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HomeMy WebLinkAboutCC PACKET 05251999 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioosao Box: 17 Folder: CC PACKETS 1999-2001 Document: CC PACKET 05251999 I H.R.A. IM MEDIATELY FOLLOWING REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA May 25, 1999 7:00 PM Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF MAY 25, 1999 CITY COUNCIL REGULAR MEETING AGENDA. IV. APPROVAL OF MAY 11 , 1999 CITY COUNCIL REGULAR MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Purchase of Properties: 1 . Evergreen Land Services Company - $709.80. B. Underground Storage Tanks: _ 1 . Ceres Environmental Services - $2,000.00. 2. Nova Consulting Group - $1 ,385.00. C. Legal/Prosecutions: 1 . Foster, Wentzell, Hedback & Brever - $3,000.00. D. Engineering Services: 1 . SEH/RCM - a. $500.00. b. $250.00. C. $149.97. d. $1 ,906.13. e. $3,981 .03. E. 1999 Street and Water Main Improvements: 1 . Northdale Construction Company - $55,153.77. F. Silver Point Park and Central Park Storm Water improvements: 1 . Richard Knutson, Inc. - $56,486.88. G. Verified. VII. REPORTS. A. Planning Commission - May 18, 1999. 1 . Sunset Memorial Cemetery; for 2250 St. Anthony Boulevard; side yard setback variance request. City Council Regular Meeting Agenda May 25, 1999 • Page 2 2. Dave Sperry; for 4XXX Fordham Drive; lot width and lot area variance requests. 3. Coppo Partners; for 2837 Anthony Lane South; rear yard setback variance request. B. Stuart Bonniwell will present the 1998 City Audit. C. Mark Flaten will be present to discuss renewal of the City's insurance. D. Councilmembers. E. Mayor. F. City Manager. VIII. PUBLIC HEARINGS - None. 1X. NEW BUSINESS. A. Resolution 99-041 , re: Approval of a tax impact study for the Salvation Army property. B. Resolution 99-042, re: Approval of City's participation in the CDBG program. C. Ordinance 1999-005, re: Park dedication (1 s` reading); and Resolution 99-043, re: Fees for park dedication. • X. UNFINISHED BUSINESS. A. Ordinance 1999-004, re; Right-of-way management (2nd reading). XI. ADJOURNMENT. 1 CITY OF ST. ANTHONY REGULAR CITY COUNCIL MEETING 4 MAY 11, 1999 5 6 7 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 8 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 9 Ranallo. 10 11 II. ROLL CALL. 12 Councilmembers present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen. 13 Councilmembers absent: None. 14 Also present: City Manager Mike Morrison, City Attorney William Soth. 15 16 III. APPROVAL OF MAY 11, 1909 REGULAR COUNCIL MEETING AGENDA. 17 Motion by Marks, second by Faust to approve the May 11, 1999 Regular City Council Meeting 18 Agenda with the following addition: 19 20 VII. Reports, before Councilmembers Reports, Report from Parks Commission Chair Carol 21. Jindra. 22 23 Motion carried unanimously. IV. APPROVAL OF APRIL 27,1999 REGULAR CITY COUNCIL MEETING MINUTES. 26 Motion by Marks, second by Thuesen to approve the April 27, 1999 Regular City Council 27 Meeting Minutes as presented. 28 29 Motion carried unanimously. 30 31 V. LICENSES/PERMITS/PETITIONS. 32 M_ otion by Marks, second by Faust to approve the following licenses: 33 34 General Contractors License: 35 Dorglass Inc., Plymouth, MN/working at 3804 Highcrest Road 36 Sign-A-Rama, Roseville, MN/working at the Middle School 37 Minnesota Sign Company, Inc., Cambridge, MN/working at 4001 Stinson Blvd 38 Northeast Tree & Timber, Mpls, MN (Renewal) 39 40 Garbap-e Haulers License: (Renewal) 41 BFI of North America, Inc. /Inver Grove Heights, MN 42 43 Heating License: 44 Midland Heating & Air Conditioning, Inc., Richfield, MN/working at 3101 Edward Street 47 Motion carried unanimously. City Council Meeting Minutes May 11, 1999 Page 2 1 2 VI. PRESENTATION OF CLAIMS. 3 Motion by Marks, second by Faust to approve the following claims: 4 5 A. Storm Water Analysis/Projects: 6 1. WSB & Associates, Inc. in the amount of- 7 a. $15,040.76 for professional services rendered from March 1, 1999 through 8 March 31, 1999 with regard to Silver Point Park& Central Park Storm 9 Water Improvements Construction. 10 b. $1,887.74'for professional services rendered,from March 1, 1999 through 11 March 31, 1999 with regard to Harding Street Public Involvement& 12 Preliminary Design. 13 C. $43.00 for professional services rendered from March 1, 1999 through 14 March 31, 1999 with regard to I/I Study. 15 d. $399.50 for professional services rendered from March 1, 1999 through 16 March 31, 1999 with regard to DNR& FEMA Grant Administration. 17 e. $345.00 for professional services rendered from March 1, 1999 through 18 March 31, 1999 with regard to 1999 Flood Proofing Grant Program. 19 f. $206.00 for professional services rendered from March 1, 1999 through ' 20 March 31, 1999 with regard to Storm Water Feasibility Study. 21 B. 1999 Street Project: 22 1. WSB & Associates. Inc. in the amount of$1,161.00 for professional services 23 rendered from March 1, 1999 through March 31, 1999 with regard to 1999 Street, 24 Utility and Stormwater Improvement Construction Services. 25 C. Legal Services: 26 1. Dorsey & Whitney in the amount of: 27 a. $2,911.55 for legal services rendered through March 31, 1999 with regard 28 to the $425,000 General Obligation Improvement Bonds, Series 1999A. 29 b. $985.00 for legal services'rendered through March 31, 1999 with regard to 30 storm water improvements. 31 C. $681.50 for general"legal services rendered through March 31, 1999. 32 D. Water Filtration Plant Repair: 33 1. SEH/RCM in the amount of: 34 a. $962.93 for professional services rendered through March 31, 1999 with 35 regard to WTP repair- GAC filtration plant plans and specifications. 36 b. $1,220.75 for professional services rendered through March 31, 1999 with 37 regard to water treatment plant repair, construction administration, bidding 38 & inspection. 39 E. 3 pages of Verified Claims as presented by the Finance Director. 40 41 Motion carried unanimously. City Council Meeting Minutes May 11, 1999 Page 3 1 2 VII. REPORTS. . 3 Ranallo welcomed Parks Commission Chair Carol Jindra and invited her to address the Council. 4 Ms. Jindra stated the Parks Commission had met and agreed on an equipment vendor for the 5 Water Tower Park playground, and an order for equipment would be placed by Friday, May 14. 6 She added the contractor hopes to break ground by the end of the week if weather permits, which 7 means a July park opening is feasible. 8 9 Ms. Jindra stated that Silver Point Park construction is ahead of schedule and the Commission is 10 pleased with the progress. She added the playground equipment for that.park would be ordered 11 and installed by the summer. 12 13 Ms. Jindra expressed the Parks Commission's consensus that the Salvation Army Camp would 14 be ideal park space for the City, adding this sentiment was echoed at the recent stakeholders 15 brainstorming session. She expressed concern that a recent Bulletin article misrepresented that 16 meeting and indicated the consensus was for housing development, which was not the case. 17 Ms. Jindra stated the Parks Commission strongly urges the Council to determine possible it partners and financial opportunities available to enable the City to purchase the property, as well 20 as considering a reciprocal use agreement with the property's new owners if it does not. 21 22 Ranallo asked whether Silver Point Park would be in use this summer. Ms. Jindra stated the play 23 equipment and trails would be usable but the fields will not be ready for use and will be blocked 24 off. She reiterated the Commission's pleasure with the park's progress. 25 26 Cavanaugh asked whether the Sports Boosters had approved the soccer field grade in Silver Point 27 Park. Ms. Jindra confirmed this, adding the grade on that field is typical of soccer fields. 28 29 Marks asked for an update with regard to resigning Commissioners. Ms. Jindra stated that 2 30 Commissioners are resigning, one due to other commitments and one due to a proposal of 31 marriage which causes her to leave the City. She added that 2 individuals have expressed 32 interest in these openings and she would like to arrange interviews with the Council. Ranallo 33 stated the positions must be posted in the bulletin to make it open to everyone, and interviews 34 would be conducted with the 2 individuals in contact with Ms. Jindra as well as any other 35 interested residents. 36 37 Ranallo thanked Ms. Jindra for her report, and requested that she convey the Council's 38 appreciation to the Commission of their hard work and efforts on behalf of the City. A. Councilmembers. City Council Meeting Minutes May 11, 1999 Page 4 1 Faust reported that the Volunteer Dinner on April 30, 1999 was a great event, and he thanked the 2 individuals who participated in volunteer programs throughout the.past year. 3 4 Faust reported that the Spring Clean-Up Day held May 1, 1999 was.a resounding success. He 5 thanked the mayor and Councilmembers who were able to attend and assist in this effort. He 6 also thanked the community for their cooperation in making the community a clean, safe place to 7 live. 8 9 Faust reported on 2 issues discussed at the May 6, 1999 Cable Commission meeting: a television 10 shoot with Students Against Drunk Driving(SAD D)members which aired this week; and a 11 Cable Commission scholarship which was awarded to St. Anthony High School student Jason 12 March who will use the funds to attend a college course in mass communications. 13 14 Ranallo stated that a Cable Club has been formed by City students interested in cable, which is a 15 first for the City and will represent some real help for the cable channel. 16 17 Thuesen thanked those residents and City staff involved in planning the volunteer dinner which 18 was a big success. 19 20 Thuesen reported on his attendance at a recent Community Services Advisory Council.meeting 21 which was their final meeting until the fall, at which time the group plans to focus on deficit 22 spending which has occurred over the past few years. He added some issues to be discussed are 23 fee increases, decrease in programming, and other revenue options. 24 25 Thuesen stated that Community Services reports good participation in their programs, and good 26 feedback from residents who have been involved in these programs. 27 28 Thuesen reported on his attendance at the 2nd intergenerational dialogue at which the results of 29 the 1 st dialogue were discussed and a plan of action was considered. 30 31 Cavanaugh reported that the 2nd iniergenerational dialogue was a forum for prioritizing the 149 32 recommendations which were resultant from the 1 st dialogue. He stated that 4 major committees 33 were formed to discuss these recommendations and a report will be presented to the Council with 34 the committee's findings to discuss how this visioning work can be,brought to the Council's 35 agenda. 36 37 Cavanaugh stated that one of the issues discussed was safe, affordable activities for youth, which 38 is also a priority for the Chemical Health Coalition. He added there was a need expressed for a 39 teen center, and 2 groups are reviewing available land and buildings for such a purpose. He 40 expressed his enthusiasm over the amount of energy that participants bring to these dialogues. 41 City Council Meeting Minutes May 11, 1999 . Page 5 1 Cavanaugh expressed his thanks to the City staff who planned the volunteer appreciation dinner 2 which was an excellent event. He added that he received feedback from some attendees who 3 wanted more time for socializing. 4 5 Cavanaugh-reported that the VillageFest monthly meeting took place Monday, May 10, 1999 and 6 plans are moving ahead and on schedule. 7 8 Cavanaugh reported on his attendance at an ACTION Board Meeting at which the 9 ,intergenerational dialogues were discussed and the need to keep leadership momentum going. 10 11 Cavanaugh reported on his attendance at a Hennepin County Y2K event which revealed that the 12 real work toward Y2K compliance and organization is at the community level and in 13 neighborhoods. 14 15 Cavanaugh stated that the SADD demonstration shown at the high school was impressive, and 16 involved-representatives from the Police and Fire Departments, Sherriff's Office, medical 17 coroner, and Lifelink helicopter. He added that the video is excellent and should be shown if it is 40 available. He stated it was critiqued in the auditorium after the showing, and a paraplegic victim of a drunk driver gave his perspective. 20 21 Marks applauded the planners of the volunteer dinner and Spring Clean-Up Day. 22 23 Marks reported on his attendance at the Parks Commission meeting as Council liaison. He stated 24 a group of City youth attended who were interested in seeing a skateboarding area constructed in 25 Central Park. He expressed the group's positive attitude and interest in having a safe, chemical- 26 free way to have fun. He stated he was impressed with the Parks Commission's supportive 27 response to the youth. He added that the Commission is working on many positive issues and 28 their work in the parks is progressing. 29 30 Marks reported that the Salo, Finland Fire Brigade Band's web page displays a photo taken of 31 the band on the St. Anthony fire truck which he has been told is very interesting-. He added that 32 the Salo dance group visit will take place in about a month. 33 34 Thuesen asked, with regard to the skateboarding discussion at the Parks Commission meeting, 35 how the skateboarders' comments and requests were received. Marks stated the Commission's 36 response was positive, and they agreed to look into the issue. He added that the skateboarders 37 said that a skateboarding area was being planned at Nativity Church. He asked Ms. Jindra to 38 address this issue. 0 Ms. Jindra stated that Commission was impressed with the skateboarders, ranging from 8th to 41 1 1th grades, and their willingness to express their interests to the community. She added they City Council Meeting Minutes May 11, 1999 Page 6 1 indicated that skateboarding was their passion, and they asked the Commission to consider 2 adding a skateboarding area to Central Park where they could practice and have fun in a 3 chemical-free way. 4 5 Ms. Jindra stated the Commission might consider such an arrangement on a trial basis. She 6 added that Nativity Church is planning a skateboarding area which the Commission can observe 7 to determine whether it is something the City might want to try. 8 9 Ranallo stated that a drawback might be the City's insurance liability which might require kids to 10 sign a waiver. Marks stated the skateboarders were aware of the insurance issues. Jindra stated 11 the Commission had suggested a sign could be used requiring protective gear, and the 12 skateboarders were receptive to that suggestion. 13 14 B. Mayor. 15 Ranallo stated the 1 st of 3 neighborhood meetings would take place tomorrow May 12, 1999 at 16 7:00 PM in Council chambers involving residents and businesses south of 29th Avenue. He 17 added these meetings will cover general topics such as crime prevention, Y2K compliance, and 18 sex offender notification. He invited residents to attend these meetings based on their area of 19 residence. 20 21 Ranallo stated the emergency situation video tape is available to be sold, and will be aired on the 22 cable channel. He added he is unsure whether a copy is available at the library. . 23 24 C. City Manager. 25 Momson stated the City is working with High School administrators and engineers to design a 26 ring road around the school at no cost to the City which will be an improvement over the existing 27 road. He added this improvement is part of the school referendum of a few years ago. 28 29 Morrison reported the Salvation Army camp ad hoc committee has directed himself and the 30 School superintendent to work with Springsted in exploring options for possible public purchase 31 of the property, as well as impact to taxpayers. He added that Springsted will compile a proposal 32 for consideration by the School and City Council,the cost for which will be split between the 33 two. He stated this will probably be on the next meeting's agenda. 34 35 Mornson reported that a meeting is being arranged involving representatives from Hennepin 36 County Parks System and hopefully Anoka and Ramsey Counties, to begin a dialogue to 37 determine county interest and possible funding. He added he will report back to the Council at 38 the next meeting, and the ad hoc committee continues to meet. 39 • City Council Meeting Minutes May 11, 1999 Page 7 1 Morrison reported that 15 different firms have expressed an interest in assisting the City with the 2 design of the new public works facility. He added he will report to the Council on this issue in 3 mid-June. 4 5 Morrison stated an audio system will be installed in the Community Center's atrium with funds 6 from the general improvement fund as agreed at a recent worksession. He added the cost of the 7 audio system will be partly covered under a grant from the North Suburban Cable Commission 8 which will also cover costs of a larger podium microphone and lower cameras in the Council 9 chambers. 10 11 Mornson stated that basic planning courses will be available on-site to the new Planning 12 Commissioners as well as the existing Commissioners and interested Councilmembers. 13 14 Mornson stated the City is in the process of planning next year's flood project, and the feasibility 15 study on 29th Avenue is moving along. He added that as 29th Avenue is considered a State aid 16 highway, the City will need to request the capability to borrow against funds from the 17 Department of Transportation. Cavanaugh asked whether a design for the pocket parks along St. Anthony Boulevard has been 20 finalized. Mornson stated that 3 other homes are still to be purchased by the City, and the June 21 worksession will include a report from the consultants negotiating on those properties and from 22 WSB on what will happen to the total project if the City does not acquire the 3 remaining 23 properties. 24 25 Morrison reported that a neighborhood meeting will be held May 20, 1999 to begin planning for 26 the 2nd storage pond, construction for which will commence in 12-18 months. He added that the 27 elimination of the holding pond at the north corner of the community center as been approved by 28 the Rice Creek Watershed District due to the larger pond being constructed in Central Park. 29 30 Morrison stated that City staff will meet this week and throughout the summer with 31 representatives from the DNR regarding the bonding bill for next summer. He emphasized the 32 City's excellent relationship with the DNR which will be helpful in this process. 33 34 VIII. PUBLIC HEARINGS -None. 35 36 IX. NEW BUSINESS. 37 A. Resolution 99-036. re: Authorize debt analysis study. 38 Motion by Marks, second by Thuesen to approve Resolution 99-036, authorizing a debt analysis study for the City of St. Anthony. #41 Motion carried unanimously. City Council Meeting Minutes May 11, 1999 Page 8 ' 1 2 B. Resolution 99-037, re: Support for acquisition of abandoned Burlington Northern 3 Railroad corridor. 4 Marks stated the railroad property in question could eventually be used for a light rail system, but 5 meanwhile could be utilized for trails, and might ultimately be used for trails. 6 7 Ranallo welcomed Hennepin County Commissioner Mark Stengline and invited him to address 8 the Council on this issue: Stengline stated that the Hennepin County Regional Rail Authority 9 views this property as a vital link for future rail needs as it completes a criss-cross of the entire 10 region. He added the County looks.forward to the City's support in its purchase of this property. 11 12 Motion by Marks, second by Cavanaugh to approve Resolution 99-037, declaring.support for 13 acquisition of the abandoned Burlington Northern and Santa Fe (BNSF) Railroad corridor 14 through Roseville, St. Anthony, and Minneapolis. 15 16 Motion carried unanimously. 17 18 C. Ordinance 1999-003, re: Moratorium on the Salvation Army Camp property (waive 1 st 19 and 2nd readings and adopt). S 20 City Attorney William Soth stated a Minnesota State Statute permits cities to impose a 21 moratorium for a period of 1 year on a property to conduct studies regarding future zoning and 22 use of that particular property within the City. He added the moratorium may be extended a 23 further 18 months. 24 25 Soth stated the moratorium will not affect current uses or owners of the property but will put on 26 hold any applications for permits to change those uses,rezone or construct different facilities on 27 the property. 28 29 Soth stated that from time to time the waiving of the normal 3 readings of an ordinance is 30 deemed appropriate, and this would be such a case as 3 readings would defer adoption during 31 which time applications could be made. 32 33 Cavanaugh asked what types of uses are permitted under recreational zoning. Morrison reviewed 34 the City's ordinance on recreational zoning, including indoor/outdoor recreational facilities 35 operated by government agencies or non-profit organizations. 36 37 Cavanaugh asked whether the moratorium would create the potential for some change in land 38 use. Soth stated the moratorium will allow that to be studied. 39 40 J. Patrick Plunkett, an attorney for the Salvation Army, addressed the Council with regard to this 41 issue, stating the Army has been in active negotiations with a party for the sale of the property City Council Meeting Minutes May 11, 1999 Page 9 1 for a sum substantially in excess of the City's upper limit of$10 million. He'added the Army 2 feels this moratorium may not be used for the purposes of targeting a particular property, and the 3 action is arbitrary and would not be sustained in the courts. 4 5 Mr. Plunkett stated the moratorium would have the chilling effect of preventing the Salvation 6 Army from selling the property, as any interested party would be purchasing the property at risk. 7 He added that this moratorium would have a vast negative impact on the Salvation Army, which 8 conducts many good works throughout the community. 9 10 Ranallo stated the City has attempted to obtain any amount of information from the Salvation 11 Army with no success over the past months, and Mr. Plunkett's information is the first the 12 Council has heard about these active negotiations. 13 14 Mr. Plunkett stated the Army's decision to sell the property is based on a number of factors, 15 including an opportunity to acquire property in northern Minnesota for a camp. He added the 16 Army is not in a position to maintain 2 camps, and if the ability to sell this camp is put on hold, it 17 will adversely affect the Army's ability to proceed with its plans. Ranallo asked whether a final decision has been made. Plunkett stated that no purchase 20 agreement has been signed,but if the City and School Board proceed with these condemnation 21 proceedings, the numbers are in excess of what has been presented. 22 23 Soth stated that risks are always involved with the sale of property which is unique. He added 24 the City needs to determine what the permitted uses of this property should be, adding that there 25 is no current intention to rezone or make changes to the Comprehensive Plan. He reiterated that 26 State law gives the City the right to hold off any changes in the meantime. 27 28 Plunkett stated that in his opinion the moratorium and the potential condemnation which it 29 represents is not consistent with the laws of the state. 30 31 Ranallo stated the City has never discussed the possibility of condemnation. Plunkett stated the 32 potential for condemnation would exist if a moratorium were imposed. 33 34 Cavanaugh stated the City is on a journey from Salvation Army ownership of the property to its 35 new owners, whoever they may be. He added the moratorium allows the community to make 36 this orderly transition from present to future use, and the City has some control over future use. 37 Plunkett stated these opportunities exist for the City through rezoning and conditional use 38 permits which carry statutory time limits. He reiterated that the Salvation Army believes the moratorium is inappropriate. City Council Meeting Minutes May 11, 1999 Page 10 1 Marks stated the Council is responsible for the interests of the City and its residents. He added 2 the Salvation Army camp property represents a tremendous opportunity for the'City?s parks 3 system. He expressed his belief that the moratorium is prudent and necessary. 4 5 Motion by Marks, second by Faust to waive the first two readings and adopt Ordinance 1999- 6 003, relating to a moratorium on changes in the use of the property known as the Salvation Army 7 Camp property, and on the issuance of any new building permits or other permits for such 8 property; amending Section 1330.01 and Section 1330.04, Subd. 1 of the St. Anthony City Code. 9 10 Motion carried unanimously. 11 12 D. Resolution 99-038, re: Authorize appraisal of Salvation Army Camp property. 13 Motion by Faust, second by Thuesen to approve Resolution 99-038, authorizing appraisal of the 14 Salvation Army Camp property in the City of St. Anthony. 15 16 Motion carried unanimously. i 17 18 E. Resolution 99-039, re: Memorandum of Understanding with ISD #282 relating to the 19 1999 local election. ' 20 Motion by Thuesen, second by Marks to approve.Resolution 99-039, approving the 21 Memorandum of Understanding with St. Anthony/New Brighton School District No. 282 22 relating to the 1999 local election. 23 24 Motion carried unanimously. 25 26 F. Resolution 99-040, re: Approve proposal for alley improvements. 27 Motion by Marks, second by Cavanaugh to approve Resolution 99-040, approving a proposal for 28 completion of certain alley improvements. 29 30 Motion carried unanimously. 31 32 G. Ordinance 1999-004, re: Right-of-ways (1st readin�l. 33 Motion by Faust, second by Thuesen to approve Ordinance 1999-004, relating to managing and 34 regulating public right-of-way in the public interest and to provide for the issuance and 35 regulation of right-of-way permits by adding a new Section 1165 to the 1993 St. Anthony Code 36 of Ordinances. 37 38 Motion carried unanimously. 39 40 Ranallo welcomed Diana Roadfeldt to address the Council. Diana Roadfeldt, 2924 Rankin 41 Road, stated she wished to provide more information for the Council with regard to available City Council Meeting Minutes May 11, 1999 40 Page 11 1 grants for development. She added that when she last addressed the Council, it was noted that 2. many grants are income sensitive for which the City would not be eligible. 3 4 Ms. Roadfeldt stated other metropolitan communities have received substantial grants from the 5 Liveable Communities fund, which aims to minimize the limit of urban sprawl and favors first 6 ring suburbs. She added Minnetonka had recently received a grant of$775,000 to redevelop 7 their city park. Morrison stated there was an housing income component to the Minnetonka 8 grant. Ms. Roadfeldt stated it was just for parks. 9 10 She expressed regret that the City is missing these grant opportunities, and urged the Council to 11 seriously consider moving quickly to help the City proceed with researching and obtaining 12 available grants. 13 14 Cavanaugh asked whether the City had explored these-grant opportunities. Morrison stated some 15 grants have been explored, but the Liveable Communities funds usually entail a housing 16 component. Ms. Roadfeldt stated she had confirmed that a housing component is not tied to the 17 grant. Ranallo requested that Morrison review these grant opportunities. Cavanaugh expressed interest 20 in reviewing whether the grant opportunities are proportionate with the effort it takes to obtain 21 the funds and determining whether any real opportunities exist. Faust stated the League of 22 Minnesota Cities might have some resources to assist with this. 23 24 Thuesen expressed interest in exploring grant opportunities for future projects, adding that while 25 City staff does an excellent job in this area,the City might be missing out on these opportunities. 26 27 Motion by Marks, second by Faust to direct City Manager Mike Morrison to investigate available 28 grant programs and make recommendations to the City Council. 29 30 Motion carried unanimously. 31 32 Cavanaugh expressed concern that the Salvation Army Camp property situation is not being 33 handled with the necessary urgency, and the appraisal process will be lengthy. He stressed the 34 importance of moving forward quickly for the City's legitimacy in the process. 35 36 Faust stated it will be necessary to determine the property's worth before an offer is made. 37 Ranallo stated that funding sources have not been determined. Faust stated the City must 38 determine whether there are willing collaborators with the necessary funds, and Mornson's 9 meeting with the Regional Parks is a step in the right direction. He added the moratorium gives the City the opportunity to compile an orderly, managed plan. 41 City Council Meeting Minutes May 11, 1999 Page 12 1 Cavanaugh stated the City's objectives should be carried out with dispatch, especially in light of 2 Mr. Plunkett's information regarding active negotiations for the property, and expressed his 3 frustration. 4 5 Marks stated it is necessary to determine what the City would do with the property and arrive at a 6 consensus, adding he would like to see it as part of the parks system. He added the community 7 must come together to make this decision first. 8 9 Cavanaugh stated that collaborators would be involved in such a decision. Thuesen stated that 10 while a sense of urgency exists, it is important that the process be systematic, and an appraisal is 11 an important part of the process. 12 13 Ms. Jindra reiterated the Parks Commission's position that the City needs to approach any and all 14 avenues for collaboration and pursue the property for parklands. 15 16 X. UNFINISHED BUSINESS -None. 17 18 XI. ADJOURNMENT. 19 Motion by Marks, second by Cavanaugh to adjourn the meeting at 8:24 P.M. 20 21 Motion carried unanimously. 22 23 . Respectfully submitted, 24 25 Mary Mullen 26 Timesaver Off Site Secretarial, Inc. 27 28 29 30 Mayor 31 32 33 34 ATTEST: 35 City Clerk 36 Saint Anthony Village DATE May 25, 1999 ApprovaljV\S TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval General Contractors License: Central Minnesota Tree Service, Fridley, MN Johnson Concrete Masonry & Waterproofing, Minneapolis, MN Arrigoni Brothers Company, St. Paul, MN/ Tower Park Contractor Heating Licenses: Marsh Heating & Air Conditioning, Brooklyn Park, MN/working,at 3612 Coolidge Multiple Dwelling License: (Renewal) Macalaster Manor, 3800 & 3808 Macalaster Drive Chandler Place, 3701 Chandler Drive Equinox Properties, 2808 Silver Lane Autumnwoods Apartments, 2600 Kenzie Terrace Caravelle Apartments, 3713-3720 Foss Road Highcrest Manor, 3605-3615 -37' Avenue NE Saint Anthony Village . DATE: May 25, 1999 Approval: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval Temporary 3.2 Beer Permit: Hai Quan/Honeywell Finance Department Picnic/ July 22, 1999/Central Park EVERGREEN LAND SERVICES COMPANY DATE 05/06/99 . 6110 BLUE CIRCLE DRIVE, #140 MINNETONKA, MN 55343 (612) 930-3100 CONSULTANT'S INVOICE SENT TO: City of St. Anthony INVOICE NUMB E R TAX I.D. NUMBER 41-1222189 WORK ORDER NUMBER 187900 SERVICE AND EXPENSE FOR 04/16/99 THRU 04/30/99 JOB NUMBER SERVICE EXPENSE TOTAL 197901 360.00 9.90 369.90 297901 330.00 9.90 339.90 TOTAL SERVICES $ 690.00 TOTAL EXPENSES $ 19.80 TOTAL INVOICE AMOUNT $ 709.80 APPROVALS: CONSULTANT: . IL DATED: — DATED: CERES-ENVIRONME-NTAL SERVICES Invoice 3825- 85TH AVE NORTH BROOKLYN PARK, MN 55443 Invoice Number: 23950 Invoice Date: V 612-425-8822 Apr 22, 1999 Fax: 612-42a-5636 Page: 1 Sold:To: Ship to: CITY OF ST.-ANT--TONY ST.-ANTHONY-PU-BLICAAIGRKS 3301 SILVER LAKE ROAD ST. ANTHONY, MN ST.ANTHONY, MN 55418 _ Customer ID Customer PO Payment Terms STA RESOLUTION#98-054 Net 30 Days Sales Rep ID Shipping Method Ship Date Due Date ML CERES 5/22/99 Quanti Item Description Backorder Qty Unit Price Extension 1.00 ADJUSTED FIGURES FOR 2,000.00 2,000.00 ADDITIONAL WORK PERFORMED FOR THE UST REMOVAL AND AST INSTALLATION PROJECT AT THE PUBLIC WORKS DEPARTMENT. *"PLEASE DISREGARD PREVIOUS INVOICE NUMBER 23759"* Subtotal 2,000.00 Sales Tax Freight Check No: Total Invoice Amount 2,000.00 Payment Received 0.00 . TOTAL 2,000.00 Invoice 993492 Invoice Date: 5/17/99 NovaPage: 1 Consulting Group, Inc. P.O./Contract Number: Suite 400 Hazeltine Gates 1107 Hazeltine Boulevard Project Number: M990078 Chaska,MN 55318 612/448-9393 FAX 612/448-5159 Project Manager: BLAHAO01 Customer ID: STANT001 Bill To: St. Anthony Village Terms: Due Upon Receipt 3301 Silver Lake Rd. Job Description: St. Anthony MN 55418 Public Works Facility. Petroleum Release Investigation Contact: Mr. Jay Hartman Description Quantity Rate Amount Report Compilation/Review 20.00 $55.00 $1,100.0 Ofting 3.00 $40.00 $120.00 Word Processing 3.00 $30.00 $90.00 Senior Report Review 1.00 $75.00 $75.00 Total: $1,385.000 0021-1 Foster,Wentzell,Hedback&Brever,LLC Attorneys at Law Suite 201 Anthony Place 2855 Anthony Lane South St.Anthony NIN 55418 (612)789-1331 FAX:(612)789-2109 City of St.Anthony May 3, 1999 3301 Silver Lake Road St. Anthony MN 55418 Attention: Roger Larson r In Reference To: 8001.01 Invoice# 31673, Please return the top portion of the bill with your payment Amount Previous balance $3,000.00 Hours For professional services rendered 0.00 $3,000.00 4/22/99-Payment-thank you ($3,000.00) Balance due $39000.00 Foster,Wentzell,Hedback&Brever,LLC-Suite 201-2855 Anthony Lane South-St.Anthony,MN 55418 AdNW 10901 Red Circle Drive,Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX AMIWAMSef I Ic M architecture engineering environmental transportation April 27, 1999 Invoice No. 53560 Project No. A000016226.01 CITY OF ST., ANTHONY .3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: MIKE MORNSON For: BRIDGE NO. 27640 1998 BRIDGE INSPECTION Professional Services for the period ending March 31, 1999 ---------------------------------------------------------- Fee Total Fee 500.00. Percent Complete 100. 00 Fee Earned 500. 00 Total Earned 500.00 Previous Fee Billing Current Fee Billing 500. 00 TOTAL NOW DUE & PAYABLE. . . . . $ 500.00 t Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. � 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX qF]flcm architecture engineering environmental transportation April- 27, 1999 Invoice No. 53566 Project No. A0000.10308 .05 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: JAY HARTMAN For: 1999 STATE AID REPORTS Professional Services for the period ending March 31, 1999 ---------------------------------------------------------- Fee Total Fee 250. 00 Percent Complete 100. 00 Fee Earned 250.00 Total Earned 250. 00 Previous Fee Billing Current Fee Billing 250. 00 TOTAL NOW DUE & PAYABLE. . . . . $ 250. 00 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX architecture engineering environmental transportation May 10, 1999 Invoice No. 53595 Project No. A000010367. 03 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: ROGER LARSON For: 33RD AVENUE CONSTRUCTION Professional Services for the period ending March 31, 1999 ---------------------------------------------------------- Professional Personnel Hours Amount CONST SERV. ENGR 2 . 0 tSECRETARY 0.5 Totals 2.5 149.97 Total Labor 149.97 Subtotal $ 149.97 Billing Summary Current Prior Pds To-date Total Billings 149.97 24 , 193 .44 24 , 343 .41 Limit 25, 000. 00 TOTAL NOW DUE & PAYABLE. . . . .. $ 149.97 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design;and achieve. Adw 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX m architecture engineering environmental transportation tatron May 10, 1999 Invoice No. 53594 Project No. A000010408 .03 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: ROGER LARSON For: 1998 STREET IMPROVEMENTS CONSTRUCTION Professional Services for the period ending March 31, 1999 ---------------------------------------------------------- Professional Personnel Hours Amount CONST SERV TECH 34 . 5 Total Labor 1,906. 13 Subtotal $ 1, 906. 13 Billing Summary Current Prior Pds To-date Total Billings 1, 906. 13 51,892 .92 53 ,799 .05 Limit 59, 000.00 TOTAL NOW DUE & PAYABLE. . . . . $ 1,906. 13 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. - 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343-9100 612.912.2600 612.912.2601 FAX s architecture engineering environmental transportation May 10., 1999 Invoice No. 53593 Project No. A000010428. 01 CITY OF ST: ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN. 55418 ATTN: ROGER LARSON For: SILVER LAKE ROAD WATERMAIN Professional Services for the period ending March 31, 1999 ---------------------------------------------------------- Professional Personnel Hours Amount CIVIL ENGR 15. 0 ENGR TECH/DESIGN 13 .5 CONST SERV TECH 27 . 0 SECRETARY 2. 0 Totals 57 . 5 3,981.03 Total Labor 3, 981.03 Subtotal $ 3 ,981.03 Billing Summary Current Prior Pds To-date Total Billings 3 ,981.03 22, 557.9.6 26, 538.99 Limit 30, 000.00 TOTAL NOW DUE & PAYABLE. . . . . $ 3,981. 03 Short Elliott Hendrickson Inc. Offices located throughout the Upper Midwest Equal Opportunity Employer We help you plan,design,and achieve. MAY-19-1999 07 27 WSB & ASSOCIATES INC. 6125411700 P.03i17 MMM Voucher No. 1 Date: May 12,1999 .mWSB Project No: 1065.22 Period Ending: April 30,1999 roJect: 1999 Street and Watermain improvements Project Location: St.Anthony,MN Contractor: Northdale Construction Co. 14450 Northdale Boulevard Rogers MN 55374 Contract Date: February 1, 1999 Work Started: Completion Date: Work Completed: Original Contract Amount $886,231.71 Total Additions Total Deductions Total Funds Encumbered $888,231.71 Total Work Certified to Date $58,058.60 Less Retained Percentage 5.00% $2,902.83 Less Previous Payments Total Payments Incl. This Voucher $55,153.77 Balance Carried Forward $831,077.94 Approved for Payment This Voucher 555 •153.77 Annrovals OVSB&Associates,Inc. In accordance with field observation,as performed in accordance with Industry standards, and based on our professional opinion,the materials installed are satisfactory and the work property performed in accordance with the plans and specifications. The total work estimated to be completed as of May 15, 199, is as Indicated herein and we hereby recommend payment of this voucher. Signed: Signed: Construction Observer Project Manager/Engineer Northdale Construction Co. This is to certify that to the best of my knowledge, Information,and belief,the quantities and values of work certified herein Is a fair approximate estimate for the period covered by this voucher. Contractor. Signed: Date: Title: City of St.Anthony OF hecked by: Approved for Payment: Authorized Representative Date: Date: 0..4.t orf VouchlPbetail List 3) ww Nvftx 1994 Stnxl a4d Wammmin Imp ourneau By. N Marshall . _ { Profecl Lowdoi: SL Anthony.MN Dare: 45/12199 _ WSB P,46cl No: 1065.22 Yorrcher No. I Surface Iin rovements-Base Bid ko Contraet C4latraet Com )e14 d This Mealb Total To Date tim Ism Unit Unit Price Qaandiy Total S QOantity To]a1S Offallty Total S m Nd Nimba Delawm 1 2021301 MO9MVATMW(Z%kL ) WMP SUM $17,000. L00 St5,00a 1.00 SIS, 1.00 $15,000.00 R.) 2 2101-M CLEARING TREE 5200.00 4.00 5800.00 OAO OAO $moo 3 2101307 GRUBBINO TREE $123.04 4.0D 5500. 0A0 -SO. 000 S4o0 4 2104301 BPMOWSEWER Pro MoRM}(Ir-ri) UN FT $5.54 970.00 S4,765.00 000 SO 0.001 AM S 2104301 RPM0VESffMP18®MORM)(367 LINFT S031 1312.00 SPASCO0 000 $0. CAD SOAO 6 2104301 RED40VECURD ANDOUTM 13N FT $1.30 4000.00 56.000A0 2,952 U.42&00 2.932.0D 54428.00 7 2104.S0t RFMOVESEWERPPE(SAIHTARV) t.INFr MM 112a0D SZ.foa00 O.OD =13 O.OD 50.00 W B 2I01.501 REINOVE5EWE1LPIP6(SAWARY)(t9) ISYFT 1340.00 3AA71a 415.W 52,697. 415.OD $2.697.50 pv 9 2104MI RnWVSWATERMAlt4(AI1.SZ=) IMFT S4 60 .00 52,700. O.W $0. O.QO $mmo N IO 2104300 REMOVE COQiCKEIB WALK SQ Fr SOM 170000 393 0.00 S0. O.OD 50.00 co 11 ZIOLM REMOVE CIATE VALVE AND BOX(AIL SUM) EACH $I00 4.00 3400. 0.00 9D O.OD fQ00 f') 12 21OLSO RPMOW MANHOIS OACB EACH $475 37.130 $17.S7 2.00 $00. 2.00 $730.90 D 13 2104311 SAWMCONCRE1EPAVZMENTffMLDEPIH) IINFr 6110.00 53,430. 0.00 $O 0.00 SOHO rn 14 2104.51] SAWING BIT PAVEOMrQXRLDEP'DQ LINFT ! 110000 54,12! 0.00 50. 0.00 $0.00 IS 2104.713 SALVAGE HYDRANT EACH 3AD S7SO 400 SO 0.00 $0.00 Z 16 0204.606 ABAND034 WATER MILIItMMWnK$AND) LINFT S 127000 $1.841 0.00 50. 0901, $0.00 � 17 2105501 CO]►Dti40NEKGVAIIOIT(P) Cu YD 5 6700.00 $36915. 0.00 $0. QAD SQ If 0105601 SP7SCrIBANUURBORILO9Y TON 3 6000..00 SAl,SBD 4130 S0. 0.00 110. 19 ot05.609 GOETF7C=FABIIICCFMV) SQ VD, 83OMW 59.545. QUO $a GOD $0.00 L2O 2211301 AGGREGATEBASECLAS45(100KCRUSHEDROCK) TON 1 3900.00 542.934. 400 30. QOD 54 2732301 114IJ.BTIUIdDIOIISPAVP2ffi�il{Z=57 SQ VD 9400.00 513,066. 6,423.130 58,42797 6.423130 SBr927.2340.%09 E41 WEAR84GCOURSEMIXTURE TON 1120.00 516276. 0.00 S0 0.00 W 2740314 TYPE9I WPARmoCOURSBmoff RE TON 95D" 5�3.5N.00 CLOD S0. DOD $D 2357.502 DITUMD.VW MATERIAL FORTACKCOAT GAL 430.00 5567.00 0.40 $0.00 Q0D S0 25 2411.603 MODULAR WJ)CK RErATN040 WALL SQ Fr 450.00 57.420.50 am $0.00 0.00 S. 26 2306.522 ADIUST FRAMES.RING CA51rWO EACH S133.00 15.00 W2S.00 0.00 $0.00 0.00 SO. 27 2321301 4'CONCR6TE SIDEwAUC SQ FT 53.12 170000 55,1"A DAD! 50.00 0.00 $0.00 Q1 28 2531.301 CONCRETE CURB AND GDTIER DESIGN Bd0 UN FT 57.07 4025.00 52!,53725 000 SOHO O.0D $O ru 29 Z33L6= OONCRUM PEDESTRIAN RAMP EACH $167.50 4.00 $1,470.00 0.00! 30A0 0.00 So. N A 30 0163.601 TRAFFICC<JNIRDL I WMP Sum S12.500.001 1.00 S12.5KOD DSO S4 0.00 030 36.2mou � 31 2375.505 SODDING(MCLUMO TOPSOIL A FE3tTR=R) SQ YD 0-32 7000.00 S 18,060.00 0.00 50.00 0.00 Sa ,3 m 32 2575.323 WOOD FIBER SLANKET(CATEGORY n) SQ YD S1.52 160.00 13.01 Sb oc 0.00 50 m 33 DIV2 SALVAGE&RFReTATLSPRRWJMtSYSTEM UN Fr $125 300.00 0.00 $Q 000 $0.00 34 DIV 2 8"IRAI NOW DRIVEWAY PAVEMEW SQ YD 516 9woO 0.00 $0. 0.00: 50.00 � 35 DIV 2 .POND EXCAVATION Cu YD SS-75 55M.00 0.00 $0.00 400 $0.00 m _ A 36 DIV 2 SEEDDdG(WCLIIDAIG 70MR,MULCH&FERTW7ER) ACRE SZ.840 120 0.00 50.00 0.00 3000 1\37 DIV 2 6'CONCB LlE DRIVEWAY PAVEMP24T SQ YD (38.64 950:00 0.00 Sa00 0.00 $0.00 13 Total Sarface Im rovements-Base Hid S3R2s3.47 538.2$3.07 vao.2 Cif a • 3 . D I . lD I lD lD lD Voucher Detail List _ N HSBProJe 1999 stmt and Wateromin Imp manem By: N Marshall m YrojmLowsow: SL Anlhary,MN _ __ Date: _ 05t12t99 - -- NoProJeotNto.• 1065n2 JiVomchff Na Sa1ai sewer Im movements-Base Bid Contract Contrast Comp ktedThis Montt Total To Date £ L m item Unit Unit Price Quantity TOWS Quantity Totals Quantity Totals N m No Amh DcmWon Oo 3E 15231307 ORAMUlR BEDDMMATEll1ALCLV) CU YD 50.01 120000 $12. OAD 96 400 90 39 2503311 VPVCPWSSEWERSDR26 13NFT $102 270.00 52,734 SAO $31. 300 $51 (D 40 2SM31 10*11YURESEWERSDIt" LINFT 517 309.00 55,333.82 OOD 90. 000 Ul O 41 2303311 12'PVCPlPESEWMW133 Lum 139 2SAO SSKQS OOD 90. 400 f 1 42 2303311 12'PYCPWESBWERCa900 LINPT $27.71 77300 870,0.3433 O.CO 90. 0.00 90 D 43 WMADI 0OMMUCT a'DWE DROP SECTION Me SUM SS72. LOO 33725 OAD 50 0.00 ((n 44 03M601 SIIt=rOUISMBDROPSECTION UWSUM $8?4 1.00 SM ON 10 0.00 90 45 0603,60! 10 w PYC WY$ EACH Sal COO $314.7 *OD SO. QOD >10. n 46 0303,602 ODNNELTTOE�MMOSAM3ARYSMNER EACH $400 13.00 0.00 S0. 0.00 L0. 47 OULS02 BEOONNEMOMaSTIMSAWTAIMSEWP1tSERVICB BACH 21.00 SIAX3 LOD 530. 3.00 STQ 49 GSWAM ITIYUCTUXWDNPJPESMMCLASS32 LINFT 527 VIM $4,7173 0.00 S0. 0.00 9R 49 0M3AM 4'DISUUITION SQ YD $17.54 24.00 $491.1 0.00 $0. am 510. 30 0504.602 127I6'DIPTEB EACH 5781.20 19.00 5 2.8 0.00 $0. OAD 90 31 MUM IO'DUC7IIE]RONPIPESEWERClASS30 UN FT $7078 30.00 5XIM 0.00 $0. 000 32 Osadma DUC711E IRON nmNaS POUND S2.fl9 1100.00 33,379 0.00 $0. 400 53 2506.301 00521ST SAN SEWPR MH,48'DLL DES 4007 .. LIN FT 513430 14x.70 52'0.000.13 16.61 52,234.03 36.61 52,734523 $4 2$06.301 CONSI SAN SEWER UK 72'DUL DES 4007 LM FT 325700 10.00 52,370 0.00 50.00 0.00 S3 2306516 CAS7INOASSEF4BLY EACH Sm33 16.00 $3,233.? 0.00 $0.00 000 36 DN 2 QRANUTAR FOUNDATION MATOUAL(LV) CU YD $0.01 700.00 57. 0.00 50.00 0.00 Mod 37 DN2 SAI4ITABYWRASSPUMPWO WMPSUM 55700 LOO $3,70000 0.50 52,830.00 030 S2, so DN2 TEEYLSMOSANVARYSEWER LNFT 510.4 2316.00 $1.18237 0.00 $0.00 0.00 90.00 N N 59 DN2 MANHOLECOMNEYSEAI9 EACH $194.75 36AD 53,126.00 OAO $000 0.00 A Total Sanitsey Saver-Base Bid $890730 SS,18s06 m CD m MAY-19-1999 07 28 WSB &. ASSOCIATES INC. 6125411700 P.06i17 QN F A 88 $ 8888 � � 8a888 F � d d o 0 0, o d o 0 0 o e d a a ss $. � 99. 9R99 k H O 2 p 8. 8ddo � o8dde eQ uo a •� M 9 9 zil M a o Q W d V V > . S F a O ! 3 D I r lD I Voucher Detail List WS8 Project: 1999 Strut end Watenown Improvements BY N mWshsll __ m fled IM MOR: St.Anthony.MN DiDle: ON12J99 ---_ Rj WSH fted No.- 106512 YoucherNo. 1 m Storm Sewer Im mvements-Base Bid Controet Contract Com leted This Montt Tot!To Date Lim 7tm Unit UnitPrice Quantity TetelS Qaantlty TOWS Quantity Total Na Nkmaw 74 DIY2 ORANUTARBEDDINGMA7ERiAL(LV) CU YD $7.7 1000.00 $7,730. 0.00 50 OAD 5000 W 73 2502.541 6-PERFORA7FDPEPIPEDRAB4 LIN FT S73 3400.00 525,500. 0.00 S0. 0.00 Sm 76 2SM19 F&IWFIAPGATE(MM 96FIS) EACH Ss L00 333 0.OD em 10.00 00 77 2SD3319 FAIU-F APGATE(R-WNSFIS) EACH 5373 LOO COD OAO �% U) 7a 2503.319 Fat121-FLAPGATE(R-SOANMI) EACH 1623. 1.00 SKS? OW on 50.00 p 79 2500321 1-3PANRCPIPE4LR HSXWERQ.1tA LIN Fr $97. 594M 551.14" COD 0.00 10.00 SO 2500.541 12'RC PIPE DESIGN 5006 CEASS V LIN FT 520.73 21700 $3.91931 0.00 i0. 000 10 00 m 51 2503341 IrRCPIPEDFSIGN3006t.LASSV LIN Fr sa91 45COO SIQ40L1 0.00 OAO 30-00 U] 82 2503341 IrRCPIPE DESIGN 3006CIASSM LINIFT 524.44 250.00 $4,11 0.00 $0_ 000 SOAO 83 25"1 33'RCPOPEDESIGN 3006CIASSM LIN FT $42.26 179AD 57,764 COD sm 0.00 50.00 (Z-1 94 2503341 3d-RC ME DESIGN 3006CLASS 111 LIN FT $49.57 , 54SAD 127.164] 0.00 $0.00 0.00 50.00 3S 0009.603 16'PVC PIPE SEWEILC403 LIN FI' S202 2W"A0 Sf.410. 0.00 SO.00 0.% S0. S6 2504MI CONST73RAINAGESIX 3VTERSW-MANHOLE LIN Fr S153 11.30 $1,7394 GAD som 0.00 S0. a7 29001 CONSLDRAINAGESTR.DES.4E-CM Lim FT 5273.45 16.90 SZ 96111 0.00 50.00 &W SU SS 2SM301 CONSTDItAINAGESTL DES344MO UNfT $728 330 $1,210.40 0.00 so 6c 0.00 $D O0 59 2306.501 CQ'NSTDRAINAGRSTR.D mm4m1D UNFT 1L30 OAD $0.00 0.00 50.00 90 2506.501 coNST.DRAnoms R.DES.72�4mo LIN FT 5268.53 25-I0 EM740.61 OAO 50.00 0.00 50.00 91 23D6301 0MW-DRAINAOESTR.DES.904M LINFT 5455. 14.90 $E4786L 0:00 50.00 0.00 50.00 42 MUM OUNST.DRAINAGE ST1t.51-SPAN ARCH TEE SW.MANHOLE LIN YT 571). 9.90 $7,24L OAD 50.00 006 50.00 93 2306.502 COMST.DRAINAGE STR.DES.SPECIAL(W) EACH $173.00 2L00 t9,250.00 0.00 $0.00 401 $0.00 94 2506.516 CASTING ASSEMBLY EACH 5310.91 15-00 54,663- O.OD $0. 0.00 50.00 9S 2506= PIPE DRAIN CONNECTION TO DRAINAGE STRUCTURE EACH $75.00 31-00 sixM001 0.001 $0.00 O.Cal $0.00 11 % OSO&M CONNE(TTOF.)OST24 STORM SEW17t EACH 5350.00 14.00 51,900.00 OAOj OD.00 0.001 S0.00 A 97 0506AM 15'RCP APRON WJTRASHGUARD EACH $632.00 3.00 $2.914A0 0.00& smou 0.00~ $0.00 �. 98 2577301 BALS CHECK EACH 53.50 220.00 $1,570. 0.00: $0. 0:00: 50. 99 2431.307 JGRANULAR FOUNDATM MATERIAL OM CU YD 50.01 600-00 StL00 O:oOi so. D09 m otdStorm Sewer Im mement-Base Bid u12,s9 $0.00 50 m r 4bPop eore 3 D { r lD Voucher Detail List wa ftwea 1999 st and and wa$em "Implove11Ie111a BY H Marimil 0 Protect Lowdow SL Aathaay.MN Date: 05117!99 N WS3ProjectA%: 1065.22 YoucherNa 1 Landsca in -Base Bid Contract Contract complewmMantit Tabd To Date Iine Dim Unit Unit Price Qnsa ty Tatal S Qaaatity Total S Qaaatlly Total S ££ Na Numbn N 100 257130I INIIITBPmelff B REE 53043 X00 59133 0.00 S0. 090 50.00 W 101 7371.501 AUSn m FM 6HT mm TREE 3304 3.00 59113 0.00 SO 0.00 SOLO Po 102 7571.701 BLACK HILLS SPRUCE C HT B&B 1T1EE 5252 X00 5756 0.00 S0. 000 $090 N 103 2571.502 QUAKDNGASPENLS-CALB&D TREE 5210 3.00 5630 O.W 90 0.00 $090 0 En O 104 2371302 PRAIRIEFIRECRABAPPIEI.S'CALBBH TREE 5210 3.00 SMOO MOO $0. am 103 2371302 HACKBERRY23'CALBAB TREE 9286.73 3.00 S86G25 OAD $0. 0.00 50.00 -4 106 2571302 PAILGOLDASH23'CALBB.S TREE $262. 3.00 $797.50 MOD 90.00 0.00 30.00 rn U] 107 2571301 9UGAR-MAII:STY MARE25"ChLBAB TRES 3W.73 3.00 586625 MOD SM aa0 30.00 108 2s7t.507 AVrU[MNBLA2EMAPLE23'CALB8IB TREE $315,00 XOD $945. MOD QOD 3090 Z n 109 257LSM BUAOAX23-CALS" TREE S31S.00 3.00 5945. MOD SO. 0.00 $000 ' 110 2571.502 WII AOW 25-CAL B&B TREE $286.75 3.00 $866.25 0.00 Sam 090 3090 111 2371.502 SPARKLERCRA13rCALBBB 7REE 32362s 3.00 $706.75 0.001 SOHO 6.00 $0.00 112 2571300 MONWOODNIOCONT. TREE 5210.00 SAD $630.00 MOD1 50.00 0.00 90.00 113 2571302 AUTUMNBRa mcE-SERVOMMY6'HTBBB TREE SI5730 320 S47A.50 0.00 $0.00 0.00 $0:00 I14 2571-M AMENCARELDER02CONr. SHRUB swol 3.D0 $17730 0.00 $0.00 AW SDOO Its 2571305 HENRY XELSBY SHRUB RW,N2 COW SHRUB 5523 3AO 315730 0.00 $0. 0"1 90.00 116 2571105 UACKCHOKESERRY O C3SMT. SHRUB 9523 390 3157.50 0.00 Sago MOO $0.00 117 257I.505 CARDINALDOOWOOD#5CONT. SHRUB 3.00 3137.70 0.00 30.00 0.00 $0.00 116 2571.50$ G1tAYDOOV/WD95{,'ONt: SHRUB S32. 3.00 $13730 0.00 SO.00 0.00 50.00 119 2371.505 L%OM DOGWOOD AS COKE SHRUB 352. 3.00 $13730 0.00 $0.00 0.00 120 2371.504 A(MRIN SUMAC 55 CONE . SHRUB SY2.50 3A0 $15730 090 T SO= 0.00 $0 01 N 121 2571307 ARRDWWOOD VIBURNUM#3CONL SHRUB S52 3AO $1573 0.00 3090 0.00 $0:00 R.1 Lq Total Sliver Pebt Park Comtractioa-BalDDid $17.1903 50.00 $000 A Total Base Bid $830,914.31 $43,438.52. $43,438.52 m -o m OD 3 D r t0 N tD W tD m ro Voucher Detail List IIRPUaject: IMSdoetandwalnmainlmplomaneft By: NmRr5lwI Project Loeadlna: St.Anthony.MN Date: 05112!99 lYSB Pmfeet No. 1065.22 voucher Na 1 to m Alternate No. 1 -S*tag Sewer RC Pie 717. 00 Contract Contract Com tetedT6ls Moots Total To Date D N Lime lam Veit Unit Price Quantity TOWS Quantity TOWS Qaaett Total$ U) NIL N.— 172 2500.541 74-RCPIPESEWFRCL&MMQI111MMMODAMM) UN Fr 362.00 $24.767.34 O.W 9Q 0.00 m.00 D 123 2300.511 24-RCPZPESEWERCLASSIVpnUMRWUSCOMM L44FT 747" 334,79526 OAD SQ Q00 fDAO m m 124 od00.602 7A�i1D-REDUCER(4)OUTIMt NOM COATED) EAM 1-00 9655 Q00 9R 0" (000 N otal Alternate No6 1 560211U7 9R 90.00 Z n Alternate No.2 -Sanitary Sewer-Closed Profile PVC Coatnet Contract Corn leted This Moatb Total To Date Lim hem Unit UattPrite Quaati Total$ Qmntfty TotalS QoanHty Total Na N�bv MOW 6- W 2503311 24-CLOSED PROFEE PVC PB'ESEWER L1NFr 533.78 130900 544,218 413.00 S14,01L70 41100 514.019.7 126 2300.602 124.1Ua-CLOSWPROFKEPVCRmUQ3t EACH 5599.38 LOD SS993 1.00 (39939 L00 559939 127 - DlV2 ADI)MONALG[IANtILARBEODWONA7FRIAL(LV) CUYD 27 1400.00 (11%. 0.00 M00 Q00 SOAD Total Alternate No,2 (33,3174 f14{i 1809 f14�61 Grand Total Base Bid+Alternate 2 $886,231.71 $58,056.60 $58,056.60 R1 A F+ m m m lD f+ MAY-19-1999 07 30 WSB 8 ASSOCIATES INC. 6125411700 P.11i17 NOW Voucher No. 6 Date: May 12, 1999 A=LWSB Project No: 1065.30 Period Ending: April 30, 1999 YV .� Project: Silver Point Park&Central Park Stormwater Improvement Project Project Location: City of St.Anthony Contractor: Richard Knutson,[no, 12585 Rhode Island Avenue South Savage MN 55378 Contract Date: October 28, 1998 Work Started: - Completion Date: Work Completed: Original Contract Amount $1,231,266.95 Total Additions $708,128.17 Total Deductions ($528,128.75) Total Funds Encumbered $1,411,266.37 Total Work Certified to Date $1,190,473.50 Less Retained Percentage 5.00% $59,523.68 Less Previous Payments $1,074,462.95 Total Payments Incl.This Voucher $1,130,949.83 Balance Carried Forward $280,316.54 Approved for Payment This Voucher 56 86.88 Aonrovals WSS&Associates, Inc. n accordance with field observation, as performed in accordance with industry standards,and based on our professional opinion, the materials Installed are satisfactory and the work properly performed in accordance with the plans and specifications. The total work estimated to be completed as of May 15, 1999 is as indicated herein and we hereby recommend , payment of this voucher. Signed: Signed: 4N 1/ Construction Observer Project Manager/Engineer Richard Knutson,Inc. This is to certify that to the best of my knowledge, Information, and belief,the quantities and values of work certified herein is a fair approximate estimate for the period covered by this voucher. Contractor. Signed: Date: Tide: City of St.Anthony #Date: Date.Checked by: Approved for Payment: Authorized Representative Vouch tail List =B Protect Sliver Point Park&Ceuftl Park Stannwatsr Improvement Project Dr. N Marshall Project Locafiba• City of SL Anthony aww 05112189 33) MW Project No: 10BL30 VOudw No. 6 SURFACE IMPROVEMENTS-BASE BID � I f+ Contreci Contract Cam !sled This Month TOW To Data kQ Line Item Unit Unit PAae Quan ty Total$ QirantltY Total S Qaannty Total S NO► Nwnber Deactilon 1 2021.501 MOBILIZA71ON LS $35,300 1.00 $35,300. 0.00 $0.00 1.00 535,300.00 m 2 2104.501 REMOVE CURB 8 GUTTER LF 56. 900.00 $1.600. 0.00 $0.00 297.00 51.465.00 m 3 2104.505 REMOVE BITUMINOUS PAVEMENT SY $2.00 470.00 5940.00 ODD $0.00 200.00 $400.00 4 210CWR REMOVE MANHOLE OR CATCH BASIN EA $250.00 3.00 S750.00 0.00 $0.00 0.00 $0.00 5 2104.613 SAWING BIT.PAVEMENT(FULL OEPIH) LF $10.20 60.00 $371.20 0.00 30.00 0.00 $0.00 8 2106 501 COMMON EXCAVATION CY 53.00 73000.00 $423,400.00 0.00 $0.00 0.00 5000 7 2106Q501 SPECIAL EXCAVATION CY $7.00 7000.00 $49,000.00 00.00 $000 000 $0.00 N 8 2106507 SUBGRADEEX AVATION CY $5.60 17800 $938.00 0.00 $000 170!00 $935.00 tD 9 2105.521 GRANULAR BORROW(LV) TON $12.00 10000 $1.200.00 0.00 $0.00 240.00 52.880.00 Q° 10 21056801 DEWATERING IS 55,100.00 1.00 556100.00 0.00 $000 1.00 35,100.00 3) 11 2200.501 AGGREGATE BASE CLASS 3 TON $109 770.00 $8.448.80 0.00 5000 283.00 $2,883.11 p 12 2340.508 TYPE 41 WEARING COURSE MIXTURE TON SUM 210.00 $7.81&34 0.00 SOLOO MOD $0.00 n D 13 2340.608 TYPE 31 BASE COURSE MIXTURE TON $34.17 210.00 $7.175.710 0.00 $0.00 0.00 50.00 m 14 2357.602 BITUMINOUS M4TERIAL FOR TACKCOAT GAL $2.04 100.00 SM.00 0.00 $000 000 SO.00 Ul Is 2535.501 BITUMINOUS OURS LF $12.24 80.00 $970.20 0.00 $000 0.00 S0.00 Z 18 2521.501 4'CONCRETEWALK SF $4.93 700.00 $3,03100 0.00 $0.00 000 $0.00 f7 17 2531.301 CONCRETECURB 8 GUTTER DE&8818 LF $13.77 300.00 $4,131.00 0.00 $0.00 0.00 $0.00 18 2531.501 CONCRETE CURB 8 GUTTER DE&Be12 LF S11.73 511000 $0,688.80 0.00 0000 000 $4:00 19 2531.607 e"CONCRETE DRIVEWAY PAVEMENT SY 532.04 37000 312,076.80 0.00 $000 000 90.00 20 0657.603 F814 HIGH CHAIN LINK FENCE LF $13.67 135.00 51.045.45 0.00 $04 000 $0.00 21 2573.501 BALECHECK EACH $8.18 70.00 $571.24 0.00 $48.98 8.00 $45.96 22 2575.501 SEEDING(INCL FERTILIZER,MULCH 8 SEEDMIX20A) AC $877.20 2.00, $1.754.40 0.00 $000 000 5000 23 SP PROV SILVER POINTPARKREMOVE 8 DEMOLITION LS 5184100.00 1.00 318,000.00 0DO -$000 1.00 516.00000 24 2575.508 SOD TYPE LAWN SY S2.04 4000.00 08.180.00 0.00 $040 .000 $000 25 2575.305 SOD 8 STAPLE(EROSION CONTROL) SY 5245 1010000 $24.745.00 0.00 $0.00 0.00 $0.00 2S 0411.603 MODULAR BLOCK RETAWING WALL(2-C HEIGHT) SF $1&301 530.00 $8.109.00 257.00 $3.93210 257.00 53.932.10 Ol 27 0564.803 V SOLID LINE WHITE(PAINT) TNT} LF 55.10 225.00 51.147.50 000 50.40 0 00 50.00 N 2a 0584.602 PAVEMENT MESSAGE(HANDICAP SYMBOL)POLY PREFORM EACH $765.00 1.00 570&DO 000 $0.00 0.00 $0.00 Ul A 29 4563.801 TRAFFIC CONTROL LS: S10,20a 1.00 $10,20000 0.00 50.00 0.75 $7.850.0 �~+ TOTAL SURFACE IMPROVEMENTS-BASE 810 $844.42646 ,9e1.06 $78 916.17 m m N r Page 1 at 6 Vouchs Y *il List MB ProJact S9w Point Park&Central Park Stommater Impmverllent Project sy: N Marshall P1mjed Loca6lon: City of St Anffiorly Dare. .; 3) =Project No: 108&.30 Vouche No, 6 { t SANITARY SEINER IMPROVEMENTS-BASE BID LO Contract Contract Com arced This Month Total To Date Ll,e hun Unit Un1t Price Quandly Total S Quandly Total S Quantity Total S. ND. NU ber 30 2500.611 V PVC PIPE SEWER SOR 35 LF $23.79 100.00 $2,378:00 0.00 $0.00 62AO $1,474 98 W 31 2506602 CONSTRUCTSANITARY MANHOLE 48'01AL LF $210.00 3.00 $1.050.00 0.00 $0.00 SAO $1,0500 32 2508.802 CONSTRUCT SANITARY MANHOLE 8V IXA. LF $258.45 14.60 $3,747.63 0.00 $0.00 14.60 $3,747.53 33 2308.816 CASMOASSEMOLY EACH $412.00 2.00 $924.00 200 $824.00 2.00 $324.00 34 2503.541 2-HOPEFORCEMAIN LF $14.00 295.00 $4.13000 0.00 $Mob 358.00 SS01200 TOTAL SANITARY SEWER IMPROVEIMENTS,-BASE 80 $12.18063 $824.00 $12.10161 E: U) m WATEFOMM IMPROVEMENTS-SMEBW Q° D Contract Contract Completed This Month Total To Data N Llae Kam Unit UnKPdce Total$ Qua Total S Quo Toll$ Ln N0. Nvnber De=d 2 35 05MAM Ir'xWVVETTAPVNTHVALVE EACH $1970.80 1.00 $1979.80 0.00 $0.00 1.00 $1.970.8 38 0504.602 HYDRANT EACH $1.450. 1.00 $1.450.00 0.00 $0.00 1.00 S1,450.00 M U] 37 0544.002 9-GATEVALVENi90X EACH $450.00 1.00 $450.00 am 50.0 1011 546000 38 0504.808 DUCTILE IRON FRTTNGS LB 1,2 25OA0 $500.00 0.011 $ 160!00 X120.00 Z n 39 2811.8W3 1frWATERMAIN-DUCTILE IRON CL 62 LF $ 570.00 .$7 800.60 400 SMOOJ 424AS $8.72245 TOTAL WATERI M IMPROVEMENTS-BASE BID 511980.90 50.081 $12.92225 STORM SEINER IMPROVEMENTS-SASE SID Contract ComiAded This Month Total To Dste Urn Item UnK Un[tPdco Quantity Tote Quantity Total Quantity Total Na Number DescripSon 40 0451602 GRANULAR FOUNDATION CY S6 400.00 $2.600.00 0.00 $0.00 400.00 52.800.00 41 2503.541 12-RC PIPE DESIGN 3008 CL V LF $43A 27.00 $1.173.09 85.00 $3.894.95 90.00 $4.303.53 42 2303.541 16-RC PIPE DESIGN 30011 CL V IF $33A 38.00 $1.204.69 0.00 $0.00 89.65 $2.999.69 43 2503.341 t 8-RC PIPE DESIGN 3008 CL 01 LF $35.11 70.00 52.467.70 0.00 $0.00 49.90 $1.685.28 � 44 2501541 2T RC PIPE DESIGN 3008 CL V IF $89 748.00 $67.035.98 0.00 $0.00 789.00 $89.10234 N N 45 2503.541 35 RC PIPE DESIGN 30DO CL 11 LF $88.1 14.00 $953.40 0.00 $11O0 14.00 $953.40 A r 48 2300.541 38'RC PIPE DESIGN 3008 CLASS V(dACIOED). LF $439.6 350.00 $153.877.30 OAO 50.00 310.00 $139.29140 47 2500541 42"RC PIPE DESIGN 3008CLA8S U LF $81A4 20.00 $1828.60 0.00 $1100 17.00 $1.384.48 m 40 2503.541 54-RC PIPE DESIGN 3008 CLASS 11 LF 11,110.19 137.00 $1509603 0.00 $0.00 172.00' 518.95288 49 2503.541 88-RC PIPE DESIGN 3008 CLASS 0 tF $143.41 15200 321.798.32 0.00 50.00 153.00 521.941.73 W r .. �ote • Vou tail Lista wsB Project: Silver Point Park a Central Park Stormwater Improvement Project W. N mushal) Project Locaalan: City of St.Anthony Dale: 0511a19sf s D TNS9plrojectMe: 1065.30 _ -_ voucherxa a _ j 50 2503.541 72'RC PIPE DESIGN 3008 CLASS Il LF $17883 338.00 $59,414.88 0.00 $0.00 328.00. $58 00024 r _ t0 51 2501.515 15'CONCRETE APRON WRH TRASH GUARD EACH $477.12 1.00 $477.12 0.00 i $0.00 1.00 - $477.12 1 52 2501,515 1S"CONCRETE APRON WRHTRASH GUARD&SHEET PILING EACH SZ5034S 1.00 82.693.48 0.00 $0.00 1.00 $2,503.48 Q 53 2501.515 38'CONCRETE APRON WOHTRASH GUARD S SHEET PILING EACH 84.168.14 1.00 84,158.14 0.00 $0.00 1.00 $4,158.14 54 2501.515 42CONCREMAPRON WITH TRASH GUARD&SHEET PILING EACH $4,597.66 1.00 $4,597.65 0.01) $0.00 1.00 $4,697.85 m 65 2501.619 FLAP GATE FOR 18'RC PIPE EACH 84.000.00 1.00 $4,000JDO 0.00 $0:00 0.00 $0.00 W 56 2502641 Ir DRAIN TILE WITH FILTER FABRIC&AGGREGATE LF $16.00 1210.00 $18,150.00 270.00 $4,050:90 1.370.00 $21),580.0 r 57 2508.501 CONSTRUCT DRAINAGE STRUCTURE DES.40402D LF $102-92 25.10 $2,68328 0.01) $QOO 19.30 $1.98888 58 2508,601 CONSTRUCT DRAINAGE STRUCTURE DES,804020 LF $14529 22.00 $3,198.38 0.00 $000 7.30 $1,06D02 59 2308601 CONSTRUCT DRAINAGE STRUCTURE DES.72.4020 LF $187.28 20.50 34,043.83 0.01) 80 O 19.80 $3.905675 80 2505.501 CONSTRUCT DRAINAGE STRUCTURE DES.904020 IF $347.38 16.70 $5,800.91 0.00 8800 16.40 65,896.70 81 2508501 CONSTRUCTDRAINA GE STRUCTURE DES.W4020 LF $423.00 1280 $5,329.80 0.00 SR00 0.00 $0,00 In m 82 2508.501 CONSTRUCT DRAINAGE STRUCTURE DES.1024020 LF 3635. 11.60 $7,377.69 0.00 80.00 15.73 $10,00,4.28 00 63 2508.601 CONSTRUCTDRAINAGE STRUCTURE DES.=4020 LF $888.3 13.60 $12,081.63 0.00 30 00 38.50 032425.61 ID 64 2,508.502 CONSTRUCT DRAINAGE STRUCTURE DES.SPECIAL((X 39 Wi�CASTING EACH $885.24 1.00 569524 1.00 $89924 1.00 $89524 6i 45 2308.602 CONSTRUCT DRAINAGE STRUCTURE DES.SPECIAL(2'X 31 EACH $54524 1.00 $545,24 0.00 80.00 0.00 $0.00 0 46 2508802 INSTALL SALVAGED CASTING(C.B.) EACH $204. 1.00 $204.00 0.00 80.00 0.90 $0. A 67 25MAD2 CONNECT TO OUSTING SGTORMSEWER EACH $642.5 700 84;497,50 0.00 $0.00 7.00 $4,497.50 N as 2508.615 CASTINOASSEMBLY EACH $385.1 9!00 35,460.59 9.00 $3486.63 000 $3,488.53 49 2511.602 RANDOM RIP RAP CL IV CY $37.6 26.00 :97540 MOO $973.00 2900 $97500 (2--I 70 2571.641 TRANSPLANT TREES(,2•-47 TREE $155. 400 881200 000 80.01) 4.00 161200 71 2573.91)2 SILT FENCE.TYPE HEAVY DUTY LF 42 200.00 340800 0.00 $0.00 0.00 $0.00 72 0573,605 GEOTE)MLE FABRIC TYPE N SY $310 52.00 $181.20 52-OD $161.20 52.00 $161.20 73 0503.602 18`RC 400 SEND(41 EACH $40800 too $408. 0.00 $0.00 2.00 $81200 74 OSMA02 38'X 30'REDUCER EACH $614.58 1.00 8674 000 $0.00 1.00 $614.$0 75 0504602 30'X 2T REDUCER EACH $442-22 1.00 $44 0.00 $0.00 100 344222 70 , 2104.521. SALVAGE CHAIN LINK FENCE LF 45.10 .-..161),00 $745 000 $0.00 ._ 150,01) 3785.00 77 0597.403. REINSTALL CHAIN LINK FENCE LF 37.65 160.00 $1.147. 0.00 $0.00 000 MOO TOTAL STORM SEWER IMPROVEMENTS-BASE 810 $41688011 $13,242.9 $418,&21.72 f.. ftl N A r m m "0 �i r Pgp3Me VouchE tall List 19,MINOR NP. ON WSB pwject SRwr Point Parts&Central Park Stctmwater Improvement Protect BY. N Marshes PrgredLoeaScn: City of St.Anthony Date: 05HT199 WSB Omjsctno: 10BL30 vouchermo. s I 31LVER POINT PARK COHSTRucno t1-BASE BID r Contract Contract comp hrCedThlsMordh Total To Date LO uns Rem UnR Unit Prks Queutlty Total t QuantIty Told$ Quanthy Total 4 �p No. Number DWW 79 1 1W THICK MNMOTTYPE41 BITUMINOUS WEAR COURSE(BASKETBALLCOUR SF $1.52 2150.00 $3,288.00 0.00 50.00 0.00 $0.00 m 79 rTH1CK MNIDOTTYPE 31 BITUMINOUS BASE COURSE(BASKKI TBALL COURT) SF $1.19 2150.00 32,429.5 100 $0.00 0.00 30.00 W SD rTHICKMNMOTTYPE41BRUMINDUSWEAR COURSE-FULL DEPTH(TRAIL) SF $1.72 6900.00 $17,021.0 0.00 $0.00 0.00 30.00 81 THICK PORTLAND CEMENT CONCRETE PAVING SF $8.13 2174AM $14,413.0 1.458.00 $9.880.64 1,458.00 59AM 82 CHAIN LINK SOFTBALL BACKSTOP LS $9,050.00 1.00 59,050 DAD $0.00 0.00 $0.00 83 CfWNLINK PLAYERSMACKETBALLFENCE LF $42.81 12&00 $5,351.2 0.00 $O.00 0.00 50.00 84 AGLIME CY 520.04 800.00 $18,812 0.90 $0.00 0.00 f0. 85 PEAGRAVEL(IWMIHUS) CY $27.11 73.00 $2.03&54 000 $0.00 0.00 50.00 OND 65 BASKETBALL PAVEMENT MARIONG LS $1,60100 1.00 $1,500 0.00 $DAD 0.00 $000 QO 87 PIAY3iRUCTURE LS $40,00000 1.00 $40,000 0.00 $OAO 0.00 30.00 D as BIKE RACK EACH $1,218.00 1.00 51,278 0.00 SOHO 600 3000 0 89 PARKBENCH EACH 592824 400 8371285 0.00 $800 1.00 $0.00 n_ 90 AUSTRIAN PINE-Ir HT:(B&B) EACH $30000 21.00 $8.300.00 0.00 $0.00 0:00 .$0.00 D --I 91 FALL GOLOAS+H-2..+^CAL") EACH $300. 900 $2.700.00 0.00 0.00 90.00 m En 92 AUTUMN BLAZE MAPLE-2A-CAL(838) EACH $30CLOd 13.00 43.900.00 0.00 SOMI 0.001 $0•00 93 SPARKLER CRAB-2-CAL(B&M EACH 3300. 12.00 53800.00 0.00 i0 0.00 $0.00 n 94 ARROWWOOOVIDURHLIM-30F CONE EACH $80. 28.00 41080.00 0.00 $0.00 0.00 4000 95 HENRY KEISEYSHRUBROSE-2rCONT. EACH $10.00 12.00 $720.00 0.00 $0.00 O.0D 30 98 SOD SY 4204 1140.00 $2.325.50 coo $0.00 OOD 30.00 97 ISEEDING QNCLFERT ILIZER.MULCH&SEEDMIXWA) AC $1,815.10 4.50 $5,17020 O.Oo SD.00 DAD $0.00 98 SEEDING(INCL.FERTII nER MULCH d SEED MFK20A) AC _20 0.15 $131.58 QOO 30.00 0.00 30.00 TOTAL SILVER POINT PARK CONSTRUCTION-BASE BID $148,04721 1 49.888.54 39,88854 MLBASE BID $1.231.25&05 $27,714.52 $53 135.18 Q1 N Rl N i� r r -J G G r V1 r Vouc tail List em-Q-4. WS6 Project: 31heer Point Park&Central Park Stormwater Improvement Project An N IUsrahali prajad Location: City olSL Anthony gars: eSM2M.- WSS Project No: 1065.30 YauclmrNa 6 CHANGE ORDER NO.1-DELETED ITEMS I r+ Contract Contract C018001 eted This Month Total To Data � FT hem Unit Unit Piles Quantity Total$ Qua"" Total$ Quantity Toed � Number Desarl 2105.501 COMM EXCAVATION CY $566 -730MOD 4423 400. 0.00 SQ00 DAO $0.00 m 2105_5M SPECIAL EXCAVATION CY $7 7000.00 448 000 0.00 $0.00 0.00 $0.00 W TALMMEORDER NO.1-OELETEDITEMS $0.00 90.00 N CHANGE ORDER NO.1-ADDED I1 i3I5S Contract Contract Completed Thin Month Total To Data Line Bern Unit UnitPdee Queaft Total QuantRy T"6 QuentRy Total$ £ N0. Number N Ut1 5 2105.501 COMMON EXCAVATION(PLAN QUATl7i11� CY 36.6 200M.OD $116.00000 0.00 $0.00 10.000.00 $110700.00 40 7 2505.501 SPECIAL EXCAVATION(PLAN MMNTIiY) CY i7 160M.OD $105000.00 GAG $0.00 16.000.00 3105,000.00 D 7.5 2106.601 SPECIAL EXCAVATION(PLATT QUANTITY) CY 3915 45OD0:06 $411750A0 0.00 $000 43.000.00 S�eASD OD N TOTAL CHANGEORDERNQI-ADDED ITEMS $632750.00 $GAO 9606950.00 n D RCMNGEOFWEFt $160350.00 50.00 OB SD00 M M Xn CHANGE OLDER NO.2-DEOUCTITEMS z z contl t Cordraet ComplatedThla Month TOW TO Cato Lira tmm Unit UnRPrlce Quarrilly Total: Quanft Total$ Cluantfly TOM S Nu Number Desai 7.5 2105.501 SPECIAL EXCAVATION(PLAN QUANTITY) CY $9.15 -1905.00 411,940.75 0.00 $0 000 50.00 19 2531.507 6C CONCRETE DRIVEWAY PAVEMENT SY 332.84 -175.00 -35,712.00 0.00 $0.00 moo 30.00 LTALC3HANGE 0411 600 M0DUL ARBLOCK RETAININGWXALL(2'4T HEIGHT) SF 316.30 -060.00 43,976.00 0:00 5000 DAO $0.00 2603541 RC PFE DESIGN 3006 CLASS V JACKED LF $439.65 -40LOD 417,586.00 (Lee $000 0.00 $0.00 ORDER NO.2-DEDUCT ITEMS 439 21675 SOaO 90.00 CHANGE ORDER NO.2-DELETE Contract Contract Completed This Month Total To Date the rem Unit uniLPrice Qu Total$ Quantity Total Quantity Told6 � No. Number Descrl on ru 84 AGLINIE CY $20.04 600.00 416,512. 0.00 $0.00 0.01)1 $0:00 A TALCHANOE ORDER NQ 2-DELETED ITEMS .St 51200 $DAD 1 50.00 I" X9 X9 Q1 f+ ' Page3tle Vaache )tail List VOW, 0"M WINOV110, WSB PmJet:t; Silver Point Park&Centel Park Storntwater Improvement Project Br N 111=11 5 1 1 P 1wf LoeaBon: City of St.Anthony Dare: OSM2199 D WS8 PmJeet No. 1065.30 Vioudw rib. s I N CHANGE ORDER NO.2-ADDED ITEMS kD I N Contrast Contrast Completed This Month TOW TO Date ko Lyre Iwal unR UnBPdoe I QuanIft Total S Quo Told$ onflift Total kD No. Number Descdptbn 8 2105.507 SUBGRADE EXCAVATION CY 1560 1110.00 18.164.50 1,249.00 Se,853.00 1,411.00 $7,780.50 m 9.5 2105.521 GRANULAR BORROW(L%) CY 1400.00 $13,300.00 1,750.00 $1a.6250D 1,750.00 $18,825.00 W 1t 2200.601 AGO REGATE BASE CLASS V TON $10.2 250.00 02;742.60 0.00 $0.00 o00 $LL00 N 312 1•COPPER WATER SERVICE LF $11.50 52M $598.00 0.00 $0.00 52.00 $58800 38,4 4 WATER SERVICE INSULATION SY $12.80 3.80 $45.38 0.00 $0.00 390 $45.38 40 04SIA02 GRANULAR FOUNDATION CY $8.50 2000.00 $13.000.00 0.00 $0.00 1,194.00 $7,588.00 45 2500.541 ur RC PIPE DESIGN 3008 CL II LF 198.10 3800 $2.451 a 0.00 $0.00 . 3590 12,451.80 � 54.5 2501AIS 54'F.E.S.WITH SHEETING PILING EACH $8Mk28 1.00 $8,84 0.00 $0.00 1.00 38.84919 w 72 0576805 GEOTEXTILE FABRIC TYPE IV SY S3.t0 1700.OD ;5,270. 1.724.00 $5,344.40 1724.00 $5,344.40 90 7a 2104.621 SALVAGE CHAIN LINK FENCE LF . 55.10 20700 $1,499.70 11 D.W S58t.00 292-00 $1.18310 ID 77 OSST 809 REINSTALL CHAIN LINK FENCE LF 07.95 28700 $2,195.55 0.00 5000 000 30.00 O 77.5 SPEC e x 1T CONCRETE MAINTENANCE STRIP IF $115 165.0D 11.897.50 11600 11�Z9S00 110.00 ;1788.00 C� w 3 THICK MHOOTTYPE41 BITUMINOUS WEARCOURSE-FULL DEPTH(TRAIL) SF ;1.72 •410LL00 $7.588.00 0.00 $0. CAD %moo m 8< UME QW BALL DIAMOND AGGREGATE Ar DEPrHj CY $27.54 430AD ;11.842.20 OAD 1D 0.001 $moo N ALCHANGEORDER Z-ADDEDITEMS ;76.37817 $30948AD I $148988,32 Z (7 OE ORDER NQ 2-NET TOTAL 41 649A2 130 2 ABL32 RANG 707AL ;1 11 8.3T SSa t92 11190 T3 50 Q1 r IL] N A F.. t+ M m 11 � J Owo BRC FINANCIAL_ SYSTEM ST. ANTHONY VILLAG 17/99 13: 15 Check Register GL540R-VO4.40 PAGE BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004225 ALLIANT FOODSERVICE 14880 05/26/99 2,318.34 000120 AMERI PRIDE 14881 05/26/99 617.40 004293 BELLBOY CORP. 14882 05/26/99 995.89 _ 004042 BUREAU OF ATF 14883 05/26/99 250.00 004080 CHISAGO LAKES DIST. CO. , 14884 05/26/99 4,300.25 004087 ---CITY Y PAGES 14885 05/26/99 231 .00 004095 COCA COLA BOTTLING 14886 05/26/99 1 ,480. 15 004107 COMPTON'S COMMERCIAL CLN 14887 05/26/99 2,445.95 _ 004114 DREW/MARY 14888 05/26/99 841 .50 004120 EAGLE WINE CO 14889 05/26/99 792.46 004141 FRITZ COMPANY, INC . 14890 05/26/99 5,049.54 004157 GETT_MAN HOWIE, INC . 14891 05/26/99 175.05 004172 GRAPE BEGINNINGS, INC . 14892 05/26/99 1 ,487.48 004175 GRIGGS COOPER & CO INC 14893 05/26/99 12,706.60 004199 _ HARKER 'S DIST. , INC . 14894 05/26/99 108.08 004207 HOHENSTEIN'S, INC 14895 05/26/99 4, 578.71 004220 JOHNSON BROS. LIQ. 14896 05/26/99 6,514.91 004230 KUETHE_R DISTRIBUTING CO 14897 05/26/99 26,682.39 002040 -LILLIE SUPURPAN NEWSPWPE_ _ 14898 05/26/99 200.00 008418 LMCIT %BERKLEY RISK SVCS 14899 05/26/99 832.79 Ada 004265 MARK VII SALES INC 14900 05/26/99 19,447.26 004266 MARKET MECHANICAL 14901 05/26/99 563.47 004272 METZ BAKING CO 14902 05/26/99 78.52 004277 MIDWEST TAPE & RIBBON _ _ _ 14903 05/26/99 2,070.00 _ - ----------- - ------- -------- -.._ ..--- ------------------- 004299 MPLS. OXYGEN CO. 14904 05/26/99 23.55 004334 NORTHEASTER 14905 05/26/99 558.00 002680 NORTHERN STATES POWER 14906 05/26/99 3,204.86 000045 OFFICE DEPOT 14907 05/26/99 185. 18 004345 OLD DUTCH FOODS INC 14908 05/26/99 54.24 .00001 PEDERSON/JEFF _ _14909 05/126/99 225.00_______ 004355 PEPSI COLA COMPANY _ 14910 05/26/99 418.78 004360 PHILLIPS WINE & SPIRITS 14911 05/26/99 4,369.77 004362 PIONEER PRESS 14912 05/26/99 165.60 00'8495 PRIMETIME TRADIRIG COMPAN 14913 Q5/26/99 184.00 004376 PRIOR WINE CO 14914 05/26/99 4,629.39 004385 QUALITY WINE CO_ 14915 05/26/99 9,018.25 002380 RELIANT ENERGY MINNEGASC 14916 05/26/99 695.35 004393 RON 'S ICE 14917 05/26/99 584.73 002420 STAR TRIBUNE 14918 05/26/99 18.98 .00002 STONEHOUSE 14919 05/26/99 240.00 004466 SYSCO-MINNESOTA 14920 05/26/99 1 , 173.50 004468 TOTAL REGISTER SYSTEMS 14921 05/26/99 79.00 004480 TWIN CITY FILTER SERVICE 14922 05/26/99 109.78 008507 US FOODSERVICE 14923 05/26/99 385.36 002700 US WEST COMMUNICATIONS 14924 05/26/99 880.35 008219 US WEST DEX 14925 05/26/99 469.20 003710 VAN 0 LITE INC 14926 05/26/99 56.62 004494 WASTE MANAGEMENT - BLAIN 14927 05/26/99 327.43 BRC FINANCIAL. SYSTEM ' ST. ANTHONY VILLAGE: 05/17/99 13: 15 Check Register GL540R—VO4.40 PAGE FLANK - VENDOR - CHECK# DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 008316 WINE COMPANY/THE 14928 05/26/99 1 ,031 .40 LIQUOR CHECKING ACCOUNT 123,856.06 *#� BRC FINANCIAL SYSTEM ST. ANTHONY VILLA S1r8799-1-21-13 e�Re g i s e r z - _ANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING - QOS r�'17 FBI RCF�S-IV�RTi=i-CENTF�A 94-7 -0 008227 AIRTOUCH CELLULAR, BELLE 9475 05/26/99 222.28 007338 AMERICAN .EXPRESS 9476 05/26/99 105.06 BS0-6 RPtKUS-RES-CUE-SYSTEM ,uu 008505 BATTERY CITY INC . 9478 05/26/99 207.06 008153 BOB 'S- PERSONAL COFFEE SE 9479 05/26/99 55.48 .- 000-400 BOYER-TRUCKS-MINNE"APOCI b 9480-057267 007147 BRAD RAGAN INC 9481 05/26/99 186.08 003714 BUILDING FASTENERS 9482 05/26/99 64.96 2 64 CARLSON-QUI-PM 483-0 007382 CROWN FENCE & WIRE COMPA 9484 05/26/99 36.05 007058 CSC CREDIT SERVICES 9485 05/26/99 25.00 007178 D-ROCK-CENTER-SMALL-E 6-0572 , 000800 DAVIES WATER EQUIP CO. 9487..05/26./` 919'l- .: . 69.71.. 008465 DETERMAN BROWNIE, ' INC . `9488 05/26/99 ;; 243.00: —000807 D7AMONtDrtIQGEL-PAINT 005048 DPC INDUSTRIES INC 9490 05/26/99 108.35 008284 ELECTION SYSTEMS & SOFTW 9491 05/26/99 1 , 107.60 000860- ENGSTROMtRICHARD 492-057 2-67"79 62.01 008340 FAIRVIEW OCCUPATIONAL HE 9493 05/26/99. .163.00 001025 Ci & K SERVICES 9494 05/26/99, 39.75 0-x030- G--&-K-SERVICE 495 1-72 007335 G C R 9496 05/26/99 5.00 008452 GE CAPITAL ITS 9497 05/26/99 44.00 -- _OCY1-1-45- GLENWOOD-INGLEWODD 949€ 05-12679 6- 001230 GOPHER STATE ONE CALL 9499 05/26/99 91 .00 001250 GRAINGER INC/W W 9500 05/26/99 92.44 --005121 HARTMAN-/JAY 5al-0572-6t9 001420 HAWKINS WATER TREATMENT 9502 05/26/99 1 , 137 .91 001505 HENN CO SHERIFF 9503 05/26/99 977. 15 008252 HOME-DEPOT-=GECF-- - 950}4-05F/-a6-,f9 007392 LARSON COMPANIES 9505 05/26/99 100.05 008434 LEAGUE OF MINNESOTA CITI 9506 05/26/99_ 560.00 - 00-1-980--LEAGUE-OF-MN-C3T-IE 50705f`a6t9 004271 MEDIA ONE 9508 05/26/99 2.72 . 007129 MEDTOX 9509 05/26/99 45.00 008467 MIDWAY-FORD- 95tO-057 6 002280 MIDWEST ASPHALT CORP 9511 05/26/99 459.52 007359 MIDWEST COCA-COLA BOTTLI 9512 05/26/99 175.80 005E?1-0 MFNN-C-ONWAY-F-IRE-&-SAF 008198 MORNSON/MICHAEL 9514 05/26/99 228.40 007370 MYERS TIRE SUPPLY COMPAN 9515 05/26/99 9.59 ---- 008282 NETLINK-INTERNATIONAL 95-1-6-05-/-26f99 3,9 1 .25 002680 NORTHERN STATES POWER 9517 05/26/99 11 , 197.29 008350 NORTHERN TOOL & EQUIPMEN 9518 05/26/99 103.26 000045---OFFICE-DEPOT 5-1-9--05f2-6-f9 007217 PARTS PLUS 9520 05%26/99 32.57 008369 POSTMASTER 9521 05/26/99 1 ,300.00 BRC FINANCIAL SYSTEM ST. ANTHONY VILLf 057�8799�2 r ChcR-Register L5-40 - :BANK VENDOR CHECK# DATE AMOUN FIRS FIRSTAR ST. ANTHONY CHECKING 085F7C-SDENTIFrCATIOIVS;I 522�i35725r9 . .00001 .. . RODRICK HANSON 952305/26/99 50.00 003315 SERCO LABORATORIES 9524 05/26/99 . . 63.00 08 GNS-BY- NORTF{CA 005285 SROGA 'S 9526 05/26/99 58.58 008448 ST. CLOUD STATE UNIVERSI 9527 05/26/99 716.00 082I-2---STILLt4AN7ALE'X-ANDRA 952e-05726799 3ty.eo 003490 ST,REICHER'S 9529 05/26/99 2,.222.00 008382 SUN BADGE CO. 9530 05/26/99 :. 320.00 005273 I ESSMAN-SEED-IN -95-31-05IE6 799 008335 THOMPSON ASSOCIATES 9532 05/26/99 700.00 008202 TIMESAVER OFF SITE SECRE 9533 05/26/99 97.50 003°t60--TfZACY-PRINTlNG 008449 TWIN CITY GARAGE DOOR 9535 05/26/99 101 .85 004481 TWIN CITY JANITOR SUPPLY 9536 05/26/99 213. 16 0073 I'RE-&-E Xt4A UST 527-0 008010 UNIFORMS UNLIMITED 9538 05/26/99 2,702.79 002700 US WEST COMMUNICATIONS 9539 05/26/99 2,024.82 --- - 003720 W-W-GENERATOR-REBVYILDER 95 0-05�`3579� .5 004494 WASTE MANAGEMENT - BLAIN 9541 05/26/99 260.77 003820 ZAHL EQUIPMENT COMPANY 9542 05/26/99 9.6r FIRSTAR ST. ANTHONY CHECKING 36, 118.34 # MEMORANDUM DATE: May 19, 1999 TO: Michael J. Mornson, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: May 18' Planning Commission Meeting Summary 1. Randy Stille will be the Planning Commission Representative to the May 25°i Council meeting. 2. Public Hearines. a. 99-02 Sunset Memorial Cemetery, Sideyard Variance Request. Motion made by Horst, seconded by Bergstrom to approve the applicant's variance request. Motion passed_ unanimously. b. 99-03 Dave Sperry, 4XXX Fordham Drive, Lot Width and Lot Area Variance Requests. Bob Graham, 4020 Fordham Drive spoke against the variance request because he stated concerns about flooding issues that are problematic in the area and which the City has not addressed. Chair Bergstrom reported that the City plans to redevelop Emerald Park, which will include a storm water retention basin. Keith Gordon, 4012 Fordham Drive spoke in favor of the variance. Mr. Gordon is a civil engineer for the City • of Apple Valley and he reported that the problem appears to be that the storm water pipe that carries water away from the area is too small to handle the run-off. He calculated that the proposed development of the vacant lot would increase the run-off by about 2%. Mr. Sperry noted too that Staff told him that the proposed structures could not exceed 35% of the lot and that the Planning Commission and City Council would probably not support other variance requests for the structures. Motion made by Horst, seconded by Bergstrom to approve the variance requests. The motion passed unanimously. C. 99-05 Coppo Partners, 2837 Anthony Lane South, Rear Yard Setback Variance Request. Motion made by Bergstrom, seconded by Horst to approve the applicant's variance request. The motion was based on the hardship created by the codification of the Zoning Code after the construction of the building and that bringing the addition forward would create structural problems and make maneuvering semi trucks into the proposed truck bays very difficult. Chair Bergstrom noted that because of a neighboring property situated in Roseville sits on a bank that makes it higher than the Coppo Partners building, there appears to be storm water run-off problems and suggested that some sort of draining mechanism or structure be installed. Bergstrom asked that the engineer on the project meet with Staff to determine what structure would be acceptable. The motion passed unanimously.. 3. Concept Review. None. 4. Report from the Parks Commission. None. 5. Comments. Moore-Sykes reported that the GTS zoning and planning training will be held at City Hall on Monday, May 24, Wednesday May 26, and Wednesday June 2. She also reported on the neighborhood meetings that are being held. 6. Adjournment. The Planning Commission meeting adjourned at 9:35 p.m. • STAFF REPORT 0o: Plannin g Commission From: Kim Moore-Sykes,Management Assistant Date: April 20, 1999 Subject: 99-02 Sunset Memorial Park Variance Request for Five-Foot Sidewalk BACKGROUND: Representatives from Sunset Memorial Park, Ted Dirkman and Dennis Bridges, are requesting a five-foot variance to allow Sunset to construct a five-foot wide sidewalk in the setbacks on the northeast and northwest sides of the recently constructed mausoleum Staff had noted the lack of sidewalks when the original plans were reviewed with the architect and construction company representatives. At the time, the representatives indicated that sidewalks would not be necessary because the grounds of the mausoleum were going to be sodded. As Mr. Dirkman stated in his application letter, he was under the impression that these sidewalks had been planned for and approved at the original approval process. In meeting with Staff, he as surprised to learn that sidewalks had not been planned for all around the building. Mr. irkman states in his application letter that having no sidewalks.makes it very difficult to clear the area of snow and ice in the winter, it can be muddy in the spring or after a rain, and it becomes a safety issue for employees interring caskets into exterior vaults located higher up in the mausoleum. ANALYSIS: This variance request would not alter the essential character of the area and strict enforcement would cause undue hardship to employees in the performance of their job and to those people visiting the mausoleum. As such, this property could not be put to a reasonable use without the variance because the nature of a mausoleum requires most visitors to be outside. Economic considerations do not appear to be an issue with this variance application. Ms. Kim Moore-Sykes Saint Anthony Village 3301 Silver Lake Road Saint Anthony,MN 55418-1699 Dear Ms. Sykes: The purpose of this letter is to apply for a variance to construct a sidewalk around an existing mausoleum at Sunset Memorial Park in the city of Saint Anthony. At the time of the planning of this development it was my belief that the general contractor had secured approval to construct this building with the intent that a sidewalk would be constructed around the entire building. It-was just recently brought to my attention that we have two locations that this was not approved during the original approval process. This is crucial to the families that we serve and the loved ones they come to visit during the time of grieving. Our industry is primarily based around the grieving process of the family members,,at the time that they lose a loved one. It's our duty to make this grieving process as comfortable as possible for burial, which includes above ground burial (mausoleum burial). Memorialization is one of the single most important parts of the immediate grieving process. There is generally an ongoing . visitation, which can be an extension of the grieving process. At Sunset Memorial Park,the current situation would not allow for the families to visit a family member that has passed, in the comfortable manner in which other family members will be able, due to the lack of a sidewalk. It is this sidewalk that will allow the family member to stand on a solid surface, which can be shoveled free of snow in the winter and keep them from standing in mud in the spring and fall seasons. Visiting loved ones that have passed, is a very important part of letting a loved one go, and doing this without further complications to their visitation is the goal of all cemeteries that are concerned for their families. Although the cemetery industry is a business like most other businesses, it does stand alone_ in the fact that we are responsible for the family members, left to us by their loved ones. On behalf of Sunset Memorial Park,we look forward to your response regarding the dilemma that we face. Should you have any questions regarding this or any other concerns you may have, please feel free to contact me directly. I will await your response,until then I remain; Sincer ly, Ted irkman . Area Manager .om Sunset Memorial Park March 2, 1999 Ms. Kim Moore-Sykes Saint Anthony Village 3301 Silver Lake Road Saint Anthony MN 55418-1699 Dear Kim, This is just a follow up on why the location for the mausoleum was picked. I was told that years ago there was an old amphitheater located on that spot. There were people from that cemetery that told our company that promises were made years ago to preserve that building and the area around where the new mausoleum was built. We took the pillars from the old amphitheater and had them refurbished and cut and incorporated them into the new building. The space we had was limited so the building was put just on the end, off the set backs. As I understand it only part of the building can have sidewalks. I would like to apply for a variance so we can have sidewalks all the way around our building.- I am sending you a site plan that shows set backs and where we would like the sidewalks. I highlighted them in green. The sidewalks would be five feet wide. Kim, my understanding from our conversation is that sidewalks need to be included in the twenty five foot set back. If this is so, would you please put us on your agenda for your April meeting. I would also like to attend your plan commission meeting in March. I hope this clears up some of the questions. I hope to hear from you soon. If you have any questions please call me at 920-683-7904. Thank you for your time. Sincerely, j Ted Dirkman Manager of Maintenance and Construction P.O. Box 815 Manitowoc, WI 54221-0815 Phone 920-683-7904 ■ Fax 920-683-7907 FEB-03-99 WED OS:39 aM COLD SPRING GRANITE FAX NO. 320 685 5008 P. 02 - j b`' \ lot 4 t Le :� r,• sac �� � � 1 +\ Yc S ' r G C-) f- c ♦r i t d Y STAFF REPORT 0o: Planning Commission From: Kim Moore-Sykes,Management Assistant Date: April 20, 1999 Subject: 99-03 Lot Width and Lot Area Variance Requests for 4004 Fordham Drive, David - Sperry, Buyer BACKGROUND: Arvid and Eleanor Johnson, owners of 4008 Fordham Drive, recently filed a lot split and replat with Ramsey County that had been approved by the City Council twelve years ago. They had delayed this filing because they felt they would be adversely affected by property taxes and they were not ready to sell the resultant vacant parcel. Staff called the property offices in Ramsey County and verified that they had recorded the lot split and replat. Mr. and Mrs. David Sperry, currently residing in New Brighton, have a tentative purchase agreement with the Johnsons, to purchase the lot that was resultant from the split of 4008 Fordham Drive.- Mr. and Mrs. Sperry would like to build a $130,000 home for themselves on 0"Is vacant lot but would like to have the variances approved before they close on this property. Staff has advised them that they also need to be aware of the setbacks and lot coverage. restrictions for this zoning district. As their letter indicates, they are aware of the need to address those issues without requesting additional variances. ANALYSIS: The lot in question is 60 feet wide and its area is 7,985 square feet and as such, not considered a buildable residential lot according to City Ordinance. The Ordinance states that a residential lot in the R-1 Zoning District must be at minimum 75 feet wide and an interior lot must not be less than 9,000 square feet. The Sperrys are asking for a lot width variance of 15 feet and a lot area variance of 1,015 square feet. In granting a variance, the essential character of the neighborhood would not be altered and would be in the keeping with the intention and spirit of the Zoning Code. It is also possible that this lot can not be put to reasonable use without these variances. Mr. and Mrs. Sperry contend that there is a hardship in that the owner did not create this situation and that the Council had approved this lot split in September 1985. Date: March- 11, 1999 • Fee: $60.00 Rr-1 . • . $ 60.00 Other . . . . $100.00 CITY OF ST. ANTHONY VILLAGE Petition for Variance Applicant: David and Paulletta Sperry Phone: (651) 636-4269 Address: 121 - 20th Ave, S .W. New Brighton, MN 55112 Status of Applicant (Owner, Buyer, Lessee, etc.): Buyer Legal Description of property proposed for variance: E x W 16 3.0 7 f t • S 15 f t o f L o t 4 B 1 k Street Address: 4004 Fordham Dr iv Ex W 163. 07. ft ; N 45ft of Lot Presently Zoned: R—i Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets if necessary. . 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel or lot, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. The current Zoning Code does not permit a single family home to be built on this 60 foot lot unless a variance be granted, in which case the lot can be put to 'its best and greatest use . 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. Granting the variance would correct the extraordinary circ- _ stance that the lot has no adjoining .land that can be adde- - it to meet current Code requirements, meaning that .without'- variance the new owner is unable to use it for building a h . 3. The alleged difficulty or hardship is caused by the City Ordinance and has not been �",s.-_ created by any persons presently having an interest in the parcel of land. Prior to the passage of the current Zoning Code , many homes in St. Anthony Village were built:,on lots less than 15 feet in width and 9000 in square feet, ` d since pas ge of current Code; variances have been grante for lots in the vicinixxy . smaller than current S1 ture of . pplicant Code specifications . Note : We are petitioning only for variances on lot width and square feet . Code regulations _regarding setbacks and the 35% proportion of lot allowed for our home and its driveway, walkways and decks will be honore, 121 —200'Avenue S.W. New Brighton, MN 55112 March 12, 1999 Members of the Planning Commission and City Council - St. Anthony Village 3301 Silver Lake Road St. Anthony, Minnesota 55418 Dear Members: We are pleased to submit the attached.Petition for Variance, the granting of which will permit us to build a single family home on a vacant lot, the PIN# of which is 31-30-23- 42-0167-8,with a probable address of 4004 Fordham Drive,N.E., St. Anthony,MN. Our need to apply fora variance arises from the fact that the lot is smaller than required by the current St. Anthony Zoning Code. The lot measures 60 feet wide by 133.085 feet in average depth, leaving it 15 feet less in width (75-60) and 1,015 sq. feet less in square footage (9000-7985). There is no available adjoining land to add to it. There are several other lots in the vicinity which are substandard, either because they existed before the current Zoning Code went into effect or because variances have been granted under the provision of the current Zoning Code. We believe this Petition is consistent with the conditions St. Anthony Village has spelled out for granting a variance (1665.06, Variances), namely by presenting the following factual evidence (Subd.3. Evidence): (a) The subject matter of the application is within the scope of this Subsection. (b) Strict enforcement would cause undue hardship because: (1) The property cannot be put to a reasonable use without the variance. (2) The' circumstances causing the hardship were not created by the owner. (3) The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone are not the basis of the hardship. (c) The circumstances causing the hardship are unique to the individual property under consideration. (d) The granting of the variance is in keeping with the spirit and intent of the Zoning Code. We believe that the variances we are requesting conform to these facts. We are not petitioning for a variance of the Zoning Code requirements relative to the setback of a house from property lines (a total side-yard setback of 15 feet but not less than 5 feet on one side) and the 35%maximum area of the parcel which can be used for a house,including its driveways, walkways, decks, etc. We plan to,stay within these limits. We propose that the setback of our home from the curb be 58 feet_ which is the average of the setbacks for the two adjoining houses. Attached is the footprint of the house we plan to build and its proposed location on the lot. At this time we are unable to make available a full set of drawings. However, it is our understanding that the final full set of house plans is subject to Village approval prior to breaking ground. But we want to assure you that we have enough equity in the home we currently live in to allow us to build another that will be in stylistic harmony with homes in the neighborhood as well as being an asset to the Village of St. Anthony. As a historical note, the matter of this lot was taken up by"the St. Anthony Village Planning Commission on September 17, 1985 and by the City Council,on September 24, 1985. Copies of the minutes of those meetings are attached. We have signed a Purchase Agreement for this property, contingent on our being granted this Petition for Variance. We await your favorable response, believing that our Petition is both reasonable and in harmony with the spirit and intent of the Zoning Code of St. Anthony. I* erely ours,Y David and Paulletta Sperry ---- _ --- E-- 79.0 16010 45.0 2-9.0 JZ I I 24.4 \ / ti w /2 E- B� — -- ---- - --- -"- 7 m 24.0 0 q9.6 8055 PRoPI_=/<TY sPE,eRy Peopt-- y ToHIVsoN Pfo?l--,ery 7q.0 so 40 0 FORDHAM 4004 4008 S i r E P L A Al DMSION NUMBER .�A.� �?� • BEGIN DATE :?.:�•�•• •••• '(� �U<(ci ASSESS' 07 YEAR.. . -e?.V . .... °� • PRIOR DIV :. (A 6S9?,S'2- 3 .30_23—� • DESCRIPTION' TAX DESCRI LOT SIZE. qS 4-���� - ---------- PLAT. Dl_?_ �- DESC.------ - - -- --- ----------- ---.- -r - ------------------------ - -- 1- _ ------------ _ �`=------ f----------- --------------- --------------------------------- TR,AN� DATE. �O� �'� u5 INST TYPE. p TRNSFR DATE. I j I ey/8s- ---- n I _ ---J_v_� rat s° 4 ------------------- FEE OWNER . . . . . . . . _gS_ti�----- s°N------------------ ------------------------ v� z�==a=n��=�c—r�srr=�as=a'�=a�a=aa�s�s�3saarsaa�ra==�sa=s=aaaasa TAXPAYER - - - - - - - - - - - - - - - ----------------------------------------------- . . . . . . . . . . . . . . .___-_--_________________-_____- ________-_____-_____ --------------------------------------- ------------------------------------------------------� RONALD F. MEYER -- S I.&=n mivESrOR LAND�YwV(YIND EY■DI VI[ION D[[IDN . T[LtPHON[ vv"aea Yea J[[[I[ BT.: OT. PAUL. MINN. 05101 I hereby certify that this survey was prepared by me and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Reg. No. 9051 Date: Aril 27 1986 34,5 I 44 ,I SNEDo ft; IN h • �: .House .o� n I �f .B ON °52.6° - .�� • S. /ine Lof 4 N /lr,e• Lef S p 1�•R.i . O 1.� p 0 q`) C4 93-0.9 1 I I 33 . I 0 =Iron found 0 = Iron placed marked RLS 9051. A. All of Lot four (4) except the.North thirty-four and five-tenths (N. 34.5) feet thereof, 'except the South.fifteen (S. 15) feet thereof, and except the West one hundred sixty-three and seven hundredths (W. 163.c7), feet thereof, in Block five (5) in Mounds View Acres Second Addition. B. The South fifteen (5.. 15) feet of Lot four (4) except the West one hundred sixty-three and seven hundredths (W. 163.07) feet thereoff . the North fourty-five (N. 45)_feet of Lot five (5) lying East of the West one hundred sixty-three and.six hundredths (W. 163.06) feet, all in Block five (5) in Mounds View Acres Second Addition. Scales 1" =30' c aA Llk 3 11 =3 535.ST I A Lit R 321.37' -�•�_. r . _y;, �- -- qo V111.2. 0 30 1r!•o 29 s' 115.1} 33 33 1> .4 6 9 a9•Zi 00- C3G) i a1 1s. ° (11) 20 (73) w 2 g N (e4."91-1 _=�' -�-- (►zo) �KPp � ' 1!!1) es Id ar am age �� �,, :4 13038 3 ° (lo) °o s r X01 ,gZac• 1na14 '!; Iql I � +S 131�e(41) °+ �() ((G%) ` 88}, (221) o� 4 111 .42ac• 169) 2�9 190 oz o 91 8 20 ltxtr 64 q. -( 62.25 192 9 �e A e r 8r g .C�1 Ov A 26L1 I. I � 151.15' 214. 4 109.9'1 0 •I 195.SG /�11 (178) Ftsy 2 ,qq 16 I7 (Gl M ) 1bs.o fr ) I I villag. d' St.An}lo I� s� (IGG� �4 sa0alaua ulr Z95.8� Fox D9rA0.3 n\Q 2 ) ! i •9 �r Trss.ea 32.0 1 a f-- `� (2J) « • sb •15 N 8 � 1403.0 - I( '7�.ob �e1e�23 X49'0 O.L. B QO 3 W 16 (GG) ° 1= :f _ (246) (247) 2 r 222 Jo- 133.11 2 1� t�z) uq.l 199 to e m I��a _ Igo -. ti W9) O� cl3z3 / s 4.5 r 6 15� 4�" 4'.. O.L. G g(iso)ea G Cl 24� `(5� IS 200 -( N , (235) R e Y z3 p N. �4 (65) CjT► Q { 3 G�o M 1 1. (IG3)y C Z3 . ei a 4 74Jd le 1&1.06 Atroe 1 3.0$ °j;3 1 N 1 130 mRs/) 4243 1 �� '_° a Vol h r a ltI 133' 0.L Z bb I .75 1 e- 1a4s m 071 7x w 1R 134.5' I4 ' m4 7(50) (51) os A (25 C/ 5 E41T I.��Crr7 (G) LIB- � (,$) _ 1 : 9.�, 13s.e1.. - a L3Z) , $o O 3 , ' ---130---., � 1 � � •,, o' � 4 � � QO r � CI'144 � _ I CIG N Q �• l N . _ ( !33.04 =4 .� Ira] 11 'd a �3 (35) (?40 6 2 T37 14 0"2 g- 4 l(7 %. o 21 .04 1Do 3 h 13 j _ 2 2 T Z _ 5 ^ -� (GI) �. N &° (55) °93 9 1 .9.3 y I.81�' NZ �1 ' �p• � � w (59)r N c� (53� �5 N ^ .a ba Sp• � , 1 1 e►Yl 13 or' 2 90 r3 5,0Z _ �133.oZ 133'(91).3 1� �� \� �1 cJ ,; _ 1oe.a� - 3 0 ••SIe ot,i -qo- N 00 I(IB7 "N M C1) 2 ' OO• • ` A o 1 J U9) 6 (S7)(s7)a� II I (s�) N a �� ;P 3 $ ' P.� �:!� 1 i 1 L345 1.z+' gq.38r 7F.36• 30 3o Bo ( 8v "7c9) n 276 en -7 249 --- ..,•.,J +..♦ -:' rh --_ -- ---I A y1 F A4 IC m , h `7 7.1 43 V q.o qq,7 1oe.9• 29 6 117.7 178.25 ai' \ 1!1 ` C 94b• M w os1 9b.fo• o c ^ C3o) m 57 °' 2 ( 1.1P 0 a•I Ny, !.o 1 O PI 10 aj ti� i s�I o 14 I� C3 '6`••• 1.03 • - y�� N: m ~ (IA) CI3t.~ :.3oas y .sea.. i �O - t (23) m _t_• 0317 298.80 �P - 177t1b �I) ti� B� . ti O• 4 t a' 208.45 �o¢�e KV14"o G^y � .,' a��J `•� `pp• � o� `�� N r!s � e0i 2 ... _ V 18.11. 15 ti� �J3 2.z4... I (Z) 0 `� I ��y 63.ro r3? �C6 (10) al) FOSS ROAD . I 3 °I , t .' N Q� 2 N Conoo. no•Z2G N 14 c M °y 0.� �� • Q \, ~�� I 0((a2-T7) 1 1 4 �!8 + -.'• ��� y4 �P` 4 ;` 1 �e43a� !3 23b.70 m (JJ + .-r � � �'y• S,�p2S ° 17:,y villes��_ PATIO HO ME5 1.1- .'+ .o�r.0 -O4 1.O l a.• (11� ti (}-� . Pw1•k 5i+-(34) 4 1 see-o r e a- .;-�a:{� .,;<o -_'=_'t 7.p c�4.�'�!�.��.: f\k�r '�J•'��' .r'�... ar'-:-. �:ti:;= z.� t i-�ti•'13'�•ic+_ _ c�,:.��.s'}°`. ! �. o-,`a-• i�'� • ,y, �w�� y'�.�: *3 �..f3:I i r �Yi,�7a..r_r io� e e a it''4a0.7 04 F�o�r+r dha+.�m, rce _wr.�•_-�•i..s ri 3a r. L Dnve a+c�i.�'•'" s�i l�.t_ � -s. �.,C-, r•'i'P , :o•.?.[ •r�n: r*.. .`h�.:;� - .;,..`,.�_ ..S-�. -y..• .. :.:.'�ti::��� r �`f .. �'.(.l. -!,s_ ct�:� __i• yaicT- yy��-Vt�' �.�� :}4�- .. .-. ._.p 1 F Y"r.ti�•�, _ _ •:i. �yv •S +.s• 4%'� •.;?tK •--,. t•cc3!•.,- _ S� '�f::tvl:�,,,,. .} �.LD S c' +t •...K,d.x .�.,= Z � a-__ ....�,�'� ••?�. F; .�?' �S•'_'?•ii%sc••'-' r'�'S ., .+.. `�'. � 7 ; „'%n�.'•:?:•:.: - .: - - 4� v- '.Y .WeAaie requesting a vanarice for the lot at ,4004 Fordham Driyes(owned by Arnd andllie _� a�C,y o �� •b -.-Johnson), b_ e't�veenshomes owned n' - ,`.-;�'.. Y - - by the7ohnso s and Bnan&Kathy Ross. ':The'lot'size v r 'by:code is 75'.wide��We'neeed avanance�to permit us to build on"a"60':x133' lot ':This Athe last avadable'lot-on Fordham Drive:1'_�Please sign below to show that you`suppoit our - 'reCquest fol vmance:? OM . NAME 14 ADDRESS = _ F 4000 o _ ,. . ;`. LA ro {U. ,v �l t r 1 2 3 yon Oor It Tq .9 PC, lY \ :Sidd , rte.'): _ .1::' - •'l \`r"T:•� t it — - rte•, 'Z•ff - ' .•.mil•':•_ +F:,z� �+ -a Ll:-Fr C. s-�..,�1P ^•e:`' ^ •:, -.•��= ;:.-- -_, t J:. R '..••; ��w.e.,'._ -� _ w�`?' = Neighborhood Approval for' equest for:Variance at 4004'Fordham Drive. riY ' Y=�� r:::.. _ ..Y. �cu'x _�:': � _::a-s tea::... _ _ :=i�t' -Qr1: x%`r .isx_•>-�.e2:r.•� ^�� . •'i,i�7r: :�..�': :.r''. — �4'w.'�r, Na--'?: ..,-:.i•c r _�:; -a� o..�. `a.-L. � �r:::r•-- �.. ��y_� .r.,,..,r• - .:c>::=:'*..• .�. '-:'l. i^:...:��; .�:�.'-�..a• �?�^+^---�.y�`'9.-r.. all -.�� - :'r 1i:KS.,o-�.-. ��.. ��.✓.-y1`„-,J;_- r4.� �•:�I�:�°i.:�-s:�..1..=:��..'•s�:,,�....��.r.t 1�.N..v. :Y1C - L f,Y. --M��_ ?4'C-�._ .4t v rF-tt�`�� �_-.i-..f_-t'�.i�? .. _.. t..-'.f .`•'Y _'� .. - 7= .- ..J�o :;We are requesting a'variance for"the lot at 4004 Fordhain Drive(owned by:Aivid and Ellie -.t; - John§on),betweei homes_owned by the Johnson s and Brian'&1Kathy Ross :The lot size by code is 75':wide:<We rived a vanance to permit us to build on"a 60x 133':`lot This is the last avaflable lot on Fordham Drive. Please sign below to"show that you support our r - - request for v ce. NAME `ADDRESS 3Q33 ,1�2a -cG t 1. zs qe - &A avu 4t:2� aewo STAFF REPORT #0: Planning Commission From: Kim Moore-Sykes, Management Assistant 4U1,:,7 Date: May 18, 1999 Subject: 99-005 Coppo Partners, 2837 Anthony Lane;Rear Yard Variance Request — Mr. Geoffrey Benedict of Vanguard Construction, Inc. and as agent for Coppo Partners, 2837 Anthony Lane, has submitted a request for a rear yard variance in order to construct a proposed addition. The current principal structure already sits five feet into the rear yard setback. The proposed addition is planned to be constructed along the same line as the rear of the existing building and as such requires a 5 foot variance to the City's rear yard setback ordinance for industrial properties. The proposed 200 foot by 84 foot addition is will be constructed on the northeast side of the current principal structure and will provide an additional 16,800 square feet of warehouse. The roposed addition will also Allow for the construction of four additional loading docks. As the ite plan indicates, the owners intend to also reconfigure the layout of the parking area to allow for an additional curbcut, drive and parking stalls. If their request for a variance is approved, they will be required to install additional parking spaces. By ordinance they are required to install 32 parking spaces and the site plan indicates that they will provide 38 parking spaces. Staff researched the file to determine if a variance was granted for the existing structure and found that the original building was constructed in 1972, which was before the Zoning Code was codified. With this being the situation,there was no variance required in 1972 because the building is considered "grandfathered" in. Staff received no comments regarding this variance request. Date: Fee: . R-1 . . . . . . $ 60.00 Other . . . . $100.00 CITY OF ST. ANTHONY VILLAGE Petition for Variance Applicant: C� 0 �li�Pi�S Phone: Address: 3 ,� ,iC'o• . Status of Applicant (Owner, Buyer, Les ee, etc.): Legal Description of property prop a or variance: 2., Qpi�ss Street Address: se/. Presently Zoned: Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets if necessary. 1. Because of the particular physical surroundings, shape, or topographical.conditions of the parcel or lot, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income-potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by the Citv Ordinance and has not been created by any persons presently having an interest in the parcel of land. . Signature of Applicant APPLICANTS. PLEASE NOTE: All developers or property owners must submit the following information to the City of St. Anthony Village by the Tuesday that is 30 days prior to the meeting of the Planning Commission or City Council meeting at which the request will be heard at a public hearing. 1. Complete application for specific request and pay fee. 2. Complete survey and site plans (including measurements), showing building, driveways, curb cuts, ingress, egress, etc. on the property and in relation to adjacent sites. 3. Explanation of materials used, and plans for screening, landscaping, fencing and dumpster enclosures. 4. Drawings of completed buildings, if appropriate to the project, and materials used. 5. Storm water retention and drainage plans. The appropriate water shed district or water management organization are required to be notified of the project. 6. A letter explaining the reason for the variance or conditional use. In the letter, please describe that the undue hardship is and have all the questions from the previous side answered completely. An incomplete application-will.not be scheduled before the Planning Commission or City Council. I �� • `r DD R ;" ` w ' :S`DOCNo Insr" (CO RD NO 94) . (FILED.•73.69) �____- -___ _-la:___- -cOC-N O 4303334 OOC p 1705733 • . DOC b.S7/0e3 � :a 7 170 Q J -- • 1 _ (14) 51.07-w Z 1 Q 170 .6, 1 E.37 R'91 T LAS ONY S R., , J .............—...... H S ] (18) s 7 (17) — - I (5) 151 V) h VV N • Ie0.07 - , ., .. 71,01 (� CE N 7 e 7E (21) (20) - (22) 7 a.ol S i LA S qq ;c1E •'g ee]•50•E f e*.-,' Oo.DIV. .es P D WUUUV iq9 S � ji F Z�31 - e '" ...... ...........................� ;' /( .M),JTH ���' PQQ� ......................—......—. N y�T1�"�" �r tgt.07v le 7a03 (2� VO� • Gsas STUART J. BONNIWELL • Certified Public Accountant 7101 York Avenue South- Suite 50 Office: (612)921-3325 Minneapolis,MN 55435 Fax: (612)921-3331 The CFA.Never UidNesUmale The Ve4ie:' March 30, 1999 Honorable Mayor and Members of the Ci-ty Council City of St. Anthony, Minnesota The following comments are presented for your information and consideration based on the audit of the general purpose financial statements of the City of St. Anthony for the year ended December 31 , 1998. Financial Summary The financial condition of the City continues to remain strong. The City improved its overall financial stability for the year ended December 31 , 1998, as evidenced by the increase in fund balance of its operating funds, consisting of the General , Special Revenue, Debt Service, and Capital Project Funds. The overall increase in fund balance of these operating funds was approximately $406,000 for the year. The City continues the practice of transferring the surplus generated by the General Fund to Capital Project Funds to fund special projects and capital acquisitions. The operations of the City's enterprise funds (liquor and utility) also improved significantly during the year. This improvement was highlighted by the increased profitability of the liquor operations; net income (before transfers) of $195,676 in 1998 compared to $53,931 in 1997. The strong financial condition of the City is reflected by the bond rating received by the City from Moody's Investors Services. The comments offered by the City's bond consultant also supports this strong financial condition. Following is a brief summary of significant activities of these funds. General Fund Revenues exceeded expenditures by approximately $185,000 before transfers. Reve- nues of $3,045,000 exceeded budgeted estimates by $161 ,000, attributed to inter- governmental revenues (state police and street aids) and other revenues (franchise fees, insurance dividends, and reimbursements). Actual expenditures of $2,860,000 were less than budgeted estimates by $196,000, with favorable variances in expendi- tures in general government and public works. The surplus in the General Fund was achieved without the benefit of making budgeted transfers of $182,000; although anticipated, it was determined these transfers were not required and accordingly were not made. The City has approved transferring a portion of the surplus ($145,561 ) to Capital Project Funds and designated these funds for various capital improvements and acquisitions. Honorable Mayor and Members of the City Council City of St. Anthony, Minnesota • Financial Summary, continued Of the fund balance, $37,953 is reserved (unavailable for current expenditure) and the remaining balance of $711 ,294 has been designated by the Council . A major por- tion of the fund balance, $529, 160, has been designated for working capital purposes. This reserve provides financing of current operations until tax settlements and state . aids are received. This reserve also serves as a safeguard against potential revenue shortages or- unexpected expenditures which may occur throughout the year. The reserve for working capital represents approximately 15.73% of budgeted expenditures for 1999; this compares to 15.67% for 1998. Other designatations of the fund balance are: $115,634 for self-insurance and potential legal claims, $48,000 related to police unemployment and insurance; and $18,500 for other designations. Special Revenue Funds Each of these funds remain financially sound with sufficient fund balance reserves available to finance their respectively activities in 1999. The fund balance of -the General Reserve Fund of $163, 161 has been designated for revenue stabilization purposes (revenue shortages) in the General Fund. This amount will be utilized only if needed. Debt Service Funds Each of the debt service funds related to the City's street improvement program remained financially sound. The bond funds for 1997 and 1998 increased during the year largely from the collection (prepayment) of assessments received by the City. Existing fund balances combined with annual levy amounts, are sufficient to satisfy 1999 debt service requirements. These fund balances are reserved for debt service purposes and are not available for current expenditure purposes until the debt is retired. The debt service funds related to the Housing and Redevelopment Authority also have existing fund balances. Although debt related to the Kenzie project has been retired, the fund balance of $1 ,231 ,768 has been pledged to debt issued for construction of the community center. It is anticipated, based on current collec- tion of tax increment revenues continuing, sufficient revenues will be generated from each of the tax increment districts to satisfy current debt service require- ments for the remaining two outstanding bond issues. Capital Project Funds As previously noted, transfers of the surplus from General Fund operations have been made to the Revolving Improvement Fund. As a result, the fund balance of this fund has increased to approximately $1 , 118,200. This has permitted the City to internally finance minor improvement projects, capital acquisitions, or provide funding for other improvements and renovations with these available funds. Much of the fund balance of this fund has been designated by Council ; major designations are: $387,880 for capital equipment acquisitions; $455,323 for park and public works improvements; $175,000 for stormwater renovation projects; and $100,000 for budget/levy reserves. These amounts are tentative plans and may be redesignated by the Council . The other significant activity involves the Storm Water Improve- • ment Fund. Current activity included the acquisition of certain houses and start of construction of storm water storage areas. Funding is initially through a variety of federal , state and local grants and aids. Honorable Mayor and Members of the City Council . City of St. Anthony, Minnesota Financial Summary, continued Enterprise Funds Liquor Fund - Income from liquor operations increased to $195,676 for 1998, a 363% increase over the income for 1997. From this income, tranfers of $65,000 to the General Fund (budgeted) and $96,676 to the Revolving Improvement Fund for park improvements were made. Utility Fund - The Utility Fund maintained its strong financial position. Revenues generated were sufficient to meet current operating expenses. Internal Service Fund - Funding for the payment of accrued vacation and severance was maintained at $250,000. Funding of this liability has been limited due to the unlikelihood that this entire amount would be expended in one year for such payments. Special Revenue Funds - Budgets In 1997, management determined the activities of certain programs were significant enough to warrant presentation of these activities as separate funds. These funds have been classified as special revenue funds. According to generally accepted accounting principles operating budgets are required for all special revenue funds. Future budgets adopted by the City should include separate operating budgets for each of the special revenue funds. The current budget reflects only a budget for operations of the community center and the Housing and Redevelopment Authority. ' The accompanying financial statements include budgeted amounts for the other funds based on the level of funding received during the year to make the financial statements more readable. Park Improvements With the greater emphasis on park improvements and renovations, and funding of these projects, a recommendation would be for the City to create a Park Improvement Fund. Funding and expenditure for park improvements would be accounted for this fund and provide the City with a better method of tracking expenditures. Currently, $360,559 of the Revolving Improvement Fund has been designated for park improvements and renovations. These funds could be transferred to this fund when such a fund is established by the City. In this manner park related expenditures would be identified and accounted for in this fund rather than in several funds depending on the financing/funding of these expenditures. Liquor Inventroy System At year end an adjustment to liquor inventory was required to reflect the inventory balance per the valuation report provided by the liquor inventory system. Part of this problem was in the method of accounting for freight costs and the other related to adjustments of inventory based on physical counts and corrections. In both of these areas, adjustments to the accounting and reporting systems were recommended and these procedures already have been adopted for the current year. Honorable Mayor and Members of the City Council City of St. Anthony, Minnesota Liquor Inventroy System, continued In addition, to further improve the accuracy of the inventory valuation reports and reconciliation of inventory to general ledger accounting records, -a recom- mendation that purchases be reconciled between the inventory system and the sup- porting accounting records was made. Again, this recommendation was supported by the liquor manager, who already has instituted this recommendation. Based on discussions with the manager, it was determined a reconciliation will be per- formed quarterly, or perhaps more frequently if required. Prior Year Recommendations Recommendations presented in the prior, year's letter were all addressed by mange- ment during the year. These comments are presented for your consideration and are intended to enhance the performance of City management in fulfilling its duties and responsibilities. This report is intended solely for the information and use of the City Council , management and others within the organization. Recommendations are intended to improve or strenghthen financial management and administration. If the Council wishes, I would be pleased to meet and discuss any of the observa- tions, comments, or recommendations mentioned or other matters pertaining to the audit with the Council or management at your convenience. If the City desires, I am available to assist with the implementation of any of the recommendations. I wish to express my appreciation for the courtesies and cooperation extended by the City Manager, Finance Director and City personnel during the engagement. 9-472-�� Stuart J. Bonniwell Certified Public Accountant MEMORANDUM DATE: May 18, 1998 TO: Mike Mornson, City Manager FROM: Roger Larson, Finance Director :ITEM: LEAGUE OF MN CITIES INSURANCE RENEWAL Mr. Mark Flaten of Berkley Risk Services will be present at the May 25, 1999, Council Meeting to discuss and finalize insurance coverage for June 1, 1999 - May 31, 2000. The attached information includes price quotations for property, auto, general liability, workers' compensation and liquor liability. The cost for maintaining our present coverage of $10,000 deductible and $50,000 aggregate totals $163,086. This amount represents an increase in premiums of $29,569,which is primarily due to increases in automobile, general liability and workers' compensation premiums., As in previous years, no other insurance companies chose to compete with.-the League of Minnesota Cities Insurance Trust. Last years coverage is primarily duplicated,, however, the League made enhancements to the policy, which improved coverage concerning Y2K issues. Workers' compensation costs continue to be a concern for all Minnesota businesses. The increase in the work-comp premium is due to an increase in St. Anthony's experience modification because of three major workers compensation claims in 1997/1998:`': To help rehabilitate employees in a timely manner, St. Anthony adopted a Managed Care Plan where employees who are injured on the job are assigned to a specific clinic for rehabilitation of their injury. This results in a 5% reduction in workers' comp premiums and assists the employee with developing a medical plan and treatment schedule. Three company's bid on the liquor liability coverage. This proved to beneficial because it creates a competitive bidding environment between vendors.. Since the cost for coverage from these three carriers is very close in price, it is in the best interest of City to maintain coverage through the incumbent carrier Lexington (they are familiar with our operations and are in the process of handling a major liquor liability claim). Recommendation: Staff recommends approval of the following insurance coverage totaling $163,086 for the upcoming year (Includes $10,000 Deductible Per Occurrence/$50,000 Aggregate): 1) Council approve the League of Minnesota Cities insurance proposal for the following: A. Property $ 5,994 B. Inland Marine $ 1,621 C. Boiler/Machinery $ 1,519 D. Blanket Bond/Fidelity $ 790 E. Automobile $16,011 F. General Liability $44,201 G. Open Meeting Law $ 983 H. Y2K Expanded Coverage $ 2,362 2) Council approve workers' compensation coverage totaling $60,618 which includes an Employee Managed Care Plan. 3) Council approve Lexington Insurance Company as the City's On-Sale/Off- +; Sale liquor liability carrier-at a cost of$24,214 4) Council approve Accident Plan Coverage for Volunteers at a cost of$ 773 5) Council approve.agent fees totaling $4,000. Insurance Renewal: Increase 1998/99 1999/00 (Decrease Property $ 59279 $ 59994 $ 715 Inland Marine $ 19400 $ 19621 $ 221 Boiler/Machinery $ 19529 $ 1,519 ($ 10) Fidelity $ 746 $ 790 $ 44 Automobile $ 149150 $ 16,011 $ 19861 General/Liability $ 41,026 $ 44,201 $ 39175 i Open Meeting Law $ 912 $ 983 $ 71 Petro Fund $ 19238 $ - 0 - ($ 19238) Y2K - Expanded $ - 0 - $ 29362 $ 2,362 optional Workers' Comp $ 38,195 $ 609618 $ 229423 Liquor Liability $ 24,269 $ 24,214 ($ 55) Volunteers $ 773 $ 773 $ - 0 - Agent Fees $ 49000 $ 49000 $ - 0 - Total $1339517 $1639086 $299569 City of St.Anthony 5/17/99 I I Liquor Liability 122$ 1212 Sunrise Sunrise Sunrise Carrier Uzil an Lexington First Specialty 'Mount Vemon Carrier Rating A++(XII) A++(XV) A++(XV) Limits of Liability 1,000,000 1,000,000 1,000,000 1,000,000 Location SALES 2700 Hwy N8(On Sale) 632,000 775,000 16,144 . 14,438 18,814 2700 Hwy N8(Off Sale)SAV 1 1,715,000 1,800,000 3,480 4,018 3,870 2504 38th Ave NE(Off Sale) 1,650,000 1,800,000 4,590 3,847 4,050 24,214 22,303 26,734 Lexington Limits and aggregates are per location First Specialty Limits and aggregates are per location Mount Vernon Limits and aggregates are per location . Prepared By: Berkley Ri inistrators Company, LLC A Member of the Berk Management Group St.Anthon9T'f Summary bBerWey Insurance Services May 19, 1999 Roger Larson City of St. Anthony 3301 Silver Lake Road St.Anthony MN 55418 RE: Year 2000 (Y2K) Dear Roger: The League of Minnesota Cities Insurance Trust(LMCIT)is providing on renewal, limited (Basic)coverage for the Year 2000(Y2K)exposure. The Basic coverage limits are: $5,000 for Extra Expense(Business Interruption),and$25,000 per occurrence/aggregate for General Liability. The LMCIT is offering Expanded coverage for Cities meeting specific criteria. This . Expanded coverage increases the limits to: $25,000 for Extra Expense(Business Interruption) and$750,000 per occurrence/aggregate for General Liability. The cost of this expanded coverage is expected to be$2,363. The LMCIT Underwriting Manager is currently reviewing your application and supporting documentation. We will continue to work with you and the LMCIT to ensure that this process continues to move forward with an ultimate goal of obtaining the Expanded coverage from the LMCIT via an endorsement to the Covenant written from June 1, 1999 to June 1,2000. ncerely, Mark T. Flaten Vice President A Division of Berkley Risk Services,uc 920 Second Avenue South,Suite 700•Minneapolis,Minnesota 55402-4023• (612)376-4200•Fax:(612)3764299 bBerldey Risk Services May 17, 1999 Mr. Roger Larson; Finance Director City of St.Anthony 3301 Silver Lake Road St. Anthony,MN 55418 RE: Risk Management Consulting Service Dear Roger: This letter is a follow up to your meeting with Bill Kloepfer last week. It has become apparent there could be a conflict of interest in having Berkley Risk . . Administrators Company, LLC (BRAC) provide Risk Management Consulting services to the City, as it relates'to the League of Minnesota Cities Insurance Trust (LMCIT). As you know, BRAC also provides administrative services to the LMCIT, including rating, underwriting, loss control, and claims adjusting. I can assure you that we have been objective in dealing with the LMCIT's program, however, given even the perception of a conflict requires us take appropriate action. In order to alleviate the risk management consulting vacuum, which will be created by not having BRAC involved, we have had discussions with an independent consultant who could provide these services to you. The individual is Dan Peterson with Larson, Allen, Weisheir who has several other cities as clients. We would be pleased to meet with you and Dan to discuss your needs and his expertise. As I evaluate the situation,there are three options you could undertake. They are: 1. Retain Dan Peterson for risk management; 2. Retain a different consultant for risk management through the RFP process; or 3. Forego consulting services in its entirety. Over the past years, I have enjoyed working with the City of St. Anthony and your various staffs. As a result of our involvement, I believe the City has saved significant monies in your risk management program. Berkley Risk Services,u.c 920 Second Avenue South,Suite 700•Minneapolis,Minnesota 55402423• (612)376-4200•Fax:(612)376-4299 Mr.Roger Larson, Finance Director Risk Management Consulting Service Page 2 • We welcome the opportunity to meet with you and others to discuss this matter further. In the meantime,'we stand committed to assist*you and the City any way we can. Best regards. S cerely, Mark T. Flaten Vice President (612)376-4252 mflaten @berkleyrisk com cc: Ken Hopkins—Berkley Risk Administrators Company, LLC Bill Kloepfer—Berkley Risk Administrators Company, LLC STAFF REPORT j*To: Michael Mornson, City Manager From: Kim Moore-Sykes, Management Assistant / Date: May 17, 1999 Subject: Grants I spoke with both Geraline Barone, Assistant City Manager and Ron Rankin, Director of Community Development for the City of Minnetonka about the pilot project that was funded partly by monies from the Livable Communities Funds (as part of Affordable and Life-cycle Housing Opportunities,ALHOA). This granting mechanism was set up as part of the Livable Communities Act (LCA) as established by Minnesota Statutes Section 473.121 Ms. Barone indicated that the City of Minnetonka qualified for the Livable Communities Demonstration Account funds because at the time the City did not meet the livable communities affordability benchmarks that were established by the Metropolitan Council as part of the Livable Communities Act. She also indicated that it was her understanding that in order to receive the money,the City had to agree to a low to moderate income housing • component as part of this project. Ms. Barone advised that I speak with Mr. Rankin as he was directly involved with the pilot project. I then called Mr. Rankin. He had indicated that he had spoken to Ms.Roadf eldt last Tuesday, May 11`x' about Minnetonka's pilot project. He also reported that he had gotten the impression that Ms. Roadfeldt was a councilmember. Mr.Rankin confirmed that the City of Minnetonka received $770,000 from the Livable Communities Demonstration funds to redevelop a mixed use area at 394 and Co.Rd. 37, but as a requirement of that grant,the City had to also agree to a housing component. The final Plans of the project included 400 affordable housing units, a low-income senior apartment building, six Holman units, mixed income townhomes, a retail area, a park and landscaping. In researching eligibility requirements for LCA Funds, I found and copied a portion of the Affordable and Life-Cycle Housing Goals for 1996,which showed benchmarks for Metro- area cities. As you can see St. Anthony met and continues to maintain benchmarks established in 1996 when LCA was first implemented. Minnetonka, on the other hand, does not come close to meeting its affordability benchmarks or goals. As a result, the City of Minnetonka became eligible for LCA and ALHOA funds. I have also contacted the League of Minnesota Cities and asked them to send me whatever information they have regarding grants that cities can avail themselves of. Lynn Stafford indicated that most granting information is on the InterNet (copies of which are attached). a She said that they have a grant researcher that comes in every other week to update the files and she will have him send me those updates. Ms. Stafford reported that most cities are using TIF for most economic redevelopment projects because, at this point, it is easier to use. Grants are becoming scarce and those that are still available are very competitive. Jill Bishop, Economic Development Specialist for the City of New Brighton, said basically the same thing. She indicated that grants are very competitive, especially since many communities from Greater Minnesota are competing with Metro area cities for the same money. She said that a city may have needs but unless they have a qualifying project, it is very difficult to win grants. Ms. Bishop indicated that New Brighton uses TIF for the majority of their projects and usually only applies for grants when they can fill any gaps in funding or can help alleviate a problem with a particular site, e.g. brownfields. Ms. Bishop also indicated that New Brighton is rarely awarded a grant. Ms. Bishop and other city staff have reported that once a grant is awarded,the work only just begins. She reported that often the grants require a 50% matching from cities; that there are "soft costs" associated with administering the grants; there is an investment of staff time to prepare oversight reports to the granting authority;that grants never cover the whole project so there is more time spent in obtaining other funds to fill in; and if the grant is for additional personnel,what happens when the grants expire? The city is then put in a position of having to either fire the extra personnel or use city funds to retain the employees. Another aspect of winning grant funding, especially for the Livable Communities funding, the local government becomes a partner in the planning and loses some autonomy and control in the planning and decision making process associated with the proposed project. • The attached is information on the various redevelopment grants available to cities. Many have a matching requirement and the economic development grants are usually income sensitive to the population they are intended to serve. The City has applied for grants for various projects and equipment. The most recent grant application that was submitted to CTV was for$2,600 for audio equipment in the Great Hall. We received the check last week and it will only slightly offset the total cost of this system. Staff and Council worked together on securing grants and other funding from the Federal government, the State and Ramsey and Hennepin counties for the City's multimillion-dollar flood mitigation project. The City also receives recycling grants available through both Hennepin and Ramsey counties that offsets the costs of the City's recycling programs and recycling efforts. There are also grants that were applied for and that we did not get. On December 15, 1997 I submitted an application to the Department of Natural Resources for a grant that would have provided needed funds for the redevelopment of Central Park. Our application was not approved and the City did not receive a grant for this project. And mostly, as the letter from Hennepin County indicates, the City of St. Anthony is just not eligible for grants. St.Anthony CITY INDEX.. BENCHMARK GOAL, Affordability Ownership 77% 77-87% 77-87% Rental 45% 45-500/6 45-500/a Life Cyck Type(Non-single family 490/6' 33-41% 33-41% detached) Owner/renter Mix 61/390/a (64-75)/ 64-75/ 25-36)% 25-36% Density Single-Family Detached 3.2/acre 2.3-2.9/acre 2.3-3.2/acre Multifamily 16/acre 13-15/acre 13-16/atre SL Francis CITY INDEX:'<' .'.::BEN Affordability Ownership 980/0 63-900/a 63-90% [Rental 51% 38-53% 38-53% Life Cycle Type(Non-single family 300/0 947% 9-17% detached) Owner/renter Mix 68/32% 85-94% 85/15-9416% 6-15%% Density Single-Family Detached 0.8/acre 0.8-1.21acre 0.8-1.2/acre Multifamily 10.8/acre 9.0-18.0/acre 9.0-18/acre St.Louis Park CITY INDEX: • BEN CHMARK• ".GOAL Affordability Ownership 820/0 60-77% 76-79% Rental 38% 3741% 37-41% . We Cycle Type(Non-single family 44% 3741% 4447% detached) Owner/renter Mix 63/37% (647)/ 63/37% (33-36)%% Density Single-Fancily Detached 3.8/acre 1.8-2.9/acre 3.g/wm Multifamily I8/acre 14-15/acre 18-20/acre Stillwater CITY INDEX BENCHMARK ..GOAL.. Affordability Ownership 74% 74-85% Remain within range Rental 61% 52-680/c Remain within range We Cycle Type(Non-single family 28% 29-36% Remain within range detached) Owner/renter Mix 72/280/a (68-77)-/. Remain within range (23-32)% Density Single-Family Detached 2.6/acre 2.2-2.5/acre Remain within range Multifamily I5/acre 13-14/acre Remain within range 24 1 Minneapolis CITY INDEX BENCHMARK GOAL Affordability Ownership 880/0 NA% 83% Rental 67% NA% 60% Lice Cyek Type(Non-single family 56% NA% 560/6 detached) Ownerh=ter Mix 45/55% NA% 54/460/6 Density Single-Family Detached 6.2/acre NA/acre 6.2/acre Multifamily 20/acre NA/acre 20/acre Minnetonka CITY I1mEX.,;::�.::i. ;: :. BENCHMARK Affordability Ownership 47% 60-69% 50%• Rental 17% 35-37% 60% Life Cycle Type(Non-single family 39% 35-37% 600/a detached) Owner/renter Mix 7426% (67-75-(25-33)0/o 64/35% Density Single-Family Detached 1.8/acre 1.8-1.9/acre 1.8/acre Multifamily 11/acre 10-14/um 11/acre •Goal for new owner-occupied multifamily units. Minnetrista 'CITY INDEX::.. SENCHA ARK GOAL- Affordability Ownership 33% 60-69% 40% Rental 32% 35-37% 34% We Cycle Type(Non-single family 4% 35-37% 11% ' detached) Owner/renter Mix 94/6% (67-75)/ 94160/9 (25-33)% Density Single-Family Detached 0.8/acre 1.8-1.9/acre 2.18/acre Multifamily 5.8/acre 10-14/acre 64V=c Mounds View .CITY INDEX,:.: :` BENCHMARK Affordability Ownership 890/0 69-87% Maintain within benchmark Rental 54% 35-590/9 Maintain within benchmark Life Cycle Type(Non-single family 43% 33-35% Maintain within detached) benchmark Owner/renter Mix 67/33% (75)/(25)% Maintain within benchmark Density Single-Family Detached 2.3/acre 1.9-2.3/acre Maintain within benchmark Multifamily 12/acre 10-13/acre Maintain within benchmark 16 MAY-12-99 WED 9: 10 AM CITY, OF, NEON, BR I GHTONM FAX NO, 6126382044 P. 2 ,,.,.r... ... .. . Financial resources • BUSINESS FINANCE AND INCENTIVES Resource Phone Numbers FEDERAL, PROGRAMS Small Business Assistance Programs SBA 504 Program 1 St. Paul Metro East Development. Corp. (651)22541900 SBA 7A Program I Administered through various Metro East area banks(Specific banks&phone numbers can be obtained by calling the MEDP office at 661!224-EAST) US Small Business Administration N� Minneapolis, MN /(612)370-2324 Guarantees loans made by private lenders to new and existing businesses. Rural Development St, Paul, MN I(651)290-3842 /j Provides loan guarantees to businesses In rural areas of 50,000 or less. National Institute of Standards and Technology(NIST) . Gaithersburg, MD/(800)ATP-FUND Funds for advanced technologies with potential for improving the U.S. Small Business innovation Research NF Minneapolis, MN (812)338-3280 Federal research and development grants up to$750,000 Bureau of Indian Affairs B/F- Minneapolis, MN/(612)373-1000 `" Financial and technical assistance to American indian-owned businesses. STATE PROGRAMS Department of Trade and Economic Development(DTED) Financial assistance to business development projects that enhance the local tax base, create jobs, or retain jobs. St. Paul, MN/(651)297-1291 NF The Capital Access Program Limited guarantees to private lenders for loans made to small and medium-sized businesses for start-up or expansion costs. The Minnesota Job Skills Partnership Board N>E Grants for cooperative education and training projects MAY-12-99 WED 9: 10 AM C I TT OF, KEW. BR I GHTONM FAX NO'. 6126382044111x,,,„ -, . -P. 3 Financiairesources between Minnesota businesses and educational institutions.The Board acts as a catalyst to bring employers • with specific education and training needs together with educational institutions that can design programs to meet those needs. The Minnesota Investment Fund Grants es dvelnt o elupublic ke loans fo buns eopmeprctsorfnance Improvements that support business development projects. The Tourism Loan Program Low-interest loans to existing resorts, motets, hotels,bed and breakfast inns, campgrounds, lodges and other tourism-related businesses to upgrade or develop new. facilities. The Rural Challenge Grant Program t Grants to the six Minnesota initiative Funds that provide /V� loans to new or expanding businesses to stimulate job creation, private investment and economic growth in the 80 counties outside the Twin Cities area. The Urban initiative Program Matching grants to non-profit organizations,who make f� low-interest loans to businesses located In distressed areas. The small Business Development Loan Program Loans to industrial, ,manufacturing or agricultural processing businesses for land acquisition, building construction or renovation, machinery and equipment. Projects must enhance the local tax base and create or retain jobs. Minnesota Export Finance Authority assists with the financing of small business exports through four programs: The Export Loan Guarantee Program provides transaction-based loan guarantees of up to 90 percent of bank loans between$25,000 and$250,000. The Receivable insurance Program programs coverage to exporters against nonpayment of overseas open-account sales Agency ai program helps businesses access various federal agencies International development banks banks that have financing and procurement opportunities The Counseling and Training program provides . assistance with: Individual assessment, problem resolution and training on financing-related issues. MAY-12-99 WED 9: 11 AM CITY. OF. NEW. BRIGHTONM FAX NO. 6126382044 P. 4 Financial resources Small Business Assistance Office,DTED • Produces the publication,"Incorporation and Operating a MN Business Corporstlon,"which provides a working guide for corporate shareholders, directors and officers encountering operational concerns which tend to arise during the life of a corporation.The guide acts as a "snapshot'of the Immense literature on corporate law and rovides the reader with a basic understanding of many of fhe issues confronting Minnesota business corporations today. To obtain a copy, please contact DTED's Publications Ordering Line at 612)296-3871. Produces the publication,beared�owia dtentrepreneursand Business In Minnesota",which g small businesses. it covers all aspects of starting scontact business in Minnesota.To obtain a copy, p DTED's Publications Ordering Line at(612)296-3871. Minnesota Job Skills Partnership rr St. Paul, MN/(661)296-0388 L Funding for cooperative education and training projects assisting Minnesota businesses. Seed Capital Fund . J= St. Paul, MN/(651)338-7722 Equity financing for start-up and expanding business. Minnesota Trade Office Minneapolis, MN/(612)297-4222 Guaranteed loan program and technical assistance to exporters unable to secure other Capital. Minnesota Office of Environmental Assistance St. Paul, MN/(651)296-3417 • Funding for projects which Improve markets for recyclable materials in MN. Minnesota Project innovation,Inc. A' Minneapolis, MN 1(612)338-3280 'i Helps businesses secure federal research and development funding. Agricultural Utilization Research Institute(AURI) . � Crookston, MN 1(218)281-7600 Funding for development ag-based products and natural resource businesses. Natural Resources Research Institute 1J r: Duluth, MN/(218)7204298 MAY-12-99 WED 9: 11 AM CITY. OP. NEWAR I GHTONM PAX NO. 6126382044 „P. 5 Financial resources Grants for research on new products, processing and natural resources. Indian Affairs Council r Bemidji, MN 1(218)755-3825 Financing for start-ups and existing businesses owned by American Indians. . COUNTY PROGRAMS Ramsey County Community and Economic Development Program 0 St.'Paul, MN/(651)266-8006 Business loans In Ramsey County which promote economic development. Washington County HRA • St. Paul Park, MN/(651)458-0936 Grants for small city development and economic recovery projects. Dakota County Workforce Council West St. Paul, MN/(651)450-2622 ' Loans and grants for specialized job training. LOCAL. PROGRAMS Port Authority of the City of St. Paul St. Paul, MN/(651)224-5886 ;N F. Industrial Business Parks,Industrial Small Business Loans and technical assistance which promotes economic development. Tax increment Financing (TIF) Available In numerous communities and administered through cities. (Specific communities and phone numbers can be obtained by calling the MEDP office, (651) 224-EAST). PRIVATE PROGRAMS Milestone Growth Fund,Inc. ;� . Minneapolis, MN/(612)338-0090 Loans and equity Investments to minority owned businesses. Women Venture St. Paul, MN/(651)648-3808 MAY-12-99 WED 9: 11 AM CITY, OF, NEW. BR I GHTONM FAX NO, 6126382044 I«y„V,�,„�,,,,,,r,,,,P.,, 6_ Financial resources Loans up to$25,000 for women,men,and minority-owned businesses. Northcountry Cooperative Development Fund NMinneapolis, MN 1(612)331-9103 Member owned financing cooperative with funding for other cooperatives. Minnesota cooperation Office uE Bloomington, MN I(612)830-1230 Management consulting regarding markets,management,and financing. Saint Paul Progress St. Paul, MN 1(651)224-EAST Low risk gap financing for manufacturing companies. St. PaullMetro East Development Corporation(SPEDCO) St. Paul, MN 1(651)225-4900 Helps small businesses obtain financing for job creation, business expansions, and promotes economic development in the Metro East area. Uses the SSA 504 Loan Program, . $50,000 to$760,000 in$1,000 increments LOCAL Minnesota Exxport F n nce A l PROGRAMS u hority(MEFA) a non-bureaucratic gateway to government export finance programs has helped wood product, electronics, food, and other small manufacturers develop export markets - has four types.of assistance. working capital loan guarantee-provides transaction-based loan guarantees of up to 90%of bank loans between$25,000 and$250,000 receivable insurance-assists exporters in obtaining coverage against nonpayment of overseas open-account sales agency liaison-helps businesses access various federal agencies and international development banks that have financing and procurement opportunities counseling and training-provide individual assessment, problem resolution and training on financing issues. MEFA Is authorized to guarantee up to$3.5 million in loans at any given time. . Other resource numbers for export assistance: Minnesota Export Finance Authority(MEFA) 1000 World Trade Center 30 East 7th St. St. Paul, MN 55101-1902 FAX(651)296-3555 SS E.SEVENM PLACE,SUM 100 SAINT PAUL.MN SSIOI.2887 6Si-223-3000 FAX:651.223.3002 SPRINGSTED Public Pinang Advisors May 14, 1999 Mr. Warren J. Rolek, Superintendent St. Anthony-New Brighten Schools 3303-a3l Avenue N.E. Minneapolis, MN 55418 Mr. Michael J. Morrison, City Manager Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Re: Tax Impact Study Dear Mr. Rolek and Mr. Momson: • Based on our recent discussion, we are providing you with a proposed work plan for a tax Impact study for the St. Anthony-New Brighten Schools and Saint Anthony Village. Using this work plan as an outline, we propose a cooperative effort with you In developing a tax impact study that will benefit the School District and the City. The objective of this study is to review and analyze the tax impact of the School District and/or the City purchasing property currently owned by the Salvation Army. It is anticipated the project will be provided in two phases. in the first phase of the impact study we will review the capacity of each entity to finance the project and the impact of such financing. The second phase of the study will Identify alternatives for the usage of the property and outline the Impacts of such uses. The scope of this work will be limited to the first phase of the proposed work plan subject to further direction from the School District and City to continue further analysis as outlined in Phase Two. We look forward to assisting you in this project Thank you for your consideration. NA rely, L Robe Istle John M. Maas, Senior Vice President Senior Vice President Client Representative • Copy: Mr. David L Wettergren, Consultant, Management Services Ms. Susan Mershon, Project Manager, Management Services SAINT PAUL.MN M NNC?OOUS,MN , BROOD,M OvERLANDPAM,K$ • WA99NGTON,DC DES MQN%,IA ST. ANTHONY-NEW BRIGHTEN SCHOOLS SAINT ANTHONY VILLAGE Tax Impact Study Work Plan Objective The obJec:tive of the first phase of this study is to develop an analysis that outlines the impacts on the School District and City to acquire property currently for sale by the Salvation Army. A second phase of the study Is to identity and outline options for use and development of the property by the School District and City. Tasks Phase One • Obtain and review relevant information to be included in study. • Review current debt levels and debt capacities for each jurisdiction. • Identify and outline financing options available to each jurisdiction for purchase of the Salvation Army property; options would include three to four levels of acquisition costs. • Analyze potential debt and levy requirements for financing for each option. • Illustrate the tax Impacts that the identified capital investment and financing has on each of the participating jurisdictions and their citizens. Phase Two • Identify options for potential use of all or a portion acquired property. • Recreation Facility • School Facility • Development • Analyze Impacts associated with use altematives. Outcomes • Prepare a draft tax Impact analysis, Phase One, for the School District's and City's review . and comment. • Incorporate the School District and City's comments into the plan.. • Present Phase One final report. • Continue with Phase Two as directed. t�roaosar.doc St. Anthony-New Brighten School District/Saint Anthony Village Tax Impact Study Page 2 Compensation We propose to bill on an hourly basis; however, our fee for services to complete Phase 1 of the • stuffy, exclusive of any out-of pocket expenses such as travel and copying, will not exceed $3,150, without prior written authorization of the School District and City. The anticipated date for completion of the first phase of the work is May 31st Phase 2 of the study will be billed on an hourly basis with the estimated cost to be discussed Our standard hourly fee table and estimated time schedule are shown below. Estimated Time and Cost City Capital Financing Analysis Time Title Rate (Hrs.) Cost Review Principal $150 1 $ 150 Client Representative $125 4 $500 Project Manager $ 115 20 $2,300 Support Staff $ 40 5 $- 200 Total $3,150 • • lor000s,,al.doc CITY OF ST. ANTHONY RESOLUTION 99-041 A RESOLUTION APPROVING SPRINGSTED TO PERFORM A T TAX IMPACT STUDY WHEREAS, the St. Anthony City Council desires a tax impact study to be done which will review and analyze the tax impact of the School District and/or the City purchasing property owned by the Salvation Army within the City of St. Anthony; and WHEREAS, the financial advisory firm of Springsted has submitted a proposed work plan for said study. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves Springsted to develop a tax impact study relating to the possible purchase, by . the City and Independent School District #282, of the Salvation Army Camp site on behalf of the City of St. Anthony. Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager �. � Hennepin County An Equal Opportunity Employer May 6, 1999 Mr. Michael Mornson City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Ms. Mornson: Accompanying for your review and execution is the Urban Hennepin County Joint Cooperation Agreement for FY 2000—2002. The agreement sets forth broad shared powers for carrying out housing and community development activities. The U.S. Department of Housing and Urban Development(HUD) requires the agreement in order for Hennepin County to qualify as an urban county and be the recipient of Community Development Block Grant(CDBG)and the HOME Investment Partnership Program(HOME) entitlement funds. A draft gray-line-copy of the agreement is enclosed,which details all revisions to the current agreement. There were two significant changes. One is to increase the threshold for participation in the Consolidated Pool from $50,000 to$75,000. The second is to add a clause to Section VI that gives cities that reach metropolitan city entitlement status before July 16, 1999 the choice of opting out of the program or to defer their status and stay in the county program. Under the Hennepin County agreement,any city with metropolitan city status will receive funding using the HUD entitlement formula or the county formula,whichever is greater. As a community participating the Urban Hennepin County program, your city would not be eligible in FY 2000—2002 to apply for grants under the small cities or state CDBG programs. Your community will automatically participate in the Hennepin County HOME program and will not be eligible to receive HOME funds through the state or other consortiums. Your city is considered a split place by HUD because a portion of the city's population is outside of Hennepin County. By executing this agreement the entire city population will be included in the urban county program. Please execute the city signature page of agreement to indicate your continued participation in the Urban County Program. Return only an original copy of the city signature page with the city seal and a copy of the authorizing resolution by NNE 30, 1999. • Office Of Planning &Development Development Planning Unit Recycled Paper 10709 Wayzata Boulevard,Suite 260 Minnetonka,Minnesota 55305 . . (612) 541-7080 FAX:(612) 541-7090 TDD[M:(612) 541-7981 Mr. Michael Morrison May 6, 1999 • Page 2 A sample council resolution is enclosed. A copy of the county signature page will be provided after execution by the county. Please contact Mark Hendrickson at 541-7084 if you have any questions about the agreement or the Urban.County Program. I look forward to continuing our cooperative efforts in addressing suburban Hennepin County housing and community development needs. Sincerely, Gary L. unningh Director Enclosures: Cooperation Agreement Draft gray-line agreement Sample resolution i i A 1 Contract No. A18637 JOINT COOPERATION AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of Minnesota,hereinafter referred to as "COUNTY,"A-2400 Government Center,Minneapolis,Minnesota, 55487, and the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT," said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH: COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that COOPERATING UNIT shares its authority to cant'out essential community development and housing activities with COUNTY.in order to permit COUNTY to secure and administer Community Development Block Grant and HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and, therefore, in consideration of the mutual covenants and promises contained in this Agreement,the parties mutually agree to the following terms and conditions. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it: • 1. May apply not also a 1 for grants under the State CDBG Program from appropriations for fiscal years during which it is participating in the Urban County Program; and 2. May not participate in a HOME Consortium except through the Urban County. I. DEFINITIONS The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated herein by reference and made a part hereof,and the terms defined in this section have the meanings given them: A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C. 5301 et seq.). B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of Housing and Urban Development. D. "Cooperating Unit" means any city or town in Hennepin County that has entered into a cooperation agreement that is identical to this Agreement,as well as Hennepin County,which is a party to each Agreement. E. "Consolidated Plan" means the document bearing that title or similarly required statements or documents submitted to HUD for authorization to expend the annual grant amount and which is 1 developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community Development Block Grant Program. • F. "Metropolitan City"means any city located in whole or in part in Hennepin County which is certified by HUD to have a population of 50,000 or more people. H. PURPOSE The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to undertake, or assist in undertaking, community renewal. and lower income housing assistance activities, specifically urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside within the corporate -limits of the COOPERATING UNIT which will be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal Years 2000,2001 and 2002 and from any program income generated from the expenditure of such funds. III. AGREEMENT The term of this Agreement is for a period commencing on October 1, 1999 and terminating no sooner than the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2002, as authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the County for such period. COUNTY may notify COOPERATING UNIT prior to the end of the Urban County qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either party. Either COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end of the Urban County qualification period. If COUNTY or COOPERATING UNIT fail to exercise that option,it • will not have the opportunity to exercise that option until the end of a subsequent Urban County qualification period. COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date specified by HUD. This Agreement must be amended by written agreement of all parties to incorporate any changes necessary to meet the requirements for cooperation agreements set forth in the Urban County'Qualification Notice applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG and HOME funds allocated for use in COOPERATING UNIT's jurisdiction. Notwithstanding any other provision of this Agreement,this Agreement may be terminated at the end of the program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act. This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY pursuant to authority granted them by their respective governing bodies,and a copy of the authorizing resolution and executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Office of Planning and Development, and in no event shall the Agreement be filed later than June 30, 1999. COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; and other applicable laws. 2 IV. ACTIVITIES • COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out within the terms of this Agreement certain projects involving one or more of the essential activities eligible for funding under the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated Plan,pursuant to 24 CFR Part 91. COOPERATING UNIT further specifically agrees as follows: A. COOPERATING UNIT will in accord with a COUNTY-established schedule prepare and provide to COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated Plan. B. COOPERATING UNIT acknowledges that,pursuant to 24 CFR§570.501 (b), it is subject to the same requirements applicable to subrecipients,including the requirement for a written Subrecipient Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation requirements for each activity funded pursuant to this Agreement and shall be duly, executed with and in a form prescribed by COUNTY. C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated . in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to this Agreement on behalf of COOPERATING UNIT. In such instances a written Third Party Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed by COUNTY. D. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this Agreement within Twenty-Four(24)months of the authorization by HUD to expend the basic grant amount. 1. Funds for all activities not implemented within Twenty-Four(24)months shall be transferred to a separate account for reallocation on a competitive basis. 2. Implementation period extensions may be granted upon request in cases where the authorized activity has been initiated and/or subject of a binding contract to proceed. E. COOPERATING UNIT will take actions necessary to assist in accomplishing the community development program and housing goals,as contained in the Urban Hennepin County Consolidated Plan. F. COOPERATING UNIT shall ensure that all programs and/or activities funded in part or in full by grant funds received pursuant to this Agreement shall be undertaken affirmatively with regard to fair housing, employment and business opportunities for minorities and women. It shall, in implementing all programs and/or activities funded by the basic grant amount comply, with all applicable Federal and Minnesota Laws, statutes,rules and regulations with regard to civil rights, affirmative action and equal employment opportunities and Administrative Rule issued by the COUNTY. 3 G. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction ' or that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from receiving CDBG funding for any activities. H. COOPERATING UNIT shall participate in the citizen participation process as established by COUNTY in compliance with the requirements of the Housing and Community Development Act of 1974,as amended. I. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or COUNTY to be ineligible. J. COOPERATING UNIT shall prepare,execute,and cause to be filed all documents protecting the interests of the parties hereto or any other party of interest as may be designated by the COUNTY. K. COOPERATING UNIT has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdiction. COUNTY further specifically agrees as follows: A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies,on an annual basis, all plans,statements and program documents necessary for receipt of a basic grant amount under the Act. B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services to COOPERATING UNIT in the preparation and submission of a request for funding. C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in fulfilling its responsibility to HUD for accomplishment of the community development program and housing goals. D. COUNTY shall,upon official request by COOPERATING UNIT,agree to administer local housing rehabilitation grant programs funded pursuant to th e Agreement, provided that COUNTY shall receive Twelve percent (12%) of the allocation.by COOPERATING UNIT to the activity as reimbursement for costs associated with the administration of COOPERATING UNIT activity. E. COUNTY may, at its discretion and upon official request by'COOPERATING UNIT, agree to administer, for a possible fee, other programs and/or activities funded pursuant to this Agreement on behalf of COOPERATING UNIT. F. COUNTY may,as necessary for clarification and coordination of program administration,develop and implement Administrative.Rules consistent with the Act, Regulations, HUD administrative directives, and administrative requirements of COUNTY. 4 V. ALLOCATION OF BASIC GRANT AMOUNTS • Basic grant amounts received by the COUNTY under.Section 106 of the Act shall be allocated as follows: A. COUNTY shall retain Ten percent(10%) of the annual basic grant amount for the undertaking of eligible activities. B. The balance of the basic grant amount.shall be made available by COUNTY to COOPERATING UNITS in accordance with the formula stated in part C and the procedure stated in part.D of this section for the purpose of allowing the COOPERATING UNITS to submit funding requests. The allocation is for planning purposes only and is not a guarantee of funding. C. The COUNTY will calculate,for each COOPERATING UNIT,an amount that bears the same ratio to the balance of the basic grant amount as the average of the ratios between: 1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS. 2. The extent of poverty in .COOPERATING UNIT and the extent of poverty in all COOPERATING UNITS. 3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of overcrowded housing by units in all COOPERATING UNITS. 4. In determining the average of the above ratios,the ratio involving the extent of poverty shall be counted twice. D. Funds will be made available to communities utilizing the formula specified in C of this Section in the following manner: 1. COOPERATING UNIT qualifying as a Metropolitan City (having populations of at least 50,000)will receive annual funding allocations equal to the HUD formula entitlement or the COUNTY formula allocation,whichever is greater. 2. Other COOPERATING UNITS with COUNTY formula allocations of$75,000 or more will receive funding allocations in accordance with the formula allocations. 3. COOPERATING UNITS with COUNTY formula allocations of less than$75,000 will have their,funds consolidated in a pool for award in a manner determined by COUNTY. Only the COOPERATING UNITS, whose funding has been pooled, will be eligible to compete for these funds. E. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The.COUNTY assumes no duty to gather such data independently and assumes no liability for any errors in the data furnished by HUD. F. In the event COOPERATING UNIT does not request a funding allocation,or a portion thereof,the amount not requested shall be made available to other participating communities, in a manner determined by COUNTY. 5 VI. METROPOLITAN CITIES • Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban Hennepin County. This agreement can be voided if the COOPERATING UNIT is advised by HUD,prior to the completion of the re-qualification process for fiscal years 2000-2002, that it is eligible to.become a metropolitan city and the COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the COOPERATING UNIT's eligibility as a metropolitan city prior to July 16, 1999,the COOPERATING UNIT must remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification. VII. OPINION OF COUNSEL The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, specifically urba enewal a ubli ly-assisted housing. Assistant. n ttomey • 6 VIII. HENNEPIN COUNTY EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on 1999 ,and pursuant to such approval and the proper County official having signed this Agreement,the COUNTY agrees to be bound by the provisions herein set forth. - COUNTY OF HENNEPIN, STATE OF MINNESOTA By: -— Chair of its County Board And: Assistant/Deputy/County Administrator , Attest: Deputy/Clerk of the County Board ROVE AS O F RM: Assis o Attorney • Date: C APPROVED AS TO EXECUTION: Assistant County Attorney Date: r IX. COOPERATING UNIT EXECUTION • COOPERATING UNIT,having signed this Agreement,and the COOPERATING UNITS governing body having duly approved this Agreement on 1999,and pursuant to such approval and the proper city official having signed this Agreement, COOPERATING.UNIT agrees to be bound by the provisions of this Joint . Cooperation Agreement, contract A18637. CITY OF By: Its Mayor And: Its City Manager ATTEST: : CITY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Charter May 7,1999 ' 8 CITY OF ST. ANTHONY RESOLUTION 99-042 A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2000 - 2002 WHEREAS, the City of St. Anthony, Minnesota and the County of Hennepin have in effect a Joint cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Block Grant (CDBG) and HOME Investment partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. . NOW, THEREFORE, BE IT RESOLVED, that the current Joint Cooperation Agreement between the City and the County be terminated and a new joint Cooperation Agreement between the City and County be executed effective October 1, 1999 and that the Mayor and City Manager be authorized and directed to sign the Agreement on behalf of the City. Adopted this day of , 1999. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: . whereupon said resolution was declared duly passed and adopted. STAFF REPORT • To: Michael Mornson, City Manager From: Kim Moore-Sykes, Management Assistant Date: April 19, 1999 Subject: Proposed Parks Dedication Ordinance The attached proposed draft of a parks dedication ordinance for the City of St. Anthony. I called the cities of New Brighton and Arden Hills for information about their parks dedication ordinances. Both ordinances are very similar-to each other, both requiring a.10% dedication of land to the City for the purposes of providing land that will be developed into . parks. Both ordinances also allow for fees in lieu of land dedication. The only difference between the ordinances is that New Brighton does not require park dedication of the commercial district,whereas Arden Hills does. The proposed ordinance does not list any fees in lieu of dedication because they may be subject to change and therefore, can be established by resolution. CITY OF ST. ANTHONY ORDINANCE 1999-005 AN ORDINANCE RELATING TO PARKS,AMENDING CHAPTER 7, BY ADDING A SECTION 701 TO THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 701, Park Dedication, shall read in, its entirety, as follows: Section 701 - PARK DEDICATION 701.01 Definitions. 701.02 Park Land Dedication Requirements.' Subd. 1 Land Dedication. The Owners of a parcel of land of at least 1 acre in size and being subdivided shall dedicate to the City a reasonable portion of the land for use as public parks, playgrounds,trails or open space. Generally,the reasonable potion should not be less than 10%of the total land in the proposed subdivision. The City may determine the location and configuration of any land dedicated,taking into consideration the suitability of the land for its intended purpose and future needs of the community for park, playground, trail, or open space property. This subdivision shall apply to all new residential developments, and lot combination/redivisions meant to facilitate residential development. It shall not apply to lot combination/redivisions which do not increase the number of single-family residential lots, conversion of apartments to condominiums, or internal leasehold improvements. Subd. 2. Contribution in Lieu of Land. At the.City's option, the subdivider shall contribute an amount in cash, in lieu of all or a portion of the land required under subdivision as set by resolution of the St. Anthony City Council. Fees shall be based on the number and type of dwelling units the subdivision will accommodate. Subd. 3. Land Title. Prior to the dedication of the required property, the.subdivider shall provide the City with an acceptable title opinion or title insurance policy addressed to the City, which insures the title and the City's proposed interest in the property. In any dedication of required land, the subdivider must transfer good and marketable title to the City, free and clear of any mortgages, liens, encumbrances or assessments, except easements or minor imperfections of title acceptable to the City. If this land is not formally dedicated to the City with the final plat,the subdivider shall record all deeds for conveyance of the property to the City at the same time as the final plat or other appropriate division documents. Subd. 4. Land Acceptability. At the City's option,the following properties shall not be accepted for purposes of the owner's compliance with subdivisions 1. or 2. of this section: (1) Land dedicated or obtained as easements for storm water retention, drainage, roadway,and other utility purposes; (2) Land which is unusable or of limited use; and (3) Land that is protected wetlands/flood plain areas. Subd. 5. Cash Contributions. Cash contributions, for single-family residential development, will be due and payable at the time of final plat approval by the City. Cash contributions for multi-family residential development will be due and payable at the time of building permit issuance. The applicant will execute a document in a form satisfactory to the City Attorney which acknowledges the obligation to pay park dedication fees at the time building permits are secured. Such documents will be in recordable form and any fee charged in connection with the filing thereof shall be paid by the applicant. Cash contributions for single-family residential developments will be based on the number of new developments lots created and for multi-family residential developments will be based on the number of units included in the complex. Subd. 6. Park Fund. Any cash contribution received pursuant to Subd. 2 of this section, shall be placed in a separate City fund and used only for park, playground,trail, or opens space purposes. These fees shall be paid at the time as the issuance of the building permits. Where lot splits occur or subdivision of property with existing residential dwelling units already in place,no park dedication fee shall be required for existing dwelling units. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: May 25, 1999 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin CITY OF ST. ANTHONY . RESOLUTION 99-043 A RESOLUTION ESTABLISHING PARK DEDICATION FEES FOR THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony has adopted a Park Dedication Ordinance, Chapter 7, Section 701; and WHEREAS, the Park Dedication Ordinance requires that subdividers shall dedicate land for parks and/or shall make a cash contribution in lieu of contribution of land; and WHEREAS, the City Council after due deliberation has determined that park dedication fees can most fairly be assessed on a per unit basis depending upon the type of development and since -this will more closely account for the potential use of park facilities by the residents of such development; NOW THEREFORE BE IT RESOLVED, by the of St. Anthony City Council that the following shall be the fee schedule for contributions in lieu of land contributions: Tyne of Dwelling Single-Family Lot $750/unit Duplex Lot $650/unit Townhouse Development $500/unit Mobile Home $500/unit Multiple Family $350/unit Apartment or condominium Adopted this day of . 1999. Mayor ATTEST: City Clerk • Reviewed by Administration: City Manager STAFF REPORT *TO: Michael Morrison,City Manager From: Kim Moore-Sykes,Management Assistant Date: April 20, 1999 Subject: Proposed Right-of-Way Ordinance In 1996, President Clinton signed the Telecommunications Deregulation Act of 1996,which essentially eliminated some of the protections previously afforded to some telecom- munications providers and opened up the competition arena to anyone-who can provide telecommunications services. This deregulation consequently has caused increasing demands metro-wide for use of public rights-of-way, and that has resulted in more frequent construction and disruption of rights-of-way to meet this demand. The purpose of the proposed ordinance amendment is to give the City a uniform standard by which the use of all rights-of-way within the City's jurisdiction can be managed and regulated. This is especially important to St. Anthony because as one of the highest points in Hennepin iCounty,telecommunication providers have been interested in utilizing the community's public areas and rights-of-way to install equipment and other support facilities. The proposed amendment also provides the City with the ability to exercise its authority to recover actual costs associated with and incurred as the result of managing excavations and/or obstructions of a right-of-way. The proposed ordinance amendment is based on model ordinances as provided by Tom Creighton of Bernick and Lifson, P.A., and the League of Minnesota Cities (LMC) and conforms to the provisions of the telecommunications right-of-way legislation adopted into law as Minn. Session Laws, 1997,Chapter 123. I received the attached copy of the fee schedule document from LMC and is the culmination of work done by LMC and the City of Bloomington. This document shows how the costs were computed and the suggested fees. The City's proposed fee structure is based on the City of Bloomington's fee schedule. A draft of the City's right-of-way ordinance with the proposed fee schedule has been submitted to the City's attorney for his review and comment. The Public Works Director and Licensing Clerk have also received copies for their review. . CITY OF ST. ANTHONY ORDINANCE 1999-004 AN ORDINANCE RELATING TO MANAGING AND REGULATING PUBLIC RIGHT-OF-WAY IN THE PUBLIC INTEREST AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS BY ADDING A NEW SECTION 1165 TO THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1165 shall read in full as follows: Section 1165 -RIGHT-OF-WAY MANAGEMENT Section 1165.01. Findings and Purpose. Subd. 1. General. In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural integrity of its streets and the use of the rights-of-way,the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of-way,a primary cause for the early and-excessive deterioration of its rights-of- way is their frequent excavation by persons whose equipment is located therein. Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is located within the right-of-way are the primary cause of these frequent obstructions. The City holds the right-of-way within its geological boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the right-of-way. The City recognizes that some persons,-by placing their equipment in the right-of-way and charging the citizens of the City for goods and services delivered thereby,are using this public property for private gain and profit. The Minnesota Legislature has recognized that it is in the public's interests that the use and regulation of rights-of-way be carried on in a fair, efficient, competitively neutral, and substantially uniform matter, while recognizing. such regulation must reflect distinct engineering, construction, operation, maintenance, and public and worker safety requirements and standards applicable to various users.of rights-of-way.• Further, the Legislature has determined that because increasing numbers of persons may seek usage of rights-of-way,municipalities such as the City muse be and have been authorized to regulate . use of rights-of-way. Consistent with this mandate, the City has endeavored to crate competitively neutral right-of-way standards and regulations of general applicability. In response to the foregoing, the City hereby enacts this new Section 1165 of this Code • relating to right-of-way permits and management, together with an ordinance making necessary revisions to other Code provisions. This Section imposes fair, efficient, competitively neutral, uniform, and reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein. This Section, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally,this Section provides for recovery of out- of-pocket and projected costs from persons using the rights-of-way. Subd. 2. Legislative Power. By enactment of this Section, the Council hereby exercised its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under Minn. Stat. 2370162 and 237.163,while preserving all power and authority to further require franchises from right-of-way users under Minn. Stat. 216B.36, 222.37, 300.03, and 412.11, and other provisions of law. Section 1165.02. Definitions. The following definitions apply in this Section of this Code, (hereinafter, "this Section"). References hereafter to "Sections" are, unless otherwise specified, references to Sections in this Code. Defined terms remain defined terms whether or not capitalized. Subd. 1. Applicant. Any person requesting permission to excavate or obstruct a right-of- way. Subd. 2. Business District.- That portion of the City lying within ' p ty y g and bounded by the following streets: (insert your City definition here) Subd. 3. City The City of St. Anthony Village, Minnesota, its elected officials, officers, employees, agents or any other commission; committee or subdivision acting pursuant to lawfully delegated authority. Subd. 4. City Cost. The actual costs incurred by the City for managing rights-of-way including, but not limited to costs associated with registering of applicants; issuing, processing, and verifying right-of-way permit applications; revoking right-of-way permits; inspecting job sites; creating and updating mapping systems; determining the adequacy of right-of-way restoration; restoring work inadequately performed; maintaining, supporting, protecting, or moving user equipment during right-of-way work; budget analysis; record keeping;legal assistance;systems analysis;and performing all of the other tasks required by this chapter, including other costs the City may incur in managing the provisions of this Character except as expressly prohibited by law, Subd. 5. City Inspector. Any person authorized by the City to carry out inspections related to the provisions of this Chapter. -2- . Subd.6. Degradation. The accelerated deprivation of the right-of-way caused by excavation in or disturbance of the right-of.-way,resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur. Subd. 7. Degradation Cost. Money paid.to the City to cover the cost associated with a decrease in the useful life of a public.right-of-way caused by excavation. Subd. 8. Emergency. A condition that (1) poses a clear and immediate danger to life or health or of significant loss of property; or(2) requires immediate repair or replacement in order to restore service to a customer. Subd. 9. Equipment or Facilities. Any tangible thing located in any right-of-way but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. Subd. 10. Excavate. To dig'into or in any way remove or physically disturb or penetrate any part of right-of-way, except for horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. Subd. 11. Excavation permit. The permit which,pursuant to this Chapter,must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way as described in such permit. Subd. 12. Excavation permit fee. Money paid to the City by an applicant to cover the costs as provided in Section 1165.12. Subd. 13. In (when used in conjunction with right-of-way. Over,above, in, within, on, or under a right-of-way. Subd. 14. Local Representative. The person or persons, or designee of such person or persons,authorized by a registrant to accept service and to make decisions for that registrant regarding all maters within the scope of this Section. Subd. 15. Mapping Data. Information indicating the horizontal and vertical location of equipment and facilities, relative to the boundaries of the right-of-way. Subd. 16. Obstruct. To place any tangible object in the right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Subd. 17. Obstruction Permit. The permit which,pursuant to this Chapter,must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. -3- Subd. 18. Obstruction Permit Fee. Money paid to the City by a registrant to cover the costs as provided in Section 1165.12. Subd. 19. Performance and Restoration Bond. A performance bond or letter of credit posted to ensure the availability of sufficient funds to assure that all obligations pursuant to this Chapter, including, but not limited to, right-of-way excavation and obstruction work, is timely and properly completed as defined by the approved excavation and/or obstruction permit. Subd. 20. Permit holder. Any person to whom a permit to excavate or obstruct a right-of- way has been granted by the City under this Chapter. Subd. 21. Person. Any natural or corporate person,business association, or other business entity including,but not limited to,partnership,sole proprietorship,a political subdivision, a public or private agency of any kind,utility,a successor or assign of any of the foregoing, or any other legal entity which has of seeks to have equipment located in any right-of-way. Subd. 22. Probation. The status of any person that has not complied with the conditions of this Chapter. Subd. 23. Probation Period. One year from the date that a person has been notified in writing that they have been put on'probation. Subd. 24. Registrant. Any person who(1)has or seeks to have his/or equipment located in any right-of-way,or(2)in any way occupies or uses,or seeks to occupy or use,the right-of- way of any equipment located in the right-of-way, and, accordingly, is required to register with the city. Subd. 25. Restore or Restoration. The process by which an excavated or obstructed right- of-way and surrounding area, including, but not limited to, pavement and foundation, is returned to the same condition that existed before the commencement of excavation. Subd. 26. Restoration Fee. An amount of money paid to the City by a permit holder to cover the cost of restoration. Subd. 27. Ri t-of-Way. The area on,below,or above any.real property in which the City has an interest including,, but not limited to any street, road, highway, alley, sidewalk, parkway, trail, park, skyway, or any other place, area, or real property owned by or under control, of the City, including other dedicated rights-of-way for travel purposes and utility easements. Subd. 28. Right-of-Way Permit. Either the excavation permit or obstruction permit, or both, depending on the context, required by this Chapter. -4- . Subd. 29. Service or Utility Service. Includes, but is not limited to, (i) those services . provided by a public utility as defined in Minn. Stat. 216B.02. Subds. 4 and 6 (1996), (ii) a Telecommunications right-of-way user, pipeline, community antenna television, cable communications system as defined in Minn.Stat.Chap.238,fire and alarm communications, water, electricity, light, heat, cooling energy, or power services, (iii)the services provided by a corporation organized for the purposes set forth in Minn. Stat. 300.03 (1996); and(iv) the services provided by a district heating or cooling system. Subd. 30. Supplementary Application. An application made to excavate or obstruct more of the right-of-way than allowed in, or extend, a permit that had already been issued. Subd. 31. Telecommunications Right-of-Way User. A person owning or controlling a facility in the right-of-way,or seeking to own or control the same,that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter,a cable communications system defined and regulated under Minn. Stat.Chap.23 8,and telecommunications activities related to providing natural gas or electric energy services are not included in this definition for purposes of this Chapter. This definition shall not be inconsistent with Minn. Stat. 237.162, Subd. 4. Subd. 32. Unusable Equipment. Equipmentlocated in the right-of-way which has remained unused for one (1) year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve(12)months or a potential purchaser or . user of the equipment. Subd. 33. User Fee. The sum of money,payable to the City,by a person using or occupying the right-of-way;provided,however,that the City may at its option provide, at any time by ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in an amount and by a method of determination as may be further provided in such ordinance or amendment thereto. Section 1165.03 Administration. The City may designate a principal City official responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The City may delegate any or all of the duties hereunder. Section 1165.04. Registration, Bonding and Right-of-Way Occupancy. Subd. 1. Each person,who occupies,uses,or seeks to occupy or use,the right-of-way or any equipment located in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any right-of-way, must register with the City. Registration will consist of providing application information and as required by the City, paying a registration fee, and posting a performance and restoration bond. _ _ 5 I The performance and restoration bond required in this Section,and in Section 1165.10,Subd. • (C)(5); Section 1165.13, Subd. 2(b), and Section 1165.32, Subd. 1(b)(3) shall be in an amount determined at the City's sole discretion,sufficient to serve as security for the full and complete performance of the obligations under this Chapter,including any costs, expenses, damages, or loss the City pays or incurs because of any failure to comply with this Chapter or any other applicable laws,regulations or standards. During periods of construction,repair, or restoration of rights-of-way or equipment in rights-of-way, the performance and restoration bond shall be in an amount sufficient to cover 100%of the estimated cost of such work, as documented by the person proposing to perform such work, or in such lesser amount as may be determined by the City,taking into account the amount of equipment, in the right-of-way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. Sixty(60)days after completion of the work,the performance and restoration bond may be reduced by the sole determination of the City. Subd.2. No person may construct, install, repair, remove, relocate, or preform any other work, on or use any equipment or any part thereof located in any right-of-way without first being registered with the City. Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of right-of-way between their property and the street curb.. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right- ' of-way,and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, excavations deeper than 12 inches are subject to the permit requirements of Section 1165.09 of this Chapter. Section 1165.05. Right to Occupy Rights-of-Way; Payment of Fees. Subd. 1. Any person required to register under Section 1165.04, which occupies, uses, or places its equipment in the right-of-way,is hereby granted a right to do so if and only so long as it(1)timely pays all fees as provided herein and(2)complies with all other requirements of law. Subd. 2. The grant of right in Section 1165.05, Subd.l is expressly conditioned on, and is subject'to, the police powers of the City, continuing compliance with all provisions of law now or hereafter enacted,including this Chapter as it may be from time to time amended and, authorizations, whether from the City or other body or authority. Section 1165.06. Franchise; Franchise Supremacy. The City may, in addition to the requirements of this Chapter,require any person which has or seeks to have equipment located in any right-of-way to obtain a franchise to the full extent permitted by law,now or hereafter enacted. The terms of any -6- franchise which are in direct conflict with any provision of this Chapter, whether granted prior or . subsequent to enactment to this Chapter, shall control and supersede the conflicting terms of this Chapter provided,however,that requirements relating to insurance,bonds,penalties,security funds, letters of credit, indemnification or any other security in favor of the City may be cumulative in grantee. All other terms of this Chapter shall be fully applicable to all persons whether franchised or not. Section 1165.07. Registration Information. Subd. 1. The information provided to the City at the time of registration shall include,but not to be limited to: (a) The registrant's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at-all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) A certificate of insurance or self-insurance: (1) Shall be on a form approved by the City, (2) Shall verify that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota; or is covered by self-insurance which the City determines to provide the City with protection equivalent to that of a Minnesota licensed insurance company, legally independent from registrant., (3) Shall verify that the registrant is insured against claims for personal injury, including death,as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii)placement and use of equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations,damage of underground equipment and collapse of property, (4) Shall name the City as an additional insured as to whom the coverage required herein are in force and applicable and from whom defense will be provided as to all such coverage, (5) Shall require that the City be notified thirty (30) days in advance of cancellation of the policy, and (6) Shall indicate comprehensive liability coverage,automobile liability coverage, workers compensation and umbrella coverage in amounts -7- established by the City of the office of risk and employee benefit management in amounts sufficient to protect the City and carry out the purposes and policies of this Chapter. (d) If the registrant is a corporation,a copy of the certificate required to be filled under Minn. Stat. 300.06 (1996) as recorded and certified to by Secretary of State. (e) A copy of the registrant's certificate of authority from the Minnesota Public Utilities Commission, where the registrant is lawfully required to have such certificate from said Commission. (f) Such other information as the City may require. Subd. 2. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the City information of changes within fifteen(15)days following the date on which the registrant has knowledge of any change. Subd. 3. Grant of Right, Payment of User Fee. Any person required to register under Section 1165.07, which furnishes utility services or which occupies, uses, or places its equipment in the right-of-way,is hereby granted a right to do so if and only so long as it pays the user fees as provided herein in a timely manner and complies with all other requirements of law. This legal entitlement shall not include use of the right-of-way for purposes not in . furtherance of furnishing utility services for which additional authorization is required by this • Ordinance or other state or federal law, unless the person pays the user fee for such non- utility service use. Such fee shall be paid to the City in substantially equal quarterly installments, subject to adjustment and correction at the conclusion of the calendar year. This fee shall be paid for all and any part of a calendar year,prorated on a daily basis,during any time period in which the permit.holder uses or occupies the right-of-way to furnish utility service, or places, maintains or uses its wires,mains,pipes,or any other facilities or equipment in the right-of- way. The granting of such right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this Section., Subd. 4. Franchise Agreements; Franchise Pa moments. This Section does not apply to a person or business which;uses and occupies the right-of-way for operating its business when there is a preexisting franchise agreement between that person or business and the City and franchise payments are made as agreed. -8- • • Section 1165.08. Reporting Obligations. Subd. 1. Operations,Each Registrant shall at the time or registration and by December 1 of each year, file a construction and major maintenance plan with the City. Registrants must use commercially reasonable efforts to anticipate and plan for all upcoming projects and include all such projects in a construction or major maintenance plan. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following information: (1) the specific locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this Section, a "next- year project");.and (2) the tentative locations and beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this Section, a "five-year project"). The term "project" in this Section shall include both next-year projects and five-year projects. By January 1 of each year the City will have available for inspection in its offices a composite list of all projects of which it has been informed in the annual plans. All registrants are responsible for keeping themselves apprised of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the City and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant that was listed by the other registrant. Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City may, for good cause shown, allow a registrant to submit additional next-year projects. Good cause included, but is not limited to, the criteria set forth in Section 1165.17, Subd.3 concerning the discretionary issuance of permits. Section 1165.09. Permit Requirement. Except as other wise provided in this Code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the City to do so. Subd. 1. Excavation Permit. An excavation permit is required to allow the holder to excavate that part of the right-of-way described in such permit and/or to hinder free and open -9- passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein. Subd.2. Obstruction Permit. An obstruction permit is required to allow the holder to hinder free and open passage over the specified portion of right-of-way by placing equipment, vehicles, or other obstructions described therein on ,the right-of-way for the duration specified therein. Subd. 3. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (i) makes a supplementary application for another right-of-way permit before the expiration of the initial permit,and(ii) a new permit extension is granted. Subd. 4. Disruptive Fee. Notwithstanding Subd. 3 of this Section, even if a new permit or permit extension is granted, the City shall establish and impose a disruptive fee as a civil penalty for unreasonable delays in right-of-way excavation,obstruction,repair or restoration. Subd.5. Permit Display. Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the City Inspector and authorized City personnel. Section 1165.10. Permit Applications. Application fora permit is made to the City. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with,the • requirements of the following provisions: (a) Registration with the City pursuant to this chapter. (b) Submission of completed permit application form,including all required attachments, and scaled drawings showing the location and area.of the proposed project and the location of all existing and proposed equipment. (c) Payment of all money due to the City for: (1) permit fees and costs due; (2) prior obstructions or excavations; (3) any loss, damage, or expense suffered by the City as a result of Applicant's prior excavations or obstructions of the rights-of-way or any emergency action taken by the City; and (4) franchise fees, if applicable. -10- . (5) When an excavation permit is requested for purposes of installing additional equipment, and a performance and restoration bond which is in existence is insufficient with respect to the additional equipment in the sole determination of the City, the permit applicant may be required by the City to post an additional performance and restoration bond in accordance with section 1165.04, Subd. 1. Section 1165.11. Issuance'of Permit: Conditions. Subd. 1. If the City determines that the applicant has satisfied the requirements of this chapter, the City may issue a permit. Subd.2. The City may impose any reasonable conditions upon the insurance of a permit and the performance of the applicant thereunder in order to protect the public health, safety,and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way,to minimize the disruption and inconvenience to the traveling public, and to otherwise efficiently manage use of the right-of-way. Section 1165.12. Permit Fees. Subd. 1. Excavation Permit Fee. The excavation permit fee shall be established by the City in an amount sufficient to recover the following costs: . (1) the City cost; (2) the degradation of the right-of-way that will result from the excavation: (3) restoration, if done or caused to be done by the City. Subd. 2. Disruption Fees. The City may establish and impose a disruption fee as a penalty for unreasonable delays in excavations, obstructions, or restoration. Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of all fees required prior to the issuance of such permit unless the applicant shall agree(in manner,amount,and-substance acceptable to the City)to pay such fees within thirty (30) days of billing therefor. All permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit which was revoked for a breach are not refundable. Any refunded permit fees shall be less all City cost up to and including the date of refund. Subd.4. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for city management, construction, maintenance and restoration costs of the right-of-way. -11- Section 1165.13. Right-of.Way Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the repair and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permit holder or when work was. prohibited as unseasonable or unreasonable under Section 1165.16, Subd. 2. In addition to repairing its own work,the permit holder must restore the general work area of the work,and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of work and use reasonable care to maintain the same condition for 36 months thereafter. Subd. 2. Repair and Restoration. The permit holder shall repair its own work. In addition, in its application,for an excavation permit, the permit holder may choose either to have the City restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the permit holder chooses to have the City restore the right- of-way, the permit holder shall pay the costs thereof within 30 days of billing. If, during the 36 months following such restoration, the pavement settles due to the permit holder's improper backfilling,the permit holder shall pay to the City, ;within 30 days of billing, the cost for the resultant degradation as well as for any and all additional City, costs associated therewith. Permit Holder Restoration. If the permit holder chooses at the time of �) P application for an excavation permit to restore the right-of-way itself, the permit holder shall post an additional performance and restoration bond in an amount determined by the City to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 36 months after completion of the restoration of the right-of-way, the City determines that the right-of-way has been.properly restored,the surety on the performance and restoration bond posted pursuant to this subdivision shall be released. Subd. 3. Standards. The permit holder shall preform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis., The City,in exercising this authority,shall be guided but not limited by the following standards.and considerations: (a) the number, size,depth and duration of the excavations,disruptions or damage to the right-of-way; (b) the traffic volume catted by the right-of-way; the character of the neighborhood surrounding the right-of-way, -12- (c) the pre-excavation condition of the right-of-way; remaining life expectancy of the right-of-way affected by the excavation, (d) whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated deprecation of the right- of-way that would otherwise result..from the excavation, disturbance or damage to the right-of-way; and (e) the likelihood that the particular method of restoration would be effective in slowing the deprecation of the right-of-way that would otherwise take place. Subd. 4. Guarantees. By choosing to restore the right-of-way itself, the permit holder guarantees its work and shall maintain it fir thirty-six(36)months following the completion. During this thirty-six month period it shall, upon notification from the City, correct all restoration work to the extent necessary,using the method required by the City. Said work shall be completed within five(5)calendar days of the receipt of the notice from the City,not including days during which work cannot be done because of extraordinary circumstances or days when work is prohibited as unseasonable or unreasonable under Section 1165.16. Subd. 2. Subd. 5. Failure to Restore. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all repairs required by the City, the City at its option may preform or cause to be preformed such work. In that event,the permit holder shall pay to the City,within thirty(30) days of billing, the cost of restoring the right-of-way. If the permit holder fails to pay as required, the City may exercise its rights under the performance and restoration bond. Subd. 6. Degradation Fee In Lieu of Restoration. In lieu of right-of-way restoration, a permit holder shall pay to the City a degradation fee to cover City costs associated with a decrease in the useful life of a public right-of-way caused by excavation and repairs. Payment of a degradation fee does not relieve the permit holder of the obligation to make necessary right-of-way repairs. Section 1165.14. Joint Applications. Subd. 1. Joint Application. Registrants may jointly make application for permits to excavate or obstruct the right-of-way at the same place and time. Subd.2. With City Projects. Registrants who join in and during a scheduled obstruction or excavation preformed by the City, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee. -13- i I Subd. 3. Shared Fees. Registrants who apply for permits for the same obstruction or • excavation,which is not preformed by the City,may share in the payment of the obstruction of excavation permit fee. Registrants must agree among themselves as to the portion each will pay indicate the same on their applications. Section 1165.15. Supplementgy Applications. Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right- of-way specified in the permit: No permit holder may preform any work outside the area specified in the permit,except as provided herein. Any permit holder which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees necessitated thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitations on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permit holder may begin its work before the permit start date or, except as provided therein,continue working after the end date. If permit holder does not finish the work by the permit end date, it must make application for a new permit for additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. Section 1165.16. Other Obligations. ' Subd. 1. Compliance with Other Laws. Obtaining a right-of-way permit does not relieve permit holder of its duty to obtain all other necessary permits, licenses, franchises or other authorizations and to pay all fees required by the City, any other city, County, State, or Federal rules, laws or regulations. A permit holder shall comply with all requirements of local, State and Federal laws, including Minn. Stat. 216D.001-09 ("One Call Excavation Notice System"). A permit holder shall preform all work in conformance with all applicable codes and established rules and regulations,and is responsible for all work done in the right- of-way pursuant to its permit, regardless of who preformed the work. Subd. 2. Prohibited Work. Except in the case of an emergency, and with the approval of the City, no right-of-way obstruction or excavation may be preformed when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right-of-Way. A permit holder shall not so obstruct a right-of- Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked with adjacent to a permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by the permit. -14- . Section 1165.17. Denial of Permit. Subd. 1. Mandatory Denial. Except in the case of an emergency, no right-of-way permit will be granted: .(a) to any person required by Section 1165.04 to be registered who has not done so; (b) to any person required by Section 1165.08 to file an annual report but has failed to do so; (c) for any next-year project not listed in the construction and major maintenance plan required under Section 1165.08 unless the person used commercially reasonable efforts to anticipate and plan for the project; (d) for any project which requires the excavation of any portion of a right-of- way which was constructed or reconstructed within the preceding five(5) years; (e) to any person who has failed within the past three (3) years.to comply, or is presently not in full compliance, with the requirements of the Chapter; (f) to any .person as whom there exists grounds for the revocation of a permit under Section 1165.22; and (g) if, in the sole discretion of the City, the issuance of a permit for the particular date and/or time would cause a conflict to interfere with an exhibition, celebration, festival,or any other event. the City,in exercising this discretion,shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way,and by considerations relating to the public health, safety and welfare. Subd. 2. Permissive Denial. The City may deny a permit in order to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City may consider one or more of the following factors: (a) the extent to which right-of-way space where the permit is sought is available; (b) the competing demands for the particular space in the right-of-way; (c) the availability of other locations in the right-of-way or in other rights-of- way equipment of the permit applicants; r -15- (d) The applicability of ordinance or other regulations of the right-of-way that • affect location of equipment in the right-of-way; (e) the degree of compliance of the applicant with the terms and conditions of its franchise, if any, this Chapter, and other applicable ordinances and regulations; (f) the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; (g) the condition and age of the right-of-way, and whether and when it is scheduled for a total or partial reconstruction; and (h) the balancing of the costs of disruption to the public and damage to the right- of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way. Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Section 1165.17, Subd.l(c) and (d) above, the City may issue a permit in any case where the permit is necessary to prevent substantial economic hardship to a customer of the permit applicant,or to allow such customer to materially improve its utility service,or to allow a new economic development project;and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its lists of next-year projects. ' Subd. 4. Permits for Additional Next-Year Projects. Notwithstanding the provisions of Section 1165.17, Subd. 1(c) above, the City may issue a permit to a registrant who was allowed under Section 1165.08, Subd.2 to submit an additional next-year project, or in the event the registrant demonstrates that it is used commercially reasonable efforts to anticipate and plan for the project, such permit to be subject to all other conditions and requirements of law, including such conditions as may be imposed under Section 1165.11, Subd.2. Section 1165.18. Installation Requirements. In accordance with Minn. Stat. 237.162, Subd. 8(3); 237.163, Subd. 8; and other provisions of law, and until the Public Utilities Commission adopts uniform statewide standards,the excavation,restoration,and all other work preformed in the right- of-way shall be done in conformance with the "Standard Specifications for Street openings" as promulgated by the City and at a location as may be required by Section 1165.25, Subd.2. the City may enforce local standards prior to adoption of mandatory,preemptive statewide standards pursuant to its inherent and historical police power authority. Section 1165.09. Inspection. Subd. 1. Notice of Completion of Work. When the work under any permit hereunder is completed, the permit holder shall notify the City. -16- . Subd. 2. Site Inspection. The permit holder shall make the work-site available to the City Inspector and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the work. Subd. 3. Authority of City Inspector. At the time of inspection the City Inspector may order the immediate cessation of any work which poses a serious threat to life, health, safety or well-being of the public. The City Inspector may issue an order to the registrant for any work which does not conform to the applicable standards, conditions or codes. The order _ shall state that failure to correct the violation will be cause for revocation of the permit. Within ten(10)days after issuance of the order,the registrant shall present proof to the City that the violation has been corrected. If such proof has not been presented within the required time, the City may revoke the permit pursuant to Section 1165.22. Section 1165.20. Work Done Without a Permit. Subd. 1. Emergency Situations. Each Registrant shall immediacy notify the City of the City's designee of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary in order to respond to the emergency. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits,pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for . the actions it took in response to the emergency. In the event that the City becomes aware of an emergency regarding a registrant's equipment, the City may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary in order to respond to the emergency,the cost of which shall borne by the registrant whose equipment occasioned the emergency. Subd. 2. Non-Emergency Situations. Except in the case of an emergency,any person who, without first having obtained the necessary permit, obstructs or evacuates a right-of-way must subsequently obtain a permit,pay double the normal fee for said permit,pay double all the other fees required by City Ordinance, necessary to correct any damage to the right-of- way and comply with all the requirements of this Chapter. Section 1165.21. Supplementary Notification. If the obstruction of evacuation of the right-of-way begins later or sooner than the date given on the permit, permit holder shall notify the City of the accurate information as soon as this information is known. Section 1165.22. Revocation of Permits. Subd. 1. Substantial Breach. Registrants hold permits issued pursuant to this Code as a privilege and not as a right. The City reserves the right,as provided herein and in accordance -17- with Minn. Stat.237.163, Subd.4,to revoke any right-of-way permit,without fee refund,in the event of a substantial breech of the term and conditioned of any statute, ordinance,rule or regulation, or any condition of the permit. A substantial breech by permit holder shall include, but not be limited to, the following: (a) The violation of any material provision of the right-of-way permit; (b) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; (d) The failure to maintain the required bonds and/or insurance; (e) The failure to complete the work in a timely manner; or (f) The failure to correct a condition indicated on an order issued pursuant to Section 1165.19, Subd.3. Subd. 2. Written Notice of Breach. If the City determines-that the permit holder has committed a substantial breach of a term or condition of any statue, ordinance, rule, ' regulation, or any condition of the permit, the City shall make a written demand upon the permit holder to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further,a substantial breach,as stated above,will allow the City, at the City's discretion, to place additional or revised conditions on the permit. Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach,permit holder shall contact the City with a plan, acceptable to the City Inspector,for its correction. The permit holder's failure to so contact the City Inspector, the permit holder's failure to submit an acceptable plan, or the permit holder's failure to reasonably implement the approved plan shall be cause for immediate revocation of the permit. Further, permit holder's failure to so contact the City Inspector, or the permit holder's failure to reasonably implement the approved plan shall automatically place the permit holder on probation for one (1) full year. Subd. 4. Cause for Probation. From time to time,the city may establish a list of conditions of the permit which,if breached,will automatically place the permit holder on probation for one (1) full year, such as, but not limited to, working out of the allotted time period or working on right-of-way outside of the permit. -18- S . Subd. 5. Automatic Revocation. If a permit holder, while on probation,commits a breach as outlined above, permit holder's permit will automatically be revoked and permit holder will not be allowed further permits for one (1) full year, except for emergency's repairs. Subd. 6. Reimbursement of City Costs. , If a permit os revoked,the permit holder shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation. Section 1165.23 Appeals. Subd. 1. Appeal Process. If an applicant has been denied registration,a right-of-way permit, its right-of-way permit revoked,or believes that the fees imposed on the user by the City do not conform to the requirements of law, may have the denial, revocation, or fee imposition reviewed;upon written request,by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision. Subd. 2. Binding Arbitration. Upon affirmation by the City Council of the denial, revocation,or fee imposition,the telecommunications right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City and the person. If the parties cannot agree on a arbitrator, the matter must be resolved by a three-person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the person, and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the City and the person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitrator. Subd. 3. Appeal Costs. Each party to the arbitrators shall pay its own costs,disbursements, and attorney fees. Section 1165.24. Mapping Data. Subd. 1. Information Required. Except as provided in Subd.2 of this Section,each registrant shall provided to the City information indicating the horizontal and vertical location,relative to the boundaries of the right-of-way, of all equipment which it owns or over which it has control and which is located in any right-of-way("Mapping Data"). Mapping data shall be provided with the specificity and in the format requested by the City for inclusion in the mapping system used by the City. Notwithstanding the foregoing, mapping data shall be submitted by all registrants for all equipment which is to be installed or constructed after the date of passage of this ordinance at the time any permits are sought under this Section. • -19- Subd. 2. Supplemental Information. Within six months of the acquisition, installation, of • construction of additional equipment or any relocation,abandonment,or disuse of excavating equipment, each registrant shall supplement the mapping data required herein. Subd. 3. Comprehensive Equipment Plans. Each registrant shall,.within six months.after the date of passage of this ordinance, submit a plan to the City specifying in detail the steps it will take economically with the requirements of this Section. This plan shall provide for the submission of all mapping data for Commercial and Industrial Zoning Districts within 2 years after the date of passage of this ordinance,and for the remainder of the City as early as may be reasonable and practical,but not later than 5 years after the date of passage of this ordinance. for the remainder of the City as early as may be reasonable and practical,but not later than five (5) years after the date of passage of this ordinance. After six(6) months after the passage of this ordinance, a new registrant, or a registrant which has not submitted a plan as required above, shall submit complete and accurate mapping data for all.its equipment at the time any permits are sought under this Chapter. Subd.4. Telecommunications Equipment. Information on existing facilities and equipment of telecommunications right-of-way users need only be supplied in the form maintained by the telecommunications right-of-way user. Subd. 5. Trade Secret Information. At the request of any registrant, any information requested by the City,which qualifies as a"trade-secret"under Minn. St at. 13.37(b)shall be ' treated as trade secret information as detailed therein. With respect to the provision of mapping data, the City may consider unique circumstances from time to time required to obtain mapping data. Section 1165.25. Location of Equipment. Subd. 1. Undergroundina: Unless otherwise permitted by an existing franchise or Minnesota Statue 21613.34,or unless existing above-ground equipment is repaired or replaced,or unless infeasible such as in the provision of electric service at certain voltages, new construction, installation of new equipment, and the replacement of old equipment shall be done underground or contained within buildings or other structures in conformity with applicable codes unless otherwise agreed to by the City in witting, and such agreement is reflected in applicable permits. Subd. 2. Corridors. The City may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology,the City expects will someday be located within the right-of- way. Excavation, obstruction, or other permits issued by the City for good involving the installation or replacement of equipment may designate the proper corridor for the equipment at issue and such equipment must be located accordingly. -20- • . Subd. 3. Moving of Existing Equipment to Corridors. Any registrant whose equipment is 'located prior to enactment of this Chapter in the right-of-way in a position at variance with corridors established by the City shall, no later than at a time of the next reconstruction of excavation of the area where its equipment is located, move that equipment to its assigned position within the right-of-way, unless'this requirement is waived by the City for good cause shown, upon consideration of such factors.as the remaining economic life of the facilities, public safety, customer service needs and headship to the registrant. Subd. 4. Nuisance. One year after the passage of this ordinance, any equipment found in a right-of-way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the equipment and restoring the right-of-way to a usable condition. Subd. 5. Limitation of Space. To protect health, safety and welfare,the City shall have the power to prohibit or limit the placement of new additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrant or persons to occupy and use the right-of-way. In making such decisions,the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way; but shall be guided primarily by considerations of public interest, the public's needs for the particular service,the condition of the right-of-way,the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future City plans for public . improvements and development projects which have been determined to be the public interest. Section 1165.26 Relocation of Equipment. Subd. 1. Removal of Equipment. A registrant must promptly and at its own expense, with due regard for seasonal working conditions,permanently remove and relocate its equipment and facilities in the right-of-way whenever the City requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. The City may make such requests in order to prevent inference by the company's equipment or facilities with a present or future City use of the right-of-way; a public improvement undertaken by the City; an economic development project in which the City has an interest or investment; when the public health,safety and welfare requires it; or when necessary to prevent interference with the safety and convenience or ordinary travel over the right-of-way. Notwithstanding the forgoing, a person shall not be required to remove of relocate its equipment from any right-of-way which has been vacated in favor of non-governmental entity to the person therefor. -21- Section 1 165.27. Pre-Excavation Equipment Location. In addition to complying with the • requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has equipment located in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any registrant whose equipment is less then twenty(20)inches below a.concrete or asphalt surface shall notify and work closely with the excavation contractor in an effort to establish the exact location of its equipment and the best procedure for excavation. Section 1165.28. Damage to Other Equipment. Subd. 1. Maintenance Work byCitv_. When the City performs work in the right-of-way and finds it necessary to maintain, support, or move a registrant's equipment in order to protect it,the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty(30)days from the date of billing. Subd. 2. Responsibility of Registrant. Each registrant shall be responsible for the cost of repairing any equipment in the right-of-way which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant cause during the City's response to an emergency occasioned by that registrant's equipment. Section 1165.29. Right-of-Way Vacation. ' Subd. 1. Reservation of Right. If the City vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permit holder equipment, the City shall reserve, to and for itself and all registrant having equipment in the vacated right-of-way, the right to install, maintain and operate any equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. Subd. 2. Relocation of Equipment. If the vacation requires the relocation of the registrant or permit holder equipment and;(a)if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; or(b) if the vacation proceedings are initiated by the City and the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the City and the registrant to permit holder; or(c)if the vacation proceeding are initiated by a person or persons other than the registrant or permit holder, such person or persons must pay the relocation costs. Section 1165.30. Indemnification and Liability. Subd. 1. Limitation of Liability. By reason of the acceptance of a registration or a grant of the right-of-way permit, the City does not assume any liability; (a) for injuries to persons, -22- • . damage to property,or loss of service claims by parities other than the registrant or the City; or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment be registrants or activities of registrants. Subd. 2. Indemnification. By registering with the City,a registrant agrees,or by accepting a permit under this Chapter, a permit holder is required to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction,presence,installation,maintenance,repair or operation of its equipment, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of its authorized, allowed, or prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages,or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a right-of-way, whether or not the act or omission complained of its authorized, allowed or prohibited by right-of-way permit. The foregoing does not indemnify the City for its own negligence except for the claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction. operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the insurance of permits and inspection of plans or work. This Section is not,as to third parties, a wavier of any defense or immunity otherwise available to the registrant or to the City;and the registrant, in defending any action on behalf of the City, shall be entitled to asset in any . action every defense or immunity that the City could asset in its own behalf. Section 1165.31. Future Uses. In placing any equipment,or allowing it to be placed,int he right-of- way the City is not liable for any damages caused thereby to any registrant's equipment which is already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special duty is created as to registrant. This Chapter is enacted to protect the general health, welfare and safety of the public at large. Section 1165.32. Abandoned and Unusable Equipment. Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its operations with respect to any equipment in any right-of-way,or segment or portion thereof, in the City must either: (a) provide information satisfactory to the City that the registrant's obligations for its equipment in the right-of-way under this Chapter have been lawfully assumed by either registrant; or (b) submit to the City a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option: r -23- (1)purchase the equipment; or ' (2) require the registrant, at its own expense, to remove it; or (3) require the registrant to post an additional bond or an increased bond amount sufficient to reimburse to City for reasonably anticipated costs to be incurred in removing the equipment. Subd. 2. Abandoned Equipment. A registrant's equipment that fails to comply with the proceeding paragraph and which has remained unused for 2 years shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has a law or in equity, including, but not limited to: (a) abating the nuisance; (b) taking possession of the equipment and restoring it to a usable condition; (c) requiring removal of the equipment by the registrant or by the registrant's surety; or, (d) exercising its rights pursuant to the performance and restoration bond. Subd. 3. Removal. Any registrant who has unusable equipment in nay right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the City. Section 1165.33. Reservation of Regulatory and Police Powers. The City by granting of a right-of way permit, or by registering a person under this Section, does not surrender or to any extent lose, waive, impair,or lessen the lawful powers and rights, which it has now or may be hereafter vested ' in the City under the Constitution and Statues of the State of Minnesota to regulate the use of the right-of-way by permit holder; and the permit holder by its acceptance of a right-of-way permit or of registration under those ordinances agrees that all lawful powers and rights,regulatory power,or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A permit holder or registrant is deemed to acknowledged that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Any conflict between the provisions of a registration or of a right-of-way permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. Section 1165.34.. Severability. If any subdivision, sentence, clause , phrase, or portion of this Section is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provisional such holding shall not affect the validity of the remaining portions thereof. If regulatory body or a court of competent jurisdiction should determine by a final,non-appealable order that nay permit, right or registration issued under this Section or any portion of this Section is illegal or -24- . unenforceable,then any such permit right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with mutual right in either party to terminate without cause giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for the conditions relating to the term of the permit and the right of termination. If a permit,right or registration shall be considered a revocable permit as provided herein,the permit holder must acknowledge the authority of the City Council to issue such revokable permit and the power to revoke it. Nothing in this Section precludes the City from requirements set forth herein. Section 1165.33. Non-Exclusive Remedy. The remedies provided-in this Section and other Chapters in the Legislative Code are not exclusive or in lieu of other right and remedied that the City may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for actual of threatened injury to the public rights-of-way, including damages to the rights-of-way, whether or not caused by a violation of any of the provisions of this Section or other provisions of the Legislative Code. Section 2. This ordinance shall take effect following its passage and publication according to law. First reading: May 11, 1999 Second reading: May 25, 19 9 9 Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin -25- City of St.Anthony RIGHT-OF-WAY FEES & CHARGES • Proposed Fee 1. Registration Fee: $40.00 2. Excavation Permit Fee: $125.00 a.) Hole b.) Trench $ 70.00/100 lineal foot (Plus Hole Fee) 3. Obstruction Permit Base Fee: $50.00 plus .05/lineal foot 4. Permit Extension Fee: $ 55.00 5. User Fee: $20.00 Plus Adjacent to Residential Property $ 0.1375/lineal ft Plus Adjacent to Commercial Property $ 0.30/lineal.foot 6. Degradation Fee: City's cost to return structural integrity to Right-of-Way. ' 7. Delay Penalty: Total Penalty Charge: $60.00 (Up to 3 days late) Each day late over 3 days: $60.00 plus $10.00/day CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA May 25, 1999 I. CALL TO ORDER. II. ROLL CALL. • III. APPROVAL OF MAY 25, 1999 H.R.A. AGENDA. IV. APPROVAL OF APRIL 27, 1999 H.R.A. MINUTES. V. CLAIMS. A. TIF Administrative Costs: 1 . Ramsey County - $611 .22. VI. STUART BONNIWELL WILL PRESENT THE 1998 H.R.A. AUDIT. VII. OTHER BUSINESS. VIII. ADJOURNMENT. CITY OF ST. ANTHONY . HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES APRIL 27, 1999 I. CALL TO ORDER. The meeting was called to order at 8:11 P.M. II. ROLL CALL. Commissioners present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen. Commissioners absent: None. Also present: City Manager Mike Mornson. III. APPROVAL OF APRIL 27, 1999 HRA AGENDA. Motion by Faust, second by Marks to approve the April 27, 1999 HRA Meeting Agenda as presented. Motion carried unanimously. IV. APPROVAL OF APRIL 13, 1999 HRA MINUTES. Motion by Marks, second by Faust to approve the April 13, 1999 HRA Minutes as presented. fMotion carried unanimously. V. CLAIMS. Motion by Marks, second by Thuesen to approve the following claims: A. Engineering - St. Anthony Shopping Center: 1. RLK Kuusisto in the amount of$361.25 for professional planning services provided in connection with St. Anthony Shopping Center. B. Property Taxes: 1. Hennepin County in the amount of: a. $977.74 for 1999 first half tax due for 2713 St. Anthony Boulevard. b. $7,663.83 for 1999 second half tax due for Tires Plus, 3301 Silver Lake Road. Motion carried unanimously. VI. RESOLUTION H.R.A. 1999-001,RE: PURCHASE OF 2542 KENZIE TERRACE. Motion by Marks, second by Faust to approve H.R.A. Resolution 1999-001, approving the purchase of property known as 2542 Kenzie Terrace. Motion carried unanimously. VII. OTHER BUSINESS-None. Housing and Redevelopment Authority Meeting Minutes April 27, 1999 Page 2 • VIII. ADJOURNMENT. Motion by Marks, second by Thuesen to adjourn the meeting at 8:14 P.M. Motion carried unanimously. Respectfully submitted, Mary Mullen TimeSaver Off Site Secretarial, Inc. INVOICE Ramsey County PRR-Revenue Division rPlease Remit To: Page: 2 PRRREV Invoice No: PRRRV-000054 PROP RECaREV-Revenue Invoice Date: 04/26/1999 e3o Rccc-peat Customer Number: 069000 50 peat Kellogg Boulevard Payment Terms: immediate St Paul, MN .5ST02 - _ Due Date: 04/26/1999 Customer: ST ANTHONY CITY OF AMOUNT DUE: $ 611.22 ROGER LARSON SR., FINANCE DIRECTOR 3301 SILVER LAKE RD ST ANTHONY, MN 55418 For billing questions, please call 651/266-2046 Line Adj Identifier Description Quantity UOM Unit Amt Net Amount 1 TIP ACCOQNTIN 1998 1.00 EA 611.22 611.32 TIP ADMIN EXPENSES 1998 SUBTOTAL: 611.22 Taxes For: TOTAL AMOUNT DUE : s 611.22 Keep This Portion For Your Records STANDARD Original May 3, 1999 Roger Larson Sr., Finance Director City of St.Anthony • 3301 Silver Lake Road St.Anthony, MN 55418 Dear Mr. Larson: Minnesota Statutes 469.176 Subd. 4h authorizes County Auditors to obtain payment for administrative costs incurred during the calendar year 1998 related to Tax Increment Finance (TIF) districts. The enclosed invoice and attachment show administrative expenses related to TIF districts in your City. I have also enclosed a list of County Auditor TIF administrative duties. The costs include expenses related to the creation of new TIF districts and the overall maintenance of existing ones. Any costs directly attributable to a particular TIF district are billed to that district. Indirect maintenance costs totaling $30,597.61 are charged to 147 districts in the County for 1998. One half of the cost is apportioned equally to each district ($104.07 each)to reflect fixed costs per district. The remaining half is apportioned to each district based on the number of parcels in the district. A per parcel charge of$3.61 is included to reflect the variable costs. Please contact Brian Erickson at 266-2048 if you have any questions regarding'this bill. Sincerely, Brian Erickson, Accountant Tax Accounting Enclosure BE r