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Home My WebLink AboutAgenda Packets - 1994/02/28 CITY OF MOUNDS VIEW CITY COUNCIL FEBRUARY 28, 1994 7:00 P.M. AGENDA The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Trude Blanchard Quick Wuori 4. APPROVAL OF MINUTES: February 14, 1994 Regular Meeting COUNCIL ACTION: A T D Comments: AGENDA PAGE TWO FEBRUARY 28, 1994 5. SPECIAL ORDER OF BUSINESS: 6. CONSENT AGENDA: A. Award Bid to Saraphim Creations for Window Coverings at a Cost of $4,047.84, Staff Report No. 94-1080C B. Consideration of Resolution No. 4512, Establishing Mileage Reimbursement-Rate, Staff Report No. 94-10810 B. Adopt Resolution No. 4513 Approving Just and Correct Claims Against City Funds C. Licenses for Approval Water/Sewer - Expires 6/30/94 R. E. Palmen, Inc. - New COUNCIL ACTION: A T D Comments: 7. 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 8. PUBLIC HEARINGS: 7:05 p.m. Consideration of Request for Conditional Use Permit, Linder's Greenhouses, Planning Case No. 372-94, Staff Report No. 94- 1082C (Paul Harrington, City Planner) COUNCIL ACTION: A T D AGENDA PAGE THREE FEBRUARY 28, 1994 Comments: 7:10 p.m. Consideration of Ordinance No. 534 Regarding Consideration of Right-Of-Way, Mustang Lane, Staff Report No. 94-1083C (Paul Harrington, City Planner) OUNCl-L ACTION:A- T- D Comments: 9. COUNCIL BUSINESS: A. Consideration of Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park, Staff Report No. 94-1084C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: B. Consideration of Ordinance No. 535 Regarding Amendments to Chapter 1301, "Flood Plain Zoning", Staff Report No. 94-1085C (Staff Presenter: Paul Harrington, City Planner) COUNCIL ACTION: A T D Comments: AGENDA PAGE FOUR FEBRUARY 28, 1994 C. Consideration of Resolution No. 4514 Calling for Public Hearing on the Question of Establishing an Economic Development Authority for the City, Staff Report No. 94-1086C (Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: 11. REPORTS: 1. Report of Councilmembers: Trude: Wuori: Quick: Blanchard: 2. Report of Mayor Linke: 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: AGENDA PAGE FIVE FEBRUARY 25,` 1993 NEXT COUNCIL WORK SESSION: MARCH 7, 1994 NEXT COUNCIL MEETING: MARCH 14, 1994 - Note: Mayor Linke and Samantha Orduno will be absent from this meeting. They will be in Washington, D.C. attending the 1994 National League of Cities Congressional Conference. Deputy Mayor Blanchard will preside as Acting Mayor for the meeting on March 14 12. ADJOURNMENT: a ■ ■ ■ ■ For the Week of February 21 , 1994 - February 25,(41-1------11THIS ADMINISTRATION Well, at long last we are in our new offices. Although exactly where everything will be placed changes daily as we try to work out the "kinks" of how things will best work for the way we interact departmentally, publically and interdepartmentally. Rice Creek Watershed District Board Appointment Good news for Mounds View! Barbara Haake has been appointed by the Ramsey County Board to a seat on the Rice Creek Watershed Board! Everest Paul Harrington met with Tim Nelson last Friday to discuss park dedication fees. Everest remains reluctant to pay park dedication fees for the C.G. Hill project. Their contention is that park dedication fees were paid at the time of the initial development of the park. However, our records contradict this contention. Economic Development Coordinator The interviews are scheduled for Tuesday, March 1st. The interview panel will be myself, Mayor Linke, Tim Cruikshank and the New Brighton Community Development Director, Kevin Locke. There will be 10 candidates interviewed in a process that will include a 45 minute oral interview and an one hour "in-basket" exercise. It is the panel's hope that one candidate will "shine" and we'll be able to make a provisionary offer of employment within the week. If there is not a clear candidate, the top 2 or 3 will be invited back for a second interview. In Memory If you haven't heard yet the man who has been the mail carrier to the City for the past 5 years was killed in the Sunday, February 20th head-on collision near Chicago City that also took the life of a young mother and her little boy. Many of the staff knew him well and have had a difficult week as they remember his endearing smile and good humor. Samantha CITY HALL EXPANSION UPDATE It has been a busy week of moving into the new office area for Administration and Park and Recreation. Withthesetwo Departments moving;the Community - Development Department also had a chance to reorganize their work areas. 11s nice to be moved in but there are several small kinks to work out. The remainder of the construction is still scheduled to be completed by 3/2 with a punch list completed by 3/11. On Friday, the Police Squad room will be carpeted and early next week the Community Room will be carpeted. Also, the downstairs archives is almost done being transformed into a women's restroom. ECONOMIC DEVELOPMENT COORDINATOR AND HOUSING INTERN The deadline for the Economic Development Coordinator and Housing Intern positions was the end of the day on Monday, February 14, 1994. 31 applications were received for the EDC position and 26 applications were received for the Housing Intern position. Although we did not receive as many applications as we would have liked, there seem to be several well qualified candidates for both positions. We have gone through all of the EDC applications and will be interviewing 10 candidates on Tuesday, March 1. Most of the candidates are from the Metro area, some are from Southern Minnesota, one is from Wisconsin another from San Diego. The interview panel will consist of Samantha, Jerry, Kevin Loch (Economic Development Coordinator from New Brighton) and me. The Housing Intern applications have also been reviewed and interviews should begin by the end of next week. FOCUS 2000 UPDATE The Focus 2000 Steering Committee will be meeting tonight (2/24) for the first time. Georgine Madden from ProSource will be present for the first hour aiding in the initial phase of creating the Vision and Mission Statements. Tim C. PARKS PARKS: The rinks are officially closed for the season. The melt and thaw did their dastardly tricks and formed large cracks and, in some cases, large heat boils making the ice unsafe to skate. We have exceeded our budgeted number of days open by one week. The skating season was relatively a good one although the temperatures were colder than usual. By happenstance the snow tended to come on the weekends which resulted in overtime for brooming the rinks on a number of Saturday and Sunday mornings. Jeff is now on regular day's schedule. Steve is attending Chemical Applicators school on Wednesday, February 23. The park houses will be cleaned and equipment and phones collected. Portable restrooms will be picked up. Steve is also attending Word Perfect computer classes. Additional plumbing is a joint project for expanded washing areas in the garage. This will be an assistance for daily maintenance and cleaning of the parks equipment such as mowers, etc. • RECREATION RECREATION: We have spent the week moving. It is always enlightening to see how much JUNK is collected over time. Boxes and boxes of stuff is hauled up and we wonder how we managed to store all that stuff. We have files and files of part time and seasonal employees. The law required that we retain these files for five years after they end their employment. We must have about 400 part time employee personnel files! I attended another lecture regarding the information obtained by Search Institute, Peter Benson and his associates. The Youth Serving Providers Network Members invited Dr. Dale Blyth to come and share information regarding Healthy Communities, Healthy Youth. The information has shown that it is important to provide youth with assets, or factors promoting positive teenage development. It has been found that the greatest asset that healthy communities offer is involved community organizations and activities....even moreso than school positive climate or supporting families. This information is astounding and puts great importance onto church, recreation and scouting activities as well as 4-H, music activities, athletic associations and other community programs. These activities, it was shown, provide adult mentorship, offer structured activities to occupy youths' time, offers skill development and social interaction, provide opportunities for sharing and teamwork, requires self discipline, teaches good values, exercises decision-making and builds self esteem. These are all assets that are necessary to assist youth in avoiding the risks that come during the growing up stages of teenagers. The study is very interesting. If you have a chance to attend one of these sessions, please go. It is good information as city workers as well as parents. We will be living out of boxes for three weeks until new desks for Sharie, Mary and Rick arrive. We have ordered desks that match in color and style. The appearance of our office should greatly be enhanced with matching desks. As you remember, the money for these new desks is a combination of savings and carryover from our 1993 Recreation Budget and Recreation Activity money in the case of Marv's new desk. IT IS SO NICE TO SEE OUTSIDE. OUR NEW WINDOWS ARE WONDERFUL!!! The Parks and Recreation Commission meets on Thursday, February 24. Any issues that may come upfor the City Council will be on the Work Session for March. The brochures should be out to the homes by the end of this week or beginning of next week. We hope that our new charging equipment makes it here by then. We are ready for the big Spring registration. POLICE TOO BUSY TO WRITE UNDER CONSTRUCTION! FINANCE ) • We have purchased a check/protector signer. It will be used for Accounts Payable this week and Payroll next week. Will report on how it went in the next issue. • Purchased a computer from Zeos for Mary Tatarek. Delivery will occur toward the end of this week. • Have a meeting scheduled with Bob Thistle of Springsted, Inc. to discuss the possibility of refunding some or all of our outstanding Tax Increment Financing Bonds. • Work continues on year end financial and preparing work sheets and schedules in anticipation of the arrival of the auditors. Don B. COMMUNITY DEVELOPMENT SENIOR HOUSING PROJECT The Mounds View Planning Commission got their first look at the Senior Housing Project being proposed by the Westminster Corporation at their February 16, 1994 Agenda Meeting. A number of the Commission members took part in the FOCUS project and recognize the desire of the residents of the Community to have a facility of this type available. Although the Commission supported the concept plan, they did have some concerns about the number of parking spaces available on the site. Also, a surface water drainage plan was requested and will be provided by the applicant for review. The Commission anticipates further review of the request at their March meetings. STORM WATER MANAGEMENT UTILITY FEES Staff is in the process of putting together a list of all properties in the City and their applicable SWM fees. A preliminary list has been provided by the Finance Department and a final list will be ready for the first quarter billing which goes out in April. Staff put an article in the current issue of the Newsletter explaining the SWM Utilityand its-accompanying-fees. Paul PUBLIC WORKS Bill Hanggi passed his Class B Water License test. Bill devoted a lot of time to this class - Congratulations Bill! • Last week we were unplugging catch basins to accommodate the fast melting snow. Come on Spring! The start up of Wells 4 & 5 were performed February 23, 1994. It didn't go as well as planned. We will keep you updated. We are in the process of plumbing a water line to the back of the shop. This new water line will be used to clean off lawn mowers and the sweeper during the summer. This will eliminate the mess that occurs when the outside lines are used in the front of the shop. Tim and Steve attended their annual "Pesticide Applicators Class" at the St. Paul Campus on February 23. We are experimenting with the application of Liquid Calcicum Chloride as an ice controller. If this procedure is workable, it will reduce the amount of salt used for deicing purposes. Cheryl was in a car accident February 11. She has been out of work for 2 weeks now. (Her knees and neck were banged up.) WE HOPE CHERYL HAS A SPEEDY RECOVERY! Tracy has been working on the software program for the lock system. There's a lot information that goes into that program. We have been assisting the Police Department in the some of the remodeling in their area. . We have been in further contact with Ramsey County in regards to the Pleasantview Drive reconstruction project. I hope to obtain all of the information and present it to the Council soon. (We are trying to negoiate for more money.] - We received a check from State Aid for the Long Lake Road project and we will be reimbursing Ramsey County soon. Tracy J. i t. r d TO: ; n MAYOR AND CITY COUNCIL FROM: SAMANTHA ORDUNO, CITY ADMINISTRATO DATE: FEBRUARY 24, 1994 RE: INDEX FOR WEEK OF FEBRUARY 28, 199,1\,- REG LAR COUNCIL MEETING MEETINGS SCHEDULED FOR THE WEEK OF FEBRUARY 28, 1994 Council Meeting, Monday,-February 28, 1994, 7:00 p.m. ITEMS PROVIDED IN THIS WEEK'S COUNCIL PACKET This Is It! . Agenda . Approved Minutes, January 24, 1994, Regular Meeting Unapproved Minutes, February 14, 1994, Regular Meeting ****************** ADMINISTRATOR'S SCHEDULE (Please note that this schedule is subject to change as meetings are scheduled, rescheduled or canceled. At any time Audrey, Michele, or Tim C. will have my most current schedule and a number where I can be reached at all times.) Monday, February 28 7:00 p.m. Council Work Session Tuesday, March 1 8:00 a.m. Economic Development Coordinator Interviews Wednesday, March 2 9:00 a.m. Staff Meeting 6:00 p.m. AMM Legislative Reception Thursday, March 3 Friday, March 4 n 'SI Agenda 'on= 9.A ""7\�� REQUEST FOR COUNCIL CONSIDERATION Report Number:94-1080C 1080C Report Date: 2-24-94 —7/ STAFF REPORT Councl Action: O Special Order of Business CITY COUNCIL MEETING DATE February 28, 1994 Q Pubiic Hearings JE Consent Agenda C Council Business Item Description: Award Bid to Saraphim Creations for Window Coverings at a Cost of $4,047.84 Administrator's Review/Recommendation - No comments to supplement this report *._ - Comments attached. • - - - - �xplanattoni ummary�ettae.n--suppleme.t sheets-- necessary.) - - -_ ,c7JM 4AR.Y; Staff received two bids for window coverings for sixteen windows at City Hall (new addition and three in central office area) . These bids are for verticial blinds and valances. The bids received are as follows: • Saraphim Creations $4, 047. 84 (materials and tax) • The Complete Design $4, 186. 52 (materials and tax) The window coverings will be installed by City staff which provides a cost savings to the City. • . Michele .everson, Deputy Clerk RECOMMENDATION: Motion to Award Bid for Window Coverings to Saraphim Creations at a Cost of $4, 047 . 84 to be Charged to Account No. 697-4121-703 i, .e . F�a�nb � It't'SniI't. ,AmotJ . SOLD TO: al i Of_ /( NPSV 1`at yip 9 MOO NUMBER 2-4ot y (o -('1-94 ADDRESSi moo ts t V i& (/ i .A 0 DATE SHIP TO: CUSTOMER'S ORDER NO. ADDRESS SALESPERSON D E UIRED SHI IA B. TERMS 6 - TQ , . i� ` go AL.,.... _,,,...(i ) Vlw�n1 , 9x, , 2. �L/t'S - 6e � is v lwrrtrhiu� t�r�i. R -,L 1- 4sTs°6°r) 43, 20E,, ,co A-..)yAnr��s(z) GOLAID vs 691n4 c i &ism_ ov s t nen' V c -1 Sv7"' (AZ) `# I, uli,, co (s) e .c._!ti/t i<t1J (01. 13 0 I i nl t...) '/3o1( t- LUMe - 4 ii'O vol-s NAT/AtNAT/Atm& kfinatn1 c. Rem is -- of 6x 3) 4 b 3b1 vo 6) ifififae w,N mi tell ov cs) # /5009 itt-G- F5129 Oa 10, i0 vats , Mtt•rurh niter 0A-ttrAi lQCntx..--* Ii?b7— 4,-967, OZ) W Mt itRtoYsz Am / 3 °E'C''j w i gi>a's) 411 '1 /4ti'7. o 0 LE,55 `.?3°1d - .1' 33. Sv 120/0L.C?f 3 W/iJPffW 4 3"733, S0 (6 ) S"A'u..W'?J4x,r i$ -(P -s • ) -o]ga-76 cthrn- / *1+ No o6tl /v�-tas-w i tf i4 ke tK ---4./-7a.°269 Si 4 tis 090 - 3,k-,. 43c'133• sl) *I439, 60 7-2,s- 1 - Leisto% -- 4v2.-51 oz— c2-51644, PURCHASED BY i4 4,07,'7, U j WilsonJones•carbonless•MADE IN U.S.A. ®wlsonJones,1989 S9481 CL Duplicate•S9581-CL Triplicate 9 verticals - Alsace - Atlantis (with matching valances and groovers 3 verticals - Leplume - Pacific (with matching valances and groovers 1 large vertical Leplume - Fern (with matching valance and no groovers) 3 small windows - Confetti - Sea Spray (with maching valances and no groovers $343.1. 00 materials 255. 52 tax $4186. 52 total Submitted by Pat Beaubien of The Complete Design on �! 2/24/94 REQUEST FOR COUNCIL, CONSIDERATION Agenda section: 6.B '"^ -, Repoz-Number: 94-1081 C yv.,".zrs�i a STAFFREPORT Repot Date: 2-24-94 Ulf Councl Action: • Q Special Order of Business CITY COUNCIL.MEETING DATE February 28, 1994 0 P biic Hearings g Consent Agenda 0 Council Business Item Description: Consideration of Resolution No. 4512, Establishing Mileage Reimbursement Rate Administrator's Review/Recommendation: C - No comments to supplement this report - Comments attached. -- Ex nation/Stammarj (attach_supplemeat-sheets-as-necessary.-)- -- --- - • 517 Y; To keep pace with inflation, the Internal Revenue Service (IRS) , the Federal jurisdiction charged with setting employee mileage reimbursement • rates, periodically adjusts the amount employees can claim when using personal vehicles for City business. This rate has increased from $.28 per mile to $. 29 per mile. Increasing mileage reimbursements to $.29 per mile would bring Mounds View City policy in line with Federal regulations. 4/ 4:1611.94k • Tim Cruikshank, Asst. ' to City Admin. • • • RECOMMENDATION: Waive reading and adopt Resolution No. 4512 establishing the reimbursement rate for employee's use of personal vehicles in the conduct of City business. k RESOLUTION NO. 4512 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ESTABLISHING THE REIMBURSEMENT RATE FOR EMPLOYEE'S USE OF PERSONAL VEHICLES DURING THE CONDUCT OF CITY BUSINESS WHEREAS, at times it may be necessary for employees of the City of Mounds View to use their personal vehicles in the conduct of City business; and WHEREAS,to keep pace with inflation, the Internal Revenue Service (IRS), the Federal jurisdiction charged with setting employee mileage reimbursement rates, periodically adjusts the amount employees can claim when using personal vehicles for City business; and WHEREAS, the IRS has increased this rate from $.28 per mile to $.29 per mile. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that employees may be reimbursed for the use of their personal vehicles in the conduct of City business at the rate of $.29 per mile effective January 1, 1994. Presented this 28th day of February, 1994. (ATTEST) Jerry Linke (SEAL) Samantha Orduno, City Administrator 1 7 - >.-7�, REQUEST FOR COUNCIL CONSIDERATION AgEn� 0II' 8, 10820 m. ,�;.��y Repot:lumber: 94-10820 STAFF i , �� ,� Report Date: 2-24-94 riloir s:' Coundl Acton: C Special Order of Business CITY COUNCIL NEEETING DATE February 28, 1994 a Pubiic Hearings C Consent Agenda C Council Business Item Description: Consideration of Request for Conditional Use Permit, Linder's Greenhouse Planning Case No.. 372-94 Administrator's Review/Recommendation: - No comments to supplement this report °' - Comments attached. Explanation Summary(attach-supplement-sh=-- - :_ necessary.) _ SUMMARY; Peter Linder, representing Linder's Greenhouses, has submitted an application requesting the approval of a Conditional Use Permit which would allow the operation of a Flower Mart at Mounds View Square. Chapter 40. 19 Subdivision D (2) allows for open or outdoor sales in a B-4 zoning district with the issuance of a Conditional Use Permit. The application, as submitted, meets all applicable sections of Chapter 40. The Mounds View Planning Commission has reviewed the request and recommended approval in Resolution No. 376-94 . As part of their review, the Planning Commission identified two (2) major areas of concern: 1) The location of the proposed greenhouse structure is located at the intersection of two :internal drive aisles .on the property (please see attached site plan) . Based on discussions with Staff and the Planning Commission, the applicant has agreed to locate the greenhouse structure a minimum of 20-25 feet off of the intersection curb line. This should provide a more than adequate "site triangle" for traffic on the property. 2) The request references the need for electricity on the site 24 hours per day. The applicant has verified that the electrical needs on the property will be provided via Mounds View Square. A rubberized speed bump, hollowed out to allow for the insertion of electrical cable, will be provided so that the electrical lines servicing the structure will not be susceptible to the elements or vandalism. /- L.__1 L.__ . aP ul Harrington, City �Flanner 9 RECOMMENDATION: Adopt Resolution No. 4511 approving the request forConditional Use Permit at Mounds View Square. I STAFF REPORT PAGE TWO FEBRUARY 23 , 1994 As stated earlier, the request meets the intent of the Code and, Staff feels that the use would not pose any serious problems. I have included all materials submitted as part of the application for your review. For your information, the dates and hours specified on the Planning Commission resolution were mutually agreed upon by the applicant and the Commission. I have included City Council Resolution No. 4511 for your consideration. If you have any questions, please do not hesitate to give me a call . 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St. Paul, Minn. 55117 i " • ..1a' r r. = St. Paul, Minn. 55117 612-488-1927 612-488-6717 �� _. -' _ .r- .._. )r...: Y...f5:•sr....s^_r:•�-.S .^--cer-.+.�....a,A•h^Mry-t,t -,�-•rtl.•..wA.!Y-`-+ ..r.v.+Kv n.....a+1 L.•,....-- ..t....N,i< st•ib.u:� •yt`sYtt':1f�Y'.+�,'+'R"ri"'�M.S't0.".r,-iiiiic:MiA•�,�SG;'i:.7lC-r::�7i�+.:�'iP�i".r'��'.'ts�rirti'!�:i^:�D'fiY'•fidW�'' Paul Harrington December 10, 1993 City Planner - Moundsview - 2401 NE Hwy 10 Moundsview, MN 55112 P„ A n _ _ _ -- _ _-__ - _ _ - _ �. -.-._... -. Dear Paul, ��. Attached to this letter is a drawing showing the location of the Linder'st Flower Mart in the lot at the Moundsview Square shopping center. Also at- _ tached are photos showing other Flower Marts as well as information about Linder's and our operations. The Flower Mart is a quality greenhouse structure which sits on the pave- ment and is held down with by an internal system which uses water for ballast. The structure is 21 feet by 80 feet with an 'additional 20 feet by 30 feet patio area which serves to display merchandise and provide a pleasant look to the Flower Mart. During our season we sell all types of annuals, perennials, hanging baskets and other products for use in the home garden. Our only utility requirements are reasonable access to water for the plants and 110 volt electricity available 24 hours per day. Linder's takes away all discarded material and strives to maintain a clean and pro- fessional appearance. We anticipate the 1994 selling season to begin on April 16 and end on June 26. The Flower Mart has one to two employees during weekdays and two to three during weekends. We are open seven days a week during the season. Our hours are 8:00 AM until 8:00 PM weekdays and 8:00 AM until 7:00 PM weekends. The Flower Mart is supervised by several managers who keep it stocked and operating cleanly and efficiently. We make every attempt to employ persons from the community. For the past five years we have developed our "Flower Marts" and have placed them throughout the twin cities area. Last year we operated at nine different locations. Because we are well known as a quality grower many gardeners seek us out. Locating in areas around the cities we are able to serve our customers better. It is also an opportunity for business owners Printec cn Recvclec Pacer to provide their customers with quality flowers conveniently nearby. Our customers have given us a tremendous welcome and look forward to our returning each spring. I would like to highlight the fact that Linder's is a family business and has been growing flower and vegetables plants for over 80 years. We grow everything we sell other than nursery stock and have two large growing locations, St Paul and Lake Elmo. We grow quality bedding plants as well as other seasonal products for sale both wholesale and retail. Linder's guarantees all our products and because we are a year-round business, our customers can come to us even after our remote Flower Marts have closed for the season. We take great pride in our Flower Marts and are proud to display our name by putting large signs on the Flower Marts to identify ourselves. We also decorate them with flags with our companies colors. • hope you find this material informative and that it addresses all of your concerns. If you have any questions please feel free 'to contact me at 865-5358 or 488-6717. Thank you, f Peter A. Linder Vice President WHOLESALE GREENHOUSES RETAIL GARDEN CENTER 0 CORPORATE OFFICE 270 W. Larpenteur Ave. 275 W. Wheelock Pkwy. St: Paul, Minn. 55117 `�► .-�' ' St. Paul. Minn. 55117 612-488-1927 r.Yit- 612-488-6717 gtrfy�tt.. N" °4.*.•::c.rM.-..e-+awt,,: '1rir-r.+4, .,.....:.._.• .. .r. .. »_. , .r-... ..._e ...a,.�„�-s,-,•w.•.�.•c-,. .,_ "t,z;=:s+i•�ra�.u--•'.n�:.- ,t1C.1-,F`_c:4412x,tve v,.r•.; y - _ .Lr�r1,C�Iti:KS•e�^M!�•�:+.n:::lri{"•�•:^�'.1:v::'_�-. i��3!� �i.°k• LINDER'S GREENHOUSES INC. -OV-ER BO YEARS IN THE-GROWING-BUSINESS OWNED AND MANAGED BY FAMILY MEMBERS TWO MAJOR GROWING LOCATIONS: ST. PAUL AND LAKE ELMO WE OPERATE A YEAR-ROUND GARDEN CENTER WITH A FULL RANGE OF BEDDING PLANTS, NURSERY STOCK, FERTILIZERS, AND OTHER GARDENING AND YARD NEEDS AS WELL AS MANY OTHER SEASONAL PRODUCTS I.E. LILIES, POINSETTIAS ETC. IN 1993 WE ALSO OPERATED 9 "FLOWER MARTS" - CHAMPLIN PLAZA COLUMBIA HEIGHTS COON RAPIDS KNOWLANS - MPLWD LEXINGTON- NRTHWY CTR LITTLE CANADA- RNBW PLAZA 3000- MPLWD OAKDALE - PATIO TOWN WHITE BEAR - FESTIVAL OUR NAME AND QUALITY PRODUCTS ARE WELL KNOWN IN THE TWIN CITIES AREA WE WHOLESALE OUR PLANTS, CUTTINGS AND SEEDLINGS TO GROWERS THROUGHOUT THE FIVE STATE AREA. AND OUR BEDDING PLANTS TO RETAIL GARDEN CENTERS THAT ARE INTERESTED IN QUALITY PRODUCTS WE BACK UP OUR PRODUCTS WITH GUARANTEES, PROFESSIONAL ADVICE AND ASSISTANCE OUR BUSINESS ACTIVELY PARTICIPATES IN MANY COMMUNITY ACTIVITIES WITH A FLOAT IN PARADES, MERCHANDISE AND PERSONAL TIME CONTRIBUTIONS AS WELL AS FINANCIAL SUPPORT TO MANY OTHER WORTHY CAUSES WE ADVERTISE IN THESE NEWSPAPERS AS WELL AS MANY OTHERS: ST. PAUL PIONEER PRESS DISPATCH MINNEAPOLIS STAR AND TRIBUNE ROSEVILLE REVIEW NORTHEND NEWS SUBURBAN LILLIE NEWSPAPERS AND-THESE-RADIO-STATIONS: WCCO, K102, KLBB 9 WHOLESALE GREENHOUSES RETAIL GARDEN CENTER _ s CORPORATE OFFICE 270 W. Larpenteur Ave. 275 W. Wheelock Pkwy. St. Paul, Minn. 55117 � St. Paul, Minn. 55117 612-488-1927 { i" `' 612-488-6717 .P1.'y . 'r a'z:'Yyc*r'etti!'?�YY'3k,":r...IF%E',-.M'�}:i-ri�6c='.'.?i.:ii+a/+i`'tGi}^1..."!eQ:r�hs•.h7' FLOWER MARTS CLEARLY IDENTIFIED AS LINDER'S GREENHOUSES NEAT , CLEAN, ORDERLY STORES OUR NAME IS WELL KNOWN IN THE TWIN CITIES AREA FOR QUALITY PRODUCTS AND OUR FLOWER MARTS ARE AN IMPORTANT PART OF OUR SUCCESS LATEST TECHNOLOGY IN PORTABLE STRUCTURES WE CARRY A WIDE RANGE OFBEDDING PLANTS, PERENNIALS, POTTED PLANTS, HANGING BASKETS, VEGETABLES AND A SAMPLING OF NURSERY STOCK ALL PRODUCTS ARE LABELED INCLUDING INFORMATIONAL SIGNS AND POSTERS PRODUCTS ORGANIZED ACCORDING TO TYPE. LIGHT REQUIREMENTS ETC. FRIENDLY COURTEOUS AND KNOWLEDGEABLE EMPLOYEES PRODUCTS CARED FOR BY GROWERS WHO KEEP PLANTS WELL WATERED, FERTILIZED AND DISEASE AND INSECT FREE OUR PRODUCTS ARE ALWAYS FRESH, NEW STOCK IS DELIVERED REGULARLY AND ANY INFERIOR MERCHANDISE IS REMOVED THROUGHOUT THE SEASON AND RIGHT UP TO THE TIME WHEN WE CLOSE FOR THE YEAR MANY SPECIAL SALES AND PROMOTIONS DURING THE SEASON ALL PRODUCTS GAURANTEED. MOST PROBLEMS ARE HANDLED IMMEDIATELY TO THE CUSTOMERS SATISFACTION AT THE FLOWER MART. OUR YEAR-ROUND GARDEN CENTER WILL HANDLE ANY PROBLEMS EVEN AFTER THE FLOWER MARTS CLOSE ?nnte�cn Recycle:: °ace• i 12111 Ito 1 - . __ 1 il =km FLOWERS TO GO'• ASS1cs 1 FEB j ,_-_- REc �v d �� _44 \ I 'OPTICALct • __ _ ci 1,t1 L,1 �711 ,� >- ''> - '' �ti MINNESOTA FABRICS' •__ ._ • I . a I .. - _ . con ural I • y1 CREDIT 4 # # c • I I I - # c .I_. _ I _ _ .,�._ # LI I a 22,400 S.F. I SIGNa C I i • C .. .. _ —_i 1 . 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'It" '11.-A'-ill..,,hil.'. •••,••7;•Z• ' .• • '""-'I * • •• •/`• .- •• RESOLUTION NO. 4511 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST BY LINDER'S GREENHOUSES, MOUNDS VIEW SQUARE, PLANNING CASE NO. 372-94 WHEREAS, Pete Linder, representing Linder's Greenhouses, has requested City approval to conduct open and outdoor sales at Mounds View Square Shopping Center; and WHEREAS, the open and outdoor sales would take the form of a temporary greenhouse facility on the site; and WHEREAS, the Mounds View Municipal Code allows open and outdoor sales in a B-4 , Regional Business with the issuance of a conditional use permit; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a) Site plan dated February 1, 1994 b) Letter of request dated December 10, 1993 WHEREAS, the City Council has determined that the proposal is in conformance with the requirements of the Municipal Code, specifically Chapter 40. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit with the following conditions: 1. The facility shall be allowed to operate from March 20, 1994 to July 15, 1994 . 2 . The hours of operation of the facility shall not exceed 8 : 00 a.m. to 9 : 00 p.m. Adopted this 28th day of February, 1994 . ATTEST: Mayor (SEAL) City Administrator I RESOLUTION NO. 376-94 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL APPROVING THE CONDITIONAL USE PERMIT REQUEST BY LINDER'S GREENHOUSES, MOUNDS VIEW SQUARE, PLANNING CASE NO. 372-94 WHEREAS, Pete Linder, representing Linder's Greenhouses, has requested City approval to conduct open and outdoor sales at Mounds View Square Shopping Center; and WHEREAS, the open and outdoor sales would take the form of a temporary- greenhouse facility onthesite; and WHEREAS, the Mounds View Municipal Code allows open and outdoor sales in a B-4, Regional Business with the issuance of a conditional use permit; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a) Site plan dated February 1, 1994 b) Letter of request dated December 10, 1993 WHEREAS, the Planning Commission has determined that the proposal is in conformance with the requirements of the Municipal Code, specifically Chapter 40. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit with the following conditions: 1. The facility shall be allowed to operate from March 20, 1994 and July 15, 1994. 2 . The hours of operation of the facility shall not exceed 8: 00 a.m. to 9: 00 p.m. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 2nd day of February, 1994. ATTEST: Chairman (SEAL) City Planner Agenda Section: 8, 7:10p.m. �,.,.--, REQUEST FOR COUNCIL CONSIDERATION Repan-Number. 94-1083C, -acv:~'—i's: STAFF REPORT Report Date: 2-24-94 _��-.a Councl Action: C Special Order of Business CITY COUNCIL MEETING DATE February 28, 1994 0 Public Hearings G Consent Agenda Council Business Item Description: Consideration of Ordinance No. 534 Regarding 'Consideration of Right-Of-Way Mustang Lane Administrator's Review/Recommendation: 61 - No comments to supplement this reportAS - Comments attached. Explanation/Summary (-attach supplement sheets-as-necessary.) SUMMARY; Following the introduction of Ordinance No. 534, Staff received a call from a property owner who indicated thatthey own property through• which an extension of Mustang Lane would be possible. This property owner asked to meet with Staff to discuss the possibility of improving the street at their cost. Staff has scheduled a meeting with the property owner the week of February 28 . Because of this, Staff would ask that the Council consider tabling this item to a later meeting so that the issue of developing the street can be further explored. , / - .i / / C . . Paul Harrington, City Panner RECOMMENDATION: I ~ 94-1084C REQUEST FOR COUNCIL CONSIDERATION Agenda Sec ber 9.A FYI" ; Q Report Number:...t.;..-_" ;.y C,�,{ i , REPORTReportDate: 2-24-94 .� Counal Action: 0 Special Order of Business CITY COUNCIL MEETEIG DATE February 28, 1994 0 Pubiic Hearings 0 Consent Agenda M Council Business Item Description: Consideration of Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. E--xplanationiSummarF(attach supplemeat-sheets as necessary.) i TJMiVj AY; The contract to provide fire service to the cities of Mounds View, Blaine and Spring Lake Park is presented for consideration and approval. The contract has been approved both by the City of Blaine and the Fire Department's Board of Directors. The City of Spring Lake Park had previously expressed concerns regarding sections of the contract. The City Attorney, Jim Thomson, has also questioned contract language. However, it must be noted that the contract with the Fire Department is very unique and traditional contract language may have to be set aside for the continued viability 1 of a relationship between three cities and a contract/departmental service provider. I have attached a letter from the Blaine City Manager, Don Poss, who succinctly and comprehensively addresses the issues raised by the City of Spring Lake Park. In Don's letter, he expresses the reality issues that are a part of a historical transaction between three cities and a heretofore private, independent service provider. In exchange for turning over to the three cities the Department's assets (land, buildings and equipment) , the Fire Department must be assured that they will remain the sole source provider for fire protection services for a minimum of 10 years. In the past, the three cities contracted with what was then a private and autonomous organization. The cities provided funding based on a formula which allocated costs per a combination of property valuations and the number of fire calls per city. The three cities had very little input into the budget process, revenues, expenditures or hiring procedures of the organization. The 1990 Fire Bond Referendum, which was passed of all three cities, changed the scope of the relationship between the cities and the organization. ----:-----• 1.z.,. Samantha Ord�.no RECOMMENDATION Motion to Approve the Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park STAFF REPORT PAGE TWO FEBRUARY 24, 1994 The negotiations began in 1991 to develop a new contract which would create a partnership between the cities and a Fire Department that would function not as an independent service provider, but as a municipal department per a three-city Joint Powers Agreement. Since the beginning of 1991 to the present, the relationship between the Fire Department and the three cities has become a true-pa-rtnership. The budget processhas -improved dramatically over the past three years. Expenditures, capital programs, staffing levels and revenues are discussed openly and information is shared. The Fire Department provides quarterly reports to the cities and meets with the Administrative Committee on a quarterly basis to discuss policies, procedures and the budget status. The Fire Department that exists today is not the organization which existed prior to the referendum -- it is a far superior department. It is a Department that now has quality equipment, operating facilities and a commitment from the cities that the Department is a valued and appreciated public safety service provider. The contract before the Council is the culmination of three years of negotiations, compromise, collaboration and, most importantly, partnership. It is a contract that is in the best interests of the people of Mounds View, their property and is a cost effective public expenditure. The Lease Agreement, a standard private sector lease adjusted to a public sector arrangement, essentially leases back to the Fire Department the assets which will, upon approval of the Contract, be transferred to the cities. The inventory of assets has yet to be finalized, but need not delay the approval of the contract as the inventory will include all buildings and equipment purchased with the proceeds from the 1991 Fire Bond. 4 •` i Sinf City of Blaine 9150 Central Avenue N.E..Blaine, Minnesota 55434-3499 (612)784-6700 FAX(612)784-3844 February 22, 1994 Mr. Donald Busch — City Administrator City of Spring Lake Park 1301 81st Avenue N.E. Spring Lake Park, MN 55432 Dear Don: Blaine offers the following response to the concerns of the City of Spring Lake Park regarding the draft Fire Contract which you received on December 13, 1993. The subject concerns were apparently expressed at a Spring Lake Park Council workshop on January 10, 1994 and subsequently transmitted to Blaine on February 11, 1994. 1. Term. 10 years. Too long a time to commit. Council would agree to a term of 5 years, renewable in 5 year increments. The two major issues between the parties (the Fire Department and the Cities) were (1)the conveyance of title by the Fire Department to the Cities for substantial assets contributed by the Cities to the Fire Department over the entire term of the relationship, and(2) a long-term commitment to the viability of the Fire Department in return for the conveyance of such assets. In the eyes of the Fire Department, the 10 year term is non-negotiable. Indeed, Blaine is of the opinion that a long-term contract with the Fire Department is certainly in the best interest of Blaine. Rather than viewing the Fire Department as a contractual adversary, it is Blaine's position that the willingness of neighbors and citizens to commit to long-term service as volunteers for an essential safety service is an offer to be applauded and appreciated. To Blaine, the alternative is unacceptable and unaffordable---developing a full- time paid Fire Department. In Blaine's view, a long-term relationship with the Fire Department has a great deal of upside for the Cities and little if any downside. 2. Concern over lack of accountability to elected officials. Recommendation is to state that the Administrative Committee will review the budget and make recommendations to their respective City Councils for City Council approval. 4 Mr. Donald Busch February 22, 1994 Page 3 The Fire Department shall hold the Cities harmless and will defend and indemnify the Cities for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by employees, officers, or agents of the Fire Department. The Fire Department's duty to indemnify will be limited to its applicable insurance coverage. This new language was suggested by LMCIT attorneys upon understanding the nature of the relationship between the Cities and the Fire Department. Very simply, the Fire Department as structured in the proposed contract has no independent source of funding other than from the Cities to whom it provides services. Thus, it has no financial ability to indemnify beyond the limits of its insurance coverage. On the other hand, no such limit exists for the Cities. If sued, the Fire Department has no independent source of funds to pay any award for negligence or omission on the part of agents of the Cities if the award goes beyond the Cities' insurance coverage. The concern is more academic than real, because in such instance the Cities would likely wind up paying such sum as a supplemental appropriation to the Fire Department budget under the contract. 5. We need a copy of the lease agreement which is Exhibit A of the contract before approving the contract. A copy of the lease agreement which is Exhibit A was transmitted on February 11, 1994 following some minor tune-ups in the document. Concerns were also expressed by the City Attorney and City Council that one city has the authority to make all decisions. We would like to see the joint powers agreement amended to require agreement by two Cities. The December 11, 1990 joint powers agreement for the provision of fire protection services between the Cities provides that "for purposes of determining majority consent at the Administrative Committee level, or at the City Council level, each City shall have voting rights which equal its percentage share under the formula at the time such decision is made, with each such decision being made on the basis of 50%plus approval". Blaine's share under the formula is nearly 67% and will continue to grow in the future. There are probably very few business persons in existence willing to make a two-thirds investment in an enterprise and yield two-thirds control to the minority shareholders of that enterprise. Regardless, however, the existing arrangement has worked well to the mutual benefit of all parties. The Cities have received excellent, cost-effective fire service and operations of the Fire Department in administrative and financial terms have been vastly improved, all without significant differences of opinion requiring a "vote" to resolve an issue. Thus, the advantages of a partnership ownership in the contract, albeit it weighted according to investment, seems far preferable to the alternatives available to each of us. FEB 21 '94 16:58 HOLMES & GRAVEN P.2 HOLMES & GRAVEN CHARTERED Mtameya at Law EMIT A.ALBop 470 Maury Coater,Minneapolis,Minnesota SS402 (612)337-9300 ROBERT C.LONG RONALD II.BATTY LAURA Y.MOLL1 SWIMS J BV9OL Facsimile(612)337.9310 BA*SASA L POITWOOD { JOHN B.DEAN JAMES M.S194904EN MARY G. NS Ii Do IAMU J.THOMSON,AL STEBANIEN.GALEY LARRYM.'i I:aTIDm+s COUINE A.tiCINR BONNIE I.WILKINS JAMES S.HOLMES ( HA vIO I.KENNEDY WRITER'S DIRECT DIAL GAaY P.Winn JOHN R.LARSON 337-9209 DAVID L.GIaAv�r 4 ivau WELLINGTON fit.LAW VIA RAPIFAX AND MAIL of COMMEL CHAEIRS r"LEMM B goblin'C.CAaIsoN j04lN M t Y1raR, Maria L.DA�Sole RoMIAT J.14NDALL T.JAY SALMIS February 21, 1994 Samantha Orduno Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 RE: Spring Lake Park Fire Contract Dear Samantha: You asked me to review the proposed contract to furnish fire protection service with the Spring Lake Fire Department. My comments follow; 1. The second WHEREAS clause states that "nothing in this contract shall be construed in any manner to alter the existing legal relationship between [the three cities] and the Fire Department." I am not sure why this provision is in the agreement. I have reviewed the contract dated May 5, 1986 with the Fire Department. It appears to me that the new agreement will supersede the old agreement. Consequently, the intent of the agreement is to supersede and change the legal relationship with the Fire Department. Leaving this WHEREAS clause in the contract can create some ambiguity if a disagreement arises in the future between the Fire Department and the city. One of the parties could contend that the previous contract could be used to determine the legal relationship between the parties. I don't believe that this is the intention in the new agreement. I recommend that the second WHEREAS clause be deleted. 2. Section 6.6 of the agreement specifies that fire protection services constitutes "a top priority for the allocation of the Cities' financialou X�e6 tees." That paragraph goes on to restrict the city's discretion in determining how to fund the Fire Department's operating budget. I do not believe that it is wise for the city to agree to have its discretion controlled in this manner. 3. The term of the agreement is 10 years and is automatically renewable for successive 10-year periods unless either party gives a six-month written notice to terminate. The length of term is discretionary with the city. (The previous contract provided for a five-year term.) .Y 66039 881125-11 FEB 21 '94 16:59 HOLMES & GRAVEN P.3 Samantha Orduno February 21, 1994 Page 2 4. Paragraph 16.2 deals with indemnification. I recommend that this paragraph be reworded as follows: "Subject to the limitations and restrictions contained In Minnesota Statutes, Chapter 466, including but not limited to the limits of liability provision in section 466,04only to the extent of any applicable insurance coverage, the cities shall defend, indemnify and hold harmless the Fire Department and the Fire Department shall defend, indemnify the cities and their respective volunteers and . employees from any claims, suits, demands or causes of action arising out of loss or damage caused to a person, persons or property by reason of the negligent acts or omissions of the ! - respective parties' officers, employees or agents." As an aside, I have not reviewed either the payment schedule set forth in Article V or Exhibit A to the agreement. Please call me if you have any questions. Sincerely, =rx1= Thomson T:jes JJT66039 MTJ125-11 I Z CONTRACT TO FURNISH FIRE PROTECTION SERVICES TO THE CITIES OF BLAINE, MOUNDS VIEW AND SPRING LAKE PARK PROLOGUE The intent of this contract is to continue the ongoing relationship of 40 years between the Cities of Blaine, Mounds View, Spring Lake Park, and the Spring Lake Park Fire Department, Inc.; and to maintain the present mutual understanding thereby lending continuity, stability and credibility to the volunteer fire fighters to the end that they will continue to serve and maintain the high level of dedication and enthusiasm that presently exists. This agreement is effective the 1st day of January, 1994 and is entered into by and between the Cities of Blaine, Mounds View, and Spring Lake Park, collectively referred to herein as "Cities", each of which is a municipal corporation and political subdivision of the State of Minnesota, and the Spring Lake Park Fire Department, Inc., a Minnesota nonprofit corporation, hereinafter referred to as "Fire Department". WITNESSETH: WHEREAS, the Cities of Blaine (herein "Blaine"), Mounds View (herein "Mounds View"), and Spring Lake Park (herein "Spring Lake Park") are parties to a Joint Powers Agree- ment for the Provision of Fire Protection Services, dated December 11, 1990 (herein referred to as the "Joint Powers Agreement"); and WHEREAS, nothing in this contract shall be construed in any manner to alter the existing legal relationship between the Cities of Blaine, Mounds View, and Spring Lake Park, or between any or all of the Cities and the Fire Department. WHEREAS, the purpose of the Joint Powers Agreement has been and is to be effectuated in part through the acquisition, construction, furnishing and betterment of land, buildings and equipment for municipal fire protection, fire fighting, and related public health and welfare purposes; and WHEREAS, the Cities enter into this contract pursuant to authority stated in their charters and applicable statutory provisions, and the Fire Department enters into this Agreement pursuant to authority of its Articles of Incorporation and By-Laws; and WHEREAS, the Cities own certain land, buildings and other equipment and property used for fire protection and related public health and safety purposes; and WHEREAS, the Cities and Fire Department intend that ownership of certain equipment, land, buildings and other property currently owned by the Fire Department will be conveyed to the Cities; and Fire Protection Service Contract Page 2 WHEREAS, the Cities will by lease make available such property and equipment to the Fire Department; and WHEREAS, the Fire Department is located in the Cities of Spring Lake Park and Blaine, and maintains a fully-equipped volunteer fire department which includes the necessary personnel, trucks, fire fighting equipment, and other appurtenances to provide fire protection service to the Cities; and WHEREAS, the Fire Department needs and requires payments by the Cities and others to cover its estimated costs of operation for providing fire protection in the Cities. NOW, THEREFORE, in consideration of the representations, warranties and agreements herein contained, and the considerations hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 Conveyance of Property 1.1 The Fire Department shall convey all its real property by deed and all its equipment and personal property used to provide fire protection services by bill of sale to the City of Blaine, which shall hold said property pursuant to the provisions of the Joint Powers Agreement. The Fire Department shall convey such property free and clear of all encumbrances. The Cities agree to lease all such property to the Fire Department under the Lease attached hereto as Exhibit A. All such real property, equipment and personal property (excluding replaceable, low cost items of limited useful life) shall be listed on Exhibit A. The lease term shall run concurrently with this contract. ARTICLE 2 Services Provided 2.1 The Fire Department agrees to answer all calls for fire protection and related emergency services by sending out fire fighting equipment and personnel as soon as practical to such areas within the geographic limits of the Cities as designated by the official maps of the Cities, not including Metropolitan Airports Commission property, as requested by property owners in or residents of the Cities. 2.2 The Fire Department agrees to provide fire code inspection services as requested and paid by the respective Cities. 2.3 The Fire Department agrees to furnish fire service protection and personnel and such other related emergency services as requested by property owners in or residents of the Cities for the consideration set forth below, and agrees that its fire fighters will make every reasonable effort to attend all fires and related emergency occurrences when notified thereof. Provided, however, in the event the fire fighting equipment or some part thereof with attending personnel is engaged in fighting fires or in response to emergency calls within the Cities or is engaged pursuant to the Fire Department's agreements with the Metropolitan Airports Commission, the U.S. Army, the Capital City Mutual Aid Association, the City of Fridley Fire Department, the Anoka Fire Protection Council, the City of Andover Fire Department or other mutual aid agreements with - 2 - Fire Protection Service Contract Page 3 other communities, said Fire Department will respond to the call as soon as practical. The judgment of the Fire Chief, or the officer-in-charge of the Fire Department shall be final. Pro- vided, further, that road and weather conditions are such that the fire run can be made with rea- sonable safety to the personnel and equipment of said Fire Department. ARTICLE 3 Department Organization/Methods of Operation 3.1 The Fire Department agrees to remain at all times a nonprofit corporation under Minnesota Statutes Chapter 317A. It shall be operated exclusively to combat fires, prevent fires and perform other public safety assistance such as rescue work, emergency medical attention, natural or man-made disasters, or assistance to police. 3.2 The method of operation shall be determined by the Fire Department including, but not limited to, (i) apparatus response appropriate to each type of incident or condition; (ii) emergency or routine response; (iii) manning strength per station; (iv) location of apparatus; (v) fire dispatching procedures and protocols; (vi) membership in various fire-related associations; (vii) fire fighter training procedures; and (viii) all other activities usually associated with a Fire Department. 3.3 The Fire Department is an independent contractor and its members shall not be considered employees of the Cities paid by the Cities and shall not be entitled to any benefits usually accorded to regular employees of the Cities and paid by the Cities, including, but not limited to, such items as severance pay, health and welfare insurance benefits, retirement credit, workers' compensation coverage or other benefits normally considered to be employee fringe benefits for regular employees of the Cities. 3.4 The Fire Department agrees to maintain a minimum complement of 80 trained volunteer firefighters. In the event that sufficient volunteers cannot be recruited and maintained overall or at any station, the Fire Department shall notify the Cities and, thereafter, the parties shall mutually develop a solution. 3.5 No additional permanent part-time or full-time employees shall be hired unless specifically authorized by the Fire Department budget. ARTICLE 4 Training The Fire Department shall at all times be in compliance with such equipment, personnel and training standards as may be required by the laws of the State of Minnesota and the Federal Government. - 3 - Fire Protection Service Contract Page 4 ARTICLE 5 Payment Payment for the services provided by the Fire Department shall be as follows: 5.1 Each City shall pay its share of the annual cost for fire protection to the Cities, which shares shall be determined, unless otherwise agreed by the Cities, using the following formula: A.C. = (F.C. + A.V.) X (O.C. - O.R.) (2) A.C. Annual Cost F.C. The percentage that the total number of fire calls to each City for the previous three years bears to the total number of fire calls to the Cities of Spring Lake Park, Blaine, and Mounds View for the same period. A.V. The percentage that the Assessed Valuation (unadjusted tax capacity valuation) of each City bears to the total Assessed Valuation (unadjusted tax capacity valu- ation) of the Cities. O.C. Total Budgeted Operating Cost as approved by the Cities. O.R. Budgeted Non-City Revenues - to include only other contract funds. 5.2 The annual amount determined in 5.1 shall be paid in nine monthly installments by the 15th of each month as follows: January - March 16% per month April - September 8 2/3% per month ARTICLE 6 Determination of Fire Department Budget 6.1 The annual Fire Department budget shall consist of the entire cost of operation of the Fire Department including the costs incurred by the Fire Department in financing the special fund of the Spring Lake Park Firemen's Relief Association, which shall be determined pursuant to the provision of Minnesota Statute 69.774. 6.2 Funds from non-City sources, including payments from the MAC, United States Army and mutual aid agreements shall serve as an offset against amounts required to be contributed by the Cities to the Fire Department Budget. 6.3 The Cities' Administrative Committee shall serve as a budget review committee. On or before June 15 of each year the Fire Department shall submit to the Cities' Administrative Committee a copy of the annual budget request for the succeeding year. - 4 - Fire Protection Service Contract Page 5 6.4 The Fire Department agrees to submit to the Cities a quarterly budget report and a copy of the Fire Department's annual financial report, as prepared by its certified public account- ant, no later than June 15 of each year. 6.5 Since the operating expenses of the Fire Department are largely a function of the number and magnitude of fire calls which cannot be accurately predicted, and since unexpected or increased expenses can result from emergencies and other unforeseen circumstances causing expenditures in excess of anticipated and budgeted amounts, it is agreed that if it is determined at any time by the Fire Department and confirmed by the Cities that budgetary appropriations are or will not be sufficient to cover such unexpected or increased expenses, the Cities shall pay to the Fire Department each City's pro rata share (according to 5.1) of the funds necessary to meet the unexpected expenses. 6.6 It is agreed-that coritinuity of fire protection services constitutes a top priority for the allocation of the Cities' financial resources. In the event of any annual revenue shortfall in one or more of the Cities, it is agreed that the Fire Department operating budget may be reduced on the same basis as budgets for other services involved in exercise of the safety services of the Cities; provided that (i) the Fire Department's basic financial needs will be met by the Cities and (ii) the application of any operating budget reductions will be determined by the Fire Department. ARTICLE 7 Term and Renewability 7.1 This contract shall replace all previous fire protection service contracts between the respective Cities and the Fire Department. The term of this contract shall be for 10 years from January 1, 1994 to December 31, 2003. The contract shall be effective upon execution and shall be automatically renewed for successive 10-year periods on the same terms and conditions contained herein unless either party gives a six-month written notice to terminate this contract or renegotiate any portion thereof within the last year of any 10-year increment of this contract. In the event the term of this contract expires prior to the execution of a subsequent contract and during the time in which negotiations between the parties are proceeding there shall be a 90-day grace period commencing on the date of such expiration during which this contract shall continue in full force and effect. - 5 - Fire Protection Service Contract Page 6 ARTICLE 8 Payment of Operational Costs and Insurance 8.1 The Fire Department shall maintain insurance of the following types: (a) Workers' Compensation State of Minnesota- Statutory Employer's Liability (b)* Comprehensive General Liability (including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage; Contractual) — ---Bodily Injury-:$600,000 - - - - $600,000 products and completed operations. (c)* Personal Injury Liability (with employment-related exclusions deleted) Limit: $600,000 per occurrence (d)* Comprehensive Automobile Liability/Physical Damage (owned, non-owned, hired) Bodily Injury: $600,000 per person, per occurrence Property Damage: $600,000 per occurrence (e)* Errors and Omissions Limit: $600,000 per occurrence (0* Excess Liability Limit: $1,000,000 per occurrence (aggregate) (g)** Crime Coverage Limit: $150,000 (h)** Property Limit: Annual appraised value of building, contents and property in the open. Coverage shall be on an all risk, agreed amount, replacement cost basis. • (i)** Inland Marine (All risk basis) Miscellaneous Equipment Limit: Per value listed on fixed asset report. Computer Equipment and Media Limit: Per value listed on fixed asset report. *The Cities of Blaine, Mounds View, and Spring Lake Park shall be named as additional insureds. **The City of Blaine shall be named as the sole loss payee. - 6 - Fire Protection Service Contract Page 7 Insurance certificates evidencing that the above insurance is in force shall be submitted to the City of Blaine. The insurance certificates shall specifically provide that a certificate shall not be modified, canceled, or non-renewed except upon thirty (30) days prior written notice to the Cities. Insurance policies shall be available for inspection by the Cities upon reasonable notice. Membership by the Fire Department in the League of Minnesota Cities Insurance Trust will be construed to fulfill the insurance requirements of this section. ARTICLE 9 Duty of Care This contract does not create a duty for the Fire Department to attend or put out every fire within the Cities. The Fire Department shall not be liable to the Cities or any other party for failure to attend or put out a fire. The Fire Department has a duty to exercise ordinary care to protea property and lives within the Cities. ARTICLE 10 Benefit This contract shall be binding upon and inure to the benefit of the successor of the Cities and the Fire Department. In the event the Joint Powers Agreement between the Cities is terminated, negated or no longer in force, each of the Cities shall become a party to a separate agreement with the Fire Department on the same terms and conditions as the then existing Contract to Furnish Fire Protection Service between the Cities and the Fire Department. ARTICLE 11 Notices Any notice required or permitted to be given under this contract shall be given in writing, and shall be sent by mail to the registered address of the Fire Department, the Administrative Committee or the Cities. ARTICLE 12 Choice of Law The provisions of this contract shall be construed in accordance with the laws of the State of Minnesota. ARTICLE 13 Headings and Captions The headings and captions of the paragraphs and articles of this contract are inserted for convenience or references only and shall not constitute a part hereof. - 7 - Fire Protection Service Contract Page 8 ARTICLE 14 Entire Agreement This contract contains the entire understanding between the Cities and the Fire Depart- ment concerning the subject matter hereof, and the provisions applicable thereto cannot be amended, altered, enlarged, supplemented, abridged, modified, extended, or waived except in writing duly signed by all the parties hereto. ARTICLE 15 Counterparts This contract may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. ARTICLE 16 Miscellaneous 16.1 The Fire Department shall maintain fire stations and equipment leased from the Cities in good order and repair, subject to normal wear and tear, and in compliance with all state, federal and National Fire Department Association regulations for the maintenance and use of such stations and equipment. 16.2 The Cities shall hold the Fire Department harmless and will defend and indemnify the Fire Department for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by employees, officers, or agents of the Cities. The Fire Department shall hold the Cities harmless and will defend and indemnify the Cities for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by employees, officers, or agents of the Fire Department. The Fire Department's duty to indemnify will be limited to its applicable insurance coverage. 16.3 It is agreed that the Fire Department may contract to provide fire protection services to entities other than the Cities only upon the express prior authorization of the Cities, except for agreements existing at the date of this contract with the MAC, the U.S. Army, the Capital City Mutual Aid Association, the City of Fridley Fire Department, the Anoka Fire Protection Council, the City of Andover Fire Department or other mutual aid agreements. - 8 - r Fire Protection Service Contract Page 9 IN WITNESS WHEREOF, the parties hereto have executed this contract effective the day and year first-above written. CITY OF BLAINE, MINNESOTA: DATED: February 17, 1994 By: Its Mayor By: Its City Manager CITY OF MOUNDS VIEW, MINNESOTA: DATED: By: Its Mayor By: Its Clerk/Administrator CITY OF SPRING LAKE PARK, MINNESOTA: DATED: By: Its Mayor By: Its Clerk/Treasurer SPRING LAKE PARK FIRE DEPARTMENT INC.: DATED: By: By: - 9 - LEASE AGREEMENT This Lease is made, executed and delivered as of January 1, 1994, by and between CITY OF BLAINE, a Minnesota municipal corporation. with its principal office at 9150 Central Avenue N.E., Blaine, Minnesota 55434 (Landlord), and SPRING LAKE PARK FIRE DEPARTMENT, INC., a Minnesota corporation, with an address of 1710 Highway 10, Spring Lake Park, Minnesota 55435 (Tenant). ARTICLE I GRANT AND TERM Section 1.01. Premises. In consideration of rents, terms, covenants, and agreements to be performed and observed by Tenant, as hereinafter set forth, Landlord rents to Tenant, and Tenant rents from Landlord, six parcels of land (the Land) more specifically described on Exhibit A attached hereto and incorporated herein by reference,together with all rights and appurtenances belonging or appertaining thereto and all improvements now or hereafter located thereon (the Premises). The Premises includes all buildings, fixtures and other improvements constructed thereon (collectively, the Buildings) together with all fire fighting equipment and vehicles located thereon, including the personal property described on Exhibit B attached hereon and incorporated herein by reference (the Leased Equipment). Unless specified to the contrary, any reference herein to the Premises includes the Buildings and the Leased Equipment. Section 1.02. Term. Reference is made to the "Contract to Furnish Fire Protection Service to the Cities of Blaine, Mounds View and Spring Lake Park" dated as of January 1, 1994 (the Service Contract). The term of this Lease (the Term) shall be identical to the term of the Service Contact. If the Service Contract expires or terminates, this Lease shall expire or terminate on the same date. Any renewal or extension of the Service Contract shall also constitute an automatic renewal or extension, without further action or notice, of this Lease. The Commencement Date of this Lease is January 1, 1994. ARTICLE II USE AND OPERATION Tenant shall use and operate the Premises as fire station facilities and for no other purpose, except with the prior written consent of Landlord. spnnelease.agr-02110,"44 a ARTICLE III RENT Section 3.01. Base Rent. For each year of the Term of this Lease, Tenant shall pay to Landlord as Base Rent the annual sum of One Dollar ($1.00), payable on the first day of each year of this Lease Section 3.02 Additional Rent. In addition to the Base Rent required to be paid hereunder, Tenant shall pay the following Additional Rent: (01) Tax Rent. Tenant shall, during the term of this Lease, pay and discharge as they become due in the manner provided herein, promptly and before delinquency, all general real estate taxes, municipal liens, and levies of every nature and kind levied, assessed, charged or -imposed—on—or -againstrthe Premises, Tenant's leasehold interest in the Premises, or personal property of any kind owned or placed in the Premises by Tenant. Tenant shall also pay when due all installments of special assessments for public improvements levied on the Premises which become due and payable during the term of this Lease, it being understood that all such special assessments shall be made payable under the longest installment payment plan permitted by the levying municipality (all of the foregoing charges are referred to as Taxes). Landlord shall provide Tenant with tax statements for the Premises. (02) Insurance. Tenant shall pay any premiums for insurance which Tenant is required to maintain pursuant to Article VII of this Lease. (03) Utilities. Effective as of the Commencement Date of this Lease, Tenant shall pay for all public utilities, including all charges for electricity, water, sewer, heat, fuel oil, gas and telephone incurred in connection with the use and operation of the Premises. (04) Net Lease. Except as specifically set forth in this Lease, this Lease shall be deemed and construed to be a "Net Lease" and Tenant shall pay absolute net throughout the Term the Rent (defined hereunder as Base Rent, Additional Rent or any other amounts due to Landlord by Tenant or any amounts advanced or paid by Landlord on Tenant's behalf or on behalf of the Premises) and any and all other costs, expenses and charges of any type whatsoever related to the Premises. Rent shall be paid when due free of any charges, assessments, impositions, expenses or deductions of any kind and without abatement, deduction or set-off except as specifically allowed herein. ARTICLE IV CONSTRUCTION, ALTERATIONS, FIXTURES, EQUIPMENT Section 4.01. Acceptance of Premises. Tenant has inspected the Premises and Tenant accepts the Premises in its present condition and acknowledges that the Premises and their conditions are suitable for Tenant's purposes. Section 4.02. Alterations, Improvements and Changes. Tenant shall have the right to make such alterations, improvements and changes to the Premises as Tenant deems necessary, provided that prior to undertaking any structural alterations, improvements or changes Tenant shall obtain Landlord's prior written approval of the plans and specifications to be followed and the means by which Tenant shall pay for such improvements. Any approved alterations, improvements, or changes shall be constructed in full compliance with any-and-a-Il-laws, ordinances, rules,and regulations which may govern the same-and shall be constructed only in accordance with plans and specifications previously approved in writing by Landlord. Tenant shall pay all costs and expenses of any nature incurred with respect to such alterations, improvements or changes. Tenant shall not permit any mechanic's lien to be attached to the Premises by reason of any work, labor, material or services rendered on the Premises. Should any lien be affixed, Tenant shall immediately bond against or discharge the same and hold Landlord harmless against the lien. Tenant shall additionally indemnify Landlord and hold Landlord harmless against any loss or damage, including reasonable attorneys' fees and costs of defense, by reason of Tenant's construction of any type on the Premises. Section 4.03. Fixtures and Equipment. Tenant may, at its own expense, furnish and install such fixtures and equipment in and on the Premises in addition to the Leased Equipment as may be necessary or desirable for Tenant's business and shall maintain such fixtures and equipment in good working order throughout the term hereof. Such fixtures and equipment shall become the personal property of Landlord at the expiration or termination of this Lease if not removed by Tenant at its expense prior to the expiration of the Lease. ARTICLE V MAINTENANCE, REPAIR, LANDSCAPING AND DESTRUCTION Section 5.01. Maintenance and Repair by Tenant. Tenant shall, at its own cost and expense, keep, maintain and repair the Premises, including the Buildings and the Leased Equipment and improvements of every kind which may be a part thereof (whether interior or exterior, structural or nonstructural) and heating, electrical, air conditioning, ventilating, and plumbing equipment therein; and all appurtenances thereto, including sidewalks and parking areas adjacent thereto, in good condition and repair; and shall repair, restore and _Z :ace any such improvements which may become inoperable or be destroyed or damaged fire, casualty or any other cause. Tenant shall comply with all federal, state, county, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the Premises and improvements thereon, or any activity or condition on or in the Premises. Tenant shall, at its own expense, keep the Premises in sanitary, clean and neat order and keep the sidewalks and parking areas free of trash. Section 5.02. Landscaping. Tenant shall at all times during the term of this Lease, keep and maintain any existing landscaping on the Premises. Section 5.03. Damage or Destruction. The damage, destruction, or partial destruction of any building or other improvement on the Premises shall not release Tenant from any obligation under this Lease. In the event of such damage or destruction, Tenant shall, at its-own cost and expense,promptly repair and-restore the same to a condition as good or better than that which existed prior to the damage or destruction, provided the building can be restored to a condition suitable for the use contemplated hereunder for an expenditure not greater than forty percent (40%) of the present value of the improvements. Notwithstanding the foregoing, if the cost of repairing damage or destruction amounts to more than forty percent (40%) of the total replacement value or market value (whichever is higher) of the Premises affected immediately prior to the event of casualty, then Tenant may terminate this Lease with respect to the affected parcel by giving written notice thereof provided said notice is given within thirty (30) days after the date of the event of casualty. If Tenant so elects, this Lease shall terminate (with respect to the affected parcel only) ten (10) days after the date of said notice. Thereupon Tenant shall not be obligated to repair or reconstruct the damage to the Premises, however, Tenant shall be liable for all other obligations hereunder with respect to the affected parcel through the actual date of termination, but Tenant shall not be liable for any Rent with respect to the affected parcel for any period subsequent to the date of termination. ARTICLE VI CONDUCT OF BUSINESS Section 6.01. Use. Tenant shall use the Premises solely and exclusively for purposes permitted under applicable governmental zoning, building, health and use ordinances and regulations, and contemplated by and in compliance with the terms and conditions of this Lease. No use shall be permitted, or acts done, which will cause a cancellation of any insurance policy covering the Premises. Tenant shall, at its own expense, comply with all requirements of any insurance company necessary for the maintenance of insurance required in this Lease. Tenant shall submit to all required governmental inspections and immediately comply with any and all governmental notices, orders or directives. Tenant shall deliver any -4- such notices, orders or directives to Landlord within forty-eight (48) hours after receipt of same. Section 6.02. Waste and Nuisance. Tenant shall comply with all applicable laws, ordinances, and regulations affecting the use and occupancy of the Premises, the breach of which might result in any penalty on Landlord or forfeiture of Landlord's title to the Premises. Tenant shall not commit, or permit to be committed, any waste or nuisance on the Premises. Section 6.03. Right of Entry. Tenant shall permit Landlord and their agents and employees to enter into and upon the Premises at all reasonable times for the purpose of inspecting the Premises. Tenant's permission must be obtained to use any of the premises. ARTICLE VII INSURANCE AND INDEMNITIES • Section 7.01. Casualty Insurance. Tenant shall, at all times during the term of this Lease, at Tenant's sole expense, keep all improvements, which are now or hereafter a part of the Premises, insured against loss or damage by fire, business interruption, and the extended coverage hazards in amounts and upon terms and conditions acceptable to Landlord issued by carriers possessing an "A" rating and otherwise approved by Landlord. Tenant shall pay the premiums thereon when due and shall comply with the co-insurance provisions thereof, if any. All casualty losses shall be payable to Landlord, who shall, at its sole discretion, decide as to the disposition and use of said proceeds. Section 7.02. Public Liability Insurance and Other Insurance. Tenant shall, at all times during the Term of this Lease, at Tenant's sole expense, keep in full force and effect a "primary and umbrella" policy of public liability and property damage insurance with respect to the Premises and all business operated thereon in the form and in the amounts required by the Service Contract, together with such other insurance required by the Service Contract. Section 7.03. Certificates of Insurance. Tenant shall furnish Landlord with certificates of insurance for Landlord's review, which certificates shall provide that Landlord will be notified in writing thirty (30) days prior to cancellation, material change, or non- renewal of insurance. Section 7.04. Loss and Damage. Tenant shall be solely responsible for carrying personal property insurance sufficient to cover loss of all personal property on the Premises. Landlord shall not be liable for any damage to or loss of property of Tenant or others located on the Premises. -5- Section 7.05. Hold Harmless. Landlord shall not be liable for any loss, injury, death, cr damage to persons or property which at any time may be suffered or sustained by Tenant or by any person whosoever may at any time be using or occupying or visiting the Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Tenant or of any of its employees, agents, occupants, subtenants, visitors, or users of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind or as of a different kind than the matters or things above set forth, and tenant shall indemnify Landlord and hold Landlord harmless against all claims, expense, liability, loss. or damage whatsoever on account of any such loss, injury, death or damage (or claim of same). Tenant hereby waives all claims against Landlord for damages to the Buildings and improvements that are now on or hereafter placed or built on the Premises and to the property of Tenant in, on, or about the Premises, and for injuries to persons or property in or about the Premises,-from-any cause arisingattime. The two preceding-sentences - - shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Landlord, its agents, or employees. ARTICLE VIII DEFAULT; REMEDIES Section 8.01. Defaults. As used herein, the term "Default" or "Event(s) of Default" shall mean the occurrence of any one or more of the following events: (01) If default shall be made in the payment of Rent or any additional charges payable by Tenant under this Lease when and as the same shall become due and payable. (02) If default shall be made by Tenant in the performance of any other covenant or agreement on the part of Tenant to be performed hereunder (except as otherwise provided) such default shall continue for a period of thirty (30) days after written notice specifying such default shall have been given to Tenant; provided, however, that in the case of a default which cannot with due diligence be remedied by Tenant within a period of thirty (30) days, if Tenant proceeds as promptly as may reasonably be possible after the service of such notice to remedy the default and thereafter to prosecute the remedying of such default with all due diligence, the period of time after the giving of such notice within which to remedy the default shall be extended for such period as may be necessary to remedy the same with all due diligence. (03) If Tenant shall (a) apply for, or consent in writing to, the appointment of a custodian, receiver, trustee or liquidator of Tenant or of all or substantially all -6- of its assets, or (b) file a voluntary petition for relief under any chapter of the federal Bankruptcy Code or any law governing bankruptcy or insolvency, or (c) admit in writing its inability to pay its debts as they become due, or (d) make a general assignment for the benefit of creditors, or (d) file an answer admitting the material allegations of a petition filed against Tenant in any bankruptcy, reorganization or insolvency proceedings. (04) If any execution or attachment shall be levied against the Premises or all or substantially all of Tenant's assets, and such execution or attachment shall not he stayed, set aside, bonded or discharged within sixty (60) days after the same shall have been levied. (05) If an order, judgment or decree shall he entered by any court of competent jurisdictionapprovinga-petition-seeking-a-reorganization-of Tenantorthe appointment of a custodian, receiver, trustee or liquidator of Tenant or of all or substantially all of Tenant's assets, and such order,judgment or decree shall continue unstayed and in effect for a period of sixty (60) days after the same shall have been entered. (06) If an involuntary case is commenced against Tenant by the filing of a petition under any chapter of the federal Bankruptcy Code or under any law governing bankruptcy or insolvency and an order of relief is entered therein or the petition is not dismissed within sixty (60) days after the filing of such petition. (07) If Tenant abandons or vacates the Premises or otherwise ceases to conduct business operations for a period of ten (10) days. (08) If Tenant is in default under the Service Contract. Section 8.02. Landlord's Action. If Tenant fails to make any payment or to perform any act required to be made or performed under this Lease, and to cure the same within the relevant time periods provided in this Lease, Landlord without waiving or releasing am' obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account at the expense of Tenant, and may, to the extent permitted by law, enter upon the Premises for such purpose and take all such action thereon as, in Landlord's reasonable opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses, in any case, to the extent permitted by law) so incurred, together with interest thereon (to the extent permitted by law) from the date on which such sums or expenses are paid or incurred by Landlord, shall be paid by Tenant and rights of Landlord contained in this Article 8 shall survive the expiration or earlier termination of this Lease. -7- Section 8.03. Termination. Upon the occurrence of an Event of Default, and at any time thereafter, Landlord may serve a written notice upon Tenant that Landlord elects to terminate this Lease upon a specified date not less than ten (10) days after the date of the serving of said notice and, unless such default shall be remedied prior to the termination date set forth in Landlord's notice to Tenant (to the extent this Lease allows such defaults to be cured), this Lease shall then expire on the date so specified in Landlord's notice to Tenant, and Tenant will then quit the Premises and surrender possession thereof to Landlord. Section 8.04. Surrender. Upon any expiration or termination of this Lease, Tenant shall quit and peacefully surrender the Premises to Landlord and Landlord and its agents may immediately, or at any time after such default or after the date upon which this Lease and the Term shall expire and come to an end, re-enter the Premises without notice, either by-summary proceedings, or by any otherapplicableaction or proceeding or otherwise, and may repossess the Premises and dispossess Tenant and any other persons from the Premises and remove any and all of their property and effects from the Premises. ARTICLE IX ASSIGNMENT AND SUBLETTING Tenant shall not assign, sublease, convey, mortgage, encumber, alienate, sell, exchange or in any manner transfer all or any part of its interest in this Lease or the Premises to any third party without Landlord's prior written consent. ARTICLE X MISCELLANEOUS Section 10.01. Accord and Satisfaction. No payment received by Landlord of a lesser amount than the Rent or other charges due hereunder shall be deemed to be other than on account of the earliest stipulated rent or other charges nor shall any statement on a check or any letter accompanying a payment of rent or other charges be deemed an accord and satisfaction. Landlord may accept payment without prejudice to Landlord's right to recover the balance of rent or other charges or pursue any remedy in this Lease. Section 10.02. Entire Agreement. This Lease and Exhibits A and B, attached hereto, set forth all covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the premises. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties hereto -8- other than as herein set forth. No subsequent change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. Section 10.03. No Partnership. Landlord does not in any way become a partner, joint venturer, or member of a joint enterprise with Tenant by virtue of this Lease. Section 10.04. Force Majeure. If either party is delayed from the performance of any act required hereunder by reason of labor troubles, inability to procure materials, failure of power, restrictive governmental regulations, riots, insurrection, war, or like reasons not the fault of the party delayed, then the period for performance of the act, (except for the payment of Rent which shall not he affected), shall be extended for a period equivalent to the period of the delay. Section 10.05. Waiver. The waiver by Landlord or-Tenant-of-any breach of-any term, covenant, or condition herein shall not be deemed to he a continuing waiver of the term, covenant or condition. The acceptance of Rent by Landlord shall not be deemed a waiver of any preceding breach by Tenant of any covenant herein, other than the failure of Tenant to pay the Rent so accepted. No covenant, term or condition of this Lease shall be waived by Landlord or Tenant, unless the waiver be in writing. Section 10.06. Notices. Any notices given or required to he given to Landlord shall be sent or personally delivered to the parties hereto at the addresses shown on the first page of this Lease. Notice shall be deemed given when deposited in the U.S. Mail, postage prepaid and correctly addressed, by certified mail, to the respective parties or when personally delivered. Section 10.07. Partial Invalidity. If any provision of this Lease or any specific application shall be invalid or unenforceable, the remainder of this Lease, or the application of the provision in other circumstances shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 10.08. Memorandum Lease. Landlord and Tenant, upon the request of either party, shall execute a Memorandum of Lease in the form acceptable to both parties. Either party shall be entitled to record the Memorandum of Lease with the appropriate land title registry of the state in which Premises is located. If such recording is required by law, each party shall execute and deliver to the other and/or the appropriate land title registry all documents necessary to accomplish such recording. Section 10.09. Quiet Possession of Premises. Landlord covenants and warrants to the best of its knowledge that Landlord has full right and authority to enter into this Lease for the full term hereof. So long as Tenant fulfills the conditions and covenants required of Tenant under this Lease, Tenant shall have peaceful and quiet possession of the premises. -9- Section 10.10. Remedies Cumulative. Except as otherwise provided herein, all remedies conferred on Landlord and Tenant by this Lease shall be deemed cumulative and no one exclusive of the other or any other remedy conferred by law. Section 10.11. Binding Effect. The covenants and agreements contained in this Lease shall bind the respective successors, heirs, and legal representatives of the parties hereto. Section 10.12. Applicable Law. This Lease shall be governed by the internal laws and decisions of the State of Minnesota. Section 10.13. Counterparts. This Lease may be executed in any number of counterparts, each of which when executed and delivered shall be deemed an original, but such-counterparts-together-shall-constitute one-and-the same-inst-rument --- Section 10.14. Mutual Waiver of Subrogation. Landlord and Tenant each hereby waives any right by way of subrogation as against the other arising out of transactions or occurrences which are the subject of payment of insurance proceeds by reason of casualties, injuries, or damages insured pursuant to this Lease, to the extent that such subrogation rights are permitted to be mutually waived by said policies, and said policies, to the extent permitted, shall recognize this mutual waiver of subrogation. IN WITNESS WHEREOF, this Lease has been made, executed and delivered as of the date and year first set forth above. LANDLORD: CITY OF BLAINE By: Its: TENANT: SPRING LAKE PARK FIRE DEPARTMENT, INC. By: Its: -10- EXHIBIT A DESCRIPTION OF THE PREMISES Parcel One (Station 1) 1710 Highway 10, Spring Lake Park Lot 14, Auditor's Subdivision No. 89. Ramsey County, Minnesota, subject to the rights of the public in the northeasterly 25 feet thereof for Trunk Highway No. 10 and in the westerly 33 feet thereof for County Road. Parcel Two (Station 2) 1141 89th Avenue NE, Blaine The south 192.00 feet, as measured along the east line, of the south 876.66 feet of the west half of the east 17 acres of the .southwest quarter of the northwest quarter of Section 32, Township 31, Range 23 west, according to U.S. Government survey thereof. Except the east 33 feet and south 33 feet, as measured at right angles, all in Anoka County, Minnesota. Parcel Three (Station 3) 1314 109th Avenue NE, Blaine The West Two Hundred (200) feet of the following described tract: The West Five (5) acres of the North Ten (10) acres of the Northeast Quarter of the Northwest Quarter (NE; of NW';) of Section Twenty (20), Township Thirty- One (31), North of Range Twenty-three (23) West, Anoka County, Minnesota, except the south 100 feet, subject to easements of record. Parcel Four (Station 4) 10290 Lever Street, Blaine The North 210.0 feet of the East 344.0 feet of the Southeast of the Southwest ; of Section 24, Township 31, Range 23. Subject to an easement for Street purposes over the East 33 feet thereof, Anoka County, Minnesota. Parcel Five (Station 5) 1200 Paul Parkway, Blaine That part of Outlot G, DONNAY'S OAK PARK 15th, Anoka County, Minnesota, described as follows: -11- • Beginning at a point on the northeasterly line of said Outlot G. distance 833.32 feet southeasterly from the most northerly corner of said Gutiot G (said northeasterly line having an assumed bearing of South 54 dcgr cies 04 minutes 57 seconds east); thence South 31 degrees 34 minutes 02 seconds West a distance of 136 feet; thence North 54 degrees 04 minutes 57 seconds West a distance of 130 feet; thence North 31 degrees 34 minutes 02 seconds East a distance of 136 feet to the northeasterly line of said Outlot G; thence South 54 degrees 04 minutes 57 seconds East, along said northeasterly line, a distance of 130 feet to the point of beginning. Subject to a reservation by the State of Minnesota of minerals and mineral rights. • Parcel Six (Vacant Land on 91st Avenue NE) All that part of the North Half of the Northwest Quarter of Section 32, Township 31, Range 23, Anoka County, Minnesota described as follows: Commencing at the southwest corner of said North Half of the Northwest Quarter; thence North 89 degrees 40 minutes 46 seconds east, according to the Minnesota State Plane Coordinate System, South Zone, along the south line of said North Half of the Northwest Quarter a distance of 635.33 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 41 minutes 46 seconds East along said south line a distance of 250.00 feet; thence North 0 degrees 19 minutes 14 seconds West a distance of 168.00 feet to the southerly right of way line of proposed State Trunk Highway No. 10; thence North 60 degrees 25 minutes 52 seconds West along said right of way line a distance of 283.35 feet, more or less, to a point on a line which bears North 0 degrees 19 minutes 14 seconds West from the point of beginning; thence South 0 degrees 19 minutes 14 seconds East along said line a distance of 311.70 feet to the point of beginning and there terminating. Subject to a road easement over the south 33.00 feet thereof. NOTE: The southwesterly line of proposed State Trunk Highway No. 10 is assumed for the purposes of this survey, to be the southwesterly line of the 300 foot corridor held open by the City of Blaine, and as described herein is 300 feet southwesterly of, and parallel with, the City of Blaine property as surveyed of C.E.D., Inc. Subject to easements, restrictions and covenants of record, if any. -12- EXIIIBIT B DESCRIPTION OF LEASED EQUIPMENT -13- Agenda Section:9.B -w; Q ST FOR COUNCIL CONSIDERATION Report Number:94-1085C STAFF REPORT Report Date: 2-24-94 ? Councl Action: 0 Special Order of Business C OUNCIL MEETING DATE February 28, 1994 ❑ Pubiic Hearings 0 Consent Agenda IC Council Business Item Description: Consideration of Ordinance No. 535 Regarding Amendments to Chapter 1301 "Flood Plain Zoning" Administrator's ReviewiRecommendacion: 711 No comments to supplement this report - Comments attached. ExplanationiSummary1attach_supplement_sheets-as-necessary.) _- ---- aTJMtiLARy; In December of 1993, Staff met with representatives of the Department of Natural Resources to determine the effectiveness of the National Flood Insurance Program (NFIP) in Mounds View, review local floodplain management procedures and to assist with any local program related problems: The DNR is under contract with the Federal Emergency Management Agency (FEMA) to conduct these meetings at the local level. The results of this meeting were two-fold. First, the DNR was able to provide Staff with review forms and permit applications which can be incorporated into City, procedures to ensure that all applicable regulations are addressed at the time of permit review. The second part of the review focused on the City Flood Plain Ordinance and its applicability and.compliance with FEMA standards. Based on the review, the DNR asked Staff to make the changes you see reflected in the attached copy of Chapter 1301, "Flood Plain Zoning" (Over-struck items are proposed to be removed; Underlined items are proposed to be added) . The changes are mostly clarifications of existing requirements and additions of definitions required by NFIP. I have included a copy of the letter Staff received from the DNR following the December review for your information. Also attached is a copy of Chapter 1301 with the proposed changes and Ordinance No. 535 approving those changes. /7 PaUl Harrington, Cit Planner RECOMMENDATION: Waive reading and formally introduce Ordinance No. 535 amending Chapter 1301, "Flood Plain Zoning" and, set public hearing for 7: 05 p.m. Monday, March 14 , 1994 for consideration of the Ordinance. t ORDINANCE NO. 535 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF MOUNDS VIEW BY AMENDING CHAPTER 1301 ENTITLED "FLOOD PLAIN ZONING" The Council of the City of Mounds View does hereby ordain that Chapter 1301 of the Municipal Code of Mounds View shall be amended as—Indicated- on—the attached pages. Sections- that are over=struck shall be deleted and sections that are underlined shall be added. This Ordinance shall take effect thirty days after the date of its publication. Read by the City Council of the City of Mounds View this Read and passed by the City Council of the City of Mounds View this ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR APPROVED AS TO FORM: CITY ATTORNEY ( • ��S7SITAATE tOF Ute.. UPJEOUZ , DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-4032 DNR INFORMATION (612) 296-6157 December 27, 1993 The Honorable Jerry Linke Mayor, City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 Dear Mayor Linke: NATIONAL FLOOD INSURANCE PROGRAM COMMUNITY ASSISTANCE VISIT Thank you for the time that Paul Harrington spent with Molly Shodeen, Bret Anderson and Judy Boudreau on December 8, 1993 to discuss floodplain management in Mounds View. The meeting was conducted by our staff on behalf of the Federal Emergency Management Agency (FEMA) in consideration of your city's continued participation in the National Flood Insurance Program(NFIP). During the course of the meeting, several topics were discussed,some of which require follow-up action by the city: 1. Your Floodplain ordinance is non-compliant due to 1986 changes to federal requirements of the NFIP. Mr. Harrington supplied us with a copy of your ordinance which was most recently revised in 1992. It has since been reviewed by Mr.Anderson, and received conditional state approval on December 17, 1993. Although federal regulations only allow 90 days from the date of this visit for amendments to non-compliant ordinances, the deadline was extended to 90 days from the date of the conditional approval letter, or to March 17, 1994. It is suggested that you attempt to meet the federal deadline with substantial progress in order to avoid any possible sanctions imposed by FEMA. Because state law also requires that a proposed local ordinance be reviewed and approved 30 days prior to adoption, please send any drafts being considered for adoption to Ms. Shodeen by February 17, 1994. 2. Mr. Harrington is being sent a number of forms, one set having to do with amendments and revisions to the NFIP maps (to be used for the Harstad development) and the other set to be used as supplemental zoning administration forms (or at least to provide ideas for your own permit forms). The zoning administration forms were developed by DNR to address common oversights in floodplain/shoreland management decisions which could have been averted with the proper questions posed. Included in these forms is a Certificate of Occupancy (Form I) with an Elevation Certificate and Floodproofing Certificate on the back. We recommend that this form be used for any construction (or reconstruction) in the floodplain. AN EQUAL OPPOR' ti+'v EMPLOYER Mayor Jerry Linke Page 2 3. Mr.Harrington indicated that he could provide us with the information relating to the issuance of the permit for the Harstad subdivision. In addition, we would like any information about the background of the Landmark Estates development,as it relates to the adjacent floodplain. We would appreciate this information by the end of January, 1994. 4. Because the city is already very pro-active in floodplain management we would like to advise you of a fairly new federal program--the Community Rating System (CRS). Administered through FEMA, the CRS program is designed to reward communities that are doing more than meeting the minimum floodplain management by providing discounts on flood insurance premium rates (from 5% to 45% depending on the kind and degree of- additional floodplain management activities that a community undertakes). We provided Mr. Harrington with some information to determine if your current program would automatically qualify Mounds View for the 5% discount. In closing, the City is commended for the excellent job of floodplain management and ordinance implementation. Should you have any questions relating to routine floodplain management they should be directed to Ms. Shodeen at (612) 772-7910. If you or your staff have any questions regarding this assessment please contact Judy Boudreau at (612) 296-9224. Sincerely, .5(4:t Og azghi mm, Supervisor Land Use Unit OS/JB cc: Paul Harrington, City Planner(with attachments) Molly Shodeen,Area Hydrologist Dale Homuth,Regional Hydrologist Jeanne Kern, FEMA M0522-C Page 1301. 1 CHAPTER 1301 FLOOD PLAIN ZONING SECTION: 1301. 01: Findings of Fact 1301. 02 : Purpose 1301. 03 : Applicability, Scope and Interpretation 1301. 04: Definitions 1301. 05: Compliance with Provisions 1301. 06: Zoning Administrator 1301. 07: Board of Adjustment and Appeals 1301. 08 : Flood Plain Zoning Map Established 1301. 09: Regulatory Flood Protection Elevation 1301. 10: Flood Plain Zoning District (F. Z.D. ) 1301. 11: Use Permits 1301. 12 : Conditional Uses 1301. 13 : Nonconforming Uses 1301. 14 : Subdivisions 1301. 15: Public Utilities and Facilities 1301. 16: Amendments to Provisions 1301. 17 : Abrogation and Greater Restrictions 1301. 18 : Disclaimer of Liability 1301. 19 : Violation and Penalties ! 2R! 1301. 01: FINDINGS OF FACT: Subd. 1. Authorization: The Legislature of the State has, in Minnesota Statutes chaptcr 104 Chapter 103F and in the Mounds View Municipal Code, Title 1100, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows in this Chapter. Subd. 2 . Findings: a. Effect of Floods: The flood hazard areas of Mounds View are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. b. Methods Used to Analyze Flood Hazards: This Chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (Ord. 506, 4-27-92) 1301. 02 : PURPOSE: It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize those losses described MO522-C Page 1301. 2 in subdivision 1301. 01(2) a of this Chapter by provisions contained herein. (Ord. 506, 4-27-92) 1301. 03 : APPLICABILITY, SCOPE AND INTERPRETATION: Subd. 1. Application of Provisions: This Chapter shall apply to all lands within the jurisdiction of Mounds View shown on the Flood Plain Zoning Map as being located within the 100-year flood boundary. These lands are delineated as flood insurance zones A-i, A-2 , A-3 , A-4, A-6, A-7 or A-H. Subd. 2 . Interpretation: a. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. b. The boundaries of the zoning districts shall be determined by scaling distances on the Flood Plain Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Flood Plain Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field condition, the Planning and Zoning Commission shall make the necessary interpretation based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Planning and Zoning Commission and to submit technical evidence. (Ord. 506, 4-27-92) 1301. 04: DEFINITIONS: Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this Chapter its most reasonable application. Subd. 1. ACCESSORY USE or STRUCTURE: A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. Subd. 2 . BASEMENT: Means any area of a structure, including crawl spaces, having its floor or base subqrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Subd. 2— 3 . EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of floodway boundaries so that flood plain lands on both sides of a flooding source are capable of conveying a proportionate share of flood flows. Subd. 4— 4 . FLOOD: A temporary increase in the flow or stage of a MO522-C Page 1301. 3 lake or other flooding source that results in the inundation of normally dry areas. Subd. 5. FLOOD FREQUENCY: The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Subd. 6. FLOOD FRINGE: That portion of the flood plain outside of the floodway. Subd. 7. FLOOD PLAIN: The areas which have been or hereafter may be covered by the regional flood. Subd. 6— 8. FLOOD PLAIN ZONING DISTRICT: The area delineated A-1, A-2 , A-3 , A-4, A-6, A-7 or A-H on the Flood Insurance Rate Map attached to the Flood Plain Zoning Map. Subd. 9. FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 10. FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. Subd. 11. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection., excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 9— 12 . REACH: A length of a watercourse or water body having relatively the same flood hazard. Subd. 10. 13 . REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. Subd. - 14 . REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than one foot (1' ) above the elevation of the regional flood; except Judicial Ditch No. 1, Hillview and Lois Drive flood areas shall have an elevation no lower than two feet (2' ) above regional flood plus any increases in flood heights attributable to encroachment on the flood plain. It is the elevation to which uses regulated by this Chapter are required to be elevated or f loodproof ed. Subd. 12 . 15. STRUCTURE: Anything constructed or erected on MO522-C Page 1301. 1 ground or attached to the ground or on-site utilities, including but not limited to buildings, factories, sheds, detached garages, cabins, manufactured meb4Ie homes and other similar items. (Ord. 506, 4-27-92) 1301. 05: COMPLIANCE WITH PROVISIONS: No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations which apply to uses within the jurisdiction of this Chapter. (Ord. 506, 4-27-92) 1301. 06: ZONING ADMINISTRATOR: A Zoning Administrator designated by the City Councils shall administer and enforce this Chapter. If he finds a violation of the provisions of this Chapter, he shall notify the person responsible for such violation and order the action necessary to correct it. (Ord. 506, 4-27-92) 1301. 07: BOARD OF ADJUSTMENT AND APPEALS: A Board of Adjustment and Appeals is established as provided in Title 1100 of the Municipal Code2. Subd. 1. Powers; Adoption Rules: The Board of Adjustment and Appeals shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by State l aw3. Subd. 2 . Administrative Review: The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this Chapter. Subd. 3 . Variances: The Board may authorize, upon appeal in specific cases, such variance from the terms of this Chapter as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of the Chapter will result in unnecessary hardship so that the spirit of the Chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area or permit standards lower than those required by 1. See Section 1125. 05 of this Code, City Clerk-Administrator to serve as Zoning Administrator. 2 . See subdivision 1125. 02 (1) and Chapter 402 of this Code. 3 . M. S.A. §462 . 357, subdivision 6. MO522-C Page 1301. 2 State law. Subd. 4 . Hearings: Upon filing with the Board of Adjustment and Appeals of an appeal from a decision of the Zoning Administrator or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing. Subd. 5. Decisions: The Board shall arrive at a decision on such appeal or variance within thirty (30) days after public hearing of such appeal or variance. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of the Chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from. It shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in subdivision 1301. 12 (7) of this Chapter which are in conformity with the purposes of this Chapter. Violations of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this Chapter punishable under Section 1301. 19 hereof. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Subd. 6. Appeal to the City Council and District Court: Appeals from any, decision of the Board may be taken by any persons, jointly or severally, aggrieved by any decision of the Board or any taxpayers, officer, department, board or bureau of the Municipality, to the City Council. The decision of the City Council may be appealed to the District Court, of this jurisdiction as provided in Minnesota Statutes 462 . 361. (Ord. 506, 4-27-92) Subd. 7 . Flood Insurance Notice and Record Keeping: The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. 1301.08 : FLOOD PLAIN ZONING MAP ESTABLISHED: The Flood Plain Zoning Map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this Chapter. The attached material shall include the Flood N0522-C Page 1301. 3 Insurance Study for the City of Mounds View prepared by the Federal Insurance Administration dated March 3 , 1983, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official Zoning Map shall be on file in the office of the Clerk-Administrator. (Ord. 506, 4-27-92) 1301. 09 : REGULATORY FLOOD PROTECTION ELEVATION: The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot (1' ) above the elevation of the regional flood. (Ord. 506, 4-27-92) 1301. 10: FLOOD PLAIN ZONING DISTRICT (F. Z.D. ) : Subd. 1. District Established: The flood plain areas within the jurisdiction of this Chapter are hereby defined to be those areas delineated A-1 to A-4, A-6, A-7 and A-H on the Flood Insurance Map attached to the Flood Plain Zoning Map. Subd. 2 . District Regulations: a. Permitted Uses: The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the F. Z.D. to the extent that they are not prohibited by any other ordinance and provided they do not require structures or additions to outside dimensions of existing structures, fill, excavation or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or of any drainage ditch or any other drainage facility or system. (1) Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,. forestry, sod farming and wild crop harvesting. (2) Industrial-commercial uses, such as loading area or parking areas. (3) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and single or multiple purpose recreational trails. (4) Residential uses, such as lawns, gardens, parking areas and play areas. (5) Travel Trailers and travel Vehicles provided they meet the following criteria: _ (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking MO522-C Page 1301. 4 system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/vehicle has no permanent structural type additions attached to it. b. Conditional Uses: The following open space uses require accessory structures (temporary or permanent) or fill or storage of materials or equipment. These uses may be permitted in the F. Z.D. only after the issuance of a conditional use permit as provided in Section 1301. 12 of this Chapter. (1) Structures accessory to open space uses. (2) Placement of fill. (3) Extraction of sand, gravel and other materials. (4) Marinas, boat rentals, docks, piers, wharves and water control structures. (5) Railroads, streets, bridges, utility transmission lines and pipelines. (6) Storage yards for equipment, machinery or materials. (7) Other uses similar in nature to uses described in subdivisions la and lb hereofwhich are consistent with the provisions set out in Section 1301. 02 and this Section. c. Standards for F. Z.D. Conditional Uses: (1) All Uses: No structure (temporary or permanent) , fill (including fill far roads and levees) , deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use which, acting alone or in combination with existing or reasonably anticipated future uses, increases flood heights. In addition, all F. Z.D. conditional uses shall be subject to the standards contained in subdivision 1301. 12 (5) of this Chapter and the following standards of this subdivision 3 . (2) Fill: (a) Any fill deposited in the F. Z.D. shall be no more than the minimum amount necessary to conduct a conditional use listed in subdivision 2b hereof. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not, in any way, obstruct the flow of flood waters. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi- structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a M0522-C• Page 1301. 5 change of special flood hazard area designation will be requested. (b) Spoil from dredging or sand and gravel operations shall not be deposited in the F. Z.D. unless it can be done in accordance with subdivision C2a above. (3) Accessory Structures: Temporary or permanent accessory structures permitted as conditional uses by subdivision 2b1 hereof. (a) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the Regulatory Flood Protection • Elevation. The finished fill elevation must be no lower than one foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. (b) All Uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. (a) Sc) Accessory structures shall not be designed for human habitation. (b) (d) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (c) (e) Accessory structures shall be floodproofed in accordance with the State Building Code1 . (4) Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. (5) Structural Works for Flood Control: Structural works for flood control, such as dams and channel enlargements that will 1. See Section 1001. 01 of this Code. MO522-C Page 1301. 6 change the course, current or cross-section of a public water, shall be subject to provisions of Minnesota Statutes 105 103G. (Ord. 506, 4-27-92) 1301. 11: USE PERMITS: Subd. 1. Permit Required: A use permit issued by the Zoning Administrator in conformity with the provisions of this Chapter shall be secured prior to the erection, addition or alteration of any building, structure or portion thereof prior to the use or change of use of building, structure or land, prior to the change or extension of a nonconforming use and prior to the placement of fill or excavation of materials within the Flood Plain Zoning District. Subd. 2 . Application for Permit: Application for a use permit shall be made in duplicate to the Zoning Administrator on forms furnished by him and shall include the following where applicable: Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials and the location of the foregoing in relation to the stream channel or water body. Subd. 3 . State and Federal Permits: Prior to granting a use permit or variance or processing an application for the conditional use permit, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits. Subd. 4 . Certificate of Zoning Compliance for a New, Altered or Nonconforming Use: It shall be unlawful to use, occupy premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Chapter. Where a nonconforming use or structure is extended or substantially altered, the certificate of zoning compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Chapter. Subd. 5. Construction and Use to Comply: Use permits, conditional use permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this Chapter. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect. MO522-C Page 1301.7 Subd. 6. Record of First Floor Elevation: The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He shall also maintain a record of the elevations to which structures or additions to structures are floodproofed. (Ord. 506, 4-27-92) 1301. 12 : CONDITIONAL USES: The City Council shall hear and decide applications for conditional uses permissible under this Chapter. Applications shall be filed with the Clerk-Administrator who shall forward the application to the Planning and Zoning Commission for consideration. The Planning and Zoning Commission shall, in turn, refer application to the City Council for decision as provided in the Municipal Code. Subd. 1. Hearings: Upon referring to the City Council an application for a conditional use permit, the City Council shall submit, by mail, to the Commissioner of Natural Resources a copy of the application for proposed conditional uses sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing. Subd. 2 . Decisions: The Planning and Zoning Commission shall consider the request at its next regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case, the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The Clerk-Administrator shall refer said application along with all related information to the City Planning and Zoning Commission at least ten (10) days prior to the regular meeting. The City Council shall then arrive at a decision on a conditional use within sixty (60) days after the first regular Planning and Zoning Commission meeting at which the request was considered. In granting a conditional use permit, the City Council may prescribe appropriate conditions and safeguards, in addition to those specified in subdivision 7 hereof which are in conformity with the purposes of this Chapter. Violations of such conditions and safeguards, when made part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Chapter punishable under Section 1301. 19. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Subd. 3 . Procedures for Evaluating Proposed Conditional Uses: a. Upon receipt of an application for a conditional use permit for a use within the F. Z.D. , the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning and Zoning Commission for the determination of the regulatory flood protection elevation: Plan (surface view) showing elevations or contours of the ground; pertinent MO522-C Page 1301.8 structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream and soil type. b. One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall calculate the water surface profile of the regional flood. c. Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the regulatory flood protection elevation at the site. Subd. 4 . Procedures for Planning and Zoning Commission and City Council for Passing on Conditional Use Permit Applications: a. Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning and Zoning Commission and City Council for determining the suitability of the particular site for the proposed use: (1) Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage or materials, floodproofing measures and the relationship of the above to the location of the stream channel. (2) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. b. Transmit one copy of the information described in subdivision 4a above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damageto the use, the adequacy of the plans for protection and other technical matters. c. Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Subd. 5. Decision of the City Council: In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this Chapter; and a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others. MO522-C Page 1301. 9 c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for• the area. j . The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 1. Such other factors which are relevant to the purposes of this Chapter. Subd. 6. Time for Acting on Application: The City Council shall act on an application in the manner described above within the time limits given above, except where additional information is required pursuant to subdivisions 3 and 4 of this Section. The City Council shall render a written decision within fifteen (15) days from the receipt of such additional information beyond the time limits given above. Subd. 7 . Conditions Attached to Conditional Use Permit: Upon consideration of the factors listed above and the purpose of this Chapter, the City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Chapter. Such conditions may include, but are not limited to, the following: a. Modification of waste disposal and water supply facilities. b. Limitations on period of use, occupancy and operation. c. Imposition of operational controls, sureties and deed restrictions. d. Requirements of construction of channel modifications, dikes, levees and other protective measures. MO522-C Page 1301. 10 e. Floodproofing measures, in accordance with the State Building Code' . The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (Ord. 506, 4-27-92) 1301. 13 : NONCONFORMING USES: A structure or the use of a structure or premises which was lawful before the effective date herein but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions: Subd. 1. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. Subd. 2 . No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty percent (50%) of its assessed value at the time of its becoming a nonconforming use unless the entire structure is permanently changed to a nonconforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. Subd. 3 . Any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be floodproofed in accordance with the State Building Code2. Subd. 4 . If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this Chapter. The assessor shall notify the Zoning Administrator, in writing, of instances on nonconforming uses which have been discontinued for a period of twelve (12) months. Subd. 5. If any nonconforming use is destroyed by any means, including floods, to an extent of fifty percent (50%) or more of its assessed value, it shall not be reconstructed, except in conformity with the provisions of this Chapter. Subd. 6. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. Subd. 7 . Nonconforming uses located in the F. Z.D. shall be eliminated or brought into conformity with the standards contained in this Chapter within a reasonable period of time, as determined by the City Council, after a hearing for each such nonconforming use. The City Council shall make its determination upon the basis of the normal life of any improvement upon the premises. In addition, the monetary value of any competitive 1. See Section 1001. 01 of this Code. 2 . See Section 1001. 01 of this Code. MO522-C Page 1301. 11 advantage derived by the operation of such nonconforming use, by reason of the limitation of establishment of competing businesses as a result of this Chapter, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Chapter. Subd. 8. The Zoning Administrator shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with subdivision 1301. 12 (7) of this Chapter. He shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Chapter. (Ord._ 506,_ 4-27-92)____ 1301. 14 : SUBDIVISIONS' : (a) No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewer treatment facilities. All lots within the flood plain zoning districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Chapter and have road access both to the subdivision and to the individual building sites no lower than two feet (2 ') below the regulatory flood protection elevation. (Ord. 506, 4-27-92) (b) For all subdivisions in the flood plain, the Floodway and the Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. (c) Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 1301. 15:. PUBLIC UTILITIES AND FACILITIES: Subd. 1. Public Utilities: All public utilities and facilities, such as gas, electrical, sewer and water supply systems, to be located in the F. Z.D. shall be floodproofed in accordance with the State Building Code2 or elevated to above the regulatory 1. See Title 1200 of this Code. 2 . See Section 1001. 01 of this Code. MO522-C Page 1301. 12 flood protection elevation. Subd. 2 . Public Transportation Facilities: Railroad tracks, roads and bridges to be located within the F. Z.D. shall comply with subdivisions 1301. 10 (2) c(1) and (2) c(2) of this Chapter. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption or transportation services would not endanger the public health or safety. (Ord. 506, 4-27-92) 1301. 16: AMENDMENTS TO PROVISIONS: Subd. 1. The flood plain designation on the Flood Plain Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Subd. 2 . All amendments to this Chapter, including amendments to the Flood Plain Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Flood Plain Zoning Map also require prior approval by the Federal Insurance Administration. (Ord. 506, 4-27-92) 1301. 17: ABROGATION AND GREATER RESTRICTIONS: It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. In all cases, provisions of Chapter 1010, Wetland Zoning Regulations and the Local Water Management Plan dated February 12 , 1990, subject to subsequent revisionsi , shall be considered more restrictive than this Chapter. (Ord. 506, 4-27-92) 1301. 18 : DISCLAIMER OF LIABILITY: This Chapter does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Chapter shall not create liability on the part of Mounds View or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. (Ord. 506, 4-27-92) 1. See Chapter 1302 of this Title. r 1 MO522-C ! Page 1301. 13 o • 1301. 19: VIOLATION AND PENALTIES: Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined as provided in Section 104 . 01 of this Code and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein ' contained shall prevent the City Council from_ taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 506, 4-27-92 ; 1993 Code) Agenda Sec-'on: 9•C ST FOR COUNCIL CONSIDERATION Report Nuraber. 94-1086C Report Date: 2-24-94 STAFF REPORT .g.';' Cannel Acton: February 28, 1994 NC SpenalOrder ofBusiness C COUCIL MEETING DATE Puretic Hearings G Consent Agenda • ff Council Business Item Description: Consideration of Resolution for Public Hearing on the Question of Establishing An Economic Development Authority for the City Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summar/-(attach-supplement-sheets-as necessary.) ,cTTM'Vf ARy: One of the recommendations of the FOCUS 2000 Business, Growth and Development Team is to establish an Economic Development Authority. This recommendation is also consistent with the Council's goal of creating a mechanism by which the City can enhance its economic development opportunities. The purpose of the FOCUS 2000 was to engage community members in the planning activities for the future of their community. It is clear by the quality of participation and final report that a number of very dedicated residents and business owners greatly value having a part in shaping the ' future of Mounds View. To that end, it is a pleasure for staff to present to the Council and the FOCUS 2000 members the first action step in the ' process of establishing a viable economic development program in the City of Mounds View. In order to begin the process, it will be necessary to hold a public hearing on the establishment of the Economic Development Authority. Because of the more restrictive publication requirements (published twice, one week apart and no more than 30 days prior to the hearing) , it is necessary to schedule the public hearing for the last meeting in March. . The City's Bond Counsel, Jim O'Meara has been working on the documents which will formally establish the EDC and will be. present at the March 7th Work Session to review the procedures with the Council. -7 Samntha Orduno, City Administrator RECOMMENDATION: Motion to waive the reading and approve Resolution No. 4514 Calling for Public Hearing on the Question of Establishing an Economic Development Authority for the City RESOLUTION NO. 4514 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CALLING FOR PUBLIC HEARING ON THE QUESTION OF ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY IT IS HEREBY RESOLVED by the City Council of the City of Mounds View, Minnesota,--as follows: 1. Recitals. (a) The City is authorized pursuant to Minnesota Statutes, Sections 469.090 through 469 . 108, to establish an Economic Development Authority for the City. (b) The Council desires to initiate the process for considering the establishment of such an Economic Development Authority. 2 . Public Hearing. The Council shall hold a public hearing at its regularly scheduled meeting to be held on Monday, March 28, 1994, on the question of establishing for the City an Economic Development Authority, and the City Administrator is hereby authorized and directed to cause notice of that public hearing, substantially in the form attached to and made a part of this resolution, to be published in the City's official newspaper once a week for two consecutive weeks prior to the scheduled public hearing date, with the first publication occurring no earlier than 30 days prior to the public hearing date. Adopted this 28 day of February, 1994 . ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR NOTICE OF PUBLIC HEARING ON THE PROPOSAL TO ESTABLISH AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF MOUNDS VIEW Notice is hereby given that the City Council (the "Council") of the City of Mounds View, Minnesota, will hold a public hearing on Monday, March 28 , 1994, at a meeting of the Council beginning at approximately 7: 00 p.m. , C.T. , in the Mounds View City hall Council Chambers relating to the question of establishment by the City of an economic development authority (the "EDA") pursuant to. Minnesota Statutes, Sections 469 . 090 through 469 . 108 . Following-the--public hearing the Council will-consider -a -certain-- -- - enabling resolution (the "Enabling Resolution") which would establish the EDA. The Enabling Resolution, a copy of which is on file and available for inspection in the City offices, would authorize the EDA to exercise all powers granted to such authorities pursuant to the above-mentioned statutes and would designate. five as the number of Commissioners to be the governing body of the EDA, all of which Commissioners would be members of the City Council. Should the Council adopt the Enabling Resolution, an organizational meeting of the EDA will follow the adjournment of the Council meeting. All interested persons may appear at the public hearing and present their views orally or in writing. Samantha Orduno, City Administrator .Publication Dates: March 16 , 1994 and March 23 , 1994 4116 .111 RESOLUTION NO. ENABLING RESOLUTION ESTABLISHING THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY UNDER MINNESOTA STATUTES, SECTIONS 469.090 THROUGH 469. 108 BE IT RESOLVED by the City Council (the "Council") of the City of Mounds View, Minnesota (the "City") , as follows: 1. Recitals. The City is authorized pursuant to Minnesota Statutes, Sections 469. 090 through 469.108 (the "Economic Development Authority Act") , to establish an economic development authority for the City, and the Council desires to do so in order to promote the economic, commercial, housing, and industrial development and redevelopment of the City and in order to consolidate the activities heretofore undertaken by or on behalf of the City in those areas. The City has caused notice of a public hearing on the establishment by the city of an economic development authority to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to such notice, a public hearing on said question has been held by the Council on the date hereof, at which hearing all persons desiring to present their oral or written comments on this proposal were given an opportunity to do so. 2. Establishment of Economic Development Authority. Pursuant to the Economic Development Authority Act, the Council hereby establishes an economic development authority for the City, to be known as the Mounds View Economic Development Authority (the "EDA") . The EDA shall be governed by a board of commissioners thereof consisting of the five members of the Council, and the term of each such commissioner of the EDA shall coincide with that commissioner's membership on the City Council. 3. Powers. The EDA shall have all powers given to an economic development authority pursuant to the Economic Development Authority Act, as the same may be amended or supplemented. Duly adopted by the City Council of the City of Mounds View, Minnesota, on March 28, 1994. 223948 Z d 11769880998 '01\1/170:8 l 'ZS/90:8l 176R 'ZO (Q2M) g1799-EH- 19 'IllVd 'ZS NVU ON SOOIITQ WOU 14, City Clerk-Administrator 's certificate The undersigned, being the duly qualified and acting City Clerk-Administrator of the City of Mounds View, Minnesota, does hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Mounds View City Council at a duly called and regularly held meeting thereof on March 28, 1994. said resolution relates to the establishment by the city of the Mounds View Economic Development Authority. Councilmember moved the adoption of said resolution, the reading of which was waived by the unanimous consent of the City Council. Councilmember seconded said motion, and upon vote-being-takenthereonthe--following - - - - Councilmembers voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly adopted. Witness my hand as such City Clerk-Administrator and the official seal of this City this day of , _ 1994. City Clerk-Administrator (SEAL) • 2ZS948 - S d CP69880998 'ON/170:81 28/90:8I 176 ,H a(GEA) 9P99-8H-Z19 'IflVd 'ZS NVD OIC 2 SIBIES U�OH