HomeMy WebLinkAboutAgenda Packets - 1999/03/08 CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY,MARCH 8, 1999
7:00 PM
1. CALL MEETING TO ORDER
2. ROLL CALL: Coughlin, Quick,Marty, Stigney, Thomason
3. APPROVAL OF MINUTES
A. February 22, 1999 City Counicl Meeting Minutes
4. SPECIAL ORDER OF BUSINESS:
5. REPORTS
6. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Approve Resolution No. 5318,Authorizing the City to Participate in the Reliever Airport
Reform Coalition.
C. Approve Resolution No. 5321,Athorizing the Golf Course Superintendent to Investigate
the Process of Placing Billboards on Golf Course and Adjacent Property, Including
Making Application to the Planning Commission.
D. Set a Public Hearing for March 22, 1999 at 7:10 PM concerning a Conditional Use
Permit for an Outdoor Flower Mart for Linders Greenhouses,Inc: to be located at
Moundsview Square.
7. UNFINISHED BUSINESS
8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
A. Citizens: Before speaking must give their full name and address for the minutes.
9. COUNCIL BUSINESS
A. Consideration of Resolution No. 5313, Chief Ramacher's Severance Agreement.
B. Consideration of Resolution No. 5320,Appointing the interim Chief of Police and
establishing compensation.
C. Consideration of Resolution No. 5322,Regarding Acceptable Times of Flights for City
Business.
D. Consider Police Chief Position Profile.
10. Next Council Work Session: Monday,March 29, 1999-6:00 PM
Next Council Meeting: Monday,March 22, 1999-7:00 PM
11. ADJOURNMENT
UNAPPROVED MINUTES A
MOUNDS VIEW CITY COUNCIL
FEBRUARY 22, 1999 OVED
7:00 P.M.
1. CALL MEETING TO ORDER
The meeting was called to order at 7:00 p.m. by Mayor Coughlin.
2. ROLE CALL: Mayor Coughlin, Council Members Stigney, Thomason.
Absent: Marty, Quick.
3. APPROVAL OF MINUTES
Additional corrections for February 8 meeting minutes, Page 1, third paragraph from the bottom,
report says Mr. Marty attended the planning commission, should be Mr. Stigney.
Page four, item 9E, spellings for names, Ordeen, Braathen, Laube, Hedland, Kahn.
Motion/Second: Thomason/Stigney. To approve minutes for January 25, and February 8, 1999.
Ayes - 3. Nays-0. Motion passes.
4. SPECIAL ORDER OF BUSINESS: State of the City address, Mayor Dan Coughlin.
Mayor Coughlin stated: Fellow neighbors, in keeping with the City's charter, I, as your mayor, am
required to give you a message on the state of the City. It is traditional in addresses like these that
the Mayor speak of all of the Council doings in the last year, all of the accomplishments that it was
a part of and listing the occasional struggles that we still deal with. I don't have any energy, nor do
I have any desire to list things that have already been covered by a great degree by cable television
and by our newspapers. And,medical science has found other ways to put people to sleep other than
just have the Mayor talk about old news. We as a city face normal struggles that every other city
our size faces. The demands of services versus demands for lower taxes. The pressure to rebuild,
versus the desire to preserve some of our past, and the overall struggle for the average citizen to be
heard above all of the other voices that come screaming at City Hall. To mention a list of the
accomplishments that this City has made would only speak to what we have done. This is the part
that usually gets the lion's share of our attention. However,the other side of the coin is not about
what we have done, but is about who we are. I submit to you that it has been long over due for
someone to discuss the state of the City in the context of who we are. I have often wondered what
makes Mounds View different than any other suburb here in the Twin Cities. We don't have any
national monuments within our boundaries, we don't have any world famous people that were born
here, there are no real tourist attractions or historical sites for people to visit here contained in our
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four square miles. And,to add insult to injury, we have a major highway cutting right through the
heart of our town. So,what makes this City more than just a place that people drive through on their
way home from work. We the people,the citizens and neighbors who built this town and call it our
home. We are the reason that the City is special. So then, from what is the state of our City in
respect to its greatest asset to its people. For far too long, the City has had very little in the way of
goals for our future. Each new election cycle seems to bring new faces that are either for or against
some specific project or policy, and that perspective is not necessarily a bad one, but it is a reactive
stance, not a proactive one. In order for us to become a proactive community, a community finds
out what it wants and then runs after it, we must ask ourselves a few basic questions, who are we?;
what do we want?; where are we going? Now, could you honestly answer any of those questions
for our community. I have my own opinions, but I freely admit that I fall far short in really fully
answering these questions for our town. For far too long, we have been asking the wrong questions.
We have not figured out that our vision for the future is out there for us to grab. Thus, we are only
left to react to situations. Without a set of goals to work by, how are we ever to build a future that
we can be proud of? When someone builds a new house they don't first have the lumber and nails
delivered to the jobsite. First they plan on what that house is going to look like and then
construction can begin. Our community is not any different. We need to stop and figure out what
our goals are and then once that is accomplished,the future becomes far more clear. The difference
between the reactive mode and the proactive mode is striking. For example, here are two questions
that may highlight this point. We want to buy the Bel Rae Ball Room, and make it our Community
Center. Or, the second question, do we as a City as one of our primary goals to create places and
programs to meet the changing needs of our family's and you? If so, what do you suggest? Both
of those questions may have people coming to the conclusion we need to build a Community Center,
however the first question only reacts to a building. The second question seeks to find out the heart
beat of our community. What I am talking about is more than a call for us to change our perspective.
It is actually more just asking for us to have a change of heart. This is about finally asking the
people of this City how they envision the tomorrow for Mounds View. The future is our's to create,
and I am here to say that if we are ever truly to aspire to be greater than we are right now, we must
resolve in our hearts and in our minds that we are going to work together to create the future that we
envision. We must find out what that vision is, take hold of it, and run with it with all our might.
There is a proverb that says: where there is no vision, the people will perish. I believe that this
community has been suffering the ill effects of not having a vision. Perish does not necessarily mean
the death of bodies, it can also mean the death of friendliness, the death of caring, the death of
passion, the death of purpose, the death of creativity, the death of cooperation, the death of
community. Because we do not have collective goals for our future, I believe that we have a cancer
on our community, and it is past time that we do something about it. How do we find out what our
goals of the future are to begin to turn this City around. The answer is somewhat easier than one
would think. We simply ask the questions and then we compare our answers. I know it is a bit hard
to believe,but this City Council here has already expressed a desire to find out what the citizens and
residents of this town want our City's future to be like. Imagine politicians caring about what the
people want for a change. Although,the preliminary ideas have already been discussed,I would call
upon this City Council to press onward towards a comprehensive and ongoing survey of the citizens
to find out what our collective vision for the future is. This project will not be easy. This process
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undoubtedly will require some extra time and effort on our parts in order to do this right the first
time. And, to the citizens of this town, I call upon you to consider changing your mind about this
City, to commit the belief that we can come together and forge a new and exciting vision for our
City. This is not a time for individual egos or fame, this is about never allowing that which is
important to fall victim to the trivial. So let us dare to be bold and different, we don't have to do
things a certain way just because other cities do. This is our town, and for once I would like to call
on the ordinary people, the people who have not normally had a voice in this town, and ask them
what you want your City to be. All bets are off, the sky is the limit, let us dare to dream. In all of
this,let me issue you a bit of a warning. It is natural that when the winds of change blow across the
waters of the status quo,that waves of resistance will rise up. The stronger the wind for change,the
larger the waves of resistance become. We must resolve in our hearts and in our minds to face those
ways head on, and press through them and seek after our goals, or our goals will never be reached.
This is not a time for the timid. So in closing,I would ask all of you to begin to ponder the questions
I put before you: who are we?; what do we want?; where are we going? In the upcoming months,
you will be asked to answer these and other questions. And, once we begin to find out collectively
what our community's vision is, I will then call upon the residents of this City to volunteer and take
part in discussion groups and come forth with an answer to a fourth question: how do we get there
from here? If we are willing to pause at this time to begin to answer these questions, we can truly
become a proactive community. A people with a vision and a people with a mission. One last thing
that I would add personally as I end this address,to those who are so inclined, I would ask for your
prayers for this City and its future. It is my belief that without a strong dose of higher wisdom, our
hope for having a vision for this City will be much harder to accomplish. I thank in advance for
those prayers. And, I thank you for your time and consideration as well. Thank you.
5. REPORTS
Mayor Coughlin extends a thank you to Council Member Stigney for running last week's work
session.
Mayor Coughlin attended an airport mediation meeting with Mr. Whiting and Carl Schmidt,and Bob
Long.
Ms. Thomason attended an EDC meeting on February 17.
Mr. Stigney stated he attended the Planning Commission meeting February 17 as well. Two new
members of the Planning Commission were introduced, and time was spent going over with all the
new members the process used by the commission and its variant forms of meeting. There was
discussion of the bylaws that changes were made before and then changes were reintroduced at this
Planning Commission and brought the new members up to date to where we were at. Both of the
bylaws and the comprehensive plan changes that are in effect. There was additional discussion in
both those areas and also some discussion pertaining to permits for vendors coming with their fruit
and vegetable stands in the summer so they can bypass CUP process that has to be attended to every
year. Also, the normal resolutions coming before the Planning Commission, such as an oversized
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garage, and 8100 Long Lake Road. uNAPPRovED
Mr. Whiting stated in today's meeting, the mediation session discussed aspects of litigation
involved(inaudible).
Mr. Long discussed mediation. Mr. Long stated it was agreed to today hopefully will save the City
money. We agreed to spend for a period of time the litigation which would be a very costly stage
of taking depositions with various players in the process and from a historical perspective takes a
while to uncover here. We agreed to suspend that while we pursue the state legislation, and with
some luck we get legislation passed and the hard work of our State Rep. Barb(Rocky) chief authors
of the bill,it is moving forward,there is a hearing this Wednesday at 12:30 in the House on that bill.
If the bill passes,then we think there would be good basis for them to end the litigation if we don't
rack up any more costs between now and then. That was a good resolution today at least at this early
stage and they agreed to that.
Mayor Coughlin adds for the public record that Rep. Hooke asked'me to be representing part of our
reliever airport coalition to speak on their behalf and on behalf of the City of Mounds View at that
committee meeting at the capitol, this Wednesday.
6. CONSENT AGENDA
Mr. Stigney questions the item on Approve Just and Correct Claims, there is an item for $59, for
long distance calls. Mr. Stigney was curious as to who is calling outside the City for long distance.
Mayor Coughlin offers it is proper to remove that item and discuss that separately.
Mayor Coughlin removes item 6A from the consent agenda.
Mr. Mike Ulrich stated a public hearing for wetland litigation is March 22, 1999.
Motion/Second: Stigney/Thomason. To approve consent agenda for items 6B, C, D.
Ayes - 3. Nays-0.
6A.
Mr. Stigney was curious about long distance calls, and who we are interfacing with outside Mounds
View. The bill was for $41.60.
Motion/Second: Stigney/Thomason. To approve Just and Correct Claims, item 6A.
Ayes - 3. Nays-0. Motion carries.
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7. UNFINISHED BUSINESS uNAppR ovED
No unfinished business.
8. RESIDENT'S REQUESTS AND COMMENTS FROM THE FLOOR
No residents address.
9. COUNCIL BUSINESS
A. Public hearing and consideration of resolution No. 5312 regarding conditional use permit for an
oversized garage located at 8100 Long Lake Road. Requested by Richard Maki.
Mr. Rick Jopke stated Mr. Maki has requested a conditional use permit to allow him to expand his
existing garage at 8100 Long Lake Road. The conditional use permit is necessary according to the
City code basically for two reasons. He is going to add 580 square feet onto an existing 400 square
foot garage which would make his total area 980 scare feet. The code says that you cannot construct
a garage over 952 scare feet without a conditional use permit. The other reason for the conditional
use permit is that the code also says that a garage cannot exceed the size of the dwelling on the
property. In this case,the house is 576 square feet, so it does exceed that. Without conditional use
permits,the ordinance does have some criteria that have to be reviewed. This must be reviewed so
that the proposal does not adversely affect the community and surrounding area. There are a number
of other garages in the area that are of the size being proposed. There is a demonstration of need in
this particular case that the applicant is requesting a garage to store existing vehicles that are now
outside. Mr. Jopke believes the proposal would not depreciate the surrounding area. The proposal
would not have any adverse effects on public facilities such as parks, access roads, and would not
create a traffic problem.
Mr. Jopke stated it is the staff's recommendation that the City Council approve resolution 5312, a
resolution to approve a conditional use permit with seven stipulations.
1. These stipulations include that the conditional use permit be recorded to Ramsey County within
60 days of City Council approval. Receipt of such recording shall be provided to the City of
Mounds View.
2. The garage not be used for living space or other uses not allowed by the zoning code for which
the purpose was granted.
3. Garage addition to be designed in a uniform building appearance of the house.
4. Driveway leading to the garage expansion be approved with a permanent surfacing material,
either concrete or asphalt, in conjunction with the construction of the garage. If the occupancy of
the garage is to approve prior to the driveway's improvement, the applicant shall submit a letter of
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credit for evaluation before completed.
5. All vehicles on the property shall be parked either on the driveway on the improved surface, or
in the garage. At no time shall a vehicle be parked on the grass or on the surface.
6. The existing shed on lot be removed if necessary for the setback of the garage.
7. Total square foot allowed by the conditional use permit shall not exceed 1060 square feet.
Mayor Coughlin closes public hearing, and brings discussion back to the Council.
Motion/Second: Thomason/Stigney. To approve resolution 5312,regarding conditional use permit
for an oversized garage located at 8100 Long Lake Road.
Ayes - 3. Nays - 0. Motion carries.
ITEM 9B:
Consideration of resolution 5315, establishing parking restriction on Edgewood Drive.
Mr. Mike Ulrich stated Edgewood Drive realignment will not allow for parking on either side in
order so that the segment can be reconstructed within the City fund,parking restrictions are required
in a resolution passed by the Council submitted. The State is also required. This resolution states
that parking will be banned on Edgewood Drive, from Bronson Drive, to County Highway 10.
Mr. Stigney questioned once the T.H. 10 turns back to the County,will the same restrictions still be
needed.
Mr. Ulrich stated yes to this question.
Motion/Second: Coughlin/Thomason. To approve consideration of resolution 5315, establishing
parking restriction on Edgewood Drive.
Ayes - 3. Nays - 0. Motion carries.
ITEM 9C
Consideration of resolution 5316,approving plans and specifications authorizing advertisements and
establishing a bid date for project 99-2,realignment of Edgewood Drive,T.H. 10 signal construction.
Mr. Ulrich stated this resolution is also required for State aid to establish the various aspects of this
project and resolution would establish a bid date to approve the plans and specifications for the
project would authorize staff to advertise for that project, establishing a bid date of March 18, 1999,
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and also establish an award date at the regular Council meeting March 27.
Mr. Stigney questioned if we are using MSA funds for construction and realignment.
Mr. Ulrich stated this is true.
Mr. Stigney questioned is this MSA funding new money that we are going to get specifically for
Edgewood Drive, are we using pool MSA funds to pay for it.
Mr. Ulrich stated it is part of our entire .
Mr. Stigney questioned by putting money here we are pulling it from somewhere else.
Mr. Ulrich stated the City receives $180,000 per year toward construction of MSA for streets.
Edgewood Drive is an MSA street,along with a traffic signal because it is also a County Road, also,
right now a MNDOT road. We can use those funds on any one of our MSA streets for any type of
MSA qualified construction. This is a pool for a construction,not regularly designate for Edgewood
Drive.
Mr. Stigney questioned, so the pool money could be used to maintain other MSA streets rather than
using it there.
Mr. Ulrich stated it could used to reconstruct other streets. We do receive maintenance dollars that
exists in our construction.
Mr. Stigney questioned how much the reconstruction funds being allocated to Bronson to T.H. 10
will be new money.
Mr.Ulrich stated this all goes directly into the pool. The entire project is $806,000. The Edgewood
Drive portion of it is roughly $275,000. As of December 31, we had $554,876 in our MSA
construction account. Our 1999 allotment is $244,155. Mr. Ulrich stated right now we have almost
$807,911 in our MSA account and it is going to be based on the estimates to cover this project.
Ms. Julie Olson, 2663 Lake Crest Circle. Ms. Olson has had a question in regards to approving
resolution 5316. The last time that the realignment Edgewood and Highway 10 signal construction
came up, I believe our economic development director had stated that this was that the plans and
specifications was a preliminary planning that was being submitted for approval, and at the time that
came back we would still have a time to review it and ask further questions, or to go into in further
detail. Mr. Olson stated to the best of her knowledge we have not heard anything back from that.
Mr. Olson wonders why we are approving the plans and specifications when we said we were going
to wait until we got the preliminaries back to us. Mr. Olson stated if this happened, she did not know
about it, or have not seen this information.
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Mayor Coughlin stated this was received in the Council office. Mayor Coughlin stated he spent a
fair amount of time this morning digging through those documents and reading them. Mayor
Coughlin cannot speak for anyone else, but in light of the realignment nothing seemed to be
important. We also received a memo from Mr. Jopke as well pertaining to the first part of your
question.
Ms. Olson asks if there are any plans so that the citizens that are here as well as the ones at home
could see where the actual realignment is going and what part of City Hall it is facing. Ms. Olson
stated she thought that when a preliminary approval came back, what we are going to look at with
that for changes it was stated that MNDOT did not necessarily say that is the curvature or alignment
that Edgewood had to be in order to give them a comfort level. Ms. Olson stated because of this
storm sewer pond that needs to be built that we are having discussion on, whether it should going
to the east, or west. Ms. Olson would like to make sure everyone is comfortable that because of the
storm sewer holding pond issue that was quite a surprise to everybody that it was a trunk sewer
system that evidently prior Council did not know, or care, that it created some conflict. Ms. Olson
stated she would like to make sure that is really where we are going to do the alignment.
Mayor Coughlin stated we separated the issues between the road alignment per SE and the ponding
control.
Mr. Ulrich stated this project was brought to Council, at least preliminary plans and specifications
at the February work session, and at that time there were many items that were in the preliminary
stage. The plan was sent to MNDOT and the comment sheet that was addressed to Barry Peters, is
where MNDOT engineers went through everything and decided what would qualify for State aid and
what would not qualify,and if there was any changes that needed to meet the State aid specifications
and standards on the street. I believe the alignment Ms. Olson was speaking about, was set by
MNDOT many months ago in the early concept stages of this project.
Because of the 90 degree intersection that is required there,which also basically established the road
or the dry through on this theater project. Mr. Ulrich stated none of this has changed. There is still
discussion about which side of the street the pond will go on, these plans and specifications at this
time need to be authorized in order to provide for an effective and efficient bidding schedule, so we
can get the turn lanes in and a temporary intersection prior to the theater opening.
Mr. Wendell Smith, representing Mrs. O'Neil, Carmike Cinemas, and Anthony Properties of
Dallas, Texas, in regards to the theater property as it is designated on the opposite side of Highway
10. Mr. Smith stated we have been working on this project for many years. Much time and much
expertise has gone into this. Mr. Smith stated he is satisfied that the engineers at MNDOT, our own
consultants, and your very hard working staff have gotten through this design. We have looked at
inside and out, and we are comfortable that this particular design is one that will work not only for
the theater project, but for the City as a whole. We are looking forward to the beginning of
construction of this project as soon as possible, with the light winter,hopefully we can get this done
even faster than has been anticipated. One of our goals is open as quickly as possible. Mr. Smith
stated the way in which we want to do that is to have our temporary access onto Highway 10, while
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the intersection is being built. We as the Council and the City would like to keep as much as traffic
down to County Road H. 2 as possible, and the best way doing that is being able to have access to
Highway 10. Mr. Smith would like to reaffirm our approving of this particular design.
Mr. Whiting stated a project like this goes through various approval stages to determine the costs.
Mr. Stigney stated a legal question. There are three Council members here voting this evening. Mr.
Stigney has not supported in the past this realignment of Edgewood Drive or the traffic light,
because I did not like the cost spaces of sharing of what the developer is paying and versus what the
City is paying. As I understand it, the traffic light,the developer is going to pay approximately '/4
of the cost, and the City is going to pick up 3/4 of the cost, through MSA funding out of the pool,
to complete realignment of Edgewood Drive. We not talked about ponding issues yet, which may
exceed that. Mr. Stigney's questions what legal obligations do I as a Council member have to go
for something that I don't support because the previous Council has brought us to this point where
it requires some action.
Mr. Long reminded the Council in your charter that you actually have a requirement, you have to
have a minimum of three votes to pass any motion. Mr. Long stated the issue of what legal issues
would be presented if this new Council decided to change course,and not go forward with the signal,
Mr. Long stated if this current Council had to go back to look at, rechange things done by the
previous Council, there is case law ow out there that suggests that under those circumstances if a
prior Council enters into this case a PED that sets up a development scheme, and the developer relies
on that goes forward and spends dollars,that a later change by the City Council in that document that
might in some way jeopardize the project, can create legal risks and exposure to the City. If there
is litigation over that, it is a very risky thing. Cities have loss under those circumstances. That is
the argument that will be made by the developers,that an action was taken, an agreement was put
together, and money was expended on reliance of that and if that change detrimentally affects the
development, then the cost of damages can be sought against the City. That has happened in a
number of cases where cities have lost those cases. Mr.Long stated there is a fairly good risk on that
issue.
Mr. Stigney questioned the established cost sharing that is presently per the development agreement,
or some agreement with the developer, and the cost sharing basis be asked to be changed at all.
Mr. Jopke stated it is in the form after development agreement which the City has signed.
Mr. Stigney questioned the point of uncomfortableness with this project, if voted against, or ask for
a delay until our next Council meeting, is this going to put anything in jeopardy as far as legal risk.
Mr. Long stated he is not sure about the timing of the issues, but if there is some issue relating to
when this has to go in order to be approved,the question becomes one of whether or not the delay
is unreasonable and is causes detriment to the development project, i.e., starting date, calculate the
loss of revenue from that,that could possibly create some risk. That would not be the same issue
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as if he changed the agreement,but the question of how long a delay before it becomes unreasonable
is the factual question. If you were thinking of doing that, or if you don't think you have three votes
tonight to pass it,then you can wait for the next Council meeting for additional information would
not be unreasonable, but I don't know of the timing of the MNDOT specifications process.
Mayor Coughlin stated now is not the time at this point in the game to start standing on principle.
Mayor Coughlin stated his respect to the right to stand on principle here. The time involved in this
project is fast leaving us. Mayor stated he is in a situation where he is a new Mayor, with most of
the decisions made for me up to this point. Mayor Coughlin stated he has to stand on whatever
wisdom there was in getting us to this point, and have a theater is going to open, and to put more of
the traffic out on Highway 10 faster, or we can dump more of it out on H. 2. Mayor Coughlin stated
he would have liked to have made changes, but hindsight is 20/20. Mayor Coughlin stated we have
before us is essentially the end of the line and I do not want at this point the City to die on this hill
on principle. Mayor Coughlin respects the right to stand on this issue. Mayor Coughlin believes
we need to move forward on this,to"take our lumps"and move on. Mayor Coughlin,with this said,
stated he will support this resolution.
Mr. Smith stated we have worked in good faith with the City, and the staff, with the Council, and
with the citizens of this City. We have not always agreed, but we have come to an agreement, it is
written and is a legal document. Mr. Smith stated they have waited for a period of time to get
Highway 10 access. Mr. Smith stated he does have a legal right to use County Road H. 2. Mr.
Smith stated he does not want to do that. Mr. Smith stated he has been working on the schedule for
the four or five months in regards to the bid process, approving plans, and so forth. Mr. Smith he
would like to go on record as being of a representative of Mr. Anthony and Carmike Cinemas that
if, in fact, we plan to delay, we will look for compensation from the City from a legal standpoint.
Mr. Stigney asks if a delay to the next Council meeting cause initiation of legal action on your part.
Mr. Smith stated this would initiate legal action.
David Jahnke, 8428 Eastwood Road. Mr. Jahnke would like to ask the Mayor that this is a
foregone conclusion, no matter how it is looked at. Mr. Jahnke stated he has been to most of the
meetings when we had this battle. Mr. Jahnke stated he is aware of Mr. Stigney's principle, and Mr.
Jahnke firmly supports that. Mr. Jahnke stated it is a foregone conclusion. Mr. Jahnke asks on
resolution, is there a three-minute deal on resolution. I think that we have, if need to be, more time.
Mayor Coughlin stated it is the Chair's decision whether or not you are granted more time than three
minutes. Essentially as a rule, three minutes, but if need be Mayor Coughlin can grant additional
time.
Mr. Bruce Brasaemle (did not state address). Mr. Brasaemle stated his respect for Councilman
Stigney's matter of principle. It is important also to realize that from the realignment and signal at
the corner of Edgewood and Highway 10. Whether or not you were ever for the Community Center,
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whether or not you were ever for the theater project, the fact of the matter remains both are being
developed and/or are developed, and they are going to create some traffic issues with the corner of
Edgewood Drive and T.H. 10. Mr. Brasaemle would encourage you to do perhaps what might be
difficult in swallowing principle if need be and move this forward so that there are no further delays,
not to mention the fact that I don't think it would be wise to open up the City to liability if the
developer of the theater should choose to pursue that. Mr. Brasaemle would like to reinforce the
matter of this being the benefit to the Community Center, in addition to the theater project. Mr.
Brasaemle does not know whether the current split as far as paying for this project is appropriate,
I do believe that the City should cover at least 50%to the Community Center,but whether or not 3/4
is appropriate, or 1/4, again as Mayor Coughlin has said,that is something that was decided and has
been basically put in your lap,your hands are tied. This is unfortunate in some ways, but I think it
is time to move on. I would encourage you to pass this resolution.
Mr. Stigney realizes that most of the comments are directed to the principle in my previous vote, and
will not subject the City to litigation. Mr. Stigney states he does feel uncomfortable being forced
into voting for something that I opposed from day one as far as cost sharing, to use all our MSA
money from the City to do the road construction and to pay '/4 of the light, when Mr. Stigney feels
that it is a 50/50 benefit. I am fully aware of the Community Center,and the need for traffic control.
Mr. Stigney's personal feeling was that from the beginning as long as the traffic light was not
allowed to come in,that should have put a stop to the project right there. It was contingent getting
traffic control in here and the developer was going to work with the City. It turned out that the City
took the brunt of it. The Council made that decision,but not with my vote, so I am reluctantly going
to support it, against principle,just because I don't want to put the City in a legal situation.
Mayor Coughlin stated he has respected Mr. Stigney's stand on principle, even if we may or may
not agree on specifics. It takes a particular character in an individual to be able to stand up to the
slings and arrows over time and stand believing that your position is right and just, and I will say
outside of the context of this discussion that I have been impressed by that ability of yours to do so.
Motion/Second: Coughlin/Thomason. To approve resolution No. 5316, approving plans and
specifications, authorizing advertisement and establishing a bid date for project 99-2 realignment
of Edgewood Drive and T.H. 10 signal construction.
Ayes - 3. Nays-0. Motion carries.
ITEM 9D
Consideration of risk management and process safety management proposals.
Mr. Mike Ulrich stated the proposal set at last week's work session requested that these be sent back
to the City Council for further discussion. Mr. Ulrich stated Risk Management and Process Safety
Management are programs mandated by the EPA. The Process Safety Management is OSHA
regulation. The City is required to put forth both these programs into place and get done with Risk
Management by June 21. Staff received three proposals of this. The amount of project can vary
C:\ADMIN\MINUTES\CC\2-22-99.CC11
OVEIJ
u ' p -
with the amount of time, effort, and things that staff has to provide to the consultant for this project.
As stated in the staff report,we will do everything in our power to provide as much information and
as much as clerical time from staff as we can. Mr. Ulrich stated staff would recommend that the
proposal be awarded to Wenck.
Mr. Stigney questioned if these were mandated programs, or are these new programs, or is this
something done periodically.
Mr. Ulrich stated the process safety was actually brought in by OSHA in 1992 and it is something
that the City was not aware of, at least the staff members at the time, and talked to many other cities
and there a quite a few other cities also that are also doing the Process Safety Management. The
Risk Management program was put forth by the EPA with the clean air act and that was just brought
in as legislation late last fall.
Mr. Stigney questioned the prices are $16,000 to $18,000,just what does this program consist of.
What is the justification for that type of cost.
Mr. Ulrich stated the Process Safety Management is actually a majority of the cost. If that would
have been depleted back in 1992, about 80%of that Process Safety,which is the standard operating
procedures, and training and cautions and building maintenance, and equipment maintenance, and
all those procedures all wrapped up into a manual that the City follows on all confined space entry,
water treatment facilities, and waste water collection facilities. That is a vast majority or bulk of the
actual risk management program. We received the threshold point for chlorine storage and process
at water treatment plant one. The threshold that pushes us into the Risk Management program is
2500 pounds of chlorine. We have a capacity of storing 4000 pounds. That pushes up to basically
forces us to do the Risk Management Program. We have looked at the options of lessening our
chlorine amount there,which would only increase staff time in changing chlorine tanks,would raise
the price of our purchase for chlorine as chemicals, and also raises the incidence that we have to go
down and actually change chemical tanks, which in some cases you could conceive as increasing
the chance of an accident or a release. Mr. Ulrich stated by doing the Risk Management Program,
we have to consult and use profiles that would determine the amount of people or air affected will
by a sudden release of that chemical. A ten minute release, from 4000 pounds of chlorine. It is
merely a precautionary step. It involves the community. There is some community education.
Fliers will be sent out. It does not get real specific, because there is a certain amount of caution to
anybody that may be interested in some of those facts. We are required to put our Risk Management
Program on the INTERNET so it is all filed electronically, so anybody, in any city, state, or any
place in the world could find out what our Risk Management Program is. Mr. Ulrich stated it is
merely a safety program in which everything has to be documented.
Motion/Second: Coughlin/Stigney. To authorize consideration of risk management and process
safety management proposals.
Ayes - 3. Nays-0. Motion carries.
C:\ADMIN\MINUTES\CC\2-22-99.CC12
U NA p p 01.1 11
ITEM 9E V E
+
Consideration of the catering services at the Community Center,both the food service and the liquor
service,to be taken off the agenda be brought before us at the next available work session and then
for future consideration at another time at a Council meeting.
ITEM 9F
Consider authorizing the purchase of additional equipment for Community Center with TIF funds.
Mr. Long stated was presented with a list of the proposed items in question of whether TIF funds
could be used to purchase these. Mr. Long stated the answer is yes. These would be considered to
be essentially the fixtures and furnishings part of a capitol hallway. There is also some language in
the statute that allows for operating expenses out of TIF.
Mr. Long stated the question specifically asked was a list of items. If there are other items that
would be related to either what we would consider to be fixtures or furnishings, this would not be
a problem for using TIF for those purposes.
Ms. Julie Olson stated for clarification,the last figure that the finance director stated this additional
equipment would not be above and beyond that last figure of 6.2. Everything else that we wanted,
the 6.24.
Mr. Whiting stated the bid award was 6.2 million. $200, 000 is still needed to complete the
purchasing of the materials.
Mr. Stigney had a question for the City Attorney, he brought up the possibility of others using the
TIF funds for operational expenses. Mr. Stigney wonders if this is going to be talked about this
evening or a future time.
Mr. Long stated he only referenced that, because he told Mr. Whiting-today, in researching this
question, and getting statutes about the use of TIF for Community Centers,there actually is some
broad long in the statutes about use of TIF funds for operating a project. This would be considered
a project of the City and so is actually fairly flexible in terms of those funds, which actually
surprised me,because I have never had to go back and look at that. You can actually use it for more
than this. Mr. Long does not suggest you do that, but Mr. Long wishes the Council to have that
information.
Mr. Stigney asks if this could be brought forth to us so we know what we are dealing with as far as
operational possible usage.
Motion/Second: Stigney/Thomason. To approve authorizing the purchase of additional equipment
for the Community Center with TIF funds requested by the Parks and Recreation Commission.
C:\ADMIN\MINUTES\CC\2-22-99.CC13
uNAppRovED
Ayes - 3. Nays - 0. Motion carries.
Mayor Coughlin recessed to closed session.
Mayor Coughlin adjourns the meeting at 8:40.
Respectfully submitted,
(160414,- 11/1.1444,091
James Merrill
C:\ADMIN\MINUTES\CC\2-22-99.CC14
MOUNDS VIEW CITY COUNCIL APPROVED
CITY COUNCIL MEETING MINUTES
MONDAY, FEBRUARY 8, 1999
7:00 PM
1. CALL MEETING TO ORDER
Mayor Coughlin calls meeting to order.
2. ROLL CALL
Mr. Whiting does roll call. Mayor Coughlin, Council members Quick, Marty, Stigney, Thomason, present.
3.APPROVAL OF MINUTES
4. SPECIAL ORDER OF BUSINESS
Certificate of appreciation for Senior Station Captain Scott D. Drewitz, retired January 7, 1999, upon
completion of 22 years of service with our department. He joined the department on April 3, 1976, while a
senior at Centennial High School. The principal had given special permission for Seniors to become
volunteer fire fighters and respond during school hours to station four. In 1978 Scott moved to station one
area where he served the rest of his tenure with the department. He was promoted to the rank of Captain
in November 1980 and served as Senior Station One Captain from 1992 to 1994 and again 1996 until his
retirement. He also served as Station One Engineer, Fire Inspector, Deputy Fire Marshal, and Auxiliary
Instructor in the areas of medical and aircraft training. Scott attended many special training classes on
various areas of fire fighting including fire inspection and prevention, arson detection, radiological
monitoring, fire command, leadership, hazardous materials emergencies. He was certified as an EMT,
paramedic and at the fire fighter one, two and three levels. During his 22 years of service, Scott
responded to more than 3150 fire calls, and attended over 1000 weekly drills. In addition to his fire
fighting duties, he willingly assisted with the fire prevention and public fire education presentations and
events and participated in our annual open house and tours. Scott received several awards over the
years and that included an award of merit for outstanding service in District One in 1981, and award of
valor for rescuing a resident at a house fire in 1982, a distinguished service award for exemplary
performance in contributions to the fire department and community in 1984, award of merit for attending
the most drills at station one in 1985 and 1986, and the fire chief's honorable mention for duties beyond
expectations in 1986.
The city of Mounds View would like to give a certificate of appreciation. The City of Mounds View
recognizes Scott D. Drewitz Senior Station Captain of Spring Lake Park, Mounds View fire department.
Mayor Coughlin requests reports.
Mr. Stigney attended the Planning Commission meeting, the first meeting is to go through bylaws. The
Planning Commission did so and made some minor changes and tried to clarify things.
The second thing discussed outdoor produce sale the City has in Mounds View, some that come every
year that have to reapply for a conditional use permit. They raised some questions as to how it might be
more easily handled with staff, rather than coming back to the Planning Commission all the time.
Mayor Coughlin stated a public thank you to Poncho Henderson down at the Metropolitan Council. He
gave a tour of all the facilities including the under belly of the sewage treatment plant for St. Paul. Gave a
tour, updates on Y2K for their computer system, with assurance they are Y2K compliant.
MOUNDS VIEW CITY COUNCIL APPBOVED
CITY COUNCIL MEETING MINUTES
MONDAY, FEBRUARY 8, 1999
PAGE 2
Mayor Coughlin stated he had also attended Ramsey County League meeting.
Coughlin stated northwest youth and family services outstanding youth. Mayor Coughlin extends
congratulations to officer Tim Brennen who had received an award for his youth work D.A.R.E. program
and other outreach programs with our middle school and our elementary school.
Mayor Coughlin publicly thanks Bruce (Vento) for taking the time to have a town hall meeting here this last
Saturday in talking about some of the issues pertaining to Mounds View.
Mr. Marty stated at this time we have 125 people registered in programs coming out in the next Mounds
View matters, we have 11 new programs. Tai Chi, ballroom dance, senior programs, senior trips, 55 alive
classes, full at this time, also council meetings for community hospital. Another program working on is
karate, live dancing, starting up swimming lessons, teen nights, two nights a month, for two hours. They
are going to be having movies this fall and different activities. This will be supervised. We need an $8000
gym curtain which goes down the half court of the gym and so we will have two basketball courts. Wall
padding was discussed because there is not enough runoff area under the baskets. A few items on wish
list for the public, a refrigerator for the senior center so the seniors can meet and have their medication or
bring snacks. TV and VCR for the meeting rooms. Ping pong tables. Also for donations for games and
equipment for the teen area, or open nights for the City. The community is requested to donate these
items. There is an
outdoor sandlot volleyball, we have supplies that need to be moved. Outdoor basketball court. City
Forester has some landscaping and suggestions for when things melted off. Electronic score board was
discussed.
6. CONSENT AGENDA
6A. Approve just and correct claims.
6B. Approve the booster station upgrade and Y2K system.
6C. Set a public hearing at 7:05, Monday, February 22, 1999, to consider resolution 531 regarding
conditional permit, use permit for an oversized garage located at 8100 Long Lake Road.
Motion/Second: Stigney/Coughlin. All in favor of items on the consent agenda. Ayes- 5. Nays-0.
7. UNFINISHED BUSINESS
7A. Discussion on city cell phones and their usage.
Move this discussion to the work session.
At the work session if staff could bring forth the actual cost incurred last year using cell phones and the
cost justifications for which cell phones are needed by whom in the city and see if there is some
alternative communications.
8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
David Jahnke: 8428 Eastwood Road. Resolution on Edgewood Drive last week that there was a vote 4 to
MOUNDS VIEW CITY COUNCIL APPBOVED
CITY COUNCIL MEETING MINUTES
MONDAY, FEBRUARY 8, 1999
PAGE 3
1. Mr. Jahnke asked if this was a preliminary vote with MNDOT.
Mr. Jopke stated staff was seeking direction in permission to submit preliminary plans to MNDOT for
Edgewood Drive relocation and signal construction on 10 and preliminary plans have been sent to them
subsequent to that meeting.
Mr. Jahnke is concerned about the$8000 and where that is coming from.
Mr. Whiting stated we have a little over$200,000 in the park dedication fund and we can tap into some of
this money for that which we already have this in the fund now. It is used for maintaining the parks and
maintaining the equipment and building meeting houses. Woodcrest had allotted for$30,000 for building
development on Woodcrest Park but because of the land it is not feasible to build there.
9A. PUBLIC HEARING AND SECOND READING OR ORDINANCE NO. 626
Mayor Coughlin opens the public hearing for the second reading of ordinance 626, relating to the
changing of the Planning Commission memberships to nine members.
Ms. Schmidt stated fund directions from the City Council the staff has amended chapters 401 and 405,
through ordinance 626, and 627, which increases the Planning Commission membership as well as the
Park and Recreation commission membership to nine members. This is the second and final reading of
the ordinance for those items.
No public input.
Motion/Second: Marty/Stigney. Move to approve ordinance 626, waive the reading.
Mr. Whiting does role call vote. Council member Marty, Thomason, Quick, Stigney, mayor Coughlin.
Motion passes 5-0.
9B. PUBLIC HEARING AND SECOND READING OF ORDINANCE NO. 627.
Mayor Coughlin closes the regular meeting and opens the public hearing on the second reading of
ordinance 627 relating to the changing of Park and Recreations memberships to nine members.
Ms. Schmidt stated upon direction from Council and staff on chapter 405 of municipal code Park and
Recreation Commission from seven members to nine members.
No public discussion.
Mayor Coughlin stated Council has before you ordinance 627.
Motion/Second: Marty/Thomason. Move approval, and waive the reading for ordinance 627.
Mr. Whiting stated unlike the prior ordinance this is a change in membership to be effective in 30 days.
Mr. Whiting does a roll call vote.
MOUNDS VIEW CITY COUNCIL AppRovrD
CITY COUNCIL MEETING MINUTES
MONDAY, FEBRUARY 8, 1999
PAGE 4
Council Members Thomason, Quick, Stigney, Marty, Mayor Coughlin. Motion passes, 5-0.
9C. Consideration of setting up special council work session February 16, 1999, at 6:00 p.m. at City Hall.
Motion/Second: Coughlin/Marty. Consideration of setting up special council work session on February 16,
1999.
Ayes -5. Nays-0.
9D. Consideration of resolution 5310, requiring all City Council, boards, commissions and committees to
cablecast their meetings.
Ms. Schmidt stated this resolution requires all City Council, boards, and commissions to cablecast their
meetings beginning on April 1.
Motion/Second: Stigney/Marty. Move to approve resolution number 5310, with the change of work
session to special session.
Mayor Coughlin calls for vote.
Ayes- 5. Nays-0.
9E. Consideration of resolution 5311, appointing members to the Mounds View Planning Commission.
Brian Kaden with the term to expire in 2001. Michael Berke, term to expire in the year 2000. Ordeen
Braathen, term to expire in 2001. William Laube, term to expire in 2001, and Michael Hedland, term to
expire in the year 2000.
Motion/Second: Quick/Thomason. All in favor of approving resolution 5311 appointing the said members
to the Planning Commission.
Ayes-5. Nays -0. Motion carries.
Mayor Coughlin calls for meeting to be adjourned. The next work session to be on Tuesday February 16.
Mayor Coughlin opens the economic development authority meeting.
Mr. Whiting calls roll. President Coughlin, vice president Stigney, commissioner Marty, commissioner
Quick, commissioner Thomason.
Mayor Coughlin stated approval of the minutes after ample time to read them.
5A. Consideration of resolution 9988103, approving a grant application to Ramsey County for CBDG
funds to promote crime-free multi-housing.
Motion/Second: Marty. To approve resolution 9988103.
Mayor Coughlin calls for the vote.
Ayes- 5. Nays-0. Motion carries.
MOUNDS VIEW CITY COUNCIL APPROVED
CITY COUNCIL MEETING MINUTES
MONDAY, FEBRUARY 8, 1999
PAGE 5
5B AND 5C. Consideration of resolution 9988104, and resolution 9988105, approving grant application to
Ramsey County, CDBG fund and MHFA super fund for providing funding for housing replacement
program.
Motion/Second: Quick/Stigney. Approval of resolution 9988104, and 9988105.
Ayes -5. Nays-0. Motion carries.
Resolution 9988107, appointing economic development commission members. Mayor Coughlin presents
as president of this authority the following names of Julie Ann Olson, and Jerold A. (Conn). Both of these
positions are for business related seats on the economic development commission. Julie Olson is a real
estate agent and Jerold (Conn) is the owner and operator of Action Press here in Mounds View. Mayor
Coughlin presents this before the authority for consideration.
Motion/Second: Marty/Thomason. Approve resolution 9988107, appointing economic development
commission.
Ayes -5. Nays-0. Motion carries.
Mayor Coughlin closes meeting.
Respectfully submitted,
n �
C- va-A— Y` -1/LE=h)A.6 /�
James Merrill
64-
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING JUST AND CORRECT
CLAIMS AGAINST CITY FUNDS
WHEREAS, the City of Mounds View,pursuant to Minnesota Statute 412.141,
has full authority over the financial affairs of the City and;
WHEREAS,the City Council has reviewed the claim numbers:
12883 through 12994 in the amount of$ 226,811.83
100116 through 100126 in the amount of$ 3,558.55
TOTAL AMOUNT OF CLAIMS PRESENTED: $ 230,370.38
and has found said claims to be just and correct;
It was moved that the City Council of Mounds View hereby approved the attached
list of claims dated 03/09/99 by the vote ayes nayes
Mayor
Clerk-Administrator
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 1
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Ranges: Fund: (A)
Dept Id: (A)
Program: (A)
Vendor #: (A)
Invoice #: (A)
Schedule Journal #: (A)
Bank #: (A)
Cash #: (A)
Payroll Check Dates: (A)
Options: Print: A Sort: V
Report Format: 1 Print Ranges/Options: Y
# of copies: 1 Process Payroll: N
Total By Account: Y Page on Sort: N
Check # Vendor Alpha Name Description All Amount
100118 AARP 55 Alive Class 4352 120.00
100117 AARP 55 Alive Class-Feb.4-11 4352 264.00
Total for Vndr A A R P 384.00*
12893 A T & T Wireless State Display Service 4200 7.52
Total for Vndr A T & T Wireless 7.52*
12894 A.U.S. Communications, Cabling Contract 4160 5,017.13
Total for Vndr A.U.S. Communica 5,017.13*
12895 Ace Solid Waste, Inc. Rubbish Removal-Bridges 4901 197.98
12895 Ace Solid Waste, Inc. Rubbish Removal-Comm. Ct 4350 246.40
12895 Ace Solid Waste, Inc. Rubbish Removal-Police 4160 253.90
12895 Ace Solid Waste, Inc. Rubbish Removal-Public W 4360 246.40
Total for Vndr Ace Solid Waste, 944.68*
12896 Airtouch 799-4020 4180 11.12
12896 Airtouch Police Cell Phones 4200 132.76
Total for Vndr Airtouch 143.88*
12897 All City Elevator, Inc Bi-monthly elevator sery 4160 73.00
12897 All City Elevator, Inc Hydraulic Safety Test 4160 150.00
Total for Vndr All City Elevato 223.00*
12898 American Office Produc Business Cards-Mayor, Co 4100 103.84
12898 American Office Produc Calculator, Ring Binders 4150 204.20
12898 American Office Produc Certificate Frames 4100 102.67
12898 American Office Produc Lanier Drum Cartridge 4200 166.14
12898 American Office Produc Name Plates 4110 69.01
12898 American Office Produc Notary Stamp 4160 23.43
12898 American Office Produc O'Head Projector,A.V.Car 4350 1,978.45
12898 American Office Produc Signature Stamp-Coughlin 4100 28.76
12898 American Office Produc White Boards,Folders,Sor 4350 395.54
Total for Vndr American Office 3,072.04*
12899 Amerigas Propane L. P. Propane 4470 3,560.09
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 2
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr Amerigas Propane 3,560.09*
12900 AmeriPride Linen & App Floor Mats 4160 221.29
Total for Vndr AmeriPride Linen 221.29*
12901 Anchor Paper Co. Clear Soap, Deodorizer R 4460 296.24
Total for Vndr Anchor Paper Co. 296.24*
12902 B & L Steel & Tube, In Tubes 4350 168.70
Total for Vndr B & L Steel & Tu 168.70*
100119 Bankcard Center Paper Direct-5 Fonts 4350 15.95
100119 Bankcard Center Paper Direct-Podium 4350 449.95
100119 Bankcard Center Target-Filters 4160 19.16
Total for Vndr Bankcard Center 485.06*
12903 Batteries Plus Batteries 4462 56.43
12903 Batteries Plus Drill Pods, Battery Pack 4360 212.96
Total for Vndr Batteries Plus 269.39*
12904 Beisswengers 4350 -4.26
12904 Beisswengers Adhesive 4360 7.43
12904 Beisswengers Bleach, AC Cord 4350 13.29
12904 Beisswengers Bolts, Nuts 4350 6.07
12904 Beisswengers Brush, Roller Frame, Tra 4360 33.47
12904 Beisswengers Coupling 4350 3.93
12904 Beisswengers Keys 4360 2.00
12904 Beisswengers Shelf Brackets, Anchors, 4350 63.14
12904 Beisswengers Speedi Plumb 4160 11.48
12904 Beisswengers Turnbuckle 4823 4.25
12904 Beisswengers Wall Track 4350 28.17
12904 Beisswengers Wastebasker,Anchor,Rolle 4160 17.95
12904 Beisswengers Wastebasket, Paper Towel 4160 30.28
Total for Vndr Beisswengers 217.20*
12905 Best Buy Microcassettes 4200 48.93
Total for Vndr Best Buy 48.93*
12906 Bob's Personal Coffee Coffee 4160 48.24
Total for Vndr Bob's Personal C 48.24*
12907 Bredemus Hardware Co., 8500 Body AC 4460 74.55
Total for Vndr Bredemus Hardwar 74.55*
100123 Brock White Company Seminar 4470 75.00
Total for Vndr Brock White Comp 75.00*
12908 Bumper to Bumper '91 Olds Truck Parts, Ae 4462 17.57
12908 Bumper to Bumper Disc Pad Set 4462 76.26
12908 Bumper to Bumper Filters 4465 71.23
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 3
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr Bumper to Bumper 165.06*
100126 Burnet Realty Special Assessment for 7 1,175.35
Total for Vndr Burnet Realty 1,175.35*
12909 Century College No Show Fee 4200 20.00
Total for Vndr Century College 20.00*
12958 City of New Brighton P School Liaison Officer 4200 9,467.00
Total for Vndr City of New Brig 9,467.00*
12911 Clearbrook Industries Bacteria Plus 4350 399.60
Total for Vndr Clearbrook Indus 399.60*
12912 Cottens, Inc. Bulb 4360 2.23
12912 Cottens, Inc. Relays 4462 37.57
Total for Vndr Cottens, Inc. 39.80*
12913 D. C. A. Inc. Flex.Spending Acct.-Janu 4160 150.00
Total for Vndr D. C. A. Inc. 150.00*
12914 David-Geoffrey & Assoc Golf Merchandise 4901 283.00
Total for Vndr David-Geoffrey & 283.00*
12915 Davies Water Equipment 8 x 15 Repair Clamp 4823 128.79
12915 Davies Water Equipment Coupling Clay 4823 32.46
Total for Vndr Davies Water Equ 161.25*
12916 Doug's T V, Appliance Equipment Repair 4350 25.00
Total for Vndr Doug's T V, Appl 25.00*
12917 Ebert Construction City Hall Remodeling 4160 24,392.00
Total for Vndr Ebert Constructi 24,392.00*
100116 Elegant Thymes Caterin Minneapolis Church 2/6/9 405.81
Total for Vndr Elegant Thymes C 405.81*
12918 Erickson P.H.C. Overpayment of Permit 29.86
Total for Vndr Erickson P.H.C. 29.86*
12919 Firstar Trust Co. Agent Fees 4820 273.50
Total for Vndr Firstar Trust Co 273.50*
12920 Focus News Notice of Public Hearing 4180 51.30
Total for Vndr Focus News 51.30*
12921 Force America Micron Filler-Breather 4465 28.88
Total for Vndr Force America 28.88*
12922 Four by Four Service Alignment 4462 24.00
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 4
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr Four by Four Ser 24.00*
12923 G T E Sun Community Di Directory Listing 4901 375.84
Total for Vndr G T E Sun Commun 375.84*
12924 Gillund Enterprises Lubricants 4462 288.16
Total for Vndr Gillund Enterpri 288.16*
12959 Greg Norman Collection Golf Merchandise 4901 1,516.30
Total for Vndr Greg Norman Coll 1,516.30*
12925 H & B Construction Community Center Bleache 4650 17,503.00
Total for Vndr H & B Constructi 17,503.00*
12926 Health Services of Nor Drug/Alcohol Testing 4160 109.44
Total for Vndr Health Services 109.44*
12927 Hughes & Costello Legal Services-February 4200 3,500.00
Total for Vndr Hughes & Costell 3,500.00*
12883 ICMA Retirement Trust ICMA for 02/19/99 5,538.45
Total for Vndr ICMA Retirement 5,538.45*
12928 Industrial Door Co. Linear Receiver 4460 47.16
Total for Vndr Industrial Door 47.16*
12929 Infratech Joint grouting 4823 1,675.00
Total for Vndr Infratech 1,675.00*
12930 Innovative Images April Contract 4350 1,500.00
12930 Innovative Images March Contract 4350 1,500.00
Total for Vndr Innovative Image 3,000.00*
12931 Insty Prints Bridges Bucks, Patron Ca 4901 84.51
12932 Insty Prints Community Center Brochur 4353 327.08
Total for Vndr Insty Prints 411.59*
12933 Jerry's Floor Store Basement Carpeting 4160 714.62
Total for Vndr Jerry's Floor St 714.62*
12910 Joan Chaika Meter Refund 30.00
Total for Vndr Joan Chaika 30.00*
12934 Kath Auto Parts & Mach Disc Brake Set, Brake Sh 4465 86.15
Total for Vndr Kath Auto Parts 86.15*
12935 Kath Fuel Oil Service Tre-New Car Blue 4462 8.31
12935 Kath Fuel Oil Service Window Washer Solvent 4462 101.18
Total for Vndr Kath Fuel Oil Se 109.49*
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 5
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12936 Kennedy & Graven 2091 Hillview Road 4180 23.00
12936 Kennedy & Graven Administration 4160 1,781.73
12936 Kennedy & Graven Airport Litigation 4100 23,484.69
12936 Kennedy & Graven Amount deducted twice 4160 350.00
12936 Kennedy & Graven Building Code Enforcemen 4180 231.50
12936 Kennedy & Graven General Real Estate Matt 4160 241.50
12936 Kennedy & Graven General Zoning Matters 4180 460.00
12936 Kennedy & Graven Harstad vs. City of Moun 4180 563.50
12936 Kennedy & Graven O'Neil Property PUD 4180 5.00
12936 Kennedy & Graven Personnel Matters 4160 581.78
12936 Kennedy & Graven Preferred Builders Contr 4650 124.00
12936 Kennedy & Graven Saarion/Johnson Personne 4160 684.70
12936 Kennedy & Graven Silver View Estates 4180 116.70
Total for Vndr Kennedy & Graven 28,648.10*
12938 Knox Commercial Credit Bright Finish Nails 4160 13.55
12938 Knox Commercial Credit Flanged Tailpc.,Sink Str 4160 10.07
12938 Knox Commercial Credit Foot Bolt, Bar Holder 4350 35.36
12938 Knox Commercial Credit Paint, Brushes 4160 58.62
12938 Knox Commercial Credit Paint, Brushes, Razor B1 4160 30.31
12938 Knox Commercial Credit Plywood, Lumber, Hinges 4350 260.24
12938 Knox Commercial Credit Poly Seamseal,Sink Strai 4160 79.48
Total for Vndr Knox Commercial 487.63*
12939 Larsco, Inc. Striker Assembly 4823 113.93
Total for Vndr Larsco, Inc. 113.93*
12940 League of Minnesota Ci Claim Settlement 4900 2,124.50
Total for Vndr League of Minnes 2,124.50*
12941 Lightning Printing Wedding Client Profile F 4350 105.44
Total for Vndr Lightning Printi 105.44*
12942 M.A.M.A. Luncheon Meeting 2/18/99 4130 16.00
Total for Vndr M.A.M.A. 16.00*
100124 MacQueen Equipment, In Elgin Sweeper Clinic 4417 160.00
100124 MacQueen Equipment, In Vactor Clinic 4462 225.00
Total for Vndr MacQueen Equipme 385.00*
12943 Manpower Receptionist 4823 1,057.72
12943 Manpower Temp.Receptionist 4823 377.52
Total for Vndr Manpower 1,435.24*
12937 Marilyn King Class Refund 20.00
Total for Vndr Marilyn King 20.00*
12944 Masys Corporation Enfors Maintenance 4200 623.69
Total for Vndr Masys Corporatio 623.69*
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 6
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12945 Metro Council Environm Service Availability Cha 1,039.50
Total for Vndr Metro Council En 1,039.50*
12946 Metro Legal Services, Del. to B.Long 4100 9.00
12946 Metro Legal Services, Del. to S.Riggs 4100 16.00
Total for Vndr Metro Legal Sery 25.00*
12982 Michelle Tallman Class Refund 15.00
Total for Vndr Michelle Tallman 15.00*
12947 Micro Warehouse Computer Equipment 4160 4,799.97
Total for Vndr Micro Warehouse 4,799.97*
12948 Micron Electronics, In Computer Equipment 4160 1,576.73
Total for Vndr Micron Electroni 1,576.73*
12949 Midwest Public Golf Ma Membership Dues 4901 50.00
Total for Vndr Midwest Public G 50.00*
12950 Minar Ford Oil Plug 4465 2.33
Total for Vndr Minar Ford 2.33*
12951 Minnegasco Natural Gas 4901 85.20
Total for Vndr Minnegasco 85.20*
12884 Minnesota Benefit Asso MN Benefits for February 333.36
Total for Vndr Minnesota Benefi 333.36*
12885 Minnesota Child Suppor Child Support for 02/25/ 690.90
Total for Vndr Minnesota Child 690.90*
12952 Minnesota Department o Water Supply Connection 4,045.28
Total for Vndr Minnesota Depart 4,045.28*
12953 Minnesota Department o Hazardous Waste Base Tax 4460 50.00
Total for Vndr Minnesota Depart 50.00*
100120 Minnesota Dept. of Hea Water Supply Operator Li 4823 32.00
Total for Vndr Minnesota Dept. 32.00*
12886 Minnesota Mutual MN Mutual for 02/23/99 307.69
Total for Vndr Minnesota Mutual 307.69*
12887 MINNESOTA STATE RETIRE MN Retirement for 02/19/ 300.00
Total for Vndr MINNESOTA STATE 300.00*
12954 Minnesota State Treasu Building Permit Surcharg 1,360.01
Total for Vndr Minnesota State 1,360.01*
12955 Morton Salt Road Salt 4472 6,448.62
I.
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 7
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr Morton Salt 6,448.62*
100125 MUTEC Seminar Seminar 4475 90.00
Total for Vndr MUTEC Seminar 90.00*
12956 Natty Incorporated Golf Merchandise 4901 617.00
Total for Vndr Natty Incorporat 617.00*
12960 Northern Sanitary Supp Broom, Mopheads, Brush 4350 60.55
12960 Northern Sanitary Supp Towels, Squeegee 4350 42.17
Total for Vndr Northern Sanitar 102.72*
12961 Northern States Power 2271 Co. Rd. J W.-Sire # 4200 6.44
12961 Northern States Power 2335 Knoll Dr.-Greenfiel 4360 112.31
12961 Northern States Power 2401 Highway 10 4360 24.60
12961 Northern States Power 2401 Hwy. 10-City Hall/P 4160 1,123.30
12961 Northern States Power 2401 Hwy. 10-Police/City 4160 905.60
12961 Northern States Power 2710 Co. Rd. I 4360 19.87
12961 Northern States Power 2752 Woodcrest Dr.-Shelt 4360 54.32
12961 Northern States Power 2764 Ardan Ave. 4360 7.68
12961 Northern States Power 2815 Ardan Ave. 4360 93.43
12961 Northern States Power 2815 Ardan Ave.-Warming 4360 60.59
12961 Northern States Power 2815 Ardan-Civil Defense 4200 6.44
12961 Northern States Power 5214 Long Lake Rd. 4360 28.97
12961 Northern States Power 5214 Long Lake Road 4360 52.01
12961 Northern States Power 5324 Jackson Dr. 4360 78.68
12961 Northern States Power 5324 Jackson Dr.-Lambert 4360 94.87
12961 Northern States Power 5466 Adams St. 4416 14.30
12961 Northern States Power 7840 Pleasant View Dr.N. 4350 13.95
12961 Northern States Power 7901 Greenwood Dr. 4360 120.35
100121 Northern States Power 8290 Coral Sea-Irrigatio 4900 385.63
Total for Vndr Northern States 3,203.34*
12962 Northern Tool & Equipm File Set,Wrench Holder,P 4360 37.20
12962 Northern Tool & Equipm Pipewrench,Chisel Set,Ad 4360 105.54
Total for Vndr Northern Tool & 142.74*
12963 Pomp's Tire Service, I Filters 4900 41.11
12963 Pomp's Tire Service, I Tire Repair 4900 28.00
Total for Vndr Pomp's Tire Sery 69.11*
12888 Public Employees Insur Health Ins. for March 4200 15,669.38
Total for Vndr Public Employees 15,669.38*
12890 Public Employees Retir Defined Contributions fo 112.50
12889 Public Employees Retir PERA for 02/25/99 11,070.05
Total for Vndr Public Employees 11,182.55*
12964 Publicorp, Inc. Seminar Registration-Car 4650 165.00
Total for Vndr Publicorp, Inc. 165.00*
IOW
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 8
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12965 Ramsey County 4th Quarter Radio Servic 4200 16,472.60
12966 Ramsey County Data Processing Services 4160 9.93
12967 Ramsey County Recording Fee-Edgewood D 4180 26.15
Total for Vndr Ramsey County 16,508.68*
12968 Safety Kleen Corporati Petroleum Naptha 4460 129.40
Total for Vndr Safety Kleen Cor 129.40*
12969 Schwaab, Inc. Rubber Stamps 4180 44.04
Total for Vndr Schwaab, Inc. 44.04*
12970 Sears Tool Chest, Socket Racks 4360 120.85
Total for Vndr Sears 120.85*
12971 Short-Elliott & Hendri Misc. Services 4180 97.74
Total for Vndr Short-Elliott & 97.74*
12972 Shred-It Shredding 4200 49.95
Total for Vndr Shred-It 49.95*
12973 Sign-A-Rama, U.S.A. No Smoking Signs 4350 223.65
Total for Vndr Sign-A-Rama, U.S 223.65*
12974 Snap-On Tools Hex Set, Flex Set 4462 65.14
Total for Vndr Snap-On Tools 65.14*
12975 Snyders Film Processing 4200 6.37
Total for Vndr Snyders 6.37*
12976 Spalding Golf Merchandise 4901 9,076.29
Total for Vndr Spalding 9,076.29*
12977 Spring Lake Park Fire Fire Protection Service- 4210 24,094.00
Total for Vndr Spring Lake Park 24,094.00*
12978 St. Paul Pioneer Press Newspaper Subscription 4160 44.46
12978 St. Paul Pioneer Press Subscription 4901 49.01
Total for Vndr St. Paul Pioneer 93.47*
12979 Standard Spring of Min Springs, Pines, Bolts, L 4465 782.32
Total for Vndr Standard Spring 782.32*
12980 Streichers Professiona Filter, Map Light 4200 28.80
12980 Streichers Professiona Narcotics I.C. Kit 4200 27.14
Total for Vndr Streichers Profe 55.94*
12891 Sunrise United Methodi Sunrise for February 14.00
Total for Vndr Sunrise United M 14.00*
12981 Sysco Food Services of Cleaner, Degreaser 4350 49.03
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 9
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
Total for Vndr Sysco Food Servi 49.03*
12983 Toll Gas & Welding Sup Acetylene Cylinder 4460 5.89
Total for Vndr Toll Gas & Weldi 5.89*
12984 U. S. Filter Distribut Upper Oper.Rod, Brass Va 4823 747.80
Total for Vndr U. S. Filter Dis 747.80*
12985 U. S. West 783-1307 4360 40.39
12985 U. S. West 783-1326 4360 39.57
12985 U. S. West 785-0950 4360 49.59
Total for Vndr U. S. West 129.55*
12986 Unitog Rental Services Floor Mats 4350 28.12
12986 Unitog Rental Services Uniform Rental 4826 385.58
Total for Vndr Unitog Rental Se 413.70*
12987 US Bank Administration Fee 4650 250.00
Total for Vndr US Bank 250.00*
12988 Viking Safety Products Hard Hat, First Aid Kit 4360 46.21
Total for Vndr Viking Safety Pr 46.21*
12957 W. E. Neal Slate Co. Tackboards 4350 420.74
Total for Vndr W. E. Neal Slate 420.74*
12989 Warning Systems, Inc. Plastic Rear Seat, Labor 4200 473.95
12989 Warning Systems, Inc. Traffic Advisor Control, 4200 732.82
Total for Vndr Warning Systems, 1,206.77*
12990 Waste Management - Bla Rubbish Removal 4350 1,057.29
Total for Vndr Waste Management 1,057.29*
12991 Western Bank Savings Bond-Brunette 4420 50.00
12991 Western Bank Savings Bond-Holmquist 4420 50.00
12991 Western Bank Savings Bond-Swenson 4420 50.00
12892 Western Bank Savings for 02/25/99 120.00
Total for Vndr Western Bank 270.00*
100122 Western Bank-Shannon R AARP-snack 4352 5.54
100122 Western Bank-Shannon R Birthday Party supplies 4351 24.98
100122 Western Bank-Shannon R Increase Petty Cash 75.00
100122 Western Bank-Shannon R New Employees-snack 4353 6.15
100122 Western Bank-Shannon R Padlock, Couplers for Ph 4353 21.26
100122 Western Bank-Shannon R Teen Night snacks 4351 7.77
Total for Vndr Western Bank-Sha 140.70*
12992 Zacks Hammer Handle, Pliers, B 4462 155.97
Total for Vndr Zacks 155.97*
Date: 03/04/1999 Time: 16:22:23 Operator: Marge Norquist
Page: 10
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check # Vendor Alpha Name Description All Amount
12993 Zep Manufacturing Co. Floorstrip Pads, Sealer 4460 61.18
Total for Vndr Zep Manufacturin 61.18*
12994 Ziegler, Inc. Cutting Edge, End Edge 4823 437.20
Total for Vndr Ziegler, Inc. 437.20*
Grand Total 230,370.38*
=II..
• (Pe)
Item No.
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Chuck Whiting and Carl Schmidt
Item Title/Subject: Resolution 5318-Reliever Airport Reform Coalition
Date of Report: March 2, 1999
The attached resolution establishes support for the reliever airport coalition, as well as the
authorization of fees for lobbying support of the airport issues.
RESOLUTION NO. 5318
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE CITY OF MOUNDS VIEW TO PARTICIPATE IN THE
RELIEVER AIRPORT REFORM COALITION COMPRISING OF OTHER CITIES
AND TOWNSHIPS TO SEEK AND PROPOSE LEGISLATIVE CHANGES:
AUTHORIZING THE PAYMENT OF LOBBYING FEES
WHEREAS,the City of Mounds View, Minnesota(the"City" or"Township") is a
municipal corporation duly organized and existing under the Constitution and laws of the State
of Minnesota; and
WHEREAS, the City of Mounds View deems it prudent, reasonable and necessary to
participate in a coalition of other cities and townships known as the reliever airport reform
coalition(the"Coalition"); and
WHEREAS,the Coalition was formed and exists to do the following:
1. Clarify the definitions of"minor use" and"intermediate use" airports
Under Minn. Stat. 473.641, subd. 4, so that it is consistent with the
original legislative intent. Clarify Minn. Stat 473.641 to ensure that the
Metropolitan Airports Commission("MAC") cannot extend airport
runways at"minor use" airports withoui express legislative approval.
Ensure that the Saint Paul Downtown Airport is the only"intermediate
use" airport in the Twin Cities metropolitan area.
2. Create the Reliever Airport Sound Abatement Council ("RASAC"), an
organization created by the legislature, funded by the MAC and controlled
By representatives appointed by participating cities and townships.
RASAC is created for the purpose of advising the MAC on sound
abatement policies for communities in and around minor use and
intermediate use airports.
3. Direct the legislative auditor to conduct a legislative audit of the MAC on
a number of issues.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOUNDS VIEW, MINNESOTA THAT:
Mounds View staff may participate in the Coalition and that Mounds View will help fund
the lobbying activities of the Coalition.
Adopted this day of March, 1999
ATTEST
Mayor Dan Coughlin
(SEAL)
Charles S.Whiting, City Administrator
N:\USERS\CARIS\AIRPORT.RES
Item No.
Type of Business: CA
WK: Work Session; PH:Public Hearing;
CA:Consent Agenda; CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: John Hammerschmidt
Item Title/Subject: Resolution 5321 - Resolution Authorizing the Golf Course
Superintendent to Investigate the Process of Placing Billboards on
Golf Course and Adjacent City Property, Including Making
Application to the Planning Commission
Date of Report: March 4, 1999
(As discussed at the March 1 Work Session)
RESOLUTION NO. 5321
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE GOLF COURSE SUPERINTENDENT TO
INVESTIGATE THE PROCESS OF PLACING BILLBOARDS ON GOLF COURSE
AND ADJACENT CITY PROPERTY, INCLUDING MAKING APPLICATION TO THE
PLANNING COMMISSION
WHEREAS, the City Council discussed the possibility of placing billboards on the Golf
Course and adjacent City property at the March 1 Work Session; and
WHEREAS, the Golf Course Superintendent has recommended the placement of these
billboards to increase the advertisement and visibility of the Golf Course; and
WHEREAS, it may be necessary to undertake an ordinance/zoning change to proceed
with this project including application to the Planning Commission; and
WHEREAS, at the March 1 Work Session, the City Council authorized the Golf Course
Superintendent to proceed with the next steps in investigating the possibility of such a venture;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOUNDS VIEW, MINNESOTA that the Golf Course Superintendent has been authorized to
proceed in making application to the Planning Commission for potentially placing billboards on
the Bridges Golf Course and adjacent City property.
Adopted this day of March, 1999
ATTEST
Mayor Dan Coughlin
(SEAL)
Charles S.Whiting, City Administrator
Item No.
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda;CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Chuck Whiting and Cari Schmidt
Item Title/Subject: Resolution 5313 - Chief Tim Ramacher's Severance Package
Date of Report: March 2, 1999
As discussed at the March 1, work session, after 28 years of service to the City of
Mounds View, Chief Tim Ramacher has announced his retirement. The attached resolution
outlines the severance package he has requested:
Vacation - The employee will be compensated for 100% of accrued vacation and
compensatory time upon separation provided the employee has a minimum of six months
continuous employment as a regular employee with the City of Mounds View. (Section 4.35 -
Separation Compensation)
Under their negotiated union contracts, Patrol officers and Sergeants have an additional
option of using 65% of their accumulated sick leave towards their insurance premium for as long
as the funds are available until the retiree's 65th birthday. (Section 23 of the 1998 L.E.L.S.
contract)'
Upon retirement, Chief Ramacher will have approximately 2680 hours of sick leave built
up. Although he has requested the use of the union provision of 65% of total sick leave,this
would result in a payout of approximately $57,000.
After much discussion, an equitable alternative has been proposed. Instead of 2700
hours, 1800 hours would be used in the calculation,resulting in the following:
1 Article 23-Severance Pay
23.1 Severance pay shall be granted in the amount of fifty percent(50%)of unused sick leave to employees who have
completed ten years of service. Upon the death of the employee,the beneficiary of the employee shall be paid the benefit.
23.2 Employees who have completed ten years of service and retire may elect,in lieu of severance pay as provided in Section
23.1,to have the employer use sixty five percent(65%)of the employee's accumulated and banked sick leave for the retiree's group insurance
premium for as long as the funds are available up to the retiree's 65th birthday.
1800 Hours
x 65%
1170 Hours
x $32.66 per hour
$38,212.20
This amount would be placed in a separate account to be used to pay for insurance payments
only until the age of 65, or until the money runs out (whichever happens first).
Staff Recommendation: Approve Resolution 5313 at the March 8 Council meeting.
N:\USERS\CARTS W DMIN\PERSONNE\RAMACHER.WPD
RESOLUTION NO. 5313
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE SEVERANCE PACKAGE OF TIM RAMACHER
WHEREAS, Tim Ramacher has completed 28 years of dedicated service to the City of
Mounds View; and
WHEREAS, he has elected to retire effective March 31, 1999; and
WHEREAS,he is entitled to severance benefits upon retirement:
• 100 % of accumulated vacation time accumulated (Personnel Code Section 4.35
- Separation Compensation);
• 65% of 1800 hours of accumulated and banked sick leave for the retiree's group
insurance premium for as long as the funds are available up to the retiree's 65th
birthday. These funds may be used only for the City's monthly premium
payment of Ramacher's health insurance and at no time may be taken for cash
or for any other purpose.
NOW, THEREFORE,BE IT RESOLVED the City Council hereby approves the
aforementioned provisions for Tim Ramacher's severance package and expresses their sincere
appreciation for his 28 years of dedicated service to the City of Mounds View.
Adopted this 8th day of March, 1999
ATTEST:
Mayor Dan Coughlin
(SEAL)
City Administrator Charles S. Whiting
N:\USERS\CARTS\ADMINWERSONNE\RAMACHER.WPD-3
7/5
Item No.
Type of Business: CB
WK: Work Session; PH:Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Cari Schmidt
Item Title/Subject: Resolution 5320 -Resolution appointing the interim Chief of Police
and establishing compensation
Date of Report: March 4, 1999
Chief Ramacher has recommended that Lieutenant Dave Brick be appointed the Interim Chief of
Police as of April 1, 1999.
The standard monthly increase for an interim position is an additional $750 per month.
Staff Recommendation: Approve Resolution 5320 appointing Dave Brick the Interim Chief of
Police.
RESOLUTION NO. 5320
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
• RESOLUTION APPOINTING THE INTERIM CHIEF OF POLICE
AND ESTABLISHING COMPENSATION
WHEREAS, Chief Ramacher is retiring effective March 31, 1999; and
WHEREAS, Dave Brick has been recommended to take over the responsibilities of the
Chief's position; and
WHEREAS, compensation for the interim position must be established by Council
Resolution;
NOW THEREFORE, BE IT RESOLVED that the City Council in and for the City of
Mounds View does hereby appoint Dave Brick as Interim Chief of Police, and approves the
following compensation provision in the monthly amount of$750.00 to be added to current
salary beginning April 1, 1999 and terminating upon the official employment of a new Chief of
Police.
Adopted this_day of March, 1999
ATTEST
Mayor Dan Coughlin
(SEAL)
Charles S.Whiting, City Administrator
(72)
Item No.
Type of Business: CB
WK: Work Session; PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Cari Schmidt
Item Title/Subject: Police Chief Position Profile
Date of Report: March 5, 1999
Attached is the search timetable and the draft position profile for the Police Chief. The Civil
Service Commission is reviewing it this weekend. Please review the draft and suggest any
changes you have. I will call Brimeyer on Tuesday AM with your suggestions. The profile is
going to print late Tuesday.
City of Mounds View ‘ztoik
Police Chief
Position Profile
THE COMMUNITY
The City of Mounds View offers a quiet hometown atmosphere within a short distance of
the hustle and bustle of the Twin Cities. Awarded the distinction of "Tree City U.S.A."
for the past 15 years, the community is enhanced by a profusion of oak trees and other
varieties, creating a mixed green canopy throughout the City.
Mounds View is located in northern Ramsey County approximately eight miles north of
St. Paul and encompasses an area of approximately 4.25 square miles. Over the past 25
years the City has experienced moderate growth and has a current population of
approximately 13,000. Mounds View is nearly fully developed with the majority of land
used for single family housing.
There are over 150 businesses located in Mounds View, housed mainly in four
commercial and industrial park locations. The City's major employers include Sysco, a
food products manufacturer with 526 employees; CTC Distribution, a transportation
company with 427 employees; Multi-Tech Systems, Inc., a computer electronics firm
with 370 employees; and Hyman Freightways, a transportation company with 310
employees. Other prominent businesses include the Mermaid Supper Club, Dell Comm,
Inc., Liberty Check Printers, and Bauer Welding and Metal Fabrication.
RECREATION
Mounds View has seven active neighborhood parks and three larger community parks
offering tennis courts, playfields, park buildings, picnic areas, ball fields, skating and
hockey rinks, a swimming beach, sliding hills, and nature trails. Park and Recreation
programs are provided by the YMCA through a contractual arrangement with the City.
Activities and programs include youth and adult athletics, swimming and gymnastic
instruction, senior adult activities, after school programming, pre-school activities, and
special interest classes. Each year the Festival in the Park celebration is held at City
Hall Park. The Mounds View Community Theater puts on an annual summer musical.
In January 1999, residents celebrated the grand opening of the 44,000 square foot new
Community Center. The Center features a child care center, classrooms, banquet rooms,
senior facilities, a gymnasium and a teen center.
The Bridges Golf Course and Practice Facility is owned and operated by the City. The
executive golf course features seven footbridges in a natural park setting as well as
perennial gardens and picnic facilities.
-2-
SCHOOLS
Independent School District #621 encompasses the Cities of Mounds View, Shoreview,
Arden Hills, New Brighton, and portions of Vadnais Heights, Roseville, and North
Oaks. Approximately 11,000 students are enrolled in the district, which is comprised of
two high schools, three middle schools, and eight elementary schools. Schools within or
near Mounds View include two elementary schools, a middle school, and a senior high
school. In addition, a number of parochial schools serving grades K-12 are located in
and around the City of Mounds View. The School District has won numerous state and
national awards for both academia and teacher quality.
Medical services are available in the nearby communities of Fridley and Coon Rapids.
CITY SERVICES
The City of Mounds View currently employs 31 full-time, and four part-time employees.
The City's total budget is $4.8 million with a$2.7 million general fund budget.
The City operates water, sewer, and street light utilities.
Through a joint powers agreement, Mounds View and the communities of Blaine and
Spring Lake Park are served by a volunteer Fire Department. A full-time Fire Chief
maintains liaison with the three municipalities. The staff consists of 72 suppression
volunteers, five prevention volunteers, and an administrative staff, which includes a
public educator, hazardous materials technician and two secretarial personnel. The
City's fire insurance rating is Class 4.
THE ORGANIZATION
The City of Mounds View operates under a Mayor-Council form of government directed
by a Home Rule Charter. A City Administrator assists the Council. The Mayoral term is
two years and four Councilmembers are elected to four-year overlapping terms on an at-
large basis. Independent Boards created by the Council include the Economic
Development Authority, Parks &Recreation Commission. Economic Development
Commission, Cable Commission, and Planning Commission. A 15-member Charter
Commission is appointed by the District Court.
The Police Civil Service Commission oversees the Police Department's personnel
operations in terms of recruiting, testing, and selecting candidates and certifying
individuals for appointment or promotion. The Commission consists of three members
who serve three-year terms.
-3-
THE DEPARTMENT
The Mounds View Police Department is staffed by the Police Chief, a Lieutenant, two
Sergeants, nine Patrol Officers, two Investigators, a D.A.R.E. Officer, a Community
Service Officer, and various personnel in dispatch and clerical positions.
The City shares a computer system with other cities for record keeping and investigation
purposes. The City contracts with Ramsey County for dispatch services.
Recent crime statistics show a 10.5 crime rate per 100 inhabitants. The City promotes
active Community Oriented Policing and D.A.R.E. Programs.
THE POSITION
The Police Chief for the City of Mounds View provides leadership in the planning,
development, and implementation of a comprehensive law enforcement program for the
citizens of Mounds View. The Police Chief reports to the Council in the development of
public policy and works under the general supervision of the Clerk/Administrator.
Specific duties include:
• Implement a program of law enforcement and public service to engender the respect
and confidence of citizens, preserve the law, and protect life and property.
• Delegate responsibility and authority to Department Officers.
• Plan and direct an in-service training program designed to maintain officers'
awareness of changes in laws and to ensure fairness in carrying out law enforcement
activities.
• Personally perform police work activities and provide direct assistance in special
investigations.
• Develop and implement various crime prevention programs and build community
support for such activities.
• Prepare and submit the Department budget and control expenditures within budgetary
limitations.
• Comply and submit regular reports to the City Council and make personal
presentations at meetings.
-4-
• Maintain contact with other Police Departments in surrounding jurisdictions as well
as metropolitan professional police organizations to keep abreast of new training
procedures and developments.
• Accept opportunities to address various civic groups on important aspects of police
issues.
BACKGROUND AND EXPERIENCE
Candidates for the position of Police Chief should possess a B.A. degree in police
science, law enforcement, criminal justice, public administration, or a related field and a
minimum of ten years experience in police work, five of which must have been
equivalent to the position of Police Sergeant or higher. Candidates must have completed
the basic law enforcement training academy and be P.O.S.T. certified or eligible for
certification. Qualified candidates should possess:
• Broad background in all areas of law enforcement including patrol work and
investigative practices and techniques.
• Some experience in working with elected officials.
• Familiarity with police issues related to a small city, suburban environment.
Understand the impact of social and economic diversity within a community.
• Experience in holding public meetings and dealing with neighborhood and
community organizations.
• Orientation towards Community Policing and D.A.R.E. programs and principles.
• Some experience in traffic enforcement.
• Good budgeting skills.
• Experience in union labor issues including grievances and mediation.
• Knowledge of liquor enforcement issues and public safety issues related with food
and liquor establishments.
• Familiar with special needs of multiple housing as relates to law enforcement.
-5-
MANAGEMENT CAPABILITIES
• Possess a very high level of service orientation. Be willing to meet with citizens,
service clubs, and community groups. Be available for special requests and to
respond to calls, as needed.
• Be accessible and available without the need to be high profile.
• Ability to operate within a fiscally conservative environment.
• Be inclusive of Department personnel in the decision making process.
• Set high standards of professionalism in the enforcement of policies and procedures.
• Work closely with other City departments.
• Have a strong philosophical orientation toward community based programs.
POSITION PRIORITIES
• Implement the upgrade of equipment used for investigations and transcription
equipment.
• Examine the need for additional police vehicles.
• Implement additional training for personnel and develop career path programs.
• Evaluate current technology capacity and the need to improve hardware and software
capabilities.
• Examine feasibility of utilizing more civilian personnel to perform certain functions.
• Work closely with community organizations such as the Property Owners Coalition
and Neighborhood Watch, etc.
• Analyze the current policies and procedures and make changes as appropriate.
• Examine potential partnerships and service delivery options with other police
agencies.
-6-
• Closely monitor traffic enforcement activities and implement programs to ensure a
feeling of residential safety.
• Evaluate the need for additional staffing.
• Examine the need for the reorganization of personnel and duties within the
Department.
ANNOUNCEMENT
Chief of Police, Mounds View, MN (pop. 14,000). Salary $55,000 to $68,000. Report
to City Administrator. Responsible for a staff of 16 and a budget of$1.5 million.
Require B.A. degree and a minimum of ten years experience in law enforcement with
five years in a supervisory position. Position appointed by City Council after a Civil
Service Commission certifies eligibility list. Minnesota P.O.S.T. license required at
time of appointment. Profile available. Send resume by 4/12/99 to The Brimeyer
Group Executive Search; 904 Mainstreet, Suite 205; Hopkins, MN 44343; (612) 945-
0246 - telephone; (612) 945-0102 - fax; E-mail: BrimGroup@aol.com
TIMETABLE
4/12/99 Deadline for Application
5/11/99 Present Candidates
Week of 5/24/99 Interviews with Civil Service Commission
Week of 6/1/99 Interviews with City Council/Administrator
July, 1999 Start Date
The Brimeyer Group, Inc.
EXECUTIVE SEARCH CONSULTANTS
904 Mainstreet
Suite 205
City of Mounds View Hopkins, MN 55343
Police Chief
Suggested Search Timetable
1/25/99 Authorization to Proceed
2/3 to 2/22/99 Gather Information for Profile
Interview Council, Civil Service Commission,
Police staff, Department Heads, etc.
2/22/99 Place announcement
3/5/99 Approve Profile
3/8 to 4/9/99 Recruit Candidates
4/12/99 Deadline for Applications
4/12 to 5/3/99 Review and Screen Candidates
5/11/99 Progress Report, Selection of Finalists, discuss Compensation
Guidelines - Civil Service Commission
5/13 to 5/21/99 Background and Reference Checks
Determine P.O.S.T. eligibility
Week of 5/24/99 Interviews with Civil Service Commission
Certify three candidates to Council/Administrator
Week of 6/1/99 Interviews with City Council/Administrator
Select Finalist
6/3 to 6/9/99 Physical Exam and Psychological Assessment on Finalist Candidate
6/11/99 Selection •
July, 1999 Start Date
(612)945-0246 • fax(612)945-0102
A
CITY OF MOUNDS VIEW
ECONOMIC DEVELOPMENT AUTHORITY
MONDAY,MARCH 8, 1999
AGENDA
ROLL CALL: President Coughlin, Vice President Stigney, Commissioner Marty,
Commissioner Quick, Commissioner Thomason
1. AGENDA ADDITIONS:
2. APPROVAL OF MINUTES
3. SPECIAL ORDER OF BUSINESS:
None
4. CONSENT AGENDA
None
5. COUNCIL BUSINESS
A. Consideration of Resolution No. 99-EDA-108, A Resolution Approving an
Amended Development Assistance Agreement With Michael Investments
Concerning the Building N Project.
6. REPORTS
7. ADJOURNMENT
Item No.
Meeting Date: 3/8/99
Staff Report No.
Type of Business: EDAB
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;EDAB:EDA Business
Mounds View City Economic Development Authority
Staff Re ort
To: Mounds View Economic Development Authority
From: Rick Jopke, Community Development Director
Item Title/Subject: Consideration of Resolution 99-EDA108, a Resolution
Approving and Authorizing Execution of an Amended
Development Assistance Agreement with Michael
Investments (Everest Group) Regarding the Building N
Project.
Date of Report: March 4, 1999
SUMMARY
The EDA has approved an original development agreement with conditions and subsequently some
amendments to the agreement as requested by the Everest Group in order to facilitate the development
of a vacant site in the Mounds View Business Park. The EDA has also denied other requested
amendments. The EDA in September of 1998 approved the most recent version of the agreement which
changed the development entity, slightly reduced the size of the building, and allowed the developer
more flexibility to do a build-to-suit deal (Resolution 98-EDA97). To date the development assistance
agreement has not been signed.
In December of 1998,the City Council approved an alternate site plan to give the developer the
flexibility to do either the originally proposed manufacturing/warehouse/office building or a
office/flex/service building.
The developer is now requesting that the development assistance agreement be amended to reflect the
site plan changes approved by the City Council.
The requested changes are housekeeping in nature. The proposed changes include:
1. A change in the date of the agreement.
2. A revision of the definition of the term"Improvements"to reflect the alternate site plan
approved by the City Council in December of 1998.
3. A change to indicate that the development entity is a a general partnership and not a
corporation.
4. A change to indicate that Jeffrey L.Neilsen is the General Partner and not President of
Michael Investments.
Jim O'Meara from Briggs and Morgan,who drafted the original agreement on behalf of the EDA,has
EDA Memo -Housing Replacement Program
March 4, 1999
Page 2
reviewed the proposed changes and indicated that there are no legal issues with the proposed changes.
Attached is the revised agreement drafted by Mr. O'Meara. The revised agreement was discussed at the
March 1, 1999 City Council work session.
ACTION TO BE CONSIDERED
Approval of Resolution 99-EDA108, a resolution approving and authorizing the execution of an
amended development assistance agreement with Michael Investments regarding the Building N
project.
114 A
Rick Jopke
Community Development Director
N:\DATA\GROUPS\ECONDEV\EDA-EDC\EDA\STAFF99\03-8-99.WPD
MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 99-EDA108
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDED
DEVELOPMENT ASSISTANCE AGREEMENT WITH MICHAEL INVESTMENTS REGARDING
THE BUILDING N PROJECT
It is hereby resolved by the Board of Commissioners (the "Board") of the Mounds View
Economic Development Authority (the "Authority") as follows:
1. Recitals.
(a) The Authority has the powers provided in Minnesota Statutes, Sections
469.124 to 469.134 and 469.090 to 469.108 (collectively, the "Act").
(b) Pursuant to and in furtherance of the objectives of the Act, the Authority has
undertaken a program to promote development and redevelopment of certain land within
the City of Mounds View and in this connection is engaged in carrying out the Mounds
View Economic Development Project (the "Project") within the City.
(c) There has been approved pursuant to the Act a Project Plan for the Project.
(d) The redevelopment and development of property within the Project by private
developers are stated objectives of the Project Plan.
(e) In order to achieve the objectives of the Project Plan, the Authority has
determined to provide substantial aid and assistance through the financing of certain of
the public costs of development.
(f) Michael Investments (The "Developer"), has presented the Authority with
proposals for the completion of certain improvements within the Project, consisting
generally of an approximately 97,000 square foot building, or an approximately 69,000
square foot building and a certain amended Development Assistance Agreement
between the Authority and the Developer (the "Development Agreement") stating the
terms and conditions thereof and the Authority's responsibilities respecting the
assistance thereof has been presented to the Board for its consideration.
2. The Board hereby determines that the Authority's execution and performance of the
amended Development Agreement would be in furtherance of the Project Plan and hereby
approves the amended Development Agreement substantially in the form presented to the
Board and hereby authorizes the officers of the Authority in their discretion and at such time, if
any, as they may deem appropriate to execute the same on behalf of the Authority, with such
additions and modifications as those officers may deem desirable or necessary, as evidenced
by their execution thereof.
3. Upon execution and delivery of the amended Development Agreement, the officers
and employees of the Authority (including members of the City staff, acting in their capacity as
staff to the Authority as well) are hereby authorized and directed to take or cause to be taken
such actions as may be appropriate or necessary on behalf of the Authority to implement the
amended Development Agreement, including without limitation issuance of the EDA Note and
execution of the Certificate of Completion under the amended Development Agreement.
4. The Board hereby determines that the execution and performance of the amended
Development Agreement will help realize the public purposes of the Act and are in furtherance
of the Project Plan.
Adopted by the Board of Commissioners of the Mounds View Economic Development Authority
on March 8, 1999.
ATTEST:
President
(SEAL)
Executive Director
2/15/99 Draft
DEVELOPMENT ASSISTANCE AGREEMENT
By and Between
THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY
And
MICHAEL INVESTMENTS
[BUILDING "N" PROJECT]
This document drafted by:
Briggs and Morgan
2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101
Telephone : (651) 223-6600
Facsimile : (651) 226-6450
334455.6
TABLE OF CONTENTS
(This Table of Contents is not part of
the Development Assistance Agreement and
is only for convenience of reference . )
Page
ARTICLE I - DEFINITIONS 1-1
- Section 1 . 1 . Definitions 1-1
ARTICLE II - REPRESENTATIONS, COVENANTS AND WARRANTIES . . 2-1
Section 2 . 1 . Representations and Warranties by the
Authority 2-1
Section 2 . 2 . Representations, Covenants and
Warranties by the Developer 2-1
ARTICLE III - THE IMPROVEMENTS 3 -1
Section 3 . 1 . Undertakings of the Developer 3-1
Section 3 . 2 . Undertakings of the Authority 3-1
Section 3 . 3 . Construction Plans 3-3
Section 3 .4 . Certificate of Completion 3-4
ARTICLE IV - PROHIBITIONS AGAINST ASSIGNMENT AND
TRANSFER; INDEMNIFICATION 4-1
Section 4 . 1 . Prohibition Against Transfer of
Property and Assignment of Agreement . . 4-1
Section 4 . 2 . Release and Indemnification Covenants . . 4-2
ARTICLE V - EVENTS OF DEFAULT 5-1
Section 5 . 1 . Events of Default Defined 5-1
Section 5 . 2 . Remedies on Default 5-i
Section 5 . 3 . No Remedy Exclusive 5-1
Section 5 .4 . No Additional Waiver Implied by One
Waiver 5-1
Section 5 . 5 . Default by Authority; Specific
Performance . 5-2
ARTICLE VI - Additional Provisions 6-i
Section 6 . 1 . Titles of Articles and Sections 6-1
Section 6 . 2 . Notices and Demands 6-1
Section 6 . 3 . Counterparts 6-1
Section 6 .4 . Law Governing 6-i
Section 6 . 5 . Time of the Essence 6-1
Section 6 . 6 . No Third-Party Beneficiaries 6-1
ARTICLE VII - TERMINATION OF AGREEMENT; EXPIRATION 7-1
Section 7 . 1 . Termination 7-1
Section 7 . 2 . Sections to Survive Termination 7-1
EXHIBIT A - DEVELOPMENT PROPERTY A-i
EXHIBIT B - FORM OF EDA NOTE B-1
EXHIBIT C - CERTIFICATE OF COMPLETION C-1
334455.6 1 1
EXHIBIT D - PUBLIC IMPROVEMENTS D-1
EXHIBIT E - SITE IMPROVEMENTS E-1
334455.6 111
DEVELOPMENT ASSISTANCE AGREEMENT
THIS AGREEMENT is dated as of , 1999; is by and
between the Mounds View Economic Development Authority and Michael
Investments, a Minnesota general partnership; and provides as
follows :
ARTICLE I
DEFINITIONS
Section 1 . 1 . Definitions . In this Agreement, unless a
different meaning clearly appears from the context :
"Agreement" means this Development Assistance Agreement by and
between the Authority and the Developer, as the same may be from
time to time modified, amended or supplemented.
"Authority" means the Mounds View Economic Development
Authority.
"Board" means the Board of Commissioners of the Authority, its
governing body.
"Bonds" means (1) the City' s $6, 000 , 000 Taxable General
Obligation Tax Increment Bonds, Series 1988A, dated February 1,
1988, (2) the City' s $930 , 000 General Obligation Tax Increment
Bonds, Series 1989B, dated November 1, 1989, (3) the City' s
$1, 490, 000 Taxable General Obligation Tax Increment Bonds, Series
1989C, dated November 1, 1989, (4) and any bonds or similar
obligations issued by the City or the Authority to refund any of
the Bonds (including without limitation (i) the City' s $4 , 945, 000
Taxable General Obligation Tax Increment Refunding Bonds, Series
1996B, dated May 1, 1996, and issued to "crossover refund" the
above-mentioned Series 1988A Bonds as of February 1, 1996 ; (ii) the
City' s $2, 770, 000 Taxable General Obligation Tax Increment
Refunding Bonds, Series 1996A, dated March 1, 1996, to the extent
issued to advance refund the above-mentioned Series 1989C Bonds
(pursuant to which said Series 1989C Bonds will be paid in full on
February 1, 1997) ; and (iii) the City' s $815, 000 General Obligation
Tax Increment Refunding Bonds, Series 1996B, dated March 1, 1996 ,
and issued to advance refund and pay in full on February 1, 1997,
the above-mentioned Series 1989 Bonds) .
"Certificate of Completion" means the certificate substan-
tially in the form of the attached Exhibit C, to be executed by the
Authority upon the conditions provided in Section 3 .4 hereof upon
completion of the Improvements .
"City" means the City of Mounds View, Minnesota.
334455.6 1-1
"Construction Plans" means the plans, specifications, drawings
and related documents on all construction work to be performed by
or on behalf of the Developer on the Development Property,
including the Improvements and all other on-site improvements to be
performed, installed or constructed upon the Development Property
pursuant to this Agreement . Such plans shall at a minimum include,
where applicable, the following: (i) site plan; (ii) foundation
plan; (iii) basement plans; (iv) floor plan for each floor; (v)
cross sections of each (length and width) ; (vi) elevations (all
sides) ; (vii) the Design Plans; and (viii) adequate plans, drawings
and specifications relating to all driveways, walks, parking and
other improvements to be constructed upon the Development Property
by the Developer.
"Design Plans" means plans which show in adequate detail the
design, architectural style, facia, signing, lighting, landscaping,
parking and interior traffic components of the Improvements, or
applicable portions thereof .
"Developer" means Michael Investments, a Minnesota general
partnership, or its successors or assigns under this Agreement .
"Development Costs" means the $615, 000 current market value of
the Development Property plus the unreimbursed costs incurred and
paid by the Developer in making the site improvements (the "Site
Improvements") for the Improvements and in installing the necessary
public infrastructure improvements (the "Public Improvements" ) for
the Improvements, all as further described and defined in Section
3 . 2 .
"Development District" means the Authority' s Development
District No . 2 , as amended. (Note : As of May 9, 1994 , the
Development District has been incorporated into the Authority' s
Mounds View Economic Development Project . )
"Development Program" means the Authority' s Development
Program for the Development District, as amended. (Note : As of
May 9 , 1994, the Development Program has been incorporated into the
Project Plan of its Mounds View Economic Development Project . )
"Development Property" means the real property described in
Exhibit A of this Agreement .
"EDA Note" means the obligation substantially in the form of
the attached Exhibit B which is described in Section 3 . 2 .
"Event of Default" means any Event of Default described in
Section 5 . 1 of this Agreement .
" Improvements" means the approximately 97, 463 square foot
building which may be constructed by the Developer as manufactur-
ing/warehouse/office facilities, or an approximately 69, 582 square
foot building which may be constructed by the Developer as
334455.6 1-2
office/flex/service facilities, to be located on the Development
Property within the Tax Increment Finance District, and all other
improvements, including walks, landscaping, utility improvements
and relocations, and fixtures and equipment, to be constructed or
installed upon the Development Property in connection with and in
order to facilitate the above described improvements .
"Party" means either the Developer or the Authority, as the
context may require.
"Parties" means the Developer and the Authority.
"Public Improvements" means the public infrastructure
improvements for the Improvements described in Section 3 . 2 and
Exhibit D.
"Site Improvements" means the site improvements for the
Improvements described in Section 3 . 2 and Exhibit E .
"State" means the State of Minnesota.
"Tax Increment Act" means Minnesota Statutes, Sections 469 . 174
through 469 . 179, as the same may be amended or supplemented.
"Tax Increments" means those tax increments which the
Authority shall be entitled to receive and retain, and which the
Authority shall have actually received, from Ramsey County from
time to time from the Tax Increment Financing District pursuant to
the Tax Increment Act; provided that the term "Tax Increments"
shall specifically not include any amounts of tax increment
generated by the Tax Increment Financing District which pursuant
to the applicable terms of the Tax Increment Act (as it may exist
or be amended from time to time) may be required to be paid to or
reserved for the State of Minnesota, Ramsey County, or any other
entity or official; and "Available Tax Increments" means 90% of the
Tax Increments generated by the portion of the tax capacity of the
Development Property which exceeds $22 , 342 .
"Tax Increment Financing District" means the Authority' s Tax
Increment Financing District No. 1 (which has also been sometimes
referred to as Tax Increment Redevelopment District No. 1) within
the Development District, as now under the governance and control
of the Authority, as described in Section 2 . 1 (c) .
"Unavoidable Delays" means any delay outside the control of
the Party claiming its occurrence which is the direct result of
strikes, other labor troubles, unusually severe or prolonged bad
weather, unavailability of materials, Acts of God, fire or other
casualty to the Improvements, litigation (including without
limitation bankruptcy proceedings) and which directly results in
delays; or acts of any federal, state or local governmental unit
which directly result in delays .
334455.6 1-3
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
Section 2 . 1 . Representations and Warranties by the
Authority. The Authority represents and warrants that :
(a) The Authority is a municipal corporation and
political subdivision of the State organized and existing
under the laws of the State.
(b) The Authority has the authority to enter into this
Agreement and carry out its obligations hereunder, subject to
the same enforceability exceptions provided in Section 2 .2 (a)
with respect to the Developer.
(c) The Authority represents that the City established
the Development District and adopted its Development Program
pursuant to the Minnesota Municipal Development District Act,
previously found in Minnesota Statutes, Chapter 472A, and now
codified in Minnesota Statutes, Sections 469 . 124 through
469 . 134 , and that the City established the Tax Increment
Financing District within the Development District pursuant to
the Tax Increment Act . The Authority also represents that
pursuant to Minnesota Statutes, Section 469 . 093 , on March 28 ,
1994 , the City Council adopted an enabling resolution and
thereby established the Authority. Pursuant to Minnesota
Statutes, Section 469 . 094 , Subdivision 2 , the City transferred
to the Authority, and the Authority accepted from the City
transfer of, the control, authority, and operation of the
Development District, including the Tax Increment Financing
District therein, thereby empowering the Authority to exercise
all of the powers that the City could exercise with respect to
the Development District, subject to the covenant and pledge
by the Authority to perform the terms, conditions, and
covenants of all bond indentures and other agreements executed
for the security of any bonds issued and any other activities
undertaken with respect to the Development District .
(d) The Authority makes no representation, guarantee, or
warranty, either express or implied, and hereby assumes no
responsibility or liability as to the Development Property or
its condition (whether regarding soils, pollutants, hazardous
wastes or materials or otherwise) or that the Development
Property will be suitable for the purposes or needs of the
Developer.
Section 2 . 2 . Representations , Covenants and Warranties by
the Developer. The Developer represents, covenants, and warrants
that :
334455.6 2-1
(a) The Developer is a general partnership duly
organized, existing, and in good standing under the laws of
the State of Minnesota. The Developer has full power and
authority to enter into this Agreement and to perform its
obligations hereunder and has taken or caused to be taken all
actions necessary to make the Agreement, when executed and
delivered by the Parties, the valid and binding agreement and
obligation of the Developer, enforceable in accordance with
its terms, except to the extent such enforceability may be
limited by equitable principles and by laws affecting remedies
and by bankruptcy, moratorium and insolvency laws and laws
affecting creditors ' rights, heretofore or hereafter enacted.
(b) If the Developer completes the Improvements, they
shall be completed in accordance with the terms of this Agree-
ment and all applicable local, State and federal laws and
regulations (including, but not limited to, environmental,
zoning, building code and public health laws and regulations) .
(c) The Developer has received no notice or
communication from any local, state or federal official to the
effect (and, to the best of the Developer' s knowledge, there
is no other basis upon which to believe) that the execution of
this Agreement or the performance by the Developer under this
Agreement is, may be or will be in violation of any local,
state or federal law or regulation.
(d) The Developer agrees and covenants that it will use
its best efforts to obtain or cause to be obtained, in a
timely manner, all required permits, authorizations, licenses
and approvals, including environmental and zoning approvals
for the Development Property and the Improvements, and that
the Developer will meet and abide by, in a timely manner, all
requirements and conditions of all such permits,
authorizations, licenses, and approvals and of all applicable
local, state, and federal laws and regulations which must be
obtained or met before the Improvements may be lawfully
undertaken and completed.
(e) Neither the execution and delivery of this Agreement
and the consummation of the transactions contemplated hereby
nor the fulfillment of or compliance with the terms and condi-
tions of this Agreement is prevented or limited by or in
conflict with or will result in a breach of the terms,
conditions- or provisions of the Developer' s partnership
agreement or other organizational documents or of any
evidences of indebtedness, agreement, or instrument of
whatever nature to which the Developer is now a party or by
which it or its property is bound or will constitute a default
under any of the foregoing.
(f) The Developer represents that it would not be able
to undertake the Improvements in the reasonably foreseeable
334455.6 2-2
mmw
future without the assistance to be provided by the Authority
under this Agreement .
(g) The Developer currently owns the Development
Property and represents that it consists of approximately
300, 038 square feet of land area. The Developer represents
that the Development Property consists of tax parcel numbers
08-30-23-44-0002, -0012 and -0016 and 08-30-23-41-0012 and
that, for property taxes payable in 1997, the tax capacity of
the Development Property is $22, 342 .
(h) The Developer acknowledges that it has reviewed
Minnesota Statutes, Section 116J. 991, and entitled "Public
Assistance to Business; Wage and Job Requirements, " requiring
that within 2 years of receiving the assistance provided
pursuant to this Agreement, which for this purpose shall be
deemed to be the 2 year period beginning on the date of the
Certificate of Completion, the Developer shall comply with
certain jobs and other obligations stated in the above-
mentioned statute. The Developer hereby covenants to comply
with said obligations, and the Parties agree that said goal
level shall be the creation of at least 2 permanent full-time
jobs within the applicable 2 year period. The Developer
acknowledges and agrees that, as required by this statutory
provision, failure to meet said goals will result in an Event
of Default hereunder and in an obligation of the Developer to
repay all of the assistance provided pursuant to this
Agreement . The Developer further agrees that said jobs shall
have an hourly wage of at least $6 . 50 per hour, inclusive of
benefits . This subparagraph shall not be construed as
imposing on the Developer any obligation beyond the scope and
purpose of the above-mentioned statute to maintain or provide
minimum employment and wage levels . The Developer further
agrees to provide to the Authority in a timely manner, or to
the State of Minnesota, as may be applicable, with such
information and detail about the Improvements as may be
necessary, including information relating to the employment
and wage levels described in this subparagraph and the
compliance with any reporting requirements imposed by law with
respect thereto on either the Authority or the Developer.
(i) In practice, the Developer reasonably expects that
upon the completion and full occupancy of the Improvements
there could well be as many as 20 jobs provided, but this
expectation is not intended by the Parties and shall not be
construed as a performance covenant hereunder or a standard
against which compliance with subsection (h) above or
Minnesota Statutes, Section 116J. 991, shall be determined.
334455.6 2-3
ARTICLE III
THE IMPROVEMENTS
Section 3 . 1 . Undertakings of the Developer. Subject to
Unavoidable Delays, the Developer agrees to exercise reasonable
effort to cause the Improvements to be completed. The Authority
acknowledges that the Developer' s ability to construct the
Improvements is subject to current market conditions, including
without limitation the availability of tenants, owners and
financing and that the Developer is not obligated to cause the
construction of the Improvements on a speculation basis . Pursuant
to prior agreement of the Parties the Authority retained the
services of Dahlen & Dwyer to prepare an appraisal (the
"Appraisal") of the fair market value of the Development Property
based on its present state and the type of use represented by the
Improvements . The fair market value of the Development Property is
determined to be $615, 000 pursuant to the Appraisal . The Developer
shall pay or reimburse the Authority for the $1, 500 cost of the
Appraisal. The Authority has provided the Developer with a copy of
the completed Appraisal .
Section 3 . 2 . Undertakings of the Authority. The Developer
hereby represents to the Authority that the Developer has incurred
and paid or will incur and pay the Development Costs, hereby
defined to be the sum of (1) the current fair market value of the
Development Property, being $615, 000, as indicated in the
Appraisal; (2) the demonstrated costs of the public infrastructure
improvements (the "Public Improvements" ) described in Exhibit D,
but only if and to the extent the costs thereof are unreimbursed
expenses of the Developer which are not repayable by special
assessment or other means; and (3) the demonstrated and
unreimbursed costs of the Developer incurred in making the
necessary site improvements (the "Site Improvements" ) to the
Development Property in connection with the completion of the
Improvements, as described in Exhibit E. The Authority hereby
agrees to defray the Developer' s Development Costs via the issuance
of the EDA Note in the maximum principal amount equal to the lesser
of (1) $1, 200, 000 or the (2) sum of the demonstrated costs of the
Site Improvements and the Public Improvements (unless specifically
assessed) plus the $615, 000 fair market value of the Development
Property under the Appraisal . The EDA Note shall be issued to the
Developer (or to such other person or entity as the Developer shall
have theretofore designated in writing to the Authority as the
initial registered owner of the EDA Note) , as registered owner
thereof, substantially in the form of Exhibit B to this Agreement,
the issuance of which EDA Note is hereby authorized and approved,
subject to the following conditions :
(a) The EDA Note shall be dated, issued and delivered on
or as soon as practicable following the date of execution and
334455.6 3-1
delivery of this Agreement, provided no Event of Default
shall have occurred and be at the time continuing.
(b) As conditions to such reimbursement of Development
Costs pursuant to the EDA Note, (i) the Authority shall have
executed the Certificate of Completion, (ii) the Developer
shall have submitted to the Authority such documentary proofs
as shall be reasonably acceptable to the Authority
demonstrating the final, as incurred, costs of the above-
described Public Improvements and Site Improvements, and (iii)
there shall have been satisfied all of the conditions
precedent thereto provided in Section 3 .4 .
(c) Subject to the provisions of the EDA Note, the
principal of and interest on the EDA Note shall in the
aggregate be payable on each February 1 and August 1,
commencing with the first August 1 or February 1 (as the case
may be) following the date of the Certificate of Completion,
and continuing through February 1, 2014 (the "Payment Dates" ) ,
in the respective amount or amounts described in this
subsection. The sole source of funds available for payment of
the Authority' s obligations under this Section and
correspondingly under the EDA Note shall be the Available Tax
Increments . The amounts otherwise payable on the EDA Note on
each Payment Date shall be limited to the Available Tax
Increments received by the Authority within the preceding 6
months . All payments made on the EDA Note shall be applied
first to pay accrued and unpaid interest on the EDA Note and
second toward payment of principal . All amounts of Tax
Increments which are not Available Tax Increments are not
subject to this Agreement, and the Authority retains full
discretion as to any authorized application thereof, regard-
less of whether the Available Tax Increments are sufficient to
reimburse the Developer in full for the above-described costs .
To the extent that the Available Tax Increments are
insufficient, through the final Payment Date (February 1,
2014) , to pay all accrued and unpaid interest on and the
principal of the EDA Note, said unpaid amounts shall then
cease to be any debt or obligation of the Authority
whatsoever.
(d) The unpaid principal of the EDA Note shall bear
simple, non-compounded interest from the date of the
Certificate of Completion at 8 . 006 per annum. Interest shall
be computed on the basis of a 360-day year consisting of 12
months of 30 days each.
(e) The EDA shall not endeavor to issue the EDA Note so
that the interest thereon shall be exempt from federal or
State income taxation, and the Parties accordingly anticipate
that the EDA Note will be a "taxable" obligation.
334455.6 3-2
(f) The EDA Note shall be a special and limited revenue
obligation of the Authority and not a general obligation of
the Authority, and only Available Tax Increments shall be used
to pay the principal of and interest on the EDA Note. The EDA
Note shall not be any obligation whatsoever of the City.
(g) The Authority' s obligation to make payments on the
EDA Note shall be conditioned upon the requirement that there
shall not at the time have occurred and be continuing an Event
of Default; provided, however, that if such Event of Default
shall subsequently have been cured to the reasonable
satisfaction of the Authority, such unpaid obligations shall
thereupon be reinstated and thereby become due and payable .
(h) The EDA Note shall be governed by and payable
pursuant to the additional terms thereof, as set forth in
Exhibit B . In the event of any conflict between the terms of
the EDA Note and the terms of this Section 3 . 2, the terms of
the EDA Note shall govern.
(i) Following any termination of this Agreement by the
EDA pursuant to Section 5 . 2 or 3 .4 (c) hereof, no further or
unpaid amounts of the EDA Note shall then or thereafter be due
and payable by the Authority under this Section or the EDA
Note but shall thereupon be extinguished.
(j ) The pledge of the Available Tax Increments made in
this Section 3 . 2 and in the EDA Note to payment of the EDA
Note shall in all respects be junior and subordinate to the
pledge of and need for the Tax Increments to provide timely
payment of the debt service on the Bonds; provided, however,
that the Authority does covenant to the Developer to apply all
other Tax Increments (that is, all Tax Increments other than
the Available Tax Increments) to such purposes and to resort
to Available Tax Increments only in the event that said other
increments are insufficient for such debt service purposes .
Section 3 . 3 . Construction Plans .
(a) The Authority shall have no obligation to the
Developer to take any action pursuant to any provision of this
Agreement until such time as the Developer has submitted
Construction Plans to the Authority, and the Authority has
approved such Construction Plans . The Authority shall approve
the Construction Plans if it determines that they conform to
the applicable provisions of this Agreement; provided,
however, that any such approval of the Construction Plans
pursuant to this Section 3 . 3 shall constitute approval for the
purposes of this Agreement only and shall not be deemed to
constitute approval or waiver by the Authority with respect to
any building, zoning or other ordinances or regulation, and
shall not be deemed to be sufficient plans to serve as the
basis for the issuance of a building permit if the
334455.6 3-3
Construction Plans are not as detailed or complete as the
plans otherwise required for the issuance of a building
permit . Such Construction Plans must be rejected in writing
by the Authority within 10 working days of submission or shall
be deemed to have been approved by the Authority. Any
rejection of the Construction Plans shall state in writing the
Authority' s reasons therefor. If the Authority rejects the
Construction Plans in whole or in part, the Developer may
submit new or corrected Construction Plans within 30 days
after receipt by the Developer of written notification of the
rejection, accompanied by a written statement of the Authority
specifying the respects in which the Construction Plans
submitted by the Developer fail to conform to the requirements
of this Section 3 . 3 . The provisions of this Section 3 . 3
relating to approval, rejection and resubmission of the
Construction Plans shall continue to apply until the
Construction Plans have been fully approved by the Authority.
Approval of the Construction Plans by the Authority shall not
relieve the Developer of any obligation to comply with the
provisions of this Agreement or the provisions of applicable
federal, state and local laws, ordinances and regulations, and
approval of the Construction Plans by the Authority shall not
be deemed to constitute a waiver of any Event of Default .
(b) If the Developer desires to make any material change
in the Construction Plans after their approval by the
Authority, the Developer shall submit the proposed change to
the Authority for its approval or rejection pursuant to this
Section. A proposed change in the Construction Plans shall be
deemed approved unless rejected by the Authority in writing
within 10 working days of submission thereof with a statement
of the Authority' s reasons for such rejection.
Section 3 . 4 . Certificate of Completion.
(a) Promptly after completion of the Improvements in
accordance with the provisions of this Agreement, and upon
written request made to the Authority, the Authority will
execute the Certificate of Completion in the form attached
hereto as Exhibit C, which shall then be a conclusive
determination of satisfaction and termination of the
agreements and covenants in this Agreement with respect to the
completion of the Improvements . The following shall be
conditions precedent to the Authority' s obligation to execute
the Certificate of Completion:
(i) There shall exist no Event of Default
hereunder, and the Improvements shall have been
completed in substantial conformity to the terms of
this Agreement;
(ii) The City shall have issued a Certificate
of Occupancy for the Improvements .
334455.6 3-4
(b) If the Authority determines that it cannot execute
the Certificate of Completion, it shall, within 20 days after
written request therefor, provide a written statement
indicating in adequate detail why it cannot do so and also
indicating what measures or acts it will be necessary to be
taken or performed in order to permit execution of the
Certificate of Completion.
(c) If the Developer does not substantially complete the
Improvements by December 31, 1999, the Authority may terminate
this Agreement upon 30 days prior written notice to the
Developer. Upon such termination, neither Party shall have
any further right, title, obligation or interest hereunder,
except as provided pursuant to Section 7 . 2 .
334455.6 3-5
ARTICLE IV
PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER;
INDEMNIFICATION
Section 4 . 1 . Prohibition Against Transfer of Property and
Assignment of Agreement . The Developer represents and agrees that
prior to the execution of the Certificate of Completion:
(a) Except only by way of security for the purpose of
obtaining financing necessary to enable the Developer or any
successor in interest to the Development Property, or any part
thereof, to perform its obligations with respect to the
Improvements under this Agreement, and any other purpose
authorized by this Agreement, the Developer has not made or
created and will not make or create or suffer to be made or
created any total or partial sale, assignment, conveyance, or
lease, or any trust or power, or any transfer in any other
mode or form, of or with respect to the Agreement or the
Development Property or any part thereof or any interest
therein, or any contract or agreement to do any of the same,
except for the leasing of portions of the Improvements in the
ordinary course of the Developer' s business of developing and
leasing facilities such as the Improvements, without the prior
written approval given by the Authority in its sole
discretion; provided, however, if the Developer wishes to
assign this Agreement, the Authority will not unreasonably
withhold approval thereof if the conditions stated in
subsection (b) below are met; and provided further that this
Section 4 . 1 shall not prohibit or impose conditions upon the
Developer' s execution of an agreement for the sale of the
Development Property as long as said agreement provides that
the closing and actual conveyance of the Development Property
thereunder may not occur until after the execution of the
Certificate of Completion, but the Developer shall not be
released from its obligations hereunder except as provided in
Section 4 . 2 (e) .
(b) The Authority shall be entitled to require, except
as otherwise provided in the Agreement, as conditions to any
such approval that :
(i) Any proposed transferee shall
have the qualifications and financial
responsibility, in the reasonable judgment of
the Authority, necessary and adequate to
fulfill the obligations undertaken in this
Agreement by the Developer.
(ii) Any proposed transferee, by
instrument in writing satisfactory to the
Authority, shall, for itself and its
334455.6 4-1
successors and assigns, and expressly for the
benefit of the Authority, have expressly
assumed all of the obligations of the
Developer under this Agreement and agreed to
be subject to all the conditions and
restrictions to which the Developer is subject
unless the Developer agrees to continue to
fulfill those obligations . In addition, the
Authority may require the Developer and/or the
transferee to join in such agreements as the
Authority may reasonably determine to be
necessary to clarify the respective rights and
obligations of the interested parties, e .g. ,
to obtain a waiver and acknowledgement from
the transferee if that transferee is not also
becoming the registered owner of the EDA Note .
(iii) There shall be submitted to the
Authority for review and prior written
approval all instruments and other documents
involved in effecting the transfer of any
interest in this Agreement or the Development
Property; provided that the purposes of said
review and approval shall be only to ascertain
that said documents do not contravene the
terms of this Agreement and sufficiently
provide for the intended and permitted
transfer. Specifically, but without
limitation, the economics of the transfer, as
between the Developer and its transferee,
shall not be a basis for the Authority to
withhold consent thereto.
Section 4 . 2 . Release and Indemnification Covenants .
(a) The Developer releases from and covenants and agrees
that the Authority and the governing body members, officers,
agents, including its independent contractors, consultants and
legal counsel, servants and employees thereof (hereinafter,
for purposes of this Section, collectively the "Indemnified
Parties" ) shall not be liable for and agrees to indemnify and
hold harmless the Indemnified Parties against any loss or
damage to property or any injury to or death of any person
occurring at or about or resulting from any defect in the
Improvements, provided (1) that the foregoing indemnity shall
not apply to any liability arising pursuant to an act or
omission of any of the Indemnified Parties and (2) that the
claim or matter against which such indemnification is sought
is based upon the acts of the Developer or others acting on
its behalf or under its direction or control .
(b) Except for any willful misrepresentation or any
willful or wanton misconduct of the Indemnified Parties, the
334455.6 4-2
Developer agrees to protect and defend the Indemnified
Parties, now and forever, and further agrees to hold the
aforesaid harmless from any claim, demand, suit, action or
other proceeding whatsoever by any person or entity whatsoever
arising or purportedly arising from this Agreement, or the
transactions contemplated hereby or the acquisition,
construction, installation, ownership, and operation of the
Improvements, provided (1) that this indemnification shall not
apply to the warranties made or obligations undertaken by the
Authority in this Agreement and (2) that the claim or matter
against which such indemnification is sought is based upon the
acts of the Developer or others acting on its behalf or under
its direction or control .
(c) All covenants, stipulations, promises, agreements
and obligations of the Authority contained herein shall be
deemed to be the covenants, stipulations, promises, agreements
and obligations of the Authority and not of any governing body
member, officer, agent, servant or employee of the Authority.
(d) This Agreement shall not create and shall not be
construed to create any partnership, joint venture, agency or
employment relationship between the Parties .
(e) Notwithstanding the foregoing to the contrary, after
the execution of the Certificate of Completion, if the
Developer transfers the Development Property to a third party
and said third party accepts the obligations of the Developer
hereunder, and if the conditions stated in Section 4 . 1 (b) are
satisfied, the Developer shall, in an agreement with the
Authority providing the same, be released from all obligations
and liabilities under this Section 4 . 2, except for all
liabilities which may arise with respect to actions taken or
circumstances existing prior to the effective date of said
release .
334455.6 4-3
ARTICLE V
EVENTS OF DEFAULT
Section 5 . 1 . Events of Default Defined. The following are
Events of Default under this Agreement : Failure in the substantial
observance or performance of any covenant, condition, obligation,
or agreement on the part of the Developer to be observed or
performed under this Agreement .
An Event of Default shall also include any occurrence which would
with the passage of time or giving of notice become an Event of
Default as defined hereinabove .
Section 5 . 2 . Remedies on Default . Whenever any Event of
Default occurs, in addition to all other remedies available to the
Authority at law or in equity or elsewhere in this Agreement,
(1) the Authority may suspend its performance under the Agreement
until it receives assurances from the Developer, deemed adequate by
the Authority, that the Developer has cured its default and will
continue its performance under the Agreement and (2) , after
provision of 30 days written notice from the Authority to the
Developer of the Event of Default, but only if the Event of Default
has not been cured within said 30 days, or if the Event of Default
cannot be cured within 30 days, the Developer does not provide
assurances to the Authority reasonably satisfactory to the
Authority that the Event of Default will be promptly cured, then
the Authority may terminate this Agreement .
Section 5 . 3 . No Remedy Exclusive . No remedy herein
conferred upon or reserved to the Authority is intended to be
exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Agreement or now or hereafter
existing at law or in equity. No delay or omission to exercise any
right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but
any such right and power may be exercised from time to time and as
often as may be deemed expedient .
Section 5 .4 . No Additional Waiver Implied by One Waiver. If
any agreement contained in this Agreement should be breached by any
Party and thereafter waived by any other Party, such waiver shall
be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach
hereunder.
334455.6 5-1
Section 5 . 5 . Default by Authority; Specific Performance . If
the Authority is in default of its obligations under this
Agreement, the Authority agrees that the Developer shall have the
remedy of specific performance, in addition to such other remedies
as the Developer may have administratively, at law or in equity.
In such event, the Developer may suspend its performance hereunder
until it receives assurances reasonably satisfactory to the
Developer that the default of the Authority will be cured as soon
as reasonably possible .
334455.6 5-2
ARTICLE VI
Additional Provisions
Section 6 . 1 . Titles of Articles and Sections . Any titles of
the several parts, Articles and Sections of this Agreement are
inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of the provisions hereof .
Section 6 . 2 . Notices and Demands . Except as otherwise
expressly provided in this Agreement, a notice, demand or other
communication under the Agreement by either Party to the other
shall be sufficiently given or delivered if sent by regular mail,
postage prepaid, or delivered personally or telecopied,
(a) in the case of the Developer, to Michael
Investments, 2665 Long Lake Road, Suite 120, Roseville,
Minnesota 55113 , Attention: Jeffrey L. Nielsen, General
Partner; with a copy to Glenn Bergman, Peterson, Fram &
Bergman, 300 Princeton Bank Building, 50 East Fifth Street,
St . Paul, Minnesota 55101-1197; and
(b) in the case of the Authority, to the Mounds View
Economic Development Authority at the Mounds View City Hall,
2401 Highway 10, Mounds View, Minnesota 55112 , Attention :
Mounds View EDA Executive Director.
or at such other address with respect to either such Party as that
Party may, from time to time, designate in writing and forward to
the other Party as provided in this Section.
Section 6 . 3 . Counterparts . This Agreement may be executed
in any number of counterparts, each of which shall constitute an
original hereof and all of which shall constitute one and the same
instrument .
Section 6 .4 . Law Governing. The parties agree that this
Agreement shall be governed and construed in accordance with the
laws of the State of Minnesota.
Section 6 . 5 . Time of the Essence . Time shall be of the
essence in this Agreement .
Section 6 . 6 . No Third-Party Beneficiaries . There shall, as
against the Authority, be no third-party beneficiaries to this
Agreement . More specifically, the Authority enters into this
Agreement, and intends that the consummation of the Authority
obligations contemplated hereby shall be, for the sole and
exclusive benefit of the Developer, and notwithstanding the fact
that any other "persons" may ultimately participate in or have an
interest in the Project, or any portion thereof, the Authority does
not intend that any party other than the Developer shall have, as
alleged third party beneficiary or otherwise, any rights or
334455.6 6-1
interests hereunder as against the Authority, and no such other
party shall have standing to complain of the Authority' s exercise
of, or alleged failure to exercise, its rights and obligations, or
of the Authority' s performance or alleged lack thereof, under this
Agreement .
334455.6 6-2
ARTICLE VII
TERMINATION OF AGREEMENT; EXPIRATION
Section 7 . 1 . Termination. The Authority may terminate this
Agreement as provided herein, and otherwise this Agreement shall
terminate upon payment of the EDA Note in accordance with its terms
and the discharge of all of the Parties ' other respective
obligations hereunder, but no such termination shall terminate any
indemnification or other rights or remedies arising hereunder due
to any Event of Default which occurred prior to such termination.
Section 7 . 2 . Sections to Survive Termination. Section 4 . 2
shall, in addition to the other surviving provisions referenced in
Section 7 . 1, survive the termination of this Agreement .
IN WITNESS WHEREOF, the Authority has caused this Agreement to
be duly executed in its name and behalf by its duly authorized
representatives, and the Developer has caused this Agreement to be
duly executed in its name and behalf by its duly authorized
representatives on or as of the date first above written.
MOUNDS VIEW ECONOMIC
DEVELOPMENT AUTHORITY
By
President
By
Executive Director
MICHAEL INVESTMENTS
By
Its
By
Its
[Execution page of Development Assistance Agreement with the Mounds
View Economic Development Authority. ]
334455.6 7-1
EXHIBIT A
DEVELOPMENT PROPERTY
The Development Property consists of the following described
properties, all located in the City of Mounds View, Ramsey County,
Minnesota:
Current Tax Parcel Nos . 08-30-23-41-0012, 08-30-23-44-0002,
08-30-23-44-0012 and 08-30-23-44-0016, said parcels constituting
the following described property:
Lot 3, Block 3 , PROGRAMMED LAND FIRST ADDITION
Lot 2, Block 1, PROGRAMMED LAND SECOND ADDITION
That part of Outlot A, MOUNDS VIEW BUSINESS PARK, lying east
of a line beginning at a point on the south line of said
Outlot A, said point being South 89 degrees 19 minutes 21
seconds East, assumed bearing, 409 . 00 feet from the southwest
corner of said Outlot A; thence North 31 degrees 43 minutes 48
seconds East 19 . 26 feet to the north line of said Outlot A and
said line there terminating;
That part of the south 5 acres of Lot 2 , Block 2, PINECREST
ADDITION lying east of a line beginning at a point on the
north line of said south 5 acres, said point being 414 . 36 feet
east of the northwest corner of said south 5 acres; thence
south at an angle of 90 degrees 00 minutes 00 seconds right to
the south line of said Lot 2 , and said line there terminating.
[NOTE : Said parcels to be replatted as Lot 1, Block 1,
MOUNDS VIEW BUSINESS PARK EAST 2ND ADDITION]
334455.6 A-1
EXHIBIT B
FORM OF EDA NOTE
No. R-1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY
TAXABLE TAX INCREMENT REVENUE
NOTE OF 1999
(BUILDING "N" PROJECT)
[1] The Mounds View Economic Development Authority (the
"EDA" ) hereby acknowledges itself to be indebted and, for value
received, hereby promises to pay to
or its registered assigns (the "Registered Owner" ) , but only in the
manner, at the times, from the sources of revenue, and to the
extent hereinafter provided, the Principal Amount of this Note (as
defined in paragraph [2] hereof) and to pay interest on the unpaid
portions of the Principal Amount of this Note at the rate of
interest of eight and no hundredths percent (8 . 00%) per annum.
Interest shall accrue from the date of the Certificate of
Completion and shall be computed on the basis of a 360-day year
consisting of 12 30-day months . This Note is the "EDA Note"
described and defined in that certain Development Assistance
Agreement, dated as of , 1999 (as the same may be
amended from time to time, the "Development Agreement" ) , between
the EDA and Michael Investments, a Minnesota general partnership,
as the initial Developer under the Development Agreement . Each
capitalized term which his used but not otherwise defined in this
Note shall have the meaning given to that term in the Development
Agreement .
[2] The Principal Amount of this Note shall be the lesser of
(1) $1, 200, 000 or (2) the $615, 000 appraised value of the
Development Property determined pursuant to the Appraisal plus the
amounts of costs for both the Public Improvements (unless specially
assessed) and the Site Improvements, all as completed in the
subsequent certification thereof which appears hereinafter in this
Note .
[3] Subject to the terms hereof, amounts due on this Note
shall be payable on each February 1 and August 1, commencing on the
first August 1 or February 1 (as the case may be) following the
date of the Certificate of Completion and continuing through
February 1, 2014 (the "Payment Dates" ) .
334455.6 B-1
[4] On each Payment Date (or, if not a business day of the
EDA, the first business day thereafter) the EDA shall pay by check
or draft mailed to the person that was the Registered Owner of this
Note at the close of the last business day of the EDA preceding
such Payment Date an amount equal to the lesser of (1) the
Available Tax Increments received by the EDA within the 6-month
period preceding said Payment Date and (2) the sum of (i) the
accrued and unpaid interest hereon and (ii) the aggregate amount of
the unpaid principal of this Note . The EDA shall have the option
at any time to prepay in whole or in part the principal amounts of
this Note at par plus accrued interest . All payments made by the
EDA under this Note shall be applied first to pay accrued and
unpaid interest on this Note and second toward payment of principal
hereof .
[5] This Note shall terminate and be of no further force and
effect on any date upon which the EDA shall have terminated the
Development Agreement, on the last Payment Date (February 1, 2014)
following payment thereon of the Available Tax Increments then due,
or on the date that all principal and interest payable hereunder
shall have been paid in full, whichever occurs earliest .
[6] The pledge of Available Tax Increments to the payment of
this Note is junior and subordinate to the need and use thereof for
payment of the Bonds, all as defined and described in the
Development Agreement .
[7] The EDA makes no representation or covenant, express or
implied, that the revenues described herein will be sufficient to
pay, in whole or in part, the amounts which are or may otherwise
become due and payable hereunder. Any amounts which remain unpaid
on this Note following the final Payment Date (February 1, 2014)
shall no longer be a debt or obligation of the EDA whatsoever.
[8] The EDA' s payment obligations hereunder shall be further
conditioned on the fact that there shall not at the time have
occurred and be continuing an Event of Default under the
Development Agreement , and, further, if pursuant to the occurrence
of an Event of Default under the Development Agreement the EDA
elects to terminate the Development Agreement, the EDA shall have
no further debt or obligation under this Note whatsoever.
Reference is hereby made to the provisions of the Development
Agreement for a fuller statement of the obligations of the
Developer and of the rights of the EDA thereunder, and said
provisions are hereby incorporated by reference into this Note to
the same extent as though set out in full herein. The execution
and delivery of this Note by the EDA, and the acceptance thereof by
the Developer or its designee, as the initial Registered Owner
hereof, shall conclusively establish this Note as the "EDA Note"
(and shall conclusively constitute discharge of the EDA' s
obligation to issue and deliver the same) under the Development
Agreement .
334455.6 B-2
[9] This Note is not any obligation of any kind whatsoever of
any public body, except that this Note is a special and limited
revenue obligation but not a general obligation of the EDA and is
payable by the EDA only from the sources and subject to the
qualifications and limitations stated or referenced herein.
Neither the full faith and credit nor the taxing powers of the EDA
are pledged to or available for the payment of the principal of or
interest on this Note, and no property or other asset of the EDA,
save and except the above referenced Available Tax Increments, is
or shall constitute a source of payment of the EDA' s obligations
hereunder.
[10] This Note is issued by the EDA in aid of financing a
project pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469 . 174 through 469 . 179 .
[11] This Note may be assigned but upon such assignment the
assignor shall promptly notify the EDA thereof in writing, and the
assignee shall surrender this Note to the EDA either in exchange
for a new fully registered note or for transfer of this Note on the
registration records for the Note maintained by the EDA. Each such
assignee shall take this Note subject to the foregoing conditions
and subject to all provisions stated or referenced herein.
[12] This Note has been issued as a taxable and not as a tax-
exempt obligation, and the EDA makes no representation, express or
implied, that the interest on this Note is or may be excludable
from gross or taxable net income of the Registered Owner for income
tax purposes .
[13] IN WITNESS WHEREOF, the Mounds View Economic Development
Authority has caused this Note to be executed by the manual
signatures of its President and its Executive Director and has
caused this Note to be issued and dated as of
1999 .
President Executive Director
334455.6 B-3
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note was as of the
latest date listed below registered in the name of the last
Registered Owner noted below, and that, at the request of said
Registered Owner of this Note, the undersigned has as of said
applicable date registered this Note as to principal and interest
on the Note in the name of such Registered Owner, as indicated in
the registration blank below, on the books kept by the undersigned
for such purposes .
DATE OF SIGNATURE OF EDA
NAME OF REGISTERED OWNER REGISTRATION EXECUTIVE DIRECTOR
, 1999
, 19
, 19
Subsequent Certification of Costs
of Public Improvements and Site Improvement .
The undersigned Executive Director of the Mounds View Economic
Development Authority, pursuant to Section 3 . 2 of the Development
Agreement, hereby certifies that the Developer has certified, and
the Authority has accepted certification of a total of $
of costs of Site Improvements and a total of $ of costs
of Public Improvements . I further certify that pursuant to said
provisions of the Development Agreement and the applicable terms of
this Note, the finally-determined Principal Amount of this Note is
Dated:
Executive Director,
Mounds View Economic
Development Authority
334455.6 B-4
EXHIBIT C
CERTIFICATE OF COMPLETION
WHEREAS, the Mounds View Economic Development Authority (the
"Authority" ) and Michael Investments, a Minnesota general
partnership (the "Developer" ) , have executed a Development
Assistance Agreement, dated , 1999 (the "Development
Agreement" ) , with respect to the completion by the Developer of
certain improvements (the "Improvements" ) , specifically, an
approximately 97, 463 square foot building (or an approximately
69, 582 square foot building constructed by the Developer as
office/flex/service facilities) on certain land (the "Development
Property" ) described in the Development Agreement; and
WHEREAS, said Developer has to the present date substantially
performed its undertakings under the Development Agreement in a
manner deemed sufficient by the Authority to permit the execution
of this certificate pursuant to Section 3 .4 of the Development
Agreement :
NOW, THEREFORE, this is to certify that the Improvements have
been completed on the Development Property in substantial
conformance with the terms of the Development Agreement .
MOUNDS VIEW ECONOMIC DEVELOPMENT
AUTHORITY
By
Its
Dated: , 19 .
334455.6 C-1
rr'-, 1'Ih'11 1,4 70 L'7f•JO
•
EXHIBIT D
PUBUC IMPROVEMENTS
Public Improvements include the following types of expenses for the Development
Property incurred by the Developer.
Public right-of-way costs for Program Avenue improvements (adjacent to Development
Property), including:
Estimated Cost
Street Lighting $ 8,000
Entry/Driveway Aprons 8,000
Curbs and Gutter(north side of Program Avenue only) 4,000
Traffic Control Signs 1,000
Program Avenue Excavation and Repair 5,000
Landscaping and Irrigation within Public Right-of-Way 20,000
Water Main and Hydrants to serve Development Property 55,000
Storm Sewer to serve Development Property 3,000
(Connection at Program Avenue)
Engineering and Testing Fees for Public Improvements to
serve Development Property 5,000
Administrative Costs:
Supervision 6,000
Inspection Fees 4,000
Permits 2,000
Surveys 2,000
•
Total Estimated Cost $123,000
r oANAotw,2)rams s1118tw+n.
EXHIBIT E
SITE IMPROVEMENTS
Site Improvements Include the following types of expenses for the Development
Property incurred by the Developer:
Estimated Cost
Erosion Control/Silt Fence $ 5,000
Site Clearing and Tree Removal 5,000
Soil Correction 25,000
Grading/Backfilling/Compaction of Fill 90,000
Sanitary Sewer 35,000
Ponding and Storm Sewer System 90,000
Retaining Walls 106,000
Paving - Include Costs of Base Construction excluding Asphalt 56,000
Landscaping and Irrigation Sprinkler System 60,000
Project Identification Signage 15,000
Soil Testing and Location Surveys 14,000
Environmental Costs,Assessments, Work Programs, **
Abatement/Clean-up
ArchitecturaVDesign Fees (Site Only) 4,000
Engineering and Inspection Fees (Site Only) 12,000
Site Work Permit Fees 8,000
Total Estimated Cost $525,000
**No environmental issues or remediation costs are anticipated at this time.
EdillwAa(WA)soros 61111 wa.e.rs
STAFF REPORT
TO: Chuck Whiting DATE: March 18, 1999
City Administrator
FROM: John D. Hammerschmidt TOPIC: Truck
Golf Course Manager
HISTORY: For the last three years I have made every effort to do projects in-house rather than
thru the use of contractors. The cost savings to the golf course has been demonstrated in the
amount of projects we are able to afford to do each year. The need for a larger, newer pick-up has
always been recognized by staff and previous councils but until now has not been a high priority.
For past projects we have used a 1992 Ford Ranger that was bought used in 1994. This truck was
bought with the intention of running errands, carrying small loads, and transportation for city
business. The truck currently has 79,750 miles on it and a value of about $1,500. We have hauled
everything from fertilizer to rock to lumber etc. using this vehicle. Some of the time we were able
to borrow a truck from public works. This was usually not possible because our busy times were
the same as their busy times. Most of the time we just made more trips or used our personal
vehicles to get the job done.
In 1998 we started on several projects where we frequently needed a larger vehicle. To
recondition the soil at the golf course due to construction errors is a long term $400,000
project that we can accomplish for far less with the right equipment. One of the processes of this
project is to spread a sand/compost mix over the entire course as often as possible and use the
vertidrain aerator to mix this in the top 16 inches. We try to do this while the course is in
operation and if need be close the course for a day or two. We need a tractor to load, a tractor for
the vertidrain, and a heavy duty pick-up to pull sand spreader. Last year we tried to use the
Ranger but either had to be going downhill on dry ground or if the load shifted the spreader full of
sand would lift the back of the pick-up off the ground. As a result we used our personal vehicles
with no reimbursement to complete this project.
The Ranger is also inadequate for hauling fertilizer, towing rental equipment, or towing trailers to
transport our equipment, whether it be for repair or for rental to another city or golf course.
We also could use a larger truck for debris hauling, for hauling landscape materials, bridge repair
materials, etc.
This truck was approved by the council in 1998 but I held off on the purchase in case the new
council had some input as to whether we should try to contract our specialty equipment out in
order to offset the cost of it. This could make some difference as to buying a 3/4 ton or a 1/2ton
pick-up and possibly some different options.
OPTIONS: We do have the option of contracting out for services when a larger truck is needed.
We can also have rental companies deliver their equipment when needed, and if we have
equipment that needs shop time arrange, to have their service companies pick it up. Our fertilizer
can be delivered to us at prearranged times, however their minimum delivery amounts would
force us to build a larger storage unit. We also could use a good used truck. With the break the
city gets on new vehicles and the golf course not having a truck mechanic how much do we really
save.
RECOMMENDATION: This item has come in front of the council on at least three occasions as
well as been recommended by the golf course committee. The only reason it was not purchased as
a regular budget item several years ago was because of the lawsuit expense and the need for
exercising financial restraint wherever possible until an item becomes an absolute priority. I will
not borrow my workers pick-ups this year to sand the fairways or tow equipment I also will not
use my van to haul fertilizer,seed or building materials. I recommend that the golf course
purchase a 3/4ton pick-up. This will service our needs in this area for at least the next ten years, at
the same time being the most cost effective.
RESOLUTION NO. 5327
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE GOLF COURSE MANAGER TO PURCHASE A
TRUCK FOR THE BRIDGES GOLF COURSE
WHEREAS,the Bridges Golf Course has a need for a 3/4 ton pick up truck in order to
complete ongoing projects and for other general uses; and
WHEREAS,the Golf Course Manager John D. Hammerschmidt and the golf course
committee has recommended the purchase of such truck not to exceed$25,000; and
WHEREAS,the Golf Course will use its vehicle replacement budget to purchase this
vehicle;
NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Mounds View authorizes the Golf Course Manager John D. Hammerschmidt to purchase a 3/4
ton truck in accordance with the City of Mounds View purchasing policies.
Adopted this day of March, 1999
ATTEST
Mayor Dan Coughlin
(SEAL)
Chuck Whiting, City Administrator