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HomeMy WebLinkAboutCC PACKET 01232001 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioosai Box: 17 Folder: CC PACKETS 1999-2001 Document: CC PACKET 01232001 H.R.A. IMMEDIATELY FOLLOWING _ REGULAR COUNCIL MEETING. • CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA JANUARY 23, 2001 7:00 pm Council Chambers PAGE(S) I. CALL TO ORDER. 11. PLEDGE OF ALLEGIANCE. Ill. ROLL CALL. IV. APPROVAL OF JANUARY 23, 2001 CITY COUNCIL REGULAR MEETING AGENDA. V. PROCLAMATIONS AND RECOGNITIONS. VI. COMMUNITY FORUM. • Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. VII. CONSENT AGENDA. ........................................................................ 1 - 20 These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. VIII. PUBLIC HEARINGS. A. Resolution 01 - 031 , re: Amendment to the Chandler Place TIFPlan ................................................................................ 21 - 26 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. A. Set date for Board of Review ......................................................... 27 B. Resolution 01-026, re: 2001 Flood Relief Program • (WSB, Inc.) ........................................................................... 28 - 30 City Council Regular Meeting Agenda January 23, 2001 Page 2 PAGE(S) C. Resolution 01-027, re: Agreement with Metropolitan Council/City's 1/I Goals (WSB, Inc.) ................. D. Resolution 01-028, re: Lighting agreement for 29th Avenue NE with Northern States Power Company (WSB, Inc.) ..................... 37 - 42 E. Harding Street Project; Review property acquisition and update (Evergreen Land Services): ............................................. 43 - 54 1 . Resolution 01- 032, re: Drainage easement for 2800-31 st Avenue NE. 2. Resolution 01- 033, re: Drainage easement for 2908-30th Avenue NE 3. Discuss condemnation process. F. Resolution 01- 030; re:-Sale of Tax Abatement Bonds for' • Central Park Improvements (Springsted, Inc.) ............................ 55 - 82 G. Resolution 01- 029, re: Approval of Phase II investigation relating to the redevelopment of Central Park ............................ 83 - 89 H. Resolution 01-025, re: 2001 Pay Equity Implementation Report .................................................................................. 90 - 99 X. REPORTS FROM COMMISSIONS AND STAFF. A. Planning Commission - January 16, 2001 ............................. 100 - 107 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. ® MISCELLANEOUS INFORMATIONAL DOCUMENTS AREA TTACHED. VII. CONSENT AGENDA 1 . Council Regular Meeting Minutes - January 9, 2001 2. Claims 1 I CITY OF ST. ANTHONY • 2 CITY COUNCIL REGULAR MEETING MINUTES 3 January 9, 2001 4 I. CALL TO ORDER. 5 Mayor Cavanaugh called the meeting to order at 7:04 p.m. 6 II. PLEDGE OF ALLEGIANCE. 7 Mayor Cavanaugh invited the Council and audience to join in the Pledge of Allegiance. 8 III. ROLL CALL. 9 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and 10 Hodson 11 Councilmembers absent: None. 12 Also present: City Manager Michael Morrison; Assistant City Manager Susan 13 Henry; and City Attorney Jerome Gilligan. 14 IV. APPROVAL OF JANUARY 9,2001 CITY COUNCIL REGULAR MEETING AGENDA. 15 Motion by Sparks to approve the January 9, 2001 City Council Regular Meeting Agenda as 16 presented. 17 Motion carried unanimously. 18 V. PROCLAMATIONS AND RECOGNITIONS. 19 A. Presentation of Appreciation Plaque to Doug Bergstrom 20 Mayor Cavanaugh read in full and presented a plaque of appreciation to Doug Bergstrom in 21 recognition of his years of outstanding service from 1993 to 2000 on the Planning Commission. 22 Bergstrom stated he has enjoyed the opportunity to work with the City Council, City Staff, Parks 23 Commissioners, and Planning Commissioners. He stated he believes there are outstanding 24 people appointed to those positions. 25 VI. COMMUNITY FORUM. 26 Mayor Cavanaugh invited any residents in the audience to speak to the Council on items that are 27 not on the regular agenda. 28 Chris Bratsch, BRW, Inc., introduced himself and presented the Executive Summary, Phase 1 29 Environmental Site Assessment for the Central Park Redevelopment Project. He recommended, 30 based on the proposed park redevelopment, that the City Council enter the MPCA Voluntary 31 Investigation Clean-up Program. Bratsch reviewed the steps that would be taken as part of that 32 program to determine the site of the contamination, character of what is found, and to determine 33 if it poses a risk to human health. They would also present a recommendation on the corrective 34 action which the MPCA may approve or modify. City Council Regular Meeting Minutes January 9, 2001 • Page 2 1 Sparks inquired regarding the time this would take. Bratsch stated it is about 16 weeks to 2 approval but can be done in conjunction with work at the park so it may be closer to a 10 to 14 3 week period. He stated the nature of the dump resulted in the majority of the waste being burned 4 which generally leaves ash and incombustible materials. There may also be metals or 5 carbohydrons that would pose little risk once properly covered. 6 Horst asked if this is an expensive process. Bratsch stated it can be, depending on what the 7 Phase II Study shows. He estimated the investigation will cost $30,000 to $40,000 plus $5,000 .8 to $10,000 for MPCA review. 9 Horst asked how much of these costs were planned for originally. Morrison stated some was 10 planned for but the extent was not known. He explained the City just complete this process at 1 l Silver Points Park and, perhaps, some costs can be cut. Morrison stated Phase II will determine 12 if there are any issues and correct those issues once excavation begins. 13 Hodson asked if grant funds are available. Bratsch stated there were some reimbursement grants 14 but those funds are related to gas tank and petroleum clean-up and this project would not qualify 15 for that funding. 16 Mayor Cavanaugh stated all knew this was a dump site back in the 1940s. He indicated his 17 support to proceed expeditiously. 18 Mornson stated he has spoken to Bob Cost,project manager for the park, who indicated they will 19 try to get Phase II done as quickly as possible so anything found can be taken into consideration 20 when the project is bid out at the end of March or beginning of April. 21 Hearing no further response, Cavanaugh moved forward with the agenda. 22 VII. CONSENT AGENDA. 23 Mayor Cavanaugh stated the first meeting in January is an organizational meeting to determine 24 committee appointments. He read the slate of appointments that would be made upon adoption 25 of the Consent Agenda. He also noted that the Consent Agenda continued a resolution to approve 26 the standing rules. 27 Sparks inquired whether the Council has ever used the tool provided on page 48, whereby the 28 Mayor can make liberal use of the"unanimous consent"procedure. It was noted that in this 29 procedure, the Mayor can introduce for approval items if there are no objections. 30 Mayor Cavanaugh stated that tool has not been used in the past as the occasion has not come up. 31 However, if a discussion is held he could make a consensus statement. • 32 Horst requested a report on the Northwest Youth and.Family Services. City Council Regular Meeting Minutes January 9, 2001 Page 3 1 Sparks stated she met with this group and reviewed what they have done and are intending to do. 2 She recommended the City proceed for another year and evaluate it at the end of the year. 3 Sparks explained this group is on notice of the need to keep the City better informed so she 4 would recommend they be funded for another year. 5 Mayor Cavanaugh advised that a representative of the School Board will also serve on the 6 Northwest Youth and Family Services. Mayor Cavanaugh asked if this item should be removed 7 from the Consent Agenda and voted on separately. 8 Horst requested a clarification on the meeting Sparks had with them and asked that it be 9 removed from the Consent Agenda. 10 Motion by Sparks to approve the Consent Agenda with the removal of consideration of 2001 11 dues for the Northwest Youth and Family Services. 12 1. Truth in Taxation Continuation Meeting Minutes of December 20, 2000; 13 City Council Meeting Minutes of December 20, 2000; 14 2. Licenses and Permits: 1815 3. Claims: and 16 4. Housekeeping Resolutions 01-001 - 015 and 01-024. 17 Motion carried unanimously. 18 Motion by Sparks to approve continued funding in 2001 of Northwest Youth and Family 19 Services. 20 Horst asked if their reporting function will be improved in 2001 and what type of services they 21 provide which the Police Department does not provide. 22 Sparks explained that they provide services like counseling and diversion with youth who 23 commit crimes to.work on community service projects. She explained that currently the City 24 tickets and then the County handles the diversion so she believes to pull out at this point may be 25 counter-productive. Sparks explained how they serve the city through the schools. 26 Horst stated his understanding the City has not utilized diversion. Sparks stated that is correct 27 but family and youth have utilized counseling and connect young people with seniors who need 28 services such as lawn mowing and household chores. Sparks stated the City is being billed 29 according to what the City is using and that information has been detailed. • 30 Mayor Cavanaugh requested a copy of that report so the Council can learn what the City's use is. 31 He explained how the meetings have resulted in including the school's participation into this 32 process to create broader ownership between the Northwest Youth and Family Services,the City Council Regular Meeting Minutes January 9, 2001 • Page 4 . 1 school, and the City. Mayor Cavanaugh stated he wanted the City to either embrace this program 2 more strongly.or eliminate it and he feels the school's involvement will create a better benefit. . 3 Horst thanked Sparks and Mayor Cavanaugh for this explanation. 4 Motion carried unanimously. 5 VIII. PUBLIC HEARINGS. 6 A. Resolution 01-019, re: Vacating a Portion of Anthony Lane (Accurate Wire) 7 City Manager Mike Morrison explained this is the second public hearing held on this issue as the 8 Planning Commission had held the first public.hearing. He explained that Accurate Wire 9 Solutions,Inc., has submitted a formal petition to the City of St. Anthony for a street vacation for 10 St. Anthony Lane. Morrison advised that the City Engineer recommended a second public 11 hearing be held since it involves the vacation of a public right-of-way. 12 Mayor Cavanaugh opened the public hearing at 7:30 p.m. 13 Planning Commissioner Stille displayed a survey of the property and identified the location of 0 14 the proposed vacation which is in conjunction with the applicant's proposed addition measuring 15 7,000 square feet. More parking is needed and necessary per City Code. To accommodate this, 16 Accurate Wire Solutions is requesting the street vacation so they can add 20 cars to their parking 17 lot. Stille stated the Planning Commission found no real public need for this property and the 18 City of Roseville was also contacted and indicated they have no public need. He presented the 19 Planning Commission's recommendation to approve the vacation subject to the City Engineer's 20 recommendations, requiring the needed easements,that the proposed addition meet the City's 21 standards without the need for variances, and that the associated costs ($800 to $1,000) be paid 22 by the applicant. 23 Mayor Cavanaugh closed the public hearing at 7:33 p.m. 24 Motion by Thuesen, seconded by Sparks, to adopt Resolution 01-019, re: Vacating a Portion of 25 Anthony Lane. 26 Motion carried unanimously. 27 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. 28 A. Resolution 01-016 re: Call Hearing on 2001 Street and Utility Improvements (WSB, 29. Inc. 30 Morrison noted this involves the City's road improvement program and declaring the costs to be 31 assessed for the 2001 street projects. He noted it is unusual to include wording to address the t32 excavation of the pond in the Harding area. He noted there will be two public hearings; one to 33 consider the project and the other to assess the costs. City Council Regular Meeting Minutes January 9, 2001 • Page 5 1 Todd Hubmer, WSB, Inc., reviewed the three resolutions being presented and used a map to 2 identify the project areas involved. He also noted the location of the ponding area that is to be 3 excavated (Harding Street pond) and project costs: The first resolution will call for the public 4 hearing on February 13, 2001. 5 6 Sparks inquired regarding the language to be contained within the call for the public hearing. 7 Hubmer stated the legal notice will contain the full language including mention of the pond 8 excavation. He noted the attachment that is sent to the affected property owners. 9 Morrison stated that notice will be sent out two weeks before the hearing dates. Hubmer stated 10 they will receive mailed notice prior to each of the two public hearings. 11 Hubmer stated the second resolution declares costs to be assessed and proposed to be assessed 12 which allow them to prepare the assessment roll in accordance to the Statue 429 rules. He stated 13 they would like to mail that value in the notice or have it present at the public hearing. They 14 intend to include that information in the mailed notice. Hubmer reviewed the construction costs 15 and amount of City contribution to fund 100% of the watermain and 65% of the street 16 reconstruction.costs. In addition, the DNR will have a construction budget for the storm sewer 17 work, pond work, and sanitary sewer reconnections.' He presented the funding mechanisms 18 which will be the basis for preparing the assessments. 19 Sparks inquired regarding what the DNR is paying for the pond. Hubmer recommended the cost 20 for pond excavation be included in the notices so all individuals affected will receive notices. 21 Sparks stated it looks like the City is assessing for the pond. Hubmer stated that is not the case 22 and that issue will be addressed at the public hearing. He stated the public will have the 23 assessment roll and that detail can be included. 24 Sparks stated she wants to make it clear to residents that the City is not assessing for the holding 25 pond. 26 Horst stated he also thought it looked like the pond would be assessed and asked if this will be a 27 finished pond or cover just the initial grading. Hubmer stated they anticipate that between now 28 and February 13th, a landscaping plan will be presented to residents and the bid awarded before 29 May. He stated that is a separate bid component so they have more control over how the 30 landscaping is put in. Hubmer stated they are taking the quality of the project very seriously and 31 plan to include a two to three year maintenance agreement to assure the landscape is growing, 32 erosion control addressed, and the area completely restored. • 33 Thuesen asked if the funds from the DNR fall in line with the engineer's estimate. Hubmer 34 stated the land acquisition costs may be higher than anticipated in 1997 but he does not believe 35 the project budget has been compromised in any way. He stated he is comfortable with where City Council Regular Meeting Minutes January 9, 2001 Page 6 1 the budget is and the DNR funding mechanism is in the 2002 bonding cycle so they will talk 2 with the DNR to assure that bonding cycle remains intact. 3 Mayor Cavanaugh asked if this is a third allotment from the DNR. Hubmer stated that would be 4 the third allotment. Morrison stated they have already received two allotments. Hubmer stated 5 there is money in hand to complete this project and the 2001 street projects. 6 Sparks asked how the land acquisition schedule is coming along in relationship to the scheduled 7 public hearing dates. Hubmer stated the Council will receive an update on the land acquisition 8 process at the January 23, 2001 meeting. 9 Morrison stated easements are needed from ten property owners. Two have been received and 10 three to four are anticipated to be received by January 23, 2001. He stated staff will recommend 11 proceeding with the condemnation process for the other four easements that are needed for this 12 project. He reviewed the time schedule with a quick take deed process. 13 Sparks asked if there is an intention to follow up with residents. Morrison stated it has been 14 turned over to Evergreen Land Services who have contacted the property owners individually to 15 talk about the easement and value based on the appraisals done. 16 Hubmer stated there are several residents who have been contacted numerous times and there are 17 a few people who were contacted only once because they indicated they would obtain their own 18 appraisals and their private attorney would contact Evergreen Land Services. 19 Morrison stated the private attorney hired in two cases is well aware that in asking for a second 20 appraisal it will force the City to start the condemnation process. 21 Mayor Cavanaugh commented on the need for Evergreen Land Services to have an excellent 22 paper trail so there is no confusion about what the next step is. 23 Sparks asked staff to assure all are clear of what the process is. Hubmer stated he will ask 24 Evergreen Land Services to call each property owner.so they are clear about the next step in the 25 process. 26 Hubmer stated he hesitates going beyond February 13, 2001 to award the contract since it will 27 considerably delay the project and result in costly change orders. 28 Attorney Gilligan stated a quick take needs 90 days to occur. Mayor Cavanaugh stated if they do 29 not have all the negotiated easements at the next meeting, the Council will receive background •30 on how the process will unfold up to February 13, 2001. Attorney Gilligan stated that is correct 31 and negotiations will continue from the next meeting to February 2001. 7 City Council Regular Meeting Minutes January 9, 2001 Page 7 1 Morrison stated that at the recommendation of the City Attorney, Paragraph 2 relating to the 2 DNR costs should be deleted from the Resolution. 3 Hubmer stated the third resolution calls for a hearing on the proposed assessment. He stated the 4 hearing would be on the assessment dollar amounts that would be assessed to each property. He 5 explained that notice with the amounts would be mailed to each property owner. Hubmer 6 presented an explanation of what will be included in that mailed notice and stated that 7 information will also be presented to the City Council. 8 Sparks asked if the language can be remedied to clarify that the pond excavation will not be 9 assessed. 10 Attorney Gilligan stated the pond is not being assessed so it is not part of the Chapter 429 11 process but it is part of the project. He stated, however,that this is a good point and suggested 12 the language be revised to add a new section as follows: 13 "This project consists of street reconstruction and replacement of watermain and storm 14 sewer lines to be done in conjunction with.Pond Excavation in rear yard areas north of • 15 .30th Avenue, west of Silver Lake Road; and east of Harding Street (referred to as 16 Harding Street Pond);" 17 Motion by Hodson, seconded by to adopt Resolution 01-016, re: Call hearing on 2001 Street and 18 Utility Improvements as amended above. 19 Hubmer recommended the Council accept comments on the pond excavation since it is part of 20 one contract. 21 Mayor Cavanaugh asked if there should be two resolutions, one for just the pond. Mornson 22 stated a neighborhood meeting will be held prior to February 13th when that issue and the 23 landscaping plan will be discussed. 24 Motion carried unanimously.. 25 B. Resolution 01-017 re: Declare Cost to be Assessed for 2001 Street and Utility 26 Improvements (WSB, Inc.) 27 Motion by Thuesen to adopt Resolution 01-017, re: Declare Cost to be Assessed for 2001 Street 28 and Utility Improvements removing paragraph#2 related to the DNR costs and adding the above 29 language as recommended by Attorney Gilligan. 30 Motion carried unanimously. • 8 City Council Regular Meeting Minutes January 9, 2001 . • Page 8 1 C. Resolution 01-018, re: Call Hearing on Proposed Assessment for 2001 Street and Utility 2 Improvements (WSB. Ind.) 3 Motion by Hodson to adopt Resolution 01-018, re: Call Hearing on Proposed Assessment for 4 2001 Street and Utility Improvements as amended to add the above language as recommended by 5 Attorney Gilligan. 6 Motion carried unanimously. 7 Hubmer stated information has been submitted to St. Paul Companies and they will be providing 8 the additional information requested. He stated he hopes to hear back from them next week. 9 X. REPORTS FROM COMMISSIONS AND STAFF. 10 A. Planning Commission- December 19, 2000. 11 Planning Commissioner Stille was in attendance to present the Planning Commission'.s 12 comments. 13 1. The following requests were made by TOLD Development Company for 14 Wal rg eens. 15 a.. Resolution 01-020, re: Rezone Property. 16 Planning Commissioner Stille presented the Planning Commission's recommendation for 17 approval of the requested rezoning of Lot 3, Block 1, Apache Terrace 2nd Addition, from 18 Industrial to Commercial based on the finding that it is consistent with further 19 development of the Apache Mall area including the northwest quadrant, it is not 20 anticipated to be detrimental to the City, it provides a service to residents in the northern 21 part of St. Anthony Village, and while it is not currently planned to be rezoned 22 commercial in the Comprehensive Plan, it is consistent with the general development of 23 the area anticipated in the Comprehensive Plan. 24 Motion by Thuesen to adopt Resolution 01-020,re: Rezone Property. 25 Motion carried unanimously. 26 b. Resolution 01-021, re: Combination of Lots. 27 Planning Commissioner Stille advised that the Planning Commission made no 28 recommendation with regard to lot combination based on the recommendation of the City 29 Attorney that the lot combination can be accomplished administratively without 30 consideration before the Planning Commission or City Council. 31 Motion by Hodson to adopt Resolution 01-021, re: Combination of Lots. 0 32 Motion carried unanimously. City Council Regular Meeting Minutes January 9, 2001 tPage 9 1 C. Resolution 01-022, re: Conditional Use Permit. 2 Planning Commissioner Stille presented the Planning Commission's recommendation for 3 approval of the Conditional Use Permit based on the finding that the use is not 4 detrimental or injurious, the use is necessary and desirable at this location, and subject to 5 the ten conditions recommended by staff which includes a restriction on hours and 6 providing a 20 foot utility easement. 7 Horst asked if questions were raised regarding the validity of the drive thru or other 8 points of the special use. Stille stated the drive isle meets City code but the drive isle 9 itself is a conditional use. 10 Horst asked if the Walgreens use requires a conditional use. Stille stated it does not but 11 the Planning Commission was able to address the neighborhood impacts and other issues 12 since a conditional use permit is needed for the drive thru feature. 13 Mayor Cavanaugh reviewed the Planning Commission meeting minutes which detailed 14 the ten conditions of approval, one of which includes the hours of operation. He asked 15 how those conditions are incorporated into the Council's resolution. 016 Morrison noted the reference contained within the Council resolution stating"...in 17 agreement with the findings of the Planning Commission at their December 19, 2000, 18 meeting..." 19 Mayor Cavanaugh stated his preference to have the process streamlined so the conditions 20 are explicitly outlined within the Council's resolution. 21 Horst stated this has always been a question, and what happens to the conditional use 22 permits once approved. 23 Attorney Gilligan stated some cities have a written conditional use permit agreement 24 which itemizes the conditions placed on approval and is signed by the applicant. The 25 Council stated their agreement to direct the City Attorney to draft such a document for 26 signature. 27 Morrison reviewed the approvals that are granted which require conditions of approval to 28 be itemized and met prior to issuance of a certificate of occupancy. 29 Motion by Hodson to adopt Resolution 01-022, re: Conditional Use Permit incorporating 30 additional language as proposed by legal counsel to itemize conditions 1-10 as contained 031 on page 10 of the December 19, 2000 Planning Commission Meeting minutes. 32 Motion carried unanimously. . 10 City Council Regular Meeting Minutes January 9, 2001 • Page 10 1. d. Resolution 01-023. re: Sian Variance. 2 Planning Commissioner Stille advised that the applicant has withdrawn their request for 3 an electronic readerboard sign variance. However, a variance on the sign is still being 4 requested to increase the size to 50 square feet per side. Stille explained the Planning 5 Commission only considered the copy variance and the motion to recommend approval 6 of the Sign Variance failed on a split vote since the hardship criteria was difficult to meet. 7 Stille noted the applicant is not requesting a pylon sign or a lot of wall signage. 8 However, it was difficult to make a finding of hardship. 9 Stille noted a subcommittee has been formed to address the possible need to revamp the 10 Sign Ordinance to address electronic readerboard issues. 11 Morrison stated the Planning Commission is correct in indicating it is difficult to find a 12 hardship for a sign variance. He explained that businesses have applied for a 13 comprehensive sign package which allowed them to propose a larger ground sign if they 14 did not have a wall sign. In this case, they could not apply for a comprehensive sign 15 package because they did not meet the definition. �16 Horst explained that a number of years ago there.were questions about wanting ground 17 monument signs and how large they should be. The City tried to come up with a sign 18 proposal that would be consistent, present what the City wanted to see constructed, and 19 not require variances. Horst stated if this larger ground sign is approved, the"bar" is 20 moved up and creates a new basis of 50 square feet. He stated the Council needs to 21 determine if this is the standard the City wants to set since others will expect the same. 22 Hodson stated in looking at the current sizes, reviewing history, and the criteria used, 23 perhaps the Planning Commission should revisit that criteria. He commented on"smart 24 growth" of a first ring suburb and questioned if there is a need to revisit the sign 25 ordinance. 26 Horst commented on the.regulations used.by another community where the signs are too 27 small to read. He stated that a balance is needed and he is cautious about considering this. 28 sign variance. 29 Mornson noted the proposed resolution denies the variance which would still allow them 30 to erect a ground sign-that meets the ordinance requirement for square footage. He 31 commented on the study conducted seven years ago and the result that sign variances 32 have not been requested up to this point. 33 Mr. Mike Kalscheur, representing TOLD Development,thanked the Council for the 034 actions they have taken tonight. He stated he thinks the intent of the City's Sign 35 Ordinance is clear and he tried to determine how their needs would fit within those 11 City Council Regular Meeting Minutes • January 9, 2001 Page 11 1 requirements. Mr. Kalscheur noted that Walgreens is unique in.being a stand alone 2 retailer with 15,000 square feet, much smaller than other stand alone retailers such as 3 Target. He stated if a 15,000 square foot strip center were proposed, the Ordinance 4 would allow for a 150 square foot monument sign as opposed to a 64 square foot . 5 monument sign. He suggested that their signage needs do not fit the typical signage 6 needs which the Sign Ordinance does a good job of addressing. He stated that 50 square 7 feet per side would better fit their signage needs. Mr. Kalscheur noted the unique 8 characteristics of this site including a 20 foot wide utility easement on the eastern side of 9 the building which resulted in having to push the building farther back from Silver Lake 10 Road than is typical. Also, if traveling southbound on Silver Lake Road, the trees along 11 the railroad tracks block the view of the building. If traveling northbound,the residential 12 homes make the view difficult as well. In addition, the elevation falls from east to west 13 so their floor elevation will be five to six feet lower than the elevation of Silver Lake 14 Road. Mr. Kalscheur stated they want to be sensitive to residents so the building signage 15 used is not very intense. He suggested that their situation is unique and they feel making 16 a sign variance request is more appropriate than requesting an ordinance revision. Also, 17 they feel the proposed sign will be in better scale with the building. .18 Mr. Ialscheur pointed out the location of the proposed sign on the southeast corner in an 19 east/west orientation. 20 Hodson asked if a 15,000 square foot multi-use building would have the ability to get 150 21 square feet of signage. Morrison explained that if the building has multi-tenants, the 22 ordinance contains a provision to exceed the sign square footage. 23 Hodson noted that a Walgreens business includes a pharmacy, photo shop, etc. which is 24 somewhat of a multi use. 25 Mayor Cavanaugh noted that approving this variance would result in setting a precedent 26 and raising the "bar" for others to request the same. He stated that would move off the 27 established standard and asked the Council if they want to consider establishing that, 28 precedent. 29 Horst stated that approval of a variance cannot be considered lightly and a hardship must 30 be found to consider approval. 31 Mayor Cavanaugh noted the Planning Commission recommendation, on a split vote, to 32 maintain the standard. He stated he is uncomfortable with changing the "bar." 0 33 Thuesen stated he understands the justification for the request and some of the rationale 34 seems logical. However, he is also uncomfortable with approving the variance use due to 35 the future requests that may be received. Thuesen stated the City needs to have flexibility IL2 City Council Regular Meeting Minutes January 9, 2001 ® Page 12 1 for businesses and to assure fairness. He explained,that it would have been helpful if a 2 visual presentation could have been made so all understand how it would look. 3 Mayor Cavanaugh stated the electronic readerboard sign was discussed by the Planning 4 Commission as well. He suggested the sign size variance request be returned to the 5 Planning Commission for further debate, without the issue of the electronic readerboard 6 sign. 7 Horst stated he would not object to that but noted this decision is the Council's 8 responsibility. He stated his desire for consistency. 9 Thuesen asked if the sign can be placed on a berm. Mr. Kalscheur stated the sign is 10 proposed to be on an eight foot berm which is all the ordinance allows. 11 Sparks asked why the request should be returned to the Planning Commission. Mayor 12 Cavanaugh stated he did not believe the issue had good closure at the Planning 13 Commission and the issue of the electronic readerboard has now been removed. •14 Stille.stated it was not indicated at the Planning Commission meeting that the building 15 would be located farther back and lower than Silver Lake Road. 16 Thuesen stated that may or may not be considered as a hardship so he would support 17 having the Planning Commission revisit this request and consider whether the City 18 should raise the "bar." 19 Mayor Cavanaugh corrected that bus service exists on Silver Lake Road and he thinks the 20 bus shelter will be reconstructed. Af 21 Mr. Kalscheur stated they are unclear about the bus service or whether the shelter will be 22 rebuilt. With regard to the referral back to the Planning Commission, he stated the 23 signage issue is very important to Walgreens and impacts signing the lease. He advised 24 that this site has not yet closed so he may have to take his chances that Walgreens will 25 accept a smaller sign with the absence of an electronic readerboard. 26 Council consensus was reached to refer the Walgreens sign variance request back to the 27 Planning Commission with the Council hearing the matter at the January 23, 2001 28 Council meeting. 29 Sparks asked when the subcommittee will make a recommendation on the electronic •30 readerboard signs. Stille stated the potential sign location in front of City Hall was 31 discussed but found that the visibility was poor so an alternate location will be 32 considered. He explained that the sign representative will be asked to come out again. +13 City Council Regular Meeting Minutes • January 9, 2001 Page 13 1 _ Sparks asked about a sign location by the tennis courts. Stille stated he does not think' 2 that is a good place due to restricted.visibility but they can revisit that.site. 3 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 4 City Manager's report: 5 City Manager Michael Mornson stated an update on the pay equity report will be presented at the 6 January 23, 2001 Council meeting. He advised that the City has been found, by an outside 7 consultant, to be in compliance with that law. 8 Mornson stated the sale of tax abatement bonds will be on the January 23, 2001 agenda to fulfill 9 the Central-Park redevelopment project. 10 Mornson advised that based on the resolutions approved tonight to authorize hearings for the 11 February 13, 2001 Council meeting, the agenda will also include items to award the bid for that 12 project and authorize the bond sale on March 13, 2001 to raise revenue for the project. 13 Mornson advised that the investment analysis is 2/3rds complete and will be presented at the - •14 February 13, 2001, or March 13, 2001 meeting. 15 Mornson advised the bids for the Opticom System will be presented at February 13, 2001 16 meeting. 17 Mornson reported they got signatures for the purchase agreement for Custom Liquidators and 18 will proceed with due diligence and examination of the title. Also, SEH is doing the survey and 19 Phase I, and will report on the condition of the building and estimate of costs to fix it. Mornson 20 noted the transaction must close by April 15, 2001 so staff will present the SEH report to the 21 Council at the March 13, 2001 meeting. 22 Mornson noted the HRA will hold a public hearing to amend the tax increment district to allow 23 use of TIF to purchase the building. 24 Mornson recommended that for the first three months of the year, the City Attorney attend all 25 Council meetings. 26 Thuesen stated he is glad to be moving forward with the Opticom System which will result in 27 better safety. 28 Thuesen reported on the proceedings of the January 8, 2001 Park Commission meeting including •29 the quality of the Central Park project. He advised of the subcommittees they formed to address 30 park shelter designs and other issues. Thuesen stated they would like Maurice Anderson to work 31 as a consultant to oversee the park development and BRW procedures. He stated he has a sense - 14 City Council Regular Meeting Minutes • January 9, 2001 Page 14 1 there has been miscommunication between the_Commission and BRW so they want to involve 2 Mr.Anderson in the process. Thuesen stated there may be situations where Mr: Anderson holds 3 a different opinion than Bob'Cost of BRW so a process will need to be established. The 4 Commission also discussed at what point they sever ties with Mr. Anderson. If the Council 5 approves using Mr. Anderson, some parameters need to be established. Thuesen commented on 6 the need to be proactive. 7 Morrison stated his understanding there has been some misunderstanding between the Park 8 Commission and BRW, and he feels Mr. Anderson may be a positive link to resolve those issues. 9 He recommended the Council approve the hiring of Mr. Anderson at an hourly rate and to allow 10 the Park Commission Executive Board to work out the details. 1 l Hodson stated he thinks this is an excellent idea because he has concerns with regard to BRW 12 and some of the specifications they have put together. He would like to assure there is a separate 13 opinion on those specifications. Hodson stated this will be an excellent opportunity for some 14 "checks and balances" in this process. 15 Mayor Cavanaugh stated a meeting was already held with Mr. Anderson who had questions 16 about qualifications to review specifications. He sated he believes this hourly rate is more than 17 reasonable and would improve communication between all parties. 18 Horst noted the Parks Commission is a body that makes recommendations and its responsibility 19 is not necessarily one of oversight. He also noted there are differing opinions within the Parks 20 Commission. 21 Thuesen stated he thinks that Mr. Anderson will help to bring those differing opinions together. 22 Thuesen stated when the bid was put out, a question was raised to bid the building separately so 23 that will be further discussed. He presented the estimated time line and advised that Bob Cost 24 felt the project was about two weeks behind schedule. 25 Motion by Hodson to approve a contract with Maurice Anderson at the indicated rates. 26 Motion passed unanimously. 27 Sparks commented on the e-mail messages she had received about dissatisfaction of the quality 28 of ice at Silver Point Park. She asked if something can be done to remedy.the bumpy ice 29 condition and commented on the desire to provide high quality service. 30 Morrison stated the other two rinks have smooth ice. He noted that the Park Commission was 31 advised that it would be difficult to create smooth ice at Silver Point Park due to the slope of the 15 City Council Regular Meeting Minutes January 9, 2001 Page 15 l ground. Morrison stated staff will look at the option of grading the rink area so the ice is more 2 smooth. 3 Hodson stated he also received several calls about Silver Point Park. He noted the ice at Emerald 4 Park contains pits and inconsistency as well as an odor. He stated he thinks there may be some 5 opportunity for improvement. 6 Thuesen stated if the ground at Silver Point Park is regraded, the issues of flood protection need 7 to be addressed to assure it is not compromised. 8 Thuesen stated the Park Commission is requesting a liaison to the weekly construction meetings 9 so they are better able to report back to the Parks Commission on the process. 10 Sparks stated a committee will be formed to look at improvements to City Hall and they hope for 11 resident involvement. The deadline to apply for that committee is February 2, 2001. Sparks 12 stated the issue of the City not owning tables was raised and will be addressed by this committee 13 Morrison advised that one application for that committee has been received.. 014 Mayor Cavanaugh stated there is a parking problem on St. Anthony Boulevard by St. Charles. 15 With heavy snows, emergency vehicles are having a difficult time getting through. He stated he 16 will work with staff on that issue to determine if parking should be restricted to one side during 17 church hours. 18 Mayor Cavanaugh reminded the Councilmembers to submit their assessment for the upcoming 19 retreat. He advised of the upcoming meeting to discuss the Community concert events. 20 Mayor Cavanaugh announced meeting dates for the Northwest Quadrant Task Force on January 21 18, 2001 at City Hall where consultant data will be presented and the Community Prevention 22 Coalition on January 18, 2001 at the Community Center. 23 Mayor Cavanaugh stated he noticed an advertisement in the Northeastern about the new fitness 24 center at Apache Plaza. 25 XII. INFORMATION AND ANNOUNCEMENTS 26 None. 27 XIII. ADJOURNMENT.. 28 Motion by Sparks to adjourn the meeting at 9:25 p.m. 09 Motion carried unanimously. -16 City Council Regular Meeting Minutes • January 9, 2001 Page 16 1 . Respectfully.submitted, 2 Carla Wirth 3 Timesaver Off Site Secretarial, Inc. .4 5 Mayor 6 ATTEST: 7 City Clerk B RC-F I NANO I Al__SYSTEM_-______._____._____. _ - _SZ.__AN.T_H01_C{SILL • 01/12/2001 09: Check Register GL540R-VO6.27 PAGE -- _-.-- .BANK ___-- .---VENDOR -- -__--- - C.HEt'll{# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT ^ 00831.1 . ALL SAINTS BRANDS DISTRI 17643 01/24/01 47.85 004225 ALLIANT .FOODSERVICE 17644 01/24/01 528,37 _______._004015 - AMERIPRIDE__LINEN--___ 126_45 -._Is-4/-Qi X26-A-8 008726 APACHE PRINT INC . 17646 01/24/01 383.4.2 004030 ASCAP 17647 01/24/03. 714.40 -----.__--008692 --AT&T.. 004107 COMPTON 'S COMMERCIAL CLN 17649 01/24/07. 2,445.95 008437 DIRECTV 17650 01/24/01 37.36 004120 __EAGLE- WINE _CO -____- _-___ 1_7_651 01 /?.5 L0_i____ 3 _>TJ- 004141 F'RITZ COMPANY, INC . 17652 01/24/01 1 ,789. 15 001030 G & K SERVICES INC 17653 01/24/01 103 .24 -GRIGGS _COOPER-A. CO_-INC_ 17_65_4_0J_/_2_4 IAII 8571 78 008617 HINNENKAMP/WAYNE 17655 01/24/01. 65.00 .00001 JCDK TELECOMM, INC 17656 01/24/01 80.00 JOHNSON . BROS, _ LIQ..____-.__ 17657 01/24/QI i1-,RZ6,",1, 004230 KUETHER DISTRIBUTING CO 17658 01/24/01 836.30 008263 MCLEOD USA, INC . TEC 17659 01/24/01. 659 .21 _ .. 008671_. MENGELKOCH Co. 004272 METZ BAKING CO 17661 01/24/01 35.30 004299 MPLS. OXYGEN CO. 17662 01/24/01 9.60 404339 NTN COMMUNICATIONS___INC-____ 1.7_66-3-Q11.2_�iLO_i. _ 4-aO-OD-- 000045 OFFICE DEPOT" 17664 01/24/01 90.08 004345 OLD DUTCH FOODS INC 17665 01/24/01 17 .76 004360 PHILLIPS WINE- & SP.IRITS.____ _________.___1.7_.bbb_n_1.L.24/Q1_-._ 004376 PRIOR WINE CO 17667 01/24/01 234.79 004385 QUALITY WINE CO 17668 01/24/01 4,062.25 008219 OWEST DEX - -------.----- -------1.7.669 1-/_2LUJ..-_----1 �LZ2- 008597 R.D. HANSON ASSOC . , INC . 17670 01/24/01 115.25 004393 RON 'S ICE 17671 01/24/01 448 .74 .00002 SESAC , IhIC . -1.26_,9SL- 004466 SYSCO-MINNESOTA 17673 01/24/01 479.69 004.480 TWIN CITY FILTER SERVICE 17674 01/24/01 115.77 _____008316_-_.___WINE-C OM P AN_Y_LTHF gLS?SL- 008310 WINE MERCHANTS INC 17676 01/24/01 182.59 002680 -XCEL ENERGY 17677 01/24/01 2;263. 14 -ZEP._MFG_.COMPANY-_-- LIQUOR CHECKING ACCOUNT 42,913.78 18 ____BRC.__F.INANCIAL .SYSTEM___. __-.. -___--- - ST..-ANTHONY VSL • 01/17/2001 12: Check Register GL540R-VO6.27 PAGE -.--- -- BANK --- .-.. - ------ VENDOR .._. _. _ - ------------------ CHECK#. DATE -AMOUNL_ FIRS FIRSTAR ST. ANTHONY CHECKING 008471 AIRGAS NORTH CENTRAL 13727 01/23/01 61 .58 008531 ARRIGONI BROTHERS CO 13728 01/23/01 34,842.80 __008511 _.._ - AT--&T_WIRELESS__--------- .00009 ATOM 13730 01/23/01 25.00 008729 BIG BOB 'S NEW & USED CAR 13731 01/23/01 191 .70 .__007168 . ___ BOYER ..FORD. -TRUCKS,__INC.----------137.32._OJ /_23/._01_--__ -183.._13- 005136 BRISKI/TIM 13733 01/23/01 500.00 008672 BROADWAY PIZZA 13734 01/23/01 61 .50 _.-__000535 _ __ ..BUREAU OF- _CRIMINAL-. AP_PRE.--_- 13.7.35-O.il_23LOt-- _-600.0.0- 008201 CARDINAL/KEVIN 13736 01/23/01 165.00 008728 CARLSON TRACTOR & EQUIP. 13737 01/23/01. 333.02 -008730__._._.-_-.CATCO___CLUTCH __&--TRANSMISS_--_ i 3.7_3 8-0112 3/_0.1- _3Q3_7n 004065 CENTRAL LOCK & SAFE CO 13739 01/23/01 13.96 008234 CHRISTMAN, JACK 13740 01/23/01 500.00 _008577 CITY OF ST. PAUL .._ -.-137__41-0-1/23/_01- -__1.35..08_- .00001 CITY OF WHITE BEAR LAKE 13742 01/23/01 750.00 000655 CLARF_Y 'S SAFETY EQUIPMF_N 13743 01/23/01 357.50 .___004107 COMPTON 'S COMMERCIAL.._.CLN._______-_--___137_44__O_i./_23/_0J- - --_3.,987 36-- 008109 CORNER HOUSE 13745 01/23/01. 806.00 000815 COTRONEO/DOMINIC 13746 01/23/01 550.00 • _.__= 007382 _ __...CROWN_,FENGE .& -:WIRE-COMPA;-- 137_.47-Oi/?3L0J --�� 11-0.8- 008431 DAKOTA COUNTY TECH. COLL 13748 01/23/01 500.00 008429 DEPARTMENT OF PUBLIC SAF 13749 01/23/01 510.00 008151 DIEGNAU/DANIEL 007371 DISCOUNT STEEL, INC . 13751 01/23/01. 16.06 008338 DOKKEN/MARK 13752 01/23/01 500.00 001411 DON HARSTAD Co. , -INC . __----____.___137.53._.01/.23/_0.1_-- 72.00.__ 000820 DORSEY & WHITNEY 13754 01/23/01 5,993.92 _ 008169 DOZE/CHRIS 13755 01/23/01 165.00 ___ _ _005122___._._ DRUSCH/DONALD __.______.._.-----.-___-___s-3756 Q1123-401 -350--OD- 008727 EHLERS & ASSOCIATES 13757 01/23/01 1 ,400.00 . 008362 EMBEDDED SYSTEMS, INC. 13758 01/23/01 384.00 _.000860_ __...._ENGST.ROM/RICHARD __ 13759-01123/_01 550_.0-0- 008618 EVEhISON/TIM 13760 01/23/01 165.00 008496 EVERGREEN- LAND- SERVICES 13761 01/23/01. 845.00 T/CHRIS.._ 115_._0SL 008153 FILTERFRSH 13763 01/23/03. 64.48 .00011 FIRSTAR CORPORATE TRUST 13764 01/23/01 225, 185.63 ._..FOSTER,WENTZELL,HED.BAC.K,_---._137.65--O-.11_..23/._Qi ___3_,00000- __ 00010 FOUR POINTS HOTEL 13766 01/23/01 128.62 008647 FRATTALLONF_ 'S HARDWARE 13767 01/23/01 187.97 13768 CZi_L23L0.1 35-0-00 001025 G & K SERVICES 13769 01/23/01. 121 .76 001030 G & K SERVICES INC 13770 01/23/01 233.28 ___001145..___ --GLENWOOD_..INGLEWOOD 1.37J_i-Ol./_23/_Oj. 26.,0-9- .00002 GODFATHERS PIZZA 13772 01/23/01 26.00 001250 GRAINGF_R INC/W W 13773 01/23/01 87. 14 -008715--_. _ GREAT_WERSTERN._CORPO RAT I _--.137_7_4-011_23L0.1 22,572-00- .19 q--BRC ,FINANCI,l-'lL -SYSTEM -- --------------- ST-.-ANTHONY-VILL 01/17/2001 12: Check Register GL540R-VO6.27 PAGE - - _-------BANK-.--- - ---. VENDOR -. . -----.------ -- CHECK#-_DA-TE AMOUNT_-- FIRS FIRSTAR ST. ANTHONY .CHECKING 008191 HALET/JEFFREY . 13775 01/23/01 165.00 005139 HALL/MONROE 13776 01/23/01 165.00 .00003 ____ _HAR-MAR .LOCK -& _SVC_-CTR.--.----137_7_7 0.1_/_23/-01 1-7_..9.8- 001420 HAWKINS WATER TREATMENT 13778 01/23/01 862.35 008625 HENN CNTY CHIEFS OF POLI 13779 01/23/01 80.00 001505 - --- HENN CO SHERIFF_-._____--_----_137.80_01./-23/-0.1 --1 ,075.86 008376 HENNEPIN CNTY SHERIFF 'S 13781 01/23/01 10,559.37 008472 HESS/SHANE 13782 01/23/01 500.00 HEWITT/JOEL _- ----- -- --------13783__01./_23/01 _350-0a 008731 HIDIRECT ADVANCED LIGHTI 13784 01/23/01 203.40 008252 HOME DEPOT-GECF 13785 01/23/01. 34.61 _ -__--_-_008239_.__._HOSKA/JIM-_-_.-__- _ 13.786-01L23/_01 1.65__0-0- 008718 HUDDLE/MICHAEL 13787 01/23/01 500.00 008209 HUGHES/MICHAEL - 13788 01/23/01 165.00 HUGILL/KENNETH__.___-_____- _ 1-3789_0.1123/_01 _ 1.65_.-00- 008442 JOHNSON/DAN 13790 01/23/01 500.00 007352 KATH FUEL_ OIL SERVICE 13791 01/23/03. 1 ,391 .80 __. ._008680 LARSON .ALLEN _WEISHAIR_3,___.___ 13.7_22_OJ_L231_0_L. 7,50.,00-_ 001980 LEAGUE OF MN CITIF_S 13793 01/23/01 150.00 • 008160 LEBENS/MARK 13794 01/23/.01 500:00 008229.- LOFFLER BUSINESS__..SYSTEMS____- �3Z95�1 -23L01- 10.9-R4 005135 LUNDEEN/RICHARD 13796 01/23/01 165.00 002395 M T I DIST CO 13797 01/23/01 75.59 002125 _ MALENICK/JOHN . _ __ __- --------1379.8___0.1/23/0.1- __--350..0_Q-- 002130 MAMA 13799 01/23/01 45.00 008226 MANGSETH/JON 13800 01/23/01 500.00 008721 MASYS CORPORATION .. _.-.-..---___ --_1380.1_01/.23/_0.3` _.6,_250-_5.Q-_ 008723 MCCLANAHAN/KELLY 13802 01/23/01 165.00 008263 MCLEOD USA, INC . TEC 13803 01/23/01 716.44 ___METRO . CHIEF_OFFICE-RS_ASN, 13 OA--O- -2.3/_Q] 1_Q-O-.Q-Q_ 007835 METROCALL 13805 01/23/01 22.67 003070 MILLER/ROBERT 13806 01/23/01 350.00 002060 CO_M 13807 01/23/01 36 8= 008424 MINNESOTA CHIEFS OF POLI 13808 .01/23/01 520.00 008269 MINNESOTA SHREDDING LLC 13809 01/23/01 69.00 __00-80.45 MN. COUNTY ATTYS_ASSN-_--________13810_01/23/01 57.50 008720 MOORE/DAL_F_ 13811 01/23/01 500.00 008409 MOSEY/MARK 13812 01/23/01 500.00 .00004 VIDEO____.__-_- 13813 01/23/03. 73.54 _ 002475 MUNI CI-PALS 13814 01/23/01 20.00 008719 MURPHY/HF_IDI 13815 01/23/01 500.00 _.00006NATL-_FIRE-. PROTECT.I ON ASN 13816 01/23/01 115.00 005125 NERHEIM/STEPHEN 13817 01/23/01 165.00 008724 NISELL/ERIK 13818 01/23/01 165.00 0073.17 - NORTHERN_ WATER_WORKS SUP 13819 01/23/03, 157.90_ 000045 OFFICE DEPOT 13820 01/23/01 1 ,680.66 005168 OHL/JOHN 13821 01/23/01 550.00 005123 OLSON/J.AY_______ 13822 01/23/01 350.00 .2O _-_BRC__FINANCIAL. SYSTEM_-_____._____.--- ST_._ANTHON`-_V-IL 01/17/2001 12: Check Register GL540R-VO6.27 PAGE _-. _._BANK_-- VENDOR --- CHECK#-DaTE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 008640 OSELL'S . CUSTOM FRAMES 13823 01/23/01. 105..33 008528 PACE ANALYTICAL SERVICES 13824 01/23/01 270.00 ___._008631 _____-PARTS _PLUS _.ROSEV.ILLE_ _-13825_0.1_/_23/_01 --1.0-28-- PETERBILT NORTH 13826 01/23/01 17.88 008594 002820 PETTY CASH-FIRSTAR ST. A 13827 01/23/01 103.09 _.__ ________. 002860 _.__. PFEIFFER/RICHARD.-_ 1 3828__O 1_/23/_01_-___ 35.0.__00- 008369 POSTMASTER 13829 01/23/01 125.00 004492 QWEST 13830 01/23/01 224.36 _...._. _008372 .._ _ _ .OWEST .INTE RAC T_SERVICES_. - 13831_01/_231_0.1 ___49_95 005082 RAMSEY COUNTY CHIEFS OF 13832 01/23/01 20.00 002380 RELIANT ENERGY MINNF_GASC 13833 01/23/01 6,295.47 008282 RESOF.T, __I NC. _._-_-_ 1 383.4 01 P_31-01 96.0_.._00 000788 RIGNELL/DANIEL 13835 01/23/01 165.00 005270 ROSEVILLE RADIO 13836 01/23/01 53.25 __._.. .00012 __ ._ SANDNESS_CONST.RUCTION 13237 oiL23LQ1 5_,4.7.8_..00 005131 SCHMITZ/DIRK 13838 01/23/01 165.00 007155 SCHOLL/JEFFREY M 13839 01/23/01 550.00 _. .SCOTT-._000NTY. ._ .00007 SFI 13841 01/23/01 117.96 008725 SITARZ/MARK 13842 01/23/01 165.00 • _008214_ SNYDER _.DRUG :_ ___._:_. - ----].38.4.3=0.1.1_231_01 008344 SPIESS/JEFF 13844 01/23/01 500.00 008345 SROGA/JEREMY 13845 01/23/01 500.00 008382 SUN BADGE CO. 00- 008620 SUNDE/TRESSA 13847 01/23/01. 500.00 005126 SWANSON/SCOTT 13848 01/23/01 165.00 003560 TRACY _ PRINTING. _________ - --138.49 01/_23.L0J-- 356_.4IL 007330 TRI STATE BOBCAT, INC . 13850 01/23/01 2, 130.00 008695 TWIN CITIF_S TRANSPORT AN 13851 01/23/01 116.00 .......008336 UNITED _ELECTRIC_ .COMPANY__- -13852 01./_23/_0.1_ 27_.59 _ .00008 UNIVERSITY OF MINNF_SOTA 13853 01/23/01. 135.00 008227 VERIZON WIRELESS, BELLEV 13854 01/23/01 1 ,010.60 I/JAMES_J -x.2855 Oil_?_3L0_L 540.00 002680 XCEL ENERGY 13856 01/23/01 2, 177.22 003820. ZAHL EQUIPMENT COMPANY 13857 01/23/01. 74.92 003$40 :_._.-ZEP_..MFG_COMPANY--_-_ �� 3858 0.1L23L01 62-84 _ FIRSTAR ST. ANTHONY CHECKING 366,755.04 Funds due for Bond issue 2930 Page 1 FIRST FIRSTAR BANK, N. A. CORPORATE TRUST Without Boundaries cu 425 WALNUT STREET, CN-WN-06CT CINCINNATI, OH - 45202 CITY OF ST ANTHONY Receivable #: R101020119715 ROGER LARSON FINANCE DIRECTOR 3301 SILVER LAKE ROAD SEI Number: 57123 ST ANTHONY, MN 55418 RE: CITY OF ST ANTHONY MN As of date: 12/28/2000 GENERAL OBLIGATION STORM SEWER REVENUE BOND SERIES 2000A BI # 2930 Debt Service Due: 02/01/2001 Interest on bonds: 48, 405. 00 *Total Debt Service Due: * 48, 405. 00 • jZobo ?�teXc-T-. 01-4.jA -----------.---------------------------- ST ANTHONY MN00A Authorized Signature FL All payments are due in collected funds on the payment date. Payments by check must be received 1 day prior to due date to allow time to collect funds. Please retain original and return duplicate with your remittance. To wire funds, these are the instructions: Firstar Bank, N. A. ABA # 0750-0002-2 ACCOUNT # 75557-7202 • Bond Issue # 2930 zD� Funds due for Bond issue 163C Page 1 �ET�E IR- 5 AR y � FIRSTAR BANK, N. A. CORPORATE TRUST Bank LVithoutBoundaries GU 425 WALNUT STREET, CN-WN-06CT CINCINNATI, OH 45202 CITY OF ST ANTHONY Receivable #: R101020119877 ROGER LARSON FINANCE DIRECTOR 3301 SILVER LAKE RD SEI Number: ST ANTHONY, MN 55418 RE: ST ANTHONY MN As of date: 12/28/2000 GO IMPROVEMENT BOND DATED 3-1-95 SPRINGSTED CONSULTANT BI # 163C Debt Service Due: 02/01/2001 Interest on bonds: 19, 500. 00 Maturities: 45, 000. 00 *Total Debt Service Due:-* -64, 500. 00 ------------------------------------ ST ANTHONY MN 8564 Authorized Signature AN All payments are due in collected funds on the payment date. Payments by check must be received 1 day prior to due date to allow time to collect funds. Please retain original and return duplicate with your remittance. - To wire funds, these are the instructions: Firstar Bank, N. A. ABA # 0750-0002-2 ACCOUNT .# 75557-7202 • Bond Issue # 163C VIII. PUBLIC HEARINGS. A. Amend Chandler Place TIF Plan (Resolution 01-031 ) . 21 • CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING ON AMENDMENT TO TAX INCREMENT FINANCING PLAN OF THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony will hold a public hearing on an Amendment to the Chandler Place Tax Increment Financing Plan (the Financing Plan) of the St. Anthony Housing and Redevelopment Authority(the HRA)-at 7:00 p.m. on Tuesday,January 23, 2001 in the City Council Chambers at the City Administrative Offices, 3301 Silver Lake Road,St. Anthony,Minnesota. The amendment to the Financing Plan identifies property proposed to be acquired by the HRA with tax increments derived from the Chandler Place Tax Increment Financing District of. the HRA(the District) established by the Financing Plan. Set forth with this notice is a map showing the area included in the District, which is the area from which tax increments are derived, and the area which, in addition to the area.included in the District, is the area in which the tax increment derived from the District may be expended. All who wish to be heard as to the amendment to the Financing Plan will be given an opportunity to express their views at-the time of the public hearing or may file written comments . with the City Manager prior to the public hearing. By/s/Connie Kroeplin City Clerk Publish: St. Anthony Bulletin January 10, 2001 llR7 Wom . 22 LARX i I I 1! I i j � 1 m t a i m ! . l I NEW ERMMON' Z. - - - - l r. as ur s City of St: Anthony" i 1 b a 1 � Y i I RULSEY CO. NC4!•GPW CO. 1 WM%IdM Puk lgI l School 9 1 I 1 Area in Chandler TIF District. I si c=QILl Put I a a. .. .L Clrj Han Areas in addition to area in the !Heels g Mth • . . Sclml i E Chandler TIF District where a.K�L i 6 funds from the Chandler TIF l y .� District can be expended. 1 � 1 1 . i I i 1 M Poet Put 8 I � 7 i 1 . t < rr=Put a.a I i %.1 • U 1 C t S ' I " C lmar�wcus rrn . c.o r� &nerd 14t — — ------ —-- ®' NO SCALE M I 23 • CERTIFICATE CITY OF ST. ANTHONY I, the..undersigned being the duly qualified.City Clerk of the City of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 01- 031 Resolution Approving 2001 Amendment to Tax Increment Financing Plan for Chandler Place Tax Increment District(Ramsey County No. 58) and Making Findings With Respect Thereto 4. I further certify that the affirmative vote on said resolution was . ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this day of , 2001. Connie Kroeplin, City Clerk (SEAL) • 24 • RESOLUTION NO. 01- 031 RESOLUTION APPROVING 2001 AMENDMENT TO TAX INCREMENT FINANCING PLAN FOR CHANDLER PLACE TAX INCREMENT DISTRICT (RAMSEY COUNTY NO. 58) AND MAKING FINDINGS WITH RESPECT THERETO . . . BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota as follows: 1. The Commissioners of the Housing and Redevelopment Authority of the City of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto (the "Redevelopment Plans") and redevelopment projects (the "Redevelopment Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with certain of the Redevelopment Plans and Redevelopment Projects, the HRA and the City have approved Tax Increment Financing Plans (the "Financing Plans"), which establish two tax increment financing districts which are designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"), In 1995 the Board of Commissioners of the HRA and the City approved an : amendment to the Redevelopment Plans and the Financing Plans which is entitled"Master.. Modification to Redevelopment Plans and Tax Increment Financing Plans" (the "Original Master Modification"). The Master Modification combines the areas subject to the Redevelopment Plans and expands the area subject to the Redevelopment Plans and authorizes the expenditure of tax increment revenues derived from the Districts to pay public redevelopment costs in the additional area made subject to the Redevelopment Plans and on November 13, 1996 the Board of Commissioners of the HRA and the City approved amendments to the Original Master Modification designated as "1996 Amendments to the Master Modification to Redevelopment Plans and Tax Increment Financing Plans (the "1996 Amendment"), which included additional property in the area subject to the Redevelopment Plans and amended the Financing Plans to authorize additional expenditure of tax increment revenue derived from either of the Districts. The Original Master Modification, as amended by the 1996 Amendments is herein called the "Master Modification". The HRA has approved an additional amendment to the Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58)(the "Chandler District") which is entitled "2001 Amendments to Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58)" (the "2001 Amendment") to identify property which the HRA intends to acquire with the tax increment revenues derived from the Chandler District. 2. This Council on January 23, 2001, held a public hearing on the 2001 Amendment after notice of the public hearing was published in the official newspaper of the City 25 ® not less than ten (10) days prior to the date of the hearing. At such public hearing all persons desiring to be heard with respect to the 2001 Amendment were given an opportunity to express their views with respect thereto. 3. This Council has previously found that the Chandler District is a housing district within the scope of Minnesota Statutes Section 469.174, subdivision l I. and the.1996 Amendment will not change such prior findings. The 2001 Amendment further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment Projects and the Financing Plan for the Chandler District, by redeveloping property in the City and by providing needed facilities which will be of benefit to all residents of the City, including those residing in the area subject to the Redevelopment Plans. 4. Pursuant to Minnesota Statutes, Section 469.175, subdivision 4, it is hereby found that: (A) Chandler Place Tax Increment District is a housing district, as defined in Minnesota Statutes, Section 469.174,, subdivision 11, for the reasons set forth in previous findings by this Council, and the 2001 Amendment does not alter these previous findings. (B) The proposed development to be undertaken in accordance with the Redevelopment Plans, as amended by the • Master Modification and 2001 Amendment; in the opinion of this Council would not occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. (C) The Financing Plan for the Chandler District, as amended by the Master Modification and 2001 Amendment, conforms to the general plan for the development of the City as a whole. (D) The Financing Plan for the Chandler District, as amended by the Master Modification and the 2001 Amendment, will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the.area subject to Redevelopment Plans by private enterprise. (E)The City confirms its election of the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, subdivision 3, clause (a) with respect to the Chandler District. -2- 26 Passed by the Council this 23`d day of January, 2001. Mayor Attest: City Clerk Reviewed for Administration: City Manager -3- • IX. GENERAL POLICY BUSINESS OF THE COUNCIL. B. Resolution 01-026 C. Resolution 01-027 D. Resolution 01-028 E. Resolutions 01-032 and 01-033 F: Resolution 01-030- G. Resolution 01-029 H. Resolution 01-025 -tea ergo To: Connie Kroeplin, St. Anthony City Clerk From: Thomas May, Hennepin County Assessor Date: December 21, 2000 Re: 2001 Local Board of Review Dates Tuesday April 10.2001 Day of the Week Date Minnesota Law requires that I, as County Assessor, set the date for your Local-Board of Review Meeting. After reviewing previous meeting days and your suggestions.of last year..the above date was selected. I sincerely hope that it is agreeable with your council.- • As there must be a quorum, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm the date set out or call Bill Effertz at 348-3388 with your alternative date by January 19, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 or 7:30 p.m., but will discuss it with you if you wish a different time. Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required by law. Please return to JoDee Schinkel,A-2103 Government Center,Minneapolis,MN 55487 ------------------------------------------------------------------------------------------------------------------------------------- CONFIRMATION Municipality: Date: . Time: tPlace. For selecting meeting dates in future years, the following information will be helpful +28 CITY OF ST. ANTHONY RESOLUTION 00-026 A RESOLUTION ADOPTING GUIDELINES FOR A CITY-WIDE FLOOD RELIEF,PROGRAM_ AND PROVISION FOR FUNDING WHEREAS, the City Council of the City of St. Anthony approved a Storm Water Capital Improvement Program, which included the initiation of a Flood Relief Grant Program at their December 3, 1997 Regular Council Meeting; and WHEREAS, attached hereto are the proposed guidelines for said program in the City of St. Anthony. Significant points of the proposed program are as follows: • $100,000 of storm water utility funds will be dedicated in 2001 for the program. • All property (owner-occupied or renter-occupied) subject to recurrent flooding will be eligible for a grant. • -The City will pay 65% of the cost of an approved project and the • property owner will pay 35% of the cost. • All applications will be due by-June 1, 2001. The total eligible project funding, per property owner, is $10,000. Projects are awarded by the St. Anthony City Council. • The property owner will apply for a,grant. The City Public Works Department will administer the program, with assistance from the firm of WSB & Associates, Inc. Applicants will be interviewed to evaluate the flooding problem._ Proposed solutions will be reviewed by the Public Works Department. Eligible.improvements"which could be approved by the City Engineer includes, but is not limited to, the following: 1. Filling, grading and sodding around the house or points of water entry. 2. Adding or modifying window wells. 3. Eliminating basement windows and substituting with glass blocks. • 4. Replacing large basement windows with smaller windows. ,29 ® Resolution 01-021 Page 2 5. Replacing basement doors with windows. 6. Building poured concrete or concrete block wall dikes. . WHEREAS, no funds will be available for decorating, carpeting or remodeling needed as a result of flood damage; and WHEREAS, only flood damaged areas may be improved. The cost and type of improvement must be reasonable. The reasonableness will be determined by the City; and WHEREAS, Section IV of the guidelines, beginning on Page 2 delineates program procedures. Administrative costs would be paid by the annual funding allocation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the proposed Flood Relief Grant Program guidelines and allocates $100,000 of storm water utility funds for the program, based on the following: A. The proposed Flood Relief Program is another tool to assist residential property owners in dealing with unwanted runoff water. B. Funding is available from the storm water utility fund and is identified in the Storm Water Capital Improvement Program. C. The property owner must contribute 35% of the cost of the flood relief project. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: • City Manager 01/_18/2001 THL, 08:41 F.A-1 7632877180 WSB TRANSPORTATION I;hnn� V=, - 30 WSB Assoclaz'Lim • e January 17,2 001 Honorable Mayor, City Council and Staff c/o Michael Momson City of St Anthony 3301 Silver Lake Road .- St. Anthony, MN 55418-1699 Re: City of St. Anthony 2001 Flood Relief Grant Program WSB Project No. 1065-55 Dear Honorable Mayor, City Council and Staff: ' The City Staff has received a number of requests for grant applications into the 2001 Flood Relief Grant Program. These requests will be evaluated should the Council authorize the 2001 Flood Relief Grant Program. Attached.for your consideration is a resolution adopting the guidelines for this program. If you have any questions.regarding this matter,I will be available at your January 23,2001 Council_llecting, or you may contact me at(763)2877182. 7k= :' ...t,'x.•:::. . Sincerely, f., 4» ' WSB & Associates,Jac. Todd E Hubmer,P.E. Project Manager nm s � Mern(V14l7'3i Y}atia . ...::' <::g.::.y' . i-tT' suitei3OO.c:; Y :=7Mlnneapolis inneso�a"•. 763.54V4W0' 't.• . :. ,,• •:•::3; s.:•,:' FAVIMrM1065-55\011701 h=.wpd x-'_. :: 763159'.700--FAX-':- Minneapolis- St.Cloud• Equal Opportunity Employer 31 CITY OF ST. ANTHONY RESOLUTION 01-027 A RESOLUTION APPROVING THE INFILTRATION AND INFLOW AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE METROPOLITAN COUNCIL WHEREAS, due to the reconstruction and rehabilitation of the sanitary sewer lift station at Harding Street and 37`h Avenue NE, the Metropolitan Council required that the City of St. Anthony establish I/I goals in conformance with the Comprehensive `Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Agreement With the City of St. Anthony to Initiate Its I/I Program and Meet Its I/I Goals Established By the Metropolitan Council. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager A _ 32 -) WSB Associates,Inc. January 17, 2001 Honorable Mayor and City Council c/o Michael Morrison City of St Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Infiltration and Inflow Agreement Between the City of St.Anthony and Metropolitan Council WSB Project No. 1065-45 Dear Honorable Mayor, City Council and Staff: As you may be aware, we recently completed the reconstruction and rehabilitation of the sanitary sewer lift station at Harding Street and 37'Avenue NE. This project was necessary to alleviate existing sanitary sewer backups in the vicinity of the lift station. As a result of this project, the Metropolitan Council required that the City of St. Anthony enter into an agreement whereby establishing an I/I goal for the City in conformance with the • Comprehensive Plan. This agreement requires the City to achieve compliance with the clear water infiltration and inflow goal, or complete non-voluntary inspections of homes within the next 10 years. Attached is a copy of the proposed Metropolitan Council Agreement. The City Staff has reviewed this agreement and feel that the attached agreement is accomplishable by the City of St. Anthony within the time frame described. I will be available at your January 23`d Council Meeting to answer any questions you may have, or you may call me at (763) 287- 7182. Sincerely, WSB & Associates,Inc. Todd E. Hubmer, P.E. 4150 Olson Project Manager Memorial Highway rim Suite 300 �nneapolis �Rllinnesota 55422 763.541.4800 FAWPWW1065-45\011701 hmc.wpd 763.541.1700 FAX Minneapolis • St.Cloud • Equal Opportunity Employer Metropolitan Council 33 Working for the Region, Planning for the Future January 8, 2001 Environmental Services • Mr. Todd-Hubmer Project Manager WSB & Associates, Inc. 8441 Wayzata Boulevard, Suite 350 Minneapolis MM 55426 Re: Agreement for City of St. Anthony Harding St. Lift Station WSB Project No. 1065-453 Dear Mr. Hubmer: This letter is in reply to your letter of December 7, 2000 regarding the concerns you expressed on the draft agreement between the City of St. Anthony and the Metropolitan Council. I'll try to answer each of your concerns in the order you expressed them in your letter. 1. As requested, attached is a copy of a report entitled," The Establishment of I/I Goals for the Metropolitan Area". The information on how the MCES established the I/I goals should be spelled out in the report. 2. The I/I goal is fixed and ongoing. The City is expected to meet this goal within a five year period and keep its flows within this range after that. • 3. Your letter indicated that the City was concerned about setting a fixed number of connections to be removed per year as part of its non-voluntary program and recommended some language changes to paragraph 3e. I have reviewed your language and discussed your concerns with appropriate staff at the Council. It is our belief that the Metropolitan Council directed staff to obtain an agreement with the City that was more detailed then proposed by your suggested language. I have attached a revised agreement that reflects a proposed compromise. Under the terms of the agreement, the City_can_.ston Their non-voluntary program after. they have met the established I/I goal over a 2-year period. But, if future flows show that the I/I goal is no longer being met then the non_-voluntary program would again be initiated until either the goal was met for 2 years or the City has completed a inspection ofa1Laf it's homes. If you have anv questions in this regard, please call me at 6 - 1116. D* e Donald S Bluhm • Cc: William Moore, MCES Mike_Momson, Administrator, City of St. Anthony 230 East Fifth Street St. Paul,Minnesota 55101-1626 (651) 602-1005 Fax 602-1183 TDD/TTY 229-3760 An Equal Opportunity Employer -34 • AGREEMENT WITH THE CITY OF ST. ATHONY TO INITIATE ITS I/I PROGRAM AND MEET ITS UI GOALS ESTABLISHED BY THE METROPOLITAN COUCIL WHEREAS: 1. The City of St. Anthony(hereinafter referred to as "City") has submitted a comprehensive plan amendment to reconstruct its Harding Street Lift Station that will discharge both sanitary wastewater and clear water from passive drain tile to a Minneapolis trunk sewer; and 2. This discharge to the Minneapolis system will increase the peak wet weather flows to the Metropolitan Disposal System; and 3. The City has developed a program for the reduction of I/I from private property to meet the I/I goals for the City as established by the Metropolitan Council (hereinafter referred to as "Council"); and 4. Under the current Council's I/I study and Council's PI program, the Council's I/I goal for the City is Fixed and ongoing and the Council expects the City to meet this goal within a five year period and to keep its flows within this range after that; and 5. The Council has approved the comprehensive plan amendment with the condition that the City enter into this agreement committing the City to a time schedule for the implementation of their I/I program to meet these I/I goals; and 6. The City intend to complete its non-voluntary home inspection program within ten years of the date of this Agreement. NOW, THEREFORE, The Metropolitan Council and the City of St. Anthony hereby agree as follows: 1. Approval of City's Comprehensive Plan Amendment. On October 25, 2000 the Council approved the City's Comprehensive Plan Amendment to reconstruct its Harding Street Lift Station contingent upon the City's agreement to the terms of this Agreement. • 1 -35. • 2. Subsequent to the Council's approval of the City's Comprehensive Plan Amendment, the Council informed the Minnesota Pollution Control Agency that the Council has no objection to the issuance of a sewer extension permit for the Harding Street Lift Station project. 3. Upon execution of the Agreement by both parties, the City agrees to implement the following private property UI source reduction program. a. Point of Sale Removal— As existing homes within the City are sold, the City will administer an ongoing program requiring an inspection of the plumbing system. If either sump pumps or passive drain tile are found that discharge clear water to the sanitary sewer system, their discharge will be routed away from the sanitary sewer. b. Public Education Program by Target Area — the City will begin a public education program in 2001 by target areas that will be completed in 2003. This program will inform the City's residents of the impacts of clear water entering the sanitary sewer system and of the City's program to have these systems disconnected from the sanitary sewer system. c. Technical and Inspection Assistance to Property Owners—The City will provide technical and inspection assistance to property.owners to support the voluntary removal program. The technical and inspection assistance • program will begin in 2001 and extend through 2003 and is intended to help motivate home owners to disconnect either sump pumps or passive drain tile from the sanitan!sewer system. d. Review of Effectiveness— At the end of 2002 the City and the Council will review the effectiveness of the City's I I reduction program. e. Clearwater Separation Program. If the City has not met the I/I goal as established by the Council, the City will initiate an aggressive non- voluntary Clearwater Separation Program. Under this program all homes within target areas will be inspected and where clear water discharge is found, the discharge of clear water into the sanitary system will be eliminated. The program goal will be to remove enough sump pumps and passive drain title connections from the sanitary sewer system to meet the I/I goals by the end of 2005. The actual number of homes to be inspected annually under this program will be determined at the end of 2002 based upon the effectiveness of the City's program to that date. The non- voluntary program will continue until the City has either met the UI goal for two (2)years or has completed the inspection of all homes within the City; provided however, that if the City has stopped its non-voluntary program because the City has met the established I/I goal over a two (2) • 2 36 • year period, but future flows show that the I/I goal is no longer being met, the City agrees that it will again initiate the non-voluntary program until either the I/I goal has again been met for two (2)years or the City has completed inspection of all of its homes. 4. Effective Date. `This Agreement shall be effective starting with the date of its execution. 5. Termination. This Agreement shall remain in effect until the end of the tenth year after the effective date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers(s) on the dates set forth below. METROPOLITAN COUNCIL CITY OF ST. ANTHONY By: By: Title: Title: Date: Dated: • 3 37 CITY OF ST. ANTHONY RESOLUTION 01-028 A RESOLUTION APPROVING A STREET LIGHTING CONTRACT WITH XCEL ENERGY (NORTHERN STATES POWER COMPANY) FOR THE 29TH AVENUE NE PROJECT WHEREAS, the City Council of the City of St. Anthony desires decorative lighting to be installed on 29`h Avenue NE in the City of St. Anthony. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the contract with Xcel Energy (Northern States Power Company) for the installation and maintenance of decorative street lighting on 291h Avenue NE within the City of St. Anthony. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • WSB -38 sociates,Inc. January 17, 2001 Honorable Mayor and City Council c/o Michael Morrison City of St Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: 291 Avenue Street Lighting Contracts with Xcel Energy WSB Project No. 1065-26 Dear Honorable Mayor, City Council and Staff: Attached, please find the contract with Xcel Energy for the installation and maintenance of decorative lighting on 29`h Avenue. The total cost for installation of the decorative lighting • is$155,100.00,and the monthly energy and maintenance fees are$6.45 plus$1.35 surcharge per fixture. If you have any questions on this matter,I will be available at your January 23,2001 Council Meeting, or you may contact me at (763) 287-7182. Sincerely, WSB & Associates, Inc. Todd E. Hubmer, P.E. Project Manager rim 4150 Olson Memorial Highway Suite 300 neapolis innesota 55422 763.541.4800 F:\WPWIM1065-26\011701 hmc.wpd 763.541.1700 FAX Minneapolis• St. Cloud • Equal Opportunity Employer 39 Northern States Power Company ® R E O E g I V E D Outdoor Lighting 1971 Gateway Boulevard v6 �00 Arden Hills,MN 55112 Telephone(651)634-7807 WSB September 27, 2000 Mr. Todd Hubmer WSB & Associates Inc. 8441 Wayzata Blvd. Suite 350 Minneapolis, MN 55426 Dear Mr. Hubmer; Submitted are three copies of the Street Lighting Contract for the project on 29U' • Avenue N E in the City of St Anthony Village... In regards to the Street Light Contract, would you please sign and date all copies, indicate your title;.have.your signature witnessed and return to me. I will return your office copies of each after they been signed at our offices. Also the city can cancel the maintenance agreement at any time during the contract period, if so the system would need to be metered at the cost of the City of St Anthony Village. The energy and maintenance charge per fixture will be $6.45 plus a $1.35 surcharge. Thank you for the opportunity to provide this service. Please don't hesitate to call if you have any questions at (651) 634-7807. Sincerely. , Jdhi Hyc e Li Cons tant Attachments Outdoor Lighting Contract -40 • In consideration of NORTHERN STATES POWER COMPANY,hereinafter called"NSP"extending its facilities to make outdoor lighting services available to: (Customer)City of St Anthony Village-Todd Hubmer at(service address): 29th Avenue N E between New Brighten Blvd and Stinson Blvd i 4-=(City) St Anthony Village (State)MN (Zip Code)55418-1603 the sum of One hundred fifty-five thousand One hundred and no/100 ,Dollars($155,100) will be paid to NSP by(other than above)same i-` Address(other than above)3301 Silver Lake Road N E (City) St Anthony Village (State)MN (Zip Code)55418-1603 in accordance with the following terms of payment: 30 days after construction begins i Service consisting of: s i The installation of a Purchase Option (Group Five)street light system consisting of: 37 ea. - 150 watt BPS Vernon fixtures 37 ea. - 15'Lumec Fluted Aluminum poles 39 ea. -6" Screw-in anchor bases 2 ea. -MN DOT feed point cabinets All fixtures and poles will be Black in color. We will be using the plow method to install the.wiring and conduit, with the exception at road crossing,which• will be directional bored,also a portion will be backhoe. City to be responsible for all restoration. This contract proposal is valid for 30 days. i All labor and material cost are based on 2000 pricing and labor rates. i f i Dated this day of 20_ Dated this day of 20 Customer:St Anthony Village Northern States Power Company By: By: { Title: Title: Lighting Consultant NSP Rep: John E Hy_grell Date: 9/27/2000 Div: St Paul yy NSP Proj/Sery No: ANTH ODL AAR Total Amount Paid: Page 1 of 3 Outdoor Lighting Contract 41 SERVICE AGREEMENT 1. The customer hereby grants NSP the right, privilege and easement to install, operate and maintain its underground facilities on the property as described above and/or the approximate. location as shown on the attached exhibit. 2. The entire ornamental street lighting system including underground cables,conduit,posts, lamps, ballasts, starters, photocells, and glassware installed by NSP, shall be the property of NSP and any payments made by customer, or their contractor, shall not entitle the customer i! to any ownership interest or rights therein. - 3. The customer also agrees that, prior to NSP starting work: (a) the route of NSP's underground installation shall be accessible to NSP's equipment; (b) all obstructions shall be ? removed from such route at no cost or expense to NSP; (c) ground elevation along the route shall not be above or more than four(4)inches below the finished grate. 4. Customer agrees to pay all additional installation costs incurred by NSP because of(a) soil ' conditions that impair the installation of underground facilities, such as rock formations,etc., and (b) sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route, such as extensive existing underground facilities, etc. NSP will backfill trench with existing soil. 5. Company is not responsible for any customer-owned underground facilities not exposed at the time service is installed. 6. The underground installation may be subject to a winter construction charge if it is installed between October 1 and April 15. Customer agrees to pay this charge if NSP determines winter conditions exist when the underground facilities are installed. NSP will waive the i winter construction charge.if prior to October 1st the customer is ready to accept electrical service, has executed this form and has notified NSP in writing that the requirements of paragraph#2 hereof have been fulfilled. i 7. The customer agrees to pay the cost of.relocating any portion of said underground facilities j made to accommodate the customer's needs or required because of altering the grade,. additions to structures, installing patios,decks or gardens or any other condition which makes maintenance of the company's facilities impractical. -� Standard Terms & Conditions: 1. Limitation of Liability. In no event shall either party hereunder be liable to the other or,any party claiming through it for any reason whatsoever,including an action based upon contract, tort, strict liability or negligence or environmental claim for an amount in excess of the • � _ contract price, payable hereunder nor for any special consequential,incidental or other indirect damages of any kind. Buyer's role remedy hereunder shall be limited to a refund of the amount paid hereunder. Page 2 of 3 Outdoor Lighting Contract - 42 2. Indemnification. Buyer agrees that it shall indemnify and hold NSP fully harmless for any damages, losses, claims or actions, including actions grounded upon contract, tort, negligence, strict liability, or environmental claims,which NSP incurs as a result of NSP's performance hereunder or use of same equipment by Buyer or any third party. 3. Force Majeure: Neither party shall be responsible for any delays in performance (other than payment for services rendered)based on an event of force majeure. The party experiencing = the event of force majeure, shall promptly notify the other party of its inability to perform under the contract as a result of an event of force majeure. Following receipt of said notice by the other party, the obligations of each party (other than payment for service rendered), so far as they are affected by the event of force majeure, shall be suspended during, but not rym. longer than, the continuance of the event of force majeure. The term "force majeure" as used herein shall mean an act of God, strike, declared war,civil unrest, public riot, fire, lightning, i earthquake, storm, flood, explosion, government restraint, unavailability of equipment, and any other cause, whether of the kind expressly set forth herein or otherwise, which is not reasonably within the control of the party claiming the suspension. 4. Applicable Law. NSP shall.comply with all applicable state and federal safety and health laws including, but not limited to, the Occupational Safety and Health Act of 1970 (OSHA) and all standards, rules, regulations and orders issued pursuant to such state and,federal.safety and health laws, and laws related to non-segregated facilities and equal employment opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246, as amended). 5. Binding, Counterparts, Effectiveness, Notices. This agreement shall be binding upon the parties hereto and cannot be assigned, amended or modified except in writing agreed to by the parties. This Agreement may be executed in counterpart, and each such counterpart shall be deemed to be an original. i 6. Governing Law. This agreement is governed by the laws of the State of Minnesota. The parties agree that Buyer may issue its purchase order to NSP. Buyer's purchase order shall .. be used solely for the administrative convenience of the parties and shall not constitute a part i ! hereof. This Agreement shall be effective upon signature of customer and NSP. A copy of this r Agreement shall be sent to the parties at the address indicated. Page 3 of 3 Xcel Ener 9'ySM • 414 Nicotlet Mall Minneapolis, MN 55401-1993 ATTN: GREG CORBETT (651) 628-1492 CITY OF ST ANTHONY VILLAGE INVOICE -NUMBER T10629 ATTN: TODD HUBMER INVOICE DATE November 14,2000 3301 SILVER LAKE RD DUE DATE December 04,2000 ST ANTHONY VILLAGE, MN 55418-1603 INVOICE AMOUNT 155,100.00 CREDIT ACCT 0375A-14.38.03.03-00 ITEMIZATION COSTS ASSOCIATED WITH INSTALLATION OF PURCHASE OPTION STREETLIGHT SYSTEM AT 29TH AVE NE BETWEEN NEW BRIGHTON BLVD AND STINSON BLVD CONSISTING OF: (37) 150WATT HPS VERNON FIXTURES, (37) 15FT LUMEC FLUTED ALUMINUM POLES, (39) 6" SCREW IN BASES, & (2) MN DOT FEED POINT CABINETS. ALL FIXTURES AND POLES WILL BE BLACK IN COLOR. • USING THE PLOW METHOD TO INSTALL THE, WIRING .AND CONDUIT., WITH .THE EXCEPTION AT ROAD CROSSING, WILL BE DIRECTIONAL BORED, ALSO A PORTION WILL BE BACKHOE. CITY RESPONSIBLE FOR ALL RESTORATION. INVOICE DOES NOT INCLUDE ANY CHANGE ORDERS THAT MAY OCCUR DURING CONSTRUCTION. XCEL ENERGY PROJECT: 546409 FOR ADDITIONAL INFORMATION: 'JOHN HYGRELL (651)634-7807 TOTAL AMOUNT DUE 155,100.00 This bill is due in our office by December 04, 2000. r INVOICE PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT I . 43 • CITY OF ST. ANTHONY RESOLUTION 01-032 A RESOLUTION APPROVING A DRAINAGE:AND PONDING EASEMENT RELATING TO THE HARDING STREET PONDING PROJECT WHEREAS, to help control flooding problems within the City of St. Anthony, and as an integral part of the overall flood mitigation program, it has been recommended to construct a holding pond in the area of Harding Street; and WHEREAS, perpetual easements are needed for the construction, operation, maintenance, repair and removal of facilities for the drainage and ponding of water; and WHEREAS, ''to obtain needed easements for the construction of said holding pond, discussions, meetings, and negotiations have taken place with affected property owners in the targeted area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Drainage and Ponding Easement between-the City of St. Anthony and Katherine H. Gulczinski, owner of the property addressed as 2800 -.31st Avenue NE; • property described as Lot 6; Auditors Subdivision Number 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota; and, said easement described as the East 40.00 feet of the south 140.00 feet of Lot 6, Auditor's Subdivision No. 365. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager .44 • CITY OF ST. ANTHONY RESOLUTION 01-033 A RESOLUTION APPROVING A DRAINAGE AND PONDING EASEMENT RELATING TO THE HARDING STREET PONDING PROJECT WHEREAS,, .to help control flooding problems within the City of St. Anthony, and as an integral part of the overall flood mitigation program, it has been recommended to construct a holding pond in the area of Harding Street; and WHEREAS, perpetual easements are needed for the construction, operation, maintenance, repair and removal of facilities for the drainage and ponding of water; and WHEREAS, 'to obtain needed easements for the construction of said holding pond, discussions, meetings, and negotiations have taken place with affected property owners in the targeted area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Drainage and Ponding Easement between the City of St. Anthony and Gregory Campeau, owner.of the property addressed as 2905 30th Avenue NE; property . described as part of Lot 19,.Auditors Subdivision Number 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota; and, said easement described as the North 120.00 feet of the West-half of Lot 19, Auditor's Subdivision No. 365. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager .45 • DESCRIPTION OF EVERGREEN LAND SERVICES COMPANY 6110 BLUE CIRCLE DRIVE SUITE 140 MINNETONKA, MN 55343 (952) 930731.00 EXPERIENCE AND QUALIFICATIONS Evergreen Land Services, Co. (ELS) has contracted with the City of St. Anthony through it's consulting engineering firm, WSB, to assist in the negotiation and acquisition of ponding rights for the Harding Street Project. ELS is a Minnesota corporation that has provided land and right of way acquisition and relocation assistance services since 1972. Our current level of staffing is 12 full time employees and 3 part time employees, with individual experience in the right of way and relocation fields of up to 35 years. Different employees have different areas of expertise (often overlapping), but collectively the company has employees experienced in the areas of route selection and development, both field and title research and analysis, document and file preparation, negotiation and relocation assistance (including compliance with local, state and federal procedural requirements).. ELS has extensive experience in acquisition activities and relocation work for public entities. The firm's staff is recognized for the wide variety of projects on which they.have • worked under the guidelines of the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, the implementing federal regulation 49 CFR Part 24. We have also worked on projects under specific funding sources HUD Section 811, CDBG, US Army Corps of Engineers, Federal Aviation Administration, Federal Highway Administration, and Minnesota State Aid. ELS has provided acquisition and relocation services to over 60 public entities. ELS is the only consultant approved by Minnesota Department of Transportation for both acquisition and relocation services and we are currently providing services to them. Certified Appraisals were obtained on each parcel requiring acquisition for the necessary ponding easements on the Harding Street Project. These appraisals were obtained by an independent appraisal firm named Bettendorf, Rohrer, Knoche .& Wall. Mr. Mike Bettendorf completed the reports at the end of November 2000. Mr. Bettendorf's completed reports are the basis for the monetary offers that have been given to the individual landowners. All 10 property owners have received written offers for the acquisition of the easement rights. Due to time constraints it will be necessary to file the condemnation petition in February of 2001 to meet the construction schedule for this project. All landowners have been informed of this process and understand the need to file the petition in February. ELS will • continue negotiations with all landowners that have not signed the easement documents 6 to attempt to reach an agreement. These negotiations can continue after the condemnation petition has been filed up to the end of the 90 day petition period. A summary of the negotiation activity on each parcel is listed below: . History of negotiations 1/11/01 Katherine Gulezinski 2800 31St Avenue NE Parcel No. 2 Met with Kay, her son and daughter on 12/5/00. Explained project and went over the appraisal and the City's needs. Kay signed the "Offer Letter". I left them with a copy of the easement and part of the appraisal. Kay called on 12/7/00 and said offer was acceptable and would sign easement. On 12/11/00 the easement was signed. Eugene and Mary Jankowski 2812 31St Avenue NE Parcel No. 4 • Met with Mr. Jankowski on.12/5/00 at his home. His son Tom also was at this.meeting. Explained the project and the City's needs and went over the appraisal. Discussed the pond and the neighborhood and his ownership. Mr. Jankowski signed the "Offer Letter". He asked that the retaining wall be staked so he could see how close it comes to his shed. He asked that I call him when it's staked. I arranged for staking. On 12/27/00 I called Mr. Jankowski and informed him that the staking was done a week ago. He said he would look at and get back to me. I Called on 1/10/00, he saw the staking and has no problem with the location. He asked about neighbors using an attorney and if they get more can he if he signs now. I explained condemnation process and how it worked. He said the attorney would get 30% of anything over the offer. He wants to talk to a friend about this. He asked that I call back in 2 weeks. John Hunt . 3012 Silver Lake Road Parcel No. 6 Started attempting to contact Mr. Hunt on 12/1/00 by leaving a message on his home answering machine. Explained on message that I am a consulfant working for the City on the Ponding project and that I have some information for him including the appraisal and value. I Asked for a return call. 12/6/00 left another message because I have not received a return call. 12/13/00 left another message. 12/26/00 sent a certified letter to Mr. Hunt • explaining whom Evergreen Land Services is and that I have been attempting to reach - 47 • him. Enclosed the "Offer Letter" and a copy of the temporary easement that is required on his property. Received Return Receipt that Mr. Hunt picked up the letter on 12/28/00. On 1/10/01 talked to Mr. Hunt. He has several questions about his garden and fence. I will discuss these with the Engineer and get back to Mr. Hunt. Gregory Campeau 29053 oth Avenue NE Parcel No. 7 Met with Mr. Campeau on 12/5/00 at his home. Went over the appraisal, project and the City's needs. Mr. Campeau signed the "Offer Letter" and accepted it. He signed the easement at this meeting. Jeffery & Barbara Johnson 2805 30'h Avenue NE Parcel No. 11 12/1/00 called and left a message on their answering machine explaining who I am and why I was calling. Said I have the appraisal and would like to go over it with them. 12/6/00 called and talked to Jeff. Explained what I do and the information I have. He said Barb is quite upset about the project and doesn't want to talk. I explained I have information for them even though they are not willing to sign an easement at this time. They will get back to me. 12/7/00 Barb called and we set up a meeting to go over the ® appraisal and offer. The meeting was scheduled for 12/14/00 at a coffee shop. At that. meeting they had an attorney, Dan Rosen, that attend. I reviewed the appraisal and easement with them. They signed the "Offer Letter". Mr. Rosen said he is going to have the property appraised and when it is completed he will contact me to discuss it further. Emmett & Mary Swanson 3220 Silver Lake Road Parcel No. 5 Met with Mr. Swanson on 12-13-00 and presented the offer and reviewed the appraisal and construction drawings. Mr. Swanson did not wish to sign the offer letter so I wrote on the bottom that he chose not to sign and gave him a copy. Mr. Swanson would like.some information from Todd Hubmer, I spoke with Todd and informed him of what Mr. Swanson is looking for. Todd stated that he would contact Mr. Swanson with the information he has requested. Mr. Swanson brought up his concerns which are listed below: o Would like to see a maintenance agreement from the city on the pond. • What type of safety measures are being taken do to the fact that there will be standing water 4 ft. deep in the pond. ® What will be the impact on property tax. • . 48 Mr. Swanson also gave me a list of lot sales that he would like information on. I have ® asked Mr. Bettendorf to look into these sales and asked him why they were not used in his appraisal, Mr. Bettendorf stated he would research this and get back to me. I left a message with Mr. Swanson on 1-I1-01 to get back to me to discuss the project. Mr. Swanson is aware of the condemnation process and realizes the filing will take place around the beginning of February. Emma Turnwall 2901 30`h Avenue NE Parcel No. 8 I met with Ms. Turnwall on 12-07-00 and presented the offer and reviewed the appraisal and construction drawings. Ms. Turnwall asked if there was a survey of her property and if so she would like a copy of one. Also, she has a tree in the back that she would like removed if it is not already one that will be taken. Ms. Turnwall has a water line that runs into the back of the lot that is used to water her lawn and garden, this line will need to be preserved outside the pond for future watering. Ms. Turnwall would like to get the opinion of some people she knows and she will get back to me. I called Ms. Turnwall on 1-4-01 and we set a date to sign the easement on 1-12-01. Jeffrey & Susan Wenker 28293 Oth Avenue NE Parcel No. 10 Met with Mr. & Mrs. Wenker on 12-7-00 and presented the offer and reviewed the appraisal and construction drawings. The Wenker's had their attorney, Mr. Dan Rosen, present at the meeting. The Wenker's are concerned about the construction traffic that will enter the pond site across the city owned lot next to them. They asked me if it would be possible for the traffic to use a route more westerly across this lot instead of down the middle. The Wenker's and their attorney stated that they will be obtaining an appraisal and that it probably will not be completed until mid February. I informed them that the condemnation petition will likely be filed in the beginning of February. Their attorney stated that he understands and that they will contact_ me when. their appraisal is completed. I left a.message with the Wenker's on 1-11-01 to ask'them the status of their appraisal. Thomas & Pamela Gromek 2804 31 S`Avenue NE Parcel No. 3 Met with Mr. Gromek on 12-5-00 and presented the offer and reviewed the appraisal and • construction drawings. The home on the property is currently vacant and Mr. Gromek 49 ® stated that he would like to sell the property and is concerned about the affect the pond will have on the value. Mr. Gromek is going to speak with some people about these concerns and will get back to me. I called Mr. Gromek on 1-4-01 to discuss the project and find out what advise he has been given. Mr. Gromek stated that his attorney is reviewing the offer and will inform Mr. Gromek to accept the offer or.to,obtain an appraisal. I-called Mr. Gromek on 1-1.1-01 to see if his attorney has completed his review and Mr. Gromek stated he is not. Mr. Gromek will contact his attorney and get back to me. They are aware of the condemnation process and realize the filing will take place around the beginning of February. Bruce & Tamara Troupe 2829 .) Avenue NE Parcel No. 9 Met with Mr. & Mrs. Troupe on 12-7-01 and presented the offer and reviewed the appraisal and construction drawings. The Troupe's are concerned about saving the River Birch tree in the back yard, it appears from the drawings that the tree will remain. The Troupe's stated that they will consider the offer and get back to me. Mr. Troupe plays tennis with a friend that is an attorney and he will review the offer. Mr. Troupe called me on 12-23-00 and stated that he would like an increase on the offer of$3,150.00. This is the amount of the increase on the land portion of the Market Value used on his property • tax statement.I called Mr. Troupe on 1-5-00 and informed him that I.spoke with the city and their consultants and that an increase would be reviewed only through a formal appraisal. Mr. Troupe will decide if they will obtain an appraisal and get back to me. If I have not heard from them by mid February I will call back. They are aware of the condemnation process and realize the filing will take place around the beginning of February. - 5® DRAINAGE AND PONDING EASEMENT THIS INSTRUMENT is made and entered into as of Z'1 I ( , 2000, by and between Katherine H. GulcAnski, Grantor, and the CITY OF ST. ANTHONY, a municipal corporation organized under the laws of the State of Minnesota, Grantee. WITNESSETH, that Grantor,for and in consideration of Thirteen Thousand and no/l00's Dollars ($13,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Grantee, its successors and assigns, a perpetual easement to construct, reconstruct, operate, maintain, repair and remove facilities for the drainage and ponding of water, including retaining walls and other facilities to control and maintain such drainage and ponding, together with the right to remove all trees, bushes, undergrowth, and other obstructions which may interfere with the construction, operation, repair and maintenance of such drainage and ponding facilities, said easement being upon, over, under and across the following described land situate in the County of Hennepin, State of Minnesota, to wit: GRANTOR'S PROPERTY DESCRIPTION: Lot 6, Auditors Subdivision Number 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. EASEMENT DESCRIPTION: The East 40.00 feet of the South 140.00 feet of Lot 6, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. - 51 Grantee shall also have the right of ingress and egress to the above described easement area over and across the adjoining lands of the Grantor. Grantee shall be responsible for all damage caused to Grantor's property arising from Grantee's exercise of the rights and privileges herein granted. IN WITNESS WHEREOF, Grantor has executed this easement as of the day and year first above written. � y By: ;,J Katherine H. Gulczinski ACKNOWLEDGMENT: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �� day of 2000,by Katherine H. Gulczinski, a single person. �.mss. _ �r STUA; B. S i ORM := Notary Puclic ' Minnesota My Corrar-i sion Expires Jan. 31, 2�?n5 Notary Public THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services Company 6110 Blue Circle Drive, #140 Minnetonka, Minnesota 55343 (952) 930-3100 • Guluinski Easement 52 DRAINAGE AND PONDING EASEMENT THIS INSTRUMENT is made and entered into as of Lj , 2000, by l and between Gregory D. Campeau, Grantor, and the CITY OF ST. ANTHONY, a municipal corporation organized under the laws of the State of Minnesota, Grantee. WITNESSETH, that Grantor, for and in consideration of Twenty Five Thousand and . no/100's Dollars ($25,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Grantee, its successors and assigns, a perpetual easement to construct, reconstruct, operate, maintain, repair and remove facilities for the drainage and ponding of water, including retaining walls and other facilities to control and maintain such drainage and ponding, together with the right to remove all trees, bushes, undergrowth, and other obstructions which may interfere with the construction, operation, repair and.maintenance of such drainage and ponding facilities, said easement being upon, over, under and across the following described land situate in the County of Hennepin, State of Minnesota, to wit: GRANTOR'S PROPERTY DESCRIPTION: Part of Lot 19, Auditors Subdivision Number 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County,Minnesota. EASEMENT DESCRIPTION: The North 120.00 feet of the West-half of Lot 19,Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder,Hennepin • County, Minnesota. 53 tGrantee shall also have the right of ingress and egress to the above described easement= area over and across the adjoining lands of the Grantor. Grantee shall be responsible for all damage caused to Grantor's property arising from Grantee's exercise of the rights and privileges herein granted.- IN WITNESS WHEREOF, Grantor has executed this easement as of the day and year first above written. By: Gr g ry D. Campeau ACKNOWLEDGMENT: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2000, by Gregory D. Campeau, a single person. STUART& STORM ` Notary Public Minnesota Notary Public My Commission Expires Jan. 31, 2005 THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services Company 6110 Blue Circle Drive, #140 Minnetonka, Minnesota 55343 (952) 930-3100 Campeau Easement .54 CITY OF ST. ANTHONY D p � C • D G3 RESOLUTION 01- BE IT RESOLVED by the City Council of the City of St.Anthoi.,, (the "City"), WHEREAS, the City owns and operates a municipal storm sewer utility (the "Utility") pursuant to Minnesota Statutes, Section 444.015; WHEREAS, in connection with the construction of improvements to the Utility it is necessary for the City to acquire utility easements and ponding easements over a portion of certain property in the City which is described on Exhibit A hereto; WHEREAS, the City has been negotiating with the owners of the property described in Exhibit A to acquire the required easements and to date the City has not entered into agreements to acquire the required easements, and in'order to the construct the improvements to the Utility it will,be necessary to procure the required easements by the right of eminent domain. NOW, THEREFORE, BE IT RESOLVED, that in order to construct the improvements to the Utility, the City proceed to acquire the required utility and ponding easements over a portion of the property described in Exhibit A hereto under its power of • eminent domain; and that the attorneys for the City be instructed and directed to file the necessary petition or petitions therefore and to prosecute such action or actions to a successful conclusion, or until it is abandoned, dismissed or terminated by the City or the Court; and that the attorneys for the City, and the officers of the City do all things necessary to be done in the commencement, prosecution and successful termination of such eminent domain proceedings. BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of the utility and ponding easements over a portion of the property described in Exhibit A hereto by the City under its power of eminent domain is necessary to construct the improvements to the Utility. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • EXHIBIT A • • A-1 . 55 CERTIFICATION OF MINUTES RELATING TO $625,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2001A Issuer: City.of St. Anthony, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on January 23, 2001, at 7:00 o'clock P.M., at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting including (pages): 1 through 22 RESOLUTION NO. 01-030 RESOLUTION RELATING TO $625,000 GENERAL OBLIGATION • TAX..ABATEMENT BONDS;SERIES 2001A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations;,and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice . given as required by law. WITNESS my hand officially as such recording officer this day of , 2001. Connie Kroeplin, City Clerk It was reported that proposals had been received prior to 11:00 A.M., Central Time today for the purchase of the $625,000 General Obligation Tax Abatement Bonds, Series 2001 A of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bid for Interest Net Interest Name of Bidder Principal Rates Cost [See attached] • 57 85 E. SEVENTH PLACE.SUITE 100 SAINT PAUL,NIN 55101-2887 651-223-3000 FAX:651-223-3002 SPRINGSTE • Advisors to the Public Sector MEMORANDUM TO: City of St. Anthony FROM: Bob Thistle, Jerry Shannon DATE: January 12, 2001 SUBJECT: Tax Abatement Process When an abatement district is formed, it is intended that the revenues from those parcels in the district will pay the costs of eligible improvements. The amount of the abatement is wholly dependent on the value of the parcels and the tax capacity rate of the municipality. • Unlike tax increment districts, the value of parcels in an abatement district is included in the value against which the tax rate is determined. Thus, it will be necessary to adjust any levy request to include the expected abatement. If such an adjustment is not made, the total revenues available to the City will be reduced by the amount of the required abatement and therefore, the entire community will end up paying for the cost of the abatement. It is critical to understand that the tax abatement process would assume no increase in the tax rate (all other things being equal). Therefore, an adjustment in the tax levy would be necessary to eliminate the payment of the abatement by the entire municipality. The following exemplifies this process assuming an abatement district with a tax capacity of $89,000 and required abatement of $27,240. We have assumed that the TIF Districts have been decertified and that value would now be the Abatement District value and thus available for general taxation. • CORPORATE OFF/CE: SAINT PAUL,MN • Visit our website at www.springsted.com DES MOINES,IA • MILWAUKEE,WI • MINNEAPOLIS,MN • OVERLAND PARK,KS • VIRGINIA BEACH,VA • WASHINGTON,DC City of St. Anthony January 12, 2001 Page 2 v 1999 Payable 2000 Date 2000 No Abatement 2000 Configuration Abatement Configuration 2000 With Decertified TIF' With Decertified TIF Configuration Districts Districts Net Tax Capacity 6,300,727 6,300,727 6,300,727 Less Captured TIF (790,953) (701,953) (701,953) Less Cont.to F/D (368,413) (368,413) (368,413) Plus Dist.from F/D 974,642 974,642 974,642 Taxable NTC 6,116,003 6,205,003 6,205,003 Net General Taxes Levied 1,871,925 1,871,925 1,871,925 Abatement Taxes Levied 0 0 27,240 Tax Capacity Rate 30.607% 30.168% 30.607% City Tax Increment Rec'd 242,086 211,765 214,846 Total Tax Revenues 2,114,011 2,083,690 2,114,011 Txs Pd for Abatement 0 26,547 27,240 Other Required Cont. 0 693 0 Total Abatement 0 27,240 27,240 You will note from above that if a tax levy adjustment for abatement is not made, then the taxes required by the abatement district will be insufficient to meet the required amount. Further, that in addition to the shortfall of taxes paid by the abatement parcels, the municipality would be required to contribute additional funds from other sources. • . 59 Councilmember then introduced the following resolution and • moved its adoption: RESOLUTION NO. 01- 030 RESOLUTION RELATING TO $625,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2001A; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council (the "Council') of the City of St. Anthony, Minnesota (the "City"), as follows: Section 1. Recitals, Authorization and Sale of Bonds. 1.01. Recitals. To pay all or a portion of the costs of park improvements or to pay principal of and interest on general obligation bonds to be issued by the City to pay for such park-improvements, the City Council by resolutions adopted November 28, 2000, and the School Board of Independent School District No. 282 (the "District") by resolutions adopted December 5, 2000, have granted an abatement of property taxes to be imposed by the City and • District,.respectively, on certain parcels in the City pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815, for a period of 15 years commencing with property taxes payable in 2001 and concluding with property taxes payable in 2015 (the"Tax Abatement"). The revenues received by the City and District from such Tax Abatement are herein referred to as the "Tax Abatement Revenue". The District has pledged and agreed to pay the Tax Abatement Revenue received by the District to the City. 1.02. Authorization. This Council has hereby determines to issue and sell $625,000 principal amount of General Obligation Tax Abatement Bonds, Series 2001A, of the City (the "Bonds") to finance the construction of park improvements in the City (the "Improvements"), including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $ representing interest as provided in Minnesota Statutes, Section 475.56. 1.03. Sale of Bonds. The City has retained Springsted Incorporated, an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (_) proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The • most favorable proposal received is that of , 60 of , and associates (the "Purchaser"), to purchase the Bonds at a price of$ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with . the Purchaser. The good faith checks of the unsuccessful bidders shall be-returned forthwith. 1.04. Performance of Requirements. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY CITY OF ST. ANTHONY • GENERAL OBLIGATION TAX ABATEMENT BOND, SERIES 2001 A Date of Interest Rate Maturity Original Issue CUSIP % February 1, February 1, 2001 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS THE CITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota(the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly • -2- 61 • provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing August 1, 2001, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the.principal office of the agent of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on Firstar Bank, N.A., St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent, or its successor designated under the Resolution described herein (the "Bond Registrar"), or its successor designated under the Resolution described herein. This Bond is one of an.issue in the aggregate principal amount of$625,000 (the "Bonds") all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on January 23, 2001 (the "Resolution"), for the purpose of financing the costs of various park improvements within the City and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 469.1814 and Chapter 475. For the full and prompt payment of the principal and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only as fully registered bonds in denominations of$5,000 or any multiple thereof, of single maturities. • Bonds maturing in the years 2002 through 2009 are payable,on'their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2010 through 2016 are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by lot, on February 1, 2009 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. [INSERT REDEMPTION PROVISIONS FOR ANY TERM BONDS] At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of the proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, • -3- . 62 • a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney,duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City according to its terms, • have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof the City has pledged and appropriated to the sinking fund established for the payment of the Bonds tax abatements to be derived by the City and Independent School District No. 282 from certain specified properties of the City; that if necessary to pay the principal and interest on this Bond, ad valorem taxes are required be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by the manual signature of a person authorized to sign on its behalf. IN WITNESS WHEREOF, the City of St. Anthony,Hennepin and Ramsey Counties, Minnesota,by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. 63 • Date of Authentication: CITY OF ST. ANTHONY City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. FIRSTAR BANK,N.A., St. Paul, Minnesota, as Bond Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this • Bond,-shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM——as tenants UNIF TRANS MIN ACT. . . . . . . Custodian. . . . . . . . in common (Cust) (Minor) TEN ENT——as tenants under Uniform Transfers to Minors by the entireties Act. . . . . . . . . . . . . . . . . . . . . . (State) JT TEN—— as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. • -5- 64 ® ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature(s) to OF ASSIGNEE: this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. Signature(s) must be guaranteed by an "eligible guarantor institution',' meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other"signature guaranty program" as may be determined'by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Section 3. Bond Terms, Execution and Delivery.. 3.01. Maturities Interest Rates, Denominations, Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Tax Abatement Bonds, Series 2001A." The Bonds shall be dated as of February 1, 2001, shall be issuable in the denominations of$5,000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years 65 and amounts shall bear interest from date of issue until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts as follows: Year Amount Rate Year Amount Rate . 2002 . $30;000 % 2010 $45,000 Flo 2003 30,000 2011 45,000 2004 30,000 2012 45,000 2005 35,000 2013 50,000 2006 35,000 2014 50,000 2007 35,000 2015 55,000 2008 40,000 2016 60,000 2009 40,000 The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2001 , to the owners thereof as such appear of record in the bond register as of the close of business on.the fifteenth day of the • immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer.of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer is -7- . 66 • after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount; interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other . • purposes, and all such payments so made to any such registered owner or upon the . owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed,upon the.payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation • -8- 67 • shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already _- matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section,475.55, Subdivision 1. 3.04. Appointment of Initial Registrar. The City hereby appoints Firstar Bank, N.A. in St. Paul, Minnesota, as the initial Registrar. The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with Firstar Bank, N.A., as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar from the 2001 Tax Abatement Bond Sinking Fund described in Section 4 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. (a) Bonds maturing in the years 2002 through 2009 are payable on their respective stated maturity dates without option of prior payment, but Bonds maturing in 2010 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2009 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. (b) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity 0 -9- In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (b), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not,less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (c) Bonds maturing in the year shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1, in the years and principal amounts set forth below: Year Amount *Final Maturity In the event that any Bonds maturing in the year are redeemed pursuant to (a) above by the City and.canceled by the Registrar and not reissued, the Bonds maturing in the year so redeemed and canceled may be applied by the City as a credit against the Bonds to be redeemed pursuant to this subsection (c), such credit to be equal to the principal amount of the Bonds maturing in the year so redeemed or canceled provided that the City has notified the Register not less than thirty-five (35) days prior to the redemption date of its election to apply such Bonds as a credit. (d) At least thirty days prior to the date set for redemption of any Bond, the City shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the,Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid,the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date(unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. • -10- . 69 Bonds in a denomination larger than $5,000 may be redeemed in part in any • integral multiple of$5,000. The owner of any Bond redeemed in part shall receive without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has.been duly executed by an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository. '(a) .For purposes of this Section the following terms • shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant shall mean any broker-dealer, bank or other financial institution for which DTC holds.Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC previously executed by the City and on file with DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. -11- . 70 • Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the.Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the,Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the ® obligation of the City to make.payments of principal and interest. Upon'delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will.be transferable in accordance with paragraph (d) hereof. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or(c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the • -12- 71 • provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 2001 Tax Abatement Bond Construction Fund. There is hereby established on the official books and records of the City a Series 2001A General Obligation Tax Abatement Bond Construction Fund (the"Construction Fund"). To the Construction Fund there shall be credited all proceeds of the Bonds. From the Construction Fund there shall be paid by the City all costs and expenses of the Improvements and the issuance of the Bonds. After payment of all costs of the Improvements, the Construction Fund shall be discontinued and any Bond proceeds and other funds remaining therein shall be transferred to the Sinking Fund created pursuant to Section 4.02 hereof. 4.02. 2001 Tax Abatement Bond Sinking. The Bonds shall be payable from a separate Series 2001A General Obligation Tax Abatement Bond Sinking Fund (the "Sinking Fund") which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. There shall be credited to the Sinking Fund the following: .(a) Any amount deposited therein pursuant to Section 4.01 hereof. • (b) All Tax abatement Revenue received by the City. (c) All taxes levied and all other money which may at any time be received for or appropriated to the payment of the principal of or interest on the Bonds, including all collections of any ad valorem taxes levied for the payment of the Bonds. (d) Any other funds appropriated by the Council for the payment of the Bonds. There are hereby established two accounts in the Sinking Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Sinking Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Sinking Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the • -13- 7 • Sinking Fund, the City Finance Director-shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.03. Full Faith and Credit Pledged. The full faith and credit and taxing power of the City shall be and are hereby irrevocably pledged for the prompt and full payment of the : principal of and interest on the Bonds. It is estimated that the Tax Abatement Revenue and other funds herein pledged for the payment of the Bonds will be received by the City in amounts not less than five percent in excess of the amounts needed to meet when due the principal of and interest on the Bonds as required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes are now levied to pay the Bonds or the interest to come due thereon, pursuant to Minnesota Statutes, Section 469.178, subdivision 2. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a. bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. Section 6. County Auditor Registration, Certification of Proceedings, Investment of Money Arbitrage, Official Statement and Fees. 6.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditors of Hennepin and Ramsey Counties, together with such other information as the County Auditor shall require, and to obtain from said County Auditors a certificate that the Bonds have been entered on his bond register as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the • -14- _ 73 • Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies,certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any.of its officers,employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and Regulations promulgated thereunder(the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or"private loan bonds" pursuant to Section 141 of the Code. 6.04. Arbitrage Rebate. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; (ii) he Bonds are not "private activity bonds" as defined in Section 141 of the ) P Y Code (Private Activity Bonds); (iii) ninety-five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax-exempt bonds (other than Private Activity Bonds) issued by the City in calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(C) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 6.05. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which • -15- make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that • would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purpose of Section 265(b) of the Code relating to.the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2001 it does not reasonably expect to issue tax-exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of$10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, dated January 10, 2001, prepared and distributed on behalf of the City by Springsted Incorporated, is hereby approved. Springsted Incorporated is hereby authorized on behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Certificates required to be included in the Official Statement by Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser 25 copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing Disclosure. • (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only "obligated person" in respect of the Bonds within the - meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding • -16- 75 anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 7, "Owner" or`Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any"Beneficial Owner" (as hereinafter defined) thereof,if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, `Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i)Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii)Bonds with respect to which the liability of the City has been discharged in accordance with Section 5 hereof; and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times:- (1) on or before 365 days-after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2000 the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to • -17- 7'6 accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information_for such fiscal year or forxhe period most recently.available of the type set forth.below,,which information may be unaudited, but is to be certified as to,accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: • City Property Values • City Tax Capacity Rates • City Tax Levies and Collections Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from.other documents, including official statements, which have . been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include Such.additional specified data regarding the replacement operations. . If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. -18- 77 (2) In a timely manner, notice of the occurrence of any of the following events • which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults; (C) Unscheduled draws-on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax-exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (1) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement; information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence,a "Material Fact is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any . explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and • -19- • (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or(2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term: Amendments: Interpretation. (1) The covenants of the City in this Section 7 shall remain in effect so long as any. Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof)or the consent of the Owners of any Bonds, by a resolution of the City. Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 7 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any -20- . 79 • change in circumstances applicable under clause(i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees.to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the.Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Mayor Attest: City Clerk „ • • -21- . 8® • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. • -22- - 81 • COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS CITY OF ST. ANTHONY,MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of . Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of Resolution No 01- of the City Council of the City of St. Anthony, in said County, adopted January 23, 2001, awarding the sale, fixing the form and details and providing for the execution , delivery and security of$625,000 General Obligation Tax Abatement Bonds, Series 2001 A, of the City, to be dated, as of February 1, 2001. I further certify that said Bonds have been entered on my bond register as required by Minnesota Statutes, Sections 475.62. WITNESS my hand and official seal.this day of , 2001. . Hennepin County Auditor (SEAL) • . 82 COUNTY AUDITOR'S CERTIFICATE AS TO • REGISTRATION OF BONDS CITY OF ST. ANTHONY, MINNESOTA I, the undersigned, being the duly qualified and:acting;County Auditor of Ramsey County, Minnesota, hereby certify that there has been filed in my office a certified copy of Resolution No 01- of the City Council of the City of St. Anthony, in said County, adopted January 23, 2001, awarding the sale, fixing the form and details and providing for the execution , delivery and security of$625,000 General Obligation Tax Abatement Bonds, Series 2001A, of the City, to be dated, as of February 1, 2001. I further certify that said Bonds have been entered on my bond register as required by Minnesota Statutes, Sections 475.62. WITNESS my hand and official seal this day of , 2001. Ramsey County Auditor (SEAL) • 83 CITY OF ST. ANTHONY RESOLUTION 01-029 A RESOLUTION APPROVING URS-BRW, INC. TO COMPLETE PHASE lI INVESTIGATION IN CONJUNCTION WITH THE REDEVELOPMENT OF CENTRAL PARK BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the proposal by URS-BRW, Inc. for completion of a Phase H investigation in conjunction with the redevelopment of Central Park attached herewith. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • UM . 84 BRW, Inc. January 17,2001 Mr. Jay Hartman Director of Public Works City of St. Anthony 3301 Silver Lake Road St.Anthony, MN 55418-1699 RE: Proposal for Phase II Investigation Central Park Redevelopment Dear Mr. Hartman: Thank you for the opportunity to present this proposal for completion of a Phase II investigation in conjunction with the redevelopment of Central Park. This proposal is based in part on the results of the Phase I Environmental Site Assessment (Phase I ESA) completed by BRW, which revealed the following recognized environmental conditions(RECs)in connection with the property: 1. A portion of the Central Park property was utilized as dumping grounds between approximately 1949 and 1954. TheAmerican Legion Post#513 reportedly operated the dumping grounds with the approval of the St. ® Anthony Village Council. Dump debris was encountered in one of five geotechnical borings completed.at the property in December 2000. 2. A suspected petroleum release to groundwater was identified in two of the five geotechnical borings. The suspected release was reported to the MPCA to comply with notification requirements. Several potential sources of the release were identified by the Phase I.ESA, however, the exact source of the suspected release is not yet known. 3. An underground storage tank release was identified during removal of a heating oil tank at the former St. Anthony Community Center property located south/southwest of and adjacent to the property. 4. Groundwater contamination from the Twin Cities Army Ammunition Plant (TCAAP) has impacted bedrock aquifers at the property. Two monitoring wells related to the TCAAP release are located at the Site. Pretreatment results from City of St. Anthony Village water supply wells located adjacent to the property indicate that bedrock aquifers are impacted by low levels of trichloroethene and its degradation products. Minnesota Department of Health well records for the monitoring wells also indicate up to nine feet of"man- made fill RECs #1 and #2 will be addressed by the Phase II investigation. The MPCA leak site file for the underground storage tank release (REC #3) has been closed, meaning that no further investigation or corrective action is required at this time. Investigation and corrective actions related to the TCAAP release (REC #4) are being addressed by the USEPA. The TCAAP release should not need to be addressed in conjunction with the park redevelopment due to the nature of the release(deep aquifer contamination) and the corrective actions completed to date. • Thresher Square 700 Third Street South Minneapolis, MN 55415 612.370.0700 Tel = 612.370.1378 Fax 85 UM BRW, Inc. Jay Hartman January 17, 2001 Paee 2 The Phase II investigation has several purposes: • Delineate the extent of the buried waste materials; • Characterize the nature of the waste materials; • Evaluate whether methane is being generated by the buried waste; • Characterize potential impacts to shallow ground water; and • Perform a preliminary risk assessment for the site. The following scope of services will be completed for the Phase II investigation. Task 1• MPCA Voluntary Investigation and Cleanup Program Application Assistance BRW will complete and submit a MPCA Voluntary Investigation and Cleanup (VIC)Program Application for the City's use in enrolling in the VIC Program. The VIC Program provides technical assistance, expedited technical review and approval of investigations and response actions- at properties with environmental impacts. This expedited review is an important factor for properties that are undergoing redevelopment. The VIC Program charges an hourly fee for their services. The MPCA fees are not included in this proposal. The City will be invoiced directly by the MPCA for their VIC Program services... . . Task 2• Health and Safety Plan Emission Control Plan and Contingency Plan Preparation A site-specific Health and Safety Plan (HSP), Emission Control Plan (ECP) and Site Contingency Plan will be prepared by BRW related to the Phase II investigation. The plans will be prepared in accordance with the VIC Program Guidance Document #10 entitled Site Safety and Contingency Plans. The ECP is required in the event that potentially asbestos-containing buried building materials are encountered during investigation activities. Draft plans will be submitted to the City for review and comment prior to submitting fmal versions to the MPCA. Task 3: Phase II Investigation Work Plan A Phase II Investigation Work Plan will be developed by BRW. The work plan will detail the activities proposed to meet the objectives of the Phase II investigation (Tasks 4 and 5). A draft work plan will be submitted to the City for review and comment prior to submitting the final version to the MPCA. Task 4: Subsurface Investigation Activities Geophysical Surveys BRW will conduct an electromagnetic survey (EM) and a magnetic survey to attempt to map the extent of the dump debris and to locate magnetic anomalies beneath the ground surface. The EM survey will be conducted using a Geonics EM-31® ground conductivity meter. The EM-31 can map subsurface features associated with changes in the ground conductivity, such as geological variations and groundwater contaminants. The magnetic survey will be performed with a Geometrics G-858 MagMappei* cesium magnetometer to pinpoint magnetic anomalies within the fill material. These anomalies will be targeted for further investigation. • . 86 UM • BRW, Inc. Jay Hartman January 17, 2001 Page 3 Test Trenches and Test Pits Five test trenches will be conducted to attempt to better characterize the nature and extent of the dump materials at the site. The trenches willbe advanced along the toe of the slope of the sliding hill below the parking lot. The trenches will be spaced at roughly 100-foot intervals. Trench dimensions will be up to 40 feet long, three feet wide and ten feet deep. Detailed logs of the trenches will be prepared to document the nature of the fill materials encountered. Photographs will also be taken of each trench. Samples of the dump material will be collected from the trenches for field screening and laboratory analysis. The samples will be screened for volatile organic compounds (VOCs) with a photoionization detector (PID) and for methane with a combustible gas meter. Selected samples«ill be submitted for laboratory analysis. The samples will be analyzed for a combination of the following parameters: • VOCs-Minnesota Department of Health(MDH)Method 466A; • Diesel Range Organics (DRO) - Modified Wisconsin Department of Natural Resources (WDNR) DRO Method; • Gasoline Range Organics(GRO)-Modified WDNR GRO Method; • • RCRA Metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium 'and silver) - USEPA Method SW-846-7000 Seri es; • Polychlorinated Biphenyls (PCBs)-USEPA Method 8052; and • Polynuclear Aromatic Hydrocarbons (PAHs)-USEPA Method 8270. For cost estimating purposes, we assume that two samples from each trench (ten samples) will be analyzed for each of the above parameters. Soil Borings and Temporary Monitoring Wells Eleven soil borings will be advanced at the site to characterize the nature and define the extent of the identified release to ground water at the site, and to assist in determining the extent of dump materials, and to evaluate the type and thickness of cover soils over the dump materials. Each boring will be approximately 20 feet deep. Samples will be collected from the borings at continuous two-foot intervals. Samples of the fill-material will be collected for field screening and laboratory analysis. The samples will be screened for VOCs with a PID and for methane with a combustible gas meter. Selected samples will be submitted for laboratory analysis. The fill samples will be analyzed for a combination of the following parameters: • VOCs-MDH Method 466A; • DRO -Modified WDNR DRO Method; • GRO -Modified WDNR GRO Method; • RCRA Metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver) - USEPA Method SW-846 -7000 Series; • • PCBs-USEPA Method 8082; and • PAHs-USEPA Method 8270. to 7 UM ® BRW, Inc. Jay Hartman January 17, 2001 Page 4 For cost estimating purposes,.we assume that one fill sample from each boring will be analyzed for the above- indicated parameters. Temporary monitoring wells will be installed in each boring. One ground water sample will be collected from each temporary monitoring well. The samples will be analyzed for the following parameters: • VOCs-MDH Method 466A; • DRO-Modified WDNR DRO Method; and • GRO -Modified WDNR GRO Method. For cost estimating purposes, we assume that one ground water.sample from each temporary monitoring well will be analyzed for the above-indicated parameters. The temporary wells will be removed following ground water sample collection. Methane Monitoring Up to five temporary gas-monitoring probes will be advanced at the property to determine the extent which methane is being generated, if any. The exact locations of the probes will be based on the results of the geophysical, .test trench and soil boring investigations. Gas samples, will be collected from each probe for, methane screening with a combustible gas meter. Gas samples will also be collected from the storm sewer manholes across the property for methane screening with a combustible gas meter. Task 5: Phase II Investigation Report Results of the investigation will be compiled into a Phase II Investigation Report. The report will be prepared in accordance with VIC Program guidance,and will include the following: • Background information, including Phase I ESA and geotechnical investigation results; • Drawings depicting site location, site diagram, investigation activities,extent of dump materials, and extent of groundwater impacts; • Graphical portrayal of the geophysical investigation results; • Soil boring,temporary monitoring well and test trench logs; • Tabulated field screening and analytical testing results; • Detailed analysis and summary of the investigation results; and • Conclusions and recommendations regarding the extent and magnitude of impacts at the site, and the need for corrective actions in conjunction with park redevelopment. Task 6 -Response Action Plan BRW will prepare a Response Action Plan (RAP) to address environmental issues related to park redevelopment. The RAP will include details regarding the following: • • worker health and safety; • emission controls during excavation; • characterization and disposition of excavated materials; URS -88 • BRW, Inc. Jay Hartman January 17,2001 Page 5 • on-site management of impacted materials; • thickness and type of cover materials;and • institutional controls for impacted materials left in place. A cost estimate to complete the services detailed in this proposal is provided below. Please note that investigation costs may vary and are dependant on MPCA approval of the Phase II Investigation Work Plan. Task 1: MPCA Voluntary Investigation and Cleanup Program Application Assistance BRW,Inc. Fees and Expenses $300 Task'2: Health and Safety Plan and Contineency Plan Preparation BRW,Inc. Fees and Expenses $1,700 Task 3: Phase II Investigation Work Plan BRW, Inc. Fees and Expenses $2,500 0 Task 4: Subsurface Investigation Activities BRW, Inc. Fees and Expenses 10,500 Excavation Subcontractor 3,500 Drilling Subcontractor 7,500 Laboratory Analysis Subcontractor 15,500 $37,000 Task 5: Phase II Report BRW,Inc. Fees and Expenses $3,500 Task 6-Response Action Plan BRW,Inc. Fees and Expenses $7,500 ESTIMATED TOTAL: $52,500 Services will be invoiced monthly,due net 30 days and will include a description of services provided. . 89 UM • BRW, Inc. Jay Hartman January 17, 2001 Page 6 We appreciate the opportunity to provide the City with this proposal and look forward to continuing our work related to the park redevelopment. Please feel free to contact either of the undersigned at (612) 370-0700 if you ' have any questions or require additional information. Sincerely, BRW,INC. Chris G. Bratsch,P.E. Steve McManamon,P.G. Project Engineer Environmental Services Manager pc: Bob Kost,BRW, Inc. RJURS Projects-St.Anthony Central Park-Phase 11 Propesil • 90 • CITY OF ST. ANTHONY RESOLUTION—01 - 025 A RESOLUTION APPROVING THE 2001 PAY EQUITY IMPLEMENTATION REPORT WHEREAS, Minnesota Statute 471.9981 requires each political subdivision to submit to the Commissioner of the Minnesota Department of Employee Relations(DOER)a pay equity implementation report by January 31, 2001,that includes certain information as of December 31, 2000; WHEREAS, the City of St. Anthony has completed the pay equity implementation form as provided by DOER based on information as of December 31,2000; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony that the pay implementation report is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the report authorizing approval of it by the City Council. Adopted this day of , 2001. • Mayor Attest: City Clerk ' Reviewed.by Administration; City Manager . • 91 • Memo . Date: January 8, 2001 To: Mayor and Council Members Cc: Michael J. Momson, City Manager From: Susan Henry, Assistant City Manager RE: 2001 Pay Equity Report Attached in the completed 2001 Pay Equity Report for the City of St. Anthony as required by the State Department of Employee Relations (DOER) in accordance to the Minn. Stat. 471.991-471.999 and Minnesota Rules, Chapter 3920. Every third year, the City is required to analyze its pay structure for evidence of inequities, and to report the information to DOER. Pay equity is designed to address to problem,of a wage structure in which there is one patter for jobs performed mostly by men and another for jobs performed mostly by women. Pay equity affects pay structure, not pay level or pay method. The report is due to DOER on or before January 31, 2001. In order to comply with the above- noted statutes, this report must be submitted to the City Council for their review and signed by the Mayor verifying that the information contained in the implementation report has been reviewed and approved. Labor Relations Associates assisted with analyzing the class titles for the report, and concluded the City is found to be "in compliance" on the underpayment ratio, salary range and exceptional pay tests. The results of the statistical analysis can be found attached. Labor Relations has suggested the City may want to update its job evaluation system in the future. Currently, the City utilizeS.the State Job Match system. If the City does this, DOER will be notified. The City is required to post a public notice on site for 90 days after submission to DOER. It states the information contained in the 2001 implementation report is public data and available to anyone requesting it. In addition, the notice was sent to all exclusive representatives within the City's jurisdiction and to the local library. . � 1 Pay Equity Implementation Report 92 and completed report to: Pay Equity Coordinator For Department Use Only Department of Employee Relations •200 Centennial Building Postmark Date of Report 658 Cedar Street St. Paul, MN 55155-1603 (651) 296-2653 (Voice) Jurisdiction ID Number (651) 297-2003 Ci DD) Name of Jurisdiction . _ City of St.' Anthony. Villa e. m 1 City C3 County C2 School El Other: Address City State Zip 3301 Silver Lake Rd NE I St. Anthony MN 55418 (Phone - Contact Person ( ) Sue Henry ®The job evaluation system used measured skill, effort, ® No salary ranges/performance differences. responsibility and working conditions and the same system was used for all classes of employees. ❑ Check here if both of the following apply; otherwise, leave Check the system used: blank. a. Jurisdiction does not have a salary range for any job State Job Match class. ❑ Designed Own (specify) b. Upon request, jurisdiction will supply documentation showing that inequities between male and female El Consultant's System (specify) Note: are due to performance differences. Note: Do not include any documentation regarding performance with this form. ❑ Other (specify) Q An official notice has been posted at 3 © Health insurance benefits for male and female classes . City Hall.. of comparable value have been evaluated and: (prominent location) informing employees that the Pay Equity Implementation j 131"There is no difference and female classes are not Report has been filed and is available to employees upon at a disadvantage. request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report ❑ There is a difference and the maximum salaries was approved by: reported include the monthly amount paid by the City Council employer for health insurance. (governing body) Information in this report is complete and accurate. Dennis Cavanaugh (chief elected official,print) Q The report includes all classes of employees over which the jurisdiction has final budgetary approval (chief elected official,signature) authority. Mayor — 7i)tlel (dare) Result from Salary Range Worksheet cam127. 78 % is the result of average years to salary range maximum for male classes divided by the average years to salary range maximum for female classes. S%m Results from Exceptional Service Pay Worksheet af- u >Tc cL E ❑ 20% or less of male classes receive ESP. 105. 00 % is the result of the percentage of female classes receiving ESP divided by the percentage om =a of male classes receiving ESP. u � c c a $ 2,923,903.00 is the annual payroll for the calendar year just ended December 31. b.L ~ d (Part F on Back) oarearot.oes • PART F: Jolt Climellinfloll Report Dale C_ii of St thQny Village Contact Person $iie Hpnry (Name of Juan lion) 3301 Silver Lake Rd NE Phone ( 612) 789-8881 (address) To convert on hourly St. Anthony, MN 55418 rate to a monthly rate, (City,Stnte,Zip) multiply houly rate by 173.3 A D C D E Number of Number of Class Comparable Minimum Maximum Yenrs N Years Exccplional Male Fcmale Type Work Value Monthly Monthly to or of Service CIas Ein ployees Fmpl�ce M.r.n (lob oink Salary :Saln_rY Max SC v�tcc NY 1. Wa i tnPrsnn p 8 'F ': 100 $ 1 066_ n0. S-1421-00 4 2. Accounting Clerk (PT) 0 1 F 100 $1243. 00 s1657.00 3 3. police Clerk 0 _ _ 1 _E- 100 $1936. 00 s258 -_ 00 3. . 4. ID Checker 0 2 F 100 $1162. 00 $1550. 00 20 S. Liquor Clerk 12 3 M 100 $ 1162. 00 $1550.00 d 6. rook (PT) 2 2 B 105 $ 1625. 00 $2167. 00 7. Liquor Cashier 0 1 F 105 $ 1759. 00. $1759. 00 7 s Kitchen Manager 0 1 F 110 $ 1331 . 00 $1331 . 00 11 9 Public Works Laborer (PT) 12 5 B 119 $1127. 00 51330. 00 0. 5 10. Rananf-inn _St _0 _ F 122 s2 221 . 00 $2961 . 00 3 bong ll. Utility Billing Clerk 0 1 F 141 $2221 . 00 $2961 . 00 -3 - 12. pal ice .Secretary 141 s2113. 00 $2817. 00 3 Long_ 13. Bookkeeper 0 1 F 149 $2362. 00 $3150. 00 3 14 Maintenance Worker 6 1 M 149 $2305. 00 $3073. 00 5 is. Bartender (PT) 3 0 M 162 $1093. 00 51457. 00 13 16. Liquor Store Supervisor 2 1 B 162 $2250. 00 $3000. 00 10 Please make ndditionnl copies of this form as needed to allow space for nil the job classes in your jurisdiction. Return in: Faith Zwemke,Department of Employee Relations,200 Centennial Building,658 Cedar Street,St.Paul,MN 55155-1603 Questions: Call(651)296-2653(voice) payr. 1plf (651)297-2003(TDD) LABOR RELATIONS ASSOCIATES, INC. . 94 7501 Golden Valley Road Golden Valley, Minnesota 55427 • 763/546-1470 FAX:763/546-1552 January 5, 2001 Ms. Sue Henry Assistant City Manager City of St. Anthony Village 3301 Silver Lake Road Northeast St. Anthony, MN 55418 Dear Ms. Henry: Enclosed is your Pay Equity Implementation Report. Please fill in Part E, the total payroll for the calendar year ending December 31, 2000, and have the Mayor sign and date the report and send it to the Department of Employee Relations (DOER). This report must be postmarked no later than January 31, 2000 deadline.' Per our telephone discussion on January P, you will complete the posting Notice. Once the notice form is completed, send a copy to all exclusive union representatives, post the notice in a prominent location accessible to all City employees, and make a copy available -in the public library. The Notice must be sent and posted before the report is submitted to the DOER. Posted notices must remain posted for at least 90 days after the report is submitted to,the DOER. I have also enclosed a copy of the Pay Equity Compliance Report for your records. The underpayment ratio, through the statistical analysis test, is at 157.1%. In order to be found "in compliance", a City is required to have an underpayment ratio at or above 80%. Based on the underpayment ratio, the City of St. Anthony Village would be found "in compliance"by the DOER. When running the pay equity report, the salary range test was at 127.78% and the exceptional service pay test was at 105.00%. In order to be found "in compliance"under the salary range test and/or exceptional service pay test, a City is required to have a score of 80% (or above), or 0%. Based on the salary range test and the exceptional service pay test, the City of St. Anthony Village would be found"in compliance".by the DOER. Please review the enclosed forms carefully and cross-reference with your records to be sure the numbers are accurate. Sincerely, Sheri Chesness Research Associate/Consultant • Enclosures City of St. Anthony 6,200 6,000 5,800 5,600 5,400 5,200 5,000 8 4,800 o ° 4,600 • 4,400 ° s 4,200 4,000 0 Pay 3,800 ° ° 3,600 3,400 3,200 0 • • 3,000 0 0 ° 0 2,800 0 2,600-b 2,400 2,200 S 2,000 ° 1,800 1,600 El 1,400 O • 100 120 140 160 180 200 220 240 260 280 300 320 340 360 380 400 420 440 460 480 500 Points — Predicted Pay © Male Jobs o Female Jobs ♦ Balanced Jobs �'1 Compliance Report . 96 Jurisdiction: City of St. Anthony Date: 01/05/2001 • Contact: Sue Phone: (612) 789-8881 Insurance Added? N Job Evaluation System Used: State Job Match The statistical analysis, salary range and.exceptional service pay test results are shown below. Part I is general information from your Pay Equity Report data. Parts II, III, and IV.give you the test results. For more detail on each test, refer to the guidebook. I. GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes #Job Classes 21 12 3 36 # Employees 63 20 24 107 Avg. Max Monthly Pay per Employee 3,262.46 2,031.60 2,677.06 II. STATISTICAL ANALYSIS TEST Male Female Classes Classes A. UNDERPAYMENT RATIO= 157.1 a. #at or above Predicted Pay 10 8 b. #Below Predicted Pay 11 4 C. TOTAL 21 12 d. % Below Predicted Pay 52.38 33.33 (b divided by c=d) • * (Result is % of male classes below predicted pay divided by% of female classes below predicted pay) B. T-TEST RESULTS Degrees of Freedom (DF)= 81 Value of T= -0.639 a. Avg. diff. in pay from predicted pay for male jobs = -$21 b. Avg. diff. in pay from predicted pay for female jobs = $42 III. SALARY RANGE TEST= 127.78% (Result is A divided by B) A. Avg.#of years to max salary for male jobs = 3.83 B. Avg.#of years to max salary for female jobs = 3.00 IV. EXCEPTIONAL SERVICE PAY TEST 105.00% A. % of male classes receiving ESP 23.81 B. % of female classes receiving ESP 25.00 * (if 20% or less, test result will be 0.00) 97 Predicted Pay Report - City of St. Anthony 01/05/2 . Page: 1 Case: 2000 Job Male Female Total Work Max Mo. Predicted Pay Difference Nbr Job Title Empl Empl Empl Sex Points Salary Pay 1 Waitperson 0 8 8 F 100 $1,421.00 $1,601.32 -$180.32 2 Acctg Clerk(PT) 0. 1 1 F 100 $1,657.00 $1,601.32 $55.68 3 Police Clerk 0 1 1 F 100 $2,582.00 $1,601.32 $980.68 4 ID Checker 0 2 2 F 100 $1,550.00 $1,601.32 -$51.32 5 Liquor Clerk 12 3 15 M 100 $1,550.00 $1,601.32 -$51.32 6 Cook(PT) 2 2 4 B 105 $2,167.00 $1,689.60 $477.40 7 Liquor Cashier 0 1 1 F 105 $1,759.00 $1,689.60 $69.40 8 Kitchen Manager 0 1 1 F 110 $1,331.00 $1,777.88 -$446.88 9 Public Works Laborer(PT) 12 5 11 B 119 $1,330.00 $1,936.79 -$606.79 10 Receptionist 0 1 1 F 122 $2,961.00 $1,989.76 $971.24 11 Utility Billing Clerk 0 1 1 F 141 $2,961.00 $2,675.46 $285.54 12 Police Secretary 0 1 1 F 141 $2,817.00 $2,675.46 $141.54 13 Bookkeeper 0 1 1 F 149 $3,150.00 $2,697.70 5452.30 14 Maintenance Worker 6 1 7 . M 149 $3,073.00. $2,697.70 $375.30 15 Bartender(PT) 3 0 . 3 MI. 162 $1,457.00 $2,733.85 $1,276:85 16 Liquor Store Supervisor 2 1 3 B 162 $3,000.00 $2,733.85 S266.15 17 Bartender(FT) 1 0 1 M 162 $2,040.00 $2,733.85 -5693.85 18 Executive Secretary 0 1 1 F 173 $3,279.00 $2,824.07 $454.93 19 Stonehouse Liquor Manager 1 0 1 M 180 $3,981.00 $2,868.58 $1,112.42 20 Water/Sewer Maintenance 2 0 2 M 180 $3,134.00 $2,868.58 $265.42 21 Mechanic 1 0 1 M 208 $3,198.00 $3,627.10 -$429.10 22 Fire Fighter 3 0 3 M 227 $3,810.00 $3,685.47 $124.53 23 Fire Captain 2 0 2 M 240 $3,979.00 $3,986.28 -$7.28 24 Police Officer 13 2 15 M 244 $4,020.00 $4,078.84. -$58.84 25 Asst.City Manager 0 1 1 F 252 $3,667.00 $4,255.38 7-$588.38 26 Public Works Supervisor 1 0 1 M 252 $3,772.00 $4,255.38 -$483.38 27 Asst. Fire Chief 1 0 1 M 252 $4,321.00 $4,255.38 $65.62 28 Police Sergeant 1 0 1 M 252 $4,220.00 $4,255.38 -$35.38 29 Police Lieutenant 3 0 3 M 252 $4,464.00 $4,255.38 $208.62 30 Police Captain 1 0 1 M 252 $4,714.00 $4,255.38 $458.62 31 Finance Director 1 0 1 M 353 $4,741.00 $4,848.25 -$107.25 • 32 Fire Chief 1 0 1 M 353 $5,000.00 $4,848.25 $151.75 33 Public Works Director 1 0 1 M 353 $4,617.00 $4,848.25 -$231.25 34 Liquor Operations Manager 1 0 1 M 353 $5,035.00 $4,848.25 $186.75 Predicted Pay Report - City of St. Anthony 01/05, - 98 Page: 1 Case: 2000 Job Male Female Total Work Max Mo. Predicted Pay Nbr Job Title Empl Empl Empl Sex Points Salary Pay Difference 35 Police Chief 1 .0 1 M 393 $5,222.00. $5,222.00 $.00 36 City Manager 1 0 1 M 500 $6,194.00 $6,195.70 $1.70 • Data Entry Listing - City of St. Anthony 01/05/20( Pagc.. Case:2000 • Class Min Max Yrs to Yrs Job Nbr Job Title Men Females Type Points Salary Salary Max of Sry Exceptional Sry 1 Waitperson 0 8 F 1.00 $1,066.00 $1,421.00 4 2 Acctg Clerk(PT) 0 1 F 100 $1,243.00 $1,657.00 3 3- Police Clerk . 0 1 F 100 $1,936.00 $2,582.00 .3 4 ID Checker 0 2 F 100 $1,162.00 $1,550.00 20 5 Liquor Clerk 12 3 M 100 $1,162.00 $1,550.00 4 6 Cook(PT) 2 2 B 105 $1,625.00 $2,167.00 1 7 Liquor Cashier 0 1 F 105 $1,759.00 $1,759.00 7 8 Kitchen Manager 0 1 F 110 $1,331.00 $1,331.00 11 9 Public Works Laborer(PT) 12 5 B 119 $1,127.00 $1,330.00 0.5 10 Receptionist 0 1 F 122 $2,221.00 . $2,961.00 3 Longevity 11 Utility Billing Clerk. 0 1 F 141 $2,221.00 $2,961.00 3 12 Police Secretary 0 1 F 141 $2,113.00 $2,817.00 3 Longevity 13 Bookkeeper 0 1 F 149 $2,362.00 $3,150.00 3 14 Maintenance Worker 6 1 M 149 $2,305.00 $3,073.00 5 15 Bartender(PT) 3 0 M 162 $1,093.00 $1,457.00 13 16 Liquor Store Supervisor 2 1 B 162 $2,250.00 $3,000.00 10 17 Bartender(FT) 1 0 M 162 $1,530.00 $2,040:00 . 3 • 18 Executive Secretary 0 1 F 173 $2,459.00 $3,279.00 3 Longevity 19 Stonehouse Liquor Manager 1 0 M 180 $3,131.00 $3,981.00 3 Longevity 20 Water/Sewer Maintenance 2 0 M 180 $2,259.00 $3,134.00 6 21 Mechanic 1 0 M 208 $3,198.00 $3,198.00 13 22 Fire Fighter 3 0 M 227 $2,857.00 $3,810.00 3 23 Fire Captain 2 0 M 240 .$3,979.00 $3,979.00 16 24 Police Officer 13 2 M 244 $3,015.00 $4,020.00 3 25 Asst.City Manager 0 1 F 252 $3,667.00 $3,667.00 0.5 26 Public Works Supervisor 1 0 M 252 $3,772.00 $3,772.00 9 27 Asst.Fire Chief 1 0 M 252 $4,321.00 $4,321.00 28 Longevity 28 Police Sergeant 1 0 M. 252 $4,220.00 $4,220.00 10_ 29 Police Lieutenant 3 0 M 252 $4,464.00 $4,464.00 4 30 Police Captain 1 0 M 252 $4,714.00 $4,714.00 16 Longevity 31 Finance Director 1 0 M 353 $4,741.00 $4,741.00 10 Longevity 32 Fire Chief 1 0 M 353 $5,000.00 $5,000.00 1 33 Public Works Director 1 0 M 353 $4,617.00 $4,617.00 15 34 Liquor Operations Manager 1 0 M 353 $5,035.00 $5,035.00 4 35 Police Chief 1 0 M 393 $5.222.00 $5,222.00 34 Longevity • 36 City Manager 1 0 M 500 $6,194.00 $6,194.00 6 X. REPORTS FROM COMMISSIONS AND STAFF. A. Planning Commission - January 16, 2001 • 100 DRAFT 1 CITY OF ST. ANTHONY • 2 PLANNING COMMISSION MEETING MINI'_: 3 JANUARY 16, 2001 4 7:.00 p.m. 5 1. CALL TO ORDER. 6 The meeting was called to order at 7:00 p.m.by Vice Chair Melsha. He requested that Agenda Items 7 3 and 4 be considered prior to Item 2, Appoint Chair/Vice Chair. 8 3. PLEDGE OF ALLEGIANCE. 9 Vice Chair Melsha invited the Commission and the audience to join in the Pledge of Allegiance. 10 4. ROLL CALL. 11 Present: Vice Chair Melsha; Commissioners Hanson, Hatch (arrived at 7:01 12 p.m.), Steeves, Stille, Thomas, and Tillmann (arrived at 7:01 p.m.). 13 Commissioners absent: None. 14 Also present: Assistant City Manager Susan Henry •15 2. APPOINT-CHAIRXICE CHAIR. 16 Stille made and Thomas seconded the nomination of Christopher Melsha to the position of Chair. 17 Tillmann made and Melsha seconded the nomination of Randy Stille to the position of Chair. 18 Motion by Hanson, second by Thomas, to close nominations for the Year 2001 Planning 19 Commis_sion Chair. 20 Motion carried unanimously. 21 Vice Chair Melsha requested a voice vote to determine the election. 22 23 1 vote for Stille (Tillmann); 5 votes for Melsha (Hanson, Steeves, Thomas, Hatch, and 24 Stille; 1 abstain (Melsha). 25 Melsha stated his acceptance of the position of Chair and appreciation to the Planning 26 Commissioners for this nomination. 27 Thomas made and Chair Melsha seconded the nomination of Randy Stille as Vice Chair. 28 Motion by Tillmann, second by Chair Melsha,to close nominations and elect Randy Stille as the 29 Year 2001 Planning Commission Vice Chair. •30 Motion carried unanimously. 101 Planning Commission Meeting Minutes January 16, 2001 Page 2 1 5. PUBLIC INPUT. 2 Chair Melsha asked if anyone in the audience was interested in addressing the Planning Com- 3 mission on issues that were not on the regular meeting agenda. Hearing no comments, Chair 4 Melsha moved forward with the agenda. 5 6. APPROVAL OF AGENDA. 6 Chair Melsha advised that Agenda Item 9, reconsideration of Walgreens sign variance request, 7 has been tabled to February 20, 2001 at the request of the applicant. 8 Motion by Thomas, second by Hatch,to approve the meeting agenda with the aforementioned 9 revision. 10 Motion carried unanimously. 11 7. MEETING MINUTES 12 7.1 Review and Approve Planning Commission Minutes of December 19, 2000 13 The Commissioners requested the following corrections: 14 Page 8, Line 1: "Stille stated his concern. . �., 15 Page 8, Line 25: "Hanson pointed out the anticipated Walgreens opening in October of 2002..." 016 Page 9, Line 35.: "opposed to the proposed size of the sign, he would prefer to define.the hardship . 17 issue..." 18 Page 13, Lines 14, 16 and 17: replace term "Apache Mall"with "St. Anthony Shopping Center" 19 Motion by Hanson, second by Thomas, to approve the December 19, 2000 Planning Commission 20 Meeting Minutes as corrected above. 21 Motion carried unanimously. 22 8. COMMUNICATION FROM CITY COUNCIL. 23 8.1 Designate a Planning Commissioner to the City Council meeting of January 23, 2001 24 Commissioner Hanson agreed to be the Planning Commission representative to the January 23,2001 25 City Council Meeting. 26 9. RECONSIDERATION OF WALLGREENS SIGN VARIANCE REQUEST PER COUNCIL 27 ACTION ON JANUARY 9, 2001. 28 This item was tabled to the February 20, 2001 meeting at the applicant's request. 29 10. REPORTS AND INFORMATION: NEW BUSINESS 30 10.1 Proposed Code Enforcement Policy 31 It was noted that the Planning Commissioners are being asked to review the proposed City Code 32 Enforcement Policy and provide feedback to Fire Chief Joel Hewitt. 033 Fire Chief Joel Hewitt introduced Captain Don Drusch and reviewed his background in Code 34 enforcement issues. He noted the copy of his memorandum which was included in the Planning Commission Meeting Minutes 102 January 16, 2001 Page 3 1 Commission's meeting packet. He explained this was a first draft after receiving a directive from 2 City Manager Morrison to address the City's Code enforcement policy. 3 Fire.Chief Hewitt explained that the Fire Department has been in charge of Code enforcement for 4 several years and would like to involve all staff and commissions to assist them in this enforcement 5 activity. He stated that while they have made progress, he believes there is still room for . 6 improvement and has talked with code enforcement officers of other communities to learn what they 7 are doing. 8 Fire Chief Hewitt commented on the importance of consistency in Code enforcement to avoid 9 confusion and treat all equally. He stated they found the Fire Department also needs training in 10 personal conflict resolution skills since they sometimes find themselves in the middle of 11 neighborhood conflicts. He stated they also need training about which Code and Code section would 12 apply so it can be identified which jurisdiction applies. Fire Chief Hewitt stated their intent to find 13 a win-win situation for all involved. 14 Fire Chief Hewitt stated they have developed a complaint form which is used by City staff when a 15 complaint call is received. He reiterated their desire to apply the Code consistently within a 16 reasonable time line. He reviewed how Fire Department officers are scheduled and their attempt to 4017 assure timely complaint response. 18 Fire Chief Hewitt stated they also need to find a method to receive feedback from City staff and the 19 City Council. He read their overall goal which states: "To improve the visual impression of our 20 community, the City staff of St. Anthony Village are committed to the mission of enforcing the 21 Housing Code, to include residential and commercial properties by enforcing the land use and 22 housing provisions City Code, specifically the nuisance section; responding to the concerns and 23 complaints of our residents and City Council." 24 25 Fire Chief Hewitt stated he believes Code enforcement will result in improved neighborhood and 26 commercial appearances, growing pride of resident and business owners, maintaining property 27 values,instill confidence that violations will not be allowed to continue,and encourage reinvestment 28 in neighborhoods.and commercial areas. 29 Fire Chief Hewitt stated they now have a digital camera to document photographs and present a 30 visual record of the condition of the site. He reviewed their efforts to determine the objective, an 31 enforcement procedure, office follow-up, and re-inspection. In summation, Fire Chief Hewitt 32 thanked the Planning Commission for their consideration of the issues raised and offered the 33 following recommendations: 34 To authorize discussion and facilitate discussion resulted from this correspondence with City 35 Council, Planning Commission and City Staff. •36 To provide conflict resolution,dealing with difficult people,Code jurisdiction identification 37 training to Fire Personnel. 38 To adopt the Overall Goal, and to review it annually for direction and approval by the City 39 Council 1®3 Planning Commission Meeting Minutes January 16, 2001 Page 4 1 To adopt the Code Enforcement Resolution and Inspections Procedures 2 To authorize a feasibility study for the hiring of a Code Specialist/Fire Marshal,this position 3 would resolve several issues enhance enforcement of the Houging and Fire Codes, provide 4. Fire Code interpretation, and enhance our fire service delivery. 5 Chair Melsha thanked Fire Chief Hewitt for providing this information in written form. 6 Stille how they find violations. Captain Gruth stated they try to, as time permits, notice violations 7 while in the field and address them at the time they are noticed. He stated they also respond to 8 complaints, as needed. 9 Thomas noted that grass over six inches tall is a violation. He asked if ornamental types of grasses, 10 which are generally taller, are further identified. Fire Chief Hewitt stated they are aware of one 11 prairie grass lawn in St. Anthony which they view differently than the typical residential lawn. He 12 stated he thinks non-traditional types of lawns may become more common. 13 Captain Gruth stated they have been fairly lenient but he believes the Code currently does not allow 14 any type of lawns taller than six inches. He noted the Code was developed years ago and,perhaps, 15 should be reevaluated. He suggested that the Code also be reviewed to assure it complies with State 16 Statutes- 17 Fire Chief Hewitt stated they would like to evaluate these goals and policy issues on an annual basis 18 to assure that issues such as prairie restoration lawns are properly addressed and the Code conforms 19 to the times. 20 Chair Melsha agreed with the need to assure the Code is up-to-date and suggested sections that need 21 to be reviewed be referred to staff. 22 Hanson stated the Planning Commission was frustrated with Code enforcement about a year ago so 23 former Fire Chief Johnson came and addressed the issue. He stated he hopes the City supports them 24 by providing the requested training. Hanson suggested the Code Enforcement Policy be broadcast 25 on Cable television, posted on the City's web page, and included in a City newsletter. He 26 encouraged the Fire Department to bring any Code sections before the Planning Commission as they 27 become aware there is a need for revision. 28 Thomas stated several weeks ago he and Henry met with representatives from the Center for Energy 29 and Environment to look at putting together a grant for home rehabilitation. Data is now being 30 collected so a grant can be filed in the fall and, hopefully, grant funds will be available by the end 31 of the year to improve housing stock. 32 Tillmann stated it is important to have written procedures to assure enforcement is consistent. She 33 suggested a general comment be included to identify how violations are found by the Fire 34 Department. 104 Planning Commission Meeting Minutes January 16, 2001 Page 5 • 1 Tillmann asked how the Fire Department determines a Code violation and if training is needed in 2 that area as well. Captain Gruth explained that they review the Code when a particular complaint is 3 received but sometimes they find inconsistency in Code language. 4 Tillmann asked if there will be an opportunity for a more informal compliance and enforcement 5 procedure. Fire Chief Hewitt stated the Fire Department staff includes great employees who are on 6 the cutting edge of providing customer services to the community. He stated many residents will 7 not even know it is a Code violation since it will just be mentioned to them and they will be asked 8 to take care of it. Fire Chief Hewitt reviewed their efforts to remain flexible and work with the 9 residents to gain cooperative compliance. 10 Tillmann asked who is responsible for enforcement of Conditional Use Permits. Fire Chief Hewitt 11 stated the Fire Department is not responsible for that compliance issue. 12 Chair Melsha asked how Conditional Use Permit documents are stored. Henry stated the larger 13 project files contain all paperwork and meeting minutes. However, if the project is smaller in size, 14 it may take longer to locate the appropriate meeting minutes. 15 Chair Melsha suggested the Conditional Use Permits be compiled in a summary fashion so the City •16 knows which properties are subject to a Conditional Use Permit.. The Commissioners agreed'that 17 this would be a good goal for 2001: 18 Stille relayed that this same concern was raised at the last City Council meeting and staff was 19 directed locate the files and, in the future, the permits will be recorded with the property. 20 Hatch asked about enforcement of noise complaints. Fire Chief Hewitt stated that violation would 21 be under the jurisdiction of the Police Department but the Fire Department would work closely with 22 them. 23 Hatch asked if there are additional issues that the Planning Commission should include in its 2001 24 goals. Fire Chief Hewitt stated they have struggled with the Code Enforcement book physically and 25 found that it is difficult to locate the pertinent sections of the Code and assure that it complies with 26 State Statutes. 27 Chair Melsha suggested an additional goal of Code enforcement is promoting public safety. He 28 stated his support for the requested training in conflict resolution which is vital in gaining 29 enforcement. 30 Fire Chief Hewitt thanked the Planning Commission for its input and stated he will include the 31 suggestions in his presentation before the City Council. • 32 10.2 2001 Planning Commission Goals 33 Melsha noted the request for the Planning.Commission to form goals for the year 2001. 34 Following discussion, the following Year 2001 goals were established: 105 Planning Commission Meeting Minutes ' January 16, 2001 Page 6 • 1 0 Continued redevelopment of St.Anthony Shopping Center(fire station,Stonehouse, 2 Kenzie Terrace properties) 3 Identifying and,submitting grant applications (first.ring suburb grants) 4 Development and facilitation of residential property grant/loan programs 5 Update Ordinance related to communication towers and antenna 6 Update the Sign Ordinance 7 Redevelopment of the Northwest.Quadrant 8 Compile Summary of Conditional Use Permits 9 Develop a plan of action to bury overhead power lines and tie it into the City' Capital 10 Improvement Plan 11 Address Codes to assure they are appropriate 12 Hatch stated he had talked with former Chair Bergstrom and it was mentioned there may be a need 13 for a part-time City Planner who could address some of the goals mentioned. He suggested this 14 position could be established with a term,such as two years,and he believes there would be qualified 15 candidates who would be interested. 16 Stille stated the City also has to address how to spend funds to implement liveable communities 17 which would relate to the Salvation Army property and updating the housing stock. •18 Thomas stated Hatch makes an excellent suggestion and he also believes there is a need for apart 19 time Planner to identify these needs. He noted the Northwest Quadrant Study identified some 20 interesting initial data which could be addressed by a City Planner. 21 Thomas and Hanson volunteered to meet as a Code Review Subcommittee. 22 10.3 Application Status to Minnesota Housing Finance Agency 23 Thomas advised that he and Henry met with staff from the Center for Energy and Environment 24 (CEE) regarding a potential single family application to the Minnesota Housing Finance Agency 25 (MHFA) for the establishment of some rehabilitation funds/loans for St. Anthony residents. After 26 discussion,the consensus was to pull back on this application round due in February so as to collect 27 more housing and demographic.information,as well as to find out more about community needs,like 28 from a community survey. Henry explained that the City will work with the CEE on a.spring 29 mailing to residents describing current MHFA loan products available for housing fix-up projects. 30 Once the housing needs of St. Anthony residents is better determined,an application will be pulled 31 together for the fall round. 32 11. REPORTS AND I1\TORMATION: OLD BUSINESS. 33 11.1. Antenna/Tower Subcommittee. 34 Chair Melsha stated they are currently in the informational gathering stage. Henry reviewed the 35 information she has compiled which has been provided to the Subcommittee members. 036, 11.2 Cily Monument Sign Subcommittee. Planning Commission Meeting Minutes 106 January 16, 2001 _ Page 7 1 Henry noted that the City Council is asking for Planning Commission direction on an electronic City 2 monument sign for the front of the City Hall/Community Center. She stated that she wants to keep 3 this issue in front of the Planning Commission: 4 Stille stated he and Henry comprise this Subcommittee and asked if there are any suggestions. 5 Chair Melsha stated he thinks, perhaps, the Ordinance should be addressed before making a 6 recommendation on the City monument sign. Henry noted the City is interested in erecting a sign 7 in the spring but that should allow enough time. 8 Tillmann volunteered to join Stille and Henry on the City Monument Sign Subcommittee. Chair 9 Melsha requested an update at the next meeting. 10 11.3 Electronic Signs 11 Hatch noted the Planning Commission, at the last meeting, denied a request for an electronic sign. 12 He suggested that rather than considering it to be a variance or conditional use, the ordinance be 13 amended to allow government to have electronic signs based on rationale such as safety and 14 providing information to the community. 15 Chair Melsha concurred and noted the Commission will also have to address whether the current •16 prohibition is still appropriate. 17 12. OTHER ITEMS. 18 12.1 Northwest Quadrant Redevelopment Study Update. 19 Henry announced the Northwest Quadrant Master Planning Project, Planning Steering Committee, 20 Meeting 2 will be held on January 18, 2001, at 7:00 p.m. at the St. Anthony City Hall. 21 12.2 New Chair: City Goal-Setting Session, January 19, 9 a.m. - 3:30 p.m. 22 Melsha announced the City Goal Setting Session which is scheduled for January 19,2001,from 9:00 23 a.m. to 3:30 p.m. and stated he will attend to present the Planning Commission's input. He stated 24 he will provide a report to the Planning Commission at the February 20, 2001 meeting. 25 13. COMMISSION INPUT: 26 13.1 Commissioner's Comments. 27 Steeves introduced himself and stated he is excited to serve on the Planning Commission. He 28 reviewed his professional experience and stated he looks forward to becoming involved in those 29 types of activities in St. Anthony. 30 Tillmann welcomed Steeves to the Planning Commission. All of the Commissioners added their 31 welcome. •32 Hanson and Thomas congratulated Melsha and Stille on their appointments to Chair and Vice Chair. 33 Chair Melsha thanked the Commissioners for their support,noting the Planning Commission has a 34 "full plate" ahead of them in 2001. Planning Commission Meeting Minutes . 107 January 16, 2001 Page 8 40 1 Hatch stated he always looks forward to attending the Planning Commission meetings and extended 2 his congratulations to the Chair and Vice Chair. 3. Stille reviewed his presentation before the.City. Council and comments made by Councilmember 4 Horst advising how the Sign Ordinance came to be. He relayed that the City Council is not 5 enthusiastic about considering the sign variance: however, there may be a hardship since the 6 elevation of the Walgreens building is quite low.. 7 Chair Melsha asked staff to relay to Mr. Kalscheur of TOLD Development to be more prepared to 8 specifically identify hardship issues. 9 Henry suggested the Commissioners visit other Walgreens sites to see what their sign age looks like. to Hanson noted Mr.Kalscheur had withdrawn his request for the electronic readerboard sign and asked 11 if he had indicated such before the City Council. Stille stated Mr. Kalscheur did make that 12 indication. 13 Henry advised that Mr. Kalscheur had asked if a sign with manual changeable copy is allowed, 14 which it is. •15 Hanson asked if the Planning Commission will have a joint meeting with the City Council. Chair 16 Melsha stated he will make that request at the upcoming goal setting session. 17 14. ADJOURNMENT. 18 Motion by Hanson, second by Chair Melsha, to adjourn the meeting at 8:19 p.m. 19 Motion carried unanimously. 20 Respectfully submitted, 21 Carla Wirth 22 Timesaver Off Site Secretarial, Inc. • MISCELLANEOUS INFORMATIONAL DOCUMENTS INVESTMENT PORTFOLIO: 12/31/2000 . Interest Date FIRSTAR ST ANTHONY BANK Maw Purchased Matupty Book Value INVESTMENT DEMAND-MONEY MARKET SAVINGS 5.41% 1 DAY LIQUIDITY(SWEEP) $1,110,144.78 41M GENERAL $393,000 FORRESTAL FUND COMM PAPER 6.50% 10/20/00 02/20/01 $384,580.96 $401,000 GREAT LAKES COMM PAPER 6.44% 12/18/00 03/23/01 $394,386.28 $500,000 FNMA MED TERM NOTE 8.046% 08/10199 08/18/14 . $153,150.00. $500,000 FHLB-ZERO COUPON BOND 8.000% 11/18/99 07/28/17 $124,800.00 $1,056,917.24 4/M ARMY-WATER FILTRATION $200,000 FED HOME LOAN MORTGAGE CORP. 6.010% 11/05/98 11/05/08 $200,000.00 $100,000 FED HOME LOAN MORTGAGE CORP. 6.175% 12/07/98 12/22108 $100,000.00 $200,000 FED HOME LOAN MORTGAGE CORP. 6.00% 12/21/98 06/23/04 $200,000.00 $100,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 02/03/99 02/24/14 $100,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 03/03/99 03/03/14 $200,000.00 $100,000 FED HOME LOAN MORTGAGE-STEP UP 6.25% 03/09/99 03/24/14 $100,000.00 $ 45,000 FED HOME LOAN MORTGAGE-STEP UP 6.20% 03/18/99 01121/08 $45,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.50% 03/30/99 01/24/08 $200,000.00 $100,000 FED HOME LOAN MORTGAGE-STEP UP 6.15% 04/13/99 04114/14 $100,000.00 $100,000 FED HOME LOAN MORTGAGE-STEP UP 6.46% 05112/99 01/08/08 $100,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 7.00% 06/04/99 05/06/14 $199,000.00 $100,000 FED HOME LOAN BANK COUPON-STEP UP 7.25% 07/27/00 07/26/10 $100,000.00 $800,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 01/12/99 01/28/19 $202,057.98 $500,000 FED HOME LOAN BANK-ZERO COUPON 6.20% 01/12/99 01/28/19 $126,286.24 $500,000 FED HOME LOAN BANK-ZERO COUPON 8.12% 09/09/99 07/14/17 $48,312.00 $289,000 STELLER FUNDING COMMERCIAL PAPER 6.50% 10/27/00 04/26/01 $279,976.70 $2,300,632.92 DAIN RALISGHER-GENERAL $52,000 FICO STRIPPED COUPON 9.37% 6/22190 12106/01 $19,891.31 GNMA POOL 4734 8.50% 02/01/75 01/15/05 $299.73 GNMA POOL 6472 7.50% 07/01175 07/15/05 $1,421.40 GNMA POOL 14376 7.50% 03/01/77 03115/07 $2,778.11 GNMA POOL 23364 9.00% 09/01/78 09/15/08 $1,378.65 GNMA POOL 23356 9.00% 11/01/78 11/15/08 $2,471.40 $647,000 GE CAPITAL COMMERCIAL PAPER 6.64% 10/18/00 02/15/01 $476,609.50 $433,000 FORD MOTOR COMMERCIAL PAPER 6.32% 12/19/00 04111/01 $424,700.06 $435,000 GE CAPITAL COMMERCIAL PAPER 6.24% 12119/00 05/11101 $424,625.90 $1,354,176.06 DAIN RAUSCHFR-HONEYWELL $125,000 FHLBC-ZERO COUPON BOND 8.041% 11/16/99 07114/17 $31,076.25 $312,000 FNMA-ZERO COUPON BOND 8.00% 11/17/99 08/09/19 $66,407.96 $100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15/99 03/08/29 $10,105.00 $200,000 FHLBC-ZERO COUPON BOND 8.15% 12/17/99 08/04/17 $48,945.00 $130,000 FNMA-ZERO COUPON BOND 8.30% 06/01/00 08/02/18 $29,555.30 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 03/03/99 03/03/14 $200,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.150% 04/14/99 04/14/14 $200,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 07/15/99 02/24/14 $193,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 8.00% 08125/99 08/25/14 $200,000.00 $979,089.51_ JOHN G.KINNARD $43,000.00 FICO FED STRIP SERIES 1 7.479% 11/09/94 05/11/02 $24,781.96 $500,000.00 FED HOME LOAN BANK CALLABLE 6.00% 10/29/98 08/20/18 $128,730.00 $1,200,000.00 FED HOME LOAN BANK CALLABLE 6.00% 10/21198 09/10/18 $307,538.40 . $250,000.00 FED HOME LOAN BANK-ZERO COU 6.109% 02/18/99 07/07/17 $60,625.00 $550,000.00 FNMA-MEDIUM TERM NOTE 7.950% 11/24/99 06/22/18 $129,228.00 Timel/17/01 MONTHLY INVESTMENT REPORT DECEMBER 2000.xlsINVESTI JOHN G.KINNARD (Continued) . $90,000.00 GREENWOOD TRUST-CID 7.00% 10/06/94 10/12/01 $90,000.00 $44,000.00 CONSECO BANK-CID 6.65% 11/01/00 15/01/02 $44,000.00 $100,000.00 FED HOME LOAN BANK CALLABLE 6.28% 06/11/98 10102/02 $100,578.13 $100,000.00 FED HOME LOAN BANK CALLABLE 6.065% 07/08/98 07/08/02 $100,000.00 $100,000.00 FED HOME LOAN BANK CALLABLE 6.025% 08/05/98 08/05/02 $100,000.00 $100,000.00 FED HOME LOAN MORT-CALLABLE 6.284% 01/14/99 01/14/09 $99,750.00 $100,006.00 FED HOME LOAN BANK-CALLABLE 6.390% 05/17/99 05117/06 $100,000.00 $100,000.00 FED HOME LOAN MORT-CALLABLE ." 6.50% 06/02/99 06102/14 $99,000.00 $100,000.00 FED HOME LOAN MORT-CALLABLE 6.50% 06102/99 06/02/14 $100,000.00 $100,000.00 FED HOME LOAN MORT-CALLABLE 7.40% 06/11/99 06/09/14 $100,000.00 $85,000.00 FNMA-MEDIUM TERM NOTE 8.00% 02/22/00 02/22110 $85,000.00 $1,669,231.49 DEAN WITTER $100,000.00 HURLEY STATE BANK-CID 7.15% 09/21/94 09/21/01 $100,000.00 JURAN&MOODY $150,000 GSIF FRMAC SERIES 10 7.50% 03/09/93 03/09/07 $31,726.34 $200,000 FNMA-9334 P/0 7.24% 04/20/93 03/25/23 $32,368.10 $200,000 GSIF FRMAC SER 11 66.6% 7.00% 04/20/93 04/20/08 $73,701.09 $11,000 FICO STRIPS SERIES 11 9.40% 10115/93 08108/06 $7,991.70 $100,000 FRMAC SER 11 MPRG 33.3 7.00% 01125/94 01/25/09 $41,064.51 $50,000 FHLMC MCB SER 1629MB 7.00% 02/07194. 01115/23 $42,193.90 $200,000 FED HOME LOAN BANK 7.01% 08/06197 02101/07 $200,000.00 $300,000 FED HOME LOAN MORT CORP-AAA RATED 6.60% 11/03/97 10/13/04 $302,513.03 $148,000- FHLMC STEP-UP NOTE 7.00% 06/08/98 04/30/13 $148,000.00 $400,000-FNMA SEMI 30/360 6.14% 09/09/98 09/10/08 $401,317.10 $200,000-FNMA SEMI 30/360 6.30% 09/10/98 09/10/08 $200,498.83 $200,000-FNMA CALLABLE 6.5% 6.50% 09/24/98 01124/08 $298,803.49 $300,000-FNMA SEMI 301360.5.65%, 5.65% 11/12/98 11112/08 $202,617.34 $150,000-FHLM:SEMI 30/360 6.50% 6.50% 62/17/99. 02117/06 $151,301.42 $200,000-FHLM'SEMI 30/360 6.50% 6.50% 03/10/99 07/28/08 $199,318.23 - $200,000-FHLM SEMI 30/360 7.02% 7.02% 08/17199 02/17/05 $200,000.00 $400,000-GENERAL MOTORS COMM PAPER 6.36% 12/04/00 02/09/01 $395,388.20 $2,928,803.28 TOTAL BOOK VALUE $11,498,995.28 ----------------- ----------------- Time1/17/01 MONTHLY INVESTMENT REPORT DECEMBER 2000.xIsINVESTI • HOUSING AND REDEVELOPMENT AUTHORITY AGENDA • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA January 23, 2001 PAGE(S) I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JANUARY 23, 2001 H.R.A. AGENDA. IV. CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 3 These items are considered routine and will be enacted by one motion. There will be no separate discussion of these • items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. V. GENERAL POLICY BUSINESS OF THE H.R.A. A. H.R.A. Resolution 01-005, re: Amend Tax Increment Finance Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 13 VI. STAFF REPORTS. VII. H.R.A. COMMISSIONER COMMENTS. VIII. INFORMATION AND ANNOUNCEMENTS. . IX. ADJOURNMENT. • IV. CONSENT AGENDA. A. H.R.A. Minutes - January 9, 2001 B. Claims y • - 1 1 CITY OF ST. ANTHONY •2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 3 January 9, 2001 4 I. CALL TO ORDER. 5 The meeting was called to order by Chairman Cavanaugh at 9:25 p.m. 6 II. ROLL CALL. 7 Commissioners present: Chairman Cavanaugh; Vice Chair Thuesen, Commissioners 8 Sparks, Horst and Hodson. 9 Councilmembers absent: None. 10 Also present: Executive Director Michael Mornson; and City Attorney Jerome 11 Gilligan. 12 III. APPROVAL OF JANUARY 9,2001 H.R.A. AGENDA. 13 Motion by Hodson to approve the January 9, 2001 H.R.A. Agenda as presented. 14 Motion carried unanimously. 15 IV. CONSENT AGENDA. 16 Motion by Sparks to approve the Consent Agenda, which consisted of: 7 1. H.R.A. Meeting Minutes of December 20, 2000; 8 2. Claims for the H.R.A.; and 19 3. H.R.A. Resolutions 01-001 - 01-005. 20 Executive Director Michael Mornson noted the Mayor will act as Chair, Horst will act as the 21 Vice Chair, and Sparks will act as the Secretary and be authorized to sign documents with the 22 Chair and Executive Director. 23 Motion carried unanimously 24 V. GENERAL POLICY BUSINESS OF THE H.R.A. 25 A. H.R.A. Resolution 01-006, re: Approve Redevelopment Agreement with Meridian St. 26 Anthony, L.L.C. (For Wal rg eensl 27 City Attorney Jerome Gilligan explained that this agreement provides, upon completion of 28 construction of the building, disbursement of funds of up to $200,000 in TIF to reimburse them 29 for eligible costs. The resolution includes a provision that the debt must be repaid if the property 30 is sold within one year from that point. It also contains a provision for reduction in assistance if 31 the costs do not come in as high as estimated. He stated this is a standard redevelopment 32 agreement and has been used with other projects. 33 Chair Cavanaugh noted they cannot seek property tax exemption. Attorney Gilligan stated that 34 is correct and is a covenant recorded with the land for a term of 30 years. 1835 Sparks asked if the $200,000 will be used for soil improvements. Attorney Gilligan stated the 36 funds would be used for development expenses and site improvements. Housing and Redevelopment Authority Meeting Minutes January 9, 2001 Page 2 I Sparks stated her position that it is appropriate for the City to pay for environmental clean up 2 given the City allowed dumping to occur years ago. She stated she feels this financial assistance 3 is to clean up an existing mess,'not to offer financial assistance to Walgreens. Sparks stated this 4 clean up work should be done regardless of Walgreens coming to St. Anthony and she is voting 5 on the $200,000 to be spent on environmental remediation. 6 Gilligan stated the reimbursing of site development expenses includes demolition, clean up, and 7 soil corrections to the extent that those costs will exceed $380,000. If the costs are less than 8 $380,000, the H.R.A.'s assistance level will be reduced. 9 Thuesen asked when the new building will be constructed. 10 Mr. Mike Kalscheur of TOLD Development stated they have already begun work on the 11 environmental study to determine what exists on the site. He expected to start construction no 12 later than June of 2001 or as early as mid-April. 13 Motion by Thuesen to adopt H.R.A. Resolution 01-006, re: Approve Redevelopment Agreement 14 with Meridian St. Anthony, L.L.C. (For Walgreens). 5_ Motion carried unanimously. 16 VI. STAFF REPORTS. 17 None. 18 VII. H.R.A. COMMISSIONER COMMENTS. 19 None. 20 VIII. INFORMATION AND ANNOUNCEMENTS. 21 None. 22 IX. ADJOURNMENT. .23 Motion by Sparks to adjourn the meeting at 9:32 p.m. 24 Motion carried unanimously. 25 Respectfully submitted, 26 Carla Wirth 27 Timesaver Off Site Secretarial, Inc. • • Following are the claims for the January 23, 2001 HRA meeting 1. Dorsey & Whitney ..........................................$95.00 HRA General Legal Costs 2. Ehlers & Associates. ...................................... $180.00 Walgreens Development Agreement 3. Firstar Corporate Trust............................... $35,717.50 Walbon Final Bond Payment 4. Firstar Corporate Trust. .............................$201,700.00 Community Center Bond Payment 5. Firstar Corporate Trust. .............................$142,915.00 Apache Bond Payment/Cub Foods V. GENERAL POLICY BUSINESS OF THE H.R.A. A. HRA Resolution 01-005 4 CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: H.R.A. RESOLUTION O1 - 005 Resolution Approving 2001 Amendment to Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58) and Requesting the Approval of the City Council • 4.. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of 2001. Michael Morrison, Executive Director • H.R.A. RESOLUTION . 01-005 RESOLUTION APPROVING 2001 AMENDMENT TO TAX • INCREMENT FINANCING PLAN FOR CHANDLER PLACE TAX INCREMENT DISTRICT (RAMSEY COUNTY NO. 58) AND REQUESTING THE APPROVAL OF THE CITY COUNCIL BE IT RESOLVED, by the Board of Commissioners (the `Board") of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: 1. Proposed Amendment. The HRA has approved a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto (the "Redevelopment Plans"), and redevelopment projects to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the "Redevelopment Projects"), and that in order to finance the public redevelopment costs to be incurred by the HRA in connection with certain of the Redevelopment Plans and the Redevelopment Projects, the'HRA has approved tax increment financing plans, pursuant to the provisions of Minnesota Statutes, Section 469.175 (the "Financing Plans"), which two establish tax increment financing districts, as defined in Minnesota Statutes, Section 469.174, subdivision 9, which are designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"). The HRA has approved . • an amendment to the Redevelopment Plans and the Financing Plans which is entitled"Master Modification to the Redevelopment Plans and the Tax Increment Financing Plans" (the "Original Master Modification") which combines the areas subject to the Redevelopment Plans and to expand the area subject to the Redevelopment Plans and to authorize the expenditure of tax increment revenue derived from the Districts to pay public redevelopment costs in the additional area subject to the Redevelopment Plans and on November 13, 1996 the Board of Commissioners of the HRA and the City approved,amendments to the Original Master Modification designated as "1996 Amendments to the Master Modification to Redevelopment Plans and Tax Increment Financing Plans (the "1996 Amendment"), which included additional property in the area subject to the Redevelopment Plans and amended the Financing Plans to authorize additional expenditure of tax increment revenue derived from either of the Districts. The Original Master Modification, as amended by the 1996 Amendments is herein called the "Master Modification". It has been proposed that the HRA approve an additional amendment to the Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58) (the "Chandler District") which is entitled "2001 Amendment to Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58)" (the "2001 Amendment") to identify property which the HRA intends to acquire with tax increment revenues derived from the Chandler District. 2. Approval of 2001 Amendment. The 2001 Amendment has been presented to this Board and is ordered placed on file in the office of the Executive Director of the HRA, and ® the 2001 Amendment is hereby approved. The 2001 Amendment further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment Projects and the Financing Plan for the Chandler District, by redeveloping property in the City in order to prevent or reduce blight, blighting factors and the causes of blight and by providing public facilities which will be of.benefit to all residents of the City. 3. Presentation to City Council. The 2001 Amendment hereby approved shall be presented to the City Council for a public hearing thereon pursuant to Minnesota Statutes, Section 469.029, subdivision 6 and Section 469.175, subdivision 4. Dated the 23`d day of January, 2001. Chairperson Attest: Secretary • -2- • 2001 AMENDMENT TO TAX INCREMENT FINANCING PLAN FOR CHANDLER PLACE TAX INCREMENT DISTRICT (RAMSEY COUNTY NO. 58) • HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA • • I. INTRODUCTION The Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved five Redevelopment Plans designated as Kenzie.Terrace Redevelopment Plan, Chandler Place.Redevelopment Plan,Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) and Redevelopment Plan for Redevelopment Project No. 3 (Ramsey County), together with certain amendments thereto (as so amended, the "Redevelopment Plans"), and have approved redevelopment projects (the "Redevelopment Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with certain of the Redevelopment Plans and the Redevelopment Projects, the HRA and the City have approved tax increment financing plans (the "Financing Plans") which establish two tax increment financing districts designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"). In order to authorize the City and HRA to undertake certain activities designed to remove, prevent and reduce blight, blighting factors and the causes of blight in the City and provide facilities intended to serve all residents of the City, that the HRA on June 27, 1995 approved amendments to the Redevelopment Plans, the Redevelopment Projects and the Financing Plans designated as the "Master Modification to the Redevelopment Plans and Tax Increment Financing Plans" (the "Original Master Modification") which combined the areas subject to the Redevelopment Plans and included additional property in the area subject to the Redevelopment Plans and authorized tax increment revenue derived from either of the Districts to be utilized in • any area subject to the Redevelopment Plans,and on November 12, 1996 approved amendments. to the Original Master Modification designated as the "1996 Amendments to the Master Modification to Redevelopment Plans and Tax Increment Financing Plans" (the "1996 Amendment"), which included additional property in the area subject to the Redevelopment Plans and amended the Financing Plans to authorize additional expenditure of tax increment revenue derived from either of the Districts. The Original Master Modification, as amended by the 1996 Amendments is herein called the "Master Modification". By this 2001 Amendment to the Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58) (the "2001 Amendment") the Commissioners of the HRA amend the Tax Increment Financing Plan for the Chandler Place Tax Increment District (Ramsey County No. 58) (the"Chandler District") to identify property which the HRA intends to acquire with tax increment revenues derived from the Chandler District. The authorization of the expenditure of tax increment revenue from the.Chandler District is subject to any limitations on such expenditures with respect to the Chandler District contained in the Minnesota Tax Increment Financing Act (Minnesota Statutes, Section 469.174 to 469.179). This 2001 Amendment does not include any additional property in the Chandler District or the area subject to the Redevelopment Plans. This 2001 Amendment is approved by the Commissioners of the HRA and the City pursuant to Minnesota Statutes, Chapter 469.029, subdivision 6, and Minnesota Statutes, Section 469.175, subdivision 4. • • The property which the HRA intends to acquire with tax increment revenue from the Chandler District is the Custom Liquidators property located at 2654 Kenzie Terrace in the City of St. Anthony (the "Custom Liquidators Property"). The Custom Liquidators Property is presently included in the area subject to the Redevelopment Plans pursuant to the Master Modification. II. STATEMENT OF NEED AND OBJECTIVES' The acquisition of the Custom Liquidators Property will aid in the redevelopment of the Custom Liquidators Property in a manner beneficial to the residents of the City and consistent with the objectives of the HRA as stated in Redevelopment Plans and which will meet the needs specified in Redevelopment Plans. III. ADDITIONAL EXPENDITURE OF TAX INCREMENT Additional expenditures of tax increment authorized by this 2001 Amendment include costs associated with acquisition of the Custom Liquidators Property. At this time the HRA has identified the Property as property to be acquired by the HRA and amends the budget for the Chandler District to authorize the expenditure of tax increment revenue from the Chandler District in the amount of up to $800,000 to acquire and improve the Custom Liquidators Property. Such authorization represents a net increase of$600,000 in authorized expenditures of tax increments from the Chandler District. The use of tax increment derived from the Chandler District to pay,the costs of acquisition of the Custom Liquidators Property is hereby authorized. Such costs may be paid directly from tax increment derived from the Chandler District, or may be paid indirectly from tax increment derived from the Chandler District, by the payment of debt service on a loan or loans made by the City to the HRA or by the HRA to finance such cost. Any such loan made by the City or HRA will be repaid, with interest, from the tax increment derived from the Chandler District. Other than the loan or loans from the City or the HRA, it is not expected that any obligations will be issued by the City or HRA to finance such costs. IV. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES It is estimated fiscal and economic implications of the additional expenditures of tax increment revenue derived from the Chandler District authorized by.this 2.001 Amendment will be as follows: The local governmental units other than the City which are authorized by law to levy ad valorem property taxes in the area where the Chandler District are located are Independent School District No. 282, Ramsey County, the HRA, and various metropolitan area authorities, including the Metropolitan Council, the Metropolitan Transit Commission, the -2- 1® Metropolitan Airports Commission and the Metropolitan Mosquito Control District (the local • government units). After the establishment and during the continuation of the Chandler District, as a result of the.Redevelopment Projects and the implementation of the Redevelopment.Plans and . the improvements in the Chandler District there has been an increase,in the tax capacity of the taxable property in the Chandler District. If the tax increments derived from the Chandler District are not applied to pay the additional expenditures described herein, the Chandler District would terminate earlier than would otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in the Chandler District in the anticipated amounts. Upon such termination such increased tax capacity would be available for taxation by the local governmental units. However, as a result of the Master Modification and this 2001 Amendment thereto such increase in tax capacity will not be available for taxation by the local governmental units until a later date with respect to the Chandler District. V. DETERMINATIONS IN ORIGINAL FINANCING PLAN The determinations made in the Tax Increment Financing Plan for the Chandler District with respect to designation of the Chandler Place Tax Increment District as a housing district, the impact of the establishment of the Chandler District and the implementation of the Redevelopment Plans and undertaking of the Redevelopment Projects and the captured tax capacity of the Chandler District upon the redevelopment thereof are not affected by this 2001 Amendment and such determinations remain in full force and effect follow_ing the adoption of . • this 2001 Amendment. VI. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to further alter the Master Modification and to further amend or modify the Redevelopment Plans and the Tax Increment Financing Plan for the Chandler District by their joint action, subject to the provisions of state law regulating such action. VII. ORIGINAL PLAN The Redevelopment Plans and the Tax Increment Financing Plan for the Chandler District, except to the extent provisions thereof are explicitly amended or supplemented by the Master Modification and this 2001 Amendment thereto shall remain in.and be in full force and effect. -3- • 11 • MEMORANDUM DATE: January 18, 2001 TO: . Chair and H.R.A. Commissioners FROM: Michael Mornson, Executive Director ITEM: TIF AMENDMENT The proposed amendment to the Tax Increment Finance Fund is reflected in the following chart: Project Activity Funds That Could Be Status Authorized -Not Yet Spent Purchase and demolish Custom $800,000 Purchase agreement Liquidators on Kenzie Terrace *Redevelop St. Anthony Shopping Center $1.2 million Waiting for Shopping area along New Brighton Boulevard and Center owners Kenzie Terrace • Redevelop vacant lots by Twin City $75,000 No activity Federal No change Purchase or assist in redevelopment of $500,000 No activity Kentucky Fried Chicken, Broadway Pizza, video store and Firstar Bank *Redevelop Apache Plaza area $400,000 In progress. Northwest Quadrant Task Force established *May create new TIF districts, therefore Chandler funds may not be needed Total $2,975,000 The following projects are either completed or nearing completion. Project Funds Used/Committed Walgreens $200,000 Silver Lake Road Bridge $270,000 (Completed) Streetscape $250,000 . Lew DORSEY & WHITNEY LLP • MINNEAPOLIS PILLSBURY CENTER SOUTH BRUSSELS NEW YORK 220 SOUTH SIXTH STREET COSTA MESA SEATTLE MINNEAPOLIS,MINNESOTA $$402-1498 BILLINGS DENVER. TELEPHONE: (612) 340-2600- FARCo WASHINGTON,D.C. - - HONG KONG FAX: (612) 340-2868 NORTHERN VIRGINIA GREAT FALLS DES MOINES ROCHESTER LONDON TOKYO ANCHORAGE JEROME P.GILLIGAN MISSOULA SALT LAKE CITY (612)340-2962 VANCOUVER Fax(612)340-2644 gilligan.jerome@dorseylaw.com December 22, 2000 County Auditor Ramsey County 15 West Kellogg Boulevard 20 Courthouse St. Paul, Minnesota 55102 School District Clerk Independent School District No. 282 3303 33rd Avenue N.E. St. Anthony, Minnesota 55418 Re: Proposed Amendment to Tax Increment Financing Plan for Chandler Place Tax Increment District (Ramsey County No. 58) St. Anthony Housing and Redevelopment Authority Ladies and Gentlemen: The St. Anthony Housing and Redevelopment Authority (the "HRA") is . considering amendments to the Tax Increment Financing Plan previously approved by the HRA which established the Chandler Place Tax Increment District(Ramsey County No. 58) of the HRA (the "Chandler District") pursuant to the provisions of Minnesota Statutes, Chapter 469. The purpose of the amendments to the Tax Increment Financing Plan is to identify property to be acquired by the HRA with tax increment revenue from the Chandler District. The amendments will not include any additional property in the Chandler District. The amendments will amend the budget for the Tax Increment Financing Plan for the Chandler District to authorize the additional expenditure by the HRA of up to $600,000 from excess tax increment derived from the Chandler District to acquire property located at 2654 • Kenzie Terrace in the City. Enclosed is a draft of the proposed amendments which is being DORSEY & WHITNEY LLP • County Auditor, Ramsey County School District Clerk December 22, 2000 Page 2 furnished to you on behalf of the HRA pursuant to Minnesota Statutes, Section 469.175, subdivision 4. The HRA estimates that the fiscal and economic implications of the proposed amendments is that if tax increments derived from the Chandler District are not applied to pay the additional expenditures authorized by the amendments, the Chandler District will terminate earlier than would otherwise be the case based upon the annual amount of tax increment revenue presently being generated by the Chandler District and commitments on expenditure of such tax increment revenue presently in existence. Upon the termination of the Chandler District, the increased tax capacity of the Districts will be available for taxation by the local governmental units, including Ramsey County and Independent School District No. 282. However, if the amendment is approved such increase in tax capacity will not be available for taxation by the local government units until later than would otherwise be the case. The St.-Anthony City Council will hold a public hearing on the amendments to . • the Redevelopment Plans and Tax Increment Financing on January 23, 2001 at 7:00 p.m., in the City Council Chambers at the City Administrative Offices, 3301 Silver Lake Road in the City of St. Anthony. You are invited to be present at the scheduled public hearing and present your comments on the amendments. In addition, you are invited to meet with members and officers of the HRA concerning the amendments. Any questions should be directed to Mr. Michael Morrison, the Executive Director of the HRA. Mr. Mornson's direct telephone number is (612) 706-1325. Sincere k, Jer me P. Gill n JPG/pmh Enclosure cc: Michael Morrison (w/encl) CITY OF ST. ANTHONY RESOLUTION 01-034 A RESOLUTION APPROVING A DRAINAGE AND PONDING EASEMENT RELATING TO THE HARDING STREET . PONDING PROJECT WHEREAS, to help control flooding problems within the City of St. Anthony, and as an integral part of the overall flood mitigation program, it has been recommended to construct a holding pond in the area of Harding Street; and WHEREAS, perpetual easements are needed for the construction, operation, maintenance, repair and removal of facilities for the drainage and ponding of water; and WHEREAS, to obtain needed easements for the construction of said holding pond, discussions, meetings, and negotiations have taken place with affected property owners in the targeted area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Drainage and Ponding Easement between the City of St. Anthony and Emma M. Turnwall„ owner of the property addressed as 2901 30`h Avenue NE; property described as part of Lot 18, Auditors Subdivision Number 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota; and, said easement described as the North 120.00 feet of the East-half of Lot 18, Auditor's Subdivision No. 365. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager DRAINAGE AND PONDING EASEMENT THIS INSTRUMENT is made and entered into as of .7 , 2000,by and between Emma M. Turnwall, Grantor, and the CITY OF ST. AN HOY, a municipal corporation organized und er N er the laws of the State of Minnesota, Grantee. WITNESSETH, that Grantor, for and in consideration of Twenty Three Thousand and no/100's Dollars ($23,000.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to Grantee, its successors and assigns, a perpetual easement to construct, reconstruct, operate, maintain, repair and remove facilities for the drainage and ponding of water, including retaining walls and other facilities to control and maintain such drainage and ponding, together .with the right to remove all trees, bushes, undergrowth, and other obstructions which may interfere with the construction, operation, repair and maintenance of such drainage and ponding facilities, said easement being upon, over, under and across the following described land situate in the County of Hennepin, State of Minnesota,to wit: GRANTOR'S PROPERTY DESCRIPTION: Part of Lot 18, Auditors Subdivision Number 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. EASEMENT DESCRIPTION: The North 120.00 feet of the East-half of Lot 18, Auditor's Subdivision No. 365, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Grantee shall also have the right of ingress and egress to the above described easement area over and across the adjoining lands of the Grantor. Grantee shall be responsible for all damage caused to Grantor's property arising from Grantee's exercise of the rights and privileges herein granted. IN WITNESS WHEREOF, Grantor has executed this easement as of the day and year first above written. ZI Byl Emma M. Tumwall ACHIIiOWLEDGMENT: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of —TA-rAv AAA 2000, by Emma M. Tumwall, a single person. Notary Public. . - THIS INSTRUMENT WAS DRAFTED BY: °'"' MATTHEW S.STORM F=EW PUBtI -NW4ESOU Evergreen Land Services Company MY COMMISSION EXPIRES 6110 Blue Circle Drive,4140 �� JANUARY31,2W5 Minnetonka, Minnesota 55343 (952) 930-3100 Twnwall Easement