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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
1110 2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
- McCarty
- Stigney Koopmeiners Trude Quick
4. Agenda Additions
Item 1:
Item 2:
•
Item 3:
5. APPROVAL OF MINUTES:
January 13, 1997-City Council Meeting
COUNCIL ACTION: A T D
Comments:
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The City Council is provided background information for agenda items in advance by staff and appointed
commissions,committees andboards. Decisions are based onthis informailon,as well as City kedicy and practices,
input from constituents and a Councilmember's personal judgement flyou have comments,questions or information
regarding an item on the agenda,please step foward 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 Secretaiy's Table.
1. CALL 7Q O1DE1
2. PLEDGE OF ALLEGIANCE
6
3. ROLL CALL
__. McCarty
_____ Stigney Koopmeiners Trude Quick
4. Agenda Additions
Item 1:
Item 2:
Item 3:
5. APPROVAL OF MINUTES:
January 13, 1997-City Council Meeting
COUNCIL ACTION: A T D
- ,
Comments:
,
, ,
AGENDA
el JANUARY 27, 1997
PAGE 2
6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
None
COUNCIL ACTION: A T D
Comments:
7. SPECIAL ORDER OF BUSINESS:
8. CONSENT AGENDA,
A. Set Public Hearing for 7:05 PM Monday,February 10, 1997 to Consider
Ordinance No. 596 Amending Section 1106.02, Subd. 2 and 3 of the Mounds
View.Zoning Code to Allow Eight Children in Family Foster Homes;Planning
Case No. SP-014-97
•
B. Set Public Hearing for 7:10 PM Monday,February 10, 1997 to Consider a
Conditional Use Permit for Linder's Greenhouse at Mounds View Shopping
Center, 2535-2585 Highway 10;Planning Case No. 470-96
C. Adoption of Resolution No. 5077 Certifying the Reapportionment of Assessments
for 7775 Spring Lake Road. Staff Report No. 97-1951C
D. Adopt Resolution No. 5078 Approving Just and Correct'Claims Against City
Funds.
E. Approval of Resolution No. 5076 A Resolution Approving the 1997 Insuance
Contribution for Non-Union,Public Works and Park Maintenance. Staff Report
No. 97-1956C
F. LICENSES FOR APPROVAL:
CIGARETTE AND TOBACCO-Expires December 31, 1997
Mounds View Phillips 66-Renewal
GASOLINE-Expires December 31, 1997
Mounds View Phillips 66 Renewal
AGENDA •
JANUARY 27, 1997
PAGE 3
•
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.
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES
10. PUBLIC HEARINGS:
7:05 p.m. Public Hearing Regarding the Issuance of a 3.2%Malt Liquor License to
the Bridges Golf Course. Staff Report No. 97-1952C
COUNCIL ACTION: A T D
Comments:
7:10 p.m. Issuance of a Temporary Liquor Banquet License to Donatelle's for an
Event to be held at 5394 Edgewood Drive,February 6, 1997. Staff Report
No. 97-1953C
COUNCIL ACTION: A T D
Comments:
11 . COUNCIL BUSINESS:
A. Consideration of Resolution No. 5079 Approving Old Highway 8 Reconstruction
Bid. Staff Report No. 97-1954C
COUNCIL ACTION: A T D
Comments:
AGENDA
JANUARY 27, 1997
• PAGE 4
•
B. Introduction of Ordinance No. 588, An Ordinance Amending Chapter 1124 of the
Mounds View Zoning Code Relating to the Location and Design of Wireless
Communication Facilities within the City of Mounds View. Planning Case No.
SP-001-96. StaffReport No. 97-1955C. (Sta, Presenter:Jim Ericson, Planning
Associate)
ROLL CALL VOTE
Mayor McCarty
Councilmember Trude
Councilmember Koopmeiners
Councilmember Stigney
Councilmember Quick
COUNCIL ACTION: A T D
Comments:
C. Bel Rae Facility Referendum Options(Staff Presenter: Chuck Whiting, Clerk
Administrator)
• _ - COUNCIL ACTION: A T D
Comments:
D. Bel Rae Status (StaffPresenter: Chuck Whiting, Clerk Administrator)
COUNCIL ACTION: A T p
Comments:
E. National Sports Center Ice Arena Master Agreement(Staff Presenter: Chuck
Whiting, Clerk Administrator)
COUNCIL ACTION: AI D
Comments:
F. National Sports Center Ice Arena Supplemental Agreement(Staff Presenter:
Chuck Whiting, Clerk Administrator)
AGENDA
JANUARY 27, 1997
PAGE 5
410
COUNCIL ACTION: A T D
Comments:
G. Legal Opinion on Section 4.04 of the City Charter Regarding Advisory Elections
(Bob Long)
COUNCIL ACTION: A T D
Comments:
12. REPORTS:
1. Report of Councilmembers:
Trude:
Koopmeiners:
Stigney:
111111
Quick:
2. Report of Mayor McCarty:
3.. Report of Clerk Administrator:
4. Report of Staff:
5. Report of Attorney:
NEXT COUNCIL WORKSESSION: FEBRUARY 3, 1997 6:00 P.M.
NEXT COUNCIL MEETING: FEBRUARY 10, 1997 7:00 P.M. •
ADJOURNMENT:
A
n 7.7)
Page 1
• January 6, 1997
Mounds View City Council
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Annual Meeting
January 6, 1997
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 McCarty at 6:10 p.m.on January 6, 1997.
11111 PLEDGE OF ALLEGIANCE
OATH OF OFFICE
The Oath of Office for Mayor McCarty,City Council members Roger Stigney,Roger Koopmeiners and Gary
Quick was administered by Clerk Administrator,Chuck Whiting.
Mayor McCarty noted that is was a lengthy agenda session and the meeting would be adjourned after roll call
had been taken. Mayor McCarty further explained the purpose of the work session to the viewing audience at
home and those in attendance. The work session is an informal method of doing business which informs
Council members of upcoming issues while also allowing staff the opportunity to inform the Mayor and
Council on issues of importance to the City with a special emphasis on those items that will be addressed at the
next council meeting.
Mayor McCarty motioned to leave the cameras running through the work session. Although this has not been
past practice,Mayor McCarty hopes this will continue in the future which will allow residents to be more
informed on City Council issues and actions.
MOTION/SECOND:McCarty/Stigney to approve the cameras remain on through the work session.
VOTE: 5 ayes 0 nays Motion Carried
ROLL CALL
MEMBERS PRESENT: Mayor McCarty, Council members Trude,Quick
1111 Koopmeiners,and Stigney
ALSO PRESENT; Chuck Wlutmg,Clerk Admmistrator
Pae 2 1
January 6, 1997 , a
•
sem/ 'ar i
Mounds View City Council
Bruce Kessel,Finance Director
Pam Sheldon, Community Development Director
Cathy Bennett,Director of Economic Development
Mary Saarion,Parks and Recreation Director
Jennifer Bergman,Housing Inspector
Bob Long,City Attorney
Mayor McCarty adjourned the meeting at 7:10 p.m.
Resp tfully submitt •
Chuck Whiting
Clerk Administrator
•
S
41110 Page 1
December 9, 1996
Mounds View City Council
PROCEEDINGS OF THE CITY COUNCIL
CTTY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Regular Meeting
December 9, 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 December 9, 1996.
PLEDGE OF ALLEGIANCE
ROLL CALL
MEMBERS PRESENT: Mayor Linke, Council members Quick,Hankner
and Blanchard
MEMBERS ABSENT: Council member Trude
ALSO PRESENT: Bruce Kessel,Acting City Administrator
Pam Sheldon, Community Development Director
James Erickson,Planning Associate
Mayor Linke took this opportunity to welcome the Webelos Boy Scout Group,Pack#167 to the Council
meeting.
ADDITIONS TO THE AGENDA:
There were no additions to the Agenda.
APPROVAL OF MINUTES:
November 25,1996 City Council Meeting:
MOTION/SECOND: Blanchard/Hankner to approve the minutes of the November 25, 1996 City Council
• Meeting as presented in writing.
VOTE: 4 ayes 0 nays Motion Carried
Pa e2 APPRQV( 0
December 9, 1996
Mounds View City Council
ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
Planning Commission Minutes-August 7,1996
September 4,1996
September 18,1996
October 9,1996
November 6,1996
MOTION/SECOND: Hankner/Quick to approve the Planning Commission Minutes for the Meetings of
August 7, 1996,September 4, 1996,September 18, 1996,October 9, 1996 and November 6, 1996 as
presented in writing.
VOTE: 4 ayes 0 nays Motion Carried
SPECIAL ORDER OF BUSINESS:
There was no Special Order of Business scheduled for this meeting.
CONSENT AGENDA:
Mr.Kessel,Acting City Administrator read the Consent Agenda as follows:
A. Consideration of Acceptance of the Low Bid for the 1997 Mounds View Matters Printing Contract.
B. Adopt Resolution No.5055,Approving a Wage Adjustment for Patrick Toth,Cable TV
Technician/Producer.
C. Adopt Resolution No. 5056,Approving the Reclassification of the Administrative Aide Position to Human
Resource Technician.
D. Set Public Hearing for Monday,January 13, 1996 to Consider Ordinance No.593,An Ordinance
Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges effective January
1, 1997.
E. Adopt Resolution No.5054,Approving Just and Correct Claims Against City Funds.
F. Adopt Resolution No.5058,Approving a Salary Increase for Chuck Whiting,City Administrator.
G. Licenses for Approval:
HVAC-Expires 6/30/97:
Mike's Heating and Air Conditioning-New
Mayor Linke asked that Item D be removed from the Consent Agenda for discussion.
APPR
OVtUPage 3
• December 9, 1996
Mounds View City Council
MOTION/SECOND: Blanchard/Hankner to approve the Consent Agenda with the removal of Item D.
VOTE: 4 ayes 0 nays Motion Carried
Discussion on Item D:
Mr.Kessel explained that the first reading of this ordinance will be on December 16, 1996,NOT on December
9th as indicated in the memo. The Public Hearing,per approval will be held on January 13, 1996.
MOTION/SECOND: Quick/Hankner to approve Item D,Setting a Public Hearing for Monday,January 13,
1996 to Consider Ordinance No.593,An Ordinance Authorizing the City Council of the City of Mounds View
to Set Water Rates and Surcharges effective January 1, 1997.
VOTE: 4 ayes 0 nays Motion Carried
RESIDENTS REOUESTS 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.
• There were no comments from the floor.
PUBLIC HEARINGS:
Public hearing and Consideration of Ordinance No.592,An Ordinance Relating to Mobile Home Park
Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal
Code.
Mayor Linke opened the Public Hearing at 7:05 p.m.
Ms.Sheldon,Community Development Director,explained that this ordinance will establish a procedure to be
followed in the event that an owner of a manufactured home park chooses to close all or part of the park. She
proceeded to go through the requirements. This ordinance was first introduced to the Council at the
November 25, 1996 meeting.
Mayor Linke noted that the Council first starting talking about this several years ago,however a similar
ordinance was contested in Bloomington so the Council held off doing anything further until after that court
case ended(which resulted in favor of the City of Bloomington).
Don Hereau,2260 Buckingham Lane,asked if this ordinance will also apply if the mobile home park goes into
receivership.
Ms.Sheldon stated it would if that receivership would go into a closing it would apply,however not if it goes
into a receivership and then continues operating.
Mayor Linke closed the Public Hearing at 7:10 p.m.
r
� a }
Page 4 r i V i
December 9, 1996
Mounds View City Council
COUNCIL BUSINESS:
A. Consideration of Ordinance No.592, An Ordinance Relating to Manufactured Home Park
Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal
Code.
MOTION/SECOND: Hankner/Quick to Approve the Adoption of Ordinance No.592,An Ordinance Relating
to Manufactured Home Park Closings and Amending Title 1000 by Adding a New Chapter 1011 of the
Mounds View Municipal Code.
ROLL CALL VOTE:
Mayor Linke yes
Council member Blanchard yes
Council member Hankner yes
Council member Quick yes
Motion Carried-(4-0)
Mayor Linke noted that this Ordinance will take effect in 30 days.
PUBLIC HEARINGS:
Public Hearing to Consider Abatement of Nuisances at 5440 Jackson.
Mayor Linke opened the Public Hearing at 7:10 p.m.
Mr.Jim Erickson,Planning Associate,explained that substantial progress has been made at this property. He
inspected the property on Monday,December 9th and he feels the property is very close to being in compliance
to the code,therefore he would like to withdraw the council's consideration of abatement for this property.
It was suggested that this item be tabled in case it should need to be considered again due to lack of progress on
the final improvement requests.
MOTION/SECOND: Quick/Hankner to table this item.
VOTE: 4 ayes 0 nays Motion Carried
MOTION/SECOND: Hankner/Quick to continue this Public Hearing at a future date.
VOTE: 4 ayes 0 nays Motion Carried
COUNCIL BUSINESS:
B. Consideration of Resolution No.5049,Approving a Minor Subdivision Request for 7532 and 7540
Silver Lake Road.
APPROVLD
Page 5
• December 9, 1996
Mounds View City Council
Mr.Erickson,Planning Associate,explained that this is a request from Larry Beach on behalf of the property
owners of 7532 and 7540 Silver Lake Road. This request would move 12.5 feet from the North side of the
property at 7532 Silver Lake Road to the South side of 7540 Silver Lake Road.
Mr.Erickson noted that staff is requesting that the Council table this request due to the fact that they do not
have a signed drainage and utility easement from the applicant.
MOTION/SECOND: Hankner/Blanchard to table this item until the applicant has submitted
documents required by the city.
•
VOTE: 4 ayes 0 nays Motion Carried
C. Re-Consideration of Resolution No.5042,Approving an Amended Conditional Use Permit and a
Development Review for Expansion of the Saturn Dealership at 2375 and 2395 Highway 10.
Ms. Sheldon explained that at the last Council meeting,there was a request from Saturn Development on
behalf of Saturn Dealership to obtain approval of a Conditional Use Permit to allow for the expansion of the
dealership onto property to the North of their existing site. At that time the Council did pass a resolution
approving that request but during the course of the discussion there were some conditions that were changed.
The two that are of concern to Saturn Dealership have to do with the loudspeakers system and the bay doors on
S the service building. Staff therefore has made some word change suggestions which would bridge the gap
between the company's concerns and the council's concerns. She proceeded to outline these.
Ms.Sheldon noted that notices were sent to residents in the surrounding area and only two were present at the
Planning Commission meeting to comment on the expansion. These residents did not mention the bay doors.
One stated a concern about the lighting(the resolution does contain language to state that lights must be turned
off at 10:30 p.m.)and some discussion was in regard to the paging system.
Mr.Price of Saturn Dealership was present and explained that if the conditions made by the Council stay in
place,their company does not feel they can proceed with the proposed improvements. They like to limit the
paging as much as possible, but they find this system to be necessary. He noted they do have controls for the
system and could see that it is turned off at a specified time each evening.
Council member Quick asked if Mr.Price would be willing to remove the paging system if there are
complaints expressed in the future.
Mr.Price stated he would be open to talk about it. However,one complaint should not constitute a removal of
the system. He noted that he is not aware of any complaints in regard to their paging system.
Council member Quick noted that the City has received complaints on the paging system at their dealership.
A short discussion followed in regard to how often the paging system is used. Mr.Price estimated that it is
used twice per hour when they are open.
Council member Quick stated when the City was considering a Conditional Use Permit for a car wash,
residents complained about the Saturn Dealership paging system,saying they know all of the sales people at the
dealership by name. Obviously therefore,the system is a little more adequate than necessary.
Council member Hankner asked when the gas tanks on the property will be removed.
4PrIn rl ‘ ir n
Page 6
December 9, 1996
III
Mounds View City Council
Mr.Price stated they will be removed as soon as they close on the property.
MOTION/SECOND: Linke/Blanchard to reconsider Resolution 5042.
In review of Resolution No.5042,the following changes were suggested:
Page 7,Item 3. should be changed to read as follows:
"Vehicle repair,servicing and maintenance are permitted on this site,excluding body work and
painting. All car repairs shall be conducted within the indoor service bays and not outside the service
building AND THE SERVICE BAY DOORS SHALL BE CLOSED AT 9:00 P.M."
Page 8,Item 8 shall be changed to read as follows:
"Outside loudspeakers shall be utilized for paging purposes only. Use of the loudspeakers shall be
minimized AND THE PAGING SYSTEM SHALL BE TURNED OFF AT 9:00 P.M."
MOTION/SECOND: Quick/Linke to Approve Resolution No.5042,Approving an Amended Conditional Use
Permit and a Development Review for Expansion of the Saturn Dealership at 2375 and 2395 Highway 10 AS
AMENDED TO INCLUDE THE ABOVE CHANGES.
VOTE: 4 ayes 0 nays Motion Carried
ID
D. Consideration of Resolution No.5057,Authorizing the Mounds View City Attorney to Commence
Legal Actions on Behalf of the City of Mounds View Against Necessary Parties to Recover Losses
Incurred and Avoid Future Liability and Damages Resulting from Certain Construction and Design
Defects Caused by Contractors and Architects at the Bridges Golf Course in Mounds View.
MOTION/SECOND: Quick/Hankner to Approve Resolution No.5057.
VOTE: 4 ayes 0 nays Motion Carried
REPORTS:
Report of Council members:
Hankner. No report.
Blanchard: No report.
Quick: No report.
Report of Mayor Linke: No report.
Report of Acting Administrator: No report.
Report of Staff: No report.
o on n. !Fr' n
if Page 7
41) December 9, 1996
Mounds View City Council
Mayor Linke noted that the next Council Meeting is Monday,December 16, 1996. The next Council Work
Session is scheduled for January 6, 1997.
Mayor Linke adjourned the meeting at 7:35 p.m.
Respectfully submitted,
4/1W2g-
Tamara D. Saefke
Recording Secretary
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Page 1 A
December 16, 1996
• Mounds View City Council
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY,MINNESOTA
Regular Meeting
December 16, 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 December 16, 1996.
• PLEDGE OF ALLEGIANCE
ROLL CALL
MEMBERS PRESENT: Mayor Linke, Council members Quick,Hankner
Trude and Blanchard
ALSO PRESENT: Chuck Whiting,Clerk Administrator
Bruce Kessel,Finance Director
Pam Sheldon, Community Development Director
Bob Long,City Attorney
ADDITIONS TO THE AGENDA:
Mr.Whiting asked that one item be added under Consent Agenda,Licenses for Approval. Non-Intoxicating
Liquor Licenses should added for Super America and Tom Thumb.
!APPROVAL OF MINUTES:
There were no minutes presented for approval at this meeting.
ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
There were no minutes presented for acceptance at this meeting.
SPECIAL ORDER OF BUSINESS:
•
Pae 2
December 16, 1996 e2 a `'4. I
Mounds View City Council
•
Mr.Ed Letendre was present along with several other residents of the Colonial Village Crime Watch and
presented Certificates of Appreciation and letters from Governor Arne Carlson to Darrell Meyer of the Mounds
View Police Department,Melissa Strossberg-Peltz and Gus Wehmeyer of the State Highway Patrol
Department for their dedicated service.
Mr.Letendre also noted that coupons were purchased in honor of Darryl Meyers,Melissa Strossberg-Peltz and
Gust Weymeyer for food and these will be presented to needy families in the community.
In recognition of outgoing Council member Hankner,Council member Blanchard and Mayor Linke,Mr.
Latendre noted that coupons were also purchased in their names and would be presented to needy families in
the community. He extended his appreciation to them for their dedicated service.
CONSENT AGENDA:
Mr.Whiting read the Consent Agenda as follows:
A. Adopt Resolution No.5059,Approving a Step Adjustment for Tracy Juell,Department Secretary.
B. Adopt Resolution No.5060,Approving a Step Adjustment for John Hammerschmit,Golf Course
Superintendent.
C. Adopt Resolution No.5061,Approving a Step Adjustment for Bruce Kessel,Finance Director. •
D. Set Public Hearing for 7:05 p.m.,Monday,January 13, 1997 to Consider Ordinance No. 588,An
Ordinance Amending Chapter 1124 of the Mounds View Municipal Code Relating tot he Location and Design
of Commercial Wireless Telecommunication Services and Facilities within the City of Mounds View.
E. Adopt Resolution No.5063,Approving Just and Correct Claims Against City Funds.
F. LICENSES FOR APPROVAL:
Bowling Alley-Expires 12/31/97(Renewal)
Mermaid,Inc.
Gasoline-Expires 12/31/97(Renewal)
Mounds View Amoco
ACA Management(Amoco)
Superamerica
Mounds View Fina
Cigarette and Tobacco-Expires 12/31/97(Renewal)
Mounds View Amoco
ACA Management(Amoco)
Superamerica
Snyder's Drug Store#44
Budget Liquor,Inc.
Fedor's Market •
Mounds View Fina
Page 3
• December 16, 1996 `` ,
Mounds View City Council
Network Liquors
Murzyn Liquors
HVAC-Expires 6/31/97
ABC Heating-New
Signs-Expires 6/31/97
Redwood Signs-New
Amusement Devises-Renewal
American Amusement Arcades
Non-Intoxicating Liquor Licenses
Superamerica
Tom Thumb
MOTION/SECOND: Hankner/Trude to Approve the Consent Agenda as presented.
VOTE: 5 ayes 0 nays Motion Carried
RESIDENTS REOUESTS 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.
There were no comments from the floor.
PUBLIC HEARINGS:
Public Hearing to Consider the Issuance of a Temporary Intoxicating Liquor Banquet License at 5394
Edgewood Drive,for December 19,1996.
Mayor Linke opened the Public Hearing at 7:16 p.m.
Mayor Linke explained that Mr.Bob Waste,the owner of Robert's Off 10,has made an application for a
temporary liquor license at the Bel Rae Facility for December 19, 1996. Mr.Waste has submitted the
necessary information to comply with the requirements of the Mounds View Municipal Code,Chapter 500
relating to licensing.
Mayor Linke closed the Public Hearing at 7:20 p.m.
MOTION/SECOND: Blanchard/Trude to Approve the Issuance of a Temporary Intoxicating Liquor Banquet
License at 5394 Edgewood Drive for December 19, 1996.
VOTE: 5 ayes 0 nays Motion Carried
• COUNCIL BUSINESS:
P'
Page4 ,
December 16, 1996 1 U : ,,
Mounds View City Council •
A. Consideration of Introduction of Ordinance No.593 Authorizing the City Council of the City of
Mounds View to Set Water Rates and Surcharges Effective with the January 1997 Billing.
Mr.Kessel,Finance Director,explained that this ordinance would increase the water rates by$.05 on all
classes, in accordance with a study conducted by the city auditors. All other fees would remain the same.
The second reading of the Ordinance and Public Hearing is scheduled for January 13, 1997 at 7:10 p.m.
MOTION/SECOND: Quick/Trude to Approve the Introduction of Ordinance No.593,Authorizing the City
Council of the City of Mounds View to Set Water Rates and Surcharges Effective with the January 1997
Billing.
VOTE: 5 ayes 0 nays Motion Carried
B. Consideration of Resolution No.5062 Adopting the 1997 Property Tax Levy and General Fund
Budget.
Mr.Kessel explained that on December 4, 1996,the City conducted the Truth in Taxation Public Hearing. At
that time and in prior meetings,the Council discussed an increase in the Property Tax Levy of 3%and the
actual budget increase of approximately 2.8%over the 1996 budget. The total General Fund budget as
recommended was$3,521,691.
MOTION/SECOND: Quick/Linke to Approve Resolution No.5062,Adopting the 1997 Property Tax Levy •
and General Fund Budget.
VOTE: 4 ayes 1 nay (Hankner) Motion Carried
C. Consideration of Resolution No.5048,Reapproving a Subdivision Request of Everest Development,
Mounds View Business Park East 2nd Addition,Building N.
Ms. Sheldon asked that this item be tabled per the applicant's request.
MOTION/SECOND: Quick/Trude to TABLE this item.
VOTE: 5 ayes 0 nays Motion Carried
D. Consideration of Resolution No.5049,Approving a Minor Subdivision Request for 7532 and 7540
Silver Lake Road.
Ms. Sheldon explained that staff would like to continue tabling this item as the applicant has not yet supplied
the necessary easements.
E. Consideration of Resolution No.5067,Adopting the 1997 Budgets for Funds other than the General
Fund.
Mr.Kessel noted this Resolution would approve the budgets for funds other than the general fund,as they were
originally presented.
•
Page 5 a r 1
December 16, 1996 '�" ;
J i
Mounds View City Council � � ‘��, '
MOTION/SECOND: Blanchard/Linke to Approve Resolution No. 5067,Adopting the 1997 Budgets for
Funds other than the General Fund.
VOTE: 4 ayes 1 nay(Hackner) Motion Carried
F. Consideration of Requesting Council Approval for Authorization to Hire a Department Secretary.
Mr.Whiting explained that staff has interviewed seven candidates for the Administrative Secretary position. A
final decision has not been made and three of the seven candidates will be coming back for a second interview
later in the week. However,because the Council will not be meeting again until January 13th,he would like
authorization from the Council to offer the position to the selected candidate so that the hiring process can be
expedited.
MOTION/SECOND: Hankner/Linke to Authorize the Clerk Administrator to Hire a Department Secretary.
VOTE: 5 ayes 0 nays Motion Carried
G Consideration of Resolution No.5068,Authorizing the Consideration of Establishing a Tax
Increment Financing District for the Bel Rae Community/Social Services Center.
• Mr.Whiting explained that he has had several discussions with Jim O'Meara of Briggs and Morgan in regard to
developing the Bel Rae project. It has come to their attention that there is the potential for changes in the Tax
Increment Financing rules. Taking this into consideration,it was felt that perhaps the Council should consider
taking some steps toward establishing a tax increment financing district for the Bel Rae facility. Mr.Whiting
explained that Resolution No.5068 would initiate the process for consideration of a new tax increment district
which would be used for the development of the Bel Rae project if a commercial entity is able to be made part
of the project.
Ms.Hankner stated she does not feel it will be of benefit to make a decision such as this prior to the new year.
Furthermore she feels this is a decision that should be made by the incoming council.
Ms. Trude stated she feels initiating the process will help to leave the door open.
Duane McCarty,8060 Long Lake Road,asked if the Council establishes a Tax Increment Financing District
and includes that property into it,would the City be extending a vested interest whereby if it does not go
through,the City would have liabilities. He also believes that this is something that should be decided by the
incoming Council.
MOTION/SECOND: Linke/Hankner to table this item for consideration by the incoming Council.
VOTE: 4 ayes 1 nay(Trude) Motion Carried
REPORTS:
Report of Council members:
• Trude: Ms.Trude took this opportunity to thank Mayor Linke,Council member Blanchard and Council
member Hankner for their years of leadership and contributions to the community.
Page 6 '
December 16, 1996 11111
Mounds View City Council
Hankner: Ms.Hankner offered a word of advice to residents of Mounds View,encouraging them to take
their civic responsibilities very seriously. She thanked residents for their support.
Blanchard: Ms.Blanchard stated it has been an honor and privilege to serve the community. She thanked all
the residents who supported her through the years she served on the council. She also thanked the city staff for
all of their help and cooperation.
Quick: No report.
Report of Mayor Linke: Mayor Linke thanked the Council members for their contributions to the
community. He thanked the residents for giving him the opportunity to serve the community as Council
member and Mayor.
Report of Clerk Administrator: Mr.Whiting presented Mayor Linke and Council members Blanchard and
Hankner with plaques expressing appreciation on behalf of the community and staff for their dedicated years of
service.
Report of Staff: Fire Chief,Nyle Zikmund,presented Mayor Linke,and Council members Blanchard and
Hankner with their own badges in honor of their service in the community.
Mayor Linke noted that the next Council Meeting is Monday,January 13, 1996. The next Council Work 11111 Session is scheduled for January 6, 1997.
Mayor Linke adjourned the meeting at 8:20 p.m.
Respectfully submitted,
Tamara D.Saefke
Recording Secretary
•
4111
Item No.
Staff Report No. Cr- PSI C-
Meeting Date: 01/27/97
Type of Business: CA
WK•Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:CouncilBusness
City of Mounds View Staff Report
To: Mayor and City Council
From: Pam Sheldon, Community Development Director
Item Title/Subject: Adoption of Resolution No. 5077 Certifying
Reapportionment of Assessments for 7775 Spring
Lake Road
Date of Report: January 22, 1997
The City of Mounds View has received notice from Ramsey County requesting that we apportion
the assessments still owed for the property located at 7775 Spring Lake Road. The reason for
this request is that the property has recently been subdivided into two lots.
Old PIN: 06-30-23-34-0005-6
410
New PIN: 06-30-23-34-0074-0
06-30-23-34-0075-3
Attached is proposed Resolution No. 5077 approving the reapportionment of assessments in the
amount of$120 still owed for sanitary sewer. The reapportionment has been based on the
acreage of each lot.
Recommendation: Approve Resolution No. 5077.
Pamela Sheldon
Community Development Director
•
RESOLUTION NO. 5077
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY 1110)
STATE OF MINNESOTA
RESOLUTION CERTYING THE REAPPORTIONMENT OF ASSESSMENTS
FOR 7775 SPRING LAKE ROAD, CHANGE IN: AUDITOR'S NO. 0617,
DIVISION NO. DA065709, AUDITOR'S SUBDIVISION NO. 89
WHEREAS, pursuant to resolution of the City Council of Mounds View, the Special Assess-
ments for the Construction of Auditor's No. 0617, were levied against the following property:
Old PIN: 06-30-23-34-0005; and
WHEREAS, the above mentioned property has been conveyed or replatted as follows:
New PIN: 06-30-23-34-0074 and 06-30-23-34-0075
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the
assessments for Auditor's No. 0617 against the above mentioned property be correctly certified to the
Auditor of Ramsey County for further collection in the amount stated as follows:
Division No. DA065709 D/P No. 063
Name of Assessment SAN SWR/S Auditor's No. 0617
ORIGINAL TOTAL ASSESSMENT •
(From Division Form)
A. 06-30-23-340005-6 $ 120.00
(PIN Number)
Total Original Assessment $ 120.00
REAPPORTIONMENT
(From Division Form)
LOT AREA (S.F.)
1. 06-30-23-34-0074-0 34,720 $ 48.63
(PIN Number)
2. 06-30-23-34-0075-3 50,950 $ 71.37
(PIN Number)
Adopted this 27th day of January, 1997.
Duane W. McCarty, Mayor
ATTEST:
•
(SEAL) Charles S. Whiting, Clerk-Administrator
Property Records and Revenue
Lou McKenna,Director
845 Government Center West October 31, 1996
50 West Kellogg Boulevard Fax: 266-2199
MSEr couN7Y, St.Paul,MN 55102-1696 - TTD#: 266-2002
City of Mounds View Re: Division # DA065709
Att'n: Bruce Kessell
2401 Highway 10 N.E. 06-30-23-34-0054-6 (59-04100-020-25)
Mounds View, MN. 55112
The above property is subject to the following assessments for local improvements:
SAN SWR/S #0617
By reason of a conveyance or platting, this property has now been divided as follows:
(1) through (2)
1111
Please apportion the assessments according to the above descriptions and furnish this office with
a certified copy of the resolution.
Thank you for your attention to this matter. If you have any questions regarding this matter
please call John Fohrenkamm in the Tax Accounting Section at 266-2043.
Sincerely,
I.
Shelly Eldridge
Tax Accounting Supervisor
D.P.# 0063 Co. Auditor# 0617 D.P.# Co. Auditor#
D.P.# Co. Auditor# D.P.# Co. Auditor#
. D.P.# Co. Auditor# D.P.# Co. Auditor#
D.P.# Co. Auditor# D.P.# Co. Auditor#
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Item No. ee
Staff Report No.g7-KldpC
Meeting Date: January 27, 1997
Type of Business: CA
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Lynnette Morgan, HR TecotA
Item Title/Subject: Resolution No. 5076 Approving the 1997 Insurance Contribution for
Non-Union, Public Works and Park Maintenance Personnel
Date of Report: January 23, 1997
As discussed at the January 13, 1997 council meeting, staff has revised Resolution 5076 to
clarify insurance contribution usage.
The City's contribution of$330 may be used towards the cost of:
• $10,000 basic employee life insurance;
• The cost of employee and dependent health coverage and dental insurance;
• Supplemental life insurance of up to three (3) times an employee's annual base salary.
S
Recommendation: Adopt Resolution No. 5076 Approving the 1997 Insurance Contribution for
Non-Union, Public Works and Park Maintenance Personnel.
•
RESOLUTION NO. 5076
1110
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING THE 1997 INSURANCE CONTRIBUTION FOR NON-
UNION, PUBLIC WORKS AND PARK MAINTENANCE PERSONNEL
WHEREAS, the Insurance Contribution must be set annually by Council resolution; and
WHEREAS, it is proposed that the City continue to make a contribution toward the cost of
employee insurance of up to $330/mo, which can be used towards the cost of:
• $10,000 basic employee life insurance;
• employee and dependent health insurance and dental insurance;
• Supplemental life insurance of up to three (3)times an employee's annual base salary;
effective 1/1/97 for all non-union, public works and parks maintenance personnel.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Mounds View approve
the 1997 insurance contribution of up to $330 per employee as defined above for non-union,
public works and park maintenance employees.
Adopted this 27th day of January 1997
ATTEST:
Duane McCarty, Mayor
(SEAL)
Charles S. Whiting, City Administrator
111
Item No. (0 9:05
Staff Report No. (37-166C.
Meeting Date: 01/27/97
. Type of Business: PH
WK: Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Lynnette Morgan, HR Tech
Item Title/Subject: Continuation of Public Hearing regarding the Issuance of 3.2% Malt
Liquor License to the Bridges Golf Course
Date of Report: January 23, 1997
The Public Hearing regarding the issuance of a 3.2%malt liquor license (previously referred to
as non-intoxicating) for the Bridges Golf Course is continued from the January 13, 1997 meeting
due to State Statue language modifications. Staff has corrected the language for non-intoxicating
liquor to read 3.2% malt liquor in accordance with State Statue.
Recommendation: Approve the Issuance of a 3.2% Malt Liquor License to the Bridges Golf
Course.
I
Item No. /0 72/0
Staff Report No. 97- /Q53c
Meeting Date: 01/27/97
• WK:
TypeofBusiness:Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Lynnette Morgan, HR Tecly
Item Title/Subject: Public Hearing regarding Issuance of a Temporary Liquor License to
Donatelle's for an event to be held at 5394 Edgewood Drive,
February 6, 1997
Date of Report: January 23, 1997
Pursuant to Chapter 502.08 of the Municipal Code regarding Intoxicating Liquor, a public
hearing is required for the issuance of an intoxicating liquor license. Donatelle's has made
application for a temporary liquor license at the Bel Rae Facility for an event to be held February
6, 1997. Donatelle's has submitted the necessary information to comply with the requirements
of Chapter 500 of the Municipal Code relating to licensing.
Recommendation: Approve the Issuance of a Temporary Liquor License to Donatelle's.
AI
•
•
•
f
• lotice of Public Heal
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,
January 27, 7:05 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View,
Minnesota, 55112, to Consider the Issuance of a Temporary Intoxicating Liquor
Banquet License to Donatelle's for an event to be held at 5394 Edgewood Drive,
1111 February 6, 1997.
Anyone desiring to be heard with reference to this matter may be heard at
this meeting.
If you have any questions regarding this meeting, please contact me at
784-3055.
Chuck Whiting
Clerk Administrator
This notice published in the New Brighton Bulletin, January 16, 1997
Item No. 11A
Staff Report No. 97-1954C
Meeting Date:January 27, 1997
Type of Business:CB
WK Work Session;PH:Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Director of Public Works Ulrich
Item Title/
Subject: Resolution Approving Old Highway 8 Reconstruction Bid Award
Date of Report: January 23, 1997
On November 12, 1996 the City Council approved Resolution Numbers 5033 approving construction plans,
5034 approving the cooperative agreement,and 5035 approving parking restrictions.Ramsey County has
advertised the project for bids and is requesting approval of the award to the lowest responsible bidder,
Forest Lake Contracting Company. Thirteen contractors bid the project.The amount of the project award is
$1,228,258.15. The City of Mounds View is required to participate in the expense of the project in
accordance with the Ramsey County Cost Participation Policy.Mounds View's estimated expense will be
$108,684. Staff is requesting Council authorization to allow the Director of Public Works to sign all change
orders not to exceed fifteen per cent(15%)of the City's expenses.
Staff is meeting with SEH to review proposed assessments on the project. This project is capable of receiving
partial MSA funding. The City is still responsible for forty eight per cent(48%)of the storm sewer
construction.Assessments proposed for the project would include fifty per cent(50%)of both a thirty(30)
foot street and storm sewer construction. Staff will present the proposed assessment amounts and seek
Council's direction in this assessment at the February Work Session.Informational meetings have been held
in the past regarding the project,although possible assessments were not included.
Accompanying this report is Resolution No. 5079 for Council's consideration.
Should Council have any questions or concerns regarding this report,please feel free to call me.
e /' 4
'chael Ulrich,Director of Public Works
RECOMMENDATION:Adopt Resolution No. 5079 approving the Old Highway 8 reconstruction bid award.
r '
•
•
•
RESOLUTION NO. 5079
4111 CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING OLD HIGHWAY 8 RECONSTRUCTION BID AWARD
WHEREAS, the City of Mounds View has entered into a
cooperative agreement with Ramsey County to reconstruct Old Highway
8 within the City of Mounds View; and
WHEREAS, Resolution Numbers 5033 Approving
Construction Plans, 5034 Approving Cooperative Agreement, and 5035
Approving Parking Restrictions were approved by the City Council on
November 12 , 1996; and .
WHEREAS, Ramsey County advertised for bids for the
project; and
WHEREAS, the bid of Forest Lake Contracting Company
is the lowest responsible bid for the construction of Old Highway
4111 8 Improvements, City Project 97-3 , the Mayor and City Council are
hereby authorized and directed to notify Ramsey County that the
city concurs in the award of the contract to said bidder; and
WHEREAS, the project budget is $1, 228, 258 . 15 of
which approximately $108, 684 the City of Mounds View will
contribute to the construction project in accordance with the cost
participation policy adopted by Ramsey County and approved in
Resolution Number 5034; and
WHEREAS, the City Council authorizes the Director of
Public Works to sign all change orders not to exceed fifteen per
cent (15%) of Mounds Views share of the project expenses .
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Mounds View Minnesota, that the bid of Forest Lake
Contracting Company is the lowest responsible bid for the
construction of Old Highway 8 Improvements, City Project 97-3 , the
Mayor and City Council are hereby authorized and directed to notify
Ramsey County that the city concurs in the award of the contract to
said bidder.
BE IT FURTHER RESOLVED, that the project budget is
$1, 228 , 258 . 15 of which approximately $108, 684 the City of Mounds
View will contribute to the construction project in accordance with1111
the cost participation policy adopted by Ramsey County and approved
in Resolution Number 5034 and the City Council authorizes the
Director of Public Works to sign all change orders not to exceed
fifteen per cent (15%) of Mounds Views share of the project
expenses .
Adopted this 27th day of January, 1997 .
ATTEST:
MAYOR
(SEAL)
CITY ADMINISTRATOR
1111
•
•
Item No. II 8
Staff Report No. err— /4?7
Meeting Date: 1/27/97
IIIType of Business: CB
WK• Work Session;PH:Public Hearing;
CA:Consent Agenda;CB:Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: James Ericson, Planning Associate
Item Title/Subject: Introduction of Ordinance 588, an Ordinance Amending Chapter 1124 of
the Zoning Code Relating to the Location and Design of Wireless
Telecommunication Facilities within the City of Mounds View; Planning
Case No. SP-001-96.
Date of Report: January 23, 1997
Summary:
On January 13, 1997, the City Council was presented with a draft of Ordinance No. 588,
pertaining to the location and design of wireless telecommunications facilities within the City of
Mounds View. A number of questions were raised by both Council and industry representatives
which Council directed staff to research and to incorporate into the Ordinance. The Ordinance
before Council tonight reflects those changes, which have been shaded in grey for easy reference.
40 The changes highlighted within the Ordinance are as follows:
• Page 5: Height limits have been increased to 150 feet within industrial districts and
industrial PUDs. No co-location bonus given.
• Page 6: "e" now reflects the possibility that a service provider may be unable to seek out
all possible building or tower owners.
• Page 6: "f' has been reworded to improve and enhance the clarity and intent of the clause.
• Page 7: New setback requirement of half the height of the tower for properties abutting a
residential distric has been added.
• Page 8: New Subd. 8 added, relating to antennae mounted on sides of buildings or
structures other than towers. Succeeding subdivisions are renumbered as a result.
• Page 10: Language requiring a report and plan from a qualified and registered engineer
moved from the CUP requirements to building permit requirements
• Page 12: Sections 6 through 14 have been reordered to reflect their occurrence within the
Code. No text was changed.
Recommendation:
The Planning Commission, on a unanimous vote, and the staff recommend adoption of Ordinance
588, amending Chapter 1124 of the Zoning Code relating to the location and design of wireless
telecommunication facilities within the City of Mounds Vew.
j-6.44A..44--
James Ericson,Planning Associate
ipAttachments:
1. Ordinance No. 588
2. Planning Commission Resolution 491-96
N:\DATA\USERSU E\SHARE\TOWERCC.RPT
ORDINANCE NO. 588
•
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
•
AN ORDINANCE AMENDING CHAPTER 1124 OF THE MOUNDS VIEW ZONING
CODE RELATING TO THE LOCATION AND DESIGN OF
WIRELESS TELECOMMUNICATION FACILITIES
WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Section 1124.01 of the Mounds View Zoning Code is hereby amended to
read as follows:
1124.01: AUTHORITY. This Seutio,r is adopted pursuant to the authority granted to the
71
PURPOSE: The zoning regulation of wireless telecommunications facilities is
intended to provide for the appropriate location, development and installation of •
telecommunications towers and antennae within the City of Mounds View("City"). The
provisions of this Code are intended to protect the health, safety and aesthetic concerns of the
community by minimizing the adverse visual effects of towers and antennae through careful
design, siting and screening; by avoiding potential damage from tower failure to adjacent
properties through structural standards and setback requirements: and by maximizing the use of
existing towers, structures or buildings to accommodate new telecommunications antennae in the
C
SECTION 2: Section 1124.02 of the Mounds View Zoning Code is hereby amended to
read as follows:
1124.02: a .••.• : •
.. •
•• CC
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(hereinafter"Towers and Antennas"), ht.,ludiilg Towels and Antennas for cellular, pet build'
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Ordinance 588
• January 27, 1997
Page 2
•
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Council is cunceilied that therecis a lack of cont,ols relating to Towers and Antennas and the
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of its atiLe11s 1.' gardiug such,natters
DEFINITIONS: The following words and terms, for purposes of this Chapter,
shall be defined as follows:
Subd. 1. ACCESSORY EOUIPMENT STRUCTURE: A building or cabinet-like structure
located adjacent to, or in the immediately vicinity of, a wireless telecommunication tower
or antenna to house equipment customarily incidental to the receiving or transmitting of
wireless broadcasts, cellular telephone calls, voice messaging and paging services.
Subd. 2. ANTENNA: Equipment used for transmitting or receiving radio frequency signals
which is attached to a tower, building or other structure, usually consisting of a series of
directional panels, microwave or satellite dishes, or omnidirectional"whip" antennae.
Subd. 3. ANTENNA, STEALTH: Wireless telecommunication antenna designed to blend
into the surrounding environment or integrated into the physical structure to which it is
attached.
Subd. 4. BASE TRANSCEIVER STATION: Equipment that provides the link between
wireless communications and land-based public telephone switching networks, including
radio frequency transceivers, back-up power sources, power amplifiers, and signal
processing hardware, typically contained in a small building or cabinet.
Subd. 5. CO-LOCATION: The location of wireless telecommunications equipment from
more than one provider on one common tower, building or structure.
•
Ordinance 588
January 27, 1997
Page 3
Subd. 6. TOWER: Any ground-mounted. pole. spire, structure or combination thereof,
including supporting lines, cables, wires, braces and masts, to which a
telecommunications antenna is attached or affixed.
Subd. 7. TOWER LATTICE: Three- or four-legged steel girdered structures typically
supporting multiple communications users and services generally ranging from 60 to 200
feet in height.
Subd. 8. TOWER,MONOPOLE: Single pole design, approximately three feet in diameter
at the base narrowing to approximately one and a half feet at the top, generally ranging
from 25 to 125 feet in height.
Subd. 9. UTILITY POLE: Pole used to support essential services such as power,
telephone, or cable TV lines; or used to support street or pedestrian way lighting, typically
located in public right-of-ways or boulevards.
Subd. 10. WIRELESS TELECOMMUNICATION SERVICES: Licensed or unlicensed
wireless telecommunication services including cellular, digital cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), commercial or private paging services, or similar services marketed
or provided to the general public.
SECTION 3. Section 1124.03 of the Mounds View Zoning Code is hereby amended to
read as follows:
1124.03: - • . . 1 • •• . , . • . • , • • •
'
• •• .1 . -. 1 • •• 11 • • •I .. I ■ • • • • • '. •
. 1•1 • . . 11 .1 .1 • 1.' .' _ • .1 . .• 11 •A, - • I , .1 . • • - 1 .1 .
. 1 . . •., • • • . • •• .11 . • 1 • 1 • ••• .1111 - • I 1 •'
•
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•
•.'1 . 1 I • 1 ••• .11 • • • • I • • 1 • • . • • • •• .1 1
Antennas within the City. For the purposes of the ncoratoiiuncqthe-term Towers and Antennas
•11 . • .1 • 1• , • , • . , • • . • • • , I 101 - 1 . .• 1 - 01 . •
•''1 , I . , .1 • • , 1 I • I '1 .1 '1 • • 1/ I• • •1 'I • •• •1 • -1 I .1, •
I 1144 . 1 1.1 . . . 1• • J . • , • .. 1• • . • . . 1 • I •,1 •.•
tciccuniniunheatioii s,.rvices to the public. The aloraturium shall aot apply to (a)the use of
• _ • I •. •,-• 4, • •• .1 • -1 1 .1, ••• . • - • • .11 .1 •
1 .1 • . .1 • •.1 1 • • • 0 '• • • •• 0 • • 1 • 0' .1
•
Ordinance 588
• January 27, 1997
Page 4
1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING
DISTRICT:
Subd. 1. Permitted Uses,All Districts: Wireless telecommunication towers and antennae shall
be allowed in any district as a permitted use only as provided below:
a. Water Tower: Wireless telecommunication antennae shall be permitted upon City-
owned water towers provided the applicant has an approved lease agreement with
the City and has obtained a building permit from the City and paid all applicable
permit fees.
b. Co-location on Existing Towers: Wireless telecommunication antennae shall be
permitted to be attached to existing towers within the City in accordance with the
applicable siting guidelines and design criteria in Section 1124.04, after the
applicant has provided to the City a written statement of approval from the tower
owner or lessor and has obtained a building permit from the City and paid all
applicable permit fees.
c. Utility Poles: Wireless telecommunication antennae shall be permitted to be
attached to utility poles after the applicant has provided a written statement of
approval from the utility pole owner or lessor and has obtained a building permit
from the City and paid the necessary fees. The height of the antennae shall not
exceed ten(10) feet and shall not extend more than six(6) feet above the pole.
Subd. 2. Conditional Uses, Specific Districts:Wireless telecommunication towers and antennae
shall be allowed with the approval of a conditional use permit in the zoning districts
specified in the table below and in accordance with the co-location requirements stated in
Section 1124.04, siting requirements and design criteria stated in Section 1124.05, and the
procedural requirements stated in Section 1124.06. The procedure for review and action
on conditional use permits shall be as stated in Section 1125.01. Conditional use permits •
are not required for towers and/or antennae used by the City for City purposes or public
agencies for public safety purposes: or for repair, adjustment or replacement of the
elements of a wireless telecommunication antenna array affixed to a tower, if the repair,
replacement or adjustment does not reduce acceptable safety standards. The height
limitations listed in the following table shall include all parts of the wireless
telecommunication tower and antenna structure except for that space needed for
lightening diffusion apparata.
410
•
Ordinance 588
January 27, 1997
Page 5 •
tons::................::::.::.:.<.::_.....:.'1' o-loc
R-1,R-2,R-3,R-4,R-5,R-O . 10 feet above the height of the roof,allowed N/A
(antennae only) only if mounted on educational facilities,religious
institutions,government or public utility buildings;
or in"upward thrusting architectural elements"such
as church steeples,bell towers or smokestacks'
B-1,B-2 75 Feet 95 Feet 2
B-3,B-4,PUD 3 • 100 Feet 120 Feet 2
(Commercial PUDs only.)
Ojai '
CRP and PF 100 feet,allowed only if incorporated into new or 120 Feet 2
existing facilities or structures,such as using the
tower as a light standard for ball fields or parking
areas,or into mature tree stands that provide a
suitable screen for at least half the height of the
tower.
1 In accordance with Section 1124.05,Subd. 7 of this Code.
2 Co-location height bonus subject to applicant providing to the City proof of a signed lease
arrangement,shared use agreement,or other like document.
3 For towers and antennae proposed in PUDs,the applicant shall file a request to amend the existing
PUD final plan and/or adopted conditional use permit in accordance with Chapter 1120 and Section
1125.01 of this Code. Wireless telecommunication towers and antennae shall not be allowed in
PUDs having residential uses.
SECTION 4: Section 1124.04 of the Mounds View Zoning Code is hereby amended to
read as follows:
•
1124.04: EXPIRATION. Unless rvpvalzd or modified by the City Council, this
. . i .1 .11 ., . . . . . . :; . . • . : • . .
CO-LOCATION REQUIREMENTS:
Subd. 1. A proposal for a new wireless telecommunication tower shall not be approved unless the
applicant documents to the satisfaction of the City that the antenna planned for the
proposed tower cannot be accommodated on an existing or approved tower or
commercial or industrial building within a one-half mile radius, transcending municipal
borders, due to one or more of the following:
a. The antenna would exceed the structural capacity of the existing or approved
tower or commercial building.
Ordinance 588
1111 January 27, 1997
Page 6
b The antenna would cause interference with other existing or planned
equipment at the tower or building.
c. Existing or approved towers and commercial buildings cannot reasonably
accommodate the antenna at a height necessary for the proposed antenna to
function.
d. Existing or approved towers and commercial buildings are outside of the
documented search area.
e. The owners or lessors of existing or approved towers and commercial buildings
are unwilling to allow co-location upon their facilities RaNIVT'Tvat
Subd. 2. It is the City's intent to encourage co-locating providers to share accessory equipment
building space whenever possible and practical so as to minimize the number of necessary
accessory buildings and their impact upon the surrounding community. An applicant co-
locating on another provider's tower shall incorporate its base transceiver station and all
other equipment into an existing accessory equipment building or suitable principal
structure, except as otherwise provided in this Subd. 2. If this requirement cannot be met
due to insufficient space within the existing accessory building, security issues,
competition or compatibility concerns, or for other reasons, one of the following options,
ranked in preferential order, shall be utilized:
a. The existing accessory building shall be expanded to a size sufficient to house the
co-locator's equipment. Such building expansion shall match the design and
features of the existing accessory equipment building. The applicant shall obtain a
building permit from the City prior to construction.
b. A cement pad shall be constructed alongside and adjacent to the existing accessory
equipment building upon which the co-locator's equipment shall be attached. The
applicant shall obtain a building permit from the City prior to construction.
c. A separate building shall be constructed that conforms to all the requirements set
forth in Section 1124.05 of this Code.
Ordinance 588
January 27, 1997
Page 7 •
SECTION 5: Sections 1124.05 through 1124.07 are hereby added to the Mounds View
Zoning Code as follows:
1124.05: SITING AND DESIGN REOITIREMENTS: The requirements of this section
apply to all wireless telecommunication towers and antennae erected, constructed, placed, or
replaced in the City. All wireless telecommunication towers and antennae shall be designed and
situated to be visually unobtrusive to minimize the impact upon the neighboring uses and shall
conform to the following design and siting criteria:
Subd. 1. Setbacks: The minimum setback from any property line or public right-of-way for a
wireless telecommunication tower is thirty feet(30') :l
Where placed on a lot improved with a principal
building, the wireless telecommunication tower shall be located only in the rear yard or
interior side yards not abutting streets. Wireless telecommunication towers shall not be
placed between the principal building and any street abutting the property. Setbacks for
accessory equipment structures associated with wireless telecommunication towers and
antennae shall meet the requirements as outlined in Section 1104.01, Subd. 4 of the Zoning
Code. •
Subd. 2. Accessory Equipment Structures: The base transceiver station and all other related
equipment shall be housed in an existing building whenever possible. If an existing
building is unavailable, a new accessory equipment building may be constructed according
to Minnesota State Building Code requirements and shall be of the same or better
construction, design and appearance as any principal structure or adjacent buildings. If the
equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building, it
shall be mounted upon a suitable concrete pad.
Subd. 3. Fencing: The wireless telecommunication antenna tower and/or accessory equipment
structure shall be surrounded with an eight foot(8')fence so as to prevent unauthorized
entry and access to the equipment building or tower. Barbed wire, razor wire or
electrified fences shall not be permitted.
Subd. 4. Landscaping and Screening: The wireless telecommunication tower and/or accessory
equipment building shall be landscaped and screened with a mixture of six-foot (6') tall
evergreens and one and one-half inch(1 '/") caliper ornamental deciduous trees at a ratio
of four(4) evergreens per every one(1) deciduous tree, spaced no less than eight (8) feet
apart on center so as to achieve at least a fifty percent (50%) opaque screen. Trees may
be clustered to create a more natural appearance to the screening. In addition to these
landscape requirements, wireless telecommunication towers and/or accessory equipment
buildings located in the PF and CRP zoning districts shall include a mix of shrubbery 1111
Ordinance 588
January 27, 1997
Page 8
and/or flowering perennials in order to enhance and complement the natural features and
environmental value of the City's parks and recreation areas. The landscaping plan shall be
reviewed by the City Forester and approved by the City Council as part of a conditional
use permit(CUP) or by the Director of Community Development, if the wireless
telecommunication tower or antenna is allowed as a permitted use. The City Council or
Director of Community Development, as applicable, may waive the landscaping and/or
screening requirements upon request of the applicant if the existing landscaping and
screening is deemed sufficient.
Subd. 5. Color: The wireless telecommunication tower and antenna shall be of a neutral color
such as light grey or sky blue except as dictated by the Federal Aviation Administration
(FAA) and be designed to minimize visibility and to blend into the surrounding
environment.
Subd. 6. Construction Type and Materials: The wireless telecommunication tower shall be of a
monopole construction unless a variance is granted by the Board of Adjustment and
Appeals. Guy-wired towers shall not be permitted. Metal towers shall be constructed of,
or treated with, corrosive resistant materials.
• Subd. 7. Roof-Mounted Wireless Telecommunication Antennae: Roof-mounted wireless
telecommunication antennae shall not be permitted on buildings with pitched-roofs, unless
they are stealth antennae incorporated into upward thrusting architectural elements, such
as a church steeple, spire or bell-tower, smokestack. etc. On flat roofs, the height of the
antenna and mounting hardware may not more than 10 feet above the highest point of the
roof to which the antenna is attached.
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antennae"mounEn si es=ofbing - . h
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Subd. 9. Prevention of Radiation: Wireless telecommunication antennae shall be subject to state
and federal regulations regarding non-ionizing radiation and other health hazards related
to such facilities. If the federal government adopts new, more restrictive standards, the
antennae shall be made to comply or the antenna shall be removed by the owner or the
City at the tower owner's expense. The owner or operator of the tower shall pay any
associated costs of compliance verification.
Subd. 10. Lights: No wireless telecommunication tower or antenna shall have affixed or attached
to it in any way except during time of repair or installation, any lights, reflectors, flashers,
• day-time strobes or steady night time light or other illumination devices, except as
required by the Federal Aviation Agency, the Federal Communications Commission or the
Ordinance 588
January 27, 1997
Page 9110
City. This restriction against lights shall not apply to towers which have been combined
with light standards for illumination of ball fields, parking lots, playgrounds, or other
similar public uses, as provided in Section 1124.03, Subd. 2 for the PF and CRP districts.
Subd. 11. Signs and Advertising: The use of any portion of a tower for signs or advertising, other
than required warning signs,shall be prohibited.
Subd. 12. Other Attachments: No antenna or tower shall have constructed thereon, or attached
thereto, any platform, catwalk, crows' nest, or like structure for the purpose of human
support, except during periods of construction or repair.
Subd. 13. Interference with Public Safety Telecommunications: No new or existing
telecommunications service shall interfere with public safety telecommunications.
1124.06: PROCEDURAL REQUIREMENTS:
Subd. 1. Conditional Use Permit Requirements: Applicants proposing to erect wireless
telecommunication towers and/or antennae that require a conditional use permit (CUP) as
outlined in Section 1124.03, Subd. 2, shall provide at the time of application the following
information:
a. A notarized document from the property owner or lessor that allows the applicant
to apply for a CUP and building permit to erect a wireless telecommunication
tower and/or antenna.
b. Demonstration of need, in accordance with Section 1124.06, Subd. 3 of this Code.
c. A site plan which shows property lines, location of wireless telecommunication
tower or antenna, setback distances, any accessory equipment structure, fencing
and landscaping proposed.
d. Sufficient information to show that construction, installation and maintenance of
the wireless telecommunication tower and/or antenna will not create a safety
hazard or damage to the property of other persons.
e. Proof of insurance, in accordance with Section 1124.06, Subd. 4 of this Code.
f. Any other information necessary for the City to evaluate the CUP.
Ordinance 588
III January 27, 1997
Page 10
Subd. 2. Building Permits: Applicants proposing to erect wireless telecommunication towers
and/or antennae shall obtain a building permit. The towers and antennae are subject to
inspection by the City building official to determine compliance with Minnesota State
Building Code construction standards. No building permit shall be issued by the City
without prior approval of a CUP by the City Council if applicable. When no CUP is
required, the applicant shall provide to the City all information as required by Section
1124.06, Subd. 1 of this Code at the time of application for buildin• •ermits 'filgto tii4KA.:
Y AA i =�,�=t .iY.i� 4 �' _ j" F/.: $17i4--,
-'�_ moi:';. Buildin• •ermits shall not be re s uired
for the repair, replacement, adjustment and/or alteration of the elements of antenna arrays
if such work does not reduce acceptable safety standards.
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Subd. 3.1, : The applicant shall provide a diagram showing the cell site
configuration illustrating the coverage area of the proposed wireless telecommunication
tower and/or antenna. This diagram shall demonstrate the frequency re-use and spacing
needs of the wireless system in order to provide adequate coverage and capacity to areas
that cannot be adequately served by locating the antenna on an existing structure.
Subd. 4. tiof'lf nsu ' e: The applicant shall provide the City with proof of liability
insurance which protects against losses due to personal injury or property damage
resulting from the construction or collapse of the tower, antennae or accessory equipment.
Such proof shall be supplied to the City by the wireless telecommunication tower owner
or lessee at the time of application and shall be made available to the City from time to
time upon its request.
• Subd. 5. Removal of Abandoned or Damaged Towers: Any wireless telecommunication tower
and/or antenna that is not used for one(1)year shall be deemed abandoned and the
property owner shall remove the tower and/or antennae in the same manner and pursuant
Ordinance 588
January 27, 1997
Page 11
to the same procedures as for dangerous or unsafe structures established by Minnesota
Statutes, Sections 463.15 through 463.26. If the owner fails to remove the tower and/or
antenna after one(1)year. it may be removed by the City with the costs of such removal
assessed against the property owner of the tower site.
Subd. 6. Violations: Deviations from the approved constructionplans and CUP is a
misdemeanor, punishable as provided in Section 104.01 of this Code.
1124.07: NONCONFORMING WIRELESS TELECOMMUNICATION ANTENNAE
AND TOWERS: Wireless telecommunication antennae and towers in existence
as of the date of enactment of this ordinance that do not meet or comply with the provisions of
this Chapter are subject to the following:
Subd. 1. Existing towers may continue in use for their existing purpose but may not be replaced or
structurally altered to an extent exceeding ten percent(10%) of the tower's fair market value,
as determined by the City,without meeting all standards in this Chapter. In no event shall
any alteration have the effect of increasing or intensifying the level or extent of a tower's
nonconformity. Alterations shall be subject to Section 1124.06, Subd. 2 of this Code.
Subd. 2. If such tower is damaged or destroyed to the extent of fifty percent (50%) or more of its
fair market value, as determined by the City, due to any reason or cause whatsoever, the
owner of the tower may choose to rebuild or remove the tower. In either case, the tower
owner shall have one year in which to obtain a building permit from the City and to complete
the necessary work. If the owner chooses to rebuild the tower, the tower as reconstructed
shall conform to all current and applicable regulations as specified by this Code. If a tower is
damaged to an extent of less than fifty percent(50%) of its fair market value, the tower
owner shall have one year in which to obtain a building permit from the City and to repair or
restore the tower to its former size, height and use. The location and physical dimensions
shall remain as they were prior to the damage or destruction. If the tower is not repaired or
restored within one(1) year from the date of the damage. the ability to repair or restore the
tower shall lapse and may not be exercised, upon which time the tower shall be deemed
abandoned.
Subd. 3 Removal of Abandoned or Damaged Towers: Any tower and/or antenna that is not used
for one (1)year shall be deemed abandoned and the property owner shall remove the
tower and/or antennae in the same manner and pursuant to the same procedures as for
dangerous or unsafe structures established by Minnesota Statutes, Sections 463.15
through 463.26. If the owner fails to remove the tower and/or antenna after one (1) year,
it may be removed by the City with the costs of such removal assessed against the owner •
of the tower site.
Ordinance 588
January 27, 1997
• Page 12
SECTION 6. Chapter 1106.04 related to conditional uses in the R-1 district is hereby
amended to add Subdivision 8 as follows:
Subd. 8. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 7. Chapter 1110.04 related to conditional uses in the R-5 district is hereby
amended to add Subdivision 10 as follows:
Subd. 10. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 8. Section 1112.04 of the Mounds View Zoning Code relating to conditional
uses in the B-1 zoning district is amended to add Subdivision 5 to read as follows:
Subd. 5. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 9. Section 1113.04 of the Mounds View Zoning Code relating to conditional
uses in the B-2 zoning district is amended to add Subdivision 6, to read as follows:
Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 10. Section 1114.04 of the Mounds View Zoning Code relating to conditional
uses in the B-3 zoning district is amended to add Subdivision 8, to read as follows:
Subd. 8. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 11. Section 1115.04 of the Mounds View Zoning Code relating to conditional
uses in the B-4 zoning district is amended to add Subdivision 6, to read as follows:
Subd. 6. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
Ordinance 588
January 27, 1997
Page 13 •
SECTION 12. Section 1116.04 of the Mounds View Zoning Code relating to conditional
uses in the I-1 zoning district is amended to add Subdivision 22, to read as follows:
Subd. 21. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 13. Chapter 1117 of the Mounds View Zoning Code pertaining to the
Conservancy, Recreation and Preservation(CRP)District is amended by adding new sections
1117.04 and 1117.05, respectively entitled"ACCESSORY USES" and"CONDITIONAL USES"
relating to wireless telecommunication towers and antennae, to read as follows:
1117.04 ACCESSORY USES: The following shall be considered an accessory use in the
CRP District:
Subd. 1. An accessory building or cabinet-like structure located adjacent to, or in the immediate
vicinity of, a commercial wireless telecommunication service tower and/or antenna, used
for the sole purpose of housing related service equipment customarily incidental to the
receiving or transmitting of wireless broadcasts, cellular telephone calls, voice messaging
and paging services: subject to the design, landscaping and screening standards established
in Section 1124.05 of the Zoning Code.
1111
1117.05 CONDITIONAL USES: The following_shall be considered a conditional use in
the CRP District(requiring a conditional use permit based upon procedures set forth in and
regulated by Section 1125.01 of this Title):
Subd. 1. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 14. Chapter 1118 of the Mounds View Zoning Code pertaining to the Public
Facilities (PF)District is amended by adding new sections 1118.03 and 1118.04, respectively
entitled"ACCESSORY USES" and"CONDITIONAL USES" relating to wireless
telecommunication towers and antennae, to read as follows:
1118.03 ACCESSORY USES: The following shall be considered an accessory use in the
PF District:
Subd. 1. An accessory building or cabinet-like structure located adjacent to, or in the immediate
vicinity of, a wireless telecommunication service tower and/or antenna, used for the sole
purpose of housing related service equipment customarily incidental to the receiving or
transmitting of wireless broadcasts, cellular telephone calls, voice messaging and paging111)
services: subject to the design, landscaping and screening standards established in Chapter
1124 of the Zoning Code.
Ordinance 588
January 27, 1997
Page 14
1118.04 CONDITIONAL USES: The following shall be considered a conditional use in
the PF District (requiring a conditional use permit based upon procedures set forth in and
regulated by Section 1125.01 of this Title):
Subd. 1. Wireless telecommunications towers and antennae subject to the provisions established
in Chapter 1124 of the Zoning Code.
SECTION 15. The title of Chapter 1124 of the Mounds View Zoning Code is hereby
amended to read as follows:
a •.•.•• • • ••• Y • •■ •.• ••. • a •. • •
•
•
•
WIRELESS TELECOMMUNICATION FACILITIES
SECTION 16: EFFECTIVE DATE: This ordinance goes into effect after the City
Council approves it and 30 days after its publication in the official City newspaper.
•
Read by the City Council of the City of Mounds View on , 1997.
Read and passed by the City Council of the City of Mounds View on this
day of , 1997.
Duane McCarty, Mayor
ATTEST:
Charles Whiting, City Clerk—Administrator
(SEAL)
APPROVED TO AS FORM:
• City Attorney
n:\data\users\jime\share\tower.ord
1 I '
i
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 491-96
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECONEVIENDING TO THE MOUNDS VIEW CITY COUNCIL
ADOPTION OF ORDINANCE NO. 588,AN ORDINANCE AMENDING R 1126
OF THE MOUNDS VIEW ZONING CODE RELATING TO 11:L LOCATION J
DESIGN OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES AND
FACILITIES WITHIN 131.E CITY OF MOUNDS VIEW
WHEREAS, the Mounds View City Council enacted a moratorium on the new use,
development or construction of commercial wireless telecommunication services within the City
of Mounds View in order to provide an opportunity for the study of this issue and the
development of an ordinance to regulate such services; and,
WHEREAS, the Mounds View Planning Commission has conducted research, examined
ordinances from other jurisdictions, and received information from industry representatives and
the North Suburban Cable Commission regarding this issue; and,
WHEREAS, the Mounds View Planning Commission has conducted a series of work
sessions on September 18, October 23, December 4 and December 18; and,
WHEREAS, it is in the best interest of the community, and a protection to health, safety •
and welfare for the City to enact regulations on the location and design of commercial wireless
telecommunication services and facilities.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission
does hereby recommend adoption of Ordinance No. 588 as shown in Exhibit"A" attached hereto
and made a part of this resolution by this reference.
BE IT FURTHER RESOLVED that the Planning Commission direc Staff to forward
this resolution to the City Council prior to approval of the minutes.
Adopted this 18th day of December, 1996
Jerry Peterson, Chairman
Ai ihST:
Pamela Sheldon, Community Development Director
11110
N:1DATA\USERSU MESHARE\TOWERPC.RES
I-i-em i/6 II F
IIIRESOLUTION NO. 5080
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE NATIONAL SPORTS CENTER ICE ARENA MASTER
AND SUPPLEMENTAL AGREEMENTS WITH THE CITIES OF ARDEN HILLS,NEW
BRIGHTON, SHOREVIEW AND WITH THE MOUNDS VIEW YOUTH HOCKEY
ASSOCIATION AND RAMSEY COUNTY
WHEREAS, the representatives of the Cities of Arden Hills, Mounds View,New Brighton and
Shoreview known as SAMN, have been meeting with representatives of several other
communities and the SAMN to discuss the potential development of a four sheet ice complex at
the National Sports Center in Blaine.
WHEREAS, as stated in the Master and Suppplemental Agreements, the SAMN would build and
operate a four sheet ice complex at the National Sports Center site in Blaine.
WHEREAS, the Supplemental and Master Agreement (attached) outlines the financial
responsibilities and relationship between the Cities of Shoreview, Arden Hills, Mounds View and
New Brighton, the Mounds View and Irondale Youth Hockey Associations and Ramsey County.
• NOW THEREFORE, be it resolvedtheMounds by City Council of the City of Mou ds View to authorize
the Mayor and Clerk Administrator to execute and approve the Master and Supplemental
Agreements for the National Sports Center Ice Complex.
Adopted this 27th day of January, 1997
ATTEST:
Duane McCarty,Mayor
•
(SEAL)
Charles S.Whiting,Clerk-Administrator
S
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•
•
01/23/97 17:31 FAX 7855699 NSC I- I)/
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$ - ?•�jp2 t.AGREEMENT
1 tus MAJ 1 P-41l tt.rt 1 shall be effective as of the first day of January 1997, and is
made and entered into by and between the State of Minnesota acting through the Minnesota
Amateur Sports Commission (hereinafter referred to as "MASC"), the City of Mounds View,
Minnesota a political subdivision of the State of Minnesota (hereinafter referred to as "Mounds
View"), the City of Arden Hills,Minnesota, a political subdivision of the State of Minnesota
(hereinafter referred to as "Arden Hills"), the City of New Brighton,Minnesota, a political
subdivision of the State of Minnesota (hereinafter referred to as "New Brighton"), the City of
Shoreview, Minnesota, a political subdivision of the State of Minnesota (hereinafter referred to as
"Shoreview"), (Mounds View,Arden Hills, New Brighton and Shoreview referred to herein as
"MANS"), Ramsey County, a political subdivision of the State of Minnesota (hereinafter referred to
as "Ramsey") the City of Blaine, Minnesota, a political subdivision of the State of Minnesota
(hereinafter referred to as"Blaine"), and the City of Coon Rapids, Minnesota, a political subdivision
of the State of Minnesota (hereinafter referred to as "Coon Rapids") (each of the parties hereto other
than MASC and Ramsey County collectively referred to herein as"the Subdivisions").
WITNESSETH:
WHEREAS, MASC in partnership with the Subdivisions and Ramsey County, has authority
to design, construct, own and operate a four sheer ice arena and auxiliary facilities (hereinafter
referred to as the"Facility") to be located on the property owned by MASC consisting of the
III National Sports Center located at 1700 105th Avenue NE, in the City of Blaine, Minnesota
(hereinafter referred to as the"NSC") pursuant to authority granted to it under Minnesota Statutes,
Chapter 240A(hereinafter referred to as the"MASC Act"): and
WHEREAS, the Subdivisions and Ramsey County wish to enter into an agreement with
MASC under Minnesota Statutes, Section 471.59 under which the Subdivisions will participate in
the financing of the ownership and operation of the Facility agree to purchase certain portions of the
ice rime available in the Facility, and provide certain guarantees needed to accomplish the financing
of the Facility, all pursuant to authority granted to them pursuant to Minnesota Statutes, Sections
471.59, and 471.191,Minnesota Statutes, Chapter 475 and various general and special laws and
charter provisions governing the operation of the Subdivisions, and
WHEREAS, the MANS Subdivisions and Ramsey County have entered into certain
Supplemental Agreements regarding the contribution of capital to the Facility attached hereto as
Exhibit A; and
WHEREAS, each of the Subdivisions and Ramsey County have adopted resolutions
approving participating the financing of the construction and operation of the Facility pursuant to
this Master Agreement in the form for each Subdivision and Ramsey County as attached in Exhibit
B; and
WHEREAS, the facility is intended to be financed with capital contributions from the
parties hereto and with the proceeds of bonds to be issued by the Anoka County Housing and
Redevelopment Authority(hereinafter referred to as the "HRA"), further secured through the
0 issuance of general obligation bonds of Anoka County (hereinafter referred to as "Anoka County"),
pursuant to a resolution or resolutions of the HRA and Anoka County and an agreement among the
HRA,Anoka County and MASC governing the issuance of the bonds, the security for the bonds,
and the responsibilities of the MASC (the HRA bonds hereinafter referred to as the "Bonds"), the
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01/23/97 17:32 FAX 7855699 NSC 0002/013
r
agreement among the MASC, the HRA or Anoka County(hereinafter referred to as the"Financing
111
Agreement"), and the resolutions of the HRA and Anoka County and the Financing Agreement,
together with any ocher documents entered into among the MASC, the HRA and Anoka County in
connection with the issuance of the Bonds (hereinafter collectively referred to as the"Bond
Documents"); and
WHEREAS, as a condition of issuing the Bonds, the Bond Documents require a collateral
pledge of the Master Agreement to the Trustee for the Bonds.
NOW THEREFORE, the parties hereto hereby agree as follows:
I. TERM
This agreement shall be effective as of the dare set forth above, and shall terminate on the
earlier of the first day of January, 2024,or the final maturity date of the Bonds. This Master
Agreement shall remain in effect until the final maturity date of the Bonds notwithstanding any
redemption of the Bonds in advance of the maturity date thereof. The Subdivisions and Ramsey
County shall have the continued right to participate as per section XI.
II. FINANCING
It is contemplated that the total cost of the design, construction and securing financing for
the Facility, including any initial deposits for capitalized interest and reserves required under the
Bond Documents (hereinafter referred to as the"Total Development Costs") will be approximately
$9,500,000.00 (nine million five hundred thousand dollars) and is agreed that these costs will be
paid from a combination of(i) the Bonds, (ii) non-cash contributions by MASC, (iii) cash
ill contributions from the Subdivisions and Ramsey County, and (iv) grants to be made by MASC to
municipalities from bond proceeds of the Stare of Minnesota which have been appropriated to
MASC for this purpose (hereinafter referred to as "Mighty Ducks Grants"). The Total
Development Costs will be made available for the Facility by the parties as follows:
DOWN PAYMENT, MANS,MASC, Blaine and Coon Rapids will deposit with MASC in
escrow a down payment in the amount of$500,000 (five hundred thousand dollars) in cash as
described in PART IV below. Ramsey County will make the$500,000 payment on behalf of
MANS.
It is agreed that, in addition to a cash down payment, MASC agrees to make available the
land on which the Facility will be located and access thereto, as well as the related facilities and
equipment described in Exhibit C.
MIGHTY DUCKS GRANTS, It is anticipated that Mighty Ducks Grants will be made to
municipalities for the purpose of the Facility in the amount of least$500,000 (five hundred
thousand dollars), and that the Mighty Ducks Grants will be directly contributed by the recipient to
MASC or otherwise assigned under this Master Agreement or the Bond Documents in order to
make the proceeds of the grants available for the Facility. Any such grants as may be awarded will be
in addition to the down payment requirements referred to above.
BONDS, MASC agrees to use its best efforts to obtain net financing available for
construction and permanent financing from the proceeds of the Bonds to be issued from the HRA
0 under the Bond Documents in the amount of not to exceed $9,000,000 (nine million dollars).
Each party will cooperate with Anoka County tyor its designee and will perform such
covenants and obligations as it undertakes to Anoka County. As more fully sec forth below, all rights
granted under this Master Agreement will be assigned to the bond trustee under the Bond
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01/23/97 17:32 FAX 7855699 NSC 0003/013
Documents (hereinafter, the"Trustee"). The bond Documents will require that the annual
operating budgets for the Facility must include amounts necessary to pay all operating costs and •
annual debt service on the bonds.As described under PART III E, below,MASC and the
Subdivisions hereto will be obligated to make certain fixed rental payments for a specified amount of
ice time in amounts which will cumulatively provide for the payment of all operating and debt
service costs of the Facility.
It for any reason, (including refusal of a parry to make covenants deemed essential by Anoka
County) bond financing is not secured, this agreement shall be void and all of the cash down
payments shall be refunded to the parties except for the$5,000 from each of MANS, Blaine and
Coon Rapids, receipt of which by MASC is hereby acknowledged as an amount separate from and in
addition to the down payment required under this paragraph II.
III. FACILITY OPERATION
A. OWNERSHIP
It is agreed that title to all real property upon which the Facility is to be located or
otherwise necessary for the operation or access to the Facility at the NSC will continue be
held by MASC. Tide to buildings, fixtures and equipment relating to the Facility under this
Master Agreement shall be held as required under the Bond Documents until such time as
• none of the Bonds remain outstanding under the Bond Documents. Upon the termination
of this Master Agreement, the Facility shall remain under the ownership of MASC.
B. LIABILITY
For purposes of this Master Agreement, MASC shall be the operator of the Facility
and shall be responsible for all operational decisions which may give rise to tort liability by
1111
reason of the operation of the facility. The parties to this Master Agreement shall be liable
only for obligations undertaken by them pursuant to this Master Agreement or otherwise
provided by contract. MASC may at its sole option and discretion elect to either purchase
such insurance as it may choose, or elect to proceed under Minnesota State Tort Liability
Act.
C. STAFFING
MASC will hire, supervise and coordinate all permanent and temporary staff
necessary and convenient to operate the facility. For purposes of determining operating
expenses,MASC may make such reasonable allocations of the overall expense operation of
the National Sports Center expense to the facility as fairly represent the cost of all staff
facilities and equipment employed on behalf of or beneficial to the facility. MASC may in its
sole discretion delegate the operations of the facility to the National Sports Center
Foundation. The disbursement of funds under this Master Agreement and any contracts
entered into to carry out the Master Agreement shall be the responsibility of MASC and such
powers shall be exercised pursuant to the laws which apply to MASC.
MASC agrees that it will nor staff and/or operate any other ice complex(except
Columbia) without the consent of the Joint Board established pursuant to part D below
(hereinafter referred to as the "Joint Board").
D. POLICY
There shall be established pursuant to Minnesota Statutes, Section 471.59,
Subdivision 2, a Joint Board consisting of two members appointed by each of Blaine, and •
Coon Rapids, and one member selected jointly by the municipalities included in MANS,
one member from Ramsey County and four from MASC. Any parry directly obligating itself
for Guaranteed Hours, as defined below, under this Master Agreement and who becomes a
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party to this Master Agreement shall be entitled to replace one of the members of the Joint
Board with its own representative for each one thousand forty(1,040) Guaranteed Hours
assumed from a parry to this Master Agreement assigning the Guaranteed Hours. The Joint
Board shall exercise such powers as arc set forth in this agreement or required under the
Bond Documents, including:
1. Adopting bylaws governing its process and procedures.
2. Establishing procedures for the fair and equitable exercise of rights relating to
this agreement.
3. Approval of an annual operating budget consistent with this Master
Agreement and the Bond Documents.
4. Establishing fair and equitable use and programming policies and procedures
not covered by and not inconsistent with this Master Agreement and the Bond
Documents.
5. Determining financial reserves not inconsistent with this Master Agreement
and the Bond Documents pursuant to section III-G of this Master Agreement. The
Joint Board shall provide such information to Anoka County at such times as may be
required in the Bond Documents.
E. USE
1. (a) Rights-Blaine, Coon Rapids,MANS and MASC shall have a
priority right to schedule"high season" hours as hereinafter defined for one
of the four ice surfaces. The High Season is defined as 1,320 hours in the
Winter Season (Oct. 15 to Mar. 15) Each party shall also have rights and
obligations to 326 hours in the Fall Season (Sept. 1 to Oct. 15) and 434
hours in the Spring Season (March 15 to May 30). Such rights may be
exercised by the above parties on such terms, conditions and length of notice
as determined by the Joint Board.
In addition to ics rights with respect to one of the four ice sheets as
described in the above paragraph,MASC shall have a priority right to
schedule all four ice surfaces for the months of June,July and August.
MASC also has priority for all four ice surfaces for the All-American Girls' &
Women's Ice Hockey Tournament (four days total in October and/or
November each year) to the extent of 140 hours and a Christmas
Tournament to be held between Christmas Day and New Years Day each
year for up to 352 hours of ice time. In addition, each of MASC Blaine,
Coon Rapids, and MANS shall be entitled to scheduling priority for all four
ice surfaces for the purpose of holding a tournament requiring all four
surfaces for one weekend during"High Season" (defined as 1,320 hours
between October 15 to March 15 Winter season) on such terms and
conditions as the Joint Board diems appropriate. All use of the ice sheets
pursuant to this paragraph shall be paid for the party using the ice sheets at
the regular hourly rate, and all hours paid for pursuant to this paragraph shall
be credited co each respective party against their obligations under paragraph
(b) below.
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01/23/97 17:34 FAX 7855699 NSC fj005/013 '
b. Obligations
(i) MASC and the Subdivisions are obligated to pay rental
income for the fatality annually in an amount equal to the number of
hours set forth below(hereinafter the"Guaranteed Hours") times the
regular hourly rate (hereinafter referred to as "Guaranteed Rental
Income"). Blaine, Coon Rapids,MANS and MASC shall have the
right to sell dasher board signage in the ice sheet assigned to them as
per the policy of the Joint Board to sponsors and advertisers from its
related community, and all proceeds actually raised by such party may
be used as a credit against that party's Guaranteed Rental Income.
MASC has the rights co sell dasher board signage to regional sponsors
as part of overall facility sponsorship for the benefit of the facility.
No party may sell signage in conflict with overall facility sponsorship.
(ii) Blaine, Coon Rapids MASC and MANS each shall be
obligated to pay Guaranteed Rental Income pursuant to this
paragraph(b) in amount equal to two thousand eighty(2,080)
Guaranteed Hours annually(the MASC guaranteed Hours under this
paragraph hereinafter referred to as the "MASC Sheet Hours").
In addition to the above paragraph, MASC shall be obligated
to pay Guaranteed Rental Income at the Guaranteed Hourly Rate for
an additional two thousand eighty(2,080) Guaranteed Hours (the
MASC Guaranteed Hours under this paragraph hereinafter referred
to as "MASC Additional Hours").
If the MANS Subdivisions fail to meet the Guaranteed Rental
Income pursuant to this paragraph(b), the formula for the allocation
of the guarantee is pursuant to an agreement of the MANS parties.
Any additional payments that are necessary to meet the Guaranteed
Rental Income will initially be allocated to each MANS Subdivision
in the following manner:
Mounds View 15%
Arden Hills 15.5%
New Brighton 25.5%
Shoreview 46%
At least 30 days before the beginning of each fiscal year
MANS shall notify MASC of any changes in the above allotment
formula. If MASC does not receive notice in any subsequent year,
the previous allocations shall apply.
(iii) Parties to this Master Agreement may be released from their
obligations under this paragraph (b) for Guaranteed Hours under the
following conditions:
The MANS Subdivisions may assign their Guaranteed Hours
to other MANS Subdivisions upon the filing of a certificate with the
Joint Board, MASC and Anoka County executed by both
Subdivisions, and accompanied by a resolution of the Subdivision to
which the Guaranteed Hours have been transferred authorizing the
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01/23/97 17:34 FAX 7855699 NSC L 006/013
Subdivision to assume the obligation for the Guaranteed Hours,
• together with an opinion of counsel to the Subdivision as the validity
of the action of the Subdivision assuming the obligation for the
Guaranteed Hours,with both the resolution and opinion required to
be in the form acceptable to MASC and Anoka County.
MASC may assign its Sheet Hours and its Additional Hours
to any political subdivision authorized by law to assume the
obligations for Guaranteed Hours under this Master Agreement,
including the obligation to levy for Operating Expenses, if necessary
under G(1)(a), upon the filing of a certificate with the Joint Board
and Anoka County executed by the MASC and the subdivision
assuming the MASC obligation,and accompanied by a resolution of
the subdivision to which the Guaranteed Hours have been transferred
authorizing the subdivision to (i) enter into this Master Agreement (if
the subdivision is not already a party to this Master Agreement) and
(ii) assume the obligation for Guaranteed Hours, together with an
opinion of counsel to the subdivision as the validity of the action by
the subdivision assuming the obligation for the Guaranteed Hours,
with both the resolution and opinion required to be in a form
acceptable to Anoka County.
Blaine, Coon Rapids, and any political subdivision not a party
to this Master Agreement on the effective date hereof who
subsequently becomes a party to this Master Agreement, may assign
its Guaranteed Hours to any political subdivision authorized by law
to assume the obligations for Guaranteed Hours under this Master
Agreement, including the obligation to levy for Operating Expenses,
if necessary under G(1)(a), upon (i) the approval of the assignment by
the joint Board and Anoka County,which approval is to be based
upon the financial capacity of the assignor,which approval may not
be unreasonably withheld, (ii) the filing of a certificate with the Joint
Board, MASC and Anoka County executed by the party assigning the
Guaranteed Hours and the subdivision assuming the obligation, for
the Guaranteed Hours, and accompanied by a resolution of the
subdivision to which the Guaranteed Hours have been transferred
authorizing the subdivision to (i) enter into this Master Agreement (if
the subdivision is not already a party to this Master Agreement) and
(ii) assume the obligation for the Guaranteed Hours, together with an
opinion of counsel to the subdivision as the validity of the action by
the subdivision assuming the obligation for the Guaranteed Hours,
with both the resolution and opinion required to be in a form
acceptable to MACS and Anoka County.
c. Budget--
MASC shall submit a proposed annual budget (hereinafter referred to
as the "Annual Budget") to the Board ac least 120 days before the beginning
1111 of a new calendar year (hereinafter referred to as the"Fiscal Year"). Such
Annual Budget shall include an hourly rate (the "Guaranteed Hourly Rate")
to be charged for ice sheet rental at a level such that projected Guaranteed
Rental Income, if received,will be adequate to pay all Operating Expenses, as
defined below, and Bond Expenses for the following Fiscal Year. In addition,
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the Annual Budget shall establish rental charges for its time above and
beyond the 10,400 Guaranteed Rental Hours (the"Off Peak Rental Rates")
which shall be sufficient to produce income from such off peak rental usage
at least equal to the additional operating expenses, if any, attributable to such
off peak usage. For purposes of this Master Agreement, "Operating
Expenses"shall be defined as all costs of operating and maintaining the
Facility, including the fixtures and equipment required therefore, and all
deposits required to operating reserves, but shall not include the costs of
promotion and coordination of special events in the Facility sponsored or
organized by or on behalf of MASC. If the Joint Board determines that the
Operating Expenses are not reasonably necessary to operate the facility as
intended, the Joint Board may object to the proposed budget at least 60 days
prior to the beginning of a new Fiscal Year. If the Joint Board does not rake
action to object to the proposed Operating Expenses within 60 days prior to
the new Fiscal Year, the Operating Expenses and the Annual Budget shall be
deemed to approved by the Joint Board, and the Guaranteed Hourly Rate for
the Fiscal Year shall be deemed to be approved. In the event that MASC and
the Board are unable to agree after all parties have made their best efforts, the
question of reasonableness of the budget shall be submitted co binding
arbitration with the Office of Alternative Dispute Resolution in the State
Bureau of Mediation Services. The proposed Annual Budget, and the
Guaranteed Hourly Rate included therein,shall be in effect as the first day of
the Fiscal Year in the event that any arbitration hereunder is not completed as
of the beginning of the Fiscal Year. MASC members on the Joint Board shall
be permitted to vote on the Annual Budget as board members.
d. Enforcement of Obligations
MASC is hereby delegated as the sole party to this agreement charged
with the duty of enforcing the rental and Guaranteed Hours obligations of
the other four parties.
In its discharge of this duty, MASC in its discretion may employ any
dispute resolution, mechanisms and techniques including negotiations,
mediation, arbitration and litigation.
2. Procedure
Each year,prior to each rental season (as defined by the Joint Board) each
party shall notify MASC on such terms and conditions as are deemed appropriate by
the Joint Board of the number of hours of rhe party's Guaranteed Hours for which
the party has obtained either a commitment from a third parry to rent the applicable
ice sheet or for which the party has determined to use the applicable ice sheet for its
own use (herein referred to as "Secured Rental Income") it has obtained for that
season.
MASC will then credit such hours as a preliminary reservation towards the
party's obligation under III.E.(1) above. At the same time, each such party may
release in writing Guaranteed Hours for marketing by MASC. In such case,
preliminary credit cowards the obligation under III.E.(1) above will be provided in
the same proportion as the hours released by that parry bears to the total hours
released by all parries. Credit against Guaranteed Hours shall accrue only when
released hours arc actually rented and the applicable rental income is received by
MASC. In addition, all hours secured by MASC above its MASC Sheet Hours and
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•
MASC Additional Hours shall be credited equally to the other parties to this
• agreement. When MASC sells Fall and Spring hours, all four sheets arc credited
equally.
In the event that MASC is able to rent ice time for MASC programs in excess
of the capacity of the Facilities,MASC shall provide for a preference in rentals to ice
rinks owned and operated by Subdivisions and Ramsey County who are a party to
this Master Agreement.
3, Major contracts for ice purchases will be submitted to the Joint Board for
approval.
4. MASC will provide each party an estimate of the reconciliation between
Guaranteed Rental Income and income actually received and projected to be
received by year end by December 1, or each year. In the event that any party fails to
pay or otherwise provide for the payment of Guaranteed Rental Income as obligated
above, such party will pay the difference between income secured and income
obligated within 30 days after the year end reconciliation of accounts showing the
deficit is presented to each party.
F. SCHEDULING AND PROGRAMMING
Scheduling and programming policies shall be determined by the Joint Board, except
that scheduling may not be inconsistent with this Master Agreement. Each party has sole
discretion in scheduling and programming it's priority hours that are not inconsistent with
this Master Agreement.
G. FINANCING OPERATIONS
Appropriate books and records representing the operating revenues and expenses and
capital assets and liabilities relating to the facility shall be maintained by MASC. The
following reserve accounts shall be maintained.
1. Application of Revenues
The following provisions shall apply to revenue generated in connection with
the operation of the Facility:
(a) The general principle of payment in full before use shall apply to this
facility and additional advance payment requirements will be determined by
the Joint Board. For extended rentals,such prior payment shall be for such
period of time as is determined pursuant to policies recommended by the
MASC and approved by the Joint Board. Any party to this Master
Agreement may retain any amounts by which the hourly rental rate charged
by the party for use of ice time in the Facility exceeds the Guaranteed Hourly
Rate. Notwithstanding the provision of this paragraph, it is the intent of the
parties that the obligations referred to in paragraph III.E(b) be enforced after
the end of each fiscal year and that the prepayments referred to in this
paragraph refer only to actual user fees.
4110 (b) Admission income from events sponsored by the parties shall accrue
to the respective party.
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(c) MASC shall retain all of the revenues generated by the Facility not
specifically allocated pursuant to this Master Agreement,including by not
limited to concession, admissions income, and rental of space for all purposes
other than ice time, including restaurant or food service operations. MASC
shall dedicate all revenues attributable to the Facility to activities for the
benefit of the Facility, including the development and sponsorship of the
Facility or special events, payment of operating or debt service short falls,
improvements to or expansion of the Facility, and the early payment of the
Bonds, all as determined by MASC. In the event that MASC advances such
revenues to pay Operating Costs or Bond Expenses (except to the extent
necessary to meet MASC's obligations with respect to Guaranteed Rental
Income), MASC shall be entitled to reimbursement from Guaranteed Rental
Income.
(d) The Bond Documents will include a schedule of the debt service on
the Bonds for each fiscal year under this Master Agreement. In the Annual
Budget adopted for each Fiscal Year pursuant to paragraph III(c), the Joint
Board will identify the amount of bond debt service, bond expenses, and
deposits to reserves required under the Bond Documents (hereafter referred
to as the "Bond Expenses"). All ice sheet revenues paid or attributable to
Guaranteed Rental Income shall first be applied to Bond Expenses and then
to Operating Expenses. Each parry to this Master Agreement (other than
MASC) agrees to levy a direct general ad valorem property tax on all property
within the Subdivision as needed to pay the Subdivision's share (a fraction
equal to the Guaranteed Hours of the Subdivision, divided by 10,400 is
hereinafter referred to as the"Subdivision's Share") of the budgeted
Operating Expenses to the extent Guaranteed Rental Income actually paid by
or on behalf of the Subdivision is less than the Subdivision's Share of such
Operating Expenses and Bond Expenses.
(e) All Guaranteed Rental Income and Off-Peak Rental Income and any
proceeds of business interruption insurance (and to the extent of arty
shortfalls, any ocher revenues advanced by MASC pursuant to paragraph (c)
shall be applied in the following order of priority: (1) monthly payment to
the Trustee under the Bond Documents of 1/6 of the next interest payment
and 1/12 for the next principal payment for debt service on the bonds; (2)
monthly payment to the Trustee under the Bond Documents for restoration
of the debt service reserve fund for the Bonds, if necessary; (3) monthly
payment of$5,000 to the Trustee under the Bond Documents for deposit to
the capital improvement reserve held by the Trustee until the amount on
deposits reaches and is maintained at$250,000; (4) the payment of
Operating Costs of the Facility; (5) the accumulation of an operating costs
reserve to be held by MASC in the amount of $500,000 (five hundred
thousand dollars); (6) deposit to the redemption fund under the Bond
Documents on March 1 of each year of any amounts not applied in
accordance with subparagraphs (1) through (5) as of the end of previous
Fiscal Year for accumulation in a bond redemption fund. Funds in the bond
redemption fund may be used to cure deficiencies in subparagraph (2) to the
extent other reserve funds are insufficient, or be applied to the early
redemption of Bonds, as directed by MASC with the concurrence of Anolca
County.
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•
(f) Commencing on the date that no Bonds remain outstanding under
• the Bond Documents, all Guaranteed Rental Income, any amounts
remaining under the Bond Documents after the Bonds are no longer
outstanding, and any proceeds of business interruption insurance (and to
extent of any shortfalls, any other revenues advanced by MASC pursuant to
paragraph (b) shall be applied in the following order of priority:
(1) the payment of Operating Costs of the Facility;
(2) In the event that revenues under this paragraph exceed costs
such that the Facility has"profit from rental income" such profit will
be assigned to an operating reserve until such reserve has reached an
amount equal to one year operating expense.
(3) after the operating reserve reaches the maximum amount
required under paragraph (2) above, additional"profits" shall be
assigned to a capital improvement and repair reserve in such amount
as it determined by the Joint Board(but not less than $250,000); and
(4) any"profits" in excess of the amounts necessary to maintain
the above reserves, shall be allocated by the Joint Board pro rata to
each party based upon their Guaranteed Hours.
H. OPERATING EXPENSES
MASC will be responsible for the operation of the facility and no other party shall be
required to contribute any amounts not required pursuant to paragraphs II (Financing) and
III.E(Use) and IV(Construction of Facility) of the agreement. As part of the consideration
for such undertaking by MASC, MASC may sell products, services and signage commonly
known as "concessions" or "sponsorship" at the facility and the revenues and expenses
relating to concessions shall accrue to MASC and not to the other parties to this agreement
except as required under paragraph III(G)1(b).
Notwithstanding the above, MASC shall contribute the net profit from"concessions"
and "sponsorships" at the facility to the benefit of the facility. At the option of MASC, such
contribution may be used for either capital, operation, reserve or program purposes.
IV. CONSTRUCTION OF FACILITY
MASC will be responsible in all respects for the design and construction of the facility.
MASC may delegate or contract such responsibility as it sees fit.
The DOWN PAYMENT portion of the financing shall be made by the Subdivisions as
follows:
First Part—$250,000 after design approval pursuant to this paragraph IV.
Second Part—$250,000 90 days after first part payment.
The DOWN PAYMENT portion of the financing shall be made by Ramsey County on
behalf of MANS as follows:
First Part—$100,000 after design approval pursuant to this paragraph IV.
Second Part—$400,000 90 days after first part payment.
•
Prior to the payment of any part of the DOWN PAYMENT portion of the financing
MASC will submit a proposed design to the other parties. The design shall provide for four (4)
Olympic sized ice surfaces with permanent seating capacity of not less than 400 sears per rink and
10
01/23/97 17:37 FAX 7855699 NSC 01011/013 '
provision for at least 400 temporary seats which are available for use at any one of the rinks. In
addition, the design will provide adequately for equipment, locker rooms, concessions and toilet411
areas and all other space and equipment reasonably necessary for the operation of the facility.
Each parry shall have at least 30 days to review the proposed design. After this 30 day review
period, MASC may demand payment of the first part of the DOWN PAYMENT, portion of the
financing. Payment of the first part of the DOWN PAYMENT means chat the proposed design is
accepted by that party. Failure to pay within 30 days after the demand means that the party failing
to pay has withdrawn from this agreement and this agreement shall be void as to all parties.
If the required DOWN PAYMENTS are made,MASC will cause the facility to be
constructed substantially in accordance with the proposed design.
After design approval, any substantial modifications not increasing the overall cost of the
facility by more than $50,000 may be made by a majority vote of the Joint Board.
After design approval any substantial modifications to the design which increases the overall
cost of the facility by more than $50,000 may be made only after a unanimous vote of the Joint
Board.
V. EXPANSION
MASC shall have the right to expand the number of ice sheets on its property beyond four
provided that:
If such expansion is physically connected to this facility all parties shall have pro rata right of
first refusal to purchase additional scheduling and programming rights on such terms and conditions
as are offered by MASC.
Exception: It is contemplated that MASC in connection with financing the construction of
this facility, may make certain covenants to Anoka County in connection with the operation of
Columbia Ice Arena. In such case, MASC shall be permitted to fulfill its covenants as a priority over
rights granted by this paragraph.
VI. DEFAULTS AND FAILURES TO PERFORM
If any party defaults on any of its obligations under this agreement and such default
continues for a period in excess of 30 days after written notice is mailed to such parry, the ocher
parries shall have right of first refusal on all of the defaulting party's assets, liabilities, rights and
obligations in connection with the facility and this agreement, under such terms conditions and
procedure as are determined by the agreement, under such terms conditions and procedures as are
determined by the Joint Board. If no other party assumes the assets,liabilities, rights and obligations
of the defaulting parry, MASC may dispose of them ins such manner as it sees fit.
If any party except the MASC fails to perform an obligation required under this agreement,
all parties agree chat MASC may pursue any appropriate remedies on behalf of all parries including
litigation in a court of competent jurisdiction. If MASC fails to perform any obligation, the board,
by majority affirmative vote may pursue appropriate remedies on behalf of all parties.
VII. ADDITIONAL AGREEMENTS
The MANS Subdivisions may enter into agreements among one another nor inconsistent
with this agreement.
11
01/23/97 17:38 FAX 7855699 NSC 2012/013
It is understood that Anoka County may require pledges of revenues received pursuant to the
Master Agreement and covenants in connection with the financing of the Facility. Such covenants,
to the extent inconsistent with this Master Agreement cake precedence over this Master Agreement.
VIII. ALIENATION OF INTEREST
Any party may sell,partition or alienate its interest in the Facility or in this agreement to any
ocher party to this agreement on such terms and conditions as they may agree among themselves.
No party shall attempt to or sell,partition or alienate its interest in the Facility or in this agreement
to a non-party without first offering such interest to the other parties to this agreement under such
terms conditions and procedures as may be determined by the Joint Board. If the Joint Board fails
to enact terms procedures and conditions for more than 60 days after notice of intent t o alienate
given to the Joint Board at the address of MASC. The party may sell,partition or alienate its
interest as it sees fit. Notwithstanding the above, any alienation of interest must be substantially
equivalent for financing purposes such that the security interests of Anoka County are not
diminished, and shall be subject to Anoka County's approval,which shall not be unreasonably
withheld. No such sale, partition or alienation shall relieve a party of its obligations under E(1)(b) or
G(1)(d) except as set forth except as set forth in E(1)(iii). Furthermore, no such sale, partition or
alienation, or use of the Facility, may be made which would have the effect of causing the Bonds to
be classified as"private activity bonds."
IX. AMENDMENTS
This agreement may not be amended except by unanimous vote of the undersigned or their
successors in office or interest as the case may be. -
S X STATE AUDITS
The books, records, documents and accounting procedures and practices of MASC and the
Joint Board relevant to this contract shall be subject to examination by the MASC and the
Legislative Auditor.
XI. END OF TERM-RIGHT OF RENEWAL
If at the end of the term of this agreement. the MASC and the majority of the Board of
Directors elect to continue to operate the facility as at lease a four surface ice arena each parry may
renew its scheduling rights pursuant to the following terms and conditions:
A. No further guarantees of rental revenue arc required from the party
B. MASC with consultation with the parties will establish reasonable operation and
capital reserves
C. "Profits" above those required for operating reserve purposes shall be distributed pro
rata to the parties under such terms and conditions as are determined by the Joint Board.
D. Each party may renew its rights in five year extensions for as long as the facility is
operated as a sports facility.
E. If a party elects not to renew its scheduling rights at the end of the original or
extended term of this agreement that party will be paid its pro rata share of the operating and
• capital improvement reserve accounts and shall have no further rights or interest in the
facility.'
F. Other reasonable terms and conditions and procedures may be imposed by the Joint
Board relating to renewal or non renewal of scheduling rights.
12
A
01/23/97 17:38 FAX 7855699 NSC 01013/013 6
XII. APPROVAL
This agreement is authorized and executed pursuant to Minnesota Statutes Section 471.59. 4110k
Dare Attorney General
Date Commissioner of Administration
Date City of Mounds View
Dace City of Arden Hills
Date City of New Brighton
Date City of Shoreview
Dare City of Blaine
Date City of Coon Rapids
Date County of Ramsey
Date Minnesota Amateur Sports Commission
11111
•
13
_TTE-14 11i
NATIONAL SPORTS CENTER
ICE ARENA
4111 SUPPLEMENTAL AGREEMENT
I. PARTIES. This Agreement is dated to be effective the day
of , 1997, and is entered into by and
between the following entities:
A. City of Shoreview, herein "SV", City of Arden Hills,
herein "AH", City of Mounds View, herein "MV", and City
of New Brighton, herein "NB", all of the above
collectively herein "SAMN"; and
B. Mounds View Youth Hockey Association, and
Irondale Youth Hockey Association and their successors
and assigns, collectively herein "HOCKEY ASSOCIATIONS";
and
C. Ramsey County, herein "COUNTY" .
II. RECITALS.
A. The governing bodies of SAMN, COUNTY, and the HOCKEY
ASSOCIATIONS have determined that it would be mutually
4110 beneficial to their respective organizations to encourage
and participate financially in the construction,
operation and maintenance of an olympic sized ice surface
and related facilities to be located at the National
Sports Center, 1700 105th Avenue NE, Blaine, MN (herein
"Project" ) .
B. SAMN, the COUNTY, other units of government and other
public agencies are parties to the Master Agreement,
hereinafter defined, which specifies the construction,
operation and financing obligations of the parties to the
Master Agreement.
C. SAMN and COUNTY would not have entered into the Master
Agreement without obtaining contractual assurances from
the HOCKEY ASSOCIATIONS to reimburse SAMN for all or a
portion of the financial commitments assumed by SAMN
pursuant to the Master Agreement.
III. PURPOSE. The purpose of this Agreement is to define the
rights and obligations of the parties hereto primarily with respect
to the allocation of financial responsibilities incurred as a
result of the Project and the guarantee of the use of ice time by
the HOCKEY ASSOCIATIONS in order to permit SAMN to meet its
obligations under the Master Agreement.
4110 1
i
IV. DEFINITIONS. As used herein, the following terms shall mean:
A. Prime Time means the period from October 1 - March 15.
B. Non-Prime Time means all other periods of the year not
defined as prime time.
C. Regular Hourly Rate means the rental rate of ice time at
the National Sports Ice Arena that will be established
annually by the Joint Board.
D. Joint Board means the board of directors for the National
Sports Center Ice Arena as defined by the Master
Agreement.
E. User Group Committee means a committee consisting of one
representative from each of the cities in SAMN and the
COUNTY and one representative from each of the HOCKEY
ASSOCIATIONS.
F. Master Agreement means the agreement titled "National
Sports Center Ice Arena Master Agreement" dated the
day of , 1997, and incorporated
herein as Exhibit A.
V. TERMS AND CONDITIONS. In consideration of the mutual
undertakings herein expressed and in consideration of the
obligations assumed by SAMN and the COUNTY pursuant to the Master
Agreement, the parties agree as follows:
A. Term. This agreement shall be effective as of the date
set forth above, and shall terminate on the day on which
the financial obligations of SAMN and the COUNTY are
satisfied pursuant to the Master Agreement.
B. Financing. •
1. Down Payment. COUNTY agrees to contribute the
$500,000 down payment to the Minnesota Amateur
Sports Commission (MASC) on behalf of SAMN for
construction of the National Sports Center Ice
Arena in accordance with the Master Agreement
provided that the SAMN guarantees the annual
purchase of 1,000 hours of ice time at COUNTY
arenas between October 1 and March 15, including at
least 16 hours per weekend.
2. Ice Time Obligations. To insure that SAMN meets
their annual financial obligations to purchase 2080
hours of ice time per year at the National Sports
1111
Center facility pursuant to the Master Agreement
2
and 1000 hours from the COUNTY Ice Arena system
pursuant to this Agreement, the HOCKEY ASSOCIATIONS
agree to the following:
a. Purchase 2080 hours of ice time during each
year at the "regular hourly rate" for the
entire term of this agreement at the National
Sports Center Ice Complex, less any time that
is used for community programs, school
district programs, or any third party users of
the facility that are credited to SAMN
financial guarantee.
b. Purchase 1000 hours of ice time during each
year from the COUNTY Ice Arena system at the
COUNTY's "regular hourly rate" for the entire
term of this agreement. The ice time will be
purchased between October 1 and March 15,
including at least 16 hours per weekend.
3. The COUNTY will allocate 1000 hours of ice time to
the HOCKEY ASSOCIATIONS consistent with historical
allocations. The COUNTY, at the request of the
HOCKEY ASSOCIATIONS, will, prior to October 1 of
each year, attempt to reallocate any hours of ice
time assigned to the HOCKEY ASSOCIATIONS that the
1111 HOCKEY ASSOCIATIONS determine to be surplus. This
reallocation effort on"the part of the COUNTY does
not relieve the HOCKEY ASSOCIATIONS of their
responsibility for the ice time unless the ice time
is purchased by other users. All hours of surplus
ice time not accepted by other users shall remain
the obligation of the HOCKEY ASSOCIATIONS. The
HOCKEY ASSOCIATIONS may not sublet or sell hours of
ice time at Ramsey County arenas to other Ramsey
County user groups without prior approval from the
COUNTY.
4. Escrow Fund. SAMN agrees to establish and maintain
as a separate account at one of its member
municipalities a minimum $300,000 escrow fund
throughout the term of this Agreement. The Finance
Director of the "selected municipality shall be the
escrow agent and shall administer the escrow
account pursuant to the terms of this Agreement.
The escrow fund will be used for the purpose of
meeting the annual financial obligation of SAMN as
it relates to the rental of ice time referenced in
Section V.B.2. above, and the Master Agreement.
The escrow fund will be funded in the following
manner:
• 3
a. The HOCKEY ASSOCIATIONS shall provide a
$300,000 cash contribution to the escrow fund.
At the time of execution of this agreement,
the HOCKEY ASSOCIATIONS will make an initial
contribution of $200,000 and another $100,000
shall be provided by October 1, 1998, the
projected opening date of the national Sports
Center Ice Complex.
b. The HOCKEY ASSOCIATIONS shall contribute a
minimum of an additional $25,000 per year for
four years beginning in 1999 and ending in
2002. This contribution shall be made by
November 1st of each year. This $25,000
annual contribution shall be financed from
interest earnings on the initial escrow, a $50
surcharge for each hockey participant from any
City that is not part of this Supplemental
Agreement, and other sources that the HOCKEY
ASSOCIATIONS deem appropriate.
c. The HOCKEY ASSOCIATIONS agree to maintain the
balance in the escrow fund at the minimum
$300,000 level on November 1st of each year
during the term of this agreement. If, during
the entire term of this agreement, the escrow
fund falls below $300,000, the HOCKEY
ASSOCIATIONS shall replenish the fund to the
minimum $300,000 level. The escrow fund may
be replenished through any interest earnings
from the fund, the $50 surcharge for each
hockey participant from any City that is not
part of this supplemental agreement, and any
other sources that the HOCKEY ASSOCIATIONS
deem appropriate.
d. If the HOCKEY ASSOCIATIONS fail to maintain a
minimum $300,000 balance in the escrow fund,
SAMN reserves the right to impose a surcharge
on any rental of ice time to the HOCKEY
ASSOCIATIONS to restore the escrow fund to the
minimum fund balance.
e. The maximum balance in the escrow fund will be
$400,000. Any revenues above the $400,000
amount will be returned to the HOCKEY
ASSOCIATIONS for their use.
SAMN agrees to review the status of the Escrow
Fund with the HOCKEY ASSOCIATIONS after each
five-year period of this agreement. At the
end of this agreement, SAMN will return any
4
•
remaining monies in the Escrow Fund to the
HOCKEY ASSOCIATIONS.
5. Rental Income Shortfalls. In the event that SAMN
fails to meet the annual rental income requirement
as defined in Articles V.B.1. and V.B.2. above,
SAMN will first use the escrow fund that will be
established and funded as provided in this
agreement. If the monies available in the escrow
fund are insufficient to meet the annual ice time
financial obligations, any shortfalls will be split
by SAMN in the following manner:
TOTAL
% POP. * PART. SHORTFALL
CITY x .5 + x .5 PERCENTAGE
AH 6.5* 9.0% 15.5%
MV 9.0% 4.0% 13.0%
NB 16.0% 9.5* 25.5%
SV 18.5% 27.5% 46.0%
The population percentages (% POP. ) will be
adjusted annually based on the Metropolitan
Council's population estimate and the United States
census. The participant's percentages (% PART. )
• will be adjusted annually based on the actual
number of participants by community provided by the
HOCKEY ASSOCIATIONS.
C. Use of Ice.
1. The HOCKEY ASSOCIATIONS will have the right to
schedule at least 80$ of the available ice rental
time at the National Sports Center Ice Complex at
the regular hourly rate during the "Prime Time", as
long as it does not conflict with the obligations
set forth in the Master Agreement.
2. The HOCKEY ASSOCIATIONS will have the opportunity
to host a tournament using all four ice surfaces
for one weekend during the prime time period,
consistent with the provisions of the Master
Agreement.
3. SAMN agrees to provide the HOCKEY ASSOCIATIONS
first opportunity to reserve additional ice time at
the regular hourly rate during prime time that is
not used for other community programs.
4110 5
4. The HOCKEY ASSOCIATIONS agree to provide both prime
time and non-prime time ice to both boys' and
girls' youth hockey programs in a fair and non-
discriminatory manner, consistent with the
requirements of State statutes.
VI. NATIONAL SPORTS CENTER ICE ARENA INTERIOR DESIGN. The COUNTY
will have the right to name, select colors and graphics, and
approve advertising for the SAMN designated ice arena within the
National Sports Center Ice Arena Complex. The COUNTY will consult
with SAMN and HOCKEY ASSOCIATIONS in the selection of colors and
graphics.
VII. NATIONAL SPORTS CENTER ICE ARENA PROFITS. In the event that
the National Sports Center Ice Arena generates profits as
identified in the Master Agreement, the COUNTY shall be entitled to
fifty percent (50%) of any profits allocated to SAMN.
VIII. BOARD OF DIRECTORS. The cities in SAMN that are represented
by this supplemental agreement will have one representative on the
Board of Directors as stipulated in the Master Agreement. The
responsibility of serving on the Board will rotate on an annual
basis between each of the SAMN cities that are a party to this
agreement. The COUNTY will have one representative on the Joint
Board as stipulated in the Master Agreement.
IX. USER GROUP COMMITTEE. A user group committee will meet at •
least annually to discuss facility scheduling, future needs, and
the status of the escrow fund.
IN WITNESS WHEREOF, the parties . hereto have caused this
Agreement to be executed.
CITY OF ARDEN HILLS
Pursuant to City Council
authorization granted the
day of By:
, 1997.
Its: Mayor
By:
Its: City Administrator
•
6
•
0
CITY' OF MOUNDS VIEW
Pursuant to City Council
authorization granted the
day of By:
, 1997. .
Its: Mayor
By:
Its: City Manager
CITY OF NEW BRIGHTON
Pursuant to City Council
authorization granted the
day of By:
, 1997.
Its: Mayor
By:
1111
Its: City Manager
CITY OF SHOREVIEW
Pursuant to City Council
authorization granted the
day of By:
, 1997.
Its: Mayor
By:
Its: City Manager
MOUNDS VIEW HOCKEY ASSOCIATION
Pursuant to authorization By:
granted by its Board of
Directors on the day Its:
of , 1997.
• 7
s
IRONDALE YOUTH HOCKEY ASSOCIATION 4111
Pursuant to authorization By:
granted by its Board of
Directors on the day Its:
of , 1997.
RAMSEY COUNTY
Pursuant to authorization
granted by the County By:
Board on the day of
, 1997. Its:
b/j/arena.agr
January 21. 1997
4111
8
JAN 23 '97 21 27 KENNEDY & GRAVEN 1 6'. p,2 •
• - •
- 70 Ply Ceueer• .Kennedy . zoo South Jxchs . •
..
•
Minneapolis MN 3i472
.
( ' (612)337.9300 telephone • '
• V& ra V en l (612)337.9310.fa: •
alma:atrelon acdy-Frercn.00m •
iROBERT C.LONG
Mtumcv at Law
Dina Dial(6121337.9202
• January•23, 1997 1 •
•
•
•
Chuck Whiting ,
• City Administrator • •
City,of Mounds View
2401 Highway 10 . .
Mounds,View, MN 55112-1499 •
•
• RE: legal Opinion on Section 4,04 of the City Charter,Regarding Advisory Elections
• Dear Chncle: • • '
.
• .
• You have asked for a legal opinion'outlining the required procedures•and possible options for
holding a special ar advisory election pursuant to Section 4.04 of the Mounds View City Charter •
("Chattel. and specifically whether a mail ballot procedure may be used for such an election.
• °pinion` .. ' .
Section of the Charter states as follow: •'
• .
• The Council.shall by resolution order a special or advisory election and provide all means
•
for holding it. At least fifteen days prior notice shall be given by the Clerk-Administrator
•
by posting a notice thereof in at least one public place in each election precinct,and by
publishing a notice thereof at least once in the official newspaper of the City stating the •
• time and places for holding such election. Failure to•give such notice shall not invalidate
;such election. .
Three procedural requixarnents of such a special or advisory election are made clear by the " •
specific language of the above-referenced Charter section.
1. The Council must act by resolution to order such an election.and the resolution
shall provide "all means for hoklibig it";
2. There must be at least 15 days prior notice given: and
3. The notice must be posted in at.least one public place in each election precinct
and at least once in the official newspaper of the city stating the time and places
of the election. ; •
•
• R+•G116792
NUL.1S-i1 •
•
1JAN 23 '97 21:28 KENNEDY & GRAVEN P.3
I
Chuck Whiting '
January 23, 1.997 •
•
Page 2
. . •
As part of your request for this opinion, you specifically asked whether the Charter provision ••
allows for a special or advisory election to be conducted by mail ballot. The Charter provision
neither specifically provides for a mail ballot'nor does it specifically prohibit such a mail ballot.
Rather, the Charter provision states that the Council resolution shall "provide all means for •
holding" the special or advisory election. The Charter provision in question is a rather unique .
provision that is not addressed in state statute,and in fact. state statutes do not provide for such
advisory elections. Such an advisory election is only provided for by the authority of the
Charter. Therefore. there is no case law or legislative guidance which we are currently aware
of that would provide direction on the question of whether an advisory election pursuant to the
Charter could be conducted by mail b311ot. .
'
• Since nothing in state statutes,previous case.law,or the Charter itself, would prohibit the use of
a mail ballot for an advisory election,and since the Charter provision itself gives the Council the
authority to by resolution"provide all means for holding" such a special or advisory election,it
is our opinion that the City Council could by•its resolution ordering the advisory election provide
that the election could be conducted by a mail ballot. Such a mail ballot procedure could of
course be in addition to providing for voting at specific election precincts as contemplated in the
Charter provision. Utilizing a mail ballot procedure in an advisory election would be consistent
with current xtatc law which allows in Ramsey County the use of a mail ballot in.elections
conducted by Ramsey County.
Conclusion • •
Based on the general language of Section 4.04 of the Charter which gives the City Council the
III
authority to by resolution "provide all means for holdings' a special or advisory election, and
• based on the fact that neither state law nor the Charter prohibits a mail ballot procedure for.such
an advisory election, it is our opinion that the Mounds View City Council would. have the
authority under Section 4.04 of the Charter to provide for a mail ballot procedure in any special
or advisory election it were to order by resolution.
Sincerely,
•Ro • tC. Long
RCL/cm .
Rr-L226992 '
i sines-11
4110
'JAN 23 '97 21 28 KENNEDY & GRAVEN P.4
• RESOLUTION NO. Sc)Op
) .
•
III CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ORDERING AN ADVISORY ELECTION
PURSUANT TO SECTION 4.04 OF THE MOUNDS VIEW CITY
CHARTER AND PROVIDING FOR ELECTION PROCEDURES
.
WHEREAS, Section 4.04 of the Mounds View City Charter ("Charter") authorizea authorizethe
Mounds View City Council("Council')to order a special or advisory election and to provide all
means for holding such an election; and
WHEREAS,the Council desires to hold an advisory election.pursuant to Section 4.04 of
the Charter to gather input from City voters on the fiiture use of the Bel Trac site; and
WHEREAS, the Council desires to maximize voter participation in such an advisory
election by making voting as convenient as possible; and
•
WHEREAS,consistent with state law which allows voting by mail ballot within Ramsey
County and the Charter which grants the Council the authority to provide all means for holding
• an advisory election, the Council desires to allow voters to have the option of voting by mail
ballot or by ballot made available at The voting precinct;
• NOW, THEREFORE, BE IT RESOLVED, that the Council hereby orders an advisory
election.on The future use of the Bel Rae site pursuant to Section 4.04 of the Chmter: and
BE IT FURTHER RRSOT.VED,that the Council hereby authorizes the balloting procedure
for the advisory election to include both a mail ballot option and voting by ballot available at the
election precinct; and
•
BE IT FURTHER RESOLVE13, that the City Clerk-Administrator is hereby directed to
schedule the advisory election for February , 1997,post a notice of the election at least 15
days prior to the election in the City's election precinct, and publish a notice of the election at
least once in the City's official newspaper stating the date of the advisory election and that voters
will have the option of voting by mail ballot or by ballot matte available at the election precinct;
and
BE IT FURTHER RESOLVED, that the City Clerk-Administrator is authorized and
directed to prepare the ballot for the advisory election,snail ballots to all registered voters within
the City of Mounds View, and take all other necessary steps for holding the advisory election,
including the administration of a polling place at the City's election precinct; and
RQ.116T94
MUi25-GO I
III
JAN 23 '97 21 28 KENNEDY & GRAVEN P.5
BE IT FURTHER RESOLVED, that the election results shall be made available to the
public immediately following the advisory election and presented to the Council at its first
meeting immediately following the advisory election.
Adopted this 27th day of January, 1997.
DuaniMcCarty,Mayor -
i
ATIEST: •
Chuck Whiting, City Clerk-Administrator
•
(SEAL) •
•
•
i •
rict.3167,4 2
IRT19F-60
•