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'...,......'' .4,:•:.{•••' '•:t}.Yy.. >rrR:'•:•}. "' ...tt r•: tt}.. •::'< 3r f'•'.:::::':r•'•2..`<''?2r•'' r'.:::..... nn..�.}}v:::}:n:v:::::::•?•::::.::tt.;{::::::iii::: • • • c'::it::::tt�i:':`:.i� �:~ r;,•y?�'::�::.'t`:.':yr4:'':r:::`::i` r: fav +•::•}:h::::•}}: v::::::+.,v}:::?:}:•}}:4:•::::.::.:...n.....f..........,. vvn'v :: ..'::•}' •}}}":•: {'}};:i:+.}}:{{t{.?}?:.}:•:r ..rr.}...............+.....r.r..n.... :::<':'•a::`:ti::•,•:::::' 'r: ...{. :"::•`::s;:�:S::n'::�:;}: :: ::`:t:t��a:::•.'•.: %::fi ::::::� ':::tit 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: • September 9, Regular Council Meeting COUNCIL ACTION: A T D 4110 Comments: AGENDA PAGE TWO SEPTEMBER 23, 1996 • 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: 7. SPECIAL ORDER OF BUSINESS: A. Presentation of Resolution No. 5018, Proclaiming October 6 - 12, 1996 as Cities Week in Minnesota. Staff Report No. 96-1845C. COUNCIL ACTION: A T D Comments: 8. CONSENT AGENDA A. Approval of Resolution No. 5015 Approving Just and Correct Claims Against City Funds. B. Set Public Hearing for 7.05 p.m., Monday, October 28: 1996considerto a conditional use permit and development review for the New Apostolic Church at 3025 County Road H, Planning Case No. 452-96. C. Set Public Hearing for 7:05 p.m., Monday, October 14, 1996 to Consider an Ordinance Relating to Licensing, Amending Title 500, Chapter 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. D. Approval of Resolution No. 5013, Wage Adjustment for Dawn Weitzel, Administrative Intern/Interim Deputy Clerk. Staff Report No. 96-1846C. E. Licenses for Approval General (Commercial- New Bridges Leasing Co. FedTech Inc. Masonry-New M.J. Arndt Construction Co. • • 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 11111 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 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. iitiosiniiiiiimaintrframmappovisumnfoREZASCOMAVVIVMurnmagniENE IEEMMIM.MMMEMMBNAMNANttiklitikISWEttitVHWMNUrrounmgogmgiiimmim AGENDA PAGE FOUR SEPTEMBER 23, 1996411 10. PUBLIC HEARINGS 7:05 p.m. Public Hearing Considering Adoption 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. Staff Report No. • 96-1842C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 11. COUNCIL BUSINESS: A. Consideration 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. Staff Report No: 96-1842C. (Staff Presenter: Chuck Whiting, City Administrator) 110 ROLL CALL VOTE Mayor Linke Councilmember Trude Councilmember Blanchard Councilmember Hankner Councilmember Quick COUNCIL ACTION: A T D Comments: B. Introduction of Ordinance Relating to Licensing, Amending Title 500, Chapter 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. Staff Report No. 96- 1843C. (Staff Presenter: Cathy Bennett, Economic Development Coordinator) COUNCIL ACTION: A TD Comments: • 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 SIX SEPTEMBER 23, 1996 • G. Consideration of Purchase of Two Tax Forfeited Properties. Staff Report No. 96- 1850C. (Staff Presenter: Pam Sheldon, Community Development Director) COUNCIL ACTION: A T D Comments: H. Consideration of Resolution Numbers 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. Staff Report No. 96-1851C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: I. Consideration of Resolution No. 5019 Approving Participation in Financing, Construction and Operation of a Four Sheet Ice Facility. Staff Report No. 96- 1852C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: J. Consideration of Resolution No. 5012 Approving the Hire of a Planning Associate. Staff Report No. 96-1853C. (Staff Presenter: Chuck Whiting, City Administrator) • COUNCIL ACTION: A T D Comments: • AGENDA PAGE SEVEN INDSEPTEMBER 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. Staff Report No. 96-1855C. (Staff Presenter: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 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: AGENDA PAGE EIGHT SEPTEMBER 23, 1996ell 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: SEPTEMBER 30, 1996 NEXT COUNCIL MEETING: OCTOBER 14, 1996 13. ADJOURNMENT 111 • • MEMORANDUM To: Mounds View City Council From: Cathy Bennett, Economic Development Coordinator Subject: Addition to 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. • cc: Chuck Whiting • 1 AP P 0 ;. Page 1 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. 1111 VOTE: 5 ayes 0 nays Motion Carried r Page 2 August 26, 1996 • Mounds View City Council ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Park&Recreation Commission Meeting Minutes-June 27,1996 Cable Commission Meeting Minutes-June 12, 1996 Cable Commission Meeting Minutes-July 10, 1996 MOTION/SECOND: Trude/Blanchard to Accept the Minutes of the Park&Recreation Commission Meeting on June 27, 1996,and the Minutes of the Cable Commission Meetings on June 12, 1996 and July 10, 1996,as presented. VOTE: 5 ayes 0 nays• Motion Carried SPECIAL ORDER OF BUSINESS: A. Resolution Commending Deputy Fire Chief Harold D.Hovland for His Service to the Spring Lake ParkBlaine/Mounds View Fire Department. Mayor Linke read Resolution No.4994. MOTION/SECOND: Blanchard/Trude to Approve Resolution No.4994,Commending Deputy Fire • Chief Harold D.Hovland for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department. VOTE: 5 ayes 0 nays Motion Carried • B. Resolution Commending Fire Operator Michael J.Welle for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department. Mayor Linke read Resolution No.4999. MOTION/SECOND: Quick/Trude to Approve Resolution No.4999,Commending Fire Motor Operator Michael J. Welle for His Service to the Spring Lake Park/Blaine/Mounds View Fire Department. VOTE: 5 ayes 0 nays Motion Carried CONSENT AGENDA: Mr.Whiting,City Administrator read the Consent Agenda as follows: A. Resolution No.4998,Approving Just and Correct Claims Against City Funds. B. Licenses for Approval Cement CCS Concrete&Masonry,Inc. -New • Page 3 41, 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. 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 4 August 26; 1996 • Mounds View City Council 3) that approval and all necessary permits be obtained from the Rice Creek Watershed District. Ms. Sheldon noted that as part of the discussion on the parking lot and its relationship to the street,the City Forester has requested that the existing trees on the site be moved within 8'to 9'from the curb along the right of way. The applicant has agreed to this. Mayor Linke closed the Public Hearing at 7:22 p.m. MOTION/SECOND: Trude/Hankner to Approve Resolution 4991,Recommending Approval of an Amendment to Development Agreement No.87-81,with Mounds View Business Park,Building G,5251 Program Avenue,and to Approve Resolution No.4997,Recommending Approval of the Development Request of Everest Development,Ltd.,Mounds View Business Park,Building G.,5251 Program Avenue. VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider Ordinance No.588,an Ordinance Amending the Development Contract Language of Chapter 1006.06,Subd.4 of the Municipal Code. Mayor Linke opened the Public Hearing at 7:23 p.m. Ms. Sheldon asked that this Public Hearing be tabled to the September 24, 1996 city council meeting. The 111/ reason for this is that at the August 7, 1996 meeting,the Planning Commission asked that they be allowed to review the final ordinance before making a recommendation to the City Council. The final draft of the ordinance has not been completed to date,therefore,it is necessary to continue the Public Hearing on September 24, 1996. MOTION/SECOND: Hankner/Trude to continue this Public Hearing until the second City Council Meeting in September, 1996. VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider Ordinance No.589,An Ordinance Amending Chapter 1301,Entitled "Flood Plain Zoning" by Amending the Definition of Structure in Section 1301.04,Subd. 15; Section 1301.07,Subd.7 on Flood Insurance Notice and Record Keeping; Section 1301.10 Subd.5 on Travel Trailers and Travel Vehicles; Section 1301.10 Subd.2.c.(3)on Accessory Structures;and Section 1301.13333,Subd.2 on Non conforming Uses,and to correct minor typographical errors and errors in cross-references. Mayor Linke opened the Public Hearing at 7:25 p.m. Ms. Sheldon explained that this ordinance will amend the city's flood plain zoning district so that it is in compliance with Federal law. This will help to insure that the city is still eligible as a community for flood • insurance. Ms. Sheldon noted that this Chapter is considered a building-type regulation and therefore the notice of the 111 public hearing must be published in the newspaper. This was not done previously,and therefore Page 5 416 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 111 B. Consideration of Resolution No.4984,Supporting Cooperative Livable Cities Demonstration Grant Application to Metropolitan Council for I-35W Corridor Coalition Planning Activities. • Page 6 August 26, 1996 • Mounds View City Council Mr. Whiting explained that this resolution is in support of a cooperative grant to the Metropolitan Council between the Cities of Mounds View,Arden Hills,New Brighton, Shoreview,Blaine and Roseville. The idea is to apply for the funds to help develop the I-35 Corridor for housing,economic development, GIS data gathering and data base sharing and other related items of interest. He noted that the application is due by August 30, 1996. MOTION/SECOND: Quick/Hankner to Approve Resolution No.4984, Supporting Cooperative Livable Cities Demonstration Grant Application to Metropolitan Council for I-35W Corridor Coalition Planning Activities. Ms. Trude asked if a match is required for this grant or if it is 100%funded. Mr.Whiting noted it is 100% funded but there is some work required by the administrative staff. VOTE: 5 ayes 0 nays Motion Carried C. Consideration of Resolution No.5000,Authorizing the Scheduling of Certain Meetings of Resident Groups in the Bel Rae. Ms.Trude read Resolution No. 5000 MOTION/SECOND: Trude/Blanchard to Approve Resolution No. 5000,Authorizing the Scheduling of 110 Certain Meetings of Residential Groups in the Bel Rae. Ms.Hankner noted that she interpreted"Residential"to mean overnight. She stated she would feel more comfortable if"Residential"was changed to "Resident"in both the title of the Resolution and in the fmal paragraph of the resolution. Ms.Trude stated she would be agreeable to the change. Ms.Hankner stated she understood that at the time this issue was last discussed,staff was asked to go back and determine what an appropriate damage deposit would be for the building. She has not received any information back from the staff on this. Ms.Trude explained that this resolution would allow a meeting place for groups such as Crime Watch, Homeowner Associations,etc., who would not be holding a party. MOTION/SECOND: Quick/Hankner to table Resolution No.5000. VOTE: 2 ayes 3 nays Motion FAILS Mr.Quick asked if the rooms currently used by the groups are no longer available. Ms.Trude explained that the Bel Rae facility would provide more space. Mr.Quick stated he has not been made aware of any need for additional space. If additional space is needed, why hasn't the Park&Recreation Department made the Council aware of it? Page 7 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. Ouick: 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, ---44n � J6/ /j7/C Tamara D. Saefke Recording Secretary 7A , Q Ito-I 845c 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 MakingCities Count - PreservingOur Quality Q tY 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) 1111 cgpr V3- REQUEST FOR COUNCIL CONSIDERATION Agenda Section • STAFF REPORT Report Number: /G QU�J®� Report Date: 9/19/96 CITY COUNCIL MEETING DATE OEM 0� 1 September 23, 1996 Special'Order of Bus. X Consent Agenda 1'"'? rt.Partnet*4. 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. G U 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 IT 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 • cur 1'x CITY OF MOUNDS VIEW Agenda Section 10 11 A REQUEST FOR COUNCIL CONSIDERATION Report Number: 2. O ;i�%%e STAFF REPORT Report Date: 9/19/96 ill ..' 0 q COUNCIL MEETING DATE _, Special Order of Bus. ____ p�If4s` P"t"e`ss' 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/Summaty(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. • % J Chuck Whiting, City dministrator •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 1 6 REQUEST FOR COUNCIL CONSIDERATION Report Number: qi, 8'436 QW1 RI®S STAFF REPORT Report Date: 9/18/96 0 a , DEW COUNCIL MEETING DATE Special Order of Bus. A~°4'resi.Part jt ''S 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. 0ssction 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. ' L-rt-c--61--- Economic 0 evelopment Coordinator COMMENDATION: Waive the reading and make motion to Introduce Ordinance No. 96-591 Relating Illk to Licensing, Amending Chapters 502 and 503, and Adding New Subdivisions to the Municipal Code. ORDINANCE NO. 96-591 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE 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 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Section 502.03 of the Mounds View Municipal Code is amended by adding new subdivisions to read: Subd. 6. Temporary Intoxicating Liquor Special Event. A temporary special event intoxicating liquor license may be issued to a club, or charitable, religious or other non-profit organization which has been in existence for a least three (3) years. The license may authorize the sale of intoxicating liquor on-sale for not more than three (3) consecutive days and may authorize the sale of intoxicating liquor on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating • liquor catering services with the holder of an on-sale intoxicating liquor license issue by any adjacent municipality. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. This license shall be required notwithstanding the requirement of any permit by the state. Subd. 7. Temporary Intoxicating Liquor Banquet. In addition to any permit which may be required by the state. an intoxicating liquor banquet license may be issued only to the holder of an on-sale intoxicating liquor license issued under subdivision 1 of this chapter or to the holder of an on-sale intoxicating liquor license issued by an adjacent city. Such license will permit the licensee to dispense intoxicating liquor at any convention,banquet, conference, meeting or social event conducted on premises owned by the City of Mounds View. The licensee must be engaged to dispense intoxicating liquor at any event held by a person or organization permitted to use the premises and may dispense intoxicating liquor only to person attending the event. The licensee may not dispense or sell intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. 410 0 Sec. 2 Sectiontoread: 502.06, subd. 2 of Mounds View Municipal Code is amended by adding a new paragraph 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 l e. to read: e. Temporary License for Event on City Property: One Million Dollars 1$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: 0 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. 110 Sec. 6. Section 503.07 of the Mounds View Municipal Code is amended by adding a new • Subdivision lc. to read: c. 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 503.03. Subdivision 3 for events on property owned by the City. On any policy or pool providing coverage hereunder,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. 7. This ordinance is effective thirty days after its publication. Read by the City Council of the City of Mounds View this day of 1996. Read and passed by the City Council of the City of Mounds View this day of , , 1996. • Mayor ATTEST: Clerk-Administrator Approved as to form: City Attorney 1110 CITY OF CITY OF MOUNDS VIEWAgenda Section I REQUEST FOR COUNCIL CONSIDERATION Report Number: Tit•LI I7 I1OS STAFF REPORT Report Date: 9/18/96 0 .2. �( COUNCIL MEETING DATE Special Order of Bus. .A September 18. 1996 Consent Agenda rOB��jj,Aartnacs<'`QS ...— 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 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 iii/hyvt L(11— Economic Dev lopment Coordinator RECOMMENDATION: Approve Resolution No. 5011 Authorizing the Acquisition of Real Property • RESOLUTION NO. 5011 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING ACQUISITION OF REAL PROPERTY WHEREAS, the City of Mounds View, Minnesota("City") is a municipal corporation and subdivision of the State of Minnesota organized and operating under Minnesota law, as amended, as is to acquire real estate in the manner provided by law; and WHEREAS, the City Council finds it desirable to acquire the real estate described in Exhibit A attached hereto known as the Bel-Rae Ballroom site ("Subject Property") for the purpose of promoting the health, safety and welfare of the residents of the city; and WHEREAS, the Subject Property is well located, of a suitable size and is otherwise suitable to serve the City's need for said purpose; and WHEREAS, the Subject Property is currently owned by the Mounds View Economic Development Authority ("Authority"), which desires to sell the Subject Property to the City for $1.00 pursuant to Minnesota Statutes, Section 471.64.• • NOW, THEREFORE, BE IT RESOLVED by the City Council, in and for the City of Mounds View, as follows: 1. The City Council hereby fords the acquisition of the Subject Property to be suitable, necessary and reasonable and for a public purpose to serve the needs of the citizens and property owners of the City. 2. City staff are hereby authorized and directed to take all necessary steps to acquire the Subject Property from the Authority for$1.00 by quitclaim deed, including, without limitation,the preparation and execution of all appropriate documents. Adopted by the City Council, in and for the City of Mounds View, Minnesota this 23rd day of September, 1996. Jerry Linke, Mayor ATTEST: Chuck Whiting, Clerk-Administrator • 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. • • • • • i ti%�r- �'s��: � . REQUEST FOR COUNCIL CONSIDERATION Agenda Section ReportNumber: 9 b—I7C IISTAFFREPORT „:Ml;;g Report Date: 9/20/96 •1° CITY COUNCILrMEETING DATE cJ e�j Z 3 IQ 9(p _ Special Order of Bus. '°xess �h,4 Paft�� % 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). i 'lv lW/L Si1 (U ---, Pamela Sheldon, Community Development Director C1OMMENDATION: Adopt the attached resolution approving a minor subdivision for Erik Anderson, Eastwood Road; Planning Case No. 454-96 CITY OF MOUNDS VIEW + PLANNING APPLICATION APPLICANT: /90. 3 74,— Phone 7„_,,,,,,, ADDRESS: 8)d/ r73--W75 i Street Address, City, State, and Zip Code c/. { 4- Interest in Property FA 1-1t� - 6v p rty (check appropriate box): [a Owner of Property 0 Contract for Deed Owner . ... _ _ _.... __ - . ..... ... _.. .-...._. µms rr . ❑ Lessee, Operator Ma• nager • . ❑ 'Agreement to )(1 box) ••• • Q• Other (explain) • -Doaunentary evidence of applicant's interest in the property may be required before final City acton of this request. • PSOPE TY. INVOLVED: - • _. _ Address/General Location c�Da•! . ,, o ;Pam Legal Description or Property-Identification Nurnbe• rg o � y i -�Q� Ws-Mize Coe f . c � c �,srcC� Legal Owner: Name/Address e. l. i9 _ F�11 PFJ,/mac/ - •` u ua-fc,--1l • .S-7%/z - . Present Use (check appropriate box): • ❑ UndevelopeciNacant • ( Single Family Dwelling ❑ Duplex/Two Family Dwelling - .• ❑ Multi-Family (No. of Units ) ❑ Business/Commercial Establishment ❑ Industria! Establishment • ❑ Other (explain) Property Ciassification: [ Abstract ❑ Torrens • REQUEST: i,. ,ese' 244 -P.�-2fl-- 'Please note: Applicant may be responsible for adcitional fees associates with the review of this request. I HERESY DECLARE THAT THE ABOVE STATEMENT ARE TRUE �..�� x„ir,,,,r,r, Signature Rezoning $200/acre-minimum$200.matamum S1,000 Paris Fund Dedication Fee Variance FI-1 to R-2-S75.ail others=00 Daae ct Paid Conoiticnal Use Permit R-1 � R-2-575,ml others=CO Receipt Number Code Appeej $75 Oeveioo.iSite Plan Review •.• acre.minimum 100.maximum 5500 Total Fees Paid 1 1.50 Minor Subdivision 5150 Maur Subaivisipn . e Cara Paid .8-?- If 0 plus S2_0 deposit Receipt Number C-" LI ;r) Como- PlanAmendment 5200 Wetland Alteration Permit $50 plus deoc rat determined by Starf Additional Fee Paid IP Wedanc Surfer Permit Si 0 Panning Sign S50 Cate Paid Pan Receipt Number $350 PUO Amendment S150 Cats of nasal ac-.:on // APPROVED C DENIED C TAg� Dare • g"7 - 4/6 V Panning Case No. y-q ,Lino.cawVIII/Urnc.oevevaacm;6Lsalc31LY/11) Individual(s)to Individual(S) No delinquent taxes and transfer entered:Certificate of Real Estate Value( )filed( )not required Certificate of Real Estate Value No. ,19 • 0 County Auditor Deputy • STATE DEED TAX DUE HEREON:S 280.50 DateJuly 25 ,19 96 (reserved for recording data) FOR VALUABLE CONSIDERATION, Mar/ K. Siemon, a single person ,Grantor(s). (marital name) hereby convey(s)and warrant(s)to Erik A. Anderson ,Grantee(s), teal property in Ramsey County.Minnesota.described as follows: Lot 61, Spring Lake Park Hill Addition, Ramsey County, Minnesota • (if more apace is needed continue on bad:) to ether with all hereditaments and appurtenances belonging thereto.subject to the following exceptions: ,-)„, , ,,/,,,,,,,,„ Mary t. Lsiemon Affix Deed Tax Stamp Here • STATE OF MINNESOTA COUNTY OF Ramsey The foregoing insavment was acknowledged before me this 25th day of July .19 96 by Marl K. Siemon, a'sincle person /-\ ,Grantor(s). NOTARIAL STAMP Oft SEAL(OR OTHER TIME OR RANK) `/-2' ..,,� SIGNATURE OFhR3ON TAKING ACKNOWLEDGMENT t .,J„) LINDA R.MITCHELL i Tax Statements fix the cal peoaav described in this immmnent abaotd 2 'k?, NOTARY Ptrn(JC•Meti OTA be ecce to(Iadade acme and a�ten of Graaree) '. ' Ihpama.a 6a+nal]1.107„ �~�r Erik A. Anderson 8021 Eastwood Road THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Moundsview, MN 55112 Equity Title Services AND 6800 France Ave. South • Edina, MN 55435 I . • 8198 8205 I N I+ I r�1u - _ 8212 8217 L N N N 1 8180 8185 - 8192 Z 820.;N n 8208 ' DR 1p 8206 8205 .- +r- N 10 n tO � .r.o j 8175 2 0` S' 8160 8171 8200 ::::.::: .::.::�::. 8160 a ro N cm. 8200 i^y N N N 8165 �` 8150 ...... ................... Wim. 8148 8155 9� 8150 8165 8148 p LAPORT 8145 ei `� �i 8145 8140 • 8138 I N N N m 8142 8135 I$' 8 mi of '8140 8135 • 2▪ 863 8132 8127 812 8130 813 7x�s� . 8141 f 8132 8121 8t$ 811 n g N o, n a u) A ++ n _ • 7 n n 9 n N o o r:,-, "� N Id .. N co to to 8111 0 : N + IN8100 8101 a 81061 g N N N N N N N N N N 8124 121 N N N N N r CO 81oa� SHERWOOD 10 a0 ^. 8080 r N N CO -^� N N 8080 8081 N o 8088 8075 N 03 0 c13 0 N 8099 N g 8085 N I N 10 0 131136 8085 I N N l 8060 8065 8084 8085 8070 8071 8066 8071 8068 8071 8072 8071 8072 O 8071 8075 806d 8059 8050 8055 8060 8050 8060 18-3 8040 8045 8045 8046 y 8042 8045 8051 :044 8045 8046 8041 R-0 8030 8036 80408040 _ 8039 8032 8033 ••40 8035 ='32 8031 8038 8026 8025 -80288035 8020 8025 8015 8025 1 8018 8011 8000 a' 2 8019 8030 8016 80 /N‘ 8011 8000=8005 8016 8009 8006 8. 0 8001 8010 .� 7980 8005 7990 7985 8004 7981 7990 in 7981 •90 0 7989 7 •6 0: 7993 7990 7977 7975 7970 7979 7980 7969 79•• 7979 980 0 7985 7970 A, BI 798 + 7960 7961 7964 7975 a 'Y N 79601 7965 7960 O 7959 I 7970 7965 7966 N O 7969 7950 7951 7954 `4 2 7950 7955 7956 7949 7954 7959 7955' m 1 N 7940 7945 7946 7927 ! H LLVI EW 23 0 N •' 7934 7933 7950 • 7930 7935 7930 7917 7940 1 PARK 7945 c� 1 • 7932 n N 7901 a ' a R-40 : N o a 0 'R-3 JO N N N 17900 7901 7900 N N N 7900 7901 N N 7900 Pr '901 N I_N •' . N 7° HILLVIEW lat ROAD a01 1p ..s:11 T N . r. - i -137-1'r 1 2 .III. livr ••0 7.911 N N 17880 7695 I N N 17990 7885 N N 7864 766° N r^' 78611 N aT 7870 7869 7858 I� \--; M1 '"0 7876 7885 7866 7867 7853 • En 7835;7850 m. N 001 3-2 7877 7854 7851 7860 7865 7852 W r' 7850 7821 8 ' 7870 to 7850 7855 7846 78411 . ,11 ) 7863 7842 7841 I :rte °i al 77801 1'47 BXp 7830 0 7840 7835 7840 78291 N I N ( N 13•• 7051 0 7.15 7817 .-1.,. Niiiig: - 7791 4: 3J\ 7820 7815 7790 7800 7809 O1 °f° 778=r 7781 3 . ti 7810 7815 I 7700 7801 77•::::7789 778• 7800 7809 7770 7801 � 7760 7797 7758 7759 7770 p 8-2 .4)ibt78017777 W ns1 nso 7 17748 7749 til y 1 7767 7760 07741 7740 7787 1'- 772 7761 7750 7731 7730 7753_ 770 7721 7720772. 77 : 7723 0:•i R7 3* ti� 7745 7710 7711 771: 771. 771: 7715 tib N 1 0771. 7715 h I 7700 N n 17710 P2 7709+7710 7711 N N N ..................... ...... R-2 ..:..:.::.:..................................................... 76921 •• �+ :)•, nn2m ,2.oa ivii 2553 N PUD u7nn1.4 iAto101014 N 76851 I 7692 7685 76901 0 8-3 N N N N 3 N N N N N 2551 C7 N 7663 ! 7682 N a 2549 0 7 669 7670 ,� 768[8 l,J N R N N 2547 % Y 2545 7565 7660 • 7653 g / %;-3 a08-4 2541 7647 . 7644 0 "6 2539 N 2537 7629 7634 7535 7625 7620 Nimmuir10 -4'~' 7619 7600 7601 SILVER VIEW Q` fri-ri 7585 7594 7575 N 0/ o 4,OD 4 ti -2� 7579 75138 PARK °,4 n N f� 8-2 r n o 0— 7565 7584 0 7565 `r r C' 4.0 1 n 8-3 - z. 00 7555 7572 R-2 .. CO Z.N-.N 14. ch. (I, ''s v 'S+5 I j 7555 7552 on 3`� N ort/2 •1\ ry ` 7560 p 7550'N:P--Tgr PF N N N N N a CO p 010 n55 5 a 7545 7540 o n ° N - P1 ^0, 0 0 S:f N I r • M CO O..Nr N N N_ N 0-N Co �� N I N N 752CO taO * N - CO 2,4 N N DRIVE ."4 Yi7n'4�i►'1'0. `On r N N R-4 7490 7465 ' m 750 N a ,Otos. j N/m N N CO N"73 °N 0 a N 747.4 7493 N N N :.. ::'•:•.:.::.. '::: N N N1,1 .::. in-N 7474 7471 • -...-.._.....__. BRONSON - ::..w.--.7..- BRONSON :. ; ::.;. as+ 7451 7456 N o Vicinity Map: 454-96 m 7444 r 'S' N N l a - 11111 - 8021 Eastwood Road 434 >7415 7442 N W 421 ^1 :1 nOR 7 i .-:- Applicant: Erik Anderson ,si . LOT SURVEYS COMPANY, INC. LAND SURVEYORS RECISPERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73r4 avenue North - 617^560-3003 1 /az No.560-3522 YSasoapoLa.litaaaaota 55426 MINOR SUBDIVISION FG: ERIK ANDERSON �ururyars CBrrtifiratr • . • Regrsrered Land Survey No. Registered Land Survey for I-s Lor 61.Spnng Lake Park Hilvtew f "t Parcels A and B 44—... 1 1 i t ----231.0 N90°00'00"E - - ..---- CI t _ ry• . . . . . . _ ^n t...: O _ ssEc" X: P !t• '; t . zo l•.I5 - m . PARCELk '..��2; :R .i A ! i: PARCEL-1 '6.3 „ c< zt a • n A ¢ t' 23.5 ".1 / - I p, C I 6-t . t: F.14.1 0 0 8 ?F LV'L I - . :.. . ' c --- • — — _-_.231.0_ N90.00'00"-c __4=_ _ 0 w z I . ....r. pp , k o I PARCEL B • 1— I1 (0 m Cl) ; i fr: iJ :ata I l• •.:. tr,t - III/ W R i ;1... I M__. - ....� _�..= •Ir ——"'- 0 231.0 S 90°00'00"W---- 572 :i r.S SpuT �> C 61 7.369 ...1'.: aR Ct.. 7= Gty Coaadl Approval 742-12 1 do hereby orsafy that te the_dn•of .19 .the City Coon)of the City c Moods View m Ramsey Cams.Moines=appo.m the=pun=luno taarvey. Momaamtz are at Survey Notes: sbowe CO the tepamad land survey std shall he set as sheave between Parcel A aid Pawl B.according to .Mouses=Staoies.Section 505 02.Subd.L 1.Property Addams.1021 Fanwood Road 2.Ptopeny toned R-1 Reodetial . . 3.Tota)area of property-311.1)4 Sq.Ft.(0.117 Acres) LevelDem�� _ Jmy lake Mayor oat 61.Spemg Lake Park Hilhtw ATTEST. Parcel A-(19.057 Sq.Ft.) The north T_.5 font as memo=aicog titer m and wet fees l amf of Lot 61.SPRING LAKE PARK HILLVI W.Ana Clod W hoar&City Clerk-Adtimsvntor ocean Minoeaota,acceding so the retarded p1*there0C Deparmrcas of Property Taxation Prod B-(19.057 Sq.Ft) Taxer payable it the via 19 on the Land heron described have been ped also there are no delingumt taxes and transfer mused this day of 19 - . The pore elm 61.SPRING LAKEto PARK HILLVIEW.Aka .. County.hj� th ota.according to e exuded plot thermf lying - •_ - - - souls of the north CL5 fax a nuanced m t the eaand wenn .... -. ' ''--^---.-r_— . ... Comity._ .. Comity Surveyor Catifieate -:7e . . Peluso to Minnesota Stumm Swam.3&3.0.42.this resume[anti survey has beers ccansined sod is .. approved this tiny of .19 sod the mm odioa of Minnesota Sas.Section 505.03.Subdive a%2.have bee 614=4= a • . . • • - Dead D ClaSyool.R-LS. . - - -_ - - _>:Sttey Cause•Surveyor Wain!nform°tron nut ere await win eop•owa - ^ :.. •e excavation aro canesructan. ar.erq _ Carty Registrar arida Certificate _.. awarrnta arta.=on awn own of''";°-°':iarnateat -_ Rc of Tues.County of Ramex.State of Marcos-• not cant - - - - - - Nosey wady that this Registered Lead Sunny go.....-:" was stied in this off=this day of . .19 .at .. danders£M a Dooama Number 1/co say that tea a o true•oar correct rear000nt°1ion of-' • Ot w rxudaNa Or w caoya aesvaat bel ens Ver.. ..- _ • -. .. .. _. ^- - . . It of twoarsoa ofd vise*aawwm aaawnta.It oty.froor on'.- - - - _ - - - " •• .. --- ''.•-:.••••••• ._.'t••'.....:••! .;-. -- _ - _ -- ...,,,..... .......;,,..7...21.! e±:cs°•4u Metcmoa.Caaty Rminda • REVISED AS PER P/C 1 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 472-96 = i CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION FOR ERIK ANDERSON, 8021 EASTWOOD ROAD MOUNDS VIEW PLANNING CASE NO. 454-96 WHEREAS, Mr. Erik Anderson, 8021 East wood Road, has requested approval for a minor subdivision dividing Lot 61, Spring Lake Park Hillview into two lots each having a width of 82.5 feet and an area of approximately 19,057 square feet; and, WHEREAS, the Planning Commission has reviewed the applicant's request for a minor subdivision and has determined that it is in conformance with Chapters 1201, 1202, 1104 and 1204 of the Municipal Code; and, WHEREAS, the applicant has paid the required park dedication fee in the amount of $100.00. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission • recommends approval of the minor subdivision request made by Erik Anderson, 8021 Eastwood Road, contingent upon the following: 1. Prior to transmittal of this case to City Council for action, the applicant provide the following: a. Evidence of ownership of the property b. A revised land survey changing the references to Anoka County to Ramsey County, and adding a note which states: "Utility and drainage easements have been dedicated by a separate recorded easement dated and recorded at c. A document dedicating the utility and drainage easements shown on the land survey, which is acceptable to the City Attorney as to form, and has been executed by the applicant. 2. Prior to signature of the mayor on the land survey, the applicant shall have removed that portion of the driveway which encroaches into the drainage and • utility easement. 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 RESOLUTION NO. 5004 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A MINOR SUBDIVISION FOR ERIK ANDERSON, 8021 EASTWOOD ROAD; MOUNDS VIEW PLANNING CASE NO. 454-96 WHEREAS, Mr. Eric Anderson,8021 Eastwood Road, has requested approval for a minor subdivision dividing property described as: Lot 61, Spring Lake Park Hillview into two lots each having a width of 82.5 feet and an area of approximately 19,057 square feet; and, WHEREAS, the Planning Commission and City Council have reviewed the applicant's request for a minor subdivision and has determined that it is in conformance with Chapters 1201, 1202, 1104 and 1204 of the Municipal Code; and, WHEREAS, the Planning Commission has recommended to the City Council in • Resolution No. 472-96 that this minor subdivision be approved; and, WHEREAS, the applicant has paid the required park dedication fee in the amount of $100.00; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the minor subdivision request made by Erik Anderson, 8021 Eastwood Road, contingent upon the following: 1. Prior to signature by the mayor on the surveyor's certificate, the applicant provide the a document dedicating the utility and drainage easements shown on the land survey, which is acceptable to the City Attorney as to form, and has been executed by the applicant. 2. Prior to signature of the mayor on the surveyor's certificate, the applicant shall have removed that portion of the driveway which encroaches into the drainage and utility easement. 3. The City Council resolution of approval, the surveyor's certificate and the drainage and utility easement be recorded with Ramsey County within sixty(60) days of • 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 i C:il r2 REQUEST FOR COUNCIL CONSIDERATION Agenda Section I _ I I STAFF REPORT Report Number: gL ,.;;;P�,,;:M Report Date: 9/19/96 CITY COUNCIL MEETING DATE = ° ; ,:'•7:%Yt September 23, 1996 Special Order of Bus. �A '°�iest Partrert�lQ' 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) l Summary: • The City is pursuing construction of a pedestrian bridge over Highway 10 at Long Lake Road. A bridge design has been developed by BRWY 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 opping 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. aniela Sheldon, Community Developent Director iiitECOMMENDATION: Adopt the attached resolution authorizing the acquisition of property by proceedings in eminent domain. • • 1110 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 tie safe and efficient movement of 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 0 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 • View, 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. • 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) • i EXHIBIT A Legal Description of Subject Property That part of the Northeast Quarter of Section 7, Township 30, Range 23, Ramsey County, Minnesota, lying northeasterly 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'bfi 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) �' E u 've Director REQUEST FOR COUNCIL CONSIDERATION Agenda Section STAFF REPORT Report Number:mw G OWN Report Date: 9/19/96 CITY COUNCIL MEETING DATE �� A, Special Order of Bus. 0 -„ aii September 23. 1996 _ Consent Agenda dies.-Partne104' 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 iiretropolitan 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 Viewill be a participant. 4 Je ' i er B 0a an, H using Inspector COMMENDATION: Approve/deny Resolution No. 5010 supporting participation by the City of ounds View in the Livable Communities Act for 1997. RESOLUTION NO. 5010 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1996 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalisation Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and 111/ WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Funds or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, • negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 or each year; and • 1 { WHEREAS, for calendar year 1997, a metropolitan area municipality that did not • participate in the Local Housing Incentive Account Program during the calendar year 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. A1TEST: Mayor (SEAL) • City Administrator • 0 gird:'MY REQUEST FOR COUNCIL CONSIDERATION Agenda Section I I • STAFF REPORT Report Number: 11F F l • I l it illi jib Report Date: 9/19/96 • CITY COUNCIL MEETING DATE — ��: ir- Special Order of Bus. Dig;,a; September 23. 1996 — Consent Agenda 'per /r'ess.Partne044 g 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 410yit does not have road access. The other lot marked on the map adjacent to the tax forfeited lots is owned 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 IF •i er Be • an, Hot/ging Inspector COMMENDATION: 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 I r� TN ` - n a y a (/) �� 7�- 1 it f i t Gls [ s �!•.r' i © m l _.Lin n .. a i.' j. = �� /J�. r a 1' n- '�` - ..tea'"�:R ' - 1 --- li __ . =111. 1.® a 0 !!!5_llft = --- iv i i�11 .�1 _ x - ©©■_�l a L a. NUM= •1 I iiinnirmilia bulling_g I;3 /./ / „i '_I km A I''.THFlE ;CM ilh3 1911 w Atmmg prAd 5- :.f�P._. � -E fir' a BEU0� - eFM i i llNiri IieiA®o ,+5E� B' � .e.aa : :liAll mn�MP: j°°. 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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, 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 10%postconsumer 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 assmts * $1, 335.90 RCC DIST # 1 • OTT OF CITY OF MOUNDS VIEW Agenda Section I H" OMfn` O REQUEST FOR COUNCIL CONSIDERATION Report Number: q 1r i ' G STAFF REPORT Report Date: 9/19/96 • A _ [E COUNCIL MEETING DATE ' _ Special Order of Bus, ,AConsent Agenda /fres.Partners September 23. 1996 _, g 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. PeZ . ' III/huck Whiting, Ci Administrator &COMMENDATION: Request Council actions approving Resolution Nos. 5016 and 5017. Resolution 96- 150J RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO CONTINENTAL WHEREAS, the cable television franchise(the "Franchise") of the municipality of Mounds View (the "Authority") is currently owned and operated by Group W Cable of the North Suburbs d/b/a Meredith Cable Company ("Group W") which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby said general partner is proposed to be replaced by North Central Communications Corp., Continental of Minnesota, Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the "Meredith/Continental Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the transfer of control contemplated by the Meredith/Continental Agreement; and WHEREAS, no notice of breach or default under the Franchise has been issued by • Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, Continental possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the Meredith/Continental Agreement is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from Continental Cablevision, Inc. in the form attached hereto; and 2. Documentation that a wholly owned subsidiary of Continental Cablevision, Inc. is duly admitted as a successor general partner pursuant to the Restated Agreement of Limited Partnership of Meredith/New Heritage Strategic Partners, L.P. dated December 30, 1991 or any amendment thereof; and 3. Payment of$100,000 to the North Suburban Cable Commission as required in the Memorandum of Understanding between the Authority and Group W for equipment purchases; and • 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 • Resolution 96- 50/7 RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO US WEST WHEREAS, the cable television franchise(the "Franchise")of the municipality of Mounds View (the "Authority") is currently owned and operated by Group W Cable of the North Suburbs d/b/a Meredith Cable Company ("Group W"), which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner of MNHSP, has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be . owned by Continental (the "Meredith/Continental Agreement"); and WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate Guaranty; and WHEREAS, the Authority has consented to the transaction described in the Meredith/Continental Agreement; and WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned • subsidiary of US WEST, Inc., (herein collectively known as "US WEST")pursuant to that certain Agreement and Plan of Merger dated February 27, 1996 (the "Continental/US WEST Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the merger of Continental and US WEST (the "Continental/US West Merger"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, US WEST possesses the requisite legal, technical and Pmnrial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is hereby consented to by the Authority and permitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from US WEST, Inc. in the form attached hereto; and • • 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 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 Iar BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION • ATTORNEYS AT LAW 055 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 D. CREIGHTON LEGAL ASSISTANTS SCOTT A. LIFSON JO BROWN TELEPHONE (612) 546-1200 DAVID K. NIGHTINGALE? JOAN M. SCHULKERS FACSIMILE (612) 5.46-1003 KATHRYN G. MASTER MAN PAUL J. OUAST' 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 • has 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. ' 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 • company of the reasonable fees associated with the commission analysis, and actual closing MEMORANDUM August 26, 1996 • Page 2 of the transfer. The US West resolution is conditioned upon them receiving all necessary federal, state and local waivers to operate the system; and 3. A copy of the corporate guaranty which the parent companies will be required to sign (attached to the copy of the resolution). After your consideration, please sign the original (you may keep the copy for your records) and RETURN THE ORIGINAL SIGNED RESOLUTION TO MY OFFICE AS SOON AS POSSIBLE. YOUR ACTION MUST BE TAKEN BEFORE SEPTEMBER 30, 1996. -" If you have any questions, please feel free to contact this office. A summary of the transactions is also included to expedite your review. Thank you for your consideration. TDC/rs • • . • .... • SLA IARY 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. • 2. 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 III city, BUT THAT DECISION IS A SEPARATE DECISION FROM THIS TRANSFER DECISION. 6. The League of Minnesota Cities has told us that US West has sued a city in Minnesota over the use of rights-of-way. Why would we want to cooperate with US West in this • transfer? It is true that US West has an ongoing dispute with Minnesota cities over ordinances which attempt to control use of rights-of-way. That dispute is not related to this transfer, except for the fact that it is the same company involved in the dispute. The simple answer is that the law requires that you must consent to the transfer unless you have a reasonable basis to deny, based on the limited standards of review -- the legal, technical and financial characteristics of the purchaser. YOU MAY NOT DENY THE TRANSFER SIMPLY BECAUSE YOU DO NOT LIKE US WEST. 7. What are these corporate guaranties, and why are we requiring them? During the analysis, the complicated corporate structure proposed by both companies caused the commissions to be concerned about which entity could be turned to if a catastrophic problem arose with the local system. Therefore, we determined it to be in the best interest of the cities that the assets of the parent corporations be pledged to support the local systems. This is an extraordinary remedy, and not often secured. However, the commission has received from both parent companies a pledge that they will give such guaranties, and your resolution will not be effective until such guarantees are received. 8. If we are in the process of renewing our franchises, won't this slow us down? 1111 Certainly the dynamics of the renewal processes have been changed. However, the companies have assured the commissions that the local management will remain responsible for negotiating renewals, and they will be authorized to enter into all necessary agreements. US West, if they receive the FCC waiver, will have to divest themselves of the systems within 18 months. There has been some concern about US West's desire to enter into long term commitments with systems they will not own. This is a legitimate concern. Should the commission determine that they new company is not negotiating in good faith, remedies such as denying the renewal or extending the franchise until the new owner is in place are all available to the cities. 9. Will our existing cable franchise remain intact? Yes. The company holding the local franchise will not be changed because the transfers are occurring farther up the "corporate ladder". Any transfer of ownership requires that the purchasing company agree to comply with all existing franchises, as amended, and any other agreements which the current owner has with the cities and commissions. TDC/rs C:\CAB LE\M E RE D ITH\S U M M A R Y • r BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW S A. SUSSMAN SUITE 1200, THE COLONNADE tALSO ADMITTED IN WISCONSIN L J. SHAPIRO 5500 WAYZATA BOULEVARD 'ALSO CERTIFIED PUBLIC ACCOUNTANT , UL A. BERNICK MINNEAPOLIS, MINNESOTA 55416-1270 THOMAS D. CREIGHTON LEGAL ASSISTANTS SCOTT A. LIFSON JO BROWN TELEPHONE (6121 546-1200 DAVID K. NIGHTINGALEt - JOAN M. SCHULKERS FACSIMILE (612) 546-1003 PAUL J. QUASI-. KATHRYN G. MASTERMAN 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. Kowaisicv.,/,. / ,Zfil, , — 4 RE: Request for Approval of Transfer of Ownership; Continental to US West DATE: August 9, 1996 1111 FINAL 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 MeredithlNew 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 •ranchise Agreement or operative state or local law. Although additional information was MEMORANDUM August 9, 1996 • Page 2 required and received from US West, for the purpose of this report, ordinarily the 120-day period would be calculated from the dateof receipt of FCC 394. However, the Authorities simultaneously received FCC 394 for a proposed transaction between Continental and US West, Inc. and FCC 394 for the Meredith/Continental transaction. While the companies held the position that the transactions were simultaneous and therefore the Authorities' review must be completed for both transactions within one 120-day period, this office asserted that the transactions were consecutive and therefore the Authorities would have 120 days for the first transaction, and another 120 days for the second. It was also obvious that this situation was unprecedented, and the legal authority was unclear as to the veracity of either position. - Therefore, the companies and this office on behalf of the Authorities began negotiating a mutually • acceptable review time period. Of particular concern to the company was the desire to close the US West transaction prior to the end of 1996. Consecutive 120-day periods would have exceeded that closing deadline. The negotiated settlement is set forth in correspondence from the companies' counsel and a response from our office and is attached hereto collectively as Exhibit 1. The parties agree to conclude all actions required by the political subdivisions who are members of the various Authorities on or before September 30, 1996, unless the US West closing deadline is extended beyond October 1, 1996, in which event the deadline will be extended to October 18, 1996. The purpose of this report is to provide the Authorities with an understanding of the transaction and the standard for review. . 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 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 4 franchise authority cannot unreasonably withhold such approval. Minnesota law also arguably requires a shorter review period than the 120 days. In any event, we have opined that it is more probable than not that the federal statutory time of 120 days preempts those state statutory timelines which are inconsistent with the federal timelines. Exhibit 1 also indicates that US West has waived objection to the review process of Authorities which may have conflicted with state procedural timelines. It should also be noted that the Hudson/North Hudson and South Washington County deadlines were extended by agreement of counsel for US West to be the same as the negotiated deadlines for the previous Meredith systems. ' 2. STANDARD OF REVIEW. The Authority's task in this process is to review the information provided regarding the transfer and to approve or deny the transfer to US West. The Authorities have the express right to approve or disapprove such a transfer. The standard of review is that the Authority's consent shall not be unreasonably withheld. For the purpose of determining whether it will consent to the transfer, the Authority has attempted to make inquiry into the legal, technical and financial qualifications of US West, a well as other appropriate factors. During such inquiry, it was evident that a subsidiary of US West would own and control the Continental systems, although that subsidiary became a moving target and, as discussed later, is still not entirely identified as of the drafting of this report. Therefore, at times this analysis encompasses not only US West, Inc., but various subsidiaries which may own and control the cable systems serving 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.. The Authority should focus on the following factors in determining whether to approve 0 or deny the transfer: 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. 0 MEMORANDUM August 9, 1996 1111 Page 6 3. DESCRIPTION OF TRANSACTION. The transaction is a merger of Continental Cablevision, Inc. into US West, Inc. Following the merger, Continental Cablevision, Inc. will cease to exist as an independent entity. However, the existing local operating companies will be maintained as distinct legal entities and will continue to operate the Authorities' cable systems. The merger of the two companies is accomplished through the exchange of Continental common stock for U S West Media Group common stock and the assumption of Continental liabilities by U S West. In order to understand the merger transaction, it is important to know that in November, 1995, US West restructured its business into two separate units: the Communications Group which deals • with telephone and operations; and the Media Group which controls the cable television operations, wireless communication systems, and directory and information services. Both the Communications Group and the Media Group do business through subsidiaries of US West, Inc. US West has represented that the assets of Continental, including all subsidiary corporations which are the current franchise holders, will be placed in a new subsidiary of US West, Inc. called "Merger Subsidiary". The operating companies will become subsidiaries of the Merger Subsidiary. Because the local subsidiary remains the same and continues to hold the local franchise, albeit under US West's control, the local subsidiary will continue to be bound by all existing terms and conditions of the local franchise. However, there were a number of issues which had to be resolved before approval of the transaction could be recommended. 110 MEMORANDUM • 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 August 9, 1996 Page 8 handled by the same experienced management group that operates the system today." The documentation for the proposed merger does not bear out this assertion. Counsel for US West verbally indicated that Amos Hostetter, the chief shareholder of Continental, will be named President of the cable division of US West Media Group, Inc. (a subsidiary of US West, Inc.), which is not the company which will own the previously Continental cable systems and franchises. In responses to the request for a schematic diagram of the post-merger ownership structure from the franchise holding entities up to US West, Inc., counsel for US West provided a chart eliminating all entities other than the franchise holders, the Merger Subsidiary, and US West, Inc. Even assuming that the personnel directly controlling the cable systems remain in place, there is no a laranty that the corporate philosophy of Continental will survive the merger. Rather, • it is more likely that additional bureaucratic constraints will exist within the US West, Inc. group than existed in Continental. It is no assurance that the individuals who directly interact with commission members will be retained when there is no information on the upper-management strategic plan for use of the cable system. Fourth, industry publications estimate the purchase price of this transaction at $11 billion, with one-half of that figure used to retire existing Continental debt. The merger agreement contains a formula for determining the purchase price based on financial information available at closing and subject to financial adjustments which can be calculated using information known only to the parties. When asked to provide a "ballpark" estimate of the purchase price for this transaction, counsel for US West referred back to the formula contained in the merger agreement. MEMORANDUM 0 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 • indicates merger s that the financial community believes the 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 August 9, 1996 • Page 10 All of these issues are addressed later in this report. The cable systems will continue to be operated by the existing subsidiaries, and the franchise holders will not change. A chart showing current ownership/control structure of the entities is attached hereto as Exhibit 3. A post-merger chart is attached hereto as Exhibit 4. 4. LEGAL QUALIFICATIONS. The legal qualifications standard relates primarily to an analysis of whether US West or its subsidiary is duly organized and authorized to own the cable systems. It should be noted that current federal law has shifted dramatically regarding the ownership of cable systems. US West maynotpurchaseand own these cable systems (except Hudson/North Hudson) because the cable systems are located in US West telephone service territory. US West has filed a Petition for Special Relief requesting an 18 month temporary waiver to own the Minnesota systems. The comment period runs through August 20, 1996, and this office is responding on behalf of the Authorities. It will be argued that the Telecommunications Act of 1996 requires approval by the the Authority of any Request for Waiver on behalf of US West. Counsel for US West proposed that any consent to FCC 394 could be considered a consent to the ownership waiver. That argument is specifically rejected by this analysis and any resolution adopted to consent to this transfer should specifically state that it is not a consent to a waiver. S MEMORANDUM illAugust 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 West,of 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 US West in operating and maintaining a cable system. This analysis focuses on the current and former 1111 experience of the proposed owner. US West has little such experience and relies almost entirely MEMORANDUM August 9, 1996 Page 12 on the Continental officers and staff it will absorb. US West has stated that the overall local management structure of Meredith and then Continental will survive. Inquiries were made as to local management, and Continental advised the Authorities that Mr. Griffin and Mr. Commers will remain as local managers. US West has responded that they have no current plans for changing staff positions. Continental has brought back a previous local manager of the St. Paul systems, Randall Coleman. Mr. Coleman will be Vice President of Operations, Minnesota. Mr. Griffin and Mr. Commers will report directly to Mr. Coleman. Mr. Coleman will report to Emmett White, Senior Vice President, Central Region, who will report to William T. Schleyer, President, Continental. This entire structure will be absorbed into US West at various corporate levels of • the transaction. It should be noted that experience has shown that perpetuation of local management structures do not survive for the long term. The same local management teams the Authorities are familiar with will apparently remain after US West ownership, if such ownership occurs. Under Mr. Coleman's leadership, Continental of Minnesota will have three experienced and qualified local managers: Kevin Griffin, Meredith systems; Jim Commers, previous King Videocable systems; and Fran Zeuli, General Manager of St. Paul and Northern Dakota County. It is highly improbable that all four gentlemen will remain in leadership capacities for a long period of time as the systems consolidate and develop. However, no plans for change were 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" createdthe g by divestiture of AT&T, has loner 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 August 9, 1996 • Page 14 In May of 1993, US West entered a partnership of Time Warner Entertainment, the first partnership between a major telecommunications provider and a major cable television company. US West is a 25% partner in Time Warner. In December of 1994, US West acquired 54 cable television franchises in metropolitan Atlanta. The combined systems form the largest single city cable television operation in the United States. US West has begun a $250,000,000 rebuild of the Atlanta cable systems utilizing hybrid fiber/coax design that is telephony/interactive/multimedia capable. US West stresses that the day-to-day operations will continue to be handled by the same experienced management group that operates the Continental and Meredith systems today. US West asserts that the decentralized management • lazed and locally responsive structure will remain, together with Continental's engineering and technical support personnel. The individuals identified by US West in local leadership capacities are the same individuals identified by Continental in the Meredith/Continental transaction. Continental Cablevision is a known quantity in Minnesota, having operated the St. Paul and Northern Dakota County systems from their inception. Additionally, Continental has acquired the King Videocable systems and has operated them for almost two years. While local franchise authorities report that they have had the usual "ups and downs" with Continental as a cable operator, there have been no notices of non-compliance and no litigation in the systems. Generally, Continental receives a good report from franchise authorities in Minnesota who have experience with Continental as its cable operator. 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 • programming services such as Turner Broadcasting, E! Entertainment TV, and Music Choice. 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, III MEMORANDUM • August 9, 1996 • Page 16 ordinance negotiations, regulatory matters, and various functions relating to the strategic planning of corporate growth within the region. In summary, the Continental organization appears to be staffed from top to bottom with technical expertise in the cable industry. US West has replied to the Franchise Authorities' Request for Additional Information by stating that it will comply with all FCC technical standards and will comply with all current franchise requirements regarding the technology of the cable system. Based on our review of information provided, it would appear that the Authorities could not reasonably withhold approval of the transfer on the basis of the technical ability of Continental, its management and its principals, which will becomemanagement p p the and principals of US West cable operations in Minnesota. 7. FINANCIAL STABILITY. The financial stability factor relates to whether US West has the financial resources available or committed to not only acquire the system, but also whether its financial plan, as presented, is reasonable and economically viable. In the interest of preserving financial resources, the Authority has chosen not to engage a separate financial consultant to undertake a comprehensive review of this factor. Frankly, if US West does not qualify financially, one would have to wonder who would. However, with the elusive corporate structure of the transaction and with apparent dumping of Continental into a yet unincorporated "to be" shell corporation, access to US West's financial stability appeared tenuous at best. MEMORANDUM 40 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 • representatives of US West and informed them that we would require a performance guaranty tY 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. 'I MEMORANDUM August 9, 1996 . Page 18 8. OTHER RELEVANT FACTORS. Other appropriate factors which have been reviewed for the purpose of determining whether to approve or deny this transfer are contained in the information received for our review. The most significant factor to be considered is whether the franchise will remain intact and whether US West will agree to comply with all existing franchise requirements, promises and representations of its predecessors, including the Memorandum of Understanding agreed to by Meredith. US West has indicated that it will comply with all existing franchise requirements and obligations. US West has agreed to comply with all Memoranda of Understanding. US West has not proposed any modifications to the channel capacity or system design. • US West has indicated that it will comply with FCC technical specifications. US West will seek to accommodate each subscriber's request for the location of drops and will restore property damaged during an installation. US West does not plan any new types of installation fees. US West has agreed to comply with all underground installation policies as such are established in existing franchises. US West will maintain normal business hours for the purpose of receiving customer complaints. Customer service representatives will be available by phone 24 hours a day, 365 days per year, with limited hours only on major holidays. • 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. MEMORANDUM August 9, 1996 Page 20 9. CONCLUSION. As a result of the above analysis, and subject to the contingencies of the attached Resolution, there does not appear to be any reasonable basis for the Authority to deny the request for approval of the transfer. TDC/rs S ROBINS, KAPLAN, MILLER 8 CIRESI • ATTORNEYS AT LAW •T lA N TA 2800 LASALLE PLAZA SOS TON 800 LASALLE AVENUE c�ICAGo MINNEAPOLIS, MINNESOTA 55402-2015 TELEPHONE(612)349-8500 ` LOS ANGELES - FACSIMILE(612)339-4181 MINNEAPOLIS , ! ORANGE COUNTY +,,,., . , SAINT PAUL *l SAN PRA NCI SCO :JOHN F.GIBBs (612)349-8765 WAslI NGToN. 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 w 0 Thomas D. Creighton, Esq. May 13, 1996 Page 2 of Continental Cablevision to U.S. West, Inc. The Applicants have agreed to waive and extend any state and federal statutory time frames to the following extent: The various client governments shall have until September 30, 1996 to act upon the two Form 394 Applications except that, with respect to the Continental/U.S. West Form 394 Application, if closing of that transaction does not occur on October 1, 1996, such deadline shall be extended until the date of closing of that transaction but in no event, later than October 18, 1996. If any of the Franchising Authorities fail to render a final decision on any of the Form 394 Applications by the deadlines set forth above, the transfer consent shall be deemed granted. In addition to the foregoing, the various commissions shall present their final recommendation to their member cities no later than August 22, 1996 except that the North Suburban Cable Communications Commission shall have until September 5, 1996, to present its recommendation to its member cities. • The Applicants agree to the above-described review process and agree that they will not assert any rights under Minn. Stat. § 238.083, subd. 2-4 which would require any shorter time frames, special hearings, or special findings, related to the review process or schedule. • The parties understand that any consent to the change of control arising out of the Continental/U.S. West transaction will be conditioned upon demonstration by the companies that they have obtained any necessary waivers or other such authorizations required to allow U.S. West to acquire and own cable television systems within the U S WEST telephone service region. • Up to a maximum amount of$100,000, the applicants agree to reimburse the various client governments for actual, reasonable consultant and attorneys fees incurred by such governments in reviewing and acting upon all pending Form 394 Applications and related issues. As we have discussed, this amount is inclusive of the reimbursement amount and agreement set forth in Kevin Griffin's letter to you dated January 29, 1996. The Applicants will allocate payment of these fees amongst themselves. The Applicants reserve any rights of the cable system it may have to recoup such reimbursement amounts from cable television subscribers of the system over a 12-month period beginning with the commencement of such recoupment. S Thomas D. Creighton, Esq. ay 13, 1996 e3 We look forward to your confirmation of this agreement in writing by May 15, 1996. On behalf of the Applicants, please let me take this opportunity to express our commitment to work with you and the Franchising Authorities throughout this process. Thank you very much for your commitment on these matters. Very truly yours, ROBINS, KAPLAN it LER& CIRESI John F. Gibbs i JFG/ch i cc: Mr. Robert Ryan Mr. Fran Zeuli Mr. Kevin Griffin Mr. Nile McDonald • • • BERNICK AND LIFSON . A 301O/t3310NAt. A330G1AT1ON A770 RN EYS 4.7 LAW su1TC 12CC. •Aso +o..1r..a ' .N M.SC7Ns.N S A. 3U33MAN Tr�C �.",.LCNNADC J. s�Aa1g0 •A1-5.2CCATI..CO �UeL.0 AGC.'1 UNTANT ss00 wAY.A TA 3CULSvAAC A. eCANICx• MINNEAPOLIS. MINN E$' 1A 53416-IZ70 .As CACIGI.TON LC6+L A3313T+NT3 "T A. LIF30N JG 30/Own, TtLL?.•ONC 06421 546-.200 0 K. NIG MTINGALCJOAN M, SC*•u LxtAs FAC31MILC {6.21 3-6-.CO] KA TMDYN v. MA3TS.A MAN J. CUA3T- IC3A M, KOWALSKI :CCA J. -CLTZCA CAT J. V. V03C May 30. 1.996 Via Telecopier and U.S. 4'Iail • • Mr. John Gibbs - Robins, Kaplan, Miller & Ciresi 2800 LaSalle Plaza SCO LaSalle Avenue Minneapolis, Minnesota 55402-2015 Re: Meredith/Continental/U.S. West Transfer Review Issues; Noah Suburban Cable Commission, Quad Cities Cable Communications Commission, Burnsville;Eagan Cable Communications Commission, North Central Suburban Cable 1110 Communications Commission, Ramsey/Washington Counties Suburban Cable Communications Commission, Hudson/North Hudson Joint Cable Board, South Washington County Cable Communications Commission, and the City of Columbia Heights Dear John: • In response to your letter of May 13, 1996, please be advised that as attorneys for the above-referenced municipal consortia, I agree with the understandings set forth therein, with the Tollowing further understandings: By agreeing to these understandings as attorney for the above-referenced municipal consortia, I do not on behalf of my clients waive any rights or arguments they may have related to the issues raised by your letter should delays or damages be caused by your clients' actions or failure to act. The North Suburban Cable Communications Commission meets September 5. 1996 and will take action to adopt a recommendation to its member cities at or before,that meeting. The Commission will "present" its recommendation to its member cities in a timely Cashion thereafter. Your correspondence requests confirmation of the understandings and agreement in • writing by May 15, 1996. We discussed this agreement by telephone conference on that . vir. John Gibbs =iav , 1996 `a o day and you have subsequently indicated that your later receipt of written confirmation, with these further understandings, is not objectionable. Please do not hesitate co contact me if you have any questions. Yours truly, BERNICK AND LIFSON, P.A. Thomas D. Creighton DC/rs 411 • RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING REQUEST FOR APPROVAL OF TRANSFER OF CONTROL • CONTINENTAL CABLEVISION, INC. SUBMITTED TO North Suburban Cable Representing the Minnesota Cities of Arden Hills, Falcon Communications Commission Heights, Lauderdale, Little Canada, Mounds View, New Brighton,North Oaks,Roseville, St. Anthony and Shoreview. Burnsville/Eagan Cable Representing the Minnesota Cities of Burnsville and Eagan. Communications Commission Quad Cities Cable Representing the Minnesota Cities of Anoka, Champlin, Communications Commission Ramsey and Andover. North Central Suburban Representing the Minnesota Cities of Blaine, Centerville, Cable Communications Circle Pines, Coon Rapids, Ham Lake, Lexington, Lino Lakes Commission and Spring Lake Park. Columbia Heights Representing the Minnesota City of Columbia Heights. Communications Commission Ramsey/Washington Counties Representing the Minnesota Cities of Birchwood, Dellwood, Cable Communications Grant, Lake Elmo, Mahtomedi, Maplewood, North St. Paul, Commission Oakdale, Vadnais Heights, White Bear Lake, White Bear Lake Township and Willernie. Hudson/North Hudson Joint Representing the Wisconsin City of Hudson and Village of Cable Advisory Board North Hudson. South Washington County Representing the Minnesota Cities of Afton, Cottage Grove, Cable Communications Denmark Township, Grey Cloud Township,Newport, St. Paul Commission Park, and Woodbury. SUBMITTED BY: CONTINENTAL CABLEVISION AND U.S. WEST' JULY 22, 1996 • r 0 9: ,^•• .r Cr) Ct c. ..,-,1 O - m 4J •ct G o -c ...r a) a ct CD N E"lU r C4 to Z O c4 W = • cl W � az cu VG = U 0 0 U I.) : - s vv }�� W 'o ' C., i 0 C7 U • EXHIBIT n /1 F'' va Cj -- 0 4 O -' O ..O U = V) CL) i C'Lli 47": L _, P0.1I ,� .,,— C4 cn .wn O is4.4yj a .0 ' C c - .•' CC'S O - d� U C :" 74 y„q H G� 1.1 4r v r-r +V C O .. C = U .^» rte, .� +) r C tiie U U • r aCil lommi a.) y Ca t/1 • O U 0 11 EXHIBIT 1 LILy rorty or CITY OF MOUNDS VIEW Agenda Section 1 I I REQUEST FOR COUNCIL CONSIDERATION Report Number: Q I'I g 1> {too si' m. STAFF REPORT Report Date: 9/19/96 110A 'd Special Order of Bus. OVA? COUNCIL MEETING DATE — A�°I4's•Pa,tpa„vO September 23. 1996 — Consent Agenda 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 Dills 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. as 404 " .... 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 15:10 CITY OF SHOREVIEW P.02/04 ' • EXTRACT OF MI UTES OF MEETING OF THE 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: Mayor Chalmers; Councilmembers Withhart, Olson., Reiter and Landwehr. and the following members were absent: None. Member Olson 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 obtth ling 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 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 M.ASC, 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. 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$500,000 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-17-1996 15:11 CITY OF SHOREVIEW P.04/04 Hills, Mounds View, and New Brighton 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 Firia*►re 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 Hills, Mounds View, and New Brighton; and f. Financial commitment from communities for all four sheets of ice at the National Sports Center. The motion for the adoption of the foregoing resolution was duly seconded by Member Withhart and upon vote being taken thereon, the following voted in favor thereof: Mayor Chalmers; Councilmembers Reiter, Olson, Withhart and Landwehr; and the following voted against the same: None. WHEREUPON, said resolution was declared duly passed and adopted this 16th day of September, 1996. STATE OF MINNESOTA) 1111 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.04 SEP-13-1996 14:51 CITY OF SHOREVIEW P.03/09 TO: MAYOR AND COUNCILMEMBERS • FROM: TERRY SCHWERM CITY MANAGER DATE: SEPTEMBER 12, 1996 SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING PARTICIPATION LN THE FINANCING,CONSTRUCTION,AND OPERATION OF A FOUR SHEET ICE FACILITY AT THE NATIONAL SPORTS CENTER iTRQPUCTION 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. BAC GROUND Fuzing 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.04/09 purchase 2080 hours of ice time at$125 per hour for a period of 25 years. Shoreview, Arden Hills,Mounds.View, and New Brighton collectively constitute one of the four communities involved in this project. To date,the Blaine and Coon Rapids City • Council's have approved the resolution authorizing their participation in the project. Brooklyn Park is the fourth community considering participation and also is considering adoption of the resolution at their Council meeting on September 16, 1996. The City Council reviewed this issue at the April 1 and September 9, 1996 workshop meetings and at informational meetings with the other City Councils on June 27, 1996 and August 28, 1996. Although the scope of the project has remained the same, the financial participation by the Cities' and hockey associations has evolved significantly throughout the process. Based on concerns expressed by Councilmembers at the joint meeting on August 28th, the councils developed a consensus to request that Ramsey County fund the initial $500,000 capital contribution. It was felt that if Ramsey County financed the capital contribution,then the hockey association could put up a$500,000 escrow to further protect the cities in the event of a shortfall in ice rental time. Councilmembers felt that this would give the four cities the highest level of protection. Representatives of the MASC and the youth hockey associations made presentations to the Ramsey County Board at their meetings on September 3rd and 10th requesting a . $500,000 contribution for the project. Following the presentation at the September 10th • meeting, the Ramsey County Board voted to.include$500,000 in their preliminary tax levy for this project. The funding is contingent on the Ramsey County park staff providing additional analysis about the potential impact of this project on the County's ice arena system. As a condition of this large capital contribution,Ramsey County Parks and Recreation Director has indicated that he will require the cities to guarantee that the Mounds View and Irondale Youth Hockey Associations will purchase a minimum of 1000 hours of ice time from the Ramsey County system. These twoassociations currently request about 2000 hours of ice time and receive approximately 1250 hours of time from the Ramsey County system. MASTER AND SUPPLEMENTAL AGREEMENTS If the attached resolution is approved,there are several other actions that the Council will need to consider before the project proceeds. These actions include approvals of a master agreement and of two supplemental agreements. The Master Agreement is between the MASC and the four communities participating in the project and generally lays out the framework for the financial participation and operation of the facility. Some of the key provisions of this agreement include: 1. The MASC will construct,own, and operate the four sheet ice complex. 2. Requires that the communities purchase 2080 hours of ice time at$125 per hour. • SEP-13-1996 14:52 CITY OF SHOREVIEW P.05/09 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 • 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 AND CONCJ USIONS 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.06/O9 Throughout the discussions with the MASC and the local youth hockey associations, the staff from each of the four communities have attempted to limit the ultimate financial exposure of the City for this project. Of all of the potential scenarios discussed over the • last several months, the current proposal which includes a$500,000 contribution from Ramsey County and a$500,000 escrow from the youth hockey associations goes the furthest in protecting the cities, but does nota guarantee that the City will not have to use tax dollars to support the operation in the future. Attached is a letter from the Mounds View Youth Hockey Association to the City Council supporting the project. The attached resolution would authorize the City's participation in the financing, construction, and operation of a four sheet ice facility at the National Sports Center. It would allow the MASC to proceed with the application for$500,000 in State grant funding for the project and to continue negotiation of the Master Agreement. If the . Council approves this resolution, it is recommended that it be contingent on the following actions: I. Approval of the Master Agreement between the MASC and all of the participating communities; 2. Approval of a supplemental Agreement between the cities of Shoreview, Arden Hills, Mounds View, and New Brighton and the Mounds View and Irondale Youth Hockey Associations; 3. Approval of a supplemental Agreement between the cities of Shoreview, Arden'Hills, • Mounds View, and New Brighton and Ramsey County which includes the County's $500,000 capital contribution for the project; 4. Review of the final agreements by the City's Finance Director and financial advisor to determine potential impact to the City's bond rating; 5. Participation in the project by the cities of Arden Hills,Mounds View, and New Brighton; and 6. Financial commitment from communities for all four sheets of ice at the National Sports Center. • SEP-13-1996 14:53 CITY OF SHOREV I EW P.07/09 EXTRACT OF MINUTES OF MEETING OF THE III 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 96109 CITY OF SHOREVIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING PARTICIPATION IN FINANCING, CONSTRUCTION AND OPERATION OF A FOUR SHEET ICE FACILITY • 4110WHEREAS, 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.08/09 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$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. 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 Mayor and City Manager of the City are hereby authorized to negotiate an agreement with MASC and the other participating cities including terms specifically authorized hereby, and such other terms as are not inconsistent therewith, and are necessary and appropriate to provide for the financing, construction, operation and use of the Facility: - The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: • • SEP-13-1996 14:54 CITY OF SHOREUIEW P.09/09 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. 1111 Terry Schwerm, City Manager • • • • • • TOTAL P.09 SEP-13-1996 14:51 CITY OF SHOREVIEW P.02/09 PROPOSED MOTION 410 MOVED BY COUNCILMEMBER SECONDED BY COUNCILMEMBER To approve Resolution No. 96-109 approving participation in financing,construction,and operation of a four sheet ice facility at the National Sports Center contingent on the following actions: 1. Approval of the Master Agreement between the MASC and all of the participating communities; 2. Approval of a supplemental Agreement between the cities of Shoreview, Arden Hills, Mounds View, and New Brighton and the Mo,nd-a View and Irondale Youth Hockey Associations; 3. Approval of a supplemental Agreement between the cities of Shoreview, Arden Hills, Mounds View, and New Brighton and Ramsey County which includes the County's $500,000 capital contribution for the project; 4. Review of the final agreements by the City's Finance Director and financial advisor • to determine potential impact to the City's bond rating; 5. Participation in the project by the cities of Arden Hills, Mounds View, and New Brighton; and 6. Financial commitment from communities for all four sheets of ice at the National Sports Center. ROLL CALL: AYES NAYS Regular Council Meeting September 16, 1996 • • F 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 0 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 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 thin 2,080)which rent 1'income shall be passed through for the purpose of paying debt service with respect to tbe 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 MAS01d 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; 111 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 Hills,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 • Clerk Administrator Chuck Whiting (SEAL) CM?Cir REQUEST FOR COUNCIL CONSIDERATION Agenda Section II.J _ STAFF REPORT Report Number: 96-i S 3C ::N11[1j. .IIM Report Date: 9/20/96 • CITY COUNCIL MEETING DATE -- fii '<<f� September 23, 1996 Special Order of Bus. '' °a,�jr!Pafine�kieS Consent Agenda 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/Summary(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 of 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. PicatAltu ibut.(Abr7 , _ Pamela Sheldon, Community Development Director *COMMENDATION: Adopt the resolution approving the hiring of James Ericson as Planning Associate. • RESOLUTION NO. 5012 CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE HIRING OF JAMES ERICSON AS PLANNING ASSOCIATE WHEREAS, James Ericson applied for the position of Planning Associate as advertised by the City; and, WHEREAS, James Ericson was judged by the interview panel to the best qualified and most suitable candidate for the position; and, WHEREAS, Mr. Ericson has met the criteria and is qualified for the position as outlined in the position announcement and position description; and, WHEREAS, his education and past work experience indicates he has the knowledge, skills and abilities to perform the job tasks and duties of the Planning Associate. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the hiring of James Ericson for the position of Planning Associate effective September 30, 1996 • starting at Step 1 of the 1996 Compensation Schedule for this position, subject to satisfactory . completion of a background check, physical examination and a drug test as is required by the City's personnel policies. Adopted this 23rd day of September, 1996. Jerry Linke, Mayor ATTEST: Chuck Whiting, City Clerk-Administrator (SEAL) • ir CM OF CITY OF MOUNDS VIEW Agenda Section I REQUEST FOR COUNCIL CONSIDERATION Report Number: — �� 306 STAFF REPORT Report Date: 9/18/96 • EN Special Order of Bus. •A'" Consent—.agCOUNCIL MEETING DATE er:-Partners�"�S September 18. 1996 — Agenda 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. • ciagz / .0± . _ Chuck Whiting, City dministrator OECOMMENDATION: Request Council action to approve Resolution No. 5014 RESOLUTION NO. 5014 41110 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) • • • National 1301 Pennsylvania Avenue N.W. Officers t a 11 In \ League Washington,D.C. President — Illl 1111 Illl Ill! 101 11 of 20004 Gregory S.Lashutka 1111 Mayor,Columbus,Ohio Cities (202) 626-3000 First Vice President Fax: (202) 626-3043 Mark S.Schwartz Council Member,Oklahoma City,Oklahoma August 9, 1996 Second Vice President MEMORANDUM Brian J.O'Neill MEMORANDUM Council Member,Philadelphia,Pennsylvania • Immediate Past President Carolyn Long Banks fl, Councilwoman-at-Large.Atlanta,Georgia To: City Clerks of Direct Member Citie: Executive Director i 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. 411/ 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. •Brogden,Council Vice President,Hyattsville,Maryland • John W.Butt,Councilman.Chesapeake,Virginia • Carol Y.Clark,Councilmember,East Orange,New Jersey • LarryR.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 Helmke,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 Tern,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.Slnkiawic,Mayor,Loves Park.Illinois • Joseph A.Sweat.Executive Director.Tennessee Municipal League • Marian 8.Tasco,Councilwoman. Philadelphia.Pennsylvania • Retard 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 NATIONAL LEAGUE OF CITIES • ANNUAL CONGRESS OF CITIES Number of Votes — Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: pg . '?-;,44414,q' �: .1�S e����. Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000- 199,999 4 votes 200,000- 299,999 6 votes 300,000 - 399,999 8 votes 400,000-499,999 10 votes 500,000- 599,000 12 votes 600,000 - 699,000 14 votes 700,000 -799,000 16 votes 800,000- 899,000 18 votes 900,000 and above 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. Cred96.coc 410 fir C CITY OF MOUNDS VIEW Agenda Section REQUEST FOR COUNCIL CONSIDERATION Report Number. II:Mr z1 0-t. 0 STAFF REPORT Report Date: 9/19/96 • '' Special Order of Bus. O N COUNCIL MEETING DATE m'eu:pft,orto`Q` 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. Chuck Whiting, City A ' 'strator • RECOMMENDATION: To consider moving the October 7, 1996 work session to September 30, 1996. • • are I ' CITY OF MOUNDS VIEW Agenda Section /1/" REQUEST FOR COUNCIL CONSIDERATION Report Number: O N. !3 e STAFF REPORT Report Date: 9/20/96 0 ..„..,. ... COUNCIL MEETING DATE Special Order of Bus. •op#tss•P-,rtnef''l`QS 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) Summary: 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 fie. 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 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 Staff Report Page 2, Agenda Section 11M- September 23, 1996 City Council Meeting I think the proforma options and the conceptual design layouts have been necessary to assist in framing any discussion on this project. The Council has something from which to respond to and identify issues. The following items however still need to be addressed: 1) agreed upon definition of community center(building mission statement) 2) acceptable costs versus activities in the facility 3)time frame for reconstruction of facility 4) aesthetic characteristics of facility • 5) nature of relationship with VB Diggs assuming they are financeable The survey appears to address components of items 1 and 2, but the Council will have to agree amongst themselves at some point on these two items in order to provide staff with acceptable direction. Here are three options to consider for Item 1): a: Mounds View's community center is to be a facility designed and operated to serve the residents of Mounds View most in need of affordable services and activity areas that are either not provided for or affordable in the market place, or meet the special service needs of our community. b. Mounds View's community center is to be a facility designed and operated in the most cost effective manner to capitalize on market place opportunities for community and • recreation activities. Such activities will be supported to the greatest extent possible by user fees, tax increment creation and related profit oriented marketing to insulate the f facility from the general fund tax levy as much as possible. c. Mounds View's community center is to be a facility designed and operated to meet community needs and capitalize on activity opportunities in a manner characteristic to and affordable with our community. The facility will provide affordable activity space opportunities for groups in need and make space available for more profitable activities to assist in covering building expenses. These are not meant to be final versions for the Council to adopt, but are meant to be examples of viewpoints expressed on what this building should be. I also realize that some Council members may feel this issue has been addressed,but collectively a vision has not been formalized. Item 2) will correspond to Item 1). The proforma options are intended to help address this. The direction needed from Council is what activities do you want in the facility at what cost. As with any other project,this will be an ebb and flow issue. One example I am facing right now is a group that wants 2-3,000 square feet of secured space to sell used clothes free of rental charges. While certainly an honorable venture, it is difficult to decide how important this activity relative to other activities that are more flexible in their use of space, may benefit more people and may pay something for the space. I anticipate the ongoing mix of uses will keep decisions like this coming throughout the life of the facility. • e s .. iiiStaff 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 coon,.*le 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 office 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 desirr 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 111 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 :ay 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 • t Staff Report Page 4, Agenda Section 11M- September 23, 1996 City Council Meeting be beneficial to capture a tax increment off them. A less clear position at this point is whether having Diggs on the same site as the Bel Rae is a real benefit or not. This, and the first two aspects will need some face to face discussion. The second approach is to view Diggs as a partner in a cooperative venture. While the aspects outlined above would still apply, the City may need to gage a level of support and willingness to work with them. This will require the City to work on some joint interests such as use of a City gym if built, City use of volleyball facilities if desired,joint marketing of events common to both, etc. There would seem to be potential to several joint ventures, but I realize the main concern of Council members to date has been on the Bel Rae side. As for this Monday evening,the comments made last Wednesday suggest two things need to be done first. One, acknowledge the survey data has been collected and that the Council is waiting for the executive summary. Two, scheduling of a community meeting should be done. I would suggest the Council consider October 21, a Monday evening. Other nights that week may also work, and not that I am trying to influence anything, but when you get into mid to late October, Tuesday through Thursday evening are baseball playoff and World Series nights. If that effects your attendance, you may want to keep that in mind. If the Council cannot reasonably quickly decide on Monday when to have this meeting,I would suggest having decided at the next work session. Another consideration for the Council would be to have a work session meeting prior to the public meeting to address issues such as I have laid out in this memo, and also how you want to conduct the meeting. It was suggested Bill Morris come in and act as a moderator and I would concur with that. thepurpose of this memo is to give the Council some semblance of a direction to take without • Again, attempting to tell you what you ought to do. Each of you has your own preferences in this project and I am concerned that for whatever reason, clear commitment to many aspects has not taken place. I hope this helps. 0 THIS IS IT. . . . FOR THE WEEK OF SEPTEMBER 16 - 20, 1996 ADMINISTRATION • Pam and I met with Ed Paster and John Streeter last week on the impact of the pedestrian bridge, the easement the City needs and zoning issues Paster will want to address. The meeting went well and covered the positions we laid out in the recent Council work session. Paster will submit to Pam plans and variance requests, and the City will start condemnation procedures for the bridge easement this Monday. It is understood with Paster that the City must begin condemnation in order to ensure that the City and Paster can at some point agree to the terms of the easement, but not by having any zoning actions subject to those agreements. The City cannot bargain with zoning conditions since they must go through the Planning Commission and Council. The condemnation will however ensure that Paster pursues those variances. To date, it appears the venture will remain cooperative and the issues can be dealt with at face value,hopefully to the City and Paster's benefit. • Cathy and I, along with Julie Trude and Sue Hankner and our consultant Dave Maroney met with Everest earlier this week on their Building "N"project. We discussed prior to meeting with Everest that if the City were to enter into an agreement with them, what would be our preference. Basically the situation is the City can utilized existing tax increment funds to assist in financing some of Everest's development, bond for financing their development, or do a pay-as-you-go agreement where Everest does the financing, but the City refunds the increment Everest pays each ensuing year. The consensus was that would be the preference to approach Everest with, with the clear understanding that any approach would ultimately have to come to the entire Council for approval. The key advantages to a pay-as-you-go approach is that it will not deplete the City's existing TIF fund balance and that the risk is shifted to Everest since they will not get any increment until after they pay their property taxes. We presented them with this approach and agreed to analyze the details in the coming days. I anticipate meeting with them again the first part of next week. • The Quad Rink saga continues. Brooklyn Park's Council met reportedly until 1:30 a.m. Monday in a work session discussing their participation. We've been told four of the seven council members are leaning towards approval of their participation in the project. If so,this should give commitments to all four rinks. Our group is still clarifying our relationship with Ramsey County. It appears that the County is interested in seeing the cities still guarantee the ice time behind the hockey associations, but they may also want policy input and profit sharing from the operations. The managers feel that if the County insists on those conditions,our cities should not have to bear the guarantee for the ice time. These issues I believe are still workable and the resolution on the agenda for Monday evening will take these options into consideration. • Pam and I also met with July Karon last week. I have been delegated responsibility on behalf of our I-35W group to formulate conditions to present to Judy the County to distribute funds for polluted development site cleanup. Lucky me. • I also gave a presentation to the Chamber with Matt Fulton of New Brighton and the help of Cathy on business and community development projects in Mounds View. The Bel Rae, Mermaid and Everest were all touched upon. I got some pointed questions about our use of TIF and felt that overall everyone present was interested in the program. That's this is it for now. Chuck • Interviews for the Planning Associate position were held Monday and Tuesday. The interview panel consisted of Pam Sheldon, Cathy Bennett and myself. A total of 10 applicants were interviewed. Of those ten,the selection has been narrowed to 3 finalists. Staff is conducting background reference checks and will have a formal proposal for recommendation at Monday's meeting. • A total of 30 application were received for the Public Works Maintenance position.. Staff is reviewing applications and anticipates interviews to be conducted the first week in October. • Wednesday, September 18, 1996 I attended a training session on Pay Equity and the HRFocus System. HR personnel from the cities of Minnetonka and Bloomington discussed the background, administration and implementation of the HRFocus System. • REMINDER-Fall Clean Up Day, Saturday, September 21, 1996 from 9:00 a.m. - 3:00 p.m. (Hopefully the rain will hold off!) Lynnette ECONOMIC DEVELOPMENT • Chuck and I once again met with the Everest Group regarding the completion of the Business Park. We hope to have a new proposal for your consideration at the next work session. • SEH has completed the delineation of the O'Neil property, The wetland area that was identified on the City maps is not changed too much. I will be arranging a meeting with the Developer in Texas, SEH and City Staff to further discuss the procedures for development of the property. • I was part of the interview panel for the Planning Associate position. It will be a tough decision since there are many qualified candidates who we interviewed. I guess that is not as bad of a problem as the reverse situation. • Chuck, myself and the Mayor will be attending the New Brighton/Mounds View Chamber of Commerce Annual Fall Gala Dinner this Friday evening. This is their largest fundraising event of the year and is very well attended. Our participation is very important since this is the first year that the two communities are merged as one Chamber. Cathy PARKS, RECREATION AND FORESTRY PARKS: • The timber border is being installed at Random Park this week. The old shrubs will be pulled this week. A carpet cleaner has disinfected and cleaned the carpet and pre-school rug in the building. Hostas will be planted in the planter boxes. The park is getting "spruced up"for the playground grand opening next Thursday evening. • Business as usual -mowing,trash detail,park inspections, field grooming,painting and lining, location of heads for turf management activities including fertilizing, seeding, and aerating. • Picnic reservations continue through this month and next- a wonderful time for picnics. Cool weather, beautiful colors and perfect weather conditions thus far. RECREATION: • Swimming instructions began this week. Interviews were held for the pre-school instructor's position. Laurie Larsen has been hired to begin teaching next week. Pre- school programs are held Mondays through Thursdays at Random Park Building. Many of the after school programs are already filled. We have offered additional classes for"I'm In Charge"because they filled up so quickly. We will end up having over 80 2nd graders signed up for this program, with the additional class times. FORESTRY: • Congratulations to Rick Wriskey who submitted a grant for Oak Wilt Disease Control monies. The City of Mounds View was awarded a$6,600 grant(match will be in-kind services)for fighting oak wilt disease such as using the vibratory plow to cut the root spread of the disease to neighboring trees. Because of the severe lack of moisture -be sure to water your trees and bushes. Unfortunately, unless they receive enough water before , they will find it hard to survive the winter. CABLE TV: • Patrick will be working Tuesdays and Thursdays - 8 hour days plus 4 additional hours in the evenings every two weeks. This schedule works around his class schedule. The Chamber of Commerce has requested Patrick to tape a candidates forum, sponsored by the Chamber in addition to two other forums -providing ample air time for candidates. Mary FINANCE • Training has is continuing on the new accounting system. The account numbering system has been revised for the new system and Mary has started to enter the data onto the new system. • The workers compensation auditor conducted his review today. We inquired whether we could use actual hours worked verses established percentages and were told we could. As such, Kitty has been compiling information related to actual holiday pay, sick leave, vacation, etc. which we will forward to the auditor. This should result in savings of at least $3,000. • Dorothy is off this week resulting in more interruptions for Kitty, Mary, Barb, and Diane. • Work continues on the 1997 budget and normal items such as utility billing,payroll, accounts payable, etc. Bruce PUBLIC WORKS ► Gary and Tim Fredberg moved and setup the voting equipment on Monday at the Bel Rae building. ► RJ Riches called on Tuesday, September 10, and reported that water was coming in their building. Bill and Bill went out to check out the situation; apparently the restaurant has a leak in their water line that runs underneath the concrete floor. Tim Pittman is also keeping in contact with RJ Riches and the plumber, Gopher Plumbing. ► The Mounds View Drive extension excavation began on September 11. ► Jerad, seasonal employee working with the Water Department, continues to trouble shoot and repair those meters that Dorothy could not get a quarterly reading. Jerad has been a BIG help with this project and we all appreciate assistance very much. ► Mike met with Forest Lake Contracting and SEH regarding (3)work change orders regarding the reconstruction project. Tracy POLICE • Dave Brick was at a Emergency Management Conference this week in Brainerd. Pat Michna attended a Masys meeting in Duluth. • STILL!!! working the bugs out on our computer system. In the very near future, we will be buying Linda a new computer. • The Chief attended a Chiefs meeting last week. Main topics were: sex offender notification and a County wide curfew. • Larry S. is on vacation this week. He is visiting his daughter in South Carolina. • A COPS meeting was held this week. Four members of the Community were in attendance. Tim COMMUNITY DEVELOPMENT • This Wednesday evening, the Planning Commission completed its deliberations on the conditional use permit application from the New Apostolic Church to construct a church on property at 3025 County Road H. Their recommendation is for denial of the conditional use permit on a 4-3 vote. I understand that many of you have been getting calls on this case. It will be before City Council on October 28. • Attended my first meeting of the Community Development Directors group which includes many of the suburban communities. Tom McElveen(Metro HRA) and Joanne Barron(Met Council)gave an update on the Liveable Communities Act and the funding programs available. Tom Harmening from St. Louis Park gave a very interesting presentation on a demonstration project granted funding last year--a project to develop and redevelop 125 acres in an effort to create a City center at Hwy 100 and Excelsior Blvd. They will be holding an intensive 4-day community gathering to develop design ideas for the City center on October 20-24. Joanne shared a list of the requests for funding from the demonstration account for 1996. This list is attached. There is about$2.3 million available; the requests totalled $6 million, including the application from the 35W Corridor Coalition for $884,700. Also learned about a grant program through the Minnesota Housing Finance Agency called the Economic Vitality and Housing Initiative which provides money for housing rehabilitation. I don't know if we have looked into this funding source in the past, but it has $5.5 million annually. Sounded like it was worth pursuing. • I will be going to the Upper Midwest Planning Conference from September 25-27 in St. Cloud. The theme of the conference is "Creating Connections". I am hoping that the session on "Retrofitting Suburban Corridors"will be helpful in our work on Highway 10. There will also be sessions on updating zoning codes, affordable housing, geographic information systems, and developing bicycle trails. • The most exciting news is that we have completed the interviews for the Planning Associate position and will be recommending to City Council that James Ericson be hired. He is now working in code enforcement and planning for the City of Maplewood. Pending City Council's action, Jim is expecting to begin work on September 30. We are hoping to have a full staff for at least 1 months before Jennifer Bergman goes on maternity leave. Pam , Sep -13-96 03 : 25P City of Arden Hills 612 633-7839 P.02 „f•,• ' °'1' id CITY OF ARDEN HILLS pe A 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 September 13, 1996 LTG Edward D. Baca, Chief National Guard Bureau Pentagon, Room 2F 294 Washington, DC 20310 Dear General Baca: We are writing to you concerning a very significant issue in our community. We believe you can assist us in reaching a positive solution to the issue that will benefit the National Guard, the Army Industrial Operations Command and our community. The primary issue is how to most effectively manage the transfer of property accountability and subsequent land uses for part of the Twin Cities Army Ammunition Plant located in the St. Paul, Minneapolis metropolitan area. Somewhere between 1,000 and 1,500 acres of land has been identified by the IOC as excess to their needs. The Minnesota Army National Guard area has excellent terrain and access to facilitate the needs of the local community. The Minnesota Army National Guard represented by General Gary Le Blanc, participated with us on the reutilization committee formed by Congressman Bruce Vento. During the committee deliberation process, we developed a conceptual land use plan for that future time when the land or portions thereof might become available for community uses. We also discovered that our community goals are compatible with the projected training needs and uses of the,National Guard. The final report of the rcutilization committee endorsed the compatibility by saying "Existing uses of the open space by the National Guard and other Reserve units for training are viewed as compatible." As things now stand, the Industrial Operations Command, the United States Army Reserve and the Minnesota Army National Guard have all identified missions for the property. We, however, still believe several community goals can be realized. These include the following: 1. The possibility for open-space uses that protectimportant.atural features. Ramsey County is the smallest of Minnesota's 87 counties and is the most developed. The open space at this location is very important in our future and the community at large because of its unique qualities. fllJAaf . fl&A A% !AA Gl..7l• _ Mn swww wwww _Sep 13-96 03:26P City of Arden Hills 612 633-7839 P.03 LTG Edward D. Baca, Chief-National Guard Bureau Page Two - September 13, 1996 2, The potential for a combined vehicle maintenance facility. The Minnesota National Guard, Ramsey County, and the City of Arden Hills have all identified a need for a maintenance facility. 1'he facility would be used for vehicle/supply storage and maintenance. This collaborative effort between these agencies would stand out as an example of how multiple levels of government can work together. The access from the property location to each of these agencies primary transportation corridors is excellent. 3. The need_fora small city office. ,pia. The community of Arden Hills needs a new office complex and city council chambers of approximately 10,000 square feet. Again,because of the easy access and current development, a small piece of the south portion of the property would be our best choice for such a facility. It is our firm belief that we can effectively partner with the MN ARNG in achieving these community goals. Our experience with General Le Blanc and other personnel representing the National Guard has been outstanding- they have been very helpful. We do not fully understand all of the detailed steps that must be taken to achieve our common goals, but we are prepared to take all appropriate actions necessary at the local level to accomplish the tasks at hand. The purpose of this letter is to affirm our support and commitment to work with the National Guard as they accept accountability for this training land. The Guard has a long tradition in Minnesota of being a good steward of its resources,as well as a good neighbor. We look forward to working with you and your staff Please recognize this commitment to work together and assist us where possible to achieve compatible common goals that will provide many positive benefits to the National Guard,Arden Hills, and the community at large. Thank you. Sincerely, Dennis Probst Mayor COIN OF 0,001\101 L_ 11110,06 Phone: (612)784-3055 Fax: (612) 784-3462 ~d'ress • PartnerS���S MEMORANDUM Date: September 13, 1996 To: City of Mounds View Airport Task Force Reinhold Markfelt Jim Sculthorp Sue Weber Len Burgers Jim Nelson Sue Hankner, Council Liaison Dawn Weitzel, Staff Liaison Bob Long, City Attorney From: Chuck Whiting, City Administrator Re: Recent Council Discussion Concerning Blaine-Anoka County Airport Operations and Policies As some of you may be aware, concerns about the operations of the B-A Airport and Metropolitan Airports Commission policies have.been expressed at a few recent City Council meetings. Two concerns seem to predominate, first, the airport's management of pilots and planes that disturb residential areas, and particularly planes appearing to outsize the capabilities of the airport facility. Secondly, questions have beenraised over MAC's operational policies and whether past guidelines or laws regulating those policies have been followed or still pertain to operations. At the September 9th City Council meeting, City Attorney Bob Long was directed to contact MAC by letter for clarification outlining airport field rules,noise abatement policies and related litigation matters. The Council would also like to have the Airport Task Force involved in these issues to assist in advising the Council on these items. I would like to set up a meeting with all of you to review the status of these issues and get your feedback and history. If possible, a time during the weeks of September 23 or 30 would be great. City Staffer Dawn Weitzel will contact each of you for a preferable time. Feel free to contact me directly at 784-3055 if there is no time for you to meet,you want more information or if you are no longer interested in airport issues. I look forward to meeting and working with each of you. Thank you. *lb -6 PRINTED WITH 2401 Highway 10• Mounds View, MN 55112-1499 tia SOY INK TM I OO o recycled paper Equal Opportunity Employer ?s,rc ERTp tri. Ni M • I • N • N • E • S • O • T • A Dear City Official: I wish to extend a cordial invitation to attend the League of Minnesota Cities Regional Meeting hosted by the City of Watertown at the Watertown City Hall/Community Center. The afternoon program begins at 2:00 p.m. You will hear presentations on new League of Minnesota Cities programs- Lease Purchase, Ambassadors, On-Line Services, Home Page, 4M Fund and 4M PLUS Fund. You will also learn how claims against cities are handled by LMCIT. A program schedule is enclosed. The afternoon program will conclude by 5:00 p.m., followed by a social hour. Dinner will be served at 6:00 p.m. with the evening program scheduled to begin at 7:00 p.m. Following a welcome to our city, LMC President Blaine Hill, Breckenridge Clerk-Treasurer, will address the audience regarding the organization's focus for the up coming year. The evening program will focus on local control of right-of-ways, property tax reform, and Minnesota Elections 96. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify Michael A. Ericson at (612) 955-2681 or (metro line) 446-1711 by October 11, 1996. Unless registrations are canceled, it will be necessary to bill your city for those who did not attend and did not cancel. If anyone from your city requires special accommodations or has special dietary needs, please advise us in advance so special arrangements can be made. I look forward to seeing you on October 17, 1996. Sincerely, gotd..4.V) Norman A. Bauer Mayor of Watertown enclosures HEART OF THE LUCE LINE TRAIL 309 Lewis Avenue South, P.O. Box 279, Watertown, Minnesota 55388 Telephone (612) 955-2681, Metro Line 446-1711 FAX (612) 446-1701 . �. ERTp M • I • N : N • E • S • O • T • A REGISTRATION FORM We will have city officials attending the regional meeting in Watertown and we agree to pay for these meals unless the host city is notified of any changes by October 11, 1996. NAMES/TITLES OF PERSONS ATTENDING: (Please furnish names of people attending so that name tags can be prepared). Persons making reservation(s): CITY: PHONE: ( ) *Number of attendees x $15.00 registration fee = Number of attendees x $9.00 dinner = TOTAL PAYMENT ENCLOSED $ Please make checks payable to City of Watertown and return with registration form to: •Michael A. Ericson City Administrator P.O. Box 278 309 Lewis Ave S Watertown, MN 55388 $15.00 registration fee applies only to the first ten registrants. There is no charge for more than 10 registrations from one city. HEART OF THE L U C E LINE TRAIL 309 Lewis Avenue South, P.O. Box 279, Watertown, Minnesota 55388 Telephone (612) 955-2681, Metro Line 446-1711 FAX (612) 446-1701 LMC 145 University Avenue West, St. Paul, MN 55103-2044 Laagua of Minnesota Cilias Phone: (612) 281-1200 • (800) 925-1122 Cilias promotingexcanenoa Fax: (612) 281-1299 • TDD (612) 281-1290 1996 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:00-2:30 p.m. "I'M GOING TO SUE YOU " How claims against cities are handled League of Minnesota Cities Insurance Trust Staff 2:30-3:00 p.m. WHAT'S NEW. How the League's Home Page, Ambassadors Program, Investment Programs(the 4M Fund and the new 4M Plus Fund)and other new League services will benefit your city. League of Minnesota Cities Staff 3:00-3:15 p.m. Break 3:15-4:00 p.m. WHAT'S DUE. ARE WE PAYING TOO MUCH? An explanation of the sales tax on cities with an emphasis on what purchases are exempt. Minnesota State Department of Revenue Staff 4:00-5:00 p.m. AROUND THE TABLE. Each city presents its latest accomplishments Tom Thelen, Field Representative, League of Minnesota Cities 5:00-6:00 p.m. SOCIAL HOUR&OPPORTUNITY TO QUESTION THE AFTERNOON PRESENTERS AND TO INTERACT WITH OFFICIALS FROM OTHER CITIES. 6:00-7:00 p.m. Dinner EVENING PROGRAM 7:00-7:15 p.m. INTRODUCTION Jim Miller, Executive Director, League of Minnesota Cities BOARD OF DIRECTORS REMARKS WELCOME Host City Mayor 7:15-8:30 p.m. LOCAL CONTROL. View the video on whether cities will retain control over their rights of way. Will property tax reform diminish the ability of cities to provide services? Tips for bringing the impact on cities of these and other MINNESOTA ELECTION 96 ISSUES to the attention of national and state candidates. Gary Carlson, Director, Intergovernmental Relations Sharon Klumpp, Associate Executive Director, League of Minnesota Cities 8:30-9:00 p.m. OFFICIAL CONFLICTS OF INTEREST. What kinds of business transactions between a councilmember and the city are legal, illegal or unwise. 9:00 p.m. Adjourn AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER N a 3 . : Io -e 2 o I EE NW ! ` . ••1 3 11SIDE T� NK II OR.NW . CIRCLE • viES7yiNs7: ORIvE Nw ivE NW, = CD 0 ,. frit, A :44‘:: 1, 1 4, C l c .2 ' . �r r �c� P ''� �. q S 4,14, j / 6 o P 4. 2. �' epco srq °��dti r`� 3 _ � ,., isAlt.N" .4.41., �eq - + P 4..' / H CZ .:::::::.::. ‹t 41 aci soy P fib`a q�q �'4, s}41E,.S`• To Twin Cities / t4:1, ..4111K4,_5 Rvicitt ��6 AFq 4 S 1 Q41 h4' mr St. Paul's TELE \, ) 49 J4, \11,4&�� 1,, 14v �IO4,,Q `y // �sr r • y2 �- ' A�,q0/ 44,.``cam••• `) oJ�.'�' s�F ST To Twin Cities • �� Ft0 e4, "e % S Sr `SF '+v / SF C, ZO j P 0 �4, U o o vQ" WI LOw > Q ' N. SE 8 = ler 4, m CO N C CCW _7 " vAu.EY vi Ew LN SE 0 W Q _ W N . AMUNMasi 1 I• oz _. SOUTH vIEw ST SE.• _ 0 From: "Barb Benesch" <MOUNDS_VIEW/BARBB> To: MOUNDS VIEW/DAWNP Date sent: Wed, 18 Sep 1996 13:30:47 +0000 Subject: LICENSES FOR APPROVAL EXPIRE 06/30/97 HVAC Associated HVAC, Inc. Clarion Contracting - New Fireplace Showroom - New Thirty-Twenty Manufactured Home Sales - New Sun Mechanical SEWER/WATER Glenn Rehbein Excavating, Inc. - Renewal J. B. Diggers, Inc. - New ASPHALT Bituminous Roadways, Inc. - Renewal Blacktop Paving of MN, Inc. - New Webster Company, Inc. - Renewal MASONRY M. J. Arndt Construction Co. - New GENERAL (COMMERCIAL) Bridges Leasing Co. - New Any questions, just let me know!