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HomeMy WebLinkAboutAgenda Packets - 1987/12/14■ CITY COUNCIL MEETING CITY OF MOUNDS VIEW DECEMBER 14, 1987 7:00 p.m. A G E N D A 1. Call. to Order 2. Pledge of Allegiance 3. Roll Call - Blanchard, Wuori, Quick, Hankner, Linke 4. Presentation of "Buy -A -Board" Program by Pinewood School Playground Committee and Consideration of Resolution No. 2271 5. Approval of Minutes: November 23, 1987 Regular Meeting (Received in 12-07-87 Packet) 6. Residents Requests and Comments From The Floor -------------------------------------------------------- CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES i--------------------------------------------------•----- 7. Approval of Consent Agenda ITEM A. Approve Partial Payment of $67,165.74 to Cottonwood Construction for Public Works Garage Addition ITEM S. Authorize Advertisement of Public Works Director/City Engineer Position ITEM C. Adopt Resolution No. 2265 Approving Minor Subdivisions for Simon T. Simon, 7821 Groveland Road, Mounds View Planning Case No. 228-87 ITEM D. Approve Hiring of Temporary Replacement for Accounting Clerk for a Period of Not More than 90 Days at a Rate Not to Exceed $13.00 Per Hour ITEM E. Set Public Hearing for 7:05 p.m., December 28, 1987 to Consider Ordinance No. 433 Amending Ordinance No. 359 Vacating a Portion of St. Stephen Street and Drainage Easement ITEM F. Approve Issuance of Silver View Plaza Certificate of Occupancy ITEM G. Set Public Hearing for 7:10 p.m., December 28, 1987 for Conditional Use Permit for Oversized Accessory Building, Odas Newton, 8319 Groveland Road AGENDA PAGE TWO DECEMBER 14, 1987 ITEM H. Adopt Resolution No. 2270 Approving Just and Correct Claims Against City Funds ITEM I. Licenses for Approval General - Expires 6/30/88 Berry Construction - New Construc-All Corporation - New Coronado Stone - New Jim Dickey Remodeling - New Everest Construction Company - New Donald Karpinski - New Master Home Improvements - New Minnesota Exteriors - New Excavating - Expires 6/30/88 Glenn Rehbein Excavating, Inc. - New Heating and Air Conditioning - Expires 6/30/88 Ferraro Heating, Inc. - new Unique Air, Inc. - New Boxing - Expires 11/11/88 Kobra Enterprises - New Used Jfuto Sales - Expires 12/31/88 Kevin Mullins - Renewal Gasoline Stations - Expires 12/31/88 Neico Corporation (M. V. Food Shop) - Renewal Brooks Superettes, Inc.- Renewal The Kunz Oil Company - (Highway 10K) Renewal The Kunz Oil Company - (Mounds View K) P.en. Clark Oil & Refining Company - Renewal SuperAmerica - Renewal Non-Intoxicatinq Malt Liquor Off -Sale - Ex 12/31/88 Brooks Superette - Renewal Country Club Market - Rene,ial Tom Thumb - 2408 Cty. Rd. I - Renewal Tom Thumb - Knollwood - Renewal Non-Intoxicatinq Malt Liquor On -Sale - Exp. 12-31-B8 Bel -Rae Ballroom - Renewal Bowling Alley - Expires 12/31/88 Mermaid, Inc. - Renewal ® AGENDA PF.GE THREE .-,,4MBER 14, 1987 Amusement Devices - Expires 12/31/88 American Amusement Arcades - Renewal - Loose Ends - Mermaid, Inc- - POW s 8. Consideration of Final Actions on Mounds View Business Park a. Approval of Contract for Private Redevelopment b. Approval of Development Agreement No. 87-81 c. Approval o. Resolution No. 2273 Providing the Issuance and Public Sale of $6,000,000 Taxable General Obligation Tax Increment Bonds, Series 1988A of the City of Mounds View, Minnesota d. Table Consideration of Bids for Public Improvements to January I' - 1988 ®� 9. Consideration of Wetland Alteration Permit and Preliminary Plat for Greenfield Estates 10. Remove from Table and Cons.' -nation of Sewer and Water Contractors License for Schuicies Plumbing 11. Approve Resolution No. 2268 Authorizing Budget Transfers for 1987 Salary Adjustments 12. Approve Resolution No. 2269 Approving Extension of A Conditional Use Permit for Kunz Oil Company, 2901 Highway 10 13. Approve Agreement Between Twin City Testing and the City of Mounds View for Storage of Pipe Sections at a Cost of $240,00 Per Month 14. Second Reading and Adoption of Ordinance No. 431 Amending the Municipal Code of Mounds View By Amending Chapter 40 Entitled, "Zoning" 15. Approve Change Orders to Public Works Garage Addition Contract in the Amount of $3,245 per Recommendation of Architect Dated November 25, 1987 16. Report of Attorney 17. Report of Councilmembers: Blanchard, Wuori, Quick, Hankner, AGENDA PAGE FOUR DECEMBER 14, 1987 18. Report of Administrator 19. Adjournment awl Cli RESOLUTION NO. 2271 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE EFFORTS OF THE PINEWOOD SCHOOL PLAYGROUND COMMITTEE WHEREAS, the students, faculty and parents of Pinewood School have entered into a united effort to construct a new playground at Pinewood School; and WHEREAS, these efforts have included the participation of all parties in the design, of the playground facility during a day long "Design Day"; and WHEREAS. efforts are now being undertaken to raise funds for the construction of the playground through a "Buy A Board Campaign" and secure volunteers for the construction of the play- ground in May of 1988 or suppliers of equipment to use during construction; and WHEREAS, the strength of our nation and our current form of government comes from the participation of all of our nation's citizens; and WHEREAS, the activities of the Pinewood Playground Committee exemplify the goals of our nation's founders to encourage the rarticipation of everyone in seeking a better society; and WHEREAS, it is the desire of the Mounds View City Council to encourage and support the efforts of the Pinewood Playground Committee. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View on behalf of the residents of the City of Mounds View offer its wholehearted support and endorsement of the efforts of the Pinewood Playground Committee to accomplish the community -wide financing and construction of a playground facility at Pinewood School. ATTEST: (SEAL) Adopted this 14th day of December, 1987. Mayor Clerk -Administrator CONSENT AGENDA DECEMBER 14, 1987 The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council. The entire agenda may be adopted by the Council in one motion. The motion for adoption is non - debatable and must receive unanimous approval. By request of any individual Councilmember, an item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Approve Partial Payment of $67,165.74 to Cottonwood Construction for Public Works Garage Addition ITEM B. Authorize Advertisement of Public Works Director/City Engineer Position ITEM C. Adopt Resolution No. 2265 Approving Minor Subdivisions for Simon T. Simon, 7821 Groveland Road, Mounds View Planning Case No. 228-87 ITEM D. Approve Hiring of Temporary Replacement for Accounting Clerk for a Period of Not More than \ 90 Days at a Rate Not to Exceed $13.00 Per Hour ITEM E. Set Public Hearing for 7:05 p.m., December 28, 1987 to Consider Ordinance No. 433 Amending Ordinance No. 359 Vacating a Portion of St. Stephen Street and Drainage Easement ITEM F. Approve Issuance of Silver View Plaza Certificate of Occupancy ITEM G. Set• Public Hearing for 7:10 p.m., December 28, 1987 for Conditional Use Permit for Oversized Accessory Building, Odas Newton, 8319 Groveland Road ITEM H. Adopt Resolution No. 2270 Approving Just and Correct Claims Against City Funds ITEM I. Licenses for Approval General - Expires 6/30/88 Berry Construction - New Construc-All Corporation - New Coronado Stone - New Jim Dickey Remodeling - New Everest Construction Company - New Donald Karpinski - New Master Home Improvements - New Minnesota Exteriors - New Excavating - Expires 6/30/88 Glenn Rehbein Excavating, Inc. - New CONSENT AGENDA PAGE TWO DECEMBER 14, 1987 Heating and Air Conditioning - Expires 6Z30Z88 Ferraro Heating, Inc. - new Unique Air, Inc. - New Boxing - Expires 11,11/88 Kobra Enterprises - New Used Auto Sales - Expires 12/31/88` Kevin Mullins - Renewal Gasoline Stations - Expires 12/31/88 Neico Corporation (M. V. Food Shop) - Renewal Brooks Superettes, Inc.- Renewal ;5 The Kunz Oil Company - (Highway 10K) Renewal The Kunz Oil Company - (Mounds View K) Ren. Clark Oil 6 Refining Company - Renewal 4 SuperAmerica - Renewal Non -Intoxicating Malt Liquor Off -Sale - Exp. ; 12 31 38 Brooks Superette - Renewal Country Club Market - Renewal - Tom Thumb - 2408 Cty. Rd. I - Renewal,_.;_ Tom Thumb - Knollwood - Renewal Nor-int2xi6cating Malt Liquor On -Sale - Exp. 12-31-8 Bel -Rae Ballroom - Renewal Bowling Alley - Expires 12,31/38 Mermaid, Inc. - Renewal Amusement Devices - Expires 1.2/31 88 American Amusement Arcades - Renewal - Loose Ends - Mermaid, Inc. - POW s R2=, —T i : 2 PROJECT Public Works GaraaeLOCATIOM:City of Moundsview PROTECT / 1-16-87 CONTRACTOR: - -- - - ,-- h 9240 Cottonwood Lane North Maole Grove, MN. 55369 DESCRIPTION VALUE MTLMI I AMOUNT PREVIOUS THIS COMSM PERIOD TO DATE i. Performance Bond 4,000.04 100 1 0 1 4,000.00 3. Site Work 6 260 0 65 20 ,321.00 4. Concrete 21 570.0 30 5 7,549.50 5. Masonry 95 0 40 474.75 6. Metals -Structural & misc. 0 35 45. 25 788.00 7. Steel Erection __Liaa 15 60 3,858.75 8. Caroentry 10.470.00 10 30 4,188.00 _ 9. Thermal & Moisture Control 41 37 0 47 48 39 301.50 10. Doors & Windows 12,775,00 20 60 10,220.00 11. Painting 4.890 0 45 2,200.50 _ -. .. _ -_. _.,_ ..,-_,l,.t__ 11 ene en 20 35 11,767.25 0 TOTAL AMOUNT OF WORK COMPLETED TO DATE.... LESS RETAINAOE.... LESS AMOUNT RECEIVED.... TOTAL AMOUNT DUE.... Bi 17,266.43 SIIB-TCfAL.... 88.232.08 ✓ RESOLUTION NO. 2265 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION TAPPROVING MINOR . SIMON, 7821GROVELANDSIONS FOR ROAD, SIMON MOUNDS VIEW PLANNING CASE N0. 228-87 WHEREAS, Mr. Simon T. Simon7821 Grovel.and Road, has requested approval of a minor subdivision dividing the southern 35 feet Auditor's fSthe n()rthen sionrNo1289fefromet fhiseprooerty5,645 7eandf Lot 57, WHEREAS, Mr. Simon also has requested approval of a minor subdivision combining said 35 feet of the northern 125 feet of the subdivision feet of Lot 57 thus creating a combined lot of 110 feet by 152.7 feet; and WHEREAS, the Mounds View Planning royal inon has Resolutionswed NO. ision the minor sted1December 2,r198mme�ndd approval 209-87 adopted a hS the Mounds View Planning Commission has ivnER::..�, ..�nrinnent upon the recommended that the City Council aPProva- Count filing of acceptable abstracts and recording with Ramsey y• thatCouncil of T NOW, THEREFORE, BE IOthe minor subdivisions requested the City of Mounds View approvescontingent upon by Mr. Simon T. Simon, 7821 appropriatertitleRoad, abstracts and record - providing the City with appropriate Count ing of those abstracts with Ramsey y• a Adopted this 14 day of December, 1987. P ATTEST. (SEAL) I v Mayor C erk-Administrator MEMO TO: Clerk -Administrator and City Council FROM: Building Official Tobias DATE: December 9, 1987 SUBJECT: CERTIFICATE OF OCCUPANCY FOR SILVER VIEW PLAZA 2540 HIGHWAY 10 The above address has been inspected for occupancy and found to meet all applicable Building Codes. The Certificate of Occupancy for 2540 Highway i0 is for the core of the building only. Separate occupancy certificates must be issaed for each individual lease hold space. The building has also been inspected and approved by the Fire Department. RECOMMENDATION: Staff recommends issuance of the Certificate of Occupancy for Silver View Plaza, 2540 Highway 10. Z- 4/% JTjbac /r/ _ aft : _ ' l "��` 6 N - RE LUTION NO, 2270 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City Council of Mounds View, pursuant to Minnesota Statutes 412.241, has full authority over the financial affairs of the City and; WHEREAS, The City Council has reviewed the claims numbers: 21930 through 11957 in the amount of $ 105,315.88 24001 through 24090 in the amount of $ 32,008.62 through in the amount of $ through in the amount of $ TOTAL AMOUNT OF CLAIMS PRESENTED $ 137,324.70 and has found said claims to be just and correct; (list of any exception) NOW THEREFORE, be it reso'_ved that the City Council of Mounds View hereby approved the attached lists of claims datedy2 b,; the vote eyes nayes ATTEST: (SEAL) 4 Mayor Clerk -Administrator ACCOUNTS PAYABLE CHECK REGISTER PAGE 1 MOUNDS VIEW AP-CIO-01 CHECK. CHECK INVOICE INVOICE DISCOUNT CHE( VENDOR NUMBER DATE INVOICE NMDR DATE AMOUNT AMOUNT AflOUF NO VENDOR wAME 7;1IRATTELLE 24001 12/15/87 A2749 11/23/07 DESC-VENDORBTOTALLE/DUP 250.00 PIP250EOONE REPORT 250.( ACCOUNT NUMRER-100-4160-303653 AMT- 250.00 250.( 71102 CINDY BELLAMY 24002 12/15/07 12.00 12/15/87 DESC-VENDORCINDY 12.00 12.( ACCOUNT NUMBER-250-3500-351021 AMT- TOTALBELLCMY/i2FOOOS 12.( 71103 BUDGET SIGN SHOP 24003 12/15/87 3093 11/18/87 SIGN 153.75 SHOP/LETTER 153.i -, ACCOUNT NUMBER-100-4190-513000 AMT- 153.75 DESC-VENDORBUDGET 153.i TOTAL 7;304 24004 12/15/87 19505 16.33 11/13/87 16.33 16.c ACCOUNT UMBER-100-4190-114000 ACCOUNT H AMT- VENDORBTOTALRTS/SUPP16.33 16.' 71105 BUSINESS RECORDS CORP 24005 12/15/07 8702850 11/20i37 30.32 ACCOUNT NUMBER-100-4120-342000 ANT- 30.32 DESC-BUSINESS RECORDS 32RP/SUPPLIES VENDOR TOTAL 71101 SHELLY K NAUGEN 24006 12/35/87 12.00 12/15/87 12.00 DESC-SHELLY K HAUGEN/REFUND 12.O ACCOUNT HUMBER-250-3500-351021 AMT- VENDOR TOTAL 12.00 12.0'I 71107 ALMA 24007 12/15/87 5.75 12/15/07 5.75 DESC-VENDORRLMA 50 ACCOUNTNT NUMBER-250-3500-352130 NUN AMT- TOTALOHNSOW/RE5.75 5.7 7110811ARVALYN KOENKER 24008 12/15/87 20.00 12/15/87 20.00 KOENKZR/RREEFUND 20.0 i ACCOUNT NUMBER-250-3500-352107 AMT- VEHDORMTOTALARVALYN 2I 71109 ROSE K.RUEGER 24009 12/15/87 12/15/87 10.00 30.0 ACCOUNT NUMBER-100-4350-391000 AMT- 10.00 DESC-VENDORROSE 30.4 TOTALORUEGER/REFUNDD 71112 METRO AREA MANAGEMENT* 24010 12/15/87 12/15/87 200.00 MGMT ASSOC/PRO SERV 200:0 ACCOUNT NUMBER-100-4120-303000 AMT- 200.00 DESC-METRO AREA 200.00 200.0 VENDOR TOTAL 71113 (ET SIEBRASS 24011 12/15/87 12/15/87 15.00 15.0 . ACCOUNT NL'MBER-250--3500-352107 AMT- 15.00 JfSE-VENDORJTOTALGTFAi--15E00Nn 15.0 71114 BETTY SKELLY 24012 12/15/87 12/15/07 20.00 20.0 ACCOUNT NUMBER-250-3500--352107 AMT- 20.00 DESC-VENDORRETTY 20.0 TOTALSKf.LLY/REFFUNNDD 72110 LINO LAKES BLACKTOP I* 24013 12/15/07 11/19/07 2140.00 DESC-LINO LAKES BLACKTOP/ST PATCHES 2140.0 ACCOUNT NUMBER-475-4121-513000 AMT- 1355.00 I PAGE 2 ACCOUNTS PAYABLE CHECK. REGISTER AP-CIO-01 MOUNDS VIEW VENDOR CHECK. CHECK INVOICE INVOICE DISCOUNT CHEI ' NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT AMOUI �4CLOU14T NUIIBER-100-4270-124000 AMT- 785.00 DESC-LIND LAKES BLACKTOP/ST PATCHES VENDOR TOTAL 2140.00 2140.1 72111 LUTU5 24014 12/15/87 12/15/87 24.00 24.1 ACCOUNT NUMBER-100-4120-210000 AMT- 24.00 DESC-LOfUS/PUALICATIO14S VENDOR TOTAL 24.00 7.4./ 72115 BARBARA SNELL 24015 12/15/87 12/15/87 12.00 12d1 ACCOUNT HUMBER-250-8500-351021 AMT- 12.00 DESC-BARBARA SNELL/REFUND VENDOR TOTAL 12.00 12.5 7?116 WAYNE SPIC'LKA 24016 12/15/87 12/15/07 10.00 10.f ACCOUNT NUMBER-100-4350-391000 AMT- 10.00 DESC-WAYNE SPICZK.E/SENIOR ENTERfMNT VENDOR TOTAL 10.00 10sf 72117 ELLEN TEIGEN 24017 12/15/37 12/15/87 20.00 20;I ACCOUNT NUMBER-250-3500-352107 AMT- 20.00 DESC-ELLEN TEIGEN/'REFUND VENDOR TOTAL 20.00 20:f 7211E STA14LEY THAYER 24018 12/13/07 12/15/87 40.00 4!W ACCOUNT NUMBER-700-4121-901000 AMT- 40.00 DESC-STANLEY THAYER/METER REFUND VENDOR TOTAL 40.00 4014 ,i 72119 TOKEN TROPHIES 8 SPOR* 24019 12/15/07 13320 12/01/87 15.00 15 0 ACCOUNT NUIIBER-275-4451-121000 AMT- 15.00 DESC-TOKEN TROPHIES E SPORTS/PLATE < VENDOR TOTAL 15.00 15:0 7212tr,RICK WALL 24020 12/15/87, 12/15/87 15.00 15 0 ACCOUNT HUMDER-100-4350-390000 AMT- 15.00 DESC-RICK WALL/SENIOR ENTERTAINMENT VENDOR TOTAL 15.00 15 0 72121 CATHERINE WESTLING 24021 12/15/87 12/15/87 20.00 20:0 ACCOUNT NUMBER-250-3500-352107 AMT- 20.00 DESC-CATHERINE WESTLING/REFUND VENDOR TOTAL 20.00 20.0 72122 LAVERLE WILKEN 24022 12/15/87 12/15/87 40.00 40.'0 ACCOUNT NUMBER-250-3500-352107 AMT- 40.00 DESC-LAVERLE WI;-KEH/REFUND VENDOR TOTAL 40.00 40.0 75102 COMMUNICATION CENTER 24023 12/15/97 63221 11/16/07 114.85 114.8' ACCOUNT NUMBER-100-4260-121000 AMT- 81.00 DESC-COMMUNICATIONS/ANTEHIVA ACCOUNT NUMDER-100-4260-121000 AMT- 3.90 DESC-COMMUNICATIONS/SUPPLIES ACCOUNT NUMDER-700-4121-122000 AMT- a 29.95 DESC-COMMUNICATIONS/ANTENNA VENDOR TOTAL 114.85 114:8' 75107 FLOWERS TO GO 24024 12/15/87 2053 11/30/07 57.00 57.01 ACCOUNT NUMBER-100-4100-160000 AMT- 28.50 DESC-FLOWERS TO GO/SAARION PLANT ACCOUNT NUMBER-100-4100-160000 AMT- 28.50 DEEC-FLOWERS TO GO/SAARION PLANT VENDOR TOTAL 57.00 57.01 PAGE 3 ACCOUNTS PAYABLE CHECK REGISTER AP-00-01• MOUNDS VIEW VENDOR CHECK CHECK INVOICE INVOICE DISCOUNT NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT 75IrlO0ER FREDSALL 24025 12/15-87 1554 11/19/87 55.2$ ACCOUNT NUMBER-100-4260-160000 AMT- 55.23 DESC-ROGER FREDSALL/SUPPLIES 24025 12/I5/87 1380 11/12/87 34.55 ACCOUNT NUMBER-100-4260-160000 AMT- 34.55 DESC-ROGER FREDSALL/SUPPLIES 24025 12/15/07 M957259 12/15/87 18.58 ACCOUNT NUMBER-100-4260-160000 AMT- 10.58 DESC-ROGER FREDSALL/SUPPI.IFS VENDOR TOTAL 108.36 79209 ATTITUDE DEV CONSULTAX 24026 12/15/87 P-8387-2D 11/2B/07 21.00 ACCOUNT NUMBER-100-4120-363000 AMT- 21.00 DESC-ATTITUDE DEV CONSLT/TRAINING VENDOR TOTAL 21.00 79223 HEALY-•P.UFF COMPANY 24027 12/15/07 36602 09/04/87 1500.00 ACCOUNT NUMBER-100-4270-703000 AMT- 1500.00 DESC-HEALY-RUFF/CAPITOL OUTLAY VENDOR 1,'.TAL 1500.00 31123 NATIONAL CAMERA EXCHA* 24028 12/15/87 26659 12/01/87 99.90 ACCOUNT NUMBER-100-4200-703000 A111- 99.90 DESC-NAT'L CAMERA EXCHG/POLOROID VENDOR TOTAL 99.90 A0100 AMI CANON 24029 12/15/87 1511-6 12/01/07 8.00 ACCOUNT NUMBER-100-4190-411400 AMT- 0.00 DESC-AMI CANON/SUPPLIES VENDOR TOTAL P..00 A0280 A T & T 24030 12/15/87 12/15/87 9.19 ,ACCOUNT NUMBER-255-4121--?10000 AMT- 9.19 DESC-AT&T/COPIMUNICATION VENDOR TOTAL 9.19 A0290 A T & T 24031 12/15/87 12/15/97 3.96 ACCOUNT NUMBER-100-4190-310000 AMT- 3.96 DESC-AT&T/COMMUNICATIONS VENDOR TOTAL 3.96 A0293 A T Y. T COMMUNICATIONX 24032 12/15/87 12/15/07 5.81 ACCOUNT NUMBER-100-4190-310000 AMT- 5.81 DESC-AT&T/COMMUNICATIONS VENDOR TOTAL 5.81 108.: 21N 21.1 500.1 SGOf 99.i 99.5 8:C e"a 5.8 B20 ADVANCED PRINTING 24033 12/15/87 23090 11/27/87 1440.00 1490:A ACCOUNT NUMBER-100-4190-343000 AMT- 720.00 DESC-ADVANCED PRINTING/NEWSLETTER =aa ACCOUNT NUMBER-100-4350-343000 AMT- 720.00 DESC-ADVANCED PRINTING/NEWSLETTER VENDOR TOTAL 1440.00 1440:01 005 BEISSWENGER HARDWARE 24034 12/15/07 5634 10/16/87 2.55 2.5' ACCOUNT NUMBER-100-4200-122000 AMT- 2.55 DESC-BEISSWENGER/SUPPLIES 24034 12/15/87 1278 11/80/87 23.67 2376; ACCOUNT NUMBER-100-4190-121000 AMT- 23.67 DESC-BEISSWENGER/SUPPLIES 24034 12/15/87 498 11/19/87 2.25 2.2; ACCOUNT HUMBER-700-4121-123000 AMT- 2.25 DESC-BEISSWENGER/SUPPLIES 24034 12/15/87 -5634 12/15/87 9.12 9.1; ACCOUNT NUMBER-100-4190-121000 AMT- 9.12 DESC-BEISSWEHGERS/SUPPLIES 24034 12/15/87 15A 11/18/07 16.85 16.8: PAGE 4 ACCOUNTS PAYABLE CHECK REGISTER AP-CIO-01 MOUNDS VIEW VENDOR CHECK CHECK INVOICE INVOICE DISCOUNT CHEI NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT AMOUi k -'ACCOUHT _ NUMBER-410-4120-705000 AMT- 16.85 DESC-BEISWEHGER/STAIN FOR RANDOM 24034 12/15/87 30/30/87 9.19 9:7 ACCOUNT NUMBER-100-4190-511000 AMT- 9.19 DESC-BEISSWENGERS/SUPPLIES 24084 12/15/87 20A 10/30/87 17.78 17.7 ACCOUNT NUMBER-410-4120-705000 AMT- 17.70 DESC-BEISSWENGER/SUPPLIES x 24034 12/15/07 12A 11/02/87 4.69 4 E ACCOUNT NUMBER-100-4260-121000 AMT- 4.69 DESC-BEISSWENGER/SUPPLIES 24034 12/15/87 11/02/07 15.96 15Y'9 ACCOUNT KUMBER-100-4260-123000 AMT- 15.96 DESC-BEISSWENGERS/SUPPLIES z, 24034 12/15/87 9B 11/06/07 62.00 62:Q ACCOUNT NUPIBER-100-4260-123000 AI1T- 62.00 DESC-BEISSWENGER/SUPPLIES VENDOR TOTAL 164.06 164:0 A4985 AMERICAN LINEN SUPPLY* 24036 12/15/87 P77661123 11/23/87 10.00 ACCOUNT NUMBER-100-4190-355000 AMT- 10.00 DESC-AnLR1CAN LINEN/TOWELS 24036 12/15/87 P60811207 12/07/87 10.00 10.- ACCOUNT NUMBER-100-4190-355000 AMT- 10.00 DESC-AMERICAN LINEN/TOWELS VENDOR TOTAL 20.00 200 A4998 AMERICAN NATIONAL BANK24037 12/15/87 1139 11/09/87 88.71 ;;88".7 ACCOUNT NUMBER-590-4120-803000 AMT- 88.71 DESC-AMERICAN NAT'L BANY/AGENT FEE 24037 12/15/87 1140 11/09/87 53.00 `3 0 ACCOUNT NUMBER-590-4120-803000 AMT- :53.00 DISC-6hERICAH HAf'L BANY/AGENT FEE ..-7 VENDOR TOTAL 141.71 1417. � r 1MERICAN 011' OFFICE PRODU* 24038 12/15/87 181596 11/30/87 3.37 3'3 ACCOUNT NUMBER-100-4190-114000 AM1'• 3.37 DESC-AMERICAN OFFICE PROD/SUPPLIES - 24088 12/15/97 131193 11/20/87 119.17 119.3 ACCOUNT NUMBER-100-4190-114000 AMT- 119.17 DESC-AMERICAN OFFICE PROD/SUPPLIES 24038 12/15/87 131791 11/30/87 16.84 db:b ACCOUNT NUMBER-100-4190-114000 AMT- 16.84 DESC-AMERICAN OFFICE PROD/SUPPLIES VENDOR TOTAL 139.38 1393 IA5300 M H ANDERSON CONSTRUC* 24039 12/15/87 11/25/87 151.50 151.5 ACCOUNT HUMBER-410-4120-705000 ANT- 151.50 DESC-M H ANDERSON CONST/GRADING VENDOR TOTAL 151.50 151.5 B6750 BRAD RAGAN INC. 24040 12/25/87 105049 11/10/07 161.31 161.`3 ACCOUNT HUMBER-730-4121-122000 AMT- 161.81 DESC-BRnC RAGAN.'CUPPITES VENDOR TOTAL 161.31 161:3 C0655 CASE POWER I EQUIPMEN, 24041 12/15/87 CS 64362 11/06/87 70.05 70.0 ACCOUNT NUMBER-730-4121-123000 AMT- 70.05 DESC--CASE/SUPPLIES VENDOR TOTAL 70.05 70.0 C3022 CHAPIN PUBLISHING 24042 12/15/87 75185 11/16/87 177.84 177.8 ACCOUNT HUMBER-100-2303-000089 AMT- 177.84 DESC-CHAPIN PUBLISHING/ADVERTISEMNT R VENDOR TOTAL 177.84 177.0. C3100 CHENOWETH WHOLESALE FK 24043 12/15/07 00006 11/17/87 18.90 18.9" PAGE• 5 ACCOUNTS PAYABLE CHECK REGISTER AP-C10-01 MOUNDS VIEW VENDOR CHECK CHECK INVOICE INVOICE DISCOUNT CHI ' N7rENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT AMOI ®ACCOUNT P"'IBER-100-4100-160000 AMT- 10.90 DESC-CHENOWETH FLORAL/BRAGER PLANT VENDOR TOTAL 18.90 18, C5845 COMPUTOSERVICE, INC. 24044 12/15/07 11/30/07 1578.77 1573. ACCOUNT NUMBER-100-4120-703000 AMT- 573.77 DESC-COMPUTOSERVICE/TRAINING ACCOUNT NUMBER-100-4120-703000 AMT- 1000.00 DESC-COMPUTUSERVICE/SOFTWARE VENDOR TOTAL 1573.77 1573• C5960 CONTEL CREDIT CORPORA* 24045 12/15/07 11/11/87 300.97 $00. ACCOUNT NUNDER-100-4190-310000 ANT- 300.97 DESC-CONTEL/LEASE OF PHONE SYSTEM VENDOR TOTAL 300.97 300. C5980 CONTRACT CL--cAMINU 24046 12/15/87 11/15/87 660.00 660. ACCOUNT NUMBER-100-4190-353000 AM7- 530.00 DESC-CONTRACT CLEANING/NOV SERVICE ACCOUNT NUMBER-100-4190-121000 AMT- 130.00 DESC-CONTRACT CLEANING/SUPPLIES VENDOR TOTAL 660.00 660. C6000 COPY SALES 24047 12/15/87 00061131 12/02/87 200.75 200. ACCOUNT NUMBER-100-4190-112000 AMT- 169.75 DESC-COPY SALES/COPY PAPER ACCOUNT HUMBER-100-4190-112000 AMT- 31.00 DESC-COPY SALES/TONER VENDOR TOTAL 200.75 C6025 COTTENS INC 24048 12/15/87 S-782170 11/25/87 5.34 ACCOUNT NUMBER-100-4260-122000 AMT- 5.34 DESC-COTTEN'S/SUPPLIES 24040 12/15/87 S-781942 11/23/87 7.16 CCCOUNT NUMBER-100-4260-123000 AMT- 7.16 DESC-COTTEN'S/SUPPLIES 24048 12/15/87 S-780843 11/13/87 28.40 -ACCOUNT NUMBER-100-4260-122000 AMT- 28.40 DESC-COTTEH'S/SUPPLIES 24043 12/15/87 S-782925 12/03/87 47.73 ACCOUNT NUMBER-100-4260-122000 AMT- 47.73 DESC-COTTEN'S/SEAT COVER VENDOR TOTAL 88.68 C9700 CY'S MENS WEAR 24049 12/15/37 31219 11/03/07 23.40 ACCOUNT NUMBER-100-4200-240000 AMT- 23.40 DESC-CY'S UNIFORMS/RESERVE ARCS 24049 12/15/87 31353 11/17/87 29.75 ACCOUNT NUMBEP.-100-4200-240000 AMT- 29.75 DESC-CY'S UNIFORMS/BADGE WALLET VENDOR TOTAL 53.15 DAVIES WATER EOUIPMEN* 24050 12/15/87 12536 11/20/87 39.21 ACCOUNT NUMBER-700-4121-160000 AMT- 39.21 DESC-DAVIES WATER EQUIP/CLAMP VENDOR TOTAL 39.21 EXECUTONE 24051 12/15/87 47741 11/18/07 111.36 ACCOU14T NUMBER-100-419J-310000 AIIT- 111.36 DESC-EXECUTONE/INSTALL PHONE VENDOR TOTAL 111.36 5 FEDORS MARKET 24052 12/15/87 12/02/87 54.26 ACCOUNT NUMBER-100-4190-114000 AMT- 25.66 DESC-FEDORS MARKET/SUPPLIES ACCOUNT NUMBER-100-3912-000000 AMT- 10.00 DESC-FEDORS MARKET/SUPPLIES 44CCOUNT NUMBER-250-4351-160021 AMT- 18.60 DESC-FEDORS MARKET/SUPPLIES 200.7 5.3 7.1, 28.41 47.7; 88.6i 23.41 29.7`. 53.1° 39.21 39.21 111.36 111.36 54.26 " ACCOUNTS PAYABLE CHECK REGISTER PAGE' b MOUNDS VIEW INVOICE INVOICE DISCOUNT AP;-Ol AMOUNT NDft DATE VENDOR CHECK CHECY, AMOUNT NqfENDOR NAME NUMBER DATE INVOICE VENDOR TOTAL 54.26 555.311/05/87 555.35 F2000 5 DESC-FEED-RITE/SUPPLIES) ACCOUNTTHUMBER-700-4121-1600003 1AM1'J/87 9467 VENDOR TOTAL 555.3 12/15/87 50.00 BANK F.3636 IST ACCOUNATNUMBER Of00N4190-1140004 1AMT5/G7 50.00 DESC-FIRST STATE BA510.000POSIT BOX VENDOR TOTAL 4055 12/15/87 A31696 11/30/87 56.87 2 F5890 THE FORMS GROUP 56.87 DESC THE FORMS OR ACCOUNT AMT- ACCOUNT NUMBER-100-4190-114000 VENDOR TOTAL 56.87 11/24/87 15.00 240674 F6761 FRAN'S SERVICE 56 12/15/07 849674 DESC-FRAt4'S SERVICE/ATEHANCE ACCOUNT NUMDER-100-4260-513000 AMT- VENDOR TOTAL SOO 24057 12/15/87 0227521 11/16/87 90.00 G0055 G F 0 A 90.00 DESC-GFOA/MLMDERSNI9 ACCOUNT HUMBER-100-4150-341000 AMT- VENDOR TOTAL 90.00 2/15/87 59019 11/23/67 360.30 24058 1 61000 GARMENT GRAPHICS, INC* 360.33 DESC-GAkMENT GRAPHICS/JACY•ET ACCOUNT HUMBER-100-4100-160000 AMT VENDOR TOTAL 360.38 ®- 11/17/07 36.50 62100 GENERATOR SPECIALTY C* 24059 12/15/37 8850 ACCOUNT NUMBER-100-4260-122000 AMT- 36.50 VENDORGTOTALIOR SPEC36LJY0/I;EGULATOR 24060 12/15/87 497-027383 11/113/87 167.22 W W GRAINGER INC 24060 12/15/87 497-827734 11/20/87 92.54 AI1T- 10.22 DESC-W W GRAINGER/RANDGM-CAP OUTLA ACCOUNT NUMBER-410-4120 705000 ACCOUNT NUMBER-100-4121-160000 AMT- 92.54 DESC--W W GRAINGER/PUMP 24060 12/15/87 497-027730 !1/20/B7 37.24 37.2q TORCH ACCOUNT NUMBER-730-4121-160000 AMT- DESC-W W GRAI14GEk/297.00 VENDOR TOTAL 24061 12/15/07 1140163 11/11/87 95.28 HARMON GLASS 95.28 DESC-HARMON GLASS/SUPPLIES ACCOUNT NUMBER-730-4121 513000 SPIT" VENDOR TOTAL 95.28 24062 12/15/07 101. 11/23/B7 1.01.95 JIM HATCH SALES CO. AMT_ 101.75 DESC-JI11 HATCH SALES/SHOVELS ACCOUNT 14UMBER-100-4360-160000 11/23/87 24.73 24062 12.`15/87 7744 24.73 DESC-JIHATCH SALES/SUPPLIES ACCOUNT NUNDER-700-4121-160000 AMT- VENDOR TOTAL tl/17/87 95.00 HENNEPIN CTY CHIEFS O% 2;06'• 17/15/37 193400 DESC-HEHN CO PATAC/TRAINING ,(:COUNT NUMBER-100-4200-363000 AMT- CHECI AMC-Ii' 54.2, 555.$: 50.0 . 50.0i Sb.Bi 56.8. 15.0( 15.0(; 90.0(; 360.3E 360.3E $6.50 167.2 92.5 37.2 297.E 95.: 95. 101.' 24. 126. 95. PAGE 7 ACCOUNTS PAYABLE CHECK REGISTER AP-CIO-01 MOUNDS VIEW y VENDEIR CHECK CHECK. INVOICE iNVOICE DISCOUNT CHEC N,IENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT AMOUN VENDOR TOTAL 95.00 95.0 H5600 HOLMES L GRAVEN 24064 12/115/87 16861 11/24/87 377.95 379.9 ACCOUNT 14UMBER-100-2303-000889 AMT- 379.95 DESC-HOLMES 3 GRAVEN/LEGAL SERVICES VENDOR TOTAL 379.95 379.9 I5400 INGMAN LABORATORIES, 24065 12/15/87 12/15/87 40.80 40:8 ACCOUNT NUMBER-700-4121-303000 AMT- 40.30 DESC-INGMAN LAB/ANALYSES VENDOR TOTAL 40.00 40.61 L0560 LAMPERT BUILDING CENT* 24066 12/15/87 05302 10/26/87 33.90 as.9 ACCOUNT NUMBER-100-4190-121000 AMT- 33.90 DESC-LAMPERT/SUPPLIES VENDOR TOTAL 33.90 339 L1860 LEAGUE OF MI14NESOTA Cz 24067 12/15/87 12/15/07 80.00 80 0 ACCOUNT NUIIDER-100-4120-210000 AMT- 80.00 DESC-LEAGUE OF MN CITIES/HANDBOOK VENDOR TOTAL 90.00 80p� _ L2075 LENFER TRANSMISSION 24068 12/15/87 3447 11/18/87 290.00 290.0 ACCOUNT NUMBER-100-4260-513000 AMT- 290.00 DESC-LENFER ATOMATIC TRANS/MAINTENC VENDOR TOTAL 290.00 290.0 r L3545 LILLIE SURURBAN NEWS 24069 12/15/07 14132 11/27/07 69.48 I 690 �=OUNT NUMBER-100-2303-000809 AMT- 69.48 DESC-LILLIE SUB HEUS/LEGAL NOTICES VENDOR TOTAL 69.48 69r4 L4000 LORENZ BUS SERVICE, Ix 24070 12/15/87 872893 11/25/07 168.00 168.0.1 ACCOUNT NUMBER-250-4351-391021 AMT- 163.00 DESC-LORLN14Z BUS/SCHOOL'S OUT 24070 12/15/87 872940 12/03/87 90.00 90.0 ACCOUNT NUIIBER-250-4351-391042 AMT- 90.00 DESC-LORENZ BUS SERVICE/SESAME ST VENDOR TOTAL 258.00 2580 M2170 METRO WASTE CONTROL 24071 12/lc-/87 11/30/87 1559.25 1559.2 ACCOUNT NUMBER-730-3822-000000 AMT- 1559.25 DESC-METRO WASTE CONTROL/SAC FEES VENriOR TOTAL 1559.25 15S9.2 M3442 MIDWEST ASPHALT CORPO* 24072 12/15/07 021238 11/13/87 47.91 47.9 ACCOUNT 14UMBER-100-4270-124000 AMT- 47.91 DESC-MIDWEST ASPHALT/SUPPLIES 24072 12/15/87 021269 11/20/07 53.89 53.8 ACCOUNT 14UIIDER-700-4121-124000 AMT- 53.39 DESC-MIDWEST ASPHALT/SUPPLIES VENDOR TOTAL. 101.80 101.8 13444 MIDWEST AUTOMOTIVE INS 24073 12/15/87 008837 12/03/87 67.12 67.1 ACCOUNT NUMBER-100-4260-123000 AMT- 67.12 DESC-MIDWEST AUTOMOTIVE/MOTORS 24073 12/IS/87 007989 il/24/87 43.47 43.4 ACCOUNT NUMBER-100-4260-123000 AMT- 43.49 DESC-MIDWEST AUTOMOTIVE/PARTS VENDOR TOTAL 110.61 110.61 14200 NORTHERN STATES POWER* 24074 12/15/87 12/15/87 7986.91 7996.91 ;COUNT NUMBER-255-4121-321000 AMT- 17.81 DESC-NSP/UTILITY BILLI140 PAGE 8 ACCOUNTS PAYABLE CHECK REGISTER AP-CIO-01 MOUNDS VIEW INVOICE INVOICE VENF CHECK CHECK N VENDOR NAME NUMBER DATE I14VOICE NMBR DATE AMOUNT ACCOUNT NUMBER-700-4121--321000 AMT- 24.78 DESC-NSF/UTILITY BILLING ACCOUNT NUMBER-700-4121•-321000 AMT- 25.49 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-700-4121-321000 AMT- 758.08 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-700-4121-321000 AMT- 28.93 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-700-4121-32.000 AMT- 398.47 DESC-NSF'/UTILITY BILLING ACCOUNT NUMBER-700-4121-321000 AMT- 691.10 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-700-4121-321000 AMT- 445.87 DESC-NSF/UTILITY BILLING ACCOUNT HUMBER-700-4121-321000 AMT-- 7.94 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-700-4121-322000 AMT- 81.45 DESC-NSP/UT]LITY BILLING ACCOUNT NUMBER-700-4121-322000 AMT- 79.50 DESC-NSP/UTILITY BILLI14G ACCOUNT NUMBER-700-4121-322000 AMT- 27.15 DESC-NSF/UTILITI' BILLING ACCOUNT NUMBER-700-4121-322000 AMT- 77.53 DESC-NSP/UTILITY BILLI14G ACCOUNT NUMBER-700-4121-322000 AMT- 39.7.0 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-700-4121-322000 AMT- 20.20 DESC-NSP/UTILITY BILLING ACCOUNT NUMBF.R-730-4121-321000 ANT- 41.76 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-730-4121-321000 AMT- 22.35 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-780-4121-321000 AMT- 35.09 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4190-321000 AMT- 744.96 DESC-NSP/UTILITY BILLING ACCGUNT NUMBER-100-4190-222000 AMT- 641.24 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4230-321000 AMT- 2.50 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4230-321000 AMT- 4.90 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4260-321000 AMT- 146.74 DESC-NSP/UTILITY BILLING ACCOU14T NUMBER-100-4260-322000 AMT- 397.79 DESC-h3P/UTILITY BILLING CCCOUNT NUMBER-100-4270-324000 AMT- 21.76 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4270-325000 AIiT- 106.07 DESC-NSP.'UTILITY BILLING ACCOUNT NUMBER-100-4270-325000 Q1- 110.35 BESC-NSP/UTILITY BILLING ACCOUNT NUMBER-•100-4270-325000 AMT- 94.74 DESC-NSP/UTILITY BILLINGG ACCOUNT NUMBER-100-4860-321000 AMT- 29.12 DESC-NSP/UTILITY 9ILLING ACCOUNT NUMBER-100-4360-321000 AMT- 5.45 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4360-321000 AMT- 23.60 DESC-NSF/UTILITY BILLING ACCOUNT NUMBER-100-4360-321000 AMT- 10.12 DESC-149/UTILITY BILLING ACCOUNT HUIIBER-ICO-4360-321000 AMT- 19.58 DESC-NSF/UTILITY BILL1140 ACCOUNT NUMBER-100-4360-321000 AMT- 131.61 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4360-321000 AMT- J2.34 DESC-NSP/UTILITY BILLING ACCOUNT NUIIBER-]00-4360-321000 APT- 6.21 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4360--321000 AMT- 0.27 DESC-NSP/UTILITY BILLING ACCOUNT NUMBER-100-4270-324000 AMT- 2697.1-7 DESC-NSP/UTILITY BILLING ACCOUNT NHMDER-255-4121 -�21000 AMT- 5.51 DESC-LISP/UTILITY BILLING VENDOR -OTAL 7986.91 M4400 NORTHWESTERN BELL TEL* 24078 12/15/87 12/15/07 52.53 ACCOUNT NUMBER-100-4190-310000 AMT- 52.5:i DESC-HW BELL/COMMUNICATIONS VENDOR TOTAL 52.53 DISCOUNT AMOUNT PRECISION BUSINESS SYX 24079 12/15/87 S050076 12/03/07 11.25 ACCOUNT NUMBER-100-4190 `13000 AMT- 11.25 DESC-PRECISION BUS SYST/MAINTEHANC.E VENDOR TOTAL 11.25 IMSEY COUNTY TREASUR% 24000 12/15/87 12/15/87 771.50 COUNT NIUMBF.R-649-4121-701000 AMT- 771.5E DESC-RAMSEY CO/JOHNSON PROPERTY TAX 7906. 52. 52. 11. 11. 771. ACCOUNTS PAYABLE CHECK REGISTER PAGE 9 MOUNDS VIEW AP-C 01 CHECK CHECK INVOICE INVOICE DISCOUNT CHEC VEN1� NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT AMOUN 24080 12/15/87 C05632 11/17/87 30.37 30.3 ACCOUNT NUMBER-100-4150-303000 AMT- 10.12 DESC-RAMSEY CO/PROFESSIONAL SERVICE CO/PROFESSIONAL SERVILE ACCOUNT NUMBER-700-4120-303000 AMT- 10.i3 DESC-RAMSEY DESC-RAMSEY CO/PROFESSIONAL SERVICE ACCOUNT NUMBER-730-4120-303000 AMT- 10.12 VENDOR TOTAL 801.95 801.9 R5950 PAM ROSE 24081 12/15/87 112387 11/23/97 73.00 73•� ACCOUNT NL.18Ek-100-4100-020000 AMT- 7$.00 DESC-PAMELA ROSE/11/23.'87 73.00 73.0 VENDOR TOTAL 53225 SHORT ELLIOTT R HENGR* 24002 12/15/87 9989 11/19/87 2536.42 2536.4 ACCOUNT NUMBER-100-2303-000889 AMT- 559.31 DESC-SEH/ENNEST ASSESSMENT REAPPORTIONMENT ACCOUNT HUHBER-700-4120--$03000 AMT- 705.67 705.69 DESC-SEH/ASSESSMENT REAPPORTIONMENT ACCOUNT NUMBER-730-4120-308000 AMT- 99.43 DESC-SEN/COUNTY ROAD I ACCOUNT NUMBER-499-4121--303655 AMT- ACCOUNT NUMBER-420-4121-303000 AMT- 260.31 DESC-SEH/SWM ACCOUNT NUMBER-100-2303-000901 AMT- 9.08 125.24 DESC-SEH/GREENFIEI.D DESC-SEH/DYNAMICS DESIGNERS ACCOUNT NUMBER-lU0-2303-000886 AMT- ACCOUNT NUMBER-10-2303-000893 AMT- 71.70 DESC-VENDORSTOTALD DAY. 2536.42 2536.4 S5605 SNYDERS DRUG STORES 24003 i2/15/87 002009 11/30/37 18.47 ICCOUNT NUMBER-100-4190-114000 AMT- 18.47 DESC-SNYDERS/SUPPLIES �1 l 24003 12/IS/87 002008 11/24/37 41.94 9 ACCOUNT 4UMBER-100-4200-160000 AMT- 41.94 DE5C-S1IYUER DRUGS/PHOTO SUPPLIES 19.9 24083 12/15/87 002010 12/04/87 19.98 ACCOUNT NUMBER-100-4200-160000 AMT- 19.98 DESC-SNYDER DRUGS/SUPPLIES 80.3 VENDOR TOTAL 80.37 IS6250 2 SPRING LAKE FAR.: fITiE;; 4084 12/1.,/87 213.G6 12/04/87 213.86 DESC-SPR LK PK FIRE/INSPCTIONS 213.BA ACCOUNT NUMBER-100-4210-303000 AMT- VENDOR TOTAL 213.06 213.86 2225 TEXGAS 24085 12/15/87 12/15/87 1667.98 1667.9b ACCOUNT NUMBER-100-1260-000000 AMT- 297.04 DESC-TEXGAS/INVENTORY ACCOUNT NUMBER-100-1260-000000 AMT- 103.05 DESC-TEXGAS/INVENTORY ACCOUNT NUNL_R-300-1260-000000 AMT- 241.28 DESC-TEXGAS/INVENTORY ACCOUNT NUMBER-100-1260-000000 AMT- 93.71 DE5C-TEXGAS/1141)ENTORY ACCOUNT NUPIDER-100-1260-000000 AMT- 221.24 DESC-TEXGAS/DIVEHIDRY ACCOUNT NUIIEFR-100-1260-000000 AMT- 76.76 DESC-TEXGAS/INVENTORY _ ACCOUNT NUMBER-100-1260-000000 Ai.IT- 230.30 DESC-TL•XGAS/INVENTORY ACCOUNT NUMBER-100-1260-000000 AMT- 79.90 DESC-TEXGAS/INVENTORY ACCOU14T NUMBER-100-1260-000000 AMT- 203.3$ DE5C-TEXGAS/INVENTORY ACCOUNT NUMBER-100-1260-000000 AMT- 70.55 DESC-TEXGAS/INVENTORY ACCOUNT 14UMBER-100-4260-122000 AMT- 39.60 DESC-TEXGAS/SUPPLIES ACCOUNT NUMBER-730-4121-122000 AMT- 21.20 DESC-IES SUPPL1667.90 1667.98 VENDORTOTAL SYSTEM 1AMT-/87 0 46.20 `500 CCOUNTF(NUMBER-7S0-4 121-24 000 46.2012DESC-UNI10G8UNIFORMS/UNIFORMS PAGE 10 AP-(P01 VENDci,% NO VENDOR NAME 24007 12/15/87 2832741120 11/20/87 61.20 ACCOUNT NUMBER-730-4121-240000 AMT- 61.20 DESC-UNITOG UNIFORMS/UNIFORMS VENDOR TOTAL 107.40 ACCOUw S PAYABLE CHECK REGISTER MOUNDS VIED CHECK CHECK INVOICE INVOICE DISCOUNT HUMBER DATE I14VOICE NMBR DATE AMOUNT AMOUNT V7000 VOTO TAUTOES 9. REDPAT* 24088 12/15/87 11/30/87 2982.50 ACCOUNT NUMBER-100-4150-303000 AMT- 1789.50 DESC-VOTO,TAUTGES, REDPATH/AUDITING ACCOUNT NUMBER-700-4120-303000 AMT-- 596.50 DESC-VOTO,TAUTGES, REDPATH/AUDITING ACCOUNT NUMBER-730-4120-303000 AMT- 596.50 DESC-VO'T0,'iAUTGES, REDPATH/AUDITING VENDOR TOTAL 2982.50 650 WARNER INDUSTRIAL SUP* 24089 12/15/87 1282115-01 10/30/87 59.36 ACCOUNT NUMBER-410-4121-705000 AMT- 59.36 DESC-WARNER IND SUPPLY/PAINT VENDOR TOTAL 59.33 ZEP MANUFACTURING COM* 24090 12/15/87 S7201181 11/25/81 157.35 ACCOUNT NUMBER-100-4260-160000 AMT- 157.35 DESC-ZEP MFG/CLEANING SUPPLIES VENDOR TOTAL 157.35 GRAND TOTAL 32008.62 rw 4:-11 F9. 157: 157 PAG1 ACCOUNTS PAYABLE PRE -PAID CHECK REGISTER AP- z02 MOUNDS VIEW VENDOR CHECK CHECKINVOICE INVOICE DISCOUNT NO VENDOR NAME NUMBER DATE INVOICL' NiIBR DATE AMOUNT )MOUHT M2075 MENARDS 21930 11/17/87 11/17/87 275.00 ACCOUNT NUMBER-100-4360-121000 AMT- 275.00 DESC-VENDORMS/DOORS TOTAL47J 00 81210 JEANETTE STURGES 21931 11/18/87 11/10/87 16.00 ACCOUNT NUMBER-250-3500-354255 AMT- 16.00 VENDORJTOTALTE SiURGES REFUND 16 6 1ST STATE BANK OF NEW* 21932 11./20/87 11/20/87 42579.01 ACCOUNT NUMBER-100-4120-010000 AMT- 1830.90 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4150-010000 AMT- 2816.68 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4100-010000 AMT- 2961.72 DESC-FIRST STATE BANK - SALARIES ACCOUNT HUMBER-100-4190-010000 AMT- 632.80 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4200-010000 AMT- 17726.35 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4200-011000 AMT- 344.70 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4200-020000 AMT- 347.06 DESC-FIRST STATE BANK. - SALARIES ACCOUNT NUMBER-300-4230-010000 AMT- 928.50 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4240-020000 AMT- 210.00 DESC-FIRST STATE BABY. - SALARIES ACCOUNT NUMBER-100-4260-010000 ANT- 1008.00 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4260-011000 AMT- 141.75 DESC-FIRST STATE BANK - SALARIES ACCOUNT N..UMBER-100-4270-010000 AMT- 1000.00 DESC-FIRST STATE BANK, - SALARIES ACCOUNT NUMBER-100-4350-010000 AMT- 2396.00 DESC-FIRST STATE BANK. - SALARIES ACCOUNT NUMBEP-100-4350-020000 AMT- 490.38 DESC-FIRST STATE BANK -SALARIES ACCOUNT NUMBER-100-4360-010000 AMT- 1866.48 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-100-4360-011000 AMT- 36.30 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4351-020011 AMT- 81.26 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4351-020014 APIT- 53.63 IIESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4351-020024 AMT- 390.00 DESC-FIRST STATE BANK - SALARIES ACCOUNT !:UMBER-250-4351-020039 AMT- 11.37 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4351-020042 AMT- 70.00 DESC-FIRST STATE BANI( - SALARIES ACCOUNT NUMBER-250-4352-304102 AMT- 160.00 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4354-020227 AMT- 32.82 DESC-FIP.ST STATE BANK - SALARIES ACCOUNT NUMBED-250-4354-0'_.Q30 Ai:T- 11.86 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4354-020231 AMT- 1U.14 AESC-FIRST STATE DANK - SALARIES ACCOUNT NUMBER-250-4354-0202'2 AMT- 6B.07 DESC-FIP.ST STATE B:,tiK SALARIES ACCOUNT NUMBER-250-4354-0202?4 AMT •185.13 DESC-FIRST STATE DA'ALtIIES ACCOUNT NUMBER-250-4354-020237 AMT- 55.37 DESC-FIRS .')TF BAN1: - SALARIES ACCOUNT NUMBER-250-4354-020238 AMT- 11.44 DESC-FIRST S'fA1;_ BANK - SALARIES ACCOUNT NUMBER-250-4354-020239 AMT- 79.79 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4354-020244 AMT- 134.66 DESC-FIRST STATE BANE( - SALARIES ACCOUNT NUMBER-250-4354-020250 ANT- 138.63 DESC-FIRST STATE BANE: - SALARIES ACCOUNT NUMBER-250-4354-020253 AMT- 47.26 DESC-FIRST STATE BANK - SALARIES ACCOU14T NUIIBER-250-4354-020254 AMT- 12.75 DESC-FIRST STATE BANK - SALARIES ACCOUNT NUMBER-250-4354-020255 AMT- 7.88 DESC-FIRST STATE BANE: - SALARIES ACCOUNT NUMBER-250-4354-020256 AMT- 21.00 DESC-FInST STATE BANE( - SALARIES ACCOUNT NUMBER-270-4121-020000 AMT- 52.00 DESC-FIRST ST:.TE BANK - SALARIES 4CCOUNT NUMBER-275-4451-020000 APIT- 293.63 DESC-FIRST STATE BANK - SALARIES COUNT NUMBER-700-4120-010000 AMT- 536.55 DESC-FIRST STATE BA14K - SALARIES ACCOUNT NUIIBER-700-4121-010000 AMT- 2U16.00 DESC-FIRST STATE BANI; - SALARIES ACCOUNT NUMBER-700-4121-011000 AMT- 39.30 DESC-FIRSf SfA1'E BANE; - SALARIES 275.1 16:1 16.1 42579.'0 ACCOUNTS PAYABLE PRE-PATD CHECK REGISTER AG('�2 AP-ClV-02 MOUNDS VIEU INVOICE NVOI INVOICE DISCOUNT CHEC VENDOR CHEf,fC NUMBER CHECK DATE INVOICE HMbR DATE AfflUNT AMOUNT AMOU NO VENDOR NAME ACCOUNT NUMBER-700-4121-020000 AMT- 352.00 DESC-FIRST DESC-FIkST STATE BANK. _ SALARIES STATE BANK SALARIES ACCOUNT NUMBER-730-4120-010000 AMT- AMT- 536.55 2115.50 DESC-FIRST BANK-SSALARIES ACCOUNT NUMBER-730-4121-010000 11/20/STSTATE 1606:5 21933 11/20/87 ANT- 12.30 DESC-FIRST ST BANK/MEDICARE ACCOUNT NUIIBER-100-4200-031000 8.78 DESC-FIRST ST BANK./MEDICARE ACCOUNT NUMBER-250-4351-031000 AMT- 2.32 DESC-FIRST ST BANK/MEDICARE ACCOUNT NUMBER-250-4352-031000 AMT- 8.39 DESC-FIRST ST BANK,/MEDICARE ACCOUNT NUMBER-250-4354-031000 AMT- DESC-FIRST ST BANE:/MEG1 ifiE ACCOUNT NUMBER-270-4121-031000 AMT- .75 4.26 DESC-FIRST ST BANK/MEDICARE ACCOUNT 14UMBER-275-4451-031000 AHT- 5.10 DESC-FIRST ST HANK/MEDICARE ACCOUNT HUMBER-700-4121-031000 AMT- AMT- 108.57 DESC-FIRST ST BANIC/FICA ACCOUNT NUMBER-100-4120-030000 AMT- 201.39 DESC-FIRST ST BANK/FICA ACCOUNT HUMBER-100-4150-030000 211.76 DESC-FIRST ST BANVIFICA ACCOUNT NUMBER-100-4180-080000 - 00-419 0-03000 o N U MBER 1 AMT- T- AMT- 45.25 DESC-FIRST ST B ANK/FICA ACCOUNT ACCOUNT _ � - NUMBER-100 423 0 030000 AMT- � 8...84 DESC-FIRST DESC F r CA �T BANK/FICA ST BANK/FICA - ' ACCOUNT HUMBER-100-4230-C30000 Atli- 44.04 15.01 DESC-FIRST DESC-FIRST ST BANK/FICA ACCOUNT NUMBER-100-4240-030000 AMT- 82.21 DESC-FIRST ST BANK/FICA ACCOUNT NUMBER-100-4260-030000 AMT- AMT- 72.07 DEBC-FIkST ST bANY•/FICA ACCOUNT NUMBER-100-427o-030000 206.3c IRST DESC_FIRST ST BAWFICA 4C000NT NUMBER-100-4350-030000 AMT- - AMT- 1 36.0� EC DS ST BANK,/FICA C Cr,OUNT - 0000 - 03 NUMBER-100 4360 AMT- 39.08 DESC-FIRST S1 BANK/FICA -. ACCOUNT ACCOUNT NUMBER-250-4354-030000 NUMBER-700-4120-030000 AMT- 10.39 DESC-FIRST ST BANK/FICA a? 4 ACCOUNT NUMBER-700-4121-080000 AMT- 146.95 DESC-FIRST DESC-FIkST ST BAHY./FICA ST BAI{K/FICADESC- ' ACCOUNT NUMB2-730-4120-03P000 AMT- AMT- 10.39 151.28 BA44185-56 ACCOUNT NUMBER-730-4121-030000 VENDORFIRST TOTALST 44185'5i 2 P7900 PUB EMPLOYEES RETIREM* 1934 1-/20/87 $8.35 11/20/87 2982.52 DESC-F'EGA - PENSIONS 2982.5; ACCOUNT NUMBER-100-4120-033000 AMT- AMT- 119.71 DESC-PERA - PENSIONS ACCOUNT NUMBER-100-4150-033000 AMT- 79.12 DESC-PERA - PENSIONS ACCOUNT ACCOUNT HUMNEk-100-4180-033000 NUMBER-100-4190-033000 AMT- 26.89 DESC-PERA - PE:4SIOI4S FEHSIOHS ACCOUNT NUMBER-I00-4200-033000 AMT- 47.94 2069.45 DESC-PERA DESC-PERH - - PENSIONS ACCOUNT NUMBER-100-4200-034000 AMT- AMT- 8.93 DESC-P'ERA - PENSIONS ACCOUNT NUMBER-100-4240-038000 NUMBER-100-4250-033000 AMT- 48.86 DESC-PERA - PENSIONS ACCOUNT ACCOUNT NUMBER-100-4270-OVOOO AMT- 42.34 DESC-PERA - PENSIONS PENSIONS ACCOUNT NUMBER-100-4350-033000 AMT- 122.67 80.87 DESC-PERA DESC-PERA - - PENSIONS ACCOUNT NUMBER-100-4360-033000 AMT- DESC-PERA - PENSIONS ACCOUNT 14UIIBER-250-4354-033000 AMT- 13.24 6.17 DESC-PERA - PENSIONS ACCOUNT HUMBEP-700-4120-033000 NUMBER-700-4120-032000 AMT- AMr- 41.07 DESC-PERA - PENSIONS ACCOUNT ACCOUNT NUMBER-700-4121-033000 AMT- 07.35 DESC-PERA DESC-PERA - PENSIONS - PENSIONS ACCOUNT NUMBER-730-4120-032000 AMT- 41.07 6.18 DESC-PERA - PENSIONS 'COUNT COUNT HUMBER-730-4120-033000 NUMBER-730-4121-033000 AMT- AMT- 89.91 PENSIONS 2902.5 VENGORPTOTAL 2982.52 ACCOUNTS PAYABLE PRE -PAID CHECK RLGISTEP. PAOC 3 AP-CIO-02 MOUNDS VIEW INVOICE INVOICE UTNT OM CNEC VENDOR CHECK NUMBER CHECK DATE I14VOICE NMBR DATE AMOUUNT AMOUNT AMOUNT AMOUR NO VENDOR NAME U7000 UHIVERSTTY OF MINHESO>t 21935 11l23/87 11/23187 DESC-UNIV OF MN/TRAINING 30.00 30.0 ACCOUNT NUMBER-100-4120-363000 AMT- 30.00 VENDOR TOTAL 30.00 30.0 FIRE* 2193o S6250 SPRING LAKE PARK FIRE I1/24/07 11/24/87 DESC-SPR LK PIt FIR-c/CONTINGENCY 4600.00 FD 4600.01 ACCOUNT NUMBER-100-4210-390000 AMT- 4600.00 VENDOR TOTAL 4600.00 4600.01 72301 SCIENCE MUSEUM OF MINA 21937 11/24/87 11/24/87 DESC-SCIENCE MUSEUM/SCHOOL'S 72. 00 OUT 72.01 r;. ACCOUNT NUMBER-250-4351-35207.1 AMT- 72.00 VENDOR TOTAL 72.00 72.0 E 74260 CHUCKACCOUNT CHEESE 21938 11/24/87 11/24/87 DESC-CHUCK E CHEESE/SCHDUI.'S 111.90 OUT 111.8 ACCOUNT NUMBER-250-4^a51-352021 ANT- 111.80 VENDOR TOTAL 111.80 111.81 M2075 MENARD5 21939 11/25/87 039155 11/25/87 DESC-MENARD5/GARAGE 346.95 ADDITN SUPPLIES 346.9! ACCOUNT NUMBER-475-4121-705000 ANT- 346.95 846.95 346.9' VENDOR TOTAL tij M467.`-'4IHNESOTA MUTUAL LIFE 21940 11/30/97 11/30/87 DESC-MINN MUTUAL 17.00 - DEC INS PREMIUM 17;G1 p: \_.000UNT NUMBER-100-4120-041000 AMT- 3.40 DESC-MINN MUTUAL - DEC INS PREMIUM ACCOUNT NUMBER-100-4180-041000 AMT- 3.40 10.20 DESC-MINN MUTUAL - DEC INS PREMIUM ACCOUNT MUMBER-100-4200-041000 AMT- VENDOR TOTAL 17.00 17• 01 2 L0250 LMCIT HEALTH PfiOTECTI>; 1941 0 I1/..0/87 11/30/87 UPC 460.18 INS PRE73UM 460.11 ACCOUNT NUMBER-100-4120-040000 AMT- 71.52 DESC-LMCIT - DEC ±iREMIJM ACCOUNT NUMBER-100-4200-040000 AMT- 214.56 DESC-Lr`'IT DESC-Lli.J - DEC I.,S PREMIUM ACCOUNT NUMBER-100-4180-040000 AMT- 1.74.10 460.i8 460.I1 :'E!IDOR TOTAL PAM ROSE 21942 12/01/87 110487 12/01/87 73.00 73.01 IR5950 ACCOUNT NUMBER-100-4110-020000 AMT- 70.00 DESC-VENDORPAM TOTAOSE/li/0478700 73.01 GROUP HEALTH PLAN, INx 174..0 12/0../87 0 12/02/87 4508.65 4508.6' ACCOUNT NUMBER-100-4120-040000 AMT- 87.30 DESC-GROUP HEALTH/DEC I14S PREMIUM ACCOUNT NUMBER-100-4150-040000 AMT- 436.50 DESC-GROUP HEALTH/DEC INS PREMIUM ACCOUNT NUMBER-100-4180-040000 AMT- 22B.22 DESC.-GROUP IIEALTH/DEC INS PREMIUM ACCOUNT NUMBER-100-4190-040000 AMT- 82.15 DESC-GROUP HEALTH/DE' INS PREMIUM ACCOUNT NUMBER-100-4200-040000 AIIT- 1786.00 DESC-GROUP HEALTH/DEC INS PREMIUM ACCOUNT NUMBER-100-4230-040000 AMT- 87.30 DESC-GROUP HEALTH/DEC INS PREMIUM ACCOUNT NUMBER-100-4260-040000 AMT- 172.10 DESC-GROUT HEALTH/DEC INS PREMIUM ACCOUNT NUMBER-100-4270-040000 AMT- 172.10 DESC-GROUP HEALTH/DEC INS PREMIUM ACCOUNT NUMBER-100-4350-040000 A117- 349.20 DESC-GROUP HEALTH/DEC INS PREMIUM :COUNT NUMBER-100-4360-040000 AMT- 172.10 DESC-GROUP HEALTH/DEC INS PREMIUM ACCOUNT NUMbEk-700-4120-040000 AMT- 148.64 DESC-GROUP HEALTH/DEC INS PREMIUM DESC-GROUP 11EALTH/DEC INS PREMIUM ACCOUNT ACCOUNT NUMBER-730-4120-040000 AMT- 148.64 OE5C-GROUP HEALTH/DEC TNS PREMIUM PAr.' 4 ACCOUNTS PAYABLE PRE -PAID CHECK REGISTER AP-CIO-02 MOUNDS VIEW VENDOR CHECK CHECK, INVOICE INVOICE DISCOUNT CHEi NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUI4T AMOUI ACCOUNT NUMBER-730-4121-040000 AMT- 344.20 DESC-GROUP HEALTH/DEC INS PREMIUM VENDOR TOTAL 4508.65 4508.1 F3636 1ST STATE BANK OF NEWx 21944 12/04/87 12/04/07 43482.41 43482: ACCOUNT NUI'iBER-100-4100-010000 AMT- 1150.00 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER-100-4120-010000 AMT- 1830.91 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-100-4150-010000 AMT- 2814.30 DESC-FIRST STATE BANE; SALARIES ACCOUNT NUMBER- 100-4180-010000 AMT- 3015.56 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-100-4190-010000 AMT- 632.80 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER-100-4200-010000 AMT- 17738.63 DESC-FIRST STATE BANE; SALARIES ACCOUNT NUMBER-100-4200-011000 Al•IT- 541.62 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER- 100-4200-020000 AMT- 384.56 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-100-4230-010000 AM'.- °28.49 DESC-FIRST STATE BANK. SALARIES ACCOUNT NUMBER-100-4260-010000 AMT- 1008.00 DESC-FIRST STATE BANI. SALARIES ACCOUNT NUMBER-100-4270-010000 AMT- 1008.00 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-100-4350-010000 AMT- 2396.00 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER-100-4350-020000 AMT- 230.76 DIE3C-FIRST STATE BANK SALARIES ACCOUNT NUMBER-100-4360-010000 AMT- 1772.48 DESC-FIRST SIATE BANK SALARIES ACCOUNT NUMBER-100-4360-02C000 AMT- 168.60 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER-750-4?51-MIA/3 AMT- 240 00 ESC-`I C r'�T �TnTc oniil. SALARIES ES , ``-`)CCOUNT NUMBER-250-4351-020021 AMT- 285.00 DES6-FIRST STATE BANK SALARIES �- CCOUNT NUMBEP,-250-4351-020042 ANT- 70.00 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4852-304104 AMT- 10.00 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4353 304206 AMT- 7.50 DESC-FIRST STATE BANK, SALARIES it ACCOUNT NUMBER-250-4354-020226 AMT- 42.00 DESC-FIRST STATE BANK SALARIES ?' ACCOUNT NUMBER-250-4354-620229 AMT- 40.31 DESC-FIRST SPATE BANK SALARIES ACCOUNT NUMBER-100-4240-020000 AMT- 210.00 DESC-FIRST STATE BANK SALARIES ACCOUNT 4UMBER-250-4354-020230 AMT- 7.50 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-43�' 020231 AMT- 15.75 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4354-020233 AMT- 116.13 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4354-020234 AMT- 254.00 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-2.50-4354-020237 AMT- 81.25 DESC-FIRST STATE BANE; SALARIES ACCOUNT NUMBER-250-4354-020238 AMT- 7.50 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4354-020239 AMT- %.00 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMDER-250-4354-L,20244 AMT- 72.66 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER-250-4354-020246 AMT- 12.50 DESC-FIRST STATE BAN'(, SALARIES ACCOUNT NUMBER-250-4354-020250 AMT- 74.25 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4354-020253 APIT- 65.94 DESC-FIRST STATE BANK SR'ARTFS ACCOUNT NUMBER-250-4354-020254 AMT- 7.50 DESC-FIRST STATE BANE; SALARIES ACCOUNT NUMBER-290-4354-020255 AMT- 55.12 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-250-4354-020256 AMT- 49.B8 DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMDER-250-4354-020260 AMT- 278.69 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-275-4451-020000 AMT- 114.75 DESC-FIRST STATE BANK SALARIES ACCOUNT NUMBER-700-4120-010000 AMT- 535.35 DESC-FIRST STATE BAN✓, SALARIES ACCOUNT NUMBER-700-4121-010000 AMT- 2016.00 DESC-FIRST STATE DANK SALARIES ACCOUNT NUMBER-700-4121-020000 AMT- 291.50 DESC-FIRST STATE BANKSALARIES �ICOUNT NUMBER-730-4120-010000 ANT- 535.'S DESC-FIRST STATE BANK, SALARIES ACCOUNT NUMBER-730-4121-010000 AMT- 2104.50 DESC-FIRST STATE BANK SALARIES ACCOUNT IIUMBER-730-4121-020000 AMT- 201.75 DESC-FIRST STATE BANK. SALARIES 21945 12/04/87 12/04/87 1514.20 1514.28 1GE 5 ACCOUNTS PAYABLE PRE -PAID CHECK REGISTER 1-C10-02 MOUNDS VIEW ENDDR CHECK CHECK INVOICE INVOICE DISCOUNT CHECI` NO VENDOR NAME NUMBER DATE INVOICE NMBR DATE AMOUNT AMOUNT AMOUNT: ALCOUNT NUMBER-100-4100-0316vO AMT- 3.26 DESC-FIRST STATE RANK/MEDICARE ACCOUNT NUMBER-100-4200-031000 AMT- 12.48 DESC-FIRST STATE BANK/MEDICARE ACCOUNT NUMBER-250-4851-031000 AMT- 8.63 DES, -FIRST STATE BANK/MEDICARE ACCOUNT NUMBER-250-4352-031000 AMT- .14 DESC-FIRST STATE BANK/MEO'CARE ACCOUNT HUMBER-250-4353-091000 AMT- .12 DESC-FIRST STATE HANK/MEDICARE ACCOUNT NUMBER-250-4354-031000 AMT- 9.08 DESC-FIRST STATE BANK/MEDICARE ACCOUNT NUMBER-275-4451-031000 AMT- 1.66 DESC-FIRST STATE BANK/MEDICARE ACCOUNT NUMBER-700-4121-031000 AMT- 4.23 DESC-FIRST STATE BANK/MEDICARE ACCOUNT NUMBER-100-4120-030000 AMT- 64.52 DESC-FIRST STATE BANK/FICA ACCOUNT NUMBER-100-4150-CSOOOO AMT- 201.22 DESC-FIRST STATE BANK/FICA ACCOUNT NUIIBFR-100-4180-030000 AMT- 215.61 DESC-FIRST STATE BANK/FICA ACCOUNT NU11BER-100-4190-030000 AMT- 45.25 DESC-FIRST STATE BANK/FICA ACCOUNT NUMBER-100-4200-080000 AMT- 88.74 DESC-FIRST STATE BANK/FICA ACCOUNT NUMBER-100-4240-030000 AMT- 15.02 DESC-FIRST STATE. BANK/FICA ACCOUNT 14UMDER-100-4260-030000 AMT- 72.07 DESC-FIRST STALE BANK/FICA ACCOUNT NUMBER-100-4270-0'.0000 AMT- 72.07 DESC-FIRST STATE BANK/FICA ACCOUNT NUMBER-100-4350-030000 AMT- 187.81 DESC-FIR.. STATE BANK/FICA ACCOUNT NU"nBER-100 4360-030000 AhiT- 1?R.79 C_SC-FJRST STATE BANIVFICA ACCOUNT NUMBER-250-4354-030000 AMT- 43.92 DESC-FIRST STATE BAHI;/FICA COUNT NUHDER-700-4120-030000 AMT- 10.31 DESC-FIRST STATE DANK./FICA '-ACCOUNT NUMBER-700-4121-030000 AMT- 144.14 DESC-FIRST STATE BANK/FICA ACCOUNT NUMBER-730-4120-030000 AMT- 10.81 DESC-FIRST STATE BANK/FICA ACCOUNT 14UMBER-730-4121-030000 AMT- 164.90 DESC-IRST STATE BANK,/FICA VENDOR TOTAL 44996.69 44996.6 050 ICMA RETIREMENT CORPO* 21946 12/04/87 12/04/87 157.84 ACCOUNT NUMBER-100-4120-035000 AMT- 7R.92 DESC-ICMA/PENSIONS ACCOUNT NUMBER-100-42SO-035000 AMT- 78.92 DESC-ICi1A/PENSIONS VENDOR TOTAL 157.84 157.8 116 ROBERT JOHNSON ASSOCIN 21947 12/04/87 12/04/87 500.00 500.0 ACCOL114T NUMBEP,-100-2?03-000809 AMT- 500.00 DESC-ROBERT JOHNSON-JLN VENDOR TOTAL 500.00 500.0. 300 U 8 POSTMASTER 21948 12/07/87 12/07/87 420.81 420.8' ACCOUNT NUMBER-100-4350-530000 AMT- 420.91 DESC-U S POSTAL SERVICE VENDOR TOTAL 420.81 420.0 )25 COTTENS IHC 21949 12/07/87 S-774792 12/07/87 82.46 82.4 ACCOUNT HUMBER-100-4260-122000 AMT- 44.40 DESC-COTTEN'S/SUPPLIES ACCOUNT NIIMBER-100-4260-122000 AMT- 3B.06 DESC-COTTEN'S/SUPPLIES VENDOR TOTAL 82.46 82•t )75 MEHAROS 21950 12/07/87 1?998 12/07/87 878.81 878.6 'COLINT NUMDER-100-4560-121000 AMT- 878.81 DESC-MENARDS/DOORS VENDOR TOTAL 878.81 078.E 102 DONATELLE'5 21951 12/07/87 12/07/07 222.50 222.E ACCOUNT 4UMDER-250-4552-$90130 AMT- 222.50 DESC-DDNATELLE'S/SENIOR CHRISTMAS VENDOR TOTAL 222.50 222.E 0E 6 AUOUNTS PfYABLE PRE -PAID CHECK REGISTER -C10-02 MOUNDS VIEW HDOR CHECK CHECK INVOICE INVOICE DISCOUNT CHECK NO VENDOR NAME NUMBER DATE INVOICE NMPR DATE AMOUNT AMOUNT AMOUNI 425 FIDELITY & GUARANTY L* 21953 1210B/87 12/01/87 67.00 ACCOUNT NUMBER-100-4120-041000 AMT- 1.45 DESC-FIDELITY & GUARANTY/DEC INS ACCOUNT 14UMBER-100-4150-04100J AMT- 7.26 DESC-FIDELITY & C'1ARANTY/DEC INS ACCOUNT NUMBER-100-4180-041000 AMT- 6.76 DESC-FIDELITY & GUARANTY/DEC INS z. ACCOUNT NUMBER-100-4190-041000 AMT- 2.90 DESC-FIDELITY & GUARANTY/DEC INS ACCOUNT NUMBER-100-4200-041000 AMT- 34.80 DESC-FIDELITY & GUARANIY/DEC INS { ACCOUNT NUMBER-100-4260-041000 AMT- 2.90 DESC-FIDELITY & GUARANTY/DEC INS - ACCOUNT NUMBER-100-4270-041000 AMT- 2.90 DESC•FIDELITY Z GUARANTY/DEC INS ACCOUNT NUMBER-100-4230-041000 AMT- 1.45 DESC-FIDELITY & GUARANTY/DEC INS ACCOUNT NUMBER-100-4350-041000 AMT- 5.80 DESC-FJDELITY & GUARANTY/DEC INS ACCOUNT NUMBER-100-4360-041000 AMT- 2.90 DESC-FIDELITY & GUARANTY/DEC INS ACCOUNT NUMBER-700-4120-041000 AMT- 3.14 DESC-FIDELITY & GUARANTY/DEC INS ACCOUNT NUMBER-700-4121-041000 AMT- 5.80 DESC-FIDELITY & GUARANIY/DEC INS ACCOUNT NUMBEP-730-4120-041000 AMT- 3.14 DESC-FIDELITY & GUARANTY/DEC INS . ACCOUNT NUMBER-730-4121-041000 AMT- 5.80 DESC-FIDELITY & GUARANTY/DEC INS VE"'IR TOTAL 87.00 874C 2135 NFRMAID BOWLING LANES 21954 12/08/87 COUNT NUMBER-100-3912-000000 AMT- 72.50 21955 12/08/87 ACCOUNT NUMBER-100-3912-000000 AMT- 93.60 0680 DONALD PAULEY 21957 12/07/87 ACCOUNT NUMBER-100-4190-114000 AMT- 125.01 12/08/87 72.50 - 72.5C DESC-MERMAID/EMPLOYEE BOWLING t+ 12/08/87 93.60 93.6t DESC-MERMAID/EMPLOYEE CHRISTMAS PTY VENBOR TOTAL 166.10 166.1 12/09/87 125.01 125.01 UESC-11ONALD PAUI.EY/HEATERS VENDOR TOTAL 125.01 125.01 GRAND TOTAL 105315.88 105315.Bf Sixth Dr f , HU125-3 CONTRACT FOR PRIVATE REDEVELOPMENT By and Between ( THE CITY OF 19OUNDS VIEW] MINNESOTA EVEREST DEVELOPMENT, LTD. And COMMERCIAL PROPERTY INVESTMENTS, INC. This document was drafted by: HOLMES h GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 TABLE OF CONTENTS Page ARTICLE I Definitions Section 1.1. Definitions ARTICLE iI Representations and Warranties Sec'ior 2.1. Representations by the City Section 2.2. Representations and Warranties by the Redeveloper Section 2.3. Redeveloper's Liability Joint and Several ARTICLE III Acquisition and Conveyance of Prooertyl Public improvements Section 3.1. Current Status of Redevelopment Prop.: ty 10 Section 3.2. Acquisition of Redevelopment Property 11 Section 3.3. Conveyance of the Redevelopment Property 11 Section 3.4. Time of Conveyance 11 Section 3.5. Title 12 Section 3.6. Public improvements 12 Section 3.7. Financing City Activities 13 Section I.e. Dedication of City Financial Assistance 15 Section 3.9. issuancl- of Bonds, Use of Bond Proceeds 15 ARTICLE IV Construction of Minimum improvements Section 4.1. Construction of Minimum Improvements 17 Section 4.2. Construction Plans 17 Section 4.3. Commencement and Completion of Construction 18 Section 4.4. Certificate of Completion 19 Section 4.5. Development Letter of Credit 20 Section 4.6. Phases 20 ARTICLE V insurance and Condemnation Section 5.1. Insurance 22 Section 5.2. Condemnation 25 ARTICLE VI Tax increment Section 6.1. Tax Guarantee 26 Section 6.2. Tax Increment Certification. 27 Section 6.3. Real Property Taxes 27 Section 6.4. Assessment Agreement 28 ARTICLE Vil Financin Section 7.1. Financing 29 Section 7.2. LimItation Upon Encumbrance of Property 29 Section 7.3. Approval of Mortgage 29 ' Section 7.4. Copy of Notice of Defacit to Mortgagee 30 Section 7.5. Mortgagee's Option to Cure Defaults 30 Section 7.6. City's Option to Cure Default on Mortgage 30 Section 7.7. Subordination and Modification for the Benefit of Mortgagees. 31 ARTICLE Vlll Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment 32 Section 8.2. Prohibition Against Transfer of Property and Assignment of Agreement 32 Section 8.3. Release and indemnification Covenants 33 ARTICLE IX Events of Default Section 9.1. Events of Default Defined 35 Section 9.2. Remedies on Default 36 Section 9.3. Revesting Title in City Upon Happening of Event Subsequent to Conveyance to Redevelop:r 36 Section 9.4. Resale of Reacquired Property; Disposition of Proceeds 38 Section 9.5. No Remedy Exclusive 39 Section 9.6. No Additional Waiver implied by One Waiver 39 n ARTICLE X Additional Provisions Section 10.1. Conflict of Interestsl City Representatives Not Individually Liable 4d Section 10.2. Equal Employment Opportunity 40 Section 10.3. Restrictions on Use 40 Section 10.4. Provisions Not Merged With Deed 40 Section 10.5. Tl:les of Articles and Sections 40 Section 10.6. Notices and Demands 40 Seetlon 10.7 Counterparts 41 ARTICLE XI Termination of Agreement Section 11.1. Termlmition of Agreement 42 Section 11.2. Effective Termination 42 SIGNATURES 43 SCHEDULE A Description of Redevelopment P•°operty r- - SCHEDULE B Quit Claim Deed SCHEDULE C Assessment Agreement and Assessor's CertlNeation SCHEDULE D Certificate c: Completion and Release of Forfeiture SCHEDULH E Permitted Encumbrances SCHEDULE F Irrevocable Letter of Credit SCHEDULE G Contract for Deed SCHEDULE H Site Plan SCHEDULE I Description of Public Improvements SCHEDULE J Construction Schedule for Public Improvements SCHEDULE K Form of Opinion of Redeveloper's Legal Counsel CONTRACTFOR PRIVATR REDEVELOPMENT THIS AGREEMENT, made on or as of the day of , 1987, by and between The City of Mounds View (the "City'), a home rule city of the State of Minnesota, having its principal offices at 2401 Highway 10, Mounds View, Minnesota 55112 and Everest Development, Ltd., a Minnesota corporation with its principal office at 2685 Long Lake Road, °oseville. Minnesota 551131 and Commercial Property Investments, inc., R Minnesota Corporation, with its principle office at 2685 Long Lake Road, Roseville, Minnesota 55113 (Everest Development, Ltd., and Commercial Property investments being collectively referred to herein as "Redeveloper'). WITNESSETHr WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and Iaws of the State of Minnesota and its charter and Is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Sections 469.124 to 469.134, as amended, the Council Is authorized to establish development districts in order to provide for the development and redevelopment of the City; and 'Y WHEREAS, pursuant to the Minnesota Tax inere.aent Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended, the Councl! is authorized to finance the capital and administration costs of a development district with tax Increment revenues derived from a tax Increment financing district established within such development district; and WHEREAS, the Council of the City has established Development District Number 2 (the "Development Distract") pursuant to the Mumicipal Development Districts Act; and WHEREAS, In conneci.o• -pith the Development District, the City Council of the City has created a tax Increment financing district (the "Tax Increment District') pursuant to the Minnesota Tax increment Financing Act; and WHEREAS, In connection with the Tax Increment District the Council of the City has prepared and approved a tax increment financing plan (which tax Increment financing plan, together with the Development District plan is hereinafter referred to as the "Plan'); and WHEREAS, the major objectives of the Council in establishing the Development District are to; acquire land or space which is vacant, unused, underused, or inappropriately used; eliminate or correct physical deterrents to the development of land; acquire property containing structurally substandard buildings and remove structurally substandard buildings for which rehabilitation is not feasible; eliminate blighting influences which Impede potential development; provide adequate streets, sidewalks, and other public improvements to enhance the area for new development; achieve a high level of design and landscaping q�lr lty to enhance the phys;eal environment; provide emp!oyment opportunities through the creation of new Jobs; improve the financial base of the City and State; coordinate elements of the City's Comprehensive Plan with these project objectives; and provide maximum opportunity, consistent with the needs of the City, for development by private enterprise; and WHEREAS, in order to achieve the objectives of the Coun:il In creating the Development District the City is prepared to acquire certain real property located In the Development District (such real property is more particularly described In Schedule A to this Agreement), to construct certain public Improvements thereon, and to convey such reel property to the Redeveloper for development and redevelopment in accordance with this Agreement; and WHEREAS, in order to achieve the foregoing the City has determined to provide substantial aid and amistance throne, the sale of "nds; and WHEREAS, the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best Interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and previsions of applicable federal, state and local laws under which the Development District and Program Is being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: (� ARTICLE I Definitlons Section I.I. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means the Municipal Development Districts Act, Minnesota Statutes, Sections 469.124 to 489.134, as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Assessed Market Value' nr "Assessed Market Valuation" means the market value of real property as determined by the county assessor of the County in accordance with Minnesota Statutes, Section 273.11 (or as finally adjusted by any assessor, board of equalization, commissioner of revenue, or any court). "Assessment Agreement" means each agreement, in the form of the agree- ment contained in Schedule C attached to and made a part of this Agreement, among the Redeveloper, the City, and the county assessor of the County, entered Into pursuant to Section 6.4 of this Agreement. "Assessor's Minimum Market Value" means the agreed minimum market value of any Phase of the Redevelopment Property for calculation of real property taxes as determined by the county assessor for the County pursuant to the Assessment Agreement. "Bonds" means the bonds or other obligations Issued by the City to finance Its acquisition of the Redevelopment Property, construction of the Public Improvements, and its other costs hereunder (and costs related to such acquisition and construction). The term "Bonds" shall also include any bonds or obligations Issued to refund any Bonds. "Certificate of Completion" means the certification, in the form of the certificate contained in Schedule D attached to and made a part of this Agreement, provided to the Redeveloper, or the purchaser of any pert, parcel or unit of the Redevelopment Property, pursuant to Section 4.4 of this Agreement. "City" means the City of Mounds View; Minnesota, or its successors or assigns. "Construction Plans" means the plans, specifications, drawings and relates. documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the Building Official of the City, and (b) shall include at least the following for each building. (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides, except as to a side of existing structure where no construction is to take place), (7) facade and landscape plan; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request. "Contract for Deed" means that certain "Contract for Deed," a copy of which is attached hereto as Schedule G dated December 31, 1986, between Russell H. Underdahl and Elaine Underdehl, as vendors, and JLN Development, Inc., a Minnesota corporation, as vendee, providing for the sale of the majority of the Redevelopment Property, the vendee's Interest under which Contract for Deed has, as of the date hereof, been assigned by JLN Development, Inc., to Commercial Property Investments, Inc., a Minnesota corporation. "County" means the County of Remsey, Minnesota. "Developer's Agreement" means the agreement dated , between the Redeveloper and the City, including all exhibits thereto, as the same may be amended from time to time. "Development District" means Development District No. 2 created by the City pursuant to the Act through the adoption of the Plan on September 22, 1986. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. "Guarantee Letter of Credit" means the letter of credit required to be provided by the Redeveloper pursuant to Section 6.1 of this Agreement. "Holder" means the grantee under any Mortgage. "Maturity Date" means the earlier of December 31, 2011, or the date when 5.. the principal of, premium (if any), and Interest on the Bonds are paid in full. "Minimum Improvements" means the Improvements to be constructed by the Redeveloper or. the Redevelopment Property which improvements are described in the Developer's Agreement. "Minnesota Environmental Policy Act" means the statutes located at Min- nesota Statutes, Sections 116D.01 et sew., as amended. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, Sections 116B.01 et sag., as amended. "Mortgage" means an; mortgage made by the Redeveloper which is secured, In whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article Vill of this Agreement. "Net Proceeds" means any proceeds paid bi an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of couns-1) incurred in the collection of such proceeds. "National Environmental Policy Act" means the federal law located at 42 U.S.C. SS 4331 et seq., as amended. "Parcel" means a portion of the Redevelopment Property upon which a Phase is to be constructed by the Redeveloper. "Permitted Encumbrancea" means the encumbrances described in Schedule E of this Agreement. "Phase" means a separate, segmented stage of the development of the Minimum Improvements on the Redevelopment Property, consisting of specific Minimum in Section improvements to of this Agreement. cifisParcel of the Redevelopment Poperty, all as prov4. "Program" means the Development Program adopted by the City in connection with the creation of the Development District, as it may be amended or modified from time to time. "Public Improvements" means the improvements to be constructed pursuant to Section 3.5 of this Agreement in connection with the Redeveloper's development of the Minimum Improvements hereunder. "Redemption Date" raeans the earliest date on which any Bonds may be redeemed and paid prior to full maturity. "Redeveloper" means collectively Everest Development, Ltd., a Minnesota corporation, and Commercial Property investments, inc., a Minnesota corporation, and their successors or assigns. "Redevelopment Property" neans the real property upon which the Minimum improvements are to be constructed, which real property is described on Schedule A of this Agreement. "plan:: means, coilectively, the tex increment financing plan and development isadethe inlrespectively.connection tcreation of he Tax IncrementDitrictnthe Development District, "Redevelopment Property Deed" means a quit claim deed, substantially in of Redevelopmenthep Property, or each BParcel 1 thereof, m from usthe ed t convey deed In Cityto the Redeveloper. "Site Plan" means the plan attached hereto as Schedule H showing the proposed nature and location of the Minimum Improvements. "State" means the State of Minnesota. "Tax Increment" means that portion of the real estate taxes paid with respect to the Redevelopment Property which is remitted to the City as tax increment pursuant to the Tax increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended and as It may be amended. "Tax increment District" means the Tax Increment Financing District created by the Council within the Development District through Its adoption on September 22, 1986, of a tax increment financing plan pursuant to the Tax Increment Act. "Tax official" means any City County or State board of equalization, or any State or federal district court, Supreme Court. or county assessor; County auditor; City, the commiss!,jner of revenue of the State, the tax court of the State, or the State "Unavoidable Delays" means delays which are the direct result of strikes, le casualties to theeyMinimum improvements, are the dl"ect s the ult f Public slmprovementaeeable and nvthebRedevelopment Property or the equipment used to construct the Minimum improvements or Public Improvements, delays which are the direct result of governmental action, delays which are the direct result of Judicial action commenced by third parties, citizen opposition or action affecting this Agreement or adverse weather condlliona or acts of Cod. r j ARTICLE U Representations and Warranties Section 2.1 Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein containeds (a) The City Is a home rule city duly organized and existing under the laws of the State. Under the provisions of its charter and the Act, the City has . the power to enter Into this Agreement and carry out Its obligations hereunder. (b) The City has created, adopted and approved the Development District In accordance with the terms of the Act. (c) The City has created, adopted, certified, and approved the Tax increment District pursuant to the Tax Increment Act. (d) The City proposes to (1) acquire the Redevelopment Property and to convey the Redevelopment Property to the Redeveloper for ::oes In accordance with the Plan ane this Agreement, and (it) construct or cause to be constructed the Public improvements. (e) To finance the costs of the activities to be undertaken by the City, the City proposes to use the proceeds of Bonds Issued by the City, together with interest earnings thereon, and to pledge tax increment generated by the Redevelopment Property to the payment of the principal of and interest on the Bonds. (f) The City will cooperate with the Redeveloper with respect to any litigation commenced by third parties in connection with this Agreement. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) In the event the Redevelopment Property is conveyed to the Rede- veloper, then the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Developer's Agreement, the Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans approved by the City. (b) The Minimum improvements, as of the date hereof, constitute an allowed use under the zoning ordinance of the City. (c) At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations, and will have ;btained any and all necessary environmental reviews, licenses or clearances under (anj is in compliance with the requirements of) the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and the Critical Areas Act of 1973. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environments) law or regulation. As of the date of execution of this Agreement, the Redeveloper Is aware of no facts, the existence of which would cause It to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. (e) The Redeveloper will construct the Minimum Improvements In accordance with all applicable local, state or federal energy -conservation laws or regulations. (f) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, In a timely manner, all requirements of all applicable local, state and federal taws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (g) Everest Development, Ltd. Is a Minnesota corporation organized and existing under the lays of the State, has duly authorized the execution of this Agreement and the performance of Its obligations hereunder, and neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of its articles of incorporation, bylaws, any evidences of indebtedness, agreement or instrument of whatever nature to which Everest Development, Ltd. is now a party or by which it Is bound, or constitutes a default under any of the foregoing. (h) Commercial Property Investments, Inc., is a Minnesota corporation, organized and existing under the laws of the State, has duly authorized the execution of this Agreement and the performance of its obligations hereunder, and either the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of Its articles of Incorporation, by-laws, any evidences of indebtedness, agreement or instrument of whatever nature to which Commercial Property Investments is now a party or by which it is bound, or constitutes a default under any of the foregoing. (1) The Redeveloper agrees that it will cooperate with the City with respect to any litigation commenced by third parties in connection with this Agreement—. 0) In the event that this Agreement is terminated as a result of a Event of Default by Redeveloper, the Redeveloper shall pay to the City, within ten (19) days of demand by the City, all of the City's costs incurred in confection with the issuance of the Bonds, the preparation and Implementation of this Agreement, Including but not limited to, the costs of acquiring the Redevelopment Property and preparing plans and specifications for the Public Improvements, and any costs or damages incurred by the City as a result of such default. (k) Whenever any Event of Default occurs and the City shall employ �0 attorneys or Incur other expenses for the collection of payments due or to become aue or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper under this Agreement, the Redeveloper agrees that within ten ptdemand by the pnay to the Cythreasoaa fees of suchatoreys and such a herexpenses soicurredby the City. (1) The financing arrangements which the Redeveloper has obtained, or will inimum Imp mentst together with acquisitionn, to finance rconstruction with financing providedbytheCity pursuant to tthis Agreement,ewin be sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated in this Agreement. (m) The Redeveloper would notundertake by City construction of the Minimum this improvements without the financing p Agreement. (n) The Redeveloper believes that the fair warket value of the Redevelopment Property is, or w"! be prior to Its conveyance to the City, at least equal to the price to be paid by the City, and the price to be paid by the Redeveloper to reacquire the Redevelcpment Property Is fair and reasonable after taking into account the commitments of the Redeveloper and the encumbrances on the Redevelopment Property made, or to be made, in favor of the City under this Agreement. (o) The Contract for Dead is in full force and effect and no detault is existing thereunder. (p) The Redeveloper shall not permit to be made, without the prior written consent of the he Deed, which consent by the City, City will nottbe ut unreasonably withheld delayed. for Section 2.3. Redeveloper's Liability Joint and Several. Unkss otherwise provided herein, Everest Development, Ltd., and Commercial Property Investments liable for the performance of any shall be deemed to be jointly and severally obligation of the Redeveloper hereunder. 9 ARTICLE III Acquisition and Conveyance of Property; Pdbllo Improvements Section 3.1 Current Status of Redevelopment Property. (a) Commercial Property Iuvestments, inc., (n the owner of the vendeea interest under the Contract for Deed and Is entitled to purchase that portion of the Redevelopment Property which is the subject of the Contract for Deed according to the terms of the Contract for Deed. The parties Intend that the City will accept assignments of Redeveiupers righis under the Contract for Deed and will purchase Parcels of the Redevelopment Property from the vendors under the Contract for Deed for a total amount equal to $2,535,840.00 and convey title and possession of each Parcel of the Redevelopment Property to the Redeveloper for One Dollar ($1.00), ell pursuant to Via terms and provisions of this Article Ill. (b) As of the date of this Agreement, the City has acquired and conveyed to the Redeveloper by a Redevelopment Prooerty Deed that portion of the Redevelopment Property described on the attached Schedule A as the Johnson Parcel. ;n conn2etion with such conveyance. the Redeveloper has paid to the City the amount of $96,628.00. Such amount shall be deemed to have been provided to the City as funds required to be provided under Section 3.7 of this Agreement. in the event that this Agreement is terminated pursuant to Article RI of this Agreement, the City shall have an option to repurchase the Johnson Parcel from the Redeveloper for the price of $86,628.00. Such option shall be exercisable by the City by its giving to the Redeveloper a written notice of its intention to exercise the option which notice shall be given no later than ninety (90) days following the date of termination of this Agreement. Within thirty (30) days following the City's notification of its Intent to exercise the option the Redeveloper shall deliver to the City a limited warranty deed conveying the Johnson Parcel to the City and the City shall pay the purchase price of $86,628.00. The title to the Johnson Parcel to be conveyed to the City shall be subject to no defects or encumbrances other than those to which it was subject at the time of the City's conveyance of such property to the Redeveloper. (c) The City's riligatfors to purchase any Parcel, other than the Johnson Parrel which has already been purchased by the City, of the Redevelopment Property shall be subject to satisfaction of the following conditions precedent: (1) There has not occurred an Event of Default under this Agreement which remains uncured after the notice period prescribed by Section 9.2, and the City receives satisfactory assurances that any other existing Events of Default will be promptly cured; (11) The Redeveloper having made available to the City funds, as required pursuant to Section 3.7, In amounts sufficient to acquire the subject Parcel or Parcels after crediting the Redeveloper for amounts paid under the Contract for Deed toward the purchase of the Redevelopment Property; and (ill) Receipt of an opinion of counsel to the Redeveloper in the form attached hereto as Schedule K. `- 10 (d) The City's purchase of the Redevelopment Property shall also be conditioned upon the Redeveloper having obtained all necessary zoning, subdivlrlon and environmental permits and approvals for construction of the Minimum improvements from the City, State and other regional and federal agencies. Section 3.2. Acquisition of Redevelopment Property. Subject to the provisions of this Article iii, on or before a date thirty (30) days after the Redeveloper gives the nctice described at Section 4.6 with respect to a Phase, or or: such other date as the Redeveloper and City may agree, the City will purchase the Parcel of the Redevelopment Property upon which the Phase Is to be constructed from the vendors under the Contract for Deed. The purchase price for each Parcel to be paid by the City shall be the amount calculated in the manner set forth in Section 21(c) of the Contract for Deed, but the total purchase price to be paid by the City for the entire Redevelopment Property, except for the Johnson Parcel, shall not exceed $2,535,840. The City shall purchase the Redevelopment Property as provided herein in consideration of the covenants of the Redeveloper to cause the Redevelopment Property to be developed in accordauee with the provisluns of this Agreement and as at,. inducement to the Redeveloper to cause the Minimum Improvements to be constructed thereon after the purchase date as provided herein. The Purchase Price shall be payable by the City at the time and In the manner described in Section 3.7. The City shall not qualify ary Parcel of the Redevelopment Property as exempt from ad valorem taxes during the perlvl it holds such property. The Redeveloper shall, and hereby agrees to, pay all ad valorem taxes and installments of special assessments, if any, on the Redevelopment Property or any portion thereof which are due and payable during �^ the period the City owns such Redevelopment Property or portion thereof. Section 3.3. Conveyance of the Redevelopment Property. The City shall convey title to and possession of each Parcel of the Redevelopment Property to the Redeveloper under a deed (which deed shall be substantially in the form of the Redevelopment Property Deed contained in Schedule B of this Agreement). The conveyance of title to the Redevelooment Property pursuant to the Redevelopment Property Deeds and the Redeveloper's use of the Redevelopment Property shall be subject to all of the conditions, covenants, restrictions and limitations imposed by the Plan, the Developer's Agreement, this Agreement, and the Redevelopment Property Deed, and shall also to subject to Permitted Encumbrances, and building and zoning laws and crdlnances and all other applicable locai, state and federal laws and regulations. Section 3.4. Time of Conveyance. ;<) It no Event of Default has occurred (or if an Event of Defaull has occurred but has been cured), the City shall execute and deliver to Redeveloper the Redevelopment Property Deed for each Parcel on the date that the City acquires title to and possession of the Parcel or on such other date as the City and the Redeveloper shall mutually agree in writing. The Redeveloper shall take possession of each Parcel of the Redevelopment Property the day of execution and delivery of the Redevelopment Property Deed for such Parcel by the City. (b) Unless otherwise mutually agreed by. the City and the Redeveloper, the execution and delivery of all deeds and the payment of any Purchase Price shall be made at the principal offices of the City. The price to be paid by the Redeveloper for the conveyance of each Parcel of the Redevelopment Property by the City shall be One Dollar ($1.00). 11 r: (cl, Each Redevelopment Property Deed ahall be in recordable form and shall be promptly recorded. The Redeveloper shall pay all costs for such recording. Section 3.5. Title. (a) Within ten (10) days after the Redeveloper has received an initial commitment for the issuance of an owner's title insurance policy with respect to the Redevelopment Property and in any event no later than December 31. 1967. the Redeveloper shall deliver a copy of the commitment to the City. The commitment shall be obtained from a title Insurance company licensed to do business in the State and shall initially Insure the title to the Redevelopment Property in the amount of $1,500,000.00. The Redeveloper shall thereafter cause to be increased the amount of the title Insurance commitment so that at all times the amount of coverage available equals the aggregate price paid by the City, using funds provided under Section 3.7, for the Redevelopment Property. The commitment shall commit the Insurer to the issuance of an owner's title insurance policy (ALTA FORM "B"), shall name the City and Redeveloper as the proposed Insured parties, shall be certified to date, include searches for bankruptcies and state and federal judgments, tax and other liens and for all special sasessments levied or pending. The commitment shall Include full mechanic's lien coverage and coverage for matters revealed by a survey (including gaps). The City shall be allowed twenty (20) days after receipt thereof for examination of said commitment and the making of ally objections thereto, said objections to be made in writing and delivered to the Redeveloper within said time or deemed to be waived. No objection may be based on the existence of a Permitted Encumbrance. (b) If any objection to the title held by the Redeveloper or the present owner of the Redevelopment Property is made by the City, said objection shall be accompanied by a written election of one of the following- (1) a determination to delay the City's acquisition of the Redevelopment Property for a reasonable time during which the Redeveloper shall undertake to cure or cause to be cured the basis for such objection; or (11) a determination to acquire title to and possession of the Redevelopment Property upon the assumption by the Redeveloper of the obligation to undertake ally such actions as may be necessary to cure the basis for the objection. If the CIty makes the election described in Section 3.5(b)(H) of this Agreement, and the objection cannot be cured the City shall have no recourse against the Redeveloper as a result thereof. (c) The City shall voluntariiy take no actions to encumber title to any Parcel of the Redevelopment Property between the date the City acquire, the Parcel to the date on which the Redevelopment Property Deed for such Parcel is executed and delivered by the City. Section 3.6. Public Improvements. (a) The City hereby appoints the Redeveloper to act as its agent in connection with the construction of the Public improvements. The Public Improvements shall consist of the Improvements described in the attached Schedule 1, the constructioi: of which shall be completed within the time periods set forth In the attached Schedule J. (b) Plans and specifications subcontracts, and ell contracts reltin to a the design and construction of the Pub le improvements shall be prepared by the 12 Redeveloper and submitted to the City for the City's review and approval- Any �Soregoing documents shall be submitted to the City for its review changes 1n the and approval (c) Following the City's review and approval of the plans and or the Public nd subcontracts f Redevelopermallshprooeedcontracts ato let bids for contracts for the onstructiontof the Public Improvements in accordance with the statutory bidding and contractlug procedures applicable to the letting of contracts by municipalities. The City shall provide the Redeveloper with guidance as to such requirements. All bids submitted for the construction of the Public Improvements shall be subject to reshall view and appru..&I by the City. Subject to this section ant{Section 7.1(e), twith i whom the contractors, subcontractors and/or eons,ru_. �n ma the CIt upon tl�e Redeveloper Teas enfoo nternf invoices from contrasuch contractors any certifi atf°cu9 signed by th Red v the Ciy'o ect architect to the effect that the cats for which by the Redeveloper's p. j payment is being sought have been incurred in connection with the construction documents approved by the City. (d) Upon completion of the construction of the Public Improvements In tion, the City's obligations and liabilities with respect to accordance with this Sec the thereafter uhavennofthe liabilItyutoi the mRedeveloper orprovements al third parties resuLtting from l any defect in the construction of those port!ons of the Dublin improvements located on the Redevelopment Property. The Redeveloper agrees l indemnity, defand all andhold orecatusesmesst of ahe ction ntsoff tw"tsoever°nature and arisingagents, Outfrom of, or of any alleged defect In the construction of the Public purportedly arising out Improvements. Section 3.7. F''larcin{t Clty ActIvIties. (a) It Is understood and agreed by the parties that in lieu of other forms of security which may reasonably be requested by the City to secure the Redeveloper's performance under this Agreement, the Redeveloper is willing to Initially finance the C;ity's costs of acquisition of each Parcel of the or other Redevelopment byProper tha Redevel perthrouh the use of the to financeeconsttruction of thefunds Minimum funds obtained by Improvements. Without y Parcel of other the Redevelopmem Propertynis the expressly obligation to onacquirethe any conditioned upon the Redeveloper having provided funds to the C1ty in an amount ed ce City to be Incurred by the ity inecon connection withlthe acquisition Ofof thc� costs ithetParcel hSuch f nds shalt then be used by the City to finance its acquisition of the Parcel. The City agrees that it will, at the times specified in this Section 3.7, reimburse the Redeveloper for to the total amounts paid by the Redeveloper under this Section 3.7 of this Agreement, up amount of $2,622,468.00, which amount includes the amount provided to the City for its acquisition of the Johnson Parcel and amounts previously paid by the Redeveloper pursuant to the Contract for Deed; provided, that such amounts shall be Increased by anYJt which C[tyefor the construction ofReeveloper expends t which Publlc Impro uire land ement is necessary, as approved by theesign to ogram Avenue and Highway 10 as shown on the submitt d In connection with the Planed Unit DevelopmentApproval. SThe City's 13 �I obligation to make such reimbursement shall be evidenced by a promissory notes in a form acceptable to the City and the Redeveloper. (b) if the Redeveloper is in compliance with this Agreement and all conditions to the City's performance have been satisfied, the City agrees to reimburse, solely to the extent that there exist sufficient proceeds from the Bonds for such purpose, the Redeveloper for amounts provided or deemed to have been provided by the Redeveloper to the City pursuant to this Section 3.7. The City shall make a reimbursement to the Itedeveloper ter Issuance of a Certificate of Completion fora Phase, or earlier ( following such issuance as Bond proceeds are available considering the liquidity of the City's Investments using the Bond proceeds. The amount to be reimbursed by the City to Redeveloper following issuance cf a Certificate of Completion on any Parcel, as aforesaid, shell be determined as follows' (1) Tne "percentage shere" of Bondproceedsavailable for reimbursement of the Redeveloper ar el shall be established by digthe eAm untminimum the Ass ssoes�Marketme for the provLA Parcel by Valuefor all parcels thee Aggregate comprising the project (as set forth in Section 6.4); ((i) The total amount of Bond proceeds available for reimbursement of the Redeveloper shall be established and shall equal the &net bond proceeds available for diatributlon to Redeveloper after payment of expenses authorized by Section 3 0 b)(0 (fD and III of this Agreement, L plus Interest earrings thereon; an (ill) The "percentage share" for a parcel shall to multiplied times the total ds Redeveloper and nthe f resultant bond p sum e shall vrepresent lable o the disbursement amount be Areimbursed to the Redeveloper. in the event that this Agreement Is terminated prior to the City's reimbursement of the Redeveloper for the entire amount paid by the Redeveloper under this Section 3.7, the City shall have no obligation to further reimburse the Redeveloper for any amounts paid by the Redeveloper pursuant to this Section 3.7; except that In the even: that the Redeveloper falls, whether as a result of Unavoidable Delays or for other reasons, to complete construction of the Minimum improvements so as to produce the Assessor's Minimum Market Values at the times set forth In Section 4.3, but does complete such construction prior to termination of this Agreement, the amount of the funds to be reimbursed by the City to the Redeveloper under this Section 3.7 shall be reduced by the amount that the Tax Increment which will be generated by the partially completed hfinimum Improvements, is less than the amount of Tax Increment which would have been generated and remitted to the Authority in that year and future years if the Minimum improvements had been completed on or before the specified date in Section 4.3. The City shall have no obligation to pay any Interest on any amounts provided to the City by the Redeveloper pursuant to this Section 3.7. (c) it is understood by the City and the Re�eveloper that the City's Fco ligatIonto reimburse the Redeveloper for $170,000 of the amount which the 7obligated to reimburse the Redeveloper pursuant to this Section 3.7 ty isnditional upon the Redeveloper having secured as a tenant of a portion of the 14 Redevelopment Property, Tranallealth, a Therefore, in the event that the Redeveloper has felled by June 1, 1988, to secure a binding commitmeat, !n a form reasonably approved by the City, f= TrenslfealthAo eco e a tenant of the Minimum improvements, the net amount of the Bonds wh ch are available for paying the costs set forth at Section 3.9(b) of this Agreement shall be deemed to be $170,000 less than the actual amount of Bonds available. In the event that such amount is so reduced, the City agrees to use the $170,000 to fund the reserve fund described at Section 6.2 of this Agreement. Section 3.8. Dedication cf City Financial Assistance. In consideration of the Financial Assistance to be provided by the City to this Agreement, the Redeveloper agrees that It will dedicate a portion of the amounts to be reimbursed to the Redeveloper pursuant to Section 3.7 of this Agreement to the constructlon of certain exterior refinements to the Minimum Improvements and interior office amenities which are in addition to those types of refinements and amenities normally found In buildings similar to the Minimum Improvements. The exact nature of such refinements and, amenities are as shown in the approved Panned Unit Development documents for the Redeveloper's project. Section 3.9. Iscuanc_e of Bonds: Use of Bond Proceeds. (a) The City agrees that It will, subject to limitations of law, use its best efforts to issue and sell the Bonds byami 31, 1988. The principal amount of the Bonds shall be the amount which, In the reasonable discretion of the City and its fiscal consultant, may be amortized solely through the use of Tax increment generated from the Redevelopment Property and completed Minimum Improvements, considering the Redeveloper's schedule for construction of the Minimum Improvements and existing and projected mill rates. It is anticipated that the amount of the Bonds which may be issued and repaid solely out of Tax htcrement generated from the Redevelopera development hereunder is equal to $6,000,000.00. In no avant shall the City be obligated to issue bonds in a principal amount greater than $8,000,000,00. (b) The proceeds of the Bonds shall be urted to pay the City's costa hereunder, Including reimbursements to Redeveloper. Because the principal amount of the Bonds and the exact cost of some of the City's activities hereunder Is presently unknown, the proceeds of the Bonds shall be used to pay the following costs In the following order: (1) First, to pay all reasonable avid necessary costs Incurred by the City in connection with the issuance of the Bonds Including, bond discount, reserve fund, if any, and fees of legal counsel and other consultants retained in connection with the Issuance of the Bonds; -(il) Second, to pay all City administrative and other reasonable and necessary costs incurred or anticipated to be incurred in connection with the City's administration of this Agreement, the Development District, and the Tax increment District; (111) Third, to pay the costs of constructing the Public improvements; (1v) Fourth, to reimburse the Redeveloper for the amounts pursuant to Section 3.7 of this Agreement; 15 (v) Fifth, to retwourse the Redeveloper for Its documented and reasonable costs In connection with Its acquisition of the Contract for Deed but not including any costs paid toward the purchase of the Redevelopment Property under said Contract for Deeded M 16 ARTICLE Iv Construction of Minimum improvements Section 4.1. Construction of Minimum improvements. The Redeveloper agrees that It will construct the Minimum Improvements on the Redevelopment Property in accordance with this Agreement, the Developer's Agreement and the approved Construction Plans and at all times prior to the Maturity Late will operate and maintain, preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repsir and condition. Section 4.2 Construction Plans. (a) Prior to the commencement of construction of any Phase or Parcel, the Redeveloper shall submit to the City "Preliminary Plans," consisting of typical floor plans and sketches of the typical exterior and interior of the proposed Minimum improvements which Illustrate the size and character of the proposed improvements. The Preliminary Plans shall not be Inconsistent with the Site Plans, the Program, the Developer's Agreement, this Agreement and all applicable state and local laws and regulations, Insofar as said consistency may no determined at said preliminary stage. If approval of the Preliminary Plans Is requested in writing by the Redeveloper at the time of their submission to the City, said Preliminary Plans :hall be approved or rejected (in whole or 1n part) in writing by the City within thirty (30) days after the date of their receipt by the City. If no written rejection is made within said thirty (30) days, the Preliminary Plans shall be deemed approved by the City. Any rejection shall set forth In detail the reasons therefor. If the City rejects the Preliminary Plans, 'in whole or in part, the Redeveloper may submit new or corrected Preliminary Plans at any time after receipt by the Redeveloper of the notice of rejection. The City's approval of the Preliminary Plans shall not be unreasonably withheld. (b) Prior to the Redeveloper's commencement of construction of any Phase of the Minimum Improvements and, In any event, no later than June 1 of the year prior to the year in which the Phase must be completed In order to meet the schedule of Assessor's Minimum Market Values set forth in Section 4.3, the Redeveloper shall Submit to the City Construction Plans for the Phase. The Construction Plans shall provide for the constrdetlon of the subject Phase of the Minimum Improvements and shall be in conformity with the Program, this Agreement, the Developer's Agreement, the Preliminary Plans, and all applicable state and local laws and regulations. The City shall approve the Construction Plans In writing Ifi, (a) the Construction Plans conform to the terms and conditions of the Preliminary Plans, the Developer's Agreement and this Agreement; (b) the Coastructlon Plans conform to the goals and objectives of the Program; (c) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations; (d) the Construction Plans are adequate to provide for the construction of the subject Phase of the Minimum Improvements; (a) the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for the construction of the subject Phase of the Minimum improvements; if) the design of the Nlinimum Improvements and the facade and landscaping plans provide for a facility which is consistent with the Design Stage Plans submitted and approved in connection with the Planned Unit Development Approval; and (g) no Event of Default has occurred. No approval by 17 the City shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the Program, the Development Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements In accordance therewith. No approval by the City shall constitute a waiver of an Event of Default. if approval of the Construction Plans is requested by the Redeveloper in writing at the tine of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City, in whole or In part. Such rejection shall set forth in detail the reasons therefor, and shall be made within forty five (45) days after the date of their receipt by the City unless the Construction Plans must be submitted to the City's Planning Commission as a result of changes from the Design Stage Plans approved in connection with the City's Planned Unit Development approval. If the City rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within thirty (30) days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until tie Constnict!on Plans have been approved by the City: Provided, that in any event the Redeveloper shall submit Cvnstruetlon Plana for a Phase which are approved no later than the date of acquisition by the City of the Parcel of the Redevelopment Property upon which the Phase is to be constructed. The City's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Phase, constructed in accordance with said plans) comply to the City's satisfaction with the provisions of this Agreement relating thereto. The Construction Plans shall not be rejected due to any objection which could have been raised upon review of the Preliminary Plans and corrected more economically at that time. k- (c) if the Redeveloper desires to make any change in the Preliminary Plans or Construction Plans after their approval by the city, the Redeveloper snall submit the proposed change to the City for its approval. If the Preliminary Plans or Construction Plans, as mo:ifled by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the City shall approve the proposed change and notify the Redeveloper In writing of its approval. Such change in the Preliminary Plans or Construction Plans shall, in any event, be deemed approved by the City unless rejected, in whole or In part, by written notice by the City to the Redeveloper, sotting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. Section 4.3. Commencement and Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper shall cause construction of the first Phase of Minimum improvements to be commenced (1) by April 1, 1988, or (11) on such other date as the parties shall mutually agree in writing. Subject to Unavoidable Delays, the Redeveloper shall have substantially completed the construction of the final Phase of the Minimum improvements by January 1,j19911 In addition, subject to Unavoidable Delays es they pertaln to any particular Phase, the Redeveloper shall have substantially completed construction of such Minimum Improvements by January 2 of the following years so that the Minimum Improvements will have the following aggregate cumulative As..essor's Minimum Market Values in such years: 18 Aggregate Cumulative Assessor's Minimum Date Market Values 1989 :6,021,081.00 1990 14,623,745.00 1991 19,500,067,00 Time lost as a result of Unavoidable Delays for any Phase shall be added to extend any completion date above beyond such date, a number of days equal to the number of days lost as a result of Unavoidable Delays. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity with the Construction plans as submitted by the Redeveloper and approved by the City. (b) The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, and each Redevelopment Property Deed shall contain covenants on the par! of the Redeve!oper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of th-: Redevelopment Property through the construction of the Minimum improvements thereon, and that such construction shall in any event be commenced and enmpleted within the period specified In this Section 4.3 of this Agreement. It is intended and agreed, and the Redevelopment Property Deeds shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any events and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement Itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Subsequent to conveyance of the Redevelopment Property, or any part thereof, to the Redeveloper, and until construction of the Minimum improvements has been completed, the Redeveloper shall make reports, In such detail and at ssch times as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of each Phase of the Minimum Improvements on each Parcel in accordance with those provisions of the Agreement relating solely to the obll7ations of the Redeveloper to construct such improvements (Including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate Instrument so certifying. Such certification by the City sha:l be (and it shall be so provided in the Redevelopment Property Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Redevelopment Property Deed with respect to the d its Minimum sof the improvementsv onpsuch nParcel successors the datessforr thenconstruct the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance any Holder of a Mortgage, tor any tInsurer oof a Mortgage, obligation tgage,securing money loaned to finance the Minimum Improvements, or any part thereof. 19 (b) The certificate provided for in this Section 4.4 of this Agreement shall be in such form as will enable It to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City shall refuse or fall to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum improvements In accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts It will be necessary, In the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. (c) The construction of the Minimum improvements on a Parcel shell be deemed to be completed when such improvements are substantially completed, as determined by the City In the exercise of Ito reasonable discretion. Section 4.5. Development Letter of Credit. (a) Prior to the issuance by the City of the Bonds the Redeveloper shell provide to the City can irrevocable bank letter of credit, substantially in the form of Schedule F attached hereto and satisfactory to the City, in an amount equal to the City's costs and expenses incurred in connection with the Issuance of the Bonds. This letter of credit and any other letter of credit provided pursuant to this Section 4.5 of this Agreement shall be referred to as the "Development Letter of Credit" b- .sil.bl f Any Deveiopmeni Leifer of Credit shall, payments to the City pursuant to any demand for payment by the City until the earlier of: (1) completion of construction of the Minimum improvements and delivery of the final Certificate of Completion pursuant to Seelion 4.4 of this Agreement; or (if) delivery to the City of the Guarantee Letter of Credit pursuant to Section 6.1(b). Any Development Letter of Credit may have an expiration date at least one year from the date when the City receives the Developnent Letter of Credit; provided, however, that in the event the Redeveloper has not completed the construction of the Minimum Improvements and received the Certificate of Completion thirty-five (35) days prior to the expiration date of the Development Letter of Credit, then the Redeveloper shall provide a substitute Development Letter of Credit to the City, in the same form and in the same amount, with an expiration date of at least one year from the expiration date of the orior Development Letter of Credit. Upon tender by the Redeveloper of the substitute Development Letter of Credit, the City will exchange the prior Development Letter of Credit for such substitute. (b) The Development Letter of Credit shall provide that (1) in the event the Redeveloper. (A) falls to submit a substitute Development Letter of Credit to the City In a timely and satisfactory manner as required by Section 4.6(a) of this Agreement or fails to deliver the Guarantee Letter of Credit as required pursuant to Section 6.1 of this Agreement; (B) fails to submit Construction Plans tc the City pursuant to Section 4.2 of this Agreement which are approved by the City; (C) falls to submit satisfactory evidence of financing sufficient to construct the Minimum Improvements pursuant to Article VII of this Agreement; (D) subject to Unavoidable Delays fails to commence construction of the Minimum improvements In a timely manner or in conformity with the Construction Plans pursuant to Article IV of this Agreement; or (E) subject to Unavoidable Delays fails to complete construction of the Minimum Improvements In a timely manner or In 20 conformity with the Construction Plans; or (F) falls to provide the funds described In Beetlon ±.? of this Agreement; and (11) within thirty (30) days after written notice of failure from the City, the Redeveloper does not cure such failure or, if thz failure is by Its nature incurable within such thirty (30) days, does not furnish the City with satisfactory evidence that it can and will cure such failure within a reasonabto the City thelentire amoune time, thent of the on rDevelopment Letter ofitten demand to the Credit eCreditto reimburse tbank will he City for its costs Incurred in connection with the issuance of the Bonds, the creation of the District and the preparation of this Agreement and any damages incurred as a result of such defaults; provided, however, that in the event that such payment exceeds the amount of such costs for which the City has not been otherwise reimbursed by Developer or through interest earnings on the undisbursed Bond proceeds the City shall refund any such excess to the Redeveloper. Section A.G. Phases. The Redeveloper and City recognize that the Minimum Improvements are intended tc be constructed in stages over tine, and the: the Redeveloper cannot predict the precise timing or order of the development of ` specific. Pereela. A Phase shell consist of a specific part of the Minimum improvements on a specific Parcel or Parcels (whether contiguous or scattered) to be undertaken at a specific time, as designated by the Redeveloper in a notice to the City specifying the portion of the Minimum Improvements to be undertaken, ich the Parcel the City to acquirehsuchtParcel or Parcels under he Contract &or he Phase is to be contructedp and the price to bepaid byDeed, 4 21 ARTICLE V Insurance and Condemnation Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (1) Builder's rick insurance, written on the so- Wed "Builder's Risk -- Completed Value Brsis," In an amount equal to one hundred percent (100%) of the insurable value of the Minimum improvements at the date of completion, end with coverage available In nonreportirg form on the sr called "all risk" form of policy. The interest of the City shall be protected In accordance with a clause in form and content reasonably satisfactory to the City. (11) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and p:oparty damage of not less than $2,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used). (111) Workers' compensation insurance, with statutory coverage. The policies of Insurance required pirsuant to clauses (1) and (i) above shall be in form and content satisfactory to the City and shall be placed with financially sound and rep:tab,e insurers licensed to transact business In the State. The policy of insurance delivered pursuant to clause (1) above shall contain an agreement of the Insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of such policy or change affecting the overage thereunder. (b) Upon completion of construction of the Minimum Improvements on each Parcel and prior to the Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (1) insurance against loss and/or danage to such improvements under's policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse and flood In an amount not less titan the full insurable replacement value of such Improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co -Insurance provisions or otherwise, without the prior consent thereto In writing by the City. The term "full insurable replacement value" shall mean the actual replacement J A ng cost of the improvements (eipldrainsfoundation other uninsurable it me) and costs of underground flues, pipes, equipment, and may be determined from time to time at the request of the City, but not more frequently than orce every three years, by an Insurance lsInsurer, selected and paid and approved (hi poiciesevidennginsurancequirdby respectthissubaragrph1)with to the Minimum improvements shall be carried In the their&messpect the e Redeveloper, the Redeveloper's Mortgagee and the City interests may appear and shall contain standard clauses which provide for Nei Proceeds of insurance resulting from claims per casualty thereunder to the Minimum Improvements which are equal to or less then $250,000.00 for loss or damage covered thereby to be made payable directly to the Redeveloper and its Mortgagee, and Net Proceeds from such claims in excess of f250,00 City. The to Cie payable the jRe.-AIY to the developer shall jofntlyer, Its agrec Mortgagee and the Clty. Y and on the amount of settlement. (11) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile Insurance, Including owned, non -owned and hired automob..,yes, agalust lia- bility for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $200o,000.00, and shall be endorsed to show the City as Oditional lnsured. (it!) Such other insurance, including worker's compensation In ur- ance respecting all employees of the Redeveloper engaged In work with respect to the construction of the Minimum improvements, in such amount as is carried itlorganizations niattlike activities comparable sizeand liability exposure; provided that Redeveloper may be self -Insured with respect to all or any part of Its liability for worker's compensation. (c) All Insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective Insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it without giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifte^-n (151, days prior to the expiration of any policy, the Redeveloper shall furnish the City evidence satisfactory to been ther policy conforming tolthe ty tprovisiohat the nslof this Article V ofthis Aor greemenlaced t orthat there is no necessity therefor under the terms hereof. iu lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a thereofcombination having which nt Redeveloper shall d�eposit e with the coverage required herein, Cityacertificate or pert certificates the the respective insurers as to the amount of coverage in force upon the Minimum improvements. 23 (d) The Redeveloper agrees to notify the City immediately In t,ie case of damage excee4ing $50,000.00 In amount to, or destruction of, the Minimum improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $250,000.00, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substan- tially the same or an improved condition or value as It existed prior to the event causing surh damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. Net Proceeds of any Insurance relating to such damage up to $250,000.00 shall be paid directly to the Redeveloper. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $250,000.00, then the Redeveloper shall within one hurdred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum improvements to substantially the same condition or utility value as It existed prior to the event causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper, its Mortgagee and the City will apply the Net Proceeds of any insurance relating to such damage or destruction received by its Mortgagee and the City to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction shall be disbursed to the Redeveloper. (e) If the Redeveloper is in compliance with the terms and conditions of; _ the Program, the Developer's Agreement, this Agreement and the Redevelopment Property Deed, then any Net Proceeds of insurance relating to such damage or destruction received by the City shall be released from time to time by the City to the Redeveloper upon the receipt of: (1) A certificate of an authorized representative of the Rede- veloper specifying the expenditures made or to be made or the indebtedness incurred in connection with such repair, reconstruction and restoration and stating that such Net Proceeds, together with any other moneys legally available for such purposes, will be sufficient to complete such repair, construction and restoration; and (2) If Net Proceeds equal or exceed $$0,000.00 In amount, the written approval of such certificate by an independent engineer. The Redeveloper shall complete the repe.ir, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of Insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be remitted to the Redeveloper. (f) In lieu of its obligation to reconstruct the Minimum Improvements as set forth in Section 5.1(d), the Redeveloper shall have the option of paying to the City an amount of money which, in the opinion of the City and Its fiscal consultant, Is sufficient to redeem the Bonds at their next earliest redemption date. 24 Section 5.2. Condemnation. in the event that title to and possession of the Minimum Improvements or any material part thereof shall be taken in condemnation or by the exercise of the power of eminent domain by any governmental body or other person (except the City) prior to the Maturity Date, the Redeveloper shall, with reasonable promptness after such taking, notify the City as to the nature and extent of such taking. Upon receipt of any Condemndation Award the Redeveloper shall elect to either: (de) use the entire condemnation Award to reconstruct the Minimum Itdprovements (or, In the event only a part of Minimum Improvements have been taken, then to reconstruct such part) within the District; or (b) pay to the City out of the Condemnation Award the amount necessary to repay the Bona. 25 ARTiCLE VI Tax Increment Section 8.1. Tax Guarantee. (a) Subsequent to the City's issuance of the Bonds, in the event that the City on a date sixty (60) days prior to the date that the City is required to make any principal or interest payment with respect to the Bonds has not received sufficient Tax increment paid with respect to the Redevelopment Property (when added to the amount of capitalized Interest available from the issuance of the Bonds) is insufficient tc make the next succeeding principal and/or interest payment on the Bonds, the City shall provide notice to the Redeveloper of such fact and the amount of the deficiency in Tax increment. Twenty (20) days after receipt of such notice of deficiency, the Redeveloper shall be liablt for and shall pay to the City the amount of such deficiency. Failure on the part of the City to provide the notice of the deficiency when required pursuant to this Section 6.1.(a) shall not relieve the Redeveloper of Its obligation to make such paymenylwenty (20) days after actual notice of the deficiency Is provided by the City to the Redeveloper. (b) The obligation of the Redeveloper to make the payments provided for in this Section 6.1 shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counter -claim It might otherwise have against the City or any other government body or other person, and shall be secured by the Guarantee Letter of Credit. Prior to delivery to the Redeveloper of r' any Certificate of Completion pursuant to Section 4.4 of this Agreement, prior to the City making any payment in connection with the construct!on of the Public Improvements, or prior to the City's making of any reimbursement of funds under Section 3.7, whichever occurs earlier, the Redeveloper shall deliver to the City the Guarantee Letter of Credit lu a form satisfactory to the City for an amount equal to the annual Tax Increment necessary to be generated by the Redevelopment Property to pay annual principal and interest payments on that portion of the Bonds the proceeds of which have been distributed, for which application for distribution has been made, or for which the City has incurred binding obligations to expend. The Guarantee Letter of Credit shall be available for payments to the City pursuant to any demand for payment by the City to cover deficiencies in taxes in the 4th, 5th and 6th years following the issuance of the Bonds. Any Guarantee Letter of Credit may have an expirati it at least one yea- from the date when the City receives the Letter of Credit; provided, however, that if such Guarantee Letter of Credit expires prior to the 6th year after Issuance of the Bonds, then thirty-five (35) days prior to the expiration date of the Guarantee Letter of Credit, the Redeveloper shall provide a substitute Guarantee Letter of Credit to the City, In the same form and in the same amount, with an expiration date of at least one year from the expiration date of the prior Letter of Credit. Upon tender by the Redeveloper of the substitute Letter of Credit, the City will exchange the prior Guarantee Letter of Credit for such substitute. The City may draw upon the Guarantee Letter of Credit in the event that the Redeveloper: (1) falls to pay any deficiency in taxes pursuant to this Section 6.1; or (11) fails to provide a substitute Guarantee Letter of Credit as required in this Section 6.1. (e) in the event that the Redeveloper fails to comply with Its obligation Fhet pay any deficiency In Tax Increment as set forth In this Section 6.1 when due, to shell have the option, in additional to any other remedy available to it 26 hereunder or at law Including the right to sue to collect the payment not made when due, tie right to declare immediately due and payable by the Redeveloper an amount equal to the amount which, In the reasonable judgment of the City's fiscal consultant, to necessary to defense the bonds at their . ext earliest redemption date. The City shall not have the riglt: to so a:c:i s 1:1: r :ue under this Section 6.1 unlass the following conditions hhve been sstisfls- (i) The Guarantee Letter of Credit Is r:= ,er available in an amount sufficient to pay the next principal: and interest payment on the Bonds; and (li) The Redeveloper ment undersSectted to l n 8.1 ofe its failure to make a thispay required deficiency payment Agreement by a data ninety (90) days after the date that the City provided notice of the deficiency to the Redeveloper. Section 6.2. Tax increment Certification. The City has established a tax increment district within the Development District which encompaves the Redevelopment Property and has requested that the county auditor of the County certify the Assessed Market Value of the Redevelopment Property pursuant to Minnesota Statutes, Section 273.76. The City shall pledge and appropriate to the extent necessary the Tax Increment generated by such real property to the payment of the principal of, premium, if any, and intereat on the Bonds due in any year until the Maturity Date. In the event that the City receives in any year Tax Increment from the Redevelopment Property in excess of the amounts necessary to make debt service payments on the Bonds in such year, the City agrees that It will create a reserve fund and pledge the proce-Js thereof to the payment of debt service on the Bonds. Such reserve fund will be used to vav any def let mey in Tax .. L mnfl} 11,1I;Pr Section 6.3. Real Property Texas. (a) The Redeveloper shall pay when due all real property taxes payable with respect to the Redevelopment Property subsequent to execution of the Redevelopment Property Deed. (b) The Redeveloper agrees that prior to the Maturity Date it will not take any of the following actions to the extent tY._t such actions would result in a reduction in the taxes generated from the Redevelopment Property below the amounts specified In Section 6.1: (1) it will not seek administrative review or judicial review of the applicability of any tax statute determined by any Tax Official to be applicable to the Project or the Redeveloper or raise the Inapplicability of any such tax statute as a defense In any proceedings, including delinquent tax proceedings; (2) It will not seek administrative review or judicial review of the constitutionality of any tax statute determined by any Tax Official to be applicable to the Project or the Redeveloper or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; (3) it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property below the amount sufficient to pay the principal and Interest due on the Bonds through: (A) willful destruction of the Redevelopment Property or :ny part thereof; (B) willful refusal to reconstruct damaged or destroyed n. :.. pursuant to Section 5.1 of this Agreement; (C) a request to i the the county tile County to reduce the tAsse sedhe city sMarketses r oValue of all ror any portion sofof theRedevelopment 27 Property; (D) a petition to the board of equalization of the City or the board of equalization of the County to reduce the Assessed Market Value of all or any portion of the Redevelopment Property! (E) a petition to the board of equalization of the State or the commissioner of revenue of the State to reduce the Assessed Market Value of all or any portion of the Redevelopment Property; (P) an actior. in a District Court of the State or the Tax Court of the State pursuant to Minnesota Statutes, Chapter 278, or any similar State or federal law, seeking a reduction in the Assessed Market Value of the Redevelopment Propertyl (G) an application to the commissioner of revenue of the State requesting an abatement of real property taxes pursuant to Minnesota Statutes, Chapter 270, or any similar State or f-deral law; and (H) any other proceedings, whether administrative, legal or equitable, with any administrative body within the City, the County, or the State or with any court of the State or the federal government. The Redeveloper shall not, prior to the Maturity Date, app!y for a deferral of property tax on the Redevelopment Property pursuant to Minnesota Statutes, Section 273.se, or any similar law. Section 6.4. Assessment"Agreement, The Redeveloper shall agree to, and with the City shall execute, as a condition precedent to the City's delivery of a Certificate of Completion for improvements constructed on any parcel, an Assessment Agreement pursuant to the provisions of Minnesota Statutes, Section 273.76, Subdivision 8, specifying the Assessor's Mtoimum Market Value for the Improved parcel for calculation of real property taxes. The aggregate amount of the Assessor's Minimum Market Value for all Phases shall not be less than S19.rJ0,067.00. The Redeveloper shall enter into an Assessment Agreement for such Assessor's Minimum Market Values which provides that by January 2 of the following years at least the following cumulative aggregate amounts of Assessor's Minimum Market Values have been established: Cumulative Aggregate Amount of Assessor's Date Minimum Market Values 1989 $ 6,021,081.00 1990 14,623,745.00 1991 19,500,067.00 Each minimum market value set forth in an Asessment Agreement Is herein referred to as the "Assessor's Minimum Market Value." Nothing in an Assessment Agreement shall limit the discretion of the assessor to assign a market value to the property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction In such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such market v:.lue below the Assessor's 611nimum Market Value In any year so long as such Assessment Agreement shall remain In effect. Each Assessment Agreement shall remain in effect until the Maturity Date. M 28 r` ARTICLE VR Financing Section 7.1. Financing. (a) Prior to and as a condition to the City's payment of any of the costs of constructing the Public Improvements, the Redevelo2er shall submit to the City evidence of a commitment for financing sufficient for construction of Phases of the idinimum Improvements which will generate the aggregate_ Assessor's Minimum Market Value required by Section 4.3 to be generated by January 2, 1989. if the City finds that the financing Is sufficiently committed, adequate in amount to provide for the contraction of suet+ Phase or Phases, and contains other terms and conditions which are not inconsistent with the objectives and needs of the City, then the City shall notify the Redeveloper In wetting of Its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within thirty (30) days from the date when the City Is provided the evidence of such financing. If the City rejects the evidence of financing as inadequate., It shall do so In writing specifying the basis for the rejection. in any event the Redeveloper shall submit adequats ev!dcnce of financing within thirty (30) days after such rejection.. (b) Prior to the City's reimbursement to the Redeveloper of any funds pursuant to Section 3.7 of this Agreement with respect to a Phase, the Redeveloper shali provide evidence to the City, satisfactory to the City, that the Redeveloper has obtained permanent financing with respect to such Phase or that the Redeveloper has paid all of the costs of constructing such Phase. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Redevelopment Property, except: (a) for the purposes of obtaining funds only to the extent necessary for making the Minimum Improve- ments (including, but not limited to, land and building acquisition, including the purchase price paid for the Redevelopment Property, labor and materials, pro- fessional fees, real estate taxes, construction interest, organizational and other Indirect costs of development, costs of constructing the minimum !mprovements, and an allowance for contingencies), and (b) only upon the prior written Ppproval of the City, which approval shalt not be unreasonably withheld or delayed. For the purposes of ,such financing as may be made pursuant to the Agreement, the Redevelopment Property may, at the option of the Redeveloper (or successor In interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, Is not Inconsistent with the purposes of the Program and this Agreement and Is approved in writing by the City. Section 7.3. Approval of Mortgage. The City shall approve a Mortgage If: (a) the City first receives a copy of all mortgage documents; (b) the City determines, In Its reasonable discretion, that the mortgagee Is a responsible lender capable of and authorized to make the mortgage loan; (c) the City determines, In its reasonable discretion, that the mortgage loan, together with other funds available to the Redeveloper, will be sufficient to construct the subject Phase of 29 . r- the Minimum Improvements; (d) the City determines, In its revonable discretion, that no Event of Default his occurred; and (a) the City determines, in Its reasonable discretion, that the terms of the Mortgage conform to the terms of Section 7.6 of this Agreement. The approval of the City shall not be unreasonably withheld. Section 7.4. Copy of Notice of Default to Mortgagee. Whenever the City shall deliver any notice or demand to the Redeveioper with respect to any breach or default by the Redeveloper In its obligatiors or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each Holder of any Mortgage authorized by the Agreement at the lest address of such Holder shown In the records of the City. Section 7.5. Mortstexee'3 Opticn to Cure Defaults. After any breach or. default referred to in Section 7.4 here:f, each xach Holder shall (insofar as •*A rights of the City are concerned) have the right, at Its option, to cure or re—ady such breach or default (or such breach or default to the extent that it relates to the part of the Redevelopment Froperty covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgages Provided, That if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement shall be deemed to permit or authorize such Holder, either before or after foreclosure or action In lieu thereof, to undertake or continue the construc- tion or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum improvements or construction already made) without �— first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Minimum Improvements on the Redevelopment Property or the part thereof to which the lien or title of such Holder relates. Any such Holder who shall properly complete the Minimum Improvements relating to the Redevelopment Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification by the City to such effect in the manner provided in Section 4.4 of this Agreement, and any such certification shall, If so requested by suen Holder. mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Redevelopment Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor In interest to the Redevelopment Property, or any part thereof, to cure or remedy any default with respect to the construction of the Minimum Improvements on other parts or parcels of the Redevelopment Property, or because of any other default hi or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Redevelopment Property to which such certification relates. Section 7.6. Clty's Option to Core Default en MortQasze. in the evant that the Redeveloper is in default under any Mortgage authorized pursuant to this Article VII of this Agreement, the mortgagee, within ten (10) days after it or any of its agents or employees become aware of any such default and prior to exercising any remedy available to It due to such default, shall notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If, within thirty (30) days after receipt of said notice, the City cures any monetary defaults under the Mortgage and commences the actions necessary to cure any other default (and cures the other default within s!:. (6) months after receipt of said node:), then the mortgagee shall pursue none of 30 Its remedies under the Mortgage based upon the said default of the Redeveloper. in the event of a transfer of the title to the Redevelopment Property to the City, or a third Party approved by the City, whether or not required to cure a default under the Mortgage, said transfer shall not constitute an event of default under the Mortgage unless the security of the mortgagee has, In fact, been impaired by said id air the of the mortgsgee)n he mortgagee the event of atransfer shallpermit the transferee topassume all outstanding obligations (and receive all remaining disbursements) under the Mortgage and the loan secured by the Mortgage. Section 7.7. Subordination end Modification for the Benefit of MotaaKees. (a) In order to facilitate the obtaining of financing for the construction of the M!nlmum Improvements by the Redeveloper, the City agrees to subordinate Its rights under the Redevelopment Property Deed and this Agreement to the Holder of a the Mort:gagt provides that If the Holder,6f the Mortgage e shallprovidedt but only t forecloseon theRedevelopment Property, the improvements thereon, or any portion thereof, it shall assume the Redeveloper's obligations under the Assessment Agreement and under Section 6.3 of this Agreement. (b) In order to facilitate the obtaining of financing for the construction of the Minimum improvements, the City agrees that it shall agree to any reasonable modification of this Articl^ VIl with respect to the rights of the City under any Mortgage secured by the Redevelopment Property or any Improvements thereon, or portion thereof, to accommodate the interests of the Holder of the Mortgage, provided, however, that the City determ!nes, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the City with respect to the District. 31 r� ARTICLE VIII ProhlMtlons Against Assignment and Transfen indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper repre- sents and agrees that its purchase of the Redevelopment Property, and ite other undertakings pursuant to the Agreement, are, and will be used, for the purpuse of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the Cityl (b) the substantial financing and other public aids that have been made available by the City for the purpose of making such redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfe: or disposition of the property then owned by the Redeveloper, the qualifications and Identity of the Redeveloper are of pardoular concern to the City. The Redeveloper further recognizes that It is because of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, Is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 8.2. Prohibition Against Transfer of Proverty and Assignment of Agreement. Also, for the foregoing reasons the Redeveloper represents and agrees that prior to the Maturity Date: (a) Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in Interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to eo any of the same, without the prior written approval of the City unless the Redeveloper remains liable and bound by this Redevelopment Agreement In which event the City's approval is not required. Any such transfer shall be subject to the provisions of the Redevelopment Agreement. (b) In the event the Redeveloper, upon transfer or assignment of the Redevelopment Property - any pW: n thereof, seeks to be released from its obligations under this F .velop.. Agreement, the City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such release that: (1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper. Kra (11) Any proposed transferee, by Instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under this Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subjecti provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shell not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to In writing by the City) deprive the City of any rights or remedies or controls with respect to the Redevelopment' .roperty or any part thereof or the construction of the Minimum Improvements; it being the Intent of the parties as expressed In this Agreement that (to the fullest extent permitted at law and in equity and excepting only In the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership In the Redevelopment Property or any part thereof, or any Interest therein, however consummcted or occurring, and whether voluntary or Involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Mlnlmum Improvements that the City would have had, had there been no such transfer or change. in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of Its obligations with respect thereto. (III) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article Vlll, shall be in a form reasonably satisfactory to the City. In the event the foregoing. conditions are satisfied then the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Redevelopment Property that Is transferred, assigned or otherwise conveyed. Section 8.3 Release and indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to Indemnify and hold harmless the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect In the Minimum Improvements. (b) Except for any negligent or willful misrepresentation or any negligent, willful or wanton misconduct of the following named parties, the Redeveloper agrees to protect and defend the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby 33 or the acquisltion, construction, Installation, ownership, and operation of the r Minimum Improvements. (c) The City and the governing body members, officers, agents, servants and employees thereof shell not be liable for any damage or Injury tothepay other ns or property of the company or its officers, agents, servants or employees person who may be about the Redevelopment Pr:•lerty, Minimum improvements or Public improvements due to any act of negligence of any person, other than the negligence and misconduct of City employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants,stipulations, promises, egreementa and obligations of the City and not of any governing o member, officer, agent, servant or employee of the City in the individual capacity thereof. 34 ARTICLE I% Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: (a) Failure by the Redeveloper to pay when due any payments or to provide any funds required to be paid or provided under Article III or Article Vi of this Agreement. (b) -Failure by the Redeveloper to provide and maintain when due any letter of credit required to be provided and maintained under Article iV or Article VI of this Agreement. (c) Failure by the Redeveloper to provide and maintain any i uurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. (d) Failure by the Redeveloper to submit a commitment for financing to the City In a timely manner pursuant to the terms and conditions of Section 7.1 of this Agreement. (a) Failure of the Redeveloper to submit satisfactory Construction Plans In aceordaner with Section 4.2 of this Agreement. (f) Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article iV of this Agreement. (g) Failure by the Redeveloper to substant!ally observe or perform any covenant, condition, obligation or agreement on Its part to be observed or performed hereunder. (h) The Holder of any Mortgage exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity in the event of a default In any of the terms or conditions of the Mortgage. (1) The Redeveloper shall: (1) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (Ii) make an assignment for the benefit of its creditors; or (111) admit in writing its inability to pay its debts generally as they become due; or 35 (iv) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Redeveloper as a bankrupt or its similar federal or state ization under law Shan. be filedresent or rIn any court eral end such petitio oct Or r answer shall not be discharged or denied within ninety (90) days after the fDing thereof; or a receiver, trustee or liquidator of the Redeveloper any or of the Redevelopment Property, or part thereof shall be appointed proceed!,.; brought against the Redeveloper and shall not be discharged within ninety (90) days after such appointment, or if the Redeveloper shall consent to or acquiesce in such appointment. Section 9.2. henever any Event of to In Section 9.1 of this Agreement curs,emedies on Default. Vthe City may take any one �or more of the following actions after providing thirty days written notice to the Redeveloper of the Event of Default, but only if the Event of Default has not been cured within said thirty days, or if the Event*of Default is incapable of beicg cured iwithin said thirty day period, the Redeveloper falls to provide the City assurances, &emed satisfactory In the reasonable Event of Default will be cured as soon as reasonably possible; th written n of the City, that the (a) Suspend Its performcnce under the Agreement until It receives assur- ances from' the Redeveloper, deemed adequate by the City, that the .Redeveloper will cure its default and continue its performance under the Agreement. (b) Terminate the Agreement. (c) Draw upon the letters of credit provided to the City pursuant to Sections 4.6 and 6.1 of this Agreement in accordance with the terms of Sections 4.6 and 6.1 of this Agreement. (d) Withhold the Certificate of Completion. (a) Withhold the Net Proceeds from the Insurance policies provided to the City pursuant to Section 5.1 of this Agreement 1n a^cordance with the term: policies. (f) Take whatever action, including legal, equitable or administrative ons action, which ayappear necessary or desirae to the ments due under this Agreement, or to etntorce performancey, inuding any and o collect any payments y observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. Section 9.3. Revestin Title in t„ — -•_ nce oft e C__e•.ance to Redeveloper. In the event that subsequent to conveya .. Redevelopment Property or any part thereof to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion, to begin construction oftsubject (a) the Redeveloper, he Minimum i provemen spin ci nfolDelays, rmittywith this llAgrelement and such failure to begin construction is not cured within thirty (30) days after written notice from the City to the Redeveloper to do so; or 36 ,e) subject to Unavoldable Delayro, the Redeveloper after commencement of the construction of the Minimum Improvements, fails to carry out Its obligations with respect to the ccnatruction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from the City to the Redeveloper to do so; or (c) the Redeveloper fails to pay real estate taxes or assessments on the Redevelopment Property or any part thereof when due, or creates, suffers, assumes, or agrees to any encumbrance or lien on the Redevelopment Property unauthorized by the Agreement, or shall suffer any Ievy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within thirty (30) days after written demand by the City to do so; provided, that if the Redeveloper shall first notify the City of its intention to do so, it may In good faith contest any mechanic&' or other lien filed or established and in such event the City shall permit such mechanical or other lien to remain undischarged and tmsatisfled during the period of such contest and any appeal, but only If the Redeveloper prc-tides the City with a bank letter of credit or other security In the amount of the lien, in a form satisfactory to the City pursuant to which the bank or other obligor will pay to the City the amount of any lien in the event that the lien is finally determined to be valid and during the course of such contest the Redeveloper shell keep the City Informed respecting the status of such defense; or (d) there is, in violation of the Agreement, any transfer of the Redevelop- ment Property or any part thereof, or any ehange in the ownership or distribution thereof )f the Redeveloper, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, or (e) the Redeveloper falls to comply with any of its covenants under this Agreement and fails to cure any such noncompliance or breach within thirty (30) days after written demand from the City to the Redeveloper to do so; or (f) the Holder of any Mortgage exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity In the event of a default In any of the terms or conditions of the Mortgage, Then the City shall have the right to re-enter and take possession of the Redevelopment Property and to terminate (and revest In the City) the estate conveyed by the Redevelopment Property Deed to the. Redeveloper, It being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Redevelopment Property to the Redeveloper shall be made upon; and that the Redevelopment Property Deed shall contain a condition subsequent to the effect that In the event of any default on the part of the Redeveloper and failure on the part of the Redeveloper to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the City at Its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Redevelopment Property convey. ' to the Redeveloper, and that such title and all rights and Interests of the Redeveloper, 37 and any assigns or successors in interest to and in the Redevelopment Property, shall revert to the City, but only if the events stated in Section 9.3(a)-(f) have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this Section 9.3 of this Agreement, the City shall have no right to reenter or retake title to and possession of a portion of the Redevelopment Property for which a Certificate of Completion has been issued. Section 9.4. Resale of Reacquired Property; Disposition of Proceeds, upon the revesting in the City of title to and/or possession of the Redevelopment Property or any part thereof as provided in Section 9.3, the City shell, pursuant to Its responsibilities under law, use Ita best efforts to Bell the Redevelopment Property or part thereof as soon and In such manner as the City shall find feasible and consisteut with the objectives of such law and of the Program to a qualified' and responsible party or parties (ei determined by the City) who will assume the obligation of making or completing the Minimum Improvements or such other improvements in their st•>_ad as shall be satisfactory to the City and in accordance with the uses specified for such Redevelopment Property or part thereof in the Program. Upon such resale of the Redevelopment Property, the proceeds thereof shall be appiied: (a) First, to reimburse the City for all costs and expenses incurred by the City, including but not limited to salaries of personnel, In connection with the recapture, management, and eesale of the Redevelopment Property or part thereof _ (but less any Income derived by the City from the property or part thereof in connection with s,,ch management); all taxes, assessments, and water end sewer charges with respect to the Redevelopment Property or part thereof (or, in the event the Redevelopment Property is exempt from taxation or assessment �r such charge during the period of ownership thereof by the City, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Redevelopment Property were not so exempt); any payments made or necessary to he made to discharge any encumbrances or liens existing on the Redevelopment Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations Incurred with respect to the making or completion of the Minimum Improvements or any part thereof on the Redevelopment Property or part thereof; any projected loss of tax increment from the Redevelopment Property due to the delay In development or redevelopment of the Redevelopment Property caused by the default of the Redeveloper; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the sum of the purchase price paid by It for the Redevelopment Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Mini-Xin Improvements on the Redevelopment Property or part thereof, less (2) any gains or income withdrawn or made by It from the Agreement or the Redevelopment Property. Any balance remaining after such reimbursements shall be retained by the City as its property. 38 Section 9.5. No Aemedv EzelUalve. No remedy herein conferred upon or reserved to the Clty le Intended to be axeluaive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in r''ition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. in order to entitlo the City or the Redevelop:r to exercise any remedy reserved to it, it ahall not be neceaury to give notice, other than such notice as nay be required in this Article 1R. Section 9.6. No Additional Waiver imolled by One Waiver. In the event any agreement contained in this Agreement should be breached by either party aad . thereafter waived by the other party, such waiver shall be limited to the particular breach so wa:+ed and shall not be deemed to waive any other concurrent, previous or sub:;equent breach hereunder. 39 ARTICLE Z Additional Provisions Section 10.1. Conflict of interests. 3tv Representatives Not Individually Liable. No member, official, or employee of the City shall have any personal interest, direct or Indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the Interests of any corporation, partnership, or association in which he is, directly or Indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employments oaunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Mlnlmum Improvements provided for in the Agreement that it will comply with an applicable equal employment opportunity and non-discrimination laws, ordinances an! regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees for itself, and Its successors and assigns, and evens+ successor in Interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and (, assigns, shall devote the Redevelopment Property to, and only to and In accordance with, the uses specified in the Program and this Agreement. Section 10.4. Provisions Not Meraed With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the sev:ral p-irts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt re- quested, or delivered personally; and (a) In the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 2685 Long Lake Road, Roseville, Minnesota 55113; and (b) in the case of the City, is addressed to or delivered personally to the City at 2401 Highway 10, Mounds View, Minnesota 55112; to 40 r_ or at such other address with respect to either such party as that party may, from time to time, designate In writing and forward to the other as provided In this Section. Section 10.7. Counterparts. This Agreement Is executed in any number of counterparts, each of which shall constitute one and the same Instrument. 41 ARTICLE XI Termination of Agreement Section 11.1. Termination of Agreement. Either party to this Agreement may terminate this Agreement upon the occurrence of the following. (a) All governmental permits and other approvals necessary for the construction of the Minimum Improvements have not been granted to the Redeveloper by December 31, 1987. (b) The Environmental impact Statement has not been determined to be adequate by either the City or a court of competent jurisdiction by December 31; 1987. (c) The City has failed to give its approval to the Redeveloper's request for Planned Unit Developmeat approval with respect to the Minimum improvements be December 31, 1987. (d) The City has failed to issue the Bonds by anu 311 1988. Section 11.2. Effect of Termination. Upon a termination of this Agreement pursuant to this Article Xi, this Agreemett shall be null and void and neither party shall have any further obligations or liabilities hereunder; provided, however, upon �- such termination the Redeveloper shall pay to the City an amount equal to the city prep1arationBond3 and the and costs Incurred Implementation of this Agreement, which ocostsashall spefl fica ly Include but not be limited to the City's costs of preparing plans and specifications for the Public Improvements. Upon such a termination the Redeveloper shall deliver such documents to the City as may be necessary to evidence the terminatnterest wch obtainediby he Redeveloper Inis Areement antheeRedevelopment release of any iP opertyhaiss amesult have b een of the execution of this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in Its name and behalf and Its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly ctecuted In Its name and behalf on or as of the date first above written. THE CITY OF MOUNDS VIEW, MINNESOTA By And by 42 This Instrument was dratted by: HOLMES & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 EVEREST DEVELOPMENT, LTD. By Its And by Its COMMERCIALPROPERTY INVESTMENTS By Its And by Its _ 43 Johnson Parcel: SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY 44 C SCHEDULE H QUiT CLAIM DEED THiS INDENTURE, between The City of Mounds View, Minnesota, a municipal corporation (the "Grantor"), and Everest Development, Ltd., a Minnesota corporation (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration the receipt whereof is hereby en tits he acknowledged, does before grant,r, ll the tract oar parcel of land lying and being intclaim and ccnveY to the he successors and assignsas or par eof Ramsey l of land 1s hereinafter referred Minnesota a dethe scri'b'Prooerbll' follows, to wir. (such tree LEGAL DESCRIPTION To have and to hold the same, togetherwith all the to the reditsaidGrant a eaments els nd appurtenances thereunto belonging In anywise appertaining, successors and assigns, forever, Provided: SECTION 1. it is understoa9 0!"1 agreed that this Deed is subject to the covenants� between the conditions, restrictions and provisions of agreement , 198 , identified as Grantor and Grantee on the Y "Contract for Private Redevelopment" (hereafter referred to as the "Agreementas ") and that the Grantee shall not convey this Property, or any pert thereof sin the y or such permitted by the A¢reemeRLuntil a certificatet as of completion releasing the part (thereof thencertain do be conveyed, ations hassaid beeneemenplaced of to PrThistprovision, however, shall in no way prevent the Grantee from mortgaging this Property In order er, obtain funds for the purchase of the Property :,ereby conveyed and for erecting improvements thereon In conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinance of the City of Mounds View, Minnesota It is specifically agreed that the Grantee shall promptly begin and diligently prosecute of the improvements thereon,velopment as provided f the Property rough the construc- tion the Agreement. Promptly after complthe etionrovements furnishntheyGrantee withwith thr provisions of the Agreement, tifying. Such certification the Grantor shall tio appropriate instrument so eell of (and (and It shall be so provided in the certIf! anon Issed cl covenants�of the Algreement satisfaction and termination of the agr and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligatlon of the Grantee to any holder of a mortgage, or any Insurer of a mortgage, securing money loaned to finance the pureahsa of the Property hereby conveyed or the improvenents, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Ramsey County, Minnesota. If the Grantor shall refuse or fall to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the Improvements In accordance with the provisions of the Agreement or is otherwise In default, and what measures or sets it will be uecessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Subject to Unavoidable Delays (as defined in the Agreement), fail to begin construction of the Minimum improvements (as defined in the Agreement) in conformity with the Agreement and such failure is not cured within thirty (30) days after written notice from the Grantor to the Grantee to do so; or (b) Subject to Unavoidable Delays (as defined in the Agreement), fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defined in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandonment or suspension shall not be cured, ended or remedied within thirty (30) days after written demand from the Grantor to the Grantee to do so; or (c) Fall to pay real estate taxes or assessments on the Property or any part thereof when due, or create, suffer, assume, or agree to any encumbrance or lien on the Property unauthorized by the Agreement wish the Grantor, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's liens, or any other unauthorized encumbrances or liens to attach, and such taxes or assessments shall not have been paid or the encumbrance or lien removed or discharged, or provisions satisfactory to the Grantor made for such payments, removal or discharge, within thirty (30) days after written demand by the Grantor to do so, provided, that If the Grantee shall first notify the Grantor of Its intention to do so, It me; In good faith contest any mechanics' or other lien filed or established and In such event the Grantor shall permit such mechanics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal, but only if the Grantee provides the Grantor with a bank letter of credit in the amount of the lien or such other collateral as the Grantor may request, all In a form satisfactory to the Grantor so that the amount of any ltd lien will be paid in the event that the lien is finally determined to be valid 13-2 and during the course of such contest the Grantee shall keep the Grantor informed respecting the status of such defense; or (d) Cause or permit, in violation of the Agreement, any transfer of the Property or any part thereof, or any change in the ownership or distribution thereof of the Grantee, or with respect to the identity of the parties in control of the Grantee or the degree thereof, and such violation shall not be cured within sixty (60) days after written demand by the Grantor to the Grantee; or (e) Fail to comply with any of Its covenants under the Agreement and fail to cure any such noncompliance or breach within thirty (30) days after written demand from the Grantor to the Grandee to do so; then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors In interast; but only It theeents stated in Section 2(a)-(e) have not been cured within the time Pe provided above. SBCTiON 3. The Grantee agrees for Itself and its successors and assigns to or of the Property or say part thereof, hereinbefore described, that the Grantee and such successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable municipal development district plan as amended and extended; (b) Not discriminate on the basis of race, color, creed, netio.^.el origin, or sex In the sale, lease, rental, or In the use or occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof; (a) Not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action so long as tax increment generated by the Property is pledged to the payment of the principal of and Interest due on outstanding bonds or other obligations; (d) Not apply for or seek through administrative or judicial proceedings a reduction in real property taxes If such reduction would reduce taxes to an amount below the amount needed to pay the principal and Interest due on ''the tends or other obligations for which tax increment generated by the Property is pledged; and (e) Comply with the provisions of Sections 5.1, 6.1, and 6.3 of the Agreement relating to Insurance coverage, tax guaranty payments, and the payment of real property taxes. it Is intended and agreed that the above and foregoing agreements and covenants shell be covenants running with the land, and that they shall, in any H-3 • r event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically nd a provided it videdtIn this benefit end be binding, to the fullest extent the mitted Grantor by gainst the Grantee, its successors and favor, s, and enforceable by, or art thereof or any satire, and every and any interest orthe rocc occupancy ofythe Property or any interest therein, and any party possession part thereof. in amplification, and not in restriction of, the provisions of the preceding section, it Is intended and agreed that the Grantor shall be deemed beneficiaries of the agreements and covenants provided herein, both for and In its owA t e other also for the purposes of protecting the interest of the commu,-,* paritesr pub!lc or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run jn favor of the Grantor without reagrd to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which each agreements and covenants agreement or covenant te. The Grantor tto exercisel have the ]ght, In the event of all the rights and re breach d any such aan remedies, and to maintain any actions cr suits at law or ,c equity or other proper proceedings to enforce the curing of such breach of ag Bement or covenant, to prow ded o howevere Grantee's�pers personal o bligationsnt or hereunder ant a any othr y be shalltermin to 20 years from the date of this Deed, or sooner as provided In the Agreement. SECTION 4. This Deed is also giver subject to: (a) Covenants, conditions and restrictions contained in the Mounds View Municipal Development District Plan Number 1, as amended as of the date of the Agreement. (b) Provision of the ordinances, building and7onin sing o tar laws of they the City of Mounds View, state and federal laws and regulations affect this real estate. (c) Provisions of that certain Deie0 n er's Agreement between the Grantor and Grantee, dated + (d) Taxes payable subsequent to the date of this conveyance. B-4 r. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in Its behalf by its and and has caused Its corporate seal to be hereunto affixed this day of , 19_ THE CITY OF MOUNDS ViEW, MINNESOTA By Its By Its STATE OF MiNNESOTA 3 COUNTY OF I On this day of _ , 19 , before me, a notary public within and for Anoka County, personally appeared and to me personally kncrm who by sae duly sworn, did ;ay that tney are the mad eI The Tito of Mounds View (the "City'9 named in the foregcing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution Council; and id and acknowledgedd d Instrument to be the —'free and deed of said City. This instrument was drafted by: Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Notary Public B-5 SCHEDULE C ASSESsfdENT AGREEMENT and ASSESSOR'S' CERTD?ICATION By acd among o•, ,.lvvrarn e. r'" -i'tiii Cal OF invva:uv ..u..r �� --• �hGOMMBRrUL PROPERTY INVESTMENTS, INC. M COUNTY ASSESSOR OF THE COUNTY OF RAMSEY This Document was drafted by: HOLMES & GRAVEN, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the _ day of , and among The City of Mounds View, Minnesota, a municipal corporation (the "City'),ACommercial Property investments. inc., a Minnesota corporation (the "Redeveloper'), and the County Assessor of the County of Ramsey (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof the City and Redeveloper an Everest Development, Ltd.p have entered into a Contract for Private Redevelopment (the "Redevelopment Contract") regarding certain real property located in the City of Mounds View, pursuant to which the City 1s to acquire certain property, hereinafter referred to as the "Redevelopment Property" and legally described in Exhibit P_ hereto and convey said Redevelopment Property to the Redeveloper; and WHEREAS, it is contemplated that pursuant to said Redevelopment Contract the Redeveloper will construct a upon the Redevelopment Property (the "MI, mum Improvements"); and WHEREAS, the City and Redeveloper desire to establish a minimum market val'-'e for said -Redcvelopmert mpsrty a4d V4 in laimum improvements to be constructed thereon, pursuant to Minnr-cte Statutes, Section 469.1"", Subdivision 9; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum improvements which it is contemplated will be erected; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows. 1. Upon substantial completion of construction of the above -referenced Minimum Improvements by the Redeveloper, as evidenced by the delivery to the Redeveloper from the City of the Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value which shall be assessed for the Redevelopment Property described In Exhibit A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be Dollars ($ ). The parties to this Agreement expect that the construction of the above -referenced Minimum Improvements will be completed on or before 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on the earlier of the following: (a) January 2, 2009; or (b) The date when the tax increment bonds issued by the City and referred to in the Redevelopment Contract a; the Bonds have been paid in full and retired. The events referred to in Sections 2(b) of this Agreement shall be evidenced by a certificate or affidavit executed by the City. C-1 - r• 3. This Agreement shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes. Section 462.171 Subdivisloo 8, set forth in Exhibl: B hereto. The Redeveloper shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, nor shall they be construed as, modifying the terms of the Redevelopment Contract between the City and the Redeveloper. S. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6. Each of the parties has authority to enter Into this Agreement and to take all actions required of It, and has taken all actions necessary to authorize the execution and delivery of this Agreement. 7. in the event any provision of this Agreement snall he held Invsltd and unenforceable by any court of competent jurisdiction, such holding shrJ1 not Invalidate or render unenforceable any other provision hereof. 8. The parties hereto agree that they will, from time to time, execute, ackno,dedge and deliver, or cause to be executed, acimowledged and delivered, such supplements, amendments and modifications hereto, and such further instruments as may reasonably be required for correcting any Inadequate, or inLarrect, or amended description of the Redevelopment Property oe the Minimum improvements, or for carrying out the expressed intention of this Agreement, Including, without limitation, any further instruments required to delete from the description of the Redevelopment Property such part or parts as may be included within a separate assessment agreement. 9. Except as provided in Section 8 of this Agreement, this Agreement may not be amended nor any of its terms modified except by a writing authorized and executeu 7y ell parties hereto. 10. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Instrument. 11. Thfs Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. THE CITY OF MOUNDS V'EW, MI NNESOTA By its By its C-2 W By Its And By Its C-3 BY COUNTY ASSESSOF The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion .hat the minimum market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market a value assigned to such land and Improvements upon completion of the improve- ments to be constructed thereon shall not be less titan Dollars (S t until termination of this Agreement. County Assessor for the County of Ramsey STATE OF MiNNESOTA ) SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 19 by , the County Assessor of the County of Ramsey. Notary Public l� C-4 4 Y EXHIBIT A Legal Description of Land C-5 r— EXHIBIT B SectloqkgL.177t Subd. 8. Assessment agreements. An authority may, upon entering Into a development or redevelopment agreement pursuant to section 489.176 subdivision 5, enter into a written assessmer* agreement In recordable form with he developer or redeveloper of property within the tax Increment financing district which establishes a minimum market value of the land and completed Improvements to be constructed thereon until a specified termination date, which date shall be not later than the date upon jYhIch tax Increment will no longer be remitted to the authority pursuant to sectlorOL69.178A subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax Increment financing district Is located. The assessor shall review the plans and specifications for the Improvements to be constructed, review the market value previmisly usigned to the laud upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, In the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon such agreement: The undersigned assessor, being legally responsible for the assessment of the above -described property upon completion of the Improve- ments to be constructed thereon, hereby certifies that the market value assigned to such land and improvements upon completion shall not be less than $ _ Upon transfer of title of the land to be developed or redeveloped from the ` authority to the developer or redeveloper, such essessmert agreement, together with a copy of this subdivision, shall be fi'.ed for record and recorded in the office of the county recorder or filed In the office of the registrar of titles of the county where the real estate or any part thereof is situated. Upon completion of the improvements by the developer or redeveloper, the assessor shall value the property pursuant to Section 273.11, except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign a market value to the property In excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction In market value for property tax purposes; provided, however, that the developer or redevel- oper shall not seek, nor shall the city assessor, the county assessor, the county auditor, any board of review, any board of equalization, the commissioner of revenue or any court of this state grant a reduction of the market value below the minimum market value contained in the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of Improvements, destruction or diminution by any cause, Insured or uninsured, except In the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrancer of the land or any part thereof, whether voluntary or involuntary, and stiall be binding upon them. C-6 r SCHEDULE D WHBREA9, The City of Mounds View, Minnesota, a municipal corporation (the "Grantor"), by a Deed recorded in the Office at i`.9 County Rce°rder or the end J respectively, has conveyed to Registrar t Titles In and for the County of An and State of Minnesota, e9 Dee Document velopmNumber(s) _ ration (the "Grantee"10 the following Everest Development, Ltd.,a Minnesota corpo described land in County of Ramsey and State of Minnesota,ta-wit: and WHEREAS, said Deed contained certain covenants and restrictions, the ssors and assigns, said covenants and breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-enty by Grantor, Its succe restrictions being *-ot forth in Sections 1 and 2 of said Deed; an ts and conditions WHEREAS, said Grantee has performed said co Grantor to permit the insofar as it is able In ut annerhis dee ed s fficient by execution and recording NOW, THEREFORE, this is to certify that all building he Grantee and other physical Improvements specified to be done and made by the Grantee have eed have been been completed and the above covenants and rovistoconditins for ons nforfeisaid t re of title and performed by the for breachtee ofcondition suein and that the bsequent by the Grantor therein is right to re-entry lies to the land described hereby released absolutely and forever Insofar rar of Tiles in and for the County of herein, and the County Recorder or the Reg Anoka and State of Minnesota is hereby authorized to accept for recording and D-1 to record, the filing of this instrument, to be a conclusive determination of the t 1 satisfactory termination of the covenants and conditions of the contract referred to in said Deed, the breach of which would result In a forfeiture and right of re- entry, but the covenants created by Section 3 of said Deed shall remain in full force and effect. Dated: , 19 . THE CITY OF MOUNDS VIEW, MINNESOTA (SEAL) By Its By Its STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1.9_, before me, a Notary Public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he is the of the City named in the foregoing instrument; that the seal affixed to said Instrument is the seal of said City; that said Instrument was signed and sealed in behalf of said City by authority of its Council; and said acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 19 , before me, a Notary Public within and f [ Bald County, personally appeared , to me personally known, who, being by me duly sworn, did say that (s)he Is the of the City named In the foregoing instrument; that the seal affixed to said instrument Is the seal of said City; that said instrument was signed and sealed in behalf of said City by authority of its Council; and said acknowledged said Instrument to be the free act and deed of said City. Notary Public D-2 (1 sCREDULE E Permitted Encumbrances Tha following shall be permitted encumbrances on the title to the Redevelopment Property: (a) such encumbrances as are mutually agreed to in writing by the City and the Redeveloper; (b) any encumbrances or defects in the title not of record not known to the Redeveloper, but known to the Redeveloper on a date twenty (20) days from the date of City's receipt of a commitment for title insurance for the Redevelopment Property; (c) governmental regulations, If any, affecting the use and cceupaney of the Redevelopment Property and Minimum Improvements) (d) zoning laws of the City, County, and State; (e) all rights in pubic hignways upon the Sand; (f) reservations to the State, in trust for the taxing districts concerned, of minerals and mineral rights in those portions of the Redevelopment Property the title to which may have at any time heretofore been forfeited to the State for nonpayment of real estate taxes; (g) the lien of unpaid special assessments, if any, not presently payable but to be paid as a prt of the annual taxes to become due; and (h) the lien of unpaid real estate taxes, if any, not presently payable but to be paid as a part of the annual taxes to become due. E-1 SCHEDULE F IRREVOCABLE LETTER OF CREDIT NO. TO: City of We hereby Issue an Irrevocable stand-by Letter of Credit No. In favor of the City of , Minnesota (the "City'9, for account of (the "Redeveloper" ), which Is available by negotiation of C(ty's draft at sight on or before the day of , 19_1 for 100% of statement value, up iu an amount not to exceed Dollar;, arcompanied by a written statement, substantially in the form of the wrlttea statement attached hereto as Exhibit A, executed by the of the City or Ito designee, bee -Ping the number of this Letter of Credit and stating that the amount of the Clty's draft covers the Indebtedness of the Redeveloper to the City provided for in Section 4.6, of the Contract For Private Redevelopment by and between the City of and dated as of the day of , 19_, as amended. We hereby agree with the City that all drafts drawn under and in substantial compliance with the terms of this credit will be duly honored on presentation. This credit shall be constnied in accordance with the laws of the State of Minnesota Including, In particular, Minnesota Statutes, Sections 336.5-101 to 336.5- 117 (Uniform Commerclal Code, Article 5, Letters of Credit). By Its F-1 17—iff—ritV TOs The undersigned (or designee of the ) for the City cf , Minnesota (the "City") hereby states that the amount of the draft accompanying this statement covers the Indebtedness of (the "Redeveloper') to the City provided for In Section 4.6, is the case may be, of the Contract For Private Redevelopment by and between The City of and , dated as of the day of , 19 , as amended. The accompanying draft is drawn on Irrevocable Letter Credit No. THE CITY OF ,MINNESOTA By Its F-2 SCHBDULS Q �. Contract for Deed E C-1 SCREDULZI Description oi—IUbIlL �IMWVM�011tl 1-1 SCHBDULBJ Construction Schedule for Pub' lo Improvements Is SCHEMER Form MfO-2fnfon of lledeveloper'e LeQel Counsel N Lis K-1 CITY OF MOUNDS VIEW COUNTY OF RAMSEY day STATE OF MINNESOTA MOUNDS VIEW DEVELOPMENT AGREEMENT NO. 87-81 Mounds View Business Park THIS AGREEMENT made and entered into this day of , 19_, by and between the CITY OF MOUNDS VIEW, County of Ramsey, State of Minnesota, pdrty of the first part, hereinafter called the "City", and Everest Development, Ltd., and Commercial Property Invest (CPI) eemmareial-Property-Investment party of the second part, hereinafter called the "Dovelopee", W I T N E S S E T H: WHEREAS, the Developer, in consideration of, approval _ of the Development Plans for Mounds View 3usiness Park and the issuance of permits thereof, hereby agrees with the City c to perform all of the acts required herein and to conform to all of the conditions set forth as follows: 1. Wherever the word "City" appears herein, it shall mean and include the City of Mounds View and also said City's agents and employees; and wherever the word "Developer" appears herein, it shall mean the developer, and any if its agents and employees. Wherever the words "development site" appears herein, it shall mean the premises described in the following exhibits: Exhibit 1 - Site Development Plan dated June, 1987 Exhibit 2 - Preliminary and Final Plat dated Jane, 1987 Exhibit 3 - Contract for Private Redevelopment Exhibit 4 - Elevations, Office/Service Building 1, Light Industrial Building 2, and Preliminary Landscape Plans dated June 10, 1987 Rvhihit 5 - Sanitary Sewer, Watermain, Storm Sewer and Street Wherever the words "public improvement" appear herein, it shall mean any improvement defined under Chapter 26.04, Sub. 1, of the Municipal Code, and shall include and not be limited to streets, curbs, and gutters, sanitary sewer and water installations, storm water and drainage installations. 2. This document shall be referred to as the "Develop- ment Contract and said document cannot be transferred or assigned except pursuant to the terms and conditions of the Contract for A' Private Redevelopment, Exhibit 3. 3. All improvements required herein to be performed by the Developer shall be constructed and paid for by said Developer pursuant to appropriate permits and approval from any governmental agency, such approval and any environmental assessments or environmental impact statements required to be obtained by and prepared at the expense of said Developer."} 4, F.t1 public improvements, if any, required to be constructed by the Developer pursuant to this Agreement: shall be Derformed by the Developer with such materiels an, .c,uiFrent as required by the city under the direct supervision of the City and shall be in conformance with any and all rrlulations in force at the time of construction, and the City is hereby granted the right of access to the development site to inspect said { n construction at such times as the City may direct. 5. The Developer shall, and hereby does, agree to pay when due and before they become delinquent, all valid taxes and assessments, if any, there ever be levied against said development site or portion thereof. -2- 6, The City shall not be under any obligation or responsibility to act as engineer -consultant to the Developer in any matter related to this Agreement or to any public improvements required on said site by the City, or to act as inspector and report to said Developer any defect or failure, hazard or inadeq,iacy or otherwise relative to said site development; any actual or implied approval by the City in respect to any development shall not serve either to alter or extinguish or to otherwise affect the responsibility, obliga- tion or liability of the Developer in this. 7. The Developer shall not unnecessarily damage or a int erference Eerenc e with drainage ways or ob struct uct m or cause ! drainage works located within or adjacent to said dvvelopmen t ' contractor or other agents to d o SO - site, or permit its public improve- C8. The Developer shall not alter any of the ments located on said site except if and as elsewhere herein icularly in each instance authorize6 in provided or as part b the City. , writing Y roved, 9. Surface drainac: to be constructed and approved, beofre and after construction, by the City Inspection Depart- ment. roved by 10. All drainage easements required by the PUD app the City shall be granted by the Developerr without cost to the City, as required. 11. The Developer agrees to conform to all of the applicable s amended from requirements of the Mounds View Municipal Code, a time to time, and particularly Chapters 26r 39, 40, 42, 48, 49, �+ 49A, 59, 60, 61, 62 and 63. -3_ 12. Developer herein agrees pursuant to provisions of the Mounds View Municipal Code, Chapter 49.07, Subd. 6, to pay, prior to the approval of the permits required, the reasonable and necessary expenses incurred by the City in the processing, review and evaluation of the proposed development and in the g inspection of all work performed pursuant to said contract. Such costs shall include administrative, legal, and engineering j expensee incurred and allocatable to the project. 13. Developer agrees that the City can terminate develop- ment of the development site or the construction of any building structures thereon if the terms of this Development Contract have not been conformed to by the developer. In addition, in the ;=;q event the Developer fails to conform to the conditions of this Agreement, the City shall be entitled to enforce it pursuant to the terms of this contract and/or the provisions of the Mounds View Home Rule Charter, Chapter 26 of the Municipal Code or 4-c " l' applicable Minnesot - ...tuts'. 14. It is understood and hereby agreed by and between the: parties he.;to that any plans or data supplied by the City within or adjacent to said development site are approximations only and that the City explicitly does not pretent or guarantee or warrant any such plans or data to be either complete or correct. 15. The Developer shall not unnecessarily create, cause or suffer to exist or to continue to exist, any nuisance or hazard to persons or property within or adjacent to said site by reason of said public improvements, development of the site or other operations in respect thereof or permit its agents, engineers or contractors to do so. -4- 16. When applicable, three complete sets of plans and specifications or directions for any public improvement to be constructed on said site, each bearing the certificate and seal of a professional engineer duly registeree .n the State of Minnesota, shall be submitted to the City well in advance of the time proposed for commencing construction thereof. The City shall have a period of not Less than 30 days in which to examine and review the plans and specifications submitted by the Developer and to reply to the Developer with respect to the adequacy oz inadequacy of the plans and specifications. Upon final approval of the plan and specifications within a reasonable time following completion of the installation, the Developer shall furnish and deliver three sets of "as built" plans thereof to the City. If any public improvements are to d be constructed on said site by the City, the necessary easements and right of ways shall be grated to the City at the expense of the Developer including the costs of the preparation of the right of way documents and filing. The Developer fu.ther agre__ ­3 grant to the City such easements over, under and across the development site, at no cost co the City, as are reasonably nece'ss3ry for the maintenance of any public improvement constructed on the development site. The Developer shall establish permanent reference marks, reasonably satisfactory to shown locations of the public improvements constructed on the development site. 17. In the case of a multiple dwelling, commercial or industrial development or any use combining any of the afore- said uses, the Developer agrees on behalf of itself, its heirs, successors or assigns to permanently maintain the site desceibed -5- herein pursuant to the terms of this development contract, and said Developer shall not permit the premise3 to deteriorate or become blighted or t, constitute a public nuisance. Enforcement of this provision shall be pursuant to the terms of this contract _- or the provisions of the applicable Minnesota Statutes, the Mounds View Home Rule Charter, and the Municipal Code. In the _- event of nonconformance by the Developer, the City shall seek mandatory relief, after written notice of the alleged violations, pursuant to the terms of this contract to enforce this provision and may proceed to abate public nuisances and to assess the cost of said abatement, including all costs, disbursements, legal fees Y. against the development site, as provided for in the Home Rule Charter, Chapter 26 of the Municipal Code, and such other appli- cable ordinances and Minnesota Statutes. The Developer's obliga- tions under this paragraph shall immediately terminate, with respect to the Developer, upon the Developer's transfer or conveyance of its entire '.nterest in the development site provided the successor or assignee assumes bai9 oL-.igations. 18. The development site shall be developed as indicated on the attached site plan, referred to as Exhibit 1. The site plan'and the development to be constructed thereon may be amended from time to time by the mutual -itten consent of the parties hereto, in conformance with the Municipal Code of the city. 19. In addition to all of the provisions recited herein - before, the Developer agrees to the following conditions as more fully set out in Exhibit 2A attached hereto and made a part hereof. - o - 20. The provisions of this contract are severable, and in the event that any provision of this agreement is found invalid, the remaining provisions shall remain in full force and effect. This agreement is made and executed pursuant to and under authority of Resolution No. adopted by the City the 19 , and by resolution or authorized day of ' — signature of the Developer. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY OF MOUNDS VIEW By Its Mayor By Its Clerk -Administrator DEVELOPER: By Its By Its Approved as to form and execution this __ day of 19 : City Attorney -7- f ,? EVEREST DEVELOPMENT, LTD. AND COMMERCIAL PROPERTY INVESTMENTS DEVELOPMENT AGREEMENT NO. 87-81 EXHIBIT 2A In addition to the foregoing conditions, the developer agrees to the following: 1. Pay a park dedication fee of $175,000 to be paid as follows: $50,O00 by December 31, 1987 and, $12,500 per year for the years 1988 through 1997 by December 31st of each year. 2. Obtain City approval of the final plat and provide _ evidence of recording of said plat at Ramsey County prior to submitting building applications. 3. The Developer shall remove all billboards from the P.U.D. by December 1, 1987, or as soon thereafter as Developer may legally do so. 4. The Developer shall secure approval Zrom Rice Creek Watershed District prior to awarding construction i~ contracts. 5. All utilities shall be installed underground. 6. All public utilities shall be installed by December 31, 1988. This includes the following: a) Water b) Sewer c) Gas d) Streets e) Berm along south side of County H-2 including landscapinq and sod f) Signalize intersection at T.H. 10 g) Street lights: (1) The Developer shall furnish and install power to said street lights when Northern States Power Company provides power to the ' area h) Traffic control signs including stop signs, street intersection name signs i) Telephone 7. The Devloper shall have recorded at Ramsey County on the deeds of the lots adjacent to the storm water holding pond that maintenance of said pond shall be the responsibility of the property owner. Evidence of recording shall be submitted to the City. If said pond -2- is filled with debr's and the property owner has not ' removed said debris, the City Council may maintain said pond and assess 30 calendartdaysce cost writtento the noticeptopthey after giving .•:,` property owner. 8. No building permits shall be issued until the plat is approved and recorded by Ram9ey County. 9. The Developer shall furnish a $1,CD0 security for 7 years to guarantee the pondie3 and control structures r to be included in the Letter of Credit provided for in for Private Redevelopment. Section 4.5 of the Contract 10. The developer shall install lot corners prior to approval of the building permit. 11. Developer shall install metal fences 6^4ts (minimum to utility 7 - 1/2 feet long) at lot corners priot construction. ' 12. The Developer shall select street names and addresses approval from the City and U.S. for the lots and secure Post Office prior to approval of the final plat. 13. Preliminary or final occupancy permits for each phasa l® of the project shall not be issued until water, sanitary sewer, storm sewer, concrete curb and gutter such phase have been and bituminous base to service inbtalled the area of the project where the building is located. z 14. Building signs and other signs shall meet City Code requirements and .^' uniform throughout the P.U.D. 15. City Code Chapter 40.24, Subd. B(4), requirements -- shall be satisfied. 16. All requirements of City Code Chapter 40.24 Subd. B (8) through B (13), shall be satisfied. 17. The Development Phase Plans of the P.U.D. shall meet the approval of the Mounds View Fire Chief. 18, If the Developer acquires the single family house west of McDonald's Restaurant, the property shall be included in the planned unit development. 19. The Developer shall install plantings on the north side of County Road H-2 in the area of the parking lot exits to County Road H-2 in accordance with approved P.U.D.'s landscaping plan. 0 -3- 20. The Developer shall carry storm water away from a portion of County Road H-2 along that portion of frontage owned by the Developer as approved by the City Engineer. 21. No construction shall be permitted until a final 1011 Indirect Source Permit (ISP) is issued by Minnesotans Pollution Control Agency. The Developer agrees to MIE comply with all of the requirements of the permit. The Developer further agrees to submit to the Director of the Division of Air Quality, Minnesota Pollution Control Agency, the annual report required by Part III, ti .8 of the Permit on behalf of the City with a copy being ; submitted to the City. I Date: Date: FOR THE CITY: FOR THE DEVELOPER: ATTACHMENT $1 EVEREST DEVELOPMENT, LTD. PETITION FOR PUBLIC IMPROVEMENTS 1987 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA _ To the City Council of the City of Mounds View, Minnesota; We, the undersigned owner(s) of percent of the benefitted that said real property property described below, hereby petition be improved by street, curb and gutter, storm sewer, street light(s), water and sanitary sewer and other public utilities Municipal Code, Chapter 26, and approved pursuant to Mounds View plans. Vie, the undersigned owner(s), also agree that should we deem it the improvements once the inappropriate to proceed with public feasibility study or the plans and specifications have started, be that financial responsibility for funds expended will accepted and paid by us. ^I Description of property: cr' Signature if Owner: -' Everest Development, Ltd. it is understood by the above signed owner(s) of 100 percent of for improvements that the benefitted property being petitioned be assessed by a special assessment to the said improvements will above benefitting property owner(s). Examined, checked, and found to be in proper form and to be by making of the signed by the owner(s) of the property affectd improvement. Donald F. Pauley Clerk -Administrator MOUNDS VIEW RESOLUTION NO. 2273 RESOLUTION PROVIDING FOR THE ISSUANCE AND PUBLIC SALE OF $6,000,000 TAXABLE GE OF SERIES 1988A THE CITY OF MOUNDS VIEW,VIEW,MINN SOTA It is hereby resolved by the City Council of the City of Mounds View (the "Issuer") as follows: 1. Findings Authorization. 1.1 it is hereby found and determined that It is necessary and expedient to the sound financial management of the Issuer for the Issuer to issue its taxable general obligation tax increment bonds in order to provide funds to pay public redevelopment costs of a Development Project (the Project) established pursuant to Minnesota Statutes, Sections 469.124 to 469.134, as amended. i.2 The Issuer pursuant to Minnesota Statutes, Sections 273.71 through 273.78 has established Tax increment Redevelopment District No. 1 within. its Development District No. 2 pursuant to a Tax Increment Financing Plan (the "Plan") dated September 22, 1986. The Issuer is authorized by Minnesota Statutes, Section 273.77 to (a) issue its general obligation bonds for the purpose of financing pxnpnditures of the Authority incurred pursuant to Minnesota -Statutes, Section 273.75, subd. 4; and (b) to provide for the issuance v, 5� 6 w••�� ••• •••- •••—" nPr provided by, and subject to the limitations of, Minnesota Statutes, Chapter 475. 2. Sale of Bonds. 2,t in order to provide funds to pay the public redevelopment m,s of the Project in accordance with the Plar•, the Issuer shall issue its Taxable General Obligation Tax increment Bonds, Series 1988A (the "Bonds") in the principal amotmt of $6,000,000. Any excess of the purchase price of the Bonds over the sum of $5,910,000 shall be credited to the debt service fund for the Bonds to pay interest first due on the Bonds. 2.2 The Bonds shall be issued, sold and delivered in accordance with the Official Terms of Bond Offering, attached hereto as Appendix A. 3. Award of BondsiAdvert[sement, @Ieeting. 3.1 The City Clerk -Administrator of the Issuer is authorized and directed to cause advertisement for sealed bids for the purchase of the Bonds to be published in the manner required by Minnesota Statutes, Chapter 475, and in any additional publications as the City Clerk -Administrator may determine to be suitable. Such advertisement for sealed bids shall be In substantially form attached hereto as Appendix B. 3.2. Sealed bids for the Bonds will be opened by the City on Monday, January 11, 1988, at 11:00 a.m., Central Time, at the off'^.es of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by the City Council at 7:00 p.m.,' Central Time, of the same day. (1) Adopted by the City Council of the City of Mounds View this 14th day of December, 1987. Offered by: Councilmember Seconded by: Councilmember Roll Call: Ayes: Nays: Absent: Clerk -Administrator (SEAL) Mayor J APPENDIX B OFFICIAL NOTICE OF SALE TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERM 1988A C19R OF MOUNDS VDfW, MINNESOTA Notice is hereby given that the City of Mounds View, Minnesota (the "City") will receive sealed bids at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143, on Monday, January 11, 1988, until 11:00 a.m., Central Time, for the purchase of its $6,000,000 Taxable General Obligation Tax Increment Bonds, Series 1988A (the "Bonds'). The bids will then be opaned and recorded. The City Council will consider the award of the Bonds at 7:00 p.m., Central Time, of the same day. The Bonds will be dated February 1, 1988, will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1988. The Bonds will be Issued in Integral multiples of $5,000 as requested by the Purchaser, and will be fully registered as to principal and Interest. The Bonds will mature February 1 in the amounts and years as follows: Year Amount Year Amount 1992 $ 25,000 1998 $500,000 1993 250,000 1999 575,000 1994 300,000 2000 650,000 1995 325,000 2001 750,000 1996 375,000 2002 850,000 1997 450,000 2003 950,000 Bonds dne o., or after February 1, 1°p7 will be subject to redemption, in whole — in par! at nar plus acc.ued interes,, a! the city s option on February 1, 195;, and on any interest payment date thereafter. If less than all cf tl•4 Bonds are redeemed, Bonds will be redeemed in inverse order of maturity and by lot within a single maturity. The City will furnish the approving legal opinion of Holmes h Graven, Chartered, of Minneapolis, Minnesota. A copy of the legal opinion will be reproduced on the printed Bonds. Copies of the detailed Official Terms of Offering and adcitional information may be obtained from the City Clerk -Administrator or from SPRINGS:ED, lncorporat;'; 85 East Seventh Place, Suite 100, St. Pau:, Minnesota 55101-2143. Dated: December 14, 1987 BY ORDER OF THE CITY COUNCIL OFFICIAL TERMS OF OFFERING $6,000,000 CITY OF MOUNDS VIEW, MINPESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A Sealed bids for the Bonds will be. opened by the C!ty on Monday, Jon -,cry 11, 1988, at 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by the City Council at 7.00 P.M., Central Time, of the some day. DETAILS OF THE BONDS The Bonds will be dated February 1, 1988, as the date of original issue, and will bear interest payable on February I and August I of each year, commencing August I, 1988. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the _ MSRB, The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest an each Bond will be payable by o th theabooksrOft oppeois on iThetRegisttrarras ofhe Registar 'Ithe ed tl5 heday lutf the caendarered nulder emonth reof tnext preceding his address as lthe interest payment. The Bonds will mature February I in the amounts and years as follows: .1 `500 000 1998 $850,000 2001 25,000 I992 375,000 1995 575,000 1,099 850,000 2002 250,000 1993 450 000 1996 1,50,000 2000950,C00 Z003 .300,000 1994 450,C00 1997 OPTIONAL REDEMPTION The City may elect on February I, 1996, and on any interest payment date thereafter, to prepay Bonds due on or after February I, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by !et by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PUP.POSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will Pledge tax increment revenues generated within the City's Tax Increment Redevelopment District No. I. The proceeds will be used to finance eligible project costs within t' e City's Development District No. 2. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for the United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. TYPE OF BID t ,A sealed bid for not less than $5,910,000 and accrued interest on the total principal amount of the Bonds sholi be fi!ed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount f $60,000, payable to the; ' order of ned or Financial tAdvisor. sNolbid wihave llen filed with the beconsidered for which'said check phasnottbeen filed. eThe check of the Purchaser will be retained by The City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the am bids unle s will be deducted at settlement. No bid shall for considra withdrawn after the time set for opening Bidders shall be in the another dateowithout �taward e of scheduled Bands having been thm des'Ra esuofferrned Ied re tharecessed,n or continue o integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than Blower than .any prior rate. Bonds of the same maturity shall bear a single rate frarr. the date of the Bonds to the date of maturity. AWARD par, to the total the Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the dedu;tic;, of the premium, !f any, from, or the addition of any amount less than p dollar interest the tthe Snet do dollar pint rest cost of eachr date to ebid,ir �in laccordanlce withtcustomaryhpractice, computation will be controlling. bid or of matters The City will reserve the right to: (i) waive non-substan(!I) informalities o any (III) determines to have failed to comply with the terms herein. relating to the receipt of bids and sword of the Bonds, (ii) reject all bids without cause, an � reject any bid which the City REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. C1+:,1P NUMBERS If tha Bonds qualify for assignment of CUSIP numbers such numbers with respect thereto wil will be printed on the Bonds, u uch numbers on any Bond nor anv error refusal by the Purchaser to accept delivery of the Bonds. The CUSIP neither the failure to print s Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the constitute cause for failure or Purchaser. SETTLEMENT satisfactory to the City and the Purchaser. Delivery will be subject to Within 40 days tollowing the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually approving tlegal opinion of Holmes & Graven, Charterestomary closing dof receipt by the Purchaser of a" on g for the Bonds shall be made Minneopc 'Minnesota, which opinion will be minted tt the Bonds, and of r the Bor s shall bee, not including a no -litigation certificate. s the date ei settlement payment rent for the Bonds to federal, or equivalent, funds which shalt be received at the offices r the City, impossible Ti by action of the City, or its agents, the Purchaser shall he liable to later than I:00 P.M., Central Time• Except as compliance with the terms o pay shall have ben made suffered by the City the of the Purchaser's non-compliance with said the City for -any lossf terms for pay OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request till be with 50 copies o the C!ty's Finance Advisor prior the bid opening. The Purchaser we pof the Official Statement. w BY ORDER OF THE CITY COUNCIL Dated December 14, 1987 /s/ Donald F. Pauley Clerk -Administrator I w RECOMMENL'ATIONS FOR CITY OF MOUNDS VIEW, MINNESOTA $6,00D,00D TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19MA Study No. 3335 December 10, 1987 SPRINGSTED Incorporated l� SPRINGSTED ® d PUBLIC FINANCE ADVISORS ..� 85 East Sevenlh Place. Suite 100 ( Samt Pa�1, Y-nnescla 5510L2141 6122233000 FAX 612-223.3002 December 10, 1987 Mayor Jerry Linke Members, City Council Mr. Donald H. Pouley, Clerk -Administrator Mounds View City Hall 2401 Highway 10 S :int Paul, MN 55112 RE: Recommendations for the Issuance of $6,000,000 Taxable General Obligation Tax Increment Bonds, Series 1988A We respectfully request your consideration of our recommendations for the issuance of these bards in accordance with the attached "Official Terms of Offering." (Appendix III). Proceeds of the bond issue will be used to assist the Everest Development, Ltd. project within the Mounds View Business Park. On September 2?, 1986, the City adopted its Development District Nit. 2 plan and tax increment financi plan, both relating to it:' project. All of the necessary permits have been received and the terms of t;. contract with the developer have been agreed upon so that the City is now at the point of being able to enter into the contract for private redevelopment with the company for this project. The terms of this contract for the redevelopment cal! for the development of the oroject, consisting of three phases of construction. The first phase, to be completed during 1988, consists -' a 121,320 square foot light industrial building and a 58,000 square foot office/service building. The second phase, to be completed in 1989, consist- :)f a 308,200 square foot light industrial building. The third phase, to be completed in 1990, c,)nsists of o 69,000 square foot light industrial building, a 52,800 office/service building, and a 6,000 square foot restaurant. The contract for private redevelopment calls for the City to issue its general obligation bonds in on amount not to exceed $6:000,000. The composition of the bond rssue includes the following: Public Improvements $1,426,532 Land Acquisitioti 2,622,468 Capitalized Interest (estimated) 1,6511,000 Bond Discount 90,000 City Administrative and Costs of Issuance 210,00 Total Bond Issue $6,000,000 Note: The Public Improvements portion will be adjusted to reflect actucl costs and available monies, including investment earnings from bond proceeds. Indiana Office VAscons:n CfLce. 251 Noon Ilbno,s Street. Sucre 1510 500 Elm Grove Read. Sane 101 Indanapobs, Ind.'Ina 46204.19.2 Elm Grove, w,consn 53122.0037 317231.3636 414-782.8222 Fax 311-237,3639 Fax 41-782-2904 City of Mounds View, Minnesota Ncernber 10, 1987 The bonds are general obligations of the City pledging its full faith and credit and unlimited taxing powers to the repayment of the bonds. The purpose nf the general obligation pledge is to lend to the bonds the credit rating of the City, which assures the investor that the bonds will be repaid. This results in the lowest available interest rates for the bonds. To protect the City, the redevelopment contract requires specific assurances and guarantees from the developer that the tax increment revenues pledged to the repayment of the bonds will be adequate to cover all debt service. The City has undertaken four separate methods of obtaining security to assure that the bonds will be paid from the project. These include: Assessment agreement. The assessment agreement is between the City of Mounds View, Everest Development, Ltd., and the Ramsey County Assessor. The assessment agreement states that, as of January I in each of the years 1989 through 1991, the developer will construct minimum improvements at a value not less than the amount shown in the development contract. The assessor aarees that upon, substantial completion of the construction, as defined in the redevelopment contract, the assessor will place a minimum market value on the property, which will be maintained as the minimum value of that property until all the bonds are repaid. This assure:: that there will be sufficient value to the property to generate the projected tax increments. It does not guarantee the increment, since there is no certainty as to future mill rates. 2. Release of funds. The City will not release any dollars from the bond issue to the developer until a certificate of completion has been certified for each of the phases. In other words, the developer will "front-end" the w slsiof each phase reimbursetheuntil the work is completed, at which time the Ci'y developer for eligible project costs out of the bond proceeds. This will take place upon completion of each of the phases. This assures the City that the work will be completed and the buildings are on the tax roils before bond proceeds are released. In other words, either the City will have cash to pay the bonds or there will be taxable value sufficient to generate the necessary increments, assuming no dramatic reduction of property tax rates, or major change in property tax administration. 3. Developer guarantee and letter of : • t. The developer guarantees the payment of any shortfall of tax increment which is insufficient to pay the debt service on the bonds. This pledge is uncondit`.onal. To add additional the developer w;ll provide the City a Guaranteed Letter of Credit to assure sufficient tax increment income in the years 4, 5, and 6 in an amount sufficient to guarantee the payment of all debt service. 4. Reserve fund. If excess tax increment is generated because of higher values within the tax increment district or because of higher mill rates than are contemplated, Page 2 City of Mounds View, Minnesota December 10, 1987 those excess debtr1 ll be service if needed or to to create a debt service reserve fund to help pay ay to prepay bonds if sufficient funds are available. There is no absolute guarantee that the City will never have to levy a tax to pay debt service. ations of the City, if all of the guarantees prove insufficient, e bonds he City eral is ultimately responsible fordthe repayment of the bongs. The security measures sfken on b, and mithe nimize thehowever possibil ty of comparison City to mast other municipalities, y 9, support. In September, 1986, the City formed the tax iThe find financing district whicas h will generate the revenues to repay these bonds. The financing district qualifies he a "redevelopment district" within the Statutes, which permits the life of the ty has selted a maturet ithint15 years of 1ssuonce, so thlat the District can bet havingicy of bonds to exeno for ears. The closed out early and the property put back on the general tax rolls. Appendix I is our projection of the reven.:s which will be received by the Di"lict from tax increments created by the phases of construction beginni g in 1990, e le OISO assumes inflation will he values by 2%u that,each year. The ill rote of 110 issue wi,ich is the approximate m ll�rate .4r properties llwil schedule also assumes a thin the City for t xescollected in 1987. No adjustment has been made to these numbers, and no attempt has I: 'n reflect changes in the fmadeormulaathat he State hassde ellopedtforttaxespay ble n1989valuation try to alter and beyond. It is our understanding that those changes will alter the assessed y ssed valuati ntaxes paid is upward and the mill rates 4ownward, but generally the overall level of property expected to be the some. The first phase of development, shown in Column 5, is for work to be completed duringe new be the rolls as January1288989,hfor taxes wt. thhsbuildings 9. Te value of will be leviedied n the llfall ofn1981 for collection i collect on n 1990. The final phase will be construction completed during 1991, with the value completion of the threerphases,,9t1heforede redevelopment contracr taxes to be tand�thelgassessm92. ent ti Colue ne 10 reflects rthe incrementalinimum increaseincomebthat�swill beadevluat elopedion of $ffom8,8h4s valuation, plus the projected inflation of valuation over the life of the bonds. This is the income that will be used to repay s. he Appendix II is the projected cash l Column 10e sealsoservice shown as Columns 10 of income generated in Appendix ' the City will not begin collecting incremental Appendix II. As discussed previously. income until the year 1990. There will be interest payments due o e the bonds during the time when no incremental income will se received. In order to assure that no tax levies will be required to pay the debt service, there is included in the bond issue $1,651,000 of capitalized interest which will be set aside to pay the interest on the bonds until the incremental income bands will be August I, 1is is shown in Column 7. The first interest pay he bo nt w due A February 1, and semiannually thereafter. The first principal pay 1992, after completion ip l ayment phase can befmadetbeginning Once the 3. third Asstaated is in place, major principal payments Page 3 City of Mounds View, Minnesota December 10, 1997 previously, the third phase of construction will be completed in 1990 and placed on the tax rolls as of January I, 1991. The first collection of taxes will be made in 1992, which will be available to pay the August I interest payment in 1992 c. : ti.e February I principal and interest payment in 1993. This levy cycle continues through the term of ?he bonds. Column 4 is our projection of interest rates for this bond issue. The interest rates are taxable rates, since the use of the bond proceeds will be for p,rvate activity, and because the City receives g-::...-.iees from the developer for the repayment of the bonds. Taxable bonds became a necessity with the Tax Reform Act of 1986, which severely restricts the use of tax-exempt bond issues to finance the costs of private activities. The taxable bond market is not well established, and therefore it is difficult to project accurately what interest rates may be received on the bonds. Most taxable bond Issues have been relatively small in size and do not present a very solid basis for making projections. To our knowledge, the $6,000,000 of taxable general obligation bonds will be the largest taxable issue sold in Minnesota to date. We anticipate or. excellent reception to the bond issue; however, we are still uncertain as to what interest rate levels will be required for the bonds. Our projections are based upon interest rates received for smaller issues and we are comfortable that actual rates received will not be greater than our estimate unless the overall market deteriorates between now and the sale date. Minnesota Statutes require the City to provide for debt service in an amo6ol equal to but not less than 105% of actual principal and interest cost. The reason for this / is to protect the bondholder and the City in the event the taxes are not received irr the full amount as projected. This may result in a surplus of revenues if 100% of the taxes are collected as projected. The surplus can be used to prepay bonds at some future date. The debt service at 105% is shown in Column 9. Column 10, as stated previously, is the projected incremental income. Columns II and 12 represent the surplus of revenues over debt service. The bond issue provides for bonds maturing in the years 1997 through 2003 to be callable as early as February 1, 1996 without penalty. This represents $4,725,000, or approximately 79% of the bond issue. This is an extremely aggressive call provision, but it is necessary in order to protect the City in the event that the income stream is more rapid than projected, creating surpluses which may not be able to be invested at rates as high as the interest rates on the bonds. Also, if income does not materialize as pruected, the City needs the opportunity to be able to refinance the debt at an early date. Any call provision earlier than what we are recommending may negatively affect the interest rates and the bidding on the bonds. Since the bonds are a general obligation pledge of the City, a Moody's rating will again be required for the issue. The City has not been reviewed b7 Moody's for several years, however, it has continued to retain its "A" rating. The $6,000,000 of new debt wil! be of significant concern to Moody's; however, at this moment we de not think it will detract from the current rating. We will continue to keep staff informed as we discuss this in more detail with Moody's. We are recommending the bonds be offered for sale on Monday, January II, with bids to be received in the offices of Springsted Incorporated at 11:00 A.M. A representative of the City will be required to attend the sale. The bids will be rw�, Page 4 City of Mounds View, Minnesota December 10, 1987 tabulated and. verified for accuracy and then presented to the Council for consideration of award at the regular meeting that evening. The reason for the daytime sale is to attract the most aggressive bidding from underwriters; also, if a problem arises, it can be solved during normal working hours, prior to action being required by the Council that evening. Proceeds will be available to the City shortly after February I. Respectfully submitted, SPRINGSTED Incorporated dah Page 5 APPENDIX I Prepared December 8, 1981 `-'• City of Mounds View. NlnnesoG Everest Development Ltd. TIF By SPRINGSTED Incorporated Valuation Inflated 8 2% Calculation of Tax Incr-rnt Revenues Everest Development Ltd. .......................................'--"---....__......_........._._........_...----.__..... Ineligible Increment Increment Total Hill Prglected Year Tax Year of Assessed Valuation Due to Due to Cumulative Rate Hill of increment Valuation VeC z increasc Inflation Construction Increment Year Rate Coll. Revenue (I) (2) (3) (4) (5) (6) (7) (8) W (10), 1988 2,S80,065 0 0 2,322.930 2,322,930 1989 110.000 1990 255.522 1989 6,279.211 0 0 3,699,14E 6,022.076 1990 110.000 1991 662,428 1990 8,501,613 0 125,584 2.096,818 8,244,478 1931 110.000 1- 1991 11,671.645 0 17D.032 0 8,414.510 1992 110.000 !993 925,596 1992 8,845.078 0 373,433 0 8,587.943 1993 110.000 1994 944,674 1993 9,021.980 0 176.902 0 8,764,845 1994 110.000 1995 964,133 1994 9,202,420 0 180,440 0 8,945.285 1995 110.000 1996 983,951 1995 9.386.468 0 184.048 0 9,129,333 1996 110.000 1997 1.004,227- 1996 9,574,197 0 187.729 0 9,317,062 1997 110.000 1998 1-024,877 1997 9.765.681 0 191.484 0 9,508,546 1998 - 110.000 1999 1.045,940 1991 91960,995 0 195,314 0 9,703.860 I999 110.000 2000 1,067,425 1999 10,160.215 0 199.220 0 9,903,080 2000 110.000 2001 1.089,339 2000 10,363.419 0 203.204 0 10,106,284 2001 1:O.000 2002 1.111.691 TOTALS: 0 2,621.714 8,118.694 11,986.726 Assumptions: Valuation Inflator: 2.00% First year applied: 090 Hill rate Inflator: 0.00% First year applied: 2000 ,I 7 U Page 6 APPENDIX II I' City of Mounds View. Minnesota `• S6,CiZ,000 Taxtble G.O. Tax Increment Bonds Everest DealOpsen..td. Prepared Oeceaber 8, 1987_ By SPRIMGSTED Incorporated _ Dated: 2- 1.1988 mature: 2- 1 Total Capital- mat Tax Principal teed Levy 305% Increment Year of Year of Levy mat. Principal Rates Interest 8 Interest Interest Required of Total Income (1) (2) (3) (4) (5) (6) (7) (a) (9) 110) U 0 C 1981 1989 0 O.00X 620,500 620,500 625.000 000 0 0 0 1986 1990 0 0,00% 620.500 620,500 <a5,000 219.500 230,175 255,522 IS89 1991 0 0.00% 620.500 620,500 , - 1990 1997. 25,000 9.25% 620,500 665.SC0 0 868.189 9I1, 591 0 645.500 677,775 906906,893 893 1991 1993 250.000 9.50% 618.183 d68,188 0 894./38 939.167 925,506 1992 1994 300.000 9.65% 59/,438 894,43: 0 690.408 935.012 944.674 . 1993 1995 325,000 9.80% 565-488 890,488 0 908.638 954.070 964.133 )4 1996 375,000 10.00% 533,638 908.638 0 908.638 954.070 983.981 1995 1997 450,000 10.10% 495.138 S46.138 0 946,135 993,445 1.004,227 1996 1998 500.000 10.25% 4SO.688 950.688 0 950,688 :.998.222 1.02/,877 1997 1999 575.000 10.25% 399.438 74.438 0 974,438 1.023,160 1,045,940 1998 2000 650,000 10.50% 340,500 990.500 0 1, 022,250 1.040.025 1,C51,425 1999 2001 750,000 10.50% 193.500 1.043,500 0 1.043.500 1,095.675 1.089,339 2000 2002 850,060 10.75% 197.500 l,Od',500 0 1,052,125 1,104,731 1,111.591 2001 2003 950,000 10.75% 102,•. L0' .IZS TOTALS: 6.000,000 1,048.391 13,048,391 1.651.000 11.406.391 11,976,710 11,916,725 Bond Years: 61.500.00 Annual Interest: 7.048391 Avg. Maturity: 11.25 Plus Discount: 7,138.391 90,000 Avg, Annual Rate: 10.442% Met Interest: %.:.C. P.:tc: 10.57q% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid mey also vary. Annual Cim l&tive Surplus Soirlus llU (12) 4,560 4,500 4.S00 9,000. 25,041 34,047 --' 0 I8,700 --' 0 13.996 9.662 - 30, OBI 10,063 20.157--''- '.0 10,693 1.717 18,415 5,915 24330 7,1 0 18:392 0- 12.056 7 6,610- 19,016 Page 7 APPENDIX III OFFICIAL TERMS OF OFFERING $6r000,0DO CITY OF MOUNDS VIEW, MINNESOTA TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A Sealed bids for the Bonds will be opened by the City on Monday, January II, 1988, at 11%00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award )f the Bonds will be by the City Council at 7.00 P.M., Central Time, of the some day. DETAILS OF THE BONDS The Bonds will La dated February I, 1988, as the date of original issue, and will bear interest payable on February I and August I of each year, commencing August I, 1988. Interest will be computed upon the basis of a 360-day year of twelve 30-day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of 95,000 each, or in integroi multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Reg;atrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th day of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: 1 25,000 1992 $$325,000 1995 16500000 500,000 1998 000 250,000 1993 375,000 19% 575,000 1999 18750 50:000 300,000 1994 1450,000 1997 2000 950,000 OPTIONAL REDEMPTION 2001 200i 200 The City may elect on February I, 1996, and on any interest payn.ent date thereafter, to prepay Bonds due on or after February I, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Ponds having a commas maturity date are called for prepay :, .nt the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and occnied interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledg_ tax increment revenues aenerated within the City's Tax Increment Redevpinnment District No. 1. The proceeds will be used to finance eligible project costs within the City's Development District No. 2. TAXABILITY OF INTEREST The interest to be paid on the Bonds is includable in gross income of the recipient for the United States and State of Minnesota income tax purposes, and is subject to Minnesota Corporate and bank excise taxes measured by net income. TYPE OF BID ¢g � A sealed bid for not less than $5,910,000 and accrued interest on the total principal amount of t&d Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to Page 8 ` the time set for bid opening, a certified or cashier's check in the amount of $60,000, payable to the order of the City, shall have been filed with the undersigned or Springsted Incorporated, the City's ,.Financial Advisor. No bid will be considered for which said check has not been filed. The check of he Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be witharawn af;er the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower Chun any prior rate. Bonds of the some maturity shall bear a single rate from the dote of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: 0) waive non -substantive informalities of any bid or of matters r reiating to the receipt of bids and award of the Bonds, (ii) reject all yids without cause, and,vn:::',, reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicuble SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS lef the Bands qualify for assignment of CUSIP numbers such numbers will be printed on the dcnds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. r SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without crst to the Purchaser at a place mutually satisfactory to the City and the Purch-sor. Delivcry will be subject to receipt by the Purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a'no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or Its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser wiil be provided with 50 copies of the Official Statement. Dated December 14, 1987 BY ORDER OF THE CITY COUNCIL /s/ Donald F. Pouley Clerk -Administrator Page 9 MEMO TO: MAYOR AND CITY COUNCIIIL�T�/�/,/��� FROM: CLERK -ADMINISTRATOR' \/ DATE: DECEMBER 9, 1987 SUBJECT: GREENFIELD ESTATES As requested the following is a listing of the exact steps that should be followed by the City Council should it be your desire to deny the original preliminary plat for Greenfield Estates. 1. The first motion should be to deny the wetlands alteration permit on the following grounds, a. The Corps of Engineers has rescinded their original permit for this plat. b. The plat does not accurately reflect the wet- lands boundaries as determined by our - consultants and the Corps of Engineers. c. The wetland, after development, would not meet the phosphorcus stripping requirement of the wetlands ordinance, specifically 48.06, Subdivision ?, A, 2. d. The lot size and frontage for the development does not meet the minimum lot size and frontage requirements of Chapter 48, specifically 48.05, Subdivision 5, A and B. 2. After denying the wetlands alteration permit the approval of the preliminary plat of the subdivision should be denied. Should you have any questions regarding this matter, prior to or during the Council meeting, please let me know. DFP/mjs MEMO T0: MAYOR AND CITY COUNCIL ^ FROM: CLERK -ADMINISTRATOR DATE: DECEMBER 9, 1987 SUBJECT: GREENFIELD ESTATES Attached please find a memorandum from Chairman Bill Downing of the Ramsey County Soil and Conservation District regarding a presentation made to them by Mr. Sabri Ayaz on November 16, 1987. At this presentation Mr. Ayaz used edited portions of Mounds View City Council video tapes where Jim Senden stated that the District had approved the Greenfield Estates development. Mr. Downing indicates in his letter that at no time did the District approve the development. It should be pointed out that at no time d,d City staff indicate that the development had been approved by the District but did point out that the wetland had been reviewed by s_ I members of the District as has been our past practice. It would appear that Mr. Downing's letter simply clarifies the position of the District and in no way changes the facts as they exist and as they were known by the City prior to Mr. Ayaz's meeting with them on the 16th of November. DFP/mjs Attachment: RAMSEY SOIL AND WATER CONSERVATION DISTRICT MINNESOTA SOIL AND WATER CONSERVATION DISTRICTS December 7., 19B7 To: Don Pauley, City of Mounds Vicw Administrator SUBJECT: Greenfield Estates Development Town and Cawnhy Bank IB77 Norsk Sant W It r At its November !6, 1987 meeting, the Ramscy District Board reviewed a video tape prepared by Mr. Sabri Ayaz of 7751 Bona Road, Mounds View, MN. This video was a romposite of several public meetings in which the Greenfield Estates Development was. discussed. Our Board, having viewed this tape, believes that we have been misrepresented by the developer's spokesman, Mr. Senden. We wish Lo set the record straight. To dote. the District Board has not received an official request by the City of Mounds View to comment on the proposed development. We, therefore, have never taken -i position on this issue. our staff rep^-ts, hcwever, that several requests have been made by City personnel to review Lite many renditions of wetland boundaries associated with the development LayouL. If it would be helpful to the City, a representative of the District Board would be happy to meet with City staff and/or Council to clear up this issue. Please contact us if we can be of any assistance. Sincerely, Billk Downing, •chairman � BD: lit cc: Sabri Ayaz Commissioner Duane W. McCarty C AN EQUAL OPPORTUNITY EMPLOYER .®use RESOLUTION NO. 2268 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING BUDGET TRANSFERS FOR 1987 SALARY ADJUSTMENTS WHEREAS, Resolution No. 2172 established 1987 salaries for non -union personnel; and WHEREAS, Resolution NO. 2211 was adopted to bring the City's compensation program into conformance with the Comparable Worth Act of 1984; and WHEREAS, the 1987 General Fund Budget provided for salary adjustments for non -union personnel; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the budget transf.;rs for the 1987 General Fund, Water Fund and Sewer Fund Budgets be hereby authorized: GENERAL FUND FROM 1987 Budget 100-120-4970 Salary Adjustments 59,187 100-120 Administration 4010 Salaries 4030 Pensions 4050 Workers Como. 100-150 Finance 4010 Salaries 4030 Pensions 4050 Workers Comp. 100-180 Public Works 4010 Salaries 4030 Pensions 4050 Workers Comp. 100-190 City Hall 4010 Salaries 4030 Pensions 4050 Workers Comp. 1987 Ammend- lmmended ments Budget (44,978) 14,209 TO 40,932 6,671 4,666 767 150 24 65,384 10,175 7.454 11170 240 37 73,670 4,360 7,273 501 2,402 142 13,000 3,453 1,482 40 52 14 47,603 5,433 174 75,559 8,624 277 78,030 7,774 2,544 16,453 1,522 66 RESOLUTION N0. 2268 PAGE TWO OF THREE 1987 1987 Ammend- Ammended gudoet ments Budget 100-200 Police 435,295 22,905 458,200 4010 salaries 4,500 180 4,680 _. 4011 Overtime 53,110 2,788 55,898 4030 Pensions 23,4Q5 1,233 24,728 4050 Workers Comp. - 100-230 Civil Defense 22,711 1,430 24,141 '- 4010 Salaries 2,589 164 2,753 rra 4030 Pensions 83 5 gg 4050 Workers Comp. 100-260 Maintenance Garage 2a;53G 732 25,268 4010 Salaries 405 24 429 4011 Overtime 2,832 87 2,919 4030 Pensions 1,237 38 1,275 4050 Workers Comp. - yJ1 100-270 Streets 24,488 730 25,218 4010 Salaries 1,156 39 1,195 4011 Overtime 2 918 gg 3,006 4030 Pensions a20 28 948 `s 4050 Workers Comp. - 100-350 Recreation 89,797 (12,501) 77,296 3 4010 Salaries 10,602 ( 1,438) 9,164 *• 4030 Pensions 4,924 ( 685) 4,239 4050 Workers Comp, 100-360 Pat''rs 48,880 1,456 50,336 4010 Salaries 1,763 52 1,815 4011 Overtime 5,885 173 6,058 4030 Pensions 3,211 96 3,307 4050 Workers Comp. TOTAL GENERAL FUND 982,042 44,978 1,027,020 WATER FUND FROM 100-121-4910 Contingency 15,000 ( 5,185) 9;81.5 f TO 700-120 Water Administration 3C,254 3,028 35,282 4010 Salaries 3,597 337 3,934 4030 Pensions 927 87 1,014 4050 Workers Comp. C RESOLUTION NO. 2268 PAGE THREE, OF THREE 700-121 Water Operations 4010 Salaries 4011 Overtime 4030 Persions 4050 V7orl-ers Comp. TOTAL WATER FUND 730-121-4910 Contingency 1987 Budget 48,976 1,156 5,820 2,074 94,804 SEWER FUND FROM 15,000 TO 730-120 Sewer Administration 32,25: 4010 Salaries 3,596 4030 Pension g26 4050 Workers Comp. 730-121 Sewer Operations 49,120 4010 Salaries 1,156 40i1 Overtime 5,789 4030 Pensions 5,449 4050 Workers Comp. TOTAL SEWER FUND 98,290 1987 Ammend- Ammende6 ments- Budget 1,460 50,436 39 1,195 172 5,992 62 2,136 5,185 99,989 (5,289) 9,711 3,028 35,282 337 3,933 67 1,013 1,466 50,386 39 1,195 169 5,958 163 5,612 5,289 103,579 TOTAL ALL FUNDS 1,175,136 55,452 1,230,588 Adopted this 14th day of December, 1987. ATTEST: Jerome W. Lin e, Mayor (SEAL) Donald F. Pauley, Clerk -Administrator Jam/'" //� •,:., RESOLUTION NO. 2269 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING EXTENSION CF A CONDITIONAL USE PERMIT FOR KUNZ OIL COMPANY, 2901 HIGHWAY 10 WHEREAS, Kunz Oil Company has petitioned for an extension of its conditional use permit at 2901 Highway 10 in the City of Mounds View; and WHEREAS, Staff and Planning Commission have reviewed the redevelopment proposal and recommend approval; and WHEREAS, the Planning Commission has reviewed the issue of landscaping for the redevelopment of the Kunz gas station; and ; WHEREAS, Kunz Oil Company has submitted drawings and applied for a building permit thus showing intent to carry out the project; and WHEREAS, the project is in conformance with all with all applicable Municipal Codes. NOW, THEREFORE, GE IT RESOLVED that the Mounds View City Council approves a conditional use permit extension valid for one year from the date of approval. Adopted this 14th day of December, 1987. ATTEST: Mayor 4 (SEAL) Clerk -Administrator ,.r, (q ORDINANCE NO. 431 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 40 ENTITLED, "'ZONING" The Council of the City of Mounds View does hereby ordain: SECTION I. Chapter 40.02, Rules and Definitions, Subd. B, is amended by adding the following: (24) Delicatessen. An establishment which serves prepared food such as cooked meats, sandwiches, or salads or other food items which do not require kitchen facilities for preparation with the exception of conventional and microwave ovens. The majority of the business would be as carry -out with the maximum amount of seating allowed on premises being 24 seats. SECTION II. This ordinance shall take effect thirt• (30) days after the date of its publication. Read by the Council of the City of Mounds View on cais day of 1987. Passed by the Council of the City of Mounds View this day of 1987. ATTEST: (SEAL) Mayor C er -Adman strator NEWSLETTER December 14, 1987 City of Mounds View Volume VII Number.18 MOUNDS VIEW BUSINESS PARK PROPERTY CONDEMNATION As a result of the unwillingness to Meets. Wasta and Underdahl to accept the City's offering price for purchase of their lands needed to complete the Mounds View Business Park, City Attorney Richard Meyers has commenced condemna- tion proceedings against Mr. Waste and Associate City Attorney Karney on Mr. Underdahl's property. It is our hope that the City will able to accomplish acquisition of these properties through a quick take process that will allow our acquisition to the title of this property at the earliest possible date. COUNTY ROAD I RECONSTRUCTION As you know, the basic work for the reconstruction of County Road I has been completed for this construction season. The traffic signal at Quincy and I will be operational in the very near future and the storm water pond and control structures are being completed at this time. Cl Installation of signage including stop signs, speed limit signs, and traffic control signs are being installed at this time by the County. It is our hope that the temporary asphalt surface will withstand the winter weather wear and we will not. experience any significant traffic problems along this section of road during the winter of 1988. Work is scheduled to recommence at the earliest �ossible date in the spring of 1988 beginning with the finishing of paying. POL_TCE CONTRACT NEGOTIATIONS Negotiations have commenced with T9amsters Local No. 320 representing the Mounds View Police Department patrol officers pursuant to direction approved by the City Council at a recent Executive Session. ThE first negotiations were construction in nature and it is the hope of Police Chief Ramacher and myself that these negotiations will quickly progress to a settlement. ' CIVIL DEFENSE SIRENS The radio activation equipment installed on the Mounds View Civil Defense Sirens has been tested on a daily basis for the last thirty days and been determined to be fully operational and satisfactory pursuant to the performance standards outlined in the specifications for the equipment. Approval of final payment for th, =quipment will be requested of the City Cou..cil at cembec 28th meeting. ADMINISTRATIVE NEWSLETTER PAGE TWO DECEMBER 14, 1987 RAMSEY COUNTY CONSORTIUM OF MUNICIPALITIES The Ramsey County Consortium of municipalities organized in the late 1970's to provide several suburban Ramsey County _ municipalities with computer services was recently dissolved by the remaining members of the organization, namely White Bear Lake and Mounds View. The dissolution of this organization was determined to be appropriate due to the fact that Mounds View no longer requires the services of the consortium and the only organization currently using the consortium, White Bear Lake, will be discontinuing use of - the Ramsey County computer system within the next year. The City of Mounds View will have no further financial obliga- tions related to the consortium and has agreed to the storage of all consortium records for the next five years should access to these records be required by any of the members for financial or other purposes. STREETLIGHT REPAIRS On numerous occassions you have pointed out to me that streetlights are in need of repair throughout the City of Mounds View. I have been advised by Police Chief Ramacher that off;,.nr mirhaej Kampa has been assigned the duty to maintain a record of all non -operating streetlights in the City and turn over to City Receptionist Carol Rasmussen on a regular basis a list of non -working lights. At that time Carol calls NSP with this list and requests the repairs be accomplished at the earliest possible date. Should you wish t to report any non -operating lights you may do so by either contacting Carol Rasmussen or calling NSP at 221-4411. CALENDAR December 14 7:00 p.m. Council Meeting December 15 9:00 a.m. Dept. Head Mtg. 10:00 a.m. Del Jones December 15 pIPY.I.INE SAFETY ADVISORY COUNCIL December 18 1:00 p.m Norm Vinnes December 21 7:00 p.m. Agenda Session December 22 9:00 a.m. Dept. Head Mtg. December 24 NOON City Offices Closed for Christmas Holiday December 25 CHRISTMAS DAY HOLIDAY 4 ' MEMO TO: Clerk -Administrator FROM: City Planner Herman DATE: November 2, 1987 SUBJECT: COMMUNITY SURVEY Various communities within Ramsey and Hennepin Counties have in the past or are currently conducting community surveys. The information gathered from these surveys is o upon the questions asked. All communities f course dependent interviewed stressed questionnaire the importance rrking with the consultants to develop the use. so thaof wot the survey fulfills the City's intended The following is a list of firms that have been used by cities or agencies we have contacted. All firms were highly recommended for their sensitivity statistical analysis oto the community's needs and for their f data: 1• Colle MCVoy Advertising Agencv, Inc. 7900 International Drive Bloomington, eiiv 851-2500 2• Norma Fredricks 920 Butler Square Minneapolis, MN 55403 333-5385 3. Anderson, Neibuhr Associates, Inc. 1885 University Avenue St. Paul, MN 645-5577 4, Decision Fesources, Ltd. 3128 Dean Court Minneapolis, MN 920-0337 5, MN Center for Survey Research University of Minnesota 2122 Riverside Avenue Minneapolis, MN 55454-1320 627-4282 While these firm names were stated, there was consensus that many consumer marketing firms would be able ® Mounds View is interested in. to do the type of work Questions still to bA resolved are: What type of survey is the City interest in? The original intent was for the survey to be conducted by phone which generally attains a higher response rate. But the Minnesota Social Research Center is in L:,e process of conducting a mail survey for the City of White Bear Lake which received a 71% response rate. This survey was a random sample, within 4% degrae of accuracy and developed a large enough sample to analyze the data both by City ward and total City. The benefits to a mail survey in general is the cost which is usually cheaper than either a phone survey or door to door survey. The firm of Anderson, Neibuhr Associates, conducted both a phone and mail survey. Residents of the community ^f St. Louis Park received a mail survey whila a phone survey was used to interview the local businesses. -c ;nfnrmation would the City like to be While the actual questions to be included in the survey will be decitled later, it •.-iould be good to have a general idea of the types of questions the City wants tc ask its residents. Are we only interested in the home owners of the community or do we wish to survey the renters and businesses located in Mounds View? Do we want to ask all three groups — homeowners, renters and businesses, the same questions? Some communities tried to discern what were the strengths and weaknesses in providing and distributing City services. Other cities concentrated on the possible expansion of services dependent upon the residents willingness to pay. Still other surveys targeted a few key issues that had arisen within the community. A generalized idea of the scope of the survey will be needed to accurately portray the city's needs when developing the RFP. Based upon comments received by 6he City Council at the November 16 agenda session, Staff proposes to develop an RFP to send out to listed companies. RJH/bac CITY OF MOUNDS VIEW CITY COUNCIL AGENDA SESSION DECEMBER 21, 1987 7:OO,P.M. 1. Consideration of Staff Memorandum Regarding Purchase of Two Police Vehicles Reardin 2, Consideration OdasaNewton�r8319mGrov9 of elandRoad dfor o�al Use Oversized Accessory Building 3, Consideration of Staff Memorandum Regarding Minor Subdivision for Alphonse Petron, 2909 Woodale 4, Consideration of Staff Memorandum Regarding Recycling Program for City of Mounds View Regarding Wetlands :,ideration of Staff Memorandum Reg Hers Proposal 5, Inv Dynamic Designers Investigation as Relat ed to y g. Consideration of Sta,�i Memorandum Regarding Public !corks Callout 7, Consideration of Staff Memorandum Regarding Meeting with Mounds View School Boaru g, Consideration of Staff Memorandum Regarding Metropolitan Airports Commission 1988-89 Capital Improvements Program g, Consideration of Staff Memorandum Regarding Ordinance 434 Amending Chapter 1 Entitled, "General Provisions of Code" 10. Consideration of Staff Memorandum Regarding Budget Transfer Request PROCEEDINGS OF THE CITY COUNCIL I* f . CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA f/ Regular Meeting December 14, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 -------------------------------------------------------------------------- The Mounds View City Council was called to order by 1. Call to Mayor Linke at 7:04 PM on Monday, December 14, 1987. Order The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Blanchard, Wuori, 3. Roll Call Quick and Mayor Links. It was noted Councilmember Hankner was absent on vacation. ALSO PRESENT: City Attorney Meyers and Clerk/ Administrator Pauley Mary Bradley, of the Pinewood School. Playground 4. Presentation _ "Buy Committee, updated the Council on the progress they of -A - have made in the design and beginning fund-raising Board" Program. for the playground at Pinewood, and she introduced by Pinewood three student representatives from the children's School Play-''' Committe committee. Ms. Bradley presented a sketch of the ground planned playground which had been received from and Considera-, the architect and she invited the Mounds View Park tion of Rslt. and Rec Commission to make any suggestions they No. 2271 might have to the Committee. Ms. Bradley stated they are recruiting volunteers at this time, and have 85 percent of the required number so far. She explained the .ralue of the playground will be $120,000 to $140,000 when it is completed, and they hope to cut up to 2/3rds of the cost by usi,.g v^'-+y^.te" labor, and they hope that donated materials will reduce the cost even more. - Ms. Bradley and the student representatives reviewed the fund raising ideas that have been approved so far, and they presented the Council with a penny jug, which will be left on the counter at City Hall. Clerk/Administrator Pauley read proposed Resolution No. 2271. Mounds View y Council I! December 14, Page Two Reular MeetingURI "j1 ED ------------------------------------- Motion/Second: Wuori/Quick to approve Resolution No. 2271, supporting the efforts of the Pinewood School Playground Committee. 4 ayes 0 nays Motion Carried Clerk/Administrator Pauley read three amendments 5. Approval of Councilmember Hankner had asked be made to the Minutes: minutes of November 23. November 23, 1987 Motion/Second: Blanchard/Quick to approve the November 23, 1987 minutes as amended. 4 ayes 0 nays :lotion Carried Pat Rickaby, 8343 Groveland Road, read a list of 6. Residents comments and concerns regarding the drainage ditch Requests and that was cleaned in the area of the proposed Harstad Comments from development, and asked whether a cost benefit study the Floor had been done prior to that work. She also asked if anything had been done to find the file of comments from the Planning Commission regarding sections of the City Code to be worked on, which had been left with Steve Thatcher when he worked for tha pity, but hadnot been located since he had left. �i-;-• Mayor Linke explained the dit ,_in question is the final outlet that serves 200 acres of the drainage basin, and if the ditch was filled, there would be massive drainage problems in the area. He added that the Rice Creek Watershed District had agreed the ditch needed to be cleaned, and it was difficult to determine a cost benefit, and if it was not cleaned, what that damage cost would b3. He stated he felt the sum spent to clean the ditch was small and helped the whole drainage area. Mayor Linke stated that the Council had not heard about the missing documents, but he added that in any business documents do get lost, and the City has implemented policies to have better control over documents at City Hall. He added it is time to let bygones be bygones. Steve Thatcher stated that when he left, the files on comprehensive land use and rezoning were left in both the left and right drawers of his desk. Mayor Linke noted there has been a four to five month period betwoen Mr. Thatcher's employment with the City and the hiring of Ms. Herman, and that many people were in that office during the interim. Mounds View City Council Regular Meeting ------------------------- Clerk/Administrator Pauley read the items on the proposed consent agenda. Motion/Second: Wuori/Blanchard to approve the consent agenda, as presented, and waive the reading of the r=solutions. 4 ayes 0-nays Clerk/Administrator Pauley presented an overhead a projection of the proposed project, and he gave brief history of the negotiations the City had been doing with the developer over the preceeding two years. He added that everything is in order now and outlined the steps for the Council to follow to approve the project: Motion/Second: Quick/Wuori to approve the contract for private redevelopment for the Mounds View Business Park. 4 ayes C nu; s Motion/Second: Blanchard/quick to approve no.,atnnment Agreement No. 57-81, for the Mounds View Business Park. 4 ayes 0 nays Motion/Second: Wuori/Quick to approve Resolution No. 2273, providing the issuance and public sale of $6,000,000 taxable general obligation tax increment bonds, Series 1988A, of the City of Mounds View, Minnesota, and waive the reading. 4 ayes 0 nays motion/second: n/Second: Quick/B1anYOJentstable theconsideration View of the bids for public imp Business Park to January 11, 1987. 4 ayes 0 nays Clerk/Administrator Pauley reported Councilmember Hankner had requested that a statement be read into the minutes, in her absence, regarding the wetlands lat for Greenfield alteration permit and preliminary p Estates, and he read the statement: "Although I am not able to be in attendance, 1 want it noted in the minutes that I would vote "no" on the Greenfield Estates project. After much study and review by Barr Engineering I have been presented with information or evidence that indicates that the December 14, 1987 Page Three 7. Approval of Consent Agenda Motion Carried 8. Consideration. of Final Actions on Mounds View Business Park Motion Carried lotion Carried Motion Carried Motion Carried 9. Consideration of iletland Alteration Permit and Preliminary Plat for Greenfield Estates l'-- - �December 14, 1987 Mounds View City Council UNAi i & page Four Regular Meeting -------------------------------------- ----••--------------------------- proposal. is not in compliance with the City's the wetland is Wetland ordinance. The boundary of the developer's plat. of great not accurate on concern to me is the fact that the Army importance and Corp of Engineers permit has been rescinded. Given these concerns and other questions raisedapproveyBarr,this Council can possibly don't think that the proposal -as it is before us today. I urge other "no"." members of this Council to vote Jim Senden, representing the Harstad Company on the the histpry of the Greenfield Estates project, reviewed stating they have granted project over the past year, vember 16, City extensions twiceesentedand taaverbalt on oreport the the City's consultant p-- the Harstad Company regarding the project and requesting and make changes to the to do additional studies preliminary plat. He stated this was done, as and was requested, at a cost to the Harstad Company, December 4. lie further presented to the City on December 7, the Council considered the stated that on revised documents and decided additional time was time, Barr needed to study the changes, and at that report, and the Council Engineering presented a partial. Harstad Company agreed, that more time felt then, and to study some of the changes. was needed Mr. Senden stated they acknowledge that some of the madein the changes were necessary due to some errors he requested original calculations, and time for the City to consider the new extension of stating that it should be presented and the material, fully considered before any action is taken on matter. Mr. Senden reviewed some of the changes that had been the ditch on the made, and he discussed the impact of they do not need an outlet or ditch property, stating City an ey for cleaned. accessleasementpsonthatuthehditchdcouldwbehe Mr. Senden explained that one of the items Barr had requested be don(! was to have the area �estaked, which was ane,aof thethe devalopment restaking, it was decided some of the boundries which would would have to be moved in some areas, He reviewed those changes then change the layou,. made, due to both the recon- that were subsequently figuration and to meet requests of the area residents. A and B He stated they are still proposing outlots their variance request. be deeded to the City to offset F , Mounds View City Council J Regular Meeting__________ i Ap Mr. Senden stated one of the items Barr had requests additional information on was the phosphorous stripping capacity of the wetland. Steve Thatcher, of Merrill and Associates, presented the Council with a report detailing the phosphorous production and phosphorous stripping capacity of the wetland, and he made a lengthy presentation of the data in the report. Mr. Senden stated that in view of the extensive data they have presented, they would like the City to submit it to Barr Engineering for their analysis, and he added they would also like Barr to submit a full report, in writing, as was asked for by the Council originally. He stated that when Harstad Company had agreed to the two extensions, it was with the understanding that Barr would be lcoking into the concerns expressed by the citizens and Staff, and they would now like an opportunity to review Barr's findings, and have the benefit of an independent consultants review. Mr. Senden requested the Council review aA consider the new data, all the changes the developer has made so far, and the Barr Engineering report, before making any decision. He added he would also like additional time to study the Barr report, as well as their responses to what Harstad Company has done to meet their requests. Mr.. Senden asked for a 30 day extension of time, as a period during which Staff and the consultants could review the additional infer «ation. Mayor Linke clarified the second extension was asked for so that the Council could add-ess the project and take action at a regular meeting, which would be cable cast, and have minutes taken. He also stated that while Harstad Company has said they would give wetland in exchange for the requested variance, Chapter 48.05, Subd. 4 states the developer is required to give an easement, and he read from the Chapter. Mr. Senden explained they would give a warrantee deed rather than an easement. Mayor Linke stated that while Mr. Senden has requested a 30 day time extension, the Council would need closer to 60 to 90 days to review all the new information, considering the upcoming holidays and schedule. He added there is a great deal of data to review, and the plan has changed considerably over what was originally presented. December 14, 1987 Page Five Mounds View City Council Regular Meeting r% Dec U� 4Y�rY �i_H �i_ SJ - "agemb�X-14,-1987 Councilmember Blanchard stated she was very opposed to another extension, as they have told the citizens that a decision would be made this evening on the preliminary plat. She further stated she agreed with Mayor Linke that a 30 day extension was not enough time to review all the new data submitted, and she charges made. She added that Barr Engineering was very rushed to do their initial report in 45 days. Councilmembers Quick and Wuori stated they both agreed with the comments made by Mayor Linke and Councilmember Blanchard. Council.member Blanchard asked Mr. Senden if the Army Corps of Engineers had rescinded their approval. Mr. Senden replied they had, however, they should be able to grant a new approval within 20 days. He also pointed out to the Council that very few preliminary plats are submitted that do not change a great deal, and that it is a working process to get everything in order. He also pointed out the final plat can change. Mr. Senden stated that Barr Engineering has all the data, so it should not take them long to submit their findings in writing. mayor Links pointed out the preliminary plat has changed considerably and would requiie time to look at all the changes. Mr. Sender stated Barr is familiar with the new plat, and most of the changes were based on recommendations they had made. He added there is no reason to cut this off before everything has been reviewed. Jim Sandidge, 7817 Bona Road, stated none of the citizens have had an opportunity to review the changes made, and he recommended the developer submit a com- pletely new proposal. He emphasized how this proposed development will impact where they live, and the City itself, and he read a letter received by Mr. Ayaz from the Ramsey Soil and Water Conservation District, stating they believe they have been misrepresented by the developer, and they have never taken a position or given an approval to this development. Mr. Senden explained their contact with the Ramsey Soil and Water Conservation District had been on -site, where they agreed to the staking of the boundries by the Corps of Engineering, and nothing had been submitted to them as their approval was not reglired. r' Mayor Linke read a memo from Clerk/Administrator Pauley V to the Council, dated December 9, regarding the letter from the Ramsey County Soil and Water Conservation District. Mounds View City Council - ,_, ,. December 14, 1987 Regular Meeting y �tl� 1�. �. 4 j;, ,,' r .�`, Page Seven --------------- i�Ij 4i g e it _U : - --------------------- ^Councilmember Blanchard reiterated that she feels there have been substantial changes made to the plat. Mr. Senden asked that the Council be aware the development must take place in winter, when the ground is frozen, and if they are required to start over with the Planning Commission, they will miss a full season of development, and it would be a substantial hardship for the developer, and would deny him the right to develop his property. He pointed out they have responded to all the City's requests, and have spent a good deal of money doing so, and any changes made have actually enhanced their proposal. He stated the Council owes it to the developer to consider what they have done, especially since the Council asked them to do it. Mayor Linke explained there are certain things that cannot be done within the wetland ordinance, and it is up to the Council to decide if what the developer plans on doing goes along with the ordinance, and in order to do that, they have asked for assistance from an outside consultant. He added he can understand the time constraints, but the Council does not want to be hasty or make any bad decisions just for the sake of expediency. He stated there have been major changes, and while many were suggested by Staff or the consultant, they must still take the time to review them and make sure they meet the Code. Motion/Second: Blanchard/Wuori to deny the preliminary plat and wetlands alteration permit for Greenfield Estates, based upon the following grounds, that the Corps of Engineers has rescinded their original permit for the plat, that the plat does not accurately reflect the wetlands boundaries as determined by the consultants and the Corps of Engineers, that the wetland, after development, would not meet the phosphorous stripping reauiremeat of the wetlands ordinance, specifically 48.06, Subl.. 3,A,2, and the .lot size and frontage for the development does not meet the minimum lot size and frontage requirements of Chapter 48, specifically 48.05, Subdi. 5, A and B. Also, the proposed amendment of the plat, as submitted by the developer, is in the opinion of the Council, to have substantial changes in the plat because the number of lots have changed, the wetland boundaries have been altered, and the addition or change in the size and location of the holding ponds. 4 ayes 0 nays Motion Carried VEOilecember 14, 1987 Mounds View City Council Regular Meeting ---------------------------------------------------.` Page Eight g ---------------- Councilmember Wuori stated that due to the substantial changes that had been made to the preliminary plat, to back to square one. felt it was a much simpler way go information is very technical, and the She added the Council is not engineers, and they need to call on experts for their opinion. Mayor Linke stated the Council is not denying the use and a of the land, but they are caught between a rock look at the hard spot, and they need to start over and that when it is presented again, new information, so everything should go through smoother and faster, and the ordinance requirements will be met. Councilmember Quick stated he agreed with the comments Linke, and he made by Councilmember Wuori and Mayor deny the prelimir felt the Council must yplattonight and allow the developer to come back with proposal. Motion/Second: Quick/Blanchard to remove this item 10. Remove from Table and from the table. Consideratin of Sewer and 4 ayes 0 nays Water Coac- tors Li.c 3-It for Schul ea; Plumbing Motion Carried Mayor Linke explained this item was removed from the was consent agenda at the November 23 meeting, and discussed at the last agenda session. Motion/Second: Quick/Blanchard to deny the sewer and water contractors license renewal for Schulties Plumbing. Motion Failed 2 ayes 2 naps Councilmember Wuori and Mayor Linke voted against the motion. City attorney Meyers advised that as the motion dial it had failed, and if a not have a majority vote, was to be granted, that motion would license renewal also need a majority vote. Councilmember Quick stated he had had previous experience with this contractor, which was very feel he should be allowed negative, and he does not to do business in the City. Mayor Linke noted no other .omplaints have been received December 14, 1987 Mounds View City Council g� Page Nine Regular Meeting ��q tav�-pOed -- ------------ Mayor Links stated no other complaints ha den at City Hall regarding Schulties Plumbing. Clerk/Administrator Pauley reported the Better Business Bureau did not have a record of complaints on file either. Councilmember Wuori stated it is very important for citizens to let City Hall and the Better Business Bureau know when there is a problem with contractors, as that input will be considered in granting licenses. Motion/Second: Linke/Wuori to grant a license to Schulties Plumbing for sewer and water contracting, Motion Carried 3 ayes 1 nay Councilmember Quick voted against the motion. Clerk/Administrator Pauley reviewed proposed Resolu-; 11. Approval of tion No. 2268, which would authorize the budget Resolution es 2268 transfer for 1987 salary adiustments, explained it was necessitated by Comparable Worth, and this resolution would be formal action to bring the books into balance. Motion/Second: Quick/Wuori to approve Resolution No. 2268, authorizing budget transfers for 1987 salary adjustments, and waive the reading. , Motion Carried` 4 ayes 0 nays Mayor Linke,ptated it is about time the City finishes ,Comparable I-7orth, and now tnat the City is in compliance, everything should go smoothly - Planner Herman reported Kunz Oil Company received a 12. Approval of conditional use permit in 1985 for redevelopment Resolution of their property at 2901 Highway 10, and the time No. 2269 has run out for that permit, so they have requested an extension. She explained they appeared before the Planning Commission to request a one year extension, and they have made changes to their plan, mainly in up:rading the landscaping, and the Planning Commission recommends approval of a one year extension. She noted that and Staff re the proposed complies with the zoning code commends approval. Councilmember Wuori clarified that the sign will be on a pole, and not mounted above the canopy, as shown it_ tse picture presented. The representative from Kunz Oil Company assured the Council the signs would be on poles, and the pictures were merely to show what the signs would look like. Mounds View City Council p pr r n Regular Meeting --------------------------- UI V 'VE-D-- Motion/Second: Blanchard/Wuori to approve Resolution No. 2269, approving the extension of a conditional use permit for Kunz Oil Company, 2 and waive the reading. 901 Highway 10 i 4 ayes 0 nays Mayor Links noted the removal of the 6' fence and additional landscaping and the addition of a 4' fenc- is a much better plan. Councilmember Quick stated he was also happy with the changes in the plan. Clerk/Adcinistrator Paulev explained the remaining sections of pipeline which were removed after the explosion on Long Lake Road in July of 1986 have been returned to the City, and are being kept by Twin City Testing, who has requested the City enter into an agreement to rent storage space at a cost of $240 per month. He stated Attorney Meyers has reviewed the agreement and found it acceptable. He also noted sectionsltoethe PubliceWorksagarboxes oOf Pipeline read that is y and secure, sometime after the first of the year. Motio^ r�/SE�on Quick/Blanchard to approve the agree- ment between-Twin n Cityi Testing and the City of Mounds View for storage of Per month. Pipe sections at a cost of $290 4 ayes 0 nays in Clerk/Administrator Pauley stated the pipe is evidence and tit he is citylscseagainst Williams Pipeline Company, imperativey keep it secure. Clerk/Administrator Pauley explained the purpose of the proposed ordinance is to include the difference in the zoning code between a delicatessen and restaurant. Attorney Meyers advised a 4/5ths vote of the entire Council haveto vote eine£avor oflthe uordinance ineorder `�told pass it. MoMotio�econd: Quick/Wuori to have tha second reading and adoption of ordinance No. 431, amending the municipal code of Mounds View by amending Chapter 40 entitled "Zoning", and waive the reading. December 14, 1987 Page Ten Motion 13. Approval of Agreement Between Twin City Testing and City of Mounds -view for Storage of-1 Pipe Sections ==: Motion Carried 14. Second Reading and Adoption of Ordinance No, 431 December 14, 1987 Mounds View City Council 1 {^� } �p D!a Regular Meeting ,f , �_'L4 ge Eleven ---------------------1.J Councilmember Blanchard - aye Councilmember Wuori - aye Councilmember Quick aye Motion Carried Mayor Linke - aye Councilmember Quick stated he feels the ordinaneof having fast food types provides control over not the shopping center. operations in Pa, reported that some items lby 15. Approve Change Orders to clerk/Administrator at on the Public Works garava addition thoinWeto beldone were now g 9 Public Works Garage Addn. planned to be done by Staff due to time constraints o£ Staf and the contractor, the limited ability of Staff to do the work, and he amounting to requested council approval of change orders the door going into the $3,245 for the installation of the filling tanks. locker room, and Motion nd Quick/Blanchard to approve the change addition c act in ge orders to the Public Woerstherrecommendation°ofrthe $3,245, p the amount of architect dated November 25, 1987. Carried Motion 4 ayes 0 nays _ reported the acquisition of certain 16. Report of Attorney Attorney Meyers right-of-ways relative a°quickView takeBoflthes in Park, and they would 4 would necessitate a Robert Waste property, which the court of the approved value of the deposit with He asked tae Council tO authorize right-of-way. Treasure r to make a check payable to the Mayor and the Clerk of District Court, in the -amount of He added that after $76,900, for the right-of-way. procedures riatethe the deposit is mad,and thell become followed, the property Clerk/Administrator Pauley reviewed the case of the Underdahl, which acquisition of property from Russ Mark stated is being handled by Attorney debating the app raisedyvalue ofthe Mr. Underdahl is the property, which is $20,000. The fuunda�foprojects special. acquisition would come from the fund, and would be returned, with after the tax increment financing haslostbeenecompleted. developer had tried He explained both the City and t. owners atoraice n agreementwith ttablegtolcomeate but wereenoly Attornev Meyers reviewed how the interest would be deposited with the Court -, disbersed on the funds and he clarified that the interest would go to the owners of the property. Mounds View City Council ; . •-: ,-.., ,-T, ..m Regular Meeting------------Wl��f December 14, 1987 -------------- - -II --Page-Tweive ------------ a ad Mayor Links explained why the two pieces of property were r needed for the Mounds View Business Park. Motion/Second: Quick/Wuori to approve the payment of $96,900 to the Clark of District Court for the quick take on the Robert Waste and Russ Underdahl properties. 4 ayes 0 nays Motion Carried Councilmember Blanchard reported she had verbally 17. Reports of stated at the last agenda session that the residents Councilmemberai of Scotland Green had requested a loading zone in front Councilmember of the apartment buildings, and they have since sent Blanchard a letter of request. Clerk/Administrator Pauley stated he would lcok into it. Councilmember Wuori had no report. Councilmember-;; Wuori Councilmember Quick had no report. Councilmember, Quick Mayor Linke reported that no work will occur at the Mayor Linker _ Mounds View Business Park after 7 PM on the end of the property closest to the residents on County Road H2, but that they will be working late on the south end of the site. Mayor Linke asked Clerk/Administrator Pauley to contact the contractor regarding getting the large white truck moved from Bona and County Road I, as it is visually blocking the intersection. Clerk/Administrator Pauley replied he had asked that it be done last Friday, and '-q will call them again. Mayor Linkc inquired why Channel 16 was off the sir over the weekend. Clerk/Administrator Pauley explained they had head end difficulties, and the equipment at City Hall was in full operation, but the problems were outside their control. Mayor Linke stated that the broadcast of this evenings meeting had had difficulties, but the meeting was fully taped and would be rebroadcast, and anyone interested in the time could call City Hall tomorrow for the time. Mounds View City Council G Regular Meeting ��" -------b�ir-----" _ ------------------ T W uu d gp� Mayor Line stated that Barr Engineering gave a�ver�T report to the Council on December 7, but some of the items covered were not included in the written report provided later, and he would like to get everything in writing from them, to use when the Council looks at the resubmission on Greenfield Estates. Mayor Linke stated the penny jug for Pinewood would be at City Hall, and he encouraged people to buy boards for the playground. Bill Frits, 8072 Long Lake Road, stated the fence which —as moved from around the holding pond at the west end of County Road 1, by the shopping center, had not been put back into place, and he was concerned with children being able to get in and get on the ice. Clerk/Administrator Pauley stated he would check into it and make sure the fence was put back in place. Clerk/P.dministrator Pauley had no report. Mayor Linke adjourned the meeting at 9:47 PM. Respectfully submitted, Donald F. Pauley Clerk/Administrator December 141 1987 - Page Thirteen---- 18. Report of Clerk/ Administrator 19. Adjournment Eilk V Please read this statement and add to the minutes. Although I am not able to be in attendance I want it noted in the minutes that I would vote "no" on the Greenfield Estates project. After much study and revic'r of by Barr Engineering I have been presented with information or evidence that indicates that the proposal is not in compliance with the citiy's Wetland Ordinance. The boundary of the wetland is not accurate on the developer's plat. Of great importance to me and concern to me is the fact that the Army Corp of Engineers permit has been rescinded. Given these cuncerns and other questions raised by Harr don't think that the council can possibly approve this proposal. I urge other membeD of this council to vote "no". v I-!*— AtIVI-1I TO: Mayor, City Council and Cler-Administrator FROM: Police Chief DATE: December 17, 1987 RE: PURCHASE OF TWO POLICE VEHICLES This year our Police Department participated with other Ramsey County municipalities and the Ramsey County Sheriff Department in the bid process for the purchase of new police vehicles. Bid number A-6256-4 was awarded to Thane Hawkins Polar Chevrolet on December 16, 1987. The award on this bid is for a 1988 full size Chevrolet Caprice with a 350 CID - V8 engine. With the selection of various options, the purchase price is $11,157.00 per vehicle. This purchase price is more than $500.00 rhea er than last year. As you know, we budget for.one and one half ($20,670) police vehicles per year. This year we are scheduled to purchase two vehicles. RECOMMENDATION: Request authorization from the City Council to purchase two (2) 1988 Chevrolets from Thana Hawkins Polar Chevrolet in the amount of $22,314.00. BUYER: CAROLYN BOLEN FFRffi amuR f@7IMIDB C3. Ing 88OIDI IZ1m10C4EDOl 119CI F>DaR S8L1 4z-m tII-BWO 463-7. L 7740E 9=B1IIQ. SBSE& E SILa1. SO,DI. EI®Dcw S[9®ORVilfd Kr GR Far BUD TA69LATIOH OF 510 M MER A6256-4 - SPECIFICATION N9. 1 POLICE VEHICLES - POLICE DEPT., RAMSEY CO. SHERIFF VARIOUS MUNICIPALITIES DID OPENING DATE: DECEMBER 9. 19;7 WD•I IOT1Rm, m QO®BDNO= ECw-ar aC>?E� 71B amA64a, 302IB 5.&VVID= Miff 71E6YD.(EDESL9 7/70 Rana - UM=PIEIAR' 11QrAmm xFnm IF CRM 9D-ID Ims 9oi2Q ODS 90In EER KMW RM Car 13-M]Sine um CPME u L SPAR xm NN EO6®EID )m PER UNIT m.m SlL6 2.00 W'JWM WP C70P Kamomams INS ECIRDB 3. 00'dM" tlmm N4E16 aaxvIDODD Lffi'"m O.II y179.E 5'.693 /. III=XG77, a= imta=ERDDT SM80 min 5. a amc w I=a9ICII.m FOm a17DmE IE PnRaw SM.W Ssm S. ERCEP13 Smwm CMR Imum RE Od1' SM20 S1MOO R1 7.%MET 7m FEROW' $M75 SM75 IL WEB ENME EEMK IEEmB OtIA'1FR Qm' a7.00 S16.W 9. CEf17t 711T �N@2.SOO. ISZILT FIR *a S219.90 5D7/.90 IL Im" Jam MEN IO75 camnROafl' M75 6161.75 It PROD A. PRO O® W.m moo B. SINU OCR m.W moo StB KOS Fat BEmC 9pEZMD� IVB'V7 J 101EE7L71D-9W KiOLL 79® IRS Him EP RW OEBBm Rmcm vrmm: DDB![5557C Eta 7R A06-7D ICPRAWEEZ AIMA 121 AP, TnEs REEL R: t IODS IQf"m lD 4 EEL I� COD D7YE !IC TA. EBRIS IR 6N ]50 CASn 1Dm 9,-=ow 12 C 0715 W lK T n 191BemEmaD u 31 L SIBm Sum 6Am I 1 AW S.m $3W 0 5 SW SS195.Em S . >50& $ (SO.m1 (SIW.0 mco =00 G1Lm SI&m SN.D 1It MIX! $MOD SILL SILLm =0! XCO =00 SDP.m STS7. moo L®.m 15.W 0.W 616.m SD. WD $C7.m MOD S1tbm = 0 mm.zj moo 51111.m n: Bw I m, 5. I9m Nlm D90r= 9s Q9.W S1LLE (SXM snm bDO.W Saco em.W Satin LL9100 MOD 51l.m a (71 MEMO TO: Clerk -Administrator Pauley FROM: City Planner Herman DATE: December 17, 1987 SUBJECT: ODAS NEWTON, 8319 GROVELAND ROAD CONDITIONAL USE PERMIT Mr. Odas Newton has requested a jitional use permit for an oversized accessory building which he is currently using as his attached garage. He propose-, tc :unvert his garage to storaec use only and build a new garage on the other side of his property. The new garage will allow him to expand its capacity and will shorten his driveway substantially. The Planning Commission and Staff have reviewed the proposal and found it to conform to City Code. Because of the unusual circumstances the conditions placed upon the property have been changed somewhat from the standard conditions for accessory buildings. The two changes are as follows: 1. No driving surface shall be allowed to the building. The existing driveway will be seeded for removal. 2. The accessory use must be maintained to provide a uniform appearance with the dwelling unit. These are written to ensure that the attached garage will be transformed into an accessory structure rather than look like a garage. I KJH/bac RESOLUTION NO. 2276 CITY OF MOUNDS VIEW COoNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING CONDITIONAL USE PERMIT TO CONSTRUCT ACCESSORY BUILDING, 8319 GROVELAND ROAD, ODAS NEWTON, PLANNING CASE NO. 229-87 WHEREAS, Mr. Odas Newton, 8319 Groveland Road, has requested a conditional use permit to allow for conversion of a 240 square foot garayP :..) a storage building; and WHEREAS, Mounds View Municipal Code, Chapter 40.10, Subdivision C(2)(c), prov:des that the maximum size of an accessory building in an R-1 District shall be 216 square feet unless a conditional use permit is awarded by the City; and WHEREAS, Mounds View Municipal Code, Chapter 40.10, Subdivision D(6) A through E, provides an accessory building may be permitted up to 400 square feet when said building is a permanent structure and is designed and maintained to provide a uniform appearance with the principal dwelling unit; and WHEREAS, the Mounds View Planning Commission has reviewed the applicant's request for a conditional use permit and determines that it is in conformance with the aforementioned conditions. ?t NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds view approves of a conditional use permit to allow for conversion of a 240 square foot accessory building by Odas Newton, 8319 Groveland Road, legally known as Lot 5, Block 1, Gustafson's 1st Addition and in said Auditor's Subdivision No. 89 the north 95.07 feet (subject to road and easements) of Lot 68, ramsey County, Minnesota, contingent upon the following: 1. The use of the building shall be limited to storage of domestic supply and non-commercial r;creational equipment as provided for in Municipal Code Chapter 43.10, Subdivision C(2). 2. No driving surface shall be allowed to the building. The existing driveway will be seeded for removal. 3. Any vehicle stored in the building must be licensed with the Minnesota Department of Transportation as a collector or vintage vehicle. 4. The accessory use must be maintained to provide a ` uniform appearance with the dwelling unit. RESOLUTION NO. 2276 PAGE TWO OF TWO ATTEST: (SEAL) 5. The conditional use permit shall be filed with Ramsey County for recording on the title of the subject property. Adopted this 28th day of December, 1987. Mayor Clerk -Administrator ' M M MEMO TO: Clerk -Administrator and City Council FROM: City Planner Herman DATE: December 17, 1987 SUBJECT: ALPHONSE PETRON MINOR SUBDIVISION L 2909 WOODALE DRIVE Mr. Petron proposes to subdivide his lot. Originally the proposal required a variance because the newly created lot would only be 9,100 square feet; the Zoning Code requires 11,000 square feet. The Planning Commission could find no hardship, other than economic, to grant the variance. Mr. Petron instead submitted a revised proposal which looks much like the one attached. The proposal is that Mr. Petron will subdivide his property so that no variance in regard to lot size or lot frontage is required. Because of the placement of his garage and the unusual shape of the lots, his driveway will have to be moved on to his own property. The resolution places this condition upon the subdivision along with the receipt of a certifieu site plan and legal description. The description is to ensure that the lot line is describable in written form so that County will accept the subdivision. The Planning Commission has recommended approval of this proposal Js per Resolution No. 208-87. aY' KJH/bac r., r i,:=y;: w ;i•,• -\f�q: 'r'.•:'T1t�'. :Y� .. J: Y-. .r. S' °r.^..:`'<:•',T::: KY:n: . � i t , l 'a , , • F� l•. 45 '�My�t tji^ jiU" lti ,r -G eft ll4r �!t n�Ir LL. J;l le! y I' A.N<f� J" � ,. j I\T/, (•• 1 �i, �t'.i'• ��i et.i 9t �t Qltt �Ih llVe�&E'., )`..`i.. 1 ; 1 .: r, t 1r I!ri�.K a1': �S&I6j &AK • CENTRE MN 6617a r i b7 CLOUD ►AN 66&Olf ,ll I r • % 'gip • r r i ♦ ♦ p 1•b. iA • 7.76 ,.n.a.,t it... -I.." �. E1Y,152.7661 �'-.'stir �1e•ts' t•rL 4�Yi � hT, . I.t/T tot <. t i 5>• � [. j+., � Y 1 � 9 ,�t.?f>F \ t �j .: f ASBOCIaiE yM1 fu/ �'SG`tY. i • n. J $ a - r Ciu[M4�IgAan .• Su[70 , a , It tY�:r.-..;•,eI„<, t..f a.}.o ti.9wur[.w anu ..••SG41du[ . ., r i. A^tl.. " ��t' r j�:T : jam° rrS �'p k:i •..7 �Jh51• :'• .. ':4..b:::Sr;�{•;Y'7fj �! yw � r ; l , ,i i ' + t t � ) G'r' w l �.3.}�,/ � 66 1ij` F�{1L, MN 65117 614•{94i]01 Df'1 U£. Y�•'. ;.1 .; r• ! Y•.{r'(J,. ,.;):• I hereby cellfy_theYthf& Cer}ifieate of.Survey N Description O Easement Cl Plan 0 5peytfidetii ❑ o[ Building'-cetioil Q was prepared y me or under my direct supervision and that l am'a du Y• ;;.; fiegisjcred ujvey un r.t. of a State_ ofMlnnesotn. t: .• Reg. No. 3521 Date l i \r . _ .. _. y. ;, r.~ C. i_ww i'w. .i, aft;• •O ll - 1 "r ,Sr 14 f/ `L it o.a - icYJz g'' • >lot '2j. d};OlLMOOD PARR, `Ramsey, County, M1ne;ota; except to a a Nesilone=half of;sa{d Lot 211.,as measured DID tthe northe ty :1 na,southprly 1{nes.of:said'Lot 21; an0 except the'xestierly r,.a 97 1)0, fact, as' measured Along Inc nor.therly..and',sout#ierty sn d:l.,ot -2%.� 1 in eas'terl bf.1 e. Mest,:orie=fiatft Q { y 9 y • J.r - 1 `.57i{��LOt .21 /1NA,6deP ai Z r' •!.• a r •` j 1 t fir. ' �'• •`•• r, ',t • ... . •, {,, .' r. ems. RESOLUTION NO. 2275 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING MINOR SUBDIVISION FOR 2909 WOODALE DRIVE, ALPHONSE L. PETRON, PLANNINC CASE NO. 227-87 EIHEREAS, Alphonse L. Petron, 2909 Woodale Drive, has requested approval of a minor subdivision creating two lots meeting the requirements of Chapter 40.06, Subd. B; and WHEREAS, the City Staff and the Mounds View Planning Commission have reviewed the preliminary plat and determined that the existing structures meet the minimum setback requirements; NOW, THEREFORE, BE iT RESOLVED that the City Council of the City of Mounds View approves the minor subdivision for Alphonse L. Petron, 2909 Woodale Drive, contingent upon the following: ATTEST: (SEAL) �1 1. Mr. Petron submit a certified site plan and legal C desciipton. 2. Mr. Petron remove his driveway from the newly created lot and construct an improved driveway on his lot by July 1, 1988. Adopted this 28th day of December, 1987. ayor C er -Admiu stra-tor u MEMO TO: Clerk -Administrator and City Council FROM: City Planner Herman DATE: December 14, 1987 SUBJECT: RECYCLING PROGRAM FOR CITY OF MOUNDS VIEW Ramsey County has made available funds to cover 100% costs of a curbside recycling program in Mounds View. would cover direct expenses plus public education and a0ministration costs not to exceed 25 percent of the recycling budget. of the The grant program total Mounds View tax payers pay for this grant program through a special levy tacked on to their property taxes. In the recent past, the levy has risen dramatically and the Recycling Coordinator for Ramsey County estimates the cost to rise from $2.24 in 1987 to approximately $e.00 is 1988. It is unclear when the levy will stabilize. On page three of the Grant Program Guidelines it states that demonstrated efforts toward organized collection of City refuse is a "minimum criteria". It seems that Ramsey County has set a target date to achieve organized collection county -wide. There are potential benefits to be gained by the community through organized collection and this requirement should not be perceived as a detriment to the program. Staff recommends applying for the grant money in order to take advantage of the opportunity to obtain a valuable service free of cost and to allow the residents of Mounds View to benefit from a tax they will pay regardless of City participation in the program. In addition, the Metroplitan Council and Ramsey County have made recycling a high priority. While the program is currently voluntary, there is reason to believe that the County may make participation manditcry if full participation is roc obtained through this program. RECOMMENDATION: Staff proposes to draft a budget and grant app ic— ai Cron based on criteria given to obtain funds for setting up a recycling program in the City of Mounds View. KJH/bac GUIDELINES AND APPLICATION INFORMATION. Ramsey County Recycling Grant Program t Background The Ramsey County Board of Commissioners has approved funds for the purpose of exp ,iding municipal recycling program in 1988. A grant program has been established for muncipalities to finance recycling using these funds. The funds will pay for 1004 of the cost for once -monthly curbside collection. ProaraM go Al The main goal of the Recycling Grant Program is to expand curbside recycling services so that all the households in the county have monthly curbside recycling service in 1988f • This goa_ is consistent with the overall landfill abatement goals in the Ramsey County mastergan f4.L ,.Loj yi ;Jaste Management. I, . The County grant monies for recycling are available to all municinalitiea and townships within Ramsey County. This includes the cities of St. Anthony and White Bear Lake, which are partly In other counties. The amount of funds available to these two cities will based on the number of households actually in Ramsey County. The City of Spring Lake Park and North Oaks will not be eligible for funding if they are exempted from the recycling service charge. How Can Zbi Grant Fundg Be Used? The funds can be used for expenses incurred by a city in providing a recycling program. The major expenditures will likely be payments to a collection contractor, public education and program administration. Part of the application process will require the applicant to submit a proposed budget. Public. education and program administration costs cannot exceed 25 percent of the total recycling program budget. 991 Does The Program Work? Cities and towns requesting funds must submit an application to the county which outlines an implementation plan for curbside recycling. The application must contain a tentative budget, the implementation plan for the recycling program and a draft request for proposal (RFP) which the city will be issuing to recycling service providers. Not having gone out for bid yet, it will be difficult for cities to accurately project a budget for contractor costs. The average figure for 1987 plus 58, for a. total figure of $3.20 per household can be used. County staff are more interested in reviewing the city's plans and budget for public education, and the final budget can be firmed up later. Within two weeks after the city submits the application to the county, the county staff will review the application and determine whether or not the minimum criteria (see below) have been met. Once it is determined that the minimum criteria have been met, the city should issue the RFP to the recycling service providers. Within one month after issuing the RFP, the cities should begin to negotiate. contracts with a service provider and with the county. Once a county contract has been finalized, the contract will be approved first by the city council and then the County Hoard. Once the contract between the city and county has been fully executed, a copy will be returned to the city. The county does not need to be a party to the contract between the city and service provider. : How N2ch Money S—an 8 S..S_ty De I4 &cgive.2 The -exact amount of city will be awarded will depend upon the contract negotiations between the city and service provider and between the city and the county. The county budget estimated amounts that a city would need to finance- a recycling progra. The county budget estimated a cost of $4.31 Der household Der .yea. (includes overhead expenses), but actual ccsts will vary from city to city. What System Mill ft Uscd For Payment IQ Cities? Once a contract between the city and county has been sinned, the county will reimburse the city quarterly for expenses incurred. A County claim form must be signed by the chief administrative Officer or Recycling Coordinator for the municipality or township. The claim form should indicate if the expense was for collection contractors, public education or administrative expenses. Also, the tonnage recycled must be indicated on the claim form. The city is required to maintain detailed documents of hll expenses should a county, state or Metropolitan Council audit ever become necessary. Minimum Criteria The minimum criteria shown below must be incorporated by the grant application. County staff will work with cities to clear up deficiencies, if any. The grant money must be used to fund curbside collection services, public education for recycling, and administrative M costs (staff time).. Public education and administrative expenses together must not exceed 25% of the total recycling program budget. Public- education must, at least, consist of a brochures to all :iouseholds being served by the program. - Recycl,'..g-materials must be delivered to the Ramsey County Recycling Facility. Newspapers can be delivered directly to market but paper market weight slips must be submitted as part of the reporting requirements. Newspaper, glass, (clear, brown .and 'green), aluminum cans, bimetal cans; and tin cans must be collected curbside at least monthly. A mid -year and a final report muse be submitted to the county. The report should include a list of the program activities and their costs, a narrative explaining the successes and shortcomings of the program, any progress made on implementing organized collection, and such as participation rates and tonnages collected. ` - Demonstrable efforts must be made eventually move from an open hauling system to an organized collection system which will include financing provisions for curbside recycling services. Alternative methods may also be possibla, but the 'city must begin to explore some type of long-term financing method. Schedule The .--t is to have curhaiAe service in 1988. This requires that several carried out simultaneously between th contractors. �1' s start as early as possible administrative functions be city, county and recycling MEMO TO: Clerk -Administrator Pauley FROM: City Planner Herman DATE: December 17, 1987 SUBJECT: DYNAMIC DESIGNERS, PLANNING CASE NO. 138-83 7656 AND 7660 WOODLAWN DRIVE CBAPTERS 48, 49 AND 49A REVIEW BY CITY Dynamic Designers is proposing to develop two fourplexes on their property. The Planning Commission began the review process at the December 16 meeting by discussing Chapter 40 issues. In a previous memo received by the City Council, it stated two variances were needed for this proposal. After further review, Staff has found that the variance for usable open space is not needed; please see attached. The Planning Commission has requested that the developer resubmit a plan with some proposed changes to the driveway and parking areas. I anticipate receiving this in time for the next Planning Commission agenda session. The issue of a wetland alteration permit and conditional use permit for filling was only briefly discussed at the December 16 meeting. In keeping with Chapter 48, the wetland alteration permit is being directed to the Council for their direction as to the review process. A fair amount of information is already known about the wetland i:, which this development lies. Short -Elliott -Hendrickson is conducting a study of the drainage basin in that area and will in the near future be able to give the City information on the impact this proposal will have on the wetland and storm drainage and run-off. Attached is the phosphorus stripping calculations submitted with this plan. Tile City Engineer has reviewed this submittal and is comfortable with its conclusion. There is agreement that the wetland is larger than it need be based on run-off, flooding, and stripping capabilities. The question is how much filling can occur at that wetland and then; what proportion of that filling can occur for this proposal. Additional issues such as lot size and frontage need also to be addressed. I will be at your December 21 meeting to discuss this issue further and receive your direction. KJH/bac Attachments 0 r. ri MEMO TO: Planning Commission FROM: City Planner Herman DATE: December 16, 1987 SUBJECT: DYNAMIC DESIGNERS USABLE OPEN SPACE,REQUIREMENT City Code 40.04, Subdivision B(e), requires that each multiple family dwelling site have a minimum of 625 square feet of usable open space per dwelling unit. In a staff report previously written regarding the Dynamic Designers proposal, it was noted that the requirement for usable open space was not adequate and a variance would be necessary. Staff has since reviewed the site plan and determined that the proposal does meet, and in fact exceeds, the usable open space requirement. If you have any questions, please let me know. /b.ac JA 1EDLUND Planning Er,;. ing Surveying Kim Herman, City Planner December 14, 1987 City of Mounds Viet+ 2401 Highway 10 Mounds View, MN 55112 Re: Mr. Jiro Cepress, Dynamic Designers Dear Ms. Herman: Encloseo is a map of the drainage area into Bronson Pond. The map has been divided into land -use districts. Each district has a unique nutrient loading runoff factor so a nutrient loading to the wetland can be determined for each district. The following calculations illustrate the nutrient loading and the assimilative capacity of the wetland involved. PRESENT USE FUTURE USE Area Loading Area Loading fAe1 (lbj.Ac/Yr) (Ael (ib/Ac/Yr) Multiple 0.0 3.46 1.05 3.46 Dwelling Single 0.31 0.45 0.31. 0.45 Family Commercial 5.01 1.33 5.0i 1.33 Industrial TOT. LOADING 6.66 Lbs/Yr 10.43 Lbs/Yr Grassy 3.85 12.0 2.73 12.0 Marsh TOT. CAPACITY 46.2 Lbs,Yr 32.8 Lbs/Yr The total allowable fillable acres is determined by balancing the lost assimilative capacity per acre of fill plus the additional loading due to the use of the area with the surplus assimilative capacity: Fillable Acres = _(4 R7 - 10- 3) lbs/Yr = 2.3 Acres (12 + 3.46) lbs/Ac/Yr Minimum Wetland Preservation Area (3.65 - 2.3) Acres = 1.55 I. Therefore the proposed development does not affect the nutrient assimilative capacity of the wetland involved. Si,IncereI A cc: S. Woods, RCWD ulie Myhre, engineer Jim Cepress 9201 East Bloomington Freeway, Bloomington, Minnesota 55420, Telephone (612) 888-0289 MEMO T0: MAYOR AND CITY COON L FROM: CLERK-ADMINISTRATO DATE: DECEMBEK 16, 1957 SUBJECT: PUBLIC WORKS CALLOUT PRACTICES At the DestinghthatAgenda theSCity's currentession you 1practicesmforndum sugg from me Bugg callout of Public Works Employees after hours be changed. The recommendation theoninened in Publicthis Worksemorandum Employeeswas to rotatego to a system whereby basis and that a pager be leased callout duties on a weeklybasis on callout to wear to allow by the City for the Nmploy them some freedom while being held responsible to restc all Public Works callouts during the seven day duty period. In response to this memorandum, you requested additional information in the following areas. 1. The specific cost �f oaaer systems. In response to a request from this office of ght companies asing listed in the Yellow ivedstworenting proposalsewhich of pager systems, I rece are as follows, a) PAGENET with a lease rate of $14.95 per month for the first eighteen months of leasing and $2.95 per month thereafter for rtair time only one only pager. with the proposal being for a b) AIRSIGNAL, INC. with a lease rate of $11.0udes per month for a tone only pager the cost of air time. 2. Additional Payroll CoouT LaboraConsultantched efornd a survey provided by Stanton Group V employees listing their 1996 Standby Pay Provisions. The cities of Anoka, Brooklyn Park, Coon Rapids, Crystal, Fridley, Golden Valley- New Brighton, No. St. Paul and Roseville appear to have the most similar practices to that proposed by my precious memorandum. As you can see, the additional payroll benefits they provide for seven day standby duty vary from seven days of straight time fo; =-van days of standby duty to six hours at time and one-half. Indiscussing fthis matter with our consultan' CY Smythe, that we should be able to nsgutiate a standby the ee be provision that provides that eriodeforobetween on standby for a seven day p three and four hours at time and one-half which would in a cost Of week. rThist4 translates to an annual cost6fromr MAYOR AND CITY COUNCIL PAGE TWO DECEMBER 16, 1987 $2,831.40 to $3,775.20. The specific language of the contract wouldindicate that the employee would be on standby duty seven day period with the specific time y to period day and indicated, most likely from a that the employee would be only paid for the callout duty should they actually be required to leave their home and respond to a service call. It would be clearly stipulated in the contract and understood by the employees that the City would not be paying them for receiving phone calls or responding to citizens concerns over the phone not requiring their actual travel to the City to deal with the matter. Fund_ Source.. With the cost of the standby duty being between $2,800.00 and $3,800.00 and the cost for pager rental being approximately $150.00 per year, the City would need between $3,000.00 and $4,000.00 in 198S to fund this change in practices. As you all know, the position of Public kthe year Director/City Engineer was fully funded for 1980 bu: the pnGitinn will not be filled until approximately April 1st. At a budgetea annual salary of $40,877.00, the vacanc406n4this srpO ition month or would result in a saving. 406.4 which would be $10,219.26 for the three month period divided equally between the General of Fund, Watertand Sewer for a savings per funcity's callout practices relate to callouts for all types of activities including water, sewer and streets, I would suggest that the cost of the new program be divided equally between Water, Sewer and General Fund therefore based upon the above information there would be more than adequate monies in both of these funds to coverthe costsic Of this new program with the vacancy of Pubks Director/City Engineer position. RECOMMENDATION: Staff would recommend that Coureil authorize the negotiation of a change in the Publicorks contract to add a clause for standby duty outlining the provisions contained above and to lease a pager from AIRSIGNAL, INC. at a cost of $11.00 per month. Upon agreement with theOniStaff wouldhimplement e in hthe change e contract to and receipt of the pageY osed immediate) thereafter. the Citl's callout system as prop DFP/mjs Attachments: n LABOR RELATIONS ASSOCIATES, !NC 7501 Golden Valley Road /'ti Golden Valley, Minnesota W27 ( • � 612/546.1470 ���ipll 1213/S , • December 10, 1987 TO: Don Pauley, City Manager 1, City of Mourls View FROM: C. F. Smytge�(Consultant SUBJECT: STANDBY PROVISIONS IN STANTON GROUP V PUBLIC WORKS LABOR AGREEMENTS You requested on December 10, 1987 information with regard to the manner in which Stanton Group V Cities deal with Standby Pay/Obligations in their public works Labor Agreements. Enclosed is the information you requested. Some cities require the standby person(s) to perform certain duties as part of the standby duty; somo cities do not, and only require availability for call out wl duriug the standby period. many cities have no provision in their Labor Agreements. The absence of a provision cannot necessdrily be interpreted to mean that the city has no standby duty requirement for certain of their public works employees. Some cities with no Labor Agreement provision do, in fact, have a standby requirement, Minnetonka for example. Minnetonka requires employees to take turns on standby duty as a 'condition of employment" stated on hire of new employees, and pays no additional compensation for such duty. if I can be of further assistance please let me know. CFS:hfa Enclosure l City Anoka LT';)1-b630 Apple Valley Blaine Bloomington STANTON GROUP V 1986 STANDBY PAY PROVISION Standby PaY 7 days standby = 11 hours pay @ 1-1/2x If a holiday occurs during standby, comp time off for holiday. If called to work outside their regular work schedule - 2 hrs pay at 1-1/2x, except the first call out of two (2) hours or less shall be included as part of the li hours. Hours worked in excess of 2 hrs paid at 1-1/2x.' No contract provision. No contract provision. Brooklyn Center Public utility employees who are designated by their Supervisor to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service two (2) hours of overtime pay for each day served in sueb status. Such etandby pay shall be in addition to other compensation which the emolo,ee is entitled to under this AGREEMENT. Brooklyn Park Employees assigned to be on call after regular f working hours and weekends will be compensated y �, /A� $35.00 per week for remaining available for nA W immediate return to duty. Burnsville The employee on standby on Saturdays, Sundays or holidays shall be compensated at the minimum rate of 4 hours pay at 1-1/2x. Standby pay is for checking only on Saturday, Sunday and Holidays. Standby duty is for checking only on Saturdays, Sundays, or holidays, and other work is on a call back basis. Circle Pines 3 hours pay at 1-1/2x for each Saturday and Sunday that the employee is required to be on emergency standby duty. Columbia Heights The weekend duty for standby shall be continued with the duty man to receive 2 hours 0 1-1/2x for each day he is assigned duty. Coon Rapids •��` 1 hour straight time for 8 hours standby g� Qf V 01 between 3:30 p.m. and 7:00 a.m., in addition to call back pay 0 1-1/2x for time worked with a n7S minimum of 2 hours for each 24-hour period. STANTON GROUP V 1986 STANDBY PAY PROVISION City Standby Pay Cottage Grove No contract provision. Crystal 1 cvl�t Employees required by the employer to standby ay period will be paid for 12 y holidayfallstraight withind hours the e7pday(period; 17hourshen hours when two holidays fall within the 7-day l period). Eagan No contract provision. Eden Prairie No contract provision. Edina When required to be available for 24-hour recall Saturdays, Sundays or Holidays to operate utilities, apart from a regularly scheduled shift, the City shall pay a minimum of 4 hours at 1-1/2x. For hours of ectual work up to the minimum, no additional compensation shall be paid. All time over the 4 hour minimum shall be paid at the overtimo rate. Early report or extension does not qualify. A,Fridley 5p 2 hours A 1-1/2x for each day on standby on ?J Saturday, Sunday and Holidays. 4 hours 0 1-1/2x for standby during the week; if called out, minimum 1-1/2x for 1 hour min. J Gold alley t 9 hours straight time pay from 4:30 p.m. Friday to 8:00 a.m. Monday. If a holiday occurs, 5y3 .90' 4-1/2 hours additional pay. Hastings Weekend duty for utility department only; 4 hours 0 1-1/2x for each day for checking only. Call back to work at call back rate. 2x for the holidays o2 Christmas, New Years, 4th of July, Labor Day and Thanksgiving Day. During June, July and August only employees receive 5 hrs compensation at 1-1/2x of pay for each day. Hopkins It is agreed that the differential between MTCE II and Sewer and Water Worker is the necessity to standby. Call out during standby compensated as overtime subject to minimum call out of 2 hours. STANTON GROUP V 1986 STANDBY PAY PROVISION City Standby Pay Inver Grove Heights Lakeville Standby is assigned by the EMPLOYER for a minimum period of 24 hours. Employees assigned tadby 1-if standby onholiday1 1/2xf 2 urs ay plus G1/2x. holiday pay. Call out during standby at 1-1/2x for houryhour period atinom. First additionalaPay forduping a 4 to the first two hours. Maple Grove No contract provision. Maplewood No contract provision. Minnetonka No contract provision. Mounds View ) No contract provision. (' New Brighton 0, The employee on standby duty shall work 2 hours on Saturday and 2 hours Sunday on the week the �193 Gjog employee is scheduled in accordance with duties assigned by the EMPLOYER and shall be compensated at 1-1/2x the base pay rate. New Hope ` D % North St. Paul `y Utilities employees required to standby for 7 °l days receive 6 hours pay 9 1-1/2x for each 7 D daya of standby. if holiday occurs, 8 hours A �pvy 1-1/2x rather than 6 hours. Oakdale Weekend Duty Pay. An employee scheduled weekend duty shall work a minimum of 2 hours for checking facilities and shall be available for call out in case of emergency. An employee on weekend duty will be paid 4 hours pay per day at straight time. An employee on weekend duty shall not receive call back pay unless he is called out during a time not performing work required as part of weekend duty. Plymouth Ramsey STANTON GROUP V 1986 STANDBY PAY PROVISION City Standby Pay Richfield No contract provision. Robbinsdale,No contract provision. Roseville kag Utility maintenance employees will be compensated for standby duty at the rate of 1 3 3 �u1 hour regular salary for each day the employee is required to be on standby except Saturday, Sunday and Holidays. St. Anthony Employees required to be on standby on Saturday, Sunday and Holidays shall be compensated for standby assignment at 3 hours at 1-1/2x. Standby duty shall include routine check of pumps and other City facilities. Any other work required other than routine checks shall be compensated In the amount specified by the Overtime clause. St. Louis Park No contract provision. Shakopee No contract provision. a r Shoreview South St. Paul No contract provision. Stillwater Weekend duty. Employees who are required to work on Saturdays, Sundays or holidays in addition to their regularly assigned shift shall be compensated at 1-1/2x for such days and shall receive a minimum of 4 hrs compensation for each Saturday, Sunday or holiday. Employees will make routine checks of City sewer facilities. Any call -outs other than those routine duties shall receive 4 hours compensation. West St. Paul Sewer Mtce Dept Personnel. 2.5 hours @ 1-1/2x for each 24 hour unit of standby duty. Lift station inspection shall be required once per day; compensation shall be a minimum 2 hours @ 1-1/2x for each series of inspection made: Work required beyond the 2 hour minimum will be at 1-1/2x. Emergency call out will be paid at 1-1/2x with a minimum of 2 hours per call out. �✓ White Bear Lake No contract provision. Woodbury No contract provision. MEMO TO: MAYOR AND CITY COUNCIL FROM: CLERK-ADMINISTRATO DATE: DECEMBER 15, 1987 SUBJECT: MEETING WITH MOUNDS VIEW SCHOOL BOARD Attached please find a letter from M. Joeilen Johnson, Chairman of the Mounds View Public School Board inviting the City Council to a joint meeting between the Council and the Baord on issues of mutual interest. The meeting is suggested to occur on the evening of Thursday, February 11th at 7:30 p.m. at Pinewood Elementary School. Should Council agree to this meeting, Staff would request an indication as to whether or not the February llth date is acceptable in order that a response to this letter might be provided. Also, Staff would suggest two other items are added to the -<< agenda for discussion that evening. Y 1. Discussion of the relationship between the City of Mounds View Parks and Recreation Department and the School District's Community Education Department. 2. The relationship and interaction between the City of Mounds View Parks and Recreation Department, Community Ed., Irondale High School, and the Hounds View Community Theater Board. These have been issues that the Council has voiced a strong interest in in the past and although these problems seem to _ be resolving themselves through the efforts of the various staff members, it would seem appropriate that the Council and the Board receive a presentation from the various staff members on both the City and the School District side to clarify the issues currently at hand and what effort is being undertaken to resolve those issues. Your direction in this matter would be greatly appreciated. DFP/mjs Attachment: cc: Parks, Recreation and Forestry Director Saarion IV Independent School District No. 621 n Mounds View Public Schools 2959 North Hamline Avenue a St. Paul. Minnesota a 55113 a Phone (612) 636.30 Dr. Burton M. Nygren, Superintendent December 11, 1987 School Board Joelles Johmon Chalmaa Glen Winch,m Ka Charnnen Mayor Jerry Linke suchud Smith Members of the City Council Clerk Don Pauley, Clerk Administrator 11"dHarm City of Mounds View ne6Y ' 2401 Highway A10 Pes olwa St. Paul, Minnesota 55112 --- naRror _- RkhW Polish Ladies and Gentlemen: Drnrror Nq Jdo On behalf of the Mounds View School Board, I invite you to meet Di1e"°r with us early in the new year to discuss such questions of mutual interest as: What is your latest information on Mounds View's demographics? Where will kids attend school during the years of fluctuating enrollment? ,,++�� How will AIDS affect school curriculum, management, and the l„�.`" community? Can we assist each other in long-range planning? Are there ways we can improve communications between city and school district? You may wish to add other items to the list. If you agree that a meeting of city and school official: is a good Idea, we suggest 7:30 p.m., February 11, at Pinewood Elementary School: 5500 Quincy Street, Mounds View. lie will also take a few minutes that evening to show you the new rooms constructed during the past months. Please -call Janet Folsom, Administrative Assistant to the Superin- tendent and School Board, 636-3650, if this plan is agreeable to you, or if you prefer another date. Thank you. Sincerely, M. Joellen Johnson, Chairman MJJ:rs Serving the communities of Arden Hills a Mounds View a New Brighton a North Oaks a Roseville a Shoreview a Vadnab Heights Equal Opportunity for Education and Employment f xr"' V MEMO TO: MAYOR AND CITY COUN FROM: CLERK-ADNINISTRA DATE: DECEMBER 7, 1987 SUBJECT: METROPOLITAN AIRPORTS COMMISSION 1988-89 CAPITAL IMPROVEMENTS PROGRAM Attached please find a notice from the Metropolitan Council transmitting the Metropolitan Airports Commission's 1988 Capital Improvement Projects and 1989 Capital Improvement Program for our review and comment. Staff has reviewed this document and determined that the projects and improvements proposed are consistent with the agreement entered into between the City of Mounds View and the Metropolitan Airports Commission and, therefore, would request Council authorization to submit a letter to the Metropolitan Council of positive findings. DFP/mjs Attachment: H.- It °, atao 0. N •tea �r November 24, 1987 To Whom It May Concern: RE: Metropolitan Airports Cammission 1988 Capital Improvement Projects 1989 Capital Improvement Program Received 11/23/87 Metropolitan Council Referral File No. 14356-1 Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291.6359 D'cCIC87 !zOra / D. ;., rg"WJ The Metropolitan Council has received the Metropolitan Airports Commission 1988 Capital Improvement Projects and 1989 Capital Improvement Program for review and comment. The Council will be reviewing this in the next few weeks and would welcome any comments you may wish to make. Any comments should be sent within one week. Thank you. Sincerely, METROPOLITAN COUNCIL 'All qr-,//% ohn Rutford Referral Coordinator JR:ch An Egwl opportunity Employer C kA OFFICE OF EXECUTIVE DIRECTOR • PHONE (612) 726.1892 November 19, 1987 Mr. Steve Keefe, Chair Metropolitan Council 300 Metro Square Building 7th and Robert Streats St. Paul, 11N 55101 Re: Metropolitan Airports Commission 1988 Capital Improvement Projects 1989 Capital Improvement Program Dear Mr. Keefe: METROPOLITAN COUNC1 REFERRAL Ark FILE NO. /�?j�'� The Metropolitan Airports C•mmission, at its meeting on November 16. 1981, approved the Capital Improvement Projects to be acceapiished on its airport system in 19P8, along with a 1989 Capital Improvement Program. The 1988 projects have been approved for implementation; the 1989 projects have been approved for preliminary planning and further evaluation such that they can be more accurately defined, both in scope and estimated cost, and submitted to the Commission in late 1988 for approaal for implementation in 1989. The documentation necessary to encumber Federal finding for the eligible 1989 proje,.cs will be initiated in conjunction with the preliminary plans, etc. The Metropolitan Council approved the Commission's 1987-88 Capical Improvement Program in February, 1987, with certain exceptions. However, due to modifications since that action, the 1988 projects are .being presented along with the 1989 Capital Improvement Program. A copy of each year's program, which includes a short narrative of each project and skecches indicating the areas of construction, are attached. The relationship of the 1988-89 projects ro a five-year plan is indicated on our five-vear Capital Improvement Plan (1990-1994) which is also attached for your information. We would appreciate a timely review of this material by the Metropolitan Council in order that. your comments can be incorporated into our applications for Federal Aid. OFFICE LOCAIICN-6000 26th AVE. SO. —WEST TERMINAL AREA—MINNEAPOLIS•SAINT PAUL INTERNATIONAL AIRPORT Z Ifs we METROPOLITAN COUNCIL' REFERRAL Hr. Steve Keefe l FILE NO. Page 2 November 19, 1987 if you should desire further information, do not hesitate to contact our office. Sincerely, e y. Jeffrey W. Hamiel Executive Director JWH/111 SK/AO 140 M, ANOKA Con -I"! -VAIN- 00 pavement: Rehabilitation • 5200 000 Periodically, it is necessary to rehabilitate aircraft operational areas (runways, taxiways, aprons) through bituminous overlays, sealcoats or, in some instances, reconstruction to restore the surfaces to a smooch, even condition and improve overall operating conditions. This project will consist of sealcoaring alleyways in the west building area and overlays on the south building area taxiway, apron and alleyways. Previously approved by the Commission. &Unwav 8.26 Construction - $l 200,000 Consistent with the Master Plan Study and subsequent environmental documentation, this project will extend the east/west runway (8/26) and parallel taxiway 800 feet east. The existing runway pavement will be reconstructed to the same pavement section and the existing taxiway overlaid. Previously approved by the Commission. poad co-s-ruc^+or - $450 000 the exte-sion of Runway 8/26 to the east will require tat St -het be closed to tram=ie. Discussions have beer. held with the appropriate municipal and state o£aciais conce ring alternate routes ite tra=a-'c and '- has been determined 101st avenue rot ex_stcng t•;1 •-- '" .+ , south be upgraded to at.a�ocate closing %vlite. `rnis project prov'_de for the reconst=ct_on of 101st A:•e:ue '_ro= its '_htarsactiot with %elite easterly to `7apies Street. Previously approrad by the Commission. D._,,:, Cteanin. - e50.000 Drainage at the airport has beer. a continual problem for some time. Ire -ecent east buildin3 area and bitc_ino s const^_ct:on projects included the clew-ning of secents o_: drainage ditch which has proven to be a definite improvement to the proble=. This project will be a continuation of the ditch cleancrt program previously initiated. Pre•:iousiy approved by the Commission.. Sew -1 enc'^ S150.000 It is proposed a perimeter sec,--'- y fencing program be initiated !Or the airport that will be implemented trough a phased program over -_pee yeas. =—e p'otect'on Date -a'- Svste^ - S121 000 The city Of Kaine has requested a wateraain for fire oroton purposes be extended from their system to serve the existinghangar areas on the airport. This project would serve the Gest Bu'_'_ding Area. 13 1988 CAPITAL IMPROVEMENT PROJECTS Reliever Airports ST. PAUL D0174TOIJN = Building Area Expansion = Pavement Rehabilitation v Snow Removal Eq,dpment Building 9 Airport Beacon Tower Replacement = Bayfield Street Relocation Administration 6 Other MAC Building Rehab SELF-LIQUIDATING $4,250,000 700,000* 500,000 50,000* 125,000 300,000 Apron Conscruction/Rehabilitation a 5 00 Subtotal $6,350.000 ,FLYING CLOUD Pavement Rehabilitation C• YS^ r = Pavement Rehabilitation A1n:L4 COLN-Y-11a12 = Pavement Rehabilitation Rturway Constaution Runway 8/26 Road Construction Ditch Cleaning Security Fencing a Fire Protection patermain System 50 000 - Subtotal $ 250.000 100.000* Subtotal $ 200,000 $ 200•,000* 1,200,000* 450,000* 50,000* 150,000 300 000 Subtotal $2,350.060 17 W L�U MOR nn a pavement Rehabilitation ay AIRUY.E u Acquisition Haintenance Equipment Building Impr. a Fire protection Wacermain System * previously approved by tae Hetro COunc 1. Eligible for Federal and/or $race funding. 18 ��x1l�id iubtotal $50,000 $ 500,000* 50,000 5 000 Subtotal $ 675,000 Annual Total $9,875,000 AN1CiC01 —N—BUIVr AIRPORT Securiry Fencir.e • $15 0000 This will be a continuation of the phased program initiated in 1988 to provide a perimeter security fence system around the airport's operational areas. 89CIP/AO 8 1989 CAPITAL IHPROVEHEI'T PROGRAM Reliever Airports ST. PAUL DOU%'TOVM 7 a Pavement Rehabilitation $ 800,000* a CFR Building and Equipment. 500,000* Administration and Other MAC Building Rehab. 100,000 Subtotal $ 1,400,000 CP.1 STP.L Equipment Maintenance Building p\OKA a Security Fencing Previously approved by the Hetro Council. = Eligible for Federal and/or State ::nding. 89CI?TrS/AO 10 $ 250,000 Subtotal $ 250,000 $ 150,000 SLLbtOtal $ 150,OCO Total $ 1,800,000 . w.•-:NeM.Yw.dG•.V:t-9W- ..-_-. +. �iy� wuz.'"wee— �'k• �.,,. ....xe.+tr fi 1988 CAPITAL IMPROVEMENT I I ' ROAD CONSTRUCTIO, 1 I G�i7� i l .I1 •• i .L. �'�•� i_ �• ._� .. _ •,�'-.I_ _{ , ! I III,. �ir�hi! .—. I r L A I:, RWY. 8/26 CONSTRUCTION 1 Y l I 1 Ij�, =(` _. • , �� —�— . i `. its � ....... ;;�' ,i II �' i p�7t,lCRE -IABILITATION I ... , rl _ J��.I �rl��I I I FIRE PR EC 10 i �A�, I " W 'ERM . 'sY•.TEm- d ,Id'SECURIT FEN INij ANOKA COUNTY — BLAINE AIRPO I JANUARY 1989 CAPITAL` OPROVEMENT FtNCING ANOKA COUNTY - BL, JANUARY 1285 PROJECTS AIRIICAPCLIS-1T. ?ALL INTERNATIONAL FILER R 1111YA15 Apra P.:lel Red SmtAnsl Ruyv/Cerle Area hresed IebebHll1110 Apices, Iota., Lit. ".,nsr 1122 Rueeel Ill/79R Rwerr 111129L Ausvt7 I/22 h1143104 luleel 1 Cmttrudim hslvel C Ceaslrudlm hduer C 10 CsepTer Ale1m1 Deism [eerlesq Aseeu Ands Resldll period" Iselur Isprovueds Slit hiprdlm Itlusbaus Cmelrvdles Ahadluems Casslrudlm Iledrlcal PodllTullms ILI. liver Ivlb hicatles #jet$ 110411. [RVIRONSENIAL Roles Rmllsrlq Stales Rates Su?prestar lied use Radlflulfon SCLF-1.1901 FIRS RSA WAIII Isellllr Reube Alrlhes Yddussce Reeger r.LS, hdlltr Srees Consult RavhO Sldevells CAPITAL CAPIIAI IIPDOVIAIRT IAr00V11191 PROJECTS POOORAA 1900 19H I,soo,oae 7,DDo,eoe Il,eoD,00D !,000,DOD 11,040,600 5,000,000 1,000,D00 I1-0,000 700,000 IOO,000 IOD,000 100,000 100,000 500,000 SOO,OOD 150,000 750,000 100,000 500,000 SnLinlel S,IS0,000 ]9,TSD,0o0 BOO,OoO 0 CAPITAL IMAOVEAEII PLAIT HID 1111 I717 TITS 1911 - 1,500.000 7,000,000 2,000,000 7,000,000 2,000,000 2,000,60 3,000,000 0,100,000 - 5,000,000 100,30 100,000 100,000 ...: 500,005 250,000 300,000 250,001 310,400 250,000 $00,906 230,OOe 25e to 100,t00 • 100,600 10e,000 7,150,008 -' 14,0k,000 2,150,000 2,150,060 7,150,000 1,030.00 500,000 50D,000 I Lend Ulf Aodlllulimt Ierved 1189 Is Is ddeJ to Ise W pm FAA .epprovel of the Pert ISO 9ludr Sublotel 7,300,000 500,000 0 41,000,000 5,000,000 " I7,000,boo 1,00D,boe , Subtotal. 45,000,000 11,000,600 0 D 0 0 d 0 CAPITAL CAPITAL 110'AOVIAIAI IAPAOVIAIVT PHI:CIS flDGIAA PAONCIS 1911 net LAAlellt Gera Concourse Mllslea lteditrii lefolal blaiu 16411111dien 1,000,000 170 000 Id Cncaur,e Iderlor Aei3Oillblloa 100 000 true ceacaury Interlor ArA6itlidlon lglond terminal Vfilo,r eeA,illlt.•Ilon 50'00e Dollar Plitt NET. 1 Sorer Itproteaed, 1,SOo,MO Id A live Cmceurat Iecloalcal System Cmrersloa 1.500,000 late It Vertical Circulation :00,000 lualarlallaa Center Vlllll f Ieiarmllrwa 1,100,D00 Vertical Circulation 1 Atli Itald Rev. 3,150,e00 luaeldsiyaplw nal Tract, tit. 11,000,000 Goad Iraecpaltalla control Syalea 300,000 ne.too terminal Coapin SprlAlter System 100,000 100.000 Inrmrd ccnrnl0 leduclloa 300,000 territory Pour Seeley Iglnfrmral, /00,d00 Primary net. Iblltliulloa Spin Upirile 1,000,000 felled Plate Telling I.e1allillallon 7,000,000 lladitgh leralal Abrrl Nntott Aodnlcalla, 150,000 750.000 Ilditgi terminal Cnlriatt Joe, Aeplatfaenl Atatial System Otllow Corer Aoalelcallon, 170 000 Irsaloreer Hato", )OG.000 500,000 310,000 Vfett 0iopou,l Slallaa ltdit/0i Terminal clrlrital Aalllleallont 140,000 u CAPITAL I11PAOYt11FAT FLU t n1i 1111 Din HIT . till ' : '�,w _ .ic 1 AGI,OK_. eY Stop rt `1 UM - lse,tot ltt,000 lm,oee lle,lal $t,lte lto,00t 100,000 I00,000 t6e,IM -. y- CAN IAA upim IMtO1EAElI ?LAM ICMtIRI Iri'POAA111 IAmROOi MII 1'POJICIS MGM rACROS 1110 1111 1112 P}) 1111 file 11I1 tMISIOE ftmld 71,000,000 hrllal 1(ra+lws rh+re II Aore 1,150,000 T,fA1,000 ?0rllal 101110n people 150,000 101,000 _ Arllrl Slesslwt AeNlliffalloe 100,000 NO,Int Ehnp/ 1011a+1 Irh+11II1011w I1101ii1101im - ImA.q MAlllulfar I 1,000,000 IniwJlWlloud 1,100,000 701h Slesrl I roll Imd 300,000 I00,0A0 - 51,110 trw.0 fr ar}wldloa hill", Ares 100.000 50,000 SQ,060 leulasl Casplso l499esl0 Orrrlopsul AAlul.lds 50,000 iafwulival J'9rw.11so+l 51111a1r lest Orro0e11rI le 700,000 700, 000 150,100 . 0 eta lallllhl Srnlus 1,,willlAl+ro Sides ad1111es11gr 700,000 _. W71 lrulad b0ronlords 15,000 111,100 lisp 2>L4, Itwoll Iullliq 1,150,000 101,000 �1 S..rrd allies OJIUw 725,000 101,000 lest lndsd less trh011111d1oa 000,0N 130 061 7, , I,101,101 sa11a1+I l9,159,000 1,400,000 7, 150,00p 550,00e u,teP,ece 11,150,e4 .. a too lot 5,161,w1 3,250,00 Annnd Iddr III,f00,0o0 R 5 7r. lottl 47,30,100 2 yr. told 111,050,000 1 Idyl 221,759,1/1 yr. Y.•.�.�eY, �-��lru �u•:i,c� _•i�ti?.' 4. wl�'n"n Cl'i •ti: Y.\: tw': ;d f,I r��y' PR0ILCIS P111LVEA AIRPORTS ST. PAR EOINIONN Idldlnq A,t1 Iara"Ova Pasant Rrhabllllallon Tom Ino.al lmulparal lalldlmq CIA ImIldlmq I Equipment AOpal Irarn% loran Prplatearnl Iaylirld Sliest 1111Yt+t IOm Adalmlmlydlom 1 0711 MAC /ulldlmq Rehab. SW-LISURaa INO Aprw Ccnm6.cllmn/ArhaiIlH+IIm IT VIVO CE000 Parnrnl Aehaillllalloo ERMAL Pnrmral 11641I I I a I I on [gnlparnl Na IClrnanrl Idldlnq [APART CAPIIAL IAI'AlIV1A1 Nl IWIN 01 I CAPITAL IMPRMNI PLAN 1,11111105 PAOLAAA 1710 list 11H II11 1117 IM 1110-.., 1,75Q,ow 1,000,wO '• l00,000 IOO,wO 500,Ow 10,010 500,000 300,w0 s11,odD SO,OOA I75,J00 100,000 100,000 50,0DO w,Ow SO,Iw 425,000 5u61m1+1 1,350,000 1,400'"0 550,000 7,7w,w0 31,400 0 i3P,0N 750,000 Subtotal 750,000 0 0 0 0 301,040 1. 7w,000 3w,000 730,E00 - Subtotal .00,000 750,OOD 0 0 0 300,010 0. ' CAII IAI CMIIAE I NI'ADVINI NI 11111P.DYI II I PROILCIS PAOGAM fA01tt15 IL50 1119 AEIILVEN AIRPORTS ANOAA CMAN-0LAINE Paeearnl RehaAllilaticA 111141"1 Arra orellmpmet Awap Castration Runway 6176 Rat Comlructlol filth ClraAing Sturlll EratTnq fire ►roletllm Ndeall SYdn LAIE LINO teetotal Arlamlllbrr on Nurlh Iotlllni A:re CnllooamL AIIIASL Atgdsllla 98I111nante Equipment Witter Improvement rift Prolarlla Ndtraln $Plan 7DD,DDD 1,70A,000 ISD,000 50,000 I50,000 ISO,D00 ]"r0,C00 Subtotal 7,350,a0 I50,100 30,C4 5u51u1d 50,000 0 300,004 s 50,000 125,000 Witte: 6:5,000 0 Annuli totals 1,915,000 1,100,000 I yr. total II,61S,000 ASP I ALIIIVIAS GRAND IAIAIS ANNUAL 126,475,000 66,610,000 7 TIM 193,125,004 CAPITAL 111PROYEAEAT YEAR . 1910 1191 IT17 1913 1911 Iso,000 700,001 600,000 —� 50,000 150,00 IS0,000 700,000 1",000 0 ' - 700,001 . 250,000 750,100 — 254,000 0 P 231,001 7HAI X_ 130,000 2,500,000 150,000 IS0,005 , 5 qr. Told 6,350,100 `- I p. Total 11,073,100 11,130,000 5,100,000 7,900,000 11,030,000 15,150,000 5 YEAR 33,150,000 I YEAR 24i,ft 1 MEMO T0: MAYOR AND CITY COUNCIL AT FROM: FROM: CLERK -ADMINISTRATOR DATE: DECEMBER 16: 1981 SUBJECT: ORDINANCE NO. 434 Attached please find a copy of Ordinance No. 434 prepared with the assistance of City Attorney Richard Meyers to respond to the requirements of Chapter 3officers only may Pon e may Laws which provides that licensed p issue citations unless other officers the e municipaof thealitlity are prodded explicit authority Y ordina Ordinance No. 434 lists the various chapters of the Municipal Code requiring enforcement by officers of the City of the other than police officers and tosenforcets the nthesprovisions of positions having the authority Attorney Richard these various chapters. As indicated, City ordinance and it is Meyers was involved in preparing this our recommendation that it be adopted at the earliest possible date. ^,pJmjs Attachment: ORDINANCE N0. 434 1-' CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1.11, ENTITLED, "GENERAL PROVISIONS OF CODE" The City Council of the City of Mounds View does hereby ordain: Section I. Chapter 1.11 is hereby amended by adding the following: Chapter 39; Signs and Billboards: Building Of_`.icial, City Planner, Clerk -Administrator. Chapter 40; Zoning: City Planner and Clerk -Administrator rhanfer 42e Subdivision Reaulations: Clerk -Administrator 44; Streets, Driveways: City Enginee , Clerk -Administrator 45• Relocation of Buildings: Building nner, Clerk -Administrator 47; House and Building Numbers: Commu 49A U Ci Official ORDINANCE N0. 434 PAGE TWO OF THREE Chapter 64• Civil Defense: Civil Defense Director Chapter 75; Gas Franchise: Clerk -Administrator Chapter 76; Electric Franchise: Clerk -Administrator Chapter 91• Animals: Community Service Officer Chapter 92; Tree Diseases: Forester Chapter 100; Intgxicatin Liquor: Clerk -Administrator Chapter 101; Non-Intoxicatin Liquor: Clerk -Administrator Chapter 104; Garbage and Rubbish: Clerk -Administrator Cha ter 106; Gasoline Stations: Clerk -Administrator Chapter 108; Public Dance Halls: Clerk -Administrator Chapter 109; New and Used Cars: Clerk -Administrator i U' Chapter 115• Bowling Alleys: Clerk -Administrator /_ C ORDINANCE NO. 434 VAGE THREE OF THREE CRapcer llo; icineranc Amusemeac miaesp Garniydibe - Circuses: Clerk -Administrator i Chapter 400; Administrative Offenses: As set forth in Chapter 400 Section II. This ordinance she" take effect thirty days from the date of its publication. Read by the Council of the City of Mounds View on this day of 1987. Read and passed by the City Council of the City of Mounds View this day of , 1987. ATTFST: Mayor — --- (SEAL) Clerk -Administrator APPROVED AS TO FORM: City Attorney MEMO TO: MAYOR AND CITY COUNCIL `kE' 10 FROM: MARY SAARION, DIRECTOR PARKS, RECREATION AND FORESTRY i DATE: December 15, 1987 RE: Budget transfer request I would like to request that the Council consider the transfer of wage expenditures of two part-time summer public works employees from Parks to Water and Sewer. Each department including water and sewer budgeted for one part-time summer employee. Parks budgeted for two part-time summer employees. Four men were hired and were to perform work understanding that they would be used in various departments as necessary. Inadvertantly, George Pajunen and Timothy Hetland were approved for employment with wages funded through the Parks Department. The wage expenditure from designated departments should be have been: Dan Otterson - Parks CAndrew Gray - Parks George Pajunen - {dater Timothy Hetland - Sewer RECOMMENDATION: To recind the past motion to fund the wages of George Pajuner. and Timothy Hetland from the Parks fund and approve the transfer of these expenditures to water, 700-121-4020 and sewer, 730-121-4020. PROCEEDINGS OF THE CITY 00[JNCIL? 9 pv CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA / Regular Meeting November 23, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ---------------------------------------------------------------- The Mounds View City Council was called to order 1. Call to by Mayor Linke at 7:00 PM on Monday, November 23, Order 1987. The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT:• Councilmembers Hankner, Blanchard, 3. Roll Call Wuori, Quick and Mayor Linke. ALSO PRESENT: City Attorney Meyers and Clerk/ dm Anistrat`or Pauley. Motion/Second: Quick/Blanchard to approve the 4. Approval of n�, 1aa7 minutes as presented. Minutes, n in IV�JV e11WOa {.VYGuvc+ 5 ayes 0 nays Motion Carried Pat Rickaby, 8343 Groveland Road, stating she 5. Requestsand represented the Mounds View Wetland Preservation Committee, read a prepared statement voicing three Coe entsFloofrom major concerns the group has with the preservation of wetlands in Mounds View. Mayor Linke clarified for her that Barr Engineering did not give a conclusiGn at the recent agenda session, but only an update of the work they have done so far, and they will be making a formal presentation at the December 14 meeting. Councilmember Hankner stated that the intention of the meeting with Barr Engineering was to get an update of the progress they have made since they signed the contract with the City: She added they have not met in private or had an executive session on this project, and it is the policy of the Council to make meetings open to the public. Mounds view City Council Regular Meeting.-:0- ---------------------------- Kay Weseman, 7807 Bona Road, noted that Barr Engineering had commented in their presentation to the Council that the wetland assessment done by the Audobon Society was correct in their opinion. Clerk/Administrator Pauley read the items on the proposed consent agenda. Councilmember Quick asked that Schulties Plumbing, Inc. be removed under Item C. Motio_ n/S_oond: Wuori/Quick to appInc. under Itemove the tC, and agenda, minus Schulties Plumbing, waive the reading of the resolutions. 5 ayes 0 nays to ble of their- of the lsewernand rwater alicenserfor lSchulties Plumbing, Inc. to the December 14 Council meeting. 5 ayes 0 nays -' that Staff is Clerk/Administrator Pauley reuO:- -.- recommending that J•im Tobias be appointed a full- time employee, with a salary increase of $2,000 per year, retroactive to November 11, 1987. Motion/Second: Blanchard/Wuori to approve Resolution No. 22b7, appointing Jim Tobias a full-time employee and approving a $2,000 per year increase in his wages retroactive to November 11, 1987. 5 ayes 0 nays Clerk/Administrator Pauley reported Kraus Anderson has a submarine sandwich shop which would like to go into the new shopping center, but that the present City code does not address delicatessens, and he reviewed a proposed code amendment to cover the situation, to be Chapter 40.02, Subd. B, (24). Motion/Second: Hankner/Quick to have the first reading of Ordinance amending Chapter431, amending the 40 a titledl code of Mounds View byy "Zoning", and waive the reading. 4 ayes 1 nay Councilmember Blanchard voted against the motion, stating she felt this was a bandaid ordinance, and was not well thought out. November 23,'1987,• Page Two 6. Approval of Consent Agenda Motion Carried Motion Carried ; Consideration of 7. Approval. olu Rslt. No. 2247 Motion Carried' 8. First Reading of ordinance No. 431 Motion Carried November 23, 1987 146unds View City Council. Page Three Regular Mgeting Clerk/Administrator Pauley reported the Blaine/Spring 9. Consideration of Replenish - Lake Park/Mounds View Fire Depie shttheirrcontingency ment of Fire $4,600 from Mounds View to rep He explained this occurs each year, and the large Department Contingency fund. the fund is depleted this year s due Fund reason part to a 31% increase in calls this past year. kt rove thehamount rep le of4the contingencyfundpin Fire Department. of $4,600 for the Motion Carried 5 ayes 0 nays Councilmember Quick reported he had had contact with departeand they another volunteer fire , and P it was dueelargely experiencing the same year. of grass fires this p Y to the number reported the City had Clerk/Administrator Pauley rep i 10. Authorization --'-, of Placement OZ received a petition for a security light n recommendatlaced Security Light i; oveldnd Park, and it is the to have helight plat on in Groveland park and Up Park and Rec Director wires wires in the tot lot. Code requiresher has grading of pole electric r,A placed in the ground, and Gopher C ty Aping the i_ Electrical submitted a bid for *bU, WLWL �..� Service f trenching. to hParke the placement oftth security 41ght/at GrovelandWuori Carried Motion 5 ayes 0 nays Councilmember Quick noted there hadbeensecurithe the placement lighting in the park prior to tennis court. Clerk/Administrator Pauley reviewed his memo 11. Consideration of Staff Memo November 19 to the Council regarding abandonment of the Regarding Chang - tion of the sanitary sewer and County Road I, in connection with Order on Pro j ect 87-4 lift station on experienced problemsial Project 87-4, an ohetreviewedfill mther d the with the sinking manhole. He explained it was imperative to comm..nce wor:c feterdelays immediately to avoid any comp collapseioftthe line, project and to avoid.a and they negotiated with the contractor for a time $17,000,e and and materials contract not oto f exceed approval orderfthe requested Council work. Mounds View City Council .Regular Meeting , -------r._-'--5------------------------ .. Motion/Second: Hankner/Quick to approve the recommen- dat ons made in the November 19 memo regarding a change order on Mounds View Project 87-4, County Road I Sanitary Sewer Reconstruction. 5 ayes 0 nays Attorney Mevers had no report. Councilmember Hankner reported she would not be at the December 14 meeting, as she would be on vacation. Councilmember Hankner reported the residents from around Silver View Park had met with the Forester to discuss plantings that would go around Silver View Pond, and they seemed pleased with what was proposed. She stated the work should be done in the spring. Councilmember Hankner stated she had also talked to the Forester about some trees that appear to be dying of oak wilt, and while the test results are negative at I.his time, he will keep a close watch on them. November 23i 1987 Page Four --------------------- Motion Carried 12. Report of Attorney 13. Reports of Councilmembers: Councilmember Hankner Councilmember Hankner reported she had attended the design evening at Pinewood School on November 18 for their new playground. She stated that she hopes the City can be an active participant in the project. Councilmember Hankner reported she had been given a notice from the Mounds View Wetlands Preservation Committee, and that while she knows it was sent out be well-meaning people, some points need to be clarified or corrected. She added that all meetings on this subject have been public and open to residents and concerned citizens, and the Council has spent approximately 9 hours in public heaL�ngs or citizen informational meetings. She proceeded to point out corrections. One correction is a statement regarding an upgrade project of the storm sewer system. She stated that the Council ik, not at this time undertaking a major project and that in meetings with citizens who are interested in such improvements the Council informed residents of how to proceed toward any sLorm water management improvements. She reviewed briefly some of the recommendations made by the John Johnson study, regarding the storm sewer project proposed in 1978, and the cost which was projected to be $2-4 million, plus land acquisition. Councilmember Hankner clarified the date at which action will be taken by the Council, on December 14, and she stated she regrets si,e will not be at that meeting to vote on the issue. She also explained the notification orQcedure the City uses for L.. Mounds View City Council November 23, 19.87 Regular Meeting Page Five ---------------------- ----------------- ^^ informing residents of issues such as this. She 1, added that it is important that facts be stated accurately and she quoted a section from the notice she had received which she felt gave inaccurate information. Councilmember Blanchard had no report. Councilmember Blanchard Councilmember Wuori had no report. Councilmember Wuori Councilmember Quick had no report. Councilmember Quick Mayor Links reported he had attended design day at Mayor Links Pinewood Elementary and this is an opportunity for people to volunteer their time, money, materials or anything else to make this a viable project. He stated a sign-up sheet will be available at City Hall. Motion/Second: Linke/Blanchard to remove proposed Resolut3.e o. 2263 from the table. 4 ayes 1 nay Motion Carried Councihmember Hankner voted against the motion. She stated that her reason is tha- no public notice indicated that such an important item was going to be discussed. ;Mayor Linke stated the proposed resolution would 'hopefully qet the project off dead center, and he read the proposed resolution. He stated he has discussed the. proposed resolution with the other mayors involved, and has not had any negative feedback from them. i Motion/Second: Linke/Wuori to approve Resolution No. 2263. 3 ayes 2 nays Motion Carried CounciLuembers Quick and Hankner voted against the motion. She would like -to see a forum for all the Councilmembers to put together a resolution th.:.t they all agree on. She added they need to lobby Mounds View's position before trying to get every- one to support it. Mounds View City Council I Regular Meeting ---------=----------------------- November 23,'1987 Page Six ------------ '------ ------ n Councilmember Hankner stated she has spoken with other mayors, and she would like to see a forum for all the Councilmembers to put together a resolution that they all agree on. She added they need to lobby Mounds View's position before trying to get everyone to support it. Mayor Links stated there is a meeting scheduled at the New Brighton City Hall at 7 PM on November 24, sponsored by Commissioners McCarty and Salverda, to discuss the library issue. Duane McCarty gave an update to the Council of where the issue is currently, stating he feels the the discussion is down to one issue, of what will become of the Roseville facility. Councilmember Hankner stated this item was not on the agenda for this evening, and she felt it should have been postponed, to allow for public input. Councilmember Blanchard stated she was in favor of acting on the resolution, as this gives the CouIity direction from the City. She added it is not written in stone but it gives the library board something to work with. .Councilmember Quick stated he agreed with Council - member Hankner's comments, the the item was not `listed on the agenda, and he would like to get :together with the Council's Prom the northern 'suburbs to discuss the options and come to a .mutual agreement. Councilmember Wuori stated she felt this was a direction for the City �60 go, and they should (continue their efforts for action by the library board. Councilmember Hankner stated she was not necessarily in opposition to the resolution, but she felt (strongly the item should be listed on the agenda, and ,I•he issue should be discussed with the other cities, before action is taken. Councilmember Quick stated he is 100 percent behind the library, but that he is just opposed to the mechanics of this resolution. Q.111 November 23, 1987 - 'Mounds View City Council Page Seven Regular Meeting ----"---""""-- -------------------------- - (Commissioner McCarty stated the county be maskedore the cities to give them direction, but they ar an willing to listen to recommendations, and he asked what the City's recommendation is for funding the operating costs and what that total cost would be. Mayor Linke stated the Council does not have those figures, but this resolution provides a starting point so that those calculations can needed and h occur by the county ee board. Be added a starting point feels the City has provided one. Councilmember Hankner stated she favors a good library system; and she.is in support of having one in Mounds View, but she still feels there are a number of issues to be worked out with the other north suburban cities. Clerk/Administrator Pauley reported the bids were 14. Mounds Clerk/ of opened for the Fublic improvements for the formal recommendation will Administrator View Business Park, and a the December 14 meeting. He added the bids be made at to be quite a bit lower than was estimated. appear 41 ephad received Clerk/Ad,-ninistrator Pauley reported he a call from Jim Senden, regarding to they have agreed Harstad Co. development, and deadline from December 7 to December 14, extend the and they will be following that up with a written confirmation. Clerk/Administrator Pauley reported the Barr Engineer- December 1, and an ing report is due November 30 or be made at the December 7 informal presentation will formal presentation is scheduled agenda session, and a for December 14. Kay Weseman stated she was concerned with thetextension she appreciated amount of the time constraints, and the Council has spent so far, but she is of time concerned with the votc on December 14 since one of the will not be present wetland advocates on the Council to vote at that time. Mayor Linke explained the action has been moved back be cable cast and minutes to December 14 so that it can will be taken. Councilmember Hankner noted this was the first broadcast of the anniversary of the first live City Council meetings. Mounds View City Council November 23, 1987 Re u lar Meetin Pa a Fi ht Mayor Linke adjourned the meeting at 8:09 PM. 15. Adjournment Res �ctfully submied, Do ald F. Pauley� Clerk/Administrator s@