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HomeMy WebLinkAboutCC PACKET 05122015 CITY COUNCIL MEETING AGENDA May 12, 2015 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the May 12, 2015, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. A. Announcement of the Chamber’s Village of the Year and Business of the Year. Wendy Webster will be presenting. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of April 28, 2015, Council Meeting Minutes. (pp. 1-5) B. Licenses and Permits. (pp.7) C. Claims. (pp. 9-11) IV. Public Hearing. None. V. Reports from Commission and Staff. None VI. General Business of Council. A. St. Anthony Police Crime Prevention Program Overview. Chief John Ohl and Sergeant Jon Mangseth will be presenting. B. Fiber Connection Agreement between City of St. Anthony and St. Anthony-New Brighton School District. (motion requested). Mark Casey, City Manager presenting. (pp. 13-19) C. Overnight Closure of St. Anthony Boulevard. (motion requested). Mark Casey, City Manager presenting. (pp. 21) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements. X. Adjournment. H.R.A. meeting immediately after the Council meeting Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 APRIL 28, 2015 3 4 CALL TO ORDER. 5 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11 12 ROLL CALL. 13 14 Present: Mayor Faust; Councilmembers Brever, Gray, Jenson, and Stille. 15 Absent: None. 16 Also Present: City Manager Mark Casey, Finance Director Shelly Rueckert, and Human Resources 17 Coordinator Charlie Yunker. 18 Guest: Shelly Eldridge (Ehlers & Associates). 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF THE APRIL 28, 2015, CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 26 Council Meeting Agenda of April 28, 2015. 27 Motion carried unanimously. 28 29 II. PROCLAMATIONS AND RECOGNITIONS. 30 31 A. Recognition of the “2014 Spirit of Saint Anthony” Award Recipient. 32 33 City Manager Casey stated the Spirit of Saint Anthony Award is based on the acronym of 34 S.E.R.V.I.C.E. and all employees have the opportunity to nominate and vote for the winner. He 35 introduced last year’s Spirit of Saint Anthony award winner, Phuongmai Dang. 36 37 Ms. Dang stated the 2014 Spirit of Saint Anthony award winner is Mattie Jaros of the Fire 38 Department. She stated that Ms. Jaros has introduced the physical fitness program to the Fire 39 Department and was responsible for the Fire Department Open House. She then presented Ms. 40 Mattie Jaros with the 2014 Spirit of Saint Anthony award. 41 42 Ms. Jaros stated she was honored to be presented the 2014 Spirit of Saint Anthony award and 43 thanked everyone for the award. 44 45 Mayor Faust expressed the City Council’s thanks and appreciation to Ms. Jaros for her service to 46 the City. 47 48 III. CONSENT AGENDA. 49 50 1 A. Consider April 14, 2015, City Council meeting minutes; 1 B. Consider licenses and permits; and 2 C. Consider payment of claims. 3 4 Motion by Councilmember Brever, seconded by Councilmember Gray, to approve the Consent 5 Agenda items. 6 Motion carried unanimously. 7 8 IV. PUBLIC HEARING. 9 10 A. 2016 Budget. Shelly Rueckert, Finance Director, presenting. 11 12 Mayor Faust opened the public hearing at 7:07 p.m. 13 14 Finance Director Rueckert reviewed the 2016 budget calendar and stated that tonight’s public 15 hearing is an opportunity for early resident input into the 2016 budget with final adoption of the 16 2016 budget scheduled for December 8, 2015. She explained that the City’s main operating fund 17 is the General Fund with 52% of revenues derived from property taxes, 22% from charges for 18 services including contracted police and finance services, 13% from other government agencies 19 including LGA, and the balance of revenues are comprised of fees, fines and other 20 reimbursements. She presented a graph showing how General Fund revenues support City 21 services as well as information on the 2014 and 2015 General Fund and overall levies. She 22 stated that the 2015 overall levy increase was $218,900 or a 3.9% increase and the 2016 budget 23 will establish the levy components for the 2016 calendar year. 24 25 No speakers were present and Mayor Faust closed the public hearing at 7:12 p.m. 26 27 V. REPORTS FROM COMMISSION AND STAFF - NONE. 28 29 VI. GENERAL BUSINESS OF COUNCIL. 30 31 A. Resolution 15-033; a Resolution Relating to $2,675,000 General Obligation Bonds, 32 Series 2015A; Awarding the Sale, Fixing the Form and Details and Providing for the 33 Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes 34 for the Payment Thereof. Shelly Eldridge, Ehlers & Associates, presenting. 35 36 Ms. Shell y Eldridge, Ehlers & Associates, reported that the sales call was held this morning for 37 the sale of the General Obligation Bonds to finance the 2015 road improvement project and nine 38 bids were received with the low bidder being United Bankers’ Bank of Bloomington, Minnesota. 39 She explained that the original amount of the bond sale was $2,675,000 but the par amount was 40 reduced to $2,580,000 because of a premium bid offered by the underwriter. She stated the 41 premium offering was $78,000 and there was also a discount of approximately $12,000; in 42 addition, the cost of issuance came in $3,000 less than anticipated and the true interest cost is 45 43 basis points higher than what the City received at 2.167%, so the total interest over the life of the 44 bond was $59,000 less than estimated. 45 46 Motion by Councilmember Stille, seconded by Councilmember Brever, to approve Resolution 47 15-033; a Resolution Relating to $2,580,000 General Obligation Bonds, Series 2015A; Awarding 48 2 the Sale to United Bankers’ Bank, Bloomington, Minnesota, Fixing the Form and Details and 1 Providing for the Execution and Delivery Thereof and Security Therefor and Levying Ad 2 Valorem for the Payment Thereof. 3 4 Motion carried unanimously. 5 6 B. Resolution 15-034; a Resolution for the 2015 Street Improvement Bond Reimbursement. 7 Shelly Eldridge, Ehlers & Associates, presenting. 8 9 Ms. Eldridge explained this resolution is an IRS requirement that states whenever project costs 10 have been paid prior to receipt of bonds, there needs to be a reimbursement resolution that 11 authorizes the finance director to complete declarations that outline the costs and dollars that will 12 be refunded with the bond proceeds so that the City can reimburse itself. 13 14 Motion by Councilmember Gray, seconded by Councilmember Brever, to approve Resolution 15 15-034; a Resolution for the 2015 Street Improvement Bond Reimbursement. 16 17 Motion carried unanimously. 18 19 C. MWMO Shared Services Agreement Amendment. Charlie Yunker, Human Resources 20 Coordinator, presenting. 21 22 Human Resources Coordinator Yunker presented the updated Shared Services Agreement with 23 the Mississippi Watershed Management Organization (MWMO) and explained that the 24 agreement was amended to include human resources services. He stated that in 2012, the initial 25 Shared Services Agreement included accounting functions for payroll, accounts payable and 26 audit preparation and in 2014, the Shared Services Agreement was expanded to include onsite 27 staff time. He stated the current amendment indicates that human resources support will be 28 shared 50-50 between the City and MWMO and outlines the job description for the Human 29 Resources Coordinator that was developed by the City and MWMO. 30 31 Councilmember Jenson asked if the City’s arrangement with the City of New Brighton for 32 human resources services was no longer in place. 33 34 City Manager Casey advised the City no longer has an arrangement with the City of New 35 Brighton to provide human resources services. 36 37 Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve the Amended 38 Shared Services Agreement with the Mississippi Watershed Management Organization. 39 40 Motion carried unanimously. 41 42 D. Resolution 15-035; a Resolution Declaring Support for Institutionalization of the 43 Regional Indicators Initiative. 44 45 Mayor Faust recited the Resolution prepared by the Urban Land Institute (ULI Minnesota) and 46 stated the Institutionalization of the Regional Indicators Initiative (IRII) looks at various 47 indicators, e.g., energy, water, waste, and will be made publicly available. He stated the 48 3 Resolution does not bind the City in any way and is intended to reflect the City’s commitment to 1 the advancement of the IRII, a nonpartisan process under the auspices of ULI Minnesota. 2 3 Motion by Mayor Faust, seconded by Councilmember Stille, to approve Resolution 15-035; a 4 Resolution Declaring Support for Institutionalization of the Regional Indicators Initiative. 5 6 Motion carried unanimously. 7 8 E. Resolution 15-036; a Resolution Authorizing Participation in the 2015-2016 GreenCorp’s 9 Program. Mark Casey, City Manager, presenting. 10 11 City Manager Casey stated this resolution authorizes staff to submit an application to become a 12 GreenCorp host site for the 2015-2016 program year. He stated this program is part of the 13 AmeriCorp program coordinated by the Minnesota PCA and the City was awarded GreenCorp 14 member Nick Voss for the 2012-2013 and all compensation is handled through the AmeriCorp 15 program with no cost to the City other than providing office space and staff supervision. 16 17 Motion by Councilmember Brever, seconded by Councilmember Gray, to approve Resolution 18 15-036; a Resolution Authorizing Participation in the 2015-2016 GreenCorp Program. 19 20 Motion carried unanimously 21 22 F. First Quarter Goals Update. Mark Casey, City Manager, presenting. 23 24 City Manager Casey reported that the City’s organized collection began April 1st. He stated the 25 City conducted carp removal on Silver Lake on March 4th and a video of the carp removal is 26 available on the City’s website. He advised that Wellhead Phase 1 has been completed with 27 respect to the City’s source water access planning. He stated the 2015 street improvement 28 project was started in April. He reported that the City is working with a contractor to provide a 29 road reconstruction education event this summer. He advised the City Council tour of the City is 30 scheduled for May 19th. He stated that the Planning Commission is currently working on a solar 31 ordinance. He stated the City is working with Hamline “CityLabs” on the City’s code 32 enforcement program and will be presenting a recommendation to the City Council. He stated 33 the City’s website contains project updates and information sheets and was recently updated to 34 include the 2015 chip sealing program. He advised that the City will begin its shared building 35 inspection program with New Brighton on Friday, May 1st. 36 37 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 38 39 City Manager Casey reported on the power outage last week and stated that the City’s 40 Emergency Operations Center was activated in order to coordinate efforts of all departments. He 41 commended all the staff for executing their duties in a flawless manner during this event. He 42 announced that organization collection began on April 1st and indicated that residents can click 43 on the organized collection section of the City’s website and view a cost comparison of the fees 44 and taxes for small, medium, and large containers. He encouraged residents to call City Hall or 45 their hauler if they notice any discrepancies in their bill. He stated the City’s website contains 46 information about the 2015 chip seal program including a project description and goals and 47 4 funding sources. He reminded residents about cleanup day on Saturday, May 2nd, from 9:00 1 a.m.-12:00 noon at the Public Works facility. 2 3 Mayor Faust encouraged residents to review their organized collection bill for accuracy and to 4 contact either the City or their hauler if they have questions. He commended the construction 5 crew for doing the sewer work on Highcrest and 36th Avenue on a Saturday to minimize 6 disruption to the schools and residents. 7 8 Councilmember Gray – no report. 9 10 Councilmember Brever reported on her attendance at the April 21st joint meeting with the School 11 Board. She also reported on her attendance at the Sister City celebration on April 19th. 12 13 Councilmember Jenson reported on his attendance at the April 21st joint meeting with the School 14 Board. 15 16 Councilmember Stille reported on his attendance at the Sister City celebration on April 19th. He 17 also reported on his attendance at the joint meeting with the School Board on April 21st. 18 19 Mayor Faust reported on his attendance at the April 16th meeting with Cara Letofsky, the City’s 20 new Met Council representative. He also reported on his attendance along with Councilmembers 21 Jenson and Stille at the April 16th Metro Cities annual meeting where City Manager Casey was 22 elected President. He noted that Councilmembers Gray and Brever represented the City on April 23 16th at the Chamber of Commerce meeting. He also reported on his attendance at the April 19th 24 Sister City celebration and indicated Minneapolis will be hosting the 59th annual Sister City 25 meeting in July. He also reported on the City Council’s attendance at the April 21st joint meeting 26 with the School Board. 27 28 VIII. COMMUNITY FORUM. 29 30 Mayor Faust invited residents to come forward at this time and address the Council on items that 31 are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. 32 33 IX. INFORMATION AND ANNOUNCEMENTS. 34 35 Mayor Faust reminded residents about the City’s cleanup day on Saturday, May 2nd. 36 37 X. ADJOURNMENT. 38 39 Mayor Faust adjourned the meeting at 7:53 p.m. 40 41 Respectfully submitted, 42 Barbara Hughes (TimeSaver Off Site Secretarial, Inc.) 43 _ _ 44 ATTEST: ________________________________ Mayor 45 Acting City Clerk 46 5 T H I S P A G E L E F T I N T E N T I A L L Y B L A N K 6 Saint Anthony Village DATE: May 12, 2015 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Gosiak Tree Service, Little Falls, MN Rainbow Treecare, Minnetonka, MN Mechanical License: Aabbott Ferraro, Roseville, MN G & H Heating & Air, Shoreview, MN Retail Fireworks License: Applicant: Cub Foods Location: 3930 Silver Lake Rd NE Commercial Rental License: Applicant: Legends at Silver Lake Village Location: 2500 38th Ave NE Minnesota Lawful and Gambling License: Applicant: International Union of Operating Engineers Location: 2829 Anthony Lane NE Date: March 16, 2016 Parks Special Event Beer Permit: Applicant: Paige Buck Location: Emerald Park Date: June 11, 2015 Applicant: Mary Ruth Madison Location: Central Park Date: July 12, 2015 7 T H I S P A G E L E F T I N T E N T I A L L Y B L A N K 8 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 5/13/2015 - 5/13/2015 May 06, 2015 09:15AM Vendor Number Payee Check Number Check Issue Date Amount 12119 AEI CONSTRUICTION INC 26228 05/13/2015 145,009.90 10056 ALLIED MEDICAL PRODUCTS 26229 05/13/2015 61.99 12121 ALTMEYER, ROXANNE 26230 05/13/2015 100.00 1054 AMERICAN BOTTLING CO 26231 05/13/2015 224.64 10098 ARAMARK 26232 05/13/2015 306.45 1100 ARTISIAN BEER COMPANY 26233 05/13/2015 4,532.57 1101 BAUHAUS BREW LABS LLC 26234 05/13/2015 866.75 1013 BELLBOY CORPORATION 26235 05/13/2015 11,056.81 1014 BELLBOY CORPORATION 26236 05/13/2015 69.00 10162 BEN SAEFKE PHOTOGRAPHY 26237 05/13/2015 30.00 1035 BERNICK'S BEVERAGE & VENDING 26238 05/13/2015 1,346.85 8544 BOURGET IMPORTS 26239 05/13/2015 203.00 10191 BRAZIL, KIM 26240 05/13/2015 37.36 10197 BRIAN NELSON INSPECTION SVCS 26241 05/13/2015 1,290.00 12122 BRYAN ROCK PRODUCTS INC 26242 05/13/2015 636.66 1017 CAPITOL BEVERAGE SALES 26243 05/13/2015 14,686.73 10290 CITY OF NEW BRIGHTON 26244 05/13/2015 549.29 10293 CITY OF ROSEVILLE 26245 05/13/2015 7,950.12 10306 CITY WIDE WINDOW SERVICE INC 26246 05/13/2015 69.63 1010 CLEAR RIVER BEVERAGE COMPANYMPANY 26247 05/13/2015 2,834.64 1021 COCA COLA REFRESHMENTS USA, INC.26248 05/13/2015 637.80 10332 COMPTON'S COMMERCIAL CLNG. INC 26249 05/13/2015 3,578.00 10351 CREATIVE PRODUCT 26250 05/13/2015 1,774.60 1042 CRYSTAL SPRINGS ICE 26251 05/13/2015 473.80 10438 D ROCK CENTER & SMALL ENG 26252 05/13/2015 127.00 10415 DIRECTV INC 26253 05/13/2015 974.44 1045 EXTREME BEVERAGE 26254 05/13/2015 729.30 11870 FEDEX 26255 05/13/2015 8.02 10508 FERGUSON WATERWORKS 26256 05/13/2015 74.23 10517 FIRE SAFETY USA, INC.26257 05/13/2015 280.00 10550 G & K SERVICES INC 26258 05/13/2015 297.63 10554 GCR TIRES & SERVICE 26259 05/13/2015 979.32 1032 GRAPE BEGINNINGS, INC.26260 05/13/2015 1,603.00 10619 HARMON AUTO GLASS - ROSEVILLE 26261 05/13/2015 260.00 10636 HEDBACK, ARENDT & CARLSON PLLC 26262 05/13/2015 3,500.00 10673 HEWLETT PACKARD COMPANY 26263 05/13/2015 190.00 1019 HOHENSTEIN'S, INC 26264 05/13/2015 5,811.17 10684 HOME DEPOT CREDIT SERVICES 26265 05/13/2015 39.98 1027 INDEED BREWING COMPANY 26266 05/13/2015 1,221.00 10727 INLAND TRS PROPERTY MANAGEMENT 26267 05/13/2015 2,559.29 10774 JERSEY MIKE'S SUBS 26268 05/13/2015 118.30 1016 JJ TAYLOR DISTRIBUTING 26269 05/13/2015 53,908.70 1004 JOHNSON BROTHERS LIQUOR CO.26270 05/13/2015 15,198.25 1005 JOHNSON BROTHERS LIQUOR COMPANY.26271 05/13/2015 7,792.19 1006 JOHNSON BROTHERS LIQUOR COMPANY.26272 05/13/2015 20,363.67 1044 JOHNSON BROTHERS LIQUOR COMPANY.26273 05/13/2015 5,302.27 10797 KONICA MINOLTA BUSINESS 26274 05/13/2015 77.15 10831 LEAGUE OF MINNESOTA CITIES 26275 05/13/2015 500.00 10857 LMCIT % BERKLEY ADMINISTRATORS 26276 05/13/2015 67,751.21 1022 M. AMUNDSON LLP 26277 05/13/2015 2,065.42 10931 METROPOLITAN COUNCIL - WASTEWATER 26278 05/13/2015 49,448.42 10937 MIDC ENTERPRISES 26279 05/13/2015 293.37 10940 MIDWEST ASPHALT CORPORATION 26280 05/13/2015 17.72 9 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 5/13/2015 - 5/13/2015 May 06, 2015 09:15AM Vendor Number Payee Check Number Check Issue Date Amount 1053 MILLNER HERITAGE VINEYARDS 26281 05/13/2015 153.00 10982 MINNESOTA DEPT OF HEALTH 26282 05/13/2015 46.00 12058 MINNESOTA STREET SUPERINTENDENTS ASSO 26283 05/13/2015 15.00 11089 NAPA AUTO PARTS 26284 05/13/2015 24.26 11976 NCR CORPORATION 26285 05/13/2015 1,656.00 1051 NEW FRANCE WINE COMPANY 26286 05/13/2015 243.00 12120 NORTH STAR WOMENS FIREFIGHTER ASSN 26287 05/13/2015 50.00 11149 NORTHSTAR INSPECTION SERVICES 26288 05/13/2015 3,484.29 11163 OFFICE DEPOT 26289 05/13/2015 124.29 11185 PACE ANALYTICAL SERVICES, INC.26290 05/13/2015 380.00 11186 PAETEC 26291 05/13/2015 243.02 1012 PAUSTIS & SONS 26292 05/13/2015 3,353.65 1001 PHILLIPS WINE & SPIRITS 26293 05/13/2015 2,774.62 1002 PHILLIPS WINE & SPIRITS 26294 05/13/2015 2,590.75 11246 PRAXAIR 26295 05/13/2015 36.54 12008 PREMIER LIGHTING 26296 05/13/2015 5,703.60 11309 RAMY TURF PRODUCTS 26297 05/13/2015 111.00 11345 ROSEVILLE CHRYSLER DODGE 26298 05/13/2015 196.14 1046 SAPSUCKER FARMS, LLC 26299 05/13/2015 63.60 11885 SCHLINGMAN, JON 26300 05/13/2015 350.00 1026 SOUTHERN LIQUOR 26301 05/13/2015 8,984.76 1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 26302 05/13/2015 2,116.26 1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 26303 05/13/2015 524.75 11457 ST ANTHONY VILLAGE CENTER, LLC 26304 05/13/2015 2,081.79 2001 STEEL TOE BREWING 26305 05/13/2015 352.80 11502 STREICHER'S 26306 05/13/2015 155.87 11513 SULLIVAN, TOM 26307 05/13/2015 125.00 12123 SUMMIT COMPANIES 26308 05/13/2015 55.50 11536 TASC 26309 05/13/2015 645.00 11538 TASER INTERNATIONAL 26310 05/13/2015 1,331.14 11543 TECH SALES CO 26311 05/13/2015 1,121.60 11545 TEE JAY NORTH, INC 26312 05/13/2015 152.00 11552 TESSMAN SEED INC.26313 05/13/2015 3,092.76 11566 TIMESAVER OFF SITE SECRETARIAL 26314 05/13/2015 133.00 1031 TIN WHISKERS BREWING COMPANY 26315 05/13/2015 300.00 1003 TKO WINES, INC.26316 05/13/2015 720.00 11586 TRACY PRINTING 26317 05/13/2015 935.80 1098 TRADITION WINE & SPIRITS 26318 05/13/2015 224.00 11819 TRUE NORTH ELECTRIC 26319 05/13/2015 903.00 11637 UNITED ELECTRIC COMPANY 26320 05/13/2015 160.00 11674 VERIZON WIRELESS 26321 05/13/2015 1,183.00 11682 VIKING INDUSTRIAL CENTER 26322 05/13/2015 42.28 1025 VINOCOPIA 26323 05/13/2015 775.50 1034 WINE COMPANY/THE 26324 05/13/2015 1,262.15 1038 WINE MERCHANTS INC 26325 05/13/2015 2,030.50 1011 WIRTZ BEVERAGE - (GRIGGS)26326 05/13/2015 16,088.08 1009 WIRTZ BEVERAGE MINNESOTA 26327 05/13/2015 871.10 1018 WIRTZ BEVERAGE MINNESOTA 26328 05/13/2015 29,658.60 11735 WORLDPOINT ECC, INC.26329 05/13/2015 192.00 Grand Totals: 537,634.64 10 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 5/13/2015 - 5/13/2015 May 06, 2015 09:15AM 11 T H I S P A G E L E F T I N T E N T I A L L Y B L A N K 1 2 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: May 12, 2015 Fiber Optic Agreement Between City of St. Anthony and St. Anthony-New Brighton School District OVERVIEW: In front of you this evening is an agreement with the St. Anthony-New Brighton School District for build out and future maintenance of a fiber optic connection between St. Anthony City Hall and Roseville; and St. Anthony High School and TIES. The agreement permits the St. Anthony-New Brighton School District to utilize one pair of the City’s fiber from City Hall to 39th Avenue and Stinson in exchange for a fiber connection to Roseville City Hall (via TIES) at no additional cost to the City. The City of St. Anthony will be responsible for the one- time cost of $3,000 for extending the fiber from Silver Lake Liquor Store to 39th Avenue and Stinson through the existing City-owned conduit located in the 39th Avenue right-of-way. Once connected to Roseville City Hall, St. Anthony will have fiber connectivity to the institutional network (Metro I-Net). The completed infrastructure, including that already in place, will subsequently be shared between the City of St. Anthony, St. Anthony-New Brighton School District, and the City of Roseville to achieve the desired connectivity. Appendix A of the agreement show the fiber route from St. Anthony City Hall to 39th Avenue and Stinson. Below is a diagram of the overall resulting connections. St. Anthony City Hall & School Dist. 39th Ave & Stinson Blvd TIES Roseville IT City of St. Anthony Fiber Metro-INET Fiber Privately Owned Fiber 13 Appendix A: Responsibilities of the City 1. To provide a pair of single-mode fiber (“City Fiber”) from the splice point located near the intersection of 39th Ave NE and Stinson Parkway (See Appendix A) to City Hall for connection to fiber that currently exist between City Hall and the leased space in City Hall used by the District. 14 AGREEMENT BETWEEN CITY OF ST. ANTHONY AND ST. ANTHONY-NEW BRIGHTON SCHOOL DISTRICT This Agreement (the “Agreement”) is made by and among City of St. Anthony (“City”) and St. Anthony-New Brighton School District (“District”), on this ______ day of ______________________, 2015 (the “Effective Date”). WHEREAS, the City is interested in creating a fiber optic connection between its city hall located at 3301 Silver Lake Road, St. Anthony, MN 55418 (“City Hall”) to Roseville City Hall located at 2660 Civic Center Drive, Roseville, MN 55113 (“Roseville”) ; and WHEREAS, the District is interested in creating a fiber optic connection between the District’s High School to TIES (a K-12 consortium) located in St. Paul, WHEREAS, the Parties agree to collaborate and contribute resources to enable such connectivity NOW THEREFORE, in consideration of the mutual covenants and agreements set forth here in, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Responsibilities of the City: The City agrees: 1. To provide a pair of single-mode fiber (“City Fiber”) from the splice point located near the intersection of 39th Ave NE and Stinson Parkway (See Appendix A) to City Hall for connection to fiber that currently exist between City Hall and the leased space in City Hall used by the District. 2. To work with City of Roseville and arrange for a pair of dark fiber from Roseville to a splice point located at the NW intersection of Snelling Avenue N and County Road B2 West in Roseville to interconnect with TIES (“Fiber Interconnect”). 3. To be responsible for all utility locates and maintenance of the City Fiber. 4. To cooperate with TIES and District service provider including fiber construction contractor to enable installation, testing, and ongoing maintenance to resolve any problems by providing access to fiber facilities and City Hall where the fiber terminates. II. Responsibilities of the District. The District agrees: 1. To make a one-time payment of $1,500 for connecting to the City Fiber. 2. To provide a pair of single-mode fiber (“District Fiber”) from the splice point located near the intersection of 39th Ave NE and Stinson to TIES. 3. To provide a dedicated gigabit wavelength from City Hall to Roseville for use by the City. 4. To be responsible for all utility locates and maintenance of the District Fiber. 15 5. To cooperate with City of Roseville and the City to enable installation, testing, and ongoing maintenance to resolve any problems. IV. Cost: The Parties shall share in the cost of the fiber connection as follows: 1. The one time and ongoing cost for the connectivity from the intersection of 39th Avenue NE and Stinson Parkway to TIES shall be the District’s responsibility. The District has an existing agreement with TIES that covers this cost. 2. Any cost for the City Fiber to the District leased space in City Hall shall be the City’s responsibility. 3. There shall be no separate cost from TIES or the City of Roseville. If there is any cost from City of Roseville, it shall be the responsibility of the City of St. Anthony. If there is any cost from TIES, it shall be the responsibility of the District. 4. All parties to this agreement shall be responsible for the maintenance and locates of their fiber optic networks which will be utilized by the participants of this agreement. 5. Each Party shall: a) Provide the other party and their representatives with any existing contractor agreements and contact information for the purpose of 24X7 repair and maintenance. b) For all schedule maintenance that would have an impact on another party, all parties agree to work with each other to schedule maintenance times to reduce the impact of the maintenance on the Network. c) Provide the other parties a minimum of 7 days notice prior to maintenance of the Network that would have an impact on them, except in the case of emergencies. d) Notify the other parties in a reasonable time period when emergency repairs are being performed that would have an impact on the other parties. V. Term. The term of this Agreement shall be for three years and shall be automatically renewed for two additional years unless terminated under Section VI hereof. VI. Termination. This agreement may be terminated by any Party at the end of the initial term or any renewal term thereof by giving 120 days written notice prior to the termination. In the absence of any notice, the Agreement shall be automatically renewed for two years. Any Party may terminate this Agreement for material breach 120 days after giving written notice to the breaching Party describing in reasonable detail the nature, scope and extent of the breach if the noticed Party has not remedied the breach by that time. VII. Authorized Representatives. Each Party shall designate a representative for purposes of administration of this Agreement (the “Authorized Representative”). Each Authorized Representative shall have authority for acceptance of services and shall be the point of contact for all payments due under this Agreement. A Party changing the designation of its Authorized Representative shall notify the other Party pursuant to the notice provision of this Agreement. 16 St. Anthony-New Brighton School District Authorized Representative: Business Manager St. Anthony-New Brighton School District City of St. Anthony Authorized Representative: City Manager City of St. Anthony VIII. Assignment. Except as specifically provided herein, the Parties shall not assign, transfer or delegate any rights or obligations under this Agreement either directly or indirectly by any means, by operation of law or otherwise without the prior written consent of the other Parties, which consent shall not be unreasonably withheld or denied. IX. Amendments. This Agreement contains all the terms agreed to by the Parties and any promise or communications of any type not reflected in the Agreement are null and void. Any amendments to this Agreement shall be in writing and shall be approved by the governing Board of each party. X. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. XI. Notices. All notices and other communications required or permitted hereunder shall be given in writing and shall be: a) personally delivered; or b) sent to the Parties at their respective addresses indicated here by registered or certified U.S. mail, return receipt requested and postage prepaid, or by private overnight mail courier service. If personally delivered, such communication shall be deemed delivered upon actual receipt; if sent by overnight courier, such communication shall be deemed delivered upon receipt; and if sent by U.S. mail, such communication shall be deemed delivered as of the date of delivery indicated on the receipt issued by the relevant postal service. The Parties to this Agreement may change their address for the purposes of this Agreement by giving notice thereof in accordance with this section. XII. Force Majeure. The Parties understand that acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, fires, explosions, earthquakes, floods or other unusually severe weather conditions or other environmental disturbances, strikes, or other circumstances not under the control of the Parties (“Force Majeure”) may delay performance as set forth in this Agreement. In the event a Force Majeure event materially limits one or all of the Parties’ ability to perform under this Agreement such limitation shall not be considered a breach of the terms of this Agreement. XIII Liability. Each Party is liable to the other only to the extent the negligent actions or inactions of one of the Parties proximately cause direct out-of-pocket costs to the other Party. Neither Party is responsible for lost services, lost revenues, lost profits, indirect, consequential or special damages or attorneys’ fees incurred by the other Party. 17 XIV Insurance. Each Party represents that it carries the respective insurance coverage necessary for a school district or a municipality under Minnesota law and has and will maintain coverage for operations. No Party waives its imitations on liability under Minnesota Statutes, Chapter 466. XV Dispute Resolution. If the Parties cannot agree on any matter arising out of this Agreement, after a reasonable period of good faith negotiations, they agree to engage a qualified third party to mediate the disagreement, and share the costs of the mediator on an equal basis. The Parties will work in good faith with the mediator to find an acceptable solution and must reduce any settlement agreement to writing. Any such agreement must be incorporated into and made a part of this Agreement. If a mediated agreement cannot be reached each Party has available to it all rights in law or equity. XVI. Miscellaneous. 1. The failure of a Party to give notice of default, or to enforce or insist upon compliance with any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of any extension of time for performance, shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement and each of its provisions shall remain at all times in full force and effect until modified by the Parties in writing. 2. This Agreement sets forth the entire understanding of the Parties. 3. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective successors and assigns. 4. Each Party warrants and represents that it is duly authorized to execute this Agreement. 5. The headings of this Agreement are inserted for convenience only and shall not constitute a part hereof. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed intending to be bound thereby. For City of St. Anthony By: _______________________________ By: ________________________________ Mayor City Manager Date: ______________________________ Date: ______________________________ 18 For St. Anthony-New Brighton School District By: _______________________________ Title: ______________________________ Date: ______________________________ 19 T H I S P A G E L E F T I N T E N T I A L L Y B L A N K 2 0 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: May 12, 2015 Overnight Closure of St. Anthony Boulevard OVERVIEW: In front of you this evening is a request to mill and overlay St. Anthony Boulevard outside of the City’s working hours. The contractor is requesting to work overnight in order to complete this work in the accelerated timeframe of one night. The contractor is proposing to close St. Anthony Boulevard to vehicle traffic during the hours of 8pm-5am on a future date to be determined. The overnight closure would prevent impacts to costumer traffic traveling to Gross National Golf Course and Sunset Memorial Cemetery, both of which have access from St. Anthony Boulevard. During the closure, traffic would be diverted onto Ridgeway Parkway and Walnut Street on the south end and onto Hwy 88 on the north end. With grated full closure, the contractor would be required to install advanced notification signage detailing the closure at least one week prior to the closure. Signing would be displayed at each end of St. Anthony Boulevard. 21 T H I S P A G E L E F T I N T E N T I A L L Y B L A N K 2 2 Date Type Staff Present May 19 Special 3:00 p.m.Tour of the City City Council City Manager Department Heads City Engineer City Planner May 26 Regular Salo Park Concert Series Insurance Renewal Tort Limits - Consent Accepting the bids for the Stormwater Research Facility City Council City Manager City Engineer June 1 Special 5:30 p.m.Worksession City Council City Manager June 9 Regular Feasibility Report for 2016 Street Project Planning Commission items from May 3701 CUP 3701 Liquor License Public Hearing 3701 City Code Text Amendment (1st of 3 readings) Solar Ordinance (1st of 3 readings) City Council City Manager City Engineer June 23 Regular Memorandum of Understanding with SANB School District for 2015 Elections 3701 City Code Text Amendment (2nd of 3 readings) Solar Ordinance (2nd of 3 readings) City Council City Manager July 14 Regular Planning Commission items from June 3701 City Code Text Amendment (3rd of 3 readings) Solar Ordinance (3rd of 3 readings) City Council City Manager July 28 Regular Quarterly Goals Update Night to Unite Presentation Night to Unite Proclamation Villagefest presentation City Council City Manager Police Chief August 11 Regular Planning Commission items from July Liquor Operations Mid-Year Report City Council City Manager Liquor Op Mgr August 25 Regular Budget Presentation SANB #282 Presentation Chamber of Commerce Fall Event presentation City Council City Manager September 8 Regular Planning Commission items from August 2016 Preliminary Operating Budget and Levy 2016 Street Project Receiving Feasiblity Report City Council City Manager Finance Director City Engineer September 15 Special 5:30 p.m.Worksession - Table Top City Council City Manager Department Heads City Engineer City Planner September 22 Regular Fire Prevention Presentation Kiwanis Peanut Day City Council City Manager Fire Dept October 13 Regular Planning Commission items from September Approval of Election Judges for the Municipal Election on November 3rd. City Council City Manager October 27 Regular Quarterly Goals Update City Council City Manager FUTURE COUNCIL AGENDA ITEMS 2015 23 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS November 10 Regular Planning Commission items from October Canvass Election Results from the November 3rd Municipal Election Ordinance Setting Water & Sewer Rates for 2016 - 1st Reading City Council City Manager City Clerk November 24 Regular Setting 2016 Fees Ordinance Setting Water & Sewer Rates for 2016 - 2nd Reading City Council City Manager Finance Director December 8 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Accept Donations Setting Salary of City Manager Authorinzing Transfers & Closing of Specified Funds Setting the 2015 General Operating Budget and Property Tax Levy Ordinance Setting the Water& Sewer Rates for 2016 - final reading City Council City Manager Finance Director December 22 Regular City Council City Manager January 12 Regular Housekeeping Resolutions City Council City Manager January 14 & 15 Special Goal Setting City Council City Manager Department Heads January 26 Regular 2016 Street Project Call for hearing on Improvements Call for hearing on Assessments Order Preparation of Assessments City Council City Manager City Engineer February 11 Regular Planning Commission items from January 2015 Administrative Annual Report City Council City Manager February 26 Regular 2016 Strategic Plan (motion only)City Council City Manager March 10 Special 5:30 p.m.Joint Meeting with Parks Commission City Council City Manager March 11 Regular City Council City Manager March 26 Regular Adoption of Parks Commission Work Plan (motion only)City Council City Manager April 12 Regular City Council City Manager April 26 Regular 1st Quarter Goals Update City Council City Manager May 10 Regular Recognition of Chamber's Villager and Business of the Year City Council City Manager Items Pending: ~ Worksessions 2016 24