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90-2146 .O {`•I V' �i� A L Couacil l�il• # — /� . GzNA ShNt # RESOLUTION C OF AI PAUL, MINNESOTA _ v�� P s�at�d Dy � ���_� � �7o�ittN: Dat� ��'//'p� WHEREAS, the City of aint Paul has an agreement with Chris Lafontaine/Shutterbug Photo Inc. to pr�vide a sales booth for the purpose of vending items to the public at the Como Conservatory, for which Shutterbug has paid a commission of 20°� to the City account for Como Park Conservatory Restoration, and • WHEREAS, the City accCOUnt for the Como Conservatory Restoration had all of its funds transferred to tMe Pri'�vate Restoration Fund operated by the St . Paul Foundation, and WHEREAS, Shutterbug Ir1c. has requested any accumulated monies since deposited in the City's account for the Como Restoration be transferred to the Cities Japanese Garden Fund, and WHEREAS, the Cities account for the Como Conservatory Restoration has no spending budget for this transfer , arnd WHEREAS, The Mayqr , pUrsuant to Section 10.07.01 of the City Charter does certify that there are available fqr appropriation revenues in excess of those estimated in the 1990 budget, and WHEREAS, Council file 277520, adopted October 1 , 1981 did establish certain Special Fund Policies, ar�d WHEREAS, The MaycDr reQOmmends the following changes to the 1990 budget : DEPARTMENT OF COAIIMUNITY SERVICES DIVISION OF PARKS AND RECREATION SPECIAL SERVICES ENTERTPRISE FUND Amended Budget Changes Budget FINANCING PLAN ------------- ----------- ------------ ----------------Y- 325-23123-9925 USE OF RETAINED EARNINCS 0.00 11 ,075.75 11 ,075.75 325 ALL OTHER FIWANCING 3,058,047.00 0.00 3,058,047.00 ' ------------- ----------- ------------ - 3,058,047.00 11 ,075.75 3,069, 122.75 !I : - - Page 1 of 2 . • , , . 9v �,�� , _ � , SPENDINC PLAN 325-23123-0568 TR NSFER TO TRUST FUND 0.00 11 ,075.75 11 ,075.75 325 ALL OTHER SPENDI G 3,091 ,913.28 0.00 3,091 ,913.28 � ------------- ----------- ------------ 3,091 ,913.28 11 ,075.75 3, 102,989.03 ------------- ----------- ------------ ------------- ----------- ------------ BE IT RESOLVED, That the City Council approves these changes to the 1990 budget . BE IF FURTHER RffSOLV�D, that the proper City Officials are hereby directed to transfer the . sum of $11 ,075.�5 to 'the )apanese Garden Fund. � Approval RecommQnded udget Director . � Page 2 of 2 A�qnat�d bY D�partrat o!: .. . - �� Cri�10'�' !7. �/P.✓/C.e S C'�:S: _ � � � � o� �R�E'z�! aao�e.a � oo�ss: nat. D E C 2 '7 1990 'O�' °? �� iti�id Dy k7on�cil �er�tary t �Y= �_ � 11sTos anb�iaaioa to ��o'•� �r �c� Dal� 2 8_ 199� u .�� � � -- -- �_ �i �r= sy. �'�- PIJ��,l��i�D��� �;r'a r� � �� l�l�1 . . . . � S� �������l e� �9E�r1F�TME•N'1�OF�ICE/COUNpL DATE INITIATED Commuait Services Park 4-30-90 GREEN S�MEET No. A� OONTACT PERSON 8 PF�IE � PARTMENT DIRECTOR {/ , �CITY COUNqI Victor Witt enstei 29 -7409 �� CITY AITORNEY �cm cxe�c MUST BE�1 COUN()IL AQENDA BY 'f� ROU71N0 BUDOET DIRECTOR �FIN.8 MOT.SERVI�S DIR. 0�u►voa�a�nss�sTaNn 0 �h i P f A c c TOTAL#►OF SIGNATURE GiES 1 (CLIP ALL LOCATIONS FOR SIGINATURE) 7 Parks and Recreation ACTION pE0UE8TED: Approval of Coun il R solution amending the spending budget of the Special Services Fund 325. RECOMMENDATION8:Approw(/q a (F� COUNqL COMMITT'EEIRESEARCN I�PORT _PLANNINO OOMMISSION GVIL COMMIS�ON ��Y� _qB OOMMI7TEE -�$T� �"'""E"�: MAY 9 1990 —asrRicr oouRr Comm�nity ServiClS ���,�,°°��`�E ' CITY ATT�R��`� iNiiunrua��.�e. Nm ,wnn,wn.�,wh.n.wnr): Need to establish spen ing authority to transfer accumulated monies from Como Conservatory Account to the Ja anes Garden Fund as per agreement with Shutterbug Ine. ADVANTAQES IF APPf�VED: The terms of the ontr ct with Shutterbug Inc. will be met. The Japanese Garden Fund will benefit with incr ased resources. RECEIVED ������: MAY 151990 `vEO BUDGET O�FICE None R�CE � 91�� I�� K GitY G�ER OISADVANTA(iE81F NOT APPROVED Monies still rema"ning in Como Conseratory Restoration account will not be transferred. Contract with Shu terb g Inc. would be in breach and contract could be terminated, thus ending resou ces or the Japanese Garden Fund. � ���� r�,.-,�-,,.�h Cen��r R EIVE � � N0V � p199U TOTAL AAIOtlNT OF TRANSA i 11 O 7 S.7 S ' COST/I�VENUE BUDGETED(GRq.E ON� YES � �p gp�p� S ecial e ces Retained Earnin S ACTIVITY NUMOER 23123 FlNANGAL INFORAAAl10N:(EXPWN) dw ���' ,��, ��,.(A._.�.�..�.. Analyst: Tom Cran J�/�� ` Date: 5/30/90 UDGET OFFICE ANALYSIS ��,�;������ OF BUDGET AMENDMENTS NOV 7 1990 Department: Park Green Sheet Numb 0�65_ ���� �������� Amount of Request: $111,076 Positions Requested: 0 Amount Recommend $111�,076 Positions Recommended: 0 Funding Source: Fund 325 - Fund Balance Subject of Request: , Provide$11,075.75 spending authority for Transfer of Fund Balance. Background: ' Original contract call�d for 20%commision to be spent on conservatory restoration. The restoration has since been assumed by th�private St. Paul Foundation. The commissions since that change have been deposited to fund #325 until determina�ion of where commissions should go. Contractor agrees for 20��commission to increase Japanese Garden Tr�st. This transfer will move prior deposits from fund#325 to fund#361. Major Issues: ' Decreases fund balaihce in Fund#325 by 11,075J5 Increases fund balan�e in Fund#361 by 11,075.75 Fiscal Impact: (Current Year and Following Year) Current-Fumd 325-fund balance reduced,spending authority needed to move the fund balance. Fund 361 -fWnd balance increased, no spending authorized ' Following-no impacrt. R��F�yFr� Recommendation: PdOV 91�9Q Approve BUDG�,; ����i:E i Follow-up Recomm�nded, If Any: '�� Review decision to allow 20%commission to flow to Japanese Garden. . �� � � � , �a���� � S V V PREMIUM PHOTO FINISHING ����r��4��� �t��aseje'az�x 841 Grand Aven e St. Paul , Minn�sota 55105 612/291-8884 Ms . L nn Wolfe'I Y Parks and Recr�eation Dept . Room 300 City Hall Anne,x St. Paul , Minn'�,esota 55102 Dear Lynn: I understand the Como Conservatory Restoration Fund no longer exxsts •�I I would � like �ny unused monies that represent amounts paid by SMuttqrbug On Grand , Inc . to be given to the Japanese Gard�n Fund. Please send� m� confirmation of this transfer . Sincerely , c�; �.��� Chris A. I�aForntaine President Shutterbug On Grand, Inc . CAL/djl , 1 • • • � - � �a,���� . � . ' �� � � ;'- . _ �%��.` ��!�' ,�+ !� y - -- 'I AGREEMENT THIS AGREE�IENT, made and entered into this � day of rC , 1988, by and between 'the CITY OF SAINT PAUL, hereinafter referred to as "City" and CHRIS LAFaNTAINE/SHUTTERBUG PHOTO, 454 South Snelling Avenue, St. Paul , Minnesota, 5510�a, hereinafter referred to as "LaFontaine." WITNESSETH: That it is� mutually agreed by and between the City and LaFontaine as follows: �, 1. ) ThatlLaFontaine will provide a sales booth for the purpose of vending item� to the public at the Como Conservatory. All items will relate to the Conservatory. a. That the City, through its Conservatory Manager shall c�esignate the location and appearance of said booth. b. That the booth shall be lockable and that LaFontaine or his agent shall secure the booth at the end of operations each day. c. , That the City shall not be responsible for any loss suffered by LaFontaine through theft, vandalism or damage. 2. ) That ' the City through its Manager of Special Services will approve all items to be sold in the booth before they are available to the public. 3. ) ' That .the minimum hours the booth will be opened and staffed will be as follmws: Saturdays, Sundays from 11:00 AM to 4:00 PPi. 4. ) That !LaFontaine will notify the City's Conservatory t•tanagzr ef ±l:� hour� he will operate, any changes in this schedule must be approved by tt�e Conservatory Manager. LaFontaine will develop and follow a set �chedule so that the public will become aware of his operating hour�. 5. ) IThat �this agreement will commence on the date first written above and term�nate on May 1, 1989. 6. ) That LaFontaine will bear all production, set up, development and operaltion costs associated with this enterprise. 7. ) 'That LaFontaine will save and hold harmless the City for any claims arising out of the performance of LaFontaine, his agents and employees in cqnne� � ion with this enterprise. , - - . � � � GJ,� - �/�� ., 8. ) iThat at all times hereunder, LaFontaine is an independent contractor - ,� and not an employee of the City and, accordingly, is not entitled to any �f the rights or benefits accorded to regular City employees. 9. ) ', That' LaFontaine will pay the City twenty percent (20%) of his gross rece pts from this enterprise. Payment to be made as of the fifteenth ' day f the month for the preceding month's sales. It is understood that'�, State sales tax shall be deducted prior to calculating LaFo�taine's monthly gross sales. 10. ) Thatlthe City will deposit the commission received from LaFontaine in - the �omo Park Conservatory Restoration Fund. 11. ) That' in order to determine LaFontaine's commission to the City, LaFohtaine will use an accounting system as stipulated by the City's Mana�er of Special Services. 12. )� That LaFontaine will abide by all laws and ordinances of the City of St. paul , the State and the Federal government in operating this ente►�pri se. 13. ) That this agreement may be terminated by either party without cause prov7ded written notice is furnished to the other party thirty (30) days� priar to such termination. 14. ) If this agreement is terminated LaFontaine shall pay the City its twen;'ty percent (20%) commission for the period that the agreement is ih effect. 15. ) That for purposes of this agreement the following City officials are: , Manager of Special Services Como Conservatory Manager Victor A. Wittgenstein, Jr. Les Day Room 2Q0, 25 W. 4th Street Como Park Conservatory St. Paul , MN 55102 St. Paul , MN 55108 IN WITNESS WHEREOF, the parties have set their hands the date first above written. APPR PlS 0 �F RM: CITY F SAINT PAU : i - ` �. � � �M� Ass a City Attorne Dir tor Fin nce & Man e ent . y, Se i es �' � � CHkI LAFQNTAINE rector, Cor�nunity Services 6/LkFOWTAINE - , - � ' � '�f0 a/�C� � ; Committee Repo�t Finance Cammittee December 17, 1�90 Page 4 17. Resol,utio�n 90-2128 - amending the 1990 Budget by adding $4,500. 00;' to the Financing and Spending Plans for Community ServYCes - Parks & Recreation - Crosby Farm Park (Referred from Council 12/06/90) Approve8 3-0. 18. Reso�uti n 90-2146 - amending the 1990 Budget by tran fer ing $11, 075.75 from Special Services Enterprise Fundito apanese Garden Fund. (Referred from Council 12/1�/90�� Apprbvedl3-0. 19. Resolutipn 90-2126 - amending the 1990 Budget by transfer�ing $11, 000 from Contingent Reserve to Department of Fire & Safety Services. (Referred from Council 12/06/90) Denied pendinq further information. 20. Resolution 90-1926 - amending the 1990 Budget and transferring $101,930 from Contingency to General Fun3 Fire - Code E�nforcement - Salaries. (Referred from Council 11/O1/90) To be withdrawn by author. 21. Gre�n Sheet 9423 - Resolution from Department of Fire and Safety 5ervices for $10, 253 .25. Approved 3-0. 22 . Green SY�eet 11260 - Resolution amending the Spending Plan for the Public Works Engineering fund for $34, 000 to go to PED. Approved 3-0. 23 . Greien Sheet 8483 - Resolution amending the 1990 Budget for Fund 12,7, PED Printing Services. Approveid 3-0 with cost projections and savinqs to be submittled to the Council prior to adoption. 24. Green S�eet 8125 - Resolution eliminating arbitrage concerns on Newell park and Linwood Park projects. Approved 3-0.