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HomeMy WebLinkAboutCCP 01-13-1997 . l{l~ . ~ AGENDA ARDEN HILLS CITY COUNCIL MEETING I NEW BRIGHTON COUNCIL CHAMBERS MONDAY, JANUARY 13, 1997, 7:30 P.M. . 7:30 P.M. 1. Call to OrderlRoll Call 7:30 P,M. 2. Approval of Meeting Agenda . 7:30 P.M. 3. Approval of Minutes a. January 2, 1997, Regular Council Meeting I b. January 7,1997 Special Council Meeting 7:30 P.M. 4. Consent Calendar I Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council member so requests, in which event, the item will be removed from the general order I of business and considered separately in its normal sequence on the agenda. a. Claims and Payroll Ie b. Street Sweeper Equipment Options 7:35 P.M, 5. Public Comments I This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be I distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 7:40 P.M. 6. Unfinished and New Business I a. City Code, Review Chapters 4 & 5 b. Ehlers and Associates, Inc., Agreement for Professional Services c. Economic Development Authority (EDA) Budget I d. Quad lee Arena Agreements e, 1996 DOER Pay Equity Compliance Report I 8:40 P.M, 7. Administrator Comments 8:50 P.M. 8. Council Comments and Committeemepartment Activities Report I 9:00 P.M. 9. Adjourn I The above time may vary depending upon length of issue discussion .. I - . . January Meetings February Meetings January 2 Council Meeting 7:00 P.M. February 5 Planning Commission 7:30 P.M. January 6 Newsletter Committee 6:00 P.M. February 10 Council Meeting 7:30 P,M. . January 8 Planning Commission 7:30 P.M. February ]2 Human Rights Comminee 7:30 P.M. . January 13 Council Meeting 7:30 P.M. February 18 Council Worksession 4:30 P.M, January 15 Economic Development 8:00 A.M. February 19 Economic Development 8:00 A.M. . Committee Comminee January 15 Human Rights Comminee 7:30 P.M. February 24 Council Meeting 7:30 P.M, . January 16 Public Safety/Works 7:30 P,M. February 25 Parks & Recreation 7:00 P.M. Committee Commission I January 21 Council Worksession 4:30 P.M, February 26 Newslener Comminee 6:00 P.M, January 21 Park & Recreation 7:00 P.M. February 27 Finance Committee 7:30 P.M. . Committee JANUARY 25 TOWN HALL MTG. 9:30 A,M. .. (Benson Great Hall @ TO Bethel Collegel 12:00 P.M. January 23 Finance Committee 7:30 P.M. . January 27 Council Meeting 7:30 P.M. January 29 Newsletter Committee 6:00 P.M. . . I . I I .. I I I Date: January 13, 1997 ~J~~ .. To: City Council Juf"\ lof From: Lois Rem, 1670 G1enview Court I Re: Ogren Townhomes & Zoning/Land Use Issues I Last Tuesday evening I sat through your interviews of Planning Commission candidates, and I found the process quite interesting. As you all said, the candidates were well qualified, and your choice I was not easy. Your questions to each of them were very good, and your final discussion showed the seriousness with which you took the decisions you made that night. I One part of your interviews somewhat surprised me, however. Mayor Probst asked each candidate if he or she had been aware of the I situation with the Ogren townhomes and what, in his or her estimation, might have been done to make that process less difficult. In answering that question, several candidates asked if I there had been "zoning or land use issuesH involved, and council repeatedly indicated there had not been. I e I was a bit discouraged by this evidence of the shortness of the collective memory regarding that memorable case, and I would like to correct that memory and the record. I Please note that in mid February 1995 the city sent to residents AND published in the Focus News notices for TWO public hearings, one "for a site plan review and PUD Master Plan," the I other "to amend the land use plan of the city comprehensive plan .. . from open space to low density residential." Contrary to later representations, the problem was not simply that residents had been I wrong to assume the vacant corner was open space and just didn't want to give it up-- they relied not only on their own memories of previous hearings concerning that land but ALSO on the city's own I public hearing notice for this very development. I would like to read for you from the minutes of the March 1, I 1995, Planning Commission meeting, pages 13-14. Then, briefly, to complete your dealings on this case, I'll review some excerpts from the Council minutes of March 27, 1995, I pages 12-14. So, the issue of Planning Case 95-12, Comprehensive Plan I Amendment, has not come to council again since March 27, 1995. Is this question, then, still open pending review and updating of the . Comprehensive Plan? I I -..- I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 Jan-1O-97 10:20 AM _Last Fax I Identification Result Pa~es Im Date Time Duration Diamostic 4219511 OK 05 Sent Jan-IO 1O:18A 00:02:01 002580030022 I 6.0.4 I I I I I. I I I I I I I .. I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 Jan-IO-97 10:22 AM _ Last Fax I Identification Rcsult Pa~es ~ Date Time Duration Dial1Ilostic 6310467 OK 02 Sent Jan-1O 1O:21A 00:01:00 002181230020 I 6.1).4 I I I I I. I . . I . . . .e . ------------ I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Jan-lO-97 10:24 AM _Last Fax I Identification ~ Pa.e. ~ Date Time Duration Dia2nostic 6449446 OK 02 Sent Jan-IO 1O:23A oo:Ol:JJ 002181430020 I tJ.O.4 I I I I I. I I I I I I I I. I ------------------ - - ------------- I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Jan-1O-97 10:26 AM Ie Last Fax I Identification Result Paees ~ Date Time Duration Dial!llostic 6339550 OK 02 Sent Jan-IO 10:25A 00:01:13 002180430020 I '" I I I I I. I I I I I I I I- I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Jan-1O-97 10:29 AM II I.ast Fax I Identification Result Pa.es ~ Date Time Duration Dia~nostic 6333846 OK 02 Sent Jan-IO 10:27A 00:01:12 002180430020 I 6.0.4 I I I I Ie I I I I I I I .. I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Jan-1O-97 10:30 AM ... Last Fax I Identification Result Pages ~ Date Time Duration Diamostic 482]262 OK 02 Sent Jan-1O ]0:29A 00:00:49 002581030022 I 6.0.4 I I I I Ie I I I I I I I .. I - .' ... I CITY OF ARDEN HILLS I' MEMORANDUM DATE: January 10, 1997 I TO: Mayor and City Council I / ----~--.} FROM: Brian Fritsinger, City Administratow SUBJECT: Administrator Comments for the January 13, 1997 Council Meeting I 1. Approval of Minutes I The Council is asked to approve the Minutes of the January 2, 1997 Regular Council meeting, and the January 7, 1997 Special Council Meeting. I 2. Consent Calendar a. Claims and Payroll The Council is asked to approve claims in the amount of$231,710.35, and payroll I for the period most recently ended. The Council should note payment to Met COLmcil Environmental Services in the amount of $48,322 for January sewer Ie charges; Lake Johanna Fire Department in the amount of$80,500 for the first half-year services; and Ramsey County in the amount of$49,309 for January law enforcement. I b, Street Sweeper Equipment Options As a result of additional conversations with the manufacturer, the Council is asked I to approve an additional $801.00 in factory options as part of the 1997 sweeper purchase, I 3. Unfinished and New Business a. City Code. Review Chapters 4 & 5 I The City Council is asked to review and provide feedback regarding Chapters 4 and 5 of the recodified Arden Hills Code. Chapter 4 includes animals and pets, and Chapter 5 includes alcoholic beverages. Chapter 3 will be presented to the I City Council at a later date, The LMC has not provided any other revised chapters back to the City. I b. Ehlers and Associates. Inc.. Agreement for Professional Services The City Council is asked to authorize staffto enter into agreement with Ehlers I and Associates, Inc. to provide a review of the Cottage Villas TIF Agreement and District. This program would be to assist with the reporting requirements it contained within the agreement and compliance issues mandated by the State of Minnesota. I .- "' Administrator Comments for thc January 13, 1997 City Council Meeting I Page Two January 10, 1997 -- c. Economic Development Authoritv (EDA) Budget The City Council is asked to consider the creation of an EDA fund which can be I uscd to track the CPI Loan Funds. Additional requests related to the formation of the EDA will be presented to the City Council later this year. d. Ouad Ice Arena Agreements I The City Council is being asked to approve the Master and Supplemental Agreements related to the Quad Ice Arena project. The Cities of Coon Rapids and I Blaine have approved participation. The MASC has requested that all actions be taken no later than January 28, 1997 in order for the project schedule to stay on track. I c. 1996 DOER Pay Eouity Comoliance Report The City Council is asked to approve the 1996 DOER Pay Equity Compliance I Report. This report is required by the State of Minnesota and is consistent with Council direction in 1995 and 1996. 4. Department Activities I Enclosed, the City Council will find the monthly department activity reports prepared by - staff. Should the Council have any questions on these activities, please feel free to ask them at the meeting. a. Administration Activities I 1. Town Hall Meeting I The planning activities related to the Town Hall meeting have continued. Bethel College has met with us several times to discuss the details of the meeting. I have informed Bethel that we will finalize many of the details I next week. 2. Building Inspector I During the month of December, staff completed interviews and completed background checks on the various applicants for the Building Inspector's I position. David Scherbel has accepted the position of Building Inspector with the City. Mr. Scherbel is currently working with the City of Richfield and is expected to start his employment on January 27, 1997. I 3. Year-end Activities Staff worked on a variety of year-end housecleaning issues which varied I from renewal of licenses, fee schedules, equipment acquisition, employee appreciation, and pay equity planning. -. I I'" .. 1_ Administrator Comments for the January 13, 1997 City Council Meeting Page Three January 10, 1997 1 4. Community Survev I Staff worked with the City Council on revisions to the Community Survey which is now being completed. The 400 phone interviews will be completed the week of January 20th. It is unknown whether any I preliminary results will be available for the Town Hall meeting. I I I I . I I I I I I I " ..I -- r .. I DRAFT MINUTES " CITY OF ARDEN HILLS, MINNESOTA REGULAR CIlY COUNCIL MEETING JANUARY 2, 1997 7:00 P.M. - NEW BRIGHTON COUNCIL CHAMBERS I I CALL TO ORDERlROLL CALL I Pursuant to due call and notice thereot: Mayor Dennis Probst called to order the regular City Council meeting at 7:01 p.m. . Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Pale Hicks, Susan Keirn, and Paul Malone. I Absent: None. Also present were: City Attorney, Jerry Filla; City Administrator, Brian Fritsinger; City I Accountant, Terry Post; Community Development Director, Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; Administrative Secretary, Sheila Stowell; and Recording Secretary, Lom Kopischke. .. ADOPT AGENDA I MOTION: Keirn moved and Aplikowski seconded a motion to adopt the agenda for the lanuary 2, 1997, Regular City Council meeting as presented. The motion carried unanimously (5.0). I OATH OF OFFICE I Mayor Probst administered the Oath of Office to Council appointees Brian Fritsinger a.s City Clerk! Administrator, Terrance Post as City Treasurer, Beverly Aplikowski as Councilmember, and Paul Malone as Councilmember. I APPROVAL OF MINUTES A. December 9, 1996, Regular Council Meeting I B. December 16, 1996, Council Worksession Meeting C. December 16, 1996, Regular Council and 1997 Final Budget & 1996 Levy Payable in I 1997 Meeting City Administrator noted on page four, paragupb two of the December 16, 1996, I Council Worksession Meeting minutes, Ray McGraw should be removed and replaced with Tom Steele. t' I --- .. 1 DRAFT ARDEN Hrr.r.S CITY COUNCIL - JANUARY 2 1997 2 I MOTION: Hicks moved and Aplikowski seconded a motion to approve the December 9, -- 1996, Regular Council Meeting minutes as presented; the December 16, 1996, Council Worksession Meeting minutes as amended; and the December 16, 1996, Regular Council and 1997 Final Budget & 1996 Levy Payable in 1997 Meeting I minutes as presented. The motion earried unanimously (5-0). CONSENT CALENDAR I A. Claims and Payroll B. Adopt Resolution #97-01, Designating Pepositories and Corporate Authorization I C. Adopt Resolution #97-02, Designating Additional Money Market Depositories for Investment Purposes D. Adopt Resolution #97-03, Designating Brokerage Firms for Investment in I Financial Instruments Authorized by State Statute Consistent with the City Investment Policy E. Adopt Resolution #97-04, Transfer of Funds by Telephonic Instructions 1 F. Designation of Official Newspaper for 1997, SJwreview-Arden Hills Bulletin G. Adopt Official Meeting Calendar for 1997 MOTION: Hicks moved and Malone seconded a motion to approve the Consent Calendar as I submitted and authorize execution of all necessary documents contained therein. The motion carried unanimously (5.0). ~ PUBLIC COMMENTS Mayor Probst invited the audience to address the Council on any issue not already on the agenda. I There were no public comments. UNFINISHED AND NEW BUSINESS I A. Approval of City Appointments I B. Appointment of Acting Mayor, Susan Keirn C. Appointment of Council Committee Liaisons for 1997 D. Approval of Planning Commission Appointments I MOTION: Malone moved and Hicks seeonded a motion to ratify City Appointments for 1997, including Acting Mayor, Council Committee Liaisons, and Planning Commission I as recommended by the City Administrator in his Memorandum of December 26, 1996. Councilmember Aplikowski questioned the verbiage of "committee" versus "commission". I Mayor Probst noted this issue had previously been discussed but there had been no formal action I at this point to change the name. The motion this evening is only to establish the City Appointments. .. I I ~ DRAFT I ARDEN HILLS CITY COUNCIL -lANUARY 2 1997 3 " Councilmember Aplikowski suggested an amendment be made to the motion to read Comrnission- Committee. , I Councilmembers Malone and Hieks accepted the amendment to the motion. I The motion, as amended, carried unanimously (5-0). Mayor Probst noted the City Council has received several applications expressing interest in I serving on the Planning Commission. He suggested the Council interview the applicants. Brian Fritsinger, City Administrator noted the bench handout from Mr. Albertson expressing an I interest in serving on the Planning Commission. There was Council consensus to schedule a meeting for the purpose of interviewing applicants for I the Planning Commission on Tuesday, January 7, 1997, beginning at 6:30 p.m. E. Resolution #97-05, Establishing the Fee Schedule for 1997 I Mr. Fritsinger advised the 1997 Fee Schedule is different this year as it is an inclusive fee schedule. He noted in years past, various fees have been approved at different times and this has resulted in difficulty for Staff The items which have been clarified or added to the 1997 fee .. schedule include the Sign Ordinance, Water Meter/Spacer Changes, Meeting Agenda Packets, Christmas Tree Sales, Impound Fees, and Beauty Shops, Mr. Fritsinger explained the Water Meter fee has increased due to the increase in the price of the meter itself. The Meeting Agenda I Packet fee will vary depending on the number of pages. Per Council direction, Christmas tree sales and beauty shops have been included in the Retail Category and Impoundment has been added under the Pogs and Cats Category. I Mr. Fritsinger advised Staff recommends that the City Council adopt Resolution #97-05 establishing the fee schedule for 1997. I MOTION: Malone moved and Hicks seconded a motion to adopt Resolution #97-05, Establishing the Fee Schedule for 1997. The motion carried unanimously (5-0). I F. 1997 Pay Plan (Employee Insurance - Maximum City Contribution) I Mr. Fritsinger advised this memorandum was in response to questions Council has raised in regard to health insurance and the current status of non-union versus union costs for various insurance coverages. He noted one issue to consider is that under current State Statutes for the I Pay Equity Program any ehanges eould have an affect on Pay Equity compliance, Staff would need to analyze any increases in order to insure compliance. Mr. Fritsinger suggested the entire employee benefit plan be studied and items such as a full cafeteria plan and cbanges to the leave I policy be considered. He reported he will be meeting with other cities to look at their employee benefit plans. fI I -- - - - DD f\ [:T . I '~...#"",r ARDENHTI.LS CIT'(COUNCII. - JANtJARY2 1997. 4 I There was Council direction for Staff to continue to investigate this item and report findings to -- the Council_ G. Planning Case #96-23, Pilgrim House, 1212 West Highway 96, SUP I Kevin Ringwald, Community Development Oirector, advised the applicant is requesting approval of a Special Use Permit (SUP) amendment to allow for the expansion of the Church, including the I paving of the parking lot to the rear of the building and a small parking addition to the front of the building. The applicant is also requesting a variance from the minimum setback requirement from adjacent residential uses (building and parking lot) and the minimum landscape lot area I requirement. Mr. Ringwald noted there were several issues remaining to be resolved subject to the City's I Engineer's letter dated November 21, 1996, when this request was considered by the Planning Commission. One issue was the drainage which has since been modified and resolved by the applicant. Mr. Ringwald explained the site currently contains an unpaved driveway and parking I area. The applicant will improve the current conditions by paving the areas and pulling the parking area away from the residents to the south to provide an increased buffer. The applicant will enhance the existing vegetation on the west side and add plantings on the east side to enhance I the buffer on that side. The applicant will also be improving the handicap accessibility and the exiting from the building. Mr. Ringwald reviewed the Planning Commission's recommendation for approval, subject to the .. following conditions: 1. Compliance with the letter from City Engineer, dated November 21, 1996; I 2. Approval by the Rice Creek Watershed District; 3. The smallest amount of bare ground is exposed for as short as time as feasible; I 4. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established; 5. Methods to prevent erosion and trap sediments are employed; I 6. Fill is stabilized to accepted engineering standards, approved by the city engineer; 7. Provision of a landscape performance bond (125%); 8. Limitation of lighting to current levels and types; and I 9. Maintenance of opacity greater than 60 percent, per the landscape plan. Mr. Ringwald noted the applicant had held an open house and invited all neighbors within 350 I feet of the property. Councilmember Hicks asked if the application had received Rice Creek Watershed District I approval. Mr. Ringwald stated the application is currently in the process of being reviewed by Rice Creek Watershed District. Couneilmember Malone stated he had no objection to the application being that the drainage I issues had been resolved. He noted, however, approval of this application was not intended to set -. I ----~ I .. DfO If\ P:~ ,t,. ~ .;~ /l~i M ~ I ARDEN HILLS CITY COUNCIL - JANUARY.2 ]997 ".- 5 ,. a precedent that a 75-foot setback is not required. This application is a special circumstance and contains an existing condition. The Council is not indicating that a 75-foot setback is not I necessary. Mayor Probst stated he would like to reinforce that approval oftbis application is, in no way, I meant to establish a precedent. MOTION: Malone moved and Hicks seconded a motion to approve Planning Case #96-23, I the Pilgrim House, 1212 West Highway 96, SUP, based on the conditions outlined by the Planning Commission. The motion carried unanimously (5-0). I H. Planning Case #96-26, Betbel College, 3900 Betbel Drive, Amended SUP Mr. Ringwald advised the applicant is requesting approval of an amendment to their Special Use I Permit (SUP) for Bethel College by updating the Master Plan which guides development on the site. I Mr. Ringwald reported there were several issues remaining to be resolved when the application was considered by the Planning Commission. The structure did not meet the setbacks required from the shoreland of Lake Valentine. The applicant has since modified the setbacks to meet the Ie 150-foot setback requirement from the lake. Another issue was a 10-acre parcel that Bethel College owns but is not included in the SUP. Staff has reviewed the legal description and has detennined that the la-acre parcel is not part of the SUP. A third item arose regarding what property is affected by the exception described in the legal description of the SUP. The exception I describes a 3.24 acre parcel located at the southeast comer of Old Highway 10 and Interstate 694. The parcel is not owned by Bethel College and should not be included in the SUP. The Planning Commission requested the applicant prepare a comprehensive traffic impact study. Bethel I College has informed Staff that they have started the process of hiring someone to perform this proeedure. I Mr. Ringwald noted the intent of Bethel College is to try to connect the college campus housing and seminary campus with this Master Plan. The application meets the lot coverage requirements and conditions of the SUP. All outstanding issues of the Planning Commission have been I investigated by Staff or resolved by the applicant. Mr. Ringwald reviewed the Planning Commission's recommendation for approval, subject to the I following conditions: 1. Compliance with the maximum height for structures; I 2. Compliance with the required building setbacks; 3. Compliance with requirements of the Shoreland Management Regulations; 4. Razing the caretakers building at 4040 Old Highway 10 within two years of approval of . this request, or within one year from the date of Bethel College's nClct site plan approval, whichever occurs first; it I __u_______ - ------------ . "-'_'0::', a I D'~) r, ""'1 _ "'=1- -,,'J. l', c ",~ ,., r . ,~.",~,. ARDgN HTT.T.S CITY COUNCIl.. JANUARY 2 1997 ... 6 I 5. Termination of the on-campus Friends of Bethel Christmas Tree sales operation by -- lanuary 1, 1997; 6. Establishment of a review period of 5 years to review general activity on campus. These reviews would look at issues such as emollment trends, any short or long range ehanges in I the site plan or building additions. The first of such reviews would oecur 5 years from the date of approval of this action, unless the College proposes an amendment to the SUP before that date. SUP Amendments will silll require Public Hearings whether or not they I occur at the same time as the regular five-year review; 7. Preparation of a comprehensive traffic impact study, by Bethel College, within one year of approval of this request; and I 8. Modification of the Campus Master Plan, such that all structures meet the minimum requirements of the City Code. Councilmember Hicks asked if Bethel College had a plan for the parcel of land on the west side of I Old Highway 10. Craig HjeUe, Director of Campus Planning, stated there were no plans for that area. I Mayor Probst questioned the disposition of the house that is in disrepair. I Mr. Hjelle explained it is a requirement of this application that the house be razed within two years or within one year from tbe date of Bethel College's next site plan approval, whichever eI occurs first. He stated he has obtained a verbal estimate for this proeedure. He would like to have the house removed sooner but is not certain if there are funds in the budget for this procedure. The house is currently used for storage but there is additional storage available on the I southeast eomer of the site. Councilmember Aplikowski stated she felt the Master Plan looked wonderful. She noted removal I of the building as soon as possible would be healthy for the entire neighborhood. She questioned if the Planning Conunission felt that the walkways and skyways were not in compliance with the City's standards I Mr. Ringwald e'l:plained there had been confusion of the level of detail included in a Master Plan. The architectural details will be included in the specific site plan. I Councilmember Malone noted that condition #8 of the Planning Commission had been satisfied and would not need to be included as part of City Council approval. I Councilmember Hicks asked if the Christmas tree sales operation had been terminated. Mr. Ringwald advised that the Christmas tree sales operation bas been terminated. I MOTION: Malone moved and Hicks seconded a motion to approve Planning Case #96-26, Bethel College, 3900 Bethel Drive, Amended SUP, based on the conditions 1-7 as I outlined by the Planning Commission, with condition 8 being deleted as it has been resolved. The motion carried unanimously (5-0). -. I ----------- I < 01; l\ fT . ~ ,.iJO"'\' I ARDEN HILLS CITY COUNCIl. - JANUARY 2 1'197 --.1. " L Planning Case #96-21, Dan Asbbach, 1580 Oak Avenue, Minor Subdivision/Lot Consolidation I Mr. Ringwald advised the applicant is requesting approval of a modification to a previously approved minor subdivision (lot split and lot consolidation) on a parcel zoned R-l Single Family I Residential District. The applicant received approval in January of 1993 (pC 92-23) from the City for a minor subdivision (lot split and lot consolidation) affecting Tracts A and B. Condition number one of Planning Case 92-23 required the access to Tract B be provided by the private I drive (a.k.a., Tract 0) which was owned by Ramsey County. Subsequently, Ramsey County required the applicant to swap an equitable portion ofland before Ramsey County would allow access to Tract B. The current request facilitates that swap ofland between Ramsey County and I the applicant. Mr. Ringwald reported the applicant is now "requesting approval from the City to, (a) the further I split of the Original Tract B into the proposed Tract B and C thereby allowing the exchange, and (b) the merger of the proposed Tracts Band 0 which will provide the owner of Tract B with aeeess to Lake Johanna Boulevard as required in the January 11, 1993, resolution." I Mr. Ringwald reviewed the Planning Cormnission's recommendation for approval, subject to the following conditions: Ie 1. Compliance with the conditions of Planning Case 92-23; 2. Transfer of Tract C to Ramsey County so that it may be incorporated into Tony Schmidt I Park; 3. Combination of Tract B and D into a single parcel; 4. The smallest amount of bare ground is exposed for as short as tirne as feasible; 5. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod I is established; 6. Methods to prevent erosion and trap sediments are employed; 7. Fill is stabilized to accepted engineering standards, approved by the city engineer; I 8. Provision of an erosion and sediment control plan with the building permit for Tract B, for review and approval by the City Engineer; and 9. Construction of utilities to service Tract B shall be aecomplished in a manner that will I ensure full access to all parcels which have vehicular access onto Tract D. Mayor Probst asked jfthe easement agreement would be assigned to Mr. Ashbach rather than I Ramsey County making this a private access. Mr. Ringwald stated he believed it would as Mr. Ashbach would be the owner of the property. I Mayor Probst suggested the Council may wish to consider a condition be added to the approval to address the private access and future assessments for street irnprovements. I Mr. Fritsinger stated he did not believe the properties which are not included in this application could be included in such a condition. f' I ;i'::'.~ -\ "1:"'-"-'-~;.a . I ~_) ~.f;~~ Jo~ r . ARDEN HILLS CITY COUNCIL - JANTJARY 2 1997. 8 I Jerry Filla, City Attorney, advised that Council can attach a condition of that type to the -- subdivision created by Tract B and Tract C. Upon creation of a future turnback or when the City finances the cost of improvements to County Road E, the assessment package will include Tract o and the four lots to the south. All properties will be affected in a similar manner. The resulting I circumstances of the combination of Tracts B and D will result in a better circumstance for Arden Hill assessments than currently exists. Councilmember Aplikowski asked the width of the road. She stated she shared the concern Mr. . Roach had expressed at the Planning Commission, that there was not access for emergency vehicles. . Mr. Ringwald explained the access is no wider than 30 feet. It is accessible to emergency vehicles but does not facilitate two-way traffic easily. Mr. Roach had requested that the access be made a I City street to aSSure adequate access. This is not feasible as the required amount of right-of-way is not available. Councilmember Hieks confirmed that Tract D by acquiring front footage on Lake 10hanna . Boulevard will provide the City with assessment authority of Tract Band Traet D combined without an additional condition. . Mr. Filla stated this was correet. MOTION: Hicks moved and Keim seconded a motion to approve Planning Case #96-21, Dan .. Ashbach, 1580 Oak Avenue, Minor Subdivision/Lot Consolidation, based on the conditions outlined by the Planning Commission. The motion carried unanimously I (5-0). J. Cardiac Pacemaken/Guidant Loan Agreement . Mr. Ringwald advised the City has a signed loan agreement from Cardiac Pacemakers Incorporated (CPl). The request before the Council is to authorize City Administrator to execute I the loan agreement with CPl. The State of Minnesota granted the City of Arden Hills $300,000 to help support the consolidation and expansion of the CPI facilities in Arden Hills. As part of this grant, the State required the City to provide a forgivable loan to CPl. The temJ.S of the I forgivable loan are three (3) percent for five years with 50 percent ofthe loan being forgiven on August 12, 1999 if CPl has retained 540 jobs and has created 70 jobs. The remainder of the loan will be forgiven on August 12, 2001 if CPI has continued to retain the 540 jobs and 70 jobs I previously created. Councilmember Malone confirmed there are no payments made to the City unless CPI defaults. . Mr. Ringwald stated this is correct for this loan. He noted this is typieally not the procedure with these types ofloans. I -. I - I' i:) ~~.~~ .-,..2."i;" J" ij I ARDiltHTT IS CI'IY_COUNCIL - JANUARY 2 1997 9 " Mr. Fritsinger explained Staifis currently working with the State for an additional $300,000 Phase II grant to CPr. Staff is attempting to negotiate with the State the ability to obtain a I portion of those funds for City economic development purposes. Councilmember Hicks noted the grant afforded the City the opportUnity to retain a healthy I business in the cotwnUnity. MOTION: Hicks moved and Keim seconded a motion to authorize the City Administrator to I execute the loan agreement with Cardiac Pacemakers Incorporated. The motion carried unanimously (5-0). K. Ma Ma D's Wine License Application I Mr. Fritsinger advised the City Council is asked to consider the approval of a wine and malt liquor I license for Ma Ma D's Restaurant, which is opening on January 6, 1997, at Arden Plaza. They had requested an on-sale wine and beer license but when told they would need a full on-sale license, the applicant elected to pass on the wine license. The applicant has submitted all I documentation required as part of this application. Attorney Filla has reviewed these items and found everything to be in order. Background checks were conducted by the Sheriff and no items of concern were identified. Staifis still waiting to receive the insurance documentation. Mr. F ritsinger stated he had spoken with the insurance agent today and he has confirmed all insurance Ie is in place. Mr. Fritsinger requested Council approval of the wine and malt liquor license for Ma Ma D's I restaurant subject to receipt of insurance documentation by the City of Arden Hills. MOTION: Hicks moved and Aplikowski seconded a motion to approve a wine and malt I liquor license for Ma Ma O's restaurant at 3551 Lexington Avenue subject to receipt of the insurance documentation by the City of Arden Hills. The motion carried unanimously (5-0). I L. Purchase of Street Sweeper I Dwayne Stafford, Public Works Superintendent, advised that the City of Arden Hills currently owns one (1) 1980 Elgin Street Sweeping Machine. This was a used machine when purchased in 1988, and was previously owned by the City ofEau Claire, Wisconsin. The trend of most cities is I to replace a street sweeper when it is 8, 10, or 12 years old. The Public Works Department of Arden Hills has budgeted $110,000 for the replacement of this machine in 1997. Discussing this with the sales representatives for this brand of sweeper, Staff feels this is a reasonable figure I which should cover the maehine and sales tax costs. This is a unique brand of street sweeper whieh is difficult to bid. I Mr. Stafford explained the State of Minnesota purchasing department has in place a Cooperative Purchasing Venture, which allows members of this agreement to purchase equipment and it materials at the State's bid price. These items have previously been bid to state specifications, I ___n____ -------------- --- L.;' ,.~ .... -J ;J 'I ~j ~ ARDEN HILLS CITY COUNCIL - lANUAE,X4 1997 10 I and contracts have been awarded for established time periods. If the City is a member of the -- State of Minnesota Cooperative Purchasing Venture Program, they may buy directly off the state contract. This meets bidding requirements and eliminates the need to advertise for bids. This I would also e1iminate legal disputes, when not proceeding with the lowest bid, and simplify specification writing as you can use the state specifications. Mr. Stafford explained the State contract for the street sweeper purchase was awarded to Mac I Queen Equipment Company of St. Paul. This company contracts with the Elgin Pelican hrand, which the City of Arden Hills is interested in. Mr. Stafford reported he and City Accountant Post had met with a representative of Mac Queen Equipment Company and they have agreed to I purchase the current sweeper for $12,000 at the time of delivery ofa new sweeper or $13,000, if they can take possession in January, allowing them time to refurbish it before spring. Mr. Stafford advised the cost of a City membership in the State of Minnesota Cooperative I Purchasing Venture is $350 annually and membership is not required every year. The cost of a new Elgin Street Sweeper form Mac Queen Equipment Company o[St. Paul, utilizing the state I bid, including trade-in and salestax would be $85,41194. This is below the $110,000 budgeted by the Public Works Department. Mr. Stafford asked the Council to consider approval to join the State of Minnesota Cooperative . Purchasing Venture and purchase the new Elgin Street Sweeper through the state bidding process. .. City Accountant, Terry Post, noted that the total $110,000 capital item is budgeted, $55,000 from the general fund and $55,000 from the surface water management utility fund. He also noted a I $12,000 trade-in amount was budgeted as 1997 General Fund Revenue. He noted the state bid has been for a two year fixed price for the street sweeper and this is the last quarter this fixed price will be in effect. I Councilmember Malone questioned the delivery date of the street sweeper. Mr. Stafford advised the street sweeper should be delivered by spring. Ifthere was a delay, Mae Queen Equipment I Company will loan the City another sweeper on a no cost basis. Couneilmember Hicks asked if this street sweeper would include a broom on the right side only. I Mr. Stafford explained Staff has requested the left side gutter broom be deleted for a savings of $4,000. They have requested the addition of an automatic lubrication system which will apply constant lubrication to the bearings at an additional cost ofapproximately $7,000. I MOTION: Keirn moved and Malone seconded a motion to approve the City of Arden Hills to join the State of :Minnesota Cooperative Purchasing Venture, at a cost of$350 I annually and approve the purchase of a new Elgin Street Sweeper from Mac Queen Equipment Company ofSt. Paul, :Minnesota in the amount of$93, 199, less $13,000 for trade-in and sales tax of$5,212.94 for a total cost of$85,41 1.94. The I motion carried unanimously (5-0). .. I ----- I' f::) .,', b ~ " c ,. _.', .~.. _, ,\ -' ~:~ -' ~1 '\'. ir"'~'':1. ~ . I ARDEN mLLS CITY COUN~lL - JANUARY 2 1997 11 ~ ADMINISTRATOR COMMENTS I Mr. Fritsinger reported an offer has been made to a candidate for the building inspector position. The individual will be responding on Monday or Tuesday of next week. I Mr. Fritsinger reported he has met and interviewed with an individual in regard to the taping of the City Council meetings He stated he felt this was a good candidate and he will be speaking with the City of New Brighton tomorrow to gain their approval. He noted the individual is also I involved with the Cable Commission and will have access to equipment which can be used at other locations. I Mr. Fritsinger suggested the Department Head-CollOeil Retreat be held on either February 7 and 8,1997, or February 21 and 22, 1997. There was Council consensus that neither of these dates would work. Staff was directed to detemrine an alternate date for the retreat. I COUNCIL COMMENTS I Councilmember Hicks noted a letter received complimenting the Public Works Department on their quality snowplowing. He thanked all the City of Arden Hills Stafffor the good job done last year. Ie Mayor Probst noted the Ramsey County reception for the new Commissioners will be held on January 7, 1997. I Mayor Probst noted the National League of Cities Annual Congressional City Conference is scheduled for March 8-11, 1997. He also reminded Couneilmembers ofthe Minnesota Cities Conference which is coming up soon. He encouraged Councilmembers to attend either or both of I these conferences as they offer valuable opportunities. Mayor Probst noted an article in the League of Cities monthly paper in regard to St. Paul's I recently adopted right-of-way ordinance. He stated this may be an area for the City of Arden Hills to address as part of the recodification process. I Mayor Probst stated his intention by the appointments to Commission, Committee, and Task Forces was not to discontinue the work of the existing committees but to continue the existing committees until such time as Councilmembers and Staff have the opportunity to work the I situation out as the City moves into 1997. He noted he had discussed the issues of Council liaison and Staff time as it relates to these commitments with Mr. Fritsinger. Mayor Probst suggested the task forces be staggered throughout the year. I Councilmember Aplikowski noted her concern that the Ramsey County League of Cities and the Finance Committee meetings were scheduled to be held on the same night. I t- I .. - - .u I ARDENHIU,S CITY COUNCIL- JANT1ARY2 )997 12 I ADJOURN -- MOnON: Malone moved and Aplikowski seconded a motion to adjourn the meeting at 8:24 p.m. The motion carried unanimously (5-0). I Dennis Probst Brian Fritsinger I Mayor City Administrator I NOnCE OF MEETINGS 1 The next regular City Council meeting will be held January 13, 1997, at 7:30 p.m. at the New I Brighton Council Chambers. I .. I I I I I I I .. I I DRAfT I " MINUTES CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING JANUARY 7, 1997 I 6:30 P.M. - CITY HALL CONFERENCE ROOM I CALL TO ORDERlROLL CALL I Pursuant to due call and notice thereof, Mayor Probst called to order the Special City Council meeting at 6:30 p.m. Present: Mayor Dennis Probst; Councilmembers Dale Hicks, Paul Malone and Beverly . Aplikowski, with Councilmember Susan Keim arriving at 6:45 p.m.. . Also present was: City Administrator, Brian Fritsinger. AGENDA ADOPTION I MOTION: Aplikowski moved and Hicks seconded a motion to adopt the agenda for the January 7,1997 Special City Council meeting as presented. The motion carried .. unanimously (4-0). PLANNING COMMISSION INTERVIEWS . Mayor Probst gave an overview of the purpose of the meeting, and stated that approximately fifteen minutes had been allotted for each of the eight candidates applying for the two Planning Commission vacancies. I Those interviewed were Roger Aiken, Todd Albertson, Stephen L. Baker, Terri G. Duchenes, I Therese Galatowitsch, James D. Johnson, Clayton Larson and Jay Schrankler, respectively. MOTION: Malone moved and Aplikowski seconded a motion, ratifying Mayor Probst's I appointment of Ms. Terri Duchenes and Ms. Therese Galatowitsch to serve on the City's Planning Commission for the 1997 calendar year. After discussion, Malone withdrew the motion. . Further discussion ensued. I MOTION: ApIikowski moved and Hicks seconded a motion, ratifying Mayor Probst's appointment of Ms. Terri Duchenes and Ms. Therese Galatowitsch to serve on the City's Planning Commission for the 1997 calendar year. Motion carried I unanimously (5-0). .. I DRAfT I ARDEN HILLS CITY COUNCIL - JANUARY 7 1997 2 I ADJOURNMENT -- MOTION: Malone moved and Hicks seconded a motion to adjourn the meeting at 9:45 p.m. I The motion carried unanimously (5-0). I Dennis Probst Brian fritsinger I Acting Mayor City Administrator 1 I I eI I I I I I I I .. I 1 . CITY OF ARDEN HILLS PAGEIOF2 . ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT THE 01/13/97 COUNCIL MEETING ,. . CLAIMS PAID SINCE LAST COUNCIL MEETING (01/02/97) . ,I elC..- ICK,DAmlwNDOR I AMoONT I . COMMENTS .Ld " I ! " 11458 01/03/97 North Suburban Chamber of Commerce ! 45.00 "State of the Cities" Meeting 01/16. Probst, Fritsin.er and Rin1!Wald I 11459 01/03/97 Postmaster, St. Paul 170.00 First Class Presort Fee and Bulk Fee for 1997 11460 01/03/97 Met Council Environmental Services 48.322.00 Sewer Charges - J anuarv 11461 01/03/97 Green Acres 39.00 Vacation Dav Event 01/03 iI ---.-- CPV Annual Membership I 11462 01/03/97 State of Minnesota CPV Pro.ram 300.00 I 11463 01/03/97 West Weld 55.65 Shoo Suoolies 11464 01/03/97 ! State of Minnesota - CPV Pro.ram 50.00 Additional Amount CPV Annual Membership 11465 01/10/97 Public Emplovees Retirement Association 2,378.05 First January Payroll 11466 , 01/10/97 leMA Retirement Trust 1,121.92 First January Pavroll . 11467 01/10/97 State Capitol Credit Union 2 803.95 . First Januarv Pavroll I - . I II Subtotaf' Paid Claims 55.285.5711 I Ie I 11 I 1 Paid Claims From Above - 55.285.57 I Add Unpaid Claims. Page2 of2 176,424.78 Total Accounts Payable Claims for Council Approval, 01/13/97 231 710.35 . I I I . . I c""""" .. . ----- I , CITY OF ARDEN fiLLS PAGE20F2 I . ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01113/97 COUNCIL MEETING UNPAID CLAIMS REGISTER: IIIt'EMP#I.cg:OAt'EIVE-NOOll._ AMOUNT I COMMENTS . 1 I - 1 TOOl 01114197 Abdo. Abdo & Eick 1.000.00 Preliminarv Audit throulUI 12131196 I T002 01114197 Accurate Press, Inc. 750.83 5,000 Printed Envelooes & Letterhead -- T003 01114197 Advantal!e Paner 247.51 Roll Paoer Towels T004 01114197 Aloha Video and Audio. Inc. 3.134.48 Wireless Mike System I T005 01114197 Ancom Communications, Inc. 2,510.76 Four Radios / Accessories Parks and P.W. T006 01114197 Animal Control Services, Inc. 127.50 Do.1 Cat Enforcement, 12119 12131/96 T007 01114/97 Apple Business Forms, Inc. 141.53 2,500 Utility Statements T008 01/14197 Association of Metropolitan Municipalities 2.693.00 Dues for 1997 I T009 01/14/97 AT&T (Kansas Citv) 12.54 Current Invoices - Long Distance TO 10 01114197 Beisswenger's How-To Store 75.26 December Purchases - Parks and P.W. TOll 01/14/97 Bifrs. Inc. 47.01 Portable Toilets December, Four Rinks T012 01/14/97 Boyer Ford Trucks. Inc. 13.32 Vehicle #101 Miscellaneous Parts I T013 01/14/97 Lu Ann Brunn 200.00 Citv Hall Janitorial Services. 12/15 01/15197 T014 01/14/97 CDP Ima.in. Systems 3,373.27 Copier Maintenance Contract 1997 T015 01/14/97 Crysteel Truck Equipmen t, Inc. 111.83 Vehicle #107 - Miscellaneous Parts I T016 01/14/97 Focus News 102.73 Three Le.al Notices Plannin. I T017 01114/97 Frattallone's Hardware Stores 5.93 December Purchases T018 , 01/14/97 Gallagher's Service. Inc. 179.65 Service - December 19% , T019 i 01/14197 GlenwoodInclewood 12.67 Service December 1996 I T020 01114197 J.C. Auto Supply, Inc. 30.48 Vehicle #101 - Air Filter T022 01114/97 Kath Auto Parts i 907.23 December Purchases Parks and P.W. T023 , 01114197 Raymond Kreps 10.00 Refund - Dog License T024 01114197 Labor ReI ations Associates, Inc. 1,288.00 Professional Services, 09/24 11105196 Ie T025 01114197 Lake Johanna Volunteer Fire Department 80,500.00 First Half of 1997 Contract T026 01114197 Mankato State University 5.00 Seminar - Petersen T027 01114/97 City of Maolc Grove 24.00 Tu. Mailin. Dues for 1997 T028 01114/97 Metropolitan Council Environmental Services 891.00 Sac Remittance December 1996 I _! T029 01/14/97 Minar Ford 88.00 Vehicle #106 - Brake Repair ii T030 01/14/97 MN Government Finance Officers Assoc. 15.00 Dues for 1997 (Minnesota GFOA) T031 01/14/97 Minnesota M~yors Association 20.00 Dues for 1997 I T032 01/14/97 Minnesota State Treasurer 1,261.49 Buildin. Surchar.e Report 4Q96 T033 01/14/97 MN Counties Insurance Trust 125.00 Association Membership Dues T034 01/14/97 MN Department of Agriculture 10.00 Renew Pesticide License - Winkel T035 01/14/97 Municilite COf!!Rany 283.58 Vehicles #19 and #101 - Strobe Lights I T036 01/14/97 National Surface Cleanin. 5.00 Refund - Overpayment Sign License, 97-98 T037 01/14/97 Northern States Power Comnanv 4,982.61 Current Invoices T038 01/14/97 Eu.ene F. Pakoy 15,128.30 Heatin. Inspections. Sept. Dee.. 1996 T039 01/14/97 Tracy Petersen 97.96 Reimb. - December Milea~e & Suoolies II I T040 01/14/97 Plaisted Companies, Inc. 1.956.36 Road Materials T041 01114197 Proex Photo Systems 14.14 Film Developed Code Enforcement --ID_42 01114197 Ramsev Ctv. League of Local Governments 1 540.20 Dues for 1997 (RCLLG) I T043 01114197 Ramsey County I 49,309.00 Law Enforcemen t January i 1,132.50 Special Assessment Administrative Char2.es , T044 01114197 Judy Sonda. 27.00 Refund "Doodle Mania" T045 01114197 St. Paul Book & Stationerv 91.00 December Purchases I T046 01114197 T.C. Field & Company 466.00 Suretv Bond - 1997 T047 01114197 Timesaver Off Site Secretarial 153.00 Council Meetin.. 01/02 T048 01114/97 United States Postal Service 400.00 "Posta2e by Phone" for Office T049 01/14/97 University gf Minnesota 300.00 Seminars 01/22 and 03/12 Fritsin2:er I T050 01/14/97 US West Communications 1.300.36 Current Invoices T051 01/14/97 Cynthia Walsh 76.20 Reimburse December Mileal!e T052 01/14/97 Zaht Eouinment Comnanv 246.55 Fuel Purno. Hose and Nozzle .. 1 Total Unpaid Claims t76,424.781 CLOM~ I I I ~ i......~~~ ~~~~ ~~~~~ ..- .. ~ ~ ~ ~ I ~ .". 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',1 ~ r;; ~ ~ ~ I':;;: ~ ~ ~ ~ ~ !;;: ~ ~ 11l r;: ~ r;:] ~ ~ ~ tr; ~ ~ S ::0 f& (d ;$ :f; :s ~ [8 ~ r.- :-':'Z' ~ ~ ~ ~ ~II ~ ,...., ,...., ,...., ,...., ,...., ~ ,...., ~ ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., ,...., '" It)" .... . ~ ~ ~ ~ ~,,~ ~ ~ ~ ~ ""I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ----------- ------- ------.. --- --- I I. CITY OF ARDEN HILLS MEMORANDUM I DATE: January 8, 1997 I TO: Brian Fritsinger, City Administrator Terrance Post, City Accountant@ V'), I FROM: Dwayne Stafford, Public Works Superintendent I SUBJECT: Request to Increase Sweeper Purchase Cost Background 1 At the January 2,1997 Council meeting, Council approved the $85,411.94 ($80,199.00 net cost after trade-in, plus $5,212.94 sales tax) purchase of a new Elgin Pelican SE street sweeper. I Requested Additional Options Prior to placing the order with MacQueen Equipment, Inc., additional options not on the State I bid package were evaluated and are now being recommended as additional factory installed options. They include the following: - I. Interior wiring and switches to accommodate cab mounted safety strobe lights. 2. A pre-filter system prior to the engine air cleaner to reduce maintenance costs. , An anti-syphon device to prevent backflow when hooked up to hydrants as J. I mandated by State law. 4. A lower roller washout system to reduce maintenance costs. 5. Custom paint from "Pelican white" to Arden Hills beige (Dupont #6742). 1 The total additional cost for these options is $801.00, with the factory custom paint ($225.00) being particularly cost effective. I Recommendation I The Arden Hills City Council should consider, under the consent calendar at the January 13, 1997 regular Council meeting, approving the addition of $80 1.00 in factory options as part of the 1997 sweeper purchase capital item. I This action would result in a revised total sweeper cost of $86,265.00 ($81,000.00 net cost after trade-in, plus $5,265.00 for Minnesota sales tax.) I TRPlsls I ~ I .- I" .... I CITY OF ARDEN HILLS it MEMORANDUM DATE: January 10, 1997 I TO: Mayor and City Council --,-<~, I FROM: Brian Fritsinger, City Administratdt0' SUBJECT: Codification Review of Chapters 4 and 5, Arden Hills Municipal Code I Background I The City Council has from time-to-time, as the League of Minnesota Cities submits completed chapters to the City, reviewed portions of the Arden Hills City Code. To-date, the City Council has reviewed chapters I and 2. Chapter 3 is anticipated to be presented at the January 27, 1997 I Council meeting. The following will address the issues identified by staff and/or LMC in the order that they are found. I Chaptcr 4 - Animals and Pets Revised chapter 4 is the current chapter 5.5. This chapter was reviewed by the City Council in 1994, and based on the recommendations of the animal control officer, it was revised at that .. time. In rewriting this chapter, the LMC has suggested only minor corrections. The City Council may wish to discuss several areas of the chapter which were added in 1994 and I the merits of these sections. . Pa~e 4-2. Subd. 3 I The LMC has questioned consistency with Section 420. This refers to residential kennel structures, and Section 420 refers to permitting for kennels. This is not inconsistent. I . Pa~e 4-16. Section 420 - Kennels The Council added this to require the permitting of kennels. To-date, the City has I permitted less than a handful of kennels. . Pa~e 4-13. Section 430 - Cats I This section was new in 1994. As with kennels, the City has issued very few licenses for cats. The Council also has restricted enforcement of this section because of the cost incurred in catching and holding stray cats. I I if I .... "I Memorandum - Codification Review of Chapters 4 & 5, Arden Hills Municipal Code I Page Two January 10, 1997 .. Chapter 5 - Alcoholic Beverages Revised chapter 5 is the current chapter 3. LMC answers several of my initial questions I regarding the use of alcohol in Arden Hills. Some changes identified are substantial, however, most are minor in nature. . Paf:e 5-1. Subd. 1 I The term non-intoxicating is no longer used. . Page 5-2. Sub. 4 I I had inquired about the relationship to zoning - no problem. . Page 5-2. Subd.5 I had inquired about the relativity of this definition - no problem. I . Page 5-2. Subd.6 I had inquired about bowling alleys - no problem. I added the last sentence allowing for entertainment as allowed by State law. I . Page 5-3. Subd. 7 I had inquired about the relationship to zoning - no problem. Term "motel" was added. . Pagc 5-5. Subd. 3 I I requested the addition of a reference to nudity. . Pagc 5-5. 510.01. Subd. 1 The City Council may wish to consider adding "temporary" licenses for special events or ~ "on-sale beer" licenses. The on-sale beer license was the type oflicense Ma Ma D's requested. It allows for the on-sale of strong beer. I . Page 5-6. D - Club Licenses The Council may wish to specify the requirement to mean that the club must exist within the City limits. I . Page 5-8. F New language recommended by the LMC. . Page 5-9. Subd. 5 I This subdivision has been reorganized to make easier reading. . Paf:e 5-11. E Language has been broadened to clarify area. I . Page 5-13. C. 2 Language dcleted will now allow for payment of annual fees rather than quarterly. . Pa!!'e 5-15. Subd. 8 I I had asked if othcr cities were eliminating this section as a result of changes in State requirements. The City has benefited from this section and may desire to keep it. I . Page 5-16. Subd. 9 I had asked if we should hold a public hearing for all new licenses. The current code states, "if it deems it advisable," the Council can hold a hearing. Council should provide I direction. -- I - - ,.. ~e Memorandum - Codification Review of Chapters 4 & 5, Arden Hills Municipal Code Page Three January 10, 1997 I . Page 5-18. Subd. 14A I The transfer fee has been changed from $100 to an amount fixed from time-to-time by the Council. . Paf:e 5-18. Subd. 14B I This section deleted on recommendations ofthe LMC. . Pa!!e 5-20. Subd. J-e State law now allows for sales on Christmas Eve, City option. I . Paf:e 5-22. Subd. 1 I inquired about this language and its affect on employees like cooks or buspeople. Both suggestions are revisions from current code. I . Page 5-23. Subd. 3 New language. . Page 5-28. Subd. 5-B. C & D I New language. . Page 5-30. Subd. 6. B. 5 New language. I . Pa~e 5-32. Seetion 520-04 New language. . Pa~e 5-33. Section 520-09 .. New language. I Requested Action The City Council is asked to provide staff direction as to additional changes or comments regarding Chapters 4 and 5 of the revised Arden Hills Code. I BF IsIs I I I I I I' I - ------------ - --------- --- I City of Arden Hills Chapter 4 Animals and Pets I " I Chapter 4 Animals and Pets' l'S!lk: This Chapter has been reorganized and updated to incorporate Ordinances 300 and 301 as I submitted by the city. I Section 400 - General I 400.01 Definitions. The following definitions shaIl be used in the application and interpretation I of the provisions of this Chapter: "- . Subd. 1 Dog. "Dog" shaIl mean any male or female member of the Canine species of .. animal commonly accepted as domesticated household pets,andotherdolllesticated I mixed breeds primarily of the dog kind. The definition shaIl notllpplytotypicallynon domesticated breeds of the species such as wolves and hyenas, orto mixed breeds not I predominantly of a dog breed. ef t:'ae CaniJ ge.fi1:1J of B.nima13. I Subd. 2 Commercial Kennel. "Commercial Kennel" shaIl mean any structure I specifically designed and used for the commercial breeding, sale, or harboring of three I (3) or more dogs that are more than three (3) months old. I I f' 'State law references- Authority to regulate animals, Minn. Stat.g 412.221(21); animals generaIly, Minn. Stat. Ch. 346. I 4 - 1 ------ --------- ------ -------- ---- I City of Arden Hills Chapter 4 Animals and Pets I Subd. 3 Residential Kennel. "Residential Kennel" shall mean any structure .. specifically designed and used for the non-commercial harboring of up to three (3) dogs that are more than three (3) months old, in conjunction with a residential use of property. I ~: This subdivision is not consistent with Section 420. Should this read over two I dogs instead of up to 3? I Subd. 4 Owner. "Owner" shall mean any person, firm or corporation owning, I harboring or keeping a dog. 1 ~- Subd. 5 At Large. "At Large" shall mean any dog that is off the premises of its owner . and not effectively restrained by the use of a chain or leash not to exceed eight feet in .. length, cage or kennel, or otherwise physically restrained. I Subd. 6 Nuisance. "Nuisance" shall mean any dog which habitually or frequently barks I or cries; frequents school grounds, parks, or public beaches; chases vehicles; molests I or annoys any person away from property other than that of the owner; is repeatedly found running at large; or attacks other animals. I I Subd.7 Local Animal Control Officer. "Local Animal Control Officer" shall mean any person employed or contracted by the City for the purpose of aiding in the I enforcement of this Chapter. The duties of a local animal control officer may be I assigned to the city's law enforcement agency. .. 4-2 I -- .' City of Arden Hills Chapter 4 Animals and Pets . It Subd.8 Diseased Dog. "Diseased Dog" shall mean any dog which has been found to be infected with any disease which may creates a risk to the public safety. I I Subd. 9 Domestic Animal. "Domestic Animal" shall mean any domesticated dog or I cat commonly accepted as household pets. I Subd. 10 Wild or Exotic Animal. "Wild or Exotic Animal" shall mean any mammal, I amphibian, reptile, or bird which is of a species not usually domesticated and of a species -- which, due to size, wild nature, or other characteristics, is dangerous to humans and I would ordinarily be confined in a zoo or found in the wild. The term shall include .. animals and birds the keeping of which is licensed by the State or Federal government, I such as wolves, raptors, and pheasants. The term shall also include, but not be limited to, the following: I I A. Any large cat of the family "felidae", such as lions, tigers, jaguars, cougars, leopards, and ocelots, but excluding commonly accepted domesticated house cats. I I B. Any member of the family "canidae", such as wolves, coyotes, dingoes, and I jackals, but excluding commonly accepted domesticated dogs. I C. Any crossbreed such as crossbreeds between dogs and coyotes, or dogs and f' wolves, but excluding crossbreeds between species of dogs or cats. I 4-3 ---- City of Arden Hills Chapter 4 Animals and Pets '1 1 D. Any poisonous or venomous snake such as a rattlesnake, coral snake, water -- moccasin, puff adder, or cobra, regardless of whether the snake has be de-fanged ordevenomized. I I E. Any snake or reptile which by its size, vicious nature, or other characteristic is I dangerous to human beings. I F. Any skunk, raccoon, or fox, whether captured in the wild or domestically raised, I -, and whether descented or not descented or vaccinated against rabies. I G. Any bear, ape, gorilla, monkey, chimpanzee, or badger. .. H. Any Vietnamese pot-bellied pig. I I I. Any other animal, bird, or reptile which is commonly considered wild and not I domesticated, or which is prohibited by State or Federal law . 1 400.02 Quarantine of Biting Animals. Whenever any dog or other animal has bitten any person I and has caused an abrasion or puncture of the skin, the owner of the dog or animal shall immediately cause the dog or animal to be quarantined for a period of ten (10) days after the I person has been bitten by the dog or animal. During the quarantine period, the dog or animal shall I be kept under observation to determine its condition, and at the end of the quarantine, a report .. 4-4 I I City of Arden Hills Chapter 4 Animals and Pets . " shall be completed by the local animal control agency or a licensed veterinarian detailing the proper disposition of the dog or animal. No dog or other animal shall be destroyed unless the dog I or animal shows the visible clinical signs of rabies during the period of quarantine. The owner of I the dog or animal shall be responsible for the cost of the quarantine. I 400.03 Registration. I I Subd. 1 License Required. Every owner of a domestic animal more than three (3) months of age shall cause the animal to be registered, numbered, described and licensed through the I office of the City Administrator. The registration, numbering and licensing shall be for one .. year for the animal while owned or kept by the same person and while living at the same address within the City. A change in owner or address shall require a new duplicate tag to I be issued. The license shall be a metal tag issued by the Administrator. . I Subd. 2 Fees. I A. The fee for registration, numbering, description and licensing shall be as established . from time to time by Council resolution. I B. Duplicate licenses for lost tags or the changed address of the owner shall be issued I upon application to the City Administrator, and payment of the fee as is required from ~ time to time by Council resolution. I 4-5 ------- I City of Arden Hills Chapter 4 Animals and Pets I Subd. 3 License Tag Nontransferable. No owner of any domestic animal shall transfer the -- animal's license tag to any other animal, or place or permit to be placed the tag of any animal, on any animal other than the one for which the tag was originally issued. I I Subd. 4 Rabies Vaccination Required Prior to Issuance of License. Before any license I shall be issued for any domestic animal, the applicant for the license shall furnish a certificate from a licensed veterinarian that the animal has received a rabies vaccination within one year. I Subd. 5 License and Vaccination Tags to Be Affixed to B6g Collar. Every owner of a I domestic animal of more than three (3) months of age shall at all times place and keep around I the neck of the animal, a collar upon which shall be securely affixed the metal tag license .. provided for in Subd. 1 above and a valid rabies vaccination tag. I Subd. 6 Counterfeit Tags. No person shall make, sell or purchase any false or counterfeit I license tag, or place or permit to be placed any such false or counterfeit tag on any domestic I animal owned or kept by him or her. I Subd. 7 Records to Be Kept by City. The City shall maintain in books provided for such I purpose, a record of all licenses and tags issued, with the name and residence of the person(s) to whom the license was issued, and the number designated upon the metal license tag. I I .. 4-6 I ------------ ---------- .' City of Arden Hills Chapter 4 Animals and Pets I " 400.04 Citations and Impoundment. I Subd. 1 Authority to Impound, Issue Citations. Any domestic animal found in violation I of the provisions of this Chapter may be seized and impounded by any police officer or any I animal control officer of the City; provided, however, that if the owner of the animal is known or can be ascertained from available information, it shall be returned to its owner and I a citation for the violation shall be issued to the owner of the animal, unless otherwise I provided in this Chapter. ~. I Subd. 2 Place of Impoundment. Impoundment may be in an animal shelter, within or .. without the city, as the Council from time to time may designate by resolution as the "City Pound. " I I Subd. 3 Notice to Owner. The owner of any domestic animal impounded under the I provisions of this Subsection, if his or her identity and location can be obtained by reasonable means, shall be notified within twenty-four (24) hours that his or her domestic animal has I been impounded. I Subd. 4 Redemption by Owner. Any domestic animal impounded pursuant to the provisions I of this Subsection may be redeemed from the pound by its owner within five (5) regular I business days after the impoundment upon payment to the City Administrator of the fI impoundment fee as is from time to time established by City Council resolution, plus, in the I 4-7 City of Arden Hills Chapter 4 Animals and Pets I I event the animal is not licensed, the license fee required pursuant to Subsection 400.03. -- Subd. 5 Release. Upon the presentation of proof of a valid license for the domestic animal I and payment of the fees provided in subdivision 4, the poundkef'per shall release the animal I to its owner. The poundkeeper shall further take such steps as are necessary to cause the owner of the animal to be charged with any violation of this Chapter which gave rise to the I impoundment of the animal. I Subd. 6 Redemption by Person Other than Owner. If the owner of any domestic animal I impounded under this Subsection shall fail to redeem the animal within five (5) regular I business days after its impoundment, any other person may, upon complying with the .. provisions of this Subsection, redeem the animal from the pound and be the lawful owner of the animal thereafter. If the animal has been requested by a licensed educational or scientific I institution under Section 35.71 of Minnesota Statutes, then it shall be given to the institution I and shall not be sold. I Subd. 7 Disposition of Unredeemed Domestic Animals. All domestic animals impounded I under this Subsection which have not been redeemed or purchased as authorized in this I Section may be disposed of in a humane manner by the poundkeeper or any police officer. I Subd. 8 Interference with Officers. It shall be unlawful for any unauthorized person to I break open the pound or to attempt to do so, or to take or let out any animal therefrom, or .. 4-8 I - I' City of Arden Hills Chapter 4 Animals and Pets 1 " to take or attempt to take from any officer any animal taken by him or her in compliance with this Chapter, or in any manner to interfere with or hinder an officer in the discharge of his I or her duties under this Chapter. I I I I -. I .. I 1 I I I I I ~ I 4-9 ~ -------- City of Arden Hills Chapter 4 Animals and Pets I I Section 410 - Dogs . -- 410.01 Running at Large; Control. No owner 8f keeper of any dog shall permit the dog, I whether licensed or unlicensed, to run at large. I 410.02 Owner to Clean up after Dog. Any owner of any dog in a public place shall be I responsible for cleaning up any feces of the animal and for disposing of the feces in a sanitary I manner and shall while with the dog in public have in his or her possession a device or equipment I for picking u and removal of the feces. This subsection shall not apply to guide dogs accompanying a blind person, or to a dog used in police or rescue activities. I 410.03 Owner to Prevent Nuisances The owner er ell:ltedial'l of any dog shall prevent the dog .. from committing in the City any act which constitutes a nuisance. I I 410.04 Habitual Howling and Barking Dogs Unlawful. No owner shall allow his or her dog I to unreasonably disturb the peace and quiet of any person by frequent and habitual howling, yelping, barking. It shall be prima facie evidence that a dog is unreasonably disturbing the peace I if it has been repeatedly barking, howling, yelping, or making other similar noise for at least five I minutes with less than a one minute lapse during that five minutes and the barking, howling, yelping, or other similar noise is audible off of the premise where the dog is being kept. I I 'State law reference- Dogs, Minn. Stat. Ch. 347. Ordinances 300 and 301, 1994. -- 4 - 10 I 1 City of Arden Hills Chapter 4 Animals and Pets I " 410.05 Diseased or Vicious Dogs. No person shall keep or allow to be kept on premises occupied by him or her, or permit or allow to run at large, any diseased dog or any dog of a I ferocious or vicious character, habit or disposition. I I 410.06 Destruction of Certain Dogs. I A. Upon sworn complaint that anyone of the following facts exist: I 1. That any dog at any time has destroyed property or habitually trespasses in a I damaging manner on the property of persons other than the owner; .. 2. That any dog at any time has attacked or bitten a person outside the owner's or I custodian's premises; I I 3. That any dog is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets; or I I 4. That any dog is a public nuisance as defined in this Chapter; I the city shall petition the appropriate court for a summons directing the owner of the dog I to appear before the court to show cause why the dog should not be seized by any police f' officer or Local Animal Control Officer, or otherwise disposed of in the manner I 4 - 11 -- - I City of Arden Hills Chapter 4 Animals and Pets I authorized in this Section. The summons shall be returnable not less than six (6) nor -- more than ten (10) days from the date thereof and shall be served at least ten (10) days before the time of the scheduled appearance. I I B. The court may either order the dog killed or destroyed in a humane manner, or order I the owner or custodian to remove it from the City, or order the owner or custodian to keep it confmed to a designated place. If the owner or custodian violates the order, any I police officer or local animal control officer may impound the dog and comply with the I -. court order. I 410.07 Muzzling Proclamation by Mayor. Whenever the prevalence of rabies renders such .. action necessary to protect the public health and safety, the mayor shall issue a proclamation I ordering every person owning or keeping a dog to confine it securely on his or her premises unless it is muzzled so that it cannot bite. No person shall violate the proclamation, and any I unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the I police without notice to the owner. I 410.08 Violation; Penalties. Violations of this Section shall be a misdemeanor and, upon I conviction thereof, shall be punishable by a fine and/or imprisonment to the ej(te!lQl.tlcthgl:i.ze<1 by I law for a misdemeanor. a finl: 5e fl5t t5 exeeea three hUflarea a5llars ($300.00) 5r impriJ51lftl.eflt fm II peri5a liet te exeeea fliflety (90) all)3, or both ($799?). The minimum fme for the first I offense of a dog shall be twenty-five dollars ($25.00). The minimum fine for any subsequent .. 4 - 12 . 1 City of Arden Hills Chapter 4 Animals and Pets I " offense by the same dog shall be fifty dollars ($50.00). I I Section 420 Kennels I 420.01 Licenses and Permits Required. I Subd. 1 Commercial Kennel. It shall be unlawful for any person to operate a commercial I kennel in the City without first having obtained a commercial kennel license and a Conditional Use Permit under the City's zoning ordinance. I .. Subd. 2 Residential Kennel. It shall be unlawful for any person to keep more than two (2) I dogs over the age of three (3) months in a residential dwelling unit without first having obtained a residential kennel license. The holder of a residential kennel license shall not I board or train on his or her premises dogs belonging to another person. Residential kennel I licenses shall only be issued for property zoned residential R-l or residential R-2. I 420.02. Application. . Subd.l Form. Any person desiring a kennel license under this Section shall make a written I application for the license to the City Administrator on forms prescribed by and requiring such information as required by the City. The application shall contain at least the following I information: it A. A description of the property upon which the dogs will be kept. Outside kennels I 4 - 13 I City of Arden Hills Chapter 4 Animals and Pets I shall be constructed of suitable size to maintain and secure the keeping of the -- particular breeds of dogs and to allow for sufficient space for dogs to exercise freely. All surfaces shall be constructed of material to provide for proper cleaning, I drainage, maintenance, and other needs of the dogs. I B. A current rabies certificate and list of dog tags for each dog to be kept in the I Kennel. I -- C. The breeds and number of dogs over the age of three (3) months to be kept on I the premises. . D. A statement that the applicant will at all times keep the animals in accordance .. with all conditions prescribed by the City or State, and that failure to comply with I the conditions shall constitute a violation of this Section and shall be grounds for the I suspension or revocation of the license. I E. Other information as may be required by the City or State. . I 420.02 Investigation. The local animal control officer shall conduct any necessary investigation into the information provided on the application and may approve or deny any license application I made under this Section. He or she may also impose conditions upon the issuance of a license to I ensure compliance with this Section or other applicable parts of the City Code or State law, and -. 4 - 14 I I City of Arden Hills Chapter 4 Animals and Pets I " to protect the health and safety of others. I 420.03 Issuance and Conditions of License. If approved, the license shall be issued by the City I Administrator. The license shall specify any restrictions deemed reasonably necessary to protect I any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or other unreasonable annoyance, and to protect the public health and safety. The license may be modified I from time to time, or suspended or revoked by the local animal control officer for failure to I comply with the restrictions imposed upon the license. Any modification, suspension, or '" revocation shall be effective only following at least ten (10) days notice to the licensee and an I opportunity for the licensee to be heard. .. I 420.04 Denial of License. The local animal control officer may deny an application for a license under this Section for failure to provide required information; failure to comply with the I provisions of this Section, the license, or other applicable State or local regulation; if the facilities I are or become inadequate for their intended use; if a nuisance is or would be created; or if the public's health or safety is or would be unreasonably endangered by the granting of the license. I The denial of a license under this Section shall be appealable to the City Council. I I 420.05 Fees. The fee for either an initial application for or a renewal of a license issued under this Section shall be as set from time to time by the Council. I it 420.06 Duration; Non-transferability. Kennel permits shall be for a period of one calendar year I 4 - 15 City of Arden Hills I Chapter 4 Animals and Pets I or for the portion of the calendar year following the date of the application, and shall be -- nontransferable. I I Section 430 Cats I 430.01 Nuisances. It shall be unlawful to own or possess any cat which destroys, damages, or I defiles property; that creates an offense by way of noise, odor, or otherwise; or that molests other I animals or human beings. Any cat that shall conduct any of this behavior shall be declared a public nuisance. No violation shall be found to have occurred, however, until after the owner has I been notified by the City of the cat's behavior. .. 430.02 Notice. Upon written complaint of a person stating that the acts committed by a cat, the I name and address of the person owning the cat, and the name and address of the person making I the complaint, the City shall notify the eat's owner of the acts complained of and instructing the I owner to restrain the cat from committing any additional acts. I 430.03 Abatement. If a cat is found to constitute a nuisance under this Section, and no owner I or other responsible party shall be ascertainable, the City may take whatever action is deemed appropriate to abate the nuisance, provided that the cat shall not be destroyed except as provided I in Section 400. I .. 4 - 16 I --------------- I City of Arden Hills Chapter 4 Animals and Pets I " Section 440 Wild and Exotic Animals I 440.01 Prohibition. To protect the health, safety, and welfare of the citizens of the City, it shall I be unlawful to keep any wild or exotic animals within the city limits, except as otherwise I permitted by this Section. I 440.02 Temporary Permit. Any person desiring to keep a wild or exotic animal otherwise I prohibited by this Section within the city limits for the purpose of entertainment, exhibition, or show purposes, or as a public zoo volunteer or other employee or agent providing care to a zoo . animal, shall apply for a temporary Special Use Permit from the City Council. The permit may .. be issued for a period of time not to exceed thirty (30) days and shall specify the conditions under I which the animal(s) shall be kept. I 440.03 Permanent Permits. Permanent special use permits allowing wild or exotic animals may I be issued to the following, provided all applicable zoning requirements are met: I a. Public zoos or other institution engaged in the permanent display of animals. I b. Bona fide research institutions I c. Veterinary clinics d. Monkeys trained as personal helpers and living with a handicapped person, except I that the permit shall be subject to annual review. t- I 4 - 17 ---- ------ ------- I City of Arden Hills Chapter 4 Animals and Pets I 440.04 Allowable Animals. The prohibition of this Section and the requirement for a permit -- shall not apply to the following, which shall be allowed in the city as a matter of right: I a. Non-poisonous or non-venomous snakes or other snakes not defined as wild or I exotic in Section 400. b. Birds kept indoors I c. Mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, lizards, and other I small animals capable of being continuously kept in a cage. I 440.05 Raising of Animals for Pelts. The raising of wild and exotic animals for pelts may be I permitted under a Special Use permit. The applicant for the permit shall provide the City with .. proof of insurance including public liability insurance with limits of not less than one hundred thousand dollars ($100,000). The insurance shall provide coverage for liability resulting from the I ownership or possession of the animal(s) being permitted. 1 440.06 Impounding of Animals. Any wild or exotic animal kept in violation of this Section may I be impounded by the City. Notice of the impoundment shall be provided to the owner. Unless I the impounded animal is reclaimed within five regular business days and either removed from the I City within the time limit established by the Councilor permitted by a special use permit, or unless the owner petitions the District Court for a determination that the animal is exempt from I the provisions of this Section, the animal may be destroyed or sold. Any person who reclaims I an impounded animal shall pay the cost of the impoundment at the time of the animals release. -. 4 - 18 I I City of Arden Hills Chapter 4 Animals and Pets I It 440.07 Existing Wild and Exotic Animals. Anyone keeping or maintaining a wild or exotic animal at the time this Code is adopted shall have ninety (90) days in which to comply with the I provisions of this Section. The Council may grant an extension beyond the ninety days upon a I showing of good cause, but in no case shall the extension be viewed as a permanent exemption I from the requirements of this Section. I I .0. I .. I I 1 I I I I it I 4 - 19 I City of Arden Hills Chapter 5 Alcoholic Beverages I " Chapter 5 Alcoholic Beverages I I Section 500 - In General I 500.01 Definitions. For the purposes of this Chapter, the following words and phrases shall have I the meanings respectively ascribed to them: I "- Subd. 1 Beer or N6nint6xiellting Malt Liquor. "Beer" or Ntmiftt0xit:ating "Malt Liquor" I shall mean any malt beverage with an alcoholic content of more than one-half of one percent Ie by volume and not more than three and two-tenths (3.2) percent by weight. Reference may also be made to the term "3.2 malt-liquor" which shall mean the same as "malt~liquor". I Note: The term "non-intoxicating" is no longer being used, replaced instead by just "malt" I liquor or 3.2 malt-liquor. I Subd. 2 Beer Store. "Beer Store" shall mean an establishment for the exclusive sale of I beer or malt liquor, with the incidental sale of cigars, cigarettes, all forms of tobacco, I beverages and soft drinks at retail. I Subd. 3 Bona Fide Club. "Bona Fide Club" shall mean with respect to the sale of beer or 1 malt liquor, a club organized for social or business purposes or for intellectual improvement f' or for the promotion.9f sports, where the serving of beer or malt liquor is incidental to and I 5 - I ------------ City of Arden Hills Chapter 5 Alcoholic Beverages I I not the major purpose of the club. -- Subd. 4 Club. "Club," with respect to the sale of intoxicating liquor shall have the I definitior: given in Minn. Stat. 340A.101, Subd. 7, as from time to time amended. This I statute is hereby incorporated and made a part of this Code as if set out here in full. N2li:: The difference in definitions between this chapter and the zoning ordinance should not be I a problem as they appear to be regulating different activities. 1 '"-- Subd. 5 Drugstore. I "Drugstore" shall mean any establishment where drugs are kept, compounded, and sold if it is at all times in charge of a registered pharmacist or of a I registered assistant pharmacist during the temporary absence of the registered pharmacist. .. rw.te.: This is a statutory throw back to the days of prohibition, but basically allows drugstores to store alcohol necessary for medicinal purposes. I I Subd. 6 Exclusive Liquor Store. "Exclusive Liquor Store" shall mean an establishment I used exclusively for the sale of intoxicating liquor, with the incidental sale of cigars, cigarettes, all forms of tobacco, ice, cork extraction devices, books and videos on the use 1 of alcohol, oonilrl()j{i~!ltillg beer and malt beverages, and soft drinks at retail, either on sale I or off sale or both. Entertainment to the extent authorized by State law maybe permitted on the licensed premises. It shall be under control of an individual owner or manager. I rw.te. : City had an "i.e. bowling alley" after this section. Bowling alleys would be 1 considered more than just entertainment and are specifically addressed in 340A of state law. .. 5-2 I ________ ______ _w_ __ I' City of Arden Hills Chapter 5 Alcoholic Beverages I " Subd. 7 Hotel! Motel. "Hotel" or "Motel" shall mean an establishment where food and lodging are regularly furnished to transients for a price. For specific requirements with 1 respect to a hotel or motel, reference is made to the statutory requirements imposed thereon 1 by Section 340A.101 Subdivision 13 of Minnesota Statutes as from time to time amended, I which provisions are incorporated herein by reference and made a part of this Code as if set Again, the conflict with the zoning ordinance should not be out here in full. l'fu1f : I problematic as this follows the state definition for the purpose of alcohol. I ".- Subd, 8 Intoxicating Liquor or Liquor. "Intoxicating Liquor" or "Liquor" shall mean I distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and Ie two-tenths (3.2) percent of alcohol by weight. The term does not include ethyl alcohol or I neutral spirits or substitutes therefor possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. 1 I Subd. 9 Off Sale. "Off Sale" shall mean the retail sale of beer, malt liquor, or liquor in the original package for consumption away from the premises where sold. 1 I Subd. 10 On Sale. "On Sale" shall mean the sale of beer, malt liquor, or liquor for I consumption on the premises only. I Subd. 11 Original Package or Package. "Original Package" or "Package" shall mean any ~ corked or sealed container in which the beer, malt liquor, or liquor is placed by the I 5 - 3 -------- City of Arden Hills Chapter 5 Alcoholic Beverages 1 1 manufacturer or distiller. -I Subd. 12 Restaurant. "Restaurant" shall mean an establishment in which the major 1 business is preparing and serving meals to the public to be consumed on the premises, and 1 with respect to any restaurant selling intoxicating liquor in addition to food, reference is made to the statutory requirements imposed thereon by Section 360A.101, Subdivision 25 I of Minnesota Statutes, as from time to time amended, which provisions are incorporated 1 herein by reference and made a part of this Code as if set out here in full. 1 -. Subd. 13 Sale and Sell. "Sale" and "Sell" shall mean in addition to the accepted meanings, I all barters, gifts and other means of furnishing beer or malt liquor or liquor in violation or .. evasion of this Chapter. 1 500.02 Prohibited Acts. 1 Subd. 1 Inducement of Minor. No person shall induce a person under the age of twenty- 1 one (21) years to purchase or procure intoxicating liquor or beer or malt liquor. 1 I Subd. 2 Clubs. No club shall sell liquor or beer or malt liquor except to members of the club or guests in the company of members. I I .. 5-4 I I' City of Arden Hills Chapter 5 Alcoholic Beverages I I- Subd.3 Nudity. No person shall be allowed to be or remain on licensed premises, nor shall any licensee permit any person to be or remain on the licensed premises if the person's I buttocks, anus, genitals, pubic area, or in the case of females the breast below the top of I areola, are not covered by an opaque I112terial. I Section 510 - Intoxicating Liquors I 1 510.01 Licenses. ...- I Subd. 1 Required. No person, except wholesalers or manufacturers to the extent .. authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without first having received a license to do so as provided in this 1 Subsection. Licenses shall be of four (4) kinds: "On-sale," "on-sale wine," "off-sale," and 1 "club" licenses. A special "Sunday Sales" license shall be required for the on-sale of liquor I on Sundays. 1 Subd. 2 Classification. 1 A. "On-sale" licenses shall be issued only to hotels, clubs, restaurants, and I exclusive liquor stores and shall permit on-sales of liquor only. The Council may, I in its discretion, grant on-sale licenses to the maximum number permitted by the ~ laws of the State of Minnesota. I 5-5 .. City of Arden Hills Chapter 5 Alcoholic Beverages .. B. "Off-sale" licenses shall be issued only to drugstores and exclusive liquor stores .1 . and shall permit off-sales of liquor only. I C. "On-sale wine" licenses shall be issued only to restaurants meeting the 1 qualifications of Section 340A.IOl Subdivision 25 of Minnesota Statutes, as amended, and shall permit only the sale of wine not exceeding fourteen percent I (14%) alcohol by volume, for consumption on the licensed premises only in 1 conjunction with the sale of food; provided, however, that in no event shall such 1 ".- "on-sale wine" litenses be issued to "fast-food restaurants" as that term is defined in this Code. All references in this Chapter to "on-sale" licenses or sales shall be 1 deemed to include "on-sale wine" licenses or sales unless the context in whith the .. term is used clearly requires a different interpretation. 1 D. "Club Licenses" shall be issued only to incorporated clubs whith have been in 1 existence for fifteen (15) years or more or to congressionally chartered veterans' 1 organizations whith have been in existence for at least ten (10) years. N.l!1f : Although this is more restrictive than the Statutes, it is based on the statutory 1 requirements. The Statutes are equally vague as to whether the club must exist in I the city or just be in existence somewhere for the stated period of time. The statutes is most likely to be interpreted as meaning the club has had to have existed I somewhere and that the existence is verifiable. The city, however, could specify the I requirement to mean that the club must exist within the city limits. .. 5 - 6 I I City of Arden Hills Chapter 5 Alcoholic Beverages I It E. "Sunday on-sale" licenses shall be issued only to on-sale licensees which have facilities for serving at least thirty (30) guests at anyone time, which are in I compliance with the requirements of the Minnesota Clean Indoor Air Act, and which I shall serve intoxicating liquors only in conjunction with the service of food. A I "Sunday on-sale" license shall not be needed for on-sales made by on-sale wine licensees. I I Subd. 3 Persons Ineligible for License. No license shall be issued or transferred to, held '<- by, or renewed for any person: I Ie A. Who is under twenty-one (21) years of age or who is otherwise barred from holding a license under State law. I I B. Who is a manufacturer or wholesaler of intoxicating liquors, but this restriction I shall not prevent the issuance of a license for leased premises where a manufacturer or wholesaler was a bona fide owner of the premises prior to November first, 1933. I I C. Who is directly or indirectly interested in any other establishment in the municipality to which a license of the same class has been issued under this I Subsection. I f' I 5-7 I City of Arden Hills Chapter 5 Alcoholic Beverages I D. To whom, in the estimation of the City Council, based upon the results of the -- investigation performed under Section 340A.412 Subdivision 2 of Minnesota Statutes such issuance, transfer or renewal would not be in the public interest. I State law reference-Persons eligible for license, Minn. Stat. 340A.402. I E. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's I special tax stamp or a federal gambling stamp. I '^- I F. Has, within five (5) years prior to the application for the license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the I manufacture, sale, distribution, or possession for sale or distribution of intoxicating .. liquors or beer or malt liquor and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform I the duties of a beer license; I Subd. 4 Places Ineligible for License. I I A. No license shall be issued to a drugstore until it has been operated continuously I for two (2) years prior to the application. 1 B. No license shall be granted for operation on any premises on which taxes, 1 assessments or other financial claims of the City are delinquent and unpaid. .. 5-8 1 City of Arden Hills Chapter 5 Alcoholic Beverages I " C. No initial license, as contrasted to a renewal license, shall be granted for any location within five hundred (500) feet of any school or any church. In the event that I a renewal license is sought for a location which was not objectionable under this I provision at the time the initial license for the location was issued, the renewal license shall not be refused because of construction of schools or churches within I five hundred (500) feet of the location after the initial license was issued. I I D. No license shall be issued for any premises owned by a person to whom no license could be issued under the provisions of State law. 1 Ie E. No off-sale license shall be issued for any place where Iffifliflt6Xielltiflg malt beverages are sold on-sale, except as permitted under the provisions of Section 1 340A. 412 Subdivision 6 of Minnesota Statutes as time to time amended.. 1 I F. No license shall be granted for any place, except an exclusive liquor store, for which a license of another class has been granted under this Section. I State law reference-Where sales forbidden, Minn. Stat. 340A.412 I Subd. 5 Application Note: This subdivision has been reorganized per city's request. I I A. Form. Each application for a license under this Section shall be in the form f' prescribed by the liquor control commissioner and the bureau of criminal I 5-9 ---------- City of Arden Hills Chapter 5 Alcoholic Beverages 1 apprehension, on an application provided by the City Administrator. -- B. Information. Each application shall state the name of the applicant, his or her I age, representations as to his or her character with such references as may be I required, fib er ller eiti:;:c;oofiip, whether the application is for on sale or off sale, the business in connection with which the proposed licensee will operate and its I location, whether applicant is owner and operator of the business, how long he or I she has been in that business at that place, proof of insurance as required by this I '".- Section and in accordance with the requirements of State law, the information required under Subpart E, and such other information as the Council may require 1 from time to time. Applications for an on sale or off sale license on behalf of a eI corporation shall include, in addition to the foregoing, information as to the names, addresses, and occupations of all stockholders holding ten percent or more of the 1 corporation's stock, and officers of the corporation. 1 C. False Statements. No person shall make a false statement in an application. I Providing false information shall be grounds for denial or revocation of the license. 1 D. Verification. Every application for the issuance, transfer or renewal of a license 1 to sell liquor shall be verified and filed with the City Administrator. I I -. 5 - 10 1 I" City of Arden Hills Chapter 5 Alcoholic Beverages I " E. Area Information. Each application for an on sale liquor license shall include information, on forms to be provided by the city, setting forth the area of the I establishment, including the adjacent sidewalk, parking lot, or other abutting outdoor I area that may be used for outdoor seating, which is proposed to be utilized for the I purpose of sale or consumption of liquor. The information provided as to such area shall be verified by the City Administrator whose report thereon shall be promptly I submitted to the Council with the application. ~: City could require scale I drawing if it wants, but that might be more detailed than necessary. It is in the area -- description, however, that the possible use of outdoor areas such as sidewalks and I parking lots must be provided for. .. I Subd. 6 Investigation. Upon initial application for an on sale license or upon application for transfer thereof, the fl61iee ehief the City's designated law enforcement agency shall I conduct a preliminary background and financial investigation of the applicant. If the Council I deems it to be in the public interest, it may request: I A. The fl61iee ehief City's designated law enforcement agency or the bureau of I criminal apprehension, through contract therewith, to conduct a more comprehensive 1 investigation of the initial or transfer applicant; or 1 B. In the case of a renewal applicant, the fl6liee ehief City's designated law " enforcement agency to conduct a preliminary background and financial investigation 1 5 - 11 City of Arden Hills Chapter 5 Alcoholic Beverages ". 1 of the renewal applicant. -- State law reference-Investigation of on-sale license applicants, Minn. Stat. g 340A.412, Subd. 2. 1 I Subd. 7 Fees. I A. Required. Before any license shall be issued under the provisions of this I Section, the applicant therefor shall pay the license fee(s) and the investigation fee I ~- required by the Council as established by resolution from time to time adopted. I B. Determination. The Council has determined that the licensing of "on sale" .. liquor establishments within the City imposes substantial additional responsibilities and burdens, both immediate and potential, on the City with respect to conducting 1 background and financial investigations of the applicant, policing and supervising I of the establishments and the traffic that comes into the City for the purpose of patronizing the establishments. The Council has further considered that the I operation of the establishments may well become a nuisance, and the license fees I therefor should be set with this factor in mind, as well as the factors of I administrative expense and items of City expense such as police investigation, supervision, fire protection, road maintenance and the like. The Council has further I determined that there is a defmite relationship between the burdens, responsibilities I and risks of the City with respect to the on sale liquor establishments and the area .. 5 - 12 1 I City of Arden Hills Chapter 5 Alcoholic Beverages I ~ in the establishments which is utilized for the sale and consumption of liquor. I C. Payment and Disposition. I I I. All applications for on or off sale licenses, or special club licenses shall be accompanied by certified check or money order to the City treasurer for I payment in full of such fees. I "- 2. V{ith refcrc:oce to 6ft 3B.k liquor lieernc f-CC:l, 8Ile f8tlftft ef tOC liccrnc fee 1 as aetel'ftlmea ana fixed b) the Cetlneil shall be paid bdere the isstlllftee 8f Ie the lieeme, ene fel:lrt.'1 ef the fce silllll be paid en er bdere l,pril first ef the I )ear ..hieh is the :ltlbjeet ef the lieeme, 81le ful:lrth 6f the fee by Jtily first of Jl:lCft ) eM, lina. tfte remainifig 6fte ratlrtfi sf tfie fee :dH~ll he paid by Oet85e.r I firJt af the year .~vhieh is the 3tlbjeet ef ffie lieeMe. I 2. All fees shall be paid into the general fund of the city. Upon rejection of I any application for a license the treasurer shall refund the amount paid with I the application. I D. Refund. I f' 1. Except as provided in this Subsection, no part of the fee paid for any I 5 - 13 1 City of Arden Hills Chapter 5 Alcoholic Beverages I license issued under this Section shall be refunded, nor shall any portion of -- the fee determined to be due for a license issued under this Code be canceled. Applications for refund of liquor license fees may be considered I by the Council when the operation of the licensed business has ceased for I any of the following reasons, to wit: I a. Destruction or damage to the licensed premise by fue or other I catastrophe to such an extent that the licensee ceases to carry on the I ". licensed business; I b. Discontinuance of the business of the licensee by reason of death .. or illness of the licensee; 1 c. A change in the liquor status of the municipality which makes it I unlawful for the licensed business to continue. I 2. In the event of application for refund for any of the foregoing reasons, I which application shall be made within thirty (30) days after the happening I of any such event, the Council may, at its discretion, refund a pro rata portion of the license fee. I State law reference-Refund of fees, Minn. Stat. !l340A.408, Subd. 5. I -. 5 - 14 I n - I City of Arden Hills Chapter 5 Alcoholic Beverages I " Subd. 8 Insurance. ~: The references to bonds were marked for deletion because they are no longer required by statute and city had a not saying to delete. A subsequent note, I however, indicated that the city has recently collected off a bond. What is the current I practice? City may require bond even if statutes don't but the conflicting notes made it impossible to know what the fmal decision was. I I A. A Jtlray heM, liability insurance policy, Of illlietl thc;fc;ef CllJh elf United SllttCJ 1 Cel\unrnclIt DaMJ elf eljtli'ia!c;lll market, allie, in the amount established by Council Resolution, but in no case less than State minimums, shall accompany each I application for a license required by the provisions of this Section. .. B. All such hellcl3 af policies shall be for the benefit of the obligee and all persons I suffering damages by reason of the breach of the conditions of the bond. In the event 1 of the forfeiture of any such bond or policy for violation of law, the court may forfeit the penal sum of the bond or policy or any part of it to the city. I I C. The security offered under paragraph (a) shall be approved by the City Council I and in the case of applicants for off-sale licenses by the state liquor control commissioner. Stlrety baMs aM Liability insurance policies shall also be approved I as to form by the City attorney. The operation of the off-sale or on-sale liquor I business without having on file at all times with the municipality an effective bond, it insurance policy, ar athc;f Jc;etlfity as rc;ljtIired ill paragraph (a), shall be grounds for I 5 - 15 I City of Arden Hills Chapter 5 Alcoholic Beverages I immediate revocation of the license. f.!l Stl~h 5emb er eth~r sewrity shall be .. eeooitioocd liJ felle~\'3. I 1. That the lieemu ",ill e5e) the III" re1atea te the lieernea btlsiness, I :. Tfiat the liecfiJcc y.;iIlp8.) to the munieipalit} ..lien <tHe all fftXe3, lieeme I fees, llen!llties, !lna ether dl!lrges I'rt'J',-iclea by I!lw, I ", I 3. That in me Cleat of any ,iolfttian of the 1'f(hi3itH13 sf atl) Ian rdating to the retail 6ff Silk !Inti en sale 6f inwxleltting liljllB!, slleh !lelia, Jlt'Jliey, t'Jr I etocr :5ecHrity 3hall be farfeitea to tfie city. .. 4. Th!lt the licell:see "...ill Jlay to the ~xtellt ef the I'fineiJlIII !llfl6ffi1t ef the I !l6nd, Jlelicy', or seellrity, ally aamages fer death 6f injllr) ellllsea !l)' er I rC:3ulting from the yiala.tioft sf fiftY previJion sf 18.\\ {dating therew, and in I such ellses reeevery lIIltkl this Jl!lrllgrllflh (4) mllY !le haa from tile Sllre!) 6ft the 55fia or lIte pelk). The ftm6Hflt 3peeifietl ill the bond or pelie) iJ I deelarea Ie be a fJclllllty. I Subd. 9 Granting of Licenses. The City Council may make, or cause to be made, an I investigation as it deems appropriate of the claims set forth in the application. The Council I may also, if it deems it aa. isa!lle, shall hold a public hearing relative to the issuance 6l:' .. 5 - 16 I - I City of Arden Hills Chapter 5 Alcoholic Beverages I I- refl:lsB:I of any license under the provisions of this Section. The granting of on-sale and off- sale liquor licenses shall be discretionary with the council. No off-sale liquor license shall I become effective until it, together with the b6nd proof of insurance furnished by the I applicant, has been approved by the liquor control commissioner. I Subd. 10 Subject to Law. Every license issued under the provisions of this Section shall I be granted subject to the provisions of this Chapter and of any other applicable provision I of this Code or ordinance of the City or State law. ", I Subd. 11 Notice to State. The City Administrator shall, within ten (10) days after the .. issuance of any "on sale" license under this Section, submit to the liquor control I commissioner the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He or she shall also I submit to the liquor control commissioner any change of address, transfer, cancellation or I revocation of any "on sale" or "off sale" license by the Council during the license period. I Subd. 12 Duration. All licenses issued under the provisions of this Section shall expire on I the last day of December of each year. Each license shall be issued for a period of one year, but if a portion of the license year has elapsed when the application is made a license may I be issued for the remainder of the year for a pro rata fee. In computing the fee, any expired I fraction of a month shall be counted as one month. it I 5 - 17 ----- City of Arden Hills Chapter 5 Alcoholic Beverages I I Subd. 13 Renewals. Applications for renewal of an existing license issued under the -. provisions of this Chapter shall be filed with the City Administrator on or before November first of the year preceding the year which is the subject of the license. I I Subd. 14 Transfer. I A. Each license shall be issued to the applicant only. Each license shall be issued I only for the premises described in the application. No license may be transferred to I "- another person or to another place without the approval of the City Council. Application for transfer shall be made in writing to the City Administrator and shall I be accompanied by certified check or money order in the amount Bf Bile hlI11llred .. d51hm ($100.00) payable to the City treasurer, whieft in the amount ~ fixed from time to time by the Council as the transfer fee. The council shall make or cause to I be made an investigation as it deems appropriate regarding the transferee or the I proposed location. This provision shall also apply in the event of application by a I corporate licensee for transfer of stock in the corporation, provided that no transfer fee shall be charged if the transfer is the first within the period of the license or the I stock sought to be transferred does not constitute fifty (50) percent or more of the I outstanding common stock of the corporation. It is hereby made the duty of the officers of any corporation holding such a license to notify the Council of any I proposed sale or transfer of any stock in the corporation. The transfer of any such I stock without the knowledge and consent of the Council shall be deemed sufficient .. 5 - 18 1 I' City of Arden Hills Chapter 5 Alcoholic Beverages I " cause for revocation by the Council of any license granted to the corporation under the authority of this Subsection. In addition the corporate officers shall also notify I the Council whenever any change is made in the officers of any such corporation, I and failure to so notify the council shall likewise be sufficient cause for revocation I of any liquor license granted to the corporation I B. Tat trfifi3fer of 3taek in aft)' corporation holding fin en Jftk at .sf[ :late lit}tlaf I lieeMe ifl th13 City shall be eleeluea 8. tral1:3fer -l~'ithin the meH1H:ng ef t:h1J Stl6~eetiefl, ana fie 3tlCn trafl3fcr af 3toek shall13e mase witfi611t the e6ll3eftt ef tit,- eol1f'ldI.. I .. Subd. 15 Display. The license issued under the provisions of this Section shall be posted I in a conspicuous place on the licensed premises at all times. I Subd. 16 Suspension and Revocation. The Council may either suspend for up to sixty I (60) days, or revoke any liquor license upon a fmding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No I suspension or revocation shall take effect until the licensee has been afforded an opportunity I for a hearing pursuant to Minnesota Statutes, Sections 15.0418 to 15.0426. State law reference-Revocation, Minn. Stat. ~340A.415. I I 510.02 Responsibility of Licensee. Every licensee under the provisions of this Section shall be f' responsible for the conduct of his or her place of business and the conditions of sobriety and order I 5 - 19 ----..- - City of Arden Hills '1 Chapter 5 Alcoholic Beverages I in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating -- liquors shall be deemed to be the act of the licensee as well and the licensee shall be liable for all penalties provided by this Section equally with the employee. I I 510.03 Hours of Sale. The hours of sale for licensed intoxicating liquor establishments are restricted as follows: I I Subd. 1 On-sale Hours.. No sale of intoxicating liquor may be made by an on-sale I licensee: I A. Between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. .. B. After 1:00 a.m. on Sunday unless the licensee has also been issued a Sunday on-sale liquor license. I C. Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25 unless I December 24 is a Sunday and the licensee has also been issued a Sunday on-sale I liquor license. I Subd. 2 Sunday Sale Hours. A licensee which has been issued a Sunday on-sale liquor I license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between 10:00 a.m. on Sunday and 1 :00 a.m. on Monday. 1 I Subd. 3 Off-sale Hours. No sale of intoxicating liquor may be made by an off-sale -. 5 - 20 1 ------ --------- I City of Arden Hills Chapter 5 Alcoholic Beverages I " licensee: . A. On Sundays. I B. Before 8:00 a.m. or after 8:00 p,m. on Monday through Thursday. I C. Before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday. D. On Thanksgiving Day. I E. After 8:00 p.m. on Christmas Eve, December 24. I F. On Christmas Day, December 25. I .. State law reference-Similar provision, Minn. Stat. 9340A.504. I 510.04 Hours of Consumption. No person. including the licensee and his or her agents and I employees, shall consume intoxicating liquor on the licensed premises after the hour of 1: 15 a.m. . 510.05 Hours of Operation. No person, other than the licensee and his or her agents and . employees, shall remain on the licensed premises after the hour of 1:15 a.m.; provided, however, 1 that with respect to any "on-sale" licensee, no intoxicating liquor shall be displayed by such licensee after 1 :00 a.m., the hour after which the sale of intoxicating liquor is prohibited by Chapter and I by Section 340A.504 of Minnesota Statutes. I ,. 510.06 Display During Prohibited Hours. No on-sale establishment shall display liquor to the I 5 - 21 ---- -- -------- I City of Arden Hills Chapter 5 Alcoholic Beverages I public during hours when the sale of liquor is prohibited. -- 510.07 Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in I any public place or place of business unless it has a license to sellliqunr "on-sale" or a permit from I the liquor control director under Minnesota Statutes, Section 340A.414 and no person shall 1 consume liquor in any such place. I 510.08 Minors. 1 Subd. 1 Employment. No person under the age of twenty-one shall be employed in any I rooms constituting the place in which intoxicating liquors are sold at retail "on-sale," except .. that persons under 21 but at least 18 years of age may be employed as musicians or to perform the duties ef such as serving, cooking, table bussing or dishwashing services in I places defined either in this Chapter or in Chapter 340A of Minnesota Statutes, as the case I may be, as a "restaurant," "hotel" or "motel" serving food in rooms in which intoxicating I liquors are sold at retail "on-sale." N2k: This subdivision could be replaced by the following: No person under the age of 21 shall enter a licensed liquor establishment except I as permitted by Statute for employment purposes, the consumption of meals, or to attend I social functions in an area separated from the serving of alcohol. State law reference-Similar provisions, Minn. Stat. ~340A.503. I I Subd. 2 Procuring. No person shall give to, procure, or purchase liquor for any minor .. 5 - 22 I --------------- -------- I City of Arden Hills Chapter 5 Alcoholic Beverages I " under the age of 21 or other person to whom the sale of intoxicating liquor is forbidden by law. I State law reference-Similar provisions, Minn. Stat. !j340A.503. I I Subd. 3 Parental or Guardian Consent. No person under the age of 21 shall consume any intoxicating liquor except in his or her parents' or guardians' home and with his or her I parents' or guardians' consent. I Subd. 4 Misrepresentation of Age. No minor shall misrepresent his or her age for the I purpose of obtaining liquor or three and two-tenths (3.2) beer or malt liquor nor shall he .. or she enter any premises licensed under this chapter in order to procure such beverages, I or to consume or purchase or attempt to purchase, or have another purchase for him or her, such beverages on the licensed premises. I State law reference-Similar provisions, Minn. Stat. !j 340A.503. I 510.09 Delivery to Minors, Drunkards. No intoxicating liquor shall be sold, furnished or I delivered for any purpose to any person who is a minor under the age of 21 or to any person I obviously intoxicated or to any of the persons to whom sale is prohibited by state law. I State law reference-Similar provisions, Minn. Stat. !j340A.502, 340A.503. I 510.10 Gambling, Disorderly House. No licensee under this Section shall keep, possess, or ~ operate or permit the keeping, possession, or operation of, on the licensed premises, or in any room 1 5 - 23 ---- ---- I City of Arden Hills Chapter 5 Alcoholic Beverages I adjoining the licensed premises, any slot machine, dice, or any gambling device or apparatus, nor -- permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used as a resort for prostitutes or I other disorderly persons. I State law reference-Similar provisions, Minn. Stat. g340A.41O. I 510.11 Ownership of Equipment, Fixtures. No equipment or fIxture in any licensed place where I intoxicating liquor is sold shall be owned in whole or in part by any manufacturer or distiller of I intoxitating liquor. 1 510.12 Refilling, Tampering with Package. No licensee shall sell, offer for sale, or keep for sale, .. intoxicating liquors in any original package which has been refIlled or partly refIlled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any I original package so as to change its composition or alcoholic content while in the original package. I Possession on the licensed premises by any licensee of any intoxicating liquor in the original I package differing in composition or alcoholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the I contents of the original package have been diluted, changed, or tampered with. I State law reference-Similar provisions, Minn. Stat. g 340A.508. 1 510.13 Ethyl alcohol, Neutral Spirits Prohibited. No licensee under this Section shall keep ethyl I alcohol or neutral spirits on the premises or permit their use on the premises either alone or mixed .. 5 - 24 I --..-- I' City of Arden Hills Chapter 5 Alcoholic Beverages ~ with any other beverage. State law reference-Poisonous liquors, Minn. Stat. 9340A.506. . I 510.14 Right of Entry for Inspection. Any peace officer, health officer, or any other properly I designated officer or employee of the City or any official of the bureau of criminal apprehension shall have the unqualified right to enter, inspect, and search the premises of the licensee during I business hours without a warrant. I "., Section 520 - Non-Intoxicating Liquor/Malt Beverages . I .. 520.01 Licenses. I Subd. 1 Required. No person, except wholesalers and manufacturers to the extent I authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for I sale, any beer or malt liquor within the City without first having received a license as provided in this Section. I I Subd. 2 Classification. Licenses required by this Section shall be of three (3) classifications: on-sale, temporary on-sale, and off-sale. I I A. Regular "on-sale" licenses shall be granted only to bona fide clubs, beer stores, it 'State law reference-Nonalcoholic beverages, Minn. Stat. Ch. 340A. I 5 - 25 City of Arden Hills Chapter 5 Alcoholic Beverages '1 I exclusive on-sale liquor stores, restaurants and hotels where food is prepared and -. served for consumption on the premises. On-sale licenses shall permit the sale of beer or malt liquor for consumption on the premises only. I I B. Temporary on-sale licenses shall be granted only to bona fide clubs and charitable, religious and nonprofit organizations for the sale of beer or malt liquor I for consumption on the premises only. I C. Off-sale licenses shall permit the sale of beer or malt liquor at retail in the 1 original package for consumption off the premises only. 1 Subd. 3 Applications. Every application for a license to sell beer or malt liquor shall be .. made on a form supplied by the City and shall state the name of the applicant, his or her I age, representations as to his or her character with such references as may be required, Iti8- I 61 hEI c:itizEMllip, whether the application is for on sale, or off sale, the business in I connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that I place, and such other information as the council may require from time to time. It shall be I unlawful to make any false statement in an application. Applications shall be filed with the City Administrator. I Subd. 4 Persons Ineligible. No license required by the provisions of this Section shall be I granted to, held by, or renewed for any person who: .. 5 - 26 1 I' City of Arden Hills Chapter 5 Alcoholic Beverages I I- A. Is under twenty-one (21) years of age, or who is otherwise barred from holding a license under State Law; I I B. Has, within five (5) years prior to the application for the license, been convicted I of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating I liquors or beer or malt liquor and cannot show competent evidence under Minnesota I Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer license; I Ie C. Is a manufacturer of beer or malt liquor or is interested in the control of any place where beer or malt liquor is manufactured; I I D. Is not of good moral character; I E. Is or during the period of this license becomes the holder of a federal retail I liquor dealer's special tax stamp for the sale of intoxicating liquor at any place I unless there has also been issued to him or her a local license to sell intoxicating liquor at such place; or I I F. Is not the proprietor of the establishment for which the license is issued. i' I 5 - 27 --. City of Arden Hills .. Chapter 5 Alcoholic Beverages . Subd. 5 Places Ineligible for License. e. A. No license shall be granted for sale on any premises where a licensee has been . convicted of the violation of this Chapter, or of the state beer or malt liquor or I liquor law, or where any license hereunder has been revoked for cause until sixty (60) days has elapsed after the conviction or revocation. 1 I B. No initial license, as contrasted to a renewal license, shall be granted for any I location within five hundred (500) feet of any school or any church. In the event that . a renewal license is sought for a location which was not objectionable under this eI provision at the time the initial license for the location was issued, the renewal license shall not be refused because of construction of schools or churches within . five hundred (500) feet of the location after the initial license was issued. . C. No license shall be issued for any premise owned by a person to whom no . license could be issued. I . D. To whom, in the estimation of the City Council, based upon the results of the investigation performed under Section 340A.412 Subdivision 2 of Minnesota Statutes . such issuance, transfer or renewal would not be in the public interest. I State law reference-Persons eligible for license, Minn. Stat. 340A.402. .. 5 - 28 . 1 City of Arden Hills Chapter 5 Alcoholic Beverages I ~ Subd. 6 Fees. 1 A. Generally. Each application for a license shall be accompanied by a receipt I from the City treasurer for payment in full of the required fee for the license as from I time to time established by Council Resolution. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the I treasurer shall refund the amount paid. I State law reference-Fees, Mil'lfl. Stat. ~.340A.408. I B. Refund. No part of the fee paid for any license issued under this Section shall .. be refunded except in the following instances upon application to the Council within sixty (60) days from the happening of the event. There shall be refunded a pro rata I portion of the fee for the unexpired period of the license, computed on a monthly I basis with any partial month counting as a whole, when operation of the licensed I business ceases not less than one month before expiration of the license because of: 1 1. Destruction or damage of the licensed premises by fire or other I catastrophe to such an extent that the licensee ceases to carry on the licensed business; I I 2. The licensee's illness; i' I 5 - 29 I City of Arden Hills Chapter 5 Alcoholic Beverages I 3. The licensee's death; -- 4. A change in the legal status of the municipality making it unlawful for the I licensed business to continue. I 5. In the event of application for refund for any of the foregoing reasons, I which application shall be made within thirty (30) days after the happening I of any such event, the Council may, at its discretion, refund a pro rata 1 portion of the license fee. State law reference-Refund of fees, Minn. Stat. S 340A.408, Subd. 5. I Subd. 7 Issuance. The City Council shall investigate all facts set out in the application. eI Opportunity shall be given to any person to be heard for or against the granting of the I license. After the investigation and hearing the City Council shall grant or refuse the I application in its discretion. I Subd. 8 Transfer. Each license issued under the provisions of this Subsection shall be I issued to the applicant only and shall not be transferable to another holder. Each license I shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. I I Subd. 9 Subject to Law. Every license shall be granted subject to the provisions of this -. 5 - 30 I ------...- . City of Arden Hills Chapter 5 Alcoholic Beverages I " Chapter and of any other applicable provision of this Code or ordinance of the City or State law. I I Subd. 10 Display. All licensed premises shall have the license posted in a conspicuous I place at all times. I Subd. 11 Duration, Proration. All licenses shall expire on the last day of December in I each year. Each license shall be issued for a period of one year, except that if a portion of . the license year has elapsed when the application is made, a license may be issued for the I remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a .. month shall be counted as one month. I State law reference-Similar provisions, Minn. Stat. ~340A.4II. I Subd. 12 Suspension and Revocation. The violation of any provision or condition of this I Chapter by a beer licensee or his or her agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special I tax stamp without a license to sell intoxicating liquors at the place shall be revoked without 1 notice and without hearing. In all other cases, a license granted under this Subsection may be revoked or suspended by the Council after written notice to the licensee and a public 1 hearing. The notice shall give at least eight (8) days' notice of the time and place of the I hearing and shall state the nature of the charges against the licensee. The Council may ,. suspend any license pending a hearing on revocation or suspension. I 5 - 31 .- .- . City of Arden Hills Chapter 5 Alcoholic Beverages I 520.02 Prohibited Interests. No manufacturer or wholesaler of beer or malt liquor shaH have any -I ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of 340A. No retail licensee and manufacturer or wholesaler of beer or malt liquor shall be parties to I any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from I a manufacturer or wholesaler of beer or malt liquor and no the manufacturer or wholesaler shall I confer any benefits contrary to law upon a retail licensee. I 520.03 Federal Liquor Stamps. No licensee shall sell beer or malt liquor while holding or I exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed under the laws of this State to sell intoxicating liquors. 1 .. 520.04 Responsibility of Licensee. Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of sobriety and order. The act of any employee I on the licensed premises authorized to sell or serve beer or malt liquor shall be deemed to be the I act of the licensee as well and the licensee shall be liable for all penalties provided by this Section I equally with the employee. I 520.05 Closing Hours. No sale of beer or malt liquor shall be made on any Sunday between the 1 hours of 1 :00 a.m. and 12:00 noon, and no sale thereof shall be made between the hours of 1 :00 a.m. and 8:00 a.m. on any other day. 1 I 520.06 Consumption in Public Restricted. No beer or malt liquor shall be consumed in any .. 5 - 32 I I City of Arden Hills Chapter 5 Alcoholic Beverages I " theater, recreation hall or center, dance hall, ball park or other place of public gathering used for the purpose of entertainment, amusement or playing of games. 1 I 520.07 Sale Restricted. No beer or malt liquor shall be sold or served to any intoxicated person I or any minor under the age of 21 years. I 520.08 Misrepresentation of Age. No minQr shall misrepresent his or her age for the purpose of I obtaining beer or malt liquor. I 520.09 Employment of Minors. No person under the age of twenty-one shall be employed in any .. rooms constituting the place in which beer or malt liquor is sold at retail "on-sale," except that I persons under 21 but at least 18 years of age may be employed as musicians or to perform the duties of table bussing or dishwashing services in places defmed either in this Chapter or in Chapter I 340A of Minnesota Statutes, as the case may be, as a "restaurant," "hotel" or "motel" serving food 1 in rooms in which beer or malt liquor is sold at retail "on-sale." State law reference-Similar provisions, Minn. Stat. ~ 340A.503. 1 I 520.10 Procurement for Minors. No person other than the parent or legal guardian shall procure I beer or malt liquor for any minor. I 520.11 Possession by Minors. No minor shall have beer or malt liquor in his or her possession fI with the intent to consume it at a place other than the household of his or her parent or guardian. I 5 - 33 City of Arden Hills Chapter 5 Alcoholic Beverages I I 520.12 Consumption by Minors. No minor shall be permitted to consume beer or malt liquor -- unless permitted by his or her parent or legal guardian in the parents' or guardians' home. I 520.13 Liquor Consumption and Display. No person shall consume or display any intoxicating I liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit. I I 520.14 Gambling. No gambling or any gambling device shall be permitted on any premises I licensed under the provisions of this Chapter. I 520.15 Right of Entry. Any peace officer shall have the unqualified right to enter, inspect and .. search the premises of a licensee during business hours without a search and seizure warrant and may seize all illegal intoxicating liquors found on the licensed premises. I I 1 1 I 1 I -. 5 - 34 I I~ ... I CITY OF ARDEN HILLS it MEMORANDUM DATE: January 8, 1997 I TO: Brian Fritsingcr, City Administrator I FROM: Terrance Post, City Accountant@ SUBJECT: Cottage Villas TIF Compliance Review I Background I The TIF Agreement between the City of Arden Hills and the Cottage Villas of Arden Hills Limited Partnership for the Cottage Villas senior apartment project has become active in 1996 by virtue of the partnership incurring the costs of public development activities in prior years and 1 the partnership paying real estate taxes in 1996. The City of Arden Hills has received $62,580.30 in 1996 tax increment on this project (County District #2-H) and has yet to distribute any increment back to the partnership. I Operational Issues Although City Attorney Filla is still working on formally recording the TIF Agreement, .. additional items also need to be addressed. They include: 1. With the exception of the Kem Milling site demolition in the Gateway Business I District, the City of Arden Hills has not been an active TIF participant in development activities. Thus, with no TIF increment has come limited TIF I administrative expertise. 2. This particular TIF Agreement is unusual in nature in that the document calls for I the developer to demonstrate financial need for increment based upon actual financial performance of the property. I 3. Related to both of these issues is the vigor in which the Office of the Minnesota State Auditor is conducting TIF District compliance audits around the state. The City's financial advisor, Ehlers and Associates, Inc., has been active in assisting I other municipal clients prepare for this more regulatory environment. Recommendation I Staff recommends that the Arden Hills City Council consider authorizing staff to enter into an agreement for professional services with Ehlers and Associates, Inc. for a price not to exceed I $2,500.00 for the purpose of providing tax increment compliance review services for Tax Increment Financing District No. 2-H - Cottage Villas of Arden Hills, as detailed in the attached proposal. .- 1 or ... Ehlers and Associates,lnc. lEA 0 E R S IN PUB II C FIN A NeE I .. _ .-, '1- r-~ I R E,~~.I'" .-' L' \ ,\..'- 1 December 27, 1996 " ~ \j '\99b D(I:, ~ .' L ,., ',' . r;. 'iI' Terrance Post City Treasurer . City Hall 1450 W. Highway 96 Arden Hills, MN 55112,5794 1 RE: AGREEMENT FOR PROFESSIONAL SERVICES CITY OF ARDEN HillS, MINNESOTA 1 Enclosed for your review is our Agreement for Professional Services to the City of Arden Hills to provide tax increment related services. Thank you for allowing us to provide a proposal for these services. We have attempted to estimate a reasonable not to exceed amount for these services. If the work can be .. completed in less time than the estimate, we will only bill you for the actual time. If you have any questions, don't hesitate to call me. If the Agreement is approved, please sign both 1 copies and return both to us. We will sign and return an executed copy for your files. Yours truly, I EH LERS AN D ASSOCIATES, I NC. . SA:sl I N :\}..\I NNSOT A \ARDENH I\CONTRACT. I I I OFFICES IN MINNEAPOLIS, MN AND BROOKFIELD, WI .. 2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402-4100 Telephone 612,339,8291. FAX 812-339,0854 1 I~ -- I Ehlers and Associates, Inc. leA 0 e R S IN PUB II C FIN A Nee " AGREEMENT FOR PROFESSIONAL SERVICES I THIS AGREEMENT, entered into as of this day of , 1997 between EHLERS AND ASSOCIATES, INC. (herein called the "Firm") and the CITY OF ARDEN HILLS, MINNESOTA (herein called the "City"). 1 WITNESSETH, that the City desires to engage the Firm to render certain professional services and I both parties agree as follows: 1. Scope of Services. The Firm shall provide the following professional services for Tax I Increment Financing District No. 2H-Cottage Villas of Arden Hills. A. Review the project documentation to determine that the project is in compliance I with the Development District Plan, Tax Increment Project Plan, Contract for Private Development and Declaration of Covenants. Discuss this review with I the City and Developer to reach a mutual understanding of the project and closure of any open issues. .. B. Other general financial advisory services as requested by the City. I 2. Delivery of Service. Steve Apfelbacher shall assume primary responsibility for delivering the professional services required by this Agreement. Services requested by the City pursuant to this Agreement shall be communicated to Steve Apfelbacher by its City Treasurer. I 3. Time of Performance. The services of the Firm shall be provided upon request of the City I and shall continue unti I services are completed. 4. Compensation: Method of Payment. For the services provided hereunder, it is agreed that I Firm shall be paid at the rate of One Hundred Twenty-Five Dollars ($125.00) per hour. In addition, the Firm shall be entitled to reimbursement for all out--of-pocket expenses incurred I in the performance of its services hereunder including, but not limited to, the costs of reproduction of documents, delivery services, postage, long distance telephone call charges and travel. In no event shall the total amount billed to the City exceed $2,500.00. I All bills for services performed or for reimbursement of expenses shall be submitted no more I frequently than monthly to the City. Such billings shall be accompanied by documentation as shall be reasonably requested by the City. Upon approval of billings and supporting if documentation, the Firm's bills shall be promptly paid. OFFICES IN MINNEAPOLIS, MN AND BROOKFIELD, WI 2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402-4100 I Telephone 612,339.8291 . FAX 612,339,0854 -- "I Page 2 I 5. Additional Services and Compensation. The services enumerated in Paragraph 1 can be -- expanded by mutual agreement between the Firm and City. 6. Assignability. Firm shall not in any way assign or transfer any of its rights or interests under I this Agreement in any way whatsoever without the prior consent of the City. Further, Firm I shall not assign any other person as being primarily responsible for the delivery of services hereunder, other than as provided for in paragraph 2, without the prior written consent of the City representatives referred to in that paragraph. I 7. Termination of Services. City may, by giving written notice specifying the effective date 1 thereof, terminate this Agreement in whole or in part without cause. Firm may terminate this Agreement in whole or in part without cause upon giving fifteen (15) days prior notice to City of its desire to do so. In the event of termination, all property and finished or unfinished I documents and other writings prepared by the Firm under this Agreement shall become the property of the City, and the Firm shall promptly deliver the same to the City as set forth I above. Firm shall be entitled to compensation for time expended by it pursuant to the termination of this Agreement. IN WITNESS WHEREOF, the City and the Firm have executed this Agreement as of the date written .. above. I CITY OF ARDEN HILLS, MINNESOTA EHLERS AND ASSOCIATES, INC. I By: By: I Title: Title: I I N;\MINNSOT A\AROENHI\CONTRACT. I I .. I I I CITY OF ARDEN HILLS " MEMORANDUM 1 DATE: January 8, 1997 I TO: Brian Fritsinger, City Administrator Terrance Post, City Accountant @ FROM: I SUBJECT: 1997 Economic Development Authority (EDA) Budget I I Background The Arden Hills City Council passed and adopted Resolution No. 96-08, "Resolution Enabling the Establishment of an Economic Development Authority", on January 29, 1996. The EDA was I established under the authorization of Minnesota Statues sections 469.090 to 469.108. Although dormant in 1996, it was contemplated that the EDA may be involved in various economic development activities including federal grants at TCAAP, state grants through the Minnesota .. Investment Fund (MIF) and site acquisition in the Gateway Development District. Need for Budgetarv Action 1 At the January 2, 1997 regular council meeting, the Arden Hills City Council authorized the City Administrator to execute an Agreement for Loan of Economic Recovery Funds / Small Cities Development Program Funds with Cardiac Pacemakers Incorporated (CPI). As this forgivable I $300,000 loan agreement is completed, the need to distinctly account for this 1997 transaction is necessary . In addition, further discussions between the State of Minnesota, the City and the I Developer (CPI) concerning Phase II of this assistance program have begun. Statutorv Reauirements I In creating a 1997 budget for the EDA, there are several additional ancillary statutory requirements which also need to be addressed. 1 1. 469.099 Depositories. Default: Collateral subd. 1. - Every two years EDA shall name bank within the state as depository. Before acting as depository, named bank must give EDA a surety bond I conditioned for safekeeping of deposits. The surety must be at least equal to the maximum sum expected to be deposited at anyone time. 1 subd. 2. - The EDA may deposit all of its money from any source in one bank account. it I I Memorandum - January 7, 1997 I 1997 EDA Budget Page 2 -- 2. 469.100 Obligations subd. 2. - EDA annual budget to the City Council, which must include a detailed I written estimate of the amount of money that the EDA expects to need from the city to do EDA business during the next fiscal year. I subd. 3. - The fiscal year of the EDA must be the same as the fiscal year for the City. subd. 4. - Annually, the EDA shall make a written report to the council giving a I detailed account of its activities and of its receipts and expenditures during the preceding calendar year together with additional matters and 1 recommendations it deems advisable for the economic development of the city. subd. 5. - The EDA financial statements must be audited in the same manner as the I City and the audit report must be filed with the State Auditor by June 30 of each year. I Recommendations .. 1. Council Authorize staff to create an EDA Fund that will, at a minimum, account for $300,000 in receipts and disbursements in regards to the Phase r cpr Loan Agreement. 1 Council authorize staff to investigate a depository relationship in which to facilitate EDA 2. financial transactions. I 3. Staff will present a more extensive, formal 1997 budget request for EDA Commissioner approval once additional infomlation is known regarding other city economic development I activity options. I I I I .. 1 -. - I I CITY OF ARDEN HILLS " MEMORANDUM DATE: January 10, 1997 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrato@ SUBJECT: National Sports Center Ice Arena Master Agreement 1 Request I The City Council is being asked by the Minnesota Amateur Sports Commission (MASC) to consider approval of the National Sports Center Ice Arena Master Agreement. MASC has requested that action bc taken on this item prior to January 28, 1997. The Council should also I consider approval of the Supplemental Agreement with the Hockey Associations and Ramsey County. I Background On September 30, 1996, the City Council adopted Resolution #96-47, approving participation in financing, construction and operation of a four-sheet ice facility. The agreement to participate in .. the project was subject to the following conditions: 1. Approval of the Master Agreement between MASC and all of the participating I communities. 2. Approval of a Supplemental Agreement, including a $500,000 escrow, between 1 the Cities of Arden Hills, Mounds View, New Brighton, and Shoreview and the Mounds View and lrondale Youth Hockey Associations. I 3. Approval of a Supplemental Agreement between the Cities of Arden Hills, Mounds View, New Brighton, Shoreview and Ramsey County which includes the I County's $500,000 capital contribution toward the project. 4. Review of the final agreements by the City's Accountant and Financial Advisor to I determine future impact on the City's Bond rating. 5. Participation in the project by the Cities of Mounds View, New Brighton and 1 Shoreview. 6. Financial commitment from communities for all four sheets of ice at the National 1 Sports Ccnter. t' I I Memorandum - National Sports Center Ice Arena Master Agreement 1 Page Two - January 10, 1997 MASTER AGREEME~T -- 1. General The original draft of the Master Agreement attached to Resolution #96-47 was I dated June 18, 1996. The Agreement has been revised numerous times since this initial draft. The Attorney General's Office and the City Attorney have reviewed the document and also made a number of revisions. As of the date of preparation I of this report, several minor revisions or corrections are still expected to occur. I will not review all of the changes to the document, but will attempt to address any of the significant areas which were amended. I 2. Term The term has been clarified to be approximately twenty-five (25) years or the final I maturity date of the bonds. (Page 2, Section I) 3. Financing I The total cost of the project has been estimated at $9,500,000.(Page 2, Section II) The initial capital cost will be financed by a $500,000 down payment from each 1 ofthc communities and a $500,000 Mighty Ducks Grant. Ramsey County will make the $500,000 payment on behalf of the communities involved in our rink. The Mighty Ducks Grant was approved by MASC. f/I The Anoka County HRA will issue bonds to finance the remainder of the project. I 4. Facility Operation An issue of concern identified by participants was the consideration by MASC to 1 operatc other similar facilities. To address this, a clause was added stating that MASC will not staff and/or operate any other ice complex without the consent of the Joint Board. (Page 3, Section III, C) I 5. Joint Board Page 3, Scction III, D addresses the Joint Board to be created to oversee facility 1 operations. In order to compensate for Ramsey County's participation, the size of the Board has doubled. This allows for one representative of Ramsey County, and one individual representing the Cities of Mounds View, Arden Hills, New I Brighton and Shoreview as a group (MANS), to have a seat on the Board. 6. Usc 1 Page 4, Section III, E addresses the use of the facility. This section of the agreement has incorporated significant changes when compared to the original I document reviewed by Council. -- I I I Memorandum - National Sports Center Ice Arena Master Agreement " Page Three - January 10, 1997 Section III, E, 1, (a) has been amended to define "high season" hours. This is critical as it provides clarifications to the required 2080 hours of ice usage cities I must guarantee. 7. Obligations I Section III, E, 1, (b) further addresses the obligations of participating cities: - (i) Allows cities to obtain revenue from the sale of dasher board slgnage. I - (ii) Clarifies the 2,080 guaranteed hours and the percentage obligation for which Arden Hills would be responsible. (Arden Hills will be approximately 15.5%.) The percentage obligations will be I reviewed annually. This section will under go additional revisions to be consistent with the Supplemental Agreement. (iii) Allows for the assignment of guaranteed hours to other political I subdivisions 8. Budget I Section III, E, 1, (c) clarifies the annual budget for the facility. The process put in place requires the budget to be presented to the Joint Board for review and .. comment. This language was added to address the concern about the rate stmcture or other budgct items being changed without oversight or input from the participating communities. I 9. Ice Usage Sections III, E, 2, 3, and 4 addresses the procedure for notification on Ice Usage. I It's through this process that MASC is notified of the need to utilize their marketing skills to market available ice time. I 10. Financin!! Overations Section III, G expands on the various financial operations of the facility. (1) broadens the application of revenues by creating a capital improvement I reserve with a maintained level of $250,000; defines the operating cost reserve at $500,000; and allows for any "excess" profits to be allocated I pro rata to each party based on their guaranteed hours. Section III, G, 1, (d) defines the schedule of debt service on the bonds. - I While the Attorney General has prepared this language, it is very difficult to follow. The basic premise is that when you consider this paragraph along with other parts ofthe Agreement, the City agrees to levy a tax to I pay for our share of the 2,080 hours if a shortage exists. (This does not exclude the use of escrow funds or other funding sources to cover the ft obligations of the City.) 1 -------- I Memorandum - National Sports Center Ice Arena Master Agreement I Page Four - January 10, 1997 11. Operating Expenses -- A clause has been added which states MASC will contribute the net profit from concessions and sponsorships to the benefit of the facility. Previously MASC got I to keep these profits. (Section III, H) 12. Construction of Facility Language has been added clarifying the down payment timeliness. (Section IV.) I This section is also expected to be revised, based on Ramsey County's ability to fund its portion of the down payments. I SUPPLEMENTAL AGREEMENT WITH HOCKEY ASSOCIATIONS & RAMSEY COUNTY I The Supplemental Agreements with the Hockey Associations and Ramsey County have been combined into one document. The purpose of the Supplemental Agreement is to define the rights and obligations of the parties primarily with respect to the allocation of financial I responsibilities. 1. Escrow 1 Page 3, Scction V, B, 4 addresses the requirement of the escrow account to be maintained by the Hockey Associations. The initial resolution required a $500,000 non- replenishable escrow. The current agreement has been changed to include a slightly .. different approach to the escrow. a. A $300,000 escrow will be established and maintained throughout the life of the agreement. I b. $200,000 will be contributed upon execution of the agreement, with the remaining $100,000 provided at the time of opening. I c. The Associations will contribute an additional $25,00 a year for four years to bring the maximum balance of the escrow to $400,000. d. The Associations agree to maintain the escrow at a minimum balance of I $300,000. In other words, if the escrow falls below $300,000, the Associations will replenish the account. (The requirement of a $500,000 escrow included in the original resolution did not include language which required a replenishment of I the account.) e. If the Associations fail to maintain a $300,000 balance in the escrow fund, MANS reserves the right to impose a surcharge on any rental of ice time to the I Associations. 2. Ramsev County Contribution I Page 2, Section V, B, (1) states the County agrees to contribute the $500,000 down payment to MASC. The County Board did budget for the expenditure in 1997. This I section also addresses the Ramsey County requirement that the cities guarantee the aruma! purchase of 1,000 hours of ice time from the county. -. 1 I I Memorandum - National Sports Center Ice Arena Master Agreement Page Five - January 10, 1997 " Section V, B, (2) clarifies that the Associations agree to purchase the 2,080 hours from MASC and the 1,000 hours from the County. I REVIEW OF BOND RATING IMPACT The City Managers have discussed the impact on municipal bond ratings with Springsted and I Ehlers and Associates. Springsted has reported that the debt will count as reportable debt, but it has no impact on rating unless we don't fulfill our obligation. Ehlers has basically agreed with this statement. I These public financial advisors have indicated that the obligation is a disclosure item on any future bond issuance. There is no direct impact on bondable capacity. I PARTICIPATION OF NEIGHBORING CITIES Mounds View, New Brighton and Shoreview adopted similar resolutions in September to that I adopted by Arden Hills. No one has withdrawn for any reason. Arden Hills is the first of these cities to act on the final Master Agreement. Blaine and Coon Rapids have already approved the Master Agreement. I FINANCIAL COMMITMENT TO FOURTH SHEET OF ICE .. At this time, MASC has committed its financial resources to the fourth sheet of ice. No cities or other governmental agencies have committed. The Centennial Hockey Association has committed to using one-half of the ice time. The City of Roseville is still considering the other I half. While MASC is currently liable for all responsibilities of the fourth sheet, it will continue to pursue other agencies or tenants to eventually assume these responsibilities. I Action Reouested The MASC requests Council consideration and approval of the Master and Supplemental Agreements. I Should the City approve the Agreements, staff would recommend the approval be subject to the following conditions: 1 I. Participation in the project by each member of MANS (Mounds View, Arden Hills, New Brighton and Shoreview); I 2. Approval and execution of the Supplemental Agreement, between the Cities of I Arden Hills, Mounds View, New Brighton, Shoreview, Ramsey County and the Mounds View and lrondale Youth Hockey Associations; I 3. Rcceipt of the $200,000 escrow payment from the Mounds View and Irondale Hockey Associations upon execution of this agreement. it 4. Paymcnt of the $500,000 down payment by Ramsey County to MASC. I I Memorandum - National Sports Center Ice Arena Master Agreement . Page Six - January 10, 1997 -- 5. Minor corrections or revisions to the Master and Supplemental Agreements which are not substantial in content will be reviewed and approved by the City Attorney I and City Administrator. 6. The Mayor and/or City Administrator be authorized to execute all necessary I documents. I I I I .. 1 1 I 1 I I I .. I -----..--- J.':"';;l,Jc~o 1.1; ;..: rA.1.. i~.);)I;)~::l _\::,C l4.JUU1:Ul;:> I -... ~. M^St. 1 ~~ I ~- ~ I December 20, 1996 TO: Super Rink Partners 1 1. Coon Rapids A1 Hofsted, Facsimile: 767-6531 2. Blaine Roger Fraser Facsimile: 785-6156 3. MANS/Ramsey COllnty Terry SchwCIffi Facsimile: 490--4699 I Brian rritsinger Facsimile: 633-7839 Matt Fuloon Facsimile: 638-2044 Greg Mack Facsimile: 777-6519 Chuck Whiting Facsimile: 784-3462 I 4. MASC Torn Duffy Facsimile: 783-8248 Palll D. EricksonG~~ F~ I Executive Director- Minnesota Amoreur Sporrs Commission RE: Update and Approvals - Timetable .. The purpose of this updare is 00 re.state the importance "fhaving all of the governmenral approvals I completed by early January 1997. 1.) Anoka County has scheduled the Financing Approval on January 28, 1997, Anoka County 1 requires ample time to review the approved agreements before the Jan. 28 deadline. 2) As per the Mastet Agreement on page 10 we need all parties to approve the "proposed I design" (attached) with appropriate language. Please note ,hac the Joint Powers Board will have an opportunity to review the schematic design documents in 60-90 days. Note: If items 1 & 2 cannot be executed by Jan. 28, the entire project srarts to get behind I schedule. Then the construction cannot commence lIntil aftcr Aug. '97 because of the important scq uena of tasks, I Please rnak< every effort 00 help keep this important project on .chedllle, Thank you. I I f' MINNESOTA AMATEUR SPORTS COMMISSION 1700 105rh Avenue NE. Blaine. Minne$ota 55449-4500.8121785-5630 . fax 612/785-5699. rdd 612/297...5353 A.~ EQual OppQrf..VJiry emplOyer 1 ~'''_V' ~o "' '." ".-u-'.oooo~ .'>C ~~"","",) I ----- , /' 1.1:",. "'; p,--,. -I I II . -. I . I , </) i C; Q) o ~ I o c '" '" X E . (:I V> Q) I.. a E c.. . I I 1= ~ 00 I ~ 13 (J) 20 '", N .... I 10 ~~~ ~ I ' I ~ 'ag~ I ;,;.; IIUI 111'\ !"j ~;;:'" I""') ~ 0 <ll Q) ,I.. _ :;.;> I . I rJ'. f/) III C'C co ~, ' " '~,' ,r. en:I: J: >.1./ ',. 0 .. or ~ " to .. . '.. [vi '. "".. IIol ~ "'''' I I /. it., b ,,-.....- , . iIo ". '!,: ,.. iJi--r;Jl'-'i1oj---ao:3 Ii .. _ __ "--.....~rl~---.'., .. JJr. '-.-.-~'~~. . .. I ..../" ~. ....,"\'OlJ //,. . ,I ". EpI \ ..,..f' ' I II 111'1 - " I , ~ , i I1II tL 1 'l I ~~ " I ,~I' 8 I I 1;111 rJ! ~ I ~ 11111\ ffi '1,111111' & I ,1111 ~" I, ,~I.llli, I ~ I I '. / i . I.' "" . I L . n , "Proposed Design" Acceptance" .... I . Pursuant to Paragraph IV of the National Sports Center Ice Arena Master Agreement, hereby accepts 1M attached proposea aesign described as . ~ Signature Date ---.-..-,-..---. .----.. - -." ".>',.:..;".. . '" " . . tiJ.:.(i":: I I _~~LJ/~l) l' ;'-i"': tAJ.. I c'j;).)b~:::f ,\.sC ~UU.J/U15 1 NATIONAL SPORTS CENTER \2/21/96 " ICE ARENA MASTER AGREEMENT THIS MASTER AGREEMENT shalt be effecrive as ofrhe fifS( day of January 1997, and is I m~de and emered inro by and berween rh" Stale of Minnesota acring rhrough the Minnesora Amateur SpOrtS Commission (hereinafter referred ro as "MASC") , the Ci,y of Mounds View, Minnesota a political subdivision of me Sr"" of Minnesora (h",einafter referred to as "Mounds I View"), rh" City of Arden Hills, Minnesota, a political subdivision of the Stare of Minnesota (hereinafrer referred to as "Arden Hills"), me City of New Brighron, Minnesota, a political subdivisioll of rhe Scare of Minnesota (her_in alter referred ro as "New Brighron"), the Ciry of Shoreview. Minnesora. a political subdivision of rhe Srare ofMillnesora (hereinafter referred to as I "Shoreview"), (Mounds View, Ardw Hills, New Brighton and Shorc;view referred to herc;in as "MA.NS"), Ramsc;y County, a politico! subdivision of rhe Srare of Minnesora (h"reinafter refened ro as "Ramsey") the Ciry of Blaine, Minnesota, a political subdivision of the State of Minnesora I (hereinafter referred ro as "Blaine"). and rhe Ciry of Coon R:1pids, Minnesora, a political subdivision of rh" State of Minnesma (hereinafter refened ro as "Coon R:1pids") (each of rhe parries hereto orher than MASC and Ramsey Couney coliecrivdy referrod to het"in as "me Subdivisions"). I WITNESSETR WHEREAS, MASC in partnership wirh rhe Subdivisions and Ramsey County, h.s aumoriry I ro design, construct. own and operate a four sneet ice arena and auxiliary facilities (hereinaftet referred to as the "Facility") to be locatcd on the property owned by MASC consi,ting of the Nacional Sports Cemer loeared 11' 1700 105m Avenue NE. in the Ciry of Blaine, Minnesota .. (herdn.fter referred to as the "NSC') pursuant to authority granted to i, under Minnesota Sratutes, Chapter 240A (hereinafter r"ferred to as the "MASC Act"): .nd I WHEREAS, the Subdivisions and R.1msey Counry wish to enter into an agreement with MASC und", Minnesota Statutes, Seetion 471.59 und"r which the Subdivisions will pa.rtkipate in the financing of the ownership and operation of rhe Faciliry agr'" to purchase c"reain portions of the ice time available in ,he Facility, and provide certain guarantees needed to accomplish the financing I of the Facility, .ll pursuant to authoriry gramed to th"m pursuant to Minnesota Statmes. S"etions 471.59, and 471.191, Minnesota StatuteS, Chaprer 475 and various genetal and sp"ciall.ws and chart"r provisions governing rh" operarion of the Subdivisions, and I WHEREAS, the MANS Subdivisions and Ramsey County have e",ered ineo certain Supplememal Agreements rcgatding thc contribution of capital to rhe Facili ty attached her"to as I Exhibit A: and WHEREAS, each of th" Subdivisions and Ramsey Counry have adopted resolutions .pproving participating the financing of the constrl.lccion and op"ration of the Facility pursuant to I this Mast'" Agreement in the form for ead, Subdivision as artachd in Exhibit B; and WHEREAS, the faciliry is intended to be financed with capiral contributions from the I parries hereto and with the proceeds ofbondi to be issu"d by the Anoka County Housing and Redeve1opffi"m Amhority (hereinafter referred ro a" rhe "HRA"), further secured through me issuance of gen",al obligation bonds of Anoka County (hereinaner referred to as "Anoka COurlty"), I pursuant to a resolution or r",olutions of the HR.-\ and Anoka Counry and an agreement among rhe HRA. Anoh Counry .nd MASC governing the ismance of rhe bonds, the ,"curity for ,he bondi, and rhe responsibiliti", of ,he MASC (rhe HRA bonds hereinaner referred to as th" "Bondi"), the fI .greemenr among the MASC, the HRA or Anoka County (hereinaft<:r referred to as rhe "Financing 1 1 1~";":O;96 17,.:] FAX 7ci556~8 .\s<.: tgj004 01, I Agreement"). and rhe resolurions of che BRA and Anob Cou.nry and the Financing Agreement, 1 tOgerher wirh any ocher documents entered into among the MASC, the BRA and Anoka County in connection with che issuance of the Bonds (hereinafter collecrivdy referred ro as the "Bond -- Documents"); and WHEREAS, as a condicion of issuing rhe Bonds, the Bond Documenrs require a colla,eral pkdge of rhe Mascer Agreemem co the Truscee for the Bonds. I NOW THEREFORE, rhe parties here co hereby agtee as follows: l. TERM I This agreement shall be effective as of rhe date see forth above, :uld shall terminare on the earlier of the first day of January, 2024, or the final maturiry dare of the Bonds. This Mascer Agreement shall remain in effect umil rhe fInal maruriry date of ,he Bonds notwithstanding any I redemption of ,he Bonds in advance of che matLlriry dace thereof. The Subdivisiom and Ramsey Counry shall have the conrinued right to panicipate as per section Xl. II. FINANCING I It is conremplated char rhc coral cosc of the design, constrUCtion and securing financing for che Facility, including .ny initial deposirs for capicalized interest and reserves required under che Bond Documents (hereinafter referred co as the "Toral Development COStS") will be approximarely I $9,500,000.00 (nine million five hundred thousand dollars) and is agreed that rhese cases will be paid from a combination of (i) the Bonds, (ii) non-cash eonrrihurions by MASC, (iii) cash conrriburions from the Subdivisions and Ramsey County, and (iv) grants ro be made by l\1ASC (Q I municipalities from bond proceeds of the Scare of Minnesora which have been appropriared (Q l\1ASC for this purpose (hereinafret referred to as "Mighry Ducks Grants"). The Total Development CO"' will be made available for the Faciliry by the panies as follows: ~ DOWN PAYMENT, MANS, M,-\Sc. Blaine and Coon Rapids will depo,itwirh l\1ASC in escrow a down paymenr in rhe amounr of $500,000 (five hundred chousand dollars) in cash .., described in PART IV below, Ramsey Counry will make rhe $500,000 paymem on behalf of I MANS. Ir is agreed thar. in addition (Q a cash down payment, MASC agree' co make available rhe I land on which ,he Faeillry will be 10 cared and access therera, as well as the relared facili,ies md equipmcnt described in Exhibit C. MIGHTY DUCKS GRANTS, lr is anricipared ,hat Mighry Ducks Grants will be made to I municipali,ies for the purpose of the Faciliry in the amoum of leaS( $500,000 (five hundred thousand dollars), and duc the Mighry Ducks Grams will be directly contributed by the recipiem (Q MASC or orherwise assigned under this Master Agreemenr or the Bond Documents in order to I make the proceeds of ,he grants available for rhe Faciliry. Any such grants as may be awarded will be in addir.ion ro the: down payment requirements referred co above. BONDS, MASC agrees co use its be" effom co obcain nCt financing available for I construction and permanent financing from the proceeds of the Bonds to be issued from rhe HRA under the Bond Docu.menrs in the amount of nOt to exceed $9,000,000 (nine million dollars). Each parry will cooperate wirh Anoka Counry or irs designee and will perform such I covenants and obligations as it undercakes to Anob Counry. As. more fully ser forrh below, all rights granted under this Master Agreement will be assigned to the bond ((ustec under rhe Bond I Documents (hereinafter. rhe "Trustee"). The bond Documents will require thar the annual 2 .. I I l.~/"U/~o 11:.H r_-Li. i ~;j.;)o~l:l .\.:;l -..-. 141 UU;)/ 1)1,;) I operating budge" for ,he Facility mus, include amounts necessary ro pay all operaring cow and " annu~l deb, service on ,he bonds. A5 described under PART III E, below, MASC and the Subdivisions here co will be obligated to make certain fixed rentol p~ymems for ~ specified amount of ice lime in amounr.s which will cumulatively provide for ,ne p.ymcm of all operaling and deb, service costs of ,he Facility. 1 It for any reason, (including refusal of a parlY co make eovenan" deemed essenlial by Anoka County) bond financing is not secured, this agreement shall be void and all of the cash down I payments sholl be refunded to the parries excep' for the $5,000 from each of MANS, Blaine and Coon Rapids, receipt of which by MASC is herel)y ~cknowlcdged as an amount separa'e from and in addilion 10 rhe down p~ymem required under this paragraph II. I III. FACILITY OPERATION A. OWNERSHIP It is agreed ,hat ,ide to all real ptopetty upon which me F~cility is co be located Or I otherwise neeessaty for [he operation or aee"s5 <0 the Facility a< <he NSC will continue be held by MASC. Title to buildings, fixtureS and equipment reladng to the Facility under rhis MaHer Agreemem shall be held as required under the Bond Documenrs umil such lime as I none of the Bonds remain ou",anding LInder rhe Bond DocLlments. Upon the rcrminacion of rhis MaS{er Agreernenl, Ihe Faeilicy shall remain under rhe ownership of MASC. B. LlABIUTY I For purposes of this Masrer Agreemem, MASC shall be rhe operacor of ,he Facility and shall be responsible for all operational decisions which may give l'ise !O !Ort: liability by reoson of <he operation of the fa.ility. The parries ro Ihis Masrer Agreement shall be liable .. only foe obligations undertaken by them pursuant to rhis Masrer Agreemem or otherwise provided by conrra." MASC may at its sole opdon and discrerion eleor to either purchase such insurance as it may choose, or decr [Q proceed under Minnesora Scare Ton Liabili~ Act. I C. STAFFING MASC will hire, supervise and coordinat<: all permanenr and temporaq sraff I necessary and eonveniem to operare rhe fa.ility. For purposes of determining operating expenses, M>\SC may make sllch reasonable allo.alions of ,he overall expense ope1'3,ion of the N .,ional Sports C,mer expense ro rhe FaeiliLY as fairly represenr the cOst of all staff I hciliries and equipment employed on behalf of or beneficial ro th. faciliey. MASC may in its sole discretion delegare the opera,ions of the facility ro the Katiollal SportS Centet Foundarion. The disb\lrsemem of Funds under ,his M..,er Agreemenr and any .0ntraC" entered imo to carry our the MaSler Agreement shall be the responsibiliry of MASC and '\leh I powers ,hall be exercised pursuam to the laws which apply to MASC. MASC agrees rh~t it will nOt staff and/or operate any Other ice complex (except I Columbia) wirhout the consenl of (he Joim Board established pursuant to part D below (hereinafter referred ro as the "Joim Board"). D. POLICY I There shall be esrablished pur$l.lam ro Minnesora Sratures, Secrion 471.59, S\lbdivision 2, a J oinr Board consisting of cwo members appoimed by each of Blaine, and Coon Rapids, and one member selec(ed jointly by rhe munici(>aliries included in MANS, I one member from Ramsey County and four from MASC. Any party direcrly obligating irself for Guaranteed HO\lrs, as defined below, under this Masrer Agreement and who becomes a it party (0 this M,,-,(er Agreement shall be entirled !O replace one of the members of <he Joinr 3 I 1"''' ",u, ~t't .i/:-:l-:l: 1'_1....1.. I ~<)UOl;:l~ .".)oL l€J UUO 1)..1.<) - --- I Board with irs own representativc for each one thousand forcy (1,040) Guarameed Hours I assumed from a parcy IO this Master Agreement assigning the Guaranteed Hours. The Joint Board shall exercise such powers as arc set forth in this agreement or required under the .. Bond Documents, including: l. Adopting bylaws governing its proces; and procedures. 2. Establishing procedures for the fair .nd equitable exucise of righrs relating to I this agreemenL 3. Approval of an annual operating budget comistcn~ with this Master I Agreement and the Bond Documenrs. 4. Establishing fair and equitable use and programming policies and procedures I nor. covered by and nor incon~isren( with (hi5 Masrer Agreement and me Bond Documenrs. 5. Derermining nnanci;;ti reserveS nor inconsistent wlth this Mastcr Agreement I and the Bond Docwncnts pursuant to section [H-G of this Master Agreemem. The Joint Board shall provide such information to Anoia Councy at such times as may be I required in rhe Bond Documents. E. USE !. (a) Righrs - Blaine, Coon R1pids, M&"IS and MASC shall have a I prioricy right to ::>chedulc (thigh seasonll hours 'il.') hcreinafl:er defined {'or one of the four ice surfaces. The High Season is defined as 1,320 hours in the Winter Season (Ocr. 15 to Mar. 15) beh parry sha11 also have rights and .. obligurions to 326 hours in the Fall Season (Sepr. 1 to OCt. 15) and 434 hours in rhe Spring Season (March 15 to May 30). Such rigl",s may bc exercised by the above parties on such cerms) conditions and length of nodce as determined by cile Joint B,,"rd. I In a.ddition to ics rights with f.::$pec:c [0 one of th~ four ice shccrs 01.$ described in rhe above paragraph, MASC shall have a prioricy right to I schedule all four ice surfaces for the momhs of June, July and August. MASC .lso has priority for all four ice surfaces for the All-American Girls' & Women's lee Hockey T ournamel1t (four days total in October andlor I November each year) ro the extent of 140 hours and a Chrisrmas Tournament ro be held becwecn Chrisrmas Day and New Years Day each y""r for up ro 352 hours of ice time. In addirion, each ofMASC Blaine, Coon Rapids, and.MANS shall be entided to scheduling prioricy for .11 four I ice surfaces for the purpose of holding a rournamenr requiring all four surfaces for one weckend during "High Season" (denned as 1,320 hours betwecn Ocrober 15 to March 15 Winter season) on such terms and I conditions as the:: J cine Board deems appropriate::_ All use of the ice sheers pursuanr ro this paragraph shall be paid for thc party using the ice sheers at the regular hourly rate, and a11 hoUt's paid for pursuanr to ,his paragraph shall be credited to each respective parcy against their obligations under paragraph I (b) below. I 4 .. 1 I ..1.'<: ';;:;Vi:::ltl l { ;...V .t.:U. '~;)':H)~.tl :":)L ~._.- ~UUi.'Ul;j . b. Obliga,ions ~ (i) MASC and the Subdivisions are obligated to pay rental income for ,he Facili,y annllally in an amOllnr eqllal '0 rhe number of hours ser forrh below (hereinafter the "Guarante"d Hours") times ,he regular hourly [are (hereinafter teferred to as "Guaranteed Rental I Income"). Blaine, Coon R'pids, MANS and MASC shall have the right '0 sell dasher board signage in rhe icc sheer assigned to them as per the policy of d1e Joint BClard ro sponsors and adverrisers from its . relared community, and all proceeds acmally raised by such party may be used as a credit againsr tha, party's Guaranteed Rental Income. MASC has ,he riglus to sell dasher board sigl'lage to regional sponsors as part of overall f>ciliry sponsorship for rhe bencfi, of the facility. I No party may sell ,ignage in conflic, with overall facility sponsorship. (il) Blaine, Coon Ihpids MASC and MANS each shall be I obligared to pay Guaranteed Rental Income pursuant to this paragraph (ll) in amount equal ro two thousand eighty (2,080) Gllaranteed HOllrs annually (the MASC guo.ranreed Hours under this paragraph hereinafter referred to as rhe "MASC Sheet HOllr"). . In addition to che above paragraph. MASC ,hall be obligated to pay Guaran,eed Remallncome ar ,he Guaranteed Hourly Ra,e for I an additional [wo rhousand eighty (2,080) Gllarameed HOllrs (rhe MASC Guarameed Hours under ,his paragraph hereinafter ,eFerred to as "MASC Addirional Hours"). .. The MANS Subdivisions shall be obligaroJ to pay Guaramecd Renml Income pursuan, ro this paragraph (b) Th" fOl'lnula for dl.e allocation of guaral1!cc-is pursuatu ro an agrctme.1u I between ,he MANS parcies. The initial allocation ro each MANS Subdivision is the following percenrage of 2.080 Guaran,eed Hours: I Mound, View _ % Gllarantee Obligarion Arden Hills _ % Guarancee Obliga,ion New Brighron _ % Guarantee Obligation Sho review _ % Guaran,ee Obligation . Ar leasr 30 day, before the beginning of each fiscal year MAi"\lS shall no,ify MASC of any chang<:$ in rhe above allOtment I formula. If MASC does no' recoive notice in any subsequenr year, the previous allocations shall apply. I Oii) Panios to this Masrer Agreement may be released from their obligations under this paragraph (b) for Guarameed Hours under ,he following condi,ion" I The MANS Subdivisions may assign rheir Guaranroed Hours to orher MANS Subdivisions upon rhe filing of a certifioato wim ,he Joim Board, MASC and Anoka County execured by bodl I Subdivisions, and accompanied by a resolurion of the Subdivision ro which rhe Guarameed Hours have been rransferred aurhorizing me Subdivi.,ion '0 assumo the obligation for rhe Guarameod Hours, tt 5 I - . "'_' ,;.V, .;JV ~ J .-t<J r..1...I.. 10';';)"''''' . ~ .:J \.. i(ljUU~(Ul;) I together wi tl1 an opinion of counsel to rhe Subdivision as the validity 1 of rhe action of the Subdivision asmming rhe obligation for the Guaranteed Hours, with both the resolurion and opinion required to -- be in rhe form ~cceprablc to MASC and Anoka Co un'}'. MASC may assign its Sheer Hours and its Addirional Hour< to any politic~l subdivision authorized by law to assume rhe I obligations for Guaranteed Hours under this Masrer Agreemenr, induding rhe obligation to levy for Operating Expenses, if necessaty under G(1)(a), upon the filing of a cetrificate with the Joint Board I and Anoka County execurcd by rhe MA5C and rhe subdivision asswning rhe MASC obligation, and accompan ied by a resolution of the subdivision to which ,he Guaranteed Hours have been transferred aurhorizing rhe subdivision to (i) enter into rhis Master Agreement (if I rhe subdivision is nor already a party ro this MaSter .-\greement) and (ii) assume the obligarion for Guaranteed Hours, rogerher wi,h an opinion of counsel to rhe subdivision a, ,he Y;llidity of the ~ction by I the subdivision ,""suming the obliga,ion for the Guaranreed Hour.', with both rhe resolution and opinion required '0 be in a form aceeprable to Anoka County. I Blaine, Coon R:1.pids, and any political subdivision nor a parry to ,his Ma'ter Agreement on the effective date hereof who subs~quendy becomc:; a parry (0 this Master Agreement. ma.y assign I ies Guarameed Hours ro any political subdivision authorized by law eo assume rhe obligations for Guaranreed Hours under rhis Master Agj'eement, including rhe obligation ro levy For Operaeing Expenses, .. if necessary under G(l)(a), upon (i) the approval of rhe assignment by the Joint Board and A.noka County, which approval is to be based upon che financial capaciry of the assignor, whi~h approval 1113.Y not I be unreasonably wirhheld, (ii) rhe filing of a certificate with the J oim Board, MASC and Anolo County executed by rhe party assigning the Guarameed Hours and the subdivision assuming the obligation, for rhe Guaranteed Hours, and accompanied by a resolurion of the I subdivision", which the Guaranceed Hours have been transferred authorizing dle subdivision (0 (i) enter inro [his Master Agreement (if the subdivision is not already a parry ro this Master Agreement) and I (il) assume the obligarion fot the Guaranteed Hours, rogerher with .n opinion of counscl to the subdivision as the validity of the acrion by the subdivision asswning rhe obligation for rhe Guaranreed Hours, I wirh born rhe resolution and opinion tequired [0 be in a form acceptable ro MACS and A.noka County. c. B udger -- I MASC shall submit a proposed annual budger (hereinaf,er referred to as rhe "Annual Budget") to the Board at leasr 120 days befote rhe beginning of a n= calendar year (hereinafrer referred to as the "Fiscal Year"). Such I Annual Budget shall indude an hourly tate (the "Guaranteed Hourly Rare") to be charged for ice sheer remal at a level such thar projecred Guaranteed Remal Income, if received, will be adequate to pay all Operating Expenses, as defined below, a nd Bond Expen,.s for the following Fiscal Year. In addition. I rhe Annual Budget shall esrablish rental charges for its eime above and 6 .. I I .l-".;::u'l:tO .1I :..H) r.>U i O;)VO/:t;:t .".}..... -, ~ ~UU<1' UJ,.,) I beyond rhe 10AOO Guarameed Remal Hours (rhe "Off Peak Rental Rares") " which shall be sufficient to produce income from such off peak rental usage arleast equal to ,hc additional operating expenses, if any, attriburable to such off peak usage. For purposes of rhis MaSON Agreemem. "Operating Expenses" shall be defined as all com of operating and maincaining ,he I Faeiliry. including the fixrllles and C<luipmem required therefore, and all depasirs required ro ope,,,ing reserves, bur shall nOt include ,he com of promo,ion and coordination of special evenrs in me Faciliry spOl1.\ored or I organi2ed by or On behalf of MASC. If ,he Joim Board determines rhat the Operaring Expenses arc nOt reasonably necessary to operar< rhe F..ciliry as imcnded, the J oim Hoord may objecr ro ,he proposed budget ar leasr 60 days prior co rhe beginning of a new Fiscal Year. If rhe Joint Board does not rake I action to object ro rhe proposed Operaring Expenses within 60 days priot ro ,he new Fiscal Year, tht Operaring Expenses ond rhe Annual Budge! shall be deemed ro approved by ,hc Joinr Board, and rhe Guaranreed Hourly Ra,e for I [he Fiscal Year shall be deemed ro be approved. In rhe evem rharlvfASC and rhe Board are unable ro agree after all parries have made rheir besr efforrs, rhe quesrion of reasonableness of d1e budget shall be submined to binding I arbin>lion wirh rht Omce of Alremative Dispure Resolucion in ,he Slare Bureau of Media,ioll Services. The proposed Annual Budge<, and the Guaramccd Hourly Rare included therein. shall be in effccr as the firS! day of (he fiscal Ye:l!' in the cvcnc char a.ny arbicrarion hereunder is nor complc[cd as I of the beginning of the F.scal Year. MASC members on rhe J oim Board shall be permitted to Vote on the Annual Budget as bMrd members. d. Enforcemem of Oblig",ions Ie MASC is hereby delegated as the 501e parry lO this :>greemcm charged with the dury of enforcing the renral and Guaranteed Hours obligations of rhe other four parties. 1 In its disoharge of rhis dury, MASC in its discretion may employ any dispute resolution, mechanism5 and. [echniques jncluding ncgor:ia~io!1s, I mediacion, arbicrariol1 and lirigarion. 2. Procedure I Each year, prior to each rental season (as defined by the Joint Board) each parry shall norify lvfASC on such rerms and condirions as are deemed appropriate by rhe Joint Board of ,h" numbe, ofhou" of ,he parry's Guaramecd Hours for which me party 11", obrained eI,her a commitmem flOm a rhird parry to rem d,e applicable I ice shee, or for which the patry has derermined to use rhe applicable ice shte, for irs own ille (herein teferred 10 as "Secured Rencal Income") ir has obtained for mar seilson. I MASC willrhen eredir such hours as a preliminary reservation IOwards rhe parry's obligation l,mder IlLE.(\) above. Ar the ,ame time. each such parry may I rdose in writing Guaranteed Hours for marketing by NlASC. In !iuch case. preliminary credit towards the obligarion under lILE.(1J above will be provided in me same proportion :J..S '(he hours released by that parry bears co me roral hours rde",ed by all par,i... Credit against Guaranreed HoutS shall accrue only when I released hours are acrually remed and rhe applicable remal income is received by f' 7 I J...i;;;"'U"~1:) .!./:-ii r.~ I~;);)Q:;;:;; .....,::.C --, LgjU1U/Ul<> I MASC. In addition. all hours socured by MASC above its MASC Sheet Hours and I MASC Addirional Hours shall be credited equally [Q th~ other p:uties to this agreement. When MASC sells fall and Spring hours. .11 foul' sheets are crediced -- equally. In rhe evont that MASC is able [Q rcnt ice cime for MASC programs in ace<< of the capacity of me Facilities, MASC shall provide for a preference in rcncab to ice I rinks owned and opcrared by Subdivisions who arc a party to chis Master Agreement. 3. Major conrrac" for lce purchases will be $ubmirred ro the Joint Board for approval. 1 4. MASC will provide each patty an e<rimate of the reconciliation between Guaranrc::r::d Rental Income and income acrually received and projecred co be I received by year end by December 1, or each year. In the event that any party fails [Q payor otherwise p[Qvidc for che paymcnr of GlIarameed Renca! Ineome as obligated above. ,uch party will pay che d,fference between income secured and income I oblig.ced within 30 days after the year end reconciliation of accounts ,howing the deficir is presented [Q e.ch party. F. SCHEDULING AND PROGRAMMING 1 Scheduling and programming policies shall be docermined by the Joint Board, excepr rhat scheduling may nor be inconsisrent with this Ma,<<cc Agreemenr. 2lch party h", <ole discretion in scheduling and programming ir's priority hours that are nOt inconsistenr with I rhis Master Agreemenr. G. FINANCING OPERA.TIONS Appropriate books and records representing rhe operating revenues and expenses and .. capi"l assers and liabilities tdating co rhe facility shall bo maimained by MASC. The following reserve accounts shall be maintained. ]. Applic.don of ReveL1ues I The following provisions shall apply to tevenue generated in conne".on with the operation of the Facility: I (a) The general principle of payment in fuJl before use shall apply (0 this facility and addicional advaIlce payment requirements will be determined by I rhe Joint Board. For extended rtntals. such prior payment shall be for ,uch period of rime a' i, dctermined pursuam co policie, recommended by the MASC and approvod by the Joim Board. Any party to rhis Mascer Agrc~ment may retain any amounts by which (he hourly rental rate charged 1 by rhe patty for use of ice time in the Faciliry exceeds rhe Guaranteed Hourly Rare. Notwirh.mmding rhe provision of this paragraph, it is rhe intent of the parties clm rhe obligations referred (0 in paragraph IILE(b) bc cnforced aITer I the end of each fiscal ye>! and rhar the prepayments r<ferrod to in this paragraph refer only (Q acrual user fees. (b) Admission income from events sponsored by the parries shall aCcrue I (Q (he respecrive party. (e) MASC shall retain all of the revonuc< generated by rhe Facility nor I specifically alloeared pursllam to this Masrcr Agrcemem. including by not 8 .. I ___m I ---.., ....... ,;,v .;J<.) J../_,*I r..,,~l,. '0,);:1 Q::I:;' .~ ,:,..... (f!:.j U.l.l: 1J1..) I limited co concession, admissions income, and rental of space for all purpos~s " orhor chan ice time, including resraurant or food service operations. MASC shall dediearo all revcnuos a",iburable to rho Facility to activiti"" for ,he benefit of the Facility, including the dcvolopment and sponso"hip of me Facility or special events, payment of opcroring or debt service shorr falls, I improvements to or expansion of ,he Faciliry, and [he early paymenr of rhe Bonds, all " determined by M.I\SC. In the event rhat MASC advancos such revenues ro pay Operating COStS or Bond Exponses (exeepr ro rhe eJ<cenr necessary ro meer MASCs obligarions with respecr to Guaranteed Rental I Income), MASC shall be enrided co reimbursement from Guaranteed Ron,al Income. I (d) The Bond Documenrs will include a schedule of rhe debt service on ,he Bonds for each fiscal yoar under rhis MaSt'" Agreement. In ,he Annual Budger adopred for each Fiscal Year pursuanr to paragraph III(e), rhe Juinr I Board will identi/}' ti,e amount ol-'bond debr service, bond expenses, and deposit< to reServes required under ,he Bond Documents (hereafrer referred co as rhe "Bond Expemcs"). All ice sheet revenues paid or amiburablo to Guaranteed Renrallncome shall fir" be applied ro Bond Expenses and rhen 1 co Operating Expenses. Each parry co rhis Master Agreemenr (orher than MASC) agrees to levy a dircct genetal ad v.lorem property tax on all property wimin the Subdivision as needed ro pay rhe Subdivision's share (a fraction I equal to the Guaranteed Hours of rhe Subdivision. divided by 10,400 is hereinafter referred to "' the "Subdivision's Share") of me budgeted Operating Expenses to the extem Guatanteed Remal Income actually paid by or on behalf of the Subdivision is less rhan the Subdivision's Share of such .. Opctating Expenses .nd Bond Exponses. (e) All Guaranteed Rentallncomc and Off-Peak Rental Income and any I proceeds of business inrerruption insurance (and to ,he extent of any shorrfalls, any other ,'evenues advanced by l'vfASC pursuant ro paragraph (c) sh.ll be applied in rhe following order of priority: (1) monthly payment to 1 rhe TruHee under rhe Bond Doeumonts of 1/6 of rhe next interest payment and 1/12 for rho nexr principal payment for debr service on me bonds: (2) monthly paymenr to the Trustee under ,he Bond Documents for resroration of rhe debr service reserve fund for the Bonds, if necessary: (3) monthly I payment of $5,000 to rhe Trustee under rhe Bond Documents for deposit ro the capiral improvcmem reserve held by the Trustee unri! me amount on deposit.s reaches and is mamtained at $250,000; (4) rhe paymenr of I Operaring COStS of rhe Faciliry; (5) rhe accumularion of an operaring coStS reserve to be neld by MASC in thc amOum of $500,000 (five hundred rnousand dolla,,); (6) deposit ro the redemprion fund under the Bond I Documents on March 1 of each year of any amounts not applied in accordance with subporagraphs (1) thl'Ough (5) .s of me end of previolli Fiscal Ycar for accumularion in a bond redemprion fu~d. Fwds in the bond redemption fund may be used to cure deficiencies in subparagraph (2) to rhe I c:xtc:nt: orhcr rt:serve funds are insufficiem:. or be applied TO the cady redempcion of Bonds, as dirccted by MASC with me concurrence of Anoka Counry. I fI 9 I .l~,;;::u'~ti l' : 4!j r.1.~.!.. (:j;);)ti~~ .\.:;c I4l 01.2/ U15 I (I) Commeneing on the date that no Bonds remain outstanding undet I the Bond Document', :<11 Guaranteed Rental Income, anyarnoums remaining Llndel' the Bond Documents after the Bonds are no longer .. outsunding, and any proceeds of business intcrruption insurance (and to exrent of any shortfalls, any other revenue.< advaneed by MASC purmanr [Q paragraph (b) shall be applicd in the following order of priority: (I) rhc paymem of Operating CostS of rhe Facility; I (2) In rhe evenr rhac revenues undct rhis paragraph ",c"ed COStS such rhar the Facility has "profir from remal income" such profit will I be assigned [0 an operating reserve: until such reserve: has reached an amOunr equal to one year operadng expense::. (3) aner [he operat:ing reserve reaches rhc: maxilllum amoun[ I required Llnder paragraph (2) above, additional "profits" shall be :l.Ssigned to a capital improve.menr and repair reserve in such amounr I as ir determined by ,he Joim Board (but nor less than $250,000); and (4) any "p(ofirs" in c:xcess of rhe: amounrs necessary (0 Inainrain rhe above reserves, shall be allocated by rhe Joint Board pro rata co I each party based upon their Guarameed Hours. H, OPERATING EXPENSES MASC will be responsible for the operacion of the facility and no orhet party shall be I required [Q contribute any amounts not required pursuanr [Q patagraphs II (Financing) and IIl.E(Use) and IV (Construction ofhcility) of the agreemem. As pm of the considerarion for such Llndertaking by MASC, MASC may $ell prodllCIS, services and signage commonly .. known as "concessions" or usponsorship" at the faciliry and (he revenues and expcnsi;s relating ro concessions shall acerue to MASC and not to the other parrie, to ,his agreement "xcep' as reqLlirtd undet paragraph m(G) 1 (b). Norwithstanding thc above, MASC shall comribLl,e ,he ne, profit from "concessions " I and "sponsorships" ar rhe facility ro the benefit of the facility. At the oprion of MASC, such conrribution Inay be used for etcher c:apiral, operarion. rcsc:rvt or program purposes.. I IV. CONSTRUCTION OF FACIUTY MASC will be responsible in o.ll respects for rhe design and consrrLlction of thc facility. MASC may delegare or contract such responsibility as it sces fi[. I The DOWN PAYME1'.'T portion of rhe financing shall be made by all patries excepr MASC as follows: I Firsr Parr - $250,000 afcer design approval pursuanr co rhis paragraph IV. Second Part - $250,000 90 days afrer first parr paymen t. Prior to the paymcm of any part of the DOWN PAYMENT portion of the financing I MASC will submir a proposed design ro rhe orher patties. The design shall provide for four (4) Olympic ,,,,ed icc SLlrface.< with permanent seating capacity of nor less rhan 400 seats per rink and provision for a' leasr 400 temporary seats which are available for use ar anyone of ,he rinks. In I addition, dle design will ptovide adeqLlatdy for equip men" locker rooms, concessions and toikr areas and all other sp.ce and equipmenr reasonably necessary for the operation of the facility. Each party shall have at leasr 30 days to review ,he proposed design. After rhis 30 day review I 10 .. I I - l~/;;::(J/~t;i 1 i:-!('j r:,~ i ti;j~ti:'-Hl sse ~OlJ"Ol; I period, MASC may demand paymem ofth~ fitS( part of ,he DOWN PAYMENT, porriOll of the " financing_ Paymem of rhc first pan of the DOWN PAYMENT means that the proposcd design is accepted by that party, Failure co pay within 30 days afrer thc demand mcans thar rhe party failing to pay has withdrawn from this agreement and this agreement shaIl be void as to ail partics_ I If the requircd DOWN PAYMENTS are made, MASC will cause the facility to be constructed substantially in accordance with the proposed design- I After design approval, any substantill modifications nor increa<ing thc overall cos[ of the facility by more than $50,000 may be made by a majority VOte of the Joint Board. After design approval any substantial modifications co the design which increases rhe overall I cost of tht facility by more than $50,000 may bc m.de only after a unanimous vore of the Joim Board. I V. EXPANSION MASC shall have rhe right ro expand the nLlmber of icc shttts on its property beyond fOLlr provided rhO[: I If such expansion is physically connecred ro this facility all parries shall have pro tata right of first rtfusal co PLlrchase addirional scheduling and programming righTS on mch rerms and conditions as are offered by MASC. I Exception: It is contemplated thar MASC in connection with financing rhe constrLlction of rrus faciH\:y) may make cerra in covenantS co Anoka COl1nry in connecrion with the opc:racion of Ie ColLlmbia Ice Arena, In sLlch case, MASC shall be permitrcd ro fulfill irs covenant' as a priority over righrs gtanted by this paragraph. VI. DEFAULTS AND FAILURES TO PERFORM I If any party d"faulrs on any of its obligarions under rhis agreemenr and such dcrnLlIr continues for a period in "xcess of30 days after wrjnen notice is mailed to such parry, rhe orhcr parties shall have right of fitS( rofusal on all of rhe d<faLllting parry's asse", liabilities, righTS and I obligations in conneccion wirh the f."ility and this agreement, under such terms conditions and procedure as an: derermined by [he:: agreement, under such [eflll5 condi[ions and procedures 3:i are determined by the Joint Board. If no orher party assumes the assets, liabilities, rights and obligarions I of the dcfaulting party, MASC may dispose of them ins such manner" it sees fir. If any party except rhe MASC fails ro perform an obligation required under this agreement, all plUties agree that MASC may pLltsue any apptopriare remedics on behalf of all partie.< including I litigation in a COLlrt of compettnt jurisdiCtion, If MASC fails to perform any obligation, rhe board, by majotity affirmative VOtC may pur'Lle appropriate remedies on behalf of all parties. I VII. ADDITIONAL AGREEMENTS The lviANS Subdivisions may enter inw agreemen[~ llmong one anorhcr nOr inconsisten[ with ,his agreement. I Ie is undersmod tha[ Alloka County may require:: pledges of revenuc:'i rccc::ived put.suant to I:hc:: Masrer AgIeement and covc:nanrs in conner;;:tion with the financing of the Far;;:ility. Such covtnUl1rs, to the excenr inconsisrcnc with [his Master Agreement t.:l.kc: prc::cedencc over rhis Ma~ter Agreement. I VIII. AliENATION OF INTEREST Any parry may sdl. p:lrririon or alienate irs interest in the Faclllcy or in iliis agreement ro any ~ II I - l';;:;':':U'::1b .1 j';-4:~ r:U i tl55o~HI .\SC If1I 01-1.' 015 I ocher pany to this agreement on such terms ond conditions as they may agree among themsdyes. I No party ,hall a<tempc to or sell, partition or alienate its illterest in tne Facility or in rhis agreement to a non-party wirhoLlt first offering Sllch ;nrerest to che other parries to this agreement Llnder such -- rel'ms conditions and pJ'OccdLlres as may be detcrmined by rhe Joint Board. If rhe Joint Board fails [0 enact [enns procedures and conditions for morc than 60 days after norice ofintenr [0 alienate given to the Joint Board at the address of MASC. Thc party may sell, parririon or alienare its inl:eresr a.s ir: sees fir. Norwlthsunding rhe above, any ali~nation of interc.st must be substancially I equivalent lor financing purposes such rhat rhe security inceresrs of Anoka County are not diminished, and shall be subject to Anoka County's approval, whicn shall not bc unreasonably withheld, No such sale, parcition or alienation shallrelievc a parry of its obligariolls Lll1dcr E(l)(b) or I G(l)(d) excepr as SCt forch except"' ser fotth in E(l)(iii). FLlrrhermore, no such sale, partition or alienarion, or use of the Facility, may be made which wOLlld have the effecr of causing rhc Bonds to be classified as "private activity bonds," IX AMENDMENTS I This agrcemenr may nor be amended except by Llnanimous yore of the undersigned or thcir succeSSOl'S in offLce or interest as rhe case may be. I X. STATE AUDITS The books, records, documents and accounting procedures and practices of MASC and rhe J oint Board relevant to rhis comracr shall be subject to cxamination by the MASC and the I Lcgislaciye Audiror. XI. END OF TERM-RIGHT OF RENEWAL I If at the end of rhe term of this agreement, the MASC and the majority of rhe Board of Din:CCOfS clcc;t to conrinue to operate the f<lciliry as a[ lease a four surface ice arena each party may renew irs scheduling rights pursLlant to rhe following terms and conditions: .. A. No fUrther guaranrees of remal revenue are rcquired from the party B. M.A.SC with consultation with rhc parties will establish reasonable operation ,nd I capical reserves C. "Profits" ,bove rhose required for operaring reserve pLlrposes shall be distribured pro I ra~' to thc parties under such rerms and condirions as are determined by the Joint Boatd, D_ Each party may renew i" rights in five year extensions for as long"' the facili,y is operated as a spom I:lCility. I E_ If a party elects nOt co renew its scheduling riglus at the end of the original or exrcnded retln of rhis agrcemenr rhat patty will be paid its pm rata share of the operating and I capiral improvemenr reserve ilccoun tS and shall have: no funher rights or inrc:n:sr in the facility.' F Other reasonable rerm, and conditions and procedures may be imposed by theJoim I Board relating [0 renewal or non renewal of scheduling righrs, XII. APPROVAL I This agreemcnr is aurhorized and execured pLlrmanr co MinneSota SrarLlteS Sccrion 471.59. I 12 .. I I .1,;,;:,. ~U/::Io 1 i:-l.:::I tA..\. i/j.jjb~~ .'SC l4jUl.)/U15 I Date Anomcy General ,. Dare Commissioner of Adminisrration Date City of Mounds View I Dare City of Arden Hills Date City of New Brighton I Date City of ShorevicW Dare City of Blaine I Dare City of Coon Rapids Date County of Ramsey I Date Minnesota Am.a~eLll.' Sports Commission I I Ie I I I I I I I ,. 13 I ----- I ..jHI.-UO-.J..:'=" .J..=--. .J..b (~1 i UI""" -=:>HLiK.t:.'.,.'1 t:.l>-I r-'.U,;::/U':' I NA!rIOlIIAJ. SPORTS CEIITEJl f' ICE ARE1IA SUPPLBHl!:NTAL A01IEEKSR'I I I. PARTIES. This Agreement is dated the ___ day of , 1997, and is entered into by and between the following entities: A. City of Arden Hills, herein !tARtt, City of Mounds View, I herein "XV", City of New Brighton, herein "lIB", and city of Shoreview, herein "SV", all of the above collectively herein "MAliIS" , and I B. Mounds View Youth Bockey Association, and Irondale Youth Bockey Association, both collectively herein "BOCltEY ASSOCIATIONS", and I c. Ramsey County, herein "COUNTY". I II. RECU'ALS. A. The governing bodies of MANS, COUNTY, and the HOCKEY I ASSOCIATIONS have determined that it would be mutually beneficial to their respective organizations to encourage and participate financially in the construction, Ie operation and maintenance of an olympic sized ice surface and related facilities to be located at the National Sports Center, 1700 10Sth Avenue NE, Blaine, MN (herein "Project") . I B. . MANS, the COUNTY, other units of govermnent and other pUblic agencies are parties to the Master Agreement, I hereinafter defined, whioh specifies the construction, operation and financing obligations of the parties to the Master Agreement. I C. MANS and COUNTY would not have entered into the Master Agreement without obtaining contractual assurances from the HOCKEY ASSOCIATIONS to reimburse MANS for all or a I portion of the financial couunitments assumed by MANS pursuant to the Master Agreement. XIX. PURPOSE. The purpose of this Agreement is to define the I ri9'hts and obligations of the parties hereto primarily with respect to th.. allocation of financial responsibilities incurred as a result of the Project and the guarant..e of the uee of ice time by I the HOCKEY ASSOCIATIONS in order to perJllit MANS to meet its obligations under the Master Agreetnent. I 1 .. I JHtl-Ut;j-l':;4':;::t;. 1::..; 10 '-.-L II UI- :::'HU,"".t.')LJ::::.I..oJ r'.L1..i...U':i I IV. DBFINl'rIORS. As used herein, the following terms shall mean: I .. A. Prime Time means the period from October 1 - March 15. B. Ron-Prime Time means all other periods of the year not defined as prime time. I C. R.gulq~ Hourly Rate means the rental rate of ice time at the National Sports Ice Arena that will be established annually by the Joint Board. I D. Joint Board means the board of directo:ns for the National Sports Center Ice Arena as defined by the Master I Agreement. E. User Group Committee means a cowmittee consisting of one representative from each of the cities in MANS and the I COUNTY and one representative from each of the HOCKEY ASSOCIATIONS. F. Master Agre_nt means the agreement titled "National I Sports Center Ice Arena Master Agreement~ dated the ___ day of , 1997, and incorporated herein as Exhibit A. I V. TERMS Allu CORDITIOlfS. In consideration of the mutual undertakings herein expressed and in consideration of the .. obligations assumed by MANS and the COUNTY pursuant to the Master Agreement, the parties agree as follows: A. Term. This agreement shall be effective as of the date I set forth above, and shall terminate on the day on which the financial obligations of MANS and the COUNTY are satisfied pursuant to the Master Agreement. I B. Financinq. l. Down PaVJ\\ent. COUNTY. agrees to contribute the I $500,000 down payment to the Minnesota Amateur Sports COmnUssion (MASC) on behalf of MANS for construction of the National Sports Center Iee I Arena in accordance with the Kaster Agreement provided that the MANS guarantees the annual purchase of 1,000 hours of ice time at COUNTY arenas between October 1 and March 15, including at I least 15 hours per weekend. 2. Ice Time Obliqations. To insure that MANS meets I their annual financial obligations to purchase 2080 hours of ice t~e per year at the National Sports Center facility pursuant to the Master Agreel1lent 2 I .. I ---- I Jhr,-Uti-l;,';:) , 1:;.;11 '~i.! I L,t- .;::;ML,;r-<t:."it:.., t-.U4-U':l I and 1000 hours from the COUNTY Ice Arena system ~ pursuant to this Agreement, the HOCKEY ASSOCIATIONS agree to the following: a. Purchase 2090 hours of ice time during each year at the "regular hourly rate" for the I entire term of this agreement at the National Sports Center Ice Complex, less any time that is used for co~nity programs, school I dietrict programs, or any third party users of the facility that are credited to MANS financial guarantee. I b. l'urchase 1000 hours of ice time during each year from the COUNTY Ice Arena system at the COUNTY's "regular hourly rate" for the entire I teJ:ll\ of this agreelllent. The ice tae will be purchased between October 1 and March 15, including at least 16 hours per weekend. I 3. The COUNTY will allocate 1000 hours of ice time to the HOCKEY ASSOCIATIONS consistent with historical allocations. The COUNTY, at the request of the I HOCKEY ASSOCIATIONS, will, prior to October 1 of each year, attempt to reallocate any hours of ice time assigned to the HOCKEY ASSOCIATIONS that the BOCl':EY ASSOCIATIONS determine to be surplus. This Ie reallocation effort on the part of the COUNTY does not reli.eve the HOCKEY ASSOCIATIONS of their responsibility for the ice time unless the ice time I is purchased by other users. All hours of surplus ice t~e not accepted by other users shall remain the obligation of the HOCKEY ASSOCIA'r:IONS. orhe HOCKEY ASSOCIATIONS may not sublet or sell hours of I ice tillle at Ramsey county arenas to other Ramsey County user groups without prior approval from the COUNTY . I 4. Escrow Fund. MANS agrees to establish and maintain as a separate account at one of its member municipalities a $300,000 escrow fund throughout I the term of this Agreement. The Finance D~rector of the selected municipality shall be the escrow agent and shall administer the escrow account I pursuant to the terms of this Agreement. The escrow fund will be used for the purpose of meeting the annual financial obliga.tion of MMlS as it relates to the rental of ice time referenced in I Section V.B.2. above, and the Master Agreement. The escrow fund will be funded in the following manner: I 3 ~ I - - -------- JHN-Uti-l=.>:.-;.,' 1::::-: 1-{ l~l I I U)- ::;',4ui'-:I::.IJlt::.l-d r'.U::'/U'j I a. The HOCKEY ASSOCIATIONS shall provide a I $300,000 cash contribution to the escrow fund. At the tue of execution of this agreement, .. the HOCKEY ASSOCIATIONS will make an initial contribution of $200,000 and another $100,000 shall be provided by October 1, 199 -' the project opening date of the national Sport5 I Center Ice Complex. b. The HOCl<EY ASSOCIATIONS shall contribute a minimum of an additional $25,000 per year for I four years beginning in 1999 and eoding in 2002. This contribution shall be made by November tat of each year. This $25,000 I annual contribution shall be financed from interest earnings on the initial escrow, a $50 surcharge for each hockey participant from any City that is not part of this Supplemental I Agreement, and other sources that the HOCKEY ASSOCIATIONS deem appropriate. c. The HOCKEY ASSOCIATIONS agree to maintain the I balance in the. escrow fund at the minimum $300,000 level on Nov9%1lber 1st of each year during the term of this agreement. If, during I the entire term of this agreement, the escrow fund falls below $300,000, the HOCKEY ASSOCIATIONS shall replenish the fund to the .. minimum $300,000 level. The escrow fund may be replenished through any interest earnings from the fund, the $50 surcharge for each hockey participant from any City that is not I part of this supplemental agreement, and any other sources that the HOCKEY ASSOCIATIONS deem appropriate. I d. If the HOCKEY ASSOCIATIONS fail to maintain a minimum $300,000 balance in the escrow fund, MANS reserves the right to impose a surcharge I on any rental of ice time to the HOCKEY ASSOCIATIONS to restore the escrow fund to the minimum fund balance. I 8. The maxillllllll balance in the escrow fund will be $400,000. Any revenues above the $400,000 amount will be returned to the HOCKEY I ASSOCIATIONS for their use. MANS agrees to review the statue of the Escrow I Fund with the HOCKEY ASSOCIATIONS after each five-year period of this agreement. At the end of this agreement, MANS will return any 4 I .. I ------------- I OH"-""-DO, "~."O '-'" ~r CHU,",,,"W.' ,",.Ut>. UO' I remaining monies in the Escrow Fund to the It HOCKEY ASSOCIATIONS. 4. Rental Income Shortfalls. In the event tha.t MANS fails to meet the annual rental income requirement as defined in Articles V.B.l. and V.B.2. above, I MANS will first use the escrow fund that will be establiehed and funded aB provided in this agreement. If the monies available in the escrow fund are insufficient to meet the annual ice time I financial obligations, any shortfalls will be split by MANS in the following manner: I TOTAL % POP. % PART. SHORTFALL CITY x.5 + x .5 PERCENTAGE I AH 6.S% 9.0% 15.5% MV 9.0% 4.0% 13.0% I NB 16.0% 9.5% 25.5% Sv 18.5% 21.5% 46.0% The population percentages (% pOP.) will be I adjusted annually based on the Metropolitan Council's population estimate and the United States census. The participant' s percentages (% PART.) Ie will be adjusted annually based on the actual nu1llber of parti.cipants by community provided by the HOCKEY ASSOCIATIONS. I VI. USE OF ICE. A. The HOCKEY ASSOCIATIONS will have the right to schedule I at least 80% of the available ice rental time at the National Sports Center Ice Complex at tbe regular hourly rate during the "Prime Time". as long as it does not I conflict with the obligations set forth in the Master Agreement. B. The HOCKEY ASSOCIATIONS will have the opportunity to host I a tournament using all four ice surfaces for one weekend during the prime time period, consistent with the provisions of the Master Agreement. I C. MANS agrees to provide the HOCKEY ASSOCIAT10NS first opportuni.ty to reserve additional ice time at the regular hourly rate during prime time that is not used for other I ccmanunity programs. D. The HOCKEY ASSOCIATIONS agree to provide both prime time I and non-prime time iC: to hoth boys' and girls' youth .. I r-'.U-/.---U'? "M'n~u-"~~, ,0-- W '-", ur "'rUr"-"'''-''' I hockey programs in a fair and non-discriminatory manner, I consistent with the requirements of State statutes. .. VII. IlATIORAI. SPOR:rS CENTER ICE ARElIA I1ITERIOR DESIGN. The COUNTY will have the right to name, select colors and graphic::s. and approve advertising for the MANS designated ic::e arena within the National Sports Center Ice Arena Complex. The COUNTY will consult I with MANS and HOCKEY ASSOCIATIONS in the selection of c::olore and graphics. VIII. IQTIOHAL SPORTS CnTER II::!: ARDA PROFI'fS. In the event that I the National Sports Center Ice Arena generates profits as identified in the Master Agreement, the COUNTY shall be entitled to fifty percent (50%) of any profits allocated to MANS. IX. BOARD 01" DIRECTORS. The cities in MANS that are represented I hy this supplemental agreement will have one representative on the Board of Directors as stipulated in the Master Agreement. The I responsibility of serving on the Board will rotate on an annual baSis between each of the MANS cities that are a party to this agreement. The COUNTY will have one representative on the Joint Board as stipulated in the Master Agreement. I X. USER GROUP COMNlT'J!El!:. A user group committee will meet at least annually to discuss facility scheduling, future needs, and I t~e status of the escrow fund. III tfI:J:NBSS WHEREOF, th" parties hereto have caused this Agreement to be executed. .. CIT! OF ARDBliI HILLS Pursuant to City Council authorization granted the I day of By: , 1997. Its: Mayor I By: Its: City Administrator I I I I 6 I .. I ,~. I J ur ~r1ur.c.'.._'. :;:'VJ r.>:JG.U=' ..J'....,li~.--'u-.j,='=', ...,:j'l.Q I I CITY OP HOUYJ)S VIEW " Pursuant to city Council autborization granted the day of By: , 1997. I Its: Mayor By: I Its: City Manager I CITY or KElf BR%GB1'ON I Pursuant to City Council authorization granted the I day of By: , 1997. 11:8: Mayor I By: Ie Its: City Manager I CITY OF SHOREVIEW Pursuant to City Council authorization granted the I day of By: , 1997. Its: Mayor I By: I Its: City Manager I MOUJIDS VIZW BOCQY ASSOCIUIOll Pursuant to authorization By: I granted by its Board of Directors on the day Its: of I 1997. I 7 t- I m I-'.U":J/ l.1:;; .JHII-.-':O-...:::'::>, .1.::'-.1.::> \wJ. I I LJ~ :::'HUI-'I;::')1 t:.;i-J I I IROIfDALE YOUTH HOCKEY ASSOCIATION -- Pursuant to authorization By: granted by its Board of Directors on the day Its: I of , 1997. I RAHSSY COUlf'1'Y Pursuant to authorization I granted by the County By: Board on the ____ day of , 1997. Its, I b/J/6rena.1l91" I Jan"4ry 8, H)91 I .. I I I I I I I 8 .. TOTAL P.09 I - I "' CITY OF ARDEN HILLS I MEMORANDUM -- DATE: January 7, 1997 I TO: Mayor and City Council /n /'. FROM: Brian Fritsinger, City Administrat~ I SUBJECT: 1996 DOER Pay Equity Compliance Report I Attached, the Council will find the 1996 Department of Employee Relations (DOER) Pay Equity Compliance Report. This report includes information about the Arden Hills Pay Plan as of December 3 I, 1996. I This report is required by the State of Minnesota on a three-year reporting cycle. Staff has run I the statistics through the DOER software and the plan appears to be in compliance. The information included in this report is consistant with the revised plan as discussed in 1995. I Recommendation Staff recommends the City Council approve the 1996 DOER Pay Equity Compliance Report, and direct staffto submit the necessary documentation to the Department of Employee Relations. Ie BF IsIs I I I I I I I it I I . . Pay Equity Implementation Report Send completed report to: I Pay EqUity Coordinator For Department Use Only Department of Employee Relations I .. 200 Centennial Building I Postmark Date of Report 658 Cedar Street I I SI Paul, MN 55155-1603 16121 296-2653 (Voicel JUClsdlctlon 10 Number 16121297-2003 (TOOl Name of JUClsdictlon CITY OF ARDEN HILLS fl) City 0 County 0 School 0 Other: Address City State Zip 1450 West Highway 96 Arden Hills MN 55112 , I Contact Person Phone I Brian FritsingerJ City Administrator ( 61.2 I 633-5676 ! o The Job evaluation system used measured skill, effort. o No salary ranges/performance differences ~ responsibility and working conditIons and the same system was used for all classes of employees. o Check here if both of the following apply; otherwise. leave Check the system used: blank. o State Job Match a. Jurisdiction does not have a salary range for any job class. o Designed Own Ispecifyl b. Upon request, jurisdiction wit! supply documentation ~.~ showing that inequities between male and female I:lI Consultant's System (specify) classes are due to performance differences. . .. Control Data Business Svstems!PDI Note: Do not include any documentation regarding II performance with this form. " o Other (specifyl ~ ';: (i) An official notice has been posted at III > 6 Health insurance benefits for male and female classes Citv Offices Bulletin Board of comparable value have been evaluated and: tprominer1t location) i .... (;a There is no difference and female classes are not informing employees that the Pay Equity Implementation , 0 Report has been filed and IS available to employees upon 1= at a disadvantage. request. A COpy of the notice has been sent to each exclusive 1: o There is a difference and the maximum salaries representative, if any, and also to the public library. The report II reported include the monthly amount paid by the was approved by: IC- City Council employer for health insurance. (governing body) () Information in this report is complete and accurate, DpT'ln;!'=; Prnhst I (Chief elected officiaf. prmrJ o The report includes all classes of employees over which the jurisdiction has final budgetary approval (chief elected official, signature) authority. Mavor January 2, 1997 (title) Idate! , ~~.. Result from Salary Range Worksheet .! c : II II II I- 95 % is the result of average years to salary range maximum for male classes divided by the ! III a: average years to salary range maximum for female classes, I ~~- Results from Exceptiona/ Service Pay Worksheet _ a c Cl . "... . u : Q.2 :~i [J 20% or less of male classes receive ESP. 't ~a.'; E f ool:o o 0 ~ __. _____ _ % is the result of the percentage of female classes receiving ESP divided by the percentage IIC'- c... r.u ~ 0 . 0-'"- of male classes receiving ESP. ",- $ 745,978.55 is the annual payroll for the calendar year just ended December 31, (140 employees, including part~time Parks and Election Judges) I (Part F on Back) pll,.ec'~to~"- - - - ~- I z o " "- ~ .['E ~ " " " "- " ~v:: 0 - ~ I " I ^ " I '- . ~ - ~ c'~ -. '" ~ '" ~ ~I ~ ~ ~ - I = ~ c ~ I >- -::Ei u; u; u; u; u; "" u; "" u; u; u; u; " " " ~ ~j ~ I " g:Q~ ~ ~ 0 r- ~ M '" a- '" a- r- '- U; ~ " .5 E l"J ~ '" u; ~ "" u; a:; " "" 0 '" '" N "" u; '" '" r- r- oo N M ~ 0- :::E:::EGt:: . . . - . . . . . . N N N N N N N M "" "" I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g:Q~ M N ..0 ~ ~j 0 ~ r- r- ~ ~j " " 0 ~ I - ~ N u; ~ N "" '" a- 0 '" M M - .== 'E.!: " '" ~ 0 '" 0 ~ a- ~ N ..; C C a; ~ ~:::EV:: . . . - . . . . . - ~ ~ ~ N ~ N ~ N M M >. flJ~ >. ~ ~ ~ ~ ~ -;::ij.Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ::; ... '" I o ~_ M ~_. ~ " 0 ~Eb ~ " 0 " ~ ~ ~ .... 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CITY OF ARDEN HILLS MEMORANDUM I DATE: January 7, 1997 I TO: Brian Fritsinger, City Administrator I FROM: Terrance Post, City Accountant @ SUBJECT: Finance Department December 1996 Activity Report I Staff . Senior Accounting Clerk, Jane Lund, has focused on year-end payroll reporting I requirements as well as summarizing 1996 Fixed Asset transactions for the external auditors. . Intermediate Accounting Clerk, Celine Syfko, attended two Windows training classes, I processed an abnormally high number of December final utility billings and accounted for 1997 prepayments (e.g., Dog Licenses) as deferred revenue. . City Accountant, Terry Post, communicated options to Council as 1996 year-end I estimates were formulated, met with the external auditors for a day of fieldwork at City Hall, issued year-end audit confirmations, prepared 1996 W -2 forms that accompanied .. the last payroll ofthe year, and certified the Final Levy to Ramsey County after completion of the Truth-in-Taxation process. I Finance Committee The Finance Committee was represented at the December Council Worksession by Chairman Mertensotto and member Steele. A more social than business meeting was held in December. I Among the topics of discussion was a preference by most of the committee members present to participate in shorter, tighter scope, subcommittee or "task force" type projects than an ongoing committee structure. I January Projects . Issue fourth quarter 1996 utility billings by January 20, 1997. I . Participate as a Department as required in the scheduled January 25, 1997 Town Hall meeting. . Monitor 1997 transactions to properly account for 1996 receivable/payable accruals. I . If approved, implement a budget and accounting system for the Economic Development Authority (EDA). I . Continue to progress on getting the 1997 Budget Document to publishable stage. TRP/sls I " I - --- - I , I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: January 13, 1997 I TO: Mayor and City Council I FROM: K..i. Riogwold, C.mm..;,y D""'pm'.' D"''''~ SUBJECT: Community Development Department Activities I December of 1996 and January of 1997 I The following summarizes the activities of the Community Development Department for December of 1996 and January of 1997. I Plannin!': and Zoninl:" The Planning Commission took action on the following Planning Cases at their January 8, 1997 meeting: I 1. Planning Case 96-27 (Arden Hills Texaco/Quizno's, 1306 West County Road E, Special Use Permit amendment / Variance). The Planning Commission is .. recommending denial (4-2) of the requested SUP amendment and variance. The recommendation is based on the following findings: I a. The request does not adequately delineate the unique circumstances necessary to approve a variance; b. The granting of the requested variance, without unique circumstances, would be I contrary to the intent and purpose of this section (VI, D, I, b) of the Zoning Ordinance; I c. The granting of the requested variance, without unique circumstances, would effectively null the application of this section (VI, D, I, b) of the Zoning Ordinance; I d. The granting of the requested variance does not appear to be supported by previous actions by the City Council. I Additionally, the Planning Commission recommends that the landscaping on the west side of the site that has yet to be installed and that was required as part of Planning Case 94-24 (condition # 10) be installed before May 3 I, 1997. I Generally, the discussion on this application focused on would the proposed I modifications cause the "Deli" to become a principal use on the site, rather than an accessory use to the Convenience Store. If the "Deli" is a principal use, then the City Code requires a 1,320 foot separation from other fast food uses (ie., McDonald's). i' I .~ , I 2. Planning Case 97-01 (John Gurtek, 4315 Colleen Court, Variance-front yard I setback). The Planning Commission is recommending approval (4-2) of a ten foot front yard setback variance for the garage only and no encroachment into the drainage and .. utility easement at the rear of the property. 3, Planning Case 97-02 (Dan Ogren, Old Highway 10 and County Road E-2, Planned Unit Development amendment). The application in this case resulted due to an illegally I constructed deck. The City received the application on December 23, 1996. The Staff was unable to provide sufficient notice to the affected residents. Therefore, the Planning I Commission tabled (6-0) this request to their Wednesday, February 5, 1997 meeting. The applicant is attempting to resolve this issue so that they may close on one of the units. Therefore, the applicant will be requesting that the City Council hear the Planning I Commission recommendation at your Monday, February 10, 1997 meeting, rather than your Monday, February 24, 1997 meeting. The Staff has received the following application for the Planning Commission consideration at I the February 5, 1997 meeting: 1. Planning Case 97-03 (CPI, 4100 Hamline Avenue, Site Plan). CPI is requesting site I plan approval to construct an approximately 40,000 square foot addition (two floors @ 20,000 sq. ftj floor) to one of their existing buildings (Building E). The building I addition will enhance the research and development potential of CPI (Please see Economic Development, Item 1, for additional information). fII The following are items which relate to previously approved Planning Cases or anticipated future Planning Cases: I 1. Control Data. The Staff has finalized the documents (ie., Planned Unit Development, Minor Subdivision, access easements, parking easements, and park dedication) with I Control Data Corporation (CDC) were approved as part of Planning Case 96-05. Dynamark (via CSM Corporation) will purchase the land and the building (4290 Lexington Avenue North) north of their existing building at 4255 Lexington Avenue I North). The result would provide Dynamark a four building campus (two existing, one approved unbuilt, and one proposed) on approximately 16 acres ofland. 2. Hans Hagen Homes, The Staff has been made aware that Hans Hagen Homes has I accepted a purchase agreement from Food-n-Fuel for their site at the southeast corner of Cleveland Avenue and County Road E-2. I The Staff met with representatives of Food-n-Fuel (Edward J. Bird, Executive Vice I President) on Tuesday, January 7,1997 to discuss their potential use ofthe site. The representatives of Food-n-Fuel stated that they would hope to use the site for a 2,400 square foot Gas/Convenience Store (automobile service station) with an attached car I wash and four gasoline pumping islands. The original site plan is attached for your information (Exhibit A). .. I - I I The property is currently zoned B-1, which does not allow automobile service stations as ,. either a permitted or a special use. The City had previously received a rezoning request from Hans Hagen Homes (Exhibit A) for modifying the zoning from B-1 to B-2 (Planning Case 91-09). I The Planning Commission on July 10, 1991 recommended denial (3-2), "".based on the following factors: I. Heavy tramc generation and tramc concerns expressed by residents; 2. Incompatibility of the intense 24-use of the site with surrounding residential I properties; 3. Increased noise, odor, and trash levels associated with the proposed use; and 4. The expressed preference from residents in the area for the site to remain in a B- I Limited Business District." I The City Council on July 29, 1991, "...contingently approve ..." (4-0) "...the Rezoning from B-1 to B-2, Hans Hagen, pending Council review and approval of a Special Use I Permit for a Service Station/Convenience Store/Car Wash at this location, and all related site plan materials, and the issuance of a building permit for development of this site, I prior to the rezoning becoming effective, and Council further advises the applicant that such contingent approval of the rezoning does not imply approval of the Special Use Permit or issuance of a building permit is guaranteed, with such approval to expire within I one year." The Special Use Permit nor the building permit for the development of a Service Station/Convenience Store/Car Wash at this location were issued within one year. Therefore, the property is still zoned B- 1. .. The Staff has been requested by representatives of Food-n-FueI to gauge the receptiveness of the City to their proposal. The Staff requests that the City Council I provide direction on the receptiveness of the City to this request Protective Insvections I 1. Building Inspector. It is anticipated that the new building inspector will be on board on Monday, January 27, 1997. The new building inspector (Dave Scherbel) has worked as an inspector for the City of Richfield for two years and prior to that was a general I contractor for approximately 15 years. Mr. Scherbel resides in Mahtomedi, Minnesota. 2. Building Permits. The City in December of 1996 issued two residential remodeling or I additions permits which had a total value of$10,519.00 and had an average value of $5,259.50. The City in December of 1996 issued three commercial remodeling or I additions permits which had a total value of$43,901.OO and had an average value of $14,633.67. The 1996 summary of building activities is attached to this memorandum as Exhibit B. I The first commercial permit (# 5593) involved a $5,500 interior remodel (relocate office wall) at Shannon Square at 3673 Lexington Avenue. The second commercial permit (# I 5595) involved a $8,401 roof repair at The Arden Office Center at 1306 County Road F. Lastly, the third commercial permit (# 5596) involved a $30,000 interior remodel (tenant it improvements) at the Northwood Office Center at 3900 Northwoods Drive to facilitate the relocation of Burke and Associates into the building. I I 3. Heating Permits. In December of 1996 the City issued 7 residential heating permits and I 9 Commercial/Industrial heating permits. In 1996 the City issued 143 residential heating permits and 57 Commercial/Industrial heating permits as compared to 113 residential .. heating permits and 48 CommerciallIndustrial heating permits in 1995. 4. Plumbing Permits. In December of 1996 the City issued 2 residential plumbing permits I and I Commercial/Industrial plumbing permits. In 1996 the City issued 39 residential plumbing permits and 19 Commercial/Industrial plumbing permits as compared to 30 residential plumbing permits and 17 CommerciallIndustrial plumbing permits in 1995. I 5. Water Permits. In December of 1996 the City issued 3 residential water permits and 3 Commercial/Industrial water permits. In 1996 the City issued 24 residential water I permits and 21 Commercial/Industrial water permits as compared to 12 residential water permits and 21 Commercial/Industrial water permits in 1995. 6. Sewer Permits. In December of 1996 the City issued two residential sewer permits and I o Commercial/Industrial sewer permits. In 1996 the City issued 2 I residential sewer permits and 0 Commercial/Industrial sewer permits as compared to II residential sewer I permits and 7 Commercial/Industrial sewer permits in 1995. 7. Electrical Permits. In December of 1996 the City issued 13 residential electrical permits I and 13 Commercial/Industrial electrical permits. In 1996 the City issued a total of 335 electrical permits as compared to 328 electrical permits in 1995. eI 8. Sign Permits. The City in December of 1996 issued no sign permits. In 1996 the City issued 22 sign permits as compared to 27 sign permits in 1995. I Economic Development The Economic Development Committee (EDC) is scheduled on Wednesday, January 15, 1997 to I discuss their 1997 goals. The 1996 goals were as follows: 1. Increase Committee Membership. I 2. Enhance Business Contacts: a. Produce a marketing brochure; b. Discuss the economic development budget; I c. Establish business retention programs; and d. Attract, develop, re-develop, and retain business opportunities within the City. I Future Goals 1. Evaluate the participation of the City in the Star City program. 2. Conduct joint meetings with the Planning Commission on topics of mutual I interest as topics should arise. 0 Evaluate the creation of loan/re-development programs. ~. I -- I .~ I I 1. CPI. The City Council on January 2, 1997 authorized the City Administrator to execute {' the loan agreement with cpr which is required as part of the $300,000 grant (forgivable loan) from the State of Minnesota. Currently, cpr is proposing to construct an approximately 40,000 square foot addition I (two floors @ 20,000 sq. ftJ floor) to one of their existing buildings (Planning Case 97- 02). The building (Building E) addition will enhance the research and development potentialofCP!. Additionally, cpr currently estimates that the addition will add 200 new I highly paid scientists to their staff. The Staff will be pursuing the second part of the grant from the State of Minnesota, which is $200,000. Additionally, the Staff will be requesting an additional $100,000 from the State to offer to CPI as a low interest loan. I The Staff hopes to negotiate with the State, such that the repayment of the loan would provide the City with $100,000 to use a revolving loan fund to assist other business expansions, retentions, or relocations within the City. I 2. Gateway Business District. The Staff has been working with Welsh Companies on I Phase I of their Arden Hills Commerce Center. Currently, Staff anticipates that the construction of Phase will start in February or March of 1997. I Additionally, Staff has been working with Welsh Companies on advancing the Phase II building (approximately 110,000 square feet on the Pentair property) and starting discussions on the Phase III building (approximately 110,000 square feet on the City and Ie Zafke properties). The Statf anticipates that Welsh Companies will submit the Phase II building for approval in February of 1997, so that construction can start in April or May of 1997. I The City and the developer have had preliminary discussion with Ramsey County (Jim Tolaas) regarding the signalization of the re-aligned intersection of Round Lake Road and I Highway 96. Ramsey County will agree to place the conduit under the road for the signalization of the intersection as part of the Highway 96 project. The placement and cost participation in the signalization of the intersection will be reviewed in relationship I to MnDOT warrants for signalization. It is imperative that signalization of this intersection occur or the success of the GBD will be jeopardized, The developer will I be working with their traffic engineer and Staff to determine when warrants will be met, assuming reasonable growth within the GBD. I The City Council when discussing approval of the Phase r building (Planning Case 96- 12) on September 30, 1996, commented that the exteriors of the buildings in subsequent phases or proposals should improve (ie., move towards meeting code requirements) as the I development moves south in the GBD. The applicant has provided Staff an exterior elevation of the proposed Phase II building (Exhibit C), so that the City Council could provide appropriate direction on any modifications desired. I it I U~ I Recvcline I L Christmas Tree Recycling. The City is coordinating the joint Christmas tree recycling effort with the City of New Brighton and the local refuse haulers (BFI/Woodlake, Ace, .. and Waste Management). Ifresidents wish to participate in this program, then the Christmas tree should be placed unbagged out at the curb on the normal garbage pickup day between Monday, January 6,1997 and Friday, January 17, 1997. Ifa resident or a I hauler chooses not to participate in this program, then the residents may bring their Christmas tree to the Brighton Crossroads Driving Range between Monday, January 6, 1997 and Friday, January 17, 1997, free of charge. I Thc City of Arden Hills recycled 3,112 Christmas trees in 1995. These 3,112 trees rcpresent approximately 42 tons of plant material which was recycled into mulch. I 2. SCORE Grant. The City recently executed the grant agreement for the 1997 SCORE Grant ($) and forwarded the documents to Ramsey County for execution. I Animal Control The City Council authorized the 1997 animal control contract with Animal Control Services I Incorporated (ACSl) at its December 16, 1997 meeting. The deep snows and intense cold experienced so far this winter have increased the amount of I telephone calls received about animals (domestic and wild) seeking refuge in roofs, garages, open duct work, and under porches. The Staff has been working with the various homeowners to .. minimize the special call out charges ($50.00) by ACSI, by coordinating the drop-off of the live animal traps to the homeowners with the normal patrol schedule of ACSI. Miscellaneous I L TCAAP. Given, the Holidays nothing meaningful has occurred, related to TCAAP, since your last TCAAP update. I 2. I-35W Corridor Coalition. The Community Development Director's are finalizing the 1997 work program for consideration by the board. The establishment of an I electronically linked and interactive Geographic Information System is a priority shared by a member cities. Also, the director's are framing out a strategy for the boards consideration to collaboratively work with MnDOT to study and recommend changes to I Interstate 35W within the corridor. Lastly, the director's are finalizing an Internet based Web Site to jointly market the corridors economic development potential. I I I .. I I I --- - ~X"I~11' A '~ W 1 II , , j Iii 1 1/' 0 ~ ' ., .,.., II , I I I I . _ ~ r I- ., .. .. .. G " (J <) 4 It UI UI } } j J W oj ~ :;; 't f ~ .. - - . en .:; :! " ..:= . W 0 ..J ~ .. . " , ) ~ ~ ~ < t ~ ::<: ,::. .. % , , , I a: 3 .. .. .. ';; .<1 ~ 1. :. U I ~i w 2 I- 2 ~ l d .. "f" q r 2 ... .. W I- W 1!I j \ 11 ] - ~. I "-! ,11 2 Ii ~ , l} I . I W UI 1 l ! I I 1 j 2 Ll ll, > ~ I 2 I .i oj a ... ...: j> 1: 0 I u i I --------. '----- r- - -------- I / , , '" , Ie w ;, , 0 , \ <( I 0 I I 0: , , , . I >- , '. , , l- I " Z , 'j, \ I :J , I , 0 \\ .'\, U' ,\ \ I . \' , .. ! 0 ~" ..~ Z N I " -' .! "- . w ~ , .. I I- . , , in . ~ I . " l;i I ill , \ , I ~ Q",,~ , 72/ I :' 12/70 I - .' , ,: I , , -- t' I ..~. .,... ... _'__.n.. . ~,....,..,_.._.'d..._"",_ -- I' fKlf/t3rr 0 I~ I CITY OF ARDEN HILLS (t l'vfEMORANDUM DATE: January 6, 1997 I TO: Mayor and City Council I FROM: David W. Kriesel, Building Official SUBJECT: 1996 Construction Activity Report - I A total of 267 (236) building and 143 (I 15) plumbing, sewer, signage and water permits were issued last year. The estimated valuation of all construction was $18,036,698. ($19,809,950,). I Building = $17,350,447.82 and other = $686,251.00. NOTE: Number in parentheses is the corresponding number of previous year. I Total permit fees collected amounted to $209,004.63. Building permit fees collected amounted to $196,314.70 ($173, I 46. I 7). Other permit fees collected amounted to $12,689.93 ($8,900.51). I Contractor Licensing and verification amounted to $1,300.00. The breakdown is as follows: .. 1. SINGLE FAMllS D\VELLINGS - 15 (7), Valuation $3,391,981.24, Average valuation $226,132.08. I AVERAGE VALUATION IN PREVIOUS YEARS: I 1995 - 306,978 1988 - 193,681 1994 - 209,678 1987 - 160,681 1993 - 240,987 1986 - 147,965 I 1992 - 234,327 1985 - 135,380 1991 - 161,724 1984 - 122,825 1990 - 179,350 1983 - 128,952 I 1989 - 148,350 1982 - 121,560 I 2. TOWNHOl'vfES - 4 (0) 3. ADDITIONS AND REMODELING - 167 (120) I 4. ACCESSORY STRUCTURES - 14 (1 I) I 5. FENCES - 7 (7) it I '1../~ I 1996 Construction Activity Report I 7. DEMOLITION - 1 (2) -- 8. SWINIMING POOLS - 2 (I) 9. DRlVEW A YS - 8 (10) I 10. EXCAVATING - 2 (3) II. MOVING PERl'vlITS - 3 (0) I 12. COivlMERCIAL / INDUSTRIAL I 1300 Red Fox Road $ 2,552,509 1900 WCRF 139,000 I 3900 Bethel Drive 244,260 1201 WCRE 2,000 3585 Lexington Avenue 126,500 I 4100 Hamline Avenue 800,000 3585 Lexington Avenue 139,378 I 3775 Dunlap Street 15,000 4105 Lexington Avenue 7,500 4001 Lexington Avenue 18,000 .. 4100 Hamline Avenue 250,000 4382 Round Lake Road 2,000 3585 Lexington Avenue 20,000 I 1170 Grey Fox Road 24,000 3757 Dunlap Street 10,000 4100 Hamline Avenue 140,000 I 3774 Dunlap Street 9,100 3900 Bethel Drive 154,000 4005 Lexington Avenue 729, II I I 3673 Lexington Avenue 6,000 4480 Round Lake Road 270,000 4100 Hamline Avenue 210,000 I 3900 Northwoods Drive 250,000 3585 Lexington Avenue 15,000 4100 Hamline Avenue 250,000 I 4100 Hamline Avenue 500,000 5420 I35W 51,000 421 I Lexington Avenue 56,000 I 4105 Lexington Avenue 100,000 4100 Hamline Avenue 500,000 371 I Lexington Avenue 15,000 I .. I I' ~/3 1 1996 Construction Activity Report ,. 4001 Lexington Avenue 125,000 3737 Lexington Avenue 13,000 3673 Lexington Avenue 5,500 3900 Northwoods Drive 30,000 1 1900 WeRI 587,040 3585 Lexington Avenue 266,000 I 4201 Lexington Avenue 1,046,788 358S Lexington Avenue 184,514 3551 Lexington Avenue 114,203 I 1315 Red Fox Road 2,500 4001 Lexington Avenue 70,000 1900 WCRI 88,500 I 1220 Red Fox Road 40,000 I I Ie I I 1 I I I I fI I wa:-< 1EKJ+i6ti ClW>- -<>-0 ~ :22"' C _WW >-U2 <l.W2 ~U~ 2 a: - OW"' U2j :2- OI U2 ",W ~a ~a: 'f-< I 2 W a a: -< I I )' .' I ~ . \ I I -- I I .- . ~ ~ I' I I CITY OF ARDEN HILLS I' MEMORANDUM DATE: December 30, 1996 I TO: Brian Fritsinger, City Administrator FROM: Dwayne Stafford, Public Works Superintendent I SUBJECT: Monthly Update I Public Works/PubIic Safety Committee The Public Works IPublic Safetv Committee did not meet this month . . I Public Works Department The Public Works department has been busy this past month keeping the roads cleared of snow I and applying salt and sand. It is the policy of the superintendent to use salt/sand only where necessary such as; intersections, curves, hills and extreme slippery conditions. So far this season the City has used approximately 500 tons of sand and 125 tons of salt. (One (I) large semi-type I dump truck hauls about 25 tons). The days the Public Works Employees are not plowing, two (2) of the City employees have been Ie busy pushing snow back further onto the boulevards to make room for more, but space is running out in some areas, especially cul-de-sacs. I A crew from Infratec started cleaning lines designated for televising today. Our intent is to get a good share of the sewer lines, which lay in easements done this winter while the ground is I frozen, as some of the lines are in swampy areas. The new Ford Truck (cab & chassis) arrived two weeks ago and was brought to Kimball, MN to I be fitted with the box, sander, plows, etc. This will take six (6) weeks to be completed. The Public Works Superintendent has recently met with Francis Husnik of Arden Manor, and I Mr. Tolaas from Ramsey County Engineering to discuss possible alternatives to displacing the 17 mobile homes affected by a possible highway shift to the north. Mr. Husnik indicated he would be willing to give a 25 foot strip ofland along the roadway, if that would help, and would I work with the County in relocating the existing entrance to line up with the new service road entrance. A meeting on this matter will be held on January 6th at the Army Reserve Center at 6:30 p,m. and all affected residents and the Arden Manor o\\mers will be invited to attend. Mr. I Stafford will be there representing Arden Hills. I The maintenance crew will be starting the fourth quarter meter readings today, but will be delayed in their process, due to the amount of snow. Typically, they walk across yards from meter to meter, but now that is not feasible. fI I I I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: January 6, 1997 I TO: Brian Fritsinger, City Administrator \ ~ I FROM: Cindy S. Walsh, Parks and Recreation Director D SUBJECT: Department Report for December and January I Parks and Recreation Committee I The Committee and I will be meeting with residents from Jerrold Avenue, Edgewater Avenue, and Katie Lane on Tuesday, January 21 at 7:30 p.m. to discuss the possible improvement of trail access points in these areas. I have received requests from a number of residents in these areas to I improve the trail access easements from their existing state of grass or stepping stones to a bituminous surface. These access easements are 10 feet wide and range from 115 to 130 feet long. All three of these segments would connect neighborhoods to the existing bituminous traiL I Additional residents from around the Hazelnut Park area were also invited to give suggestions for the new play structure, which is budgeted for 1997. Ie The 1997 Day in the Park has been scheduled forlune 7 from II:OO a.m.-2:00 p.m. This year's event will highlight the new trail beginning at City Hall. The ideas include; concessions, caricatures, face painting, clowns, entertainment, soccer or softball clinic at Royal Hills or Floral I Park where the trail ends, and a scavenger hunt along the traiL I Recreation ProQ:rams and Skating Rinks The skating rinks opened on December 23 as planned and will remain open until February 21 (weather permitting). The rinks were closed on January 4 and 5 due to rain and snow. Skating I lessons and hockey skill sessions will be held at the rinks throughout the season. A variety of trips were offered during the holiday season for kids while they were off from I schooL We received a lot of positive comments about the vacation day trips from parents who are looking for alternative day care options. I Park Fund Update The park fund has an equity balance of approximately $435,391. This includes the deduction of the trails contract retainage of$4,609. The fund will receive an additional $45,191.50 from the I cooperative trails grant in 1997 once the project has been completed. I O'Meara Property Transfer Attorney Filla has recorded the transfer at Ramsey County. I am waiting to receive a copy. The City now has an easement that extends from Katie Lane to the trail by Hazelnut Park. it I ------ --- I Cummimrs Park DrinkinQ: Fountain Request I I received requests from the users of Cummings Park to install a drinking fountain in the park. While I agree that a drinking fountain would benefit a large number and variety of people using -. the park facilities and trails, the lack of a water source in or near the park makes the request cost prohibitive. I did meet with a representative from Roseville Plumbing and Heating to determine possible costs and locations. Unfortunately, neither of the two possible water sources, Wyncrest I Court or the businesses south of the wanning shelter, are cost effective options. In both situations, the cost would be about $8,000 to pipe the water into the park. I have responded to those making the request by giving them the estimates and explaining that it is not a budgeted I item. One individual requested that it be budgeted for 1998. As far as I am concerned, it is cost prohibitive. The Parks and Recreation Committee reviewed the request and agreed that the expense is prohibitive. I do not intend to continue to pursue it unless the Council provides I direction otherwise. I will obtain quotes for Floral Park, which connects to Cummings by a trail. Snow plowing of Trails and sidewalks I I continue to receive a number of complaints from residents who want the trails and sidewalks plowed. I am in the process of surveying other cities in an attempt to find possible cost effective solutions. I do believe that we can clear these areas without purchasing the $55,000 specialized I equipment. I will be providing the Administrator and Council with a report by the end of January. Possible Trail Grant Opportunity I I have been exploring possible trail grant opportunities to aid in funding future trail segments. The DNR did send out cooperative trail grant applications in hopes of being funded again during ~ the 1997 Legislative session. This is the same program that the City received funds from for our most recent trail development. I have sent in an application request form for funds to assist with I the trail along County Road F from Lexington A venue to Hamline A venue. This segment would qualifY for funds since it connects to the Shoreview trails and also connects the Hamline A venue sidewalk and the Lexington Avenue trail. lfthe Council concurs, I intend to submit an I application for this project. lfthe City was awarded the grant, we would have until the year 2000 to use the State's 50% matching funds. I I I I I .. I