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HomeMy WebLinkAboutAgenda Packets - 1997/06/09 • _`' `; >' '`''' . ' ` '... ••NCIH.:............ YY 11111111111111211111.1111,1111211117-1001101IIIIIIIII1111,11111,22113 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. Ifyou have comments,questions or information regarding an item on the agenda,please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor"item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Mayor to note, Flag Day. • 3. ROLL CALL McCarty Stigney Koopmeiners Trude Quick 4. Agenda Additions Item 1: Item 2: Item 3: 5. APPROVAL OF MINUTES: May 27, 1997 - City Council Meeting COUNCIL ACTION: A T D Comments: • 6. ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Planning Commission Meeting Minutes -April 2, 1997 Planning Commission Special Meeting Minutes-April 2, 1997 Planning Commission Special Meeting Minutes- April 16, 1997 7. SPECIAL ORDER OF BUSINESS: None. 8. CONSENT AGENDA A. Set a public hearing for 7:04 PM on Monday, June 23, 1997 to consider the renewal of the off-sale intoxicating liquor license for Mermaid Supper Club, 2200 Highway 10. B. Set a public hearing for 7:05 PM on Monday, June 23, 1997 to consider the renewal of the off-sale intoxicating liquor license for Network Liquors at 2345 unty Road 112. C. Set a public hearing for 7:06 PM on Monday, June 23, 1997 to consider the renewal of the off-sale intoxicating liquor license for Budget Liquor, 2577 Highway 10. D. Set a public hearing for 7:07 PM on Monday, June 23, 1997 to consider the renewal of-sale intoxicating liquor license for Murzyn Liquor, 2480 Highway. E. Set a public hearing for 7:08 PM on Monday, June 23, 1997 to consider the renewal of the on-sale intoxicating liquor license for Donatelle's, 2400 Highway • 10. F. Set a public hearing for 7:09 PM on Monday, June 23, 1997 to consider the renewal of the on-sale intoxicating liquor license for Roberts's Off 10. 2400 County Road H2. G. Approve Just and Correct Claims Against City Funds. H. Approve Pay Equity Implementation Report and Authorize its submission to the Department of Employee Relations. Staff Report No. 97-2113C I. Adopt Resolution No. 5132, Recognizing Approval of a Conditional Use Permit for an Oversized Garage at 2908 Ardan Avenue. Staff Report No. 97-2114C J. LICENSES FOR APPROVAL: None. 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: None. 11 . COUNCIL BUSINESS: A. Consideration of the City Hall HVAC System. Staff Report No. 97-2115C (Presented by:Mike Ulrich, Director of Public Works) COUNCIL ACTION: A T D Comments: B. Resolution No. 5133, Approving a Redevelopment Contract between the City of Mounds View and V.B. Digs, authorizing the Mayor and City Clerk Administrator to execute the contract on behalf of the city. Staff Report No. 97- 2116C (Presented by: Chuck Whiting, City Administrator and Bob Long, City Attorney) COUNCIL ACTION: A T D • Comments: C. Super Rink Master Agreement -First Amendment Staff Report No. 97-2117C (Presented by: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: D. Resolution No. 5134, on City of Mounds View's Position Regarding a County Jail in Shorview. (Presented by: Chuck Whiting, City Administrator) COUNCIL ACTION: A T D Comments: 12. REPORTS: 1. Report of Councilmembers: Trude: • Koopmeiners: Stigney: Quick: • 2. Report of Mayor McCarty: 3. Report of Clerk Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: JULY 7, 1997 6:00 PM NEXT COUNCIL MEETING: JUNE 23, 1997 7:00 PM ADJOURNMENT: • • Memo • To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: June 9, 1997 City Council Meeting Date: June 6, 1997 Despite the relatively small agenda, a lot is going on. Here's the agenda items: Pledge of Allegiance:Just prior to the Council doing the pledge of allegiance, Mayor McCarty will , note the upcoming Flag Day holiday on June 14 and the recognition of the pledge on that day. Consent Agenda-Items A through F: These items are the simple hearing requirements for liquor license renewals. The ordinance change we did last month eliminated the requirement to send the notices of the hearings out with the renewals. This will be the first time we don't do that and just go with the Council action. Council Business-Item A-City Hall HVAC System: Staff has worked on improving the Noram proposition of last Monday night. Mike's memo outlines some of this. I have been able to talk with a few of you regarding this matter. In addition to myself it appears the immediate sentiment is to simply replace the units that have gone out. While this may appear expedient, upon further review and with the physical changes we would like to do to the office space, I am changing my initial • reaction to instead attempt to better the situation Noram may be able to provide. Mice will be able to go over the details,but the approach I think may be best over the long haul, assuming we can get the right prices, is to have someone like Noram conduct the more thorough review of the building so we know where we may ultimately be going. Mike has asked Noram to strip out some of the added costs of their proposal, and apparently also worked with Bob Long to improve the City's position in an initial understanding with Noram,which Noram has agreed to. This may give the City some cost free work for the time being as we try to best solve the situation and get to the most cost effective solution. Item B - Resolution 5133 Approving VB Digs Agreement: Bob Long has informed me that the agreement with VB Digs is essentially complete and ready for Council action. He is unable to get a fresh copy of the agreement for the packet however. He has told me the agreement is basically the same as the copies the Council has had and he will review to any length the Council desires on Monday evening. Having this aspect of the project behind us is positive. VB Digs' next step is to secure their financing, of which this agreement will be an integral part. The likely concern of a bank will be the collateral of the volleyball facility on city leased land. This may make it difficult for a bank to make the loan to Digs. While realizing this for some time now, I agree with Bob that for now this should be the City's position with Digs and wait until or if Digs cannot get financing because of this provision. The City could then review the situation and decide what to do if anything. Resolution 5133 approves the agreement and authorizes the Mayor and myself to sign the agreement should the Council authorize this Monday evening. • Item C - Super Rink Master Agreement, First Amendment: The MASC has forwarded an amendment to the original master agreement for the quad ice rink project in Blaine. Apparently, after the original agreement was signed, some further architecture work took place which added some cost to the project. The added cost will be paid for through newly dedicated concessions proceeds so there is no added risk to member cities. However, the changes do require the cities to agree to amending the original agreement. Also, there has been some discussion about the size of the locker rooms and this is addressed somewhat in the attached packet. Last week the group cities met to review the matters and generally came away recognizing these are not substantive changes of high concern. Please review and I will clarify the necessary Council actions for Monday night. • Item D - Resolution of Support Regarding the Proposed County Jail in Shoreview: Mayor McCarty attended the meeting in Shoreview last Monday on Commissioner Bennett's interest in including a Shoreview site for consideration of a county jailing facility. The Shoreview City Council expressed their opposition to the proposal and began action to approve a resolution stating their opposition to that proposal. I have contacted the City of Shoreview for a copy of their resolution and am waiting for it. Mayor McCarty has asked to have this item on the agenda and will be asking for the Council to approve a resolution of support for Shoreview, and in general for a suburban viewpoint of this proposition. I will draft a resolution based on the Shoreview resolution for the Council's consideration on Monday evening. In other City business,I should note to the Council that as part of the demolition bidding for the Bel Rae, I forgot to mention last Monday evening where the flooring come out. It appears that attempting to save the flooring for further use or for sale will be cost prohibitive. The tongue and groove fittings of the floor likely will not survive the dismantling of the floor in additional to the added cost and time needed for removal. After discussing this with the construction manager, I thought the best option would be to remove the flooring and keep the best pieces for the City to. decide upon later as to what to do with it. Please let me know if you have questions or other options for consideration. Also on the Bel Rae, work has begun over there on the demolition after the bids came in and were • approved. The Council may recall discussing in addition to a construction manager and an architect, whether we needed a project manager to coordinate and keep track of everything. While I have been concerned about the added cost of such a position,I am becoming more aware of the time and energy needed to stay on top of the details in this thing. I asked WAI to submit to me a proposal for doing that service and what the service would entail. After receiving that, I discussed the matter with Cathy Bennett, feeling that she may be good at much of this provided she had the support of the architect. At this point, we are considering hybrid approach where the architect agrees to being the project manager, but Cathy does most of the on site work, thus saving costs with the architect and developing a skill here in City Hall. No action is necessary yet,but if this turns out to be the preferred option, I will bring something to the Council later for your consideration. I have been attempting to arrange a meeting with Senator Novak, Geri Evans and some us on the MAC situation. Ideally, meeting in St. Cloud during the LMC conference would be best. Novak is going to be the LMC legislator of the year for his work on the right of way legislation, and Evans will come up if a meeting can be put together, and stay for the banquet on Thursday. Novak is out of the state so I won't know what is possible until next week. There's more, but that's it for now. Have a good weekend and see you Monday evening. APPROVED • Ma ,11997 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA Regular Meeting May 12, 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 7:00 p.m.on May 12, 1997. • PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor McCarty,Council members Trude, Quick,Koopmeiners and Stigney ALSO PRESENT: Chuck Whiting,Clerk Administrator Cathy Bennett,EDA Director Bruce Kessel,Finance Director Pam Sheldon, Community Development Director Jim Ericson,Planning Associate Jennifer Bergman,Housing Inspector Bob Long,City Attorney ADDITIONS TO THE AGENDA: There were no additions to the Agenda. SPECIAL ORDER OF BUSINESS: Resolution No.5120,Commendation to Dorothy Peterson: Mayor McCarty presented Ms.Peterson with a plaque,commending her for her valuable dedication and commitment in her 30 years of service to the City of Mounds View. Ms.Peterson took this opportunity to thank the city staff and council who provided the • recognition of her years of service. MOTION/SECOND: Koopmeiners/Trude to approve Resolution No.5120,Commendation to Dorothy Peterson. APPROVED • Page 2 May 12, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried Proclaiming Irondale High School a Silver Medal State VICA Team: Mayor McCarty explained that the Vocational Industrial Clubs of America(VICA)provides training to technical and business training and helps prepare youngsters for careers. He proceeded to read Resolution No.5124,Resolution of Commendation for the 1997 Irondale High School State VICA Conference Silver Metal Team. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No.5124,Resolution of Commendation for the 1997 Irondale High School State VICA Conference Silver Metal Team. VOTE: 5 ayes 0 nays Motion Carried Proclamation of"National Public Works Week": Mike Ulrich,Director of Public Works gave a brief history of National Public Works Week,which acknowledges Public Works Professionals for their service to the community. The Proclamation was read. Mayor McCarty thanked Mr.Ulrich and the other public works employees for their fine service. Announcement of Recognition Award to Jennifer Bergman from New Brighton Crime Free Multi- Housing Program: Ms. Sheldon,Community Development Director,explained that Ms.Bergman was recently presented with an Award,recogni .ing her for dedicated participation in the New Brighton/Mounds • View Apartment Coalition. Mayor McCarty and the Council thanked Ms.Bergman for her efforts in helping landlords provide decent,safe and affordable housing to residents of Mounds View. APPROVAL OF MINUTES: April 28,1997-City Council Meeting: Ms.Trude asked that one correction be made to Page 6,Line 18. The sentence should be changed to read". . .was too intense of a development for the site to provide for storm water run off and adequate parking". MOTION/SECOND: Stigney/Trude to Approve the Minutes of the April 28, 1997 City Council meeting AS AMENDED. VOTE: 5 ayes 0 nays Motion Carried ACCEPTANCE OF ADVISORY COMMISSION MINUTES: There were no Advisory Commission Minutes for consideration. CONSENT AGENDA: Mayor McCarty asked if there were any Council Members wishing to have any items removed from the Consent Agenda. Council member Stigney requested that Item 8(B)be removed. MOTION/SECOND: Trude/Quick to approve the Consent Agenda,AS AMENDED. • VOTE: 5 ayes 0 nays Motion Carried AppRov Page 3 E • May 12, 1997 Mounds View City Council Council member Stigney stated it is his understanding that the purpose of these services are to help resolve personnel issues which were part of a 1996 survey. He feels that many of the issues have been addressed and that it is now just a matter of communication. He would suggest holding off hiring outside Personnel Consultants until such time as the council has conducted all meetings with the department heads. • Mayor McCarty stated he feels that the issues of concern are day to day issues that are not covered by the council work sessions and department head meetings. This was a budgeted expense and he feels it is necessary to get city staff working to the best of their ability and with the most efficiency. MOTION/SECOND: Quickfrrude to approve Item 8(B),Approve Personnel Consultant Services with Leadership of the Twin Cities. William Werner,2765 Sherwood Road,stated he does not feel this is a matter of$4,700.,but rather a matter of philosophy of how a staff is run. Mayor McCarty stated he feels this is a good operational tool to get staff operating to the best of their ability and to the best advantage of the community. VOTE: 3 ayes 2 nays(Stigney/Koopmeiners) Motion Carried RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: Mayor McCarty noted that this is the period of time for residents to address the Council with comments or concerns on items that are not on the Agenda. There were no questions or comments from the public. PUBLIC HEARINGS: Public Hearing and Consideration of Resolution No.5104,Adopting a Comprehensive Plan Amendment from Medium Density Residential to Mixed Use PUD for Commercial Uses on the O'Neil Property,2430 Highway 10. Public Hearing on Ordinance No.598,Approving a Rezoning from B-1 and R-2 Planned Unit Development(PUD),and on Resolution No.5119 Approving a General Concept Plan,to Allow Development of Commercial Uses on the O'Neil Property,2430 Highway 10. Mayor McCarty opened the Public Hearing at 7:43 p.m. Ms.Pam Sheldon,Community Development Director,explained that this Public Hearing was to consider a request from Anthony Properties Management,Inc.for an amendment to the Mounds View Comprehensive Plan, rezoning of the property from B-1 and R-2 to Planned Unit Development,and approval of a General Concept Plan of the proposed development at 2430 Highway 10. Ms. Sheldon noted that the current Comp Plan designation on the property is medium density residential. The request is to change the designation to two mixed use designations-one for higher density and one for lower density. Ordinance No.598 would approve the rezoning of property at 2430 Highway 10 from B-1 and R-2 • to Planned Unit Development(PUD)(Mixed Use)to allow for the development of a 16-screen movie theater, three 11,000 square foot office buildings and two restaurant sites. APPR cRiED Page 4 . May 12, 1997 Mounds View City Council Ms. Sheldon proceeded to summarize the proposed project She noted those items which staff took into consideration when preparing the amendment request as well as how any items of concern were addressed. Ms. Sheldon noted a correction to Page 7 of Resolution No.5104. The third line of Paragraph 3 should be changed to read"Lower intensity uses would include single-family housing(up to three units per acre), and office uses." Attorney Bob Long noted that this Resolution would require a 2/3 vote,therefore it would require approval from at least four of the five council members. Ms. Sheldon noted that changing the Comprehensive Plan does not approve the proposed project However, the project will not be able to move forward at all without the amendment to the Comp.Plan. The Planning Commission voted 6-0 in favor of the Comp Plan Amendment Ms.Sheldon noted that consideration criteria for rezoning includes whether or not the rezoning is consistent with the Comprehensive Plan(this would be if the Council approved the amendment to the Comprehensive Plan),whether or not it fits with the surrounding area,and if there is a demonstrated need for the use. She noted that the developer has met with residents in the neighborhood to try to determine what adjustments needed to be made to the plan to provide the best buffer they could between the development and the existing neighborhood. In regard to the demonstrated need for the use,the applicant provided a market study indicating411, the surrounding theaters in radiuses of 3,5 and seven miles. Ms. Sheldon proceeded to provide a summary of the concerns raised by residents in the discussion of the project These included wetland and wetland buffer,drainage,soils,vegetation and landscaping,traffic,access, parking,market demand,economic benefits,public safety, impact on schools,etc. Ms. Charleen Zimmer,of SRF Consulting Group,was present and discussed the specifics of the traffic analysis they conducted for the proposed development The report they prepared also included estimates of traffic generated by five other land use scenarios for the site. The applicant,the Police Chief and the neighborhood would like to see a full movement intersection at the access point off Highway 10,and SRF and staff would like to proceed working with MNDOT on this issue,but would like to get Council's feelings on the project before pursuing this. Council member Trude wondered if the applicant would be open to sharing the costs of putting in a controlled intersection to help defray the costs. Ms.Sheldon stated this would need to discussed with the applicant Council member Stigney stated he would be uncomfortable going ahead on the project without the controlled intersection. Other options were discussed for the intersection in the event that MNDOT would not approve control signals. Council member Trude noted that the Community Center could significantly affect the traffic in the area,especially at times of Volleyball tournaments,etc. Discussion also followed in regard to the possible need for emergency vehicle controls at the intersection. Council member Stigney asked if any thought has been given to under grounding the overhead power lines during the redevelopment of the area. Ms. Sheldon stated if overhead power lines are on the proposed site, they would need to underground them. If they are in the public right of way,it may be necessary for the city to • examine whether some type of cooperative project could be done in conjunction with this. This could be something that TIF funds could be used for. Page 5 APPROVED • May 12, 1997 Mounds View City Council Wendell Smith,Real Estate Consultant and Representative for Anthony Properties,presented diagrams of the proposed development,showing the progression that had been made since their first proposal. The changes were largely based on input from the surrounding neighborhood after a number of neighborhood meetings. He provided information on the types of buffering that would be used,the style of the proposed office buildings, etc. He noted that the office buildings would be of a residential type with residential rooflines and windows to provide a nice transition from the residential area to the commercial. Mr. Smith noted that the office project has not been marketed yet,and that the marketing will dictate the timing of the completion. The proposed offices are of the type that many desire and he does not feel there will be any problems developing them within the next two years. Fifty percent of the buildings will need to be pre-leased before they are able to obtain financing. The developer has already begun preliminary marketing for the restaurant sites,however they do not have the re-zoning approved. Once approval has been granted for the re-zoning,they will work actively to lease the restaurant space. David Jahnke,8428 Eastwood Road,stated if the rezoning of the property does not get approved,another developer could come in and comply with the existing zoning and the city would not have much to say about what is developed on the site. He noted that the developers have been receptive to input from neighboring . residents and have made changes based on that input. He feels the council needs to seriously consider the proposal,or be faced with alternatives that may not be favorable. Tom Emstor,2504 County Road H2,explained that the developer has worked with the people who will be most affected and offered them the option for a buy-out. He,as a resident,would like to see controls put in at the Highway 10 intersection and offered to provide support on behalf of the city to MNDOT for this proposal. Resident,2683 Lake Court Circle,stated he is opposed to the development,primarily because of the increase in traffic. He is also concerned about the article printed in last week's paper which indicated that the property is being developed. He feels many people did not attend the Public Hearing as they understood that the project had already been approved. Joe Beaten,representing Mrs.O'Neil,explained that under the existing zoning,a developer could construct a approximately 45 townhouse units or duplexes on the proposed office building site. This would create considerably more traffic than the proposed development. Russell Nordstrom,2536 W.County Road H-2,stated he has been working with the developers to get a favorable development across from his property. He feels the proposed office buildings will provide a nice transition from residential to business. He would also like to see a signal light at the Highway 10 intersection. He noted that the developers have been good about working with the residents to get their input and all of this has contributed toward changing his opinion of the project. He no longer is opposed. With no further input,Mayor McCarty closed the Public Hearing at 10:15 p.m. Consideration of Resolution No.5104,Adopting a Comprehensive Plan Amendment from Medium Density Residential to Mixed Use PUD for Commercial Uses on the O'Neil Property,2430 Highway 10. • (Note change to language in Resolution No.5104,as noted previously.) age Ma P 61997 APPROVED y 12, Mounds View City Council MOTION/SECOND: Quick/Koopmeiners to Approve Resolution No.5104,Adopting a Comprehensive Plan Amendment from Medium Density Residential to Mixed Use PUD for Commercial Uses on the O'Neil Property,2430 Highway 10. ROLL CALL VOTE: Mayor McCarty aye Council member Koopmeiners aye Council member Trude aye Council member Stigney aye Council member Quick aye Motion Carried(5-0) COUNCIL BUSINESS: A. Consideration of Resolution No.5119,Approving a General Concept Plan for the O'Neil Property to Allow Development of Commercial Uses,2430 Highway 10. Ms. Sheldon noted that this Resolution will indicate the Council's approval of the general layout of the • development This resolution will also approve the stipulations in Exhibit 1. She asked that the following changes be made to Resolution No.5119. The final paragraph should be changed to read as follows: NOW THEREFORE,BE IT RESOLVED that the Mounds View City Council does hereby approve the general concept plan for the O'Neil Property prepared by HLM Architects and dated 2/7/97,subject to the stipulations contained in Exhibit 1,and to the requirement that approval be obtained for a development stage plan and final plan as provided in Section 1120.04,Subd.3 and Subd.4 of the Mounds View Municipal Code, and with the following corrections to the general concept plan diagram 1. make ParcelsA and B as restaurant sites; 2. remove the driveways of the North and South end of the site on Highway 10; 3. mark the driveway at the center as right in/right out,and 4. remove the reference to the pedestrian bridge. Mayor McCarty asked that Page 4 of Exhibit 1 of Resolution 5119 be changed as follows: 11. Wetland;Wetland Buffer Area The wetland on the O'Neil Property is protected by the Minnesota Department of Natural Resources(#171W) and by the City of Mounds View Wetland Zoning District MOTION/SECOND: Koopmeiners/Quick to Approve Resolution No.5119,Approving a General Concept • Plan for the O'Neil Property to Allow Development of Commercial Uses,2430 Highway 10,AS AMENDED. 1 ApPR 0 Page 7 v • May 12, 1997 Mounds View City Council ROLL CALL VOTE: Mayor McCarty aye Council member Koopmeiners aye Council member Stigney aye Council member Quick aye Council member Trude aye Motion Carried(5-0) B. Introduction and First Reading of Ordinance No.598,Approving a Rezoning from B-1 and R-2 to Planned Unit Development(PUD)for Commercial Uses on the O'Neil Property,2430 Highway 10. Ms.Sheldon explained that this ordinance will approve the change on the map from R-2 and B-1 to PUD. MOTION/SECOND: Koopmeiners/Trude to Approve the Introduction of Ordinance No.598,Approving a Rezoning from B-1 and R-2 to Planned Unit Development(PUD)for Commercial Uses on the O'Neil Property,2430 Highway 10,and to waive the reading. • ROLL CALL VOTE: Mayor McCarty aye Council member Quick aye Council member Stigney aye Council member Trude aye Council member Koopmeiners. aye Motion Carried(5-0) Mr.Smith asked if the Council would be willing to pass a resolution authorizing staff to work with the developer and MNDOT to start the necessary process in obtaining a signalized intersection on Highway 10. Mayor McCarty stated he would like to explore some ideas with the Public Works Director and the Council, but noted that they would attempt to get this on the agenda for the next work session. PUBLIC HEARINGS: Public Hearing on Ordinance No.601,Relating to Intoxicating Liquor Licenses,Amending Title 500, Chapter 502,Subd.502.8 of the Mounds View Municipal Code. Mayor McCarty opened the Public Hearing at 11:10 p.m. Mr.Long,City Attorney,explained that this eliminate the 10-day public notice now required for public hearings on intoxicating liquor licenses. Mayor McCarty closed the Public Hearing at 11:12 p.m. • COUNCIL BUSINESS: Page 8 APPROVED • May 12, 1997 Mounds View City Council C. Second Reading and Adoption of Ordinance No.601,Relating to Intoxicating Liquor Licenses, Amending Title 500,Chapter 502,Subd.502.8 of the Mounds View Municipal Code. MOTION/SECOND: Trude/Quick to Approve the Adoption of Ordinance No.601,Relating to Intoxicating Liquor Licenses,Amending Title 500,Chapter 502,Subd.502.8 of the Mounds View Municipal Code,and to waive the reading. ROLL CALL VOTE: Mayor McCarty aye Council member Trude aye Council member Koopmeiners aye Council member Stigney aye Council member Quick aye Motion Carried(5-0) D. Second Reading and Adoption of Ordinance No.600,Amending the Assessment Policy. Mr.Ulrich explained that the primary amendment is to the service water management assessment whereby unit costs have been established with maximum limits for service water assessments. A minor revision was also made to the industrial/commercial corner lot for street assessment. He noted that the following corrections should be made to the ordinance: page 2,item(h),line 10 -remove($400.00 per lot), Line 15-remove($1,200 per acre)and insert...unit cost of$1,200.00 per acre. Page 3,line 1 -change to read"multiplied by the unit cost(remove$1,200.00 per acre),insert to a maximum amount... MOTION/SECOND: Trude/Koopmeiners to approve the adoption of Ordinance No.600,Amending the Assessment Policy,and to waive the reading. ROLL CALL VOTE: Mayor McCarty aye Council member Quick aye Council member Stigney aye Council member Koopmeiners aye Council member Trude aye Motion Carried(5-0) E. Consideration of Resolution No.518,Approving County Road Turn back(Spring Lake Road). Mr.Ulrich explained that this Resolution would establish the jurisdictional change of Spring Lake Road from Ramsey County to the City of Mounds View. Included in the turn back program is the reimbursement of funds from the County for the reconstruction of the driving lanes,amounting to$580,000. MOTION/SECOND: Quick/Stigney to Approve Resolution No.5118,Approving County Road Turn back • (Spring Lake Road). } APPROVED Page • May 12, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried F. Consideration of Resolution No.5121,Directing Staff to Proceed on Bel Rae Construction Contract Specifications and Bid Letting of Spending Authorization. Mr.Long explained that this resolution will give staff authority to proceed with getting the contract specifications ready,and authorize the expenditure of TIF funds. MOTION/SECOND: Trude/Koopmeiners to Approve Resolution No. 5121,Directing Staff to Proceed on Bel Rae Construction Contract Specifications and Bid Letting of Spending Authorization. VOTE: 5 ayes 0 nays Motion Carried G. Approval of Resolution No.5122,Children's Home Society Lease Agreement. Mr.Whiting explained that this resolution would approve a lease agreement between the City of Mounds View and the Children's Home Society. He noted that their Board will not be meeting to consider this item until later this month,however it will need to be executed prior to the awarding the bid and therefore,council approval is necessary at this time. • MOTION/SECOND: Quick/Trude to Approve Resolution No.5122,Children's Home Society Lease Agreement. VOTE: 5 ayes 0 nays Motion Carried H. Approval of Resolution No.5123,Construction Manager Agreement for the Bel Rae Project. Mr.Long explained that the city would be utilizing a Construction Manager to oversee the construction work at the Bel Rae. This is a standard construction management agreement form. This resolution would give the Mayor and the Clerk Administrator the authority to execute the agreement with Flannery Construction at a rate of 3%. MOTION/SECOND: Quick/Stigney to approve Resolution No.5123,Construction Manager Agreement for the Bel Rae Project VOTE: 5 ayes 0 nays Motion Carried REPORTS: Report of Council members: Trude: No report. Koopmeiners: No report. • Stigney: No report Quick: No report. ' v APPRO'JEU Page10 May 12, 1997 • Mounds View City Council Report of Mayor Morar y Mayor McCarty noted that DARE posters at City Hall were designed by Pinewood Elementary School students. The students will be graduating from the DARE Program on May 22, 1997. MOTION/SECOND: McCarty/Trude to Approve a Resolution of Congratulations to the DARE Class of 1997 at Pinewood Elementary School and Officer Tim Brennen. VOTE: 5 ayes 0 nays Motion Carried Report of Jerk Adm'niatrv...» Mr.Whiting agreement with the School District and expects to have those worked out soohe is working out n details on the lease RenortT of ct No report Reportof Attorney. No report. Mayor McCarty noted that the next Council Work Session will be held on June 2. 1997 at 6:00 p.m. The next Council Meeting is on May 28, 1997 at 7:00 p.m. • Mayor McCarty adjourned the meeting at 11:28 p.m. Respectfully submitted, Tamara D.Saeflce Recording Secretary • Page 1 • May 29 1997 UNAPPROVED Mounds View City Council 1 2 3 4 5 6 7 PROCEEDINGS OF THE CITY COUNCIL 8 CITY OF MOUNDS VIEW 9 RAMSEY COUNTY,MINNESOTA 10 11 Regular Meeting 12 May 27, 1997 13 Mounds View City Hall 14 2401 Hwy. 10,Mounds View,MN 55112 15 ********************************************************************************** 16 17 CALL TO ORDER 18 19 The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m.on May 27, 1997. . 20 21 PLEDGE OF ALLEGIANCE 22 23 ROLL CALL 24 25 MEMBERS PRESENT: Mayor McCarty,Council members Trude, 26 Quick,Koopmeiners and Stigney 27 28 ALSO PRESENT: Chuck Whiting,Clerk Administrator 29 Pam Sheldon, Community Development Director 30 Jim Ericson,Planning Associate 31 Bob Long,City Attorney 32 33 ADDITIONS TO THE AGENDA: 34 35 Mr.Whiting asked that one item be added to the Agenda under Council Business(11)(E)Discussion regarding 36 Demolition Bidding for the Bel Rae project. 37 38 APPROVAL OF MINUTE : 39 40 May 12,1997-City Council Meeting: 41 42 MOTION/SECOND:Koopmeiners/Trude to Approve the Minutes of the May 12, 1997 City Council meeting 43 as presented. 44 45 VOTE: 5 ayes 0 nays Motion Carried . 46 47 ACCEPTANCE OF ADVISORY COMMISSION MINUTES: 48 UNAPPROVED Page 2 • May 29, 1997 Mounds View City Council 1 Festival Committee Meeting Minutes-April 22,1997 2 Cable Committee Meeting Minutes-April 10,1997 3 4 MOTION/SECOND: Quick/Stigney to accept the Advisory Commission Minutes as presented. 5 6 VOTE: 5 ayes 0 nays Motion Carried 7 8 SPECIAL ORDER OF BUSINESS: 9 10 A. Resolution No.5125,Resolution of Commendation for Patricia Michna,Volunteer to the City. 11 12 Mayor McCarty read Resolution No.5125,recognizing Patricia Michna for her volunteer efforts and valuable 13 contribution to the City of Mounds View. 14 15 MOTION/SECOND: Trude/Stigney to approve Resolution No.5125,Resolution of Commendation for 16 Patricia Michna,Volunteer to the City. 17 18 VOTE: 5 ayes 0 nays Motion Carried 19 20 Mayor McCarty presented Ms.Michna with a plaque and thanked her for her contributions. • 21 22 B. Resolution No.5126, Resolution of Commendation for Edward Letendre,Volunteer to the City. 23 24 Mayor McCarty read Resolution No.5126,recognizing Edward Letendre for his dedicated service to the City 25 of Mounds View and his fine contributions to the community. 26 27 MOTION/SECOND: Koopmeiners/Trude to approve Resolution No.5126,Resolution of Commendation for 28 Edward Letendre,Volunteer to the City. 29 30 VOTE: 5 ayes 0 nays Motion Carried- 31 32 Mayor McCarty presented Mr.Letendre with a plaque and extended the Council's appreciation of his service. 33 34 C. Resolution No.5129,Resolution of Appreciation for the University of Minnesota Design Center for 35 American Urban Landscape. 36 37 Ms.Trude read Resolution No.5129,recognizing the efforts put forth by the University of Minnesota Design 38 Center on the ring road concept for the community. 39 40 MOTION/SECOND: Quick/Koopmeiners to Approve Resolution No.5129,Resolution of Appreciation for 41 the University of Minnesota Design Center for American Urban Landscape. 42 43 VOTE: 5 ayes 0 nays Motion Carried 44 45 Mayor McCarty took this opportunity to also recognize Pam Sheldon and Cathy Bennett for their contributions 46 with regard to this matter. • 47 48 D. Proclamation Declaring June 5,1997 Western Bank Day. UNAPPROVED • Page 3 May 29, 1997 Mounds View City Council 1 Mayor McCarty read this proclamation, declaring Western Bank as Business of the Year by the New 2 Brighton/Mounds View Chamber of Commerce. He,on behalf of the city and Council,extended 3 congratulations to Western Bank. 4 5 CONSENT AGENDA: 6 7 Mr.Whiting read the Consent Agenda as follows: 8 9 A. Set a Public Hearing for 7:05 p.m.on Monday,June 23, 1997 to consider a conditional use permit for an 10 oversized garage at 2908 Ardan Avenue. 11 12 B. Set a Public Hearing for 7:10 p.m.on Monday,June 23, 1997,to consider a conditional use permit for an 13 oversized garage at 7150 Knollwood Drive. 14 15 C. Set a Public Hearing for 7:15 p.m.on Monday,June 23, 1997 to consider a conditional use permit for an 16 oversized garage at 7765 Spring Lake Road. 17 18 D. Set a Public Hearing for 7:20 p.m.on Monday,June 23, 1997 to consider a conditional use permit for 19 outdoor sale of produce at Mounds View Square Shopping Center,2535-2585 Highway 10. 20 21 E. Approve Just and Correct Claims Against City Funds. 22 23 F. Approve Set Adjustments for Tim Pittman,Public Works Foreman,and Patrick Toth,Cable TV 24 Technician/Producer. 25 26 G. Update on Costs Associated with Airport Issues. 27 28 FL LICENSES FOR APPROVAL: 29 30 HVAC-Expires 6/30/97 31 Care Air Conditioning and Heating-Renewal 32 33 ASPHALT-Expires 6/30/97 34 Superior Paving Co.,Inc.-New 35 36 GENERAL(Commercial)-Expires 6/30/97 37 Home Ala Carte-New 3 8 Tri-G Service,Inc.-New 39 40 MOTION/SECOND: Trude/Quick to approve the Consent Agenda as presented. 41 42 VOTE: 5 ayes 0 nays Motion Carried 43 44 RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: 45 • 46 Mayor McCarty noted that this is the period of time for residents to address the Council with comments or 47 concerns on items that are not on the Agenda. 48 UNAPPROVED Page 4 • May 29, 1997 Mounds View City Council 1 Chad Harris,2085 Terrace Drive,stated he purchased his Mounds View home on January 6, 1997. The 2 property was inspected on December 27, 1996 by City Inspector Rick Jarson. After having a number of 3 problems with moisture build-up on his roof and leaks,he has been told by various contractors that his roof is 4 not up to code. He has talked with Mr.Jarson in regard to these problems. Mr.Harris stated he would like 5 an official response from the city as to when he can expect this problem to be resolved. He noted that he 6 spoke with the League of MN Cities Representative,Bob Weisbrode,who is doing some research to see if the 7 city is liable. 8 9 In response to Mr.Harris'comments,Attorney Bob Long explained that there is a statute on the books which 10 holds cities harmless on inspections,due to the fact that inspectors are not always able to spot 11 problems at the time of inspections. He talked with Mr.Fred Drive from the State Department Building Code 12 and Rick Jarson is currently in the process of preparing a corrective letter to the previous owners,based on his 13 re-inspection on May 14, 1997,where he will outline the areas on non-compliance. The corrective order will 14 give the previous owners 30 days to bring the property into compliance or he will be in violation of the code, 15 which is a misdemeanor offense. The city will keep Mr.Harris informed as to the status. 16 17 PUBLIC HEARINGS: 18 19 There were no Public Hearings scheduled for this meeting. 20 21 couNc>z.BUSINESS: 22 23 A. Consideration of Resolution No.5127,Approving a General Concept Plan to Allow Development of 24 Commercial and Residential Uses at 2704-2740 Highway 10 and 7801 Silver Lake Road. 25 26 B. Consideration of Ordinance No.599,an ordinance approving a rezoning from B-2 to Planned Unit 27 Development (PUD)for mixed uses for property located southeast of Highway 10/Silver Lake Road 28 intersection(2704-2740 Highway 10 and 7801 Silver Lake Road) 29 30 Ms.Sheldon,Director of Community Development noted that the Pubic Hearings for these requests were held 31 on May 12, 1997 and this will be the second reading on Ordinance No.599. She explained that the owners, 32 D.W.Jones,Inc. and Five D Limited,are asking for approval of a rezoning of property from B-2 to PUD for 33 both commercial and residential uses. The type of uses which are included in their proposal are a gas 34 station/convenience market,fast-food restaurant,carwash,sit-down style restaurant,83 unit senior housing 35 complex and one-story office building. She noted that if the City Council agrees with the general concept plan 36 and layout,they should approve Resolution No.5127 and then consider the Ordinance change. 37 38 Ms.Sheldon went through the issues which were outstanding at the time of the council's last meeting in regard 39 to the general concept plan. She explained what the developers have done to satisfy the concerns raised at the 40 last meeting on issues related to the wetlands,traffic,drainage system,underground parking,and the site design 41 and design theme along Highway 10. 42 43 Ms.Sheldon noted that all of the uses which have been proposed for the site do fit within the city's 44 comprehensive plan and the marketing study that was done. However,in order to allow for this proposed 45 development,rezoning of the property is required. 46 •47 Ms.Sheldon explained that the Urban Designer that they worked with provided some suggestions in regard to 48 how to pull the site together and provide a better layout. She provided diagrams of the UNAPPROVED • Page 5 May 29, 1997 Mounds View City Council 1 layout,which provided gentler curves on the service drive. One option could include a reduction in the square 2 footage of one of the office buildings from 5,000 square feet to 4,000 square feet. 3 4 Mayor McCarty stated rather than reducing the square footage,which also reduces the value of the property 5 and ultimately the amount of tax dollars collected,he wondered if it would be possible to consider a reduction 6 in parking spaces on an interim basis,until such time as increasing it is deemed necessary. By doing so,the 7 city could maintain a higher market value of the property. 8 9 Ms. Sheldon noted that the type of use for the office building would certainly dictate the parking required. 10 She believes a parking variance could be requested at the time of development to adjust the parking spaces. 11 One option would be to leave the square footage of the office building at 5,000 and note that the parking 12 requirements would be determined at the time of development. 13 14 Mayor McCarty suggested that the square footage on the Parcel 3 office building be changed back to 5,000 15 square feet so that the city can maintain the option until the parking issue has been resolved. 16 17 Ms. Sheldon noted that the applicant has also requested that the restaurant site also include offices as a use, 18 which has been included 19 20 Mr.Mike Black of Royal Oaks Realty provided the City Council and staff with a packet of information, • 21 including an illustration showing the existing parcels and the proposed buildings on the site. He stated he 22 thinks their development will improve the image of the city and requests the council's consideration of the 23 general concept plan of their proposed development. 24 25 Council member Trude asked why they feel it is necessary to put a gas station,fast foot restaurant,convenience 26 store,etc.together. 27 28 Mr.Black stated this is where the market is driving them. It basically is geared toward one-stop shopping. 29 30 MOTION/SECOND: McCarty/Quick to approve Resolution No.5127, A Resolution Approving a General 31 Concept Plan to Allow Development of Commercial and Residential Uses at 2704-2740 Highway 10 and 7801 32 Silver Lake Road AS AMENDED. 33 34 VOTE: 5 ayes 0 nays Motion Carried 35 36 Ms. Sheldon noted that she had distributed a revised version of Ordinance No.599,which contained the same 37 language but dropped all of the findings. Attorney Long stated the findings will be included as part of the 38 record,however they are not required to be a part of the ordinance. 39 40 MOTION/SECOND: McCarty/Quick to waive the reading and approve the adoption of Ordinance 599,An 41 Ordinance Approving a Rezoning from B-21 to Planned Unit Development(PUD)for Mixed Uses for 42 Property Located Southeast of Highway 10/Silver Lake Road Intersection(2704-2740 Highway 10 and 7801 43 Silver Lake Road). 44 45 ROLL CALL VOTE: • 46 47 Mayor McCarty aye 48 Council member Trude aye UNAPPROVED Page 6 May 29, 1997 Mounds View City Council 1 Council member Koopmeiners aye 2 Council member Stigney aye 3 Council member Quick aye 4 5 Motion Carried(5-0) 6 7 C. Consideration of Ordinance No.598,an Ordinance Approving a Re-zoning from B-1 and R-2 to 8 Planned Unit Development(PUD)for Commercial Uses on the O'Neil Property,2430 Highway 10. 9 10 Ms. Sheldon noted that a shortened version of Ordinance No.598 had been prepared and distributed to the 11 Council. The approval of this ordinance would change the zoning of the O'Neil property from B-1 and R-2 12 to Planned Unit Development. This ordinance was introduced at the May 12, 1997 meeting. 13 Ms. Sheldon provided a brief update on the ring road proposal and the city's desire to get the intersection 14 signalized. 15 16 MOTION/SECOND: Koopmeiners/Trude to waive the reading and approve the adoption of Ordinance No. 17 598,An Ordinance Approving a Re-zoning from B-1 and R-2 to Planned Unit Development(PUD)for 18 Commercial Uses on the O'Neil Property,2430 Highway 10. 19 20 ROLL CALL VOTE: 21 22 Mayor McCarty aye 23 Council member Trude aye 24 Council member Koopmeiners aye 25 Council member Stigney aye 26 Council member Quick aye 27 28 Motion Carried(5-0) 29 30 D. Council Authorization of Disposition of Surplus Property. 31 32 Mr.Whiting explained that he had drafted a proposal of a policy for disposing of surplus property. The policy 33 does not require Council approval,however the Council needs to approve the property up for disposal. He 34 referred to the memo from Mary Saarion,dated May 21, 1997 which was included in the agenda packet. 35 36 Mayor McCarty noted that the list of surplus property from the Bel Rae included a large restaurant size 37 stainless steel meat slicer and a stainless steel lettuce slicer. He felt these items should be retained in the 38 event that they can be used in the kitchen at the Bel Rae. 39 40 Council member Stigney asked about the condition of the tables and why the city would dispose of them. 41 Mr.Whiting noted that they are very heavy and in dis-repair. Council member Trude noted that the tables are 42 used at the city's festival and wondered if the Festival Committee should be consulted prior to disposing of 43 them. Perhaps they have an idea as to the number they use and the city could salvage the best ones. She also 44 suggested that some of the ashtrays,etc.be sold at the Festival as Bel Rae memorabilia. 45 46 MOTION/SECOND: Koopmeiners/Trude to Authorize the Disposition of Surplus Property AS AMENDED • 47 (EXCLUDING the meat slicer and the lettuce slicer)and to authorize the staff to consider selling some of the 48 smaller Bel Rae items as fund raisers for the festival. UNAPPROVED Page 7 • May 29, 1997 Mounds View City Council 1 Council member Stigney asked if the city would want to salvage the electronic coat rack to be used during 2 dances,etc.at the Bel Rae. It was noted that the area where the coat rack is currently located will be converted 3 into a day care room and the council asked Mr.Whiting to look into the feasibility of salvaging the rack for 4 another location. 5 6 E. Discussion on the Demolition Bidding at the Bel Rae. 7 8 Mr.Whiting noted that the city accepted bids on a portion of the demolition work at the Bel Rae. He spoke 9 with the Construction Manager who indicated that he received three bids,none of which he feels are 10 satisfactory. They range in price from$29,000 to$159,000. He would like to extend the bidding period a 11 few more days. 12 13 Attorney Long explained that the city would need to officially reject all bids rather than extend the bid period 14 and then solicit new bids. 15 16 MOTION/SECOND: Quick/Trude to reject all bids submitted for demolition work at the Bel Rae property. 17 18 VOTE: 5 ayes 0 nays Motion Carried 19 20 MOTION/SECOND: Trude/Koopmeiners to authorize staff to proceed with the solicitation of bids for • 21 demolition work at the Bel Rae and to authorize the Mayor and Clerk Administrator to accept and enter into a 22 contract with the lowest responsible bidder so that demolition work can proceed. 23 24 VOTE: 5 ayes 0 nays Motion Carried 25 26 Mr.Whiting noted that the City of Mounds View has been authorized to receive a grant from the Minnesota 27 Department of Children,Families&Learning in an amount not to exceed$375,000 to be used for youth 28 organized construction at the Bel Rae. He thanked Mary Saarion for her efforts in the application process. 29 30 Mayor McCarty recommended that the City Council prepare a Letter of Accommodation for Mary Saarion for 31 all her hard work. 32 33 MOTION/SECOND: Koopmeiners/Trude to prepare a Letter of Accommodation to Mary Saarion for her 34 efforts. 35 36 VOTE: 5 ayes 0 nays Motion Carried 37 38 REPORTS: 39 40 Report of Council members: 41 42 Trude: No report. 43 44 Koopmeiners: No report 45 46 Stigney: No report. • 47 48 Quick: No report uNAppR ovED Page 8 • May 29, 1997 Mounds View City Council 1 Report of Mayor McCarty: Mayor McCarty noted he represented the City Council at the DARE Graduation 2 ceremony at Pinewood Elementary School. He extended congratulations to the 143 5th graders who graduated 3 and appreciation to Officer Tim Brennan and the Mounds View Policy Department. 4 5 MOTION/SECOND: McCarty/Trude to Approve a Resolution of Congratulations to the DARE Class of 1997 6 at Pinewood Elementary School and Officer Tim Brennen. 7 8 VOTE: 5 ayes 0 nays Motion Carried 9 10 11 Report of Clerk Administrator No report. 12 13 Report of Staff: No report. 14 15 Report of Attorney: Mr.Long gave a brief update on the status of the Anoka County Airport. 16 17 Mayor McCarty noted that the next Council Work Session will be held on June 2. 1997 at 6:00 p.m. The next 18 Council Meeting is on June 9, 1997 at 7:00 p.m. 19 20 Mayor McCarty adjourned the meeting at 9:10 p.m. 21 22 Respectfully submitted, 23 24 Tamara D. Saeflce 25 Recording Secretary 26 27 28 29 30 31 32 33 34 35 36 • 1 . CITY OF MOUNDS VIEW • COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City Council of Mounds View, pursuant to Minnesota Statutes 412.241, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 55726 through 55813 in the amount of$ 117,869.38 55009 through 55013 in the amount of$ 1,365.80 through in the amount of$ through in the amount of$ • TOTAL AMOUNT OF CLAIMS PRESENTED $ 119,235.18 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 06/10/97 by the vote ayes nayes Mayor Clerk-Administrator • PAGE 1 ACCOUNTS PAYABLE CHECK REGISTER AP-C10-01 MOUNDS VIEW VENDOR ^ CHECK CHECK INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT 51203 HALL, CHARLES AND CEC* 55726 06/10/97 06/10/97 7325.00 VENDOR TOTAL 7325.00 /1107 LARGEN, LAURA 55727 06/10/97 06/10/97 30.50 VENDOR TOTAL 30.50 76100 HENDRICKS, TONY 55728 06/10/97 06/10/97 100.00 VENDOR TOTAL 100.00 76101 JEWELL, PENNY 55729 06/10/97 06/10/97 30.00 VENDOR TOTAL 30.00 76102 MARESH, BARB 55730 06/10/97 06/10/97 90.00 VENDOR TOTAL 90.00 76103 OBERG, KIMBERLY 55731 06/10/97 06/10/97 28.00 VENDOR TOTAL 28.00 76104 000AHL, BRIAN 55732 06/10/97 06/10/97 25.00 VENDOR TOTAL 25.00 76105 CANNING, BEN 55733 06y10/97 06/10/97 25.00 VENDOR TOTAL 25.00 A0285 AT&T 55734 06/10y97 05/18/97 3.26 VENDOR TOTAL 3.26 ACTION PRESS, INC. 55735 06/10/97 2538 05/20/97 1282.95 ��N� VENDOR TOTAL 1282.95 44685 ALPHA VIDEO AND AUDIO 55736 06/10/97 163236-00 05/28/97 1382.66 VENDOR TOTAL 1382.66 A5123 AMERICAN OFFICE PRODU* 55737 06y10/97 309113 05/16/97 39.25 55737 06/10/97 308812 05/09/97 130. 19 VENDOR TOTAL 169.44 A5260 ANCHOR PAPER CO. 55738 06/10/97 100920301 05/16/97 131 .53 VENDOR TOTAL 131 .53 A7491 ASSOCIATES COMMERCIAL* 55739 06/10/97 06/10/97 1693.82 VENDOR TOTAL 1693.82 B0060 BFI TIRE RECYCLERS OF* 55740 06/10/97 S 60023 05/19/97 25.32 VENDOR TOTAL 25.32 B0401 BACKYARD BUILDING SYS* 55741 06/10/97 97148 05/21/97 1879.73 VENDOR TOTAL 1879.73 80570 BARTON SAND AND GRAVE* 55742 06/10/97 05/15/97 14.72 PAGE 2 ACCOUNTS PAYABLE CHECK REGISTER AP-C10-01 MOUNDS VIEW VENDOR ' CHECK CHECK INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT VENDOR TOTAL 14.72 BAY WEST 55743 06/10/97 15369 05y28/97 1114.85 �� VENDOR TOTAL 1114.85 82000 BIFFS, INC 55744 06/10/97 B1095722 05/31/97 100.52 55744 06/10/97 81095727 05/31/97 90.47 55744 06/10/97 81095723 05/31/97 180.94 55744 04/10/97 81095724 05/31/97 224.20 55744 06y10/97 81095725 05/31/97 90.47 55744 06/10y97 81095726 05/31/97 90.47 55744 06/10/97 81095728 05/31/97 90.47 55744 06/10/97 81095729 05/31/97 90.47 55744 06/10/97 81095730 05/31/97 90.47 55744 06/10/97 81095731 05/31/97 224.20 55744 06y10/97 81095732 05/31/97 90.47 55744 06/10/97 81095733 05y31/97 224.20 VENDOR TOTAL 1587.35 82005 BEISSWENGER'S 55744 06/10/97 293046 05/21/97 130.57 55746 06/10/97 281242 05/07/97 7.86 55746 06/10/97 293134 05/21/97 78.64 55746 06/10y97 292337 05/20/97 21 .88 55/46 06/10/97 291476 05/19/97 2.97 55746 06y10/97 288582 05/16/97 22.76 55746 06/10/97 287894 05/15/97 25.03 55746 06/10y97 286905 05y14/97 24.45 55746 06y10/97 287888 05/15/97 62.69 ��� VENDOR TOTAL 376.85 83200 BOB'S PERSONAL COFFEE* 55748 06/10/97 100026 05/27/97 27.99 VENDOR TOTAL 27.99 86805 BREDEMUS HARDWARE CO.* 55749 06/10/97 102257 05/20/97 63.90 VENDOR TOTAL 63.90 84820 BRENNAN, TIM 55750 06/10/97 06/10/97 23.25 VENDOR TOTAL 23.25 86880 BRIGGS & MORGAN 55751 06/10/97 05/13/97 1887. 11 VENDOR TOTAL 1887. 11 87020 BROCK WHITE COMPANY , * 55752 06y10/97 95365901 05/22y97 25.09 VENDOR TOTAL 25.09 B7180 BUMPER TO BUMPER 55753 06/10/97 D56796 05/14y97 10.01 55753 06/10/97 D56947 05/16/97 19.46 _ 55753 06/10/97 D54884 05/15/97 35.33 55753 06y10/97 D57944 05/28/97 2.53 55753 06y10/97 D57945 05/28/97 10.45 PAGE 3 ACCOUNTS PAYABLE CHECK REGISTER AP-C10-01 MOUNDS VIEW VENDOR ' CHECK CHECK INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT VENDOR TOTAL 77.98 CARLSON TRACTOR g, EOU* 55754 06/10/97 198514 04/21/97 45.00 VENDOR TOTAL i',5.00 C5000 COAST TO COAST 55755 06/10/97 20280 05/15/97086.4/. VENDOR TOTAL 2086.46 C5841 COMMUNITY PARTNERS IN* 55756 06/10/97 05/05/97 1223.20 VENDOR TOTAL 1223.20 C6000 COPY SALES, INC. 55757 06/10/97 13639A 1 05/29/97 6A,.95 55757 06/10/97 13589A 1 05/29/97 311 .47 55757 06/10/97 054438 1 05/16/97 29.79 VENDOR TOTAL 408.21 C4025 COTTENS INC 55758 06/10/97 212752 05/12/97 5.88 VENDOR TOTAL 5.88 C7000 CROSS NURSERIES, INC 55759 06/10/97 497 05/05/97 110.23 VENDOR TOTAL 110.23 C7020 CROWN FENCE & WIRE CO* 55760 06/10/97 6097 05/08/97 1059.00 VENDOR TOTAL 1059.00 C8100 CUSHMAN MOTOR COMPANY* 55761 06/10/97 08:3.121 05/14/97 77.20 VENDOR TOTAL 77.20 0 D H S - STATE OF MIN* 5576 06/10/97 06/10/97 50.00 VENDOR TOTAL 50.00 D0700 DAV I ES WATER EQU I PMEN* 55763 06/10/97 83608 05/20/97 138.43 VENDOR TOTAL 138.43 D0800 C C DAY COMPANY 55744 06/10/97 062761 05/14/97 58.49 VENDOR TOTAL 58.49 D1910 DECHEINE, LARRY 55765 06/10/97 06/10/97 110.00 VENDOR TOTAL 110.00 D 1985 DEPT OF ADM I N I STRAT I O* 55766 06/10/Q7 O497MO04 : 04/30/Q7 724.30 VENDOR TOTAL 724.20 E4=:75 ELLIOTT AUTO SUPPLY C* 55767 06/10/97 6-068901 05/97/'7 '=x0.05 VENDOR TOTAL 90.05 E4,7,00 ELLISON RECYCLING EOU* 55763 06/10/97 518971 05/18/Q7 36:31 .65 VENDOR TOTAL 36.=:1 .65 E9075 EVERGREEN LAND SERVIC* 55769 06/10/97 6992 05/20/97 56,,00 1111 PAGE 4 ACCOUNTS PAYABLE CHECK REGISTER AP_C10-01 MOUNDS VIEW VENDOR ' CHECK CHECK INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT VENDOR TOTAL 256.00 • FRICKE & SONS SOD, IN* 55770 06/10/97 05/29/97 14.54 VENDOR TOTAL 14.54 F8950 FUEL OIL SERVICE CO. ,* 55771 06/10/97 F9891 05/08/97 54.59 VENDOR TOTAL 54.59 G1250 GARELICK STEEL COMPAN* 55772 06/10/97 13641 05y12/97 26.63 VENDOR TOTAL 26.63 G2400 GILLUND ENTERPRISES 55773 06/10/97 423646 05/29/97 198. 10 VENDOR TOTAL 198. 10 15521 INSIDE CORNER UMPIRES* 55774 06/10/97 05/31/97 2414.00 VENDOR TOTAL 2414.00 K1000 KENNEDY & GRAVEN 55775 06/10/97 05/09/97 5885.55 VENDOR TOTAL 5885.55 K3979 KIDO, JIM 55776 06/10/97 97148 05/21/97 265.00 VENDOR TOTAL 265.00 L3565 LINDER'S GARDEN CENTE* 55777 06/10/97 12349 05/23/97 223. 16 VENDOR TOTAL 223. 16 0LLTG POWER EQUIPMENT 55778 06/10/97 24086 05/07/97 13.84 VENDOR TOTAL 13.84 M0265 M R SIGN 55779 06/10/97 82874 05/15/97 246. 11 55779 06/10/97 82839 05/15/97 75.81 VENDOR TOTAL 321 .92 M0607 MANTHIS, KEN 55780 06/10/97 06/10/97 255. 14 VENDOR TOTAL 255. 14 M0750 MASYS CORPORATION 55781 06/10/97 7279 06/01/97 623.69 VENDOR TOTAL 623.69 M0740 MATCO TOOLS 55782 06/10/97 54424 05/22/97 26.63 VENDOR TOTAL 26.63 M1001 MCI 55783 06/10/97 05/16/97 71 .83 VENDOR TOTAL 71 .83 M2170 METRO. COUNCIL ENVIRO* 55784 06/10/97 51320797 06/01/97 60132.00 VENDOR TOTAL 60132.00 M3444 MIDWEST COCA-COLA BOT* 55785 06/10/97 10029006 06/04y97 191 .50 VENDOR TOTAL 191 .50 PAGE 5 ACCOUNTS PAYABLE CHECK REGISTER AP-C10-01 MOUNDS VIEW VENDOR CHECK CHECK ' INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT •5 MIDWEST PUBLIC GOLF M* 55786 06/10/97 06/10/97 50.00 VENDOR TOTAL 50.00 M2448 MIDWEST SPECIALTY SAL* 55787 06/10/97 8131 05/14/97 53.78 VENDOR TOTAL 53.78 M3818 STATE OF MINNESOTA 55788 06/10/97 209191 06/10/97 30.00 55788 06/10/97 209192 06/10/97 10.00 VENDOR TOTAL 40.00 M3990 MINNESOTA DEPARTMENT * C5789 06/10/97 06/10/97 4019.51 VENDOR TOTAL 4019.51 N1168 NATIONWIDE TRUCK'.:/TRA I* 55790 06/10/97 37177 05/22/97 198.25 VENDOR TOTAL 198. 5 N353t 3 NO. METRO BUS RETN/DE* 55791 06/10/97 05/01/97 32.00 00 VENDOR TOTAL =2.00 N4000 NORTHERN SANITARY SUP* 55792 06/10/97 416619 05/22/97 :381 .75 VENDOR TOTAL 381 .75 N4200 NORTHERN STATES POWER* 55793 06/10/97 06/10/97 1471 .86 VENDOR TOTAL 1471 .86 ill 0 ORKIN EXTERMINATING C* 55795 06/10/97 114844:32 05/14/97 41 .54 VENDOR TOTAL 41 .54 P2100 PERFECT " 10" CAR WASH 55796 .06/10/97 05/31/97 W-..A5 VENDOR TOTAL 26.65 85606 ROADRUNNER TRANSPORTA* 55797 06/10/97 82867 05/15/97 33.45 VENDOR TOTAL 33.45 S05 i 5 ST. CRO I X SCREENPR I NT 55798 06/10/97 19'387 06./04/97 52.8O VENDOR TOTAL 52.80 S0800 SAINT PAUL PIONEER PR* 55799 06/10/97 567978 03/:1/97 590. 1:3 VENDOR TOTAL 590. 13 50900 SALLY DISTRIBUTORS 5500 0A/10/97 344415 05/23/97 479.78 VENDOR TOTAL 479.78 S_2 5 SHORT ELLIOTT & HENDR* 55801 06/10/97 40354 05/27/97 4335. 14 VENDOR TOTAL 4:35. 14 S:3300 SHRED-IT 5580' 06/10/97 9115 05/28/97 45.00 VENDOR TOTAL 45.00 1111 PAGE 6 ACCOUNTS PAYABLE CHECK REGISTER AP-C10-01 MOUNDS VIEW VENDOR ' CHECK: CHECK: INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT 55700 SOLEM''S TREE SERVICE 55803 06/10/97 3003 05/26/97 218. 33 11/0VENDOR TOTAL 218.33 00 SPRING LAKE PARK: LUMB* 55804 06/10/97 173379 05/22/97/97 144.80 55804 06/10/97 173484 05/22/97 39. 19 VENDOR TOTAL 183.99 56350 SRF CONSULTING GROUP,* 55805 06/10/97 2551-5 04/30/97 0/'+7 3t-.39. 33 VENDOR TOTAL 3A39. 74=: S7400 STRE I CHER'S PROF. POL* 55806 06 06/10/97 I N.85518.'2 05/20/97 153.36 VENDOR TOTAL 153.36 T0500 TAPE DISTRIBUTORS OF * 55 807 06/10/97 73016 04/15/97 180.93 VENDOR TOTAL 180.93 U1250 UDOR USA, INC 55808 06/10/97 A1385 05/14/97 45.21 VENDOR TOTAL 45.21 U3000 UNIFORM UNLIMITED 55809 06/10/97 379251 05/19/97 84.39 55109 06/10/97 370331 03/10/97 97.90 55809 06/10/r 7 353923 10/30/96 41 .48 55809 06/10/97 343875 0t, 06 =+t- '/ /': 450,00 55809 06/10/97 360424 12/19/96 4.95 55809 06/10/97 365781 01/31/97 - 29.99 55809 06/10/97 339007 06/18/96 704.99- VENDOR 0 99-VENDOR TOTAL 3.72 00 UNITOG RENTAL SERVICE* 55810 06/10/97 740086101 05/21/97 130. 15 55810 06/10/97 740087062 05/2.3/97 174. 15 VENDOR TOTAL 304.30 W0700 WASTE MANAGEMENT - BL* 55812 06/10/::+7 899-881011 05/23/97 784. 16 VENDOR TOTAL 786. 1A Z1000 ZACK:S INC 55813 06/10/97 16553 05/19/97 47.93 55%. 5L 2. _�._r.1_: 06/10/97 il,_�._�� 05/19/97 82.70 5581 06/10/97 16576 05/23/97 138.2A VENDOR TOTAL 268.:39 GRAND TOTAL 11786r+. - _ IIII PAGE 1 ' AR-Ci0�02 ACCOUNTS PAYABLE PRE-PAID CHECK REG MOUNDS VIEW VENDOR CHECK CHECK INVOICE INVOICE NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT Iiil50 OFFICEMAX CREDIT PLAN 55009 05/28/97 332213 05y28/97 78.81`VENDOR TOTAL 78 81 H0479 HAMLINE UNIVERSITY 55011 05/28/97 05/28/97 538.00 55012 05/28/97 05/28y97 210.99 . 55013 05/28/97 05/28/97 538.00 VENDOR TOTAL 1286.99 GRAND TOTAL 1365. 0 . II . . Item No. 53H Staff Report No. 91- ill Meeting Date: 6-9-97 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 Item Title/Subject: Approve Pay Eq ity Implementation Report and Authorize its Submission to the Department of Employee Relations Date of Report: June 5, 1997 Every three years the City is required to submitted materials in accordance with the Local Government Pay Equity Act. In January 1996, the City submitted salary information based on figures from December 31, 1995. Mounds View did not meet certain requirements, resulting in a non-compliance ruling by the Department of Employee Relations. The City had a grace period to meet the requirements and submitted a new report with salary information as of February 1997 which indicated the City passes the statistical, salary range and exceptional service pay tests. To finalize the procedure, the City Council needs to approve the Pay Equity Report before being sent to DOER. iIt will be several months before the City is formally notified of the compliance results. Recommendation: Motion to approve the Pay Equity Implementation Report and authorize its submission to the Department of Employee Relations. 111 Item No. 8I Staff Report No. y?- Meeting Date: June 9, 1997 11111 Type of Business: Consent Calendar WK:Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Pamela Sheldon, Community Development Director Item Title/Subject: Adopt Resolution No. 5132 recognizing approval of a conditional use permit for an oversized garage at 2908 Ardan Avenue; Planning Case No. 479-97 Date of Report: June 5, 1997 Issue: We have realized that one of our planning cases has exceeded the 60 day limit, and as a result, is deemed approved without being acted upon by City Council. This case is a renewal of a conditional use permit for an oversized garage which has received two previous approvals by both Planning Commission and City Council. The oversized garage is attached to an existing house, and was included as part of the original house design. We apologize for this oversight, which was due to a combination of juggling numerous cases and a very high workload. A brief history is noted below. Because of the nature of this case, we do not regard the"automatic" approval of • this case as significant. As requested by the Mayor, we have prepared a resolution for adoption by City Council recognizing the approval of this case. Background: On March 17, 1997, Anthony Honkomp submitted an application for a conditional use permit for a oversized garage (Planning Case No. 479-97). This request had been approved by the Planning Commission and City Council on two previous occasions (April 5, 1995 and January 22, 1996). Construction of the garage was delayed longer than one year from the most recent date of approval, and therefore Mr. Honkomp applied for reapproval. Planning Case No. 479-97 was reviewed by the Planning Commission on April 16, and recommended for approval on May 7. A notice was sent to property owners within 350 feet of the property for the Planning Commission meeting on April 16. No citizens spoke on this case. The sixty day limit expired on May 16. We should have given written notice to the applicant that the City was extending the 60 day limit for an additional 60 days, as is allowed by the State law. Sending this written notice was overlooked. This case was scheduled to be heard by City Council on June 9, but publication of the notice was missed because of the Memorial Day holiday, and we asked the City Council to set the hearing on June 23. We have now realized that both June 9 and June 23 are beyond the 60 day limit. We have therefore sent a notice to the adjacent property owners that the hearing has been canceled. We felt it would be misleading to send the case to City Council for approval or disapproval, because the case has been approved by virtue of the 60 day rule. Mayor McCarty requested that City of Mounds View Staff Report a June 5, 1997 Page 2 • we prepare a resolution that brings closure to the case, and provides a record of what was approved based on what was requested in the application. Therefore, the attached resolution recognizes the approval, as opposed to approving the case, and includes a description in the resolution and exhibits showing what the applicant requested. All of our other active cases are being monitored to avoid this situation. Recommendation: • Adopt Resolution No. 5132 recognizing approval of a conditional use permit for an oversized garage at 2908 Ardan Avenue;Planning Case No. 479-97 PlyNAtit., � t✓1� — Pamela Sheldon, Community Development Director N:\DATA\USERS\PAMS\SHARE\DEVCASES1479-97\HNKMP-CC.REP • RESOLUTION NO. 5132 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOGNIZING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED GARAGE FOR ANTHONY HONKOMP, 2908 ARDAN AVENUE; PLANNING CASE NO. 479-97 WHEREAS, Anthony Honkomp applied for a conditional use permit to allow an oversized garage at 2908 Ardan Avenue, property zoned R-1, Single Family Residential, legally described as: Except the West 105 Feet of the Following; the West 248.2 Feet of the South 131 Feet of the North 234 Feet of Lot 34,Auditor's Subdivision No. 89 WHEREAS, the Mounds View Zoning Code allows oversized garages larger than 864 square feet but not exceeding 1,264 square feet with a conditional use permit; and WHEREAS, the applicant proposed a 994 square foot attached garage; and • WHEREAS, the proposed building met all applicable setback requirements; and WHEREAS, the Planning Commission has twice before approved CUPs for this garage in Resolution No. 415-95 (approved 4/5/95) and Resolution No. 436-95 (approved 11/29/95); and WHEREAS, the City Council has approved a CUP for this garage in Resolution No. 4878 (approved 1/22/96); and WHEREAS, the applicant applied for reapproval of this CUP on March 17, 1997, because construction of his oversized garage had been delayed beyond the one year time limit for use of conditional use permits; and WHEREAS, this case was not scheduled to be heard by the City Council until June 23, 1997 which was after the expiration of the 60-day limit for a decision, and therefore the case is deemed approved, as is stated in Minnesota State Statutes. NOW THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby recognize approval of Planning Case No. 479-97, granting a conditional use permit for an oversized garage at 2908 Ardan Avenue as shown in Exhibits 1 and 2 to this resolution, which were filed by the applicant as part of his application, and as follows: • Resolution No. 5132 Page 2 1. The garage shall measure no more than 994 square feet, and shall have a height of no more than 23 feet. The garage shall be built as an integral part of the single family home to which it is attached. 2. The garage shall have no more than two double car garage doors and shall be no more than 40 feet in width. 3. Except as otherwise provided in this Resolution, the garage shall meet the requirements of 1106.04 Subd. 6. of the Mounds View Zoning Code. 4. The conditional use permit be recorded with Ramsey County within 60 days of City Council approval, and a receipt of such recording shall be provided to the City of Mounds View. Adopted this 9th day of June, 1997 Duane McCarty, Mayor ATTEST: • Charles S. Whiting, City Clerk-Administrator (SEAL) • i o • N IIW U C I . -. cn cn 69 '0N 'cans 'CnV '4£ 101 JO i • cs I 1 d Z'915-Z 'A\ 3141 30 3N11 •3 =• [` ; 1 W - o - ;MCI M .SC,Ib.00 N ---.. Z I z 00'90 --- I a., W1 IW n I c0 FcC I KC 1 l£L C> Y 43. Z <CC N. f 0 O N Q fn I E co a N I CC n i. 0 I ¢ q I;:' ' Ob TT Cu f') I,. 0'02 c i ' fU +, I c (%) 0'02 ' o . —. o f v u a ri c rn cu is OD a o N �o j • I 0 2 t� u Z / LJ 10'2 c M m C 0'91 o ooi c d O o wZ O a O c p< O G °j © Lt.Y O� 0'4 W W o 0 n cr Z 0'21 c ❑ = c Z 2 0 • I J 109 rx 11. Y a I co @r I WO' ~ ry- - I U 02C n i = 0 I', -02'S I�, OS'S „. Ja Y I t::--S6'1, I:-�-9S•4 ;' LL O - ,TO'I£T 3 .SC,Ib.00 S t 1 0 = V 0 `i, d N rnVI o C W tb`` in I Lu ,• o gip ? � H I O 2 CC I� N m �. E kJ O kW W D 2 -z-.1 a � N. o e O o U" 2 2 J et Jo � p 4.1 ce z O 1.0 LL 0 T V cc • ^ (Ln ` J ti 1u 0. W - J 2 cc W W' 'lc a s W CC e ho ° e � kjOLn W o � o O � \ = o a C e. u • ul `41to• to v 3 2 W o N g to m O = O El Is o o Z Z W k0 - O 0 s•� e ' o e •• � Z U � C3 W 6.1 W cc p 3 O 0;O Cc h e V ¢ O O� x Z o 0o ems `' W ~ � f0: SW �� N. W nkZ � � UW 1-1X e a m e 4ty U W CD n 2 2 2 = H0 r &C W ti CDw Q to- - `o Z1 4 W ° \ Z Or U O • 0Q. V e Z 2 C O W 0 ti o c ¢ ? 3 h s 0 \ ) r-- • rn I rn cr w � cag4 ; 1- v /'I ii Ea 1 / i i 1 H i H i i I co f • . a N M i '. 1 1 I — i j 0 a/ I 1 kdl I I I ►�! IL • • ii a t • I tO ' Y ( � � II i I i I ` _ 1 co LL, II t' 2 \\ I ' I 0 1 t 1 \ 1-1 . ( \ I 1 —— - -,..:a. -_-_• „.1.—...^.\ o a 1 411 ca U W „ Z N Item No. /1/-1- fir Staff Report No. q7-2/LSC., Meeting Date: June 9, 1997 • Type of Business: Council Business WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Discussion of the City Hall HVAC system Date of Report: June 5, 1997 At the June 2, 1997 work session, staff presented Council with the state of the current air conditioning units in City Hall and introduced representatives from NorAm Energy Management.NorAm presented and explained their program and a preliminary estimate for the replacement of the entire HVAC system. While this estimated cost was considerably higher than staff anticipated, it was merely a very conservative preliminary estimated based on a limited study. Since the Monday meeting yet another AC unit has failed. This is the unit that services the main office area of finance, and planning. Fans were purchased to try and move the cool air from other parts of the building into this area. • There are four options of varying efficiencies and improvements available to the City for the HVAC systems. It must be noted that all of these are very rough estimates, not obtained through any type of detailed engineering studies. The first and most economical option would be to replace only the air conditioning units on the roof that have failed, with new units. Time expected to complete this replacement is approximately 2 to 4 weeks. Estimated expense $15,000.00 to $20,000.00 The second option would be to replace all of the air conditioning units on the roof with new units. This would improve the efficiency of the building's cooling capacity for the average three (3) months of required cooling. Staff was informed that replacing these units would take from three (3) to six (6) weeks. The approximate cost for this option could be in a range from $40,000.00 to $60,000.00. The next option would provide replacing the old AC roof top units with dual (heating and cooling) units and removing the boiler system. This option would require additional labor and engineering to remove the heating coils from the duct work. Estimated cost: $80,000.00 to $150,000.00. This option would improve both the efficiencies of the heating and cooling needs in the building. It would provide for less individually controlled offices that are located around the perimeter of the building. • City of Mounds View Staff Report 1„ June 5, 1997 Page 2 The last option is to replace the entire heating and cooling system and install a new HVAC • system. Estimated cost $250,000.00 to $350,000.00. This option could be down sized in regard to station controls and total system control. This is the only option that addresses the new regulations for indoor air quality in commercial and governmental buildings. Staff would like to once again stress the fact that all of the estimated costs of the options are in essence an educated guess. If staff were to rank the options, in order of most desirable to achieve a long term, effective and efficient system, to replacing what is currently inoperable, the order of ranking would be, option 4 followed by 3, then 2, and 1 last. In speaking with NorAm again this week, they are available to assist the City with any one of the options, and will provide a more detailed summary of the estimated expenses related to their presentation of last Monday night. Staff recommends the City sign a letter of authorization with NorAm to conduct the necessary analysis of the City Hall HVAC system, should Council select any of the last three (3) options. A sample letter of authorization and a more detailed cost analysis, accompany's this staff report. Representatives from NorAm are unable to attend the meeting on Monday. If Council has any questions that I can answers from NorAm prior to the meeting, please do not hesitate to call me. A copy of the authorization letter was faxed to Attorney Long on June 4, 1997 for his review and comments. • Michael Ulrich, Director of Public Works RECOMMENDATION: Council approve and authorize staff to sign an authorization letter with NorAm Energy Management Inc. to conduct a Comprehensive Energy and Operational Analysis of the Mounds View City Hall facility. • _31.1r1-0 -1997 113:14 rl rHrii EnerTy M'-Iriit 1.13 -21 .0 :1 P.02/03 4 LETTER OF AUTHORIZATION • City of Mounds View NorAm Energy Management, Inc. 2466 Bronson Drive 105 South Fifth Street Suite 1200 Mounds View, Minnesota 561 12-1499 Minneapolis, Minnesota 55402 NorAm Energy Management Inc. agrees to undertake a "Comprehensive Energy and Operational Analysis"of the City of Mounds -View City Hall. This analysis will determine the energy consumption and Operational characteristics of the facility and will identify the energy conservation measures. procedures and other services that NorAm Energy Management, Inc. will provide to reduce City of Mounds View's energy and operational costs at the facilities. The City of Mounds View agrees to provide its complete cooperation in the conduct and completion of the analysis. In addition, the City of Mounds View intends to negotiate a contract with NorAm Energy Management, Inc. in good faith and will execute a contract if NorAm Energy Management, Inc. can provide the necessary documentation to meet the following objectives: • Provide a list of specific energy conservation measures, deferred maintenance needs and other facility improvements that NorAm Energy Management, Inc. proposes to implement; • Provide a description of the operating and maintenance procedures that NorAm Energy Management, Inc. believes can reduce the energy and operational costs in the facility; • Identify the energy and operational costs that will he saved and/or deferred by the proposed • improvements and procedures recommended in the report; • Provide a self-funding(stay within existing city budgets) cash flow analysis that identifies how the total cost for the program including improvements and ongoing procedures will be paid for by the energy and operational savings generated by the recommendations in the report. • Propose a Guaranteed Energy Savings Contract which meets the criteria set forth in Minnesota Statutes, Section 401-345. Suhd. 13. If NorAm Energy Management, Inc. is unable to deliver a report that meets the aforementioned objectives, or if the City Council decides not to proceed with any proposed project for whatever reason in the sole discretion of, the City of Mounds View will have the option to cancel this agreement with NorAm Energy Management, Inc. and will incur no cost or further obligation to NorAm Energy Management, Inc. City of Mounds View Date NorAm Energy Management. inc. Date By: By: Mayor • BY. City Clerk/Administrator TGTPL P.02 JIIH-0y.-19E'? 1 .: 14 HorAm Er€rq'i H9mt. ' 12 731 .50P1 .O2.. ; • NorAm Energy y 4ro'f poS .8_ion Background ound and S ri od`Gc p Experiencefor: City of Mounds View Mounds View, MN • . Prepared By: - w r� ENERGY MANAGEMENT Performance Services Group • _II_III-rt t-1'+' r 1 tt;; 1-10r Hire to _f,{ I`I_fnit biz: .: 1 Preliminary Cost Estimate Summary Retrofit Costs • Replace HVAC City Hall Total Demolition $41 ,412 $41 ,412 Controls $12,180 $12,180 Equipment $97,440 $97,440 Installation $85,260 $85,260 Total $236,292 $236,292 Direct Costs Category Cost Project Management $9,452 Engineering/Inspection $16,540 Performance Bond $2,363 • Construction Permits $2,363 Use Tax on Equip. $0 Equip. Warehousing/Staging $0 Total $30,718 Program Summary Total Retrofit Cost $236,292 Total Direct Cost $30,718 Total Net Cost $267,010 Overhead @ 10% $26,701 Profit @ 5% $13,350 Total Project Cost $307,061 Notes: Overhead includes: Office expenses, administration, insurance and guarantee costs. This cost breakout is based on preliminary scope and cost information known to date. • This estimate is for discussion purposes and is not intended for customer financial commitment. Draft - For Preliminary Estimating Purposes Only TOTHL F. i TI_Ihl-n5-19:37 1a.: 15 Hor-i=lrri Enercll_t t'1gm#. r,12 -71 5{_1_;1 Fr-Gt.^: CI::: About NorAm Energy Corp.: NorAm Energy Corp. • (.rr:.ti fr,r.r�ic..r..r'..:'*'�"5•RiAtl rrr-r#:}'. .r r 1 .,.Housto.rL TX, c w �. .r r» .r ,, F�� I" .{7SUMt(w*4 ML t,� txa d{x,G�.� tLr�A t!t�' t,� 9"E i"• �w r c' n,•„ , _ r :. r � ,t� r" TtOr mF4 rr iJ+OYvm En rT� <a#77• NorAm fs"as'. r _ �dorAm . Gay .. A 'lrry�xgp-:.: , ,. ..:., :- �- :� ; � 9.Yi-. Trpnsportation Distribution Services Managerneni }KIS ja {Ik .!.VX FT^ +ti.Y 1 ,// _„ .r): Irf^ . 11•r K. 'H.:.• �+ ,�� xr�luWrOMn•�".aMbr'S'81 i 2.000 MdeS of _ 2.7 Mi;licri::Us:omers - rtor-regulated Wh0ies l'' - Norr-rerluIatii40 retail - Motor. irltirconnect . Largest m'Jlfi star efl' V y'ranr_lgen-rent ener'y mol-oge::2n! H\'~ distributor;n U.S. • =Cs t er.i; 5. '=a'r )frr-,S7r K:c: - t•I�:R:Aon_:I_i (n+ n: NorAm Energy Corp. is the largest multi-state natural gas distributor in the United States and also owns one of the nation's largest natural gas pipeline networks. NorAm serves more communities than any other natural gas company in the U.S., including 2.7 million customers in 21 states. Natural Gas Transportation: NorAm Gas Transmission (NGT) has a major west-to-east pipeline strategically located at the center of the nation's natural gas transportation infrastructure. With almost 6,500 miles of operational pipeline, it is connected to some of the most prolific gas producing basins in the Mid-continent region and can move up to 2.8 billion cubic feet of natural gas per day. Mississippi River Transmission (MRT) supplies natural gas markets in and around the St. Louis, Missouri area Through connections with other pipelines, it also provides opportunities to move gas for delivery in Midwest and Northeast markets. MRT has nearly 2,100 miles of operational pipeline and can move up to 1.6 billion cubic feet of natural gas per day. NorAm Field Services (NFS) is a wholly-owned, non-regulated gathering subsidiary of NorAm Energy Corp. NFS' 3,500 mile pipeline gathering network snakes its way through 3,900 wells along the rich gas producing basins below Texas, Oklahoma, Louisiana and Arkansas. The system gathers approximately 700 million cubic feet of natural gas per day from more than 1,000 producers. NFS offers producers a variety of services including well connecting, purchasing, nominating and accounting. • JI Ila r_r —ji 1= lr, Ikr Hill finer cji_� I`Icln;t. r-1� <=1 >Lf d1 I-'.t14/ti; atural Gas Distribution: NorAm's three distribution units - Arkia, Entex and Minnegasco - form one of the nation's largest gas distribution operations. Together these companies serve over 2.7 million customers with annual throughput of over 500 billion cubic feet. Wholesale Energy Services: NorAm Energy Services, Inc. (NES) is a wholly-owned, non-regulated subsidiary of NorAm Energy Corp. NES is the company's main supply and third party marketing arm. NES offers a comprehensive range of wholesale natural gas, risk management and wholesale power marketing services which are customized to meet specific customer needs. Retail Energy Services: NorAm Energy Management, Inc. (NEM) is a wholly-owned, non-regulated subsidiary of NorAm Energy Corp. NEM offers a broad range of services, from energy rate negotiation and comprehensive natural gas management to performance contracting and power generation services. NEM works with several strategic partners to deliver expert, value-added products and services. • • • 3 JL IFd—O5-1997 15: 115 HorHm Enerqy Mc1rrit. 61 7,1 51=1=,1 F'.1=15/t_11=, Project Experience -- NorAm Energy Corp. Experience (1) Project Review: 1. Project Title and location: Arkla Headquarters -- Chiller Retrofit Shreveport, LA 2. Client Contact: Phil Miller, Manager of Facilities Arkla Gas Company P.O. Box 21734 Shreveport, LA 71151-0001 800-551-8983 x2790 3. Project type: Private sector. 4. Arkla Headquarters Building: A 14 story, 289,000 square foot office building located in downtown Shreveport, LA. 5. Total Contract Amount: $ 1,423,000 6. Financing: NorAm financed. 7. Type & term of contract: Time and Materials contract for a chiller retrofit. 8. Starting & ending dates: January 14, 1995 to May 30, 1995. 9. Project completion: Ahead of schedule. 111 10. Projected annual savings $ 75,666 & energy reduction: 11. Identify guarantees if applicable: n/a 1.2. Actual annual savings & energy reductions achieved: $75,000 + 13. Other information: n/a • 4 ILII'!-!_I`-1'+'�'. 1` '1t ("Norft,i Ener- jyj Hc3rc,t. r"_r .1 F'.t_tr,. 38 4 Experience Contd. •) Project Review: 1. Project Title and location: Fuel Cell Installation, Minneapolis, MN. 2. Client Contact: Mehrdad Sadeghi, Chief Engineer 934 SPTG/CEC US Air Force Reserve 760 Military Highway Minneapolis, MN 612-725.5352 3. Project type: Public sector 4. Air Force Reserve: Military reserve base with 200kw fuel cell 5. Total Contract Amount: Approximately $ 110,000. 6. Financing: Department of Defense 7. Type & term of contract: Fixed Price; Installation, Operations & Maintenance: 5 year term. 8. Starting & ending dates: February 1995 - ongoing; installation complete, currently in maintenance phase. 9. Project completion: Installation completed on schedule. 10. Projected annual savings • & energy reduction: Approximately $25,000 - $30,000. 11. Identify guarantees if applicable: n/a 12. Actual annual savings & energy reductions achieved: To be determined. 13. Other information: Contractor selection was based partially on capability with new technology. • 5 JUN—n`:.-1997+9T 15: 16 (!c r ri Ener:y hkir,t rl2 -21 5IT:1 Experience Contd. •(3) Project Review: 1. Project Title and location: Minnetonka Marriott -- Standby Propane/Air System, Minnetonka, MN. 2. Client Contact: Ray Pellaton, Chief Engineer 5801 Opus Parkway Minnetonka, MN 612-935-5500 3. Project type: Private sector. 4. Marriott Hotel: High rise hotel and conference facility. 5. Total Contract Amount: $ 115,000 6. Financing: NorAm financed. 7. Type & term of contract: Performance contract. 5 year. 8. Starting & ending dates: Project period was November 1991 to January 1992 with a base contract period of January 1992 to May 1996, currently NorAm is in the second 5 year contract period which ends in 2001. 9. Project completion: On time. 10. Projected annual savings $1.75 per decatherm & energy reduction: • . 11. Identify guarantees if applicable: Contract guarantees firm delivery of either natural gas or propane/air at all times. 12. Actual annual savings $186,260 or $1.75 per decatherm. & energy reductions achieved: 13. Other information: n/a • 6 RIF-I-05-199T 1': IT Nor-Am Ener cj_j I°kjrnt r.12 _7,1 50F:1 P.OBv OS experience Contd. (4) Project Review: 1. Project Title and location: Lighting Upgrade, Keesler AFB Gulfport MS. 2_ Client Contact: Bob Mosley, Engineer Keesler AFB 601-377-3801 3. Project type: Federal Government. 4. 13 Buildings: 5. Total Contract Amount: $ 930,460 6. Financing: NorAm financed. 7. Type & term of contract: Fixed Price with 10 year Financing. 8. Starting & ending dates: April 9, 1997 to July 9, 1997. 9. Project completion: On time. 10. Projected annual savings $148,291 & energy reduction: 11. Identify guarantees if applicable: n/a 411 12. Actual annual savings n/a & energy reductions achieved: 13. Other information: n/a • 7 TOTAL F'.Vii=, • RESOLUTION NO. 5133 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONTRACT FOR PRIVATE REDEVELOPMENT BY AND AMONG THE CITY OF MOUNDS VIEW, THE EDA, V.B. DIGS, LLC AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE CONTRACT AND RELATED DOCUMENTS ON BEHALF OF THE CITY. Section 1. Recitals. 1.01. The Mounds View Economic Development Authority ("EDA") consolidated Development Districts Nos. 1, 2, and 3, pursuant to Minn. Stat., Sections 469.090 through 469.108, control of which was transferred to the EDA by the City of Mounds View ("City"), thereby establishing the Mounds View Economic Development Project ("Project"), and adopted a project plan therefor ("Project Plan"). • 1.02. The City has modified the Project Plan pursuant to Minn. Stat., Sections 469.124 through 469.134 ("Development District Act") and Minn. Stat., Sections 469.001 to 469.047 ("HRA Act") and to that end has caused to be prepared a document entitled "Modification No. 1 to the Mounds View Economic Development Project" dated April 14, 1997 ("Project Plan Modification"). 1.03. The City has established Tax Increment Financing District No. 4("TIF District No. 4") and adopted a Tax Increment Financing Plan ("TIF Plan") therefor, pursuant to Minn. Stat., Sections 469.101 through 469.1081 and Minn. Stat., Sections 469.174 through 469.179 ("TIF Act") and to that end has caused to be prepared a document entitled "Tax Increment Financing Plan for Redevelopment Tax Increment Financing District No. 4," dated April 14, 1997. 1.04. Among the activities proposed to be assisted by the City Council within the Project and TIF District No. 4 is the redevelopment of the Bel Rae Ballroom Site ("Be! Rae Site"). 1.05. The City Council desires to provide development assistance for redeveloping the Bel Rae Site by making available certain excess tax increment from the Consolidated Development Districts Nos. 1, 2 and 3 and newly generated tax increment from TIF District No. 4. 1.06. There has been presented before the City Council a form of Contract for Private • Redevelopment ("Contract") by and among the City, City Council and V.B. Digs, LLC, a Minnesota limited liability company ("V.B. Digs") setting forth the parties' respective responsibilities in the proposed redevelopment of the Bel Rae Site. RCL124226 MU205-4 1.07. The City Council has reviewed the Contract and has determined that execution of • the Contract and the City Council's performance of its obligations thereunder are in the best interests of the City and are consistent with the goals and objectives of the Project Plan and TIF Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View as follows: 1. The Contract, as presented to the City Council, is hereby in all respects approved, • subject to any modifications approved by the City Council. 2. The Mayor and City Administrator are hereby authorized to execute the Contract and related documents on behalf of the City Council and to carry out the City Council's obligations thereunder. Adopted by the City Council of the City of Mounds View, Minnesota this day of , 1997. Duane McCarty, Mayor 110 ATTEST: Chuck Whiting, City Administrator • RCL124226 MU205-4 08/04/97 14:59 FAX 7855699 NSC -Dem I I C CEJ 002/016 (5i-- 4o —flJ ; . Q 7- -i1--) • MASC. • #0/• s^,ro- TO: Super Rink Board Members and Partners • FR: Paul Erickson, Executive Director Minnesota Amateur Sports Commission RE: June 16th Checklist As we discussed, we would like have the following items approved by your city council and brought to the meeting on June 16th of the Super Rink Board of Directors: Enclosed with this memorandum are the following: 1. Form of Certification of City (Version dated June 4, 1997) 2. Form of Opinion of Counsel to City (Version dated May 21,1997) 3. Form of First Amendment to Master Agreement (Version dated June 4,1997) • 4. The design plans (Version dated May 15, 1997 with expanded locker rooms 15&16) 5. Budget as per the sources and uses document(Version dated June 4, 1997) The Certification Form has been modified(i) to complete the description of the plans listed in the third paragraph and(ii) to add an additional paragraph 3 requested by Anoka County. The form of Attorney's opinion has not changed. Both the Certificates and Attorney's Opinion should be dated June 19,1997. The form of First Amendment has been modified by adding a provision allowing it to be executed in counterparts. The executed Certificates and First Amendment to the Master Agreement and the Opinion of Counsel should be delivered by the pre-closing date for the Anoka County bonds,Tuesday,June 17 to: Stephanie Galey Holmes &Galey One Financial Plaza, Suite 1200 120 South 6th Street Minneapolis, MN 55402. • Telephone 288-9300 MINNESOTA AMATEUR SPORTS COMMISSION 1700 105th Avenue NE•Maine.Minnesota 55449-4500.612/785-5630-fax 612/785-5699•tdd 812/297-5353 06/04/97 14:59 FAX 7855699 NSC 2003/016 Looking ahead at the meeting on June 16,1997, here is a tentative agenda. • AGENDA I. Welcome&Introductions II. Review of Architectural Design A. Locker Rooms 15 & 16 -Location B. Location of Rest Rooms C. Update from Architects D. Other III. Update on Master Agreement issue brought up by Terry Schwerm IV. Assignment of Rinks V. Update of Approvals Necessary for Bond Closing A. Design Plans B. The Sources and Uses Document C. Amendment to the Master Agreement D. City Attorney Opinion B. Certificate VI. Report of First Year Ice Allocations (August I 998-August 1999) A. Fall 1998 • B. Winter 1998/1999 C. Spring 1999 D. Summer 1999 I look forward to seeing you on June 16th. Please call if you have any questions. I'll be at the USA Hockey Annual Meeting in Colorado Springs June 4-8, 1997. Also, please be advised that there is another tour going to Toronto to visit 4 four-sheet ice arenas on June 25,1997. It is a one day trip and the cost will be approximately $400/ person. If anyone is interested ,please call Lynda Lynch at 785-5631. 06/04/97 14:59 FAX 7855699 NSC 2004/016 • a • Certificate Relating to the Master Agreement for the National Sports Center Ice Arena The undersigned authorized representative of the [Cir/County] of is authorized to execute this certUkkste and certifies to the Minnesota Amateur Sports Commission ("MASC"), Anoka County, and the Anoka County Housing and Redevelopment Authority that 1. The (City/Courityj has entered Into the Master Agreement dated as of January 1, 1997 and the Frst Amendment to Master Agreement dated as of June 1, 1997 2. The [City/County] has reviewed the design documents consisting of four pages including a main floor plan dated May 15, 1997 and an upper floor plan, cross section and elevation dated May 9, 1997, as prepared and submitted by the Minnesota Amateur Sports Commission and has approved the conceptual design as required under Section IV of the Master Agreement. 3. The [City/County] consents to the collateral assignment of the Master • Agreement from the Minnesota Amateur Sports Commission to the trustee for the bonds issued to finance the facility by the Anoka County Housing and Redevelopment Authority. 4. All conditions precedent to the performance and effectiveness of the obligations of the [City/County]contained In the Master Agreement, as amended which arc established in the Master Agreement, as amended and the authorizing resolutions of the [City/County] and internal agreements for the • Facility have been satisfied. Name. Title: Date; • • CertrBCar(ofl June el,1997 Version 06/04/97 15:00 FAX 7855699 NSC ( 1005/016 • • • • • [OPINION OF COUNSEL TO CITY] [Date of Closing] Anoka County,Minnesota • 2100 Third Avenue • Anoka,Kmnesota 55303 Anoka County Housing and Redevelopment Authority 2100 Third Avenue Anoka,Minnesota 55303 • . Minnesota Amateur Sports Commission 1700-105th Avenue Northeast • Blaine,Minnesota 55434 • $8,440,000 Anoka County Housing and Redevelopment Authority • Ice Arena Revenue Bonds, Series 1997A (Anoka County, Minnesota General Obligation) I am the duly appointed and acting attorney for the City of .Minnesota(the"City"). This opinion is rendered in connection with the issuance,sale and delivery of the above-captioned bonds (the`Bonds")by the Anoka County Housing and Redevelopment Authority(the"Issue'). I have reviewed the following documents: 1. National Sports Center Ice Arena Master Agreement effective as of January 1, 1997(tht "Master Aunt")between the Sate of Minnesota acting through the Minnesota Amateur Sports Commission,the Cities of Mounds View, Arden Hills,New Brighton, Shoreview,Blaine and Coon Rapids and Ramsey County,and the First Amendment to Master Agreement dated June 1, 1997: 2. Resolution No. (the"Resolution")of the City Council authorizing the • execution of the Master Agreement, and such other doctunents,proceedings and certificates as I have considered necessary for the purpose of rendering the following opinions. 06/04/97 15:00 FAX 7855699 NSC 2006/016 • • • Based on a reasonable investigation of the facts and examination of the Master Agreement,First Amendment to Master Agreement and the Resolution,I am of the opinion that: 1. The City is a municipal corporation of the State of Minnesota duly existing under its charter,the constitution and the laws of the State of Minnesota. 2. The Master Agreement and First Amendment to Master Agreement have been duly executed and delivered and assuming due execution by the other parties thereto are a legal,valid and binding obligation of the City enforceable in accordance with their,terms. 3. The proceedings and actions taken by the City in connection with the adoption of the Resolution and the execution and delivery of the Master Agreement and First Amendment to Master Agreementwere duly conducted in accordance with applicable procedural requirements imposed by law and the officials of theCity named in and executing the Master Agreement and First Amendment to Master Agreement were duly appointed or elected andqualified to serve in that capacity on the date hereof. 4. To the best of my knowledge,there does not exist any action,suit,proceeding of investigation pending or threatened that if determined adversely to the City,would have an adverse material effect on(i)the financial status of the City,(ii)the ability of the City to perform its obligation under the Master Agreement or Fust Amendment to Master Agreement or(iii)the transaction§contemplated by the Master Agreement as amended. S. The City has complied with all provisions of its charter,'constitution and the Iaws of the • State of Minnesota and other applicable laws in the adoption of the Resolution and the execution of the Master Agreement and the Fust Amendment to Master Agreement and has full power and authority to execute,deliver and perform its obligation under the Master Agreement, as amended. The opinion set forth in paragaph number 2 above are subject to the effect of any applicable bankruptcy,insolvency,fraudulent transfer,reorganization,moratorium or other similar laws of general application affecting creditors'rights. Sincerely, • • 06/04/97 15:01 FAX 7855699 NSC 2 007/016 a • • THIS FIRST AME,NT)MXNT TO MASTER AGREEMENT shall be effective as of the first day of June. 1997.and is made and entered into by and between the State of 11+sinnesoia acting by and trout&the M1nnesota Amateur Spens Commissinn referred to as"MASC"),the City of Motmds View,Minnesota,apulitical subdivision of the State of Minnesota(hereinafter refected to as "Mounds View"),the City of Arden Thus.Minnesota.a political snbdivisinn of the State of/Amesora(hereinafter rcfcacd to as 'Arden Blue),the City of New Brighton.Mtnmesota,a palitir t subdivision of the State of Nftnnesota (hereinafter referral to as"New Brighton"),the City of Shoreview,Minnesota, a political subdivision of the State of ilnnesota(hesinaft er referred to•as "SLetacview"). (Mounds View,Arden Hills,New Brighton and Shoreview refected to hack collectively as"SAMN").Ramsey County,a political subdivision of the Stare of Minnesota(hereinafter referred to as"Ramsey County"),the City of Blaine.brumesota. a political subdivision of the Stare of Minnesota(hereinafter zcfened to as 'Blaine"),azul the City of Coon Rapids.Minnesota, a political subdivision of the State of Minnesota(hereinafter referred to as 'CuunRapids") (each of the parties hereto*other than MASC and Ramsey County collectively refcercd to herein as the"Subdivikons'). w1TNESSETB: WHEREAS,the parties hereto ente re4 into,thar certain Master Agement effective January 1,1997,in cvuuation with the consauetion and operation of a • four sheet ice arena at the National Sparta Center(the'TacUiry");and WHEREAS,pursuant to the Master Agement MASC entered into a Financing Agreement dated May 13,1997 with the Anoka County Housing and Redevelopment Authorityand Antra County pursuant to which nds are being issued and the proceeds loaned to MASC far the consRuttion of the Facility;and WHEREAS.Article VIT of the.Master Agreement provides in part that"Ic is understood that Anoka County may require pledges of revenues received purtimmnt to the Master Agreement and coveaant9 in connection with the financing of the Facility. Such covenants,to the extent inconsistent with this Master Agreement take precedence over.this Master Agreement"and WHEREAS,the parties hereto wish to amend the Master Agreement in certain respects to make it c insistent with the covenants and=maims in the trinandng Agreement NOW THEREFORE.the patties hereto hereby agree that the Master Agreement is hereby amended as follows: • 1. Paragraph U is amended by the addition of a paragraph at he end thereof to read as follows: _23:iximics_heretimkaggjalguDauteitherit (runts►nor the bnolca C'.ounty 1oeisin�and Rede vdopmeii Au(leuiity strati ave any nhlioati tcludingissuing bon or,,, ding fur t.hcgsbwmementt ofproceeds of rh& dc-if i meet_and Met County • First nrnenenern to Mutat'Agreement Juno 4,1997 Veeaion 06/04/97 15:01 FAX 7855699 NSC 2008/016 • and th>r HR 1ncn r p eh such play incur as a:rwulr of i i1um.>B,A> humsn In addition and noun limitation of the orr.caTute�.t4 par,res cllsrtssl.V aet 'then Count r northe PRA shall halve any► ligthaiv ofthe oWn ,mems t ferre4 to its the pcediagn�arzgh." • 2. Paragraph III.E. 1. c. is amended to read as fnlinws- • "c. Budget MASC shall submit a proposed annual budget(hereinafter referred to as the"Anneal Budget")to die Doard at bast 120 days before the beginning of a new calendar year(hereinafter teemed to re the'Fiscal Year"). Such Amend Budget shall include an hourly rare(the"Guaranteed Hourly Rate") to be charged for ice sh+eetrs:ntai at&level such thatprgjected Guaranteed Rental laCorne,plus the=aunty an proiccted Conor iota and ac definel in that certain Fnanci A t among,MASC. seesC.Anoka Contig aka County Honsirla aper laaralgpmauvillsadeod by MASC far the fiscal year if received,will be adequate to pay allOperating Expenses,as defined bellow,and Baud Expenses for the following Fiscal Year. In addition,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 operadag if any, auritnbutable to such off peak u gee. Fnrpurposes of this a • Agreement,"Operating Expanses"shall tar defined as all costs of operating and mainraiaing the Facility,including the fixtures and equipment required t herefore.and all deposits required to nperating reserves,but shalt not include the costs of promotion and amination of special events in the Facility sponsored or organized by or on behalf of MASC. If the Joint Beard determines that the Operating Expenses are not reasonably necessary to operate the hany 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 take aeon 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 be approved by the bJ Joint Board.and m bcthe Guaranteed Hourly Rare for the Fiscal Year approved. In the event that MASC and the Board are unable to agree after all parties have made-their best efforts,the question of reasanableuess of the budget shall be submitted to binding arbitration with the Office of Alternative Dispute Rr uludon in the State Bureau of Mediation Services. The proposed Annual Budget,and the Guano reed Hourly Rats~included thenen,shall be in effect as of the first day of the Fiscal Year in the event that arty arbitration hereunder is not completed as of the beginning of the Fiscal Year. MASC members on the Joint Board shall • not be permitted to vote on the Annual Budget as board members." 3. Paragraph IILR shall be amended.to add a paranraph 5 to real: 15. Coiacicuse=cements mens by the Derma ti ttft rice. =Wages or other use of the fatality shall be submitted to.MASC fur appegyeLend may not be entered into by the parties hereto if MASC • sligm ines dist Ilio cxrtm art or other__-ementwnulrl hatre an adverse First IA i ae tslrneat to Master Agreement June 41997 Vow 06/04/97 15:02 FAX 7855699 NSC Q 009/016 • impacton the tar.eemr,t nahtre of any bonds issued by Anoka Countyr the �oka sine roti Redevelopment Amhrriry or any other entity, •. :• .z the ••..-_-_• • which ,. ; • fin. - --", ' or the • Site on whiclube Faddy located." 4. Paragraph Ill G.1.a shall be amended to read; (c) All Guaranteed Rental Income and Off-Peak.trental Income and any proceeds of business interruption insurance(and to die salt nt of any shortfalls,any other revenues advanced by MASC pursuant to paragraph(c)shall be applied in the following other or priority; (1)monthly payment m the Trustee under the Bond Documents of 1/6 of the ncaa 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 forty ata Ion of the deft service reserve fund for the Bonds, if ne y;(3)monthly paymont.445,3130 to the'fusee under the Bond Documents:for deposit to the capital'impmvement mscivc held bythe Trust uc:b monthly deuusits to local S I0.0W=ear for ca1eendttr year 1999 and 2000. COO J. a •- .- S r 1 .30 r a ., year forsalendauzitalla, . . t 't • . oath for , yearthereatter.until the amount oaep reachesand is i>>3itWirwt at 52S0,000(4)the payment of Operating Costs of the acility; (5)the accumulation of as operating costa tarns to be held by MASC in the amount of$500,000(five hundred thousand dollars);(6)deposit to the redetuptiun fund uudcr the Bond Documents on March I 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 ruedeeruptiun fund may be used to cure deficiencies in subparagraph(2)to the extent other reserve funds art insufficient or be applied to the early redemption of Bond, as directed by MASC with the concurrence of Anoka County. 5. This Feat Amendment to Master Agreement may be executed in jetwzi gets. and all so executed shall constitute one agreement.binding on all of the panics hereto.nOvithsrantrinaistalithe narties ate not signatory to the original or the same countr42= . Commissioner of Administration Duce City of Maunds View Dam Dn3. City of Arden Hills Dam Date City of New Brighton • Data . First Amendment to Merger Agreement June 4,1997 Version 06/04/97 15:02 FAX 7855699 NSC 0010/016 • Dole City of Shottricw Date Data City of Blaine Dam Dow City of Coon Rapids 'Dare Dar County of Ramsey Date • DdC Minnesota Amstar Sports Commission Dart • Approved as to form and osteution: Assistant Attorney General • Frit Amendment to Mea'ttit Agreement Juno 4,1907 Vcrcion 06/04/97 15:03 FAX 7855699 NSC fj011/016 • 16".. .""4 ll at IarL+A W. / nmr [fn. - lam "'"r"---r--T----s------- - .1,,,,, .1 cc i0uv. ® Cl'WIC QTKO - IMO 3 Ru00t MO PoICI a is 11.1 i0 Alt SO lirLITIV3704,1€4 is Is co (ED . 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