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HomeMy WebLinkAboutCC PACKET 02101998 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102259 Box: 22 Folder: CC PACKETS 1994-1998 Document: CC PACKET 02101998 H.R.A. IMMEDIATELY FOLLOWING 1, REGULAR COUNCIL MEETING. } CITY OF ST. ANTHONY • CITY COUNCIL REGULAR MEETING AGENDA February 10, 1998 7:00 PM Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. Ill. APPROVAL OF FEBRUARY 10, 1998 REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF JANUARY 27, 1998 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Legal: • 1 . Dorsey & Whitney - $1 ,559.26. B. SAV2 Liquor Store: 1 . KKE Architects, Inc. - $175,021 .35. C. Verified. VII. REPORTS. A. Councilmembers. B. Mayor. C. City Manager. VIII. PUBLIC HEARINGS. A. 1998 Street Improvements (Resolution 98-025). Bob Moberg of RCM will be present to discuss the 1998 Street Improvement Project. B. Assessments for 1998 Street Improvements (Resolution 98-026). IX. NEW BUSINESS. A. Resolution 98-027, re: Award Construction Bid for 1998 Street Improvements. B. Resolution 98-028, re: Call for Sale of Bonds for 1998 Street Improvements. C. Approve Agreement for Additional services for 1998 Street • Improvements. D. Approve Final Plat for 3301 Stinson Boulevard (Chazin Homes).. Council Agenda February 10, 1998 • Page 2 E. Resolution 98-023, re: Grant Agreement Relating to Minnesota Housing Finance Agency Funding for Flood Assistance. F. Ordinance 1998-005, re: Water rates (1 st reading). X. UNFINISHED BUSINESS. A. Ordinance 1998-001 , re: Storm water facility rates (3rd reading). B. Ordinance 1998-002, re: Sump Pumps (3r8 reading). XI. ADJOURNMENT. 1 CITY OF ST. ANTHONY • CITY COUNCIL REGULAR MEETING MINUTES 3 JANUARY 27, 1998 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance.led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen. 9 Also Present: City Manager Mike Mornson. 10 Councilmembers Absent: None. 11 III. APPROVAL OF JANUARY 27, 1998 REGULAR COUNCIL MEETING AGENDA. 12 Motion by Marks, second by Faust to approve the January 27, 1998 Regular Council Meeting 13 Agenda as presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF JANUARY 13, 1998 REGULAR COUNCIL MEETING MINUTES. 16 Motion by Marks, second by Thuesen to approve the January 13, 1998 Regular Council Meeting • Minutes with the following changes: 18 Page 8, Line 12: Remove "necessity" and replace with "amount". 19 Page 8, Line 31: Remove "property and replace with "properties". 20 Motion carried unanimously. 21 V. LICENSES/PERMITS/PETITIONS -None. 22 VI. PRESENTATION OF CLAIMS. 23 Motion by Marks, second by Faust to approve the claims A. through C.1.: 24 Cavanaugh requested that claim C.1. be withheld for discussion. 25 Marks amended his motion to include claims A. through B.l.c. Faust agreed to the amendment. 26 27 A. Storm Water Analysis: 28 1. WSB & Associates, Inc. 29 a. In the amount of$13,802.83 for professional services rendered from 30 December 1 through December 31, 1997 for Flood Problem Area 31 Analysis. 0 b. In the amount of$88.00 for professional services rendered from December 1 through December 31, 1997 for Storm Drainage Task Force. 34 B. Road Improvement Projects: City Council Regular Meeting Minutes January 27, 1998 Page 2 • 1 1. Rieke Carroll Muller Associates, Inc. 2 a. In the amount of$250.00 for professional services rendered from 3 December 1 to December 31, 1997 for 1997 State Aid Report. 4 b. In the amount of$2,217.25 for professional services rendered from 5 November 30 to December 27, 1997 for 33rd Avenue Design. 6 C. In the amount of$3,949.70 for professional services rendered from 7 November 30 to December 27, 1997 for 1998 Street Improvements 8 Design/Bidding. 9 Motion carried unanimously. 10 Motion by Marks, second by Cavanaugh to approve the following claim: 11 C. Legal: 12 1. Foster, Wentzell, Hedback& Brever in the amount of$3,000.00 for professional 13 services rendered for January of 1998. 14 Cavanaugh asked exactly what service this is paying for. 15 Morrison explained that this is the cost of a contract to provide prosecution for the City Police • 16 Department. 17 Cavanaugh asked if this cost was offset by any income. 18 Morrison explained that the City pays the prosecution cost directly and is reimbursed all fines 19 collected. The fines are shown in the General Budget as miscellaneous income. This contract 20 will expire on March 31, 1998 and will be a discussion item prior to that time. 21 Motion carried unanimously. 22 Motion by Marks, second by Faust to approve the following claim: 23 D. Northwest Youth and Family Services in the amount of$2,500.00 for services rendered 24 in calendar year 1998. 25 Mayor Ranallo stated he would vote against this motion. He noted that the Police Department 26 has stated they are not receiving the services they should and that it would be more practical to 27 give the funds to ACTION which is an organization located in the City of St. Anthony. 28 Faust stated there are a lot of referrals to Northwest Youth and Family Services (NYFS) from the 29 school and the Police Department. It has been proven that the City benefits from this service and 30 the City of St. Anthony is paying a lower rate per capita than the neighboring cities. He noted • 31 that ACTION does not perform any counseling. City Council Regular Meeting Minutes January 27, 1998 • Page 3 1 Cavanaugh reported that he had been approached to serve on the NYFS Board. 2 Marks noted that he had served on the NYFS Board for a number of years. He explained that 3 ACTION is a program to keep youth from becoming involved in trouble, while NYFS is a 4 program to help children once they are in trouble. From the standpoint of youth, he stated both 5 programs are needed. Marks encouraged Cavanaugh to accept the position on the Board. 6 Thuesen stated he understood that NYFS was a good organization but would like to see exactly 7 what the $2,500 was paying for. He noted that if the program is helping youth in surrounding 8 communities, that is also a benefit to the City of St. Anthony. 9 Marks explained the NYFS program receives a lot of referrals from the school. The program 10 provides counseling, a youth diversion program, and an employment program. It services the 11 cities of St. Anthony,New Brighton, Shoreview, Arden Hills, Lauderdale, Falcon Heights and 12 Little Canada. 13 Ranallo agreed with these points but noted that when asked to provide the statistics of the 14 number of residents served in St. Anthony,NYFS was unable to do so. Police Chief Engstrom 15 has also noted that he has not been entirely pleased with the services received. Faust noted NYFS had provided figures that indicated the services rendered to children in School 17 District 282 exceeded the $2,500 figure by three to four times. 18 Ranallo noted that some of the children included in that statistic were not residents of St. 19 Anthony. 20 Vote on the motion. Cavanaugh, Faust, Marks, Thuesen voted aye. Ranallo voted nay. 21 Motion carried. 22 Motion by Marks, second by Cavanaugh to approve the following claim: 23 - D. 6 pages of Verified Claims as presented by the Finance Director. 24 Cavanaugh questioned the purpose of Council discussion of the verified claims. 25 Mayor Ranallo explained that inclusion of the verified claims on the agenda allows 26 Councilmembers to see all the bills being paid by the City and ask any questions they may have 27 before the bills are paid. Morrison explained the verified claims are inspected by each department, approved by the Finance Director and the City Manager and then submitted for Council approval. City Council Regular Meeting Minutes January 27, 1998 Page 4 1 Motion carried unanimously. 2 VII. REPORTS. 3 A. Planning Commission - January 20, 1998. 4 1. . Tony Farald; for Smart Stop, 3259 Stinson Boulevard, Request for a Sideyard 5 Setback Variance. 6 Planning Commissioner Jim Gondorchin was present to report on the issues addressed at the 7 January 20, 1998, Planning Commission Meeting. 8 Commissioner Gondorchin reported that Tony Farald, owner of the Conoco gas and convenience 9 store at 3259 Stinson.Boulevard is requesting a six foot sideyard setback variance in order to put 10 a roof and door on an enclosure that is attached to the principal structure. This enclosure is 11 currently used to store recyclable items and milk crates but is outside and has been subject to 12 vandalism. The proposed change will eliminate a public health and safety hazard. 13 Commissioner Gondorchin reported that the proposal had been before the Commission 14 previously for a concept review and had been well received. The Planning Commission 15 recommended approval of the sideyard setback based on the following hardship: 16 1. The current structure is a legal non-conforming structure which was in place when the • 17 City's Zoning Ordinance was codified in 1976 and that the imposition of that City 18 Ordinance restricted the ability of this grandfathered structure to make any adequate 19 improvements for the purpose of public health and safety; 20 2. It was indeed the City Ordinance that imposed the hardship; and 21 3. The property is unique in so far as the structure was already in place when the City 22 Ordinance went into effect. 23 Commissioner Gondorchin also noted that the proposal will not alter the character of the 24 neighborhood and is not based solely on economic considerations. 25 Marks asked if there was any verbiage in the City Code to address structures which were 26 grandfathered in. 27 Morrison stated it is generally the opinion of the City Attorney that once a structure is changed in 28 shape or form, it loses its grandfather status and is subject to current codes. 29 Motion by Thuesen, second by Faust to approve the six foot sideyard setback variance for the 30 property located at 3259 Stinson Boulevard based on the findings of the Planning Commission. 31 Motion carried unanimously. 32 2. Alan Chazin, for 3301 Stinson Boulevard(old Clark Station); Request for Property • 33 Subdivision. City Council Regular Meeting Minutes January 27, 1998 • Page 5 1 Commissioner Gondorchin reported that Mr. Chazin, Alan Chazin Homes, Inc., is requesting a 2 subdivision of the property located at 3301 Stinson Boulevard(formerly the Clark gas station) to 3 construct four owner-occupied townhomes on the site. This is a welcome addition to the City of 4 St. Anthony on a corner which has been vacant for quite some time. 5 Commissioner Gondorchin reported this proposal had been before the Commission for concept 6 review prior to consideration. The.applicant has indicated that the storm water will be retained 7 on the site. The City Attorney, in his letter dated January 19, 1998,noted that the lot coverage 8 must be below 50%. The Planning Commission asked Staff to confirm this number and included 9 compliance as a condition of approval. 10 Commissioner Gondorchin stated his concern with the proposal was emergency vehicle access to 11 the rear of the building: There was Commission discussion and the consensus was that as long as 12 there was front access, there was not an issue. City codes were checked during the meeting and 13 it was determined that there are no requirements of multiple entrances-exits for this type of 14 structure. 15 Commissioner Gondorchin reported residents present at the meeting expressed concern with 16 parking issues. There are four guest parking spaces on the site. The residents also questioned the ownership of a small parcel of land to the east of this site. Mr. Chazin had attempted to purchase this strip of land but the owner was not willing to sell the parcel. 19 The Planning Commission recommended approval of the subdivision based on the following: 20 1. It meets all the requirements of the City's Zoning Ordinance; 21 2. The project is well suited for the area; and 22 3. That this takes into consideration those points detailed in the City Attorney's letter dated 23 January 19, 1998; and, 24 Conditioned on: 25. 1. Confirmation that the lot coverage issue is satisfied. 26 Cavanaugh asked if the Fire Department had approved the access to the building. 27 Commissioner Gondorchin stated he had requested,that confirmation at the concept review but 28 he was not certain that approval had been obtained. 29 Cavanaugh noted that each unit required two parking spaces. He questioned how the required 30 amount of parking was determined. • City Council Regular Meeting Minutes January 27, 1998 Page 6 • 1 Commissioner Gondorchin stated there is a double garage with each unit and four additional 2 parking spaces are provided on-site. The parking provided meets the code requirements of the 3 City of St. Anthony for this structure. 4 Cavanaugh asked if the four spots would be designated as guest parking only. 5 Faust noted this is private property.and that this designation would be difficult to control. 6 Thuesen stated he agreed that the four parking spaces should be designated for guest parking. 7 Mr. Chazin, Alan Chazin Homes, 5353 Wayzata Boulevard, noted that this is a townhome 8 project and an association will be formed. The association will own the four parking spaces, 9 which will be available for guest parking, as a group. The demands for parking on this site will 10 fluctuate just like any other site. 11 Morrison questioned the lot coverage on the site. 12 Mr. Chazin stated the site plan illustrates that the lot coverage is under 50%. 13 Morrison noted that approval this evening is of the preliminary plat. The final plat will be • 14 considered at the February 10, 1998 Council meeting. At the October 28, 1997 HRA meeting, 15 the Council approved $30,000 in Tax Increment Financing assistance for the redevelopment of 16 this property. This will be addressed at the February 10, 1998 HRA meeting. 17 Thuesen asked if the error in the title described in City Attorney letter of January 19, 1998 had 18 been corrected. He also questioned the proposed landscaping of the site. 19 Mr. Chazin stated the landscape drawing will be submitted as part of the final plat approval. 20 Commissioner Gondorchin noted that at the Planning Commission meeting John Baker, 21 Architect, had stated that the total square footage of the lot is 16,500 square feet. The proposal 22 includes 8,246 of hard cover including all impervious surfaces, which is less than 50%. 23 Anthony Kaczor, 3008 33rd Avenue, stated he had spoken with Mr. Chazin this evening prior to 24 the Council meeting and informed him that the Comprehensive Plan includes installation of 25 sidewalks on Stinson Boulevard. Mr. Kaczor also noted there is a small "Welcome to St. 26 Anthony" sign near the proposed townhome which could possibly be incorporated with the larger 27 townhome sign. The City could possibly share the cost of the sign. 28 Motion by Faust, second by Thuesen to approve the preliminary plat - subdivision of the 29 property at 3301 Stinson Boulevard contingent on all the issues of City Attorney's letter dated 30 January 19, 1998 being addressed and in compliance. • City Council Regular Meeting Minutes January 27, 1998 • Page 7 1 Faust noted the City Attorney's letter addressed all the issues raised by the Planning 2 Commission. 3 Cavanaugh suggested the motion include the requirement that the Fire Chief review the plan to 4 ensure there is adequate access for fire protection. 5 Faust accepted the amendment to the motion. Thuesen agreed to the amendment. 6 Motion carried unanimously. 7 3. Rose Fitzjerrells; for Autumn Woods Apartments, 2600 Kenzie Terrace; Request for a 8 Conditional Use Permit. 9 Commissioner Gondorchin reported that Rose Fitzjerrells,Manager of Autumn Woods, is 10 requesting a Conditional Use Permit to provide an on-site beauty salon for resident use. The 11 beauty salon will be located in a space which was dedicated to a whirlpool area that is not in use. 12 The residents have requested this on-site service. 13 Commissioner Gondorchin reported that after brief discussion the Planning Commission voted to 14 recommend approval of the Conditional Use Permit for a one-station beauty salon to be housed inside Autumn Woods subject to the following: 16 1. No exterior signage regarding the facility; 17 2. No advertising; and 18 3. The service be available only to residents of Autumn Woods. 19 20 Motion by Marks, second by Cavanaugh to approve a Conditional Use Permit for a one-station 21 beauty salon to be housed inside Autumn Woods Apartments, 2600 Kenzie Terrace, based on the 22 recommendations of the Planning Commission. 23 24 Motion carried unanimously. 25 B. Councilmembers. 26 Cavanaugh questioned the status of Village Fest. 27 Mayor Ranallo suggested that Cavanaugh call Steve Bartz or Bob Foster. He stated he could 28 help with the process if needed. 29 Cavanaugh noted that the large sign at the Stonehouse was only half lit. He also asked if 30 something could be done to clean up the rubbish containers on that site. Cavanaugh questioned the status of the Volunteer Appreciation Dinner that was discussed at the last Council work session. City Council Regular Meeting Minutes January 27, 1998 Page 8 • 1 Mayor Ranallo explained that for the last 10 to 15 years the City has hosted a dinner for all the 2 people who have volunteered. This has generally been held the last week in April. 3 Cavanaugh suggested that the event be held in the Community Center. He stated he would like 4 to see the City pursue this event as volunteers are a valuable asset and should be acknowledged. 5 Marks reported the Sister City Committee met on January 18, 1998. They are continuing 6 preparation for the visit of the Salo, Finland Band in April. The group will arrive on April 17 7 and depart on April 25. The Sister City Committee is in the process of developing a schedule 8 and will distribute it to Council as soon as it is completed. It is anticipated that there will be a 9 joint concert with the St. Anthony Orchestra on April 24 at the Community Center. Some of the 10 Finland guests will stay in hotels and others would prefer home stays. Some meals will also 11 need to be provided. 12 Thuesen reported his attendance at a Land Use Planning Workshop on January 24, 1998. He 13 found the workshop to be beneficial and helpful in clarifying items he had read in the draft 14 Comprehensive Plan. 15 Faust reported he had received a call from a resident in regard to new construction and concern 16 about the water flow. He stated he was certain that City Staff, the Building Inspector and the • 17 contractor will alleviate any problems. 18 C. Mayor. 19 Mayor Ranallo reported his attendance at a meeting on January 15, 1998 which was also attended 20 by Councilmembers Faust, Thuesen, and Cavanaugh; City Manager; residents of St. Anthony; 21 Senator John Marty; Representative Mary Jo McGuire; the League of Minnesota Cities; the 22 Association of Metropolitan Municipalities; representatives of the Metropolitan Council, Senator 23 Wellstone, and Senator Vento; and Commissioner Stenglien. The attendees stated the meeting 24 was informative and thanked the City for having it. Senator Marty suggested he would like to 25 find another person to_support him in getting funds for the City's flood-related activities. Marty 26 will keep the City informed as to when they will be required to testify before the-legislature. 27 Thuesen stated he had left the meeting more optimistic than he had been when he arrived. 28 D. City Manager. 29 1. Letters to Homeowners. 30 Mornson reported letters were sent to five homeowners last week in regard to purchase of their 31 homes. A deadline of February 18, 1998 has been imposed for response to those letters. 32 2. Senator Marty's Update on Flood Legislation. 33 Mornson reported that subsequent to the meeting on January 15, 1998, a legislative strategy, in 34 regard to testifying before the legislature, has been put into place. Mornson explained he is the • 35 main contact with Senator Marty's Office and will be responsible for calling the Mayor, City Council Regular Meeting Minutes January 27, 1998 • Page 9 1 Councilmembers, the Association of Metropolitan Municipalities, and all units of local 2 government. Councilmembers Faust and Cavanaugh are responsible for contacting members of 3 the Storm Water Task Force and also encouraging them to contact other residents who are not on 4 the Task Force but may be willing to testify. Councilmembers Faust and Cavanaugh are also 5 responsible for contacting the County Commissioners. 6 Senator Marty has met with the legislators in St. Paul and Minneapolis, and possibly other cities 7 who may have received flood damage. As a result of that meeting, Senator Kelly will be 8 sponsoring a flood legislative bill which is currently being written. Copies will be distributed 9 upon completion of the document. In addition, the Ramsey County Commissioner has a lobbyist 10 and they adopt a legislative package every year which they amended at the Board meeting today 11 to include $4.5 million for the City of St. Anthony. 12 Mayor Ranallo expressed concern that Senator Kelly is from St. Paul. He also cautioned that the 13 monies not be dispersed on a per capita basis. 14 Cavanaugh suggested that City,Staff discuss the matter with Warren Spannus of the Dorsey & 15 Whitney Law Firm and ask his opinion in regard to the bonding issue. Ranallo suggested City Staff could talk with Jerry Gilligan of Dorsey & Whitney to see if Mr. Spannus would be able to assist the City. He also noted that Vern Peterson, resident of St. 18 Anthony and previously the Executive Director of AMM, will assist the City if requested. 19 Mornson noted the City of St. Anthony was not pursuing the bonding bill. Rather, they were 20 pursuing the grant program which is available through the surplus. 21 Cavanaugh stated he still believed in the lobbyist approach. It is better to have someone on the 22 property working for the City. 23 3. WSB Meeting to Discuss Grant Programs and Other Flood Related Activities. 24 Mornson reported he and Public Works Director Jay Hartman will be meeting with WSB to 25 discuss-the other programs recommended by the Storm Water Task Force. One topic of 26 discussion will be development of the Flood Proofing Grant Program. This will then be 27 presented to the Council in March with the goal of having the program in place by early spring. 28 The sump pump program and a plan to inform residents of the possible appearance of the area 29 where the five homes will be removed will also be discussed. 30 4. Comprehensive Plan Update. 31 Mornson reported City Staff is currently negotiating with the Metropolitan Council in regard to 32 the household transportation and waste water numbers included in the Comprehensive Plan. A �4 3 public hearing will be help in May followed by formal adoption of the Plan. He asked if the Council would like a representative of BRW to provide a summary of the Plan prior to the public 35 hearing. City Council Regular Meeting Minutes January 27, 1998 Page 10 • 1 There was Council consensus to ask BRW to provide a brief summary to the Council prior to the 2 public hearing. 3 5. Comprehensive Water Management Plan. 4 Mornson reported that WSB is in the process of reviewing feedback received from various State 5 organizations in regard to the Comprehensive Water Management Plan. A hearing is not 6 required prior to formal adoption of this Plan. Upon formal adoption, it will become part of the 7 Comprehensive Plan. 8 Cavanaugh requested that the a copy of the comments received be made available to the 9 Councilmembers. 10 6. Podium and Window of Doors Cost. 11 Mornson reported concern was expressed at the January Council work session that the Council 12 Chambers be made more friendly. Staff was directed at that work session to determine if the 13 inclusion of a podium and windows in the doors is feasible and to determine the costs. Mornson 14 reported the,podium and the windows are feasible. A podium with wiring would cost 15 approximately $2,000. Half windows in the existing doors would cost $550 per set or$1,500 for 16 all 3. New doors all windows would cost$1,300 per set or$3,900. 17 Motion by Cavanaugh, second by Marks to approve purchase of the podium and half windows in • 18 the existing four doors. 19 Mayor Ranallo verified that the new podium would be placed next to the current podium and that 20 the overhead could still be utilized. He expressed concern that windows in the doors would 21 allow a lot of noise and distraction into the Chambers. 22 Thuesen stated he was in support of the podium but was not certain he could justify the cost 23 involved of adding the windows to the doors. 24 Mayor Ranallo suggested that the Council approve the podium and try propping the door to the 25 Chambers open during meetings to determine if the noise level would be acceptable.. 26 Cavanaugh stated the issue was about more than the money. The issue is to provide the residents 27 with a sense of ease,to let them know that the Council is here and is open. He noted that 28 Community Services would also like windows installed in their doors. 29 Thuesen stated he would like to see the Council become more inviting and more visible. He 30 hoped that citizen involvement would increase within the next three years. This is one positive 31 aspect of installing the windows. City Council Regular Meeting Minutes January 27, 1998 • Page 11 1 Momson noted that windows were originally proposed for the Council Chambers when it was to 2 be located on the other side of the building. The Chambers was moved to this side for economic 3 reasons and the windows were canceled due to the close proximity to the gym. 4 Marks noted that most conference rooms he works in have windows and sound is not a problem. 5 He liked the idea of opening up the Chambers and recommended the Council vote in favor of 6 installation of the windows. 7 Faust noted that there are other areas of the building requesting installation of windows in the 8 doors. Staff has only investigated the cost of windows for the Chamber doors. He suggested the 9 Council approve the podium and have Staff investigate the windows further. 10 Vote on the motion: Marks voted aye. Cavanaugh, Faust, Ranallo, and Thuesen vote nay. 11 Motion failed. 12 Motion by Cavanaugh, second by Marks to approve purchase of the podium in the amount of 13 $2,000 and direct Staff to investigate the feasibility and cost of installation of windows in the 14 doors to include consultation with Community Services. 105 Motion carried unanimously. 16 7. Ruth Mason Hired to Cable Cast Council Meetings Beginning,February 10, 1998. 17 Momson reported Ms. Mason has a lot of experience working with the North Suburban Cable 18 Commission. The Council will begin live broadcast in March of 1998. At that point the 19 meetings will no longer be audio taped. He noted the written minutes are the official document 20 of record. 21 8. Falcon Heights/Lauderdale Quarterly Police Meeting. 22 Mornson reported that he and Police Chief Engstrom will be meeting with the Falcon 23 Heights/Lauderdale Police Departments to begin to negotiate the next two year contract. This 24 item will be on the agenda of the February 3, 1998 Council work session. 25 9. Police Officer Vacancy. 26 Momson reported the new Police Officer Brett Kernel, who was introduced at the January 13 27 Council meeting, has resigned. 28 10. Minneapolis Business Association- Officer of the Year Program. 29 Morrison reported the Minneapolis Business Association has named St. Anthony Police Officers 30 Jack Christman and Ron Leonard as Officers of the Year for their apprehension of three suspects who were suspected of a killing on Highway I-94 last August. A dinner will be held in their honor on March 25, 1998 at.Jack's Restaurant. Momson asked Councilmembers to let him know 33 if they plan to attend. City Council Regular Meeting Minutes January 27, 1998 Page 12 • 1 11. WEB Page and Flag- School. 2 Mornson reported the City has been working with the school over the past year and a contest was 3 held to develop a City of St. Anthony WEB page. The City offered $25 to the winning design 4 and the school also offered $25. The Council has not selected a winner. Mornson noted that one 5 year ago the school art,department students designed a City flag and the winner was promised 6 $25. The Council has not yet selected a winner.. 7 Cavanaugh reported he had met with John See and this issue had been discussed. Cavanaugh 8 recommended that the Council approve the third design in the packet for the WEB page. 9 Motion by Cavanaugh, second by Ranallo to approve the third design in the packet as the 10 winning design of the City WEB page. 11 Motion carried unanimously. 12 12. Computer Upgrade. 13 Mornson reported Staff has done an RPF for a computer consultant to perform an analysis of the 14 City's computer system. The lowest bid is from LDSI who is the consultant which is used by the 15 League of Minnesota Cities. This will be discussed at the February Council work session. 16 Mornson reported several Staff members will be attending a seminar on the Internet. • 17 13. Park Equipment Bid for Parks Task Force and City Council. 18 Mornson reported he has instructed Public Works Director Jay Hartman to work with 19 Community Services Director Kathy Knapp to develop an RFP for park equipment to be located 20 in the small enclosed play area. This will be sent out for proposals and will hopefully be ready 21 by the March Council work session. This will first be submitted to the Parks Task Force and 22 they will then develop a proposal for Council consideration. 23 Mornson noted there has been some concern expressed in regard to the,presentation made to the 24 Parks Task Force by WSB. WSB reported possible excavation of Emerald and Silver Point 25 Parks. Due to the amount of concern expressed, Mornson has asked WSB to run some models 26 showing possible design options. 27 Thuesen reported he has received calls from residents. 28 Marks explained that the presentation at the Parks Task Force meeting included the possibility of 29 excavation of two levels. The impression was that the day after a rain, the water would be down 30 and the field would be usable again. The real problem is that there is not much area for water 31 storage in the southwest quadrant of the City. 32 Cavanaugh noted WSB has included the property behind the Hunt's property in their proposal. 33 They are including other property beside park property. • City Council Regular Meeting Minutes January 27, 1998 • Page 13 1 Mayor Ranallo suggested WSB should hold a joint meeting with the Parks and the Storm Water 2 Task Forces to familiarize Parks Task Force members with the dilemma of the storm water. 3 Thuesen stated he had attended the Parks Task Force meeting and left without feeling any great 4 concern. He noted that within a day or so, even in extreme cases, the water will drain out. Drain 5 tiles and pumps will be installed. 6 Marks stated one concern he had was lowering the parks by eight feet would provide a whole 7 different sense of park. He noted that the report in 1992 had suggested a much deeper hole and 8 that this is a way of joint utilization of the parks for water storage and park land. He noted the 9 same type of thing has been done in Columbia Heights. 10 Faust stated he was astounded by the idea of a 8 to 10 foot hole. He had never heard that figure 11 in the discussions. 12 Morrison stated he will get clarification on the issue at the Thursday meeting with WSB. 13 14. Employee Recognition Lunch. 14 Morrison reported the Employee Recognition Lunch will be held on March 12, 1998 to recognize long-term employees. Ex-Councilmember Enrooth will receive a 15-year award and Mayor 06 Ranallo will receive a 20-year award. Councilmembers are invited to attend the lunch if their 17 schedule permits. 18 15. 33rd Avenue Project. 19 Mornson reported the bids for the 33rd Avenue Street Improvement Project will open on 20 February 12, 1998. The bids will be considered at the February 24, 1998 Council meeting. 21 Mornson reported the sidewalk policy for Minnesota State Aid roads has recently changed. 22 Sidewalks that exist on State Aid roads and are in need of repair can be reconstructed at State 23 Aid cost. 24 16. Changef Policy Public Works. Morrison Mo son reported the Public Works Department would like a change to be made over the next 26 two years. Currently, the City of St. Anthony performs the seal coating on City streets because 27 they have the equipment. The equipment they are using has become outdated,there are 28 Minnesota PCA and environmental rules that need to be met, and performing the service takes 29 away from other projects. The Public Works Department is proposing that within the next two 30 years seal coating of the streets be bid out. 31 Mayor Ranallo suggested Staff check with other cities in regard to their experience with hired 2 seal coating of the streets. 34 VIII. PUBLIC HEARINGS -None. I City Council Regular Meeting Minutes January 27, 1998 Page 14 • 1 IX. NEW BUSINESS. 2 A. Consider Proposal from BRW, Inc. for Park and Recreation Consulting Services. 3 Mornson explained this process was started in July of 1997 with the anticipation of a report by 4 January of 1998. This was an ambitious goal and Staff has asked BRW to submit a proposal for 5 continued services of up to another six months if needed. 6 Marks noted one of the problems was that the Task Force ran out of daylight in October. 7 Cavanaugh stated an extension of six months seemed to long. He suggested this issue was due 8 for closure. 9 Mornson noted that the Storm Water issues had slowed the progress of the Parks Task Force. He 10 stated closure was expected before June of 1998 even though the contract would be authorized 11 until then. 12 Thuesen noted the Parks Task Force is tentatively scheduled to make a presentation to the 13 Council on March 10, 1998. 14 Faust stated that the parks have.been neglected for 30 years. He would hate to see the Council 15 act in haste and set an arbitrary time limit. He stated he did not serve on the Parks Task Force • 16 but felt that the City owed the people who serve the respect of their opinion. 17 Motion by Marks, second by Thuesen to approve a contract for Park and Recreational Consulting 18 Services with BRW in an amount up to $3,000. 19 Motion carried unanimously. 20 B. Resolution 98-020, re: Participation in National Flood Insurance Program. 21 Motion by Faust, second by Marks to approve Resolution 98-020,regarding applying to 22 participate in the National Flood Insurance Program. 23 Mornson reported this issue has arisen because when the City submitted for the FEMA Grant 24 they were told they had to be part of the National Flood Insurance Program. He stated the City 25 will try to prevent being mapped because the City would then be designated as a flood zone. 26 Mayor Ranallo stated he had seen an advertisement by FEMA which stated that anyone could 27 qualify for flood insurance. 28 Mornson noted the information he had received said that the City may not have to be mapped. 29 Mornson noted there is $1.3 million available through FEMA. The City of St. Anthony is 30 requesting $700,000, the City of Minneapolis $300,000 and the City.of St. Paul is requesting $5 31 million. • City Council Regular Meeting Minutes January 27, 1998 • Page 15 1 Motion carried unanimously. 2 C. . Resolution 98-021, re: Authorize Submittal of Metropolitan Council Loan Application. 3 Motion by Marks, second by Faust to approve Resolution 98-013, authorizing submittal of 4 Metropolitan Council Environmental Services Loan Application for an Infiltration/Inflow 5 Reduction Project. 6 Mornson reported the loan application will be for$40,000 to be used for inspection of sump 7 pumps. If the City certifies to the Metropolitan Council that is continues to enforce the program 8 over a five year period the loan is forgiven. 9 Motion carried unanimously. 10 D. Approval of Pay Equity Implementation Report. 11 Mornson reported this report is required by the Department of Employee Relations every three 12 years. The City has a sub-contract with a consultant through AMM who has confirmed that the 13 City is in compliance. 14 Motion by Marks, second by Faust to approve Resolution 98-022, approving Pay Equity Implementation Report. 16 Motion carried unanimously. 17 X. UNFINISHED BUSINESS. 18 A. Ordinance 1998-001, re: Storm Water Facilily Rates ( 2nd Reading 1. 19 Stan Nelson, 3504 Maplewood Drive, stated there are three things which bother him about this 20 Ordinance. The first is that this is a large "tax" fee and should have a well-defined program in 21 place before it is implemented. The second is that the tax is open ended. This substantial open 22 ended increase tells other agencies such as the State of Minnesota and FEMA,that the residents 23 of the City of St. Anthony can afford to fund the full cost of these improvements on their own. 24 Mr. Nelson recommended approval of a time limit on the ordinance which will automatically 25 reduce the fee to a level which provides money only to service storm water facilities. The third 26 item is that the ordinance is not specific as to what types of flooding proofing projects will be 27 considered with these funds. He suggested that a paragraph be added that states that 28 expenditures for flood proofing individual properties will not be considered reimbursable. 29 Mr.Nelson stated that the City Attorney has advised that offering flood proofing services is 30 unwise as it must be offered to all residents of the City, it must be in the best interest of the City 31 as a whole, and it would require the development of complex rules. Mornson stated that the letter from the City Attorney which states that this is unwise is in response to an individual request for direct assistance for damage from the July 1 storm event or 34 for repair of the damage. The City Attorney further went on to state that providing a grant City Council Regular Meeting Minutes January 27, 1998 Page 16 • 1 program for flood proofing could be done if it is done for the entire community and it is shown 2 that it will benefit the entire community. 3 Mr.Nelson suggested the City should not have such a complicated program. The City's role 4 should stick strictly with repairs to the street, holding ponds, and infrastructure. 5 Roy Genaw, 3404 Roosevelt Street NE, stated he felt the increase in the Storm Water Utility Fee 6 should be based on a square footage basis. He questioned the proposed increase to commercial 7 properties of 2.5%. He objected to paying the increase in the fee. 8 Cavanaugh stated there was an inequity in the fee when it was $3 per quarter. When the original 9 ordinance was passed it was decided that it should be a flat fee per lot due to the complexity of 10 determining the fee on a square foot basis. - 11 Mayor Ranallo stated he agreed with Mr. Genaw. He objected to a person with a lower value 12 home paying the same fee as a resident with a higher valued home. 13 Mr. Genaw stated he agreed that Mayor Ranallo objected but not on the same basis. 14 Cavanaugh stated the issue was complex. He stated he owns a large lot but his lot holds the • 15 water rather than contributing to the run off situation. He stated the City does have a specific 16 plan provided by WSB. The flood proofing will only be provided to residents who can 17 demonstrate they are receiving public water. 18 Faust noted that an increase in the Fee to $52 per year will only pay for 25% of the costs of the 19 improvements. This will demonstrate however, that St. Anthony is willing to shoulder their 20 share of the cost. The City of St. Anthony does not know how the improvements will be funded 21 if they do not receive funds from other sources. The proposed package has been developed with 22 outside experts and forces and the City feels that it is a good plan. 23 Mr. Nelson stated the ordinance should contain a cap after 15 years. 24 Faust stated this ordinance does include a natural sunset. There is a certain trust and confidence 25 in the elected officials and electorate that the Council will spend their money wisely. The 26 ordinance needs to be left open ended so that future Councils are able to make their own 27 decisions. He stated there are too many variables involved to calculate the Storm Water Utility 28 Fee on a square foot basis. The option has been discussed by the Storm Water Task Force and is 29 not feasible. 30 Thuesen stated there are too many factors involved to determine the Storm Water Utility Fee on a 31 square footage basis. The Council has no great pleasure in increasing the fee but needs to 32 increase the fee to show a good faith effort in order to obtain grant money. The Council will not • 33 extend the increase any longer than they have to. I City Council Regular Meeting Minutes January 27, 1998 • Page 17 1 Marks explained the City does perform a periodic review of rates in conjunction with the budget 2 process. 3 Motion by Cavanaugh, second by Faust to approve the 2nd reading of Ordinance 1998-001, 4 relating to storm water facility rates, amending Section 625.01 of the 1993 St. Anthony Code of 5 Ordinances. 6 Marks noted that the charge on the ordinance should be listed as "per year". 7 8 Voting on the motion: Cavanaugh, Faust, Marks, Thuesen voted aye. Ranallo voted nay. 9 Motion carried. 10 B. Ordinance 1998-002, re: Sump Pumps (2nd Reading 1. 11 Morrison explained that after further review of other suburban ordinances on sump pumps, he 12 would recommend the Council select the date of December 31, 1999 rather than January 1, 1999 13 as the compliance date for the sump pump ordinance. The rational is as follows: 14 1. The City will not know if it obtained funding from the Metropolitan Council until April. 2. The engineering firm the City selects to conduct the inspections will give the City a better rate over the winter months -November, 1998 to March, 1999. 17 3. Many of the suburbs spent the first year promoting the ordinance via cable, newsletters, 18 etc. Many of the property owners would start complying immediately, which would 19 reduce the number of people at the neighborhood meetings. 20 4. If the City tries to get it done this spring, I feel it may be too much stress on the Staff with 21 the home buy-out program, grant program, and other programs that may be implemented. 22 Mayor Ranallo noted that in January one-fourth of the population is away from the City. He also 23 noted the proposed changes will increase the sewer rate because more water will be going 24 through the system. 25 Morrison stated that one item the City of Plymouth used to promote the ordinance was that 26 residents would save money on their sewer bill. The ordinance will also help with the flooding 27 issue. 28 Cavanaugh stated that more than two years was an extraordinary amount of time. He questioned 29 if WSB could help Staff with some items to relieve some of the stress. 30 Morrison noted that the original schedule proposed public hearings to begin in March. 550 31 property owners will need to be noticed per meeting, and there may be up to 4 or 5 hearings. 0 Faust noted the main reason for the delay is the educational process of the public. This would 33 help to ensure compliance. City Council Regular Meeting Minutes January 27, 1998 Page 18 1 Cavanaugh stated the ordinance was not contingent on receiving the $40,000 funding. He stated 2 the community has to see this with a sense of urgency. This is a festering, smelly issue that has 3 cost a lot of money. He encouraged Staff to find a means of assistance so the date for 4 compliance does not have to be changed. 5 Morrison proposed that the Ordinance be changed as follows: Under(c) add: unless inspected 6 prior to that date and then they have 45 days to disconnection, and under(e)Properties which fail 7 during the first inspection shall be reinspected within 45 days to allow corrections to be 8 completed. 9 Motion b Faust, second b Thuesen to approve the 2nd reading of Ordinance 1998-002, Y Y pP g i 10 prohibiting discharges into the Sanitary Sewer System; amending Chapter 13, Section 1335.15, 11 Subd. 8, of the 1993 St. Anthony Code of Ordinances with the stated changes. 12 Motion carried unanimously. 13 XI. ADJOURNMENT. 14 Motion by Marks, second by Faust to adjourn the meeting at 9:21 P.M. 15 Motion carried unanimously. • 16 17 Respectfully submitted, 18 Lorri Kopischke 19 Timesaver Off Site Secretarial, Inc. 20 21 Mayor 22 ATTEST: 23 City Clerk • Saint Anthony Village Date: February 10, 1998 Approval To: Mayor and Councilmembers From: Judy Monson, License Clerk Item: License and Permits for Approval: General Contractors License: McGough Construction Co., Inc., St.'Paul, MN/ St. Charles Church Heating_Contractors License: Associated Mechanical Contractor, Shakopee, MN/ 3512 Silver Lake Road River City Sheet Metal Inc., Coon Rapids, MN/ 2821-32nd Avenue NE • Service Station License: Freedom Valu Centers, Inc., 3810 Silver Lake Road Cigarette License: Freedom Valu Centers, Inc., 3810 Silver Lake Road/counter sales Saint Anthony Village • DATE: February 10, 1998 Approval: TO: Mayor and Councilmembers From: Judy Monson, License Clerk ITEM. Licenses and Permits for Approval 3.2 Beer Permit - Off Sale: Freedom Valu Centers, Inc., 3810 Silver Lake Road • DORS EY & WHITNEY L L P • P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota January 23, 1998 Attn: Mr. Michael J. Mornson Invoice No. 596823 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 12/31/97 Client-Matter No: 178820-00047 General David Gottlieb $ 290 . 00 Tires Plus Property $ 135 . 00 Matters regarding Flooding Issue's $ 135 . 00 Street Project $ 335 . 00 Zoning Issues $ 65 . 00 12/03/97 Meeting $ 250 . 00 12/17/97 Meeting $ 135 . 00 Review agenda materials and minutes; discussions with City Manager $ 195 . 00 Total For Legal Fees $1, 540 . 00 Plus Disbursements Per Attached $ 19 .26 • Total This Statement $1, 559 .26 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT KKE Korsunsky Krank Erickson Architects,Inc. 300 First Avenue North Minneapolis, MN 55401 612/339-4200 FAX 342-9267 Letter of Transmittal Project: SAV Liquor KKE No. 95-08-1179-25 To: Mr. Mike Mornson St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Date: January 19, 1998 Via: Mail . Quantity Date _ Description 2 1/12/98 Payment Application No.5 Remarks: For payment. Note that we are still holding retainage until all final"punch list" items have been completed. The next payment application will very likely have the change order as approved by the council and the last of the retained amounts. All final lien waivers will be required and all maintenance manuals will be required prior to my certification of the last payment application. Call me if you have any questions. Signed: Michael D. Knisely, AIA. kp Copies To: Lund Martin -Tom Randall (1 Copy) • Payment Application File Architecture Planning Interior Design APPLIAION AND CERTIFICATE FOR PAYMEOIA DOCUMENT G702 (Instructions on reverse side) PAGE ONE PAGES TO OWNER: Saint Anthony Village PROJECT. S A V Liquor APPLICATION NO.: 5 Distribution to: 3301 Siler Lake Road PERIOD TO: 12/31/97 ❑ OWNER St.Anthony ,MN 55418-1699 PROJECT NOS.: 97467 ARCHITECT ARCH PROJ NO: 95-08-1179 ❑ CONTRACTOR FROM CONTRACTOR: Lund Martin Construction VIA ARCHITECT: K K E Architects. Inc. CONTRACT DATE: 6/24/97 j Accounting 3023 Randolph St N E 300 First Avenue North APPLICATION DATE: 1/12/98 ❑ Minneapolis,MN 55418 Minneapolis,MN 55401-168 INVOICE NO: CONTRACT FOR: General Construction CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,infor- mation and belief the Work covered by this Application for Payment has been completed Application is made for payment, as shown below, in connection with the Contract. in accordance with the Contract Documents, that all amounts have been paid by the Continuation Sheet, AIA Document G703, is attached. -Contractor for Work for which previous.Certificates for Payment were issued and pay- 714,100.00 ments received from the Owner, and that current payment shown herein is now due. I. ORIGINAL CONTRACT SUM. . . . . . . . . . . . . ... . . .3 CONTRACTOR: Lund Martin Construction 2. Net change by Change Orders . . . . . . . . . . . . . . .S 714,100.00 _ , ��� Date: January 12, 1998 3. CONTRACT SUM TO DATE (Line 1 t 2). . . . . . . .S Y 714100.00 Tom Randall- 4. TOTAL COMPLETED & STORED TO DATE . . . . . .S , State of: MN (Column G on G703) County of: Hennepin 5. RET NAGE• Subscribed and sworn to before Qy YNN R.BODENSTEINcR a. Ag /E of Completed Work $ 35,705.00 NOTARY PUBLIC-MINNESOTA 5 o me this 12 day of January. 98 (Columns D + E on G703) (� u Comm.Expires Jan.31,2000 0.00 —IC.. b. '5. % of Stored Material 8 (Column F on G703) Notary Public: Lyn Bodensteiner Total Retalnage (Line Sa + Sb or 35,705.00 My Commission expires: 1/31/00 Total in Column I of G703) . . . . . . . . . . . :. . . . .S 6. TOTAL EARNED LESS RETAINAGE. ... . . . . . . . . .S 678,395.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 less Line 5 Total) LESS OWNER P.O.'s...$ 0.00 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT In accordance with the Contract Documents,based on on-site observations and the data (Line 6 from prior Certificate) . . . . . . . . . . . . ... . . .$ 503,373.65 comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge,information and belief the Work has progressed as indicated,the 8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . . S 175,021.35 quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE 35,705.00 . , • ,$1$,OQ (Line 3 less Line 6) S AMOUNT CERTIFIED . . . . . . . . . . . . . . . . . . . . . . (Attach explanation if amount certified differs from the amount applied for. Initial CHANGE ORDER SUMMARY 'ADDITIONS DEDUCTIONS all figures on this Application and on the Continuation Sheet that are changed to conform to Total changes approved in previous months by Owner. See Attached(Page 3) Change Orders ARCHI'T Total approved this Month i3y: Date: I TOTALS This Certi icate is not negotiable.' he AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by Change Order tractor named herein. Issuanc payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under.this Contract. A AIA DOCUMENT G702•APPLICATION AND CERTIFICATE FOR PAYMENT• IIY)2 EDITION • AIAO THE AMERICAN INS-rITt1TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000&5292 • WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. G702-1992 .. CAUTION:You should use an original AIA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced. ORIGINAL CONTRACT PAGE 2.1 PAGE NO: 2.1 . OF: 2 SUBMITTED FROM: Lund Martin Construction PROJECT: S A V Liquor 3 - APPLICATION NUMBER: 4 023 Randolph St N E Minneapolis, MN 55418 CONTRACTOR'S PROJECT NO: 97467 APPLICATION DATE: 1/12/98 CONTRACT FOR: General Construction ARCHITECTS PROJECT NO: 95-08-1179-25 PERIOD FROM: 11/1/97 TO: 12/31/97 . A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE NO. VALUE AND STORED % TO FINISH PREVIOUS STORED TO DATE. G/C (C-G) APPLICATIONS WORK IN PLACE MATERIALS (D+E+F) Mobilization 22,800.00 22,800.00 0.00 . 0.00 22,800.00 100% 0.00 1,140.00 02070 Demolition 29,500.00 29,500.00 29,500.00 100% 0.00 1,475.00 02200 Earthwork 18,040.00 16,524.00 1,516.00 18,040.00 100% 0.00 902.00 02500 Paving 31,200.00 31,200.00 31,200.00 100% 0.00 1,560.00 02700 Site Utilities 42,250.00 42,250.00 42,250.00 100% 0.00 2,112.50 03300 Concrete&Masonry 140,115.00 140,115.00 140,115.00 100% .0.00 7,005.75 05100 Steel,Joist&Fabrications 22,417.00 22,417.00 22,417.00 100% 0.00 1,120.85 06100 Rough Carpentry 6,515.00 6,515.00 6,515.00 100% 0.00 325.75 06200 Finish Carpentry 8,330.00 8,330.00 8,330.00 100% 0.00 416.50 07500 Roofing 102,715.00 61,764.00 40,951.00 102,715.00 100% 0.00 5,135.75 07900 Sealants 450.00 225.00 225:00 450.00 100% 0.00 22.50 081100 H.M.Wood Doors,&Hardware 6,525.00 4,757.00 1,768.00 6,525.00 100% 0.00 326.25 08358 Double Acting Doors 1,364.00 1,364.00 1,364.00 100% 0.00 68.20 08362 Overhead Doors 955.00 ' 955.00 955.00 100% 0.00 47.75 08410 Alum.Storefront&Enrties 25,400.00 12,500.00 12,900.00 25,400.00 100% 0.00 1,270.00 09250 Drywall&EIFS 42,600.00 32,500.00 10,100.00 42,600.00 100% 0.00 2,130.00 09300 Tile 3,109.00 1,500.00 1,609.00 3,109.00 100% 0.00 155.45 09500 Acoustical Ceilings 880.00 880.00 880.00 100% 0.00 44.00 09600 Flooring 6,780.00 6,780.00 6,780.00 100% .0.00 339.00 09900 Painting 9,740.00 9,740.00 9,740.00 100% 0.00 487.00 10520 Fire Extinguisher 135.00 135.00 135.00 100% 0.00 6.75 10800 Toilet Accessoies. 544.00 544.00 544.00 100% 0.00 27.20 12392 Cabinets 2,836.00 2,836.00 2,836.00 100% 0.00 141.80 15100 Mechanical 40,000.00 27,000.00 13,000.00 40,000.00 100% 0.00 2,000.00 15300 Fire Protection 11,900.00 11,900.00 11,900.00 100% 0.00 595.00 15400 Plumbing 24,500.00 20,000.00 4,500.00 24,500.00 100% 0.00 1,225.00 16000 Elecrtical 57,500.00 48,000.00 9,500.00 57,500.00 100% 0.00 2,875.00 General Conditions 55,000.00 41,500.00 13,500.00 55,000.00 100% 0.00 2,750.00 Contract Page 2.1 Totals $714,100.00 $529,867.00 $184,233.00 $0.00 $714,100.00 100% $0.00 $35,705.00 FINANCIAL SYSTEM ST . ANTHONY VILLAGE 01/29/98 10: 16 Check Register GL540R-VO4.40 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT .00001 A.A. BATTERY CO. 12460 01/29/98 69. 17 004009 AETNA LIFE & CASUALTY 12461 01/29/98 627 .24 004225 ALLIANT FOODSERVICE 12462 01/29/98 386.59 004030 ASCAP 12463 01/29/98 663.20 .00002 BRAUN INTERTECH CORP 12464 01/29/98 277.60 004081 CITY COUNTY FED. CREDIT 12465 01/29/98 275.00 004107 COMPTON 'S COMMERCIAL CLN 12466 01/29/98 2,445.95 .00003 CORP. TRUST SERVICES 12467 01/29/98 156.00 .00004 DARBY O'GILL , INC. 12468 01/29/98 492.60 004120 EAGLE WINE CO 12469 01/29/98 2,041 .85 004143 FIRST CONCORD FINANCIAL 12470 01/29/98 184.55 004410 FIRSTAR ST ANTHONY BANK 12471 01/29/98 5,000.00 004411 FIRSTAR ST ANTHONY BANK 12472 01/29/98 10,000.00 004141 FRITZ COMPANY , INC. 12473 01/29,(98 1 ,064.42 004185 GHI HEALTH PARTNERS 12474 01/29/98 466.74 .00005 GRAPE BEGINNINGS,' INC. 12475 01/29/98 387 .00 004175 GRIGGS COOPER & CO INC 12476 01/29/98 23,530.59 004202 HENN CTY SUPPORT & COLL 12477 01/29/98 105.78 dh .00006 HOME DEPOT 12478 01/29/98 114.97 004208 I C M A RETIREMENT TRUS 12479 01/29/98 25.00 004220 JOHNSON BROS. LIQ. 12480 01/29/98 15,670.90 004241 LILLIE SUBURBAN NEWSPAPE 12481 01/29/98 400.00 004234 LMCIT 12482 01/9 98 161 .46 004250 LUNDGREN/MATTHEW H . 12483 01/29/98 104.00 004365 MEDICA CHOICE 12484 01/29/98 1 ,555.25 004272 METZ BAKING CO 12485 01/29/98 69.76 004275 MIDKIFF/TERRI 12486 01/29/98 150.00 004318 NAT FINANCIAL INS CO 12487 01/29/98 9.50 004334 NORTHEASTER 12488 01/29/88 3 . 004346 OMEGA PUBLISHING 12489 01/29/98 190.00 _ 004354 PAUSTIS &SONS 12490 01/29/98 487.40 004360 P-FTlL=S-WEE 0 SPIRITS x2491 0-I-/-2-9�9F8 1-0 246:32 004376 PRIOR WINE CO 12492 01/29/98 3,070. 13 004404 ST. A. LIQUOR #2 PC 12493 01/29/98 85.09 004463 FG-C� 134�3�01 29098 1/0.04 004466 SYSCO-MINNESOTA 12495 01/29/98 379. 11 004492 U S WEST COMMUNICATIONS 12496 01/29/98 31 .98 00 498 U N E-TFSURAN-C- r2 d 97-0-f-/-2 9x97 I-r-.90 LIQUOR CHECKING ACCOUNT 81 ,463.09 *** • BR INANCIAL SYSTEM ST . ANTHONY VILLAGE 02/98 14 :52 Check Register GL540R-VO4 .40 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIAR---L-IQUOR CHECKING ACCOUNT-- ._ - 004081 CITY COUNTY FED. CREDIT 12343 01/31/98 275. 00 00441-1---------FIRSTAR ST- ANTHONY---BANK 12344 01/31/98 . -10 ,000:00 - --- 004410 FIRSTAR ST ANTHONY BANK 12345 01/31/98 5.,000. 00 .00001 GRAND CASINO HINCKLEY . .12346 01/31/98 109. 39 004250 - - LUNDGREN/MATTHEW H . 12347 01/31/98 104. 00 . ---- 004275 MIDKIFF/TERRI 12348 01/31/98 150.00 004316 N .O. T . TRUCKING 12,349 01/31/98 1 ,492.00 - -004401- -ST.A�LIQUOR #1- -PC 12350 01/31/98 IS8. 57 ---- 004009 AETNA LIFE & CASUALTY .12351 01/31/98 627 . 24 004225 ALLIANT FOODSERVICE 12552 01/31/98 796. 64 -004120------EAGLE--WINE--CO-------_ - -- -- -- ---- .12353 01/31/98 --- 004141 FRITZ. COMPANY, INC. 12354 01/31/98 3 ,214 . 95 .00002 GRAPE BEGINNINGS 12355 01/31/98 861 . 50 --004417-5 - GRIGGS -,COOPER-& -CO INC- -- 12356 01/31/98 8,993. 31 --- 004202 HENN CTY SUPPORT & COLL 12357 01/31/98 105. 78 004208 I C M A RETIREMENT TRUS 12358 01/31./98 25.00 00.4220 JOHNSON EROS. LIQ. 12359 01/31/98 13,285. 59-- --- 004234 LMCIT 12360 01/31/98 161 . 46 4272 METZ BAKING CO 12361 01/31/98 67 . 36 4318 NAT FINANCIAL - INS CO 12362 01./31%98 9 . 50 -- 004354 PAUSTIS & SONS .12363 01/31/98 1 , 006 . 81 004360 PHILLIPS WINE & SPIRITS 12364 01/31/98 4., 247 . 52 004376 PRIOR- -WINE -CO - - - - 12365 01/31/98 2 ,3.19. 25 -- 004380 PUBLIC EMPLOYEE RETIREME 12366 01/31/98 1 ,396.86 004385 QUALITY WINE CO 12367 01/31/98 8,975. 76 004285 STAR TRIBUNE 12368 01/31/98 54.02 --- 004466 SYSCO-MINNESOTA 12369 01/:31/98 147 .60 004410 FIRSTAR ST ANTHONY BANK 12370 01/31/98 4,000.00 004411 FIRSTAR ST ANTHONY--BANK 12371 01/31/98 10,000.00 -- 004250 LUNDGREN/MATTHEW H . 12372 01/31/98 104 .00 004275 MIDKIFF/TERRI 12373 01/31/98 150.00 -004225- - --ALL-IANT FOODSERVICE 12442 01/31/98 - -_ .. __..._-. -454..52. 004085 CITY OF ST ANTHONY 12443 01/31/98 628.35 004120 EAGLE WINE CO 12444 01/31/98 2,627 .04 12445- 01/31/-98---- --- ---55,308-.-85-------_ ---- 004410 FIRSTAR ST ANTHONY BANK 12446 01/31/98 4,000.00 004411 FIRSTAR ST ANTHONY BANK 12447 01/31/98 10 ,000. 00 - 004-175 ---GRI-GGS--COOPER--&-CO-INC---- -- . . 12448 01/31/98 -----------4-,-623 .08-------.- 004220 JOHNSON BROS. LIQ. 12449 01/31/98 16,921 .29 004250 LUNDGREN/MATTHEW H . 12450 01/31/98 104.00 -------004272--- -1-2451 01/31/-98----------- -----103-.38--- 004275 MIDKIFF/TERRI 12452 01/31/98 150.00 004290 MINNEGASCO 12453 01/31/98 1 , 432. 70 0 4376 PRIOR WINE CO 12455 01/31/98 2,200. 18 4380 PUBLIC EMPLOYEE RETIREME 12456 01/31/98 1 , 734. 84 --.--004385-------QUA L I T Y-WINE-CO----------------._.... ... . 124.57 . 01/_31/_98--.------.-4_,G5.7 2--7------ .- 004466 SYSCO=MINNESOTA 12458 01/31/98 314.92 ---_-_ -L-I.QU.OR--CREC.KIN-G_AC-COUNT- -. BRC FINANCIAL SYSTEM ST. ANTHONY VILLAG 02/04/98 14:33 Check Register GL540R-VO4.40 PWGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 007835 A T & T 6067 .02/11/98 22. 46 008227 AIRTOUCH CELLULAR 6068 02/11/98 300.73 000120 AMERICAN LINEN 6069 02/11/98 15.00 005201 AMERICAN STORES 6070 02/11/98 11 .60 007201 APACHE GROUP 6071 02/11/98 479.71 .00017 AT & T 6072 02/11/98 0. 87 .00001 8 & S INDUSTRIES 6073 02/ 98 110.85 .00009 BARNES & NOBLE 6074 02/11/98 30.00 007048 BARTON SAND AND GRAVEL 6075 02/11/98 770.70 008134 BERKLEY INS. SERVICES 6076 02/11/98 377.00 .00010 BEST BUY CO. 6077 02/11/98 30.00 007164 CARLSON EQUIPMENT. CO 6078 02/11/98 59.64 005198 CENTRAL LOCK & SAFE CO 6079 02/11/98 44.83 .00006 COAST TO COAST 6080 02/11/98 75.00 000685 COAST TO COAST 6081 02/11/98 249.39 007383 COMMERS 6082 02/11/98 72.23 007218 . COMPRESS AIR & EQUIPMENT 6083 02/11/98 3, 184. 35 007377 COMPTON 'S COMMERCIAL CLE 6084 02/11/98 3,680.64 007387 CONSTRUCTION MARKET DATA 6085 02/11/98 269.70 008130 DARE AMERICA 6086 02/11/98 41 .06 .00007 DAYTONS 6087 02/11/98 40.00 .00011 DEAN STEINKE 6088 02/11 98 50.00 .00003 DNR WATERS 6089 02/11/98 1 ,218.95 005048 DPC INDUSTRIES INC 6090 02/11/98 620.70 .00002 DRIVER & VEHICLE SERVICE 6091 02/11/98 324.00 008164 DULZ/KIMBERLY 6092 02/11/98 7.80 .00015 FINANCE AND COMMERCE 6093 02/11/98 43.94 005251 FIRE INSTRUCT ASSOC OF M 6094 02/ 98 35.00 001025 G & K SERVICES 6095 02/11/98 33.37 1 001030 G & K SERVICES 6096 02/11/98 304.93 i 001110 GENERAL IND SUPPLY 6097 02/11 98 19.77 008120 GENERAL OFFICE PRODUCTS 6098 02/11/98 167.74 008199 GOLD COUNTRY INC. 6099 02/11/98 563.01 001200 GOPHER BEARING 6100 02/11/98 97.05 007059 GOVERNMENT TRAINING SERV 6101 02/11/98 107 .00 001420 HAWKINS WATER TREATMENT 6102 02/11/98 405.50 i 001505 HENN CO SHERIFF 6103 02/11/98 214 . 18 .00004 HENNEPIN COUNTY TREAS. 6104 02/11/98 1 ,633.92 008187 HENNEPIN COUNTY TREASURE 6105 02/11/98 458.00 ,i 000742 KROEPLIN CONNIE 6106 02/11/98 001980 LEAGUE OF MN CITIES 6107 02/11/98 221 .46 .� 001981 LMCIT 6108 02/11/98 15,220.50 008229 LOFFLER BUSINESS SYSTEMS 6109 02/11/98 431 . 18 �i 008255 LUCENT TECHNOLOGIES 6110 02/11/98 25.50 i 008171 M F A P C 6111 02/11/98 35.00 ,I .00014 MALEFI 6112 02/1-1-798 15.00 002130 MAMA 6113 02/11/98 16.00 .00006 MAMA - LEAGUE MN CITIES 6114 02/11/98 2,515.00 RC N.ANCI-A L-BYS EM ST . ANTHONY VILLAGI 02/04/98 14:33 Check Register GL540R-VO4.40 PAGE ANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 008279 METRO COUNCIL ENVIR SERV 6115 02/11/98 1 ,980.00 002240 METRO COUNCIL ENVIRONMEN 6116 02/11/98 45,883.25 09_Q07 MTA�LS 61.17 02/11/98 37.91 'I 007359 MIDWEST COCA-COLA BOTTLI 6118 02/11/98 151 . 15 I 00008 MN COUNTIES INSURANCE TR 6119 02/11/98 250.00 Q0009 MN_RQL.-CE-R-E_GRUITMNT SYS 6120 02 11/98 173. 45 'I 007356 MOORE-SYKES/KIM 6121 02/11/98 62. 11 007312 NORTH AMERICAN SALT COMP 6122 02/11/98 221 .32 42x589 NOBIHBB_N�TATES PQWER_ ___._ 6123 02/11/98 4,922.54 007317 NORTHERN WATER WORKS SUP 6124 02/11/98 212.98 000045 OFFICE DEPOT 6125 02/11/98 40.97 ' 8276 PITNE�6�Jnl8 I_N 6126 02/11/98 172.28 007057 PRAXAIR 6127 02/11/98 12.22 .00010 RDAVID PHOTOGRAPHY 6128 02/11/98 45.26 'I 97376 RDQ_EINANC AL SERVICES C 6129 02/11/98 210.70 005293 ROAD RUNNER 6130 02/11/98 14.60 .00008 ROSEDALE MALL 6131 02/11/98 30.00 Q00-02 SANDRA BLOOD 6132 02/11/98 100.00 003315 SERCO LABORATORIES 6133 02/11/98 270.00 008042 SIGNS BY NORTHLAND 6134 02/11/98 106.92 .00003 SURPLUS SERVICES 6.13.5_02/11/98 70.00 .00012 TECHNICAL REPRODUCTIONS 6136 02%11/98 149.67 ' 008202 TIMESAVER OFF SITE SECRE 6137 02/11/98 369.75 .0000S TONY LUSVARDI _ . 61.38 02/11/98 25.00 003567 TRADE TOOLS INC 6139 02/11/98 40.64 007330 TRI STATE BOBCAT , INC. 6140 02/11/98 8. 53 .00005 TWIN CITY GARAGE DOOR CO _ 6141 02111/98 _ 186.56 .00012 ULTIMATE DATA 6142 02/11/98 7,963.48 .00011 ULTIMATE GOLF 6143 02/11/98 75.00 008010 UNIFORMS UNLIMITED 6144 02/11/98 157 . 45 003700 VIKING SAFETY PRODUCTS 6145 02/11/98 10.92 003735 WASTE MGMT 6146 02/11/98 100.62 J FIRSTAR ST . ANTHONY CHECKING 98,712.37 ** 9 1 3 Fj ill BRC FINANCIAL SYSTEM ST . ANTHONY VILLAGE # 04/98 17 :54 Check Register GC540R�04-40 PAGE B NK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004225 ALLIAI� F`UC�DR 12501 62jC5C98 85:57 004293 BELLBOY CORP. 12502 02/05/98 304.25 004079 CHECKCARE SYSTEMS 12503 02/05/98 225.00 004143 F fF: S OKCORti F­I-NATNIC`I A L 1250-4--G2/"65096 272 799 004410 FIRSTAR ST ANTHONY BANK 12505 02/05/98 3,000.00 004411 FIRSTAR ST ANTHONY BANK 12506 02/05/98 10,000.00 RS7AR ST—AlgTfl-ONY-BANK— 125O7-02/0-5098 0-000.-00 004141 FRITZ COMPANY, INC. 12508 02/05/98 1 ,331 .61 004157 GETTMAN HOWIE, INC. 12509 02/05/98 132.50 004201 H ZZA 1-2-5-f0_92-t95/98 102.6b 004220 JOHNSON BROS. LIQ. 12511 02/05/98 2,355.62 .00002 LUND MARTIN CONST. 12512 02/05/98 175,021 .35 .00003 LUN G FfE 2513 02705795 4.00 004250 LUNDGREN/MATTHEW H. 12514 02/05/98 104.00 .00004 MIDKIFF/TERRI 12515 02/05/98 150.00 004275 MIDI IT-FTTER-R 12 98 Is . 004316 N .O. T . TRUCKING 12517 02/05/98 934.00 004339 NTN COMMUNICATIONS 12518 02/05/98 601 .50 004354 P A SONS 2519 62005/98 98-60 004380 PUBLIC EMPLOYEE RETIREME 12520 02/05/98 1 ,646. 33 004385 QUALITY WINE CO 12521 02/05/98 5,710.95 ITEDF-E-OB-STE 522 02005/-98 13 0. 004401 ST.A. LIQUOR #1 PC 12523 02/05/98 190.28 004285 STAR TRIBUNE 12524 02/05/98 32. 12 004463 —PR"ODU"CTS M'F-G—C 12525-02/-05/-9 —47—.6-1— 004466 SYSCO-MINNESOTA 12526 02/05/98 239.31 .00006 TARGET 12527 02/05/98 40.00 . PA NY/TFIE —12-528-02/0579 8 3 LIQUOR CHECKING ACCOUNT 215,242.28 *** CITY OF ST. ANTHONY NOTICE OF HEARING ON STREET IMPROVEMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of St. Anthony, Minnesota, will meet in the Council Chambers of the City Hall at 7:00 P.M. or as soon thereafter as possible, on Tuesday, February 10, 1998, 'to consider making the following improvements: 1998 STREET AND UTILITY IMPROVEMENTS PROJECT This project consists of street reconstruction and replacement of water main and storm sewer lines on the following streets: 1. Edward Street, from 34th Avenue NE to 35th Avenue NE 2. Harding Street, from 34th Avenue NE to 36th Avenue NE 3. Roosevelt Street, from 34th Avenue NE to 35th Avenue NE Pursuant to Minnesota Statutes 429.011 to 429.111 portions of the improvement will be assessed to the abutting property owners of the named streets. The estimated cost of the improvement • is $770,265.17. Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. Michael J. Mornson City Manager Publish: St. Anthony Bulletin 1. January 21, 1998 2. January 28, 1998 CITY OF ST. ANTHONY RESOLUTION 98-025 A RESOLUTION ORDERING IMPROVEMENTS WHEREAS, a resolution of the City Council adopted on the 13`h day of January, 1998, fixed a date for Council hearing on the proposed improvements: 1998 STREET AND UTILITY IMPROVEMENTS PROJECT This project consists of street reconstruction and replacement of water main and storm sewer on the following streets: 1. Edward Street, between 34`h Avenue NE and 35`h Avenue NE 2. Harding Street, between 34th Avenue NE and Wh Avenue NE 3. Roosevelt Street, between 34`h Avenue NE and 35`h Avenue NE WHEREAS, ten days' mailed notice and two weeks' published notice in advance of said hearing was given and the hearing was held thereon on the 10th day of February, 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony approves such improvements as are hereby ordered as proposed in the Council Resolution adopted the 10th day of February, 1998. Adopted this day of Mayor ATTEST: City Clerk Reviewed for administration: City Manager • CITY OF ST. ANTHONY NOTICE OF HEARING ON ASSESSMENTS FOR 1998 STREET IMPROVEMENTS TO WHOM IT MAY CONCERN: TIME AND PLACE Notice is hereby given that the City Council of the City of GENERAL NATURE OF St. Anthony, Minnesota, will meet in the City Council IMPROVEMENTS: Chambers in the City of St. Anthony on the 10 day of February, 1998, at 7:00 P.M. or as soon thereafter as possible; .to consider objections to the proposed assessments for 1998 Street Improvements, heretofore ordered by the City Council. ASSESSMENT ROLL The proposed assessment roll is on file with the City Clerk OPEN TO INSPECTION: and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of every lot, piece TO BE ASSESSED: or parcel of land benefitted by said improvement, which has been ordered made is as follows: • 1998 STREET AND UTILITY IMPROVEMENTS PROJECT This project consists of street reconstruction and replacement of water main and storm sewer lines on the following streets in the City of St. Anthony: 1. Edward Street, from 34th Avenue NE to 35th Avenue NE 2. Harding Stsreet, from 34th Avenue NE to 36th Avenue NE 3. Roosevelt Street, from 34th Avenue NE to 35th Avenue NE TOTAL AMOUNT OF The total amount proposed to be assessed is $108,908.42. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: • Notice of Hearing • 1998 Assessments Page 2 RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to the Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected-property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not,received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes Sections 435.193 • ASSESSMENTS: to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. Michael J. Mornson City Manager Published: St. Anthony Bulletin 1. January 21, 1998 2. January 28, 1998 ain tho illa e Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 781-9323 January 16, 1998 -Property address: Dear Resident: Enclosed are legal notices for the upcoming improvements on your street. The City received bids and the ,actual amount which will be assessed to your property will be $ If you have any questions prior to the public hearing on Tuesday, February 10, 1998, please do not hesitate to call me. Sincerely, r Michael Mornson City Manager Enclosure: Notice of Hearings • City of Sethony 1998 Street Improvement Assessment Roll(Final) RCM Project No. 10408.02 Estimated Assessable Street Watermain Total Name Address Pin# Footage Assessment Connection Assessment William M. O'Brien et al 3548 Harding Street 06-029-23 21 0084 90.00 $2,805.95 $400 $3,205.95 Valerie R.Taylor 3540 Harding Street 06-029-23 21 0085 90.00 $2,805.95 $400 $3,205.95 Raymond E. Peterson et al 3532 Harding Street 06-029-23 21 0086 60.00 $1,870.63 $400 $2,270.63 James H. Rood et al 3524 Harding Street 06-029-23 21 0087 120.00 $3,741.27 $400 $4,141.27 Robert E.Manske et al 3516 Harding Street 06-029-23 21 0088 80.00 $2,494.18 4001 $2,894.18 H.E. Ren uist et al 3512 Harding Street 06-029-23 21 0089 80.00 $2,494.18 4001 $2,894.18 Arthur P. Olsen,Jr. 3508 Harding Street 06-029-23 21 0090 80.00 $2,494.18 4001 $2,894.18 Milo H. Rethmeier et al 3541 Harding Street 06-029-23 21 0091 80.00 $2,494.18 $400 $2,894.18 Cheryl K. Miller 3537 Harding Street 06-029-23 21 0093 80.00 $2,494.18 $400 $2,894.18 Robert K. McDaniel et al 3529 Harding Street 06-029-23 21 0095 80.00 $2,494.18 $400 $2,894.18 Floyd Brown&C. McKenzie 3523.Harding Street 06-029-23 21 0097 60.00 $1,870.63 $400 $2,738.29 06-029-23. 210098 15.00 $467.66 .$0 Donald G. Dick et al 3519 Harding Street 06-029-23 21 0101 75.00 $2,338.29 $400 $2;738.29 Scott D. Barton 3515 Harding Street 06-029-23 21 0103 90.00 $2,805.95 $400 $3,205.95 Lona and Bob Doolan 3511 Harding Street 06-029-23 21 0104 60.00 $1,870.63 4001 $2,270.63 Mr.and Mrs. Dennis Southward 3507 Harding Street 06-029-23 21 0105 80.00 $2,494.18 $400 $2,894.18 Phyllis D. Fife 3500 Harding Street 06-029-23 21 0121 101.06 $3,150.77 $400 $3,550.77 Roderick& Donna Long 3501 Harding Street 06-029-23 21 0122 110.90 $3,457.55 $400 $3,857.55 Eldon W. &Mary E. Block 3430 Edward Street 06-029-23 230004 90.00 $2,805.95 $400 $3,205.95 Leon J. Bourque et al 3424 Edward Street 06-029-23 230006 90.00 $2,805.95 $400 $3,205:95 Charlotte M. Kenzie 3420 Edward Street 06-029-23 230007 90.00 2,805.951 $400 $3,205.95 Michael &Rosanne Bird 3416 Edward Street 06-029-23 230008 90.00 $2,805.95 $400 $3,205.95 James G. Clemens et al 3412 Edward Street 06-029-23 230009 80.00 $2,494.18 $400 $2,894.18 Prabhakara &Si ra Jha 3408 Edward Street 06-029-23 230010 80.00 $2,494.18 $400 $2,894.18 David &Judy Lucking 3400 Edward Street 06-029-23 230012 80.00 $2,494.18 $400 $2,894.18 Curtis J. Petrick et al 3429 Roosevelt Street 06-029-23 230030 75.00 $2,338.29 4001 $2,738.29 Gayle M. Larson et al 3425 Roosevelt Street 06-029-23 230031 75.00 $2,338.29 $4001 $2,738.29 L.P. Novak et al 3421 Roosevelt Street 06-029-23 230032 75.00 $2,338.29 $4001 $2,738.29 R.A.&B.J. Debelak et al 3417 Roosevelt Street 06-029-23 230033 75.00 $2,338.29 $400 $2,738.29 Andrew B. Lo as et al 3413 Roosevelt Street 06-029-23 230034 75.00 $2,338.29 $400 $2,738.29 Joan O.& Pamela A.,Finney 3409 Roosevelt Street 06-029-23 230035 75.00 $2,338.29 $400 $2,738.29 A.J. &Josephine Campeau 3405 Roosevelt Street 06-029-23 230036 75.00 $2,338.29 $400 $2,738.29 James C.& Nicole M. Slick 3401 Roosevelt Street 06-029-23 230037 75.00 2,338.291 $400 $2,738.29 W.C. Hildebrandt et al 13428 Roosevelt Street 06-029-23 230038 75.00 $2,338.291 $400 $2,738.29 Arthur H. &A.W. Haut 13424 Roosevelt Street 06-029-23 230039 1 75.001 $2,338.291 $4001 $2,738.29 Rieke Carroll Muller Assoc., Inc. 1 of 2 01/15/98 City of St.Anthony 1998 Street Improvement Assessment Roll(Final) RCM Project No. 10408.02 Estimated Assessable Street Watermain Total Name Address Pin# Footage Assessment Connection Assessment Doug as W. Pierce et al 3420 Roosevelt Street 06-029-23 230040 75.00 $2,338.29 $400 $2,738.29 Bradley&Julia B'orklund 3416 Roosevelt Street 06-029-23 230041 75.00 $2,338.29 $400 $2,738.29 Mr.and Mrs. Dwayne E. Nelson 3412 Roosevelt.Street 06-029-23 230042 75.00 $2,338.29 $400 $2,738.29 Barbara L. Szurek et al 3408 Roosevelt Street 06-029-23 230043 75.00 $2,338.29 $400 $2,738.29 L. R. Genaw et al 3404 Roosevelt Street 06-029-23 230044 75.00 $2,338.29 $400 $2,738.29 Gary M. &Janice M. Huss 3400 Roosevelt Street 06-029-23 230045 75.00 $2,338.29 $400 $2,738.29 Freda M.M hrwold 3419 Harding Street 06-029-23 240006 76.80 $2,394.41 $400 $2,794.41 Duane G.Gibbons et al 3421 Hardin Street 06-029-23 240007 112.00 $3,491.85 $400 $3,891.85 Veda C. Nygaard 3401 Harding Street 06-029-23 240033 93.00 $2,899.48 $4001 $3,299.48 Robert&Shirley Westacott 3405 Harding Street 06-029-23 240034 93.00 $2,899.48 $400 $3,299.48 Theo R. Gromek et al 3413 Harding Street 06-029-23 240035 92.37 $2,879.84 $400 $3,279.84 Keith Pearson &K.L.Boerboom 3501 Belden Drive 06-029-23 240036 92.39 $2,880.46 $400 $3,280.46 J.R. Oliverius et al 3404 Harding Street 06-029-23 240037 93.00 2,899.481 $400 $3,299.48 J.R. &P.L.Johnson 3400 Harding Street 06-029-23 240038 93.00 $2,899.48 $0 $2,899.48 Steven J.Tocko 3429 Edward Street 06-029-23 240098 90.00 $2,805.95 4001 $3,205.95 Steven &Susan Brandes 3421 Edward Street 06-029-23 240099 90.00 $2,805.95 $400 $3,205.95 Mr.and Mrs. Bruce Erickson 3419 Edward Street 06-029-23 240100 90.00 $2,805.95 $400 $3,205.95 Peter Osi enko et al 3417 Edward Street 06-029-23 240101 85.00 $2,650.06 $400 $3,050.06 J.P.&S.B.Tonnell 3413 Edward Street 06-029-23 240102 85.00 $2,650.06 $400 $3,050.06 Leo &Grace Hudak 3407 Edward Street 06-029-23 240103 75.00 2,338.291 $400 $2,738.29 Virginia A. Kagol 3401 Edward Street 06-029-23 .24 0104 85.00 $2,650.06 $400 $3,050.06 Travis&Elizabeth Sabby 3436 Harding Street 06-029-23 240107 81.94 $2,554.66 $400 $2,954.66 Mr.and Mrs..Linden B. Carr 3432 Harding Street 06-029-23 240108 80.00 $2,494.18 $400 $2,894.18 Michael Shool/L nn Duwenhoegger 3428 Harding Street 06-029-23 240109 80.00 $2,494.18 $400 $2,894.18 Robbie G. Nelson,Sr. et al 3420 Harding Street .06-029-23 240110 80.00 $2,494.18 $400 $2,894.18 David & Rhonda Morrison 3425 Harding Street 06-029-23 240119 67.33 $2,099.16 $400 $2,499.16 Louis&A.Madsen 3429 Harding Street 06-029-23 240120 66.00 $2,057.70 $400 $29457.70 Total 5032.79 $156,908.42 $24,000.00 $180,908.42 Total Assessable Footage 5032.79 Total Assessable Street Cost $156,908.42 Assessment per Foot of Frontage $31.18 Total Assessable Watermain Cost $24,000.00 Watermain Assessment per Connection $400.00 Rieke Ca Muller Assoc., Inc. 2 001/15/98 CITY OF ST. ANTHONY RESOLUTION 98-026 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS 1. The amount proper and necessary to be specially assessed at this time for various public improvements: First First Year Year Project Years Lew Collectible Assessed Reconstruction and utility rehabilitation (35% assessable): Edward Street, between 34" Avenue NE and 35`h Avenue NE Harding Street, between 34`h Avenue NE and 36th Avenue NE . Roosevelt Street, between 34`h Avenue NE and 35`' Avenue NE 15 1998 1999 $180,908.38 against every assessable lot,piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefitted by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate calculated at 2% over the prime rate at the time of assessment per • annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not pre-paid shall be payable in equal annual principal installments extending over a period of years., as indicated in Resolution 98-026 Page 2 each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 1998 through.December 31, 1998, will be payable with general taxes for the levy year of 1998 collectible in 1999, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be payable with general taxes-for each consecutive year thereafter until the entire assessment is paid. 4. The owner of any property so assessed may, at anytime prior to certification, make payments (partial or full)towards the balance owed. The owner may, at any time after certification, pay the whole of the assessment, with interest accrued to the date of payment, except that no interest be charged if the entire assessment is paid by November 30th of the assessment year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the property tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted this day of Mayor • ATTEST: City Clerk Reviewed for administration: City Manager • CITY OF ST. ANTHONY RESOLUTION 98-027 A RESOLUTION AWARDING A BID FOR 1998 STREET AND WATER MAIN IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the above referenced project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder/Address Total Bid C. S. McCrossan Construction, Inc. $689,696.50 Maple Grove, MN • Arcon Construction Company, Inc. $662,640.30 Mora, MN Bonin Excavating, Inc. $617,468.00 Elk River, MN Midwest Asphalt Corporation $598,145.85 Hopkins, MN Ryan Contracting, Inc. $586,371.00 Burnsville, MN Northdale Construction $553,676.14 Rogers, MN Forest Lake contracting, Inc. $533,674.45 Forest Lake, MN WHEREAS, it appears that Forest Lake Contracting, Inc. of Forest Lake, MN is the lowest responsible bidder. • Resolution 98-027 Page.2 • NOW, THEREFORE, BE IT RESOLVED-by the City Council of the City of St. Anthony: 1. That the.Mayor and City Manager are hereby authorized and directed to enter into a contract with Forest Lake contracting, Inc. in the amount of$533,674.45 in the name of the City of St. Anthony, Minnesota for the-improvement outlined in the above referenced project according to the plans and specifications, therefore, approved by the City Council and on file in-the office of the City Clerk. 2. The Engineer, Rieke Carroll, Muller, Inc. is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted this day of Mayor ATTEST:. City Clerk Reviewed for administration: City Manager DORSEY & WHITNEY LLP • MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE BRUSSELS TELEPHONE: (612) 340-2600 HONG KONG FARCO FAX: (612) 340-2868 DES MOINES BILLINGS ROCHESTER MISSOULA COSTA MESA GREAT FALLS City of St. Anthony St. Anthony, Minnesota Re: $725,000 General Obligation Improvement Bonds, Series 1998A City of St. Anthony, Hennepin and Ramsey Counties, Minnesota Ladies and Gentlemen: As Bond Counsel in connection with the authorization, issuance and sale by the City of St. Anthony, Hennepin and Ramsey Counties, Minnesota (the "City"), of its General Obligation Improvement Bonds, Series 1998A dated, as originally issued, as of April 1, 1998,in the total principal amount of$725,000 (the 'Bonds"),we have examined certified copies of certain proceedings taken, and certain affidavits and certificates furnished, by the City in the authorization, sale and issuance of the Bonds, including the form of the Bonds. As to questions of fact material to our opinion we have assumed the authenticity of and relied upon the proceedings, affidavits and certificates furnished to us without undertaking to verify the same by independent investigation. From our examination of such proceedings, affidavits and certificates, and based upon laws,regulations, rulings and decisions in effect on the date hereof,it is our opinion that: 1. The Bonds are valid and binding general obligations of the City enforceable in accordance with their terms. 2. The principal of and interest on the Bonds are payable from special assessments which the City has levied or agreed to levy on the property specially benefited by the improvements financed by the issuance of the Bonds and ad valorem taxes levied on all taxable property in the City, and, to any extent not so paid, from DORSEY & WHITNEY LLP $725,000 General Obligation City of St. Anthony, Hennepin, • Improvement Bonds, Series 1998A and Ramsey Counties, Minnesota -2- additional ad valorem taxes required by law to be levied-on all taxable property in the City without limitation of rate or amount. 3. Interest on the Bonds (a) is not includable in gross income for federal income tax purposes or in taxable net income of individuals, estates.or trusts for Minnesota income tax purposes; (b) is includable in taxable income of corporations and financial institutions for purposes of the Minnesota franchise tax; (c) is not an item of tax preference includable in alternative minimum taxable income for purposes of the federal alternative minimum tax applicable to all taxpayers or the Minnesota alternative minimum tax applicable to individuals, estates and trusts; and (d) is includable in adjusted current.earnings of corporations in determining alternative minimum taxable income for purposes of the federal alternative minimum tax imposed on corporations. 4. The City has designated the Bonds as "qualified tax-exempt obligations" within'the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and, financial institutions described in Section 265(b)(5) of the • Code may treat the Bonds for purposes of Section 265(b)(2) and 291(e)(1)(B) of the Code as if they were acquired on.August 7, 1986. The opinions expressed in paragraphs 1 and 2 are subject as to enforceability to the effect of any state or federal laws relating to bankruptcy, insolvency, reorganization, moratorium or creditors' rights and the exercise of judicial discretion. The opinions set forth in paragraphs 3 and 4 are subject to the condition that the City comply with all the requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes;and the Bonds be and continue to be qualified tax-exempt obligations. The City has covenanted in the resolution authorizing the issuance of the Bonds to comply with these continuing requirements. Failure of the City to comply with these requirements may result in the inclusion of interest on the Bonds in federal gross income and in Minnesota taxable net income, retroactive to the date of issuance of the Bonds. Except as stated in this opinion, we express no opinion regarding federal, state or other tax consequences to owners of the Bonds. DORSEY & WHITNEY LLP • $725,000 General Obligation City of St. Anthony, Hennepin, Improvement Bonds, Series 1998A and Ramsey Counties, Minnesota -3- We have not been asked, and have not undertaken, to review the accuracy, completeness or sufficiency of any offering materials relating to the Bonds, and accordingly, we express no opinion with respect thereto. Dated: ; 1998. Very truly yours, • CITY OF ST. ANTHONY RESOLUTION 98-028 • RESOLUTION CALLING FOR THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A BE IT RESOLVED by the City Council of the City of St. Anthony (the City), as follows: Section 1. Purpose. The City Council has ordered various improvement projects under Minnesota Statutes, Chapter 429 (collectively, the Improvements). To finance the Improvements, it is determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1998A in the principal amount of $725,000 (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has.presented to this Council a form of Terms of Proposal for sale of the Bonds, which is attached hereto and hereby approved and shall be placed on file with the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisors, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Section 3. Sale Meetin . This Council shall meet with the City Hall on � ty Tuesday, March 10, 1998 at 7:00 o'clock P.M. for the purpose of considering sealed bids for the purchase of the Bonds, and of taking such action thereon as may be in the best interests of the City. m ll or a Section 4. Reimbursement of Cost s from Proceeds o f the Bonds. A o e portion of the costs of the Improvements may be paid by the City prior to the issuance of the Bonds to finance the Improvements, and to the extent such costs are paid by the City prior to the issuance of the Bonds it is the reasonable intent of the City to reimburse all of a portion of the costs of the Improvements paid by the City prior to the issuance of the Bonds from the proceeds of the Bonds. Section 5. Consolidation of Improvements. Pursuant to Minnesota Statutes, Section 435.56, the Improvements are hereby consolidated and joined as one project. Adopted this 10th day of February,,1998. • Attest: City Clerk Mayor Reviewed for administration. City Manager • Recommendations For City of St. Anthony, Minnesota $725,000 General Obligation Improvement Bonds, Series 1998A Presented to: Mayor Clarence Ranallo Members, City Council Mr. Michael Momson, City Manager Mr. Roger Larson, Finance Director City of St. Anthony St. Anthony City Hall 3301 Silver Lake Road St. Anthony, MN 55418-1699 SPRINGSTED Public Finance Advisors Study No.: S0720J2 • SPRINGSTED Incorporated February 4, 1998 RECOMMENDATIONS • Re: Recommendations for the Issuance of $725,000 General Obligation Improvement Bonds, Series 1998A (the "Bonds") 1. Sale Date and Time Tuesday, March 10, 1998 at 12:00 Noon with award by the City Council at 7:00 P.M. on that same day. 2. Authority and Purpose for the Bond Issue The Series 1998A Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. The proceeds are being used to finance various improvement projects within the City. 3. Principal Amount of Offering $725,000, including $17,325 for issuance costs and $9,425 for the underwriter's discount. Net proceeds available for construction costs will be approximately $698,250. 4. Repayment Tenn Interest payments on the Bonds are due on February 1 and August 1, commencing February 1, 1999. Principal will be due February 1, 2000 through 2014. • 5. Term Bonds For the Bonds, we have included a provision in the attached Terms of Proposal to permit the underwriters to combine multiple maturity years into a term bond, subject to mandatory redemption on the same maturity schedule provided in the Terms of Proposal. The advantage to the underwriter is that it provides a large block of bonds which is more attractive to bond funds and certain pension funds which deal with only large blocks of bonds. This in turn is a benefit to the City since selling larger blocks of bonds reduces the risk to the underwriter, allowing them to lower their costs and the interest coupons. Since the bonds are being offered on a competitive bid basis and awarded on the lowest true interest cost,the City will award the bonds to the best bid regardless of whether term bonds are chosen or not 6. Sources of Payment and Payment Cycle The Bonds will be paid from special assessments.against benefited property and general ad valorem tax levies. 7. Prepayment Provisions The Bonds maturing on or after February 1, 2007 will be callable on February 1, 2006 at a price of par plus accrued interest. City of St. Anthony, Minnesota February 4, 1998 8. Credit Rating Comments We recommend the City apply to Moody's • Investors Service for a rating on these Bonds. 9. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for"bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. We understand the City does not expect to issue more than $10 million in 1998, therefore the Bonds are designated as bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal rebate requirements. However, since the City will issue less than $5 million in tax-exempt financings in 1998, it may • exempt itself from rebating arbitrage earnings to the federal government. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction or pay back excess investment earnings in the debt service fund to the federal government. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with carry over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 the debt service of that year. (d) Economic Life The average life of the Bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of the improvements is 20 years. Therefore, this issue is within the economic life requirements. Page 2 a City of St. Anthony, Minnesota February 4, 1998 10. Continuing Disclosure This issue is subject to the continuing disclosure requirements. These SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. However, since this issue is less than $1 million, the District will be exempt from the disclosure requirements. 11. Attachments . Assessment Income Schedule Debt Service Schedule Terms of Proposal DISCUSSION The projection of assessment income is shown on page 4 of these recommendations. The City expects to file special assessments, totaling $253,750 of principal, on or about September 1, 1998. All assessments will be filed over a term of 15 years with even annual payments and interest charged on the unpaid balance at a rate approximately 2.0% over the net interest rate on the Bonds. We have used an interest rate of 6.70% for structuring purposes. The principal repayment of this issue, shown on page 5 of these recommendations, is structured to meet the receipt of assessment income on page 4. The first interest payment • (February 1, 1999) is due prior to the receipt of assessment and tax collections in 1999 and will be made from a temporary transfer of available City funds. Thereafter, each August 1 interest payment will be made from first-half collections of special assessments and taxes and each subsequent February 1 principal and interest payment will be made from second-half collections plus surplus first-half collections. Resp tfully submitted, SPRINGSTED Incorporated eks • Page 3 City of St. Anthony, Minnesota Prepared February 4, 1998 ; G.O. Improvement Bonds, Series 1998A By SPRINGSTED Incorporated PROJECTED ASSESSMENT INCOME is 1998 Improvements Filing Date: 9/ 1 /1998 Filing Collect Interest Year Year Principal @ 6.700% Total - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1998 1999 51225 22,684a 27,909 1999 2000 11 ,258 16,651 27,909 2000 2001 12,012 15,897 271909 2001 2002 12,817 15,092 27,909 2002 2003 13,676 14,233 273909 2003 2004 143592 13,317 27,909 2004 2005 15,570 12,339 27,909 2005 2006 16,613 11 ,29.6 273909 2006 2007 171726 10,183 27,909 2007 2008 181914 8,995 27,909 2008 2009 20,181 73728 27,909 2009 2010 213533 6,376 27,909 2010 2011 22,976 4,933 27,909 2011 2012 24,515 3,394 27,909 2012 2013 26,142 1 ,752 27,894. • TOTALS 253,750 164,870 418,620 a) Includes interest from filing date to 12/31 /1999. • Page 4 City of St. Anthony, Minnesota Prepared January 30, 1998 'G.O. Improvement Bonds, Series 1998A By SPRINGSTED Incorporated *d : 4- 1 -1998 ure: 2- 1 First Interest : 2- 1 -1999 Total Projected Total Year of Year of Principal 105% Special Net Levy Mat . Principal Rates Interest & Interest of Total Assessments Requirement (1 ) (2) (3) (4) (5) (6) (7) (8) (9) 1998 2000 10,000 3.90% 59,310 69,310 72,776 27,909 44,867 1999 2001 40,000 4.00% 31 ,961 71 ,961 75,559 27,909 47,650 2000 2002 40,000 4.10% 30,361 70,361 73,879 27,909 45,970 2001 2003 403000 4.15% 28,721 68,721 72,157 27,909 44,248 2002 2004 45,000 4.20% 27,061 723061 75,664 27,909 47,755 2003 2005 45,000 4.25% 25,171 70,171 73,680 273909 45,771 2004 2006 45,000 4.30% 23,258 68,258 713671 27,909 431762 2005 2007 50,000 4.35% 213323 71 ,323 741889 273909 46,980 2006 2008 50,000 4.40% 19,148 69,148 72,605 27,909 44,696 2007 2009 55,000 4.50% 16,948 71 ,948 75,545 27,909 47,636 2008 2010 55,000 4.60% 14,473 69,473 72,947 27,909 45,038 2009 2011 60,000 4.70% 11 ,943 71 ,943 75,540 27,909 473631 2010 2012 60,000 4.75% 9,123 69,123 72,579 27,909 44,670 2011 2013 65,000 4.80% 6,273 71 ,273 74,837 27,909 46,928 2012 2014 65,000 4.85% 3,153 68,153 71 ,561 273894 43,667 TOTALS: 725,000 328,227 13053,227 1 ,1053889 418,620 687,269 • Bond Years: 7,174.17 Annual Interest: 328,227 Avg. Maturity: 9.90 Plus Discount: 9,425 Avg. Annual Rate: 4.575% Net Interest: 3373652 T.I .C. Rate: 4.724% N.I.C. Rate: 4.706% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. • Page 5 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: • TERMS OF PROPOSAL $725,000 CITY OF ST. ANTHONY, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, March 10, 1998, until 12:00 Noon, .Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically • via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 500 Main Street, Suite 1010, Fort Worth, TX 76102, telephone (817) 885-8900. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated April 1, 1998, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1999. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2000 $10,000 2004 $45,000 2008 $50,000 2012 $60,000 2001 $40,000 2005 $45,000 2009 $55,000 2013 $65,000 2002 $40,000 2006 $45,000 2010 $55,000 2014 $65,000 2003 $40,000 2007 $50,000 2011 $60,000 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial • bonds and term bonds, provided that no serial bond may mature on or after the first mandatory sinking fund redemption date of any term bond. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of Page 6 L par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Last Year of Serial Maturities" and "Years of Term Maturities" in the • spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2006, and on any day thereafter, to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $715,575 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of$7,250, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is • required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that Page 7 time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at • settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of • insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any,other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney LLP of Minneapolis, Minnesota,and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been • made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. Page 8 t ' CONTINUING DISCLOSURE • Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement' of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 30 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its • proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated February 10, 1998 BY ORDER OF THE CITY COUNCIL /s/Connie Kroeplin City Clerk • Page 9 • January 8, 1998 Mr. Mike Mornson City of St. Anthony 3300 Silver Lake Road St. Anthony, MN 55418 Re: 1998 Street and Watermain Improvements Engineering Services Agreement for Additional Services RCM File No. 10408.02 Dear Mr. Morrison: In accordance with an agreement between the City of St. Anthony and RCM, RCM submits this request for compensation which exceeds the not-to-exceed amount Ic I]] identified in a letter proposal to Mr. Larry Hamer, dated June 3, 1997 (copy attached). Compensation identified herein is for providing the following design phase rieke services which are in addition to those anticipated in our original proposal: carroll muller sociates, Inc. 1. Design and plan preparation for a drain tile line in 34th Avenue between sneers Harding Street and Roosevelt Street. itects land surveyors equal opportunity 2. Field survey of a portion of 34th Avenue to accommodate the proposed drain employer tile line. 3. After receiving soil boring logs and reviewing the project with City staff, the decision was made to eliminate proposed drain tile in 34th Avenue and Roosevelt Street. Plans were revised accordingly. 4. Existing topographic conditions along Harding Street between 34th and 35th Avenues indicated the need for a modified typical street section in this block. Plans were revised to accommodate the modified section. years of helping 5. A portion of public right-of-way along Harding Street is being vacated in build conjunction with the project. RCM has provided the City Attorney with communities it- information and documentation necessary to proceed with the vacation. rf 6. A number of residents within the project limits have trees or landscaping which will interfere with construction of water services. RCM is in the process of notifying the affected property owners of potential impacts and of 10901 red circle dr. developing viable solutions. t office box 130 etonka, mn 343-0130 (612)935-6901 fax(612)935-8814 www.rcm-assoc.com Mr. Mike Morrison January 8, 1998 • Page 2 The estimated fee for the additional services outlined above is $6,300. RCM will not bill the City for these services until the City Council has authorized us to do so. Your prompt attention to this matter is appreciated. Please call us if you have questions. Sincerely, RIEKE CARROLL MULLER ASSOCIATES, INC. Wxtd. Robert L. Moberg, P.E. Ha Zsoumbos,.P.E. Project Manager Vice President RLM/ka • • June 3, 1997 Mr.Larry Hamer Public Works Director City of St.Anthony 3301 Silver Lake Road St.Anthony,MN 55418 Re: Proposal for Professional Engineering Services 1998 Street and Watermain Improvements St.Anthony,MN RCM File No. 10408.00 Dear Mr.Hamer: RCM is pleased to submit this proposal to provide design, bidding and construction phase engineering services relating to reconstruction of street and watermain improvements in 1998. This proposal has been developed for the following street segments: (Please refer to RCM letter dated May 15, 1997 for estimated construction costs.) Edward Street: 35th Avenue to 34th Avenue; rieke Harding Street: 36th Avenue to 34th Avenue;and Carroll Iler Roosevelt Street: 35th Avenue to 34th Avenue. ociates, inc. arc�sneeBased upon rs B our understanding of the project scope for these three street segments,our proposed iitects land surveyors scope of services and associated fees are outlined below. equal opportunity employer Phase Associated Fees 1. Feasibility Report $3,500 Tasks include field review of project,identifying proposed 4 improvements,evaluating alternatives,estimating cost of proposed improvements,developing a preliminary assessment roll,defining a schedule and presenting a report to City Council. 2. Design $39,000 Tasks include field survey and review,preparing construction plans helping.. for street reconstruction,as well as watermain and storm sewer replacement,preparing permit application(s),attending one neighborhood meeting and one Council meeting,preparing final T M,M M LOP assessment roll,preparing specifications and cost estimate. 3. Bidding $2,000 IW01 red circle dr. Tasks include distribution of bidding documents,answering pre-bid t office box 130 questions,attendance at bid opening,and making a recommendation minnetonka, mn to award contract. 55343-0130 (612)935-6901 fax(612)935-8814 www.rcm-assoc..com Mr.Larry Hamer • June 3, 1997 Page 2 gig Associated Fees 4.Construction $49,000 Tasks include attendance at preconstruction meeting,review of shop drawings,construction staling,providing up to 450 hours of construction observation,preparation of newsletters,processing of payment applications,project closeout and preparation of record drawings. Fees for the feasibility report will be billed on a lump sum basis. Our services for all other phases will be billed at hourly rates with not-to-exceed limits as shown. We will not exceed these limits without prior approval from the City Council.Reimbursable expenses will be billed at cost,in addition to the fees outlined above. If you have any questions regarding this proposal,please call us. Sincerely, RIEKE CARROLL MULLER ASSOCIATES,INC. 0 • Robert L.Moberg,P.E. AH Koutsoumbos,P.E. Project Manager Vice President RLM/ka c: Mdse Mornson CITY OF ST. ANTHONY RESOLUTION 98-023 A RESOLUTION APPROVING A GRANT AGREEMENT RELATING TO FUNDING UNDER THE MINNESOTA HOUSING FINANCE AGENCY COMMUNITY REHABILITATION FUND PROGRAM AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR AND CITY MANAGER WHEREAS, the Hennepin County Housing and Redevelopment Authority has applied for and received funding on behalf of the City of St. Anthony under the Minnesota Housing Finance Agency Community Rehabilitation Fund Program - DR1187 Recovery Program; and WHEREAS, the Agreement attached is to provide for cooperation between the Hennepin County Housing and Redevelopment Authority and the City of St. Anthony in implementing certain Activities to be performed by the City as described in said Agreement and to set forth the terms and conditions under which these Activities will be implemented. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Grant Agreement with the Hennepin County Housing and Redevelopment Authority and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City of St. Anthony. Adopted this day of , 1998. Mayor ATTEST: City Clerk Reviewed for administration: City Manager Hennepin County Housing and Redevelopment Authority Contract No. Community Rehabilitation Fund Program—DR 1187 Recovery GRANT AGREEMENT THIS AGREEMENT is made and entered into this day of 1998,between the Hennepin County Housing and Redevelopment Authority, a political subdivision of the State of Minnesota, hereinafter referred to as the"HRA,"A-2400 Government Center,Minneapolis,Minnesota 55487,and the City of St. Anthony,whose address is 3301 Silver Lake Road, St.Anthony,MN 55418, a public body corporate and politic under the laws of the State of Minnesota,hereinafter referred to as "City": RECITALS 1. The HRA has applied for and received$150,000 in funding on behalf of the City under the Minnesota Housing Finance Agency (MHFA) Community Rehabilitation Fund Program – DR 1187 Recovery Program. 2. The HRA desires to have certain activities,hereinafter referred to as "Activities,"performed by the City, as described within this Agreement,including any exhibits and attachments, as authorized by resolutions of the HRA for the purpose of implementing flood mitigation activities under the MHFA Community Rehabilitation Fund Program—DR 1187 Recovery Program, and applicable rules, regulations, and guidelines promulgated by federal,state,and HRA authorities. 3 It is appropriate and mutually desirable that the City be designated by the HRA to undertake the aforementioned Activities, so long as the parties adhere to the requirements of the MHFA Program regulations, and state and local law,as provided for herein. 4: The purpose of this Agreement is to provide for cooperation between the HRA and the City,as the parties to this Agreement,in implementing these Activities and to set forth the terms and conditions under which said Activities shall be implemented. 5. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota,including Minnesota Statutes Section 462A.206 and Minnesota Statutes Sections 469.001 to 469.047. NOW, THEREFORE,in consideration of the mutual covenants and promises hereinafter set forth,the HRA and City agree as follows: AGREEMENT FOR THE ACQUISITION OF HOUSING 1. SCOPE OF ACTIVITIES. City will acquire legal title to the real property("Premise")located at site . legally described in Exhibit 1,attached hereto and incorporated by reference. 2. PROJECT DESCRIPTION. The acquisition and demolition of at least one single-family residential unit in the city of St.Anthony. This property will be part of a future storm retention system to eliminate and/or reduce storm damage of the sort created by the storms of early July 1997. MHFA Program funds will be limited to acquisition and demolition costs. 3. DURATION OF AGREEMENT. City, for itself and for its successors and assigns, shall take all necessary actions to perform and carry out the Activities by December 31, 1998. City agrees to repay to • the MHFA the amount of the Program funds provided under this Agreement, according to the terns of this Agreement,if the City fails to meet any terms and conditions of this Agreement or other documents executed in connection with this Agreement. -4.- PAYMENT OF MHFA PROGRAM FUNDS. Upon completion of the properly acquisition,the HRA agrees to reimburse City with MHFA Program funds not to exceed$150,000.00. It is understood that the HRA shall be held accountable to MHFA for the lawful expenditure of Program funds under this Agreement. The HRA shall, therefore, make no payment of Program funds to City prior to having received copies of all documents and records needed to ensure that City has complied with the appropriate state and local regulations and requirements and conditions set forth in this Agreement. 5. AMENDMENTS TO AGREEMENT. Any material alterations,variations,modifications,or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment to this Agreement, signed and approved, and properly executed by the authorized representatives of the parties. .6. NON-ASSIGNMENT. City shall not assign,subcontract,transfer,or pledge this Agreement and/or the Activities to be performed hereunder,whether in whole or' part,without the prior consent of the HRA. 7. INDEMNIFICATION AND INSURANCE a. The City agrees to defend,indemnify, and hold harmless the HRA,its elected officials,officers, agents,and employees(including duly authorized volunteers),from any liability,claims,causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City,its officers,agents,employees (including duly authorized volunteers),contractors,and/or anyone for whose acts or omissions it may be liable for in the performance of the Activities required by this Agreement,against all loss by reason of the failure of said City to perform fully, in any respect, all obligations under this Agreement. b. In order to protect the City and-those listed above under the indemnification provisions,the City agrees at all times during the term of this Agreement and beyond such term when so requested by the HRA,to keep in force the following insurance coverages: - 1) Professional Liability-.Errors and Omissions of$1,000,000 per claim with a$1,000,000 aggregate. City shall maintain such Professional Liability-Errors and Omissions insurance coverage continuously for a period of two years after the termination of this Agreement.. 2) Commercial General Liability,including contractual liability coverage,with the following coverages and insurance limits: 2 . Limits General Aggregate $1,000,000 Products Completed Operations Aggregate $1,000,000 . Personal and Advertising Injury $1,000,000 Each Occurrence-Combined Bodily Injury and Property Damage $1,000,000 3) Worker's Compensation and Employer's Liability: Limits (a) Workers'Compensation Statutory (b) Employer's Liability. Bodily injury by: Accident-Each Accident $ 100,000 Disease-Policy Limit $ 500,000 Disease-Each Employee $ 100,000 C. In the event that the HRA determines that the above coverages and limits or any other insurance coverages and limits become insufficient, City agrees that it will furnish alternative coverages or increased limits requested by the HRA. If City is a unit of general local government, its liability shall be governed by the provisions of Minnesota Statutes Chapter 466. 8. INDEPENDENT CONTRACTOR. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the City as the agent,representative,or employee of the HRA for any purpose or in any manner whatsoever. The City is to be and shall remain an independent contractor with respect to all activities performed under this Agreement. The City represents that it has,or will secure at its own expense,all personnel required in fulfilling its obligation under this Agreement. Any and all personnel'of the City or other persons while engaged in the performance of any activities required by the City under this Agreement shall have no contractual relationship with the HRA,and shall not be considered employees of the HRA. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel,arising out of employment or alleged employment,including,without limitation,claims of discrimination against the City,its officers, agents,contractors,or employees,shall in no way be the responsibility of the HRA. The City shall defend, indemnify,and hold the HRA,its elected officials,officers,agents,and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal,agency,board,commission,or court. Such personnel or other persons shall neither require nor be entitled to any compensation,rights, or benefits of any kind whatsoever from the HRA,including,without limitation,tenure rights,medical and hospital care, sick and vacation leave, Workers' Compensation, Reemployment Insurance, disability, severance pay,and Public Employees Retirement Act. 9. DATA PRIVACY. To the extent that data on individuals are made available between the HRA and City pursuant to this Agreement,City agrees that it will abide by the provisions of the Minnesota Goverment Data Practices Act and all other applicable state and federal laws,rules,and regulations relating to such 3 data, and as any of the same may be amended. City agrees to defend and hold the HRA, its officers, • agents,and employees harmless from any claims resulting from City's unlawful disclosure and/or use of such data on individuals. 10. COUNTY POLICY ON AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY. In accordance with the County's policies against discrimination,no person shall be excluded from full employment rights or participation in or the benefits of any program,service,or activity on the grounds of race,color,creed, religion, age, sex,disability,marital status,sexual orientation,public assistance status,or national origin; and no person who is protected by applicable federal or state laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. City will also comply with applicable local rules and regulations for affirmative action. Where federal, state, and/or local policies and requirements for affirmative action and equal employment opportunity differ,the most restrictive policies and requirements shall apply. However,City shall provide any reports or other documentation required by each jurisdiction in order to demonstrate compliance with applicable laws,ordinances, and regulations. 11. DISPLACEMENT,RELOCATION,AND ACQUISITION. City shall carry out all acquisitions of real property and take all reasonable steps to minimize displacement of persons as necessary for implementation of the Activities. City shall conduct all such acquisitions in its name,or in the name of another eligible organization acceptable to the HRA,which shall hold title to all real property purchased: City shall prepare all notices,appraisals,and documentation required in conducting acquisition pursuant to Minnesota Statutes Sections 117.50 to 117.56. 12. RECORDS AND REPORTS; MONITORING. City shall maintain records for the receipt and • expenditure of all MHFA Program funds. The Legislative Auditor for the State of Minnesota,the MHFA, or their representatives shall have the right to examine books,records,documents,and other evidence and accounting procedures and practices relative to the Program, and the Grantee shall make available at reasonable times proper facilities for such examination and audit. 13. ENFORCEMENT OF AGREEMENT. Failure to comply with any term, covenant, condition, or requirement in this Agreement or in any.note or other instrument executed in connection with this Agreement, for a period of Ninety(90)days after the HRA gives written notice specifying the form of non-compliance,shall constitute breach of contract and a default by City. If any default shall occur,the HRA may declare the Program funds provided to the City to be forthwith due and payable without presentment,demand,or further notice of any kind. The HRA may also pursue other such remedies as may be available under local,state,or federal laws. 14. CONTRACT ADMINISTRATION. Barbara Hayden Haugen,Administrative Manager,HRA Office of Planning and Development, shall manage this Contract on behalf of the HRA and serve as liaison between the HRA and City. 15. METHOD OF NOTICE. Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing,and shall be sent by registered or certified mail. Notices to the HRA shall be sent to the HRA Administrator, A-2300 Government Center, Minneapolis, Minnesota, 55487, with a copy sent to Director, Office of Planning and Development,A-2308 Goverment Center,Minneapolis,Minnesota,55487. Notice to City shall be sent to the address as given in the opening paragraph of this Agreement. • 4 • 16. REIMBURSEMENT DOCUMENTATION. Prior to reimbursement of expenses,City must provide the HRA the following documentation: a. Certified Resolution by the St. Anthony City Council authorizing the acquisition of the selected property. b. _ Copy of a valid and fully executed purchase agreement or deed for the Premises. C. Copies of any documentation to be provided at closing,required hereby. d. Documentation as required by the MHFA Program regarding the seller household. 17. TERMINATION OF AGREEMENT. This Agreement may be terminated by the BRA if- a. City is in default of its undertaking hereunder and the terms and conditions herein: b. Any information or representation presented to the HRA in connection with this Agreement is materially untrue. C. Cessation of MHFA funding by order of state authority making funds unavailable for disbursement under this Agreement. CITY,having signed this Agreement,and the HRA having duly approved this Agreement on 199_,and pursuant to such approval and the proper HRA officials having signed this Agreement,the parties hereto agree to be bound by the provisions herein set forth. HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Chair And: Director APPROVED AS TO FORM AND EXECUTION CITY: THE CITY OF ST. ANTHONY Assistant County Attorney By: Its: Date: And: Its 5 EXHIBIT 1 • LEGAL DESCRIPTION That certain real properties located in the County of'Hennepin, State of Minnesota, and legally described as, follows: Legal: Address: St. Anthony,MN 55418 MEMORANDUM DATE: February 4, 1998 TO: Mike Mornson, City Manager FROM: Roger Larson, Finance Director ITEM: 1998 WATER/SEWER RATES The Public Works Director has submitted a 1998 water budget of $389,800 and a sewer budget of$690,400. Based on the approval of those budgets, I have completed an analysis to determine if a rate increase is necessary to balance these operating budgets. The results are as follows: Water: • In 1998, it is anticipated that St. Anthony will sell 41,000,000 cubic feet of water. Calculating the estimated 1998 water sales (41,000,000 divided by 100 x $ .94) shows a total income of $385,400. Expenditures of $389,800 plus the water filtration levy transfer of $15,200 requires revenues to total $405,000. Based on estimated water sales of $385,400 a deficit of ($19,600) exists and a rate increase is necessary to balance the water-operating budget. Recommendation: The present rate of $.94 per 100 cubic feet is not sufficient to balance the 1998 water operating budget. Projected expenditures exceed revenues by ($19,600), therefore, staff recommends ammending ordinance 610.02 to reflect a rate increase of$ .06 cents per 100cf. (41,000,000 divided by 100 X $ 1.00 $ 410,000) Sewer: Currently, sanitary sewer disposal costs the residents $1.72 per 100 cubic feet. Based on Metro Waste's estimate of flowage, disposal costs for '98 will be significantly higher than last year. In 1998, Metro Sewers charges will be based on 360,000,000 gallons of sanitary waste for a total disposal cost of$486,000 compared to last year's payment of$383,200 (Up $102,800). It is estimated that the City will sell 37,500,000 cubic feet of sewer in 1998. Calculating the estimated 1998 sewer revenue (37,500,000 divided by 100 X $1.72) shows a total income of $645,000. Projected expenditures of $690,400 produces a deficit of ($45,400) and an increase is necessary to balance the operating budget. A rate increase of$ .12 cents per 100cf is necessary to fund the 1998 sewer operating budget. (37,500,000 divided by 100 X $1.84 = $690,000) In 1988, the City Council passed an ordinance relating to sewer rates and charges. It reads that all sewer charges shall be at the rate of$1.20 per hundred cubic feet of water used.plus a Metro Waste surcharge as determined by the following formula: Metro Waste Rate Surcharge Formula X = .88Y -$.88 + F $315,000 X = Surcharge per 100 cubic feet Y = Metro Waste charges for calendar year ($486,000 in '98) F = Inflationary Factor to Balance Budget ($.16 cents in '98) This formula allows for changes in the sewer rates without ammending the ordinance. The rate increase is handled administratively and requires no Council Action. • r • Average Bill:. . 2400 ccf of water 2100 ccf of sewer Increase 1997 1998 Per Quarter Water $ 22.56 $ 24.00 $ 1.44 Sewer $ 36.12 $ 38.64 2.52 $ 3.96 $15.84 Annual INFLOWS INTO THE SYSTEM. Estimated.Disposal 360,000,000 Gallons Estimated Sales 281,250,000 Gallons 78,750,000 CITY OF ST. ANTHONY ORDINANCE 1998-005 AN ORDINANCE RELATING TO WATER RATES, AMENDING SECTION 610.02 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 610.02 is amended to read as follows: 610.02 Water Rates. Water bills will be computed quarterly based on metered water used at the rate of$1.00 per 100 cubic feet or any fraction thereof. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: February 10, 1998 Second Reading: Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin: • CITY OF ST. ANTHONY ORDINANCE 1998-001 AN ORDINANCE RELATING TO STORM WATER FACILITY RATES, AMENDING SECTION 625.01 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Chapter 6, Section 625.01 Charges for Storm Water Facilities-is hereby amended as . follows: Classification Land Uses REF Charge Per Year 1 Cemeteries, parks, golf courses, railroads, 1.50 $54.00 per acre vacant land 2 R-1, R-lA and R-2 residential 1.00 $52.00-per unit 3 R-3 residential 1.00 $52.00 per unit • 4 Public and private schools and institutional 3.45 $124.20 per acre uses 5 R4 residential, churches and mobile home 4.40 $158.40 per acre parks 6 Commercial and industrial 5.50 $198.00 per acre Section 2. This ordinance will be effective as of the date of its publication. Mayor ATTEST: City Clerk First Reading: January 13, 1998 Second Reading: January 27, 1998 Adopted: February 10, 1998 Publish: St. Anthony Bulletin r0 A -?trvwLL (I Ifr) r7Pnd O?)JdVWn2 cat Gf N nod( �-7- 5 Q.�. z��a � rf AWL rl snOJb� �iN�4a f ,�W ..?�«!W /y-NM -�v� S)Z►2L�1� -flS4c-LL �d�-�-f-� 1 ^� -7-71r^ Vo-) 7i'V s/lnoM FI'S i7�G�n�� U�nor�, S/� ,n�17 T SldfiM S ci e z:•rr :•'' //✓. ��)NnON�✓� C`r/': '?,�'(•rr`'i "7?sck =i;�..:..vl i-7 vl{..1� f`i! l Hr'o:> �`''� dn Nr"'�l G fr±6 .�z{�fJ Ur r v-yl i iL S (1:9 0 L J O S L vod'ZJ rvJ S 7/r•L-'?Idn N 10 '�,•f:%�:'/�-�.�L✓ -��i,'�� ;is�_,1. 7,��.�,{N''� j"�j�� �-6 L- • WSB - Proposed Rate Increase to Residential & Commercial ($13.00 Per Qtr. to Residential, Commercial 2.5 X current rate) 2100 Units X $13.00 $27,300 Per Quarter Commercial $15,000 Per Quarter $ 27,300 Residential 15,000 Commercial $ 42,300 Per Quarter $169,200 Annual Revenue • Annual Revenue needed for Project: • $3,000,000 Bond for 15 Years $300,000.00 Annual Payment $21000.00 Residential Revenue ($100 per year) $ 96,000.00 Commercial/Industrial Revenue $300,000.00 (4 times current rate) . $5,700,000 Bond for 15 Years $560,000.00 Annual Payment • $210,000.00 Residential Revenue ($100,per year) $350,000.00 Commercial/Industrial Revenue $560,000.00 (15 times current rate) $5,700,000 Bond for 20 Years $470,000.00 Annual Payment $2107000.00 Residential Revenue ($100 per year) $260,000.00 Commercial/Industrial Revenue $470,000.00 (11 times current rate) Current Stormwater Revenue Per Quarter: ($ 3.00 Per Quarter, $12.00 Per Year) $ 6,000.00 Residential $ 6,000.00 Commercial, Industrial & Institutional $ 12,000.00 Per Quarter $ 48,000.00 Annual Revenue TASK FORCE - Proposed Rate Increase to Residential: ($25.00 Per Quarter, $100.00 Per Year). 2100 Units X $25.00 $52,500 Per Quarter $ 52,500.00 Residential $ 6,000.00- Commercial, Industrial & Institutional $ 58,500.00 Per Quarter $2349000.00 Annual Revenue Current Revenue Per Quarter = $ 6,000 Residential • 6,000 Commercial $12,000 Current Annual Reveune = $4800 Current Task Cost Force WSB Per Quarter Per Qtr. Per Qtr. Residential Household $ 3.00 $ 25.00 $ 13.00 Townhouses $ 1.50 $ 25.00 $ 13.00 Increase Commercial Undermined 2.5 Sunset Memorial` $ 485.46 .$ 485.46 $11213.65 Apache Plaza $103.66 $1,003.66. $2,509. 15 Gross Golf $ 252.90 $ 252.90 $ 632.25 Lowry Grove $ 240.77 $ 240.77 $ 601.93 St Anthony $ 195.23 $ 195.23 $ 488.08 Shopping Center Apartments Mirror Lake $ 222.00 $ 222.00 $ 555.00 Equinox $ 274.03 $ 274.03 $ 685.08 Autumn Woods $ 106.92 $ 106.92 $ 267.30 Diamond 8 $ 145.09 $ 145.09 $ 362.73 Annual Revenue recommended by Task Force = $ 234,000* Annual Revenue recommended by WSB = $169,200 * Increase in commercial rates. would increase total revenue. • MEMORANDUM DATE: January 21,1998 1998 T®: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: PROPOSED CHANGE TO SUMP PUMP ORDINANCE Upon further review of other suburban ordinances on sump pumps, I would recommend the Council select'the date of December 31, 1999 rather than January 1, 1999 as the compliance ® date for the sump pump ordinance. The rational-is as follows: 1. The City will not know if it obtained funding from the Metropolitan Council until April. 2. The engineering firm the City selects to conduct the inspections will give the City a better rate over the winter months - November, 1998 to March, 1999. 3. Many of the suburbs spent the first year promoting the ordinance via cable, newsletters, etc. Many of the,property owners would start complying immediately, which would reduce the number of people at neighborhood meetings. 4. If the City tries to get it done this spring, I feel it may be too much stress on the Staff with the home buy-out program, grant program, and other programs that may be implemented. MEMORANDUM DATE: December 1, 1997 • TO: Mayor i yo and d C ty Council FROM: Michael J. Morrison, City Manager ITEM: Sump Pump Ordinance As recommended by the Storm Water Advisory Task Force, please find enclosed a new sump pump ordinance requiring inspection and removal of all sump pumps draining into the sanitary sewer system by October 1, 1998. The proposed ordinance and supporting information is from a review of several suburbs throughout the Twin Cities. A summary of issues that I have for the City Council is as follows: 1.) Do we want to have City-wide neighborhood meetings prior to the adoption of the proposed ordinance or simply conduct the public readings at the January 13, January 27 and February 10 Council meetings? 2,) Do we want to give everyone one (1) year after the City's inspection to make the disconnection or select a date such as October 1, 1998? Remember that some property owners may not get inspected until July, 1998. Again, ® the number of sections-the City is divided into may have an impact on enforcement efforts of the deadlines. 3.) What are your thoughts on doing the inspections in-house with the Public Works Department or contracting it out to an engineering firm, such as WSB, to do the actual inspections and re-inspections? I have asked WSB to put a proposal together to do these inspections. I have also talked with Jay Hartman to think about what it would take to do these inspections in-house. All the cities that I contacted contracted their inspections out. Their reasons for contracting out this work are: a) they couldn't afford to give up the 2 or 3 Public Works employees for the year; and b) having the consultant at the neighborhood meetings was helpful in explaining the reasons for the proposed ordinance. The process would work as follows: There are approximately 2,300 residential and commercial property owners in the City. We would divide the City into four sections to facilitate neighborhood meetings and sump pump inspections. This would mean about 575 property owners in each neighborhood section. The neighborhood meeting for Section 1 could be scheduled for March, with the inspections for this Section beginning in April; Section 2's neighborhood meeting would be in April, with its inspections scheduled for May; Section 3 would have its neighborhood meeting in May and inspections in June; and Section 4 could be scheduled for its neighborhood meeting in June and the inspections scheduled for July. Before the inspections begin, a one time meeting with area plumbers should be scheduled to provide them information on the ordinance and the inspection process. Attached are the following: 1.) A sample letter that could be sent to the property owner, plus six pages of information that would be sent out two or three weeks before the scheduled neighborhood meeting for that section. 2.) A sample letter to area plumbers and a list of those plumbers. 3.) The proposed ordinance. If you have any questions, please feel free to contact me. i • CITY'OF ST. ANTHONY ORDINANCE 1998-002 AN ORDINANCE PROHIBITING DISCHARGES INTO THE SANITARY SEWER SYSTEM; AMENDING CHAPTER 13, SECTION 1335.15, SUBD. 8, OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Subdivision 8 of Section 1335.15 of the Code of Ordinances is hereby amended to read in full as follows: 1335.15. Sump Pumps. (a) Purpose. The discharge of water from roofs, surfaces, groundwater sump pumps, footing tile, swimming pools, or other flow of precipitation into the City system results in flooding and overloading of the sanitary sewer system. When this water is discharged into the sanitary sewer system, it is treated at the sewage treatment plant, resulting in very large and needless expenditures. The City Council, therefore, finds it in the best interest of the City to prohibit such discharges. (b) Discharge Prohibited. No water from any roof, surface, groundwater sump pump, footing tile, swimming pool, or other flow of storm water shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system, may have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to City storm sewer or discharge through the curb and gutter to the street. Inside piping shall be rigid pipe with fixed joints, pvc or equivalent. (c) Disconnection. Before December 31, 1999, any person, firm, or corporation having a roof surface, groundwater sump:pump, footing tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall be disconnected from the sanitary sewer and redirected in an effective,professional manner. Llnles nspected pnor`tq then,theyhave 45days tomakethe disconnection. - (d) Inspection. Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow an employee of the City of St. Anthony • or a designated representative of the City to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer Ordinance 1998-002 • Page 2 system. In lieu of having the City inspect their property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this ordinance. (e) Correction Period-Reinspection. Properties which fail during the first inspection shall be reinspected within3$45 days to allow corrections to be completed. If A. property fails the reinspection, the $100.00 per month surcharge shall be imposed on every sewer bill until compliance is achieved. (f) Future Inspections. Each sump pump or sump pump basket installation identified . will be reinspected periodically. (g) New Construction. All new dwellings with sumps for which a building permit is issued after adoption of this ordinance, shall have a pump and shall be piped to the outside of the dwelling,in accordance with this ordinance, before a certificate of occupancy is issued. (h) Surcharge. A surcharge of $100.00,per month is hereby imposed on every sewer bill mailed, after a 30 day grace period following inspection or confirmed attempt at inspection, to property owners who are not in compliance with this ordinance or who have refused to allow their property to be inspected to determine if there is • compliance. All properties found during periodic re-inspection to have violated this ordinance will be subject to the $100.00 per month surcharge for all months between the two most recent inspections. (h) Winter Discharge. The City Manager's office is authorized to issue a permit to allow a property owner to discharge Surface Water into the sanitary sewer system. The permit shall authorize such discharge only from November. 15 to March 15 and a property owner is required to meet at lease one of the following criteria in order to obtain a permit: (1) The freezing of the surface water discharge from the sump pump or footing drain is causing a dangerous condition, such as ice buildup or' flooding, on either public or private property. (2) The property owner has demonstrated that there is a danger that the sump pump discharge pipes will freeze up and result in either-failure or damage to the sump pump unit or cause basement flooding. (3) The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. • Ordinance 1998-002 Page 3 Section 2. This ordinance will be in effect as of the date of its publication. First Reading: January 13, 1998 Second Reading: January 27, 1998 Adopted: February 10, 1998 ATTEST: Mayor City Clerk Publish: St. Anthony Bulletin 1 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY February 10, 1998 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF FEBRUARY 10, 1998 H.R.A. AGENDA. IV. APPROVAL OF JANUARY 13, 1998 H.R.A. MINUTES. Q V. CLAIMS. A. Repayment of Tax Settlement: 1 . Hennepin County Treasurer - $23.82. B. _City Hall/Community Center: 1 . Williams/O'Brien Associates, Inc. 0 $6,000.00. C. Payments to Developers: 1 . Central Investment Corporation - $12,500.00. D. Agent Fees for City Hall/Community Center: 1 . Springsted - '$200.00. E. Legal: 1 . Dorsey & Whitney - $266.00. VI. ALAN CHAZIN HOMES, INC. REDEVELOPMENT AGREEMENT (H.R.A. Resolution 98-001 ). VII. OTHER BUSINESS. VIII. ADJOURNMENT. 1 CITY OF ST. ANTHONY QHOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 3 JANUARY 13, 1998 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 9:15 P.M: 6 II. ROLL CALL. 7 Commissioners Present: Chair Ranallo, Secretary Marks, and Commissioners Faust, 8 Cavanaugh and Thuesen. 9 Also Present: Executive Director Michael Mornson and City Attorney William Soth. 10 Commissioner's Absent: None. 11 III. APPROVAL OF JANUARY 13, 1998 HRA AGENDA. 12 Motion by Marks, second by Thuesen to approve the'January 13, 1998 HRA Agenda 13 with the following change: 14 Under V. Claims: Add D. Appoint Vice-Chair. 15 Motion carried unanimously. �6 IV. APPROVAL OF DECEMBER 17, 1997 HRA MINUTES. (� - Motion by Marks, second by Faust to approve the December 17, 1997 HRA minutes 18 as presented. 19 Motion carried unanimously. 20 V. PRESENTATION OF CLAIMS. 21 Motion by Marks, second by Thuesen to approve the following claims: 22 A. Payments to Developers: 23 1. Central Investment Corporation in the amount of$12,500.00 for 24 Nedegaard Construction Company. 25 2. St. Anthony Health Center in the amount of$100,000.00 for monies 26 held.in.escrow related to the Development Agreement. 27 3. Arnold Gregory in the amount of$95,000.00 for final payment under 28 the Development Agreement 29 B. City Hall/Community Center: 30 1. Williams/O'Brien Associates, Inc. in the amount of$3,360.00 for 31 professional services rendered August 27 through November 1997 for 32 the demolition contract. 33 C. TIF Bond Payments: 34 1. Firstar Corporate Trust Services: 0 a. In the amount of$195,700.00 for St. Anthony MN 1991A GO Refunding Bonds dated January 1, 1991 for Kenzie Terrace TIF 37 District. Housing and Redevelopment Authority Meeting Minutes January 13, 1998 Page 2 • 1 b. In the amount of $37,617.50 for St. Anthony MN 94A GO Tax 2 Increment Ref. Bonds dated January 1, 1994 for Walbon TIF 3 District. 4 C. In the amount of$65,540.00 for St. Anthony 1996A (Taxable) 5 GO Tax Increment Bonds date July 1, 1996 for Apache Plaza 6 TIF District. 7 d. In the amount of$195,731.25 for St. Anthony MN 1995B GO 8 Tax Increment Bonds dated December 1, 1995 for New City 9 Hall. 10 11 Motion carried unanimously. 12 D. Appoint Vice-Chair. 13 Motion by Marks, second by Thuesen to appoint Jerry Faust as Vice-Chair. 14 Vote on the motion: Ranallo, Cavanaugh, Marks and Thuesen voted aye. Faust abstained. 15 Motion carried unanimously. 16 VI. OTHER BUSINESS. 17 Morrison reported that Allan Chassin is again in the process of submitting a proposal • 18 for the property located at 33`d Avenue and Stinson Boulevard. This proposal does not 19 include a variance request or the previously included steps. Morrison and Chassin are 20 currently negotiating TIF Funds. 21 Faust asked the status of the Kenzie Terrace project. 22 Morrison reported three homes have been purchased and the project is currently at a 23 standstill. 24 Faust questioned the status of the Kentucky Fried Chicken property. 25 Morrison reported there is someone interested in the property in that area. The 26 Finance Director is currently performing a TIF analysis and Morrison will present this 27 at the February work session. 28 Cavanaugh questioned the status of the St. Anthony Shopping Center. He suggested 29 that the whole area including the St. Anthony Shopping Center, the Stonehouse and 30 the Town and County Grocery Store be marketed as one property. 31 Ranallo reported that Super America is currently performing a traffic study on Old 32 Highway 8 and may be interested in constructing a Holiday or a Super America 33 Station in the location of the Town and County Grocery Store: • Housing and Redevelopment Authority Meeting Minutes January 13, 1998 • Page 3 1 Cavanaugh questioned Doug Jones' letter in regard to a violation at the Apache 2 Shopping Center. 3 Mornson reported the Rice Creek Watershed District will have to take action against 4 the Freedom Station as they are in violation of the permit. They will be meeting 5 tomorrow evening. They could force the Station to correct the problem or they could 6 tell the City of St. Anthony to deal with the issue. 7 8 VII. ADJOURNMENT. 9 Motion by Marks, second by Cavanaugh to adjourn the meeting at 9:31 P.M. 10 Motion carried unanimously. 11 Respectfully submitted, 12 Lorri Kopischke 13 Timesaver Off Site Secretarial, Inc. r ount Hennepin C y An Equal Opportunity Employer January 29, 1998 Roger Larson Finance Director City of St. Anthony 3301 Silver.Lake Road St. Anthony, MN 55418 Mr. Roger Larson: Due to the negative balance in the December 1997 settlement for the City of St. Anthony HRA we are requesting payment in the amount of$23.82. Make the check payable to the Hennepin County Treasurer and mail to: Attn: Gloria Ro Y bal Taxpayer Services Division A-600 Government Center Mpls., MN 55487 If you have any questions,please contact me at 348-3255. Sincerely, Gloria Roybal l Tax Accounting Supervisor Hennepin County General Services Taxpayer Services Division Recycled Paper A-600 Hennepin County Government Center Minneapolis,Minnesota 55487-0060 Hennepin County Settlements Date: 01/20/98 For Settlement Period: December 1997 Report No. S06RP05 Page No. 75 Taxing District : St Anthony - HRA Type of Collection: Current R.E. - Revenue 40 .40 Current R.E. - Bonds & Interest Current R.E. - .Relocate Current Special Assessments Current R.E. - Specials Penalty Fiscal Disparities - •Revenue 0 . 73 Fiscal Disparities - B '& I .Fiscal Disparities - Relocate Current Personal Prop. - Revenue Current Personal Prop. - B & I Current Personal Prop. - Relocate Current. Mobile Home - Revenue 11 . 79 Current Mobile Home - B & I Current Mobile Home - Relocate Delinquent R.E. - Revenue -73 . 33 Delinquent R.E. - B & I Delinquent R.E. - Relocate ' Delinquent R.E. - Specials Penalty Delinquent Special Assessments - Delinquent Pers. Prop. - Revenue Delinquent Pers . Prop. - B & I Delinquent Pers . Prop. - Relocate Delinquent Mobile Home - Revenue 0 . 32 Delinquent -Mobile Home - B & I Delinquent Mobile Home - Relocate Interest on R.E . Refunds Revenue -31. 73 ` Interest on R.E. Refunds - B & I Interest on R.E. Refunds - Relocate Ag Preserve Rents - Revenue Rents - B, & I Rents - HRA Relocate Specials - Forfeited Land L ��•-1`1 �O`' 30 za Contamination Tax Contamination Tax - B & I Z�F� ore �-� Power & Light State Aid Road Fund 1;?N,. �`i -V Aggregate Removal Tax SO,TT4-EKEwIT Excess Tax Increment U.S. Fish & Wildlife - Revenue U.S. Fish & Wildlife - B & I Total Settlement : -23 . 82 WILLIAMS/ O'BRIEN ASSOCIATES, INC ARCHITECTS/PLANNERS 1111 3RD AVENUE SOUTH, SUITE 156 MINNEAPOLIS, MN 55404 INVOICE FOR PROFESSIONAL SERVICES 13 Jan, 1997 Mr. Michael J. Morrison City Manager Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 RE: Community Service Cente Comm No 9414 STATEMENT:ARCHITECTURAL SERVICES Oct 27, 1996 thru Dec 28, 1997 CURRENT BILLING: TOTAL PARTIAL CONST PHASE 6000.00 0.00 0.00 DIRECT COSTS FOUNTAIN DEPOSIT OTAL CURRENT AMOUNT 6000.00 Previous total billed 194150.00 Total amount to end of current period 200150.00 Total received to end of current period 194150.00 TOTAL DUE 6000.00 total basic fee includes 197,000 plus 3,500 for fountain or 200,500 Central i rporation 2845 Hamline Avenue North, #232 Roseville, Minnesota 55113 Phone: (612) 639-9711 Fax. (612) 639-9713 January 28, 1998 Mr. Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Morrison: RE: Nedegaard Construction Company On:the above we enclose a copy of the Certificate of Occupancy for Lot 8, Block 1, The Village Commons. accordance with the terms and conditions of the Redevelopment Contract by and between Nedegaard and the Housing & Redevelopment Authority of the City of St. Anthony, Minnesota dated August 21, 1995 .and the subsequent Assignment to our company, we hereby request that you remit a check payable to Central ; Investment Corporation in the amount of$12,500.00 to us at the above address at your earliest'convenience. Please contact me should you have any questions. Sincerely, Central Investment Corporation Patrick auer cc: Nedegaard Construction Company iy •�i •�1ti i r_ c .fi• .i .4 \` �+ / ; ;.r .� i !hl +� 111• .I ,{ �,•�:.:.. ~:"7•�.} J '.i`W, :4 \. 1 u•. F• '?{!.: d IC•i.. \ ;� t:'' r .b-v.1t1 �Y 1 r•;:,-•. .:f >+ :.4 -.7if.Tc✓' 1 •,•/ �'�• ,N •n< Y� I+l j� Il 1 3 1;• .f 1�1�1��y �'��J/��1��y ',+.'. �►. '4 jiy17�y •�� \ 1:1 11 1 1:' Y II f,.!`��wLa�YA�� �V+r~.e] i,� i'I.3n�R �t�� .. 1 '{i+l�u�•+.T '1 Ter ffirate of rcupatICLI Jrttg jaf ST. ANTHONY of This Certificate issued pursuant to the requirements of Chapter 3 of the Unifo Building rm uance this structure was in compliance with the Code certifying that at the time of iss '/ is l,:•r: 1 �Lt'j.': ^yam=At • building t , I • '.. ^•lid•• various ordinances of the City'•yir?'�' o Bldg. Pertnit • •7 :i use ci2ssification Type construction Fire Zone_--Use Zone Group Same Mr. Peter Jungman Address Owner of Buiding t 55421 Anthony, 'MN -3409 Fordham Court Locality 1:+ I.. Building Address '•..,' ll . :� y: anuary 23, 1998 •\l ryr r' Date: Building Official POST IN A CONSPICUOUS PLACE • i't\� f �L9`�i 1 cr r y. .�1. ..T•1 v� i, "C.• g + 'Sf + li. �Rtr:�.... ,..('•yy?,j+; •1 �� �. !I "f �J�;••• �' +•. , ►� .,.c F, ii• r1\ �:�".1; r•. -', `t<•1 0� '7f�.'1.' n°•'1 �, .: t' � 1 ?` .1 t.y/. 411i,_•Iy;.It1 � „•1'f' ,.( f 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 l' SPRINGSTED Public Finance Advisors DATE: January 30, 1998 TO: Mr. Roger A. Larson, Finance Director City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Continuing Disclosure Reporting Services $1,770,000 General Obligation Tax Increment Bonds, Series 1996A TOTAL DUE ................ ............................................................. 200.00 I declare under penalty of law that this account is just and correct and that no part of it has been paid. SP INGSTED Incorporate BY: BONNIE C. M SON Payment is due on receipt of this billing. After 30 days interest will be charged on any balance at the rate of 1% per month. SAINT PAUL,MN MINNEAPOLIS,MN OVERLAND.PARK,KS BROOKFIELD,WI WASHINGTON,DC IOWA CrrY,IA DORS EY & WHITNEY L L P P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (Tax Idenrificadon No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota January 23 , 1998. Attn: Mr. Michael J. Mornson Invoice No. 596837 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 12/31/97 Client-Matter No: 178820-00128 HRA Acquisition of Residential Property for Redevelopment Preparation of closing package for delivery to City of St . Anthony; telephone conference with M. Mornson; review issues regarding purchase agreement and earnest money; telephone conferences with American Title regarding same; draft letter regarding termination of purchase agreement . Total for Legal Fees $123 . 00 Disbursements and Service Charges Metro Legal Services, Inc. - Obtain Certified 53 . 00 Copy from Dakota County on 09/22/97 Metro Legal Services, Inc . - Obtain Certified 63 . 00 Copies from Dakota County on 09/29/97 Messenger Charges 27 . 00 Total for .Disbursements and Service Charges $143 . 00 Total This Invoice $266 . 00 Service charges are based on rates established by Dorsey do Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT CITY OF ST. ANTHONY HRA RESOLUTION 98-001 A RESOLUTION APPROVING EXECUTION AND DELIVERY OF REDEVELOPMENT AGREEMENT WITH ALAN CHAZIN HOMES, INC. BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA").,-,as follows: 1. It has been proposed that the HRA enter into a Redevelopment Agreement (the "Redevelopment Agreement") with Alan Chazin Homes, Inc. (the `Developer"), pursuant to which the HRA will provide funds in the amount of$30,000 to pay certain public redevelopment costs in connection with a project to be undertaken by the Developer in the City of St. Anthony or to reimburse the Developer for the payment of the costs. 2. The execution and delivery by the HRA of the Redevelopment Agreement is hereby approved, and the Chairperson and Secretary of the HRA are hereby authorized to execute and deliver the Redevelopment Agreement in substantially the form presented to this Board with such additions thereto or deletions therefrom as shall be approved by the Chairperson and Secretary of the HRA, such approval to be conclusively presumed by the execution and delivery of the Redevelopment Agreement by the HRA.' The financial assistance to be provided by the HRA pursuant to.the Redevelopment Agreement shall be paid from tax increment revenue of the HRA legally available therefor. Adopted this day of , 1998. Chairperson ATTEST: Secretary REDEVELOPMENT AGREEMENT HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA AND ALAN CHAZIN HOMES,INC. , 1998 TABLE OF CONTENTS • Section 1.1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 2.1 By HRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 2.2 By Redeveloper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3.1 Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3.2 Undertaking of Project . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . Section 3.3 Certificate of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4.1 Defense of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Section 5.1 Reimbursement to Redeveloper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 6.1 Transfer and Assignment of Agreement . . . . . . . . . . . . . . . ... . . . . . . . Section 7.1 Events of Default . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Section 7.2 Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 7.3 No Remedy Exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 7.4 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.1 Conflict of Interests; HRA Representatives Not Individually Liable . . . . . . . . . . . . . . . Section 8.2 Equal Employment Opportunity . . . .. . . . . . . . . . . . . . . . . . . . . . . Section 8.3 Restrictions on Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.4 Titles of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.5 Notices and Demands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -i- Section 8.6 Counterparts . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule A Redevelopment Property Schedule B Project Description Exhibit A Certificate of Completion -11- REDEVELOPMENT CONTRACT This Agreement is made as of February 10, 1998,by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic (the "HRA") and ALAN CHAZIN HOMES, INC., 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 (the "Redevelopment Project"); 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 Redevelopment Project (the"Redevelopment Plan"); and WHEREAS, the Redeveloper has proposed to redevelop a portion of the c property included in the area subject to the Redevelopment Plan (the"Project Area") and the Redeveloper has requested that the HRA provide financial aid and assistance to such project; and WHEREAS, the HRA believes that redevelopment of a portion 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 Redevelopment 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 pursuant to this Agreement. "City" means the City of St. Anthony; a Minnesota municipal corporation. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property as a part of the Project, 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: 0) 'site plan; (2) foundation plan; (3)basement plans; (4) floor plan for each floor;,(5) elevations on all sides; (6) landscape plan; (7) grading plan; and (8) utility plan. "Event of Default" means as set forth in Section 7.1 hereof. "HRA" means the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate and politic under the laws of the State of Minnesota. "Plans" means Redeveloper's plans for the Project prepared by Baker Associates,Inc., dated October 20, 1997, as submitted to the City and the HRA,with any subsequent amendments approved by the HRA. "Project" means the construction of four townhomes and related common areas and site improvements, all as further described in Schedule B attached to this Agreement. "Project Area" means the area designated for redevelopment by the HRA pursuant to the Redevelopment Plan and the Act. "Redeveloper'' means Alan Chazin Homes,Inc., a Minnesota corporation. -2- "Redevelopment Plan" means Redevelopment Plan of the HRA which relates to the Redevelopment Property. 40 "Redevelopment Property" means the portion of the Project Area described on Schedule A attached hereto. "Section" means a Section of,this Agreement,unless used in reference to Minnesota Statutes. "State" means the State of Minnesota. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies; the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within 10 days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within 10 days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 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 Redevelopment 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 costs related to the portion of the Project described in Schedule C hereto constitute public redevelopment costs as defined in Minnesota Statutes,Section -3- 469.033, which are permitted to be paid from tax increment, pursuant to Minnesota Statutes, Section 469.176. The HRA proposes to financially assist Redeveloper by reimbursing all or a portion of the costs of the Project described in Schedule C which was paid by the Redeveloper. Section 2.2. By Redeveloper. Redeveloper represents and warrants that: (a) Redeveloper is a corporation duly organized and validly existing and in good standing under the laws of the State of Minnesota,has power to enter into this Agreement, and by proper corporate action has duly authorized the execution, delivery and performance of this Agreement. (b) Redeveloper will, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement. (c) Redeveloper has received no notice or communication from any local, state or federal official that the activities of Redeveloper, the City or HRA with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. Redeveloper is aware of no facts the existence of which would cause into be in violation of any local, state or federal environmental law,regulation or review procedure with respect to the Redevelopment Property. • d Neither the execution or delivery of this Agreement, the ( ) ry �' consummation 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. (e) The Redeveloper would not undertake the Project but for the financial assistance being provided by the HRA hereunder and the costs to be paid by the Redeveloper with respect to the acquisition by the Redeveloper of the Redevelopment . Property will be in excess of$30,000. (f) No member of the governing body of the City or HRA or any other officer of the City and HRA has any direct or indirect financial interest in the Redeveloper, the Redevelopment Property or the Project. -4- ARTICLE 3 Completion of Project • Section 3.1 Construction Plans. Redeveloper shall submit Construction Plans to the HRA. The HRA shall approve the Construction Plans in writing if no Event of Default has occurred and,in the reasonable discretion of the HRA, the Construction Plans: (a) substantially conform to the Plans and subsequent amendments approved by the HRA; (b) conform to the terms and conditions of this Agreement; (c) conform to all applicable federal, state and local laws, ordinances,rules and regulations; and (d) provide for minimum disturbance to neighboring properties during construction. No approval by the HRA shall relieve Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances,rules and regulations. 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 3.2 Undertaking of Project. (a) Subject to Unavoidable Delays, Redeveloper will complete the Project all in accordance with the Plans and the Construction Plans on or before May 1, 1999. (b) All work with respect to the portion of the Project consisting of construction shall be in substantial conformity with the Construction Plans approved by the HRA. Redeveloper shall promptly begin the Project and diligently prosecute the Project to completion.' 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 the Project. (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 benefitted properties, all street and utility installations,relocations, alterations and restorations shall be at -5- • 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 Project. Section 3.3 Certificate of Completion. (a) Promptly after completion of the Project in accordance.with this Agreement, Redeveloper will provide the HRA with a certificate in form satisfactory to the HRA executed by the Redeveloper certifying that the Project has been completed in accordance with the Plans and the Construction Plans, 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 with respect to the obligations of Redeveloper to complete the Project. (b) If the HRA shall refuse or fail to provide the Certificate of Completion, the HRA shall, within 15 days after the Redeveloper provides the certificate referenced in Section 3.3(a), provide Redeveloper with a written statement specifying in what respects Redeveloper has failed to complete the Project 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. . ARTICLE 4 Defense of Claims Section 4.1 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 or arising out of or relating to this Agreement or the transactions contemplated by 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 in connection with any claims or proceedings related to payment of relocation benefits.to any person as a result of any redevelopment of the Project Area by the Redeveloper. Promptly after receipt by the HRA or City of notice of the commencement of any action in respect of which indemnity may be sought against the Redeveloper under this Section 4.1, such person will notify the Redeveloper in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Redeveloper shall assume the defense of such action (including the employment of counsel,who shall be counsel satisfactory to the HRA or City, as the case may be, and the payment of expenses) insofar as such action shall relate • -6- to any alleged liability in respect of which indemnity may be sought against the • Redeveloper. The HRA or the City shall have the right to employ separate counsel in any such action and to participate in the defense thereof,but the fees and expenses of such counsel shall not be at the expense of the Redeveloper unless the employment of such counsel has been specifically authorized by the Redeveloper: The Redeveloper shall not be liable to indemnify any person for any settlement of any such action effected without its consent. The omission to notify the Redeveloper as herein provided will not relieve it from any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. ARTICLE 5 Reimbursement of Project Costs to Redeveloper Section 5.1 Reimbursement to Redeveloper. The HRA agrees to reimburse the Redeveloper for$30,000 with respect to costs paid by the Redeveloper with respect to the acquisition and development of the Redevelopment Properly: Such reimbursement shall be paid to the Redeveloper upon the issuance of the certificates of occupancy for all of the four townhouse units to be constructed on the Redevelopment Property in accordance with the Construction Plans: ARTICLE 6 Prohibition on Transfer or Assignment Section 6.1 Transfer or Assignment of Agreement. This Agreement may not be transferred or assigned by the Redeveloper without the prior written consent of the HRA. ARTICLE 7 Events of Default Section 7.1 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 occurs 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): -7- ' . (a) Failure of Redeveloper to complete the Project as required hereunder. (b) Failure of Redeveloper to observe and perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (c) 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. Section 7.2 Remedies on Default. Whenever any Event of Default referred to in Section.7.1 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) 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. In the event any action is commenced against the Redeveloper by the HRA or the City upon the occurrence of an Event of Default, the party commencing such action shall be entitled to recover costs and expenses of such action including reasonable attorneys fees, from the Redeveloper. Section 7.3. 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. -8- I Section 7.4. 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 8 Additional Provisions Section 8.1 Conflict of Interests: HRA and City Representatives Not Individually Liable. No member, official, employee, or consultant or employees of the consultants of the HRA or the City 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 or the City shall be personally liable to Redeveloper, or any successor in interest,in the event of any default or breach by the HRA or the City or for any amount which.may become due to Redeveloper or successor or on any obligations under the terms of this Agreement. Section 8.2 Equal Employment Opportunity. Redeveloper, for itself and • its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. Section 8.3 Restrictions on Use. Redeveloper agrees for itself, and its successors and assigns, that Redeveloper, and such successors and assigns, 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 8.4 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. Section 8.5 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 as follows: -9- (a) in the case of Redeveloper, addressed to or delivered personally to . Redeveloper at Alan Chazin,5353 Wayzata Boulevard, Suite 602, Minneapolis, Minnesota 55416,Attention: Alan Chazin; (b) in the case of the HRA, addressed or delivered personally to the HRA's Executive Director, 3301 Silver Lake Road, St. Anthony, Minnesota 55418; or at such other address with respect to any such party as:that party may,from time to time, designate in writing and forward to the other parties 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. • -10- 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 ALAN CHAZIN HOMES, INC. By Its President -11- STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was.acknowledged before me this day of 1998,by the Chairman and the Secretary of the Housing and Redevelopment Authority of St. Anthony, Minnesota. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1998,by Alan Chazin, the President of Alan Chazin Homes, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public DRAFTED BY: Dorsey & Whitney'LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 -12- SCHEDULE A • REDEVELOPMENT PROPERTY The South 133.00 feet of the West 198.00 feet of the Southwest Quarter of the Northwest Quarter of Section 6,Township 29, Range 23, Hennepin County, Minnesota. • SCHEDULE B PROJECT DESCRIPTION I. SITEWORK • Per site plan submitted Alan Chazin Homes will redevelop former Clark Station site and build four (4)townhome units on the site. A curb cut on Stinson will be provided as access and on-site parking for four (4) additional cars is provided. II. EXTERIOR • The townhomes will be "maintenance" free exteriors with a combination of rockface block,brick, vinyl, aluminum soffit and fascia used on the buildings. See elevations for details. III. STRUCTURE • The structure is wood frame construction placed on concrete footings and block crawl space. All framing members are wood. A combination of T.J.1's, floor trusses and roof trusses with fire-walls make up the basic structure. Asphalt.shingles will be used on the roof. See plans for structural details. IV. INTERIORS • All units have a 2 car garage tucked under. A mechanical room with furnace and water heater is provided. Additional storage is provided in crawl space.. In addition, a central foyer,living room,family room,kitchen, two bedrooms, 1-1/2 baths, and office are provided per plan. V. UTILITIES -All units will be separately metered for the following: a. Electric b. Water/Sewer (separate lines to exact unit) C. Natural Gas d. Phone/Cable e. A House meter (electric) will be provided for site lighting(common exterior) f. Outside lawn irrigation will be metered separately as well EXHIBIT A - • CERTIFICATE OF COMPLETION WHEREAS,the.Property described on Exhibit 1 attached hereto and made a part hereof (the"Property") is subject to the provisions of a certain Redevelopment Agreement (the"Agreement") dated , 1998 by and between Alan Chazin Homes, Inc. (the"Developer') and the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"); and WHEREAS, the Developer has fully and duly performed all of the covenants and conditions of the Developer under the Agreement with respect to the completion of the Project (as defined in the.Agreement); NOW,THEREFORE,it is hereby certified that all requirements of the Developer under the Agreement with respect to the completion of the Project 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 completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. Dated this day of , 199_. • HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary A-1 • . STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this. day of , 199_,by , Chairman and Secretary of the Housing and Redevelopment Authority of St. Anthony, Minnesota. Notary Public This Instrument Was Drafted By: DORSEY& WHITNEY LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 • A-2 CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY,MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony,Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: Resolution Approving Execution and Delivery of Redevelopment Agreement and with Alan Chazin Homes,Inc. • 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of , 1998. Michael Mornson, Executive Director