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Agenda Packets - 1986/04/07
CITY OF MOUNDS VIEW CITY COUNCIL AGENDA SESSION APRIL 7, 1986 7:00 P.M. 1. Presentation by Rollie Martin, Martin Financial Servi"o Regarding Flexible Spending Accounts 2. Consideration of Staff Memorandum Regarding Franchisir,g of Waste Haulers/Curbside Recycling 3. Consideration. of Staff Memorandum Regarding Administrative Offenses 4. Consideration of Memorandum from City Attorney Regarding Corporate vs. individual Intoxicating Liquor Licenses K. Consideration of Staff Memorandum Regarding Transfer of Loose -Ends On 10 Intoxicating Liquor License 6. Consideration of Staff Memorandum Regarding Employee Insurance Program 7. Consideration of Staff Memorandum Regarding Selection of Insurance Agent (Information to be provided Monday evening) 8. Consideration of Staff Memorandum kegard:ng Development Agreement for Self -Service Car Wash at 2135 Program Avenue 9. Consideration of Staff Memorandum Regarding Street Name Sigr.s 10. Consideration of Staff Memorandum Regarding Full -Time Temporary Water Department Employee 11. C�rsideration of Staff Memorandum Regarding Full -Time Temporary Sever Department Employee 12. Consideration of 1986 Storm water and Wetland Management Plan (3/17/86 packet) 13. Continued of Draft Economic Development Plan (handed out at 3/24/86 Council Meeting) 14. Consideration of Staff Memorandum Regarding 1985/86 Goals and Discussion of 1986 LTFP Capital Improvements 15. Consideration of Staff Memorandum Regarding Marcella Rybak Subdivision (Stanley Fisher Addition) �.r UNAPPhOLU PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 24, 1986 Mounds View City Hall 2401 Hwy, 10,Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called to order 1. Call to at 7:01 PM on March 24, 1986 by Mayor Linke. Order The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Haake, Hankner, 3. Roll Call Blanchard, Quick and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public works/Community Development Director Thatcher. Motion/Second: Hankner/Haake to approve the March 4. Approval of 10, 1986 minutes as presented. Minutes! 5 ayes 0 nays March 10, 1986 Motion Carried There were no residents requests or comments from 5. Residents the floor. Requests and Comments from the Floor Motion/Second: Blanchard/Quick to approve the 6. Approval of consent agenda, as presented, and waive the Consent Agenda reading of the resolutions. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley explained the proposed 7. Consideration resolution would establish payment for non -union of Relt. No. 1990 police officers for uniform expenses and he reviewed the proposed resolution. Councilmember Hankner questioned who the non-unioi fficers are and why uniformed officers would be Compensated in a different manner than plain clothes officers. Mnnods v+ew city Council e t , March 24, 1986 Regular Meeting V i r►� j 1 j a e y Page Two Clerk/Administrator Pauley explained there are four non -union officers, the chief, lieutenant and two sergant3. He added that the union contract calls for a casn payment at the beginning of the year, and the cost of the uniforms usually exceeds the allowance. The plain clothes officers have to purchase non- uniform articles, such as gun belts and so forth, and recommended they be reimbursed on a voucher basis. Motion/Seced: Quick/Hankner to approve Resolution No. 1990, establishing a uniform allowance for non- union police officers, and waive the reading. 5 ayes 0 nays Motion Carried Mayor i,inke closed the regular meeting and opened B. Public Hearing: OT the public hearing at 7:09 PM. Zoning of Land at Cnty. ty. Rd. Director Thatcher reviewed the plans for the RTC H and T.H. 10 park and ride facility at County Road H and T.H. 10. He explained the land does not have a zoning designation at this time, and the Planning Commission has reviewed it and determined the proper zoning would be a public facilities district. Director Thatcher read a letter the City had received from ' MnDOT today, recommending a commercial use of the property. Mayor Linke stated he was concerned with the existing mature trees on the site and hopes they can be preserved. Conncilmember Haake stated sna would like to see the area remain as open as possible. Cornciimember Blanchard stated the feelings of the Planning Commission were that this should be a public facility, to allow people access to Rice Creek. Mayor Linke dosed the public hearing and reopened the regular meeting at 7:16 PM. Mayor Linke closed the regular meeting and opened 9. Public Hearing: the next public hearing at 7:16 PM. Suspension and/or Revocation of Clerk/Administrator Pauley reviewed the situation Simon's Liquor of Simon's Liquors selling alcohol after hours and On -Sale Liquor to underage individuals. He stated Police chief License Ramacher has met with Mr. Simon and advised him of the situation. He added that the employee involved in the violations is still employed there, and Mr. Simon is aware of the seriousness of the situation. Mound, `.'icw City Council March 24, 1986 Regular Meeting------------� Page Three ----------------------------------------------------------- Councilmember Hanxner asked what guarantee there would be that the same employee does not continue to sell to minors. Clerk/Administrator Pauley replied they would have to rely o.i Mr. Simon to control the situation. There was discussion among the Council of the appropriate length of time to close down Mr. Simon's operation. Mayor Links closed the public hearing and reopened the regular meeting at 7:22 PM. Motion/Second: Blanchard/nankner to suspend the liquor license of Simon's Liquors for seven business days, starting at 12:01 AM on Friday, March 28, 1986 through 12:00 PM on Friday, April 4, 1986. 5 ayes 0 nays Director Thatcher reviewed the bids received for chlorine equipment for water treatment plant No. 1. Motion/Second: Haake/Quick to approve the purchase of chlorine equipment from Layne Minnesota Co. in the amount of $5,031.00. 5 ayes 0 nays Clerk/Administrator Pauley reviewed the March 2u, 1986 memo from Energy Coordinator Rita Docken, asking for the Council's endorsement of the goal statement for disbursement of the Exxon Oil over- charge money. Motion/Second: Hankner/Haake to approve Council enen oorsement of the goal statement for disbursement of the Exxon Oil overcharge money. 5 ayes 0 nays Motion Second: Quick/Blanchard to approve the first rea ing of urdinance No. 406, amending the Municipal Code of Mounds View by amending Chapter 41 entitled "Specific Rezonings", and waive the :ending. Motion Carried 10. Consideration of Staff Memo Regarding Chlorine Equipme for Water Treatment Plant No. 1 Motion Carried 11. Consideratior. of Staff Memo Regarding Exxon Oil Overcharge Monies Motion Carried 12. 1st Reading of Ord. No. 406 5 ayes 0 nays Motion Carried UNAPPROVED Mounds View City Council March 24, 1986 Regular Meeting Page Four ------------------------------------------------------------ Director Thatcher reviewed the history 13. Consideration of the Gale/Yost property and stated of Rslt. No. that the City has not yet been reimbursed 1980 for their costs, and recommended assessing the costs to the property. Motion/Second: Quick/Hankner to approve Resolution No. 1980. assessing the City's cost of preparing plans and specifications and bidding the proiect twice for Public Improve- ment No. 84-5 for property known as the Gale/ Yost Addition, and waive the reading. 5 ayes 0 nays Uirector Thatcher had no report. Attorney Meyers had no report. Motion Carried 14 Report of Public Works/ Community Dvlpt. Dir. 15. Report of Attorney Councilmember Haake expressed concern 16. Report of in the lack of interest by the citizens Council- ir, attending agenda sessions and the fact members that sc much discussion goes on at them that the public is then not aware of. She suggested possibly combining the agenda sessions into the regular meetings, which are better attenc'ed and have formal minutes taken. Councilmember Fiaake also asked for the status and outcome of the City's neeting with MAC the previous week. Mayor Linke stated the City was successful in meeting with MAC and getting them to agree to consider moving the north/scuth runway 2,500 feet to the north and removing an equal amount of existing pavement from the south end. He stated it is contingent upon the environmental impact statement (EIS), and the City's acceptance of that. He added that the City has since requested they amend the EIS to look at moving the runway 2500' to the north. Attorney Meyers stated they have approached MAC on the segmented EIS issue in the past, and the City has consultants prepared to study MAC's proposal, once it is received. He added it is not necessary to do the entire Master Fian over. 1 0 IRMLO !IM,.AKI Mounds View City Council March 24, 1986 Regular Meeting Page Five ------------------------------------------------------------ Councilmember Hankner stated they must first determine whether a movement of 2500' would have any adverse affect on the City, which they should be able to determine through the EIS. Alice Frits asked when the meeting with MAC was held, how long it lasted, and what will happen with the run- way that is torn up. Councilmember Hankner replied the meeting was an executive session, attended by the previously appointed members of the Council. She added the City does not know yet what MAC will be doing with the run- way pavement that is torn up. Mayor Linke stated the meeting was held on March 13 at the State Capital, and lasted approximately one hour. Duane McCarty stated many meetings were held before the lawsuit with MAC, but that no progress was made at that time. Mayor Links read a letter the City had sent requesting the EIS amendment. Councilmember Hankner stated she also does not like the format of the agenda sessions, in that the puboic does not attend them and then is not informed. Sha stated she would prefer having regular meetings throughout the month rnd foregoing the age.ida sessions. Mayor Linke states he feels the agenda sessions serve a purpose, and he has had input from citizens, stating they prefer to deal with the Council on a more informal basis at agenda ;sessions, rather than at the formal meetings. Councilmember Haake stated she could agree that many people are more comfortable in talking to the Council at agenda sessions, but the public in general does not turn out for them. She added she has no problem with the regular meetings lasting until 11 PM or midnight, if necessary, to cover all the business. Mayor Linke asked that the people who are last on the agenda be remembered, as they do not want to wait until after midnight to be heard, and the Council is not fresh at that late hour. Councilmember Hankner suggested onsidering going to four regular meetings a month, which should alleviate the late hour yet still allow the citizens to be informed. Councilmember Haake stated she agreed that the solution may be to �n four ren^'• -p etings per rr, 'h. Mnunim view City co„ncii UNAPPROU Q, i9e6 Regular Meeting Page Six ------------------------------------------------------------ Clerk-Administrator Pauley stated he does not feel discussions that occur after 11 PM accomplish what they should. He explained the difference between a City Manager form of government and Administrator form, which is why some cities meet only once a month. He pointed out, though, that those meetings often last until 2 AM. He stated that approximately 751 of the business on the Mounds View agenda would be eliminated if the City had a Manager form of government. Councilmember Blanchard stated she could reember sitting in the audience at Council meetings until 1 or 2 in the morning, which she does not what to see again. She pointed out the meetings are scheduled and the public is aware of them. She also added that if the Council cannot be heard at the agenda sessions, the citizens should speak up and ask the Council to speak up. She also stated she feels it is good to do the consent agenda and housekeeping items before the regular meeting, and that any item can be pulled for discussion at anv time. Councilmember Blanchard stated she does not feel the citizens want to sit in the Council chambers until 1 or 2 in the morning, and the City conducts public hearings and notices are sent out and items are publicized in the newspaper, so the citizens can know what is going on and it is their decision whether they want to attend the meetings. She added she does not feel the agenda sessions are cuttii,g off information to the people. It was agreed that the Council would discuss the issue further at the next agenda session and look at the options ax,ailable. Councilmember Hankner expressed displeasure dr. the tdCt the locks were cnanged at City Hall the previous Friday, and she was rot informed and had a difficult time tracking Gown a key to get into the builring to got her Council packet. She asked the Staff try to make sure everyone is informed of changes such as that, to alleviate problems in the future. Councilmember Blanchard reported the Fire Department is looking for daytime volunteer fire fighters. Councilmember Quick had no report. Mayor Links reported he attanded "Chalkboard Capers"', presented by District 1621 teachers, and had found it to be a very entertaining production. Mayor Links reminded everyone of the City Appreciation Dinner, scheduled for April 19 at the Bel Rae Ballroom. Mounds Regular ------------------- view City Meeting CouncilUINIPPROVED -----'--'------------- ------------------------------ March Pe^e 14, 19Ub Seven Lynn Foss of Foss Sweeping, asked for a clarifica- tion of why the street sweeping bid was awarded to someone else. He stated it was his understanding that his bid was low when they were opened. Director Thatcher explained that when the City opened the bids, none of the bidders met the requirement to provide a bid bona along with the bid, so all bids were rejected, and he called the two lowest bidders, of which Mr. Foss was one, and they both then provided it. Subsequently, the City received quotes from both the parties involved, which were lower than their original bids, and American Sweepers, Inc. was the lowest quote received. Mr. Foss stated he does not feel the bond should be required until the work is being done, and he expressed dissatisfaction that he was not awarded the bid. Councilmember Hankner stated the bidders all should have been informed that the item was going to be discussed at the March 17 agenda session. CCouncilmember Haake stated they have not done a good job of notifying people when certain items are up for discussion informally at an agenda session, and that while Staff has only operated in the direction the Council has had them in the past, it should be locked at ncw. Clerk/Administrator Pauley stated that KAC's capital 11. Report of improvement plan is going before the Systems Committee Clerk/ o: the Met Council on March 25. Administrator Clerk/Administrator Pauley passed out draft copies of the Econcmic Development Plan to the Council, and stated it would be placed on the April 7 agenda session, at which time he would like feedback from the Council. Clerk/Administrdtor Pauley passed uut plvFvsdd Resolut-n. No. 1994, for the 1987 long term financial plan and budget calendar, and asked Council's approval. Mayor Linke stated he would like the employee reviews dcne before the Council discusses salaries during the budget process. ' 'lerk/Administrator Pauley explained how the system is set up presently and recommended possibly going to two reviews per year, as it is important to do the review as close as possible to the financial compeneetio n. Regular Mew City Council JNAPPROVED Requler Mooting March 24, 1988 _-__ Paae Eiaht ---------------------- ------- Notion/Second: Quick/Hawke to adopt Resolution No. 1 , setting the 1987 Long Term Financial Plan and Buaget Calendar, and waive the reading. 3 a}•as 0 nays Mavor Linke adjourned the meeting at 8:35 PM Respectfully submitted, Donald r. Pauley Clerk/Administrator Motion Carried 18. Adjournment TO: Clerk Administrator/Mayor and City Council Oftk FROM: Energy Coordinator/Solid Waste Coordinator DATE: April 3, 1986 RE: Garbage Hauling Contract and Curbside Recycling Contract Attached are two separate documents regarding solid waste col- lection and curbside recycling in the City of Mounds View. DESCRIPTION OF GARBAGE AND RUBBISH CONTRACT The first document, "Contract and Specifications fcr Collection and Disoosal of Garbage and Rubbish in the City of Mounds View," includes specifications for contracting with one hauler in the City. As outlined in my January 30, 1986 memo oresented at the February 3, 1986 Council Agenda Session, organized refuse col- lection aenerally reduces collection costs by 25-33%. Organized collection also reduces street traffic due to the elimination of route redundancies. This particular contract also provides the City of Mounds View with a recycling drop off center. The contract requires a Performance Bond of $100,000 to cover program performance in the event of contractor's inability to fulfill the requirements outlined in the contract. (Section 3, Fa:agraph b) It also reauires the contractor to provide a General Clean -lip service twice Der year, once in May and once in September. (Sec- tion 4, Paragraph o) A drop off center shall be furnished and serviced by the contractor with proceeds returning to the City for :ont.inuina support of its recycling efforts, Quantities of materials delivered to each recycler shall be reported to the City on a monthly basis. (Section 4, Paragraph p) The contract also provides servicing at no cost of City -owned sites, including City Hall and the Public Works building. (Sec- tion 4, Paragraph g) The contract's term is two years, with a review of expenses at the end of one year to make any necessary adjustments due to changes in the Consumer Price Index or changes in current land- fill Laxes. (Section 4, Paragraphs h and m) DESCRIPTION OF CURBSIDE RECYCLING CONTRACT The curbside recycling (rogram includes the following categories to be picked up by the contractor: glass, cans, non -glossy office paper. newsprint, corrutated paper, automotile tires and auto- mobile batteries. (Section 1) CLERV-ADMINISTRATOR/MAYOR AND COUNCIL r na TT 7, 19R6 PAGE TWO A performance bond of 100% of the 12-month base bid contract amount shall be posted by the contractor to assure that suffi- cient money is available to carry out the terms of this contract if the contractor fails to fulfill the provisions of the contract. (Section 10.1) The contractor shall assist the City in promoting the recycling program in Mounds View (Section 5.2) and shall provide a written report to the City summarizing the quantity of materials recycled. iSection ii CURRENT TRENDS 10 Despite the lower cost, few cities in the metro region, currently contract with a single hauler to handle their solid waste col- lection and disposal. This trend, however, seems to be changing as more cities realize that a single contractor reduces road wear, decreases street traffic, assures compliance by all residents, and saves money and energy. Many cities in the area successfully operate drop off centers -- Champlin, Columbia Heights and Fridley, for examole. Most use volunteers who receive part of the profits collected from the recyclables. The curbside recycling programs have not always been as success- ful as anticipated. Despite the convenience and higher participa- tion rate, the added costs of the curbside pick-up service are gener&lly not cost effective. RECOMMENDATIONS Staff recohunends that the City council proceed with the necessary steps to contract with a qualified hauler for th-_ collection and disposal of garbage and rubbish in the City of Mounds View, with. a Frovinion for the establishment, operation and maintenance of a recycling drop aff center. Staff also recommends that the Curbside Recycling Contract not be pursued at this time. Tt would be more positive for our recycling effort to expand from a drop off center to a curbside recycling service than to offer the curbside service initially. The drop off center should be given the chance to operate before expansion efforts are considered. 0 00, CONTRACT AND SPECIFICATIONS FOR COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH IN THE CITY OF MOUNDS VIEW, MINNESOTA 1986 CITY OF MOUNDS VIEW CONTRACT AND SPECIFICATIONS FOR COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH MOUNDS VIEW, MINNESOTA INDEX TO SPECIFICATIONS PAGF SECTION NO. ITEM NO. SECTION A - SPECIFICATIONS 1. Definitions and Terms. . . . . . . . . . . 1 2. Proposal Requirements . . . . . . . . . . 2-4 3. General Conditions . . . . . . . . . 4-8 4. Scope of the Work and Contract . . . . . . 8-17 SECTION B - BID SECTION Call for Bids . . . . . . . . . . . . . . . 18 Agreement . . . . . . . . . . . . . . . . .19-20 Contract . . . . . . . . . . . . . . . . . 21 Work History Statement . . . . . . . . . .22-25 Bid Sheet . . . . . . . . . . . . . . . . . 26 -1- SPECIFICATIONS FOR THE COLLECTION AND DISPOSAL OF GARBAGE, COMBUSTIBLE. AND NON-COMBUSTIBLE RUBBISH IN THE CITY OF MOUNDS VIEW, MINNESOTA 1. DEFINITIONS AND TERMS a. C. "I shall mean the City of Mounds View, Minnesota; City Council shall mean the City Council of the City of Mounds View; Clerk -Administrator shall mean the Clerk -Administrator of the City of Mounds View or his authorized representative; Code shall mean the Mounds View City Code. b. Contractor shall mean any person, or the agent or employee thereof, with whom the City of Mounds View may contract to collect and dispose of garbage, combustible and non-combustible rubbish. c. Dwelling Unit shall mean a residential accommoda- tion including complete kitchen facilities, permanently installed, which is arranged, designed, used or intended for use exclusively as living quarters for one (1) family and not more than an aggregate of two (2) roomers or boarders and has a separate entrance. d. Garbage shall mean crganic refuse resulting from handling, preparation, cooking and consumption of food, including the cans, containers or wrappers wasted along with such material; and decayed and spoiled foods from any source. e. Rubbish nhall mean all wastes which would normally result from the operation of a household except body wastes and garbage, including, but not lim'.ted to: Christmas trees Animal wastes of household pets Ashes Dirt Rocks Household construction materials (not contractor materials) Cement hri._kq Sod Tree trimmings Car parts (no tires) The term "rubbish' shall not include constriction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors or trees or tree parts in excess of eighteen (18) inches in diameter or in lengths in excess of three (3) feet. It is understood that all of the above items assume being reasonable quantities and properly bagged and/or tied. 6C 2. PROPOSAL REQUIREMENTS a. Proposal Forms Sealed bids will be received by the City of Mounds :'iew, Minnesota, in accordance with the "Call for Bids" and subject to all provisions contained in this bid document including the Specifications. Special conditions or instructions in the Specifi- cations shall take precedence over the General "'ondittons. b. Submission of Bids (1; Bids shall be submitted on the printed blanks provided for that purpose and bound herewith and must be signed. Bid forms are to be completely filled out and shall not be detached from this binding. Removal of zny part thereof may invalidate the bid. (2) Bids by partnership should include the names of the partners composing the partne-ship and must be signed by one or more of the partners in the following manner: "John Jones and James Smith, d/b/a Smith -Jones Company, by John partner." (3) Each bid shall be sealed and addressed to the City of Mounds View, Minnesota, and shall bear on its face the name of the bidder, time and date of the bid opening, and the subject cf the hid. I4) Bids received after the time specified in the advertisement will not be considered. (5) Erasures or corrections may invalidate a bid unless properly noted over the signature of the bidder. (61 More than one proposal from an individual, firm or co -partnership, a corporation or association under the same or different names, will not be considered. Reasonable grounds for believing thaL any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is cause for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in this or future proposals. -3- 2. MROPOSAL REQUIREMENTS (continued) (7) The bidder shall specify in his bid a total monthly bid price per dwelling unit for which he agrees to perform the collection and disposal service herein specified and as provided in the contract, during the calendar month teginrinq on the effective date stipulated in the contract and endinq three (3) years from the date thereof. Adjustments to the total monthly bid price shall be made pursuart to Paragraph (n) of Section a herein. Surety Bid bond: Each bid must be accompanied by a bid bond, deposit or certified check, or bank cashier's check, drawn on a solvent bank, payable to the City of Mounds View, Minnesota in the amount of 51 of the total amount of the bid for the three year term of the contract as a guarantee that, if the bid is accepted, a contract will be entered into and the performance of the same properly secured. The City will determine the sufficiency of the surety. Bid bonds, checks or cash will be returned to bidders within a reasonable time when the Clerk -Administra- tor or his authorized representative determines the surety is no lonqer required. Rejection of Bids The City Council reserves the right to waive infor- malities, to reject any or all bids, or to accept an', bid which may oe deemed to be for the best interest of the City. withcrawal of Bids NO bid may be withdrawn after the scheduled time for opening of the bids. f. interpretation of Bid Document If any person contemplatiny submitting a bid is in doubt as to the true maa,,iny cf the Specifications, he may submit to the Clerk -Administrator a written request for interpretation thereof. Any interpre- tation of the proposed Specifications will be mad only by written addenda issued by the Clerk -Adminis- trator, and a copy of such addenda will be mailed to each person receiving a set of Specifications. The Clerk -Administrator will not be responsible for any ct cr cxPlsnations of the Specifications. -4- 2. PROPOSAL REQUIREMENTS (continued) g. Specifications Unless otherwise stated by the bidder, the proposal wiil he considered as being in strict accordance with the Specifications outlined in the hid document. h. Opening of Bids At the time and on the date specified in the adver- tisement for receipt of bids, all bids will be opened and publicly read. i. Forms to be included with proposal: (1) Non -Collusion Affidavit (2) Quotation Sheet (3) Work History Statement j. If you have any questions regarding the Specifica- tions or bidding process, please. contact Rita Docken, Solid Waste Coordinator, 784-3055. t 3. GENFRAL CONDITIONS a. Qualifications of Bidders No award will be made to any bidder who cannot give satisfactory assurance as to his ability to carry out the contract both from his financial rating and by reason of his previous experience and performance of work of the nature contemplated in the contract. The bidder may be required to submit his record of work of a similar nature to that proposed under these specificatons. unfamiliarity with the type of work may be sufficient cause for rejection of bids. h. Performance Bond The successful bidder shall, before entering into a contract, deposit and maintain with the City during the two year term of the contract a good and sufficient corporate surety bond satisfactory to the City Council in the principal sum of $100,000. Such bond is to be conditioned upon the faithful performance of the contract. If no surety bond is filed as herein provided, the bidder's bid bond ^.al'. tie forfeited to the Citv immediately. -5- 3. GENERAL CONDITIONS (continued) b. (continued) The Contract is to begin work no later than Insurance Certificates of Insurance indicating that the Insurance required in these specifications is in force for the term of the contract shall be filed with the City before entering into a contract. The Contractor shall asssume all responsibiity and shall hold harmless and indemnify the City for any and all damages to property or injuries to persons, including accidental death, which may be caused by the Contractor's performance of the contract, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him, and whether such damages accrue or are discovered before or after termination of the contract. The Contractor shall take out and maintain during the term of the contract such public liability and property damage and automobile insurance as shall protect him and the City from clai.ns for such damages, in the following amounts: Public Liability -$500,000 each person; 500,000 each occurrence; Property Damage -$100,000 each occurrence; 200,000 aggregate Auto Liability -$500,000 each parson bodill injured; 500,000 each accident Other Property Damage -$100,000 each accident The Contractor shall at all times keep fully insured, at his own exper•.e, all persons employed by him in connection with the performance of the contract as required by the laws of the State of Minnesota relating to Worker's Compensation insurance and shall hold the City free and harmless from all liability from any cause that may arise by reason of injuries to any employee of the Contractor who may be injured while performing work or labor necessary to carry out the provisions of the contract. Qfl 3. GENERAL CONDITIONS (continued) d. Lnfringements and Indemnifications The bidder, if awarded the contract, agrees to protect, defend and save the City harmless against any demand for payment for the use of any patented material, process, article, or device that may enter into the manufacture, construction or form a part of the work covered by the contract and the bidder further agrees to indemnify and save the City harmless from suits or actions of every nature and description brought against it, for or on account of any injuries or damages received or sustained by a party or parties, by ur from any of the acts of the Contractor, his employees or agents. No member of the City Council or the Clerk-Adminis- tratcr or any other official or authorized assistant, employee or agent of the City shall be personally responsible for any liability arising under the contrac_. e. Defaults The breach of any of the terms and conditions of the contract on the part of the Contractor shall be grounds for the cancellation of the contract. The City, upon such termination, shall have the right to contract with other parties to perform the wo k, or to perform said work without contract, and in either case the Citv shall hold the Contractor and his surety liable for any excess cost for performing rush work over the cost to the City if the initial. contractor had continued to perform in the manner anticipated at the time the contract was awarded. Termination of the contract as herein provided shall not terminate, suspend, or affect the liability of the surety upon the bond. Failure to comply with the terms of these specifica- tions relative to the collection and disposal of garbage and rubbish on the part of the Contractor by reason of major disaster, epidemic, or other extreme emergency within the City shall not constitute a breach of the contract. -7- 3. GENERAL CONDITIONS (continued) f. Award of Contract A contract shall be awarded to the lowest responsible bidder as soon as practical after the openinq of the bids, and the bidder to whom award is made shall enter into a written contract with the City of Mounds View within ten (10) days of the notification of the award. q. Permits and Licenses The Contractor shall obtain all permits and licenses required by the City, County and State. ft. Subletting or Assignment of Contract No assignment or subletting of this contract, all or in part, will be permitted without authorization of the City. The Contractor alone will be held responsible for full and faithful performance of the contract. i. Contractor to Make Examination (1) The Contractor shall make his/her own examina- tion, investigation, and research regarding the proper method of doing the work, and all conditions affecting the work to be done and the labor, equipment, and materials neeaed thereon, and the quantity of work to be performed. (2) The Contractor agrees that he/she has satisfied himself/herself by his/her own investigation and research ell such conditions, and that his/her conclusion to enter into the proposed contract is based upon such investigation and research. (3) The Contractor shall make no claim against the City because of any of the estimates, statements, or interpretations made by any official, officer, or agent of the City that may prove to be in any respect erroneous. (4) The Contractor so assumes the risk of all conditions, foreseen and unforeseen, and agrees to complete the work without additional compensation under whatever circumstances which may develop other than is herein provided. -8- j. Contract txtension The Contractor further agrees that this contract shall remain in force for a period of twenty-four (24) months from , 1986, and shall continue in force during such specified period and thereafter be subject to renewal for the next twelve (12) months, with review of rates each year, at the option of the City. 4. SCOPE OF THE WORK AND CONTRACT The work to be done under these specifications shall include the furnishing of all labor, material equipment and expense necessary to perform the following services for the City of Mounds View: collection of garbage and rubbish from all single, two-family, four family, end six family dwelling units within the City. The work shall be done under the direction and to the safisfaction of the Clerk -Administrator of his authorized representative. (a) Weekly Collection The collection of garbage and rubbish as defined shall be confined to Monday, Tuesday, Wednesday, Thursday and Friday and to the hours between 6:30 A.M. and 5:00 P.M. on any collection day. Saturday collection shall be allowed in any week in which New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving or Christmas Day are observed on the aforementioned work days. On the basis of collection once weekly, not over eight (8) days nor less than five (5) days shall elapse between one collection and the next, and not less than, one collection shall be made in each calendar week. Routes of collection will he as selected by the Contractor and approved by the Clerk -Administrator and so arranged that collections will be made on the same day of each succeeding week, and further, the Contractor shall travel said route in the same direction and manner each collection day. If the collection day falls on the observance of New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day or Christmas Day, the Contractor may elect to collect the garbage or rubbish on the aforementioned holidays or he may elect to collect the garbage or rubbish on the day after the holidays provided in all instances, however, that the Contractor's holiday collection schedule is specifically stated in the published collection schedule compiled by the Contractor, approved by the Clerk -Administrator and published as hereinafter provided. -9- The Contractor shall provide sufficient personnel and equipment to complete within one day the collection of all garbage and combustible and non- combustible rubbish put out for collection in any established collection district within the City on any given collection day. (b) Containers All garbage shall be deposited for collection by property owners and tenants in rust -resistant, water -tight, nonabsorbent and easily washable containers which are equipped with a hail or handles and covered with close -fitting lids, and shall not exceed thirty-two (32) gallons in capacity. Plastic bags may be used. Containers shall be furnished by the customers. (c) Vehicles All trucks, trailers and other conveyances or equipment used to collect, haul, or transport garbage or rubbish shall at all times be kept clean, in gnod repair, and well -painted, to the satisfac- tion of the Clerk -Administrator or his authorized representative. All garbage shall be transported or conveyed by means of vehicles equipped with watertight bodies fitted with metal covers so that the transportation or conveyance of garbage shall not constitute a nuisance. Garbage shall be conveyed so that none shall leak, drop or spill. Should any garbage be dropped or spilled in co' _lecting or transporting, it shall be immediately cleared up. A broom and shovel shall be carried on each truck at all times for this purpose. Each truck shall be constructed and used so that rubbish or garbage will not blow, fall or leak out of the truck into the street. The Cortractor shall use mechanical pac:.er trucks so constructed. The Contractor's name or firm name, together with his phone number, shall be printed or painted in legible letters, not less than five (5) inches in height, on both sides and rear or dll trucks and conveyances used in the City in performance of the contract. Should the Clerk -Administrator, or his authorized representative, give notification in writing to the Contractur that any designated truck, trailer or other conveyance is not in compliance with the Clerk -Administrator's standards hereunder, such conveyance shall be forthwith removed from service by the Contractor and not again so used hereunder until inspected and approved in writing by the Clerk -Administrator or his authorized representative -10- (c) Vehicles (continued) All vehicles and equipment used in the collection of garbage under these specifications shall be kept in clean, sanitary quarters when not in use in collection of garbage. (d) Care of Containers All containers shall be replaced where found. Containers and lids shall not be placed or thrown on the streets, highways or on adjoining property. The Contractor, his agents, or employees shall not throw garbage or rubbish containers from the truck to the pavement, or in any other way break or damage or roughly handle the same. The City reserves the right to withhold compensation under the contract until any claim or damage for broken garbage or rubbish containers has been paid for or adjusted with the owner of such container. All claims for damaqe by reason of the misuse or rough handling of such containers by the Contractor . shall be presented to the Contractor and a copy th3reef fil?d with the Clerk -Administrator. (a) Route and Changes The Contractor shall prepare and file with the Clerk -Administrator, prior to the commcncement of this contract, a collection schedule together with a complete map in triplicate of the several garbage and ribSish collection districts within the City. He shall indicate thereon in an appropriate and easily understandable manner the days on which collection should be made throughout there districts. This schedule shall be subject to the approval of the Clerk -Administrator. The collection schedule, when appr^wed by the Clerk - Administrator, shall be maintained unless a change therein is first approved by the Clerk -Administrator and notice the:eof given as hereinafter provided. The Contractor shall, at his own expense, by written notice with postage prepaid and forwarded through the United States mail, notify the occupant of each single, two, four and six family dwelling unit within the several collection districts of the day or days of the week on which garbage or rubbish shall be collected. -11- (e) Routes and Changes (continued) I\ The notice shall contain a map or sketch delineating the boundaries of each district, the day or days of the week upon which collections will be made, and the name, address and phone number of the Contractor and other information deemed necessary by the Clerk - Administrator. Said notice shall be mailed prior to the beginning of collection under this contract. The Contractor shall also cause a collection schedule to be published once in the official newspaper of the City prior to beginning collection under this contract. The Contractor shall also publish the collection schedule in the official newspaper of the City in January of each year of this contract. This published schedule shall contain the same information as the written notice outlined above. Thereafter, before any change in the collection schedule is ;lade by the Contractor he shall provide the Clerk -Administrator with a proposed revised collection schedule, together with a new map in triplicate as aforesaid. No such change may be affected unless approved by the Clerk - Administrator and until ten (10) days after mailing of notices by the Contractor advising residents within the district of the change. Such notice shall be similar to and include all items required to to included in the original notice. (f) Disposal The Contractor shall remove from the City all garbage and rubbish collected each day and shall dispose of the same outside the City by Ramsey County. Following completion of the Ramsey County/ County/Northern States Power Company RDF plant, all garbage shall be delivered to said plant for processing. (g) Combined Collection of Garbage and Rubbish The Contractor may, at his option, collect and transport garbage and combustible rubbish in one vehicle. However, such option may only be exercised by the Contractor and shall comply with all related City and County ordinances and all conditions and limitations in any permits or licenses under which the Contractor operates. Before exercising this option, the Contractor must have vehicles available at all times that will comply with the requirements hereof for the trans- portation of garbage and the Contractor shall dispose of the combined garbage and rubbish at a place legally authorized to accept garbage and rubbish for disposal. -12- (h) Term and Exclusiveness of Contract The Contractor shall have the exclusive duty, right and privilege to collect and dispose of all garbage and rubbish from all single, two-family, four -family and six -family dwelling units within tKe City for a period of two (2) years, ending December 31, The Contractor agrees to perform all work described above without any further compensation from any individuals living within the City or producing such rubb::;h and garbage within said City, except as herein provided. The exclusive provisions hereof shall not preclude any person, firm, or corporation within said City who requires daily or other service in excess of the service herein provided, insofar as it pertains to the collection of garbage and rubbish, from entering into a contract separate and distinct from the contract herein provided, either with the Contractor awarded this contract within the City or with some other person, firm or corporation licensed by the City for such service. All garbage and rubbish collected by the Contractor ' shall be and become his property from and after the time of such collection, except as provided in these specificatins. (i) Legal Requirements The Contractor snail at ali times comply with all provisions of the Mounds View City ordinances and amendments thereto, relative to the collection, transportation and disposition of garbage and rubbish and such other ordinances or amendments as the City Council may enact relative to the collection, transportation and disposal of garbage and rubbish and shall comply with all regulations and laws of the County of Ramsey and the State of Minnesota now in effect or hereinafter enacted. (j) Personnel All employees shall be of good character and no personnel shall continue to be employed on any work under these specifications who is found to be troublesome, disorderly or otherwise objectionable as determined by the Clerk -Administrator or his authorized representative. -13- ,0011 (k) office for Inquiries and Complaints The Contractor shall maintain an office at some fixed place and shall maintain a telephone therein, listed in the local telephone directory in his own name or in the firm name by which he is most commonly known, and shall at all times during the hours between 8:00 A.M. ar,d 5:00 P.M. on each day that garbage or rubbish is collected, have an employee at said office for the answering of inquiries and by whom complaints may be received from property owners and tenants within the City. The telephone of the Contractor shall be or a toll free number. The Contractor shall maintain a written log of all such complaints, the date thereof and the action taken pursuant thereto or the reason for non -action. Such log of complaints shall be open to the inspection of the Clerk -Administrator or his authorized representative. (1) Method of Payment Lo Contractor The City will act as billing and collection agent for the contractor. Payment to the Contractor will be made monthly based upon the number of dwelling units of record in the City's billing for the corresponding month being paid. The contractor shall further itemize the monthly billing to the Citv to show the cost of municipal pickup pursuant to Section 4, paragraph (q) of this document. !m) Adjustment of the Total Monthly Bid Pr`ce Adjustments oc the total monthly bid price may be made subject to the following provisions: (1) original bid prices shall be firm for the first twelve (12) months of the contract. -14 (2) The total monthly bid price of the contract shall be reviewed annually at least 90 days prior to the anniversary date by each party. The amount to be paid in the subsequent year shall be derived from the existing bid price and applying: (a) Increase (decrease) as of September for the last twelve (12) month period as reported by the published Minneapolis - St. Paul Consumer Price Index, for Urban Consumers, all items. (b) Increase (decrease) in the most recent twelve (12) month period of taxes levied by State, County, or City government for refuse disposal. (3) The City reserves the r_ght to have a qualified third party evaluate the Contractor's operating cost records and issue an opinion relative to the justification for cost increases. (4) The negotiation of adjustments to the total monthly bid price shall be scheduled and completed sixty (60) days prior to the anniversary date. (5) If either party refuses said adjustment, the contract shall terminate on the annual nnniver.,ary date. (6) Adjustments to the total monthly biG price will be effective on the nexL following a:in versary date. n) Poi,it of Collection Collection is currently permitted at the house although many residents place all of their items at the curb. The current service is as follows: Household Garbage: An unlimited number of cans or bags will be picked up if placed at the front corner of the house or garage. Other: Boxes or bags from garage or basement cleanup, old clothes, toys, small furniture , small appliances, old paint cans, etc. will be picked up on the same day as the regular garbage if placed at the curb. -15- The bid proposal form asks for alternative bids 005k, for house pickup, i.e., continudtiuo of the present service, and all curb pickup. Based upon the bids, the City Council will evaluate the service levels and award the bid based upon the City Council's desired service level. For curb pickup, the Contractor will provide pickup at the house for up to twenty (20) residents due to a physical disability of the occupant at no additional charge to the City; over 20, the additional cost per residence should be noted on the quotation form. (o) General Cleanup General clean-up of all types of items to include furniture, appliances, etc., shall be conducted twice per year during the second full week of May and the fourth full week of September. (p) Recycling Station (1) the City wishes to establish a recycling program in an area to be secured but accessible to the general public during specified hours each week. Supervision for the site shall be by a local civic organization which is mutually acceptable to the City and Contractor; or if a suitable local civic organization is not identified the site shall be supervised by the Contractor. Site supervisors shall have the responsibility t,) verify the residence of the persons using the roll -off boxes and containers wnich are beinq placed in the area by the contractor. (2) It shall be the res,)onsibiiity of the City to provide a secured area at least 60 feet by 70 feet. The Contractor shall construct the necessary security fencing, gate, and permanent dock/stairs allowing access to the containers. (3) It shall be the responsibility of the Contractor to furnish at least three (3) roll - off containers of approximately 30 cubic yards each for the collection of glass, newspapers, meta. and appliances. The Contractor shall also furnish two 1-yard containers for aluminum cans and shall furnish one 2-yard container for non -recyclable materiel^.. All containers shall be properly designated and signed by the Contractor as to the purpose of each such container and as to the restrictions as to the kinds of items to be placed in each. -16- (4) The Contractor and the desionated local civic organization shall keep the yard open and ' staffed for collection of recyclable materials on such days and times mutually agreeable to the City, Contractor and designated civic organization. Said days and times of operation shall be renegotiated to establish more reasonable hours of collection based on experience gained after operating the station for a period of time. (5) The City and Contractor shall share equally in the cost of any promotional programs for the statior. No program or expenditure to promote the station shall be made without the express approval of the City and Contractor. (6) As previously stated; the Contractor shall furnish separate containers for the collection of newspapers, cardboard, glass bottles, with all metal removed, aluminum cans, appliances, and non -aluminum metal. A depository for used motor oil shall be furnished by the City. Contractor shall collect and replace containers as they reach full capacity. Contractor shall collect all non -recyclable items on a scheduled pickup to be determined by need between the ' Contractor and the City. (7) Contractor shall issue notices to all homeowners and users of the service whenever recyclable items are placed at the curb. (a) The notice shall be signao by an employee of the Contractor and shall be given to a homeowner if the nomeowner is present at the residence. if the homeowner is not present at the residence, the notice shall be placed on the dwelling at a conspicuous place and shall indicate where the recyclable item may be taken and indicate the City telephone number. (8) Any civic organization which operates the recycling station must provide insurance coverage for its members and public liability insuranre in amount_= and .n a form satisfactoty to the City. (9) Contractor shall determine, subject to the approval of the City, where all recyclable materials will be taken. While rates vary at different recyclable material handling centers, ' handling costs must oe considered as genuinely -17- material as to the selection of the recycling material handler. The City will consider advantages to the hauler as well as the civic organization and the City in determining whether or not to approve a handler selected by the Contractor. (10) City shall receive all monies paid under this addendum directly from the recyclable material handler. Contractor shall be responsible for directing the recyclable material handler to forward all monies paid under this addendum to the City. Documentation such as weigh tickets and pay-off slips will be kept on file at Contractor's place of business for inspection and review by the City and any civic organization involved. Additionally, Contractor shall supply to the City on the 15th day of each month a brief report indicating the amounts of each kind of material delivered to the recyclable material handler. (11) Should the recyclinq program be unable to operate due to no commitment of manpower trom local City organizations, the program may be discontinued on thirty days written notice at the option of the Contractor. If the program is discontinued, the Contractor will be responsible for providinq notification of such discontinuance to all residences within the City, in a form/manner acceptable to the City within the thirty day period. In the event the program is discontinued, all items which Mould otherwise bL- collected at the recycling station -dill be placed for collection at the residenres in accordance with the normal collection terms of the contract. Contractor will collect any such otherwise recyclable items in accordance with the contract at no extra charge to the City or its residents. (12) Should the recycling program require that additional stations need to be established, the City and Contractor shall establish such additional stations pursuant to Sections 1-11 above. (q) Municipal Pickup (1) The Contractor will service, at no cost, all City owned sites including but not limited to City Hall and public Works Building. All containers will be readily accessible to the Contractor on the collection days specified by the City. 18- CALL FOR BIDS ' COLLECTION AND DISPOSAL OF GARBAGE, AND RUBBISH, IN THE CITY OF MOUNDS VIEW Sealed bids will be receive6 by the City Administrator of the City of Mounds View, Minnesota on the day of 1986, until 10:O0 A.M. for purposes of providing services for the collection and disposal of garbage and rubbish in the City of Mounds View. At that time, bids received will be publicly opened and read at Mounds View City Hall. Specifications and information for bidders may be cbtained from the Office of the City Administrator, 2401 Highwav 10, Mounds View, Minnesota 55112, telephone (612) 784-3055. Each bid must be accompanied by a bid bond, cash deposit, certified check, or bank cashier's check, payable to the City of Mounds View, Minnesota, in the amount 56 of the total amount of the bid for the term of the contract. The City Council reserves the right to reject any and all bids and to waive any informalities. ' DATED: Published in the New Brighton Bulletin on 1986. ---' U 9 E -19- COLLECTION AND DISPOSAL OF THIS AGREEMENT, made and entered into as of the day of , i986, by and between the City of Mounds view, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter called "City", and a Minnesota corporation, hereinafter called the "Contractor", WITNESSF.TH: That in consideration Of their mutual covenants and aarecrents as hereinafter set forth, the City for itself and the Contractor for itself, its successors and assigns, covenants and agrees as follows, to wit: 1. The Contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, and every other thing necessary to perform the work designated and referred to in this contract, including all Contractors superintendence and to furnish everything necessary for the completion of the project which is the subject of this Agreement, except such things aq the City has specifically agreed to provide and perform, according to the contract documents, and agrees under penalty of a public ror.tract.o:'s corporate surety bond satisfactory to the City Council in the p•inciptl sum of One Hundred Thousand ($100,000) Dollars to perform and templet, the work described in the document entitled, "SPECIFICATIONS FOR THE COLLECTION AND DISPOSAL OF GARBAGE, COMBUSTIBLE AND N06-COMBUSTIBLE RUBBIS3 IN CITY OF MOUNDS VIEW, MINNESOTA", prepared by the City, and to conform in all respects with the provisions and requirements of said SPECIFICATIONS. 2. The Contractor agrees that performance shall be in accordance with the terms, requirements and conditions of this instrument, the ordinances of the City of Mounds View and laws of the State of Minnesota, and the following documents: ND OSAL F GARBAGE (a) CALL FOR S. THELCITYOOFAMOUNDSPO VIEW, MINNESOTA DATED ib) SPECIFICATIONS FOR THE. COLLECTION AND DISPOSAL OF GARBAGE, COMBUSTIBLE AND NON-COMBUSTIBLE RUBBISH IN THE CITY OF MOUNDS VIEW, MINuESOTA -20- (c) QUOTATION SHEET, COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH IN THE CITY OF MOUNDS VIEW DATED AND SUBMITTED BY THE CONTRACTOR ON received by the City on and accepted by the City on the _ day o 1986. (d) Public Contractor's Surety Bond in the principal sum of One Hundred Thousand ($100,000) Dollars. Each and all of the aforementioned contract documents are hereby incorporated into this Contract by specific reference and the terms and provisions thereof are and constitute a part of this contract as though attached hereto or fully set forth herein. 3. It is understood and agreed by the parties hereto that the amount of per month per dwelling unit in residential buildings of 4 units or less shall be remitted to the Contractor, which the Contractor agrees to accept in full compensation for the collection and disposal of garbage, ccmbustible and non-combustible rubbish in the City of Mounds View, pursuant to the provisions of the atore- mentioned SPECIFICATIONS. IN WITNESS WHEREOF, the parties hereto have hereunto set th_ir hands and seals as of the day and year first above written. CITY OF MOUNDS VIEW By: L� -21- STATE OF MINNESOTA COUNTY OF RAMSEY On this day of 19 before me, a Notary Public in and for Ramsey County personally appeared Jerome Link,e and Donald F. Pauley to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and Clerk -Administrator of the City of Mounds View, a Municipal Corporation named in the foregoing instrument, and that the seal affixed to said instrument is the Municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said Municipal Corporation by authority of its City Council, and said Mayor and Clerk -Administrator acknowledges said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA COUNTY OF RAMSEY on this day of , 19 , before me, a Notar, ?ublic in and for Raandy Cuunty, personally appeared — to me persorally known, who, being each by me duly sworn, did say that they are the _ of a Minnesot an on named in the foregoing instrument, and the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed ar.d sealed 4n behalf of said corporation by the authority of and Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public -22- WORK HISTORY S"rAl'EMEhi Name of Organization: (Specify type -- whether an , individual, corporation or partnership). Name: Address: Information. as to ownership: (If operated as a partnership, give names, addresses and financial interests of each partner). If a corporation, give names and addresses of corporate officers and amount of stock owned by each, either legally or equitably and name and address of each stockholder owning more than percent of stock issued. Also indicate when and where incorporated and if qualified to do business in this state. 1. State the number of years that the organization, under its present name, has been engaged in the general contracting business (In the event of recent change in name cf organiza- tion, please outline details of prior name or names - years in business under these names.l 2. List projects completed by your organization in past 5 years, either as contactor or subcontractor. (If done as a subcontractor give name of contractor, amount of total contract, and amount you subcontracted.) Type of Amount of Work Contract Date Completed Owner -23- Page 2 3. Has your organization ever failed to complete a contract? If so, give full oetail*. 4. Outline the projects your ogani7ation has in progress as of the date of this statement. (If contract is as a subcontractor, give name of prime contractor, amount of total contract, and amount of subcontract.) Amount of Type of Scheduled Date Contract Work of Completion uwner _ 5. Personnel: Outline below the information requested pertaining to the experience and special qualifice- Lions of members of your staff. Special Years In Qualifi- Name Position Hauling 6. Equipment: Outline below equipment owned that is available for this work. Information Description and As To Item Number Condition Availability -24- rage 7. List names and addresses of at least 3 individuals or corporations for whom you have performed work and indicate the person or persons to be contacted roletivp rn ynnr reliability. 9 List names and addresses of states, counties, and :nunicipalities for whom you have performed work and indicate the person or persons to be contacted relative to your reliability. 9. Condensed net worth statement as of latest fiscal year, being _ , 19 See enclosed Annual Report with Quarterly Updates -25- Page 4 ASSETS 1. Cash -------------------------------------5 2. Stocks and Bonds ------------------------- $ i. Notes Receivable ------------------------- $ 4. Accounts Receivable (including bid deposits and amounts accrued on incompleted contracts) ------------------ $ 5. Accrued Interest -------------------------5 6. Real Estate ------------------------------5 7. Material Inventory ----------------------- 5 8. Equipment (depreciated value) ------------ $ 9. Furniture .and Fixtures ------------------- $ 10. Other Assets ----------------------------- 5 TOTAL ASSETS-----$ 1. NotesPayable ---------------------------- $ 2. Accounts Payable ------------------------- 5 3. Mortgages Payable-----------------------5 4. Other Liabilities-----------------------5 5. Reserves --------------------------------- $ 6. Capital Stock ------------------------------5 7. Surplus (net Worth) Earned -- Unearned-- $ $ LIABIITIES, CAPITAL AND SURPLUS ----- $ Dated at this day of By: 'Name of Organization) , 1986. Tit e .+, IF L'o+n, - li1. IN fit CITY OF NAaRri VIEW I. DUNATIOtI OF CONTRACT: through If. AREA TO BE SERVICED: Clty-•Ida I, YijueE. or urWrf Tn 9E crpv!rEn if ril,Ylr(n TO BE: 1,50-2 Ill, ;EP.v ICE BIDS - A. House Pickup and Gane,•1 Cleanup Provided as Two Clemi Weaks Par Year Monthly Bid Price Per Dwelling Wilt n. House nlCkup and Gan Kai Cleanup Provided es Continuous Servica with large Items Placed at Curb Monthly Bid ➢rice Per Dwailing Unit f.. Curb Pickup and General Clsunup Provided as Too Cleanup Weeks Per Yes, IsDo y Bld Price Par D•wl ling Unit • 12 Not. 3 • (Est.) 4,500 Units t • 5 Tears S m 12 "of. • 1 • IEst.l 4,500 Units • �— • 3 Yews • 3 . 12 ems. 1 • (Est.) a,SOD Units • 3 + 3 Years l Additional Charge Per Mows for House Pickup It Occupant Physically Disabled _/Mo. D. Curb Pickup and General Cleanup Provided as Continuous Servlce Monthly Bid Price Per Dwelling Unit • 12 Mos. • t + (Est.) 4.500 Units t m 3 Years 3 Add I tlunal Charge Per Nema For Mouse Pl,kup If Occupant Physically Disabled ^gntractprls Gasol Ira Pr Ices as of Date of Bid: 17ootrwrtorws landfill Dumping Aeas as of Date of Bid: Cha.da raw, Howe for st:alclpal Pickup for Eucatlo.,: Specified In Section a, Paragraph (r)- SUMW ITT �O OY: Bidddrs Signerure Rspreswntativnls Hone Title Cnapany Address city To Iaphos, Number SeblVlued old sworn to before we this day of , 1986 CY9wisslod Empires 3 -26- f CONTRACT AND SPECIFICATIONS FOR CURBSIDE RECYCLING SERVICES FOR THE CITY OF MOUNDS VIEW MOUNDS VIEW, MINNESOTA 19B6 CITY OF MOUNDS VIEW CONTRACT AND SPECIFICATIONS FOR CURBSIDE RFr'yr'I.TNr, SERVICES MOUNDS VIEW, MINNESOTA INDEX TO SPECIFICATIONS PAGE SECTION NO. ITEM NO. SECTION A - SPECIFICATIONS 1.0 Definitions . . . . . . . . . . 1 2.0 Contractor's Services 6 Responsibilities . 2 3.0 Contractor's Equipment . . . . . . . . . . 2 4.0 Contractor's Operations. . . . . . . . . . 3 5.0 Public Awareness . . . . . . . . . . . 3-4 6.0 Preparation for Collection . . . . . . . . 4 7.0 Duration of Contract . . . . . . . . . . . 4 8.0 Payment . . . . . . . . . . . . . . . . . 5 9.0 Filing of Reports . . . . . . . . . . . . 5 10.0 Access to Records . . . . . . . . . . . . . 5 11.0 Insurance . . . . . . . . . . . . . . . . . 5-6 12.0 Performance Bond . . . . . . . . . . . . . 6 13.0 Indemnification . . . . . . . . . . . . . 6-7 14.0 Termination . . . . . . . . . . . . . . . . 7 15.0 Penalties. . . . . . . . . . . . . . . 7 16.0 Non -Discriminatory Practices . . . . . . . 8 SECTION R - EXHIBITS Complaint Form . . . . . . . . . . . . . . a Map of the City of Mounds View . . . . . . Map of Recycling Areas . . . . . . . . . . 10 Council Resolution . . . . . . . . . . . . 11 SECTION C - BID SECT'.ON Notice to Bidders . . . . . . . . . . . . 12 Bidding Requirements . . . . . . . . . . . 13 Proposal . . . . . . . . . . . . . . . . . 14-15 Contract . . . . . . . . . . . . . . . . .16-17 Bid Sheet . . . . . . . . . . . . . . . .18-19 Bidders Bond . . . . . . . . . . . . . . . 20 I RECYCLING SERVICKS SPECIFICATIONS / The purpose of this proposal is to enhance the environment by providing a landfill abatement program in Arrordance with the aoals established by the Metropolitan. council's Solid waste Management Development Guide/Policy Plan. This effort will be accomplished through a Curbside Recycling Program provided to residents of the City of Mounds View. 1._ Definitions 1.1 "Recyclable materials" mean non -glossy newsprint, office paper, corrugated paper, glass, aluminum„ steel and "tin" cans, automobile tires and batteries; and other material as mutualiv agreed upon by the City and Contractor. 1.2 "Categories" means the division of recyclable materials into separate groups. Each category shall be placed in its own recyclable container. The categories area a. Glass - Rinsed, lids removed b. Cans - Rinsed C. Non -glossy Office Paper and Newsprint - bundled or bagged, magazines and glossy paper removed d. Corrugated Paper - flattened and tied e. Automobile Tires - clean and dry f. Automobile Batteries - cleaaed and caps on tight 1.3 "Recycling collectirn" means the picking ❑p of all recyclable materials along the curb of residential properties located within the City of Mounds View and the transporting of the recyclable materials to a site where t;iey can be processed for the marketplace as Bete mined by the Contractor. 1.4 "Residential properties" means attached and detached single -double-, triple-, and quadruple -dwelling units and mobile homes. 1.5 "Dwelling unit" means a separate residential dwelling place with a kitcher. _1_ 2. Contractor's Service and Responsibilities 2,1 The Contractor shall collecta all rby the materials in the City, according to Contractor and approved by the City. 2,2 The Contractor shall not be required to make regular collections on Saturday or Sunday and New Years Day, w emoriAl Day, indeoendence Day, Labor Day, Thanksgiving Day and Christmas Day. 2.3 Collection may be delayed jr. the case of severe weather conditions as defined by the National Weather Service. 2.4 The Contractor shall provide to the City a yearly collection schedule for all residential properties in the City by November of each year. This schedule shall include the date of collection for each month (a reoccuring schedule is preferred) and any variances to the schedule due to holidays. This schedule shall also include the procedures which would be followed in the case of a cancellation due to severe weather conditions. The schedule for 1986 will be . annotated on the calendar provided. 3. Contractor's Equipment 3.1 All vehicles shall be painted and/or marked uniformly with the Contrac,or's name and phone number on both sides of the vehicle. 3.2 All vehicles shall Da radio dispatched. 3.3 Broom and shovel to good usable condition ,hall be placed and maintained on each vehicle for necessary cleanino up at the pick up site or street or boulevard, as necessary. 3.1 The Contractor shall make all collections of recyclable materials in appropriate receptacles. These receptacles shall be kept clean and as free from all offensive odors as possible. 3.5 The Contractor's vehicle shall not be allowed to stand in any street, alley or other place longer than is reasonably necessary to collect recyclable materials. 3.6 The Contractor shall keep all equipment used in the performance of work in good operating condition and in a clean sanitary condition. Equipment is subject to periodic • inspection by the City. -I- 4. Contractor's Operations 4.1 The Contractor should have at least one year of experience in the business of curbside recycling collection and marketing. 4.2 The Contractor, prior to the award of the contract, if requested by the City, will be required to show evidence of prior work during the past 36 months. 4.3 The Contractor shall establish and maintain an office for accepting complaints and customer cal:s. the office shall be in service during the hours of 8:00 a.m. until 5:00 p.m. on all days of collection as specified in this contract. Any changes in the address and telephone number of such office as identified on the bid sheet shall be given to the City in writing. 4.4 Complaints on service will be answered by the Contractor courteously and promptly. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for all such complaints and action taken thereon shall be kept by the Contractor and reported monthly on the Official Complaint Form attached as Exhibit 1 to :he City and specifically to the Clerk —Administrator. 4.5 Whenever the City or a resident notifies the Contractor of locations which have not received scheduled service, the Contractor is required to service such locations in the same day when noeified prior to noon o' the scheduled date. 5. Public Awareness 5.1 The City shall: a.) Provide the Neighborhood Block Captain with recycling reminder signs. b.) Support the program via newspaper articles, billboard announcements, City newsletter, Cable T.V. and contact with local community groups. c.) Develop and deliver the initial flyer to be sent to all residential properties on or about May 1, 1986. d.) Place an initial notice about the program in the Community Section of the Minneapolis Star 6 Tribune, the Neighborhood Section of the St. Paul Dispatch and Pioneer Press and the New Brighton Bulletin. -a- 10 o.) Advertise in the City Newsletter with a minimum of one quarter page advertisement quarterly for the term of the contract. f.) Coordinate with the Contractor to determine a means of delivery of the contractor developed flyer(s). 5.2 The Contractor shall develop and deliver flyers to All properties in the City of Mounds View by June, 1986 and any other dates as established by the Contractor and approved by the City. 6. Preparation for Collection 6.1 All occupants of residential properties in the City of Mounds View who are participating in this program shall separate and place recyclable materials by category in appropriate containers. 6.2 Containers shall be placed upon the boulevard area at the curb of the street by 7:00 a.m. on the scheduled day . of collection. 6.3 Thp responsibility of all recyclable material collected shall be that of the Contractors from the time of pickup. Ownership of all recyclable materials set out remains with the residents until pickup by designated haulers. 6.4 The Contractor shall adequately clean up any materials spilled or blown during the course of pickup and/or hau:inq operations. 6.5 The Contractor shall have no responsibility to remove or clean up any items not defined in Section 1.2. 6.6 Any items collected shall be disposed of by the Contractor in accordance with law, to the extent not recycled. 7. Duration of Contract 7.1 The term of this contract shall be from through 7.2 The City shall have the option to review the cost, benefits and service provided by the Contractor after one . year. -5- 8. Payment 8.1 The City will compensate the Contractor for the collection of recyclable materials from residential properties in the City of Mounds View at the rate determined through the bidding process for this contract. 8.2 Payment shall be made monthly for completion of recycling services as defined in this contract. 2.3 Weight tickets submitted to the City of Mounds view shall be sufficient documentation for reimbursement. 9. Filing of Reports 9.1 The Contractor shall submit a written monthly summary of the quantity of each category of recyclable materials collected in the Contractor's operations and specifically noting that quantity obtained in the City of Mounds View. Also included in the report should be a statement of the current market prices for eaca recyclable item. Monthly summaries shall be submitted no later than the 15th day of the month following the month for which the ' report is submitted. 9.2 The Contractor shall also furnish to the City throughout the duration of this contract a quarterly financial report detailing the expenses and revenues of the Mounds View collection and the Contractor's overall operations. Quarterly financial reports shall be submitted to the City on or before January 15, April 15, July 15 and October 15 of each year. The first report will be due 10. Access to uPrn_ds The Contractor shall provide accesr; to review any books, documents, prpers and records of the contractor which are directly pertinent to this contract for the purpose of making an audit, other examination and preparing excerpts and transcriptions to the City, Ramsey County, the Metro- politan Council or any of their duly authorized representatives. 11. Insurance 11.1 Comprehensive general liability insurance against liabilty imposed by law for bodily injury or death in the sum of $250,000 for any one person and in the sum of $500,000 for two or more persons for the same o,.curence and for damages to property in the sum of $100,000. 6- 11.2 Workers' compensation insurance and employers' liability insurance as required by law. 11.3 Vehicle liability and property damage insurance, including coverage for non -owned and hired vehicles, in limits as for comprehensive general liability coverage above. 11.4 The City shall be named as an additional insured in these policies for coverage needed only for work as specified in this Agreement, which shall provide that the coverage may not be terminated or changed by the insurer except upon 30 days' written notice to the City Clerk of the City of Mounds View. 11.1 No policy shall contain any provisions for exclusions trom liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this contract, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease or death of any coverage under the contractual liability endorsement of the , liability of the Contactor .nder this agreement. 11.6 Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve the Contractor from liability assumed vnoet any provisions of this contract. '2. Feformance Bnnd This contract shall not to in effect until the Contractor shall have executed and delivered to the Clerk Administrator a performance bond in the sum of 1001 of the 12 month base bid contract amount and executed by a corporate surety company authorized to do business in the State of Minnescta to secure the faithful performance of this contract by said Contractor, conditioned that the Contractor shall well and truly perform and carryout tiie covenants; terms and conditions of this agreement in strict accordance with its provisions. This contract shall be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability because of failure to pay the premium or termination of the period of the bond witho�it renewal thereof. 13. Indemnification The Contractor shall indemnify and h_ld harmless the City and its officers, agents and employees from and against -i- claims, damages, losses or expenses, includinq attorney fees, for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations in consequence of the performance of this agreement by the Contractor, its employees, agents or subcontractors. 14. Termination 14.1 The City shall have the right to terminate this contract with 60 days notice in the event of breach thereof by the Contractor. A continuing breach shalbe deemed to be waived because it is not followed by prompt termination. This contract shall terminate, and neither party nor the officers of the City shall be liable for further performance after such terpresent ofuture law minain lother become invalid by reason of any than an ordinance of the City. 14.2 The work shall be done with forces which are adequate to ensure the satisfactory collection and disposal of said materials at all times and failure to perform shall not be excused by breakdown and similar hindrances which on r other work might be regarded as "acts of providence". 1 14.3 Upon failure of the Contractor to fulfill any of the provisions of the contract, the Clerk -Administrator may be authorized to 'lire such persons, or assign City employees and equipment, as may be necessary, to do such work and the cost and expanse thereof may be charged and deducted from monies due the Contractor, collected from tho Contractur, or collected by recourse to the Contractor's bond. 15. Penalties 15.1 Failure by the Contractor to conform with the provisions of this agreement may result in the termination of this agreement and/or cash claims by the City of damages of up to $5,000. The City shall inform the Contractor of such failures in writing and the Contractor shall have 30 days from the date of notice to correct such failures before penalty may be invoked. Minor infringements and informalities of contract provisions shall not be considered subject to penalty. 15.2 In the event of such failures, the Contractor agrees to pay, in add�tion to actual damages sustained by the City as a result thereof, the reasonable attorneys' fees incurred by the City in pursuing any of its rights under this agreement. -8 16. Non-Descriminatory vracticea Minnesota Statutes, Section 181.59, which prohibits discrimination on account of race, creed or color in the performance of public contracts, is made a part of this agreement with the same force and effect as if set out herein verbatim. MMuOOMPNM Mn un rns - aadtaAw cmunr &at" rum Mn !A on 0 351TUU kW � rrwr r rpwa i 1 L I r• r r r • I 1 �� I M•r 1 1 i .. r - .1. •r•aa LOCATION MAP FOR PROJECT 1986-4 STREET SWEEPING STREET NOT INCLUDED IN 1986 STREET SWEEPING CONTRACT i 4 V, J RESOLUTION NO RESOLUTION TO PROCEED WITH A CURBSIDE RECYCLING PROGRAM FOR MOUNDS VIEW WHEREAS, the Metropolitan Council has determined that alternative methods of solid waste abatement are necessary for the region; and WHEREAS, curbside recycling is seen es an integral E_rt of a comprehensive solid waste program; and WHEREAS, the City of Mounds View collects S from each household for solid waste collection; and WHEREAS, a portion of this noney is earmarked for a curbside recycling program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that staff should proceed with the necessary steps to contract with a qualified hauler and assist the hauler with publicity. Adopted this day of ATTEST: Mayor (SEAL) — 71erk-Administrator -17- NOTICE TO BIDDERS CURBSIDE RECYCLING SERVICES Sealed bids will be received and publicly opened by the City of Mounds View, Ramsey County, Minnesota at the office of the Clerk -Administrator, 2401 Highway 10, Mounds View, Minnesota 55112 (Tel. 612/784-3055) on the day cf , 1986 at 11:00 a.m. for the furnishing of work and equipment for a CURBSIDE RECYCLING SERVICE FOR THE CITY OF MOUNDS VIEW. All in accordance with plans and specifications prepared by Rita Uocken, solid Waste Coordinator, Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Plans and specifications may be examined at the office of the Clerk -Administrator and copies may be obtained for the Contractor's individual use by appling to the Clerk - Administrator. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a ' responsible bank in the State of Minnesota) or a bidder's bond made payable withmit condition t^ the City of Mounds View, Mounds View, MN, in the amount of not less than five (51) percent of the total amount of the base bid. The City Council reserves the right to reject any and all hids and to waive any informalities in any bids received without explanation. No bid may be w4thdrawn for a period of thirty (30) days. By order of the City Council of the City of Mounds View, Minnesota. Dated the day of 1986. Donald F. Pauley Clerk -Administrator Publishedr (Bulletin: ) ' -1J- BIDDING REQUIREMENTS Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the city of Mounds View, Mounds View, MN, in the amount of not less than five (W percent of the total amount of the base bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. The oid shell be made on a monthly fee basis to include all collection and disposal expenses, dump fees, advertising expenses, overhead expenses and all other expenses required to complete the total project as outlined in the Specifications, Bid and contractors plan. Any contractor or agency bidding this project is required to review the collection area prior to submitting a proposal. The City of Mounds View reserves the right to reject any proposal submitted not adhering to the above mentioned requirements. The City of Mounds View reserves the right to select the bid upon consideration of all aspects of the bid amount, participation rate and services to De provided. 2KC P R O P O S A L TO: The City of Mounds View C/O Solid Wate Coordinator City of Mounds View 2401 Highway 10 Mounds View, Minnesota 55112 In accordance with the advertisement of the City of Mounds View inviting proposals for recycling services herein named, and in conformity with the plans, specifications, and bid pertaining thereto, on file in the office of the Solid Waste Coordinator. (I) (We) hereby certify that (1) (We) (am) (are) the only person(s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever; that an examination has heen made of the site of the work and the contract form, together with the plan, specificaions and bid pertaining thereto for the services requested. (I) (We) propose to furnish all necessary machinery, equipment, tools, labor, and other means of collection, in the manner at the time prescribed, all in accordance with the terms of the contract and the plan, specifications, and bid forming a part thereof. (I) (We) further propose to do all extra work which may be required to complete the proposed service, at unit prices or lump sums to be agreed upon in writing prior to starting such work. (I) (We) further propose to execute the form of contract and to fu,nish a contract frond in the amount of the rontract, within ten (10) working days r.f the acceptance of this proposal as secutity for the service aid completion of the work in accordance with the terms of the contract, plans, specifications, and bid. (I) (We) further propose to guarantee all work performed under this contract to be done in accordance with the plans, specifications, and bid in a good and workmanlike manner; and to complete any collection which may have been missed due to defective equipment or oversight. (I) (We) further propose to begin work on or before the first day of June, 198F according to the specifiations and to prosecute said work so as to complete the same as per the contract, plans, specifications and bid. WITNESS By CONTRACTOR J E WITNESS NAME (Tit e) -15- The undersigned agrees that this proposal shall remain in effect and not to be withdrawn for thirty (30) calendar days after this date. DATED THIS DAY OF 1986. CONTRACTING FIRM NAME SIGNATURE TITLE ADDRESS CITY, STATE, ZIP TELEPHONE NUMBER -16- C O N T R A C T This Agreement made and entered into this day of , 1986 by and been the CITY OF MOUNDS VIEW heetw reinafter referred to as the CITY (Party of tue c,tbi iet ii uuu' hereinafter referred to as the CONTRACTOR (Party of the Second Part). WITNESSETH: That the CONTRACTOR, in consideration of the covenant and the Agreement of the CITY hereinafter set forth, and for the sum and price of $ hereby agrees that, WHEREAS, the CITv has heretofore asked for Proposals for the furnishing of materials, labor and equipment and the use of the CONTRACTOR'S equipment and all else necessary for recycling services and incidentals thereto, as set forth in the plans, specifications and bid now on file with the CITY, and that, WHEREAS, the CONTRACTOR has submitted a proposal in response thereto, which has been accepted by the CITY, in t+hich the CONTRACTOR agrees to and shall furnish all materials, labor, ' use of tools, equipment, and everything necessary to perform the work designated and set forth in the contract, including all CONTRACTOR'S superintendence, and to furnish everything ❑"c&SOiY 16c tl,c c6rPlet.cn of the service. FURTHER: The CONTRACTOR shall commence work under this Contract on or by , and shall complete all of the work set forth in the Proposal and in the specifications on or before The Contract Dc'cumencs consist of all of the followirg component parts, all of which are as full a part of this contract as though therein stated verbatim, or if not attached, as :f hereto attached: I. The "Specifications". 2. The "Proposal", " Bid Sheet", "Bond" and Insurance Binders of the CONTRACTOR. 3. This "Contract" between the CITY and the CONTRACTOR. 4. Any Modificatios or changes in the terms of the Contract or Bid or additions to or deducted from the amount or character of the work which ib to be performed or which may be agreed to in writing by ' the CONTRACTOR and the CITY. -17- The CONTRACTOR agrees to pay all persuns furnisting labor and material in and about the performance of the Contract; and the CONTRACTOR will, within ten (10) working days after the acceptance of the CONTRACTOR'S Bid execute this Contract and furnish a bond to be approved by the CITY in a sum equal to 100% of the full amount of the 12 month base bid. The CONTRACTOR further agrees to take all precautions to protect the public against injury and to save the CITY harmless from all damages and claims of the CONTRACTOR or the Contract and will indemnify the CITY against all claims, liens and claims for liens for labor performed or material furnished as aforesaid and against all loss by reason of the failure of the CONTRACTOR in ary respect to fully perform all obligations of this contract. The CITY agrees to pay the CONTRACTOR for the performance of this Contract, and the CONTRACTOR agrees to accept as full compensation thereof the prices set forth within the attached bid sheet. The CONTRACTOR and the CITY agree that all of the terms of this Contract shall be binding upon themselves, their heirs, administrators, executors, legal and personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 1986. PARTIES OF THE FIRST PART City of Mounds View By Hess Jerome Linke Mayor ness Donald F. Pauley Clerk -Administrator PARTIES OF THE SECOND PART tness Contractor By nens Name (T tle -ls- BID SHEET FOR ' RECYCLING SERVICES FOR THE CITY OF MOUNDS VIEW MOUNDS VIEW, MINNESOTA Clas3 of Work: rnllprtion and disposal of recyclable materials. Proposal of: Name Street Address City State Zip Code To furnish and deliver all materials and to do and perform all work, in accordance with tte Contract, Specifications and the Bid contained herein on file in the office of the Solid Waste Coordinator. RECYCLING SERVICES FOR THE CITY OF MOUNDS VIEW Descriptinr Partirinatinn Rain lal unit o<e"Mcn h 1. Base Bid $ 2. P.educed Bid $ 3. No Subsidy 5 - 0 - A. (I) (We) would determine a participation rate to be used for establishing payment as follows: -lY- BID SHEtiFOR RECYCLING SERVICES FOR THE CITY OF MOUNDS VIEW B. (I) (We) propose to provide the following recycling services for the City of Mounds view: 1.) Collection Procedure a. Number of days to complete collccticn.: —nays b. Number of trucks used for collection: Trucks 2.) Collection Schedule - use the attached calendar holidaysollectin and severerocedure (daily weather cancellat6ollection, sy 4.1 Office Location a. Address b. Telephone Number — _ TOTAL MOhTH[Y BASE dID $ (figures; Signed: — (utle MEMO TO: MAYOR AND CITY COUNCIL ^- FROM: CLERK -ADMINISTRATOR t DATE: MARCH 13, 1986 SUBJECT: ADMINISTRATIVE OFFENSES As you may recall, at the March 3rd Agenda Session you reviewed a memorandum from Staff providing you with a report of our experience with Administrative Offenses during 1985. A portion of that re,,)ort contained recommendations to add four offenses to the current list contained in Resolution 1900 as well as to revise the distance for parking near a stop sign. Attached for your consideration is Resolution No. 1988 Amending Resolution No. 1900 to reflect those recommendations. This is being presented to you at this time as a reprinting of the offense boots must be made in the very near future. RECOMMENDATION: Staff would recommend Council adoption of Resolution No. 1988 Amending Resolution 1900 Establishing Penalties For Administrative Offenses. DFP/mjs RESOLUTION NO. 1988 CITY OF MOUNDS VIEW COUNTY OF RAMSF.Y STATE OF MINNESOTA RESOLUTION AMENDING RESOLUTION NUMBER 1900 ESTABLISHING PENALTIES FOR ADMINISTRATIVE OFFENSES WHEREAS, the Mounds View City Council adopted Ordinance No. 393 on June 24, 1985, establishing Chapter 400 of the Municipal Code ertitled, "Administrative Offenses", and WHEREAS, Chapter 4G0 provides that penalties be imposed for violations of scheduled administrative offenses according to a schedule established by resolution of the City Council, and WHEREAS, Resolution No. 1900 Adopting Penalties for Administrative Offenses was adopted on June 24, 1985; and WHEREAS, it has come to the attention of the City that certain offenses were excluded from Resolution No. 1900 and other offenses need to be amended to accurately reflect the City's codes and State Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the penalty schedule for violations of the Administrative Offense Code of the City of Mounds View established by Resolution No. 1900 is amended to read as follows: Offense Late Charqe/ Initial Penalty Week 1. Junk Vehicle (80) 2. Blocking Fire Hydra,it 3. Fire Lan^ 4. Handicap Parking 5. Keys in Vehicle (unattended) 6. Occupied Vehicle (pets or children) $ 25.00 $ 5.00 $ 25.03 $ 5.00 $ 25.00 S 5.00 $ 25.00 $ 5.00 $ 10.00 $ 5.00 $ 25.00 S 5.00 7. Within fwenly-f29>` Thirty Feet of a Stop Sign S 10.00 $ 5.00 8. Blocking Mailbox $ 10.00 S 5.00 9. Other (Specify) (Expired license, wrong tabs, etc.) 10. Signs (39) 11. Zoning (40) 12. Subdivision Regulations (41) 13. Municipal Water (70) 14. Municipal Sewer (71) 15. Load Limits (8O.011 16. Public Nuisance (90) 17. Animals f91) 18. Housing Code (93) 19. Garbage, Rubbish (104) 20. Regulated Business Activities (105-116) 21. Snowmohiles (202) 22. Trespass c ,o.n0 s S. no $ 100.00 S 5.00 S 100.00 S 5.00 S 100.00 S 5.00 S 100.00 $ 5.00 S 100.00 $ 5.00 S 100.00 $ 5.00 $ 100.00 $ 5.00 S 25.00 $ 5.00 $ 100.00 S 5.00 S 25.00 s 5.00 $ 100.00 $ 5.00 $ 25.00 $ 5.00 $ 25.00 $ 5.00 I L RE60LUTilN1 NO. 1900 PAGE TWO OF TWO Offense 23. Building i Fire Codes Late Initial Penalty Charge/Wk. (58-63) S 100.00 $ 5." 24. Loitering S 25.00 $ 5.00 25. Loud Parties $ 25.00 S 5.00 26. Streets & Driveways (44) $ 100.00 S 5.00 27. Wetlands (48) S 100.00 $ 5.00 28. Fireworks $ 100.00 $ 5.00 29. Beer/Alcohol In Parks (52) S 25.UO $ 5.00 ATTEST: �SEAL I Adopted this 14 day of April, 1986. r Clerk -Administrator RICHARD MEYERS. P. A. ATTONN[T AT LAW ST PAUL, MIN[NWTA 50112 111�1 .NIN� March 21, 1986 Mr. Donald F. Pauley Clerk -Administrator City of Mounds View 2401 ffighway 10 Mounds View, Minnesota 55112 Re: Intoxicating Liquor Licensees Dear Mr. Pauley: In the early 1960's when the voters of the City of Mounds View authorized the issuance of private on -sale liquor licenses, the Council determined at that time that they would not pernit corporate licensing. The reason given for this decision was a question of enforcement of the City and State liquor laws. Since it is the primary duty of the City Council to enforce said laws end because of the legal difficulties of determining who said laws should be enforced against, it wa.; and still is my opinion that individual licensing is the host effective way to accomplis'l this end. A corporation is a legal entity awned by shareholders, who elect e. Board of Director3 to establish policy, and ope-ated on a daily basis by i.ts officers (president, Vice. -President, etc.) and may furt:ier be operated by managers and otner employees. Thus, when you attempt to enforce the laws, the enforcing agency has to determine against which entity to bring the proceedings. At first blush you would notify the corporation bit because of the diverse personnel involved it becomes difficult to establish the specific individual that has the responsibility for the actions of the cor- poration. This becomes further complicated since the stockholders may change, the directors may change, the officers may change, and the operating personae: may ci,anUe. This can occur even though the licensing ordinance may provide for constant notice by the cor- poration of all internal changes. During the licensing process when the licensing authority receives an application for a liquor license by a corporation, it would be advisable to check the credentials of all stockholders, directors, officers and employees to deter -ire fitness for said license. Mr. Donald F. Pauley March 21, 1986 Page 2 On the other hand, if an individual is the applicant and ultimate licensee, th6 process for determining the credentials and fitness of that individual is greatly simplified and res- ponsibility is firmly established in said individual. Over the past 25 years the City has had great success in enforcing its liquor laws under the present system. Although I understand the concerns of the licensees in the City, when weighing their problems against the greater public interest I would continue to recommend individual licensing. Designation of an individual to be responsible for a cor- porate action would be less than satisfactory and does not firmly establish responsibility. RM/ew Yours trd1� f �i rd / rs V / 1O"k MEMO TO: MAYOR AND CITY COU FROM: CLERK-ADMINISTRATOR\�r� DATE: APRIL 2, 1986 v `r SUBJEC'i: LOOSE ENDS ON 10 INTOXICATING LIQUOR LICENSE TRANSFER Attached to this memorandum please fins the following documents: 1) Memorandum from Police Chief Ramacher regarding their investigation of the applicants. 2) A listing of those items provided by the applicants as part of their application for the liquor license transfer. 3) The notice of public hearing published in the New Brighton Bulletin on March 12, 1986. 4) The application for transfer of the on -sale intoxicating liquor license. 5) Personal histories of Stever. M. Hauck and David Atone. All 1nsur Cll�.V yule Aca a.... :.:��: A__....-..�� __.r i AAA hV `hp applicants are in conformance with the requirements of the City. Staff would request Council direction should you require any additional information prior to the public hearing on April lith 1986. DFP/mjs TO: Clerk -Administrator FROM: Police Chief DATE: April 2, 1986 RE: LIQUOR LICENSE FOR LOOSE ENDS A thorough check was run on David Eugene Arone and Steven Matthew Hauck. Neither party has d criminal history aid neither has a bad driving record. Both men appear to be well organized and good individuals. Mr. Larry Rowles was contacted at Minneapolis Licenses and Consumer Services. Mr. Rowles is a retired police officer now working as a licensing inspector. He stated that he's never heard of any problems at Arones Bar and that his contacts with David Arone nave never involved any liquor violations. He states that Arones is a well managed operation with a crowd mixture of young and old. Mr. Rowles had no information on Steven Hauck. Minneapolis Police Lieutenant Mike Fisher was contacted. Lieutenant Fisher states that any liquor violation at bars require his attention and he's never had a report on Arones Bar. He states that Arones is a clean operation, a good neighborhood bar. On March 27, 1986, Investigator Chambers did an inspect -on of the Premises of Arones Bar. He noted customers from age nineteen to ieareu yeiau,u. iic Lz=c: t`,t the "r vac a vary clean establishment, quiet and well run. Investigator Chambers also cnecked with the Northeast Bar Associzticn that stated Arones is a go)d, decent bus'ness. Enclosed 1) Intoxicating Liquor License applicatiim for Loose Ends on 10 from Steven M. Hauck and David E. Arone 2) Certificate of Insurance 3) Purchase Agreement (copy) 4) Lease Agreement )copy) 5) Cashiers Check for license 3,918.75 275.00 restaurant. 3,643.75 � liquor 6) Personal history record of Steven M. Hauck 7) Personal history record of David E. Arone 8) 5,000.00 surity bond will be delivered by insurance agent from bonding company on March 6. 1986 l�Pls /y//s: ,�,A3lil ,jyz-y0/7 Any questions please call Steven M. Hauck Office 546-4a19 Home 427-9149 1000^ CITi Of MOUNDS VIEW 2401 Highway 10 Mounds View, MN 55112 LICENSE APPLICATION FORM s USINISS NAMt Loose Ends on 10 — — Date of application March 1, 1986 Phone 784-5555 - IuSINESS ADURESS 2375 Highway 10 (street) Mounds View MN 55112 city) (state) (tip code) OWNERS/CORPORATE OFF ICE•$/ASSOCIATES/PARTNERS (name and title:) Steven M. Hauck David E. Arone Pres/Sec —_ TYPE OF LICENSE KEQUESTEU: On -sale Intoxicating Liaunr License HAVE YOU EVER HAD A LICENSE REVOKED? NO If yes, attach explanation. KEpeRENCES; CITIES wHERE PKEVIOUSLY OR CURRENTLY LICENSED /0I SAME ACTIVITY (name of city and year(•) licensed) Minneapolis 1960-1986 Applicants for the following license must complete the applicaSls section on the reverse aldP of this form: amusement devices, bowling alleys, dance hall#, garbage collection, g•sollne stations, kennels, and roste"ants. uuuauuuuuuu•.•u.•u•au•••u••uuu•u•uuu••••uuu•u•u I hereby certify that information provided on this application is true and correct and understand that any misrepresentation made hereto may be grounds for denial of this application. Applicant's name Arone ►ul^ Mr- (pleses print) Lmat Tst Date of birth 12/ 03 / 53 so day yr Applicant's signature CITY Of MOUNDS MIEN LICENSE A►I�ICATION FORM Page Two AMUSEMENT DEVICES ONLY: Number of amueemec: devices BOWLING ALLEYS ONLY: Number of lanes DANCS HALLS ONLY: Now long la operation at given address GARBAGE COLLECTION ONLY: Equipment to be used -- Place A Meaner in which garbage will be disposed _ Attacb up indicating customers served in mounds View or list thereof, GASOLINE STATIONS ONLY: Number of Pump* Number A capacity of gasoline storage tanks &INNRLS ONLY: Check one: commercial � Residential Numosr of dogs ._ ggSTAURANTS ONLTI occupancy load _ _ Number of hours open per day _ •emu u..u....u.u...uu.uu.... u.0 u.u.... u....u... u...... u... - FOR OFFICE USE ONLY - Receipt Number Date New Renewal Police Chief: Approval Data of Council Approval Pee Disapproval License Number • Lin VT MUUNVa wlaw APPLICATION FOR ON -SALE IMTOIICATINO LIW01 LICENSE This form was prepared by the Minnesota Bureau of Crim1Ml AP - prehension. Department of Public Safety, pursuant to Minnesots Statutes. 1976. Section 1a0.11, for purposes of background In- vestipatios. It does not supercede any laws, fulls or regula- tions of the Olvtston of Liquor Control regarding ina Issuance of liquor lie"%*%. Failure to provide Information requested my result in denfil of the ApplicstiO0. 1'11118 nu 10 M..n 1. 1 1qR.. tramd1M to 0 AN CA 00 April L, 1916 lapproxl 7N4-SS',S licensing Period phone, business 1. Type Ot Application: 0 New Renewal Transfer 1. 1 i_ Atone 7RI-ON40 new of &PPlIc"t P home ]. .,n,re,1 Minneapolis MN e a rest a 6TEt 1, uecenoer 1, 1951 Minneapolis, MN of birtli 0 S 2175 Highway 10 Mounds View, MN 55112 Address of business location 6. legal description East 294.8 ft of HE 5 of NE 5 of SW N Section 8 Townshto 10, Range 21, Iriuy NE of U. S. I11914way 10 7, Sunday liquor 94106: yes x no_ seating capacity[- B. List owners of building or premise to be licepsed: ,lames A. Loosen 9. fill�re Nest, Inc. iornora or partner p t e 6010 koyzata B1''d. Mtneapnits, MN '541fi corporate Or partnership address 10. List all partrers, officers or directors land tit/eel, if corporation: name 6 title address date of birth Steven M. Bauct Pres/S c 10849 Hollywood Blvd 10-14-48 David E. Atone VP 1112 Highcrest 12-01-51 t ' j 11. If title Is a transfer application give name, address, of persons, partnership or C,'W'G ivs nuldiAg Ike*" for She Past year. I.00sco, iI.C, 217, illvllwav 10 Mourlds View. MN 5r 112 12. We Owns the tavern fixtures? 10. lines vending er eechentut smaleeent device coxgan, Ms nr .1II mare maChlnel on the Ilcersed promote? Advnoc,r 'artcr 14. Are you A Minnesota resident? © yet 13 No 1'uto',sr t If not, .here resident. dates of residency 15. Have you ever been Convicted of violating Federal, State or Local liquor laws and/or regulations? O yes ED Mo If yes explain fully on separate sheet of paper 16. List four business references Currently familiar with you and your business interests. Name Address Phone Norman CI h 950 becater Avenue 54/-5050 Earl OoLle 112 Central Ave NF. 171-3222 S. T.Moven, Attny 7500 Buone Ave 424-"4e6 David Rosen 6030 Wayzata Blvd 546-4419 17. Aspllcsnt, and his assuriates in this APPIicsdon, will strictly comply With all tee Laws of toe State Of Minnesota governing t"e taxation and the sale Of IhidA- Icatin9 liquor; rules aid regulations prvwlgited tl ine Uglier Control [chaise- sioner, And all onfriantes of the municipality; And I hereby certiy, that I read thehave foregoing guestio" and that the anLwers to said guescions are true of my Our mnowled7e. 1 further understand that in Investl9stion fee rot to exceed $500.00 shall be charged an Applicant by the city or county If the Investigation IS conducted within the state, er the cost not to exceed S10,000.00 It tan Inves- ligation Is regulnd outside the state. ....cant_ gnature o pp Cant Subscribed and sworn to before ma this L11 day of il;, svi ru 19Ec . no ry Pv c MY Comalsslon expires ti-% Y tL' �'ANMt 11' r 1'rAr ywa ��) VrY ,t!)YI11 w, cw.inw I,r,r. hY A Ia♦ • raw briar CITY Of MOUNDS VIEW • 2401 Highway 10 r' Mounds Vier, MN 55111 g UbINESS NAME LICENSE APPLICATION FORM Date of application March 1, 1986 Loose Ends on 10 Phone 784-5555 gUSINESS ADDRESS 2375 Highway 10 retreat) M d View city) (state) (alp code) OWNERS/CORPORATE OFFICERS/ASSOCIATES/PARTNER5 (name and tltla:) Steven M. Hauck David E. Arone Pres V. P. TYPE OF LICENSE REQUESTEU: On -sale Intoxicatina Liauor License HAVE YOU EVER HAD A LICENSE REVOKED? NO If yea, ettsch euplaostlon. REFERENCES: CITIES WHERE 1'KEVIOUSLY OR CURRENTLY LICENSED FDA SAME ACTIVITY (ngas of city and year(@) licensed) Minneapolis 1980 - 1986 (Arone) A,plicants for the foliowing llcenfe gust complete the applicable saccloa on the reverse side of .his form: amusement devices, howling slleys, dan_e hells, garage collectlrn, ,,soling stations, kennels, and restaurants. ••u•a•••••uau•u•uua••u••u•,uu••••••a•••••••a•••a, uaaa uau ua• I hereby certify that information provided on this application to true and correct and understand that any misrepresentation made herein may be grounds for donlal of this application. Hauck Steven Matthew Applicant's name Plret Iull Mlddla (plsses print) Last Oat. of birth 10 / 14 / 48 mo day yr Appll�ant's signature '� CITY OF MOUNDS VIEr LICENui Aii �.r•T i uri 7On" Page Two ANUSENBMT DEVICES ONLY: Number of Amusement device' BOWLING ALLEYS ONLY: Nusbor of lanes -- DANCE Y1LL1 ONLY: Now long in oper'tlon at given oddrea' GARRAGH COLLECTION ONLY: E,Iuipssnt to be used + br disposed manner in which garbage wl .. Place served ID Noun lndicsting customs r�. do Vleu or list thereof. Attach gap GASOLIMR STATIONS ONLY: ' Number of Pumps ofe storage tanks Number A capacity 80 ILENNELS ONLY Rtaldrn[lel Chock ono: Co uerclal Number 01 doge .,1RSTAURAMTL ONL:: per dsy Numb*, of noura open Occupancy load u Hsesues'eesestetteett•eu ueees�eutteeetONLY sseuuerrs ueueueeeee FOR OFFICE USE fee Date -' Receipt Number Maw Renewal Police Chief: ApProvsl Date of Council Approval Disapproval License Number `� • - - CITY Or MOUNDS VEtM APPLICATION FOR ON•SkE INTOXICATING LIQUOR LICLNSE Inls fors: was prepano by the Mlw,esol. Bwreau of Criminal Ap- prehension. Department of public Safety, pursuant to Minnesota Statutes. 1976, Section 340.13. for purposes of background in- vestigstion, It does not supercede any laws, rules or re90 6- „,of tke LliviTinn of Iinver runt rol reoardino the issuance Of liquor licenses. Failure to provide information requested may result In denial of the application. Loose Ends on 10 _ March 1 19116 trade mate o e o apD I Ica on April 1, 1986 ;A oroxl 784-5555 Tiuns ng period phone, business _. Type or Application: Mee Renal x❑ Transfer 2 Steven M. Hauck 477-9i4g Tom —or apD cae phone, home 3. 1080 Hollywood Blvd, N. M. COOT Rapids MN Simi 1 MSS t S /. :)ct.olmr Id, 1948 Minna �1 i9 MN date 0 birthD ate O rt g, - T75 H:yhway 10 Meunds View, MN 55112 address of business OCa OT 6. legal description EAST 294.8 It of NE hot NEN of SW 1 Section 8 Township 10, Range 21, lyin4 NE of U. S. Highway 10 /. Sunday liquor sales: yes x no SeaLiny cep.ciLy: IT. List owners of Wilding or premise to be licensed: James A. Loosen 9, nil lmore west, Inc. corporate or par 1MrS D t-Tdr 6030 HAyzaca Blvd. Minneapolis, MN 55416 corporate or Mr n D a r[ss 10, List all partners, officers or directors land titles), if corporation: name a title address date Of birth Steven M. Hauck Pres/Sec 10049 Hollywood Blvd 10-14-48 David E. Arone VP 1112 Highcreet !2-01-51 11. If this is a transfer application give mesa, address, of persons, partnersls'p or. corporation holding license for the past year. Loos[o, Inc. 2375 litghw.Ay iu MoutM11 view. MN 5�112 i2. who otms CM tavern fixtu"sl Sane as III 13. Whit vending or Mechanical &%SI emt device company has or will have Hchines on the licensed prmise? Advaneo Carter 111a prese-t la• Are you a Minnesota resident? ElYetr t0 If rot, .here resident. _ dates of residency 15. have you ever been convicted of violating Federal, State or Local liquor laws and/or regulations? yeS rx Ito U if yes explain fully on separate slheeeet of paper. 16. List four business references currently familiar with you and your Dual Mas interests. Name Address Phone Colorbrite, Inc. 6010 Wayzata Blvd MOB 546-4419 , Intn'1 Packaging, Inc. 6030 Wayzata Blvd Mpis 5e6-5419 S. T. Posen, Attny 7500 Boone Ave No BP 424-2486 Ken Struve, CPA 603u Wayzata Blvd Mpls 546-1419 17. Applicant, a.vd !AS [ssdCIS05 10 this appliCatlos, will strictly cosply with $1 the Lan of the State of M1011e10C. governlnaqq the taxation and tIW sale of lntoz- Icatlnq iqucr; rules and regulatiors pruM6194ted by the Liquor Lontrol COMII- sioner; end all ordinances of the Municipality; Ana f hereby certify that I have read the foregoing Juestimns and that the answers to saih questions art true of *y own know edge. I further uneers AM C1at an Invest.gaaen fee hot to exceed S500.00 shall be charged an arpliGnt by the city or county if the Investigation I, cunducted within the state, or the cost not to exceed f10,0011.P: If the lnvn- ligation it required outside the state. Signature of Applicant Subscribed and swrn to before Me this Gig day of E`rtl//MrM 19�. y-.ztLd� ro ry pu C My come fission expires rv-1 wi��. NrKx 3 • xS �utw h" Ml, s Nla..vu lw+a +w+MiM� WI YYa W SS . — ^:hew Branch Agency, Inc. .so Ton Gntc: ,130 Tenth Avenue South Minneapolis, MN 55414 Pillmore Nest Inc. UBA Loose Ends on 10 2375 Highway 10 Mounds View, M 55112 IIPInYWUfS Hn1 OYx[11 ofMWrMYe SIwdli NHOYe nwYG wM"s w1�M. CYNYP[xIUT, Pr1a «o woe, 01{Y[N VPMNw Prwn III[em1YYb N.PP be c'"'aPSM low, M YM1I] IA Wlllflrl I,MI M P,U .iw,Hx]I NH/111U IYIp1Y4MHM W/MD PPD(YH 15 � Win I II U (MIIIP111'iln rMIHYa co.m. IUe N]INUYII wo,,.. ,ow n11Y'[Yt, owW .MINI.' CUNT NI[!DY( NIAIM4 lit M morowEiwitm (pp111 N(Y]IY[ 1�)1111 I1W I mM I� PIIN uw D y,11YN1I, low NIMj Y1MMUYII'QI .• 1.: rrY J e ENKOycRStlAruTy -- OtHEN 1 Liquor Liability Pending Issuance COMPANIES AFFORDING COYENAYU i 111�"N"r A I)yna Span Corporation —� c/o Agency marketing, Inc. D IIIN nw+w r II IIIN v nix -- -�^ E _ IIIIIY Ir"'Osm—Olirce-al MnwIY a,q,epHrennnl l„inn lenO lHn TSy pet" . M.YINYY[Y M4eY0 M M" { • � t n OYMN { _ InwluN nH" OC<IIIIM ,HI __ _ YM/V MI, NM14.1 S 1 nMYM r wl,Mr 1Np 1 M1 NIr fYYHC1 { / i Ml„NM D 11 NYhM wH,N, 1 .n�rwY,Yr S iIN �11 M][M gpSAA r t �IY.N M.l�Mfl M Nwr MNIM AYU 1 IVMHy NI r IMYH(J MN hxm, wrlNr Hqu �'WYNM1 r1Y,MA 1 t �IIM,Ibr.I 1 $250,000 Combined Single LIMil 7/:187 com OMpMa00n, Shovid endea,o alto mail ve In days writtePolicies ben notice to thene the below named Uri bcJ ie holder llal ure u mad such notice Shall impose no obligation or Ilablbty of any kind upon the I Omisaay. NY,I rY1 nIDQSSW CI PINL'I N01WY ,yll i]]IY„_ 316/86 - City of Mounds View A 2401 Highway 10 9 W�4 St. Paul, I01 55112 /L`�� I CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE. OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE, IS HEREBY GIVEN that the Mounds View City Council will meet on Monday, April 14 at 7:05 p.m. at Mounds View City Hall, 2401 Hiqhway IU, Mounds View, Minnesota 55112 to consider the transfer of the on -sale intoxicating liquor license for Loose Ends On 10, 2375 Uighway 10, Mounds View, Minnesota, 55112. Anyone desiring to be heard with reference to this matter may he heard at this meeting. Donald F. Pauley Clerk-Administrot,,v (Bulletin: March 12, 1985) PURCHASE AGREEMENT r THIS AGREEMENT, made and entered into this __ day of 1986, by and between LOOSCO, INC., a Minnesota corporation, hereinafter referred to as "Seller", and STEVEN M. HAUCK and DAVID E. ARONE (or a corporation to be formed by them!, hereinafter referred to as "Buyer". WITNESSESTH, that in consideration of the mutual promises and covenants hereinafter set forth, IT IS .AGREED AS FOLLOWS: 1. The Seller agrees to ePII to Rnyer, and Buyer agrees to purchase from Seller, the business known as LOOSE -ENDS ON 10, including furniture, fixtures, equipment, trade name, good will, and covenant not to compete, all of which is located at 2375 Highway 10, City of Mounds View, County of Ramsey, State of Minnesota. A current furniture, fixture and equipment list is attached hereto and labeled "Exhibit A". 2. The total purchase price to be paid by the Buyer to the Seller is � 4@NVl0 (0) Dollars, payable in the following marner: a. � � Dollars earnest money paid herewith, the receipt of which is hereby acknowledged. b. Dollars in cash at closing. C. The balance of 4110010100) Dollars shall be payable in monthly installments of ) Dollars or more at Buyer's option, including interest at the rate of ten (10%) percent per annum on the unpaid balance. Payments shall apply first to interest and the balance to principal. The first payment shall be due and payable thirty f30) days from the date of closing and then be adjusted to be due and payable on the first day of each calendar month thereafter. Payments shall continue in t'e aforementioned manner until all principal and interest has been paid in full. There shall be no prepayment penalty, provided, however, the prepayments shall not be made in any manner which shall be inconsistent with the provisions r. of any previous contracts outstanding on the property in which the Seller herein is a party, or in the event that the sale is being treated by the Seller as an installment sale for income tax purposes. The balance due shall be secured by a Financing Statement, Security Agreement and Note to be executed at the time of closing. Said Note shall be personally guaranteed by the Buyer. In addition, Seller agrees to execute and deliver a Bill of Sale covering the fixtures, equipment, furniture, appliances and personal property to be described in "Exhibit V . It is acknowledged that said property is included in the sale herein, but shall regain as collateral security for performance by Buyer. It is further acknowledged that title to said personal property is also pledged as collateral security for performance under that certain Agreement dated January 3, 1983, by and between D 6 M Investments, Inc. and Seller; and under that certain Contract for Deed dated SepteMber 18, 1981, by and between Albert J. Hartinger, Kathleen E. Hartinger and A b J Realty, Inc. as vendors and D 6 M Investments as vendee; and under that certain Agreement dated Au.Just 29, 1979, as am�nled on Septemr,er 18, i.981, betwee.i Joseph F. Hartinger and A 6 J Realty, Inc. ana Albert J. Hartinger. 3. Buyer acknowleelges that they have inspected the buildings, structures, improvements, furniture, fixtures, appliances, equipment and personal property being sold hereunder; and that they accept the personal property in its "as is" condition without any further obligations on the part of Seller, except to deliver the premises and all appliances, heating, air conditioning, coolers, wir.ng and plumbing used and located on said premises in good working order at the date of closing. -2- 4. Buyer must carry Dram Shop Insurance, as required by the City of Mounds View and State of Minnesota. City of Mounds View requires a minimum of $50,000.00 and $100,000.00. Proof of such coverage shall be given to Seller. In the event the City of Mounds View or the State of Minnesota shall require additional coverage, the Buyer will obtain such additional coverage and furnish Seller proof thereof. S. Seller agrees to furnish Uuycr wish a list of all creditors pursuant to the Bulk Sales Transfer Provisions of the Minnesota Commercial Code. In lieu of sending notices to any creditor, Seller covenants and agrees to pay all creditors. Based on this warranty and further based on the additional warranty to the Buyer from the Seller that such payment will extinguish that creditor's right to claim against the Buyer's premises and goods based on violation of said Bulk Sales Provision, the Buyer I hereby _!Ves the requirements of the Bulk Sales Provisions with regard to each of the creditors who will be paid in accordance with this subparagraph. 6. This Agreement supersedes all previous acreements. 'I 'he Sealer has an ongoing employment/service contract with Thom Sweet (DBA ICE Agency) for furnishing band hiring and supervising services. Buyer agrees to continue this contract for a minimum of six months, at which time Seller will pay any applicable termination fee if Buyer chooses to terminate Mr. Sweet's services. B. At closing, the Buyer agrees to purchase inventory, including all building maintenance supplies, bar and kitchen ' supplies, food, beer and liquor. In the event any inventory -3- is found to be obsolete, the Buyer shall not be required to e0R purchase same. Prices shall be the lowest of cost or wholesale. This transaction shall be completed on day of closing. 9. All utilities, taxes and licenses, where applicable, shall be pro -rated as of the date of closing. 10. Seller covenants and warrants that all fixtures and equipment on the premises are in good and operacing wnJi:_v at the time of closing and will meet all ordinances and codes of city, county, state and federal requirements, and Buyer, or his agent, shall have the right to make reasonable inspection of the premises prior to closing for this purpose. 11. The closing of this transaction shall be held on or before April 1, 1986, or as close thereto as can be accomplished. Seller agrees to deliver possession of the premises on the closing date, or other mutually agreed upon date. 12. In the event this property is substantially damaged or•destroyed prior to closing of the sale, it shall be the Buyer's option to proceed or declare this sale null and void, with all earnest monies paid to be retuned to Buyer. '13. It is acknowleuged that James A. Loosen, as employee, officer and director of Seller, has managed, operated and rendered valuable and indispensable services in connection with the operation of the on -sale liquor business known as "Loose Ends On 10", at 2375 North Highway #10, Mounds View, Minnesota. As part of the consideration of the sale herein, said James A. Loosen covenants and agrees that he will not engage in the management, operation or conduct of an on -sale liquor business of the same type and character as the present on -sale liquor business being -4- sold here.n, either directly or indirectly, within a three (3) mile radius of 2375 North Highway t10, Mounds View, Minnesota, ' fuc a per:cd of thr- (3) years, w;t.`.out first obtaining Buyer's written consent thereto. 14. All employees' accrued vacation pay and other accrued benefits are the property of and the responsibility of the Seller. Employment contracts, if any, are the property of and the responsibility of the Seller. All accounts payable are the responsibility of Seller as of the date of closing. All cash on hand, bank accounts and accounts receivable on the books as of the date of closing shall remain the property of the Seller. The Seller shall be responsible for all federal. state and local taxes, including social security, unemployment and state and federal withholding deductions and taxes as of the date of closing. 15. Buyer agrees to maintain fire and extended insurance ' coverage in a specific amount including liabilities, where applicable, at least in the interest of the Seller as the Seller's interest shall appear. Buyer shall, at Buyer's option assume the Seller's insurance coverage at the time of closing, in which even. the premium payments for insurance will be pro -rated as of the date of closing. 16. This Purchase Agreement is subject to and contingent on Buyer securing all licenses necessary to operate this business in the same manner as the business is now operated. Buyer shall use eery effort to expedite all license applications required, if any, and to procure said license as soon after this Agrement has beer, signed and executed. In the event Buyer cannot obtain saiu licenses, this Agreement shall become void and of no effect, -5- and all earnest monies paid herein shall be returned to Buyer. it. 'rne Seller, tnrougn its principal shareholder, James Loosen, herein agrees to assist the Buyer in the orderly transfer of the business and for that purpose will make himself or a repre- sentative available for consultation for a period of two (2) weeks after date of closing, at no cost to Buyer. 18. This Agreement is further subject to, and contingent upon, the Buyer's satisfactory examination of all books and financial records of the business being sold. The Seller shall, within a reasonable time after acceptance of this offer, furnish to Buyer all such books, ledgers, journals, receipts, etc., as Buyer shall deem necessary for said examination. The Buyer shall have ten (10, days after receipt to examine the books and financial records, and to re' -ease this contingency. If the Buyer exercises ' this contingency, he shall notify the Seller or the Seller's agent in writing, and upon such notice, this Agreement shall become null and void, and all earnest monies paid herein shall be returned to the Buyer. If the Buyer does not exercise the option in writing after the examination, as provided herein, this%contingency shall be considered removed and the Buyer shall be deemed to have waived his right to void the Agreement for this reason. 19. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. The covenants, terms and conditions of this Agreement shall be, and hereby are, deemed to survive the date of the closing of the transaction contemplated herein. 20. The parties hereto acknowledge that the Seller and -6- its principal sharenoi�ier, 3eme-s A. Loosen, a:e - lawsuit in Ramsey County District Court involving a dispute concerning the acreage purchased from a former owner. Seller and James A. Loosen shall retain all rights in said lawsuit and r.o interest therein is being transferred pursuant to this Agreement. 21. Buyer acknowledges that a portion of the present parking space utilized by the business is owned by Clark oil and is used by the business pursuant to a tenancy at will and that Seller does warrant the continued use of such property, but does not agree to hold Buyer harmless from any claims for delinquent rent of such premises through the date of closing. 22. The parties hereto ackrowl�dge that the land and buildings wherein the business being sold is conducted are leased from James A. Loosen and Arlene V. Loosen, husband and wife, ' by the Seller pursuant to a Lease Agreement dated January 3, 1983 The Seller agrees to terminate said Lease Agreement upon clos.ng of the transaction herein contemplated and this Agreement shall be conditioned on Buyer entering into a new Lease Agreement wit!, James A. Loosen and Arlene V. Loosen on terms and conditions satisfactory to Buyer. 23. Buyer shall not sell, transfer, assign and/or convey title, or any interest therein to the personal property being sold hereunder, either directly or indirectly, by assignment, contract for deed or in any other manner, without first obtaining Sellei'b prior written consent thereto, which consent shall not be unreasonably withheld. Seller's consent shall be conditioned upon Buyer paying Seller not less than -7- uoiiars on the unpaid principdi bdiance uuv unuet ti,e Note which g' shall be paid either prior to or simultaneously with the transfer 14 of title as aforesaid, and furnishing Seller with evidence of the new party's financial capacity, including but not limited to financial statements as may be reasonably required by Seller. 24. Nowithstanding the foregoing paragraph, Buyer shall have the right to cause a corporation to be formed for and on their behalf to own and/or operate the on -sale liquor business on the subject premises, and the issuanc: of stock of said corporation shall be permitted hereunder, provided that all shares of stock of said corporation shall become part of the collateral security for payment of the deferred balance hereunder. 25. No remodeling or reconstruction work on the premises exceeding Five Thousand ($5,000.00) Dollars per yedr shall be ' performed without first obtaining written consent from Seller, which consent shall be solely conditioned upon Buyer furnishing Seller with evidence of ability by Buyer to pay for the remodelina work in full. Buyer covenants and agrees to save and hold Seller and the said premises free and harmless from any claim or demand fromt•third parties and will further defend any lawsuits which may be commenced to enforce any claim of mechanic ,lens, which claim arises from work performed subsequent to date of closing. In the event lien(s) is/are filed because of dispute or otherwise, Buyer shall within thirty ( 30 ) days after demand from Seller cause the removal of such lien(s) by payment of such claim, postii,y of bond or such other arrangements which will result in the discharge of said lien(s). ( 26. Except as otherwise provided herein, Buyer will not -8- be assiming the liabilities of Seller. Seller agrees to hold harmless the Buyer from any obligation on said liabilities. Seller warrants that all taxes relating to Seller's business have been or will be paid by Seller. Seller agrees to hold Buyer harmless from any obligation on said taxes. .3eller agrees that all wages and employee benefits will be paid as of th? time of closing or will be part of the adjustments to the purchase price at closing. 27. Seller warrants that there are no judgments, liens existing, nor actions or pr.ceedings pending or threatened against it which would interfere with or prohibit the sale herein to the best of Seller's knowledge. 28. As security for payment of the unpaid balance of the purchase price, Buyer shall execute and deliver to Seller, at I the closing hereof, a Security Agreement, in the torm o, "Exhibit C" attached hereto, and Buyer shall execute end deliver to Seller a UCC-1 Financing Statement, in the form of `Exhibit D" ar.tacher' hereto. Said Security Agreement and Financing Statement shall provide Seller with a security interest in the on sale liquor Yicense and all other licenses issued by the City of Mounds View to Buyer pertaining to the operation of the business. 29. The terms, covenants, conditions and provisions of this Purchase Agreement shall survive the closing and shall extend to and bind the successors and assigns of the parties hereto. we have carefully inspected and examined, or will be inspecting and examining, the above -described property and equip- ment, and have satisfied ourselves that they are as represented, and hereby agree to purchase the said property for the price -9- and upon the terms contained herein and also agree to the conditions for forfeiture stated herein. BUYER: Steven M. Hauck Dated: MAN 6 W6 David E. Arone Dated: MAR 61586 The undersigned, the owner of the property and equipment described herein, hereby accepts this sale and the conditions and its agreements contained herein, and also agrees to the conditions for forfeiture stated herein. SELLER: LOOS INC. By e_q— •,�-�J Jai s A. Loosen, President -io- �..r FN IwF I., M.,•..I rY..W 4NMr1 •�." r•••.• •, •.. .r. u.. ��� gi$T11MItllf. II. r./. •A.• .1.,« ../ l4 as Gy.,nd bu,F James A. Loosen and Arlene V. loosen, husband and wi f., 4,rnYwff. 1..d1.4 L.....r .xw•I awes_../ is. ....... 1 ,,,,. 4• n ux/h r . dh , L..... I It'1 tA'A'4.f ArN, Tk.1 MI rid yF,W-../ 14. (lnl pvl. IF •xF.ld• mlrxF ,./ I A. f.Fl. NNd ...... ux 1. AYf.IM../LI M.F InN..II. dl,� Af/!M1y /FMU4 L,Vn w..d f.•I.Nix IA, —141."—./ Ia..n 4 µ✓I. w+d 14, uF.l µrrl _ JOIAr n.x+d /Yq, d„ Aa I., bf• x.d I.,1. /rou. 14. .xn/W✓IIV nIIM IV.I /Vtl. II. bJlxwlF(dn.,14.d eo-Mur'.. qI+FL•d.w Ib I}IY'r/ +Ib foFY/y u/ Ramsey +Yd ""1' u/ Minnesota •: Land and building located at 2175 Highway 10, Mounds Vier, Minnesnl Land ronsisttnn of approximately 2.5 acres, and building known as loose SndsonlMlegally described as The P.tet 294.s feet of Ihat part of the NrNof the MB 1/4 of the SW 1/4, Section e, Township 10, Range 21, lying North- osterly of United States Highway No. 10, Ramsey County. Minnesota. ..r «.\�....... r.........L r.. �twelve 1121 � ... nJec .•rL..._ .. To operate a bar and restaurant or other commercial enterprise as desired. •.....rr.....•r.. I.'. Port y-No Ilund red and Twenty and 00/100 us•• 4, 220. 00 month I .... IL _. Party -Two Muadred and Twenty and 00/100- - - - - - - - - - - - - - - - - ----0,220.00 first .11..... �.,..,....... deslgnaled from time to Lima •. .u.. n .N.xnr•�J•r r.r .. +.r ...r•. .. r.wY rw. rl r•YY • r..,.MJrr A.w.IJr...1.r..L..W..,.r.. Jr•..r,L •rl .r..•�..«4 .J rw Jr W.I.L ...N •. .F I.r• i,.a.., y.rr.r�rrr� r.Y.r...r �Vw.•.•ITL .r I.r. rr.. Mnw,.r ..r... u.L..J rf r .rr. r. P•�-. r. r^a.J...L..J•r..J..l l..r r,�•I...y yrl J....r .r.•..... al.n�•r.ril,M,YrIY r.N.... N...,. Y.. ....+rr•.we. nr .r..rwn. r.l....rw.ti.r.r .r •Y r..r. aIr rIMiM.,.u. ....,r. ...,ry «rr Ya T.r.r .M r.n rr.. rI F►.w.rlY n r,.... a.., wr.,r.. r.... r.r .rl-r.N..,r......_.r.. a. o... •.rll .wrn..+ . r.J lw.. .... .•J Mwrr.r...r.rl.r•...M ar .r •,wrrrrrw...r xrnYr. r`IY .Y I•r. r • i.4 ,...• .r......rJr,,..rr. .rr,...rrr--.. M..L.w.•+Yn .. ~rl•r..r. LM.Jr ..w•..N.N I.r ..�v'. \..r rl..wrn ..... Y.N N.ry M.y w. ♦rw.,.t. F..,Yw .r ,V.Jxr IY.N 1r, .. L .NL...L �.. rl i...r.l wuY.v�.Y....M.r..... r,. r,.r.MW..n.M•rYtiu4.v �r.IY! wM../ irW x.w Jr.. brr •�.. h �. Ny 4.Y n�J J /ru .. W w •..Y,r J...r J r Iwy.+.. L... i.r ...,rl,.r .....ar.rJrl l.r. �.JW+..�....•wFn ....rw1`......rw.-.�... ..rw+•, MrY r...~.,Wd r. r.....�Y Y... ... Y..nr ....F....r.Yr......rr.«J..rr N...L.r .Y .. ..,..r..... rw u.-.. r..xr It i• furt ��: 9re^J that the Buler atlacheJ hereto ]a made a P." oC thu �..M�.wwJm.I♦wr..rJ �"•�\N.i �„yrJ xwnn. �..nk. lYMw�MY\� u NJyn Mjn.r.wl.Y.u.wn.rY \.wr`�l�- .J 1..-...`•xyu ••,.. _.r •-w •w � w.r.,w _r.r .J.._•• wJw`.J 11 -. M• x JJn�• .wn N x s�.n�. •J.w .rw`Y.J ww x..-Tr^'. _II. ..J x• r�...w �rw-n . \.IMI -n 41'l� l.� m nI`Y`� n'n' M•xY.J•y. /1 .w w 1... •Yx. ' w.. 4lrr.w`. Wnlr•ww r.1.r....w...J�%�••�^•wr". 'O-'jr'/�••xw�'-.` .n .. urs« nyalNu. AI;yNI W 1.kDl.akNt Ir I.4. n w I,.ww u.ln �M 1•-w� JrrAn.l w. w1.M•.. v..w.l tl. 4n!•'V "^"~w�. 4'xl •' \nn MY.l 1 W Iw• d wLb,l ]•.w WY. all. Y 1 .wrvi lNk lln l AI lNUW Lkp.MEMf M 1 \MlIM ]t NIN lw Wn .x .1.1 r lbl 4•.. �V ..qn�r iyy n..J Jlmd 1•� l► l..w ne.',Ml 4..ww.V•InIV JJ. x•. e.n.ax.l 4, n�YJwl d 1. u1n1.11Fw•l^l•. w.l lW Vnl .w`nuw u.. .. Ir IM Iw. wl wl •h I J 4rnwV xrlaJ'xl w1Y'^,1••♦"r.l aM..4.x.l.w .b..J.y.l ...liw.ux. xi. wl IV' wl \dn. IVb I>LAL 1'1 AtlN:NMfM 1 "m.nl wl.+�nF Onnua. 'l�a,�Y• l rw d ll. nn4lrs m I`1 1\l�•1 M W g ? W � I' 1. Lessor -Tenant obligation. It to understood that nothing in this Lease contained shall create a partnership or Joint venture betwesn the Lessor and the Tenant or render the Lessor In any way responsible for debts or losses of the Tenant, the relationship between the parties being that of Lessor and Tenant only. 1. Tenant Shall pay all charges (or weer, electricity, gas, telephone, Savor, garbage removal and other utility services furnished to the doml Nd promisee during the period of the Lease. 1. The Tenant shall pay all taxes and assessments upon the demised promlses, and upon the buildings and lmprovcmentn thurcon, whlct are assessed during the Lease term. All taxes assessed prior to but payable in whole or In inmullmontS After t.te of'ectivo date of the Wass Lora, SAJ all times Axacnxad during the tat& Lut puyable In whole or In Installments after the Uses term, shall be adyuted and prorated ao that the Lessor shall pay his prorated shares for the period prior to and the period subsequent to the Lease term and She Tenant shall pay its prorated share for the Lease term. t. Tenant shall, during the entire term hereof, keep all buildings and improvements in or appurtenant to the demised premises at the coerenceiont of the term and thereaft., erectnd or placed thersen or therein, Including all alterations, rebuildings, replace- ments, changes, additions, and improvements insured for the benefit of Lessor and Tenant, and the holder of any first mortgage to which this Lease i@ subordinate as their respective interests may appear, against lose or damage by fire and other risks as are included under standard extended coverage Insurance, in An aggregate amount Which Shall not be leas than the full Insurable value thereof, In such form as shall be satisfactory to Lessor and any such mortgages, all of which policies shall provide that loss, if any, payable thereunder shall be payable to Lessor And Tenant and fee mortgagee as them respective interests my apikar. Such policy shall contain a clause that insurer will met cancel or change the insurance with. ' out first giving the Lessor ton (10) days prior Written notice. 5. LIABILITY 1NSURANCF. Trs Tenant agrees to carry public liability and property darbge insurance in a company satisfactory to the Lessor, and to add the lessor an now insured a Allen policies a..d to furnish a Certificate of Insurance for .,ny such Insurance to the Lessor. The limits of said policy or policies to be not less than $100,000.00 for bodily lojury or death for any one person and 5100,000.00 for any one accident and the limits for property damage to be ::ot less than $50,000.00. S. MFCIIANIC'S LIEN. Lcasor shall not bo IiALIr fnr an, labor or ri7 Uiu��Curnishod or to be furnished to the Tenant upon credit, and no mechanic's or other liens for any such )oboe or materials shall attach to or affect the reversionary or other estate or interest of the Lessor In and to the premises herein demised or any portion thereof. 7. SUBORDINATION. It is further expressly understood and agreed t ath s ou the Lessor so require, this Lease and the terms thereof dull be subordinate and inferior to any and all mortgages, Including blarket mortgages, now on the promises or any removal, extension or modification and/or consolidations thereof, and shall also be an inferior lien on the promise., subject, subordinate and inferior to any and all mortgages, including blanket mortgages, which may hereafter be raised or placed upon the Said promises. The Tenant hereby agrees at any time during the demised term to execute any and all subordination agreements which my be required of it to subordinate this Lease as hereby agreed, and do hereby appoint the Lessor, its Servants, •gents, aq,loyccs or &*signs, -i attorney-in•fact with full power and Authority to execote, acknowledge and deliver any and all papers for the purposes herein set forth If the Tenant upon demand fall@ so to do. It Is agreed txuween the parties that If the Tenant keeps all of the covenants of SAiJ Lease, his peaceful and gulet l rlaessinn of said promises for the term aforesaid is covenanted by the Lessor, their heirs and assigne. 1. PLATE CLASS. It Is further understood and agreed that if at illy tiumi any of the plate or other glass In the demisod premises shall be damaged or broken from any cause, the Tenant shall Immedi- ately replace the same at its own Costs and expenses. The Lessor My, At its option (but shall not be compelled so to do), obtain Insurance on the plate or other glass in said promises during the full term of the Lease, the premium of which is to be paid by the Tenant, and upon the failure of the Tenant to pay therefor, the same shall be ccnsidered am rent end be added to the rent of the month next ensuing, and the Lessor shall have the soft rlgh (a and remedies upon the non-payment of sawn as upon the non-paysvnt of rent. 5. STRUCTURAL REPAIRS. Anything to the contrary herein contained, Lauor at_a_siooi own coal shall during the !u11 term of this tease repair the structural and exterior roof, structural and exterior walls, except the doors, the windows and window frafts, structural !loon except any floor coverings, and other structural portion@ of the said buildings in which the domised premises are located. 10. REm0DELIwG, it is understood and agreed that Tenane is leasing th- wi—Mn described pcewlmes 'a■ is' and that the Lessor is under no obligation to make any repairs or alterations to the prcr..l ac e. Should the Tenant desire to do any rcm4dc'ing, all piers shall be approved by Lessor and such approval shall not be unreason- ably withheld. Al. work to be done in accordance with City and State Building Codes. 11. WAIVER OF SUBROGATION. That neither the Lessor nor the Tenant '•Trail—be-7inbli to the other for damages arising out of the damage to, or destruction of said leased premises, nor damage to or destruction of the contents thereof, or any part of the building In which the leased premises are situated, whether causeu by fire or other Casualty against tM risk of which Insurance is procurabie, whether or not such Jamege or destruction be the result or negli- gence on the part of hither the Lessor or the Tenant; it beieg the uaderstandtng and agreement of the Lessor and Tenant that the rentals in the Lease have been .grad upon by the Lessor and Torant In ronter.plation that each of the said Lector and Tenant, shall, at their own expel $e, carry their own Insurance against such risks, and that Lessor and Tenant shai. look to their insurance companies fo: indemnity against any ouch damages, and their ,nsurance companies shall not be permitter' to attempt to rarich themselves by autrogatioa because of the fact that they _ollect insurance premiums; that neither the Lessor not the Tenant shall have any interest In the others insurance or the proceeds thereof unless specifically covered as joint asauredm. 12. ALTCRATIONS AND INSTALLATIONS. Tenant shall not make any iTteraToniTn oridJ tons io tlo leased promises nor make any Contract therefor, without first procuring Lesaor's written consent and delivering to Lessor the plans, specifications, and the necessary permits, all in form and substance satisfactory to Lessor, and furnishing Indemnification against liens, costs, damage- and expenses as say be required by Lessor. All alterations, additions, Improvements and fixtures, other than Tenant's trade fixtures, which may be "do or Installed by either Lessor or Tenant upon the leased premises shall be the property of the Lessor and shall remain upon and be surrendered with the leased promises as a part thereof, all without compensation or credit to Tenant: provided, however, if prior to said termination, or within fifteen 115) days thereafter. Lessor so directed by written notice to Tenant, Tenant shall promptly remove the addition, improvements, fixtures and installation which were placed In the leased premises by Tenant and which are designated in said notice and repair any damage occasioned by such removals. and in default thereof, Lessor way effect said removals and repairs and Tenant will pay to Lessor on demand, the cost thereof with Interest at the rate of eight percent 1/11 1'er annual from the date of such removal by the Lessor. 11. LEASE OF PARAIMG SrACE. Tenant acknowledges that a portion of the parkina spare of tbred by the buslnssA located on the demiand premises In owneJ by Clark Oil and that the Ln•.,nrww:n•I/nr the Lessor does not have An eaistinq written If•$, for the use of such space. Temant further acknowledges that If the use of such ' space by the business be terminated, it shall not be considered a breach of this Lease by the Lessor. The Lessor anrees to be responsibiv for any del: n.pn nl Ir.: n,• prym.•nl .wed ,'lark Oil through the date of this Lua ae, and 'renal:t .ulr,'1'r. tv in mxl+ulu.i Llr for any lease payments theleafter. 16. INSURANCE COVERAGE. Any Cate and extended coverage insurance obtained by Tenant shall insure the demiserl premises against firs end wl ,,is tot, for their full uaut al.lu v.:lue. la-ssor; O a M Investments, Inc.l Albert .1. Hettinger, Aathluen E. Ilartinger, his wife; A A J Realty, Inc.; R. J. Developers, Inc. and Joseph F. Hettinger shall all be named thereunder as additional insureds as their interest shall appeal, and each of said parties shall be entitled to rereive evidence of the insurance coverage. 15. ASSIGNMENT. Tenant Shall not transfer, assign, sublet or pledge this Lease or Tenant's interest in the demised premises without the prior written consent of the Lessor. As a condition of any such consent, Tenant shall reimburse Lessor for their reasonable attorney's tees incur-ed in conjunction with the process- ing or documentation of any such requested transaction. The consent to such transactions shall not be unreasonably withheld, provided that Tenant shall remain liable during the term of this Lease and that no uncured uciaultx exist of the time of the r•-quest and granting of such consent. 16. GUARANTY. Steven M. Hauck and David E. Atone hereby uncondi- tionally guarantee the performance by Tenant of Its obligations undt. Lhls Lease for the full term hereof. Steven M. Hauck i _ v 1' Da iJ E. Atone Steven M. Hauck 10849 Hollywood Blvd N. W. Coon Rapids, Minnesota 55433 427-9149 Born- Octoher 14, 1948 SS Number 474-50-7225 Married. Wife Nancy E. Hauck Children Brian J. Hauck age 15 Kristen L. Hauck age 3 Health: Good Education: Graduate of De La Salle High School 1966 Received Associate of Arts Degree, University of Minnesota in 1972 Graduated University of Minnesota 1974, Bachelor of Science deoree in Business/Accounting Attend approximately 40 hours of continueing education each year as required by the Minnesota State Board of Accountancy. Military Service Entered United States Air Force in 1967 Served 3 years at F. E. Warren AFB, Cheyenne, Wyoming Served 1 year at Tan Son Nhut Air base, Reputlic of Viet Nam AFSC: Military Security Police Security Controller/Laison 7th Air Force Intelligence Honorable Discharge March 1971 Profess.onal Interests Employed at Rosen 6 Hauck Ltd, Public Accountants, in 1971 t• while attending University of Minnesota. Became a partner and Vice President of Rosen Hauck in 1979 Licensed by the Minnesota State Board of Accountancy 1980 Member M uu,esota Association of Public Accountants Became a partner in Hauck - Struwe P. A., Licensed and Certified Public Accountants in 1905 Personal Interests Married May 16, 1970 Lived in Coon Rapids since July 1974 Lived at 2806 Northway Dr., Brooklyn Center, MN from 1971 to 1974 while attending University of Minnesota 1981 Youth Baseball coach in Coon Rapids Treasurer Coon Rapids National Little League 1979 President Coon Rapids National Little League 1980 - 1983 President Mississippi Elenentary School PTA 1983 Member Board of Directors Mississippi Elementary School PTA 1982 -1983 Resided at 4905 Thomas Avenue No. from 1948 to 1967 W Personal Interests Youth Hockey coach Coon Rapids Athletic Association house league 1979 thru 1982 Hockey coach in Coon Rapids Athletic Association at the traveling level 1983 thru 1966 Umpire district 1, State of Minnesota Little League baseball Umpire district 10, State of Minnesota Babe Ruth baseball References Mr. Neil Helin Capt (retired) Minneapolis Police Dept 4918 Thomas Avenue North Minneapolis, idly 554" `-'-°-11 5 Mrs. Ruth Jahnke 3455 Hayes Street N. E. 781-2460 Minneapolis, MN 55418 Mr. David Rosen 6030 Wayzata Blvd - Minneapolis, MN 55416 Mr. Dennis Jonnson 10711 Mississippi Blvd. Coon Rapids, MN 55433 q27-4926 Rev. Frank Decowski Holy Cross Catholic Church 1621 Un_versity Avenue N. E. 789-7238 Minneapolis, MN 55413 Mr. Fred Butkovich 7327 Ridgeway Road Golden valley, MN 55427 (2) 546-5419 �l 10 I David E. Arone 3312 Highcrest Avenue Minneapolis, MN 55418 781-0840 Born: December 3, 1953 SS Number 469-68-7058 Single Children: Chantel]e ace 7 Months Health: Good Education: Graduate of Grace High School 1971 Currently attending Normandale Community College, Speciality in Law Enforcement Military Service Minnesota National Guard 1978 - 1986 Professional Interests Employed at Arones Bar, Inc. in 19i1 Became President of Arones Bar, Inc. in 1980 and currently hold . •.o eamc pvbitivn. Held ownership interests in Corteau Motors of Granft Falls, Minnesota from 1979 to 1982. Personal Interests Member of St. Anthony Athletic Club Avid outdoor sp,)rtsman concerning hunting, fishing, camping 6 skiing. Prior to 1983, resided at 2847 Brighton Avenue N. E., Mp1s, MN Currenity owns Brighton Avenue property which is being held as rental property. References Lt. Hugh Rohrbacher Minneapolis Police Department Minneapolis City Hall Minneapolis, MN 30-294i Dwight Anderson DNR Northern Fire Center 1201 East Highway 42 Grand Rapids, MN 55744 218-327-1736 David Rosen 6030 Wayzata Blvd. Minneapolis, MN 55416 546-4419 Rebecca K. Wrest b030 Wayzata Blvd. Minneapolis, MN 55416 546-5419 MEMO TO: Mayor 6 City Council FROM: Finance Director -Treasurer Brager DATE: April 3, 1986 RE: EMPLOYEE. INSURANCE. BENEFITS On May 1, 1986 our contract with Group Health, Inc. is up fcr renewal. I have received notice from Group Health, Inc. that our rates will increase to $69.25 per month for single coverage, an increase of approximately 8.21; family coverage will increase to $187.85, an increase of approximately 5.6%. I propose that we renew the group contract with Group Health, Inc. for employees and their dependents effective May 1, 1986 at the above quoted rates. I further propose that an open enrollment period be conducted from April 8, 1986 throught April 25, 1986. In addition I have obtained quotations from Group Health, Inc. Iut VdLAUU5 dental insurance pla.^.s. A dental 1ncijrA nfP b18n has been requested by the non -union group of employees as well as the two union groups in the past. Approximately two years ago we tried to offer a dental plan but could not meet the participation requirements of a minimum of 25 employees. The Plan now being offered requires a minimum enrollment of ten employees. The City has been quoted several different dental plans which range in cost from $11 to $14.05 for single coverage and from $27.10 to $37.55 for family coverage. Staff proposes holdino an employee meeting at which the Plans would be outlined in allowing the employees to choose which Plan they would like to have ofterec. The resolution which authorizes the City's contribution to employee insurance plans should be amended as it states "The City will contribute up to a maximum of $167.50 per month per employee for Group Health and Life Insurance, including dependent coverage". This should he changed to include dental insurance. It should read "The City will contribute up to a maximum of $167.50 per month per employee for Group Health, Dental and Life Insurance, including dependent coverage". RECOMMENDATION: Authorize renewal of the contract with Group Health Plan, Inc. to provide employee health benefits effective May 1, 1986. Further authorize the offering of Group Health, Inc. Dental Program to City employees effective May 1, 1986 and modify Resolution No. 1981 to reflect the addition of a dental program to the employee benefits package. DB/ds Mtmu TO: Clutk-Administrator and City Council T FROM: Director of Public Works/Community Development / DATE: April 2, 198C SUBJECT: DEVELOPMENT AGREEMENT NO. 86-73 FOR SELF-SERVICE CAR WASH AT 2135 PROGRAM AVENUE Attached please find Development Agreement 40. 86-73 for the subiect self-service car wash. The City Attorney is in the process of reviewing this development agreement. If you have any questions, please feel free to contact me. SWT/bac CITY OF MOUNDS VIEW COUNTY OF Rmsn STATE. OF MTNNrcnTn MOUNDS VIEW DEVELOPMENT AGREEMENT NO. 86-'3 THIS AGREEMENT made and entered into this day of 19_, by and between the CITY OF MOUNDS VIEW, County of Ramsey, State of Minnesota, party of the first part, hereinafter called the "City", and party of the second part, hereinafter called the "Developer", W I T N E S S E i H: WHEREAS, the Developer, in consideration of a self - serve car wash at 2135-Program Avej,,un ' and the issuance of permits thereof, Hereby agrees with the City to perform all of the acts required herein and to conform to all of t'ie conditions set forth as follows: 1. wherever the word "City" appears herein, it shall mean and include the City of Mounds View and also said City's agents and employees; and wherever the word "Developer" appears herein, it shall mean the developer, and any of its agents and employees. Wherever the words "development site" appear herein, it shall mean the premises described in the following exhibits: Exhibit 1 (legal description) Exhibit 2 (site, grading and Utility plan) Exhibit 3 (Development plan ) ' Exhibit 4 (Site Survey �---) Exhibit 5 (ordinance No. 49A 7-ye rd performance bond of $1,000) Rev. 4/13/81 the City in the processing, review and evaluation of the proposed 00� 00 �11 ...nr6 r.nrfnrmad nursuant development anu au the ii.npC. • ..-- ••--._ c — - - - to said contract. Such costs shall include but not be limited to the administrative, legal, and engineering expenses incurred herein, and such other expenses as authorized by said Chapter. 13. Developer agrees that the City can terminate development of thedevelopment site or the construction of any building struc- tures thereon if in the City Council's opinion the terms of this Development Contract have not been conformed to by the developer and the said Developer herein agrees to cease construction and waives its right of recourse, claim, suit or action against the City. In addition, in the event the Developer fails to conform to '-he conditions of this Agreement, the City shall be entitled to __ enforce it pursuant to the terms of this cvuira�i ar,w �. the .= prc7= sions of the Mounds View Home Rule Charter, Chapter 26 of the Municipal Code, or applicable Minnesota Statutes. The Developer herein agrees that in the event the City is compelled to enforce any of the provisions of this contract by court action and judgment is rendered in favor of the Cit,, that all costs, disbursements and reasonable attorney's fees will be paid by said Developer, its heirs, successors and assigns. 14. The Developer shall furnish to the City at the time of the execution of this Contract a cash bond, a corporate surety bond, an irrevocable letter of credit or any other negotiable instrument approved by the City Attorney, which the Developer agrees to keep in full force and effect during the term of the obligation created herein in the amount of 10,000 (ten thousand) _ Dollars, wherein the -4- DEVELOPMENT AGREEMENT NO. 86-73 EXHIBIT 2A I In addition to .he foregoing conditions, the Developer agrees to the following: 1. Paved parking area to use B-6-18 curbing. 2. Concrete cross curb and gutter shall be installed at the entrance and the exit. 3. Payment of all City expenses above and beyond amounts previously submitted. 4. A light shall also be installed on the east side of the building. The light shall not shine onto the exit ramp. tux '1'Ht CiTz: ! Date: FOR THE DEVELOPER: Date: IfNAA o MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Community Development DATE: March 25, 1986 SUBJECT: STREET NAME SIGNS Attached please find the following quotes for street name signs: $2,670.40 1. Gopher Sign Co. 52,855.16 2. Earl F. Anderson 6 Associates As you may know, the City is in the process of replacing the old black on white street name signs with new reflective street name signs. Many of the old signs are fadinq. Twc years aqu we replaced the strc-et names signs in the southern portion of. the City. Last year, we replaced the street name signs in the eastern portion of the City. This year we plan to replace the street nimP ,fans in the northern portion of the City. The 1986 budget allocates $2,679.00 for this program. RECOMM�S?ON°CoI recoany mmend awar contract to Gopher SWT/bac PRICE QUOTATION if GOPHER SIGN CO. 1567 Selby Avenue St. Paul, MN 55104 (612) 645-5609 b. c Iar»iMrttlr Nf nynb.• CITY OF MOUNDS VIEW WA -AB 6 rM• N"v TO �••o.rto " 2401 Hi¢hway 10 3/3/86 Net 30 D Mcunds View. Minnesota (55112) 45-60 Days ARO ATTN: Steven Thatcher HERE 15 OUR QUOTATION ON THE GOODS NAMED. SUBJECT TO THE. CON DITI ON NOTED: _ CONW"ONS 14 pen «./ rr.n a Mn ew�m•w e.e .or rb.etr b x.bol rbangN O� 'M. oq•x.r.4 .n4x epp.o by IM .lo.•r olhu of lb. $.Ib. All .u«qo.. oM uq•x.e•n «. bn ".A"" l..r. e.mlobdny of .otrr.oh o.d oll orMr I... brwM ovr tonaol I•yo ore W don 1011 end mMey»r e.ip�nq an done oI q. wM •W o.e ..b�l ra 0.4, by rM Wly, briar '-"nl r rrgoHe Iygp.rgb•ol a...: M.n pepb.....on .0«reM •nM• o.r•ege m donege M m .". of r.n p.a.. ro M l..".d 1a D'.+ore Ivrtbov o+w.e+ bvMl.ry f.. pyem and ropy^qn� .nl..yr..nr .Mn gondf e.e "+ode ro "'hor..Why. ovwmon rpetdm .onnol ie M Iymu4d by r4 prrtbe.rr ..pl. aMo..R..•p 'e .•ode iw mawnob. 'M-1 q and ror.ml .mr be of ronnble ewln, ro 1«�1' me illy mni p,.d.m. Cadr•eN .« y J—Ily nand bye. doll M eo.axA by raobbf4d I1ed. rvVo-. I—,�aomnynr a. n ft. enlM 4•a «bd .oy eppa• on Ivtboy/I Iw.bl ade:.•P . be b. ., m r4 :.IN. -24 6" x Nec. Length, .063 Aluminum Single Faced Street Signs. White on Green Scotchlite facing, notched for G-100 brackets. $ 8.35 Ea. 50 G-146 BRACKETS LESS CENTER CLIPS 8.05 JA6� U7-200 7 FT GREEN CHANNEL IRON POSTS %5 (2 Lb's Per Foot) 5.30 All Prices are Delivered to Mounds View. $1870.40 402.50 397JO 53A:9e' _ �,786i:99 z�L7or♦o � I FARt F ANDFRSEN AND ASSOC., INC. • vr..ro wn«rwiEwar+n • en«siNr«v aT+l e� (^\ II• TWI-FrM WATS L.".BO6 M I 'W7 tI076 .612 Bet-7300 • L i' EIM • T'WW W wa M 001111 • ��a✓r E.n+a.+«rxi • rrMrc MrL+• I.aOae _ CanpMl• conwMaq. 6MV W~ Will Ynla411i MMOr. • ll c Srtlwr+Srry • 5aor+ea«s • city of Mounds View 2401 Hwy. 10 Mounds View, MN 55112 Attn: Steve Thatcher • QUOTATION Date 'larch 6,1986 Your Ref No. Street Signs_ TERMS Net 30 Days M To Be Arranged D we are preasw ,o 4uv.o ......- TOTAL QUANTITY DESCRIPTION PRICE EACH 224 i-450 Street Signs Plates SC/A7 w/G (per attached list) Punched a notched to accept E-450 Brackets 7.84 1756.16 50 E-450 Black Street Sinn Brar_keta T.acc rlinc I1 ). QS I hd7, 5n 1.9ft- 71 2M Channel Posts 6.02 _4aar•9? 1 i p1;678 451. 50 RcCEf VL' �, rbtr,�s vies �f `elf —lip�%' SUB TOTAL SALES TAX FREIGHT INSTALLATION 4 8 S.I( TOTAL B. Factory Q Deamutlon ❑ WE ARE AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER iSW�n .' 0 Days f_ after receipt of order .- NOTE This quotation valid for 3(' days 45rse�y Ps"" wrae for confirmation after that date YMike � I �iA.i its I � MEMO TO: Clerk -Administrator and City Council FROM: Director of PUDliC Works/Community Development/ i DATE: April 2, 1986 SUBJECT: FULL-TIME, TEMPORARY EMPLOYEES The 1986 Water Department Budget includes money to hire 3 full-time, temporary employees. Their respcnsibilities will vary from painting fire hydrants to helping Bill Hanson backwash the water treatment plants. RECOMMENDATION: I recommend hiring Geurge Pajunen for $5.50 per hour for 66 days. This position will start on June 16, 1986. George worked for us last year and his perfurmance was very good. This temporary position is in the 1986 budget under line item 700-122-4123. SWT/bac MEMO TO: Clerk -Administrator and City Council FROM: Director of Public Works/Community Development,. DATE: April 2, 1986 •/'" SUBJECT: FULL-TIME, TEMPORARY EMPLOYEF Attached please find an application for employment for Eddie Shofner. Each year the Sewer Department Budget,is containsyac funds t3 hire a full-time, temporary employee. the sewers. The salary for this position will he $5.00 per hour. The duration of this position will be 66 days. This temporary position is in the 1986 Budget under line item 730-121-4020. REC0MMENDATI0F1: I recommend hiring Eddie Shofner at $5.00 per hour fur maximum of 66 days. I recommend the starting date of this position be retro-active co 3/31/86. 4 SWT/bac rrTV ^C Xn 1T"I r %11 A A Va a'at]i%MA ja BOX 38 MARBLE, MINNESOTA $3764 PHONE (218) 311.7147 TO WHOM IT MAY CONCERN: Re: Eddie Shofner Ed Shofner has been a resident of the City of M>rble for several years, and during this time he has been an employee of the City on several work programs including his present employment under the MEED program, whirh is a six-month work program about to expire, There were many applicants for this program and the City had an Allotment of four, We selected Mr. Shofner as one o: ti,e four for employment in our city. He has always performed his work well and with diligence. His work attitude has made him a definite asset to our work force and I do not hesitate in recommending him to any future employer. I have know Mr. Shofner personally over the past few years, both as a neighbor and supervisor. He has always been pleasant, friendly, and respectful He is a leader among his peers, industrious, and willing to wer'A hard. Sincerely, i Elmer Sundquief „ Mayor AN TURN TO DATE PIECE yEf�NN[. G{FI[E CITY Of FMO YNOS VIEW ) IGNWAT 1C APPLICATION FOR EMPLOYMENT M, LINOS VIEW MN 56,12 COMPLETE ALL SECTIONS F VLLY YOU ARE ENCOURAGED TOSUEMIT A PERSONAL RESUME IN ADDITION TO THIS APPLICATION-1 POSITION E/� FI/fID OF OAK APPLYING FOR I PERMANENT PART TIME GATE AVnA,LA1 '.! I I L 71 ! I l TEMPOAARV :ART 430NAL �I / 4� 1 it HAST NAME EDDY EDD MIDOL( LAST NAME L tt �i1 : 1i f SOCIAL. SECURITY[ NO. L121; 5 , PRESENT Fl AM NT AO Afb UTv SIATE LP CODE NOW IONG> ,t6LII >r7Y tk-/ P,T+ v li of HOINE TELIP ONE [;E PI P VI S ADDRESS % DRIVERS LICE SE NUM\E � ND$ AT[ ANY PHYSICAL LIMIT�TAppTIONN IF b. EXPLAIN / YES ❑ NO Ip EDUCATION/TRAINING CIRCLE HIGHEST OAADEECHOOL HIGH SCHOOL COLLEGE POST GRADUATE GRADE COMPLETED t } S E 6 6 1 E S 10 11 Cj' 17 1E 15 16 1 7 MA PHD NAME AND ADORE" OF LAST HIGH SCHOOL DAT! CIF GRADUATION 'uVE YOU PASSED THE 6VFtNW✓ `/, / l,/Iod- Le //LI 0/ DID TEST? YEE❑NO❑ TYPE SCHOOL NAME AND MAILING &DORIS$ OF SCHOOL FROM TO MA:OA AND MINUR DEGAH COLLEGE' "ASITY all — -- UNIVERSITY COLLERSI VNItEASnv -- T?CMNICAL TECHNIC L OTHER ANY COAAFSPONOENCE COURSES, SEMINARS, WORKSHOPS, TRAINING SESE,ONS. I THAT MIGHT AE LATE —� LIST ETC TO THIS POSITION ALSO UST ANY LICENSES OR CERTIFICATES RELATING TO POSITION w c T L 4 -- EMPLOYMENT HISTORY L PET IMF LO IRS EEO INN NO *1 TN YOUR PASSE FIT OA MOST {[CENT EMPLOYMENT. ICOMPLETI OTHER SIDFI EMPLOY E IT NAME MAILING ADDRESS Zip CODE TELEPHONE NO l.D / � POSIT I L DOT$! P[Ri DRAPED IM4E0 EUFL RV qUR L / . EMPLOYMEJN,T AYES ASTSALARY EVIL TIMF ® REASON FOR LEAVING FROM L TO ' �l Z PART TIME ❑ � • MAY WE CONTACT YOUR PRESENT EMPLOYER OTHER EXPERIENCE/SKILLS MAILING ADDRESS ZD CODE TEL �NN4,U,rx/1� OUTIESPERFORMED IMMEO S FULL TIME REASON FOR LEAVING I / PART TIME ❑ ES ❑ NOff7 IF NO PLEASE EXPLAIN LIST ANY VNPAIO WORK. VOLUNTEER EXPERIENCE. OR MILITARY OUT' NOT MENTIONED MOVE THAT MAY RELATE TO THE POSITION `OR WHICH YOU ARE APPLYING INDICATE TYPE OF ACTIVITY, YOUR DUTIES, DATES INVOLVED. HOURS PER PJEER. AND NAME Of YOUR SUPERVISOR J v f, LIST ANY OTHER SKILLS OR EXPERIENCE WHICH RELATE TO THIS POSITION REFERENCES LIST THREE PE ASONS WHO ARE NOT Al LATER TO YOU AND WHO HAVE DE FINITE KNOWLEDGE OF +OUR GUAL,F $CATIONS AND FITNESS FOR T' E POSITION FOR WHICH VOV ARE APPLYING OO NOT RE PE AT NAV ES OF SVPF RV$SOT. DOVE r— FULL NAME AOORESSINCLUOINGCITV, STATE.ZIPCODE BUSINESS OR OCCUPATION E,Y nlp Alde ,% / l- I A. I HERESY CERTIFY THAT ALL ANBWENi IU I"c RPV+i wXP •w - ^^- --- — - ------ --- ---- - - --- STATEMENTS CONTAINED IN THIS APPLICATION MAY CAUSE REJECTION OF THIS APPLICATION OR TERMINATION OF EMPLOYMENT WITHOUT NOTICE OR BENEFITS. APPLICANT6 SIGNATURE {,�� 4 _DATE FOR INTERVIEWS A'S USE ONLY 4 MEMO TO: MAYOR AND CITY COUN FROM: CLERK-ADMINISTRATO DATE: MARCH 17, 1996 SJBJECT: 1985/1986 GOALS One of the conclusions reached during the recent meeting of the City Council, Department Heads and myself was that a reevaluation of the 1985/1986 Goals was needed. As a first step in the process I requested of the Department Heads their opinions of the process used to reach these goals and the utility of the goals themselves. As you can readily tell from the responses of the Department Heads, there is a unanimous feeling that the process should be improved and the goals need to be clearly stated goals rather than objectives. Each of the Department Heads has their own opinion as to how the process should work, but the most common feeling is that they need to be involved in all the steps in the goal setting process in order that there is a clear understanding by the Council and the Management Team of the goals fur the City. Finance Director brager is currently developing a schedule for preparation of the 1986 Long -Term Financial Plan (LTFP) in order that it may be adopted prior to preparation of the 1987 budget. He feels that an important part of this process is the establish- ment of goals which can then be used to provide the direction for the LTFP. Not only do I agree with this, but I must also agree with his position that the setting of goals should )e one of the first steps in preparing t;ie LTFP. I would suggest that we "Kick-off" the goal setting process by discussing at the April 7th Agenda Session the format you wish to follow in setting goals for 1986/1987 and the level of involvement you wish from the City's Management Team. DFP/mjs MEMO 'Ir1: nnnal'l Paulcy, Clcrk AdN isL \of M ROM: Bruce K. Anj Kson, '= ui Parks, Recreation— F Est' DATE: F'ebrudry 18, 1986 RE: 1985-86 Goals I havu reviewed the twenty-four qnal statements that were adopte1 by the Mounds View City Council in late 1984 and have the follow- inq reactions: i. My definition of goals is as follows: A qua: would be a specific description of an end result that is to be achieved. The goal must tell what the end result is, when the goal should be achieved, i.e, a target date or target period, and who is the individual or organization responsible for accomplishing the goal. As I read over the statements, they do have a completinn daf� and responsible person, but I feel they are very difficult to measure. It would be more beneficial if the City Council established a clear direction, either verbally or written and then provided written objectives for the staff as to how we might accomplish the goal statements. i have included a copy of one of the goal statements aad nbjectives that was pre- / pared tr M.R.P.A. which I feel is a better representation as to a specific goal and how the goal will bu accomplished. 2. Each of the department heads drdithrd a memo in early November regarding the status of their individual goals and is would be my desire to have additional feedback from the Council as to how they perceive staff to a�ccmplish those goals. 3. Specific questions relating to park and recreation goals would be as follows: a. Under goal Ib the Council requested that the Commission be rejuvenated; does this mean that we should be request- ing Commissioners who are currently appointed and not actively involved in the process to step down? D. Under park development, one of the gr,als was to put play- ground equipment in and tennis courts at Groveland Park. The question staff Aas is how are these priorities goinq to be accomplished without adequate funding; should staff identify possible funding sources? c. Under goal 111, you request that we maintain park and recreation service levels. staff has developed a park standards manual which has, hcen adopted by the Park Com- mission, but we d.. ,ui have dil,-quate tunds to mainta,e that level of park dnd recreation services. Should we then reduce the existinq service level or should we pro- vide alternative funding sources? -2- d. tinder goal 016, the youth center, as I stated in my November 8 memo, I'm still not sure what the Council's teeling is on this specific goal, and possibly we need to establish a task force, or get a Clearer direction from the City Council. Lastly, I totally understand and concur with your position to have the Council draft the, goals so that they have greater owner- ship i•i that process, I think it's an interestino management technique. But, unfortunately during the process, the department heads have been left out of it, and I personally don't feel com- mitted, or totally understand the goals as they currently have been adopted. This could well be an individual issue related to only myself, hilt I felt it needed to Ili! said. Should you have any questinns regardinq my position on this issue, feel free to contact myself directly at Pzt. 120. BKA/sll P.5 Please note how similar the attached 1977 City goals are to today's issues. -u- COAL I MRPA will provide a diversity of continuing education opportunities for its members and others in personal and professional development. These opportunities will be quality experiences and when possible they will be implementeu !r coordination and cooperation with other professions; organisations, colleges, and universities. OBJECTIVES I -A A Committee will he appointed to plan, organize and implement a 1985 annual conference during the month of November in the city of St. Paul that highlights current issues through a format of general sessions, educational forums and on -site institutes. This will be accomplished through a committee assigned by the president and will come within the adopted budget. I-B A committee will be appoint(r) to -.Ian, organize and implement a 19B!, institute of Professional Development during the month of May within the hudqet at a si,e to he ' determined by the committee. I-C 7`,c ccmn.ttccS will t.,o a; pcinted to idontif) regicr.,;l cr national leaders with proven expertise in areas relevent to MRFA members. Select two or more of these individuals and develop two seminars of one to two days in the months of July and September. The July seminar shall deal with a subject within the area of management. The September seminar shall deal with a subject of interest to therapuetic specialists. I-D A committee to be called the Continuing Education Clearing House Committee will be appointed to develoD a calendar of ongoing, continuing education efforts to include MRPA's program offerings, as well as, those of other related professional associations from, July 1985 through December 1986 by June 1, 1985. This calendar would then be published in the July Keeping Up. I Clts Cwt cil/Stall 7rainlug :.onslun Nv.•nAu , Iv a• m, rt!f TIN first asslgnaut luund tilt' city Council .utsw-rinc tb,• following two \ � qulrtlouc: 1. flow tire cnuncll sees cite City Strt1f. 2. flow Elie Council feels tilt' staff nt•vs them. Tile Staff:+ asslgnu.•n[ was: 1. NOW the Staff sees tbo City Council. flow toe Staff feels the City cri until me.•s them. following a group report, bath toe Staff' and City council had an opportunity to ask each other questions concerning tilt• groups pet—_epttons. This process served as an exccJlent "ice br.,tker" and opened up the Cbauuels of communi- cation between Elie Staff and city Council. Keeping Elie previous listings in mind, three shill groups were then formed to attawer Ewa gwc51.10119: 1. Areas the City Council Cou1J impruve it,. i 2. Areas the City Staff nu,ld improve in. The aru.ts of Inprovetmatt most frequentll listed wore as lullows: I, 1. The Council should have better, store frequent contact with staff to understand wild[ they are doing. (Allow im,re tiny for staff Input at Agenda Sessions). 2. Staff should attempt to better understand toe political aspects of issues and problems. 7. The Council should he imire spec'.-Ic concerning goals and organiz - I tional worts tasks, i.r. stronger readership. 4. Staff should prepare better background ddt,t from which Council can base decisions. A complete listing of the anall groups lists of tmpruvetnvus can be found In Addendum C. After reviewing the groups list of improvements, two small groups were then formed to work out detailed plans of action for two of the improvement areas. The two areas of suggested improvements were: 1. Mutual Council/Staff support in citizen relationships. 1. Improved reporting. A detailed breakdown of the groups plan, of action Is li!:red in Addendum D. I , J Cl ty Cowl. 11/J t.0L II., i n ti•s .,.,,tun -J- Nuvr u.I", 1'1 4 211, 1, The training participants then reviewed the city priorities that were established by the City Council and S W11 at the previous training bessiuns. Two gruupb were formed and then told at an1eu11da Le the City Cuwu it and Staff issue lists Into one mefur LINE. The lists were broken down into shun term, end long term goals. A Ilnal listlug of th,• lung range and short rali1•, 1 I priorities is as follows: J: I Group Participants - Staff and Council I Lung Hinge Vriu, Mei. 1. Capital improvement I1. Comprehensive Plan and zoning saps !� III. Maintenance garage IV. File district plan • V. Long range city service �I VI. Janes Field" Group Participants - Staff and Council I � Short Range Priorities 1. Janes Fleldli 11. Rate study (sever, water) jll. Storm water project IV. Lakeside V. Personnel policy m Janes Field was fe't to be a short range issue it, determine the Councils position on the proposed upgrading; and also included on the long range list to keep abreast of any future development. Dr. Cregg then instructed the group on how to develop team action plans. An action plan should include: 1. An issue statement 2. Objectives - what has to be done i 1. Who is responsible 4. Time line for both beginning and enling dates 5. A facilitator to insure that the objective is accomplished IThree groups were then torms:d to develop an action plan for both one long range and one slwrt range goal. After lengthy debate and discussion, six action plans were created, which are outlined in Addendum E. j Tile training session drew to , close with Dr. Cregg thanklni: the participants 1 fur their hard work and dedication to make the session a buc.css. MEMO TO: Clerk -Administrator Pauley FROM: Finance Director -Treasurer Braqer DATE: March 10, 1986 RE: 1985/1986 GOALS OF THE CITY OF MOUNDS VIEW The Department Heads were requested to review the 85/86 Goals of the City and to offer comments and observations upon them. In reviewing the Goals I believe that, with one or two exceptions, what has been set down as Goals are really objectives. In my opinion Number 3, Approved City Council/Commission Communica- tions, is a Goal. An objective to its accomplishing of this Goal would be what has already been done by the Council, that is, to invite Commission Members to Council Agenda sessions to discuss the Commission's activities. Ideally in a goal setting process the Council should set goals and then it would be incumbent upon the staff to recommend objectives by which these goals would be accomplished. I note that these are 1985/1986 Goals and would suggest that the Council discuss among themselves goals to be accomplished in 1987 and beyond. I strongly believe in the goal setting process and urge Council to continue this process in the future. It provides direction for City staff and enables the City to best utilize the resources availatle to it. I believe that the City has accomplished much through the goal setting and planning process. This process has enabled th? City to plan more effectively for maintenance and improvement of its utility systems and plan for street maintenance and improvements on an orderly basis. As far as the dctual goals that have been outlined are concerned I do not see a need to modify them as far as Finance Department goals are concerned. Should you have any questions please do not hesitate to contact me. DB/ds MEMO TO: Clerk -Administrator and City Council /yam FROM: Director of Public Works/Community Developmeni'v"'" DATE: February 21, 1986 SUBJECT: GOALS I strongly believe that we should reanalyze our goals. Let's review the City's existing goals. Let's revise and/or add new goals. Let's examine which goals have been met and which have not. Let's ask why have some goals been met and others have not? Let's set snort term goals, long term goals or both. No matter what length goal we set, goals cannot be obtained unless there is grass .oct uppoct and adequate resources. If either ingredient is missing, the goals will not be obtained. I believe goals should be realistic and obtainable. I feel good (and I'm sure you do too) when I meet my goals and not so good when I don't. I'm not saying we can't dream, because I am a dreamer. I have many dreams and I would love to share them with You sometime. Many of my dreams are my long term goals. I look forward to working with you on goal setting. SWT/bac rTO: City Administrator FROM: police Chief DATE: February 21, 1986 RE: GOAL SETTING SESSIONS You requested a critique on last years goal setting session. For the most part, I was satisfied with the process. I offer two suggestions which might improve the process. 1) Department Heads should give their presentation to the City Council only - other Department Heads and the City Administrator should not attend. 2) Have Department Heads attend the prioritizing session with the City Council - not to lobby, but to answer any questions they may have. MEMO TO: Clerk -Administrator and City Council r ' FROM: Director of Public Works/Community Development DATE: April 3, 1986 SUBJECT: PLANNING CASE NO. 186-87, MARCELLA RYBAR (STANLEY FISHER ADDITION) Attached please find the following: 1. Staff report dated 2/19/86 2. Preliminary plat dated 3/10/86 3. My memo dated 3/12/86 4. Planninq Commission Resolution No. 157-86 5, wetland Zoning Ordinance Staff recommends approval of this subdivision per Planning Commission recommendation. A public hearing is required for the major subdivision, wetland alteration permit and wetland map change. RECOMMENDATION: Publish notice in New Briqhton Bulletin on April 16, 1986 and set public hearing for 7:05 p.m. on April 28, 1986. Notice will be mailed to property owners located within 350 feet of the site. SWT/bac MOUNDS VTFW PLANNING COMMISSION RESOLUTION NO. 157-86 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE, OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING, PLANNING CASH' NO. 186-86, MARCELLA RYBAK (STANLEY FISHER ADDITTON), MAJOR SUBDIVISION ;GROVELAND ROAD AND ARDAN AVENUE, WHEREAS, Marcella Rybak has requested City approval of a major subdivision; and WHEREAS, the request is to subdivide the property into 10 lots and to grant a wetland alteration permit to fill a portion of the wetland; and WHEREAS, the preliminary plat satisfies all City Code requirements including Chapters 40, 42, 49, 49A and State Statutes; and WHEREAS, the development will be reviewed and approved by the Rice Creek Watershed District (RCWD) prior to construction; and 1 WHEREAS, Ramsey Soil and Water Conservation District ' (RSWCD) located the wetland on the subdivisinn in the summer of 1985; and WHEREAS, the wetland located by RSWCD is smaller than the wetland zoning district map in the City Code; and WHEREAS, City Code Chapter 48.92 allows the wetland zoning district map to be amended by four-fitths affirmative vote of the City Council; and WHEREAS, City Coda Chapter 48.02, Subd, 51c) states that all structures shall be sp,t back at least 100 feet from the wetland; and WHEREAS, City Code Chapter 48.06, Subd. 3(a) states that filling may be allowed when necessary for the use of property but only when it will not have a substantially or significantly adverse effect upon the ecological and hydrological characteristics of the wetland; and and WHEREAS, the existing wetland's size is 1.1 acres; WHEREAS, the fill will be triangular in shape and its size will be a maximum of 0.04 acres with a maximum depth of ' 1/2 foot; and RESOLUTION NO. 157-86 PAGE TWO OF TWO WHEREAS, a house cannot be constructed on Lot 9 without installing the fill; and WHEREAS, the fill will not ha c a substantialdrology oftor significant effect upon the ecology wetland; NOW THEREFORE, BE IT RESOLVED chat the Mounds View Planning Commission recommends ammending the wetland zoning district map per attachment 41; BE IT FURTHER RESOLVED othat tPtthe Mounds View Planning Commission recommends g' to fill the wetland a maximum of 0.04 acres in area to a maximum depth of 1/2 foot' BE IT FURTHER RESOVEDtoftthe erequest byMounds eMarcellang Commission recommends approval in the Rybak to subdivide the landasi2Ce19tlbedcontingedntaonnthe received by the City on March following: 1. Approval by Rice Creek Watershed Distrct. 2. The filling shall begin Within 12 mnnths0from the date of issuance of the permit per City ode C aster 4s OeceSPbdVfDtF A�ainaae easement or 3. The City title for Outlot A free and clear 0f any encumbrances on title or taxes per City Code Chapter 46.08, Subd. 2. BE IT FINALLY RESOLVED thae the Mounds View Planning the Commission directs staff tforward this resolution to City Council prior to approval S. Adopted this 2nd day of April, 1986. ATTEST: (SEAL) Chairperson Director of public Works/ Community Development .McMO TO: Planning Commission FROM: Director of Public Works/Community Development DATE.: March 12, 1986 SUBJECT: PLANNING CASE NO. 186-87, MARCELLA RYHAK (STANLEY FISHER ADDITION) Attached please find the following: 1. Preliminary plat of the Stanley Fisher Addition dated 3/10/86. 2. Wetland Zoning Ordinance. My statf report dated February 19, 1986, indicated that the subdivision needs to be reviewed and approved by Rice Creek Watershed District and that the City Council is required to have a hearing on the subdivisinn. The major issue on this preliminary plat is, can a house be constructed on proposed Lot No. 97 Pertinent sections of the attached Wetland Zoning Ordinance have been inderlined or highlighted for your review. The Wetland Zoning Ordinance states that all structures shall be setback at least 100 feet from the wetland. Accessory tuildings which do not conflict with the purposes of the Wetland Zoning Ordinance and which are not used for human habitation can be constructed in a wetland (48.05, Subd. 2). An applicant may fill a portion of a wetland provided he receives warland alteration permit tram the City. Upon receiving the wetland alteration permit application (in this case Marcella Rybak's application), the City shall consider the issues pr3sented in Wetland Zoning Ordinance Section 48.06, Subd. 2 and 3. Section 48.06, Subd. 3, Paragraph A, states that the minimum amount of filling may be allowed when necessary for the use of property but only when it will not have a substantial or significantly adverse effect as determined by the Council come upon the ecological and the hydrological characteristics of the wetland... If you have any questions of these sections, we car, review them in greater detail on Wednesday night. Marcella Rybak is requesting a wetland alteration permit to fill the shaded area on the preliminary plat. The shaded area is triangular in shape and its size is 0.04 acres. The maximum depth of fill is 1/2 foot. The existing wetland's size is 1.1 acres. If the City Council believes that this amount of filliro is minimal and will not have an adverse effect on the wetland, then the wetland line can be relocated and a house could be constructed on Lot No. 9. Otherwise, a house could not be constructed on Lot No. 9 per the Wetland Zoning Ordinance. we Planning Commission 10� Page Two March 12, 1986 2 Please note that City Code 48.06, Subd. 4(cl states that in the case of minor developments or change and/or development involving a single family detached or single attached residences, the applicant may he exempt from sLiict compliance to certain requirements of this Ordinance, upon approval by the City Council. My opinion is that this is a small amount of fill and that it would not have an adverse effect on the wetland. SWT/hac . P�[IIMIN.YY iL.T O[ -- -� STANLEY FISNER ADDITION —iI :/ = I 2� : 7r ''3c�> M •i 9-1 IT ---� it � , ,•� !j� ) 1 ...... �.�.. r.. I • I ' it •� i }.`, �\ i •,,•. �1,��, / /� M:w w:..�:i :.�._ I _ • r ... 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NUMBER: 186-86 APPLICANT: Marcella R!,bak (Stanley Fisher Addition) PROPOSED REQUEST: Applicant requests a major subdivi- S_on on the land north of Arden Avenue, east of wnollwood Drive and west of Groveland Road (one let 9 ..; t s i M LOCATION OF REQUEST: 8270 Groveland Road W (Arden Avenue 6 Groveland Road) ^h SITE SIZE: 5.26 acres LOT DEPTH AND WIDTH: Each lot is proposed to be approximately 8/ feet by 160 feet. W EXISTING ZONING: R-1, Single Family Residential Dist. �a/" V) CONTIGUOUS :.AND USE: R-1 W (� CONFORMANCE TO COMPREHENSIVE LAND USE PLAN: Request cnnforms, 0 ZONING CONFORMANCE, TO COMPREHENSIVE PLAN: Zoning conforms. STAFF REPORT CASE NO. 186-86 LOT SITE PAGE TWO OF TWO The proposed lots satisfy the City's Code requirements. DRAINAGE The site needs to be reviewed and approved by the Rice Creek Watershed District because it is larger thar. 5 acres. Storm water detention for this subdivision should not be A problem because there is a farely large wetland on the northeast area of this site. PUBLIC HEARINGS City Code requires that the City Council hold a public hearing on major subdivision and mail notices to property owners living within 350 feet of the property. WATER AND SEWER ACCESS City water and sewer lines are located in the streets. DRAWINGS If this sketch plan meets with your approval, I will ask the applicant to prepare a preliminary plat for you at the next Planning Commission meeting. WETLAND AND FLOOD PLAIN The site is not in a flocd plain. There is a wetland on the site (Attachment /1). The Ramsey Soil and Water Conservation District inspected this site in the summer of 1985. Their inspectir_n determined the wetland boundary which is indicated on the skei_`. plan as well as the City's wetland map. The existing wetland is s:r.aller than the area that is protected by the wetland ordinance. Therefore, a reduction in size of this wetland is justified. ATTACHMENTS 1. Marcella Rybak's application dated February 10, 1986. 2. Sketch plan dated February lu 1986. 3. City's wetland map. APPLICANT: aar,) ( err Fee, Pi.ANNntc AppuCAHON gjsy-r "'t r...,., tA.,; ttr•1ttPS nasc /%IIiCL'� �n �(d> ii�GdtL112iCF.a<Gvj�it" v--- address Interest In property? (check appropriate Fox): O owner of record 0 lessee, operator, eatnager a contract for deed owner a agreement to purchase Cr other (explain) -9 — Documentary evidence of appllran J's inu•r,-st in the property say t required belore final city acliuu on tliis request. PROPERTY: address/general location .-�gatmasn .814 legal owner: name/address / yS(m•• Eenq /'>= present use (check appropriatebox): �•---- •-_ M undeveloped lR single family dweliintl • duplex dwellinq C) other (explain) 0 business establishment ❑ industrial c,,tablishment ❑ aparnmrnh ttFquE$T: (explain) JWjJ Qs,;e__1VJ'?I _—4CKAC2z5A1rl'2j&j .fS-.. r77'4,�/ t IA A! t' A I A J F//— I hereby declare that the above stattaenla are true. - /w[/Lrrr�4i� , ,,ignature FOR OFFICF. USE ONLY: RASE FM* subdivision, major subdivision, minor rezoning conditional us,• variance code appeal i MCI) —_ ($50) _ ($50) ($50) subtotal —_ — "Base fees In parenthesis are none refundable. Park fund dedication date paid receipt I AlID17ICNAL FEES reopportioruxent Public Waring IMtires stiff, con,,ullant revi.nrs JO mi sh e.l IaoerAts d a subtotal �fia _• TOTAL FEES 1/1711ea date paidr0 •�� receipt VOL, • J/0•'J flap •� ' I p f i10 v„•. �f "'' • I p�"IU ' • 1 .. .r d Joao gu A •1It 413 n i•I t. nwr• dil • I a �r Mw GA•Y 42i'M f)N L1� )• (i. •W^11FFav�1.1,N •l I • 1 . j ► • • Z • P • ! `. 0 a r �I` U� r .•lf � a v 0" • • 1 ISO Ply 3 ; I.1gn' • t,.a 970 swo7 Ss i 11r-, • N• 14. Irs M►•,y yvi T�A� p . ice" i/1r IMF � •fIw .• « •' • _ � , 1.Y Sr a�la�%� i K� I F ! • J•� rcut .. own T 7 M ,•il .• Y •1... A••a . ^ I % HI f ' '.� I LLr rr •.. I /(Xri•) i d �ai s .9lI to 1i'� I a •1. 1 :Hyµ,, 1 f1 i• 1 -- "'ATTACHNW 03 APPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 10, 1986 Mounds View City Ball 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called to order 1. Call to by Mayor Linke at 7:10 PM on March 10, 1986. Order The Pl-dge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Haake, Blanchard, 3. Roll Call Quick and Mayor Linke. It was noted Councilmember Hankner was absent. ALSO PRESENT: City Attorney Meyers, Clerk/Admini- strator Pantev and Public Works/Community Development Director Thatcher. Motion/Second: Haake/Linke to approve the February 4. Approval of 24, 1986 minutes as corrected. Minutes: N.arcl, 24, 1986 4 ayes 0 nays Motion Carried Bill Frits, 8072 Long Lake Road, asked if something 5. Residents could be done with the problem of joggers who do not Requests and wear light colored clothing and run in the streets Contheuneotsfrom at dusk, as they are very difficult to see. Floor Mayor Linke replied Staff should put an article in the next newsletter regarding safety. Motion/Second: Quick/Haake to approve the consent 6. Approval of agenda, as presented, and waive the reading of the Consent Agenda resolutions. 4 ayes 0 nays Motion Carried Motion/Second: Haake/Quick to accept the recommenda- 7. Consideration Lion of the Civil service Commission to promote David of Civil Service Brick to the position of Police Lieutenant and Jerome Commission Johnson and Reed Krogh to the position of Patrol Recommendation Sergeant, effective March 15, 1986. 4 ayes 0 nays Motion Carried Mounds view City Council March 10, 1986 Regular Meeting Page Two ----------------------------------------------------------------------- Attorney Meyers stated he had had an opportunity to ' work with David Brick over the years, as well as with Mr. Johnson and Mr. Krogh and felt all three of them were excellent choices for promotion. Mr. Kremer stated he would like to build a double 8. Consideration bungelow on the property to best utilize the land. of Spring Lake He stated he understands the Police Department has Park Knolls checked the area and not found a parking problem, Major Sub - and the oLber remaining issue to address is drainage, division which he plans on working on with the City to resolve. Jim Tobiason, 7601 Groveland Road, stated he was opposed to the development and was concerned about his lot getting the drainage and run-off from the property in question. Bruce Wolfe, 7685 Groveland Road, presented copies of two letters to the Council, which Clerk/Administrator Pauley read, with both stating they were opposed to the development of the property. Couiicilmember Haake stated her objections still stand, ' as to the parcel being developed with a double bungelow, concerning drainage, parking and the high intensity usage. Motion: Haake to request Staff and the City Attorney to draw up a resolution to deny the request for the subdivision for Spring Lake Park Knolls, for considera- tion at the next regular Council meeting. The motion died for lack of a second. Motion/Second: Quick/Blanchard to approve the request for a major subdivision for Spring Lake Park Knolls. 3 ayes 1 nay Motion Carried Council -ember Haake voted against the motion. Considerable discussion took place before the vote was taken. Councilmember Blanchard stated she had put considerable thought into it and is basing her decision on the fact that the land is zoned for multiple dwelling, and she realizes the water is a big problem, but the City will have control over it if a duplex is allowed, whereas they would not have ' control if a single family home is constructed there. Mounds View City Council 1?ec Regular Meeting Page Three -------------- Mayor Linke stated that he has researched the request and cannot find a legal reason for denial. He added that after reviewing the plans, he feels the water situation will be taken care of, and he noted that parking problems are experienced all over the City, and they will have to monitor it. Attorney Meyers noted the applicant will have to receive approval from the Rice Creek Watershed District, as well as follow other controls, eo the City will have sume control over how the lot is developed. Director Thatcher presented an overhead of the site, showing the planned drainage system and the existing drainage. He added the capacity is more than sufficient to handle ahundred year storm. Clerk/Administrator Pauley reviewed Staff's 9. Consideration recommendation for the purchase of computer to Purchase equipment. Computer Motion/Second: Quick/Olar,chard to eutiwrize the Equipment Mayor and Clerk/Administrator to enter into contracts with Computoservice, Inc. for the purchase of a Texas Instruments 890 Data Processing System at a cost of $79,835 and software at a total cost of $44,545, includ'.ng training and modifications contingent upon approval of final contract language by Management Advisors, Inc, and the City Attorney's office. 4 ayes 0 nays Motion Carried Director Thatcher explained the ordinance covers 10. Second Reading the installation of satellite dish antennas in and Adoption the City. of Ord. No. 403 Motion/Second: Haake/Quick to have the second reading and adoption of Ordinance No. 403, amending the Municipal Code of Mounds View by amending Chapter 40 entitled, "Zoning", and waive the reading. Councilmember Haake - aye Councilmember Blanchard - aye Councilmember Quick - aye Mayor Linke - aye Motion Carried iotion/Second: Haake/Blanchard to approve Reso- 11. Consideration l�ution No. 1982, authorizing release of the contract of Relt. 1982 bond for Development Agreement No. 83-60 with Star Homes, Ltd. and waive the reading. 4 ayes 0 nays Motion Carried Mounds View City Council March 10, 1986 PPgOlai i•ietiLlllg Paye Foui ----------------------------------------------------------------------- Director Thatcher had no report. 12. Report of Public Work.;. Community Dvlpt. Attorney Meyers reported he had received notice 13. Report of from the Clerk of Appellate Court, in favor of Attorney a judgement of $998.50 for the City in the Greg Johnson case, for out of pocket expenses. He added he has submitted to the District Court an amended finding on the home occupation issue. Attorney Meyers reported he has had discussion with the attorney for the Fire Department regarding their contract, and it is his opinion that they are the same as an independent contractor and should provide insurance coverage as any other independent contractor would. Councilmember Haake had no report. 14. Reports of Councilmember Blanchard had no report. Councilmembers Councilme.nber Quick had no report. Mayor Linke reported he had ridden with the Police i Department on March 8th and found it very interest- ing. He reported they had responded to a fire call and was concerned about the amount of manpower that was called out. Clerk/Administrator P?uley reported the City had 15. Report of received an application on March 7th for the Clerk/ transfer of the liquor license for Loose Ends, Ad.ninistrator and they have received the required 05,000 surety bond. He stated he will be requesting the Police Chief to start an investigation, and asked the Council to set a public hearing on the matter. Motion/Seconu: Quick/Blanchard to set a public hearing for 7:05 PM on April 14, 1986 to consider the request of transfer for the Loose Ends liquor license. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley reported he had just received notice on the Ramsey County League of Local Governments annual banquet on March 19, and asked the Council to let him know if they would like reservations made. Mounds View CiLy CouuCii march lu, out Regular Meeting Page Five ----------------------------------------------------------------------- Clerk/Administrator Pauley reported problems have been experienced recently at Simon's Liquors, and asked the Council to set a hearing to discuss them. He added a formal report will be forthcoming from Staff. Motion/Second: Vuick/Blanchard to set a hearing for March 24, 1986 at 7:10 PM to discuss Simon's Liquors. 4 ayes 0 nays Motion Carried The meeting was adjourned at 8:06 PM. 16. Adjournment