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Home My WebLink AboutCC PACKET 07121988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100613 BOX: ZH Folder: CC PACKETS 1987-1989 Document: CC PACKET 07121988 .d CENTRAL PARK CURRENT: Central Park contains 1950 equipment which was not built for present day safety standards. It is important, in order to protect the city from a law suit, that the equipment be removed and replaced with better protected equipment. EQUIPMENT: As of 0.8 July, 1988: 3 animal swings, 1 regular swing, 1 infant swing, 1 tower/slide, and 1 merry-go-round which does not have a governor. PROPOSAL: 1 . Removal of existing equipment, replaced with proposed structure by Robert Klein of miracle equipment. 2. The current "sand box" would be dug deeper and filled with "Rice'. pea gravel, 2 diggers and 2 riding animals. 3. Basketball backboard would be striped and painted and a steel net would be added. FUTURE: The existing blacktop next to the basketball net would be taken out and replaced with pee gravel. Along with that, the swing structure which was taken out would be re- installed and up-graded with new chains and seats. FOLLOW UP: Park(s) would be checked at least 4 times during summer months and no less than 4 times during winter months to insure safety standards are met. _These checks would remain on file at City Hall. e SILVER POINT PARK CURRENT: Silver Point Park is currently in good to excellent conditions. In order to find use of previously bought equipment, the current location of the dual curved climber would be relocated from the S.W. corner to N.E. corner to accommodate the new system. EOUIPMENT: As of 08 July, 1988: 1 set (3) of animal swings, 2/3 rds of the other set are missing, 1 dual climber, and 1 set (2) of swings with one missing off the adjacent set. Located next to all of these is a slide and climbing turtle. (See graph '�2) PROPOSAL: 1 . Move dual curved climber.from S.W. corner to N.E. corner to accommodate new system. 2. Do to color difference and needed up-keep of current equipment, budget money to re-paint existing equipment to match new equipment. FOLLOW UP: Maintenance on equipment is extremely important for three reasons. First, in keeping public image. Second, in keeping public desire to use the equipment. Most importantly, preventing unnecessary injury. In addition to these recommendations, 2 basketball (steel) nets would be added along with newly painted backboards.. There is also a need to up-grade the black top. CENTRAL PARK GRAPH '" 1 "THESE GRAPHS ARE NOT IN PROPORTION" o HAND RIN BR I DGE POSSIBLE TETHERBALL ADDITIONAL BACKBOARD? 0 NEW SITE FOR SWINGS I� r 2 DIGGERS 1 POOL 2 RIDING ANIMALS SAND BOX TURTLE/SLIDE ANIMAL SWING NEW SYSTEM � I NEW LOCATION OF 3 OF 4 DUAL CLIMBER SWINGS 1 1 7 SILVER POINT PARK GRAPH 02 COST ANALYSIS UNITS: AFTER COMPARING COST OF UNITS; TO INCLUDE SHIPPING AND HANDLEI NG, MIRACLE EQUIPMENT 15 MOST COST EFFECTIVE. COST: THE COST FOR A PIECE(S) OF EQUIPMENT IS SHOWN BELOW: UNIT: MIRACLE MN. PLAYGROUND CRAWL TUBE $750/$901 FOR 12 FT $ 1580 FOR 6 FT DECK $799 (20 SQ FT) $845 ( 16 SQ FT) TUBE SLIDE $890 $ 1066 NOTE: THESE ARE JUST THREE EXAMPLES OF COST DIFFERENCE. HOWEVER, A TOTAL COST FOR A COMPLETE UNIT IS LISTED AS FOLLOWS: MIRACLE: TUBE SLIDE, BRIDGE, HAND RINGS (MONKEY RINGS), TWO CLIMBERS, 4 DECKS, CYCLONE SLIDE, CLIMBING POLE, AND WIDE SLIDE. TOTAL: $ 7500.00 (INCLUDES DELIVERY) MN PLAYGROUND : CRAWL TUBE, TUBE SLIDE, BRIDGE, MONKEY BARS, CYCLONE SLIDE, HAND RINGS, 4 DECKS, SLIDE POLE. . TOTAL: $ 12080.00 (DOES NOT INCLUDE DELIVERY) ADDITIONAL MIRACLE EQUIPMENT HAS ALSO PROVIDED ABETTER BID FOR RIDING TOYS AND DIGGERS. THEIR EQUIPMENT IS MORE DURABLE AND WIDELY USED. SAVINGS: THE CITY WILL SAVE ALMOST $5000.00 BY CHOOSING MIRACLE. H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. C 2 TY OF S T . ANTHONY C=TY C OUN C 2 L AGENDA • JULY 1 2 1- 988 7 = 30 .P _ M . COUN C Z L C HAMB ERS AGENDA A. Call to Order/Pledge of Allegiance. B. Roll Call . C. Approval of June 28, 1988 Council Minutes. D. Licenses/Permits/Petitions. E. Presentation of Claims. 1. Verified. 2. Ashbach Construction Co. - $174, 224. 12. 3. Collins Electric Co. - $64 ,806.00. 4. Layne Minnesota - $1,,045.00. 5. Rieke-Carroll-Muller Associates - $3 ,215.24 . 6. Rieke-Carroll-Muller Associates - $400.00. 7. Rieke-Carroll-Muller Associates - $1,080.95. 8. Moody's Investors Service - $2 ,000.00. 9. Dorsey & Whitney - $2, 554 .66. 10. Hance & LeVahn - $2,400.00. 11. Stuart J. Bonniwell, CPA - $9,000.00 (City, $6,000.00; Liquor, $3,000. 00) . 12. Briggs and Morgan - $4,423 :39. 13. Short-Elliott-Hendrickson - $1, 265.49. Requested Public Appearance - Ken Girard, St. Anthony Lions. F. Reports. 1. Council . 2. Departments and Committees. a. Hance & .LeVahn, Ltd. , re: matters conducted at the Hennepin County District Court on June 15, 1988. b. Fire Department .June, 1988 Monthly Report. C. Fire Department 1987. Annual Report. d. Liquor Operation June, 1988 Sales Summary. e. St. Anthony/New Brighton Chem Council Minutes - June 21, 1988. -2- • 3 . City Manager. a. Staff Meeting Notes - July 5, 1988. b. Progress Report on Temporary Carbon Facility. C. Schedule Meeting with St. Anthony Shopping Center Owners Representative for August 1st. G. Public Hearings. H. New Business. a. Resolution 88-027, re: Ramsey County CDBG Joint Cooperation Agreement. b. Resolution 88-028, re: MSA funds for County Road D. C. Report on Storm and Sanitary Sewer Studies for South End (reports previously distributed) . d. Central Park Playground Equipment - budgeted item. I. Unfinished Business. a. Ordinance 1988-006, re: exempt City from need to obtain licenses and permits ( 3rd reading) . b. Ordinance 1988-007, re: adding motorcycle sales and accessories as conditional uses (2nd reading) . C. Ordinance 1988-008, re: definition of "Shopping Center" (2nd reading) . J. Adjournment •t J C= TY O F S T . ANTHONY C= TY C OUN C= L M 2 NUT E S JUNE 2 8 1 9 8 8 1 The meeting opened at 7 : 30 P.M. with the Pledge of Allegiance led by 2 Mayor Sundland. 3 Present for roll call : Marks, Ranallo, Sundland, Enrooth, Makowske. 4 Also present: David Childs , City Manager 5 William Soth, City Attorney 6 Carol Johnson,. Finance Director 7 Larry Hamer, Public Works Director 8 JUNE 14, 1988 COUNCIL MINUTES . 9 Motion by Marks , seconded by Enrooth to approve with the following 10 changes: 11 Page 7 , line 1 : Delete "to" before, and everything after, "dis- 12 cussions" . 13 Page 7 , line 2 : Delete "more feasible" at beginning of line. 14 Page 8 , line 32 : Substitute "has promises for" for "had already 15 raised" . 16 Page 9 , line 36: Insert 11 ; 11 after "Salverda" . 17 Motion carried unanimously. 18 JUNE 20, 19.88 SPECIAL COUNCIL MEETING 19 In response to questions Councilmembers had related to the wide 20 expanse in prices in the bid for repairing Well #3 , Mr. Hamer 21 indicated the bids' had not changed since the low bidder had guaran- 22 teed the prices_ and provided specifications which showed that the 23 couplings would be acceptable. 24 Council Action 25 Motion by Makowske, seconded by Ranallo to approve the minutes as 26 .presented. 27 Motion carried unanimously.. • ► r 2 1 LICENSES1PERMITSJPETITIONS 2 Motion by Ranallo, seconded by Makowske to approve the multiple 3 dwelling registration and grant all the following licenses as listed 4 in the June 28th Council agenda packet: 5 Multiple Dwelling Registration 6 Ivy League Associates , Inc. , St. Paul ; 3804 Highcrest Road 7 Contractors 8 Pine Cone Nursery 9 Barthel Construction Company, Inc. 10 Joe Nelson Stucco Co. , Inc. 11 Asphalt Driveway Co. 12 Todd Anderson Construction Company 13 Sussel Corporation 14 Heating 15 Care Air Conditioning & Heating, Inc. 16 Fred Vogt & Co. 17 Advanced Energy Services 18 Potion carried unanimously. 19 CIA IM • 20 Motion by Makowske, seconded by Marks to approve payment of all City 21 accounts payable as listed for June 28th Council agenda packet. 22 Motion carried unanimously. 23 Motion by Marks, seconded by Enrooth to approve the following 24 payments as listed in the .June 28th Council agenda packet: 25 $20 ,945 . 98 to the Hennepin County Assessors Office for services 26 rendered under the contract due September, 1988; 27 $46 , 501 . 00 in premiums to the League of Minnesota Cities Insurance 28 Trust for Minnesota Municipal coverage. 29 Motion carried unanimously. 30 NEW BUSINESS 31 Fund Established for Water Contamination Payments 32 Motion by Marks, seconded by Ranallo to adopt Resolution 88-021 . 33 • 3 • 1 RESOLUTION 88-021 2 A RESOLUTION ESTABLISHING A FUND FOR 3 WATER CONTAMINATION PAYMENTS 4 5 Lotion carried unanimously. 6 Johnson to Serve as Deputy City Clerk at 1988 Primary and General 7 - Elections 8 Motion by Enrooth, seconded by Marks to adopt the resolution which 9 would utilize Carol Johnson to assist with the operation of and to 10 train new staff members at the fall elections. 11 RESOLUTION 88-022 12 A RESOLUTION AUTHORIZING THE CITY MANAGER 13 TO APPOINT A DEPUTY CLERK FOR THE 1988 14 PRIMARY AND GENERAL ELECTIONS 15 FOR THE CITY OF ST. ANTHONY 16 Notion carried unanimously. 17 Milton Johnson Roofing Low Bidder on Fire Station/Barber Shop 18 Replacement Project • 19 Mr. Hamer explained that he had gotten bids on the project several 20 times in previous years only to have the project delayed for economic 21 reasons. However, all previous bids had been in the same ball park. 22 Mr. Childs added that the low bidder had been willing to split the 23 bid for this project from their original bid which had included 24 quotes for roofing the Stonehouse lounge and storage area as well . 25 council Action 26 Motion by Marks , seconded by Makowske to adopt the resolution which 27 approves the transfer of funds to cover the cost of replacing the 28 fire station and barber shop roofs and to accept the low bid of 29 $11 ,400. 00 from Milton L. Johnson Roofing &Sheet Metal Company to do 30 the job. 31 RESOLUTION 88-023 32 A RESOLUTION APPROVING THE TRANSFER OF FUNDS 33 Notion carried unanimously. 34 $875 ,000 . 00 General Obligation-Revenue Water System Bonds Sold for 35 Carbon Filtration System at 6 .052% 36 Robert Thistle of Springsted Incorporated reported the above sale 37 that morning with four bidders as indicated in the listing he had 4 1 provided prior to the meeting. The low bidder had been First Bank 2 National Association of Minneapolis at an interest rate which was MW 3 lower than expected, the City's financial adviser indicated. Mr. 4 Thistle also advised that the City had retained its "A" rating with 5 Moody's Investors Service. 6 Mr. Childs reiterated that all principal and interest, which would be 7 close to $1 , 200 ,000, would be due in five years, at which time, if 8 the City is not successful in recovering damages from the "respon- 9 sible parties" for the water contamination, new bonds would have to 10 be sold and repaid from the City's water revenues. 11 Council Action 12 Motion by Marks, seconded by Ranallo to adopt Resolution 88-024. 13 RESOLUTION 88-024 14 A RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, 15 PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE 16 PAYMENT OF $875 , 000 GENERAL OBLIGATION-REVENUE WATER SYSTEM 17 BONDS, SERIES 1988A 18 Motion carried unanimously. 19 Firefighters' Union Contract Ratified • 20 Motion by Enrooth, seconded by Marks to adopt the resolution which 21 ratifies the above and to direct the City Manager to bring the 22 "system of Promotion" clause up for renegotiation with the next 23 contract. 24 RESOLUTION 88-025 25 A RESOLUTION RATIFYING THE 1988-89 AGREEMENT 26 BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320, 27 REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT 28 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO 29 EXECUTE THE AGREEMENT ON BEHALF OF THE CITY 30 Motion carried unanimously. 31 REPORTS 32 JUNE 21 , 1988 PLANNING COMMISSION MINUTES - COMMISSIONER JOHN MADDEN 33 Mural Concept Withdrawn by Shopping Center Management Company 34 Rod Johnson of the Eberhardt Company indicated his company was no 35 longer interested in pursuing the proposed mural on the back of the 36 St. Anthony Shopping Center in view of the Commission reservations 37 about including the City's logo in the painting and in face o 5 • 1 similar opposition from the Councilmembers during the conversations 2 which followed Commissioner Madden's report. 3 The general consensus was that the mural would do nothing to correct 4 existing signage problems in the center and that it would be better 5 to defer any action on the center until after the center owner's 6 representative, Joe DiSanto had met with Councilmembers and Commis- 7 sioners later this summer.. 8 Councilmembers told Mr. Johnson they were not failing to recognize 9 the improvements which the managers had already made in the area, 10 including the uniform painting above the storefronts and the black- 11 topping of the parking lots nor the fact that .better communication 12 between the City and the owners had resulted from changes in person- 13 nel in both the owners' New York representative and the Eberhardt 14 Company. However, the perception continued that much more had to be 15 done to keep the center from deteriorating to the point where it 16 matched the condition of the shopping area adjacent to theirs on the 17 southwest. 18 Mr. Johnson responded by saying: 19 *the mural which could be paid from center cash flow monies, 20 had only been requested as a means of dressing up the back of the 21 center, which was exposed to Kenzie Terrace traffic and the view • 22 from the City fire station; 23 *the managers have requested the City help towards getting some 24 sort of financing within the 5% to 8% interest range. to pay for 25 uniform signage which would cost from $150 , 000.00 to $200,000 . 00 and 26 could never be saved from the cash flows; 27 *it's not realistic for the City to expect the owners to put a 28 million or two dollars into a center for which property values and/or 29 rents could never be expected to be raised to levels which would 30 cover that type of expenditure; 31 *the owners rather resented the fact that the City had failed 32 to give any sort of recognition of the money they had already spent 33 in the last year towards improving the center or the fact that the 34 type. of signage had been upgraded for each new store which went into 35 the center in the last few years. 36 The response to these remarks was: 37 *that the City welcomed better communications with both the 38 owners and the Eberhardt company after so many years of getting no 39 response to either letters or calls; 40 *the Council did recognize improvements were starting_ to be 41 made but were concerned they wouldn't go any farther; 6 1 *a meeting with Mr. DiSanto could be very beneficial for both• 2 parties as long as the owners' representative is able to propose 'some 3 sort of plan for providing further improvements , especially for 4 standardizing the center signage; 5 *the City didn't want him to spend a lot of money on expensive 6 layouts, but just wanted some concrete assurance that some real 7 improvements were in the works; 8 *even - though industrial development bonds can't be issued for 9 retail improvements , the City wants to work with the owner to get the 10 center upgraded so the vital businesses which are there will stay and 11 more will be encouraged to move into the center. 12 Councilmember Marks recalled how difficult it had been eight years 13 ago, when the Kenzie Terrace Task Force first started working on a 14 redevelopment project for the area, to get any cooperation from the 15 merchants or center management. He speculated that had the avenues 16 of communication been as open then as now, conditions might never 17 have been allowed to deteriorate to the point they are now. 18 Mr. Johnson promised to give the City ample notice of the upcoming 19 meeting with Mr. DiSanto. 20 Rapid Oil Sianage Approved 21 Commissioner Madden reported all seven Commissioners had been in 22 favor of the Council granting the variances to the City Sign Or- 23 dinance, which would allow three signs for the new Rapid Oil building 24 and a total signage area of 87-1/2 square feet where the Ordinance 25 only allows one sign per business and 80 square feet of total sign 26 surface. He indicated the Commissioners perceived Rapid Oil would be 27. making excellent use of a very difficult corner parcel which had been 28 reduced when Ramsey County- reconstructed that intersection and County 29 Road D. The Commission representative said the Commissioners had 30 been particularly impressed by the amount of green space the station 31 owners were proposing to provide with the new building. 32 Robert Mikulak, 3041-4th Avenue South, Minneapolis, Rapid Oil Project 33 Manager, told the Councilmembers demolition of the building would 34 start August 1st and construction should take about two months. This 35 should bring them well within the time frame for removing the 36 existing pylon sign the City was allowing them to keep up as 'a 37 business identification. 38 The Rapid Oil representative indicated all three signs would be lit 39 probably until around 10:00 P.M. and the site lighting would be 40 turned off around midnight. However, the site lighting is a new 41 technology designed to project no further than the property line so 42 it would not be apt to be an annoyance for the owners of the homes 43 across 37th Avenue. 7 1 As requested by the Commission, Mr. Childs said he had researched the 2 minutes dealing with the Paul Revere Pizza sign lighting next door 3 and found no evidence of lighting restrictions imposed when that sign 4 had been approved several years ago. The consensus was that no more 5 stringent lighting restrictions should be imposed on this business. 6 Council Action 7 Motion by Marks, seconded by Ranallo, to grant the request from Rapid 8 Oil , 3701 Silver Lake Road, for the necessary variances to the City 9 Sign Ordinance which would allow them to erect the three wall signs 10 they propose on their new building, where the Sign Ordinance only 11 allows one sign per business, and total sign surface not to exceed 12 87-1/2 square feet, where the Ordinance only allows 80, finding as 13 did the Planning Commission that: 14 1. All three conditions required by statutes to be satisfied 15 before these variances can be granted have been done so with this 16 proposal. 17 2. The variances are justified by the unique construction 18 .location and architectural design of the building which best 19 utilizes the site and accommodates the traffic flow for the benefit 20 of the business and safety of the customers and traffic approaching 21 that corner. • 22 3 . The proposal includes landscaping which is above normal for 23 this type of operation. 24 4. There were no expressions of opposition to the variances either 25 before or during the June 21st Planning Commission hearing or 26 Council consideration, July 28th. 27 In granting these variances, the City allows Rapid Oil to keep 28 the same hours of building and site lighting as are kept by the 29 neighboring businesses. 30 Motion carried unanimously. 31 Motorcycle Sales and Accessories Approved as Conditionally Permitted 32 Uses in City Zoning Ordinance 33 Commissioner Madden reiterated the information Leo Kuelbs, owner of 34 the Harley-Davidson dealership in Savage, MN, had provided the 35 Commissioners during the June 21st hearing on his request that the 36 City Zoning Ordinance be amended to allow the sale of this type of 37 motorcycle and accessories in the vacant space west of B. J. Antique 38 store in the St. Anthony Village Shopping Center. The Council's 39 agenda packet contained the same documentation as had been provided 40 the Commissioners. • 8 1 The Commission representative reported the Commissioners were in 2 agreement that making this a conditionally permitted use would give 3 the City more control over the activities carried on in this or 4 similar operations in the City in the future. Mr. Kuelbs was 5 accompanied by his son, Kevin Kuelbs, who is in business with his 6 father in Savage and both answered questions about the proposed 7 facility. 8 Kevin Kuelbs responded to Councilmember Makowske's concerns about 9 having a lot of motorcycles roaring around the new Kenzington. He 10 stated that most of their customers are previous Harley-Davidson 11 owners who are checking out the new models and he expected only an 12 average of three or four of these a day would want a test ride. He 13 said that the dealership owners don't push testing because they're 14 naturally leery about putting $10,000 or $12 , 000 investments out on 15 the highway without good cause. He also indicated that contrary to 16 what some people think, the average age of a Harley-Davidson owner 17 is 34 . 18 Mr. Childs explained that the ordinance amendment had to be given two 19 more readings by the Council and during that time period, the 20 conditional use permit application could be presented to the Planning 21 Commission for their recommendations related to conditions under ' 22 which the Kuelbs' proposal could be approved. If the Commission 23 recommends approval , the Council can act on their recommendation at 24 the same meeting as they give the third reading and adopt the 25 ordinance. 26 Council Action 27 Motion by Marks, seconded by Enrooth to approve the first reading of 28 the ordinance amendment which adds "Motorcycle' sales and accessories" 29 as a "conditionally permitted use" in a "C" General Commercial 30 District, in accordance with the recommendations of the Planning 31 Commission. 32 ORDINANCE 1988-007 33 AN ORDINANCE RELATING TO ZONING; 34 AMENDING ORDINANCE 1976-006 35 Notion carried unanimously. 36 Change in Definition of "Shopping Center" Approved for Sign Ordinance 9 1 Mr. Soth proposed several more changes in wording to what the 2 Planning Commission had . recommended the Council adopt which were 3 accepted in the following: 4 Council Action 5 Motion by Marks, seconded by Enrooth to approve the first reading of 6 Ordinance 1988-008 to change the definition of "Shopping Center" in 7 the 1973 Code of Ordinances to: 8 Shopping Center: any group of four or more retail stores 9 or service establishments on one or more contiguous tracts 10 of land in single ownership, comprising 18,000 or more 11 square- feet of floor area with parking provided on the tract 12 or tracts of land for use in common by patrons. 13 ORDINANCE 1988-00.8 14 AN ORDINANCE RELATING TO LICENSES, PERMITS, AND 15 BUSINESS REGULATIONS, AMENDING SECTION 430:00 16 OF THE 1973 CODE OF ORDINANCES 17 Motion carried unanimously. 18 Councilmembers Cast First "Votes" on New Optiscan Voting Machines .19 The intricacies of the above equipment were demonstrated by Mr. Hamer 20 and Mrs. Johnson during the recess from 8: 30 to 8 :55 P.M. called by 21 the Mayor for that purpose. 22 COUNCIL REPORTS 23 Mayor Sundland Asked to Represent Minnesota in Russia 24 Sundland reported receiving an invitation from the Senate Majority 25 Leader,- Roger Moe, to participate in the People to People Interna- 26 tional trip to Russia, September 19th. The Mayor said the only thing 27 holding him back from accepting was the $4 ,450.00 cost involved in 28 making the trip. However, his employer had. shown some interest in 29 making up a part of the cost and Mr. Childs perceived there might be 30 some interest on the part of St. Anthony service organizations. for 31 donating towards the trip which would generate such good publicity 32 for the City. Councilmember Ranallo indicated he could see where 33 there might be some justification for City expenditure to augment 34 these donations in view of the honor which would come to the City by 35 having its Mayor selected from all the other municipal officials to 36 represent Minnesota in this manner. 37 Mayor Sundland said he was also going to contact the Mayor of St. 38 Anthony's "Sister City" , Salo, Finland, to see if she could meet him 39 in Helsinki during his one day layover in that city. 10 1 Senator Marty Reiterates Claims About Value of New Property Tax Law 2 in Phone Calls Following His Appearance Before Council . 3 Makowske reported she had been one of the Councilmenmbers who had 4 gotten a call after Senator Marty had done further research on the 5 issue which he perceived supported his claim that the tax changes 6 would be good for St. Anthony in the long run. Councilmember Ranallo 7 commented that only time and experience would show who was right in 8 that controversy. 9 Councilmembers Invited to Join Recycling Task Force in Tour of 10 Reuters Plant 11 Enrooth reiterated that the Task Force was "a very diligent commit- 12 tee" who hoped to have a recommendation ready for the Council's 13 August 9th meeting. He invited any Councilmember who could make it 14 to join the above tour July 9th and to see for themselves the 15 alternatives to incinerating waste which will be demonstrated at that 16 plant. The Councilmember told Mayor Sundland one of the issues 17 which intrigued his committee the most was how to dispose of the 18 endless supply of household batteries which release such dangerous 19 toxins into the soil when they are sent to landfills. 20 Ranallo Reports Attendance at League Human Development Steering 21 Committee Meeting in Washington, D.C. Previous Weekend 22 The Councilmember said he found the first meeting of this National* 23 League of Cities committee very interesting, especially when it came 24 to the issues of "child care" and Urban homelessness. " In relation 25 to the first, he said the Committee was split about 70 to 30 in favor 26 of cities paying for early child care through a joint effort with the 27 state and federal governments. Councilmember Ranallo indicated the 28 reasoning behind that support came from the figures showing the 29 number of children under. the age of 6 who are in the families whose 30 homes are in the streets. 31 City's Speed Limits Too Low According to Resident Who Received 32 Several Speeding Tickets from City Police 33 Both Mr. Childs and Councilmember Ranallo had gotten calls from the 34 above person within the last few days. Mr. Childs said he understood 35 from his conversation with the man that the driver had been going 15 36 miles over the speed limit when last tagged and was complaining that 37 St. Anthony' s 35 mile/hr. speed limit on County Road "D" was too 38 low. The resident had also suggested the City install a flashing 39 light on 37th Avenue to warn drivers of the drop in speed coming 40 into St. Anthony going westbound. The City Manager stated that the 41 presence of the Wilshire Park school was adequate reason to have traffic 42 slowed down and that the police would continue to conscientiously en- 43 force the speed limit. Councilmember Marks indicated he anticipated there 44 might be an increase in complaints about police vigilance now that 45 St. Anthony Boulevard has been reconstructed and the bumps which 11 • 1 previously slowed down drivers coming off Highway 35 have been 2 eliminated. Mr. Childs said he was certain the officers would be 3 making efforts to maintain safe speeds in that area as well . 4 Marks Thanks Congressman Sabo for His Efforts Related to the City's 5 Water Contamination Problems 6 The Councilmember reported attending a function the previous evening 7 where he expressed the above appreciation for the Congressman's 8 efforts. 9 Historical Committee Efforts to be Promoted in City Newsletter and by 10 Council Contact 11 Marks indicated his wife had agreed to become a member of the above 12 and suggested Ruth Harris, retired St. Anthony librarian would also 13 be a good candidate; 14 Childs said he was writing an article on the Committee for the July 15 15th Newsletter; 16 Sundland reported efforts to get memorabilia and plaques related to 17 the original. Village Volunteer Fire Department, including a plaque 18 which has all the names of the first firefighters, which he intends 19 to hang on the Council Chambers walls. • 20 Carol Johnson Thanked for 22 Years of Service 21 Before the May, 1988 Financial Summary was ordered filed, Councilmem- 22 ber Ranallo observed that this would be the last of such reports 23 prepared by Mrs. Johnson who had only a day and a half remaining 24 before she retired. He thanked her for all the work she had done for 25 both the City and various Councils over the years . His remarks 26 generated a round of applause from all .who were present. 27 Mrs. Johnson thanked them and reiterated that she would actually be 28 returning under special contract as Deputy Clerk to work on the 29 elections this year. 30 CITY MANAGER REPORTS 31 June 21, 1988 Staff Meeting Notes 32 Mr. Childs reported that: 33 *the last half of the above meeting had been devoted to a 34 review of the goals set at the February retreat and a short 35 progress report on those goals was being prepared for dis- 36 tribution later that week and discussion at a later Council 37 meeting; • 38 12 1 *staff would be making another progress assessment in Sept- 2 ember or October in accordance with the schedule established 3 during the retreat; 4 *the budget process would be the same for this year, but in 5 1989 the process would probably be started in the spring to 6 meet the August deadline the State Legislature had mandated 7 for that year. 8 Sale of Parkview to City Approved by 4 to 2 School Board Vote, June 9 20th 10 After the City had gotten the above go ahead for the transfer, Mr. it Childs reported staff had gotten a quote to do the required environ- 12 mental audit from the Bruce Leisch and Associates, the firm who are 13 also doing the background research in conjunction with the City's 14 water contamination lawsuit. The audit is necessary to ascertain 15 through a record and historical search and asbestos and underground 16 storage tank investigations that there are no major contamination 17 problems on the site which nullify the purchase. There are three 18 underground storage tanks which feed the boilers in the building now, 19 but these would probably have to come out anyway if the City replaces 20 the heating system and two of them are located in the building alcove 21 facing Silver Lake Road which the Police Department has proposed 22 covering up for a squad car parking area. 23 With an asbestos survey, which would cost between $1 , 200 and $3 ,000,0 24 depending on the level which is required, Mr. Childs estimated it 25 would cost the City about $4 ,000 to get the audit done. He asked for 26 a formal authorization to proceed with the audit, indicating that, as 27 directed by Council resolution, the City would be proceeding with the 28 purchase unless the environmental audit uncovered problems of a 29 magnitude which would require further Council action. 30 Council Action 31 Motion by Ranallo, seconded by Makowske to authorize the City Manager 32 to retain Bruce Leisch and Associates to do the environmental audit 33 necessary as part of the City's acquisition of the Parkview facilit- 34 ies. 35 Lotion carried unanimously. 36 Council Not Interested in Joining Constitutional Challenge to 1988 37 Omnibus Tax Bill 38 The Association of Metropolitan Municipalities had sought input and 39 advice on the request from the Municipal Legislative Commission that 40 the AMM participate in a legal challenge to a portion of the above 41 legislation. The City Manager was directed to inform the AMM that 42 the City is not interested in being included in the lawsuit. • 13 • 1 St. Anthony Boulevard Open for Traffic 2 Mr. Childs reported most of the work on the project had been com- 3 pleted except for striping and dirt behind the curb replacement. 4 Because of the drought conditions, sodding would be delayed until the 5 fall . He reiterated that the police would be paying close attention 6 to traffic speed on the new roadway. 7 Kenzie Terrace Pedestrian Signal Operational 8 Mr. Childs indicated great pleasure in announcing this project, 9 which, along with the St. Anthony Boulevard reconstruction project, 10 had been in the works for many years, had been completed that 11 morning. 12 Pure Water for St. Anthony by End of July 13 As anticipated, the pads and piping for the carbon filtration system 14 are being installed this week and by the time the carbon cylinder 15 installation and testing are completed, Well #3 should be ready. The 16 City should have all three wells in operation by the end of the 17 month, Mr. Childs reported. The Manager speculated now that they 18 know St. Anthony water is again as pure and drinkable as it was 19 before it was contaminated by runoff from the arms plant, people from 20 outside the City might again be showing up at the fire station with • 21 containers to get St. Anthony water. 22 Staff had been able to negotiate the waiver necessary to meet H.U.D. 23 restrictions on the $150,000 CDBG funding for the project, Mr. Childs . 24 added. 2-5 He was shooting for a christening ceremony with toasts in water 26 rather than champagne to be held just before the Council's July 26th 27 meeting, the Manager said. He hoped the occasion would merit the 28 amount of media attention it deserved because the "City is at last 29 able to tell its residents and the whole world that St. Anthony once 30 again has good drinking water to offer its residents. " 31 Manager's Report Hits Intended Target 32 Copies of his latest Downgradient report had been distributed to the 33 Council and Mr. Childs reported satisfaction with the report he had 34 from the New Brighton Manager that the Army had not been too happy 35 to see his comments on the City's frustration with the Army's 36 footdragging related to a resolution of the City's water contamina- 37 tion problems. There were no Council suggestions that he should 38 moderate the tone of any future reports. 39 Manager Doesn't Foresee Any Radical Changes in City's #6 Fire Rating 40 After Inspection 14 1 Although the insurance industry would be making its first inspection• 2 of the City firefighting facilities since 1973 in the next few weeks, 3 Mr. Childs based the above prediction on the fact that there had 4 been little or no change in either the City's or Fire Department's 5 size in the last 15 years. He said a change in rating points either 6 up or down would probably have little effect on the amount of 7 Homeowners Insurance premiums residents would have to pay. 8 UNFINISHED BUSINESS 9 Wheels Set in Motion for City's Music Pavilion- (Bandshell) -10 Councilmember Ranallo proposed adoption of the resolution which it would support the above project being placed on the priority list for 12 funding as part of the "Celebrate Minnesota 1990" observance. 13 Council Action 14 Motion by Marks, seconded by Enrooth to adopt Resolution 88-026. 15 RESOLUTION 88-026 16 A RESOLUTION APPROVING FUNDING FOR A MUSIC 17 BANDSHELL- IN ST. ANTHONY VILLAGE AS PART OF THE 18 "CELEBRATE MINNESOTA 1990" OBSERVANCE 19 Lotion carried unanimously.-O 20 Second Reading of Ordinance Exempting , City From License/Permit Fees 21 Approved 22 Motion by Ranallo, seconded by Marks to approve the second reading of 23 Ordinance 1988-006. 24 ORDINANCE 1988-006 25 AN ORDINANCE RELATING TO LICENSING, 26 EXEMPTING THE CITY FROM LICENSING FEES 27 AND REQUIREMENTS; AMENDING SECTION 510:00 OF THE 28 1973 CODE OF ORDINANCES 29 Lotion carried unanimously. 30 ADJOURNMENT 31 Motion by Ranallo, seconded by Enrooth to adjourn the meeting at 9: 31 32 P.M. for the St. Anthony Housing and Redevelopment Authority meeting 33 which followed immediately. 34 Motion carried unanimously. 0 ' 15 • 1 Respectfully submitted, 2 Helen Crowe, Secretary 3 4 Mayor 5 ATTEST: 6 .City Clerk 7 :cjk • g 9 ain than ilia e DATE : July 7 , 1988 APPROVA ,,, j TO : Mayor and Councilmembers :FROM: Judy Monson I TEM : LICENSE/PERMIT FOR COUNCIL APPROVAL Multiple Dwelling Registration : Apache Manor Limited Partnership 3817 Macalaster Dr. , St. Anthony, MN. 554.18 Contractors : Richard :castings Company G.E. Sanders /Cement & Masonry Contractor Maertens-Benny Construction Co,. Gary Jansick D/B/A Jansick Heating: All Season Comfort Inc. Temporary 3.2 Beer Permit: St. Charles Borromeo Steak Fry & Dance 2727 Stinson Boulevard, St. Anthony September 10 , 1988 6PM to 11 :30PM Dan Reeves Scalise Family Reunion July 31, 1988 9 : 30AM to 6 : 30PM -7 is V9 • City of St. Anthony Administrative Offices 3301 Silver Lake Road St. Anthony, MN 55418 June 29, 1988 Dear Sir: The annual St. Charles Borromeo Steak Fry and Dance will be held on Saturday, September 10, 1988, in the school at 2727 Stinson Boulevard, St. Anthony. As in the past, I am requesting a temporary permit to serve • wine and 3.2 beer that evening from 6 p.m. to 11:30 p.m. I appreciate your assistance in this matter. Sincerely, Bonnie Breyer, Chairperson 1988 St. Charles Steak Fry 2804 33rd Avenue Northeast St. Anthony, MN 55418 789-6318 • INDEPENDENT SCHOOL DISTRICT NO. 282 Community Services Department 3301 Sllyer Lake Rd • St. Anthony, MN 55418 • Phone: 781-5021 Facilities Reservation Form Permit No. 1-77 _ �7 - • Name f ,?r ��f�l,�� Home Phone -� } Bus. Phone Address ' no Date t Name of Group or Organization intended Use 777 uc l a&n-Da;eisi wanted Day( SIX T W Th F Sa (circle) Buiid ng: High School Auditorium Park View Community Center Cafeteria Wilshire ark Elem. Schnnl t Classroorn(s) # O;her !!OZj 'rit ;' �ZV �/ l�-1`.� Gymnasium (If High School, circle one: OLD rq=�W ) Kitchen Other Doors to open an-. pm Expected attendance: activity begins i� 3 am pm Admission: Free Cnarge _ Activoy ends am 0 -2 0pm Will-merchandise be sold? • Special arrangements neeaed (cnairs. cooks. AV equipment. etc.): hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education. Independent School District #282. As a group or organizational agent, 1 will attend this function, and 1 will be solely responsible for glying any and all instructions to the custodians or other support personnel. Presentation of this permit to the custodian on duty is necessary for admittance for the initial date. In accepting this arrangement. rentee agrees to hoid harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility. Rentee waives all rights and claims for potential damages incurred in this rental arrangement. / (Sig.w6re of espons!We person) Bill lo: (name! (aaaress) ----------------------------------------------FOR OFFIC�,�.J�SE`ONLY Class Ins Approved by -i`"'" =' � Date 7Chardes: Rental ,T°� �` `=Custodiat - • Cooks Other charges: Note: rNrr[—Cen mwWtj Services omee Corr CANARY- eurnep ohlu Copy PINK-Cwlemam Copy GOLD-Apprrranr.Copt CITY OF ST. ANTHONY DEPARTMENT OF LICENSING The following is application for use of 3. 2 beer in City Parks. FULL NAME OF APPLICANT: )F> %li '• /C�/l'��fi"� (MUST WORK IN ST. ANTHONY OR LIVE IN ST. ANTHONY) ADDRESS: AGE ___ I certify that I am a resident of St. Anthony or work in City of St. Anthony. I am_responsible for conduct of his/her group. l _ Signa ure of applicant NAME OF GROUP L NO LOCATION $50.00 Cleanup Deposit Received by / I '•) 1 C I T Y C F S T A N T H O N Y P/E 6/30/89 A C C O U N T S P A Y A B L E PAGE 1 VENCCR NAME CHECK CHECK CHECK NO. TYPE CATE NG. AMOUNT 07000 CAROL B JOHNSCN N: 6/3C/8E 15413 66.00 01930 LEAGUE OF MINN CITIES M 6/30/FE 16462 130.00 02860 PFEIFFER , RICHARD N 6/30/88 16463 450.00 07000 CARCL 8 JOHNSCN M 6/30/88 16464 20.00 03163 ST ANTHONY NATIOlNAL BANK M 6/30/88 16465 3C9000.00 03160 ST .4NTHCNY NATICNAL BANK M 6/3C/P8 16466 49572.66 00700 COMM OF REVENUE OF MN M 6/30/88 16467 2.300.45 . 02840 PERA M 6/3C/88 16468 69343.74 0.1595 ICMA p 6/30/88 16469 860.90 00055 AETNA LIFE INS CO M 6/30/E8 16470 1 .696.78 02385 MINNESOTA MUTUAL LIFE INS k 6/3C/8E 16471 19244.57 03160 ST ANTHONY NATIONAL BANK N 6/30/88 16472 2.665. 9E 03160 ST ANTHONY NATIONAL BANK x 6/3C/8P 16473 54.32 02330 MINNESOTA PENEFIT M 6/30/88 16474 161 .6E 00110 NATIONAL FINANCIAL INS CG N 6/30/88 16475 69. 60 01983 LEAGUE OF PINK CITIES M 6/30/8P 16476 146 .3r, 00825 CENTICARE M 6/3C/ff 16477 95.00 CC050 A F S C LOCAL 457 M 6/30188 16478 140.CC 02410 MILAN TEAMSTER-LOCAL =320 M 6/30/88 16479 95.25 01630 INiTL UNIGN OF OPR ENGR 49 N 6/30/PE 16480 253. rC 00670 CITY COUNTY CREDIT UNIrN M 6/30/88 16481 19723.CJ 00220 ANCKA CTY SUPPORT COLLECT N. 6/30/88 16482 180.00 01980 LEAGUE OF MINN CITIES N 6/3C/E8 16483 155.00 05282 TOiiN C CCUNTRY FOOD M 6/30/88 16484 111.0- 01500 HENNEPIN CTY FINANCE DIV M: 6/3C/88. 16485 1.1.7C 01145 GLENWOOD INGLEWCCD M 6/3018P 16486 109.18 OC630 DAVID CHILDS M 6/30/88 16487 583. 15 t-262C PETTY CASH !± 6/30/88 16488 48.12 05115 ANCKA CO DEPUTY REGR M 6/3C/BB 16469 29171.53 05115 ANCKA CID DEPUTY REGR M 6/30/88 16490 734.17 02940 POSTMASTER M 6/3C/88 16491 3u0.0C 03001 VOID M 6/3C/88 16492 .00 01980 LEAGUE OF MINN CITIES M 6/30/P8 16493 609295.00 070.35 l+GRDPERFECT CCRP M 6/ 3^/88 16495 69.00 00760 CUES INC M 6/3C/E8 16496 15.00 05288 ASHEACH CONSTRUCTION M 6/30/88 16497 619117.C9 05289 CCRBINI S M 6/30/88 16498 8.50 05290 LAKELAND TRUCK CENTER F! 6/3C/8E 16499 419761 .25 07335 WORCPERFECT CCRP M 6/30/88 165CO 354.CC 02820 PETTY CASH M - 6/30/88 16501 38.59 03160 ST ANTHONY NATIONAL BANK M 6/301/88 16502 299637.86 03160 ST ANTHONY NATIONAL BANK M. 6/30/88 .16503 6.619.02 02840 PER A N 6/30/88 16504 99871.22 01595 ICIAA N. 6/3C/88 16506 896.65 00055 AETNA LIFE INS CC M 6/3C/88 16507 19551.58 02,385 MINNESOTA MUTUAL LIFE INS M 6/30/86 16508 1,244.57 03.160 ST ANTHONY NATICNAL BANK M 6/30/88 16509 29738.92 03160 ST ANTHONY NATIONAL BANK M 6/3C/F8 16510 65.14 0369C UNITED WAY M 6/30/88 16511 90.00 03160 ST ANTHONY NATIONAL BANK M 6/30/80 16512 250.CC C I T Y C F S T A N T H O N Y P/E 6/30/88 A C C O U N T S P A Y A E L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NC. TYPE CATE NO. AMOLIS 01290 GROUP HEALTH PLAN N 6/30/88 16513 19175.15 02850 PHYSICIANS HEALTH PLAN M 6/3C/8P 16514 4.578.90 02185 MED—CENTER M 6/30/88 16515 311.95 00710 COMMERCIAL LIFE INSURANCE P 6/30/eE 16516 64.80 02930 PRUDENTIAL INSURANCE CC M 6/3C/EE 16517 53.85 02840 PERA M 6/30/88 16518 36.00 00670 CITY COUNTY CREDIT UNICN M 6/30188 165.19 19723.00 00220 ANOKA CTY SUPPORT COLLECT N 6/3C/Ee 16520 180.00 TYPE TOTAL 2829280.21 00001 VOID V 6/3C/8e 16494 .00 TYPE TOTAL .CC TOTAL 282 .280.21 • • alt Iola t ATE : A P P R OVA L = July 6, 1988 �v TO : Mayor and Councilmembers F ROM : 1 Larry Hamer, Public Works Director I TEM : STREET IMPROVEMENT PAYMENTS St. Anthony Boulevard Projec This project is about 99% completed. The black dirt will be put in this week and the sod will be put in when the weather permits. Recommend the Ashbach Construction Company be paid $174,224 .12 for this project. A 5% retainage and the cost of sodding has been withheld from the payment. Kenzie Terrace Pedestrian Sicmal Proje A $650.00 change order to comply with Hennepin County requests and which will provide one additional hand hole between the source of power and service panel has been added. This project is also 99% complete. Recommend payment of $64,806.00 to Collins Electric Company for this project (includes the $650 change order) . A 5% retainage and the cost of sodding has been withheld from this payment. :cjk7. 12.88 APP CATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF 3 SAG TO (Owner): y Anthony C i t of St. Anthon PROJECT: section "A" St. Anthony APPLICATION NO: 2 Distribution to: f 3301 Silver Lake Road Blvd. SAP 161-106-05 0 OWNER St. Anthony, MN 55418 Section "B" Kenzie Terrace PERIOD FROM: June 1 , 1988 ARCHITECT TO: June 30, 1988❑ CONTRACTOR O ATTENTION: Ricke Carroll Mueller & Assoc. CONTRACT FOR: Blvd. grading & paving ARCFIITECT'S O 10901 Red Circle Drive Street Improvements PROJECT NO: 861019-1 d Minnetonka , MN 55343 CONTRACT DATE: M 4 198IR CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contrac \ — Continuation Sheel,AIA Document G703, is attached. U. CHANGE ORDER SUMMARY Tile present status of the account for this Contract is as follows: Change Orders approved ADDITIONS I DEDUCTIONS ORIGINAL CONTRACT SUM eti in previous months b} I I . . . . . . . . .. . . . . . . . . . . ...S rziv- ;lp�-r�� Owner • TOTAL � Net change by Change Orders . . . . . . . . . . . . . . . . . . . . .S 0.00 Approved this .%lunth Number D ale Approved I CONTRACT SUM TO DATE • S 256, )83.67 ! TOTAL COMPLETED & STORED TO DATE z�17 7 Z7.Sq (Column G On G703) /Z X0.38 RETAINAGE 5 io . . . . . . . . . . . . . . . . . . . . . . . . . S - -- TOTALS or total in COlUmn I on Z G%03 ` •- Net change by Change Orders — TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . . . . . . . .$ ti The undersigned Contractor certifies that to the hest of his knowledge LESS PREVIOUS CERTIFICATES FOR PAYMENT . . . . . . . S 61 ,117.09 information and belief the %Vork cusered by Ihrs Application for - Payment has been completed in accordance s%!ih thi• Contract Docu- ments, that all amounts have been paid bs Ill:!, rur }Vurk tor which f7t/ 2-Z14A 7..A previous Certificates for Payment were issued and payments received, from the Osvner, and that current pagmrnt sho%%n lit-win is now dui .�L CURRENT PAYMENT DUE . . • • • , • • . S r LYL,1 P OLAFSO`f CONTRACTOR: JNES OTA State of:P1110I(;-- , . Count / y Of: 1 '1-: ' ANOKA COIINIY rly COMM EXPIRES APR 2. 199;' Subscribed and sworn to before me this -; :' y of 19 Date: 6-30-$l�ww AAAA,v• Notary Public:, �rl,i � r,.'f! My Commis�iorT-expires: • ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED In accordance ss ith the Contract Documents, based on on-site obser• (Attach explanation if amount cer fed differs from the amount applied for.) /`----- t vations and the data comprising the abuse application, the Architect ARCHITECT: certifies to the Owner that the Work has pfogressed to the point indicated; that to the best of his knowledge, inurrmatrun and belief, s the quality of the Work is in accordance scrth the Contract Docu• Oy' Date: menu;and that the Contractor is entitled t0 pa}ment of 111e A,�10UNT This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor CERTIFIED. named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner Or Contractor under this Contract. AIA DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT APRIL 1978 EDITION .q1,1+ p THE AMERICAN INSTITUTE Of ARCHITECTS 1715 NE1Y Y�QV art.„r �_ 1978 f CONTINUATION SHEET AIA DOCUMENT 0703 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing PACE 2 Of rt PAGE Contractor's signed Certification is attached. APPLICATION NUMBER: 2 In tabulations below,amounts are stated to the nearest dollar. APPLICATION DATE: June 30, 1988 Use Column I on Contracts where variable retainage for line items may apply. PERIOD FROM: June 1 , 1988 Y P� Y' TO: June 30. 1988 ARCI IITECT'S PROJECT NO: 861019-1 ff. 1 8 C D E F DESCRIPTION of 1V(}K�, SCHEDULED %VEJKN CUMPLETED fpTAl COMPLE1Et)VALUE This Application AND STORED BALANCE RETAINAGE Prc�u�us TO DATE (,-�(r TO FINISH Section "Art Application, %Vork in Place Stored Materials tU+E'ft ( -Gt (not in D or EI 202 .501 Mobilization $9525.00 4762.50 4762. 0 952.5.00 100 476.25 .203 .501 Field Office, Type D 2175.00 2175.00 2175.00 100% 108.75 1.210 .501 Remove Concrete Curb 1 . 10 1942.60 5 43 4044. 0 210 .501 Remove B624 Curb & Gutt r 1 . 10 5987.30 100%1 299.71 210 .501 Remove 8" Storm Sewer 31 34. 10 34. 10 100%� 1 ,71 51.05 166.65 66 166: 5 333.30 100%1 16.67 210 .505 Remove Conc Pave w/bit surf 1.45 5121 .40 9171 8611 . 5 13732_.95 100%� 686.65 210 .505 Remove Bituminous Pavement 1 . 10 2.1 .6 353. 6 353.76 100% 210 .509 Remove Catchbasin 75.00 150.00 4 150. 0 17'69 210 .513 Sawing Bituminous Pavement 2.45 182.5 447. 13 300.00 100% 15.00 .;-210 .515 Unclassified Excavation 447. 13 100% 22.36 3.95 . 8927.00 7 94 ?.0674.30 2.9601 .30 100%I ..,'`210 .525 Topsoil Borrow (LV) 7.60 1480.07 210 .5 Geotextile Fabt^ic-Roadw ys .70 6034.40 11 .46 1837. -0 767.2..20 100%1 393.61 ..•:221 .501 Aggregate Base, Class 3 4.30 6725.20 8897.6 29384. 18 36109.68 100% 1805.48 '.� 221 .501 Aggregate Base, Class 5 5. 15 3502.00 7446:92 34849. 54 38351 .64 100%I 1917,56 .233 .504 Bituminous Material-Mixture 140.00 173.7 10318. )o 10318.00 100% ';:233 .510 Binder Course Mixture 8.65 1 09 6132. 5 I 515.90 ?233 .514 Base Course Mixture 8.60 4 6132.85 10b% 306.64 39.24 7991 .66 7991 .46 1100% 399.57 , 34 .504 Bituminous Material-Mix 140.00 46. 1 6454.b0 6454..00 100%; 322.70 `= 234 .508 Wearing Course Mixture -I 15.75 t l 8 9;`09 := 12743.� 7 12743. 17 1 100%1 637. 16 1 :.235 1.509.502 Bituminous Material-Tacit Coat 1.20 75 570.00 570.00 100% 28.50 245 .507 Granular Bedding-Storm ewer 8. 10 35.91 290. 7 290.87 100% I 14.54 .250 .541 61' Perf Thermoplastic D Pipe 9. 10 995.50 36 282. 10 1237.60 1100% 61 .88 ,250 .511 12" RC Pipe Sewer CL V 35.35 1131 .20 64 1131 . 0 2262.40 1100% I 113. 12 "250 Construct Catchbasin Deq N 880.00 1760.00 4 1760. )0 3520.00 1100%1 .00 253 .501 Conc Curb & Gutter Des 618 4.05 5 13 21112. 35 21112.65 100%I .501 Cone Curb & Gutter Des 624 7.60 110 76. )0 76.00 100% 1107676.63 253 .502 Cone Curb Design B6 7,05 3.80 253 .511 Cone Driveway Apron I 135.00 .;i 57 .501 Bale Check 5.95 59 7965. 0 7965.00 100% 396.25 T_ 42 249. 0 249.90 100% 12.50 I. ` AIA DOCUMENT G703 • CONTINUATION SHEET APRIL 1978 EDITION • AIA • 3� 1976 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, O.C. t ..• _._._._-_._. . .. - � 03-1978 " 0 CONTINUATION SHEET AIA DOCUMENT 0703 PACE 3 or 3 PAGES AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 2 � Contractor's signed Certification is attached. APPLICATION DATE: June 30, 1988 In tabulations below,amounts are stated to the nearest dollar. PERIOD FROM: June 1 , 1983 Use Column 1 on Contracts where variable retainage for line items may apply. TO: June 30, 1988 ARCHITECT'S PROJECT NO: 861019-1 f A 8 C D E F G H I WORK COMPLETED ITEM DESCRIPTION Of WORK SCHEDULED TOTAL COMPLETED BALANCE RETAINAGE No. VALUE This Application AND STORED °� NISH Previous TO DATE G=-Cl TO FI Application: Work in Place Stored Materials (C-G1 Section "All continued Inot in D or E) ID+E+FI 257 .505 Sodding 1.50 0.00 0.00 0.0c 3000.00 0.0 - 1 Pavement Marking 335.00 335.00 335.0 100 16.7 2 Traffic Control Devices 3000.00 3000.00 0.00 3000.0 100 150.0 $ CjgT L �,CTIQN "A" J� Ll Oil r� �80.� ';210 .501 Remove BR 6-8 Conc Curb 1 .75 490.88 _80.5 490.8 100 2.4.5 `210 .501 Remove B612 Curb & Gutt r 1.75 267.75 153 267.7 100 13.3 -2104.505 Remove Conc Pavement 5.35 1358.90 254 1358.9 100 67.9 "2104.505 Remobe Bit Pavement 2.00 130.00 65 130.0 100 6.5 2104.513` Sawing Bit Pavement 2.45 384.65 157 384.6 100 19.2. 42104.515 Sawing Cone Pavement 3.65 1799.45 493 1799.4 100 89.9 210 .517 : Relocate St. Lighting P le 1315.00 1315.00 1 1315.0 100 67.7 210 .515: Unclassified Excavation 11.00 1100.00 100 1100.0 100 55.0 2211.501 ; Aggregate Base, Class 5 12.35 1167.20 94.51 1167.0 100 58.3 2301 .501 Concrete Pavement 18.20 3931 .20 216 3931 .2 100 196.5 :?331 .504 Bit Material-Mixture 140.00 112.00 .8 1.12.0 100 5.6 `-2331 .514 Base Course Mixture 39.30 661 .42 16.83 661 .4 100 33.0 ?341 .504 Bit Material-Mixture 140.00 168.00 1 .2 168.0 100 8.4 -'2341 .508 Wearing Course Mixture 46.70 864.88 18.52 864.8f 100 43.2 2357.502 Bit Material-Tack Coat 1.20 6.00 5 6.0 100 .3 42531 .501 Conc Curb' &,:Gut ter •Des 12 6.05 919.60 152 919.6 100% 45.9 7,;831 .502 Conc Curb Des BR 6-8 8.30 3303.40 398 3303.4 100 165.1 2575-505 Sodding 1.50 0.00 0 0.0 150.00 10.0 Pavement Marking 665.00 0,00 0 SUBTOTAL SECTION "B" 17980.33 -9-90- ,6-1.5=a ($695,33 Iso-oc 95z.z 4P PROJECT TOTAL 64333.78 ! 2- :A1 , AIA DOCUMENT G703 • CONTINUATION SHEET APRIL 1978 EDITION • AIA' • O 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G703-1978 rieke carroll muller associates, inc. • architects engineers land surveyors TRANSMITTAL X - Mr. Larry Hamer - City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 June 30, 1988 FILE NO: 871019 __ . PHASE 5 PROJECT Kenzie Terrace Signals X 3 DESCRIPTION: 1. 3 copies of Change Order No. 1 showing $650 increase in project cost for changes requested by Hennepin Co. 2. 3 copies of Pay Estimate No. 1 These are: (as checked below) 1. ❑ Approved 5. ❑ Return for revision 2. ❑ Not approved Correct and resubmit 3. ❑ Approved as noted 6. ❑ For your files 4. L3 For your approval 7. ❑ For your distribution 8. ❑ For your review REMARKS -Collins Electric has completed project_exce.pt-for sodd_i-ng, -which.-wi1.1 be _- done when weather permits. _ Collins, however, has- some paperwork to submit._for- approval . City-of St. Anthony. will not be reimbursed for these funds until _- paperwork is fully approved- by Mark- Hendrickson of Hennepin. Co. copy to: data& trans. trans.only RCM File ___ .. R ❑ ❑ 19 ❑ ❑ ❑ ❑ • By nnette Roshell equal opportunity employer APPLICATION AND CERTIFICATE FOR PAYMENT AIA OOCUMENT G702 PAGE UNE OF r!.�s TO (Owner): City of St . Anthony PROJECT: 871Q15 1 APPLICATION NO: Distribution to: 3301 Silver Lake Road Signalized Pedestrian ❑ OWNER St . Anthony, MN 55418 Crossing PERIOD FROM: 5-01-88 ❑ ARCHITECT TO: 5-31-88 ❑ CONTRACTOR El ATTENTION: Lynnette Roshell CONTRACT FOR: ARCHITECT'S ❑ PROJECT NO: 871015 CONTRACT DATE: 12-29-87 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet,AIA Document G703, is attached. CHANGE ORDER SUMMARY The present status of the account for this Contract is as follows:1 144 Change Orders approved ADDITIOI¢S DEDUCTIONS ORIGINAL CONTRACT SUM . . . . . . . . . . . .. .. .. . . . .. .$ 67 , 567_09 in previous months by O'.vner TOTAL Net change by Change Orders $ 650. 00 I. Approved this imonth Number Date Approved CONTRACT SUM TO DATE $ 68, 217 . 00 TOTAL COMPLETED & STORED TO DATE . . .. .. . . . . .$ 68 , 217 .00 (Column G on G703) RETAINAGE 9 % . . .. . . . . . . . .. . .. .. . . .. .. .$ 3 , 411 . 00 or total in Column I on G703 TOTALS TOT 64 , 806. 00 AL EARNED LESS RETAINAGE . . . . . . . .... . . .. .. .$ Net change by Change Orders The undersigned Contractor certifies that to the best of his knowledge,. LESS PREVIOUS CERTIFICATES FOR PAYMENT . .. . . ..$ ----- information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Docu- ments, that all amounts have been paid by him for Work for which previous Cer ificates for Payment were issued and payments received CURRENT PAYMENT DUE 64 , 806. 00 from the O •ner,and that current payment shown herein is now due. ..n. Venn 1MAM/v�AAMMMh■ CON T T R: State of: Minne to Conn . � � Subscribed and savor be re th /f dayo ' ► ,1 '. PI!:'LIG-!JIiNNE`.OTA 5-31-8 8 Notary Public: / / � a couid'Y By' e: My Commission expires: ' M;rrn;f•E%P!&L;JIBdE 24 1989 AR HI 'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED . .. . .. ... . . . . . . . . . . .. . .. . . . . .$ �4T � '•` � In accordance with the Contract Documents, based on on-site obser- (Attach explanation if amount certified differs from the amount applied tor.) . C T T: vations and the data comprising the above application, the Architect AR certifies to the Owner that the Work has progressed to the point 6 O indicated; that to the best of his knowledge, information and belief, g the quality of the Work is in accordance with the Contract Docu- y' Date: —1 ments;and that the Contractor is entitled to payment of the AMOUNT This Certl Icate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor CERTIFIED. named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 ' APPLICATION AND CERTIFICATE FOR PAYMENT*,APRIL 1978 EDITION AIA®• ©1978 TFIF Aiirvor 4N INSTITIITr nF Apr'tflTrr'7C i�ir, ,ink, wwv Avr��i it y�,�r :��A ri ii• r-Tn•� n r- "nnnr . ain " rho • ilia e y f DATE : A P PR OVA Jul 5 1988 Mayor and Councilmembers FROM : Larry Hamer, Public Works Director I TEM : STATEMENT FROM LAYNE. MINNESOTA FOR WELL #5 The attached statement from Layne Minnesota is for the equipment and labor costs for the modifications they did on Well #5. The angle drive and 150 hp motor had been billed and paid for previously ($13 ,600.00) . Recommend payment of $1,045.00 to -Layne Minnesota per attached. :CJK7. 12 .88 LA1r�� MINNESOTA • WATER WELLS • WATER TREATMENT • PUMPS DRILLED PIER FOUNDATIONS 3147 CALIFORNIA ST. NE EWEN MINNEAPOLIS, MN 55418 (612) 781-9553 TO: CITY OF ST. ANTHONY DATE 6/17/88 3301 SILVER LAKE RD. ST. ANTHONY, MN 55418 CUST.NO. BID .PROJECT OUR ORDER NO. 288PR16 OUR INV.NO. 16015 TERMS NET T.E.C.NO. RE: MODIFICATIONS ON DEEP WELL #5 FURNISH EQUIPMENT AND LABOR TO REMOVE -GEAR DRIVE. 3 HOURS @ $135.00/HR. $ 405 00 FURNISH EQUIPMENT AND LABOR TO INSTALL NEW MOTOR AND GEAR DRIVE. 4 HOURS @ $135.00/HR. 540 00 FURNISH EQUIPMENT AND LABOR TO TEST PUMP INTO SYSTEM. 2 HOURS @ $50.00/HR. 100 00 TOTAL DUE THIS INVOICE " $ 1,045 00 CPA/LN _Lj �ne World's most complete water service organization LAYNE 8 BOWLER,INC. • INFILCO OEGREMONT INC • WALLACE 8 TIERNAN Date 07/05/88 To; St. Anthony Village Rieke-Carroll-Muller Associates, Inc. 3301 Silver Lake Road _ • Engineers, Architects, Land Surveyors St. Anthony, MN 55418 OFFICESAT PROJF.CP; Temporary Water Treatment ❑ P.O. Box 776, Gaylord, MN 55334 Facility _ - jf P.O. Box 130, Minnetonka, MN 55343 Gent Reference_ Our Fi1r 861908-3 0 P.O. Box 51, St.Cloud, MN 56301 FEES FOR PROFESSIONAL SERVICES: Basic Services rendered from 05/30/88 thru 06/25/88 8.0 Hrs. Architect 152.88 5.0 Hrs. Structural Engineer 143.50 1.2 Hrs. Secretary 13.65 26.4 Hrs. Civil Engineer 805.22 Total Payroll Cost 1,115.25 1,115.25 x 2.4 = 2,676.60 Mileage 18.68 Total Basic Services 2,695.28 Extra Services rendered from 05/30/88 thru 06/25/88 6.5 Hrs. Civil Engineer 199.75 1.3 Hrs. Secretary 16.90 Total Payroll Cost 216.65 216.65 x 2.4 = 519.96 Balance Due 3,215.24 I declare under the penalties of taw that ttft Rieke-Carro - e o a es nc. • account, elalm or demand is Just and correct and that no part of it bas tm paid. t l� INVOICE �� 538 0 �� of �� 8 CDM Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT REMIT TO THE P.O. BOX 130 P.O. BOX 776 P.O. BOX 51 15 5th STREET N.E. 40DRESS CHECKED MINNETONKA, MN 55343. GAYLORD, MN 55334 � ST. CLOUD, MN 56301 � GRAND RAPIDS. MN 55744E] IN41:3 87101 . 50 T•r i 1 9 i i I declare under the pe ies of t laim or demand r . is just and corre o n paid. X NATURE OF CLAIMANT - - QDM Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT REMIT TO THE I P.O. BOX 130 P.O. BOX 776 P.O. BOX 51 15 5th STREET N.E. ,DDRESS CHECKED MINNETONKA. MN 55343 GAYLORD. MN 55334 ❑ ST. CLOUD, MN 56301 ❑ GRAND RAPIDS. MN 55744 ❑ • JULY 59 19'-f: INVOICE NO. 1C1'' JOB NO. 7101. 70 CITY OF ST. AN'7 ?`Y s�C1 S1LV7- LAKE ST. ANTK.Ct',.,Yv 'fW 24 3 S lN'...L 'fir.:S3N'I _ .. . C r4.^tJ 4 " 7. 'L_!'S S`30 3 j rF L7.1 T uy T V_ _ . t� I declare under the penalties of law that this account, claim or demand is just and correct and no part of it has been paid. X SIGNATURE OF CLAMANT • • TO INSURE PROPER CREDIT. • I N V O I C E MAIL REMITTANCES TO: Moody' Investors service P.O.BOX 1188 CHURCH STREET STATION M U N I C I P A L NEW YORK,N.Y.10277-0044 REFERENCE NUMBER: 88JN0346 PLEASE REFER TO THIS NUMBER IN ANY COMMUNICATION CONCERNING THIS INVOICE. B [VILLAGE OF ST. ANTHONY I MR. DAVID CHILDS, CITY MANAGER L 3301 SILVER LAKE ROAD, CITY HALL L ST. ANTHONY,MN 55418 i II II INVOICE DATE: 06/29/88 200 T L— O J KINDLY REMIT PROMPTLY AND RETURN FIRST COPY WITH YOUR PAYMENT DESCRIPTION FEE i FOR PROFESSIONAL SERVICES: $875,000 St. Anthony MN, General Obligation Bonds 2,000 SHOULD YOU.HAVE ANY QUESTIONS REGARDING THIS BILL, PLEASE $2,000 TOTAL DIRECT ALL CORRESPONDENCE TO OUR COLLECTION DEPARTMENT, wR-ioe 99 CHURCH STREET, NEW YORK, N.Y. 10007 OR TELEPHONE(212)553-0300 335635 DORSEY & NVHITNEY A P-1-1Pi—Ir:1—.— Pwn.es 1—L Coo ww.i— 2200 FIRST BANK PLACE EAST MINNEAPOLIS, 'MINNESOTA 55402 • (012) 340-2600 (Internal Revenue Account No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES June 30, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road Minneapolis., Minnesota 55418 Re: City of St. Anthony For legal services rendered from May 1, 1988 through May 31, 1988, including - Review agenda; conferences D. Childs re agenda; review opinion re Channel 34 ; conference D. Childs re general liability • insurance and liquor liability insurance; correspondence D. Childs re lot access problem (Evergreen Development) ; draft termination provision re LaMere Lease ; correspondence D. Childs re same; research re city exemption from licensing requirements; research, conference and correspondence D. Childs re city operated video games $ 958 . 65 Parkview School Property Draft Purchase Agreement and Lease; correspondence D. Childs re same; meeting D. Childs re Purchase Agreement and Lease; review and revise Lease; conference D. Childs re five-year lease. to School District; correspondence D. Childs re revised Lease 1, 461 . 75 Total Fees $2, 420. 40 Plus Disbursements per attached statement $ 134 . 26 Total Fees and Disbursements $2 , 554 . 66 WRS/j as 615 178820 : 1000, 47, 56, 59 Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. LAWOFFICES STATEMENT OF ACCOUNT HANCE & LEVAHN • SAINT ANTHONY NATIONAL BANK BUILDING,SUITE 20D DATE: July 1, 1988 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS,MINNESOTA 55418 PLEASE DETACH AND RETURN THIS Mr. David Childs PORTION WITH YOUR REMITTANCE. City Administrator City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 AMOUNT REMITTED $ RE: Village Prosecutions DATE DESCRIPTION • $ 4,400.00 PAYMENTS Received $2,200.00 on 6/16/88 2,200.00 CR CREDITS & ACCOUNT ADJUSTMENTS • UNPAID PREVIOUS BALANCE FINANCE CHARGE PROFESSIONAL SERVICES 2,400.00 Legal services rendered for the month of July, 1988, re- lative to St. Anthony prosecutions. CURRENT FEES 2,400.00 NEW BALANCE DUE $ F71'MumPAYMENT DUE $ Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than $1.00, with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN STUART J. EONNIWELL • Certified Public Accountant 7101 York Avenue South Telephone Minneapolis, Minnesota 55435 (612) 921-3354 June 23,1988 City of St. Anthony Attn: Ms. Carol Johnson 3301 Silver Lake Road St. Anthony, Minnesota 55418 Professional Services Rendered: Progress billing regarding the examination of the financial statements of the City of St. Anthony for the year ended December 31, 1987 $9,000.00 • Allocation by Fund: General $4,800.00 Liquor 3,000.00 Utility 1,200.00 $9,000.00 • _ In Account With BRIGGS AND 1IORG AN FILE NO. 17538 PROFESSIONAL ASSOCIATION DCM 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 • TELEPHONE 19121 291-1213 June 30, 1988 City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Attention: Mr. - David M. Childs City Manager PLEASE DETACH TOP PORTION AND MAIL WITH PAYMENT City of St. Anthony v. U.S. Dept. of Army Our File No. 17538 For the period May 1, 1988 through May 31 , 1988 Summary of Services and Disbursements Attorneys/Paralegals Hours Rate Total David C. McDonald 17. 50 60. 00 $1, 050. 00 John B. Van de North 4 . 00 60. 00 $ 240. 00 Ann Huntrods 4. 80 60. 00 $ 288. 00 Neal T. Buethe 15. 17 60. 00 $ 910. 20 Maureen E. Warren 3 . 50 60. 00 $ 210. 00 Deborah L. Post 32. 85 40. 00 $1,314 . 00 Totals 77. 82 $4 , 012. 20 Disbursements : Photocopying Charges $ 62.60 Messenger Services 15. 00 Special Master Services 302 . 50 Long. Distance Telephone Charges 31 . 09 $411 . 19 $ 411.19 TOTAL AMOUNT DUE THIS STATEMENT . . . . . . . . . $4,423. 39 BRIGGS AND 1IORG F.30025 (R12-87) FED.I.D.#41.0954702 BRIGGS A\D -1IORGA-N' City of St. Anthony June 30, 1988 Page Two ATTORNEY DATE PARALEGAL TIME DESCRIPTION 5/2/88 McDonald .25 Telephone conferences with Capt. Mark Connor; conference with Jack Van de North; review Leisch statement of account. 5/2/88 Post 2 . 00 Prepare document index. 5/3/88 McDonald . 50 Review settlement agreement with Minnesota Transfer; conference with Jack Van de North; review Leisch statement of account. 5/3/88 Buethe 1 . 50 Draft deposition notices. 5/3/88 Post 1 . 75 Prepare document index. 5/4/88 McDonald 1. 35 Telephone conferences with Dave Childs and Tim Thornton; conference with Jack Van de North, Ann Huntrods, and Neal Buethe; prepare proposed order; review Minnesota Transfer' s memorandum; review Notice of Motion and Motion; prepare Memorandum in Support of Settlement Agreement; prepare Settlement Agreement; letters to Tim Thornton, Clerk of Court and All Counsel. BRIGGS Ai'D MORGAN • City of St . Anthony June 30, 1988 Page Three 5/4/88 Huntrods 1 . 50 Telephone conference with Gerald Williams and David Belluck regarding expert witnesses; conference with Jack Van de North regarding Minnesota Transfer settlement issues; revise brief regarding settlement of Minnesota Transfer Railway. 5/4/88 Van de North . 50 Work on Trio Solvent settlement issues . 5/4/88 Buethe ' 3 . 00 Legal research regarding deposition notices ; draft deposition notices for Honeywell and Federal Cartridge Corporation; review Release Agreement • with Dave McDonald. 5/4/88 Post 1. 75 Index documents . 5/5/88 Huntrods . 50 Conference with Neal Buethe regarding Rule 30 (b) ( 6 ) deposition notices . 5/5/88 Van de North . 50 Interoffice conference regarding discovery issues and Trio Solvent. 5/5/88 Buethe 2 . 00 Deposition preparation for Honeywell ; legal research and draft questions ; meeting with Dave McDonald and Ann Huntrods ; Notices of Deposition for Federal Cartridge Corporation and Honeywell. 5/5/88 McDonald 1 . 00 Telephone conferences with Tim Thornton, Bill Skallerud, Dave Childs, and Maureen Warren; review • BRIGGS MORGA-NT City of St . Anthony • June 30, 1988 Page Four Settlement Agreement; conference with Ann Huntrods, Neal Buethe, Deb Post, and Jack Van de North; prepare notices of deposition; review St. Anthony newsletter; prepare revised St. Anthony demand letter. 5/5/88 Post 2. 00 Organize documents . 5/6/88 Buethe . 50 Deposition preparation and notice. 5/6/88 McDonald . 70 Conference with Maureen Warren; meeting with Tim Thornton; review Army Discovery Order; prepare Settlement Agreement with Minnesota Transfer; prepare settlement proposal for • Army. 5/6/88 Warren . 50 Review Argonne documents produced by Army with April 1, 1988 Order. 5/9/88, McDonald . 40 Telephone conferences with Maureen Warren and Tim Thornton; conference with Jack Van de North, Don Diddams, and Mary Harens ; review letter from Thomas Schulte ; review agenda for TCAAP community leaders meeting; review Settlement Agreement with Minnesota Transfer. 5/9/88 Warren . 50 Telephone conference with Judy Karon regarding St. Anthony CDBG Application and loan condition. 5/9/88 Post 2. 00 Review and revise document index. • BRIGGS Awn MORG-4— City of St. Anthony June 30, 1988 Page Five 5/10/88 Buethe .75 Conference with Jack Van de North regarding Trio Solvent settlement ; deposition preparation for Honeywell deponents . 5/10/88 Van de North 1. 00 Telephone conferences with Scott Smith, and Tim Thornton; prepare for Trio Solvent settlement hearing. 5/10/88 McDonald 3 .75 Telephone conferences with Scott Smith, Karen Cole, Ken Olson, Bill Skallerud, Bob Sundlund, and Dave Childs ; conference with Jack .Van de North; meeting with City Council; prepare revised claim for Leisch costs ; prepare revised settlement proposal. 5/10/88 Post 1 .75 Index documents;. pull documents for Jack Van de North. 5/11/88 McDonald 3 . 55 Meeting with Chuck Dayton and Jack Van de North; conference with Jack Van de North and Ann Huntrods; review letter to Chuck Dayton; meeting with Janet Dagleish; review letter to Lewis Walker; review resolution regarding temporary carbon system; review authorization for settlement; review newsletter; meeting with Lewis Walker, Dave Childs, Capt. Mark Connor, D. Jones, Army, New Brighton, EPA, MPCA, St. Anthony Officials, and New Brighton Attorneys . • BRIGGS ADD NZORG A�N City of St. Anthony June 30, 1988 Page Six 5/11/88 Huntrods . 40 Conference with Jack Van de North and Dave McDonald regarding St. Anthony negotiations with Army regarding water supply and hearing regarding Minnesota Transfer Railway settlement agreement. 5/11/88 Van de North 1 . 00 Appear regarding Minnesota Transfer Railway and Walburn settlement; telephone conference with Tim Thornton regarding same. 5/11/88 Buethe . 75 Legal research regarding Notice of Settlement issue; conference with Jack Van de North. 5/11/88 Post 2 . 00 Index documents. 5/12/88 McDonald . 10 Conference with Jack Van de North; review Order regarding Minnesota Transfer settlement. 5/12/88 Huntrods . 50 Conference with Jack Van de North; telephone conference with Tim Thornton regarding Settlement Order for Minnesota Transfer Railway; review Judge Renner' s Order regarding same. 5/12/88 Van de North . 25 Review Order from Judge Renner regarding Trio Solvent . 5/12/88 Buethe . 17 Review April 1988 progress report. 5/12/88 Post 1. 0.0 Index documents. BRIGGS AXD MORGA'v • City of St. Anthony June 30, 1988 Page Seven 5/13/88 McDonald . 20 Conference with Maureen Warren; review letter to Peter Colby; review letters from Thomas Schulte; review ROD on New Brighton carbon system. 5/13/88 Buethe . 50 Prepare Notice of Deposition for Honeywell. 5/13/88 Post 1 . 25 Index documents . 5/16/88 Buethe . . 50 Prepare Notice of Depostion for Federal Cartridge Corporation. 5/16/88 Post 1 . 00 Index documents; conferences with clients regarding authorizations for settlement. • 5/17/88 Buethe . 50 Finalize settlement documents; revise Notices of Deposition for Honeywell and Federal Cartridge Corporation. 5/17/88 Post 1 . 0.0 Index documents . 5/18/88 McDonald . 10 Review letter from Gerald Willet; conference with Neal Buethe. 5/18/88 Buethe 1 . 50 Review Notice of Deposition; contact MPCA regarding Site G permit; conference with Dave McDonald; Trio Solvent Settlement documents . 5/18/88 Post 1 . 75 Index documents . 5/18/88 Huntrods . 25 Telephone conferences with Karen Cole regarding summary judgment motion and papers; conference with Jack Van de North regarding same. • BRIGGS ADD 1AORG AN City of St. Anthny June 30, 1988 Page Eight 5/19/88 McDonald 1. 00 Telephone conference with Dave Childs; conference with Jack Devney and Maureen Warren; review letter from Thomas Schulte regarding RI schedules; review letter from Dave Childs ; review letter from Maureen Johnson; review MPCA agenda; review MPCA issues statement. 5/19/88 Buethe . 50 Draft Rule 23 . 05 Motion. 5/19/88 Post 2 . 00 Index documents. . 5/20/88- Buethe . 50 Draft Rule 23 . 05 Motion. 5/20/88 Post 2 . 00 Index documents. 5/23/88 McDonald . 15 Conference with Maureen • Warren, Jack Van de North, Ann, Huntrods, and Neal Buethe. 5/23/88 Buethe 1 . 00 Work on Rule 23 motion papers; revise Pierrenger Release. 5/23%88 Post 1. 50 Index documents. 5/24/88 Buethe . 50 Work on Rule 23 . 05 dismissal papers; assignment of claims contract. 5/24/88 McDonald 2 . 00 Review letter from Capt. Mark Connor; review notices of deposition; review MPCA status report on TCAAP; conference with Maureen Warren; meeting with Maureen Warren and Janet Daglish; review MPCA agenda; review bid tabulation; review notice • BRIGGS MORG AI • City of St. Anthony June 30, 1988 Page Nine of sale of bonds; review MPCA issues statement regarding temporary water; attend MPCA board meeting regarding authorization of temporary water system. 5/25/88 Warren 1. 00 Meeting with Dave McDonald on discovery; . telephone conference with County and Dave Childs on CDBG grant to St. Anthony. . 5/25/88 Post 2 . 00 Index documents ; pull documents for depositions; meeting with Jack Van de North, Dave McDonald, Neal Buethe, and Maureen Warren regarding same; pull Argonne abstracts • for Dave McDonald; pull SOP ' s for Maureen Warren. 5/25/88 Buethe . 50 Meeting regarding depositions ; final revisions to Rule 23 . 05 motion. 5/25/88 McDonald . 90 Conference with Maureen Warren, Jack Van de North, Neal Buethe, and Deb Post; review notices of deposition; review St. Anthony documents regarding temporary water system; review letter from Peter Colby; review Argonne Report; review document abstracts ; meeting regarding depositions and document discovery; review letter from R. Massey and A. Kleinrath; review privilege index; review statement of Leisch and Associates; review letters from Thomas Schulte; • BRIGGS axn MORG?-N City of St. Anthony • June 30, 1988 Page Ten review letters from B. Constantelos; review SERCO report. 5/26/88 Huntrods . 50 Conference with Jack Van de North regarding discovery matters in preparation for deposition, MPCA action at May 24, 1988 Board meeting regarding studies regarding TCAAP and St. Anthony. 5/26/88 Post 2 . 00 Pull documents for depositions. 5/26/88 Buethe . 50 Document review; meeting with Jack Van de North; final Rule 23. 05 motion. 5/26/88 McDonald . 25 Review St. Anthony newsletter. • 5/26/88 Warren . 50 Telephone conference with Dave Childs on CDBG and review CDBG agreement. 5/27/88 McDonald . 95 Conference with Maureen Warren; telephone conference with Nick Nierengarten; meeting with Jack Van de North, Ann Huntrods , Maureen Warren, and Deb Post; review fee agreement; review legal statements . 5/27/88 Huntrods . 50 Conference with Jack Van de North, Dave McDonald, Maureen Warren, and Deb Post regarding deposition. 5/27/88 Warren 1. 00 Meeting with Jack Van de North, Ann Huntrods, and Dave McDonald. 5/27/88 Van de North . 25 Meeting regarding discovery issues and telephone conference with Nick Nierengarten. • BRIGGS &xn MORGAN City of St. Anthony June 30, 1988 Page Eleven 5/27/88 Post 1 . 80 Pull documents for depositions. 5/28/88 Van de North . 50 Miscellaneous legal research regarding natural resource damage claim; review Trio Solvent motion papers. 5/31/88 Huntrods . 65 Telephone conference with Nick Nierengarten. 5/31/88 Post 2 . 30 Pull documents for depositions ; review Federal Cartridge Corporation' s request to update same; conference with Ann Huntrods . 5/31/88 McDonald . 35 Telephone conference with Dave Childs; conference with Ann Huntrods. • , INVOICE ENGINEERS■ARCNIrECrS•PLANNERS • 222 EAST LITTLE CANADA ROAD,ST.PAUL MINNESOTA 55117 612 4E4-0272 City of St. Anthony June 28, 1988 3301 Silver Lake Road St. Anthony, MN 55418 FOSS ROAD ATTN: Larry Hamer, Director PUMPING STATION of Public Works INVOICE NO. 2249 SEH FILE NO. 88185 FOR PROFES SIONALSEROCES: FOR PERIOD APRIL 17 THRU MAY 14, 1988 For Plans and Specifications for replacement of existing sewage pumping station ( Foss Road) . In accordance with Council authorization. Project Manager 13.0 hrs @ $65.75/hr = $ 854. 75 Engineer Technician hrs @ $49 . 78/hr = 398. 24 Mileage & Expenses 12. 50 $1, 265.49 • TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE . . . . . . . . $1, 265.49 FOR 39% COMPLETE ON PLANS & SPECIFICATIONS Atittv of 191"uicrsVf r? SS COUNTY OF RAMSEY.CITY OF SAINT PAUL Duane W- P1 1 i O In said County and State.being duly swom. on oath,says,that he is P A fi i d An of the Shorl-Ellion-Hendrickson,Inc.,that the foregoing account is just and true;that the services therein charged were actually rendered. ■ and of the value therein charged;that the fees or amounts char Cher a are sucn as aLe allowed by law;and that no pan of such gETjy J. ERSKINE arxount has been t:OTARY PUBLIC-N'INNESOTA 134%1SEY COUNTY Subscribed and sworn to tore me tns. day�t� 1g _ IJ,Y COt^h.; EypIRE P".4Y 27. 199? YW VN%W�-VVV"VWWVVVV%Vs/YV'e My commission expires 19 � SHORT ELLIOTT ST PAUL„ CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN . ain thon ills e • Administrative Offices 3301 Silver Lake Road, St Anthony, Minnesota 55418 (612) 789-8881 P R O C L A M A T 31 O N Natiornal NicJlzt Out — 3- 988 WHffi2EAS, the National Town Watch Association is sponsoring a special , coast-to-coast-- community- crime prevention project on the evening of August 9, 1988 , called "National Night Out"; and WI�REAS, the community plays an essential role in assisting the Police Department in it's cooperative crime prevention efforts in St. Anthony and is supporting the 5th annual "National Night Out" locally; and f�18EI2EAS, it is important that all citizens in St. Anthony be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WS REAS, "National Night Out" provides an opportunity for St. Anthony to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and theme of the WHEREAS, neighborhood spirit and cooperation is the t h "National Night Out" project and is also the key ingredient in helping the local police to fight crime. NOW, THEREFORE, I, Mayor Robert J. Sundland, do hereby call upon all of the citizens of St. Anthony to join the National Town Watch Association in supporting and participating in "National Night Out" on August 9 , 1988. FORMER, LET IT BE RESOLVED, that I, Mayor Robert J. Sundland, do hereby proclaim August 9, 1988 as "NATIONAL NIGHT OUT" in St. Anthony Village. Mayor Date Robert(Bob) Sundland,Mayor David Childs,City Manager Council members: Richard A Enrooth,Judy Makowske,George Marks,Clarence Ranallo LAW OFFICES HANCE Ei LE VAH N ,. LTD. SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200 • 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA 55418 EDWARD J. HANCE JOEL T. LEVAHN - PAUL W. FAHNING TELEPHONE ALLEN R. DESMOND (612) 761-4656 ASSISTANTS TERESA H. CRAVEN KATHRYN A.DAILEY June 27 , 1988 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: Enclosed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court on June 15 , 1988 . Should Er u have any questions or comments, please contact me. Your truly, D J. HANCE En osure EJH/kd i • • ST. ANTHONY •PROSECUTION ACTIVITY June 15, 1988 HANCE & LEVAHN, 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 Andrew W. Danielsen DEFENDANT PLEA SENTENCE Allen, Robert Wesley Charged with no insurance, Fine - $200.00; Jail - 10 days, 10 108 possession of marijuana in motor days stayed one year; On condition vehicle, expired plates, and of no same or similar offenses for no Minnesota driver ' s license; one year . Pled guilty to no- insurance charge; Other charges dismissed. Benjamin, Franklin James Charged with DAR and no 115 insurance; Continued until September 12 , 1988 , for plea when Defendant will appear before The Honorable Pamela G. Alexander for a gross misdemeanor revocation hearing. Bobenmoyer , Glen Alvin Charged with gross DWI and Engstrom, 115 gross alcohol concentration of .10 or more within two hours ( . 27) ; Pre-Trial set for July 6 , 1988. Bridgeman, Kevin James Charged with domestic assault; 115 -Pre-Trial set for July 20, 1988. Ellis, David Lawrence Charged with careless driving, Fine - $200 .00 for each offense; 113 no insurance, and operating Jail - 10 days, 10 days stayed one motorcycle without endorsement; year for each offense; On conditions Pled guilty to careless driving of no same or similar offenses for and no insurance charges; Other one year. charge dismissed. Farinella, Theresa Ann Charged with gross misdemeanor Stay of imposition of sentence for Engstrom, 114 theft; .Pled guilty; Stay of one year with dismissal at that time imposition of sentence for on conditions of $700.00 restitution one year. to victim and attendance at shoplifting program. Ferraro, Theodore Daniel Charged with careless driving; Fine - $200.00 . 108 Pled guilty. Fesler , Jr. , Stephen Charged with DWI and alcohol Fine - $350 .00; Jail - 30 days, 28 Jeffrey concentration of . 10 or more days stayed one year; On condition 114 , 116 within two hours ( .15) ; .Pled of no same or similar offenses for guilty to DWI; Other charge one year. dismissed. Glass, Mari-Lea Leoba Charged with DAS , no insurance, DAS and no insurance charges con- 114 and expired registration; DAS tinued one year for dismissal on and no insurance charges I conditions of no same or similar continued one year for dismissal; offenses for one year and payment of Other charge dismissed. $100 .00 in court costs. Gossett, Charles Keith Charged with aggravated DWI , Jail (on both charges) - 90 days, 82 Engstrom, 113 DWI , alcohol concentration of .10 days stayed two years; On conditions or more within two hours ( .13) , of no same or similar offenses for DAR, no insurance, and open two years, payment of $75.00 alcohol bottle; -Pled guilty to aggravated assessment fee, and submission to DWI and no insurance charges; chemical dependency evaluation as Other charges dismissed. recommended by probation officer. Hage, Linda Jean Charged with DAS and rear DAS charge continued one year for 108 license plate not illuminated; dismissal on condition of no same or DAS charge continued one year similar offenses for one year. for dismissal; Other charge dismissed. Holt, Bradford Wayne Charged with speeding (as 113 misdemeanor) ; Speeding charge recertified as petty misdemeanor; Court Trial set for August 3, 1988 , at 2:00 p.m. Knutson, Thomas Alan Charged with DAS, no insurance, Fine - $200.00. 116 and expired registration; Pled guilty to DAS; Other charges dismissed. Lucas, Luke Lambert Charged with DWI , alcohol Thoemke concentration of . 10 or more within two hours ( . 16) , and speeding; Pre-Trial set for August 3 , 1988. Marmon, Jon Allen Charged with DAR and speeding; 113 No appearance at June 15 , 1988 , arraignment; Bench warrant issued. Martinez, Daniel Cordova Charged with DAR and no insurance; 113 , 116 Pre-Trial set for August 3, 1988. Monaghan, Timothy Jerome Charged with DWI , alcohol concen- Fine - $200 .00 ; Jail - 30 days, 28 114 tration of. 10 or more ( .14) , and days stayed one year; On conditions speeding; .Pled guilty to DWI; of no same or similar offenses for Other charges dismissed. one year. .Peddycoart, David Allen Charged with DAR, no insurance, 113 revoked plates, and possession of marijuana in motor vehicle; Arraignment continued until July 6 , 1988. Prestemon, Damon Rae Charged with no insurance, 115 defective equipment, and expired driver ' s license; No appearance at June 15 , 1988, arraignment; Bench warrant issued. Ranallo, Thomas Arthur Charged with expired plates 108 and no insurance; File transferred to Minneapolis City Attorney for prosecution due to conflict of interest. Rodriguez, Raymond Michael Charged with DWI , open bottle, 114 and driving over center line; Pre-Trial set for July 6, 1988 . Roesler , Randal Lee Charged with no insurance, Fine for both offenses - $200.00 per 115 illegal use of license plates,, offense. and possession of marijuana in motor vehicle; Pled guilty to no insurance and illegal use of license plates charges; Other charge dismissed. Skavnak , Jeffrey Scott Charged with no insurance and Fine - $100.00 . 108 defective headlights; Pled guilty to no insurance charge; Other charge dismissed. Tyler, Scott David Charged with trespassing and 113 no insurance; No appearance at June 15 , 1988 , arraignment; Bench warrant issued. Wanamaker , Mark Wayne Charged with gross DWI ; Engstrom, 115 Pre-Trial set for August 3, 1988. Weeber , Michael Allen Char9ed with DAR and defective Jail - 30 days, 28 days stayed one 115 headlights; Pled guilty to DAR; year; On condition of no same or Other charge dismissed. similar offenses for one year. Wickstrom, Carolyn June Charged with DWI , alcohol 113 , 115 concentration of . 10 or more ( .13) , and alcohol concentration of .10 or more within two hours ( .13) ; .Pre-Trial set for July 6, 1988. P R E - T R I A L S - The Honorable Andrew W. Danielsen DEFENDANT PLEA SENTENCE Hastay, Thomas Alan Charged with DAS; Charge Charge continued one year for 112 continued one year for dismissal. dismissal on conditions of no same or similar offense for one. year and payment of $200 .00 in court costs. Sinner , Richard -Paul Charged with no insurance and 114 speeding; No appearance at June 15 , 1988 , pre-trial; Bench warrant issued. Virchow, Jr. , Harold Charged with DWI , alcohol Francis concentration of . 10 or more 115 within two hours ( . 25) , and alcohol concentration of . 10 or more ( .25) ; Pre-Trial continued until July 20 , 1988. C O M P L A I N T S DEFENDANT OFFICER CHARGE Amundson, Philip Gregory Officer Dominic Cotroneo Charged with operating motor vehicle without required insurance, giving false information to police officer, and defective brake lights. Ball, Daniel Dean Officer John MacQueen Charged with operating motor vehicle without required insurance and expired registration. Bayuk , Jerry Mike Officer Dominic Cotroneo Charged with owner allowing unin- sured motor vehicle to be operated. Bayuk , Joan Mary Officer Dominic Cotroneo Charged with operating motor vehicle without required insurance. Blomlie, Bambi Jean-Carole Officer John MacQueen Charged with operating motor vehicle without required insurance and expired registration. Forbes, Jeffrey Jay Citizen' s Complaint Charged with fifth degree assault. Gaustad, Dale Thomas Officer Dominic Cotroneo Charged with driving after. revoca- tion and expired registration. I Junger , Dana Marie Captain Richard Engstrom Charged with issuance of worthless checks. McGruder , Garrett Peyton Officer William Ferguson Charged with reckless driving. Milbrett, Anita Rae Captain Richard Engstrom Charged with theft of more - than Officer Jeffrey Scholl $200.00 but not more than $500 .00 and issuance of worthless checks. Naughton, John Anthony Officer Jeffrey Scholl Charged with operating a motor vehicle without the required insurance, defective headlights, and defective tail lights. Oswald, Leonard Leroy Captain Richard Engstrom Charged with fleeing a police Officer David Carlson officer in a motor vehicle, reckless driving, and driving after revocation. Pream, Mary Margaret Officer David Carlson Charged with driving after suspension. . Redland, Roger Alan Officer David Carlson Charged with driving after suspen- sion, possession of marijuana in a motor vehicle, and passing through red semaphore. Stanley, Criag Thomas Officer David Carlson Charged with operating motor vehicle without the required insurance and defective tail lights. Stephan, Thomas Michael Officer David Carlson Charged with operating motor vehicle without the required insurance, driving with expired driver ' s license, and defective brake lights. Thomson, Kevin Eric Officer John Ohl Charged with operating a motorcycle without the proper endorsement. Ward, David Raymond Officer Dominic Cotroneo Charged with operating motor vehicle without the required insurance. D I S M I S S A L S DEFENDANT CHARGE REASON FOR DISMISSAL Geil, Robert John Charged with operating motor The citations were issued to the St. Anthony Citation vehicle without required wrong person due to false infor- Nos. 188-620687-7 and insurance and defective mation being supplied to the 188-620688-5 equipment. arresting officer. When Mr. Geil received the citations in the mail, he brought them to the St. Anthony -Police Department where the arresting officer verified that Mr. Geil was not the party he had stopped. ST. ANT;IONY FIRE DEPARTHEUT, , M014TIlLY REPORT I COMPANY DATE T I!lf: LOCATIOIJ LOSS RFMARKS AT FIRST PECI�U CO�tPA.ti 'FIRES AID DUTY IA'SPT -4:FRIA ,15, HRS IMIN HRS IHItl HRS IMIN HRS J4: �rc,ES 0) q SI _ 1 ,-S c 3a) r 3 0� (3.5) 6 6 i ST. ANTHONY FIVY' DFPA1lTI1ZiJT COMPANY 7-N6W g IZ �-«Lvcv-- I MONTHLY REPORT DATE TIME LOCATIO14 LOSS RFMARKS AT FIRST SPECIAL COMPAN FIRES AID DUTY I NS PT '0' HRS 114IN HRS MIN HRS MIN HRS 6MI 33b 6-I I8y-1 `idle Z9 \OE-1 C�VR 3S1 6- 1 191 IS' >)Z� Sl�vG2 �A1� 9D 35-3 i f s /c�c�S SZ� /(<<} ' �'r'�Al c C - s i iq/,, - 3S6 t L 2.5-7 6- 3 /396 - - C6 C _ i. uc, F'7. 31-1 — 3s8 A-2 IS-1 1N PC o Z5-01 LLop 1 � _. l N,�i h JTr is kf -361 -J l)– /J. _ z 26L-4u;t,(-d c�O J S '-.7 ` ��/ �tl�s4LCIA( - �x (L:g/ l — PAC, 6- o>v ST. ANT;IONY FIRE DFPARTI12"UT MONTHLY REPORT coMPArnr E►��; t z 1 Try _ c l j E I g s 8 ?I UN DATE TI!lr LOCATION LOSS REMARKS AT FIRST SPECIAL COmPAN FIRES AID DUTY INSPT tiRS 14IN t[RS iMIN NRS IMIN HRS Ml 36 k4I 3 L s SJLVCk, Ln x Eb, ps I-, 360>3 (,'8 ! c) 33-R`- Aoc K,PA 02,E no 0`f 11 C,0 S -QT T L,gc. ).b c h D i J b-I D 11 u D C10-1 315 b-t o LAW4 x 39"--f\X.il t✓ �cm: (4tATO f3 01 Cf_- r-1 C� s7(o -11 IN-zO qPA',,- m, -j POWE L'717 �Z 3 ?`9/3. MAPL.0 tv-000 PZ, 378 6-lam vvy 3azs sico n- .UC �_ r✓a�cA�-r9 ®on,,,�aL Sys,PTo, �o 379 -l3 PolpY 3ct)9 3-?-3 00,5 + A�;v vs B 1 cLC /S3pZ D Ir'9 rnonjD S -rma AeTIC.AL - rii4LL /S ' 3> 6-13 is y7 3aa s 8Z 6-I 30 5T r M614rci Sow CD ST. 11NTNONY FIRE UEPIIRT112.11T MONTHLY REPORT COMPANY &\)6 x(,12, Z/ , Vuc- 1( DATE TIME FIRES LOSS REMARKS AT FIRST SPECIAL COIIPkN „�. FIRES AID DUTY INSPT HRS PAIN liRS IMIN HRS MIN HRS 01 3,63 `-IS ozo'S zszo - zy-4, kx. �.J•6 . lMco►��t - c ( Lv 38y 6 1s 13 01 ): E 'v 394 6- z S lam— _ -ma-Eu A i 1(o-0 11,15- C. 7-c/- lY,4 6 C (0 s U .3 c-;L 9 jq uc , _/1.5 s/--s i /7D 3n 3a 3-9 b 3 SFLS0 CVb h i� �._�L7raMa�. ��1,�G(F_ ^1 30 3 6- " 6 A o o 379 F -- EC., ST. ANWONY FIRE [)PPARTHENT MONTHLY REPORT ` COMPANY-6,) 1. // J c2 / TC //�— �J V C- �� ?t,;; U,�'I'E TIME FIRES LOSS kF:MARKS AT FIRST SPECI,IL C011PAN FIRES AID DUTY INSPT *'0' HRS MIN IIRS MIN HRS MIN HRS 01 L /22/'0 cdL - L 3 Ci L-C;I / .cO elc- &, Q r- 1 -� �OZ b-ZZ II'aC� CA7\-j itALL— iql, qbS 6-zti { �A � � � 2 P�r � I LCo uoq i (x-22 (i,Zc1 ¢ R .Q.-��,ob� _ – NU►Sr�rJ%E F, Its — — Y�.+ �,!oZ( - 3 /Poo fi 2f- _ V-5 c / ' E IC l UUPID G I' LJ17, b-7, ' 5 dN p��;rf?�n� ('i ��. r�b�.t new ''a0 413 b�Z� `(I 6-ZS I�S� `�1�a N LL PALL OCVt- N.� imp i�i�rh � aw ZS k7-6 VCR/I�lt) ST. ANTHONY FI111' 1)1'PAIZTI13IIT 7 M014THLY REPOPT COMPANY 0UNE 19d3 Pt;;; DATE TIME LOCATIO14 LOSS REMARKS AT FIRST SPECIAL COMPAN FIRES AID DUTY INSPT O' HRS 114IN FIRS MIDI MRS I y I'1 to Z-7 CA-r%i I� b-Z'I �g`�`1 C'1x-ume+A � iei�ts ,m�►Tu� >�,� oQ1�.� 155- b-Z-) DOD TPINUJb kea, �( Zo 6-z8 3 FAmyl 6Lj _ F c_.�C_ �� lb `I 7,1- 16-v A EH yzZ_I olti0 ZS z SLL k Ez 311 MEeic'A� - �T1�vK,E y� 1.6c V 1130 ,17-10 11 l-fc..e YZ� 6-30 4 y — _� s=�� h-a E.I . l OS� z - ZQ 1 , y-Z, - ''3 p ' �l� ,fass� � SALES SUMMARY JUNE 1988 Store One Store Two Combined On Sale Off Sale On Sale Off Sale Sales - June '88 333,257.62 59,801.39 120,379.31 14,121.73 138,955.19 Sales - June '87 327,291.13 26,446.05 138,126.79 15,172.11 147,546.18 Increase $ 5,966.49 33,355.34 17,747.48* 1,050.38* 8,590.99* Increase % 1.83% 126.13% 12.85%* 6.92%* 5.82%* Sales - 6 Mos. 188 1,746,098.20 361,882.66 581,530.34 94,901.24 707,783.96 Sales - 6 Mos. 187 1,758,613.03 169,833.98 727,212.15 110,895.85 750,671.05 Increase $ 12,514.83*• 192,048.68 145,681.81* 15,994.61* 42,887.09* Increase % 0.71%* 113.08% 20.030* 14.42%* 5.71%* * Decrease ST. ANTHONY/NEW BRIGHTON CHEAP COUNCIL • COMMITTEE MEETING June 21, 1988 ATTENDANCE: Dorothy Fleming lack Griffin Rosemary Hannan ,John Pugleasa Michelene Verlautz CALL TO ORDER: The St. Anthony/hew Brighton C.H.E.M. Council meeting met on tune 21 . 1988 at SA V High School. The meeting was called to order by president, John Pugleasa. MINUTES: The minutes of the May 17, 1988 meeting were approved. TREASURER'S REPORT: Rosemary Hannan reported a balance of $532-55. BYLAWS: A motion was made to approve the BYLAWS as corrected. MOTION: Motion passed. OLD BUSINESS- John Pugleasa, Shelley Freeman and Michelene Verlautz will meet with St. Anthony Police Chief Don Nickerson to discuss the possibility of the D.A.R.E. project for St. AP.thony schools. • Bano's «'ill be opening this summer. John «x:11 report our interest in the opening to local media. NE X T '1 EETI G: Meetings will be held throughout the summer in the high school. You will be notified about a change in the date of the nest meeting. Approved: Prepared by Dorothy Fleming. Secretary i781 -0.361 ) • . �ox�x aox DATE: July 5, 1988 TO: Dave Childs, City Manager Department Heads FROM: Connie Kroeplin ITEM: STAFF MEETING NOTES - JULY 5, 1988 The meeting began at 10 : 05 A.M. Those present were Dave Childs, Larry Hamer, Ray Nelson, Don Hickerson and Connie Kroeplin. Lee- Entner was absent. Connie Kroeplin 1. Mrs. Kroeplin asked for articles for the upcoming Newsletter be submitted to her by July 6th. The following are some topics which will be in the Newsletter. a) election information; b) National Night Out Against Crime; c) water contamination update; d) sprinkling information; • e) airport noise; f) seal coating: 27th Avenue to 31st Avenue N.E. west side of Silver Lake Road; last week in July, first week in August. Larry Hamer 1. Well #3 is down and being repaired. Work is expected to be finished in about 2 weeks. 2. City parks/grounds are not being watered. 3. Regarding the temporary carbon filtration plant - the cylinders will be here this. Friday; the process piping will be installed during the, first part of next week by the Public Works Depart- ment. The three wells should be running by the end of July. 4. Bids .for the 40' X 43' metal building in conjunction with the temporary carbon filtration plant, will be opened July 20th. 5. The waterline behind the Stonehouse will be installed in the fall. 1 • Don Sickerson 1. Mr. Hamer asked Chief Hickerson to thank the Police Reserves for' the fine job they are doing in helping to keep sprinkling ban violators notified. The Reserves will begin working on the Neighborhood Crime Watch program soon. 2. The new police officer, Timothy Briski, started June 27th and will be in training for 2 to 3 months. Ray Nelson 1. New chairs are in place on the Stonehouse patio. Dave Childs 1. Mr. Childs asked that the draft budget worksheets be completed and submitted to him by August 1st. 2. Office personnel met with Mr. Childs last week. Because Mrs. Monson has decided not to take over the utility billing when Lila Johnson retires, a utility clerk will be hired along .with an administrative assistant and Mrs. Monson will remain the receptionist/licensing clerk. 3 . There will be a new tenant (restaurant) going in at Mickey D's location. They have agreed to remove the upper sign. 4. An H.R.A. special meeting has been scheduled for this Wednesday at 4:00 P.M. where, it is hoped, a new developer for the Ken- zie Terrace Redevelopment Project will be appointed. 5. Mr. Childs will be sending a memo to all of the 5, 10, 15, etc. year service award recipients to select their award. The meeting adjourned at 11:00 A.M. :cjk 2 • RESOLUTION 88-027 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY COUNTY WHEREAS, Ramsey County qualified as an urban county eligible to receive community development block grant funds; and WHEREAS, the County's population, among other factors, is a determinant of its eligibility; and WHEREAS, it is in the interest of the City of St. Anthony to be counted together with other municipalities of Ramsey County. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor and City Manager to execute the Joint Cooperation Agreement with Ramsey County on behalf of the City • of St. Anthony. Adopted this day of 1988 . Mayor ATTEST: City Clerk Reviewed for administration: City Manager • Ramsey County Board of Commissioners Warren W.Schaber,Ch D sma 6 316 Court House. 15 W. Kellogg Blvd. Dune Dhren4 • Saint Paul,Minnesota 55102 John T.Finley (612) 298-4145 District 3 RAMSEYCO JNTY Ruby Hunt District 5 Duane W.McCarty June 20 , 1988 District] Hal Norgard District 7 Donald E.Salverda District 2 Robert Sundland, Mayor Terry Schutten City o f St . Anthony Executive Director 3301 Silver Lake Road Minneapolis , MN 55418 Dear Mayor Sundland: Three years ago, the U. S . Department of Housing and Urban Development, hereinafter referred to as HUD, determined that Ramsey County would be eligible to become an entitlement County and receive an annual allocation in excess of one million dollars . This money would be to undertake housing and community development activities primarily benefiting the suburbs of Ramsey County. Seventeen Ramsey County suburban communities agreed to participate to ensure that a guaranteed annual allocation would be' earmarked for the County and those suburban municipalities which desired to participate actively in the program. Last week HUD notified Ramsey County that it would again be eligible to continue participation in this federal program. Our eligibility and actual dollar amount received are based upon the number of jurisdictions which join with us . On August 13 , 1985, your City signed a cooperation agreement with the County to ensure our eligibility. If your community had an HRA, you also signed a supplemental HRA agreement. We are again asking that you sign new three-year agreements at this time . In order - to meet the HUD deadline , our office must have your new agreements no later than August 15 , 1988 . The cooperation agreement you are asked to sign is essentially the same as the first one . Only two changes have been made . The first is an additional statement which references a separate agreement which we sign with a sub-recipient at the time that you decide to undertake a specific project . The addition is the final paragraph and may be found 'on page 8 . This is standard County policy and its inclusion in the cooperative agreement is now required by HUD. The second change references program income . In the initial agreement, a paragraph was included regarding program .income . This paragraph has been removed entirely as it is more appropriately dealt with on an individual basis depending upon • the project which you may undertake . No other changes have been made to -the cooperation agreement . .6. p.s • June 20 , 1988 Page 2 The supplemental HRA agreement remains unchanged. The County has not changed its position or plans for administering the program over the next three years . SIGNING A COOPERATION AGREEMENT DOES NOT REQUIRE YOU TO ACTIVELY PARTICIPATE IN THE PROGRAM. IT DOES PROVIDE THE COUNTY WITH THE NEEDED POPULATION TO QUALIFY AND INFLUENCES OUR ANNUAL ALLOCATION. Federal regulations also require that we advise you of your opportunity to "opt out" of the County' s entitlement and compete directly with other cities in the state ' s small cities program. We , of course , hope that you will not choose this route , as we feel that the County program is your best opportunity of receiving an allocation for an eligible project . If, however , you do choose to "opt out" , please be advised that you may not have an opportunity to participate with us for the next three years . "Opt out" notification must be made to both the County and the local HUD office no later than July 15 , 1988 . We have been very pleased with the active participation of several of our municipalities over the last three years . We would like to see more communities who believe that they have an eligible project contact us for the possibility of funding. It is interesting to note that every community that has proposed a project that meets the HUD national objectives and is prepared to proceed has received an allocation for their project . In summary, we ask that you return the enclosed cooperation and HRA agreements to us no later than August 15, 1988 . Either a Council Resolution or a statement from your legal counsel indicating the authority for the signatories to enter into the agreements should accompany them. We will return a fully executed copy to you. Should you have any questions , or need assistance , please contact Judy Karon, Director of Community and Economic Development, at 292-6461 . She will be happy to assist you. Sincerely, Warren W. Schaber , Chair Ramsey County Board of Commissioners WWS : sab • cc: Commissioner Don Salverda • JOINT COOPERATION AGREEMENT THIS AGREEMENT made and entered into by and between the County of Ramsey, State of Minnesota, hereinafter referred to as "COUNTY, " and the CITY/TOWN of , hereinafter referred to as "MUNICIPALITY, ' said parties to this -Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471 . 59 . W I T N E S S E T H: • WHEREAS, Title I of the housing and Community Development Act of 1974 , as amended, provides for a program of community development block grants; and, WHEREAS, Ramsey County, Minnesota qualifies under said law as an "urban county" eligible to receive community development block grant funds; and, WHEREAS, the County' s population, among other factors, is a determinant of the eligibility of the County and the amount of resources which may be made available to the County to undertake activities under the afore-referenced law; and, WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal regulations sets forth regulations governing the applicability and use of funds under Title I ; and, • WHEREAS, Section 570.105, titled "qualifications as urban 1 county" provides that computation of the County' s population may include persons residing in "unincorporated areas" and in "its • included parts of general local government with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants; " and, WHEREAS, it is in the interest of the City/Town of to have its population counted together with other municipalities of Ramsey County who similarly agree; NOW, THEREFORE, in consideration of the mutual covenants and promises ',contained in this Agreement, the parties mutually agree to the following terms and conditions. I . DEFINITIONS For the purposes of this Agreement, the terms defined in this section have the meanings given to them: A. "The Act" means the Housing and Community Development Act of 1974 , Title I, of Public Law 93-383, as amended ( 42 USC 5301 et seg. ) . B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Community" means any city or town in Ramsey County which has entered into a cooperation agreement which is identical to this Agreement. The regulations contained in 42 USC 5302 of the Act and 24 • 2 CFR 570 . 3 of the Regulations are incorporated herein by reference and made a part hereof. • II . PURPOSE Municipality and County have determined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and towns in Ramsey County and such numbers will enable the County to so qualify under the Act. The .purpos,e of this Agreement is to authorize the County to cooperate with the Municipality in undertaking, or assist in undertaking, essential community renewal and lower income housing assistance activities, specifically urban renewal and • publicly assisted housing pursuant to community development block grants as authorized in the Act and the Regulations . III . TERM OF -AGREEMENT The term of this Agreement is for a period commencing on the effective day of August 31 , 1988, and terminating no sooner than the end of the third program year covered by the application for the basic grant amount approved subsequent to the effective date. This Agreement is extended automatically for each subsequent three-year program period unless written notice of termination to be effective at the end of the current three year program period is .given by Municipality to County following the same schedule as the "opt out" notification requirements as established by HUD. The County shall provide written notification to Municipality of Municipality's right to "opt • 3 i out" and terminate this Agreement at least ( 30 ) days prior to the "opt out" date. • Notwithstanding any other provision of this Agreement, this Agreement shall be terminated at the end of any program year during which HUD withdraws its designation of Ramsey County as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of Municipality and County pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the Municipality in the office of the Ramsey County Executive Director, and in no event shall the Agreement be filed later than August 31 , 1988 . IV. METHOD The Municipality and County hereby agree that they will cooperate to undertake or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the Act. In making the application, the County shall address the goals and needs of County as developed in meetings between the Municipality, its citizens and the County, and also addressing the Act and other relevant Minnesota and/or Federal statutes or regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. Municipality and County agree that the County shall establish a reasonable time schedule for the • 4 development of the grant application. In preparing the grant application and allocating grant • funds received, the County shall consider projects proposed by the Municipalities. The County reserves the right to propose projects which are both consistent with the mutually-established goals, needs and priorities and within the County' s statutory implementation authority. No Municipality shall be required to propose a project. It is anticipated. by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Municipality or the County. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope. of the project, and the ability of each party to undertake the project, though it is understood by the Municipality that the County • shall have final responsibility for selecting projects from among those proposed by the Municipalities and the County and filing annual grant request. The County is hereby authorized to distribute to the Municipality such funds as are determined appropriate for the Municipality to use in . implementing a project and the County is hereby authorized to implement projects within the Municipality as are determined appropriate for the County to implement. Contracts let and purchases made pursuant to a project under this Agreement shall conform to the requirements applicable to the entity undertaking the project. V. SPECIAL PROVISIONS Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of Municipality or County • 5 to submit individual applications for discretionary funds in the event County does not receive designation as an urban county • entity under the Act. Nothing in this Agreement shall preclude the Municipality from establishing a Municipal Housing and Redevelopment Authority pursuant to MN Stat. 462 . 425. Nothing in this Agreement shall be deemed to create a county housing authority pursuant to MN. Stat. 462 . 426, Subd. 1-4 . Municipality and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents and employees relating to activities conducted by either under this Agreement, the Act or the Regulations, up to any applicable statutory limits of tort liability. - • In the event that there is a revision of the Act and/or Regulations which would make this Agreement out. of compliance with the Act or Regulations, both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. Both parties understand 'and agree that the refusal to renegotiate this Agreement will result in the effective termination of the Agreement as of the date it is no longer in compliance with the Act and/or Regulations as amended. All funds received by the County under the Act shall be deposited in the County treasury. Municipality and County shall maintain financial and other records and accounts in accordance with the requirements of the 6 J Act and Regulations. Such records and accounts will be in such form as to permit reports required of the county to be prepared • therefrom and to permit the tracing of grant funds and program income to final expenditure. Municipality and County agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event - for a period of less than three years from the date of completion of- any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. County shall perform all audits of the basic grant amounts and - resulting program income as required under the Act and • Regulations . All projects undertaken pursuant to this agreement shall be subject to home rule charter provisions, assessment, planning, zoning, sanitary and building laws, ordinances and regulations . applicable to the Municipality in which the project is situated. The parties mutually agree to take all required actions to comply with the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil. Rights .Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, Section 109 of the Housing and Community development Act of 1974 and with all other applicable requirements of the Act and the Regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate County's • responsibility to assume all obligations of an applicant under 7 i the Act, including the development of applications pursuant to 24 CFF 570 . 300* et seq. • The parties further agree that pursuant to 24 CFR 570. 501 (b) , the Municipality is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CFR 570. 503 . Such agreements are .only entered into when . a Municipality chooses to propose a project and actually will receive funds from the County' s entitlement allocation. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf this day of 1988. APPROVED AS TO FORM: COUNTY OF RAMSEY, STATE OF MINNESOTA By: Ass., tant C my Attorney Its: And: Its: CITY/TOWN OF CITY MUST CHECK ONE: The City is organized pursuant to: Plan A P B Chartereil By: Its: Hy: •Its: 8 • RESOLUTION 88-028 A RESOLUTION REGARDING THE APPROPRIATION OF MUNICIPAL STATE-AID FUNDS TO C.S.A.H. TO T.H. PROJECT (COUNTY ROAD "D" ) WHEREAS, ' it has been deemed advisable and necessary for the City of St. Anthony to participate in the cost of a construction project located on C.S.A.H. No. 93 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Department of Highways and identified in its records as S.A.P. No. 27-693-01. NOW, THEREFORE, BE IT RESOLVED, that we do hereby appropriate from our Municipal State-Aid Street Funds the sum of $4,542.35 dollars to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. Adopted this day of 1988. • Mayor ATTEST: City Clerk Reviewed for administration: City Manager CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution presented to and adopted by the Council of the City of St. Anthony, Minnesota, at a duly authorized meeting thereof held on the day of , 1988, as shown by the minutes of said meeting in my possession. City Clerk City of St. Anthony • CITY OF ST. ANTHONY ORDINANCE 1988- 006 AN ORDINANCE RELATING TO LICENSING, . EXEMPTING THE CITY FROM LICENSING FEES AND REQUIREMENTS; AMENDING SECTION 510 : 00 OF THE 1973 CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA ORDAINS: Section 1. That portion of Section 510: 00 of the 1973 Code of Ordinances preceding the table of licenses and license fees is hereby amended to read as follows : Section 510 : 00 . Business Licenses . No person, partnership, corporation, assoc- iation, or other business entity, other than the City of St. Anthony, shall engage in the following types of activity without first paying the fee listed and being issued a license as hereinafter provided: Section 2 . This Ordinance shall be effective as of its date of • publication. First Reading: June 14, - 1988 Second Reading June 28, 1988 Adopted: July 12 , 1988 Robert Sundland ATTEST: Carol B. Johnson City Clerk Published in the St. Anthony Bulletin on 1988 . • • CITY OF ST. ANTHONY ORDINANCE 1988-007 AN ORDINANCE RELATING TO ZONING; AMENDING ORDINANCE 1976-006 The City Council of the City of St. Anthony ordains: Section 1 . The City Zoning Ordinance 1976-006 is hereby amended by adding the following to Section 9, Subdivision 3 , Permitted Conditional Uses: 15. Motorcycle Sales and Accessories. Section 2 . This Ordinance shall be effective as of its date of publication. • First Reading: June 28 , 1988 Second Reading: July 12 , 1988 Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on • 0 ORDINANCE 1988-008 AN ORDINANCE RELATING TO LICENSES, PERMITS, AND BUSINESS REGULATIONS, AMENDING SECTION 430:00 OF THE 1973 CODE OF ORDINANCES The City of the City of St. Anthony hereby ordains: Section 1. Section 430 : 15 of the 1973 Code of Ordinances is hereby amended by adding a subdivision as follows: Subd. 24 . SHOPPING CENTER. Any group of four or more retail stores or service establishments on one or more contiguous tracts of land in single ownership, comprising 18,000 or more square feet of floor area with parking pro- vided on the tract or tracts of land for use in common by patrons. Section 2 . Section 430 . 15, Subdivisions 24-30 are hereby renumbered to accommodate the addition of the definition added by Section 1 of this Ordinance. Section 3 . This ordinance shall be effective as of its date of publication. First Reading: June 28 , 1988 Second Reading: July 12 , 1988 Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on O • C= TY O F S T _ ANTHONY HOU S 2 N G AND RED EVE LOPMENT AUTHOR=TY .DULY 1 2 , 1 9 8 8 C OUN C= L C HAMB ERS AGENDA A. Call to Order. B. Roll Call . C. Approval of June 28, 1988 H.R.A. Minutes. D. Claims. • 1 . Dorsey &Whitney - $2 , 357 . 50 . E. New Business. 1 . H.R.A. Resolution 88-001, re: Ramsey County CDBG. 2 . Kenzie Terrace Redevelopment - revised develop- ment contract. 3 . ' Review Preliminary Draft of Tax Increment Plan of Evergreen Townhomes . F. Adjournment. C 2 TY O F S T . ANTHONY • HOU S 2 N G AND REDEVELOPMENT AUTHOR=TY M 2 NUTS S .TUNE 28 , 1988 1 The meeting was called to order by Chair Sundland at 9: 32 P.M. 2 Present for roll call : Sundland, Vice Chair Enrooth, Secretary/ 3 Treasurer Marks, and Commissioners Makowske 4 and Ranallo. 5 Also present: David Childs , Executive Director 6 William Soth, H.R.A. Attorney 7 Vern Hoium and Ursula Sheehy of Evergreen Development 8 NAR('H S. 1988 H.R.A. MINUTES 9 Motion by Marks, seconded by Ranallo- to approve as presented. 10 Motion carried unanimously 11 BLS • 12 Before acting on the three billings from Dorsey & Whitney, Mr. Soth 13 explained the reference in the April billings to correspondence his 14 firm had with the attorney for a Kansas City Savings Association 15 related to the H.R.A. being named as a defendant in a lawsuit 16 involving the first phase of the Kenzie Terrace Redevelopment 17 Project. Mr. Childs told Commissioner Makowske he understood that a 18 closing for the refinancing .of the project had been scheduled for the 19 previous Friday, which, if it took place, would eliminate the need 20 for the lawsuit and any chance of the City being involved. Even if 21 that had not happened, Mr. Soth added that he believed he would be 22 able to remove the H.R.A. from the litigation. 23 H.R.A. Action 24 Motion by Marks, seconded by Ranallo to approve payments of 25 $2 ,119.95; $1 ,748.63 ; and $302.25 to the Dorsey & Whitney law firm 26 for legal services to the H.R.A. during February, March, and April , 27 1988. 28 Motion carried unanimously 29 DISCUSSION ITEMS 30 H.R.A. members had been provided with copies of the June 28th letter 31 from Richard Krier, President of Development Advisory Services, who 32 serves as H.R.A. consultant, in which Mr. Krier gave his recommenda- • 2 • 1 tions related to the proposed Evergreen Townhouse redevelopment 2 project. 3 Mr. Childs indicated Mr. Krier was recommending that the H.R.A. : 4 *should pass a motion recognizing the development as a "for- 5 sale" townhouse development to which the H.R.A. will provide tax 6 increment assistance for the extensive soil correction needed before 7 the project can proceed; 8 *should direct staff to negotiate a redeveloper's agreement 9 with Evergreen Development Corporation with the characteristics Mr. 10 Krier had stipulated in his recommendation; 11 *should authorize the preparation of a Tax Increment Plan which 12 would later be forwarded to Ramsey County and the school district 13 for their review; 14 *should schedule a public hearing on the project after which 15 the Tax Increment District can be certified by resolution. 16 The Executive Director anticipated the preliminary plan would be 17 ready by July 8th for consideration at the July 12th H.R.A. meeting 18 in such a form as could be sent to the county and school district. • 19 Mr. Hoium explained that with prime rate around 9% for the construc- 20 tion loan the banks have been indicating they would be charging 21 prime plus 2% plus up to 2 additional points which would bring the 22 rate right at the 13% shown in their proposal. 23 Mr. Childs indicated he would be proposing that the security be 24 handled the same way as the City had handled the Chandler Place 25 project where instead of the redeveloper having to put up a 26 $350,000. 00 Letter of Credit, Evergreen would carry the debt 27 themselves but with tax increments pledged to pay off their lenders 28 in the amount of the soils corrections, This would eliminate the 29 need for the City to sell bonds or to incur any up front risk. 30 The Manager said the way the security had been handled for Chandler 31 Place, the City had incurred no debt and the lender will receive 32 their bond reserve within a very short time. Because of -this, the 33 tax increment project had been developed at lower costs than would 34 have been incurred the other way. He perceived Evergreen's to be 35 the same kind of project for which some innovative way of financing 36 can be found. He added that this might be a way of balancing out 37 the risks both the City and the redeveloper have to take with a 38 project like this one. 39 Councilmember Ranallo asked Mr. Childs to prepare to report showing 40 just when the City would be paying off the Chandler and Kenzington 41 projects in the hopes that some day the City would probably be 3 • 1 able to lower the mill rate a little due to the revenues coming in 2 from those projects. 3 Holum Repgrts Receiving Good Lender Resuonse to the Project 4 The redeveloper indicated Evergreen had received three "solid" 5 proposals for financing so he didn't anticipate any problems with 6 financing the project. He also said thee was strong interest in the 7 project and they were not worried about sales at all. 8 H.R.A. Action 9 Motion by Ranallo, seconded by Marks to: 10 1. Designate Evergreen Development Corporation as the redeveloper 11 for the Evergreen Townhouse Redevelopment Project which is 12 recognized as a "for-sale" townhouse development to which the 13 H.R.A. will provide assistance in terms of soil correction. 14 2 . Direct the H.R.A. staff (Executive Director, Attorney, and 15 Planning Consultant) to negotiate a Redevelopers Agreement 16 with Evergreen. 17 3 . Authorize Development Advisory Services to prepare a Tax Incre- 18 ment Plan. 19 Notion carried unanimously 20 Mr. Childs indicated he hoped the redeveloper would be working on 21 the preliminary plat for the subdivision of the property and the 22 street vacation during the time the consultant is preparing the tax 23 increment documents so "everything can jell at the same time" so the 24 redevelopers would be able to get into the ground this fall. He 25 asked Mr. Hoium to call him at the office the following day so he 26 could tell him what kind of temporary signage the City Ordinance 27 allowed the project. 28 ADDITIONAL CLAIMS 29 A brief discussion of the two bills which Mr. Krier had submitted for 30 consulting services on the Kenzie Terrace Redevelopment Project and 31 the Evergreen Townhouse Redevelopment Project since January as well 32 as efforts being made by the architect on the Kenzie Terrace Phase I 33 project to get paid for his services on the Kenzington preceded the 34 following: 35 H.R.A. Action 36 .Motion by Enrooth, seconded by Marks to approve payment of $3 ,239.10 37 to Development Advisory Services for consulting services on the 38 Kenzie Terrace Redevelopment Project from January through May, 1988 , • 39 as well as $699.91 to the same firm for services related to the 4 • 1 Evergreen Townhouse Redevelopment Project from January through March, 2 1988 . 3 Motion carried unanimously 4 H.R.A. Okays Renzie Terrace Median Uocrade 5 Mr. Childs indicated he was seeking Council authorization to spend 00.00 to landscape 6 between $5 ,000.00 and $10 ,0 a the median area at the P of Silver Lake Road St. Anthon Boulevard, and Kenzie 7 intersection Y 8 Terrace, which is between Trillium Park and the City's liquor 9 operation with the help of the Village Gar denettes. He said he approximately 80 10 thought some of the arpr• y 000.00 available in dollars$ , 11 for the economic development district rather than City or Beautifica- 12 tion Funds money could be used for the project. The Executive 13 Director indicated decorative brick walkways would be provided for 14 pedestrians crossing the street in that area and flowers and other 15 landscaping would be planted in the areas where they don't walk. 16 There was agreement that the condition of the medians warranted these 17 expenditures and the H.R.A. agreed to look later at using some of 18 the redevelopment funds to replace overhead with underground utility 19 lines on Coolidge south of Kenzie behind -the shopping center. • 20 S.R.A. Action 21 Motion by Ranallo, seconded by Marks to authorize staff to prepare a 22 median plan for the intersection of Silver Lake Road, St. Anthony 23 Boulevard, and Kenzie Terrace, as proposed by the Executive Director. 24 Motion carried unanimously, 25 Mr. Childs and Mr. Soth gave an overview of what was happening in 26 relation to finding a redeveloper for Phase III of the Kenzie 27 Terrace Redevelopment Project. They indicated: 28 *they had been meeting with numerous companies who seem to 29 have an interest in the project, including CSM and E. J. Plesko 30 Company out of Milwaukee; who were willing to give the City 31 $40,000.00 to look at the project, but want their money back if they 32 didn't redevelop it; 33 *staff had repeated what they had told all other developers 34 with the same proposal, that the City wanted more commitment than 35 that; 36 *a lot of time is being spent with Lang/Nelson trying to 37 negotiate the acquisition of the triangular parking area next to the 38 Town and Country Store the redevelopers perceive they need to do the 39 project with larger unit size; • 5 • 1 *the latter have asked for a special meeting- with the H.R.A. 2 July 6th, where they would be willing to commit $20 ,000.00 in non- 3 refundable cash for a 60 day option on the project; and would sign a 4 Redevelopers Agreement and put up a Letter of Credit with the only 5 condition relating to financing; 6 *staff had come back suggesting a $40,000.00 with perhaps 7 $20 ,000 for the first 30 days and another $20,000.00 if they need 8 more time. 9 *they were in agreement that the developers were very sincere 10 in their desire to do the project; 11 *there was a possibility that if their deal with Norwest went 12 through, they would be able to finance the project through conven- 13 tional mortgages and might not use the Housing Revenue Bonds at all ; 14 *because of the time restrictions on the bonds, the H.R.A. is 15 almost forced to go with and stay with one developer at this point; 16 *Gaughan Company doesn't appear to be a viable candidate 17 anymore; 18 *the July 6th meeting with Lang/Nelson would be for the purpose 19 of showing the H.R.A. the project they were proposing at this time; • 20 delivering a signed Redevelopment Agreement and a Letter of Credit 21 and putting up non-refundable commitment money the amount of which 22 staff is still negotiating. 23 Mr. Childs presented the "worst case scenario" where at the end of 24 the 60 days Lang/Nelson would tell the H.R.A. they can't sell the 25 H.R.A. bonds and their whole project goes away. the H.R.A. would 26 then keep all the $450 , 000 .00 in the bank now, none of which Arkell 27 could claim if that happened. This amount of money would be enough 28 for the H.R.A. to provide some other subsidy for a different kind of 29 project and developer. 30 Even in the face of possible Arkell bankruptcy, the general consensus 31 was that the H.R.A. should not pay the developer anything at this 32 time. 33 When Commissioner Ranallo repeated all the discouraging things he was 34 hearing about the problems with developing rental property, Mr. Soth 35 told him the one thing he perceived was different about this project 36 was the fact that all the developers staff had talked to were in 37 agreement that the site St. Anthony had to offer was "choice" because 38 of its location, making it more probable than other projects they 39 knew of. 40 H.R.A. Action • 6 • 1 Motion by Enrooth, seconded by Sundland to schedule a special H.R.A. 2 meeting with Lang/Nelson at 4 :00 P.M. , Wednesday, July 6th. 3 Motion carried unanimously. 4 Motion by Marks, seconded by Makowske to authorize staff to have an 5 appraisal made of the triangular area of about 18,000 square feet in 6 the Town and Country parking lot for possible acquisition for the 7 third phase of the Kenzie Terrace Redevelopment Project. 8 Motion carried unanimously 9 AIkTODRMMENT 10 Motion by Enrooth, seconded by Marks to adjourn the meeting at 10:21 11 P.M. 12 Motion carried unanimously. 13 Respectfully submitted, 14 Helen Crowe • 15 :cjk • 335636 DORSEY & NVHITNEY A P.—...c 1 I—LL• — PMffI[f!(,.FILL Co.wa. .- 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 • (0121 340-2600 (Internal Revenue Account No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES June 30, 1988 Mr. David. M. 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 May 1, 1988 through May 31, 1.988, including New Developer: Telephone conference Tuschie re .mechanics lien claim; telephone conferences H. Schellhaus, R. Krier, A. Hamel , P. Bruer ; memorandum re arbitrage; conference and correspondence • R. Krier re form of Development Agreement; review Summons and Complaint in Home Savings/Meta, Gustafson litigations; telephone conference attorneys , for Home Savings; meeting P. Brewer and G. Bronk; telephone conference R. Sonneck re Knutson review; revise Redevelopment Agreement; telephone conferences D. Childs re same; draft personal guaranties of F. Lang and E. Nelson; telephone conference attorney for Meta re arbitrage earnings; conference D. Childs re arbitrage; conference M. Gould of E.J. Plesko & Associates re proposed development of apartment project; telephone conference S. Davis re changes in Development Agreement and Guaranty $2, 301.00 Plus Photocopy Charges 56. 50 Total Fees and Disbursements $2, 357 . 50 WRS/j as 615 178820 : 75, 80 • Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. • H.R.A. RESOLUTION 88-001 A RESOLUTION AUTHORIZING THE CHAIRMAN AND EXECUTIVE DIRECTOR TO EXECUTE THE SUPPLEMENTAL AGREEMENT TO COOPERATION AGREEMENT FOR THE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -BETWEEN THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AND RAMSEY COUNTY WHEREAS, Ramsey County qualified as an urban county eligible to receive community development block grant funds; and WHEREAS, the County's population, among other factors, is a determinant of its eligibility; and WHEREAS, the County and City of St. Anthony have entered into a Joint Cooperation Agreement for the Ramsey County Development Block Grant Program (to which this Supplemental Agreement is attached) ; and WHEREAS, it is in the interest of the St. Anthony Housing and Redevelopment Authority, as sub-recipient, to be counted together • with the City of St. Anthony and other municipalities* of Ramsey County. NOW, THEREFORE, BE IT RESOLVED, that the Chairman and Executive Director are hereby authorized to execute the Supplemental Agreement to Cooperation Agreement for the County Community Development Block Grant Program with Ramsey County on behalf of the St. Anthony Housing and Redevelopment Authority. Adopted this day of , 1988. Mayor Secretary/Treasurer Executive Director • SUPPLEMENTAL AGREEMENT TO COOPERATION AGREEMENT FOR THE • COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into by the County of Ramsey, State of Minnesota, hereinafter referred to as the "County," and the City of St. Anthony Housing and Redevelopment Authority, hereinafter referred to as the "local BRA." WITNESSETH: WHEREAS, The County and City of St. Anthony , hereinafter "City," have entered into a Joint Cooperation Agreement for the Ramsey County Development Block Grant Program (to which this Supplemental Agreement is attached); and WHEREAS, The local BRA is a duly organized municipal housing and redevelopment authority pursuant to Minn. Stat. 462.411, et seq. ; and • WHEREAS, The County and the local BRA wish to clarify their relationship in light of the aforementioned Joint Cooperation Agreement between the City and County. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows: 1. The local BRA acknovledges and agrees to be bound by all terms and conditions of the aforementioned Joint. Cooperation Agreement between the County and the City insofar as it relates to the duties, responsibilities and obligations of the local BRA under Minn. Stat. 462.411, -et seq. 2. The County agrees to* cooperate vith the local BRA and coordinated expenditure of any Community Development Block Grant funds vhich are expended vithin the City to the extent necessary to accomplish specified project objectives. • 1 3. The local HRA agrees to allov expenditure of Community Development Block • Grant Funds received by the County pursuant to the aforementioned Joint Cooperation Agreement and this Supplemental Agreement vithin the City and agrees to cooperate vith, the County to the extent necessary to accomplish specified project objectives. 4. In the event that the_ local HRA desires to administer the expenditure of Community Development Block Grant funds vithin the City, the local HRA agrees to negotiate an _ Administrative Services Contract vith the County to clarify the responsibilities of the local HRA in the administration of such funds. IN WITNESS WHEREOP, the parties hereto have caused this Agreement to be duly executed. APPROVED AS TO FORM: COUNTY. OF RAMSEY, STATE OF MINNESOTA Ass ant County Attorney Its: Dat . Date: By: Its: Date: CITY. OF St. Anthony HOUSING b REDEVELOPMENT AUTHORITY .By: Its; Lhairman Date: By: Its: Executive uirecZD7 Date: • 2 • DORSEY SC AVHITNEY A Pwrr 2-RI►IwCLUDINO Po►eeDw.a CowwDa.nows 350 PARE eYORK BANK PLACE 2200 FIRST SEW YORK,NEW YOBR 10020 EAST 1200 FIRST INTERSTATE CENTER (212)415-9200 MINNEAPOLIS, MINNESOTA 85402 401 NORTH 31•, STREET 3 GRACECHURCH STREET 612)3402600 P.O.BOX 7188 LONDON EC3V OAT,ENGLAND TELEX 29-0605 BILLINGS,MONTANA 59100 01-929-3334 TELECOPIER (612)340-2868 (406)252-3800 36.RUE TRONCHET 75009 PARIS,FRANCE 201 DAVIDSON BUILDING 01-42-66-59-49 8 THIRD STREET NORTH 340 FIRST NATIONAL BANK BUILDING HILLIA yI R. SOTH. P.A. GREAT FALLS, MONTANA 59401 P.0. BOX 648 (612) 3 10-2969 (406)727-363E ROCHESTER,MINNESOTA 55903 (507)288-3156 -127 EAST FRONT STREET MISSOULA,MONTANA 59802 510 NORTH CENTRAL LIPS TOWER (406)721-6025 445 MINNESOTA STREET ST.PAUL, MINNESOTA 55101 315 FIRST NATIONAL BANE BUILDING (612)2e7-8017 July 1, 1988 WAYZATA.MINNESOTA 55391 (C'12)4'15-0373 Mr. Stephen Davis 3910 Multifoods Tower 33 South 6th Street Minneapolis,- Minnesota 55402 Dear Steve : Paul Brewera and Greg Bronk l recent meeting Dave Childs and I had with Redevelopment Contract and the Guarantde certain revisions to the marked to show the changes from the previous opies draftoareaenclosed. I believe the enclosed changes correctly reflect all of the -points agreed upon by the parties, but if questions or comments, please let me know, you have receive the latest version of the survey from the surveyor one Tuesday. At that time, I will forward a co y Y• At and Paul Brewer for inclusion as an exhibitatodther Red velopment Contract. copy of By copy of this letter, I am also forwarding a clean the contract and a copy marked to the previous draft from , to show the changes satisfactor Paul Brewer . If the changes are y, Paul will be making the desired number of copies and will have them executed on behalf of St. Anthony LaNel for to presentation the HRA at a special meeting of the HRA on July 6. Very t ly yours, . 1 Wit i R. 60th • WRS :lmz Encl. cc : Mr. Paul Brewer Mr . David Childs Mr. Richard C. Krier s — t l 0372g • GUARANTY THI GUARANTY S GU dated as of _, 1988, made by (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, contemporaneously with the execution of this Guaranty, St . Anthony LaNel, a Minnesota limited 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 a general partner of Redeveloper and finds it advantageous, .desirable and in his 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: • 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 or 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- r, (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 person or entity securing the Guarantied Obligations or otherwise 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 creditors 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- • , • (g) consent to or waive any breach of, or any act, omission or default under, the Redevelopment Contract. 4 . No invalidity, irregularity or unenforceability of all or any part of the Guarantied Obligations or of any security therefor or other recourse with respect thereto shall 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 effected -by HRA with any such claimant (including • -4- Redeveloper) , then and in such event the Guarantor agrees that • any such judgment, decree, order, settlement or 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 originally 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 or 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- • of any of the obligations of Redeveloper or release of any security therefor by operation of law 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 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, with a copy to Stephen Davis, 3910 Multifoods Tower, 33 South 6th Street, Minneapolis, Minnesota 55402 . 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, terminated under the conditions set forth in the Redevelopment Contract . When such -6- conditions have been met HRA will, at the request of the • Guarantor, furnish the Guarantor written cancellation of this Guaranty. HRA. shall return the original copy of this Guaranty after it has been cancelled. 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 other 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- • enforcing a judgment 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, for 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 Guarantor shall. be, and is • -8- hereby expressly made, liable to HRA for the full 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 any way the obligations of the Guarantor under this Guaranty, and that upon the institution of any of the above actions, at the sole discretion of HRA, the Guarantor ' s obligations shall be enforceable against the Guarantor . -9- • • 17. This Guaranty (a) constitutes the entire agreement of the Guarantor and HRA, for whose benefit this Guaranty is 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 right 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 Guaranty as of the date and year first above written. Address : • -10- i REDEVELOPMENT CONTRACT KENZIE TERRACE REDEVELOPMENT PROJECT HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA AND ST. ANTHONY LANEL July 6, 1988 • • 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 Condemna}ion 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 I I Section 7 . 3 Approval of Mortgage PP • , Section 7 . 4 Copy of Notice of Default of Mortgagee Section 7 . 5 Mortgagee ' s Option to Cure Default 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 July 6, 1988, 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, Sections 462 .411-462 . 711 (the "Act" ) , and ST. AI�THONY LANEL, a Minnesota limited partnership ( "Redeveloper" ) . 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 July 14 , 1981 , pursuant to 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 out 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 redevelopment 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 health, 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; WHEREAS, Redeveloper has paid to the HRA earnest money in the amount of $20 , 000 . 00 and may under certain conditions pay to the HRA an additional $20, 000 . 00 (all of such amounts being herein referred to as the "Earnest Money" ) , which shall not be refunded to Redeveloper except as expressly provided in this Agreement . • 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 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 . • -2- "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 . "Assessed Value" 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 o -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 title 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 Property, 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. - "Earnest Money" means the $20 , 000 . 00 cash payment made by Redeveloper to the HRA on or before the date of this Agreement, plus the additional $20, 000 . 00 referred to in Section 10 . 8(a) , if it is paid to the HRA. -3- • • "Event of Default" means an act or omission by the Redeveloper or the HRA identified as such in Article X. "Guarantors" means Francis W. Lang and Eugene M. Nelson. "Letter of Credit" means the irrevocable bank letter of credit in the amount of $3604000, in the form attached hereto as Exhibit B. "Minimum 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 , et sea. , 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 sea. , as amended. "Permitted Encumbrances" means easements for drainage, public streets , sanitary sewer, water and other utilities and such other easements or rights-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, and nondelinquent real estate taxes and installments of special assessments . "Project" 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 . • -4- "Proposal" means Redeveloper ' s proposal dated August 10 , 1987 for redevelopment of the Redevelopment Property as submitted to the HRA, as modified by Redeveloper ' s plans submitted to the HRA on July 6 , 1988 , 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. "Redevelopment Property" means 'the property described on Schedule A. "Refunding" means the issuance of refunding bonds for .purposes of repayment of the Arkand Bonds sufficient to provide financing for 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. -5- • • 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 Act, HRA has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Project is a "redevelopment project" within the meaning of the Act and was created, adopted and approved in accordance with the terms of the Act . (c) HRA proposes to (i) acquire the Redevelopment Property by negotiation or condemnation, -- ( ii) relocate the existing tenants from the 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 limited partnership 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 performance o.f 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 . (c) The Minimum Improvements will be constructed so as to have an Assessed Value of at least $5, 700, 000 . • -6- (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 law, regulation or review procedure or which would give any person a valid claim 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 manner 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 . -7- is • 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 to Redeveloper . 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 prior to termination of this 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 Title. 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 20 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 costs 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 . • -8- (d) The Deed shall be in recordable form and shall be • promptly recorded at Redeveloper ' s expense, except that the HRA shall pay the State deed tax thereon. (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 Assessment Agreement , the Redeveloper shall have obtained the signature of the Hennepin County Assessor on the Assessor ' s Certification portion of the Assessment Agreement . The Assessment Agreement shall be in recordable form, shall 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 payah7c thereafter. At the time of closing, the amount�of real estate taxes payable in the year of closing shall be prorated on a calendar year basis 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 IV 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. Section 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 in conformity with the Redevelopment Plan, the Proposal , this Agreement, and all applicable state and local laws and regulations . The HRA shall approve the Construction Plans in writing if, in the reasonable 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 -9- 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. No approval by the HRA shall relieve Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the Redevelopment Plan, applicable federal, state and local laws, 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 within 45 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 written notification to Redeveloper of the rejection. The provisions of this Section relating to approval , rejection and resubmission of corrected Construction Plans shall continue 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, and subject to Unavoidable Delays, 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 substantial conformity with the Construction Plans approved by the HRA. Redeveloper shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment -10- 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 subject to approval of the City and any private utility company involved. Except for public improvements which are assessable by the City or other governmental body against other benefited properties, all street and utility installations , relocations , alterations 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 damaaed during demolition or constru,rFinn . 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 or 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 substantially 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 . • -11- • Section 4 . 5 Securitv for Performance. (a) If Redeveloper ( i) fails to submit Construction Plans which conform to the Proposal, or fails to submit proof that the Redeveloper has 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 commence or substantially complete construction of the Minimum Improvements as required under this Agreement, subject to Unavoidable Delays; then the HRA may give written notice to Redeveloper of the occurrence of such event . If Redeveloper has not cured such failure or failures 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 failure is by its nature incurable within 30 days , has not furnished 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 Property 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 its 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 . (d) After the foundation of the final building of the Project has been completed, as certified by the Project architect, the Letter of Credit will be returned to Redeveloper if Redeveloper provides the HRA with evidence that Redeveloper ' s obligations to complete construction of all Minimum Improvements is secured by an appropriate performance and payment bond naming the HRA as an obligee. -12- 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. 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 nrnnoac nF ....nztruct -- - _ ..,,....�..� ,....,.�.�y Ll,c iiinimum 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 1000 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 insurance in compliance with all statutory requirements; (iv) Contractual liability insurance relating to the indemnification set forth in Section 5 . 1 hereof . The policies of insurance required under clauses (i) , (ii) and (iv) above shall be in form and content satisfactory to the HRA -13- • 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 30 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 within 5 days after 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 prior to the event causing the damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, 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 not be paid to Redeveloper or any other party without the prior written consent of the HRA; provided, however, that Net Proceeds may be paid to Redeveloper ' s Mortgagee so long as they are used for restoration of the Minimum Improvements . (c) If Redeveloper is in compliance with this Agreement, then any Net Proceeds of insurance relating to such damage or destruction 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 other 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 -14- 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 tax increment generated by the Redevelopment Property and paid in the year 1992 and each subsequent year is less than $221, 100 per year (201 units at $1100 per unit) , then the HRA shall provide notice to Redeveloper of such fact specifying the amount of money which is equal to the difference between $221, 100 per year (commencing in 1992) and the tax increment which actually has been generated by the Redevelopment Property (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 by 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 . -15- • 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 contrary to the minimum value set forth in the Assessment Agreement . Section 6 . 3 Reimbursement to Redeveloper . If the Redeveloper makes any payments to the HRA under Section 6 . 1 hereof it 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 available to the HRA in an amount sufficient to reimburse the Redeveloper under this Section 6 . 3 the HRA shall be under 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 . The HRA agrees to cooperate with Redeveloper in Redeveloper ' s efforts to obtain such mortgage financing . 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 • -16- 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, which approval will not be unreasonably withheld if the encumbrance is to secure a loan for the purposes of obtaining funds only to the extent necessary for acquiring the Redevelopment Pro-perty and development of the Minimum Improvements . The HRA shall not approve any Mortgage which does not conform 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 discretion, that the mortgage loan, together with other funds available to Redeveloper, will be sufficient to construct the Minimum Improvements ; (d) determines that no Event of Default has occurred : and tel rlc--- no_c � _tea 44..�.; raasViaou u la iSorc%i0r,, 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 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 • -17- • 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. ARTICLE VIII Prohibitions Against Assignment and Transfer Section 8 . 1 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, except in .the case of the death or incompetency of the Guarantors or the general partners of Redeveloper, (a) there shall be no transfer of any interest of a general partner in Redeveloper, (b) nor shall any general 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 Guarantors cease to be general partners of Redeveloper . 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 -18- written approval of the HRA, which approval shall not be • unreasonably withheld if Redeveloper has completed the Minimum Improvements . 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 reasonably 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 the HRA would have had, had there been no such transfer or ( �'1 X1'1 11C TL•n�i. ..L�1 1 L_ __ Ju1.,,L,lll.CU Lu the rixA ror 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, Guarantors , 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 a general partner 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) : • -19- (a) Failure of Redeveloper to pay when due the • payments required hereunder within 10 days after notice from the HRA. (b) Failure of Redeveloper to construct or reconstruct the Minimum Improvements as required hereunder, after the 30-day notice referred to in Section 4 . 5(a) . (c) Failure -of Redeveloper to furnish the Construction Plans as required hereunder, after the 30-day notice referred to in Section 4 . 5 (a) . (d) Failure of Redeveloper to pay real estate taxes as required hereunder within 10 days after notice from the HRA. (e) Failure to replace the Letter of Credit as required under Section 10 . 10 . (f) 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 failure and requesting that it be remedied (or within such other period as otherwise expressly provided in this Agreement) . (g) If Redeveloper or either of the Guarantors 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 whole or any substantial part of the Redevelopment Property. (h) If Redeveloper or either of the Guarantors shall file a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws . (i) . If Redeveloper, or either of the Guarantors, 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 all 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 . (j ) If Redeveloper is in default under any Mortgage and fails to cure any such default within - the time period provided for in the Mortgage. • -20- 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 receives 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 . Section 9 . 3 . Revesting of Title. In the event that subsequent to conveyance of the Redevelopment Property to • Redeveloper: (a) Redeveloper (or successor in interest) shall fail to begin construction of the Minimum Improvements in conformity with this Agreement, and 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 obligations 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, -21- • • and such taxes or assessments shall not have been paid, or the encumbrance or 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 or other security reasonably satisfactory to the HRA in the amount of the lien, in a form satisfactory to the HRA pursuant to which payment of the lien is secured in the event that the lien is finally determined to be valid and during 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 Redeveloper; or • (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) title to the Redevelopment Property subject to Mortgages approved pursuant to Section 7 . 3 of this Agreement . The conveyance of the Redevelopment Property to Redeveloper shall be made subject to reversionary provisions to the effect that in the event of any default on the part of Redeveloper and failure 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 -22- 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 completing 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 costs, 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 _ _ ___r........t r,..,ray t2. WCLC iivi, bu exempt) ; (iii) any payments made or necessary to be made to discharge any encumbrances or liens existing on the Redevelopment Property at 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 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 as its property. Section 9 . 5 . No Remedy Exclusive. No remedy herein conferred 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 to 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 as 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 • -23- • 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 Individ"ually 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 liable 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 . . Section 10 . 2 Equal Employment Opportunity. Redeveloper, for itself and its successors and assigns , agrees that during the construction of the Minimum Improvements : (a) Redeveloper 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 • -24- 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 pr nn=rtir 4- n-A r.-1 +-„ --.A -- - ------'- - - & --- -j -.. . -- - -j —r uliu i1. uL.�.Uiva1LL.G 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 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 at 4601 Excelsior Boulevard, Suite 651, Minneapolis , Minnesota 55416 , Attention: Francis W. Lang, with copy to Stephen Davis, 3910 Multifoods Tower, 33 South 6th Street, Minneapolis, Minnesota 55402 . -25- (b) in the case of the HRA, . addressed or delivered personally to the HRA' s Executive Director, 3301 Silver Lake Road, St . Anthony, Minnesota 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 gives the HRA Redeveloper ' s notice of termination on or before August 19, 1988, - which date shall be extended to September 19 , 1988 if Redeveloper pays to the HRA an additional $20, 000 . 00 of Earnest Money prior to August 19 , 1988. (to increase the total Earnest Money to $40, 000 . 00) . (b) 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 . • (c) If the .HRA does not acquire title to the Redevelopment Property pursuant to the Time Table. (d) If the HRA does not convey title and possession of the Redevelopment Property to the Redeveloper pursuant to the Time Table. (e) If .the City does not approve a Planned Unit Development Detailed Plan (as defined in the City' s PUD ordinances) 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, with the time period required under the Time Table. (f) If the HRA gives Redeveloper written notice on or before August 19 , 1988 that the appraised value of all or a portion of the Redevelopment Property is unacceptable to 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, in all cases other than termination by Redeveloper under item (a) of this Section, the party giving such notice shall. -26- 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 shall retain the Earnest Money and return the Letter of Credit to Redeveloper . If this Agreement is terminated pursuant to item (b) of this Section, the HRA may retain the Earnest Money and draw upon the Letter of Credit and may retain the full amount thereof as. liquidated damages . If . this Agreement is terminated pursuant to items (c) , (d) , (e) or (f) of this Section, and Redeveloper is not materially in default hereunder, the Earnest Money and 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 (c) or (d) 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 Rede-eloncr fnr 4-U a�ci.uiuiiiy . 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 arbit-ration shall be divided equally between the parties unless the Board of Arbitration determines that the matter was not instituted in good faith, in which case the Board of Arbitration may assess the costs of arbitration against either party as it determines to be fair to the parties . Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes., except as herein otherwise expressly provided . Section 10 . 10 Letter of Credit and Guaranties . 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 -27- • • 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 Redeveloper meeting the requirements of Section 4 . 5(d) , or upon filing of the Certificate of Completion, the HRA shall return the Letter of Credit to Redeveloper and shall release the Guarantors from the personal obligations under the guaranties given by them. 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 1988, by Chairman and Secretary of the Housing and Redevelopment Authority of St . Anthony, Minnesota . Notary Public • -28- • By Its And Its STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1988, by Francis W. Lang and Eugene M. Nelson, General Partners of St . Anthony LaNel, a Mi nneSOI--a 1 i mi +-ari Y12r 11 4-' i r .,., t,�t, 1 f ..0 A--U i : .__ L_.3 __ __-----'-r• .... ... .. .:� �1n11"l:GC3 partnership. Notary Public DRAFTED BY: Dorsey & Whitney (WRS) 2200 First Bank Place East Minneapolis, Minnesota 55402 -29- • • SCHEDULE A REDEVELOPMENT PROPERTY • • SCHEDULE B • MINIMUM IMPROVEMENTS The Project will consist of 201 apartment units located in three buildings . Each building will be three stories of apartment units over an underground parking garage. All buildings will be wood frame construction with exterior brick, except for accent areas around balconies and extended living rooms . The first building will be a 48 unit structure with construction commencing in the Fall of 1988 followed by a 96 unit building starting in early Spring of 1989 and a 57 unit building shortly thereafter . Each building will Drnvi Hp at- l c—t _ ....c uuucLyLVLLllll parking space per apartment with the garage level to be constructed with a precast ceiling . Units will have either a balcony area or an extended living room. The roof of the buildings will be a hip type with asphalt shingles . Each unit will have its own individual • heating and cooling unit . The bathroom and kitchen floors will have sheet vinyl with the remainder of the flooring being carpeted. The walls and ceilings will be plaster board with various wall coverings . The kitchen will contain a range, refrigerator, disposal, and dishwasher . Some of the two bedroom units will have "split" bedrooms, i . e. the bedrooms will be at each end of the apartment and the living area between. There will be a sump pump in the elevator pit . The buildings will be serviced by elevators to all floors and will have a full security system. An internal trash collection system will be provided in each building to eliminate exterior dumpsters . Community rooms will be located in each building and laundry facilities will be located on each floor . An exterior swimming pool will be located on the site. The project will be heavily landscaped, accenting the entrance from Kenzie . • The first building of 48 units will be marketed to tenants age • 55 and older, as will the third building of 57 units . If these units are less than 50% occupied by residents 55 years of age or older after 6 months of marketing or less than 70% after 12 months, the developer will have the right to lease vacant units to the general market on a temporary basis until further senior residents can be found. Unit sizes will range from 1-bedroom units of approximately 800 square feet to 2-bedroom units of 1, 050 square feet . There will be some larger units due to the configuration of the buildings . • • SCHEDULE C • The following events shall take place, subject to Unavoidable Delays (as defined in this Agreement) by the date specified or by the specified number of days after the previous event, whichever occurs later . TIME TABLE Redevelopment Contract Section Task Date 10 . 10 Redevelopment Contract approved by July 6, 1988 HRA; submittal of Letter of Credit and Earnest Money ,.i,.,i.,..,r Ju.,t«lL, riiL Application. July 13 , 1988 10 . 8(e) Planning Commission PUD Public August 2 , 1988 Hearing and review of Detail PUD Plan. 3 .4 Title Commitment completed August 2, 1988 • a . Objections if any - 20 days b. Corrections if any - 120 days 10 . 8(e) City Council review of PUD August 9 , 1988 Application and Detail PUD Plan 7 . 3 HRA approval or disapproval of August 9 , 1988 Mortgage. 10 . 8 (a) Expiration of Redeveloper ' s right to August 19, 1988 terminate Redevelopment Contract . (or if additional $20, 000 paid, September 19, 1988) 5 . 2 Redeveloper provides proof of August 19 , 1988 insurance. (or if additional $20, 000 paid, September 19 , 1988) • • Redevelopment Contract Section Task' Date 7 . 1 Bond refunding by Redeveloper August 19, 1988 (or if additional $20, 000 paid, September 19 , 1988) 3 . 1 HRA begins property acquisition and 10 days relocation - 10 days . 3 . 5 Conveyance (30-day notice) - HRA to 120 days Redeveloper . a . ' Delivery of Deed b. Pay Purchase Price c. Assessment Agreement d . Deficiency Agreement 4 : 2 Construction Plans submitted to HRA 60 days and City a . HRA disapproval (30 days) b. Redeveloper re-submits Plans (30 days) Construction begins . February 1, 1989 4 . 3 Construction of Minimum Improvements December 1, completed. 1990 4 .4 HRA issues or refuses to issue 30 days Certificate of Completion. • m 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 ST. ANTHONY LANEL, a Minnesota limited 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 July 6, 1988, 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 • a • the form attached to this Deed as Exhibit 1 . 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 • STATE OF MINNESOTA ) • ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 198_11 by Chairman and Secretary of the Housing and Redevelopment Authority of St . Anthony, Minnesota. i Notary Public TAX STATEMENTS SHOULD BE SENT TO: LaNel Financial Group, Inc. 4601 Excelsior Boulevard, Suite 651 Minneapolis, Minnesota 55416 DRAFTED BY: Dorsey & Whitney (WRS) 2200 First Bank Place East Minneapolis , Minnesota 55402 i • v • 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 ST. ANTHONY LANEL, a Minnesota limited 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 to 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 are hereby released absolutely and forever, this instrument to be conclusive 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 ) • ) SS COUNTY OF HENNEPIN ) The foregoing instrument was 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 • a � E}sHIBIT 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 III" 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" ) sha.11 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 . • 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 row 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 Plan shall be maintained in a good, safe, clean- and attractive condition. 12 . All 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 destroyed 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 or 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 its 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 restrictions herein contained by the sole act of the HRA. These covenants and restrictions shall be • enforceable only by the HRA, and only the HRA shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof . 16 . The covenants and restrictions herein contained shall remain in effect until January 1, 2018 and thereafter shall be null and void. • i .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 ST. ANTHONY LANEL. 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 1988 . " 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 1989 . 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, PUBLICATION 400, EFFECTIVE OCTOBER 1, 1984 (1983 Revision) . [BANK] By Its f . 4 • 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 ST. ANTHONY LANEL, a Minnesota limited partnership ( "Redeveloper" ) . HRA and Redeveloper have entered into a Redevelopment Contract dated as of 1988 for the redevelopment of the property legally 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 Five Million Seven Hundred Thousand Dollars ($5, 700, 000) , until -[insert maturity date of Bonds] . 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. ST. ANTHONY LAN.EL By A General Partner And A General Partner HOUSING AND REDEVELOPMENT 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 , 198_, by Francis W. Lang and Eugene M. Nelson, the General Partners of J. a Minnesota limited partnership, on behalf of the limited partnership. Notary Public w • STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 11 198_, by and J. 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 Description of Redevelopment Property) • • SCHEDULE B (Minnesota Statutes, Section 273 . 76, Subd. 8) • • ASSESSOR' S CERTIFICATION • I 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 $5, 700, 000 . Hennepin 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 P_,blic •