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CC PACKET 10131987
Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100595 Box: 18 Folder. CC PACKETS 1987-1989 Document: CC PACKET 10131987 a Pill ho - i®R DATE : , A P P R OVAL s September 29 1987 �l T O Mayor and Councilmembers L ' FROM Carol B. Johnson, Finance Director - - T T EM : RATE' INCREASES ON SOME CITY SERVICE$ AND LICENSE FEES I recommend the fees for the following rvices a licgnse i creased, effective November. 1, 1987. * al! None of the increases -. involve an ordinance change. 1sA o, the last rate increase was in .1984 and was done by Council action. Present New Fee as of Fee 3/15/88 Coin operated washers and dryers in None $8 per machine d apartment buildings and condominiums up to $100 maximum per New Fees as of -__ 11/1/87 Sewer connection $ 20.00 $ 35.00 - Water connection $105.00 `$125.00 Special assessment searches $5.00 cash $ 8.00 cash $6.00 billed $10.00 billed Copies 20 cents per 25 cents per a page page Police and Fire reports $ 3.50 $5.50 a *The coin operated washers and dryers are licensed and would not be due until March 15th each year. The 1987 Municipal Fee Survey, prepared by the Association of Metropolitan Municipalities, was used to determine the above increases. That survey lists cities in catagories by population, and I determined the average to arrive at the increased fee rates for the Village. a • C 2 TY O F S T _ ANTHONY C O UN C I L AG END A O C TOB E R 1 3 1 9 8 7 7 _ 3 0 P _ M _ A. Call to Order/Pledge of Allegiance. B. Roll Call. C. Approval of September 22 , 1987 Council Minutes. D. Licenses/Permits/Petitions. E. Presentation of Claims. 1 . BWBR Architects - $2 , 997 . 50 ( liquor charges ) . 2 . Dorsey & Whitney - $1 , 117 . 85 ( $555 . 00 liquor charges ) . 3 . Short-Elliott-Hendrickson, Inc . - $1 , 164 . 21 . 4 . Short-Elliott-Hendrickson, Inc. - $2 , 435 . 92 . 5 . Metropolitan Waste Control Commission - $24 ,896 . 08 . F. Reports. 1 . Council. a. Mayor Sundland, re: Dispute Resolution Center. 2 . Departments and Committees . a. Edward J. Hance, re: matters conducted at the Hennepin County District Court on September 16 , 1987 . b. Liquor Operations Monthly Sales Summary - September , 1987 . C . Fire Department Monthly Report - September, 1987 . d. Police Department Monthly Report - August, 1987 . 3 . City Manager . G. Public Hearings. H. New Business . 1 . Ordinance 1987-004 , ,re: dwelling units in a mini- warehouse - 1st reading. • -2- • 2 . Resolution 87-030 , re: Hennepin County CDBG Contract Amendment. 3 . BWBR/Fullerton Lumber Co. , re: request for Change Order #1 at Stonehouse project. 4 . . Election Judges List. 5. Rate ' Increases on Some City Services and License Fees. 6 . Proposed Changes in Police Reserve By-Laws. 7 . Animal Control Options. 8 . Feasibility Studies for .Storm and Sanitary Sewer Systems. 9 . Lease Regarding Manning' s Restaurant at Stonehouse. I . Unfinished Business . J. Adjournment. C I T Y O F S T A N T H 0 N Y P/E - 9/30/87 A C C O U N T S P A Y A 8 L E PAGE I VENDOR NAME CHECK CHECK CHECK N0. TYPE DATE NO. AMOUNT 06988 DEVELOPMENT ADVISORY SERV M 9/30/97 01298 39757.16 . 00820 DORSEY + WHITNEY M 9/30/97 01299 19101025 03160 ST ANTHONY NATIONAL BANK M 9/30/87 13590 309000000 03160 ST ANTHONY NATIONAL BANK M 9/30/87 15259 30:000.00 02981 QUALITY BLACK DIRT M 9/30/97 15260 28.00 02820 PETTY CASH M 9/30/87 15261 20.00 03160 ST ANTHONY NATIONAL BANK M 9/30/97 15262 4_,831 .98 00700 COMM OF REVENUE OF MN M 9/30/87 15263 29481.97 03160 ST ANTHONY NATIONAL BANK M 9/30/87 15264 78.86 00670 CITY COUNTY CREDIT UNION M 9/30/97 15265 1,732.00 03160 : 57 ANTHONY NATIONAL BANK M 9/30/87 15266 29500.90 02840 PERA M 9/30/87 15267 6'9249.06 00050 A F S C LOCAL 157 M 9/36/87 15268 152.00 . 01630 INTL UNION OF OP_R ENGR 49 M 9/30/97 - 15269 184.00 02410 NINN TEAMSTER-LOCAL =320 M 9/30/97 15270 . 152.70 01595 ICMA M 9/30/87 15271 845.87 02385 N.INNESOTA MUTUAL- LIFE INS M 9/30/97 15272 853.43 00055 ' AETNA LIFE INS CO M 9/30/37 15273 - 19386.55 02330 MINNESOTA BENEFIT M 9/30/87 15274 161.68 00110 AMERICAN BANKERS INSR .CO M 9/30/97 15275 69.60 00825 • DENTICARE M 9/30/87 15276 95.00 01980 : LEAGUE OF MINN CITIES M 9/30/87 15277 85.96 00630 COTTER CHARGE M 9/30/87 15278 166.44 02240 METRO WASTE CONTROL M 9/30/97 15279 24,896.08 03180 ST ANTHONY SCH DIST =282 M 9/30197 15280 910000000 02820 PETTY CASH M 9/30197 15281 47.67 06987 NEWS, TRACK INC M 9/30/97 15282 59.00' 06979 ST ANTHONY FIRE RELIEF AS M 9/30/97 15283 21 ,899.00 05017 HENN CO TREASURER M 9/30/87 15284 24,611.60 06751 -BRIGGS E MORGAN M 9/30/87 15285 29327.80 06980 : PRUCE A LIESCH G ASSOC M 9/30/87 15286 19165996 01960 LAYNE MINNESOTA . CO M 9/30/37 15287 5,300.00 01390 EDWARD J HANCE M 9/30/87 15288 18.00 00820 DORSEY + WHITNEY M 9/30/87 15289 345.97 03505 SUNDLAND, ROBERT M 9/30/37 15290 36.80 06981 RAINBOW INN M 9/30137 15291 100000 02940 POSTMASTER M 9/30/97 15292 650.00 06982 LABOR. RELATIONS ASSOC M 9/30/87 15293 95.55 03160 ST ANTHONY NATIONAL BANK M 9/30187 15294 49171.03 00700 COMM OF REVENUE OF MN M 9/30/37 15295 29157.50, 03160 ST _ ANTHONY NATIONAL BANK M 9/30/97 15296 29099.18 02840 PERA M 9/30/97 15297 5,855.30 00670 CITY COUNTY CREDIT UNION M 9/30/87 15298 19682.00 03160 ST ANTHONY NATIONAL BANK M 9/30/87 15299 52.80 00710 COMMERCIAL ' LIFE- INSURANCE M 9/30/87 15300 63.00 01290 GROUP HEALTH PLAN M 9/30/97 15301 816.45 02850 PHYSICIANS HEALTH PLAN M 9/30/97 15302 4,578.90 02185 MED-CENTER M 9/30/97 15303 323.40 02840 PERA M 9/30/37 15304 36.00 02930 PRUDENTIAL INSURANCE CO M 9/30/97 15305 61.45 `~ C I T- Y O F S T A N T H 0 N Y P/E - 9/30/87 A C C O U N T S P A Y A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMOUNT 00055 AETNA LIFE INS CO M 9/30/37 15306 19293.75 02385 MINNESOTA MUTUAL LIFE INS M 9/30/37 15307 853.43 01595 ICMA M 9/30/87 15308 845.87 02820 PETTY CASH M 9/30/87 15309 48.83 02700 NW BELL TELEPHONE CO M 9/30/37 15310 396.47 02680 -NORTHERN STATES POWER M 9/30/87 15311 14996.26 06983 SJ WARNE M 9/30/37 15312 97.80 01390 EVWARD ' J HANCE M 9/30/37- 15313 34650.00 03350 SPURT ELLIOT HENDRICKSON M 9/30/87 15314 162 .79 01241 GRACE, DUANE M 9/30/37 15315 75.00 06965 CONTROL DATA TEMPS M 9/30/87 15316 307.20 01980 LEAGUE OF MILAN CITIES M 9/30/87 15317 85.96 -06985 M A E M T M 9/30/87 15318 50.00 06986 ' CAB BUSINESS SERVICES INC M 9/30/87 15319 250.00 03480 STATE TREASURER M 9/30/87 15320 6.50 03500 7STURDEVANT9 JOSEPH JR M 9/30/37 15321 38940 03160 ST ANTHONY NATIONAL BANK M . 9/30/87 15322 229514.94 03160 ET ANTHONY NATIONAL BANK M 9/30/97 15323 4 ,628.82 00700 COMM OF REVENUE OF MN M 9/30/37 15324 2 ,352.88 02840 PERA M 9/30/87 15325 6,606.31 03160 ST ANTHONY NATIONAL BANK M 9/30/87 15326 29236:12 00670 -C.ITY COUNTY CREDIT UNION M 9/30/87 15327 19782.00 02385 MINNESOTA MUTUAL LIFE INS M 9/30/87 15328 853.43 01585 ICMA RETIREMENT CORP M 9/30/87 15329 845.87 03690 UNITED WAY M 9/30/87 15330 168.00 03160 ST ANTHONY NATIONAL BANK M 9/30187 15331 375.00 03160 5T ANTHONY NATIONAL BANK M 9/30/87 15332 31 .70 00055 AETNA LIFE INS CO M 9/30/87 15333 1 ,473.75 TYPE TOTAL 2539411 .93 TOTAL 253,411.93 it J1� C I T Y O .F S T A N T H O N Y P/E 10/13/87 A C C O U N T S P A Y A B L E PAGE 1 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMOUNT 00020 AA BATTERY CO R 10/13/87 13642 51.16 00045 ACRO-MINNESOTA R 10/13/87 13643 103.90 00115 AMES PHOTO FINISH R 10/13/87 13644 16.42 00120 AMERICAN LINEN R 10/13/87 13645 23.40 00135 AMERICAN RISK SERVICES IN R 10/13/87 13646 377.00 00235 AT&T INFORMATION SYSTEMS R 10/13/87 13647 370.24 00310 BATTERY & TIRE WHSE R 10/13/87 13648 30.13 00320 BEISSWENGER APPLIANCE R 10/13/87 13649 18.54 00610 CATCO CLUTCH & TRANS SVC R 10/13/87 13650 188.58 00625 COPY DUPL PRODUCTS INC R - 10113/_87 13651 141.66 00650 CITY OF ST PAUL R 10/13/87 13652 40.00 00655 CLAREYIS SAFETY EQUIPMENT R 10/13/87 13653 850.00 00660 CITY OF COLUMBIA HEIGHTS R 10/13/87 13654 30.36 00800 DAVIES WATER EQUIP INC R 10/13/87 13655 1.460.26 00810 MICHAEL DICKSON ELECTRIC R 10/13/87 13656 695.00 00900 ERICKSON CO INC, H E R 10/13/87 13657 •111.60 01025 G& K SERVICES R 10/13/87 13658 53.68 01140 GENUINE PARTS CO R 10/13/87 13659 28.39 01145 GLENWOOD INGLEWOOD R 10/13/87 13660 47.90 01180 GOODIN COMPANY R 10/13/87 13661 32.53 01285 GRIFFIS OXYGEN R 10/13/87- 13662 17.25 01295 GROUP- W CABLE R 10/13/87 13663 49.95 01410 HARMON GLASS R 10/13/87 13664 107.11 01505 HENN CO SHERIFF R 10/13/87 13665 185.00 0.1680 J C AUTO SUPPLY R 10/13/87 13666 38.46 01760 JONES CHEMICAL R 10/13/87 13667 505.30 01820 KOCH ASPHALT CO R 10/13/87 13668 1*124.90 02100 MACQUEEN EQUIPMENT CO R 10/13/87 13669 16.75 02130 MAMA R 10113/87 13670 9.00 02200 MEDICAL OXYGEN EQUIPMENT R 10/13/87 13671 24,16 02280 MIDWEST ASPHALT CORP R 10/13/87 13672 190.89 02360 MINNESOTA FIRE INC R 10/13/87 13673 62.26 02700 NW BELL TELEPHONE CO R 10/13/87 13674 31214 02805 PENNSYLVANIA OIL COMPANY R 10/13/87 13675 71.80 02980 PROFESSIONAL PROCESSING C R 10/13/87 13676 789.06 03080 ROLLINS OIL CO R 10/13/87 13677 99107.00 03100 ROSEDALE CHEVROLET R 10/13/87 13678 70.49 03275 SCHUTTAIS HOWE INC R 10113/87 13679 60.41 03315 SERCO LABORATORIES R 10/13/87 13680 192.00 03320 SICKELS CO. L N R 10/13/87 13681 19144.86 03490 STREICHER GUNS INC, DON R 10/13/87 13682 1,269.91 03520 TEXGAS ALLIED CHEMICAL ' R 10/13/87 13683 - 53.00 03645 TWIN CITY JANITOR SUPPLY R 10/13/87 13684 18.20 03735 WASTE MGMT R 10/13/87 13685 172.50 03740 WATER PRODUCTS CO R 10/13/87 13686 933.80 03800 WYATT BROS INC R 10/13/87 13687 310.28 03820 ZAHL EQUIPMENT CO R 10/13/87 - 13688 552.83 05017 HENN CO TREASURER R 10/13/87 13689 628.62 06963 ST ANTHONY FLORAL R 10/13/87 13,690 24.70 06964 CALC-TYPE R 10/13/87 13691 22.00 1 C I T O F S T A N T H O N Y P/E 10/13/87 A C C O U N T S P A Y .A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK N0. TYPE DATE NO. APOUNT 06965 CONTROL DATA TEMPS R 10/13/87 13692 768.00 06966 BUSINESS RECORDS CORP R 10/13/87 13693 8.50 06967 ST CROIX RECREATION CO R 10/13/87 13694 774.30 06968 LESTER LARSON R 10/13/87 13695 15.00 06969 EUGENE WILEY R 10/13/87 13696 15.00 06970 CATHY DICHARRY RN R 10/13/87 13697 150.00 06971 ROSEVILLE RADIO R 10/13/87 13698 41.20 06972 DONALD EVERTZ R 10/13/87 13699 50.00 06973 VIKING SAFETY PRODUCTS R 10/13/87 13700 1.0.50 06974 OELSON PLUiMBING R 10/13/87 13701 345.00. 06975 CLEVELAND COTTON PRODUCTS R 10/13/87 13702 277.01 06976 HAZARD MONTHLY R 10/13/87 13703 26.00 06977 EMERGENCY SERV SYSTEMS IN R 10/13/87 13704 30.00 06978 DUO-FAST R 10/1.3/87 13705 11.90 07025 ROBINSON LANDSCAPING INC R 10/13/87 13706 201.39 TYPE TOTAL 25'9459.18 TOTAL 25,459.18 C =-r-Z (D F S T . ANTHONY COUN C'= L M 2 NUT E S ,. SEPTEMBER. 2 2 1 9-8� 7 1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led 2 by Mayor Sundland. 3 Present for roll call: Marks , _Sundland, Makowske. 4 Absent: Enrooth. 5 Also present: David Childs, City Manager 6 William Soth, City Attorney 7 SEPTEMBER 8 , 1987 COUNCIL MINUTES 8 Motion by Makowske, seconded by Marks to approve the above with the 9 following changes: 10 Page . 9 , line 16 : Substitute "really" for "real" . 11 Page 9 , line 17 : Substitute "affected" for "ruined" . 12 Page 11 , line 28: Insert "this summer" between "all" and 13 "and" . �4 Motion carried unanimously. .15 LICENSES/PERMITS/PETITIONS 16 Motion by Marks, seconded by Ranallo to grant the following licenses 17 as listed in the September 22nd Council agenda packet: 18 Contractors 19 ' Concord Builders , Minneapolis )0 victoria Builders & Construction, Chanhassen 21 Motor vehicle Starting 22 Dick' s 66 Station 23 Heating 24 Advanced Heating & Air Conditioning 25 Motion carried unanimously. 26 CLAIMS 27 Motion by Marks', seconded by Ranal.lo. to approve payment of all 28 verified City . accounts payable for September 16th and all City 029 accounts -payable for August ..31st and September 22nd as listed in the 30 September 22 ; -1987 Council agenda packet. - '31 Motion carried unanimously. 1 1 Motion by Marks seconded by Makowske to approve two payments of 2 $1 ; 825 . 00 to the Edward J. Hance -: law firm- : for prosecution services 3 from -July 2 through September 2 , 1987 4 Motion carried unanimously. 5 Stonehouse Contractor to be Paid 6 Mr. Childs said he perceived the contractor had made some progress on. 7 the Stonehouse and recommended the August payment, , which covered 8 work which the contractor had completed, be paid at this time. The 9 Manager indicated that he perceived for the Council to further delay . 10 payment might make the situation worse rather than better. 11 Council Action 12 Motion by Makowske, seconded by Ranallo to approve payment of 13 $30 , 970 . 00 to Fullerton Lumber for work on the Stonehouse addition 14 during August, 1987 . 15 Motion carried unanimously. 16 REPORTS 17 SEPTEMBER 15 , 1987 PLANNING COMMISSION MEETING - STEVE LONDON 18 Council Authorizes Ordinance Amendment for Second Caretaker Unit in 19 Mini-warehouse Facility 20 Application: from Ken Solie 'and Jerry Cowan, partners . in Village 21 Properties, 2916 Pentagon Drive to amend the City 22 Zoning Ordinance as it relates to mini-warehouse 23 facilities in 'a Light Industrial .Dist"rict to allow 24 two, rather than one, caretaker units in such 25 facilities. 26 Commission London reported the Commissioners had voted 3 to 2 27 Recommenda- against changing the Ordinance to allow the second 28 tion: unit; 29 said he had agreed with the Chair ' s and Commissioner 30 Werenicz ' perception that there had been no convinc- 31 ing arguments made to show either an overriding 32 security or economic need for the' second caretaker 33 unit; I 34 indicated he had also shared .the Chair ' s concern 35, with setting a precedent for allowing living quar- 36 ters in other City warehouse facilities , although he 37 had .to admit the , potential for that happening might '38 have been "a little vague" ; • 2 • 1 reported Commissioners Wingard and Madden had no 2 problem with allowing additional living quarters 3 where apparently there have been no- problems with 4 more than one person living in the past. 5 Proponent: Jerry Cowan, 3316 Croft Drive 6 7 confirmed that there is a full time caretaker liv- 8 ing in the unit already approved by the Ordinance; 9 ' said -the owners perceived -a need to have separate 10 housing for the part time caretaker who would be 11 spelling that caretaker during vacations, weekends , .12 and at various periods during the day when someone 13 else is needed to oversee the facility operation 14 and provide security for the building; 15 reiterated that the space Village Properties wants to 16 convert to the second caretaker unit had been used by 17 the previous .owner for living quarters when he was 18 back from Arizona;. 19 indicated his firm perceived they could have 'a col �20 lege student live in the same space and thus avoid 21 using the caretakers quarters when he' works the off 22 hours the regular caretaker cannot be there; 23 pointed out that this was probably the only studio 24 apartment in St. Anthony and the fact that the space 25 had been used for that purpose for -seven years with- 26 out causing problems for the community probably meant. 27 there would be no problems in the future. 28 New Information Leads to- Council 'Approval 29 Councilmember Makowske said she was having trouble justifying the 30 extra unit until she had read : the minutes of the. Commission and 31 Council meetings - seven years ago and found the Council had actually 32 directed the City Attorney to draw up an ordinance which would 33 "authorize the construction of the mini-warehouse facility with 34 residences. " 35 Councilmembers and staff - indicated that in light of this:! new 36 information they perceive the following to be ,.true: 37 Makowske: thought' as long as the -applicants have assured that the . 38 second unit would -be used.:to only a part time caretaker and 39 not rented out to the general public ,, the Council should go 40 ahead and authorize the Ordinance amendment; 41 3 1 speculated that it might have been because there had • 2•= always been a full time: caretaker on duty that no break-ins 3 had been experienced:; 4 perceived.. this might be.. a different situation than to have 5 living quarters in other. warehouse facilities because this 6 building is located right next to an apartment building. 7 Marks: recalled that the same concerns , that these living quarters 8 might• generate similar . requests for other Light Industrial . 9 facilities , had been raised during the hearings which pre- 10 ceded the use being included in the City Zoning Ordinance; 11 but 12 pointed out that in the seven years which had elapsed, he 13 could recall no ins.tance. where such a request had been 14 made; 15 agreed that the facility is already in a mixed use zoning 16 district; 17 confirmed there had actually been :a house on a hill on the 18 same site which, of course, - had to be removed when the hill 19 was cut down. 20 Sundland: said . he could understand where it would be difficult to 21 have the part time caretaker stay in the full time care- 22 taker ' s quarters when they are gone on vacation, etc . ; 23 agreed that the facility had actually had 24 hour security 24 ever .since it had been built because either Bernard Blanske 25 or his- mother or brother, who lived in the permitted unit, 26 were there almost all the time. 27 Ranallo: asked Mr. Soth whether by allowing this one incident the 28 City would be facing carte blanche permission for other 29 requests. 30 Soth: said anyone else who wants to have a similar -use- would 31 have to apply for a conditional use permit just as these 32 applicants will have to. 33 Ranallo: indicated he would have fewer concerns then, about granting 34 this request, perceiving the City still had an opportunity 35 to control the use - through conditions imposed on .each 36 permit. 37 Childs: indicated that, with the Council authorization that even- . 38 ing, . an Ordinance amendment would be drawn up for three _- . 39 hearings before the Council, with the applicants being 40 allowed to apply for. the �conditional use permit , which the 41 • 4 • 1 - Council could grant -at the same' time they held the. final 2 reading. 3 Council Action 4 Motion by Marks, seconded by Ranallo to direct staff. to ,diaw up. the 5 amendment of the language in Section 10 , Subdivision 3., Item 7 of the 6 Zoning Ordinance related to a permitted conditional use in a Light 7 Industrial zoning classification.: which had been requested .by -:Village 8 Properties to allow not more than� two dwelling units of not more than 9 600 square feet and one bedroom for use as a residence for. a. .bona, 10 fide caretaker for a - mini-warehouse facility as a conditional:__use, 11 where the current Ordinance only allows one caretaking dwelling ,-unit. 12 In granting the request, the Council finds, as did the Planning 13 Commission, that staff had reported receiving no calls either for or 14 against changing the Ordinance prior to the September 15th .Commission 15 hearing or Council consideration, September 22 ,' 1987 , and there, had 16 been no persons in attendance at either of these meetings .. opposed to 17 it. 18 Motion carried unanimously. 19 Councilmembers to Do Individual Investigations Related to American 20 Amusement Arcade ' s Request to Operate an Amusement Arcade at Apache �1 Plaza 22 Application: - -from American Amusement Arcades- dba Picadilly. Cir.cus , . 23 850 Decatur Avenue North, Golden Valley, MN for 'a 24 Conditional Use Permit to allow operation of an amuse- 25 ment arcade at Apache Plaza in the space formerly 26 occupied by the St. Anthony off-sale bottle. shop. The 27 proposal would utilize the 34 amusement device 28 licenses now held by the Apache owners. 29 Documentation: same as 'had- been presented to the Planning Commission , 30 prior to their hearing, as well as approximately 11- 31 1/2 pages of Commission minutes pertaining to the 32 issue . 33 Proponents: Daniel Heilicher , Norman Pink, and Gene Winstead, of 34 American Amusement Arcades. 35 Dennis Cavanaugh, President of C. G. Rein Company, who 36 manage Apache Plaza. 37 The- Mayor asked for Council reaction to the request,. which resulted 38 in the following give and take . conversations between . the Commission 39 representative, staff , and the applicants: 40 Marks- asked - for clarification.. of the issue, saying he perceived. the 041 request involved putting a game room similar to the Fun Center next 5 1 _ a 1 to the Apache- Wells: are, which would, be open during the same. hours as • 2 the mall. 3 London reported the applicants had asked that they be :allowed to stay 4 open the same . hours as the- mall Monday through Thursday, and to stay 5 'open until midnight on Fridaytand Saturday nights ; 6 said the commission had in their final vote recommended the facility 7 be allowed to be open only during mall hours , , fearing there would be 8 problems with mixing the late night crowds in the arcade and the bar 9 next door. . 10 Childs reported- the Fun Center ' s permit ' had been granted prior to 11 the passage of the licensing ordinance, but the City reviews the 12 -licenses- every year. 13 Makowske said she wondered why the Commission had not recommended 14 prohibiting smoking as well as the service of food. and beverages-.;in : 15 their motion; 16 reported seeing 8th and 9th graders smoking in front of the Fun 17 Center -and, although she didn' t know whether they also. smoked within 18 the establishment, said she would want no smoking to be one of the 19 conditions for granting their permit. 20 London said he guessed the smoking issue hadn' t come up during the • 21 formulation of the recommendation, maybe because the Commission had '22 been more concerned about what would .be sold in the establishment and 23 the applicants had indicated they allowed no smoking in any of their .24 other arcades . 25 Cavanaugh said except for - a small area considered to be . a smoking 26 area, the entire mall is considered a non-smoking area; 27 added, however , that the mall does not police the smoking outside 28 the mall. 29 Sundland told the applicants that he perceived if there was a large 30 congregation of youths outside the arcade, either in the mall or in 31 ' the adjacent parking lot after the mall closed, .he had to assume "you 32 drew them there" ; 33 asked what type of supervision they were prepared to provide on high 34 volume nights . .35 Heilicher told him -if problems arose under that .type of arrangement .36 they would hire extra security -the same as they .have done in some of 37 their other arcades; 38 disputed Commission' s report regarding the. Maplewood facility, 39 reiterating 'that . they- had hired off-duty police as extra security 40 right at' the start- because ahis was a 15 ,000. square.. foot operation; 6 • 1 'said because. of :its size; they did:.the- same thing in. Brooklyn. Park, 2., where their -P.icadilly. Circus. has: 22-,-000. square feet.; ., 3 added that ali their other- arcades: have. f.ull time managers' who are- .4 well schooled : in. how - to handle kids -and .haven'.t had any problems - . 5 other than the :-necessity -.to .deal with a certain type of kid ..who has 6 come there; 7 indicated that if a problem' .- arose someplace within their 8 jurisdiction, they would see to it that the crowds, are broken up; 9 reiterated that, although they had originally asked to have the 10 Apache arcades open as late as they have in other arcades with 11 outside entrances, during their discussions with the Commission that 12 request had been reduced to 9 : 00 P.M. on Saturday and Sunday, when 13 kids are out later than school nights as well until the regular mall 14 closing hours on other nights ; 15 indicated the door which opens onto the mall would be closed whenever 16 the mall is closed, allowing access only through the outside door 17 during those periods; 18 told Counci•lmember Marks they would . also like to keep their 19 establishment open until 9 : 00 P.M. on Sunday night, pointing out 20 that some of their arcades stayed open until 10: 00. P.M. those nights •21 in other locations; 22 added that in the arcades with outside entrances, their 23 establishments stay open until 11: 00 P.M. -on summer nights when there 24 is no school and until midnight 'on Fridays and Saturdays- .all year 25 long. 26 Ranallo Adamant About Having' Another. Fun Center in St. Anthony 27 The Councilmember stated "for the benefit of the Mayor and other 28 . Councilmembers" that it was his intention to vote against having' an 29 arcade in another shopping center when all the- Councilmembers -have 30 for years been getting calls from residents complaining about what 31 ' they see going on in the Fun Center. Councilmember Ranallo' said he 32 knew the .City police got lots of calls about the Fun Center,-, but by 33 the time they got around , to responding to those calls, .there was 34 nothing going on. -He said he had opposed a pool hall going in near 35 % the .Fun Center and ' reminded. those present that the Council. Chambers 36 had been crowded• with residents- who -joined in that opposition. The 37 - Councilmember said he therefore expected that when the..residents -38*'. -found out -an arcade was going into Apache, no matter what • its . hours 39 are; most of them would -be opposed to it. 40 The Councilmember ' pointed . out that he perceived. the Fun Center was 41 just "on the borderline" for closing in spite -of .the fact that it is 42 ' run by a Minneapolis : police officer .who . .tries his best to keep 043- control but is unable to do that all . the time,: causing many. .residents 7 1 ' to question . why,,, the.. --.City doesn-'.t close.- . the , establishment down. • 2 Councilmember� Rana,llo said it was his own per.s.onal, : opinion ,that to 3 put another amusement arcade in this location, would. oniy result in .4 ' "lowering: the -caass in. St., Anthony,.." He. :also. :.indicated :he was 5 "really surprised that the Apache management: wanted to- put . a 6 loitering • place. for children An: . their center:. where they. have 7 beautiful stores like Herberger ' s and Penneys . " 8 Attorney. Advises' City. Doesn' t Have to Grant Each and Every Request 9 for a Conditional Use Permit 10 Cavanaugh said .it :was- his understanding that amusement arcades, are 11 permitted conditional uses which - had to be granted -but which- could. 12 have some restrictions put on them-; 13 therefore , he perceived the Council was not able to keep the arcade 14 from coming into his shopping center. 15 Soth told him• that was not completely true; 16 said although amusement arcades are a use permitted only by a 17 conditional use permit, the Council has some discretion in granting 18 conditional use permits . In other words, it ' s possible-.to deny a 19 conditional use permit because there ' s nothing to say each and every 20 request zor a conditional use permit has to be granted; 21 added that if granting such a permit were automatic, there would be 22 nothing to discuss that evening, except the conditions. 23 Cavanaugh indicated there had been other. requests made for similar 24 operations in Apache which he- had turned down, but accepted Dan 25 Heilicher ' s proposition because the Apache management knew it was a 26 high quality type of operation held in high regard and would. not .be a 27 detriment to Apache Plaza; i 28 indicated he perceived the Commission had been- mostly- concerned -about. . 29 the arcade ' s proximity to a bar; 30 pointed out that in 1983 .- and 1984 a game room in which food -had been 31 sold had been operated 150 feet away_ from the liquor lounge in. Apache - 32 and they had virtually no .problems with that; 33 in regard to the security, -, indicated that in addition to the- security .. 34 -Mr. Heilicher: would be providing, Apache has- 24 hour security; ' 35 reported that-- typically, every hour, on the hour the security goes 36 outside and • cruises the ..parking lot and . "if they see anybody 37 loitering outside any store, they break up :the congregation. " ; 38 told the Council he was requesting. . the arcade be allowed to. stay 39 open Saturday and Sunday nights until 9.: OO ,P.M.. 8 • 1. Makowske Doesn' t Believe. Arcade Would Contribute to the Welfare of 2 the Community 3 The Councilmember -indicated that, based on her knowledge of the 4 problems the City has had with .the Fun. Center, she really questioned - 5 - the replies, the applicants '-.: had made to the last two questions .on the 6 application form because, in her opinion, this arcade might also be 7. "detrimental to the welfare of persons . residing or working -in ,the 8 vicinity" and could not . be expected to: :'contribute to the general 9 welfare of the neighborhood or community. " 10 When she indicated she had been .puzzled about the two abstentions on 11 the Commission vote, :Commissioner London told her: 12 with the exception of Commissioner Madden, who liked the idea of 13 being able to take his grandson to play pool somewhere other 14 than a bar, the Commissioners had basically been quite hostile 15 towards granting the permit; 16 indicated the "nay" vote had come from Commissioner Werenicz , 17 _ who didn' t care for the motion which had finally been •hammered 18 out because, it had not contained a prohibition of pool tables , 19 perceiving that, with pool tables right next to a bar, . there 20 could not help but be problems with a mix of patrons in both 21 establishments; �22 said a majority of the Commissioners were swayed by' Commissioner . 23- Werenicz ' 14 year . experience as a police officer and the results. 24 of the survey he had made of 8 of . the police departments in- 25 communities where American Amusement had arcades which indicated 26 that, in spite of. -the- fact - that the company "did a good ,job of 27 - . managing their establishments , there are problems no matter -how 28 well they are run" and "there could be nothing but trouble if 29 this arcade went into Apache. " 30 Commissioner London said he too had decided to abstain because he 31 didn' t agree with the motion which finally evolved. 32 Marks Concerned About- Congregation of Kids at - Mall Entrance. 33. The Councilmember indicated that not only .was he concerned about the 34. security: in the arcade - immediately outside the interior mall. door, 35 and . in the parking . lots ; but was also worried about the effect on 36 shoppers who might be , uncomfortable using a mall entrance where. 33 there ' s a large congregation of.. kids smoking and acting abusively: 38 He said he had experienced. a certain degree .of' discomfort just being .39: -in the . Fun Center., even though there was :nothing going on when he 40 was there. 41 Applicants Dispute Council Assumptions •42 Th e applicants made the following responses to these allegations : 9 1 - - Cavanaugh•- indicated ,the .,.City.,-,would probably--use- the same reasoning 2 deny him'-'a liquor license if he were to apply .for 'one. 3 Heilicher said- his .type of,:.arcade in no way resembled the pool halls 4 of the past because smoking, gambling,- and drinking- are all— , 5 prohibited; 6 -said hismanagers- don' t allow loitering—in any areas in which they 7 have jurisdiction; 8 reported both the. Northtown and Ridgedale arcades are located in .. 9 . rather . isolated areas which are similar to the Apache location; 10 argued that the video games in his arcades are no different than the 11 games played on a. computer at home. 12 Cavanaugh reported the bowling alley, which has been at Apache Plaza , 13 for 26 years, has 14 coin operated games in a room where players can .. . 14 both smoke and drink beer next to the kids playing the games ; 15 16 said Apache had- stepped up its security whenever- there had been 17 problems in .that establishment, which was exactly what they would do 18 if there were any loitering problems in the areas next to this 19 arcade; 20 reiterated that the mall has 24 hour security and the security • 21 cruises .around the mall every hour , on the hour , and would be 22 certain .'to break up any congregation like the one which worries - 23 Councilmember Marks. 24 Winstead perceived the problems the Council envisioned with the youth - 25 smoking and using drugs were also experienced in the schools and 26 - "you can' t shut down the schools. 27 said he perceived it was the City' s obligation to get a good use mix 28 for the community, including a well supervised- place for them to go; 29 thought it would be a "tough call" to legally uphold the findings 30 Councilmember Makowske had mentioned -which were based on 31 generalities ; 32 - -said he would like to see more of an "open mind" kept in regard to . 33 'this use and advised against a "head in the sand routine where you - 34 decide something' s bad, therefore, it ought to be eliminated 35 altogether; 36 reminded- them that .the precedent had already been set. .for the bowling 37 - alley which is a commercial recreational use, similar, yet--different, 38 from the use they -were proposing. 39 Pink indicated he: perceived two of the Council' s questions might . not 40 -have been properly answered; 10 l ' said his* notes of the. 'Commission : -hearing indicated- the .abstentions. 2 had been prompted by the •two Commissioners approving the concept:.but 3 disapproving of the,. -limitation of.. the, hours.;. 4 - said he* perceived they ' had. .-hot wanted to have the use denied 5 altogether and -therefore voted -to abstain rather than vote against 6 it; 7 disputed that -the tenant or -customer mix in-Apache was different than. . 8 in any other -community shopping center, including Southdale, where 9 his -_ operated an amusement .center for 2-6 years ; Brookdale where 10 they operated until the space was_ needed for a . liquor establishment; 11 or' Ridgedale where they have operated since the center was opened; 12 said as a.' parent he- is glad to have- his— child go to a supervised 13 establishment,; 14 said if his child goes to any of the Picadilly Circus arcades, she 15 would be in a place -where smoking - is not permitted, which would not 16 be true of, the Apache Bowling Alley or any other bowling alley where 17 not only is- smoking allowed, but there is wine. or beer served right 18 where the same video games are played in that type of establishment. 19 Commissioner London said he perceived Mr. Pink might have correctly 20 characterized John Madden' s view because heT was one of the �221 Commissioners who had proposed an amendment which would allow the 2 arcade to be open for different hours than the mall. However , he 23 disputed Mr. Pink' s assumption about his own abstention because his 24 vote indicated "I didn' t like anything about the arcade and 25 realizing there was no way of defeating the motion, just 26 abstained. " 27 Councilmember Ranallo said that vote had not been a "bad thing" with 28 him and pointed to the fact that the Council had not followed the 29 Commission' s recommendation .about the second caretaker- unit, 30 perceiving that was an advisory on- which the Council had to make its 31 own decision. 32 Applicants Admit Having to Call Police to Their Arcades 33 Councilmember Ranallo then - asked -Mr. Heilicher. whether he was saying . 34 he had never. had to call the .po.lice to. any of his arcades.. When the 35 Picadilly: Circus- owner said he - didn' t believe they ever had to do 36 that , Mr. Pink corrected him -by.. saying he believed it would be 37 "inaccurate to -say that in 26> years we have never had to call the . 38 police to any of our establishments . " . However, he added,, that he 39 didn' t think there was - a business - in town which didn' t have to call 40 the police for shoplifting, etc. 41 Councilmember Ranal-lo told . Mr. -Heilicher he had - nothing against-- 42 - American - Amusement -and - knew -nothing about their management style ,, •43 but that he did know . for certain that there .:had been police calls 11 1 made from their -arcades _ i-n: all their locations.: The Councilmember 2 said he didn.' t •perceive - that.. Was - anything against their management • 3 but did think- that- was a-,problem the City .would :be facing',once ,they 4 approve this arcade for the City. He responded to the statements 5 about closing the-.schools, ..by saying,-he perceived ,the. City' s position 6 was -a lot different. because..the school district can fire ' a ,.teacher 7 who allows smoking in school, while the City has no other recourse 8 than to review the permit once a year and try to revoke the licenses 9 if there are problems which. ".is almost impossible to .do. " . 10 Heitlicher Says His. Company_ .Couldn' t Afford to Keep Problem Amusement 11 Devices 12 Mr. Heilicher pointed out that the City of Blaine had for the first 3 13 or 4 years reviewed- the permit he had for his .arcade- in Northtown 14 until they realized the type of establishment they were: :r.unning. - .He 1-5 added his firm was well aware of what the ramifications were for a 16 conditional use- permit. - He assured the Councilmember that . if at., the 17 end of the year his company perceived a pool table or some type of 18 game was causing- a problem, they would never .let the situation fester 19 because they have. a financial stake- in their lease in the center and 20 without a conditional use permit the costs of improving that space, 21 etc. would be lost to them. The arcade representative pointed out 22 that "we would not be in as many locations as we are if we . did not 23 operate and control good establishments. " Mr. Heilicher pointed out 24 that if the bowling alley, which "serves beer and allows smoking in 25 the areas, where games are played is -allowed licenses , then we should 26 be allowed licenses.." 27 Marks wonders .where City Youths Are Going to Gather 28 The Councilmember said his own observations about this issue had 29 been: 30 that because of. the great fears parents have- for their own and 31 other-.children when- it comes to experimentation with sex, , drugs., 32 and alcohol, they might have unfairly characterized any esta- . 33 b1 shment where youths hang out as encouraging the most extreme 34 of those activities; 35 it might have been because those who organized the various- types- 36 of teen centers in - the -City in the past might not have --known how 37 to set up the right programs or how to supervise the centers, 38 resulting in their failure; . 39 that as a result of these failures. the only teen center left. was 40 one which, -. although he- knew.. there had been problems , had. not 41 been as bad as he at first expected them to be; . 42 . said the only institutionalized gathering place for kids which 43 remains are the ,-church youth .centers in which many of the kids 44 refuse to participate; 12 • 1 the Council' is •.' ot -very comfortable with the . only center which, 2 remains and -wants .-to get it . out; 3 although- it would ,be...hard to :get rid of this arcade_ once it ' s in 4 Apache it` : might• be a more positive,. : step to: take to allow 5 another= center; because "if we close all their .hangouts, where 6 are the teenagers going to go?" . . 7 Mr. Cavanaugh responded that he knew a lot' of the. .teenagers. go to 8 Apache Mall, where the management from time to time has problems with . . 9 them congregating and smoking in the center court area and has to 10 clear them out. He added that congregation of kids . in fast food:. and 11 sit-down restaurants, amusement arcades, skate board areas, etc. are 12 just problems which "go with the territory" when you' re trying to 13 manage a 530,000 square foot mall. 14 Mayor Asks for Better Understanding of` Both Positions 1.5 Mayor Sundland asked the applicants to understand and appreciate the 16 Council' s position in the' same manner as they expected the Council to 17 give a fair hearing to their request. He pointed out that - each of 18 the Councilmembers have- personally had .difficulties with a similar, 19 but perhaps different , establishment in St. Anthony which had 20 prompted their, opposition to another establishment like it in the 21- City. His comments generated the following response: 022 Marks: reiterated that he would like to see something positive 23 -done for the kids ; however , 24 indicated he had mixed feelings about this request him- 25 self ; . 26 indicated he wished. he had visited more arcades prior to 27 the meeting to be better informed about the issue. 28 Randllo: - said he 'had also been involved with the previous attempts 29 to establish youth centers in the City and had concluded 30 "kids just don' t want to be supervised." 31 32 - Attorney Expands on Legal Issues Involved 33 - Mr. Soth reiterated that "the fact that the City Ordinance says 34 amusement arcades are permitted uses in -St. . Anthony doesn' t mean the 35 Council can never deny such a request- because they might find during . '36- their considerations that there- were good reasons to deny because ' 37 of an establishment' s' location. " He said in this case it had already 38 been mentioned that the proposed arcade was in close proximity to a 39 bar where adults coming out of the bar could easily mix with the 40 teenage people in the arcade: The Attorney said the City can' t say 41 it "doesn' t,' 'want any amusement arcades at . all" because they are 4.2 authorized in the Ordinance., but- the Council is not obliged to 043 approve this particular arcade as long. as they enumerate. the reasons 13 - . 1 for their denial. Mr. Soth:-.. .indicated the' ,issues identified .as • . 2 conditions for granting the request which . are cited on the 3 application could be -used as. findings :as..long as the - Council :is- more 4 specific about.. the reasons they : are making those findings. 5 When Councilmember Ranallo asked whether the fact that the residents 6 oppose any arcades in the City at all would be sufficient reason 7 -for denying this request, the City Attorney told him "probably not" , 8 because the Ordinance already permits them. 9 Councilmembers Perceive. Need for, First Hand Knowledge 10 The attorney' s advice resulted in the following response from 11 Councilmember Marks: 12 indicated he perceived the Council was .getting information from 13 differing sources , including the report from 'the police officer 14 on the Commission whose investigation had convinced him .there 15 are problems associated with all arcades including. the establi- 16 shments managed by the applicants followed by an opposing view 17 from American Amusement representatives ; 18 said. he for one did not have enough knowledge of . how these 19 arcades are. run when it came to disciplining- kids, etc. and 20 would prefer tabling action on a final decision until the . 21 Council has an .opportunity to visit some arcades and- see how 22 they are operated and get further information related to the 23 police perspective on this type of establishment. 24 Councilmembers Ranallo and Makowske indicated they concurred with - 25 Councilmember Marks ' suggestion and Mayor Sundland agreed that no 26 matter how the final decision went, this would be the most reasonable 27 way for the Council to go. 28 Before a motion to table was offered, Mr. Pink asked , the . 29 Councilmembers to remember , as they view different types of arcades, 30 to distinguish between those which are contracted out where the 31 owners only service the equipment and the arcades for which American 32 Amusement -is financially - responsible and manages , services and 33 provides control. He pointed out that the arcade in -the St. Anthony 34 ' Shopping Center is one which is contracted out where the manager ' s 35 greatest concern is to generate dollars . Mr. Pink also said there 36 are "good and bad arcades just ,. as there . are good and bad liquor 37- stores , gas stations , -etc. " 38 Mr.* Cavanaugh suggested it might be difficult to make a long term 39 decision based on the. arcade ' s. proximity - to the liquor lounge since 40 he - never, knew, from month to month whether. the lounge would be 41- remaining in .Apache or whether the. - City . would be . building another -42 one on another site.. • 14 1 Council Action 2 Motion. by: Ranallo, seconded , Marks to table action on the 3 Conditional Use Permit requested - by American Amusement•'Arcades dba 4' Picadilly Circus for an arcade next to the Apache Wells liquor 5 lounge until the Council ' s next- meeting to give the Councilmembers -an 6 opportunity to do -their -own on site investigation of arcades and to 7 direct the City Manager and Attorney to further research .the 8 ' -security issues which are involved'. 9 Motion carried unanimously. 10 Before the' applicants left, Councilmember Ranallo told Mr. Heilicher , 11 he, for one, would be visiting mostly his establishments. The arcade 12 representative reiterated those locations and then pointed out that 13 the Has Mar -arcade , which has '4 , 000 square feet of space, ' sells food 14 and drinks in one area but doesn' t allow smoking, eating or 15 drinking in the -game areas. He also said any police calls the 16 arcade managers had to make, had resulted from the need to rid the 17 establishments of unwelcome patrons. 18 -- Mr: Childs reported Commissioner Werenicz ' s. comments had indicated 19 that when the he had called the other police departments about these 20 arcades , they had all agreed that there were always problems with 21 kids congregating around arcades, but these problems weren' t much ,022 different than for any other mall locations where young people 23 gather . The Manager pointed out that Commissioner Werenicz had 24 reported that all the police departments he had contacted had agreed 25 that American Amusement were good operators.. .26 COUNCIL REPORTS 27 Ranal-lo Requests City Observe, Le'ague of Minnesota Cities 75th 28 Anniversary 29 The -Councilmember said he had been attending the regional League 30 meetings throughout the, state on behalf of the LMC, primarily to make 31 preparations for the above events in May. He said he would like to 32 see the first week in May declared "Cities Week" , the City to 33 purchase .balloons to release at 1 : 00 P.M. that Wednesday in unison 34 with: all the other cities in the -state, and generally, join in the 35 other festivities planned for that week. 36 Gopher One Call System _Explained Further by Councilmember 37 Councilmember Ranallo indicated . he had. further "informa.tion related . to 38 the Minnesota -Notification . Corporation.:to .which. he had.'reported being 39 elected a Board member at the last meeting. He. indicated the above 40 system had been-- set up by the Corporation . in response to the pipeline 41 safety: legislation passed in 19.86 to- es.tablish: a central point to be 42 . - contacted before digging 'to assure the pipelines won' t be punctured. •43' The, Mayor said he perceived the .same principle would be. followed as. 15 1 'Northwestern Bell ..had; •established before - divestiture to identify 2 their underground cables. 3 "Wine-in Grocery :Stores"- :Legislation. Almost: Certain to be-.-Resurrected 4 During Next Session 5 -- The above alert -was issued by Councilmember Ranallo, who indicated 6 'that. was the perception- of what would- be happening held by the.- League 7 : legislative committee he served. on. ' He reported the League had . 8 requested the liquor industry lobbyists to work with them to oppose 9 that bill. The Councilmember speculated that it had been concern - 10 about this legislation passing, coupled with the higher dram shop 11 Insurance costs, which- had caused Coon Rapids to go out of the liquor 12 business completely. 13, When Councilmember Ranallo said. he was -looking for Council volunteers 14 to work with Mr. Childs - as League contact persons on, .various issues, 15 Councilmember• Makowske commented, that might be a natural offshoot of 16 her service on the Ramsey County League of Local. Governments 17 legislative committee, established . _to scrutinize upcoming 18 legislation in terms of how it might affect Ramsey County 19 communities. Mayor Sundland indicated he would be glad to testify as 20 long as he is given adequate notice . 21 Comments on St. Anthony Bulletin' s Placement of Mayor ' s Message 22 Councilmember Ranallo told -Larry Jones he could see . no reason .why 23 the above had been carried on page 15 in the last section of: -.the - 24 issue sent only to . St. - Anthony residents and identified. on -the 25 masthead as the St.Anthony Bulletin. He said the City residents 26 - would naturally expect to find news about their city carried . on the 27 front page of the paper and many would probably never read beyond 28 that point. Mr . Jones said the copy had gotten to him too ,. late. :to 29 get a copy measurement for the front page and, assuming it would '-be 30 better to carry it where space was available than to leave it out 31 entirely, he had .-taken out -another article to get .the article printed 32 'on page 15 ., '. -The reporter disputed the. assumption that St. Anthony 33 residents only read the first pages of the newspaper. 34 'Marks' Notes National Speaker ' s Appearance at St. Anthony High School 35 That Evening 36 The Councilmember indicated he had hoped the Council meeting would be 37 over in time- for him to participate in the. evening session of the 38, drug awareness seminar to . be conducted by Jevon Thompson of 39 Westminister, - Colorado, and sponsored by the 'St. Anthony. Chemical 40 Awareness' Committee. _He- reported the seminar was one. required to be 41 attended by- any St. -Anthony , student who chose to take part. in 42 M nnesota • High 'School activities -:as well ,:as a parent. Councilmember 43 Marks said 'not 'only -must the students . promise not to become involved 44 with drugs - or drinking, they are also- given . •to understand if they 45 break., that promise they could. find themselves unable to participate 16 1 in •- any-:, :school activities . He :pointed .. that, . this is, one .of. the: 2 activities, the :Council was : supporting.. by. funding the-. --Chemical 3 Awareness -Committee- which- was- most effective.. 4 - In . r.eaation ..to: the Committee, : on :which he serves as the Council. 5 . representat,ive; .:Councilmember Marks. reported unlike .other years, both 6 -the Chemical Awareness: Committee and its .Board._had held meetings- all 7 year long. 8 Councilmember Reports AMM to Study Greater Minnesota Corporation' s 9 - - Impact. on Metro Communities 10 Councilmember Makowske reported she had attended several of the most 11 recent meetings of the AMM Committee which is now concerned about 12 economic as well as housing issues.. She - indicated there had been , 13 some questions raised at one of these meetings about whether fundings 14 of outstate projects by the GMC might bean economic: threat for 15 metropolitan municipalities. The Councilmember said the general 16 consensus was that who the Governor appoints to serve on- this. body 17 could be a crucial question in this regard. 18 DEPARTMENTS AND COMMITTEES 19 Following brief discussions of each, the Council ordered the 20 :following filed as- informational: 021 *reports from the Edward J.- Hance law firm related to the 22 matters they .had represented the City on at the Hennepin 23 County District Court. on August.-5 and September 2 , : 19.87 ; 24 *August Fire DepartmentReport; 25 *August Financial Summary. 26 CITY MANAGER .REPORTS 27 ' September 15 ,. 1987. Staff Meeting- Notes 28 City Won' t Be ' Participating in Yard Pick Up Program 29 . -'Mr. Childs . indicated that, after finding out just how much it would 30 cost the: City to' have Waste Management pick up yard wastes, the . 31 decision had been- made not to adopt that program for the City this- 32 - year . He told Councilmember •Makowske residents can -now drop yard 33 wastes- of-f'. at . the -Public--Works Department to be hauled to Maple :=Grove 34 and brought back as- compost, which is made available. to._ the residents 35 -in the spring. 36 Enrooth to be Offered Watershed District Board . Nomination 37 The consensus was , that "si.nce he had already served on the Rice .Creek , •38 Watershed Advisory: Committ•ee , the Councilmember . should be. contacted 17 1 when he - '. returns to the City to ascertain --his interest in serving on -_ • 2 this, board-.- 3 Negotiations With School District to Continue 4 ,- Mr. Childs said he :and the Mayor would be meeting : . later' this week : 5 with District -28.2 School Board Chairman . ; John Durand- and 6 Superintendent Dr. Crystal Meriwether in an attempt to . keep the 7 dialogue going on the Parkview issue. Mayor Sundland reported that 8 - in addition, a meeting to discuss general city . and school concerns 9 between the Mayor and Board liaison ,, had been scheduled, similar .to 10 ones held in the past. Interestingly, this meeting had been 11 initiated -by the school. 12 Manager Contacting Firms to Do -Community Survey 13 Mr. Childs indicated his performance of this task the Council had 14 given him had been made easier when the Star Tribune: - had carried a 15 . story on cities who are, doing similar surveys , which gave him the 16 names of several other firms to contact. 17 Council Finds Owners ' Plan to Refurbish St. Anthony Shopping Center 18 Disappointing 19 The City Manager -told Councilmembers Makowske and Marks ,. who had not 20 yet viewed the above plans left with him by the center • 21 representative that week, that he was certain they would be as 22 "uniformly unimpressed" with them as the Councilmembers who had seen. 23 them were. He told them that, instead of the extensive renovation, 24 the owners ' spokeswoman had promised to encourage the Dairy Queen 25 owner to stay in the center , only a $60 , 000 facelift is now planned. 26 Mr. Childs said that amount is supposed to cover the costs of 27 painting the brick and the support columns and hanging canvas over 28 the walkways this fall and- striping the parking lot next spring. He 29 perceived the only good thing had been that the City had at last had 30 an opportunity to . meet with someone in the flesh who actually 31 represented the Portuguese family who owns the center. The Manager 32 reported that person had told him. the center is in a family . trust 33 now that the patriarch has died and the family doesn' t want to sell 34 it or change its mode of operation, intending to put no more than the 35 cash flow back into the center. Mr. Childs said he perceived the 36 center 'is not updated, it will be even harder to get good tenants to 37 generate cash flows for improvements. He told Councilmember 38 -' Makowske no - explanation had been made why the owners had failed to . 39 sign the leases of the good tenants who had wanted to move there. 40 PUBLIC HEARINGS 41 Council Authorizes $1 , 263 , 150 Tax Levy to Cover 1988 Budget 18 1 1 At - 9_:-25: . P.M. ; -.the' Mayor opened * the public hearing on the above,. 2 noting the absence of residences to provide .- input, despite the 3, posting -- of the notice . of- the hearing at _ various: locations..: 4 throughout. the ' City and its publication in the September 16th 5 Bulletin. 6 Documentation: copy of notice; 7 September 4th letter from the Director of Minnesota 8 Local Aids Division advising that the requested 9 $150 , 000 levy limit adjustment to reduce the City' s 10 payable 1987 property taxes, had ,been. approved but .-that 11 the $33 , 000 adjustment. for loss.,of federal revenue 12 sharing had been denied; 13 Mr. Childs ' September 18th summary of the 1988 budget; 14 estimates of effect of mill rate on City homes ; 15 Resolution 87-029 ; 16 copy of budget. 17 Mr. Childs summarized his memorandum by saying the $1 , 263 , 150 levy 18 would be $20 , 000 less than the levy limit imposed by the state, but � 19 almost $300 , 000 higher than last year ' s levy. He indicated he had 20 included the $150 , 000 levy variance the state had granted. the City 21 for using reserve funds to -off-set lower liquor operation profits. 22 -The Manager attributed the levy- raise to the loss of revenue sharing 23 and decrease in liquor operation profits- which had allowed- the City 24 to transfer only $150 , 000 from the Liquor Fund to the General Fund, 25 where the City had budgeted twice and more in previous years. 26 Mr. .Childs had projected a 3 . 1% increase in revenues for the General 27 Fund, which was an increase of $55 ,000 from- 1987 , but would be offset 28 by an* increase in total expenditures. He said revenues which are not 29 expected to increase would be Local Aid to Governments, fees , and 30 interest earnings _ on City holdings , all of. which are negatively 31 impacting on the City. Mr. Childs also anticipates raises in the 32 water- and sewer rates at the end of the year should offset some_ of 33 the deficiencies in those .funds . 34 Levy Increases. Would Cost Homeowners-Between $20 and $39 35 Under' the new 1988-assessment formula, the .above .increases- would- be. 36 experienced for owners -of $85 , 000 and $100 , 000 respectively assuming 37 the County mill-rate went up 1.-7 mills and the school district ' s 38 raise was 4 mills . The Manager ' s estimate assumed- no change in home 39 values . If home values increased by 3% , it could add $.100 in taxes 40 for a $100 ,000 home and ' $80 more for an average $85 , 000 home. in St . 41 Anthony. 19 1 Mr . ' Childs �said•'-under• the. 1988. assessment . formula.. which had.. not been. 2 changed, ' commercial, industrial and rental.-properties - in .St. Anthony • 3 could be expected:-to pay . 10 0 : more. in taxes. He. conf irmed that: the 4 new' Homestead credit formula decreased property , taxes on. residential _ 5 property but increased- the taxes. on the other classifications. 6 The' Manager* estimated that with a , 3o raise in valuation, the owner of 7 an average home in St. Anthony, which. is $85 , 000 , -would be paying a 8 total package of $105.. 00 .more in property taxes than was paid in 9 1987 . 10 Major ,Expenditures Anticipated in 1988 Budget 11 The City Manager. reiterated from his report that there were some 12 major equipment expenditures anticipated, including the second year 13 payment on the motor grader and the need for a new snow plow to 14 provide the City with better quality equipment than in the past year. 15 The hearing closed at 9 : 30 P.M. 16 Council Action 17 Motion by Ranallo, seconded by Marks to adopt the resolution 18 approving the $1 , 263 , 150 tax levy in the current year collectible 19 upon taxable property in St. Anthony. in 1988 . The resolution also 20 approves the 1988 City budget. 21 RESOLUTION 87-029 • 22 A RESOLUTION APPROVING THE 1987 TAX LEVY, . . 23 COLLECTIBLE IN 1988 AND THE 1988 CITY BUDGET 24 Motion carried unanimously. 25 Mr . Childs said he would, as requested by Councilmember .Makowske, 26 return to the Council with a budget amendment which would transfer 27 the Newsletter costs out of the Council Contingency Fund. 28 Council Approves Uncollectible Check write-Off 29 Councilmember Makowske asked the City . Manager to check- with .the 30 Liquor Manager to see what could be done to -prevent repetition of bad 31 check: cashing by- the same persons several times within the same year. 32 Councilmember Ranallo pointed out that the checks had been cashed in 33 different stores , but �.he agreed there should : be some way. ..of 34 preventing the same person from defrauding the City so many times.. 35 The' fact that some of- the . checks came from a church was also noted. 36 . Councilmember Marks wondered if computerizing these transactions 37 might 'alleviate the repetition problem. 38 Council Action 20 1 Motion by;: Marks;: seconded by. ;Makowske : to..author.ize. the write-off of., 2 .$4 , 153 .80.: in . .1986 uncollectible checks•:-( recognizing : that even°:with 3 -these losses, tYie City netted $23 ;.2.30. 4.2. ..in. : profits from check 4 cashing that year ) .: 5 Motion carried unanimously. 6 'Execution of Road Maintenance Agreement With Hennepin - County 7 Authorized 8 The -Council had :been provided copies of the agreement whereby the 9 County would authorize the City ;to provide road maintenance on .Silver 10 Lake Road, 37th Avenue N.E,. -and St. Anthony Boulevard, which are,. all. 11 County State Aid roadways within the City' s boundaries. 12 Council Action i 13 Motion by Makowske, seconded by Marks to adopt Resolution 87-027 . 14 RESOLUTION 87-027 15 •A• RESOLUTION AUTHORIZING- THE MAYOR AND 16 CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN 17 HENNEP.IN COUNTY AND THE CITY OF ST. ANTHONY 18 FOR ROAD MAINTENANCE W9 Motion carried unanimously. 20 Council Asks City Attorney to Research Pull Tab Issue Further 21 The Mayor indicated- that .after talking to the Lions Club Chairman, he 22 had concluded there would be no benefit discussing his 23 organization' s request to sell pull tabs in one of the City'. s .liquor 24 lounges without further research , of ` the legal: ramifications of 25 changing the City Ordinance to allow the games. He pointed out that 26 the City had applications from not only . the Lions . Club, but the St.. 27 Anthony Boosters and the Animal Humane Society. 28 Mayor Sundland said the fact that. St. .Anthony seems to have become an 29 island surrounded by communities , including . Minneapolis , who are 30 accepting pull tabs .in their cities made -it very, difficult for the 31 ' City to refuse them because- the City Liquor Manager has now told , the 32 Council that , based on the competition around him, he did not 33 . believe his liquor. operation could survive as -it is today without 34 permitting pull tabs. 35 Councilmember Marks indicated he was completely, opposed to allowing 36 pull -tabs . in St. Anthony, . perceiving ,no benefit. to the City from 37 them. He pointed to an article in ': last Sunday' s Star Tribune which 38 showed the 'New - Brighton Legion :Club h'ad..ac.tually only distributed .l-. 39 1/2%- of the- more than :a 'million dollars they had taken An from pull 21 1 1 tab sales _ to charities,'-:-.and :had •'used $47 ,.717 of the- .$119 ,003. profits ..• 2 for their own building projects: • . 3 - The Councilmember said � he - would be in no hurry to reconsider thi-s . 4 issue for that reason. 5 Councilmember Ranallo indicated he knew some of the information 6 contained in that : particular. article was inaccurate because ,he - 7 personally knew of instances where between 40% and 450 of what ..is 8 taken in is distributed to charity. 9 The Counci.lmember . said he questioned Mr.- Nelson-' s statement that .the 10 City could. charge the organization running the games $500 a.-week for. 11 rent and said - he- wanted the City Attorney- to, research the issue, of.- 12 pull tabs further to clear up questions which remain unanswered 13 regarding the provisions of the state law regulating charitable . 14 gambling. 15 Mr. Soth was asked to see if he could find answers to the following 16 questions: 17 *whether the' pull tab operations could be limited to only 18 local organizations ; 19 20 *what the "lawful purposes" are• for which the- profits can be 21 used; 22 *whether the City can impose any restrictions on those distribu- 23 tions such as limiting them only to local causes; 24 25 *whether the City can prevent professional consultants from 26 running the operations; 27 *what controls would the .City have over the operations in its 28 own facilities and how much- return can the- City derive from 29 those operations ; 30 *what controls would the City have over pull tabs in other 31 businesses like bowling alleys , etc . ; 32 *by allowing even one operation in the City, does the City have 33 to automatically allow - as-many games as there are businesses to. 34 let them in; 35 *what ' s the strongest language the City can legally put .in an 36 ordinance -to reflect its position related to pull tabs; 37 *what age restrictions can be imposed on -these games . , 38 Mr:' -Childs said staff would sit down. with . Roger.-Franke to see how , 39 many of these - issues had already -been . addressed in other 40 communities . Mr . Soth said he would first research the larger issue • 22 • 1 ' of whether , the City would - have any controls...once the first operation 2 is allowed, perceiving the 'rest -of. . the answers ..would fall in place 3—after that .question had been answered. 4 -Mayor Sundland, the Councilmembers Ranallo and Makowske each 5. indicated they perceived the-Council had to listen to the Liquor 6 Manager when -he 'said he couldn' t operate a profitable business 7 without pull tabs. 8 ADJOURNMENT 9 Motion by Ranallo, seconded by_ Marks to adjourn the- meeting at 1.0 :05 10 P.M: for the' St. Anthony Housing and Redevelopment Authority-meeting 11 which followed at 10 : 15 P.M. 12 Motion carried unanimously. 13 Respectfully submitted, 14 Helen Crowe, Secretary 15 �16 Mayor 17 ATTEST: 18 City Clerk 19 20 :cjk 21 • 23 DATE a r Al�P�?.OVAL = October 8, 1981 TO . ' Mayor and Councilmembers IPIROM z Lila Johnson, License/Billing Clerk T EM LICENSES FOR COUNCIL APPROVAL • a Motor Vehicle Starting Licenses Apache Mobil Service Dick's 66 Contractors Licenses Victoria Buildings & Construction Concord Builders Nordquist Sign Company Heating Licenses Advanced Heating & Air Conditioning I 3 t 1 i i 4 L1n 11 Q'7 BWBR ARCHITECTS _ . 400 Sibley St./St. Paul, Minnesota 55101/612 222-3701 Mr. David Childs DATE September 14',, 1987 City of Saint Anthony . 3301 Silver Lake Road INVOICE NO.: 4 Saint Anthony, MN 55418 COMM.'NO. : 86033.4 BASIS OF CHARGES: $55.00/hour up to maximum of $9,500.00 STATEMENT OF SERVICES Saint Anthony Liquor Construction Administration Interest on overdue accounts shall accrue at Amount Earned Amount Paid Amount Due percent per month: Amount earned thru. 8/26/87: $7,507. 50 $4,510.00 $2,997. 50 54. 5 hrs. @, $55.00 = $2,997. 50 Approved: Wi 1 f d F. John n otal Amount Earned $7,507. 50 otal Paid to Date 4,510.00 Total Amount Due $2,997. 50 BWBR'ARCHITECTS- September 28, 1987 Mr. David Childs, City Manager St . Anthony Village 3301 Silver Lake Road Saint Anthony Village, MN 55418 Re: SAV Liquor Store Commission Number 86033 Dear David: As you are aware, our fee calls for billing of construction administration services on an hourly basis . We had estimated that . our billing for these services would amount to approximately $9,500.00. However, as of this date, we have reached approximately $7,500.00 for architect's fees plus $1,500.00 for Chasney Associate's fees. This amount includes my time spent on revisions of the loading dock, which we had agreed will not be billed. Therefore, this time (which was 12 hours) will be pulled out of the bill reducing the $9,000.00 to approximately $8,400.00. However, it still is apparent that we will exceed the previously estimated $9,500.00. This is due to the additional time required for us on the job working with the contractor, which was not either of our choices , but rather was selected through the public bidding system. We just wanted you to be aware of the status of our billing. We will continue to make the most judicious use of our time on this project and strive to keep our cost and time to a .minimum. Sincerely, G1 RCH CTS, INC. Step en P. Patrick SPP/dkp Bergstedt Wahlberg Bergquist Rohkohl 400 Sibley St., Suite 500 St. Paul, Minnesota 55101 Phone (612) 222-3701 ;,. 1�ORSEY '8C WHITNEY A P.—I-11-INl l.l.ul MO 1'F OIta NIOFwL COFPOHwI'ION9 — 2200 FIRST BANK PLACE EAST MINNEAPOLIS., MINNESOTA 55402 (0121340-2600 (Internal Revenue Account No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES September 30, 1987 Mr. David R. Childs City Manager City of St. -Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 Re: City of St. Anthony For legal -services rendered from August 1, 1987, through August 31, 1987, including: Attend August 25 Council Meeting: $ 166. 50 • Matters regarding Stonehouse Renovations, including meeting with R. Nelson re Manning ' s ,Lease; send letter to Attorney for Manning' s re Lease changes; conference with R. Nelson; and send letter to R. Nelson: $ 555 . 00 Matters re Parkview School, including research re Statute of Limitations re City' s reversionary interest: $ 148. 75 Review agenda matters and minutes for meetings on August 11, 1987 and August 25, 1987 ; advise City Manager regarding various matters : $ 231. 25 TOTAL TIME: $1, 101. 50 PLUS Photocopying Charges: $ 16. 35 TOTAL TIME AND DISBURSEMENTS: $1,117.85 WRS :gle 615 17.8820 : 37 , 47', 77 , 1000 Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. Alor INVOICE ENGINEERS N ARCHITECTS 8 PLANNERS 222 EAST LITTLE CANADA ROAD,ST PAUL,MINNESOTA 55117 612 484.0272 September 16,'1987 City of St. Anthony 3801 Silver Lake Rd. St. Anthony, MN 55418 HIGHCREST ROAD ATTN: Larry Hamer, DETENTION BASIN INLET Director of Public Works STRUCTURE INVOICE NO. 9546 SEH FILE NO. 85000 FOR PROFESSIONAL SERVICES: FOR PERIOD THRU AUGUST 22, 1987 August 17, 18, 19 & 20 Preliminary study of problem, inspection of site, information gathering, development of schemes of repair or renewal, project cost estimates and report. Project Manager 3.0 hrs @ $55. 58/hr = $166.74 Project Engineer 15.0 hrs @ $64. 19/hr = 962.85 Clerical 1 .0 hrs @ $27.87/hr = 27. 87 Mileage & Expense 6.75 $1, 164.21 TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE . . . . . . $1, 164. 21 i IT of . m' Zowtur SS COUNTY OF RAMSEY,CITY OF SAINT PAUL Donald E.Lund In said County and State,being duly sworn. on oath,says,that he is Vice.President of the Short•Ellion-Hendrickson.Inc.,that the foregoing account�st and true;that the se therein charged were actually rendered.and of the value therein cha that the fees or ounts cha t tore are such ar allowed by law;and that no part.of such ° account has been paid. BETTY J. ERSKINE y NOTAFRY PU4JC—MINNESOTA • ''.-. RANISEY COUNTY Subscribed and sworn to before me this: �� ya? 19.-�_ } �' MY COM`1 EXPIRES N1AY 21. 1992 My commission expires 19 SHORT ELLIOTT ST.PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN ;l i r^ INVOICE. ENGINEERS B ARCHITECTS O PLANNERS 222 EAST LITTLE CANADA ROAD,ST.PAUL,MINNESOTA 55117 612 484-0272 September 24, '1987 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 ATTN: Larry Hamer Director of Public Works LIFT STATION NO. 1 INVOICE NO. 9674 SEH FILE NO. 87105 FOR PROFESSIONAL SERVICES: FOR PERIOD THRU AUGUST 31, 1987 For report on Foss Road' Lift Station. Principal Engineer 2.0 hrs @ $86. 11/hr = $ 172.22 Project Manager 37.0 hrs @ $47. 84/hr = 1, 770.08 Engineer Technician 6.0 hrs @ $28. 18/hr = 169 .08 Drafter 2.0 hrs @ $20.35/hr = 40.70 Clerical 10.0 hrs @ $25.42/hr = 254.20 Mileage & Expense 29 . 64 $2, 435.92 TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE . . . . . . $2, 435.92 i SS COUNTY OF RAMSEY.CITY OF SAINT PAUL Donald E.Lund In said County and Stare.being duty sworn, on oath,says,that he is Vice President of the Short-Elliott-Hendnckson,Inc..that the foregoing ac co iS just and true:that I rvices therein charged were actually rendered o and of the value therein cha .that the fees mounts hang therefore are ch as are allowed by law:and that no part of such a account has been paid. BETTY J. ERSKINE • — i4.'r NOTARY PUBLIC—MINNESOTA Subscribed and sworn to before me this a 19-_�_ RAMSEY COUNTY y MY COMM. EXPIRES MAY�7. 1992 s?7 �iz e a My commission expires t 9 - SHORT ELLIOTT S�PAUL, CHIPPr:VV-;,—ALLS, HENDRICKSON INC. VNNNESOFA WISCCN hN WAlTEOPOLITAn METROPOLITAN 1NASTE COnTROI CONTROL COMMISSION (ommmon Twin Cities Area 350 METRO SQUARE BUILDING ST. PAUL, MN 55101 PHONE 1612) 222-8423 CITY OF ST ANTHONY ACCOUNTS PAYABLE 3301 SILVER LAKE ROAD ST ANTHONY MN 55418 INVOIC 8/01/87 0022475-000 SEPTEMBER 0004587 INVOICE DATE CUSTOMER ACCOUNT NUMBER SERVICE MONTH INVOICE NO. AMOUNT 401 SEWER SERVICE CHARGES 24,896.08 • TOTAL: 24,896.08 Due on the first day of the service month. Installments not received by the 10th day of each month in which due shall be regarded as delinquent and shall bear interest from the first day of such month at the rate of 18% per anum. As per laws of Minnesota 1985, chapter 136. 265 Oneida Street 4 S P U T.E E soL_UT l O N. Saint Paul,.Minnesota 55102 (612) 290-0790 ENTER : Septemoer 24. 1987 Mayor Robert Sur.dlar:d City of St . Antony 3301 Silver Lake Road ` St . Anthonv. MN. 55418 Dear Mayor Sundland: The purpose of this letter is two-fold. First . we want to briefly reacquaint you with the services provided by the Dispute Resolution Center (DRC) and secondly, we want to advise you of our financial situation for 1988. As perhaps you ace aware. the Dispute Resolution Center has 2,een assist :ho -local ccvernmen*,s and citizens of Ramsey County resolve a wide variety of disputes over the past 4-1/2 years. The Center Provides mediation and conciliation services to assist disputing parries to work together in develooina mutually agreeable solutions to their differences. Our service area includes all of Ramsey County . Neariv_ thirty oercent of our clients reside ou,11-s de of the City of St . Paul . We have successfully_ mediate^ over _ iffy cases t�,couah the Maplewood and White Bear rake t;ra;,C`'eS Cf CCU^,.^•_ l :at :on CCMrt !n the first elaht mcnz' s of 190 . Tr,e services are teneficial to the City of St . Anthony because we ca!: -ancle Cases which demand an inordinate amount 011 C_ 'V_ Sta4 t !rle and Citizen-t;ased disputes involving ^:eighb.ors. business d f'nnq �mcnc d_ �r tenants � f rr an �:: .�..:,,.: .,. or i an ;� ds and can be re e ea ro the Center for quick and inexpensive resolution . in aadition . we assist ci* ies to resolve cisputes where the city is a parry . including dlspures over land use. contracts for service. special assessments or a host of other issues where a strictly legal intecoretation may not apply or result in the most satisfactory lonc-term solution to the problem. Governor Pern:ch will proclaim the week of November 15-2! as Dispute Resolution Meek. The purpose of the Week.' is to increase the public's awareness of the advantages of set tlino disputes out Of court and of the services available throuah facilities such as the Center . As oar of the Weeks activities. we will make a presenta tion at the Ramsey County League of Local Governments • monthly meeting on November 18th . We will demonstrate how you can use our, services effectively and answer anv auest,ions you m1oht "1 Since the Center's inception in 1982. . our primary financial • s:,,gporters have been Ramsey County. the City of St . Paul and private foundations. Foundations cannot be viewed as a long-term s*.a.bie source of funding, and grant-writing requires a large expenditure of staff time. The Center's Board of Directors discussed funding options at its last meeting. The Board has decided to initiate a fee schedule to heip cover the cost of actual mediations beainnina this Fall, . Under the clan. all parties. including cities. will pay a modest fee for Cispute resolution services. But in addition. the Board felt that the time had come to broaden 'the base of basic ac.ninistrative support - for keeping. the doors open, so that services are available when the need arises. Therefore. we are asKi.^.a for a voluntary contribution of $250.00 from each city w- t'— n Ramsey County . We appreciate •!cur favorable consideration of this request . During the coming year. we hope you encourage your constituents to :ry us before goina to court or before their disputes escalate to vnm,�.^.ice .ble proportions. S! ncerely. _Pu 3FoT :?±=D:.ANDFR MARY AD_ ON _xecuz ive Director Presiders , Board cf Directors • EDWARD J. HANCE LAW OFFICES, LTD. SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA SS418 EDWARD J. HANCE JOEL T. LEVAHN O PATRICK J. OMEARA PAUL W. FAHNING TELEPHONE ALLEN R. DESMOND (612) 781-4858 ASSISTANTS TERESA H. CRAVEN KATHRYN A. DAILEY September 22 , 1987 Mr... David Childs City Manager City of St. Anthony , 3301 Silver Lake Road St. Anthony, Minnesota 55418 Captain Richard Engstrom St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 • Chief Donald Hickerson St. Anthony Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Gentlemen: Enclgsed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court on September 16 , 1987. Should you have any questions or comments, please contact me. Yours very y, RD RD J. HANCE Enclosure EJH/kd ST. ANTHONY PROSECUTION ACTIVITY September 16, 1987 • EDWARD J. HANCE LAW OFFICES, LTD. Submitted by: Edward J. Hance Prosecuting Attorney 2401 Lowry Avenue N.E., Suite 200 Minneapolis, Minnesota 55418 Telephone: (612) 781-6539 A R R A I G N M E N T S - The Honorable Dolores C. Orey DEFENDANT PLEA SENTENCE Duarte, Chris Anderson . Charged with DAR and displaying Fine - $150.00. 108 revoked license plates; Pre- Trial set for October 7, 1987. ;ordon, Thomas Frank Charged with DWI, alcohol content 113, 114 of .10 or more within two hours (.19), open bottle, and litter- ing from a motor vehicle; Pre-Trial set for November 4, 1987. Gray, Mark Steven Charged with DWI, alcohol content 115 of .10 or more within two hours (.11) , alcohol content of .10 or more (.11), and speeding; Pre-Trial set for November 4, 1987. Hanson, Roy Joseph Charged with disorderly conduct; Charge continued one year for 114 Charge continued one year for dismissal on conditions of no same dismissal. or similar offense and payment of $30.00 in court costs. Hoff, Michael Scott Charged with DAR and no 115 insurance; Pre-Trial set for November 4, 1987. Hollenback, Andrew Hudson Charged with giving false Fine - $125.00; Jail - 10 days, 10 115 information to a police officer, days stayed; On conditions of no driving without valid Minnesota same or similar offenses and payment driver's license, and defective of fine on outstanding warrant headlight; Pled guilty to within 120 days. driving without valid Minnesota driver's license; Other charges dismissed. Holum, Sherri Lynn Charged with theft under $250.00; Charge continued one year for 108 Charge continued one year for dismissal on conditions of no same dismissal. or similar offense and payment of $100.00 in court costs. Huber, Jason John Charged with no insurance and 114 violation of motorcycle permit; Pre-Trial set for November 4, 1987. Imgrund, Roberta Marie Charged with speeding as a 112 misdemeanor; Pre-Trial set for November 18, 1987. Rringen, Connie Rae Charged with DWI and alcohol 113 content of .10 or more within two hours (.16) ; Pre-Trial set for November 4, 1987. •Kunst, Michael Joseph Charged with no insurance Fine - $150.00. 108 and defective exhaust; Pled guilty to no insurance charge; Other charge dismissed. Loahr, Douglas-Michael Charged with DWI and defective •116 equipment; Arraignment continued until October 7, 1987. Majava, Keven John Charged with DWI, alcohol content Fine - $300.00; Jail - 30 days, 28 108 of .10 or more within two hours days stayed; On conditions of no (.12), and possession of alcohol-related offenses, no driving marijuana in a motor vehicle; after using alcohol or other mind- Alcohol content of .10 or more altering chemicals, payment of fine, within two hours charge amended surcharge, and alcohol assessment to careless driving due to fee, and completion of DWI program low alcohol content reading and within 90 days. Defendant's good prior record; Pled guilty to careless driving; Other charges dismissed. Manske, Timothy Gerald Charged with DWI and alcohol 108 content of .10 or more within two hours (.13); Pre-Trial set for October 21, 1987. Meyers, Keith Eugene Charged with speeding; Pled Fine - $60.00. 103 guilty. Mishler, Timothy Samuel Charged with obstructing legal Engstrom, Thoemke, 103, process with force, criminal 108 damage to property, and DAS; Jury Trial set for October 19, 1987, at 8:45 a.m. Nelson, Brian Eugene Charged with DAS and speeding; Fine - $150.00; Jail - 5 days, 5 113 Pled guilty to DAS; Other days stayed; On condition of no same charge dismissed. or similar offenses. • Oien, Shari Kay Charged with no insurance; Charge 108 dismissed as Defendant provided proof that she had insurance coverage on her vehicle on the date of the stop. Sharp, Jr., William Lee Charged with DWI, alcohol content 113, 115 of .10 or more within two hours (.11), alcohol content of .10 or more (.11), and open bottle; Pre-Trial set for November 18, 1987. Soule, Dennis Alan Charged with no insurance; Pled Fine - $150.00; Jail - 5 days, 5 X14 guilty. days stayed; On conditions of payment of fine within 90 days, no violations for driving without required insurance, and payment of surcharge and fine. Tate, Lynee Theresa Charged with DWI, alcohol content Thoemke of .10 or more within two hours (.14), DAS, and speeding; Pre-Trial set for October 21, 1987. Weeber, Judith Ann Charged with no insurance and Fine - $150.00; Jail - 10 days, 10 108 operating motor vehicle without days stayed; On condition of no same low beam headlights; Pled guilty or similar offenses. to no insurance charge; Other charge dismissed. Wertz, John Marlen Charged with DWI, alcohol content �08, 116 of .10 or more within two hours (.12) , alcohol content of .10 or more (.12), and speeding; Arraignment continued until October 7, 1987. Ziegler, Joseph Christian Charged with shoplifting; Charge Charge continued one year for 103 continued one year for dismissal. dismissal on conditions of no same or similar offense and payment of $100.00 in court costs. • P R E - T R I A L S - The Honorable Dolores C. Orey DEFENDANT PLEA SENTENCE Armato, Leonard Charged with gross DWI and Thoemke, 113, 114 gross alcohol content of .10 or more (.14); Pre-Trial continued until November 4, 1987. Dirlam, Thomas Patrick , Charged with DWI and alcohol Fine - $700.00, $700.00 stayed; 108 content of .10 or more within Jail - 90 days, 90 days stayed; On two hours (.16); Pled guilty conditions of no alcohol-related to alcohol content of .10 driving offenses. or more within two hours; DWI charge dismissed. Hellendrung, Donald Leroy Charged with disorderly 112 conduct; Jury Trial set for October 13, 1987, at 8:45 a.m. M I S C E L L A N E O U S DEFENDANT PLEA SENTENCE Femrite, Scott Mahlon Charged with DAS; Pled guilty Fine - $100.00; Jail - 90 days, 114 to DAS in conjunction with parole after 15 days; On conditions guilty pleas to pending charges of payment of fine and no same or of DAR and violation of a similar offenses for one year. limited driver's license from other municipalities; Plea entered before The Honorable George Adzick. J U R Y T R I A L S DEFENDANT PLEA SENTENCE Jarnot, James John Charged with gross DWI, gross No fine levied as Defendant is on Engstrom, 108 alcohol content of .10 or more welfare; Jail - 365 days, 360 days (.23) , and possession of stayed two years; On conditions of marijuana in a motor vehicle; no same or similar offenses, no dri- Pled guilty to gross alcohol ver's license or insurance viola- content of .10 or more; Other tions, in-patient treatment at charges dismissed; Plea entered St. Joseph's Hospital in Brainerd, on September 10, 1987, before weekly attendance at AA meetings, The Honorable Thomas H. Carey. and active probation for two years. Martinez, Daniel Cordova Charged with gross DWI, DWI, Jail - 365 days, 360 days suspended; Engstrom, 108, 114, 116 and careless driving; Pled guilty On conditions of no drinking and to gross DWI; Other charges driving violations, Defendant dismissed; Plea entered on reporting to probation officer for September 15, 1987, before two years, and Defendant complying The Honorable Neil Riley. with probation requirements for two years. C O M P L A I N T S DEFENDANT OFFICER CHARGE Aasen, William Jeffrey Chief Donald Hickerson Charged with gross DWI and gross Officer John Mac Queen alcohol content of .10 or more • within two hours of driving (.20). Elmer, David Scott Officer Dominic Cotroneo Charged with driving after suspen- sion and driving with an expired driver's license. •1 Esswein, John Clifford Officer Jeffrey Scholl Charged with DWI, alcohol content measured within two hours of driving of .10 or more (.23), driving after revocation, and driving without a Minnesota driver's license. •Kaufmann, Michael Emmett Captain Richard Engstrom Charged with gross DWI, gross alco- Officer John MacQueen hol content of .10 or more within two hours of driving (.22), and speeding. Mishler, Timothy Samuel Captain Richard Engstrom Charged with obstructing legal pro- Officer William Ferguson cess or arrest with force, criminal damage to property, and driving after suspension. Sheehan, Sean William Officer Jeffrey Scholl Charged with DWI and possession of marijuana in a motor vehicle. Sherman, Christian Arthur Captain Richard Engstrom Charged with gross DWI (two convic- Officer John MacQueen tions within 10 years), gross DWI (two convictions within five years), aggravated DWI, and giving false information to a police officer. D I S M I S S A L S DEFENDANT CHARGE REASON FOR DISMISSAL Odegard, Roger James Charged with driving after The party who was arrested gave a St. Anthony Citation revocation, false name (his brother's) and that No. 187-634094-2 name was put on the citation. The Officer David Carlson arresting officer requested that the citation be dismissed as it had been issued to the incorrect person due to Defendant giving the officer a false name. Sunt, Pamela Jo Charged with no insurance. The Defendant provided proof of St. Anthony Citation insurance to the Hennepin County No. 187-633961-3 Violations Bureau and that office Officer John MacQueen requested that this citation be dismissed as the Defendant was insured on the date of the stop. • t. SALES SUMMARY SEPTEMBER 1987 Store One Store Itao Store Three Combined On Sale Off Sale on Sale Off Sale Warehouse Sales - Sept. 187 298,306.04 29,65.5.05 16,341.75 133,882.61 118,426.63 Sales - Sept. 186 288,244.33 31,978.98 18,232.99 99,852.10 138,180.26 Increase $ 10,061.71 2,323.93* 1,891.24* . 34,030.51 19,753.63* Increase % 3.49% 7.26%* 10.37%* 34.08% 14.29%*- Sales - 9 Mos. 187 2,739,387.39 257,691.29 160,297.59 1,198,036.34 1,123,362.17 Sales 9 Mos. 186 2,591,613.66 296,892.98 178,023.16 .706,433.81 1,410,263.71 Increase $ 147,773.73 39,201.69* 17,725.57* 491,602.53 286,901.54* Increase 7, 5.70% 13.20$* 9.95%* 69.580 20.34%* * Decrease �ain t ® i1� e DATE October 8, 1987 ' -CO Mayor and Councilmembers F ROM e Lee Entner, Fire Chief FIRE DEPARTMENT MONTHLY REPORT - SEPTEMBER, 1987 FIRES - 3 hours 50 minutes 9%10 3929 Fordham Natural gas leak 9/11 2916 Hilldale Kitchen fire 9/15 3020 Crestview Auto fire 9/18 Sunset Cemetery Illegal burning 9/23 2654 Kenzie Terrace-rear Dumpster fire 9/25 3357 Silver Lake Road Chlorine Leak 9/25 3701 Chandler, #102 Kitchen trash can fire 9/27 2654 Kenzie Terrace Dumpster fire 9/30 2845 Anthony Lane Fire alarm MEDICALS - 6 hours 49 minutes 9/1 3700 Silver Lake Road Diabetes 9/2 Silver Lake Road/Silver Pedestrian P. I . Lane 9/3 3105 Edgemere Abdominal pain 9/3 Hwy. 88 & north of Possible P. I . 29th 9/4 St. Anthony Bank Possible P. I . 9/6 3013-32nd Anaphylaxis 9/6 Baker's Square Fall 9/9 39th & Silver Lake Rd. P. I . (cancelled) 9/9 Silver Lake Road/Silver P. I . Lane 9/12 2501 Silver Lane Hemorrhaging 9/12 Video Update Medical 9/12 3511-37th, #212 Chest pain 9/17 2601 Kenzie Terrace CPR 9/17 2550 Hwy. 88 Town & Fall Country 9/17 3301 Silver Lake Road Alcohol/drug abuse SAPD office 9/18 High school Ped. P. I . PT. found 9/18 H.S. football field Dislocation 9/18 2812 Silver Lake Road FX wrist :cjk10. 13.87 -2- 9%19 3700 Foss Road Respiratory 9/20 2626 Kenzie Terrace, 106 Fall 9/21 2626 -Kenzie Terrace Fall 9/21 27th and Stinson Slumper (unfounded) 9/25 2611-29th Heart 9/25 St. Charles School Possible stroke 9/26 3430 Silver Lake Rd.. Lacerated wrists 9/27 3404 Croft Drive Heart 9/29 3320, Skycroft Circle., Heart 9/30 2900 Kenzie Terrace Heart (STILL) SPECIAL -DUTIES 9/3 2709 Kenzie Terrace Observe underground tank removal 9/11 Football field H.S. .Standby first aid 9/16 Wilshire Park School Remove ring from finger 9/18 Parkview School Demo 9/18 Football field H.S. Standby first aid 9/24 Schools Public education 9/29 Area Public education programs 9/30 Area schools Fire prevention/demo's • 33 BP' s taken at station 470 Public education students 4 • ST. ANTHONY FIRr DFPART11211T MONTHLY REPORT COMPANY , Iz zl , T2ucK RUN' DATE TIME LOCATION LOSS RF ARKS AT FIRST PECI,IL COMPAN FIRES AID DUTY INSPT O' HRS PAIN HRS MIN HRS MIN MRS I l o6b .37uo FOSS PO 5r�f'S ANN Jv►� lwsi9rc7rav 275 ;5 q-I )50(, `I7o-u ���uc� LAY-t 20 . �MC—� — 0►I�P �� 3� (oo I -Z 0-105 -iLVEP LA✓Z )FD SILVER LANE Ic:-5a r-�PAC4V_ l C IT'7 1-1A1,L_ yopbP OFF Flu" 62: LAP P"CST&>/-M�PLIO _ - f ,,Z L � z�ay K.ET1z.1 E 7�• ��PJ� uNU<<2c.,2owvo TncN I_ Pam q-3 (y 1Z- 3105 Cz-DsEm64R& PN>✓. N'ar= -y d9 0 _ S SS Cl l U %YU ao7 .(o Oy2� 3o)3- 32`-`j 7�we, .:t nom//A Pmjc-AK1 J573 2� C - 8 !Al C2wZR - /P,P..F.-P l-,0/ A)ING �- Sow re-C . iES ST. ANTHONY FIRE DEPART113tIT MONTHLY REPORT _ COMPANY 14, la5k. �a/ �.zz flit: DATE Tim_ LOCATION LOSS REMARKS AT FIRST SPECIAL COUPAti FIRES AID DUTY INSPT '�' HRS IMIN HRS MIDI HRS: MIN HRS MI - o z A 3I ,fig °�-�r ►3rS (aRbq ` _ �c,r� puii� w :380 9-if 18Z3 Zylb Nu.LDALE ANF-. N�E. Se K rcAet� FIQC ZS 58I 9-11 19m %tAtglq>A boat E A1L :P10-D 5TMO Oki Sot W s - � g Z i q 44- V i c v F-aI c w L .. 2,9 -12- 233 Z,Z [, "- /�i,✓S Z!o a 9-/s /130 Gcrry an L Pig �n�rr�. w/���. va ;89 9-15 ISti S 3(xo C FP65fvlcw W— j AjA ly F-,r26 ►5 s -/ w 4j - l t 9-1`1 OU Ztdj l(ENZI£ 7�. AN AL. lnfSt 'fic z 1- ST. ANT;1OTdY FIRE DE'P11RT11CUT MONTHLY PEPORT CoMpANx EA16 it, I? z -roc l l sf:PT.,X98 DATE TI�tr LOCATION LOSS RFMARKS AT FIRST PECLU COMPkN "•, FIRES AID DUTY INSPT HRS PAIN HRS HIN HRS MIN HRS I ;n�i; 9-o 17c� z�p l K1Zi Te�� . m - c P2 3b - 3 J-I IRoo ZSSo RM.Eb-TouW CoUN71y MC/)1c1V` - SaP� �( 9-11 1910 W 3301" SIWF�� Qo. o�ct lYl�plca� A�co�a-1v12ub Af3u5Lz 30 9-/8 Ice.31 ►=1 (O 3-) Sc+too- y"7 C0;cj9L- Foo"O. l ! -� iLL n2Q PALL Z i - cf L�i Z '` �i — e6 LO Cl oy -z) 10802 " . ,,,;, :os -Lt Ji/ o 30 -- o -LI d Opj gLys ---- GfL� f a ST. ANWONY FIRE DF..PART113IJT MONTHLY REPORT COMPA EN& I 1 ,12, Zr -TeUCK I I s>✓P� raY , 198 litJ DATE TI!Ir LOCATIO14 LOSS RE ARKS AT FIRST PtCIAI. COMPAK FIRES AID DUTY IKSPT 0 HRS LAIN HRS MIN HRS IMIN HRS 01 VZ 4 2,11Y 216SY KevZ;£ 71W. - 4w— Lt4 m l9sTfF42 F E)6- Zo /o yea I Sc. L s _ � . S-7 Uc, 4 .9 c 0 ? ` ?o r- ! Aj ,c� °/0,-2- ids C ��e 3 _ / Z,S y p S T S {;; Da S ° 6 S fo Zo3 n ea S fckffvL, A n 3o 1- G/216 0)�I 34ioSl%-NL P Lw&(�0. U11�4 t cart; - , try wR-�S7S 1 ,/q, ZIZL Z65-4 K CN 7,1 E � -blimpST.Q -z 3`to Ac E q -FD PLO G('/•Ims Z 1 -Z,2 Z/ ? • zo C,1 le-c,(,E ED L, - 7-8 J j IUF cz Ate O a3 1-3o 090 T 3o -30 /o/0 i2r Fi2E �U�n,i�o,�1�Era�o 3 ' ST. ANT;IONY FIRE DEPARTWENT MONTHLY REPORT COMPANY bur., i i L r.Z/ .zl /I RUN DATE TIME LOCATION LOSS REMARKS AT FIRST SPECIAL COIIPAh FIRES AID DUTY INSPT O' HRS MIN HRS P4%Pa HRS MIN HRS I TOTAL- N 1 7 /0- 3S ► 3 r a -S FlI � I � MONTHLY REPORT - POLICE DEPARTMENT • August 1987 POLICE SERVICE TO THE PUBLIC Total number of radio calls -------------------------------------------------- 461 PublicAssists --------------------------------------------------------------- 68 OtherDetails ---------------------------------------------------------------- NUMBER OF CASES REPORTED FOR THE MONTH HOMICIDE 0 FIRE CALLS 2 SEXUAL ASSAULTS 0 SUICIDES (.Attempt) 0 OTHER SEX OFFENSES 0 DOMESTICS 5 ROBBERY 0 TRAFFIC ACCIDENTS ASSAULTS 2 FATALS 0 BURGLARY-RESIDENTIAL 1 PERSONAL INJURY 2 BURGLARY-BUSINESS 0 PROPERTY DAMAGE 5 LARCENIES 27 HIT & RUN 2 MOTOR VEHICLE THEFTS 4 UNSECURED BUSN/RES. 9 OON 0 DELIVER AGENDAS, TAGS 36 FORGERY 2 WATER SEWER PROBLEMS 1 FRAUD 0 STREET SIGNS & LIGHTS 0 ROAD CONDITIONS, ETC. 0 VANDALISM 4 ASSIST OTHER POLICE & 24 WEAPON OFFENSES 0 SHERIFF DEPARTMENTS NARCOTICS VIOL. BURNING ORDINANCE 0 OTHER CRIMES 1 REPORT TRAFFIC SIGNALS 0 DISTURBANCE CALLS 20 GIVING/RECEIVING INFORMATION 116 SUSPICIOUS PERSONS/VEHICLES 35 ASSIST OTHER 6900 SQUADS 94 RUNAWAY JUVENILES 0 INVESTIGATION FOLLOW-UPS 20 ALARM CALLS 31 LIQUOR BANK RUNS 36 WARRANT ARRESTS 14 MEDICAL EMERGENCIES 32 IMPOUNDED VEHICLES 36 ANIMAL BITES 0 LIQUOR OFFENSES 0 OTHER ANIMAL VIOLATIONS 20 D.W.I. ARRESTS 14 OTHER INCIDENT REPORTS 11 BREATHALYZER TESTS RUN 16 MONTHLY PATROL STATISTICS August 1987 MOVING NON-MO VING 'GROSS. MI SO. TRAFFIC MISD. FELONY - WARRANT OFFICERS D:W. I , ARRESTS VIOLATIONS VIOLATIONS '. D.W. I . ARRESTS CRIMINAL ARRESTS ARRESTS Fergyson 16/13 2 � 1 Sturdevant 4/3 6 MacQueen 44/3 9 3 13 3 1 Johnston 52/29 - 2'- 1:.: _ 31,2 4 i - i 3;2 Scholl 46/19 3 2 1 3 1z Ohl 20/6 - 7 1 Carlson 55/29 4 3 4 ...1 ,,:.. ._.. : 2i _... Cotroneo 47/22 1 2 ' 42 12 i 1z OTHERS 6/1 . 1 , TOTAL 290/125 27 12 1 35 11 1 11 CITY OF ST. ANTHONY ORDINANCE 1987-004 AN ORDINANCE RELATING TO CONDITIONAL USES IN THE LIGHT INDUSTRIAL ZONING CLASSIFICATION, AMENDING SECTION 10 , SUBDIVISION 3 , ITEM 7 , OF APPENDIX I OF THE 1973 CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1 . Section 10 , Subdivision 3 , Item 7 , of Appendix I of the 1973 Code of Ordinances is amended to read as follows: 7 . Two dwelling units of not more than 600 square feet and one bedroom each for use as residences for caretakers for a mini-warehouse facility. No such . dwelling unit shall be occupied by a person other than a bona fide caretaker of a mini-warehouse facility and the caretaker ' s spouse and dependent children. For purposes of this sub-section the term "mini-warehouse" shall mean a building or buildings designed and intended for warehouse use by three or more different tenants. Section 2. This Ordinance shall be effective as of its date of publication. First reading: October 13 , 1987 Second reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin on the day of 1987 . RESOLUTION 87-030 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO CONTRACT NO. 70493 REGARDING THE URBAN HENNEPIN -COUNTY CDBG PROGRAM FOR FISCAL YEARS 1988, 1989 , AND 1990 ON BEHALF OF THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony, Minnesota, and the County of Hennepin have executed a Joint Cooperation Agreement, County Contract No. 70493 , for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program for Fiscal Years 1988 , 1989 , and 1990 . BE IT RESOLVED, that Amendment No. 1 to the Joint Cooperation Agreement, County Contract No. 70493 , be approved, and that the Mayor and the City Manager be authorized to sign Amendment No. 1 on behalf of the City. The question was on the adoption of the resolution, and upon a vote being duly taken thereon, the following voted in favor thereof: and, .the following voted against the same: Adopted this day of 1987 . Mayor ATTEST: City Clerk Reviewed.:for . admin.istration: City Manager • AMENDMENT NO. .1 TO. CONTRACT N0. THIS AGREEMENT. madeand- entered into by and -between the COUNTY OF HENNEPIN,� S ate of Minnesota, hereinafter referred,.�to, as "COUNTY," and the CITY 'OF hereinafter referred to as "COOPERATING UNIT."' Said parties tGF this greement each being governmental -units.'of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59; It- is hereby ,agreed- that that certain agreement, made and entered into on- September 15, . 1987,= and, bearing Contract No. 7049,3 between the herein-named parties covering joint. cooperation in the Urban Hennepin County Community Development Block- Grant program is hereby amended in accordance with the provision set forth -below: - Section I. DEFINITIONS, of the original ..contract .shall be amended by adding paragraph F. "Metropolitan City" which shall read: F. "Metropolitan City" means any City located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. Section III . AGREEMENT, Paragraph A of the original . contract shall be amended to read: • A. The term of this Agreement is for a period commencing on the effective date of October 1, 1987, and terminating no sooner than the end of program year sixteen (XVI) covered by the Statement of .Objectives and Projected Use of Funds for the basic grant amount authorized by HUD subsequent to the effective date and- for such additional time. as may be required for the expenditure of funds granted to the County for- such period. Section III . AGREEMENT, of the original contract shall. be amended by adding paragraph. D. which shall read: D. COOPERATING UNIT and COUNTY shall take al.l action necessary to assure compliance with the urban county' s certification required by Section 104(b) of the Title I of the Housing and Community Develop- ment Act of 1974; as amended, including Title VI of the. Civil Rights Act of 1964, Title' VIII of the Ci-vil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Section VII . FINANCIAL MATTERS, paragraph L of the original contract shall be amended to read: E. COOPERATING UNIT shall inform COUNTY of any income generated by the -expenditure of CDBG .funds it has received .and shall pay to COUNTY all program income generation -except as.'.derived from activities • with an approved revolving account. f 1. COUNTY will retain' ten percent '(10%) of all program income paid to COUNTY to defray administration expenses. • 2:� . The remaining ninety percent (90%) . of the program income paid . to COUNTY shall' be credited 'to the grant authority of COOPER ATING UNIT whose activity generated the program income and shall be used for fundable and eligible CDBG activities con- sistent with this Agreement. 3. COOPERATING UNIT is authorized to retain program income derived from activities with an approved revolving account provided such income is used only for, eligible activities in accordance with all CDBG requirements_as they may apply. . 4. . COOPERATING UNIT shall maintain appropriate records and make reports to COUNTY as may be needed to enable COUNTY to monitor and report to HUD- on the use of any program income. 5. Any program income that is on hand or received subsequent to the closeout or change in status of COOPERATING UNIT shall be paid to COUNTY. Section VIII. REAL PROPERTY ACQUISITION OR IMPROVEMENT, shall be added to the original contract and shall read: SECTION VIII. REAL PROPERTY ACQUISITION OR IMPROVEMENT The following provisions shall apply .to real property acquired or improved in whole or in part using COBG funds. A. COOPERATING UNIT shall promptly -notify COUNTY of. any modification or change in the use of real property from that planned at the time of acquisition or improvement including disposition. - - B. COOPERATING UNIT shall reimburse COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. C. Program income generated from the disposition or transfer of .property prior to or subsequent to the closeout, change of status or termination of this Agreement shall be treated as stipulated in Section VII , paragraph E of this Agreement. Section IX. METROPOLITAN CITIES, shall be added to the original contract and shall read: SECTION IX. METROPOLITAN CITIES • A. Any metropolitan city executing this agreement shall defer their entitlement -status and become part of Urban. Hennepin- County only under condition that a statutory provision authorizing .def.erral of . metropolitan city status becomes enacted prior to the official allocation of the FY 1988 CDBG funds. B. Should the statutory provision authorizing deferral of metropolitan city status not be enacted it will be necessary for Hennepin County and any metropolitan city executing this agreement to request HUD to approve the inclusion of the metropolitan city as a part of Urban Hennepin County for purposes of planning and implementing . a, joint community development and housing assistance program. In such a case this agreement shall be fully effective. This agreement shall be effective for the same period as the original agreement. Except as hereinabove amended , the terms, condition and provision of said Contract No. 7pq 9J, dated September 15, 1987, shall remain in full force and effect. COOPERATING UNIT, having signed this agreement, and the Hennepin County Board of Commissioners having duly approved this agreement on , 1987 , and pursuant to such approval and the proper County • official having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. Upon proper execution, this COUNTY OF HENNEPLN, STATE OF MINNESOTA agreement will be legally va ' and bindi By: Chairman of its County Board ssist nt C y And : Date: ® Deputy/Associate Count Administra or . APPROVED AS TO EXECUTION: ATTEST: Deputy County Auditor Assistant oun y Attorney Date: CITY OF ST. ANTHONY By: Its Mayor And : Its City Manager The City is Organized pursuant to: Plan A — Plan B Charter RACT CHANGE ORDER A r CO NI r � CONTRACTOR PLEASE SIGN ALL COPIES OF THIS DIRECTIVE AND RETURN TO ARCHITECT. OWNER PLEASE SIGN ALL COPIES OF THIS BWBR ARCHITECTS ORDER, RETURN 2 COPIES TO ARCHITECT 1/� AND R ETAIN ONE COPY FOR YOUR FILES Date of this change order _ September 9, 1987 No.of this change order 1 Regarding Project St. Anthony_Liquor Addition BWBR Project No. 86033.4 The Contractor is hereby directed to make the following changes in this Contract: ITEM 1 Change mechanical equipment to Rheem. DEDUCT $2,700.00 ITEM 2 Additional water piping due to •Xiater service ADD $ 450.00 entrance change. _ ITEM 3 Change north foundation wall to_,1.6" _CMU filled _ NO CHANGE IN COST _ with poured concrete and W rebar 16"o.c. ITEM 4 Reroute existing water service to avoid pier footing. ADD $ 230.00 . ITEM 5 *Add guide rails at automatic entrance doors ADD $1,228.00 (Modification 1, Item 1) . ITEM 6 Substitute gypsum sheathing for plywood sheathing NO CHANGE IN COST at skylite curb detail (Modification 1, Item 2). accordingly the amount of the contract will be(increased)(decreased) in the sum of:$ 2,063.00 Two• Thousand Sixty Three Dollars and 00/100--------------------------- Dollars The Contract Time will be by unchanged ( ) Days Not valid until signed by Owner. Signature of the Contractor and Architect indicates their agreement herewith, including any adjustment in the Contract Sum or Contract Time. CONTRACT TOTAL TO DATE Original contract amount $ 288,500 Extras approved to date $ -0- Credits approved to date $ -0- (Increase)(Decrease)this C.O. $ 2,063 New contract amount $ 290,563 Authorized: Fullerton Lumber Company BWBR Architects City of St. Anthony Contractor OWNER 123 Columbia Court North 400 Sibley Street 3301 Silver Lake Road Address Address Address Chaska, Minnesota 55318 St. P&ul .AMiA`Rbsot&r651O1 St Anthony, Minnesota 55418 BY 8 BY• DATE 1 DATE V DATE City. of S:t.- Anthony - Change Order #1 • Commission Number 86033.4 Page two ITEM 7 :Change door hardware at door. 102A per Modification- ADD* $ 236.00 2, Item' 1. ITEM 8 Change finish grades at new front entry per NO CHANGE IN COST Modification 2, Item 1. ITEM 9 Reroute 10' storm drain per Modilfication 3, - NO CHANGE IN COST Item 1. ITEM 10 Relocate G-1 roof unit per Modification ADD $ 115.00 3, Item 2. ITEM 1.1 Revise front walk at existing liquor store DEDUCT $ 167.00 per Modification 4, Item 1. ITEM 12 Provide insulation under cooler concrete slab ADD $1,311.00 per Modification 6, Item 1. ITEM 13 Relocate existing scupper to new location near ADD $ 518.00 grid K11 which is outside construction limits. Shown on Sheet 1. ITEM 14 Revise loading dock layout per -Modification 6. ADD $ 842.00 �. Railings deleted except for stair handrails. NET ADD $2,063°00 i ai th® Ula e DATE: A P P R OVA - 1 September 25, 1987 Ma or- and Councilmembers v FROM : Carol B. Johnson Finance Director ITEM = ELECTION JUDGES LIST FOR COUNCIL APPROVAL Precinct #1 - Hennepin County -- 2900 Kenzie Terrace N.E. Ethel Plasek 3112 Armour Terrace Chair Patricia Bridgeman 2900 W. Armour Terrace Mary Schwaab 2913 Stinson Boulevard Elaine Gorshe 2821 Stinson Boulevard Precinct #2 - Hennepin County -- 3301 Silver Lake Road N.E. .Alyce Kennedy 3212 Townview Avenue Chair Alice Beerman 3632 Coolidge Street Lorraine Schmidt 3256 Old Highway 8 Frances Meyers 2601 - 31st Avenue N.E. Precinct #3 - Hennepin County -- Wilshire Elementary School Mary Ann Thorsfeldt 3120 Silver Lake Road Chair Mary Inhofer 2501 Lowry Avenue Precinct #1 - Ramsey County -- Apache Plaza Marjorie Madden 3501 - 37th Avenue N.E. Chair Doris Hall 4020 Fordham Drive Caroline Zappa 2408 - 27th Avenue N.E. :cjk10.13.87 i 0 air ho illy. e 7DA7-EIE : ; AgPPROVAL : September 29 1987 �O Mayor and Councilmembers L FROM : Carol B. Johnson, Finance Director g'r EM = RATE' INCREASES ON SOME CITY SERVICES AND LICENSE FEES . I recommend, the_ fees.- for the following services and 1-icense be in- creased, effective November 1, 1987. * None of the increases involve an ordinance change. Also, the last rate increase was in 1984 and was done by Council action. Present New Fee as of Fee 3/15/88 Coin operated washers and dryers in None $8 per machine apartment buildings and condominiums up to $100 maximum per location New Fees as of 11/1/87 Sewer connection $ 20.00 $ 35.00 Water connection $105.00 $125.00 Special assessment searches $5.00 cash $ 8.00 cash $6.00 billed $10.00 billed Copies 20 cents per 25 cents per page page Police and Fire reports $ 3.50 $5.50 *The coin operated washers and dryers are licensed and would: not be due until March 15th each year. The 1987 Municipal Fee Survey, prepared by the Association of Metropolitan Municipalities, was used -to determine the above increases. That survey lists cities in catagories by population, and I determined the average to arrive at the increased fee rates for the Village. DATE: October 2, 1987 TO: City Council members FROM: Don Hickerson, Chief of Police SUBJECT:_ _ Proposed Reserve by-law—changes. I' would recommend the following changes in the St. . Anthony Police Reserve bylaws to facilitate the ,.recruitment of a.. larger more active Police Reserve force : Article II - 4 . The residency requirement has been changed from St. Anthony/New Brighton School District #282 to a resident of the Minneapolis/St. Paul metropolitan area. Article III - 7 . The maximum number of Reserve Officers allowed has been changed. from 10 to 12 officers . Article IV - 1. . & .2 - The equipment furnished by the City has been reduced., with the Reserve paying . for a 'number of items, while the City pays for replacements of shirts or blouses and trousers or slacks after one year of service by the Reserve. Article IV - 5h Sergeant has . been -changed to Captain. 5k Sergeant has been changed to Captain. • Article V - 9 . competent person has been changed to police supervisor.. ' r CITY OF ST. ANTHONY REVISED . POLICE RESERVE BYLAWS Article I - Purposes and Objectives : 1. To assist any police officer, firefighter, civil defense personnel or other duly authorized City employee, official or agent in the performance of emergency services. 2 . To assist with crowd control activities, and park patrol duties, under the supervision of a regular, sworn police officer. 3. To conduct and participate in the crime prevention activities of the St. -Anthony Police Department. These acitivities will include, but are not limited to: a. education in public safety and crime prevention techniques; b. encouraging enrollment and participation in Operation Identification and Neighborhood Crime Watch; C. Conduction of premise security checks of residential and, non- residen'tial buildings within the community; and • d. public presentations and information dissemination on topics as approved by the Chief of Police. 4 . To perform other lawful functions as directed by the Chief of Police or his assigned supervisor. 5 . The principal purpose of the Reserve Police is to assist the regular Police in their duties . They are not to be used in place of regular Police Officers , but may assist regular Police Officers ' assigned to details such as , but not limited to, sporting everts , parades , funerals , special events that require traffic direction and control , and other local details. Under no circumstances shall Reserve Officers be assigned to any detail that requires the services of a state licensed regular Police Officer, without the explicit permission of the Chief of Police. Article II - Membership: Applicants must meet the following requirements : 1. The minimum age is 21 years or older, not.-to exceed age 60 at application. No Reservists shall serve upon attaining the age of 70 . 2 . Good driving record - no alcohol-related offenses , and must possess a valid driver ' s license. • 3 . Good physical condition as attested to by a doctor' s certification of health, to be paid for by the applicant. -2- • 4 . A resident of the Minneapolis/St. Paul metropolitan area and U.S . citizens only. 5 . The City .shall avoid appointment of persons related to elected or appointed City officials. 6 . Must be a high school graduate or equivalent. 7. Must not have any felony or gross misdemeanor offense convic- tions, and must be willing to submit to a background investiga- tion. 8. Must possess , or obtain within six months , a valid Red Cross- First Aid Certificate or equivalent, as determined by the Chief of Police. 1. 9 . Pass such examinations as determined by the City Manager to determine fitness for the Reserve , to be paid for by the City of St. Anthony. 10 . Within one year after acceptance, complete either the Hennepin or Ramsey County Civil Defense Auxiliary Reserve Training pro- grams or a similar program designated by the City Manager. Until such a program is completed, members shall be considered trainees. Failure to complete the program within one year shall be grounds for dismissal. • 11. Members shall be on probation until an approved reserve training program has been completed. As trainee Reserve Officers, they are to be accompanied by either a Reserve Officer, a regular Police Officer, or be in training sessions at all times. Article III - Organization: 1. The Chief of Police shall be the commanding officer of the -St. Anthony Police Reserve. As officers , members of the Reserve act for and through the Chief of Police. 2 . The Chief of Police may appoint a Coordinator of the Reserves, who shall be responsible for the day-to-day operation- of the Reserve and shall serve for an indefinite period upon the dis- cretion of the Chief of Police, ' City of St. Anthony. 3. An election shall be held by the Reserves to elect one Sergeant, however, before appointment is confirmed and made final, approval must be passed on by the Chief of Police and the Reserve Coordinator. The Sergeant shall. serve for an indefinite period upon the discretion of the Chief of Police and the Reserve Coordinator. 4. Additonal supervising officers may be elected or appointed upon approval of the , Chief of Police. • 5 . Reserve Officers shall be under the work direction of the St. Anthony Police Department Police Officers at all times. -3- a 6 . The Reserve shall hold organizational and/or business meetings as are necessary. Policies and regulations governing administra- tive and ministerial duties of the Reserve may be promulgated by a majority vote of the Reserve , but are subject to the approval of the Chief of Police. 7 . The Reserve Unit is not to exceed twelve people. 8 . The City will not pay anj direct monetary compensation for duty as a Police Reserve Officer. Article IV - Training: 1. The City will provide and pay the cost of the following pieces . . of equipment for every Reserve Officer: a. ' black (or dark navy) uniform cap (summer style) , b. black (or dark navy) uniform cap (winter style) , C. black (or -dark navy) jackets (or parkas) with the St. Anthony Police Department patch on left sleeve and Reserve rocker over the patch, d. one St. Anthony Police Department Reserve cap badge and one jacket (.shirt) badge, e. one flashlight with holder and one pair of handcuffs with case, • f. Chemical spray in container with case . 2 . Reserve Officers must provide and pay the cost of the following pieces of equipment: a. light blue shirt (blouse) with Reserves bars on each collar and patches on sleeve, b. black (or dark navy) uniform trousers (slacks) , c. black leather shoes or uniform boots, d. black leather belt with key holder, baton and holder. (Leather must be basket weave style) , e. dark colored gloves, f . necktie (male/female style) . The City will provide replacement shirts or blouses and trousers ,or slacks, when necessary, provided the Reserve Officer has completed at least one year of service with the St. Anthony Police Reserve. 3. Reserve Officers are responsible for the care and condition of their • equipment, and are required to wear a suitable uniform when on duty. 4 . Upon resignation or termination, all issued equipment is to be turned in to the Chief of Police . -4- 5 . The wearing of firearms will not be authorized by the Chief of Police, and the use of firearms is only at the discretion of the Chief, his designated representative or the regular Police Officer in charge. 6 . The City may provide one vehicle to be clearly marked "St. Anthony Police Reserve" for use in patrolling parks , public relations/crime prevention activities, crowd control and other activities as designated by the Chief of Police. Vehicle use is subject to the following rules and regulations : a. The Reserve vehicle must be manned by two Reserve Officers , one of which must be non-probationary; b. The Reserve vehicle will not attempt traffic stops; C. in event of emergency calls , the Reserve vehicle will respond routinely , obeying all traffic laws , except when directed by the Officer on duty or a Police supervisor; d. The Reserve vehicle may perform house and business checks and patrol parks; e. any vehicle maintenance problems must be reported at the end of the shift, and the vehicle gassed and oil checked; f. the Reserve vehicle will report to the Police Officer on duty once each hour; g . the Reserve vehicle shall not respond to any felony-in-pro- gress call; h. the vehicle is to be checked in and out through a Captain or Police Officer of the St. Anthony Police Department. Arrange- ments are to be made at least four hours before scheduled duty for the use of the vehicle; i. no Reserve Officer is to retain keys to the Reserve vehicle without the permission of the Chief of Police, or to use it for non-authorized purposes ; j . the minimum patrol period for one Officer is two hours; the maximum is eight hours in a given day; and k. the vehicle is not to leave the City unless authorized by a' regular Police Officer or Captain in charge. Article V . - Conduct: Violations of the following nature shall subject Reserve Officers to disciplinary action under Article VII - Discipline : • 1 . Drinking an intoxicating beverage or using a non-prescribed mind- altering drug while on duty or up to four hlurs beforehand,. 2 . Immoral conduct while on duty. 3. Actions detrimental to the reputation of the Reserve Unit, Police • Department or the City. 4 . Violation of a criminal law. 5 . Insubordination to the rank or request of a commanding Reserve or regualr Police Officer, or to a City Official, when a.. super- visory officer is not present or when not under the work direc- tionof a supervisory officer. 6 . Disrespectful or profane language; or public criticisms of the Department. 1 7.- Misuse or abuse of position. 8. Sleeping or other eveidence of inefficient performance while on duty, such as loafing , recreational reading, conducting private_ business or gambling. 9. Release of information to the public, except as authorized by a police supervisor, of a confidential nature, including informants, witnesses , and investigation, reports. 10 . The soliciting or accepting of any gratuity. 11. Recommending any attorney or bail bond broker or acting as a bailor, except relatives. 12. Identifying themselves as Police_ Officers or Peace Officers in j any way. Article VI - Discipline: A person who is guilty of a conduct violation as contained in Article VI - Conduct, or non-performance as contained in Article IX - Perform- ance, . shall be subject to disciplinary action under this Article. 1. The Chief of Police may suspend, demote, or terminate any Reserve Officer guilty of a. conduct rules violation, after weighing the severity of the violation, the Officer' s past performance and the attitude of the Officer. Any action so taken shall be expressed . in writing. = � 2 . The Reserve Officer may appeal the action of the Chief of Police to the City Manager within ten days of the Chief' s written action. The City Manager shall express his/her action in writing. 3. Within ten days after receiving the City Manager's written response, an Officer may appeal the action to the City Council. 4 . The City Council shall issue a ruling on the violation and disciplinary action taken which shall be binding and final. Article VII - Use of Firearms: The carrying and use of firearms is expressly prohibited, except as, follows : -6- 1. Under conditions of great emergency, the Chief of Police, his designated representative .or the regular Officer in charge may dispense weapons to Reserve Officers who meet .the requirements of Article VIII , No. 2 . 2 . Reserve Officers shall hecome knowledgeable and proficient in the use of firearms and shall be certified in their use before they. are allowed to use them. They are never to be carried, except when expressly authorized, however. Article VIII - Performance: Officers shall be expected to function at least to a satisfactory level, and are responsible for performance in the following areas: 1. Assistance to regular Police Officers of the St. Anthony Police Department. 2 . Assistance to the St. Anthony Fire Department, especially in the performance of its Civil Defense responsibilities . 3. Crime prevention programs, including house and business checks, as directed by the Chief of Police. 4 . Crowd and traffic control duties . 5 . Park patrol, especially to aid in preventing vandalism to public • property, and to develop a spirit of rapport with park users . 6 . Testifying, as needed, in. criminal prosecutions . 7 . Assisting other cities, as needed. 8 . To remain a member in good standing of the Police Reserve, Officers must spend at least 150 hours per year. in Reserve- -related duties , including training and membership meetings. Officers are not to spend less than eight hours in any one month in Reserve-related duties . Violation of this rule shall be grounds for disciplinary action under Article VII - Discipline. Article IX - Ride-Along: Reserve Officers may ride with regular Police Officers , subject to . the following: 1 . A Ride-Along is strictly up to the discretion of the Chief of Police and the regular Officer involved. 2 . Reservists desiring to be a Ride-Along must register on provided forms. 3 . Reservists are to be under the direct control and direction of • the regular Officer in the car . 4. Reserve Officers are not to drive a regular St . Anthony Police Department squad car unless authorized by the Officer in charge. -7= 5 . Ride-Alongs are restricted to not less than two hours , nor more, than eight hours in any one day. Article X . - Rules , Regulations , Amendments and Dissolution: 1 . The Chief of Police may promulgate rules and regulations on the operation of the Reserve Unit within the context of these Bylaws . The Reserve Unit may appeal such rules and regulations to the City Manager and City Council if they deem them to be unreasonable , unfair or unenforceable by a majority vote of all Reserve members . 2 .. The Bylaws may be amended upon a -majority vote of the City Council. 3. The Reserve Unit may be disbanded -by a majority vote of the City Council. I , do hereby certify that I have read the Bylaws of the St. Anthony Police Reserve and agree to support them, City Ordinances, and the Constitution of the United States. • Signature Date ATTEST: City Clerk DATE : October .8, '1987 • TO: CITY, COUNCII24EP4BERS FROP-I: Don Hickerson, Chief of Police SUBJECT: Animal Control Options There are two options available for animal control that are . feasible. A comparison of costs is attached. I have reviewed the "pickup slips" for the first eight months of this- year, from Lake Animal Control, and computed the costs we would have experienced with each option for this eight months period. They would be : Lake Animal Control Animal Control & New Brighton City/ (Actual Costs) Management Inc. Animal Clinic $830 . 70 $1458. includes $1020 . 52 hrs of patrol @ $8 . 42 per hr. Animal Control and Management Inc . gave two separate options based on the amount of patrol time . The above figure is for the lesser patrol option. We have not contracted for random patrol :for �some ' time. All • animal at large and dog barking calls have been handled by the police . The difference between the two options is greater with less calls for service and less with more calls . I recommend that we contract with New Brighton City/Clinic for animal control if the New Brighton City Council approves the arrangements at their meeting on October 13 , 1987. The New Brighton Animal Clinic presently serves the following communities with a contract similar to the one proposed for us : New Brighton Roseville Moundsview Lauderdale Arden Hills Falcon Heights (Presently considering ) It should be noted that Animal Control & '*Management Inca contracts with a rendering plant for animal disposal while New Brighton Animal Clinic disposes of animals by cremation. • ANIMAL CCNTROL CCNPARISC NS AnimaWntrol & Management Inc. � New Brighton Animal Control - New Brighton Al Clinic Monthly Maint. Fee $166. - $462. $30. (Clinic) Per hr. Patrol Chg..' Incl. 6.5 - 34.6 per„mo. . $17.75 (1987) $18.50 (1988) (N.B.) Pickup chg. (Reg. Hrs.) Incl. $17.75 (1987). $18.50 (1988) (N.B.) (After Hrs.) .$20. $35.50 (1987) $37.00 (1988) Boarding Fee (Unclaimed) . .$10. . flat fee $5. per day dogs (Clinic) $4. per day cats Fee for Medical Attention . .$25. , flat .fee . 50% of actual cost (Clinic) Charge for dead' animal disposal Incl. (As long as rendering, .facility open) $11. (Cremated). ' (Clinic) Euthanasia Chg. Incl. 0 - 39lbs. $14. (Clinic) 40 & over $17. Boarding fee chged to pet owner (Claimed) $6. per day $5. per day dogs (Clinic) $4. per day cats Boarding fee on animals quarantined by city $6. per day $5. per day dogs (Clinic) $4. per day cats C0ST COMPARISCN FOR 8 MCNTHS OF 1987 LAKE ANIMAL CONTROL ANIMAL CCNTROL & IW AMENT INC. NEW BRICHIIC I $830.70 $1458. Includes 52 hrs patrol $1020. j r pni ma I & ntrol and Zia nagement,.0nc. 10911 Radissorr Road N.'E. NO\ Blai ne MN 55434 , ��-. r 786-7323 �.�`` �4P ongrable M or • em ers of ��uncil : We would like to introduce Animal Control and Management , Inca Our major duty is to provide animal control sevices to cities and townships -and to work with the public on responsible pet ownership and care . Our staff is professionally trained to handle animals an.d work with the public . They will continue to have training •and participate in seminars and workshops . Sharon -Sagan is our he,adi! Supervisor/Manager . Ms . Saga.n has past experience as an animal warden , kennel attendant , assistant zoo keeper , and horse trainer . She is also active in the Minn- esota Animal Control Association as secretary .. Mac Juell has been hired to train our personnel . Mr Juell is currently' working for the City of Bloomington and has done ! so for over 15 y ears . He is also Vice-President and originator of . MACA and is very personable and takes pride in his work . • Our services to you will consist ' of pick-up and patrol services for all types of animals of dead animals) , giving free seminars to the schools and limited organizations , providing animals care and management seminars which will be open to the public for a nominal fee , and private counseling for animal feeding and management . At this time , we would like t6 offer our services to your community for the monthly flat rate of 1 462 Please. . refer to the attached contract for further details and information . -- Thank you for your time and consideration . Sincerely , Howard A . Anderson President t ;i }i i ,. ANIMAL CONTROL SERVICE CONTRACT THIS AGREEMENT, made and entered into this 1st day of October , 1987 , be and between Animal Control and Management , Inc . , a Minnesota . •orporation hereinafter referred to as ACM, and the CITYCity of St Anthony a municipal corporation ,Rmsy ,Hen6ounty , Minnesota , hereinafter referred to as . "CITY" . WITNESSETH : That ACM, in consideration of the coventants and agreements of CITY hereinafter contained , hereby coventants with CITY that ACM will provide Animal Control Service to CITY pursuant to the following provisions : 1 . That ACM shall provide pick up service of animals in CITY in a vehicle - appropriate for the transportation of small animals . On-call pick up : service shall be provided Monday through Friday , ,7 :00 a .m , to 7 :00 p .m. Hours. will fluxuate for pick up services on Saturday' s , Sunday ' s •and , � holiday ' s . Emergency service only on New Year ' s Day , Easter Sunday , Thanksgiving Day and Christmas Day . Standby emerg- ency service - shall provided at no extra charge per request of CITY ' s law enforcement agency and/or previously specified official of CITY . After 10 :00 p .m. there will be a $20 charge per pick up . Includes 8 hours per week of patrol . 2 ., That ACM shall provide limited patrol for the public and private streets of CITY during regular patrol hours for the pick up of animals found to be in violation of CITY ' s ordinances . 3 . ACM agrees that patrolling shall be done by competent • personnel trained in the handling of animals . ACM shall not forcibly take an animal from any person unless that person ' s animal is in violation of CITY ordinance and ACM may request assistance of a regular officer of the CITY at . their discretion . 4 . That ACM shall equip , service and maintain all vehicles used 'for Animal Control Service with two-way ra'dios or. other communication equipment . 5 . Pursuant to Minnesota Statues , ACM shall impound all animals picked up in CITY at its Animal Shelter located at 1283 Hammond Road , Town of White Bear (Township) , Minnesota . Said animals shall be . confined in a humane manner for a period of not less than five (5) business days or until claimed by an owner . Animals not claimed before the expiration of five (5) business days shall become the property. of ACM . If an animal is not so claimed , ACM may dispose of said animal in a humane manner , pursuant to Minnesota Statue . 6 . When an animal is reclaimed by an owner , ACM shall retain the first impoundment fee as per local ordinance , or $25 , whichever is greater . On second and consecutive impoundments , ACM shall retain a fee equal to the first and credit the remainder to the CITY . ACM shall retain all kennel fees charged to the owner . • � ~ ; 7 . That ACM shall provide euthanasia service to CITY at no additional charge . Said service shall be administered by qualified personnel and the disposal of animal carcasses shall be performed as required' by Minnesota Statute • Section '35 . , at' no additional charge as long as current rendering facility is operational . A charge for disposal ' would- be open to negotiation at , t•hat time . 8 . That: .-.CM shall assume all liability for all harm to persons , animals and .property due to its negligence or the negligence of thi's contract , and agrees to defend the performance of this contract ', and agrees to ; defend any legal actions arising therefrom . . ACM shall hold CITY harmless and provide CITY with proof of public liability coverage , ' in the amount of $200 , 000 per each claimed and $600 , 000 for each occurrence , . covering the performance of this contract . Further , ACM will furnish the 'CITY a certificate of insurance evidencing statutory ' j Worker ' s Compensation .coverage for all ACM employees . 9 . That during the duration of this contract ACM shall not , within the State of -Minnesota , discriminate against any employee or applicant for employment because of race, color , creed , natinal 'origin , or ancestry and shall include a similar provision in all subcontracts entered into for the performance hereof , this paragraph being. to comply with the provisions of Minnesota StaLuLe ' Sect'ion 181 . 10 . That ACM shall keep accurate and detailed records of ' the impounding and disposition of all animals picked up in CITY and furnish monthly reports to CITY ' as to the services. performed during the month . That ACM shall provide • uniformed Animal Control Officers and marked vehicles . AND CITY , in consideration of said 'coventants and agreements of ACM hereinbefore contained , hereby coventants with ACM that CITY will obtain Animal Control Service from ACM pursuant to ' the following provisions : 11 . This Agreement shall cover the period from October 1 , 1987 to December 31 , 1987 and for one year thereafter com- mencing January 1 , 1988 and ending December 31., 1988. This agreement shall be automatically renewable from year' to year on the last business day of December unless either party gives notice 90 days prior to the expiration date that it intends not to renew the Agreement . On or before , July 15.th ACM will submit new proposals to CITY for consid- eration . . 12 . That CITY shall pay to ACM the sum of $ 462 per month for Animal Control Service for the period from October 1 , 1987 through December 31 , 1988. 13 . That all boarding fees for claimed animals shall be retained by ACM . CITY shall pay a boarding fee in the amount of $10 . 00 for each unclaimed animal . i 1.4 . That CITY shall pay a boarding fee in the amount of $6 . 00.' per day for all unclaimed domestic animals quar antined aL kennel by order of Lhe CITY or local police agency unless paid by owner . 15 . That CITY shall pay a fixed v;et.erinary bill•. in the amount' of $25 . 00 per animal for unclaimed animals requiring medical attention . Owners claiming their animals shall ; be charged the veterinary bill in its entirety . 16 . The charge for animals picked up at the request of an owner shall be charged to such owner at the rate of, $35 . 00 per animal. FQr removal of large livestock , dead or alive , an .additional' `charge of $25 . 00 per hour will be levied *to CITY or owner . (i . e . cattle , horses . ), 17 . That: CITY shall make payment' to ACM on the 1st day of each month prior to service . All other fe.e.s and chtr g es - will be billed to CITY at the end of each month . 18 . That CITY shall appoint the Animal Control Officers of ACM as CITY Animal Control Officers with powers to enforce , CITY animal ordinances . 19 . In the event ACM picks up any unlicensed animals which are kept in the CITY , ACM .shall see that arrangements are made to license said animals before being released to the owner , or an agent of the owner . ACM will es- tablish a program with local veterinarians . Shot and license will be purchased from ACM upon animals release . License shall be mailed out upon receipt of vaccination • certificate by veterinarian. Fees will be forwarded accordingly . That CITY delegates this authority to ACM and authorizes the, City Administrator to take any steps and do all things necessary or incidental to the im- plementation of this provision . This provision may - be an option to the above named CITY . THIS CONTRACT shall be in full force and effect from the 1st day of October , 1987 to the 31st day of December , 1.988, unless earlier cancelled by either par.ty' upon ninety (90) days written notice to the other party of the cancellation thereof . IT IS MUTUALLY AGREED , by .and between the parties hereto , that all the• coventants and agreements herein contained shall extend to . and be obligatory upon the successors and - assigns of the respective parties . IN TESTIMONY WHEREOF, the parties have caused this contract to . be signed in their behalf by the proper officers thereunto duly authorized and their corporate seals to be hereto affixed!, the day and year first above written . ANIMAL CONTROL & MANAGEMENT , INC. A Minnesota corporation Howar erson President • RIGHTON ', 2615,MISSISSIPPI ST. ET E R I N ARY . NEW BRIGHTON, MN 55112 (612) 636-1063 i; OSPITAL September 21, 1987 To the City 06. To standardize att c.c t.ies and to avoid eompta.i.nte 64om animat owners picking up thews pets, I am making the 6ottowing 6uggesti..ons, to be eo ns.id er ed:• 1 . That the Br ighton-i Vetelc.enary Hosp.c tat (BVH) cotteet a'tt bees, and then either send the payments to City Hatt on have the AiUmat Contn:ot 066i-cer (or other city repre6entative) pick .them up, 2 That BVH be. empowered to i,64ue LLc.ensea bon: att cities. • The BVH would receive $2.00 PeA ticen,6e izzued. Thi-6 1 ptica would- be covered by either inen:easing the tic ense bees by $2.00 .o.% anerea-Ung the 6ee by .$2.00. ont y to those .i.ndi.v.i.d- uats purchasing the acenae .through the BVH. : 16.the .utter approach Zz taken, the owner 'would have the option o6 either paying the increased 6ee ($2.;00) at the 'BVH on going to the nespeeti.ve city haft to pay the .rower 6ee. The second stem has 'to do with an .cncreaze pen day .in boand.ing changes 60r animat6. The BVH at present change .less than one-hat6 the,board- .i.ng change bon cats and target dogs az compared to our standard c.ei.ent ' boand.i.ng. charges. It hay been years zi:nce the city pr.icu have been increased and we do not 6ee.i we can meet out expenses,-at the present. daily 6ee ($3.00 bon cats and $4.'00 bon dogs) . A pen. day increase w.itt be .inhti toted beginning November 1, 1987 which wilt be $4.00 6or cats and $5.0.0 6or dogs. One 6,Lnat :item conce%vn>the adoption service avaitabe. . We suggest att c.c t.iu to .inctude in their newstetters, a paragraph encouraging adopt-tons. Thus would accomptizh two things. Fit,5t, the c tZes are not charged euthariaz i,a and cremation bees when an an:-mat i,3: adopted. Second, the an.imat6 .e,i.6e .is spared and a good pet iA obtained at a neasonabte. cost. ,f i -2- i I Out adop.tZon pot.i.cy iz ae 6o.2Qowe 16 no owner i.6 hound_within 5 bu,6ine6'e days, the,an.ima.E? Z6 avaitabte the 6ottow.ing day '6o,% adoption. i Fot the adoption 4ee, doge ate g.Lven vacs inati,one, and checked Got hea4 twotm and .c ,te-6tZnat pataz tee. Atzo! .teeth and eate are cleaned, a phy.6j-cat exam, bath and nait '.tA im are gZven.. ' The6ee. i-6 $44.00. -Cate tecava att o4 the above except heattwotm and nail tt:im, eo the coat Got a cat iz $24.00 16 no adoptZon .Zz made the an.imat is euthanZzed and the city paye a2,Z. the chargee ae u.6uat. Pteaee contact the B4,Lghton Veten.i.naty- Hoep.i tat concerning the -emptementat-i,on o6 there .c teme. IS '.there ate. quuti..ons or di,6cuszi'one cat me at 636-7063. . S.incetety, Keith D. Hedgee, DVM ! i ANIMAL POUND CONTRACT i An Agreement made .by and between the! City of 51. A�% a r municipal corporation, . hereinafter called the City, and Dr. Keith Hedges doing business as the Brighton Veterinary Clinic, 2615 Mississippi Street, New Brighton, Minnesota, hereinafter referred. to_ as the Poundkeeper, for and 'in' consideration of the covenants and agreements herein contained, the parties agree as follows: 1 . That the Poundkeeper warrants that it has good and sufficient facilities for the impounding, ' keeping and care of dogs and cats which may be brought to. it by the City. 2 . That the Poundkeeper will receive, keep, board and care for, all animals entrusted to them by the City. 3 . That the Poundkeeper will receive and properly dispose' of' all dead animals delivered by, the City for a cost of lg//-() per animal. • 4 . The Poundkeeper shall train the City animal wardens in the safe and humane handling and apprehension of animals . a 5 . The Poundkeeper shall in all cases, except where deemed inappropriate by the Poundkeeper, administer distemper vaccine to all animals impounded and shall attend to the medical needs of all animals. The City shall pay to the Poundkeeper fifty percent (50%) of the costs incurred by reason of this paragraph. 6.. If any animal shall not be reclaimed by the owner within five (5) regular business days , as defined in MSA 35 .71 , the City shall have no. right or interest in such animal and the Poundkeeper may dispose of such animal in a proper and humane manner or in: accordance with the provisions of MSA 35 .71 , Sub. 3 . Animals which may have been impounded for the required five business days ' period may be sold to persons other thanthe owner upon payment of all fees due to the City. 7. The City shall pay to the Poundkeeper the sum of $S,CO per day for each dog boarded and 4V,00 r,Cr day for each cat boarded, but not to exceed seven days. The City shall pay the Poundkeeper - .:.. for each animal destroyed in a proper and humane manner. The City will not pay th 'Poundkeeper any impounding fees. i�vO yvf uP t�s 7' 8 . The collection of all fees shall be the sole responsibility 'Of the City. Said fees shall be collected by the City during its normal business hours., 9 . The Poundkeeper shall not release any impounded animal until proper proof has been shown that the necessary fees ` have been paid to the City. For any unlicensed dog brought into .the custody of the Poundkeeper, such dog shall not be released until a license, for 'the animal has' been obtained • by the owner. Nor shall any dog be released until proof 9 of a current rabies shot is shown or until vaccine for rabies -,t has been administered to the animal. 10 . In addition to the per day boarding fee , and fees paid to destroy animals, the City shall pay to the Poundkeeper the sum of per month as administrative fees and expenses by the Pou dkeeper. - � 0-oc'? 11. The Poundkeeper shall keep the pound open during the normal business hours of City Hall . 12 . The Poundkeeper shall at all times keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and shall furnish monthly statements to the City. 13 . The Pound shall be open at all reasonable times for inspection by the City through its agents or. employees. c 14 . The Poundkeeper shall be responsible for all damages, harm or illness suffered -by the animals under its care and' in its custody which may be due .to the negligence of the Poundkeeper. Said Poundkeeper shall save the City harmless from any damages, costs , actions or causes or action, or claims made against the City . for any harm, losses, damages or expenses on account of. bodi.ly injury, sickness, disease, . improper disposition, death and property damage resulting from the Poundkeeper's operation. To accomplish this, the Poundkeeper shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350 ,000 to K6* safeguard and indemnify the City for any of the occurrences aforementioned. Such insurance policy must be filed with the City Clerk . 15. This agreement shall take effect on and after . - and shall continue in. effect until _ and from year to year thereafter subject to termination by either party upon- giving sixty (60). days written notice of its intent k to terminate this agreement. I , I ' ANIMAL CONTROL SERVICE CONTRACT • THIS AGREEMENT , made and entered into this day of October, 1987 , by and between the City of New Brighton, a . municipal corporation, hereinafter referred to as New Brighton, and' the City of St. Anthony , a municipal corporation, herein- after referred to as St. Anthony. WITNESSETH: That New Brighton, in consideration of the covenants. and agreements of St. Anthony hereinafter contained hereby covenants with St. Anthony that New Brighton will provide animal control services to St. Anthony pursuant to the following provisions : 1. That New Brighton shall provide pick up services of dogs and cats in St. Anthony in a vehicle appropriate for the transportation of small animals . On-call pick up service shall be provided during those hours the New Brighton Community Service Officer is on duty at the rate described hereinafter. Call-out services requested while the New Brighton Community Service Officer is off-duty shall be at the rates described hereinafter. 2 . On-duty calls in 1987 shall be charged at $17 . 75 per • hour in quarter hour increments. Call-out service calls in 1987 shall be charged at $17 . 75 per hour in quarter hour increments with a two (2) hour minimum. St. Anthony shall pay- New Brighton for any pharma ceuticals used in capture or control of any animals ., 3 . Patrol service shall be upon specific request of St. Anthony' s police service provider only, and shall be billed as above. 4 . New Brighton agrees that pick up service shall be done by competent personnel. New Brighton shall not forcibly take an animal from any person unless that person ' s animal is in violation of a St. Anthony ordinance and New Brighton may request assistance of a regular officer of St. Anthony ' s police service provider .at New- Brighton' s discretion. 5 . That New Brighton shall equip, service, and maintain all vehicles used by them for animal control with communication devices . 6 . That all animals picked up by New Brighton shall be impounded at St. Anthony ' s designated pound, Brighton Veterinary Clinic. • 7. That New Brighton has no responsibility or liability for any animal once it is delivered to the pound. . 8. ' That New Brighton shall keep accurate and detailed records of all cats and dogs picked up and furnish a monthly report to St. Anthony. . AND St. Anthony, in consideration of said covenants and agreements of New Brighton hereinbefore contained, hereby covenants with New Brighton that St. Anthony will obtain animal control services from New Brighton pursuant to the following provisions : 9 . This agreement shall .cover the period from October 1987 to December 31, 1987. . 10 . That St. Anthony shall appoint the Community Service Officer of New Brighton as St. Anthony' s animal control officer with powers to enforce St. Anthony's animal ordinances . 11. That: St. Anthony will provide/obtain animal control services when New Brighton is unable to do so as a result of the absence of it' s CSO or when the service is beyond the scope of dog or cat pick up, and shall do so without liability to New Brighton. • THIS CONTRACT shall be in full force and effect from the day of October., 1987, to the 31st day of December, 1987, unless earlier cancelled by either party upon thirty (:301 days written notice to the other party of the cancellation thereof . IT IS MUTUALLY AGREED, by and between the parties hereto, that all the covenants and agreements herein contained shall extend to and be obligatory upon the successors and assigns of the respective parties . IN TESTIMONY WHEREOF, the parties have caused this contract to be signed in their behalf by the proper officers thereunto duly authorized and their corporate seals to be hereto affixed, .the day and year first above written. FOR THE CITY OF ST. ANTHONY : FOR THE CITY OF NEW BRIGHTON : Dated: October 1987 Dated: October 1987 • �r ANIMAL CONTROL SERVICE CONTRACT THIS AGREEMENT, made and entered into this day of October, 1987 , by and between the City of New Brighton, a municipal corporation, hereinafter referred to as New Brighton, and the City of St. Anthony, a municipal corporation, herein- after referred to as St. Anthony. WITNESSETH : That New Brighton, in consideration of the covenants and agreements of St. Anthony hereinafter ,contained -hereby covenants with St. An that New Brighton will provide animal control services .to St. Anthony pursuant to the following provisions : 1. That New Brighton shall provide pick up services of dogs and cats in St. Anthony in a vehicle appropriate for -the -transportation of small animals . On-call pick up service shall be provided, during those hours the New Brighton Community Service ' Officer is on duty' at. the rate described hereinafter. Call-out services requested while the New Brighton Community Service Officer is"".: .. off-duty shall be at the rates described hereinafter ,, 2 . On-duty calls in 1987 shall be charged at $17 . 75 per' hour in quarter hour increments. Call-out service • calls in 1987 -shall be .charged at $17 . 75 per hour in quarter hour increments with a two (2) hour minimum. St. Anthony shall pay New Brighton for any pharma- ceuticals used in capture or .control of any animals . 3. Patrol service shall be upon specific request of St. Anthony' s police service provider only, and 'sh`11`` ; be billed as above. 4 . New Brighton agrees that pickup service shall be done by competent personnel. New Brighton shall not forcibly take an animal from any person unless that person ' s animal is in violation of a St. Anthony ordinance and New Brighton may request assistance of a regular officer of St. Anthony ' s police service provider at New Brighton's discretion. 5 . That New Brighton shall equip, service , and maintain all vehicles used by them for animal control with communication devices. 6 . That all animals picked up by New Brighton shall be impounded at St. Anthony' s designated pound, Brighton Veterinary Clinic. • 7. That New Brighton has no responsibility or liability for any animal once it is delivered to the pound. 8 . - That New Brighton shall keep accurate and detailed records of all cats and dogs picked up and furnish a monthly report to St. Anthony. AND St. Anthony, in consideration of said covenants and agreements of New Brighton hereinbefore contained, hereby covenants with New Brighton that St. Anthony will obtain animal control services from New Brighton pursuant to the foll&1-Ting provisions : 9 . This agreement shall cover the period from October- . 1987, to December 31 , 1987. 10 . That St. Anthony shall appoint the Community Service Officer of New Brighton as St. Anthony ' s animal control officer with powers to enforce St. Anthony's animal ordinances. 11. That St. Anthony will provide/obtain animal control services when New Brighton is unable to do so„ as a %< result of the absence of it' s CSO or when the . service is beyond the scope of dog or cat pick up , and shall do so without liability to New Brighton. THIS CONTRACT shall be in full force .and effect from the day of October, . 1987, to the 31st day of. December, 1987, unless earlier cancelled by either party upon thirty (:30) days written Y notice to the other party of the cancellation thereof . =` IT . IS MUTUALLY AGREED, by and between the parties hereto, that all the covenants and agreements herein contained shal'1: extend to and be obligatory upon the successors and assigns of 'the respective parties . IN TESTIMONY WHEREOF , the parties have caused this contract to be signed in their behalf by the proper officers thereunto duly authorized and their corporate seals to be hereto affixed, the day and year first above written. FOR THE CITY OF ST. ANTHONY: FOR THE CITY OF NEW BRIGHTON : Dated: October 1987 Dated: October 1987 • ain o 1A APPP.OV L = .. - . October -7 1987 FROM _ - Larry Hamer, Puhl i c Wn T EM = FEASIBILITY STUDIES FOR STORM,-AND SANITARY SEWER SYSTEM STORM WATER DRAINAGE _-- DISTRICT 6' Two proposals have been received to do -a feasibility-cost study to improve the drainage system and reduce flooding in Drainage. District 6 . 1. Proposal from Rieke Carroll Muller Associates Inc. at a cost of $11 ,200. 00 . 2 . Proposal from Short-Elliott-Hendrickson, Inc. at a cost not to.- exceed $11 , 500 . 00. There are several methods in which to finance such a project: a. Direct assessment. This would, however, be the third assessment leveled on District 6 for storm water correc- tion (and the problem has not yet been corrected) . b. Charge a "users fee" for the storm sewer. Several other cities have used this method to accumulate enough money to repair and update their sewer systems. I have attached ordinances from the Cities of Roseville, Falcon Heights , and Fridley. -All three cities are using the "user fee" system. Recommendation I recommend acceptance of the proposal from Rieke Carroll Muller to do the feasibility study at a cost not to exceed $11 , 200 . 00,. I do not feel we 'need a contour -map of the area. involved because past studies and plans are available for the engineers to use. SPILLWAY HOLDING POND, r The ,attached is a feasibility and cost study for the spillway at Highcrest and approximately 39th Avenue N.E. • -2- The City retained Short-Elliott-Hendrickson to investigate the extent of damage done to the spillway following the July 1987 storm. The report, attached, appears to indicate that the spillway, which was engineered and developed by Comstock & Davis in the 1960 ' s, was not constructed nor designed properly and its collapse was in- evitable. Short-Elliott-Hendrickson has suggested three ways to correct the problem: 1. to totally reconstruct the unit for approximately $36 ,000 ; 2 . to temporarily repair the unit for about $14 ,000; or 3 . to stabilize the washouts with a sizeable amount of rock to hold the washing out until the unit can be financed. This work would be done by the Public Works Department - the only cost would be for materials. Recommendation I recommend a portion of the storm sewer users fee be used to - temporarily stabilize the spillway and develop plans and specifica- tions for the reconstruction of the 'structure. I believe the structure can be secured for another year which would give the City time to finance total reconstruction. SANITARY SEWER FEASIBILITY STUDY Two quotations have been received for a relief sanitary sewer feasibility study (attached) . 1. Rieke Carroll Muller quoted a cost not to exceed $6 ,700 . 00. They would study the hydrology of the sanitary sewers and devise a method to assist in backing up the main lines. Rieke Carroll Muller has also proposed to assess in a preliminary way the impact of foundation drain removal. The cost for this assessment would not exceed $2 ,000 . 2 . Short-Elliott-Hendrickson submitted a quote not to exceed $8 , 000 . 00 to study the hydrology of the sanitary sewer and devise a method to assist in backing up the main lines. The manhole covers have been -ordered and -will be in place in the spring of 1988 . This will help to correct some of the back up • problems. �t -3- Recommendation I recommend the feasibility and cost study be awarded to Rieke Carroll Muller at a cost not to exceed $6,700 . I also recommend the possibility of removing the drain tile systems from the sanitary sewers be considered, as they proposed. This would also cut the treatment cost of the storm water. LH:cjk PROPOSAL 1 I AND STATEMENT OF QUALIFICATIONS FOR 131B TRICT NO . Ei ' DRAINAGE STUDY.- ' VILLIAGE OF STo ANTHONY0 - MINNESOTA AUGUST 24, 1987 ENGINEERS©ARCHITECTS IB PLANNERS �.,ZS.,...,.a......-....�.....-.---,,...-e .:s�aG3.v..:�.Ws�-��_'L".Tlatcv-�r__sa� —•om�.^Rrxs'cY.a��..•^s�L^u'90ratt2t�GL�-ak"+'G'�8ffi'w • S.�-iORi ELLrOT1 HENDRICKSON INC SCOPE OF" "SERVICES ' The Village of St. Anthony has an extensive . network of ..storm . sewer facilities to provide relief from surface water runoff. We have been advised ..-the system identified as District No. 6 does not provide this service. Inadequacies in this system have resulted in localized and frequent flooding of many roadways and private properties.. The system' s inability to provide this basic service may be attributed to flow restrictions and under capacity The Village desires to undertake an engineering study to determine the extent of the system' s inadequacies and the most economical solutions. The study will result in engineering recommendations that address storm sewer Subdistrict No. 6 capacity deficiencies and • _1 solutions. The scope of the. study will consist of the following tasks: Preliminary Tasks 1 ., Gather all available as-built drawings, contour maps and reports on file with Village, County and State agencies. 2. Meet with Village staff to determine problem areas and functioning of the existing system. 3. Contact Mn/DOT for determination on increasing . discharge rates and possible State cooperation in resolving capacity restrictions. 4. Conduct limited field surveys to obtain missing information. J on as-builts ( if necessary) . Prepare Hydraulic Model (Existing Conditions,) 1 . Determine limits of subdistricts for each storm sewer segment through field verification. • • 2 . Determ' . ine subdistrict drainage. . areas, travel times and runoff coefficients. , . 3. . Perform hydrologic/hydraulic review of existing system to determine deficient segments. Prepare Hydraulic Model (Proposed Conditions) 1 . Review deficient segments and determine feasibility. of detention ponding versus pipe reconstruction. (( 2. Prepare hydraulic model using 'proposed system improvements. 3. Make alterations to system concepts and rerun model until solutions are identified. 1 4. Review alternate solutions with Village staff. Prepare Report 1 . Prepare cost estimates for recommended improvements. 2. Prepare order of priority of improvements. 3. Write draft copy of report for Village review. 4. Revise report as necessary and prepare final report. ; P P 5. Report to include map of existing system and recommended improvements. 6. Furnish Village with mylar map, drawings, and computer printouts. i ' 1 The analytical portion of the study will be performed with the aid of computer software. "CE STORM" will be used to analyze existing pipe hydraulics. Detention pond design will be accomplished with the SCS-TR20 storm water routing program. i i I - .._.. . - PROJECT ERPERIENCE • SEH has provided water resource ce management to communities and ' counties both in the metropolitan area. and outstate. During I community development, storm water management and detention basin design were practiced, at SEH long before they became standard design procedure. SEH engineers have prepared comprehensive I - storm water management plans, detailed storm drainage studies and j complete plans and specifications,,. for .construction. . SEH also provides resident inspection during construction. ' SEH has worked in conjunction with the various approving agencies . such as 1 Mn/DOT, Ramsey and Hennepin County, the Department of Natural Resources,- the Corps of Engineers, U.S. Fish & Wildlife Service, Minnesota PCA, and numerous watershed districts and watershed organizations. f The following is a partial list of . surface water management projects. • Roseville, Minnesota i SEH is currently updating Roseville' s Surface Water Management Plan. Working with the Grass Lake W.M.O. , the Rice Creek Watershed District, and the Central Ramsey W.M.O. , we will be providing the City with a "user' s manual" for surface water management, outlining specific practices to be used for ditches, ponds, wetlands and lakes. Each water body will be classified based on use and function to manage the entire city system. The 1 study will also include water quality and sediment__and-erosion --- -- control analysis. Our study includes the use of the SCS TR-20 program to model . existing conditions and calibrating the model based on available historical data. Future land use is then input so that potential problem areas can be identified. The program will establish the 100 year critical water surface elevations, the 100 year peak • discharge rates and analyze the necessary storage requirement to y minimize flooding: The study- includes a_ 'computer:: backwater analysis of- large .trunk. storm sewers acting as pond outlets in order . to identify - excess or deficient capacity and surcharging problems. The TR-20 analysis includes both ditch and pipe routing, 100 .lakes, ponds and wetlands, numerous outlet structures and s-torm water pumping stations. f The final report, complete with recommendations, a five=year ICapitol Improvements Program and the TR-20 data will allow the City to input changing watershed conditions and monitor the water resources as development progresses. i Oakdale, Minnesota SEH is working with both the Valley Branch and the Ramsey- Washington Metro Watershed Districts to satisfy the 509 Surface Water Management requirements. In addition, we are using the TR- 20 program to analyze existing and' fully developed conditions of • the City to make recommendations for regional detention areas, storm water conveyance system improvements (ditch and trunk storm sewer) and to set 100 year flood elevations, peak discharge rates and required storage volumes. The report will -also address water quality and erosion and sedimentation control. Plymouth, Minnesota In conjunction with ;the two-mile reconstruction of Dunkirk Lane, a 1, 650 acre urban watershed was analyzed using TR-20 modeling for storm routing. A two mile long ditch .system, winding through numerous roadway culverts, detention basins and trunk storm sewer was analyzed using the HEC-2 program to predict the water surface profiles. The program results were used to design a. .new ditch alignment, cross section and a non-erosive channel lining. r Wausau, Wisconsin SEH provided the,- City with hydrologic analysis of rural and urban ` • watersheds totaling 15 square miles. Each watershed had the majority of its area outside the . city limits, and drained through the City.'.s -conveyance systems to the- Wisconsin- River. Using- the SCS TR-20 -program; .existing and - future watershed conditions were analyzed. , , 'The HOBCW program was used to analyze dipcharge of certain reaches and the CE STORM program was used to check available capacities of trunk storm . sewers. The report recommended the preservation and construction of- detention areas I� outside the city limits - to reduce flooding and costs for conveying the _peak flows through the City. In addition, the report outlines the need for the - area to ' form a Watershed Management Organization and the methods to do so. i Brooklyn Park, Minnesota j- SEH used the SCS TR-20 computer model for the hydrologic analysis of a rural and urban watershed of about two square miles. The analysis,- in conjunction. with the reconstruction of 85th Avenue, resulted in the recommendation for and construction of a large box culvert and related ditch improvement to handle -future storm • water -f loos. Anoka County, Minnesota An 850 acre urban watershed was analyzed using TR-20 to recommend detention basin improvements and outlet control structures i' necessary to- reduce local flooding problems. The study was necessitated by the construction of CR 116. I - Miscellaneous Projects These projects include the design and review of residential and i commercia2 site plans_ Projects_ included--multi basin—routing- using the TR-20 computer model, design . of outlet rate control structures, erosion control measures,. sediment removal areas and wildlife habitat preservation and enhancement. j l Other surface water management projects include: l Arden Hills, Minnesota • SEH prepared comprehensive drainage plans on a segmental basis resulting in the evolvement . of a near complete community-wide storm drainage plan. I • Anoka, Minnesota Ii SEH. .has, .been. involved in dr-ainage. : facility design in. .the City :of . Anoka since 1960. The facilities . -design have' been diverse in nature'. Drainage areas have included high density commercial and 1 residential areas. Bayport, Minnesota A comprehensive plan was prepared for.. the entire- city which included watershed boundaries, inventory of existing structures and proposed storm water management plan. East Mississippi Water Management Organization SEH has prepared a Watershed Management Plan for the East Mississippi Water Management Organization covering the Newport, St. Paul Park and Grey Cloud Island area. Newport, Minnesota In 1975, a Comprehensive Storm Drainage Plan was prepared for Newport. This plan provided a comprehensive drainage plan for future development. North St. Paul, Minnesota Since 1950, SEH has developed all of the - City' s drainage facilities.' i Shoreview, Minnesota SEH has prepared storm water drainage plans on a segmental basis for a number of sub-watershed areas. Stillwater, Minnesota In 1970, SEH prepared a preliminary engineering report -for the total separation of combined sewers in the city. The construction of storm sewers eliminated the intermittent discharges of combined sewer overflow into the St. Croix River. ( • Construction carried out in 1971 and 1972 included eight miles of storm drainage and related street restoration. I. Most of the , projects involved detention basins with gravity, outlets-while a number of - other projects involved storm water ` pumping where gravity outlets did not exist. f._ t I i I I • _ II i • ESTIMATED FEES Based on the .. Scope of Services" , we estimate the ' fee to be in the range of $9,500 to $11, 500. The range is necessary due to the unknown accuracy of the as-built drawings and the possible need for verification of invert elevations. We therefore propose to .prepare the study on an hourly basis not ' to exceed $11, 500. As in the past;' the compensation for the work would be on the basis of 2. 10 times payroll cost plus .mileage and out-of-pocket expenses. I -. DAVID J. PILLATZKE • Water Resources Section Manager Education: BCE -- University of Minnesota ( 1976 ) 1982 University of Minnesota Extension Storm Detention, and Flow Attenuation Professional Registration: Registered Professional Engineer in Minnesota and Wisconsin Professional Associations: American Public Works Association Minnesota Public Works Association Society of American Military Engineers General Background: Experience on a wide variety of civil works projects as a design engineer and project manager from concept to final completion. Responsibilities have included project planning, report preparation, preliminary and final design, specifications, quantity takeoffs, . cost estimating, operations and construction observations. General project types include new and rehabilitation of streets/highways drainage systems, utilities, ' residential and commercial site development, facilities management and city engineering. ' Projects have ranged in size from several thousand to multi- million dollar programs. Experience: Project Manager for Miscellaneous Projects - Oakdale, Minnesota Design and review of drainage systems implemented over the last two years. The projects included large studies of multi-basin storm water routing and rate/volume control structures. Project Manager for Cottage Grove Ravine Plan - Oakdale, Minnesota Development of a hydrologic model and hydraulic _ surface -water routing for updating of the City surface water management plant. The project included analysis of four subwatershed districts within the Cottage Grove Ravine WMO with use of both the SCS TR-55 and TR-20 computer models. - Project Manager for SWM Plan Update -.: Roseville, Minnesota City wide hydrologic/hydraulic study of about 8, 500 - acres. The study is utilizing computer modeling techniques based on the Soil Conservation Services TR-20 program. Project Manager - CR116 - Drainage Study Analysis of a 850 acre urban watershed consisting of eight subwatershed • districts. Design of ponding basins and outlet control structures to mitigate local floodi.ng. problems. MARK L.' LOBERMEIER Water Resources Project Engineer Education: i BCE - •University of Wisconsin-Platteville, 1983 Professional Registration: Registered Professional Engineer Wisconsin Professional Associations: ( Chi Epsilon, National Civil Engineering Honor Society Society of Military Engineers General Background: Experience ..on a variety of . civil works projects as a Design Engineer. Responsibilities have included project planning, value engineering, report preparation, preliminary and final designs, quantity takeoffs and construction observation, watershed management organization planning, and residential development. Project experience includes comprehensive stormwater management planning, drainage facility design including storm sewer system analysis, detention basin design and channel design, hydraulic and hydrologic studies, flood protection, dam stability and commercial and residential site development. Experience: Project Engineer for Roseville, Minnesota Surface Water Management Plan - Updating the cities S.W.M.P. using the S.C.S. TR-20 computer program to model existing watershed conditions and predict future watershed reaction under ultimate development. The study includes identifying current and future hydrologic water quality and erosion and sedimentation problems as well as recommendations and �a five year C. I . P. Project Engineer for Oakdale, Minnesota Surface Water -Management Plan Updating Oakdale ' s S.W.M.P. using the S.C.S. - TR-20 program to provide recognition of existing and future problems as well as identifying future detention areas, conveyance systems, discharge rates and storage volumes: Both existing and ultimate developed conditions were analyzed. The report addresses both hydrologic problems and solutions as. well as water quality and 'erosion and sedimentation control . Project Engineer for Chippewa Falls, Wisconsin - South East Drainage Study Hydrologic analysis of about a 2 square mile urban and rural watershed. - The study includes modeling existing • and future conditions using the S.C. S. TR-20 program. The study will result in recommendations for providing an outlet for a large low-'area currently causing surface flooding and high ground water conditions. ROCKY J. KEEHN • Water Resources Design Engineer Education: BS - Civil Engineering - University.•of Nebraska-Lincoln ( 1982 ) MS - Water Resources - Iowa State University ( 1987 ) Professional Associations: American Society of Civil Engineers - Associate Member General Background: Experience in the area of watershed management using . the computer program TR-20. Through graduate studies at Iowa State University gained. valuable knowledge in: water surface hydrology, , hydraulics, groundwater hydrology, water , resources planning, groundwater contamination movement, urban hydrology, and hydrologic computer models. Attending several . short courses sponsored by the Iowa State Engineering Extension Service to keep abreast on current hydrologic and hydraulic design techniques. Experience: Design Engineer for the Roseville, Minnesota Stormwater Management Plan A detailed study of the lakes, ponds, and marshes in the city is being made to determine the water surface elevations for the 100-year storm event. The study. addresses both present and future land use. Based on the data obtained from computer runs using the Soil Conservation Service ' s TR-20 computer program, problem areas will be recognized, reviewed and analyzed for possible solutions. The completed report with all recommendations- will be given to the city engineers so they can better handle current and future water ponding . problems. . The study included acomputer back water analysis of large trunk storm sewers acting as pond outlet to identify pipe surcharging and deficient capacity. .Pre-Doctoral Research Assistant - Iowa State University As part of a project financed by the Iowa Highway Research Board - Iowa Department of Transportation ( Iowa DOT) , developed computer spreadsheets , to do hydraulic and hydrologic calculations. Once approved by the Iowa DOT, the spreadsheets created for this project will ' be used by county engineers to design appropriate •aspects of projects approved - by the Iowa DOT. Areas designed by these spreadsheets include: calculation .-of stream discharge, • culvert design, backwater calculations, stage-discharge calculations in .natural and man-made .reaches, and normal I flow in geometric channels. JEFF A. JOHNSON, P.E. Civil Engineer Education: Bachelor of Civil Engineering (BCE) ' - University of Minnesota Civil Highway Technician St. Paul Technical Vocational Institute r - Professional Registration: Registered Professional Engineer in Minnesota and Wisconsin Land Surveyor in Training ( LSIT) in Minnesota i j Professional Associations: Minnesota Society of Professional Engineers National Society of Professional Engineers Minnesota Surveyors and Engineers Society Minnesota Land Surveyors Association Licensed Minnesota Vocational Instructor General Background: Managed design teams on hydrologic analysis of watersheds for comprehensive storm water management plans. Experienced in determination of flood frequencies and flows based on specific • gauge data and general precipitation maps and using this data to design storm water detention basins, outlet structures and size bridge waterway openings. Proficient in SCS and the U. S.G. S. methods of determining. runoff and in the use of the SCS TR-20 computer model for a watershed analysis. Experience includes use of the Army Corps of Engineers HEC hydraulic computer program series, extensive use of the HEC-2 model in determining water surface profiles in channels for flood insurance studies and bridge sizing and sizing over 70 bridges for hydraulic efficiency using the Bureau of Public Roads HOBCW computer program. Experience: i Project Engineer for Wausau, Wisconsin Comprehensive Storm Water Management Plan Responsible for hydrologic modeling of large rural and urban watersheds using the SCS TR-20 computer program. Results of existing conditions were calibrated to historical and observed conditions. The study included analysis of ultimate development, and recommendations for future detention areas and volumes, and . for future ditch and trunk storm sewer system improvements. Design. Engineer for Dunkirk Lane Drainage Study . - Plymouth, Minnesota Design engineer in the hydrologic and hydraulic modeling of an urban drainage system with numerous basins. The SCS TR-20 computer model was used to develop runoff hydrographs and perform- basin routing. The Army Corp HEC-2 computer model i � was used to determine water surface profiles in the major ditch systems. REFERENCES • .CITY OF ANOKA CITY OF NORTH ST. PAUL Mr. Jerry Dulgar, Mr. Robert Gatti, _ City Engineer City Manager, 2015 lst .Ave. No. 2526 - E. Seventh Ave-. Anoka, MN 55303 North St. Paul, MN 55109 Telephone - 612-421-6630 Telephone - 612-777-1346 CITY OF BROO KLYN CENTER CITY OF OAKDALE Mr. Sy Knapp, Mr.- Craig Mattson, City Engineer City Manager 6301 Single Creek Pkwy. 1584 Hadley Ave. No. Brooklyn Center, MN 55430 Oakdale, MN 55119 Telephone - 612-561-5440 Telephone - 612-739-5086 CITY OF BROOKLYN PARK CITY OF ROSEMOUNT Mr. Neil Johnson, Mr. Don F. Darling, City Engineer Clerk-Treasurer 5800 - 85th Ave. No. 1267 145th St. E. Brooklyn Park, MN 554.43 Rosemount, MN 55068 Telephone - 612-424-8000 Telephone - 423-4411 CITY OF HUDSON CITY OF ROSEVILLE Mr. James Pribil, . Mr. Charles Honchell, • Pres. , Utility Commission Public Works Director City Hall 2660 Civic Center Drive . Hudson, WI 54016 Roseville, MN 55113 Telephone - 71-5-386-3833 Telephone - 612-484-3371 METROPOLITAN {BASTE. CONTROL CITY OF SHORE 71EVJ COMMISSION Mr. Julian Fenendael, Mr. - Ray Payne, Public Works Director Deputy Director of Engineering 4665 N. Victoria St. 350 Metro Square Building Shoreview, MN 55112 St. Paul, MN 55101 Telephone - 612-484-3353 Telephone - 612-222-8423 CITY OF SOUTH ST. PAUL CITY OF NEWPORT Mr: Robert Simon, Mr. John Walker, City Engineer Mayor 125 Third Ave. N. 598 Seventh Avenue. So. St. Paul, MN 55112 Newport, MN 55055 Telephone - -612-451-1738 Telephone - 612-459-5677 CITY OF STILLWATER Mr. Nile Kriesel, Finance Director/Coordinator 216 North Fourth St. Stillwater, MN 55082 Telephoner 612-439-6231 • '.'August 21, 1987 Mr. Larry Hamer. St. Anthony Village 3301 -Silver Lake'Road St. Anthony, MN RE: Proposal for Professional Engineering Services St. Anthony Drainage District No. 6 Feasibility Study Dear Mr. Hamer: This letter is in response to your recent request for a proposal for a drainage feasibility study for drainage district No. 6 in St. Anthony. The City wishes to consider drainage system improvements which might reduce flooding problems in the area. The City officials: need information on improvement feasibility so they ETM can decide on a proper course of action. In order to provide you with this information, we propose the following: Development of a computer analysis of the runoff hydrology in rieke District 6 so that volumes• and rates of runoff for various Carroll rainfall events can be estimated and projected for the existing �rr oc associates, inc. storm sewer system and for the system with future improvements. architects engineers Determination of storm sewer conveyance requirements and land surveyors runoff storage requirements for the district. Estimation of costs for construction of public improvements to the -drainage system to handle runoff events of different magnitudes. In conducting the analysis it will be necessary to establish subdrainage boundaries within District 6. This can best be done using 2-foot contour maps prepared by an aerial mapping firm such as Markhurd or Horizons, Inc. We have checked with Horizons, Inc. and they estimate that preparing a 2-foot contour map for the approximately 500 acre area would cost the City about $4,500. Without such a map, we would have to use existing information that may be available from existing street and utility plans. The accuracy of estimates of the drainage area and runoff could be expected to be less with this latter technique. We propose to estimate runoff discharges in the system for events with 10-year, 50-year and 100-year recurrence intervals. However, if you desire, we can substitute other recurrence intervals at no additional cost or consider additional recurrence intervals at a slightly increased cost. We propose to use a computer based hydrologic model called Illudas, which was developed by the Illinois Geologic Survey for urban runoff hydrology. • 10901 red circle drive box 130 ni nnetonka. minnesota 55343 61?-935-6901 Mr. Larry Hamer August 21, 1987 Page 2 Based -on our hydrologic analysis and our-.judgecrient, we will propose alternative so.l,utions for:.your consideration. For each proposed alternative we will prepare preliminary designs including conveyance pipe or channel sizes and retention storage volumes. Cost:estimates for the proposed improvements will also be prepared. We will summarize our findings in a written report to be submitted to you. Also, we will meet with you and the City Council to discuss the. report. To provide you with the feasibility information you desire,: we propose a study effort which is-estimated to cost $11,200. This estimate assumes that all necessary street elevation data are available from existing City plans and can be readily obtained. If. the City has prepared a 2-foot contour map of the area.(which we recommend) then the estimated cost for our services would-be reduced to $9,500. We believe the level of.effort proposed here will provide you with the amount of information, detail, and documentation needed to evaluate your options and make wise decisions. As with most professional -services, the level of effort can be tailored specifically to meet the .City's wishes. Following City review of this proposal and the suggested scope, we can discuss possible scope modifications. Desired adjustments will be negotiated to the mutual satisfaction of all involved. We thank you for the opportunity to propose on this project. We look forward to serving you as you work toward controlling this storm water management problem. _ Sincerely, Dale A. Watson, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. DAW:jj 1 P L U M B I N G P E R M IT A P P L I C A T I O N CITY 'OF ROSEVILLE 2660 Civic Center Drive- Roseville,, Minnesota ..5511.3 Structure used as: „Date: OWNER: ADDRESS: PLUMBER: ADDRESS: Job Site: Water Closet Bath Tub Kitchen Sink Urinal Shower Wash Basins Gas Stove Water Heater Dish Washer Laundry Trays (2) Garbage Disposal Drinking Fountain Floor Drains Catch Basin Storm Sewer Other: Slop Sink Wet Bar Plumber Signature For City of Roseville PERMIT FEE's: Each Fixture/opening 7.00 Garbage Disposal, Water Heater, Dish Washer 7.00 M&my Sewer x,:,20 rW7 (plus) — Plumbing Permit Fee 15.00 State Surcharge .50 $ + ,$.50 = $ (total permit charge) (Receipt Number) CITY OF ROSEVILLE ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 74 TO THE CITY CODE OF THE CITY OF ROSEVILLE ESTABLISHING A STORM WATER' DRAINAGE UTILITY . The City Council of the City of .Roseville does hereby ordain: - The--City Code of the City of Roseville is, amended by adding A new Chapter 74 , to read as follows : 74 . STOR14 WATER DRAINAGE UTILITY 74 .010 . Storm Water Drainage Utility Established. The municipal storm sewer system shall be operated as a public utility pursuant to J.11inn. Stat. Section 444 .075 from which revenues will be derived- subject to the provisions of this Chapter and -Minnesota statutes . The storm water drainage utility will be part of the public works department and under f the administration of the public works director. \. 74 .020 . Definitions . (1) Residential equivalent factor, (REF) - One ( 1) REF .Is defined as the ratio of •the average vol,-,-e of runoff generated by one ( 1) acre of a given land use to the average volume of runoff generated by one (1-) 'acre of typical single family residential land, during a standard one ( 1) year rainfall event. 74 .030 . Storm Water Drainage Fees . Storm water drainage fees for - parcels of land shall be determined by multiplying the REF for a parcel ' s land use. by the parcel ' s acreage and ' then multiplying the resulting product by the storm water drainage .rate. The REF values for various land uses are as follows : CLASSIFICiMON LAND USES REF 1 Cemeteries , gol{' courses 0 . 23 2 Parks with parking facilities 0 . 75 3. Sincle Tamil:.• and duplex residential 1 . 00 4 Public and private schools , community center 1 . 25 5 i-lultiPle family residential , churches and governmental b. buildings 2 . 50 6 ..Commercial , industrial , warehouse 5 . 00 7 Improved vacant as assigned For the purpose of calculating storm water drainage. fees , all developed one family and duplex parcels shall be considered to have an acreage.- of one-third (1/3) acre . %Je s7.0e-, WC-1-1 12/1111 .a rFlt Jts. - be OY3.00 ?« pto, r.- pt,- . 74 .040 . Credits . The Council may adopt policies recommended by the public works director, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners , which data demonstrates a hydrologic response substantially different from the standards Such adjustments of storm water drainage fees shall not be made retroactively. 74 .050 . Exemptions . The following land uses are exempt fror storm water drainage Lees . (a) Public Rights of way . (b) vacant, unimproved land with ground cover. C 74 .060 . Payment of Fee. Statements for storm water drai!09E fee shall be computed every three (3) months and invoiced by the finance department for each account on or about the fifth (5th) day of the month following the quarter. Such statement shall bE due on or before the last day of the month in which the" statemer. is mailed. Any prepayment or overpayment of charges shall be re- tained by the City and applied against subsequent quarterly fees 74 .070 . Recalculation of Fee. If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written requE to the public works director made within twelve (12) months of mailing of the invoice in question by the City. 74 .080 . Penalty for Late Pavment: Each quarterly billing fc storm water drainage zees not paid when due shall incur a penalt charge of ten percent (10 ) of the amount past due. 74 .090 . Certification of Past Due Fees on Taxes . Any past due storm water crainage zees in excess of ninety (90) days- pas; due on October 1 of any year may be certified to the County Aud_ for collection '.-Jith real estate taxes in the following year pur- suant to Minn . Stat . Section 444 :075,- Subdivision 3 . In additic the City shall also have the right to bring a civil action or tc take other legal remedies to collect unpaid fees . i II . This Ordinance shall be in full force and effect from and after its passage and publication. CITY POLICY TITLE .Credits and/or adjustments of municipal storm water drainage fees. BACKGROUND STATEMENT The municipal storm water drainage utility utilizes a fee structure based on the anticipated relative contribution of storm drainage runoff volumes to the storm water drainage system. A parcels cont.--4 . bution is determined by that parcels size and its land use, under th= principal that more intensively developed land uses typically have a. larger percentage of impervious surface and contribute a much great- er volume of water and/qr sediment/nutrient loadings to the system. I.t is recognized that some parcels , due either' to their unique topo graphic, vegetative , geologic and other characteristics , or the exis tance and maintenance of onsite storm drainage control , detention, o' retention facilities have a hydrologic and sediment/nutrient loadinc response substantially different from that of similarly sized parcel. of the same land use . To provide for an equitable assessment of storm drainage Fees , based on reasonably expected contribution of flows and sediment/nutrients , provisions need to be made to permit adjustments or credits to the storm drainage fees for those parcels with unique or unusual charac- teristics . • ( POLICY STATEMENT \ The basis of the City of Roseville ' s storm water drainace =ees is t: anticipated relative contribution of storm water volumes and sedimen. nutrient loadings to the storm drainage system from a given parcel . Where unique or unusual conditions exist where the actual contr_bu- tions of water volume and sediment/nutrient loadings from a given parcel are substantially different form those anticipated by the sto drainage fee structure , the public works director or his designate m adjust or credit the storm drainage fee for said parcel to an appro- priate level in accordance with the guidelines specified herein . PROCEDURE STATEMENT (1) Proper.t,.: Owner to Provide Detailed In`ormatior. It is the responsibility of the property owner or his agent to present to the public works director- or his desir-nat_, suFFicient in formation concerning a parcels hydrologic characteristics to permit an accurate assessment of the conditions that exist . This informa- tion may include , but is not limited to : A. Site clan sho•..;ina locations of all buildinr,s and other development relat-ve to lot lines . • ; B . The total lot area and area of ' :'cervieus surfaces . C. Site topoaraphy or contours of suf-ficient detail to ascer- tain flow directions , rates and voiumes . D. Size, details and/or volumetric characteristics of any drainage control -facilities . -2- E. Hydraulic calculations specifying outflow volumes and rates for various rainfall events . C .(2) Adjustments Where Parcel Runoff. Is' Significantly Different • ' From Land Use Standard Where the unit runoff generated by a parcel differs from the assigned amount for that land use catagory by more than 20% , the P•[•d•D. may adjust the oarcels storm water drainage fee in accor- dance with the following procedure : a. Calculation of unit runoff for the parcel shall be deter- mined. by the methods outlined in the Soil Conservation Service Technical Release No . 55 , utilizing a 2 " total rainfall amount and antecedant moisture condition II . b. If calculated unit runoff is shown to differ from the assigned amount for that land use catagory by 200 or more, the number of assigned P.EU ' s for-that parcel shall be adjusted. by multiplying by the ratio of the calculated unit runoff to the standard unit runoff. c. A parcels storm water drainage fee sha11 -be subject to increases as well as decreases by this procedure. d. Because single family. and duplex fees are not based upon actual carcel acreage , no adjustments for unit runoff dif- ferences will be :jade for those land uses . (3) Procedure for Calculltion of Credits for We Ponds A parcel may be credited for up to fifty (50t) percent of theO storm water .drainace fee for onsite measures which are owned and maintained by the applicant which effectively reduce the outflow of sediment/nutrients frcm the site . Credit percentage mall be cased on one-half of the actual percent-age of sediment removal efficiency , as determines ov the follo.aing procedure, rounded to the nearost 5% ; except that no credit will be given for sediment removal efficiencies of less than 20 . A. Calculation of Credits for Wet Ponds a. Determine total site acreage and percent of site that has an ir,;croved or impervious surface . b . Calculate the annual depth of runoff from the following ecuaticn : Dr = P ( . 75 Im+. 15) -5 . 234 ( .25- . 1875 Im) • 397 . fdhere D = annual depth of runof_ r in inches . I = '_=`t of site area, expressed as a 4`ci•-�al. m - p = ann - al uep:.h of pracI _pitation = 29 _. :cues . c. Caic-_ 'Iate annual vol=2 of runoff= _ acre- fee �Jan::ua1 = sito ac:-cage D 12 t d. Determine �• • pone ca_aac_ !ele.a outlet elevatic , ;n acr--=eet. e . Calculate capac_`_ i nflo'.a ratio (C77. ;h CI = e onci eapzc_ �• �• er . annual f . Read sediment removal `ff_cienc CJ 1• .-C,�� ro�lJ�.��1n J _ ra L 1 . PUBLIC 1':ORKS PROCEDURE. . STORM DRAINAGE CREDITS • r March 27, 1984 BACKGROUND In January of 1984, the Roseville Council adopted a- storm drainage utility, together. . , with city policy allowing for adjustments or .credits to storm drainage. fees. The following procedure shall be used to calculate these credits to assure consistant application to all situ ations . CREDITS A. LAND USE INTENNSITY CREDITS 1. Criteria: When unit runoff generated by a parcel differs from the. assigr amount by more than 200, parcel drainage fee is to be adjusted to reflect actual runoff. 2. Required information by applicant: a) Complete site plan. b) Site area and percentage of "improved" surface. 3. Calculate Procedure: a) Calculate unit runoff by SCSS method; using actual percent improve surface, 2" rainfall , Soil Group "B", Anticedent Moistuxe Con Ltio: b) Col-Dare with "Standard" Unit Runoff, • Land Use "Standard" -2" Runoff Single family ,24" Cemeteries .& golf courses .09" Develooed parks . 18" Schools $ com-munity centers .30" Multiple F, churches .56" Commercial/industrial 1.24" • c) If calculated unit runoff differs from standard by 200 or more, ad just parcels REU value by ratio of actual unit runoff to standard unit runoff. 4. Exceptions : a) No adJustments to single family parcels, as their fees do not depe on lot size or intensity. b) For parcels with drainage easements, reduce parcel size to non-eas nent area, then calculate unit runoff. B. Rate of Discharge Credits 1.' Criteria-- ',,lien peak runoff from site i.s limited to pre-development leve by on-site facilities owned and r-iaintained by property owner, uo to 25; .reduction in draina-e tee can be granted. 2. Required information b}• applicant : a) Co: nL" site nlnn . • b) Area Of site draining to each outlot point . C) ,. i:proved stir--ace dra:Illi17, to each outlet Olnt , d) Specific details about outlet ':acilit} (s; . e) Calculation of peak outflow rate for 5-year and 100-year design ra fall , using modiCied rational :-et`lod with tc of 30 min. or more. i .-a) Divide site...into areas -which: drain to- each drainage outlet . b) Select design. rainfall. I c) Route: rainfall.-through pond using modified- rational method. Cchoose .tc -at least 30 min. , -and use "C" Value from Rossnillers• Equation Graph. Determine peak outflow' rate by summing all areas . d) Check other rainfall events to determine "worst" case. e) Calculate pre-development rates for parcel ,usirig "C"=,20 and assur. ing no on-site retention. f) If peak 5-year outflow -less• than predevelopment--10" credit: If peak 100-year outflow less than predevelopment--additional 1� credit. 4. Exceptions, Special Cases . a) Off-site water drains to outlet--owner has right to drain -this wat through his site without detention. Grant credits .if he provides sufficient control for his portion of the total flow. (This will require applicant to provide information about watershed beyond hi parcel) . b) Outlet facility owned by city or others--No Credits . (See Criteria c) Shared Ponding Situation: All ponds have an outlet . If outlet is on another's land, no credits (as in b) above) , exceot if the por level is normally below outlet, (requires historic documentation) . this case, if no overflow occurs in a 5-,year event, parcel gets 1C credit . If no overflow occurs in 100-,year event, additional 15- c C. Plater Quality Credits • 1. Criteria: When a parcel provides on-site treatment facilities which funct to improve the quality of runoff exiting the site, up to 50% of the drainz fee may be credited depending of treatment effectiveness . 2. Required information by applicant: a) i:'hen treatment facility is a "wet" pond. (1) area of site draining to -pond and percent impervious . (2) Volume of pond below outlet elevation. b) ,''hen treatment facility not a pond, applicant to furnish sufficient documentation to ascertain the effectiveness of the facility in remc suspended solids . 3. Calculation procedure for wet ponds : a) Divide site into areas draining to each outlet or facility. b) Calculate the average annual runoff for each area usin; the following equations : ,sar Dr=P ( . 7S I + - 1S) -5 . 23-1 ( .25- ..1S75 Im) .here Dr=annual runoff dept;i P=annual rainfall = 20 inches Im ":-Troyed, expressed as a decimal . C) Calcu.l:tc annual ru^o:: :o l., �e (h annual = Dr I`, x area acreage . d) Calculate or verity pond vol;z:�e in acre- feet below outlet ele%atl�n. C) Calculate , CaDacity- inflow ration (Cl2) CIR=Pond V01L1c/V ' nnual f) Read sediment removal efficiency from Brune 's Trap Efficiency Curve . (See policy) . - � I 9 g) Calculate total site efficiency by proportioning the efficiency- of • C each area, and adding together. h) Calculate credit: Credit=site efficiency/2 x RGU value x current rate ! .4 . Exceptions and special cases . a) Off-site water drains to treatment area-- Ignore effects of off-site water in calculating pond efficiency. b) Parcel shares ponding facility. i If parcel has water normally ponded on site, calculate volume of pond on that site below outfall . Then calculate credit per normal. procedure. D. Other Credits Miere, in the opinion of the staff, the above procedures do not result in* an apps ' priate storm drainage charge, the Public Works Director has the authority to make adjustments consistent with the intent of the storm drainage utility. AUTI[OR ITY Drainage, C}iaoter 74, Storm Water Drainage Utility, adortcd 3anuary, 19S=t . . City Policy, Credits and/or aA4.—tmertts to r.unicinal 5*-ora r adopted January, 1984 . • I I STOP.:1 WATER UTILITY TYPICAL IMPERVIOUS 0. I . RESIDENTIAL: Typical lot and house Impervious : House 1690 Drive- 900 Patio, Deck, sidewalks 300 2, 890 sq . ft. Total area: _ 11,475 % Imp.= 2890/11, 475 = 25 . 18 25% II . MULTIPLE FAMILY Lot Area Ir,�_ roved L.oca.ticn sa. `t. Area I='CVO Roseville Estates 2735-2 0'55 Rice 988,000 438,000 44.. Ramsey Square 2710 Co. Rd. C 422,000 223,000 51= C West,.,00d Village III 395-477 Co.Pd.0 220,000 110,000 . 50 405 Terrace Dr. 45,900 23,500 62'; 1370 Terrace Dr. 137,000 69,000 51 1714 Marion St. 63,800 44,000 690 175 Lar;renteur 54,000 27,700 51% 2220 Co. Rd. B 425,000 201,0001 47% Mean = 53% III. COI•I111ERCI AL Location Lot Area I:---;,,ed % Acres Area Ir-,)rc%-e El Torito 1925 .-1. Peri-Ater 1.43 .23 83% Rosedale To«rs 1700 W. TH. 36 .•4.62 4.12 89 Al & M OI::ice 1611 Co. Rri. B 2.38 2.03 10 LewnGtcn Plaza 1700= 6 .54 6.34 100 1-cseville Siioa. Otr. 1150+ rzLnteLr 4 .96 4. 73 96 LIrcpean E:oa1t�Z Sta 25,; 1.5 C- Ibd Lcbstcr 2330 Fricr 1.-35 1.33 33 85.9 = -2- • C IV. INDUSTRIAL Area Imprvd % Location Acres Area I=roved Garrett Freiclhtlire 2845 Cleveland 14.3 12.5. -, , 870 Nielson Warehouse 2281 Co. Rd. C 6.65 5.4 81 Warehouse 1975 Co. Rd. B2 4.42 3.78 86 Warehouse 2250 Terminal 3.32 2.92 88 • Truck Terminal 1717 Co. ,Rd. C 11.3 10.2 • 90 86% 85% SCIIOOLS , LIBRARY & LMISC. PUBLIC ' Fairview Sr. Ctr. 1910 Fairview 10.8 5.6 30% 916 VoTec (Lex. Elem.) 2131 N. Lexington 8.54 2.3 27 Parkview Jr. III Co. Rd. B & Dale 26.8 5.7 21 Group W (Lk Owasso) Victoria & ;,looc:.hill 7.55 2.4 32 U.S. O=y (1k.:.1cCarron) 211 No. McCarron '9.0 2.15 2Y ISM Cc.=en Scool (R.Feeder) 2800 E.Snellina Rd. 13.26 2.5 19 CCentral Park Elm. 535. Co-Rd. B-2 9.51 3.17 33.3 Ramsey Hi School 250 Cb.Rd. B-2 36.71 13.1 36 27. ,3 = 30 GOVERMENT BUILDINGS Ramsey CoL*nty Libra ry Co. Rd. B & Hamline 63% Pose«lle Civic Center 2660 Civic Ctr ..Dr. 19.49 12.5 (hall, arena, garagq, :-ec) (Less road) - .35 60 11.7 62.5% 60% CHURCHES No . Hgts . Lutheran 2701 Rice (w/sc�ool) 11.5 5.31 4S% Roseville Cc%-zrant \M•7 CO �,.-= "C"& Earrd ~c 2.1 67. ' 1 _ Advent LuE,�eran Ha--dire & Jos. Pd. 5.0 2.3 46 St. CCC. 2300 I' n1Lne 4.43 2.3 76 Prince of n-.ice 2561 .iczicri3 3. 3 2.0 3S • King of ..ir rs :.ale % y i. 36 5.0^ 1.2 , , � Ebsetcc.vn Lut;:eran 1946 i �ocd 3. 33) -).5 75 50% PADS. Developed* Location Area Ir,�rvd o Acres Area Ac. Lmproved Bruce Russell.. 1350 ;bodhill Dr. 4.39 0.7 16 Autumn Grove H,amline -&Lydia 6.65 0.85 13 McCarrons Beach McCarron Lk. (Rice) 10 .8- 1.9 17 Sand Castle 3060 Old Hwy 8 2.4±, 0.54 22 Rosebrook 2575 Snelling (& "C") 8.25 0 .9 11 15.8 15% =In=ES, GOLF COURSES CeCarJ:ol.-a 1. Golf _ .2323 . Hartline (TH.36) 25.8 0.75 3 C �Lidland Hills Golf 2001 Fulham 160.93 3.5 2 lbselawn G-m-etary Lard. & Victoria 75.0 5.0 6 40, STORM WATER UTILITY RUNOFF FACTORS SCSS "Standard" , Runoff* Storm Water Catagory Type o CN 2" -_Rain Factor Land Use Inpervious (Soil "B") Runoff (Rouncad) Fesidential - 25% 70 :24 1 Multiple 50 80 .56 2'.5 Commercial 85 92 1.24 5 Industrial 85 '92 1.24 5 Schools.. 30 72 .30 1.25 Churches/Govt 50 80 .56 2.5 Developed Parks 15 67 .18 .75- C-zmtaries, Golf C. 4 62 .09 .25 • K L *:-_,ltiale of typical residential runoff: Roseville plans to use a "new" technique- to pay when for-t�he. costs of managing storm water runoff — a Storm Drainage Utility. This leaflet is prepared it to introduce you to this.new utility and answer your questions: Questions ?7. 7. &Z AnswersH.1 Why do we have a storm drainage system? . What is a storm ^�\ important to control the storm drainage utility? D water. Storm drainage facilities had to be built, maintained and A storm drainage utility is renewed in order to: similar to the familiar sanitary c PROTECT PEOPLE sewer utility. The fee is, based on e PROTECT PROPERTY the amount of water that is discharged Before people settled in Rose- o REDUCE INSURANCE RISKS into the system. For instance, a ville, the natural state of the land ® parking lot creates more runoff was rolling prairie covered with IMPROVE PROPERTY VALUES than a grass area the same size, so grass and trees. When it rained,the it pays a higher rate. Similarly, water soaked into the ground or ® Ei'�'Hr]NCE�THE a large parcel creates more runoff flowed naturally to the rivers and ENVIRONMENT thang small parcei, so it too pays a streams. When people came to o PROVIDE FOR SAFE higher amount. In this way, the Roseville, they built homes,stores, TRAFFIC FLOW citizens of Roseville will pay for offices, churches, and. paved the To control storm waters and the management of storm wa to land with streets,parking lots,and receive these benefits, there is a proportion to the amount of r ..driveways. Now, when it rains,the cost. The proposed storm drainage thev "contribute". not on the value or ground cannot absorb the water as utility will spread these costs to their property. easily, and more water flows off. those who "create" the storm As the development of the land water runoff. continued, it became increasingly Why is a utility needed? What's my share of the costs? Recent State legislation now re- The expected quarterly fees in 1?84 to various types,of properties are quires Reserille to take greater and shown below: costlier actions to protect water quality in our community than PROPERTY TYPE QUARTERLY RATES ever before. These actions will Single Family Homes and Duplexes . . . . . . .... . . .. . . . . . . . . S4.351lot include forming tvvo new water Cemeteries and Golf Courses . . . . .. . . . . . . . .. . . . . . . . . . . . $3.251acre management organizations and Parks and Parking Lots . . . . . . . .. .. .. . . . .. ... .. . . .... . . . 59.751acre developing regional and local plans Schools and Community Centers $16.251acre to identify problems. Multiple Family Dwellings and Churches . . .. . . . . .. .. . . $32.501acre Today, storm water costs are Commercialllndustrial . .... . . . . . . . . . . . . . . . .. . . . . . . . . . . S65.001acre paid for using general tax money Your storm drainage fee will be —property taxes. These newcust>, included on the same water and when combined %with the nearly sewer bill you receive each quarter. 5200,000 Roseville must spend for. Also, Four fee can be reduced if you onyo ng storm drainai;e main- can demonstrate that your pro- tenance each vear, represents a perty has on site facilities which major expenditure of tax monev. improve water quality or reduce its O Rusevtlle must find a wav to meet outflow rate. "these rising costs in a fair and equitable manner, .vithout .tddinv additional burden to the property tax rolls. J What portion How will my money be used? of the costs 1) Monev is needed to operate and maintain the present storm are .paid` //l� drainage system.A large portion of by single family the storm drainage fee will be used to: properties? o Enhance wetlands to clean storrr: water and retard flows Currently, nearly fifty percent of the citywide costs of managing ® Maintain existing storm facilities storm water are received through so they will operate properly for a longer period of time. homeowners. Under a storm drain- property taxes to single family Z) Roseville is a changing com- • Replace eristing storm facilities that munity, acid tannin for the age utility, the overall single family planning have become unusable p;er the vears. future as well as the present is due to the natural ,ieterioratior share is reduced to about twenty- extremely irn ortant. A storm five percent. That means the single y p process. family- share of storm water costs is drainage master plan will be deve- a Sweep streets and pick up leaves. loped and kept up to date to cut in half with a utility. so this material does not enter the Other more intensively deve- determine: system. loped properties will assume an o Where changes or repairs to existing increased share of these costs due facilities need to be made. to the greater share of runoff they 0 Where and when future facilities create. Also, an additional ten per- will be needed. O cent of total costs will now be paid e What should be done to protect the by tax exempt properties, who quality of water in our lakes and usually pay no property taxes. streams. v I want more information! / Q/ a/o�// The City Council plans to hold a ;ublic hearing on the Storm A / Drainage Utility on January 9, 1984 at ::30 p.m. at City Hall. 0 / ® de o You are invited to attend. Also, further information can be obtainec 11%1111 ti t t ""'i l t tl l t by calling the Public Works Department at 484-3371. City of Roseville 2000 Civic Center Drive Bulk Roseville, %linnesota :;5113 Rate PAID St. Paul. M Permit.2a • 1.1.11� 1 fill 1.1 .. Roseville has . adopted a Storm Drainage Utility This January, the City Council established a storm drain.-ige utility for. the City. ,of Roseville. Roseville .residents will now be charged directly -for their share of the community's. drainage expenses , instead of paying for these costs through their property taxes. Charges begin the second quarter of 1984. The first charges for storm drainage will be included in your second quarter sewer and water statement . You will receive that statement in either April , May or June depending on-your location. Thereafter, a storm drainage charge will always be included in your utility statement . 1984 Drainage Utility - rates The drainage utility bases : ts charges on the amount or runoff" created by a parcel . For that reason, several catagories o�f ' land uses and rates have been ' created to- reflect differences in runoff created . (i .e. parking lots cause • more runoff than- grassy front yards) PROPERTY TYPE Single Family Homes b Duplexes $ 4. 35/lot Cemetaries b Golf Courses $ 3 .25/acre Parks $ 9 .75/acre Schools b Community Centers $ 16 .25/acre Multiple Family b Churches $32. 50/acre Commercial/ Industrial $65.00/acre Credits for water control facilities Some owners in Roseville have constructed special facilities ( like ponds) on their property to improve runoff -.eater quality and/or retard its outflow rate . When these facilities are o•:jned and maintained by the property a.yner , and %.jhen the owner can suDplv . infor-nation that demonstrates that the Facilities are effective, credits can be granted to reduce utility charges . If you think you qua Fy, you can pick up an appIicat : cri form in Lhe Engineering Oepartment� at City Hall . Applications and requirod dr%,yings and calculations must be file3 wi th the C i ty no later than '•'arch 26, 1 84 to be e I ic; ib I or cred i is to the initial storm sewer billing . FOR ADDITIONAL .I NFORMAT I ON CALL THE ROSEV I LLE ENG I NEER I NG DEPARTMENT, 4S4-3371 r Utility Bill Insert w Roseville Storm Drainage Utility.% .,\ %\ Charges begin this quarter \° m PROPERTY TYPE QUARTERLY RATES Single Family Homes and Duplexes.... . .... .. .. ... . ... . $429/lot Cemeteries and Golf Courses . .. .... .. ........ . . .. ..$3.25/acre Parks and Parking Lots . .. ........... ..:. ..: ........59.75/acre CSchools and Community Centers . .. .:.. . . .... .. .. .. . . .$16.25/acre Multiple Family Dwellings and Churches . . ... . . .. . . . $32.50/acre Commercial/Industrial . .. . . ... . .. . . .... . . . . ... . . . .. ..$65.00/acre You can obtain more information on the Storm Drainage Utility by callingthe Roseviile Public Works Department at 484-3371. 1983 REGULAR SESSION Ch. 183 � l either another WATER AND SEWER FACILITIES•—CHARGES ,llyv-hserve the sped with ' it wide field of i .;,4 A the CHAPTER 183 c the seuuiais- - H.F.No. 318 '1;'1 An Act relating to local government; regulating kinds of and charges for water and sewer facilities and services; amending Minnesota f'�4 Statutes 1982, section 444.075,.subdivisions 1 and 3. ' `r CITY Be it enacted by the Legislature of the State oj,Vinnesota: Section 1. Minnesota Statutes 1982, section 444.075b r amended to read: – , subdivision 1, is II i Subdivision L .Authorization. Any home rule charter city, except cities + of the first class ricultural opera- � g r}adeF a hems FUte'4a"e-r, or any statutory city 11 -sing Minnesota to may build, construct. reconstruct. 'I 4 'i _ I E`• repair, enlarge, improve, or in any other manner obtain aging Minnesota j' t!;h (i) waterworks systems, including mains. valves, hydrants, service con- nections. wells. pumps, reservoirs, tanks, treatment plants, and other lip, L)ta: appurtenances of a waterworks system, and ubdivision 2, is iii) seer sy C stems. sewage treatment works, disposal systems. and other l��y acilities for disposing of sewage, industrial waste. or other '.wastes. and 'Zricultural oper• (iii) storm sewer systems. including mains, holding areas and nonds. and s ecome a private other annurt�ena_ nces ana related facilities for the coI!ection aril ui>nosai of ".C? .e of operation it storm •rater, — — ation. The — — 1 all hereinafter called facilities, and is maintain and operate the same inside I'I n ...,n or injure' ; .'.j1(` " i an agncuitural or outside its corporate limits, and to acquire by gift. pure^ase. lease. :r used at ricuitural condemnation or otherwise any and all land and easements required for rules, or permits; that purpose. The authority hereby granted shall be in addition to all other threat of injury i.owers with reference to e"th the facilities otherwise granted 'i of, or chanve in Of this state or by'the charter of any suF city. The thorityb rah ted i� �! of waters on the ause gill) to cities which have territory within a watershed �tihich has ;A tke 1;M;' ai a a innted a .watershed ola_n pursuant to sec-i 173.8;g shall he exercised. :lot facility •With a '•�_t—n re�nect to f acuities acouired following the adoption of the �watersned : I n the rules of the n� only "n — _ — i t r facilities which are not inconsistent %with the watershed plan. mal feedlots. or a - T_.e aut�orla�• ranted in clause Ti i1) to cities havP adopted local eater t prosecution for mana�ce^ens plans pursuant to section 473.579 shall be exerc:sed. .With nr to an acuon by _sn�ct to 'ac:� aco_ u� follm,'ing the adoption of a local plan. only for a public nuisance. faculties which are not incon�nt with the local nlan. Counues, except counties in the seven county metro-olitan area, shall have the same :wchoritw •, �" c;ranted to cities b}' this suodiyision except for areas of the I s repealed. purse orcanized into cities and areas of the county incorporated within a sanitan• district established by special act of the legislature. .tied act Unders�onng and , etc are as shown in enrolled act 555 • 73rd I.LGISLATURE' 1983 REGULAR SESSION Ch. IS I :,I,,,u.., ,ta Jlatoics 1Jh2, section 41.1.075, subdivision 3, is commensurate with such charges. All such charges, when collected, and all moneys received from the sale of any facilities or equipment or any �ullll. a. ('ball c�; nct revenues. hill' the purpose of paying for the Ly'prullucts thereof, shall be placed in a separate fund, anti shall he used I,,t I I il� 111,, f,r ,u:11'nt•I lull, r,p.uf, v ill:tl•gt•Rlellt, imlimvumcilt, ur taller tlr.it to I {,a)' the normal, reasntlalde and current Costs Uf Uperallllg alto 11-mitt•ll.mcc, opt-ration and use of such f;lcililivs, the Iltainlailling the facilities. The net revenues from time to time received in g,,%I'rnul,; I ,oily of art}' ,urll oily or l'Ullllty shall have :ullhurity U, inipo:,e excess of such Costs Inay be {fledged by resolutions of the governing hotly, j1,,t ;,nil t (11111 Jilt, ell:u gc; flu• the use and fur the availal,ility of such or may lie used though not so pledged, for the payment of principal and "lilt fill' runnrctious t1wrewith and to Make contracts for surll interest un obligations issued as provided in subdivision 2, or to pay such pr„viol d. such charges may he in,puieo 1+'lth portion of said principal and interest as may he directed in such resolutions, to 1';1, VIII, ., 111;"It' "+:Iihthlt: by agruumt•nt with other immicipalitit•; ;unl lieu rt�enucs derived from any facilities of lull types listed in su'ly he lion 1, whether or not financed by the i,;u:ulee of such obligations, 11"s he t�Iu,�tl, ., I,r ICI I.:,t,• r,u'p,Iratil,uti or individuals, as wrll :ti those owned :old ,Ird u1 ur uico lu 11 ubli �uiuui issued for other facilities of any curb ul„ I.Ilril In Ili,' t'll) ul' comity 11 lit Il. lalargcs IlladC fUl' ierVll'e Illrcell}' I I+ 1 Y E relnl, I, ,1 �h.tll 1,,: ;,� fir:,l'l}' ai {rntitilblc lrl'nlltlrtlullale lU lute C115t u[ typt•s. Ill re5l,llltions authorizing the liillalll.'C' Ut l'llhl'r genel'aI (W special fun l I n.l; Ih, :,.olio , :ul ! :.I +rcr I'll;u'I;l•s clay he fixed oil lbe basis of watt•r obligations and pledging lieu revrnucs thereto, the governing buoy ulay ul:lke such cuven;ulti for the protection of huldcrs o[ the obligations and r,u, u, l ,l .0 I,'; rt t, r, , ,'t to :1 rca:.un:tble cL'tssifir"loin of (he types of tax l l tls of the municipality ur county as it deems necessary, including, +(Iii. II I i,t• a furni:,ht•d, or by refcrt•nce to the (lu;ultity, I :)' I Il 1. n u.,hu, , .0 .l 'Hi lcult (If di; tarsal of sewage and storni wet,r but without limitation, a covenant that the nuulboriZ sty t t county 'Ill(' ... I I }' I - - --. ---. — I,n.1�,,, �I ,�r � n ;,ley , Il., r I Iluitahlt: Ir,,sis including, Intl without linut;,u„11, iulpose aunt collect,charges of the nature herein authuriu•({al Ule lin,ta "lilt ;tl ) ttilllllna tiun of llncc I,( frrrcd lu :thOVC. 111111111111111 Charges for the 111 the amounts required to produce, together with any taxes or spCClal assessments designated as,a primary source of payment of the obligations, ;t aJ.tl,lllly t,i ++:,tt l' ,.r st +t, r Service may be imposed for all premises , al,utillll; tit, �tn•� t, i,r other places where municipal or County water laills net revenues adequate to pay all principal and interest when due on tile n or ..,'. t ra :u c I, r;,t, 1, +,ht thcr or lot connected thereto. Charges for obligations and to cre:NC and maintain such reserves securing saidntt nn:nts as Inay be provided in said resolutions. When such a coven: to Iht• f.t„Iltics may in tilt: discretion of the governing body he 111;u1c it shall be enforceable by appropriate action on the part of any holder fl„•1 b) r,•f.•rt•I,rt: t„ the portion of the cost. thereof which has been paid by t,f the pct n�i.�ci to h,: connected, in coal{,arcs"► with other I of Lite ubligatious or any taxpayer of the municipality or county in a court ;, of competent jurisdiction, and the obligations shall be deemed to be payable a., W- 11 a. Ill, cost of Making or supervising the connection. The . „ , wholly fruln the income of the system whose revenues are so pedgc , nut' I 1y au Y such charges a charge against the owner, within the meaning of sections 475.51 and 475.58. I, • ol,.,ot I,r all t,f ll , m :,fill tit ty provide and covenant for certifying m {,.,1 I t Lori,. ., tt, tilt t•,Iullty auditor with taxes againsC the property See. 3. Effective date. r I f„r t.,II t lion, otlwr lazes are collected. The governing body play This Let is effective the L11 after its final enactment. fc, o tl I,%y t.I)., :, f„r tilt pa}inerlt of reasonable charges to the n)unicipaii• Aliproved Nay 19, 1983. — ty .,r (,,,lul)' 11>. If f,.r tilt: ii,e and avail,lhllity of the facilities for fire I,,.,I. 11•,u al,.l for ,u;,ult:Mooing aaniutry conditions, and for {proper storm I +•..,1• l' ,Il.,ul;lh, in au l f.-'r puhlir hullliiugs, parks, streets, and other public pl.0 t :, Iu ticl, ru sort,,; lLc reasunal,leness of the charges to be inlpu:;ed, tl„ I;,,,,:rrnllg hl„ly ln;ly g1+'e et,ll.,ideraliun to all costs of the establish- COUNTY JAILS—OPERATING COSTS I,1�VY Uxl:t, op' r.tl1011, IIGtII11Cll:,lll'e, de{,reClatlllll and necessary replacements of ,r,l of ul,ln'oct uleut ;, enlargements anal extensions uecessarY CIIAI'T1'R 181 :,,It•,lu.:tcly the tt'rritury of the city or county including the , lnurrl•al a,jid colt rt„t to b,ronte due on ohlig:Minns issued or to be is,ul•d 11.1'.Nu. •103 ll.,to f•,r 11'ht.n let I I•+,:uue:, h,tvc been appropriated to lilt: p:tyntent of the (I. -I of tl,r t t.,l li:,hulenl, or of any Specified replacement, iml,rov- An Act relating to taxation; providing a special levy for operating costs c.,,.t, el Llrl;t lilt 1.1 or t,xtt n:.iou thereof, or it) pay the principal and interest of a county jail; amending ldinnesota Statutes 1902, section 275.50, d.• tin t l lll•aln,,,:, lt, ht I:,,ut tl for such purpoic, nu ckirguS iulpusc`1 to I subttivisiun 5. fr„lur, u, t n +cllut'.� .t l,',lu;,lc fur :,uch purpose sll;tll he deemed mireaiun- �Ih by +i,tuc of lilt• fat t tlt;tt the project to he financed has not bt-vil l;r r.' it ,rnete(l by the Leyislnture of the Stull'! of Alirt)ICSot”: ,,.Illlut•n,'rd of l'lllulil•'Irl, It proc,cdl„gs therefor are t:lkcll with I•easullable 1• I�t h coil ill-_ pn,p ct, +.hen con,pl, led, play he expected to make service Section 1. Nint,esula Statutes 1'Jli'?, section Z75.5U, subdivision 5, . I , n 1 . , .. .r., . • , „ I,I, t I, .I In rv:id: . Page 1 DESIGNING- SERVICE, CHARGES FOR STORM SEWER MANAGEMENT The idea -of storm drainage utilities is not, new..- It began over ten .years ago on the west coast following -the "Proposition 13" taxpayer revolt. A storm drainage utility is quite similar to those which are common in most cities. This- would include water, electric, and sanitary sewer utilities. z I A storm drain utility is probably closest in many ways .to that of a sanitary sewer. utility. This is true because it' deals with a substance that is normally -unmeasured as far as volume, produces a byproduct which affects others off the site, and frequently requires some type of treatment or-control after it leaves the site. Also, the property owner can affect the situation by providing partial treatment on site through his own private actions, which ultimately will help others off the site. BACKGROUND OF ROSEVILLE The establishment of a storm water utility is not the sort of action which is only useful -or possible in large communities. Roseville is a first tier suburb of Minneapolis and St. Paul, but is relatively small. It contains only 13 1/2 square miles and approximately 37,000 people. It developed in the 150s and 160s and now has fully developed with very little unused land. It has a mixture of residential land uses making, up over half of the community. Approximately 40P of the land, however, is used for. commercial and industrial activities. There are three major lakes, a dozen. minor lakes, plus numerous ponding areas in the community. approximately 70P has storm sewers inplace and the remainder uses overland flow techniques. WHY HAVE A STORM DRAI`]AGE UTILITY? . Although the answer may be different in every city, in the case of Roseville, Page 2 a storm drain utility was created because it was f.elt .to be the right way to • approach storm drainage, rather than it being installed as a way out of financial problems. Fortunately, Roseville is a fiscally sound and solvent communit which has through sound management been able to avoid personnel lay-offs over the past difficult years. The city had actually been aware of the opportunities available through a storm drainage utility for many years, but due to the state law in Minnesota not specifically stating that a storm drain utility was permitted by a city, it was not possible. This changed in 1983, however, when several cities joined together to get legislation passed which specifically allowed the establishment, of storm drainage utilities. The emphasis also came from the passage at the same time of a state law requiring the establishment of storm drainage planning organizations throughout the entire Twin City metropolitan area. There are • several advantages to a storm drainage utility. Some of these are as follows: 1. Fair -- Charges are based on how much of the problem the property owner creates. Property taxes on the other hand frequently bare little relationship to how much or what quality storm. water leaves a site. 2. Dependable -- The funding technique produces consistent funding levels and an easy to project source of revenue. 3. Dedicated funds -- There is no competition for the use of these funds for other city activities. Storm drainage, historically, has not been a high visibility, emotional subject and, therefor, has received less than its share of funds in competitive situations. 4. Unrestricted use -- The funds can be used for any type of administra- tive, planning, maintenance, reconstruction, new construction, or other use associated with storm drainage. 5. Legally defensible, -- h!ore and more special assessment projects are being challenged in the courts with benefits being difficult to Page 3 allocate to properties on high ground which drain their water down . stream. 6. Tax levy -reduction. -- The tax• levy'can be reduced by no longer funding- these activities -from the general funds supported by taxes. 7. Simple -- The approval by the city of another utility, .development of a charge system, explanation to the public, and an additional line on the utility bills is not complicated or unreasonably difficult. . 8. Flexible -- The .fee system .is very adaptable to meet local situations. . USES OF THE FUND As it was previously mentioned, the fund is not restricted in use except to the degree that the activities should relate to storm drainage. The decisions of how to use the funds collected are, therefore, primarily limited only by the needs of the community and its innovativeness. • typically uses such as administration, planning, and routine maintenance of , pipes, pumps, ponds, ditches,- vehicles, etc. would be expected in any plan. When rates are being established, these activities as a minimum- should be considered. Many cities that have established storm drainage utilities, however, have gone. Well beyond these uses. They include in their program such activities as. - street sweeping, leaf and grass collection, adding chemicals to purify lakes, weed cutting of lakes, erosion protection activities, educating citizens on the. affects of fertilizer, and other less obvious activities. Also included in many programs are the reconstruction costs of old deteriorated pipes or ditches., replacing or -enlarging undersized systems and expanding siltation ponds.. If appropirate and attainable, it would- be desirable to also include • the construction of new facilities to provide even better quality treatment to the runoff, reduce flooding or erosion, or simply serve, areas that as yet do not have a storm drainage system. Page 4 All of. the..above were. incorporated—into Roseville's system with the exception . .that- the city proposes to special assess 25% of the costs of the storm water collection system in as yet unserved areas. Even in these areas, however, ponds, ,large trunk sewers, major ditch construction, storm water pumps or .. similar -facilities are being entirely funded by the utility. NEEDED' INFORMATION Before actual decisions can be made on establishing rates for a storm drainage utility, a considerable amount of information should be available. Obtaining this information generally will not be too difficult, but will require some time and work. In Roseville's case, it took approximately 100 man hours to produce the necessary data. This will vary, of course, depending on the size of the community and the availability of information. Most of the information was aavailable either through existing utility billings, financial records, capital improvement. programs, budgets, time card accounting systems, zoning maps, and aerial maps. Exact information is probably not necessary. Therefore, it is recommended that the effort allocated to obtaining the information be kept to a: minimum. Just get sufficient information to make reasonable decisions. Experience with the utility will allow refinement of the exact fees, credits, etc. to be made at a later date. Among the information needed is the following: 1. State Law -- See if the existing state law allows for a storm drainage utility. Check with your city attorney, a league of municipality's attorney, state attorney general, .or other available source. 2. Current Activities -- rind out how much is being spent now and for what sort of activities. Any proposed change inevitably requires a sound set of reasoning as to how things are currently being done. By obtaining that information early, it will be a good basis for your evaluation process of proposed changes. Page 5 .. 3: Present-.Funding Service..--. Determine how .funds are: presently. 'being obtained-. and from whom. . It ,.is very important -to 'know where the •. funding is presently coming -from. If possible break- the sources down into groups such as residential, commercial, industrial,. churches, schools,- vacant .property, etc. This will be vital information when' specific types of property owners inquire how the change will affect- them. It will also allow you to formulate a rate structure that responds best to your objectives concerning who should pay for the utility. 4. Present Utility Billing System Find out how the present utility system billing- functions and how it would potentially be affected by adding this new utility. 5. Planning Needs -- F?hat planning and administrative costs are anticipated. If master plans are necessary, or comprehensive plans - .. need to be updated, then this should be known as the system is prepared. In Roseville's case, the new state law, required the establishment of major planning efforts. Although short term in nature, these expenses would place a noticeable burden on the typical city budget. 6. Maintenance Cost -- Establish the maintenance and operational needs of your system, even if they are not already being done. 7. ' Needed System Replacements -- Estimate what system replacements or enlargements are needed, both currently and in the future. 8. Estimate Future Needs -- Estimate what new.facilities will be needed, approximately when and at what cost. 9. Current Lane Use -- Estimate both the number of parcels of each type of zoning- and the total number of acres of each type of zone in the • community. This information preferably would include data as to what percent of each type of zone is vacant. Page 6 10. Typical-.Parcel.:Size and -Imperviousness _=- Calcula.te..typ,ical parcel. size • and percent impervious of each of the various types.of .zoning in the community.,. Your knowledge of the community can probably allow. you to do this- by making a few sample calculations from aerial photos.* This- infor mation- is vitally important to properly develop the fee system. It becomes the focal .point for the system for. charging various property users. 11. Soil. Slope and Rainfall -- Estimate the general type of soil in the community and typical slope or grade of the normal parcel. It is also necessary to obtain typical rainfall data, so that when calculations are - ultimately made, information will be available from which to base the decisio 12. Potential Credits -- Find out to the best of your ability the type and magnitude of privately constructed and maintained ponds, holding basins, skimming facilities, and other similar improvements that are on private property. If a credit system is to be considered, its effect will have to be quantified in some manner. Actual calculations or field investigations are not recommended for this portion of the information. Doing so would be much too costly and timme consuming at this stage of the process. 13. Who Should Pay -- Determine what groups of individuals you feel should pay for the facilities. The process will allow subsequent decisions to be made in the setting of the rates. These decisions are subjective and more of an art than a science. As such, having predetermined your preference for the ultimate decision, it will be easier to make the correct choices. This facet cannot be .emphasized enough. - It is, indeed, in this area that the utility will, in all probability, either succeed or .fail. If the utility is perceived as charging the right types of land and as bein3 reasonable, then it will probably be a success. If the fee system is viewed as being unfair, or resulting in • wrong charges to the g g t ype of land users or in the wrong magnitudes, then it will probably fail. Page 7 . 14:. .. Political Situation -- Review, the:'existing political situation.. If it is just .a month before electionsy. there- is. a- bitter fight between counco members, or other political facets exist;: this .may not be the right time to propose a new program. Ori the other hand, if- there are' fiscal restraints. it_is budget. time, or the council is looking for innovative ideas, this may be the ideal time to move ahead. DEVELOPING ROSEVILLE'S CHARGE SYSTEM Once you have obtained the previously, mentioned information, you are now ready to do a more difficult portion of the operation. You now need to make those decisions on what the charge system will actually be. There is no single right answer that will fit all communities. Each case is slightly different and may need its own unique approach. Following is Roseville's system and a brief overview of the approach that was followed: 1 . Political Timeliness -- It was concluded that with the relatively stable political climate and the need for significant new funds for preparing the storm water management plans as mandated by the state, that this was the appropriate time to consider a storm drainage utility. 2. Select Fee Basis -- Past experience with utilities showed that the primary basis for a storm drainage fee would be the zoning of the land and the size of the particular parcel in acres. In the case of single- family, residential land, it was concluded that the development would be essentially similar regardless of the size of the parcel, and, therefore, a single rate was used for all single-family, residential parcels. This simplified the billing and the amount of effort required to calculate the bills significantly. It also followed .the • -approach used in the sanitary sewer utility which already existed. Page 8 Exclusions and. Charges -- 'Due .to-,the fact that' the system basically • . was .to reflect -increases An storm•water flows caused by development, it .was decided that- vacant property would not be charged. This simplified the collection system because utility bills for sanitary. sewer and water service are already being sent to the developed. parcels, but not to the vacant parcels. It also reflected the fact that the ,general populace would .•think it was unfair to charge them for rainfall occurring on undeveloped natural land. A second major exception was made in the removal of all public road rights-of-way from the fee system. The reasoning for this decision was that most of the rights-of-way were owned by the city itself, and to pay those fees would have simply meant raising property taxes. This would have been counter-production. It would also have meant establishing collections from-state highway and county governments. _This was viewed as • politically sensitive. This was particularly true since Roseville's storm drainage utility -was the first ever done in the State of Minnesota, and it was desired that it be as uncontroversial as possible. / 4. Runoff Evaluation Technicue -- The SCSS System for determining runoff was selected.- This system was chosen because it was felt to be fair, well accepted nationally, and most importantly; because of its flexibility in being able to establish a fee system which would be in keeping with the needs and desires of Roseville. 5. Select Locally 'appropriate Rainfall and Pro. r= Level -- Several alternatives were run in an effort to establish the best rainfall to use with the SCSS System. It had been concluded by the staff that a system which minimized the charge affects on the single-family, residential property owners would be the most desirable. It was also desirable that the charge system be capable of providing enough fees to offset the costs of the maintenance, planning, replacements and J Page 9 enlargement of the. system :-.The alternative selected to achieve this using the Soil .Conservation.,.Service Technical Release No. 55 was, for a two inch total rainfall amount with antecedent moisture condition II. ' 6. :Credit System. -- It was decided 'that for fairness and to-encourage and reward those property owners who were assisting' the overall city system by reducing the overall amount of water, slowing it down, or improving its quality, that a credit system should be provided. Because of the fact that the city was essentially developed and most of the collection system already existed, the decision was made that up to. 50% of the fee could be reduced by providing water quality benefits and up to 25% by reducing the rate of flow. Wet ponds were determined to be the best way for water quality improvement and Brune's trap efficiency curve was used as the basis for determining that aspect. The 250 available credit for slowing the water down was broken into two potential steps. Ten • p p percent of it would be granted if the peak outflow rate was reduced to a five year' rainfall event for- predevelopment conditions, and an additional 15p if that could be done for a 100 year event.. Reductions in the charge would also be granted if the property owner could demonstrate that the actual development on! his parcel was significantly less than the standards established for the normal parcel of that particular land use zone. 7. Set Fees -- Using the SCS two inch rainfall for a *single-family parcel as a basis and assuming that the average lot was one-third of an acre in size, a ratio of charges was developed for each type 'of land_ use zone in the city. Where similar ratios existed for various type of land use, these were combined into a single classification for determining the actual. fee. The following table identified as . "Roseville Storm Drainage Utility" shows the actual fees developed by Roseville. Please note that the fee system is not identical to the percent of imperviousness assumed on each land use zone. As an Page 10 • example using classification 3, single-family, residential as a base you will see that 25% is -assumed impervious with a residential factor of one and the rate of $1.3 per acre. Category 6 of commercial and industrial land is assumed to be 85,10 impervious. If only the previous percentage were used it would result in a fee proportion of 3.4 times residential property. When the two inch rainfall is used on the SCSS set of tables, however, it produces a equivalent factor of "five. The final fee used by Roseville is $65 per acre, identical to this factor of five. This approach is significant in the final determination in who will pay for the operation of this new utility. It was felt that the large highly developed parcels containing extensive amounts of asphalt and roof area were actually contributing the major water problems both. in regard to • rate of flow, resulting in large pipe sizes and/or flooding problems, and in water quality problems. This rate structure reflects that determination. The size of the fee was set at an amount which would bring, in adequate funds for both the present and the anticipated future needs of the community. At the same time by using this system, the $4.35 per quarter charge to single-family residents was felt to be small enough to not be a burden and to be considered reasonable by the citizens. Page 11 ROSEVILLE STORM DRAINAGE UTILITY • RESIDENTIAL AVE. % QUIVALENT CLASSIFICATION LAND USES IMPERVIOUS FACTOR RATE/QT= . 1 Cemeteries 4% 0.25 3..25/acr ! Golf Courses 2 Parks with Parking -15% 0.75 9.75/acr Facilities 3 Single Family and 25% 1.00 13.00/acre Duplex Residential or 4.35/lot 4 Public and Private Schools 30% 1.25 16.25/acr Community Center 5 Multiple Family Residential 50% 2. 50 32.50/a Churches and Governmental Buildings 6 Commercial, Industrial 85% 5.00 65.00/acr Warehouse 7 Improved Vacant Varies As Assigned 8. Sell Idea to Decision Makers -- Once the above action was done, the conclusion was reached that the storm drainage utility was indeed viable, fair, and a good idea. At this point, it needed to be presented to the decision makers in a manner that would be favorably received. The idea was first explained to the City Manager and examples given as to impact of the fee. It was then included in the preliminary budgets as future, new revenue. A work session with the council was scheduled , written material presented , and a question and answer period held. The following. table identified as "Comparison with Tax Approach" was utilized to show how the impact of the utility IIII would affect each of the various land use zones. Page 12 COMPARISON WITH TAX APPROACH CLASS UTILITY FEE TAX LEVY % OF INCOME $ OF INCOME 1. Residential. - 28.3 50.1 2. Cemeteries, golf courses .8 1.9 3. Parks, etc. 1.9$ 0 4. -. Schools, public .and private 0 5. Apartments, churches, etc. 8.30 8.9 6. Commercial_, industrial 57,5 39. 1 0 8.9% from Non Taxable 'Sources Of particular interest is the fact that the residential costs to fund the same level of activities as proposed would be almost double if tax levies were used while the commercial and industrial zonings would conversely be little more than half if the tax levy system continued. This together with the fact that almost 9,00 new funds would be attained by charging previously tax free units such as schools, churches, county or state parks, etc. was very useful and enlightening. After some minor adjustments, the council unanimously favored the concept. The staff was authorized to get the utility formed. 9. Explain to Citizenry -- In order to get the idea of the utility to the citizens, several news releases were prepared and were published by the local newspapers. In addition, speeches were given to the local Chamber of Commerce, Rotary, Lion's Club, etc. to inform them of this proposal and solicit understanding and possible support. • A special mailing was also sent to each property owner explaining in simple terms what the storm drainage utility was, why it was needed., what their anticipated costs would be, how this would be different Page 13 from the current. system, why a storm drainage system was needed, and ., how the money would ultimately be spent. The council then publicly considered the new storm drainage utility. It was unanimously passed with almost no opposition. Additional news releases were sent out to inform the citizens that the city had changed its method of paying -for storm drainage, and a second flier was sent to all property owners advising them of what had taken place and'how this would affect them. When the first fee was added on their normal utility bills, an additional letter explaining the change was also included. 10. Implementation --Meetings were held with the city's private utility billing service, and a new form and system developed for the storm drainage utility. Careful and thorough explanation of the new system was given to city employees--particularly those who had to deal with the public or work with this new utility. It was felt that it was very important that the employees understand the system and feel that this was a fair and reasonable approach. City engineering staff and personnel used the existing utility billing land identification system to identify each parcel and measured the land area of each of the non-single family parcels involved from land identification maps. Using the standard fee system per acre for this particular zone, the consultant's computer then calculated the actual fee for each parcel.- RESULTS TO DATE The -City of Roseville began collecting storm drainage utility on April 1 , 1984. It might be noted that since that time three additional suburban communities have followed Roseville's approach and approved storm drainage utilities as well. Although in each case the utilities have a different fee, this is felt to be reasonable and expected, because in each case a different level of • program was adopted, different community needs existed , and different financial Systems were desired. Page 14 There have been very few complaints to date and very few credits requested or given. The system has been well received and thought to be fair. Of over 9,000 accounts, only 31 people have even requested credits with 13 of those being found to be proper. These have resulted in $37,000 worth of credits being given, which has reduced potential income approximately 6.7%. This is actually lower, both in number of credits or total dollars, then was originally anticipated. The monies collected have come from three primary groups. First is commercial and industrial properties which pay over $300,000, second is the single-family, residential properties paying approximately $150,000, and the third is the tax exempt property paying approximately $50,000. INCOME SOURCES • QUARTERLY $ CLASS FEE COLLECTED 1. Residential 4.35/lot 148,000 .2. Cemeteries, golf courses 3.25/acre 41000 3. Parks, etc. 9.25/acre 10,000$ 4. Schools, public and private 16.25/acre 11,000* 5. Apartments, churches, etc. 13.50/acre 44,000 + 6. Commercial, industrial 65.00/acre 302,000 TOTAL FOR YEAR 519,000 $ $47,000 from Non Taxable Sources i Page 15 ..These are all in keeping -mith-the, estimated sources from the original set of ..numbers generated during-the alternative phase of the program. This utility has also allowed over $200,000 to: be removed from the tax levy. The difference ,between the utility fee and the-tax-levy reduction being the cost. needed to cover the planning expenses plus the new construction proportion of the overall program. The funds collected have been used as shown in the following table: USE OF UTILITY FUNDS USES $ Personnel (2 full time & 4 part time) 57,000 Equipment (8 vehicles) 42,000 Supplies 9,000 Master plan and WMO costs 105,000 Overhead 26,000 • Projects 280,000 Match Fed. Grant ' 200,000 Flood Correction 40,000 Future Project 40,000 .-It should be noted that once the master plans have been .prepared, that $60,000 to $70,000 of those expenses will no longer exist. Page 16 . CONCLUSION The conclusion reached by Rosevillels, experience is fairly simple and is as follows; 1. Do it if you can. 2. The utility approach is fair, simple, provides dependable and flexible funds, relieves the general fund, and can be tailored to fit your community situation. 3. Success depends on your ability to analyze your community situation and prepare a plan that fits that situation. There is no single approach that will work for all communities. There is no right way or wrong way to get the job done. The above technique was used in the City of Roseville and, subsequently, became the basis for three other suburban communities in Minnesota to successfully initiating the storm drainage utility concept. If it works for us, it may work for you as well. • No. 0-86-16 CITY OF FALCON HEIGHTS 0 R D I N A N C. E Date November 12, 1986 AN ORDINANCE RELATING TO THE ADDING-OF PART 6 TO CHAPTER 3 OF THE CITY CODE OF THE CITY OF FALCON HEIGHTS ESTABLISHING A STORM WATER DRAINAGE UTILITY The City Council of the City of Falcon -Heights does ordain as follows: The City Code of the City of Falcon Heights is amended, by adding Part 6 to Chapter 3 as follows: PART 6. STORM WATER DRAINAGE UTILITY 3-6.01 Storm Water Drainage Utility Established. The municipal storm sewer system shall be operated as a public utility pursuant to Minnesota Statutes Section 444.075 from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. 3-6.02 Definition of Residential Equivalent Factor (REF) . One (1) REF is defined as the ratio of the average volume of runoff generated by one (1) acre i of a given land use to the average volume of runoff generated by one (1) acre of typical single family residential land, during a standard one (1) year rainfall event. 3-6.03 Storm Water Drainage Fees. Storm water drainage fees for parcels of land shall be determined by multiplying the REF for a parcel's land use by the parcel's acreage and then multiplying the resulting product by the storm water drainage rate. The REF values for various land uses are as follows: CLASSIFICATION LAND USES REF FEE PER QUARTER 1 Single family and duplex 0.25 $ 3.25/lot --------------------------------------------------------------------------- Moved by Councilmember Hard Approved by Mayor Seconded by Councilmember Wallin November 12. 1986 Yeas Nays Date; i BALDWIN J' in Favor Attested by - CIERNIA Clerk Administrator HARD Against 0CHENOWETH November 12, 1986 WALLIN Date -jpted by Council November 12, 1986 No. 0-81-2 CITY- OF .FALCON HEIGHTS 0 R D I N A N C. E 5 Date March 259 1987 AN -ORDINANCE RELATING T0. ESTABLISHING STORM DRAINAGE .UTILITY FEE FOR GOLF COURSES AND OPEN UNDEVELOPED AREAS The City Council of the City of Falcon Heights does ordain as follows: Amend Part 6, Section 3-6.02 of the Code to include the following fee: CLASSIFICATION LAND USES REF FEE 5 Golf courses, and open .25 $ 3.25/acre undeveloped areas --------------------------------------------------------------------------- h Councilmember Chenowet moved by Approved by /J,Q����_ Kayor Seconded by Councilmember Hard March 25, 1987 Yeas Nays Dater BALDWIN in Favor Attested by �- CIERNIA Consulting Clerk Administrator HARD Against March 25, 1987 CHENOWETH 0 WALLIN March 25, 1987 Date i pted by Council -2- CLASSIFICATION LAND-`USES REF FEE 2 Schools and Institutions 1.25 $16.25/acre 3 Multiple family residential, churches and governmental 2.50 $32.50/acre buildings 4 Commercial 5.00 $65.00/acre For the purpose of calculating storm water drainage fees, all developed one family and duplex parcels shall be considered to have an acreage of one-fourth (1/4th) acre. 3.604 Credits. Property owners who apply for a reduction in fees due to on-site facilities which improve water quality or reduce its outflow rate must apply for a variance paying the usual variance request fee. A city engineer will review the site and make a recommendation to Council. There will also be a cap of 25 percent (25X) . Any adjustments of storm water drainage fees shall not be made retroactively. 3.605 Payment of Fee. Statements for storm water drainage fee shall be computed every three (3) months and invoiced with the sanitary sewer statement and shall be due and payable with same. Any prepayment or overpayment of charges shall be retained by the City and applied against subsequent quarterly fees. Whenever possible any rate increases will be based on the index from the Engineering News Report, a public hearing will always be required, and rate increases will be made by resolution. Any properties being presently assessed for storm sewer or have been assessed for storm sewer in the past ten (10) years will receive 1C0 percent (100X) drainage utility fee abatement for the f irst four (4) years, will be charged- fifty percent (50%) of the drainage utility fee in the fifth year, with an additional ten percent (10X) of the total fee each additional year until the amount reaches the full fee with full participation to be reached in the tenth year. For future storm drainage projects (after January 1, 1987 the Council will determine the abatement formula at the time the project is ordered. 3.606 Penalty for Late Payment. Each quarterly billing for storm water drainage fees not paid when due shall incur a penalty charge of ten percent (10X) of the amount past due. 3.607 Certification of Past Due Fees on Taxes. Any storm water drainage fees past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. This Ordinance shall be in full .force and effect January 1, 1987. 010 NO. 829 M 0RDIWXT RECCDIFYIAU THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAPTER 216 ENTIT.`tED °SMR►4 WATER DRAINAGE UrIU7V ' TaE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS F0I1LTn1S: 216.01. SM94 WATER DRAINAGE iTTII.I'I"St ESTABLLSM The municipal storm sewer system shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075 from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. The storm water drainage utility will be part of the public works' department and under the administration of the public works director. 216.02. RESIDENTIAL EQUIVALENT PACMR A Residential Equivalent Factor (REF) is the ratio of the average volume of runoff generated by one (1) acre of a given land use to the average volume of runoff generated by one (1) acre of typical single family residential land use, during a standard one (1) year rainfall event. 216.03. LAND USE CIASSIFICATICAI • The REF values for various land uses are as follows: QASSIFICATION LAM USES REF 1 Cemeteries 0.25 2 Park facilities 0.75 3 Single family and duplex residential 1.00. 4 Public and private schools, comrar�ity center 1025 5 Multiple family residential, churches and *governmental buildings 2.50 6 CcuuTercial, industrial properties 5.00 7 Droved vacant as assic-ned 216.04. ST0RM WATER DRAINAGE PEE For the purpose of calculating storm water drainage fees, all developed one family and duplex parcels shall be considered to have an acreage of one-third (1/3) acre. The storm water drainage rate shall be $5.25 per quarter per REF-acre. 216.05. CREDITS The Council may adopt policies recamended by the public works director, by • resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively. J 2 � Page 2 — Ordinance Pao. 829 216.06: EXFKPPIC NS 7he. following land uses 'are exempt fran storm water drainage fees: : 1. Public rights of gray. 2. Vacant, uni.nproved land with ground cover. 216.07. AAYNERT CF FEE Statements for storm water drainage fee shall be computed every three (3) months and invoiced by, the, finance department for each account on or about. the tenth (10th) day of the month .following the quarter. Such statement shall be- due on or before the last day 'of the month in which the statement.-.is mailed. Any -prepayment or overpayment of charges shall be retained by the City and applied against subsequent quarterly fees. 216.08. RECALAXTIA77CN CF FEE If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the public works director made within twelve (12) months of mailing of the invoice in question by the City. 216.09. PENALTY FOR LAM PAYKENr • Each quarterly billing for storm water drainage fees not paid when due shall incur a penalty charge of ten percent (10%) of the amount past due. 216.10. CPATIFICRTICN OF PAST DUE FEES CAA] ZkMS Any past due storm water drainage fees in excess of ninety (90) days past due on October 1 of any year may be certified to the County Auditor for collector with real estate taxes in the following year pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring civil action or to take other legal remedies to collect unpaid fees. PASSED AMID ADOPT® BY Mi E CITY COUNCIL OF THE CITY OF FRI D L EY Tp.I S _ 25th DAY OF February , 1985 6JILLIAb: J. NEE - MAYOR AZT: • SONEY C. INMANv = CM CLERK Public Hearing: January 21 , 1985 First Reading: February 4, 1985 Second Reading : February 5 1985 Publication : March 4, 1985 J rr's A PACT ' . . . GET THE FACTS ®N '` Planning for the future as well as �� ®� the present is important to Fridley. A storm drainage master plan will be � ��, _,Q developed and kept up to date to mi � deterne: `�' Q 0% RM WMIN ^T ° How to better protect our infra- 6431 University Avenue, N.E. structure investment. Fridley, Minnesota 55432 AM ° Where changes or repairs to Telephone: (612)571-3450 existing facilities need to be K A I N A made. Where and when future facilities - S will be needed. ° What should be done to protect the quality of water in our I lakes and creeks. I 11 I I I l ' a . GET THE FACTS ON STORE DRAINAGE UTILITY For more information call: m DEPARME T OF PUBLIC_WORKS .., 571-3450, ext. 159 Fridley's residential,•c awrcial. and industrial growth is increasing - that's good news. However, as development increases so does the cost of managing storm water runoff. In addition,, the City's storm drainage system is 9etting older and in need of attention. state statute now requires: surface 'water management and more people are conscious ` of community water quality than ever before. In order to meet these concerns and provide an equitable distribution' for. the cost of maintaining our system: Fridley ° \ intends to use a different technique, a Storm Drainage Utility.- This flyer was prepared as an introduction to the new `." utility system and to explain in detail why it is necessary. IT'S A FACT THAT . . . IT'S A FACT THAT . . . IT'S A FACT 7BAT . . Years ago Fridley land, in its A storm drainage utility is similar Storm drainage maintenance can be natural state, was sandy prairie covered to the familiar sanitary sewer utility. funded either a property.tax.a e fee is based on the 'amount of water' �' P .- approach with giasa�and trees. Rein aster soaked based on property.values.�or :a utility :•. • For or into the ground and flowed naturally to that is discharged into the sy approach based on usage. -A-property-tax the creeks and rivers. When people example, a parking lot creates more runoff approach requires haneowners•'to P than a grass area of the same size, so it �N pay 'about settled in Fridley they built homes, s a hi 501 of the oust. A Storm Drainage L_► i stores and churches. Later development pay higher price. Similarly, a large aW roach costa hmn2gn rs lean than half included offices, parking lots and paved parcel creates more runoff than a small streets and driveways. Today the ground Parcel, so it too pays a higher amount. cannot absorb rainwater as easily as in With this new utility, Fridley residents the past and more water flows off as will pay for the management of storm water in proportion to the amount of water they development of the land continues. °contribute°, not on the value of their property. IT'S A FACT MU . . Other, more intensively developed properties will assume an increased share IT'S A FACT TEAT . of these costs due to the greater-share of IT'S A FACT THAT . . . runoff"they create. Moreover. in It ie• increasingly important to additional 101 of'total costs will now be control storm water. Storm drainage Fridley must find an equitable way to paid by tax exenmpt properties. facilities have to be built and maintained meet the rising costs of storm water A large portion of the storm drainage in order tom control and maintenance. fee will be used to: A storm drainage fee will be included e PROTECT PEOPLE on your quarterly eater and sewer bill. a Enhance wetlands to clean storm Your fee will be reduced if you can ® PROTECT PI40PF.[is'Y demonstrate that your property has the water and retard flows. a REOO� �� �� necessary on-site facilities which irprove a Construct necessary storm water. - water quality and maintain preconstruction detention facilities. • IMPROVE PROPER 7Y VA[liES outflow rates. • various expected pro quarterly fees for o maintain exist storm facilities ppa� FOR SAPS types p Aeries are listed th9 MWASPpFIGN below: so they will operate properly for a lager period of time.". e RDC HARSE TSE GROUND WaIM AQWER PRCFERTY TYPE QOARMMY RATES a Repair existing storm facilities become c le over o ENHANM THE EV13001ENp Single Family Hanes the years, due to the natural and Duplexes . . . . . . .$1.75/lot deterioration process. It costs money to control storm water and receive these benefits. Fridley's Qemeteries . . . . . . . .51.31/acre proposed storm drainage utility will Parks $3.94/acre spread these costs to those who contribute to the problem of storm water runoff. Schools and IT'S A FACT Community Centers $6.56/acre State legislation now requires Piultiple Family Fridley to take greater and costlier actions to protect surface water quality. Dwellings and churches .$13.12/acre These actions include the formation of a Commercial and new water management organization and the Industrial . . . . . . development of regional and local plans to .S26.25/acre identify problems. .. AV7 Im _ ENGINEERS ARCHITECTS 0 PLANNERS 222 EA STLITTLECAi,JADA,POAD,S PAUL,MW 11 J=sOTA 59117 612.Z3- D2.72 August 19, 1987 RE: REPORT OF INVESTIGATION DETENTION BASIN INLET STRUCTURE HIGHCREST ROAD NEAR COUNTY ROAD D ST. ANTHONY, MINNESOTA SEH FILE NO: 85000 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55410 • Attention: Mr. Larry Hamer, Director of Public Works Gentlemen: We are enclosing our Report of Investigation for the above-named project. If there are any questions regarding our inspection or report, kindly feel free to call us for clarifications. We have enjoyed working with you on this commission and welcome the opportunity to further serve you as this project develops. Sincerely, T. Clayton Beebe, P.E. Chief Structural Engineer TCB/cih • Enclosure I N D 'E X REPORT OF INVESTIGATION DETENTION BASIN INLET STRUCTURE HIGHCREST ROAD NEAR COUNTY ROAD D ST. ANTHONY, MINNESOTA TITLE PAGE LETTER OF TRANSMITTAL INDEX INTRODUCTION DESCRIPTION OF INLET STRUCTURE DESCRIPTION OF SITE RECOMMENDATIONS FOR REPAIR APPROXIMATE COST ESTIMATES CONCLUSIONS I � t • INTRODUCTION On Monday;._-August .1 7, 1987, under the commission of the City of St. Anthony, -Minnesota, this office conducted an inspection of a concrete inlet structure serving a runoff ,water detention basin. located within the City. The inlet facility has been damaged by the unusually heavy rains falling over the area' on July 23, - 1987. The object of the investigation was; ( 1 ) to assess the flood water damages, (2) to define the repairs that would be required to restore the facility to approximately the condition existing before the flood, and (3 ) to recommend the improvements that would make unlikely the redamaging of the facility under similar rain conditions. Our investigation was visual only. It is the opinion of this office that a soils investigation with soil borings should also be made before beginning repairs or modifications to the inlet. Such investigation will be necessary in the charting of the underground water flow at the inlet structure and in the design of a system to properly channel these flows to a suitable outlet. Structure plans of the inlet flume were available for this inspection. DESCRIPTION OF INLET STRUCTURE The inlet structure is a reinforced concrete U-shaped flume of about 10 foot width and 40 foot length. It was built in 1962. The flume '.s headwall, sidewalls, and tail cutoff wall are approximately vertical . The floor of the flume lies on a steep 1 . 4 to 1 slope. The tops of the flume sidewalls are sloped to approximately match the grade of the hill . into which the structure is founded, thus the sidewalls vary` in height. A 60" x 45"precast concrete arch. sewer feeds water into the flume at its • top. A debris-catch grating covers the pipe opening at the headwall . Energy dissipation blocks are built into the flume ' s floor at about six foot intervals. The sidewalls, of the- flume are , -of eight inch thick concrete. - Their reinforcing is a layer of #3 bars at eight inch centers - (horizontally and vertically) -,placed on the inside face of the walls. The floor of the flume is , of 10 inch thickness. Its reinforcing is #3 bars at eight inch centers on the .inside face. The head and tail walls are of 1 ' -0" thickness with #3 bars at -eight inch centers as per the ' other surfaces'. . At select locations additional reinforcing steel has been placed to protect exposed corners. The flumes .walls are in poor condition. Spread over its length, the east wall has approximately 10 vertical full depth cracks of 1/4 to 1/2 inch thickness. The west wall has approximately the - same number. of cracks but of about 1/8" thickness. ' The east wall is bowed . inward badly, reaching a maximum bow where, an existing timber retaining wall butts into the flume wall. Apparently the timber delivers a significant force that has broken the wall . The west wall bows inward slightly. It should be noted that -the reinforcing steel in the walls is unusually light and -is placed in the wrong face of the walls to effectively resist earth pressure. The floor slab, headwall, and tailwall (where visible) all appear to be in fairly good condition. DESCRIPTION OF SITE The inlet structure is located at the extreme north end of Highcrest Road. . Both the road and -the longitudinal axis of the structure lie on a north-south line. The headwall of the structure is at the flume ' s south end. The topography, in moving north from the end of Highcrest Road, is of gentle slope for approximately 150 feet, then of a . sharp drop down to the water .-level of the detention pond. The flume is • located in the region of the sharp--drop. . The ground cover is of grass, brush, and. trees, depending on location. In .looking down . : on, the', flume site, the. ..hill line changes direction at-.the flume, thus .there is a crowding in of the hill along the east sidewall of the structure. The.- hill. all - around the structure is steep. Immediately. at the site, there exists tiers of old timber retaining wall that- are - in extremely poor condition. Apparently these' walls were left in place from a prior flume construction. Approximately' 20 feet south and above the headwall ' of the flume there is a hole formed by the drainage of the storm waters of July 23rd. Apparently flowing ground water has, over the years, formed an underground cavity here. The large volume of surface water from- the storm apparently broke into the cavity and carved a channel down to the flume structure. The flow broke out of the ground at about the mid-length point of the. east sidewall . There was sufficient force in the water to erode a washout of about 4 foot by 10 foot plan dimensions. The pond at the present time is at such , a level that the basin, at the discharge end of the flume, cannot be viewed. Theoretically, - it is of riprap pavement of sufficient size to assure its still being in place. As of the date of our inspection, there was a large volume of water flowing out of the washout at the east sidewall . It appeared that more water was flowing from the washout than from the storm sewer. pipe..- RECOMMENDATIONS FOR REPAIR The immediate problems with the inlet flume are problems of the site. A washout condition has been created- that, if allowed to continue, could collapse the flume. The flumme is riot. in • good- condition at the present time, and, because of the nature of its design-, -- the structure does not lend itself to satisfactory repair. However,- . it would seem that the flume could continue to give service for. .an. extended period. if the. undermining condition could be stopped. Correction of the problem by this method would require the following steps: 1. Excavation : of both sidewalls` and headwall as required to view and repair the washouts. 2. Repair of. - the washouts through the, placement of select granular material fully compacted to level of new subsoil drainage system. 3. Repair of inaccessible washouts under the flume through hand placement of concrete fill, pressure grouting, and/or. hand placement and compaction of granular material . 4. Placement of a 12" perforated drain pipe parallel to . each sidewall and to the slope of flume floor. The . drain pipes would be placed in a 3 ' x 3 ' gravel pack with filter fabric. 5.. Placement of four risers south of the headwall for flushing..- and observing operation of dewatering system. 6. Hackfill and compaction of all excavations with select granular material. 7. Placement of ..an approximately 10 foot wide strip of one foot thick grouted riprap at each sidewall from. top. to bottom. 8. Restoration of site. If it was decided to replace the existing flume with a new, . heavier structure, added costs -. for removal of the old concrete • and placement of.- the new flume could be expected. . The subsurface drainage system as .spelled. out above would be required for either . . option. APPROXIMATE COST ESTIMATES We have prepared cost estimates for the site repair only option and for the flume renewal option. We shall hold -the unit calcu- lations in our file through the. length of time this project is under study. The estimates we have made indicate Option 1 with site repair and subsurface drainage system will cost approximately $14,000. Option 2 with drainage system and new detention basin inlet structure should cost about $36,000. CONCLUSIONS Correction of the subsurface water undermining the inlet • structure should be undertaken within the near future. Further undermining of the structure could cause loss of the structure. The existing structure has an indeterminate life. It is now in poor condition, but is serving its function and could continue to . serve if the undermining condition is corrected. This is not intended to mean that it absolutely will continue to serve. T. Clayton Beebe, P. E. • {- ENGINEERS®ARCHITECTS 0PLANNERS 222 EAST LITTLE CANADA ROAD,ST PAUL,P 1INNE50TA 55117 612 484-0272 September 25, 1987 RE: ST. ANTHONY, MINNESOTA WILSON STREET SANITARY SEWER AND STREET RECONSTRUCTION Mr. Larry Hamer, Public Works Director City of St. Anthony.. 3301 Silver Lake- Road St. Anthony, Minnesota 55418 Dear Larry: In accordance with. your request, we are pleased to submit our proposal for the preparation of a feasibility report for the construction of bypass and sanitary sewer to relieve the sanitary sewer on Wilson Street from 29th Avenue to 27th Avenue. The report will include an analysis of the capacity of the Wilson Street sanitary sewer and its tributary areas and recommendations for upgrading. The report will also include recommendations , and • cost estimates to upgrade Wilson Street to M. S.A. Standards. We propose to prepare a bound report, which will include the capacity analysis and general discussion of the project as well as recommendations, drawings and detailed cost estimates of all recommended improvements. Our compensation for the above work shall be on the basis of 2. 10 times payroll costs plus mileage and out-of-pocket expenses. We estimate the total cost of these services not to exceed $8, 000.00. Under this proposal, St. Anthony agrees to make available to us tall existing improvement information in the way of maps, reports, c records, plans and utility inspection data which are available and relevant to the work. It is to be specifically understood that engineering services in this proposal do not include the cost of underground exploration of the subsurface conditions and laboratory analysis. This information can be provided in the report at an additional cost or can be contracted for by the City. It is to be understood that in signing this proposal we are authorized to proceed only with the work outlined herein. No work in. conjunction with plans and specifications will be undertaken without further authorization. Mr. Larry-'Hamer . • September 25, 1987 Page 2 In -summary, we shall consider this proposal an agreement for services upon your acceptance and return of a signed copy to us. Respectfully submitted, Short Elliott-Hendrickson, Inc. ald G. Chri f ersen, P.E. DGC/dma ACCEPTED THIS OF 1987 • CITY OF ST. ANTHONY, MINNESOTA Mayor City Manager • September 15, 1987 Mr. Larry Hamer St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 RE: Proposal for Engineering Services Wilson Street Area Sanitary Sewer Feasibility Study RCM File No. 9717024 Dear Mr. Hamer: This letter is in response to your recent request for a proposal for a feasibility study of a relief sanitary sewer to 'improve service and reduce sanitary sewer flooding problems in the southern portion of St. Anthony. We understand that the major basement flooding problems exist along rieke the Wilson Street trunk line and its laterals generally south of 30th •carroll Avenue. Apparently because of the large number of foundation drains muller associates, inc. discharging to the sanitary sewer, the sewer capacity is inadequate in architects these areas during major, rainfa�l events. engineers land surveyors A possible solution to the sewer capacity problem would be the construction of a relief sewer parallel to the 18-inch diameter Wilson Street trunk line commencing in the vicinity of 29th Avenue and terminating at the metering station on Lowry Avenue. Other relief points may be appropriate. Determining the feasibility and cost of constructing such a relief sewer or providing relief at other points in the system would be the objective of the proposed service. We estimate that the proposed feasibility and cost evaluation could be prepared for a fee not to exceed $6,700. This estimate is based on the following premises: Dailv flow metering data for the Lowry Street and other meter ' stations will be available from MWCC and the data can be used to develop unit area wastewater flows. All necessary data regarding sanitary sewer locations, sizes, slopes, and invert elevations will be provided by the City. 1 City staff will be available to assist our personnel during the observation of existing manholes for the purpose of determining maximum surcharge elevations. Our findings will be summarized in a letter report which we will present to and discuss with you and the City Council. 10 101 red ciicle drive buy: 1 130 niiiinelOnka. miiinosote 5:5J43 6 9: -6901 Mr. Larry Hamer September 15, 1987 Page 2 Another possible,-course of action to reduce flooding problems in the subject area would be to.-encourage the removal or disconnection of foundation drains discharging to the sanitary sewer. Based on our experience with infiltration/inflow, problems accumulated in working with numerous communities, we understand that the removal of foundation drains can be politically very sensitive. However, there are various approaches toward implementation of such a policy which you may find workable. If you should so desire, we can assess in a preliminary way the impact of foundation drain removal and present to you various removal approaches for your consideration. We estimate that this information can be developed and presented to you for a fee not to exceed $2,000. If you have any questions regarding- this proposal, I would be happy to discuss .them with you in more detail. Y�_ lccrk forward to serving you on this project. Sincerely, obert C. obertson -RIEKE CARROLL MULLER ASSOCIATES, INC. RCR:jj DOBSEY & WHITNEY • A PARTNERSHIP I-LUDINO P20P 910NAL CORPORA 0- 2200 FIRST BANK PLACE EAST 350 PARK AVENUE MINNEAPOLIS, MINNESOTA 55402 1200 FIRST INTERSTATE CENTER NEW YORK,NEW YORK 10022 (612)340-2600 401 NORTH 31sT STREET (212)415-9200 P.O.BOX 7188 340 FIRST NATIONAL BANK BUILDING TELEX 29-0605 BILLINGS,MONTANA 59103 P. O. BOX 848 TELECOPIER (612)340-2868 (406)252;3800 ROCHESTER,MINNESOTA 55903 201 DAVIDSON BUILDING (507)288-3156 8 THIRD STREET NORTH RIO NORTH CENTRAL LIFE. TOWER (TREAT FALLS, MONTANA 59401 445 MINNESOTA STREET (406)727-3632 ST.PAUL,MINNQSOTA 55101 WILLIAM R. SOTH. P.A. (612)227-8017 127 EAST FRONT STREET (612) 340-2969 MISSOULA,MONTANA 59802 015 FIRST NATIONAL BANK BUILDING (406)721-6025 WAY7.ATA,MINNESOTA 55391 , (612)475-0373 .8 p 30 RUE LA BOETIE 3 GRACECHURCH STREET October 9, 197 75008 PARIS,FRANCE LONDON F-COV OAT, ENGLAND - OU-33(1)43-59-13-65 01-929-3334 011-33(1)45-62-32-50 Mayor Sundland and Members of the City Council City of St . Anthony 3301 Silver Lake Road Minneapolis , Minnesota 55418 i Re : Lease with Manning ' s Cafe, Inc . • Dear Mayor Sundland and Members of the Council : Enclosed is a proposed Lease Agreement which I 'received today from the attorney for Manning' s Cafe, Inc . for the restaurant to be operated by Manning ' s in the Stonehouse . This draft of the Lease is in response to my letter of August 11, 1987 , to Manning ' s attorney, a copy of which is enclosed for your reference . I am also enclosing a copy of the letter from the attorney for Manning' s, in which he indicates that most of our requested changes have been made. I will review this and discuss it further with Ray Nelson, and be prepared to give you my comments on Tuesday, but I wanted to get it to you today for inclusion in your agenda packets . Very t�uly yours, Wilriam R. Soth WRS :gle Enclosures • HAND DELIVERED cc : Mr . Ray Nelson (w/enc . ) • LEASE AGREEMENT THIS INDENTURE, made in duplicate this day of 1987, by and between the CITY OF ST. ANTHONY, hereinafter designated and referred to as Lessor, and MANNING'S CAFE, INC. , a Minnesota corporation, hereinafter designated and referred to as Lessee. WITNESSETH: That said Lessor in consideration of the rents and covenants, hereinafter mentioned,' to be paid and performed by said Lessee, does hereby demise, lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, the following described premises situate in the City of St. Anthony, County of Hennepin, State of Minnesota, to-wit: The ground floor kitchen space in the building (the "Building' ) -at 2700 Highway 88, St. Anthony, Minnesota as outlined in red on the floor plan drawing attached to this Lease as Exhibit A (comprising approximately 900 square feet) . TO HAVE AND - TO HOLD the above premises just as they are, • without . any liability or obligation- on the part of said Lessor of- making any alterations, improvements or repairs of any kind on or about said premises or the building or buildings of which they are a part, or the equipment, fixtures, plumbing, appliances, or machinery in, upon or serving same, or the streets, alleys, areas, area-ways or passages adjoining or appurtenant thereto, for the term of from and after the ' day of , 1987, to the 'day of 1 , 1992, both dates inclusive, for the following purposes and for no. other purposes, to-wit: The premises will be used only for a restaurant and storage of - inventory. Lessee agrees to operate a restaurant from the premises at all times during the term of this Lease on -all days Lessor's bar in the Building is open for business unless prevented from doing so by. fire, accident, acts of God or other acts beyond Lessee ' s control, excluding financial causes, and Lessee agrees to operate the restaurant for no less than the hours between 11 :00 A.M. and '11 :00 P.M. , with normal table • service, using a sufficient number of adequately-trained personnel for efficient service. Lessee agrees to conduct the • restaurant in a first-class manner, consistent with normal restaurant standards and practices. Lessor agrees' that .Lessee may use Lessor's table and seating area in the Building in common with Lessor's use of such area in conjunction with Lessor's operation of a bar in the Building. Lessee agrees that all liquor and soft drinks other than coffee, tea and milk will be served from Lessor's bar and that all revenues relating to the sale of such beverages will belong to Lessor. Lessee agrees that no cigarettes will be sold by Lessee. And Lessee agrees to and with said Lessor to pay Lessor as rent for the above mentioned premises the sum of Fifty-Eight Thousand Dollars ($58,000.00) in monthly payments, subject to increases provided hereinafter, in fifty-eight (58) consecutive monthly payments of One Thousand Dollars ($1,000.00) , commencing on the day - of , 198 and on the day of each and every month thereafter for and during the full term of this Lease, at - the office of the -Lessor as designated from time to time. That Lessor hereby waives the payment of all rents for the first sixty (60) calendar days in which Lessee occupies said premises. Lessee shall occupy the demised premises and commence oper.atio.n of the restaurant business on a date no later than sixty (60) days after possession of the demised premises is tendered 'by Lessor to Lessee for Lessee to commence the installation of its trade-fixtures and equipment. The rent will be waived for sixty (60) days following the earlier of (a) Lessee's occupancy of the premises for restaurant purposes or (b) a date sixty (60) days after possession of the premises is tendered. by. Lessor to Lessee. Notwithstanding anything herein contained to the contrary, -the said sixty (60) day period shall commence . no earlier than November 15, 1987. • -2- 1. LESSEE TO MAINTAIN . AND SURRENDER PREMISES IN. GOOD ORDER. • Lessee also covenants and agrees with the Lessor as follows: That Lessee will keep at its own expense said demised premises and -the equipments . plumbing, drains, fixtures, appliances and machinery in, upon, serving or appurtenant to said demised premises, in good repair and in good sanitary condition during- said term, and that it will replace at its own expense promptly any and all glass broken in or- about said premises with glass of the same quality; that it will make no alterations in or additions to said premises, without first obtaining the Lessor's written consent, which consent shall not be unreasonably withheld, and that it will not permit any use of the demised premises which are not consistent with the purposes set forth above, and that it will not in any manner deface or injure said demised premises, or any part thereof, or overload the floors, ors to the extent reasonably within the, control of Lessee, do or permit ' anything to be done upon said .premises or in the passageways, alleys, areas, area-ways,. sidewalks or streets • adjacent thereto, that will amount to or create a nuisance; and that it will not use said premises or permit the same or any part thereof to be used for lodging or sleeping purposes, or for any purpose contrary to the laws, -ordinances or regulations of the United States of America, the State of Minnesota, the City of St. Anthony or of any boards or officers of said city; and that Lessee agrees to return said premises peaceably and promptly to the . Lessor at the end of the term of this Lease, or at any previous termination thereof, in as good condition as the same are now in or may hereafter be put in, loss by fire or other casualty and ordinary wear excepted. 2. ICE AND SNOW: UTILITIES. Lessor covenants and agrees to keep the sidewalks bordering on said demised premises at all times reasonably free from ice and snow and other obstructions. Lessee covenants and agrees to neither waste nor misuse water, electricity, gas, steam, or other utilities or agencies which are or may be • furnished by the Lessor, and to promptly pay all rates, costs and charges for the same, except as to such of the same, if any, as Lessor has specifically agreed herein to furnish free of charge. -3- premises will be aepa All -utilities servicing the demised separately • metered --and will ..be paid for -by -Lessee.. 3. - SIGNS. - Lessee shall not erect or- permit to be erected, any signs on -the premises or on the exterior of the Building without the prior written consent of Lessor. Lessor and Lessee - agree that the�' signs described on Exhibit B may be installed by Lessee. at its expense. Lessee shall not place or permit to be placed in any portion of the demised premises any fixtures, equipment or materials the weight of which is in excess of the reasonable or safe carrying capacity of the Building. 4. CONDITION OF PREMISES; RELEASE OF LESSOR. Lessee acknowledges the receipt of the demised premises and the same to be in tenantable condition, and acceptable to the Lessee, - and in the condition in which they were represented to the Lessee to be and agreed to be put in by the Lessor; and the Lessee hereby releases the Lessor from any and all claims arising from any defects known to Lessee in the condition of said demised • premises, or the equipment, fixtures or appliances in or serving said premises. 5. SUBLEASING. Lessee agrees that it will not sublet the demised premisesu or any part thereof, and will not assign this Lease or any interest therein, nor permit such Lease to become transferred by operation of law or otherwise, and that no act or acts will be done or suffered whereby the same may be or become sublet or assigned in whole or in part. Lessee agrees that the restaurant will be operated by Lessee and Lessee only, and that it will not contract with anyone else for the operation or management of the restaurant. Lessee shall not sell, assign or otherwise transfer a controlling interest in the stock of Lessee without Lessor' s prior written consent. Lessee contemplates the formation of a new Minnesota corporation for purposes of the operation of this restaurant - and for purposes of this paragraph and any other provisions ' pertaining to assignment contained herein, the • assignment of this Lease-- from Manning ' s. Cafe,_ Inc. to said new corporation shall not be considered an assignment hereunder. -4- • 6. BANKRUPTCY. Any assignment,, `sale in bankruptcy or . insolvency of - Lessee may, 'at the option of the Lessor, be considered an assignment within the meaning of this Lease and as a breach of the covenants hereof. 7. LIABILITY AND RISK OF LOSS. The parties agree that Lessee will have no part in the conduct of Lessor's liquor operation in the Building, except that the parties intend to arrange for use of Lessee's employees who are serving food to also serve beer, wine and liquor on behalf of Lessor. Lessor agrees that in the event that Lessee's employees. are serving ' beer, urine or liquor, Lessee shall be named as an additional insured on Lessor's policy of liquor liability insurance,, and that if Lessor is self-insured and has filed a bond with the State of Minnesota related to such self-insurance, then Lessor shall name Lessee as an .additional party on the bond. Lessee agrees that Lessor shall not be liable to Lessee, or its employees, with respect to any injury or damage or loss of property sustained by Lessee, or its employees, by reason of Lessee' s use of the demised premises or the Building, or by use of any streets, sidewalks or other areas adjoining or appurtenant to the demised premises or the Building. Lessee assumes all risk of loss of or damage to Lessee' s equipment, fixtures or other property within the Building, including any loss or damage caused by water leakage, bursting of pipes, fire,. windstorm, explosion, theft, or other cause. 8. LIABILITY OF LESSOR AND LESSEE. Except as hereinabove set forth in paragraph seven of this agreement wherein it refers to the sale of liquor and the liability of Lessor therefor, Lessee assumes all . liability and obligation on account of all damages on account of the matters and things above referred to, and agrees to save Lessor .harmless thereon and therefrom, and to indemnity Lessor on account thereof, unless any such damage is caused by the sale of liquor. • This 'provision shall apply especially, but not exclusively, to -5- damage caused by water, snow, -rain, hail, backing up of - water • mains or sewers, • frost' steam, . sewageo. illuminating .gas, sewer. gas, or odors, -: electricity -and electric ,:current, ,• and. by the . bursting, stoppage. or jeaking of - pipes or radiators, plumbing, sinks and fixtures in or about the demised premises or the building of which the demised premises are a part. In case of such damage Lessor may at its option repair such damage, and if such damage has occurred in the demised premises or on account of the defects in the demised premises against which Lessee has agreed to make repairs, . Lessee shall--thereupon reimburse Lessor. for the costs of repairing such damage, and if the Lessee fails to perform any of the covenants or agreements herein provided to be kept or performed by Lessee, the Lessor may perform the same and charge Lessee with the expense of such performance, and Lessee agrees promptly on demand to repay to Lessor the cost of _ such performance by Lessor. Any language above to the contrary notwithstanding, Lessor . shall be responsible to maintain the structural integrity of the demised premises,, to maintain the roof thereof in a watertight condition, and to maintain complete systems, such as plumbing, heating and electrical to the demised premises. 9. LESSEE TO COMPLY WITH CITY REGULATIONS. Lessee further covenants and agrees at its own expense to observe and keep all regulations and requirements of the City of St. Anthony or other public authorities in force at the time of the taking possession by Lessee of the demised premises or which may thereafter be- made regarding the condition and conduct of said demised premises, any part thereof, including all buildings, fire, sanitary, police or other regulations. Lessee will, at its expense, promptly comply with all licensing and permit requirements of any governmental authority or agency, and with - any , other laws, . regulations . and , governmental . orders_ pertaining to the demised premises or the operations of Lessee to be conducted in the demised premises.,.. Lessee will pay all license fees, taxes, and other charges by any governmental • authority on Lessee ' s property or , fixtures or business in the demised , premises or . relating to Lessee' s use of the demised -6- premises: ' Lessee will -not commit or. permit any. act .,or omission • which results - ih • the.. .-_violation. of . any : law,.. governmental. regulation or insurance policy-of Lessor relating to,.the: Building or which will increase Lessor's i-nsurance rates.-on . the Building. 10. TARING FOR PUBLIC USE. Lessee further agrees that if the demised premises,, or j any part thereof, or any part of the improvements. of which they form a part., shall be taken for any street or public use, or, shall during the continuance of this Lease be destroyed by the action of the public authorities, . then this lease and the term demised shall thereupon terminate. 11 . DESTRUCTION BY FIRE. It is , further agreed between Lessor and Lessee that if during the term of this Lease the demised premises or the improvements thereon shall be injured or destroyed by fire or the elements, or through any other. cause, so as to render the demised premises unfit for occupancy, or makes it impossible to conduct • the business of Lessee thereon, or to such an extent that they cannot be repaired with reasonable diligence within one hundred eighty (180) days from the happening of such injury, then either party may terminate this Lease and the term herein demised from the. date of such damage or destruction, and the Lessee shall immediately surrender the demised premises and all interest therein to Lessor, and Lessee shall pay rent only to the time of such surrender; and in case of any such destruction or injury Lessor may re-enter and repossess the demised .premises discharged of this Lease., and may dispossess all parties then in possession thereof. But if the demised premises can be restored within one hundred eighty (180) days from the happening of the injury thereto, and Lessor within thirty (30) days from the occurrence of such . injury elects in writing to so repair or restore said premises within one hundred eighty (180) days from the .happening of the injury thereto, then this Lease shall not end or terminate on account of such injury by fire or otherwise, but the rent • shall -not ; run or accure after the injury and during . the. process of -repairs, and up to the time -when the repairs shall be completed,' except-only that the Lessee shall during such time. pay -7- i a pro -rata portion of such rent apportioned to the portion of the • demised premises: which are in- condition for occupancy or' which : . . may be actually occupied during such . r epairing .:period. I'f. however, thle - demised- premise 8 shall be so slightly injured. by any cause aforesaide as not to be rendered unfit for occupancy► then Lessor shall repair the same with reasonable promptnesse and in that case the rent shall be reasonably adjusted to account for any diminished use or value to Lessee. 12. QUIET ENJOYMENT. Lessor agrees and covenants that Lesseet on paying the rent and performing the covenants aforesaid, shall and may peaceably and .; quietly haver. hold and enjoy the said demised premises for the term. aforesaid. except as in this Lease otherwise provided. 13. BOND AGAINST LIENS. It is understood and agreed with respect to all alterations. and repairs., improvements or alterations to said demised premises, or any part thereof, which shall only be with • the written consent of Lessor, that Lessee shall and will in each instance save said Lessor and said premises forever harmless and ' free from all costs, damages, loss and liability of every kind and character which may be claimed, asserted or charged,. including liability to adjacent owners based upon the acts of negligence of said Lessee or its agents., contractors or employees, or upon the, negligence of any other person or persons in or about said premises or upon the failure of any or either of them to observe and comply with the requirement of the law or with the regulations of the authorities in the said City of St. Anthony and * will preserve and hold Lessor and said premises forever free - and clear from liens for labor and material furnished. Lessee further agrees that it will from time to . time before *making any such. repairs. improvements or alterations furnish the Lessor -with a bond in an amount satisfactory to the Lessor conditioned - for the, 'performance by the Lessee of the matters and" things '. in this -paragraph required to be done by • Lessee... -8- 14.. RIGST:-OF RE-ENTRY SUBLEASING AND TERMINATION OF LEASE UNDER BANKRUPTCY. It is further agreed between Lessor and Lessee that this Lease is made upon the condition that if Lessee' shall neglect or fail to keep,, observe and perform any of the covenants and agreements contained in this Lease,_ which are to be kept, observed or performed by Lessee,,_ or if the leasehold interest of Lessee shall be taken on execution or other process of lava, or if Lessee shall petition to be or be declared bankrupt or insolvent according to law, or if Lessee shall vacate said premises - or abandon the same during the term of this Lease,_ then and in any of said cases, the Lessor may immediately- or at any time thereafter, upon reasonable notice to Lessee,_ demand, enter in and upon said premises, or any part thereof, in ' the name of the whole, and take absolute possession of the same fully and, absolutely,, without such re-entry working a forefeiture of the • rents to be paid and the covenants to be performed by Lessee for the full term of this Lease, and may at Lessor's election lease or sublet said premises, or any part thereof, on such terms and conditions and for the highest rents and longest -terms reasonably obtainable, and after crediting the rent actually collected by Lessor from such reletting on the rentals stipulated to be paid under this Lease by Lessee from time to time, collect from Lessee any balance remaining due from time to time on the rent reserved under this Lease, charging to Lessee such reasonable expenses as Lessor may expend in putting the premises in tenantable condition'; or Lessor may at its election and upon written notice to Lessee declare this Lease forfeited and void, and may thereupon re-enter and take full and absolute possession of said premises -as the owner thereof, and free from any right or claim of Lessee, or any person or persons claiming through or under Lessee; and such election and re-entry last mentioned shall be and constitute an absolute bar to any right to enter by Lessee upon the payment of all arrearages of rent and costs after a -9- a . dispossession under any suit or process :for breach of any .of the • covenants of this- Lease, , and --the commencement by Lessor of any adtion to recover. possession of said premises aforesaid.-shall be deemed a sufficient notice of election of . said. Lessor to treat this ' Lease as void and terminated, without the written notice above spec.ified,. unless Lessor shall in writing,, before beginning such . proceeding, notify the Lessee that after obtaining such- possession Lessor will continue to look to Lessee for the performance . of this Lease and will submit the premises on Lessee' s account,_ in the manner as above provided.. 15. REAL ESTATE TAXES. Lessor covenants and agrees that it is responsible for any and all real estate taxes or any payments in lieu of real estate taxes due -to the County on the demised premises during the . term of this Lease and any extensions thereof. 16. - PERCENTAGE RENTAL AGAINST MINIMUM RENTAL. In addition to the base rent provided for in this Lease,,_ Lessee shall pay to Lessor,_ as additional rent for each • lease month (as defined hereinafter) exclusive of the first sixty (60) calendar days of occupancy by Lessee,,_ an amount equal to the amount by which five (5) percent of gross sales (as defined hereinafter) for such lease month exceeds , the sum of the aforementioned monthly base rent which is in the amount of One Thousand Dollars ($1,000.00) . 17. GROSS SALES. : The term 'gross sales" shall- mean the selling price of all merchandise or services sold or delivered in, at,, on or from any part of the demised premises and shall include sales and charges for cash or credit, regardless of collections- in the case of the latter, but shall exclude (i ) returns and refunds in fact made by Lessee,_ ( ii ) exchange of merchandise between stores or warehouses of Lessee where such exchanges are nude solely for the convenient operation of Lessee 's business and not for the purposes of consummating- a. sale which• has . been made at,, in, on or from the demised premises, ( iii ) the amount of any city, county, -10- state or federal salear luxury , or.. excise tax on such sales: which is both added .,to the -:selling price (or absorbed therein) and.-paid to the taxing authority by Lessee (but not by any vendor. of . . Lessee) , (iv) the selling ' price of merchandise delivered to Lessee at the demised premises for sale to the public but not yet sold ; to the public,. (v) sales of cigarettes, (vi) bad debts provided Lessee writes such bad debts off its books, (vii) trading .stamps or other premiums- distributed by. Lessee. A sale. shall be deemed to be made in the demised premises if an order therefore is secured or received in the demised premises,_ whether or not such order is filled in the demised premises or elsewhere or if,. pursuant to mail, telegraph,, telephone or other similar means, orders are received or filled at or from the demised premises. If any part of Lessee's business shall be sublet,,_ pursuant to the provisions of this Lease, by Lessee or conducted by any person,, firm or corporation other than Lessee,,_ then there shall be included in gross sales for the purpose of fixing the • percentage rate payable hereunder all the gross sales of such other person in the same manner and with the same effect as if the business or sales of such other person had been conducted by Lessee itself. Lessee shall, during the term hereof, keep for a period of two years following the end of each lease year, a permanent,_ complete and accurate record of all sales of merchandise or services and all revenue derived from the business conducted in the demised premises by Lessee and by all other persons conducting any business upon the demised premises. The term "lease month" shall mean the calendar month period commencing on the day of , 1981. and each succeeding calendar month thereafter. Lessee shall' submit to Lessor within fifteen (15) days following the � end of each lease month a. written statement. signed and certified -by Lessee to be a true and correct statement of the amount of gross. sales during . the preceding . lease month,_ and Lessee shall at the same time pay to Lessor the amount of • percentage rent,, if there be any -due, as shown by said statement. -11- Lessee Will keep in an , orderly manner and at. .a location notice of which. has been furnished to Lessor•, .a permanent • accurate set- of books and records, of all purchases and sales of merchandise and all revenue derived from business conducted. in the demised premises kept according to sound accounting principles. Lessee will keep excise tax reports, state sales tax reports ( including -quarterly and annual reports with information necessary to isolate sales from the.. demised premises) ,, business and occupation tax reports,, gross income tax reports, general ledgers, other financial registers or books of original entry,. and monthly financial statements. Such records will be retained for at least two years after the expiration of each lease year. Lessor, ,or its duly authorized representatives,, will have access, at all reasonable times during ordinary business hours, to the books and sales records of the Lessee for the purpose, of inspecting and auditing to verify gross sales. Lessor agrees to keep all such information confidential. If Lessor conducts an audit of gross sales and the audit establishes gross sales in an amount which exceeds the gross sales reported by Lessee by two percent (2%) or more, Lessee, will promptly pay the cost of the audit. Lessor will provide Lessee with a copy of any audit conducted. _ 18. WAIVER OF SUBROGATION. If any property of Lessee, its agents,, employees,._ representatives,, customers, invitees or others claiming through or under Lessee, which may be at any time in or about the demised premises. or the building, is damaged or destroyed, all claims against Lessor, its agents,_ employees,- representatives and invitees and all right of subrogation of any insurance company carrying any insurance covering said loss or damage are hereby waived by Lessee. If any damage to or destruction of the demised premises or -the building occurs by causes • which could be covered by standard Minnesota form fire and extended coverage insurance, all claims of Lessor against Lessee, its agents, employees, • representatives and invitees for any such loss and damage and all. -12- right of subrogation of : .any. , - insurance company - carrying any insurance covering such loss or -damage are hereby waived by Lessor. 190 NOTICE UPON DEFAULT. If Lessee defaults in its performance of any covenant or ' agreement contained in this Lease,' then Lessor shall . give Lessee written notice of such default and Lessee shall have ten (10) days in which to cure such default before Lessor may exercise its remedies outlined above. 20. INSURANCE. Lessee agrees that it will reimburse Lessor for percent of the cost of insuring the Building against loss by reason of- fire,,_ storm,,- or other extended or "all-risk" casualties. Upon payment by Lessor of the premiums for such insurance, Lessor shall submit to Lessee a statement of Lessee's share of such , insurance costs, and Lessee shall promptly reimburse Lessor for its percentage share. • Lessee agrees,, at Lessee's own cost and expense,, to maintain in force throughout the term of this Lease, and any renewals hereof public liability insurance with limit of not less than $1,000,000. The insurance policy or policies shall be issued by- an insurance company or insurance companies reasonably satisfactory to Lessor and such policy or policies shall name Lessor as an additional insured with respect to obligations under this - Lease. Lessee . further agrees to deliver to Lessor certificates) of insurance evidencing such insurance coverage. Lessee shall keep all of its fixtures and equipment in the demised premises insured against loss by fire or other casualty and shall provide Lessor with a copy of such insurance and -evidence that the premiums have been paid. 21 . RENEWAL OPTION. Lessor grants Lessee the option to extend the term of this Lease for two additional periods of five (5) years each, subject to the following conditions: • (a) At time Lessee exercises the option,, Lessee is not in default under this Lease. (b) Lessee gives Lessor at least six (6) months prior written notice of Lessee 's election to extend. -13- (c) The extended terms will-, ,:be on the same terms,, covenants and conditions provided during ,the initial term, except there will be 'no-. further option to extend . . .after,. the second . extension, and the. monthly rent for each extension. of the term will be an amount - equal to the... monthly rent for the previous five-year period multiplied by a fraction, the numerator of which is the Consumer Price Index ( °CPI° ) most recently published at the commencement of- the- lease year in question,, . and the denominator of which is the most., recently published CPI at the commencement of the term or the commencement of the preceding extension, as the case may be. In no event will the monthly rent for any five-year period be less than the- monthly rent for the preceding five-year .period. For purposes of this Lease,, the term "lease year" means the twelve-month period following commencement of this Lease and successive twelve-month periods thereafter. . For purposes of this Lease, "Consumer Price Index" or "CPI" means the Consumer Price Index for All Urban .Consumers, Minneapolis-St. Paulo, Minnesota-Wisconsin,, All items (1967 100) ,, as promulgated by the Bureau of Labor Statistics of the United States Department of Labor. If a substantial change is made in the method of establishing the CPI,, the CPI wil.l . be appropriately adjusted to a figure that would have resulted. had no such change occurred. If the CPI is not available,_ a reliable governmental or other non-partisan publication establishing a comparable index selected by Lessor will be used. (d) At the request of either, Lessor and Lessee will execute and deliver .appropriate documents covering extension. of the term, the new monthly rent and other terms of the Lease; during the extended term. 22. WATER. Lessee agrees to pay for all mater used in the operation of dishwashers, refrigeration- or air conditioning units used on the leased . premises at the same rates charged by the Water Department of. the . City -of St . Anthony, Minnesota. . -14- • 23. VACATION OF PREMISES. Lessee, upon leaving the pr.emise.s_ hereby leased, . shall . at 'its own:: expense remove, --a-1-1 ashes, dirt, rubbish and refuse, and upon - Lessee's failure to do ,so, Lessor . may immediately without further notice to Lessee ,do the same at Lessee's expense, .which the Lessee shall immediately pay upon receipt of a bill for same from Lessor. Any holding over by Lessee ..after, the. expiration of this . Lease or any' renewal thereof, shall, be , deemed a month-to-month tenancy with rental set at one and one-half times the level provided for herein. Lessee agrees that no assent, express or implied, by the. Lessor to any breach of any of Lessee's covenants or agreements shall be deemed or taken to be a waiver of any succeeding breach of such covenant. 24. KITCHEN AND RESTAURANT EQUIPMENT.. _ Lessee shall furnish certain restaurant and kitchen • equipment in' the. leased premises, the same being described on Exhibit C attached hereto and made a part hereof.' It is understood and agreed by and between Lessor and Lessee that this -equipment shall remain the property of Lessee and that at the expiration. of the term hereof or any extension thereof the Lessee shall -have the option of. either removing said equipment, selling said equipment to Lessor at a price to be mutually agreed upon, or selling said equipment to any successor Lessee of the leased premises. Lessee dill, at its sole expense, install all of said equipment and 'Lessor will have no responsibility for the payment of any costs whatsoever in this regard. 25. RELATIONSHIP OF PARTIES. The relationship between. the parties to this Lease shall be and is expressly one of landlord .- and tenant, and no partnership,-- Joint venture or other association or relationship. exists between Lessor and Lessee. No employee of Lessee will be deemed an -employee of Lessor, ' and no employee of Lessor will be deemed an employee of Lessee. Each party will be responsible for the acts. and omissions of only its own employees and not those of the other party. -15- i 26. - COMPETITION. • Neither Lessee nor any-,person, partnership, corporation or other entity under - the control of - Lessee . or under• common control with Lessee will .own, operate or . manage a restaurant within a one-mile radius of the demised premises during the term of this Lease. 27. BROKERS. Lessor and Lessee represent and warrant one. to another that neither of them has employed or otherwise used any broker or agent in relation to this Lease. Lessor will indemnify and hold Lessee harmless, and Lessee will indemnify and hold Lessor harmless, from and against any claims for brokerage or other commissions .or fees arising out of any breach of the foregoing representation and warranty by the respective indemnit ors. 28. SALE BY LESSOR. Lessor's interest under this Lease shall be freely assignable, and the obligations of Lessor arising or accruing under this Lease after an assignment will be enforceable only against the assignee. 29. SUBORDINATION. At the request of any mortgagee or ground lessor, this Lease will be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Building,, and Lessee will execute, acknowledge and deliver to Lessor. any document requested by :Lessor to evidence the subordination. 30. ESTOPPEL CERTIFICATES. Within ten (10) days after written request from Lessor, Lessee- will execute, acknowledge and deliver to Lessor a document furnished by Lessor, which document may be relied upon by Lessor and any prospective purchaser . or mortgagee of the Building, stating (a) that this Lease is unmodified and is in full force and effect (or if modified-, that the Lease is in full force and effect as modified and stating -the modifications) , (b) the dates to which rent and other charges- have been paid, (c) the current monthly rent, (d) the dates on which the term begins and ends, • (e)' that 'Lessee' has accepted the premises and is in possession, -16- (f) that Lessor is not in default:.under this Lease, - or, if -Lessor is in default, specifying' any such . default, and (g) including, such other information as the .prospective , purchaser..or.. mortgagee . may require. 31. RIGHT OF ENTRY. Lessor shall at all times have the right to enter upon said premises to inspect their condition, and at its election to make reasonable and necessary repairs. thereon for the protection and preservation thereof, but nothing herein shall be construed to require Lessor to make such repairs, and the Lessor shall not be liable to Lessee, or any other person or persons, for failure or delay in making said repairs,- or for damage or injury to person or property caused. in or by the making of such repairs, or the doing of such work. Lessor shall have the right during the. . last thirty (30) days of the term , of this Lease to place and maintain 'on the demised premises and in the windows thereof the usual notice of "To Let" or "To Rent-D, and to show said premises to prospective tenants. Each of the covenants; provisions, terms and ageeements of this Lease shall inure to the benefit of and shall be obligatory upon the respective heirs, executors, administrators, successors and assigns of Lessor and Lessee respectively. There 'are no understandings or agreements. outside of this Lease. . IN TESTIMONY WHEREOF, the Lessor and Lessee have hereunto set their hands to this agreement the day and year first above written. WITNESSES: LESSOR CITY OF ST. ANTHONY BY Its LESSEE MANNING° S ,C'AFE, INC. • BY Lawrence W. Manning, President -17- STATE OF MINNESOTA ) • COUNTY OF - HENNEPIN ) The foregoing was acknowledged before me this day of 1987,_ by ,. the of the City of St. Anthony, a under- the laws of Minnesota, on behalf of said . City. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing was acknowledged before me. this day. of 1987,, by Lawrence W. Manning, the President of Manning 's Cafes Inc. , a corporation under the laws of Minnesota, • on behalf of said corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Victor P. Seiler VICTOR P. SEILER & ASSOCIATES Attorneys-at-Law 955 Grain Exchange Building 412 South Fourth Street Minneapolis, Minnesota 55415 612-339-2711 I.D. No. 98887 • -18- I PYA/MonweN Ince r C®N'I'RAC'I'/D ES IG 1V DIVISION June 25 , 1987 Mr. Larry Manning 2264 Como Avenue St. Paul, MN 55108 Re: STONEHOUSE PROJECT KITCHEN EQUIPMENT SPECIFICATIONS _ REVISED 1. One (1) ea. Exhaust Canopy NFPA 96 approved stainless steel, 12 '-0" x 4'-0" x 2'-6" high with stainless steel fil'tdrs. 1A. To include exhaust fan, ductwork, damper, thimble and adaptor collar and permit. Roof curb is not included; to be built by general contractor. 2. One (1) ea. Vulcan Hart 6-burner Range with convection oven base, stainless steel finish front and sides, stainless steel back guard riser with shelf, casters on rear, gas quick dis- connect. 3. One (1) ea. Keating Model No., 48-G Miraclean Griddle with • stainless steel stand with (2) shelves , casters on rear, gas quick disconnect. 4. One (1) ea. Lang 48" electric Cheese Melter with wall mount- ing kit and bottom protector shield. 5. One (1) ea. custom stainless steel Wall Panel. 6. Three (3) ea. Frymaster Fryers, Model No. MJ-45 with mesh type sediment trays, casters on rear and gas quick disconnects. 7 , One (1) ea. Delfield custom stainless steel double-sided Chef's Counter, 13'-0" long to include : (2) well hot food table with cutting board and manifold drain and fill faucet, open shelf cabinet , (2) plate lowerators , self-contained work top with refrigerated base and 48 raised, forced air rail and cutting board, soup well and bowl lowerator, 2-drawer roll warmer, open utility cabinet with shelf , stainless steel 18" wide double overshelf , 13'-0" lower. and 10'-6" upper , 72" heat lamp to be mounted under uppershelf . 8. One (1) ea . Alto Shaam 2-drawer heated Roll Farmer . (Price included in Item V .) • 9, One (1 ) ea. .'ells Model No. 10-D Suul) warmer Wit'' thermus.tat and drain . (Price included in Item r ' . ) :\VEINUF SOUTH 1` INN1:AMI.IS. %1N 55-110 I'fli►NI c,l �� s.►' ��hl►i EXHIBIT C Mr. Larry Manning St . Paul , KN 55108 Re : STONEHOUSE PROJECT KITCHEN EQUIPMENT SPECIFICATIONS (cont .) • 10. One (1) ea. Bowl Lowerator, Sery-0-Lift - adustable. (Price included in Item 117 .) 11 . Two (2) ea. Sery-O-Lift Plate Lowerators , adjustable. (Price included in Item 117 .) 12. Open. 13. One (1) ea. Savory pop-down Toaster, 4-slice. 14 . One (1) ea. Sharp Microwave Oven, Mode,1 No. R-23BT, 1400-watt. 15. One (1) ea. Silver King Lettuce Dispenser, stainless steel with wall mounting brackets . 16. One (1) ea. lot stainless steel Shelves with brackets : (2) ea. approx. 18" x 54" and (1) ea. 12" x 30". 17 . One (1) ea. Pre-Checker. By owner. 18. One (1) ea. stainless steel Work Table 30" x 8' O" -with 6" backsplash and partial undershelf, and (2) ea. stainless • steel overshelves - 12" x 8'-0". 19. One (1) ea. Coffee Brewer. By owner. 20. One (1) ea. Delfield Model No. 204 Ice and Water Dispensing Unit. 21-. Open. 22. One ' (1) ea. stainless steel Soiled Dish Table 30" x 48" with sink, T&S Spray Assembly with bracket, and slant glass rack overshelf. 23. One (.1) ea. low-temp chemical type Dish Machine. By' others. 24 . One (1) m. stainless steel Clean Dish Table, approx. 30" x 60" with stainless steel overshelf and partial undershelf.. 25. One' (1) ea. stainless steel Eland Sink. 26. Open. 27 . Tiro (2) ea. 12" x 48" stainless steel 'Overshelves . 28. One (1 ) ea . stainless steel 3-compartment Sink with drain- • hoards , 30" x 8'-0" with (2) stainless s(('ei iV('rtiflEi\'("'S • Mr . Larry Manning -s- St . Paul , MN 55'108 Re : STONEHOUSE PROJECT • KITCHEN EQUIPMENT SPECIFICATIONS (cunt . ) 29. One (1) ea. section chrome Shelving, 24"-x 48" - (5) shelves high with 86" posts . 30. One (1) ea. lot Metro Zinc Shelving to include: (5) ea. 24" x 36", (5) ea. 24" x 48" and (5) ea. 24" x 42" - 86" posts. 31. One (1) ea. Hobart Slicer, Model No. 512-1. 32 . One (1) ea. stainless steel Work Table- with marine edge top, 30" x 8'-0"; to include tier of (3) drawers with re= movable plastic liners , sink and faucet , partial undershelf. 33. One (1) ea. Hobart. 20-qt. Mixer on portable stainless steel stand; to include stainless steel bowl, beater and whip . 34 . One (1) ea. Hobart 2-door Refrigerator, Model No. QA-2. 35. One (1)ea. Hobart 2-door Freezer, Model No. QAF-2. 36. One (1) ea. Ansulex Model No. R-102 System to protect hood plenum and cooking equipment. System to consist of a single tank wet system and remote manual switch and a 1' " mechanical gas valve, installed. 37. Seven (7) ea. stainless steel corner guards and trim pieces. Equipment Total 6% MN State Sales Tax Freight/Delivery/Installation Charges . GRAND TOTAL All plumbing and electrical connections to be made by others. We sincerely hope you will favor us with this valued order. PYA[MONARCH, INC . • GARY Z�(H$E I S -R Contrh'ct •.Safi:es Department CZ/eh I Mechanical Services, Inc. 9420 LYNDALE AVE. SO. BLOOMINGTON, MINNESOTA 55420 6.12/884.7140 June 30 , 1987 Mannings Cafe 2200 Como Ave. South East Minneapolis , MN 55414 Attn: Larry Mannings Dear Larry: ARI Mechanical Services , Inc.. proposes to furnish and install one (1) 4 ,000 CFM Weather Rite TOT112 direct fired make-up air unit and one (1) 13 . 2 ton condensing unit along with the following: A. . Permits B. Duct work and diffusers C. Crane for setting units D. Refrigeration piping E. Gas Piping F. Roof Skids G. Start-up H. First year service I. Orsat tests ARI Mechanical Services , I.nc. proposes to do all of the above in a professional workman like manner during normal working hours If you have any questions , please give me a call. Thank you , Sincerely , ARI MECHANICAL SERVICES , INC. Gary F . mown GFB: ajh 11E PR[SE N T 1N0 U V AL IT\' NEAT:INO VENT L A 1 ING AIR t, '.,N l>I 1V NINC, ,-'L 7 H R1N L VU!''M t. 1' 1 • DORSEY & WHITNEY A P&m O1v IPCLVOI}O PM".s�oa�L COE.00�n01�• 2200 FIRST BANK PLACE-EAST WO PAB2 AVTNUR IdINNEAPOLIS.-MINNESOTA. .55402 1200 FIRST INTERSTATE CENTER NEW TORR.NEW Toe2 10022 (612)040-2600 401 NORTH 33- STREET (832)416-9e0O P.O.BOR 7188 3-60 FIRST NATIONAL BANZ BUILDING TRIM 99'0608 BILLINGS.MONTANA 89103 P. 0.'BOX Rae TELECOPIER (612)340-2866 (406)e5e•3600 ROCHESTER.MINNESOTA 86900 (507)842 �� 801 DAVIDSON BUILDING e THIRD STREET NORTH 810 NORTH CENTRAL LIFE'70WER GREAT'FA IIS. MONTANA 89401 408 MINNESOTA STOERT - - (4061797.3638 ST. PAUL:MINNESOTA 8aMM WILLIAM R. SOTH. P.A. (812)e87-a017 - I27 EAST FRONT STREET (612) 340-8969 MISSOULA,MONTANA 59608 015 FIRST NATIONAL BANS BUILDING (406)701.SOW WATZLTA.MINNESOTA 55091 • (518)475-0373 ' 30 RUE LA BGIIT7E 3 OItACECHCBCR STREET 75008 PARIS.FRANCE LONDON EC3V OAT..ENGLAND August 11, 1987 00.33(1)40.59.13-68 a-999.3332 ou-33 u,as-ee-3e-50' Mr. Victor P. Seiler Victor` P. Seiler & Associates 955 Grain Exchange Building 412 South Fourth Street Minneapolis, Minnesota 55415-1477 Re: City of St. Anthony--Manning ' s Cafe, Inc. • Dear Mr. Seiler : I have reviewed the proposed Lease Agreement between the City and Manning ' s Cafe, Inc . for the restaurant in the Stonehouse, and have .the following comments: 1. The City should either have personal guaranties of the lease obligations from the owners of Manning' s . Cafe, Inc .-, or evidence that this corporation has a substantial net worth. 2 . The description of the leased premises in the second paragraph should read as follows : The ground floor kitchen space in the building (the "Building" ) at 2700 Highway 88, St. Anthony, Minnesota, as outlined in .red on the floor plan drawing attached to this Lease as Exhibit A. 3 . The use which is described as "operation of restaurant and storage inventory" should be more specific. We would like to substitute the following language: The premises will be used only for a restaurant and storage of inventory. Lessee agrees to operate • a restaurant- from the premises at all -times during DORSEY 8c WHITNEY 0 Mr . Victor P. Seiler August 11,' 1987 Page Two the term of this Lease on all days Lessor ' s bar in the Building is open for business unless prevented from doing so by fire, accident, acts of God or other acts beyond Lessee ' s control , excluding financial causes, and Lessee agrees to operate the restaurant for no less than the hours between 11: 00 a.m. and 11: 00 p.m. , with normal table service, using a sufficient number of . adequately-trained personnel for efficient service. Lessee agrees to conduct the restaurant in a first-class manner, consistent with normal restaurant standards and practices. Lessor agrees that Lessee may use Lessor ' s table and seating area in the Building in common with Lessor ' s use of such area in conjunction with Lessor ' s operation of a bar in the Building. Lessee agrees that all liquor and soft drinks other than coffee, tea and milk will be served from Lessor ' s bar and that all revenues relating to the sale of such beverages will belong to Lessor. Lessee agrees that no cigarettes o will be sold by Lessee. 4 . The following should be added after the last sentence on the first page : Lessee shall occupy the demised premises and commence operation of the restaurant business on a date no later than 60 days after possession of the demised premises is tendered by Lessor to Lessee for Lessee to commence the installation of its trade fixtures and equipment. The rent will be waived for 60 days following the earlier of (a) Lessee ' s occupancy of the premises for restaurant purposes or (b) a date 60 days after possession of the premises is tendered by Lessor to Lessee. 5. The following should be inserted at the end of Section 2 : "All utilities servicing. the demised premises will be separately metered and will be paid for by Lessee. " 6. Section 3 should' be revised to read as follows : 3. SIGNS AND OVERLOADING OF FLOORS . Lessee shall not erect or permit to be erected any signs on the premises or on the exterior of o • DORSEY & WHITNEY Mr. .Victor P. Seiler August 11, 1987 Page Three the Building without the prior written consent of Lessor. Lessor and Lessee agree that the s.igns described on Exhibit B maybe installed. by Lessee at its expense. Lessee shall not place or permit to' be placed in' any portion of the demised premises any fixtures, equipment or materials the weight of which is in excess of the reasonable or safe carrying capacity of the Building. 7. In Section 5, line 6, we would like to put a period after the words "or in part" and delete the remaining language. We, would then like to add the following: Lessee agrees that the restaurant will be operated by Lessee and Lessee only, and that it will not contract with anyone else for the operation or manage- ment of the restaurant. Lessee shall not sell, assign, or- otherwise transfer a controlling interest • in the stock of Lessee without Lessor ' s prior written consent . 8. Section 7 may need to be modified, depending upon what we find out from the carrier of the dram shop insurance . The City would like the Manning ' s waiters and waitresses to serve the liquor and soft drinks -on behalf of the City in conjunction with Manning ' s food service. We are hoping that the insurer will agree that this will result in no change in the policy and that Manning ' s and its employees will be covered. If this is possible, we can add the appropriate language to Section. 7 . If it is not possible, we will also have to make some changes in Section 7. 9 . The phrase "unless any such damage is caused by the sale of liquor by negligence of Lessor" should be deleted from the end of Section 7 . Manning ' s must insure all of its equipment and other contents, so that it looks to its insurance alone in case of any damage, regardless of how that damage is caused. We don ' t want any claims that any negligence of the City caused the damage. 10. Likewise, we should delete the words "or by negligence of Lessor" from the eighth line in Section 8. • 11 . We would like the following added to Section 9: DoRSEY & WHITNEY • Mr . Victor -.P. Seiler August 11, 1987 Page Four Lessee will , at its expense, promptly comply with all licensing and permit requirements of any govern- mental authority or agency, and with' any other laws, regulations and governmental orders pertaining to the demised premises or the 'operations of Lessee to be conducted in the demised premises . Lessee will pay all license fees , taxes and other charges by any governmental authority on Lessee ' s property or fixtures or business in the demised premises or relating to Lessee ' s use of the demised premises. Lessee- will not commit or permit any act or omission which results in the violation of any law, governmental regulation or insurance policy of Lessor relating to the Building or which will increase Lessor ' s insurance rates on the Building. 12. �� The following should be added at the end of Section 10: and Lessor shall be entitled to the full amount of any award or other payment in connection with any such taking. " 13 . The time periods of 60 days , which appear in three places on page 6, should be changed to 180 days, since if there were total destruction of the building, 60 days would be inadequate to rebuild. 14 . Section 15 should be revised to read as follows: The demised premises are exempt from real estate taxes. Based on the rent to be paid under the provisions of' this Lease, however, Lessor will be required to make payments to the County of Hennepin in lieu of real estate taxes . Lessee agrees that it will reimburse Lessor for any such payments to the County in lieu of real estate taxes . 15. In order to provide for fair and accurate reporting of the gross sales, the following two paragraphs should be added at the end of Section 17 : Lessee will keep in an orderly manner and at . .a location notice of which has been furnished to Lessor, a permanent accurate set of books and records . . of .,all purchases and sales of merchandise and all • DORSEY & WHITNEY • Mr . Victor P. .Seiler August 11, 1987 Page Five revenue derived from business conducted in the demised premises kept according to sound accounting principles. Lessee will keep excise tax reports, state sales tax reports (including quarterly and annual reports with information necessary to isolate sales from the demised premises ) , business and occupation tax reports, gross income tax reports, general ledgers, other financial registers or books of original entry, and monthly financial statements . Such records will be retained for at least two years after the expiration of 'each lease year. Lessor, or its duly authorized representatives, will have access, at all reasonable times during ordinary business hours, to the books and sales records of the Lessee for the purpose of inspecting and auditing to verify gross sales . Lessor agrees to keep all such information confidential.. If Lessor conducts an audit of gross sales and the audit • establishes gross -sales in an amount which exceeds the gross sales reported by Lessee by 2% or more, Lessee will promptly pay the cost of the audit. Lessor will provide Lessee with a copy of any audit conducted. 16 The, following sentence should be added at the beginning of Section 20 to *provide for the Lessee ' s payment of its share of the casualty insurance on the building: Lessee agrees that it will reimburse Lessor for % of the cost of insuring the Building against loss by reason of fire, storm, or other extended .or "all-risk" casualties . Upon payment by Lessor of the premiums for such insurance, Lessor shall submit to Lessee a statement of Lessee ' s share of .such insurance costs , and Lessee shall promptly reimburse Lessor for its percentage share. 17.. The liability insurance coverage.-in Section 20 is quite low. For' this type of business, there should be at .least $1, 000, 000. ' 18. We should insert the following at the end of Section 20 : • DORsEY 8c WHITNEY Mr. Victor P. Seiler August 11, 1987 Page Six Lessee shall keep all of its fixtures and equipment in 'the demised premises insured against loss- by fire or- other casualty and .shall provide Lessor with a- copy of, such insurance and evidence that the premiums have been- paid. 19. Section 21 should be revised to read as . follows : Lessor grants Lessee the option to extend the term of this Lease for two additional periods of five years each, subject to the following conditions : (a) At time Lessee exercises the option, Lessee is not in default under this Lease. (b) Lessee gives Lessor at least 6 months prior written notice of Lessee ' s election to extend. (c ). The extended terms will be on the same terms, covenants and conditions provided during the initial term, except there will be no further option to extend after the: second extension, and the monthly rent for each extension of the term. will be -an amount equal to the monthly rent for the previous 5-year period multiplied by a fraction, the numerator of which is the Consumer Price Index ( "CPI" ) most recently published at the commencement of the lease year in question, and the denominator of which is the most recently published CPI at the commencement of the term or the commencement of the preceding extension, as the case may be. In no event will the monthly rent for any 5-year period be less than the monthly rent for the preceding 5-year period. For purposes of this Lease, the term "lease year" means the 12-month period following commencement . of this Lease and successive 12-month periods thereafter . For purposes of this Lease, "Consumer 'Price .Index" or "CPI" means the Consumer Price Index for All • DoRSEY 8c WHITNEY Mr . Victor P. Seiler August 11, ' 1987 Page Seven Urban Consumers, Minneapolis-St. Paul, Minnesota-Wisconsin, All items (1967 = 100) , as promulgated by the Bureau of Labor Statistics of the" United States Department of Labor . If a substantial change- is made in the method of establishing- the CPI , the CPI wi.11. be appropriately adjusted to a figure that would have resulted had no such change occurred. If the CPI is not available, a reliable governmental or other non-partisan publication establishing a comparable index selected by Lessor will be used. (d) At .the request of either, Lessor and Lessee will execute and deliver appropriate documents covering extension of the term, the new • mont-hly rent and other terms of the Lease during the extended term. 20. Section 24 should be redrafted to be very specific as to what the Lessee ' s obligations are with respect to the equipment described on Exhibit A. This section should be very clear as to exactly, what costs- are the responsibility of Manning 's and when they have to commence and complete- their work. It should also state that a bond or letter of credit will be provided for this work, since contractors will have no lien rights against City property. 21. The additional paragraphs enclosed with this letter. should be included in the Lease . If you have any questions or comments. regarding the foregoing changes, .please let me know. If you have no questions or comments, would you please make the appropriate changes, and send me a copy of the revised Lease, marked to show the changes from the previous draft . Very truly yours, William R. Soth • WRS :gle Enclosure Relationship' of Parties . The relationship between • . the parties to this Lease shall .be and is .expressly one of landlord and tenant , and no partnership,- ,joint venture or other association or relationship exists between Lessor and Lessee. No employee of Lessee will be deemed an employee ' of Lessor, and no employee of Lessor will- be deemed an employee of Lessee. Each party will be responsible for the acts and omissions of only its own employees and not those of the other party. Competition. Neither Lessee nor any person, partner- ship, corporation or other entity under the control of Lessee or under common control with Lessee will own, operate -or manage a restaurant within a one-mile radius of the demised premises during the term of this Lease. Brokers . Lessor and Lessee represent and warrant one to another that neither of them has employed or otherwise used any broker or agent in relation to this Lease . Lessor will indemnify and hold Lessee harmless, and Lessee will indemnify and hold Lessor harmless , from and against any claims for brokerage or other commissions or fees arising out of any breach of the foregoing representation and warranty by the respective indemnitors. Sale by Lessor . Lessor ' s interest under this Lease ® I shall be freely assignable, and the obligations of Lessor arising or accruing under this Lease after an. assignment will be enforceable only against the assignee. Subordination. At the request of any mortgagee or ground lessor, this Lease will be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Building, and Lessee will execute, acknowledge' and deliver to Lessor any document requested by Lessor . to evidence the subordination. Estoppel Certificates . Within 10 days after written request from Lessor , Lessee will execute, acknowledge and deliver to Lessor a document furnished by Lessor, which document may be relied upon by Lessor and any prospective purchaser or mortgagee of the Building, stating (a) that this Lease is unmodified and is in full force and effect : (or if modified, that the Lease is in full force and effect as modified and stating the modifications ) , (b) the dates to which rent and other charges have been paid, (c ) the current monthly rent , (d) the dates on which the term begins and ends, . (e) that Lessee has accepted the premises and is in possession, (f ) that Lessor is not in default under this Lease, or, if Lessor is in default, -specifying any s-uch default , and • (g) including such other information as the prospective purchaser or mortgagee • may require. LAW OFFICES • VICTOR P. SEILER &• ASSOCIATES 955-GRAIN-EXCHANGE BUILDING ' ' 412 SOUTH-FOURTH STREET - - '- MINNEAPOLIS. MINNESOTA 53415-1477 . (612) 339-2711 VICTOR P. SEILER LEGAL ASSISTANT - JAMES P. WESTPHAL October 7, 1987 MARJORIE J. CAIN Mr. William Soth Attorney-at-Law 2200 First Bank Place East Minneapolis, Minnesota 55402 Re: City of St. Anthony - Manning°s Cafe,_ Inc-. Dear Mr. Sothe Enclosed, herewith please find an original and- three copies of revised Lease Agreement 'in the above -matter. '" One of the enclosed copies has been highlighted to reflect changes which have been made. The following comments are made in the order in which they were raised in your August 11, 1987 letter to me: 1. My client is willing to sign a personal guaranty and. I believe he will also provide a , letter of credit. I believe it would be appropriate for you to draft whatever personal guaranty your client wishes in this regard so that - .it is in - form acceptable to your client. 2. The description of the lease premises has been changed as suggested in your letter. I assume that you have Exhibit A and that it will be attached to the Lease prior to execution. 3. - The language which you - suggested for "operation of restaurant and storage inventory" has been inserted in the Lease. 4. - The language suggested - in your number four has been added to the Lease and I -have also added one, additional sentence. regarding :the earliest .date that the sixty (60) days period may commence. 5. The language suggested in� your number five has. been added- at the end of Section 2 of the Lease. 6. Section 3 has been revised as requested. Once again I assume that you - will . attach Exhibit ..B to the 'Lease prior to its execution. Mr. William 'Soth Page Two October 7, 1987 7. As suggested in your number seven, a portion of Section 5 has been deleted and we have added the language which you suggested. 8. Section 7 has been modified with the language which you provided to me. 9. Your number nine is no longer applicable since Section 7 has been completed revised. 10. The words "or by negligence of Lessor" have been deleted from Section 8. 11. The. language requested has been added to Section 9. 12. My client cannot agree to the language which you have requested in your number twelve. If there is a taking within the term of the Lease my client. would want to make a claim for the loss of the business and your requested addition of language • would appear to preclude that. 13. The time periods have been changed to 180 days. 14. Section 15 has not been revised as requested. I attempted to obtain information from the County as to my clients exposure with reference to payments in lieu of real estate taxes. I was unable to obtain this information and therefore at this time we cannot agree to this provision.. My client may be willing to agree to this provision if we are provided with information as to our exposure in this regard. 15. The requested language has been -added in -section 17. 16. The language has been added at the beginning of Section 20. My client is willing to pay casualty insurance .based on the square footage which he is renting in proportion to. the square, footage of the entire building. A computation as to this percentage must be agreed upon by the parties to the Lease. 17. The liability insurance coverage has been changed as requested. 18. This language has been added in Section 20. 19. Section 21 has been revised as requested. • 20. Section 24 has been redrafted to include specific - language relative to Lessee°s obligation with respect to the equipment which is now described in Exhibit C since we already have an Exhibit A and B. Mr. William -Soth Page Three October 7, 1987 21 . The additional paragraphs requested have been included in the lease as paragraphs numbered 25 through 30. It would appear that our clients are basically in agreement on this lease. If you have questions or comments, please give me a call. Your very truly YI R P I R & ASSOCIATES ctor filer YPS:mjc Encs. . C 2.TY O F S T . ANTHONY . HOU S =N G AND RED EVE L OPMENT AUTHO R 2 TY AG ENDA OCTOBER 13 198 "7 A. Call to Order. B. Roll Call. C. Approval of September 22 , 1987 H.R.A. Minutes. D. Claims. 1 . Development Advisory Services - $1 ,732 . 04 . 2 . Dorsey & Whitney - $2 , 673 . 25. 3 . Title Insurance Co. - $200 . 00 . E. H.R.A. Resolution 87-003 , re: Redevelopment Contract with Wilson Street Associates. F. Adjournment. S T C 31 TY- O F e ANTHONY • HOUS3'NG AND REDEVELOP.MENT • AUTHOR2 TY M=NUTES• SEPTEMBER 2 2. 1 3.8 7 ' 1 The meeting was called ' to -order by Chairman Sundland .at 10: 1-5. :P.M.. 2 Present: Sundland, Secretary/Treasurer Marks , and Commissioners 3 Ranallo and 'Makowske.- - 4 Absent: Vice Chair Enrooth: , 5 Also present: David Childs; Executive Director 6 William Soth, H.R.A. Attorney 7 AUGUST 25 , 1987 H.R.A. MINUTES 8 Motion by Marks, seconded by Ranallo -. to approve with the following 9 change: 10 Page 3 , line 4 : Substitute "accent" for "accept" after "to" 11 Motion carried unanimously. 12 CLAIMS *3 Motion by Marks, ze'conded by Ranallo, 'to approve payment of $1 , 10.1 . 25 14 to the Dorsey & Whitney law firm for legal services to the H.R.A. . 15 during July, 1987 . 16 Motion carried unanimously. 17 PROGRESSREPORT ON KENZIE PROJECT AND REDEVELOPMENT AGREEMENT 18 The agenda packet included Mr. Krier ' s September 16th report and 19 advisory letter to Mr. Arkell on the above. 20 The Executive Director gave the sequence of events he expected to be 21 followed in the next 20 days, telling the Commissioners: 22 staff met with the redevelopers the previous Thursday and 23 "things are progressing very well" ; 24 the center owner wants more than twice what the H.R.A. is 25 willing to pay . for the shopping center property; 26 the redeveloper is therefore going to be instructed to sell and 27 place- the Housing Revenue Bonds , thereby removing any risk for 28 the City before acquiring the land; 9 after the bond sale is- completed, staff would start to acquire 0 the land, perceiving to wait. would only delay construction for 31 two months; 32 in the meantime , all preparations are being made for -acquisi- 33 tion including new appraisals , soil testing, etc. 1 1 Mr. Krier- met with the=-.MCDA staff person last 'Friday and the • �2 consultant, Mr. Childs;- and. Commissioner Ranal,lo have scheduled . 3 a meeting with Alderman Dziedzic the, following day to see what. 4 alternatives the Alderman has come up with;.' 5 the. redeveloper .- and Mr. Kr er.. intend to meet with the' Min= 6 neapolis neighbors prior to the October l3th' H.R.A. meeting 7 where it is hoped staff would be able to present the Re- 8 development Agreement with the Gaughan Company for approval; 9 the Letter of Credit would be signed -by the redeveloper; 10 and, the hearings on the. P.U.D. amendment could be scheduled.. . 11 Mr. ,Soth pointed out that even though the September 15th deadline 12 for acquiring the land hadn' t been met, at least the City now had a 13 redeveloper who was meeting all the H.R.A. ' s - demands for the 14 project. He indicated that if when the new appraisals are completed 15 the center owner is still unwilling to sell his property for a 16 reasonable amount, condemnation process will have to be initiated, 17 which could take several months. In that event, the H.R.A. Commis- 18 sioners will be able to set the price on the property. 19 ADJOURNMENT 20 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony • 21 Housing and, Redevelopment Authority meeting at 1.0: 25 P.M. 22 Motion carried unanimously. 23 Respectfully submitted, 24 Helen Crowe, Secretary i 25 :cjk 26 2 DEVELOPMENT ADVISORY SERVICES 7404 Girard Avenue South, Minneapolis, MN 55423 Telephone (612) 861-4213 September 16, 1987 Mr. David Childs Executive Director St . Anthony Housing and Redevelopment Authority 3301 Silver Lake Road St . .Anthony , MN 55418 I N V O I C E for August Consulting Services Date Hours ® Principle August 5 1 . 15 August 10 2.0 August 11 4.5 8 miles August 14 3. 5 August 24 2.0 31 miles August 25 5. 75 August 27 , 1.0 "TOTAL 19.9 hours ® $85/hr = $1 ,691 .50 Mileage 39 miles ® 210/mile 8. 19 Postage 1. 10 Typing 1.25 hours ® $25/hour 31.25 TOTAL DUE THIS INVOICE $ 11732. 04 There will be a finance charge of 1 . 5% per month (18% annual percentage rate) applied to all invoice amounts which have become more than 30 days past due . DORSEY & WHITNEY .� Pwwrrr wan.v IHrLC UIwu Pwnren.wrw Cowvuwuiow. 3300 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 1 0121 340-2600 (Internal Revenue Account No.410223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES September 30, 1987 Mr. David R. Childs Executive Director Housing and Redevelopment Authority of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 Re: Housing and Redevelopment Authority For legal services rendered from August 1, 1987, through August 31, 1987 , including: Attend HRA Meeting of August 25, 1987 : $ 222 . 00 New Developer : Telephone representatives of Walker Methodist, Stuart Construction and Lang-Nelson; meet with Stuart Construction and R. Krier re financial statements; review Request for Proposals; review Proposals; meet with D. Krier and G. Bronk (Lang-Nelson) ; telephone R. Sonnek re Stuart Construction; meet with B. Bain re. Walker Methodist financial information; telephone G. Bronk; meet with D. Krier and G. Sherman (Sherman-Boosalis ) ; conference call with B. Bain, E. Roberts and D. Krier; telephone D. Childs; review Stuart/Walker, Kraus-Anderson Proposal ; telephone R. Sonnek re developers; telephone D. Childs; telephone Mayor; telephone B.. Bain; meet with D. Childs and D. Krier re selection of developer; conference with Mayor; telephone conference with R. Krier ; conference with L. Knott; prepare Redevelopment Contract; inter-office conference with J. Gilligan; telephone call with P. Brinkman; conference with J. Gilligan re payoff of one bond issue : $2, 451. 25 TOTAL FEES: $2, 673.25 WRS :gle 615 178820 : 80, 81 Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. MINNI:S01'A TITLE TITLE INSURANCE COMPANY OF MINNESOTA TM 400 SECOND AVENUE SOUTH 320 EAST MAIN STREET 112 W.THIRD AVENUE MINNEAPOLIS,MINNESOTA 55401 ANOKA,MINNESOTA 55303 SHAKOPEE,MINNESOTA 55379 (612)371-1111 (612)421-2550 (612)445-3196 ACCOUNT NUMBER STATEMENT DATE PAGE 7544- 9/23/87 1 ACCOUNT OF: SOTH BILL ATTORNEY 2200 FIRST BANK PLACE EAST C/O DORSEY 'WHITNEY MINNEAPOLIS MN 55402 WE APPRECIATE YOUR BUSINESS DATE TYPE ORDER INVOICE REFERENCE CHARGES BALANCE NUMBER NUMBER i I I I I 9/i7/87 28 A0' 7-66332 192813 SALITERMAN• MAX 200; 00 200100 I I I I Ii j j I I I � I � ' i I I I I ' j i I i � I I � I i I I , i I I I � I I i I i I I I I � I I � I I I I I I I I I I I TYPE CODES i•it :..r.t�: .. S:11r\• IS 'A\�E ARCH 25 SPECIAL ASSESSAIE.\T SEARCH '.. t` 19 OTHEH IITLf 1% WE :! ABSTRAi I `ELS SERL ICES .. •• �-\...'.. ABiIHAiT E;t� ABSTHAC'.EtS lA\I'ELI ATI:•\ . _ .. ... .. HE61ST.Ht:` 29 ABS,H>•I -ES �'lHlH DOBSEY & WHITNEY 'A PAR-09"1P INCLUDWO PRDPC9910NAL CORPO MT10N9 2200 FIRST BANK PLACE EAST 350 PARR AVENUE' - MINNEAPOLIS, MINNESOTA 55402- 1200 FIRST INTERSTATE CENTER.. NEW YORE,NEW YORE 10022 (612)340-2600 401 NORTH 31- STREET (212)4115-9200 P'0.BOX 7188 TELEX 29-0605 BILLINGS, MONTANA _59103 'J40 FIRST NATIONAL BANK BUILDING • (406)252-3800 P. O. BOX 848 TELECOPIER (612)[140-2868 ROCHESTER,MINNESOTA 55903 201 DAVIDSON BUILDING (507)288-3156 8 THIRD STREET NORTH 510 NORTH CENTRAL LIFE TOWER CHEAT FALLS, MONTANA 59401 445 MINNESOTA STREET (406)727-3632 ST.PAUL,MINNESOTA 55101 WILLIAM R. SOTH, P.A. (612)227-8017 - 127 EAST FRONT STREET (612) 340-2969 M ISSOULA,MONTANA 59802 315 FIRST NATIONAL BANB BUILDING (406)721-6025 WAYZATA,MINNESOTA 55391 5, (612)475-0373 `1 9 8 7 .30 RUE LA BOETIE October 3 GRACECHIIRCH STREET 75008 PARIS,PRANCE LONDON EC3V OAT, ENGLAND 011-33(1)43-59-13-B5 01-929-3334 011-33(1)45-62-32-50 Mr. David M. Childs Executive Director Housing and Redevelopment Authority of St. Anthony, Minnesota 3301 Silver Lake Road Minneapolis , Minnesota 55418 Dear Dave : Enclosed is a bill from Title Insurance Company of Minnesota for the title information which they provided to us earlier on the Saliterman property. If you have any questions on this , please let me know. If not, would you please make payment directly. Verb truly yours , Wiliam R. Soth WRS :gle Enclosure • H.R.A. RESOLUTION 87-003 A RESOLUTION AUTHORIZING THE REDEVELOPMENT CONTRACT WHEREAS., Minnesota Statutes authorize the St. Anthony Housing and Redevelopment Authority (H.R.A. ) to enter into a Contract for Redevelopment of property within a Redevelopment -Project Area; and WHEREAS, the H.R.A. has duly adopted a Redevelopment Plan, es- tablished a Redevelopment Project_ Area and established a Redevelop- ment/Housing Tax Increment Financing District; and WHEREAS , the Planning Commission and City Council have approved such Redevelopment and Tax Increment Financing Plans; and WHEREAS, the H.R.A. entered into an original Redevelopment Contract with Arkand Partnership dated May 23 , 1983., which Contract was subsequently amended by various amendments (the "Arkand Contract" ; and WHEREAS, it has been deemed to be in . the best interests of the H.R.A. and the City of St. Anthony to terminate the Arkand Contract with respect to those portions of the Redevelopment Project which have not • yet been completed under the Arkand Contract, and to enter into a new Redevelopment Contract with Wilson Street Associates, a Minnesota general partnership ( "Wilson" ) , for any remaining portions of the development to be completed within the Redevelopment Project -Area; and WHEREAS, a form of Redevelopment Contract acceptable to the Executive Director of the H.R.A. , the H.R.A. ' s Attorney and the H.R.A. ' s consultant, and acceptable . to Wilson, has been submitted to the H.R.A. for approval. NOW, THEREFORE, BE IT RESOLVED that the H.R.A. , having reviewed the proposed Redevelopment Contract with Wilson, hereby authorizes the H.R.A. ' s Executive Director, Attorney and Consultant 'to finalize the Redevelopment Contract with Wilson and to prepare such documents as may be necessary with respect to termination of the Redevelopment Contract with Arkand, and further authorizes the H.R.A. Chairman and Secretary/Treasurer to execute the new Redevelopment Contract with Wilson on behalf of the H.R.A. and to execute such documents as may be necessary for termination of the Arkand Contract insofar as it relates to those phases of the project which have not yet been completed under the Arkand Contract. Adopted this day of 1987 . • • 3 -2- Chairman Secretary/Treasurer ATTEST: Executive Director REDEVELOPMENT CONTRACT KENZIE TERRACE REDEVELOPMENT PROJECT HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA AND WILSON STREET ASSOCIATES October 1987 • TABLE OF CONTENTS • Section 1 . 1 Definitions Section 2 . 1 Representations and Warranties By HRA Section 2 .2 Representations and Warranties By Redeveloper Section 3 . 1 Acquisition Section 3 . 2 Purchase and, Conveyance Section 3 . 3 Condemnation Contests Section 3 .4 Title Section 3 . 5 Time of Conveyance Section 3 . 6 Real Estate Taxes and Special Assessments Section 4 . 1 Construction of Minimum Improvements • Section 4 . 2 Construction Plans Section 4 . 3 Commencement and Completion of Construction Section 4 .4 Certificate of Completion Section 4 . 5 Security for Performance Section 5 . 1 Defense of Claims Section 5 . 2 Insurance Section 5 . 3 Condemnation Section 6 . 1 Tax Increment Guarantee Section 6 . 2 Taxes and Valuations Section 7 . 1 Mortgage Financing Section 7 . 2 Limitation Upon -Encumbrance of Property • • Section- 7 . 3 Approval of- Mortgage , - Section 7 .4 ' Copy of Notice: of Default of Mortgagee Section 7 . 5 Mortgagee' s Option to Cure. .Def•ault Section 7 . 6 HRA' s Option to Cure Default on Mortgage Section 8 ..1 Representations.- as to Redevelopment Section 8 . 2 Transfer - of Ownership, Section 8 . 3 Transfer of Property and Assignment Section 8 . 4 Information as to Ownership of Redeveloper Section 9 . 1 Events of Default Section 9 . 2 Remedies on Default Section 9 . 3 Revesting of Title Section 9 . 4 Resale of Reacquired Property • Disposition of Proceeds Section 9 . 5 No Remedy Exclusive Section 9 . 6 Waivers Section 10 . 1 Conflict of Interests; HRA Repre- sentatives Not Individually Liable Section 10 . 2 Equal Employment Opportunity Section 10 . 3 Restrictions on Use Section 10 . 4 Provisions Not Merged With Deed Section 10 . 5 Titles of Articles and Sections Section 10 . 6 Notices and Demands Section 10 . 7 Counterparts Section 10 . 8 Termination Section 10 . 9 Arbitration • Section 10 .10 Letter -of Credit : • Section 10 . 11 Reasonable ,.Consent of -Parties Schedule A.- Redevelopment Property Schedule B Minimum Improvements Schedule C Time Table Exhibit A Form of Deed Exhibit 1 to Deed Certificate-. of Completion Exhibit 2 to Deed Covenants and Restrictions Exhibit B Form of Letter of' Credit Exhibit C Form of Assessment Agreement Schedule A to Assessment Agreement Legal Description Schedule B to Assessment Agreement Statute Assessor ' s Certification • REDEVELOPMENT CONTRACT THIS AGREEMENT, -'made as of October 1987:, by and. between the .HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic (the ."HRA" ) , established pursuant to Minnesota -Statutes, Se°ctions 462 .411-462 . 711 (the "Act" ) ; and WILSON STREET ASSOCIATES, a Minnesota general partnership ( "Red'eveloper") . WITNESSETH: WHEREAS, the HRA was created pursuant to Section 462 .425, Subdivision 1, of the Act. and was authorized to transact business and exercise -its powers by a resolution of the City Council of the City of St . .Anthony (the "City" ) adopted on Jul 14 1981 pursuant P y p t t.o Section 462 .425' -of -the Act; and WHEREAS, in furtherance of the objectives of the Act, and in particular, Sections 462.. 445-, Subdivision 1(4)', 462 .421, Subdivision 13 , 462 . 515 and 462 . 521 of. the Act , the HRA has undertaken a program for the clearance and reconstruction of blighted, deteriorated; deteriorating, vacant, unused, underused or inappropriately used, areas of the City and in this connection is engaged in carrying y g o ut a redevelopment • project known as the Kenzie Terrace Redevelopment Project (the "Project" ) in an area (the "Project Area_") located' in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the HRA. and the City Council pursuant to Sections 462 . 515' and 462 . 521 of the Act a redevelopment plan for the Project , dated May, 1982 (the "Redevelopment Plan" ) ; and WHEREAS, on June 28 , 1982 the City Council adopted a resolution establishing the Project Area as a tax increment financing' district; and WHEREAS, the major objectives of the Redevelopment. Plan are to : acquire for redevelopment economically or functionally obsolete or underutilized buildings and land; provide a redevelopment site of a character that will encourage future development of the area and improve sources of public revenue; eliminate blighting influences which impede potential development; , provide maximum opportunity for '- redevelopment by private enterprise consistent with the needs of the City as a whole; and encourage private rehabilitation of structures within the Project Area ; and • WHEREAS, in- order• to achieve the objectives of the • Redevelopment Plan, the HRA intends . to .provide aid and assistance .to the Project through the sale of bonds by the HRA or ,the - City to .finance the..public costs of the .redeve.lopment of the Project Area; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan, the HRA is prepared to acquire certain real property located in .the Project Area, more particularly - described in Schedule A attached hereto (the "Redevelopment Property") , and convey the Redevelopment Property to Redeveloper in, accordance with this Agreement; and WHEREAS, the HRA believes that redevelopment of the Project Area pursuant to this Agreement is in the best interests of the City and benefits the healt-h, safety, morals and welfare_ of its residents, and complies with the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this . Agreement, the. parties hereto hereby agree as follows : ARTICLE I Definitions • SECTION 1 . 1 . Definitions . In this Agreement, unless a different meaning clearly appears from the context : "Act". means Minnesota, Statutes, Sections 462 .411 to 462 . 711 . "Agreement" means this *Agreement, as the same may be from time to. time modified, amended or supplemented. "Arkand Bonds" means those certain Multifamily Housing Bonds (Arkand Limited Partnership II Housing Project) in the aggregate principal amount of $11, 175, 000 issued by the City pursuant to Minnesota Statutes, Chapter 462C and those certain Multifamily Housing Bonds (Arkand Limited Partnership III Project) in the aggregate principal amount- ,of $11, 990, 000 issued by the City pursuant to Minnesota Statutes, Chapter 462C. "Article" means an Article of this Agreement . "Assessment Agreement" means an Assessment Agreement in the form of Exhibit C attached hereto and made a part hereof . "Assessor ' s Market Value" means the market value of .real property as determined by the assessor for the City in accordance with Minnesota Statutes , Section 273 . 11 . • -2- :.� "Assessed .Va.lue" means .:the .,value of -real property 'as -determined'. by .the assessor for the ,..City,�in -accordance with- Minnesota Statutes, Section :273 ::13..against which the real property .tax - is imposed . ".Bonds" means revenue bonds or general obligation bonds issued by- the HRA or by the City to finance acquisition of the Redevelopment Property (and related costs) by the HRA. The ' term "Bonds" shall also -include any revenue bonds or general obligation bonds issued by the HRA or the City to refund any Bonds . "Certificate of Completion" means ,; a certification in -the form attached as Exhibit 1 to a Deed, to be provided to 'Redeveloper, or a purchaser of part of the Redevelopment Property, pursuant to this Agreement . "City" means the City of St . Anthony, Minnesota . "Condemnation 'Award 'means the -amount remaining from an award to Redeveloper for public acquisition of titl,e -to and possession of the Minimum Improvements, or any material part thereof ; after deducting -all expenses (including fees and disbursements of counsel) incurred in the collection of such award . • "'Construction Plans"' means the plans, specifications', drawings and related documents for the construction work .to be performed by the Redeveloper on the Redevelopment 'P.roperty, which (a) shall be at least as detailed ' as the plans, specifications , drawings and related documents which are submitted to. the building inspector of the City and (b) shall include' at least the following : ( 1) site plan; (2) foundation plan; (3) basement plans ; (4) floor plan for each! floor; (5) elevations on all sides; . (6) :landscape plan; (7) grading plan; and (8) utility plan. "Deed" means a deed by HRA to Redeveloper for one or more of the Phases .of the Redevelopment Property in the form attached hereto as Exhibit A. "Event of Default" means an--act or omission:- by the Redevel-oper or .the HRA identified as such in Article X. "Guarantor" means Patrick J. Gaughan. "Lett:er of Credit"-. means the irrevocable bank letter of credit in .the amount of $360, 000, in the form attached hereto as Exhibit B.. -3- "Minim um..,Improvements" means: the improvements,:described in Schedule, .B attached to this Agreement . "Maturity Date" means the date, with respect to a given issue of Bonds, when the principal, premium (if any) , and interest on the Bonds are paid in full . "Minnesota Environmental Policy-Act" .means Minnesota. Statutes, Sections 116D..01, at seq. , as amended. "Mortgage" means any mortgage made- by Redeveloper which covers, in whole or in part, the Redevelopment Property and is approved by the HRA under-Article VII . "Mortgagee" means the owner or holder of a Mortgage.. "Net Proceeds" means any proceeds paid by an insurer to Redeveloper and the HRA under a policy or policies of insurance required under Article V and remaining after deducting all expenses ( including fees and disbursements of counsel) incurred in the collection of the proceeds . "National Environmental Policy" Act", means the federal -law 42 U. S.C..-§§4331 et seg. , as amended. "Permitted Encumbrances" means easements for drainage, public • streets, sanitary sewer, water and other utilities and such other easements or nights-of-way as presently exist within the Redevelopment Property "and which do not interfere with the . Project, reservations of minerals and mineral rights, building and zoning laws and ordinances and all other local , state and federal laws and regulations . "Pro-ject" .means that portion of the redevelopment project in the City known and referred to as the Kenzie Terrace Redevelopment Project which is to be located on the Redevelopment Property. "Project Area" means the area designated for redevelopment by the HRA pursuant to the Act . "Proposal" means Redeveloper ' s proposal dated August 10, 1987 for redevelopment of the Redevelopment Property as submitted to the HRA, with any subsequent amendments approved by the HRA. "Purchase Price" means $700, 000 , to be paid ' by Redeveloper for the- Redevelopment Property. "Redevelopment Plan" means the plans for the Project dated May, 1982, as amended. • -4- '1 . . "Redevelopment . Property",:means' ,'-the .property described on Schedule A. "Ref.unding means the issuance• of' refunding bonds for purposes of repayment -of the Arkand ,Bonds sufficient to• provide financing. -fox -:the construction of the Minimum Improvements on the Redevelopment Property and such that the financing is . available to be drawn upon by the Redeveloper. - "Restrictions" means the easements, covenants, conditions and restrictions set forth in Exhibit 2- attached to a Deed. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes . Time Table" means the schedule of performance dates for certain actions by Redeveloper under this Agreement, attached hereto as Schedule C and made a part hereof . "Unavoidable Delay" means a failure or' delay in a party' s performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party' s reasonable control, including but not limited to acts of God, • governmental agencies , the other party, strikes', labor disputes (except disputes which could be resolved by using union labor) , fire or other casualty, or lack of materials; provided that within 10 days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the- delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within 10 days after the cause of the delay has ceased to exist . The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable- Delay- shall -not extend performance of any obligation unless the notices . required in this definition are given as herein required. - ARTICLE II Representations and Warranties Section 2 . 1 . By HRA. HRA makes the following representations to Redeveloper : (a) HRA is a housing and redevelopment authority duly organized- and .existing..under the laws of Minnesota . . ' Under the provisions - of the Acts HRA has the power to. .enter into this . Agreement and carry •,out .its. .obligations hereunder: • -5- . (b) ..-The Project is a "redevelopment . proj:ect�" -within . the meaning ,o;f the .Act -a_nd was created, adopted 'and approved in accordance .with .the terms of the Act. (c) HRA proposes to (i) acquire the Redevelopment Property by..ne,gotiation or condemnation,.. .(ii) relocate the existing tenants.- from. t-he Redevelopment Property; and (iii) ' sell- the Redevelopment Property to.. the Redeveloper for redevelopment in accordance with the Redevelopment Plan and Proposal . (d) To finance -the activities to be undertaken -by the HRA, the HRA, proposes to -use the proceeds of Bonds . -and pledge tax increments generated by the Project Area to payment of the Bonds - (e) - HRA makes no representation or warranty that -it will - successfully acquire all of the Redevelopment Property. (f) HRA makes no representation or warranty that the Redevelopment Property- soils or other conditions are suitable for the intended redevelopment . Section 2 . 2 . By Redeveloper . Redeveloper represents and warrants that : (a.) Redeveloper is a corporation duly organized under the laws .of the State of- Minnesota, has power,- to enter into this Agreement-, and has. duly .authorized the execution, delivery and pe'rformance of this Agreement . (b) Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan, the Act , and all local, state and federal laws and regulations , including, but not limited to,, energy conservation, environmental, zoning, building code and public health laws and regulations, the National Environmental Policy Act , the Minnesota Environmental Policy Act , and the Critical Areas Act of 1973 . (c) The Minimum Improvements will be constructed so as to have an Assessed Value of at least $ (d) Redeveloper has received no notice or communication from any- local ,. state or federal official that the activities of Redeveloper or HRA in the Project Area may be or will be _ in violation of any environmental. law or regulation. . Redeveloper is. aware of no facts - the existence of which would cause it to be in violation of any local, state or federal environmental l'aw, regulation or review procedure or • -6- • which. wou.ld:give• any ,.person - a valid ciaim'under .the -Minnesota Environmental Rights Act-: . , (e) Redeveloper will complete the Minimum Improvements according- to the Time. Table. (f) Neither the execution' or delivery of this Agreement, the consumation of the transactions' contemplated hereby, nor the fulfillment of or compliance -with the terms and conditions of this Agreement is prevented by,, -limited by, conflicts with, or results in a breach - of, - any restriction, agreement or instrument to which Redeveloper is now a party or by which it is bound . ARTICLE .III Acquisition and Conveyance of Redevelopment Property Section 3 . 1 . Acquisition. The HRA shall' use its best efforts to acquire the Redevelopment Property for conveyance to Redeveloper if the following conditions are first satisfied: (a) Redeveloper . has submitted to HRA, and -HRA has approved,,,-_ " proof that the Redeveloper- has completed the Refunding; (b) Redeveloper is in compliance with this -Agreement 'and all conditions to performance by HRA have been satisfied; (c) in • the reasonable opinion of the HRA' s Bond consultant, the City will be able to repay the Bonds in 'a timely mariner solely from tax increment funds generated by the Project and other revenues specifically pledged to the Bonds; and (d) the. available proceeds of the Bonds will be sufficient to pay all .costs which will be incurred by the HRA in acquiring title to., and possession of, the Redevelopment Property. Section 3 .2 Purchase and Conveyance-. Redeveloper agrees to purchase the Redevelopment Property from the HRA in accordance with this Agreement . The HRA shall convey. title and possession of the Redevelopment Property• to the Redeveloper by execution and delivery of the Deed to Redeveloper . Conveyance of the Redevelopment Property and Redeveloper ' s use of the Redevelopment Property shall be subject to the Permitted Encumbrances and to all of the conditions, covenants , restrictions and limitations imposed by the Redevelopment Plan, this Agreement, the Deed and the Restrictions . Section 3 . 3 Condemnation Contests . .. Upon execution' of' this .Agreement and delivery of the Letter of Credit to the HRA, ` .the HRA shall commence negotiations for acquisition of the Redevelopment. Property. If a petition for condemnation of interests in the Redevelopment Property is not granted, then - this. Agreement may be terminated- by the HRA by , written notice • -7- to. Redevelo.per .- HRA may in. its- sole discretion, choose to • appeal any. judgment denying 'a petition. If the interests in the Redevelopment Property for which a petition was denied are acquired by -HRA- pr.ior to termination of thi's Agreement, then HRA shall convey such interests to Redeveloper, subject ,to performance by Redeveloper of all of its obligations which are conditions to. such conveyance. Section 3 .4 Ti le. Prior to acquisition of the Redevelopment Property by the -HRA, the Redeveloper shall obtain a commitment- for title insurance covering the Redevelopment Property and- naming the HRA -and Developer as insureds . Within - 10 days after receipt of the commitment by Redeveloper, Redeveloper shall make any objections to title in writing or the objections will be deemed waived. If objections are so made, HRA shall be allowed 120 days to have the title made marketable. Pending correction of title, acquisition of the property by the HRA and the payments required hereunder from Redeveloper shall be. ,postponed, but upon correction of title and within 10 days .after written notice to Redeveloper, this Agreement shall be performed according to its terms . If a title insurance policy is issued, Redeveloper shall pay all premiums and other -coasts thereof except the cost of any premium attributable to title insurance for the benefit of the HRA in excess of $700,000.. Section 3 . 5. Time of Conveyance . • (a) Subject to satisfaction of all of the terms and conditions of this Agreement , HRA shall execute and deliver to Redeveloper a Deed' for the Redevelopment Property on ' the date title has vested in HRA, or on such other date as HRA and Redeveloper mutually agree upon in writing . Redeveloper shall pay the Purchase Price and accept the Deed within 30 days after receipt of a notice from HRA. (b) Redeveloper shall take possession of the Redevelopment Property in an "as is" condition on the day of execution and delivery of the Deed. (c) Unless otherwise agreed, delivery of the Deed and payment of the Purchase Price shall be made at the principal office of the HRA' s attorneys . (d) The Deed shall be in recordable form and shall be promptly recorded �at Redeveloper ' s expense. (e) At the time of the delivery of the Deed, - the Redeveloper and the HRA shall execute and deliver the Assessment - Agreement . Prior to, execution and delivery of the • -8- Assessment Agreement, the,-Redeveloper shall have obtained the - signa.tu_re o,f . the _Hennepin County Assessor ..on the Assessor ' s Certification .portion of the Assessment Agreement . The Assessment Agreement shall. be in recordable form, shal-1 be promptly- recorded at Redeveloper ' s expense, and shall be prior to any Mortgage. Section 3 . 6 ., Real Estate Taxes and Special Assessments . On or before the date of closing of the sale of the Redevelopment Property to Redeveloper, HRA shall pay all real estate .taxes .due and payable with respect to the Redevelopment Property prior to the closing date, and Redeveloper shall pay all real estate taxes payable thereafter . At the time of closing; the amount -of real. estate. - taxes payable in the year of closing, ,shall be prorated between the HRA and Redeveloper as of the date of closing. The HRA shall convey the Redevelopment Property to Redeveloper free of any levied or pending special assessments . ARTICLE. 1-V Construction of Minimum-Improvements Section 4 . 1 Construction of Minimum Improvements . Redeveloper will construct -the Minimum Improvements without • encroachment onto any other :property all in- accordance with the Construction Plans and Time Table. Se.ct.ion 4 . 2 Construction Plans . Redeveloper shall submit Construction Plans to the HRA according to the Time Table . The Construction Plans shall provide for construction of the Minimum Improvements inconformity -with the Redevelopment Plan, the Proposal , this 'Agreement, and all agplicable 'state and local laws and regulations . The HRA shall approve the Construction P1'ans in writing if, in the sole discretion of the HRA, the Construction Plans : (a)* substantially conform to the proposal- and subsequent amendments approved by the HRA; conform to the terms and conditions of this Agreement ; (b) conform to the terms and conditions of the Redevelopment Plan; (c) conform to all applicable federal , state and local laws , ordinances, rules and regulations ; (d) are adequate to provide for construction- of- the Minimum Improvements ; (e) provide for demolition of existing buildings; (f) provide for minimum disturbance to neighboring properties during demolition of the existing buildings . and construction of the Minimum Improvements ; (g) do not provide for expenditures. in excess of the funds available to Redeveloper for the demolition of existing buildings and construction of the Minimum Improvements ; and (h) no Event of Default has occurred . • -9- No approval by the,.HRA. shall relieve Redeveloper of • the :obli•gation to comply .with. the 'terms of :this - Agreement, the. :terms- of the Redevelopment :Plan, applicable federal, state and local l-aws, - ordinances,.•, rules and regulations, -or- to properly demolish. the. existing buildings or construct the Minimum - Improvements . No approval by the HRA shall constitute a waiver of an Event of Default . Any disapproval of the Construction Plans shall set forth the reasons therefor, and shall be made i within 60 days after .the. date of their receipt by the HRA. If ` HRA rejects the Construction Plans, in whole or in part, Redeveloper shall submit new or corrected Construction Plans within- 30 days .after wr'it.ten notification to Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall conti-nue to apply until the Construction Plans have been approved by HRA. Section 4 . 3 _Commencement and Completion of Construction. (a) As soon as reasonably possible after conveyance to Redeveloper, Redeveloper shall have the existing buildings on the property demolished and shall have all debris removed, all in accordance with the HRA' s demolition specifications . Redeveloper will thereafter provide the HRA with a statement in form and detail reasonably satisfactory to the HRA showing the • costs of such work . HRA shall reimburse Redeveloper for such costs , but payment of such demolition costs by the HRA shall not exceed $90 , 000 . No reimbursement shall be made until all . demolition -and debris removal has been completed. (b) Subject to Unavoidable Delays, Redeveloper shall commence construction according to the Time Table or on such other date as the parties shall mutually agree . Subject to Unavoidable Delays , Redeveloper shall complete construction of the Minimum Improvements in accordance with the Time Table . All ,work with respect to the Minimum Improvements shall be in conformity with the Construction Plans approved by the HRA. Redeveloper shall promptly begin and diligently prosecute to completion -the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements . Redeveloper shall' make reports , in such detail and at such times as may reasonably be requested by -the HRA, as to the actual progress of- Redeveloper with respect to construction of the Minimum Improvements . (c) Redeveloper shall not interfere with, or construct any improvements over, any public street or- utility easement without -the -prior written approval of the City.. - All connections to public- utility lines and- facilities shall be • -10- subject to approv.al .of. the City and any---private'. utility company .involved. . Except for .public. improvements which are assessable -by : the City or other gove'rnmental �bod.y :against o.ther 'benefited properties; all street and utility installations, ,relocations, ' altera.tio.ns and restorations shall. be at Redeveloper ' s expense and without expense to - the City or the HRA. Redeveloper . acknowledges that certain utilities in existing easements may need to be relocated -at Redeveloper ' s expense. Redeveloper - at its- own expense shall replace any .public facilities or utilities damaged during demolition or' construction. Section 4 .4 Certificate-" of Completion. (a) Promptly after completion of the Minimum Improvements. in accordance with this Agreement, Redeveloper will provide the HRA with a certificate of substantial completion from Redeveloper ' s architect, and the HRA will furnish Redeveloper with an appropriate Certificate of Completion as conclusive evidence of satisfaction and termination= of the agreements and covenants of this Agreement and the Deed (except as to the restrictions in the Deed which expressly survive the filing of the Certificate of Completion) with respect to the obligations of Redeveloper to construct the Minimum Improvements in that Phase. The Certificate of Completion shall not constitute evidence of compliance with or • satisfaction of any obligation of Redeveloper to ' any Mortgagee. (b) If the HRA shall refuse or fail to provide a Certificate of Completion, the HRA shall; within 15 days after written request by Redeveloper, provide Redeveloper with a written statement specifying in what respects Redeveloper has failed to complete the Minimum Improvements in accordance with this Agreement, or -is otherwise in default, and what measures oz acts will be necessary, in the opinion of the HRA, for Redeveloper to obtain the Certificate of Completion. (c) The construction of the Minimum Improvements will be deemed subs-tantially- completed when the City has issued a certificate of occupancy for the all of the Minimum Improvements and has made a finding that the improvements conform to the Construction Plans . Section 4 . 5 Security for Performance . (a) , If Redeveloper (i) fails to submit Construction Plans which conform to the Proposal, or fails to submit proof that the Redeveloper •ha-s completed .the Refunding, which -Plans and proof are approved by the HRA, in the time periods required; (ii,) fails to accept the Deed and''pay the Purchase Price as .required under this Agreement ; or (iii) fails -to • -11- commence. or :complete. construction of the Minimum' Improvements • as requ,ired:, under this. Agreement;: then. the HRA may give •written -notice .to, Rede:ve-loper of the - occurrence of such event. If• Redeveloper .has not cured such failure or -f-ai-lures within 30 days (or .such -shorter period as may remain prior to expiration of the Letter .of Credit) after- delivery of such notice, (or, if the fai.lure _is by its nature incurable within 30 days, has - not f.urni:shed to the HRA assurances acceptable to . the HRA that the Redeveloper can and will cure such failure or- failures) then the HRA- may .(i) draw .on the Letter of Credit, (ii) take possession of and utilize in completion of the work such materials and .equipment- as may be on the site of the work and necessary therefor, (iii) sell all or any part of the Redevelopment. P,roperty to another redeveloper,, and (iv) dispose of all or any part-- of the Redevelopment Property as the HRA deems to be in the public interest . (b) As security for performance by Redeveloper of all of its obligations under this Agreement, Redeveloper has delivered the Letter of Credit to the HRA concurrently with the execution. of this Agreement . (c) Redeveloper acknowledges that defaults by it with respect to certain obligations under this Agreement may give rise to - losses and damages to the HRA .which are difficult or impossible to measure or determine. - For this reason, • Redeveloper agrees that the damages to the HRA in no event shall be deemed to be less than the amount of the Letter of Credit . If the HRA draws on the Letter of Credit, it may retain the full amount thereof in compensation for its minimum damages resulting from Redeveloper ' s defaults under this Agreement . ARTICLE .V Insurance and Condemnation Section -5 . 1 Defense of Claims . Redeveloper shall indemnify and hold harmless the HRA and the City and their respective officers , employees and agents for any loss, damages and expenses ( including attorneys ' fees) in connection with any claims or proceedings arising from damages or injuries received or sustained. .by any person or property by reason of any actions or omissions of Redeveloper or its contractors, agents , officers or employees -under this Agreement, but excluding damages: or injuries caused by the acts or omissions of the HRA or City. . • -12- • Section 5 . 2 Insurance. (a) Redeveloper will- provide , the following insurance �at.-*the time of conveyance •of Redevelopment Property to Redeveloper and will maintain. such_ insurance at all times -_ -- during the process of const-ructing •the M-inimum Improvements, ' - and thereafter to the extent the Minimum- Improvements are owned by Redeveloper, and at the request of the HRA will . furnish the .:HRA with copies .of and proof -of payment of premiums on the' following insurance: (i) Builder '.s risk- insurance; written. on the so-called "Builder ' s Risk -- Completed Value Basis, " in an amount_ equal to. 100% of the replacement costs ' of the Minimum Improvements at the date of- completion, naming the HRA as an additional insured., with coverage on the so-called "all risk, " nonreporting form- of' policy; ( ii) Comprehensive general public liability- insurance, including personal injury liability (with employee exclusion deleted) and automobile. insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property with respect to the Redevelopment Property, ' • in the minimum amount for each occurrence and for each year of $1 , 000 , 000, endorsed to show the HRA and the City as additional insureds;. ( iii) Worker ' s compensation insu.rance . in. compliance with ' all statutory requirements; ( iv) Contractual liability insurance relating to- the indemnification set forth in Section 5 . 1_ her.eof . The . policies of insurance required under clauses . ( i)., ( id) and ( iv) * above shall be in form and content satisfactory to the HRA and shall be placed with financially sound and reputable insurers licensed to transact business in the State of Minnesota . The policies shall. contain an agreement of the insurer to give not less than 60 days ' advance written notice to the HRA in the event of cancellation of such policy or change affecting the coverage. (b) Redeveloper shall notify the- HRA- immediately in the case of any damage to the Minimum -Improvements -or any portion thereof resulting from fire or . other.-casualty. In the event of any such damage, ,Redeveloper will ,forthwith- repair , reconstruct and restore the Minimum Improvements to . ' substantially the same or an improved condition as -existed • -13- prior to the event causing the damage and, to the extent necessary to accomplish such repair, reconstruction and restora.ti:on.,. Redeveloper may- apply :the Net Proceeds :of any insurance. relating to..such damage received by Redeveloper to the costs thereof . Net Proceeds of any insurance relating to such damage shall .be paid, to the -HRA. -(c) - If Redeveloper is in compliance with this Agreement, then any Net Proceeds of insurance relating to such damage .-or destruction received by the HRA shall be released from time to time by HRA to Redeveloper upon the receipt of a certificate- of an authorized representative of Redeveloper. specifying the expenditures made .or to be made or the indebtedness, incurred in connection with repair, reconstruction or restoration and stating that the Net Proceeds, together with any othex- moneys available for. such .purposes, will be sufficient to complete the repair, reconstruction and restoration, and the written approval of such certificate by the City' s Building Inspector. Redeveloper shall complete the repair, reconstruction and-. restoration of the Minimum Improvements' at its expense, whether or not the Net Proceeds of insurance are sufficient to pay the cost thereof . .Section 5 . 3 Condemnation. If the Minimum Improvements- or any material part thereof are taken in condemnation -or 'by the exercise of the power of eminent domain • by any governmental body (except the HRA) prior to the Maturity Date, Redeveloper shall , with reasonable promptness after such taking, notify the HRA as to the -nature and extent of the taking . . Upon receipt of any Condemnation Award, . Redeveloper shall elect to either : ( i) use the entire Condemnation Award to reconstruct the Minimum Improvements (or, in the event only ' a part of Minimum Improvements have been taken, then to reconstruct such part). within the Project Area; or (ii) pay to the HRA out of the Condemnation Award, the amount necessary to pay the principal of , premium (if any) and interest on ' the Bonds . ARTICLE VI Tax Increment Section 6 . 1 Tax Increment Guarantee. If the HRA determines that the tax increment- generated by the Redevelopment Property and the proceeds from sale of Redevelopment Property by the HRA are insufficient to pay the principal, premium ( if any) and interest which will be due on the next interest payment date for the Bonds., then the HRA shall -provide notice to Redeveloper of such fact specifying the amount of money which is- equal to the difference between -14- `. (1) such sale- proceeds' plus -,the tax- increment, which has - been generated by the Redevelopment .Property :to •pay the principal,• - premium , ( if any) •or interest on such 'Bonds and (2) the amount of principal , premium ( if any) •and-interest which--will be due . . on the next interest payment- date for such Bonds (the amount of such difference :being hereinafter referred to as '-the "Tax Increment Shortfall" ) . Thirty days after receipt of such notice the Redeveloper shall' pay -the amount of the Tax Increment Shortfall to the HRA, provided, however, the aggregate amount of Tax Increment. Shortfall' ,paid by -Redeveloper : pursuant to this Section 6 . 1 - and not reimbursed b_y 'the HRA under -the provisions of Section 6 .-3 hereof shall not -exceed at any point in time 25% of the principal and interest on the Bonds .which has been paid and which is due and payable' on the next interest payment .date for any series of Bonds. To the extent that the amount to be paid by the Redeveloper to the HRA pursuant to this Section 6 . 1 is ever reduced by the limitation contained• in the preceding sentence the Redeveloper ' s obligation to pay the full amount of the Tax Increment Shortfall shall not be extinguished, and the Redeveloper shall remain fully obligated to pay the HRA the amount by which the Tax Increment Shortfall to be paid by the Redeveloper has been reduced and shall from time to time pay the amount of such reduction, or. a portion thereof , at such times when the payment of such amount, or portion thereof , together with all other • amounts of Tax Increment Shortfall paid by the Redeveloper pursuant to this Section 6 . 1 and not. reimbursed by the HRA- under the provisions of Section 6 . 3 hereof, will not cause the aggregate amount of Tax Increment Shortfall paid by the Redeveloper pursuant to this Section 6 . 1 and not reimbursed by the HRA under the provisions of Section 6 . 3 hereof to exceed 25% of the principal of and 'interest on all Bonds which has been paid and which is due and payable on the next-- interest payment date for any series of Bonds . The obligation of Redeveloper to ,make the payments provided in this Section shall be absolute and unconditional, and shall not be subject to any defense,, right of set off , recoupment or counterclaim-except to the extent such payments are reimburseable by - the HRA under the provisions of Section 6: 3 hereof . Section 6 . 2 Taxes and Valuations . Redeveloper shall pay when due all real estate taxes and installments of special assessments payable on the Redevelopment Property subsequent to the date title to the Redevelopment Property is - conveyed to . - Redeveloper . Prior to the Maturity Date of any Bonds outstanding, Redeveloper will not seek administrative or judicial review of any statute, law, rule, Assessor' s Market Value, Assessed Value, or other factor relating to the real estate taxes for the Redevelopment Property or the Project which would or might result in said taxes being insufficient in _ any year to pay the principal and interest on all Bonds as such •. amounts become due. -15- i L Section 6 .3 . .Reimbursement -to Redeveloper. . If .the • Redeveloper: makes any, payments to -the HRA under -'Sect-ion 6 . 1 hereof ..i.t shall .be:.entitled •to reimbursement for such payment ., by the -HRA, without interest thereon, but only out of the amount of tax increment generated ' by the- Redevelopment Property - > received by the HRA in any .year which, together with any tax increment generated by the Redevelopment Property in previous years which the HRA -has on hand, is in excess .of 115% of the principal and interest to be paid.. on the Bonds in such year and is not needed by -the HRA to pay any- other public costs of the redevelopment of the -Redevelopment ..Property. The obligation of the HRA to .reimburse the .Redeveloper is expressly .limited .to such excess tax. increment, and no other moneys_ or other. property or revenues of the HRA or City shall be available to reimburse the Redeveloper . .- If such .excess tax increment is not ava.ilab,l-e to the HRA in an amount sufficient to - reimburse the Redeveloper under this Section 6 . 3 the HRA shall be under de no obligation to reimburse the Redeveloper for an amount greater than such excess tax ,increment . The Redeveloper agrees that the obligation ' of the HRA to reimburse the Redeveloper shall not constitute a debt of the HRA or the' City. ARTICLE VII Mortgage Financing Section 7 . 1 Mortgage Financing. Mortgage financing • for construction of the Minimum Improvements shall - be in accordance with this Article VII . Section -7 . 2 Limitation Upon Encumbrance of Property. Prior to - the completion of the Minimum Improvements, - as certified by the HRA, neither Redeveloper nor any successor in interest- to the Redevelopment Property or any part thereof shall engage in any financing or any other transaction creating any Mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation, of law-, or suffer any encumbrance or lien to be made on or attach to the Redevelopment Property, except with the prior written approval of the HRA, and for the purposes of obtaining - funds only to the extent necessary for acquiring the Redevelopment Property and development of the Minimum Improvements . The HRA shall not approve any Mortgage which does not. co.nform to the requirements of this Agreement . Section 7 . 3 Approval of Mortgage . -The HRA shall approve a Mortgage if the HRA first (a) receives a copy of all mortgage documents ; (b) determines-, . in its reasonable discretion, that the Mortgagee is a responsible lender capable of making the mortgage loan; (c) determines, in its reasonable -16- i J • . discretion; that - the mortgage .loan; together with- other :funds av ail able :•to Redeveloper, 'will. be'- sufficient to construct the. :.: Minimum Improvements ; (d). .dete•rmines - that no Event of Default has occurred; and :(e) determines, •-in : its- reasonabl-e -discretion, that the . terms of- the Mortgage-conform to the terms 'of this Agreement . :. Section 7 .4 Copy of .Notice of Default-,to Mortgagee. Whenever the HRA shall deliver . any 'notice or demand -to- Redeveloper with respect to any breach or default by Redeveloper in its• obligations or covenants under this Agreement, the HRA shall at the same time forward a copy of such notice or demand to the Mortgagee at the .last address of such Mortgagee shown in the - records : of the HRA. -;- ' Section 7 . 5 Mortgagee ' s Option to Cure Default . After any breach or default by Redeveloper,- a Mortgagee shall _ - ( insofar as the rights of the HRA are-concerned): have 'the- right, at its option, to cure or remedy such breach or default On behalf of Redeveloper; provided, however, . that if the breach or default is' with respect to construction of the Minimum Improvements , nothing contained in this Agreement shall be deemed to permit the Mortgagee, either before or after foreclosure or action in lieu thereof , to undertake or continue the construction of the Minimum Improvements without first having expressly assumed Redeveloper ' s obligations, by written i agreement satisfactory to the HRA, to complete the Minimum Improvements . Section 7 . 6 HRA' s Option to Cure Default on Mortgage . If Redeveloper is in default under any Mortgage the Mortgagee shall within 10. days after it or any of its agents or employees become aware of any such default notify the HRA in writing of : (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default . If, within 30 days after receipt of said notice, -the HRA commences the actions necessary to cure the .default (and cures the default within 6 months after receipt of said notice) , then the Mortgagee shall pursue none of its remedies under the Mortgage based upon .,the default . In .the event of a transfer of title to the Redevelopment Property -to the HRA, or a third party approved by the HRA, whether or not required to .cure a. ' default under the Mortgage, said .transfer shall not constitute an event of default or cause an acceleration of the indebtedness under the Mortgage. In. the event of said transfer, the Mortgagee shall permit the transferee: to assume all outstanding obligations (and receive all remaining disbursements) under the Mortgage. • -17- L ARTICLE::VI I.I. • :. Prohibitions ,Against Assignment and -Transfer . Section 8...l . . Representation as to Redevelopment-. The . 'Redeveloper represents and agrees- that its --purchase- of the Redevelopment Property, and its other undertakings pursuant to the Agreement are, and will be used, for the purpose of redevelopment -of the Redevelopment Property.. The Redeveloper . further .recognizes. that a transfer- of. a controlling interest in the Redeveloper or any other act or transaction resulting in a significant change in the ownership are of particular concern to the City and .the HRA. Section 8 . 2 Transfer of- Ownership. Prior -to completion of the Minimum Improvements as certified by the HRA,. and without prior written approval of the HRA, (a) there shall be no transfer of any interest of a partner in Redeveloper', (b) nor shall any partner suffer any such transfer to be made; (c) nor shall there be or be suffered to be by Redeveloper, any other similarly significant change in the ownership of Redeveloper or in -the relative distribution thereof, or with respect .. to the identity of the parties in control of Redeveloper or the degree thereof , by any other method or means, . (d) nor shall Patrick J. Gaughan cease to be the managing partner. of Redeveloper, -except in the case of the death or incompetency of Patrick J. Gaughan. Section 8 . 3 Transfer of Property and Assignment . Redeveloper (except as expressly authorized in this Agreement) has not made and will not make, or suffer to be made,- any total or partial sale, assignment, conveyance, lease, or other transfer-, with respect- to this Agreement or the Redevelopment Property or any part thereof or any -interest therein, or any contract or agreement to do any of the same, without the prior written approval of the HRA. The HRA shall be entitled to require as conditions to any such approval that: (i) the proposed transferee have the qualifications and financial responsibility, as determined by the HRA, necessary and adequate to fulfill the obligations undertaken in this Agreement by Redeveloper; (ii) the proposed transferee, by recordable instrument satisfactory to the HRA shall, for itself and its successors and assigns, assume all of the obligations of Redeveloper under this Agreement . No transfer of, or change with- respect to, ownership in the Redevelopment Property or any part thereof., or any interest therein-, . however consummated or occurring and whether voluntary or. involuntary, . shall operate, legally -or practically, to deprive or- limit .the HRA of or with, respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Redevelopment Property and the construction of the Minimum Improvements that • -18- • the-HRA, would have had,. had t-here :been no ' such .transfer or change:. .. There ,shall be submit.ted.,•.t.o the .-HRA. for review all legal documents relating to the transfer : In the . absence of specific written agreement by. the HRA to the contrary,. .no such transfer.- or :approval .by the HRA thereof shall be deemed to relieve:Redeveloper, Guarantor,- or any other party bound in any way by: this Agreement or. otherwise . with .respect to the construction of `the .Minimum Improvements., from any of its obligations with respect thereto . Section 8 .4 Information as to Ownership of Redeveloper . . Redeveloper will promptly notify the HRA of any changes in the ownership of Redeveloper, or'- with respect to the identity of the parties in control of Redeveloper or the degree thereof , of which it has been notified or otherwise had knowledge. Redeveloper - shall , at such time or times as the HRA may request, furnish the HRA with a complete statement, subscribed and sworn' to by the -President or other executive officer of the Redeveloper, setting forth all of the owners of Redeveloper and the extent of their respective holdings . ARTICLE IX Events of Default • Section 9 . 1 Events of Default . The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides) , any one or more of the following events (and- the term "default"shall mean any event which would with the passage of time or giving of notice, or ' both, be an "Event of Default" hereunder) : (a), Failure of Redeveloper to pay when due the payments required hereunder . (b) Failure of Redeveloper to construct or reconstruct the Minimum Improvements as required hereunder . (c) Failure of Redeveloper to furnish the Construction Plans as required hereunder . (d) Fai.lure of Redeveloper to pay real estate taxes as required hereunder . (e) Failure of Redeveloper to observe and perform any covenant, condition, obligation or agreement on its part to ' be observed or - performed hereunder, within 30 days after written notice to Redeveloper specifying such fai-lure and requesting that it be remedied (or within such other period as otherwise • expressly provided in this Agreement) . -19- (f) :If Redeveloper or Guarahtor-.shall. admit in • Writing •its ,inability �to :.pay its- debts generally as they become .due, or ' shall file "a petition in .bankruptcy,- or shall make -an assignment for- the benefit .-of its creditors, or shall consent to. the appointment of, a receiver of itself or of the who-le.'-or any substantial part of -the Redevelopment Property: (g)- If Redeveloper .or _Guarantor: ,shall file a petition or answer :seeking reorganization or arrangement under the - federal 'bankruptcy laws . (h) If Redeveloper, or Guarantor, on a petition in *bankruptcy. filed , against it, be adjudicated a bankrupt, or .a court of competent jurisdiction shall enter an order or decree appointing, without the consent of the Redeveloper or the Partner; a receiver of all or substantially al.l . of its property, or approve a petition seeking reorganization or arrangement under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from the date . of entry -thereof . ( i) If Redeveloper is in default under any Mortgage and fails to cure any such default within 30 days after written demand -from the HRA to do so . Section 9 . 2 Remedies on Default . Whenever any Event • of Default referred to in Section 9 . 1 occurs , the HRA may take any one or more of the following actions : (a) Suspend its performance under this Agreement until it .ieceives assurances from Redeveloper, deemed adequate by the HRA, that Redeveloper will cure its default and continue its performance under this Agreement . (b) Terminate all rights of Redeveloper under this Agreement . (c) Draw upon the Letter of Credit . (d) Withhold the Certificate of Completion. (e) Withhold Net Proceeds . (f) Take whatever action at law or in equity may appear necessary or desirable to the HRA to collect any payments due under this Agreement , or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this- Agreement . -20- J • : Section 9 . 3 . - Reverting of Title-. In the event that subsequent to conveyance of the- Redevelopment Property to Redeveloper : (a) Redeveloper (or successor im interest) shall fail- to. begin construction of: . the Minimum Improvements i,n :conformity with . this Agreement; --such failure is not- due'- to Unavoidable Delays, and such failure is not cured within 30 days after written notice to do so; or (b) Redeveloper (or successor in interest) shall , after commencement of the construction of the Minimum Improvements, default in or violate its o.bligat.ions with respect to the -construction of the- Minimum- Improvements ( including the nature thereof or date for completion thereof) , or shall abandon or substantially suspend construction work, such act or actions is not due to Unavoidable Delays and- the same is not cured within 30 days .after written demand by the HRA so to do; or (c) Redeveloper (or successor in interest) .shall fail to pay real estate taxes or assessments on the Redevelopment Property when due, or shall -place thereon any encumbrance or lien unauthorized by -this Agreement, or -shall suffer any .levy or attachment to be made, or -any materialmen' s or mechanics" • lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not -have been paid, or the encumbrance .o r- lien removed -or discharged or provision ' satisfactory to the HRA made for such payment, removal , or. discharge, within 30 days after written demand by the HRA so to do; provided, that if Redeveloper shall first notify the .HRA of its intention to do so, . it may in good faith contest any mechanics ' or other lien• filed or established and in such event the HRA shall permit such mechanics ' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal , .but only if Redeveloper provides the HRA with a bank letter of- credit in the amount of the lien, in a form - satisfactory to the HRA pursuant to which the bank will pay to the HRA the amount of any lien in the event that the lien is finally determined to be valid and du-ring the course 'of such contest .Redeveloper shall keep the HRA informed respecting the status of such- defense; or (d) there is , in violation of this Agreement , any - transfer of any part of the Redevelopment Property or any interest therein, or any change. in the ownership of Redeveloper, or with respect to the identity of the parties in control of. Redeveloper. or 'the degree thereof , and - such . violation shall . not be cured within 60 days after written demand by the HRA to Redeve.loper; or • -21- (e). Redeveloper fails to comply. -with any . of its covenants under .this Agreement or- is- in breach of: the requirements of .:a Deed :and- .fails to cure any such noncompliance or - breach within 30 days - after written demand to do so; or (f) Redeveloper is in default under any -Mortgage authorized. by this- Agreement and fails to cure -any- such default within 30 days after written demand by the HRA to do so, , then the HRA shall have. the right to re-enter and take possession.of the Redevelopment Property and to terminate (and revest in,.the HRA). .ti.tle. .to the Redevelopment Property subject to Mortgages approved pursuant to Section T. 3 of this- -. Agreement ..- The conveyance of the Redevelopment Property .to Redeveloper .shal,l be made subject to reversionary provisions to the effect that in the event of any .default on the part of Redeveloper and failu.re. of Redeveloper to remedy the default within the period stated, the HRA at its option may declare a reversion in favor of the HRA of the title to the Redevelopment Property, and of all the rights and interests in and to the Redevelopment Property. Section 9 . 4 . Resale of Reacquired Property, Disposition of Proceeds . Upon the revesting in the HRA of title to the Redevelopment Property, the HRA shall use its best efforts to resell the Redevelopment Property as soon and in • such manner as the HRA shall find feasible and consistent with the objectives of applicable law -and the Redevelopment Plan to a qualified and responsible party or parties (as determined by the HRA in its sole discretion) who will assume the obligation of making or comp.leting the Minimum Improvements or such other improvements in their stead as shall be satisfactory to the HRA. Upon -such resale, the proceeds shall be applied to (i) reimburse the HRA on its own behalf or on behalf of the City, for all costs .and expenses incurred by the HRA or the City, including but not limited to salaries of personnel , in connection with .the recapture, management, and resale of the Redevelopment Property or part thereof ; ( ii) all taxes , assessments , and water and sewer charges with respect to the Redevelopment Property or part thereof (and -if the Redevelopment Property is exempt from taxation or assessment or utility charges during the. period of ownership by the HRA, an amount equal to such taxes , assessments, or charges (as determined by the City assessing official) as would have been payable if . the Redevelopment Property were not so exempt) ; (iii) any payments made or necessary to be made. to discharge any .enc.umbrances or .liens existing on the• Redevelopment Property .a.t .the. time of . revesting of title in the HRA or to discharge -or prevent from attaching or being made any subsequent encumbrances or liens due- to obligations , defaults • -22- • . or- acts of :Redeveloper, . its successors -or- assigns; ' (iv) any expenditures .made : or obligations incurred. with respect to the making or. ..completion of - the-,Minimum Improvements; •=and • (v) any - amounts - otherwise owing the HRA by Redeveloper or its' successors .or assigns.. Any balance..remaining after such reimbursements shall be retained by the HRA- a-s its property: Section 9 . 5 .- No Remedy Exclusive. " No remedy herein confer.r.ed- upon or reserved to-the HRA is intended to be exclusive of any other' available remedy or remedies, but each and every such remedy shall be cumulative and shall -be in addition to every other remedy given under this Agreement or now -or hereafter- existing at law or In equity or -by statute. No delay or omission-ta exercise any right* or power- accruing upon any default shall impair any such right or power or shall be construed -to be a waiver thereof, but any such right and- power . may be- exercised from time to time and a-s often as may be deemed expedient . In order to entitle the HRA or Redeveloper to exercise any remedy reserved to it, it shall not be necessary to- give notice, other than such notice as may be required under this Agreement . Section 9 . 6 . Waivers . All waivers by the HRA, shall be in writing . If any provision of this- Agreement is breached by either party and thereafter waived by the other party, such • waiver shall be limited to. the particular breach so waived and shall. not be deemed to waive any other concurrent, - previous or subsequent breach hereunder . . ARTICLE X Additional Provisions Section 10 . 1 Conflict of Interests: HRA Representatives Not Individually Liable. No member, official , employee, or consultant or employees of the consultants of the HRA shall have any personal interest , direct or indirect, in this- Agreement , nor shall any such member, official , consultant or the consultant ' s employees or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested . No . member, official ; consultant or the consultant ' s .employees, or employee- of the HRA shall be personally - li-able to Redeveloper , or- any successor in interest , in the event of any default or breach by the_ HRA or for any amount which may become due to Redeveloper or successor or on " any obligations under the terms of this Agreement . • -23- J Section 10 ..2 Egual 'Emplovment. Opportunity. • = . .: Redeveloper, for- itself and its successors:::and • assigns_, agrees that duri�ng.•the construction of the Minimum Improvements : (a). -Redeve-loper will not discriminate against any . .. employee or applicant - for -employment because of race, color, , religion, sex; or national origin. Redeveloper will take affirmative action to' insure that applicants are employed, and that- employees -are treated during - employment,without -regard to their race, color, religion, sex, or national origin. Such . action shall .-include, but not be limited to, the following : employment, -upgrading, demotion, or transfer; recruitment or recruitment.. advertising; layoff or termination; rates of pay or , other forms of compensation;. and -selection for training, including apprenticeship. Redeveloper agrees to post in conspicuous places , available to employees and applicants for employment, notices• to be provided by the HRA setting forth the provisions of -this nondiscrimination clause. (b) Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) Redeveloper will include the provisions of this • Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations , ' or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24 , 1965 , so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. Redeveloper will take such action with respect to any construction contract, subcontract,. or purchase order as the HRA may -direct as a lawful means of enforcing such provisions , including sanctions for noncompliance; provided, however, that in the event Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the HRA, Redeveloper may not request to involve the HRA. Section 10 . 3 Restrictions on Use. Redeveloper agrees for itself , • and its .successors .and assigns , and every successor in interest. to the Redevelopment Property,. or any part thereof , that Redeveloper , and such successors and assigns , shall devote the Redevelopment Property to, and only to and in accordance ' with, the uses specified in the Redevelopment Plan and this Agreement , and shall not discriminate upon the basis of race, color, creed,- sex or national origin in the sale, lease, or • . 24- rental ,or.:-in ,the. use or -occupancy, of the Redevelopment Property or. any, ,improvements erected. or ,to be erected thereon, '-or .any part thereof . Section 10 . 4 Provisions Not Merged With Deed . . None of- the ,provisions of this -Agreement are intended to or shall be merged by reason ,of the Deed. and the Deed shall not be deemed to affect or impair;.the. provisions and- covenants - of this Agreement . . Section 10 . 5 Titles of Articles and Sections . Any titles- of the several parts , Articles , and Sections of this Agreement are inserted for convenience- of reference only and - shall be disregarded in construing -or interpreting any of its provisions . Section 10 . 6 Notices . and Demands . Except as otherwise -:expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently-given or delivered if it is dispatched . by registered' or certified mail , postage prepaid, return receipt requested, or delivered personally; and (a), in the case of Redeveloper, addressed to or delivered personally to Redeveloper c/o The Gaughan Companies , • 299 Coon Rapids Boulevard, Suite 210 , Coon Rapids , Minnesota 55433 . (b) in the case of the HRA, addre'ssed or delivered personal-ly to the HRA' s Executive Director, 3301 Silver Lake, Road, St . Ant-'bony, Mi-nnesota 55418 , or at . such other address with respect to either such party as that party may, from 'time - to time, designate in writing and forward to the other as provided in this Section. Section 10 . 7 . . Counterparts . This Agreement is executed in. any number of counterparts , each of which shall constitute one and the same instrument . Section 10 . 8 . Termination . This Agreement. may- be. terminated by either Redeveloper or the HRA upon' the 'occurrence of any- of the following : (.a) If Redeveloper does not submit to the HRA proof. that- the Redeveloper .has completed the Refunding, which -is acceptable to the HRA, by a date 120 days after the date hereof . (b) If the HRA does not acquire- title to the Redevelopment , Property pursuant to the Time Table. -25- (c) If the. HRA -does not convey t'itle :and possession- • of the - Redevelopment Property: to the Redeveloper pursuant to ,the Time Table. (d) If the City does not approve- a Planned Unit .:Development Detailed Plan (as defined in the City' s PUD ordinances)- within 90 days after the date of this Agreement which will permit construction and operation of the Project substantially as described in the Proposal, or as otherwise agreed upon by Redeveloper and the HRA. Termination of this Agreement due to - the occurrence of any of the foregoing must be accomplished. by written notification to the other party of the- intention to terminate, and the party giving such notice shall then have the right to terminate by a second written notice given within 30 days after ,the first notice if such condition has not been met prior to expiration of the 30-day period. If this Agreement is terminated pursuant to item (a) of this Section, the HRA may draw upon the Letter of Credit and may retain the full amount thereof as liquidated damages . If this Agreement is terminated pursuant to items (b) , (c) or (d) of this Section, and Redeveloper is not in default hereunder, the Letter of Credit shall be returned to Redeveloper if it is not in default hereunder, and neither party shall have any • further rights or obligations under this Agreement . Additionally, if this Agreement is terminated pursuant to items (b) or (c) of this Section, the HRA shall reimburse the .Redeveloper, if it is not in default hereunder, for the out of pocket underwriting. fees paid. by the Redeveloper for purposes of the Refunding. Section 10 . 9 . Arbitration. A party aggrieved by any dispute regarding any part of this Agreement shall proceed to arbitration rather than litigation in the Courts . Either party shall have authority ,to appeal said dispute. Said appeal shall be in. writing and shall be addressed to the other party asking for arbitration. The point of dispute of the parties shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the HRA, - one to be appointed by Redeveloper, and the third to be appointed by the two so selected . If the two persons appointed do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Hennepin County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the - third person to the Board- of Arbitration. The arbitrators ' expenses and .fees, together with the other expenses, not including counsel fees , incurred in the conduct of the arbitration shall be divided equally between the parties unless • the Board of Arbitration determines that the matter was not -26- J • instituted: in ,g.00d.:faith, -. in whi"ch •case the Board of Arbitration . may . assess the .-costs of `arbitraton against either party as it determines : to be fair-- to the parties : Arbitration shall be- conducted -in accordance with the :Unifo.rm 'Arbitration " Act, Chapter' 572 of the Minnesota Statutes, :except' as herein otherwise expressly provided. Section 10 . 10 Letter -of Credit . The Letter of Credit shall be for no. less than one year and shall be replaced by Redeveloper prior to its expiration with a new' Letter of Credit . If the Letter of Credit is not replaced on or before-a date 10 days prior to its expiration, it may be, drawn upon by the HRA without notice to Redeveloper . Upon filing of the Certificate of Completion, the HRA shall return the Letter of Credit to Redeveloper . Section 10 . 11 Reasonable Consent of Parties . Except for consents or approvals of the HRA under Article VIII hereof , whenever in this Agreement the consent or approval of either party is required such consent shall not be unreasonably withheld or . delayed . IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) ..The . foregoing. instrument - was acknowledged before me . this day of 1987, by Chairman and - , . Secretary of the Housing and Redevelopment Authority of St . Anthony, Minnesota . • Notary Public -27- • 1' V I WILSON STREET 'ASSOCIATES • By Its And Its STATE OF. MINNESOTA- ) ) - SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged . before me this day of 1987, by and respectively the and of WILSON. STREET ASSOCIATES, - a -Minnesota- -general partnership, on behalf of the general partnership. Notary Public • DRAFTED BY: Dorsey & Whitney (WRS) 2200 First Bank Place East MLnneapolis ; Minnesota 55402 -28- • SCHEDULE A REDEVELOPMENT PROPERTY SCHEDULE B` . .MINIMUM IMPROVEMENTS • 1 • y SCHEDULE C The following events shall take place by. the date specified or by the specified number of days- after the previous event, whichever occurs later.. TIME TABLE • EXHIBIT A • FORM OF DEED THIS INDENTURE, between the HOUSING- AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public corporation in the City. of St . Anthony, County of Hennepin, State of . Minnesota, Grantor, and WILSON ' STREET ASSOCIATES, a Minnesota general partnership, Grantee, WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1 . 00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant, bargain; quitclaim and convey. to Grantee, its successors and assigns, forever, all the tracts or parcels of land lying and being in the County of Hennepin and State of Minnesota described on Exhibit 1 attached hereto and made a part hereof . To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said Grantee, its successors and assigns, subject to the following : 1 . The covenants , conditions , restrictions and • provisions of a Redevelopment Contract dated as of , 1987, entered into between Grantor and Grantee (the "Agreement" ) , which Agreement is incorporated hereby by reference . 2: Grantee shall not convey the property herein described ( "Property" ) in violation of the Agreement - or any part thereof , without the prior written consent of Grantor until a Certificate of Completion (the "Certificate") releasing Grantee from the obligations of the Agreement as to the Property has been recorded. This provision, however, shall not prevent Grantee from mortgaging the Property in accordance with the Agreement . 3 . Grantee shall promptly begin and diligently prosecute to completion the development of the Property through the construction of certain Minimum Improvements thereon (as provided in the Agreement) and- such construction shall be completed in accordance with the Agreement . .4 . Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement , Grantor shall furnish Grantee with a Certificate in • • the form attached to this Deed as Exhibit• l. The Certificate " shall be conclusive evidence of satisfaction and termination of the agreements and covenants of the Agreement- and of this Deed with respect. to the obligations of Grantee and its -successors and assigns to complete :construction of the Minimum Improvements, it being --the -intention of- the parties that upon the granting and filing of the Certificate that all restrictions and reservations of this Deed and the Agreement be forever released and terminated. 5 . If Grantee shall, prior to the recording of the Certificate, default in any one or more of the obligations set forth in Section 9 . 3 - of the Agreement and shall fail to cure the default within the period therein specified, then Grantor shall have the right. to re-enter and take possession of the ..Property and terminate and revest in Grantor the estate conveyed by this Deed subject to the terms and conditions of the Agreement ,. 'and Grantor ' s title shall be subject to, .all Mortgages approved pursuant to Section 7. 3 of the Agreement . 6 . The property herein described is conveyed subject to the covenants and restrictions set forth on Exhibit 2 attached hereto and made a part hereof, which shall remain in effect until a date 30 years after the date hereof, at which time said covenants and restrictions shall terminate. • IN WITNESS WHEREOF, Grantor has caused this Deed to be duly executed in its behalf by- its Chairman and its Secretary and has caused its corporate seal to be hereunto affixed this day of 198_. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary • - 1 STATE OF -MINNESOTA ) • SS . COUNTY OF HENNEPIN ) _. The.- for.eggoing nstrument-. was acknowledged before me this day '-of 198_; by Chairman and Secretary e -Housi-ng a;nd .Redevelopment Authority of St . Anthony, Minnesota , Notary Public TAX STATEMENTS SHOULD BE SENT TO: Wilson Street Associates C/o The Gaughan Companies 299 -Coon Rapids Boulevard Suite 210 Coon Rapids, Minnesota 55433 DRAFTED BY: Dorsey & Whitney (WRS) -2200 First Bank Place East Minneapolis , Minnesota 55402 • EXHIBIT 1 CERTIFICATE OF COMPLETION WHEREAS, ' 'the •HOUSING. AND REDEVELOPMENT AUTHORITY .OF ST. ANTHONY; MINNESOTA, ("Grantor" ) by a deed (the "Deed" ) recorded in the Office of the in and for the County of Hennepin and State of Minnesota, as Document No . has conveyed to WILSON STREET ASSOCIATES, a Minnesota general .partnership, the land in the County of Hennepin and State of Minnesota described on Exhibit 1 attached hereto and made a part hereof ("Subject Property" ) ; and WHEREAS, the Deed contained certain covenants and restrictions the breach of which by .Grantee, its successors and assigns, would result in the reversion of ' title' t'o the Subject Property to Grantor, its successors and assigns; and WHEREAS, Grantee has fully and duly performed all of said covenants and conditions; NOW, THEREFORE, it is hereby certified that all requirements of Grantee under the Deed and the Agreement • referred to in the Deed with respect to the Subject Property have been completed and duly and fully performed, and the provisions for forfeiture of title and right to re-entry for . breach of .condition subsequent by Grantor is hereby released absolutely and forever, this instrument to be conclusi-.ve evidence of the satisfactory termination of the covenants and conditions of the Agreement referred to in the Deed as they relate to the Subject Property. Dated this day of 198_. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary • .STATE OF MINNESOTA j • SS COUNTY OF HENNEPIN ) The foregoing instrument .wa's acknowledged before me this - 'day of 198_, by Chairman and Secretary of the Housing and Redevelopment Authority of St . Anthony, Minnesota . Notary Public This Instrument -Was Drafted By: - DORSEY & WHITNEY (WRS) 2200' First Bank Place East Minneapolis, Minnesota 55402 • EXHIBIT-2 COVENANTS AND RESTRICTIONS 1 . The property described in this- deed ("'Property" ) shall be used only for those uses permitted under that certain PUD Final. Plan (the "Plan" ) entitled "Kenzie Terrace Project Phase " approved by the City Council of the City of St . Anthony (the "City" ) on 198_ and on file with the City. 2.: All buildings on the Property- shall be located on the Property. as specified in the Plan-,- and no building shall - exceed three stories in height over an underground garage. The exterior surfaces of any building on the Property shall be finished with only those materials as permitted under the Plan. 3 . Exterior loading, storage and trash staging areas will be totally screened from view by a permanent enclosed structure of materials complementary to the principal structure. All drainage shall be provided according to the Plan. • 4 . All garages, storage buildings. or maintenance buildings ( "Accessory Buildings" ) shall be attached to the principal structure within a closed passageway between the Accessory Building and the principal structure. All Accessory- Buildings shall be made of the same material as the principal structure. 5 . Any recreational areas specified in the Plan shall be maintained in a good, safe and clean condition. - 6 . All parking lot areas , pedestrian walkways , and buildings shall be illuminated only as provided in the Plan. 7 . Parking lots and open areas shall be landscaped in accordance with the Plan, and such landscaping and any screening required under the Plan shall be maintained in a good, safe and attractive condition. 8 . Except. for temporary rental signs permitted by City, ordinances , no signs shall be allowed on..the Property except those permitted under the Plan. 9 . Sidewalks shall be constructed only in accordance with the Plans and shall be maintained to be at least 4 feet in width .and constructed of concrete with at lease 4 inch depths . J 10.. Parking lots _ shall. be -built only. in accordance with the • . . Plan and shall .be. maintained with a ' dust-free . asphalt surface. .and -include. raised concrete islands .at :the :ends. :of. each r.ow of : parking to .define the circulation and protect the parking area . The islands shall be at least .6.' inches high and constructed of concrete. 11 : Benches and bus shelters, if . any, specified in- the Ryan shall be maintained in a good, safe, clean and -attractive condition. 12 . A1.1 buildings, parking areas, open areas, landscaped areas, and .other improvements. (collectively, the "Improvements") - on the. Property shall. be maintained in a good, safe, clean and attractive -condition. If any of the Improvements are damaged or dest.royed. by fire, storm or by any other means , they .shall be restored or rebuilt in accordance with the Plan to a condition and value equal to or greater than their condition and value on the date of the destruction or damage . 13 . All buildings on the Property shall be insured against all loss o.r damage in the- amount of the full replacement value thereof , with a policy or policies of insurance which provide protection against all perils covered by the customary fire, extended coverage, vandalism, malicious • mischief , or so-called "all-risk" policy of insurance. 14 . So long as any bonds issued by the City of St . Anthony or - i'ts . Housing and Redevelopment Authority in connection with Redevelopment of the Property are •outstanding, no owner, tenant , purchaser or other person having an interest in the Property shall seek administrative or judicial review of any statute, law, rule, assessor ' s estimated market value, assessed value, or other factor, which would or might result in real estate taxes on the Property being insufficient in any year to pay the principal and interest on said bonds as it becomes due . 15 : The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon. all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the Housing and Redevelopment • Authority of St. Anthony,- Minnesota ( "HRA" ) , and .may be released or waived in whole or in part at any time, and from time to time, by the sole act of the- HRA, and variances may be granted to the covenants and rest-rictions herein contained by the sole act of the .HRA. These covenants and restrictions shall be i �. enforceable ,only by the ,HRA; . and only t•he- HRA shall -have the right -,to sue - for,-and obtain an injunct"ion-, prohibitive or mandatory, to : prevent the.'breach� of -:the covenants and restrictions :herei'n contained., or to enforce the performance or observance thereof . 16 . The covenants and restrictions herein contained shall remain in effect until January 1, 2018 . EXHIBIT. B FORM OF LETTER.-OF CREDIT [LETTERHEAD OF BANK] 198_ The City of St . Anthony St . Anthony City Offices Administrative Offices 3301 Silver Lake Road St . Anthony, Minnesota 55418 Re: Irrevocable Letter of Credit No . Amount : $360, 000 . 00 "U. S. Funds Gentlemen: We hereby establish our Irrevocable Letter of Credit No . and authorize you to value on us at sight the sum not to exceed $360, 000 . 00 (Three Hundred Sixty Thousand and None/Hundreds U. S. Dollars) for the account of Wilson Street Associ.ates . There are no conditions to this Irrevocable Letter of Credit . DRAFTS DRAWN UNDER THIS IRREVOCABLE LETTER OF CREDIT MUST BE CLAUSED "DRAWN UNDER [BANK' S] IRREVOCABLE LETTER- OF CREDIT NO. DATED 198_. " WE HEREBY AGREE WITH DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF DRAFTS DRAWN UNUER AND IN COMPLIANCE WITH THE TERMS OF THIS IRREVOCABLE LETTER OF CREDIT THAT THE SAME SHALL BE DULY HONORED UPON PRESENTATION AT THIS BANK IF DRAWN AND NEGOTIATED ON OR BEFORE 198_, EXCEPT AS OTHERWISE EXPRESSLY STATED, THIS IRREVOCABLE LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTED CREDITS, INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION400, EFFECTIVE OCTOBER 1, 1984 ( 1983 Revision) . [BANK] By Its • J • EXHIBIT C, FORM OF ASSESSMENT AGREEMENT THIS ASSESSMENT AGREEMENT is dated as of , 198_, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, -MINNESOTA, , a Minnesota public body corporate ( "HRA" ) and WILSON STREET ASSOCIATES, a Minnesota general partnership ( "Redeveloper" ) . HRA and Redeveloper have entered into a Redevelopment Contract dated as of _, 1987 for the redevelopment of the property legally ly described on Schedule A. attached hereto ( "Redevelopment Property") . HRA and Redeveloper desire to establish a minimum market value for .the Redevelopment Property and the improvements to be constructed thereon, pursuant to -Minnesota . Statutes, Section 273 . 76, Subd. 8, a copy of which statutory provision is attached hereto as Schedule B. The County Assessor- for the County of Hennepin, State of Minnesota ( "Assessor" ) has reviewed the plans and specifications for the minimum improvements to be constructed • on the Redevelopment Property ( "Minimum Improvements" ) and the market value previously assigned to the Redevelopment Property. In the judgment of the Assessor the minimum market value of the Redevelopment Property and Minimum Improvements agreed upon by HRA and Redeveloper, as hereinafter set forth, appears to be a reasonable estimate. NOW, THEREFORE, the parties to this Agreement, in consideration of, the foregoing premises and the covenants and agreements made by each to the other under the Redevelopment Agreement and this Agreement, do hereby agree as follows : 1 . Upon substantial completion of the construction of the Minimum Improvements , the minimum market value assigned to the Redevelopment Property and Minimum Improvements (collectively, the "Property" ) shall be Dollars ($ ) , until 2 . Upon completion of the Minimum Improvements by Redeveloper, the. Assessor shall value the Property pursuant to Minnesota Statutes, Section 273 . 11 except that the market value assigned thereto shall not be less than the amount set forth in paragraph 1 hereof . • IN WITNESS WHEREOF ' the parties have caused this • Agreement-- to -be duly -executed as -of the date first above written. r WILSON STREET ASSOCIATES By Its By ' Its I HOUSING AND REUEVELOPMENT AUTHORITY OF ST. ANTHONY," MINNESOTA By Its By Its STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) The foregoing instrument. was acknowledged before' me this day of 1.98_, by and respectively the and of WILSON STREET ASSOCIATES, a . Minnesota general partnership, on behalf of the general partnership. . Notary Public STATE OF MINNESOTA .) ss . COUNTY OF HENNEPIN . ) . The foregoing instrument was acknowledged before me - this' day of , - 198_, by and respectively the and of Housing and Redevelopment Authority of St . Anthony, Minnesota, a public corporation in the City of St . Anthony, County of Hennepin, State of Minnesota, on behalf of the Corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DORSEY & WHITNEY (WRS) 2200 First Bank Place East Minneapolis, Minnesota 55402 • SCHEDULE A (Legal Descr.iption: of .Redevelopment, Property) I - a • SCHEDULE B (Minnesota Statutes; Section 273 . 76, Subd. 8) i ASSESSOR' S CERTIFICATION . ...', The undersigned .Assessor, being legally responsible for the assessment of the above-described Property upon • completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to such land- . and improvements upon completion shall not be less than - $ Hannepin ,County Assessor STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) The foregoing certification was acknowledged before me this day of , 198_, by , for the Assessor for Hennepin County, Minnesota-. Notary Public • i ,J GUARANTY THIS GUARANTY -dated as . of 1987, . made by .Patrick J. Gaughan (the "Guarantor" ) , an individual residing in County, Minnesota, for the benefit of the HOUSING AND, REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic ( "HRA") . WITNESSETH, THAT: WHEREAS, dontempor'aneously with the execution of this Guaranty, Wilson Street Associates, a Minnesota general partnership, ( "Redeveloper" ) and HRA will enter into a Redevelopment Contract (the "Redevelopment Contract" ) under which Redeveloper will undertake certain obligations for the redevelopment of certain"Redevelopment Property" defined in the Redevelopment Contract ; WHEREAS, as a condition precedent to entering into the Redevelopment Contract, HRA is requiring the execution and delivery* of this Guaranty; and WHEREAS., the Guarantor is the managing partner of Redeveloper and finds it advantageous , desirable and in his r best interest to execute and deliver this Guaranty. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Guarantor makes the following representations , warranties and agreements to and for the benefit of HRA: - J 1 . . The.-Guarantor hereby . absolutely, ,irrevocably and- •: unconditionally guarantees that Redeveloper will completely and faithfully keep and perform all of Redeveloper ' s covenants and agreements under the Redevelopment Contract and under any instrument or agreement that Redeveloper executes and delivers pursuant to the Redevelopment Contract or in furtherance of its required performance under the Redevelopment Contract (collectively the "Guarantied Obligations") . 2 . The Guarantor waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives presentment, demand of payment or performance, protest', notice of dishonor, nonpayment or nonperformance of any such liabilities , and all other notices and demands of any kind and • description relating to the Guarantied Obligations now or hereafter provided for by any statute, law, rule ox ,regulation. 3 . HRA may at any time and from time to time without the consent of, -or .notice to, the Guarantor, without incurring responsibility to the Guarantor, without affecting, impairing or releasing any of the obligations of the Guarantor hereunder : ( a) alter, change, modify, extend, release, renew, cancel ; supplement or amend in any manner the Redevelopment Contract or any of the Guarantied Obligations, and the .guaranty and-agreements herein made shall continue to apply to the Guarantied Obligations after giving effect to any such alteration, change, modification, extension, release, renewal , cancellation, supplement or amendment ; • -2- (b)'. - -sell, exchange, surrender, realize :upon, release:: (with :or without- consideration) or' otherwise deal with in 'any- manner and in .any. .order any property of any per.son. or entity . securing :t`he Guarantied ,Obligations or otherw.i'se providing recourse to HRA with respect - thereto; (c), exercise or refrain from exercising any rights against Redeveloper or others ,( including the Guarantor) or otherwise act or refrain from acting; ! (d) settle or compromise any of the Guarantied Obligations, any security therefor or other recourse with- respect thereto .or subordinate the payment or performance of all or any part thereof to the payment of any liability (whether :due. or .not) of Redeveloper to cr.editors' of • Redeveloper other than HRA and the Guarantor; (e) apply any sums by whomsoever paid or howsoever realized to any _liability or liabilities of Redeveloper to HRA regardless of what liability or liabilities of Redeveloper remain unpaid; (f) fail to set off and/or release, • in whole 'or in" part, any balance of any account or any credit on its books in favor of Redeveloper or of, any other person, and extend credit in any manner whatsoever to Redeveloper and generally deal with. Redeveloper and any security for the Guarantied Obligations or any recourse with respect thereto. as HRA may see fit; and/or -3- i (g) : consent to or .-.waive any breach oft or .any act, omission or defaul.t. .under, .the Redevelopment .Contract•., 4 .. No .invalidity, irregularity or .unenf.orceability of all or any -part of -the -Guarantied Obligations or of any security therefor. or .other recourse with respect. .thereto 'shal-1 affect, impair or be a defense to this Guaranty and this Guaranty is., a primary obligation of the Guarantor . 5 . If and to, the extent that the Guarantor makes any payment to _HRA .or to any other person pursuant to or in respect of this Guaranty, any claim which the Guarantor may have against Redeveloper by reason thereof, whether by right- of subrogation or otherwise, shall be subject and subordinate as to.- lien, time of payment and in all other respects to the prior payment in full of all of ,the Guarantied Obligations and all • other obligations of Redeveloper to HRA. - 6 . Notwithstanding any other term or provision hereof, if claim is-: ever made upon HRA for repayment or recovery of any amount or amounts received by it from Redeveloper or any other claimant (excluding the Guarantor) in payment of or on account of any of the Guarantied Obligations and HRA is required to repay all or any part of said amount by .reason of. (i) any judgment, decree or order of any court or administrative body having jurisdiction over. -HRA or any of - its property, or (ii) any settlement or compromise. of -any such claim eff:ected by HRA with any such .claimant ( including -4- " I � W j • Redeveloper) , then and-': in - such' event the Guarantor agrees that.. any.such' judgment., -decree., order, settlement oar-,compromise shall be, .binding- upon the Guarantor, and. the Guarantor shall --be and remain liable to HRA- hereunder for the - amount so repaid or recovered to the same- extent as if such amount had never original,ly been received by HRA. 7 . , Any acknowledgment or new promise, whether made by Redeveloper or .others ( including the Guarantor). with respect to any of the Guarantied Obligations shall , if the statute of limitations in favor , of the Guarantor against HRA shall have commenced to run, . toll the running of such statute of limitations and, if the period of such statute of limitations shall have _expired, ,, prevent the operation- of such statute of • limitations with respect to such promise. 8. Until the..Guarantied Obligations and this Guaranty are fully performed, .the -Guarantor ' s obligations hereunder - shall not be.- released', in whole or in part, by any action ,or thing which might , but for this provision of this Guaranty, be deemed a ' legal or equitable discharge of- a surety o-r guarantor, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of HRA or its failure to. proceed promptly or otherwise, or by reason of any action taken or omitted . by . HRA whether or not such action or failure to act 'varies. or increases the risk of , or affects the . rights or remedies. of the Guarantor, nor shall any modification -5- ti W' of any of- the obligations of. -Redeveloper or release of - any � . security=_therefor by operation-�of .Taw or. by the . action of -any third party -affect in any way the Guarantor ' s obligations hereunder, and the Guarantor hereby expressly waives and surrenders..any defense to his liability hereunder based upon any of the foregoing acts, omissions, things•, agreements or - I waivers of any of them, it being the purpose and intent of the parties hereto that the -Guarantied Obligations of Redeveloper constitute the direct and -primary obligations of the Guarantor and that the covenants, agreements and all obligations of the Guarantor - hereunder be absolute, unconditional and irrevocable. 9 . Any notice, demand or request by HRA to the Guarantor shall be in writing, and shall either be manually • delivered to the, Guarantor or mailed in a sealed wrapper by United States registered or ' certified mail , postage prepaid, return receipt requested, properly addressed to the Guarantor at the address of the Guarantor specified on the signature page hereof . 10. This Guaranty shall inure to the benefit of HRA, its successors and assigns,, and shall bind the Guarantor and his heirs , representatives, successors and assigns . . 11 . - Subject to Paragraph 6 hereof , this Guaranty . shall terminate when, and only when., all of .the agreements and undertakings of Redeveloper have been fully performed, all in accordance wi-th the Guarantied Obligations . When such • -6- conditions have been :.met HRA will, .:at ..the request ,of the. Guarantor, furnish the Guarantor . w'r_itten cancellation .•of; this Guaranty. HRA shall be entitled to. retain the original -copy-of this. Guaranty. 12 . All remedies afforded to HRA .by reason of this Guaranty are separate and . cumulative remedies and it is agreed that no one of such remedies , whether exercised by HRA or not, shall be deemed to be in exclusion of any of the other remedies available to HRA and shall in no way limit or prejudice any other legal or equitable remedy which HRA may have hereunder and with respect to the Guarantied Obligations . •- .The Guarantor agrees that included within the equitable remedies available to HRA hereunder is the right of HRA to elect to have any and all • of the obligations and. agreements of the Guarantor hereunder specifically performed . 13 . The Guarantor hereby waives any and all right to cause a marshalling of the assets. of Redeveloper 'or any . othe'r " action by any court or other governmental body with respect thereto or to cause HRA to proceed against any security for the Guarantied Obligations or any other recourse which HRA. may have with respect thereto and further waives any and all requirements that. HRA institute any action or proceeding at law or in equity against Redeveloper, or anyone else, or any collateral security -therefor, as a condition precedent to making demand on; or bringing- an action or obtaining and/or • -7- J enforcing. . a.. .jud.gment ;against;. the Guarantor_ upon .this •. Guaranty.. -The Guarantor further waives . any requirement that HRA seek -performance :by Redeveloper, or any other person, : of any obligation under the Guarantied Obligations or any collateral security therefor as a condition precedent to making a demand .on, .or bringing any '.action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty, it being agreed that upon failure of Redeveloper to perform its duties under the Guarantied Obligations, the Guarantor ' s obligations hereunder shall without further act mature immediately and automatically, without notice or demand or any other action by HRA. The Guarantor further acknowledges that . time is of the essence with: respect to his obligations under • this Guaranty. The Guarantor shall not have any right of setoff against HRA with respect to any of his obligations hereunder . Any remedy or right hereby granted which shall be found to be unenforceable -as to any person or under any circumstance, for7 'any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other . remedy or right hereby granted . 14 . The Guarantor specifically agrees that in the event of :recourse by HRA .to any security which secures any part or all of the Guarantied Obligations .and in the event of a deficiency -resulting therefrom, the Gua-rantor . shall be, and .is • -8- -- a �> n • hereby expressly made., liable to HRA.-for the ful:l' •amount of such -deficiency notwithstanding any other provision of this- Guaranty or any, provision! of applicable law., which'..might', otherwise prevent HRA from enforcing and/or collecting' ` such deficiency. 15 . The Guarantor hereby 'agrees to indemnify HRA against any and - all . loss,. cost, damage or expense -of any 'nature whatsoever ( including, without limitation, reasonable attorneys ' fees) -arising -out of or in .connection with the enforcement of the Guarantied Obligations or arising out of or in connection with any failure of the Guarantor to .fully and - timely perform his obligations under this Guaranty. 16 . The Guarantor expressly agrees that his liability • and -obligations, under -this Guaranty shall not in any way be affected by the institution- by -or against Redeveloper, or any"' other person or entity of - any bankruptcy, reorganization, arrangement , insolvency or .liquidation proceedings, or any other similar proceedings .for relief under any bankruptcy law or similar law for the relief of debtors and that any discharge of any of the Guarantied Obligations pursuant to any such bankruptcy or similar law or other law shall not. discharge or otherwise affect in anyway the obligations of the Guarantor under this Guaranty, and that upon the institution of any o'f the above actions , at the sole discretion of HRA, the Guarantor ' s obligations shall be enforceable against the • Guarantor . -9- '17 . This Guar-anty (a) constitutes the :entire ag-reement of, the Guarantor and HRA,- for whose benefit- this Guaranty i-s made, with respect thereto and _supersedes any and all .written or oral agreements with respect thereto, (b) may not be amended or supplemented except by a writing signed by the Guarantor and HRA, and (c) shall be construed. and enforced in accordance with -the internal law, and not the law. of conflicts; of the State of Minnesota . In addition, no waiver of any ri.ght . of .HRA hereunder shall be effective unless. given in a writing signed by HRA which specifically refers to this - Paragraph 17 of this Guaranty and no such waiver shall imply the giving of;_ or obligate HRA to give, any other waiver hereunder . IN WITNESS WHEREOF, the Guarantor has executed this • Guar-anty a,s of the date and year first above written. Patrick J. Gaughan Address : -10-