HomeMy WebLinkAboutRES 13-044 Extension of Limited Clean upCITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-044
A RESOLUTION CONFIRMING THE EXTENSION OF LIMITED CLEAN UP AND
PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN
BREAKS FOR WATER AND SEWER CUSTOMERS
WHEREAS, the City of St. Anthony provides water and sanitary sewer services to properties within the
City of St. Anthony, and
WHEREAS, water main breaks may cause water to enter into property causing damage, and
WHEREAS, blockages or other conditions in the City of St. Anthony's sanitary sewer lines may cause the
back-up of sewage into properties that are connected to those City of St. Anthony sanitary
lines; and
WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and
sanitary sewer back-ups; and
WHEREAS, the City of St. Anthony desires to minimize the potential of expensive lawsuits arising out of
water main breaks and sanitary sewer back-up claims; and
WHEREAS, the City of St. Anthony is a member of the League of Minnesota Cities Insurance Trust
(LMCIT); and
WHEREAS, in 2011, the LMCIT offered and the City of St. Anthony participated in limited "no fault"
sewer coverage and water main break coverage that will reimburse users of the water and
sewer system for certain clean-up costs and property damage regardless of whether the City
of St. Anthony is at fault; and
WHEREAS, the City of St. Anthony desires to extend the "no fault sewer coverage and water main break
coverage for the 2013-2014 insurance period.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of St. Anthony, as part of the contract
for providing water and sewer services to the customers of the City of St. Anthony, and in
consideration of the payment of water and sewer bills, agrees to reimburse water and
sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused
by a water main break or sanitary sewer back-up, regardless of whether the City of St.
Anthony is negligent or otherwise legally liable for damages, subject to the following
conditions:
I. Sanitary Sewer Back -Ups. For sanitary sewer back-ups:
A. The back-up must have resulted from a condition in the City of St. Anthony's sanitary sewer
system or lines and not from a condition in a private line.
B. The back-up must not have been caused by catastrophic weather or other events for which
Federal Emergency Management Assistance is available.
C. The back-up must not have been caused by an interruption in electric power to the City of St.
Anthony's sewer system or to any City of St. Anthony's lift station, which continues for more
than 72 hours.
D. The back-up must not have been caused by rainfall or precipitation that would constitute a
100 -year storm as determined by the National Weather Service.
E. Neither the City of St. Anthony nor LMCIT will reimburse any costs which have been or are
eligible to be covered under a property owner's own homeowners' or other property
insurance, or which would be eligible to be reimbursed under a National Flood Insurance
Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage.
F. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 per
building, per year. In this regard, a structure or group of structures served by a single
connection to the City of St. Anthony's sewer system is considered a single building.
II. Water Main Breaks. For water main breaks:
A. LMCIT will pay for claims presented by the City of St. Anthony for water main break
damage to property of others which was not caused by the City of St. Anthony's negligence.
B. Neither the City of St. Anthony nor LMCIT will pay for damages or expenses for which the
property owner has been or is eligible to be reimbursed by any homeowners or other
property insurance.
C. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 to
any claimant, regardless of the number of occurrences or the number of properties affected.
D. Neither the City of St. Anthony nor LMCIT will pay more than $250,000 for water main
break damages resulting form any single occurrence. All water main break damage which
occurs during any period of 72 consecutive hours is deemed to result from a single
occurrence. If the total water main break damage for all claimants in a single occurrence
exceeds $250,000, the reimbursement to each claimant will be calculated as follows:
1. A preliminary reimbursement figure is established for each claimant, equal to the lesser
of the claimant's actual damages or $25,000
2. The sum of the preliminary reimbursement figures for all claimants will be calculated.
3. Each claimant will be paid a percentage of his or her preliminary reimbursement
figure, equal to the percentage calculated by dividing $250,000 by the sum of all
claimants' preliminary reimbursement figures.
Adopted this 11th day of Lune 2013
ATTEST:
Barbara J. S ci , City Clerk
4L,�X�7a_
erome O. Faust, Mayor
Review for Administration: Vd (A z
Mark Casey, G6 Manager
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the
City of St. Anthony, Minnesota (the "City"), hereby certify that the attached resolution is
a true copy of Resolution No. 13-043, entitled: "RESOLUTION GIVING
PRELIMINARY APPROVAL TO THE ISSUANCE OF MULTIFAMILY HOUSING
REVENUE BONDS PURSUANT TO MINNESOTA STATUTES, CHAPTERS 462A
AND 462C, ON BEHALF OF ST. ANTHONY LEASED HOUSING ASSOCIATES II,
LIMITED PARTNERSHIP" (the "Resolution"), on file in the original records of the City
in my legal custody; that the Resolution was duly adopted by the City Council of the City
at a meeting on May 28, 2013 and that the meeting was duly held by the City Council and
was attended throughout by a quorum, pursuant to call and notice of such meeting given
as required by law; and that the Resolution has not as of the date hereof been amended or
repealed.
I further certify that upon vote being taken on the Resolution at said meeting, the
following Councilmembers voted in favor thereof:
j iU sf-9,00se vl
Cray �%ltG
and the following voted against the same:
and the following abstained from voting thereon or were absent:
P -0+W1- &iii ll )
WITNESS my hand officially this 28`h day of May, 2013.
The Mayor stated that this was the time and place fixed for a public hearing to be
held on (i) a proposal that the City issue revenue bonds, in one or more series (the
"Bonds"), under Minnesota Statutes, Chapters 462A and 462C, as amended (the "Act")
and, with respect to any tax-exempt series, Section 142(d) of the Internal Revenue Code
of 1986, as amended (the "Code"), in order to finance a project (the "Project") on behalf
of St. Anthony Leased Housing Associates II Limited Partnership, a Minnesota limited
partnership (the "Borrower") and (ii) a housing program prepared with respect to the
Project and its financing (the "Housing Program"). The City Clerk presented an affidavit
showing publication of the notice of public hearing at least once not less than 14 nor
more than 30 days prior to the date fixed for the public hearing, in the St. Anthony
Bulletin, the official newspaper of St. Anthony, Minnesota (the "City"). The affidavit
was examined, found to be satisfactory and ordered placed on file with the City Clerk.
The Mayor then opened the meeting for the public hearing on the proposal to
issue the Bonds on behalf of the Borrower and approve the Housing Program. The
purpose of the hearing was explained, the nature of the proposed Bonds was discussed,
and all persons present who desired to do so were afforded an opportunity to express their
views with respect to the proposal to issue the Bonds and approve the Housing Program,
in response to which the following persons either appeared, were recognized and made
statements, or filed written comments with the City Clerk before the date set for the
hearing, summaries of which appear opposite their respective names:
Name of Sneaker Summary of Views
The City Manager [reported that no written comments had been] [read a summary
of the written comments] * filed in the Manager's office before the date of the hearing.
After all persons who wished to do so had stated or filed their views on the
proposal, the Mayor declared the public hearing to be closed.
*Strike inappropriate language
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION NO.13-043
RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS PURSUANT TO MINNESOTA
STATUTES, CHAPTERS 462A AND 462C, ON BEHALF OF ST. ANTHONY
LEASED HOUSING ASSOCIATES II, LIMITED PARTNERSHIP
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota
(the "City"), as follows:
Section 1. Recitals
1.1 St. Anthony Leased Housing Associates II, Limited Partnership, a
Minnesota limited partnership (the `Borrower"), has proposed that the City issue its
multifamily housing revenue bonds in one or more series (the "Bonds") and loan the
proceeds to the Borrower. The proceeds of the Bonds would be used to finance a portion
of the costs of the acquisition, construction and equippini of a 169 -unit multifamily
senior housing Project (the "Project") located at 2500 38` Avenue NE in the City. The
Borrower has requested that the City consider the issuance of the Bonds, in a principal
amount not to exceed $18,750,000, to assist in the financing of the Project. The City is
authorized by Minnesota Statutes, Chapter 462C (the "Act'), to issue its revenue bonds
(the "Bonds") to finance multifamily housing Projects such as the Project. Minnesota
Statutes, Section 462C.07 provides that programs for such multifamily housing Projects
may be financed with revenue bonds issued by the City, following adoption of a housing
program, after a public hearing, and other proceedings conducted in accordance with the
requirements of the Act. A copy of the Housing Program prepared with respect to the
Project and its financing (the "Housing Program") has been presented to this Council and
is ordered placed on file with the City Clerk. The Housing Program has been submitted
to the Metropolitan Council for review and comment as required by the Act.
1.2. At a public hearing, duly noticed and held on the date hereof, in accordance
with Minnesota Statutes, Section 462C.05, subdivision 5 and Section 147(f) of the
Internal Revenue Code of 1986, as amended, on the proposal to issue the Bonds and
approve the Housing Program, all parties who appeared at the hearing were given an
opportunity to express their views with respect to such proposal and interested persons
were given the opportunity to submit written comments to the City Manager before the
date of the hearing.
Section 2. Preliminary Approval of Bond Financine. On the basis of the
information given the City to date, the views submitted at the public hearing and the
written comments (if any) submitted to the City on the Housing Program and issuance of
the Bonds, the Housing Program is hereby adopted and preliminary approval is hereby
given to the issuance of the Bonds, in an amount not to exceed $18,750,000, to provide
financing for the Project. The adoption of this resolution shall not be deemed, however,
to establish a legal obligation on the part of the City or its Council to issue or to cause the
issuance of the Bonds. All details of the Bonds and the provisions for payment thereof
shall be subject to final approval of this Council prior to their issuance. The Bonds, if
issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any
property of the City, except the revenues to be received from the operation of the Project
and owner thereof specifically pledged to the payment thereof, and each Bond, when, as
and if issued, shall recite in substance that the Bond, including interest thereon, is payable
solely from said revenues and funds specifically pledged to the payment thereof, and
shall not constitute a debt or pecuniary liability of the City within the meaning of any
constitutional or statutory limitation.
Section 3. Application for Bond Issuance Allocation. The Mayor and City
Manager, in consultation with the Borrower, are authorized to execute the necessary
documents on behalf of the City to apply for an allocation of bonding authority for the
Project pursuant to the provisions of Minnesota Statutes, Chapter 474A.
Adopted this 28`h day of May, 2013.
4Jerome.aust, Mayor
Attest:��
Barbara J. i, City Clerk
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-042
A RESOLUTION ACCEPTING A COMMUNITY PARTNERSHIP GRANT FROM
CENTERPOINT ENERGY FOR THE ST. ANTHONY FIRE DEPARTMENT
WHEREAS, the City of St. Anthony's Fire Department applied for a Community
Partnership Grant through CenterPoint Energy; and
WHEREAS, the City of St. Anthony's Fire Department received notification that their
application was accepted; and
WHEREAS, CenterPoint Energy awarded the $1,300.00 matching grant to the St.
Anthony Fire Department during the May 28, 2013, City Council meeting;
and
WHEREAS, the City of St. Anthony's Fire Department will utilize the grant to assist in
purchasing miscellaneous fire equipment that will assist the St. Anthony
Fire Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby accepts the Community Partnership Grant from CenterPoint Energy for the St.
Anthony Fire Department.
Adopted this 28+s day of May, 2013
ATTEST:
Barbara J. Suci"Oka"
rk
Review for Administration:
0.
Faust, Mayor
�v 0,1k
Mark Casey, City Manager
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION NO. 13-041
APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE ST. ANTHONY -NEW BRIGHTON SCHOOL DISTRICT #282
FOR THE 2013 ELECTIONS
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony -New Brighton
Independent School District No. 282 (ISD #282), desire to perform their
elections in odd numbered years; and
WHEREAS, the "City" and ISD #282 will combine elections of the City Council and
School Board and hold said combined elections on the First Tuesday after
the first Monday in November.
NOW, THEREFORE, BE IT RESOLVED that:
1) the City Clerk will conduct all local General Elections; and
2) voting equipment, responsible by the City will be used; and
3) the School District will reimburse the City 50% of the total non -fixed costs
associated with the election; and
4) the City will pay the full cost of any local General Election for which the ISD
#282 doesn't have an items on the ballot; and
5) ISD #282 will hold the City harmless in the conduct of elections.
Approved and adopted this 28th day of
Jerome O. Faust, Mayor
ATTEST: ;AIAU
Barbara J. Such City Clerk
Reviewed for Administration: waa
Mark Casey, City ' anager
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-040
A RESOLUTION ACCEPTING THE SALO POND WATER QUALITY IMPROVEMENT
PROJECT PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, the Salo Ponds Water Quality Improvement Project will meet the water quality permitting
requirements of the Rice Creek Watershed District for the City's 2013 street reconstruction
program; and
WHEREAS, the Salo Ponds Water Quality Improvement Project is identified in the MPCA approved
Silver Lake TMDL Implementation Plan; and
WHEREAS, the engineering firm of WSB & Associates, Inc. has prepared plans and specifications for the
construction of a water quality treatment system for Salo Ponds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.) Such improvements are necessary, cost-effective, and feasible.
2.) Such plans and specifications are hereby approved.
3.) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the
Finance and Commerce, an advertisement for bids upon the making of such improvements under such
approved plans and specifications. The advertisement shall be published for two times, shall specify the
work to be done, shall state that bids will be opened on or about June 13, 2013, and bids will be
considered by the City Council. Any bidder whose responsibility is questioned during consideration of
the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check,
bid bond, or certified check payable to the City of St. Anthony for five (5%) percent of the amount of
such bid.
Adopted this 10 day of May, 2013.
ATTEST:
Barbara J. Suciu,10ty Clerk
Reviewed for administration:
.Jerome O. Faust, Mayor
Mark Casey, City Nf nager
F!CouncilMeetingsl20l3lO51410131Resolution 13 -=-Accept Pime.doa
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-039
A RESOLUTION ACCEPTING DONATIONS AND GRANTS FOR
2012 & 2013 FOR THE CITY OF ST. ANTHONY VILLAGE
WHEREAS, the City of St. Anthony is required to accept all donations and grants by
resolution; and
WHEREAS, the City of St. Anthony has received the following donations and grants;
2012
$10.00 Judy Lindsey
St. Anthony Police Department - Crime Prevention
$600.00 St. Anthony Health Care Center
St. Anthony Fire Department - Goodwill Donation
2013
$500.00
Kiwanis Club of St. Anthony
St. Anthony Police Department - for Community Service
$8,679.83
Ramsey County
St. Anthony Police Department - High Visibility Grant
$1.666.66
Ramsey County
St. Anthony Police Department - Radar Equipment Grant
$4,255.31
Ramsey County
St. Anthony Police Department - Safe and Sober Grant
$1,000.00
MWMO - Mini Grant
St. Anthony & St. Charles Storm Water Swale Collaboration
$2UU.00 David & Barbara Hughes
St. Anthony Police Department - Crime Prevention Donation
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village hereby accepts donations and grants for 2012 & 2013 for the City of St. Anthony
Village.
Adopted this 1401 day of May, 2013.
a" � � % ..
°Jerome O. Faust, Mayor
ATTEST:
Barbara Suciu, Cify Clerk
Review for Administration: 4�4A C-(/
Mark Casey, City Manager
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-035
A RESOLUTION AUTHORIZING PARTICIPATION IN THE
2013-2014 GREENCORPS PROGRAM
WHEREAS, the City of St. Anthony had applied to host an AmeriCorps member from the
Minnesota GreenCorps, a program of the Minnesota Pollution Control
Agency (MPGA), for the 2012-2013 program year; and
WHEREAS, the City of St. Anthony was awarded to host an AmeriCorps member from
the Minnesota GreenCorps for the 2012-2013 program year; and
WHEREAS the City of St. Anthony desires to apply to host an AmeriCorps member from
the Minnesota GreenCorps, for the 2013-2014 program year; and
WHEREAS, the MPCA requires that the City of St. Anthony enter into a host site
agreement with the MPCA that identifies the terms, conditions, roles and
responsibilities.
BE IT RESOLVED THAT the City of St. Anthony hereby agrees to enter into and sign a
host site agreement with the MPCA to carry out the member activities specified therein and
to comply with all of the terms, conditions, and matching provisions of the host site
agreement and authorizes and directs the City Manager to sign the grant agreement on its
behalf.
Adopted this 23,d day April, 2013.
C_
ATTEST: erome O. Faust, Mayor
1
Barbara J. Suciutity Clerk
Reviewed for administration: / N t/ 1 a li(.(' Z
Mark Casey, City M&nager
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 13-037
RESOLUTION IN SUPPORT OF A METROPOLITAN AREA DEDICATED
TRANSIT SALES TAX
WHEREAS, the Seven County Metropolitan Area ("Metro') is the economic engine for
the State of Minnesota producing approximately 75% of the state's domestic
gross product; and
WHEREAS, the Metro is expected to grow by approximately 600,000 people by 2030; and
WHEREAS, the Metro has been working diligently to grow, retain and attract jobs for
our state economy; and
WHEREAS, an effective and efficient transportation system is critical to be able to
economically compete with other regions in the country and to attract new
companies and employees to our Metro region; and
WHEREAS, an effective and efficient transit system relieves congestion for highway and
roadway users, attracts new economic investments, provides an essential
mobility infrastructure for workers, businesses and students; and
WHEREAS, approximately 79% of Minnesotans believe our state would benefit from
having an expanded and improved public transit system; and 65% of
Minnesotans support an increase in the Metro area sales tax to fund transit.
NOW, THEREFORE, THE CITY COUNCIL of the City of St. Anthony Village does
hereby encourage all Minnesota legislators to support the passage of a bill providing for
a Metro wide increase in the sales tax in order to create a reliable and sufficient transit
funding source that not only keeps the Twin Cities Metropolitan Region highly
competitive with other regions but helps Minnesota create a world class transportation
system that will allow our state to compete more effectively on a global scale and reach
our full economic development potential.
Adopted this 26th day of March, 2013.
J rome O. Faust, Mayor
ATTEST:
Barbara Suciu, Clerk
Review for Administration: " // y 1/J 441 Z
Mark Casey, City Matrager