HomeMy WebLinkAboutAgenda Packets - 2001/04/02M:\MasterFiles\1999 thru 2010\2001\City Council\Work Session Packets\04-02-2001 W. S\Agenda - Work Session.doc
CITY OF MOUNDS VIEW
WORK SESSION AGENDA
MONDAY, APRIL 2, 2001
6:00 p.m.
Immediately following Special Council Meeting
Items Discussed
Per Consensus
________ 1. CHS Lease Discussion-Kathleen Miller
________ 2. Banquet Center Management-Kathleen Miller
________ 3. Golf Course Manager’s Contract-Kathleen Miller
________ 4. Proposed Budget Calendar – Bruce Kessel
________ 5. Discussion Regarding Mermaid Hotel and Banquet Center Development --
Aaron Parrish
________ 6. Council Agenda Format-Kathleen Miller
________ 7. Discussion of Hillview Park Shelter – Michael Ulrich
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GOLF COURSE MANAGER EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into this __________
day of ____________________, 2001 between the CITY OF MOUNDS VIEW, a municipal
corporation under the laws of Minnesota ("City") and JOHN HAMMERSCHMIDT
("Hammerschmidt") for the position of the City's Golf Course Manager.
WITNESSETH:
WHEREAS, the City is the owner of The Bridges golf course ("The Bridges") located in
the City of Mounds View; and
WHEREAS, Hammerschmidt is experienced in the management of golf courses and is
willing to enter into this Agreement; and
WHEREAS, the City desires to employ Hammerschmidt as the City’s Golf Course
Manager, and Hammerschmidt desires to be so employed; and
WHEREAS, the City desires to establish certain conditions of employment in connection
with Hammerschmidt’s service to the City as Golf Course Manager.
NOW, THEREFORE, in consideration of the mutual covenants and agreements as set
forth herein, the sufficiency of which is hereby acknowledged by both parties, the parties agree
as follows:
ARTICLE I: EMPLOYMENT POSITION
The City agrees to employ Hammerschmidt as Golf Course Manager and
Hammerschmidt agrees to be employed by the City as Golf Course Manager.
ARTICLE II: TERM OF AGREEMENT
The initial term of this Agreement will be This five (5) years, commencing on January 1,
2001, and continuing through December 31, 2005.Agreement shall automatically renew for two
additional five (5) year terms under the same terms and conditions unless either party gives
written notice of termination to the other party on or before June 30 in the fifth year of each five
(5) year term of the Agreement or the Agreement is terminated by either party for breach of the
Agreement pursuant to Article V of this Agreement.
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ARTICLE III: COMPENSATION
The compensation and benefits set out in this Article represent the total compensation to be
paid to Hammerschmidt for performance of this Agreement.
A. Base Salary. The City will pay Hammerschmidt a base salary of $__________ per year
in 2001, including the City’s standard contributions toward the Minnesota Public Employees
Retirement Fund, Social Security, Medicare, and health insurance. In future years,
Hammerschmidt's base salary will increase by the same percentage increase granted to City
administrative personnel.
B. Incentive Pay. Hammerschmidt will be eligible for incentive pay (as defined and calculated
in this Article) based on performance of The Bridges and the total personnel costs at The Bridges.
C. Compensation Limitations. Hammerschmidt’s total compensation shall not to exceed 95%
of the City Clerk-Administrator's maximum salary, shall not exceed any limits established by
Minnesota Statutes, and shall be established in such a manner so as to maintain the City's
compliance with the State of Minnesota's pay equity statutory requirements. In addition, the total of
all incentive pay shall not exceed 54% of Hammerschmidt's base compensation.
D. Incentive Pay Calculation. Hammerschmidt's final incentive pay will be calculated annually
based on audited financial statements from the Golf Course and established by separate resolution
adopted by the City Council in an amount up to 5% of the gross revenues at The Bridges, subject to
the following conditions:
Total compensation for all City employees at The Bridges, including incentive pay
established by the City Council, shall not exceed 48% of gross revenues at The Bridges. Total
personnel costs shall include all salaries, including incentive pay, and the associated employer's
share of benefits including but not limited to retirement, payroll taxes, proportional percent of
workers' compensation, health insurance and unemployment. Personnel costs shall exclude the
personnel costs associated with lessons.
Gross revenues shall include all revenues derived from activities conducted at The Bridges,
excluding billboard lease revenues, hard goods as set forth in Exhibit A, and less general sales taxes
and sales taxes imposed on the sale of alcoholic beverages. Prepaid fees will not be considered
revenues until such time as The Bridges has provided the goods or services necessary to earn such
fees. Discounts will be considered a reduction of gross revenues. Revenues from lessons, interest
earnings and the proceeds from the sale of non-merchandise items will be excluded from gross
revenues. All sales revenues derived from merchandise sales, which shall include food, beverages,
apparel, memorabilia, golf equipment and supplies and similar items, as well as net sales on items
specifically identified as hard goods as set forth in Exhibit A to this Agreement, shall be included in
gross revenues. The average markup on merchandise sales, which shall include food, beverages,
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apparel, memorabilia, golf equipment and supplies and similar items, but shall exclude items
specifically identified as hard goods as set forth in Exhibit A to this Agreement, shall be at least
85% of the cost of said merchandise including shipping and/or delivery charges. Hard goods, as set
forth in Exhibit A to this Agreement, shall be sold for at least the cost of said merchandise.
E. Extraordinary Circumstances. In situations brought about through acts or conditions that
are deemed to be outside the normal scope or course of operations for The Bridges and which
result in a change in circumstances for the Bridges, the City may in its sole discretion to deviate
from or spend more than the 48% of gross revenues of The Bridges for total compensation for all
City employees at The Bridges.
F. Payment of Incentive Pay. The payment of any incentive pay shall be paid annually as set
forth herein. Ninety five percent (95%) of any incentive pay shall be paid annually on or before
December 15th based upon the projected end of year revenues for the Bridges. The retained five
percent (5%) amount of the incentive pay shall be paid, if required, at such time that audited
financial statements for the preceding year are available and support payment of the retained five
percent (5%) amount. Any difference between projected end of year revenues for the Bridges
and audited financial statements for The Bridges shall be reconciled prior to payment of any of
the retained five percent (5%) amount, if such payment is required.
G. Use of Flex Time. The annual year for accumulation of flex time leave, as defined in the
City’s Personnel and Administrative Handbook, for Hammerschmidt shall be from April 1st to
March 31st of the following year. Hammerschmidt shall utilize accrued flex time leave during
the time period The Bridges is not open for the golf season and prior to March 31st of each year,
if possible. Any accrued flex time balance shall be reduced to forty (40) hours on March 31st of
each calendar year, with no additional accrued flex time leave to be carried over past March 31st
of each calendar year.
H. Professional Organizations, Meetings and Activities. Subject to approval of the City,
Hammerschmidt may attend and participate in appropriate professional meetings at local, state, and
national levels and in such organizations deemed appropriate for the performance of
Hammerschmidt’s duties, with reasonable expenses for such attendance and dues and membership
fees to be borne by the City. Hammerschmidt may hold offices or accept responsibilities in these
organizations as long as they do not interfere with the performance of Hammerschmidt’s duties as
required by this Agreement.
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I. Use of Vehicle. Subject to Minnesota Statutes Section 471.666, and any other applicable
federal, state or local law, rule, resolution or ordinance, Hammerschmidt shall have the use of a
truck of his choosing, subject to the approval of the City. Said vehicle shall be replaced every five
years. The City shall maintain automobile liability, property damage, and comprehensive
insurance and pay the normal and necessary expenses for operation and maintenance of such
vehicle.
ARTICLE IV: DUTIES AND RESPONSIBILITIES
A. Mutual Duties and Responsibilities. The parties agree to cooperate with each other toward
the common goal of effectively operating and maintaining The Bridges and other City departments,
facilities, and equipment. Whenever possible, golf course employees and other City employees will
assist each other in achieving this common goal. Such assistance will be provided at no additional
cost to the department or program receiving the assistance, provided, that the time spent by golf
course employees providing assistance at City facilities other than The Bridges is approximately
equal to the time spent by other City employees providing assistance to golf course employees.
Hammerschmidt will keep accurate time records for services rendered by golf course personnel
providing assistance to City departments other than The Bridges.
B. Hammerschmidt's Duties and Responsibilities. Hammerschmidt will be responsible for the
management and operation of The Bridges. Hammerschmidt will perform all functions and duties
required of his position as Golf Course Manager as set forth in the job description attached hereto as
Exhibit B and incorporated herein by reference, or as required by law or ordinance.
C. The City's Duties and Responsibilities. The City agrees to do the following:
1. Make all debt service payments, as required by golf course bond covenants, and ensure
adequate funding for agreed-upon capital improvement projects to the extent revenues from
The Bridges are available for such projects.
2. Approve an annual budget including adequate operating and capital outlays and base
salaries and maximum incentive pay for golf course employees by December 31 for the
subsequent year. Included in the budget will be the prices for all categories of green fees,
driving ranges, leagues, and golf cart rentals. In no event will these prices be reduced unless
by agreement of both parties.
3. Permit the use of specialized equipment owned by the City for special projects on the golf
course, provided that Hammerschmidt provides adequate advanced notice for scheduling of
such equipment.
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4. The City shall refer all criticisms, complaints, and suggestions called to the City’s attention
regarding The Bridges to Hammerschmidt for study and appropriate action, and
Hammerschmidt shall review and investigate such matters and inform the City of the result
of such review and investigation and of any recommended remedial action.
D. Covenant Not To Compete. During the period when Hammerschmidt is receiving any
compensation under this Agreement, Hammerschmidt shall not, without the prior written consent of
the City in each instance, whether as shareholder, employee, officer, director, partner, sole proprietor,
consultant or otherwise, directly or indirectly engage or participate in any corporation, partnership,
limited partnership, sole partnership or other entity competitive to or with The Bridges and located in
the following cities: Blaine, Circle Pines, Coon Rapids, Fridley, Lexington, New Brighton, North
Oaks, Roseville, St. Anthony, Shoreview and Spring Lake Park. Hammerschmidt acknowledges that
the City’s remedy at law may not be adequate in the event of any breach or threatened breach of the
terms of this paragraph and hereby consents to the equitable jurisdiction of any appropriate court
having jurisdiction of the matter for the entry of injunctive or other equitable relief.
ARTICLE V: TERMINATION
A. If Hammerschmidt fails to perform any of the terms, conditions, or requirements of this
Agreement, the City will give Hammerschmidt thirty days written notice of such failure. After
receipt of the written notice, Hammerschmidt will have up to thirty days to correct the problem,
except that the City may in any case take immediate steps 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-day period
without affecting the City's right to terminate Hammerschmidt. If Hammerschmidt fails to correct
the problem within the thirty-day period, the City may terminate the Agreement by giving
Hammerschmidt thirty days written notice of such termination.
B. If the City fails to perform any of the terms, conditions, or requirements of this Agreement,
Hammerschmidt will give the City thirty days written notice of such failure. After receipt of the
written notice, the City will have thirty days to correct the problem. If the City fails to correct the
problem within that thirty-day period, Hammerschmidt may terminate the Agreement by giving the
City thirty days written notice of such termination.
C. In addition to and without limitation under Article V.A. and V.B., gross and intentional
failure in performance of any of the terms or conditions of this agreement by City or by
Hammerschmidt, shall be deemed good cause for termination by the party wronged. In addition,
City shall have the right to terminate this agreement on 30 days’ notice to Hammerschmidt if
Hammerschmidt violates any federal, state or local law, rule, resolution or ordinance, or
conducts himself publicly or privately in any manner which offends against decency or morality
or causes him to be held in public ridicule or scorn or causes a public scandal.
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ARTICLE VI: OTHER 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, Minnesota 55112
To Hammerschmidt: John Hammerschmidt
_________________________________
_________________________________
If either party has a change of address, that party must give written notice to the other party of such
change. Failure to do so will not invalidate any notices sent to the addresses listed above.
B. Applicable Law. This Agreement shall be construed in accordance with and governed by
the laws of the State of Minnesota.
C. Entire Agreement. This Agreement constitutes the entire Agreement between the City and
Hammerschmidt with respect to the matters addressed herein.
D. Amendment. This Agreement may be modified or amended only with the written approval
of the City and Hammerschmidt.
E. 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.
F. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties.
No assignment or attempted assignment of this Agreement or any rights hereunder shall be
effective.
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G. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
H. 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 or any other covenant, agreement, term,
or condition, nor does it imply that such covenant, agreement, term, or condition may be waived
again.
I. No Conflict. Hammerschmidt affirms that to the best of his knowledge, his involvement
in this Agreement does not result in a conflict of interest with any party or entity that may be
affected by the terms of this Agreement. Hammerschmidt agrees that, should any conflict or
potential conflict of interest become known to him, he will immediately notify the City of the
conflict or potential conflict.
J. Personnel and Administrative Handbook in Effect. Unless stated otherwise in this
Agreement, the relationship between the City and Hammerschmidt shall be subject to the City’s
Personnel and Administrative Handbook.
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This Agreement was executed as of the day and year first above written.
CITY OF MOUNDS VIEW
By: ________________________________
Richard Sonterre
Its: Mayor
By: ________________________________
Kathleen Miller
Its: City Clerk-Administrator
JOHN HAMMERSCHMIDT
By: ________________________________
John Hammerschmidt
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Exhibit A
Items Specifically Identified as “Hard Goods”
The definition of “hard goods” includes items specifically identified as follows:
Shoes, golf spikes, golf bags, golf clubs, packaged golf balls and any items offered
for retail sale through The Bridges which have remained unsold in the inventory of
The Bridges for a period of time in excess of one (1) year.
Unless written permission is received from the Mounds View City Council, no hard goods items are
to be sold below cost.
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Exhibit B
Golf Course Manager Job Description
[Insert Golf Course Manager Job Description]
Item No. 4
Staff Report No.
Meeting Date: April 2,2001
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 members of the City Council
From: Bruce A. Kessel, Finance Director
Item Title/Subject: Proposed budget calendar
Date of Report: August 29, 2018
I. Budget requirements.
The City’s Charter and Code, as well as State Statutes set forth various requirements for
considering and adopting the City’s budget. The following is a summary of those requirements:
City Charter: Section 7.06, Subdivision 1. ΑThe budget shall be considered at the first regular
monthly meeting of the Council in September and at subsequent meetings ... The Council shall
adopt the budget by resolution ...≅ Subdivision 2. ΑAt least two weeks before the budget is
adopted for the ensuring fiscal year, a summary shall be given in the City Newsletter, in draft
form ...≅
Section 7.04. ΑThe City Clerk-Administrator shall submit to the Council the budget estimates
with a budget calendar to be established by resolution ...≅
Section 7.05. Α... The City Council shall hold a public hearing on the long-term financial plan
and adopt it by ordinance ...≅
State Statutes. On or before September 15, Cities need to establish a maximum levy and set the
dates for a public hearing on the proposed budget and levy for the subsequent year. Budget
hearings need to be held between November 29 And December 20. Cities can not select dates
until such time as the County and School District have selected theirs to insure that there are not
duplicate budget meetings on the same date.
II. Proposed budget calendar.
By September 15th, a preliminary budget and property tax levy will need to be approved. Since
September 10th is a regularly scheduled City Council meeting, it is recommended to be done at
this meeting.
Staff will need guidance to complete a preliminary budget, including such items as a range of
options for property tax levies, overall budget increase, salary adjustments for non-union
employees, etc. For 2002, the state has not yet imposed levy limits; a 1% increase in the levy will
raise an additional $20,980. Salary increases granted to employees covered by collective
bargaining agreement is 4% for 2002. It is anticipated that medical insurance rates will increase
10 to 20%; rates for the May 2001 thru April 2002 will be known within the next several weeks.
City of Mounds View Staff Report
August 29, 2018
Page 2
September 3rd is the Labor Day Holiday so there will not be the regularly scheduled work
session on that date. Council will need to determine the number and timing of work sessions
relating to arriving at a preliminary budget prior to a September 10th through 15th adoption.
After the preliminary budget and levy is adopted, Council and staff can have additional meetings
to discuss the 2002 budget. Historically, the City has conducted a public hearing on the budget
prior to the required truth in taxation meeting. If the City continues with this tradition, it should
be conducted at least two weeks prior to the required Truth in Taxation hearing. Opions for such
a meeting could be November 5th or 19th. November 12th is a City holiday. The City has also
historically included a condensed budget summary in Mounds View Matters prior this meeting.
Due to the time required to prepare the information, send it to a printer, have the information
printed and distributed, and allow residents at least several days to review prior to the meeting,
the budget should be finalized for the public hearing by October 8th to 22nd, depending upon the
subsequent dates selected.
The required Truth In Taxation hearing has to be held between November 29th and December
20th. School Districts and the County have priority for setting the dates for their meetings, so
there are several dates that are not available. Preliminary information indicates that we could
hold our hearing on either December 3rd or 10th. If the 3rd was selected, we could then select a
continuation hearing (if needed), and adoption hearing at the Council meeting on the 10th,
otherwise, a special Council meeting would need to be held to adopt the budget and levy.
The following is a proposed budget calendar. As we progress in the budget review process,
additional dates can be added as needed.
Proposed budget calendar
? City Council provides general guidelines for 2002 budget.
? City Council adopts resolution establishing a budget calendar.
? Departments submit proposed 2002 budget & LTFP to Finance.
? Staff review budgets & LTFP.
? Dept heads review budgets & LTFP.
? Council review of budget and LTFP:
September 10 Council adopts preliminary budget and maximum levy.
Sept 17 - Oct 15 Additional meetings as needed.
November 3 City distributes budget newsletter.
November 19 Council holds informational meeting on the 2002 budget & LTFP.
December 3 Truth in taxation hearing
December 10 Continuation hearing and adoption of 2002 budget, tax levy
and LTFP
Item No 5
Meeting Date: April 2nd, 2001
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Aaron Parrish, Economic Development Coordinator
Item Title/Subject: Mermaid Hotel and Banquet Center Development
Date of Report: March 27, 2001
Background
As Council is aware, plans are being finalized for a 70-room hotel and 500 person banquet
center on the Mermaid property. To finalize their development approvals, it is necessary to
obtain administrative approval on their planned unit development application, and to
finalize their plat. To finalize both of the aforementioned items, it is necessary to obtain a
small portion of property from Mounds View Business Park South currently owned by
Cabot Industrial Trust of Boston. The property in question involves a dry holding pond and
the southern access to the business park. Based on the plans submitted, this property will
be incorporated into the new development, and the business park’s access will be
relocated to the west adjacent to the Pettibone property. A map will be made available at
the meeting.
At this point, Cabot has agreed to sell the property to the Mermaid for approximately
$40,000. However, given Cabot’s large size and the amount of property involved, they
have been slow to finalize the transaction. Accordingly, it has been requested that the City
consider acquiring the property through eminent domain to facilitate construction in May.
While it is hoped and anticipated that the transaction can proceed independently of any city
action, it would be prudent at this point to ensure that there are no further delays. Building
plans have been submitted and are currently being reviewed. Additionally, a Development
Assistance Agreement for TIF assistance should be finalized for consideration in the near
future.
Necessary Actions
Direct staff regarding the acquisition of real property through eminent domain to
facilitate the Mermaid redevelopment.
______________________________________
Aaron Parrish, Economic Development Coordinator
(763) 717-4029
Item No. 7
Staff Report No.
Meeting Date: April 2, 2001
Type of Business: W.K.
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: Michael Ulrich, Director of Public Works
Item Title/Subject: Discussion of Hillview Park Shelter Replacement
Date of Report: August 29, 2018
Earlier this year, the City Council authorized staff to proceed with plans to replace the Hillview
Park Shelter. Architectural consultants from TKDA were contracted to provide preliminary
designs for the building. The Park and Recreation Commission were presented with three options
for the design and construction of the proposed building. Considerable time was spent discussing
the usage of the City’s park shelters, current amenities and future needs. The commission voted
to requests a building size with no net loss of usable space, which could be used for meetings of
various groups, the summer playground activities and as a warming house in the winter. Initially
a single, unisex restroom facility was requested for the shelter. Upon further comments from the
consultants, it was discovered that a unisex restroom does not meet the building code for a
shelter with this capacity. A variance of the code would be required from the Building Official.
Acknowledging this factor, the Commission voted to design the facility with separate male and
female restrooms.
Total construction cost estimates were provided for the three optional building designs and
construction materials. Estimates range from $188,000.00 for a wood frame building with no
picnic shelter, to $238,000.00 for a brick shelter with an attached picnic shelter. A straight block
building was approximately $10,000.00 less than brick with all options. It should be noted, that
these are construction estimates based on standardized construction costs and that the only true
way to obtain a specific project cost, is to prepare plans and specifications, advertise and seek
bids. The 2001-budgeted amount for this project is $100,000.00, which is significantly less than
is required for this shelter. In requested this amount of funding, staff sought estimates from
consultants for past shelters of this nature. Little success was obtained due to the specifics of the
building. Some of the facilities that had been constructed were beach houses, wayside rests and
combination buildings. Staff also had little success with contacts from surrounding communities.
Knowing the budget restraints of this project led to discussions of reducing the size of the
building, omitting the attached shelter and considering the least expensive method of
construction. The final decision was that if indeed additional funding would be appropriated for
this project, the building should be designed and constructed for optimum usage, maintenance
and longevity. Mentioned was the possibility of requesting a bond be issued to fund the
replacement of the two remaining shelters which are proposed in future years. The possibility
exists that a larger project may attract more bidders, which could subsequently produce more
competitive bids.
City of Mounds View Staff Report
August 29, 2018
Page 2
At this time, staff was directed by the Park and Recreation Commission, to present the
Commission’s recommendation of requesting additional funding to construct building Option C,
constructed in concrete block design for the Hillview shelter. The items discussed in the previous
paragraph regarding expanding the project to include the remaining shelters, funded through
bonding is also requested by the Commission.
Staff has included attachments to this report for Council’s review and seeks Council’s direction
in proceeding with the submittal of plans, specifications and bids for consideration.
_________________________________
Michael Ulrich, Director of Public Works
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