HomeMy WebLinkAboutCC PACKET 05231989 Meeting Sheet
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Folder: CC PACKETS 1987-1989
Document: CC PACKET 05231989
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APPEARANCE BEFORE CITY COUNCIL OR PLANNING COMMISSION
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gestions listed below:
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gestions listed below:
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APPEARANCE BEFORE CITY COUNCIL OR PLANNING COMMISSION
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gestions listed below:
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�/1 n a-r,") — DATE: S 2 3 o-
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L9 Al 0L)_5 0z PHONE: S� —��OU
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AGENDA NO. OR SUBJECT: 121 SI<_ /-I -"j 4el`'m L5jI— WSu-t 1)C L
COMPANY OR INDIVIDUAL REPRESENTING (if applicable)
CITY OF ST. ANTHONY
6/1/89-90 INSURANCE RENEWAL
/
Prepared .By:
American Risk Services, Inc.
3033 Campus Drive
Minneapolis, Minnesota 55441-2620
(612) 559-7300
r
CITY OF ST. ANTHONY 23-May-89
1987-88 1988-89 1989-90 89-90 89-90
Subject of Insurance LMCIT LMCIT LMCIT Change Percentage
----------------------------------------------------------------------------------------------------------------------
Property 13,783 9,829 10,907 1,078 10.97%
Limit: 3,629,300 4,035,392 4,609,800 14.23%
Rate: 0.38 0.24 0.24 -2.86%
Deductible: 500 10,000 10,000
Inland Marine 1,391 1,262 1,245 (17) -1.35%
Boiler & Machinery 310 270 270
Crime 8,443 N/C N/C
Fidelity 741 719 800 81 11.27%
Automobile 13,315 10,893 11,181 288 2.64%
$600,000 CSL
Liability Ded. 10,000 10,000
Comprehensive Ded. 250 10,000 10,000
Collision Ded. 500 10,000 10,000
General Liability 30,688 23,218 26,856 3,638 15.67%
$600,000 CSL
Liability Ded. 10,000 10,000
Workers' Compensation 77,838 68,951 63,129 (5,822) -8.44%
Experience Modification 1.38 1.21 0.95 -21.49%
Umbrella
$1,000,000 CSL 16,966 N/A N/A
Liquor Liability
$500,000 77,838 .47,741 44,073 (3,668) -7.68%
Public Officials liability 5,503 3,506 2,852 (654) -18.65%
5600,000
Liability Ded. 2,500 10,000 10,000
Total 246,816 166,389 161,313 (5,076) -3.05%
$10,000 Per Occurrence/550,000 Aggregate
Maintenance Deductible - $1,000
Prepared By: American Risk Services, Inc.
City of St. Anthony 23-May-89
Policy Period: 6/1/86-87 6/1/87-88
Evaluation: Second First
Carrier: LMCIT LMCIT
Losses Valued as of: 10/1/88 10/1/88
Standard Premium: 94,729 75,524
Discounted Premium: 86,205 68,824
Basic Factor: 0.350 0.350
Minimum Premium Factor: 35.00% 35.00%
Maximum Premium Factor: 120.00% 120.00%
Loss Conversion Factor: 1.10 1.10
Incurred Losses: 5,743 2,442
Excess Loss Premium Factor: 0.00 0.00
Tax Multiplier: 1.00 1.00
Payment Percentage: 100% 100%
Basic Premium 30,172 24,088
Converted Losses: 6,317 2,687
Excess Loss Premium: 0 0
Minimum Premium Factor: 33,155 26,433
Maximum Premium Factor: 113,675 90,629
Retro Premium: 36,489 26,775
Previously Billed *: 36,489 75,524
Chargeable Premium 36,489 26,775
TOTAL SAVINGS OVER GUARANTEED COST: $49,716 $42,049
Prepared By: American Risk Services, Inc.
CITY OF ST. ANTHONY 23-May-89
6/1/89-90
Workers' Compensation
Standard 72,875
Experience Modification 0.95
Modified Premium 69,231
Discounted Standard 63,129
Basic Factor 35.0%
Loss Conversion Factor 1.1000
Tax Multiplier 1.0000
Excess Loss Prem Factor
Minimum Prem Factor 35.0%
Maximum Prem Factor 120.0%
Basic Premium 22,095
Excess Loss Premium 0
Minimum Premium 22,095
Maximum Premium 83,078
WORKERS' COMPENSATION RETRO PLAN LOSS RANGES
Retro Loss Loss Indicated Non-subject
Premium at Ratio Content Retro Premium
-------------------------------------------------------------------------------------------------------------------------------
Minimum 0.00% 0 22,095 0
Subject 61.90% 42,851 69,231 0
Maximum 80.08% 55,439 83,078 0
WORKERS' COMPENSATION COSTS AT VARIOUS LOSS LEVELS
LOSSES AT LOSS AMOUNT RETRO PREMIUM NON-SUBJECT PREMIUM TOTAL PREMIUM
0% 0 22,095 0 22,095
5% 3,462 25,903 0 25,903
10% 6,923 29,711 0 29,711
15% 10,385 33,518 0 33,518
20% 13,846 37,326 0 37,326
25% 17,308 41,134 0 41,134
30% 20,769 44,941 0 44,941
35% 24,231 48,749 0 48,749
40% 27,693 52,557 0 52,557
45% 31,154 56,365 0 56,365
50% 34,616 60,172 0 60,172
55% 38,077 63,980 0 63,980
60% 41,539 67,788 0 67,788
65% 45,000 71,595 0 71,595
70% 48,462 75,403 0 75,403
75% 51,923 79,211 0 79,211
80% 55,385 83,019 0 83,019
85% 58,847 83,078 0 83,078
Prepared By: American Risk Services, Inc.
r
City of St. Anthony 23-May-89
Transcontinental - Net of Commissions 10%
500,000 BI Each Person
500,000 BI Each Common Cause
500,000 PD Each Common Cause
500,000 Loss of Means of Support
On Sale Off Sale On Sale Off Sale Estimated
Location Revenues Revenues Rate Rate Premium
---------------------------------------------------------------------------------------------------------
2700 Huy 98 700,000 1,250,000 5.99 0.50 48,195
2504 38th Ave NE 1,500,000 0.00 0.50 7,560
127 Apache Plaza 190,000 0 7.04 0.00 13,378
Total 69,133
SEPARATE LIMITS PER LOCATION
Prepared By: American Risk Services, Inc.
City of St. Anthony 23-May-89
Park Glenn 0%
500,000 BI Each Person
500,000 BI Each Common Cause
500,000 PD Each Common Cause
500,000 Loss of Means of Support
On Sale Off Sale On Sale Off Sale Estimated
Location Revenues Revenues Rate Rate Premium
2700 Huy #8 700,000 1,250,000 2.56 0.58 25,170
2504 38th Ave NE 1,500,000 0.00 0.58 8,700
127 Apache Plaza 190,000 0 5.37 0.00 10,203
Total 44,073
SHARED LIMIT - ONE POLICY
Prepared By: American Risk Services, Inc.
_ H.R.A. IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING.
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
MAY 23, 1989
7:30 P.M.
CITY COUNCIL CHAMBERS
I . Call to Order/Pledge of Allegiance.
II . Roll Call .
III . Approval of May 9 , 1989 Council Minutes.
IV. Licenses/Permits/Petitions.
V. Presentation of Claims.
A. Verified.
B. Miracle Recreation Equipment - $2 , 170 . 00 .
C. MacQueen Equipment - $20 ,488 . 00 .
D. Metropolitan Waste Control Commission -
$19 , 627 . 86 .
E. Minneapolis Finance Department - $582 . 92 .
F. Identity Inc. - $1 , 780 . 00.
• G. School District #282 - $1 ,877 . 25.
VI . Reports.
A. Planning Commission - May 16 , 1989 Minutes.
1 . Stonehouse, 2700 Highway 88 , Sign
Request.
2 . Mid-America Dairymen, Inc. Request.
3 . Requests from Lang/Nelson.
B. Council .
C. Departments and Committees.
1 . Hance & LeVahn, Ltd. , re: matters
conducted at the Hennepin County District
Court up to and including May 3 , 1989 .
2 . Police Reserves April , 1989 , Report.
3 . Liquor Operations April , 1989 Sales
Summary.
D. Acting City Manager.
1 . Staff Meeting Notes - May 16 , 1989 .
2 . Landscaping Around the St. Anthony
Village Sign.
3 . City Insurance Package.
VII. Public Hearings.
VIII. New Business.
A. Evergreen Townhomes:
1 . Ordinance 1988-005, re: zoning change
(3rd reading) .
2 . Resolution 89-013 , re: Approval of
Evergreen Redevelopment Plan.
3 . Resolution 89-014, re: Approval -of the
land transfer from the City to the
Housing and Redevelopment Authority.
4 . Final plat.
IX. Unfinished Business.
X. Adjournment.
O
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1 CITY OF ST. ANTHONY
CITY COUNCIL MINUTES
3 MAY 9, 1989
4 The meeting was called to order at 7:30 P.M. with the Pledge of
5 Allegiance led by Mayor Sundland.
6 ROLL CALL
7 Present: Marks, Ranallo, Sundland, Enrooth, Makowske.
8 Also present: Sue VanderHeyden, Acting City Manager.
9 APRIL 25, 1989 BOARD OF REVIEW CONTINUATION
10 Motion by Marks, seconded by Enrooth to approve as presented.
11 Motion carried unanimously.
12 APRIL 25, 1989 COUNCIL MINUTES
13 Motion by Makowske, seconded by Marks to approve with the following
achanges:
15 Page 1 , line 19:'Insert "EXECUTIVE SESSION" before "MINUTES" .
16 Page 6, line 28: Substitute "resident data" for "membership form" .
17 Page 13 , line 23 : Substitute "an" for "on" before "April 21st" .
18 Page 14 , line '18: Substitute "Stonehouse" for "SAV I" before "sign" .
19 Page 15, line 14: Capitalize "Apache" .
20 Motion carried unanimously.
21 LICENSESIPERMITS/PETITIONS
22 Motion by Marks, seconded by Enrooth to grant the following contractors
23 licenses as listed in the May 9, 1989 agenda packet:
24 •Nordquist Sign Co. , Minneapolis, MN (renewal)
25 -Superior Roofing, Minneapolis, MN
26 -Able Fence, Inc. , St. Paul, MN (renewal)
27 Motion carried unanimously.
28 Motion by Enrooth, seconded by Ranallo to grant a temporary beer permit
29 to Dennis M. Fagerlee, 3407 Croft Drive N.E. , for his family's annual
30 reunion in Central Park on June 41 1989.
Voting on the motion:
1 Aye: Enrooth, Ranallo, Sundland, Makowske.
2 Nay: Marks. •
3 Motion carried.
4 CLAIMS
5 Motion by Ranallo, seconded by Sundland to approve payment of $1,435.00
6 to Motorola, Inc. for the City Fire Department.
7 Motion carried unanimously.
8 Motion by Makowske, seconded by Marks to approve payment of $400.00 to
9 Val-Pro for installation of a window in the St. Anthony Fire Station.,
10 Motion carried unanimously.
it Motion by Marks, seconded by Makowske to approve payment of $3,240.00
12 to Calgon Carbon Corporation for April services on the City's carbon
13 filtration facilities.
14 Motion carried unanimously._
15 '. Motion by Marks, seconded by Makowske to ,approve payment of $1,057.00
16 to Short-Elliott-Hendrickson, Inc. for supervisory services on the Foss
17 Road Lift Station Project for the period from February 19 through March
18 18, 1989. •
19 ' Motion carried unanimously.
20 Motion by Enrooth, seconded by Ranallo to approve payment of $2,400.00
21 to the Hance and LeVahn law firm for legal services rendered for the
22 month of May, 1989 relative to St. Anthony prosecutions.
23 Motion carried unanimously.
24 Motion by Makowske, seconded by Marks to approve payment of $1,319.80
25 to the Dorsey & Whitney law firm for legal services rendered to the City
26 during March, 1989.
27 Motion carried unanimously.
28 REPORTS
29 COUNCIL
30 Outside Parking Problems at Kenzington to Receive Council Attention
31 Councilmember Makowske explained that the 15 Kenzington residents were
32 present that evening to seek Council help in making the building owners
3.3 keep the promises they had made related to the provision of overflow
34 parking for condominium residents with more than one vehicle as well as •
2
i
I guests who visit the building residents. She said the group's
2 spokesperson, Jean Krajna, had phoned her several times to report the
103 lack of parking space outside the building and failure to get any
4 response from either the META Partnership or their building manager to
5 residents' requests for more parking spaces in accordance with the
6 promises 'regarding overflow parking reached with the City during the
7 Redevelopers Agreement negotiations.
8 Residents' Testimony
9 Ms. Krajna reported that:
10 -Most of the residents present that evening had purchased their units
11 before the building was erected but had been assured by the building
12 owners at the time they signed their purchase agreements that even if
13 they had more than one vehicle and 142 spaces within the building and
14 15 outside were not sufficient to meet their parking needs, parking
15 would never be a problem because META owned the vacant lot next door
16 and planned to construct a medical/professional office building there
17 which would always have parking space available for the Kenzington
18 residents and their guests.
19 -The office building had never materialized and the lot is not paved, -
20 making parking there was almost impossible.
21 -This left a 150 unit building with only 142 parking spaces inside and .�
22 12 rather than the promised 15 spaces in front of the building which
4W4 are utilized most of the time by Kenzington employees and the service
and sales persons who come to the building.
25 •In any event, the manager the META Partnership had hired, had now
26 informed her that she could not park 'the extra vehicle she owns
27 outside the building and "it was up to her to find her own parking."
28 -The building owners were so anxious to fill the building up they are
29 renting the 97 unsold units to couples who both work and both have
30 cars, leaving the condominium owners with no place for guests to park
31 because no parking is permitted on the street and with the apartments
32 going up across Kenzie Terrace, parking is no longer available in what
33 was an empty shopping center when the Kenzington residents first moved
34 in.
35 -There have been rumors that the Partnership is going to sell the
36 vacant lot, which would leave the Kenzington residents with no hope
37 at all of having parking available for their extra vehicles or guests
38 without some sort of written agreement from the building owners.
39 Ms. Krajna read the portion of the condominium by-laws which made
40 reference to an Overflow Agreement which stipulated "residents might
41 have to pay $10.00 a month extra to use outside parking spaces". She
42 said her attempts to get a copy of that document or any other response
• 3
1 from the Partnership or their attorney, Tyson and Gunderson, had been
2 unsuccessful. •
3 George Mitchell, President of the Kenzington Homeowners Association,
4 questioned whether the building owners shouldn't have been legally
5 required to provide adequate parking for the building residents and
6 their guests and asked whether the . Council had taken this potential
7 problem into consideration during their negotiations with the META
8 Partnership.
9 The recollection was that the Redevelopers Agreement with META
10 Partnership called for only 142 parking spaces inside but the developers
11 had indicated that if more were needed, there was a possibility that
12 eight more could be obtained by downsizing some of the stalls for
13 compact cars. Mayor Sundland also recalled that when the question was
14 raised about residents having more than one car, the developers had
15 indicated that would be rare for a project like the Kenzington where
16 most residents would be retired and a good many would have no vehicles
17 at all.
18 The Mayor then read aloud the letter Larry Hamer, the Public Works
19 Director, had written to the META Partnership on May 8th recalling that
20 when . the final plans for the Kenzington had been approved, the
21 Partnership had indicated excess parking would be provided in the
22 parking lot of the medical/professional building the developers proposed
23 to erect in -the vacant lot the City had helped them purchase for that
24 purpose next to the Kenzington. Mr. Hamer's letter had also advised
25 the property owners that Section 12 of the City zoning Ordinance
26 requires them to asphalt or concrete surface the area if excess parking
27 is to be provided on the lot for Kenzington residents. He had also
28 pointed out other maintenance requirements which must be met if
29 construction of the proposed building is delayed any further. Mr.
30 Hamer referred to the requirement in the final plan for 15 rather than
31 12 parking spaces in front of the building and requested discussions of
32 a solution with the Partnership.
33 Copies of Mr. Hamer's letter had been provided Councilmembers before the
34 meeting and copies were also passed out to all present during the
35 discussions. Evelyn Hedberg, another Kenzington owner, told the
36 Councilmembers she and other residents are unable to invite anyone to
37 visit them because there is no longer any place for visitors to park
38 except in sand or mud in the vacant lot. She said' the same was true of
39 residents who have more than one car.
40 Councilmember. Makowske commented that the Council had never envisioned
41 those units having to be rented out and had therefore based parking
42 requirements on similar projects they had looked at three or four years
43 ago which had unused parking spaces because of the average age of the
44 residents, many of whom are singles or owned no vehicles at all. She
45 perceived the situation at the Kenzington to be very unusual when
46 compared to similar condominium projects in the surrounding area.
•
4
I Councilmember Ranallo agreed, saying the Council expected no problem
with parking with a building next door owned by the same partnership who
had promised there would be plenty of parking available for Kenzington
4 residents' use after the offices closed evenings and weekends. He also
5 remembered that the developers had even asked permission to erect a six
6 foot fence along the back of their property against which their staff
7 and people servicing the building could park their vehicles, leaving 15
8 parking spaces in front to be used for resident overflow parking if
9 needed.
10 The Councilmember reminded the residents that negotiations with numerous
11 developers for that project- had gone as far back as nine or ten years
12 and involved many modifications of the original plans before the
13 building was finally constructed. He said he perceived it would be
14 necessary to research copies of minutes of meetings which preceded
15 acceptance of the final plans for the building so the Council would be
16 better prepared to discuss the parking problems in the future.
17 Council Warned About Potential Collapse of Garage Floor
18 Ms. Krajna and Mr. Mitchell then reported leakage between the first and
19 second floors of the garage which they believed had resulted from
20 deficient installation of seal coating on the floor surfaces. They said
21 they had copies of letters from the contractor in which Kraus Anderson
22 had admitted the defects and referred to litigation between the META
23 Partnership and the contractors over those defects. The Kenzington
24 residents indicated they would be furnishing the City with copies of all
pertinent correspondence they had in their possession. They also
6 indicated they thought the City should be made aware that there was a
27 potential collapse of the second floor garage floor similar to those
28 which had occurred at several parking ramps in downtown Minneapolis.
29 Mr. Mitchell added that in view of other problems with defective windows
30 and heating in the garage area and inadequate plumbing on the first and
31 second condominium floors which had resulted in leakage problems between
32 floors, he didn't believe the inspection of the building had been
33 adequate.
34 Mayor Sundland told him the City usually has state inspection on
35 projects like the Kenzington. He also said he agreed that it was very
36 important for the Council to know just exactly what the developers had
37 agreed to related to the provision of parking for Kenzington residents
38 on the vacant lot just in case the owners decide to sell the property
39 to another developer who would have no responsibility for providing
40 parking arrangements for Kenzington residents. The Mayor indicated the
41, purpose of Mr. Hamer's letter had been to get the vacant lot owners to
42 at least blacktop a portion of the lot for Kenzington resident parking
.43 with the assumption that such a surface would be the easiest to remove
44 when the lot is developed.
45 Ms. Hedberg insisted the Kenzington residents needed 24 hour parking
46 availability because part time parking would never solve the condominium
• 5
1 owners problems now that more vehicles than had been originally
2 anticipated had resulted from the building owners renting unsold units •
3 to people with more than one vehicle "who, in all probability, would
4 never exercise their options to purchase those units" . The condominium
5 owners said management had even rented three garage stalls to one of the
6 renters who had three cars which, with all the other renters who have
7 more than one vehicle, had resulted in fewer garage stalls for 150
8 units. She questioned whether the Council had ever seen a condominium
9 project like the Kenzington which had no outside parking available to
10 its residents. However, she also had to concede that when the owners
11 had first bought their units, they had decided to include only one
12 parking stall in the purchase because they also believed the
13 developer's assurances that adequate parking would always be made
14 available outside the building.
15 Ms. Hedberg asked the Council to consider how frustrating it must be for
16 Kenzington owners like herself and her husband "who had spent so much
17 money to purchase a home in which they intend to spend the rest of their
18 days only to find out they can't even entertain or have people drop in
19 after church because there's no place for their guests to park." The
20 resident concluded by saying that the Kenzington owners perceived the
21 need to have a parking agreement in writing "based on what has gone on
22 since we purchased our homes, none of the owners have any faith in
23 either the META Partnership's or their manager's promises. "
24 Ms. Krajna confirmed that the developers had verbally promised her that
25 there would be overflow parking space available for her or her guests'
26 use.
27 Councilmember Ranallo said hopefully, the minutes would report that the
28 same promises had been made to the Council.
29 Mr. Mitchell agreed to furnish staff with copies of his correspondence
30 with META in which he had been told "it was up to the condominium
31 owners to find their own parking. " Ms. Krajna said she would do the
32 same with the letters she had written to META and their attorneys. She
33 added that in spite of problems with garage heating, windows and
34 leaking between floors, in addition to plumbing problems in the
35 building, she continued to think "the Kenzington was a nice building and
36 liked the area very much. " Ms. Krajna said she thought it was very
37 unfortunate that the owners were refusing to honestly discuss their
38 problems with the residents and perceived the Council was the residents'
39 last hope for solving their parking problems.
40 Mr. Mitchell thanked the Councilmembers for their courteous response to
41 the Kenzington residents' concerns. Councilmember Marks told him it
42 was a real disappointment for him personally to learn that a project
43 which the Council had worked so hard on for years was now causing so
44 many problems for its occupants.
45 Staff to Look Into Shared Ride Program With Columbia Heights and
46 Roseville•s Busmobile •
6
i
I Ms. Krajna indicated the Kenzington residents had asked that she also
02 discuss with the Council the possibility of St. Anthony participating
3 in a yellow cab shared ride program with Columbia Heights under which
4 children under 12 ride for 50 cents and seniors over 65 are able to ride
5 anywhere within the ,participating cities for $1.00. She reported users
6 purchase tickets for shared rides in Columbia Heights at the City Hall.
7 The Kenzington spokesperson said she perceived there should be good
8 market for the program in St. Anthony among the seniors who would be
9 going into the Autumnwood Apartments across Kenzie and the rest of the
10 senior population living elsewhere in the City who appear to be on the
11 increase. Ms. Krajna presented the brochures she had on both programs
12 to the Mayor commenting that she thought having such services for
13 seniors might attract more residents to St. Anthony.
14 Ms. VanderHeyden was requested to contact the person in charge of the
15 program in Columbia Heights for further information regarding how much
16 the program costs. Mayor Sundland reported he understood the former
17 City Manager had researched grant possibilities for the busmobile and
18 found none available at this time.
19 Kenzington Problems with Recycling
20 The Association President initiated the above discussion by asking what
21 suggestions the Council had for disposing of all the paper the
22 Kenzington residents had diligently collected for recycling now that it
W 4had become obvious that the market for such materials had disappeared.
Councilmember Enrooth, who serves as Council liaison with the City's
25 Recycling Task Force, told him it was only because recycling had been
26 so successful that the problems with disposing of newsprint had arisen.
27 He said there are still markets for glass and aluminum recyclables but
28 there has to be further research done on how paper products can be
29 recycled. The Councilmember reported the proposed recycling ordinance
30 for St. Anthony was scheduled for hearings before -the Council in June
31 after a recycling program would hopefully be underway this fall.
32 Councilmember Marks observed the irony of having the federal government
33 spend $5,000,000.00 in subsidies for cutting down trees for paper
34 products which are now a glut on the market.
35 Counci-lmember Ranallo commented that the Council had been criticized by
36_ some residents for not getting the recycling program started sooner, but
37 he now perceived those delays had probably saved the City from the
38 problem of getting rid of the paper.
39 Rick Lundeen, a City Fire Reserve and member of the VillageFest
40 Committee who was present to discuss lighting for this event, joined the
41 discussion by reporting the printing firm he works with is in danger
42 of going out of business because of its inability to get rid of the
43 paper it generates. He said his firm currently has five box cars of
44 shredded paper on the tracks with no way of disposing of the contents
7
1 except to burn it. He confirmed that the printers like the newspaper
2 plants had no use for recycled paper. •
3 Mayor Sundland commented that he had always been concerned about the
4 "rush to judgment" about recycling at the same time he recognized how
5 unpopular a landfill anywhere near St. Anthony would be. He indicated
6 he had expressed the concern that "there better be an assurance of a
7 market for recyclables before that type of program is initiated" when
8 he served on the task force with several Hennepin County commissioners.
9 Search for Other St Anthony Cities Reaches Councilmember Makowske
10 The Councilmember reported getting a phone call from Marjory Jeffers,
11 an employee of St. Anthony, Indiana, a community of 350 residents who
12 will be celebrating its centennial in September and is looking for
13 other cities with the same name. Copies of Councilmember Makowske's
14 letter to Ms. Jeffers had been furnished to the other Councilmembers
15 and she indicated that as a member of the St. Anthony Historical
16 Committee she would be looking for more historical information and
17 materials to transmit to the Indiana city.
18 Shopping Center Representatives Explain Exclusive Use of Texas Sicm
19 Installers
20 Councilmember Makowske reported meeting Joe DiSanto, the New York
21 representative of the St. Anthony Shopping Center owners who was in town
22 to supervise the installation of new signage on the center buildings. •
23 She said this gave her the opportunity to get an answer to questions
24 some residents had raised with her regarding why local crews weren't
25 used for the project. The Councilmember said Mr. DiSanto had explained
26 that the special grooving system on the signs is patented by a Texas
27 firm who allows installation only by their own crews. Councilmember
28 Makowske reported telling Mr. DiSanto she thought the new signage was
29 really improving the appearance of the shopping center. She said the
30 center owner representative had indicated there would be a "Grand
31 Opening Celebration" at the center sometime in June to commemorate the
32 "new look" .
33 Council Concurs With Feasibility Study of Drainage Into Silver Lake
34 Councilmember Enrooth 'indicated that he perceived that questions about
35 whether drainage through Apache storm sewers was the primary cause of
36 excess vegetation on Silver Lake weren't going to go away without some
37 concrete answers from the City. He said the Public Works Director was
38 recommending a feasibility study be' done which would give the City some
39 idea of the City's influence on the problem and propose some
40 diversionary possibilities if its proved that storm runoff and not
41 excess nutrients from residential lawn care methods is a major factor
42 in the problem. There was Council agreement that Mr. Hamer should find
43 out if any of the studies of the lake done by the Rice Creek Watershed
44 District covered any of the data the City would be looking for and then
45 take bids to gather at least the preliminary figures related to the
8
I potential costs of taking corrective measures with the understanding
2 that those costs should be shared by all affected parties including
Columbia Heights, New Brighton, the Salvation Army and the residents who
4 live on the lake.
5 Councilmember Marks commented that he had recently talked to a person
6 who had an early history of involvement with the lake and believed there
7 might possibly be many undocumented hook-ups to the lake, citing as an
8 example, the drain tiles which Columbia Heights used to drain swampy
9 land near the lake for which initially there had been no drawings made.
10 Recycling Discussions Continued
11 Councilmember Ranallo reported having received a notice from his garbage
12 hauler, Woodlake Sanitary, that they were raising their rates to $34.00
13 every two months and would be giving discounts to customers who use only
14 the one barrel the firm would now be providing its customers. He said
15 the letter also urged recycling all possible materials, warning that
16 because of increased costs for haulers to put garbage in landfills or
17 to have it incinerated, future rate increases were imminent.
18 Councilmember Enrooth commented that he now had some reservations about
19 proceeding with the proposed "Garbage Ordinance" for St. Anthony unless
20 there is some immediate resolution of the newsprint disposal problem
21 and glass disposal, which is rapidly becoming another problem.
22 Councilmember Marks said he perceived industries like dairies could
probably go back to using returnable containers which had worked very
well in the past and he indicated he continued to believe that bringing
25 pressure on the retail market was the best way of getting more
26 acceptable packaging. He said he also remained convinced that by
27 passing ordinances against plastics, small communities like St. Anthony
28 could influence the state and federal government to give more serious
29 attention to eliminating nonrecyclable or nonreturnable plastics or
30 requiring further research into reusable packaging.
31 Mayor Sundland reiterated his concerns that the Council might only be
32 forcing its three supermarkets out of business with the proposed food
33 packaging ordinance. He said the retail merchants association had
34 indicated to him that they were already looking into the legal aspects
35 of those regulations.
36 DEPARTMENTS AND COMMITTEES
37 Brief discussions related to the Police Department reports preceded the
38 orders to file the following reports in the agenda packet:
39 -April 20th report from the Hance & LeVahn law firm on cases the City
40 prosecutors have handled in Hennepin County District Court up to and
41 including April 19, 1989.
• 9
1 -March Police Department report.
2 -March Police Reserves report. •
3 ACTING CITY MANAGER
4 May 2, 1989 Staff Meeting Notes
5 There were no questions from the Council on the above.
6 New Lighting Approved for VillageFest Dance Area
7 Copies of Larry Hamer's memorandum advising how the above could be
8 accomplished had been distributed and led to the discussion between the
9 Council and Ms. VanderHeyden and Mr. Lundeen. The Acting City Manager
10 reported the VillageFest Committee had decided that the best location
11 for the food and beverage booths and the street dance would be behind
12 the Christen home facing the softball fields. She added that extra
13 electrical power would probably have been necessary no matter where the
14 booths were located or the dance held. The assumption that the added
15 electrical . power could be used for other future activities like music
16 concerts led to the following motion:
17 ' Motion by Ranallo, seconded by Enrooth to approve an expenditure of
18 $1,180.00 for the added electrical power for the VillageFest as proposed
19 by City staff.
20 Motion carried unanimously...
21 NEW BUSINESS
22 Signatures Approved for City Financial Transactions
23 Motion by Ranallo, seconded by Enrooth to adopt the resolution which
24 specifies persons authorized to sign financial documents for the City.
25 RESOLUTION 89-010
26 A RESOLUTION SPECIFYING PERSONS AUTHORIZED
27 TO MAKE CERTAIN TRANSACTIONS REGARDING
28 CITY FINANCIAL ACCOUNTS
29 Motion carried unanimously.
30 Acting City Manager's Compensation Approved
31 Motion by Marks, seconded by Ranallo to adopt the resolution providing
32 additional compensation to Sue VanderHeyden during the time she serves
33 as the St. Anthony Acting City Manager.
34
10 •
l
a
1 RESOLUTION 89-011
02 A RESOLUTION APPROVING COMPENSATION FOR
3 THE ACTING CITY MANAGER
4 Motion garried unanimously.
5 Scout Observer Welcomed
6 Mayor Sundland noted the presence of Matt Smigleski, 3208 Silver Lake
7 Road, and his father. Matt reported he was fulfilling a badge
8 requirement of Troop 711 by observing the Council's meeting that
9 evening.
10 ADJOURNMENT
11 Motion by Ranallo, seconded by Marks to adjourn the Council meeting at
12 8:45 P.M.
13 Motion carried unanimously.
14 Respectfully submitted,
15 Helen Crowe, Secretary
*6
17 Mayor i
18 ATTEST:
19 •City Clerk
20 :cjk
it
• C)IZ'h®ne
DATE : May 17, 1989 APPROVAL =
TO : Mayor and Councilmembers
FROM : Judy Nonson, License Clerk
ITEM : License/Permits for Council Approval ;
Contractors :
J. C. Penney Co. , Inc. , I1p1s. , I4iJ.
Norsk Concrete Construction Inc. , Moundsview, MN.
Diversified Construction, St. Louis Park, MN.
Crown Fence & 'Wire Company, Mpls. , MN.
Porch Living, Inc. , Burnsville, 14N.
Joe Nelson Stucco, Coon Rapids , MN.
Master' s Craftsmen, White Bear Lake, PAIN.
Crandall Bros. , Crystal, b1N.
Westphal Roofing, Moundsview, MN.
Amusement Devices :
Bono' s Malt Shop and Arcade (5)
C I T Y O F S T A N T H 0 N Y L I 0 0 0 R
P/E 4/3C/89 A C C O U N T S P A Y A B L E PAGE 1
VENDOR NAME CHECK CHECK CHECK
N0. TYPE CATE NO. AMOUNT
• 04035 BELLBOY CORP M 4/06/85 10497 447.50
04041 BUSINESS CREDIT LEASING M 4/C1/8S 14054 106. 12
04016 AMERICAN RISK SERVICES M 4/06/89 14095 273-CC
04025 APACHE PLAZA N 4/06/89 14096 8 ,364.53
04098 CCMMEPCIAL LIFE INS CO M 4/06/85 14098 21.6C
04106 C E D TRUCKING M 4/06/89 14095 1 ,5E6 .CC
04120 EAGLE WINE CO M 4/06/89 14100 838.92
04175 GRIGGS CCOPER• S CO INC M 4/06/8S 14101 89922..24
04185 GROUP HEALTH PLAN INC M 4/06/89 14102 93.35
04220 JCHNSCN WINE CO M 4/06/89 14103 2 ,243 .55
06598 REINF KASSULKER M 4/C6/8S 14104 4C.CC
06597 ANTHONY KROSSCHELL M 4/06/89 14105 80.CC
04236 LEHIGH MUN 6 CCMM LEASE F M 4/06/89 14106 92 .94
04261 MANN [NGS III M 4/06/89 14107 504.08
04269 MED CENTER M 4/06/89 14108 291.25
04311 MINTER-WEI SMAN M 4/06/89 14109 2 ,433 .48
04360 EPSCO M 4/06/8S 14110 2,362.60
04365 PHYSICIANS HEALTH PLAN M 4/46/89 14111 1 ,488.CC
04376 PRIOR WINE CO M 4/06/89 14112 811 .0E
04385 QUALITY WINE CO M 4/06/85 14113 642 .10
04410 ST ANTHONY NAIL BANK M 4/06/6S 14.114 15 ,CC0.0
04410 ST ANTHONY NAIL BANK M 4/06/89 14115 5 ,000.00
06542 SKYVIEW SATELLITE SYSTEMS M 4/1%'6/8S 14116 800.00
06583 CRAIG 'PALTERS M 4/06/89 14117 80. CC
• 04494 'PASTE MANAGEMENT - BLAINE M 4/06/89 14118 173.00
04203 EURDETTE HETZER M 4/13/85 14119 1.9436.00
06598 REINE KASSULKER M 4/ 13/8S 14120 1;5.CC
06597 ANTHONY KRCSSCHELL M 4/13/89 14121 40.00
04261 MANNINGS 1II M 4/13/F9 14122 107 .74
04404 S/A LICUCR 02-PETTY CASH M 4/ 13/8S 14123 109.50
04404 S/A LICUCR #2-PETTY CASH M 4/13/89 14124 120.40
04410 ST ANTHONY NATL BANK M 4/13/85 14125 159000.00
04410 ST ANTHONY NAIL BANK M 4/13/85 14126 5 ,CCO.CC
06583 CRAIG WALTERS M 4/ 13/8S .14127 135.CC
04025 APACHE PLAZA M 4/ 13/89 14128 1 ,224.64
04100 COMMISSIONER CF REVENUE M 4/13/85 14129 750.32
04120 EAGLE MINE CO M 4/13/85 14130 518.04
04137 ENTERTECH M 4/13/85 14131 46.CC
04175 GRIGGS CGOPER C CO INC M 4/13/89 14132 ll ,CS2.44
04241 LILLIE SUBURBAN NEWSPAPER M 4/13/85 14133 735.00
04311 MINTER-WEISMAN M 4/13/85 14134 2 ,744. 88
04360 EPSCO M 4/ 13/89 14135 678. 1S
04376 PRIOR WINE CC M 4/13/89 14136 24 .55
04410 ST ANTHONY NAIL BANK M 4/13/85 14137 19714.29
04410 ST ANTHONY NATL BANK M 4/13/89 14138 1 ,726. C4
04410 ST ANTHONY NAIL BANK M 4/13/85 14139 87.80
04380 PUBLIC EMPLOYEE RETIREMNT M 4/ 13/89 14140 1 ,526.34
04100 CCMMISSICNER CF REVENUE M 4/2C/8S 14141 26 , 154. 53
04120 EAGLE WINE CO M. 4/20/85 14142 566.71
• 04175 CR IGGS COOPER 6 CO INC M 4/2C/BS 14143 13 ,976.45
C I T Y O F S T A N T H G N Y L I 9 U 0 R
P/E 4/30/89 A C C O U N T S P A Y A B L E PAGE 2
VENDOR NAME CHECK CHECK CHECK
NC. TYPE CATE NO. AMOUNT
• 06598 REINE KASSULKER M 4/20/89 14144 40.00
06597 ANTHONY KROSSCHELL M 4/2C/ES 14145 1C7.50
04260 MAGIC GARDEN M 4/20/89 14146 195.0C
04261 MANNINGS III M 4/20/85 14147 529 .42
04290 MINNEGASO v 4/20/8S 14148 29125.87
04311 MINTER-WEISMAN M 4/ 20/89 14149 343.67
06623 MONARCH MARKING M 4/2C/8S 14150 486 .60
04360 EPSCO M 4/20/65 14151 1 .992 .37
04376 PRIOR WINE CC M 4/20/89 14152 93. 11
04378 PROFESSIONAL PRCCESSING M 4/20/85 14153 395.00
06610 RAINBOW ADV DIST M 4/2C/8S 14154 475 .CC
0441.0 ST ANTHGNY NATL BANK M 4/ 20/6S 14155 15.000.CC
04410 ST ANTHONY NATL BANK N 4/20/89 14156 59000.00
06271 SCHUTTA' S HDirE M 4/2C/8'9 14157 2.77
04419 IDA SCOTT M 4/2C/ES 14158 75C. CC
06542 SKY�IEW SATELLITE SYSTEMS M 4/20/89 14159 800."'0
06190 SP LAKE PK LUMBER N 4/2C/8S 14160 48.48
04492 US LEST COMMUNICATIONS M 4/20/8S 14161 377. 85
06383 CRAIG WALTERS M 4/23/89 14162 115.00
04494 WASTE MANAGEMENT - BLAINE M 4/2C/89 14163 173.0"'
06517 TWIN CITY DEMOS M 4/20/89 14164 EC.0c
06598 REINE KASSULKER M 4/27/85 14165 80.00
04597 ANTHONY KROSSCHELL M 4/27/89 14166 4C.GC
04401 ST ANTHONY LIQ #1 M 4/27/85 14168 .127. 18
• 04410 ST ANTHONY NAIL BANK M 4/27/89 14169 159000.00
04410 ST ANTHONY NATL BANK M 4/27/85 14170 5.000.00
04401 ST ANTHGNY LI O 01 M 4/27/85 14171 518. CO.
0658.3 CRAIG WALTERS M 4/27/89 14172 1C2 .50
04009 AETNA LIFE E CASUALTY M 4127/85 14173 492 .28
06622 ARRCN SIGN CO M , 4/27/ES 14174 39082.50
04041 BUSINESS CREDIT LEASING M 4/27/89 14175 106. 12
04065 CENTRAL LOCK S SAFE CO M 4/27/89 14176 38.00
04080 CITY COUNTY CREDIT UNION M 4/27/89 14177 110.CC
04098 COMMERCIAL LIFE INS CC M 4/27/89 14178 21.6"'
04100 COMMISSIONER GE REVENUE M 4/27/89 14179 755.51
04104 COMPUTER CHEQUE OF MN M 4/27/89 1418C 131.CC
04120 EAGLE MINE CC M 4/27/85 14181 897. 16
04175 GRIGGS CCOPER E CO INC M 4/27/89 14182 119319.66
041E5 GROUP HEALTH PLAN INC k 4/27/89 14183 93.35
04202 HENN CTY SUPPORT 6 CCLL S M 4/27/85 14184 70.CC
04208 ICMA M 4/27/89 14185 20.00
04220 JOHNSON DINE CO M 4/27/85 14186 139670.34
04235 LECLAIRE DIANE M 4/27./85 14187 125.00
04269 MED CENTER M 4/27/89 14188 291 .25
04311 MINTER-WEISMAN M 4/27/89 14189 39059.73
04325 RAYMOND NELSON M 4/27/8'9 14190 160.CC
04360 EPSCO M 4/27/89 14191 9,042.17
04365 PHYSICIANS HEALTH PLAN M 4/27/85 14192 1 ,488.0G
04376 PRIOR WINE CC M 4/ 27/85 14193 2 .672.40
• 04380 PUBLIC EMPLOYEE RETIREMNT 0 4/27/89 14194 1 .542.25
C I T Y O F S T A N T H O N Y L I 0 0 0 R
i -�P/E 4/30/89 A C C 0 U N T S P A Y A B L E PAGE 3
VENDOR NAME CHECK CHECK CHECK
NG. TYPE DATE NC. AMOUNT
•
4;4380 PUBLIC EMPLOYEE RETIREMNT M 4/27/89 14195 45.00
04385 DUALITY WINE CO N 4/27/89 14196 2 .391 .05
06621 ST ANTHONY FLORAL N 4/27/85 14157 1 .829. 33
C4410 ST ANTHONY NAIL BANK M 4/27/89 14198 1 .755. 16
04410 ST ANTHONY NATL BANK M 4/27/8S 14199 90.34
06542 SKYVIEW SATELLITE SYSTEMS M 4/27/85 14200 8CO.CC
04468 TANGUERAY INVESTMENTS N 4/27/85 14201 87.40
06545 TWIN CITIES READER N 4/27/89 14202 175.00
04491 UNITED WAY N 4/27/89 14203 60. 50
06560 VETERANS OF FCREIGN WARS h 4/27/89 14.204 37.50
04.375 POSTMASTER N. 4/27/89 14205 100.00
TNPE TOTAL 244, e23.22
TOTAL 2449823.22
•
C I T Y O F 5 T A N T H O N Y L I C U R
P/E 5/05/89 A C C O U N T S P A Y A B L E PAGE 1
VENDOR NAME CHECK CHECK CHECK
NO. TYPE DATE NC. AMCUNT
• 04009 AETNA LIFE 6 CASUALTY R 5/ 12/89 11597 492.28
04015 AMERICAN LINEN SUPPLY CO R 5/12/85 11598 474.96
04080 CITY COUNTY CREDIT UNION R 5/ 12/8S 11599 110.00
04085 CITY OF ST ANTHCNY R 5/12/89 11600 1, 132. 21
04095 COCA COLA BOTTLING F 5/12/89 11601 2.286.47
04109 DENTICARE R 5/ 12/85 11602 13.CO
04125 EAST SIDE BEVERAGE CC R 5/ 12/89 116C3 16 .952.31
04129 ECOLAB R 5/12/89 11604 142.00
04130 ECOLAB R 5/12/85 11605 290.76
04135 ELECTRO ImATCHMAN INC R 5/ 12/85 11E06 270.00
04145 GANZER DISTRIBLTORS INC R 5/12/89 11607 9 ,66.8.25
04156 GENERAL PARTS E SUPPLY CC R 5/12/85 11608 333.72.
04175 GRIGGS CCOPER E CO INC R 5 112 1ES 11,609 2596C2. 1E
04202 HENN CTY SUPPCRT S CCLL S F 5/12/89 11610 77.00
04205 HOME JUICE CO R 5/12/85 11611 54.96
04208 ICMA R 5/ 12/8S 11612 2C.CC
04220 JOHNSON NINE CC R 5/12/89 11613 589.P1
04230 KUETHER DISTRIBUTING CO R 5/12/8S 11614 24 .291 .06
04234 LMCIT - EBP INC R 5/ 12/89 11615 79.34
C4265 MARK VII SALES INC R 5/ 12/89 11616 139356.73
04290 MINNEGASO R 5/12/89 11617 569.65
04293 MINK BAR SUPPLY R 5/12/89 11618 8S4. C4 -
04295 MINN BENEFIT ASSN R 5/ 12/89 11619 5.CC
04311 MINTER-WEISMAN R 5/12/SS 11620 830.93
• 04318 NAT FINANCIAL INS CO R 5/ 12/85 11621 14.40
04335 NORTHERN STATES POaER R 5/ 12/89 11622 29583 .83
04338 NORTH STAR ICE R 5/12/89 11623 736 .97
04345 OLD CUTCH FOODS INC R 5/ 12/8S 11624 64.10
04355 PEPSI COLA/7 UP BOTTLING R 5/ 12/85 11625 1Y061.55
04360 EPSCO R 5/12 /89 11626 29013.44
04376 PRIOR WINE CO R _ 5/ 12/8S 11627 1 9438.7C
04378 PROFESSIONAL PROCESSING R 5/12/89 11628 118.59
04385 QUALITY DINE CO R 51.12189 11629 29102.73
04390 REX DISTRIBUTING CC R 5/12/85 11630 14 .409.45
04450 STUART DISTRIBUTING CC R 5/12/89 11631 342.8C
04463 SUPERIOR PRODUCTS MFG CO R 5112/85 11632 212.90
04465 SURGE WATER CONDITIONING R 5/12/85 11E33 55.8C
04470 TCMBSTONE PIZZA R 5/12/89 11634 57.18
04480 TWIN CITY FILTER SERVICE R 5/12/8S 11635 78 .20
04481 TWIN CITY JANITOR SUPPLY R 5/ 12/85 11636 402.55
04491 UNITED NAY R 5/12/85 11E37 60 .50
06195 NORTHEASTER R 5/12/85 11638 267 .00
06542 SKYVIEW SATELLITE SYSTEMS R 5/ 12/8S 11635 2CO.00
06555 GARMENT GRAPHICS R 5/12/85 11640 431.7C
06566 MIDLAND PRODUCTS CO R 5/12/8S 11641 147.50
06617 PRGHOTIONAL PAGES INC R 5/ 12/8S 11642 5 5 0. C C
TYPE TOTAL 125.886.55
•
TOTAL 125 .886.55
• IMPORTANT
REMIT TO
F--�} CITY OF ST ANTHONY MIRACLE RECREATION EQUIPMENT
CO.
3301 SILVER LAKE RD .. �d. l_
P.O. Box
SOLD * ST. ANTHONY, MN. 55418 631
TO St. Louis, MO O 63195
55418AO1 M I R A C L E
RECREATION EQUIPMENT CO.
P.O.Box 420•Monett.Mlssoul 65708
Phone 417.235.6917
ST ANTHONY VILLAGE Working Hard For Recreation
SHIP ' VILLAGE SHOP Foci.I.D.a42.0995018
TO 3801 CHANDLER DRIVE
ST ANTHONY, MN. 55421 REFER TO THIS NUMBER ON ALL
PAYMENTS AND CORRESPONDENCE
SEQUENCE CUSTOMER ORDER NUMBER \ SOLD BY DATE INVOICE NO.
NO.
!. ).
64311 q6 89 KLEIN ROBERT 14
4/28/89
01177
QUANTITY MODEL N0. DESCRIPTION UNIT PRICE NET
1 166885 11" CYCLONE SLIDE TOTAL DUE $2,170.00
I
o
I
a
o �
o
0
- v
NET 30 DAYS PLEASE ENCLOSE DUPLICATE COPY OF THIS
11/4% PER MONTH FOR PAST DUE INVOICE WITH YOUR PAYMENT
ACCOUNT. (ANNUAL RATE OF CUSTOMER
INTEREST— 15%)
C 595 ALDINE ST.
ST. PAUL, MN 55104 5042
• • 612/645-5726 •
U E E N EQUIPMENT 1NC9
"SHIP TO"SAME AS"SOLD TO"UNLESS INDICATED -�
(— City of St . Anthony
SOLD 3301 Silver Lake Rd . SHIPPED 3801 Chandler Drive N.E.
TO St. Anthony, MN 55418 TO
L L J
TERMS: NET 10 DAYS
OUR ORDER NO. COST.ORDER NO. DATE SOLD SHIPPED VIA INVOICE DATE INVOICE NO.
Stock 2276 3/13/89 5/12/89 5042
CHASSIS ARRIVAL DATE TRUCK MAKE YEAR MODEL C.A. TRANSMISSION
B.O ORD. SHP'D. DESCRIPTION UNIT PRICE TOTAL AMOUNT
1 Hustler. 340 - Deluxe Seat - Wide Turf Tires
R.O.P. S.— Cab Enclosure - Heater - Wiper
Front $ Rear Wiper - 54" Snowblower
72" 3/Way Deck _ High-Vac - Deck Adp.
Tractor Mount Kit _
Light Kit - 2 Front - 1 Rear 20 ,488 . 00 °
**THIS ORDER INCLUDES NO SALES TAX OR F.E.T. UNLESS SPECIFICALLY LISTED SEPARATELY **
ELGIN SWEEPERS SEWER CLEANERS DUMP BODIES & HOISTS SNOW PLOWS-SPREADERS
LEACH PACKERS SEWER PUMPS LIFT AXLES ASPHALT EQUIPMENT
ROLL-OFFS & STATIONARY PACKERS SWEEPER BROOMS 5TH WHEEL PAVERS-RECYCLING
WAlT�O�An METROPOLI. ::WASTE
CO(1TROL CONTROL C:C)MMISSION
commiffion
TMnCitles Rrea 350 METRO SQUARE BUILDING ST. PAUL, MN 55101 PHONE (612) 222-8423
4
METROPOLITAN WASTE CONTROL COMMISSION
MEARS PARK CENTRE
CITY OF ST ANTHONY 230 FAST FIFTH STREET
ACCOUNTS PAYABLE ST-PAUL, MINNESOTA 55101
3301 SILVER LAKE ROAD
ST ANTHONY MN 55418
INVOICE
5/01/89 0022475-000 JUNE 0006792
aWVOFCE DATE:' ",.CUSTOMER_ACCOUNT::NUMBER ?SERVICh MONTH 1NYOICf.INO AMOUNT.
401 SEWER SERVICE CHARGES 19,627.86
TOTAL: 19,627.86
:........:..... :.. .... .:. . .:
D�a Ott fhe i rrst day of tha serrrce month _ lnstatltztents'riot reeerved by the 90th d of each
;::....-tn#>rslh in which; due sha11 i5e re aided as 61� i!60 at�d sl,atf bear interest f.rorn the first db
0 r►4 Y
of sWCh;month.fit the:_sate: of 1.896
} anum As lawn flf MinAesota 7885, chapter 136
:.:: ........:
FINANCE DEPARTMENT CITY OF MINNEAPOLIS
FORM 235 BILL No. 0PB 0/111119
PLEASE DETACH TOP PORTION
AND RETURN WITH YOUR REMITTANCE CODE CODE CODE CODE
MAKE CHECKS PAYABLE TO: FUND-LOW ORG. e000 016880
MINNEAPOLIS FINANCE DEPT. ACCOUNT 1120 1853 1120
TASK —
ROOM 331, CITY HALL OPTION —
MINNEAPOLIS. MINNESOTA 55415.1379 PROGRAM ELEMENT —
AMOUNT $582.92 $582.92
I DEBITICREDIT D C D C
Village of St Anthony NAME IVillage of St. Anthony
3301 Silver Lake Road N.E. TOTAL BILL $ 582.92
Minneapolis, Mn 55418
STATUS DATE OF BILL AIR FY CONTRACT NO.
CODE DATE 4-26-89 1 89
06 PREPARED BYIDATE IT 4-26-29
07 ORIGINATING DEPT. ULw
0 APPROVED BY/DATE Ilig — —
RETAIN BOTTOM PORTION FOR YOUR RECORDS 09 TELEPHONE NO. 34A i414 DESCRIPTION AND DATE OF SERVICE AND,IF APPROPRIATE,NAME OF AUTHORIZED PERSON REQUESTING SERVICE (Do
NOT write in this space)
One quarter the cost of operation and maintenance traffic semaphore
located at the intersection of Lowry and Stinson Blvd N.E.
for the period of January 1 thru December 31,1988.
Maintenance cost for the year 1988 $1,343.46
Electricity Cost for the year $988.22
$2,331.68
Village of St. Anthony Share $582.92
DUE AND PAYABLE UPON RECEIPT
CITY OF MINNEAPOLIS BILL No. 0 P B
CUSTOMER'S COPY
INVOICE NO. 42889/1
DATE April 28, 1989
IDENTITY INC. YOUR
1014 Westwinds Ct. ORDERNO. Per Susan L.
Columbia, Mo . 65203 OUR VanderHeyyden
ORDER NO. B-055--IDY
SOLD TO: SHIP TO:
Susan VanderHeyden SAME
Asst. to the City Mgr.
SAINT ANTHONY VILLAGE
3301 Silver Lake Road
St. Anthony, Minnesota 55418
F.O.B. TERMS DATE SHIPPED SHIPPED VIA SALESPERSON
Net 30 days 4/28/89 UPS D. Caspall
ORDERED SHIPPED DESCRIPTION PRICE PER AMOUNT
29000 29000 SAINT ANTHONY VILLAGE Lapel Pins w/imprinte
cards $. 89 ea. $1,780 00
TOTAL AMT. DUE . 1,780 00
THANK YOU FOR YOUR BUSINESS. I HOPE )DU ENT Y YOUR 1APEL PINS'
TOPS FORM 3333 Litho in U.S.A.
'
_
ST. ANTHONY - NEW BRIGHTON
INDEPENDENT SCHOOL DISTRICT 282
3303 33RD AVENUE N. E.
MINNEAPOLIS , MN 55418
(612 ) 781-2757
_________________________________________________________________
----------------------------------------------------------------
INVOICE
n,4 t-e - April 10 , 1989
9111 To: City of St' Anthony
2301 Si Ivor Le',e Road
St . Anthony , MN -55418
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W2 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MINUTES
3 May 16,. 1989
4 The meeting was opened at 8:00 P.M. with the Pledge of Allegiance led
5 by Chair Madden. The opening had been delayed until the District #282
6 School Board election polls closed.
7 ROLL CALL
8 Present: Hansen, Wagner, Madden, Werenicz , Brownell,
9 Franzese (arrived at 8:04 P.M. )
10 Absent: London.
11 Also present: Susan L. VanderHeyden, Acting City Manager
12 Ray Nelson, Liquor Operations Manager
13 APRIL 5, 1989 PLANNING COMMISSION MINUTES
14 Motion by Brownell , seconded by Hansen to approve with the following
15 changes:
Page 5: line 23 : , Substitute "later" for "earlier" .
Page 14 , line 27: Substitute 111987" for 111981"..
18 Page 156, line 7: Substitute "written" for "rewritten" ..
19 Motion carried unanimously.
20 Commissioner Hansen indicated the last paragraph on page '14 was quite
21 confusing for him because he had gotten clarification the previous year
22 that CDBG funds had been used only for senior programs and none for
23 child care as was stated in the minutes. Ms. VanderHeyden indicated she
24 would do further . research on that and report back to him. She also
25 verified that a large CDBG allocation from Ramsey County had been made
26 towards the City's temporary carbon filtration facility the previous
27 year and the City would probably not be getting another Ramsey County
28 allocation for awhile.
29 COMMISSIONER HANSEN TO REPRESENT COMMISSION AT COUNCIL'S MAY 23RD
30 MEETING
31 NEW BUSINESS
32 Commissioners Indicate Reaction to Proposed Stonehouse Signage
33 The signage package plan which had been discussed at the last Council
34 meeting was attached to the Acting City Manager's May 9th memorandum
where she requested Commission review and comments.
1 Ms. VanderHeyden reiterated that the new canopy sign across the front •
2 of 'the building was the one sign allowed for the business, but the half
3 barrel canopy sign which is proposed be to relocated over the west
4 entrance was one on which the Council was seeking Planning Commission
5 recommendation, taking into consideration only the two sides which would
6 show from the street and the fact that the Stonehouse is located on a
7 corner and can be seen from a number of streets. The Acting City
8 Manager also drew to the Commission's attention the fact that the total
9 sign surface (144 square feet) was under the 150 square feet allowed per
10 business.
11 Ray Nelson, the Liquor Operations Manager, indicated the BAR and GRILL
12 lettering would be painted over on the southern exposure which can't be
13 seen from the street anyway. He also explained to the Chair that the
14 Speakeasy Bar was. not being used by the City except for rental purposes
15 at this time and he perceived the sign at that entrance could be
16 considered a type of directional sign which is usually allowed any
17 business. The BAR and LOUNGE lettering on the wall nearest the former
18 bottle sop - could also be removed, although there would be nothing to
19 indicate that entrance if that was done.
20 Ms. VanderHeyden told Chair Madden the City's policy regarding the type
21 . of hand lettered signs which announce special events, etc. was that
22 businesses are all allowed to put up such temporary signs for two weeks
23 after notifying the City. The Chair commented that regardless of the
24 City's policy, he thought such signage looked very "tacky" . Mr. Nelson
25 responded that he supposed they could use electronic ticker tape type
26 billboards like the neighboring Main Event and Brandywine, but they
27 would cost a lot of money and would be considered additional signage.
28 As a justification for the additional signage on the west side of the
29 building, Mr. Nelson pointed out that without that signage there was
30 nothing on that side to let drivers on Kenzie Terrace, St. Anthony
31 Boulevard or Silver Lake Road know what was inside the building.
32 When Commissioner Hansen commented that from reading the Council minutes
33 he had concluded the Council had already approved all the signage, Ms.
34 VanderHeyden said what they had approved had been the signage for the
35 front of the building but had indicated they would like the Planning
36 Commission's reaction to the additional signage on the west side which
37 would be the relocated half barrel canopy sign with lettering for the
38 STONEHOUSE and DINING and DANCING on the front and north side. The
39 Chair commented that the proposal was actually for two signs on that
40 side which, of course, was the same as had been allowed the Salvation
41 Army Thrift Store at Apache.
42 Commissioner Hansen said he didn't think the Commission should only be
43 consulted regarding the signage on the west side, perceiving their
44 consideration should be given instead to the whole signage package.
45 Commissioner Franzese told him she guessed that hadn't been done because
46 this was for a City-owned business which used its revenues to offset the •
47 residents taxes. His response was that he was also concerned about
2
1 taxes but perceived the signage at the gateway to St. Anthony should
•2 give a good example to other businesses in the City.
3 Mr. Nelson said the Council's intent with the canopy sign in front was
4 to eliminate the existing unsightly RESTAURANT sign and substitute an
5 awning sign across the front which would be lit from the back. He
6 perceived it would dress up the building and would be good for the whole
7 City. He said using the canopy from the front of the building on the
8 west side represented a savings for the City as well.
9 When he mentioned how difficult it had been to get business at the SAV
10 I bottle shop back up where it was before the move to the building next
11 to the Stonehouse, Commissioner Hansen said may be the signs on the
12 canopy should say On and Off Sale instead. The Liquor Manager
13 indicated that wouldn't be necessary because the copy on the pylon sign
14 was going to be changed to SAV LIQUOR as indicated on the drawings he
15 then distributed. — — -
16 Rod Johnson, who was present to discuss the changes in the Mid-America
17 Cheese Store in the St. Anthony Shopping Center commented that the
18 City's large pylon sign tended to take away from the effect of the new
19 signage the Center had just erected. Mr. Nelson reiterated that the
20 . City's pylon had been up -for 20 years and the only change which was
21 going to be made was to the copy. The Chair suggested Mr. Johnson might s
22 want to contact the Council about his concerns through the Acting City
23 Manager.
*4 Planning Commission Recommendation
25 Motion by Franzese, seconded by Wagner to recommend the half barrel
26 canopy sign be moved to the west side of the Stonehouse building where
27 it would be functional for protecting customers from rain, etc. and
28 because of the fact that business is situated on a corner and needs
29 signage on that side. The Commission also perceives this signage would
30 incur little expense for the City since the sign is already in existence
31 on the other side of the building. The Commission also recommends that
32 the lettering for BAR and LOUNGE be removed from the front wall of the
33 building -and that only the lettering on the sides of the barrel canopy
34 sign which show from the street be retained.
35 Motion carried unanimously.
36 Commission Recommends Giving Mid-America Another Six Months to Find a
37 Subtenant
38 Although no public hearing had been scheduled, the Commission's
39 recommendation was sought regarding the request from Mid-America
40 Dairymen, 1265 Grey Fox Road, Arden Hills that the City grant them a
41 temporary delay of enforcement for the combination of uses (retail in
42 the front of and the warehouse/storage in the rear) at the Mid-America
43 Cheese Store at 2912 Pentagon Drive in the St. Anthony Shopping Center.
•
3'
1 The combination of uses had been established by staff interpretation in •
2 1987.
3 Staff Report
4 The Acting City Manager had advised the Commission in her May 12, 1989
5 memorandum that since the retail operation had been closed in January, .
6 the entire operation was no longer in conformance with the conditions
7 imposed by David Childs the former City Manager, which allowed the
8 combination of uses to exist. Her memorandum also reported the store
9 owners were now requesting the City grant a temporary delay of
10 enforcement for at six to 12 months to allow - Mid-America to find a
11 subleasing retail use which would bring them into conformance with that
12 condition or to locate a tenant to sublease the entire space.
13 Ms. VanderHeyden told the Commissioners she perceived the
14 warehouse aspects of the combination would be valid only if there was
15 a retail use in the front portion of the store.
16 Commissioner Wagner commented that he perceived the understanding Mr.
17 Childs had with Mid-America was that the same business would operate
18 both portions of their space and if that was correct, Option A in Ms.
19 . VanderHeyden's memorandum would be almost impossible since it would
20 probably be very difficult to find another retail type of business to
21 sublease the empty retail space for the two and a half years remaining
22 on Mid-America's lease with the shopping center.
23 Proponents:
24 James Gammill, Manager of Member Services for Mid-America Dairymen,
25 reported
26 -The mix of uses in the St. Anthony Cheese Store was the same as that
27 carried out in 17 cooperatives for dairy farmer stores in South
28 Dakota, Minnesota, and Wisconsin.
29 -The main function of the St. Anthony Store had been to provide
30 supplies for the dairy farmers to operate their farms in a sanitary
31 manner by the distribution of materials like soap, sanitizers,
32 filters, paper towels, brushes, etc.
33 -Retail stores like the one in St. Anthony were intended to give the
34 farmers the opportunity to buy back some of the dairy products Mid-
35 America manufactured from their produce at locations where the
36 supplies were also assembled.
37 •In 1986, when the company was looking at the St. Anthony location as
.. 38 a distribution center, they also perceived a little retail business
39 in conjunction with the distribution of supplies might be as
40 successful as other operations had been in other small towns like
41 Watkins, Winsted, Fergus Falls, Zumbrota, etc. •
4
•1 •However, the St. Anthony store operated with very disappointing
2 returns all through 1987 and 1988 and the retail sales were
3 discontinued in January.
4 -His company is now seeking more time to look for a subtenant for the
5 retail portion or perhaps for the whole location while they were
6 continuing the distribution center.
7 •A commercial broker was now working on subleasing the space.
8 Charles Diessnire, 110 International Centre, Minneapolis, Attorney for
9 Mid-America indicated the broker had reported having some prospects for
10 subleasing the space and had been furnished a copy of the lease to
11 evaluate those prospects to see if they fit the terms of the lease. The
12 Attorney added that Mid-America perceived the failure of the shopping
13 center to upgrade the center as they had promised when the company
14 leased the space had resulted in many more vacant spaces which the
15 company realized could cause them problems with trying to sublease
16 their location. Mr. Diessnire reported it had been because of that
17 realization that he and Mr. Gammill had consulted Mr. Childs to find out
18 whether they could continue to operate their distribution business and
19 keep the retail space empty while they looked for a business to sublease
2.0 that space. Mr. Diessnire indicated further that:
21 -There was not a high traffic business and no signage would be needed
402 to identify the distribution portion because the only trucks which
3 had to find them were those the company owned which brought supplies
4 to the St. Anthony location to be assembled by order and sent out by
25 company trucks to the various stores throughout the three states in
26 which Mid-America operates.
?y
27 -The trucks normally come to the St. Anthony store only the first four
28 days of the week with only occasional trips on Fridays.
29 When Commissioner Hansen said he had been concerned that a different
30 retail in the store might require signage of its own, Mr. Gammi11
31 reiterated that there was no reason for identifying the distribution
32 center in the front of the store and reiterated that there would be
33 minimal traffic connected to the business in the back of the store which
34 should have no impact on the mall traffic at all.
35 Mr. Diessnire emphasized that Mid-America and the center owners shared
36 the same objective of finding a new tenant for the entire space and the
-37 worst scenario for Mid-America would be to have someone take only the
38 retail and leave them with warehouse space which is too expensive for
39 them to operate. However, he said they were willing to stay there and
40 to keep the distribution business operational while they were looking
41 for a new tenant.
•
5
1 Planning Commission Recommendation •
2 Motion by Wagner, seconded by Brownell to recommend the Council grant
3 a six month delay of enforcement of conditions which staff two years
4 ago interpreted to allow a combination of uses for the purpose of
5 allowing the leaseholder the opportunity of subleasing the entire 9, 377
6 square feet of space to a tenant or tenants as per Option B of the
7 Acting City Manager's May 12 , 1989 memorandum on the issue.
8 Before the vote was taken, the following objections to the action which
9 was being proposed were voiced:
10 Rod Johnson, Eberhardt Manager of the St. Anthony Shopping Center,
11 indicated he perceived that by delaying the enforcement of the
12 conditions for the life of Mid-America's lease, the City would be
13 guaranteeing that Mid-America would continue to use the 9, 377 square
14 feet of space in the back of their store as a distribution center for
15 which they would have to keep on paying rent which the center needs to
16 finance the improvements the owner is making on the center now. He said
17 if no single tenant is found for all 9, 377 square feet in six months,
18 the City would be limiting the revenue potential for the center.
19 . Commissioner Wagner said that wasn't what he was trying to do with his
20 motion; but he had felt impelled to word the motion in the manner he had
21 done because he perceived by allowing a different owner in the retail
22 space, the City would be establishing a warehouse use in the back which
23 the City Ordinance does not permit in a commercial zone. The
24 Commissioner said he thought the only reason the City Manager had
25 allowed the retail/warehouse/storage combination in 1987 had been
26 because the warehouse/storage operation had been so closely tied in
27 with the retail, which no longer operating. He confirmed for the
28 Chair's benefit that the purpose of his motion had been to give Mid-
29 America six months to look for the a conforming tenant to sublease the
30 space for the two and a half years remaining on Mid-America's lease.
31 He indicated he expected that after the six months have elapsed and if
32 no subtenant for both front and back is found, no operation of a
33 warehouse separate from the retail would be allowed because without the
34 retail the City would be allowing the continuance of a use which is not
35 allowed in a commercially zoned district.
36 Mr. Diessnire interjected that he wished he would have known that the
37 Commissioners were going to take action like that because he thought
38 they should realize just how serious the impact would be on his company.
39 The Attorney said he had not been present for the initial meetings
40 between Mr. Childs and Mid-America representatives, but during his and
41 Mr. Gammill's recent meeting with the City Manager before he left St.
42 Anthony, Mr. Childs had told them he did not view the delay in
43 enforcement as a problem as long as Mid-America was only asking for an
44 extension of the enforcement and not a variance or other change relating
45 to circumstances which are unique to Mid-America because of the
46 conditions under which the store had been operating since they went in •
47 the center. Mr. Diessnire reported Mr. Childs had never indicated to
6-
!1 them that the original permission was tied to Mid-America being both
2 a retail and wholesale business. The Attorney told the Commissioners
3 the wholesale operation is geared for retail sales to Mid-America
4 membership only, similar to a Shopco operation and not really a
5 warehouse type of operation for which there would be many trucks running
6 back and forth. He said he could understand the Commission's concerns
7 about other types of warehouse operations which are very different from
8 what's now going on in the St. Anthony location.
9 Mr. Diessnire indicated Mid-America shared in the City's problems with
10 the owners waiting so long to fix up their shopping center, -under which
11 his company "got trapped in a situation where the center is now doing
12 what they promised to do three years ago, but three years too late to
13 prevent the retail from having to be closed. " He said if the City did
14 what the Commission's motion suggested, it would be imposing severe
15 financial penalties on Mid-America. The Attorney then requested that
16 instead of proceeding with the motion in the form it had been made,
17 that staff contact Mr. Childs, who had structured this arrangement and
18 told the Mid-America representatives he wanted to follow through on that
19 original intent. Mr. Diessnire argued further that he could see no
20 more adverse effect on the public from having another user in the retail
21 portion of the store than had occurred when Mid-America had operated
22 both front and back businesses without them. even being aware of the
23 combination.
24 When Commissioner Wagner asked the Attorney whether he thought the
City would have ever approved of an exclusive warehouse use in a retail
6 center, Mr. Diessnire replied "I would expect not." The Commissioner
27 then told him he didn't think the City would be doing anything to Mid-
28 America except to enforce the ordinance and he perceived it would be
29 necessary to consult the City's Attorney before the Commission could
30 take action which would allow a warehouse operation in a commercial zone
31 and it should be up to him to decide whether the Mid-America operation
32 could be viewed as a quasi-retail operation as their attorney had :.
33 claimed.
34 The Chair then summarized the motion and asked for a vote.
35 Aye: Wagner, Brownell, Hansen.
36 Nay: Franzese, Madden, Werenicz.
37 Motion not carried.
38 Mr. Diessnire then requested -he be allowed to propose a motion which
39 would recommend to the Council that enforcement of the ordinance would
40 be delayed until November 30, 1991 , under the condition that Mid-America
41 would exercise reasonable efforts to locate a tenant for the entire
42 facility would sublease the retail portion of the space which is not
43 being used now. Mid-America would also agree to stay in the portion
44 they are now using and to pay rent for that space through the end of
45 their lease.
7
1 Commissioner Hansen said if the Commission kept the original motion,
2 there would have been nothing to prevent Mid-America from requesting a
3 further extension if after six months, the Commission perceived they had
4 made a good faith effort to find a tenant for the entire space. He said
5 he perceived that the City wasn't foreclosing on the issue altogether
6 but was instead asking Mid-America to do everything they could in six
7 months and then to return for further action from the Commission or
8 Council based on their possible inability to find an acceptable tenant
9 for the space.
10 Commissioner Franzese said she perceived a strong belief of the
11 Commission that the issue should be held over for at least six months
12 and made the following:
13 Motion by Franzese, seconded by Werenicz to delay enforcement of the
14 conditions imposed on the Mid-America Cheese Store for six months during
15 which the company would make reasonable efforts to find a subtenant for
16 the entire premises at 2912 Pentagon Drive and if unsuccessful in
17 finding that subtenant would have to return to attempt to work out
18 another agreement with the City.
19 Motion carried unanimously.
20 Ms. VanderHeyden indicated she would in the meantime be rechecking with
21 Mr. Childs to clarify whether he had meant to allow the combination only
22 because it was for the same operator or whether he thought the
23 enforcement should be delayed no matter who operated the front or back..
24 Mr. Diessnire said the way he understood the motion was that the
25 Commission was recommending Mid-America be given six months to see how
26 they perform and within that six months the company would either be
27 coming back to the City to report they could find no subtenants for the
28 entire facility or if they _found a subtenant for the retail only, to
29 , request a delay of enforcement based on a combination of that subtenant
30 and continuance of Mid-America's wholesale operation. Commissioner
31 Wagner concurred with that understanding, saying that the City in the
32 meantime could be consulting its own attorney to determine whether the
33 City Ordinance could allow the latter.
34 Mr. Johnson reminded the Commissioners that the Coast to Coast store
35 would be having its grand opening at 9:00 a.M. the following morning.
36 He indicated business at the hardware store had been very good even
37 without advertising. The center manager also reported a grand
38 reopening of the shopping center was planned for at which time the
39 center owners' New York representatives would be present. These
40 ceremonies would be followed by a big sales promotion sponsored by the
41 owners.
42 Mr. Johnson reported the other activities the center anticipated once
43 the new signage is up, which included repainting all the store fronts
44 and the canopy support columns. The Center Manager replied to
,A5 Commissioner Wagner's questions related to existing signs on the back
8
W 21 of the center buildings by indicating he thought the agreement with the
City called for the removal of all signage except that which was being
3 installed over the store fronts. Door identification would probably
4 remain, but Mr. Johnson requested staff write him a letter indicating
5 any of the signs in that area which the City considered problematic so
6 he could show them to the tenants when he asked them to remove that
7 signage.
8 The discussion of the Cheese Store was resumed with Commissioner Wagner
9 telling Mr. Johnson he perceived neither the center nor the City wanted
10 warehousing in the center. The Center Manager said if the City allowed
11 a different retail business in front of the store until Mid-America's
12 lease expired, that store owner should understand that he or she had the
13 option of relocating in the center if a subtenant could be found for the
14 entire space.
15 Commission Recommends Temporary Trailer and Additional Temporary Rental
16 Signs be Allowed Lang/Nelson
17 Specifics of the above requests had been given in the Public Works
18 Director's May 12th memorandum to which he had attached a copy of the
19 May 12th letter from the Lang/Nelson property manager who had sketched
20 . in the proposed trailer placement location. The agenda packet also
21 included a prototype of Gelco Space's 12 by 44 foot trailer.
2 Ms. VanderHeyden recalled the problems the City had with getting the
Kenzington sales trailer removed and noted that Lang/Nelson had included
4 a start and end date for use of the trailer. She indicated the
25 - additional directional rental sign the developers are requesting would
26 be located north of the City fire station on the corner of the vacant
27 restaurant property at where it can be seen from Kenzie Terrace, St.
28 Anthony Boulevard, and Silver Lake Road.
29 Paul Brewer of Lang/Nelson was present and told the Commissioners:
30 -the proposed sign copy would contain only an arrow pointing towards
31 the apartment development as well as the project name;
32 -all other necessary information regarding the project like telephone
33 numbers, etc. , would be carried on the sign on the property;
34 -this directional sign would be professionally constructed of plywood
35 and color coordinated with the other sign;
36 -the developers have an agreement with the owners of the vacant
37 restaurant property which calls for removal of the sign should the
38 property be leased before May 1, 1990 the date the developers would
39 like to keep the sign up until;
40 -the developers hope to have the first Autumnwoods apartment building
41 ready for occupancy by September or October, 1989; the second building
is the senior building which, although it would probably be up by
9
1 January or February, 1990, because of the hesitancy of its occupants ,
2 to move in winter would probably not be occupied until May 1, 1990;
3 the second market rate building should come on line shortly
4 thereafter in June;
5 -the construction trailer which is on the site now wwill be located
6 on the Lowry side of the property next to the third building.
7 Planning Commission Recommendation
8 Motion by Hansen, seconded by Wagner to recommend the Council grant the
9 requests from Lang/Nelson to erect:
10 1. The proposed temporary trailer on the construction site to be used'as
11 a rental office as requested from June 1, 1989 to September 28, 198.9.
12 2. The proposed directional sign not to exceed 4 feet by 8 feet in the
13 location requested on the vacant restaurant property for a period not
14 to exceed May 1, 1990 subject to staff review of maintenance and
15 upkeep of the sign and assurance that a sign in that location won't
16 obstruct traffic.
17 . The Commission makes these recommendations finding the requests meet all
18 City Zoning Ordinances and requirements of the City's Sign Codes.
19 Motion carried unanimously. •
20 ADJOURNMENT
21 Motion by Brownell, seconded by Hansen to adjourn the Planning
22 Commission at 9:20 P.M.
23 Motion. carried unanimously.
24 Respectfully submitted,
25 Helen Crowe, Secretary
26 :cjk
27
•
10
. ain thon
iI IaZ 1 tArT : APPROVAL :
may 9 1989
TO :
Planning Commission Members
FROM :
Sue VanderHeyden, Acting City Manager
=TEM • STONEHOUSE, 2700 HIGHWAY 88 , SIGNAGE VARIANCE RECOMMENDATION
The St. Anthony City Council at its April •25, 1989 meeting took action
to refer the signage plans for the relocated canopy at the Stonehouse
establishment to the Planning Commission for its recommendation.
The entire signage package plan is enclosed for your review and comment.
As stated in the April 25, 1989 Council minutes, the new canopy sign to
be purchased from Arrow Sign Company does not require a variance. With
the removal of the restaurant sign now located on the front of the
building and the relocating of the existing canopy sign, the new signage
is under the 150 square foot sign surface (144 square feet) allowed per
business:
Action requested is for the Planning Commission to make a recommendation
concerning the existing signage on the half barrel canopy sign which is
to be relocated over the west entrance to the Stonehouse. The southern
exposure of this canopy sign won't be seen, therefore, it does not have
to be taken into consideration. A variance recommendation is needed for
the lettering for the Stonehouse and Dining and Dancing on the front and
northern exposures. Please note that the Stonehouse is located on a
corner and can be seen from a number of streets (Kenzie Terrace, St.
Anthony Boulevard, and Silver Lake Road) .
(Please refer to the enclosed City Council minutes. for more
information. )
:cjk5.16.89
{
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u illa e
DATE z 0 APPROVAL :
May 12 , 1989
TO :
Planning Commission Members
F ROM :
Sue VanderHeyden, Acting City Manager
ITEM : MID-AMERICA DAIRYMEN (ST. ANTHONY SHOPPING CENTER) REQUEST
Approximately two years ago Mid-America Dairymen, Inc. was allowed a
combination of uses in the St. Anthony Shopping Center (a C-Commercial
zone) . By staff interpretation, the company has been allowed to include
some warehouse/storage in the back part of its space as long as the
operation includes a product retail store in the front.
At this time, the retail portion of -Mid-America is no longer in
operation. Therefore, it is not in conformance with the condition
allowing the combination of uses to exist.
Mid-America Dairymen, Inc. is requesting that the City grant a temporary
delay of enforcement of the condition as indicated by staff, for a
specified amount of time (6 - 12 months) to take action in one of the
following ways:
A. Mid-America would find a commercial/retail use for the front of
the operation which would put them in conformance with the zoning
condition. However, this option could possibly cause the back
of the store to remain empty and unusable once Mid-America moves
out.
B. Mid-America would like to locate a tenant to sublease the entire
space available, allowing the property to be used to its fullest
extent.
:cjk5:16.89
. ain th ilia e
ID ATE : APPROVAL : Ii
May 12, 1989 r
'TO : Planning Commission Members/Mayor and Councilmembers
FROM : Larry Hamer, Public Wdrks Director
I TEM : REQUESTS FROM LANG/NELSON
Lang/Nelson is requesting Council permission for:
1. a temporary trailer to be used as an apartment rental office; and
2. an additional temporary directional sales sign.
Request #1
Please refer to the attached letter -for the specifics of this request.
Precedent was set when the Kenzington was being constructed and Arkell
utilized a temporary ,traileras a sales office.
Request #2
Lang/Nelson would like to place a temporary 4 foot X 8 foot sign on the
empty lot at 2905 Kenzie Terrace (formerly Mr. Hobo's, etc. ) to further
advertise their apartment rentals. A representative from Lang/Nelson
will be present to detail this request and answer any questions you may
have.
:cjk5.16.89
I�
�N LANG-NELSON
ASSOCIATES INCORPORATED
PROFESSIONAL PROPERTY MANAGEMENT
May 11, 1989
Mr. Larry Hammer
Director of Public Works
St. Anthony Village
3301 Silver Lake Road
St. Anthony, SIN 55418
Dear Mr. Hammer,
As per our discussion on Autumn Woods of St. Anthony today,
I have outlined the specifics you requested regarding the placement
of a temporary rental mobil office.
1) The temporary rental mobil office will be located on
• the construction site from 6-1-89 thru 9-28-89.
2) The size of the mobil office is 12 ' X 441 . (See a copy
attached)
3) The actual placement of the mobil office is sketched
below.
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Sfop1,+� �{e9Z le.Terraee mac/
.If you have any questions, please don' t hesitate to give me a
call.
Si cerely,
69p,&,u
• Charlene Dahler
Property Manager
CD:cd
Enclosure
4601 Excelsior Doulevord,Suite 650,Minneapolis,Minnesoto 55416 920-0400
•
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12' x 48' Modular ---12' x44' Building Size. For Rental, Lease or Sale.
T' 11,8"
y
4'wood Bl-fold -0-
Do I
4'0" 22'6" 12'0"
Standard Equipment The Designer Extras Branch Offices
Fully Insulated Commercial°Carpeting Over 80 Locations to Serve You
8' Ceiling Heights Recessed Fluorescent Lights Call 800-523-7918
30,000 BTUH of Air Conditioning Wood Exterior Siding All the space that fits your needs.
10KW Ducted Heat Coffee Bar with Sink
Bath and Closet Mansard Type Roof Trim
2-36"Exterior Doors Detachable Hauling Hitch O
Concealed Tie Down Straps Trim 011 Door and Windows
Office Partition with Swinging Door Bronze Glass Windows Space
Bronze Glass Entrance Door
60 CFM Bathroom Fan Two Bala Plaza,Bala Cynwyd,PA 19004
• Cn(rynghi 198fi Rry GS-1248D Slxtcilirations may va,y. - • t'`-
i► ,
LAW OFFICES
HAN C E C6 LE VAH N , LTD.
SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS, MINNESOTA 55418
EDWARD J. HANCE
JOEL T. LEVAHN
ALLEN R. DESMOND TELEPHONE
(612) 781-4858
ASSISTANTS
TERESA H. CRAVEN
KATHRYN A. DAILEY
May 4 , 1989
Ms. Susan Vanderheyden
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
Ladies and Gentlemen:
Enclosed herewith please find a copy of a report indicating
various matters conducted at the Hennepin County District Court
up to and including May 3 , 1989 .
Should you have any questions or comments, please contact me.
Yours v ruly,
D ANCE
En 1 ure
EJH/kd
ST. ANTHONY •PROSECUTION ACTIVITY
May 3 , 1989
HANCE & LEVAHN, LTD.
Edward J. Hance
-Prosecuting Attorney
Submitted By: Allen R. Desmond
Assistant -Prosecuting Attorney
2401 Lowry Avenue N.E. , Suite 200
Minneapolis, Minnesota 55418
Telephone: (612) 781-4858
A R R A I G N M E N T S - The Honorable William S. -Posten
DEFENDANT PLEA SENTENCE
Bauml.er , Thomas Jacob Charged with shoplifting; .Pled Fine - $50 .00 .
118 guilty.
Bettancourt, Louis Marvin Charged with no insurance, Fine - $100.00 .
108 failure to provide proof of
insurance coverage within
seven days, and defective
brake and tail lights;
-Pled guilty to no insurance
charge; Other charges dismissed.
Bierch , -Paul Mark Charged with DAR and failure to
116 signal turn; Arraignment
continued until June 7 , 1989 .
Bresnahan, Amy Linda Charged with owner allowing Fine - $100 .00; Jail. - 10 days, 10
113 revoked driver to operate days stayed one year; On condition of
motor vehicle; Pled guilty. no same or similar offenses for one
year.
Chelman, Leonard Lyle Charged with DWI and alcohol
113 , 117 concentration of . 10 or more
within two hours ( .14) ;
-Pre-Trial set for May 17 , 1989 .
Childs, Adam Corey Charged with no insurance, Fine - $150 .00.
108 possession of marijuana in
motor vehicle, and expired
Minnesota driver ' s license;
Pled guilty to no insurance
charge; Other charges dismissed.
Davis, Kevin James Charged with no insurance and Fine - $100 .00 .
116 failure to transfer title;
Pled guilty to no insurance
charge; Other charge dismissed.
Ekberg, Anthony John Charged with DWI and unreasonable
108 , 116 acceleration; -Pre-Trial set for
June 7 , 1989 .
Farber , Kevin Ray Charged with disorderly conduct
115 and misdemeanor giving false
information to police officer;
No appearance at May 3 , 1989 ,
continued arraignment; Bench
warrant issued.
Fasthorse, Heath Juan Charged with DAR; No appearance
116 at May 3 , 1989 , continued
arraignment; Bench warrant issued.
Fein, Lori Lee Charged with violation of order Charge continued one year for
116 , 119 for protection; Charge continued dismissal on conditions of no same
one year for dismissal on or similar offenses for one year and
request of Complainant. completion of treatment program.
f
Graves, Barbara Jean Charged with trespassing in
113 , 114 stolen vehicle and vagrancy
near structure; No appearance
at May 3 , 1989 , arraignment;
Bench warrant issued.
Hults, David Dale Charged with no insurance; Fine - $75.00.
113 Pled guilty.
Johnson, Steven Lyle Charged with DAR; -Pled Fine - $100 .00 ; Jail - 10 days.
113 guilty.
Kallberg, Tracy Ellen Charged with careless driving ; Fine - $75 .00 .
108 Charge reduced to speeding;
Pled guilty to speeding.
Klocek , Kari Lynn Charged with owner allowing Guilty plea taken under advisement
116 , 117 DWI and owner allowing uninsured for one year with plea vacated and
motor vehicle to be operated; case dismissed at that time on con-
-Pled guilty to owner allowing ditions of no alcohol-related traffic
DWI, with plea taken under violations for one year and payment
advisement for one year because of $150 .00 in court costs.
Defendant properly recognized that
she was too intoxicated to drive
the car herself and because she
has no previous traffic
violations; Other charge dismissed
because Defendant provided proof
that the vehicle was insured on
the date of the stop.
Krawczyk , Jeffrey Stephen Charged with DWI, alcohol
113 , 116 concentration of . 10 or more
within two hours ( .16) , open
bottle, and no insurance;
-Pre-Trial set for May 17 , 1989 .
Pinsky, Marlene Elizabeth Charged with gross misdemeanor Jail - 90 days, 90 days stayed one
Engstrom, 103 , 116 theft and issuance of worthless year ; On conditions of no same or
checks; .Pled guilty to issuance similar offenses and restitution to
of worthless checks charge; victim.
Other charge dismissed.
Poissant, Dawn Marie Charged with DWI , alcohol Fine - $200 .00; Jail - 30 days,
116 , 117 concentration of . 10 or more 28 days stayed one year ; On condition
within two hours ( .10) , and of no same or similar offenses for
driving over center line; one year.
DWI charge reduced to careless
driving due to Defendant' s good
prior record and low blood
alcohol reading ; .Pled guilty to
careless driving; Other charges
dismissed.
Puelston, Charles Ross Charged with DWI and speeding; Fine - $200.00 ; Jail - 30 days, 28
113 , 116 DWI charge amended to hazardous days stayed one year; On conditions
speeding due to Defendant' s low of payment of $75.00 alcohol
blood alcohol reading ( . 08) ; assessment fee and no same or similar
.Pled guilty to hazardous offenses for one year.
speeding charge; Other charge
dismissed.
Rainwater , Wade Tracy Charged with gross misdemeanor
104 theft; Arraignment continued
until June 7, 1989 .
Schirmer , Donald Charged with fifth degree
119 assault; Arraignment continued
until May 17 , 1989.
Schmitz, Dean Alvin Charged with driver allowing
114 open bottle; Pre-Trial set
for June 7 , 1989.
Van Koevering, Brent Jay Charged with no insurance and Fine - $100 .00 .
116 expired license plates;
-Pled guilty to no insurance
charge; Other charge dismissed.
Windmeier , David Keith Charged with DWI , alcohol
113 , 116 concentration of . 10 or more
within two hours ( .15) , and
failure to obey traffic
control device; No appearance
at May 3 , 1989 , arraignment;
Bench warrant issued.
P R E - T R I A L S - The Honorable William S. -Posten
DEFENDANT PLEA SENTENCE
Gillespie, Vincent Claude Charged with gross DWI and
113 aggravated DWI ; -Pre-Trial
continued until June 7 , 1989 .
Jones, Gary Lee Charged with DWI and alcohol Fine - $200 .00 ; Jail - 30 days, 28
108 concentration of . 10 or more days stayed one year; On conditions
within two hours ( .11) ; DWI of no same or similar offenses for
charge reduced to careless one year and Defendant following
driving due to Defendant' s recommendations of probation officer
good prior record and low as to treatment program.
blood alcohol reading; Pled
guilty to careless driving;
Other charge dismissed.
Lamusga, Nancy Joan Charged with owner allowing Guilty plea taken under advisement
113 driver under the influence of for one year with plea vacated and
alcohol to operate motor case dismissed at that time on con-
vehicle; .Pled guilty, with plea ditions of no alcohol-related traffic
taken under advisement for one violations for one year and payment
year because Defendant properly of $150.00 in court costs.
recognized that she was too
intoxicated to drive the vehicle.
Lee, Scott �Phillip Charged with DAR and no
113 insurance; Jury Trial set;
Opposing counsel to set date
and time and notify City
Prosecutor.
Magnolo, Michelle Ann Charged with DAS; Jury Trial
116 set for June 29 , 1989 , at
9: 15 a.m.
Meyer, Stephen Roman Charged with DWI and alcohol
103 , 113 concentration of .10 or more
within two hours ( .17) ;
Jury Trial set for June 26 , 1989 ,
at 9: 15 a.m.
Seymour , Annette Gail Charged with disorderly conduct;
114 , 117 Charge certified as petty
misdemeanor; Court Trial set for
June 7 , 1989 , at 2 :00 p.m.
Shaw, Christopher Michael Charged with gross DWI and gross
114 , 117 alcohol concentration of . 10 or
more within two hours ( .14) ;
.Pre-Trial continued until
June 7 , 1989 .
Stebbins, Nancy Lee Charged with DAR; Pled guilty. Fine - $100 .00 .
104
C O U R T T R I A L S - The Honorable William S. -Posten
DEFENDANT -PLEA SENTENCE
Davis , Leslie Barbra Charged with speeding; Found Fine - $40 .00 .
113 guilty by the court.
Durand , Julie Mary Charged with speeding; Fine
103 paid on May 2 , 1989 , prior to
court trial.
Saher , Namath Kaker Charged with speeding; No
114 appearance at. May 3 , 1989 ,
court trial; Bench warrant issued.
J U R Y T R I A L S
DEFENDANT -PLEA SENTENCE
Mehra, Vinode Kumar Charged with no insurance Jail - 10 days, 10 .days stayed one
114 and speeding; -Pled guilty to year; On condition of no insurance
no insurance charge on April. 27 , violations for one year.
1989 , before The Honorable
Kenneth J. Gill; Speeding charge
dismissed.
Taylor , Jeffrey Allen Charged with gross DWI , DAR,
113 , 115 careless driving , no insurance,
and possession of small amount of
marijuana in a motor vehicle;
No appearance at April 25 , 1989 ,
jury trial; Bench warrant issued.
Wicker , Charles Javier Charged with no insurance, Fine - $100 .00 or 10 days.
113 , 116 careless driving , and possession
of marijuana in a motor vehicle;
Pled guilty to no insurance
charge on April 24 , 1989 , before
The Honorable Deborah Hedlund;
Other charges dismissed.
C O M -P L A I N T S
DEFENDANT OFFICER CHARGE
Arnoldi , .Peter Robert Captain Richard Engstrom Charged with check forgery; offering
Officer William Ferguson a forged check .
Berg, Christopher Lee Officer Jeffrey Scholl Charged with driving after
suspension.
Edstrom, John Wesley Officer Jeffrey Scholl Charged with tampering with motor
vehicle, lurking, driving after
suspension, operating motor vehicle
without required insurance,
possession of marijuana in a motor
vehicle, and possession of drug
paraphernalia.
Fuerst, Shannon Lanae Officer John Ohl Charged with operating motor vehicle
without required insurance and
failure to provide proof of insurance
coverage within seven days.
Hubbard, Michael Joseph Captain Richard Engstrom Charged with gross DWI , gross alcohol
Officer Dominic Cotroneo concentration of . 10 or more as
measured within two hours of driving
(.17) , possession of an open bottle
in a motor vehicle, and operating a
motor vehicle with defective tail
lights.
McNamara, Brian Leo Captain Richard Engstrom Charged with obstructing legal pro-
Officer Dominic Cotroneo cess or arrest with force, DWI, alco-
hol concentration measured within two
hours of driving of . 10 or more
(. 15) , failure to signal turn, and
failure to stop, for a stop sign.
Olek , Robert Thomas Officer John Ohl Charged with operating a motor
vehicle without the required
insurance, illegal use of another
vehicle' s license plate tabs, and
speeding.
Patterson, Karen Marie Officer Todd Johnson Charged with issuance of worthless
checks.
Phillips, Diedre Daniz Officer John Ohl Charged with operating motor vehicle
without required insurance and
failure to provide proof of . insurance
coverage within seven days.
Reimer , Jr. , Richard John Captain Richard Engstrom Charged with gross DWI.
Officer Jeffrey Scholl
Snyder , III , Chester Ray Officer, John Ohl Charged with operating motor vehicle
without required insurance, illegal
use of another vehicle's license plate
tabs, and defective exhaust system.
Summers , Terrance Michael Captain Richard Engstrom Charged with fifth degree assault.
Warren, Laurence Michael Officer Todd Johnson Charged with issuance of worthless
check.
APR 19-8 9.
.RIDE RESERVE TRAINING ';ONTH YTD
233 , ALONG PATROL MEETING - , EVENT - TOTAL TOTAL
P. DAVIS -24 21 0 0 45. 150
L. GIBSON 0 0 0 0 0 21
D. HAPONUK: 0 21 0 0 21' 79 ,
R.' HOPPERSTAD 0 . 27 0 0 27 99
D. LARSON 0 22 0 0 22 75
V. LEDDIGE 6 8 0 0 14 43
R. NEHRING 0 16 0 0 16 16
P. OLSON 0 0 0 0 0 0
-S . ROLLIE 0 14 24 0 38 125
A. TROMBLEY _ 0 16 24 10 50 1,38
MONTH TOTAL 30 145 48 10' 233'
YEAR . TOTAL 30 531 84 101 746
APR EVENTS HEALTH FAIR
APR TRAINING FIRST RESPONDER
SALES SUMMARY APRIL 1989
Store One Store Two
Combined On Sale Off Sale On Sale Off Sale
Sales - April '89 298,356.47 65,936.18 101,194.92 13,346.40 117,878.97
Sales - April 188 313,381.99 69,464.41 103,654.62 16,037.92 124,225.04
Increase $ 15,025.52* 3,528.23* 2,459.70* 2,691.52* 6,346.07*
Increase % 4.80%* 5.08%* 2.38%* 16.79%* 5.11%*
Sales - , 4 Mcs. '89 1,115,498.34 237,184.41 379,487.60 59,526.90 439,299.43
Sales - 4 Mos. '88 1,105,447.55 247,617.90 348,799.26 66,688.97 442,341.42
Increase $ 10,050.79 10,433.49* 30,688.34 7,162.07* 3,041.99*
Increase $ 0.91% 4.22%* 8.80% 10.74%* 0.69%*
* Decrease
STAFF MEETING NOTES
May 16, 1989
The meeting began at 9:45 A.M. Those present were: Larry Hamer,
Don Hickerson, Lee Entner, Connie Kroeplin, Ray Nelson, and Sue
VanderHeyden.
Larry Hamer
1. A resolution in support of a study on the water quality of
Silver Lake will be included in the Council's May 23rd agenda
packet.
2. Flowers and shrubbery are being planted by the Gardeners in
front of City Hall and the City sign and also on the center
medians on Kenzie Terrace.
3. Kathy Knapp of Community Services accompanied a Hennepin
County inspector as he checked the kitchen area of the
Community Center. Ms. Knapp will send a letter to the City
regarding the inspectors' findings.
4. Public Works is in the process of repairing and replacing the
sod which had been damaged during the winter.
5. The play equipment has been installed at the City parks.
Don Hickerson
1. The Police Reserves' April report will be on the Council's May
23rd agenda.
Ray Nelson
1. Mr. Nelson will be present at tonight's Planning Commission
in regard to the Stonehouse signage.
Lee Entner
1. Chief Entner discussed ways to improve parking at the fire
station.
Barb Arney arrived at 10:00 A.M. to facilitate a discussion with
those present about what attributes would be necessary and
desirable for the new City Manager to possess.
Sue VanderHeyden
1. Ms. VanderHeyden and Mr. Nelson discussed a new law before the
legislature which states that places where pull tabs are sold
• would need to wait five years before selling lotto tickets.
-2- •
This legislation should be considered before the final
remodeling plan for Apache Wells is approved.
2. Mr. Hamer responded to Ms. VanderHeyden's question regarding
what skills a summer engineering intern would need, by
indicating he would like to employ a college junior or senior
with drafting knowledge.
The meeting adjourned at 11:30 A.M.
:cjk
•
1 "WK.
ain thon
ilia ROVAL =
DATE : A P P ---
May 16, 1989 i?
TO : Mayor and Councilmembers
FROM :
Larry Hamer, Public Works Director
I TEM : LANDSCAPING AROUND THE ST. ANTHONY VILLAGE SIGN
The Gardener's Club has obtained a concept drawing for the proposed SAV
sign landscaping.
The Gardener's have requested the City to purchase the shrubs', trees,
etc. necessary at a cost of $998.02 . The Gardeners will assist the
Public Works Department in planting the shrubs.
LH:cjk
4
• QUOTATION Page 1
Pine Cone Nursery Inv. Ref.#: 1
9900 Foley Blvd. Invoice Date: 5/09/89
Coon Rapids MN
55433 Designer: Kevin Gilbertso
Telephone:784-5096
Bill To: City of St. Anthony Deliver To: City of St. Anthony
Customer #: 894702 Customer Ph. : Terms: Net 30 Days
--------------------------------------------------------------------------------
Item#/Sere# Description Qty Unit
--------------------------------------------------------------------------------
1 1360-11P LILAC KOREAN 1.00 EACH
2 1640-11P SPIREA GOLD FLAME 3.00 EACH
3 5720-2B HAWTHORN COCKSPUR 1.00 EACH
4 6120-11P JUNIPER ARCADIA 3.00 EACH
• 5 6170-11P JUNIPER BLUE CHIP 4.00 EACH
6 7700-4HB SPRUCE BLACK HILLS 2.00 EACH
7 ZP-55418 PLANT DEL MINNEAPOLIS 1.00 EACH
Materials 998.02
Sales Tax 0.-00
TOTAL
Pine Cone Nursery Inc. Purchase Agreement
I agree to follow all instructions .provided to me by Nursery regarding care of
new nursery stock. I agree to pay the purchase price on or before the time
specified in this order and agree that, if I do not pay by such time, the
delinquent amount will bear interest at the rate 18% per year..
The attached warranty is in lieu of any other express or implied warranty, and
of any other obligation on the part of the Nursery. Any obligation of Nursery
shall be limited to replacement and/or a refund of the purchase price, in no
event shall Nursery be liable for any other losses, including, but not limited
to, incidental or consequential damages.
This order shall constitute the entire agreement between the Nursery and myself
and no other agreement, statement or promise by any employee of the Nursery that
is not in writing and signed by Nursery shall be binding.
:.X' SALESPERSON: DATE•
I.
CV I
This Design is the Prooc'riy
PINE C"31ONE
►ti•:�"
It may not be Cop;Pd or
' in arty manner and� gin:=!!
S,ubinittid to Qtf}�'.Gr'
!1 l
L11C.4' for �n.�,±!�l�i:��l?1~ 'yVl� ';n�l� C'.ii:• .:r.
cl 7700
X70
?7oo
I
�l70
l
This f3esign is the Frooerty ,
C~'IN E C 0 N LE nF,_Y'RS'
it may not be l.opi{s(t or L({1,�;•i�r- �•::��
t: "• 'h for i�Ji }14i�hi1 Ltill.trt:`4$t c�::,i: i�c
I••:rt•'.� 1.•,!',f+: I`r..�t_r,t.••1�: • �jJV(VV , CJ ` �'�
aioffla thou
e
DATE : APPROVAL =
May 17 , 1989
TO : Mayor and Councilmembers
FROM :
Sue VanderHeyden, Acting City Manager
I TEM CITY OF ST. ANTHONY INSURANCE PACKAGE
It is necessary for the City Council to review and approve the St.
Anthony insurance policy on an annual basis.
The insurance specifications prepared by American Risk Services is
enclosed for your consideration.
In addition, the Notice of Premium Refund Option from the Employee
Benefit Administration is also enclosed for your consideration.
Mr. Mark Flaten of American Risk Services will be present to answer any
questions.
:cjk5.23.89
League of Minnesota Cities Insurance Trust
Group Self-Insured Workers' Compensation Plan
ADMINISTRATOR
EMPLOYEE BENEFIT ADMINISTRATION CO.
8441 Wayzata Blvd. Suite 200 Minneapolis. Minnesota 55426-1392 Phone (612) 544-0311
Notice of Premium Refund Option
At the end of each year (January 1) of the League of Minnesota Cities
Insurance Trust Self-Insured Workers ' Compensation Program a
distribution of excess surplus funds , if any, will be returned to
participants under a formula taking into account the earnings and
claims experience of the Trust , as well as the loss records of
individual participants. As an alternative, participating cities with
a discounted standard premium in excess of $50 ,000 may elect _to have
their distribution made to them in an amount determined by their
individual loss experience . The final net cost to an electing
participant will be as follows :
Discounted standard premium x '35% plus losses x 1 .10% equals minimum
final net cost . Maximum final net cost will not exceed standard
premium x 1 .20 .
Please return a signed copy of this notice to the administrator with
your application for coverage. If this election is made the final net
cost of your workers ' compensation insurance for the coming policy
year, based on estimated payroll , would be between a minimum of
$ 22,095 and a maximum of $ 83,077 depending upon your
losses . Adjustments will be made six months after the close of your
policy year and annually thereafter.
If this election is not made you will share in the regular
distribution of surplus funds.
Yes,, we wish to select the .Alternative Refund Option.
Policy Period:
Name of City , ,St. Anthony 6-1-89 to 6-1-90
By:
Title:
Date:
This election cannot be accepted unless received in the offices of
the plan administrator by the beginning of your policy period.
Self-Funded Insurance Specialists
EBA 450.(:10/87). ..
f
League of Minnesota Cities Insurance Trust '
Group Self-insured Workers'Compensation Plan
ADMINISTRATOR
EMPLOYEE BENEFIT ADMINISTRATION CO.
8441 Wayzata Blvd. Suite 200 P.O. Box 59143 Minneapolis, Minnesota 55459-0143 Phone(612)544-0311 •
Self-Insured Workers' Compensation Quotation
(RENE4IAL of A4reement No. 02--000468-3)
Name of City: CITY OF ST ANTHONY
Policy Period: From: 0 To �.,6/01/199-.
/01/1989
Estimated Annual Premium:
ESTIMATED DEPOSIT
CODE RATE PAYROLL PREMIUM
STREET CONSTRUCTION & MAINTENANCE 5506 8. 10 145000. 11745.
WATERWORK'S 7520 3.23 80000. 2584.
FIREFIGHTERS (NOT VOLUNTEER) 7706 9.41 210000. 19761.
POLICE ;7,2-0 4.54 420 )00. 19068.
OFF SALE LIQUOR STORE 5017 2.46 20"0000. 5412.
CITY SHOP & YARD 8227 3.88 25000. 070.
CLERICAL 8810 0.39 220000.
BUILDING MAINTENANCE & REPAIR 9015 9.95 5000. 499.
ON SALE LIQUOR STORE 91)79 3.70 18500 6845.
PARKS 9102 5.02 35000. 1757.
STREET CLEAN/SEWER CLEAN.'SNOW REMOVAL 9402 6.08 36000. 2169.
1UNICIPAL EMPLOYEES 5410 2.91 3000. 873.
SKATING RINK, OPERATION 9016 3.15 10000. 315.
Manual Premium 72875.
Experience Modification 0.95
Standard Premium 69231.
Premium Discount 6102.
Discounted Standard Premium 63129.
LMC Insurance Trust Discount 0" 0.
Net Deposit Premium 63129.
The foregoing quotation is for a deposit premium based on your
estimate of payroll . Your final actual premium will be computed after
an audit of payroll subsequent to the close of your policy year and
will be subject to revisions in rate or experience modification.
While you are a member of the LMCIT Workers' Compensation Plan, you
will be eligible to participate in distributions from the Trust based
upon cls'ims experience and earnings of the Trust. •
Employee Benefit Administration Co.
EBA 44.1 CG 111/871 ,
League of Minnesota Cities Insurance Trust
Group Self-Insured Workers' Compensation Plan
AnMINISTRATOR
EMPLOYEE BENEFIT ADMINISTRATION CO.
8441 Wayzata Blvd. Suite 200 P.O. Box 59143 Minneapolis, Minnesota 55459-0143 Phone(612)544-0311
Application for Coverage
(RENEWAL of Agreement No. 02-00046-2-3)
The City of ST ANTHONY Minn.
hereby requests coverage under the League of Minnesota Cities Self-Insured Workers'
Compensation Program for the period to
06,101/1969 0S;01!1990
and agrees to pay a deposit premium of$
b3, 129.0V
One copy of this application should be signed by an authorized representative of the city requesting
coverage and returned to the program administrator:
EMPLOYEE BENEFIT ADMINISTRATION CO.
8441 WAYZATA BLVD. SUITE 200
P.O. BOX 59143
MINNEAPOLIS, MINNESOTA 55459-0143
Phone(612)544-0311
Signature Title
Date
EBA 442 CG (11/87) •
CITY OF ST. ANTHONY
INSURANCE SPECIFICATIONS
March 22, 1989
i
Prepared By:
AMERICAN RISK SERVICES, INC.
Suite A418
3033 Campus Drive
Minneapolis, Minnesota 55441-2620
(612) 559-7300
City of St. Anthony
I. NARRATIVE DESCRIPTION OF CITY
CITY OF ST. ANTHONY
The City operates under the Statutory Operational Plan B form of government.
Operational Plan .B is known as the Council-Manager Plan. Under this plan, as
specified in the Statutes, " The 'Council shall exercise the legislative power
of the City and determine all matters of policy. The City Manager shall be
the head of the administrative branch of the City government and shall be
responsible to the Council for the proper administration of all affairs
relating to the City." The Council is composed of five members, including the
Mayor who is Chairman. The City Manager is appointed by the Council .
The following specifications provide underwriting information. In addition,
various insurance applications have been compl-eted and will provide additional
data. Any questions concerning the City's insurance requirements can be
directed to:
Mark T. Flaten, President
American Risk Services, Inc.
3033 Campus Drive
Suite A418
Minneapolis, Minnesota 55441-2620
Telephone: (612) 559-7300.
-1- March 22, 1989
City of St. Anthony
II . INSURANCE COVERAGES
The specifications which follow are intended to reflect the insurance
coverages required to protect the assets, earnings and legal liabilities of
the City of St. Anthony. Alternatives have been requested to determine the
appropriate levels of protection and/or risk retention. Proposer is
requested to comply with the specifications. Any areas of noncompliance
must be specifically mentioned in the proposal . Proposer is also encouraged
to recommend alternative options which they feel would be advantageous to
the City of St. Anthony. This could include additional forms of coverages,
different deductibles , limits, rating plans, etc.
Please attach specimen policies in the proposal document.
The Named Insured: The City of' St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
The named insured should include: "The City of St. Anthony as their interest
may appear and all elected or appointed officials, full time and part time
members of commissions and boards, joint ventures and all other employees of
each, and all other authorized persons or entities while acting within 'the
scope of their authority".
The cancellation provision should be extended to a minimum of 60 days or 90
days if possible prior notice, and include prior notice of any non renewal
or material change in policy provisions.
-2- March 22, 1989.
City of St. Anthony
A. Real and Personal Property
• Includes improvements and betterments, furniture and fixtures, machinery
and equipment, fences, retaining walls , outdoor signs and personal
property of others.
Real and Personal Property: $5,122,000 x 90% = $4,609,800
Blanket Limit of $4,609,800 based on 90% insurance values subject to an
agreed amount clause and replacement cost coverage.
(See Schedule of Property Attached. )
Perils included should be all risk of physical loss including theft and
water damage. A specimen policy indicating the exclusion should be
attached to the proposal . -
Deductible (combined): $10,000 each occurrence/$50,000 annual aggregate
Option: $ 1,000 each occurrence/$ 5,000 annual aggregate
$ 2,500 each occurrence/$10,000 annual aggregate
$ 5,000 each occurrence/$25,000 annual aggregate
i
a
•
-3- March 22, 1989
City of St. Anthony
COVERAGE AMOUNT OF INSURANCE
•
Property
Real Personal
Fire Department $ 350,000 $ 33,400.
Block Construction
2900 Kenzie Terrace
Maintenance Garage 183,000 37,000
Steel Pole Construction
3801 Chandler Drive
Warehouse 14,000 7,500
Steel Quonset
3801 Chandler Drive
Iron Remv. Filter 306,000 163,000
3357 Silver Lake Road
Water Reservoir 283,000 0
Concrete Construction
Rear-3357 Silver Lake Road
Water Tank & Tower 262,000 0
Steel Construction
33rd Ave. & Silver Lake Rd.
Pump House (2) - 35,000 7,000
Hollow Concrete Block
33rd Ave. & Silver Lake Rd.
Pump House (3) 35,000 7,000
Hollow Concrete Block
Rear-33rd Ave. & Silver Lake Rd.
Pump House (4) 35,000 7,000
Hollow Concrete Block
35th & Silver Lake Road
Pump House (5) 41,000 9,500
Hollow Concrete Block
Silver Lake Road
Recreation Building 41,000 10,000
Block/Frame Construction
2850 Highway #8
•
-4- March 22, 1989
City of St. Anthony
COVERAGE AMOUNT OF INSURANCE
•
Real Personal
Lift Station 0 $
Foss Road
Lift Station 0
Harding Street
Park Shelter Building $ 24,000 2,000
. Hollow Concrete Block
Shamrock & Macalaster
City Hall $1.,400,000 $ 75,600
Brick Construction
3301 Silver Lake Road
Park Pavilion 25,000 0
Hollow Concrete Block & Frame
N.W. End Central Park
Silver Lake Rd. & Skycroft Dr.
Liquor Store (On Sale,) 675,000 200,000
Brick Construction
2700 Highway #8
Liquor Store (Off Sale) 300,000 250,000
Brick Construction
2700 Highway #8
Apache Mall (On Sale) 0 100,000
39th & Silver Lake Road
Apache Mall (Off Sale) 0 200,000
2504 - 38th Ave. NE
Fence - Tennis Courts 4,000 0
Silver Lane/Silver Lake. Road
LINE TOTALS $4.,013;000 $1 ,109,000
GRAND. TOTAL $5,122,000
X.90
Blanket Insurance Limit $4,609,800
-5- March 22, 1989
City of St. Anthony
B. Business Interruption
(See Appendix 1 - BI Worksheets) •
Location 50% Gross Earnings
(Includes Or inary Payroll )
Stonehouse (On Sale) $ 237,500
2700 Highway 8
.St. Anthony, MN
Stonehouse (Off Sale) 77,500
2700 Highway 8
St. Anthony, MN
Apache Mall (On Sale) 56,500
39th and Silver Lake Road
St. Anthony, MN
(Off Sale) 74,000
2504 38th Ave. NE
St. Anthony, MN
City Hall
3301 Silver Lake Road
St. Anthony, MN 50,000
(Extra Expense Only)
BI - Blanket Amount of Insurance
@ 50% Basis: $ 445,500
Extra Expense: $ 50,000
There shall be no Coinsurance or Contribution Clause.
.Included in the Calculation: Ordinary Payroll
Perils include "All Risk of Physical Loss"
Deductible: $10,000 each occurrence/$50,000 annual aggregate
Option: Combined Business Interruption and Property Deductible
$ 1 ,000 each occurrence/$ 5,000 annual aggregate
$ 2,500 each occurrence/$10,000 annual aggregate
$ 5,000 each occurrence/$25,000 annual aggregate
•
-6- March 22, 1989
City of St. Anthony
C. Boiler and Machinery
1. All Locations of the Insured
2. Direct Damage
Broad Form Coverage; Repair or Replacement
Blanket Limit: $100,000
Option Limit: $250,000
3. Blanket Group Items
Comprehensive Coverage
Deductible: $250
Option: $500 and $1,000 Deductible
4. Endorsements
Include: Joint Loss Agreement
D. Equipment Floater
Amount of Insurance: $257,688
• See Attached Schedule of Equipment.
Valuation: 100% Actual Cash Value
Coinsurance: None
Perils shall be "All Risk of Physical Loss or Damage including Theft."
Deductible: $250 Each Occurrence
Option: $500; $1,000 Each Occurrence
-7- March 22, 1989
City of St. Anthony
CITY OF ST. ANTHONY
EQUIPMENT SCHEDULE
ITEM - CONTRACTOR'S EQUIPMENT FLOATER VALUE ($)
1969 John Deere Tractor 2,000
1977 Model 750 Ford Major Tractor w/Backhoe & Loader 18,700
Sewer Rodder Flexible, 1989 17,500
Borchert Ingersoll Air Compressor & Equipment 1,500
1981 One Ton Roller #SN 4617 3,500
Bucketing Machines (2) , Purchased 1962-64 1,000
Wheel Horse Tractor D20 w/mower and blower late 1970's 300
Wheel Horse Tractor 12 hpr. w/mower & blower 200
Olathe Chipper #330 S#5750000330, Purchased late 1970' s 3,000
Drill Machine, 1989 17,000
Civil Defense Siren, 1975 4,000
Articulated Front Loader Model 45B 1975 18,000
1976 Elgin Pelican Americana 21,000
Melroe M642 Bobcat, 1/86 14,348
Toro 3,000
1986 National Mower 3,000
1981 Gas Boy Pump (2) 2,000
1987 John Deere Grader Model 672B 99,500
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$229,548
-8- March 22, 1989
City of St. Anthony
CITY OF ST. ANTHONY .
EQUIPMENT SCHEDULE
MISCELLANEOUS EQUIPMENT VALUE ($)
Marquette 40-800 #496986 $ 8,000
Marquette 42-080 Infrared Exhaust Analyzer #498102A,
Purchased 1980-81 5,000
Clayton Dynamometer C150-537-R, 1980 used 5,200
Oxygen & Acetylene Tanks and Carts (2) 1,040
Campbell/Hausfeld Air Compressor #PF410823V 1,000
Purchased 2/77
Heavy Mechanic Chest & Roller Cabinet w/Tools,. 1963 or 1964 3,500
300 AMP TRL Mt. Welder, Airco, 1960's 1,500
Scotchlite Vacuum Applicator #3146 2,000
Equipment for Sewer Televising 8,500
1982 Metroech Pipe Locator #01356 2,500
Hach-D.R.E.L. Test Kits (2 at $1,200 each) 700
AIRCD AC 300 2A R -2-A N313623 500
Pentax SP F #4708219 - 50:1-4 #6954178 150
D&W Level Transit MOD. 8300 #166145 500
Homelite Pump DP3 (3) @ 500 1,500
Honda Generator 800
Sears Heavy Chest & Roll Cabinet W/70OLS 1987 4,500
MPK HYP Hammer HIXA 81500
• Sony Video Monitor CVM 115 300
NEC URC 1988 #67202239 600
Ques T.V. Camera 8,500
EXOTOX MOD. 50 Gas Monitor #1173906 $ 2,400
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$67,190
•
-9- March 22, 1989
City of St. Anthony
E. Crime
Limits: I. Employee Dishonesty $ 100,000 •
II. Loss Inside Premises 5,000
III. Loss Outside Premises 5,000
V. Depositor's Forgery 100,000
Deductible: Insuring Agreement I. and V. - $1,000
Insuring Agreement II, and III. - $100
Option: Deductible I & V $5,000
Deductible II & III $1,000; $5,000; and $10,000
See Attached Application.
Liquor Operations Crime Limits: (Money and Securities Inside/Outside
T T
ie City has elected to se f-insure above the basic limits
F. Comprehensive General Liability
1. Limits: Bodily Injury and Property Damage Liability
$600,000 Each Occurrence and $600,000 Annual
Aggregate '
2. Coverages: Comprehensive General Liability Form including
Premises and Operations, Independent Contractors,
Completed Operations/Products, Blanket Contractual ,
Employees as Additional Insureds, Incidental
Malpractice, Personal Injury; deleting exclusion
"C" - Employment Discrimination, Broad Form
Property Damage Liability, Non-owned Watercraft,
Advertising Liability, Fire Legal Liability.
Delete Fellow Employee Exclusion
Delete Contractual Exclusion.
Include insured sponsored athletic teams on an "if any" basis.
Include stop gap coverage for monopolistic states.
3. Deductible Options: $ 5,000 per occurrence/$25,000 aggregate
$10,000 per occurrence/$50,000 aggregate
4. Rating Data
See Appendix 2
•
-10- March 22, 1989
City of St. Anthony
G. Liquor Liability
1. Limits: $500,000 BI Each Person
$500,000 BI Each Common Cause
$500,000 PD Each Common Cause
$500,000 Loss of Means of Support
Option: $1,000,000 Each Person
$1,000,000 Each Common Cause
$1,000,000 Each Common Cause
$1,000,000 Loss of Means of Support
2. Locations On Sale Off Sale
2700 Highway #8 $700,000 $1,250,000
39th & Silver Lake Rd. $190,000 -0-
2504 - 38th Ave. NE $1,500,000
1
H. Automobile
1. All owned vehicles as per following list, non-owned and hired, on
an "if any" basis.
Limits: Bodily Injury and Property Damage Liability
$600,000 Each Person/$600,000 Each Occurrence
Combined Single Limit
Basic PIP
Uninsured and Underinsured Motorist Coverage: $600,000
Comprehensive Coverage: $250. Deductible
Collision Coverage: $250 Deductible
Employer's Non Ownership Liability
Hired Automobile Liability
2. Deductible: $10,000 per occurrence/$50,000 aggregate
Coordinate deductible to physical damage
(i .e. , if deductible is $10,000 then insure
vehicle greater than $10,000, etc.)
•
-11- March 22, 1989
City of St. Anthony
3. Optional Coverages ,
Delete Contractual Exclusion.
Delete Fellow Employee Exclusion.
Please itemize costs for optional coverages.
4. Vehicle Schedule: See Attached.
•
-12- March 22, 1989
• s •
SCHEDULE OF VEHICLES .
CITY OF ST. ANTHONY
Description Serial # Territory Cost New Comp Collision
1956 Ford Oil Dist. #3743 St. Anthony, MN $ 4,000
1968 Ford Van & #7960 St. Anthony, MN $ 2,000
Sewer Equipment
1951 Intl Boom truck #3319 St. Anthony, MN $ 400
1969 Chev Dumptruck #1318 St. Anthony, MN $ 5,500
1971 Dodge Aerial Bucket #7175 St. Anthony, MN $ 7,000
1964 Chev Fire #8239 St. Anthony, MN $ 3,000
Rescue Truck
1972 Ford Firetruck L900 #0699 St. Anthony, MN $70,000 X X
1973 GMC Dump Truck #1202 St. Anthony, MN $ 6,800
1976 Ford Firetruck L900 #8374 St. Anthony, MN $70,000 X X
1968 Chev Stake Truck #1973 St. Anthony, MN $ 6,000
1978 Chev Step -Van #E548 St. Anthony, MN $ 6,600
1978 Ford Mdl . C705 #6612 St. Anthony, MN $16,000 X X
1989 Truck and Boom St. Anthony, MN $40,000 X X
(57 foot Hy Ranger)
-13- March 22, 1989
1 '
SCHEDULE OF VEHICLES
CITY OF ST. ANTHONY
Description Serial # Territory Cost New Comp Collision
1978 Ford 3/4 T. PU #8068 St. Anthony, MN $ 4,700
1961 Willys Jeep #6017 St. Anthony, MN $
1980 Ford Fairmont #6392 St. Anthony, MN $ 6,000
1981 Chev Chevette #8523 St. Anthony, MN $ 5,000
1983 GMC 3/4 T. PU #2948 St. Anthony, MN $ 7,600
1983 Ford Crown Victoria #8947 St. Anthony, MN $ 8,265
1983 Ford C-700 #8091 St. Anthony, MN $14,614 X X
Dump Truck
1976 AMC Gremlin St. Anthony, MN $ 4,000
1984 Ford L800 #6845 St. Anthony, MN $23,861 X X
Mdl . CJ30
Dump Truck w/plow
1984 Ford Crown #7901 St. Anthony, MN $10,648 X X
Victoria
1974 Ford Van #3568 St. Anthony, MN $ 4,000
Liquor Van
1985 GMC Truck #2995 St. Anthony, MN $ 9,500 X
1985 Chev Fleetside #4398 St. Anthony, MN $ 6,766 X
1985 Ford Ls9000 #0593 St. Anthony, MN $124,800 X X
Pumpertruck
-14- March 22, 1989
SCHEDULE OF VEHICLES
CITY OF ST. ANTHONY
Description Serial # Territory Cost New Comp Collision
1987 Chev. Caprice #6163 St. Anthony, MN $11,900 X X
1985 Olds Cutlass Ciera #7680 St. Anthony, MN $ 7,800
1986 Chev. Celebrity #2147 St. Anthony, MN $11,050 X X
1986 Chev. Celebrity #2163 St. Anthony, MN $11,050 X X
1988 Chev. Caprice #1247 St. Anthony, MN $12,006 X X
1988 F800 Ford #0115 St. Anthony, MN $60,000 X X
33000 GVW
with Plow and Wing
-15- March 22, 1989
City of St. Anthony
I. Workers' Compensation •
1 . Cove rage: A. Statutory
B. Employers' Liability: $100,000
Bodily Injury by Disease:
$100,000 Each Employee
$500,000 Aggregate
2. Rating Data:
Classification Code Payroll
Firemen (Volunteer) 7708 (population) 8,300
Firemen (Not Volunteer) 7706 $210,000
Municipal Employees 9410 $ 30,000
Parks 9102 $ 35,000
Street or Road Construction 5506 $145,000
Clerical Office 8810 $220,000
Store Risk Retail 8017 $220,000
Restaurants and Bars 9079 $185,000 t
Waterworks 7520 $ 80,000
Policemen 7720 $420,000
Building Operations 9015 $ 5,000
Street Cleaning 9402 $ 36,000
Skating Rinks 9016 $ 10,000
City Shop 8227 $ 25,000
3. Include the following endorsements:
a. Broad Form All States Endorsement
b. Voluntary Compensation
c. Include Council and Planning Commission
4. Experience Modification is 1.21 effective 6/1/88-89.
5. Quote Retrospective Rated Plan and Guaranteed Cost Plan.
6. Indicate cash flow plan available.
•
-16- March 22, 1989
0
City of St. Anthony
J. Umbrella Liability
• The City Council has elected not to purchase Umbrella Liability coverage
via sovereign immunity statutes.
K. Public Officials Liability/Fire Companies Errors and Omissions
1 . Public Officials Limit: $ 600,000 Each Loss and Aggregate
Fire Companies Errors and Omissions Limit:
$500,000 Each Claim and $500,000 Annual Aggregate
2. Self-Insured Retention: $2,500 Each Loss - Entity
$2,500 Each. Loss - Public Official
3. Retroactive Date.: 6/1/87
i
•
-17- March 22, 1989
City of St. Anthony
III. INSURANCE COMPANIES AND EXPIRATION DATES •
Coverage Insurer Policy No Expiration
Date
Property LMCIT CMC 9336-9 6/01/89
Miscellaneous Floater LMCIT CMC 9336-9 6/01/89
Boiler & Machinery Royal PST 057223 6/01/89
Crime Western 58222239 Continuous
Surety
Comprehensive General LMCIT CMC 9336-9 6/01/89
Liability
Automobile LMCIT CMC 9336-9 6/01/89
Workers' Compensation LMCIT 6/01/89
Liquor Liability Transcontinental CCP 278 066 6/01/898
CCP 278 73 73
CCP 278 87 30 1
CCP 278 14 9
Public Officials LMCIT CMC 9336-9 6/01/89 •
•
-18- March 22, 1989
City of St. Anthony
• V. BROKER/INSURER SERVICES
The City of St. Anthony is concerned with controlling losses with a special
emphasis on Workers' Compensation related incidents but not limited thereto.
The proposal should include services available from the broker and insurer
to assist the City in controlling losses in the work place. This includes
accident prevention, as well -as activities that can minimize lost time
Workers' Compensation claims.
The City of St. Anthony requires prompt information on the status of injured
employees to facilitate early return to work. Please be specific in
describing loss control assistance available.
Loss experience reports should be provided on a monthly basis for Workers'
Compensation and a quarterly basis for other lines of coverage. These
reports should be received by the City within 30 days after the experience
period ends so that claims and reserves can be monitored and verified.
A summary of the services required -from the successful broker include the
following:
A. Experience reports generated monthly and received
within 30 days after the reporting period ends.
• B. Specific loss prevention services available from
the broker/insurer.
C. Broker' s assistance in handling Workers' Compensation
back related injuries and other high potential value
claims. Assistance in all other claims.
D. Quarterly review of outstanding claims and other
insurance related matters.
E. Annual meeting with Workers' Compensation Claims
Examiner to review specific claims prior to Unit Stat
Cards being sent to the Minnesota Workers' Compensation
Rating Organization.
so
-19- March 22, 1989
City of St. Anthony
VI. SPECIAL CONSIDERATIONS •
A. Premium Financing
All premiums should be payable monthly with no finance charge.
B. Safety Programs/Loss Prevention Services
Outline the merits of the brokers and/or insurance carrier programs and
how they can assist the City in reducing losses.
C. Premium/Rates Breakdown
Analysis will require a detailed listing of premiums and rates by major
lines of coverage. Options such as higher deductibles, limits and
special coverages must have separate premiums shown.
D. Request for inspections of facilities should be addressed to:
Mr. David Childs
City Manager
(612) 789-8881.
E. Proposals should be returned to:
Mr. Mark T. Flaten
President
American Risk Services
3033 Campus Drive, Suite A418,
Minneapolis, MN 55441 - 2620.
Proposals should be received by April 28, 1989.
SP1:1 •
-20- March 22, 1989
BUSINESS 'AZNT.iPRU_11CN WCR KSHL�.T
Date: 24-Mar-89
Company: St. Anthony (ON SALE)
Location: 2700 Highway 7 8
• City, State: St. Anthony, MN
Rebuild Time in Months: 6
12 Month Ending: 12/31/88 6/01/90
ALL ENTRIES TO BE ON AN' ANNUAL BASIS COLU14N 1 COLUMN 2
Actual Estimated
GROSS SALES of store: 724, 379 700, 000
1. Other Earnings: 38 , 214 35, 000
----------- -----------
. (A) Total Sales: 762 , 593 735, 000
ADJUSTMENTS TO GROSS SALES :
1. Discounts: 0 0
2 . Bad Debts: 0 0
3 . Sales Taxes: 0 0
4. Prepaid Freight: 0 0
----------- -----------
(B) Total Adjustments: 0 0
(C) TOTAL REVENUE .(A-B) : 762 , 593 735, 000
DEDUCTIONS (Noncontinuing Expenses) :
1. Cost of Goods Sold: 149,774 145, 000
2 . Supplies: 17, 947 20, 000
3 . Services purchased from outsiders: 71, 510 75, 000
4. Utilities: 19, 889 20, 000
(D) TOTAL DEDUCTIONS: 259, 120 260, 000
(E) BUSINESS INTERRUPTION BASIS (C-D) : 503 , 473 475, 000
INSURANCE WITHOUT PAYROLL ENDORSEMENT: 50% 251,737 237,500
----------- -----------
----------- -----------
DEDUCT:
1. Ordinary Payroll Expense: 115,754 120, 000
2 . Employee Overhead Costs (in percent)
a. Workers' - Compensation rate: 3 .93% 4 ,549 4,716
b. Employers' Social Security rate: 7 .51% 8, 693 9, 012
c. Unemployment Compensation rate: 1. 00% 1, 158 1, 200
d. Employee Benefits rate: 2 .25% 2, 604 2,700
----------- -----------
(F) TOTAL ORDINARY PAYROLL EXPENSE: 132, 758 137, 628
(G) BUSINESS INTERRUPTION BASIS (E-F) : 370,715 337, 372
(H) LIMITED .PAYROLL REQUIRED (in days) : 60 . 21, 823 22, 624
INSURANCE WITH LIMITED PAYROLL ENDORSEMENT (G+H) 392 ,538 359, 996
. AMOUNT OF INSURANCE WITH LIMITED PAYROLL: 80. 00% ----314,030 ----287,997
EUISNESS INTZE LRUPTION 'NOR�NSHE:_
Date: 24-Mar-89
Company: St. Anthony (OFF SALE)
Location: 2700 Highway n8 •
City, State: St. Anthony, MN
Rebuild Time in Months: 6
12 Month Ending: 12/31/88 6/01/90
ALL ENTRIES TO BE ON AN ANNUAL BASIS COLUMN 1 COLUMN 2
Actual Estimated
GROSS SALES of store: 1, 291, 893 1, 250, 000
1. Other Earnings: 38, 547 . 35, 000
----------- -----------
(A) Total Sales: 1, 330, 440 1, 285, 000
ADJUSTMENTS TO GROSS SALES:
1. Discounts: 8,978 10, 000
2 . Bad Debts: 0 0
3 . Sales Taxes: 0 0
4. Prepaid Freight: 0 0
----------- -----------
(B) Total Adjustments: 8,978 10, 000
(C) TOTAL REVENUE (A-B) : 1, 321, 462 1, 275, 000
DEDUCTIONS (Noncontinuing Expenses) :
1. Cost of Goods Sold: 1, 082, 863 1, 050, 000
2 . Supplies: 11, 695 12, 000
3 . Services purchased from outsiders: 38, 312 40, 000
4 . Utilities: 16, 756 18, 000
----------- -----------
(D) TOTAL DEDUCTIONS: 1, 149, 626 1, 120, 000
(E) BUSINESS INTERRUPTION BASIS (C-D) : 171, 836 155, 000
INSURANCE WITHOUT PAYROLL ENDORSEMENT: 50% .85,918 77, 500
----------- -----------
DEDUCT:
1. Ordinary Payroll Expense: 105,460 110, 000
2. Employee Overhead Costs (in percent)
a. Workers' Compensation rate: 2 . 33% 2,457 2, 563
b. Employers' Social Security rate: 7 .51% 7,920 8, 261
c. Unemployment Compensation rate: 1. 00% 1, 055 1, 100
d. Employee Benefits rate: 2 .25% 2, 373 2 , 475
----------- -----------
(F) TOTAL ORDINARY PAYROLL EXPENSE: .119, 265 124,399
(G) BUSINESS INTERRUPTION BASIS (E-F) : 52, 571 30, 601
(H) LIMITED PAYROLL REQUIRED (in days) : 60 19, 605 20,449
INSURANCE WITH LIMITED PAYROLL ENDORSEMENT (G+H) 72, 176 51, 050
AMOUNT OF INSURANCE WITH LIMITED PAYROLL: 80. 00% 57,741 40,844
----------- -----------
BUSINESS INTERRUPTION 6vCRXSH=-''
Date: 24-Mar-89
Company: St. Anthony (ON SALE)
Location: 39th & Silver Lk Rd.
• City, State: St. Anthony, MN
Rebuild Time in Months: 6
12 Month Ending: 12/31/88 6/01/90
ALL ENTRIES TO BE ON AN ANNUAL BASIS COLUMN 1 COLUMN 2
Actual Estimated
GROSS SALES of store: 195, 455 190, 000
1. Other Earnings: 3, 268 4, 000
----------- -----------
(A) Total Sales: 198, 723 194, 000
ADJUSTMENTS TO GROSS SALES:
1. Discounts: 0 0
2 . Bad Debts: 0 0
3 . Sales Taxes: 0 0
4 . Prepaid Freight: 0 0
----------- -----------
(B) Total Adjustments: 0 0
(C) TOTAL REVENUE (A-B) : 198 ,723 194, 000
DEDUCTIONS (Noncontinuing Expenses) :
1. Cost of Goods Sold: 41,.702 41, 000
2 . Supplies: 7, 840 8, 000
3 . Services purchased from outsiders: 22, 045 23, 500
4 . Utilities: 8, 159 8, 500
----------- ----------- _
(D) TOTAL DEDUCTIONS: 79,746 81, 000
(E) BUSINESS INTERRUPTION BASIS (C-D) : 118, 977 113 , 000
INSURANCE WITHOUT PAYROLL ENDORSEMENT: 50% . 59, 489 56, 500
----------- -----------
DEDUCT:
1. Ordinary Payroll Expense: 50, 042 52 , 000
2 . Employee Overhead Costs (in percent)
a. Workers' Compensation rate: 3 .93% 1, 967 2, 044
b. Employers' Social Security rate: 7 .51% 3,758 3 ,905
c. Unemployment Compensation rate: 1. 00% 500 520
d. Employee Benefits rate: r 2 . 25% 1, 126. 1, 170
----------- -----------
(F) TOTAL ORDINARY PAYROLL EXPENSE: 57, 393 5-9,639
(G) BUSINESS INTERRUPTION BASIS (E-F) : 61, 584 53, 361
(H) LIMITED PAYROLL REQUIRED (in days) : 60 9 , 434 9,804
INSURANCE WITH LIMITED PAYROLL ENDORSEMENT (G+H) 71, 018 63, 165
• AMOUNT OF INSURANCE WITH LIMITED PAYROLL: 80.00% -----56,815 -----50,532
=UISNESS iNTERRUPTICN hiORRSHEET
Date: 24-Mar-89
Company: St. Anthony (OFF SALE)
Location: 2504 38th Avenue NE •
City, State: St. Anthony, MN
Rebuild Time in Months: 6
12 Month Ending: 12/31/88 6/01/90
ALL ENTRIES TO BE ON AN ANNUAL BASIS COLUMN 1 COLUMN 2
Actual Estimated
GROSS SALES of store: 1, 558 ,938 1, 500, 000
1. Other Earnings: 6, 596 10, 000
----------- -----------
(A) Total Sales: 1, 565, 534 1, 510, 000
ADJUSTMENTS TO GROSS SALES:
1. Discounts: 10, 288 10, 000
2 . Bad Debts: 0 0
3 . Sales Taxes: 0 0
4. Prepaid Freight: 0 0
----------- -----------
(B) Total Adjustments: 10, 288 10, 000
(C) TOTAL REVENUE (A-B) : 1, 555, 246 1, 500, 000
DEDUCTIONS (Noncontinuing Expenses) :
1. Cost of Goods Sold: 1, 291, 888 1, 280, 000
2 . Supplies: 11, 215 12 , 000
3 . Services purchased from outsiders: 38, 482 40, 000•
4. Utilities: 18 , 538 20, 000
----------- -----------
(D) TOTAL DEDUCTIONS: 1, 360, 123 1, 352,000
(E) BUSINESS INTERRUPTION BASIS (C-D) : 195, 123 148, 000
INSURANCE WITHOUT PAYROLL ENDORSEMENT: 50% .97, 562 74, 000
----------- -----------
DEDUCT:
1. Ordinary Payroll Expense: 80, 439 84, 000
2. Employee Overhead Costs (in percent)
a. Workers' Compensation rate: 2 .33% 1, 874 1, 957
b. Employers' Social Security rate: 7.51% 6, 041 6, 308
c. Unemployment Compensation rate: 1. 00% 804 840
d. Employee Benefits rate: 2 .25% 1, 810 1,890
----------- -----------
(F) TOTAL ORDINARY PAYROLL EXPENSE: 90, 968 941996
(G) BUSINESS INTERRUPTION BASIS (E-F) : 104 , 155 53 , 004
(H) LIMITED PAYROLL REQUIRED (in days) : 60 14,954 15, 616
INSURANCE WITH LIMITED . PAYROLL ENDORSEMENT (G+H) 119, 108 68, 620
AMOUNT OF INSURANCE WITH LIMITED PAYROLL: 80. 00% 95, 287 54,89
----------- -----------
----------- -----------
LEAGUE OF MINNESOTA CITT_ES INSUR.CNICE TRUST
DO NOT LEAVE ANY SPACES BLANK.
IF NO EXPOSURE PLEASE INDICATE N/A OR NONE
G, NERAL LIABILITY - SEPARATELY RATED EXPOSURES
City of ST. ANTHONY Date 3/27/89
1 . Flow much work is sublet to others? N/A
2 . Golf course annual receipts : N/A
Number of golf carts: N/A
3 . Street mileage: 36
4 . Area -(square feet) of Exhibition Buildings, Recreation
Centers, Arenas, Auditoriums or Community Centers:
N/A
5 . Water Department payroll: S105,000
Total gallons of water used annually: 400,000,000
6 . Electric Department payroll: N/A
• 7 . Gas Department payroll: N/A
8 . Stea_*n Department payroll: N/A _
9 . Number of powered boats: N/A
Horsepower and usage of each: N/A
10 . Numnber of boats and canoes not powered: N/A
Explain how they are used: N/A
11 . Municipal licuor store receipts:
Store 1 Store 2 Store 3
On Sale $ 890,000
Off Sale $2,750,000
12 . Number of seasonal swimming pools: 2 Wading Pools
Height of diving boards: . -0-
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
GENERAL LIABILITY CONTINUED
1.3. Number of inside swimming pools: N/A
Height of diving boards: N/A
14. Number of swimming beaches: N/A
Height of diving boards: N/A
Number of docks and rafts: N/A
15. Is employee benefit coverage desired? Yes X No
If yes, please indicate number of employees: 70
2/89
LMCIT01
LEIGUE OF MINNESOTA CITIES INSURANCE TRUST
Administered by:
NORTH STAR RISK SERVICES, INC.
1401 West 76th Street, Suite 550
Minneapolis, "2 55423
612/861-8600
INSURANCE APPLICATION FOR THE- CITY OF: ST. -ANTHONY
County: Hennepin
Mailing Address : 3301 Silver Lake Road
City, State, Zip: St. Anthony, MN 55418
Phone: (612)789-8881
City Contact: David Childs Title: City Manager
1980 Census Population: 7,770 Current Estimated: 8,300
Total Expenditures All Operations: Actual - 1989 $1,918,000
Is the City a Member of The League of Minnesota Cities? Yes
Submitting Agency: Corporate Resources Telephone: ( 612)861-8639
Address : 1401 West 76th Street
Ci ty, State, Zip• Minneapolis, Minnesota 55423
Agency Contact: Sandra Sargent
CURRENT INFOR.LATION ON INSURLNCE YOU ARE APPLYING FOR:
CA_RRIER POLICY TYPE EXPIRATION DATE PREMIUMS
L14CIT CMC 9336-9 Pkg. 6/01/89 $ 49,427
LMCIT EBA Self-Ins. W.C. 6/01/89 $ 68,951
Ro_val PST-057223 Boiler 6/01/89 $ 270
IMPORTANT:: IF NEW BUSINESS, PLEASE ATTACH FIVE YEAR
LOSS INFORHATION 'AND AGENT OF RECORD LETTER
ON THE CITY'S LETTERHEAD.
• 2/88
LMCIT03
BID DUE DATE:' 4/28/89
LE"GUE OF MINNESOTA CITIES INSURANCE TRUST
CITY. OF ST. ANTHONY POPULATION 8300
EXPENDITURES •
LAST FIGURES PROJECTED FIGURES
REPORTED TO STATE FOR COMING YEAR
INDICATE YEAR 1987 1989
GOVERNMENTAL FUNDS:
GENERAL GOVERNMENT $ 419,136 $ 394,700
CAPITAL OUTLAY $ 14,023 $ 0
PUBLIC SAFETY $ 894,678 $ 949,700
CAPITAL OUTLAY $ 23,512 $ 12,850
STRE ETS AND HIGHWAYS $ 311,157 S 395,700
CAPITAL OUTLAY $ 93,363 $ 54,900
SANITATION (GARBAGE) $ -0- $ -0-
CAPITAL OUTLAY $ -0- $ -0-
CULTURE AND RECREATION $ 28,936 $ 54,000
CAPITAL OUTLAY $ 4,007 $ 2,700
OTHER (EXPLAIN) $ -0-
CAPITAL OUTLAY $ -0-
ENTERPRISE FUNDS:
WATER $ 349,638 $ 320,000
CAPITAL OUTLAY $ 3,173 $ 60,000
SEWER $ 399,627 $ 480,000
CAPITAL OUTLAY $ 3,172 $ 38,350
ELECTRIC N/A N/A
CAPITAL OUTLAY N/A N/A
OTHER (EXPLAIN) -0- -0-
CA'PITAL OUTLAY -0- -0-
WORK PERFORMED BY INDEPENDENT
CONTRACTORS WHO CARRY ADEQUATE
INSURANCE AND PROVIDE CITY WITH
CERTIFICATES OF INSURANCE. IF
INCLUDED UNDER CAPITAL OUTLAY,
EXPLAIN. -0- -0-
CAPITAL OUTLAY WHERE INDIVIDUAL •
ITEMS OR PROJECTS EXCEED 5A OF
TOTAL CITY BUDGET. -0- -0-
LEAGUE OF MINNESOTA CITIES INSURPNCE TRUST
• DO NOT LEA'v- ANY SPACES 3LANF
IF NO EXPOSURE PLE:.SE INDICATE N/A OR NONE
MUNICIPALITY QUESTIONNAIRE
City of ST. ANTHONY Date 3/27/89
1 . Does the city have- any of the following excluded
exposures?
Yes No If yes, indicate limits of
insurance carried:
Hospitals X
Nursing Homes X
Health Clinic X
Marina X
Ski Lifts or Tows X
Ski Jumps X
• Airport X
If the above facilities are operated by others, please
indicate and advise if the city is named as additional
insured on their policies.
N/A
2 . Does the insured operate a dump or landfill? No
What type of material is deposited there? N/A
Is area fenced to keep out the public when closed? N/A
Is area attended during open hobs? N/A
. 3 . Electric Utilitv - Complete separate questionnaire.
4 . Gas Utilitv - Complete separate questionnaire.
LEAGU= OF MINNESOTA CITIES INSURANCE TRUST
MUNICIP?T�ITY QUESTIONNAIRE CONTINUED •
5 . Dams or Dikes - (Failure or bursting is excluded. ) None
Age: N/A Inspected regularly.: Yes No
Height of dam above reservoir: N/A
Height of dam above the bottom of spillway: N/A
Width: N/A Is the darn fenced to keep the public off? N/A
6 . Describe any large construction projects anticipated for
this coming .year. None
7 . Parks and Playgrounds
A. Description (including area) of each park or
playground: 30 Total Acres
B. Description of playground equipment on each: •
Assorted - maintained by City Personnel
C . Description of other special features and sponsored
activities : (i.e. , ski, toboggan or tubing
facilities) . None
S . Housing or Redevelopment Authority or Port Authority -
Excluded. If coverage is desired, please submit full
details . None
9 . Does the city operate any aeration devices in the winter
to keep an area of local ponds, lakes . or rivers ice
free? None
If so, please give full details and precautions taken.
•
LEAGUE OF MINNESOTA CITIES INSUR.3LNCE TRUST
• MUNICIPALITY QUESTIONNAIRE CONTINUED
10 . Firemen
Payroll of paid firemen: $233,000
Number of volunteers: 23 Number of fire trucks: 4
Describe any fund raising activities or celebrations by
the firemen or relief associations: None
11 . EMT 's and Paramedics
Number of rescue trucks : None Number of ambulances: None
Number of emergency runs: N/A
Number- of convalescent runs:
Number of EMT' s: 7 Number of EMT-A' s:
Number of paramedics : None
• Is there radio contact with hospital doctors? N/A
Describe any EMT type losses: None
12 . Law Enforcement
Total police payroll: $430,000
Number of police vehicles: 4
Number of Class A (Full-time) 12 (Part-Time)
Number of Class B: Class C:
Number of Class D: Class .E:
Number of Class F:
A = Armed. with arrest power B = Unarmed, no arrest power
C = Non-officer employees D = Auxiliary police
E = Voluntary unarmed F = Voluntary armed
•
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
MUNICIP?T,ITY QUEST=ONNAIRE CONTINUED •
Describe any police type losses :
Describe any jail or detention facilities maintained:
None
Maximum holding period:
13 . Grandstands and Stadiums
A. Number and location of each: None
B . Seating capacity: N/A
C . Type of construction: N/A
D. Permanent or temporary: N/A
la . Festivals , Parades, Exhibitions or other special
.events by insured. Describe: None
15 . Fireworks ' Exhibitions - Excluded. Refer for
consideration. N/A
16 . wharf, Waterfront or Marinas - Describe: N/A
17 . Street or Road Construction or Maintenance
Annual expenditures: $300,000
How much work is sublet to others? All New Construction
Are certificates of insurance obtained indicating
adequate limits? Yes
Is any blasting done? No
•
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
• ML'NICIPAI,ITY QUESTIONNAIRE CONTINUED
18 . Please describe any contractual agreements municipality
has entered into such as :
A. Mutual aid: Fire (Columbia Heights, Fridley, Roseville,
New- Brighton
B . Police or fire protection: N/A
C . Other. Describe N/A
19 . Joint Powers Boards are not covered. However, they may
be considered for coverage by submitting full details in
a separate application. IMPORTANT! Coverage is not
bound or in effect until you receive written acceptance
from LMC IT. N/A
20 . . .Do you routinely get certificates of insurance from all
subcontractors? Yes
21 . Any other pertinent information not covered above: None
•
9/88
LMCIT02
I
a. sD :i C. I-S I.�SU?_�;c� IRUS=
?UBLIC OFFICIALS LIABILITY
C1T'_': ST. ANTHONY ?0?uLiTION 8300
Names and of=icial titles of the Members of the Board of the City: (City
Council)
NPl1E OFFICAL
Robert Sundland 11avor
George Marks Council Member
Clarence Renallo Council Member
Richard Enrooth Council Member
Judv Makowske Council Member
(If additional space required attach separate list)
Does City have in its employ any lawyers, architects, engineers or
accountants? (If is no, so state): If yes, list number of each
None
Does the authority of the City Council here listed cover the operation
and allocated budget of:
.an airport. yes .no X gas or electric utility yes_ no X •
hospital or clinic yes_ no X school board yes_ no X
If yes, please detail nature of such operation and the portion of
operating expenditures allocated to it
Estimated Operating E::penditures Estimated Surplus (+) or Deficit- (-)
Next 3 years: Next 3 years(dollar..amount required)
3% 1990 $ 3,047,000 $ 550,000
1991 $ 3,137,000 $ 550,000
1992 $ 3,231,000 $ .550,000
Total Operating E::penditures Surplus (+) or Deficit (-) Last 3
Last 3 years: years (dollar amount required)
19.88 $ 2,872,280 $ 550,000
1987 $ 2,788,622 $ 540,000
. 1986 $ 3,163,502 $ 590,361
Do any of the Public Officials proposed for this insurance have any
rnoxrledge .of any incident or prior claim during the past five years
(including any pending Federal, State or local actions against the
City and/or its officials), which could have involved coverage if this
proposed insurance had been in effect?
Yes No X If so, attach statement of details.
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
(HERUMAlTER GALLED SURETTI
APPLICATION-QUESTIONNAIRE FOR
A PUBLIC EMPLOYEES BLANKET BOND OR
A PUBLIC SCHOOL SYSTEM EMPLOYEES BLANKET BOND
App;italiy. .s herebe ..+de by CITY OF ST. ANTHONY
191 C01.9-0
(here•.cooed Cbl:gee) for the se and benelil of Citv of St. Anthony Various Officials
(E.KI^r.•.../I.....al
3301 Silver Lake-Road,-.Minneapolis, Minnesota 55418 .,,fe,,C1lledln,Iredl
of
Ill,) IC•t.r IStu.l
lo, co.e•a.;. uncle• the bonJ designated be:ow -:th respect to such of the following Inwrir.g Agreer.•enes opoctite -h:ch a. a..a1.r is
swcj. to beta-•e ellect..e ar to be cann.ued as of
►.blie E^s.le,..s 111..6.1 l..d C', F.bl;e Sel..wl S,I1•... E.-e:.!••■ Bl..:.r O..J ❑
I.I.....y Afire• ..r I H*.csry 814n6er 90nd Co..•age . . . . . S
In.-..y A�.ee•..r I MoneNy Blan:el Pa,.l.o. Bond Co-II-ge S
In w.'y Aye. ..t 7 iaahlu! Perfar...anee 81a 1kat Bond Ca-erage . . . . - $
f.. ...� •�... ..r t Fa.rhlul Perlo,-ance Blanket Paur.on 9ond Co.erage . . S 100,000
P•e-^i.- p..able: p...a:d ❑ I V,.. a 7 ,,1. ❑ ] "J.. O a .rs. .trdl....r. ❑ ] yn.. (3,t ,It.
1. (al Is rh. Inswed a wr al the go-e-r of the Slate ❑. county ❑. city ❑. law.❑.•ilt.go ❑ or arks poi:t.cal wbdl-";.. ❑.
and If la,r.stare-h.ch.
(bl if ih.t is for a Publ:e E�vloy.es 9lsnier Bend.is a School Sysle•. part of the (.cared?
(e) L.st alt wbord:n+te depart..e.ts. di.:s:ont. oll.ees or institutions which the Insured is authorised by law to manage. C.-ern at
con.ral.
2. G• a total I.-bc,of pe,wm c-ola..d b,, Insured.the Ins 75
]_
.11—,)-.e Inwred arran;e t_o ha.e I.- E.-pto.ees con alete personal acol:canons (tuaoGed b.. S..rerrl? YPR
A. Is Iher. l:4viy re be a "Ila.t.a( :nvease :n the • -be&o E rroioyees during the prrr.:u.. per.ed by reason of % awn.l acli-ly ar -
wher c••ev.r•uancas petu:ar
to 1.w_red's lured nl 11VV
S. A!I;,I__ I+I No- frcCVe•r7. -,de? Annually/Month On (bl Are all Ixal;-%;•cluded? Yes
• (cl•9, -1,0-? C?A: .Sratl.Audaor: -Liquor
others-:e.ala.n I.dl.l OutsidpCPA Stuart J. Bonniwell CPA
!.:r a,.j.t...dc? June. 1988 1.1 Period :a.-r.d Calendar 1987
(fl We•e am d:se•ea•s•c.es or loose praet.ces ca^^e•ted uoan? 11 w. sub-; a copy of aud:r ar aud:roi t ta^^cites. ,
6. Losses of a nature-h•e.-wld ha•e bee•+tv.<.ed b.•he bo•d aoo::ed let (p+st S .eanJ- et4 it .cite ❑
--.•Dare A.••ounr I Era:e.te'i 7aur:on Ca••eeti.e M......I Taken(Orh.e 7}...O.se`•r;el '
7. P.es_cnr ca-e•age •n !a•:e-C�eci .1 rone ❑
Fors�f Bond i E!tecr.•e Oate I A-. t N.rr.e of Ca^p+n.
Use seaarare sheet it nftnw".
B C.-elete th. ClatdG ur:a. el F-ele,e.s .. •—
9. If•adCa.onal .nde^^.. land.• +n. I,wu g AC.e.^en1 is des.•.d en any oos.r.e.•ca-olete the follow.'":
Inwri hlurnber Aneunr of
o.
Loea.. ( A rren..nr I of Er^oloyees I Addido. ^W
.l Inde iry
S Total n EKE Pa,.do.. e.Each-E-91o•te
r I I I ..
1 I I
Oared ar tlss day of 19
lQ•r[Ar p.w.gl
uim-2o62b
By (r.na
OSSIFICATION CF E.MPLu+TEES ZT DUTIES OR RESPONSIZILITIES
TI..% c!as.ilreanon v^d••Cass A. 8 and C. te;erhe•-:rh suoOfer+enral elassiV"lien •eciu:•ed in the ...nr :o-,rapt und.r tine b,--d
app::ed for is to be 3.•r+ under mwe man one Inwn..g Agreem...r, cornurrures tilt Inured', e.r:.. ••..•••.el as of the dare of .1 .o•
pl:eat.on•dueapnwa•re and •nelud,s —be-, of Boards and Cammnsiow. -bother er, not such ptnon•.ef e• mt •+e•.•be•t of such Board,
and Can• in.on, art to St co—ed under the bond. If cc-*rage is to bt given under mere than or•e Ir.,ur•••p Agr.tr+eM, sepa•ar•
Gasubearions of Emofo.ets riu.a be eon•pceted to each Insuring Agrttr.n.nr and in such t.••nt this elawliutien a0p::as to Inwn•n,
• Ag•ee+•.nt .�
C'_ASS A EMPLOYEES
All E•eeLti•e. Adm.+.arnti.r. Judicial and S.ap.nnsorr all:c.a:,,Deoarn-ent and D;-;.ion Heads and Asslua.r Oeoanr.•ent and D:.;.
sion Heads, all peace all•ccn• and all offietais and employees -has* principal duties are to.
1, handle• receipt for, or ha-e Cu,ttsdy of npney, checks o securities, or account to,suoolies or otl.tr proo.ny: authorize for make
aoo•vorutrent fors eapend.wre,; aooro•t. cen•ty, sign or Countersign checks,dram,adman,%.-euchen,olden o Omer oracumentt
pro.•d:ng lee the paying over o• deli-any Of rno..ey, Ww"1 es, supplies or other property, w wort proem. or
2, ma•nra•n a, aud:l accounts of wcney, checks, seeunt.es, I'm. retards• suppG.s o• other property, ee rake pl.ydca7 in.enror:es of
n.oney. cheeks, steurrtie,, supplies of Other property,
none•-.,....et.nut..o ..'A••1ro••.vw—1 eerw-r..r+r„t a...•..+..-•-Ca....0..but.r.ata..ic.o a•^C 1.-er.r•.•niwr t.r+'�ra•-.n'G.-...a.�
Mr•q.rr.l N.•+Oe.et a•u-eel ea
Iew•e+ Oc[uo..-• /.ww O<t.o.... Ie-t-.. Occwa••.
avo r
itv Manager _ I
Vice Mavor
Cashiers
Bookkeepers
Liquor Manager 5 _
—Asst City Mgr. 1•
Zi'7y Ller cT T.r,l Clara A -1-4r—
CLASS B EMPLOYEES
All person+cl -hose principal duties eans:sl of:
1. Inside ar outside :Icr.u1 aed.ities.
2. Office -0r1% such as stenography. 1vo;ng• filing. s-;Ichboa,d operation,business machine operation, etc.
7. Operation of .e%,.cles trar.taoni•.g passengers for cash fares or tickets.
04—01
P....... O<c o.+r. ►own.. o<auoa-. Ia....e+ o:<voa+r,
vplsts 1
Janitors - -S-
ecretary 2
T.tat Clan 6 6 - •
CLASS C EMPLOYEES
All personnel -$-cite pr•nC;o.1 duties Consist of:
1. Skilled or unskilled labor and ualtsmansh•0. A. Any reach•+g:apac:ry in rhc field of«'ucarren,
2. Soiely the mac.,,—cal operation of autornoNye eeu.pn•ent. S. Outside or field -ark of a r•on.elerieal natwe.
3. Non.cleneal aeti••ties of the -edictal or nursing prolesdent. d. Patrolmen wrier the ''Honesty' Ca•erag.s.
of
/o•••••. O<t uo+.n, ►e..r+.. occsoan•. I--- occu.•+rs
Po ice Fire 19
Pubiic or s 11
T.t.I C:... Cj�.
PERSCNNEL EXCLUOED
Certain Officers and SirhordiAatet are ud•ded auromaliully from caytrage by the terms of the desig—ned Blanket Bands:
1.-All Co•vage}-7rutwers and Tae Calleerars by -basest hilt kno-n.
2. F.41,10 Perfe•maae C.—I..^-•Personntl r,C.;red by la- to I.—;d. an :rd:..d.al bond to Oua-My for ollict.
3. H...sty Ce.eraye.—personnel required by !a-, to gi-e bond for faithful perfon..anee of their duties.
L:v h..ee.der the 0•u^•+[ .—.4d by s-<h oflie.n 0.4
Iwr•f.•el _-- Nv^Ow el Ny.tarr OI
►union occyor••r. Pori— o<—'s Ieuaw patio.+•.
7aa1
011ner Officers and S.Jwrd•+aces may be ,.eluded by IS. Sway by Ader. See Public Official Manual Ilu[t'•E•clus:o+of E-ofo,r**.
List h.r•r+do the Patine.. —.44 by such Officers a.1 S�L..J:+ate■
r...e..•I N.a.ea.e1 aar•ee•el
/eut.en fh:w...s ►.0 w 04cuo.•n I•-'4• tiuue..•.
T•..I
i
CITY OF ST. ANTHONY
ORDINANCE 1988-005
The City Council of the City of St. Anthony ordains:
Section 1. The City Zoning Map adopted by Section 300 of
the 1973 Code of Ordinances is amended as to the following
described lands located in Ramsey County:
Block 2 and Lots 1, 2 , and 3 of Block 4 ,
Mounds View Acres Second Addition
by changing the use district from R-1 , Single Family
Residence District, to R-3 , Townhouse Residence District.
Section 2 . This Ordinance shall be effective as of its
date of publication.
First Reading: May 24 , :1988
Second Reading: June 14, 1988
Adopted: May 23 , 1989
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on
•
. ain thou
H a e
DA= : APPROVAL. :.
MAY 19 1989
TO : HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS
FROM :
SUSAN L. VANDERHEYDEN, ACTING CITY MANAGER
2 TEM : EVERGREEN TOWNHOUSES REDEVELOPMENT AGREEMENT
Enclosed -is the ' Redevelopment Agreement as prepared by Evergreen
Development Corporation and our attorneys Bill Soth and Jerome Gilligan.
Mr. Soth will be present to answer your questions concerning the
Agreement.
:cjk5.23 .89
• 15938
REDEVELOPMENT AGREEMENT
REDEVELOPMENT PROJECT NO. 2
(EVERGREEN TOWNHOMES)
HOUSING -AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY, MINNESOTA
AND
EVERGREEN DEVELOPMENT CORPORATION
May 1989
TABLE OF CONTENTS •
Section 1. 1 Definitions
Section 2 : 1 By HRA
Section 2 .2 By Redeveloper
Section 3 . 1 Purchase
Section 3 . 2 Use
Section 3 . 3 Declaration of Restrictions
Section 3 .4 Indemnity Agreement
Section 4 . 1 Construction Plans
Section 4 . 2 Construction of Minimum Improvements
Section 4 .3 Commencement and Completion of
Soil Corrections
Section 4 . 4 Certificate of Completion •
Section 5 .1 Defense of Claims
Section 5 . 2 Insurance
Section 6 . 1 Issuance -of Note
Section 6 . 2 Taxes
Section 7 . 1 Mortgage Financing
Section 7.2 Limitation Upon Encumbrance
of Property
Section 7 . 3 Approval of Mortgage
Section 7 .4 Copy of Notice of Default
of Mortgagee
Section 7 . 5 Termination of Financing -Restrictions
• 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 8 . 5 Termination of Limitations on Transfer
Section 9 . 1 Events of Default
Section 9 . 2 Remedies on Default
Section 9 . 3 No Remedy Exclusive
Section 9 . 4 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
tSection 10 . 4 Titles of Articles and Sections
Section 10 . 5 Notices and Demands
Section 10 . 6 Counterparts
Schedule _A Redevelopment Property
Schedule B Minimum Improvements
Schedule C Time Table
Exhibit A Certificate of Completion
Exhibit B Covenants and Restrictions
Exhibit C Form of Indemnity Agreement
• REDEVELOPMENT CONTRACT
This Agreement is made as of May _, 1989 , by and
between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY,
MINNESOTA, a public body corporate and politic (the "HRA" ) , and
EVERGREEN DEVELOPMENT CORPORATION, a Minnesota corporation
("Redeveloper" ) .
WITNESSETH:
WHEREAS, the HRA was created pursuant to state law now
codified as Minnesota Statutes , Sections 469 . 001 through
469 . 047 (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; and
WHEREAS, in furtherance of the objectives of the Act,
the HRA has undertaken a program for the clearance and
redevelopment of blighted, vacant and unused areas of the City
and in this connection is engaged in carrying out a
redevelopment project as defined in Minnesota Statutes , Section
469 . 002, Subdivision 12 , known as Redevelopment Project No . 2
(the "Project" ) in the area in the City east of Fordham Drive,
south of Silver Lane and northwest of the Soo 'Line Railroad
right-of-way (the "Project Area" ) ; and
WHEREAS, as of the date of this Agreement there has
been prepared and approved by the HRA and the City Council
pursuant to the Act a redevelopment plan for the Project, dated
1989 (the "Redevelopment Plan") ; and
WHEREAS, on May _, 1989 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: correct unusual soil deficiencies , combine
irregularly-shaped properties to prevent poor planning and
development, assemble underdeveloped land for medium density
redevelopment; provide a redevelopment site of a character that
will encourage development of the area and improve sources of
public revenue; eliminate blighting influences which impede
potential development ; and provide maximum opportunity for
redevelopment by private enterprise consistent with the needs
of the City as a whole; and
WHEREAS, - in order to achieve the objectives of the
Redevelopment Plan, the HRA intends to provide aid and
• assistance 'to the Project through tax increment financing , as
described in Minnesota Statutes, Sections 469 . 174 through
469 . 179 to finance a portion of the cost of certain soil
correction in the Project Area ; 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.
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 1
Definitions
Section 1 . 1 . Definitions . In this Agreement , unless
a different meaning clearly appears from the context :
"Act" means Minnesota Statutes, Sections 469 . 001 through
469 . 047.
• "Agreement" means this Agreement, as the same may be from time
to time modified, amended or supplemented.
"Certificate of Completion" means a certification in the form
attached as Exhibit A, 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 .
"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; (S) elevations
on all sides ; (6) landscape plan; (7) grading plan; and (8)
utility plan.
"Event of Default" means as set forth in Section 9 . 01 hereof .
"Gross Tax Capacity" means the value of real property as
determined by the assessor for the City in accordance with
-2-
Minnesota Statutes , Section 273 . 13 against which the real
property tax is imposed .
"Indemnity Agreement" means the Indemnity Agreement from
Vernon S. Hoium and to the City in the
form set forth as Exhibit C hereto .
"Minimum Improvements" means the improvements described in
Schedule B attached to this Agreement .
"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 8 .
"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 5 and remaining after deducting all
expenses ( including fees and disbursements of counsel) incurred
in the collection of the proceeds .
"Note" means the Tax Increment Revenue Note of the HRA issued
pursuant to the Note Resolution.
"Note Resolution" means Resolution No . of the Board of •
Commissioners of the HRA adopted , 1989 , authorizing
the issuance and setting forth the terms of the Note.
"Project" means that portion of the redevelopment project in
the City known and referred to as the Evergreen Townhomes
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 Redevelopment Plan and the Act .
"Plans" means Redeveloper ' s plans dated 1988 for
redevelopment of the Redevelopment Property as submitted to the
City and the HRA, with any subsequent amendments approved by
the City and the HRA.
"Redevelopment Plan" means the Redevelopment Plan approved by
the City on 1989 , as amended.
"Redevelopment 'Property" means the property described on
Schedule A attached hereto .
"Restrictions" means the easements, covenants, conditions and
restrictions set forth in Exhibit B .
•
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"Section" means a Section of. this Agreement , unless used in
reference to Minnesota Statutes .
"Soil Corrections" means the soil corrections to be made to the
Redevelopment Property as represented in the site plan for the
construction of the Minimum Improvements as presented to the
City Council and performed in accordance with this Agreement.
"State" means the State of Minnesota.
"Tax Increment" means that portion of the real estate taxes
paid with respect to the Redevelopment Property which is
remitted to the HRA as tax increment pursuant to the Tax
Increment Act .
"Tax increment Act" means Minnesota Statutes, Sections 469 . 174
through 469.. 179 .
"Tax Increment District" means Tax Increment District No . 2
Ramsey County created by the HRA in connection with the Project .
"Tax Increment Financing Plan" means Tax Increment Financing
Plan for Tax Increment Financing District No. 2 Ramsey County
approved- by the HRA and the City Council and
dated 1989 .
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 1.0 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.
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ARTICLE 2 i
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) The Tax Increment District is a "tax increment
district" within the meaning of the Tax Increment Act and was
created, adopted and approved in accordance with the terms of
the Tax Increment Act .
(d) HRA proposes to financially assist Redeveloper in
the payment of a portion of the Redeveloper ' s costs for the
Soil Corrections by the issuance to the Redeveloper of the Note.
(e) HRA makes no representation or warranty that the
Redevelopment Property soils or other conditions are suitable
for the intended redevelopment after the Soil Corrections are
completed.
Section 2 . 2 . By Redeveloper . Redeveloper represents
and warrants that :
(a) Redeveloper is a corporation duly organized under
the laws of the State, has power to enter into this Agreement, -
and has duly authorized the execution, delivery and performance
of this Agreement . .
(b) Redeveloper will , subject to Unavaoidable Delays ,
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) It is anticipated that the Minimum Improvements
will be constructed so as to have an Gross Tax Capacity of at
least .$
(d) Redeveloper has received no notice or
communication from any local , state or federal official that
the activities of Redeveloper or HRA in the Project Area may be •
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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.
(e) The Soils Corrections are estimated to cost from
$ to $
(f) Redeveloper is ready, willing and able to acquire
the Redevelopment Property.
(g) Subject to Unavoidable Delays, Redeveloper will
complete the Minimum Improvements according to the Time Table .
(h) 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 3
• Acquisition and Use of Redevelopment Property Guaranty
Section 3 . 1 Purchase. Redeveloper agrees to purchase
the Redevelopment Property so as to perform its obligations
according to the Time Table and otherwise in accordance with
this Agreement.
Section 3 . 2 Use. Redeveloper ' s use of the
Redevelopment Property shall be subject to all of the
conditions, covenants , restrictions and limitations imbosed by
the Redevelopment Plan, this Agreement, the Restrictions and
all applicable laws, ordinances and regulations .
Section 3 . 3 Declaration of Restrictions . Redeveloper
shall prepare, execute, and record on the title to the
Redevelopment Property a Declaration of Covenants and
Restrictions, in form approved by the HRA, which includes the
Restrictions set forth on Exhibit B.
Section 3 . 4 Indemnity Agreement . Redeveloper shall
cause the Indemnity Agreement to be executed by Verson S . Hoium
and and delivered to the HRA
simultaneously with the execution and delivery of this
Agreement by the Redeveloper .
•
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ARTICLE 4
Construction of Minimum Improvements
Section 4 . 1 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 Plans, 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 Plans and subsequent
amendments approved by the HRA; conform to the terms and
conditions of this Agreement; (b) conform to the terms and
conditions of the Redevelopment Plan; (c) conform to all
applicable federal , state and local laws, ordinances , rules and
regulations; (d) are adequate to provide for construction of
the Minimum Improvements; (e) provide for the Soil Corrections;
(f) provide for minimum disturbance to neighboring properties
during the Soil Corrections and construction of the Minimum
Improvements; (g) do not provide for expenditures in excess of
the funds available to Redeveloper for the the Soil Corrections
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 30 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 . 2 Construction of Minimum Improvements .
Subject to Unavoidable Delays , Redeveloper will construct the
Minimum Improvements without encroachment onto any other
property all in accordance with the Plans , the Construction
Plans and the Time Table.
•
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Section 4 . 3 Commencement and Completion of Soil
Corrections .
.( a) As soon as reasonably possible after conveyance
to Redeveloper, and subject to Unavoidable Delays, Redeveloper
shall have the Soil Corrections completed. Redeveloper will
thereafter provide the HRA with a statement in form and detail
reasonably satisfactory to the HRA showing the costs of such
work.
(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
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 `1
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 at its
own expense shall replace any public facilities or utilities
damaged during the Soil Corrections or construction of the
Minimum Improvements .
Section 4 . 4 Certificate of Completion.
(a) Promptly after completion of any townhouse unit
included in 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
(except as to the Restricti,. ns which expressly survive the
filing of the Certificate of Completion) with respect to the
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obligations of Redeveloper to construct such unit . Any
Certificate of Completion furnished by the HRA 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
the Redeveloper provides the architect ' s certificate referenced
in Section 4 .4 (a) , 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 .
ARTICLE 5
Defense of Claims ; Insurance
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 , other than claims
or proceedings arising from any negligent or unlawful acts or
omissions of the HRA,. the City or their contractors , agents,
officers or employees, and from any loss , damages and expenses
( including attorney' s fees) that may be occasioned by any cause
whatsoever pertaining to the issuance, sale and delivery of the
Note and performance by the HRA of its obligations under the
Note Resolution .
Section 5 . 2 Insurance.
(a) Redeveloper will provide the following. insurance
at the time of conveyance of Redevelopment Property to
Redeveloper and will maintain such insurance at all times
during the process of constructing the Minimum 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 : •
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• ( i) Builder ' s risk insurance, written on the
so-called "Builder ' s Risk -- Completed Value Basis , "
in an amount equal to 100% of the replacement costs of
the Minimum Improvements at the date of completion,
naming the HRA as an additional insured, with coverage
on the so-called "all risk, " nonreporting form of
policy;
( ii) Comprehensive general public liability
insurance, including personal injury liability (with
employee exclusion deleted) and automobile insurance,
including owned, non-owned and hired automobiles ,
against liability for injuries to persons and/or
property with respect to the Redevelopment Property,
in the minimum amount for each occurrence and for each
year of $1 , 000 , 000 , endorsed to show the HRA and the
City as additional insureds;
( iii) Worker ' s compensation 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
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) The provisions herein with respect to insurance
of the Minimum Improvements shall terminate with respect to any
unit included in the Minimum Improvements at such time as the
Redeveloper has received a Certificate of Completion under
Section 4 . 4 of the Agreement with respect to such unit and such
unit is no longer owned by the Redeveloper .
ARTICLE 6
Issuance of Note and
Payment of Taxes
Section 6 . 1 Issuance of Note. Upon completion of the
Soil Corrections and delivery to the HRA of the statement
required under Section 4 .3(a) hereof as to the costs of the
Soil Corrections , the HRA will issue and deliver the Note to
the Redeveloper . The Note shall be issued in a principal
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amount equal to the lesser of ( i) $250 , 000 or ( ii ) the costs of
the Soil Correction as set forth in the statement delivered to
the HRA under Section 4 . 3(a) hereof . The Redeveloper
acknowledges that it has reviewed the form of the Note and Note
Resolution and approves the terms thereof . The Redeveloper
further acknowledges that the Note is 'a limited obligation of
the HRA, and shall not be payable from any funds of the HRA
other than the tax increment revenue derived from the Tax
Increment District specifically pledged to the payment thereof
under the Note Resolution.
Section 6 . 2 Taxes . 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
and prior to the date of sale of the Minimum Improvements , or
portions thereof, to purchasers .
ARTICLE 7
Mortgage Financing
Section 7 . 1 Mortgage Financing. Mortgage financing
for construction of the Minimum Improvements shall be in
accordance with this Article. 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
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 Property 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
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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 (e) determines , in its reasonable discretion,
that the terms of the Mortgage conform to the terms of this
Agreement .
Section 7 . 4 Copy of Notice of Default to Mortgagee.
Whenever the HRA shall. deliver any notice or demand to
Redeveloper with respect to any breach or default by
Redeveloper in its obligations or covenants under this
Agreement, the HRA shall at the same time forward a copy of
such notice or demand to the Mortgagee at the last address of
such Mortgagee shown in the records of the HRA.
Section 7 . 5 Termination of Financing Restrictions .
All restrictions on financing contained in this Article 7 shall
terminate with respect to the Minimum Improvements or any
individual townhouse unit included therein, at such time as a
Certificate of Completion has been issued by the HRA under
Section 4 . 4 of this Agreement with respect to all of the
Minimum Improvements or the particular unit in question.
ARTICLE 8
• 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 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
Guarantor or the shareholders of Redeveloper , (a) there shall
be no transfer of any interest of a shareholder in Redeveloper,
(b) nor shall any officer or shareholder 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 Guarantor cease to be a
controlling shareholder of Redeveloper .
•
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Section 8 .3 Transfer of Property and Assignment .
Except for reservations or purchase agreements for individual
townhouse units , Redeveloper has not made and will not make, or
suffer to be made, any total or partial sale, assignment ,
conveyance, lease, or other transfer, with respect to this
Agreement or the Redevelopment Property or any part thereof or
any interest therein, or any contract or agreement to do any of
the same, without the prior written approval of the HRA, 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
change. There shall be submitted to the HRA for review all
legal documents relating to the transfer .
In the absence of specific written agreement by the
HRA to the contrary, no such transfer or approval by the HRA
thereof shall be deemed to relieve Redeveloper , 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 an officer of the Redeveloper ,
setting forth all of the owners of Redeveloper and the extent
of their respective holdings .
Section 8 . 5 Termination of Limitations on Transfer .
All provisions contained in this Article 8 with respect to
limitations on the ability of the Redeveloper to transfer the •
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• Redevelopment Property or Minimum Improvements, or any portion
thereof shall terminate with respect to the Minimum
Improvements or individual townhouse units at such time as a
Certificate of Completion has been issued by the HRA under
Section 4 . 4 of this Agreement with respect to all of the
Minimum Improvement or the particular unit in question. All
provisions contained in this Article 8 with respect to
limitations on the Redeveloper making changes in its ownership
structure shall terminate at such time as a Certificate of
Completion has been issued pursuant to Section 4 . 4 with respect
to all Minimum Improvements .
ARTICLE 9
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 which occu-- - prior to the issuance of the
Certificate of Completion by the HRA under Section 4 . 4 of this
Agreement with respect to all of the Minimum Improvements and
continues for more than 30 days after notice by the HRA to
Redeveloper of such default (and the term "default" shall mean
any event which would with the passage of time or giving of
notice, or both, . be an "Event of Default" hereunder) :
(a) Failure of Redeveloper to construct or
reconstruct the Minimum Improvements as required hereunder .
(b) Failure of Redeveloper to furnish the
Construction Plans as required hereunder .
(c) Failure of Redeveloper to pay real estate taxes
as required hereunder .
(d) Failure of Redeveloper to observe and perform any
other covenant, condition, obligation or agreement on its part
to be observed or performed hereunder .
(e) If Redeveloper 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.
(f) If Redeveloper shall file a petition or answer
seeking reorganization or arrangement under the federal
• bankruptcy laws .
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(g) If Redeveloper , 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, 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 .
(h) If Redeveloper is in default under any Mortgage
and fails to cure any such default within the time period
provided for in the Mortgage .
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) Withhold the Certificate of Completion.
(d) Withhold the issuance of the Note.
(e) Take whatever -action at law or in equity may
appear necessary or desirable to the HRA to enforce performance
and observance of any obligation, agreement , or covenant of the
Redeveloper under this Agreement .
Section 9 .3 . 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 .
•
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• Section 9 . 4 . Waivers . All waivers by the HRA, shall
be in writing. If any provision of this Agreement is breached
by either party and thereafter waived 'by the other party., such
waiver shall be limited to the particular breach so waived and
shall not be deemed to waive any other concurrent , previous or
subsequent breach hereunder .
ARTICLE 10
Additional Provisions
Section 10 . 1 Conflict of Interests ; HRA
Representatives Not Individually Liable . No member , official,
employee, or consultant or employees of the consultants of the
HRA shall have any personal interest , direct or indirect , in
this Agreement, nor shall any such member, official , consultant
or the consultant ' s employees or employee participate in any
decision relating to this Agreement which affects his or her
personal interests or the interests of any corporation,
partnership, or association in which he or she is directly or
indirectly interested. No member, official, consultant or the
consultant ' s employees , or employee of the HRA shall be
personally 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 Op ortunity.
Redeveloper, for itself and its successors and assigns, agrees
that during the construction of the Minimum Improvements it
will comply with any applicable affirmative action and
non-discrimination laws or regulations .
Section 10 . 3 Restrictions on Use. Redeveloper agrees.
for itself , and its successors and assigns, and every successor
in interest to the Redevelopment Property, or any part thereof,
that Redeveloper, and such successors and assigns , shall devote
the Redevelopment Property to, and only to and in accordance
with, the uses specified in the Redevelopment Plan and this
Agreement, and shall not discriminate upon the basis of race,
color , creed, sex or national origin in the sale, lease, or
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 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 .
•
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Section 10 . 5 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 1920 Dain Tower,
Minneapolis, Minnesota 55402, Attention: Vernon S . Hoium.
(b) in the case of the HRA, addressed or delivered
personally to the HRH' 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 . 6 . Counterparts . This Agreement is
executed in any number of counterparts , each of which shall
constitute one and the same instrument .
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
•
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• STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this day of 1989 , by
Chairman and Secretary of the Housing
and Redevelopment Authority of St . Anthony, Minnesota.
Notary Public
EVERGREEN DEVELOPMENT CORPORATION
By
Vernon S . Hoium
Its President
• STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this day of , 1989 , by Vernon S . Hoium, the
President of Evergreen Development Corporation, a Minnesota
corporation, an behalf of the corporation.
Notary Public
DRAFTED BY:
Dorsey & Whitney (WRS)
2200 First Bank Place East
Minneapolis, Minnesota 55402
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1594g .
SCHEDULE A
REDEVELOPMENT PROPERTY
•
SCHEDULE B
MINIMUM IMPROVEMENTS
}
SCHEDULE C .
The following events shall take place, subject to Unavoidable
Delays (as defined in this Agreement) by the date -specified.
TIME TABLE
Redevelopment
Contract
Section Task Date
7 . 3 HRA approval or disapproval of
Mortgage .
5 . 2 Redeveloper provides proof of
insurance.
3 . 1 Conveyance to Redeveloper .
a . Restrictions
_ _4 . 1 Const-ruction Plans submitted to HRA
and City.
a . HRA disapproval (30 days)
b. Redeveloper re-submits Plans •
(30 days)
4 . 2 Construction begins .
4 . 3 Soil Corrections Completed.
4 . 3 Construction of Minimum Improvements
completed.
t . 4 HRA issues or refuses to issue
Certificate of `Completion.
• EXHIBIT A
CERTIFICATE OF COMPLETION
WHEREAS, Evergreen Development Corporation, a
Minnesota corporation ( "Owner" ) i.s the owner of the property in
the County of Hennepin and State of Minnesota described on
Exhibit 1 attached hereto and made a part hereof ("Property" ) ;
and
WHEREAS, the Property is subject to the provisions of
a certain Redevelopment Agreement (the "Agreement") dated
,1989 by and between Owner and the Housing and
Redevelopment Authority of St . Anthony, Minnesota (the "HRA" ) ;
and
WHEREAS, Owner has fully and duly performed all of the
covenants and conditions of Owner under the Agreement;
NOW, THEREFORE, it is hereby certified that all
requirements of Owner under the Agreement with respect to the
Property have been completed and duly and fully performed, and
this instrument is to be conclusive evidence of the
• satisfactory termination of the covenants and conditions of the
Agreement as they relate to the 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
•
1
h
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
•
EXHIBIT B i
COVENANTS AND RESTRICTIONS
1 . The property described in the Agreement ( "Property" ) shall
be used only for the construction, use and occupancy of the
Minimum Improvements defined in the Agreement .
2 . All buildings on the Property shall be located on the
Property as specified in the Plan. The exterior surfaces
of any building on the Property shall be finished with only
those materials as permitted under the Plan.
3 . All drainage shall be provided according to the Plan .
4 . All garages , storage buildings or maintenance buildings
( "Accessory Buildings" ) shall be attached to the principal
structure within a closed passageway between the Accessory
Building and the principal structure-. All Accessory
Buildings shall be made of the same material as the
principal structure .
5 . Any recreational areas specified in the Plan shall be
maintained in a good, safe and clean condition.
6 . All parking lot areas , pedestrian walkways , and buildings •
shall be illuminated only as provided in the Plan.
7 . Parking lots and open areas shall be landscaped in
accordance with the Plan, and such landscaping and any
screening required under the Plan shall be maintained in a
good, safe and attractive condition.
8 . Except for temporary for sale 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
Plan.
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.
EXHIBIT C
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT, made and entered into as of
the day of May, 1989 , between VERNON S. HOIUM, whose
address is
and whose address is
(collectively, the
"Indemnitors" ) and the HOUSING AND REDEVELOPMENT AUTHORITY OF
ST. ANTYONY, MINNESOTA, a public body corporate and politic,
whose address is 3301 Silver Lake Road, St . Anthony, Minnesota
55418, Attention: Executive Director (the "HRA" ) .
WITNESSETH THAT:
WHEREAS, the HRA and Evergreen Development
Corporation, a Minnesota corporation (the "Redeveloper" ) , have
entered into a Redevelopment Agreement , dated as of May ,
1989 (the "Redevelopment Agreement" ) , pursuant to which the
Redeveloper has agreed to construct certain Minimum .
Improvements , as defined in the Redevelopment Agreement, and
the HRA has agreed to issue its Note, as defined in the
Redevelopment Agreement , to the Redeveloper upon completion of
the Soil Corrections , as defined in the Redevelopment Agreement;
• WHEREAS, in order to induce the HRA to issue the Note
and to enter into the Redevelopment Agreement, Redeveloper has
agreed to obtain, and Indemnitors have agreed to give, this
Indemnity Agreement; and
WHEREAS, the Indemnitors own 100% of the outstanding
stock of the Corporation and the HRA has refused to issue the
Note and enter into the Redevelopment Agreement unless this
Indemnity Agreement is executed by the Indemnitors and
delivered to the HRA; and
WHEREAS, the Indemnitors finds it advantageous and
desirable to comply with the condition precedent that the
Indemnitors execute and deliver the Indemnity Agreement .
NOW, THEREFORE, in consideration of the premises , of
the HRA issuing the Note and entering into the Redevelopment
Agreement and of other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by
Indemnitors, the Indemnitors hereby, jointly and severally,
covenant and agree with Lender as follows :
1 . • Indemnitors, for the HRA, their heirs, executors ,
administrators, personal representatives and assigns , hereby
agree to indemnify and hold harmless the HRA and the City of
St . Anthony, Minnesota (the "City" ) and their respective
officers , employees and agents for any loss, damages, and
expenses ( including attorneys ' fees) in connection with any
claim 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 the Redevelopment Agreement , other
than claims .or proceedings arising from any negligent or
unlawful acts or omissions of the HRA, the City or their
contractors, agents, officers or employees , and from any loss,
damages and expenses ( including attorneys ' fees) that may be
occasioned by any cause whatsoever pertaining to the issuance,
sale and delivery of the Note and performance by the HRA of its
obligations under the Note Resolution, as defined in the
Redevelopment Agreement .
2 . Indemnitors hereby waive any and all legal
requirements that HRA, or its successors or assigns , must
institute any action or proceeding at law or in equity or
exhaust their rights, remedies and recourses against the
Redeveloper or anyone else with respect to the Redevelopment
Agreement, as a condition precedent to bringing an action
against Indemnitors upon this Indemnity Agreement . Indemnitors
agree that HRA may simultaneously maintain an action upon this
Indemnity Agreement and an action or proceeding upon the •
Redevelopment Agreement . All remedies afforded to HRA and its
successors or assigns, by reason of this Indemnity Agreement,
are separate and cumulative remedies, and no' one of such
remedies, whether exercised by HRA or its successors or
assigns, or not, shall be deemed an exclusion of any of the
other remedies available to HRA or its successors or assigns,
at law, in equity, by statute, under the Redevelopment
Agreement , hereunder or otherwise, and shall in no way limit or
prejudice any such other remedies which HRA or its successors
or assigns may have. Indemnitors further waive any requirement
that HRA demand or seek indemnity by the Redeveloper under the
Redevelopment Agreement as a condition precedent to bringing
any action against Indemnitors upon this Indemnity Agreement.
. 3 . Any notice, demand or request by HRA, or its
successors or assigns, to Indemnitors shall be in writing and
shall be deemed to have been duly given or made if mailed by
registered or certified mail , return receipt requested, to
Indemnitors at their addresses set forth in the caption hereof,
or at such other address as Indemnitors may notify HRA of, in
writing, by registered or certified mail, return receipt
requested, at the address for each set forth in the caption
hereof, -or at such other address of which each such party shall
have so notified Indemnitors . Notice so mailed shall be deemed
given and made upon deposit in the United States mail .
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i4 . This Indemnity Agreement, for all purposes , shall
be interpreted and construed in accordance with the laws of the
State of Minnesota, in which state it is to be performed. The
unenforceability or invalidity of any provision or provisions
of this Indemnity Agreement as to any persons or circumstance
shall not render that provision nor any other provision or
provisions herein contained unenforceable or invalid as to any
other persons or circumstance, and all provisions hereof, in
all other respects, shall remain valid and enforceable.
5 . This instrument shall inure to the benefit of HRA
and its successors and assigns, and shall bind Indemnitors and
Indemnitors ' heirs, executors, administrators, personal
representatives and assigns . The obligations of each
Indemnitor under this Indemnity Agreement shall be enforceable
in all events against such Indemnitor , his or her successors
and assigns, and each of them, and shall be enforceable, in the
event of the death of either Indemnitor , as a claim against his
or her estate or otherwise against the representatives of his
or her estate, his or her heirs-at-law, the devisees and
beneficiaries of his or her total estate and -each of them.
IN WITNESS WHEREOF, Indemnitors have duly executed
this Indemnity Agreement as of the day and year first above
written.
•
VERNON S. HOIUM
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STATE OF •
COUNTY OF )
On the day of , 1989 , personally
appeared before me VERNON S . HOIUM and to me personally known,
who acknowledged to me that he executed the foregoing document .
IN WITNESS WHEREOF I have hereunto set my hand and
official seal this Say of 1989 .
Notary Public
(Notarial Seal) for the State of
My Commission expires :
STATE- OF )
COUNTY OF )
On the day of 1989 , personally •
appeared before me and to me personally known,
who acknowledged to me that he executed the foregoing document .
IN WITNESS WHEREOF I have hereunto set my hand and
official seal this day of 1989 .
Notary Public
(Notarial Seal) for the State of
My Commis-sion expires :
•
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• CERTIFICATION OF MINUTES RELATING TO
$250, 000 TAX INCREMENT REVENUE NOTE
(EVERGREEN TOWNHOMES) , SERIES 1989
Issuer: Housing and Redevelopment Authority of
St . Anthony, Minnesota
Governing Body: Board of Commissioners
Kind, date, time and place of meeting : A meeting held
on It 1989 , at o 'clock P.M. , at the City Hall .
Members present :
Members absent :
Documents Attached:
Minutes of said meeting (pages) : 1 through
H.R.A.RESOLUTION NO. 1989-002
RESOLUTION RELATING TO $250,000 TAX INCREMENT
NOTE (EVERGREEN TOWNHOMES) , SERIES 1989 ; AWARDING
• THE SALE, FIXING THE FORM AND DETAILS, PROVIDING
FOR THE EXECUTION AND DELIVERY THEREOF AND THE
SECURITY THEREFOR
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
bonds referred to in the title of this certificate, certifying
that the documents attached hereto, as described above, have
been carefully compared with the original records of said
corporation in my legal custody, from which they have been
transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
said corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at said meeting, so far as they
relate to said bonds; and that said meeting was duly held by
the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this day of May, 1989 .
• Acting Executive Director
(Seal)
e
• Boardmember introduced the
following resolution and moved its adoption:
H.R.A. RESOLUTION NO. 1989-002
RESOLUTION RELATING TO $250, 000 TAX INCREMENT
REVENUE NOTE. (EVERGREEN TOWNHOMES) , SERIES 1989 ;
AWARDING THE SALE, FIXING THE FORM AND DETAILS,
PROVIDING FOR THE EXECUTION THEREOF AND THE
SECURITY THEREFOR
BE IT RESOLVED by the Board of Commissioners (the
"Board" ) of- the Housing and Redevelopment Authority of
St . Anthony, Minnesota (the "HRA") , as follows :
Section 1 . Recitals ; Authorization and Sale of Bonds .
1 . 01 . Redevelopment Plan and Redevelopment Project .
This Board and the City Council of the City of St . Anthony,
Minnesota (the "City" ) have previously approved a redevelopment
plan and redevelopment project of the HRA under Minnesota
Statutes, Sections 469 . 001 to 469 . 047, and a tax increment
financing plan of the HRA, under Minnesota Statutes, Section
469 . 174 to 469 . 179 , designated as Redevelopment Plan for
Redevelopment Project 'No. 2 (the "Redevelopment Plan" ) ,
Redevelopment Project No. 2 (the "Redevelopment Project") and
Tax Increment Financing Plan for Tax Increment Financing
District No. 2 Ramsey County (the "Tax Increment Financing
Plan" ) . -The Tax Increment Financing Plan established Tax
Increment Financing District No. 2 Ramsey County (the
"District") .
1. 02 . Expenditure of Tax Increment Revenue. The
Redevelopment Project constitutes a "project" and the District
constitutes a tax increment financing district" within the
meaning of Minnesota Statutes , Sections 469 . 174 to 469 . 179 , and
thus the HRA has authority under said Sections 469 . 174 to
469 . 179 to expend ad valorem tax increments derived from the
District to pay costs incurred or to be incurred by the City
and the HRA in aid of the Redevelopment Project , or to pay the
principal of and interest on bonds, notes or other obligations
of the HRA or City issued to finance such costs , in accordance
with the Redevelopment Plan.
1 . 03 . Computation of Tax Increment . The County
Auditor of Ramsey County upon application of the HRA has or
will certify to the HRA, the Gross Tax Capacity of all taxable
property in the District (the "Original Gross Tax Capacity" ) ,
r �
and is to certify to the HRA in each year the then current •
Gross Tax Capacity of all taxable property in the District (the
"Current Gross Tax Capacity" ) . The Current Gross Tax Capacity,
less the Original Gross Tax Capacity, is the Captured Gross Tax
Capacity. The ad valorem taxes derived from the property in
the District in each year, by application of the aggregate tax
capacity levied by all governmental entities having authority
to levy taxes on such property to the Captured Gross Tax
Capacity, is the Tax Increment to be derived from the District
(the "Tax Increment" ) .
1 . 09 . Redevelopment Agreement . The HRA has approved
a Redevelopment Agreement (the "Redevelopment Agreement" ) ,
between the HRA and Evergreen Development Corporation, a
Minnesota corporation ("Evergreen Development" ) . Under the
Redevelopment Agreement, Evergreen Development agrees to
redevelop the Redevelopment Project area and to make Soil
Corrections , as defined in the Redevelopment Agreement, to the
property included in the Redevelopment Project area . The
Redevelopment Agreement p.r_ovides that upon the completion of -
-the Soil Corrections by the Redeveloper the HRA will issue to
the Redeveloper its Tax Increment Revenue Note (Evergreen
Townhomes) , Series 1989 (the "Note" ) in a principal amount
equal to the lesser of (i) $250, 000, or (ii) the cost of the
Soil Corrections .
1 . 05 . Performance of Requirements . A11 acts,
conditions and things which are required by the Constitution
and laws of the State of Minnesota to be done, to exist, to
happen and to be performed precedent to and in the valid
issuance of the Note having been done, existing, having
happened and having been performed, it is now necessary for
this Board to establish the form and terms of the Note, to
provide security therefor and to issue the Note as provided
herein.
Section 2 . Form of Note.
2 . 01 . Note. The Note shall be issued in
substantially the following form:
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1 .
• and is to certify to the HRA in each year the then current
Gross Tax Capacity of all taxable property in the District (the
"Current Gross Tax Capacity" ) . The Current Gross Tax Capacity,
less the Original Gross Tax Capacity, is the Captured Gross Tax
Capacity. The ad valorem taxes derived from the property in
the District in each year, by application of the aggregate tax
capacity levied by all governmental entities having authority
to levy taxes on such property to the Captured Gross Tax
Capacity, is the Tax Increment to be derived from the District
(the "Tax Increment" ) .
1 . 04 . Redevelopment Agreement . The HRA has approved
a Redevelopment Agreement (the "Redevelopment Agreement") ,
between the HRA and Evergreen Development Corporation, a
Minnesota corporation ("Evergreen Development" ) . Under the
Redevelopment Agreement, Evergreen Development agrees to
.redevelop the Redevelopment Project area and to make Soil
Corrections , as defined in the Redevelopment Agreement, to the
property included in the Redevelopment Project area . The
Redevelopment Agreement provides that upon the completion of
the Soil Corrections by the Redeveloper the HRA will issue to
the Redeveloper its Tax Increment Revenue Note (Evergreen
Townhomes) , Series 1989 (the "Note" ) in a principal amount'
equal to the lesser of (i) .$250, 000, or (ii) the cost of the
Soil Corrections .
• 1 . 05 . Performance of Requirements . All acts,
conditions and things which are required by the Constitution
and laws of the State of Minnesota to be done, to exist, to
happen and to be performed precedent to and in the valid
issuance of the Note having been done, existing, having
happened and having been performed, it is now necessary for
this Board to establish the form and terms of the Note, to
provide security therefor and to issue the Note as provided
herein.
Section 2 . Form of Note.
2 . 01 . Note. The Note shall be issued in
substantially the following form:
•
-2-
UNITED STATES OF AMERICA •
STATE OF MINNESOTA
COUNTIES OF HENNEPIN AND RAMSEY
HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY
TAX INCREMENT REVENUE NOTE
(EVERGREEN TOWNHOMES)
SERIES 1989
No . $
Date of
Rate Maturity Original Issue
12 . 00% June 1, 2001 1, 1989
THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST.
ANTHONY, Hennepin and Ramsey Counties, Minnesota , (the HRA) ,
acknowledges itself to be indebted and, for value received,
hereby promises to pay to Evergreen Development Corporation, or
registered assigns (the "Registered Owner" ) , the principal
amount specified above, on the maturity date specified above,
with interest thereon from the date hereof at the annual rate
specified above, payable on January 1 in each year, commencing •
January 1, 199.1, all subject to the provisions referred to
herein with respect to the redemption of the principal of this
Note before maturity. The interest hereon and the principal
hereof, are payable in lawful money of the United States of
America, by check or draft of the HRA.
This Note is issued pursuant to a resolution adopted
by the Board of Commissioners on , 1989 (the
"Resolution.") to pay -the -cap-ital- costs • of -a redevelopment
project to be undertaken in Tax Increment Financing District
No . 2 Ramsey County (the "District" ) of the HRA, and is issued
pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Section 469 . 041,
Section 469 . 178 and Chapter 475 . This Note is payable solely
-from tax increments to be derived from the District (the "Tax
Increment") which have been pledged to the payment of this Note
by the Resolution.
The Tax Increment received by the HRA will be
deposited by the HRA in the Bond Fund established by the
Resolution (the "Bond Fund" ) . Tax Increment on deposit in the
Bond Fund shall be applied first to pay or reimburse the City
and HRA for payment of any administrative expenses paid or
•
-3-
• incurred by the City or HRA in connection with the, approval,
establishment, and operation of Redevelopment Plan for
Redevelopment Project No. 2 of the HRA, Tax Increment Financing
Plan for Tax Increment Financing District No. 2 Ramsey County
of the HRA or the Redevelopment Project No . 2 of the HRA,
together with interest on any such administrative expenses paid
by the HRA or the City from other funds at the rate of twelve
percent ( 12%) per annum from the date such expenses are paid by
the City or HRA until reimbursed from the Tax Increment, second
to pay interest then due and payable on this Note, and third to
pay principal then due and payable on this Note. Any amounts
remaining in the Bond Fund on any January 1, commencing January
1, 1991, following the payment or reimbursement of all
administrative expenses of the HRA or City, together with
interest thereon, and interest then due and payable on the
Note, shall be applied by the HRA to prepay the principal of
the Note in whole or in part , without premium, together with
accrued interest on the principal amount of this Note prepaid.
In the event that amounts on hand in the Bond Fund are not
sufficient to pay the principal of -and interest on this Note
when due, the failure of the HRA to pay such principal and
interest shall not constitute a default hereunder.
This Note and the interest hereon shall not be deemed
to constitute a general obligation of the State of Minnesota or
any political subdivision thereof, including, without
limitation, the City of St . Anthony, Minnesota (the "City") or
the HRA. Neither the State of Minnesota, nor any political
subdivision thereof, including, without limitation, the City or
the HRA, shall be obligated to pay the principal of or interest
on this Note or other costs incident hereto except from Tax
Increment pledged therefor by the Resolution, and neither the
full faith and credit nor the taxing power of the State of
Minnesota or any political subdivision thereof , including,
without limitation, the City or the HRA, is . pledged to the
payment of the principal of or interest on this Note or other
costs incident hereto .
All interest hereon shall be computed on the basis of
a 360 day year consisting of twelve thirty day months .
In the event the HRA shall fail to make when due any
interest payments or principal and interest payments required
Under this Note, the interest payment- or principal and interest
payment so in default shall continue as an obligation of the
HRA until the interest payment or principal and interest
payment in default shall have been fully paid. No interest
shall be payable on overdue installments of interest .
The principal amount of this Note may be prepaid,
• either in whole or in part, on any date upon payment of the
-4-
price equal to the principal being so prepaid plus accrued •
interest to the date of prepayment without premium.
As provided i.n the Resolution, the HRA will cause to
be kept at the office of the Executive Director of the HRA a
Note Register in which, subject to such reasonable regulations
as it may prescribe, the HRA shall provide for the registration
or transfer of ownership of this Note. This Note is
transferable upon the books of the HRA at the office of the
Executive Director by the Registered Owner hereof in person or
by its attorney duly authorized in writing, upon surrender
hereof together with a written instrument of transfer
satisfactory to the Executive Director of the HRA, duly
executed by the Registered Owner or its duly authorized
attorney, together with an executed investment letter from the
new Registered Owner in the form set forth in the Resolution
and an opinion of counsel addressed to the HRA and in form
satisfactory to the HRA that such transfer complies with all
applicable federal and State of Minnesota securities laws .
Upon- such transfer the Executive Director of the HRA- will -note
the date of registration and the name and address of the new
Registered .Owner upon the books of the HRA and in the
registration blank appearing below. Alternatively, the HRA
will at the request of the Registered Owner issue new notes in
an aggregate principal amount equal to the unpaid principal
balance of this Note, and of like tenor, except as to number
and principal amount, and registered in the name of the
Registered Owner or such transferee as may be designated by the
Registered Owner . The HRA may deem and treat the person in
whose name this Note is last registered upon the books of the
HRA with such registration noted on the Note as the absolute
owner hereof, whether or not overdue, for the purpose of
receiving payment of or on account of the principal balance,
redemption price or interest and for all. other purposes, and
all -such payments so made to the Registered Owner- or upon its
order shall be valid and effectual to satisfy - and discharge the
liability upon this Note to the extent of the sum or sums so
paid, and the HRA shall not be affected by any notice to the
contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding
obligation of the HRA according to its terms have been done, do
exist, have happened and have been performed in regular and due
form as so required.
IN WITNESS WHEREOF, the Housing and Redevelopment
Authority of St . Anthony, Hennepin and Ramsey Counties, State •
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• of Minnesota, by its Board of Commissioners, has caused this
Note to be executed by the signatures of its Chairman,
Secretary and Executive Director and sealed with the official
seal of the HRA and has caused this Note to be dated as of the
date set forth below.
Dated:
Secretary Chairman
Executive Director
(Seal)
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid principal balance of this
Note and the interest accruing thereon is registered on the
books of the HRA in the name of the registered holder last
noted below.
Date of Name and Address of Signature of
Registration Registered Holder Executive Director
Evergreen Development
Corporation
Section 3 . Terms of Note, Execution and Delivery.
3 . 01 . Terms of th-- Note. The terms of the Note shall
be as set forth in the form of Note contained in Section 2 here
of and the Note shall be issued in the principal amount of the
lesser of ( i) $250, 000 or ( ii) the costs of the Soil
Corrections, as defined in the Redevelopment Agreement, as set
forth in statement delivered to the HRA under Section 3(a) of
the Redevelopment Agreement .
-6-
0
3 .02 . Date of Note. The Note shall be dated as of •
the date of issuance thereof.
3 .03 . Execution. The Note shall be executed on
behalf of the HRA by the signatures of the Chairman, Secretary
and Executive Director, and shall be sealed with its corporate
seal. In case any officer whose signature shall appear on the
Note shall cease to be such officer before the delivery
thereof ,. such signature shall nevertheless be valid and
sufficient for all purposes .
3 .04 . Mutilated, Lost and Destroyed Note. In case
the Note shall become mutilated or be destroyed or lost, the
HRA upon compliance by the registered owner thereof with any
applicable provision of law shall cause to be executed and
delivered a new Note of like outstanding principal amount and
tenor in exchange and substitution for and upon cancellation of
the mutilated Note, or in lieu of or in substitution for such
Note destroyed or lost, upon the registered owner ' s paying the
reasonable expenses-- and charges. of the HRA in connection
therewith, and in case the Note is destroyed or lost, its
filing with the HRA evidence satisfactory to it and compliance
with any applicable provisions of law.
3 .05 . Registration of Transfer . The HRA will cause
to be kept at the office of the Executive Director a Note
Register in which, subject to such reasonable regulations as it
may prescribe, the HRA shal provide for the registration or
transfer of ownership of the Note. The Note shall be
transferable upon the books of the HRA by the registered owner
thereof in person or by its attorney duly authorized in
writing, upon surrender of the Note together with a written
instrument of transfer satisfactory to the Executive Director,
duly executed by the registered owner thereof or its duly
authorized attorney, together with an executed investment
letter from the new registered owner in the form attached
hereto as Exhibit A and an opinion of counsel addressed to the
HRA and in form satisfactory to the HRA that such transfer
complies with all applicable federal and State of Minnesota
securities laws . Upon such transfer the Executive Director
shall note the date of registration and the name and address of
the new- registered owner on the books of the HRA and in the
registration blank appearing on the Note . Alternatively, the
HRA will at the request of the Registered Owner issue new notes
in an aggregate principal amount equal to the unpaid principal
balance of the Note, and of like tenor, except as to number and
principal amount, and registered in the name of the Registered
Owner or such transferee as may be designated by the Registered
Owner . The HRA may deem and treat the person in whose name the
Note is last registered upon the books of the HRA with such
•
-7-
• registration noted on the Note as the absolute owner thereof,
whether or not overdue, for the purpose of receiving payment of
or on account of the principal or interest and for all other
purposes , and all such payments so made to the registered owner
or upon its order shall be valid and effectual to satisfy and
discharge the liability upon such Note to the extent of the sum
or sums so paid, and the HRA shall not be affected by any
notice to the contrary.
3 . 06 . Prepayment . The principal of the Note shall be
subject to optional and mandatory prepayment as provided in the
_ form of Note set forth in Section 2 hereof . In the event more
than one Note is outstanding , at the time of any prepayment in
part, all of the Notes shall be prepaid pro-rata on the basis
of their outstanding principal amounts . '
3 .07 . Delivery. The Note shall be delivered to
Evergreen Development as provided in the Redevelopment
Agreement .
Section 4 . Security Provisions .
4 . 01 . Bond Fund. The principal of and interest on
the Note shall be payable from the Tax Increment Financing
District No . 2 Ramsey County Bond Fund (the "Bond Fund" ) . So
long as the Note is outstanding and any principal thereof or
interest thereon unpaid, .the Executive Director of the HRA
shall maintain the Bond Fund, as a separate and special account
to be used for the payment of the principal of and interest on
the Note . The HRA hereby irrevocably appropriates to the Bond
Fund the Tax Increments to be received from the District .
Until payment in full of the Note amounts on hand in the Bond
Fund shall be applied in the following order : first, to pay or
reimburse the HRA and City for payment of any administrative
expenses paid or incurred by the City or HRA in connection with
the approval, establishment and operation of the Redevelopment
Plan, the Redevelopment Project, the .Tax Increment Financing
Plan and the District and the preparation, execution, delivery
and performance of the Redevelopment Agreement, together with
interest on any moneys advanced by the City or HRA to pay such
administrative expenses at the rate of twelve percent ( 12°x) per
annum from the date of such payment until reimbursed from the
Tax Increment; second, to pay interest on the Note when due;
and third, to the payment of principal on the Note when due.
On each January 1, commencing January 1, 1991, any moneys
remaining in the Bond Fund following the payment of all
expenses of the HRA or City, together with any interest
thereon, and interest then due and payable on the Note, shall
be applied by the HRA to prepay the principal of the Note in
whole or in part without premium. So long as the Note is
-8-
outstanding, the HRA will not issue any additional obligations
payable from the Tax Increment .
Section 5 . County Auditor Registration, Certification
of Proceedings, Investment of Moneys, Arbitrage, Designation of
Note as Qualified Tax Exempt Obligation and Maturity of Note.
5 . 01 . County Auditor Registration_. The Executive
Director is hereby authorized and directed to file a certified
copy of this resolution with the County Auditors of Hennepin
and Ramsey Counties , together with such other information as
the County Auditors shall require, and to obtain from each
County Auditor a certificate that the Note has been entered on
his bond register as required by law.
5 . 02 . Certification of Proceedings . The officers of
the HRA and the County Auditors of Hennepin and Ramsey Counties
are hereby authorized and directed to prepare and furnish to
the purchaser of the Note and to Dorsey & Whitney, Bond
_ Counsel, certif.ied. copies of all proceedings and records of the-
HRA, and such other affidavits, certificates and information as
may be required to show the facts relating to the legality and
marketability of the Note as the same appear from the books and
records under their custody and control or as otherwise known
to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed
representations of the HRA as to the facts recited therein.
5 . 03 . Tax Covenant . The HRA covenants and agrees
with the holders from time to time of the Bonds that it will
not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest
on the Note to become subject to taxation under the Internal
Revenue Code of 1986 , as amended (the "C^de" ) , and the Treasury
Regulations promulgated thereunder (the Regulations" ) , and
covenants to take any and all actions within- its powers to
ensure that the interest on the Note will not become subject to
taxation under the Code and the Regulations . The HRA will
cause to be filed with the Secretary of Treasury an information
reporting statement in the form and at the time prescribed by
the Code.
5 . 04 . Arbitrage Certification. The Chairman,
Secretary and Executive Director, being the officers of the HRA
charged with the responsibility for issuing the Note pursuant
to this resolution, are authorized and directed to execute and
deliver to the purchaser thereof a certificate in accordance
with the provisions of Section 148 of the Code, and Sections
1 . 103-13 , 1 . 103-14 and 1 . 103-15 of the Regulations , stating the
facts , estimates and circumstances in existence on the date of
-9-
issue and delivery of the Note which make it reasonable to
expect that the proceeds of the Note will not be used in a
manner that would cause the Note to be arbitrage bond within
the meaning of the Code and Regulations .
Section 5 . 05. Qualified Tax-Exempt Obligations . The
Board hereby determines and declares that the HRA (including
any "subordinate entity" within the meaning of Section
265(b) (3) (E) of the Code) does not reasonably anticipate to
issue in calendar year 1989 tax-exempt obligations in an
aggregate principal amount greater than $10, 000, 000 (exclusive
of Private Activity Bonds , but including qualified 501(c) (3)
bonds as defined in Section 145 of the Code) . The Board hereby
specifically designates the Note as "qualified tax-exempt
obligations" within the meaning of Section 265 of the Code. In
any event the Board will not designate more than $10,000, 000 of
its obligations issued in calendar year 1989 as such "qualified
tax-exempt obligations . "
Section 5 . 06 . Maturity of Note . This Board estimates
that the Tax Increment will be sufficient to pay when due the
principal of and interest on the Note.
Chairman
Attest :
Acting Executive Director
•
-10-
The motion for the adoption of the foregoing •
resolution was duly seconded by Boardmember and
upon vote being taken thereon, the following voted in favor
thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted,
and was signed by the Chairman, whose signature was attested by
the Executive Director .
•
-1I-
H.R.A. RESOLUTION 1989-003
Commissioner introduced the
following resolution and moved its adoption :
RESOLUTION RELATING TO REDEVELOPMENT
PLAN FOR REDEVELOPMENT PROJECT AREA NO.
2 RAMSEY COUNTY, AND THE REDEVELOPMENT
PROJECT TO BE UNDERTAKEN PURSUANT THERETO
AND TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NO.
2 RAMSEY COUNTY ; APPROVING REDEVELOPMENT
PLAN FOR REDEVELOPMENT PROJECT AREA NO.
2 RAMSEY COUNTY AND THE REDEVELOPMENT
PROJECT TO BE UNDERTAKEN PURSUANT THERETO,
TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 2 RAMSEY
COUNTY AND THE ESTABLISHMENT OF TAX INCREMENT
FINANCING DISTRICT NO. 2 RAMSEY COUNTY,
AND REQUESTING THE APPROVAL OF THE CITY
COUNCIL
BE IT RESOLVED, by the Housing and Redevelopment
Authority in and for the City of St . Anthony, Minnesota (the
"HRA" ) , as follows :
• 1 . It has been proposed that the HRA approve a
redevelopment plan, as defined in Minnesota Statutes, Section
469 .002 , subdivision 16 , to be designated as Redevelopment
Plan for Redevelopment Project Area No. 2 Ramsey ( the
"Redevelopment Plan" ) , and a redevelopment project to be
undertaken pursuant thereto, as defined in Minnesota Statutes,
Section 469 .002 , subdivision 14 , to be designated as
Redevelopment Project No. 2 Ramsey County (the "Project" ) ,
and that in order to finance the public redevelopment costs
to be incurred by the HRA in connection with the Redevelopment
Plan and Project, it has been further proposed that the HRA
approve a tax increment financing plan, pursuant to the
provisions of Minnesota Statutes, Section 469 . 175, to be
designated as Tax Increment Financing Plan for Tax Increment
Financing District No. 2 Ramsey County ( the "Financing Plan" )
which establishes a tax increment financing district, as
defined in Minnesota Statutes, Section 469 .174 , subdivision
9 , to be designated as Tax Increment Financing District No.
2 Ramsey County ( the "District" ) .
2 . It has been proposed that the HRA and Evergreen
Development Corporation, a Minnesota corporation ( the
"Developer" ) enter into a Redevelopment Agreement for the
Evergreen Townhomes Project ( the "Redevelopment Agreement" ) ,
covering the property subject to the Redevelopment Plan and
included in the District . A draft of the Redevelopment Agreement
has been presented to this Board.
3 . The Redevelopment Plan, the Project, the Financing •
Plan and the District are described in the attached documents
entitled " Redevelopment Plan For Redevelopment Project No.
2 Ramsey County" and "Tax Increment Plan For Tax Increment
Financing District No. 2 Ramsey County" , and the Redevelopment
Plan, the Project, the Financing Plan and the District as '
so described are hereby approved, subject to execution of
the Redevelopment Agreement and the Executive Director of
the HRA and the attorney for the HRA are hereby authorized
and directed to proceed with the implementation of the
Redevelopment Plan, the Project, the Financing Plan and the
District. The Redevelopment Agreement presented to this
Board is hereby approved, subject to such changes and additions
thereto as are approved by the Chairman and Executive Director
of the HRA, such approval to be evidenced by the execution
and delivery of the Redevelopment Agreement by the HRA.
Upon the approval of the form and content of the Redevelopment
Agreement by the Chairman and Executive Director, any two
officers of the HRA are hereby authorized and directed to
exec-ute and deliver- the Redevelopment Agreement on -behalf
of the HRA, together with such other documents , agreements
and instruments to be executed and delivered by the HRA pursuant
to the Redevelopment Agreement . The Executive Director is
further authorized and directed to request the appropriate
authorities of Ramsey County to certify the original assessed
value of the District pursuant to Minnesota Statutes, Section
469 . 177 following (i ) approval of the Financing Plan and
District by the St. Anthony City Council in accordance with ___
Minnesota Statutes, Section 469 . 175, subdivision 3, and (ii )
the execution and delivery by the HRA and the Developer of
the Redevelopment Agreement.
4 . The Redevelopment Plan and the Project were
transmitted to the St. Anthony Planning Commission (the
"Commission" ) for its review and opinion. The Commission
delivered to the HRA its written opinion on the Redevelopment
Plan and the Project.
5 . - The Redevelopment Plan, the Project, the Financing
Plan and the District, together with the written opinion
of the Commission, have been presented to the City Council
for a public hearing on the Redevelopment Plan and the Project
pursuant to Minnesota Statutes, Section 469 . 028, subdivision
1 and the Financing Plan pursuant to Minnesota Statutes,
Section 469. 175, subdivision 3 .
Dated the day of 1989 .
Chairman •
Attest :
Acting Executive Director
-2-
H.R.A. RESOLUTIONT 1989-004
A RESOLUTION APPROVING CONVEYANCE OF PROPERTY
TO THE EVERGREEN DEVELOPMENT CORPORATION AND
AUTHORIZING THE CHAIR, ACTING EXECUTIVE DIRECTOR AND
SECRETARY TO SIGN A DEED
BE IT RESOLVED, that the St. Anthony Housing and Redevelopment
Authority hereby approves the conveyance of property to. the
Evergreen Development Corporation and authorizes the Chair,
Acting Executive Director and Secretary to sign the
appropriate deed.
Adopted this day of 1989.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Acting City Manager-
• Member introduced the following
resolution and moved its adopted:
RESOLUTION NO. 89-013
RESOLUTION APPROVING REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT AREA NO. 2
RAMSEY COUNTY AND THE REDEVELOPMENT PROJECT
TO BE UNDERTAKEN PURSUANT THERETO AND
TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO. 2 RAMSEY
COUNTY, AND MAKING FINDINGS WITH RESPECT
THERETO
BE IT RESOLVED by the City Council of the City
of St . Anthony, Minnesota as follows:
1 . The Housing and Redevelopment Authority in
and for the City of St . Anthony (the HRA) has approved a
redevelopment plan, as defined in Minnesota Statutes, Section
469 . 002 , subdivision 16 , designated as Redevelopment Plan
for Redevelopment Project Area No. 2 Ramsey County ( the
Redevelopment Plan) , and a redevelopment project, as defined
in Minnesota Statutes, Section 469 . 002 , subdivision 14 , to
be undertaken pursuant thereto, designated as Redevelopment
Project No. 2 Ramsey County (the Redevelopment Project) ,
and in order to finance the public redevelopment costs to
be incurred by the HRA in connection with the Redevelopment
Plan and Redevelopment Project, the HRA has approved a tax
increment financing plan, pursuant to Minnesota Statutes,
Section 469 .175 , designated as Tax Increment Financing Plan
for Tax Increment Financing District No. 2 Ramsey County
( the Financing Plan) which establishes a tax increment financing
district , as defined in Minnesota Statutes, Section 469 .174 ,
subdivision 9 , designated as Tax Increment Financing District
No. 2 Ramsey County (the District ) . The HRA has requested
that this Council approve the Redevelopment Plan, Redevelopment
Project and Financing Plan following a public hearing thereon.
The HRA has approved a Redevelopment Agreement for the Evergreen
Townhomes Project ( the Redevelopment Agreement ) between the
HRA and Evergreen Development Corporation, a Minnesota
corporation (the Developer ) for the development of the land
included in the Redevelopment Plan area and district, which
Redevelopment Agreement provides recourse to the HRA if the
townhouse project required to be constructed by the Developer
is not completed. The HRA has furnished to this Council
a copy of the Redevelopment Plan and Financing Plan and the
written opinion of the City Planning Commission as to the
Redevelopment Plan, the Redevelopment Project and the Financing
Plan, and on August 23 , 1988, held a public hearing on the
r
same after notice of the public hearing was published in •
the official newspaper of the City, not less than 10 days
prior to the date of the hearing. All persons desiring to
be heard were heard.
2 . The Redevelopment Plan,' Redevelopment Project,
Financing Plan and establishment of the District are hereby
approved.
3 . This Council finds that the District is a soils
condition district within the scope of Minnesota Statutes,
Section 469 . 174 , subdivision 19 , for the following reasons :
( i ) less than 70% of the parcels in the District are occupied
by buildings, streets, utilities or other improvements, ( ii )
due to unusual terrain or soil deficiencies requiring substantial
filling, grading or other physical preparation for use at
least 80% of the total acreage of land in the District has
a fair market value upon inclusion in the District, which
when added to the cost of preparing the land for development,
excluding costs directly relating to-roads as- defined in
Section 160 .01 and local improvements as described in Section
429 . 021, subdivision 1 , clauses 1 to 7 , 11 and 12 and 430 .01,
exceeds its anticipated fair market value after completion
of the preparation; and ( iii ) upon the execution and delivery
by the HRA and the Developer of the Redevelopment Agreement,
the HRA will have concluded an agreement for the development
of at least 50% of the acreage in the District having the
unusual soil or terrain deficiencies, which_ agreeme.nt_pr.ovides-- -- — -
recourse to-the HRA should- the development not be completed.
The reasons and supporting facts for this determination are
contained in the Redevelopment Plan and Financing Plan which
reasons and supporting facts are incorporated herein by
reference.
4 . Based upon the reasons and supporting facts
set forth in the Redevelopment Plan and Financing Plan, pursuant
to Minnesota Statutes, Section 469 .028 , it is hereby found
that:
(A) The land located within the
Project area would not be made available
for redevelopment without financial aid
sought;
(B) The Redevelopment Plan for
the area within the City included therein
will afford. maximum opportunity, consistent
with the sound needs of the City as a
whole, for the redevelopment of such
areas by private enterprise; and
(C) The Redevelopment Plan conforms
to the general plan for the development
of the City as a whole .
-2-
_}
• 5 . Based upon the reasons and supporting facts
set forth in the Redevelopment Plan and Financing Plan, pursuant
to Minnesota Statutes, Section 469 . 175 , subdivision 3 , it
is hereby found that :
(A) For the reasons stated in Section
3 of this Resolution, the District is
a Soils Condition District as defined
in Minnesota Statutes, Section 469 .174 ,
subdivision 19 .
(B) The proposed development to
be undertaken in accordance with the
Redevelopment Plan in the opinion of
this Council would not occur solely through
private investment within the reasonably
foreseeable future and therefor the use
of tax increment financing is deemed
necessary.
(C) The Financing Plan conforms
to the general. plan for the development
of the City as a whole .
(D ) The Financing Plan will afford
maximum opportunity consistent with the
sound needs of the City as a whole for
the development of the District by private
enterprise.
(E ) The City elects the method
of tax increment computation set forth
in' Minnesota Statutes, Section 273 . 76 ,
subdivision 3 , clause (a) .
Passed by the Council this day .of ,
1989 .
Mayor
Attest :
City er
•
City Manager
-3-
i
The motion for the adoption of the foregoing resolution O
was duly seconded by Member and upon vote
being taken thereon, the following voted in favor thereof:
and the following voted against the same :
whereupon said resolution was declared duly passed and adopted,
and was signed by the Mayor, whose signature was attested .
by the City Manager.
O
-4-
RESOLUTION 89-014
A RESOLUTION APPROVING THE TRANSFER OF LAND
FROM THE CITY OF ST. ANTHONY TO THE ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN A DEED
BE IT RESOLVED, that the City Council of the City of St.
Anthony hereby approves the transfer of land from the
City of St. Anthony to the St. Anthony Housing and
Redevelopment Authority and authorizes the Mayor and City
Clerk to sign the appropriate deed.
• Adopted this day of 1989.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Acting City Manager
•
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT
AUTHORITY AGENDA
MAY 23, 1989
CITY COUNCIL CHAMBERS
I . Call to Order.
II. Roll Call.
III. Approval of April 11, 1989 H.R.A. Minutes.
IV. Claims.
• A. Dorsey & Whitney, Inc. - $583 . 16.
V. Evergreen Townhomes:
A. Redevelopment Agreement.
B. H.R.A. Resolution 1989-002, re: Approval of
issuance of Tax Increment Revenue Note,
Series 1989.
C. H.R.A. Resolution 1989-003 , re: Approval of
Redevelopment Plan, Tax Increment Financing
Plan and Redevelopment Agreement with
Evergreen Development Corporation.
D. H.R.A. Resolution 1989-004, re: Approval of
the conveyance of property to the Evergreen
Development Corporation.
VI. Adjournment.
•
r
• G 2 TY O F S T _ ANTHONY
HOU S 2 NG AND REDEVELOPMENT
AUTHOR 2 TY MM NUTS S
1 The meeting was opened by Chair Sundland at 9:09 P.M.
2 ROLL CALL
3 Present: Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks,
4 and Commissioners Ranallo and Makowske.
5 Also present: David Childs., Executive Director
6 Larry Hamer, Public Works Director
7 MARCH 28, 1989 H.R.A. MINUTES
8 Motion by Marks, seconded by Makowske to approve as ,presented.
9 Motion carried unanimously.
400 CLAI
1 Motion by Ranallo, seconded by Makowske to approve payment of $559.19
12 to the Dorsey & Whitney law firm for legal services to the H:R.A. during
13 February, 1989.
14 Motion carried unanimously.
15 Mr. Childs reminded the H.R.A. members that even before Arkell was
16 involved it had been decided to let whatever developer constructed that
17 portion of the Kenzie Terrace Redevelopment Project do the demolition
18 of the site and to limit the maximum payment for the demolition to
19 $90,000.00 for which LaNel was now billing the City after completing
20 demolition for the Autumnwood Apartments.
21 Motion by Marks, seconded by Enrooth to approve payment. of $90,000.00
22 to the LaNel Financial Group.
23 Voting on the motion:
24 Aye: Marks, Enrooth, Sundland, Ranallo.
25 Abstention: Makowske.
26 Motion carried.
• 1
1 Motion by Marks, seconded by Ranallo to approve payment of $14,186.85
2 to Twin Cities Harley Davidson as the final relocation claim for moving •
3 and related expenses in conjunction with the relocation of that
4 displaced business to Blaine, MN from the Autumnwood Apartments site.
5 Motion carried unanimously
6 Motion by Marks, seconded by Enrooth to approve payment of $4,757.50 to
7 Federal-State Relocation Consulting Services for final services related
8 to the relocation of Twin Cities Harley Davidson from the site on which
9 the Autumnwood Apartments are now to be erected.
10 Motion carried unanimously.
11 Evergreen Townhome Project Update
12 Mr. Childs indicated he had a "more encouraging report than had been
13 given at the previous H.R.A. meeting. He said he had been continuing
14 negotiations with the Soo Line Railroad Engineering Department which he
15 then discontinued when Vern Hoium, President of Evergreen Development,
16 phoned him to indicate the developers had refigured the configuration
17 of the proposed townhome project and perceived the townhomes on the east
18 side of the pond could be put up on slabs instead of basements and the
19 fill could be dumped in that location instead of on the railroad's
20 property.
21 The Executive Director had also indicated that allowing slabs would give
22 those prospective buyers who didn't want basements the options they
23 were seeking and at the same time drop the proposed road through the
24 site which was actually higher than Silver Lane down four feet to a
25 height of only a few feet lower than Silver Lane. Mr. Childs reported
26 the Evergreen President had perceived these - changes would cost a lot
27 less than what the railroad was asking to allow the developers to dump
28 fill on their right-of-way. He said it would take the developers a few
29 days to draw up the new plans which should be ready for the next H.R.A.
30 meeting.
31 H.R.A. Cools Towards Request to Lower Assessed Valuation for-the- LaNel
32 Project
33 Mr. Childs relayed the developer's request to put a cap on taxes for
34 the Autumnwood Apartments to keep the rents for those units a little
35 more reasonable than would be necessary to pay taxes which are now
36 estimated to run between $1,850.00 and $2,000.00 as compared to
37 $1,200.00 to $1,400.00 originally projected. There was general
38 concurrence that the City should not grant this request, which was
39 feared could result in every other property owner in St. Anthony
40 requesting a similar cap on the property tax raises they were also
41 experiencing.
42 The Executive Director indicated he had also not been too excited about
43 giving a further subsidy to this developer when the City was holding
44 developers on other redevelopment projects to a minimum tax without any
2
1 concessions related to a maximum tax. He said he might have reacted
differently if the request had been part of the "original Redevelopment
Agreement with LaNel .
4 Councilmember Makowske questioned whether the City, by restraining the
5 amount of taxes which would be paid on the project so far into the
6 future, might not be acting just as illegally as whoever cut the deal
7 with Minneapolis related to the St. Anthony Boulevard years ago.
8 Councilmember Enrooth indicated he perceived the raise in taxes had not
9 been caused by the City and that it was up to the developers to protest
10 the tax raise with the legislature whose responsibility it really. was.
11 ADJOURNMENT
12 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony Housing
13 and Redevelopment Authority meeting at 9:45 P.M. for the Council
14 Executive Session.
' 15 Motion carried unanimously.
16 Respectfully submitted,
17 Helen Crowe, Secretary
18 **************************************
An informal discussion with Mrs. Sorenson related to the Walker on
20 Kenzie senior residence followed the adjournment of the H.R.A. The
21 project housing manager relayed her appreciation of the quick response
22 always given by the City . Fire and Police Department to calls caused by
23 a resident accidentally activating her call button a couple of times.
24 She also reported there was a two and a half to three year -wait for
25 those subsidized apartments and agreed that if the City could get H.U.D.
26 financing for another 50 unit building, there would be no problem with
27 immediately filling it up. The Housing Manager indicated she did want
28 to warn the H.R.A. about possible damage to the adjacent residences from
29 the demolition process being on the site next to Walker Apartments. She
30 said her building had developed some cracks in the walls which had
31 resulted from the digging. Mrs. Sorenson was thanked for bringing
32 this to the City's attention and for the other information she had given
33 on the senior project.
34 :cjk
3
360859
DORSEY & WHITNEY
A PA11T 1 CHIP I.A'('LI.VII.'U 1`X.'...-1-C--11
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 5540'_
• (0121340-2000
(Internal Revenue Account No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
April 30, 1989
Mr. David M. Childs
Executive Director
Housing and Redevelopment
Authority of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: Housing and Redevelopment Authority
For legal services rendered from March 1, 1989 through March 31,
1989, including:
Kenzie 202 Project:
Review Kirby memo; telephone conference with
John Kirby; review file to determine whether Walker
• is prevented from changing property classification;
inter-office conference re same; prepare memorandum;
letter to Dave Childs re application to reduce assessed
value by changing classification. $454 . 00
Evergreen Development Corporation Towhhomes :
Discussions regarding status of project and discussions
with Railroad. 125 . 00
Total Fees $579 .00
Plus Disbursements (as per attached statement) 4 . 16
Total Fees and Disbursements $583.16
•
W'RS/gle
615 178820 : 64
Disbursements made for your account, for which bills have not yet been received,will appear on a later statement.
•
RESOLUTION H.R.A. 89-001
A RESOLUTION SPECIFYING PERSONS AUTHORIZED
TO MAKE CERTAIN TRANSACTIONS REGARDING
FINANCIAL ACCOUNTS OF THE ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY (H.R.A. )
BE IT RESOLVED by the St. Anthony Housing and
Redevelopment Authority that the Chairman (Robert J.
Sundland) , Acting City Manager (Susan L. Vander-
Heyden) , City Accountant (Lois Davis) , and Liquor
Operations Bookkeeper (Barbara Hickerson) , are authori-
zed to make approved transfers and deposits and ap-
proved transactions of H.R.A. funds in the various
H.R.A. accounts and that their names are to appear on
signature cards at various financial institutions
approved by the Housing and Redevelopment Authority.
Adopted this day of 1989.
Chairman
Secretary/Treasurer
•