HomeMy WebLinkAboutAgenda Packets - 2003/07/07Administrator’s Report
July 7, 2003
Billboard Update. I received an update from Clear Channel yesterday (Wednesday, July 2,
2003) that MnDOT has decided to simply wait for the Supreme Court’s ruling on the billboards
rather than dismissing their appeal as Clear Channel had requested. The ruling was posted this
afternoon and I am unhappy to report that the Supreme Court has overturned the court of appeals
decision. I have already spoken with Clear Channel and will be meeting with them next week to
assess the options, if there are any. I am attaching the ruling for your review. The one thing of
note is that the decision was split four to three. The dissenting opinion was very strong and
supported the issuance of the permits. The basis for the denial, it seems, is that the majority of
the court felt that the golf course was not a business as defined by statutes. I’ll keep you
updated. http://www.courts.state.mn.us/opinions/sc/current/opC011695-0703.html
Harstad litigation. I was going to attach a status report from Jim Thomson, the attorney
selected by the League to represent us in this litigation, however it was not yet available. I will
provide this to the Council prior to the meeting or as soon as I receive something. (Check your
boxes Monday.)
Farrell Variance Request. You may recall the situation on Greenfield Avenue recently that
resulted in signage being posted to restrict parking just south of County Road I. The issue
stemmed form the businesses operating at 2402 County Road I. One of the conditions of the
resolution approving the no parking was that the property owner (Steve Farrell) apply for a
variance to allow two more parking stalls on the lot. Mr. Farrell has submitted the variance
request and the Planning Commission denied the request, as they believed Mr. Farrell is the
cause of the problems. Mr. Farrell will be appealing this decision to the City Council, along with
a request to modify the provisions of the original resolution (Res. 5527) approving the
development. Mr. Farrell keeps his garbage outside and was unaware that the previous owner
agreed to keep the garbage INSIDE per Resolution 5527. Look for that on your July 14th agenda.
Humane Society Invoice. I received a voice mail message from the Humane Society late last
week. They will generate a new invoice at half the amount originally invoiced per the City
Council’s direction ion June 9, 2003.
Dealing with the Deficit. On Thursday, June 26, 2003, Sherry Gunn and I attended a meeting of
the Ramsey County League of Local Governments with other City and County elected and
appointed officials. It was interesting hear what the County and other communities are doing in
response to the budget cuts. There was some discussion about doing more cooperative
purchasing between Ramsey County, the City of St. Paul and the other suburban municipalities.
One such opportunity is RiverPrint, a joint endeavor between the County and St. Paul.
RiverPrint is a full service printing facility which would be able to produce our newsletters
(Mounds View Matters) possibly cheaper than with our current vendor. We’d need to enter into
a joint powers agreement (JPA) to utilize their services, but before we do that I’ll get a quote on
the newsletter to determine if it would be worth the effort.
Voice Mail Update. The technicians from Action Systems were successful in resurrecting our
old voice mails from the hard drive which they inserted into a temporary machine to “tide us
over” until a permanent fix can take place. We’ve asked them to provide us with a list of options
and alternatives and we hope to present this to the Council as soon as possible.
Administrator’s Report
July 7, 2003
Page 2
Ramsey County Suburban HRA Levy. Last week I provided you with a memo from
Commissioner Rettman regarding the County’s proposed County HRA tax levy. You may recall
that the I-35W Corridor Coalition was proposing legislation that would allow it to collect its own
HRA levy which would have been used to further the housing and redevelopment goals of the
coalition. This legislation did not pass and the County is reconsidering its own levy. There will
be a meeting on Monday, August 4, 2003 at 2:00 pm to consider this issue further. It’s been
proposed that Coalition communities could use its portion of the County collected levy to cover
the costs of the Housing Resource Center. I will attend this meeting and keep the Council
informed.
800 MHz Informational Meeting. Ramsey County is moving forward with its conversion to an
800 MHz communications system. Ramsey County Manager Paul Kirkwold is holding a
meeting on Thursday, July 31, 4:00 pm at the Little Canada City Hall to update all interested
stakeholders. The new communications system will greatly improve efficiencies and allow for
shared communications between ALL police departments, fire departments, sheriffs offices and
even public works staffs. Chief Sommer supports this adoption of this technology. The County
plans to bond for the system and will be offering Cities and other agencies various repayment
options. They are applying for grants and other outside funding to reduce to whatever extent
possible the cost to the County and its suburban communities. Mr. Kirkwold would like the
Council to adopt a resolution of support at your July 14th Council meeting. This resolution
(sample attached) does not bind Mounds View to any future decision regarding its
communication needs—the purpose is to put the County in a better position for securing grants
and other outside funding opportunities. This will be on your July 14th Consent Agenda.
Planning Associate Position. Consistent with Resolution 6012, adopted May 12, 2003, we have
posted the opening for the Planning Associate with the StarTribune, the League of MN Cities,
Minnesota Chapter of the American Planning Association along with our own website. The
close date for submitting applications is Friday, August 1, 2003. I would anticipate interviews to
occur in mid-August with a potential start date early September.
AFSCME Negotiations. As you already know, AFSCME Council No. 14 has indicated their
desire to begin negotiations for the contract that will expire at the end of this year. A copy of
this notice was also sent to Ms. Antonsen with Labor Relations Associates. As I mentioned in a
memo to the Council dated June 25, 2003, we really don’t need to take any action at this time as
the union will contact me or the new administrator to set up a time and date to begin
negotiations, however the Council may want to discuss who it would like to have assist the City
with the negotiations.
Hammerschmidt File. We have received a copy of correspondence dated June 27, 2003, from
Julie Fleming-Wolfe to Mr. Hammerschmidt’s attorney regarding the payments to Mr.
Hammerschmidt which closes the files on his wrongful termination case. The damages, as
identified by the arbitrator, amounted to $41,864. With the dismissal of Hammerschmidt’s
unemployment compensation appeal, this concludes all issues surrounding and related to the
termination of Mr. Hammerschmidt.
Administrator’s Report
July 7, 2003
Page 3
Jim on Vacation. I wanted to wait until AFTER the new administrator started before I
scheduled any vacation, but I am no longer able to wait without jeopardizing the ability to have
enough time with the kids this summer, so I have set aside the final two weeks of July as my
vacation which will provide for a full week with Mr. Ulrich assuming he starts on July 14th. The
resolution the Council directed me to draft regarding my lost vacation time will be on the July 14
consent agenda. As background for your information, I lost 32 hours of vacation at the end of
the year that I was unable to use. (The policy states an employee may “carry over” two weeks of
vacation plus the amount of vacation time earned that year.) If for some reason we are without
an administrator toward the end of July, Charlie would step in to ensure everything runs
smoothly in my absence. (I will be in Yellowstone with my kids!)
Pawnshop Ordinance. I had intended to provide the Council with a draft of the ordinance that
would create an overlay district for pawnshops at the July worksession. Because there was not a
consensus on the location of the overlay (either north of Highway 10 or south of County Road H
in the Mustang Drive industrial park) and because we are considering adding other uses in the
overlay (Councilmember Stigney suggested that we add adult uses, check cashing facilities,
tattoo and piercing establishments, gun shops, etc.) I would like to bring the issue before the
Planning Commission to get their opinion on the issue of creating such a district, the uses it
would include, and the location. This will be before the Commission on the July 16 meeting. If
a recommendation is forthcoming at that meeting, the item would be back before the Council for
first reading on July 28, 2003.
MV School District. A question was raised at the Council’s last regularly scheduled meeting in
response to the County Road H sidewalk discussion regarding the availability of subsidized
busing. I traded voice-mail messages with Superintendent Witthuhn who did confirm that
subsidized busing IS available for those families that qualify (I did not ask what the
qualifications were.) I also asked about the rumor that some district schools would be closing
next year. Ms. Witthuhn did respond that if their levy does not pass, they would consider closing
one elementary school and one middle school, especially if district enrollment continues to
decline. There has been no discussion however regarding which of the schools would be
candidates for closure. I’ll try to remain informed on this and will keep the Council informed as
well.
Housing Resource Center. Staff from the Housing Resource Center (HRC), a division of the
Greater Metropolitan Housing Corporation (GMHC), will be on hand to give the Council a brief
overview of the organization and the benefits afforded to Mounds View residents. Attached to
my report are two spreadsheets showing activity in two HRC programs—the MHFA Rehab
Incentive program and the Mounds View Manufactured Home Community Revitalization and
Acquisition program. While we certainly will need to look critically at all expenditures for 2004,
this years the $10,000 HRC membership fee has resulted in residents receiving $61,500 in
rebates and deferred loans with 180 households being served altogether. The “value” of the
construction projects undertaken by residents through the HRC amounts to $188,000.
Administrator’s Report
July 7, 2003
Page 4
OUTSTANDING ISSUES. As a reminder, the following issues have been brought up in the
past and need to be resolved:
a. Labor Negotiations. The Council has been provided with copies of the Public Works
Collective Bargaining Unit contract and the Mounds View Patrol Officers contract
proposals along with comments from Ann Antonsen from Labor Relations dated June 9,
2003. I have been asked recently by both groups regarding their contract proposals and
whether the City intended to respond or negotiate. Now that you have had some time to
review both the proposals and the response from Labor Relations, I would ask that you
provide some direction to staff. Given how close we are to having a new administrator,
perhaps this is one issue that can be deferred for his attention.
b. Compensation Study. A few months ago, the Council received the Compensation study
that was performed by Labor Relations Associates. There were some questions raised by
Mounds View employees in a letter dated April 25, 2003, and as a result the Council
asked that Labor Relations respond to their questions. Labor Relations provided a written
response dated May 9, 2003. The response was provided to the Council on May 12,
2003. Our adopted personnel policies indicate that we need to take some action
regarding the study which is what was represented to AFSCME during negotiations in
2002. Please provide some direction regarding the study so that I can respond to
employees’ questions about this.
Please feel free to contact me regarding anything in this report or anything being presented on
the Council agenda.
James Ericson
Interim City Administrator
CITY OF MOUNDS VIEW
CITY COUNCIL WORKSESSION AGENDA
Monday, July 7, 2003
7:00 p.m.
ROLL CALL: Linke, Quick, Marty, Stigney, Gunn
(The Council may call this meeting to order)
PUBLIC COMMENT
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.
Agenda Items Discussed by Consensus
_______ 1. Kennedy & Graven Terms of Retainer Discussion
_______ 2. Strategies and Priorities for the 2004 Budget
_______ 3. County Road H Sidewalk Discussion (verbal report)
_______ 4. Golf Course Server Connection Update (Burg)
_______ 5. Golf Course Greens Mower Repair versus Replacement Options (Burg)
_______ 6. Festival Agreement Review
_______ 7. Police Civil Service Commission Discussion
_______ 8. Code Amendment: 2:00 AM Closing Time
_______ 9. Delinquent Utility Bill Collection by Special Assessment Instead of Water
Shutoff
_______ 10. Trunk Highway 10 Noise Abatement Issue – Berm Option
_______ 11. Garbage Collection – Limiting the days of Collection
_______ 12. Manufactured Home Park Access Issue
-Draft report for Towns Edge Terrace
-MV Manufactured Home Community Neighborhood Meeting Summary
_______ 13. County Road H2 Project Update
_______ 14. City Administrator Offer and Acceptance (verbal report)
_______ 15. Housing Resource Center Presentation (verbal report)
Next Council Worksession: Monday, August 4, 2003
Next City Council Meeting: Monday, July 14, 2003
Item No: WS-1
Meeting Date: July 7, 2003
Type of Business: Worksession
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Acting City Administrator
Item Title/Subject: Discuss Kennedy & Graven Retainer Agreement and
Identify Expectations
Introduction:
At the Council meeting on June 23, 2003, staff presented a summary report regarding the
interviews conducted of the six city attorney firm finalists on Thursday, June 12, 2003. The
Council discussed which firms it wanted to invite back to the July worksession for follow-up
interviews and decided that it wanted to retain Kennedy & Graven’s services. City Attorney
Scott Riggs was then invited to attend the worksession to discuss the retainer agreement
and to address expectations and possibilities for reducing the City’s overall legal
expenditures.
Discussion:
Attached please find the proposed retainer agreement from Kennedy & Graven, which
appears to be substantially similar (in terms of which services are covered or not covered) as
the one executed in 1999 (also attached for the Council’s reference.)
The Department Heads recommend adding the following items to the retainer agreement:
1. Regular training for staff in areas including, but not limited to, human resource issues,
sexual harassment, city government procedures, employee discipline procedures,
workers compensation, OSHA issues.
2. Occasional attendance at staff meetings as directed by the City Clerk/Administrator.
3. Legal updates, alerts & opinions to staff on issues affecting the city.
4. Proactive advice as to our City Code and personnel policies
In addition, the retainer should better articulate the response process to be more consistent
with the City’s expectations. At a minimum, staff should know the City Attorney’s schedule
(in a general sense, at least) insofar as it would relate to the timeliness of a response. If the
attorney is out of the office every Thursday, for example, that would be helpful to know in
advance. What should the maximum amount of time be before a response is received? I
would propose that a “same day” response should be the expectation, with calls or e -mails in
the afternoon returned the next morning. If the attorney is unable to answer the questions or
provide the opinion in this time frame, then a response indicating as much should be
received as identified above with an indication as to how much time it would take to provide
the requested information.
Attorney Retainer
July 7, 2003
Page 2
Mr. Riggs indicated that he would have some suggestions for the Council to consider that
would reduce the City’s overall legal expenditures. I am curious if it would it be possible to
reduce the monthly retainer amount or make the retainer more inclusive? Adding the four
items listed on the previous page would be a step in that direction.
Last, if the Council chooses to continue with Kennedy & Graven, staff would recommend
that the City review the retainer agreement in six months to assess the City’s satisfaction
with the arrangements.
Recommendation:
Consider the Attorney’s presentation and discuss the proposed retainer agreement; direct
staff to draft a resolution for action on July 14, 2003 appointing the Mounds View City
Attorney.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. Retainer Agreement, 1999
2. Retainer Agreement (Proposed), 2003
KENNEDY & GRAVEN, CHARTERED
2003 Legal Services Retainer Agreement
For the City of Mounds View (Proposed)
Item No. 04
Type of Business: WS
Meeting Date: July 7, 2003
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mary Burg, Golf Course Manager
Subject: Direction Regarding the Purchase of Equipment for
Wireless Connection for The Bridges Golf Course
Background
As the Council is aware, The Bridges Golf Course should upgrade the ability to connect to
the City of Mounds Views’ Network Server. The benefit of a direct link to the golf course is
data accountability and security. Staff has compared a variety of available options for the
project. This is a description of choices that exist.
Discussion
The network link of the City server and The Bridge’s will create enhanced accountability.
The data storage would be on line with all other department. The golf course will have the
same back-up system capability as the entire City network. The Finance department
would have access directly to golf course financial data. The Bridges would have the
benefit of same security or firewall protection against viruses and pornography, as does
the rest of the network.
The technology presently available to other City Departments, such as the ability to scan,
fax, and electronically maintain document storage will be a cost savings as the use of
paper will diminish. Elimination of the dial up service will offer additional savings.
The City Staff reviewed the following enhancement methods. The options are as follows:
1. Dial-up Connection as used presently. This does not offer the capacity requirement
needed for the transfer of information.
2. High speed Internet through the installation of fiber optic cable. The fiber optic
cable would offer a direct line to the City of Mounds View network server. The
access would be available at any time, 24/7. This method is not a viable option as
the high-speed cable is not presently available near the golf course, thus it is cost
prohibitive.
3. Installation of a wireless remote system by an outside vender. This offers most of
the same benefit as the fiber optic cable. Wireless technology has become a cost
effective option, however the installation of the equipment by an outside vender
would be $6-7,000. A wireless remote system may be impacted by inclement
weather conditions.
4. The installation of wireless remote technology by using the professional staff at the
cities of Roseville and Mounds View. This option will offer the same advantages as
listed in option #2. The benefit is the cost savings of labor costs. The City of
Roseville has offered assistance in the installation. Roseville will provide IT
Technicians to assist Mounds View Staff with the project. This option may require
additional cost if the installation necessitates supplementary assistance of another
technician from an outside vender. This option will take staff time, but that time is
not estimated into the expense. Again, wireless remote technology may be
impacted by inclement weather conditions.
The Parts List attached as Exhibit A.
Recommendation
Staff requests the directive from the city council to proceed with the upgrade of the
network connection. Staff recommends that the Council authorize option #4, the purchase
of the equipment for the installation of wireless remote at an estimated cost of $3084.79.
Installation to be performed by city staff.
Respectfully Submitted,
Mary Burg, Golf Course Manager
Exhibit A; Parts:
Quantity: 2.000
Product: Cisco 350 11Mbps, DSSS Bridge w/128-bit WEP
CDWG Part#: 326853
Price: $799.00
Ext. Price: $1,598.00
Quantity: 2.000
Product: Cisco Aironet Lightning Arrestor
CDWG Part#: 218014
Price: $140.00
Ext. Price: $280.00
Quantity: 2.000
Product: Cisco Aironet Yagi Articulating Mount
CDWG Part#: 218013
Price: $45.00
Ext. Price: $90.00
Quantity: 2.000
Product: Cisco 100ft Ultra Low-Loss Cable
CDWG Part#: 371379
Price: $199.00
Ext. Price: $398.00
Quantity: 2.000
Product: Cisco Aironet Yagi Mast Mount
CDWG Part#: 218055
Price: $248.00
Ext. Price: $496.00
Quantity: 2.000
Product: Cisco Aironet 60" Bulkhead Extender
CDWG Part#: 218009
Price: $45.00
Ext. Price: $90.00
Quantity: 2.000
Product: Cisco Power Injector
CDWG Part#: 322679
Price: $39.00
Ext. Price: $78.00
=========================================================
Sub Total: $3,030.00
Freight: $54.79
*Sales Tax: $0.00
Total: $3,084.70
Item No. 05
Type of Business: WS
Meeting Date: July 7, 2003
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mary Burg, Golf Course Manager
Subject: Direction Regarding the Purchase of Equipment for
Greens Mower for The Bridges
Background
The Bridges Golf Course 2003 Capital budget includes funding of a replacement greens
mower.
Discussion
The Bridges’ mowing equipment is nearing its useful life. The greens mower is in need of
replacement soon. However, it may be possible to maintain the mower to complete this
season by the rebuilding of the reels.
The useful life of this type of equipment is generally 7-8 years. There become concerns
regarding its dependability. As the greens mower ages the parts wear and the quality of
cut is compromised. Additional concerns regarding any other malfunctions or breakdowns
would have a profound impact on playability. As the maintenance of the greens is the
number one priority on the course, this mower is an essential piece of equipment. Top
quality greens are mandatory to the course operation.
The City Staff reviewed the following options.
1. Rebuild the reels at a cost of $1,000.
2. Replace the reels at a cost of $6,400.
3. Replace the green mower at a cost of $15,500.
The mower will need to be replaced in the very near future.
Recommendation
Staff requests the directive from the city council to authorize the purchase of a
replacement greens mower.
Respectfully Submitted,
Mary Burg, Golf Course Manager
Item No: WS-6
Meeting Date: March 3, 2003
Type of Business: Worksession
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Festival in the Park Discussion
Discussion:
The Council last discussed the “Festival” on March 3, 2003. The 2003 agreement was
reviewed and a few issues were raised concerning the agreement relating to insurance,
organization status and City of Mounds View employees volunteering for the Festival.
Attached is the currently proposed agreement for 2003, the schedule of Festival events on
August 16th and August 17th, as well as the 2002 and 2001 Festival agreements. Attached
is a copy of the Festival Agreement I received from the City Attorney.
Regarding the issue of organizational status, the Mounds View Festival Inc. did receive its
confirmation from the IRS as being approved as a 501-C3 not-for-profit corporation, a
requirement for receiving funds from the City and other donors.
As to the issue of Mounds View employees volunteering on behalf of the Festival, I spoke
with Nick Marino with the Maguire Agency and he did not have a problem with employees
volunteering the way the agreement was drafted. The Festival’s insurance coverage would
handle any issues that relate to the volunteers. Scott Riggs confirms this.
Recommendation:
Discuss the Festival Agreement and provide direction to staff, if any direction is needed.
If the Agreement is acceptable, it will be brought back to the Council for consideration
later this month.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. Festival Agreement (2003)
2. Festival Schedule of Events - 2003
3. Festival Agreement (2002)
4. Festival Agreement (2001)
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FESTIVAL AGREEMENT
THIS AGREEMENT is entered into this ______ day of ____________, 2003, by and
between the City of Mounds View, a municipal corporation under the laws of Minnesota (the
“City”) and Mounds View Festival, Inc., a Minnesota non-profit corporation (the “Corporation”).
WHEREAS, the City is owner of City Hall, City Hall Park, community center and the
Bridges Golf Course (collectively the “Park”) located within the City; and
WHEREAS, the Corporation desires to sponsor and coordinate an annual community event
entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on August 16 – 17, 2003;
and
WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-.191 and other law, the City
has the authority to operate a program of public recreation and enter into agreements with the
Corporation pertaining to the conduct thereof; and
WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and
WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and
WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of
the City in accordance with the terms and conditions of this Agreement.
NOW THEREFORE, the parties agree as follows:
1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the
Festival.
2. Time and Performance. This Agreement will begin as of July 14, 2003 and will
terminate as of September 31, 2003 (the "Termination Date").
3. City Contribution. In support of the community-based Festival, the City will
provide a contribution of up to $4000.00, which includes the $140.00 dollar amount to be paid
by the Corporation to the City for the amusement license necessary for the Festival, with the
amount of such actual monetary contribution to be reduced by the cost to the City of providing
City staff assistance to the Festival. The City will provide the assistance of City staff to assist
the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The up to
$4000.00 City contribution shall be reduced by the amount of the personnel costs paid by the
City for the Festival as set forth in Exhibit A. The City will provide the assistance of City
equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by
reference. The City will allow use of the Park upon the Corporation requesting and obtaining the
appropriate permits from the City for the Park. The City agrees to waive the permit fee for the
Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to
the Corporation after the City’s payroll period following the Festival.
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If the Agreement should be terminated for any reason prior to the Termination Date, the
Corporation will be compensated on a pro rata basis for the period of time that this Agreement was
in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments,
and the City shall not withhold any amounts therefor. In addition, the Corporation shall be
responsible for any necessary workers compensation and unemployment insurance required for the
individuals performing services hereunder, and the City shall have no obligation whatsoever in this
regard.
4. Independent Contractor. The Corporation and neither it nor any of its volunteers,
employees or agents performing services hereunder shall be an employee of the City. The
Corporation is an independent contractor and it shall retain control over the manner and means of
the work set forth above. The Corporation understands and acknowledges that the City shall not
provide any benefits of any type in connection with this Agreement, including but not limited to
health or medical insurance, workers compensation insurance, or unemployment insurance. The
Corporation shall in no case have the power to bind or obligate the City in any way to any third-
party.
5. Insurance.
a. The Corporation shall provide comprehensive general liability
insurance for bodily injury and property damage with a combined single limit of
$1,000,000 per occurrence. Such comprehensive general liability insurance shall
include, but not be limited to, coverage for mechanically-operated amusement
devices, alcohol sales, and fireworks displays. The policies of insurance shall name
the City of Mounds View as an additional insured.
b. The Corporation shall provide evidence of automobile and mobile
equipment insurance coverage for all motorized vehicles used in connection with
work under this Agreement with a combined single limit for bodily injury and
property damage of not less than $1,000,000 per occurrence.
c. The Corporation shall provide Workers’ Compensation coverage in
the statutory amount required for all individuals performing services under this
contract such as contractors’ employees, subcontractors, independent contractors,
etc.
d. The Corporation shall provide Employer’s Liability insurance
coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000
bodily injury each accident, bodily injury by disease $500,000 policy limit,
$100,000 bodily injury by disease each employee.
e. A Certificate of Insurance showing coverage as indicated above with
a carrier that is acceptable to the City of Mounds View as well as a copy of all
policies of insurance shall be submitted to the City Clerk-Administrator at least
30 days prior to the Festival. The City reserves the right to reject the carrier if it is
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not an A+ carrier licensed to do business in the State of Minnesota.
f. Nothing herein shall be construed as a waiver of any immunity or
limitation on liability to which the City is entitled under law.
6. Termination. If either party fails to perform its obligations under this Agreement,
the other party may terminate this Agreement by giving written notice of the intention to terminate
to the other party at least thirty (30) days prior to such termination, provided, however, that if the
Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole
judgment of the City, a threat to the public health, safety, or welfare, the City may immediately
terminate this Agreement.
7. General Terms and Conditions.
a. The Corporation will provide all equipment used by the Corporation,
except the City equipment as set forth in Exhibit B which is incorporated herein by
reference.
b. Corporation will control its own schedule of work hours as necessary
to sponsor and coordinate the Festival.
c. Any and all reports, and other work products, whether completed or
not, that are prepared or developed by the Corporation as a part of this Agreement
shall be jointly owned by the City and the Corporation and shall be made available
to the City promptly at the City's request or at the termination of this Agreement.
The Corporation shall provide annual financial reports including all revenues and
expenditures related to the Festival for the past three years prior to execution of this
Agreement and a financial report including all revenues and expenditures related to
the Festival for the present year within thirty days of the date of the Festival.
d. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
e. A notice, demand, or other communication under this Agreement by
either party to the other shall be sufficiently given or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt requested, or delivered
personally to the following addresses:
City: 2401 Highway 10
Mounds View, MN 55112
ATTN: Clerk-Administrator
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Corporation: 8120 Red Oak Court
Mounds View, MN 55112-5843
ATTN: Sherry Gunn
or at such other address with respect to either such party as that party may, from time
to time, designate in writing and forward to the other as provided in this Section.
f. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
g. This Agreement is made and shall be governed in all respects by
the laws of the state of Minnesota. Any disputes, controversies, or claims arising
out of this Agreement shall be heard in the state or federal courts of Minnesota,
and the parties to this Agreement waive any objection to the jurisdiction of these
courts, whether based on convenience or otherwise.
h. If any provision or application of this Agreement is held unlawful
or unenforceable in any respect, such illegality or unenforceability shall not affect
other provisions or applications that can be given effect, and this Agreement shall
be construed as if the unlawful or unenforceable provision or application had
never been contained herein or prescribed hereby.
i. This Agreement, together with its Exhibits, which is incorporated
by reference, constitutes the complete and exclusive statement of all mutual
understandings between the parties with respect to this Agreement, superseding
all prior or contemporaneous proposals, communications, and understandings,
whether oral or written, concerning this Agreement. This Agreement may not be
amended nor any of its terms modified except by a writing authorized and
executed by both parties hereto.
8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its
governing body members, officers, agents, servants, and against and from any claim, demand,
suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or
purportedly arising from this Agreement or the activities undertaken pursuant to it. The
provisions of this paragraph 8 shall survive termination of this Agreement.
9. The Corporation will provide the City with a comprehensive accounting and
detailing of the expenditure of funds contributed by the City to the Festival and the Corporation.
SJR-199377v6
MU125-11
5
IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the
date first written above.
CITY OF MOUNDS VIEW
By: __________________________________
Its: Mayor
By: __________________________________
Its: Clerk-Administrator
MOUNDS VIEW FESTIVAL, INC.
By: __________________________________
Its: __________________________________
By: __________________________________
Its: __________________________________
SJR-199377v6
MU125-11
A-1
EXHIBIT A
CITY STAFF ASSISTANCE ESTIMATE
1. Maintenance workers:
2 workers x 20 hrs @ approx. $32/hr $1,280.00
3 seasonal workers x 12 hrs @ approx. $10/hr $ 360.00
2. Police:
2 officers x 8 hrs @ approx. $55/hr $ 880.00
$2,520.00
SJR-199377v6
MU125-11
B-1
EXHIBIT B
CITY EQUIPMENT
1. Public Works Equipment:
550 truck
409 truck
tandem trailer
front end loader
104 truck
Jacobsen
city Honda generator
469 truck
1 ton truck
post pounder
L8000 dump truck
hoses
extension cords
water shut off keys
2. Fire Dept:
fire truck
3. The Bridges:
4 golf cart
Item No: WS-7
Meeting Date: July 7, 2003
Type of Business: Worksession
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Police Civil Service Commission Discussion
Introduction:
At the worksession on June 2, 2003, the Council requested some information on whether
other cities have police civil service commissions and if so, have they experienced any
problems.
Discussion:
Chief Sommer polled neighboring communities and any other communities who chose to
respond the following questions:
1. Does your police department operate under the direction of a civil service commission?
2. If yes, have you encountered any obstacles applying the requirements of M.S. 419?
3. If no, does your department utilize any other type of police commission?
The results of Chief Sommer’s survey are attached to this report. It should be noted that some
of the City’s that do have a civil service commission do not strictly follow the requirements of
Chapter 419.
You may want to bring the report from the June 2nd worksession (Item 3) which included the
memos and reports from the City Attorney regarding the Police Civil Service Commission.
Recommendation:
Discuss and direct staff accordingly.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. PCSC Survey
Exhibit 1.
POLICE CIVIL SERVICE COMMISSION SURVEY
SURVEY SUBMITTED TO
MINNESOTA CHIEFS OF POLICE ASSOCIATION MEMBERS
(Updated 7/1/2003)
DEPARTMENT
NAME
DOES YOUR
DEPARTMENT
OPERATE UNDER
CIVIL SERVICE?
IF YES, HAVE YOU
ENCOUNTERED ANY
OBSTACLES APPLYING
THE REQUIREMENTS
UNDER MS 419?
IF NO, DOES YOUR
DEPARTMENT UTILIZE
ANY OTHER TYPE OF
POLICE COMMISSION?
New Hope Yes Yes, takes extra time for
hiring.
Fridley No, just abolished it. Outdated, too difficult to
apply.
Mountain Lake No NA Police Commission-Advisory
Board.
Marshall Yes No problems
White Bear Lake Yes Nothing serious
Shakopee Yes No
Apple Valley No No
Newport No No
Spring Lake Park No
Lake City Yes No
Detroit Lakes Yes No
Willmar Yes Yes, slow & cumbersome
to hire and promote.
Orono No Police Commission made up
of Council Members
Roseville Yes Nothing serious
Austin Yes No
Medina No N/A No
Stillwater No N/A
Brainerd Yes Yes, slows hiring process.
Edina No No
Hibbing Yes Works OK
New Brighton
Yes
No problems—Commission
does not oversee civilian
employees, director or
deputy director
NB also has a public safety
commission which serves the
Council by reviewing traffic
calming issues, parking
issues, human rights/bias
crime, etc.
Blaine No
Item No: WS-8
Meeting Date: July 7, 2003
Type of Business: Worksession
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Proposed City Code Amendment Relating to Hours of
Operation, On-Sale Liquor Establishments
Introduction:
At the Council’s last meeting, there was direction to have staff draft an amendment to the
City Code that would allow on-sale liquor establishments in Mounds View to stay open until
2:00 am consistent with the recently amended state law.
Discussion:
Draft Ordinance 717 is attached which amends the City Code to allow on-sale liquor
establishments to serve alcohol until 2:00 am. Our Code does not simply reference
Minnesota statutes regarding hours of operation so an amendment to our Code is necessary
to allow the Mounds View on-sale establishments to stay open until 2:00 am.
Recommendation:
Discuss and direct staff accordingly.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. Ordinance 717
ORDINANCE NO. 717
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 502 OF THE MOUNDS VIEW MUNICIPAL
CODE PERTAINING TO INTOXICATING AND 3.2 PERCENT LIQUOR
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Chapter 502 of the Mounds View Municipal Code pertaining to
“Intoxicating Liquor” is hereby amended with new language underlined and language to be
deleted stricken to read as follows:
502.12: HOURS AND DAYS OF SALES:
Subd. 1. General Restrictions: No on-sale shall be made between the hours of one two
o'clock (1 2:00) A.M. and eight o'clock (8:00) A.M. on any weekday. No off-sale shall
be made before eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. on any day
except Friday and Saturday, on which days off-sale may be made until ten o'clock
(10:00) P.M. No off-sale shall be made on Thanksgiving Day or Christmas Day,
December 25, but on the evenings preceding such days, if the sale of liquor is not
otherwise prohibited on such evenings, off-sale may be made until ten o'clock (10:00)
P.M.; except, that no off-sale shall be made on December 24 after eight o'clock (8:00)
P.M.
Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section,
on-sale establishments licensed to sell intoxicating liquor on Sunday may serve same
between the hours of twelve o'clock (12:00) noon and one two o'clock (1 2:00) A.M.
on Sundays in conjunction with serving of food. In addition, the City Council may
authorize, by license, a licensee to serve intoxicating liquors between the hours of ten
o'clock (10:00) A.M. and twelve o'clock (12:00) noon on Sunday in conjunction with
the serving of food only to persons seated at tables ordinarily used for dining.
Provided, however, that the licensed establishment is in conformance with the
Minnesota Clean Air Act.
SECTION 2: Chapter 503 of the Mounds View Municipal Code pertaining to “3.2
Percent Malt Liquor“ is hereby amended with new language underlined and language to be
deleted stricken to read as follows:
503.10: HOURS OF SALES: No sale of beer shall be made on any Sunday between the
hours of one two o'clock (1 2:00) A.M. and twelve o'clock (12:00) noon. No sale shall be
made between the hours of one two o'clock (1 2:00) A.M. and eight o'clock (8:00) A.M. on any
other day.
Ordinance 717
Page 2
SECTION 3. This Ordinance becomes effective thirty (30) days after its publication
in the official City newspaper.
First read by the City Council of the City of Mounds View on this 14th day of July, 2003.
Read and passed by the City Council of the City of Mounds View this 28th day of July,
2003.
Jerry Linke, Mayor
ATTEST:
_____________________________________
James Ericson, Interim Clerk Administrator
(SEAL)
APPROVED AS TO FORM:
_________________________
City Attorney
Item No. 9
Type of Business: WK
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Discussion of Delinquent Utility Bill Collection by
Special Assessment Instead of Water Shutoff
Meeting Date: July 7, 2003
The staff has felt for some time that using water service shutoff as the primary means
of collecting delinquent utility bills is unnecessarily harsh for our residents and not
efficient for the City. The City’s auditors, MMKR, also recommended in their
management letter that the City consider switching to special assessment to the
property tax system as a primary means of collection of delinquent bills.
This is in fact the collection process currently in use by most other cities. We are one
of very few cities who routinely shut off water service. A quick survey of surrounding
cities found that Arden Hills, Fridley, New Brighton, Shoreview, and Spring Lake Park
rely on special assessments. Blaine has been shutting off water until recently, but is
now switching to special assessments. Only Columbia Heights uses water service
shut offs. I think this is representative of statewide practices.
Water service shut off is a harsh practice that works hardship on our residents by
depriving them of an essential service. Most people who experience the water shut
off are already in some other financial difficulty that is only made worse. Hard
feelings toward the City are generated and the potential for a confrontation is set up.
It is a time consuming and inefficient use of public works personnel.
The shut off process begins with a standard delinquent notice, followed by a letter
warning of the impending shut off, then a trip to the property by Public Works staff to
shut off the water service. After the delinquent bill plus a $75.00 fee are paid, Public
Works again goes to the property to turn the water back on. The $75.00 may not
really cover the total cost of the operation.
A special assessment process would begin with a standard delinquent notice,
followed by a letter notifying the property owner of a public hearing, followed by the
public hearing where the assessment would be certified, followed by a 30 day period
where the assessment could be paid without interest, after which the assessment
role would be forwarded to Ramsey County.
A special assessment certification fee, I would probably recommend $25 or $30 per
parcel, would be added to the delinquent balance at the time of the public hearing.
The City Council would set an interest rate each year to be applied to the special
assessments. The certification fee and interest rate would be set to recover the
City’s cost for the process.
The special assessment certification would happen at least once per year, timed to
coincide with Ramsey County’s deadlines. It could happen more than once. The
advantage of doing the process twice per year is that once the City Council holds the
public hearing and certifies the assessment, it is then a lien against the property.
A certified assessment can’t be negated by bankruptcy of the owner or sale of the
property. I recommend that the City keep the option of shutting off water service as a
back up procedure for the very few cases in which special assessments aren’t
allowed.
By coincidence, we are about to start a shut off process. If the City Council wishes to
make a policy change, we can forgo the shut off and develop a special assessment
process instead. State law and Ramsey County procedures already define the
process to a great extent.
A draft policy is attached for review by the City Council. This is an early draft and
needs fine tuning in a number of areas. This is particularly true of number of days
between various steps in the process. It could be possible to complete work on the
policy fairly quickly and allow certification of a special assessment role for this fall’s
deadlines.
The draft policy contains several significant points that merit special attention as
follows:
1 Special assessments become the primary means of collection of
delinquent accounts. Water service shut offs become a back up
procedure.
2 Residential rental properties shall be billed to the owner, not the tenant.
3 New owners of residential properties will not be billed for unpaid amounts
owed by previous owners. Such a billing is allowed by state law, but is an
undesirable first contact between the City and a new owner.
Respectfully Submitted,
Charles Hansen
POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS
PURPOSE
The purpose of this policy is to provide an orderly and reasonable method for the
collection of accounts of the various utilities operated by the City of Mounds View and
any which may be added in the future. This policy is intended to follow with the
provisions of Minnesota State Law, Mounds View City Charter and City Ordinances.
Utilities currently operated by the City of Mounds View and the corresponding city
code sections are as follows: Water, Chapter 906; Sanitary Sewer, Chapter 907;
Street Lighting, Chapter 904; and Storm Water, Chapter 908.
POLICY
In keeping with Minnesota State Law, all municipal utility services shall be considered
to be services to the property, not to the person. All residential utility services shall be
billed to the owner of the property, not to the tenant. Commercial or industrial
properties may be billed to either the owner or tenant.
Utility services shall be billed to the appropriate party by the Finance Department
according to the rate schedule adopted annually by resolution by the City Council.
Utility accounts shall become due immediately following billing and must be paid by
the due date printed on the bill. Special assessment against the benefited property of
any delinquent unpaid accounts shall be considered as the primary means of
collection. Shutting off of water service to the benefited property shall be an alternate
means of collection in any situation where special assessment isn’t possible or
practical and for situations where the customer has failed to provide a water meter
reading for more than four quarters. Any City utility service for which a rate schedule
is established by resolution is eligible for collection by means of either special
assessment or water shut off.
PROCEDURE
NORMAL BILLING AND COLLECTION
1. A meter reading shall be obtained by electronic means if possible or from
contact with the customer. Customers who’s electronic meter isn’t
functioning must allow access by City personnel to fix a meter. Customers
who refuse to allow access to a meter will face the shut off of water
service.
2. A public utility bill is due 28 days from the date of billing.
3. The late payment penalty as defined in the rate schedule shall be applied
five working days after the due date.
4. A delinquent billing is generated for each account unpaid after 35 days
from the date of billing. Customers 21 days to pay this delinquent bill.
DELINQUENT ACCOUNTS
Rental Property (Commercial or Industrial)
If delinquency incurred by current tenant, follow normal procedures for
delinquent bills and certification by special assessment to the property tax.
If delinquency not incurred by current tenant
a. Obtain a meter reading and date of change of occupancy, and calculate
final bill for previous tenant.
b. If a forwarding address is available for the previous tenant, send a final
bill. Send an informational copy to the property owner.
c. If no address is available, notify property owner of delinquent final bill.
d. If not paid in 28 days, the unpaid amount shall be certified as a special
assessment.
FINAL BILLS
Rental Property (Commercial or Industrial)
a. All final bills unpaid after 28 days shall be billed to the property owner,
due in 28 days after the date of the billing.
b. If not paid in 28 days, the unpaid amount shall be certified as a special
assessment.
Residential Property
a. Multiple attempts shall be made to collect from the previous property
owner.
b. If efforts to collect from the previous owner are unsuccessful, the new
owner will not be billed or assessed for the previous owner’s bill.
RETURNED CHECKS
Checks which are returned to the City for non-sufficient funds, account closed,
or other wise not honored by the bank shall be charged the maximum service
fee allowed by Minnesota Statutes.
SPECIAL ASSESSMENTS
For accounts that remain uncollected after performance of the normal billing and
collection procedure, special assessment against the property shall be considered as
a primary means of collection.
1. At least one certification cycle will be timed each year to coincide with Ramsey
County’s requirements for certification to the following year’s taxes. Additional
certification cycles may be held to improve collection rates.
2. A certification cut-off date shall be established at which time all accounts
which have been billed a delinquent bill and the account is unpaid as of the
due date on the delinquent bill, shall have the balance on the account included
in the preliminary special assessment certification roll.
3. A notice of public hearing will be published in the City’s official newspaper at
least two weeks prior to the public hearing. A notice of the public hearing and
a copy of the proposed special assessment roll will be sent by first class mail
to each affected property owner at least two weeks prior to the public hearing.
4. The owner of the property shall have the option of paying the balance due on
the account until the date the date of the public hearing. After the public
hearing, payments will still be accepted, but will include the certification
charge.
5. The public hearing will be held at a City Council meeting at which the property
owners shall have the opportunity to object to the special assessment.
6. After the public hearing, for each special assessment sustained by the City
Council, the property owner shall have the options of:
a. To prepay the special assessment and the special assessment
certification charge after 30 days of the public hearing date, but before
the county certification deadline, with interest at the rate set in the
adopted rate schedule, accrued beginning on the 31st day following the
public hearing date through the date of payment.
b. To prepay the special assessment and the special assessment
certification charge after 30 days of the public hearing date, but before
the county certification deadline, with interest at the rate set by the City
Council, accrued beginning on the public hearing date through the date
of payment.
c. To pay the special assessment as billed to them by Ramsey County on
their property tax statement with an assessment term of one year.
7. After the 31st day following the public hearing, the certified roll, minus any
prepayments, shall be delivered to Ramsey County.
WATER SHUT OFFS
The City reserves the right to shut off water service to properties in situations where
special assessment isn’t practical or possible. Mounds View Ordinance City Code
Chapter 906 provides that water service may upon reasonable notice be
discontinued for nonpayment of individual accounts. The following is the procedure to
be followed when a water service shut off is initiated by the City of Mounds View.
1. A notice is sent to each delinquent account unpaid after the due date on the
delinquent bill. This notice informs customers that they have 10 business days
to select one of the following three options for handling their account.
a. Deliver payment in full to the City.
b. Sign and return a payment agreement to the City. A minimum
acceptable agreement includes a partial payment of at least ¼ the total
amount due paid within 14 days, and full payment within 30 days of the
date of the final notice. If that payment agreement is not met, the
property will proceed to shut off water service.
c. Provide a written letter to the City requesting an administrative hearing
before the City Council at their next regularly scheduled meeting. At this
meeting, the customer must show cause as to why the City Council
should remove their name and account from the list of accounts for
which service is to be discontinued. The City Council may either sustain
the requirement for payment, modify the required terms of payment, or
order staff to take such actions as it deems are necessary. If no writer
request is received, it is assumed the customer waives the right to a
hearing.
2. On the 10th day after the notice is sent, water service shall be shut off.
3. Once service has been shut off for non-payment, the entire balance due and a
restoration of service fee must be paid prior to service being turned on. The
restoration of service fees will be established in the adopted rate schedule and
will include a fee for restoration during normal business hours and a higher fee
for restoration when workers must be called back on overtime.
4. Cold Weather Rule: The City of Mounds View will not shut off water service
between October 15 and April 15.
VOLUNTARY WATER SHUT OFFS
1. Customers may request that water service be shut off for the
purpose of necessary plumbing repairs and city personnel will
perform the shut off at no cost.
2. Customers requesting that water service be shut off for any
other reason shall be charged the service fee identified in the
utility rate schedule.
Item No: 11
Meeting Date: July 7, 2003
Type of Business: WK
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Tracy Juell, Public Works Administrative Assistant
Item Title/Subject: Limited Days for Garbage and Recycling Pickups
Introduction:
During the May 12, 2003 Council meeting, discussion occurred regarding the possibility
of limiting residential/multi-family garbage/recycling pickups to 1 or 2 days a week within
the City. Staff was instructed to survey the garbage/recycling haulers for their opinion and
preference.
Discussion:
As per the attached responses from the haulers, this is the summary.
Hauler 7am Start
Time
1 Day Preferred 2Days Preferred Comments
Ace Yes Thursday Thursday Just Fine
BFI Yes Thursday Thursday/Friday Would prefer to
keep open
hauling for
routing issues.
Larry’s Quality
Sanitation
NO Wednesday Wednesday See attached
form with his
comments.
Walters Yes Can’t do Monday/Thursday Picks up
apartment
buildings and
businesses and
they require at
least 3 days.
He will work
with us though
if needed to
limit it 2 days.
Waste Mgmt Yes Monday Monday/Wednesday Keep with the 1
day a week
pickup if
possible.
Recommendation: Given that the City of Mounds View possesses an open hauling
system, it may be difficult to streamline all of the haulers to the same 1 or 2 days per
week; they need to do what is economically correct for their business and customers.
Staff is seeking Council’s direction with this issue. (Note: Staff is waiting for a response
from R.W. Beck, Inc., Consultant, regarding the assistance level in preparing a RFP for
contract recycling within the City.)