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Agenda Packets - 1996/09/06
• SPECIAL COUNCIL WORKSESSION MONDAY, SEPTEMBER 9, 1996 6: 00 P.M. • CITY COUNCIL CHAMBERS PURPOSE : DISCUSSION OF 1997 BUDGET • • 2:.•'<?'"•}r.<ti.::'.;.•.:.f:::-;>:.:<'%}%: "':''.:'.':::to .::�:<:.:.::}.:;.y...y'::.'...•``'::??' �� ''-#os'#5'' `<r`:?:.}:.iiS::::'.t::}::::::i:::}:.i:.i:.: Eliseso r:.. < ``• • : fi ••::';?'�•..''��'.i••"'::::%r':..•�'''>:.',•.:::....5:>:fi': " �`.'y.'•%''$tif�'?.;.;.''...r.....:::.......:... .................r::::::........:::...:.�:.+..i•;:.�::.:}:.::.�:::......:: :::•::. }:�:}•i::iii:;i;ytiiii i•'::';:?%•%;:::�•;;:%;:;:�:; ;•}it i:;'{.:i:::i:Yii}<ij?i:%iii}iiia{i'•i:%':::::?v`S:tii:�:}i ...........................::::.::.::.::::.�:.�.;:::::::».ii:.}:y}:•i}:.}:;.}:;}}:??{{•}}:?}?%:%i:%i::iiiiiR;vii}iifir:tiff%:i:�:a:�i s ii:'::<�Sfi i::::::i%:::'•;:ii:iii::i:;ii:%:is}`.�:i>'}�::'iii.•!!'r'v'r'%'%i:::n::t::Y.': } :':.,. i?•y?hi:i•',•.,.:.}1Q.}:.:,:'.x;..{'?.....• {.'.+.{.:p.4:9}}v:..::.}:•'..•::Cj:..,.......%••...%..'•,?....'.....•%.............••.j.?'�Y•:jti.:.i}...'}i}?;:{:.:i::ij.Y,x,.?:}: +:i:{C::}%'r:::%:i�%Y�J?'%ii{:}ii..... ...... 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'x:•.�:...�n.............•{td:4:�;�v::w::::x:;;•:x:{�'•}}}:r{ter%'i:r?:},$:};:.vv::..:.�.�;.. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda,please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor"item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. • 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL- • Linke _.Quick —Hankner Trude _Blanchard 4. Agenda Additions Item 1: Item 2: Item 3: • 5. APPROVAL OF COUNCIL MINUTES: August 26, Regular Council Meeting COUNCIL ACTION: A T D • Comments: AGENDA PAGE TWO SEPTEMBER 9, 1996 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: EDC Minutes-May 30, 1996 COUNCIL ACTION: A T D . Comments: . 7. SPECIAL ORDER OF BUSINESS: 8. CONSENT AGENDA A. Approval of Resolution No. 5001 Approving Just and Correct Claims Against City Funds. B. Licenses.for Approval Kennel-Renewal Geri Grosslein, Residential COUNCIL ACTION: A T D Comments: 9. RESIDENTS REQUESTS AND•COMMENTS FROM THE FLOOR Citizens'comments are encouraged to allow individual citizens to address the Council, as a whole, on d matter • of interest or concern to the citizens. The preservation of the Citizens'Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link a speaker is limited to three(3)minutes. >::;::>:::«<::::>:>s>:::>:..:>::s1110: :::;: :..:...... :....•.:::<:::: , <:. ::: .: :•:>S :E: ; .S .::.:.: .. :. ::;: :.:. ::. : :• •>•.;;:•;;:.;:.;:;:;::: :::::::::::mii • /. AGENDA PAGE THREE • SEPTEMBER 9, 1996 10. PUBLIC HEARINGS 7:05 p.m. Public Hearing Considering the Adoption of Ordinance No. 589, an Ordinance Relating to Flood Plain Zoning and Flood Control Regulations and Amending Title 1300, Chapter 1301, Sections 1301.04, 1301.06, 1301.07, 1301.10, 1301.11, 1301.12, 1301.13, 1301.14, 1301.15 and 1301.16 of the Mounds View Municipal Code; Planning Case No. SP-0002-96. Staff Report No. 96-1833C. (Staff Presenter:Pam Sheldon, Community Development Director) COUNCIL ACTION: A T D Comments: 11. COUNCIL BUSINESS: A. Mounds View Public School District#621 Discussion of 1997-1998 School • Budget. Staff Report No. 96-1834C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A TD Comments: B. Consideration of the Adoption of Ordinance No. 589, an Ordinance Relating to Flood Plain Zoning and Flood Control Regulations and Amending Title 1300, Chapter 1301, Sections 1301.04, 1301.06, 1301.07, 1301.10, 1301.11, 1301.12, 1301.13, 1301.14, 1301.15 and 1301.16 of the Mounds View Municipal Code; Planning Case No. SP-0002-96. Staff Report No. 96-1833C. (Staff Presenter:Pam Sheldon, Community Development Director) COUNCIL ACTION: A TD Comments: • AGENDA PAGE FOUR SEPTEMBER 9, 1996 C. Consideration of Approval of New Fencing for the Silver View and City Hall Athletic Fields. Staff Report No. 96-1835C. (Staff Presenter:Mary Saarion, Parks and Recreation Director) COUNCIL ACTION: A TD Comments: D. Surface Water Abandonment for Pedestrian Bridge Construction. (Staff is waiting for data and will present the information to council at the meeting.) (Staff Presenter:Mike Ulrich, Public Works Director) COUNCIL ACTION: A T D Comments: E. Consideration of Removing Resolution No. 4993 Authorizing the Rental of the Bel Rae Facility for Select Events to Private Users on an Interim Basis From the Table. (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: F. Consideration of Resolution No. 4993 Authorizing the Rental of the Bel Rae Facility to Private Users-an an Interim Basis. Staff Report No. 96-1836C. (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A T D Comments: AGENDA PAGE FIVE SEPTEMBER 9, 1996 G. Consideration of Setting a Work Session to Discuss the Bel Rae Survey Results and Planning Process in Regards to the Facility. Staff Report No. 96-1837C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: H. Consideration of Resolution No. 5002 Authorizing Officials to Execute Various Financial Documents For and On Behalf of the City of Mounds View. Staff Report No. 96-1838C. (Staff Presenter:Bruce Kessel, Finance Director) COUNCIL ACTION: A T D Comments: • I. Consideration of Resolution No. 5003 Setting the 1997 Preliminary Budget Levy Resolution and Hearing Dates. Staff Report No. 96-1839C. (Staff Presenter:Bruce Kessel, Finance Director) COUNCIL ACTION: A T D Comments: J. Presentation of Proposed Quad Ice Rink. Staff Report No. 96-1840C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: • AGENDA PAGE SIX SEPTEMBER 9, 1996 K. Anoka-Blaine Airport Issues Status Report. Staff Report No. 96-1841C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 12. REPORTS 1. Report of Councilmembers: Trude: Hankner: Blanchard: Quick: 2. Report of Mayor Linke: 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL MEETING: SEPTEMBER 23, 1996 NEXT COUNCIL WORK SESSION: OCTOBER 7, 1996 13. ADJOURNMENT , Cirf Cr. REQUEST FOR COUNCIL CONSIDERATION Agenda Section 10 I I 1 0 STAFF REPORT Report Number: 9 -(g 33L I iii J•�,a':: Report Date: 9/4/96 ::9 c:�' •0 CITY COUNCIL MEETING DATE — j 'D " ''°�' September 9, 1996 Special Order of Bus. rit4' Consent Agenda -441, Part X Public Hearings Council Business Item Description: Consideration of Adoption of Ordinance No. 589, an Ordinance Relating to Flood Plain Zoning and Flood Control Regulations and Amending Title 1300, Chapter 1301, Sections 1301.04, 1301.06, 1301.07, 1301.10, 1301.11, 1301.12, 1301.13, 1301.14, 1301.15 and 1301.16 of the Mounds View Municipal Code; Planning Case No. SP-0002-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: This item was introduced for first reading and the public hearing on this item was tabled to September 9 at your August 26 meeting to allow for proper notice to be done. The Minnesota Department of Natural Resources has notified the City that our current Flood Plain Zoning District(Chapter 1301) is not in compliance with federal law. DNR has provided to us a list of the changes needed to bring the City's ordinance into compliance. It is essential to make these corrections so that the City of Mounds View and its residents remain eligible for the National Flood Insurance Program. DNR had set a deadline for the changes to be completed by likptember 1,and has extended that deadline to September 15 to accommodate our meeting schedule. Revisions have been afted and contained in the attached Ordinance No. 589. The proposed ordinance has been reviewed and approved as to form by the City Attorney. Mr. Joe Richter,representing the Minnesota DNR,has reviewed the proposed ordinance and notified us by telephone that it is acceptable and includes all of the changes requested by DNR. A summary of the changes is as follows: • Revision to the definition of"Structure"to add reference to Travel Trailers and Travel Vehicles, and addition of a definition of Travel Trailer and Travel Vehicle (p. 1) • Revision to the section on Flood Insurance Notice and Record Keeping to remove the specific dollar amount insurance may increase(p. 2) • Allows for travel trailers and travel vehicles as a permitted use in the Flood Plain Zoning District,with the addition of areas exempted for placement of such trailers and vehicles and criteria for when this exemption is lost. Additional language allows for new commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations in the floodway or flood fringe if they meet certain criteria. (p. 2-3) • Adds more specific language regarding accessory structures,and how they must be elevated or floodproofed(p. 5) • Adds more specific language as to how nonconforming structures may be changed,and when such structures must meet the standards for new structures(p. 7-8) Adoption of this ordinance will require a roll call vote. lik1110Vt,U L \ U Ltt.{n(---_, . mela Sheldon,Community Development Director • MOUNDS VIEW PLANNING COMMIISSION • RESOLUTION NO. 471-96 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA • RESOLUTION RECOMMENDING AMENDING DIE MOUNDS VIEW MUNICIPAL CODE BY AMENDING CHAPTER 1301, RELATING TO FLOOD PLAIN ZONING IN ORDINANCE NO. 589 WHEREAS, Chapter 1301, entitled"Flood Plain Zoning," is currently not in compliance with the Federal Emergency Management Agency requirements; and WHEREAS, a compliant floodplain ordinance is a prerequisite of a community's eligibility in the National Flood Insurance Program (NFIP); and WHEREAS, NFIP provides federal and state assistance in the event of flooding, denial of flood insurance in a community, allows the opportunity for citizens to purchase flood and related water damage insurance; and WHEREAS, the City of Mounds View is committed to reducing flood damage potential through a properly administered and compliant floodplain ordinance; and • WHEREAS, the Planning Commission recommends modification to Chapter 1301, entitled"Flood Plain Zoning", to add the required provisions by amending the definitions of structure in Section 1301.04, Subd. 15,; Section 1301, Subd. 7, on Flood Insurance Notice and Record Keeping; Section 1301.10, Subd. 5, on Travel Vehicles and.Travel Vehicles; Section 1301.10, Subd. 2.c.(3) on Accessory Structures; and Section 1301, Subd. 2, on Nonconforming Uses, and to correct minor typographical errors and errors in cross-references. NOW, TeMREFORE, BE IT RESOLVED that the Planning Commission of the City of Mounds View recommends approval of Ordinance No. 589, an ordinance amending Chapter 1301, entitled"Flood Plain Zoning," of the Mounds View Municipal Code. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council prior to approval of the minutes. Adopted this 7th day of August 1996 Ai i.hST: Chairpe6On Peterson 40 (SEAL) ;J}vy j11LtL Pi#m Sheldon, Community Development Director 0 Planning Commission Resolution 473-96 September 4, 1996 Page 2 BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff to forward this Resolution to the City Council prior to approval of the minutes. Adopted this 4th day of September, 1996. Jerry Peterson, Chairperson Mounds View Planning Commission ATTEST: (SEAL) Pamela Sheldon Community Development Director • 0 Section 3. Section 1301.07 Subd. 7 is hereby amended to read as follows: 111� Subd. 7. Flood Insurance Notice and Record Keeping: The Zoning Administrator shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance _ • •• - • •• ($100.000) of insurance coverage and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (Ord. 535, 3-14-94) Section 4. Section 1301.10 Subd. 2.a.(5) is hereby amended to read as follows: (5) Travel Trailers and Travel Vehicles. Travel trailers and travel vehicles that do not meet the exemption in Section 1301, Subd. 2.a.(5)(a) below shall be subject to the provisions of this ordinance and as especially spelled out in Subd. 2.a.(5)(c) and (d) below. Travel trailers and travel vehicles provided they meet the following criteria:- (a) Exemption- Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 1301 Subd. 2.a.(5)(b) below and if they meet the following criteria: (a)(1) Have current license required for highway use. (b)(2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/vehicle has no permanent structural type additions attached to it. (3) The travel trailer or travel vehicle and associated use must be permissible in any preexisting, underlying zoning use district. (b) Areas exempted for Placement of Travel/Recreational Vehicles: (1) Individual lots or parcels of record. (2) Existing commercial recreational vehicle parks or campgrounds. (3) Existing condominium type associations. Flood Plain Ord. Page No.2 Section 6. Section 1301.10 Subd. 2.c.(1), (2) and (3) are hereby amended to read as • follows: (1) All Uses: No structure (temporary or permanent), fill (including fill far for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use which, acting alone or in combination with existing or reasonably anticipated future uses, increases flood heights. In addition, all F.Z.D. conditional uses shall be subject to the standards contained in Section 1301.12 Subd. 5 (5)of this Chapter and the following standards of this Subdivision 3 Section 1301.10 Subd. 2.c. (2) Fill: (a) Any fill deposited in the F.Z.D. shall be no more than the minimum amount necessary to conduct a conditional use listed in subdivision 2b Section 1301.10 Subd. 2.c.(2)(b) hereof. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not, in any way, obstruct the flow of flood waters. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- . year flood elevation -FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot development. These standards should be investigated prior to the iniation of site preparation is a change of special flood hazard area designation will be requested. (b) Spoil from dredging or sand and gravel operations shall not be deposited in the F.Z.D. unless it can be done in accordance with subdivision C2a Section 1301.10 Subd. 2.c.(2)(a) above. (3) Accessory Structures: Temporary or permanent accessory structures permitted as conditional uses by s 1- Section 1301.10 Subd. 2.(b) hereof. (a) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot (1) below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15') beyond the limits of the structure constructed thereon. • 111 Flood Plain Ord. Page No.4 Section 7. Section 1301.11 Subd. 2 and Subd. 6 are hereby amended to read as follows: Subd. 2. Application for Permit: Application for a use permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the flowing where applicable: Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials and the location of the foregoing in relation to the stream channel or water body. Subd.6. Record of First Floor Elevation: The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or addition to existing structures in the flood plain districts. He/She shall also maintain a record of the elevations to which structures or addition to structures are floodproofed. (Ord. 536, 3-14-94) Section 8. Section 1301.12 Subd.2 is hereby amended to read as follows: Subd. 2. Decisions: The Planning and Zoning Commission shall consider the request at its next regular agenda meeting unless the filing date falls within fifteen (15) days of said meeting, in which case, the request would be placed on the agenda and considered at the regular agenda meeting following the next agenda meeting. The Clerk-Administrator shall refer said application along with all related information • to the City Planning and Zoning Commission at least ten (10) days prior to the regular meeting. The City Council shall then arrive at a decision on a conditional use within sixty (60) days of the date on which the application was accepted as complete and scheduled for the Planning Commission agenda meeting, except that an extension of sixty (60) days may be allowed with notice to the applicant. In granting a conditional use permit, the City Council may prescribe appropriate conditions and safeguards, in addition to those specified in Section 1301.12 Subd. 7. hereof which are in conformity with the purposes of this Chapter. Violations of such conditions and safeguards, when made part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Chapter punishable under Section 1301.19. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commission of Natural Resources within ten (10) days of such action. Section 9. Section 1301.12 Subd, 3.a. is hereby amended to read as follows: a. Upon receipt of an application for a conditional use permit for a use within the F.Z.D., the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning and Zoning Commission for the determination of the regulatory flood protection elevation: Plan (surfati e Niew) showing elutions or contuurs of the Flood Plain Ord. Page No.6 not exceed fifty (50) percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the City's initial flood plain controls must be calculated into today's current costs which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceed fifty(50) percent of the current market value of the structure, then the structure must meet the standards of this ordinance for new structures. Section 13. Section 1301.13 Subd. 8 is hereby amended to read as follows: Subd.8. The Zoning Administrator shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with • .. • - •• Section 1301.12 Subd. 7 of this Chapter. He shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provision of this Chapter. (Ord. 535, 3-14-94) Section 14. Section 1301.14 Subd. 3 is hereby amended to read as follows: Subd. 3. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the • 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (Ord. 535, 3-14-94) Section 15. Section 1301.15 Subd. 2 is hereby amended to read as follows: Subd. 2. Public Transportation Facilities: Railroad tracks, roads and bridges to be located within the F.Z.D. shall comply with . ..'•' •. ..: . . . Section 1301.10 Subd. 2.c(1) and (2) of this Chapter. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption or transportation services would not endanger the public health or safety. (Ord. 535, 3-14-94) Section 16. Section 1301.16 Subd. 1 is hereby amended to read as follows: Flood Plain Ord. Page No. 8 X31'"Cif REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number: I � ft;li I- ;�;� ;R Report Date: 9/5/96 CITY COUNCIL MEETING DATE • September 9. 1996 _ Special Order of Bus. ,, • :; Consent Agenda *ft, *PartneOn'QS Public Hearings 7 Council Business Item Description: Mounds View Public Schools District 621 Discussion of 1997-8 School Budget Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. X Explanation/Summary(attach supplement sheets as necessary) Summary: The Council will recall discussing an offer from the School District to have their representatives meet with the Council to review the seriousness of the district's budget situation. Carl Colmark, Executive Director of Administrative Support, will attend the Council meeting to present the school's situation. This is also an opportunity for the school to get these issues out to the community. I do not expect the Council will have to do anything except voice empathy and ask questions. This is also an opportunity for the Council to show its willingness to work with another governmental organization if you choose to. • ci4 � Chuck Whiting, City A inistrator OtECOMMENDATION: J� Independent School District No. 621 ° Mounds View Public Schools 6 2959 North Hamline Avenue•St.Paul,Minnesota•55113•Phone(612)639-6002•Fax(612)639-6103 0 Dr.Janet Witthuhn,Deputy Superintendent MEMORANDUM DATE: July 11 , 1996 TO: Mayors and Mana ers FROM: Jan Witthuhn RE: District 621 Budget If current law remains unchanged, Mounds View Public School District faces the need to reduce $3.8 million dollars in programs for 1997-98. The projected cuts will likely have serious negative impact on the programs parents expect from our schools and on class size. Therefore, the School Board has directed the administration to mount an aggressive communications campaign to inform staff, parents and the broader community about the situation. • . Before school dismissed for the summer, Carl Colmark, Executive Director of Administrative Support, and Dan Hoverman, Executive Director of Instructional Support, prepared the enclosed information and presented it in each of our school sites. I am providing you with a copy of Carl and Dan's handouts so you and your council members will be aware of the message we are delivering in the communities. Should your council be interested, Carl and Dan would be pleased to make a presentation at one of your meetings. If this is something you'd like to schedule, please let me know. My phone number is 639-6001 . I hope each of you is finding time to enjoy our beautiful summer weather in spite of the many serious demands of your work for the city. I look forward to our next Mayors and Managers meeting in the Fall. cc: School Board members • Serving the communities of Arden Hills•Mounds View•New Brighton•North Oaks•Roseville•Shoreview•Vadnais Heights Equal Opportunity for Education and Employment 4111 MOUNDS PIER PUBLIC SCHOOLS GENERAL FUND FINANCIAL ANALYSIS 1997-98 • • • 1 MOUNDS VIEW PUBLIC SCHOOLS GENERAL EDUCATION BASIC REVENUE IMPACT OF LEGISLATIVE REDUCTIONS 1997-98 1997-98 REVENUE REVENUE PER PUPIL PER PUPIL OLD FORMULA NEW FORMULA REDUCTION Basic Revenue $3,505 $3,430 Pupil Units 13 ,873 .70 13 , 577.80 * Total Basic Revenue $48 , 627,319 $46 , 571,854 ($2 , 055 ,465) * Secondary pupil unit weighting reduced from 1. 30 to 1.25. • • • • 3 MOUNDS VIEW PUBLIC SCHOOLS GENERAL FUND BUDGET REDUCTIONS • ACTUAL, PROPOSED & PROJECTED 1992-93 THRU 1997-98 FISCAL YEAR REDUCTION 1992-93 $2,000,000 1993-94 1,504, 354 1994-95 470,928 1996-97 (Proposed) 1, 811,450 1997-98 (Projected) 3 ,848 , 575 Total $9 , 635 , 307 4111 • 5 "`M f.z7,1 REQUEST FOR COUNCIL CONSIDERATION Agenda Section G STAFF REPORT Report Number: Min, 6...- CAM= .f ?. Report Date: 9/5/96 0 .,.„ CITY COUNCIL MEETING DATE "'4 " September 9, 1996 Special Order of Bus. Consent Agenda Public Hearings Council Business Item Description: Consider approval of new outfield fencing for Silver View and City Hall Park athletic fields. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Three bids were received for the removal of present fencing and replacement of new 10' high fencing for 3 fields including 2 fields at Silver View Park and one field at City Hall Park. All three fences would be lengthened to provide greater outfield distance as well as providing greater height at 10'. Current fences are over 15 years old and are in need of replacement. The added distance of the fields and added height offence will provide a safer playfield and will make the fields more competitive. Benefits will be safer play fields and increasing the distance of the fields for more competitve play which enhances the quality of the playfield likll three bidders are reputable. The low bidder is Crown Fence & Wire Company at$28,309. his project would be funded with Park Improvement Funds (410), monies received as Park Dedication • fees. ----701. 1-4c-/ • RECOMMENDATION: To approve the bid of$28,309 from Crown Fence and Wire Company o remove current fencing and replace new 10' high fencing at 2 Silver View Park and 1 City Hall Itheltic fields to be funded with Park Dedication Fees in the Park Improvement Fund (410). Acow oF REQUEST FOR COUNCIL CONSIDERATION •Agenda Section STAFF REPORT Report Number:fI ZI b `- CMOS Report Date: 9/5/96 -2 COUNCIL MEETING DATE — Q ,M11 September 9. 1996 _ Special Order of Bus. �A� s Consent Agenda • o�r�jf•Partne���4 Public Hearings X Council Business Item Description: Consideration of Resolution Authorizing the Use of the Bel-Rae Facility for Private Users on an Interim Basis Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: This item was discussed and tabled at the August 12th regular Council meeting. Council directed staff to prepare estimated costs and revenues through 1996 for the rental of the Bel Rae to private users and to review with the Mounds View City Attorney allowing the consumption of alcohol for private events. Mounds View City attorney has reseached the consumption of alcohol and is preparing an ordinance to allow the City to issue temporary liqour licenses to establishments that already hold on-sale liqour licenses in Mounds View and the adjacent communities. In discussion with Mounds View's insurance provider this option removes the liability burden from the City to the holder of the license. The City would require proof 410 f dram shop nsurance with the temporary license. It is also recommended that the City can require the hire f a police officer for events that involve liqour. At the September work session staff prepared estimated costs and revenues associated with private rental of the faciltiy. The fees proposed will cover the costs of holding the events and may even subsidize non-paying activities such as recreation programming and community events. Attached is Resolution No. 4993 authorizing staff to rent the Bel-Rae facility for private uses and directing the City attorney to work with staff in preparing a rental contract agreement. e. . �% - a . Cy Be 4 Economic Development Coordinator Recommendation: Approve Resolution No. 4993 Authorizing the Rental of the Bel-Rae Facility for Private Users on an Interim Basis • RESOLUTION NO. 4993 1. CITY OF MOUNDS VIEW • COUNTY OF RAMSEY 111li STATE OF MINNESOTA RESOLUTION AUTHORIZING THE RENTAL OF THE BEL-RAE FACILITY FOR PRIVATE USERS ON AN INTERIM BASIS WHEREAS, the Mounds View Economic Development Authority took ownership of the Bel-Rae Ballroom land, building, furniture and fixtures located at 5394 Edgewood Drive (facility) effective July 1, 1996; and WHEREAS, the staff and City Council have been reviewing options for the renovation and redevelopment of the facility for community center activities; and WHEREAS, the City of Mounds View has received numerous requests to rent the facility for banquets, musical events and church activities; and WHEREAS, an analysis of estimated costs and revenues has been prepared by staff to ensure that rental rates cover costs of allowing private parties to use the Bel-Rae; and WHEREAS, private rental of the facility should not be in conflict with scheduled City Events; and IIIWHEREAS, the ventilation system will be cleaned,panic bars on the back exit doors will be working properly and no smoking signs will be posted prior to rental of the facility per the recommendation of the Mounds View Building Inspector. NOW THEREFORE BE IT RESOLVED, that the City Council, in and for the City of Mounds View, does hereby authorize City Staff to develop a rental contract agreement with the Mounds View City Attorney for the rental of the bel-rae facility on an interim basis; and BE IT FURTHER RESOLVED, that the City Council authorizes the City staff to include the provisions per Attachment A as part of the rental agreement. Adopted this 9th day of September, 1996. ATTEST: Mayor (SEAL) Clerk\City Administrator • T ATTACHMENT A • CITY OF MOUNDS VIEW Provisions for Private Rental of the Bel-Rae Facility • User must sign and abide by a rental agreement approved by the City of Mounds View. • No smoking allowed in building. • Consumption of alcohol must obtain a temporary liquor license from the City of Mounds View per Mounds View Municipal Code. ♦ City has the option of requiring proof of insurance for all events. ♦ User must hold a required health license for food preparation and serving of food. ♦ City will have the right to impose a 30-cancellation policy per the rental agreement. • Rates are established as follows and must be paid in full 10 days in advance of event. -No Kitchen Use: $50/hr, maximum $350 charge -Kitchen Use: $65/hr, maximum$500 charge (Mounds View residents and businesses - 20% discount on the above rates) - User has option to set up and clean or pay a$40 setup fee and a$100 (no kitchen) to $200 (kitchen) clean up fee. • The City may require the imprint of a credit card to be held as a damage deposit for all private events or set a standard damage deposit fee to be held until satisfactory inspection of the facility after the event has been completed by City staff. • ♦ User must abide by any other provision as set forth by the rental contract prepared by the Mounds View City Attorney. 110 OTT O REQUEST FOR COUNCIL CONSIDERATION Agenda Section - STAFF REPORT Report Number: i G Report Date: 9/5/96 (ANDS COUNCIL MEETING DATE 0111) , FMSeptember 9, 1996 _ Special Order of Bus. 0 s Consent Agenda tee,s,•Partnetsl"Q g Public Hearings X Council Business Item Description: Consideration of Setting a Work Session to Discuss the Bel-Rae Survey Results and Next Step in the Planning Process for the Building Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Decision Resources are close to completing the survey of Mounds View residents regarding the potential use of the Bel-Rae building. It is estimated that calling will be completed next week and results tabulated by the 18th The Council should pick a date to review the results with Decision Resources and discuss next steps in the planning process for the redevelopment of the building. I am proposing the following date to hold a special work session regarding the Bel-Rae: Sept 18th, 19th, 24th or 25th. Please be prepared to choose a date at the Council meeting. If consensuses can be made on a date I can arrange for Decision Resources to be there. • j. CloL- / • Chuck Whiting, Clerk/ ,,ministrator Recommendation: Choose a date for a special work session regarding the Bel-Rae survey results and next steps in the planning process for the building. 0 ©34Y REQUEST FOR COUNCIL CONSIDERATION Agenda Section // _ STAFF REPORT Report Number: 9 —/ �1 • � ODS Report Date: 9/5/96 CITY COUNCIL MEETING DATE 410 1199'`'. IM September 9, 1996 _ Special Order of Bus. B".Pjf'Partnets"4s Consent Agenda Public Hearings X Council Business Item Description: Resolution 5002 authorizing officials to execute various financial documents for and on behalf of the City of Mounds View. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: In the past, the City has authorized individuals to execute financial documents for the City. Whenever there was a turnover in staff/Mayor, a new resolution needed to be executed. The purpose of the attached resolution is threefold: 1. To authorize the use of a new signature stamp with Jerry Chuck and Bruce's signature to sign checks. 2. Recently, the City has been purchasing property and as part of the process, has received abstracts on such property. The City also has other documents that need to be stored in a safe location. Western Bank has offered to make a safety deposit box available to us at no cost, but a requirement is that we provide a corporate resolution which authorizes the individual(s) who are authorized to access the box. 3. Eliminate the need to have new resolutions approved whenever there is a turnover in staff/Mayor. Bruce A. Kessel, Finance Director COMMENDATION: Approve Resolution 5002. cut,cIF REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number: C_. fail >giii'``: Report Date: 9/5/96 0i, CITY COUNCIL MEETING DATE —. ,h; Special Order of Bus. .p !..N.w September 9. 1996 —. Consent Agenda ��x''s,Parma sk14. g Public Hearings _ Council Business Item Description: 1997 Preliminary Budget Levy Resolution and Hearing Dates Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. X Explanation/Summary(attach supplement sheets as necessary) Summary: The Council reviewed the figures at last Tuesday's work session and requested staff further pare down the preliminary levy for 1997. Based on our discussion, I asked Bruce on Wednesday to formulate three levy increase options, a 2%, 3.5% and 5% increase with the difference between last Tuesday's presentation and this one being an amount brought forward from the existing general fund balance. As we are meeting on this during the work session before the regular meeting, Bruce and I can go into more detail at that time. As we left off last Tuesday, I would like to progress the budget towards a clear depiction of the relationship between the general fund, the other ongoing funds, and the tax levy. Proceeding with the option presented his Monday evening will give staff some time to continue working towards this objective. I am not well repared on Monday to go into great detail about project and operational expenses within the various departments. Questions and concerns about that can continue as the budget process goes on in the coming weeks. I would however like to spend a few minutes discussing the administration department and personnel changes. I have discussed some of this with individual Council members and would like further discuss this Monday, including proposing changes before the Council on September 23. These changes are coming about in part because organizationally I think they are needed, but also to assist in keeping the 1997 budget in line. Because this agenda item is to be covered at both the work session and regular meeting, Council members will want to have the two staff reports and attached information available for both meetings. . as-: Chuck Whiting, City Admi trator tECOMMENDATION: Council will be requested to select a 1997 preliminary levy at the regular meeting. Staff will review some options for the preliminary levy at the work session, and will be available to again review those at the regular meeting. 1111 Resolution No. 5003 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota A resolution certifying the 1997 proposed operating budget and property tax levy, and setting the date for a public hearing on said budget and levy pursuant to State Statutes. WHEREAS, State Statutes require taxing jurisdictions to adopt a proposed levy on or before September 15th for the subsequent year; WHEREAS, said Statutes also require taxing jurisdictions to select a date for a public hearing and continuation hearing, if necessary, on its budget and proposed property tax levy. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Mounds View, Minnesota: 1) Pursuant to State Statutes, the following proposed 1997 Budgets are hereby adopted: General Fund $3,669,974 Fire Bonds 90,750 • 2) Pursuant to State Statutes, the following proposed 1997 property tax levy (net levy after deducting homestead and agricultural credit aid) is hereby adopted: General Fund $1,560,682 Fire Bonds 90.750 Total $1,651,432 3) A public hearing on the Proposed 1997 Budget and property tax levy will be held at 6:00 p.m. on December 4, 1996 in the Council Chambers at City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Should it be necessary to continue the meeting at a later date, such continuation meeting will be held at 6:00 p.m. on December 11, 1996 in said Council Chambers. ATTEST: Mayor (SEAL) IIIClerk-Administrator Preliminary information has been obtained from the County relating to tax capacity valuations 0 and fiscal disparity which will be used to calculate the 1997 property taxes. The City's total tax capacity valuation increased$267,551 or 4.75%. After factoring in the fiscal disparity tax capacity valuation,the net local change was $153,059 or 3.3% (i.e. the benefit the City receives from fiscal disparity decreased from prior years). After factoring in fiscal disparities, if the City kept its tax capacity rate at the same rate as the 1996 rate,property tax collections would increase $32,100 or 2%. The State's property tax system, especially in the metropolitan area, is somewhat complex, in that there are numerous factors which dictate a property owner's actual taxes and change in property tax from the previous year. Property has different classifications (residential, commercial, etc.) each of which has a different tax capacity percentage. Even within classifications, there aredifferent tax capacity percentages (for residential property, the percentage for the first$72,000 is 1%, while the percentage for the value over$72,000 is 2%). Each year, the County can adjust the market value for some or all of the property within the City. Also, there are changes for new construction, changes in use or ownership of property (from residential to commercial, from homesteaded to non-homesteaded, from taxable to tax exempt (i.e. church or government ownership)) and changes in the valuation of commercial and industrial property within the entire metropolitan area(fiscal disparity). As such,most property tax payers actual change in property taxes will vary from the City's change in tax capacity rate or change in total property tax levy. III • . . ill cl ,tel 'or REQUEST FOR COUNCIL CONSIDERATION Agendaectton � STAFF REPORT Report Number: 101 . <;:^; ; Report Date: 9/5/96 • �. CITY COUNCIL MEETING DATE ('s !Skw September 9, 1996 Special Order of Bus. • Consent Agenda rDki0$S,PasineR`n�Q' g Public Hearings —. Council Business Item Description: Quad Ice Rink Project at National Sports Center Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: After last week's meeting with council members from New Brighton, Arden Hills and Shoreview, the message to proceed with pursuing the County's interest in financing a rink at the National Sports Center was clear. This past Tuesday, as I reported at the work session, I sat in on the County Board meeting for their discussion. Some confusion muddled the issue when Paul Erickson of the NSC suggested Ramsey County consider putting $1 million towards two rinks at the Blaine facility instead of building one additional rink in the suburbs for even more money. It appears the commissioners and county staff were expecting a request of $500,000 for one sheet in Blaine and referred the whole matter back to staff for clarification. Since no decision was going to be made by the board last Tuesday anyway, nothing other than an indication of their approval or disapproval was expected. Unfortunately, the impression I had was that the confusion may have dampened their interest. It would still seem however that if the County wishes for a new sheet of ice in the suburbs to offset their decision to help with the Highland rink, that at least one rink in Blaine will be the way to go. Unfortunately, as of this writing, I do not know the status of any of this, and may not know until Monday. As it is, I have had Paul Erickson and Gordie Voss scheduled to attend on Monday evening and make a presentation on the project. Originally, this meeting was intended to bring the project to the community for their reaction, and the Council could decide whether to join in at the September 23 meeting. While I think this still needs to be done, I sense concern from our neighboring communities which are in our group on this rink, that if the County doesn't participate, they may not either. If that is the case, I don't think there will be enough time to regroup and go back to the previous option of having the hockey associations fund the escrow and front the $500,000 for the single sheet. To further complicate this, another rink, the fourth rink is still needed to make this thing go. Brooklyn Park is the community debating whether to commit to that rink. I think Erickson's appeal to the County for two•rinks was a hedge against Brooklyn Park's decision. If the rinks cannot have commitments made to them by the end of the month, the Mighty Ducks funding for the Quad Rink project expires and the whole project may have to wait another year. I will be sure to find out what the County and Paul Erickson come up with by meeting time Monday. ,RECOMMENDATION: Cirnr cr REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number: M ; _ I C iC li Report Date: 9/5/96 ;. CITY COUNCIL MEETING DATE s: s fi:: Special Order of Bus. • a:::.,.,.: September 9. 1996 — • Fess.pasiret�' s _ Consent Agenda �Q Public Hearings —, Council Business Item Description: Anoka-Blaine Airport Issues Status Report Administrator's Review/Recommendation: -No Comments to supplement this report X -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: We will review the discussion that took place at the Tuesday work session for the benefit of the public. Bob Long will again review the status of his findings and the options the City can pursue in holding MAC accountable for the activities at the airport. Amongst these, the Council will recall the ongoing but un- adopted noise abatement plan, concerns about whether the 1980 law holds any of the development plan as a permanent condition for airport operations, and the ensuing utilization of the airport as a base for planes above the lower two classes. Bob also talked about the field rules and the clarifications needed in interpreting the decree with MAC attorney Tom Anderson. As of this writing, I have not contacted the City's Airport Committee, but intend to before Monday's Council meeting. I will also be in contact with the neighboring communities. • ditorki,n_q_ ChuckWhiting, Cinistrator • RECOMMENDATION: III CM u O REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number: (�U UO Report Date: 9/9/96 iloCITY COUNCIL MEETING DATE — • (. � ? September 9, 1996 _ Special Order of Bus. °e.e,s_ tSr`Q' Consent Agenda Partn@ — Public Hearings X Council Business Item Description: Pedestrian Bridge Surface Water Pond Administrator's Review/Recommendation: -No Comments to supplement this report X -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Staff spoke with Aris from BRW Inc. to request reviewal of the proposals submitted by SEH for the removal of the surface water pond adjacent to the Bridgeman's property. Of the first two options available, Aris preferred option two as this would allow an additional 1.5 to 2 feet of fill to the pond. Aris further suggested that approximately an additional $3,000 be added to the design to allow for some type of decorative rocks to placed around the stand pipes. This would enhance the aesthetics of the pond. At this point, staff would request authorization to negotiate design and construction engineering and management of the project with either SEH or BRW. Staff is in the process of scheduling a meeting with the iiko firms to discuss the best method of handling this part of the bridge project. Staff will seek Council's proval of the additional project upon the completion of the discussions with both firms. K---\ _ 4A,../:,.. „a„,-- Michael Ulrich, Director of Public Works RECOMMENDATION: Authorize staff to negotiate services for design, construction engineering and management to implement option no. 2 for the removal of the surface water pond adjacent to the Bridgeman's property and present the ontract to Council for consideration. ;,„-\/,-----1 N T E R i MEMO OFFICE To: Mayor and City Council ,\?,,,r- . From: Pamela Sheldon, Community Development Director Subject: Public Hearing on Ordinance 588: Development Contracts Date: September 5, 1996 On August 12, 1996, the City Council seta public hearing for August 26, 1996 to consider adoption of an ordinance amending Section 1006.06, Subd. 4 of the Municipal Code. This section concerns a requirement for development contracts prior to approval of any subdivision, rezoning, special use permit, license or any building permit. This issue had been discussed with Planning Commission, and at their August 7 meeting, staff presented a concept of how the ordinance would be amended. Planning Commission asked to see the ordinance in its final form before making the Commission's recommendation to City Council. • On August 26, 1996, staff requested and the City Council agreed that the public hearing be tabled and rescheduled for September 23, 1996, to accommodate the Planning Commission's request. We have since discovered that a notice for the August 26 hearing was not published. Because of the press of other business, we have not had a chance to draft an ordinance proposal for the Planning Commission to review. At this time we do not have a definite date on which this item will be before City Council. Since the original hearing scheduled for August 26 was not noticed, we will not be showing this item on your agenda on September 23. 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Decisions are based on this information, as well as City policy andpractices, input from constituents and a Councilmember's personal judgement If you have comments,questions or information regarding an item on the agenda,please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor"item on the agenda. Please state your name and address for the record. All comments are appreciated A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. • 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke _Quick _Hankner _ Trude _Blanchard 4. Agenda Additions Item 1: Item 2: Item 3: 5. APPROVAL OF COUNCIL MINUTES: September 9, Regular Council Meeting COUNCIL ACTION: A T D Comments: • AGENDA • PAGE THREE SEPTEMBER 23, 1996 HVAC Associated HVAC, Inc.-Renewal Sun Mechanical-Renewal Clarion Contracting-New Fireplace Showroom-New Thirty-Twenty Manufactured Home Sales-New • Sewer/Water Glenn Rehbein Excavating, Inc.-Renewal J.B. Diggers, Inc.-New Asphalt Bituminous Roadways, Inc.-Renewal Webster Company, Inc.-Renewal Blacktop Paving of MN, Inc.-New COUNCIL ACTION: Comments: 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Citizens'comments are encouraged to allow individual citizens to address the Council,as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens'Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link a speaker is limited to three(3)minutes. commemporposnorMARPUNiffatEMINMENEE • AGENDA PAGE FIVE • SEPTEMBER 23, 1996 C. Consideration of Resolution No. 5011 Authorizing Acquisition of Real Property. Staff Report No. 96-1844C. (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A TD Comments: D. Consideration of Resolution No. 5004 Approving a Minor Subdivision to Create Two Lots for Erik Anderson at 8021 Eastwood Road; Planning Case No. 454-96. Staff Report No. 96-1847C. (Staff Presenter:Pam Sheldon, Community Development Director) COUNCIL ACTION: A TD Comments: E. Consideration of Resolution No. 5009 Initiating Eminent Domain Proceedings and the Use of Quick Take Process Under Chapter 117 of the Minnesota State Statutes for an Easement on a Portion of the Property Located at 5235-2585 Highway 10 and Identified by PIN# 07-30-23-11-0079 for Construction of a Pedestrian Bridge Over Highway 10. Staff Report No. 96-1848C. (Staff Presenter:Pam Sheldon, Community Development Director) COUNCIL ACTION: A TD Comments: F. Consideration of Resolution No. 5010 Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. Staff Report No. 96-1849C. (Staff Presenter: Pam Sheldon, Community Development Director) COUNCIL ACTION: A T D • Comments: AGENDA PAGE SEVEN IMO SEPTEMBER 23, 1996 K. Consideration of Resolution No. 5014 Appointing the Clerk-Administrator as Voting Delegate for the City of Mounds View at the Annual Business Meeting of the National League of Cities. Staff Report No. 96-1854C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: L. Consideration to Reschedule October 7, 1996 Work Session to September 30, 1996. StaffReport No. 96-1855C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 111 M. Review of the Bel Rae Survey Status and Scheduling of a Fall Public Meeting. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 12. REPORTS 1. Report of Councilmembers: Trude: Hankner: Blanchard: Quick: • 2. Report of Mayor Linke: • MEMORANDUM . To: Mounds View City Council From: Cathy Bennett,Economic Development Coordinator Subject: Addition in EDA Agenda Date: September 23, 1996 Since the EDA packet was completed prior to the Council packet, I would request that an item be added to the agenda to address the purchase of tax forfeiture lands with tax increment funds. The information regarding the property will be presented as item 11G under council business. The staff recommendation is for Council to recommend the EDA purchase the properties as part of the housing replacement program. I have attached resolution no. 96-EDA54 which would approve and authorize the purchase of both properties for an amount not to exceed$45,000 using tax increment funds. O cc: Chuck Whiting • 771 AppRovLu Page 1 4110 August 26, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting August 26, 1996 Mounds View City Hall 2401 Hwy. 10,Mounds View,MN 55112 • CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m.on August 26, 1996. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Trude, Blanchard,Quick and Hankner ALSO PRESENT: Chuck Whiting,City Administrator Pamela Sheldon,Community Development Director ADDITIONS TO THE AGENDA: Ms.Trude asked that one item be added to the Agenda, 11(C),Resolution Authorizing the Scheduling of Certain Meetings of Residential Groups in the BelRae. APPROVAL OF MINUTES: a. August 12, 1996 Regular City Council Meeting. Ms.Trude noted one correction to the minutes. Page 12,Line 45 should be changed to read"5 ayes,0 nays, Motion Carried". MOTION/SECOND: Trude/Quick to approve the minutes of the August 12, 1996 Regular City Council Meeting AS AMENDED. VOTE: 5 ayes 0 nays Motion Carried ' III • Page 3 • 410 August 26, 1996 Mounds View City Council Sign Universal Sign,Inc.-Renewal HVAC Metro Gas Installers-New Kennel-Renewal Sham-O-Jet Kennels-Commercial Richard and Julie Oliverius-Residential Mary Niezgocki-Residential MOTION/SECOND: Trude/Blanchard to approve the Consent Agenda as presented. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR. Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. 1111 Duane McCarty, 8060 Long Lake Road,stated he had a couple of questions in regard to the Anoka County Airport that have come to mind since the last council meeting,in particular in regard to the 1980 law that the city relied upon to hold the Anoka County Airport within its minor classification. He stated the Metropolitan Airports Commission has said that the 1980 law did not specifically say that they must maintain that given development guide at that particular point and time. Mr.McCarty asked if there has been some discovery that would support MAC's position on this issue,and secondly the court decree mentioned that MAC should proceed in accordance with the law and the 1980 master plan-so he questions whether or not that master plan was totally compliant to the 1980 law that held Anoka County Airport to its minor status. Therefore the two issues he feels must be addressed are the 1980 law's application to the development guide at that time and whether or not the 1983 master plan is in full compliance with that 1980 law. He would like the city attorney to do some research and answer these questions. PUBLIC HEARINGS: Public Hearing to Consider PUD Amendment to Increase Parking and Development Review for Everest Property at 5251 Program Avenue. Mayor Linke opened the Public Hearing at 7:15 p.m. - Ms. Sheldon,Community Development Director,explained that this request from the Everest Property Management is to increase the number of parking spaces on their property by 35 spaces. The total parking spaces would then increase to 500 spaces. Their desire is to meet the demands of a tenant interested in locating to the business park. The recommendation of the Planning Commission and staff is to approve the request with the following contingencies: 1) that Everest Development,Ltd.enter into a development agreement with the City of Mounds View; 2) that a landscaping plan be submitted and installed,subject to the approval of the City Forester; Page 5 4110 August 26, 1996 Mounds View City Council staff is recommending that the Public Hearing be held as part of the second reading of the ordinance,on September 9, 1996(the date of publication)to make sure that proper notice has been given. MOTION/SECOND: Quick/Trude to continue this Public Hearing on September 9, 1996. VOTE: 5 ayes 0 nays Motion Carried Ms.Hankner wondered if it may be better to hold off on the first reading of the ordinance rather than hold it prior to the Public Hearing. She stated her concern in setting a precedent for future ordinance changes. Ms. Sheldon noted that there is some urgency in getting this Ordinance adopted. She proceeded to go through the changes which were made to the"Flood Plain Zoning"chapter. VOTE: Trude/Blanchard to Approve the Introduction of Ordinance No. 589. VOTE: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: A. Consideration and Formal Introduction of Ordinance No.583,An Ordinance Relating to Therapeutic Massage License Regulations: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514. Mayor Linke asked if a Public Hearing had been set for this Ordinance amendment. Mr. Whiting noted that it had not been set. MOTION/SECOND: Hankner/Quick to set a Public Hearing for the second City Council meeting in September to Consider Ordinance No. 583,An Ordinance Relating to Therapeutic Massage License Regulations: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514. VOTE: 5 ayes 0 nays Motion Carried Ms.Trude noted that some changes need to be made to Ordinance No. 583. There are a number of references to "City Manager"which must be changed to "Clerk Administrator". Mr.Long noted that the formal Introduction of Ordinance No.583 could be approved,and that the necessary changes would be made prior to the second reading. He noted that this amendment will give the city a licensing protection to be able to distinguish"legitimate"massage from other. MOTION/SECOND: Trude/Blanchard to Approve the Formal Introduction of Ordinance No. 583,An Ordinance Relating to Therapeutic Massage License Regulations: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514,and to Waive the Reading. VOTE: 5 ayes 0 nays Motion Carried • B. Consideration of Resolution No.4984,Supporting Cooperative Livable Cities Demonstration Grant Application to Metropolitan Council for I-35W Corridor Coalition Planning Activities. Page 7 4110 August 26, 1996 Mounds View City Council VOTE on Approval of Resolution No.5000 3 ayes 2 nays(Quick,Hankner) Motion Carried REPORTS: Report of Council members: Trude: Ms.Trude stated she had received a telephone call from the head of the Crime Watch of Colonial Village who wished to let the public know that the city has an excellent police force. He commended the department for their quick response to the emergency situations in their neighborhood. Hankner: No report. Blanchard: No report. Quick:, No report. Report of Mayor Linke: "Grandchild is doing great!" Report of Clerk Administrator: Mr.Whiting asked when the Council would like to hold the Work Session in regard to the Bel Rae issues. Ms.Hankner stated she felt the Council should wait until the resident surveys come back so that there will be new information from residents on what they would like to see at the Bel Rae and what they will be willing to pay for. Report of Attorney: Mr.Long stated he had received a letter from Tom Anderson,and that no determination has yet been made but the city is still gathering information about MAC's compliance with the decree. The city has not been provided with copies of two particular documents that they have been required to implement as part of the decree. The city is taking the concerns expressed by citizens of the community very seriously and he hopes more information will be available at the next council work session. Mayor Linke noted that the next Council Work Session will be held on Tuesday, September 3, 1996. The next Council Meeting will be held on Monday,September 9, 1996. Mayor Linke adjourned the meeting at 8:03 p.m. Respectfully submitted, 1/4 n 71 y c e 616 e-/fr- Tamara D. Saefke Recording Secretary 7A , Q a RESOLUTION NO. 5018 CITY OF MOUNDS VIEW ' COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION PROCLAIMING OCTOBER 6 - 12, 1996 AS CITIES WEEK IN MINNESOTA WHEREAS, The daily accomplishments of cities, their officials and volunteers provide the cornerstone for creating, supporting, and building the well-being of our communities; and WHEREAS, Most Minnesotans now live in cities, and it is there that the democratic process is most closely seen and understood; and WHEREAS, Decisions made by Congress and the Minnesota State Legislature impact our municipal governments and the quality of life in our cities and neighborhoods; and WHEREAS, Constructive discussion of the impact of these national and state issues will educate both political candidates and citizens and may lead to a sense of common community purpose; and • WHEREAS, The Cities Week 1996 theme Making Cities Count - Preserving Our Quality of Life offers an important opportunity to educate citizensabout the important work that cities do and to discuss the impact of national and state decisions on cities' quality of life; NOW, THEREFORE, BE IT RESOLVED, I, Jerry Linke, Mayor of the City of Mounds View do hereby proclaim October 6 -12, 1996 to be CITIES WEEK in Minnesota. ATTEST: . Mayor Linke Clerk-Administrator Chuck Whiting (SEAL) 110 CM CF REQUEST FOR COUNCIL CONSIDERATION Agenda Section ar STAFF REPORT Report Number: /MU.'G ©U ®Su Report Date: 9/19/96 CITY COUNCIL MEETING DATE „. DEW September 23. 1996 Special'Order of Bus.X Consent Agenda rota'"-PartnecsAS Public Hearings Council Business Item Description: Approving Resolution No. 5013 Approving a Wage Adjustment for Dawn Weitzel, Administrative Intern/Interim Deputy Clerk Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Dawn Weitzel,Administrative Intern/Interim Deputy Clerk,has been working with the City since July 10, 1995. Ms. Weitzel performance has been satisfactory and staff is recommending a wage adjustment consistent with the City's Compensation Policy. Her position is currently at$10.00/hr with no benefits. Staff recommends an increase to $10.75/hr. s I briefed the Council at a recent budget work session,I am proposing to reorganize the Administrative ice. This intern position will be eliminated once Dawn leaves the City's employment. In its place I will propose an office secretary/administrative position(similar in responsibilities to Barb Benesch and Tracy • Juell). This wage adjustment request is simply based on the City's policy for regular positions. Whereas adjustments are made at six months and one year of employment. Dawn did receive a$.75 an hour adjustment after working here for six months. I am proposing this adjustment to be effective at her one year date. Chuck Whiting, Clerk A ministrator COMMENDATION: Motion to waive the reading of Resolution No. 5013 Approving a Wage Adjustment for Dawn Weitzel, Administrative Intern/Interim Deputy Clerk • RESOLUTION NO. 5013 CITY OF MOUNDS VIEW COUNTY OF RAMSEY • STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR DAWN WEITZEL ADMINISTRATIVE INTERN/INTERIM DEPUTY CLERK WHEREAS, Dawn Weitzel has been an employee for the City of Mounds View in the capacity of Administrative Intern since July 10, 1995; and WHEREAS,Ms. Weitzel's work performance has met the responsibilities of Administrative Intern as outlined in the job description; and WHEREAS,her work performance has been determined to be satisfactory; and WHEREAS, a wage adjustment for this position is recommended. • NOW,THEREFORE, BE TT RESOLVED that the City Council of the City of Mounds View hereby approve a wage adjustment for Dawn Weitzel from$10.00/hr. to $10.75/hr. effective July 10, 1996. Adopted this 23rd day of September, 1996 ATTEST: Mayor Linke (SEAL) Clerk-Administrator Chuck Whiting 41110 `JY Or CITY OF MOUNDS VIEW Agenda Section 10 11 A REQUEST FOR COUNCIL CONSIDERATION Report Number Q—I Z 0 •in STAFF REPORT Report Date: 9/19/96 40A • �. �" C ;i COUNCIL MEETING DATE _ Special Order of Bus. p�er44•p„tpe�+�4` September 23. 1996 Consent Agenda X Public Hearings )X Council Business Item Description: Public Hearing and Adpotion of Ordinance No. 583, An Ordinance Relating to Therapeutic Massage License Regulation: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514 Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: A public hearing is scheduled for 7:05 p.m. for Ordinance No. 583 regarding the regulation of therapeutic massage. No changes have been proposed to the draft, and no comments have been received by staff to date. Council members are asked to bring their copies of this draft ordinance or call me for a copy for the meeting. This is simply to avoid further copying costs. • ci,., Chuck Whiting, City dministrator 0 RECOMMENDATION: After the public hearing, if no comments lead to changes in the draft, approval of Ordinance 583 is requested. , CM OF CITY OF MOUNDS VIEW Agenda Section i i 111 REQUEST FOR COUNCIL CONSIDERATION Report Number: 436 I1u/ DRUB STAFF REPORT Report Date: 9/18/96 illA"•,, M\ COUNCIL MEETING DATE _ Special Order of Bus. �oj're�t-Partners' September 18. 1996 Consent Agenda Public Hearings . X Council Business Item Description: Introduction of Ordinance No. 96-591 Relating to Licensing,Amending Title 500, Chapters 502 and 503, Sections 502.03,502.06,502.07,503.03,503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) , Summary: To dispense alcohol for special events by non-profit groups and for private parties at the Bel-Rae, Ordinance No. 96-591 creates a licensing procedure to regulate the use of alcohol on City Property. The ordinance requires that a temporary liquor license be issued to current liquor license holders in the City or Adjacent Cities for each event that would be held on City Property. The City would set a fee for the temporary license per resolution, which will be brought forth at the next regular Council meeting. essction 502 deals with the issuance of a license for on-sale intoxicating liquor and Section 503 deals with the uance of a license for nonintoxicating malt liquor. To be eligible for a temporary license, the licensee must currently hold an intoxicating and\or nonintoxicating liquor license with the City of Mounds View or an adjacent City. In addition, the temporary licence holder must hold an insurance policy for$1 million dollars and name the City of Mounds View as an additional insured on that policy. This is a larger insurance amount from the regular liquor licence because the event is held on City property. The amount of insurance was provided per our insurance carrier through the League. This is the introduction of Ordinance No. 96-591 with the final reading and adoption scheduled for October 14, 1996. edytifee,A,rue..4___ Economic evelopment Coordinator 4111 . COMMENDATION: Waive the reading and make motion to Introduce Ordinance No. 96-591 Relating to Licensing, Amending Chapters 502 and 503, and Adding New Subdivisions to the Municipal Code. • new paragraph Sec. 2 Sectiontoread: 502.06, subd. 2 of Mounds View Municipal Code is amended by adding a Subd. 2 Fees: c. The fees required for the temporary licenses described in Section 502.03. Subdivision 6 and 7 shall be established by resolution of the City Council and shall be paid prior to the effective date of the license. Sec. 3. Section 502.07 of the Mounds View Municipal Code is amended by adding a new Subdivision 1 e. to read: e. Temporary License for Event on City Property: One Million Dollars ($1.000,000) for injury to any person in each occurrence as a result of the sale or dispensing of non-intoxicating malt liquor or intoxicating liquor under a temporary license issued under Section 502.03, Subdivision 6 and 7 for events on property owned by the City shall be named as an additional insured. The license holder under this paragraph shall hold the City harmless and agree to indemnify the City for acts of the license holder. Sec. 4. Section 503.03 of the Mounds View Municipal Code is amended by adding a new subdivision 3 to read: • Subd. 3 Temporary Non-Intoxicating Liquor Special Events License. A temporary special event non-intoxicating license may be issued for the retail sale of non-intoxicating malt liquor for consumption on the premises and during the time of the special event. A special event license may be issued to a club, or charitable. religious or other non-profit organization which has been in existence for at lease three (3)years, or to an organization contributing all of the profits of the sale of non-intoxicating malt liquor to a charity, or to any business holding an on-sale license to sell non-intoxicating malt liquor issued by the city of by an adjacent city. The license shall specify the date,time and place and premises of the special event. A special event non-intoxicating license is not transferable. Sec. 5. Section 503.06, Subd. 3a. of the Mounds View Municipal Code is amended to read: a. The annual fee for an on-sale, Tem.or. Non-Intoxicatin• S secial Events License, and an off-sale license shall be established by resolution of the City Council. 0 WY Of CITY OF MOUNDS VIEWAgenda Section 1 :_ . REQUEST FOR COUNCIL CONSIDERATION Report Number: t � G I 101DS STAFF REPORT Report Date: 9/18/96 i -4:. f COUNCIL MEETING DATE _ Special Order of Bus. •A ,9,, Consent'Partne�K�es September 18. 1996 _ Consent Agenda Public Hearings X Council Business Item Description: Consideration of Resolution No. 5011 Authorizing the Acquisition of Real Property. Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Currently the Mounds View Economic Development Authority(EDA) legally owns the Bel-Rae building and land. The EDA is a separate corporate body, legally and politically, from the City of Mounds View. It is recommended by Attorney Bob Long that the City legally acquire the property to enable full authority when managing and administering recreation programs and special and private events. In addition, by having the same entity own and operate the facility, double liability exposure is not an issue. The attached resolution authorizes City staff to take the necessary step to acquire the Bel-Rae property from 110 the EDA for$1.00 by quit claim deed. mmediately following the Council meeting the EDA will consider a resolution which will convey the Bel- Rae property to the City for$1.00 by quit claim deed. • CAP i-041/1 4 Economic Development Coordinator RECOMMENDATION: Approve Resolution No. 5011 Authorizing the Acquisition of Real Property 0 EXHIBIT A TO RESOLUTION NO. 5011 LEGAL DESCRIPTION OF SUBJECT PROPERTY Lots nineteen(19),twenty(20), twenty-one(21) and twenty-two (22), and that part of Lot sixteen(16) lying north of a line drawn between the southeasterly corner of Lot nineteen(19) and the southwesterly corner of Lot four(4), except the East sixty-six(E.66) feet of said Lot sixteen (16), all in Block five (5), Pinewood Terrace No. 2, according to the plat thereof filed of record in the office of the Registrar of Titles within and for Ramsey County. • Together with all easements appurtenant thereto, all gaps, overlays, and gores contained therein, and all streets and alleys, vacated or to be vacated, which may accrue thereto upon vacation. 4110 •• a C:}�O9 REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number: 9 b– I Li 7 C ; J i;, t; ; Report Date: 9/20/96 ;. CITY COUNCIL MEETING DATE — • :gz Sep-km/Lk/1 z3 +61 To Special Order of Bus. — `°aesr Paft��sh,4' Consent Agenda Public Hearings X Council Business Item Description: Consideration of Resolution No. 5004 approving a minor subdivision to create two lots for I Erik Anderson at 8021 Eastwood Road; Planning Case No. 454-96. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. . Explanation/Summary(attach supplement sheets as necessary) Summary: The applicant, Erik Anderson, is requesting approval for a minor subdivision to create two lots from property located at 8021 Eastwood Road. The City's Subdivision Regulations allow for approval of a surveyor's certificate in these situations. A copy of the surveyor's certificate showing the proposed lot split is attached. The existing property contains 38,114 square feet (0.87 acres) and is located in the R-1 single family residential district. Each of the two lots to be created will measure 82.5 feet by 231 feet and will contain approximately 19,057 square feet. The required lot width is 75 feet, and the required lot area is 11,000 square feet, both of which are exceeded by the applicant's proposal . 0 e Mounds View Subdivision Regulations require that drainage and utility easements be provided when perty is subdivided (Section 1203.04). We have learned that Ramsey County will not accept dedication of easements from a surveyor's certificate or land survey. Therefore, a separate easement agreement must be signed by the applicant and recorded with Ramsey County for this easement to be reserved. An easement agreement has been prepared and provided to the applicant. It is our hope that it will be executed prior to your meeting on September 23. We have included a contingency in the attached resolution to address this issue if the easement has not yet been signed. The surveyor's certificate includes a note that drainage and utility easements have been dedicated by a separate recorded easement, so their existence is known. There is an existing driveway on Parcel A which encroaches in the proposed drainage and utility easement. The applicant has agreed to remove this portion of the driveway prior to the City Council meeting on September 23. A contingency regarding this item is still included in the resolution to assure removal prior to recordation of the lot split. This contingency may be deleted if staff is able to report that the driveway has been removed by the time of your meeting. The applicant has paid the $100.00 park dedication fee. The Planning Commission recommended approval of this application (see attached resolution). OlVntAAA-- Stua,d4-?,______, Pamela Sheldon, Community Development Director OMMENDATION: Adopt the attached resolution approving a minor subdivision for Erik Anderson, 1 Eastwood Road; Planning Case No. 454-96 MIMIC..Vmiar,nLarTV1CZ!81aaus(1974) Individual(s)to Individual(s) . t - No delinquent taxes and transfer entered;Certificate of Real Estate Value( )filed( )not required Certificate of Real Estate Value No. .19 0 County Auditor qty • STATE DEED TAX DUE HEREON:S 280.50 Date: July 25 ,19 96 (reserved for recording data) FOR VALUABLE CONSIDERATION, Mary K. Siemon, a single oerson ,Grantor(s), 02m a.rams) hereby convey(s)and warrant(s)to Erik A. Anderson tzar property in Ramsey ,Grantee(s), Lot 61, Spring Lake Park Hill Addition, Ramsey County, Mnneunty,�sotat�dasfollows: • • 01 mots spats is needed,wnanns oa bade) to ether with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: ,,,, , z,..,,,z, Mary K. kSiemon Affix Deed Tax Stamp Here • • STATE OF MINNESOTA COUNTY OF Ramsey } The foregoing instrument was acknowledged before me this 25th day of July ,19 96 by Mary K. Siemon, a'sincle oerson �- �" ,Grantor(s). NOTARIAL STAMP OR SEAL.(OR OTHER mix OR RANK) /`� :11tae'li ..,,.. SIGNATURE OP'�'ERSON TAKING ACKNOWLEDGMENT 1 t .. LINDA R.MITCHELL " Tu th Statements for e tat desaibed in this instrument shouldt `; Hotsnr oUAUe••MttutEMtA be sem to(Indata mow sod address of Gnnteeb i Erik A. Anderson 8021 Eastwood Road THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESSj: Moundsview, MN 55112 Equity Title Services AND 6800 France Ave. South Edina, MN 55435 I . MINOR SUBDIVISION FL,: ERIK ANDERSON . • LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER TEE LAWS OF STATE OF MINNESOTA 7501 73rd&weans Perth lOsualcopolla.lifors000to 35423 Iltrurgrrrs Qltrtifira r t B12-580-3093 Fax No.560-3522 - . . • . - . . . . 0 • . Registered Land Survey No. I Registered Land Survey for [ I-s -i._ at 531 Lot 61.Spring Lake Park Nil/view Parcels A and B . . . . 44 1 • . ' . .... . .;....: . . ‘,:.:•••• .]. . .. .'i F.7..; I: .. •----231.0 N90°00'00"E - - GI - .•-•••-- / . r • . .. • . < I. vif...1.1..!......... ' . • - :S - . .. _ • N.• 0 . .. . 54 CC 24:. . . ! . . - ; . 20. ‘'........''5 5,!! : ',. :7 • ier -1 . . ; . . • . z 1. 0 :..:: v.)• • :.s ra r5.6 . = :. rk; PA R C E L Lt.spor t• !R c C.':. A •t CD • t•,: -:.- 4.2 .„ c.4',, • 24 .!';', "N'" I cc 23.5 -,-{ .../ . ,......N .. i . 6 1 . 1.. Y.Ili 0 Ll Tr •• . .1 . • . t - NN ...,:..--7-----1 . - • . , . t U./ .- .•• .. - —_.E31.0- N 900000"E __''.:_..—•, _ • 4 - .. , ,• Lc, ••.. • -• ---;. I 0 C 0 . r • 0 1 z 1 7:- .. 0 c-., I 0 PARCEL .t.-;- B - : 6 in. ----1 -... • Sm•.; . I— i . I .., i 1 I. , . , .;! .;a.... . --....e.r../..1 •I ;i:1 . 10• 1 ; III < ILI ! :1•-• 572 -• -v, '2 . —.-.- ,,..—.. ti... .• 1 ' • ... '7-- .._ --. -—7.-....- —,, ——— 231.0 S 90•00.00"W—--.• I r., ....j -.-..........'i . . ..r I. sp,,r I .. i : N?75553 . CI 4447, aty Cauca Approval 742-12 I do bereby certify that on the da v of .19_.the City Council of the Circ Monads Vic«m amuse,.Canny.Mama=approved this reamed land survey.Monuineets re as Survey Notes: shown on the reassured laid survey aid shall beset as stoma airmen Pared A aid Patel B. ding to 1.PnspatA1 d Rood . Minnesota Stansics.SO:11011 505 02.Send.I. y ddles':$02Estreoci 2.Property zoned R-1 Rthadasnal 3.Taal nee of property v.31.114 Sq.Ft.(017 Aaes) lerty Lasicr-Mr.ect Lzga1 Damodar . Lot 61.Sprteg Like Part Halm., ATTEST. Parcel A-(19.057 Sq.Ft.) The oar*MS&a.as niensurod SIMS the eaa and Wert lines 34,33i•Of Lac 61.SPRING LAKE PARK HILLVIEW.Anoka Chuck Munn&City Clerk-Adnuniarawr MAIM Manama.according to the recorded pia thenmE Department a Property Taxation Peal B-(19.057 Sq.Ft.) Taxes payabie in the year 19 cm the land heron deathbed have been paid.also there are no delinquent times and mask:mead this— day of 19 . . . That pen of Lot 6l SPRING LAKE PAX(HILLVIEW.Anoka ... County,Miasmta.according to the roxided plat thereof lying —.. •••--- •- - sash of the north*2.5 fax as motetred an the ant mod oiest • • . _ ., _..._ --.---Omennient of Property Taxation:--iv7,,-,:•••,a_-,--•,..:..-- ' ' .--_._. ..... . •• •- - - - .7..-:,.:.-: :::=,.-:,;.•4--...,.. .S-17i.,;..v--- • . . . — . . •Deata ..... . •-- . - ......... ' . :_.- .. Comity Surveyor Certi6este - • PICAS=oa Minnacta Statute'.Sana 3R3A.42.lbis regusered land survey has Men examined and to • approved this Oa!"of p .4 the condemns of Minnesota Sanaa.Scam .. . . . 505.03,Subdivision 2,have born fulfilled. - ' '-• •-*-- . 1110 _ . . . • ' . - Deed13 Cannot.R.LS. • 7 • - . . . . ' • Y Coun:F SurveYdr -.•• • - ,........ . • i Coining information mon Se ensessel intr1 ciOlisettiost Ousainq _ Carey Registrar a Tide'Certificate trs excavation no.Construction -_,...,- .__, - - Registrar anat.Canny of Rainey,Staten(b4•1;-.asetit-. • ".".""t"'"' fr"."c''''u-Of'''''''w'r"°"""" ' 1 busby certify that Usis itein.di....d&r.yge:" - v.a tiled in this office this day of -- Oy Owl. ,19 .at .. o'dadi2114.as Oteurrem Number -•. .... . .. • sy ca-hip that Or is a nos at.caret rittfrosontatiOn of .. . . ...... —• .: -' ; :7.:- of al Swarms owl cIortie enapeerwels.if....anyararn a 4..7-..ri...---71.:..-:-.. ..._ -. .....;:,....,.. ... ... .. . Planning Commission Resolution 472-96 • September 4, 1996 Page 2 • 3. The City Council resolution of approval, the land survey and the drainage and utility easement be recorded with Ramsey County within sixty(60) days of final adoption, and present proof of such recording to the City of Mounds View, or this approval shall be null and void. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 4th day of September, 1996 • Jerry Peterson, Chairperson Mounds View Planning Commission ATTEST: • (SEAL) Pamela Sheldon Community Development Director City Council Resolution 5004 • September 23, 1996 Page 2 • final adoption, and present proof of such recording to the City of Mounds View, or this approval shall be null and void. Adopted this 23rd day of September, 1996 Jerry Linke, Mayor ATTEST: (SEAL) Chuck Whiting, City Clerk-Administrator 0 410 =I�1: REQUEST FOR COUNCIL CONSIDERATION Agenda Section I p REPORT Report Number: (D O L I ISTAFF UNIT: r Report Date: 9/19/96 CITY COUNCIL MEETING DATE .— al li., i:;E?S?7 September 23, 1996 - Special Order of Bus. .1. Consent`Part»tot4s Consent Agenda _ Public Hearings X Council Business Item Description: Consideration of Resolution No. 5009 initiating eminent domain proceedings and the use of the quick take process under Chapter 117 of the Minnesota State Statutes for an easement on a portion of the property located at 2535-2585 Highway 10 and identified by PIN#07-30-23-11-0079 for construction of a ' pedestrian bridge over Highway 10. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The City is pursuing construction of a pedestrian bridge over Highway 10 at Long Lake Road. A bridge design has been developed by BRW;a consulting firm, and a citizens committee. Progress on this project depends on obtaining easements from adjacent property owners for the location of bridge abutments and for construction. One of the easements is for the bridge abutment on the north side of the highway on property which is part of Mounds View Square shopping center. Staff has discussed acquiring an easement with the property owners. The owners are concerned about the effect of the bridge placement on the visibility of the Ilkopping center and its sign. They have asked whether the City could, in exchange, approve a sign variance as ell as the addition of square footage to the shopping center. We have been advised by the City Attorney that the approval of a variance cannot be guaranteed through an easement agreement, but the variance request ' must go through the normal process. At your study session on September 3, 1996, staff presented several options for acquiring this easement. Staff is suggesting that the City Council pursue two of these options at the same time, to assure that the easement will be obtained within the necessary time frame. Option 1: The property owners intend to submit an application for a conditional use permit regarding joint use of parking, and variances for a new center identification sign and for revised parking ratios. We have estimated that the variance requests could be before Planning Commission, and the CUP before City Council by the end of November or beginning of December. Our consultant working on the bridge, Sabri Ayaz, has told us that the easements need to be acquired by December 15. This schedule will allow the property owners to know the decision on their requests in time to grant an easement, before the December 15 deadline. Option 2: As insurance at this point, the City Council would initiate eminent domain proceedings for acquiring the easement using the"quick take" process. This process takes 90 days, and once initiated, will result in the City receiving the easement. A resolution has been prepared authorizing the acquisition of this easement. (14AVILL JAWA-Ari\-- • arriela Sheldon, Community Developent Director ilCOMMENDATION: Adopt the attached resolution authorizing the acquisition of property by proceedings in eminent domain. i CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 5009 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN Section 1.. Recitals. WHEREAS, the City of Mounds View(the"City")wishes to construct a pedestrian bridge across Trunk Highway 10 in the City to provide for the safe and efficient movement of f pedestrians across that road; and, WHEREAS, the City Council has approved the plans and specifications for construction of the pedestrian bridge. In order to complete construction of the bridge in accordance with those plans,it is necessary for the City to acquire the real estate easements described in Exhibit A attached hereto (the"Subject Property"); and, . WHEREAS, the City has made attempts to negotiate with the owner of the Subject . Property and has failed to agree upon terms of the purchase; and, WHEREAS, the owner of the Subject Property is requesting a substantially larger purchase price than the City believes is reasonable; and, WHEREAS, the City Council further finds that acquisition of the Subject Property through the exercise of eminent domain is necessary for the completion of the pedestrian bridge and that such an exercise of eminent domain would be for a public purpose. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby authorizes the City's staff and the City Attorney, Kennedy& Graven, to take all necessary actions to acquire the Subject Property through eminent domain proceedings and through use of the"quick take" procedures, as described in Minnesota Statutes 117.042. Adopted this 23rd day of September, 1996. Jerry Linke, Mayor ATTEST: 0 (seal) Chuck Whiting, City Clerk-Administrator The undersigned, being the duly qualified and acting City Clerk of the City of Mounds 40View, Minnesota, hereby certifies that the foregoing is a true and correct copy of a resolution on file and of record in the offices of the City, which resolution was duly adopted by the Council at a regular meeting of the Council held on September 23, 1996. Said meeting was duly called and regularly held at the place at which meetings of the Council are regularly held and the meeting was open to the public, a quorum of the Council being present and acting throughout the meeting. Council member introduced and moved the adoption of the foregoing resolution, which was presented in writing and was either read in full or the reading thereof was dispensed with by unanimous consent of the Council, which motion was seconded by Councilmember . A vote being taken upon the motion, the following members of the Council voted in favor of adopting the resolution: and the following voted against the same: . Whereupon said resolution was declared duly passed and adopted and was thereafter approved by execution by the mayor, as attested by the undersigned. The foregoing resolution remains in full force and effect, and no action has bene taken by the Council which would in any way alter, amend, or repeal the resolution. 0 WITNESS MY HAND officiallyas the CityClerk of the Cityof Mounds View, Minnesota this day of , 1996. Chuck Whiting, City Clerk-Administrator City of Mounds View, Minnesota (seal) 1 III 4 EXHIBIT A Legal Description of Subject Property That part of the Northeast Quarter of Section 7, Township 30, Range 23, Ramsey County, Minnesota, lyingnortheasterly of the northeasterly right of way line of the 225 foot wide right of way of Trunk Highway 10, as currently established,westerly of the westerly right of way line of the-66 foot wide right of way of Long Lake Road and southerly of the line described as follows: Beginning at the point of intersection of said northeasterly right of way of Trunk Highway 10 and said westerly right of way of Long Lake Road; thence northerly along said westerly right of way line of Long Lake Road for 121.00 feet; thence deflecting to the left 90 degrees for 87.24 feet; thence southwesterly and perpendicular to said northeasterly right of way line of Trunk Highway 10 to a point on said right of way line of Truck Highway 10 145 feet northeasterly of the point of beginning and there terminating. • . RESOLUTION NO.96-EDA54 . CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR REDEVELOPMENT PURPOSES It is hereby resolved by the Board of Commissioners (the Board) of the Mounds View Economic Development Authority(the Authority)as follows: 1. RECITALS: (a)the Authority has the powers provided in Minnesota Statutes, Sections 469.124 to 469.124 and 469.090 to 469.108 (collectively the Act). (b)Pursuant to and in furtherance of the objectives of the Act,the Authority has undertaken a program to promote development and redevelopment of certain land within the City of Mounds View and in this connection is engaged in carrying out the Mounds View Economic Development Project(the Project)within the City. (c) There has been approved pursuant to the Act of Project Plan for the Project. • (d)The redevelopment and development of property are stated objectives of the Project Plan. (e) The Authority desires to acquire two tax forfeited lands located in the City on County Road H2 identified by parcel numbers 07-30-23-32-0016 and 07-30-23-32-0004 for a total amount not to exceed$45,000. 2. The Board hereby determines that the purchase of the tax forfeited lands would be in furtherance of the Project Plan and hereby approves and authorizes said actions. 3. The Board hereby determines that the acquisition of the two tax forfeited lands will help realize the public purposes of the Act and is in furtherance of the Project Plan. Adopted this 23 day of September, 1996. ATTEST: President (SEAL) ( &-1 i r• l' E#5 Director • t3er vsy; REQUEST FOR COUNCIL CONSIDERATION. Agenda Section STAFF REPORTReport Number:f aril/G Oljai;;2 Report Date: 9/19/96 0 '• CITY COUNCIL MEETING DATE tai; Special Order of Bus. (i °;„ September 23, 1996 _ r S Consent Agenda t-ejs-Partaetos Public Hearings 7 Council Business Item Description: Resolution in support and agreement to participate in the 1997 Livable Communities Act Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: By November 15, 1996, each metropolitan city must decide whether to continue to participate in the Livable Communities Act. In order to continue to participate in the Livable Communities Act, each city must submit a resolution in support of the program annually. One of the elements of the Act is the Affordable and Life- Cycle Housing Opportunities Amount (ALHOA)which shows how much each municipality must spend annually to create affordable and life-cycle housing. To participate, each city must justify that they have spent the ALHOA amount toward affordable and life-cycle housing. If not, they must submit the amount to the efetropolitan Council or local housing authority. If a City chooses not to participate and later decides they ant in, they must buy into the program. For example, if five years down the road, a City chooses to participate, they would have to pay the past five ALHOA amounts. For 1997, our ALHOA is $0. Every year they calculate a new ALHOA amount. By participating in the Livable Communities Act, we are eligible to receive funding from three separate funding accounts set up by the Metropolitan Council: Tax Base Revitalization Program, Livable Communities Demonstration Program and Local Housing Incentives Account. The Livable Communities Act was created to take a proactive approach at making communities livable. The three funding sources that they have established could help the City of Mounds View in creating housing programs for our citizens. Mounds View, in conjuction with the North Metro 35W Corridor Coalition, has also applied for a Demostration Grant to address economic development and affordable housing issues in the 35W corridor. Our participation in the Livable Communities Act gives us this opportunity. Attached is Resolution No. 5010 supporting the Livable Communities Act and stating the City of Mounds View will be a participant. 4, Je' ' er B:. gman, H?using Inspector COMMENDATION: Approve/deny Resolution No. 5010 supporting participation by the City of ounds View in the Livable Communities Act for 1997. WHEREAS, for calendar year 1997, a metropolitan area municipality that did not • participate in the Local Housing Incentive Account Program during the calendar ear 1996 can participate under Minnesota Statutes section 473.254 only if (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1996; and (b)the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT the City of Mounds View hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. Dated this day of 1995. A IThST: Mayor (SEAL) • City Administrator 0 we* REQUEST FOR COUNCIL CONSIDERATION Agenda Section 1 STAFF REPORT Report Number: 'iF f' e • it l i it Report Date: 9/19/96 • CITY COUNCIL MEETING DATE - '� ,r- Special Order of Bus. Egan September 23, 1996 s Consent Agenda 1'15'4'-Partner+' Public Hearings X Council Business Item Description: Consideration of the purchase of two tax forfeited properties Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The City has been notified that two contiguous properties are up for tax forfeiture. Enclosed are two maps indicating the location, size and dimensions of the lots. The tax forfeited properties are blocked and marked with lines. The other blocked lot is one currently owned by the City of Mounds View. The full lot (07-30-23-32-0016) is approximately 104'x 645' (or 67,080 square feet)with an assessed tax value of$65,500. It is a buildable lot as is. The back lot of 2946 County Road H2 (07-30-23-32-0004) has a lot size of 104'x 500' (or 52,000 square feet)with an assessed tax value of$19,400. This lot is not buildable esit does not have road access. The other lot marked on the map adjacent to the tax forfeited lots is owned y the City of Mounds View. Purchasing these two lots in the vicinity of other property owned by the City presents the possibility of redeveloping the area under the Housing Replacement Program. Listed below is a breakdown of the purchase costs for the tax forfeited properties: 07-30-23-32-0004 07-30-23-32-0016 Purchase Price $10,000.00 $32,800.00 3%Assurance Fee 300.00 984.00 State Deed Fee 25.00 25.00 Recording Fee 19.50 19.50 Ag/Con Fee 5.00 5.00 Deed Tax Stamp 33.00 108.90 T I ' • : $10,382.50 $33,942.40 T" .,er Bev an, Holding Inspector 41C01VIMENDATION: Recommend to the Economic Development Authority for approval of purchasing the two tax forfeited properties for the Housing Replacement Program. F R I D L . Y SPRING LA ..li ..". 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Fax:612-266-2066 RAMSEY COUNTY St.Paul,MN 55102-1693 TTD#: 266-2002 August 19, 1996 City of Mounds View Mayor Jerry Linky Attn: Chuck Whiting 2401 Highway 10 Mounds View, MN., 55112-1499 Dear Mayor Jerry Linky: The properties located in your area will be going up for Public Auction on October 24, 1996, if you are interested in acquiring them you must contact us no later than September 20, 1996 after that all properties will be auctioned. See attached sheet for properties in your area. If you have any questions please contact either me at 266-2081 or . Colette at 266-2082 . Sincerely, .< 7114'41 it (49;`" Brett H. Larson, Supervisor Tax Forfeited Lands BHL/cfv 22-p9 • Minnesota's First Home Rule County printed on recycled paper with a minimum of lOX post-consumer content • CITY OF MOUNDS VIEW *8) PIN: 07-30-23-32-0004-4 (T) $ 10,000.00 Behind 3000 County Road H2 9) PIN: 07-30-23-32-0016-7 (T) $ 32,800.00 2970 County Road H2 • • CITY OF MOUNDS VIEW 8) PIN: 07-30-23-32-0004-4 (T) $ 10, 000. 00 IPBehind 3000 County Road H2 Lot size: approx. 104 ' x 500 ' Carson map: 315 Improved assmts * $-0- RCC DIST # 1 39) PIN: 07-30-23-32-0016-7 (T) $ 32, 800. 00 Approx. 2970 County Road H2 Lot size: approx. 104 ' x 645 ' Carson map: 315 Improved assorts * $1, 335.90 RCC DIST # 1 • CM OF CITY OF MOUNDS VIEW Agenda Section I1 H. REQUEST FOR COUNCIL CONSIDERATION Report Number: Q gyp—I5I G Eliiir M S STAFF REPORT Report Date: 9/19/96 • %. " 0 ' COUNCIL MEETING DATE Special Order of Bus. •A _ ��`��est.Partneo\4' September 23, 1996 _ Consent Agenda Public Hearings X Council Business Item Description: Resolutions Nos. 5016 and 5017 Consenting to the Transfer of Control of and Certain Ownership Interests in a Cable Television Franchise to Continental Cable and US West Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The City is being asked to approve two resolutions consenting to the transfer of Meredith Cable to Continental Cable and US West. Documentation to this affect is attached. I have been contacted by both Coralie Wilson and Jerry Skelly confirming their commission has reviewed and approved these transfers, and request the member cities do the same. uck Whiting, Ci Administrator *COMMENDATION: Request Council actions approving Resolution Nos. 5016 and 5017. 4. Reimbursement of all reasonable fees incurred in the Authority's review of the • proposed transactions; and 5. The successful closing of the transaction described in the Meredith/Continental Agreement. BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to Continental ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. ADOPTED by this day of , 1996. City of Mounds View • Mayor Attest: Clerk-Treasurer The undersigned, being the duly appointed, qualified and acting Clerk of the City of Mounds View, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by the City of Mounds View on the day of , 1996. Clerk • 2. Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to US WEST's acquisition and operation of the system to the extent provided by law; and 3. Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions; and 4.. The successful closing of the Transaction described in the Continental/US WEST Agreement. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval or disapproval of or consent or non-consent to US WEST's Petition for Special Relief currently pending before the FCC, or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction delineated above. BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to US WEST ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect • to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b)made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject,however, to each of the terms and conditions of the Franchise, ADOPTED by this day of , 1996. City of Mounds View Mayor Attest: Clerk-Treasurer The undersigned, being the duly appointwi, qualified and acting Clerk of the City of Mounds View, Minnesota hereby certify that the foregoing Resolution No. is a true, correct and accurate copy of Resolution No. duly and lawfully passed and adopted by the City of Mounds View on the day of , 1996. • Clerk BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION 40 ATTORNEYS AT LAW 052 A. SUSS MAN SUITE 1200. THE COLONNADE 5500 WAYZATA BOULEVARD tALSO ADMITTED IN WISCONSIN EAL J. SHAPIRO 'ALSO CERTIFIED PUBLIC ACCOUNTANT SAUL A. BERNICK. MINNEAPOLIS, MINNESOTA 55416-1270 THOMAS 0. CREIGHTON LEGAL ASSISTANTS SCOTT A. LIFSON JO BROWN TELEPHONE (612) 546-1200 DAVID K. NIGHTINGALEt JOAN M. SCHULKERS FACSIMILE (612) 546-1003 PAUL J. QUASI'. KATHRYN G. MASTER MAN THERESA M. KOWALSKI REBECCA J. HELTZER ROBERT J. V. VOSE MEMORANDUM TO: Municipal Cable Commission Member Cities FROM: Thomas D. Creighton; Robert J. V. Vose DATE: August 26, 1996 Your cable commission, as your agent, along with commissions representing over 40 other cities iiohas concluded its four month review of the request for Meredith Cable Company to transfer . ownership in the cable system which serves your city. Two transfers are contemplated -- one to Continental Cable, and then the other immediately to US West. Please find enclosed the results of that review. State and federal law require a limited scope of review regarding the transfer. The cable commission was required on your behalf to investigate the technical, legal and financial qualifications of the purchasing cable company. The cable commission has concluded that it can find on reasonable basis for withholding consent to the transfers of ownership. The •.le commission RECOMMENDS that you consent to both transfers. Federal law requires at yo may not unreasonably withhold your consent. 41 The enclosures include: 1. The final report and conclusions of BOTH transfers prepared by our office as legal counsel to the cable commission; 2. TWO resolutions (an original and copy of each of the two), one consenting to the transfer to Continental and the other consenting to the transfer to US West. Both resolutions need to be considered by your city council. You will note that the resolutions condition your consent on receipt of a corporate guaranty by the parent companies, payment by the IIIcompany of the reasonable fees associated with the commission analysis, and actual closing SUMMARY OF PROPOSED TRANSFERS OF OWNERSHIP • Transfers of ownership of cable systems require the consent of the local franchising authority (City). The City has traditionally delegated through its joint powers agreement the review process to the cable commission. The process is lengthy and complicated, and has been conducted by the commission over the past four months. In this case, the issues were further complicated by the fact that at the same time as Continental was purchasing Meredith, US West was proposing purchasing Continental. Therefore, the Commission (and now the City) needed to review TWO transfers of ownership. Enclosed are the results of that review. FREQUENTLY ASKED QUESTIONS: 1. Will the rates go up as a result of these transfers? Although no one can guarantee cable rates, the companies have assured the Commission that there are no plans to increase rates. If Meredith had retained ownership of the systems, they could have increased rates, and the new owners will not be able to increase rates any more than Meredith could have. i2. Will any channel or program offering on the system change? No. However, companies often change program channels in response to the interests of subscribers, and the new companies have the right to do the same. 3. Will there be a decrease in customer service or change in local management? No. The local management team will remain intact, as will the existing customer service representatives. 4. Will all commitments to local programming remain the same? Yes. 5. What is the phone company doing owning our cable system? US West cannot own your cable system without receiving special permission from the Federal Communications Commission. They have applied for a limited waiver (permitting them to own the systems for up to 18 months) and that petition is pending. If they do not receive the waiver, they cannot close on the sale, and Continental will retain ownership of the systems. The FCC may decide (as we argue the law requires) that the waiver requires the approval of the city. If that is the case, that decision will come back to the 111 city, BUT THAT DECISION IS A SEPARATE DECISION FROM THIS TRANSFER DECISION. BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW S A. SUSSMAN411 SUITE 1200, THE COLONNADE 1AL50 ADMITTED IN WISCONSIN L J. SHAPIRO 5500 WAY2ATA BOULEVARD 'ALSO CERTIFIED PUBLIC ACCOUNTANT , UL A. BERNICK MINNEAPOLIS, MINNESOTA 55416-1270 LEGAL ASSISTANTS THOMAS D. CREIGHTON SCOTT A. LIFSON JO BROWN TELEPHONE (612) 546-1200 DAVID K. NIOHTINGAL Et JOAN M. SCHULKERS FACSIMILE (612) 5461003 KATHRYN G. MASTER MAN PAUL J. OUAST• THERESA M. KOWALSKI REBECCA J. HELTZER ROBERT J. V. VOSE MEMORANDUM TO: Clients Currently Served By Meredith Cable FROM: Thomas D. Creighton, Robert J. V. Vose, Theresa M. Kowals ' --0---°'' ' RE: Request for Approval of Transfer of Ownership; Continental to US West DATE: August 9, 1996 IIIFINAL REPORT, ANALYSIS AND CONCLUSIONS Please find below a summary and analysis of the proposed transaction regarding the merger of Continental Cablevision, Inc. (hereinafter referred to as "Continental") and US West, Inc., or a wholly owned subsidiary thereof(hereinafter referred to as "US West"). Federal Communications Commission Form 394 ("FCC 394") dated April 19, 1996, was received by the various Franchise Authorities (hereinafter "Authority" or "Authorities") on dates ranging from April 19 through April 22. This transaction is designed to follow immediately as it relates to the Authorities' systems, the transfer of Meredith/New Heritage Strategic Partners, L.P. to Continental. Federal law provides for a 120 day review period from the date of receipt of FCC 394, together with all exhibits and any additional information required by the terms of the OFranchise Agreement or operative state or local law. Although additional information was MEMORANDUM . August 9, 1996 Page 3 1. INTRODUCTION. The simultaneous filing of two FCC 394's presented the Authorities and this office with some unique and difficult challenges in analysis. It was the determination of this office to analyze the transactions separately and to propose separate resolutions for each transaction. At the time of awarding the original Cable Communications Franchise and in subsequent transfers of the Franchise, the Authorities considered and approved the technical ability, financial capacity, legal qualifications and character of the original and subsequent owners of the cable system, as well as other appropriate factors. These same qualifications are to be considered and el reviewed by Authorities as part of the review of the proposed transfer to US West. The sources of information used in examining these factors included FCC 394, its exhibits, the current Franchise Ordinance, various FCC rules and regulations regarding cable communication systems, US West's Response to the Request for Additional Information Regarding Request for Approval of Transfer of Control (attached hereto as Exhibit 2), and US West's response to subsequent questions regarding corporate structure, along with direct oral communications with representatives of US West. All levels of government have something to say about such transfers. The local franchise, Minnesota state law, federal law and FCC rules all apply to this transfer. The Authorities' Franchises require that the Authorities review the transfer pursuant to the same standards used to award the original Franchise. Minnesota law, Minn. Stat. § 238.083, provides that the local •franchising authority must consider a written request to approve a transfer of ownership, and the MEMORANDUM • August 9, 1996 Page 5 Authorities, as well as the cadre of Continental officers and staff which are represented as being merged into US West's operating subsidiary, albeit unformed as of this drafting. In analyzing the transaction, the Authority must consider whether US West meets all of the criteria originally considered in the granting of the Franchise. Note, however, that this analysis is not a comparison between Continental and US West. Rather, this analysis is an application of factors to determine whether US West satisfies the standards to the reasonable satisfaction of the Authority.. 1 The Authority should focus on the following factors in determining whether to approve or deny the transfer: 4 i. Legal and character qualifications of US West and its operating subsidiary; ii. Technical ability of US West, its operating subsidiary and staff; iii. Financial stability of US West, its operating subsidiary; and iv. Other appropriate factors. This office has conducted an extensive review of all relevant materials on behalf of the Authority. This report is a "shorthand" synthesis of that review in an attempt to fully inform the Authority without overwhelming the decision-making body with detail and minutia. Obviously, our review extended far beyond the summary of this report, and we will be available to further expand on this summary should the Authority have any questions. MEMORANDUM 411 August 9, 1996 Page 7 First, US West has been inconsistent in identifying the transferee of the cable systems. Initially, US West, Inc. was listed as the transferee on FCC 394. In its response to the request for information, US West indicated that a new subsidiary, "Merger Subsidiary", will be created to hold the Continental assets, including the cable systems. In addition to its inconsistency in naming the actual transferee, US West has not provided any information regarding the assets of the Merger Subsidiary or the people who will be running it. In response to the request for information, US West indicated that there are no officers, directors of five percent shareholders of the Merger Subsidiary. We did not, therefore, have the information needed to determine who is ultimately responsible for the cable systems subject to the franchise. III Second, US West has not indicated how the funds necessary to operate the cable systems and make capital improvements will be obtained by the Merger Subsidiary. The most recent public information released by US West in its Form 10-K indicated the US West Media Group expects that cash from operations will not be enough to fund expected cash requirements and additional financing will come primarily from new debt. In the responses dated July 29, 1996, US West indicates that the Merger Subsidiary will have no fewer assets than those of Continental currently. In essence, US West intends to merge Continental into an empty shell. Third, US West has not provided information on how much of the ownership structure of Continental will be retained after the merger. The operating subsidiaries may be three or four corporations removed from US West, Inc. US West indicates in FCC 394 that of "crucial 0 importance is the fact that day-to-day operations of Continental Cablevision will continue to be MEMORANDUM 410 August 9, 1996 Page 9 If the purchase price is unreasonably high, the Authority should consider whether sufficient assets will be committed to operate and upgrade the systems to provide quality service to the subscribers in the future. Subsequent communications from counsel for US West indicates the apportioned purchase price paid by US West for the previous Meredith/now Continental systems will be roughly what Continental paid for the Meredith systems. No further information is given regarding the purchase price of the Hudson/North Hudson or South Washington County systems. Another concern with the financial aspects of the merger transaction is its impact on the financial stability of the parties. Standard & Poor's has included both Continental and US West on its CreditWatch and may downgrade the ranking for the corporations' securities. This III indicates that the financial community believes the merger will have a negative impact on the financial health of US West. Fifth, there is a question whether this transaction will be completed. Counsel for US West confirmed public information that the merger will not be finalized if US West stock is not trading between $20 and $28 per share. It is quite possible that the stock will not be trading in the target range at the time of closing. Further, the Wall Street Journal reported on July 29, 1996, that US West, Inc. and Continental have the option to delay the merger without restructuring the transaction. Finally, if US West is granted the temporary waiver it is requesting of the FCC, it will be required to divest itself of the cable systems within 18 months of the merger. This is particularly troubling when the transfer coincides with the franchise renewal process. MEMORANDUM ill August 9, 1996 Page 11 Another legal qualification concern was the apparent inability of US West to identify the corporate structure so that the Authorities could be clear "where the buck stops" in case of trouble. Suffice it to say, after long hours of discussion, we determined that only a parent corporation guaranty from US West, Inc. guaranteeing the performance of the local systems would be an acceptable solution. We have received assurances that US West, Inc. will execute such a guaranty (see Exhibit 5). Any consenting resolution will be contingent on such a guaranty. 5. CHARACTER QUALIFICATIONS. In response to our Request for Additional Information, US West has represented that it has not been convicted in a criminal proceeding relating to any of the usual inquiries regarding III character. The character qualifications of West,US as well as the individuals involved, are. satisfactory. Based upon our review of the information provided, it would appear that the Authorities could not reasonably withhold approval of the merger based on the legal or character qualifications of US West or its principals, provided that all waivers and approvals required by federal, state and local law are secured, and further provided US West, Inc. guarantees the performance of its subsidiaries. 6. TECHNICAL ABILITY. The technical ability factor relates to the technical expertise and experience of 155 West in operating and maintaining a cable system. This analysis focuses on the current and former 0 experience of the proposed owner. US West has little such experience and relies almost entirely MEMORANDUM August 9, 1996 Page 13 offered by US West in its responses. This is, of course, not unusual in a transfer format, especially when US West assumes it will be divesting itself of the systems within 18 months. Should US West ultimately divest the Minnesota systems, a change in management structure could occur. However, the Authorities will have the opportunity to review any such • transfer should it occur in the future. It is also informative to investigate the technical qualifications of the parent corporation. In this case, however, US West's qualifications are only as good as the Continental people which they are merging into US West's operations. We have reviewed information provided by US West as it relates to its technical qualifications and Continental's cable management experience. Of course US West, one of the "babyBell's"Beil s created by the divestiture of AT&T, has long been a leader in the telecommunications industry in the Western and Midwestern United States. US West provides telephony services in a 14-state region. US West is one of the largest telecommunications services companies doing business in the United States. In addition to its telephone service, in 1995 US West also provided cellular telephone service to 1,500,000 subscribers and cable telephone service to 527,000 subscribers in Atlanta, Georgia. US West, since 1989, has provided both telephony and telephone service in the United Kingdom through its partnership as TeleWest Communications. TeleWest has become the world's largest provider of combined cable television and telephone service. In addition, US West offers its cable/telephone ventures in the Netherlands, Japan, the Czech Republic and Malaysia. MEMORANDUM 0 August 9, 1996 Page 15 Continental Cablevision is the nation's third largest cable system operator serving more than 4.2 million subscribers in 20 states. The company employs nearly 10,000 people. Continental was founded in 1963 and has continually operated cable television systems throughout the country as well as investing in international ventures in telecommunications. Continental's co-founder, Amos Hostetter, Jr., is the current Chairman and CEO of Continental. Mr. Hostetter is a highly regarded cable operator. Continental is the founding member of C-Span. It also helped created Cable in the Classroom, which provides commercial, free educational programs at no cost to more than 3,000 schools in Continental's service areas. Continental also has a part ownership interest in cable i programming services such as Turner Broadcasting, E! Entertainment TV, and Music Choice. g Continental was designated "Cable Operator of the Year" by Cablevision Magazine for three consecutive years. The company has also received numerous national awards for its efforts in programming, education, marketing, customer service, and public affairs. Continental has a favorable reputation for community programming throughout the country. The Senior Vice President responsible for the Central Region, Emmett White, has a distinguished career in cable television management since joining Continental in Chicago in 1981. Robert E. Ryan, Vice President, Government Affairs for the Central Region, served 460,000 subscribers and 125 franchising authorities in four Midwestern states. Mr. Ryan's responsibilities include development of franchise renewal strategies, governmental affairs, MEMORANDUM 0 August 9, 1996 Page 17 The Authority can assume that if US West does not have the financial resources available to it to close the transaction, the closing will not take place. Therefore, further scrutiny of the actual sale transaction has not been undertaken. However, of concern to the Authority is whether the resources of US West are available to the local franchise holder to comply with the franchise requirements of the Authority now and in the foreseeable future. Because the local franchises will apparently be held by a subsidiary of US West, inquiry was repeatedly made regarding the financial resources of the subsidiary. No such financial information was made available to this office in this analysis except to assert that the same resources available to Continental would also be available to the subsidiary. We have met with 41) representatives of US West and informed them that we would require a performance guaranty from US West, Inc. as the parent corporation. The performance guarantywould serve as a guaranty from US West that should the operating entities be unable to fulfill their franchise obligations, US West would assume responsibility for franchise compliance. US West has consented to offer such a corporate guaranty, attached hereto as Exhibit 5. If the Authorities choose to consent to this transfer, the transfer resolution will include a contingency that US West guaranty the performance of its subsidiaries as it relates to the individual franchises. Based upon our review of the information provided, it would appear that the Authority could not unreasonably withhold approval of the transfer based on the financial stability of US West, provided that US West agrees to comply with all local franchise requirements, as it has •done, and further that US West execute a guaranty of the performance of its subsidiaries. MEMORANDUM August 9, 1996 Page 19 US West has agreed to comply with all existing requirements regarding public education, government access and will continue current channel designations for public education and government access channels. Franchise renewal discussions with a company that apparently will only own the systems for at most 18 months has caused much concern among the Authorities. US West has indicated that franchise renewal negotiations will be conducted by the system managers, Kevin Griffin and Jim Commers as appropriate. Mr. Griffin will report directly to Mr. Randall Coleman, who reports directly to Mr. Emmett White. US West has responded that it is willing and able through its local franchise holding entity to conduct renewal negotiations and to accept the attendant • responsibilities. US West was asked to explain the rights-of-way initiatives both in its litigation against Minnesota cities and as to its legislative proposals which may be pending. US West responded that such inquiries were beyond the Authorities' legal, technical and financial analysis. While both initiatives certainly reflect upon the corporate "character" of US West, an issue the Authorities can consider.in this analysis, neither initiative would appear to achieve the level of a reasonable basis to withhold consent to the merger. A final point of note is the payment of fees incurred by the Authorities for the purpose of this approval process. After considerable discussion, the transferring entities have agreed to reimburse Authorities for reasonable fees, all as delineated in Exhibit 1. • 1 A ROBINS, KAPLAN, MILLER 8 CIRESI ATTORNEYS AT LAW OT LA N TA 2800 LASALLE PLAZA e o s ro N 800 LASALLE AVENUE CHICAGO MINNEAPOLIS, MINNESOTA 55402-20[5 TELEPHONE(512)349-8500 LOS ANGELES FACSIMILE(5l2)339-4181 • _ MINNEAPOLIS ! ORANGE COUNTY L.' ,1_ 'r SAINT PAUL .l SAN r RA NCI SCO JOHN F.GIBBS (612)349-8765 WASMINGToN. o. c. May 13, 1996 Thomas D. Creighton, Esq. • Bernick and Lifson, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, MN 55413 Re: Meredith/Continental/U.S. West Transfer Review Issues Our File No.: 024685-0017 Dear Tom: 0oOn behalf ofMeredith Cable and Continental Cablevision ("the Applicants"), we are writing confirm the agreements reached with you on behalf of your clients, the North Suburban Cable Commission, Quad Cities Cable Communications Commission, Burnsville/Eagan Cable Communications Commission, North Central Suburban Cable Communications Commission, Ramsey/Washington Counties Suburban Cable Communications Commission, the member cities of those various commissions, and the city of Columbia Heights (individually and collectively "the Franchising Authorities") with respect to consideration of the two pending Form 394 Applications for consent to change of control of the cable television franchises. We understand that the Franchising Authorities and Applicants may disagree as to certain deadlines and all desire an agreement with respect to the application review process. We further understand that the Franchising Authorities desire reimbursement of expenses associated with consideration of the Form 394 Applications and an agreement as to process as it relates to potentially conflicting federal and state statutory time lines. To satisfy the concerns and objectives of the Franchising Authorities and the Applicants, all parties have agreed as follows: • No later than April 22, 1996, each of the Franchising Authorities received a Form 394 Application for consent to change of control of the franchises currently controlled by Meredith/New Heritage Partnership from Meredith/New Heritage Partnership to IIIContinental Cablevision and a Form 394 Application for consent to change of control EXHIBIT 0 Thomas D. Creighton, Esq. ay 13, 1996 e3 We look forward to your confirmation of this agreement in writing by May 15, 1996. On behalf of the Applicants, please let me take this opportunity to express our commitment to work with you and the Franchising Authorities throughout this process. Thank you very much for your commitment on these matters. Very truly yours, ROBINS, KAPLAN al LER & CIRESI Jogn F. Gibbs i JFG/ch I cc: Mr. Robert Ryan Mr. Fran Zeuli Mr. Kevin Griffin Mr. Nile McDonald . vtr. John Gibbs tav , 1996 'a day and you have subsequently indicated that your lacer receipt of written confirmation, with these further understandings, is not objectionable. Please do not hesitate to contact me if you have any questions. Yours truly, BERNICK AND LIFSON, P.A. • Thomas D. Creighton 'SCI rs Clients 1111 • . f 0 6 CZ C4 G "p _O .� CZ ep MO CZ G O v 4.4 ."'"., 6 Ei U c co,• a cn v.) r_7_4- CI) CD 74c U G I = U CIE) 7j o �" EC7 Ai 0 U 73 .1 a) cr W •- . C/) � C� rte- = C . O U • EXHIBIT 3 gra,CV CITY OF MOUNDS VIEW Agenda Section 111 REQUEST FOR COUNCIL CONSIDERATION Report Number: a(I-I$�JZG' OW ' STAFF REPORT Report Date: 9/19/96 41,i• FEW a' • COUNCIL MEETING DATE Special Order of Bus. 4.414•PastnttSeptember 23. 1996 _ Consent Agenda ��4� _ Public Hearings X Council Business Item Description: Resolution No. 5011 Approving Participation in Financing, Construction and Operation of a Four Sheet Ice Facility Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: I have attached a memo from Terry Schwerin, the City Manager of Shoreview, regarding the Quad Rink proposal. Last week the Shoreview Council approved the resolution to participate with several conditions outlined that take into account the still fluid nature of this project. My comments in This Is It regarding the County's position still hold true at this time, however, the managers are attempting to meet with the County Manager to first make the case that the County simply should be the participant in the facility, and second, if that doesn't succeed that our relationship with the County is clear. I anticipate knowing more by Monday's Council meeting and will report then. Also, I do not have our resolution in our format yet, but it will be the same verbage as Shoreview's. This will be the last opportunity the Council will have to pass a resolution in support prior to the Mighty Ducks deadline. New Brighton will also be considering the esolution Monday evening, and Arden Hills will be going on September 30. This will be our last opportunity o approve our participation, but the project would not move ahead if the conditions are not met, so I would expect ways to get out of this if needed per the resolution conditions. To date, the Council has indicated its approval of this concept and Mounds View's participation in the project. Based on that, I am recommending approval of this resolution. As the Council knows, the managers have been and will continue to work towards minimizing the risk exposure of their communities. I anticipate we will have some hockey supporters present Monday evening based on phone calls made to City Hall. I can certainly attempt to address any issues in this matter at the meeting. chsez. Chuck Whiting, City Adminis tor COMMENDATION: Request Council action approving Resolution 5019 Approving Participation in inancing, Construction and Operation of a Four Sheet Ice Facility at the National Sports Center in Blaine. SEP-17-1996 15:11 CITY OF SHOREVIEW P.03'04 finance, supporting a finding that the Facility's revenues and other available money will be sufficient to pay debt service with respect to the bonds; and WHEREAS, the County,the HRA, and MASC will enter into an agreement pursuant to which the Facility will be financed and constructed, and MASC will pledge revenues of the Facility to the repayment of the bonds; and WHEREAS, MASC has proposed that there will be an agreement to be entered into among MASC,the City, and other participating cities setting forth the respective rights and obligations of the parties with respect to the Facility; and WHEREAS, Ramsey County has included S500,000 in their 1997 tax levy to participate in the project by funding the initial capital contribution requirement; and WHEREAS, the City is authorized by Minnesota Statutes, Chapter 475 to enter into an agreement with respect to financing the Facility; and is further authorized by Minnesota Statutes, Section 471.191, to secure its obligations pursuant to the agreement by a first charge on the gross revenues of the Facility and to provide for a levy of taxes for the payment of operating costs of the Facility to the extent that revenues are insufficient therefor. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE • CITY OF SHOREVIEW: 1. The City hereby determines and agrees to participate in the financing,construction, operation and use of the facility,provided that the City's participation shall be in an amount established by a supplemental agreement between the cities of Shoreview, Arden Hills, Mounds View, and New Brighton. 2. The City agrees to secure rental income for the Facility in an amount at least equal to the agreed upon annual hourly rate times its Percentage Share of agreed upon prime time hours (not less than 2,080)which rental income shall be passed through for the purpose of paying debt service with respect to the bonds and paying operating costs of the Facility. 3. The agreement to participate in this project is subject to the following conditions: a. Approval of the Master Agreement between the MASC and all of the participating communities; • b. Approval of a supplemental Agreement, including a 5500,000 escrow, between the cities of Shoreview,Arden Hills, Mounds View, and New Brighton and the Mounds View and Irondale Youth Hockey Associations; • c. Approval of a supplemental Agreement between the cities of Shoreview,Arden SEP-13-1996 14:51 CITY OF SHOREUIEW P.03/09 TO: MAYOR AND COUNCILMEMBERS 411 FROM: TERRY SCHWERM CITY MANAGER DATE: SEPTEMBER 12, 1996 SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING PARTICIPATION MI THE FINANCING,CONSTRUCTION,AND OPERATION OF A FOUR SHEET ICE FACILITY AT 1'RE NATIONAL SPORTS CENTER • JNTROPUCTIQN The City Council is being asked to consider a resolution that would approve the City's participation in the financing, construction, and operation of a four sheet ice facility at the National Sports Center. The resolution is necessary to indicate the City's intent to participate in the project so that the Minnesota Amateur Sports Commission(MASC) can seek$500,000 in grant funding for the project. If the Council approves the resolution, in the next several weeks the Council will also need to approve a Master Agreement between all of the cities involved in the project and the MASC, and supplemental • agreements between the Mounds View School District cities and the Youth Hockey Associations, and with Ramsey County. These agreements are still being negotiated between all of the parties. BACKGROUND bluing the last several months,representatives of the cities of Arden Hills,Mounds View,New Brighton, and Shoreview have been meeting with representatives of several other communities and the MASC to discuss the potential development of a four sheet ice complex at the National Sports Center in.Blaine. Both the Mounds View and Irondale Youth Hockey Associations have identified a critical need for additional ice time. Attached is a letter from the Presidents of these hockey associations discussing this need for ice time. Also attached is information prepared by the MASC discussing the growing need for additional ice time,particularly as a result of the expected growth in women's and girl's hockey, and the proposed project. Under this proposal,the MASC would build and operate a four sheet ice complex at the National Sports Center site in Blaine. The total cost of the project is currently estimated at$9,500,000. The initial capital cost would be financed by $500,000 down payment from each of the communities, a$500,000 state Mighty Ducks grant, and the issuance of bonds by Anoka County. The debt service and annual operating costs for the facility • would be paid by a guarantee from each of the four communities and the MASC to SEP-13-1996 14:52 CITY OF SHOREVIEW P.O5/09 3. Requires the MASC to cover any costs of operation that exceed the financial • guarantees of the participating communities. 4. Creates a Board of Directors that is responsible for setting both operating and programming policies, and establishing an annual operating budget. The first Supplemental Agreement will outline the financial responsibilities and general relationship between the cities of Shoreview, Arden Hills, Mounds View, and New Brighton and the Mounds View and Irondale Youth Hockey Associations. The key provisions of this agreement include the following: I. Outlines the ice rental requirements for the youth hockey association. 2. Establishes a$500,000 escrow agreement funded by the Youth Hockey Association to protect the cities in the event of a shortfall in the required ice rental. • 3. Requires a surcharge for any youth hockey participants that are not in a community that is involved in this project. 4. Outlines the financial responsibilities of each of the communities in the event of a shortfall in the ice rental requirement. The formula is based on both population and 411) participants in youth hockey and Shoreview's percent of any losses is currently estimated at 46%. The second supplemental agreement would between the four Mounds View School District communities and Ramsey County outlining the roles and responsibilities of each in this project. Since these agreements are still being negotiated between all of the parties,it is recommended that if the Council approves the resolution, it be contingent on the approval of each of the agreements discussed above. SUMMARY AN') CONCLUSIONS The decision on whether to participate in the four sheet ice complex at the National Sports Center is strictly a policy issue for the City Council. The local youth hockey associations have identified a need for additional ice time and have had discussions with City Council and staff about this need several times in the last few years. They are particularly concerned about the growing demand for ice time given the projected growth in women's and girl's hockey. However,the cities within the Mounds View School District have traditionally not been involved in the provision of indoor ice time because of the extensive Ramsey County Ice Arena system. SEP-13-1996 14:53 CITY OF SHOREVIEW P.07/09 EXTRACT OF MINUTES OF MEETING OF THE S CITY COUNCIL OF SHOREVIEW,MINNESOTA HELD SEPTEMBER 16, 1996 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Shoreview, Minnesota, was duly called and held at the Shoreview City Hall in said City on September 16, 1996 at 7:00 p.m. The following members were present: and the following members were absent:. Member introduced the following resolution and moved its adoption. Resolution 96-109 CITY OF SHOREVIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING PARTICIPATION IN FINANCING, CONSTRUCTION AND OPERATION OF A FOUR SHEET ICE FACILITY WHEREAS, the City of Shoreview("City")has determined a need to provide its residents with access to an indoor ice arena intended to be used predominantly for youth athletic activities; and WHEREAS,the Minnesota Amateur Sports Commission("MASC") proposes to construct and operate a facility consisting of four olympic sized ice sheets and related Facilities (the"Facility")on the property of the National Sports Center located in Blaine, Minnesota; and WHEREAS, the City has been offered the opportunity to participate in the construction of and operation of the Facility, thereby obtaining a priority right to schedule • ice time with respect to the ice surfaces at the Facility; and WHEREAS,the financing of the Facility will be undertaken by the issuance of revenue bonds of the Anoka County Housing and Redevelopment Authority(the "HRA"), the proceeds of which will be used to acquire a general obligation bond of Anoka County,Minnesota(the"County"); and WHEREAS,the County is required,as a condition to issuance of its general obligation bonds,to receive an analysis provided by a professional experienced in finance, supporting a finding that the Facility's revenues and other available money will be sufficient to pay debt service with respect to the bonds; and • SEP-13-1996 14:54 CITY OF SHOREVIEW P.09/09 i WHEREUPON, said resolution was declared duly passed and adopted this 16th • day of September, 1996. STATE OF MINNESOTA) ). COUNTY OF RAMSEY ) CITY OF SHOREVIEW ) I, the undersigned,being the duly qualified and acting Manager of the City of Shoreview of Ramsey County,Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of said City Council held on.the 16th day of September, 1996, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to approving participation in financing, construction and operation of a four sheet ice facility. WITNESS MY HAND officially as such Manager and the corporate seal of the City of Shoreview,Minnesota,this 17th day of September, 1996. Terry Schwerin, City Manager • • TOTAL P.09 I • Resolution 5019 III CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING PARTICIPATION IN FINANCING, CONSTRUCTION AND OPERATION OF A - FOUR SHEET ICE FACILITY WHEREAS, the City of Mounds View("City")has determined a need to provide its residents with access to an indoor ice.arena intended to be used predominantly for youth athletics activities; and WHEREAS, the Minnesota Amateur Sports Commission("MASC") proposes to construct and operate a facility consisting of four olympic sized ice,sheets and related facilities (the"Facility") on the property of the National Sports Center located in Blaine, Minnesota; and WHEREAS, the City has been offered the opportunity to participate in the construction of and operation of the Facility, thereby obtaining a priority right to schedule ice time with respect to the ice surfaces at the Facility; and WHEREAS, the financing of the Facility will be undertaken by the issuance of revenue bonds of the Anoka County Housing and Redevelopment Authority(the"HRA"), the proceeds of • which will be used to acquire a general obligation bond of Anoka County, Minnesota(the "County"); and WHEREAS, the County is required, as a condition to issuance of its general obligation bonds, to receive an analysis provided by a professional experienced in finance supporting a finding the Facility's revenues and other available money will be sufficient to pay debt service with respect to the bonds; and WHEREAS, the County, the HRA, and MASC will enter into agreement pursuant to which the Facility will be financed and constructed, and MASC will pledge revenues of the Facility to the repayment of the bonds; and WHEREAS,MASC has proposed that there will be an agreement to be entered into among MASC, the City, and other participating cities setting forth the respective rights and . obligations of the parties with respect to the Facility; and WHEREAS, Ramsey County has included $500,000 in their 1997 tax levy to participate in the project by funding the initial capital contribution requirement; and WHEREAS, the City is authorized by Minnesota Statutes, Chapter 475 to enter into an agreement with respect to financing the Facility; and is further authorized by Minnesota Statutes, • Section 471.191, to secure its obligations pursuant to the agreement by a first charge on the gross revenues of the Facility and to provide for a levy of taxes for the payment of operating costs of the Facility to the extent that revenues are insufficient therefor. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 4111 OF MOUNDS VIEW: 1. The City hereby determines and agrees to participate in the financing, construction, operation and use of the facility, provided that the City's participation shall be in an amount established by a supplemental agreement between the cities of Mounds View, Arden Hills,New Brighton and Shoreview. 2. The City agrees to secure rental income for the Facility in an amount at least equal to the agreed upon annual hourly rate times its Percentage Share of agreed upon prime time hours (not less than 2,080)which rent 'income shall be passed through for the purpose of paying debt service with respect to the bonds and paying operating costs of the Facility. 3. The agreement to participate in this project is subject to the following conditions: • a. Approval of the Master Agreement between the MAWafid all of the participating communities;. b. Approval of a supplemental Agreement, including a$500,000 escrow, between the cities of Mounds View, Arden Hills,New Brighton and Shoreview and the Mounds View and Irondale Youth Hockey Associations; c. Approval Of a supplemental Agreement between the cities of Mounds View, Arden Hills,New Brighton and Shoreview and Ramsey County which includes the County's $500,000 capital contribution for the project; d. Review of the final agreements by the City's Finance Director and financial advisor to determine that there will be no negative impact to the City's bond rating; e. Participation in the project by the cities of Arden Bills,New Brighton and Shoreview; and f. Financial commitment from communities for all four sheets of ice at the National Sports Center. Adopted this 23rd day of September, 1996 ATTEST: Mayor Linke 411 Clerk Administrator Chuck Whiting (SEAL) CM' r? REQUEST FOR COUNCIL CONSIDERATION Agenda Section I1.J _ STAFF REPORT Report Number: 96~ f We 3C, Il afiNiM Report Date: 9/20/96 CITY COUNCIL MEETING DATE — — Special Order of Bus. yS TON 'DSeptember 23, 1996Consent Agenda '1",-Pan osi'''S _ Public Hearings X Council Business Item Description: Consideration of Resolution No. 5012 Approving the Hiring of James Ericson as Planning Associate. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summaty(attach supplement sheets as necessary) Summary: • In August, Planning Associate Joyce Pruitt resigned to take a new job with the City of Hastings. The City Council then authorized the advertising for a replacement, and over 70 applications were received. The position was advertised in the St. Paul Pioneer Press, the Minneapolis Star Tribune, the League of Minnesota Cities Bulletin, and the Mankato, MN and Ames, IA newspapers. Qualifications for the position included a Bachelors degree in planning or a related field, and at least one year of work experience in planning and/or code enforcement. A panel consisting of Cathy Bennett, Lynnette Morgan and myself conducted interviews of Ilof the candidates. Each of the candidates were asked to bring writing samples, and did a writing exercise lowing the interview. The field was narrowed to three candidates, and reference checks were conducted. he panel is recommending that James Ericson be hired as Planning Associate. Jim has been working as an Assistant Planner for the City of Maplewood since June 1995. He is responsible for code enforcement and for the review of preliminary and final plats, conditional use permits and site development plans. He has also been involved in the permitting of home occupations, computing of capital improvement plan forecasts, and preparing ordinance revisions. Prior to working for the City of Maplewood, Jim worked an a planning intern for one year for the City of St. Paul for one year, doing special research projects. Jim has a Bachelor of Arts degree in Sociology and Metro-Urban Studies from Augsburg College, and a Masters in Planning degree from the Humphrey Institute of Public Affairs and the University of Minnesota. With approval of the City Council, and subject to the satisfactory completion of a police background check, physical examination and a drug test, Jim expects to report to work on September 30. PIVr/i.ilik- 11AAL(tr --, - . Pamela Sheldon, Community Development Director likCOMMENDATION: Adopt the resolution approving the hiring of James Ericson as Planning Associate. 1- crly OF CITY OF MOUNDS VIEW Agenda Section REQUEST FOR COUNCIL CONSIDERATION Report Number: liNDS STAFF REPORT Report Date: 9/18/96 410 P _ Special Order of Bus. EW COUNCIL MEETING DATE Consent Agenda .A September 18. 1996 MIME• ~°d'�ets.PartnecS��Q Public Hearings X Council Business Item Description: Resolution No. 5014 Appointing the Clerk Administrator as Voting Delegate for the City of Mounds View at the Annual Business Meeting of the National League of Cities Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: The City Council has in the past authorized certain positions to represent the City at various organizational meetings. It appears I will be the only City representative attending the National League of Cities conference in San Antonio in December, and am therefore requesting the Council authorize me to act as the City's voting delegate at the annual business meeting. Attorney Bob Long will also be attending the conference,but as Vice President of the League of Minnesota Cities. S lot . Chuck Whiting, City dministrator COMMENDATION: Request Council action to approve Resolution No. 5014 O RESOLUTION NO. 5014 111 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING CLERK ADMINISTRATOR AS REPRESENTATIVE FOR NATIONAL LEAGUE OF MINNESOTA CITIES WHEREAS,the Clerk-Administrator acts as representative to various City Commissions and other organizations; and • WHEREAS, the Clerk-Administrator has been named to act as voting delegate representative for the City of Mounds View to the following organization for the year of 1996: National League of Cities NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the aforementioned appointment is hereby approved. • Adopted this 23rd day of September, 1996 ATTEST: Mayor Linke Clerk Administrator Chuck Whiting (SEAL) • 1111 • National 1301 Pennsylvania Avenue N.W. Officers 6iPAc�J �J U t6EL League Washington, D.C. President �J ��u """ of 20004 Gregory S.Lashutka 4110 Mayor,Columbus.Ohio Cities (202) 626-3000 Fax: (202) 626-3043 First Vice President Mark S.Schwartz August 9, 1996 Council Member,Oklahoma City,Oklahoma Second Vice President 1� 1�TTT71�,{ Brian J.O'Neill MEMORANDUM Council Member,Philadelphia.Pennsylvania • Immediate Past President Carolyn Long Banks To: City Clerks of Direct Member Citie: Councilwoman-at-Large.Atlanta,Georgia Executive Director 1 111, Donald J.Borut From: Donald J. Borut, Executive Dire o Subject: , Voting and Alternate Voting Delegates, Annual Congress of Cities, December 7-10, 1996, San Antonio, Texas DUE OCTOBER 11, 1996 The National League of Cities'Annual Business Meeting will be held at 2:00 p.m. on Tuesday, December 10, 1996 at the Congress of Cities in San Antonio. Under the Bylaws of the National League of Cities,each direct member city is entitled to cast from one to 20 votes, depending upon the city's population,through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. 11111 To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus,the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 11, 1996. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the BLUE copy of the credential form to your state league office and keep the WHITE copy for your records. A list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at(202) 626-3020. CC: Executive Directors, State Municipal Leagues Past Presidents:Glenda E.Hood,Mayor,Orlando,Florida • Sharpe James,Mayor.Newark,New Jersey • Cathy Reynolds,Councilwoman-at-Large.Denver.Colorado • Directors:Karen Anderson,Mayor,Minnetonka,Minnesota • Clarence E.Anthony,Mayor,South Bay.Florida • Ken Bacchus,Councilman-at-Large,Kansas City,Missouri • Geoffrey Beckwith,Executive . Director.Massachusetts Municipal Association • Lara Blakely,Council Member,Monrovia,California • Eddie L.Blankenship,City Council President.Birmingham.Alabama • Lucille C. IIIBrogden,Council Vice President,Hyattsville.Maryland • John W.Butt,Councilman.Chesapeake,Virginia • Carol Y.Clark,Councilmember,East Orange,New Jersey • Larry R.Curtis, Mayor,Ames,Iowa • Alvin P.DuPont,Mayor,Tuscaloosa,Alabama • John Ferraro,City Council President.Los Angeles.California • Patricia Figueroa,Council Member.Mountain View. California • Stan Finkelstein, Executive Director.Association of Washington Cities • Paul Heimke,Mayor. Fort Wayne,Indiana • James C.Hunt,Councilmember.Clarksburg,West Virginia • Linda Lawrence,Alderman,Wausau,Wisconsin • Christopher K.McKenzie,Executive Director.League of Kansas Municipalities • Beverly Melton,Board of Aldermen President, Louisville.Kentucky • David W.Moore,Mayor,Beaumont,Texas • Kathy M.Morris,Mayor.San Marcos.Texas • William F.Murphy,Mayor,Woodridge,Illinois • Thomas C.Owens, Council President.Overland Park,Kansas • David L.Perry,Sr.,Mayor Pro Tem.Plano.Texas • Michael J.Quinn,Executive Director,Indiana Association of Cities and Towns • Alice Schlenker,Mayor,Lake Oswego,Oregon • Larry L.Schultz, Councilman,Rockledge, Florida • Winston Searles,Mayor Pro Tern, Rock Hill.South Carolina • Judy Ferguson Shaw, Councilwoman,Berkeley,Missouri • Joseph F.Sinkiawic,Mayor,Loves Park.Illinois • Joseph A.Sweat.Executive Director,Tennessee Municipal League • Marian B.Tasco,Councilwoman. Philadelphia,Pennsylvania • Reford C.Theobold,Council Member.Grand Junction.Colorado • William E.Thornton,Mayor,San Antonio,Texas • John R.Thune.Executive Director, South Dakota Municipal League • Marcia Weaver,Council Member.Jackson.Mississippi • Thomas L.Werth,Mayor, Rochester,Michigan • George C.Wright,Jr.. Executive Director. Delaware League of Local Governments • Charles C.Yancey,Councillor.Boston,Massachusetts • Don Zimmerman,Executive Director.Arkansas Municipal League Recycled Paper car CITY OF MOUNDS VIEW Agenda Section REQUEST FOR COUNCIL CONSIDERATION Report Number. /T`` A. OUR= STAFF REPORT Report Date: 9/19/96 ;;g' COUNCIL MEETING DATE Special Order of Bus. A'Oi> ,fl„io044. September 23, 1996 _ Consent Agenda Public Hearings X Council Business Item Description: Consideration to Reschedule October 7, 1996 work session to September 30, 1996 • Executive Director's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: I will be attending the ICMA Conference the first week of October and would therefore miss the scheduled October 7 work session. Since September has five Mondays and knowing how much I hate to miss Council meetings, I am asking the Council to consider moving its work session up one week to September 30. To date I have received verbal agreement from Council members on this, but its move should be confirmed at a regular meeting. 1.400,txChuck Whiting, City A 'strator . RECOMMENDATION: To consider moving the October 7, 1996 work session to September 30, 1996. It CM OF CITY OF MOUNDS VIEW Agenda Section 1//' REQUEST FOR COUNCIL CONSIDERATION Report Number: CORM STAFF REPORT Report Date: 9/20/96 40 �'' ` COUNCIL MEETING DATE _ Special Order of Bus. 'An, tie's-p,,ftofo'` September 23. 1996 — Consent Agenda Public Hearings X Council Business Item Description: Bel Rae Survey Status and Community Meeting Scheduling Executive Director's Review/Recommendation: CSS -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Sununary. Three Council members attended Wednesday evening's work session to review the results of the Bel Rae survey with Decision Resources. Bill Morris attended along with Cathy and myself and he reviewed the data with added comments about reactions from the community to the survey(generally very favorable to the survey). One point of discussion that came up was that it did not appear that the questions or answers led people to sense any relationship of VB Diggs to TIF to building costs. This was something he felt we should keep in mind when going to a public meeting. The group also felt the data is too raw to release to the public at this time and agreed to wait until Bill's executive summary was completed. Because of attendance, I added this item to the agenda for Monday evening, particularly to get the Council to determine a public meeting date for review of the survey and the options that stand before the City on the Bel e. As I have given some thought to where we stand on this project, I have realized just how potentially fficult a public meeting may become if the Council does not, or chooses not to agree on some fundamental il premises under which it will proceed with this project and conduct itself at a public meeting. I would like to lay out a few scenarios, options and considerations to help facilitate the Council and this process to ensure the Bel Rae project is what you collectively want, and what the community wants. To date, the process has gone as follows: 1)up to April, 1996 -general conceptual discussion, contacts with Bel Rae owner 2)April - attempts made to enter into option to purchase while reviewing project options 3)May-purchase made, disagreement amongst Council about how, but agreement that now that the City owns the building the best project possible should be developed, project options development continues 4)June and July-WAI architect and Springsted present floor plan concepts and operating proformas 5) August- Council authorizes survey to be conducted, interim uses of building considered and implemented for fall season start, VB Diggs given so-called deadline by staff to show fiscal abilities 6) September- survey completed, interest expressed from various Council to meet on projecct topics ranging from review of floor plan concepts to survey results to moving the process along faster RECOMMENDATION: Acknowledge receipt of the Bel Rae survey and discuss and set a meeting for the community on the Bel Rae development and survey results 111 ____ e f 40 Staff Report Page 3, Agenda Section 11M- September 23, 1996 City Council Meeting Item 3)also grows out of the work done to date and the first two considerations. How co fb able the Council is with the clarity of the vision and the anticipated activities to take place in the building may determine how much reconstruction you will want to do initially. Here seems to be some options for addressing Item 3): a. Phase in approach, do required work to meet codes, brighten interior, and lay out o i,ce and class room space according to committed activities i.e. Community Education, teen center, etc. Further work can be considered by future Councils and done incrementally b. Moderate comprehensive reconstruction, fill out internal space as in a., but build out additional space for activities not yet conceived, advantage would be that desi un and construction done once rather than multiple time likely saving some costs, disadvantages being potential of misreading needs and not building accordingly, also higher up-front cost. Some disadvantages could be minimizing through clarity and depth of building vision. c. Comprehensive reconstruction with emphasis on space flexibility, use products such as moveable walls to keep building uses flexible, seek out definite renters and build around them as long term tenants, consider state of the art aspects for a community 11111 center(I haven't heard much demand for this style,just throwing it in as one end of the mix) These option types would seem to me to depend on the Council's ability to decide what it wants in the building and when. The clearer that vision is, the easier the decision will be. Much work has already been done to incorporate the many stated activities brought up by either Council members, staff or people from the community. It may behoove Council to study floor plans once more with an eye to the building's activities, keeping in mind your vision and costs. At some point, I do not see how to develop building specifications without the Council doing this. Item 4) has been a low attention item during the development of this project, but I think it may become an issue without some attention being given to it. First, one would assume that in addition to some reconstruction of the building,its appearance will come into play. From the options laid out under Item 3), it can vary from simple concern about the interior looks of the building, to a more complicated artistic view of the outside (although no interest has been expressed on this). If VB Diggs does become a player in this project, the looks of their building and whether it is connected to the Bel Rae may need some reconciling between the two groups. It doesn't appear to be a vital concern of the Council, but for that reason I thought I'd bring it up. Item 5) the relationship with VB Diggs will have to be clarified, particularly if staff is to facilitate some type of legal arrangement with them. There are basically two approaches to take. One is simply to view Diggs as a contributor to the revenue side of the Be!Rae. The Council informally has • agreed on two aspects of this, first, that Diggs must secure its own financing and second that it may