HomeMy WebLinkAboutCC PACKET 05101983 Meeting Sheet
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Box: 16
Folder: CC PACKETS 1981-1984 & 1987
Document: CC PACKET 05101983
CITY OF ST. ANTHONY
COUNCIL AGENDA
June 14 , 1983
7 : 30 P.M.
,A.Call to Order/Pledge of Allegiance, 7;�p.__�.ee. _
(/ oll Call. j[L(10 OU �i. '
. vApprova1 of May 24 , , 1983 Council Prinutes . r te
Approval of May 24 , 1983 Board of Review Minutes
&i�.�Licenses/Permits/Petito s .
presentation of Claims
�Verif ied Claims .-- - - �
�l Edward J. Hance Law Offices - $1, 500 .00 . m° O
Edward J. Hance Law Offices $1, 522 . 85 .
Li.Requested Public Appearance/Unfinished Business .
(��Cable T.V. Representatives will be in attendance.-�
2 . Ordinance 1983-003, re: Amendment of Cab e Communications
Ordinance (third reading)
Reports .
� lanning Commission - none.
- Mayor Sundland " W. Councilman Marks
Councilman Enrooth--- Councilman Ranallo-
c,2 Councilman Letourneau
L-3-'.'- Departments/Committees
l--a"�' Fire' Department Monthly Report - May , 1983 .
�a�Financial Monthly Summary - April , 1983 .
-a� iquor Operations Monthly Summary - May, 1983 .
�! Chemical Abuse Information Committee Minutes - May 10 , 1983 .
Sanitary Sewer - 33rd Avenue N.E.
�ity Manager.
L-&-.--,, Staff Meeting Notes - June 7, 1983 .
City ' s Radio Equipment._
Public Hearings . M �' � 3 o u �
anges .in Year VII CDBG Fund. Allocations - 7 : 40 P .M._
-2-
'ytil/- Busine s .
1. solut ion n 83-031 re : Designation of signatory for applications
reimbursement of police department training funds .
Aj j2I Resolution 83-032, re : Fire Department Joint-Po ers- P chasing -
ortium - -
rdinance 1983-004 re.: Minnegasco Franchise (first read ng) .
rn� _ . ,I}esolution 83-033, re: , Rescinn -two previous resolutions per,,
- aining to budget transfers .
5. esolution 83-034 , re : Change Order No. 3 - St. Anthony
Boulevard Bridge Project.
Adjournment. ��i2�Z��
• 7 l
c7
H .R.A. IlUIEDIATELY FOLLOWING _-
REGULAR COUNCIL MEETING.
CITY OF ST. ANTHONY
COUNCIL AGENDA
June 14 , 1983
7: 30 P.M.
A. Call to Order/Pledge of Allegiance.
B. Roll Call.
C. Approval of May 24 , 1983 Council Minutes .
Approval of May 24, 1983 Board of Review Minutes.
D. Licenses/Permits/Petitions .
E. Presentation of Claims .
1 . Verified Claims .
2 . Edward J. Hance Law Offices - $1,500 .00 .
3. Edward J. Hance Law Offices $1, 522 . 85.
F. Requested Public Appearance/Unfi.iished Business .
1. Cable T.V. Representatives will be in attendance.
2. Ordinance 1983-003, re: Amendment of Cable Communications
Ordinance (third reading) .
. G. Reports .
1. Planning Commission - none.
2. Council.
a. Mayor Sundland d. Councilman Marks
b . Councilman Enrooth e . Councilman Ranallo
C. Councilman Letourneau
3. Departments/Committees .
a. Fire Department Monthly Report - May , 1983 .
b. Financial Monthly Summary - April, 1983 .
C . Liquor Operations Monthly Summary - May, 1983 .
d. Chemical Abuse Information Committee Minutes - May 10 , 1983 .
e. Sanitary Sewer - 33rd Avenue N.E.
4 . City Manager.
a. Staff Meeting Notes - June 7, 1983.
b. City' s Radio Equipment.
H. Public Hearings .
1. Changes in Year VII CDBG Fund Allocations - 7 :40 P .M.
•
-2-
I . New Business . •
1. Resolution 83-031 , re : Designation of signatory for applications
for reimbursement of police department training funds .
2. Resolution 83-032 , re: Fire Department Joint Powers Purchasing
Consortium.
3. Ordinance 1983-004 , re : Minriegasco Franchise (first reading) .
4 . Resolution 83-033, re: Rescind two previous resolutions per-
taining to budget transfers .
5 . - Resolution 83-034 , re : Change Order No. 3 - St. Anthony
Boulevard Bridge Project.
- J. Adjournment.
CITY OF ST. ANTHONY
• COUNCIL MINUTES
May 24, 1983
The meeting was opened with the Pledge of Allegiance at 7: 30 P.M.
by Mayor Sundland.
Present for roll call : Ranallo, Sundland, Letourneau and- Enrooth.
Absent':• • Marks .
Also present : David Childs , City Manager; William Soth, City. Attorney;
Carol Johnson , Finance Director; and Larry . Hamer, Public
Works Director.
Motion by Councilman Ranallo and seconded by Councilman Letourneau to
approve as submitted the minutes of the Board of Review and Council . -
meeting held May 10 , 1983.
Motion carried unanimously.
Mr. Childs informed the Council members that Apache Plaza had made a
$650 deposit for 25 amusement devices whenever they become available.
Motion by Councilman Ranallo and seconded by. Councilman Enrooth to
grant cigarette licenses for two machines at the Country Club Market
• and one machine at..Mr-.--Hobo. --• - _ ___.__
Motion carried unanimously.
Mayor Sundland distributed copies of a memo suggesting possible ideas
for a policy regarding the serving of beer in the City parks which
would be considered and discussed at a later meeting.
Motion by Councilman Ranallo and seconded by Councilman Letourneau
to grant a temporary 3. 2 beer license to Pat Fagerlee , 3407 Croft
Drive, to serve , but not sell, beer at the Robertson family picnic
to be held in the Central Park Pavillion , June 4 , 1983.
Motion carried unanimously.
Motion by Councilman Letourneau and seconded by Councilman Enrooth
to approve the payment of $4 , 486 . 73 to Dorsey & Whitney for legal
services during March, 1983.
Motion carried unanimously .
Motion by Councilman Ranallo and seconded by Councilman Letourneau to
approve payment of $1,934 to Bergerson-Caswell , Inc. for the repair
and reinstallation of Well #3'.
Motion carried unanimously_.
• George Wagner was present to report the minutes of the Planning Commis-
sion meeting held May 17, 1983 . _
The Mayor indicated he concurred with the Commission recommendation
of denial of the request for additional signage for the B. J. Antique
-2-
Shop in the St. Anthony Village Shopping ,Center because he perceives
that to grant more signage .for this particular business , than is •
permitted by ordinance for the other stores in the center, would result
in a hardship for those other merchants who would not have similar
identification.
Motion by Councilman Enrooth and seconded by Councilman Letourneau to
deny the request from Russell Underhill for a variance to the City
. Sign. Ordinance which would permit the. proprietor of the B. J. Antique
Shop at 2530 Harding Street N.E. to attach the identification sign he
had .proposed to the existing non-conforming sign at the Kenzie Terrace
entrance- to the St. Anthony Village Shopping Center, finding, as did
the Planning Commission that:
(1) ' The new Sign Ordinance permits the identification of each tenant _
in the shopping center with signage on the building itself and
prohibits a -general listing' of tenants on the signage for the
center, which might well be the precedent set for other businesses ,
if this request were granted.
(2) None of the conditions set for granting variances to the Sign
-Ordinance appear to have been addressed in the application,
specifically, that (a) there would appear to be no particular
hardship for this business than would be experienced by other
commercial businesses in the same center -if the strict letter of
the regulations are adhered to, and (b) the condition upon which
the application was based could not be considered to be. unique
to this parcel and not applicable , generally, to other stores in •
the same center.
(3) The failure of the applicant to be present for the two considera-
tions of his request precluded any other recommendation, based
on the information which had been submitted.
(4) The manner in which the sign to which the requested signage
would be attached. has been maintained would seem to justify not
adding to it.
Motion carried unanimously .
There was also Council concurrence with the Planning Commission findings
for not requiring an additional variance for the change in sign copy
which would be necessitated by the transfer of the Burger Chef to a
Hardees franchise , especially , since the square footage for the new
sign would be decreased.
.The remainder of the report was accepted as informational .
.Minutes. for the May 16th meeting of the Seven -County Metro Joint Pur-
chasing.-Consortium at Columbia Heights had been included in the Council
agenda by Fire Chief Entner so the Council could see the progress
which was being made in this cost-saving program. Councilman Ranallo
said -he .-recognized -the hard work Chief Entner had put into this venture •
and had-been very disappointed to find the League of Minnesota Cities
seemed to be lukewarm to the concept. -
-3-
Mr. Childs indicated the City had contacted the Clark Oil Company to
find out what their plans are for cleaning up the appearance of their
• property at the intersection of Stinson Boulevard and 33rd Avenue N.E.
The possibility of a multi-family, commercial use for that property
was explored. Mr. Hamer told Councilman Letourneau he would check
to see the grounds around the Midland Office Building in the Industrial
Park are -kept mowed. He also said the City crew mows the median in
that same area.
Mayor Sundland noted that when the.. State Hearing Examiner had submitted
her suitability report and recommended the proposed hazardous waste
processing facility area in Roseville be considered for inclusion in
the . inventory of preferred. areas for the location of a chemical
processing, storage and transfer facility, she had at the same time -
acknowledged the five objections the City of St. Anthony had made to
having such a plant sited adjacent to its -boundaries , which the .
Examiner indicated should be points the Metropolitan Waste Management
Board should consider before including the Roseville site in the final
inventory of preferred area. The Mayor indicated he was also gratified
to note the Examiner had indicated that a more substantial testing of
the soil and aquifer suitability should take place during the permit-
ting process since she had been unable to make a finding as to whether
soil conditions on that particular site would offer any protection to
the aquifer.
In his May 20th memorandum, Mr. Childs had proposed applications be
submitted for CDBG funding under the Federal Jobs Bill for two City
• projects which -he believes,_wpuld give. a "real_ shot in the arm"__to_ __
the Kenzie Terrace Redevelopment Project. Fie suggested making
application .for $350 ,000 to cover land acquisition costs for the
senior rental project to be developed under Section 202/8 funding
proposed for Phase 2 and Mr. Childs believed from $250 , 000 to $300 ,000
should be sought jointly with Hennepin County for land acquisition
costs for the construction of a new St. Anthony branch library in the
same redevelopment area. Although he was in complete agreement with
Council members that the 202 project should be given first priority ,
the Manager reminded the Council that the projects would be rated
separately according to the County ' s needs . He was directed to make
application for both projects .
Mr. Hamer showed films of as much as could be televised of the City ' s
430 feet of sanitary sewer located in the area of 36th Avenue N.E .
and Edward, indicating that in certain areas the clay tile had
deteriorated- to the point where the passage of the camera could have
caused the complete collapse of the whole system in that area .
The Public Works Director indicated the Engineers had estimated it
would cost the City $80 , 000 to tear up the concrete street and replace
the clay tile with iron pipe , but Mr. Childs had suggested another
method of dealing with the problem which would cost the City approxi-
mately $15 ,000 . The Manager explained that under this new system, an
inflatable resin lining is applied to the inside of the deteriorating
sewer lines without tearing . up the streets at all . He said Maplewood
had successfully preserved a portion of their sewer system in this -
manner and Minneapolis plans a similar project this summer, which would
make the equipment available to the City during this construction
season a'nc'-_before the lines deteriorate to the point where they would
2
collapse ��l.:"-%-letely and make a costly replacement project necessary .
-4-
It was agreed that Mr. Hamer should contact Maplewood to see if they
would be willing to have the City televise the repaired .lines to see •
whether the new system would be a good one for St. Anthony . Mr. Soth
indicated the job would not have to be bid since the procedure is a
patented franchise.
Because the Sewer Fund already- has a-. $40 ,000 deficit and the City has
no control over 77% of the rates which are collected which go to the
Metropolitan Waste Commission, Mr. Childs indicated he foresees a
raise in rates would be inevitable even without a $15 ,000 project
this summer.
The alternate :measures which could be taken by northern suburbs if
their water supplies have to be taken off line because of contamina-
tion were discussed at the latest MPCA hearing attended by the City
Manager. Mr. Childs reported he had learned there is another vendor
of carbon filtration systems who could provide that service for about
half the cost of the original quotes. Mr. Hamer indicated Minneapolis
officials had demonstrated some reluctance to supplying water to the
affected communities on a part time basis . No further action by the
Council was deemed necessary until after the EPA funded study of the
City' s system is completed. Councilman Ranallo said he is anxious
to see what would happen to the City' s water supply after the New
Brighton wells are taken off the same aquifer they share with _
St. Anthony.
Preliminary -estimates show the City stands to lose $45 ,000 in state aid,
or 20% of its budget, with the legislation which was recently passed, •
and Mr. Childs anticipates the same amount may be cut in 1985 as well .
Included in the agenda packet was a copy of the motion proposed by
District #282 whereby the School District and the City would make a.
joint application for $30 , 861 in state funds to establish and imple-
ment the St. Anthony Youth Intervention Program under which the City
schools would participate with Mounds View and Roseville in an on-going
preventive program targeted towards youths who appear to be leaning
towards serious problems . Tom McMullen, Community Services Director,
was present to answer questions about the joint venture and Mr. Childs
reported Chief Hickerson perceives the program could be cost saving
for the City since, once a child becomes_ a juvenile delinquent,
prosecution costs , etc. , are very high . Councilman Ranallo indicated
he could see nothing wrong with the proposal since the City could make
an assessment of just how beneficial the program would be before a
monetary investment had to be made .
Motion by Councilman Enrooth and seconded by Councilman Ranallo to
adopt the proposed resolution which would establish a joint St. Anthony
Youth Intervention Program with District #282 .
RESOLUTION 83-029
-A RESOLUTION- ESTABLISHING THE .ST. . ANTHONY
YOUTH INTERVENTION PROGRAM
'Motion carried unanimously .
-5-
In her May 20th memorandum, Carol Johnson had suggested the City
• could save money by having -only one polling place for the upcoming
City elections in November. Councilman Ranallo said he would always
be in favor of any action which cut costs and appreciated the Finance
Director' s constant efforts in this direction, but was concerned
that, since all four polls are required to be used for the 1984
Primary and General Elections , it would be almost impossible to
educate the .citizenry about where they are to vote each time. The
Mayor indicated he agreed with this conclusion, having observed his
neighbors ' confusion about the recent school elections. The general
consensus of the Council was not to change the polling practices for
the City since to -do so might cause great confusion for the residents ,
some of whom might not vote at all, just because they weren't sure:
where their polling place was.
As he had reported in his May 20th memorandum, Mr. Childs -said he
had taken the bids for the issuance of the Certificates of Indebted-
ness necessary to keep the City ' s capital equipment up to date from
two banks , First Security of St. Paul and the St. Anthony National
Bank, and had selected the latter because they had offered the lowest
interest rate, 6�% (or $730) as compared to the 8% , (or $900) from
First Security.
Motion by Councilman Ranallo and seconded by Councilman Enrooth to
adopt the resolution which authorizes Certificates of Indebtedness
be issued to the St. Anthony. National Bank at 6�% as recommended
by the City Manager.
RESOLUTION 83-028
A RESOLUTION AUTHORIZING ISSUANCE OF CAPITAL
EQUIPMENT CERTIFICATES OF INDEBTEDNESS
Motion carried unanimously.
Motion by Councilman Letourneau and seconded by Councilman Enrooth
to adjourn the meeting at 9 :02 P .M.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk
v
i
• CITY OF ST. ANTHONY
4
BOARD OF REVIEW
May 24 , 1983
The - Board of Review was reconvened by Mayor Sundland at 7:00 P.M.
Present for roll call : Ranallo, Sundland, Letourneau and Enrooth.
a
Absent: Marks.
Also -present: David Childs , City Manager; Richard Becken, Hennepin
County Assessors Office; Carol Johnson, Finance
Director; and Larry Hamer, Public Works Director.
r
Mr. Becken reported the onsite appraisal of the property at 2521
27th Avenue N.E. , which had been requested by its owner, Roy Perzel,
had resulted in a $1,,000 reduction of the market valuation for that
r property.
Motion by Councilman Ranallo and seconded by Councilman Letourneau
to accept the recommendation of the Hennepin County Assessors Office
that the market valuation for the property at 2521 27th Avenue N.E.
be reduced from $68, 600 to $67, 600 .
Motion carried unanimously.
• The reappraisal of the property at 3101 Armour Terrace had resulted
in the market valuation being raised $300 , according to Mr. Becken,
but the Mayor told the owner, Robert Dougherty, his ruling that there
would be no change in valuation of less than $500 at the May 10th
Review would apply. _ _ --
Motion by Councilman Enrooth and seconded by Councilman Ranallo to
leave the market valuation for the property at 3101 Armour Terrace
at $93, 200 .
Motion carried unanimously .
The market valuation for the property at 320'9 31st Avenue N.E. had
been reduced by $3, 800 following the onsite appraisal requested by
its owner , Jack Weinstock , Mr. Becken reported.
Motion by Councilman Ranallo and seconded by Councilman Letourneau
to accept Hennepin County ' s reappraisal of the property at 3209
31st Avenue N.E. and to reduce the market valuation for that property
from $98, 300 to $94 , 500 .
Motion carried unanimously .
When neither Mr. Perzel or Mr. Weinstock had arrived by 7 :25 P.M. , to
learn the outcome of their reappraisals , the following action was taken.
-2-
Motion by Councilman Ranallo and seconded by Councilman Enrooth to •
adjourn the 1983 Board of Review.
Motion carried unanimously.
Respectfully submitted,
Helen Crowe , Secretary
Mayor
ATTEST:
City Clerk
•
CITY OF ST. ANT1iONY
REQUEST FOR CITY COUNCIL ACTION
------------------------------------------------------------------------
Date Submitted Type of Action Requested Agenda Item Number
Resolution Licenses/Permits
June 9, 1983 Ordinance
Date Action Requested X Formal Action/Motion Title Licenses for
Other
June 14, 1983 Council Approval
------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: Lila Johnson, Billing/License Clerk
------------------------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT:
Heating Licenses Bench License
Suburban Air Conditioning, Co. U.S. Bench Corporation (corner of
George Sedgwick Heating & Air Conditioning , Co. Stinson & 33rd Ave. N. E. )
Royalton Heating & Cooling Co.
Dependable Heating & Air Conditioning Inc. Registration of Rental Dwelling Units
Standard Heating & Air Conditioning Co. Frances Sandberg for 3820 Macalaster
Superior Contractors , Inc. Drive
Ray N. Welter Heating Co. Cameron Properties for 3721 Chandler
Fred Vogt & Co. Drive
Yale Inc. Bill Johnson Bill Kridle for 3004
Frank' s Heating & Air Conditioning Co. Old Hwy. 8/2938 Old Hwy. 8
Klamm Mechanical Contractors , Inc. Sheldon Mortenson for 3713 through
Eide Plumbing Co.
3800 Foss Road-Caravelle Apts.
Air Comfort, Inc.
Richmond & Sons- Electric, dba Golden Valley Northern Gopher Enterprises , Inc.
(Kleinman
Heating & Air Conditioning iKl Realty) for 3200-01 -
3208-09-16-17-24-25 Diamond 8
The Snelling Co_
Terrace
Airco Heating & Air Conditioning Co.
Equinox Properties for 2808
Care Air Conditioning & Heating Inc.
Silver Lane N.E.
Perry Amusement Company for 1984
standby amusement devices-$75 deposit Temporary Permit
Barbara Woodhill (Honeywell Group,
approx. 200) , June 24, 3 P.M. to
dark, per attached information
RECOMMENDATION :
CITY MANAGER' S REVIEW: COMMENTS :
CITY OF ST. ANTHONY
DEPARTMENT OF LICENSING/PERMITS
The following is application for use of liquors, including non-toxicating malt
liquor (3.2 Beer) in City parks.
FULL NAME OF APPLICANT ��4R� LlJc�r�� C
ADDRESS
AGE
certify that I am a resident of St. Anthony/or work in City of St. Anthony.
am responsible for conduct of his/her group.
Signature of applicant
NAME OF GROUP 'e,'____ �LrJ�ll
NO.
S50.00 /
Cleanup Deposit �'2•��j PARK LOCATION
Received by; �.,-�L M'-)
r
Canyawft Serdoss DepaNnMai
3301 sslhrer Lake Rd s sat AMhom, MN 55418 • Phan:7p 4MM
Facllitles Reservation Form Permit No. --
Name ' d Home Phone
V <11"A"IL Bus. Phorw -3 '�' L
4
Address l^r' L_�..1 I /i�y�/ �%fj �J Date ru
V
Name of Group or Organization ��r L L 1 N�
Intended Use
Date(s) wanted ��li�IF �� '7 Day(s) Su M T W Tl a (circle) ' .
d
Building: :
High School Auditorium
Park View Community Center Cafeteria
Wilshire Park Elem. School Classrooms) N
Other Gymnasium (If High School, circle one:
OLD NEW )
Kitchen
_Other F41 46
Doors to open am pm Expected attendance: G' D
Activity begins am '-pm A Admission: Free Charge
Activity ends am pm Will merchandise be sold?
Special arrangements needed (chairs, cooks, AV equipment, etc.): -
I hereby certify that I am an agent or the above named group or organization and am authorized to accept in their
name the responsibility for observance of the rules and regulations of the Board of Education, Independent School
District #282. As a group or organizational agent, I will attend this function, and I will be solely responsible for giving
any and all instructions to the custodians or other support personnel. Presentation of this permit to the custodian on
duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless
I.S.D. 282 and its representatives from all claims incurred in use of the facility. Rentee waives all rights and claims for
potential damages incurred in this rental arrangement.
(signature of responsible person)
Bill to: —
(name) (address)
------------------------------------------------FOR OFFICE USE ONLY--------------------------------- -------
Class 1 Ins -- Approved by Date -
Charges: Rental Custodial
Cooks Other charges:
Note:
W""j—Ceenmerq lows 0111100 copy CANARY—fteh . ORIM CO" P —Ca emews Capr OOLD—rVt+illconti C81M
f ST ANTHCMY A/P CHECK REGISTER DATE 06-14
CHECK VENDOR AMOUNT-
• 04814 A A BATTERY . 1:37.60
048-15 ACRO MINNESOTA.- .INC. 140.89
04816 AMERICAI'l - LINEN . 39.95
' 04817 EARL ANDERSEN ASSOCI 143.80
04818 BARTON CONTRACTING 71 .37
04819 BOUSTEAO. ELECTRIC 67.62
04820 CAPITOL SALES COMPAN 3.50
04821 CATCO CLUTH E TRANS 17.58
04822 R. L CHRI-STELA TRUCK-IN 168.50
04823 -CUES INC-' 97.91
04824 DAV I ES WATER -EQU'I PME 450.84-
04825 H E ERICKSON CU INC 13.04
04826 FEED RITE CONTROLS. 167.50
04827 FIRESTONE TIRE CO 313.25
04828 GARELICK STEEL CO 29.25
04829 GATEWAY HARDWARE 247.75
04830 GENUINE PARTS CO 58. 38
04831 GOODIN COMPANY 742. 10
04832 HALLING BROS 31.00
04833 HAWKINS CHEMICAL 185. 13
04834 HEALY LABORATORIES 68.00
04835 HENNF?IN CTY FINANCE 19445. 76
D4a36 HENN CO SHERIFF 26.00
04837 1CMA 214,.80
• U4838 INTERNATIONAL HARVES 11. 10
04839 J C AUTO SUPPLY 29.49
04840 JONES CHEMICAL 219.00
04841 LA.YNE MINNESOTA C11 215.00
04842 LEAGUE OF MINNESOTA 30.00:-
04843 - L ILL IE SUBURBAN NEWS 33.44
04.1144 M B' SUPPLY CO 54. 75
04845 MAPSI 184.00
04846 MEDICAL OXYGEN EQUIP 72.88
04847 MELS VAN 0 LITE 75.56
04848 METRO WASTE CONTROL 219720.56-
04849 MIDWEST ASPHALT CORP 810. 1.3
04850 MIDWEST PAINT MFG CO 27. 72
04851 MANAR FORD INC 13.80
04852 MINN COMM- ' 27.75
04853 NELSON OFFICE SUPPLY 24.80
04854 AORTHFIELO COMPANY- 76.50
04855 PENNSYLV-AN I A Ol L CCM 780.95
04856 RICHARD PFEIFFER 6.48
04857 SPRING LK PK LUMBER 161.02
04858 - STATE TREASURER 428'.94
i 04859 DON ,STRE IC.HER GUNS .I 100, 00
04860 T.S.B. .COMP.UTER CENT 306.02
0.4861 TRACY 'PR.IN.TING .521.70
04862 TW-IN- TIRES 27.,17
04.863 UN.ITOG RENTAL SYSTEM 176:40
04864` WARNER TRUE.-VALUE HO 15.26
04865 WATER PRODUCTS COMPA 60e15
i
ST ANTHCMY A/P CHECK REGISTER DATE 06-14-
- CHECK VENDOR AMOUNT
04.866 WYATT BROS INC 1 .699. 78
04867 ZEP MFG CO 19.20
04868 ZIEGLER INC 372.49
04869 BEAR EQUIP CO 112.20
04870 STANDARU SPRING CO 173.50
0.4871 HOTSY EQUIPMENT 23.95
04872 D ' W HARSTAD CO INC 668.00
04873 WILENSKY AUTO PARTS 1 .045.00
04874 RITE WAY MOTOR PARTS 228. 15
04875 JIM HATCH SALES 53.90
0:4876 CAPITOL ELECTRONICS 19.00
04877 FADDEN PUMP CO 872. 30
04878 SHERIFFS DEPT 278.90
04879 SAFEwAY SLING CO 8.10
04880 LONG LK FORD TRACTOR 26.71
04881 HERBERT HFIDENSON 15.00
04882 CURTIS VORDA,HL 15.00
04883 RCBINSON LANDSCAPING 67.80 .
04884 HUBERT-MARTIA 225.00
0488.5 MICHAEL SPIELwANN 75.00
04886 IRENE A CARSON 50.00
04887 CITY OF WHITE BEAR 15.00
04888 M A M A 38.00
04889 LABOR RELATIONS 473.00
ti 04890 CHAPIN PUBLISHING 81.60
04891 COPY DUPLICATING 1 .004.;56
04892 AMERICAV PLANNING 75..00
i 04893 AORWEST BK MPLS NA 6. 788.40
04894 wENUELLS 78. 30
04895 CAPITOL ELECTRONICS 20.75
04896 GLASS. SRV CO INC 21.37
FINAL TOTAL 45.647.05 #
1
r
LAW OFFICES STATEMENT OF ACCOUNT
EDWARD J. HANCE
• SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE: May 20 , 1983
-
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS.MINNESOTA 55418
City of St. Anthony PLEASE DETACH AND RETURN THIS
c/o David Childs , City Manager PORTION WITH YOUR REMITTANCE.
3301 Silver Lake Road
St. Anthony, Minnesota 55418
AMOUNT REMITTED $
RE : St. Anthony Prosecutions (Prior to May 1, 1983)
-----------------------------------------------------..............--------------------------- --------
DATE DESCRIPTION • $
PAYMENTS
CREDITS & ACCOUNT ADJUSTMENTS
UNPAID PREVIOUS BALANCE
FINANCE CHARGE
PROFESSIONAL SERVICES
Please see attached itemization $1 ,500 .00
CURRENT FEES
$ 1,500. 00
MINIMUM PAYME *DUE $.
Accounts due upon presentment of statement. A FINANCE CHARGE at a periodic rate of 11/3% per month,equaling an AN-
NUAL PERCENTAGE RATE of 16% will be imposed upon any Unpaid Previous Balance greate%than $1.00, with a minimum
FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at t.',"l i� Jf each billing cycle, if
the balance for that billing cycle was not paid in full within 30 days.
NOTICE:See reverse side for important information.
LAW OFFICES STATEMENT OF ACCOUNT
EDWARD J. HANCE
• SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE:
2401 LOWRY AVENUE NORTHEAST May 25, 19 8 3
MINNEAPOLIS.MINNESOTA 55418
City of St. Anthony PLEASE DETACH AND RETURN THIS
c/o David Childs , City Manager PORTION WITH YOUR REMITTANCE.
3301 Silver Lake Road
St. Anthony, Minnesota 55418
AMOUNT REMITTED $
RE : St. Anthony Prosecutions - Month of May, 1983
---------------------------------------------------------------------------------------------------------
DATE DESCRIPTION • $
PAYMENTS
CREDITS & ACCOUNT ADJUSTMENTS
• UNPAID PREVIOUS BALANCE
FINANCE CHARGE
PROFESSIONAL SERVICES $1 ,500. 00
COSTS INCURRED: Copying Costs 22. 85
CURRENT FEES
' $ 1,522. 85
MINIMUM PAYMENT DUE' $.
•
Accounts due upon presentment of statement. A FINANCE CHARGE at a periodic rate of 11/3% per month,equaling an AN-
Nt-,AL_PERCENTAGE RATE of 16% will be imposed upon any Unpaid Previous Balance greater than $1.00, with a minimum
iARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle, If
the balance for that billing cycle was not paid in full within 30 days.
NOTICE:See reverse side for important information.
•
CITY OF ST. ANTHONY
ORDINANCE 1983-003
AN ORDINANCE AMENDING ORDINANCE 1982-009
KNOWN AS THE CABLE COMMUNICATIONS ORDINANCE
The City Council "of the City of St. Anthony ordains :
Article I. , Section II. 0. of Cable Communications Ordinance
1982-009 is amended to read:
0. "Offering of Grantee" or "Offering" shall mean that certain
document dated October 1, 1981 , entitled "Application for
Cable Television Franchise" and signed by Grantee, as
amended from time to time by mutual written agreement
between Grantee and City or its delegatee , which document
is on file with the City Clerk.
•
Mayor
ATTEST:
City Clerk
First Reading: March 22 , 1983
Second Reading: April 12 , 1983
Adopted: June 14 , 1983
Published in the St. Anthony Bulletin on
•
E �1
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
------------------------------------------------------------------------
• Date Submitted Type of Action Requested Agenda Item Number
Resolution Reports-3a
June 2, 1983 Ordinance -
Date Action Requested Formal Action/Motion Title Fire Department
—X Other
June 14 1983 LRf ormat i'ona 1 Monthly Report-May. 1_983
------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: Lee Entner, Fire Chief
--------------------------------------------------------------------- —
SUMNIARY DISCUSSION OF SUBJECT:
Cardiac problems 3 DOA 1
Open wounds 3 Burn 1
Abdominal problems 2 Contusion/blunt injury 1
Respiratory problems 2 Fracture-closed 1
Alcohol abuse 2 Ring removal 1
Convulsions/seizures 1 Simple fainting 1
Confusion/Anxiety/agitation 1
Drug abuse 1
• Paralysis/stroke 1
Pain 1
FISCAL IMPACT:
ALTERNATIVES :
RECOMMENDATION:
• TY MANAGER' S REVIE : COMMENTS :
JZ Z- 1
ST.* AlITHOITY FIRE DEPARWIENT
MONTHLY REPORT
COMPANY
RUN DATE LOCATION LOSS REMARKS AT FIRST ;SPECIAL COMPANY
NO. FIRES , AID. . . )UTY INS T.
HRS 'PRIN- HRS IMIN HRS' :+:ITJ HRS P9IP1
pp_c iii pJV
_ Z
O
i
I
i
i
ST. AiITHOIdY FIRE DEPAI'.TI IM411'
110I4THLY REPORT
CoI9PANY Ca 9 So - S/ - P2 - 90 /�'IAy /2 A3
RUN DATE LOCATIOU LOSS REMARRS AT FIRST 7SPECIiU- COMPANY
NO. FIRES AID )UTY INSPT.
HRS PIIN HRS IMIN HRS �,IIIJ HRS, P1IN
TY
S-� 80 ,4. c--vP 4u 00
a ? S-Q7 PSol o - ouTtE 3O
3 # - 1461991 38
� f I
30 ® 2 0 0
3D0 s'3o o2Goo - 017TA V.G. � .r1�D v4[_ Gtierr P.4.•�/ I �d
o {� L
I .
- i
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1
ST. APT1I011Y FIRE DEPARTIIENT
11014THLY REPORT
COMPANY��9���-- �/- A2 - 90
RUN DATE LOCATION LOSS REMARKS AT FIRST iSPECIAL COMPANY
NO. FIRES AID )UTY INSPT.
HRS IMIN HRS IMIN HRS IlI11 MRS IMIN
C4. Ro - ?Nag o D
Sc�oo l DO
Scti 130
g s o
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S- ao 01 - luticsi S
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a1 = f 0 5' S'lVe.- Gw a 203 hled'.�c- 7 �
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02 S- ZdtiE
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ST. AI]THONY FIRE DEPARTMENrLi
MONTHLY REPORT, '- ':.*,
COPPANY l�SRo 3
RUN DATE LOCATION LOSS REHARKS AT FIRST JSPECIaL COMPANY
NO. FIRES AID )UTY IA'SPT.
HRS I'IN HRS 11M HRS �-!ITJ HRS ?lIN
d� r� - 12W&L �S
a60 '1-2 35�
3
o� 2
5_-0- i-10 j16 BOSS R.&
. i
b3 -J 3 sP c 3S S'v
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z ,,, ! ,,,s Fkrc 3 o o
9 r7 6-17
301
f,
ST. AI]THOlJY FIRE DEPARTMENT
MONTHLY REPORT
COHPANY (gg7�1 '8O'�I`�Z— Cj0 PAPr{ I�iB�
RUN DATE LOCATION LOSS REMARKS AT FIRST- ;SPECIAL COMPANY
NO. FIRES AID )UTY INSPT.
HRS IMIN HRS IMIN HRS ."•IIII HRS HIN
u -
�75
a3 N r o
�y S-
�YS T-
q 281Q cn..) v -
v2`�
V. ASS .•�t74c�c
.2 7 s-s s 11op1STcWAglr9 sc.Y Q �
Cv �
l
a y s--7 S Tc.L v c G -
;?So S= 9 ! ! S
szvj
u i cc wss 30 00
�s� S- 9 APRcH
�S3 S• A s I EdL, d- s
S S= S
a5S':5 `10 rc xns t�7` - /�'l,�sc. Qu 'c / 30 / oo
• RhVE°!UE•UrMARY DATE 04-30-83• r 1
ST ANTHONY J
r � r
PERCENT
ANTICI✓ATF.7 COLLECTED) COLLECTED COLLECTED UNCOLLECTED
REVENUL THIS MCNTH YR TC DATE TO LATE BALANCE
GENERAL FU74D
PROPERTY TAXES 642,072.00 6,624.89 6,624.84 1.03 635,447.11
( LICENSES 89000.00 411.00 6,452.UC 80.65 1,548.00
PERMITS 109000.00 1,119.50 6,523.50 65.23 3,476.50
INTERGOVERNMENTAL REVENUE 292,061.00 52,979.48 18.13 239,081.52
FINES, FORFEITS 6 PENALII 40,000.00 4,575.7'; 11.43 35,424.25
MISCELLANtDUS REVENUES 60,000.00 1,718.61 I1.813.OP 19.68 48,186.92
NON-R5VFN1JC 395,000.00 48,125.OU 12.18 346,875.00
FWjr) T 1j447,133.00 9,874.00 137.093.7o 9.47 1,310,039.30
RFVr -,HARIN,; FUND
RGVENUt SHARI':`.; 30,000.00 8,219.00 8,219.01; 27.39 2L,781.00
FUND TOTALS 301000.00 8,219.00 11,219.0:) 2/.39 21,781.00
H 4 A FUNS
✓::GPFtIY T:CcS 95.52 `75.51 95.52CR
FU^1 L` TOT.A�i 95.52 15.5: 95.52CR
CAPITAL k9UI✓MLNT FLINO
i
CAPITAL E: If' _NT 50,h 50,650.00
1
ST ANTHONY REVENUE - SUMMARY DATE 04-30-83
PERCENT
ANIICIPATF ) COLLECTFD CCLLECTED COLLECTED UNCOLLECTED
REVENUE THIS MONTH YR TO DATE TO DATE BALANCE
FUND TCT.ILS 50,650.00 50.650.00
IMPROVEMENT BONDS - 1961
INTEREST ON ASSESSMENTS 912.76 912.76 912.76CR
FUND TOTALS 912.76 912.16 912.76CR
IMPRV BONDS - 1963 G 1966
MISCELL?-• -VENUES 464.60 464.60 464.60CR
13ONCS - 1463 G 1968 84.54 84.54CR
FUND TOTALS 464.60 549.14 549.14CR
IMPROVEMENT 9UNDS - 1973.
BONDS - 1473 23.88 370.70 320.7CCR
FUND TOTALS 23.88 120. 1;: 320.70CR
SEWER FUND
SEWER 300,640.00 68.240.03 613,240.08 22.69 232,399.92
FUND IJT4LS 300,640.00 68,240.09 68,24 0.1 22.64 232,399.92
WATFR FUND
WATER 215,000.0) 32,171.25 32,177.25 14.96 182#822.75
FU'JO I1)TILS 215,0)•.1.00 32,177.!5 32.177.2` 1'..96 182,622.75
i
l
ST ANTHON0 REVENUE -9MMARY DATE 04-30-83
- PERCENT
-'"--'- AVTICIPATFD COLLECTED COLLECTED COLLECTED UNCOLLECTED
REVENUE. THIS MONTH YR TO DATE TO DATE BALANCE
i GRANU TOTALS 21043,421.00 120,007.09 247,608.15 12.11 1,795,814.85
i
C
i1
i
• ST ANTHONY EXPFNSE OMMARY OATE 0lk-83
r
PERCENT
UNPAID EXPENDED REMAINING
BUDGET S:IE4T THIS MO. SPV.NT YR TO DATE C6LIGAT1ONS TO DATE BALANCE r
GENERAL FUND
r
MAYOR COUNCIL 35.250.00 2,151.34 8.519.64 24.16 26,730.36
GENERAL MANAGEMENT 58,595.00 4.798.28 16,827.66 28.71 41,772.34
ELECTWNS 1,200.00
1,2[0.00
FINANCE-14SUR L ACCTNG 94,485.UO 29545.46 18,394.70 19.46 76,090.30
FINANCE—ASSESSING 18.030.00 189.64 761.75 4.22 17.268.25
LEGAL 27,600.00 2,10.70 4,316.22 15.63 23,283.78
ENGR.—PLANNING f 2,840.00 10.00 20.45 .71 2,819.55
CITY CU11" 92,115.00 4,771.21 25,141.88 27.29 66,973.12
CIVi' LfC:4SE'' :5,305.^C 1,166.80 4,261.85 16.84 21,043.15
1
LICE PR^TECf10N 447,921.00 12,112.34 123.290.78 27.52 324.640.22
FIRE PROTECTION 253,557.00 24,370.30 74.451.60 31.33 1749LC5.40
ItiSP—CLUi:,PLMtT,HTNG,HLfi, 12,725.110 H79.43 3,264.09 25.65 9,460.91
1
A'11NAL f,C.':fR i. 1.750.00 5$.00 208.00 11.88 1,542.CC
^UHLIC WC(KS 2.45,9617.00 16,949.50 6'„C3',.26 26.45 180,444.74
P6 WRKa—[JP!iR MAINT/REP Ec: 81,W0.0J 2,958.63 1.1,195.93 23.69 61,824.07
i
TIIFv .ANN) -Fl-F) CART 12,4 r.Cn 671.54 1,64i.08 24.42 9.416.92
Ll
i
ST ANTHONY FKPENSF - SUMMAaY DATE 04-30-83
PERCENT
-` UNPAID EXPENDED REMAINING
( BUDGET SPENT THIS MO. SPENT YR TO DATE COLIGA71ONS TO DATE BALANCE �
PARKS 34,970.00 1,632.01 5,041.63 14.41 29028.37
r
FUND TOTAL 19445,803.00 91,414.22 376,759.52 26.05 1,069,043.48
r 'REVENUE SHARING FUND
REVENUE SHARING 30,000.00 309OCO.00
FUND TOTAL 109000.03 309000.CC
i M R A FUND
REIMBURSEMENT 576.60 1,385.71 1,385.71CR
l C
FUND Tr' _ 576.60 1,385.71 19385.71CR
CAPITAL EJUIPMENT FUND
CAPITAL EQUIPMENT 50,650.00 8,265.60 16.31 42,384.40
r (.
FUND TOTAL 50,650.00 8,265.60 16.31 429384.40
IMPRV BCNDS - 1963 6 1968
I"oo3 L I-)68 27.10 25.10CR
1
FUND TOTAL 25.10 25.LOCR
IN.PRCVEM,ENT BCNDS - 1973
BONDS - 1,473 69,x70.'85 69,970.85CR
I
FUN•J TOTAL 69,9/0.(15 69,970.85CR
1
r
( 1 1
1
ST ANTHONY F%PENSU *MARY DATE 04�83 �
PERCENT +.
UNPAID EXPENDED REMAINING
BUDGET SPENT THIS MU. SPENT YR TO DATE URI.I GAT IONS TO DATE BALANCE r
SEWER FUND r I
SEWER 340,430.00 26,741.31 104,990.43 30.84 235,439.57
( FUND I LIT AL 340,430.00 26.741:31 104.990.43 30.84 235,439.57
LWATER FUNC
WATER 215,685.00 18,356.94 53,028.44 24.58 162,656.56
(" FUND TOTAL 215,685.00 18,356.94 53-,028.44 24.58 1629656.56
GRAND TUTAL 2,0829568.00 143,089.07 614,425.65 29.50 1,4689142.35
( I
j
' 1
SALES SUMMARY MAY 1983
STORE ONE STORE Two
COMBINED ON SALE OFF SALE SPEAKEASY ON SALE OFF SALE
SALES — May '83 177,198.25 31,968.16 63,526.65 2,205.38 17,964.11 61,533.95
SALES — May 182 200,366.20 36,135.52 76,522.85 3,486.95 .17,213.67 67,007.21
INCREASE S 23,167.95* 4,167.36* 12,996.20* 1,281.57* 750.44 5,473.26*
INCREASE % 11.56%* 11.537.* 16.987.* 36.77%* 4.36% 8.17%*
SALES — 5 Mos. '83 903,311.97 161,110.58 320,453.07 12,666.60 99,666.99 309,414.73
SALES — 5 Mos. '82 9869658.17 185,096.10 347,609.30 21,386.32 101,956.18 330,610.27
INCREASE a 83,346.20* 23,985.52* 27,156.23* 8,719.72* 2,289.19* 219195.54*
INCREASE % 8.45%* 12.967.* 7.81°x* 40.77°6* 2.25%* 6.417.*
* DECREASE
3
INDEPENDENT SCHOOL DISTRICT NO. 282
ST. ANTHONY - NEW BRIGHTON
3303 • 33RD AVENUE NORTHEAST. MINNEAPOLIS. MINNESOTA 58418
•
MINUTES
ST. ANTHONY CHEMICAL ABUSE INFORMATION COMMITTEE
May 10, 1983 - 7:00 P. M.
I
Members present: Evelyn Holthus, Karen Thoresen-Quinn, Jan Stroom,
Joe and Barb Malrick, Jean'Klosterman, Don Hickerson.
The meeting was called to order by president Jean Klosterman. Minutes
were read and approved. Treasurer Is report was read.
Disbursements: $500.00 - "Balancing Act"
59.93,,-,Wisconsin Clearing House(booklets)
Current Balance: $1,232.50
Evelyn and Karen presented a draft of the brochure for the liquor store.
The committee proof read it and made some changes: ° A snack recipe was
deleted and a non-alcoholic drink and punch recipe was added. Evelyn met
with Ray Hanson, liquor store manager this afternoon to get approval on the
• brochure contents. Evelyn and Jan are to check out the cost on 2,000-3,000
pieces at Apache and Tracy printing and order.
Persons commented on "The Balancing Act", a drama shown to 7-12 grades,
May 10th. Some felt it should be discussed more with students. Actors felt
audience reaction was "good" or as. expected.
.Jean Klosterman checked about date for city newsletter. It will be sent
out in July. We need to prepare article on what we have done by June meeting
and get to Connie or Dave at City Hall. Jean also gave Community Services
emergency phone numbers to place on the cover of Community Services bulletin.
Evelyn presented an article on keggers from a Bloomington paper and asked
if committee would support a similar article in the Bulletin and Focus. The
cotimlittee agreed.
Evelyn. will get workbooks on "The Religious Community d Chemical Health"
for St. Anthony churches.
The last of the cards with emergency numbers were given to Don Hickerson
to pass out by the police at classes they are holding. More cards need to be
ordered. Evelyn and Jan will reorder when brochure is ordered.
A program and town meeting called "The Chemical People" is scheduled for
all of Minnesota in November of 1983. Evelyn will attend a planning session
on June 6 and inform the committee of possible role.
• The next meeting will be on Wednesday, June 8th..
Minutes submitted by Joe Malrick.
I
Agenda Item Reports-3e Status Informational
•
MEMORANDUM
DATE: June 8, 1983
TO: David Childs , City Manager
FROM: Larry Hamer, Public [corks Director
SUBJECT: Sanitary Sewer - 33rd Avenue N.E .
----------------------------------------------------------------------
As you are aware, the sanitary sewer in front of the high school
collapsed. At the time this occurred, we were using New Brighton' s
jet machine and the collapse caused the hose from the machine to be
buried.
The sewer is 22 feet deep and required a large machine to reach that
• depth. Several contractors were contacted, with charges ranging from
$150 to $400 per hour to rent the necessary machine . Most contractors
indicated their machines were in use , however we did find one avail-
able for $150 per hour, which price included two laborers to install
the pipe . Digging and replacing the line will take two to three
days and Public Works employees will do all the restoration.
Due to the depth of the construction, cost, and probable settling ,
we will temporarily black top the road .
Costs for this repair are not in the 1983 Sewer budget, however, I
will attempt to cover as much of the cost as possible out of the 1983
budget. I will include costs for the road construction in the 1984
budget.
LH/cjk
•
Agenda Item Reports-4a Status Informational
• MEMORANDUM
DATE: June 8 , 1983
TO: David Childs , City Manager
Department Heads
FROM: Connie Kroeplin, Secretary
SUBJECT: Staff Pleeting Notes June 7 , 1983
The meeting commenced .at 10 : 10 A.M. Those present were Larry Hamer,
Dave Childs , Lee Entner , Carol Johnson , Don Hickerson, Ray Nelson and
Connie Kroeplin.
Pertaining to the land acquisition for the Kenzie Terrace redevelopment
project, Lee Entner said G & G Body Shop had indicated they will
leave the two underground gas tanks in place . This would mean they
would have to be removed after the land is acquired.
The Hennepin County contract for assessing services has been received
by Carol Johnson. She noted they have changed their method for charges .
In the past, a flat rate was charged (last year amounted to approximately
• $15 , 000) ; they are now basing their charges on the value of the homes
( $17 , 100 this year) .
As a point of information, Ray Nelson noted statistics indicated the
football strike last year cost the State 20 , 000 bottles of liquor for
each game which would have been played at the Metrodome.
A change in the fee schedule for building permits was discussed by
Larry Hamer . He stated problems have arisen when there are no labor
costs and the material costs are under $500 . He feels there should be
a minimum charge for the inspection and will set up a schedule/
guideline for charges (possibly based on a set amount per square foot
and the type of construction being done) . It would also be helpful
if City employees observe construction within the City , they would note
the address in order to check if a permit was taken out . Mr. Hamer
also requested all calls regarding building permits/inspections be
referred to Harry Lekson , the Building Inspector and the caller should
be informed Mr. Lekson is in the office Tuesday and Thursday mornings .
Paperwork for the permits can be done by Mr. Lekson.
Mr. Hamer said the water tower should be ready by June 9th and he
will request Schuman Bros . write a letter- indicat:ing such. Work on
the watermain along Stinson Boulevard has been delayed- about a
week due to the collapse of the sanitary -sewer line in front -of the
high school .
• He .-also -said 'CETA youths will be avai.lable- to the Department Heads
if they have odd jobs needing to be done.
-2-
Community Services Director , Tom McMullen, informed Dave Childs money •
will be available for temporary full time employment (18 months)
through the Federal Jobs Bill.
Mr. Childs then requested the Department Heads have their preliminary
budget worksheets ready for review by the first week in July . He
then went on to discuss agenda items for the Council ' s June 14th meet-
ing.
1. Franchise with Minnegasco.
2. Change order on bridge.
3. CDBG amendment, based on auditor ' s findings .
4 . Representatives from the Cable T.V. company and the 3rd reading
of the Cable Amendment Ordinance.
5 . Last year 2 resolutions were approved authorizing the transfer of
funds from the Capital Outlay fund to the General Fund. This was
not done at the time and it was suggested the funds remain in the
Capital Outlay fund, which would require Council rescind the two
previous resolutions .
6 . Chemical Abuse Information Committee minutes .
7. Resolution authorizing City Manager' s signature on application for
Police Department training funds . '
8 . Summary of sanitary sewer line collapse on 33rd Avenue N.E.
There was a lengthy discussion concerning mobile radios and the lack
of need for new replacements . The City leases the mobiles from
Hennepin County . The County has complete control over the system.
They are requiring the City to purchase new radios at a large expense
to the City and have refused to sell the used radios , at this point .
The City has experienced little trouble with the radios they are
leasing and it is felt the County is placing an undue expense upon
the City by requiring them to purchase new ones .
The H. R...A. will meet following the regular June 14th Council meeting
to set just compensation for the property the City will buy in the
Kenzie Terrace area.
The meeting adjourned at 11 : 20 A.M .
cjk
•
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
------------------------------------------------------------------------
Date Submitted Type of Action .Requested Agenda Item Number
Resolution Reports-4b
June 9, 1983 Ordinance
Date Action Requested X Formal Action/Motion Title C i ty's Radio
Other
June 14, 1983 Information/Motion Equipment
------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: David M. Childs, City Manager
-------------------------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT: The attached memo from Hennepin County details
the cost proposals for new. radio equipment for municipalities , including the
St. Anthony Police and Fire Departments , Under the proposal we would be required to
buy new radios from the County and use their maintenance facilities if we wish to
continue under their dispatching umbrella. Since we have not been experiencing
excessive repairs and/or breakdown problems with the current radios , we feel that
the requirement to buy new radios at this time is not reasonable or acceptable.
FISCAL IMPACT: Initially, the additional annual costs would be approximately
$1 ,400.00 per year for the next eight years , depending upon the final costs .
ALTERNATIVES : We would like to propose to the County that we be allowed to purchase
from the County the radios we presently use at their 10% residual value , or at an
amount equal to the trade- in or auction value of the radios that the County will be
replacing . The current radios would be compatible with the system and should
be acceptable for our use for years to come.
RECOMMENDATION: That the Council pass a motion asking the County Commissioners
in this time of tight budgets to consider our proposal in light of the fact that
even though all the radios in the system won' t be brand new and all the same
color , the St. Anthony system will continue to be functional and can be updated ,
as needed, by the City over a period of years.
CI Y MANAGER' S REVIEW: COMMENTS :
it
DATA PROCESSING
ii.......,os
A Level Government Center
Minneapolis, Minnesota 55487
HENNEPIN
June 2, 1983
Mr. David Childs
St. Anthony Manager
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Childs:
As you are aware, Hennepin County has been going through the process of acquiring
new mobile radios which municipalities will use in their emergency vehicles. The
present status of the procurement is that the bid specifications will be issued to
vendors the second week in June with the bid opening taking place by the end of the
• month. The standard radio will be that described in my March 20, 1983, letter to you.
- - — After two-mailings to-all municipalities using-the program, a meeting in March,-and-an
analysis of the written, responses received, -the following lease structure will be
proposed to the Hennepin County Board of Commissioners.
Financing Terms - Replacement Factor
o Users will repay the County for the purchase price of the radio less a 10%
residual value. This amount, called the replacement factor, will be spread
out over eight years. If a radio costs $1,100, the replacement factor will be
calculated as follows:
1100 - 110 = $123.75/yr for 8 years
8
No charge will be made for interest.
o After 8 years the replacement factor will be $1/year for the remaining years
in use.
o Any options requested by a user. from an approved list will be at additional
cost. The full cost of the options (with no residual value) will be paid back to
the County over the same eight year period.
o The County will continue to own the radios and manage the system and the
equipment.
HEN N ^`lN-COUNTY
an equal opportunity employer
Financing Terms - Maintenance Charge
As before, a prepaid maintenance agreement will be available based on prior •
years' costs. Parts will be charged at current or projected cost, not historical
cost. Maintenance work on optional features will be charged on a time and
materials basis.
The Maintenance Charge will continue each year the radio is in use.
Lease Terms
• The County will ask municipalities to commit to use of the new equipment
purchased for them for four years. If a user wants to return equipment to the
County prior to 4 years, they would, owe the County for one half the
replacement factor less any amount already paid for the basic radio. After
four years, the user would go on a year-to-year lease and could drop off the
system at the end of any year with no further obligation.
• Options .must be paid for in full. If a user has ordered optional features and
drops off the system at the end of four years, they must pay the full cost of
the options.
• These terms attempt to split equally, between the County and the using
municipality, the commitment to using the equipment.
Additional Considerations
o The charges will be billed and payable at the beginning of the year. Since •
equipment can no longer be turned back mid-year, necessitating billing
changes, there is no reason to delay billing to year end.
The Sheriff's Dispatch Users' Advisory Board reviewed and approved this plan at its
May 25, 1983 meeting. In addition, if your municipality has any comments which you
would like included in the package that goes to the Board of Commissioners, please
submit them to me by June 15, 1983.
County Administration thanks you for your input during the acquisition process.
Hopefully, the proposed lease plan and the radio specifications satisfy as many
concerns and objectives as possible. Should you have any further questions or
comments please call me at 348-3234.
Cordially,
Z4ack L. Shomenta
Director of Information Services
JLS:vm j
cc: Don Nickerson, Chief of Police
Lee Entner, Fire Chief
• NOTICE OF.. PUBLIC HEARING
CITY OF ST. ANTHONY
Notice is hereby given that Hennepin County and the City of St. Anthony
pursuant to Title I of the Housing and Community Development Act of
1974 , as amended, .are sponsoring a public- hearing before the City
Council, Tuesday,. June 14, 1983 at 7:40 P.M. in the City Council
Chambers , 3301 Silver- Lake Road, to obtain the views of citizens on
local and Urban County housing and community development needs and to
provide citizens with the opportunity to comment on the City of
St. Anthony's proposal to amend its Year VII Urban Hennepin County
Community Development Block Grant planning allocation.
The City of St. Anthony is proposing the following changes in al-
location of Year VII Urban Hennepin County CDBG funds .
Present Proposed
Allocation Allocation
Year VII Site Acquisition/Assisted $40 , 000 $36 ,459
Housing
Year VII Comprehensive Plan - 1, 843
Year VII Walbon Redevelopment Study 400
• Year VII Kenzie Terrace Study 1, 298
For additional information on proposed activities , level of funding
and program objectives , contact the City of St. Anthony, 3301 Silver
Lake Road, St. Anthony, MN 55418, 789-8881.
The public hearing is being held in accord with the Urban Hennepin
County Joint Cooperation Agreement pursuant to M.S . 471. 59 .
Publish: June 2 , 1983
David M. Childs
City Manager
L,-rD
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
-------------------------------------------------------------------------
• Date Submitted Type of Action Requested Agenda Item Number
X Resolution New Business-1
June 7 , 1983 Ordinance
Date Action Requested Formal Action/Motion Title Police Depart-
Other ment Training Funds
June 14 , 1983 Applications
------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: Don Hickerson, Chief of Police
------------------------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT: Designation of a signatory for City
applications to State of Minnesota for reimbursement of training funds .
• FISCAL IMPACT: Will receive funds from State of Minnesota for police
training.
ALTERNATIVES :
RECOMMENDATION : Recommend resolution be adopted.
• CITY MANAGER' S REVIEW: COMMENTS :
•
RESOLUTION 83-031
A RESOLUTION DESIGNATING A SIGNATORY
FOR APPLICATION FOR STATE OF MINNESOTA
TRAINING REIMBURSEMENT FUNDS
WHEREAS , the State of Minnesota requires the signature of the
chief law . enforcement officer of each municipality and an officer
other than the chief law enforcement officer designated by the
governing body on all applications for training reimbursement
funds.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
St. Anthony designates City Manager David M. Childs as a signatory
for the City application for training fund reimbursement.
• Adopted this day of 1983.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
` CITY OF ST. . ANTHONY
REQUEST FOR CITY COUNCIL ACTION
------------------------------------------------------------------------
• Date Submitted Type of Action Requested Agenda Item Number
X Resolution New Business-2
June 9, 1983 Ordinance
Date Action Requested Formal Action/Motion Title 7 County Fire
0 the r Department Joint Powers
June 14, 1983 Purchasing Consortium
------------------------------------------------------------------------
TO: Mayor and Councilmen
FROM: Lee Entner, Fire Chief
------------------------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT_: The attached resolution was drawn up for
each fire Department participating in the Seven County Fire Department Joint
Powers Purchasing Consortium. Council approval from each City concerned is required.
FISCAL IMPACT:
ALTERNATIVES :
RECOMMENDATION : Recommend approval .
C TY MANAGER' S REVIEW: COMMENTS :
C6, A��
•
RESOLUTION 83-032
A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE
PURCHASING OF FIRE FIGHTING EQUIPMENT BY THE
SEVEN COUNTY FIRE DEPARTMENT JOINT POWERS
PURCHASING CONSORTIUM
.BE IT RESOLVED by the City of St. Anthony as follows :
WHEREAS, the City of St. Anthony maintains and operates a fire
department; and
WHEREAS, there -exists a need and desire of fire departments through-
out the seven county metro area to achieve economies of scale that
can be accomplished through cooperative and/or joint purchasing of
fire department supplies and- equipment; and
WHEREAS, the City . of St. Anthony considers it to be in the best
interests of the City to participate with our fire departments in
the seven county metro area in cooperative and/or joint purchase
of fire department supplies and equipment.
• NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony
through its Fire Chief does hereby authorize the participation
of its fire department in cooperative and/or joint purchase of fire
department equipment and supplies , through or with other member
departments of the Seven County Metro Area Fire Departments Joint
and Cooperative Purchasing Consortium.
Adopted this day of 1983 .
Mayor
ATTEST:
Reviewed for administration:
City Manager
•
CITY OF ST. ANvIONY
REQUEST FOR CITY COUNCIL ACTION
-------------------------------------------------------------------------
Date Submitted Type of Action .Requested Agenda Item Number
Resolution New Business-3
June 9, 1983 X Ordinance
Date Action Requested Formal Action/Motion Title Proposed Mi nne-
Other
June 14, 1983 gasco Franchise
i
i ------------------------------------------------------------------------
TO: Mayor and Councilmen
i
FROM : David M. Childs , City Manager
------------------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT: Attached is information relating to the
Franchise Agreement Renewal with Minnesgasco as recommended by the Suburban Rate
Authority, of which the City is a member. It represents a substantial revision
of Minnegasco' s renewal proposal which was slightly over two pages. The proposed
ordinance contains numerous safeguards for the City.
FISCAL IMPACT:
ALTERNATIVES :
RECOMMENDATION : Staff recommends the first reading of the ordinance.
• CITY MANAGER' S REVIEW: COMMENTS :
Members May 18, 1983
Bloomington
Brooklyn center Members of the Suburban Rate Authority:
Brooklyn Park
BurnsviZZe
Champlin For the past several months -a committee of the Suburban Rate Authority
columbia_Reights has been working with Minnegasco to produce a revision of the Suburban
Deephaven Rate Authority Uniform Gas Franchise. At its. April 20 Board meeting
Eden Prazrze the SRA Board of Directors approved a model ordinance. A copy is
Excelsior enclosed.
FridZey
Greenwood We expect that Minnegasco will accept the SRA model. The Board encour-
ages each city in which Minriegasco requires a franchise to use the SRA
Lakeland model , either presently or when a current franchise expires. Minnegasco
Lake St.Lroix Beach
auderdale has expressed. a willingness to consider surrendering its present fran-
Loretto chise in favor of the SRA Uniform Franchise in those cities in which
,%-nZe PZain the present franchises have a number of years to run. All cities are
'.'a�lewood encouraged to include the uniform expiration date of June 30, 2003 in
1derdota Heights
Minnetonka their new franchises to provide for a joint renegotiation at that time.
A,inne trio ta
,%ound The benefits of a uniform franchise have long been recognized. The
Mounds View
Now Brichton enclosed uniform franchise is quite similar to the original SRA Uniform
forth St. PauZ Franchise, negotiated over twenty years ago. SRA attorneys have previ-/
. osaeo ously sent each member a memorandum comparing the enclosed draft with ° A7
Plumouth
Rich eZa t_ e minnegasco proposal. If that is not readily available, a copy will
Fo sdale be sent to you on request .
?oseviZle
St. Ant;-ony The enclosure contains some changes from the draft sent to you with the
St. Louis Park o y
Shakopee earlier memorandum. These changes are rewordings for the purpose of
Shoreview clarity, or they are additional provisions favorable to the city.
Shorewocd
S-r'_na Park
I%aanais eeiirts Sections 1.4, 2. 1 , 2.4, 3.3 and 3.4 contain new wording, without sub-
victoria stantial changes of meaning intended.
Wauzatc
woocland The second paragraph has been added to Section 2.6 to provide an addi-
tional remedy for defaults of the company, and Section 4 now includes
"elected officials" within the group the company must indemnify and
defend. Sections 8 and 9 are new.
If there are any questions, please do not hesitate to contact either
myself (559-2800) or Glenn Purdue, the SRA attorney (333-0543) .
Encl.
Fred G. Moore
Chairman
• Suburban Rate Authority
3400 PZzymouth BouZevard, PZymouth, Minnesota 55447
tions. As in the previous uniform ordinance, emergency openings
UNIFORM GAS FRANCHISE 1 may be made without a permit, but application for a permit must
SUBSTANTIAL CHANGES TO FIRST MINNEGASCO DRAFT be made within two days of the opening.
Section 3.3 changes the company proposal which would have
Section 1.4 defines public ground so as to extend the protec- j required it to restore public ground to its previous condition
tion of a permit system to all public grounds, not-just streets. i "-insofar as reasonably possible," to now provide for restoration
It also includes "utility easements" as to which the city is I� to as good condition as formerly and that the company use reason-
trustee under law. This includes, for instance, plat dedications able care to maintain the restoration for two years. The revi-
of lot line strips for public utilities. sion also requires proper clean-up 'and allows the city to clean
Section 2 makes the expiration of all uniform franchises the up and restore, at the company's expense, if the company fails to
same date, approximately 20 years forward. Besides shortening do so. Besides charging the company its costs (including admin
the period from 25 years as proposed, this will allow renegotia- istrative fees) a liquidated damage of ten percent can be added
tions of a uniform franchise. The section also specifically if the city does the work.
subjects all construction activity of the company to zoning and Section 3.4 modifies the company's draft.3.3 by adding the
permit regulations of the city. Under the company draft, no second and.third full paragraphs, which are drawn from the corres-
mention was made of permitting or zoning requirements. ponding provisions in the previous SRA uniform franchise.
Section 2.4 adds a permissive franchise fee of up to five Section 3.5 adds the last clause to the corresponding com-
percent of the gross revenues from gas sales in the city. The pany draft paragraph, Section 3.4. The company objects to
provision is substantially taken from Burnsville's franchise bearing the cost of relocation to benefit private owners who
ordinance. It should be noted that under MPUC rules a franchise acquire former public ground following a vacation. Under the
fee must be shown separately on gas bills. company draft, however, even a relocation pursuant to a vacation
Section 3 is a substantial expansion of the company's pro- for a public purpose would require the city to pay the relocation
posal, and it is quite similar to the corresponding provision in cost. The SRA draft requires the company to bear relocation
the first SRA uniform franchise. Section 3.2 imposes a- permit costs where a vacation is for the benefit of the city and is for
requirement for opening public ground and allows a permit fee. a public purpose.
The permit allows the city to approve the construction proposed Section 3.6 has no corresponding section in the company
by the company. It also prohibits discriminatory permit condi- draft. It provides for notice to the company of permanent paving
2
j
projects in order to allow the company to make changes prior
{
thereto. It also allows the city-to order the installation of
services in certain situations. These provisions are principally
drawn from the former SRA uniform franchise.
Section 4 is a substantial expansion of the company pro-
posal. The principal addition is a duty to defend the city in
both claims and lawsuits.
j Section 6, as to severability, was added at the company's
{ suggestion.
i
Deleted from the company draft was its Section 7, which
6
• # purported to repeal "inconsistent" ordinances. This was deemed a
likely source of confusion or mischief.
E
f
3
SRA UNIFORM GAS FRANCHISE (MINNEGASCO) t 2.2. Effective Date; Written Acceptance. This franchise
Approved by SRA Board of Directors shall be in force and effect from and after its passage and
April 20, 1983 J publication as required by law, and,its acceptance by the Company
in writing filed with the Municipal Clerk within 60 days after
publication.
ORDINANCE NO. 1983-004
Hennepin 2.3. Nonexclusive Franchise. This is not an exclusive
CITY OF St. Anthony , Ramsey COUNTY, MINNESOTA franchise.
s
2.4. Franchise Fee. The Company may be required to pay to
An ordinance granting Minnegasco, Inc., a Minnesota corporation, the Municipality,in the manner and at a rate prescribed by a
its successors and assigns, a nonexclusive franchise to con- separate ordinance, a fee determined by collections from sales of
struct, operate, repair and maintain facilities and equipment for I Gas, but not to exceed 5% of the Company's gross revenues from
the transportation, distribution, manufacture and sale of gas the sale of Gas within the Municipality. Such ordinance may be
energy for public and private use and to use the public ground of adopted, amended, repealed or readopted at any time during the
the City of Minnesota for such purposes; and term of this franchise. The fee, if required, shall be effective
prescribing certain terms an conditions thereof. 90 days after written notice of the ordinance to the Company. No
such fee shall be effective as to sales made before January 1,
THE CITY COUNCIL OF St. Anthony ORDAINS: 1984. The fee shall be separately stated on gas bills rendered
to customers within the Municipality.
SECTION 1. DEFINITIONS. The following terms shall mean: 2.5. Publication Expense. The expense of publication of
this ordinance shall be paid by the Company.
1.1. Company. Minnegasco, Inc., a Minnesota corporation,
its successors and assigns. 2.6. Default. If the Company is in default in the perfor-
mance of any material part of this franchise for more than 90
1.2. Gas. Natural gas, manufactured gas, mixture of days after receiving written notice from the Municipality of such
natural gas and manufactured gas or other forms of gas energy. default, the Municipal Council may, by ordinance, terminate all
rights granted hereunder to the Company. The notice of default
1.3. Municipality, Municipal Council, Municipal Clerk. shall be in writing and shall specify the provisions of this
These terms mean respectively, the City of St. Anthony
franchise under which the default is claimed and state the bases
the Council of the City of St. Anthony and the C erc of the therefor. Such notice shall be served on the Company by per-
City of St. Anthony sonally delivering it to an officer thereof at its principal
place of business in Minnesota.
1.4. Public Ground. All streets, alleys, public ways,
utility easements and public grounds of the Municipality as to If the Company is in default as to any part of this fran-
which it has the right to grant the use to the Company. chise, the Municipality may, after reasonable notice to the
Company and the failure of the Company to cure the default within
SECTION 2. FRANCHISE GENERALLY, a reasonable time, take such action as may be reasonably neces-
sary to abate the condition caused by the default, and the Com-
2.1. Grant of Franchise. There is hereby granted to the pany agrees to reimburse the Municipality for all its reasonable
Company, from the effective date hereof through June 30, 2003, costs and for its costs of collection, including attorney fees.
the right to import, manufacture, transport, distribute and sell
gas for public and private use in the Municipality; and for these Nothing in this section shall bar the Company from chal-
purposes to. construct, operate, repair and maintain in, on, over, lenging the Municipality's claim that a default has occurred. In
under and -across the Public Ground of the Municipality, all the event of disagreement over the existence of a default, the
facilities and equipment used in connection therewith, and to do burden of proving the default shall be on the Municipality.
all things which are necessary or customary in the accomplishment
of these objectives, subject to zoning ordinances, other appli-
cable ordinances, permit procedures, customary practices, and the SECTION 3. CONDITIONS OF USE.
provisions of this franchise.
r; 3.1. Use of Public Ground. All utility facilities and
equipment of the Company shall be located, constructed, installed
and maintained so as not to endanger or unnecessarily interfere
2
I �
relocation cost. If the Company claims that it should be reim-
with the usual and customary traffic, travel, and use of public bursed for such relocation costs, it shall notify the ground, and shall be subject to permit
conditions of the Munici- i pality within thirty days after receipt of such order. The
Munici-
pality. The permit conditions may provide for the right of Municipality shall give the Company reasonable notice of plans
inspection by the Municipality, and the Company agrees to make requiring such relocation.
its facilities and equipment available for inspection at all
reasonable times and places. Nothing contained in this subsection shall require the
Company to remove and replace its mains or to cut and reconnect
3.2. Permit required. The Company shall not open or dis- ? its service pipe running from the main to a customer's premises
turb the surface of any public ground for any purpose without at its own expense where the removal and replacement or cutting
first having obtained a permit from the Municipality, for which and reconnecting is made for the purpose of a more expeditious
the Municipality may impose a reasonable fee to be paid by the operation for the construction or reconstruction of underground
Company. The permit conditions imposed on the Company shall not facilities; nor shall anything contained herein relieve any
be more burdensome than those imposed on other utilities for i person from liability arising out of the failure to exercise
similar facilities or work. The mains, services and other prop- I ` reasonable care to avoid damaging the Company's facilities while
erty placed pursuant to such permit shall be located as shall be performing any work in any Public Ground.
designated by the Municipality.
The Company- may, however, open and disturb the surface of 3.5. Relocation When Public Ground Vacated. The vacation
o f any Public Ground shall not operate to deprive the Company of
any public ground without a permit where an emergency exists the right to operate and maintain its facilities therein. Unless
requiring the immediate repair of its facilities. The Company in ordered under Section 3.4, the Company need not relocate until
such event shall request a permit not later than the second the reasonable cost of relocating and the loss and expense
working day thereafter. resulting from such relocation are first paid to the Company.
When the vacation is for the benefit of the Municipality in the
3.3. Restoration. Upon completion of any work requiring furtherance of a public purpose, the Company. shall relocate at
the opening of any Public Ground, the Company shall restore the i its own expense.
same, including paving and its foundations, to as good condition
as formerly, and shall exercise reasonable care to maintain the 3.6. Street Improvements, Paving or Resurfacing. The
same for two years thereafter in good condition. Said work shall Municipality shall give the Company reasonable written notice of
be completed as promptly as weather permits, and if the Company plans for street improvements where paving or resurfacing of a
shall not promptly perform and complete the work, remove all permanent nature is involved. The notice shall contain the
dirt, rubbish, equipment and material, and, put the Public Ground nature and character of the improvements, the .streets upon which
in good condition, the Municipality shall have the right to put the improvements are to be made, the extent of the improvements
it in good condition at the expense of the Company; and the and the time when the Municipality will start the work, and, if
Company shall, upon demand, pay to the Municipality the cost of more than one street is involved, the order in which this work is
such work done for or performed by the Municipality, including to proceed. The notice shall be given to the Company a suffi-
cient administrative expense and overhead, together with ten per- length of time, considering seasonable working conditions,
cent additional as liquidated damages. This remedy shall be in in advance of the actual commencement of the work to permit the
addition to any other remedy available to the Municipality. Company to make any additions, alterations or repairs to its
3.4. Relocation of Utility Facilities. The Company shall facilities the Company deems necessary.
promptly, with due regard for seasonal working conditions, per- In cases where streets are at final width and grade, and the
manently relocate its facilities or equipment whenever the Muni- Municipality has installed underground sewer and water mains and
cipality orders such relocation. If the relocation is a result service connections to the property line abutting the streets
of the proper exercise of the police_ power in grading, regrading, prior to a permanent paving or resurfacing of such streets, and
changing the location or shape- of or otherwise improving any the Company's main is located under such street, the Company may
Public Ground or constructing or reconstructing any sewer or be required to install gas service connections prior to such
water system therein, the relocation shall be at the expense of paving or resurfacing, whenever it is apparent that gas service
the Company. If the relocation is not a result of the proper
exercise of the police power, the relocation shall be at the will be required during the five years following the paving or expense of the Municipality.
If such relocation is done without resurfacing.
an agreement first being made as to who shall pay the relocation
cost, such relocation of the facilities by the Company shall not SECTION 4. INDEMNIFICATION. The Company shall indemnify, keep_
be construed as a waiver of its right to be reimbursed for the and hold the Municipality, its elected officials, officers,
i
3 4
i �
employees, and agents free and harmless from any and all claims SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. This. franchise su ercedes all previous franchises
and actions on account of injury or death of persons or damage to P P granted to the Company or its
property occasioned by the construction, maintenance, repair, predecessors.
removal, or operation of the Company's property located in, on,
over, under, or across the public ground of the Municipality, !
unless such injury or damage is the result of the negligence of I
the Municipality, its elected officials, employees, officers, or i Passed and approved
agents. The Municipality shall not be entitled to reimbursement
for its costs incurred prior to notification to the Company of
claims or actions and a reasonable opportunity for the-Company to
accept and undertake the defense.
If a claim or action shall be brought against the Municipal- ' Mayor of the City of
ity under circumstances where indemnification applies, the Com- Minnesota
pany, at its sole cost and expense, shall defend the Municipality i ATTEST:
if written notice of the claim or action is promptly given to the
Company within a period wherein the Company is not prejudiced by i
lack of such notice. The Company shall have complete control of t
such claim or action, but it may not settle without the consent Clerk of the City of
of the Municipality, which shall not be unreasonably withheld. y
This section is not, as to third parties, a waiver of any defense Minnesota
or immunity otherwise available to the Municipality, and the First Reading: June 14, 1983
Company in defending any action on behalf of the Municipality Second Reading:
shall be entitled to assert every defense or immunity that the Adopted:
Municipality could assert in its own behalf.
SECTION 5. ASSIGNMENT. The Company, upon notice to the Munici-
pality, shall have the right and authority to assign all rights
conferred upon it by this franchise to any person. The assignee Published in the St. Anthony Bulletin on
of such rights, by accepting such assignment, shall become
subject to the terms and provisions of this franchise.
SECTION 6. CHANGE IN FORM OF GOVERNMENT. Any change in the form
of government of the Municipality shall not affect the validity
of this franchise. Any governmental unit succeeding the Munici-
pality shall, without the consent of the Company, automatically '
succeed to all of the rights and obligations of the Municipality
provided in this franchise.
SECTION 7. SEVERABILITY. If any portion of this franchise is
found to be invalid for any reason whatsoever, the validity of
the rest of this franchise shall not be affected.
SECTION 8. NOTICES. Any notice required by this franchise shall
be sufficient if, in the case of notice to the Company, it is
delivered to Minnegasco, Inc., attention Vice President,
Minnesota Operations, 201 South Seventh Street, Minneapolis,
Minnesota 55402, and, in the case of the Municipality, it is
delivered to:
5
6
-
.27 V
, `
I � �
UNIFORM w#R#, FRANCHISE 2 i
FOR \ :
.
MINNEAPOLIS GAS COMPANY (.r .
"I\ .
( «
: � .�z .}
` ~ }
i
TA13LE 01' CONTEN'T'S' ORDINANCE NO.69
SECTION PACE Granting to the Minneapolis Gas Company,a
corporation organi:ed under the laws of the
Preamble I State of Delaware, its successors and assigns,
1 Definitions 2 permission to use the streets and public places
2 Grant of franchise 3 in the Village of St.Anthony for the construction,
3 Rates and charges 3 maintenance and operation ofa system of mains,
4 Allowable annual return 7 pipelines and other facilities for the manufacture,
5 Working capital 12 _ distribution and sale of gas, subject to certain
6 Filing of role schedules 13 !elms and conditions,and prescribing the rates
7 Maintenance and filing of records 13 to be charged therefor,and repealing allordi-
8 Valuation of property in condemnation 14 ounces, or parts of ordinances, inconsistent
9 Rooks of predecessors 14 herewith.
10 Reserve for depreciation 14 It
11 Maintenance and inspection of books 15 Whereas,the Minneapolis Gas Company,a corporation organized
12 Laying of mains and extensions of service 15 under the laws of the State of Delaware, owns property used and
13 Gas meters 16 useful in the manufacture, distribution and sale of gas in the Vil-
14 Opening and closing of streets 16 lage of St. Anthony and is operating said property in said Village;
15 Relocation of utility facilities 16 and
16 Extensions of service before paving of streets 17 - -
17 Location and maintenance of facilities 18 Whereas, the Village Council of the Village of St. Anthony on
18 Payment to Suburban Rate Authority 18 the 8th day of March, 1949, adopted an ordinance granting a fran-
19 Supply of gas 19 _ chise to the Minneapolis Gas Company, its successors and assigns,
20 Company to indemnify Municipality 19 for the manufacture,distribution and sale of gas in said Village for
21 Acquisition by Municipality 20 a period of twenty (20)years;and
22 Franchise non-exclusive 20
23' Default by Company 20 Whereas, meetings have been held between representatives of '
24 Successors to Municipality 20 the Minneapolis Gas Company and the Village Council of the Vil- -
25 Provision for notices 21 Inge of St.Anthony relative to a revision of the franchise previous-
26 Repeal of previous franchise 21 ly granted;and
27 Acceptance by Company 21
28 Expense of publication 21 Whereas, the Minneapolis Gas Company, as and for considera-
29 Adoption by municipalities in suburban area 21 lion and compensation for the rights and privileges herein granted,
30 Review of rate formula 22 has agreed to surrender its present franchise ordinance and has
31 Severability clause 22 - agreed, during the term hereof, to continuously supply gas service
32 Effective date 22 to the inhabitants of the Village,as provided in this franchise ordi-
Publication 23 nance, and has agreed to perform contractual obligations set forth
Certification 24 in said franchise ordinance, and has agreed to pay to the Suburban
Acceptance of Ordinance 25 Rate Authority for the use and benefit of the Village the amount -
provided in Section 18;and
*This Table of Contents has been prepared by Minneapolis Gas Company � Whereas, the Village Council of the Village of St. Anthony, in ,
for convenience and is not a part of the franchise. cooperation with other municipalities of the suburban area, has de-
termined that it is desirable and to the advantage of the consumers
l
-- r.-e,-;,n ,..r,- - _-�,.._•„ ..7r-•-.,r.,-,..._..,•„ �. . . -- _."is,�a �.m\�ri s^�r,. - ma=r,•.,. a_ _:.
of gas in the Village of St. Anthonv that a new franchise should be The term"Suburban Rate .Authority" shall mean an organization
granted by said Pillage to said Company upon the terms and condi- consisting of one member appointed by the Municipal Council of
tions expressed herein and that the p revious franchise hereinabove
each Municipality in the suburban area adopting this ordinance
referred to should be repealed and all rights and privileges of the and existing for the purpose of administering the rate provisions
Company thereunder surrendered and cancelled except as herein- of this ordinance. It is empowered to employ consultants and others
after provided. and shall adopt such rules, regulations and bylaws as will enable
it properly to perform the functions herein provided for.
NOW, THEREFORE, THE PILLAGE COUNCIL OF THE NIL-
LACE OF ST,ANTIIONI' DO ORDAIN AS FOLLOWS: Section 2. There is hereby granted to Minneapolis Gas Com-
pany, its successors and assigns,for a period extending to January
Section 1. In this ordinance the terms "\lunicipality", ..Munici- 1, 1983, from and after the acceptance of this ordinance by the
pal Council" and "Municipal Clerk" shall mean respectively, the Company,and waiver of rights by said Company required by Section
Village of St. Anthony, the Council of the Village of St. Anthony 27 hereof,and subject to the terms,conditions and limitations here.
and the Clerk of the Village of St. Anthony. If at any time the pow- in stated, the right to manufacture, import, transport, sell and dis-
ers of the Municipality, the Municipal Council or the Municipal tribute gas for heating, illuminating and other purposes within the
Clerk shall be transferred to any other authority, board,officer or limits of the Municipality as the boundaries thereof now exist or as
officers, then and in such case such authority, board, officer or they may be extended in the future, and for that purpose to estab-
officers shall have the rights, powers and duties herein referred to lish the necessary facilities and equipment and to maintain a manu-
or prescribed for the Municipality, the Municipal Council and the facturing plant, gas mains, service pipes and any other appurte-
Municipal Clerk respectively. nances necessary to the manufacture, sale and distribution of gas
in and along the streets and public places of said Municipality,
The term"Company"shall mean the Minneapolis Gas Company, and to do all things which are reasonable, necessary or customary
its successors and assigns, and the words "streets and public in the accomplishment of this objective, subject, however, to the
places" shall mean the streets, avenues, alleys, parkways, roads, further provisions of this franchise. Provided, however, that before
squares, parks, bridges, viaducts and public places in the 1lunici- said Company shall establish any plant in said Municipality for
pality. the manufacture of gas, the approval of the Municipal Council of
the location thereof, in the exercise of a reasonable discretion by
The term "gas" as used herein shall be held to include manu- said Council, shall be first obtained by said Company.
factured gas, natural gas,reformed natural gas, a mixture of natural
gas and manufactured gas, or other form of gaseous energy. If the right or privilege to manufacture, purchase, transport,
mix, distribute or sell gas in annexed territory, shall be owned or
The term "one thousand cubic feet" of gas where used in this controlled by the Company at the date of annexation, said right or
ordinance is 1,000 cubic feet of gas measured at temperature and privilege shall, from and after the date of annexation and during
pressure existing at the point of metering, or, when corrected, at the balance of the term hereof, be exercised and controlled by the
1 60o F and 11.5 pounds per square inch,absolute. provisions of this ordinance. The Company agrees to manage its
plant and operations in u reasonably efficient and economical man-
The term "suburban area"shall include the cities of Blooming- ner. The Company also agrees to use due diligence in the matter
ton,Columbia Beights, Crystal, Fridley, Hopkins, Robbinsdale,St. of the issuance of long-term debt to assure reasonable cost of such
Louis Park and Wayzata; the villages of Brooklyn Center, Brooklyn dcht, provided, however, that this should not be construed as re-
Park, Deephaven, Eden Prairie. Edina, Excelsior, Golden Palley, quiring competitive bids on new debt issues.
j Greenwood, Hilltop, Maple Grove, Minnetonka, Morningside, New
1{ (lope. Osseo, Plymouth, Richfield, St. Anthony. Shorewood and Section 3. The Company shall charge, demand, collect and re-
Woodland; and the area of Fort Snelling. Other municipalities or ceive just and reasonable rates, charges and compensation as here.
area adjacent to or near the City of Minneapolis or the "suburban inafter provided. The altering, amending or revising of any rates
area" may be included in the "suburban area" for rate-making par- made by the Company to obtain compliance with this ordinance shall
poses, subject to the provisions of Section 12. be by the Suburban Rate Authority. The said Suburban Rate Author-
. 1 2 3
f
ity exists for the purpose of reviewing gas rates made by the Cnm- ing the price variation between the blocks, or both, or by changing
'pany and undertaking appropriate action thereon as in this ordinance the rate form,by submitting at the time of filing the adjusted Block
authorized. Rates material and data supporting the desirability for such change
or changes and the reasonable ness thereof. Provided, the Company
Nothing in this ordinance shall prevent the power herein given shall make a rate structure study at least once in each five years
to the Suburban Rate Authority to alter, amend or revise Compant. hereafter. Provided, further, that the Block Hates for any other
rates from being hereafter delegated, by law, to some other govern- type of gas furnished in place of natural gas may be revised by _
mental authority. agreement between the Suburban [late Authurity and the Company.
From and after the effective date of this ordinance, the Cont- Nothing herein shall prevent the Company from establishing
party shall charge, demand, collect and receive not to exceed the from time to time during the term hereof lower rates than the rates
following rates for gas supplied to each customer at one location hereby permitted, and, in addition to the rate schedules contained
in the entire suburban area, including the Municipality, for each in this section, from establishing, changing or discontinuing load
month,except as said rates shall be changed or modified as herein- building. inducement or competitive roles, provided that such rates
after provided, viz: shall be reasonable for consumers within different classes of serv-
ice and that a lesser rate to one class of consumers shall not im-
First 300 cu ft or Icss 32.00 pose on undue burden of cast upon consumers in other classes.
Next 3,700 cu It 1.43 per Jl
Next 26,000 e.u ft 1.10 per 11 The Cowpony shall have the right to contract for the sale of
Next. 130,000 cu fl 1.00 per dl gas for industrial use on an interruptible basis, requiring the cus-
Next • 140,000 cu It 1.00 per dl tomer to have standby equipment for use upon.notice by the Com-
All over 300,000 cu ft .90 per M pany. The Company-'s rules, regulations, schedules or contracts
for curtailing interruptible gas service shall be uniform as applied
The rates above specified are called "Block Rates". to each class of interruptible customers.
The rates permitted by this ordinance, except as to natural gas _ - (b). The Black Rates specified in this section shall remain :
furnished industrial customers,are for natural gas having a monthly in force and effect until January- 31, 1963. In the month of January,
average total gross heating value of not less than 950 British Ther- 1963, and thereafter in the month of January of each year during
mal Units per cubic foot, and shall continue, subject to adjustment the remaining period covered by this ordinance, the Company shall
as herein provided. decrease the Black Rates, and may increase the same, sufficient
to permit and enable the Company to realize Actual Net Earnings
Bills shall be rendered at rates permitted by this ordinance; equal to the Allowable Annual Return,as provided for in Section 4,
provided,however, that when a bill is not paid within ten (10)days for each calendar year of said remaining period.
after a bill is delivered or mailed to a customer, the Company may -
charge, demand, collect and receive the amount thereof plus ten - Increases or decreases in the Block Rotes to be made at or
per cent 00`b). The Company may require any consumer of gas to about the end of each of the above mentioned calendar years shall
deposit with it a reasonable amount as security for payment of gas be based upon forecasts for the ensuing calendar year of the rates
used or to be used by said consumer. The Company shell pay in- required to permit and enable the Company to realize .Actual Net
terest on the deposit at the rate of six per cent(6%)per annum. Earnings during said calendar year sufficient to produce the Allow-
able Annual Return plus past unabsorbed deficiencies therein, or
W. The said rates shall remain in force and effect and be ad- less past unabsorbed overages therein, as the case may be, which
justed from time to time, as hereinafter provided. In order to avoid may occur after January 1, 1963, under the terms of this ordinance. -
undue discrimination between customers the Company may, at the
time specified in this section and subject to review in the same The Company shall file with the Suburban Rate Authority. on
manner as is provided in said ordinance, adjust the Block Oates or before January 10 of each year, the aforesaid forecasts,together
either by changing the number and size of the blocks or by chasg- with the Block Rates which are proposed to be effective on bills
rendered after January 31 of that year.
4 :4 5
{ K ..,t..
- 1
F
Provided, however, in order to minimize or prevent excessive is made therefor within thirty (30)days after notice of such altera-
fluctuations in the Block Rates,the Company may additionally once tion, amendment or revision, and if such hearing and review is ap-
during a calendar year, but not prior to July 15 thereof, adjust the plied for,then until such alteration,amendment or revision shall be
Block Oates in the same manner as provided above for the adjust- finally sustained or altered by such courts, the rate made by the
ment of said Block Rates at or about the end of each calendar year. Company shall remain in effect for the period as provided in this
ordinance. At the time of making the application for review the
In making increases or decreases is the Black Rates hereunder, Company shall file with the Clerk of Court a corporate undertaking
fractions of one-half (1/2) cent or more shall be counted as one requiring it to refund, rebate or comply with such other relief as
cent and fractions of less than one-half (1/2) cent shall be disre. said courts may order. At the hearing provided for herein on the
garded so far as the current period is concerned. issue or issues raised by the aforesaid order the court shall con-
sider all evidence which may be relevant and proper.
(c). The Company agrees not to make any change in rates per-
mitted or required by this ordinance either by altering the classifi. (e). The Company agrees that when no change in an existing
cation thereof, or otherwise, until after twenty (20) dovs' notice of rate is proposed at the time of a rute filing,the said Suburban Rate
any such change has been given to the Suburban Rnte Authority. Authority shall have the power to alter, amend or revise the said
Such notice shall be deemed to have been given when a written existing rate in the manner provided in Subsection 3(d), if the
statement of any change, or changes, in such rates, signed by the said existing rate is not in accordance with the provisions of this
Company, shall be filed with the Suburban Rate Authority. The ordinance. The right of the Company for court review in such in-
Company shall furnish such information, reports and stntements stance shall also be the same as provided in Subsection 3(d).
relating to any such changes which may be required by the Sub-
urban Rate Authority. Any change in rates made pursuant to the M. The Company shall not charge,demand, collect or receive
terms of this ordinance shall be made effective as soon as practi. a greater or less or different compensation for any service or simi-
cable after the expiration of each calendar year, subject to the lar service rendered, or to be rendered,than the rates and charges
proviso in Subsection 3(b). Provided. that before any rate estab- applicable to such service in effect at the time for consumers in
lished by the Company for any new class of consumers shall be- the same class, nor shall the Company refund or remit in any man-
come effective,the Company shall give ten(10)days'similar notice ner or by any device any portion of the rates or charges so specified.
to the Suburban Rate Authority of the establishment of said rate, The Company shall not offer, extend to, or accept from any person
which may be uttered, amended or revised within ten (10) days or corporation any form of contract or agreement for service that
thereafter as in this section provided. The filing of any notice is not regularly and uniformly applicable to all persons and cor-
wilh the Suburban Rate Authority, as required by this ordinance, porations receiving the same or like service. The Company shall
shall be deemed notice to this municipality. not extend, afford or use any rule or regulation, or any privilege
or facility that is not regularly and uniformly applicable to all per-
(d). The Compnny agrees that any change in rates made by the sons and corporations receiving service under the same or like
Company. not in accordance with this ordinance. may be altered, conditions,except as provided in Subsection 3(a) hereof.
amended or revised,so as to conform to the provisions of this ordi-
nance and according to-the terms thereof, by an engineer,auditor or Section d. It is the purpose of this ordinance to insure that the
accountant of the Suburban Rate Authority duly appointed for such consumer shall pay only n fair, just and reasonable rate, and that
purpose. The engineer, auditor or accountant so appointed shall be such rate will permit the Company to make a reasonable return on
qualified and experienced in public utility regulatory matters and an the cnpital investment in the business, as hereinafter defined in
employee of the said Suburban Rate Authority. Any such alteration, this Section, under an economical and efficient management of the
amendment or revision shall be made by order. stating the reasons same.
therefor, duly served on the Company within twenty (20) days after
notice of such proposed rates shall be given by the Company,as in (a). As used in this ordinance, "allowable annual return"shall
this ordinance provided. ne Company shall have the right to a mean the amount computed by application of the "allowable rate of
prompt hearing and review of such alteration, amendment or revi- return" to the "allowable rate base" as defined in accordance
sion in the courts of the State of Minnesota, if proper application with the provisions of Subsections(b),(c), (d),(e),(f)and(g).
6 7
I b). The "allowable rate of return"shall be 6-1/2`n during cal-
endar years when the Company's average cost of long-term debt increase in the debt capital ratio shave GO''F. In such event the 50`F
capital at the beginning of the current year is not less than 3-1/2% aa'eighting of the original plant cost will be increased by each per-
nor greater than 4-1/2%. Long-term debt shall consist of all debt tentage- point that the weighting of "reproduction cost new" plant
due over one year after date of issue. The average cost of long. is dccrca-1.
term debt shall be the weighted average effective cost of the out.
standing long-term debt at the beginning of the current year. The (c). "Reproduction cost new" shall consist of the sum of the
effective cost of each debt issue shall be computed by dividing following amounts:
the product of the interest rate. and principal amount issued by the
net proceeds of the issue. The net proceeds of an issue shall con- (1) The anginal cost at the beginning of the preceding,
sist of the principal amount plus any premiums received, less any - calendar year of all plant classified as Intangible Plant.
discounts and issuance expense, and less call premiums when any Land and Lund Rights,and General Plant.excluding Struc-
refunding of an issue results in a lower effective cost of debt. tures and Improvements.
Whenever there is a decrease in the Company's average cost of (2) The original cost at the beginning of the preceding
long-term debt capital below 3-1/2% or an increase above 4-1'2%,
the "allowable rate of return" of 6-1/2`r shall be decreased or in- calendar rear of till other plant trended to reflect the Hand
creased by 50%of such decrease or increase. Thereafter,any contra R'h itman Index of Public Utility Construction Costs (North
Central Division)as of July I prior to the current calendar
move in the average cost of long-term debt capital will require the
rear. Each plant account shall be trended by use of the -
reverse adjustment in the "allowable rate of return". No change in following indexes:
the "allowable rate of return" shall be made unless the decrease
or increase in the average cost of long-term debt capital shall
equal at least 1/10 of one percentage point, and in no event shall Plant Account Index
the decrease or increase in the "allowable rate of return" be other All Manufactured Gas Produc- Total Construction and
than in multiples of 1/20 of one percentage point.
ton Plant excluding Land Equipment (Manufactured
(c). The "allowable rate base" shall be the sum of the "fair and Land Rights Gas)
value of the suburban area utility plant" used and useful in the Distribution Plant
public service as provided in Subsections (d), (e) and M and work- - Structures and Improvements Structures and Improvements
ing capital as provided in Section 5. less average contributions in Mains -Steel Maine-Steel
aid of construction and average cash advances for construction, as Mains -Cost Iron %loins -Steel Iron
reflected on the Company's books.
Pumping and Regulating Mechanical Equipment exclu-
(d). The "fair value of the suburban area utility plant" shall Equipment sive of Gas holders
be the sum of 50% of the overage original plant coat including the Services Services Meters deters
current year net additions, less depreciation per books, computed Meter.Installations Meter Installations
on a monthly basis, and 50% of the "reproduction cost new" plant house Regulators house Regulators
as defined in Subsections (e) and (f), less depreciation. Deprecia- House Regulator lostolla- House Regulator lnstelle-
tion of the "reproduction cost new-" plant shall be computed by
the use of the ratio of the book depreciation reserve to the original tions tions
plant gross cost, plus three (3)percentage points.. Other Properly on Customers' Structures and Improvements
Premises
The 50% weighting of the "reproduction cost new" plant shall General Plant
be used as long as the Company's ratio of debt capital does not ex- Structures and Improvements Structures and Improvements
ceed 60% at the beginning of the current ,year. If it exceeds 60%
the 50%weighting of the "reproduction cost new"plant will be de- Any new Plant Account which may hereafter be established
creased by one percentage point for every one percentage point
shall be trended in accordance with the appropriate Handy-
Whitman Index.
8
9
(3) The original cost of the gross plant additions, less of the Company in these accounts shall not exceed in any
retirements, installed in the preceding calendar year. calendar year three per cent(3%)of the annual gross
revenue,including contributions, gratuities and donations
(4) The original cost of the gross plant additions, less not to exceed three-tenths of one per cent(3/10 of 1%)
retirements, installed during the current calendar year of the annual gross revenue.
averaged on a monthly basis.
(6) All taxes and governmental impositions of every
M. At the end of each five-year interval the construction cost nature actually paid by the Company directly to govern-
trends experienced by the Company since the adoption of this ordi. mental tax collecting agencies or accrued in accordance
nance shall be compared with the appropriate Handy-Whitman Index. with general acceptable accounting principles. Any tax
If,after such comparison,the difference between the Handy-Whitman other than an ad valorem tax which may hereafter be law-
costs and the Company's experience is 15%, or less, of the total fully authorized and thereafter separately imposed by any
"reproduction cost new" plant,the Ilandy-Whitman Index costs will municipality shall be added only to the bills of the cus-
be used for the succeeding five years. If the difference exceeds tourers within such municipality.
15 5, the parties agree to adjust the Handy-Whitman costs to reflect
Company experience. (i) An annual allowance,beginning January 1, 1963,
for depreciation of depreciable property owned by the
In the event the Ilandy-Whitman Index of Public Utility Construe- Company and used and useful in rendering gas service in
tian Costs (North Central Division), or its successor, is no longer the suburban area for each calendar year during the term
available, another similar Index mutually agreeable to the Company of this ordinance of an amount designed to recover the
and the Suburban Hate Authority will be used. original cost of such depreciable property over the esti-
mated average service-life of each group of property on a
(g). As used in this ordinance, '-Actual Net Earnings" of the straight-line basis, computed L,v application of the annual
Company shall consist of the balance remuining after deducting depreciation rates, now used by the Company in recording
from the gross revenues of the Company from the manufacture, pur- depreciation on the books of the Company to the original
chase, mixture, transportation, distribution and sale of gas sold in cost of depreciable property included in each of the major
the said suburban area during the calendar year of 1963, and each property classifications and properly chargeable to depre-
1 calendar vear thereafter, the following operating and maintenance ciation expenses. Provided,however,such annual depre-
cosls and expenses connected with the manufacture, purchase, ciation rates may be revised periodically so as to reflect
mixture, transportation,distribution and sale of gas sold in the said all factors bearing on the amount designed to recover the
suburban area during such calendar periods: original cost of such depreciable property over its esti-
mated average service-life:
(1) Production Expenses. including cost of purchased
gas. (8) All other actual and proper classes of maintenance
and operating expenses of the Company;
(2) Distribution and Utilization Expenses;
(9) An item to cover nixes,depreciation and return on
(3) Customers'Accounting and Collecting Expenses; any plant not included in the suburban area Allowable [late
•
Base. but which is used and useful in rendering public
(4) Sales Promotion Expenses; service therein. A credit item (deduction from expenses)to
cover taxes.depreciation and return on any plant included
(5) An item to cover"Administrative and General Ex- in the suburban area allowable rate base,but which is
penses" which shall be the just, fair and reasonable cost properly allocable to rendering service outside the suburban
to the Company of nil of the sub-accounts that are includ- area,subject,however,to the provisions of Section 1.
ed in such Administrative and General Expenses,but the
aggregate of"Administrative Salaries" and "General In- (10) Annual allowance for amortization of extraordinary
cidental Expenses"classified as in the present practice
10 11
property losses resulting from change in type of gas,unusual expenses and taxes, less credits for the annual average of accrued
obsolescence or unforeseen property damage. taxes and purchased gas accounts payable.
Appropriate items may be amortized or accrued according to ac- I The working capital computed in accordance with the foregoing
cepted accounting practice and, except as otherwise provided in formula shall be included in the allowable rate base as provided
this ordinance for specific items,the actual experience of the Com- in Subsection-t(c).
pany shall be the determining (actor in support of the amounts and
rates of amortization or accrual for such items, as such experience Section 6. The Company shall file with the Suburban Hate Au-
gives a definite guide. thority printed schedules which shall be kept open for public inspec-
All expense items, whether charged directly and entirely in a tion, showing all rates. charges, compensation, forms of contracts
or agreements made, established or enforced or to be enforced with
calendar year or amortized or accrued over a longer period, all customers in the suburban area, together with all rules and regula-
revenue items and all balance sheet items shall be, at all times, lions relating to rates, charges or services rendered or to be rend-
recorded b the Company in substantial accordance with the Uniform
y p y ered and all privileges allowed and facilities afforded by the Com-
System of Accounts for Gas Utilities of the National Association of pany to its customers in the suburban area. The Suburban Rate
Railroad and Utility Commissioners, except as otherwise provided Authority shall have the right at any reasonable time to inspect,
in this ordinance and t
except that installment and carrying es
p y g char g examine and audit the accounts, hooks,records,reports, contracts,
will be credited to gross merchandise sales. documents and papers of the Company. The said Suburban Rate
The allocation of the Company's o operating and Plant I Authority may appoint or designate the person or persons to make
f g ex p ensee such inspection,examination or audit.
within and without the suburban area shall be made by the Company
in accordance with a formula that reasonably reflects the coats as Section 7. The Company shall at all times keep, maintain and
they occur for rendering service within and without the said area. preserve for the suburban area proper and accurate engineering, ac-
Any change in such formula made in any rate filing will be s ecifi-
cally referred to in a separate communication filed with the Suburban counting, financial and statistical records, relating to the constru
Rate Authority at the time of the rate filing. ti cost, maintenance and operation of its property which at all
times shell show correctly and in detail all its financial transac-
tions.overage including all of its receipts and disbursements and the par-
When ticulars thereof, and all data needful for the preparation of the
in excess of the allowable return, such balance shall be credited statements and reports hereinafter provided for. ,
with interest computed at the current prime interest rate.Net refunds
(after taxes) from any supplier shall be credited to such account. The Company shall. each month, prepare and file with the Sub-
Overages in such account may be used, by mutual agreement, ii. urban Rate Authority the following:
such manner as will minimize or prevent violent fluctuations in
rates, notwithstanding the provisions of Subsection 3(b). (a). A detailed statement of all assets and liabilities of the
Company as of the close of the preceding month; -
Section S. The Company shall be entitled to fair and adequate
working capital in an amount determined as follows: P (b)• A detailed statement showing source and application of
As used in this ordinance, "working capital" shell mean eo !f revenues of the Company from the sale of.gas and of by-products
and from all other sources for the preceding month and year, up to
amount applicable to the suburban area for the calendar year of
and including the preceding month; also ell expenditures of the
1963, and for each calendar year thereafter, equal to the annual Company during said year; all dividends and interest paid; the
average funds invested by the Company during such calendar years cost of all materials used in the manufacture of gas, all operating
in materials and supplies on hand,merchandise accounts receivable, _ expenses, taxes and salaries; the cost of all repairs and of all
prepayments and deferred charges properly Chargeable to operations, property, real or personal, by it purchased, acquired, constructed
plus a cash fund equal to ten (10) days' average daily operating or installed; said statements shall be so prepared as to show the
expenses and taxes, plus oae-eighth (1/8) of the annual operating net income of the Company from its regular business and from all
12 13
,, )
other sources and the use or disposition of said income. When a substantial segment of the Company's utility property
is required to be abandoned and retired from service because of
The Company shall also, from time to time, furnish monthly change of type of gas, or unusual obsolescence, or unforeseen
operating and financial reports and such other information, reports property damage and such property is not fully covered by the
and statements regarding its property and business, and the con. depreciation reserve or other reserves or by insurance, then the
duct thereof, as the Suburban Rate Authority may require. All in- unrecovered balance of such property shall be credited to the de-
formation, reports and statements furnished to the Suburban Rate precistion reserve or other appropriate reserve and be charged to
Authority by the Company shall be certified by the President,Sec. a deferred charge account designated as "Extraordinary Property
retary or other proper officer of the Company. Losses". Charges to said deferred charge account shall be amor-
tized by charges to operating expenses as provided for in Section 4.
Section 8. The provisions of this ordinance relative to allow- i
able annual return,allowable rate of return,allowable rate base and If the original cost s not shown by the books and records of
accruing annual depreciation rates fixed under the provisions hereof the Company or its predecessors, such amount shall be estimated
and other requirements shall be considered as conditions hereof, p and a record shall be made by the Company showing the facts upon
but no such provisions, nor any matter, fact or thing herein can- which said estimate was based, the manner in which it was deter-
tained shall be construed as an admission either by the Municipali- mined and the person by whom it was mode, and said estimated
ty or the Company in connection with any proceeding for the acquisi- amount, together with removal costs and salvage value, or other
tion of the Company's property, or any part thereof, under eminent amounts received or recovered from said property, shall be ac-
domain or condemnation proceedings,or in connection with any pro- counted for in the manner as hereinabove provided.
ceeding for the valuation of the Company's property, or any part
thereof, during or after the termination hereof, or in connection Section 11. The Company shall at all times keep, Minneapolis
and
with any proceeding for the fixing of rates after the termination preserve all the books, records and accounts of the Alinneepolis
hereof, to any of which proceedings the Municipality shall be a Gas Light Company, a corporntion organized under the laws of the
State of Minnesota, and the Minneapolis Gas Light Company, a
party.
corporation organized under the Incas of the State of Delaware,the
Section 9. In determining "allowable annual return". "allow- predecessors of the Company,and such books,records and accounts
able rate of return" and "allowable rate base" under Section 4 shall at all reasonable times be open to inspection and examination
hereof, the books and records of the Company, and its predeces- by the Suburban Rate Authority,as provided in Section 6, inrespect
sors, made and kept prior to the passage of this ordinance, shall to the books,records and accounts of the Company.
be used insofar as necessary in applying said Section 4.
The Company shall set up, keep and maintain of all times at
Section 10. The books of account shall contain an accoun. its general offices,accurate books of account,showing among other
that may be designated as "Reserve for Depreciation of Utility things as nearly as may be the actual original cost of the property
Plant", or similar term, which shall show at all times as nearly owned by the Company within the suburban area. For this purpose,
as may be the unexpended or unused balance of accumulated charges the books and records of the predecessor companies (Minneapolis
to operating expenses on account of depreciation, replacements, ( Gas Light Company of Minnesota and Minneapolis Gas Light Com-
renewals or retirements. When any property is abandoned or re- pany of Delaware) may be used without prejudice to the Suburban
moved, withdrawn, retired from, or is not used and useful in the p Rate Authority in any proceeding where the actual original cost
public service for any cause, the actual original cost shall be '1 niav be an issue. All property added shall be entered on the books
credited to the appropriate capital account, and such amount plus at its actual original cost.
the cost incidental to said abandonment, removal, withdrawal or
retirement shall be charged to said reserve, subject, however, to Section 12. The Company agrees to lay such of its mains and
the provisions of the following paragraph. The salvage value re- pipes as come within its requirements for service as soon as rea-
ceived and any other amounts recovered from said property shall 8onnbly possible to do so. The Company shall give reasonable
be credited to said reserve. notice to the municipal engineer of plans to lay mains in any part
of the Municipality. The laying of such mains shall not unduly
15
1 I
interfere with established municipal planning. Extensions of serv- working conditions, order the Company to relocate permooently its
ice beyond the borders of the suburban area as herein defined shall mains, services and other property located in said street or public
not collectively cast any undue burden on the customers in said place,,lhe Company shall relocate its facilities at its own expense.
suburban area. In construing this paragraph, the obligation of the Company to re-
locate its facilities shall be as applicable to water systems as it
Section 13. The council of the Municipality shall have the is to sewer systems. The Municipality shall give the Company rea-
right to make such reasonable rules and regulations as may, be sonable notice of plans to grade, regrade or change the line of any
necessary to provide adequate and proper service. The M unici- street or public place or to construct or reconstruct any sewer or
polity shall have the power to provide for the inspection,examina- water system therein.
tion and ascertainment of the accuracy of any and all gas meters
used or intended to be used for measuring and ascertaining the The Company may be required to relocate its facilities at its
quantity of gas supplied by the Company and to inspect, examine own expense where grade changes are made by the Municipality
for improved drainage or improved traffic conditions, provided, how-
and ascertain the accuracy of recording pressure gauges and of
all apparatus for testing and proving the accuracy of gas meters. ever, if a subsequent relocation or relocations shall be ordered
within ten years from and after the first relocation the Municipality
Section 14. The Company shall not open or disturb the surface shall reimburse the Company for such non-betterment relocation
of any street or public place for any purpose without first having expense which the Company may incur on a time and material basis. '
obtained a permit so to do from the proper Municipal officials, Provided, however, nothing in this ordinance contained shall de.
for which permit the Municipality may impose a reasonable fee to prive the Company of its rights under Section 161.46, Minnesota
be paid by the Company. The mains; services and other property Statutes.
placed in the streets and public places pursuant to such permit
shall be located in the streets or portion of the streets and public Nothing contained in this section shall require the Company to
places as shall be designated by the Municipality. The Company remove and replace its mains or to cut and reconnect its service
shall, upon completion of any work requiring the opening of any pipe running from the main to the customer's premises at its own
.. street or public place, restore the same, including the paving and expense where the removal and replacement or cutting and recon-
its foundations, to as good condition as formerly, and shall exer- oecling is made for the purpose of a more expeditious operation
cise reasonable core to maintain the same for two (2) years there- for the construction or reconstruction of said sewer or water system;
after in good condition. Said work shall be performed with due dili- nor shall anything contained herein relieve any person,persons or
gence and if the Company shall fail promptly to perform and com- corporations from liability arising out of the failure to exercise
plete the work, to remove all dirt.and rubbish and to put the street reasonable care to avoid injuring the Company's facilities while
or public place in good condition, the Municipality- shall have the performing any work connected with grading,regrading or changing -
right to put the street or public place in good condition at the a-c- the line of any street or public place or with the construction or
pence of the Company; and the Company shall, upon demand, pay reconstruction of any sewer or water system.
to the Municipality the cost of such work done for or performed by
• the Municipality, together with ten per cent (10%) additional as Where the Municipality orders the Company to relocate any of
liquidated damages. Notwithstanding the foregoing provisions of its facilities, the Company shall proceed with such relocation. If
this section,the Company may open and disturb the surface of any such relocation is done without an agreement first being made as
street without a permit where an emergency exists requiring the to who shall pay for the relocation cost, such relocation of the
immediate repair of a gas main or gas service'. The Company in ' facilities by the Company shall not be construed as a waiver of
such event will request a permit not later than the second working its right to be reimbursed for the relocation cost. If the Company
day thereafter. claims that it should be reimbursed for such relocation costs, it
shall notify the Municipality within ten (10) days after receipt of
Section 15. Whenever the Municipality shall grade, regrade or each order.
change the line of any street or public place or construct or recon-
struct any sewer or water system therein and shall, in the proper Section 16. The Municipality shall give the Company reason-
exercise of its police power, and with due regard to seasonable able written notice of plans for street improvements where paving
16 17
A.
or resurfacing of a permanent nature is involved,which notice shall Section 19. The Company shall at all times provide and furnish
contain the nature and character of the improvements, the streets an adequate,safe and continuous supply of gas to the Municipality
upon which the improvements are to be made, the extent of the im- and its inhabitants, subject, however, to the further provisions of
provements and the time when the Municipality is going to start this section. The Company sells and distributes gas throughout
the work, and, if more then one street is involved, the order in its entire distribution system. The natural gas distributed by the
which this work is to proceed. Paving or resurfacing of a perma- Company is furnished by the pipeline system owned and operated
nent nature refers only to Portland cement concrete or high type by Northern Natural Gas Company, a "natural gas company" under
bituminous concrete. the Federal Natural Gas .Act, which subjects said Northern Natural
Gas Company to the jurisdiction of the Federal Power Commission.
The notice shall be given to the Company a sufficient length
of time, considering seasonable working conditions, in advance of The Company shall not be liable to the Municipality or its in.
the actual commencement of the work to permit the Company to make habitants, nor shall the Municipality, or any inhabitant who is a
any additions,alterations or repairs to its facilities deemed neces- customer of the Company, be liable to the Company hereunder by
sary by it. reason of the failure of the Company to deliver, or of the M unici-
polity or a customer to receive, natural gas as a result of acts of
In cases where streets are at final width and grade, and the God, or the public enemy, inability of pipeline supplier to furnish
Municipality has installed underground sewer or water mains and an adequate supply due to an emergency, an order or decision of a
service connections to the property line abutting the streets prior public regulatory body or other acts beyond the control of the party
to a permanent paving or resurfacing of such streets, and the Com- affected.
pany's main is located under such street, the Company may be re-
quired to install gas service connections prior to such paving or re- Whenever anv of the occurrences named above take place, the
surfacing, whenever it is apparent that gas service will be required Company shall have the right and authority and it shall be its duty
during the five years following the paving or resurfacing. to ndopt reasonable rules and regulations in connection with limit-
ing, curtailing or allocating extensions of service or supply of gas
Section 17. All mains, services, governors and other property to any customer or prospective customer, and withholding the sup-
and facilities shall be so located. constructed, installed and main- plying of gas to new customers, provided Hutt such rules and regu-
tained as not to endanger or unnecessarily interfere with the usual lotions shall be uniform as applied to each class of customers:
and eustomary trade, traffic and travel upon the streets and public classifications of customers shall be reasonable and shall he non-
places of the Municipality. The Company shall keep and maintain discriminatory as between municipalities in the suburban area.
all of its property in good condition, order and repair, so that the
same shall not menace or endanger the life or property of any pw-- If service is temporarily suspended because of any of the rea-
son. The Municipality shall have the right to inspect and examine •sons set forth above,occurring through no fault or negligent act on
ut any reasonable time the property owned or used, in part or in the part of the Company, such suspension shall not be made the
whole, by the Company for the purpose of manufacturing, distrib- basis of any action or proceeding to terminate this franchise. The
uting,furnishing or selling gas in the suburban area. quality of the gas sold in the suburban area shall be the some as
that sold to the Company's customers in the City of Minneapolis.
Section 18. The Company agrees to pay to the Suburban Rate
Authority, effective January 1, 1963. not less than 830,000.00 per The pressure at which gas is supplied and the method and man-
year to be allowed as an operating expense to the Company and ner of testing the heating value,quality, purity and pressure of the
which shall he used to secure compliance with this ordinance,and gas supplied, shall be in accordance with accepted national stand-
for such other purposes relating to the Company's purchased gas ards.
costs and gas supply as the Suburban (late Authority shall deem
necessary. The amount of such annual payment shall be subject to Section 20. The Company shall indemnify, keep and hold the
possible revision by the Suburban Rate Authority and the Company, Municipality free and harmless from liability on account of injury
not oftener than once in five (5)years, if mutually agreed to. or damage to persons or property growing out of the negligent con-
struction. maintenance,repair and operation of its property, and in
18 19
in this franchise.
the event that suit shall be brought against the Municipality either -
independently or jointly with the Company on uccount thereof, the Section 25. Except as herein otherwise specifically-provided,
Company, upon notice to it by the Municipality, shall defend the whenever notice is to be given to the Company, such notice, in
Municipality in any suit at the cost of the Company,and in event of writing, addressed to the President, Vice President, Secretary or
a final judgment being obtained against the Municipality, either Treasurer of the Company and delivered at the Minneapolis office
independently or jointly with the Company. the Company shall pay of the Company shall be service of such notice; and whenever no-
such judgment with all costs and hold the Municipality harmless tice is to be given to the Municipality, such notice, in writing,ad-
therefrom. dressed to the Municipal Clerk and delivered at his office, shall be
service of such notice; and whenever notice is to be given to the
Section 21. Nothing herein shall be construed to limit the right Suburban Rate Authority,such notice, in writing,addressed to such
of the Municipality to acquire the property of the Company under Suburban Rate Authority and delivered to its office or to one of the
any act of the legislature now or hereafter existing, nor under any members of its governing body,shall be service of such notice.
provisions of law now existing or hereafter adopted. In the event
the Municipality should desire to acquire the property of the Com- Section 26. An-ordinance entitled "Granting to Minneapolis
puny by the exercise of eminent domain, ns herein set forth, the Gas Light Company, its successors and assigns, the right to manu-
Compony agrees that its value for the purpose of such acquisition facture,import.transport,sell and distribute gas for heating,illumi-
shall not include any amount for the value of any right, privilege, noting and other purposes in the Village of St. Anthony,and to use
franchise or grant from the State of Minnesota or the Municipality. the streets, avenues and alleys thereof for that purpose", passed
for good will, or for future profits, and that in determining said on the 8th day of March, 1949,is hereby repealed.
value no regard shall be had to the amounts of stocks, bonds and
other obligations of the Company. Section 27. This ordinance shall be null and void unless the
Company shall, after the publication thereof and prior to April 1,
Section 22. The rights and privileges hereby granted are not 1963, file with the Municipal Clerk a written acceptance of the
exclusive and the Municipality expressly reserves the right to grant same and an agreement on its part,signed and acknowledged in its
like rights and privileges to other persons or corporations. behalf under its corporate seal by its duly authorized officers, to
- surrender all rights and privileges under the ordinance described
Section 23. If the Company shall be in default in the perform- in Section 26, and to comply with, abide by, keep and perform all
once of any of the material terms and conditions of this ordinance of the terms, conditions and requirements herein contained upon
and shall continue in default for more than ninety (90) days after its part.to be complied with or performed, and that the Company -
receiving notice from the Municipality of such default, the Slunici- will not contest the validity of this ordinance or of any rote or -
pal Council may, by ordinance duly passed and adopted, terminate rates which are is accordance with the terms hereof, except as
all rights granted under this ordinance to the Company. The sai.: herein expressly provided.
notice of default shall be in writing and shall specify the provi-
sions of this ordinance in the performance of which it is claimed Section 28. The expense of the publication of this ordinance
that the Company is in default. Such notice shall be served in the shall be paid by the Company.
manner provided by the laws of Minnesota for the service of a
summons and complaint in'a civil action. The reasonableness of Section 29. If this ordinance is not adopted by March 1, 1963,
any ordinance so passed declaring a forfeiture.of the rights and by municipalities in which 66-2/3% of the customers of the Com-
privileges granted by this franchise ordinance shall be subject to pany in the suburban area are located, the Municipal Council may
review by a court of competent jurisdiction. revoke the same. The Company agrees to file with the Municipal -
Clerk on or before March 15, 1963,a sworn statement showing the
Section 24. Any change of the form of government of the Stu- total number of customers in the suburban area and the total num-
nicipality as authorized by the State of Minnesota shall not affect ber of customers in municipalities in which the ordinance has been
the validity of this franchise. Any municipal corporation succeeding adopted. If this ordinance is revoked the provisions of this ordi-
the Municipality shall, without the consent of the Company, suc- -- nance shall be without prejudice to either party in any subsequent
teed to all the rights and obligations of the Municipality provided proceeding.
21
?n t
I
PUBLICATION
Section 30. Three years alter January 1, 1963,either the Com- -
pany or the Suburban Rate Authority may request a review of the Preceding ordinance was published pursuant to law in "THE
question of whether the rate formula contained in Sections 4 and 5 MINNEAPOLIS ARGUS", a newspaper printed and published in
accomplishes the purpose expressed in the first sentence of Sec- the City of Minneapolis in the County of Hennepin, State of Minne-
tion 4. Such review may be initiated by making a written request ..to,on Thursday, December 27, 1962.
therefor to the other party during the month of January,1966.There-
upon, the Suburban Hate Authority and the Company shall review Affidavit of publication in Document File at the offices of the
and discuss such question with each other, thoroughly and in good Company.
faith, for a period not to exceed six months. Any change in said
rate formula shall be prospective in operation only and shall be
made by amendment to Sections 4 or S. Any such amendment to be
effective must be adopted before December 1, 1966, by municipali-
ties in which 66-2/3% of the customers of the Company in the sub-
urban area are located and accepted in writing by the Company in
the form provided in Section 27 prior to January 1, 1967. In the ab-
sence of any such amendment, so adopted and accepted, the rate
formula contained in Sections 4 and 5 shall be and remain in effect
during the balance of the term of this franchise.
Section 31. If any section, paragraph, subdivision, clause or
provision of this ordinance shall be adjudged invalid or unconsti-
tutional, the same shall not affect the validity of this ordinance
as a whole,or any part or provision,other than the part so decided
to be invalid or unconstitutional. (.
i
Section 32. This ordinance shall take effect and be in force
from and after January 1, 1963, and after its publication and its
acceptance by the Company subject to the provisions of Section t
29.
Passed the 11th day of December,1962. p
/s/ Frank M. \tsdden
Mayor
ATTEST:
/s/ Curtis V.O'Connor
Clerk
23
22
STATE OF MINNESOTA) ACCEPTANCE OF ORDINANCE
VILLAGE OF ST.ANTHONY
COUNTY OF N EY ) SS
COUNTY WHEREAS, at a meeting of the Village Council of the Village
OF HE HF.NNEPIN) of St. Anthony, duly held on the Ilth day of December, 1962, an
ordinance was duly passed by said council, which ordinance is
I, Curtis V. O'Connor, being the duly qualified and acting \'il- entitled:
lage Clerk of the Village of St. Anthony, Ramsey and Hennepin
Counties, Minnesota, do hereby certify that I have carefully con- "An ordinance granting to the Minneapolis
pared the attached ordinance entitled: Gas Company,a Corporation organized under
"An ordinance granting to the Minneapolis the laws of the State of Delaware, its succes-
Gas Company, sors and assigns, permission to use, the streets
p y, a Late of Del organized under and public places, in the Village of St. Anthony
the laws of the State Delaware, its a street for the construction,maintenance and operation
sors and assigns, in permission ll to use the streets of a system of mains, pipelines and other facili-
and public places in the Village of St. Anthony ties for the manufacture, distribution and sale of
ofa for the construction, maintenance and operation gas,subject to certain terms and conditions, and
ties system of moans, pipelines and other fae prescribing the rates to be charged therefor,and
t for the manufacture, distribution and sale repealing all ordinances, or parts of ordinances,
of gas,subject to certain terms and conditions, inconsistent herewith."
and prescribing the rates to be charged therefor,
and repealing all ordinances,or parts of ordi.
WHEREAS, said Ordinance was duly published as required by
nances, inconsistent herewith." law in the Minneapolis Argue, the official paper of the Village of
with the original on file in the office of the Village Clerk of the St.Anthony,on the 27th day of December, 1962;and
said Village of St. Anthony, which ordinance was duly passed by WHEREAS, Section 27 of said Ordinance requires that Minne-
the Council of the Village of St. Anthony on the 11th day of Decem- a olis Gas Com an
her, 1962, and published as required by law on the 27th day of De- p p y. a Delaware corporation, shall, after publico-
cember, 1962, in the "Minneapolis Argus", and that the attached tion thereof and prior to April 1, 1963,file with the municipal clerk,
copy is a true and correct copy of the said original.
e written acceptance of and agreement to said Ordinance.
IN WITNESS WIIEREOF, 1 have hereunto set my hand and af- NOW, THEREFORE, Minneapolis Gas Company, for itself, its
fixed the seal of the said Village of St. Anthony this 27th day of successors and assigns:
June, 1963. 1. Accepts said Ordinance upon the terms and conditions
/s/ Curtis V.O'Connor
contained therein.
Curtis V. O'Connor,Village Clerk 2. Agrees to comply with,abide by,keep and perform all
(SEAL) Village of St. Anthony,Minnesota of the terms,conditions and requirements set forth in said
Ordinance to be complied with or performed on its part.
3. Agrees not to contest the validity of said Ordinance or
of any rate or rates which are in accordance with the terms
thereof except as expressly provided in said Ordinance.
4. Surrenders all rights and privileges under the ordinance
described in Section 26 of the Ordinance referred to above.
24 25
IN WITNESS WHEREOF, Minneapolis Gas Company has caused
this instrument to be executed in its name and in its behalf by its
duly authorized officers, and has attached hereto the seal of the
Company this 28th day of February, 1963.
MINNEAPOLIS GAS COMPANY
By /s/ Gerald T.Mullin
(SEAL) President
/s/ D. W. Peterson
Secretary
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN)
On this 28th day of February, 1963, before me, a Notary Public
within and for the said county, personally appeared Gerald T.Mullin
and D. W. Peterson,to me personally known, who being each by me
duly sworn did say that they are respectively the President and the
Secretary of the Minneapolis Gas Company, the corporation named
in the foregoing instrument,and that the seal affixed to said instru-
ment is the corporate seal of said corporation; and that said instru-
ment was signed in behalf of said corporation by authority of its
Hoard of Directors; and said Gerald T. Mullin and D. W. Peterson
acknowledged said instrument to be the free act and deed of said
corporation. --
/s/ Ilolph 11. Lec
Ralph H. Lcc. Notary Public
Hennepin Count v.\linnesota
(SEAL) My commission expires Jan. 18. 1967.
The above acceptance was duly filed with the Village of St.Anthony
in the office of the Village Clerk this 1st doy of March, 1969.
_ Curtis V.O'Connor
Curtis V.O'Connor, Village Clerk
(SEAL) Village of St. Anthony, \linne.suta
26
CITY OF ST. ANTHONY
REQUEST FOR CITY COUNCIL ACTION
---------------------------------------------------------------
• Date Submitted Type of Action Requested Agenda Item Number
X Resolution New Business-4
June 9 1983 Ordinance
Date Action Requested Formal Action/Motion Title Change in Budget
Other "
June 14 1983 Fund Transfers
---------------------------------------------------------------
TO: Mayor and Councilmen
FROM: David M. Childs, City Manager
----
----------------------------------------------------------
SUMMARY DISCUSSION OF SUBJECT: On May 11 , 1982, the City responded to impend-
ing cuts in state aids by- passing two resolutions (82-019 and 82-020) which lowered
Capital Equipment Fund expenditures and authorized transfer of Revenhe Sharing and
Special Police Funds into the General Fund. The auditor has brought to my attention
that the actual transfers were not made and without the $23,600 transfer , the excess
of revenues over expenditures for 1982 was over $90,000.
• FISCAL IMPACT:
An adequate fund balance for any agency, business or governmental
entity is extremely important. The City ' s fund balance at the end of 1981 was
$548,000.00. With another $90,000+ for 1982 , our current General Fund
balance will equal about 1/3 of the budget , an indication of financial health for
bond rating agencies . The capital outlay fund is only one year old and there has
been a very low balance, thus showing a greater need for these dollars at this time.
ALTERNATIVES : Two alternatives are now available as follows :
1 . Do nothing, thus directing the auditor to make the transfer as originally proposed
and increasing the General Fund revenues over expenditures to about $115 ,000.
2. Rescind resolutions 82-019 and 82-020 , thus increasing the 1982 year-end fund
balance for the Capital Outlay Fund by $23,600 and leaving the 1982 General Fund
revenues over expenditures at S90,000+.
RECOMMENDATION: Staff recommends that the Council pass Resolution 83-033, rescind-
ing Resolutions 82-019 and 82-020 and increasing the dollars available for needed
equipment purchase and updating.
• CITY MANAGER' S REVIEW: COMMENTS :
i
RESOLUTION 837033
A RESOLUTION RESCINDING RESOLUTIONS
82-019 AND 82-020
WHEREAS, the City Coincil passed Resolutions 82-019 and 82-020
on May 11, 1982 in response to local government aid cuts ; and
WHEREAS, final General Fund revenues in 1982 exceeded expendi-
tures in spite of these cuts ; and
WHEREAS, the City Council finds that the transfer of $23, 600
in said resolutions is not necessary to balance the 1982
budget.
NOW, THEREFORE, BE IT RESOLVED, that Resolutions 82-019 and
82-020 are hereby rescinded.
• Adopted this day of 1983 .
Mayor
ATTEST:
City Clerk
Reviewed for administration: City Manager
•
RESOLUTION 82-019
A RESOLUTION-MODIFYING' THE 19.82 BUDGET
BE IT RESOLVED, by the .City Council of the City of St. Anthony
that the following change be made to the Capital Equipment
Budget transferring said monies fr-om .Special -Poli.ce_ Fund to the
General Fund, deleting some equipment .purchases -due to the reduc-
tion of State Aid the City will receive in 1982 .
From: To:
Special Police Fund $9 ,000 .00 General Fund $9 ,000 .00
NOW, THEREFORE, BE IT RESOLVED, that the above adjustments to the
1982 Budget- be made as indicated.
•
Adopted this__11:�_day of 1982 .
Mayor
ATTEST:
City Clerk
Reviewed for administration :
City Manager
RESOLUTION 82,020
A RESOLUTION MODIFYING THE 1982 BUDGET
BE IT RESOLVED, by the City Council of the City of .St. Anthony
that the following changes be made to . the 1982 Revenue Sharing
Budget due. to reduction of State Aid payments to be made to the
City during 1982 .
Department
Revenue Sharing transfer to General Fund
(instead -of Capital Equipment Fund as
originally budgeted) $14 ,600 .00
NOW, THEREFORE, BE IT RESOLVED, that the above adjustments to- the
1982 Revenue Sharing Budget be made as indicated.
Adopted this I l� day of Mai/ 1982
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
•
RESOLUTION 83-034
A RESOLUTION APPROVING CHANGE ORDER NO. 3
PERTAINING TO THE ST. ANTHONY BOULEVARD BRIDGE
PROJECT
WHEREAS , the St. Anthony Boulevard Bridge Project is nearing com-
pletion; and
WHEREAS, the amount of sod needed for said project was more than
estimated in the original bid; and
WHEREAS , Change Order No. 3 indicates quantity and cost for the needed
sod, which cost will not result in charges over the original bid
price.
NOW, THEREFORE , BE IT RESOLVED, the City Council hereby approves
Change Order No. 3 for the purchase of additional sod needed for the
• St. Anthony Boulevard Bridge Project.
Adopted this day of 1983 .
Mayor
ATTEST :
City Clerk
Reviewed for administration:
City Manager
•
® SHORT-ELLIOTT-HENDRICKSON INC. '
CHANGE-OR®ER17
DATE: May 23 , 1983 LOCATION: BNRR Bridge.
CHANGE ORDER NO. 3 OWNER: City of St. Anthony
SAP.- 16.1-106-02
PROJECT N0. SAP 161-10-6=03 FILE NO.: 79029
Nature of Change
Description and Cost:
Revise the Proposal Item. for sodding, as follows: ..
Item`No. Description ,-` Unit Quantity Unit Price Total
Delete 31 . 2575. 508' - Sodding SY 3,700 1 .05 3 ,885..00
Add 31 . 2572 . 505 " Sodding, SY 5,282 1 .05 5, 546 . 10
•
Is Cost Actual or Estimated? Actual..
This authorizes Contractor.to perform this Nvork as part of Base Contract when signed by all parties.
Recommended for Approval: Short-Elliott-Hendrickson, Inc.
By �- �� Approved for Owner:
Agreed to by Contractor: ByX
i
B� U- CCU cr Title ��-'�!� ' Byk
R E C E I V E D Distribution
Contractor 2 Owner 1 Resident Ennineer 1 St. Paul Office 1
Short-Elliott-Hendrickson, Inc.
222 East Little Canada Road
Saint Paul, Minnesota 55117
ARFVI Q
AM RI( AN DRUGGISTS' INSURANCE COMPANY
30 East nlrol Parkway.Cincinnati.Ohio 45202 519-721.4270 "' ` ' ' �•
Date: s_In_g3 Previous Inquiry Date:
CONTRACTOR Matheny Construction Company, 16501 Highway 10, Elk River, MN 55330
BOND NO: 8105350 SBG NO:
**************************
* Please return
TO: City of St. Anthony * Information Promptly
St. Anthony City Hall * In The Enclosed
3301 Silver Lake Road * Self-Addressed
St. Anthony, MN * Envelope
CONTRACT PRICE: $496,659.48 -- June 2, 1982
Project No./Description of Contract: Bridge & Approaches over B.N.R.R.
S.A.P. 161-106-02 & S.A.P. 161-106-03, St. Anthony, MN
WITHOUT PREJUDICING YOUR RIGHT OF AFFECTING OUR LIABILITY UNDER OUR BOND(S) DESCRIBED •
HEREIN, WE WOULD APPRECIATE SUCH OR THE FOLLOWING INFORMATION AS IS NOW AVAILABLE.
Is Contract Completed? Yes X No
If Completed, date of completion of work (or Final Delivery Date)
Final Price $
If Contract is not completed approximate dollar amount or percentage of contract
completed or delivered:
$ 3 ls.
Do you know of any unpaid bills for Labor or Materials? X Yes No
(If Yes, explain) !1'� c7l?0
S N GZ c fl&-Tz- A-1/f T 'L G'�• .
REMARKS, IF ANY: 77k)7 C7 �1r2� (�Ro (3 3 X l -70JL P47
13iLL �
��- Pad J � Vic: ��It�-rte
Si ature Title
•
OVERTIME PAYROLL REPORT
PAYROLL DATED JUNE 1 , 1983
Date Department Reason Hours
Police Department
5/18/83 William Ferguson Felony arrest 2
5/19/83 William Ferguson Shift fill-in 8
5/18/83 David Johnston Felony arrest 22
5/18/83 Jeffrey Luther Breath tests 5-3/4
5/21/83 Jeffrey Luther Arrests lh
5/22/83 Jeffrey Luther Statement on robbery
5/26/83 Jeffrey Luther Court 2
5/21/83 Arvid Protelsch Medical 2
5/22/83 Arvid Protelsch Follow-up on assault 1
5/12/83 Richard Puffer Shift fill-in 8
5/19/83 Richard Schwalbach Shift fill-in , officer vacation 8
5/21/83 Joseph Sturdevant Shift fill-in, officer vacation 8
• Total 47-3/4
Maintenance Department
5/27/83 Lauren McClanahan Fire alarm call 2
Fire Department
5/23/83 Richard Pfeiffer Firemen on vacation 12
Reserve Fire Department Fill-ins at $4'. 00 Per Hour
Fill-ins for regular firemen on vacation 55h
Fill-ins for regular fireman out sick 37
Fill-ins for Chief at a meeting 4-3/4
Total 97a
CBJ/cjk
_ST ANTHONY A/P CHECK REGISTER DATE 04-30-8
cl-
ENDOR _AMOUNT _
1.1900.. 00
03902 ST ANTHONY LIU # 1 159000.00
0 390 3 aT ANNTHONY LIQ # 1 73. 16
1 03904 ST ANTHONY LIU # 1 . 5,000.00
---.0-3-907- Ar__T,VA L.1 FE. L .CASUALT_._ . . _- 438.00
03908 CITY OF APPLE VALLEY 39. 75
03909 t?LUE CROSS E BLUE SH 304. 74
03910 CITY CTY CREDIT UNIO 60.00
03911 COMM OF REV 774. 11
03912 ("ROUP HEALTH PLAN 109.04
03913 EPSCO 1 ,868. 52
03914 PHY HEALTH PLAN 971. 51
j D3916 ST ASNTICNY LIQ ft 175. 00
03915 PUBLIC EMP RET 1 ,687.46
03917 ST ANTHNAT 13K 1 ,454. 74
). 03) 113 TWI ;V CITY FEDERAL 20.00
03919 UNI TEO WAY 16. 00
03920 AESTER,N LIFEUNSCO 28.60
} - 0 3021 ST d?VTH L IQN#.l 15, 000. 00
03922 ST ANTHONY LIG # 1 175.00
03923 ST ANTHINY LIU 41 5,000.00
03924 EAGLE WINE CO 1 ,210. 15
_0.392.5__ . GRI.GGS . COOPER G CO 69263. 24
03926 INTERCONTINFNTAL PKG 806. 5 )
03927 JOHNSON MINE CU 4 , 114.32
03928 R J LEONARD & SO.NS 110. 21
--_0.39-29--__. LY-ST-ADS -- 66.3.5
039'30 EPSCO 2 ,256. 78
_-- .3 5.5_..5 0 .. - -
03932 TWIN CITY WIiNE CO 29941 .82
__033 3,3 __-S_T__ANTH L I_Q...#1 _ -_1.5.,_0.00.00
03934 ST ANTH LIU # 1 5 ,000.00
__..._C.OMM_ OF_ REV. _ _ __67.0. 85
y 03936 PUBLIC EMP RET ASSN 1 , 703.85
03938 COMM OF REV 149556.99
-_ 03939 EAGLE WINECO _ _ 450.3_6_.
03940 GRIGGS COOPERG CO 4, 939.61
03941 EV_LYN-HET ZER _ 70.0.0.0
_) 03942 •DIANE LE CLAIRE _ 125.00
03943 RAYMOND NELSON__
03944 N W BELL TELEPHONE 42. 35
03945 OLD PEORIA CO - ___________-___ 2 ,_7F35-.O1_
0.3946 EPSCO 1 ,652. 78
03947 QUALITY SN_ACKS____
j 03948 QUALITY WINE CO 166. 69
03949 S l ANTH LIQ #1 15,000.00
03950 ST ANTH LUQ#1 175.00
j s 03951 ST AiJ PHONY 1-19 # 1 93.2.5 _
03952 ST ANTH LIQ 42 5, 000.00
_ 03953_ ST _ANTHONY LIU._,#2 _ _ -_ 73.22
03954 TWIN CITY WINE CO 40.78
4
--- _ F IN 11L--T QT AL -- .---.-_--_ --_ _-- 13 7, 841_. 1 1.
•
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
June 14 , 1983
A. Call to--Order-.-- - - -
B. Roll Call.
C. Approval of May 24 , 1983 H.R.A. Minutes .
D. Discussion of Just Compensation for Property to be
Acquired in Phase I .
• E. Adjournment.
CITY OF .ST. ANTHONY
HOUSING AND REDEVELOPMENT. AUTHORITY MINUTES
May 24 , 1983
Chairman Sundland called the meeting to order .at. 9 :13 P.M.
Present for. roll call: Sundland, Vice Chairman Letourneau, and
Commissioners Ranallo and Enrooth.
Absent: Marks.
Also present: David Childs , .Executive Director;. William Soth, Attorney;
Dick Krier of Westwood Planning & Engineering, Inc. ,
Planning Consultant; .-and Stephen Yurick of Arkand Part- .
nership, tentative Redevelopers - of the Kenzie Terrace ,-
Redevelopment Project.
Motion by Vice Chairman- Letourneau and seconded by Commissioner Enroo.th
to approve as submitted the minutes of the H•.R.A. meeting. held May 10 ,
1983.
Motion carried unanimously.
Copies of -the Redevelopment Agreement to be signed by the Chairman and
Secretary/Treasurer had. been distributed .by Mr. Krier who had outlined
the provisions of that agreement in the letter which had been included
--in-the--agend-a--packe.t-zT.The- Plann ngT-Gensu•ltant•-noted•-that- .the•--oontra•c-t
had been signed,- by the parent company of ,Kraus-Anderson, Inc. , which
he perceived-_i;iaiA6 be more beneficial= to`-the City than just.: axing"the
real estate subsidiary .a partner. . Mr-. . Soth. indicated he. had in his
possession the ,$100 , 000 Letter of Credit..:-covering the- first phase of
the project, but intends to see if he can persuade the bank to drop
the two paragraphs they added -to the document because it would be
better for the City if these additions could. be removed.
Mr. Krier reminded-. the H'. R.A.. members .that the redeveloper would have
to submit another- Letter . of .Credit for- $300 , 00°0. before-any- land is
acquired for Phase.2 which-. would minimize,..the City ' s risk if-the property
is acquired and not' developed .by Arkand. The Planning .Consultant said
his firm would be negotiating with Mr. Saliterman . to. -see if--the land
in Phases 2 and .3 could be purchased as needed but - doubted the owner
would go along with that. proposition. .
Mr. Yurick told the .Chairman his: firm would be. promoting Phase 2 sales
as soon as construction is started on- the 134 units in Phase 1 and both
phases could be constructed concurrently -if there is a market demand
for it.
Motion by- Commissioner Ranallo and seconded by Vice Chairman Letourneau
. . --- to.-. adop.-t-the_.reso.l.ution.which-autho.rizes._the execution of .the._Redevelop-
ment-: Agreement :with the ArkandPartnership.
H.R.A. RESOLUTION 83-003
AUTHORIZING THE REDEVELOPMENT CONTRACT
Motion carried unanimously.
-2-
Motion by Commissioner Enrooth and seconded by Chairman Sundland to
.adopt the resolution which authorizes the. H.R.A. Executive Director
to proceed with the acqusition for Phase 1.
H.R.A. RESOLUTION .83-004
AUTHORIZATION. TO .BEGIN ACQUISITION PHASE I
Motion carried unanimously.
The Manager asked -whether -the H.R.A. wanted to proceed with the next :
phase of their contract with Mr. Krier;. Commissioner Ranallo said he .
' perceives the Planning Consultant had done an excellent job in putting
the project together.
' Motion -by Commissioner Ranallo and seconded by Chairman Sundland to
proceed- with Phase 3 of the H.R.A. contract with Westwood Planning
& Engineering, Inc. to retain Richard Krier, President, as. Planning
Consultant for the St. Anthony Housing and Redevelopment Authority .
Motion carried unanimously.
Motion by Commissioner Ranallo and seconded by Commissioner Enrooth
to adjourn the meeting at 9 : 30 P .M.
Motion carried unanimously.
•
Respectfully submitted,
Helen Crowe, Secretary
Mayor
ATTEST:
City Clerk
HRA RESOLUTION 83-005
ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE
• WHEREAS, the St, Anthony Housing & Redevelopment Authority (HRA) is carrying
out a Redevelopment Project and;
immediately east of
WHEREAS, the acquisition of the real property known as 2601 Kenzie Terrace N.E.,
Hennepin County, Minnesota (legal description attached), would further the
implementation of this project and;
WHEREAS, the HRA is authorized by Minnesota Statutes, Section 462.411 et. seq.
to purchase real property and;
WHEREAS, the Planning Commission has found the proposed purchase to be consis-
tent with the Comprehensive Plan and;
WHEREAS, the City Council has approved the redevelopment Plan and;
WHEREAS, the HRA has caused an appraisal of the subject property to be made by a
qualified independent professional real estate appraiser to determine its fair
market value and;
WHEREAS, a qualified appraiser has reviewed the appraisal report, made an on-site
inspection of the property.and has prepared a.written report setting forth his
opinion as to fair market value and;
WHEREAS, the appraisal work has been performed in a competent manner in accor-
dance with applicable State law, the Uniform Relocation Assistance and Real
Property Acquisition Act, and Department of Housing & Urban Development poli-
cies and requirements;
NOW, THEREFORE, BE IT RESOLVED by the St. Anthony Housing & Redevelopment
Authority:
1. That the fair market value of $122.500 is hereby adopted as fair
and just compensation.
2. That the Executive Director, HRA Attorney and Consultant are authorized
to take all necessary actions to.purchase the property, including starting
the procedure for Eminent Domain.
• Passed,by the St. Anthony Housing & Redevelopment Authority this day of
198 .
Chairman
Secretary
ATTEST:
Executive Director
•
XXN'W� WESTWOOD PLANNING & ENGINEERING COMPANY
AGENDA June 14, 1983
St. Anthony HRA Commissioners
3301 N.E. Silver Lake Road
St. Anthony, MN 55418
Subj: Kenzie Terrace Redevelopment Project
Just Compensation
Vacant Land #07-029-23-24-0003
Dear Commissioners:
Within a redevelopment area, the Housing & Redevelopment Authority may
purchase property with the intent of redevelopment. The first step in
the purchase of this property is to establish Just Compensation, which
refers to the HRA's opinion as to what the property is worth on the open
market with a willing seller and a willing buyer. Establishment of Just
Compensation does not obligate the HRA to continue the acquisition process.
The appraisal work required by state statute has been completed. I have
reviewed the appraisal' for real estate completed by O.J. Janski and Assoc-
iates and have received a report from the review appraiser, Donald Hennessy.
This property, which is located immediately east of 2601 Kenzie Terrace .
Northeast, contains 54,462 s.f. The property fronts on Kenzie Terrace and
is serviced by all common public utilities. The property is presently
vacant. Soil conditions are not known. The site is approximately 3 to 4
feet above street grade and is relatively level with no tree cover. (dater
drainage appears to be no problem. The site is adjacent on the west to an
auto body shop; to the north is single family residential neighborhood; to
the east are several retail services and commercial buildings. South of
the site, across Kenzie Terrace, is St. Anthony shopping center area, which
attracts traffic to the area. Mr. Janski's conclusion, which was agreed to by
the review appraiser, Mr. Hennessy, indicates that the highest and best use
would be multi-family residential housing.
Based on the real estate appraiser's and the review appraiser's opinions,
I would recommend that the HRA adopt the attached resolution establishing
Just Compensation at $122,500 ($2.25 per s.f.). We are not required to
share the appraisal information with the property owner and the information
should remain confidential. However, if any HRA commissioners would like
to review the appraisal and review appraisal, they will be available for
your review.
In addition, I would recommend that you authorize myself, the Executive Dir-
ector, and the HRA attorney to purchase the property.
Respectfully,
VWTW LOPLAVNING & ENGINEERING COMPANY
Richard C. Krier, AICP
Attachments
7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 546.0155
0. .T .TAIVSKI"? 'ASS 0CIA TES, INC.J/7 T O w. 26TH STREET/MINNEAPOLIS, MN 55404 167.-372-7 440
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AL E S T A T E A' P P R A I S. E R S A N D C O N S U L T A N T S
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,..- A, I 1 :. -I•L o.`VILL AGE OF Si,An TnOn7_plt�- �-
Location Immediately east of 2601 Kenzie Terrace N.E. St. Anthony, MN.
Area 2(228 x 183) _ - 20, 862
(377 + 295 x 100) - 33, 600
2 54, 462 sq. ft.
Easements To the knowledge of the appraisers, there are no known ease-
ments pertaining to this property.
Streets The property fronts on Kenzie Terrace to the south. Kenzie
Terrace ha.s two traffic lanes in either direction and has a
} center median, concrete curbs and gutters.
• Utilities The site is served by all common public utilities including
sanitary sewer, water, storm sewer, electricity, natural
gas and telephone.
0
J 7t 7��
I O. J. ANSiC & ASSOCZA TESD, I C. 110 W. 26TH STREET 1111INNEAPOLIS.. MN 5541 1/ 612-372-1440
E A L E S T A T E A P P R A I S E R S A AN C C O N S U L S1.
I
LEGAL DESCRIPTION
This property is legally described as follows:
Commencing at the intersection of the North line 'of South
1, 079. 8 feet of the Northwest % with original Northwest-
erly line of County Road 33; thence Southwesterly 300 feet
along said Northwesterly line to a point of beginning of land
to be described; thence at right angles Northwesterly to
North line of South 1, 079. 8 feet of the Northwest la; thence
West to a point in said line 1, 141. 74 feet East from the West
line of Section, thence South parallel with said West line to
original Northwesterly line of County Road; thence North-
easterly to beginning, except roads, Section 7, Township
29, Range 23, Hennepin County, Minnesota.
I STATISTICS
IProperty Identification -No. : 07-029-23-24-0003
Assessor's Estimated Market Value (1981):
I Land $95, 000
Improvements 0
I Total $95, 000
Real Estate Taxes (Payable 1982):
I Base Tax $ 3, 796. 39
Special Assessments 145. 17 - Storm sewer
Total Taxes & Specials $ 3, 941. 56
IBalance of Special Assessments $ 239. 90
,I
I
HRA RESOLUTION 83-006
ESTABLISHING JUST COMPENSATION, AUTHORIZING PURCHASE
WHEREAS, the 51. Anthony Housing & Redevelopment Authority (HRA) is carrying
out a Redevelopment Project and;
WHEREAS, the acquisition of the real property known as 2601 Kenzie Terrace N.E.
Hennepin County, Minnesota (legal description attached), would further the
implementation of this project and;
WHEREAS, the HRA is authorized by Minnesota Statutes, Section 462.411 et. seq.
to purchase real property and;
WHEREAS, the Planning Commission has found the proposed purchase to be consis-
tent with the Comprehensive Plan and;
WHEREAS, the City Council has approved the redevelopment Plan and;
WHEREAS, the HRA has caused an appraisal of the subject property to be made by a
qualified independent professional real estate appraiser to determine its fair
market value and;
WHEREAS, a qualified appraiser has reviewed the appraisal report, made an on-site
inspection of the property.and has prepared a written report setting forth his
opinion as to fair market value and;
WHEREAS, the appraisal work has been performed in a competent manner in accor-
dance.with applicable State law, the Uniform Relocation Assistance and Real
Property Acquisition Act, and Department of Housing & Urban Development poli-
cies and requirements;
NOW, THEREFORE, BE IT RESOLVED by the St. Anthony Housing & Redevelopment
Authority:
I. That the fair market value of $190,032 is hereby adopted as fair
and just compensation.
2. That the Executive Director, HRA Attorney and Consultant are authorized
to take all necessary actions to purchase the property, including starting
the procedure for Eminent Domain.
• Passed by the St. Anthony Housing & Redevelopment Authority this day of
198 .
Chairman
Secretary
ATTEST:
Executive Director
•
WESTWOOD PLANNINGV & ENGINEERING COMPANY m _ :
• AGENDA June 14, 1983
St. Anthony HRA Commissioners
3301 N.E. Silver Lake Road
St. Anthony, MN 55418
Subj: Kenzie Terrace Redevelopment Project
Just Compensation, Authorization to Acquire
Parcel #07-029-23-24-0004
Dear Commissioners:
The purpose of this letter is to ask the HRA to establish Just Compensation
for this parcel of property and its improvements and fixtures and to auth-
orize the HRA attorney, myself and Executive Director to purchase the
property.
The appraisal work required by state statute has been completed. I have
reviewed the appraisals completed by O.J. Janski and Associates, for real
estate; C.R. Pelton and Associates for immovable fixtures, and the review
appraisal completed by Donald Hennessy.
This property, located at 2601 N.E. Kenzie Terrace, contains 41,800 s.f.
There are no easements of record existing across the property. The property
• fronts on Kenzie Terrace to the .south. Kenzie Terrace has two traffic lanes
in either direction and has a center median and concrete curbs and gutters.
There is no median cut in front of the subject site. All common public
utilities are available to the site. There are no soil tests available
on the site. The site is relatively flat with no tree cover.
Immediately adjoining the site to the east is a vacant parcel of land.
Further east on the same side of Kenzie Terrace, are located several smaller
service and small retail commercial buildings. North of the site is a
middleclass residential neighborhood. Adjacent to it on the west is a
mobile home park. Across Kenzie Terrace to the south is St. Anthony Village
Shopping Center, which attracts large vehicle traffic counts in this vicinity,
resulting in the subject site being possibly influenced from the increased
visibility.
O.J. Janskils opinion is that the highest and best use of the site would be
for some type of multi-residential housing. This opinion is shared by
the review appraiser, Hennessy.
The site contains one-story, concrete block, 2 foot steel bar joist, auto
body garage. The building was built in 1953 and added onto in 1958. The
building contains 450 s.f. of office area with asphalt tile, carpeting,
paneling and suspended acoustical tile ceiling. No loading docks, indus-
trial sectional windows, exposed steel frame supported metal deck, 100 amp
system in both front and rear, 40 gallon automatic gas water heater, wash-
room, 2 Johnson ceiling-hung gas space heaters, 1 Reznor space gas heater...
all in shop area, 1 ceiling-hung unit in main office area. Mechanical
7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (812) 546-0155
St. Anthony HRA Commissioners
June 14, 1983
Page 2
equipment includes 2 Phillip 66-style gas pump. On-site improvements
include bituminous driveway, wrought-iron and wood fencing. The physical
condition is judged to be good with no serious apparent structural flaws.
There are two tenants in the building: G & G Body Shop and one construction
company. The immovable fixtures include building wall anchor extending
arm, incandescent sign lights, painted hardboard front sign, 6,000 gallon
underground fuel storage tank, 3,000 underground fuel storage tank, 3,000
gallon underground fuel storage tank, 1,000 gallon underground fuel stor-
age tank, painted metal steel light pole with florescent light fixture,
painted metal steel light pole with florescent light fixture and incan-
descent spot floodlamps, painted concrete pump island, Bennett twin dis-
pensing gasoline pumps, Bower single dispensing gasoline pump, utility
pole anchor mercury vapor light, 2 x 4 paneled framed, paneled formica top
L-shaped work counter, 1 lot of brown-toned floor carpet, 1 lot of brown-
print, rubber-backed floor carpeting, pair of gold tone window drapes
with traverse rods, B. I. series .5,000 btu wall air-conditioning unit,
group plywood storage shelves, Wayne vertical tank air compressor, hori-
zontal tank air compressor, 20 floor pods, single post frame concrete car/
truck hoist, painted wood wall shelves, custom-made CC block paint booth
with Wards hotwater boiler, painted plywood paint and storage cabinet,
• plywood 2-door base workbench, in-ground .service work pit, 2 x 4 painted
wood frame workbench, 1 lot of special purpose process electrical through-
out the area, 1 lot of process air and water pipe connections throughout.
All of the above are associated with the body shop; there are no immovable
fixtures associated with the construction company office.
Based on the appraisals, - it is my judgement that the HRA should establish
Just Compensation at $190,032. Again, the appraisal reports are not re-
quired to be provided to property owners or tenants, but should be reviewed
by the HRA commissioners at their convenience.
In addition, I would recommend that you authorize the Executive Director,
HRA attorney and myself to purchase the property.
Respectfully submitted,
WE JOOD PL NING & ENGINEERING COMPANY
i
Richard C. Krier, AICP
cc: HRA Attorney
Attachments: Proposed resolution, legal description, map
•
o. •T. .TAj-vs=& Assn '. .q T 'S, .r_vc.i,io w. 26TH STREET IMINNEAPCLIS, YIN 5540:!/612-372-144'6
• _ .4 L E S A T E A P P FIR A S r R S A r l D C O i N S U L T A :•1 T S ;
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THE SITE
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VIII AGF OF ST.ANTHONY �' -•,.)•
Location 2601 Northeast Kenzie Terrace, St. Anthony, Minnesota.
Area 100, x ( 4591 2 3771 ) = 41, 800 square feet
Easements There a-re no easements known to exist to the appraisers.
Streets The property fronts on Kenzie Terrace to the south. Kenzie
Terrace has two traffic lanes in a ither direction and has a
center median and concrete curbs and gutters. There is a
median cut in front of the subject site. .
Utilities All common public utilities are available to the site including
sanitary sewer, water, storm sewer, electricity, natural
gas and telephone.
00. J. JANS,7fl&, ASSO CIA TES, INC.//110 W. 26TH STREET/MINNEAPOLIS, MN 5540.1 1672-3724440 2
E S T A T E A P P 7R A i S S R S A N D C O N S U L T, AN T S 1
LEGAL DESCRIPTION
That part of the South 1, 079. 8 feet of the East 100 feet of
the We st 1,::1-4.1. 74 feet of.the Northwe st Quarte r, lying
north of County Road No. 33, Section 7, Township 29,
Range 23, Hennepin County, Minnesota.
STATISTICS
•
Property Identification No. : 07-029-23 24 0004
Assessor's Estimated Market Value (1981);
Land $ 81, 000
Improvements 33, 000
Total $114, 000
Real Estate Taxes (Payable 1982);
Base Tax $ 4, 416. 28
Special Assessments 200. 68 (Street & storm sewer)
Total Taxes & Specials $ 4, 616. 96
Balance of Special Assessments: $ 529. 05