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HomeMy WebLinkAboutAgenda Packets - 1992/08/24 CITY OF MOUNDS VIEW CITY COUNCIL AUGUST 24, 1992 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 Quick Wuori Blanchard Rickaby 4 . APPROVAL OF MINUTES: August 10, 1992 Regular Meeting COUNCIL ACTION: A T D AGENDA PAGE TWO AUGUST 24, 1992 5. SPECIAL ORDER OF BUSINESS: No special order of business scheduled for this meeting. 6. 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 7. PUBLIC HEARINGS: 7 : 05 a.m. - To consider Approving an Electrical Energy Franchise Agreement with Northern States Power, Staff Report No. 92-351C a. Introduction of Ordinance No. 517 Approving an Electrical Energy Franchise Agreement with Northern States Power COUNCIL ACTION: A T D Comments: 7: 10 a.m. - To consider Approving an Gas Energy Franchise Agreement with Northern States Power, Staff Report No. 92-352C a. Introduction of Ordinance No. 518 Approving an Gas Energy Franchise Agreement with Northern States Power COUNCIL ACTION: A T D Comments: AGENDA PAGE THREE AUGUST 24, 1992 7:15 a.m. - To consider an Ordinance Implementing a Franchise Fee on Gas and Electric Utilities, Staff Report No. 92-353C a. Introduction of Ordinance No. 519 Approving a Franchise Fee on Gas and Electric Utilities COUNCIL ACTION: A T D Comments: 7:20 a.m. - To consider LAWCON Grant Application, Staff Report No. 92-354C a. Resolution No. 4273 Application for LAWCON Grant COUNCIL ACTION: A T D Comments: 8. CONSENT AGENDA: A. Adopt Resolution No. 4270 Approving Just and Correct Claims Against City Funds B. Adopt Resolution No. 4269 Ratifying Election Judges for the State Primary Election, Staff Report No. 92- 355C C. Licenses for Approval Kennels - Commercial - Expires August 31, 1992 Sham-O-Jet - Renewal Heating and Air Conditioning - Expires 6/30/93 Air One Mechanical Company - New AGENDA PAGE FOUR AUGUST 24, 1992 Fire Protection - Expires 6/30/93 Independent Fire Protection, Inc. - Renewal COUNCIL ACTION: A T D Comments: 9. COUNCIL BUSINESS: A. Consideration of Introduction of Ordinance No. 516 Amending Chapter 104 of the Municipal Code entitled, "Garbage and Rubbish", Staff Report No. 92-356C COUNCIL ACTION: A T D Comments: yi B. Consideration of Adoption of Ordinance No. 514 Amending Chapter 116 of the Mounds View Municipal Code entitled, "Itinerant Amusement Rides, Carnivals and Circuses" COUNCIL ACTION: A T D Comments: C. Consideration of Adoption of Ordinance No. 515 Amending Chapter 64 of the Mounds View Municipal Code entitled, "Civil Defense" COUNCIL ACTION: A T D Comments: AGENDA PAGE FIVE AUGUST 24, 1992 10. REPORTS: 1. Report of Councilmembers: Rickaby, Quick, Blanchard, Wuori 2 . Report of Mayor Linke 3 . Report of Administrator 4. Report of Staff 5. Report of Attorney 11. ADJOURNMENT: NEXT COUNCIL WORK SESSION: SEPTEMBER 8, 1992 NEXT COUNCIL MEETING: SEPTEMBER 14, 1992 i APPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA • Regular Meeting August 24, 1992 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER 1 e Mounds View 'City Council was called to order by Mayor Linke at 7: 00 p.m. Monday, August 24, 1992 . PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ROLL CALL MEMBERS PRESENT: Councilmembers Rickaby, Blanchard, Quick, Wuori and Mayor Linke. MEMBERS—ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator, Paul Harrington, City Planner, Don Brager, Finance Director, Mary Saarion, Director of Parks, Recreation and Forestry and City Attorney, Jim Thomson APPROVAL OF MINUTES: MOTION/SECOND: Rickaby/Wuori to approve August 10, 1992 minutes as presented. VOTE: 5 ayes 0 nays Motion Carried Mounds View City Council Page Two Regular' Meeting August 24, 199.2 SPECIAL ORDER OF BUSINESS: Warren Braun, President of the Mounds View Lion's Club, presented to the City of Mounds View a check for $4, 000 for equipment purchase for the police department; a check for $4, 000 to help fund the handicapped entrance for City Hall and a donation through the Police Department for books of $496 given to the Child Safety Council on behalf of the Mounds View Lions Club. Mayor Linke also reported that the Mounds View Lions Club had entered a contest for videos on the subject of, "What Lionism means to members. " Mounds View received second place internationally. This video will be shown on a-"View From the Mound" in the-near future. - RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Lindsay Little, 5539 St. Michael Street, presented a petition to appeal Resolution No. 4253 Approving the Greenfield Estates Development Project Mr. Little stated that twenty-five percent of the registered voters had been contacted in the City and 90 percent of those voters signed the petition. Mr. Little stated that the purpose of this petition is not to deny Mr. Harstad access to build on his land, but is in opposition to encroaching onto wetland boundaries and have the development taken to a vote. PUBLIC (HEARINGS • Mayor Linke opened the public hearing to consider an Electrical Energy Franchise Agreement with Northern States Power at 7: 07 p.m. Samantha Orduno, City Administrator, reviewed Staff Report 92-352C regarding Ordinance No. 517 Approving an Electrical Energy Franchise Agreement with Northern States Power Company. Orduno stated that the purpose of this franchise is to grant NSP permission to construct, operate, repair and maintain an electric distribution system within the City of Mounds View. Orduno further stated that this franchise provides for clear, concise performance stipulations both for the City and NSP in regards to the use of public ground, relocation of electric facilities, and required permit procedures. The-f-r-anchise-agreement-was-reviewed-by NSP and_by theCity Attorney. The franchise agreement is modeled after the old franchise agreement. The agreement gives the City more control with regard to permitting processes. Bill Lang, 2915 Bronson Drive, stated he was a seven year resident of the City and was satisfied with the fiscal responsibility of the Council. Mr. Lang asked why 20 years was selected for the franchise agreement and does the agreement contain a termination clause. Mayor Linke response was that 20 years is the standard timeframe of an agreement of this type and the agreement does contain termination language both for NSP and for the City. S unds View City Council Page Three gular Meeting August 24, 1992 Naja Werner, 2765 Sherwood Road, asked what is the difference between this franchise agreement and the franchise agreement that is being proposed. Mayor Linke explained that now inspections can be performed on Northern States Power and also, Northern States Power has to get permits to do work in the City. Orduno stated that the this franchise is the same as the current franchise other than it contains new language with regards to permits. The new part of-the agreement is the__payment schedule. Bill Frits, 8072 Long Lake Road, stated that if the City gives NSP the franchise that gives them a monopoly to give gas and electric to anyone in Mounds View. Mayor Linke stated that it is a non-exclusive franchise with Northern States Power but for practical purposes it is exclusive. Bill Frits asked how much of the City is on tax increment financing. Mayor Linke responded, 2%. '11 Frits asked how Everest and Sysco will be affected. Will those sinesses also pay' Northern States Power and will those funds be returned to the City? Mayor Linke stated that those businesses will pay to NSP and the funds will be returned to the City. Mayor Linke also explained that this is not part of homeowner's property tax. This franchise will add 4% on the resident's electric bill. This is a fee but it could be considered as a tax. Naja Werner asked Northern States Power if residents would have in a decision, where the neighborhood is older and cable has to be replaced, overhead or underground. Mr. Dave Schwartz, Northern States Power representative, stated that when NSP renews areas it normally does overhead to overhead. Schwartz stated that to convert a home to underground would take an electrician. Residents would definitely have a say. Joe Foss, 8358 Knollwood Drive, presented some environmental concerns to the Council and the public. A general discussion followed regarding environmental issues regarding individual communities as well as global communities. Mayor Linke stated that this franchise is a document that addresses Northern Agates Power to provide electricity to the City of Mounds View and that it simply a26Xdocumentf operation. Mounds View City Council Page Four Regular Meeting August 24, 199 411 Mr. Foss sited some statistics regarding certain cities not using hardwoods. from the rain forest and why. Mayor Linke stated that the City of Mounds View does use recycled material, when possible. The City's letterhead and envelopes as well as copy paper are recycled products. Bill Frits asked about the pipe being installed on Long Lake Road and to is safety for the environment. Mr. Frits stated that NSP is running gas line (plastic) on Long Lake Road and leaving the old, large steel line in place and it will not be removed. Mr. Frits wanted to know how this would affect the environment. Dave Schwartz, NSP representative, stated that the old lines are generally always left in place. These are steel lines and all they do is rust. Pat Rickaby, Councilmember, stated that perhaps Joe Foss's suggestions were not practical for application to this document, but it is the right of citizens to make their views known. Pat stated that the City has an Environmental Quality Task Force and perhaps Mr. Foss would be interested in joining that group. It is important to gather more people to do things for the environment. Mayor Linke asked that if Mr. Foss is interested he should fill out an application. Bill Frits stated he was on that task force once buy he quit receiving information and notification of their meetings. Mayor Linke closed the public hearing at 7:34 p.m. MOTION/SECOND: Wuori/Blanchard to waive the actual reading, introduce Ordinance No. 517 Approving the Electric Energy Franchise Agreement with Northern States Power and approve the date for consideration of approval as September 14, 1992. Councilmember Rickaby asked if this ordinance is for the franchise agreement and another ordinance would establish the fee. Jim Thomson, City Attorney, stated that Ordinance 517 pertains to the electric franchise, Ordinance 518 to the gas franchise and and Ordinance 519 to establish a fee if the Council so chooses. Mayor Linke stated that Ordinance 519 sets maximum fee of 4%. VOTE: 5 ayes 0 nays Motion Carried Mayor Linke opened the public hearing at 7:37 p.m. to consider a Gas Energy Franchise with Northern States Power. Samantha Orduno, City Administrator, reviewed Staff Report 92-352C regarding Ordinance No. 518 Approving a Gas Aligands View City Council Page Five 11Pgular Meeting August 24, 1992 Franchise Agreement with Northern States Power Company. Orduno stated that the purpose of this franchise is to grant NSP a new 20 year franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy in the City of Mounds View. This franchise agreement is modeled after the existing gas franchise but also incorporates stipulations currently used in the metro area. The franchise further provides for a monthly payment schedule for payment of franchise fees in the event such fees are imposed. -- Dia ori, -Councilmembsr_-stated that on pacge2,_ Section 3 .2 the document states electric and it should be gas. There was also a change on page 5 from electric to gas. MOTION/SECOND: Quick/Wuori to waive the actual reading, introduce Ordinance No. 518 Approving a Gas Energy Franchise Agreement with Northern States Power and approve the date for consideration of approval as September 14, 1992 with changes made to pages 2 and 5. Mayor closed the public hearing at 7 :39 p.m. VOTE: 5 ayes 0 nays Motion Carried 411tayor Linke opened the public hearing to consider the implementation of a s and electric franchise fee at 7:40 p.m. Samantha Orduno, City Administrator, reviewed Staff Report No. 92-353 regarding the implementation of a gas and electric franchise fee. Orduno went through the rationale for the fees including the history of why the street light utility and gas and electric franchise fee revenue programs via transparencies. The street light program was implemented last November and will automatically terminate on ' December 31, 1993 unless reenacted by the Council after the required public hearing. Orduno further stated that franchise fees represent an alternative taxation method which constitutes a broadening of the tax base to include all users of City services and does not place additional tax burdens on the one taxation method over which residents have little control, property valuation and subsequent property tax calculation. These fees-would-be-paid by all users and would be less out-of-pocket expense than a property tax would be. Rich Wollins, Pioneer Schwinn, 2661 County Road I, who is on the Board of Directors for the Mounds View Business Association. Mr. Wollins stated that in his opinion this is a business tax. Imposition of a further tax on businesses which could cause the City to loose these businesses, especially those who depend on large amounts of electricity. By imposing this tax it makes this City uncompetitive. If the businesses leave the residents will pick up the taxes for the vacant properties. Rich Wollins complemented the City on its staff and stated that the Council has done an outstanding job. Mr. Wollins stated that he felt the tax increment financing that has been Wne in the City was a good move. When the dividends come on line it will eatly help the City. Mounds View City Council Page Six Regular Meeting August 24, 1992 mk IIP Bill Werner asked what Schwinn's percentage would be in regard to the gas and electric fee. Mr. Wollins stated it to be $470. Phil Sipe, 2400 County Road J, Sysco, stated that he is in the food warehouse business where he needs to maintain ambient temperatures. The refrigeration and frozen areas use a tremendous amount of electricity. This franchise fee would be a tremendous disadvantage to his business. Charlie Hall, Mermaid, 2200 Highway 10, for the past twenty years. Mr. Hall stated he is happy and proud to have his business in Mounds View. Mr. Hall complemented__S_ama thaon _being a_ very good business person. Mr. Hall went on to say that he doesn't drive a nice new car, nor does his wife or daughter - - that he just doesn't have the money to purchase a new car. Mr. Hall stated that the Mermaid looks like a flourishing business, but it takes a lot of electricity to keep the building running. Mr. Hall stated that he used to pay the highest property tax in the City. Mr. Hall believes everyone should pay their fair share. Perhaps each person should pay a higher tax. NSP could raise the franchise fee to 5% or 6%. One suggestion might be to give the people who use alot of electricity and gas a cap. Mr. Hall proposed a cap of $200 to $300. Mr. Hall stated that he doesn't have an extra $2600 per year. Mr. Hall stated he paid $78, 000 in taxes three years ago. I.t is tough to do. In 1987/88 Mr. Hall stated that he went to the bank to borrow money to stay in business. Mr. Hall stated he simply can't afford anymore. • Ed Donatelle, 5269 Jeffrey Drive in Mounds View, resident and owner of Donatelle's Supper Club. Mr. Donatelle stated that he doesn't have the money to hand over that easily for another tax. Mr. Donatelle stated that perhaps the City could delay this franchise fee and put a task force together to study another alternative. Mr. Donatelle stated that because he is a resident he will also pay an additional $100 to $200 for his use of electricity and gas at home. Neal Hamlin, 2260 Woodale Drive, owner of Garment Graphics: Mr. Hamlin explained that he owns a business that consumes alot of electrical energy. Mr. Hamlin stated—that—his companyprovides125 to 150—fun—time—jobs—In • • - en who s•oke above Mr. Hamlin leases his building and his lease is up in two years. Mr. Hamlin stated that it would be taxes like this which would make him consider moving out of the City. Rich Wollins stated that if the tax is imposed the City of Mounds View will be on the road to seeing more vacant buildings. The City should wait for the economic situation to turn around. Another tax will just force people out. Mayor Linke asked Mr. Wollins if he would rather see the possible implementation of a franchise fee or an increase in property tax. Mr. Wollins stated the he would rather see the property tax because it wou. ounds View City Council Page Seven gular Meeting August 24, 1992 be less. A discussion followed regarding what the average homeowner would end up paying in comparison to the business with regards to both property tax and implementation of the franchise fee. Charlie Hall stated that he just took his first week's vacation since 1988. Mr. Hall stated that he has 130 employees that look to him to have their check be good. Mr. Hall stated that he had to go to the bank once already to stay in business. Hall further stated that he has put in energy saving lights and he can't afford to turn the lights down because someone will trip and will sue_him. Mr. Hall said he works at the Mermaid just like everyone else cleaning toilets, bussing tables and cutting grass. Bill Werner, 2765 Sherwood Road asked how much money will the total business community pay? Orduno stated that she did not receive the franchise agreement in time to calculate it out. The businesses are paying more. Sue Hankner, 8046 Woodlawn Drive, stated that the city has put no serious increases on the residents over the last ten years due to very conservative City Council over that period of time. Out of a resident's tax dollar the County receives 27 percent and the school district 5 percent. The people alio up here and talk about this tax and Hankner stated she does not \Philosophically agree with it either, but the school district and the County are really the culprits. No one goes to their meetings and challenges them. No one holds County Commissioner Duane McCarty responsible for the decisions that he makes. Mr. McCarty blames others. Someone has to hold the County accountable. Someone has to stop the school district. The school district did not like the City Council looking at their budget. Hankner stated that the City of Mounds View has excellent business people and that perhaps the Mayor could invite them in and show them the budget and meet with other political subdivisions and give the County some suggestions on how they might operate. Naja Werner asked Sue ask -ed if—the Councilmembers—should—be—down—atthe County meetings and school district meetings. Hankner suggested the people of the community should be at those meetings. Naja Werner stated that the School District and Council do not listen to them. Werner stated that at a Council Meeting in November discussing the franchise fee and people objected to it because it was just another tax. Werner stated that the people chosen to represent the residents made the decision and didn't listen to the people. Naja went on further to say that the City is a bloated bureaucracy. The City needs to cut back and have staff do more work. * yor Linke stated that the City is not a bloated bureaucracy. There are 39 11 time employees working for the City which is four square miles wide and has a population of 13 , 000 people. Mayor Linke compared surrounding cities Mounds View City Council Page Eight Regular Meeting August 24, 1996 to Mounds View and also stated that the City is overtaxing the people employed now. Councilmember Quick pointed out to the residents how much of the burden is being shifted from the County to the City with regards to road turnbacks. It was further pointed out the Ramsey County dispatch services will increase by $13, 000. Starting in 1993 there will be an approximate increase to the City of $5, 000. more to process prisoners. These costs are all out of the City's control. -rduno_stated- that—thererias—am excellen roup of well informed people at the meeting. The City has only hired four new staff people in the last five years. The City took over snowplowing to save funds. The City is trying to save money. Orduno stated that the City will now have to pay sales tax and it is not clear on what sales tax will have to paid. The ADA law will cost the City lots of money. AWAIR law making sure cities have a safety commissions and to do safety audits. The City is mandated to make sure all residents have an environmentally safe garbage collection service. The franchise fee is a way to make revenues to meet the needs of the residents with affecting the homeowners property taxes. A general discussion evolved regarding who will be paying the most in dollars with the implementation of the franchise fee, commercial, industrial" or residential. Bill Lang, resident, commented that the franchise fee is tax deductible for the businesses as a business expense and will save quite a bit of money. This would be a tax savings of approximately 40%. 34% is the statutory tax rate for corporations and 9% on Minnesota state tax. Mr. Lang further stated that he did not realize that there was going to be a street light utility and a franchise fee. He stated that he understood it would be on or the other. Laurie Schley, 8423 Khdllwood Drive, stagthat everyone should—be—asking the Council and the County Commission and members of the School Board to promote clarity on the system. The problem is that it is a difficult property tax system to understand and most people, unless they have a PhD can't figure it out. Schley stated that she is in opposition to the fee because she does not want to pay NSP to buy down her property taxes. Ms. Schley stated she would rather pay the taxes and know what she is paying. Mayor Linke stated that there are three ways to raise revenues for the City. One is property taxes, another would be enterprise or user fees and the other would be franchise fees. Joe Foss commented on ways to create funds through more energy efficient ways of using fuels which are less damaging to the environment. 411 unds View City Council Page Nine alar Meeting August 24, 1992 Councilmember Rickaby stated that regarding environmental concerns gas is more environmentally safe that fuel oil and those users are not being taxed. People using natural gas are subsidizing those who are using less environmentally safe ways. This fee taxes those of us who are using better methods of heating environmentally. Rickaby further stated that as far as budget and taxes, that this is nothing more than a tax. Rickaby stated that the people should be taxed and the City should be straight about it. The City is under a crunch, businesses are under a crunch and homeowners are too. Everybody needs an income and has to come up with creative ways to bring money in. --Ricka�y sta e - a the City has not finished the budget process but is looking at another source of revenue or tax and then deciding what to spend it on. The City has been frugal in the past because of levy limits. The City now can increase your taxes however much it wants. Mayor Linke stated that the Council sat down and figured out the costs of services the City is providing for the last four years. There has been an increase in only one step and that is a police officer which has been needed for the past three years. Mayor Linke stated that perhaps Councilmember Rickaby should have set her priorities and been at the last budget meeting. .uncilmember Rickaby stated that the budget meetings sheattended were dressed to "pie in the sky" items. Councilmember Rickaby stated that the meeting had been changed to a night where she had a conflict with the Environmental Quality Task Force Meeting that she needed to attend and that she had set her priorities. Naja Werner stated that she is in agreement with the lady who spoke previously. Increase the property taxes if necessary. Bill Frits commented that the City needs to look where it is going and what it can do about this economic situation that is out of control. The City has to decide whether or not to implement a tax ,or fee or cut costs.. Bill Frits stated that it had been said that the City will receive more money because the churches and school district will pay the franchise fee. Where does the school district get money for franchise fee -- the school district will increase the taxes on NSP and then back to Mounds View.. ' Mayor Linke stated that the City has burdens that it has no control of. The City has not raised services and added only one police officer. Linke stated that property taxes do not give the City the opportunity for control. Councilmember Quick stated that if the money from NSP comes in monthly the State can't get its fingers into it like it can when it is half in July and half in December. This is a continuous form of cash flow and it does buy 4Nwn the taxes. The state takes away the Local Government Aid. Federal kes away from state, the county from the city, state from the county and city, city from the city and the city dumps on the residents. Mounds View City Council Page Ten Regular Meeting August 24, 1992 111 Charlie Hall thanked the Council for listening. Mr. Hall stated that the businesses are willing to pay their fair share. Mr. Hall encouraged to set a cap on the franchise fee for businesses so that such .a large percentage isn't taken from such a small group. Dave Schwarz, NSP, stated that the franchise fee is a direct tax to consumers. NSP does pay personal property tax in Mounds View and real estate taxes that are at the same mill as any other commercial property. Some of this the County gets through fiscal disparities, part goes to the school district and then to the City. NSP is in opposition to the franchise fees, but it is not NSP's position to intervene. Mayor Linke stated that he has been very pleased with Northern States Power and how they have dealt with the City. Bill Frits asked how much is paid per month for the streetlights in Mounds View. The amount was $48 , 000 per year. Mayor Linke closed the public hearing at 8:02 p.m. MOTION/SECOND: Quick/Wuori to Approve an Ordinance No. 519 Implementing a Franchise Fee on Gas and Electric Utilities VOTE: 4 ayes 1 nays Motion Carried • Mayor Linke opened the public hearing for the LAWCON Grant Application at 8:05 p.m. Mary Saarion, Director of Parks, Recreation and Forestry reviewed this grant which requests $12,500 of matching federal funds for the paving of Silver View Park. The City's match is already budgeted for in the Capital Fund for 1993 . This grant would give the City the opportunity to pave the north side of the trail as specified in the Silver View Park Improvement Plan. This trail would then be accessible to those with disabilities and would allow multi-use of the trail. Mayor Linke closed the public hearing at 8 : 07 p.m. „• •N SECOND: Blanchard Rickab to adopt Resolution No. 4273 Resolution of Application for LAWCON Grant VOTE: 5 ayes 0 nays Motion Carried CONSENT AGENDA Mayor Linke introduced the Consent Agenda. Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke removed Item C. from the Consent Agenda. MOTION/SECOND: Wuori/Quick to approve the Consent Agenda minus Item C. unds View City Council Page Eleven lar Meeting August 24, 1992 VOTE: 5 ayes 0 nays Motion Carried Mayor Linke expressed some personal problems with an item on the licensing list and asked to abstain from the vote. MOTION/SECOND: Wuori/Blanchard to approve Item C. , Licenses for Approval VOTE: 4 ayes 0 nays 1 Abstention Motion Carried COUNCIL BUSINESS: A. Carla Asleson, Recycling Coorindator, reviewed Staff Report No. 92-3456C regarding Ordinance No. 516 Amending Chapter 104 of the Municipal Code Entitled, "Garbage and Rubbish" . Asleson stated that all cities of 5, 000 or more persons ensure that all businesses and residential households either have solid waste collection or are using an environmentally sound alternative. MOTION/SECOND: Wuori/Blanchard to approve introduction and waive the reading of Ordinance No. 516 Amending Chapter 104 of the Mounds View Municipal Code entitled, "Garbage and Rubbish" • VOTE: 4 ayes 0 nays Motion Carried (Vote was taken with Councilmember Quick not present as he had stepped out of the Council Chambers - 9 :50 p.m. ) . B. Samantha Orduno, City Administrator, reviewed Ordinance No. 514 Amending the Municipal Code of Mounds View By Amending Chapter 116, Entitled"Itinerant Amusement Rides, Carnivals, Circuses" . This Ordinance was introduced on August 10 and is a housekeeping item regarding the amount of liability insurance. MOTION7SECOND: Wuori/Blanchard-to-adopt-Ordinance-No. 514 Amending the Municipal code of Mounds View by Amending Chapter 116 Entitled, "Itinerant Amusement Rides, Carnivals and Circuses" (Adoption of Ordinances require a roll call vote. ) Mayor Linke - aye Councilmember Wuori - aye Councilmember Blanchard - aye Councilmember Rickaby - aye Councilmember Quick - aye Motion Carried •. Samantha Orduno, City Administrator, reviewed Ordinance No. 515 By Repealing Chapter 64 Entitled, " Civil Defense" , and Adopting Mounds View City Council Page Twelve Regular Meeting August 24, 19S a New Chapter 64 Entitled, "Emergency Services" . Orduno explained this is changing language throughout the document from civil defense to emergency services to be in conformance with State Law. MOTION/SECOND: Blanchard/Rickaby to adopt Ordinance No. 515 By Repealing Chapter 64 Entitled, "Civil Defense", and Adopting a New Chapter 64 Entitled, "Emergency Services" (Adoption of Ordinances require a roll call vote. ) +gayer---Linke-=-aye Councilmember Wuori - aye Councilmember Blanchard - aye Councilmember Rickaby - aye Councilmember Quick - aye Motion Carried REPORT OF COUNCILMEMBERS: Councilmember Rickaby - No report. Councilmember Ouick - No report. Councilmember Blanchard - No report but would like to commend the Mounds View Lions Club for a donation of twelve Teddy Bears to the 0 Police Department to help them deal with stressed children. Councilmember Wuori - No report. REPORT OF MAYOR: Mayor Linke had no report. REPORT OF ADMINISTRATOR: A. Samantha Orduno, City Administrator, introduced Resolution No. 4274 regarding a Resolution Denying a Charitable Gambling Permit to Celebrity Bowl Charities, Inc. MOTION: Rickaby moved denial of Resolution No. 4274 Denying a Charitable Gambling Permit to Celebrity Bowl Charities, Inc. Motion failed due to lack of a second. MOTION: Rickaby moved to table Resolution No. 4274 Denying a Charitable Gambling Permit to Celebrity Bowl Charities, Inc. Motion failed due to lack of a second. MOTION/SECOND: Blanchard/Wuori to approve Resolution No. 4274 Denying a Charitable Gambling Permit to Celebrity Bowl Charities, Inc. ds View City Council Page Thirteen lar Meeting August 24, 1992 Mayor Linke stated that another application could be brought in. VOTE: 5 ayes 0 nays Motion Carried B. Council directed staff to obtain a quote from Short-Elliott- Hendrickson to research and recommend as to the feasibility of an 18 hole golf course rather than a 9 hole golf course. An investigation analysis would involve review of maps, field review and identification of wetland boundaries and a financialana pis--The cost would he $4_,-500 to be charged to the Golf Course Development Fund Councilmember Rickaby stated that this is just another effort to change existing wetland boundaries on the Watson properties. Rickaby stated that she is against bringing wetland boundaries in to meet City purposes. Mayor Linke stated that this is an investigation to see if there is any wetland on the property. Councilmember Quick stated that a portion of the land is wetland -- • but he didn't know if it was high or low quality. Councilmember Quick found Councilmember Rickaby's comment insulting. Quick stated that it is just another assumption that the intent of this Council is to dump every wetland in the City. Councilmember Quick further stated that the indication from the survey is that the residents of the want the City to own a golf course and want the City to operate it and use profits in whatever way the City sees fit. MOTION Quick moved to direct staff to negotiate a contract with Short-Elliott-Hendrickson not to exceed $4,500 to do a investigational analysis on the Watson property. SECONDED BY Councilmember Wuori. It was asked what the golf course had in the account. There is, approximately $60, 000 in that account. Councilmember Quick stated that he is a member of the Golf Course Task Force. Quick stated that it is important to have this information. Short-Elliott-Hendrickson is well known in their ability to delineate wetlands and let the City know what can and can't be done. SEH is familiar with the federal, state and wetland ordinances. The City is not going to go in and dump, fill and rape the wetlands. That is a fabrication. The City could not go in and buy the wetlands for $90, 000 per acre. It would bust the budget. Councilmember Rickaby stated that no one is accusing the City of raping, dumping or filling the wetlands. Those are the words of Councilmember Quick. Rickaby stated that the City does attempt to change boundaries. Mounds View City Council Page Fourteen Regular Meeting August 24, 199 VOTE: 4 ayes 0 nays Motion Carried C. I was scheduled to be on vacation but will spend time going over the petition that was brought in. Per the charter the City has to respond to the petition in 10 days. Council should schedule a special meeting date for September 2, 1992 to declare the validity of the petition. Mayor Linke stated that he would like to recommend Tim Smith, a former police officer, to be a Golf Course Task Force Member representing the --residents -a_t large._ Mr. Smith lives at 823. 3 Pleasant View Drive and does his fair share of golfing. MOTION/SECOND: Linke/Wuori to place Tim Smith's name on the Golf Course Task Force as a representative of the residents at large VOTE: 5 ayes 0 nays Motion Carried Report of Attorney No report. There being no further business before the Council, Mayor Linke adjourned 411 the meeting at 10:18 p.m. Mayor Linke announced the dates of the special meeting, the next agenda session and the next Council meeting. Respectfully submitted, ilfeea/L4-1 Michele Severson Deputy Clerk Agenda Section: 7 :05 — a. nit MOMS REQUEST FOR COUNCIL CONSIDERATION Report Number: 92-351C STAFF REPORT Report Date: 8-21-92 EW Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE AUGUST 24, 1992 Xl Public Hearings ❑ Consent Agenda ❑ Council Business Item Description: ORDINANCE NO. 517 APPROVING AN ELECTRICAL ENERGY FRANCHISE AGREEMENT WITH NORTHERN STATES POWER COMPANY Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY: Attached please find the proposed ordinance which would grant Northern States Power a new 20 year franchise with the City of Mounds View. The purpose of the franchise is to grant NSP permission to construct, operate, repair and maintain an electric distribution system within the City of Mounds View. It also provides for clear, concise performance stipulations both for the City and NSP in regards to the use of public ground, relocation of electric facilities, and required permit procedures. The franchise has been reviewed and approved both by the City Attorney and representatives from NSP. It is a standard franchise, modeled, in part, after the existing franchise but also incorporating language and stipulations currently standard in many metro area cities. One provision which has changed is the payment schedule for franchise fees. The previous franchise provided for annual payment of franchise fees, the new agreement provides for a monthly payment schedule. The new franchise is not an exclusive franchise and is consistent with State requirements. The franchise, if approved by the Council, will become effective 60 days after its adoption. The expense of publishing the ordinance will be paid by NSP. Sam Orduno, City Admi istrator R._ECOMMENDATION: Motion to waive the actual reading, introduce Ordinance No. 517 Approving an Electrical Energy Franchise Agreement with Northern States Power, and approve the date for consideration of approval as September 14, 1992. ELECTRIC ENERGY FRANCHISE ORDINANCE NO. 517 CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MOUNDS VIEW, MINNESOTA AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPUR- TENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF MOUNDS VIEW ORDAINS: SECTION 1. DEFINITIONS. The following terms shall mean: 1 . 1. City. The City of Mounds View, County of Ramsey, State of Minnesota. 1 .2 . Company. Northern States Power Company, a Minnesota corporation, its successors and assigns . 1 . 3 . City Utility System. The facilities used for providing sewer, water, or any other public utility service owned or operated by City or agency thereof. 1.4 . Electric Facilities . Electric transmission and distribu- tion towers, poles, lines, guys, anchors, ducts, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. 1 .5. Notices . Any notice required by this franchise shall be su-f-f-is-ient if, in-the case of notice to-Company_,-it_i.s delivered to Northern States Power, attention Division General Manager, 414 Nicollet Mall, Minneapolis, Minnesota 55402 . Notice to City shall be delivered to the City Administrator. 1. 6 . Public Ground. All streets, alleys, public ways, utility easements and public grounds of the City to which it has the right to grant the use to the Company. SECTION 2 . FRANCHISE. 2 . 1 . Grant of Franchise. The City hereby grants Company, for a period of twenty years (20) from the Effective Date, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be JMS39308 MU125-11 extended in the future. For these purposes, the Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds of the City subject to the provisions of this ordinance. The Company may do all reason- able things necessary or customary to accomplish these purposes, subject, however, to zoning ordinances, other applicable ordinanc- es, permit procedures, and to the further provisions of this franchise. 2 .2 . Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law (and the City Charter) . An acceptance by the Company must be filed with the City Clerk within 60 days after publication. 2 . 3 . Nonexclusive Franchise. This is not an exclusive franchise. 2 .4 . Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2 .5 . Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. If the Company is in default as to any part of this franchise, the City may, after reasonable notice to the Company and the failure of the Company to cure the default within 60 days, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the municipality for all its reasonable costs and for its costs of collection, including attorney fees . Nothing in this section shall bar the Company from challenging the City' s claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the City. SECTION 3. CONDITIONS OF USE. 3 . 1 . Use of Public Ground. Electric Facilities shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the City. The permit conditions may provide for the right of inspection by the City, and the Company agrees to make its Gas Facilities available for inspection at all reasonable times and places . JMS39308 2 MU125-11 3 .2 . Field Locations . The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3 .3 . Permit Required. The Company shall not open or disturb the paved surface of Public Ground for any purpose without first having obtained a permit from the City, for which the City may impose a reasonable fee. Permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities . In such event the Company shall notify the City by telephone to the office designated by the City before opening or distributing a paved surface of Public Ground. Not later than the second working day thereafter, the Company shall obtain any required permits and pay any required fees . 3 .4 . Restoration. After undertaking any work requiring the opening of Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of the Company. The Company shall upon demand, pay the City the cost of such work performed by the City, including its direct and indirect costs, plus ten percent additional as liquidated damages . This remedy shall be in addition to any other remedy available to the City. 3_._5 . Shared Use—of—Poles. The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by the Company because of such use by City. 3 . 6 . Relocation of Electric Facilities . Except as provided in Section 3 .7, if the City determines to vacate for a City improvement project, or to grade, regrade, or change the line involving any Public Ground, or construct or reconstruct any City Utility System involving any Public Ground, it may order the Company to relocate its Electric Facilities located therein. The Company shall relocate its Electric Facilities at its own expense. JM839308 MU125-11 3 The City shall give the Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line involving any Public Ground or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse the Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, the Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires the Company to relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably- necessary -or-the construction- or - reconstruction of Public Ground or City Utility System or other City improvement. Nothing herein relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. The City may further require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substan- tial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Company' s expense. ` 3 . 7 . Projects with State or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161 .46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation-and the_loss_and exp_ense_resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 3 . 8. Vacation of Public Ground. The City shall give the Company at least two weeks ' prior written notice of a proposed vacation of a Public Ground. Except where required for a City street or other improvement project, the vacation of Public Ground, after the installation of Electric Facilities, shall not operate to deprive the Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. In no case, however, shall the City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160 .29 . JMS39308 MU125-11 4 SECTION 4 . FRANCHISE FEES. 4 . 1. Separate Ordinance. During the term of this franchise, the City may impose on the Company a franchise fee of not more than four (4%) percent of the Company's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted nor fee be effective until 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. Section 2 .5 shall constitute the sole remedy for solving disputes between the Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this ordinance is effective. No preexisting ordinances--impost/1g a-few shall- be -ef feet-rve--agans-tom e Compang-- _ unless it is specifically awarded after the effective date of this ordinance following the procedures of this section 9 for the adoption of a new separate ordinance. A separate ordinance which does not impose a uniform franchise fee on all revenues within the definition of gross revenues shall not be effective against the Company. 4 .2 . Terms Defined. The term "gross revenues" means all sums received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. Gross revenues excludes any surcharge or similar addition to the Company' s charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee. 4 . 3 . Collection of the Fee. The franchise fee shall be payable monthly, and shall be based on the gross revenues of the Company during the preceding month. The payment is due on the last business day of the month following the month for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice require- ments and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The time and manner of collecting thfranchise fee is subject Lo the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times . SECTION 5 . TREE TRIMMING. The Company may trim all trees and shrubs of the City' s Public Grounds interfering with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall hold the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. JMS39308 5 MU125-11 SECTION 6 . INDEMNIFICATION. 6 . 1 . Hold Harmless . The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City' s negligence as to the issuance of permits for, or inspection of, the Company' s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of C-ompany~s—determinati-c r. 6 . 2 . Litigation. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced in defense of the claim by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company shall not settle such litiga- tion without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7 . CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8 . SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. SECTION 9 . PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to the Company or its predecessor. SECTION 10 . NO WAIVER. Failure to enforce any of these provisions shall not be deemed a waiver of any provision of this franchise. 314839308 6 MU125-11 SECTION 11 . AMENDMENT. This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company' s written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. Passed and approved Mayor ATTEST: Clerk 324839308 7 MU125-11 Agenda Section:7 :10 — a OMGMSREQUEST FOR COUNCIL CONSIDERATION Report Number: 92-352C Report Date: 8-21-92 nit STAFF REPORT Council Action: ❑, Special Order of Business CITY COUNCIL MEETING DATE AUGUST 24 , 1992 )IE Public Hearings 0 Consent Agenda ❑ Council Business Item Description: ORDINANCE NO. 518 APPROVING A GAS ENERGY FRANCHISE AGREEMENT WITH NORTHERN STATES POWER COMPANY Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. EXplanation/Summary_(attach supplement sheets as necessary.)_____ SUMMARY; Attached please find the proposed ordinance granting Northern States Power a new 20 year franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy in the City of Mounds View. Similar to the previously discussed ordinance regarding an electric franchise, the gas franchise governs the use of public ground, restoration, relocation of gas facilities, street improvements and required permits. Similar to the electric franchise, the gas franchise is modeled after the existing gas franchise but also incorporates stipulations currently used in the metro area. The franchise further provides for a monthly payment schedule for payment of franchise fees in the event such fees are imposed. The franchise agreement is not an exclusive franchise and the cost of publishing the ordinance will be paid by NSP. 0' ' 0/ 0 XLe-t.4-6)-- • . Orduno, City Adm. istrator RECOMME-NDATION; Motion to waive the actual reading, introduce Ordinance No. 518 Approving an Gas Energy Franchise Agreement with Northern States Power, and approve the date for consideration of approval as September 14, 1992 . GAS ENERGY FRANCHISE ORDINANCE NO. 518 CITY OF MOUNDS VIEW, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING NORTHERN STATES POWER, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRI- BUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF MOUNDS VIEW, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF MOUNDS VIEW ORDAINS: SECTION 1. DEFINITIONS. The following terms shall mean: 1 . 1 . City. The City of Mounds View. 1 .2 . Company. Northern States Power, a Minnesota corporation, its successors and assigns. 1 . 3. Gas . Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1 .4 . Gas Facilities . Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurte- nances owned or operated by the Company for the purpose of providing gas energy for public use. 1 .5 . Notices . Any notice required by this franchise shall be sufficient if, in the case of notice to the Company, it is delivered to Northern States Power, attention Vice President Gas Utility, 825 Rice Street, St. Paul, Minnesota 55117 . Notice to the City-shall-be-delivered to the-City-Admin str-ator-. 1 . 6 . Public Ground. All streets, alleys, public ways, utility easements and public grounds of the City to which it has the right to grant the use to the Company. SECTION 2 . FRANCHISE. 2 . 1 . Grant of Franchise. The City hereby grants Company, for a period of twenty (20) years from the Effective Date, the right to import, manufacture, transport, distribute and sell gas for public and private use in the City, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the Public Ground of the City, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to JM539256 MU125-11 zoning ordinances, other applicable ordinances, permit procedures, and the provisions of this franchise. 2 .2 . Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law (and the City Charter) , and its acceptance by the Company in writing filed with the Municipal Clerk within 60 days after publication. 2 . 3 . Nonexclusive Franchise. This is not an exclusive franchise. 2 .4 . Publication Expense. The expense of publication of this ordinance shall be paid by the Company. 2 .5 . Default. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. If the Company is in default as to any part of this franchise, the City may, after reasonable notice to the Company and the failure of the Company to cure the default within 60 days, take such action as may be reasonably necessary to abate the condition caused by the default, and the Company agrees to reimburse the municipality for all its reasonable costs and for its costs of collection, including attorney fees . Nothing in this section shall bar the Company from challenging the City' s claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the City. SECT_LON 3 CONDITIONS OF USE . . * - - . a . - • - . - • constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of Public Ground, and shall be subject to permit conditions of the City. The permit conditions may provide for the right of inspection by the City, and the Company agrees to make its Gas Facilities available for inspection at all reasonable times and places . 3 . 2 . Field Locations . The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request by the City. The period of time will be considered reasonable if it compares favorably with JMS39256 2 MU125-11 the average time required by the cities in the same county to locate municipal underground facilities for the Company. 3 . 3 . Permit Required. The Company shall not open or disturb the surface of any Public Ground for any purpose without first having obtained a permit from the City„ for which the City may impose a reasonable fee to be paid by the Company. The permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The mains, services and other property placed pursuant to such permit shall be located as shall be designated by the City. The Company may, however, open and disturb the surface of any Public Ground without a permit where an emergency exists requiring the immediate repair of its facilities -The Company in-suchevent shall request a permit not later than the second working day thereafter. 3.4 . Restoration. Upon completion of any work requiring the opening of any Public Ground, the Company shall restore the same, including paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two years thereafter in good condition. Said work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in good condition, the City shall have the right to put it in good condition at the expense of the Company; and the Company shall, upon demand, pay to the municipality the cost of such work performed by the City, including its direct and indirect costs plus ten percent additional as liquidated damages . This remedy shall be in addition to any other remedy available to the City. 3 .5 . Relocation of Gas Facilities . The Company shall promptly, with due regard for seasonal working conditions, per- manently relocate its Gas Facilities whenever the City orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regrading, changing the location or shape—of—o-r—otherwise—impr_oving_any Public Ground or constructing or reconstructing any sewer or water system therein, the relocation shall be at the expense of the Company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the City. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the Company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for such relocation costs, it shall notify the City within thirty days after receipt of such order. The City shall give the Company reasonable notice of plans requiring such relocation. Nothing contained in this subsection shall require the Company to remove and replace its mains or to cut and reconnect its service JMS39256 MU125-11 3 pipe running from the main to a customer's premises at its own expense where the removal and replacement.or cutting and reconnect- ing is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the Company' s facilities while performing any work in any Public Ground. 3 . 6 . Relocation When Public Ground Vacated. The vacation of any Public Ground shall not operate to deprive the Company of the right to operate and maintain its facilities therein. Unless ordered under Section 3 .4, the Company need not relocate until the reasonable cost of relocating and the loss and expense resulting from such relocation are first paid—to the—Company. then -the vacation is for the benefit of the City in the furtherance of a public purpose, the Company shall relocate at its own expense. 3 .7 . Projects with State or Federal Funding. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161 .46 as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 3 .8. Street Improvements, Paving or Resurfacing. The City shall give the Company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improve- ments—are to be made, the extent of the improvements and the time when the City will start the work, and, if more than one street is involved, the order in which this work is to proceed. The notice shall be given to the Company a sufficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its facilities the Company deems necessary. In cases where streets are at final width and grade, and the City has installed underground sewer and water mains and service connections to the property line abutting the streets prior to a permanent paving or resurfacing of such streets, and the Company's main is located under such street, the Company may be required to install gas service connections prior to such paving or resurfac- JM839256 MU125-11 4 ing, whenever it-is apparent that gas service will be required during the five years following the paving or resurfacing. SECTION 4 . FRANCHISE FEES. 4 . 1 . Separate Ordinance. During the term of this franchise, the City may impose on the Company a franchise fee of not more than four (4%) percent of the Company's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted nor fee be effective until 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. Section 2 .5 shall constitute the sole remedy for solving disputes between the Company and the City in regard to the interpretation of-;—or enforcement-6f the separate - ordinance. No action by the City to implement a separate ordinance will commence until this ordinance is effective. No preexisting ordinance imposing a fee shall be effective against the Company unless it is specifically awarded after the effective date of this ordinance following the procedures of this section 9 for the adoption of a new separate ordinance. A separate ordinance which does not impose a uniform franchise fee on all revenues within the definition of gross revenues shall not be effective against the Company. 4 .2 . Terms Defined. The term "gross revenues" means all sums received by the Company from the sale of gas to its retail custom- ers within the corporate limits of the City. Gross revenues excludes any surcharge or similar addition to the Company's charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee. 4 .3 . Collection of the Fee. The franchise fee shall be payable monthly, and shall be based on the gross revenues of the Company during the preceding month. The payment is due on the last business day of the month following the month for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice require- ments and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legal y c arge i s cus omers p i• • •- • - • imposing a surcharge equivalent to such fee in its rates for gas service. The time and manner of collecting the franchise fee is subject to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain. The Company agrees to make its gross revenues records available for inspection by the City at reasonable times . SECTION 5 . INDEMNIFICATION. 5 . 1 . Hold Harmless . The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property JMS39256 5 MU125-11 occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the Public Ground of the City, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. 5 .2 . Litigation. If a claim or action shall be brought against the City under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the City if written notice of the claim or action is promptly given to the company within a period wherein the Company is not prejudiced in the defense of such claim or action by lack of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City, and the Company in defending any action on behalf of the City shall be entitled to assert every defense or immunity that the City could assert in its own behalf . SECTION 6 . CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this franchise. Any governmental unit succeeding the City shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the City provided in this franchise. SECTION 7 . SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. SECTION 8. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes all previous franchises granted to the Company or its predecessors. SECTION 9 . NO WAIVER. Failure to enforce any of these provisions shall not be deemed a waiver of any provision of this franchise. SECTION 10 . AMENDMENT. This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company' s written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. JMS39256 MU125-11 6 Passed and approved Mayor ATTEST: Clerk JMS39256 MU125-11 7 ORDINANCE NO. 519 i CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON ELECTRIC AND NATURAL GAS UTILITY COMPANIES FOR THE OPERATION OF THE UTILITY WITHIN THE CITY OF MOUNDS VIEW The City Council of the City of Mounds View does ------------- - hereby ordain: SECTION I. PURPOSE Subdivision 1. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas and electrical services within the City of Mounds View. Subdivision 2 . Pursuant to City Ordinance No. 517 and Ordinance No. 518, and the Franchise Agreement between the City of Mounds View (the City) and Northern States Power Company (the 40 Company) , a franchise fee of not more than four (4%) of the Company's gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power and import, transport, sell and distribute gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinances 517 and 518. SECTION II. STATEMENT A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, for its electrical and gas franchises the City in the amount of 4-sof Northern States Power Company's gross revenues as defined in Section 4 of the Franchise Agreements. SECTION III. PAYMENT Said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4 of the Franchise Agreements. SECTION IV. SURCHARGE Any such supplier may add to its effective rates for the utility services on which the public utility gross earnings tax is • 1 Agenda Section: 7 :15 — a. OU M'1111, REQUEST FOR COUNCIL CONSIDERATION Report Number: 9 2-3 5 3C Report Date: 8-21-92 STAFF REPORT Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE AUGUST 2 4, 19 9 2 XI Public Hearings ❑ Consent Agenda ❑ Council Business Item Description: IMPLEMENTATION OF A GAS AND ELECTRIC FRANCHISE FEE Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summarv_iattachspleme_nt sheets as necessary.) SUMMARYi Last November, the Council considered implementation of two user-fee based revenue programs: a street light utility and franchise fees on gas and electric utilities. Both programs were developed to create a much needed program and services revenue without affecting an already overburdened property tax system. The impetus for consideration of two such programs was based on the following factors: * Continued reductions of Local Government Aids * Continued costly non-funded State mandates * Restructuring of property tax classifications resulting in less property tax. revenue at a time when operational costs are increasing. * A weak economy resulting in lower investment earnings, less development, fewer expansive residential building permits. * Declining residential market values, again resulting in less revenue * Need to reduce dependence on LGA. * Need to create a more equitable method of receiving revenues from-all—C-ity service users, * Prevention of severe reductions in essential services and elimination of expected services and programs. The street light utility was adopted with a "sunset" clause causing the program to automatically terminate on December 31, 1993, unless reenacted by the Council after the required public hearing. The street light utility, although a user-fee based program, does not raise additional revenue for tha Orduno, City A ministrator $ECOMMENDATIONz Motion to waive the actual reading and introduce Ordinance No. 519 Implementing a Gas and Electric Franchise Fee, and approve the date for consideration of approval as September 14, 1992 . STAFF REPORT AUGUST 24, 1992 PAGE TWO General Fund programs, but rather replaces property tax revenue with utility revenue to pay the electric costs for the City's street lights. Revenue from the street light utility cannot be used for any General Fund expenditure. The franchise fee, which was always presented as a form of taxation, would have raised approximately $260,000 annually and also could have been used to offset property taxes by funding police, fire and other essential General Fund programs. The franchise fee was not adopted. One of the reasons was that the franchise agreements provided only for a one-time annual payment after a one year time period. Members of the Council and many residents objected to the fact that the franchise fees would be collected over a one year period but the City would not receive the revenues nor any interest gained from the monies for an additional year. Such an arrangement was deemed unacceptable by the City Council. In 1992 another factor was added to the eight precipitating factors previously outlined -- imposition by the State onto cities of the 6.5% sales tax. The result was a projected $35, 000 to $40, 000 non- budgeted increase in operational costs for the City in 1992 and a projected operational increase of $80, 000 for budget year 1993 . While levy limits were lifted, the potential threats to future LGA reductions still loom into the future for budget year 1993 and beyond. A crystal ball does not exist anywhere that can foretell the degree to which cities will lose promised revenue from the State, the economy will begin visible recovery and property values will end their decline. What we do know is that resident expectations and demands for services continue to increase and the City's operating budget-is far below-the-rate of inflation. The-1992-General Fund operating budget is almost 2% below the 1991 budget. Inflation for 1992 is between 3 .8 and 4%. On June 1, 1992 the City began paying 6.5% sales tax on all specified expenditures -- this was not a budgeted item and, in effect, further decreased the City's operating budget. Earlier this year, staff was directed to negotiate a new franchise agreement with Northern States Power which would incorporate a provision for a monthly payment of franchise fees effective after only a 30-90 day period. This timeframe is required to allow the Public Utilities Commission to give the necessary approval. A new franchise agreement was negotiated with NSP which provided for the monthly payment of franchise fees. STAFF REPORT AUGUST 24, 1992 PAGE THREE The franchise fee provisions of both the gas and electric franchise agreements provide for a maximum of 4% of the utility company's gross operating revenues to be paid to the City for use of the public land, use of the City's equipment, staff and services and for the privilege of conducting a gas and electric energy business within the City limits. The franchise fee is a form of taxation. It has never been presented otherwise— fit ism—form of taxation because the bottom_ line result from the City's imposition of the fee onto NSP is that the company will pass the cost onto the residential, commercial and industrial users in Mounds View. However, franchise fees represent a fair and equitable method of taxation and are a common, acceptable business practice which is not new to Mounds View, nor new to the cities in and around the Metro area. Several years ago, Mounds View and 9 other Ramsey County cities entered into a franchise agreement with Group W Cable Company. The franchise allowed Group W to operate and maintain cable operations in the cities. As part of that franchise, a franchise fee of 5% of gross operating revenues was imposed on the cable company by each of the 10 cities. The company passed those costs onto the customers and is reflected in what each customer pays for basic cable service. However, the revenue the City receives from the franchise fee can only be used to fund the City's municipal cable operations and the 10 city Cable Commission. There are no such restrictions on utility franchise fees. The funds can be used to buy down property taxes and fund necessary programs without further encumbrances on a person's home or business property tax. Prop?rty tax inrreasPs can be held at bay, but at the same time the City will have funds to continue programs which the residents desire (summer playground programs, senior citizen programs, the D.A.R.E. program, neighborhood watch, maintenance of City parks and recreation facilities) . It will also provide funds to initiate programs and services which have been delayed, previously eliminated because of levy limits and revenue decreases or develop new programs and services which the residents have requested (senior housing, redevelopment of Highway 10 and business retention programs for current Mounds View businesses. Our businesses are an important, viable part of our community and the City must be involved and participate in programs which keep businesses strong and growing. Unfortunately, such programs are not without cost, many Federal and State grant programs require City matching funds. STAFF REPORT AUGUST 24, 1992 PAGE FOUR Franchise fees represent an alternative taxation method which constitutes a broadening of the tax base to include all users of City services and does not place additional tax burdens on the one taxation method over which residents have little control -- property valuation and subsequent property tax calculation. As directed, Staff has prepared the ordinance implementing a 4% franchise fee on Northern States Power's electric and gas operating revenues. 7 RE UEST FOR COUNCIL CONSIDERATION Agenda Section: 9 :2 0 4 a. DD UNDO Q Report Number: 2 2 0 5 STAFF REPORT Report Date: 11111( Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE AUGUST 2 4 , 19 9 2 Public Hearings ❑ Consent Agenda ❑ Council Business Item Description: LAWCON Grant Application Administrator's Review/Recommendation: ' - No comments to supplement this report - Comments attached. Explanation/Summary (attach s pplement e is as necessary.) SUMMARY; PUBLIC HEARING FOR THE APPLICATION OF A LAWCON GRANT This LAWCON grant requests $12,500 of matching federal funds for the paving of Silver View Park. The City's match is already budgeted for in the Capital Fund for 1993. This grant would give the City the opportunity to pave the north side of the trail as specified in the Silver View Park Improvement Plan. This trail would then be accessible to those with disabilities and would allow multi-use of the trail. AV_ iii _,_ _i ` a f aar�Director Parks, Recrea on and Forestry Department RECOMMENDATION: Approval of the grant application with the signing of the Resolution which is a requirement of the grant application. RESOLUTION NO. 4270 ITEM 8.A. • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City Council of Mounds View, pursuant to Minnesota Statutes 412.241, has full authority over the financial affairs of the City and; -WHEREAS -The-City-ounc-rl—has—reviewed the Maims-numbers: 36148 through 36253 in the amount of $ 138,797.57 37734 through 37754 in the amount of $ 85,505.97 through in the amount of $ through in the amount of $ TOTAL AMOUNT OF CLAIMS PRESENTED $ 224,303.54 • and has found said claims to be just and correct; (list of any exception) NOW THEREFORE, be it resolved that the City Council of Mounds View hereby approved the attached lists of claims dated 08/25/92 by the vote ayes nayes ATTEST: Mayor (SEAL) Clerk-Administrator • Agenda Section: 8 .B O EVe REQUEST FOR COUNCIL CONSIDERATION Report Number: 92-355C STAFF REPORT Report Date: s—2 0—9 2 1111, Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE AUGUST 2 4 , 19 9 2 ❑ Public Hearings XX Consent Agenda ❑ Council Business Item Description: RESOLUTION NO. 4269 RATIFYING THE APPOINTMENT OF THE ELECTION JUDGES FOR THE SE' MBER PRIMARY ELECTION Administrator's Review/Recommendation: - No comments to supplement this report ) - Comments attached. Explanation/Summary tach su..lemea as necessary.) SUMMARY: Attached please find Resolution No. 4269 Ratifying the Appointment of Election Judges for the State Primary Election. All persons met the qualifications to be approved as election judges for the State Primary Election. / /, ae_a_thef_i,t___, Michele Severson RZECOMMENDATION: Adopt Resolution No. 4269 Ratifying the Appointment of Election Judges for the State Primary Election • 1992 ELECTION JUDGES STATE PRIMARY ELECTION CHAIRPERSON Kathy MacRunnels IR CO-CHAIRPERSON Alice Frits DFL PRECINCT 1 ELECTION JUDGES Marilyn Brick IR__ Pat Coffey IR Victoria Crowe IR Jayne DeJong IR Amy Hodges DFL Sandy Huebener DFL Inga Kelner IR Sandy Krogh IR Sharon Mathson DFL Linda McKenzie DFL Marlene Meyer DFL Rose Nejedly DFL Sharry Nelson DFL • Carol Peil DFL June Schleiss IR Joel Sheldon IR Susan Thymian IR Dorothy Wilhaus DFL 111 +--- Agenda Section: 9 .A 11REQUEST FOR COUNCIL CONSIDERATION Report Number: 3 5 6C "Ds Report Date: 2— 4—9 2 11, STAFF REPORT Council Action: ❑ Special Order of Business CITY COUNCIL MEETING DATE AUGUST 24, 1992 0 Public Hearings ❑ Consent Agenda N7 Council Business Item Description: ORDINANCE NO. 516 AMENDING CHAPTER 104 OF THE MUNICIPAL CODE ENTITLED, "GARBAGE AND RUBBISH" Administrator's Review/Recommendation: , - No comments to supplement this report - Comments attached. y' Explanation/Summary (attach supplement sheets as necessary. SUMMARY; State law requires that all cities of 5, 000 or more persons ensure that all businesses and residential households either have solid waste collection or are using an "environmentally sound alternative" . In order to comply with the law, cities may organize solid waste collection, provide the collection, or require by ordinance that every household and business has a contract for collection service. Please find attached Ordinance No. 516, which requires that all • residential homes, apartment buildings, mobile homes, and commercial businesses contract with a licensed hauler for collection services. The ordinance contains a provision for exemptions in the event that a household or business can prove to the satisfaction of the city that an environmentally sound alternative to hauler collection will be used. (1/aka/ / 11 . 0 Carla Asleson Recycling—Coordinator R.F.COMMENDATION: ,,., Hold a first reading of Ordinance No. 516 on August 24, 1992 and schedule second reading and adoption for September 14, 1992. 1111 corporation can be charged with a violation pending a final decision on an application for exemption. Read by the City Council of the City of Mounds View this 24th day of August, 1992 . Read and passed by the City of Mounds View this day of September, 1992 . ATTEST: Mayor (SEAL) City Administrator APPROVED AS TO FORM: City Attorney • ITEM 9.B. • ORDINANCE NO. 514 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 116 ENTITLED, "ITINERANT AMUSEMENT RIDES, CARNIVALS, CIRCUSES The City Council of the City of Mounds View does hereby ordain: SECTION I Chapter 116. 04, Subdivision 1, is amended to read as follows: 116.04 Insurance. (1) The licensee shall obtain and keep in full force and effect proper insurance coverage to protect the municipality and said licensee against any liability for personal injury property damage sustained by any person as a result of the operation of said amusement rides, carnival or circus. Said insurance coverage shall provide protection against liability up to a sum of at least $50, 000 $100, 000 per property damage and $100, 000/$300, 000 for perconal injury. in an amount of not less than $1, 000, 000 per occurrence, insuring the operator against liability for injury to persons arising out of the use of an amusement ride. SECTION II. 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 10 day of August, 1992 . Read and passed by the City Council of the City of Mounds View this day of , 1990. Mayor Clerk-Administrator APPROVED AS TO FORM: 111 City Attorney ITEM 9.0 ORDINANCE NO. 515 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY REPEALING CHAPTER 64, ENTITLED, "CIVIL DEFENSE" AND ADOPTING A NEW CHAPTER 64, ENTITLED, "EMERGENCY SERVICES" The City Council of the City of Mounds View does hereby orda in: SECTION I. Chapter 64, Entitled, "Civil Defense" is hereby repealed. SECTION II. The new Chapter 64, "Emergency Services" is hereby adopted as attached. SECTION III. 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 10 day of August, 1992 . Read and passed by the City Council of the City of Mounds View this day of , 1990. Mayor Clerk=Administrator APPROVED AS TO FORM: City Attorney • 64.02 engineering, outdoor warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. Subdivision 2. "Civil Defense Emeraencv" means an emergency declared by the Governor under Minnesota Statutes, Section 12. 31. Subdivision 3 . "Civil Dcfcn3c Emergency Service Forces" means any personnel employed by the municipality and any other volunteer or paid member of the local civil dcfen3c emergency services agency engaged in carrying on civil defense functions in accordance with the provisions of this ordinance or any rule or order thereunder. 64.03 Establishment of Civil Dcfcn3c Emeraencv Services • Subdivision 1. There is hereby created a civil dcfcn3c Department of Emergency Services, which shall be under the supervision and control of a Director of Civil Dcfcnse Emergency Services, hereinafter called the Director. The director shall be appointed by the Mayor for an infinite term and may be removed by him at any time. He shall be paid a salary to be set by the Municipal Council plus his necessary expenses. The Director shall have direct responsibility for the organization, administration and operation of the civil dcfen3c agency Department of Emergency Services, shall be organized into such divisions and bureaus, consistent with state and local civil defense emergency services plans, as - - - - - ' - . performance of local civil dcfen3c emergency services functions during a civil defense emergency. The civil dcfcn3e egcncy Department of Emergency Services shall perform civil , dcfcn3c emergency services functions within the municipality and in addition shall conduct such functions of the municipality as may be required pursuant to the provisions of the Minnesota Civil Defense Act of 1951 as amended or this ordinance. Subdivision 2. There is hereby created with the civil dcfcn3c Department of Emergency Services agency a Civil Dcfcn3c Advisory Committee, hereinafter call the "Committee". Members of the committee shall be appointed by the Mayor to represent all municipal departments. The director shall be 64.04 may be necessary to the prompt and effective operation of the municipal civil dcfcnac emergency plan in time of a civil dcfcnac emergcncy. emergency services emergency. He may, from time to time, conduct such practice alerts or other civil defense emergency services exercises as he may deem necessary. Subdivision 5. The Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the Municipality to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent, _practicable, cooperate with and extend such services and facilities to the local civil dcfcnac emergency services agency and to the governor upon request. The head of each department and agency, in cooperation with and under the direction of the Director, shall be responsible for the planning and programming of such civil dcfcnac emergency_ services activities as will involve the utilization of the facilities of his department or agency. Subdivision 6. The Director shall, in cooperation with existing Municipal departments and agencies affected, organize, recruit, and train Sky-warn volunteers, auxiliary police, auxiliary firemen, emergency medical personnel, and • any other personnel that may be required on a volunteer basis to carry out the civil dcfcnac emergency services plans; of the Municipality and the state. To the extent that such emergency personnel are recruited to augment a regular Municipal department or agency for civil dcfcnac emergency services cmcrgcncica, it shall be assigned to such department or agency for purposes of administration and command. The Director may dismiss any civil dcfcn3c emergency services volunteer at any time and require him or her to surrender any equipment and identification furnished by the Municipality. Subdivision 7. Consistent with the civil dcfcnsc emergency services plan, the Director shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of injured or homeless persons. Subdivision 8. The Director shall carry out the orders, rules and regulations issued by the Governor with reference to civil dcfcnac. emergency services. Subdivision 9. The Director shall direct and coordinate the general operations of all local civil dcfcnsc emergency services forces during an evil dcfcnsc emergency in conformity with controlling regulations and instructions of • state civil dcfcnac emergency services authorities. The hods of departments and agencies shall be governed by his ordcr3 in rc3pcct thereto. 11164.05 The oath shall be substantially in the form prescribed by Minnesota Statutes Section 12.43 . Subdivision 2 . Civil Defense Emergency services volunteers shall be called into service only in case of an civil defense emergency or a natural disaster for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers ohall service without compenuatio . Subdivision 3 . Each civil defense emergency_ services volunteer shall be provided with such suitable insignia or other identification as may be required by the Director. Such identification shall be in a form and 3tylc approved by the federal government. Such identification shall be in a form and style approved by the federal government. No volunteer shall exercise any authority over the person or property of others without his identification. No person except an authorized volunteer shall use the identification of a volunteer or otherwise represent himself themselves to be an authorized volunteer. Subdivision 4. No civil dcfcnzc emergency services volunteer shall carry any firearm while on duty except on written order of the Chief of the Police Department. Subdivision 5. Personnel procedures of the Municipality applicable to regular employees shall not apply to the Director or to volunteer civil dcfcnsc emergency_ services workers. _ - - - - - _ _ _ _- _ - - civil defense agency. 64. 06 Emergency Regulations. Subdivision 1. Whenever necessary to meet a civil defense er prepare for such an emergency for which adequate regulations have not been adopted by-the-governor-or the Council, the mayor may by proclamation promulgate regulations, consistent with applicable federal or state law or regulation, respecting; protection against air raids; the sounding of outdoor warning sirens; the repair, maintenance, and safeguarding of essential public services; emergency health, fire and safety regulations, trail drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in civil dcfcnsc emergencies. No regulation governing observation of enemy aircraft, air attack, alarms, or illumination during air attacks shall be adopted or take effect unless approved by the state director of Emergency • Services. • 64.07 Regular accounting, disbursement, purchasing, budgeting and other financial procedures of the Municipality shall apply to the civil defense emergency services fund insofar as practicable but budgeting requirements and other financial procedures shall not apply to expenditures from the fund during 1965 or in any case when their application will prevent compliance with terms and conditions of a federal or state grant of money or property for civil dcfcn3e emergency services purposes. Subdivision 2. The Director shall as soon as possible after the end of each fiscal year, prepare and present to the Council for the information of the Council and the public, a comprehensive report of the activities of the civil defense emergency services agency during the year. 64.08 Conformity and Cooperation with Federal and State Authority. Every officer and agency of the Municipality shall cooperate with federal and state authorities and with authorized agencies engaged in civil defense emergency_ services and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this ordinance and all regulations made • thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The Council may appoint any qualified person holding a position if any agency created under federal or state authority for civil defense emergency services purposes as a special polices officer of the Municipality, with such police powers and duties within the Municipality incident to the functions of his position, not exceeding those of a regular policemen officers of the Municipality as may be prescribed in the appointment. Every such special police man officer shall be subject to the supervision—and—control—of—the Chief of Police and such other police officers of the Municipality as the Chief may designate. 64 . 09 Civil Defense Emergency Services and Governmental Function. All functions hereunder and all other activities relating to civil dcfcnsc emergency services are hereby declared to be governmental functions. The Municipality, and, except in cases of willful misconduct, its officers, agents, employees, or representatives engaged in any civil defense emergency services activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended (Minn. Stats. Secs. 12 . 01 to 12.46) or 411 with this ordinance shall not be liable for the death of or any injury to persons, or damage to property as a result of such activity. The provisions of this section shall not 08/2,4/92 16:25 FAX 612 490 2150 SEH ST. PAUL 444 MOUNDS VIEW Cj001/004 �� 44-04 Aseiri FAX TRANSMITTAL SEH FILE #: 11 23 IIIMII:. •gel.NI..ffse5 Z`1 J 9 Z 3535 Vadnais Center Drive DATE: f St.Paul. MN 55110 FAX (612) 490-2150 Telephone (612) 490-2000 ATTENTION: 4mGn -- 4_. .a COMPANY: C j a 1614.4.m. S )t , PHONE NO_ OSS FAX NO. FROM: q . la C •se NO. OF PAGES TO FOLLO THIS COVER SHEET: I SUBJECT: it aiSo.loist• . L(4 `e rt i'fVJ . a CS +` .k• lei.. a. .I . .. , i t ii at the above phone r pinti pr ly please contac I' - sender' iwnber. If transm�.ssfnrt was not recefi�ed o SHORT-ELLIOTT-HENDRICKSON. INC. • 0,01 e,4.4A'`--1-'(--' d-1-4 --L'(---`7")1.j..),t,t- „„.9-e.,,,„..q 4 gf — *gsl — vo3 0 08/24/92 16:26 FAX 612 490 2150 SEH ST. PAUL -;->-+ MOUNDS VIEW Q002/004 . 5EH A.1145181 ENQ/NElAS t ANCMTECTS I PLANNERS 3535 VADNAIS CENTER DRIVE.5T PAUL.MN 551105108 612 490-2000 800 325-2055 August 24,1992 RE: City of Mounds View Land Use Study/Golf Course Highway 610/County Road J SEH File No.91238.01 City of Mounds View 2401 Highway 10 Mounds View,Minnesota 55112 ATTN: Samantha Orduno,City Administrator Dear Ms. Orduno: Thank you for giving us the opportunity to continue providing professional services for the City of Mounds View.We look forward to a continued positive working relationship toward completion of an exciting golf course development in the community.This letter • serves as a supplement to our current contract with you, and reflects project elements discussed in our meeting with you on August 12,1992,as well as follow-up conversations this past week. As requested, following is a list of tasks associated with investigating and providing recommendations on an 18-hole, par 3 golf course concept (including Watson property north to County Road J). Included in the investigation is a golf course concept layout, financial analysis, and an overview of wetland delineation boundaries pertaining to the Watson property. In addition, we have also included pertinent financial information relating to the existing nine-hole golf course concept in light of forthcoming appraisal estimat-ops. The following tasks have been identified: Task 1 - Wetlands Investigation (Watson Property) In order to determine the available area of the Watson property for golf course purposes, better identification of wetlands is necessary. The National Wetland Inventory (NW') maps prepared by the Corps of Engineers and the current area contours over aerial photography information will be utilized. In addition, field review of wetland characteristics will further be undertaken to verify general wetland delineation boundaries. No specific site surveying will be done at this time. SHORTELLIO ST.CLOUD,MN CHIPPEWA GALLS,WI MADISON,WI HENORICKSON INC, 08/24/92 16:26 FAX 612 490 2150 SEH ST. PAUL 444 MOUNDS VIEW Ij003/004 . Samantha Orduno August 24, 1992 Page 2 The following subtasks will be undertaken: A. Review and analysis of NWI maps,City wetland maps,contours over aerial photography maps for wetland identification on the Watson property. B. Field review and identification of wetland boundaries using information from -Subtask-A. Estimated Fee: $700 Task 2 - Golf Course Concepts (including Watson Property) Based on information currently available and field data from Task 1,an.18-hole,par 3 golf course, with driving range, concept will be investigated. It can be noted that initial research and discussion finds that a "regulation" 18-hole golf course is not feasible,even with the addition of the Watson property The subtasks associated with investigating the 18-hole golf course option indude: • A. Golf course concept-site layout and graphics(using information.from Task 1) B. Identification of acceptable 18-hole golf course concept elements for further financial study Estimated Fee: $2,800 Task 3 - Financial Analysis The 18-hole, par 3 golf course development option will be reviewed from a financial . standpoint. Financial analysis of the current 9-hole golf course concept will further be updated focused onfurthering-estimated appraisal information. The subtasks associated with the financial analysis overview include: A. Revenue projections B. Estimated expense calculations C. Site acquisition/development costs (using researched appraisal costs undertaken by City) Estimated Fee: $800 The total fee range for the above work is estimated to be between $4,300 and a not-to- exceed figure of$4,500. 08/24/92 16:27 FAX 612 490 2150 SEH ST. PAUL 444 MOUNDS VIEW 10004/004 Samantha Orduno • August 24, 1992 Page 3 It is understood that the Mounds View golf course"Task Force"established to review and provide direction on the project will have an initial meeting on September 17,1992. Our work program will provide key information at that meeting in relation to Tasks 1-3 as set forth in this letter.if unforeseen time delays and/or research requires further analysis,an adjustment to the September 17,1992,date will be requested and discussed with City Staff prior to any adjustment of the meeting date. If the foregoing is acceptable,please sign one copy of this letter and return it for our files. We look forward to continuing our work with you on this project. Sincerely, Short Elliott Hendrickson Inc. Randall R Thoreson Project Manager/Planner • Daniel R.Boxrud,P.E. Project Engineer RRT:l1c Attachments Appro_ved_y: Samantha Orduno, City Administrator Date: • taAke,, 661-0-04-tz. • RESOLUTION NO. 4274 COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A CHARITABLE GAMBLING PERMIT TO CELEBRITY BOWL CHARITIES, INC. WHEREAS, the City of Mounds View received an application from Celebrity Bowl Charities, Inc. to conduct pull tab gambling at the Mermaid; and WHEREAS, per Mounds View Municipal Code Chapter 108 .00 no licensee shall, ". . .permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statute 349 and sponsored by a fraternal, religious, veteran, or other non-profit organization having its registered office located in the City of Mounds View which as been in existence for at least three years and has at least 30 active members. " WHEREAS, Celebrity Bowl Charities, Inc. does not . meet the criteria for charitable gambling per the Municipal Code for the City of Mounds View. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View hereby denies the application for Celebrity Bowl Charities, Inc. Adopted this 24 day of August, 1992. ATTEST: Mayor (SEAL) Clerk-Administrator r Mitrutesota Lawfi.tt Gantbiinp !:• .' ' Premise Permit Application —Part 2 of 2 1 . : , pat:. ,,,.:. : - .. :ii:i::is m•:::::.�::: .:..., :.;:�::r it:*;:i::.:.:•,::•:.�. :,, ••:;:-:_:}:::. .:iii i::x.::}.:. :::;iw iii; r �� ,t :<�IiLtttl�: �.G�tllll�t4<�1 Ut:`�I�iXE[.�'ti»s::r:<:::�5}:!,:.::.:3}:.;:;!:>L>::<::::>:,<:::>:<;�.:::<:: ,:.:.}:;.}>:::.}.:.}::<!::::<:;:}:<;L.;:<..;:»:::.:•: :. .. ..._...... • t nick Name' ;': !— ;`,. . �i • Bank Account Number t Firys'tar Bank. of Miruieso;ta i• —_ZO514 8iiiik hcTdress. r.• , —_. : - _— —• i• . .city –`tate Zip-Code •650',1) .Nico:Llet Ave. S. Richti.eid Mn. 55421_ :CC• :•,} t' '� tMJ �l, �� r.K� lIJ ,..;.:.... .....,............:...:a.��11��':�10�1ji�';.'�Td:J�it�!:.i7. .... m . .. .... .:.:r:.•:i:...:•::......:..rr..!!.< ::} +r LL>r:r.;.}:.....:r:.:.. . .• . .. .., .... :}}r•}:}.:�ti£`:�:tr.r. r r......,}••a:. •: .. ! ,,>.z,:•::t:al+:: Aarf#af�i:'odtht4e6t�:tHe3!;f#dl::t#+► 9:�sr� bltrt� •i���:>: :%::•i:}.:;:::!L:};<;L!?J$:C2:.4:d:..ti4,.. � :! ....... "�.� Iiliy-yyY.........`. ............... ,. "'I/ia ,rrY► , W' ., _ Address _,Tl�tiia arrri • Leslie tlu:i-kko i Pt:. 6 Box 198 Buffalo, Mn. 55313 President • •Roger El let son Rt.. 3,' Box 44 Map.]e Lake,' Mn . 55358 Cnnih.l .i ii Manager John A. Lever • 2100 Roecrest Ct: . No. Mankato, Mn. 56003 C.E.O. 1r y�,�y :•}:.::.:..:.:.:................... ..........:.......�•.::....:..r,{...:..................... :�f.!.;-:•.:.�:.::!••: {.•.}•: :•:�::•:.:::.r•::.:i:;,i.:!4•:!.} t�>?i}}i!v}'•}i:: ri �3�i •:4t•:::'::4:2!4:•}Y^:<;U4!hi }<•:�:;•::{{•}:•}:i4:L:r:.::!L:�}:}}i:i::.;<;.::::::<::..:r.::;�.�<:.::.;. :.4!V!�CStIiQ�:'S"rJ:s�f,� �� �:>...:}:.:.}}:.:;.}!:�}}}:.};}.}::.} ••}<>:r;}:}}:: }:•::>}>:::.>:.}}:•}:.}}•�;:}';;•:;•};:.,}::;:!::;•}::.. . ...... ...<.. 17;tiirt6ling SSttdi A ti$orliiitttoin ,t;;•I am the chief executive officer of the organization; I hereby consent that local taw enforcement officers,the •I as+lane lull responsibility for the fair and lawful opera- board or agents cif the board,lot the commissioner of . tion of all activities to be conducted; revenue or public safety, or agents of the commissioners, - l will familiarize myself with the laws of Minnesota may enter the prc.imises to entered the law. :'governing lawful gambling and rules of the board and 13rt<nk Record i,Irifornrtatioit '•agree, If licensed, to abide by those laws and rules; The board le aUliibrized to inspect the bank records of the : including rirriendmenis to them; tiambiing accoUrtl,Whenever necessary to fulfill ..•any changes in application Information will be submitted requirements of current gainbling rules and laws '.`to the board and local Unit of government within 10 days bath .; ';;I. ::'. ; of the change;and declare that: !',` . • ,.•,,i understand that failure to provide required information . i I have read this fippilcatlort end ell information Submitted::: '..,l or providing jalse br Misleading information may result in kt b the board boo; accurate And complete; :'' the denial or,revocatlon bf the license, ion other required,fnformatibr3 has been fully diticlosed; ,•i,.. • i _�_ ;iigniatur flet ex cuts officer ' ' . • • Data w _._. :�v��::>> >:•. ctiteit entertia: .}; y:•::,>:.:::;;: .}...}...$....�::r.4....., ,.a:;::2<;: :<>:::;;<:_:::«::::>::: . :C>rou��lr`r�tnerata�.r�c�Cna ...... ....................;.: {:•.::<::.:.:L:4n•::}r4...,......:.......r .. :....:.f:;::.t::.{:. If ,, - ' ' . lid:: A.cool�tLihe lociljlllt of aovetrut tGvs tiongp.: I. The city einust sign this a fiplk:rition if the gambling prem- ; �(gtovJti tht;llip1211s�tlgn must t etle ted to ttlis pUstttutn. lb ns Is ideated wiryq'Erlit';city HMOS, ','' .{ r;5 ' If this appHc tlbii it#dehI d by the local unit at gcrveriarnent, t. •The county 3�At'1O tbwfi flip is must sign this npplicalion g.'''.151. i it should not be Submitted to the Gambling Control Board. the gambling prerhises Is located within a township-. i ;11-1e tort bait g�Vernntent(city of cnrmtyj niust pass rf 'town9 rip, by signature below, tha township acknowlFdgns resolution specifirially approving sir denying this application. !that the organization is ripptying for a premises permit within: . .,township limits. • '--, Townsii43""* at ]. of Co�mty"* : -------------- (:ity or Co n Nanie • • ! township Name • -_._ _ vie-, • ------- i _ ----- --__ -__ --- -- --------_____---- ;aignrit re of p:�� = vfng AFi canon ; Sign2ture of person receiving application r / _..: _�_. _.�- r—_ _ .') : _is � -------- --_— --— lit' '' • 1FP' +. ' ;I.Date Flor.:eived ' 't•Title I? •• • I Date Received CF . • osier to the instructions for required attachments. . Mail to: Gambling Control board Roser' od Pinta Sbr.rth,3rd Floor ' 1711 vi.County 1104d 13 Roseville,MN 5511:i 1.0214(11rirt 2) (nnv 71^•vi 11 EOR BOARD USE ONLY !_G2 t 4 BASE# _— tn2ir,orl PP#• _ FEE • • Minnesota Lawful Gambling ,CHECK • Premises Permit Application. - Part 1 of 2 INITIALS --- 'DATE • nNuv.vl •}}w;¢}l,y,.,e)1M'»1!M:h)v,:fp},.ll):i1;;uv.}l:•%:•!y::; :w}yy}Y.t•)11}}} :•.;:!f�tv%:::i'k3 v.,lv. 1•M.:Ih•:v.aavw, M.•:,,Y„•h:•.:. :4:•>......1.... 1}}fi:i.}vn:n:^}l:!%:i\:b> :.��.�?; .......:.... '. �..r: •h•h:•,•,.v.,:•.. ...........dl..}..:.}..:...Y..1:4:•:• .•.....{:)...:.....:... ..f:•..' •,A:?•`•:}:fd•:ry •..t :.,.....,h..,..r.w..v..v,l:. :}...t8 ...}...:.}......:...Kn ...........:.: .,... , r............v•w•• ...,:... ..;........ ..:...........r .......tt ......v.... giig. ............ ........ ..r .:.....,...!...}. 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Y.:y .1:. ;f:+f'.'3:.}:!n••!: ::3itf<•� ::.`4:.:Y•:..k.k'^:•iii. :. v: i4.t.::.?.......:::.}.:.::r:•:::r:••.�.�......: r?..:::.•..?:y R.::::;.;k,.;,?.::.:..!,.r+..!.t.;.;l.:::�;,:..,::::.:,.rkke}:::.::.... ::..... .................. Glatt of piemises permit C.�] (check one)loan Organization bash license number_--,,...,�azi�. [1 A($400) Pull-tabs,tipboards,paddlewheels,raffles,bingo Prernides permit number_ _—•—_— . (ii B($250) Pull-tabs,lipboards,paddlewheels,raffles rid New 0 C($200) Bingo only D($1 50J Raffles only • • ,.Y.}•?. ;w,i!!yw;r ,rw,A•!!gr.•nymf n:t!ir?tf! :m::::o,.;t. ..... ......, .•r,r,w..♦ .,,.:h.,..,.4•A.r , .. ..!...... .....................:•:•::::.......p...........f. ...:.::::•.}•.}•::.}}:v.•.+:v. ,.. ..}.}:v,•}:::•:•!!}:;•.•v.:•,.•Y.}}}:{...}:•.+•}•}::?}>:} !4}ki ...... . .....:. ....r.... .., .... ... ......... ... }... .......... r .. :::•::f<}.f>::f•::: ..:.....:....:..r if:.}S:yY:.}t•:::.;:.:f;t;... .,,r. .�.y.}!.:;:f} ',•';•�};;:`•:;;:} ..v:3: •`:•:':f:d}'}kf::•:: :: •. i:•LilAi .:r.?.!!;r.• ::.}•}•u!:.!,::... �:f � },� 3 .,:�-: •,l;,:?:::•}:#:.:!::.,•kXs::+!•3`...:�::t•E.,.r:'•:.C:: :•.'•:.:tk?,i:?;:f;t:::..:...,:. .:.a.:..Y.r:.r,.?. t�yl./:+: �l:tfi,.1:G�.i�`ll`�t1:�1: ;��:'�1#�.�r.>�1�!.��;::i:<�}:::k:tt<}'!-f}:•�!:r,•>kk>:i:;:f}:}:zis;:r<:.>.::��%f�f::%.:!,n:,.}.a.... q.y}:•!.:::?::.�:...:. ,.r..:':: '4[. ,-,-,.............,........,....,,z.,-.4••••• '?".::.}�:,;:W:.:��w:: .. iu.:aii ..:..........�.:....ua.0......r.........u....LL u.rJ.4--.•:..-:.:-.......... a .,... ...... . Name f Organization • . Celebrity Bowl Charities, Inc. — _-_ Business Address oI Organization-Street or P.O Box(Do not use the address of your gambling manager) 60th & Nicollet S City— --�-- Stale Zip Code • County , Daytime phone number Warne-of�f:inneapol:is ___ ___ hln. 55419 Menne in 61 869-2475 _ chief executive officer(cannot be your gambling manager) Title Daytime phone number John A. Lever __ _ C.B.O. ( 507) 345-8316 Bingo Occasioiitis • If applying for A class A or C permit, sill in days and beginning Fr ending hours of bingo occasions: No more t.hitiri sevetz bingo Occasion:4 may be conducted by your organization per week. Day Beginning/Ending!lours l)ay Beginning/Ending flours Day Beginning/Ending flours ----- ---to --- ----to --• ----tO-- —.-. _ -_t° -- - --- - -to - -to — -- .to — It bingo will not be conducted,check here nil !!r. �fY '�' .fr'h1�3.��:'�fY�t).� .-..:. ���':•.«> : .:;:<;;:.:::i:;::>::>:?:::i:;>;:::k:i:::i::r>}i;i::;i:;;: - FJ;ime of estaliiishitrent w r�e;re arn56n i will ire 'uc;ted - - - --y" street A3-drhss iso not ti`se a—st oFilccr fox nurn$at) ..g7/ / -;D L//IV -S -_------_----,—-- . .j._1=,0 hii aA w.'f'- ,0 -- — Is the premises locattid within city limits? C .Yes L J No If no,is township l--�I organized ED Unorganized-E:it-rnincowPornte-d - Cii,and County whale gambling premised is located on Township and County whore gambling premises is located if uutside of c;ty limits /Nai)s'L'i E•r 4 --- -I-- -- -- — - —— - Ng.me and address of legal owner of.premises City State Zip Code p at;E L L_,_ ' 1.1 e.e `__ o y Gifdve:1,41,�1 d ,1 d Meto/2 'jY £4 � !. i9 /v ___,,,5-,_s:/.1_,•_Z —_. _- tic es your organization own the bedding where the gambling will be condti ted? El YES ® NO If no,attach the following: . t' ' a copy of the lease(10-m10202)with terms for nt least one year. : ' a copy of ti sketch of the floor plan with dimensions,showing What portion is being leased. 1 lease an A d sketch we hot required for Class D appliratiens. ��l�t�il'e!~f. .:.;d ::I$ <;fi1.)6-af:. t :i bl �`.�j{ �}+� I<$@>�t ..,iia nd l� lL.... ... ... /� ress city 1 state dip code .. • ._ //a g. �(,'!4•wa f /� N �,/J'In/ ,CFc70/ - Cza-q, ) 6,94 ES .•_• :I.^c? 11i97t.wny /U ni"ticrS1/;Eui /71 A/ - Sc 17 2 - TA/L/04-0/7