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Home My WebLink AboutCCP 01-27-1997 I f"~ I .. AGENDA ARDEN HILLS CITY COUNCIL MEETING - NEW BRIGHTON COUNCIL CHAMBERS MONDAY, JANUARY 27,1997,7:30 P.M. I 7:30 P.M. 1. Call to OrderlRolI Call 7:30 P.M. 2. Approval of Meeting Agenda I 7:35 P.M. 3. Approval of Minutes I a. January 13, 1997, Regular Council Meeting b. January 21, 1997, Council W orksession Meeting I 7:40 P.M. 4. Consent Calendar 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,nonnal sequence on the agenda. a. Claims and Payroll I b. 1-35W Corridor Coalition, Revised Joint Powers Agreement c. Receive 1996 Treasurer's Report Ie 7:45 P.M. S. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda In addressing the Cound t, please state your name and address for the record, and a brief summary of the I 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 distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. I 7:50 P.M. 6. Unfinished and New Business a. Adopt Resolution #97-06, Approving the Plans and Specifications and I Ordering the Advertising for Bids, In the Matter of Street Improvements of 1997 b. Planning Case #96-27, Arden Hills Texaco/Quizno's, 1306 West County I Road E, SUP AmendmentIVariance c. Planning Case #97~01, Gurtek, 4315 Colleen Court, Variance d. Quad Ice Arena, Master and Supplemental Agreements I e. Resolution #97-07, Supporting an Application to the Department of Natural Resources Cooperative Trail Grant f. Resolution #97-08, Supporting the Transfer of Certain Excess MnDOT I Right-of-Way to Welsh Companies to Facilitate the Building Which was Approved in Planning Case 96-12 I 9:30 P.M. 7. Administrator Comments t' 9:40 P.M. 8. Council Comments 9:50 P.M. 9. Adjourn I The above time may vary depending upon length of issue discussion I I ITEMS PENDING OR UNDER STUDY FOR FURTHER COUNCIL CONSIDERA nON -. DEPARTMENT ANTICIPATED ITEM RESPONSIBILITY AGENDA DATE I 1. Chapter 3 Codification Administration 2/10/97 2. Dan Ogren, PUD Amendment Planning 211 0/97 I 3. Highway 96 Alignment Public Works 2/10/97 I 4. Order Assessment Hearing, Administration 2/24/97 I 1997 Street Improvements 5. Assessment Hearing, Administration 3/31/97 I 1997 Street Improvements I February Meetings March Meetings .. February 5 Planning Commission 7:30 P.M. March 5 Planning Commission 7:30 P.M. February 10 Council Meeting 7:30 P.M. March 10 Council I\Ieeting 7:30 P.M. I February 18 Council \Vorksession 4:45 P.M. March 17 Council Worksession 4:45 P.M. I February 19 Economic Development 8:00 A.M. March 19 Economic Development 8:00 A.M. Committee Committee February 24 Council Meeting 7:30 P.M. March 20 Public Safety/Works 7:30 P.M. I Committee February 25 Parks & Recreation 7:00 P.M. I Commission March 25 Park & Recreation 7:00 P.M. Comminee February 26 Newslener Comminee 6:00 P.M. March 26 Newsletter Comminee 6:00 P.M. I February 27 Finance Committee 7:30 P.M. March 27 Finance Corom ittee 7:30 P.M. March 31 Council Meeting 7:30 P.M. I I .. I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 I ~st Fax Jan-24-97 02:37 PM I <yrl Identification \r' Result Pa~es ~ Date Time Duration Dia~ostic 6310467 OK 02 Seut Jau-24 02:35P 00:01:03 002181230020 I 6.0.4 I I I I Ie I I I I I e. ~~q~ I v -.\/ /} I \ I \ ... I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Illst Fax Jan-24-97 02:33 PM "1\~~ I Identification Result Pa~es Iw Date Time Durdtion Diamostic 4219511 OK 03 Sent 1ao-24 02:26P 00:01 :31 002580030022 I IS.O.<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 I tlst Fax Jan-24-97 03:20 PM /' I Identification ({~ Result Pa~es ~ Date Time Duration Diagnostic 6339550 OK 02 Sent Jan-24 02:59P 00:01:15 002180430020 I .., I I I I I. I I I I I I I .e I ------------ I HP OfficeJet Fax Log Report for I Personal Printer/Fax/COPi~ ~ City of Arden Hills 612633-7839 Jan-24-97 03:22 PM I ttst Fax . I Identificati<m Result Pa~es ~ Date Time Duration DiaQ1lostic 6333846 OK 02 Sent Jan- 24 03:21P 00:01: 16 002180430020 I 6.0.4 I I I I I. I I I I I I I Ie I ----- I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 - Jan-24-97 02:59 PM I Last Fax I Identification ~Y<;< Result Pa2es ~ Date Time Duration Diaimostic 6449446 OK 02 Sent Jan-24 02:57P 00:01:13 002181430020 I 6.0,4 I I I I Ie I I I I I I I I- I ------ - ----------- ---.--.---- ----- --- I I CITY OF ARDEN HILLS I- MEMORANDUM DATE: January 24, 1997 I TO: Mayor and City Council ' I FROM: Brian Fritsinger, City Administrator@:) I SUBJECT: Administrator Comments for the January 27,1997 Council Meeting 1. AoorovalofMinutes I The Council is asked to approve the Minutes of the January 13, 1997 Regular Council meeting, and the January 21,1997 Worksession. I 2. Consent Calendar a. Claims and Payroll The Council is asked to approve claims in the amount of$168,547.69, and payroll I for the period most recently ended. The Council should note payment to MSA in the amount of$12,339.24 for December Engineering Services; to North Metro I- I- 35W Corridor Coalition in the amount of $4,243 for 1997 membership dues; and to the City of Roseville in the amount of$110,066.35 for fourth quarter water purchases. I b. I-35W Corridor Coalition. Revised .Joint Powers A1:reement The City Council is asked to approve some minor revisions to the I-35W North I Metro Corridor Coalition. The Board of Directors has reconunended these changes be considered by the participating City Councils. I c. Receive 1996 Treasurer's Report The City Council is asked to receive the 1996 Treasurer's Report. The City Council was provided and reviewed this document as part of the January 21, 1997 I Worksession. 3. Unfinished and New Business I a. 1997 Street Improvements The City Council is asked to approve Resolution #97-06, Approving Plans and I Specifications, Advertising for Bids for the 1997 Street Improvement project. The Public Works Superintendent has reviewed the plans with the City Engineer and has no significant issues of concern. Some minor revisions are being made to I the plans based on this meeting and the meeting with affected property owners. These revisions are still being made and the plans should be completed for bidding by early next week. Should the City Council proceed, the next item of f. action would be ordering the assessment hearing at the February 24, 1997 meeting. I ----- ~- - ---- --- - - -- ---- I Administrator Comments for the January 27, 1997 City Council Meeting I Page Two January 24, 1997 -I b. Plan niDI! Case #96-27. Arden Hills Texaco/Ouizon's.1306 West County Road E. SUP AmendmentlVariance I The Planning Commission has recommended denial of the SUP and variance. c. Planning Case #97-01. Gurtek. 4315 Colleen Court. Variance I The Planning Commission has recommended approval of a 10 foot front yard setback variance for the garage without allowing for any direct encroachment into the drainage/utility easement. I d. Ouad lee Arena Agreements The City Council is being asked to approve the Master and Supplemental I Agreements related to the Quad Ice Arena project. The Cities of Coon Rapids, Blaine and Shoreview have approved participation. The MASC has requested that I all actions be taken no later than January 28, 1997 in order for the project schedule to stay on track. The Agreements enclosed have incorporated additional minor revisions not included in the January 13, 1997 report. I Resolution #97-07. DNR Trail Grant e. The City Council is asked to adopt Resolution #97-07, DNR Trail Grant. This _I action would allow staff to proceed with the submittal of additional grant materials for several segments of the trail system. f. Resolution #97-08. Gateway Business District I The City Council is asked to adopt Resolution #97-08, supporting the transfer of certain excess MnDOT right-of-way to Welsh Companies to facilitate the building I which was approved in Planning Case #96-12. The City Council had previously reviewed and supported this action. Due to delays at MnDOT, this transfer has not yet taken place. I I I I I .1 I I~ .. DRAFT I It MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING I JANUARY 13, 1997 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS I CALL TO ORDER/ROLL CALL I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. I Present: Mayor Dennis Probst, Council members Beverly Aplikowski, Dale Hicks, Susan Keirn and Paul Malone. I Absent: None. I Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Community Development Director, Kevin Ringwald; Public Works Superintendent Ie Dwayne Stafford; Parks and Recreation Director, Cindy Walsh; Administrative Secretary Sheila Stowell; and Recording Secretary, Cindy Schneider. I ADOPT AGENDA Councilmember Aplikowski requested the addition of Item 6F, Discussion of Town Hall I Meeting. MOTION: Aplikowski moved and Malone seconded a motion to adopt the revised agenda I for the January 13, 1997, Regular City Council meeting. The motion carried unanimously (5-0). I APPROV AL OF MINUTES I A. January 2, 1997, Regular Council Meeting B. January 7, 1997, Special Council Meeting I Councilmember Malone requested the following correction on Page 5 of the January 2,1997, Regular Council Meeting minutes: I The paragraph beginning "This application is a special circumstance and contains a special condition" should instead read "and reduces the extent of a non-conforming use". fI I .. "I i::';\';:;'~ ,." rr-? U~'(Ar . ARDEN HILLS CITY COUNCIL - JANUARY 13.1997 2 I MOTION: Aplikowski moved and Keirn seconded a motion to approve the January 2, 1997, .. Regular Council Meeting minutes as corrected and the January 7, 1997, Special Council Meeting minutes as presented. The motion carried unanimously (5-0). I CONSENT CALENDAR A. Claims and Payroll I B. Street Sweeper Equipment Options Councilmember Malone questioned if the NSP statements have been merged into one payment I for ease of billing. Terry Post, City Accountant, indicated that the billing has been consolidated to the extent possible. I MOTION: Hicks moved and Malone seconded a motion to approve the Consent Calendar as submitted and authorize execution of all necessary documents contained therein. I The motion carried unanimously (5-0). PUBLIC COMMENTS I Mayor Probst invited the audience to address the Council on any issue not already on the agenda. Lois Rem, 1670 Glenview Court, Arden Hills, stated that she sat through the Planning .. Commission interviews on Tuesday, January 7, 1997. She took issue with the Planning I Commission interviewees being told that no land use issues had come up regarding the Valentine Lake townhome project. She stated there had been two hearings to that effect held, one on March 1,1995, the other on March 27,1995, and read excerpts from the minutes of those I meetings pertaining to the land use issue. UNFINISHED AND NEW BUSINESS I A. City Code, Review Chapters 4 & 5. Brian Fritsinger, City Administrator, reviewed for the City Council that the City has from time to I 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. I Chapter 3 is anticipated to be presented at the January 27, 1997, Regular Council meeting. The following will address the issues identified by staff and/or LMC in the order that they are found. Chapter 4 - Animals and Pets I Revised Chapter 4 is the current Chapter 5.5. This chapter was reviewed by the City Council in I 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. .. I ! I .. DRAFT I ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 3 ~ The City Council may wish to discuss several areas of the chapter which were added in 1994 and the merits of these sections: I Page 4-2, Subd. 3 Page 4-16, Section 420 - Kennels I Page 4-13, Section 430 - Cats Mayor Probst indicated his desire to prohibit the raising of animals for pelts, as outlined in I 440.05, page 4-18. Mr. Fritsinger indicated that portion was specific to wild/exotic animals. Councilmember Keirn inquired regarding 410.0 I, if the keeper would now be referred to simply I as the owner. Mr. Fritsinger answered affirmatively. Councilmember Malone inquired if a dairy farm would be prohibited by the City. Mr. Fritsinger I indicated this would be a zoning and land use issue. A discussion ensued regarding the nuisance definition as it applies to minks being raised for I pelts. It was generally agreed that an operation of that scale would not be approved by the City. Ie Chapter 5 - Alcoholic Beverages Revised Chapter 5 is the current Chapter 3. LMC answers several of Mr. Fritsinger's questions regarding the use of alcohol in Arden Hills. Some changes identified are substantial, however, I most are minor in nature. Page 5-1, Subd. I Page 5-15, Subd. 8 I Page 5-2, Subd. 4 Page 5-16, Subd. 9 Page 5-2, Subd. 5 Page 5-18, Subd. 14A Page 5-2, Subd. 6 Page 5-18, Subd. 14B I Page 5-3, Subd. 7 Page 5-20, Subd. I-C Page 5-5, Subd. 3 Page 5-22, Subd. I Page 5-5, 510.01, Subd. I Page 5-23, Subd. 3 I Page 5-6, D - Club Licenses Page 5-28, Subd. 5-B, C, D Page 5-8, F Page 5-30, Subd. 6, B, 5 Page 5-9, Subd. 5 Page 5-32, Section 520-04 I Page 5-11, E Page 5-33, Section 520-09 Page 5-13, C, 2 I Mr. Fritsinger indicated there was only one major issue, that of the wine/beer license granted to Ma Ma D's Restaurant. The remaining changes were minor changes. I Councilmember Malone indicated his desire to change the phrasing of the City code to that of fI State Statutes. He further expressed concern with 5.60, requiring that a club exist within City limits for two years before being able to acquire a license. I --.- DRAFT ... '~I ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 4 I Mayor Probst indicated his concern with the following sections: -- 5-78, regarding prohibition of a license to a manufacturer. He indicated that a micro I brewery could fall under this definition. He indicated he would be generally favorable to a micro brewery locating in Arden Hills, and the wording as it stands could present a problem. I 5-7C, regarding the issuing of two of the same class oflicense to the same person. 5-11, Subd, 6, regarding the City's designated law enforcement agency to perform both the background check and financial investigation. It is his feeling that the law enforcement I agency should not be responsible for a financial investigation, 5-18, regarding transfer oflicense to another person. 5-31, inquired regarding the 8-day notice for suspension and revocation of license. It I was indicated that Mr. Fritsinger was researching this question. B. Ehlers and Associates, Inc., Agreement for Professional Services. I Mr. Post reviewed for the City Council that the TIF Agreement between the City of Arden Hills and the Cottage Villas of Arden Hills Limited Partnership for the Cottage Villas senior apartment I project has become active in 1996 by virtue of the partnership incurring the costs of public development activities in prior years and the partnership paying real estate taxes in 1996, .. Mr. Post stated that Staff recommends that the Arden Hills City Council consider authorizing Staffto enter into an agreement for professional services with Ehlers and Associates, Inc. for a I price not to exceed $2,500 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. I Councilmember Malone inquired if the charge for these services were chargeable against the TIF. Mr. Post indicated that they were. I MOTION: Malone moved and Keirn seconded a motion to authorize Staff to enter into agreement with Ehlers and Associates, Inc. The motion carried unanimously (5- I 0). C. Economic Dcvelopment Authority (EDA) Budget. I Mr, Fritsinger reviewed for the City Council that Resolution No, 96-08, "Resolution Enabling I the Establishment of an Economic Development Authority," was enacted in 1996, but that the entity has been dormant until the present time, Mr. Fritsinger recommended the Council authorize Staff to create an EDA fund, and that the I Council authorize staff to investigate a depository relationship in which to facilitate EDA financial transactions. He stated that Staff will present a more extensive, formal 1997 budget -- I -------- ------- ---------- - I - "" -, .~ ..~ T u""'" ,'.~, ? - r > - - +.' , a 't. K'""\ I ARDEN HILLS CITY COUNCIL - JANUARY 13.1997 5 ~ request for EDA Commissioner approval once additional information is known regarding the other City economic development activity options, I Mayor Probst requested clarification that this was a request to only set up the fund at this time, and not a budget Mr. Fritsinger stated this was the case, I Councilmember Aplikowski inquired if this could be done automatically by the City Council, Mr. Fritsinger stated the City Council could for the budget, but not for the fund. I Councilmember Malone inquired if this new fund would be co-mingled with other money. Mr. Post indicated that it would be placed in a separate account I MOTION: Malone moved and Keirn seconded a motion to authorize the creation of an EDA fund account for the CPI Loan Fund and staff to investigate a depository I relationship in which to deposit and expend funds of the EDA. The motion carried unanimously (5-0). I D. Quad Ice Arena Agreements .. Mr. Fritsinger reported the 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 be taken on this item prior to January 28, 1997. He I further stated that the Council should also consider approval of the Supplemental Agreement with the Hockey Associations and Ramsey County. I Master A~reement Mr. Fritsinger reviewed the content of the Master Agreement with regard to Terms, Financing, I Facility Operation, Joint Board, Obligations, Budget, Ice Usage, Financing Operations, Operating Expenses, and Construction of Facility. He stated an agreement has been reached with the MASC that no similar projects will be started in the State of Minnesota. Mr. Fritsinger I explained the MASC would be responsible for the fourth sheet of ice at this time, as no community has stepped forward to purchase it The MASC will continue to pursue other tenants for this sheet. Mr. Fritsinger advised that City Managers have met to discuss the impact on I municipal bond ratings. The City's financial advisors have indicated that the obligation is a disclosure item on any future bond issuance, and that there is no direct impact on bondable I capacity. Mr. Fritsinger indicated that should the City approve the agreements, Staff would recommend I approval with the following conditions: 1. Participation in the project by each member of MANS (Mounds View, Arden Hills, New fI' Brighton and Shoreview). I ---------------- ---~-- -------- ------------------ . rWA"T - 'I Un t- ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 6 I 2. Approval and execution of the Supplemental Agreement, between the Cities of Arden .. Hills, Mounds View, New Brighton, Shoreview, Ramsey County and the Mounds View and Irondale Youth Hockey Associations. 3. Receipt of the $200,000 escrow payment from the Mounds View and lrondale Hockey I Associations upon execution of this agreement. 4. Payment of the $500,000 down payment by Ramsey County to MASC. 5. Minor corrections or revisions to the Master and Supplemental Agreements which are not I substantial in content will be reviewed and approved by the City Attorney and City Administrator. I 6. The Mayor and/or City Administrator will be authorized to execute all necessary documents. Mayor Probst inquired if the hourly rate for ice time is subject to Board approval. Mr. Fritsinger I replied that was the case. Councilmember Keirn inquired regarding equal allotment of time with regard to the MASC's I ownership of the fourth sheet of ice. Mr. Fritsinger replied that ice time allotment is also subject to Board approval, and that the Board also has input into the marketing of the sheet. I Councilmember Malone expressed concern with the wording of the Master Agreement with regard to the funding and requested clarification. He was also concerned regarding the eI possibility ofMASC accruing costs to other members. Councilmember Keirn also expressed concern that the MASC would market their sheet more I aggressively. Mr. Fritsinger replied that was not the original intent as shown in the Master Agreement, however, he will ask for clarification from the MASC as a result of their I involvement in the fourth sheet. Councilmember Aplikowski inquired if the Board sets the rate for all sheets, or if the MASC I could undercut the other communities. Mr. Fritsinger indicated this would not be the case, the rate is set by the Board. Mayor Probst indicated that if necessary, this matter could be held over for clarification until the I next City Council meeting on January 27,1997. Mr. Fritsinger indicated the City has until the end of the month to approve or deny this Agreement. I Council member Hicks indicated that he also had concerns regarding interpretation of the hours and rates. He requested clarification of the amount of the bond, if it was to be $7.5 million or $9 I million. Mr. Fritsinger indicated the bond was for $9 million. Councilmember Hicks indicated his desire to table discussion of the Master Agreement at this I time. .. I -..-.-- -- ------- 1- - DRAFT I ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 7 ~ Supplemental Agreement I Mr. Fritsinger reviewed the down payment plan, and the various options the City has in meeting this payment. He also reviewed the escrow agreement in regard to establishing a replenishing fund, and the responsibility of each community of 1,000 hours of ice time. I Councilmember Aplikowski requested clarification that the four communities of MANS would together be responsible for the 1,000 hours of ice time Mr. Fritsinger replied that would be the I case. Mr. Fritsinger stated that MASC and our financial advisors have indicated there would be no I effect on the City's bond rating unless the project failed. I Mayor Probst indicated he favors the proposal for a replenishing escrow. Councilmember Malone expressed concern that if this project was to fail, there are no assets to I attach from the Hockey Associations. He discussed the possibility of a buyout of the City's sheet if the project should fail. Mr. Fritsinger stated he would discuss this proposal further with Ehlers and Associates. .. Mayor Probst requested clarification of the City's obligation if the project were to fail. Mr. Fritsinger stated the City's responsibility would be a percentage of the hours for 25 years. I Councilmember Malone reiterated his desire for ownership of the City's sheet in the event of project failure. I A discussion ensued regarding the City's share of the cost of a possible buyout. I Councilmember Aplikowski stated that the Master Agreement does contain a default clause regarding End of Term Right of Renewal. Mr. Fritsinger stated this clause was in regard to financial failure. I Mr. Fritsinger stated he would further discuss this clause with Ehlers and Associates. I Mayor Probst inquired how the changes in the financial terms would affect the City's bond ratings. Mr. Fritsinger stated he would clarify this for the Council at the January 27, 1997 I meeting. Hicks moved and Keirn seconded a motion to table discussion of the Master and MOTION: I Supplemental Agreements to the January 27, 1997 Regular Council meeting. The motion carried unanimously (5-0). t- I .- DRAFT ~ -I ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 8 I E. 1996 DOER Pay Equity Compliance Report .. Mr. Fritsinger referred the Council to the attached 1996 Department of Employee Relations (DOER) Pay Equity Compliance Report. This report includes information about the Arden Hills I Pay Plan as of December 31, 1996. He advised this report is required by the State of Minnesota on a three-year reporting cycle. Staff has run the statistics through the DOER software and the I plan appears to be in compliance. The information included in this report is consistent with the revised plan as discussed in 1995. Mr. Fritsinger advised the City Council that Staff is recommending approval of the 1996 Pay I Equity Compliance Report, and to direct staff to submit the necessary documentation to the Department of Employee Relations. I MOTION: Hicks moved and Aplikowski seconded a motion to approve the 1996 DOER Pay Equity Compliance Report. The motion carried unanimously (5- I 0). F. Town HaIl Meeting I Mr. Fritsinger indicated that Staff has been in discussions regarding the general format, advertising and set-up. Staff has also been researching what information the residents are .. interested in knowing about. Mayor Probst indicated his pleasure with the package put together by Staff, and said it would be I of great help during the Town Hall Meeting. Councilmember Aplikowski inquired regarding format of the Town Hall Meeting, its priorities, I and the seating arrangements of the City Council. Mayor Probst indicated his desire to include the community in this process, and suggested I resident task forces be formed to deal with various issues. A discussion ensued concerning the formality of the Town Hall Meeting. It was discussed I whether it would be more appropriate to have Councilmembers spread among the room, or to have a more formal seating arrangement on the stage. The question and answer part of the Town I Hall Meeting was also part of this discussion. Councilmember Aplikowski inquired regarding other participants scheduled to be a part of the I Town Hall Meeting. Mr. Fritsinger indicated the Sheriffs Office was the only agency confirmed at this time. Mayor Probst requested that, if time allows, that Staff prepare overheads of City maps and I parks, to allow for ease of explanation to a large group. .. I --..------- I DRJ\fT I ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 9 ~ It was generally agreed that the Town Hall Meeting format needed a great deal more discussion, and that it would be discussed at the next Council Worksession scheduled for Tuesday, January 21, 1997. I ADMINISTRATOR COMMENTS I Mr. Fritsinger gave a brief update on the condition of Highway 96. He indicated Ramsey County is pursuing a temporary overlay of this highway at no additional cost to the City and that it I should not change the time frame of the Highway 96 reconstruction. Mayor Probst expressed concern that turnback funds not be used for the overlay. I Mr. Fritsinger asked for Council comments on the Hans Hagen property on County Road E, and the Gateway Business District. I Mayor Probst inquired regarding signal lights in the Gateway district. Mr. Ringwald, Community Development Director, replied he was meeting with Ramsey County regarding this I Issue. Mayor Probst indicated his opposition regarding the rezoning of the Hans Hagen property. He .. expressed concern regarding environmental issues and traffic problems. I Councilmember Keirn concurred, stating the traffic problems would only get worse in the area with an addition of a gas station. I Councilmember Aplikowski stated that as far as she knows, the neighborhood is opposed to a gas station on this corner. She further stated this corner is considered a difficult one to develop. I COUNCIL COMMENTS Councilmember Keirn expressed her displeasure at Worksessions being held in the Public Works I Building. She stated she would like to move the Worksessions to the Army Reserve Building. She stated that it is difficult for her to arrive on time to meetings due to her work schedule. She also indicated that since the W orksessions cover the dinner hour, the City should consider I providing meals for those in attendance. I Mayor Probst inquired if the Worksessions could be moved to a 4:45 p.m. starting time. It was generally agreed this should not pose a problem. Mr. Fritsinger stated most other communities provide meals for meetings that are held over regular mealtimes, and he would look into the City I providing this service. tt I --- T"';.') f\ [;"" T -, "1 ,'," Fe._~. _ .. '. 1...... ;, '<. .<,.. U~!,,,';c.'iif ARDEN HILLS CITY COUNCIL - JANUARY 13. 1997 10 I Councilmember Aplikowski stated the business community is interested in knowing more about .. long range planning for Crime Watch and asked if a luncheon could be arranged combining these two interests. Councilmember Aplikowski also indicated she is a member of Women in Government, and I inquired if the City would consider paying her yearly dues to this organization. Mr. Fritsinger I replied that at this time, the City only pays for Mayor's Association dues. Councilmember Malone gave a brief overview of the Fire Department Benefit Association I Board's two new officers. Councilmember Hicks stated the Ramsey County Board Meeting, which was to be a retreat, has I been delayed. The regular Board will now meeting Thursday morning. He also indicated he will not be available for the Tuesday Worksession. Mayor Probst inquired regarding the status of the new Building Inspector. Kevin Ringwald, I Community Development Director, indicated that the new Inspector is scheduled to start on Monday, January 27, 1997. I A brief discussion of Christmas tree pickup difficulties ensued, with Mr. Ringwald stating that New Brighton will take drop-offs at no charge until January 17, 1997. .. Mayor Probst indicated he was pleased to see the possibility of another parks grant. He spoke briefly of the City's letter in the League of Minnesota Cities newsletter. I ADJOURN I MOTION: Malone moved and Hicks seconded a motion to adjourn the meeting at 9:44 p.m. The motion carried unanimously (5-0). I I Dennis Probst Brian Fritsinger Mayor City Administrator I NOTICE OF MEETINGS I The next regular City Council meeting will be held January 27, 1997, at 7:30 p.m. at the New I Brighton Council Chambers. .. I I - DRAFT I MINUTES I- CITY OF ARDEN HILLS, MINNESOTA WORKSESSION TUESDAY, JANUARY 21, 1997 4:45 P.M. - ARMY RESERVE CENTER - 4655 LEXINGTON A VENUE NORTH I CALL TO ORDER/ROLL CALL I Pursuant to due call and notice thereof, Mayor Probst called to order the City Council Worksession at 4:50 p.m. Present were Mayor Dennis Probst, Councilmembers Beverly Aplikowski and Paul Malone; Cil:y Administrator, Brian Fritsinger; City Accountant, Terry Post; I Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; Parks and Recreation Director, Cindy Walsh; and Administrative Secretary, Sheila I Stowell. Councilmember Susan Keirn arrived at 4:55 p.m. Councilmember Dale Hicks had previously notified Mayor Probst that he would not be available for the meeting. I APPROVAL OF MEETING AGENDA MOTION: Aplikowski moved and Malone seconded a motion to adopt the agenda for the I January 21, 1997 Worksession. The motion carried unanimously (3-0). CITY ISSUES - SHORT TERM Ie a. Discuss Final Preparation for Town Hall Meeting City Administrator Fritsinger reviewed a memorandum updating the City Council on the I final preparations for the Town Hall meeting scheduled for Saturday, January 25, 1997. Mr. Fritsinger stated that staff was awaiting input from Councilmembers on their level of I participation following the Mayor's "State of the City" address. I Mayor Probst asked staff to clarifY the involvement of existing committee members and Chairpersons. Mr. Fritsinger responded that all committee members had been invited. Mayor Probst directed staff to invite committee members to participate with staff at the I information tables, if it seemed appropriate and committee members expressed an interest in participating. I Mayor Probst asked for Council discussion on the possible topics outlined by staff, and requested cost savings on various staff projects. Several additional items were added to the list of discussion topics. I Mayor Probst directed stall to make State Representative Phil Krinkie and Senator Linda Runbeck aware of the meeting and welcome their participation. I Mayor Probst requested an update on the availability of results from the community f' survey. Mr. Fritsinger responded that if the Council had a topic or two it wanted to focus on, a response could be tabulated on one or two specific questions and made available for the Town Hall meeting. However, the results of the entire survey would not be I - --------- o r:=, "" rE:~ '. J ',. j I : ~~<..;:4.r - ARDEN HILLS CITY COUNCIL WORKSESSION - JANUARY 21. 1997 2 I available, -I Mayor Probst again stated his sincere hope that the Town Hall meeting would foster more I communication with residents and, residents would use this opportunity to discuss issues that affected them on a city-wide basis. I Discussion ensued concerning committee structure and proposed future committees and task forces, with Councilmember Aplikowski expressing her concerns with the proposed I committee application form and any misinterpretations the public may find with those standing committees listed, and no listing of task forces and/or committees which are pending creation. Councilmember Aplikowski stated that it seemed the majority of the I committees on which she serves as Council Liaison were being eliminated, in addition to her being concerned with the way the city was saying "thank you" to those committee members who had served so faithfully. I Councilmember Keirn expressed concern that the Council had yet to set priorities, and until we hear from residents at the Town Hall meeting, the Council shouldn't be setting I up task forces. Mayor Probst asked that Councilmembers not become deadlocked with semantics, and .. the only real change was dropping the existing Human Rights Committee, with only the definitions and focus of several others changing and the addition ofa Youth Commission. I Councilmembers again reviewed the proposed committee fonn. After further discussion, staff was directed to redraft the Committee Application fonn to I be used at the Town Hall meeting to include proposed task forces as most recently proposed by Mayor Probst and reviewed by Councilmembers at the January 2, 1997 I Council meeting, as shown below: STATUTORY COMMISSIONS * ECONOMIC DEVELOPMENT AUTHORITY I * PLANNING COMMISSION COMMITTEES/COMMISSIONS I * PARKS AND RECREATION COMMISSION * PUBLIC SAFETY COMMISSION * ARDEN HILLS YOUTH COMMISSION I * BUSINESS RELA nONS COMMITTEE * FINANCE COMMITTEE * NEWSLETTER COMMITTEE I .. I -------- ------ -------- ~ I ~~... ,.--:..:;, /-', ~:;.;""~7;"..J U ;-L<~ .7 \\ :~.. ~ b\..6""'H' I ARDEN HILLS CITY COUNCIL WORKSESSION - JANUARY 21, 1997 3 ,. TASK FORCES I * CITY FACILITIES TASK FORCE * HIGHWAY 96 TASK FORCE * EMERGENCY PREPAREDNESS TASKFORCE I * LAKE QUALITY AND ENVIRONMENT TASK FORCE * CITY COMMUNICATIONS TASK FORCE * COMMUNITY DIVERSITY TASK FORCE I Mayor Probst discussed the value of a sign-in sheet at the Town Hall meeting to establish I if a cross-section of the community was represented. It was determined that Mayor Probst could determine the representation by a show of hands during the formal portion of the meeting. I Discussion took place regarding the acceptance of questions from the floor, or only through use of the questions sheets included in the program. It was the consensus of the I Council that either form would be acceptable, provided no special interest groups attempted to monopolize the meeting. Ie b. Gateway Business District Community Development Director, Kevin Ringwald, reviewed several issues needing Council direction relating to the Gateway Business District. Items discussed included the I small remnant property currently owned by the Minnesota Department of Transportation (MnDOT) still necessary for development of the Phase I building; groundbreaking for I Phase I in early March of 1997 and the City's participation; City parcel acquisition for Phases II and III with purchase agreements expiring on March 31, 1997; street locations in the overall Master Plan, as well as signalization; and development of a plan for future I acquisitions as TIF monies become available. Mr. Ringwald stated that a resolution clarifying the acquisition of the MnDOT parcel wi!! I be available for City Council action at the January 27, 1997 Council meeting. It was the consensus of the Council that in order to recoup costs of property acquisition, I demolition, environmental clean up and other expenses incurred by the city, staff negotiate the purchase price with a minimum selling price based on the remaining outstanding debt. Mr. Fritsinger stated that the city had been reimbursed by TIF funds in I the past, and Mr. Post stated that the State would reinstate parcels to the TIF District when the Building Permits are pulled. Discussion took place regarding sewer access charge (SAC) credits related to the project. I Mayor Probst directed staff to use these transactions as a trigger for commencing the .. EDA as they relate to the broader picture and future planning for this area, and suggested that meetings be scheduled and the EDA formalized in the near future. I -------------- ---------- L;:....:.'i.; -,,- ~-"-~J .1 . ~ ARDEN HILLS CITY COUNCIL WORKSESSION - JANUARY 21. 1997 4 . Considerable discussion took place regarding the acquisition of various properties as they .. relate to the project, and possible variances and partial condemnation proceedings. Mr. . Ringwald also requested direction on how the Council would like to proceed for financing road construction, the amount of participation from Ramsey County, and the need to provide Mr. Harstad access to his property. . Staff was directed to hire a consulting firm to investigate planning repercussions and creative options for future building construction and any modifications needed at this I point. Staff was also to review repackaging of any parcels and necessary acquisitions to facilitate orderly development. Councilmember Aplikowski commented that this would seem to be a perfect opportunity I for creation of a task force to review this situation. Mayor Probst responded that the Council needed engineering expertise rather than ideas, and also needed a quick turn I around. Mr. Fritsinger suggested that after the consulting firm provides their expertise, a task force could review proposed plans and make recommendations to the Council at that . time, if the Council wished. Staff was also directed to entertain discussions regarding land purchase or condemnation .. proceedings on the Harstad and Indykiewicz properties, and to review the exterior upgrades on the proposed buildings in Phase II and III of the Welsh project. Mr. Ringwald advised the Council that he would work with the traffic engineer engaged I by Welsh on a variety of issues, including Round Lake Road, signalization and northbound 1-35W traffic concerns. I Mr. Fritsinger clarified, and Councilmembers confirmed, directives to staff as follows: - Initiate conversations on acquisition efforts. I - Engage a single source traffic/planning consultant. - Pursue negotiations with Welsh Companies in the range of the existing outstanding debt. I c. Committee Structure Various discussions took place among Councilmembers reviewing the current status of I the restructuring of the City's various advisory committees. Mr. Fritsinger asked for clarification on whether it was the Mayor and Council's intent to I officially terminate the Human Rights Committee at this time. Mayor Probst responded that it was his intent to not re-appoint this committee in 1997, but notification of the . Human Rights Committee should not be a staff problem as he would request a letter be prepared on his behalf to the members of the committee. .. Mayor Probst advised Councilmembers of his intent to appoint Sushila Shah remain as I ---------- D ;-;, i' 'i~ 'f I J t'\:: J.<~ ~". ,. ~. ARDEN HILLS CITY COUNCIL WORKSESSION - JANUARY 21. 1997 5 I the City's Liaison to the state Human Rights groups, and report back to the Council. I CITY ISSUES - LONG TERM I There were no long term city issues specifically addressed on the agenda, and Mr. Fritsinger suggested that the remaining portions of the agenda be used as an open forum for discussion purposes. I MISCELLANEOUS ITEMS I Councilmember Keirn requested an update from Mr. Fritsinger on the City Hall project. Mr. Fritsinger stated that he had several meetings scheduled later this week in reference to this project. I Mayor Probst again stated his directive to staff that formal meetings of the EDA be scheduled before or following the Council meetings for any necessary actions. Mr. I Fritsinger suggested that, for the time being, the meetings be scheduled at 7:15 p.m., prior to the Council meetings, and that future scheduling would be completed in the near future. -- City Treasurer Post reminded the Council that the 1996 Treasurer's Report would be I presented to the Council at the January 27, 1997 meeting. Councilmember Aplikowski advised Councilmembers that a second business luncheon I including the EDC was scheduled for Noon on Thursday, February 27 at the Holiday Inn, with notices being sent in the next few weeks. I Councilmember Malone advised the Council that his appointment to the Transportation Advisory Board would be forthcoming. Council member Malone also stated that, in his role as Council Liaison to the Public Safety and Works Committee, he was assisting them I with several issues, including providing copies of the current Fire Contract and Assessment Policy for their review. I Councilmember Aplikowski suggested that the Finance Committee and Public Safety and Works Committees both work in tandem in reviewing the Assessment Policy. I Mayor Probst provided information to Councilmembers regarding several invitations and upcoming community meetings. I ADJOURN ~ MOTION: Malone moved and Keirn seconded seconded a motion to adjourn the meeting at 7:02 p.m. The motion carried unanimously (4-0). I -- ---~ I - CITY OF ARDEN HILLS PAGE 1 OF2 I ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT THE 01127/97 COUNCIL MEETING I. I CLAIMS PAID SI~CE LAST COUNCIL MEETING (01113/97) I I~ CK.#. [cg.llAtEIWNDOR e I AMOUNT I XOMMENTS 1 1 1 11522 01/16/97 Postmaster, St. Paul 900.00 Office Postage 11523 01/20/97 Citv of Chaska 36.00 Vacation Dav Event 01120 .__._._~. -- I 11524 01/20/97 Plavworks 36.00 Vacation Dav Event 01120 11525 01/20/97 McDonald's - Vacation Day Event - 01/20 18.00 11526 01/24/97 Public Emplovees Retirement Association 2,500.56 Second Januarv Pavroll 11527 01/24/97 ICMA Retirement Trust 457 1,121.92 Second January Pavroll I 11528 ! 01/24/97 State Capitol Credit Union 2,808.06 Second Januarv Pavroll 11529 01/24/97 Int'} Union of Operating Engineers 175.00 Januarv Pavrolls 11530 01124/97 Public Employees Retirement Assn. - Ins. 57.00 Januarv Pavrolls - Februarv Insurance 11531 ' 01/24/97 United Way of the SI. Paul Area 26.00 Januarv Pavrolls _. I 1 I II Subtotal - Paid Claims 7,678.5411 I I. il Paid Claims From Above - 7,678.54 I Add Unpaid Claims, Page2 of2 160,869.15 Total Accounts Payable Claims I for Council Approval, 01/27/97 168547.69 I 1 I I I Note: Checks for unpaid claims totaling $176,424.78, were mailed on January 14th, 1997 after approval at the January 13th Council Meeting. 111ey were check numbers 11470 - 11521. I This sequence corresponds to unpaid temporary numbers Tl- T52. Check numbers 11468 - 11469 were used for alignment. I c"""', Ie I I ..~ CITY OF ARDEN HILLS PAGE20F2 I ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01/27/97 COUNCIL MEETING NP AID CLAIMS REGISTER: I 'JEMp.#I($iOATl! VENDOR . ",MdQUNTICOMMllNTS. - ~.~.- -- ~: 1 TOOl 01/28/97 American Linen Direct Sales 89.41 Uniform Purchase - Bell I T002 01/28/97 American Medical Security 422.81 Dental Insurance - Februarv -'!:QCJ~ 01/28/97 The American Stores 11.40 Vehicle #101 - Bumner Part 1'004 01/28/97 Animal Control Services, Inc. 335.80 00'1 Cat Enforcement, 01/01/97 -01120197 I 1'005 01/28/97 AT&T Wireless Services (Phoenix) 53.91 Current Invoices 1'006 01/28/97 AT&T Wireless Services (Seattle. 255.60 Annual Fee - Five Pagers 1'007 01128/97 Trac~Baker 14.00 Refund - Ceramic Class 1'008 01128/97 Circle Pines Ceramics 814.73 SunnIies for Ceramic Class I 1'009 01/28/97 Comter City 31.94 SurQ'e Protector - New Workstation TOI0 01/28/97 Connellv Industrial Electronic 109.60 Repairs at Booster Station 1'011 01128/97 Cornorate Exnress (Formerlv, St. Paul Book. 552.54 Various Office Suoolies . --~ 1'012 01/28/97 Crown Markin" Inc. 390.34 Various Rubber Stamos:: Bid,. Insoector I --,!,01~ 01128/97 Davies Water Eauinment Comnanv 670.25 Hvdrant Renair Kits T014 01/28/97 E - Z Rec;;clirur. Inc. 4,714.00 J anuarv Service 1'015 01/28/97 Anne Goetz 15.00 Refund - Art Class 1'016 01/28/97 ~her State One Call, Inc. 19.25 December Service 1996 I GoverniW;- Subscriotion - 1997 "----. ~_.~-- T017 01/28/97 15.00 1'018 01/28/97 Government TraininJY Service 138.00 Mavors' Conference - October, 1996 1'019 01128/97 W. W. Grain~cr, Inc. 169.51 lift Station #2 - Heater, Etc. I T020 01128/97 Kennedv Trans~ission 2,051.88 Vebicle #106 - Rebuild Transmission 1'021 01/28/97 Knox Lumber Comnanv 26.67 Track Ii,htin, City Hall T022 01/28/97 David W. Kriesel, Inc. 5,000.00 Inso. & Code Enforcement, 12/21196-01/15/97 1'023 01128/97 Lab Safety Sunnlv, Inc. 33.64 Two Hard Hats I 1'024 01/28/97 Maier Stewa~ & Associates, Inc. 12,339.24 EnQ'ineerinQ' Services - December, 1996 1'025 01128/97 Carol McLean 16.00 Refund - !!Krazv Krafts" 1'026 01128/97 Medica Health Plans 205.24 Insurance Adiustment - Fuller, 1996 1'027 01128/97 Midwest Radiator 112.90 Vehicle #20 - Reo air Radiator I 1'028 01/2S/97 MN Denartmen! of Health 3,170.00 Water Connection Fee 4Q96 1'029 01128/97 Minnesota Mutual life 479.90, Februarv Insurance .. T030 01128197 Morton Salt 1,596.471 Road Materials .. ciiV of Mounds View 27.00! Transoortation Bowlin", 01102/97 1'031 01/28/97 I 1'032 01/28/97 National Leaoue of Cities 755.00 I Annual Dues 1'033 01128/97 North Metro 1- 35W Corridor Coalition 4,232.00 I Membershin Dues for 1997 1'034 01/28/97 Northern States Power Co:rnoanv 1,287.76! Current Invoices I 1'035 01128/97 Northern Water Works Sunnlv, Inc. 104.371 Renair Clamp 1'036 01/2S/97 EUOene F.Pakov 135.10 I Heatin,Insoections - 1997 T037 o 1/2S/97 Peterson:Fram & Beroman, P.A. 5,650.841 Professional Serv., Dec. (Prosecution $3,171.50) 1'038 01128197 Pleasant View Homes, Inc. 75.00 I Renalrs City Hall Entrv Roof Vallevs I 1'039 01128197 Ramsev County 3,329.10 Diesel Fuel & Unleaded Gas - Nov. & Dec. 1'040 01/2S/97 I Ramsey County 415.80 Snrin. Sweenin. - 1996 1'041 01!2S197 I Kevin RiMwald 6.39 Reimbursement - EDC Meeting, 01/15/97 1'042 01/2S/97 I RMR Services, Inc. -- Water Meter ReadinQ' Services - 4Q96 ~ 138.50 I T043 01/2S/97I Rosedale Chevrolet GEO 7.69 Vehicles #105 and #45 - Parts 1'044 01!2S197 I ciiV of Ros~ville 110,066.35 Water Purchased 4Q96 . (87 Million Gallons) T045 01/2S/97 I Beth Schuster 22.00 Refund - Football T046 01l2S/97I Sheila Stowell ._m Reimbursement - Cassette Tanes I 16.47 1'047 0l/2S/97 : Timesaver Off Site Secretarial . Plannin" 01106 and Council, 01/13 400.75 1'048 0l/2S/97 I University of Minnesota 150.00 "Written Communication Skills" - Tostenson 1'049 o 1I2S/97 Sienhen Urion 22.00 Refund - Football I 1'050 01!2S197 Weather Watch, Inc. 128.00 Weather Service - Januarv and Februarv T051 o l/2S/97 Dianne Wolf 22.00 Refund - Football 1'052 o l/2S197 John Wrobel 22.00 Refund Hockev .tI . .~ ,~,.o~~J l Total Unpaid Claims - -- 160.869.1511 CUM" I I I _ ~ g g ~ .". g g g ',; t- g g g g g g I . ~ S._-.' ci .0 <'i ~ ci ci 0 .:* g ci ci ci ci ci ci .".. :W ~ ..,. <:'l. ~ ~ ~ ~ , a.. '= a il i - >.... ol oj '" I ." , ~ ; o E.~ ~ ~ ~ ~ "": t; ~ g <0< ;?:; ~ [; q i.=l ~~-~ ~ ~ ~ ~ ~ :~... 11""':'11 fl! ~11~ ~ "": ~ ~ .:- . t- <"1 ,.., ..,. V ...... 0:; ..,. ....I<~ 00 t- ..., 00 ..., N v t- ,..,.9. t-I -0 0 <"1 <oj" '';:: ~ ~~~;;;~ ~....:~ N~IJ ~OO""'M"" :og-=::;::j~ :o:g:;J;;C~ "'8.;; I ::ll '" -' -' -'[C 'N 'I N", '" "'I'~. '" '" -' . , S ,.... ;,;,,<l I l"": ' ...... .... N ::~ N N, 2 Q '" 0')"'" I ;~. 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N <"l ~; V) 10 ~ ~ c. 0 <:'I"" ~ Vl \0 ~ ~ c. 0 N <"l '<t V) \0 r-- f~:"C r-- r-- r--I r-- ~ ~ ~ ~ "" ~ "" ~ ~ "" "" ~ ~ ~ 0\ ~ C. ~ C. C. C. C. - .<::<.... '" <"l '" "" <"l <"l "'..., '" <"l <"l '" "" <"l "" "" '" '" "" '" <"l <"l '" "'..., <"l I (.) IYil!: v v v' v v v v v v v v v v I v v v v v v v v v v v I v v I' . I- CITY OF ARDEN HILLS MEMORANDUM 1 DATE: January 23, 1997 I TO: Mayor and City Council ~ I FROM: Brian Fritsinger, City Administra or~e SUBJECT: Revised North Metro 1-35 Corridor Coalition - Joint Powers I Agreement I Attached, the City Council will find a revised Joint Powers Agreement for the North Metro 1- 35W Corridor Coalition. The Board of Directors, at its December 18, 1996 meeting, discussed and made several changes to the Joint Powers Agreement. I Those changes are as follows: I I. ARTICLE VIII. POWERS AND DUTIES Delete old (b) language to wit: I- "pnl. ilk f3r tl,e pr(lsewtieh, Ikfense, er etht:r pllrtieip!ltien in preeessing !It la.. er in eqtlity in ..nieh it m!l) hlr..e an interest" (Reletter following paragraphs.) I 2. ARTICLE VIII. POWERS AND DUTIES I Delete old (d) language to wit: "ptltenase, l.eld51 disJlese (If real and persenal plepert) ;" (Reletter following paragraphs.) I 3. ARTICLE VIII. POWERS AND DUTIES I Add new (c) language to wit: "purchase and hold personal property and accounts;" (Reletter following paragraphs.) I 4. ARTICLE VIII. POWERS AND DUTIES I Add new (c) language to wit: Item new (e) insert the words "and non-governmental" immediately before the I word "units" (second line) (Reletter following paragraphs.) ~ I - ---- - ---- -----.. ------------------- . 'I Memorandum - Revised North Metro 1-35W Corridor Coalition Joint Powers Agreement _I Page Two January 23, 1997 I 5. ARTICLE IX. FINANCIAL MATTERS Delete and add new language to wit: I Section 3. Operational costs shall be shared according to a meth5a agreea tlfl5n by tlfiilftim5t1J .5te 5fthe D<J!l:la 5fDilcet<JIJ. ThiJ mctlwa may ineluae I fliCmberJmjl atleJ ilfta f~eJ, al1.a ehaIgeJ fur Jef\ ieCJ t5 mernbcI3, the following formula: Each members share of the annual budget will be based 50% on the I members population compared to the aggregate population of all members and 50% on the members assessed valuation compared to the aggregate I assessed valuation of members. 6. ARTICLE IX. WITHDRAWAL. I Delete and add new language to wit: I Section 2. The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges "incurred prior to withdrawal." fur _I which it i3 5bligffiea t11,aer thiJ agreemefit. 7. ARTICLE IX. DISSOLUTION. I Delete and add new language to wit: Section 3. (last sentence) (Add "the operational cost formula set forth in Article I IX, Section 3, herein." after the words "in direct proportion to......" (Delete "their etll'fitllati.e alhrllal mcmbcI3hip e5Iit:libtrti5l1.J") These changes are nonsubstantial in nature and staff does not have any significant concerns about I these issues. Recommendation I Staff would recommend the City Council approve the revised Joint Powers Agreement for the I North Metro 1-35W Corridor Coalition as attached, and authorize execution of the document by the City Administrator and Mayor. BF/sls I I ~ I I , .- JOINT POWERS AGREEMENT FOR THE . NORTH METRO 1-35W CORRIDOR COALITION . . The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, 1994, Section 471.59. . Witnesseth: I WHEREAS, the Cities of Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton, . Roseville and Shoreview (North Metro I-35W Corridor Coalition Cities) directly bordering or in . close proximity to the North Metro portion ofInterstate I-35W (I-35W); and .- WHEREAS, the North Metro I-35W Corridor Coalition Cities have commenced a collaborative effort to discuss, identifY and address macro economic development, housing, transportation, I contaminated lands, employee training needs, and other physical land use and community planning issues along the entire I -35W corridor; and I WHEREAS, the North Metro I-35W Corridor Coalition Cities intend to utilize this information to . guide and support development of essential transportation and infrastructure improvements along the 1-35 Corridor, as well as to assist in determining appropriate mass transit policies, and for . assisting to develop a coordinated/collaborative database and GIS system, compatible with the metropolitan GIS system; and I WHEREAS, the North Metro I-35W Corridor Coalition Cities desire to utilize this strategic I alliance to assist in marketing and guiding development along the I-35W Corridor; and . if I u :\1-35W\CORPORA T\./-pow E R2.DOC 1 , I WHEREAS, the success of this collaborative effort will be dependent upon having access to el adequate resources to comprehensively research and address the critical issues that impact North I Metro 1-35W Corridor Coalition Cities and the I-35W Corridor; and NOW THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, I the parties hereto agree as follows: I ARTICLE I. VISION STATEMENT I The general purpose of this agreement is to create an organization by which the North I Metro I-35W Corridor Coalition Cities which are parties to this Agreement and such other governmental entities as are admitted pursuant to Article IV, may jointly and cooperatively plan for I and ma"{imize the opportunities for regional community development, quality growth and diversification in the North Metro through a system of collaboration, pursuant to Minnesota I Statutes, 1994, Section 471.59. el ARTICLE II. ORGANIZATIONAL GOALS I The goals of the joint powers organization created by this Agreement are: I Section 1. Work cooperatively with transportation and other agencies in the planning for I transportation improvement, mass transit needs, and other infrastructure improvements along the 1- 35W Corridor to maintain and improve service and help stimulate business growth and labor I availability. Section 2. Develop a joint marketing program among the members to attract and retain I quality industrial and commercial tax base and employment. Research current business base in each commlUlity and availability of redevelopment opportunities and vacant land to identify a I strategic marketing plan for all communities. Develop a code of ethics between the commlUlities for use of attraction and retention tools. I ~ LJ:\I-J5W\CORPORA ru-PQ\VER2.DOC 2 I I Ie Section 3. Develop a strategy to ensure that there are adequate life-cycle housing opportunities in member cities for all residents and employees of the business base employers. I Proactively pursue the use and distribution of all available resources (e.g., Cornmunity I Development Block Grant, HOME funds, etc.) to ensure that housing needs are adequately meet. Section 4. Develop a coordinated/collaborative database and GIS system by incorporating I similar data to efficiently share information and develop consistent and cooperative land use policies. Acquire funding for the development of the database. I Section 5. Ensure that there is an effectively trained work force to meet the needs of the business base in member cities and ensure that the reverse cornmuting and employee mobility I concepts are incorporated into the North Metro to serve member cities. Section 6. Research and identifY contaminated sites; pursue funding sources for their I redevelopment and ensure the maximum usage to support quality development. I Section 7. Develop a collaborative and coordinated effort in other areas of regional municipal interest, including training, resource sharing and program development. Ie ARTICLE III. DEFINITIONS I Section I. For purposes of this agreement the terms defined in this Article have the I meanings given them. Section 2. "Agreement" means this agreement. I Section 3. "Board" means the Board of Directors created by Article V. Section 4. "Director" means a director or alternate director appointed under Article V of I this agreement. Section 5. "Governing body" means the City Councilor other governing body of a I member. Section 6. "Governmental unit" means a home rule city, a statutory city, a housing and I redevelopment authority, or an economic development authority. I Section 7. "Member" means a governmental unit which is a party to this agreement and is in compliance with and in good standing under this agreement. ~ I U :\I-J5W\CORPORA T\J.po\V ER2.DOC 3 I Section 8. The "North Metro 1-35W Corridor Coalition" means the organization I established by this agreement. el ARTICLE IV. MEMBERSHIP I Section 1. Any governmental unit bordering or in close proximity to the 1-35W Corridor, I north of and including Minneapolis, is eligible to be a member of the North Metro 1-35W Corridor Coalition. I Section 2. The initial members of the North Metro 1-35W Corridor Coalition are the cities of Arden Hills, Blaine, Circle Pines, Mounds View, New Brighton, Roseville, and Shoreview. I Section 3. A governmental unit other than initial members desiring to be a member of the North Metro 1-35W Corridor Coalition may apply to do so by delivering a resolution of its I governing body authorizing execution of this Agreement, and an executed copy of this Agreement, to the President or Secretary-Treasurer of the North Metro 1-35W Corridor Coalition. The board I may approve or disapprove the admission of a governmental unit. Approval must be by unanimous vote of the Board. The board may impose reasonable conditions on the admission of members and el establish procedures for the removal of a member for cause. I ARTICLE V. BOARD OF DIRECTORS I Section 1. The governing body of the North Metro 1-35W Corridor Coalition is its Board I of Directors. A member shall have two director positions. Unless otherwise specified by resolution of the governing body, the directors of a city member shall be the mayor and the chief I administrative officer of the city. Each director has one vote. A member may appoint one alternate director. The alternate director may attend meetings of the board and may vote in the absence of a I director. Section 2. Directors serve until their respective successors are appointed and qualified. I Section 3. A director may be removed from the board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the director I must be filed with the Secretary-Treasurer. -. U:I[-J5WICORPORA nJ-POWER2.DOC 4 I I Ie Section 4. A vacancy on the board is filled in the same manner that the appointment of a director is made. I Section 5. Directors may vote by proxy. . Section 6. A director may not vote if the board determines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the I board. I ARTICLE VI. MEETINGS I Section 1. The directors of the initial members must conduct an organizational meeting no later than 30 days after the effective date of this agreement. At the organizational meeting, or as I soon thereafter as is reasonably possible, the board must elect its officers, and adopt such by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate. I Section 2. The board must conduct an annual meeting at a date and place specified in its by-laws to elect officers and to undertake such other business as may properly come before it. The .e board may provide for a schedule of regular meetings. A regular meeting must be held in 1996 and I thereafter as provided by the by-laws of the organization. Section 3. A special meeting of the board may be called by the President or by the I Secretary-Treasurer upon written request of such number of directors as specified by the by-laws. Notice of a special meeting must be mailed to directors no fewer than five days prior to the special I meeting. Business at special meetings is limited to matters contained in the notice of the special meeting. I ARTICLE VII. OFFICERS: COMMITTEES I Section 1. The officers of the board are a President and Secretary-Treasurer elected for a I term of one year by the directors at the organization meeting and at the annual meeting. The board may designate directors to act as officers in the absence of any officer. I ~ I U :\1-35WICORPORA nJ-pow ER2.DOC 5 I Section 2. The President presides at meetings of the board. The Secretary-Treasurer is I responsible for records of proceedings of the board, the funds and financial records of the board, el and such other matters as may be delegated to the Secretary-Treasurer by the board. Section 3. The President and the Secretary-Treasurer must sign vouchers or orders I disbursing funds of the North Metro 1-35W Corridor Coalition. Disbursement will be made in the method prescribed by law for statutory cities. I Section 4. The board may in its by-laws provide for and define the duties of such other officers as it determines necessary from time to time. I Section 5. The board may in its by-laws provide for such committees as it determines necessary from time to time. A by-law providing for an executive committee and detining the I powers and duties of an executive committee may be adopted only by a favorable vote of all members of the board. I ARTICLE VIII. POWERS AND DUTIES I Section 1. The board may take such actions as it deems necessary and convenient to el accomplish the general purposes of this agreement. I Section 2. The board may: (a) enter into contracts to carry out its powers and duties; I (b) employ such persons as it deems necessary on a part-time, full-time or consultant basis; I (c) Purchase and hold personal property and accounts: (d) contract for space, commodities or personal services with a member or group of I members; (e) accept gifts, apply for and use grants or loans of money or other property from the I state, the United States of America, and from other governmental and non-governmental units and may enter into agreements in connection therewith and hold, use and dispose of such money or I property in accordance with the terms of the gift, grant, loan or agreement relating thereto. I ~ U:\1-35W\CORPORA 'N.POWER2.DOC 6 I I , (t) collect and analyze data, develop strategic recommendations and implement ,e marketing programs for the prnpose of economic development and retention of existing businesses within the jurisdiction of areas of operation of the parties. I (g) purchase liability insurance to insure against liability of the organization and its constituent members. I ARTICLE IX. FINANCIAL MATTERS I Section 1. The fiscal year of the North Metro I-35W Corridor Coalition is the calendar I year. Section 2. The Board shall adopt an initial budget for 1996 and 1997 as soon as is I reasonably possible and must thereafter adopt an annual budget for each year prior to July I of the preceding year. The board will give an opportunity to each member to comment or object to the I proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each member. The budget for any year is deemed approved by Ie each member unless, prior to October 10th of the preceding year a member gives written notice to I the Secretary-Treasurer that the member is withdrawing at the end of the year as provided in the Agreement. I Section 3. Operational costs shall be shared according to the following formula: Each members share of the annual budget will be based 50% on the members I population compared to the aggregate population of all members and 50% on the members assessed valuation compared to the aggregate assessed valuation of all I members. Section 4. Billings to North Metro I-35W Corridor Coalition members are due and payable , no later then 30 days after mailing. In the event of a dispute as to the amount of a billing a member must nevertheless make payment as billed to preserve membership status. The member may make I payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member director. I Failure to pay a billing within 120 days is grounds for termination of membership, but North Metro , I-35W Corridor Coalition's rights to the billing are not affected by termination of membership. I U :\1-35W\CORPORA T\.J-POWER2.DOC 7 I I el ARTICLE X. ADMINISTRATOR I Section l. The North Metro I-35W Corridor Coalition may appoint an administrator. The I administrator may be employed on a full-time, part-time or consulting basis. I . Section 2. The administrator, if appointed, has only those powers and duties delegated by the board. The administrator reports to and is responsible to the board. I ARTICLE XI. WITHDRAWAL I Section l. A member may withdraw from the North Metro I-35W Corridor Coalition no I later than October 10th in any year. The notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from el membership. The withdrawal is effective at the end of the calendar year in which notice is given. Section 2. The withdrawal of a member does not affect that member's obligation to pay I fees, charges or contractual charges incurred prior to withdrawal. I ARTICLE XII. DISSOLUTION I Section l. The North Metro 1-35 Corridor Coalition may be dissolved by a two-thirds vote I of its members in good standing. Dissolution is mandatory when the Secretary-Treasurer has received certified copies of resolutions adopted by the governing bodies of the required number of I members requesting dissolution of the North Metro I-35W Corridor Coalition. Section 2. In the event of a dissolution, the board must determine the measures necessary I to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. I ~ U:\I-J5W\CORPORA nJ-POWERZ.DOC 8 I - - Ie Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the North Metro 1-35W Corridor Coalition will be distributed among the then existing I members in direct proportion to their cumulative annual membership contributions. If those I obligations exceed the assets of the North Metro I-35W Corridor Coalition, the net deficit of the North Metro 1-35W Corridor Coalition will be charged to and paid by the then existing members in I direct proportion to the operational cost formula set forth in Article IX. Section 3, herein. I ARTICLE XIII. EFFECTIVE DATE: DURATION I Section I. This Agreement shall become effective upon filing with the City Clerk of the City of , a copy of resolutions authorizing its I execution, and an executed copy hereof, of all of the initial members listed in Article IV, Section 2. In the event fewer than all of said initial members approve and execute this Agreement, this I Agreement may become effective upon filing with said City Clerk, a copy of resolutions of all cities desiring to become members of the organization consenting to the creation of the North Ie Metro 135- W Corridor Coalition notwithstanding the failure to participate by specified members. I ARTICLE XIV, EV ALUA TION OUTCOMES I The North Metro 1-35W Corridor Coalition seeks the following outcomes and periodically will I measure success against stated goals to determine whether the North Metro 1-35W Corridor Coalition should continue as a Joint Powers effort: I Section 1. Transportation infrastructure improvements resulting in improved service, I business growth and labor availability. Section 2. Implementation of a joint marketing program that attracts and retains quality I industrial and commercial tax base and employment. Section 3. Identification of business base and redevelopment opportunities and I development of a strategic marketing plan for Corridor communities. if I U:\I-J5W\CORPORA Tl.1-POWER2.DOC 9 - - Section 4. Implementation of a code of ethics for participating communities for use of el attraction and retention tools. Section 5. Provision of life-cycle housing for all residents and employees of the business I base employers. I Section 6. Securance of a fair share of available metropolitan area public and private investment resources. I Section 7. Creation of a llseable business information data base and GIS system. Section 8. Completion of design of a comprehensive land use policy for the Corridor. I Section 9. Provision of an effectively trained work force to meet the needs of the Corridor business base. I Section 10. Promotion of reverse commuting and employee mobility plans that will benefit area employers and their employees. I Section II. Identification of contaminated sites, securance of funding to redevelop and ensure quality development. I Section 12. Adoption of operating policies and framework so that goals and objectives of organization can be achieved. el IN WITNESS WHEREOF, the undersigned govemmental unit has caused this agreement to be I executed by its duly authorized officers and delivered on its behalf I Governmental Unit: I By: And: I Its: Its: I Received and filed by the City of this I day of ,1996. I ~ 1I:\I-35WICORPORA Tl.l-POWER2.1l0C 10 I .- I ,e ANNUAL REPORT OF INVESTMENT PROGRAM AND INVESTMENT ACTIVITY FOR THE CITY OF ARDEN HILLS , 1996 The City's Investment Policy requires that a comprehensive annual report be provided by I the Treasurer that summarizes the following: Investment Strategies I The investment strategy is to approximate the yield on the benchmark two year Treasury Note while meeting the daily cash needs of the City and conforming to regulatory I requirements. The objectives of safety and liquidity are balanced through the process of diversification while maintaining a market rate of return throughout budgetary and economic cycles. I Specifically, the objectives for 1996 were to maintain a position where the investment instruments were diversified by type as suggested by the policy diversification goals as I well as by maturity. 1996 strategies were further impacted by the following conditions: Ie a) Budgeted 1997 $1,000,000 City Hall facility construction funding requirements and possible Gateway Business District land acquisition costs caused the portfolio to be invested more strongly in cash equivalents than the diversification goals I suggested in the Investment Policy; and b) In anticipation of significant City cost participation in near term county projects I (i.e., Highway 96 reconstruction), the City aggressively advance - encumbered Municipal State Aid Construction monies in 1996. $1,010,077 was received from this source in 1996 and is in the equity balance of Fund No. 409 - "Non - I Assessable Road Improvements". I Description of Portfolio (as of 12/31196 and 12/31/95) Recommended I Policv Goals Actual Portfolio Mix 12/3l!95 12/31/96 Cash or Equivalents 15% 27% 34% I Fixed Rate Instruments (FRI) 65% 50% 52% Zero Coupon Instruments 20% 230/0 14% I I .. I .- ., Portfolio Maturities I el Maturities should be varied, with not more than twenty percent (20%) of the portfolio invested out five years (maximum term). Maturities ($ in ODD's) I Annual Maturities Ag-gregate l\'1aturities Investment Bv CategorY Annual Entire Year Categorv Amount Pct Amount Pct Portfolio I 1997 Cash $3,239 100% FRI $ 940 19% Zero $ 243 18% $4,422 46% 46% I [998 FRI $1,100 22% Zero $ 289 21% $1,389 15% 61% I 1999 FRI $1,195 23% Zero $ 282 20% $1,477 15% 76% I 2000 FRI $ 895 18% Zero $ 271 20% $1,166 12% 88% I 2001 FRI $ 900 18% el Zero $ 297 21% $1 197 12% 100% $9.651 $9.651 I Risk Characteristics I The risk to principal due to credit quality is slight as almost a[J investments are either I insured by, or are an obligation of, the United States Government. Fixed rate investments, and zero coupon investments are a[J subject to market risk if required to liquidate on short notice. In the case of fixed rate instruments and zero instruments, this market risk is I mitigated by a philosophy to hold for the duration of a maturity. Accordingly, internal reports reflect original costs. I I I 2 .. I , 1-' 1 Maturitv Philosophy Ie The concept of "laddering" maturities is a commonly used techniqLle that. in this case, supports a performance objective that overall return will tend to more nearly approximate I two year Treasury Note short term interest rates, as investments are made at then current five year intermediate term rates with varying maturities. This also allows for a consistent stream of maturities and the opportunity for investing in smaller, more frequently available - amounts than if large amounts were invested in "lumps". This is a source of liquid funds that can either be reinvested or used currently if appropriate. 'I The reoort shall eXIJlaio the total iovestment return and compare the return and compare the return with budgetarv expectations. I The total return for 1996 was $471,557 on an average portfolio balance (including cash equivalents) 01'$7,966,503 which equates to an average yield 01'5.92% for the year. This I cOt1}pares favorably to 1996 interest income expectations in the range of 5.0% to 5.5%. The 1996 yield also compares favorably to the benchmark 1996 average rate for a two year US Treasury note of 5.76%. I 1996 interest income of $471 ,557 resulted in a $136,307 positive deviation (40.1 %) against budget. The primary reasons for this performance were higher than expected yields Ie and a larger than expected portfolio balance. I The report shall contain a discussion ofthe outlook for interest rates and the economic trend for thc upcoming vear investment strategies to be implemented and bud~etarv expectations for investment income. I Th~ general outlook for interest rales in 1997 is for them to increase. Most economists believe the economy was gaining momentum as 1997 began and gro\\1h may be strong I enoLlgh to generate inflationary concerns and raise long-term interest rates. However, with both unemployment and inflation remaining low, it is problematic if the Federal Reserve will begin a course of additional rate increases in 1997. By year-end 1997, we may be I seeing the vield curve increase slightly across all maturities. The estimated annualized rate '- ~ '- ~ of return for 1997 should be in the range of 5.5% to 6.0%. I 1997 interest was budgeted at $492,750 on an expected average portfolio balance of $3,960,000 with an expected yield 01'5.5%. I I , Ie ~ I ._~ I I Attached Schedules e. Attached are related schedules for your further review: I. Investment Portfolio Analysis as of 12/31/96. I 2. 1996 Annualized Investment Portfolio Return. 3. FRl and Zero Maturities by Year 1997-2001. - This report will be discussed with the Finance Committee at their January, 1997 meeting. I ~ herewith submit this annual report to the City Council pursuant to the annual reporting requirement of the Investment Policy. I ~y(~ Terrance R. 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I :: I I c:l:=i Bi Vj:::-I.2!.:.s '~!I - - ~ ~ ~, " cp ,s:"-I Ql tI"):-,_ --ail <; e "- C ~: I II ! ~:"-I"- i;t::~i Gi:N;~: ~ ::J'I ~:ol a I o -, ~ i: ..oj "- ,g:~ ; ~i o! e -i-, G:i 2'i ::!!I ~I : ~ >. ~ (1:1, I.. t:l E, Q,I E' E > 1.::1. - (,;. ..I.. <:.1 a:I a:I ..": .0: =i::J;-C: ::l d) .c 41' 41 < Gi'OI "'.It'li"tll C ,cJQi r- '12!.t;! ...u I~i >i.~. I~ 0>0,; .s >, u Cl .on:, I ~ ~:~':: I :ii,! ','. Eoi Eol il1 I 11-0' c.. '::l 1::l':J 111 tJ 0 111 t- fJ.o, .. , 'I G); tnl i,'~I,~! ,:LL..i~ <,::,-': -,:<:!/? ,0 Z:c >-<:a..:.t.:! 1 Z! I-.-':!~ ~ el I I'. I e- I ,----- ~: ~ I OJ: 0 ~~ 0 ~: ~ ...... ( 0> ' I "'0 I..... "'0 ro ro 0> --- I -1>- CD: 0' +-'>. CD: 0 I I C.Q i=! 0 I (j) I 0> -..~: ~ I 0 E ~ y) ---- . ffi 0;:;:;0 I IN 0> .-0 i I ......- , ~'\ >~O C C+-' OJ ~ - ro C ~ ._ OJ I C/) (f) ~ =0...... (j) I I..... ro UJ Ie 0>- ~ C N 0 0 ~ 0> 0 Z C') "'0"'0- OJ I 0 I ...... C I 00 co z <(ro ' C') OJ iJ) [ ~ OJ _ 0> ~ ~::l I O+-' ~ >.0 ~ _2 w I 0 : C') ~ ~ co OJ a. ~ iJ) I ~ OJ c:: ~ ~ CIl . .... I ~ I ooooo-~ooo~ ~ ooooooooo~ iJ) I OOCD'<t~OcoCD'<t~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ OJ I ~ Ie I I . ... i . MEMORANDUM To: Mr. Brian Fritsinger - Mr. Dwayne Stafford Ms. Cindy Walsh - From: Greg Stonehouse Subject: Resolution 97-06 (1997 Street Improvements) Date: January 23, 1997 - - This memorandum is forwarded in conjunction with the referenced Resolution 97-06 in an effort , to update City Staff and Council relative to the status of the 1997 Street Improvements project. As the plans and specifications have been completed by MSA Consulting Engineers and ~ reviewed by City Staff on Tuesday, January 21, 1997; it is recommended that the City Council - adopt Resolution 97-06, approving the plans and specifications and authorizing the - advertisement for bids. The following amplifying information is provided for Staff/Council review and consideration. I Project Status I . The plans were completed by MSA Consulting Engineers following the on-site visits on each respective street within the scope of the project. The following comments were obtained and I addressed accordingly in the preparation of the plans. Colleen Avenue/Colleen Circle/James Avenue I The on-site meeting was held on January 7, 1997 and one resident presented a concern regarding driveway drainage to Mr. Stafford and Tom Trowbridge, the MSA representative on site. That I issue was evaluated and will be remedied with the reconstruction of Colleen Circle. N. Hamline Avenue I Four residents were present at the January 8,1997 meeting. One resident indicated that she has spoken with all but one resident and the consensus was that no improvements were necessary. I The residents also voiced concerns related to the following issues: I) Traffic safety at the intersection of Hamline and County Road E is a concern. Based upon conversations on-site, it I appears that concerns are partially related to convenience as much as safety. Unfortunately, conversations with Mr. Dan Soler, Ramsey County Traffic Engineer, have indicated that the County and State have made efforts to remedy this situation. However, given the geometries and I the location of the bridge and intersections, the corrective actions available are severely limited. 2) Drainage off of County Road E, onto Hamline was a concern and has been addressed in the final plans. 3) The turn around construction at the north end of Hamline is a concern. We have I . prepared two alternates which will both allow a 38 foot wheel base to turn around within the I , ,- . ... Mr. Brian Fritsinger . Page 2 January 23, 1997 proposed right of way. We anticipate the coordination of the necessary right-of-way acquisition prior to the bid opening in late February. 4) The sewer odor is one of the greatest concerns. Based upon further research, it appears that the flows from Bethel College are not septic upon discharge to the city's system. It does appear that the odor may arise from turbulence caused by a two foot drop in the manhole at the point in which the Bethel discharge enters the Arden Hills - system. It is believed that reconstructing the manhole with a flush invert may solve the problem. - However, we also recommend installing a 10 foot vent stub out of the manhole to allow future connection to a carbon filter scrubber and a blower. We do not recommend installing the - scrubberlblower until it has been determined that the manhole reconstruction has not solved the .. problem. Yet, if the addition of this equipment appears necessary in late 1997 or 1998, we would anticipate an installation cost of$12,000 to $15,000 and an annual operating cost of$200 to - $300. If required, this installation would certainly remedy the odor problem. I N. Snelling Avenue - Five residents were present at the January 8 on site meeting. The bulk of the concerns were related to saving trees, which we have made every effort to accommodate in the final plans. Other concerns were parking and access during construction. '. . Other Issues . In conjunction with the seal coat project, we have proposed to perform maintenance on approximately 3,850 feet of the City's bike trails, as the City did last year. However, concerns . have been voiced regarding the pea gravel aggregate used on the trails. Mr. Stafford and I observed a "slurry seal" operation completed in Mounds View last summer and it is proposed that this operation be used on the bike trails. The cost is approximately 66% more than the . typical seal coating cost; however, it provides a longer lasting, more durable, and much more rideable (or roller blade friendly) surface for bike trials, I Mr. Stafford has also indicated an interest in using this method of seal coating on one of the streets in town. This would provide a test sample for the City's analysis in the future. It is . proposed that all "slurry seal" work be bid as an alternate to evaluate the actual costlbenefit of the operation. A determination of which operation to use for the maintenance improvements will be made upon receipt of bids. . I will be present at the January 27,1997 city council meeting to address any further questions or concern the City Councilor Staff may have. Please feel free to contact our office with any . questions you have prior to Monday's meeting. I . I l . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO. 97-06 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF - THE STREET IMPROVEMENTS OF 1997 - WHEREAS, pursuant to Council resolution, the Project Engineer has prepared plans and - specifications for the 1997 Street Improvements, which plans and specifications - have been reviewed by the City; - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, - Minnesota: I 1. Such plans and specifications, a copy of which is attached hereto and incorporated herein by this reference, are hereby approved. . . 2. The City Administrator shall prepare and obtain the publication of an advertisement for bids for the making of the improvement pursuant to the attached plans and specifications. . The advertisement shall be published once each week for three consecutive weeks, shall specify the work to be done, and shall state that the bids will be received by the City Administrator until 11:00 a.m. on February 19, 1997, at which time the bids will be I publicly opened in City Hall by the City Administrator and the Project Engineer, and will then be tabulated for consideration by the City Council at a meeting thereof at 7:30 o'clock p.m. on February 24, 1997, in the New Brighton City Council chambers at New Brighton . City Hall. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Administrator in the amount of 5 % of the amount of such bid. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS I THIS 27th DAY OF JANUARY, 1997. . Dennis Probst, Mayor . ATTEST: .- Brian Fritsinger, City Administrator . 520/080-2213.jan -- ....'c..'_-..., -.J.:l:::'O ~'"'-......u r. W...,' '..-!"'- - '~4__~,.......W . Construction Update Arden Hills CONSUJ,TI~G ~GJNEERS Resident Input Sought on 1997 Street Improvements As part of next year's street improvement each street during the specified times, and will program, staff from MSA Consulting be available to speak with interested Engineers and Arden homeowners. Please Hills will be on-site to look for the city vehicle evaluate design options Site Visit Schedule if you have issues to and gather further infor- discnss concerning - mation from residents Colleen Ave. Wednesday 1/8 3:30 pm improvements to your - concerning drainage, Colleen Circle Wednesday 1J8 3:30 pm . James Ave. Wednesday 1J8 4:00 pm street. driveway and landscaping issues on streets slated N Hamline Ave. Thursday 119 3:30 pm Your input is impor- I . for reconstruction in N Snelling Ave. Thursday 1/9 4:00 pm tanto In combination 1997. Residents of Co 1- with information gath- . leenAvenue, Colleen ered at the public meet- - Circle, James Avenue, North ing held December 9th, and the I Hamline Avenue, and North soil borings and preliminary Snelling Avenue who wish to topograhic surveys now being alert the engineers to specific performed, it will form the basis I concerns should check the boxed for the engineering plans being schedule for the date and time of prepared for next summer's con- I the site visit in their neighborhood. struction season. These plans are tentatively scheduled for presenta- Project representatives Dwayne tion to the City Council at their January 27 I Stafford and Greg Stonehouse will park a City meeting. Work on the street improvements of Arden Hills vehicle at a central location on should begin sometime next June. . I AA~ Post-It' Fax Note 7671 0... I ~ F,. I Co. Fax # Fax # I . TOTAL P.01 I --- I I CITY OF ARDEN HILLS ,. MEMORANDUM DATE: January 27, 1997 I TO: Mayor and City Council I FROM: Kevin Ringwald, Community Development Directo~ SUBJECT: Planning Cases 96-27 and 97-01 I The following is a brief review of the requests and the recommendations of the Planning I Commission. The minutes ofthe January 8,1997 Planning Commission meeting are also included in your packet. I Case 96-27. Arden Hills Texaco/Ouizno's. 1306 County Road E. SUP amendment & Variance 1. Request I The petitioner is requesting approval of an amendment to a Special Use Permit (SUP) and variance to locate a fast food operation within the Arden Hills Texaco at 1306 County Road E (Exhibit A). .. 2. Backg-round I The applicant wishes to locate a fast food use (Quizno's Oven Baked Sandwich Shop) in the Arden Hills Texaco. The SUP amendment would allow the applicant to construct a new doorway on the west elevation of the existing building with a four foot by eleven I foot sign above that doorway. The applicant would also provide patio seating adjacent to the west side of the building. Lastly, additional signage (four foot by seven foot) would be provided on County Road E, which would replace existing service station signage. I The variance would allow the establishment of a principal (multi-operation) fast food use (Quizno's) within 1,320 feet of another fast food use (McDonald's @ 1313 County Road E). I 3. Planning Commission Recommendation The Planning Commission recommends denial of the SUP amendment and variance I (Zoning Ordinance, Section VI, D, 1, b) in Planning Case 96-27, based on the following rationale and findings: I I. The request does not adequately delineate the unique circumstances necessary to approve a variance; I 2. The granting of the requested variance, without unique circumstances, would be f' contrary to the intent and purpose of this section (VI, D, I, b) of the Zoning Ordinance; I --------- ~ ---- --- --- I 3. The granting of the requested variance, without unique circumstances, would I .. effectively null the application of this section (VI, D, I, b) of the Zoning Ordinance; 4. The granting of the requested variance does not appear to be supported by I previous actions by the City Council. The Planning Commission also recommends that the landscaping previously required in I the last SUP (Planning Case 94-25) be installed no later than May 31, 1997. 4. Clarification I The Planning Commission recommendation, as Staff understands it, would allow the Quizno's to operate as an accessory use to the convenience store. The Quizno' s would be limited to the space (Exhibit A, page 5 of 8), signage (Exhibit A, page 7 of 8), and store I access (Exhibit A, page 5 of 8) which currently exists. 5. Updates I The applicant has provided a letter to the City stating that he will plant the additional landscape material along the west property line this spring as required by the approval in I Planning Case 94-25 and recommended by the Planning Commission in this case (Exhibit B). Case 97-01. John Gurtek. 4315 Colleen Court. Variance-front yard setback .. 1. Request The applicant requests approval of a front yard variance to facilitate the construction of a I single family home on a vacant lot in the McClung Fourth Addition (Exhibit C). 2. Background I The Staff in reviewing the minutes for the McClung Fourth Addition did find a direct reference to the buildability of Lot 4, Block I (4315 Colleen Court) in paragraph 8 of page 7 of the Planning Commission minutes of April 20, 1994. That paragraph states: I "Mr. Erickson asked what was the square footage ofland on lot 4. He further stated as long as the lots met the requirements, the Planning Commission would need to accept the I lots and deal with the issue when the house are built." 3. Planning Commission Recommendation I The Planning Commission recommends that Planning Case 97-01, Variance (front yard setback) be approved, allowing a 10 foot front yard setback variance for the garage without allowing for any direct encroachment into the drainage/utility easement. I 4. Undates The applicant has provided a revised site plan for the lot which conforms to the I recommendation of the Planning Commission (Exhibit D). .. I I J:AA I e,,.. A t~ I ,. I lA. Kruse, Inc I This letter is to request a variance and special use permit from the Arden Hills City I Council to allow us to open a Quizno's Oven Baked Sandwich Shop in the Arden Hills Amoco station. I We have purchased two franchise's from the Quizno's Corporation in Denver, Colorado. Quizno's is an oven baked submarine sandwich shop that also offers, soups, chili and salads. Weare very interested in opening our shop in the existing space in the I Amoco on the comer of County Rd E and Snelling Ave. We believe this would be a perfect location for both Quizno's and the residents of Arden Hills, because it would not cause an additional building site to be constructed for this purpose. It also has existing I parking spaces available on the premises. The space Mthin the Amoco is already set up for this type of food service. We believe this would be of benefit to the city of Arden Hills and also to the surrounding corporations. Ie Our request is to be able to run our business Mthin this existing business, and for an I outside door, windows and the Quizno's new sign on the west end of the building. Thank you for your time in considering our request. I Respectfully, I Doug & Judy Kruse lA. Kruse, Inc. I dba/Quizno's I I I t' I n n 1./8 .'_'_ ...__. ...- - G... \. 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Quizon's I I COUN1Y ROAD E I : I .~=~.~~~~~~;':I~~-_c;_.... ~- l-n~:~~J\--~ ... ..~----~ -- ---.---.- ji 7'rr' Ie- ..... 11 --{r~ ~ I ~~.._~_._____-'H Y! L r-~~:51"" I -T--- -=j SUPPORr ro I II i REHAI" I I i I , I /~. :--.--- ~ <) l .0 <) , 01 I -- -J ----l.!. I i I ... .Ei~'l--'-- i J, I ~-.- I I .!! EXISTING ~ I i G-STORE I ; I I I i it ~ ---- __n.. -un '-... --. /' i ~ I j: '" -- ---.'=-===== ,.. ,t ~ ~ ' . - - . ~ .-- _==,_ _~ ./ 1 tll --._- .'" ('Il I ./' I b I . --. ~ ~ 0 rr-----.. '. - ~~ I '" c:-EJ . ! ----- Nf;.\t../ I 7' -- %' 1~",roGD Wi~iJQ~ c I Q t::'~5TlNC'::( ~. ~C. -;;-'r':lH.oui1rl@@.'<.1 ~ u I- ~ '_~>?l"u . "'" ",,"eJ I n C~~~~~ ~~'~~~ (2...,. .'~' --'. I I I 15 ,,~ I ~"5t.l; ,. . t ,I I Lr' '-.9-c '- ., I I I lL,C1O!E>@,~ II I ~,~G.l'i' Q' I . ~'s I! I f'tf~H · 0 QUlzon I [ . I I I Ta~~s i I ' ~~ ..,. I I SUBS LOGO III I I CLASSIC I 1'- li.M.Qx;) 'I . I -- -"'95 I ONLY 28 I 'I I L.. , I -, I I T-O'"-._____J _ I I .....,. I ----- q- I I 'I _"",.(.,r..'~_ i I I """'._c;:........""'. L-J 1l'..-no<OI.,"P I NS-/ ~ - I I AD E COUNr RO .. . . I --....~~~-----~-.1'1 I _ ~~~-- -- n1.M' I . _ _ _ I '^"":":.'.. 'ccc:J.I' 7", N'~ I ...... ..... ..... - l i I~"F- ?' ILl E<sr 5IGN I ..-/ I ___ _"I 9.lPP. ORr TO [ ! I lo. I REt-'AIN -~ I I. .- 'I I i 8 : --- I ~ NS-3 !___ g /.~" ! ~ . \) : 0' I " I \) ;p i...l..; ;p . -In. : ' I i I , --------~~~.~~~~r- --1_____ L.-J .. ~'----- .. I .! PROPOS" ~ I I EXISTING ~~;';;':"eD rORAG" : C-STOR", eXPANSION I} I Ii; :;:: .!.._---- -- -- . -- - ..... '--- --- . ~ ~ I f!KJ.w6IT IS Y; TED BRAUSJN . I BRAUSEN ENTERPRISES, INC. CHERYL BRAUSEN .. 1310 W. COUNTY RD. E. . ARDEN HILLS, MN 55112 . 612-635-9577 ,(. .- ," '......... " /1 ......../....... I '/. Vfi "i/. ''''V, .",..., r,. WJ '''"'.^' Vir ..;> -',' c:r.. (9 I January 14 1997 """. ,~/ , - ~~- i~. . ...., " I Arden Hills Amoco 1306 West County Road E Arden Hills, Mn 55112 I City of Arden Hills 1450 West Highway 96 I Arden Hills, Mn 55112 I To Whom It May Concern, .. This letter is in regards to the planting of the shrubs along the service department. I would just like to take a moment to let you know that I am aware that the shrubs did not get planted during the fall and I will make sure it is taken care of first thing in the spring. I If you should have any further concerns regarding this matter, please feel free to contact me. I I Sincerely, /) I ~7~ Th~;; S, Brausen I I TSB/bam I f' I I rKHt6rr& '1<; -------- I " I I I \VfUnFN 8TATEMENT REGARDiNG THE VARIANCE FOR ~315 COLLEEN COURT I Due to the uuusual restrictions tJ\at have ~,pecifically a[[e,~ted this pmricuJar lot, a home de,ign tint would fit with t.he 51urount!illg homes is virtually imp0ssib!c. I J1.ca:;O[l5: I) '( he City 5',(oack requirements and the draimlf,e easement lnve allocated 1111 I IlflllS1WJly s!lortlluil<.lillg pad (36 feet) for ~l(Jl.'1~,~ typically bui.lt jll l"~ qd.~le- S:1C. .. 2) Tht' 'wilding pad wid!ll of '72'.6" in wnJuncUon with Rea$(lI1 1 tloes not leadi!}' allow for :J. 3':ar garage. This has been typical 011 almost every ether hume '-,uilt in the additjoIl. I Should H setback variance be granted, a 111mc "typical" constructed home, similar with lIw SUf!ouIH.ling h(Jll1~~ WOll!r.[ he fonhWll1ing, Gurtek ,Homes has :,cvcral pl;;ns [Will 2,400- I J,(jO(J s(l'mre frd tklt. \you"l be ill COl1fOlfTl,lnCe to the price anti ar<:hilectural appeal (1[ the c()mmunity. Olhfr "limited" dcs\f."-' to fit. thn existing huilrting r~d are more H'flcctlvc, of slllaller hOIl"" _ Plc:l',e note: (h~t although we are .limited (0 home s.ize tha.t Viis lot is I actll""Y lite I"got ;1\ this ~rca. this h<,,$ resultell in Ole ](Jl'S high~r v;\!ue <l1\,j would also llldicate a prke hefillirrg a consictE:rahly Jarg~r building pad 2nd ther crore, a more cx.pensive home tolo! I" j,e ratio. .., . I \ I I .ur~ 6-~ ...... I ~ I 450 West County Road 0 - New Brighlon, Minnesota 55112 - (612) 636-1891- Fax (612) 636-4405 -~---- -- -- ~,ZL~3~ - - - - . -- 10.4" FROM E.O. RUD & SONS TO WRTEI( F'.~2 1 CE~TII=ICATE Of: eU~vEY' I .. FOR: GURTEK CONSTRUCTION N 76"03'00' I 14J.94- W NO~Tt-! ~ S' I ..; I " -I- . " , I , I I - ~ 7S'tJ..J'OO' \..... ... ~ , -~ - t I 6S.00l.-- _ : ~ I "- I w \ "- z. , . I 0 0 \ " 0 --- -l... ,m ;.::; -> ~>() '-- tatJ ___""\ v-"" ..... ../... ""0.' J' !J1..., I ... . \_ tJ ('o. / ~Q "-~. t,iN "7::: "- t $0" 7*' OJ , I:z: of U 7.t,s- "?". ~ ~ ft/,. "''--<' I <:) '~ I I '-. .)0 ~ '-. r--- ..., .(,,, '0",. ol'~ '-- --.1 L.. >---J "'0 '<? S (91){ .^ ~ --J "'0 '-. I'S,. j------------ "- ~ 70 0 I "'0- " :.>~. , . - -X "> II- \ q,,,,,, i I <9 I '-. , " / I / -- - ",O~1 . ~ '\ "'i llt'O I ~'l- r I'> ? --, "'- - --- I ,- \ (J \ \ '<lID> DENorrs PROPOSEO ELEVAllON. I '1011.2 DENOTES EXlSTING ELEVATION. /' DENOTtS DIRECTION or DRAINAGE. .. OENOTtS WOOD flUB AT 11 fOOT OFl'SET. I Lot 4, 6100~ 1. Me CLUNG FOURTH ADD I TlON, Ramsey County. Minnesota. S,;ole 1"",.29.'. o Deno\e~ Iron Mon. Seorln Dotum: Assumed Job No. 96668HS Drw 8 JK8 Dis~]~ I W. Iloroby certify thot thl. r. 0 true "nd correct repr.~en\atlon of S. G. ~UO ~ &oN&, INO o S\.JrVoy of the boundaries of tn9 obovs d9~crib"d lend and of the L.Mlt;t eu!l:l....."i"OIO!& .. loootlon of 011 bulldingg, if any. thereon, and 011 visible encroachments, '3IH l.Jl)(1NGtON A....... N~. II any, Irom or on sold Jond. E. ~~~~C, CIJ;lCUl JOINI&. M1NNIleoiA -M . . By: _ _ "''''ml.l..~..nl TIlL 11Wo.lliIU. I I (.....1.;\'< Ilrmlt.,...~ I =. (...)r" OU r< y t=; 'y"'- JIs- I N 76'03' 00" 143.91 W I 0 "i- -, I -- - - _65.00 (1) co --- r-j - -----... I "- '- '- / 0 '- I ' ~ r '- w "'00 0/,) "- "",0' -S 09: '- Co "~ ' ~ '- ~...., ('-1 "-' 0 "",h ('00$' 1- '- ?? <.i '-:(-"J "'N I ' "- ~ . (~ "0'.0 . 0',? 0"0. 0 o I '- ~ ,,/;.. 0 ..'0;;:; I "- /';1 '?J~ '- '1' . "- ........ l/l fj r:v "k "'- I CI '" """"..y ,........ r '- r- " \ ,......;, -.::> ....-. ('>. \.....-- "v70 \ -_____- "- <: I "- 70 S7' \ '- ).5' "- :.> 0.,:,. \ '- ~ '.'0.. " , 0/1 "- 1 /'0/ -.... I " r 00 '-~- j' ,,-, I ~ "- I .~ i b, " ! /,j(y.. " ,/.J. , --. 00$' "1/ :2 -- 0'0 ~ '-. <'0 '-. <: <J '" C -'? '" s OZZ '" SO~':> I:i 6" .7 ('Iv C>o 1"6'$, . o .0" V(}-bL "S ~ --z.. /...-J 00(;. , 'li'l' Lot 4, Block 1, Me Clung Fourth Addition, Ramsey County, Minnesota o Denotes Iron Mon. Disk: 94005PP Job No. 94005PF Dwg.by BO We hereby cerlify that lhis is a true and correct represenlation of 5. Q, RUD .j OONS, INC a survey of the boundaries or the above described 'and and of the lAND SURvEYORS colion of 011 bulldln9."l, \( ony. thereon, ond 011 vIsible encroachmenl~, ~Ie<z> lEXINuTON AvE. NO. ny, fram or on said land. E. ~ &~. INC. CIRCL", PIN",e>, MINN",SOT A r'" ,!. By: ..d' &&<2>14-362& T",l. l86-&&&6 Doled this 3(J day of ../}cem c/ 1991 Minnesola Lie. No, ;>0'<78 I_u_____~- -- ,1-/ ._.._._._______________~._____________._.__.__._.___._ ___.__._.... u _..__ -- ---..---- ~.."" " <.' ....",'- ,;. "".'-"ilII"'''''_'i' 1IIi''''''\:_'''~'.' ~.""iIII'.th';" 'f?'i""</:IIliIl.e;;'n:"'., .,'.... ~...'lll.\":,~;_..>.;,'" "'-'. ,'1; rll/i., ,.;o;;;IiO!l.~, .'''''''''1-11 .,. ",'''''/~,''I1!I\llIIi'''_''''':-,''',,'' c' ,_"..j ";. "", , ",.' ',:., ': " ...'_.......... ,;'e-."J:.'. lB'.,' , ';," 1IlII.1III!'>..../IlII~i "C'$'" ""'~....... '. ..flIII' 'lIl'I'. III' ,. 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I CITY OF ARDEN HILLS {t MEMORANDUM DATE: January 24, 1997 I TO: Mayor and City Council I FROM: Brian Fritsinger, City AdministratOl~ SUBJECT: Quad Ice Arena Master and Supplemental Agreements I Request I The Minnesota Amateur Sports Commission has asked the City Council to consider the approval of the Master and Supplemental Agreements for the Quad Ice Arena project. I Background The City Council reviewed the Master and Supplemental Agreements at the January 13, 1997 Council meeting, At that meeting, the City Council asked for clarification of several issues in I regards to the agreements, I have enclosed copies of the most recent versions of the Master and Supplemental Agreements, Ie and addressed those questions raised at the January meeting. Other information about the project can be found in the January 10, 1997 staff memorandum previously provided to the City Council. I Remainin~ Issues 1. Who is issuing the bonds? I Though recent rumors indicated that MASC had been unable to reach an agreement with Anoka County, Anoka County officials have clarified that an agreement has been reached. The County Board will approve the agreement on January 29,1997. I The County has not yet determined when they will issue bonds. While there is some discussion regarding the issuance of bonds immediately because of interest rates, the I County prefers an August timetable. 2. What is the total cost of the project? (Page 2 - Master Agreement) I The City Council had requested clarification on the total project cost as it related to reference of bonding in an amount not to exceed $9,000,000. I The projected cost of the project is between $9.5 and $9.9 million. The source of funds will be $2.5 million in down payments and $7.4 million in bond proceeds. MASC, and I Ehlers and Associates, Inc., have both indicated it is customary to put an "up to" amount that is established in the contract agreements that is larger than the $7.4 million to f' accommodate changes in the cost of financing or insurance. I - w1lll( Memorandum - Quad Ice Arena Master and Supplemental Agreements I Page Two January 24, 1997 .. The proforma's that were initially prepared by Springsted Public Financial Advisors were based on debt service for a bond in the amount of $7.2 - $7.9 million. I 3. If the project goes into default. can the City buy out its portion of the debt? Under the Master Agreement, the City's share of the project is a saleable asset. At any I time, a city may sell its share to another party if there is a willing buyer. There is no automatic buyout provision in the agreement. Ehlers and Associates have I indicated that in the case of a default, it would be expected that the parties would meet to discuss how to payoff any outstanding bonds. In the case of a default, Anoka County would take ownership of the property, not MASC or the State of Minnesota. Under that I scenario, one of the options available to the participants would be the buyout of a city's portion of the debt and potential ownership of that portion. 4. What is the current status of the fourth rink? I The MASC is the owner of the fourth rink. The City of Roseville has not yet made a I decision on its commitment to the project. 5. How will MASC credit hours to each arena? The City Council asked for clarification on Section III, E, 2 on pages 7 and 8. As with .. other portions of this agreement, the Council needs to refer to other portions of the agreement to better understand the use and credit hours. If you refer to page 5, b(ii), the I second and third paragraphs, the agreement clarifies that MASC is responsible for not just 2,080 hours, but an additional 2,080 guaranteed hours, for a total of 4, 160 hours. The concerns related to hour usage held by the other parties of the agreement were not I specific to the rental of winter hours. These hours are, for the most part, addressed through the Supplemental Agreement with the Hockey Associations. The main concern was the rental of hours during the shoulder seasons, specifically fall and spring. These I are the hours which historically are difficult to sell. The language in the first paragraph of page 8 indicates that during the winter season, I hours secured beyond the MASC guarantee will be credited equally. During the fall and spring, hours sold will be credited equally to each arena. During the summer months of I June, July and August, MASC is responsible for the hours on all four rinks. 6. In the case of default what. if any. impact is there on Arden Hills' bond ratinl!s? I According to Ehlers and Associates, should the project default, there would be no bond rating affect on the City of Arden Hills, The bonds are issued by Anoka County, so any related problems would result in an impact only on Anoka County. I .. 1 r~ 1_ Memorandum - Quad Ice Arena Master and Supplemental Agreements Page Three January 24, 1997 I 7. Other I MASC has contracted with Don Poss to be the Project Manager for the project. Mr. Poss was involved in the construction of the Metrodome, Joe Robbie Stadium in Miami, and the original National Sports Center, All three projects were completed on time and I within budget. Requested Action I The Minnesota Amateur Sports Commission has requested Council consideration and approval of the Master and Supplemental Agreements. 1 Should the City approve the agreements, staff would recommend the approval be subject to the following conditions: I 1. Participation in the project by each member of SAMN (Shoreview, Arden Hills, Mounds View and New Brighton). 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. 3. Receipt of the $200,000 escrow payment from the Mounds View and Irondale . Hockey Associations upon execution of this agreement. 4. Payment of the $500,000 down payment by Ramsey County to MASC. I 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 and City Administrator. I 6. The Mayor and/or City Administrator will be authorized to execute all necessary documents. I BF/sls I I I I " I -.- . . Vol .;.-.) ~; ol..,;..1.0 r,ti I !j<>;)I:)~:;:I .\~i..- l€:J uu.:.,' U!-t I .- I NATIONAL SPORTS CENTER 1/17/97 .. ICE ARENA MASTER AGREEMENT THIS MASTER AGREEMENT shall be effective as of the fim day of]anuary 1997, and is I made and emeted imo by and between the State of Minnesoca acring rhrough the Minnesota Amateur Sports Commission (hereinafi:er referred to as "MASC"), rhe City of Mounds View, Minnesota a political subdivision of rhe State of Minnesota (hereinafter referred to as "Mounds View"), the City of Arden Hills, Minnesota, a political subdivision of rhe State of Minnesota I (hereinaErer referred to as "Arden Hills"), the City of New Brighcon, Minnesora, a politieal subdivision of the State of Minnesota (hereinafter referred co as "New Brighton"), rhe City of Shoreview, Minnesota, a political subdivision of the State of Minnesota (hereinafter referred '0 as I "Shoreview"), (Mounds View, Atden Hills, New Brighton and Shoreview referred to herein as "MANS"), Ramsey County, a pol ideal subdivision of the Slate of Minnesota (heteinafter ref cered '0 as "Ramsey") rhe City of Blaine, Minnesota, a political subdivision of the Scare of Minnesota (hereinafrer referred ro as "Blaine"), and the City of Coon R1pids, Minnesota, a politkal subdivision I of rhe Scate of Minnesota (hereinafrer referred to as "Coon Rapids") (each of the parties heteto other man MASC and R1msey County collectively n:fetred to herein as "me Subdivisions), I WITNESSETH: WHEREAS, MASC in partnership with the Subdivisions and Ramsey County, has aurhority I to design, construct, own and operate a four sheet ice arena and auxiliary facilities (hereinafter refeered to as the "Facility") (Q be located on rhe property owned by MASC consisting of the National Spons Cemet located a' 1700 105thAvenue NE, in the City of Blaine, Minnesota (hereinafter referred '0 as the "NSC") pursuant to au,hority granted ro it under Minnesota Statutes, I. Chapter 240A (hereinaher refeered co as rhe "MASC Act"): and WHEREAS, rhe Subdivisions and Ramsey County wish (Q emer inro an agreement with I MASC under Minnesom Statutes, Section 471.59 under which the Subdivisions will participate in the financing of rhe ownership and operadon of the Facility a!;tcc to pu<chase certain portions of me ice ,ime available in the Facility, and provide certain guarantees needed to ~ccomplish me financing I of rhe Facility, all pursuant to authority granted to rhem pursu~nr to Minnesota Statutes, Sections 471.59, and 471.191, Mjnnesot~ Smutes, Chapter 475 and various general ~nd special laws and charter provisions governing rhe operation of rhe Subdivisions, and I WHEREAS, the MANS Subdivisions and Ramsey County have entered into cerrain Supplemental Agreements tegarding the concriburion of capira! to the Facility attached hereco as Exhibi, A:, and I 'WHEREAS, each of me Subdivisions and Ramsey County have adoptcd resolutions approving participating the financing of the construcrion and operation of rhe Facility pursuant to I ,his Master Agreement in the fotm for each Subdivision and R1msey County as attached in Exhihit B; and WHEREAS, the facility is intended to be financed with capital contributions from me I parties hereco and with the proceeds of bonds to bc issued by the Anoka County Housing and Rcdcvelopmenr Aumority (hereinafter referred ro as rhe "HM"), further secured through me issuance of general obligation bonds of Anoka County (hereinafter referred to as "Anoka County"), I pursuant ro a resolurion or resolutions of the HRA and Anoka County and an agreement among rhe HRA, Anoka County and MASC governing the issuance of rhe bonds, rhe security for the bonds, and the responsibilities of the MASC (the HRA bonds hereinafrer referred co as the "Bonds"), thc it 1 I -- VJ.. ..;.) ,:;! I .l..;J,.1 r.1....}. 10:).;)01;;:;1 .":::>l". I.€.IUUJiUl-i " I agreemem among the MASC, rhe HRA or Anob County (hereinali:er referred to as the "Financing I Agreement"), and rhe r,,-,oImions of rhe HRA and Anob County and the Financing Agreement, rogether wirh any other documents entered into among the MASC, the HRA and Anob County in el connecrion wirh rhe issuance of the Bonds (hereina1i:er collectively referred to as the "Bond Documenrs"); and WHEREAS, as a condition of issuing the Bonds, the Bond Documems require a collateral I pledge of the Master Agreement to rhe Trustee for the Bonds. NOW THEREFORE. the parries hereto hereby agree as follows: I I, TERM This agreement shall be effecrive as of the date set forth above, and shall terminate on the earlier of the firsr day of]anuary, 2024, at rhe final matU!ity dare of the Bonds. This Master I Agreemen, shalJ remain in effect unci[ the final marurity date of the Bonds notwithsranding any redemption of rhe Bonds in .dvance of the maturity date thereof. The Subdivisions .od Ramsey County shall have the continued right to participate as per section XI. I II. FINANCING It is concemplated rhat rhe total COSt of rhe design. construcrion and securing financing for the Facility. including any initial deposits fa, capiralized interest and reserves required under the I Bond Documents (hereinafter referred to as the "Total Development COstS") will be approximately . $9,500,000.00 (nine million five hundred thousand dollars) and is .gteed rh.r these cOstS will be paid from a combin.rion of (i) the Bonds, (ii) non-cash comributions by MASC, (ili) cash I contributions from rhe Subdivision, and Ramsey County, and (iv) grants to be made by MASC to municipalities from bond proceeds of rhe State of Minnesora which have been appropriared to MASC for this purpose (hereinafrer referred to :IS "Mighty Ducks Gtams"). The Total el Development Com will be made available for rhe Facility by rhe parties as follows: DOWN PAYMENT, MANS. MASC, Blaine and Coon Rapids will deposit with MASC in escrow a down payment in rhe amount of $500.000 (five hundted thousand dollars) in cash as I described in PART IV bclow. Ramsey County will make the $500,000 paymem on behalf of MANS. It is agreed that, in addition ro a ca.sh down payment, MASC agrees ro make available the I land on which rhe Facility will be locared and access thereto, as well as the relared facilides and equipmem described in Exhibit C. I MIGlfIY DUCKS GRANTS, Ir is anticipared thar Mighty Ducks Granrs will be made to municipalities for the purpose of the Facility in rhe amoum of least $500,000 (five hundred rhousand dollars), and "lat rhe Mighty Ducks Grants will be directly comributed by rhe recipient to I MASC or orhetwi.. assigned under this Master Agreement or the Bond Documents in order to make rhe proceeds of rhe grants available for rhe Facility, Any such grants.s may be awarded will be in .ddirion to rhe down paymenr requirements referred to above. I BONDS, MASC agrees to use its bcsr efforcs to obrain net fimncing available for conHruccion and permanenr financing from the proceeds ofrhe Bonds to be issued from rhe HRA under the Bond Documents in rhe amount of not to exceed $9,000,000 (nine million dollars). I E..h party will cooperate with Anok. County or its dcsignC(: and will perform such covenants and obligations as it undertak"" ro Anob County. A. more fully set forch below, all rights I gramed under this Masrer Agreement will be assigned to rhe bond crustee under rhe Bond 2 -. I u~.~~. ~i ~~.~: r:i..!L 10a.)'O;;l:;1 :""L -eJ UU-t." U..I.-t I ~__ __u I. Documents (hereinmer, rhe "Truseee"). The bond Documents will require chae rhe annual operaeing budgets for the Faciliey muse include amoums necessaey eo pay all operaeing costs and annual debr service on rhe bonds, As described under PART III E, below, MASC and the I Subdivisions herero will be obligared eo make cerrain ftxed reneal payments for a specifted amounr of ice eime in amounts which will cumulatively provide for the payment of all operating and debe service COSts of the Faciliey, I Ie for any reason, (including rcfusal of a parey to make covenants deemed essential by Anoka Couney) bond financing is not secured, rhis agreemenr shall be void ""d all of rhe cash down I payments shall be refunded to rhe parries exeepr for rhe $5,000 from each of MANS, Blaine and Coon Rapids, reeeip' of which by MASC is hereby acknowledged as an amount separate from and in addirion co rhe down paymem required under ehis paragraph II. I III. FACIUTY OPERATION A. OWNERSHIP Ie is agreed rhar ride to all real properey upon which rhe Faciliey is to be located or I orherwise necessary for rhe operaeion or access '0 rhe Faciliey ae rhe NSC will continue be held by MASC. Tide ro buildings, fixtures and equipmenr relaring ro rhe Faciliey l1nder rhis Master Agreemem shall be held as required under rhe Bond Documents until such time as I none of rhe Bonds remain outstanding under the Bond Documents, Upon rhe termination of this Master Agreemel\r, ,he Faciliey shall remain under rhe ownership of MASC. B, LIABILITY I For purposes of this Master Agreemem, MASC shall be rhe operator of ,he Faciliey and shall be responsible for all operarional decision; which may give rise ro rorr liabiliey by reason of the operation of the facility. The parties to dlis Masrer Agreement shall be liable I. only for obligations underraken by rhem pursuanr to rhis Master Agreement or oeherwise provided by contrace. MASC may ae its sole option and discretion elece to either purchase such insurance as it may choose, or e1eer to proceed under Minnesoea Scare Torr liability I Act. C. STAFFING MASC will hire, supervise and eoordinare all permanent and temporary scaff 1 necessary and convenient to opeute rhe facility. For purposes of deeermining operaring expenses, MASC may make such reasonable allocarions of the ovetall expense operation of the National SpOttS Center expense co ehe faciliey as fairly represent the COSt of all scaff I facilities and equipment employed on behalf of Or beneficial co rhe faciliey. MASC may in ies sole discretion delegate ehe operations of ehe facility co the National Spons Cemer Foundation. The disbursemene of funds under ,his Master Agreement and any eonrraces 1 encered inco co carry out rhe Master Agreement shall be the responsibiliey of MASC and such powers shall be exercised pUrSllaM to rhe laws which apply co MASC. MASC agrees rhat ir will not scaff and/or operaee any ocher ice complex (except I Columbia) without rhe consene of ehe Joint Board established pursuant to parr D below (hereinafeer referred co as ,he "Joint Board"). I D, POllCY There shall be established pursuant co Minnesota Searuees. Section 471.59, Subdivision 2, a Joint Board consisting of cwo members appoimed by each of Blaine, and I Coon Rapids, and one member selected joindy by rhe municipalities included in MANS, one member from Ramsey County and four from MASC. Any pany di=cly obligating itself for Guaranteed Hours, as defined below, under this Master Agreement and who becomes a ,. 3 I U.i.'~.). ~ I - ----- .- - - ..l....-.:.~.?__ \~l.. lO;).)IHI);j .'.-,L I.fiJ UlJ.)1 Ul.4 I parry to this Master Agreement shall be emitled to teplace one of the membets of tne Joint .- Board wirh its own representative fat each one thousand forty (1,040) Guaranreed Hours assumed from a parry to this Master Agreement assigning rhe Guaranteed Hours, The Joint Bo<>rd shall exercise such powers as are set fortn in this agreement or required under rhe - Bond Documents, including: 1. Adopting byl.ws governing its process and procedures, I 2. Esrablishing procedures for rhe fair and equitable exercise of rights rdaring to this agreement. - 3. Approval of an annual operating budger consisrem with this Masrer Agreement and the Bond Documents. 4. Esrablishing fair and equitable Use and programming policies and procedures I nOt covered by and nor ineonsisrent with this Master Agreement and the Bond Documents. - 5. Determining financial rescrves not inconsiStent with this Master Agreemenc and rhe Bond Documents putsuanc to section III-G of chis Mascer Agreemenr. The J aim Board shall provide such information to Anoh Counry ar Slien times as may be - required in the Bond Documcms, E. USE I 1. (a) Rights - Blaine, Coon Rapids, MANS and MASC shall have a priority right to schedule "high season" hours as hereinafter defined for one of the four ice surfaces. The High Season is defined as 1,320 hours in the .1 Winter Season (Oer. 15 to Mar, 15) Each parry shall also have rights and obligations to 326 hours in rhe Fall Season (Sopc. 1 to Oct. 15) and 434 hours in the Spring Season (Ma<ch 15 ro May 30), Such rights may be exercised by the above parties on such rerms, conditions and lcngth of notice I as determined by the Joint Board. In addition to its rights with respeer to one of the fout ice sheetS as I described in the above paragraph, MASC shall have a priority right to schedule all four ice surfaces for the monchs of June, July and August. MASC also has priority for all four ice surfaces for rhe All-American Girls' & - Women's Ice Hockey Tournament (four days total in October andl or November each year) to the cecent of 140 hours and a Christmas Tournament to be held between Christmas Day and New Y=s Day each year for up to 352 hours of ice ume. In addicion, each of MASC Blaine, I Coon Rapids, and MANS shall be encided to scheduling priority for all four ice surfaces for the purpose of holding a tournament requiring all four surfaces for one weekend during "High Season" (defined as 1,320 hours I between October 15 to March 15 Winter scason) on such terms and conditions as rhe Joint Board deems appropriate. All use of rhe ice sheers pursuanr to ,his paragraph shall be paid fur the parry using rhe ice shcecs ar the regular hourly rare, and all hour, paid for pursuant to this paragraph shall I be eredircd to each respecrive party against their obligations under paragraph (b) below. - 4 .. I V-L'..;"." -L-:I:.-L~ r.i....... j 0,).)0;:1,:1 .~ ::H.. 'f:j UUO' U.L-i I Ie b. Obligations (i) MASC and the Subdivisions are obligated to pay rental income for the Faciliry annually in an amount equal to the numbet of I hours Set fotth below (heteinaner the "Guaranteed Hours") times the regular hourly rate (hereinafter referred [Q as "Guaranteed Rene,,] Income"). Blaine, Coon Rapids, MANS and MASC shall have the I rigbt [Q sell dasher board signage in the ice sheet as<igned [Q them as per the policy of the J oim Boatd [Q sponsors and advertisers from its related community, and all proceeds actually raised by such party =y I be used as a credit againsr that parry's Guaranteed Rental Income. MASC has the rights [Q sell dasher board signage [0 regional sponsors as parr of overall taciliry sponsotship for the benefit of the facility. I No parry may sell signage in conflict with overall faciliry sponsorship. (ij) Blaine, Coon Rapids MASC and MANS each shall be obligated to pay Guaranteed Remal Income pursuam to this I pangraph (b) in amount equal [Q twO thousand eighty (2,080) Guaranteed Houts annually (the MASC guaranteed Hou" under this paragraph hereinaf,er referred to as rhe "MASC Sheet Hours"). I In addirion [Q the above paragraph, MASC shall be obligated [Q pay Guaranteed Rental Income at the Guarnnreed Hourly Rate for I an additional twO thousand eighty (2,080) Guarameed Hours (the MASC G uarameed Hours under this paragtaph hereinafter referred to as "MASCAdditional Hours"), Ie If the MANS Subdivisions fail [Q mee< the Guaranteed Rental Income pursuant to this paragraph (b), the formula for the allocacion of the guarantee is pursuant [Q an agreement of the MANS parries. I Any additional payments that are necessary to meet the Guaranteed Rental Income will initially be allocated [Q each MANS Subdivision in the following manner: I Mounds View 15% Arden Hills 15.5% New Brighton 25.5% I Shoreview 46% At least 30 days before the beginning of each fIscal year I MANS shall notify MASC of any changes in the above allotmem formula, If MASC does not re"ive notice in any subsequent year, the previous allocations shall apply. I (ijiJ Parties [Q rhis Master Agreement may be released from their obligations under this paragnph (b) for Guaranteed Hours under rhe following conditions: I The MANS Subdivisions may assign their Guaranteed Hours to other MANS Subdivisions upon the filing of a certificate with the Joint Board, MASC and Anoka Counry executed by both I Subdivisions, and .ccompanied by a resolution of rhe Subdivi.ion to which rhe Guaranteed Hours have been transferred authori.ing the ~ 5 I VJ..''';;';';;II ,L-i.,L;;I r.~ iO-;}-;j-Q;;I-'iJ--- .~:,\.. ~UV,' UJ..-t I Subdivision (Q assume the obligation for rhe Guaranteed Hours, . togerher with an opinion of ,ounse! (Q the Subdivision as the validity of che action of the Subdivision assuming che obligation for [he e. Guaranteed HO\l[s. with both the [esolution and opinion reqwred to be in [he form acceptabl, to MASC and Anoka Counry. MASC may assign irs Sheet Houts and irs Additional Hours I [0 any political subdivision authorized by law to a,,\lme the obligations for Guaranteed Hours undet [his Master Agreement, including rhe obligation to levy fot Operating Expenses, jf necessary under G(l)(a), \lpon thdiling of a ocl'tifi"'te with the Joinr Board I and Anoka Counry executed by the MASC and [he subdivision assuming the MASC obligation, and accompanied by a resolution of the S\lbdivision to whi,h [he G\laranreed HO\lrs have been transferted I mchorizjng the subdivision [0 (i) enter into rhis Master Agreement (if the s\lbdivision is not alteady a parry to this Master Agreemenr) and (ii) assume the obligation for Guaranreed Hours, cogethet with an . opinion of ,ounsel co che subdivision as the validiry of the action by che subdivision ass\lming che obligation for the Guaranteed Hours, with both the resolution and opinion requited co be in a form acceptable (Q Anoka Counry, I Blaine, Coon Rapids, and any political subdivision nor a parry (Q [his Masrer Agteemenr on me effective dare heteof who . subsequencly becomes a patry to chis Master Agreement, may assign its Guaranteed Hours [0 any political subdivision authorized by law to assume [he obligations for Guaranreed Hours \lnder this Mastet Agreement, including [he obligation to levy for Operating Expenses, el if necessary under G(l)(a), upon (i) me approval of the assignment by the Joinr Board and Anoka Counry, which approval is to be based upon me financial capaciry of me assignor, which approval may not I be unreasonably withheld, (ii) the filing of a certifi,ate with the Joint Board, MASC and Anoka Counry executed by the parry assigning the Guaranreed Hours and the subdivision assuming the obligation, for I [he Guaranteed Hours, and a"ompanied by a tesol\ltion of the subdivision to which the Guannteed Hours have been transferred authorizing che subdivision ro (i) emer imo [his Master Agreement (if the subdivision is not already a parry to this Master Agreement) and . (ii) as'\lme the obligation for the Guaranteed Hours, together with an opinion of counsel ro the subdivision as the validity of the action by the mbdivision assuming the obligation for the Guaranteed Hours, I with both the resolution and opinion required to be in a form acceptable to MACS and Anoka Counry. c. Budget - . MASC shall submit a proposed annual budget (hereinafter referred to as the "Annual Budger") [0 rhe Board at leas( 120 days before rhe beginning of a new ",lcndaryear (hereinafter referred ro as rhe "Fiscal Year"), Su,h . Annual Budger shall include an hourly rare (the "Guaranteed Hourly Rate") to be ,harged for ice sheer ren[a1 ar a level su,h that proje<:ted Guarantcxd Rental Income, if received, will be adequate to pay all Operating Expenses, as I defined below, and Bond Expenses for the following Fiscal Y=. In addition, 6 .. I -----:-~J. ~ J,....;,;;;,u .(.1.... j 0;),)0:;:1::1 .\;;:)\." Ii0 UUO / U..l.... I - - ~J the Annual Budget shall establish rental charges for its time above and I. beyond the 10,400 Guaranteed Rental Hours (the "Off Peak Rental Rates") which shall be sufficient to produce income from such off peok rental usage at least eq ual ro the additional operating expenses, if any, amibmable ro such off peak usage. For purposes of rhis Master Agreement, "Operaring I Expenses" shall be defined as all com of operating and maintaining rhe Facility, including the fixtures and equipment required therefore, and all deposits required to operating roserves, bm shall not include rhe COstS of promotion and coordination of special events in rhe Facility sponsored or I organized by Ot on bchalf ofMASC. If the Joint Bo~rd determines rhat the Operaring Expenses are not reasonably necessary ro opetate rhe facility as intended, rhe Joint Board may object ro rhe proposed budger J( leasr 60 days I prior to rhe beginning of a new Fiscal Year. If the Joint Board does nOt take acrion to object ro the proposed Operating Expenses within 60 days prior ro the new Fiscal Year, rhe Operating Expenses and the Annual Budgct shall be deemed to approved by the Joint Board, and rhe Guaranteed Hourly Rate for I the Fiscol Year shall be deemed to be approved. In the event that MASC and ,he Board arc unable to agree after all parties have made their best efforts, the question of reasonableness of the budget ,hall be submitted to binding I arbirration with the Office of Alternative Dispute Resolution in the State Bureau of Mediation Services. The proposed Annual Budget, and the Guaranteed Hourly Rate included therein, shall be in effecr as the firsr day of I the fiscal Year in the event that any arbitrarion hereunder is nor completed as ofrhe beginning of ,he Fi,ea! Year. MASC members on rheJoint Board shall be permitted ro vote on the Annual Budget as board members. I. d. Enforcement of Obligations MASC i, hereby delegared as the sole party to rhis agreement charged with me duty of enforcing the rental and Guaranteed Hours obligotions of I rhe other four parries. In its discharge of this duty, MASC in its discretion may employ any dispute resolution, mechanisms :l.lld techniques including negoriations, I mediacion, arbirradon and litigarion. 2. Procedure I Each ye:u, prior [0 each renral season (a' defined by lhe Joint Board) each party shall notify MASC on such terms and conditions as are deemed appropriate by me Joint Board of the number of hours of the parry's Guaranteed Hours for which I the party has obtained eirher a commirmenr from a rhird parry to renl me applicable ice shee< or fm which the parry has determined to use the applicable ice sheer for its own use (herein referred to as "Secured Rental Income) ir has obtained for mar season. I MASC will rhen credit such hours as a preJiminary reservation rowards the party's obligotion under III.E.(I) above. At rhe same rime, each such party may I release in writing Guaranteed Hou,', for markering by MASC. In such =>c, preliminary credit towards rhe obligarion under III.E.(l) above will be provided in the same proportion as the hours relcastd by thar party bears to rhe [Oral hour, I released by all partie., Credil against Guaranteed Hours shall accrue only when released hours are actually rented and me applicable renral income is received by MASC. In addition, all hours ..cured by MASC above its MASC Sheer Hours and ~ 7 I -- VI',;..J".;:I/ J..-t.,;.U r.-L1.-j O<);)Q::;l;;f :....;,L If&l UUl;l. UJ...J: I MASC Additional Ho"rs shall be credited eqllally to the other parties to this - agreement. When MASC sells Fall and Spring ho"rs, all four sheets are ctediced .~- eq"ally. In the event that MASC is able ro rent ke cime for MASC programs in excess I of the capaeiey of the Facilities, MASC shaH provide for a preference in rentals to ice rinks owned and operared by Subdivisions and Ramsey County who are a patty ro I rhis Master Agreement. 3. Majot contracts fOt ice purchases will be submitted to the Joim Board for approval. I 4. MASC wiH provide each pany an estimate of the reconciliation between G uaranred Remal Income and income actually received and projected to be I received by year end by December I, or each year. In rhe event chat any party fails to payor otherwise provide for the paymem of G"aranteed Rental Income as obligared above, such party will pay the difference between income secured and income I obligated within 30 days afrer the year end reconciliation of aCCO"nts showing the deficit is presented to each parry. F, SCHEDULING A1~D PROGRAMMING I Scheduling and programming policies shall be determined by the Joint Board, except that schedl1ling may not be inconsistenc with rhis Master Ageeemenr. Each parry has sole discretion in scheduling and programming ie's prioriry hours rhat are not inconsisrenr wirh I this Master Agreemenr, G FINANCING OPERATIONS Appropriate books and records represenring the operating revenues and expenses and .. capital assets and liabilities relaring to rhe facility shall be maintained by MASC. The following reserve accOl1nts shall be maintained. I. Application of Revenues I The following provisions shall apply ro revenue generared in connection with the operation of the Facility: I (a) The general principle of payment in full before l1SO ,hall apply to this facility and addicional advance payment reql1irements will be determined by the Joinr Board. For exrended rentals, such prior payment shall be for ,uch I period ofcime as is derermined pursuant to policies recommended by the MASC and approved by rhcJoint Board. Any party to this Masrer Agreemenr may rerain any amounts by which the hourly rcmal rate charged I by the parry for use of ice rime in rhe Facility exceeds the Guaranteed Hourly Rate. Norwirhsranding the provision of this paragraph, it is the intent of [he parries that the obligations referred to in paragraph III.E(b) be enforced afrer I the end of each f.se.al year and rhat the prepaymen[S referred to in this paragraph refer only to actual wer fees. (b) Admission income from events sponsored by rhe parties ,hall accrue I to the respective parry. I 8 .. I vJ...:....~.; _~_!.....__..:_"!--.~.L_,_ c."'!.....\.. t \},),)Oi1::;j .~ .)..... ~uJ..u' Vl.-i - ---. - I (c) MASC shall main al1 of rhe revenues genemed by the Facilio/ not .e specifically allocared pursuam to rhis Masrer Agreement, including by nor limired to concession, admissions income, and rental of sp""" for ill purposes other than ice time, including tesraurant or food service oper:ltions. MASC shall dedic3.te all rcvenues attributable ro the Facilio/ to activitics fat the I benefir of rhe Facilio/, including the developmenr :1lld sponsorship of the Facility or speci..l events, payment of operating or debr service shorr falls, improvements to Or expansion of the Facilio/, and rhe early payment of the Bonds, all as determined by MASC. In rhe event rhat MASC advances such I revenues to pay Operating Cases or Bond E"penses (""cep' ro rhe e"rent necessary to meet MASC's obligations wirh respect to Guaranreed Rental Income), MASC shall be entided ro reimbursemem from Guaranteed Rental I Income. (d) The Bond Documents will include a schedule of the debr service on rhe Bonds for each fiscal Y"ar under this Masrer Agreement. In the Annual I Budger adopted for each Fiscal Y= pursuan, ro paragraph I1I(c), the Join' Board will idenrify the amount of bond debr service, bond expenses, and deposi" ro reserves required under the Bond Documenrs (hereofrer referred I to as rhe "Bond Expenses"). All ice sheer revenues paid or attributable ro Guaranteed Rental Income shall first be applied eo Bond Expenses and then '0 Opera,ing Expenses. Each paro/ ro ,his Ma.>rer Agreemem (mher than I MASC) agrees to levy a dire" general ad valorem property rax on all property wirhin the Subdivision a.> needed ro pay the Subdivision's share (.. fraction equal ro the Guaranteed Hours of the Subdivision, divided by 10.400 is hereinaii:er referred ro as the" Subdivision's ShOIe") of the budgered Ie Operating Expenses '0 the extent Guaranreed Rental Income acrually paid by or on behalf of the Subdivision is less than rhe Subdivision's Share of such Operaring Expenses and Bond Expenses. I (e) All Guaranteed Rental Income and Off-Peak Rental Income and any proceeds of business interruption insurance (:1lld to the e"ten, of any shortfalls, any other revenues advanced by MASC pursuant to paragraph (c) I shall be applied in [he following order of priority: (1) monrhly payment ro rhe Trusccc \Ulder rhe Bond Documents of 1/6 of the n.:xc interest paymenr and 1/12 fat the next principal paymene for debt service on the bonds; (2) I monthly paymen' co the Trustee under the Bond Documents for resroracion of the debt service reserve fund for the Bondi, if necessary; (3) monrhly payment of$5,000 to the Truscce \Ulder the Bond Documents for deposit to I the "'pita! improvemenr reserve held by che Trus,ee uncil the amount on deposic 1s reaches and is maintained aC $250,000; (4) the payment of Opecating Com of ,he Facilio/; (5) rhe accumulation of an operating com reserve co be held by MASC in the amount of $500,000 (five hundred I thousand dollars); (6) deposic co the redemption fund under the Bond Documents on March 1 of each year of any amounts noc applied in accordance with subparagraphs (1) through (S) as of the end of previous I Fiscal Yeu fat accumulation in a bond redemption fund. Funds in the bond redemption fund may be used to cure deficiencies in subparagraph (2) to the extenr other reserve funds are insufficienr, or be applied co the early I redemption of Bonds, as directed by MASC with the concurrence of Anoka County. ~ 9 I ---..-------- ---- U..L' "'''' 1;1 i T't-:-rr r."1..l.. I O')VU~;;:J .~ .)\... -. ~--vi.-r ul:{- - (I) Cammencing an rhe dare rhat na Bands remain autsranding under 1 rhe Band Dacuments, all Guaranteed Rental Income, anyamaunts remaining under the Band Dacuments afrer the Bands are na langer e, autstanding, and any praceeds afbusiness interruprian insurance (and [0 """em of any sharrf:tlls, any orner revenues advanced by MASC pursuant ra paragraph (b) shall be applied in the fallawing arder af priarity: (1) the paymenr af Operaring Com af rhe Facility; I (2) In the event thar revenueS under this paragraph exceed CaSts such mar rhe Facility has "prafit fram renral incame" such profit will I be assigned ta an aperaring reserve umil sum reserve has rcached an amaunr equal [0 ane year aperaring expense, (3) after the aperating reserve reaches me maximum amaun t . required under paragraph (2) abave, addirianal "prafits" shall be assigned to a c:apital improvement and repair reserve in su,h amount as ir derermined by rhe Jaint Baard (bur nar less man $250,000); and . (4) any "prafits" in excess af the amaunts necessary ra mainrain rhe abave reserves, shall be allacared by me Joint Board pra rara ta . each party based upan meir G=anreed Hours. H. OPERATING EXPENSES MASC will be respansible far rhe operarion af rhe facility and na arher party shall be . required ro eon"ibure any amounts nar required pursuanr to paragraphs II (Financing) and IILE(Use) and IV (Constructian of Facility) of rhe agreemem. As pare af rhe consideration far such undertaking by MASC, MASC may sell produc[S, services and signage commanly known as "cancessians or "sponsarship' ar the facility and rhe revenLJeS and expenses e' relating ta concessions shall accrue [0 MASC and nar ta ,he amer parries [0 rhis agreement excepr as required under paragraph III(G)l(b). Norwirhsranding me abave, MASC shall cantribute rhe ncr profir fram "concessions " . and "sponsorships" at rhe facility ro the benefir af rhe facility. Ar thc oprion afMASC, such contriburian may be used for either capim, operarion, reserve ar program purpases. I IV. CONSTRUCTION OF FACILITY MASC will be respansible in all respeers far rhe design and canstructian af ,he facility. MASC may delegare or comraCr such respansibility as ir sees fir. . The DOWN PAYMENT pamon af rhe financing shall be made by rhe Subdivisians as fallaws: . First Parr - $250,000 afrer design appraval pursuanr ra this paragraph IV. Second Part - $250,000 90 days after first par' payment. The DOWN PAYMENT pamon of the financing sh:til be made by Ramsey County on I behalf af MANS as follows: firS( Part - $100,000 ,f<or design approval pu""....nt to chi. paragraph IV. Second Part - $400,000 90 days after first part paymenr. I Prior ta rhc payment of any part af ,he DOWN PAYMENT portion af the financing MASC will submit a proposed design ro the ather parties. The design shall provide for four (4) . Olympic siud ice surfaces wim permanem seating capacity of not less than 400 seatS per rink and 10 .. . V.J.. ';'v."ij I .i,""1.";';; r.'1..lo. 10<)00<1<1 .'".... .f::.J V.i-" U.i-:l: - .-----. - - provision for at least 400 temporary seats which are available for use at anyone of the rinks. In -. addirion, the design will provide adequately for equipment, locker rooms, concessions and toilet areas and all other space and equipment reasonably necessary for rhe operation of the facility. I Each party shall have at leasr 30 days to review the proposed design. After this 30 day review period, MASC may demand p~yment of the first part ofrhe DOWN PAYMENT, porrion of the I financing. Payment of the fifS( p:m of the DOWN PAYMENT means that the proposed design is accepted by that party. Failure to pay within 30 days afrer the demand means tha, me party failing to pay has withdrawn from this agreement and mi.> agreemenr shall be void as to all parties. I If the required DOWN PAYMENTS are made. MASC will cause the facility to be COnstrL.lcted substantially in accordance with the proposed design. I After design approval, any substantial modifications nor increasing ,he overall CO" of the facility by more than $50,000 may be made by a majority vote of the Joint Board_ . After design approval any sub"amial modificarions [Q the design which increases the overall CO" of the facility by more than $50,000 may be made only after a unanimous vote of the Joint Board. I V. EXPANSION MASC shall have the right to e"pand the number of ice sheers on irs property beyond four provided th.r: I If such expansion is physically connected to this facility all parries shall have pro rata right of first refusal to purchase additional scheduling and programming rights on sllch <<rIDS and condirions .. as are offered by MASC. Exception: It is coruemplatod that MASC in connection with financing the construcrion of I this facility, may make certain covenants to Anok. County in connection wirh the operation of Columbia Ice Arena. In such case, MASC shall be permitted to fulfill its covenants as a priority over rights granted by this poragr.ph. I VI. DEFAULTS AND FAILURES TO PERFORM If any party defaults on any of its obligations under this agreement and such default continues for a period in excess of 30 days aftcr written notice is mailed (Q such party, rhe other I parries shall have right of first refusal on all of the defaulring party's asscts. liabilities, rights and obligations in conne"rion with the facility and rhis agreement, under sueh terms conditions and procedure as are derermined by rho agreement, under such terms conditions and procedures as ar" . determined by the Joim Board. If no other party assumes the assets. liabilities, righes and obligations of the defauhing party, MASC may dispose of them ins such manner as ir sees fiL If any party except the MASC fails to perform an obligation required under this agreement, . all parties agree that MASC may pursue any appropriare remedies On behalf of all parties including lirigation in a court of competem jurisdiction. If MASC fails to perform any obligation, the board, by majority affirmarive vote may pursue appropriare remedics on behalf of all parties. I VII. ADDITIONAL AGREEMENTS The MANS Subdivisions may emer into agreements among one another nor inconsi.>rent wi th this agreem"nt. I ~ 11 I ----------- - V..I.-. ~~5--~-'- --TT:-~~- -rA-_!.. -T6-;j-.')o;1":1 --- ------------ :,...,\.. --- l&J U.lJ. Ui... - - Ir is understood that Anoka County may require pledges of revenues received pursuanr to the - Masrer Agreemenr and covenants in connecrion wirh rhe financing of rhe Facility. Such covenants. .- co the exrenr inconsisrenr with this Masrer Agreement rake precedence over this Masrer Agreement. VIII. ALIENATION OF INTEREST . Any party may sell, partition or alienate irs interesr in rhe Facility or in rhis agreement to any orher party (0 this agreement on such termS and conditions as they may agree among rhemselves. . No party shall atrempt to or sell, partirion or alienare ies interese in rhe Facility or in this agreement (0 a non-party withour first offering such interesr (0 rhe orher parries (0 rhis agreemenr under such rerms conditions and procedures as may be derermined by the Joint Board. If the Joint Board fuils . co enacr terms procedures and condirions for more chan 60 days afrer notice of inrenr r 0 alienate given to the Joint Board ar the address of MASC. The parry may seU, partition or alienare irs interese as ir sees fir. Notwirhstanding rhe above. any alienation of intere$[ must be substantially equivalenr for financing purposes such that rhe security inrerests of Anoka County are nOt I diminished. and shall be subjecr co Anoka County's approval, which shall not be unreasonably withheld. No such sale, parrition or alienation shall relieve a parry of Irs obligations under E(l)(b) or G(l)(d) excepr as set forth except as set forth in E(l)(iii). Furchermore, nO such sale, partition or I alienation, Or use of the Facility, may be made which would have rhe effecr of causing me Bonds to be classified as "privare activity bonds." IX. AMENDMENTS . This agreement may not be amended except by unanimous vore of me undersigned or chelr successors in offi,c or inccrest as the ca.se may be. X. STATE AUDlTS . The books, records, documents and ac_ounring pro_edures and pr"'tices of MASC and th_ Joim Board relevam (0 this cOmracr shall be subjeCt to examination by the MASC and me .. Legislative Auditor. XI. END OF TERM-RIGHT OF RENEWAL If at the end of the term of this agreement, the MASC and the majority of the Board of I Direcrors dect to continue to operate the facility as at lease a four surface ice arena each party may renew irs scheduling rights pursuant to the following terms and conditions: A. No furrher guarantees of rental revenue are required from che parry I B. MASC with consultation with the: parries will establish reasonable operation and I capilli reserves C. "Profirs" above those required for operating reserve purposes shall be dimibured pro tara co the parties under such terms and condirions as are derermined by the Joint Board. . D. Each parry may renew irs rights in five year extensions for as long as the facility is operated as , sportS facility. . E. If a party elects not to renew irs scheduling righrs 3[ me end of the original or extended tetm of chis agreemenr rhar party will be paid its pro fa," share: of the operacing and I capital improvement reserve a""ounrs and shill have no furrher righrs or interest in the facility.' F. Other reasonable terms and conditions and procedures may be imposed by the Joint . Board rdaring ro renewal or non renewal of schc:duling rights. 12 .. . ------- V.J.'';',J,i.'1I/ ~-l ;-_ ,~ 1."1.....}. t Q....~V,," ......,1.... ~ Ut-i' Ul-1 ----- .. -- - XII. APPROVAL -_ This agr<:emem is authorized and executed pursuant to Minnesota S[a[U'cs Section 471.59. I Da,e Attornc:y General Dace Commissioner of AdminiStration I Dare City of Mounds View I Date City of Arden Hills Date City of New Brighton I Date City of Shoreview Dare City of Blaine I Dare City of Coon Rapids Dare County of Ramsey I Oat<; Minnesota Amateur Spores Commission I .. I I I I I I ~e 13 I I ---.- - - I NATIONAL SPORTS CENTER Ie ICE ARENA SUPPLEMENTAL AGREEMENT I. PARTIES. This Agreement is dated to be effective the ___ day I of , 1997, and is entered into by and between the following entities: I A. City of Shoreview, herein "SV" , City of Arden Hills, herein "AH", City of Mounds View, herein "MVtt, and City of New Brighton, herein "NB", all of the above I collectively herein "SAMN"; and B. Mounds View Youth Hockey Association, and Ironda1e Youth Hockey Association and their successors I and assigns, collectively herein "HOCKEY ASSOCIATIONS"; and I C. Ramsey County, herein "COUNTY". II. RECITALS. I A. The governing bodies of SAMN, COUNTY, and the HOCKEY ASSOCIATIONS have determined that it would be mutually Ie beneficial to their respective organizations to encourage and participate financially in the construction, operation and maintenance of an olympic sized ice surface I and related facilities to be located at the National Sports Center, 1700 105th Avenue NE, Blaine, MN (herein "Project") . I B. SAMN, the COUNTY, other units of government and other public agencies are parties to the Master Agreement, hereinafter defined, which specifies the construction, I operation and financing obligations of the parties to the Master Agreement. C. SAMN and COUNTY would not have entered into the Master I Agreement without obtaining contractual assurances from the HOCKEY ASSOCIATIONS to reimburse SAMN for all or a portion of the financial commitments assumed by SAMN I pursuant to the Master Agreement. III. PURPOSE. The purpose of this Agreement is to define the I rights and obligations of the parties hereto primarily with respect to the allocation of financial responsibilities incurred as a result of the Project and the guarantee of the use of ice time by the HOCKEY ASSOCIATIONS in order to permit SAMN to meet its I obligations under the Master Agreement. .. 1 I -- - - IV. DEFINITIONS. As used herein, the following terms shall mean: . -. A. Prime Time means the period from October 1 - March 15. B. Non-Prime Time means all other periods of the year not defined as prime time. . C. Regular Hourly Rate means the rental rate of ice time at the National Sports Ice Arena that will be established annually by the Joint Board. . D. Joint Board means the board of directors for the National Sports Center Ice Arena as defined by the Master . Agreement. E. User Group Committee means a committee consisting of one representative from each of the cities in SAMN and the . COUNTY and one representative from each of the HOCKEY ASSOCIATIONS. F. Master Agreement means the agreement titled "National . Sports Center Ice Arena Master Agreement" dated the _ day of , 1997, and incorporated I herein as Exhibit A. V. TERMS AND CONDITIONS. In consideration of the mutual undertakings herein expressed and in consideration of the -' obligations assumed by SAMN and the COUNTY pursuant to the Master Agreement, the parties agree as follows: A. Term. This agreement shall be effective as of the date . set forth above, and shall terminate on the day on which the financial obligations of SAMN and the COUNTY are satisfied pursuant to the Master Agreement. I B. Financina. 1. Down Pavment. COUNTY agrees to contribute the . $500,000 down payment to the Minnesota Amateur Sports Commission (MASC) on behalf of SAMN for I construction of the National Sports Center Ice Arena in accordance with the Master Agreement provided that the SAMN guarantees the annual purchase of 1,000 hours of ice time at COUNTY I arenas between October 1 and March 15, including at least 16 hours per weekend. 2. Ice Time Obliaations. To insure that SAMN meets . their annual financial obligations to purchase 2080 hours of ice time per year at the National Sports Center facility pursuant to the Master Agreement . 2 .. . - - I and 1000 hours from the COUNTY Ice Arena system Ie pursuant to this Agreement, the HOCKEY ASSOCIATIONS agree to the following: a. Purchase 2080 hours of ice time during each I year at the "regular hourly rate" for the entire term of this agreement at the National Sports Center Ice Complex, less any time that is used for community programs, school I district programs, or any third party users of the facility that are credited to SAMN financial guarantee. I b. Purchase 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 term of this agreement. The ice time 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 I allocations. The COUNTY, at the request of the 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 Ie HOCKEY ASSOCIATIONS determine to be surplus. This reallocation effort on the part of the COUNTY does not relieve the HOCKEY ASSOCIATIONS of their I responsibility for the ice time unless the ice time is purchased by other users. All hours of surplus ice time not accepted by other users shall remain the obligation of the HOCKEY ASSOCIATIONS. The I HOCKEY ASSOCIATIONS may not sublet or sell hours of ice time at Ramsey County arenas to other Ramsey County user groups without prior approval from the I COUNTY. 4. Escrow Fund. SAMN agrees to establish and maintain I as a separate account at one of its member municipalities a minimum $300,000 escrow fund throughout the term of this Agreement. The Finance Director of the selected municipality shall be the I escrow agent and shall administer the escrow account pursuant to the terms of this Agreement. The escrow fund will be used for the purpose of I meeting the annual financial obligation of SAMN as it relates to the rental of ice time referenced in Section V.B.2. above, and the Master Agreement. The escrow fund will be funded in the following I manner: f' 3 . - - a. The HOCKEY ASSOCIATIONS shall provide a I $300,000 cash contribution to the escrow fund. At the time of execution of this agreement, e. the HOCKEY ASSOCIATIONS will make an initial contribution of $200,000 and another $100,000 shall be provided by October 1, 1998, the projected opening date of the national Sports I Center Ice Complex. b. The HOCKEY ASSOCIATIONS shall contribute a minimum of an additional $25,000 per year for I four years beginning in 1999 and ending in 2002. This contribution shall be made by November 1st of each year. This $25,000 . 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 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 November 1st of each year . during the term of this agreement. If, during the entire term of this agreement, the escrow fund falls below $300,000, the HOCKEY ASSOCIATIONS shall replenish the fund to the e. minimum $300,000 level. The escrow fund may be replenished through any interest earnings from the fund, the $50 surcharge for each I hockey participant from any City that is not part of this supplemental agreement, and any other sources that the HOCKEY ASSOCIATIONS deem appropriate. . d. If the HOCKEY ASSOCIATIONS fail to maintain a minimum $300,000 balance in the escrow fund, I SAMN reserves the right to impose a surcharge on any rental of ice time to the HOCKEY ASSOCIATIONS to restore the escrow fund to the I minimum fund balance. e. The maximum balance in the escrow fund will be $400,000. Any revenues above the $400,000 I amount will be returned to the HOCKEY ASSOCIATIONS for their use. SAMN agrees to review the status of the Escrow I Fund with the HOCKEY ASSOCIATIONS after each five-year period of this agreement. At the end of this agreement, SAMN will return any I 4 .. I - I. remaining monies i. n the Escrow Fund to the HOCKEY ASSOCIATIONS. I 5. Rental Income Shortfalls. In the event that SAMN fails to meet the annual rental income requirement I as defined in Articles V.B.l. and V.B.2. above, SAMN will first use the escrow fund that will be established and funded as provided in this agreement. If the monies available in the escrow I fund are insufficient to meet the annual ice time financial obligations, any shortfalls will be split by SAMN in the following manner: I TOTAL % POP. % PART. SHORTFALL CITY x.5 + x .5 PERCENTAGE I AH 6.5% 9.0% 15.5% I MV 9.0% 4.0% 13.0% NB 16.0% 9.5% 25.5% SV 18.5% 27.5% 46.0% I The population percentages ( .. POP. ) will be adjusted annually based on the Metropoli tan Council's population estimate and the United States I. census. The participant's percentages (" PART.) will be adjusted annually based on the actual number of participants by community provided by the I HOCKEY ASSOCIATIONS. C. Use of Ice. I 1. The HOCKEY ASSOCIATIONS will have the right to schedule at least 80% of the available ice rental time at the National Sports Center Ice Complex at I the regular hourly rate during the "Prime Time", as long as it does not conflict with the obligations set forth in the Master Agreement. I 2. The HOCKEY ASSOCIATIONS will have the opportunity to host a tournament using all four ice surfaces for one weekend during the prime time period, I consistent with the provisions of the Master Agreement. I 3. SAMN agrees to provide the HOCKEY ASSOCIATIONS first opportunity to reserve additional ice time at the regular hourly rate during prime time that is not used for other community programs. I f' 5 I ---_.....~ ------- - - 4. The HOCKEY ASSOCIATIONS agree to provide both prime I time and non-prime time ice to both boys' and -. girls' youth hockey programs in a fair and non- discriminatory manner, consistent with the requirements of State statutes. VI. NATIONAL SPORTS CENTER ICE ARENA INTERIOR DESIGN. The COUNTY I will have the right to name, select colors and graphics, and approve advertising for the SAMN designated ice arena within the National Sports Center Ice Arena Complex. The COUNTY will consult I with SAMN and HOCKEY ASSOCIATIONS in the selection of colors and graphics. VII. NATIONAL SPORTS CENTER ICE ARENA PROFITS. 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 SAMN. . VIII. BOARD OF DIRECTORS. The cities in SAMN that are represented by this supplemental agreement will have one representative on the I Board of Directors as stipulated in the Master Agreement. The responsibility of serving on the Board will rotate on an annual basis between each of the SAMN cities that are a party to this agreement. The COUNTY will have one representative on the Joint I Board as stipulated in the Master Agreement. IX. USER GROUP COMMITTEE. A user group committee will meet at _I least annually to discuss facility scheduling, future needs, and the status of the escrow fund. IN WITNESS WHEREOF, the parties hereto have caused this I Agreement to be executed. CITY OF ARDEN HILLS I Pursuant to City Council authorization granted the day of By: , 1997. I Its: Mayor By: I Its: City Administrator I I I 6 .. I - ----- ~ - I. CITY' OF HOUNDS VIEW Pursuant to City Council I authorization granted the day of By: , 1997. I Its: Mayor I By: Its: City Manager I I CITY OF NEW BRIGHTON Pursuant to City Council I authorization granted the day of By: , 1997. Its: Mayor I By: .. Its: City Manager I CITY OF SHOREVIEW Pursuant to City Council I authorization granted the day of By: , 1997. I Its: Mayor . By: Its: City Manager I HOUNDS VIEW HOCKEY ASSOCIATION I Pursuant to authorization By: granted by its Board of Directors on the day Its: I of , 1997. ~ 7 I - - ~RONDALE YOUTH HOCKEY ASSOC~AT~ON .1 Pursuant to authorization By: I granted by its Board of Directors on the day ~ts: of , 1997. I RAMSEY COUNTY I Pursuant to authorization granted by the County By: I Board on the ____ day of , 1997. Its: I b/J/arenll..agr 3anuary 21. 1997 I I .1 I I I I I I I 8 .. I . - CITY OF ARDEN HILLS =e MEMORANDUM - DATE: January 22, 1997 I TO: Brian Fritsinger, City Administrator D&J FROM: I Cindy S. Walsh, Parks and Recreation Director SUBJECT: Resolution 97-07 for Trail Grant Application . Back\;!round The Minnesota Department of Natural Resources Cooperative Trail Grant Program anticipates I receiving funding again in 1997. The Legislative Commission on Minnesota Resources has recommended that the 1997 Legislature appropriate $200,000 to the Department of Natural Resources to accelerate development of trail linkages. This is the same program that provided I funding, for the 1996 trail development project in Arden Hills. The emphasis of this program is to promote access between people and desirable destinations. I The grant's primary purpose is to complete trail connections between where people live (e.g., residential areas within cities and communities) and significant public recreation facilities (e.g., parks and other trails). A secondary purpose is to link existing trail segments. Ie Countv Road F Trail Se\;!ment I have been working on a plan for trail development that would help to link our neighborhoods I and existing trail segments together. The Parks and Recreation Committee has provided suggestions throughout the process. I anticipate bringing this to the Council at a work session this Spring for review. I have also been exploring possible trail grant opportunities to aid in I funding future trail segments. The County Road F segment between Hamline Avenue and Lexington A venue seems to be the best possibility for funding at this time. This segment would I qualify for funds since it connects to the Shoreview trails, the Hamline Avenue sidewalk, and the Lexington Avenue trail. The trail would be construction along the north side of the road. A trail along Old Hwy 10 may also be an option, but not until the intersection with Hwy 96 has been I reconfigured during the reconstruction process. Timelines for Completin\;! the Grant I The matching grant money can be used until January 1,2000, If the City was awarded the grant, I would suggest this segment be done in 1998, or it could be done 1999 if there was another segment that became a higher priority. I am applying for the money now since funding from the I State is never guaranteed to continue. The grant is due March 31, 1997. Estimated Cost and Funding I The City Engineer has estimated the cost of the project to be approximately $65,000. Based on this estimate, the City's portion of the cost would be $32,500, I am assuming that the City's ,. portion would come from the Park Fund. I -. ---- - CITY OF ARDEN HILLS e~ RAMSEY COUNTY STATE OF MINNESOTA - RESOLUTION NO. 97-07 A RESOLUTION SUPPORTING AN APPLICATION TO THE DEPARTMENT I OF NATURAL RESOURCES COOPERATIVE TRAIL GRANT I WHEREAS, the City of Arden Hills continues to work towards completing a trail system for the use and enjoyment of the citizens of Arden Hills; and I WHEREAS, the proposed approximate one-half mile, eight foot wide bituminous trail would be constructed along County Road F between Hamline Avenue and Lexington Avenue, and connect I with an existing trail and sidewalk on both sides. In addition, an approximate 600 foot trail would be constructed along Hamline Avenue from the trail on County Road F north to where the sidewalk ends; and I WHEREAS, this trail will connect and provide crucial links at Lexington Avenue with a trail that continues east through Shoreview and eventually Vadnais Heights and south from Shoreview into I Roseville; and WHEREAS, Cummings Park, which is one of the City's most used parks is located just north of .1 the proposed trail and would be made accessible to the public by these trails; and WHEREAS, the Cooperative Trail Grant Program is available to fund up to 50 percent of the I construction cost for accepted projects (maximum of $50,000) can be used through January 1,2000. NOW THEREFORE, BE IT RESOLVED, by the City Council of Arden Hills Minnesota that I the City Council supports the application for the Cooperative Trail Grant for the above mentioned trail segment. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 27TH DAY OF JANUARY, 1997. I DENNIS PROBST, MAYOR . ATTEST: I I BRIAN FRITS INGER, CITY ADMINISTRATOR .. I - ,- -'___ _._~ \0- , . 'SHOREVIEW , - ~ . 0 . >1 - " ~ . 41 " I c" :1'<;;000 l " . ~ "~1\, .-.-.~. . ,-"-"6\ {'" I "~ .,....) r- ~bn'i'12. ..s;4'~-bft' II.VE. ~ --- '" S/.'A " /" .,." ~ ~.". I t kJ'l'~~ 7 ~ l5- :; , A/~/ ~/ : \0'< Turtle . o.c \~ I Lake (j r Cha,.-ley W Lok.e r ~,.." ;>.' > \ . . .....J I ARDEN HILLS LAlryr:to , '^ I -T- 28. \I. L"":C ~CACH CT. " 29.E.L/ll(COCACllCT. ~ I 30. ~CBINl-QJD tlR. 31. ~RCL1n' CIR. ~ 3Z.AAY\i!)OCU. 33. MARTHA Lluc( CT. J". A/IlDCIlSCN 1.."- 35. ~CLUNG Oft 36. 8R1t.kK!O.L Cllt Ie r.2:>'~ ~& I @ <D G ~ SOCia I . .""', 8 I. ~ ~ > .. , x 5 > - " ~ i IjR/lHS1(<J .. N:JJtT)>(\oIClJti SHOREVIEW \' "" "" '" ~ lslo.nd _ llt~\ tCT. @ ITel. LOk,:..-/ H. LA.I((. IE\o'CT. 'l l~ MAPlE . ; " lEo,.....ol.Ll<<./T I 17. Kll1:StS '" e ) Ii. IoC-ll'SC~ ,. "'" ,ox ""I '" l~. El\'NAl. I$J.....~ L....[ /lvt. i" CQ.~DCN 2l. VNlAA W ., ; ~ ", '.- ~ "-. ~ '~UTSt. \...j . """ , " C_~lGN< I R!l. .....1 "' ) CITY OF ARDEN HILLS . MEMORANDUM DATE: January 27, 1997 . . TO: Mayor and City Council I FROM: Kevin Ringwald, Community Dcvelopment Director~ SUBJECT: Resolution 97-08, Supporting the transfer of certain excess MnDOT I right-of-way to Welsh Companies to facilitate the building which was approved in Planning Case 96-12 I Introduction The Staff requests that the City Council endorse Resolution 97-08 which supports the transfer of I certain excess right of way currently under the jurisdiction of the Minnesota Department of Transportation (MnDOT) to Welsh Companies to facilitate the building which was approved in Planning Case 96-12 (Exhibit A). I Background The City Council approved the Phase I development of Welsh Companies (Arden Hills I. Commerce Center) in September of 1996 for a 154,000 square foot industrial building. At the northeast corner of Round Lake Road and Butcher's Street there exists a small remnant property I which is owned by the Minnesota Department of Transportation (MnDOT) which is needed for the development of the Phase I building. I The Staff has discussed the status of the remnant parcel with the MnDOT, Right of Way Division. The Staff was informed that MnDOT would support the conveyance of the subject property to the City of Arden Hills, since state law prevents them from conveying it to private I parties. The City would then convey it Welsh Companies. It was originally estimated, by MnDOT, that the conveyance would occur prior to November 1, 1996. The City adopted Resolution 96-52 in September of 1996 which requested that MnDOT release the excess property . to the City, To date, the excess property has not been released to the City by MnDOT as it is still in their administrative process. The developer is hoping to break ground on Phase I in early March of 1997 and requests some level of assurance that when the City receives the property it I will transfer the needed portion to the developer/owner. Given, MnDOT's original time estimate neither the City nor the developer anticipated this issue. The developer is now requesting a I resolution from the City essentially stating that when the City receives this property it will transfer it to the developer/owner of Phase I. The resolution is required by the developer so that they may obtain financing and secure tenants for the Phase I building. . Recommendation ,. The Staff recommends adoption of Resolution 97-08. I -- ----- tt<1H8/T A ~ STATE OF MINNESOTA . COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION 97-08 . RESOLUTION SUPPORTING THE TRANSFER OF CERTAIN EXCESS . MnDOT RIGHT -OF - WAY TO WELSH COMPANIES I TO FACILITATE THE BUILDING WHICH WAS APPROVED IN PLANNING CASE 96-12 WHEREAS, the City of Arden Hills has been attempting to develop the Gateway Business I District at the northeast comer ofInterstate 694 and Interstate 35W; and WHEREAS, a developer (Welsh Companies) has received approval (Planning Case 96-12) by . the City to develop a parcel within the Gateway Business District; and WHEREAS, the property approved for this development (Planning Case 96-12) requires certain . accesses to local streets which currently cannot be met, due to the presence of excess right of I way which is under the jurisdiction of the Minnesota Department of Transportation (MnDOT); and WHEREAS, the City Council of the City of Arden Hills, Minnesota has requested MnDOT to .. release the excess right of way in the Gateway Business District to the City of Arden Hills in Resolution 96-52, approved on September 9, 1996; and . WHEREAS, the subject property has yet to be released to the City and the developer wishes to move forward with their project. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that when the subject property is released by MnDOT to the City of Arden Hills, the . City will facilitate, expedite, and approve the transfer of the subject property to the developer/owner of the building which was approved in Planning Case 96-12. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS I THIS 27TH DAY OF JANUARY, 1997. I DENNIS PROBST, MAYOR . ATTEST: I BRIAN FRITSINGER, CITY ADMINISTRATOR .. .