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Home My WebLink AboutAgenda Packets - 1998/10/26 CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, OCTOBER 26, 1998 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: McCarty, Stigney,Koopmeiners, Quick, Gunn 3. APPROVAL OF MINUTES A. October 13, 1998 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS: A. Certificate of Recognition for Keith Anderson. S 5. CONSENT AGENDA A. Approve Just and Correct Claims. B. Set a special meeting for canvassing election results. 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 7. COUNCIL BUSINESS A. Consideration of Resolution No. 5275,Approving the Fire Dispatching Services Agreement. B. Consideration of TOLD Development Co. Offer to Purchase City Owned Property. C. Consideration of Salvation Army Request for Purchase of Property. 8. REPORTS 9. Next Council Work Session: Monday,November 2, 1998-6:00 PM Next Council Meeting: Monday,November 9, 1998-7:00 PM 10. ADJOURNMENT October 22, 1998 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: October 26, 1998 City Council Meeting We have a few business items to take care of at Monday night's meeting. Here are Council business items: Anoka County Fire Dispatching Services Agreement-Resolution No. 5275: The Council will recall discussions we've had on this item in the past. Anoka County is requiring the City to pay for fire dispatching services even though the City hasn't before an is in another county. While staff has felt that legally Anoka County cannot require us to pay for this service, they have let me know that they would proceed to stop providing the service after January 1, and that the City should approach Ramsey County to pick up the service. Naturally this is a practical problem for the community being the only city in our department not in Anoka County. Their formula for our payment would require the City to pay$2,766 for their dispatching. For that amount it seems far more practical to pay and continue the good service the City has had instead of having a second dispatching organization attempt to work with the department. The agreement has been reviewed by Carl Schmidt and Nyle Zikmund and is considered satisfactory. My recommendation is to approve Resolution No. 5275. TOLD Development Co. Land Purchase Proposal: Rick Jopke's memo responds to a proposal by TOLD Development to purchase property owned by the City at the corner of Edgewood and Highway 10. How the City processes such a request is a primary concern. Rick's memo suggests that if some interest on behalf of the City exists that an agreement on the terms for reviewing their proposal be developed. This is similar to other options the City has used in the past. If no interest exists, then naturally nothing would be done. For now, only a direction based on the Council's interest really needs to be considered. Special City Council Meeting to Canvas Election Results for November 4, 1998: I am recommending the Council set a special meeting to canvas the election results for Wednesday, November 4. In the past the Council has set this meeting for 5:00 or 5:30 p.m. and it usually lasts only a few minutes. If such a time is acceptable to the Council the meeting can be set. Later that evening may pose conflicts with the Planning Commission and the Streets Policies Committee. That is all I have for the meeting on Monday. I will be out of the office until next Friday. Please contact Mike,Cari or Bruce if you need anything next week. Also,I will be checking my messages. 3A APPIY , J it PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNCTY,MINNESOTA Regular Meeting October 13, 1998 Mounds View City Hall 2401 Highway 10, Mounds View,MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m., on October 13, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Stigney, and Quick. ALSO PRESENT: Chuck Whiting, Clerk Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Mike Ulrich, Director of Public Works; Finance Director Bruce Kessel; Bob Long, City Attorney; and Kathy Hix, Recording Secretary (for Dave Hix). 3. APPROVAL OF MINUTES A. September 28, 1998 City Council Meeting Minutes Mayor McCarty asked for corrections and/or additions to the September 28, 1998, City Council Meeting Minutes. Stigney offered the following corrections: Agenda Item No. 9, Page 4,the correct date for the Next Council Meeting should be October 13, 1998, and the Next Council Work Session should be October 6, 1998. Under Agenda Item No. 8, Reports, Page 3 change all references to the date October 4, 1998 to October 6, 1998. Mayor McCarty offered the following correction: Under Agenda Item No. 7, Page 2, at the MOTION/SECOND, change the date from October 12, 1998, to October 13, 1998. MOTION/SECOND: Gunn/Koopmeiners to approve the September 28, 1998, City Council Meeting Minutes as corrected. VOTE: Ayes - 4 Nays - 0 Abstain- 1(Quick) Motion carried UNAPPROVED • Page 2 October 13, 1998 Mounds View City Council 4. SPECIAL ORDER OF BUSINESS A. Recognition of Keith Anderson, Minnesota Technology Teacher of the Year. Mayor McCarty directed staff to prepare and bring forth to the next Council meeting a Resolution recognizing the accomplishments of Keith Anderson as Minnesota Technology Teacher of the Year. Staff concurred. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Approval of Contractor Licenses(staff report attached). C. Approval of Resolution No. 5272, Approving the Score Recycling Grant Request to Ramsey County. E. Authorization to dispose of surplus inventory from the old Bel Rae. Item 5D was removed from the Agenda. • MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda with the exception of Item 5D. VOTE: Ayes - 5 Nays - 0 Motion carried 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR Dan Gates, 5364 Clifton Drive, told the Commission he had been cited by the City for illegal parking of a commercial truck in his front yard on an unimproved surface. The truck, a one-ton pickup chassis with a closed cube box, is used for his business. It was Mr. Gates opinion that the citation was issued incorrectly. His interpretation of the City Code was that any truck one-ton and under could be parked in a residential neighborhood. Mr. Gates was asking for a clarification of the Ordinance. He also presented a petition that had been signed by four out of five of his neighbors who spoke in favor of Mr. Gates being allowed to park his vehicle on his property. McCarty told Mr. Gates that the original ordinance had been passed by public referendum in 1979. Upon amendment in 1995, the ordinance now includes no vehicles to be parked on non- permanent surfaces. McCarty directed staff to clarify the Ordinance in writing for Mr. Gates. The City Attorney stated the Ordinance doesn't deal with trucks, or cars, or tonnage. It simply • defines vehicles as they are defined in Minnesota Statute. Sec. 607.06 subd. 3 (c), "No person shall cause, undertake, permit, or allow the outside parking and storage of vehicles in residentially Page g October 13, 1998 UNAPPRO..\IED Mounds View City Council zoned property ... vehicles must be stored on an improved surface." Long stated this is a general rule whether it be cars or trucks. Rob Marty, 2626 Louisa Avenue, asked the Council to explain why there was a cut-through being constructed from the new Theater Project through Donetelle's parking lot. He stated the development plans that had been approved by the City did not allow for this cut-through. Jopke told Mr. Marty that the construction in question was not a roadway but in fact was a paved pedestrian path that had been approved by the City and the Rice Creek Water Shed District as part of the Theater Development. Julie Olson, 2663 Lake Court Circle, asked for clarification in regards to the percentage of levy that the City submitted to the County for its tax base. McCarty told Ms. Olson that a 5.02 percent increase was the amount that had been submitted. This is the maximum amount that the City can increase its levy for 1999. The City is not bound by this level and can adjust the levy downward if required. • Whiting told Ms. Olson that in 1998 the amount had been $1,599,940. The 1999 proposed maximum is $1,680,211, an increase of roughly $80,000 or 5.02 percent. Ms. Olson asked what levy amount the charter allowed as a maximum. McCarty stated there was no maximum levy amount stated other than the City's budget must be balanced. Ms. Olson asked what portion of the proposed levy increased was earmarked for the New Commusnity Center. McCarty stated the preliminary projection was $171,000 in revenue and $231,000 in expenses. However, these figures were calculated with the highest possible numbers in the management end of the projection. The Community Center has great potential for revenue generation but there is no way that the Community Center will be supported 100 percent on its own revenue, he added. The Mayor invited Ms. Olson and the viewing community to attend a November 16, 1998, Informational Meeting on the Budget, prior to the Truth and Taxation Hearing, so the City can get input from the Community on the final budget. Ms. Olson asked what percentage of the proposed levy increase was earmarked for the Community Center. • Whiting told Ms. Olson there would be a direct transfer of$50,000 from the City's General Fund Page 4 October13, 1998 UNAPPR@VLD Mounds View City Council into the Community Center's operating budget. The discussions to be held on the management options will deal with dollar amounts over and above the $50,000, which is the difference between projected revenues generated by the building versus projected expenses. Any shortfall would be made up by the general fund, Whiting stated. Ms. Olson asked how many business would change from the TIF fund, if they were decertified, into the General Fund for the coming year. McCarty stated that none of the existing TIF users were up for decertification this year. Kessel told Ms. Olson the City's three TIF districts were 25 years in length and they expire in the year 2013-2015. McCarty told Ms. Olson the next large increase in revenues from the commercial tax base would come from the Theater Project and not the decertification of TIF. Ms. Olson asked what percentage of the City's commercial area businesses generate taxes for the 4111 good of the City; that go into making up the general fund versus going into TIF. Whiting told Ms. Olson the businesses that are in TIF districts are: Everest Business Park, the Mermaid, and SYSCO. The rest of the business up and down Highway 10 are not in TIF districts. The Community Center is in a TIF district created especially for it. 7. COUNCIL BUSINESS A. Continuation of Public Hearing and Adoption of Old Highway 8 Reconstruction Project Assessments. McCarty closed the Council meeting and opened the public hearing. Ulrich gave his report as follows: The assessment roll based on the final projects cost for the Old Highway 8 Reconstruction Project had been recalculated. The new assessment notices had been mailed to all of the benefitting property owners. Staff was recommending approval of Resolution 5270, Adoption of the Old Highway 8 Assessment Roll. No comments were offered by the public. Mayor McCarty closed the public hearing and • reopened the Council meeting. 4110 Page 5 UNAPPROVED October 13, 1998 Mounds View City Council MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5270, Adopting the Old Highway 8 Assessment Roll. VOTE: Ayes - 5 Nays - 0 The motion carried B. Appointments to Streets Policy Committee Whiting read the names of the applicants: 1. James P. Norton, 5550 St. Stephens Street 2. Brian Kaden, 7675 Spring Lake Road 3. Ordeen Jan Braathen, 2817 County Road H 4. Mary Malrick, 8289 Spring Lake Road 5. Patricia Michna, 5287 Edgewood Drive 6. Daniel P. Coughlin, 8468 Spring Lake Road 7. Barbara Haake, 3024 County Road I 8. Debra Riley, 8004 red Oak Drive Once the Council makes its appointments, a report wold be issued to the Council at the First Council Work Session of the new year. Quick asked what the purpose of the committee would be. Whiting told the Council the purpose of the Committee would be to review and oversee the City's street construction, assessment and financing policies and procedures. The Committee is called upon to report in writing to the City Council at the Council's regular meeting of January 11, 1999 on the Committee's evaluation of the City's current street reconstruction and assessment policies and the City's ability to finance reconstruction projects, and recommendations and reasons for changes. The Committee will cease to exist after January 11, 1999 unless called upon by the City Council for further direction. Jerry Linke, 2319 Knoll Drive, expressed concern that the Committee would only be made up of 8 members instead of the Resolutions recommended 12. McCarty stated the initial Resolution 5260, the implementation Resolution, called for 12 people only as an attempt to have 12 people apply. The City has only received 8 applicants. The current Resolution, does not specify an exact number of Committee members, and calls for formation of the Committee with the applicants that have applied. • MOTION/SECOND: Stigney, Gunn to approve Resolution 5274, A Resolution Appointing • Page 6L.D October 13, 1998 uNAppR Mounds View City Council Members for the Streets Policy Committee Serving A Three Month Term Expiring January 11, 1999. VOTE: Ayes - 5 Nays - 1(Quick) The motion carried Quick told the Council he was against the Resolution because the make up of the Committee was mainly on the western side of the City. C. Set a Public Hearing for Ordinance No. 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the Operation of the Utility within the City of Mounds View: 1. Conduct First Reading; and 2. Motion to Set a Date for Public Hearing and Second Reading for November 9, 1998. MOTION/SECOND: Koopmeiners/Quick to Set a Public Hearing for Ordinance No. 622, An Ordinance implementing a Franchise Fee on Electric and Natural Gas utility companies for the • Operation of the Utility within the City of Mounds View. Whiting asked the Council to take note of Subd. 2, Sec. 1, which refers to a franchise fee of not more than 4 percent, the City's original mandated maximum. Sec. II calls out a fee of 2.5 percent and can be amended at the second reading. Kessel also asked the Council to consider amending, at the second reading, Sec. VIII, the Sunset Clause, to read December 31, 1999. VOTE: Ayes - 5 Nays - 0 The motion carried D. Status of Comprehensive Plan update. Jopke gave his report as follows: 1. Community Forums a. A community forum summary will be an attachment to the Update document. 2. Community Background (optional) a. History, physical environment, and demographics b. Maps 41111 c. I-35W Corridor Coalition update 3. Land Use Element • Pagel October 13, 1998 UNAPPROVED Mounds View City Council a. A new land use classification system based on the I-35W Corridor Coalition system. b. existing land use pattern maintained with some changes along the Highway 10 corridor, Changing manufactured home parks to medium density housing or light industrial PUD, the site at the south west corner of the intersection of Long Lake Road and County Road H-2 could be developed as medium density single-family attached housing along County Road H-2 and low density single-family detached housing on the portion of the site having access to Clearview and Louisa Avenues. The existing land along Long Lake Road would be protected. c. The intent of the plan is not to force people to move but to guide future development. d. Review and update the City's storm water management plan e. No need for special measures to protect historically significant properties f. solar access protection will be reviewed as part of the process to update the City's zoning code. 4. Housing Element • a. Population, housing supply, future hosing needs, housing goals and policies b. Maintaining and improving the existing housing stock 5. Public Facility Elements a. Transportation plan, sewer and water plan, and parks and open space plan 6. Economic Development Plan(optional) 7. Intergovernmental Coordination Element(optional) a. Coordinating development with cities along the I-35W Corridor 8. Implementation Element a. City plans to implement its Updated Comprehensive Plan This process will not be done by the end of the year. Therefore, staff will apply for n extension from the Metropolitan Council. The City Council will be asked to pass a resolution requesting the extension. Jopke stated it was staffs goal to have a completed draft of the Comprehensive Plan by the end of the year. Another series of community forums will be held to solicit citizen input. Following the forums, the Planning Commission could then recommend a Comprehensive Plan to the City Council. The City Council would then hold a public hearing and approve the Comprehensive Plan subject to Metropolitan Council review. Following Metropolitan Council review the plan would be officially adopted. No action was required of the Council at this meeting. Cam Obert, Planning Commission member, expressed the importance of the Comprehensive Plan • Update process in the City's future development and encouraged continued community • Page 8 UNAPPROVED October 13, 1998 Mounds View City Council involvement in the process. E. Consider Authorizing Amendment to 1998 Cable TV Budget. MOTION/SECOND: Quick/Koopmeiners to approve Resolution 5275, A Resolution Amending the 1998 Cable TV Budget. Stigney asked Whiting where the funds for the Cable TV budget came from. Whiting told the Council the budget is derived from the Cable TV franchise fee. The franchise fee money can only be used for cable related services: cable technicians, camera operators, 5 percent of staff overhead(Park and Recreation Director salary). Stigney asked if the franchise fee could be used at the New Community Center. McCarty stated as long as it was cable related. • Stigney asked: "If this money is being set aside for cable services, does that mean that it can never be used for anything else? It's desirable to spend whatever is there? Or is it desirable to maintain a balance for future uses?" Kessel stated it was his belief that the balance should not be spent down to zero. Pat, the City's video technician, presented a list of equipment that was being requested to update the City's video recording system. The list was put together by staff, and various vendors who service the City. The equipment will service the City for the next five to ten years and will streamline a system that is "patched together." Stigney expressed his concern that the equipment that was being requested wasn't really needed because the City had purchased a new mixer and some new cameras in the recent past. He also questioned the need to replace the microphones and contended that the City didn't need a system that comes with all of the "bells and whistles." The system that is being proposed is overkill, he added. McCarty asked Pat what recommendation the Cable Committee had made. Pat told the Council the Cable Committee's recommendation was to proceed with the acquisition of the recommended equipment. • Kessel told the Council the project would have to be publicly let for bids because the expenditure • Page 9 October 13, 1998 UNAPPROVED Mounds View City Council would be over $25,000. MOTION/SECOND: Stigney/ to make a motion of postponement on Resolution 5275. Motion failed due to lack of a second. Quick asked the Council to recognize the Cable Committee: 1. Pat 2. Bruce Kessel 3. Peg Meyer 4. Jerry Skelly 5. Barb Haake 6. Don Hodges 7. Council Liaison Stigney VOTE: Ayes - 4 Nays - 1(Stigney) The motion carried • F. Discussion of 1999 City General Fund Budget. 1. Community Center Management Options. McCarty gave his report as follows: The Council has set a preliminary levy and adopted a preliminary continuance of the franchise fee. Council has asked staff to produce options for the governance of the management of the Community Center. Once those options are in, the Council will select the appropriate option and take it to the upcoming informational meeting for further discussion with the citizens of the community. Whiting stated information was being gathered to be included in the Mounds View Matters for advertisement to the general public of the informational meeting that will be held on November 16, 1998. Ruth Berke, 623 Lake Court Circle, asked if Sherry Linke had been given a $62,000 a year job to manage the New Community Center. McCarty stated that Ms. Linke, a private consultant, had not been given a job but was one of the vendors being considered to privately manage the New Community Center. • Ms. Berke stated the "Community Center was a significant free election commitment to the • Page 10 UNAPPROVED October 13, 1998 Mounds View City Council voters and we're obligated to fulfill that promise, and I feel that the voters have been let down by putting the burden on them to keep this thing going." McCarty told Ms. Berke the City was doing the best that it could to minimize the Community Center's impact on the citizens'taxes through revenue producing activities at the Community Center and to try and find the most cost effective way the City can to manage the Center. Julie Olson expressed her concern that the City was limiting itself to only three management options for the Community Center; that other management avenues were not being explored. Cam Obert reminded the staff the Community Center is just what its name implies, a center for the community to support its citizens. He stated the citizens should not be splitting hairs on management dollars but should, in fact, be happy that the people of the City will have a place to support one another through community activities. You cannot put a price tag on the benefit it will have for the community, he added. Dan Conklin, 8468 Spring Lake Road, stated: Talking about "water over the dam" wasn't doing • the City any good. He stated he would be in favor of having the YMCA operate the Community Center. Whiting Suggested having a Council Work Session to discuss the Community Center management options next week because he would not be able to attend the next City Council meeting. MOTION/SECOND: McCarty/K000pmeiner to hold a Council Work Session, Monday October 19, 1998, at 6:00 p.m. to discuss Community Center management options. VOTE: Ayes - 5 Nays - 0 The motion carried G. Report on District Judge Decision regarding MAC Airport Plan followed by Closed Session of the Council to review Litigation. Attorney Long gave his report as follows: The District Judge has granted a temporary injunction issued on behalf of Mounds View stopping the Metropolitan Airport Commission from proceeding with its plan for the Anoka County Airport through the Metropolitan Council process until such time as a full trial is held on the merits of the case. One of the findings is that the party that the injunction is awarded to will most likely to succeed on the merits in the trial. Judge Finely stated: "Because of the statute and the • order we alleged of course that MAC's proposed plan was in violation of the statute which prohibits a minor-use airport from being upgraded to an intermediate-use airport using public Page 11 October 13, 1998 r Mounds View City Council funds." 8 REPORTS Quick No Report Koopmeiners No Report Gunn No Report Stigney No report Mayor McCarty No Report Staff No Report 9. Next Council Work Session: Monday, October 19, 1998 - 6:00 p.m. Following Council Work Session: Monday, November 2, 1998 - 6:00 p.m. Next Council Meeting: Monday, October 26, 1998 - 7:00 p.m. 10. ADJOURNMENT • MOTION/SECOND: Gunn/Stigney to recess to the Closed Session. VOTE: Ayes - 5 Nays - 0 The motion carried There being no further business before the mounds View City Council, Mayor McCarty recessed the meeting to the Closed Session at 10:14 p.m. Respectfully submitted, Dave Hix Recorder 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: 11855 through 11867 in the amount of$ 38,186.66 11868 through 11980 in the amount of$ 362,267.73 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 400,454.39 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 10/27/98 by the vote ayes nayes Mayor Clerk-Administrator Date: 10/22/1998 Time: 10:19:23 City of Mounds View Operator: Marge Norquist Page: 1 FM Entry - Invoice Cash Disbursement Journal Ranges: Journal #: (A) Transaction #: (A) Check Date: (A) Check#: (L) 11855, 11856, 11857, 11859, 11860, 11861, 11862, 11863, 11864, 11865, 11866, 11867 Bank#: (A) Options: # of copies: 1 Void Checks: N Page on Check: N Check # Vendor Name Check Date Type Jrnl# Trans Account # Title Description Amount Invoice Check 11855 Minnesota State Treasurer 10/13/1998 R 440 3 100-3280 Building surcharge Building Permit Surcharges 3,189.08 100-3286 Sewer & water surchage Building Permit Surcharges 8.16 100-3281 Fixed fee building surcharge Building Permit Surcharges 8.64 • 100-3283 HVAC surcharge Building Permit Surcharges 19.20 100-3284 Plumbing surcharge Building Permit Surcharges 10.08 Invoice Total: 3,235.16 3,235.16 11856 Mounds View, City of 10/13/1998 R 440 1 100-4160-1140 Miscellaneous office supplie Replenish Petty Cash 5.96 100-4470-3630 Training & conferences Replenish Petty Cash 9.62 100-4140-1140 Miscellaneous office supplie Replenish Petty Cash 2.00 100-4160-1140 Miscellaneous office supplie Replenish Petty Cash 15.98 100-4460-1600 Operating supplies Replenish Petty Cash 17.89 100-4160-3100 Telephone Replenish Petty Cash 6.35 100-4160-3030 Other professional services Replenish Petty Cash 9.22 100-4350-1600 Operating supplies Replenish Petty Cash 7.52 100-4472-3630 Training & conferences Replenish Petty Cash 7.14 100-4160-1140 Miscellaneous office supplie Replenish Petty Cash 12.00 100-4472-3630 Training & conferences Replenish Petty Cash 7.14 100-4140-1140 Miscellaneous office supplie Replenish Petty Cash 16.45 230-4650-3630 Training & conferences Replenish Petty Cash 5.99 230-4650-3630 Training & conferences Replenish Petty Cash 12.00 250-4352-1600 Operating supplies Replenish Petty Cash 22.00 250-4351-1600 Operating supplies Replenish Petty Cash 2.16 250-4351-1600 Operating supplies Replenish Petty Cash 11.65 252-4350-1600 Operating supplies Replenish Petty Cash 13.58 700-4823-3630 Training & conferences Replenish Petty Cash 10.00 730-4823-3630 Training & conferences Replenish Petty Cash 20.00 Invoice Total: 214.65 214.65 11857 Joe Witzman 10/13/1998 R 440 2 230-4650-7050 Construction Purchase Agreement Earnest Paym 1,000.00 Invoice Total: 1,000.00 1,000.00 11859 ICMA Retirement Trust - 457 10/22/1998 R 456 1 100-2012 PERA payable ICMA for 10/22/98 154.24 100-2013 Deferred comp payable ICMA for 10/22/98 3,736.08 Invoice 10/22/98 Total: 3,890.32 3,890.32 11860 Minnesota Mutual 10/22/1998 R 456 3 100-2013 Deferred comp payable MN Mutual for 10/22/98 307.69 Invoice 10/22/98 Total: 307.69 307.69 Date: 10/22/1998 Time: 10:19:25 City of Mounds View Operator: Marge Norquist Page: 2 FM Entry - Invoice Cash Disbursement Journal Check # Vendor Name Check Date Type Jrnl# Trans Account # Title Description Amount Invoice Check 11861 MINNESOTA STATE RETIREMENT SYS 10/22/1998 R 456 2 100-2013 Deferred comp payable MN Retirement for 10/22/98 100.00 Invoice 10/22/98 Total: 100.00 100.00 11862 NCPERS Life Insurance 10/22/1998 R 456 4 100-2014 Accrued insurance payable PERA Life for November 24.00 Invoice 10/22/98 Total: 24.00 24.00 11863 Public Employees Insurance Pro 10/22/1998 R 456 5 100-2014 Accrued insurance payable Health Ins. for November 16,611.72 100-4200-0400 Health insurance - employer Health Ins. for November 156.23 Invoice 10/22/98 Total: 16,767.95 16,767.95 11864 Public Employees Retirement As 10/22/1998 R 456 6 100-2012 PERA payable Public Employees Retirement Ass 9,308.58 210-2012 PERA payable Public Employees Retirement Ass 55.54 . 230-2012 PERA payable Public Employees Retirement Ass 24.62 240-2012 PERA payable Public Employees Retirement Ass 6.52 250-2012 PERA payable Public Employees Retirement Ass 102.64 700-2012 PERA payable Public Employees Retirement Ass 353.02 730-2012 PERA payable Public Employees Retirement Ass 838.02 750-2012 PERA payable Public Employees Retirement Ass 1,133.05 Invoice 10/22/98 Total: 11,821.99 11,821.99 11865 Ramsey County Child Support 10/22/1998 R 456 7 100-2006 Misc. payroll withholdings Child Support for 10/22/98 690.90 Invoice 10/22/98 Total: 690.90 690.90 11866 Sunrise United Methodist Churc 10/22/1998 R 456 8 100-2006 Misc. payroll withholdings Sunrise for October 14.00 Invoice 10/22/98 Total: 14.00 14.00 11867 Western Bank 10/22/1998 R 456 9 100-2006 Misc. payroll withholdings Savings for 10/22/98 120.00 Invoice 10/22/98 Total: 120.00 120.00 38,186.66* Date: 10/22/1998 Time: 10:19:27 City of Mounds View Operator: Marge Norquist Page: 3 FM Entry - Invoice Cash Disbursement Journal Account # Description Debit Credit Recap Totals: 100-1010 Cash - Pooled 34,575.87 100-2006 Misc. payroll withholdings 824.90 100-2012 PERA payable 9,462.82 100-2013 Deferred comp payable 4,143.77 100-2014 Accrued insurance payable 16,635.72 100-3280 Building surcharge 3,189.08 100-3281 Fixed fee building surcharge 8.64 100-3283 HVAC surcharge 19.20 100-3284 Plumbing surcharge 10.08 • 100-3286 Sewer & water surchage 8.16 100-4140-1140 Miscellaneous office supplies 18.45 100-4160-1140 Miscellaneous office supplies 33.94 100-4160-3030 Other professional services 9.22 100-4160-3100 Telephone 6.35 100-4200-0400 Health insurance - employer contribution 156.23 100-4350-1600 Operating supplies 7.52 100-4460-1600 Operating supplies 17.89 100-4470-3630 Training & conferences 9.62 100-4472-3630 Training & conferences 14.28 Totals: 34,575.87* 34,575.87* 210-1010 Cash - Pooled 55.54 210-2012 PERA payable 55.54 Totals: 55.54* 55.54* 230-1010 Cash - Pooled 1,042.61 230-2012 PERA payable 24.62 230-4650-3630 Training & conferences 17.99 230-4650-7050 Construction 1,000.00 Totals: 1,042.61* 1,042.61* 240-1010 Cash - Pooled 6.52 240-2012 PERA payable 6.52 Totals: 6.52* 6.52* 250-1010 Cash - Pooled 138.45 250-2012 PERA payable 102.64 250-4351-1600 Operating supplies 13.81 250-4352-1600 Operating supplies 22.00 Totals: 138.45* 138.45* 252-1010 Cash - Pooled 13.58 252-4350-1600 Operating supplies 13.58 Totals: 13.58* 13.58* 700-1010 Cash - Pooled 363.02 700-2012 PERA payable 353.02 700-4823-3630 Training & conferences 10.00 Totals: 363.02* 363.02* 730-1010 Cash - Pooled 858.02 730-2012 PERA payable 838.02 730-4823-3630 Training & conferences 20.00 Totals: 858.02* 858.02* • Date: 10/22/1998 Time: 10:19:27 City of Mounds View Operator: Marge Norquist Page: 4 FM Entry - Invoice Cash Disbursement Journal Account # Description Debit Credit 750-1010 Cash - Pooled 1,133.05 750-2012 PERA payable 1,133.05 Totals: 1,133.05* 1,133.05* Grand Totals: 38,186.66* 38,186.66* Control Acct: 100-1910 Revenue Summary 3,235.16 100-2450 Expenditure Summary 273.50 230-2450 Expenditure Summary 1,017.99 250-2450 Expenditure Summary 35.81 252-2450 Expenditure Summary 13.58 700-2450 Expenditure Summary 10.00 730-2450 Expenditure Summary 20.00 Grand Totals: 4,606.04* .00* Date: 10/21/1998 Time: 16:36:14 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 #: (L) 455, 458 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 11875 Able Hose & Rubber, In Cam & Groove, Band/Clamp 4417 23.37 Total for Vndr Able Hose & Bubb 23.37* 11878 AmeriPride Linen & App Floor Mats 4160 213.58 Total for Vndr AmeriPride Linen 213.58* 11876 Anchor Paper Co. Chinet Plates, Kleenex, 4460 198.79 Total for Vndr Anchor Paper Co. 198.79* 11877 Antec Corporation Install Bearings 4823 83.32 Total for Vndr Antec Corporatio 83.32* 11874 B.I.G. of Forest Lake, Meter Refund 90.00 Total for Vndr B.I.G. of Forest 90.00* 11880 Bacon's Electric Install Man.Tranf.Sw.-P1 4823 1,736.75 Total for Vndr Bacon's Electric 1,736.75* 11881 Batteries Plus Batteries 4823 127.60 Total for Vndr Batteries Plus 127.60* 11882 Beisswengers Bar 20" 4900 53.24 11882 Beisswengers Brushes 4360 12.76 11882 Beisswengers Bulbs, Wax Rings 4360 18.22 11882 Beisswengers Chain Saw 4900 545.37 11882 Beisswengers Chain Saw Chain 4900 20.02 11882 Beisswengers Chip Brushes, Mask.Tape, 4823 27.05 11882 Beisswengers Equipment Repair 4460 40.21 11882 Beisswengers Flapper 3 Way 4360 3.39 11882 Beisswengers Key House/Lock, Jean Key 4360 29.50 11882 Beisswengers Nylon Rope 4823 13.62 11882 Beisswengers Paint, Paint Trays, Cove 4360 100.17 11882 Beisswengers Paint, Wire Brush, Emery 4465 34.62 11882 Beisswengers Patch Pail, White Elong. 4470 38.43 11882 Beisswengers Pewter Gray Spray 4472 14.03 11882 Beisswengers Roller Cover, Latex Pain 4460 89.40 Date: 10/21/1998 Time: 16:36:14 Operator: Marge Norquist Page: 2 City of Mounds View ' FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11882 Beisswengers S Hooks 4360 26.71 11882 Beisswengers Screws, Bolts, Nuts 4360 11.18 11882 Beisswengers Spark Plug 4823 3.18 11882 Beisswengers Vinyl Patch Pail 4470 11.28 Total for Vndr Beisswengers 1,092.38* 11883 Biffs, Inc. 4360 -16.32 11883 Biffs, Inc. Bridges Golf Course 4900 146.50 11883 Biffs, Inc. City Hall Park 4360 65.26 11883 Biffs, Inc. Greenfield Park 4360 65.26 11883 Biffs, Inc. Groveland Park 4360 57.26 11883 Biffs, Inc. Hillview Park 4360 65.26 11883 Biffs, Inc. Lakeside Park 4350 65.26 11883 Biffs, Inc. Lambert Park 4360 65.26 11883 Biffs, Inc. Oakwood Park 4360 65.26 11883 Biffs, Inc. Silver View Park 4360 65.26 Total for Vndr Biffs, Inc. 644.26* 11885 Boulder Fabricators, I HPO Blanks 4465 31.95 Total for Vndr Boulder Fabricat 31.95* 11886 Braun Intertec Corpora Maint.Agreement to 06/01 4470 1,500.00 Total for Vndr Braun Intertec C 1,500.00* 11887 Brighton Veterinary Ho 3-8 yd. lds. Pul.Dirt 4360 207.69 Total for Vndr Brighton Veterin 207.69* 11888 Bumper to Bumper Filters 4465 45.11 Total for Vndr Bumper to Bumper 45.11* 11889 Career Track, Inc. Seminar-Grammar & Proofr 4200 79.00 Total for Vndr Career Track, In 79.00* 11890 Cellular Sales & Servi Charging Car Cord 4200 25.30 Total for Vndr Cellular Sales & 25.30* 11869 Chris Sandberg Class Refund 10.00 Total for Vndr Chris Sandberg 10.00* 11884 City of Blaine 8290 Coral Sea St. N.E. 4901 60.08 Total for Vndr City of Blaine 60.08* 11956 City of St. Paul Asphalt Mix 4470 93.44 Total for Vndr City of St. Paul 93.44* 11891 Commonwealth Land Titl Community Center-Phase I 4650 215,171.84 Total for Vndr Commonwealth Lan 215,171.84* 11892 Community Partners, In Hotel Project 560.20 Total for Vndr Community Partne 560.20* Date: 10/21/1998 Time: 16:36:14 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11893 Computer Management Se Computer equipment, Trai 4820 6,439.30 Total for Vndr Computer Managem 6,439.30* 11894 ConAgra, Inc. Calendars 4160 28.00 Total for Vndr ConAgra, Inc. 28.00* 11895 Cottens, Inc. Bits 4823 20.74 11895 Cottens, Inc. Bulbs 4823 33.33 Total for Vndr Cottens, Inc. 54.07* 11896 Crysteel Dist., Inc. Bolt - Wing Pivot 4472 56.45 Total for Vndr Crysteel Dist., 56.45* 11897 D. C. A. Inc. Flex Spending Acct. 4160 158.10 Total for Vndr D. C. A. Inc. 158.10* 11868 Darrell Gross Meter Refund 40.00 Total for Vndr Darrell Gross 40.00* 11913 David Hix Record.Planning Mtg.10/0 4180 30.00 Total for Vndr David Hix 30.00* 11879 Earl F. Andersen & Ass 7' #2 Channel Post 4475 209.81 Total for Vndr Earl F. Andersen 209.81* 11899 Elan Financial Service Visa Business Card 4160 3,260.44 Total for Vndr Elan Financial S 3,260.44* 11873 Elvira Wold Meter Refund 30.00 Total for Vndr Elvira Wold 30.00* • 11900 Etonic Worldwide Corp. Golf Merchandise 4901 52.46 Total for Vndr Etonic Worldwide 52.46* 11901 Five D Limited Gasoline 4200 516.50 Total for Vndr Five D Limited 516.50* 11902 Four by Four Service Alignment 4465 30.00 Total for Vndr Four by Four Ser 30.00* 11903 Fricke & Sons Sod 4900 230.71 Total for Vndr Fricke & Sons 230.71* 11904 Friendly Chevrolet GEO 4462 -50.91 11904 Friendly Chevrolet GEO Cover 4465 .47 11904 Friendly Chevrolet GEO Key Curtis 4823 12.08 11904 Friendly Chevrolet GEO Thermostat, Cover 4465 20.28 11904 Friendly Chevrolet GEO Valve Assembly 4462 96.04 Total for Vndr Friendly Chevrol 77.96* Date: 10/21/1998 Time: 16:36:14 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11905 G E Capital Computer Part 4160 29.82 11905 G E Capital Computer Parts 4160 42.60 Total for Vndr G E Capital 72.42* 11920 Gary Kardell Boot reimbursement-remai 4470 30.00 Total for Vndr Gary Kardell 30.00* 11906 Gopher State One-Call, 61 Calls 4823 106.75 Total for Vndr Gopher State One 106.75* 11908 Graybar Electric Compa 3M Bridge Connectors, Sp 4823 119.35 Total for Vndr Graybar Electric 119.35* 11909 Green Tree Vendor Sery Lease Payment 4823 153.28 Total for Vndr Green Tree Vendo 153.28* 11910 Greenman Technologies Truck Tires 4460 11.40 Total for Vndr Greenman Technol 11.40* 11928 Herbert Lundeen Igniters, Preheat Kit 4460 118.32 Total for Vndr Herbert Lundeen 118.32* 11912 Hisdahl, Inc. Hole-In-One awards 45.00 Total for Vndr Hisdahl, Inc. 45.00* 11914 Hoisington Koegler Gro Project 98-7-Hwy. 10 4650 1,129.86 Total for Vndr Hoisington Koegl 1,129.86* 11915 Home Depot Commercial Hardware 4900 13.10 Total for Vndr Home Depot Comme 13.10* 11916 Hornungs Pro Golf Sale Golf Merchandise 4901 132.30 Total for Vndr Hornungs Pro Gol 132.30* 11917 Hydraulic Specialty Co Nipple, Coupling, Hose 4475 23.13 Total for Vndr Hydraulic Specia 23.13* 11918 Industrial Door Co. Treadle Hose, Wood Stop 4460 79.36 Total for Vndr Industrial Door 79.36* 11919 Innovative Images Bridges Bits preparation 4901 60.00 Total for Vndr Innovative Image 60.00* 11921 Kath Fuel Oil Service Oil 4900 45.75 Total for Vndr Kath Fuel Oil Se 45.75* 11922 Kennedy & Graven Administration matters 4160 2,235.19 11922 Kennedy & Graven Building Code Enforcemen 4160 20.00 11922 Kennedy & Graven General Zoning matters 4160 284.00 Total for Vndr Kennedy & Graven 2,539.19* Date: 10/21/1998 Time: 16:36:14 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11962 Larry Siluk Expense Reimbursement 4200 244.22 Total for Vndr Larry Siluk 244.22* 11925 League of Minnesota Ci Insurance Claim 4160 449.00 11924 League of Minnesota Ci Workers' Comp. 4360 3,898.41 Total for Vndr League of Minnes 4,347.41* 11926 Lesco, Inc. Fertilizer 4900 5,112.00 Total for Vndr Lesco, Inc. 5,112.00* 11927 Lightning Printing Bridges Bits Printing 4901 128.02 Total for Vndr Lightning Printi 128.02* 11930 M R Sign Signs 4360 165.89 Total for Vndr M R Sign 165.89* 11929 M.A.S.L.A. Traffic Calming seminar 4180 45.00 Total for Vndr M.A.S.L.A. 45.00* 11931 M.T.I. Distributing Co 4900 -119.02 11931 M.T.I. Distributing Co Arm Bolt, Lift Arm Bolt, 4900 139.74 11931 M.T.I. Distributing Co Gasket, Screw-Hex 4900 11.49 11931 M.T.I. Distributing Co Spklr. W/Pla 4360 146.57 Total for Vndr M.T.I. Distribut 178.78* 11870 Marvin Agre Meter Refund 30.00 Total for Vndr Marvin Agre 30.00* 11932 Matco Tools Tool 4462 16.99 Total for Vndr Matco Tools 16.99* 11951 Matt Parrott & Sons Co Utility Bill Printing 4820 445.80 Total for Vndr Matt Parrott & S 445.80* . 11933 Menards Lumber, Nails, Clampligh 4900 131.14 11933 Menards Zinc Bolts 4900 8.99 Total for Vndr Menards 140.13* 11934 Mermaid Bridges Golf Course Banq 4900 2,988.54 Total for Vndr Mermaid 2,988.54* 11935 Metro Council Environm Sewer service 4823 64,365.66 Total for Vndr Metro Council En 64,365.66* 11936 Midwest Asphalt Corpor Asphalt 4823 382.77 Total for Vndr Midwest Asphalt 382.77* 11937 Midwest Specialty Sale Bronze Bushing 4360 35.10 11937 Midwest Specialty Sale Pivot Pin, Bushings, Spr 4360 117.49 Total for Vndr Midwest Specialt 152.59* Date: 10/21/1998 Time: 16:36:14 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11872 Mike Schnur Expense reimbursement 4826 39.97 Total for Vndr Mike Schnur 39.97* 11938 Minncor Central Office Furniture 4180 1,617.55 Total for Vndr Minncor Central 1,617.55* 11939 Minnesota Assn.of Govt Membership, Conference 4160 85.00 Total for Vndr Minnesota Assn.o 85.00* 11940 Minnesota Department o Fuel License Renewal 4460 25.00 Total for Vndr Minnesota Depart 25.00* 11941 Minnesota Golf Cars, I Leaf Spring, Spindle Ass 4900 244.76 Total for Vndr Minnesota Golf C 244.76* 11942 Minnesota Recreation & Conference Package 4350 250.00 Total for Vndr Minnesota Recrea 250.00* 11943 Mita Financial Service Copier Payment 4200 102.99 Total for Vndr Mita Financial S 102.99* 11944 N.E.P. Corporation Vehicle Parts 4823 410.09 Total for Vndr N.E.P. Corporati 410.09* 11945 Nike, Inc. Golf Merchandise 4901 93.65 Total for Vndr Nike, Inc. 93.65* 11946 North Country Ford Cable 4465 8.63 Total for Vndr North Country Fo 8.63* 11947 North Star Turf, Inc. 4900 -3.15 11947 North Star Turf, Inc. Filters, Daconil Weather 4900 670.31 11947 North Star Turf, Inc. Mount Assy. 4360 148.57 11947 North Star Turf, Inc. Staples 4900 373.82 Total for Vndr North Star Turf, 1,189.55* 11948 Northern Hydraulics, I Hammer, Paint Brushes 4472 26.54 Total for Vndr Northern Hydraul 26.54* 11949 Northern States Power 1699 E 79th St-Beach Hou 4350 115.32 11949 Northern States Power 2401 Highway 10 4416 4,081.32 11949 Northern States Power 5214 Long Lake Rd. 4360 49.21 11949 Northern States Power 8290 Coral Sea St. 4902 364.28 11949 Northern States Power 8290 Coral Sea St.-Sign 4901 22.95 11949 Northern States Power Clubhouse-Golf Course 4901 410.36 11949 Northern States Power Irrigation Pump-Golf Cou 4900 559.38 11949 Northern States Power Maint. & Clubhouse 4901 107.32 11858 Northern States Power Relocate Pole-Community 4650 2,954.00 Total for Vndr Northern States 8,664.14* Date: 10/21/1998 Time: 16:36:14 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11950 Office Max Credit Plan Office Supplies 4180 94.67 Total for Vndr Office Max Credi 94.67* 11952 Phillips 66 Company Gasoline 4200 604.84 Total for Vndr Phillips 66 Comp 604.84* 11953 Pugsley's Sandwiches, Muffins 4901 32.40 Total for Vndr Pugsley's Sandwi 32.40* 11954 Ramsey County City Street Painting 4470 5,722.52 11954 Ramsey County Filing Fees 4180 32.50 11954 Ramsey County Postal Verification Card 4140 1,530.24 11954 Ramsey County Radio Service - 3rd Qtr. 4200 16,472.60 Total for Vndr Ramsey County 23,757.86* 11871 Robert Lammi CUP Application Deposit 75.00 Total for Vndr Robert Lammi 75.00* 11955 S.R.E. Security Alarm Alarm Monitor-Golf Cours 4901 191.70 Total for Vndr S.R.E. Security 191.70* 11957 Sam's Club Membership Fees 4460 45.00 Total for Vndr Sam's Club 45.00* 11958 Serco Labs Bacteria Testing 4825 77.00 Total for Vndr Serco Labs 77.00* 11959 Sheshunoff Information Publication-Local Govt.M 4160 300.75 Total for Vndr Sheshunoff Infor 300.75* 11960 Short-Elliott & Hendri Utility testing-Silvervi 4180 704.70 Total for Vndr Short-Elliott & 704.70* 11961 Shred-It Shreddint 4200 49.95 Total for Vndr Shred-It 49.95* 11963 Snyders Film Processing 4180 13.79 Total for Vndr Snyders 13.79* 11964 Spalding Golf Merchandise 4901 402.50 Total for Vndr Spalding 402.50* 11965 Spring Lake Park Fire Fire Inspection Service- 4650 822.50 Total for Vndr Spring Lake Park 822.50* 11966 Star Tribune Parks & Rec Ad 4350 208.25 Total for Vndr Star Tribune 208.25* 11967 Surplus Services File Cabinet, Stand 4470 30.00 Total for Vndr Surplus Services 30.00* Date: 10/21/1998 Time: 16:36:15 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check 4 Vendor Alpha Name Description All Amount 11968 Sysco Food Services of Chips, Candy 4901 36.82 Total for Vndr Sysco Food Servi 36.82* 11969 Toll Gas & Welding Sup Acetylene 4823 63.31 Total for Vndr Toll Gas & Weldi 63.31* 11970 Top Notch Tree Care Oak Wilt prevention 4380 276.90 Total for Vndr Top Notch Tree C 276.90* 11971 U. S. Filter/Waterpro Gate Valves, Sleeves, Ga 4823 1,214.56 Total for Vndr U. S. Filter/Wat 1,214.56* 11972 U. S. West 717-7343 4360 42.42 11972 U. S. West 780-7950 4901 76.58 11972 U. S. West E07-1580 4823 164.86 11972 U. S. West E07-5356 4160 117.13 11972 U. S. West E07-7384 4200 82.31 11972 U. S. West E23-4126 4823 31.55 Total for Vndr U. S. West 514.85* 11973 U. S. West Communicate 780-1908 4360 20.87 Total for Vndr U. S. West Commu 20.87* 11974 Unitog Rental Services Uniform Rental 4900 530.15 Total for Vndr Unitog Rental Se 530.15* 11975 Voss Lighting Light Bulbs 4360 19.78 Total for Vndr Voss Lighting 19.78* 11907 W. W. Grainger Masking Tape 4475 19.94 11907 W. W. Grainger Orange Spray Paint 4475 47.93 11907 W. W. Grainger Shelving, Particleboard 4900 89.31 11907 W. W. Grainger T-Handle Hex Key Set, St 4823 51.79 Total for Vndr W. W. Grainger 208.97* 11976 West Group Criminal Law 1999 4200 235.37 Total for Vndr West Group 235.37* 11977 West Weld Blade 4472 243.96 Total for Vndr West Weld 243.96* 11911 William Hanggi Steeltoe Boots 4823 65.00 Total for Vndr William Hanggi 65.00* 11978 Wold Architects & Engi Architectural & Engineer 4160 574.24 Total for Vndr Wold Architects 574.24* 11979 Zacks Industrial Cleaner 4462 572.70 Total for Vndr Zacks 572.70* Date: 10/21/1998 Time: 16:36:15 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 11980 Zeager Hardwood Woodcarpet 4360 890.00 Total for Vndr Zeager Hardwood 890.00* Grand Total 362,267.73* Item No. 7A 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, Chuck Whiting Item Title/Subject: Anoka County Fire Dispatching Services Contract Date of Report: October 23, 1998 Anoka County is requiring that the City pay for fire dispatching, or service will be discontinued after January 1. The formula for payment would require the City to pay $2,766 for dispatching services. This is a reasonable amount to pay for continuity of good service that the City has received, instead of approaching a new organization to begin work with the City. Staff Recommendation: Approve Resolution No. 5275 Anoka County Fire Dispatching Services RESOLUTION NO. 5275 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING ANOKA COUNTY FIRE DISPATCHING SERVICES WHEREAS,the Spring Lake Park-Blaine-Mounds View Fire Department, which provides firefighting services to the Cities of Spring Lake Park, Blaine, and Mounds View,wishes to receive fire dispatching services from Anoka County Central Communications Unit for its fire calls in the City of Mounds View; and WHEREAS,the City of Mounds View wished to receive fire dispatching services from Anoka County Central Communications Unit; and WHEREAS,Anoka County,through its Central Communications Unit, agrees to provide fire dispatching services within Mounds View; and WHEREAS,the mutually agreeable terms have been laid out in the attached Contract No. 980159. NOW THEREFORE, BE IT RESOLVED THAT the attached contract is hereby approved, and accurately reflects the agreed to terms by the City of Mounds View for fire dispatching services from Anoka County. Adopted this day of October, 1998 ATTEST Mayor Duane McCarty (SEAL) Mike Ulrich, Acting City Administrator COUNTY OF ANOKA CENTRAL COMMUNICATIONS - 911 COURTHOUSE • 325 East Main Street • Anoka, MN 55303 (612) 323-5820 • Fax (612) 422-7504 Oct 8, 1998 Mr. Charles Whiting, City Administrator City of Moundsview 2401 Highway 10 Moundsview, MN 55112 Dear Mr. Whiting, Enclosed is a signature ready copy of the agreement for fire dispatching services that we have discussed. Please obtain the necessary signatures, and return the original to me. I will obtain county signatures, and return a copy of the executed agreement to you. You had requested clarification on the cost formula. Costs are calculated as follows; % of total calls for service that are fire calls, multiplied by Total Anoka County dispatch center operating budget, divided by %of total population served by the dispatch center that represents the city. Using 1997 as a hypothetical example, %of all calls that Anoka County dispatched that were fire calls -3.32% 1997 Central Communications operating budget-$1,847,095 Amount of operating budget that represents fire dispatching -$61,323 % of total population that represents Mouncisview-4.51% 4.51% (Moundsview share) of the fire dispatch budget=$2,766 (1997) Thanks for your assistance with this process. If you or your city officials have additional questions regarding the agreement, please contact me. ' Sincerely, John Tonding Communications Manager "emergency dispatching for Sheriff, Police and Fire departments in Anoka County" Affirmative Action / Equal Opportunity Employer • Anoka County Contract No. 9S v 1 S AGREEMENT FOR FIRE DISPATCHING SERVICES This Agreement is made and entered into by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Mounds View, 2401 Highway 10, Mounds View, Minnesota 55112, hereinafter referred to as the "Municipality." • WHEREAS, the Spring Lake Park-Blaine-Mounds View Fire Department, which provides firefighting services to the Cities of Spring Lake Park, Blaine, and Mounds View, wishes to receive fire dispatching services from Anoka County Central Communications Unit for its fire calls in the City of Mounds View; and WHEREAS, the Municipality wishes to receive fire dispatching services from Anoka County Central Communications Unit; and WHEREAS, the Municipality wishes to purchase these fire dispatching services from the County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: I. PURPOSE The County, through its Central Communications Unit, agrees to provide fire dispatching services within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. TERM This Agreement applies to all fire dispatching services provided by the County commencing January 1, 1998. This Agreement shall continue in effect until terminated or amended. III. SERVICES The Municipality agrees to purchase and the County agrees to furnish the following services for the Spring Lake Park-Blaine-Mounds View Fire Department: Fire Dispatching Services forte Municipality which shall consist of activating radio pagers, verbally dispatching the fire calls by radio, and tracking the activities of the personnel and units responding to the fire calls. IV. COMPENSATION A. Fire Dispatching Services The annual compensation payable to the County for the fire dispatching services shall be determined in January of each year by the following formula: Central Communications Percentage of Operating Budget for Central Previous Year Communications Population of X Total Calls for X Municipality Previous Year That Population of Were Fire Municipality and Dispatching Calls Anoka County The population figures used in the compensation formula shall be the most recent population estimates for the Municipality and Anoka County available from the Metropolitan Council. In the event the fire dispatching services are provided for a fraction of a year, the compensation formula shall be prorated to reflect the fraction of the year that the fire dispatching services were performed. B. Data Entry Services The Municipality shall compensate the County for the cost of creating and entering into the computer dispatching system any additional geographical data base information for the Municipality that was not in existence at the date this Agreement is signed. The rate of compensation referred to in this paragraph shall be the gross hourly salary(including overtime,if applicable)of the employee or employees performing the data entry services. V. BILLING AND PAYMENT Payment for services shall be made upon the presentation of billing statements to the Municipality. The County shall compute in January of each year the amount due for services provided the previous year and shall bill the Municipality accordingly. The Municipality shall make payment to the County within thirty (30) days of its receipt of the billing statement or make reasonable arrangements for payment acceptable to the County. - 2 - VI. DUTIES OF PARTIES The County shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Agreement. The Municipality shall have all reasonable and necessary cooperation and assistance from the County, its officers, agents, and employees, so as to facilitate the performance of this Agreement. VII. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries, or sickness resulting from the acts or omissions of the respective offices, agents, or employees, relating to the activities conducted by either party under this Agreement. VIII. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners'policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. IX. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. X. TERMINATION This Agreement may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. - 3 - , XI. NOTICE For purposes of delivering any notices hereunder, notice shall be effective if delivered to Anoka County Central Communications, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County; and to the City Manager of the City of Mounds View, 2401 Highway 10, Mounds View, Minnesota 55112, on behalf of the Municipality. IN WITNESS WHEREOF, the Municipality, by resolution duly adopted by its governing body, has caused this Agreement to be signed by its Mayor and attested by its Clerk, and the County, by resolution of the County Board of Commissioners, has caused this Agreement to be signed by the Chairman of the County Board of Commissioners, attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA CITY OF MOUNDS VIEW By: By: Dan Erhart, Chairman County Board of Commissioners Its: Mayor Dated: Dated: ATTEST By: By: John "Jay' Mclinden County Administrator Its: City Clerk Dated: Dated: APPROVED AS TO FORM By: Robert D. Goodell Assistant County Attorney Dated: rdg\contracts\mndsview.agr - 4 - Item No. 116 Staff Report No. Meeting Date: 10/26/98 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 Members From: Rick Jopke, Community Development Director Item Title/Subject: TOLD Development Co. Offer to Purchase City Owned Property. Date of Report: October 21, 1998 Background: When Edgewood Drive is relocated in the spring of 1999, a 1 1/2 acre remnant site will be created which could be developed. Also in the area is the Midland Videen property. It is located south of the Community Center property and east of Edgewood Drive. The property is approximately 9.4 acres in size. A wetland occupies a major portion of the property. There is approximately 1 1/2 acres at the southwest corner of the site that is developable. Because the two sites would be contiguous it makes sense to market them together to get the best development. The Midland Videen site also offers an opportunity to solve some parking and wetland mitigation problems on the adjacent Community Center site. In June of 1998 the City Council authorized staff(Resolution 5246) to enter into an option agreement to purchase the Midland Videen property and to send out a Request for Proposals (RFP)to seek unified well planned development on the parcels. An option agreement was drafted and given to a representative of the Midland Videen property owner. The option agreement has never been agreed to or signed by either the owner of the Midland Videen property or the City. Initially the City was waiting for final agreements on the theater property to insure that Edgewood Drive would be realigned and the remnant parcel created. The City is also proceeding with another alternative to solve the parking and wetland mitigation problem at the Community Center. The owner of the Midland Videen property has also been negotiating with other interested parties. City staff has drafted an RFP but has not sent it out because we do not control the Midland Videen property,the final plans for the realignment of Edgewood Drive have not been completed, and the exact size and configuration of the remnant parcel has not been determined. The City has recently received the attached Offer to Purchase the remnant parcel from TOLD Development Co. for $350,000. TOLD has a signed letter of intent to purchase the Midland Videen property. TOLD has not provided details at this time about how they would develop the properties. Bob Cunningham from TOLD Development Co. will be present at the Council meeting on Monday to discuss the project with the City Council. City of Mounds View Staff Report October 21, 1998 Page 2 The City owned remnant site is currently guided for CC Civic Center uses by the City's Comprehensive Plan and is zoned PF Public Facilities. The Midland Videen property is currently guided as MD Medium Density Residential by the Comprehensive Plan and is zoned B-3 Highway Business. A Comprehensive Plan amendment and rezoning of the city-owned remnant would be required if the site is to be developed for commercial uses. A Comprehensive Plan amendment for the Midland Videen property would also be required. Depending on the use of the property and the design and location of the building(s) on the site, additional City development approvals may also be required. Recommendation: Staff recommends that the City Council authorize staff to prepare a Preliminary Negotiations Agreement to grant TOLD Development Co. Exclusive development rights for the city-owned remnant parcel for a period of 180 days. During this 180 day period review and hearings of any required comprehensive plan amendments, rezoning or other required City approvals could occur and a purchase agreement in accordance with the terms outlined in the attached Offer to Purchase could occur. A draft Preliminary Negotiations Agreement will be presented for City Council consideration at a future meeting. ) „ c j7 Rick Jopke, Community Development Director N:\DATA\USERS\RICKJO\SHARE\102698.RPT TOLD DEVELOPMENT COMPANY October 12, 1998 Mayor Duane McCarty City Council Members City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Re: Offer to Purchase Property Mounds View Dear Mayor McCarty and City Council Members: I am pleased to present to you this Offer to Purchase the parcel described herein under the following terms and conditions: BUYER: Meridian Properties Real Estate Development LLC (d/b/a TOLD Development Company), its successors and assigns. SELLER: City of Mounds View. SITE: The site totals approximately 63,000 square feet located at the corner of Edgewood Drive and Highway 10, Mounds View, Minnesota. Site is that area south of the to-be-relocated Edgewood Drive, and is highlighted on the enclosed site plan. SITE CONDITION &INFORMATION: Seller will provide copies of all information relating to the site from Seller's files including but not limited to surveys, soil conditions, environmental reports, plans for buildings, specifications, and geotechnical information. Additionally, Seller will provide Buyer with copies of all agreements with governmental authorities, easements or other agreements that will affect or encumber the property before or after a Closing. PURCHASE PRICE: Buyer agrees to pay the Purchase Price of Three Hundred Fifty Thousand and NO/100 dollars ($350,000.00). MINNEAPOLIS • MILWAUKEE WEDGWOOD COMMERCE CENTRE • 6900 Wedgwood Road, Suite 100,Maple Grove, MN 55311 •(612)420.9000 Fax(612)420.7574 Mayor Duane McCarty City Council Members October 12, 1998 Page 2 PURCHASE AGREEMENT: Buyer and Seller will enter into a Purchase Agreement within ten(10)days of acceptance of this Letter of Intent by Seller as proposed by Purchaser. Buyer shall prepare Purchase Agreement. Purchase Agreement shall be in a form substantially similar to that dated October 13, 1997 between the parties. SPECIAL ASSESSMENT: Seller will pay all levied or pending Special Assessments or other levies prior to closing. DUE DILIGENCE PERIOD: Buyer shall have one hundred eighty (180) days from the execution of a mutually acceptable Purchase Agreement to cancel the Purchase Agreement due to the following: 1.) Buyer shall have been able to obtain all necessary governmental approvals and permits with regard to all applicable environmental, construction,zoning, platting,signage,subdivision,lot split,D.O.T access and turn lane agreements and other land use laws, ordinances and regulations and codes for the construction and use ofthe Property(and adjacent property)as Buyer intends. 2.) Buyer shall have been able to determine that all necessary utilities, including, but not limited to, natural gas, sanitary sewer, storm sewer and water, are located at the property line and are of adequate capacity to serve the development of the Property contemplated by the Buyer. 3.) Buyer shall have been able to conduct such soil tests, environmental assessments or other tests or investigations as are consistent with its interest hereunder, the results of which shall be acceptable to Buyer in its sole discretion. 4.) Buyer shall have been able to determine the costs of the site for new construction and the feasibility of the proposed project based upon said costs and said costs are acceptable to Buyer in its sole judgement. 5.) Buyer shall have been able to make application to applicable governmental units and/or quasi-governmental entities and to obtain any and all governmental or quasi-governmental aid or subsidies necessary, in Buyer's sole judgement, for development of the Property in an economically feasible manner. Mayor Duane McCarty City Council Members October 12, 1998 Page 3 6.) Buyer shall have been able to enter into a net lease agreement with an anchor tenant of its choice on terms and conditions acceptable to Buyer in its sole discretion. 7.) Buyer shall have been able to obtain financing for the project on terms and conditions acceptable to Buyer in its sole discretion. 8.) Buyer shall have entered into binding purchase agreements with the owners of certain adjacent property and can simultaneously close on the purchase of the Property and said adjacent parcels. 9.) Buyer shall have agreed to the form of quit claim deed to be given by the Seller, which quit claim deed, Buyer agrees, shall contain restrictions which run with the land which prohibit the use ofthe Property as an adult bookstore, adult movie theater,or massage parlor in each case whose business is the sale, rental or promotion of sexually explicit material acts or entertainment and to which admission is restricted due to age. 10.) In the event Buyer fails to receive approval of the development of the Property at a public hearing, this Agreement may be terminated by either Seller or Buyer. Buyer shall deposit Earnest Money in the form of cash or irrevocable letter of credit in the amount of Ten Thousand and NO/100 dollars ($10,000) in an escrow account with Old Republic Title Insurance Company. Earnest Money shall be refundable if Purchaser cancels the Purchase Agreement during Due Diligence Period and any Extension. EXTENSION: Upon the expiration of the Due Diligence Period, provided Buyer has not closed or terminated the Purchase Agreement,Purchaser may extend the Due Diligence Period for three (2) periods of ninety (90) days by depositing additional Earnest Money in the form of cash or irrevocable letter of credit, in the amount of Five Thousand and NO/100 dollars ($5,000) in an escrow account. The Additional Earnest Money shall be non-refundable, but applicable to the purchase price. CLOSING: Closing will occur within thirty (30) days of expiration of Due Diligence Period and Extension, but not earlier than the vacation of present Edgwood Drive and reconstruction of Edgewood Drive to the permanent location. BROKER: Buyer shall be responsible for compensating Terry Moses in connection with this proposed sale. Mayor Duane McCarty City Council Members October 12, 1998 Page 4 This is a Letter of Intent and shall not bind either party. Please return a signed original of this Letter of Intent by November 11, 1998, at which time this offer shall expire. Thank you in advance for your consideration. Very truly yours, MERIDIAN PROPERTIES REAL ESTATE DEVELOPMET LLC, a Minnesota limited liability compa • 'I- OLD Development Company) By: MR A Robert . Cunningham Its: Vice President -Developm- t AGREED TO AND ACCEPTED THIS DAY OF 1998. SELLER: RHC:cst By: Its: h:\bobvmounds view\mccarty-otp-1012 , \ 1 II • •Ji 1 11400010as QBE I . V: — i es I MY MILL 1 i }� , f I ' - k'',......----.. . / i �` 111'1 I1• 1 N. oi. • • • ‘ • tr• %C t ..+..-1 b•\.....3 ..• f • ) ., ''::::N. • „Nisk i I • .._. • 4 • t N•. ••. • j •,t `` i • ••`• r` `, .1 . •. 14 N RESOLUTION NO. 5246 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING STAFF TO ENTER INTO AN OPTION AGREEMENT TO PURCHASE THE MIDLAND VIDEEN PROPERTY AND TO SEND OUT A REQUEST FOR PROPOSALS TO SOLICIT DEVELOPER INTEREST WHEREAS,the property described as follows commonly known as the Midland Videen property is for sale: Lot 6, Block 5 Pinewood Terrace No. 2 subject to easements and except the north 300 feet more or less lying west of the east 66 feet thereof, and Lots 17 and 18 Pinewood Terrace No. 2. WHEREAS,the above described property is contiguous to the Mounds View Community Center site; and WHEREAS, the above described property would provide an opportunity to replace and mitigate the loss of a wetland do to the need to expand the parking available on on the Community Center site; and, WHEREAS,the above described property would provide an opportunity to provide trails and passive recreational uses which would enhance the adjacent Mounds View Community Center and City Hall sites; and WHEREAS,the City of Mounds View proposes to realign Edgewood Drive to align with the proposed access to theater to create a signalized and safer intersection; and WHEREAS,the City of Mounds View will have a remnant parcel contiguous to the above described property after the realignment of Edgewood Drive; and WHEREAS, it is a goal of the City of Mounds View to facilitate development on the above described property and the City's remnant site to enhance the City's tax base and to provide a quality aesthetic physical environment which enhances the adjacent city hall/ community center complex and enhances the existing wetland on the above described site. NOW, THEREFORE,BE IT RESOLVED that the Mounds View City Council authorizes staff to obtain an option to purchase the above described property and to send out a Request for Proposals to facilitate well planned unified development of the above described property and the city-owned remnant parcel. Adopted this day of , 1998. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator N:\DATA\GROUPS\COMDEV\CITYCOUN\CCRESORD\MID V IDOP.RES c73OC PRELLMLNARY NEGOTIATIONS AGREEMENT THIS AGREEMENT dated this day of 1997 by and between THE CITY OF MOUNDS VIEW, MINNESOTA, a municipal corporation under the laws of Minnesota (the "City") and THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, a body corporate and poli 'c under the laws of Minnesota ("EDA") and ANTHONY PROPERTIES, a Texas corpo tion (the "Developer"): WITNESSETH: WHEREAS, the City and EDA are will' o nsider rehabilitation and development of the existing building and surrounding site currently owned by the City and referred to as the Mounds View Community Center •te (the "Comm 'ty Center Property"); and WHEREAS, the Devel•.er has a oache the City for land immediately adjacent to the Community Center Building an. o othe arcels to undertake a possible development on property identified in Exhibi A (th= "Project"); and WHEREAS, the City ani!D have reviewed the Project and concur that the Developer has been designated to prepare a m• -,.etailed proposal for a Project pursuant to such terms and conditions as may be esta --d by 1. • - negotiations during the term of this Agreement between the parties; and r WHEREAS, the City, : DA and the Developer are willing and desirous to discuss the possible Project, provided that: (a) . eveloper can secure satisfactory private financing sufficient for the completion of a Pro'-"-; and . I. the Ci% and EDA are satisfied that a Project is economically feasible and in the b-- intere - .. = - •lic. NOW, THE• ' '' • , in consideration of the mutual covenants of the parties hereto, IT IS AGREED between th• parties as follows: 1. •g th= term of this Agreement, or any mutually agreed extension thereof, the p•' :es shall •- their best -fforts to attempt to negotiate and formulate a definitive redevelopment c.ntract (h- einafter "R- . -velopment Contract") which shall provide for the development of a P eject . . shall, at a ..• ...um, contain the following: (a) rms and conditions concerning the scope and timing of construction of the project . the Developer and of any public improvements to be constructed in connection with a Project; (b) Provision for reimbursement of actual out-of-pocket costs for a "not to exceed" amount to be mutually agreed upon among the parties, incurred by the City and DJR127914 Mv205-6 EDA in evaluating a Project and carrying out the City's and EDA's obligation under this Agreement; and �> (c) Such other terms and conditions as may be agreed upon by the parties. 2. The Redevelopment Contract, together with any other agreements entered into between the parties hereto contemporaneous therewith, when executed, shall supersede all obligations of the parties hereunder and constitute the tire agreement between the parties hereto. 3. Unless otherwise extended by writte agreement be, een the parties, negotiations hereunder shall continue for a period of ninety (9 days 11. '.g execution hereof. If the Redevelopment Contract for a Project is not satisfa "ly ne. •tiated and executed within the period of this Agreement, as the same may be extende th. obligations of all parties to one another shall terminate and neither • cur any obli 'o. to any other, except as expressly provided herein. 4. During the term . this • greem t, Developer shall: (a) provide to th-\Ci and EDA, within ninety (90) days of the execution of this Agreement,a preliminary • - gn proposal and a cost analysis projection for the design and construction of a .'ect •- • oposal shall show the location, size, and nature of a Project, including ' oor • • • oudine specifications, and other graphic or written explanations of a Proj- t, s • - accompanied by a time schedule for all phases of development, and shall •.ow and be compatible with any public improvements to be constructed adjacent to or part of a Project; (b) and and obtain such other preliminary economic feasibility studies, income and expense p ;'ections, or such other economic information as may be reasonably required by the City and EDA to confirm the economic feasibility and soundness of a Project; (c) *thin ...ety (90) days of execution, submit to the City and EDA for review a Propo • Project financing plan which proposes the Developer's ability to finance a Project; • :d (d) i •sh t• the City and EDA such information or documentation as may be r- ,uired the • and EDA to identify the intended legal entity constituting the D vel•.er, the iden ty of the Developer's principal owners, and the legal relationship of ch •rincipal owne . S. During th= period of this Agreement, the City and EDA shall, concurrently with the Developer's perfo- .ance described in paragraph 4 herein: (a) obtain an estimate of the costs of constructing any associated public improvements necessary to complete a Project; QTK127914 MU205-6 2 (b) develop a financial plan for the payment of associated public improvements, which plan shall document all public costs, projected public revenues, and bond or note financing, if any, including debt service costs, if necessary; 6. Prior to execution of this Agreement, the Developer shall pay to the EDA the sum of Five Thousand Dollars($5,000) (the"Payment") as a deposit toward reimbursing the EDA and City for all costs incurred in preparing the Redevelopment Contract. If, during the term of this Agreement, the parties execute a Redevelopment Contract, the Payment shall be applied against the Developer's obligation under the Redevelopment Contract to pay any legal, consulting and administrative costs incurred by the City and EDA in preparing the Redevelopment Contract. If the parties do not execute a Redevelopment Contract during the term of this Agreement due to actions of the Developer, the full amount of the Payment shall be retained by the EDA as consideration for its costs in preparing this Agreement and undertaking its obligations hereunder and this Payment shall be the maximum amount of the Developer's obligations owed to the City and EDA in the event no Redevelopment Contract is executed. However, if the parties do not execute a Redevelopment Contract during the term of this Agreement due to the actions of the City and EDA, then the Developer shall be refunded any remaining amount of the Payment that has not been applied to costs incurred by the City and EDA. Except as expressly provided herein, the City, EDA and the eveloper shall have no other monetary or other obligation to each other as a result of this Excius e N•go i ations Agreement if they are unable to reach agreement to the terms of an agreed upo Re.-vet pment Contract, or with respect to a Project, except as may be expressly provided in an . . . upon Redevelopment Contract • \i") OM:127914 MUZOS-e 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names on the date first above written. ( • CITY OF MOUNDS VIEW By Its Mayor By Its City Clerk-Administrator MOUNDS VIEW ECONOMIC • DEVELOPMENT AUTHORITY By Its President By Its Executive Director • • This is a signature page to the Preliminary Negotiations Agreement by and among the City of Mounds View, the Mounds View Economic Development Authority, and Anthony Properties. DJX127414 MO205-6 4 Page 10 • June 22, 1998 Mounds View City Council F. Consider Motion Retaining the Monetary Limits on Statutory Tort Limits Established by Minnesota Statutes 466.04 as Recommended by City Attorney Long (Presenter Bruce Kessel, Finance Director). Finance Director Kessel told the Council that the League of Minnesota State Insurance Trust came up with an option for cities so they could waive their statutory limit. Approximately 90-95 percent of all cities have not opted for the waiver. It would cost the City for additional premiums. Attorney Long stated his main concern is that if a great number of cities did start waiving their statutory limit it would set a precedent with the Legislature to raise the cap. MOTION/SECOND: Gunn/Stigney to retain the Monetary Limits on Statutory Tort Limits Established by Minnesota Statutes 466.04 as recommended by the City Attorney. VOTE: Ayes - 4 Nays - 0 Motion carried. G. Authorization to Enter Into an Option to Purchase the Midland Videen Property ad To Send Out a Request for Proposals. Director Jopke gave his presentation as follows: The Midland Videen property is located south of the Community Center property and east of Edgewood Drive. The property is approximately 9.4 acres in size. Of that 9.4 acres 1.5 acres is developable with the remainder being wetland. When Edgewood Drive is realigned, the City will have an additional 1.5 acre site which could be developed. Because the two sites would be contiguous, it would make sense to market them together to get the best development. Staff is recommending that the City maintain what gets developed on the site so that it is compatible with the City Center, City Hall, and the wetland. Staff is recommending that the City either acquire the Midland Videen property outright or acquire an option to purchase the site. The Community Center project is experiencing a problem in that it does not have enough area, because of an existing wetland, to build a parking lot. By purchasing the Midland Videen property and mitigating the Community Center parking lot wetland to that site the problem would be solved. The current asking price for the Midland Videen property is $250,000. A six-month option could be purchased for $20,000. An alternate course of action would be to not purchase or option the Midland Videen Property at 41.2' this time. The City could ask for proposals which include both properties. The RFP could Page 11 June 22, 1998 Mounds View City Council require that developers include in their submittal proof of control of the Midland Videen property and what they would sell the wetland to the City for. A variation of this alternative would be to not require proof of control of the Midland Videen property. The City could select a developer based on the plan submitted, and the land bid for the City-owned parcel. The developer selected would then have to negotiate the purchase of the Midland Videen property and the City would have to negotiate with the developer to purchase the wetland outright or to purchase an easement to allow the City to do the mitigation necessary to solve the Community Center parking problem. Staff recommended that the City Council pass Resolution No. 5246 authorizing staff to enter into an option to purchase the Midland Videen property and to send out the request proposal to solicit developer interest in the developable portion of the Midland Videen property as well as the City- owned parcel created by the realignment of Edgewood Drive. Stigney asked Jopke what the appraised value of the Midland Videen property was. Ulrich stated in 1996 the property had been appraised at $330,000 for the entire parcel. Stigney asked if TIF funds would be used to purchase the property. Whiting stated that would be a logical place to take it from, and the proceeds from the future sale would be put back into that account. If the City chooses to acquire the land and not resell, different accounts might be used. Quick stated if the City decided to purchase the land they would have more latitude in dealing with the wetland mitigation and solving the parking problems for the Community Center. Stigney stated the City has a lot of control over the situation as it sits because they own half of the property being considered. He added, it was his opinion that the City did not need to purchase or option the land. The same would apply for the RFP process. The City owns half of the property and thus, half of the control of the property. "The citizens need to be in on the decision of what happens to property that the City might purchase," he added. Stigney asked if there were other options in regards to the wetland mitigation of property for the Community Center Parking lot. Ulrich told the Council there is a "wetland bank" that has been established in Columbus Township where the City could mitigate wetland for the Community Center parking lot. Cost of this process would be approximately 50 cents per square foot. The City needs to mitigate approximately 4.3 acres, which comes up to 18, 000 square feet, or $9,000. "The parking lot is l very much needed at the Community Center," he added. Page 12 June 22, 1998 Mounds View City Council MOTION/SECOND: Quick/Gunn to approve Resolution No. 5246, a resolution approving the authorization to enter into an option to purchase the Midland Videen property and to send out a request for proposal. MOTION/SECOND: Stigney/ to table the decision to approve Resolution No. 5246, to give staff time to resolve the wetland mitigation matter at the Community Center. Motion failed due to lack of second. Jerry Linke, 2319 Knoll Drive, suggested that the City buy the Midland Videen property and use it for much needed park land for the City. He said it was a bad idea to put out RFPs for land that should be used for the public. Quick stated the idea behind the land purchase would be to facilitate development of the area and broaden the City's tax base. If the City controls the property, it can control what gets developed there. VOTE: Ayes - 3 Nays - l(Stigney) Motion carried. H. Update on Edgewood Drive Realignment and Signalization.(Representatives From SEH will be Presenting a Report). Mike Ulrich, gave his report as follows: A letter from Glen Van Wormer, SEH traffic engineer, was reviewed. Efforts are being made to try and lessen the impact that the realignment of Edgewood Drive will have on the parking lot at City Hall. In order to stay with state aid standards and design criteria at the intersection of Edgewood and Highway 10, it was deemed that the original design of the realignment would have to stay as is. Stigney asked Ulrich if Edgewood Drive from County Road I was designated MSA and if so how much MSA funds are involved in that piece of property. Ulrich stated Edgewood Drive to Highway 10 is designated MSA and he gave no dollar amount. MOTION/SECOND: Quick/Gunn to approve Resolution No. 5249, a resolution designating the continuation of Edgewood Drive from Highway 10 to County Road H2 an MSA Street. Also, to authorize staff to proceed with mitigation of the wetland at the Community Center. Stigney reiterated his original stand in regards to the realignment of Edgewood Drive: "I was Item No. Meeting Date: 10-26-98 Staff Report No. Type of Business: CB WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business Mounds View Staff Report To: Honorable Mayor and City Council From: Steve Dorgan, Housing Inspector Item Title/Subject: Proposed Multi-Family Development- Salvation Army Date of Report: October 22, 1998 SUMMARY At the EDA meeting on October 13, 1998,the Commission requested the Salvation Army proposal be placed on the next regularly scheduled City Council meeting for action because of procedural requirements for the EDA. At the Worksession on September 8,the Council reviewed a proposal from the Salvation Army requesting the City to acquire and sell a tax-forfeited parcel(PID#08-30-23-22-0002)to them for a proposed development. The Salvation Army is proposing to acquire the parcel, as well as an adjacent lot(PID#08-30- 23-22-0003)owned by Glen Thorpe Realty,for the development of an 8 unit multi-family building. The subject site is located on Woodlawn Drive south of County Road I. The Salvation Army has secured funding necessary for the development of the proposed project and has obtained a purchase agreement for the acquisition of the lot owned by Glen Thorpe Realty. The Salvation Army is requesting the City Council approve the acquisition and resale of the proposed parcel contingent upon the approval of the rezoning and development review by the City Council. The City filed a"use deed' on the proposed lot in 1995 for the purposes of multi-family residential parking. The use deed has a five-year term. According to the Ramsey County Assessor,because the property is not currently being used for the intended purpose of the use deed,the property must either be used for the requested use, acquired by the City or the use deed released back to the County. Therefore,the Council should decide the City's interest in the subject parcel. ACTION TO BE CONSIDERED Staff requests direction for further process in this matter. Options include: 1. Arrange for the purchase and resale of the property to the Salvation Army contingent upon the City approving the development proposal for the subject site. 2. Release the use deed and acquire the property for the assessed value of approximately$29,000 for future development purposes. 3. Release the use deed and turn back the property to the Ramsey County where the property would be sold at a public auction. Steve Dorgan, g Inspector 717-4023 N:\DATA\GROUPS\COMDEN OUSINGVSALVAIN\EDA9_8.98 CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY MONDAY, OCTOBER 26, 1998 AGENDA ROLL CALL: President McCarty, Vice President Koopmeiners, Commissioner Gunn, Commissioner Quick, Commissioner Stigney 1. AGENDA ADDITIONS: 2. APPROVAL OF MINUTES Ocoter 13, 1998 3. SPECIAL ORDER OF BUSINESS: None 4. CONSENT AGENDA None 5. COUNCIL BUSINESS A. Consideration of EDA Resolution No. 98-EDA-98 Authorizing the Purchase Agreement for the property located at 6991 Pleasant View Drive as part of the Housing Replacement Program. F. REPORTS G. ADJOURNMENT CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY TUESDAY, OCTOBER 13, 1998 Regular Meeting Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 CALL TO ORDER President McCarty called the meeting to order at 10:15 p.m., October 13, 1998 ROLL CALL MEMBERS PRESENT: President McCarty, Commissioners Gunn, Koopmeiners, Quick and Stigney. ALSO PRESENT: City Administrator Chuck Whiting, Community Development Director Rick Jopke, Housing Inspector Steve Dorgan, and Recorder Kathy Hix (for Dave Hix). 1. AGENDA ADDITIONS • No additions were considered. 2. APPROVAL OF MINUTES MOTION/SECOND: Gunn/Quick to approve the EDA meeting minutes of September 14, 1998. VOTE: Ayes - 5 Nays - 0 The motion carried 3. SPECIAL ORDER OF BUSINESS No special order of business was considered. 4. CONSENT AGENDA No consent agenda was considered. 5. AUTHORITY BUSINESS A. Discussion of Home Improvement Loan Interest Subsidy Program. • Dorgan gave his report as follows: 111 Mounds View EDA October 13, 1998 Page 2 At a previous workshop meeting the Council had directed staff to take steps necessary for the implementation of the Home Improvement Loan Interest Subsidy Program. As proposed, the program would use TIF funds to finance subsidies and associated administrative costs. The City Attorney has informed staff that TIF may not be used to subsidize interest rates for home improvement loans. Staff has begun researching other funding sources which the City may access to provide subsidies for the proposed program. Some of the available options were listed as follows: 1. Metropolitan Council Livable Communities Housing Initiatives Fund 2. Super RFP(sponsored by the Metropolitan Council and the Minnesota Housing Finance Agency 3. Housing replacement program 4. Remodeling counselors If approved, some modifications to the income requirements of the proposed program may be necessary. Staff will continue to work on obtaining financial assistance for the interest subsidy • program as well as other housing related programs. MOTION/SECOND: Koopmeiners/Gunn to direct staff to pursue alternative funding sources including the MHFA "Super RFP" to fund the proposed interest subsidy Home Improvement Loan Program as well as additional housing related programs. VOTE: Ayes - 5 Nays - 0 The motion carried B. Discussion of Salvation Army Proposed Multi-Family Development. Dorgan reviewed staffs October 8, 1998 Memo to the EDA and gave the following report: The Salvation Army is requesting that the City acquire and sell a tax-forfeited parcel to them for a proposed development. They are proposing to acquire the proposed lot as well as an adjacent lot owned by Glen thorpe Realty for the development of an eight unit multi-family building. Since the property is a tax forfeited parcel owned by the State, non-municipal entities would have to purchase the property through an auction. The Salvation Army is requesting that the City release the "use deed" on the property. The City would then purchase and resell the lot to the Salvation Army contingent upon the approval of the Salvation Army's development proposal. The development proposal would include a rezoning, variance and development review. Ramsey County Assessors Office has valued the land at $29,000. Staff was seeking direction from the EDA for further action on this proposal. • Mounds View EDA October 13, 1998 Page 3 Attorney Long advised the Commissioners that, procedurally, there is an issue here that the City act rather than the EDA to deal with tax forfeit properties. He stated he would have to review the statute to get the exact wording and how it applies to the City and the EDA. The City Attorney recommended deferring the matter to the City Council. McCarty recommended that the Commission not take action on the issue. He directed staff to prepare the necessary documentation for presentation to the City Council as soon as possible. The Commission concurred. 6. REPORTS No Commissioner or staff reports were considered. 7. ADJOURNMENT MOTION/SECOND: Koopmeiners/Stigney to adjourn. 11110 VOTE: Ayes - 5 Nays - 0 The motion carried There being no further business before the EDA, President McCarty adjourned the meeting at 10:32 p.m. Respectfully submitted, Dave Hix Recorder I Item No. EP Meeting Date: 10-26-98 Staff Report No. Type of Business: EDAB WK:Work Session;PH:Public Hearing; CA:Consent Agenda;EDAB:EDA Business Mounds View Eoonomlo Development Authority Staff Report To: Mounds View Economic Development Authority From: Steve Dorgan, Housing Inspector Item Title/Subject: MVIHtP—Purchase Agreement for 6991 Pleasant View Dr. Date of Report: October 21, 1998 SUMMARY Purchase Agreement At the EDA meeting on June 22, 1998 the Commission approved the purchase of 6991 Pleasant View Drive as part of the Housing Replacement Program. The approved purchase price for the property is $60,500. Staff has prepared a purchase agreement for the EDA to acquire the property. The owner has recently signed the purchase agreement and has tentatively scheduled a closing with the City for December 18, 1998. Hazardous Materials Assessment As part of the site acquisition,HRP policy requires a Hazardous Materials Survey to be completed. Staff has received three separate bids for completion of the required work. Airtech Environmental,Inc submitted the low bid of$630.00. Staff is in the process of arranging for the survey to be performed. ACTION TO BE CONSIDERED Approve EDA Resolution No. 98-EDA-98 authorizing the purchase agreement for the property located at 6991 Pleasant View Drive as part of the Housing Replacement Program. S—Tkk)0* Steve Dorgan,Housing Inspector 717-4023 Attachments: 1) Purchase Agreement for 6991 Pleasant View Drive 2) Resolution 98-EDA-98 N:\DATAAGROUPaECONDEV►MVHRP\6991PLEA\APRIL 13.RRP PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this 20 day of Q c ( , 1998 by and between JOE WIT-LA/IAN, a single person, owner and seller (the "Seller") and the MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic, 2401 Highway 10,Mounds View, MN 55112-1499("Buyer"). 2. SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Property") located at 6991 Pleasant View Drive,Mounds View, and legally described as follows: Lot 70, KNOLLWOOD PARK, Mounds View, Minnesota, according to the plat filed for record with the Ramsey County Recorder. 3. Oli'r'ER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances, including, but not limited to, garden bulbs,plants, shrubs, trees, and grass. 4. CONTINGENCY/ACCEPTANCE DEADLINE. This Purchase Agreement shall be presented to the Board of the Buyer within 30 days of the date it is submitted to Buyer, fully executed by Seller herein. If the Buyer does not approve this Purchase Agreement, all Earnest Money shall be refunded to the Buyer. 5. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the Property are included in this sale: storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain- 8v) traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, built-in appliances, water softeners, garbage disposals, installed carpeting, work benches, television antennas and hood-fans. Upon delivery of the deed, Seller shall also deliver a Bill of Sale for the above personal property. 6. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the real and personal property and fixtures included in this sale is Sixty Thousand Five Hundred and No/100ths Dollars ($60,500.00). B. TERMS: (1) PAYMENT OF PURCHASE PRICE TO SELLER. Buyer agrees to pay by check the amount of One Thousand and No/100ths Dollars ($1,000.00) as earnest money (the "Earnest Money") to be deposited by Seller with Title Insurer/Closer within three (3) days after the date of this Agreement and held and disbursed under the terms of this Agreement on the Date of Closing. Buyer agrees to pay the Balance Due of Fifty Nine Thousand Five Hundred and No/100ths Dollars ($59,500.00) in cash or by check on the SJR-148110 MU205-12 Date of Closing according to the terms of this Purchase Agreement. (2) ASSUMPTION OF EXISTING INDEBTEDNESS. The Buyer, in its discretion and in partial payment of the purchase price, may, to the extent assumable, assume or take title subject to any existing indebtedness encumbering the Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. (3) DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer,subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota. c. Utility and drainage easements. (4) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required in paragraph 6.B.(3) above, Seller shall deliver to Buyer: a. Bill of Sale for personal property. b. Affidavit of Seller. c. Such other documents as may be required by Buyer's title examiner or title insurance company. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Seller shall pay at or prior to closing all real estate taxes due and payable in 1997 and prior years. B. Seller shall pay at or prior to closing the balance of all special assessments levied prior to closing. C. Real estate taxes due and payable in 1998 shall be prorated as of the date of closing between Buyer and Seller. D. Seller shall pay all special assessments pending as of the date of this Purchase Agreement, if any. If the amount of the special assessments is not finally deter- mined by the Closing Date, Seller agrees to escrow an amount equal to one and one- half times the estimated amount, which shall be used to pay the special assessments when levied. Buyer shall assume special assessments that become pending after the date of this Purchase Agreement, except that Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of SJR-148110 MU205-12 diseased trees, snow removal, or other current services provided to the Property by the assessing authority while the Seller is in possession of the Property. 8. MARKETABILITY OF TITLE; COSTS TO CLEAR TITLE. Seller shall, within a reasonable time after signing this Agreement and at the expense of Seller, furnish an abstract of title or registered property abstract certified to date to include proper searches covering bankruptcies, all judgments, taxes, special assessments and liens. Buyer shall be allowed fourteen (14) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Seller shall be allowed sixty (60) days to make such title marketable. Seller shall permit no additional encumbrances to be made upon the Property between the date of this Purchase Agreement and the Closing Date. If said title is not marketable and is not made so within sixty (60) days from the date of written objections thereto as above provided, this Agreement shall be null and void, at option of Buyer, and neither party shall be liable for damages hereunder to the other party. All money theretofore paid by Buyer shall be refunded. Alternatively, if Buyer elects to proceed with this transaction, Seller shall bear any and all costs to clear title to the Property, including the cost of satisfying any mortgages or liens of record, if any. In the event Seller fails to clear title to the extent herein required, Buyer may clear title to the extent required and charge the cost of clearing title to the Seller, including attorney's fees, court costs, condemnation awards, amounts paid for releases, waivers or quit claims and all other costs actually incurred by Buyer,unless waived by Buyer. In the event that title to the Property cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and all money theretofore paid by Buyer shall be refunded to the Buyer. 9. DEFAULT. If the title to the Premises be found marketable or be so made within said time, and Buyer shall default in any of the covenants contained in this Agreement and continue into default for a period of ten(10) days, then and in that case, Seller may terminate this Agreement and on such termination all the payments made under this Agreement shall be retained by Seller as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement provided this Agreement shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. 10. CLOSING DATE. The closing of the sale of the Property shall take place on or before, December 4, 1998, or at such earlier or later date as may be mutually agreed upon by the Seller and Buyer. In no event shall the Closing Date be after December 18, 1998. 11. POSSESSION. The Seller shall deliver possession of the Property to Buyer at 11:59 a.m. on the date of closing, in substantially the same condition as the Property exists on the date of this Purchase Agreement,reasonable wear and tear excepted. 12. DAMAGES TO REAL PROPERTY. If the Property is substantially damaged prior to SJR-148110 MU205-12 closing, or if the Property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such rescission,the Earnest Money shall be refunded to Buyer. 13. CONDITION OF PROPERTY. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, wiring, and plumbing used and located on the property are in working order on the date of closing. Seller 4102PHAS NOT) had a wet basement or water in the basement. Seller discloses that the roof HAS NOT) leaked. Seller shall remove all debris and all personal property not included in s sale from the Property before possession date. Seller has not received any notice from any governmental authority as to the existence of any dutch elm disease,oak wilt,or other disease of any trees on the Property. Seller's warranties and representations contained in this paragraph 13 shall survive the closing of this transaction. Buyer shall have the right to have inspections of the Property conducted prior to Closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the Property inspected. Other than the representations made in this paragraph, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or modify any provisions of Minn. Stat.,Chapter 327A.) 14. DISCLOS 11 ; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there (IS) /h OT an individual sewage treatment system on or serving the Property. If there is an individu. - • .ge treatment system on or serving the Property, Seller discloses that the system (IS) (IS NOT) in use, and Seller further discloses that the type of system is a system and the location is shown on map attached as Exhibit B to this Purchase Agreement. 15. CONDITION OF SUBSOIL AND GROUND WATER; ENVIRONMENTAL WARRANTY. Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. This indemnity shall survive the closing of this transaction. Seller warrants that to the best of the Seller's knowledge no toxic or hazardous substances, including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyl, and any substance as defined or listed as "hazardous materials" or "toxic substances" or similarly identified in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),42 U.S.C. Section 9601-9657, as SJR-148110 MU205-12 • now or later amended, "hazardous materials" identified in or pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 1802, et seq., as now or later amended, "Hazardous Wastes" identified in or pursuant to The Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seq., as now or later amended, any chemical substances or mixture regulated under the Toxic Substances Control Act of 1976, 15 U.S.C. Section 2601, et seq., as now or later amended, any "toxic pollutant" under the Clear Water Act, 33 U.S.C. Section 1251 et seq., as now or later amended, any hazardous air pollutant under the Clean Air Act, 42 U.S.C. Section 7901 et seq., as now or later amended, and any hazardous or toxic substance or pollutant now or later regulated under any other applicable federal, state or local Environmental Laws, have been generated, treated, stored, released or disposed of, or otherwise deposited in or located on the Property, including without limitation, the surface and sub-surface waters of the Property, nor has any activity been undertaken on the Property which would cause the Property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise, bring the Property within the ambit of, any of the aforementioned acts or any similar state law or local ordinance or any other Environmental Law. Seller also warrants that to the best of Seller's knowledge there are no substances or conditions in or on the Property which may support a claim or cause of action under any of the aforementioned acts or any other federal, state or local environmental regulatory requirement and that no underground deposits which cause hazardous wastes or underground storage tanks of any type are located on the Property. 16. WELL DISCLOSURE. The Seller certifies that the Seller does not know of any wells on the described real property. 17. SELLER'S WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right-of-way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. 18. NO BROKER INVOLVED. The Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 19. RELOCATION BENEFITS. Seller expressly agrees to waive any and all relocation benefits, assistance and services, related to the Seller's ownership and activities on the Property to which Seller may be entitled by law, as a result of the transaction contemplated by this Purchase Agreement. Seller agrees to provide to Buyer at Closing an executed waiver of relocation benefits as to these activities. 20. MERGER OF REPRESENTATIONS, WARRANTIES. All representations, warranties and agreements contained in this Purchase Agreement shall not be merged into any instruments or SJR-148110 MU205-12 conveyance delivered at closing,and the parties shall be bound accordingly. 21. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 22. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller, and Seller shall give notice to Buyer of assignment of its interests in the manner prescribed in paragraph 23. 23. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Joe Witz an 66g9'/f/evsQ.t. ,fEo �1s l�i Eu, itsApN 5.571 b. If to Buyer: Mounds View Economic Development Authority Attn: City Clerk/Administrator 2401 Highway 10 Mounds View,MN 55112 With copy to: Scott J. Riggs Kennedy&Graven,Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis,MN 55402 24. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties. 25. ADDITIONAL DOCUMENTS. Buyer and Seller agree to cooperate with the other and their representatives regarding any reasonable requests made subsequent to the execution of this Purchase Agreement to correct any clerical errors in this Purchase Agreement and to provide any and all additional documentation deemed necessary by either party to effectuate the transaction contemplated by this Purchase Agreement. 26. EXECUTION IN COUNTERPARTS. This Purchase Agreement may be executed in counterparts by the parties hereto. SJR-148110 MU205-12 NOTICE: THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER AND SELLER. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. Si R �- Or - ftzman BUYER . �" MARVIN L.JOHNSON MOUNDS VIEW ECONOMIC k !,-,,,„4..0: NOTARY PUBLIC-MINNESOTA . :°'. SHERBURNE COUNTY DEVELOPMENT AUTHORITY My!'^mmission Expires Jan.31,2^^) � /A r�G / By Duane McCarty,President By Charles S. Whiting, Executive Director SJR-148110 MU205-12 RESOLUTION NO. 98-EDA-98 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AND AUTHORIZING THE PURCHASE AGREEMENT FOR THE ACQUISITION OF 6991 PLEASANT VIEW DRIVE AS PART OF THE EDA'S HOUSING REPLACEMENT PROGRAM It is hereby resolved by the Board of Commissioners(the"Board")of the Mounds View Economic Development Authority(the"Authority")as follows: Section 1. Recitals. (a) Pursuant to Minnesota Statues, Sections 469.124 to 469.134 and 469.090 to 469.108 (collectively,the"Act"),the Authority(I)has undertaken a program to promote development and redevelopment of certain land within the City of Mounds view and is engaged in carrying out the Mounds View Economic Development Project(the"Project")within the City; (ii)has approved a Project Plan for the Project; and(iii)has approved and adopted a Housing Replacement Program under and as an aspect of the Project Plan. (b) It has been approved that the Authority acquire the property located 6991 Pleasant View Drive(the"Property")and that the Authority enter into a purchase agreement and/or similar agreement(s)(collectively,the"Agreement")for that acquisition and/or subsequent clearance of the property for redevelopment Section 2. Resolved. 2.01 The Board hereby determines that the Authority's execution of the Agreement and the subsequent acquisition and/or clearance of the Property would be in furtherance of the Project Plan and the Housing Replacement Program and hereby approves and authorizes said actions,including the execution of the Agreement by the officers of the Authority in their discretion and at such time,if any, as they may deem appropriate. 2.02 Upon execution and delivery of the 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 Agreement,including the acquisition of the Property,which is being accomplished for redevelopment purposes. 2.03 That the Board of the Authority hereby determines that the execution and performance of the Agreement and acquisition of the Property will help realize the public purposes of the Act and are in furtherance of the Project Plan and the Housing Replacement Program. Adopted by the Board of Commissioners of the Mounds View Economic Development Authority this 26th day of October, 1998. Duane McCarty,Acting President ATTEST: Chuck Whiting,Executive Director N:\DATA\GROUPS\COMDEV\HOUSING\M VHRP699IPLEA\AQUIS.RES