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CC PACKET 07271993
Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 103089 Box: 30 Folder: CC PACKETS 1990-1994 Document: CC PACKET 07271993 I CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA July 27, 1993 I. CALL TO ORDER. 11. ROLL CALL. CZe- s 0-m 4' 1)4+L&- III. APPROVAL OF JULY 27, 1993 H.R.A. AGENDA. !'h IV. APPROVAL OF JUNE 8, 1993 H.R.A. MINUTES. �+ - V. PRESENTATION OF CLAIMS. A. Maier Stewart & Associates, Inc.: 1. ' $87.42. --2. $1,859.25. 3. $1,333.19. B. Norwest Bank: 1 . $200.00. 2. $9,980.00. 3. $200.00. C. American Bank - $45,097.50. D. Dorsey & Whitney: 1. $3,229.05. 2. $202.53. E. Lyle H. Nagell Co., Inc.: 1. $1,500.00. 2. $1,000.00. F. Belair - $11,507.00. G. - Norwest Investment Services, Inc. - $25,932.00. VI. HELLICKSON AGREEMENT. Yh - +- VII. ADJOURNMENT. H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL AGENDA JULY 27, 1993 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF JULY 27, 1993 COUNCIL AGENDA. IV. APPROVAL OF JULY 13, 1993 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. MAIER STEWART & ASSOCIATES: 1 . $1,134.02. 2. $174.07. 3. $1,451 .56. 4. $12,863.62. 5. $1,518.99. B. VERIFIED. VII. REPORTS. A. FIRE DEPARTMENT 1992 ANNUAL REPORT. CHIEF JOHNSON WILL BE PRESENT. B. CITY COUNCIL. C. CITY MANAGER. 1 . SALE OF LOTS AT 27TH AVENUE N.E. AND COOLIDGE STREET. VIII. PUBLIC HEARINGS - NONE. • CITY COUNCIL AGENDA JULY 27, 1993 PAGE 2 IX. NEW BUSINESS. A. RESOLUTION 93-041 , RE: VARIANCE FROM STATE ROAD WIDTH REQUIREMENTS ON 37TH AVENUE N.E. STREET CONSTRUCTION. B. RESOLUTION 93-042, RE: EARLY RETIREMENT INCENTIVES. C. RESOLUTION 93-043, RE: APPROVAL OF ENGINEERING SERVICES FOR 1994 STREET CONSTRUCTION IMPROVEMENTS. D. VACATING PORTIONS OF COOLIDGE STREET N.E. LYING WITHIN LOTS 1 AND 2, BLOCK 1 OF FIRST ADDITION TO THE VILLAGE OF ST. ANTHONY. X. UNFINISHED BUSINESS. XI. ADJOURNMENT. CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING 4 5 JULY 13 , 1993 6 7 8 1 . CALL TO ORDER 9 10 The meeting was called to order at 7 : 00 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo and Councilmembers Marks , 17 Enrooth, Fleming and Wagner . 18 19 Staff Present : City Manager Burt , Management Assistant Urbia 20 and City Attorney Soth. 21 22 23 3 . APPROVAL OF AGENDA FOR THE JULY 13 , 1993 COUNCIL MEETING 24 25 Motion by Marks , second by Enrooth to approve the agenda for the July 13 , 1993 Council Meeting with the following addition 40 and change : 28 29 Add to the City Manager ' s Report the issue of elementary 30 school ' s use of a portable classroom. Move agenda item New 31 Business (A) Resolution No. 93-039 , regarding the sale of 32 General Obligation Improvement Bonds for 1993' street 33 improvements , up to accommodate the City' s financial advisor . 34 35 36 Motion carried unanimously 37 38 39 4 . APPROVAL OF JUNE 22 , 1993 COUNCIL MEETING MINUTES 40 41 Motion by Marks , second by Wagner to approve the minutes of 42 the June 22 , 1993 Council Meeting with the following 43 correction : 44 45 page 4 , lines 22/23 : The sentence should read as follows : "St . 46 Anthony has been a member of the League of Minnesota Cities 47 for forty-three years having joined in 1950 . " 48 49 50 Motion carried unanimously • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 2 4 5 6 NEW BUSINESS 7 8 A. Resolution No. 93-039, Re : Sale of General Obligation 9 Improvement Bonds for 1993 Street Improvements 10 11 Robert Thistle, representing Springsted Financial Advisors , 12 distributed copies of the bid received from the John G. 13 Kinnard Company . Four bids were received and this firm 14 submitted the lowest . 15 16 Mr . Thistle stated this bid was substantially below the bid 17 specs from last month. He also noted that the Al bond rating 18 of the city was reaffirmed. 19 20 Motion by Marks , second by Wagner to accept the bid received 21 from John G. Kinnard & Company Incorporated and to adopt 22 Resolution No . 93-039 being a resolution relating to $470 , 000 23 General Obligation Improvement Bonds , Series 1993A; awarding 24 the sale, fixing the form and details and providing for the 25 execution and delivery thereof and security therefor and levying ad valorem taxes for the payment thereof . Motion carried unanimously 29 30 31 5 . LICENSE/PERMITS/PETITIQNS- 32 33 Motion by Marks , second by Wagner to approve the following 34 license applications : 35 36 Contractors ' Licenses 37 38 DMJ Corporation , Hamel , Mn . 39 Signart , Mendota Heights, Mn. 40 41 Heating License 42 43 St . Marie Sheet Metal , Inc. , Spring Lake Park, Mn . 44 45 Garbage Hauler License 46 47 Walter ' s Garbage, Inc. , Blaine, Mn. 48 49 Motion carried unanimously 50 REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 3 4 5 6 Temporary 3 . 2 Beer Permit 7 8 Motion by Fleming, second by Wagner to approve the temporary 9 3 . 2 beer permit for Bill Pawlyshyn for Central Park on August 10 7 , 1993 . 11 12 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 13 Marks - nay 14 15 Motion carries 16 17 18 6 . PRESENTATION OF CLAIMS 19 20 21 A. Norman A. Johnson 22 23 Motion by Wagner, second by Enrooth to approve payment in the 24 amount of $12 , 410 . 45 to Norman A. Johnson , St . Louis Park, 25 Mn . , for the cutting tool "Jaws of Life . " 16 The City Manager advised that this purchase was made with 28 donated funds from charitable gambling proceeds . A thank you 29 letter will be sent to the organizations whose funds were 30 used . 31 32 Motion carried unanimously 33 34 35 B. Maier Stewart and Associates 36 37 Motion by Marks , second by Wagner to approve the following 38 payments to Maier Stewart and Associates : 39 40 Payment in the amount of $517 . 00 for engineering services 41 rendered April 25 through May 29, 1993 for an outside firm to 42 perform density testing on the Lowry Grove watermain . 43 44 Payment in the amount of $4 , 933 . 37 for engineering services 45 rendered April 25 through May 29, 1993 for plans and 46 specifications regarding 37th Avenue Northeast . 47 48 Payment in the amount of $743 . 02 for engineering services 49 rendered April 25 through May 29, 1993 for the 37th Avenue 50 Northeast rehab. • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 4 4 5 6 Payment in the amount of $4 , 554 . 12 for engineering services - 7 rendered April 25 through May 29, 1993 for construction 8 administration of the 1993 street improvements . 9 10 Motion carried unanimously 11 12 C. Hance & LeVahn Law Firm 13 14 Motion by Marks , second by Wagner to approve two payments of 15 $2 , 400 each for legal services rendered by the Hance & LeVahn 16 Law Firm for the months of April and July 1993 relative to 17 prosecutions . 18 19 Motion carried unanimously 20 21 D. F.M. Frattalone , Inc . 22 23 The City Manager advised these costs will be reimbursed by the 24 Army. Payment is expected in about six weeks . 25 Motion by Marks , second by Wagner to approve payment in the amount of $54 , 881 . 33 to F. M. Frattalone Company for the Lowry Grove watermain project and that the payment be made when the 29 reimbursement is received from the Army. 30 31 32 Motion carried unanimously 33 34 E. Gridor Construction , Inc . 35 36 Motion by Marks , second by Enrooth to approve payment in the 37 amount of $63 , 151 . 17 to the Gridor Construction firm for the 38 water system improvements at the lift station . 39 40 The City Manager noted that this project is ninety percent 41 complete . 42 43 Motion carried unanimously 44 45 F. Verified Claims 46 47 Motion by Marks , second by Enrooth to approve the five pages 48 of verified claims as submitted by the Finance Director . 49 50 Motion carried unanimously • • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 3 4 5 6 Temporary 3 . 2 Beer Permit 7 8 Motion by Fleming, second by Wagner to approve the temporary 9 3 . 2 beer permit for Bill Pawlyshyn for Central Park on August 10 7 , 1993 . 11 12 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 13 Marks - nay 14 15 Motion carries 16 17 18 6 . PRESENTATION OF CLAIMS 19 20 21 A. Norman A. Johnson 22 23 Motion by Wagner , second by Enrooth to approve payment in the 24 amount of $12 , 410 . 45 to Norman A. Johnson , St . Louis Park, 25 Mn . , for the cutting tool "Jaws of Life. " The City Manager advised that this purchase was made with donated funds from charitable gambling proceeds . A thank you 29 letter will be sent to the organizations whose funds were 30 used. 31 32 Motion carried unanimously 33 34 35 B. Maier Stewart and Associates 36 37 Motion by Marks , second by Wagner to approve the following 38 payments to Maier Stewart and Associates : 39 40 Payment in the amount of $517 . 00 for engineering services 41 rendered April 25 through May 29, 1993 for an outside firm to 42 perform density testing on the Lowry Grove watermain. 43 44 Payment in the amount of $4 , 933 . 37 for engineering services 45 rendered April 25 through May 29, 1993 for plans and 4.6 specifications regarding 37th Avenue Northeast . 47 48 Payment in the amount of $743 . 02 for engineering services 49 rendered April 25 through May 29, 1993 for the 37th Avenue 50 Northeast rehab. • REGULAR COUNCIL MEETING JULY 13, 1993 3 PAGE 4 4 5 6 Payment in the amount of $4 , 554 . 12 for engineering services 7 rendered April 25 through - May 29 , .1993 for construction - 8 administration of the 1993 street improvements . 9 10 Motion carried unanimously 11 12 C. Hance & LeVahn Law Firm 13 14 Motion by Marks , second by Wagner to approve two payments of 15 $2 , 400 each for legal services rendered by the Nance & LeVahn 16 Law Firm for the months of April and July 1993 relative to 17 prosecutions . 18 19 Motion carried unanimously 20 21 D. F.M. Frattalone, Inc . 22 23 The City Manager advised these costs will be reimbursed by the 24 Army. Payment is expected in about six weeks . 25 Motion by Marks , second by Wagner to approve payment in the amount of $54 , 881 . 33 to F. M. Frattalone Company for the Lowry Grove watermain project and that the payment be made when the 29 reimbursement is received from the Army. 30 31 32 Motion carried unanimously 33 34 E. Gridor Construction , Inc . 35 36 Motion by Marks , second by Enrooth to approve payment in the 37 amount of $63 , 151 . 17 to the Gridor Construction firm for the 38 water system improvements at the lift station . 39 40 The City Manager noted that this project is ninety percent 41 complete. 42 43 Motion carried unanimously 44 45 F. Verified Claims 46 47 Motion by Marks , second by Enrooth to approve the five pages 48 of verified claims as submitted by the Finance Director. 49 50 Motion carried unanimously • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 5 4 5 6 7 . REPORTS 7 8 A. Plannina Commission - June 15, 1993 9 10 Commissioner Werenicz was in attendance representing the 11 Planning Commission . 12 13 1 . First Bank, 3928 Silver Lake Road - Sian Variance Request 14 15 Commissioner Werenicz advised these signs are to replace 16 existing signs and the total square footage will be smaller in 17 size. LeRoy Signs will be installing the bank signs . The need 18 for the replacement signs is because one bank was purchased by 19 another . 20 21 The Planning Commission recommended approval of the request 22 based on the following reasons : there were no neighborhood 23 objections , the proposed square footage is less than the 24 square footage of the current signage, the three conditions 25 are met , and the hours of illumination will be from dusk to 1 : 00 a .m. It was also felt the bank would enhance the identity of. Apache Plaza . 29 Motion by Marks , second by Fleming to approve the sign 30 variance request of First Bank , 3928 Silver Lake Road based on -31 the same findings as the Planning Commission . 32 33 Motion carried unanimously 34 35 36 2 . Tan Me, Apache Plaza - Conditional Use Permit 37 3.8 Four conditions were placed on the sign in this location 39 previously. The Planning Commission felt these same conditions 40 should remain . A precedent had also been set by the previous 41 sign . 42 43 Staff reviewed the conditions recommended by the Planning 44 Commission and recommended it be amended to read as follows : 45 46 a. The massage therapy be restricted to therapeutic 47 massage and approved hours of operation be Monday through 48 Friday, 10 : 00 a .m. to 8 : 00 p.m. ; Saturday, 10 : 00 a.m. to 49 5 : 00 p.m. and Sunday, 11 : 00 a .m. to 4 : 00 p.m. 50 40 REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 6 4 5 b. The permit would automatically be revoked if there is 6 any violation of applicable City or state statutes 7 related to criminal sexual conduct by any person 8 associated with the operation. 9 10 c. The massage therapy offered must comply with the code 11 of ethics an definition of massage therapy established by 12 the Association of Body-Work Professionals and/or the 13 American Massage Therapy Association, and 14 15 d. The massage personnel must have graduated from a State 16 of Minnesota certified professional program with a 17 minimum of 100 hours of training. 18 19 Councilmember Marks inquired if these conditions were 20 acceptable to the applicant . He was advised they were. 21 22 Motion by Wagner, second by. Marks to approve the contional use 23 permit with the four conditions as outlined in the agenda 24 packet . 25 0 Motion carried unanimously 28 29 3 . Unocal , Inc . , 2812 27th Avenue 30 31 a . Conditional Use Permit 32 33 The conditional use permit is being requested so the business 34 can be expanded. The expansion proposal will include increased 35 square footage, number of pumps, canopy and parking area . 36 Curbing will also be installed in conjunction with the street 37 realignment . The vacant building adjacent to the service 38 station is proposed for demolition next year by the owner . 39 40 Staff advised that if the conditional use permit is approved 41 by the City council conditions may be placed upon the 42 business . Possible conditions were discussed . They included 43 hours of operation, hours of sign illumination and length of 44 time and number of cars that are stored . Staff has met with 45 the service station owner, James Bona and his legal counsel , 46 to review the conditions being recommended to the Council . 47 48 The Planning Commission recommendations were reviewed by staff 49 and one additional condition was included in staff ' s 50 recommendations to the City Council . REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 7 4 5 6 The distinctions between an " inoperable" vehicle and a " junk" 7 vehicle were made. Also, Councilmember Wagner clarified tha-t 8 the conditions placed on this conditional use permit go with 9 the property and not the owner. 10 11 Motion by Marks , second by Wagner to approve the conditional 12 use permit for the St . Anthony Unocal located at 2812 27th 13 Avenue Northeast owned by James and Jane Bona with the 14 following conditions : 15 16 1 . Parking lot must be striped for 23 spaces . 17 18 2 . Curbs must be installed in areas specified on drawing. 19 The curbs must be insurmountable and be of cement . 20 21 3 . If canopy is installed, light must shine down . 22 23 4 . If the proposed addition is built in the future, the 24 lots must be combined into one parcel . 25 26 5 . Cannot have an inoperable motor vehicle outside of the property for a period greater than fourteen days/two weeks . 29 30 6 . Change address from a 27th Avenue address to a Kenzie 31 -Terrace address . 32 33 7 . A signed development agreement with. the City of St . 34 Anthony . 35 36 37 Motion carried unanimously 38 39 40 b. Setback Variance Request 41 42 Approval of the setback variance request is contingent on the 43 conditional use permit being approved . 44 45 The setback variance being requested is for twenty eight feet 46 to allow for the construction of a new canopy to be placed 47 over the gas pumps . The canopy will have a 14 ' 6" clearance and 48 will be three feet wide for an overall height of 17 ' 6 49 50 • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 8 4 5 6 Commissioner Werenicz advised that the variance request met 7 all- three--requirements for a variance, that two peop.le_ spoke 8 in support of the variance being granted, no one spoke 9 against , and the Planning Commission felt this improvement 10 would enhance the business community. 11 12 The .City Manager stated that the hardship necessary to grant 13 the variance is the shape of the lot . Mr . Bona ' s legal 14 counsel , Mr . Berndt , suggested a hardship could also be no 15 access to 27th Avenue, the irregular shape of the lot and the 16 internal traffic circulation pattern . Mr . Bona has agreed to 17 no curb cuts on 27th Avenue . 18 19 Councilmember Marks cautioned that economic hardship can never 20 be the basis for granting a variance and is not legally viewed 21 as a hardship . In this particular case the shape of the lot 22 and eliminating the need to move the gas pumps are acceptable 23 conditions . 24 25 Motion by Marks , second by Wagner ' to approve the setback 26 variance requested by James Bona for the Unocal service station at 2812 27th Avenue Northeast based on the same conditions as cited by the Planning Commission 29 30 31 Motion carried unanimously 32 33 34 UNFINISHED BUSINESS 35 36 37 a . Ordinance No. 1993-007 ; Re : Business Identification Signs 38 (Third Reading) 39 40 Commissioner Werenicz stated that members of the Planning . 41 Commission were surprised at the action of the Council to 42 approve the sign located at the Northgate Office Park . This 43 action was viewed by the Planning Commission as granting a 44 sign variance by being threatened with legal action by the 45 owner of the Office Park . 46 47 He stated that the Planning Commission is opposed to an 48 ordinance which would allow this . He cited the Kentucky Fried 49 Chicken establishment which could use this same ordinance in 50 this way . REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 9 4 5 6 The City Attorney advised that the Northgate variance goes 7 with the property. He noted that if the copy on the sign 8 changed that would constitute a new sign . In this case, 9 another hardship would have to be found to approve a variance . 10 11 Commissioner Werenicz recalled the Planning Commission had 12 recommended the sign variance be denied and the Council agreed 13 with this recommendation . Then , in the face of threatened 14 legal action, the Council approved it . 15 16 Councilmember Enrooth stated this is incorrect and the 17 approval was not based on potential legal. action but rather on 18 research and an identified problem. 19 20 The City Attorney stated that this new ordinance would permit 21 any lawful existing sign to be replaced in the same location 22 and the same size even if there is a new business involved. 23 24 Councilmember Marks felt it was not the position of the 25 Planning Commission that each new owner would have to come before the Planning Commission and the City Council . Commissioner Werenicz stated this is the position and the 28 preference of the Planning Commission . 29 30 Councilmember Enrooth felt this would be a difficult position 31 to legally defend . 32 33 Motion by Enrooth, second by Marks to approve the third 34 reading and adoption of Ordinance No. 1993-007 being an 35 ordinance relating to signs ; amending. Section 1400 . 08 to add 36 the replacement of business identification signs . 37 38 Motion carried unanimously 39 40 B. CITY COUNCIL REPORTS 41 42 1 . Report of Councilmember Wagner 43 44 Councilmember Wagner and City Manager Burt attended the 45 recent Apache Plaza Merchants Association meeting . They 46 clarified the issue regarding the reason for the delay of 47 the CUB Store commencing construction . The City is not 48 delaying any of the progress . Dennis Cavanaugh, 49 representing the Apache Owner, C.G. Rein Company, 50 admitted he is slowing the progress . • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 10 4 5 6 Councilmember Wagner welcomed the new pastor of the Faith 7 United Methodist Church . He 'is Pastor ,Dennis Alexander . 8 9 2 . Report of Councilmember Fleming 10 11 Councilmember Fleming had nothing to report at this time . 12 13 3 . Report of Councilmember Enrooth 14 15 On July 12th, Councilmember Enrooth attended the Village 16 Fest meeting. Thirty five people were in attendance and 17 all the plans for the celebration are "on target . " 18 19 Apache Plaza has offered the use of the shopping center 20 for any activities possible if the weather is poor during 21 the celebration . 22 23 The next meeting of the Village Fest Committee is 24 scheduled for September which will be the last one for 25 1993 . 0 Councilmember Wagner had tickets for the Kiwanis Club 28 Pancake Breakfast . 29 30 4 . Report of Councilmember Marks 31 32 Councilmember Marks attended a camp out in honor of his 33 parents sixtieth wedding anniversary . He also became a 34 grandfather for the second time . 35 36 5 . Report of Mayor Ranallo 37 38 Mayor Ranallo had nothing to report at this time. 39 40 6 . Appointment of Plannina Commission Member 41 42 Motion by Wagner, second by Marks to appoint Douglas 43 Bergstrom to the Planning Commis-sion . 44 45 Motion carried unanimously 46 47 Councilmember Fleming inquired as to the consideration 48 given to the appointment of Chris Makowske to the 49 Planning Commission . She felt he would serve very well 50 and would do a good job for the City . REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 11 4 5 6 Councilmember Marks remarked all the applicants were very 7 good. It was felt that Mr . Bergstrom brought outstanding 8 credentials to the Commission . 9 10 11 7 . Proclamation Declaring "National Night Out " 12 13 Mot-ion by Enrooth , second by Marks to approve the 14 proclamation declaring August 3, 1993 as "National Night 15 Out" in St . Anthony . 16 17 The .City Manager reminded the Council that August 3rd is 18 also a scheduled City Council work session . 19 20 Motion carried unanimously 21 22 C . CITY MANAGER ' S REPORT 23 24 The City Manager received a letter from the school district 25 Superintendent advising of the district ' s intent to place a portable classroom on the southeast corner of the Wilshire Elementary School ' s playground . The purpose of this space is 28 to* accommodate special learning/special meeting needs . 29 30 The structure must be approved by the State and meet all state 31 codes . It will be put on the property in August and the City 32 Manager will place it on the Planning Commission agenda for 33 its September meeting. It is intended to be considered 34 temporary and plans to have it in place for two years have 35 been indicated . 36 37 Councilmember Enrooth felt the Planning Commission should not 38 be left out of the approval process and neither should the 39 neighbors adjacent to the School . He recommended the Planning 40 Commission hold a special meeting and a public hearing to 41 consider this issue. 42 43 Councilmember Fleming recognized the need for additional 44 space, but she felt it was unfortunate that the communication 45 between the school district and the City is so poor that this 46 issue could not have been addressed on a more timely basis . 47 48 August 3rd was the date selected for a special Planning 49 Commission meeting and a public hearing to discuss the 50 portable classroom issue . • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 12 4 5 6 There is a Bon Voyage party on July 15th for Dave Childs , who 7 is leaving the position of City Manager at New Brighton . 8 9 Some members of the Council had noticed the pumps had been 10 removed at the Stop-N-Shop on 33rd Avenue and Stinson 11 Boulevard. When the owner came before the Council requesting 12 a variance part of his problem was because he felt the cost to 13 move the pumps would be prohibitive. 14 15 The City Manager advised that the location of the pumps when 16 they are being re-installed will be the same as the former 17 location . New tanks are being put in to meet some Pollution 18 Control Agency requirements . 19 20 8 . PUBLIC HEARINGS 21 22 There were no public hearings . 23 24 9 . NEW BUSINESS 25 46 A. Change Order # 2 for Water System Improvements 28 This change order will allow for the installation of a limit 29 switch control system, a control panel modification and 30 additional conduit for the booster pumps and the pumphouse 31 installation . This will allow the system operator better 32 information regarding the existing control panel . The 33 modification will allow the booster pumps to operate as a well 34 from the existing well #7 control module in the existing 35 filtration plant control panel . Total cost of the change order 36 is $943 . 84 . 37 38 Motion by Marks , second by Enrooth to approve Change Order #2 . 39 40 Motion carried unanimously 41 ' 42 B. Resolution No. 93-040 , Re: Development Agreement with 43 Unocal 44 45 City Attorney Soth reviewed the Development Agreement 46 specifically addressing the conveyance of a triangular piece 47 of property, there being no access onto 27th Avenue, and the 48 only access being on the "stub" street . 49 50 • REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 13 4 5 6 The City Manager advised that the berm will be about three to 7 four feet- in height with plantings on top of it .- -This will 8 keep vehicular headlight glare from nearby residences . 9 10 The Mayor inquired as to Mr . Bona ' s plans for the former meat 11 market building. 12 13 Mr . Bona responded he has had some plans for the building for 14 over two years but presently is only concentrat-ing on the 15 appearance of its front . He also apologized to members of the 16 Council for the numerous letters they had received from some 17 of his supporters . He felt they may have been an irritant . 18 19 Motion by Marks , second by Wagner to approve Resolution No . 20 93-040 being a resolution approving the agreement between the 21 City of St . Anthony and the St . Anthony Unocal and authorizing .22 the Mayor and City Manager to execute said agreement . 23 24 Motion carried unanimously 25 46 10 . UNFINISHED BUSINESS 28 A. Ordinance No . 1993-008 , Re: Rezoning for Property on 29 Silver Lake Road (Third Reading) 30 31 The Mayor recalled there had been a certain sense of urgency 32 to have everything required by the City done quickly to 33 accommodate the medical building construction schedule. Now 34 that everything is done there appears to be no action . 35 36 The City Manager advised that a call had been received from 37 the builder requesting permit information and stating activity 38 should begin by the end of the month. He noted there is still 39 no development agreement in place and the developer is aware 40 there is a risk . Presently, the project is thirty to forty- 41 five days behind schedule. 42 43 Motion by Wagner, second by Fleming to approve the third 44 reading and adoption of Ordinance No. 1993-008 being an 45 ordinance relating to zoning, rezoning certain property from 46 residential to commercial . 47 48 Motion carried unanimously 49 50 w REGULAR COUNCIL MEETING JULY 13 , 1993 3 PAGE 14 4 5 6 Members of the Council had noticed that trees have been cut --7 down on a vacant lot on Edward -Street near 36th Avenue. The 8 Management Assistant will get information on this activity. 9 The City Manager recalled the parcel has a spring located on 10 it and there is question if it is buildable . 11 12 13 11 . ADJOURNMENT 14 15 Motion by Marks, second by Enrooth to adjourn the meeting at 16 8 : 25 p.m. 17 - 18 Motion carried unanimously 19 20 21 Respectfully submitted , 22 23 24 Jo-Anne Student , Council Secretary 25 26 Mayor Clarence Ranallo 29 30 31 ATTEST: 32 City Clerk 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 a 'n tho 'i ill e a DATE: July 27, 1993 APPROVAL: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval Contractors License: Everest Construction Company, Roseville, MN Able Fence Inc., St. Paul, MN Petroleum Maintenance, St. Paul, MN Heating License: Rapid Heating & Air Conditioning, Crystal, MN Maple Grove Heating & Air Conditioning, Osseo, MN Multiple Dwelling License: Caravelle Apartments 108 Units Temporary 3.2 Beer Permits: Judith Lutgen/August 29, 1993/Central CITY OF ST ANTHON-Y DEPARTTMENT OF LICENSING Date: The following is an application for use of 3.2 beer in City Parks. FULL NAME OF APPLICANT: \J a i) ( %N Ll���°L` (Must work in St. Anthony or live in St. Anthony) ADDRESS: AGE: I certify that I am a resident of St. Anthony or work in the City. I am responsible for conduct of his/her group. ignature of Applicant NAME OF GROUP. LL l -c A) 141 L�� # IN GROUP: r61 o . LOCATION: c-Lk\7k-ct`1 '1X`4/,'`4/,' i D 11 DATE: 2 9 3 HOUR_ S: Z ' crC, _ -7 = 6 TELEPHONE,*: 7 $50.00 CLEAN-UP DEPOSIT. (You are responsible for Park Clean-up, the deposit will be returned,after inspection of the Park) RECEIVED BY: RETURNED: • INDEPENDENT SCHOOL DISTRICT NO, 282 Community Services Department 3301 Silver Lake Rd * St. Anthony, MN 55418 9 Phone: 781-5021 Facilities Reservation Form Permit No. Name ` ` Home Phone Bus. Phone Address :j Today's Date Name of Group orOrganization |ntundedUse ,�� Date(s) wanted Ooy<sX��wK4 T VV Th F Sm (circle) Building: —High School —Auditorium —Community Center —Cafeteria —Wilshire ) [� ] —Classroom(s) � -' ' ----- ---��� _��_O\hmr i i / c� �� �� —Gymnasium (|f High Schoo|, circle one: LARGE SMALL ) —Kitchen -_---O\her Doors!oopen ----__.anm _------pm Expected attendance: Activitybegino _---__-am pm Admission: —Free Charge Activity ends —am pm Will merchandise bosold? Special arrangements needed (chairs, cooks, AV equipment, etc.): I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School Diohict-#282.Ama group mr organizational agent,U will attend this function,and U will be solely responsible for giving any and all instructions to the custodians on other support personnel. Pnwswn1mtlqm'w0 this permit tm the custodian on duty im necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility.Ren1ae waives all rights and claims for potential damages incurred in this rental arrangement. - (signature O'KresnnnubI6perspn) Bill to: - (name) (auun,,a) _-__--_-_-__--_-----_--__---- FOR -~ Class -_- |nm -_.--- Approved by ' Date / Charges: Rental Custodial Cooks Otharchorgeo' WHITE-CornmunitylierWces Office Copy CANAAY-Business Otflc*Copy PINK-Custodians Copy GOLD-Applicanirs Copy ``. • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 10120 July 6, 1993 Page number 1 Project 490-018-30 37TH AVENUE CONCRETE REHAB CONSTRUCTION ADMINISTRATION City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Registered Professional Engr. • Virgil G. Hawkins Construction Administration 6-12-93 3.00 21.54 2 .45 158.32 Research 6-19-93 10.00 21.54 2.45 527.73 6-26-93 8.00 21.54 2.45 422.18 Clerical Barbara K. Shaw Clerical 6-26-93 .50 12.48 2.45 15.29 Staff Labor Expense: 21.50 1, 123.52 Direct Expenses Amount --------------- ---------- PERSONAL TRUCK 6-19-93 10.50 Direct Expenses Total: 10.50 Invoice Total: 1, 134.02 • • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 10121 July 6, 1993 Page number 1 Project 490-018-90 37TH AVENUE CONCRETE REHAB City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Registered Professional Engr. Virgil. G. Hawkins • Research 6-05-93 3.00 21.54 2.45 158.32 Staff Labor Expense: 3 .00 158.32 Direct Expenses Amount POSTAGE & DELIVERY 6-26-93 Silver Bullet Delivery 15.75 Direct Expenses Total: 15.75 Invoice Total: 174.07 • • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 10119 July 6, 1993 Page number 1 Project 490-018-20 37TH AVENUE N.E. PLANS & SPECIFICATIONS City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer • Thomas J. Madigan Project Design 6-19-93 2.00 30.24 2 .45 148.18 Registered Professional Engr. Virgil G. Hawkins Project Design 6-05-93 3.00 21.54 2.45 158.32 Specifications 6-12-93 4.00 21.54 2 .45 211.09 Senior Draftsperson Edward C. Youngquist Project Design 6-05-93 8.00 17.84 2.45 349.66 6-12-93 8.00 17.84 2.45 349.66 Clerical Janice E. McCauley Clerical 6-19-93 . 50 11.08 2 .45 13.57 6-19-93 .50 11.08 2.45 13.57 Barbara K. Shaw • • Invoice number 10119 July 6, 1993 Page number 2 Project 490-018-20 37TH AVENUE N.E. Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Clerical 6-12-93 .25 12 .48 2 .45 7.64 Staff Labor Expense: 26.25 1,251. 69 Direct Expenses Amount --------------- ---------- REPRODUCTION 6-19-93 Franz Engineering Reproductions, Inc. /Xerox Bond Copies 10.87 PERSONAL TRUCK 6-05-93 9.00 AUTOCAD 6-05-93 90.00 6-12-93 90.00 Direct Expenses Total: 199.87 Invoice Total: 1,451.56 • • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 10118 July 6, 1993 Page number 1 Project 490-015-40 1993 STREET IMPROVEMENTS CONSTRUCTION STAKING & INSPECTION INCLUDING 27TH & COOLIDGE STREET RELOCATION IMPROVEMENTS City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount ----------------=---- ------- ------ ---------- ---------- Registered Professional Engr. Brian D. Miller Construction Administration 3-0.6-93 1.50 24.20 2 .45 88.94 3-13-93 .50 24.20 2 .45 29.65 3-27-93 1.00 24 . 20 2 .45 59.29 Virgil G. Hawkins Construction Administration 6-26-93 1.50 21.54 2.45 79.16 Shop Drawing Review 3-06-93 5.00 21.54 2.45 263 .87 3-13-93 5.50 21.54 2.45 290.25 3-20-93 2.00 21.54 2.45 105.55 Project Meeting 6-12-93 3.00 21.54 2.45 158.32 Registered Land Surveyor Steven G. Seeger Surveying & Staking 6-26-93 21.00 22.63 2.45 1, 164.32 Frank S. Kriz Project Supervision 5-01-93 .50 25.90 2.45 31.73 6-26-93 1.00 25.90 2 .45 63.46 Invoice number 10118 • July 6, 1993 Page number 2 Project 490-015-40 1993 STREET IMPROVEMENTS ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Leonard Pilarski Project Supervision 6-19-93 .50 23 . 65 2.45 28.97 Steven V. Ische Project Supervision 6=26-93 3.50 20. 19 2 .45 173. 13 Senior Technician Clyde F. Chase Construction Inspection , 5-01-93 4.00 20.50 2.45 200.90 5-08-93 19.50 20.50 2.45 979. 39 5-08-93 3.00 20.50 2.45 150.68 5-15-93 16.00 20.50 2.45 803 .60 David R. Thompson Construction Inspection 5-22-93 16.00 18.59 2.45 728.74 5-29-93 14.50 18.59 2.45 660.42 6-05-93 19.50 18.59 2.45 888. 15 6-12-93 20.00 18.59 2.45 910.92 6-19-93 18.75 18.59 2.45 853.99 6-26-93 5.50 18.59 2.45 250.50 Steven V. Ische Project Supervision 5-01-93 1.50 19.03 2..45 69.94 Larry J. Walton Construction Inspection 6-12-93 2.50 14.27 2.45 87.41 6-26-93 18.50 14 .27 2.45 646.80 6-26-93 4.00 14.27 2.45 139.85 Amy M. Hulett Surveying & Staking 5-08-93 4.00 10.70 2.45 104.86 Invoice number 10118 July 6, 1993 Page number 3 Project 490-015-40 1993 STREET IMPROVEMENTS --------------------------------------------------------.--------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Survey Crew chief _ Marvin W. Bimberg Surveying & Staking 5-08-93 4. 00 22. 37 2.45 219.23 Scott J. Niemann Surveying & Staking 6-19-93 4.00 17. 19 2 .45 168.46 James L. Fitch Surveying & Staking 5-08-93 4.00 14.12 2.45 138.38 6-26-93 4 .00 14. 12 2.45 138.38 Instrument Operator/Tech II Peter D. Helder Surveying & Staking . 5-08-93 4 . 00 11.59 2.45 113 .58 Clifford L. Jones Surveying & Staking 6-19-93 4..00 11.39 2.45 111.62 Rex 0. Nicholson Surveying & Staking 6-26-93 16.00 10. 11 2.45 396.32 Rod Person/Tech III Ryan M. Nelson Construction Inspection 6-26-93 7.00 7.51 2 .45 128.80 Clerical Barbara K. Shaw Specifications 4-17-93 1.00 12.48 2.45 30.58 Invoice number 10118 July 6, 1993 Page number 4 Project 490-015-40 1993 STREET IMPROVEMENTS ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Inspector Phillip A. Elkin Construction Inspection 6-19-93 19. 00 10.40 2 .45 484.12 6-26-93 16.00 10.40 2 .45 407. 68 Staff Labor Expense: 296.75 12,349.94 Direct Expenses Amount ---------- --------------- FIELD SUPPLIES 5-22-93 2.00 6-19-93 7.95 6-19-93 11.78 PERSONAL VEHICLE 5-01-93 1.25 5-08-93 20.25 5-08-93 2.25 5-15-93 15.50 6-19-93 34.00 6-26-93 12.00 PERSONAL TRUCK 5-22-93 25.20 5-29-93 20.40 6-05-93 20.70 6-12-93 21.30 6-12-93 12.00 6-12-93 9.30 6-19-93 26.40 6-26-93 14.40 6-26-93 10.50 6-26-93 9.60 6-26-93 30.00 6-26-93 14.70 COMPANY TRUCK 5-08-93 9.00 6-19-93 7.50 6-26-93 23.70 Direct Expenses Total: 361.68 Invoice number 10118 July 6, 1993 Page number 5 Project 490-015-40 1993 STREET IMPROVEMENTS ----------------------------------------------------------------------- Consultant Expenses Amount ---------- ------------------- MISCELLANEOUS OUTSIDE HIRE 3-27-93 Kaeding & Associates, Inc. 152.00 Consultants total: 152.00 Invoice Total: 12,863 .62 Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 10117 July 6, 1993 Page number 1 Project 490-015-30 1993 STREET IMPROVEMENTS CONSTRUCTION ADMINISTRATION City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer • Thomas J. Madigan Construction Administration 6-05-93 2.00 30.24 2.45 148.18 6-19-93 2.00 30.24 2.45 148.18 6-26-93 1.00 30.24 2.45 74.09 Registered. Professional Engr. . Virgil G. Hawkins Construction Administration 6-19-93 4.00 21.54 2.45 211.09 6-26-93 8.00 21.54 2 .45 422. 18 Research 6-19-93 3 . 00 21.54 2.45 158.32 Registered Land Surveyor Leonard Pilarski Project Supervision 6-19-93 1.00 23.65 2.45 57.94 Clerical Janice E. McCauley Clerical 6-05-93 1.50 11.08 2.45 40.72 6-12-93 .50 11.08 2 .45 13.57 6-19-93 1.00 11.08 2.45 27. 15 6-19-93 .50 11.08 2.45 13.57 Invoice number 10117 July 6, 1993 Page number 2 Project 490-015-30 1993 STREET IMPROVEMENTS Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Barbara K. Shaw Clerical 6-05-93 1.50 12.48 2.45 45.86 6-12-93 4.00 12 .48 2 .45 122. 30 6-26-93 .50 12.48 2.45 15. 29 Staff Labor Expense: 30.50 1, 498.44 Direct Expenses Amount ---------- --------------- POSTAGE & DELIVERY 6-26-93 UPS 9.80 6-26-93 Silver Bullet Delivery 10.75 Direct Expenses Total: 20.55 Invoice Total: 1,518.99 f ' - �3RG-F-I-N ANGIAL-S-Y-STEM -- T-.- ANTHONY-VILLAGE 7/14/93 10:23 Check Register GL540R-VO4. 10 PAGE 1 -BANK VENDO -- CHECK#- DATE- ------- - -AMOUNT--- - LIAR LIQUOR CHECKING ACCOUNT 004009 AETNA LIFE & CASUALTY 4178 07/12/93 397.79 004015 AMERICAN LINEN SUPPLY CO 4179 07/12/93 685.50 0040-16 AMERICAN-R-ISK-SERV-I-E° 4180-{3-7/-12/-9.3 ---273:00- -- 004040 BOYD HOUSER CANDY & TOBA 4181 07/12/93 2 ,855. 54 .00001 BROADCAST MUSIC, INC. 4182 07/12/93 1 ,435.00 -004060---GAR-ISON-TRUE-VALUE 4-1 83--07"2-/-93- -----5-..30--- 004059 CARLSON/CARY 4184 07/12/93 300.00 004080 CITY COUNTY FED CREDIT U.. 4185 07/12/93 10.00 004094---C-OAS-T-T-O-C-OAST#99' 4-186-0 3 -5:34- ---- 004095 COCA COLA BOTTLING 4187 07/12/93 1 ,873.49 004100 COMMISSIONER OF REVENUE 4188 07/12/93 612.91 �00 4 108 r--TIER-zSE-R V-I-E . 4 1,89--07/12/93 _80-.00 .00002 EAGLE ROOFING SYSTEMS 4190 .07/12/93 750.00 004120:' EAGLE WINE CO 4191 07/12/93 272.41 084 25-EAST-SIDE-BEVE-RAG 4 42-07J12/93 B-5482.6& 004118 EMS MUSIC INC 4193 07/12/93 161 .25 004139 FARMER B ROS CO 4194 07/12/93 33.90 094 419 F T R STAR-E' [ A l 1� /12/Oo -713-1 1 004411 F-IRSTAR ST ANTHONY BANK . 4196 07/12/93 15,000.00 004145 GANZER. DISTRIBUTORS INC 4197. 07/12/93 8,362.60 - -084+5 GENERAL-P-AR-TS & SUPPLY r. - 4 nor2/98 ---- 10n. 6 n 004162 GLENWOOD INGLEWOOD 4199 07/12/93 25.05 004175 GRIGGS COOPER & CO INC 4200 07/12/93 13,458.54 00420-2-�. �V-GF-Y-vU#�PAR�-8�-G8L A'3 n 1 n�/T=�gz 1-06:00 004207 HOLMES/DENNIS 4202 07/12/93. 80.00 004205 HOME JUICE CO 4203 07/12/93 75. 10 =004-208=---I-E-M-A--RET-TR EMEN-T-T-RH S _4-204--G7-/+2-/-93 34 . 24---- 004215 INTERNAL REVENUE SERVICE 4205 07/12/93 50.00 004216 JANI-KING OF MN 4206 07/12/93 668.58 - 004220 joHN-SON-WINE-6^ 4-2-0-7-0-7-/-X2%9-3- 2,0-90-28 004225 KRAFT FOODSERVICE 4208 07/12/93 630.87 004230 KUETHER. DISTRIBUTING CO 4209 07/12/93 21 ,750.40 004-2-3-4 LM elT 111: 193.0-1- 004265 MARK VII SALES INC 4211 07/12/93 5,645.20 004266 MARKET MECHANICAL 4212 07/12/93 483. 41 0842-56�;G--Di��Vllb►GH/R� GHAE 1= 4213-0-7-/-1-2-/-9,3 40--00-- 004272 METZ BAKING CO 4214 07/12/93 33.39 004293 MINN BAR SUPPLY .4215 07/12/93 832.00 004290---MlNt4EGA 4216 07/12/93 - - - 204-78- 004313 MUZAK 4217 07/12/93 71 . 10 004318 NAT FINANCIAL INS CO 4218 07/12/93 9.50 -- o j r3 004338--NQRAH-BTAR-IB w 1 1Y844 9- 004345 LD DUTCH FOODS INC 4220 07/12/93 155.02 00435 PEPSI. COLA-7,,,UP BOTTLING_ 351 .70 01 3 60`-"PH f'bbip 7 OL AND Jet4 s eem1"A►r:.:.. 222 07/ 3 48.32 • 004372 PLUNKETT'S 4223 07/12/93 119. 10 .00003 PREMIER RESTAURANT EQUIP 4224 07/12/93 93.01 76-----PR-I�R2--Wl-N�C9 -- "�22a-0-7 /03 761-x49--- ----- — - ST ' ANTHONY VILLAGE �/l4/93 l�' 23 Check Register GL540R-VO4 ' 10 PAGE l ' —8A�K----�-----VENDOR-- —�-� -- --- ' CHECK#---'DATE---- - - - AMOUNT` LIQA LIQUOR CHECKING ACCOUNT 004380 PUBLIC EMPLOYEE RETIREME 4226 07/12/93 1 ,504 ' 06 004385 QUALITY WINE CO - 4227 07/13 /93 825' 97 -�--�004-390--'—REX-DIST�I8U�-I�qQ- CO ''^ --^ '~� 4� �8-O7/l�/93- ---- �4', 436 �98 ' 004425 SKYYIEW SATELLITE SYSTEM 4229 07/12/93 10i . 17 004409 ST ANTHONY MERCHANTS ASS 4230 07/12 '93 50 ' 00 ' ---O84285---- STAR-TRI BUN[�- ------ ' 423l-07/ -- -1-;-764`'90- - - ' 004450 STUART DISTRIBUTING CO 4332 07/12/93 280 ' S5 004480 TWIN CITY FILTER SERVICE 4233 07/12/93 138 ' 43 -----'-OO449l-- - VNITED-WAY--�---�------ `�---'---�--4�-34-07f12`/93---- - --- 9�00 - - 004499 VAIL/BRENDAN 4235 07/12/93 65 ' 00 004494 WASTE MANAGEMENT - BLAIN 4236 07/12/93 454 ' 79 �*x LIQUOR CHECKING ACCOUNT 108, 113. 96 --_-__ -_--_ _ --_---_____-__--- ' ` ' BRC FINANCIAL S-ISTEM ST . Ar�THONY VILLAC /2�2T93 i2. 4-- Check egisLer --Gt54OR=x%04: 10 PAGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 0�6'23�---A-T-& -T -CR�ISIT-�01� - 46b6 0Tj2�j9-3 --296--'88--- . 000058 AIRSIGNAL INC 4684 07/28/93 21 . 12 000115 AMES PHOTO FINISH 4685 07/28/93 2.07 -- 005038 ANIMAL CONTROL MG 4686 . 07/28/93 18x.00 008104 AT & T CONS PROD DIV 4687 07/28/93 34 .20 008153 BOB 'S PERSONAL COFFEE SE 4688 07/28/93 62.32 - O--BOUSTtAtD-ELECTRTz- 9-U7Mar/1?�3-- 31-2-:-3 007253 BRAKE & EQUIPMENT WAREHO 4690 07/28/93 196.25 008100 BRIGITTE OLLENDICK 469.1 07/28/93 1 ,316 . 34 007315 BROWNING-FERRIS INDUSTRI 4692 07/28795 627.25 000537 BURT/THOMAS 4693 07/28/93 86. 16 008117 BUSINESS RECORDS CORP.-F 4694 07/28/93 97 .38 0 07 -- CEMS-T'UtI LOM-PATI 4695 0 T - .00001 CITY OF ST. PAUL 4696 07/28/93 56.25 000625 COPY DUPL PRODUCTS 4697 07/28/93 75.00 000815 COTRONEO DOMINIC 4698 07/28/93 500.00 000812 DODD TECHNICAL CORP 4699 07/28/93 119.04 008139 DORADUS CORP. 4700 07/28/93 24.00 .00002 ENFORUEM NT PRODUCTS C- iOTOTj2 7T-93 000920 FEED RITE CONTROLS 4702 07/28/93 62.62 001025 G & K SERVICES 4703 07/28/93 32.64 - 007057 GENEX 4704 07 28 93 4.74 008058 GFOA 4705 07/28/93 12.00 . 00003 GODEKE/SUSAN 4706 07/28/93 50.00 F CFjISU-A -- T �TO0Tj28793- --83-00-- 001241.008127 GRAFIX SHOPPE 4708 07/28/93 67. 10 001270 . GRAYBAR 4709 07/28/93 348.84 008088 HAWK ENTERPRISES INC 4710 07/28/93 63.00 001505 HENN CO SHEFIFF 4711 07/28/93 19. 11 .00001 HENRY & ASSOCIATES 4712 07/28/93 978.20 0 Zff5W5--Ff00VER__WT[EE L A L I G M E 3-07_f2 B 96 --9 5 __ .00004 I . T. L. PATCH CO. , INC . 4714 07/28/93 324.00 001601 INGMAN LAB 4715 07/28/93 82.50 _ .00005 JOHNSON NORMAN 4716 07/28793 446.97 001810 KIWANIS CLUB 4717 07/28/93 202.00 001981 LMCIT 4718 07/28/93 773.00 - 62 93---t�T-I-iSIST-00 - 7_r9-O7f2EFj93 ---53.65--- 002240 METRO WASTE CONTROL 4720 07/28/93 -40,047.00 - 002280 MIDWEST ASPHALT CORP 4721 07/28/93 520.95 002380 MINNEGASCO INC 4722 07/28/93 ^534.63 i 002680 NORTHERN STATES POWER 4723 07/28/93 1 ,591 .32 007043 NORTHERN STATES POWER 4724 07/28/93 2,293.76 -----0-07Z1`J -F1MTFE-RN-FTATER--WURI(-S-SUP 472- OT/-28C93 ;925-00--- 008086 . OFFICEMAX 4726 07/28/93 20.99 .00006 PETRIE/DAVID 4727 07/28/93 50.00 _ 003000 RADIO SHACK 4728 07/28/93 11 .66 003080 ROLLINS OIL CO 4729 07/28/93 23.29 003200 SAVOIE SUPPLY CO 4730 07/28/93 73.43 BRC FINANCIAL SYSTEM ST . ANTHONY VILLAC. 7 7 22 93 12:24 Check Register GLS40R-VO4 . 10 FAGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 003315 " SERCO LABORATORIES 4731 07T28-f9--3 375.00 005015 SNAP-ON-TOOLS 4732 07/28/93 40.79 003490 STREICHER'S 4733 07/28/93 _36.09 — 003560 TRACY PRINTING 4734 07/28/93 640 .00 007044 TWIN CITY JANITOR SUPPLY 4735 07/28/93 121 . 33 008010 UNIFORMS UNLIMITED 4736 07/28/93 35. 12 .00003 UNITED LABORATORIES 4737 07/28/93 1$13. 81 002700 US WEST COMMUNICATIONS 4738 07/28/93 950.69 FIRSTAR ST . ANTHONY CHECKING 58,559. 75 *'� DORSEY & WHITNEY A P.erw-011 I.......Paor .....L CO.—... 350 PASS AVENUE 220 SOUTH SIXTH STREET 201 FIRST ANENVE,S.W.,SUITE 340 NEW YORE,NEW YORK 3002E ROCHESTER,MINNESOTA 55902 (212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (507)288-3156 1330 CONNECTICUT AVENUE,N.W. (612) 340-2600 1200 FIRST INTERSTATE CENTER WASHINGTON,D.C.20036 TELEX 29-0605 BILLIROS,-MONTANA 59103 (202)857-0700 (406)252-3800 FAX(612)340-2868 — 3 ORACECHURCH STREET '507 DAVIDSON BUILDING LONDON EC3Y OAT,ENGLAND OREAT PALLS,MONTANA 59401 44-71-929-3334 (406)727-3632 36,RUE THONCHET WII I�l"r�� R.SOM 127 EAST FRONT STREET 75009 PARIS,FRANCS (61A 340-2969 MISSOULA,MONTANA 39802 33-1-42-66-59.49 (406)721-6025 35 SQUARE DE MEEUS 801 GRAND.SUITE 3900 B-1040 BRUSSELS,BELGIUM DEB MOIRES,IOWA 50309 32-2-504-46-11 June 30, 1993 (515)283-1000 Mr. Thomas D. Burt City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony MN 55418 RE: 27th & Coolidge Lots Dear Tom: You have asked my opinion regarding the legal requirements and procedures applicable to the.sale of the newly created residential lots in the vicinity of 27th & Coolidge. There is no legal requirement that the lots be sold by bid. The Uniform Municipal Contracting Law excludes real property from bidding requirements. Since bids are not necessary, the Council may pass a resolution approving a sale and directing you and the Mayor to execute the necessary purchase agreement and conveyance. Thus, you could solicit offers from prospective purchasers, and after review by you and the Council, determine what offer the Council is willing to accept. This can either be done by holding the property open for sale on the market for some period of time, or you could arrange to have an auction in which you solicited sealed bids. The decision of whether or not to simply solicit offers without sealed bids, or to have an auction with formal bids, is entirely up to you and the Council. In either case, I should probably review any proposed purchase agreement before it is approved by Council resolution and signed. If you would like to solicit formal bids, I can provide you with the form of bidding instructions. DOBSEY 8C WHITNEY , Mr. Thomas D. Burt June 30, 1993 Page 2 I will begin preparation of a form of Development Agreement to use for these lots, and we will need to provide in any purchase agreement or bidding instructions that the lots will be sold subject to the provisions of the Development Agreement. If you have any further questions in this regard, please let me know. TVetrulY yours, • o WRS:gle William R. Soth i CITY OF ST. ANTHONY RESOLUTION 93-041 A RESOLUTION RELATING TO A VARIANCE FROM THE STATE OF MINNESOTA FOR ROAD REHABILITATION ON 37TH AVENUE N.E. BETWEEN SILVER LAKE ROAD AND STINSON BOULEVARD WHEREAS, with the use of Minnesota State Aid funds, the City of St. Anthony desires pavement rehabilitation for 37th Avenue N.E. between Silver Lake Road and Stinson Boulevard; and WHEREAS, the Minnesota Department of Transportation granted a width variance to the City of St. Anthony for this rehabilitation conditional upon the City of St. Anthony's agreement to indemnify, save, and hold harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of allowing a street width of 42 feet face to face of curb, in lieu of the required 44 foot minimum street width on the above referenced construction project and further agrees to defend at the City's sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby agrees to the conditions as set forth in the above paragraph. Adopted this day of 1993. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • STAFF REPORT DATE: July 15, 1993 FROM: Thomas D. Burt, City Manager TO: Mayor and Councilmembers SUBJECT: EARLY RETIREMENT INCENTIVES I have discussed early retirement incentives with eligible employees. Some of them did indicate an interest in the program. RECOMMENDATION: Council adopt Resolution 93-042 (attached) which will approve an early retirement incentive. • CITY OF ST. ANTHONY RESOLUTION 93-042 A RESOLUTION APPROVING A ONE YEAR EARLY RETIREMENT INCENTIVE PLAN WHEREAS, the 1993 Minnesota Legislature passed an early retirement incentive bill that permits public employers to offer an improved pension formula to eligible PERA members; and WHEREAS, to be eligible for said program, employees must: • be a contributing member of PERA's Basic_ or Coordinated pension plans, ® be currently eligible to draw a PERA pension, • terminate public employment on or after May 17, 1993, but before January 31, 1994, • be age 55 or older with at least 25 years of service in one or more qualified Minnesota public pension plans, or be age 65 and have at least one year of service credit in one or more qualified Minnesota public pension plans; and WHEREAS, the improved pension formula offers an increase of 1/4 percent (.25%) for each year of service up to the first 30 years (the maximum formula increase is 7.5 percent). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the improved pension formula as stated above for eligible City of St. Anthony employees. Adopted this day of 1993. Mayor ATTEST: City Clerk Reviewed for administration: • City Manager • MEMORANDUM Date: June 23, 1993 From: Thomas D. Burt To: Mayor and Councilmembers Subject: EARLY RETIREMENT INCENTIVES As discussed at the June 22nd meeting, the legislature in its last session passed a one year early retirement incentive plan. The City has two options it may elect to offer retiring employees. The options are: Option 1. An increase in the pension formula of 1/4 percent (.25%) for each year of service • up to the first 30 years (the maximu m formula increase is 7.5%). There is no cost to either the employer or employee for this option. Option 2. Employer-paid health insurance for employees who are between ages 55 and 65 with certain service requirements. A question was raised at the Council meeting of why the Council has to pass a resolution to offer Option 1. The answer given by PERA was that the legislature specifically indicated in the legislation passed that the governing body must approve the Option. RECOMMENDATION City offer Option 1 for 1993 and to pass on Option 2 as this would cost the City money. CITY OF ST. ANTHONY RESOLUTION 93-043 A RESOLUTION APPROVING MAIER STEWART & ASSOCIATES, INC. AS ENGINEERS FOR THE 1994 STREET CONSTRUCTION IMPROVEMENTS WHEREAS, the City of St. Anthony desires_ to continue with the City's Pavement Management Program during 1994 with selected street construction improvements; and WHEREAS, Maier Stewart & Associates, Inc. has submitted a proposal to perform engineering services for said improvements. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves Maier Stewart & Associates to perform the engineering services for the City's 1994 street construction improvements. • Adopted this day of 1993. Mayor ATTEST: City Clerk Reviewed for administration: City Manager / aloi/—Maier CONSULTING ENGINEERS Stewart & Associates Inc. June 29, 1993 File No: 900-020-00 Mr. Larry Hamer Director of Public Works St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 RE: ENGINEERING SERVICES 1994 STREET CONSTRUCTION IMPROVEMENTS ST. ANTHONY VILLAGE Dear Mr. Hamer: Thank you for the opportunity to meet with you and submit a proposal for your 1994 construction improvement projects. We understand the 1994 construction program to be the following projects as based on your meeting with me and site review. As we understand the basis for selecting the streets is their deteriorated condition and the desire to complete improvements to that area of town • before moving onto the rest of the community. These projects also keep the construction costs at around $500,000 in size. Proposed Reconstruction Surface Tyne Length feet li 1. 32nd Avenue NE, from Rankin Road to Bituminous 1,280 Silver Lake Road 2. Hilldale Avenue NE, from Rankin Road to Bituminous 1.280 to Silver Lake Ruad Total Length (Reconstruction) 2,560 ft. T e Proposed Overlay Surface Length vn _ (feet) 1. Croft Drive, from 32nd Avenue NE to Bituminous 660 33rd Avenue NE 490-2901.jun 9800 SHELARD PARKWAY,SUITE 102,MINNEAPOLIS,MINNESOTA 55441 612-546-0432 1959 SLOAN PLACE,SUITE 200,ST.PAUL,MINNESOTA 55117 612-774-6021 • Equal Opportunity Employer Engineering Services • June 29, 1993 Page Two 2. Skycroft Drive, from 32nd Avenue NE Bituminous 660 33rd Avenue NE I 31st Avenue NE, from Rankin Road to Bituminous 1,280 Silver Lake Road 4. Rankin Road, from 32nd Avenue NE to Bituminous 680 33rd Avenue NE 5. 32nd Avenue NE, from Croft Drive Bituminous 660 Rankin Road Total Length (Overlay) 3,940 ft. The scope of work for these projects would be as follows: Reconstruction 1. Remove and replace curb and gutter. • 2. Remove and replace surfacing with seven-ton per axle bituminous streets, thirty-two feet wide from back of curb to back or curb. 3. Remove and replace storm sewer as necessary. 4. Replace water main. 5. New driveway aprons - cut driveways to match new grade. Match existing width and material. 6. No sanitary sewer replacement. City to televise. Repair on own. 7. Restoration and resigning as necessary. 8. No sidewalk is proposed. Overlay 1. Crack sealing and patching by City. 2. Repair curb and gutter as necessary. 3. Mill edge of bituminous both sides to match concrete gutter. 4. 1/ 1/2" bituminous overlay on all streets listed, twenty-six feet wide from face of gutter to face of gutter. The scope of engineering services for these projects is proposed as follows (costs are identified based on a total construction cost of$550,000.00 for reconstruction and overlay improvements for the work described above): 190-2901.jun Engineering Services June 29, 1993 Page Three Estimated Task Cost 1. Feasibility Studies Prepared $ 6,930.00 (Projects to be assessed per State Statute 429) 2. Public Information Hearings 2,310.00 3. Soil Testing Report 2,000.00 4. Prepare Contract Documents (Plans & Specs) 27,720.00 5. Receipt of Proposals 950.00 6. Assessment Roll Preparation 3,500.00 7. Contract Submittals 575.00 8. Progress Meetings 1,560.00 9. Final Acceptance 575.00 10. Record Drawings 950.00 11. Construction Staking 16,500.00 3 12. Full Time Resident Inspection $22.000.00 Not-To-Exceed Engineering Costs $85,570.00 It is assumed that no right-of-way or easement acquisition is needed for these improvements. If, during the course of the project, the scope of work changes the engineering costs would change and we would prvide a revised not-to-exceed cost in writing for city consideration. The schedule for the upcoming 1994 projects is broken down as follows: 490-2901.jun Engineering Services June 29, 1993 Page Four PROJECT SCHEDULE Action Date City Council Orders Feasibility Studies July 20, 1993 City Council Receives Feasibility Studies September 14, 1993 City Council Orders Preparation of Plans and Specifications September 14, 1993 Neighborhood Meetings Held for Reconstruction Projects Only November, 1993 City Council Approves Plans and Specifications and Authorizes December 14, 1993 Advertisement for Bids City Council Receives Bids February 8, 1994 Hold Public Improvement Hearing February 22, 1994 Hold Assessment Hearing February 22, 1994 (wait 30-day legal.appeal period) Award Construction Contract March 22, 1994 Begin Construction May, 1994 Complete Construction August, 1994 Please note that the schedule indicates that the bidding period for the improvements would be in January and February, 1994. The City may realize some cost savings by bidding this time of year, as opposed to bidding the project later in the year. As in the 1993 street project, we have proposed neighborhood meetings to get the residents involved early,in the process. Again, we are also proposing that the project be bid prior to a public improvement hearing on the project. This provides for hard costs not just estimates so people have a real sense of the true costs of the projects. Finally, we have shown the assessment hearing the same night as the public improvement hearing. This allows the City Council to determine the extent of objection to the project prior to the award of a construction contract. We would be plcased to preset this proposal Lo the City Council at your earliest convenience. Yours very truly, MAIER STEWART & ASSOCIATES, INC. Cvja-,�� Thomas J. Madigan, P.E. Vice President 490-2901.jun CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA July 27, 1993 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JULY 27, 1993 H.R.A. AGENDA. IV. APPROVAL OF JUNE 8, 1993 H.R.A. MINUTES. V. PRESENTATION OF CLAIMS. - A. Maier Stewart & Associates, Inc.: 1 . $87.42. = 2. $1,859.25. 3. $1,333.19. B. Norwest Bank: 1 . $200.00. = 2. $9,980.00. 3. $200.00. C. American Bank - $45,097.50. D. Dorsey & Whitney: 1 . $3,229.05. 2. $202.53. E. Lyle H. Nagell Co., Inc.: 1 . $1,500.00. 2. $1 ,000.00. F. Belair - $11,507.00. G. Norwest Investment Services,- Inc. - $25,932.00. H. Keys Water Producers: 1 . $3,141 .00. 2. $2,446.00. VI. HELLICKSON AGREEMENT. VII. ADJOURNMENT. CITY OF ST . ANTHONY 3 HOUSING AND REDEVELOPMENT AUTHORITY 4 5 JUNE 8 , 1993 6 7 8 9 1 . CALL TO ORDER 10 11 The Housing and Redevelopment Authority meeting was called to 12 order by Chairperson Ranallo at 8 : 40 p .m. 13 14 15 2 . ROLL CALL 16 17 Present : Chairperson Ranallo, Vice Chairperson Enrooth, 18 Secretary/Treasurer Marks and Commissioners Fleming and 19 Wagner . 20 21 Staff Present : Executive Director Burt and Management 22 Assistant Urbia 23 24 25 3 . APPROVAL OF JUNE 8 , 1993 H.R.A. MEETING AGENDA Motion by Marks , second by Wagner to approve the agenda for tho June 8 , 1993 H.R .A. Meeting as presented. 29 30 31 Motion carried unanimously 32 33 34 4 . APPROVAL OF APRIL 27 , 1993 H.R.A. MEETING MINUTES 35 36 Motion by Marks , second by Enrooth to approve the minutes of 37 the April 27 ,. 1993 H.R.A. Meeting as presented and there were 38 no corrections . 39 40 Motion carried unanimously 41 42 5 . 1993 H.R.A. AUDIT 43 44 Stuart Bonniwell prepared the St . Anthony 1993 Housing and 45 Redevelopment Authority audit . He reviewed some areas of the 46 audit . Mr. Bonniwell referred to the increase in increment 47 taxes . He explained this was due to nearly one half million 48 dollars paid by the Kenzie developer. 49 50 • i I H .R .A. MEETING 2 JUNE 8 , 1993 • 3 PAGE 2 4 5 6 Chairperson Ranallo advised that the unsold units in the 7 development , which are over eighty units , have gone back on 8 the market for sale. The sales will be handled by Burnett 9 Realty. He also noted that the taxes are paid on a minimum 10 assessment in the agreement because the development is located 11 in a Tax Increment Financing District . 12 13 Stuart Bonniwell assured members of the Authority there are no 14 control problems with the H.R.A. 15 16 Motion by Wagner , second by Marks to accept the H. R.A. audit 17 as presented by Stuart Bonniwel1 , Certified Public Accountant . 18 19 Motion carried unanimously 20 21 5 . CLAIMS 22 23 Motion by Marks , second by Enrooth to approve the following 24 claims : 25 26 A. Springsted Financial Advisors 27 28 Payment in the amount of $2 , 943 . 30 to Springsted Financial 29 Advisors for professional services rendered from December 31 , 30 1992 through March 30 , 1993 regarding the dental clinic TIF 31 Study.: 32 33 Payment in the amount of $429 . 65 to Springsted Financial 34 Advisors for professional services rendered from October 16, 35 1992 through April 9, 1993 for the Apache Plaza TIF Study. 36 37 B. Shat.zlein Associates 38 39 Payment in the amount of $1 , 200 . 00 to Shatzlein Associates for 40 consulting services provided regarding the administration of 41 the relocation program for two restaurants , the Good Luck Cafe 42 and Rosie' s Restaurant . 43 44 C. Dorsey & Whitney Law Firm 45 46 Payment in _the amount of $3 , 201 . 30 to Dorsey & Whitney Law 47 Firm for professional services rendered through April 30 , 1993 48 regarding the Rosie' s Restaurant and Good Luck Cafe 49 properties . 50 • • H . R .A. MEETING JUNE 8 , 1993 3 PAGE 3 4 5 6 Payment in the amount of $1 , 029 . 30 to Dorsey & Whitney Law 7 Firm for professional services rendered through April 30 , 1993 8 regarding HUD Home Apt Rehabilitation Program. 9 104 -.---Payment- in - the- amount of $2 , 814 . 80 to Dorsey & Whitney Law - - 11 Firm for professional services rendered through April 30 , 1993 12 regarding the Apache Plaza TIF Project . 13 14 Payment in the amount of $2 , 292 . 00 to Dorsey & Whitney Law 15 Firm for professional services rendered through March 31 , 1993 16 for Rosie ' s Restaurant and . the Good Luck Cafe. 17 18 Payment in the amount of $470 . 00 to Dorsey & Whitney Law Firm 19 for professional services rendered through March 31 , 1993 for 20 the Apache Plaza TIF Project . 21 22 Payment in ' the amount of $180 . 00 to Dorsey & Whitney Law Firm 23 for professional services rendered through March 31 , 1993 for 1. 4 attending the HRA meeting and to prepare a report for the �5 auditors . 6 D. Maier Stewart & Associates 29 Payment in the amount of $11 , 277 . 73 to Maier Stewart & 30 Associates for engineering services rendered March 28 through 31 April 24 , 1993 regarding the plans and specifications for the 32 27th Avenue and Coolidge Street relocations . 33 34 Payment in the amount of $74 . 09 to Maier Stewart '& Associates 35 for engineering services rendered March 28 through April 24 , 36 1993 regarding calculating road alignment and prepare easement 37 descriptions and exhibits for property owners for the 27th 38 Avenue and Coolidge Street relocations . 39 40 Payment in the amount of $222 . 10 to Maier Stewart & Associates 41 for engineering services rendered March 28 through April 24 , 42 1993 to the 27th Avenue and Coolidge Street relocation 43 platting which includes preliminary and final plat documents 44 per City ordinances . 45 46 Payment in the amount of $161 . 51 to Maier Stewart & Associates 47 for engineering services rendered January 31 through February 48 27 , 1993 to the 27th Avenue and Coolidge Street relocation 49 calculation of road alignments and preparation of easement 50 descriptions and exhibits for property owners . I H. R .A. , MEETING 2 JUNE 8 , 1993 • 3 PAGE 4 4 5 6 Payment in the amount of $176 . 12 to Maier Stewart & Associates 7 for engineering services rendered January 31 through February 8 27 , 1993 to the 27th Avenue and Coolidge Street relocation 9 platting which included preliminary and final plat documents 10 for City ordinances . 11 12 Motion carried unanimously 1 ' J 14 15 7 . SELECTION OF FIRM FOR CITY' S ARCHITECTURAL SERVICES 16 17 Motion. by Marks , second by Enrooth to appoint The Alliance as 18 the architectural firm for the City' s needs analysis . 19 20 21 Motion carried unanimously 22 23 24 8 . ADJOURNMENT 25 26 Motion by Marks , second by Wagner to adjourn the H.R.A. • 27 Meeting at 8 : 50 p.m. 28 29 30 Motion carried unanimously 31 32 33 34 Respectfully submitted, 35 36 37 Jo-Anne Student , H.R.A. Recording Secretary 38 39 40 41 42 43 44 45 46 47 48 49 50 • • Maier Stewart & Associates P.O. Box 1334 Center City, Minnesota 55012 Invoice number 10116 July 6, 1993 Page number 1 Project 490-012-53 27TH AVENUE & COOLDIGE STREET RELOCATION CALCULATE ROAD ALIGNMENT & PREPARE EASEMENT DESCRIPTIONS & EXHIBITS FOR PROPERTY OWNERS City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Senior Draftsperson Edward C. Youngquist Draft Final Plat 6-05-93 2.00 17.84 2.45 87.42 Staff Labor Expense: 2.00 87.42 Invoice Total: 87.42 • • Maier Stewart & Associates P.O. Box #334 Center City, Minnesota 55012 Invoice number 10115 July 6, 1993 Page number 1 Project 490-012-30 27TH & COOLIDGE STREET IMPROVEMENTS CONSTRUCTION ADMINISTRATION City of .St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 30 through June 26, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer • Thomas J. Madigan Construction Inspection 6-26-93 2.00 30.24 2.45 148.18 Registered Professional Engr. Virgil G. Hawkins Construction Administration 6-12-93 10.50 21.54 2 .45 554 .12 6-19-93 7.00 21.54 2.45 369.41 6-26-93 6. 00 21.54 2 .45 316.64 Project Supervision 6-05-93 7. 00 21.54 2 .45 369.41 Registered Land Surveyor Steven V. Ische Project Supervision 6-19-93 1. 50 20. 19 2.45 74.20 Clerical Barbara K. Shaw Clerical 6-05-93 . 50 12.48 2 .45 15.29 Staff Labor Expense: 34.50 1,847.25 I Invoice number 10115 • July 6, 1993 Page number 2 Project 490-012-30 27TH & COOLIDGE STREET IMPROVEMENTS ----------------------------------------------------------------------- Direct Expenses Amount --------------- ---------- COMPANY TRUCK 6-26-93 12.00 Direct Expenses Total: 12.00 Invoice Total: 1,859.25 • Maier Stewart & Associates , P.O. Box 1334 Center City, Minnesota 55012 Invoice number 9864 June 14 , 1993 Page number 1 Project 490-012-30 27TH & COOLIDGE STREET IMPROVEMENTS CONSTRUCTION ADMINISTRATION City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered April 25 through May 29, 1993 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer • Thomas J. Madigan Project Meeting 5-15-93 2.00 30. 24 2 .45 148. 18 Registered Professional Engr. Virgil G. Hawkins Report Preparation 5-22-93 .1.00 21. 54 2 .45 52.77 Construction Administration 5-22-93 7. 00 21.54 2. 45 369.41 Project Supervision 5-29-93 9. 00 21. 54 2.45 474.96 Permit Application 5-08-93 5. 00 21.54 2 . 45 263.87 . Staff Labor Expense: 24. 00 1,309. 19 Direct Expenses Amount --------------- ---------- PERSONAL TRUCK 5-08-93 10.50 5-22-93 10. 50 COMPANY TRUCK 5-15-93 3 .00 • Direct .Expenses Total: 24.00 Invoice number 9864 S June 14, 1993 Page number 2 Project 490-012-30 27TH & COOLIDGE STREET IMPROVEMENTS ---------------------=------------------------------------------------- Invoice Total: 1, 333 . 19 ----------- • • Norwest Bank Minnesota, N.A. Billing Statement II,r1I Norwest Center srBANKS SizthandMarquette Corporate .Trust Cperations WRENN an was Minneapolis, Minnesota 55479 5epusnrlar number 12 4 R i n n e a p o l i s Important.Include this number when remitting payment STAN635A607I Questions about :your Admin: CTO F—C6/2E/93-905 Eilling Statement Call: (612) 667—C945. Payeent notification or instructions for wiring funds CITY CF ST ANTHONY Call: (612) 657—C943. CITY CLERK TREASURER CITY HALL 3301 SILVER LAKE ROAD ST ANTHONY IN 55415 CITY ST ANTHONY PA CC TAX INC 'SER A 65-35 Paying Agent Fees . Oue Upon Receipt There is a minimum semi—annual fee of 1200.00 • Fee Sub Total------> 32CO.CO PLEASE FAY . THIS AMOUNT----------------> 12CO.GO *** Payable Upon Receipt *** Rev: .1025 Please return the PINK copy with your payment. Return yellow copy with remittance NC 62163 OPR(6.65 12" Arab,an Norwest Bank Minnesota, N.A. Billing Statement aaaaa Norwest Center s►BANKS Sixth and Marquette Corporate Trust C a e r a t i o n s aaaaa as Ivan Minneapolis, Minnesota 55479 Sepuenpal number i n n e a p o l i s Important: Include this number when remitting payment 1 98674 STAN685AE07I Questions about your Adain : CTC A-06122193-9C4 Billing Stateaent Catl: (612) 667-0945. Payment notification or instructions for wiring funds CITY CF ST ANTHONY Call: (612) 667-G943. CITY. CLERK TREASURER CITY HALL 3301 SILVER LAKE RCID ST ANTHONY M4 55418 WIRING INSTRUCTIONS: A:'A 91C0C-C1 ACCCUNT : 0.54C237 REFERENC2 NUy2'=& q 2265 ATTN : COFPORATE TP.UST CFE4ATICNS CITY ST ANTHONY MN E0 TAX T•NC SER A 6-25 Debt Service Payment Due C?/01/1993 Registered Interest s9'98(3.00 PLEASE :PAY- THIS AaOUNT----------------> 39r9PQ_00 *#* Payable Upon Receipt *** Rev: 1709 P lease return the PINK copy With - your payment. Return yellow copy with remittance NC 62169 OPR(&aS 1265) Norwest Bank Minnesota, N.A. Billing Statement MO WW BANKS Norwesr Center Corporate T r u s t C F e r a t i o n s AFAFRAFAI Sixth and Marquette soIVER Minneapolis, Minnesota 55479 Sequential nu9 912 3 P4 i n n e a p o l i s Important:Include this number when remitting payment STAN1285ESCT Questions about your Admin: CTO F—C,5/28/93-903 EiLting .Statement Ca LL: (612) 667-0945. Payment notification or instructions for wiring funds CITY OF ST ANTHONY Call: (512) 667—C943. CITY. CLEFK TREASUi%ES CITY HALL 33C1 SILVER LAKE RCAD ST ANTHCWY MN 55418 CITY ST AhTHOKY GO 'TAX INC 6 12-1-215 Paying ASent Fees Due Upon Receipt There is a minimum semi—annual fee of t2cc.00 • Fee Sub Totat------> $200.00 ------------------------------------------------------------------------- • PLEASE PAY*. THIS AMOUNT----------------->--_r__—$200.00 *** Payable Upon Receipt *** Rev: 1025 P.tease return the PINK copy- with your payment. Return yellow copy with remittance NC 62163 OPa(&a-&im) AMERICAN T - _'� CORPORATE TRUST DEPARTMENT �[v 612.298-6256 YA71DYLL BANK"D TRUr CDY^Y1 ,0-t P.7-67 S PAM M1610,I= 8100 ST ANTHONY MN 1991A 6/07/93 GO REFUNDING BONDS DATED 1-1-91 NOTICE OF PAYMENT DUE 08/01193 REGISTERED INTEREST 045,097.50 FUNDS ARE DUE ON 07/29/93 'LEASE RETURN A COPY OF THIS NOTICE WITH YOUR REMITTANCE ;-o " N pA YV�DS; �A ;09'60 00 2 FNr 1 CITY FINANCE DIRECTOR 3301 SILVER LAKE RD ST ANTHONY MN 55418 DORSEY & WHITNEY A I- I.IYU V.61 effluffl (Ti Rai Tlcff P.O. BOX 1680 • .MINNEAPOLIS. MINNESOTA 55480-1680 (612) 340-2600 (Tax IdeotMeattoo No. 41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 435927 Housing and Redevelopment Authority City of St. Anthony June 15, 1993 Attn: Mr. Thomas D. Burt Invoice No. 322156 3301 Silver Lake Road St. Anthony, MN 55416 For Legal Services Rendered Through 05/31/93 Matter: 1 Rosie's Restaurant & Good Luck Cafe Properties Telephone conference with W. Schatzlein and T. Burt regarding status; draft stipulation; draft relocation agreement; conference with C. Riley and telephone conference with T. Burt regarding Good Luck Cafe; meet with R. Bona, S. Bernt and T. Burt regarding proposed agreement; conference with C. Riley regarding stipulation; revise orders; telephone conference with T. Burt regarding "taking" of Bona access; revise order, order authorizing payment and stipulation regarding orders; telephone conference with L. Frankman regarding same;. conference with .D. Trevor regarding documents; review issues regarding quick take documentation; telephone conferences with Guaranty Title regarding premium bill; conference with T. Burt regarding exchanging money for signed deed; review proposed settlement and order as to parcel 1; research relocation regulations; memorandum to C. Riley; telephone conference with T. Burt regarding agreement reached with R. Bona (Unical); prepare agreement; revise order and stipulation; telephone conferences with L. Frankman and W. Schatzlein. regarding status of Good Luck Cafe condemnation; conference with C.- Riley regarding same; telephone conference with L. Frankman regarding documents; revise same; conferences with T. Burt and Guaranty Title regarding residential closings; WRS/615 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request. . Disbursements and service charges,which either have not been received or processed.will appear on a later statement. PAYMENT nflF UPON RFCFTPT DORSEY & NYHITNEY A I----Pwr.rc...owwr Cow.ow.nu•. P.O. BOX 1680 'vllN*\EAPOLIS, IN1NNESOT.A 55480-1680 • (612) 340-2600 (T.■ Identification No.41-0211737) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 435927 Housing and Redevelorment Authority City of St. Anthony June 15, 1993 Attn: Mr. Thomas Do Burt Invoice No. 322156 3301 Silver Lake Road St. Anthony, MN 55418 Page 2 telephone conference with To Burt; conference with C. Riley regarding orders and stipulation on Rosie's; review closing documents received for purchase of property from Jadinek; prepare seller's affidavits for both sales; conference with L. Frankman regarding execution of documents and delivery of checks; prepare agreement with R. Bona; telephone conference with To Burt and L. Frankman regarding status and scheduling; telephone conference with Judge Lynn's chambers regarding condemnation; prepare agreement with Unical regarding access, street vacation, additional land, restrictions, etc.; telephone conference with L. Frankman regarding scheduling; conference with C. Riley regarding order; telephone conference with L. Frankman regarding proof of release of DeLaittre lien; review file; memorandum to Do Trevor; organize closing documents; prepare correspondence to Guaranty Title enclosing documents; finalize draft of agreement with R. Bona; prepare correspondence and transmit to To Burt regarding same; Draft memorandum regarding DeLaittre judgment and release of attorney's lien; telephone conferences regarding same. Total For Services $3,150.75 Disbursements and Service Charges 05/05/93 Metro Legal Services - File and Obtain 13.00 Certified Copy-Ramsey County 4/19/93 Messengers 20.00 Fax Charges 22.50 Hennepin County Recorder 18.00 Reproduction Charges 4.80 Disbursements and Service Charges Total $78.30 Total This Statement $3,229.05 Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAVMFN,r-nur- i1PON RRCFiPT DORSEY & N1'HIT\EY r..r.r w.a.. i..unirn i•r..r r..,.,.., r.r..r.n,... P.O. BOX 16so MINNEAPOLIS. MINNESOTA 55480-16£0 (612) 340-2600 (T.. Ida.W,c.iioa No. 41.0233337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 Housing and Redevelopment .Authority City of St. Anthony June 15, 1993 Attn: Mr. Thomas D. Burt Invoice No. 322155 3301 Silver Lake Road Minneapolis, MN 55418 For Legal Services Rendered Through 05/31/93 Matter: 98 Apache Plaza TIF Project Telephone conference with T. Burt regarding request for documents by MacRallCrounse; Telephone conference with B. Thistle; review 1993 TIF amendments as to effective date. Total For Services $161.25 Disbursements and Service Charges Messengers 30.00 Postage Charges 2.88 Reproduction Charges 8.40 Disbursements and Service Charges Total $41.28 Total This Statement $202.53 WRS/615 Service charges are based on rates established by Dorsey& %Vhitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been recei%•ed or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT Z*44) W:W 357 4 LYLE H. NAGELL CO., Inc. 7515 WAYZATA BOULEVARD, SUITE 115 MINNEAPOLIS, MINNESOTA 55426 Telephone: 544-8966 FAX 544-8969 TAX ID NUMBER 41-094-1600 Dorsey and Whitney June 16, 1993 220 South 6th Street Minneapolis, MT 55403 Attn: David Trevor Appraisal Review/Update: 2905 Kenzie Terrace, St. Anthony, MN $1,500.00 (Rosies Restaurant) PLEASE. - - RETURN ONE COPY OF INVOICE WITH PAYMENT, OR NOTE INVOICE NUMBER ON YOUR CHECK (0043) I%FW LYLE H. NAGELL CO., Inc. 3575 7515 WAYZATA BOULEVARD, SUITE 115 MINNEAPOLIS, MINNESOTA 55426 Telephone: 544-8966 FAX 544-8969 TAX ID NUMBER 41-094-1600 Dorsey and Whitney June 16, 1993 220 South 6th Street Minneapolis, MN 55403 Attn: David Trevor Appraisal Review/Update: 2600 Coolidge Street NE, Minneapolis, MV $1,000.00 (The Good Luck Cafe) PLEASE - - RETURN ONE COPY OF INVOICE WITH PAYMENT, OR NOTE INVOICE NUMBER ON YOUR CHECK U B E L A I R INVOICE 2200 OLD HIGHWAY 8 NEW BRIGHTON, MN 55112 • (612)786-1300 FAX(612)786-0769 INVOICE NO: 13008 INVOICE DATE: 07/19/93 SOLD CITY OF ST.' ANTHONY NET DUE: 15 DAYS TO: 3301 SILVER LAKE ROAD ST. ANTHONY MN 55418 ROSIES/GOOD LUCK CAFE P .O . 3209 ST. ANTHONY VILLAGE DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Job : 1280 Item: CONTRACT AMOUNT 100% OF CONTRACT EARTHWORK 1 . 000 11507 .00 11507 .00 Subtotal — 11507..00 Total Taxes 0 .00 Retainage to be billed 0.00 Payments to date — 0 .00 *" TOTAL DUE —) 11507 .00 MEMORANDUM DATE: July 20, 1993 TO: Thomas D. Burt, City Manager FROM: Roger Larson, Finance Director ITEM: TAX INCREMENT/EVERGREEN TOWNHOMES In September of 1989, the St. Anthony Housing and Redevelopment Authority and the developer entered into an agreement to develop an area of the City now known as Evergreen Townhomes. Soil correction was to be financed by the TIF at a cost of$267,000. Pursuant to the agreement, any year in which the tax increment should exceed the amount necessary to pay the costs authorized by the TIF, the H.R.A. shall (commencing 1/1/93)use the excess amount to pay for the cost of the soil correction. Upon completion of the 1992 audit, the TIF District's excess increment totals $28,814 and • appears payable per the agreement. I checked with Jerry Gilligan from Dorsey & Whitney.and he confirmed the terms of the agreement. Upon his review, Mr. Gilligan has advised the language in the contract and Minnesota Statue allows for payment, less any administrative costs incurred by the H.R.A. His recommendation is a set percentage of 10% of the present TIF's balance and 10% of revenues received for all years thereafter. Recommendation Council approve payment to Norwest Investment Services, Inc. in the amount $25,932.60 ($28,814 less $2,881.40 for administrative expenses). It should be noted this process will be an annual occurrence until such time the debt is retired. • IM/ESTMENT Invoice "� 'SERVICES Norwest Center 13th Floor Sixth and Marquette Minneapolis, Minnesota 55479-0130 Attn: Lease Accounting 612-667-7356 St. Anthony Housing and Redevelopment Authority 3301 Silver Lake Road j St. Anthony, MN 55418 RE: Tax_Increment Note/Evergreen Townhomes CONTRACT DESCRIPTION CONTRACT PAYMENT SALES/USE TAX LATE CHARGES TOTAL DUE NUMBER Interest Due, to May 17, 1993: 1091-001 Draw #1 ($173,550.00) 2-21-89 (1,226 ays) $59,694.45 0191-002 Draw #2 ($ 93,450.00) 8-29-90 ( 978 days) $25,641.12 i i i i IF THERE IS A CHANGE IN INVOICING ADDRESS OR EQUIP- MENT LOCATION PLEASE COMPLETE REVERSE SIDE l TOTALDUE 01$85,335.57 • Telephones: (612)646-7671 413 North Lexington Parkway Fax: (612)641-0216 LNVOICE Saint Paul,Minnesota 55104 WATER PRODUCERS F CITY OF ST ANTHONY 3301 SILVER LAKE ROAD ST ANTHONY MN 55418 TERMS: NET 10 DAYS LJ Prevailing Interest rates mill be charped.an all over-due accounts. ATF, INVOICE NO. CUSTOMER ORDER NO. LOCATION OF WORK July 2, 1993 93100 Verbal-Larry Rosie's Cafe Set up/Well access $ 500 00 Removal of Pump 3 hrs. @ $125.00/hr. 375 00 Perforation of Casing 1,1+00 00 Grout and Cap Well 350 00 Grout Sack Charge 43 bags @ $ 12.00/bag 516 00 AMOUNT DUE THIS INVOICE.. . . . . . . .. .$3 141 00 Abandonment report released upon receipt of payment in full. Telephones: (612)646-7871 413 North Lexington Parkway Fax: (612)641-0216 IN OICE Saint Paul,Minnesota 55104 WATER PRODUCERS CITY OF ST ANTHONY 3301 SILVER LUM ROAD ST ANTHONY MN 55418 TERMS: NET 10 DAYS LJ Prevailing interest rotes rsiil be charged on all overdue accounts. ATF, INVOICE NO. CUSTOMER ORDER NO. LOCATION OF WORK June 30, 1993 9387 Verbal-Larry Good Luck Cafe Set up/Well access $500 00 Cleaning/Drilling out well 6 hrs. @ $140.00jhr. 840 00 Grout and Cap Well 350 00 Grout Sack Charge 63 bags @ $ 12.00fbag 756 00 AMOUNT DUE THIS INVOICE. . . . . .. .. . . . . . . . . . . . . ... .$2 446 00 HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY CAPITAL PROJECT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE- BY PROJECT FOR THE YEARS ENDED DECEMBER 31 , 1992 AND 1991 ,: Kenzie Kenzie Chandler Economic Housing Place Revenues General Property Taxes Increment Taxes $207,007 _ Other Revenue Interest Escrow Forfeiture and Other Total Revenues 207,007 Expenditures Contracted Services Payments to Escrow Agent 8,986 Project Subsidy Payments $100,000 Administrative and Other Costs 4,910 139 Total Expenditures ---104,910 9,125 Excess (Deficiency) of Revenues Over Expenditures - (104,910) 197,882 Fund Balance (Deficit) Beginning of Year 238,781 589,229 45,998 Residual Equity Transfers Fund Balance End of Year $238,781 $484,319 $243,880 WN -18- _ r JUL ..`.. ;.Q— OS:12AM P. 1 L)EVELUF'MEIq,T ACT I V 11' I ES 1 . FUr &te Redevelopment Act ivi tv • All private redevelopment proposed for the Peo,iect of which the HFA and City are aware are about :7 townhon,es and their accessory land uses. The City is not awar•a of any contracts having been entered into at the time of the pr•epar•ation of this TIF Plan with respect to any other, development proposals. 2 Public Development Activities It is not anticipated that any public development activities will occur within this District which will be financed by TIF. Soil Correction to be financed by TIF will be completed by the redeveloper•. Upon completion of the Soil Correction by the redeveloper, the 11RA will reimburse the redeveloper for up to $267,000 of Lhe costs of the soil correction work from proceeds of its tax increment revenue note (the "Noce"). The Note will bear interest at 12% per annum and will mature on September 1 , 2001 . Principal on the Noce will be payable when and if tax increment is available. E. FINANCIAL ANALYSIS AND THE TIF DISTRICT BUDGET: Soil Correction $ 267,000 Administrative Costs 25,000 TOTAL COST $ 292,000 10 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 (the HRA), hereby attest and certify that: 1. As such officer, I am the recording officer of the HRA and have the legal custody of the original record from which the attached resolution was transcribed. 2. 1 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: HRA RESOLUTION NO. 19 9 3-0 0 3 Resolution Relating to Redevelopment Plan for Redevelopment Project Area No. 3 - Ramsey County; • Approving Execution of Redevelopment Contract with R.A. Hellickson and Issuance of Limited Revenue Taxable Tax Increment Bond 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 , 1993. Thomas Burt, Executive Director • Commissioner introduced the following resolution and moved its adoption: RESOLUTION RELATING TO REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 3 - RAMSEY COUNTY; APPROVING EXECUTION OF REDEVELOPMENT CONTRACT WITH R.A. HELLICKSON AND ISSUANCE OF LIMITED REVENUE TAXABLE TAX INCREMENT BOND BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: Section 1. Recitals. 1.01. Redevelolment Plan and Redevelopment Project. This Board and the City Council of the City of St. Anthony, Minnesota (the "City") have previously approved a redevelopment plan and redevelopment project of the HRA under Minnesota Statutes, Sections 469.001 to 469.047, and a tax increment financing plan of the HRA, under Minnesota Statutes, Section 469.174 to 469.179, designated as Redevelopment Plan-for Redevelopment Project No. 3 - Ramsey County (the • "Redevelopment Plan"), Redevelopment Project No. 3 - Ramsey County (the "Redevelopment Project") and Tax Increment Financing Plan for Tax Increment Financing District No. 4 - Ramsey County (the "Tax Increment Financing Plan"). The Tax Increment Financing Plan established Tax Increment Financing District No. 4 - Ramsey County (the "District"). 1.02. Expenditure of Tax Increment Revenue. The Redevelopment Project constitutes a "project" and the District constitutes a "tax increment financing district" within the meaning of Minnesota Statutes, Sections 469.174 to 469.179, and thus the HRA has authority under said Sections 469.174 to 469.179 to expend ad valorem tax increments derived from the District to pay costs incurred or to be incurred by the City and the HRA in aid'of the Redevelopment Project, or to pay the principal of and interest on bonds, notes or other obligations of the HRA or City issued to finance such costs, in accordance with the Redevelopment Plan. 1.03. ComRutation of Tax Increment. The County Auditor of Ramsey County upon application of the HRA has or will certify to the HRA, the Original Tax Capacity of all taxable property in the District (the "Original Tax Capacity"), and is to certify to the HRA in each year the then current Tax Capacity of all taxable property in the District (the "Current Tax Capacity"). The Current Tax Capacity, less the Original Tax Capacity, is the Captured Tax Capacity. The ad valorem taxes derived from the property in the District in each year, by application of the aggregate tax • capacity levied by all governmental entities having authority to levy taxes on such property to the Captured Tax Capacity, is the Tax Increment to be derived from the District (the "Tax Increment"). • 1.04. Redevelopment Agreement and Bond. It has been proposed that the HRA enter into a Redevelopment Agreement (the "Redevelopment Agreement"), between R.A. Hellickson, a Minnesota resident (the "Developer"), the form of which has been presented to this Board and is ordered placed on file in the office of the Executive Director. Under the Redevelopment Agreement, the Developer agrees to construct a.professional building with an approximately 8,300 square foot main level and an approximately 7,100 basement level, together with other related site improvements (the "Project") on property,included in the Redevelopment Project area. The Redevelopment Agreement provides that to reimburse the Developer for a portion of the costs of the Project the HRA will issue to the Developer the Limited Revenue Taxable Tax Increment Bond of the HRA in the original principal amount of $130,000 bearing interest at 9% per annum and in substantially the form attached to the Redevelopment Agreement (the "Bond"). The Bond will be payable solely out of Tax Increment. Section 2. Authorization and Approvals. 2.01., Approval of Redevelopment Agreement and Bond. The form and terms of the Redevelopment Agreement and the Bond are hereby approved, and the execution and delivery by the HRA of the Redevelopment Agreement and execution, delivery and issuance of the Bond by the HRA as provided in the • Redevelopment Agreement are hereby authorized. The terms of the Bond shall be as set forth in the Bond. The Chairman and Secretary are hereby authorized and directed to execute and deliver the Redevelopment Agreement and the Bond on behalf of the I i .A in substantially the form presented hereto with such changes and modifications as may be approved by the officers executing the Redevelopment Agreement and the Bond. The execution and delivery of the Redevelopment Agreement and the Bond by the Chairperson and Secretary shall-be conclusive evidence of the approval of any changes and modifications to the Redevelopment Agreement and the Bond by such officers. 2.02. Pledge of Tax Increment. The portion of the Tax Increment which constitutes "Available Tax Increment," as defined in the Bond, is hereby pledged to pay the principal of and interest on the Bond as provided in the Bond. 2.03. No Representations or Warranties. The HRA does not in any manner represent or warrant that the Tax Increment will be sufficient to pay the principal of and interest on the Bond when due. -2- • i ". U L U H Lill CK 01N_ A _jD ff .ON ,—CENTER OF SECTION 31 T T. 30 R. 23 /" R.C.M. (C.I.M.) ` S C A L E : ! MC C H = 30 FEET l hereby certify that I have surveyed and platted the property described on this plat as HELLICKSON ADDITION; that this plat is a correct representation of the 1 I o 30 60 • DENOTES MONUMENT FOUND AND MARKED BY survey; that all distances are correctly shown on the plat in feet and hundredths LICENSE N0. ( 1/2 INCH IRON PIPE ), of a foot; that all monuments have been correctly placed in the ground as shown;. SCALE IN FEET u NLESS OTHERWISE SHowN. that the outside boundary lines are correctly designated on the plat; and there are FOR PURPOSES OF THIS PLAT , THE EAST LINE O DENOTES 1/2 INCH BY 14 INCH IRON MONUMENT no wet lands as defined in Minnesota Statutes, Section 505.02, Subd. 1, or public © OF LOT 1 , BLOCK 1 , HOL IEN FIRST ADDITION SET AND MARKED LICENSE NO._ 17551 highways to be designated other than as shown on this plat. IS ASSUMED TO HAVE A BEARING OF NORTH. M David E. Torgersen, Land Surveyor KNOW ALL MEN BY THESE PRESENTS: That Raymond A. Hellickson and Minnesota License No. 17551 0 oKatherine M. Hellickson, husband and wife, owners and Belair Builders, Inc., a _ Minnesota corporation, mortgagee of the following described property situated in STATE OF MINNESOTA the City of St. Anthony, County of Ramsey, State of Minnesota: COUNTY OF RAMSEY 7 n ,.i l 4 i � ► v Lot I, Block I, HOLIEN'S FIRST ADDITION. The foregoing Surveyor's Certificate was acknowledged before me this 43 day of 119 , by David E. Torgersen, a Licensed Land And I k , Surveyor. - 1N 89 - N 89° 41 ' 53" E 153.76 - " 33.00 --_ -- - _ - 1000 143. 76 - Lot 11, Block 1, PENROD ADDITION, Ramsey County, Minnesota 33 I except the east 12.00 feet thereof. Notary Public, Ramsey County, Minnesota ° My Commission Expires October 12, 1994 Q Have caused the same to be surveyed and platted as HELLICKSON ADDITION, 0 - and do hereby dedicate to the public for public use forever the road as shown on a - ° this plat. � o City of St. Anthony W W �.�. -Y z a to witness whereof said Raymond A. Hellickson and Katherine M. Hellickson, We do hereby certify that on the day of , 19 , co NT J husband and wife, have hereunto set their hands this day of w Q !T w ( 0 ' w the City Council of the City of St. Anthony, Minnesota, approved this plat. All i O I- ^ Omonuments will be set as specifiedby the City Council and as state on this plat,co w a o ; o according to Minnesota Statutes, Section 505.02, Subd. 1. z wo L_-- O EAST 12 FT Z O � Raymond A. Hellickson Katherine M. Hellickson o W z > Mayor City Manager In witness whereof said Belair Builders, Inc., a Minnesota corporation, has o M _l- T N 89°41'34" E caused these presents to be signed by its proper officers this day of I c . ; 33 - 32.24- . , 19 Taxes payable in the year 19 on the land herein described have been paid, Z43 6 L OC K also there are no delinquent taxes and transfer entered this day of ; � Signed: Belair Builders, Inc. op. N, its Director LO T c� ' ' Department of Property Taxation to STATE OF MINNESOTA By Deputy -- w • . _ ° COUNTY OF o z W 3' The foregoing instrument was acknowledge before me this day of ° ? '-= ' 19 by Raymond A. Hellickson and by Katherine o Y Pursuant to Minnesota Statutes, Section 383A.42, this plat has been examined Z M. Hellickson, husband and wife. and is approved this day of ' 19 and the a1 u' conditions of Minnesota Statutes, Section 505.03, Subdivision 2, have been fulfilled. 43 Notary Ptihlic, _ County, Minnesota My coillirtlaolo,ri 43.00 - - N 89°4044"E 176 .01 ,N 89° 40'44" E David D. Claypool, R.L.S. M _ M Ramsey County Surveyor r -- � 11 i (, I I M , -� I\ I .I Tn'rr 01- MINNI�S(7rn 1 _. _ I L _ . Count Recorder, Count of Ramsey, State of Minnesota . Gt�tJN1 Y rJC� Y Y Y� hereby certify that this plat of HELLICKSON ADDITION was filed in.the office of ,°n° Tha fs_iregotiig inshinnen( was acknowledged before ilia this ... day of the County Recorder for public record on this day of 0 10 b , 19 , at o'clock M. and was duly filed in of Belair Hi,ildeis Book of Plats Pae , as Document Number , IIIc. a Miritiesofa � 9 collis►ralioii, oil halialf of file corporation. 1 C 8 � I A R t•fr►fary piihiit., _._.. 61milly, Minnessila Lou McKenna, County Recorder - (. My lQiiiiiii&&it.iii Fill)iie BY..:.. ._.. hi' 3 . ,; , Deputy fr' \—SOUTH 1/4 COR. OF SEC. 31, T. 30, R. 23 E Land R. C. M. (C. I. M. Y purveyors �� x TORGERSEN, INC 1 Section 3. County Auditor Registration and Certification of Proceedings. 3.01. County Auditor Registration. The Executive Director is hereby authorized and directed to file a certified copy of this resolution with the County Auditors of Hennepin and Ramsey Counties, together with such other information as the County Auditors shall require, and to obtain from each County Auditor a certificate that the Bond has been entered on his bond register as required by law. - 3.02. Certification of Proceedings. The officers of the HRA and the County Auditors of Hennepin and Ramsey Counties are hereby authorized and directed to prepare and furnish to the purchaser of the Bond and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the HRA, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bond as to the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the HRA as to the facts recited therein. Chairman Attest: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner , and upon vote thereof being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Chairman, whose signature was attested by the Secretary. • -3 DRAFT REDEVELOPMENT AGREEMENT REDEVELOPMENT PROJECT NO. 3 (3901 SILVER LAKE ROAD) HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA • AND R.A. HELLICKSON July 27, 1993 • TABLE OF CONTENTS Section 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section2.1 By HRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 2.2 By Redeveloper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section3.1 Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3.2 Declaration of Restrictions . . Section 4.1 Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4.2 Construction of Minimum Improvements . . . . . . . . . . . . . . . ... . . Section 4.3 Certificate of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5.1 Defense of Claims . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . Section 5.2 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 6.1 Issuance of Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 7.1 Transfer of Property and Assignment . . . . . . . . . . . . . . . . . . . . . . . . Section 7.2 Termination of Limitations on Transfer . . . . . . . . . . . . . . . . . . . . . . Section 8.1 Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.2 Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 8.3 No Remedy Exclusive . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . Section 8.4 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 9.1 Conflict of Interests; HRA Representatives Not Individually Liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 9.2 Equal Employment Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 9.3 Restrictions on Use ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -i- Section 9.4 Titles of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 9.5 Notices and Demands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 9.6 Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 9.7 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule A Redevelopment Property Schedule B Project Description Schedule C Time Table Schedule D Portion of Project the Costs of Which are Eligible for Reimbursement from Bond Exhibit A Certificate of Completion Exhibit B Covenants and Restrictions Exhibit C Form of Bond -ii- • REDEVELOPMENT CONTRACT This Agreement is made as of July 27, 1993, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic (the "HRA"), and R.A. HELLICKSON, a Minnesota resident ("Redeveloper"). WITNESSETH: WHEREAS, the HRA was created pursuant to state law now codified as Minnesota Statutes, Sections 469.001 through 469.047 (the "Act") and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of St. Anthony (the "City") adopted on July 14, 1981; and WHEREAS, in furtherance of the objectives of the Act, the HRA has undertaken a program for the clearance and redevelopment of blighted, vacant and unused areas of the City and in this connection is engaged in carrying out a redevelopment project as defined in Minnesota Statutes, Section 469.002, Subdivision 12, known as Redevelopment Project No. 3 (the 'Redevelopment Project") in the area in the City encompassing the Apache Plaza Shopping Center located at 37th Avenue North and Silver Lake Road and certain adjacent property (the "Project Area"); and WHEREAS, as of the date of this Agreement there has been prepared and approved by the HRA and the City Council pursuant to the Act a redevelopment plan for the Redevelopment Project, dated August 25, 1992, as amended by art amendment thereto dated March 23, 1993 (as so amended, the "Redevelopment Plan"); and WHEREAS, on March 23, 1993 the City Council adopted a resolution establishing a portion of the Project Area as a tax increment financing district; and WHEREAS, the major objectives of the Redevelopment Plan are to: promote and secure the prompt renovation of the property in the Project Area; promote and secure additional employment opportunities for residents of the City and surrounding area; correct storm water run-off problems from property in the Project Area; and halt the decline and secure increase in the value of taxable property in the Project Area; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan, the HRA intends to provide aid and assistance to the Redeveloper through tax increment financing, as described in Minnesota Statutes, Sections 469.174 through 469.179 to finance the cost of the acquisition by the Redeveloper of property located in the Project Area at 3901 Silver Lake Road, on which the Redeveloper will construct a professional building; and WHEREAS, the HRA and the City believe that redevelopment of a portion of the Project Area pursuant to this Agreement is in the best interests of the City and benefits the health, safety, morals and welfare of its residents, and complies with the applicable state and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.001 through 469.047. "Agreement" means this .Agreement, as the same may be from time to time modified, amended or supplemented. "Bond Resolution" means the resolution or resolutions adopted by the Board of Commissioners of the HRA authorizing the issuance and setting forth the terms and security for the Bond. "Bond" means :he Limited Revenue Taxable Tax Increment Bond in substantially the form of Exhibit C hereto to be issued by the HRA pursuant to the Bond Resolution and to be delivered by the HRA to the Redeveloper as provided in Section 6.1 hereof. "Certificate of Completion" means a certification in the form attached as Exhibit A, to be provided to Redeveloper pursuant to this Agreement. "City" means the City of St. Anthony, Minnesota, a Minnesota municipal corporation. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property as a part of the Project, which (a) shall be at least as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for -2- each floor; (5) elevations on all sides; (6) landscape plan; (7) grading plan; and (8) utility plan. "Event of Default" means as set forth in Section 9.01 hereof. "HRA" means the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate and politic under the laws of the State of Minnesota. "Improvements" means the buildings or other improvements located on the Redevelopment Property. "Mortgage" means any mortgage made by Redeveloper which covers, in whole or in- part, the Redevelopment Property. "Mortgagee" means the owner or holder of a Mortgage. "Net Proceeds" means any proceeds paid by an insurer to Redeveloper and the HRA under a policy or policies of insurance required under Article 5 and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. "Project" means the acquisition and clearing of the Redevelopment Property and the construction thereon of a professional building with an approximately 8,300 square foot main level and an approximately 7,100 square foot basement level with partial window exposure, and the construction of site improvements and other improvements of a public nature, all as further described in Schedule B attached to this Agreement. "Project Area" means the area designated for redevelopment by the HRA pursuant to the Redevelopment Plan and the Act. "Plans" means Redeveloper's plans dated , 1993 for the Project as submitted to the BRA, with any subsequent amendments-approved by the HRA. "Redeveloper" means R.A. Hellickson, a Minnesota resident. "Redevelopment Plan" means the Redevelopment Plan approved by the City on August 25, 1992, as amended by an amendment thereto dated March 23, 1993. "Redevelopment Property" means the portion of the Project Area described on Schedule A attached hereto. -3- F "Restrictions" means the easements, covenants, conditions and restrictions set forth in Exhibit B. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. "State" means the State of Minnesota. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "Tax Increment District" means Tax Increment District No. 4-Ramsey County created by the HRA pursuant to the Tax Increment Financing Plan. "Tax Increment Financing Plan" means Tax Increment Financing Plan for Tax Increment Financing District No. 4-Ramsey County approved by the HRA and the City Council and dated March 23, 1993. Time Table" means the schedule of performance dates for certain actions by Redeveloper under this Agreement, attached hereto as Schedule C and made a part hereof. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within 10 days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within 10 days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 ReRresentations and Warranties Section 2.1. By HRA. HRA makes the following representations to Redeveloper: -4- (a) HRA is a housing and redevelopment authority duly organized • and existing under the laws of Minnesota. Under the provisions of the Act, HRA has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Redevelopment Project is a "redevelopment project" within the meaning of the Act and was created, adopted and approved in accordance with the terms of the Act. (c) The Tax Increment District is a "tax increment district" within the meaning of the Tax Increment Act and was created, adopted and approved in accordance with the terms of the Tax_Increment Act. (d) The costs related to the portion of the Project described in Schedule D hereto constitute public redevelopment costs as defined in Minnesota Statutes, Section 469.033, which are permitted to be paid from Tax Increment, pursuant to Minnesota Statutes, Section 469.176. The HRA proposes to financially assist Redeveloper by reimbursing all or a portion of such costs paid by the Redeveloper from payments to be made on the Bonds. Section 2.2. By Redeveloper. Redeveloper represents and warrants that: (a) Redeveloper is a Minnesota resident under no legal disability and has power to enter into this Agreement. (b) Redeveloper will, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement, the Redevelopment Plan, the Act, and all local, state and federal laws and regulations. (c) Redeveloper has received no notice or communication from any local, state or federal official that the activities of Redeveloper, the City or HRA with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. Redeveloper is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Redevelopment Property. (d) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a.breach of, any restriction, agreement or instrument to which Redeveloper is now a party or by which he is bound. (e) The Redeveloper (i). is not in default in the payment of the principal of or interest on any indebtedness for borrowed money; or (ii) is not in w -S- default under any instrument or agreement under and subject to which any indebtedness for borrowed money has been issued. • (f) The Redeveloper would not undertake the Project but for the tax increment financing assistance being provided by the HRA hereunder. (g) No member of the governing body of the City or HRA or any other officer of the City and HRA has any direct or indirect financial interest in the Redeveloper, the Redevelopment Property or the Project. ARTICLE 3 Use of Redevelopment Property; Restrictions Section 3.1 Use. .Redeveloper's use of the Redevelopment Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by the Redevelopment Plan, this Agreement, the Restrictions and all applicable laws, ordinances and regulations. Section 3.2 Declaration of Restrictions. Redeveloper shall prepare, execute, and record on the title to the Redevelopment Property a Declaration of Covenants and Restrictions, in form approved by the HRA, which includes the Restrictions set forth on Exhibit B, and shall cause each existing Mortgagee to execute an appropriate instrument in form satisfactory to the HRA consenting to and agreeing to be bound by the Restrictions in the event it becomes a record owner of all or a part of the Redevelopment Property. If the Redeveloper is married, the Restrictions shall be joined in by the Redeveloper's spouse. . ARTICLE 4 Completion of Project Section 4.1 Construction Plans. Redeveloper shall submit Construction Plans to the HRA according to the Time Table. The Construction Plans shall provide for construction of the portion of the Project consisting of construction in conformity with the Redevelopment Plan, the Plans, this Agreement, and all applicable state and local laws and regulations. The HRA shall approve the Construction Plans in writing if no Event of Default has occurred and, in the reasonable discretion of the HRA, the Construction Plans: (a) substantially conform to the Plans and subsequent amendments approved by the HRA; (b) conform to the terms and conditions of this Agreement; (c) conform to the terms and conditions of the Redevelopment Plan; (d) conform to all applicable federal, state and local laws, ordinances, rules and regulations; (e) are adequate to provide -6- for construction of the portion of the Project consisting of construction; and (f) provide for minimum disturbance to neighboring properties during construction. No approval by the HRA shall relieve Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to properly demolish the existing buildings or construct the Minimum Improvements. No approval by the HRA shall constitute a waiver of an Event of Default. Any disapproval of the Construction Plans shall set forth the reasons therefor, and shall be made within 30 days after the date of their receipt by the HRA. If HRA rejects the Construction Plans, in whole or in part, Redeveloper shall submit new or corrected Construction Plans within 30 days after written notification to Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by HRA. Section 4.2 Undertaking of Project. (a) Subject to Unavoidable Delays, Redeveloper will complete the Project all in accordance with the Plans, the Construction Plans and the Time Table. (b) All work with respect to the portion of the Project consisting of construction shall be in substantial conformity with the Construction Plans approved by the HRA. Redeveloper shall promptly begin the Project and diligently prosecute the Project to completion. Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the HRA, as to the actual progress of Redeveloper with respect to the Project. (c) Redeveloper shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. Except for public improvements which are assessable by the City or other governmental body against other benefitted properties, all street and utility installations, relocations, alterations and restorations shall be at Redeveloper's expense and without expense to the City or the HRA. Redeveloper at its own expense shall replace any public facilities or utilities damaged during the Project. Section 4.3 Certificate of Completion. (a) Promptly after completion of the Project in accordance with this Agreement, Redeveloper will provide the HRA with a certificate of substantial completion from Redeveloper's architect and the certificate of Redeveloper required by Section 6.1 hereof, and the HRA will furnish Redeveloper with an appropriate -7- Certificate of Completion as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of Redeveloper to complete the Project. The furnishing by the HRA of the Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Redeveloper to any Mortgagee. (b) If the HRA shall refuse or fail to provide the Certificate of Completion, the HRA shall, within 15 days after the Redeveloper provides the architect's certificate referenced in Section 4.3(a), provide Redeveloper with a written statement specifying in what respects Redeveloper has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the HRA, for Redeveloper to obtain the Certificate of Completion. ARTICLE 5 Defense of Claims; Insurance; Condemnation Section 5.1 Defense of Claims. Redeveloper shall indemnify and hold harmless the HRA and the City and their respective officers, employees and agents for any loss, damages and expenses (including attorneys' fees) in connection with any claims or proceedings arising from damages or injuries received or sustained by any person or property by reason of any actions or omissions of Redeveloper or its contractors, agents, officers or employees or arising out of or relating to this i Agreement or the transactions contemplated by this Agreement, other than claims or proceedings arising from any negligent or unlawful acts or omissions of the HRA, the City or their contractors, agents, officers or employees. Promptly after receipt by the HRA or City of notice of the commencement of any action in respect of which indemnity may be sought against the Redeveloper under this Section 5.1, such person will notify the Redeveloper in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Redeveloper shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the'HRA or City, as the case may be, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Redeveloper. The HRA or the City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Redeveloper unless the employment of such counsel has been specifically authorized by the Redeveloper. The Redeveloper shall not be liable to indemnify any person for any settlement of any such action effected without its consent. The omission to notify the Redeveloper as herein provided will not relieve it from any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. -8- Section 5.2 Insurance. (a) The 'Redeveloper shall keep and maintain the Redevelopment Property and Improvements at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Improvements, and the Redeveloper shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: (1) fire (2) extended coverage perils (3) vandalism and malicious mischief (4) boiler explosion (but only if steam boilers are present) (5) water damage (6) debris-removal (7) collapse on a replacement cost basis in an amount equivalent to the full insurable value thereof. ("Full insurable value" shall include the actual replacement cost of the Improvements (exclusive of foundations and footings) without deduction for architectural, engineering, legal or administrative fees or for depreciation.) Insurance in effect with respect to any portion of the Improvements to be renovated • or remodeled as a.part of the Project prior to the issuance by the HRA of a Completion Certificate under Section 4.3 hereof with respect thereto shall be maintained on an "all-risk" builder's risk basis during the course of construction. The policies required by this Section 5.2 shall be subject to a no coinsurance clause contain an_agreed amount clause, and may contain a deductibility provision not exceeding $25,000. (b) Policies of insurance required by this Section 4.3 shall assure and be payable to the Redeveloper, and shall provide for release of insurance proceeds to the Redeveloper for restoration of loss. The HRA shall be furnished certificates showing the existence of such insurance. In case of loss, the Redeveloper is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. The Redeveloper shall annually file with the HRA a schedule describing all such policies in force, including the types of insurance, names of insurers, policy numbers, effective dates, terms of duration or any other information the HRA deems pertinent. Such list shall be accompanied by a certificate executed by the Redeveloper stating that, to the best of the knowledge of the Redeveloper, insurance on the Improvements then in force complies with this Section 4.3. ARTICLE 6 Issuance of Bond Section 6.1 Issuance of Bond. In order to reimburse the Redeveloper for all or a portion of the costs paid by the Redeveloper as to that portion of the Project identified on Schedule E hereto, the HRA agrees to issue the Bond to the Redeveloper. The Bond shall be originally issued in the principal amount of $130,000, and interest on the Bond shall accrue from the date of issuance by the HRA of the Certificate of Completion at the interest rate provided in the Bond. The Redeveloper acknowledges that no payments shall be due and owing on the Bond after February 1, 2005. The-Redeveloper certifies that he has paid the costs identified in Schedule D hereto with respect to the Project. ARTICLE 7 Prohibitions Against Assignment and Transfer Section 7.1 Transfer of Property and Assignment. Redeveloper has not made and will not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease (other than leases of space in the professional office building constructed as a part of the Project), or other transfer, with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the HRA. The HRA shall be entitled to require as conditions to any such approval that: (i) the proposed transferee have the qualifications and financial responsibility, as reasonably determined by the HRA, necessary and adequate to fulfill the obligations undertaken in this Agreement by Redeveloper; (ii) the proposed transferee, by recordable instrument satisfactory to the HRA shall, for itself and its successors and assigns, assume all of the obligations of Redeveloper under this Agreement. No transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the HRA of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Redevelopment Property and the completion of the Project that the HRA would have had, had there been no such transfer or change. There shall be submitted to the HRA for review all legal documents relating to the transfer. In the absence of specific written agreement by the HRA to the contrary, no such transfer or approval by the HRA thereof shall be deemed to relieve Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the completion of the Project, from any of its obligations with respect thereto. -10- 7.2 Termination of Limitations on Transfer. The provisions of • Section 7.1 shall terminate at such time as the Certificate of Completion has been issued by the HRA under Section 4.3 of this Agreement with respect to the Project. ARTICLE 8 Events of Default Section 8.1- Events of Default. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is this in this Agreement (unless the context otherwise provides), any one or_ more of the following events which occurs and continues for more than 30 days after notice by the HRA to Redeveloper of such default (and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "Event of Default" hereunder): (a) Failure of Redeveloper to complete the Project as required hereunder. (b) Failure of Redeveloper to furnish the Construction Plans as required hereunder. (c) Failure of Redeveloper to observe and perform any other covenant, • condition, obligation or agreement on his part to be observed or performed hereunder or under the Restrictions. (e) If Redeveloper shall admit in writing his inability to pay its debts generally as th::y become due, or shall file, a petition in bankruptcy, or shall make an assignment for the benefit of his creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Redevelopment Property. Section 8.2 Remedies on Default. Whenever any Event of Default referred to in Section 8.1 occurs, the HRA may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from Redeveloper, deemed adequate by the HRA, that Redeveloper will cure its default and continue its performance under this Agreement. (b) Terminate all rights of Redeveloper under this Agreement. (c) Withhold the Certificate of Completion. -11- (d) Terminate the Bond. (e) Take whatever action at law or in equity may appear necessary or • desirable to the HRA to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. Section 8.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the HRA or Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.4. Waivers. All waivers by the HRA, shall be in writing. If any provision of this Agreement is breached,by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 9 • Additional Provisions Section 9.1 Conflict of Interests• HRA and Ci!y Representatives Not Individually Liable. No member, official, employee, or consultant or employees of the consultants of the HRA or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, consultant or the consultant's employees or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, consultant or the consultant's employees, or employee of the HRA or the City shall be personally liable to Redeveloper, or any successor in interest, in the event of any default or breach by the HRA or the City or for any amount which may-become due to Redeveloper or successor or on any obligations under the terms of this Agreement. Section 9.2 Equal Employment Opportunity. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. -12- • Section 9.3 Restrictions on Use. Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to, and only to and in accordance with, the uses specified in the Redevelopment Plan and this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in-the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: (a) in the case of Redeveloper, addressed to or delivered personally to Redeveloper at R.A. Hellickson, , • (b) in the case of the HRA, addressed or delivered personally to the HRA's Executive Director, 3301 Silver Lake Road, St. Anthony, Minnesota 55418; (c) in the case of the City addressed or delivered personally to the City Manager at 3301 Silver Lake Road, St. Anthony, Minnesota 55418; or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other parties as provided in this Section. Section 9.6 Term of Agreement. This Agreement shall terminate upon the later to occur of (i) December 31, 2005, or (ii) the payment in full of the Bond; provided that notwithstanding the termination of this Agreement, the Restrictions shall remain in full force and effect until terminated in accordance with its terms. Section 9.7. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. • -13- IN WITNESS WHEREOF, the parties have caused this Agreement'to be duly executed as of the date first above written. • HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary R.A. HELLICKSON -14- STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1993, by the Chairman and the Secretary of the Housing and Redevelopment Authority of St. Anthony, Minnesota. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1993, by R. A. Hellickson. Notary Public DRAFTED BY: Dorsey & Whitney (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 -15- SCHEDULE A REDEVELOPMENT PROPERTY A-1 SCHEDULE B PROJECT DESCRIPTION • B-1 c SCHEDULE C The following events shall take place, subject to Unavoidable Delays (as defined in this Agreement) by the date specified. TIME TABLE Redevelopment Contract Section Task Date 5.2 Redeveloper provides proof of insurance. 4.1 Construction Plans submitted to HRA and City. a. HRA disapproval (30 days) b. Redeveloper resubmits Plans (30 days) 4.2 Project begins. 4.2 Project completed. • 4.3 HRA issues or refuses to issue Certificate of Completion. C-1 SCHEDULE D PORTION OF PROJECT THE COSTS OF WHICH ARE ELIGIBLE FOR REIMBURSEMENT FROM BOND Acquisition of Land $127,360 Site Improvements and Miscellaneous. 2,640 Total $130,000 D-1 EXHIBIT A • CERTIFICATE OF COMPLETION WHEREAS, R.A. Hellickson COwner") is the owner of the property in the County of Ramsey and State of Minnesota described on Exhibit 1 attached hereto and made a part hereof ("Property"); and WHEREAS, the Property is subject to the provisions of a certain Redevelopment.Agreement (the "Agreement") dated July 27, 1993 by and between Owner and the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"); and WHEREAS, Owner has fully and duly performed all of the covenants and conditions of Owner under the Agreement with respect to the completion of the Project (as defined in the Agreement); NOW, THEREFORE, it is hereby certified that all requirements of Owner under the Agreement with respect to the completion of the Project have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement as they relate to the completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. Dated this day of , 199_. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary A-1 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 199,by Chairman and , Secretary of the Housing and Redevelopment Authority of St. Anthony, Minnesota.----' Notary Public This Instrument Was Drafted By: DORSEY & WHITNEY (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 i • A-2 EXHIBIT B • COVENANTS AND RESTRICTIONS 1. The Property shall not be exempt from real estate taxes notwithstanding the ownership or use of the Land. 2. The Property shall not be sold, transferred, conveyed or leased to any of the following parties: (a) An institution of purely public charity; (b) A church or ancillary tax exempt housing; (c) A public hospital; (d) A public school district; (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986,as amended; or (f) A Minnesota cooperative association organized under i Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133,.subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 3. The land shall not be used for any of the following purposes: (a) The operation of a public charity; (b) A church or house of worship; (c) The operation of a public hospital; (d) The operation of a public schoolhouse,' academy, college, university, or seminary of learning; or B-1 • (e) Any other use which would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 4. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the Housing and -Redevelopment Authority of St. Anthony, Minnesota ("HRA"), and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the HRA, and variances may be granted to the covenants and restrictions herein contained by the sole act of the HRA. These covenants and restrictions shall be enforceable only by the HRA, and only the HRA shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof. 5. The covenants and restrictions herein contained shall remain in effect until July 27, 2023 and thereafter shall be null and void. S B-2 w EXHIBIT C FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTIES OF HENNEPIN AND RAMSEY HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY LIMITED REVENUE TAXABLE TAX INCREMENT BOND (R.A. HELLICKSON) $130,000 THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, Hennepin and Ramsey Counties, Minnesota (the "HRA"), acknowledges itself to be indebted and, for value received, hereby promises to pay to R.A. Hellickson, a Minnesota resident (the "Redeveloper"), the principal amount specified above, together with interest thereon at the rate of 9.00% per annum, with such interest to accrue from the date of issuance by the HRA of the Certificate of Completion, as defined in the Redevelopment Agreement (the "Certificate of Completion"), pursuant to Section 4.3 of the Redevelopment Agreement dated July 27, 1993 (the `Redevelopment Agreement") between the HRA and the Redeveloper. Interest accruing from the date of issuance of the Certificate of Completion and not paid on any August 1 or February 1 thereafter shall be added to the principal amount of the Bond on such date. The interest hereon and the principal hereof, are payable in lawful money of the United States of America, by check or draft of the HRA mailed to the Redeveloper at the address specified by the Redeveloper, on the dates and in the amounts hereafter specified. This Bond is issued pursuant to a resolution adopted by the Board of Commissioners on July 27, 1993 (the "Resolution") to reimburse the Redeveloper for the payment of the capital costs of, a redevelopment project to be undertaken in Tax Increment Financing District No. 4-Ramsey County (the "District") of the HRA and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 469.041, Section 469.178 and Chapter 475. This Bond is payable solely from tax increments to be derived from the District (the "Tax Increment") which have been pledged to the payment of this Bond by the Resolution. C-1 On each August 1 and February 1 through and including February 1, 2005, following the date of issuance of the Certificate of Completion, the HRA will apply all Available Tax Increment, as hereinafter defined, to payment of this Bond. All such payments shall be applied first to accrued interest and then to the principal amount of this Bond. No further amounts shall be due and owing on this Bond after February 1, 2005, notwithstanding that the full principal amount of this Bond and accrued interest shall not have been paid on such date, and any principal and interest remaining unpaid as of such date shall be considered forgiven by the Redeveloper. "Available Tax Increment" is defined as all Tax Increment then on hand with the HRA following the reimbursement to the City and HRA of up to $2,500 in any calendar year for out-of-pocket administrative expenses paid or incurred by the HRA or City in connection with the approval, establishment and administration of Redevelopment Plan for Redevelopment Project No. 3 of the HRA and the Tax Increment Financing Plan for the District or related-to the Bond. In the event that Available Tax Increment is not sufficient to pay the principal of and.interest on this Bond when due, the failure of the HRA to pay such principal and interest shall not constitute a default hereunder. This Bond and the interest hereon shall not be deemed to constitute a general obligation of.the State of Minnesota or any political subdivision thereof, including, without limitation, the City or the HRA. Neither the State of Minnesota, nor any political subdivision thereof, including, without limitation, the City or the HRA, shall be obligated to pay the principal or interest on this Bond or other costs incident hereto except from Tax Increment pledged therefor by the Resolution, and neither the full faith and credit nor the taxing power of the State of Minnesota,or any political subdivision thereof, including, without limitation, the City or the HRA, is pledged to the payment of the principal of or interest on this Bond or other costs incident hereto. NEITHER THE HRA OR THE CITY MAKES ANY REPRESENTATION OR WARRANTY THAT THE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THE PRINCIPAL OR INTEREST ON THIS BOND WHEN DUE. All interest hereon shall be computed on the basis of a 360 day year consisting of twelve thirty day months. The principal amount of this Bond may be prepaid, either in whole or in part, on any date upon payment of the price equal to the principal being so prepaid plus accrued interest to the date of prepayment without premium. Any such prepayment shall be applied first to accrued interest and then to principal. C-2 THIS BOND MAY NOT BE TRANSFERRED OR ASSIGNED, IN WHOLE OR IN PART, BY THE REDEVELOPER WITHOUT THE PRIOR WRITTEN CONSENT OF THE HRA; PROVIDED THAT THE REDEVELOPER MAY PLEDGE THIS BOND AND THE PAYMENTS HEREUNDER TO A LENDER FOR THE PROJECT, AS DEFINED IN THE REDEVELOPMENT AGREEMENT, IF PRIOR WRITTEN NOTICE OF SUCH ASSIGNMENT IS GIVEN TO THE HRA AND THE LENDER DELIVERS TO THE HRA AN INSTRUMENT EXECUTED BY SUCH LENDER ACKNOWLEDGING THAT IT HAS REVIEWED THE TERMS OF THE BOND, THAT IT HAS SUFFICIENT KNOWLEDGE AND EXPERIENCE TO EVALUATE THE ABILITY OF PAYMENTS TO BE MADE BY THE HRA UNDER THIS BOND, THAT IT HAS ALL FINANCIAL AND OTHER INFORMATION IT HAS REQUESTED REGARDING THE DISTRICT AND THE TAX INCREMENT, THAT THE BOND IS PAYABLE SOLELY FROM AVAILABLE TAX INCREMENT AS PROVIDED HEREIN AND THAT THE HRA IS NOT MAKING ANY REPRESENTATIONS AND WARRANTIES AS TO THE SUFFICIENCY OF AVAILABLE TAX INCREMENT TO PAY THE BOND. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding limited obligation of the HRA according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required. IN WITNESS WHEREOF, the Housin g and Redevelopment Authority of St. Anthony, Hennepin and Ramsey Counties, State of Minnesota, by its Board of Commissioners, has caused this Bond to be executed by the signatures of its Chairman and Secretary and has caused this Bond to be dated as of the date set forth below. Dated: July 27, 1993 Secretary Chairman C-3 � 1 I TO — THE Vil-LA CE OF' S T. A FIRST A C.R. DOC. NO. x KNOW ALL MEN BY THESE PRESENTS: That Cit of St. Anthony, That art of Pahl 'Avenue as dedicated in the lat, o I h reb c City y, Inc..,, p p f e y ertify that Z have surveyed and platted the property Minnesota corporation, fee owner and Alam and. Associates, .Inc. , a Murray Heights Addition to Minneapolis, according to the described .on this plat at FIRST ADDITION..-TO - THE VILLAGE OF ST. Minnesota I corporation, fee owner of the following described plat - thereof on file .and of record in the office of the ANTHONY; that this plat is a correct representation of said survey; property situated in the County of Hennepin, State of Minnesota, to County . Recorder, Hennepin County, Minnesota, lying that all:: distances are correctly shown in feet and hundredth of a wit: westerly of the westerly right-of-way line of . Coolidge foot; that all monuments have been correctly placed in the ground Street, as dedicated in said, plat of .Murray Heights as shown_ or will be -placed as required by th elocal governmental Lots 1 and 2 , Block 6, and Lots 4 and 5, Block 7, Murray Addition to Minneapolis, and lying southeasterly of the . unit; and that the" outside boundary lines are correctly designated Heights Addition to .Minneapolis, according to said plat following described line: on the plat. on file and of record in the office of the, County Recorder, Hennepin County, Minnesota. Commencing at the Northwest corner of Lot 2 , -- Block 6, said Murray Heights Addition to and Minneapolis; - thence South 54 degrees 21 Frank S. Kr z, Land Surveyor minutes 50 seconds East, on an assumed bearing Minnesota State License No. 13293 That part of. Loot 45, Block 5, Murray sleights Addition to along the northeasterly line of said Lot 2 , a Minneapolis, according to said plat on file and of record distance of 30.03 feet to the actual point of in the office of. the ' County Recorder, Hennepin County, beginning of the line to be hereinafter STATE 'OF MINNESOTA Minnesota,. which lion Etantearly and Southeasterly of the described; thence North 38 degrees 17 minutes . COUNTY. OF following doncribed litres 25 seconds East a - distance of ' 25.71 feet; thence northerly, on a tangential curve The foregoing Surveyor's Certificate was . acknowledged before me` Commencirig nt thin Northnnnt corner of rsnA, l Lot: 45; the+nch concave to the. Went having a radius of 170.00 this day Of _ - 1993 by Frank S. Kriz, South, Along rho >va®t ling of teai.d Lot 45, r, diAtnncA of feet and rt contrnl angler of 37 degrees 26 Land Surveyor. 56. 57 feet to tile' point of boginninq of nrti.d litre to bo minutes 16 seconds, n distance of 111 . 08 feet hnr.eitin ftor described; thence Southerly And and there terminating. Notary Public, Count MN Southwesterly, a distance of 7G. G5 foot, nlonq n Y Yc tangential curvo concave to the Went: having n contrnl My commission Exp t Ari angle of 25 degrees 50. minuton 02 tnocondn And n radius of fins cnunod the nnmo to be surveyed oriel pIntted an C1RST ADDITION TO 1.70. 00 feet to the .Intarnection with tiler Southw©ntorly T111r VILLAGE OF ST, ANT11014Y And do linroby donnto and drdicate to the Line of said Lot. 45 and there tormiti`ating• pumic tar public, arae, forevor the onnomontrs fot.• drainage And dT. ANT11vNY, MINNEGOTA utility purportnet, net nhown on tho pint:. and `1'hlo irint of 11;WIT ADDITION 1'0 7'tir VILLAGE or ST. ANTOONY tints boon That art of Lot 42 Block G . Murraylei tits Adctit.ton to In wit�nnrsn wh6r•eof tinsel City (if Ut* tt . . Anthony, Ic•hris c riunnd t.hott rse mpprovod ttcl hraa;staCRYca I,y 1-11a Cy c:rulttc�il. of Caldon Vntlay At'. A P Y 9 prefinntn to he signed by ittc proper of ricer thin day 1.01,fttt"r moot inn t_hdraor lrhlct the day rsr Minneapolis, according to said plat-on file and of record _ o._._.._ . .,___..._.- ' in the office of the . County Recorder, tic►nnepin County, c'f 1991 . R. . _..,, .:. :�.. - .,.F.. .r 1'� Xfi ahl1lir;nl►1c�, +tire+ wtitaert " ► s ,_ . _... - _ iicrmmenE a rind rn4sc,rnmh►u�At nttca ar thea Cctmmi tan i one r _vr Trnnapor. tnt.ion Minnesota, which lies Southeasterly of the following Anil tags VOurrt y 111 e;hwny lard l ne or hnvn Lorin rovex i ved try t:1ra c�i t.y or described line.' the lit,,tioarllteucl 30 dayh porlod hArs ealnpnod witltotrt: 1`000111t. of ttuc h e�crrnmHrtt_r� nncj rtivomme�atrcltet sena, na " providoo by Mirltre3ejcsf t~ !,f.nttlt.nh, Commencing at the Southwest corner of said Lot 42 ; thence V0111tlet. i rit A , c) 1 , East, along the South line of said Lot 42 , a distance of CITY OF ST. ANTHONY 10.92 feet to the point 'of begintling__of said line to be hereinafter described; thence Easterly%end Northeasterly, a distance of 99.76 Feet, along a tangential g curve B CITY COUNCIL. OrDf% ANTHONY, MINNrs0TA _ _ concave to the . Northwest having a central angle of 33 Y• •! Clarence Ranallo degrees 37 minutes 27 seconds and a radius of 170.00 feet �,� _ MtiYQf Anthony of St it Mayor of the city . y to the intersection with the Northeasterly line of said MayPROPERTY TAX AND PUItLIC RECORDS DEPARTMENT,,, ItENNEPIN COUNTY, Lot 42 and there terminating. MINNESOTA and - STATE OF MINNESOTA ' COUNTY OF I hereby Certify that taxes payable in and prior years have That part of 27th Street N.E. , as dedicated in the plat been paid for the land described on this plat. Dated this day of Murray. Heights Addition to Minneapolis, according to The foregoing instrument was acknowledged before me this day of lg_ the plat thereof on file and of record in the office of of 1993, _by Clarence Ranallo, Mayor of the C ty of St. Anthony, a Minnesota corporation on behalf of said Patrick H. O'Connor, Hennepin County Auditor the County Recorder, Hennepin County, Minnesota, corporation. described as lying easterly of the southerly extension of � Deputy the west line of Lot 42, Block 8, said Murray Heights By: �_�..._ Addition to Minneapolis, and lying westerly of the northwesterly right-of-way line of Kenzie Terrace. Notary Public and County, Minnesota SURVEY DIVISION, Hennepin County, Minnesota My Comm rss on exp res Thatart of Coolidge Street N. E. as dedicated in the `"` "`�` '•- P 9 Pursuant to MINN. STAT. Sec 383E (1969) , this plat has been plat of Murray Heights Addition to Minneapolis, according approved this day of , 19 to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota, described as lying southerly of a line drawn In witnersm whoroof amid Alnm and Annocintan, Inc. hn* enunod thano Gary F. Caswell, Hennepin County Surveyor northwesterly from the Northwest corner of Lot 3 , Block pronnntn to baa nignod by Its propnrt officer thin --_--day of 7, said Murray Heights Addition to Minneapolis, to. the 1993 • B Northeast corner of Lot 45, Block 50 said Murray Heights -' y• Addition to Minneapolis, and lying northerly of the northwesterly right-of-way line of Kenzie Terrace. AL,AM AND A£;;OCIAT11,11, INC. COUNTER RECORDER, Hennepin County, Minnesota and I hereby certify that the plat of FIRST ADDITION TO THE VILLAGE OF f>y: _�_ ST. ANTHONY was filed in this office this day of -- --- -__ 199 at It o,clock .m. STATE OF MINNESOTA " COUNTY OF R. Dnn Carlson, County Recorder The foregoing instrument was acknowledged before me thio By: Deputy day of , 1993, by the porpor` off icer of Alam and Associates, Inc. , a Minnesota corporation on behalf of said corporation. a Notary l'U 11C Prepared b P Y County,, Minnesota _D_D1TI0_zV 1VTH0_1Vr My Commission expires Maier Stewart u & Associates Inc. , vi -H0,VY DDITIOj- V TO THE . L LA CE ' , FIRST A C.R. DOC. NO. A-zVT V 6 I Drainage and Utility Easements shown thus: I 9 Y I S Z I 5 _ The North line of the Southwest Quarter of theCr l O O � Northwest Quarter of Section 7, Township 29, U Range 23, Hennepin County, Minnesota, . ha$ an cn 5 assumed Bearing of N 89'5956" E. I 5 I 623:39ti f I w 4 'rn i W width and adjoining lot lines - ^ o Being 5 feet in rdt g to unless otherwise shown and 10 feet in width' ca j and adjoining plot lines and right-of—way lines, i the plot, - - - - - - - - -- -- - - GRAPHIC unless otherwise shown on p t, -\ i6 W ^ , SCALE o� O N 40 0 20 40 so 180 to �I o°• N-0 A o ( IN FEET ) 1 inch = 40 it. SRS,• i � S 88'13'22" E S `�00'� \ ., •,� 1', 140.19 ` GHT - _ - qo 157.67 0 F P NNEP\ 4 I * �� P\P\ � r � 'Ld -- -- -- To NZ Ir o Denotes Set 1/2" x 14" Iron Monument �' 2 \s /. \ g o,°�' Marked R.L.S. 15479 unless otherwise \ J� s, \ shown on plat. ' \ 5 i 009 / 26.87 42 = 03'44'15" R=411.90 .' J g°c 000 C13 S 89'5956" E O �7 ` ` � � 10.92- - 2 / ti ,RR _— - --- -- - - --- - - -- - - \� \` - - - - - -- -- - -- -AAS -- / 6� / W o 10.92' 0p / 50 R 0().00 0 - -L - -- - - 27-R 1 -S-TF T- - - -P� `� - - �' -- - - - - - - - - �p 0 7 11.20' i N 89 59'56" E 5 / t -136,57 � �0. 248.05 �2a" W � , North line of the Southwest Quarter of the S 89,59'56"0W 4a Northwest Quarter of Section 7, Township 29, N 45' a•52/ / Range 23, Hennepin County, Minnesota. MURRA Y HEIGHTS Prepared by. 3RD ADDITION OF Maier Stewart & Associates Inc. _ _ f 2. Sheets