HomeMy WebLinkAboutCC PACKET 12131994 Meeting Sheet
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Folder: CC PACKETS 1994-1998
Document: CC PACKET 12131994
CITY OF ST. ANTHONY
RESOLUTION 94-063
A RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
WHEREAS, costs have been determined for the improvement of(1) Crestview Drive, from 29th
Avenue N.E. to 31st Avenue N.E.; (2) Armour Terrace, from Silver Lake Road
to Crestview Drive; (3) Bell Lane, from Armour Terrace to Crestview Drive; and,
(4) East Gate Road, from Crestview Drive to Rankin Road, and the bid price for
such improvement is $659,709.90, and the total cost of the improvement will be
approximately $825,000.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of St. Anthony, Minnesota:
(1) The portion of the cost of such improvement to be paid by the City is hereby
declared to be $588,931 and the portion of the cost to be assessed against
benefitted property owners is declared to be $235,790.
(2) Assessments shall be payable in equal annual installments extending over a period
of 15 years, the first of the installments to be payable on or before the first
Monday in 1996, and shall bear interest at the rate of 2 per cent per above the
City's borrowing rate at the time the bonds are issued.
(3) The Consulting Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or
parcel of land within the district affected, without regard to cash valuation, as
provided by law, and the City Clerk shall file a copy of such proposed assessment
in the office for public inspection.
(4) The City Clerk shall upon the completion of such proposed assessment, notify the
Council thereof.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
. ain te hou
illa
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
PROCLAMATION
A PROCLAMA TION PROCLAIMING JANUARY17, 1995
AS ECUMENICAL COMMUNITY CELEBRATION
AND PRAYER DA YIN CONJUNCTION WITH
THE 50TH YEAR ANNIVERSARY CELEBRATION
OF ST.ANTHONY VILLAGE
WHEREAS, IN 1945 RESIDENTS LIVING IN THE ST.ANTHONYAREA OF THE CITY OF
MINNEAPOLIS DESIRED TO INCORPORA TEAS ST.ANTHONY VILLAGE,AND
WHEREAS, IN 1962 ST.ANTHONY VILLAGE OFFICIALLYBECAME A CITY,BUT IS STILL FONDLY
REFERRED TO BYMANYLOCAL RESIDENTSAS "THE VILLAGE" AND
WHEREAS, A COMMITTEE HAS BEEN FORMED AND PLANS ARE BEING MADE FOR THE WHOLE
COMMUNITY TO CELEBRATE THE FIRST 50 YEARS OF ST.ANTHONY'S
INCORPORATION DURING 1995;AND
WHEREAS, YEAR-LONG EVENTS WILL BEGIN ON TUESDAY,JANUARY 17,1995 WITH AN
ECUMENICAL COMMUNITY CELEBRATIONAND PRAYER SERVICE WHICHIS BEING
COORDINATED BYLEADERS OF THEAREA�S RELIGIOUS COMMUNITIES.
NOW, THEREFORE,BE IT RESOL VED, THAT THE CITY COUNCIL OF THE CITY OF ST.
ANTHONY HEREBY DECLARES JANUARY I7, 1995 AS ECUMENICAL COMMUNITY CELEBRATION
AND PRAYER DAYIN CONJUNCTION WITH THE 50TH YEAR ANNIVERSARY CELEBRATION OF ST.
ANTHONY VILLAGE.
MAYOR
DATE
H.R.A. IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING.
CITY OF ST. ANTHONY J
• CITY COUNCIL AGENDA
DECEMBER 13, 1994
7:00 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
Il. ROLL CALL.
III. APPROVAL OF DECEMBER 13, 1994 COUNCIL AGENDA.
IV. APPROVAL OF NOVEMBER 22, 1994 COUNCIL MINUTES.
APPROVAL OF NOVEMBER 29, 1994 SPECIAL COUNCIL MEETING
MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
• A. Dorsey & Whitney - $2,400.00.
B. _Rieke Carroll Muller - $8,062.43.
C. Verified.
VII. REPORTS.
A. Mayor. -
1 . Cable TV update.
2. Discuss cancellation of December 27, 1994 Council meeting.
3. Community Services request for skating rink.
B. Councilmembers.
C. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Resolution 94-059, re: Contract for architectural services for proposed
• Community Center.
Council Agenda
December 13, 1994
Page 2
B. Resolution 94-060, re: Cooperative agreement and maintenance for
traffic control signals with Ramsey County.
C. Resolution 94-061, re: Agreements and Plans for the installation and
maintenance of traffic control signals on Silver Lake Road at 37th
Avenue N.E. and 39th Avenue N.E.
D. Resolution 94-062, re: Call for public hearing on the 1995 street and
utility improvements.
E. Resolution 94-063, re: Declare cost to be assessed and order
preparation of proposed assessment for 1995 street and utility
improvements.
F. Resolution 94-064, re: Call for public hearing on proposed assessment
for 1995 street and utility improvements.
X. UNFINISHED BUSINESS.
A. Ordinance 1994-008, re: Water rates (2nd reading).
B. Ordinance 1994-009, re:' Outside employment of City employees (2nd
reading).
XI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
3 NOVEMBER 22, 1994
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 6:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
9 Also Present: Michael Mornson, City Manager; William Soth, City Attorney; and Larry Hamer,
10 Public Works Director.
11 III. APPROVAL OF NOVEMBER 22, 1994 COUNCIL AGENDA.
12 Motion by Marks, second by Enrooth to approve the November 22, 1994 Council Agenda with
13 the following changes:
14 Under IX. NEW BUSINESS, add E. Consideration of Proposed Plan for Schematic Design of
15 Community Center.
16 Under VI. PRESENTATION OF CLAIMS, E. Dorsey & Whitney, replace "$904.05" with
17 "$973.12".
�8 Motion carried unanimously.
19 IV. APPROVAL OF OCTOBER 25, 1994 COUNCIL MINUTES.
20 Motion by Marks, second by Fleming to approve the October 25, 1994 Council minutes as
21 presented.
22 Motion carried unanimously.
23 V. LICENSES/PERMITS/PETITIONS.
24 Motion by Marks, second by Wagner to approve the following licenses:
25 Motor Vehicle Starting License
26 Sroga's Automotive Services, Inc.
27 Contractors License
28 Lowry Hill Construction Company, Plymouth, MN
29 Motion carried unanimously.
30 VI. PRESENTATION OF CLAIMS.
31 Motion by Marks, second by Wagner to approve the following claims with the following
changes:
33 Under E. Dorsey& Whitney replace "$904.05" with "$973.12".
City Council Regular Meeting Minutes
November 22, 1994
Page 2 •
1 A. Norsk Construction. Inc., in the amount of$5,280.00 for removal and replacement of 10
2 curb cuts and handicap ramps.
3 B. Midwest Asphalt. Inc., in the amount of$11,995.19 for 1994 Street and Watermain
4 Improvements, RCM Project No. 10223.02.
5 C. Braun Intertec, in the amount of$2150.00 for professional services rendered through
6 October 7, 1994, Geotechnical Evaluation 1995 Proposed Street Reconstruction.
7 D. Rieke Carroll Muller Associates. Inc., in the amount of$13,001.44 for professional
8 services rendered from October 2, 1994 to October 29, 1994, 1995 Street Reconstruction
9 Design.
10 E. Dorsey & Whitney, in the amount of$973.12 for professional services rendered through
11 September 30, 1994.
12 F. 6 pages of Verified Claims as presented by the Finance Director.
13 Motion carried unanimously.
14 VII. REPORTS.
15 A. Planning Commission -November 15, 1994,
16 1. Happy's Potato Chips, 3900 Chandler Drive - Outside Storage •
17 Commissioner Franzese was present representing the Planning Commission. Franzese
18 reported that the Planning Commission had unanimously recommended the City Council
19 approve the addition of outside storage at Happy's Potato Chips, 3900 Chandler Drive.
20 In response to Marks, City Manager stated that there is no public hearing required for the
21 request. The tanks are considered outside storage sheds and according to the light
22 industrial ordinance where Happy's is located, storage sheds that do not exceed one story
23 in height have to be approved by the Council and also have to be recommended by the
24 Planning Commission.
25 Motion by Marks, second by Fleming to approve outside storage, six storage tanks, at
26 Happy's Potato Chips, 3900 Chandler Drive, as requested.
27 Motion carried unanimously
28 2. Thomas and Diane Schroeder, 3929 Fordham Drive request for:
29 a. Lot Coverage Variance.
30 Commissioner Franzese reported that the Planning Commission had unanimously
31 recommended City Council not grant a lot coverage variance for the property at 3929
32 Fordham Drive in that the hardships were not sufficient to grant a variance. •
City Council Regular Meeting Minutes
November 22, 1994
• Page 3
1 Franzese explained that the lot did not meet all four criteria for granting a variance in a
2 hardship case. She listed the four criteria necessary as follows: 1. The property cannot
3 be put to a reasonable use without the variance. 2. The circumstances causing the
4 hardship were not created by the owner. 3. The variance, if granted, will not alter the
5 essential character of the locality. 4. Economic considerations alone are not the basis of
6 the hardship. The Planning Commission noted that the lot was of substandard size. This
7 could meet the first requirement but the items related to the other three criteria involve
8 the owner and not the property.
9 Harry Schroeder, Tom Schroeder's father spoke on behalf of the applicants. He stated
10 that he was the architect that designed the proposed home that the Schroeder's would like
11 to build on the lot. He reported that the existing house was built in 1952. In 1963, the lot
12 was subdivided. The City Ordinance regarding lot coverage was not in place at that time.
13 The Schroeders purchased the house in 1991. He provided an overhead of a sketch of a
-14 hypothetical house design which would fit on this lot and adhere to the existing lot
15 coverage ordinance. The house could only be 975 square foot, allowing for a double
16 garage and driveway, to fit within the lot coverage ordinance. He stated this would not be
17 practical as the house would have no resale value. For this reason, the variance is
18 creating a special extraordinary circumstance. He stated that at this time, the approximate
9 value of the property is $60,000 with the lot being $20,000. If the scheduled plan is
implemented, the Schroeders would lose $40,000 due to the demolition. He stated that
21 the Schroeders have approached the owner of the land directly south, north, and east of
22 their lot but they have not been successful in purchasing any of this land. He stated that
23 the neighbors in the area, are enthusiastic about the Schroeders project. Referring to the
24 four criteria necessary to grant the variances,he stated that they were met as follows: 1.
25 The property cannot be put to reasonable use because a 975 square foot house would not
26 be appropriate to St. Anthony and would not have a resale value, as such. 2. The
27 hardship was not created by the owner, as it was created when the land was subdivided 30
28 years ago. 3. The variance will not alter the essential character of the locality. 4. The
29 Schroeders in demolishing their existing home will experience a monetary loss, rather
30 than a monetary gain, so economic considerations are not the basis of the hardship.
31 Mr. Botnick, the owner of the property south, north and east of the Schroeder lot, stated
32 that he has been negotiating with Bill Nygard regarding a proposed construction
33 development on his land and Nygard is interested in the project. Mr. Reed, another
34 adjacent property owner had expressed interest in selling his house and the land behind.
35 He stated if Mr. Reed were to do this, Mr. Nygard could then buy both lots, demolish the
36 homes, and split the lots in two, selling a larger lot to the Schroeders. He felt this would
37 be a better solution for all involved but he has not yet received a commitment from Mr.
38 Reed or Mr. Nygard.
•
City Council Regular Meeting Minutes
November 22, 1994
Page 4 •
I Harry Schroeder stated that the Schroeders needed to make a decision and start
2 construction by Spring of 1995. They cannot wait without some type of guarantee. He
3 stated that they would not be satisfied unless they had a closed purchase agreement on a
4 specific piece of property within 30 days.
5 Mayor Ranallo asked Mr. Botnick if there was a possibility that the Reed property would
6 be available within the next 30-60 days.
7 Botnick reported that Mr. Reed was unsure if he wanted to sell. He was looking for a
8 place to relocate that would suit his needs.
9 Ranallo expressed that he would like to see the Schroeders reconstruct their house and
10 remain in St. Anthony.
11 Fleming asked if it was possible that there could be an agreement reached within 30 days.
12 She stated that the variance process had been created to benefit the City of St. Anthony
13 not to stop something that will improve the city. She feels the Schroeders are going to
14 improve the city with their project.
15 City Attorney Soth stated that one problem with the granting of this variance is it would •
16 set a precedence. The variance does not leave the city flexibility in these cases. The
17 variance would have to be in accordance with the criteria set up by State Statutes. It
18 would need to be shown that the property cannot be put to reasonable use by this owner
19 or any owner, without the variance being granted. The criteria must relate to the property
20 and not to the owner.
21 Diane Schroeder stated that they have been negotiating with Mr. Botnick for 3 years. She
22 reported that they have been waiting for a long time and nothing has happened. A 974
23 square foot house could not be made accessible for her being confined to a wheelchair as
24 it would have to be more than one level. She feels this is discriminatory, as the lot cannot
25 be put to reasonable use without the granting of the variance.
26 Mr. Kirk Larson, 3509 Maplewood Drive, spoke on behalf of the Schroeders. He was in
27 attendance at the Planning Commission last week when the variance was recommended
28 for denial and the Schroeders were told their only choice was to go before the Council.
29 He feels that granting the variance would make sense for the community and for the
30 people involved. The only precedence that would be set, is to grant a lot ordinance
31 variance for a lot that is less than normal,size. He feels that this would be a reasonable
32 precedence to set. He stated that it would send a message to the people, that the City of
33 St. Anthony is flexible and concerned about the people who live there. He feels the right
34 thing to do is grant the variance for the Schroeders. •
City Council Regular Meeting Minutes
November 22, 1994
• Page 5
1 Motion by Enrooth, second by Marks to table consideration of a lot coverage variance for
2 the property at 3929 Fordham Drive for 3 weeks, until the next City Council Meeting, so
3 the parties can come together and detennine a solution.
4 Vote on the motion:
5 Aye: Enrooth, Marks, Ranallo, Wagner
6 Nay: Fleming
7 Motion carried.
8 Ranallo directed the Schroeders to meet with City Manager Mornson and Lary Hamer to
9 determine what solutions were available to them for this situation.
10 3. Apache/CUB Foods/Knox Lumber.
11 a. Drainage Plan for Apache Plaza,
12 Mayor Ranallo reported that a petition was received from the Silver Lake
13 Homeowners Association requesting the Environmental Quality Board, ( EQB ),
determine if an Environmental Assessment Worksheet (EAW) was necessary.
Since last weeks Planning Commission meeting, the City has received a phone
16 call from the EQB designating the City as the Responsible Agency for
17 determining if an EAW is necessary. The Silver Lake Homeowners Association
18 has elected six people to a board which will meet with the City and the
19 Developers. Ranallo met with this board and they presented him with a list of
20 eleven items that they would like resolved. This list has been forwarded to the
21 city staff and developers. The items are as follows:
22 1. St. Anthony Village agrees to draft and introduce ordinance in the spring of
23 1995 or before that would eliminate the use of phosphorous from lawn
24 treatment in the Silver Lake Watershed. They would encourage Columbia
25 Heights and New Brighton to adopt a similar ordinance.
26 2. Removal of snow prior to snow melt to ponding area or to alternate location
27 outside Silver Lake Watershed (City Ordinance or special use permit).
28 3. Monthly sweepings of parking lot during the rainy season. Daily inspection
29 maintenance, pick up waste material and clear weir after rainfalls) of the
30 parking lot.
31 4. Study and work towards implementation of low flow diversion at Silver Lake
32 and Silver Lake Road. Study and work to be funded by storm water fund if
33 RCWD will not fund.
34 5. Reactivate or resubmit petition for study of Silver Lake. Share funding with
35 RCWD and surrounding governmental units.
City Council Regular Meeting Minutes
November 22, 1994
Page 6 •
1 6. Construct swale along Silver Lake Road as engineered by RCWD. Future
2 development to meet RCWD water management standard.
3 7. Pond #1 Many alternatives not examined including, but not limited to,
4 passive use of RR right away, swale connection with pond #2, adaptive use
5 of parking lot for storm water storage, etc. Please propose increased ponding
6 capacity approaching NURP Standards ( meet a I" pond standard between
7 Pond #1 and Pond #2 ). Additional development other than increase by CUB
8 to 88,000 square feet in this watershed will require ponding to RCWD
9 standards. (The passive use of RR right away gets us closer to NURP
10 standards).
11 8. Pond#3. Construct a pond that meets a 2" standard.
12 9. Maintain all ponds when 25% full or sooner.
13 10. Silver Lake Homeowners will construct a demonstration shoreline
14 management project on Silver Lake and encourage all residents, the Silver
15 Lake Salvation Army Camp and the City of Columbia Heights to participate
16 and adopt Best Management Practices.
17 11. St. Anthony Village will encourage Hardee's, Goodyear and the new muffler
18 shop to design their storm water run off to flow thru weir prior to entering the
19 Silver Lake storm sewer and to use BMP where feasible (especially when the
20 city is granting a permit).
21 Ranallo reported that the city staff and developers have been studying these items
22 to see which items are acceptable by all parties. The petition is still in place. He
23 reported that there had been a meeting scheduled between the involved parties but
24 it was cancelled when the list of 11 items was received as there was not enough
25 time for all of the parties to investigate the items properly. Another meeting has
26 not been set at this time. He reported of a meeting held last Thursday. City staff,
27 City Manager Mornson, Mayor Ranallo, Rice Creek Watershed District, their
28 directors and two attorneys, and Mr. Cavanaugh and his attorney were in
29 attendance. This meeting was to resolve issues and ask the Watershed District to
30 fund some of the items. Rice Creek Watershed staff did not recommend that the
31 Watershed do so.
32 Ronny Bergquist, owner of the Bookstore at Apache Plaza asked what type of a
33 delay this petition and resulting action could impose on the project.
34 Mayor Ranallo stated that it could take up to 90 days and cost$40,000 to $50,000,
35 if the city is required to do the EAW. He stated that the city does have the right to
36 deny the petition at the recommendation of the City Attorney. The City Attorney
37 and C. G. Rein are looking into this possibility.
City Council Regular Meeting Minutes
November 22, 1994
• Page 7
1 City Attorney Soth reported that he needed to receive the appropriate paperwork
2 from the Engineering Attorney of Apache Plaza. If Apache does not require the
3 EAW, they need to show evidence of this.
4 Marks expressed that the city as a whole wants the project. He stated that it
5 would greatly improve not only the community, but also the city taxes, and the
6 school district. He feels that the school district and Apache Plaza are the two
7 anchors in St. Anthony. The referendum for the school district was not passed
8 and Apache Plaza is failing. He stated that the project was not only necessary for
9 financial reasons, but also for environmental reasons. He stated that the holding
10 ponds have always been an important part of the development but that there also
11 must be balance. The Tax Increment Funding has been found and the City
12 Ordinances have been met. He wondered how far the city had to go to get the
13 project. He stated that the City of St. Anthony needs to get this project.
14 Ranallo reported that the Rice Creek Watershed meets tomorrow night but they
15 have to table the discussion regarding this issue, as they will not have all the
16 necessary information before them. There is a special city council meeting
17 scheduled for November 29 at 6:30 P.M. to discuss the EAW. The Rice Creek
�8 Watershed District will then meet on November 30th to discuss the issues.
19 Fleming stated that the city has to all pull together for this project. She
20 questioned how the city can all pull together now if there is a petition filed that is
21 stopping the project.
22 Wagner stated that the city has demonstrated their interest in cleaning up Silver
23 Lake even before there was a proposed addition of CUB Foods and Knox at
24 Apache Plaza. They have now committed Tax Increment Financing in the amount
25 of$250,000. He feels the city is making a huge effort in this project.
26 Ranallo reported that they will be holding the special council meeting November
27 29th and asking the city attorney to get all the necessary information by that date.
28 The city will try to work with the people who live on Silver Lake, to get the
29 petition withdrawn and if this is not possible,they will be forced to go the legal
30 route. He reported that only 23 of the 50 households, who live on the lake signed
31 the petition.
32 City Attorney Soth stated that the 11 points submitted by the Silver Lake
33 Homeowners Association were not all directly involved with the Apache
34 Plaza development project. He stated that the project should not be held
5 hostage to the issues that were not directly related to it. The only items
City Council Regular Meeting Minutes
November 22, 1994
Page 8
1 that should be affecting this project are the items directly related to the
2 proj ect.
3 City Council consensus was reached to review this item, drainage plan for Apache
4 Plaza, until November 29, 1994 at the Special Council Meeting.
5 b. Apache (C. G Rein Company) Request for Subdivision Approval for CUB
6 Foods and Knox Lumber.
7 Commissioner Franzese reported that the Planning Commission had unanimously
8 recommended that the Council approve the lot split as presented by Dennis
9 Cavanaugh, C.G. Rein Co., into 4 sections with Payless Cashways/Knox Lumber
10 on the north end, including a portion of the current Apache Plaza Mall, the section
11 with First Bank, the main section of what will remain of the mall, and the
12 southern section which is the SuperValu/CUB Foods, based on a title review by
13 the City Attorney, as well as any easements that may be necessary for the platting
14 process which will be taken care of with the City Council.
15 City Attorney Soth asked that two additional points be included in the motion.
16 One being that it be subject to reviewal of title easements and the plat subject to a
17 satisfactory reviewal of these items. The second being that due to the petition of •
18 the EAW, no permit for construction for any part of the project will be issued,the
19 project will not have final approval, and the project will not be commenced, until
20 the requirements of Minnesota Statues, Section 116D.04, Subd. 2b have been met.
21 Motion by Marks, second by Enrooth to approve the lot split as presented by
22 Dennis Cavanaugh, C.G. Rein Co., into four sections with Payless Cashways/
23 Knox Lumber on the north end and including a portion of the current Apache
24 Plaza Mall, the section with First Bank, the main section of what will remain of
25 the mall, and the southern section which is the SuperValu/CUB Foods, based on
26 a review of title easements by the City Attorney and the plat subject to a
27 satisfactory reviewal of these items and that no permit for construction for any
28 part of the project will be issued, the project will not have final approval, and the
29 project will not be commenced, until the requirements of Minnesota Statutes,
30 Section 116D.04, Subd. 2b have been met.
31 Motion carried unanimously.
32 c. CUB Foods Variance Request.
33 Commissioner Franzese reported that the Planning Commission has unanimously
34 recommended that Council approve the setback variances for the CUB
35 redevelopment, specifically the 15 foot setback variance on the north end of the •
36 CUB property. The hardships were found for the following reasons: 1. With the
37 60 foot Uniform Building Code normal separation, the property cannot be put to
City Council Regular Meeting Minutes
November 22, 1994
• Page 9
1 reasonable use without this variance. 2. The circumstances are not created by the
2 owner of the property. 3. This will not alter the essential character of the locality.
3 4. Economic considerations alone are not the basis of the hardship. Also this
4 variance will improve the traffic flow as traffic will go around the buildings rather
5 than in between.
6 Motion by Marks, second by Wagner to approve the setback variances for CUB
7 redevelopment, specifically the 15 foot setback variance on the north end of the
8 CUB property based on a review of title easements by the City Attorney and the
9 plat subject to a satisfactory reviewal of items and that no permit for construction
10 for any part of the project will be issued, the project will not have final approval,
11 and the project will not be commenced, until the requirements of the Minnesota
12 Statutes, Section 116D.04, Subd. 2b have been met.
13 Motion carried unanimously.
14
15 d. Knox Lumber Conditional Use Request,
16 Franzese reported that the Planning Commission unanimously recommended that
17 the Council approve the conditional use permit for Knox Lumber conditioned that
all lumber products will be under roofs, the 15 foot block wall with screening be
*9 provided, and there will be lighting on the outside of the structures directed
20 downward.
21 Motion by Marks, second by Fleming to approve the conditional use permit for
22 Knox Lumber conditioned that all lumber products be under roofs, the 15 foot
23 block wall with screening be provided, and there will be lighting on the outside of
24 the structures directed downward, and that no permit for construction for any part
25 of the project will be issued,the project will not have final approval, and the
26 project will not be commenced, until the requirements of the Minnesota Statutes,
27 Section 116D.04, Subd. 2b have been met.
28 Motion carried unanimously.
29 e. Knox Lumber Variance Request.
30 Motion by Wagner, second by Marks to approve the setback variances for the
31 Knox redevelopment, specifically the 15 foot setback variance on the south
32 portion of the Knox property based on a review of title easements by the City
33 Attorney and the plat subject to a satisfactory reviewal of items, and no permit for
34 construction for any part of the project will be issued, the project will not have
.35 final approval, and the project will not be commenced, until the requirements of
�6 the Minnesota Statutes, Section-116D.04, Subd. 2b have been met.
37 Motion carried unanimously.
City Council Regular Meeting Minutes
November 22, 1994
Page 10 ,
1 f. Comprehensive Signag_e for Apache Plaza.
2 Commissioner Franzese reported that the Planning Commission expressed
3 unanimous approval of the comprehensive sign package presented by Dennis
4 Cavanaugh, C. G. Rein Co., for Apache Plaza.
5 Dennis Cavanaugh, C. G. Rein Co., reported that the existing pylon sign for
6 Apache Plaza was erected in 1961. Since two new stores are moving into the
7 mall, it is time to update the pylon sign. He presented an exhibit of the proposed
8 pylon sign. The proposed sign will be 414 square feet per side. The height will
9 be 42 feet and the width 16 feet. The existing pylon sign is 440 square feet. The
10 pylon sign will include Apache Plaza, CUB Foods, Knox Lumber, Herbergers,
11 SAV Liquor and a vacant space. The sign is constructed of steel and wrapped
12 aluminum. The faces are constructed of Lexon and plastic and the names will be
13 painted on the face. CUB Food Store is also proposing a monument sign at the
14 south entrance of the center, from Silver Lake Road. This sign will be 15 feet
15 long and 12 feet wide. Herbergers is proposing a monument sign at the north
16 entrance of the center. Apache Plaza is anticipating development of a fast food
17 restaurant to the north of Tires Plus and is requesting a future monument sign to
18 the south end of the center, from Silver Lake Road. Knox Lumber is also
19 requesting a monument sign to the north of Silver Lake Road,towards the middle
20 of the center. This sign will be 8 feet tall and 9 feet wide.
21 Motion by Fleming, second by Marks to approve comprehensive signage package
22 for Apache Plaza as presented by Dennis Cavanaugh, C. G. Rein Co. based on a
23 review of title easements by City Attorney and the plat subject to satisfactory
24 reviewal items and no permit for construction for any part of the project will be
25 issued, the project will not have final approval, and the project will not be
26 commenced until the requirements of Minnesota Statutes, Section 116D.04, Subd.
27 2b have been met.
28
29 Motion carried unanimously.
30 In response to Franzese, City Attorney Soth reported that the petition can be
31 withdrawn anytime before it is considered by the City Council. The petition is
32 scheduled to be considered by the City Council in one week,on November 29,
33 1994.
34 Richard Hehr, Real Estate Representative for Payless Cashways, Inc. (Knox),
35 stated that he is excited to be a part of this project. He stated that the new
36 prototype store will set a tone for the redevelopment of Apache Plaza. He •
37 reported that the new Knox building design is "user-friendly" and is a project the
38 City of St. Anthony and it's citizens will be proud of.
City Council Regular Meeting Minutes
November 22, 1.994
Page 11
1 Bill Mackey, CUB Foods, stated that they look forward to getting the project
2 under construction. He said CUB was pleased with the reception they received at
3 the Planning Commission meeting last week. He feels there is a lot of support in
4 the community for the project. CUB appreciates the support and looks forward to
5 working with St. Anthony.
6 Kim Johnson, 3304 Skycroft Drive, reported that earlier this year, he served on
7 the Economic Redevelopment Task Force Commission. Their mission was to
8 look at undeveloped or underdeveloped areas in St. Anthony. He stated that his
9 initial personal view at the time, was that_Apache Plaza would best be suited for
10 residential purposes. He has since changed his mind. He fully supports the
11 redevelopment project now. He states he is also a member of the school board.
12 Apache Plaza is a major contributor in the school abatement. He supports the
13 City Council and thanked them for their leadership in this project. He stated that
14 he has met with several members of the school board and they are in full support
15 of the CUB Foods and Knox Lumber project. They feel it is best for the city, the
16 school district and the general community.
17 Ranallo stated that the City Council will be working hard.next week to get the
petition withdrawn and get the residents on the lake to agree to some other plan.
To date,the City has obligated$250,000 to improve lake quality by 20% and
20 catch 75-78% of Apache Plaza run-off with the proposed 3 ponds. He reported
21 that this is the maximum monetary amount the City can afford. Until now, all TIF
22 programs have been funded for ten years. This project, due to delays and
23 increased interest rates has been extended to 17 years. If it were allowed to go
24 any further, it would endanger the City. Ranallo assured CUB Foods and Knox
25 that something will be done next week to resolve these issues. He encouraged
26 residents of St. Anthony to talk to the homeowners on Silver Lake and ask them
27 to withdraw the petition. Ranallo commended Commissioner Horst for his article
28 to the editor of the Northeaster and the St. Anthony Bulletin. He stated that it is
29 necessary for all the citizens of St. Anthony to put the benefits of the entire
30 community before the benefits of one person.
31 Jim Hoska, 3209 31st Avenue N.E., thanked the City Council, City Attorney and
32 Planning Commission for all the work they have done for this project. He
33 encouraged the City Council to get Apache "up and running".
34 B. Mayor.
35 Mayor Ranallo reported that this year is St. Anthony's 50th year anniversary. The first
36 event to be held in celebration of the anniversary will be a prayer service which will be
held on January 17th. All the churches in St. Anthony will be involved in the prayer
it service. He hopes that this annual prayer service will continue every year. The second
39 event will be the annual community dance, held at Apache Plaza on February 12th.
City Council Regular Meeting Minutes
November 22, 1994
Page 12
1 There will be events scheduled throughout the entire year and Ranallo encouraged all
2 residents to become involved with the celebration.
3 C. Council.
4 Councilmember Wagner reported his attendance, in place of the Mayor, at the Task Force
5 for Healthy Youth, Healthy Community. He stated that it is a very interesting program
6 but he doesn't believe it is moving forward fast enough. He reported that Shelly Freeman
7 spoke in regards to "Families in Crisis" and that she plans to get involved with this Task
8 Force to help the Task Force to move ahead.
9 Councilmember Marks reported that he received a phone call from long time St. Anthony
10 resident. The resident wasn't able to attend the City Council meeting tonight due to
11 illness, but wished to express his full support for the Apache project.
12 D. City Manager.
13 City Manager Mornson reported that it was time to update the comparable worth form. It
14 is due in December and City Council is to review it in January.
15 VIII. PUBLIC HEARING - None.
16 IX. NEW BUSINESS.
17 A. Ordinance 1994-008. re: Water Rates ( 1 st reading_L
18 Motion by Enrooth, second by Wagner to approve the first reading of Ordinance 1994-008,
19 relating to water rates, amending section 610.02, so as water bills will be computed quarterly
20 based on metered water used at the rate of$.90 per 100 cubic feet or any fraction thereof,
21 commencing January 1, 1995.
22 Motion carried unanimously.
23 B. Ordinance 1994-009. re: Outside Employment of City Employees ( 1 st reading 1.
24 Motion by Wagner, second by Fleming to approve the first reading of Ordinance 1994-009,
25 relating to outside employment, amending section 300.06, subd. 1, so as no employee shall work
26 for more than one City department at a time, except in the case of temporary emergency
27 situations, and as ordered by the Department Heads of the affected City departments, with the
28 only exception being the Public Works employees who are daytime Reserve Firefighters.
29 In response to Marks, Mornson stated that there is a personnel ordinance in place-that restricts
30 any City employee to work after hours in related positions.
31 Motion carried unanimously. •
City Council Regular Meeting Minutes
November 22, 1994
Page 13
1 C. Resolution 94-056. re: Lease agreement for 2800 Kenzie Terrace,
2 Motion by Marks, second by Wagner to approve Resolution 94-056, Approving the.lease
3 between the City of St. Anthony and Kathy Martin and authorizing the Mayor and City Manager
4 to execute said lease on the behalf of the City of St. Anthony.
5 Motion carried unanimously.
6 D. Resolution 94-055. re: Road Maintenance and Traffic Control Signals and Road
7 Maintenance with Ramsey County.
8 Motion by Marks, second by Enrooth to approve Resolution 94-055, Authorizing the Mayor and
9 City Manager to Execute the Agreement between Ramsey County and the City of St. Anthony
10 for Road Maintenance and Traffic Control Signals for the modification of the signal light at 39th
11 and Silver Lake Road.
12
13 Motion carried unanimously.
14 E. Consideration for Proposed Plan for Schematic Design of Community Center.
15 Morrison reported that this was the first step in completing the proposed Community Center. He
presented a proposal submitted by Williams/O'Brien Architects, Inc.,which contained a
description of the design and construction document phases as well as the fees and schedules for
18 the professional services associated with them. Morrison asked that the Council approve the
19 proposed schematic design now and then approve the rest of the contract at the December 13th
20 City Council meeting. He explained that the architect could-then get started and have the
21 schematics drawn before he meets with city staff. He stated that the School Board would be
22 leasing their requested 4800 square feet from the city. Since the city will be the owner of the
23 building, they will be assuming all architectural costs. He explained that they still need to
24 receive the Sports Boosters requirements for the proposed gym.
25 Ranallo stated that the Sports Boosters are in full support of the proposals presented to them.
26 They are proposing a double gym in which two teams could play at the same time.
27 Morrison suggested the possibility of adding on to the existing school structure and phase into
28 part of the building.
29
30 Motion by Enrooth, second by Marks to approve section 3, item 1 of the proposal submitted by
31 Williams/O'Brien Architects, Inc., to begin the schematic design of the Community Center.
32 Motion carried unanimously.
X. UNFINISHED BUSINESS -None.
City Council Regular Meeting Minutes
November 22, 1994
Page 14
1 XI. ADJOURNMENT.
2 Motion by Marks, second by Ranallo to adjourn the meeting at 7:43 P.M.
3 Motion carried unanimously.
4 Respectfully submitted,
5 Lorri Kopischke
6 TimeSaver Off Site Secretarial
7
g Mayor
9 ATTEST:
10 City Clerk
1 CITY OF ST. ANTHONY
2
CITY COUNCIL SPECIAL COUNCIL MEETING MINUTES
0 NOVEMBER 29, 1994
5
6
7 I. CALL TO ORDERIROLL CALL.
8 The meeting was called to order at 6:30 P.M. by Mayor Ranallo.
9
10 II. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Fleming.
12 Also Present: Michael Mornson, City Manager; City Attorney, William Soth; and Public
13 Works Director, Larry Hamer.
14
15 III. DISCUSSION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET (FAIN).
16 Mayor Ranallo reported that the purpose of this special City Council meeting was to
17 decide if it is necessary to complete the Environmental Assessment Worksheet. He
18 stated that the City Attorney had been working on the issue since the last meeting of
19 November 22, 1994. He reported that residents on Silver Lake have proposed eleven
20 items which they would like resolved. He stated that there was a meeting held yesterday
21 between Dennis Cavanaugh, C. G. Rein, and the representatives of Silver Lake
22 Homeowners Association. Cavanaugh has agreed to a number of items on the list but
23 not all items were agreed upon. The city has been asking the Home Owners Association
24 to withdraw their petition. The next step in the process would be to go to the Rice
Creek Watershed District and ask for a ruling giving CUB Foods and Knox Lumber
permits to start construction.
27
28 Dennis Cavanaugh, C. G. Rein Co., thanked the City Council for having this special
29 meeting. He then introduced Bob Beduhn, Barr Engineering, to present the proposed
30 drainage plan that has been presented to the neighbors.
31
32 Bob Beduhn, Barr Engineering, presented a sketch of the original proposition of the
33 drainage plan for Apache Plaza. The original proposal was for a three pond system.
34 The first pond would treat the storm water in the area of the proposed CUB Foods
35 parking lot. The second.pond would treat the storm water by New Market and the
36 employee parking lot and CUB Foods loading dock area. The third pond would treat
37 the run-off of Knox and Herbergers. In addition.to the proposed ponds, there was a
38 supervised maintenance agreement. This agreement included sweeping of the parking
39 lot, maintenance of the ponds and daily inspection of the parking lot. The City of St.
40 Anthony will oversee the maintenance efforts. The proposal has since been tabled and
41 Barr Engineering was told to redevelop the plans to something that would be agreeable
42 with the residents on Silver Lake and the Rice Creek Watershed District.
43
44 Beduhn presented the alternative proposal for the drainage plan at Apache Plaza. The
45 main focus of the new plan was that 100% of the parking lot area of Apache Plaza would
46 receive some form of water quality treatment. The proposed pond by CUB Foods and
also by New Market would stay the same in this plan. The third proposed pond would
8 be increased in size and incorporate the same area. In addition to increasing the third
City Council Special Meeting Minutes
November 29, 1994
Page 2
1 pond, this plan provides for several filter strips in the grassy areas by Silver Lake Road,
2 to further treat the run-off. The first filter strip, a small area, will route the run-off into
3 a catch basin where the large trash and sediments will be removed and the water will
4 then go into the storm sewer system. The second filter strip, a larger area, is equipped
5 with three water quality manholes. The trash, oil and large sediments will be removed
6 and the water will then go to the storm sewer system. The last filter strip will be located
7 by the bank. There is not much room in the area so they have. installed an oil, grit
8 chamber to remove debris and coarse items. This is the best drainage plan possible due
9 to the site constraints. It provides a significant addition in water quality treatment in
10 comparison to the first proposed drainage plan. The drainage plan is of higher quality
11 than ever conceived when the project was started.
12
13 Jim McNulty, St. Anthony resident, asked what a filter strip was and how the trash, oils
14 and sediments are removed.
15
16 Beduhn explained that a filter strip is a wide flat area of medium length grass,
17 approximately six inches high and the strip is four to five feet wide. The strips are
18 designed to treat run-off from small storm events. The water flows over these areas and
19 the sediments are trapped in the grass. Filter strips are similar to road side ditches that
20 are used in rural areas. The sediments accumulate and build up in the grass. When the
21 sediment reaches a certain percentage, the area is then excavated and reseeded. It is •
22 similar to the pondage system, whereas the ponds are allowed to fill up to 75% of
23 original volume and are then cleaned out. The developers have submitted a maintenance
24 agreement in which they will survey the ponds yearly and then report the status to the
25 city. Another addition to the new proposal is that the maintenance agreement has been
26 strengthened. It will now include weekly sweeping of the parking lot at Apache Plaza
27 and the developers will be required to report to the city on a quarterly basis.
28
29 Greg Carluca, St. Anthony resident, asked what the additional cost of the alternative
30 proposed plan would be.
31
32 Beduhn reported that the water quality manholes would be an additional $40,000 to
33 $50,000. The expansion of the third pond would be an additional $35,000.
34
35 Councilmember Marks stated that it appeared in the report that Barr Engineering had
36 prepared for the City Council, that the phosphates going into Silver Lake from Apache
37 Plaza parking lot would actually be reduced from what they presently are. He asked if
38 there was an estimate of how much phosphate was actually being contributed into Silver
39 Lake from the Apache Plaza parking lot.
40
41 Beduhn reported that Terry Noonan had prepared a report on the load of phosphorous
42 that was going into Silver Lake from the Apache Center parking lot. According to
43 Noonan, Apache Plaza currently contributes 14% of the load of phosphorous into Silver •
44 Lake per year. With the proposed drainage plan, that number will be reduced by 5%.
City Council Special Meeting Minutes
November 29, 1994
• Page 3
1 Apache Plaza will only contribute 9% of the phosphorous load into the lake. He stated
2 that this was a significant reduction.
3
4 Councilmember Enrooth noted that 91% of the phosphorous would still be coming from
5 other areas.
6
7 Bob Johnson, St. Anthony resident, commented that there are being improvements made
8 in other areas also, such as Wexfurd Heights and the Salvation Army Camp. He stated
9 that Ramsey and Anoka County were making improvements to the water quality of the
10 drainage into the-lake.
11
12 Shirley Speka, St. Anthony resident, asked if the Apache Plaza project was indeed going
13 to go through. She commented on all the talk she has heard about Silver Lake. She
14 stated that she works for the Food and Drug Department and has seen some test results
15 that indicate that the water in the lake has a high level of phosphorous. She asked if the
16 project was going to start in the spring.
17
18 Ranallo stated that if the city is able to get the project going, there will be improvements
19 made to the water quality of Silver Lake.
20
City Attorney Soth stated that the city has to determine whether to require an EAW to
be prepared or to deny the petition. He stated that a petition has been submitted
23 requesting an EAW. The City of St. Anthony has been appointed as the Responsible
24 Governing Unit by the Environmental Quality Board. It is now for the city.. to decide if
25 an EAW is required. The owners of Apache Plaza have submitted materials to support
26 that an EAW is not necessary. This means that there are no significant environmental
27 effects due to the redevelopment and proposed drainage plan. Soth reported that he has
28 submitted a letter to the City of St. Anthony concerning these matters and that he
29 concludes that there is not a sufficient basis for the city to require that an EAW be
30 completed. He stated that he has prepared a resolution to that effect. He advised that
31 the Council pass the resolution with certain findings set forth in support of the
32 resolution. He stated that if the Council does not approve the resolution, they then need
33 to approve the EAW and begin the preparation.
34
35 Ranallo asked what the cost and amount of time would be involved in preparation of an
36 EAW.
37
38 City Manager Mornson reported that he had conferred with two engineering firms, Barr
39 Engineering and Rieke Carroll Muller Engineering. They both stated that the
40 preparation of the EAW itself was not costly. It is responding to the public questions
41 that is time consuming and costly. He reported that the process can take from 90 to 120
42 days. The cost can be as much as $40,000.
q! Marks stated that in trying to do this project, the city is not only trying to effectively
45 renovate Apache Plaza into a viable business place but also effectively take care of the
City Council Special Meeting Minutes
November 29, 1994
Page 4 •
1 run-off from the parking lot. There has been substantial improvement made in the
2 drainage system proposed for this project. He determines from the literature he has
3 received from Barr Engineering and other sources that there is no significant impact to
4 the environment. He stated that there is in fact less ground cover now and that the
5 water quality of Silver Lake would improve with the project.
6
7 Motion by Marks, second by Wagner to adopt Resolution 94-057, Denying the Petition
8 for Preparation of an Environmental Assessment Worksheet (EAW) for Renovation of
9 Apache Plaza.
10
11 Ranallo reported that only 35-37 residents had signed the petition that had been
12 presented. He then read aloud the resolution that had been prepared by the City
13 Attorney as follows:
14
15 Resolution Den3ing the Petition for Preparation of an Environmental Assessment
16 Worksheet (EAW) for Renovation of Apache Plaza.
17
18 WHEREAS, a Petition was duly filed on November 9, 1994, with the
19 Environmental Quality Board of the State of Minnesota (EQB) by the required number
20 of petitioners requesting that an environmental assessment worksheet (EAW) be
21 prepared for the renovation of Apache Plaza proposed as Rice Creek Watershed District •
22 permit application No. 93-32; and
23
24 WHEREAS, pursuant to Minnesota Rules regarding the preparation of EAWs, by
25 letter dated November 18, 1994 the EQB has appointed the City of St. Anthony as the
26 Responsible Governmental Unit (RGU) to determine the need for an EAW; and
27
28 WHEREAS, the City Council of the City of St. Anthony, pursuant to Minnesota
29 Rules and the direction of the EQB, has as the duly appointed RGU, examined the
30 allegations set forth in the Petitioner's Petition; and
31
32 WHEREAS, the Apache Plaza project is not a new facility, and the renovation
33 and repairs of Apache Plaza will result in a reduction (not an expansion) of net floor
34 space of approximately 40,800 square feet, such that the project is below the thresholds
35 for the mandatory EAW and environmental impact statement (EIS) categories set forth
36 in Minn. R. 4410.4300, subpt 14(B) and 4410.4400, subpt. 11(B); and
37
38 WHEREAS, after consideration of evidence presented by the petitioners,
39 proposers, city staff, and other interested parties, together with the testimony presented
40 at the regularly scheduled City Planning Commission meeting of November 15, 1994 and
41 the City Council meetings of November 22, 1994 and a special meeting of November 29,
42 1994, the City Council has determined that the evidence presented does not demonstrate
43 that the Apache Plaza renovation may have the potential for significant environmental
44 effects; and
45
City Council Special Meeting Minutes
November 29, 1994
Page 5
1 WHEREAS, the City Council specifically finds that:
2
3 1. Apache Plaza has been present for more than twenty years;
4 2. No additional impervious surface area will be added as part of the
5 renovations;
6 3. The construction work itself is not expected to have an environmental
7 effect;
8 4. Stormwater run-off management efforts to be undertaken by the proposer
9 as part of the renovation will improve environmental quality in the vicinity
10 of the project as compared to the existing conditions, as described in the
11 November 28, 1994 Barr Engineering Co. Memorandum;
12 5. Any impacts are minimized by the limited degree of magnitude of the
13 project in that Apache Plaza will be reduced (not increased) in size by this
14 project;
15 6. Maintenance operations by Apache Plaza,.Ltd. described in the Stormwater
16 System Maintenance Agreement will reduce or eliminate impacts over time
17 during the life of the project;
18 7. Related future renovations or repairs have been taken into account and will
19 be mitigated by stormwater run-off management efforts described in the
20 November 28, 1994 Barr Engineering Co. memorandum; other future
projects are not currently anticipated; and
8. The City of St. Anthony, Rice Creek Watershed District, and the
23 Minnesota Pollution Control Agency will retain regulatory authority to
24 address any future. water quality issues in relation to Silver Lake and the
25 watershed associated with Apache Plaza.
26
27 As a record of its decision, the City Council includes the following information: this
28 resolution, the plans, the November 28, 1994 Barr Engineering Co. memorandum, the
29 Stormwater System Maintenance Agreement, the EAW petition, and all testimony and
30 materials submitted at the City Planning commission meeting of November 15, 1994 and
31 City Council meetings of November 22, 1994 and November 29, 1994.
32
33 WHEREAS, because the ordinances of the City of St. Anthony, together
34 with the required review and permitting processes of other agencies, including, but
35 not limited to the Rice Creek Watershed District, provide the necessary review
36 regulation and protection or mitigation measures to evaluate the appropriateness
.37 of the proposed Apache Plaza renovation,-the City Council has determined that
38 an EAW is unnecessary.
39
40 NOW THEREFORE, BE IT RESOLVED, that the City of St. Anthony,
41 Minnesota, acting as the duly appointed RGU, hereby denies the Petition of an
42 EAW for the Apache Plaza renovation and directs the City Clerk to notify in
writing the proposer, the EQB, and counsel for petitioners of this decision.
City Council Special Meeting Minutes
November 29, 1994
Page 6 •
1 Doug Jones, St. Anthony resident, commented that the resolution noted that testimony
2 had been presented at the Planning Commission meeting of November 15th and also at
3 the City Council meeting of November 22nd. He felt that the information being
4 presented at those meetings did not pertain to the proposed drainage plan but to the
5 primary development of the project. He stated that he had not had an opportunity to
6 present his objections to the storm drainage proposal.
7
8 Ranallo stated that there was opportunity at the Planning Commission meeting. The
9 drainage proposal was the last item on the agenda and was open to public discussion at
10 that time.
11
12 City Manager reported that no public hearing was required for the Apache Plaza
13 drainage plan but that the public had an opportunity to speak for or against it at the
14 aforementioned Planning Commission and City Council meetings. He advised that there
15 were minutes that reflected this.
16
17 Jones stated that he had not had time to prepare. He again stated that he had not had
18 an opportunity to present his objections to the proposed drainage plan.
19
20 Councilmember Fleming stated that Silver Lake will be cleaner with the proposed
21 project. She reported of her attendance at both of the aforementioned meetings and •
22 stated that there was opportunity for the public to speak at both.
23
24 Bob Johnson, 28 year St. Anthony resident, thanked the Mayor for trying to resolve this
25 issue. He stated that he was a member of the Committee formed by the Silver Lake
26 Homeowners Association and that the entire Association would like to see the project go
27 forward. Their only concern is that they want a clean lake.
28
29 Charles Finn, 2709 Silver Lane, objected to the stated amount of net floor space as
30 presented in the resolution. The resolution states a net floor space of 40,800 square feet.
31 Finn stated that if Knox Lumber is included in the calculations, the net floor space would
32 be 205,000 square feet and would make an EAW mandatory. He stated that after
33 construction is completed Apache will be increased by 70% rather that the less than 50%
34 as stated in the resolution. He stated that the roof run-off and 70% of the parking lot
35 are still not being addressed in the drainage plan. He also stated that further projects
36 are a possibility and have even been discussed at prior meetings.
37
38 Jim McNulty thanked the city for their efforts at making this project a success. He feels
39 that without this project St. Anthony will have nothing. He believes that the project will
40 really help Silver Lake. He stated that he thinks that some people really don't care
41 about the quality of the lake, they only want to stop the project.
42
43 Ranallo stated that the city has been working on the Apache Plaza project for three
44 years now. When the project was started, the city was working under the regulations
45 which were in place at that time. He stated that without Apache Plaza, there would be
City Council Special Meeting Minutes
November 29, 1994
Page 7
1 no schools in St. Anthony, as the residents could not afford to fund the schools. When
2 the project started, Apache Plaza was valued at 6.1 million dollars. As of this date, the
3 value has dropped to 5 million dollars and will continue to drop until it reaches bottom.
4 If this would happen, it would be unsure, who would buy the property and what it would
5 be used for. He stated that there have been a lot of complaints that the city staff is not
6 doing anything for St. Anthony. The city is trying to do something now, but the residents
7 are stopping them. Ranallo stated that CUB Foods and Knox Lumber are Fortune 500
8 companies. He reported that CUB Foods and Knox Lumber have both expressed the
9 desire to begin construction on the project. He recommended that residents attend the
10 Rice Creek Watershed District meeting Wednesday, November 30th and support the
11 proposed Apache Plaza drainage system.
12
13 Geraldine Chanessey, St. Anthony resident, stated that she feels Apache Plaza, as it is
14 now, is an added crime area. She stated that she has tried to go shopping at Apache in
15 the evening and has seen as many as twelve teenagers loitering near the old Montgomery
16 Wards area. It has frightened her so, that she drives around to the other side of the mall
17 because she is afraid to get out of her car. She has experienced this at least six times.
18
19 Enrooth called for the question.
20
1 Motion carried unanimously.
23
24 V. ADJOURNMENT.
25
26 Motion by Marks, second by Enrooth to adjourn the meeting at 7:05 P.M.
27 a
28 Motion carried unanimously.
29
30
31 Respectfully submitted,
32
33 Lorri Kopischke
34 'TimeSaver Off Site Secretarial
35
36
37
38
39 Mayor
40
41
42
6 ATTEST:
City Clerk
45
. ain diQ ill e C/
DATE: December 13, 1994 APPROVAL:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Heating License:
TEK Mechanical Services, Inc.
• Contractors License:
Step by Step Montessori School of St. Anthony, Edina, MN
Imaginality, Minneapolis, MN
DORSEY & WHITNEY
A P&e EVSEv InCLWWNG C M"a&TIOw•
P.O. BOX 1680
X11\\E:SOT:155 480-1680
• (612)340-2600
61-(I��itji
(Tax Idenufe a i i.m\i. I
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES �` �('Ate.
v�
Client: 178820 ayoo.00
i
City of St. Anthony, Minnesota
Attn: Mr. Michael J. - Mornson November 21, 1994
3301 Silver Lake Road
Invoice No. 387917
St. Anthony, MN 55418
For Legal Services Rendered Through 10/31/94
Matter: 47
General
Gross Golf Course $75.00 —
3111 Silver Lake Road $530.00
Workers Compensation Matter $375.00 —
•
MPRS Litigation . $1,050.00 —
Regulation of Adult Businesses $825.00 —
Review agenda materials and minutes; discussions-
with City Manager $75.00 —
Total For Legal Fees $2,930.00
Plus Disbursements Per Attached $277.82
Total This Statement $3,207.82
• 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.
TDfi Rieke Carroll Muller Associates, Inc. INVOICE /
Engineers • Architects • Land Surveyors STATEMEN'
j P O BOX 130 ci P 0 BOX 776 P 0 BOX 51 15 5th STREET N E. ❑ 211 1st AVE. N.W.
5 o21TE 1
M
'J R.NETONKA. MN 55343 GAYLORD. MN 55334 ST, CLOUD. MN 56301 GRAND RAPIDS. MN 55744
DECEMBER 5, 1994 j
INVOICE NO. 12560
PROJECT NO. 10278. 02
CITY OF ST . ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN. 55418
I
ATTN: LARRY HAMER
FOR : 1995 STREET RECONSTRUCTION - DESIGN
PROFESSIONAL SERVICES FROM OCTOBER 30, 1994 TO NOVEMBER 26, 1994
----------------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS RATE AMOUNT
SR CIVIL ENGR 16. 5 80. 00 1 , 320. 00
CIVIL ENGINEER 52. 2 65. 00 3, 393 . 00
• SR CIVIL TECH 16.0 , ;_ . . 60. 00 960. 00
DRAFTSPERSON 34. 0 45. 00 1 , 530. 00
SECRETARY/REPRO 16. 6;_:`. ,,:. 40. 00 664 . 00
TOTALS 135. 3 7, 867. 00
TOTAL LABOR 71867. 00
REIMBURSABLE EXPENSES
HIRED TRAVEL 11 . 89
PERMIT FEES /9�44xlv) 150. 00
POSTAGE 33. 54
TOTAL REIMBURSABLES 195. 43 195. 43
TOTAL THIS INVOICE S 8,062 . 43 i
i
i
i declare under the penalties of law that this account, claim or demand
's just and re Zan. no Ah of it has been paid.
SIGNATURE OF CLAIMANT
December 6,"1994
Mr. Larry Hamer
Public Works Director
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: Invoice for Engineering Services
October 30, 1994 to November 26, 1994
1995 Street Reconstruction
St. Anthony, Minnesota
RCM Project No. 10278.02
Dear Larry:
The following is a list of personnel and tasks performed for the 1995 Street
Reconstruction Project during the month of October:
rieke Senior Civil Engineer
carroll Bob Robertson 16.5 hours Compute quantities, review plans
mulier •
associates,inc.
en sneers Civil Engineer
architects Mark Anderson 52.2 hours Prepare final.plans and specifications
land surveyors
equal opportunity Civil.Technician
employer Charlie Wallin 32.0 hours Compute quantities
Draftsman
Dave Johnson 34.0 hours Final plans
Secretary
Karen Anderson 16.6 hours Typing specifications, assessment role,
plan holders list and mailing
Please call if you have any questions.
Sincerely,
7, � 4
Mark C. Anderson, P.E.
Project Manager
RIEKE CARROLL MULLER ASSOCIATES, INC. •
10901 red circle drive
box 130
minnetonka,minnesota 55343
612-935-6901
fax 612-935-8814
CRC-FINANCIAL-SYSTEM ST—ANTHONY-V-IL-L-AG
11/22/94 15:40 Check Register GL540R-VO4. 15 PAGE
-BANK VENDOR rHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004026 APACHE PLAZA MERCHANTS 6777 11/23/94 118.00
004027 ARONSON/TIMOTHY 6778 11/23/94 120.00
-004040 BOYD-ROUSER-LANDY-&-IOBA 47-79-44-/-2-3/94 1 ,-003-0-74
004059 CARLSON/CARY 6780 11/23/94 300.00
004098 COMMERCIAL LI-FE INS CO 6781 11/23/94 15.30
0041-20— EAGL-E-WI-NE-CO 67-8 2-4 1/-23/94 1 , 1-02.--66 -
004130 ECOLAB 6783 11/23/94 223.28
004411 FIRSTAR ST ANTHONY BANK 6784 11/23/94 20,000.00
004140 F-LUSH-DR-AI-N-&-SEWE-R-GL-NG --6-7-&5-14-/-2-3/J9 4 89:00
004175 GRIGGS COOPER & CO INC 6786 11/23/94 18,475.03
004185 GROUP HEALTH PLAN INC - 6787 11/23/94 862.88
— 004202 HENN-GT-YSUP-RORT-&--GOLL 6758-14-/-2-3/94 243-00
004208 I C M A . RETIREMENT TRUS 6789 11/23/94 20.00
004220 JOHNSON WINE ' CO 6790 - 11/23/94 16,248.38
x,042-25 KRAFT-F-OODSER E _6-79-1-14-/-2-3/-9 4 --61-6 2-8
004365 MEDICA CHOICE 6792 11/23/94 1 ,572.01
.00001 MONARCH MARKING SYSTEMS 6793 11/23/94 902.90
004334 NOR-T44EAS 414-A23/94 "24
00
004335 NORTHERN STATES POWER 6795 . 11/23/94 3,042. 54
004357 PARTY BELL ENT. 6796 11/23/94 175.00
Amok 4356 PE-RRY4-DONALD "°7-14-/-23/-94 8 1 6
004360 PHILLIPS WINE & SPIRITS 6798 11/23/94 5,890.94
004376 PRIOR WINE CO 6799 11/23/94 3,456. 14
38&---QUAL3-T*--W4-NE-GO 68-00 :11/29/94 5-4-26-.98
004415 SAVOIE SUPPLY .CO 6801 11/23/94 306.24
004404 ST . A. LIQUOR #2 PC 6802 11/23/94 114.-70
0 642 STN-T-HONI G-iAM8Ef2-0F `°a3-1-1/23/-94 22-5.-Oa
004285 STAR TRIBUNE 6804 11/23/94 33. 58
004466 SYSCO-MINNESOTA 6805 11/23/94 42. 15
004492 U S—WEST-C-OMMUNIGA-T-I-ONS 6806-14/23/94 645.-27
004491 UNITED WAY 6807 11/23/94 15.00
004270 VAN-O-LITE 6808 11/23/94 194. 91
LIQUOR CHECKING ACCOUNT 81 ,684 .27 **
•
RR(: F 7'J ' � �-T j;L C1' Tr M •T . ANTHQL ( jT L
:012/07/94 13: 57 Check Register GL540R-VO4 . 15 PAGE
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST . ANTHONY CHECKING
00026 A T & T 8028 12/14/94 6.01
00025 A T « T INFORMATION SYST 5029 12/14/94 60.31
000020 AA EATTEz,Y C0 E0 Z,0 1.2/14/94
000058 AIRSIGNAL INC 8031 112/14/94 21 . 40
007338 AMERICAN EXPRESS E-032 12/14%94 116. 33
000120 AMERICAN LINEN 8033 12/14/94 13.:0
005028 AMERICAN SEMI-PARTS INC 8034 12/14/94 5.22
008194 ARMAMENT SYSTEMS & PROC. 8035 12/14/94 95.00
007332 BAUER BUILT INC. 8036 12/14/94 58. 70
005261 BLUMBERG COMIriUNICATIONS 8037 1-2/14/94 260. 93
008034 BRC ELECTIONS MDWEST REG 8038 12/14/94 145.00
008117 BUSINESS RECORDS CORP. -F 8039 12/14/94 49.40
000610 CATCO CLUTCH & TRANS SVC 8040 12/14/94 4.71
002335 CELLULAR ONE 8041 12/14/94 134.71
005198 CENTRAL LOCK & SAFE CO 8042 12/14/94 15.89
008108 CITY OF ST PAUL 8043 12/14/94 58.04
000685 COAST TO COAST 8044 12/14/94 365. 70
007050 COOKE/J P CO 8045 12/14/94 34. 14
.; 007178 D-ROCK CENTER & SMALL EN 8046 12/14/94 26.36
008180 DANKO EMERGENCY EQUIPMEN 8047 12/14/94 471 .96
_ 005122 DRUSCH/DONALD 8048 12/14/94 75.00
000200 EARL ANDERSON ASSOC 8049 12/14/94 661 . 12
000910 FAMILY MEDICAL CLINIC 8050 12/14/94 426.00
001025 G & K SERVICES 8051 12/14/94 75.02
001030 G & K SERVICES 8052 12/14/94 209.09
001060 GARELICK STEEL CO 8053 12/14/94 -108.60
007114 GENERAL SAFETY EQUIPMENT 8054 12/14/94 97.25
001145 GLENWOOD INGLEWOOD 8055 12/14/94 31 .20
001241 GRACE/DUANE 8056 12/14/94 963.00
007188 H & L MESABI INC 8057 12/14/94 270. 70
.001505. HENN CO SHERIFF. 8058 12/14/94 15, 122.37
.00008 HENNEPIN CNTY TREASURER 8059 12/14/94 28.98
008187 HENNEPIN COUNTY TREASURE 8060 12/14/94 659.80
008206 HJERPE/JACQUELINE 8061 12/14/94 63.50
001580 HYDRAULIC SPECIALITY CO 8062 12/14/94 330.91
001603 INDUSTRIAL DOOR CO 8063 12/14/94 100.00
005254 INTER ASSOC CHIEFS POLIC 8064 12/14/94 100.00
001680 J C AUTO SUPPLY 8065 12/14/94 13.06
.00001 K-BRO SALES & SERV. INC. 8066 12/14/94 1 .246.05
.00002 LANO EQUIPMENT, INC. 8067 12/14/94 54. 18
005033 LOWELL'S 8068 12/14/94 82.86
008207 MCGRUFF 'S 8069 12/14/94 736.47
007129 MEDTOX 8070 12/14/94 45.00
002280 MIDWEST ASPHALT CORP 8071 12/14/94 131 .46
005010 MINN CONWAY FIRE & SAFET 8072 12/14/94 75.60
002380 MINNEGASCO INC 8073 12/14/94 4, 190.46
002060 MINNESOTA BOLT & NUT COM 8074 12/14/94 27 . 15
.00010 MINNESOTA'S BOOKSTORE 8075 12/14/94 383.40
SRC FINANCIAL SYSTEM ST. ANTHONY VILL ,
12/07/94 13:57 Check Register GL540R-VO4. 15 PA
BANK VENDOR CHECK# DATE AMOUN
FIRS FIRSTAR ST. ANTHONY CHECKING
002360 MN CONWAY FIRE & SAFETY 8076 12/14/94 123.69
.00009 MN DEPT OF COMMERCE 8077 12/14/94 32.00
_ 008137 MURPHY'S SERVICE CENTER 8078 12/14/94 38.50
002680 NORTHERN STATES POWER 8079 12/14/94 552.23
007043 NORTHERN STATES POWER 8080 12/14/94 2, 131 .49
_ 007317 NORTHERN WATER WORKS SUP 8081 12/14/94 387 . 13
002720 NORWEST SANK MPLS NA 8082 12/14/94 136.75
002860 PFEIFFER/RICHARD 8083 12/14/94 63.79
002940 POSTMASTER 8084 12/14/94 350.00
003000 RADIO SHACK 8085 12/14/94 333.05
008158 RAMSEY COUNTY 8086 12/14/94 46.23
008082 RED WING SERVICE CO 8087 12/14/94 240.00
003080 ROLLINS OIL CO. : 8088 12/14/94 1 ,661 .84
003315 SERCO LABORATORIES 8089.: 12/14/94 375.00
00001 SNYDER DRUG #71 8090 12/14/94 44.71
005191 STEWARTS BLDG MART 8091 12/14/94 6.62
003490 STREICHER'S 8092 12/14/94 100. 11
005281 SYNDISTAR 8093 12/14/94 107.00
003260 T A SCHIFSKY & ...SONS 8094-.J2/14/94 418.80
.00002 T.C. AREA MGMT COUNCIL ' 8095 12/14/94 35.0
00003 THE ROGNESS EBUIPMENT CO 8096 12/14/94 75.�
-' 008202 TIME SAVER OFF SITE SEC 8097 12/14/94 619.50
008018 TREADWAY GRAPHICS 8098 12/14/94 223 .00
007044 TWIN CITY JANITOR SUPPLY 8099 12/14/94 407. 15
007341 U.S. TIRE &:. EXHAUST- 8100: 12/,14/94 . 114.74
008010 UNIFORMS.-UNLIMITED .8101 =12/.14/94 1',714.93
002700 US WEST COMMUNICATIONS 8102 12/14/94 663.99
.00006 USA LIGHTS 8103 12/14/94 46.74
003710 VAN 0 LITE INC 8104 12/14/94 388.65
003735 WASTE MGMT 8105 12/14/94 152.41
: '
S NORTH.EAST:.RENTAL 8106. 12/14/9.4
00007 WHITE 37.27
003820 : ZAHL EQUIPMENT' COMPANY 8107 .12/14/94 `:'3 -
003840 ZEP MFG COMPANY 8108` 12/14/94 86.06
FIRSTAR ST. ANTHONY CHECKING 40,075.43
3613 Coolidge St. NE
St. Anthony, MN 55418
November 21, 1994
Mr. Larry Hamer
St. Anthony Village City Hall
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Hamer:
As a follow-up to our telephone conversation this afternoon, I am
including the details of our proposed hot chocolate sale
.benefitting the Early Childhood Family Education program at the St.
Anthony Community Center.
We are interested in selling single-serving hot chocolate at the
Central Park skating rink warming house on the weekends during the
school district's winter break. We would probably sell from the
hours of 1: 00 - 6: 00 p.m. on Saturdays and Sundays in late December
and early January. We would charge approximately .50 per cup.
I have spoken with Steve Bray from the Hennepin County Health
Department, and he stated that since the sale would be over a short
period of time, was benefitting a not-for-profit organization, and
involved little food handling, we would not need any special
license or permit from the Health Department. He suggested only
that we get our water from an "approved source" (ie: in compliance
with Health Dept. standards) , use single-use disposable cups and
stirrers, and use pre-packaged, single-serving hot cocoa mix (the
type you mix with hot water) . In addition, he suggested that the
sellers (people involved with the Early Childhood program) , use
routine sanitation procedures (ie: washing hands) .
The members of the ECFE Board feel that we would make some money to
help finance our programs and allow us to purchase some needed
equipment. We also feel that this would be a nice service for the
skaters in the community.
Please let me know of -the Council 's decision at your earliest
convenience so that I can report to the ECFE Board at our next
meeting. I look forward to hearing from you.
Sincerely,
Marie Pomeroy
ECFE Board Member
MEMORANDUM
DATE: December 7, 1994
TO: Mayor and Councilmembers
Planning Commissioners
Department Heads
FROM: Michael Mornson, City Manager
ITEM: UPDATED - MEETINGS SCHEDULED FOR DECEMBER, 1994
AND JANUARY, 1995
DECEMBER MEETINGS
December 13 Regular Council meeting 7:00 P.M.
December 14 Final Truth in Taxation 5:00 P.M.
December 20 CANCELLED 7:00 P.M.
*December 27 Regular Council meeting 7:00 P.M.
JANUARY MEETINGS
January 3 Council Work Session (if needed) 7:00 P.M.
January 10 Regular Council meeting 7:00 P.M.
January 17 Planning Commission meeting 7:00 P.M.
January 24 Regular Council meeting 7:00 P.M.
*This December meeting may be cancelled.
CITY OF ST. ANTHONY
RESOLUTION 94-059
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
AN ARCHITECT
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
authorizes the Mayor and City Manager to execute the Agreement Between Owner
(City of St. Anthony) and Architect (Williams/O'Brien Associates, Inc.) on behalf
of the City.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
I
November 17, 1994
Mr. Michael J. Mornson
City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Dear Mike,
You had asked for a further description of the design and construction document phases as well as
the fees and schedule for the professional services associated with them.
The attachments contain the following information:
1. A description of the design phases and the product produced.
2. A typical schedule and fee breakdown.
3. A proposed schedule, fee breakdown, and description for earlier bidding.
4. Project Cost Summary
Note that item 3 above suggests that we get started earlier than mid-December if possible and
that we combine a couple of phases to allow us to complete our work more quickly for an earlier
bid date. We used this procedure for the Family Service Center in New Brighton and it worked
very well. If we could start within the next week, we will be able work with your departments
to finish the program refinement and get well into schematic design before the holiday season.
People usually aren't as available during that time of year and if we have the information we
need, we can be very productive over the holidays.
If the suggested schedule is acceptable to the Council and School Board we can begin with a letter
of authorization similar to the way the Concept Study was done while we work out the overall
contract. You have the option of stopping the work at any stage.
Please let me know if you have any questions. I hope this is concise enough; it is difficult to
convey this much information in a paragraph or two.
Sin rely,
s .
VAIAAAM&O'BRIEN ARCHITECTS.INC. 11113rdAVENUESOUTH SLATE 156 MINNEAPOLIS.MN 55404 612339.8981 ARCHITECMPLANNERS
1 . DESCRIPTION OF PROJECT PHASES
Schematic Design: Produces site plan, floor plans and basic building elevations for the building
design which illustrate the scale and the relationships,of the building spaces and components, as
well as their location on the site. These are very preliminary in nature but are more detailed
than the type documents produced during the Concept Study work we have done to date. They will
show the building corridors, where the various rooms are located, their size, and possibly some
of the furniture layouts. Preliminary building elevations and a cost estimate are also produced.
Design Development: Refines the program and design to a greater degree of detail. Structural,
mechanical, and electrical systems are selected, building materials and equipment are selected,
and the final building size and appearance are determined. The products of this phase are more
detailed and final-site plans and floor plans, final building elevations, and cost estimates.
Construction Document: This phase is for translating the building design into the detailed plans
and specifications required to bid and build the project. We continue to update the construction
cost estimate as the final materials selections are made, systems designs are finalized; and
details are developed:The products of this phase are the plans and specifications used for bidding
and building the facility.
Bidding: During this phase we assist with advertising for bids, issue the plans and specifications
to the bidders, answer questions the bidders may have, assist with the opening and evaluation of
the bids, and assist with the award and preparation of contracts.
Construction: Services include periodic site observation to review the progress and quality of
the work, assistance with the processing of payments to the contractors, prepare change orders,
conduct periodic progress meetings. etc., and assist-with the closeout of the project.
The above are described in more detail in the Form of Agreement sent last week.
2 . TYPICAL SCHEDULE WITH FEE BREAKDOWN
A typical fee breakdown and fee distribution is as follows:
(assume starting Dec. 14th as you indicated may be the schedule)
Phase Fee Schedule Est. Complete
Schematic 15% 29,550 4 to 6 weeks Jan 31, 1995
Design Development 20% 39,400 4 to 6 weeks Mar 15
Construction Documents 40% 78,800 6 to 8 weeks May 15
Bidding 5% 9,850 3 to 4 weeks June 12 1995
Construction 20% 39,400 8 to 12 months Feb-Mar 1996
Total 197,000
3 . PROPOSED SCHEDULE AND FEE BREAKDOWN
We would like to suggest a modification to the typical situation; we would like to get started as
soon as we can and we would like to combine the Design Development and Construction Document
phases. We would like to be ready to bid by late March or early April in order to be able to take
advantage of what appears might be the best bidding climate,
Phase Fees Q VIZ Qchedule
Schematic Design 20% 9,400 Complete by January 13th
Design Dev/Const Doc 55% 108; 50 Complete by April 7th
Bidding 5% 9,850 Complete by April 28th
Construction 20% 39,400 Start May 1 st
Total 197,000
We.would be slightly into Des. DevJConst. Doc. when Schematic is formally completed because
with an accelerated schedule the phases overlap somewhat. That, of course, helps the schedule.
In addition to getting started earlier than mid-December, we would also like to combine the
Design Development and Construction Document phases which will allow us to accelerate our
work by avoiding the delay of a formal conclusion and approval of each phase. We used this
procedure for the Family Service Center in New Brighton and it worked very well. In fact we
combined the Schematic, Des. Dev., and Const. Doc. phases. The design process we will use will
keep the City involved and informed throughout the evolution of the documents therefore a
formal client review period at the completion of phases shouldn't be necessary.
4 . PROJECT COST SUMMARY
With the reduction of the Community Services net areas to 4,800 sf, the total area will be
approximately 38,000 sf and the construction cost is reduced. The estimated construction cost
has been revised to reflect the current area and is included in the project cost itemized below:
Estimated Construction Cost 2,820,000
Architectural Fee (7%) 197,000
Tests/Survey/Reimb. 26,000
Subtotal 3,043,000
Contingency (5%) 152,000
Total 3,195,000
Hazardous material abatement not included as yet.
a
DOI3SEY & WHITNEY
A PA-RDSHIP L.CLLDI.O P.OM33I.."C-M-TIOMf
NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN
WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS
MINNEAPOLIS, MINNESOTA 55402-1498
DENVER (612) 340-2600 GREAT FALLS
PAX(612)340-2868
ORANGE COUNTY, CA M I S S O U LA
LONDON DES MOINES
Vvnjj H R.BOTH
BBUSSELS (612) 340-29M FARGO
November 29, 1994
Mr. Michael J. Mornson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: City Hall/Community Center
Dear Mike:
I have reviewed the proposed Standard Form of Agreement between Owner
and Architect (AIA Document B 141). This document is prepared by the American
Institute of Architects, and tends to favor the architect, rather than the.owner, in
various respects. I have prepared a form of contract which I think we should use. It
is in the same general format as the standard AIA form, but I think it is more
balanced between the owner and the architect. I believe we should use this rather
than the standard form.
I am enclosing a copy of my draft of the contract. As you can see, a number of
items need to be dealt with by way of exhibits, but this is a form of contract that the
architect could review.
If you have any questions or comments on the proposed contract, please let
me know. If not, it could be submitted to Williams-O'Brien for their review.
Very yours,
1 iam R. Soth
WRS:gle
Enclosure
CONTRACT FOR ARCHITECTURAL SERVICES
This Agreement is entered into as of , 199J by and between the CITY
OF ST. ANTHONY, a municipal corporation under the laws of the State of
Minnesota ("Owner"), and WILLIAMS-O'BRIEN ASSOCIATES INC., a Minnesota
corporation ("Architect").
A. The City Council of the City, by proper action duly adopted at its meeting on
199, did authorize a contract with Architect for the performance of
architectural and engineering services for the preparation of plans for a new City
Hall and Community Center (the "Project"), and if the City proceeds with
construction of the Project, for the inspection of the construction thereof, at the fee
set forth in this Agreement.
B. The parties wish to set forth in this Agreement the terms under which
Architect will provide such services to the City.
NOW, THEREFORE, in consideration of the covenants, terms, conditions and
agreements hereinafter contained, it is mutually agreed by and between the parties
hereto as follows:
ARTICLE 1. DEFINITIONS.
1.1 The "Architect" means the party identified as such in the first paragraph of this
Agreement, and is referred to throughout this Agreement as if singular in number
and neuter in gender.
1.2 "Contract" means the construction contract to be entered into between the City
and-the Contractor and covering the Work to be completed by the Contractor
pursuant to the Contract Documents.
1.3 "Contract Documents" means collectively the Contract, together with the Project
manual, Drawings, Specifications, and all other documents, addenda and
modifications describing the Work to be completed pursuant to the Contract.
1.4 "Contractor" means that person, firm or entity selected by the City to complete
the Work pursuant to the Contract Documents. The Contractor is referred to
throughout this Agreement as if singular in number and neuter in gender.
1.5 "Drawings" means collectively all Drawings for the Project which are a part of
the Contract Documents.
1.6 The "City" means the City of St. Anthony and is referred to throughout this
Agreement as if singular in number and neuter in gender. The term City means the
City or its authorized representatives.
1.7 "Progress Schedule" means the schedule attached hereto as Exhibit "A" as
modified and supplemented by the City and the Architect for the construction and
completion of the Project.
1.8 "Project" means the total construction of which the Work performed under the
Contract Documents may be the whole or a part, as.more fully described on Exhibit
"B" attached hereto, as the same maybe modified by the City.
1.9 "Project Budget" means a budget for the Project, with line items and detail as
established by the City. Any modifications to the Project Budget shall require the
City's approval.
1.10 "Site" means the land on which the Project is to be located.
1.11 "Specifications" means all specifications for the Project and all other
documents prepared by the Architect (other than the Drawings) which set forth in
detail the requirements for the construction of the Project.
1.12 "Subcontractor" means any subcontractor, laborer, materialman or supplier of a
Contractor(s) (or of any other Subcontractor).
1.13 "Work" means the completed construction required by the Contract
Documents, and including all labor necessary to produce such construction, and all
materials and equipment incorporated or to be incorporated in such construction.
The Contractor(s) and Subcontractors will be required under the Contract
Documents to furnish or cause to be furnished all labor, equipment, machinery,
tools, materials and appurtenances necessary to complete the Work required by the
Contract Documents.
ARTICLE 2. PROTECT CONSTRUCTION COST.
2.1 Project Construction Cost, as herein referred to, means the total cost of the
Work, but does not include any payments made to the Architect or any other
consultants or engineers, movable furniture and fixtures, or costs relating to
acquisition or testing of the Site.
2.2 Project.Construction Cost shall be based upon one of-the following sources with
precedence in the order listed:
2.2.1 Lowest bona fide Contractor's proposal received for any or all portions of the
Project and acceptable to City.
-2-
2.2.2 The Project Budget.
2.2.3 The Architect's latest Statement of Probable Project Construction Cost based on
current area, volume or other unit costs.
2.3 When labor or material is furnished by the City, the Project Construction Cost
shall include such labor and material at current market cost.
2.4 As part of its Basic Services, the Architect shall consult with the City regarding
the Project Budget. As part of its Basic Services, the Architect shall assist in
analyzing the City's detailed breakdown of cost and shall make recommendations at
the City's request.
ARTICLE 3. ARCHITECT'S BASIC SERVICES.
3.1 GENERAL
3:1.1 The Architect shall consult with the City and attend such coordination and
planning meetings and/or conferences as are needed to ascertain the requirements
of the Project. The Architect understands and agrees that the City will be involved
in the decision-making processes with the Architect throughout the design and
construction of the Project. City's involvement will include the technical and
administrative aspects of design and construction.
3.1.2 All engineering Drawings shall be prepared under the supervision of a
Minnesota registered engineer in the appropriate division of engineering and shall
bear the seal or certification of that engineer. The City reserves the right to approve
or reject engineers employed by the Architect, and the Architect will not retain the
services of any engineers without prior approval of the City. All engineers retained
by Architect for the Project will attend Contractor's coordination meetings held at
regular intervals during the course of construction, and such engineers shall make
periodic inspections of the portions of the Work designed by them. Structural
engineers shall check the placement of reinforcing steel before structural concrete is
poured.
3.1.3 The Architect agrees to use all reasonable care and diligence to perform its
Work in a skillful manner, and the acceptance of the Architect's Work by the City
does not act as a release of the Architect from its obligations and responsibilities
under this Agreement.
3.1.4 The Architect's Basic Services consist of all architectural and engineering
services attendant to the phases described in this Agreement, including structural,
mechanical, electrical, HVAC, plumbing, fire protection/life safety. The services of
-3-
all engineers and consultants retained by the Architect will be considered a part of
the Basic Services provided by the Architect, and the Architect will be responsible to
the City for the services of such engineers and consultants. All of the Architect's
Basic Services will be provided in accordance with the Progress Schedule, but the
Architect will not be responsible for delays beyond its control.
3.1.5 The Architect shall review the Drawings and Specifications with the
appropriate governmental authorities with regard to compliance with applicable
laws, ordinances and building codes during the various design phases. Prior to the
release of any Drawings and Specifications for bidding purposes, the Architect shall
submit to the City a statement that the Drawings and Specifications have been
prepared in accordance with all applicable laws, ordinances, and codes.
3.1.6. The Architect shall prepare and furnish to the City a memorandum of each
meeting with the City, Contractors, building officials, and others regarding the
Project.
3.2 SCHEMATIC DESIGN PHASE
3.2.1 The Architect shall review the program developed by the City to ascertain the
requirements of the Project and shall arrive at a mutual understanding of such
requirements with the City. The Architect shall deliver to the City an outline of the
information that the Architect requests to be provided by the City in order for the
Architect to prepare the Schematic Design Documents.
3.2.2 Based on the mutually agreed upon program and Project Budget requirements,
the Architect shall prepare, for approval by the City, Schematic Design Documents
consisting of Drawings and other documents illustrating the scale and relationships
of the Project components.
3.2.3 The Architect shall submit to the City a Statement of Probable Project
Construction Cost based on current area, volume or other unit costs.
3.3 DESIGN DEVELOPMENT PHASE
3.3.1 The Architect shall prepare from the approved Schematic Design Documents,
for approval by the City, the Design Development Documents consisting of plans,
elevations and other Drawings, and outline Specifications, to fix and illustrate the
size and character of the entire Project in its essentials as to kinds of materials, type
of structure, mechanical and electrical systems and such other Work as may be
required.
3.3.2 These Design bevelopment Documents will be in accordance with the
statement of needs furnished by the City and the Project Budget. The development
-4-
of such Drawings shall be continued by the Architect until they meet with the
approval of the City and of all agencies of the State of Minnesota and other
governmental agencies having jurisdiction over the Project, from which approval is
mandatory according to law. The Architect shall not proceed with the preparation
of construction Drawings until the Design Development Drawings unless and until
the estimates of cost have been approved in writing by the City and the Project
released by the City for preparation of construction Drawings. It is understood that
the Architect does not guarantee the accuracy of the estimates of cost.
3.4 CONSTRUCTION DOCUMENTS PHASE
3.4.1 The Architect shall prepare from the approved Design Development
Documents, working Drawings and Specifications setting forth in detail the Work
required for the architectural, structural, mechanical, electrical, service-connected
equipment and Site Work, and the necessary bidding information, General
Conditions, Supplementary General Conditions, and Special Conditions of the
Contract.
3.4.2 Before the Construction Documents are complete the Architect shall have
prepared a detailed analysis of Probable Project Construction Cost establishing unit
costs estimates of various components of the Project. The Architect shall keep the
City informed, in writing, of any adjustments to previous Statements of Probable
Project Construction Cost indicated by changes in scope, requirements or market
conditions, and shall furnish the City a revised estimate of construction costs upon
completion of Construction Documents.
3.4.3 The Drawings and Specifications shall be prepared by the Architect in
accordance with the local building ordinances and the regulations of the authorities
of the State of Minnesota having jurisdiction. The Architect shall submit all
Drawings and Specifications to all public authorities having jurisdiction and shall
obtain their approval.
3.4.4 The Architect shall prepare plans, Specifications and Contract Documents in
such form that independent bids may be obtained for mechanical, electrical or other
normally separable parts of the Project, in the discretion of the City.
3.4.5 The Architect agrees to include provisions for alternate bids so as to meet the
specified cost limit or to revise plans and Specifications to meet the cost at no
additional fees to the City, provided bids are taken within 2 months of the date of
the Architect's final estimates.
3.4.6 During the course of construction, Architect shall cooperate with the City and
Contractor in preparation of marked-up prints, "as-built" Drawings and other data
necessary for documentation of changes in Work.
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3.5 CONSTRUCTION PHASE—GENERAL ADMINISTRATION OF
CONSTRUCTION CONTRACTS
3.5.1 The Construction Phase will commence with the award of the Contract or
Contracts for the Project, and will terminate when final payment is made by the City
to the Contractor(s).
3.5.2 After all Drawings and Specifications are approved by the City and all other
public authorities having jurisdiction, whose approval is necessary and requisite by
law, the Architect shall not.authorize any changes without the written approval of
the City.
3.5.3 Unless otherwise provided, the Architect shall provide administration of the
Contract Documents to the extent provided by the General Conditions of the
Contract for Construction, AIA Document A201. Architect shall check, evaluate
tests when necessary, and approve samples, schedules, shop Drawings and other
submissions only for conformance with the design concept of the Project and for
compliance with the information given by the Contract Documents, prepare change
orders and assemble written guarantees required of the Contractors.
3.5.4 The Architect and the engineers employed by the Architect shall make periodic
visits to the Site to determine if the Work is proceeding in accordance with the
Contract Documents. On the basis of observations at the Site, the Architect will keep
the City informed of the progress of the Work and shall endeavor to guard the City
against defects and'deficiencies in the Work of the Contractor.
3.5.5 The Architect shall, immediately upon the discovery of any defects or
deviations from the Drawings and Specifications, report the same to the City and
shall, at the same time, advise the City of the corrective orders or instructions which
were given to the Contractors.
3.5.6 The Architect shall be responsible for obtaining from the Contractor(s) at the
start of the Work a coordinated schedule of the Work, including anticipated
purchases and delivery dates of large items of equipment, the date on which the
building is expected to be enclosed, and when the permanent,heating plant must be
placed in operation. The Architect shall require the Contractor(s) to keep such
schedule current with the status of the Work. The Contractor's schedule of Work
shall be-the basis on which payments to the Contractor(s) are made. The Architect
shall require the Contractor(s) to provide a sufficiently detailed schedule of values of
the Work to assist in accurately determining the status of the Work.
3.5.7 The Architect will determine the amount owing to the Contractor(s) and will
issue Certificates for Payments in such amounts. These Certificates will constitute a
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representation to the City, based on such visits and the data comprising the
Application for Payment, that the Work has progressed to the point indicated.
3.5.8 By issuing a Certificate for Payment, the Architect will also represent to the
City that, to the best of its knowledge, information and belief based on what its
observations have revealed, the quality of the Work is in accordance with the
Contract Documents. Architect will conduct inspections to determine the dates of
substantial and final completion and issue a final Certificate for Payment.
3.5.9 The Architect shall be a representative of the City during the Construction
Phase, and shall advise and consult with the City. The Architect shall provide
advice and recommendations to the City and Contractor regarding coordination of
Work. Instructions to the Subcontractors shall be forwarded through the
Contractor. The Architect shall have authority to act on behalf of the City only to
the extent provided in the Contract Documents unless otherwise modified by
written instrument. The Architect is an independent contractor and shall not in
any way be considered an agent or employee of the City.
3.5.10 The Architect shall provide construction administration, including Site visits
and written field reports for each Site visit, and Certificates for.Payment as required
to fulfill the Architect's responsibilities and duties as set forth in this Agreement
and as required by good practice, by the Contract Documents (to the extent not
inconsistent with this Agreement), by applicable law, or by further direction of the
City. All Site visits and reports are included in Basic Services unless made for the
purpose of Additional Services. The reports shall include any defects in
construction or deviations from the Drawings and Specifications and any corrective
orders given to the Contractor(s).
3.5.11 The Architect shall act as an interpreter of the requirements of the Contract
Documents and, when requested by the City, the judge of the performance
thereunder by both the City and the Contractor. The Architect shall render
interpretations necessary for the proper execution or progress of the Work with
reasonable promptness on written request of either the City or the Contractor, and
shall render written decisions, as promptly as practicable, on claims, disputes, and
other matters in question between the City and the Contractor relating to the
execution or progress of the Work or the interpretation of the Contract Documents.
3.5.12 Interpretations and decisions of the Architect shall be consistent with.the
intent of and reasonably inferable from the Contract Documents and shall be in
written or graphic form.
3.5.13 The Architect's decisions in matters relating to artistic effect shall be rendered
only after consultation with and concurrence of the City and shall be final if
consistent with the intent of the Contract Documents.
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3.5.14 When the Architect determines on the basis of an observation that the Work
or designated portion thereof is substantially complete as defined in the Contract
Documents, it will then prepare on AIA Form G704, a Certificate of substantial
completion together with Architect's Statement to the City, which together shall
establish the date of substantial completion, shall state the responsibilities of the City
and the Contractor for security, maintenance, heat, utilities, damage to the Work,
and insurance, shall fix the time within which the Contractor shall complete the
items listed therein, shall state that the Project has been substantially completed in
accordance with the plans and Specifications for the Project to the best of the
Architect's knowledge, information and belief, and shall state that the Project is in
compliance with applicable codes, regulations and requirements of the
governmental authorities having.jurisdiction over the design and construction of
the Project.
3.5.15 Architect shall make the observations necessary and required by the Contract
Documents for the determination of Substantial Completion (as defined in the
Contract Documents) within 15 working days after receipt from the Contractor of the
requests, notifications and documentation required under the Contract Documents. ,
Architect shall deliver to the City the requested Certificate of Substantial
.Completion with its defined punch list or its objections thereto within 10 working
days after receipt of said requests, notifications and documentation.
3.5.16 Upon receipt of written notice that the Work is ready for final acceptance and
upon receipt of a final Application for Payment, the Architect will make such
observation and, when it finds the Work acceptable under the Contract Documents
and the Work required by the Contract Documents fully performed, it shall
promptly issue a final Certificate for Payment.stating that to the best of its
knowledge, information and belief, and on the basis of its observations, the Work
has been completed in accordance with the terms and conditions of the Contract
Documents and that the amounts found to be due the Contractor, and noted in said
final Certificate, are due and payable. The Architect's final Certificate for Payment
will constitute a further representation that the conditions precedent to the
Contractor being entitled to final payment as set forth in the Contract Documents
have, to the best of the Architect's knowledge, information and belief, been fulfilled.
3.5:17 Architect shall make the observations necessary and required by the Contract
Documents for the determination of final completion (as defined in the Contract
Documents) within 10 working days after receipt from the Contractor of the
requests, notifications, and documentation required under the Contract Documents.
Architect shall deliver the requested final Certificate for Payment with its defined
punch list or its objections thereto within 10 working days after receipt of said
requests, notifications, and documentation.
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3.5.18 From time to time there may be several different Contractors performing the
Work, or certain portions of the Work may be performed by the City's own forces.
The Architect shall assist the City and the Contractor in preparing schedules to
coordinate such activities.
3.5.19 The Architect shall submit to the City written explanations of any change
orders to the Contract(s) if those change orders result from errors or omissions
relating to the Drawings and Specifications. The Architect shall be responsible for
any additional costs to the City which result from errors or omissions in the
Drawings or Specifications if those errors or omissions were caused by the Architect.
3.5.20 No changes in Drawings or Specifications approved by the City shall be
permitted without the City's prior written consent.
ARTICLE 4. ARCHITECT'S ADDITIONAL SERVICES.
4.1 As soon as practicable after receiving the Specifications from the City, the
Architect shall, with the cooperation of the City, prepare a time schedule of
planning design and review activities of the Architect, engineers, the City, and all
others from whom service or information is required throughout each design phase
of the Project.
4.2 The Architect accepts the responsibility for the payment of normal engineering
services, including electrical, mechanical and structural, and all others employed by
it in the preparation of the Drawings and Specifications and the construction of the
proposed Project. The Architect may provide services of special consultants if
authorized in writing by the City. The Architect will be reimbursed by the City for
said services.
4.3 The Architect, in cooperation with the City's representative, shall determine the
valuation of the Work of any Contractor when only partially done.
4.4 If more extensive representation at the Site than is described under
Subparagraph 3.5.4 is required, and if the City and Architect agree, the Architect shall
provide one or more Project Representatives to assist the Architect. Such Project
Representatives shall be selected by the Architect, and approved by the City,
employed and directed by the Architect, and the Architect shall be compensated
therefore as mutually agreed between the City and the Architect in writing. The
duties, responsibilities and limitations of authority of such Project Representatives
shall be-set forth in writing. The Architect shall endeavor to provide further
protection for the City against defects in the Work through the Project
Representative, but the furnishing of such Project representation shall not make the
Architect a guarantor of the Contractor's(s') performance of the Work in accordance
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with the Contract Documents. If a Project Representative is provided, the Architect
will prepare and deliver to the City on a weekly basis reports of the daily
observations of the Project Representative.
4.5 The Architect shall furnish to the City, at the City's expense, a complete set of
reproducible prints of completed working Drawings reproduced on approved
material, and a copy of the structural calculations.
4.6 The Architect, at its expense, shall furnish Drawings and Specifications required
by public agencies having jurisdiction, and shall furnish the City triplicate sets of
Drawings and Specifications at each phase of design for the City's review and
approval. Reproduction costs for bidding purposes shall be reimbursed to the
Architect by the City. The number of Drawings and Specifications reproduced for
bidding purposes shall be determined by the Architect and the City.
4.7 The Architect agrees to cooperate with the City.up to the expiration of the
guarantee periods as set forth in the Specifications and to.inspect without additional
cost to the City, work of the Contractor(s) in fulfillment of said guarantees.
4.8 No such Additional Services shall be commenced by Architect without an
estimate of the cost thereof by the Architect and the City's prior written
authorization to proceed.
ARTICLE 5. THE OWNER'S RESPONSIBILITIES.
5.1 The City shall provide full information as to its requirements for the Project.
5.2 The City will appoint an individual to be the City's representative at the Site
(the "City Representative"). The Architect and its consultants shall work
cooperatively with the City Representative and his inspectors to facilitate the
implementation of the City's participation in, and inspection of, the Project. The
City will be actively involved in the Project. Contractor's submittals such as Shop
Drawings, Product Data and Samples shall be routinely routed through the City
Representative for concurrence before the Architect returns them to the Contractor.
Such submittals without the City's Stamp of Approval.shall be invalid. The
Architect may ask the City Representative for verbal approval of routine submittals.
Such verbal approval is valid only when backed by follow-up written approval. The
Architect and its consultants shall make themselves available to the City
Representative so that a timely resolution of possible deficiencies can be effected
with a minimum of disruption to the Project. The City Representative has the
authority to ask the Architect to reject Work which does not conform to the
Contract Documents. If the Architect chooses not to honor such request, it shall
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provide the City with a timely written explanation of its actions. In all cases the City
Representative shall deal only through the Architect.
5.3 The City shall, so far as the Work under this Agreement may require, furnish
the Architect or direct the Architect to obtain at the City's expense:
A. A complete and accurate certified survey of the Project Site, giving as
required:
(1) The boundaries of the Site.
(2) A complete cross-section contour survey of the Site with
sufficient detail as is necessary for the Architect to design the
Project to be erected thereon.
(3) Location and character of any existing buildings now on Site
(including buildings and structures to be removed).
(4) Grades and lines of streets, curbs, pavements, walks, drives and
adjoining properties.
(5) The rights, restrictions and easements, and full information,
including location and depths of all aqueducts, cesspools, sewers,
water, gas and electrical service lines, on the Site and in the
streets adjoining and adjacent to the Site.
(6) The points of the compass.
B. The test borings and pits. The Architect shall be fully responsible for
the selection and determination of the location and number of such
test borings and pits.
5.4 The City shall be responsible, through its duly authorized representatives, for
the audit of all accounts presented for payment. This shall not relieve the Architect
of the primary obligation to correctly certify as to the correctness of estimates and
payments due on account as the Work progresses and is completed.
5.5 If the City observes or otherwise becomes aware of any defect in the Project, the
City shall give prompt written notice thereof to the Architect.
5.6 Notwithstanding any other provision of this Agreement, the City shall not
assume the responsibilities of the Architect nor shall the Architect presume that the
City has any knowledge or expertise in any area of the Work. Neither any action or
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inaction by the City with respect to the construction of the Work shall relieve the
Architect of its responsibilities under this Agreement or the Contract Documents.
ARTICLE 6. PAYMENTS TO THE ARCHITECT.
6.1 Payments on account of the Architect's Basic Services shall be made monthly in
proportion to services performed to increase the compensation for Basic Services to
the percentages at the completion of each phase of the Work shown on Exhibit "C"
attached hereto.
6.2 If the Project is suspended for more than 3 months, or abandoned in whole or in
part, the Architect shall be paid its fees for services performed prior to receipt of
written notice from the City of such suspensions or abandonments.
6.3 Compensation for Additional Services shall be as follows:
6.3.1 Payments for Additional Services to the Architect including revisions
requested by the City to previously approved Drawings and Specifications shall be
made monthly within 30 days after presentation of the Architect's statement for
services rendered.
6.3.2 Payments for Reimbursable Expenses shall be made when Drawings are
complete and again upon final completion. If the Architect has substantial
Reimbursable Expenses that place a financial burden upon Architect, it may request
that the City make a payment outside of these guidelines. All foregoing requests
must include appropriate back-up documentation and substantiation.
6.3.3 Principal's and employees' time shall be computed at a multiple of 2.5 times
their Direct Personnel Expense. Direct Personnel Expense shall include cost of
salaries, and of mandatory and customary costs and benefits such as taxes,
insurances, sick leave, holidays, vacations, and pensions.
6.3.4 At the City's request, the Architect shall provide the City with detailed
accountings of the direct salaries, hourly rates and benefits included within Direct
Personnel Expense. The Architect's current schedule of Direct Personnel Expenses
Rate is attached hereto as Exhibit "D". At the City's request, Architect will provide
the City with detailed accountings of such costs.
6.4 No deduction shall be made from the Architect's compensation on account of
penalty, liquidated damages or other sums withheld from payments to
Contractor(s), except those for which the Architect is held legally liable or which are
caused by Architect's failure to perform its obligations under this Agreement.
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ARTICLE 7. ARCHITECT'S ACCOUNTING RECORDS.
Records of the Architect's Direct Personnel, consultant and Reimbursable Expense
pertaining to this Project and records of accounts between the City and the
Contractor shall be kept on a generally recognized accounting basis and shall be
available to the City or his authorized representatives at mutually convenient times
for a period of 3 years after completion of the Project.
ARTICLE 8. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon 7 days' written notice by
registered mail should the other party fail substantially to perform in accordance
with its terms through no fault of the other. In the event of termination, due to the
fault of others than the Architect, the Architect shall be paid for services performed
to-termination date.
ARTICLE 9. OWNERSHIP OF DOCUMENTS.
9.1 Drawings and Specifications as instruments of service are the property of the
City, whether the Project for which they are made be constructed or not.
9.2 In the event that this Agreement is terminated, including any termination by
the City with or without cause, the City shall have the right, itself or through its
agents or designees, to use the Drawings, Specifications and Contract Documents for
completion of the Project.
ARTICLE 10. SUCCESSORS AND ASSIGNS.
The Architect and the City each binds itself, and its successors and assigns to the
other party to this Agreement, and to the successors and assigns of such other party
in respect to all covenants of this Agreement. It is expressly understood and agreed
that this Agreement is a contract for professional services and the Architect shall not
have the right to join with other architects or to subcontract, transfer or assign the
architectural services provided for in this Agreement, unless the written consent
and approval of the City is first obtained. In the event the City consents to the
assignment, subletting or transfer of this Agreement by the Architect, or the City
consents to and approves the joinder of any architect or architects as partner or
partners of the Architect in the performance of this Agreement, the City hereby
reserves unto itself the exclusive right to impose any limitations, reservations or
conditions which it may, in its sole discretion, deem advisable. Such limitations,
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reservations or conditions shall be in the form of an endorsement hereon or
supplemental agreement to this Agreement, and shall be executed by all parties of
interest therein and herein.
ARTICLE 11. INSURANCE.
Architect shall purchase and maintain insurance as provided in Exhibit "E".
Certificates of such insurance, acceptable to the City, shall be filed with the City prior
to commencement of the Project. The certificates shall contain a provision that
coverage afforded under the policy shall not be cancelled until at least 30 days' prior
written notice has been given to the City.
ARTICLE 12. REIMBURSABLE EXPENSES.
12.1 "Reimbursable Expenses" are in addition to.the compensation for Basic and
Additional Services provided for under this Agreement and include actual and
reasonably necessary expenditures made by the Architect in the interest of the
Project and in performing services requested by the City for the expenses listed in
the following Subparagraphs:
12.1.1 Air travel shall be tourist class, unless approved by the City in advance of
travel.
12.1.2 Lodging and subsistence shall be at "standard" commercial rates for the locale,
unless this type of accommodation is not available on a timely basis or unless
otherwise approved by the City in advance of travel.
12.1.3 Expense of reproductions, photographs, postage and handling of Drawings,
Specifications and other documents.
12.1.4 Expense of data processing and the actual operating expenses of CAD
equipment,.in either case, when used in connection with Additional Services.
12.1:5 If requested in writing in advance by the City, additional expense only of
overtime requiring higher than regular rates.
12.1.6 Expense of renderings, models and mock-ups requested by the'City.
12.1.7 Expense of any additional insurance coverage or limits, including
professional liability insurance, requested by the City in excess of that required under
this Agreement.
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12.1.8 If their employment is authorized in writing in advance by the City as an
amendment to this Agreement, the professional fees and other related expenses of
special consultants retained by the Architect to assist with the Project.
12.1.9 The Architect will be reimbursed by the City for any plan checking fees or
building permit fees required to be paid to governmental agencies by the Architect.
12.1.10 Expenses reasonably incurred in connection with the Architect's provision
of Additional Services pursuant to this Agreement.
12.1.11 The current rates for the foregoing Reimbursable Expenses are set forth on
Exhibit "F" attached hereto. Architect shall obtain the City's prior written approval
of estimated Reimbursable Expenses.
ARTICLE 13. MISCELLANEOUS PROVISIONS.
13.1 This Agreement shall be governed by the law of the State of Minnesota.
13.2 Terms used in this Agreement, unless otherwise defined herein, or unless
inconsistent or in conflict with the provisions of this Agreement, shall have the
same meanings ascribed to such terms in the Contract Documents.
13.3 The City and the Architect waive all rights against each other and against the
Contractors, consultants, agents, and employees of the other for damages recovered
from any insurance during construction as set forth in the Contract Documents.
The City and the Architect each shall require appropriate similar waivers from their
Contractors, consultants, and agents.
13.4 Each of the Exhibits attached to this Agreement is hereby incorporated by
reference and made a part of this instrument as if fully set forth herein.
13.5 The remedies provided to the City pursuant to the terms of this Agreement are
cumulative and not exclusive of any other remedies available at law, in equity or
otherwise.
13.6 The Architect agrees that all contracts and agreements which it has with
subcontractors, agents and employees furnishing services or materials in connection
with the Project or the services to be performed by the Architect under this
Agreement shall be consistent with this Agreement and shall to the extent necessary
impose appropriate obligations of the Architect under this Agreement upon such
Contractors, agents and employees. This shall not be deemed to require such parties
to provide the insurance which the Architect is required to provide under this
Agreement.
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e
13.7 The Architect agrees from time to time at the request of the City to execute a
"Lien Waiver" in the form attached hereto as Exhibit "G" or such other form as may
be reasonably required by any Lender.
13.8 This Agreement represents the entire integrated Agreement between the City
and the Architect and supersedes all prior negotiations, representations or
agreements, either written or oral.
13.9 This Agreement may be amended only by written instrument signed by both
the City and the Architect.
ARTICLE 14. INDEMNIFICATION.
Architect hereby agrees to and shall at all times, to the fullest extent.provided by law,
pay, protect, defend, indemnify and hold the City and its agents, employees,
successors and assigns wholly harmless from and against any losses, damages,
expenses, costs (including court costs and reasonable attorney's fees to the extent
awarded by a court of competent jurisdiction), claims, demands, injuries, deaths or
suits by any person or persons, arising out of or resulting from any negligent or
wrongful act, error or omission by the Architect or any of its agents, consultants,
servants, employees or invitees.
ARTICLE 15. NOTICE.
When it is provided that notice, demand, request, or other communication shall be
given or served on another party hereto, such notice, demand, request, or other
communication shall be effective when sent by electronic facsimile or by air express,
or when deposited in the United States mail, registered or certified, postage prepaid
and addressed as follows:
If to the City, at:
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Attn: Mr. Michael J. Mornson
City Manager
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If to the Architect, at:
Williams-O'Brien Associates Inc.
1111 Third Avenue South
Minneapolis, MN 55404
Attn:
Either party may change such address by notice to the other as herein provided.
ARTICLE 16. STANDARD OF PROFESSIONAL SERVICES.
The Architect, by execution of this Agreement, represents that it is familiar with the
requirements of the Project and contracts that it is possessed of that degree of care,
learning, skill,'and ability which is ordinarily possessed by other members of its
profession employed on similar projects in major metropolitan areas of the United
States and further contracts that in the performance of the duties herein set forth he
will exercise such degree of care, learning, skill, and ability as is ordinarily employed
by architects under similar conditions and like circumstances. The Architect will
review and become familiar with the City's requirements for and intended use of
the Project, and the Architect agrees that the Project, as designed*and described by or
under the direction of the Architect pursuant to the final plans and Specifications
and working Drawings, will satisfy all such requirements and be suitable for such
intended use.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed as of the day and year first above written.
CITY OF ST. ANTHONY
By
Clarence J. Ranallo
Its Mayor
By
Michael J. Mornson
Its City Manager
WILLIAMS-O'BRIEN ASSOCIATES
INC.
By
Its
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EXHIBITS
EXHIBIT A Progress Schedule
EXHIBIT B Project
EXHIBIT C Schedule of Payments for Basic Services
EXHIBIT D Architect's Direct Personnel Expenses Rates
EXHIBIT E Insurance
EXHIBIT F Reimbursable Expenses
EXHIBIT G Lien Waiver
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EXHIBIT A
PROGRESS SCHEDULE
EXHIBIT B
PROJECT
EXHIBIT C
SCHEDULE OF PAYMENTS FOR BASIC SERVICES
EXHIBIT D
ARCHITECT'S CURRENT SCHEDULE OF HOURLY RATES AND BENEFITS
EXHIBIT E
ARCHITECT'S INSURANCE
1. ARCHITECT'S INSURANCE
The Architect shall at its own expense maintain in effect at all times during
the performance of the Work under the Agreement at least the following
coverage and limits of insurance:
A) Worker's Compensation and Employer's Liability Insurance as
required by the Worker's Compensation Laws of the state where the
Project is located (maximum amount permitted by statute, unlimited is
permitted) with Employer's Liability Coverage to limits of not less than
$1,000,000 covering operations of the Architect in connection with the
Project at or from the Project Site as hereinafter defined.
B) Comprehensive General Liability-Automobile Insurance including
coverage for Bodily Injury, Property Damage, Personal Injury, having a
minimum combined single limit of $3,000,000, and including
contractual liability coverage.
Architect shall also provide and maintain insurance for automobile
liability, covering all automobiles and trucks, whether owned or hired
by Architect, used by Architect, either on or.away from the Land, as
hereinafter defined, having a minimum combined single limit of
$1,000,000.
C) Professional Liability Insurance - Architect's errors and omissions
liability coverage have, per claim/aggregate, a limit of$2,000,000.
2. ARCHITECT'S OBLIGATIONS
Architect shall not violate or knowingly permit any violation of any
conditions or terms of the policies of insurance required to be carried under
the terms hereof and shall endeavor to satisfy the requirements of the
insurance companies issuing them. In the event Architect neglects, refuses or
fails to provide or maintain any of the insurance required to be carried under
the Agreement, or if such insurance is cancelled for any reason, the City or
the City's lender(s) shall have the right, but not the duty, to procure or
maintain the same. In the event the City or the City's lender(s) do procure or
maintain such insurance, the City or the City's lender(s) shall have, in
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addition to any and all other available remedies, the right to recover from the
Architect (including the right of set-off against sums otherwise due the
Architect) all of the costs associated with procuring or maintaining such
insurance.
3. PROFESSIONAL LIABILITY INSURANCE
A) Professional Liability Coverage of.$2,000,000 shall be maintained for
one year from the date of Substantial Completion. If Architect
discontinues its business, and if directed by the City in writing,
Architect shall purchase such insurance in such amount for an
extended discovery period beyond the one year after the date of
Substantial Completion, with the premium cost to be a reimbursable
expense paid by the City. The limit of liability for such policy may not
be reduced below $2,000,000 without the City giving its prior, written
consent. All policies of insurance that Architect is required under the
terms of this Exhibit A to secure and maintain shall bear the
endorsement "Not to be cancelled until 30 days after the City has
received a written notice from insurer as evidenced by a return receipt
of registered or certified mail."
B) The City shall not be responsible for obtaining or paying premiums or
other expenses in connection with insurance required to be carried
under the Agreement or normally carried by the Architect or the
Architect's consultants, and the obligation to obtain such insurance
and to pay such premiums and other expenses shall be solely that of
the Architect.
C) The Architect shall bear all costs of any and all deductible amounts
under any insurance policies required to be carried under the
Agreement and shall remain solely and fully liable for the full amount
of any claim or item not compensated by insurance.(including
settlement made with the prior written approval of the City.)
4. COVERAGE
The coverages referred to above are set forth in full in the respective policy
forms, and the foregoing descriptions of such policies are not intended to be
complete.
5. GENERALLY
A) The Architect hereby represents and warrants to the City that, as of the
date of the execution of the Agreement, the Architect is not aware of
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any claims or potential claims which have been made, filed or
threatened against any of the insurance or for damages covered by any
of the insurance required to be carried under the Agreement.
B) It is understood that the provisions in the Agreement requiring the
Architect to carry insurance shall not be construed as in any manner
waiving or restricting the liability of the Architect as to any obligations
imposed under the Agreement, including, but not limited to,
obligations imposed under the provisions of Article 14 of the
Agreement.
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EXHIBIT F
ARCHITECT'S CURRENT SCHEDULE OF RATES FOR REIMBURSABLE
EXPENSES
EXHIBIT G
LIEN WAIVER .
The undersigned has commenced or is about to commence to render services, to
perform work or to furnish materials in connection with the erection, construction
or repair of improvements or appurtenances on certain real property owned by the
City of St. Anthony (the "City") and described in Exhibit "A" attached hereto.
NOW, THEREFORE, the undersigned, in consideration of the sum of $
the receipt of which is hereby acknowledged, does hereby waive and release all
rights acquired by the undersigned to file or record mechanic's liens against said real
property for services rendered, work performed or materials furnished to said real
property, arising on or prior to , 199_ (the "Settlement Date"). It is
understood and agreed that the execution of this-Lie--n-Waiver relates to all services
rendered, work performed and materials furnished through the Settlement Date by
the undersigned, in any and all capacities.
Should any lien be filed by or on behalf of the undersigned or its successors or
assigns for services rendered, work performed or materials furnished through the
Settlement Date, a copy of this Lien Waiver may be filed or registered in the
appropriate real property records and shall operate as a release of the lien and rights
of lien released or waived by this Lien Waiver, without any further action on the
part of the undersigned. This Lien Waiver shall inure to the benefit of the City and
its successors and assigns and shall be binding upon the undersigned and its
successors and assigns.
WILLIAMS-O'BRIEN ASSOCIATES
INC.
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this _ day of
1994, by ' the
of Williams-O'Brien Associates Inc., a Minnesota corporation,
on behalf of the corporation.
Notary Public
CITY OF ST. ANTHONY
RESOLUTION 94-060
A RESOLUTION APPROVING THE COOPERATIVE AGREEMENT
BETWEEN THE CITY OF ST. ANTHONY AND RAMSEY COUNTY
AND THE AGREEMENT WITH RAMSEY COUNTY FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS AND AUTHORIZING THE EXECUTION
OF EACH BY THE MAYOR AND CITY MANAGER
WHEREAS, the City of St. Anthony desires to enter into a cooperative agreement (Agreement
94015, attached) with Ramsey County in conjunction with the County's
reconstruction of Silver Lake Road, north from Silver Lane to I694.
WHEREAS, The County of Ramsey and the City of St. Anthony desire to participate in the
maintenance and operation of traffic control signals (Agreement 94013, attached)
with street lights, signs, interconnect, and emergency pre-emption system at the
intersection of Silver Lake Road and Silver Lane, System "C".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the Cooperative Agreement, Agreement 94015) between the City and Ramsey
County and the Agreement for Maintenance of Traffic Control Signals (Agreement 94013) and,
in addition, authorizes the Mayor and City Manager to execute said Agreements on behalf of the
City.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
Department of Public Works
Paul L. Kirkwold,P.E.,Director and County Engineer
ENGINEERING/OPERATIONS
ADMINISTRATION/LAND SURVEY 3377 N.Rice Street
50 West Kellogg Blvd.,Suite 910 Shoreview,MN 55126
RAmsEY COUNTY St. Paul,MN 55102• (612)266-2600•Fax 266-2615 (612)484-9104 •Fax 482-5232
December 5, 1994
Michael Mornson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Silver Lake Road Reconstruction
Silver Lane to I-694
Minn. Proj . No. STP 5106( 001 )
S .P. 62-644-13 ( Ramsey County)
MSA 161-020-07 ( St. Anthony)
MSA 147-020-02 (New Brighton)
Agreement 94013 Signals
Agreement 94015 Road
Accompanying are four originals and one ' copy of Agreement 94013 .
Also accompanying are three originals and one copy of Agreement
94015. When the originals have been signed by. the City, please
advise me ._ .. We,---.will,_. pick..; up .- the originals '- for the Signals
e'
( 94013 )-- and iiver-,them' to New Brighton for signatures. The
originals for the Road ( 94015 ) will be held for processing by the
County. When they are complete, a fully executed original of
each agreement will be returned to you .
These agreements have been revised substantially in accordance
with the November 30 , 1994 comments by William R. Soth of Dorsey
and Whit ey.
ayne Leona d, P.E.
Special Project Engineer
WRL:m
encs .
Minnesota's First Home Rule County
printed on recyrled paper wiIA a minimum or 10%post avonsu nip.r eonlenI
4
AGREEMENT FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS
AGREEMENT NO. 94013
THIS AGREEMENT, made and entered into by and between the County of Ramsey, Department of
Public Works, hereinafter referred to as the"County," and the City of New Brighton hereinafter referred to
as "New Brighton", and the City of St. Anthony hereinafter referred to as "St. Anthony" for maintenance
of traffic control signal systems with street lights, signs and emergency vehicle pre-emption at the
intersections of, Silver Lake Road and Silver Lane, System "C"; Silver Lake Road and Windsor Lane,
System "D"; Silver Lake Road and County Road E, System "E"; Silver Lake Road and 3rd Street
NW/Wexford Heights, System "F"; Silver Lake Road and 5th Street NW, System "G"; Silver-Lake Road
and 7th Street NW/Forestdale Road, System"H",
WITNESSETH:
WHEREAS, the County has determined that there is justification and it is in the public's best
interest to install traffic control signals with street lights, signs and install emergency vehicle pre-emption
on Silver Lake Road (County State Aid Highway No. 44) at Silver Lane (County Road No. 100, west leg)
(New Brighton Municipal State Aid Highway No. 120, St. Anthony Municipal State Aid Highway No.
108, east leg); at Windsor Lane; at County Road E (County State Aid Highway No. 15); at 3rd Street NW
east leg, Wexford Heights Lane west leg; at 5th Street NW ; at 7th Street NW(County Road No. 96 east
leg) Forestdale Road west leg; and
WHEREAS, the County has determined that there is justification and it is in the public's best interest
to install interconnect along Silver Lake Road (County State Aid Highway No. 44) from Silver Lane to 7th
Street NW/Forestdale Road; and
WHEREAS, the City requested and the County agrees to provide and Emergency Vehicle Pre-
emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals with
street lights in accordance with the terms and conditions hereinafter set forth; and
WHEREAS, construction cost of the traffic control signals with street lights, signs, interconnect and
emergency vehicle pre-emption will be shared between the County, New Brighton and St. Anthony in
accordance with Ramsey County Agreement No. 94014 and 94015 for construction of Silver Lake Road,
S.P. 62-644-13; and
WHEREAS, there exist in full force and effect cooperative signal Agreement , County Board
Resolution 75-161 dated February 18, 1975 entered into by and between the County, New Brighton and
St. Anthony to share the cost, maintenance and operation of the traffic control signal at the intersection of
Silver Lake Road and Silver Lane; and
WHEREAS, there exist in full force and effect cooperative signal Agreement, County Board
Resolution 77-1595 dated November 29, 1977 entered into by and between the County and New Brighton
to share the cost, maintenance and operation of the traffic control signal at the intersection of Silver Lake
Road and 5th Street NW; and
94013-1
WHEREAS, there exist in full force and effect cooperative signal Agreement No. 93009 , County
Board Resolution 93-439 dated August 3, 1993 entered into by and between the County and New
Brighton to share the cost, maintenance and operation of the traffic control signal at the intersection of
Silver Lake Road and 7th Street NW/Forestdale Road; and
WHEREAS, there exist in full force and effect cooperative Emergency Vehicle Pre-emption
Agreement No. 88017, County Board Resolution 89-373 dated April 25, 1989 entered into by and
between the County and New Brighton to share the cost and maintenance and operation of a Emergency
Vehicle Pre-emption,system on Silver Lake Road at the intersections of County Road E; at 5th Street
NW; at 7th Street NW/Forestdale Road; and
WHEREAS, the County, New Brighton and St. Anthony will participate in the maintenance and
operation of said traffic control signals with street lights, signs, interconnect and EVP system as hereinafter
set forth.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The County shall install or cause the installation of said traffic control signals with street lights,
signs, interconnect and EVP system in accordance with the plan and specification for S.P No. 62-644-13
on Silver Lake Road from Silver Lane to 7th Street NW/Forestdale Road.
2. Upon completion of the traffic control signals with street lights, signs and EVP system,
maintenance and operation of each system shall be shared as follows:
a. Silver Lake Road at Silver Lane, System "C", the County shall perform all maintenance of the
traffic control signal including relamping and cleaning. New Brighton shall be responsible for
painting the traffic control signal at its cost and expense. New Brighton and St. Anthony shall be
equally responsible (50 percent each) to perpetuate an adequate electrical power supply to the
service pad or pole and pay electrical costs to operate the traffic control signal. St. Anthony shall
receive the bill from the local utility company and bill-New Brighton for 50 percent of the costs. New
Brighton shall be responsible for energy costs and maintenance of the integral street light in the
northeast corner and the County shall be responsible for energy costs and maintenance of the integral
street light in the southwest corner. The overhead signs shall be maintained by the County. The EVP
system shall,be operated, maintained or removed in accordance with the conditions set forth in
paragraph 4 hereof.
b. Silver Lake Road at Windsor Lane, System "D", the County shall perform all maintenance of the
traffic control signal including relamping and cleaning. New Brighton shall be responsible for
painting the traffic control signal at its cost and expense. New Brighton shall be responsible to
provide an adequate electrical power supply to the service pad or pole and pay electrical costs to
operate the traffic control signal. New Brighton shall be responsible for energy costs and
maintenance of the integral street light in the northeast and southwest corners. The overhead signs
shall be maintained by the County. The EVP system shall be operated, maintained, or removed in
accordance with the conditions set forth in paragraph 4 hereof.
94013-2
c. Silver Lake Road at County Road E, System"E", the County shall perform all maintenance of the
traffic control signal including relamping and cleaning. New Brighton shall be responsible for
painting the traffic control signal at its cost and expense. The County shall be responsible to
perpetuate an adequate electrical power supply to the service pad or pole and pay electrical costs to
operate the traffic control signal. The County shall be responsible for energy costs and maintenance
of the integral street light in the northeast and southwest corner. The overhead signs shall be
maintained by the County. The EVP system shall be operated, maintained, or removed in accordance
with the conditions set forth in paragraph 4 hereof.
d. Silver Lake Road at 3rd Street NW/Wexford Heights Lane, System"F", the County shall perform
all maintenance of the traffic control signal including relamping and cleaning. New Brighton shall be
responsible for painting the traffic control signal at its cost and expense. New Brighton shall be
responsible to provide an adequate electrical power supply to the service pad or pole and pay
electrical costs to operate the traffic control signal. New Brighton shall be responsible for energy
costs and maintenance of the integral street light in the northeast and southwest corner. The
overhead signs shall be maintained by the County. The EVP system shall be operated, maintained, or
removed in accordance with the conditions set forth in paragraph 4 hereof.
e. Silver Lake Road at 5th Street NW, System"G", the County shall perform all maintenance of the
traffic control signal including relamping and cleaning. New Brighton shall be responsible for
painting the traffic control signal at its cost and expense. New Brighton shall be responsible to
perpetuate an adequate electrical power supply to the service pad or pole and pay electrical costs to
operate the traffic control signal. New Brighton shall be responsible for energy costs and
maintenance of the integral street light in the northeast and southwest corner. The overhead signs
shall be maintained by the County. The EVP system shall be operated, maintained, or removed in
.accordance with the conditions set forth in paragraph 4 hereof.
f. Silver Lake Road at 7th Street NW/Forestdale Road , System "H", the County shall perform all
maintenance of the traffic control signal including relamping and cleaning. New Brighton shall be
responsible for painting the traffic control signal at its cost and expense. New Brighton shall be
responsible to perpetuate an adequate electrical power supply to the service pad or pole and pay
electrical costs to operate the traffic control signal. The County shall be responsible for energy costs
and maintenance of the integral street light in the northeast and New Brighton shall be responsible
for energy costs and maintenance of the street light in the southwest corner. The overhead signs shall
be maintained by the County. The EVP system shall be operated, maintained, or removed in
accordance with the conditions set forth in paragraph 4 hereof.
3. Upon completion of the work contemplated in paragraph 1 hereof along Silver Lake Road from
Silver Lane to 7th Street NW/Forestdale Road it shall be the County's responsibility, at its cost and
expense to maintain and keep in repair the interconnect.
94013-3
4. The EVP systems (Systems "C", "D", "E", "F", "G" and "H") shall be operated, maintained,
revised or removed in accordance with the following conditions and requirements:
a. All modifications, revisions and maintenance of the EVP System considered necessary or
desirable for any reason, shall be done by County forces, or, upon concurrence in writing by the
County's Traffic Engineer, may be done by others all at the cost and expense of New Brighton.
b. Emitter units may be installed and used only on vehicles responding to an emergency as defined in
Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c. New Brighton shall maintain and require others using the EVP System to maintain a log showing
the date, time and type of emergency for each time the traffic signal covered hereby is actuated and
controlled by the EVP System. Malfunction of the EVP System shall be reported to the County
immediately.
d. All maintenance of the EVP System shall be performed by the County, and New Brighton shall be
responsible for actual cost thereof. The County shall submit and invoice to New Brighten annually,
listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor cost and
overhead and equipment costs will be at the established rates paid by the County at the time the work
is performed, and material costs will be invoiced at the actual cost thereof to the County. Twenty-
five percent (25%) of these costs will be added �to the invoice, to cover the County's cost for
supervision and administration, in accordance with the policy for Traffic Control Signal Systems,
County Board Resolution 81-1001. New Brighton shall promptly pay the County the full amount
due.
e. In the event said EVP System or components are, in the opinion of the County, being misused or
the conditions set forth in Paragraph b above are violated, and such misuse or violation continues
after receipt by said party of written notice thereof from the County, the EVP System pursuant to
this paragraph, the field wiring, cabinet wiring and other components shall become the.property of
the County. All infrared detector heads and indicator lamps mounted external to the traffic signal
cabinet will be returned to New Brighton. The detector receiver and any other assembly located in
the control signal cabinet, which if removed will not affect the traffic control signal operation, will be
returned to New Brighton.
f. All timing of said EVP System shall be determined by the County, through its Traffic Engineer.
g. Except for the negligent acts of the County, its agents and employees engaged in the maintenance
work, New Brighton shall assume all liability for, and save the County, its agents and employees,
harmless from any and all claims for damages, actions or causes of action arising out of the
continuing uses by New Brighton including but not limited to the operations, use and existence of the
equipment for the EVP System.
5. All timing and related adjustments of the traffic control signals shall be determined by the County
through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of
the County.
94013-4
6. Upon execution by the County, New Brighton and St: Anthony, and completion of the work
contemplated in paragraph 1 hereof for traffic control signals with street lights and signs at the intersection
of Silver Lake Road and Silver Lane this agreement shall supersede and terminate Agreement, County
Board Resolution 75-161, dated February 18, 1975 between the County, New Brighton and St. Anthony.
7. Upon execution by the County and New Brighton and completion of the work contemplated in
paragraph 1 hereof for traffic control signals with street lights , signs and EVP System at the intersection of
Silver Lake Road and 5th Street NW this agreement shall supersede and terminate Agreement, County
Board Resolution 77-1595 dated November 29, 1977 between the County and New Brighton.
8. Upon execution by the County and New Brighton and completion of the work contemplated in
paragraph 1 hereof for traffic control signals with street lights, signs and EVP System at the intersection of
Silver Lake Road and 7th Street NW/Forestdale Road this agreement shall supersede and terminate
Agreement No. 93009, County Board Resolution 93-439 dated August 3, 1993 between the County and
New Brighton.
9. Upon execution by the County and New Brighton and completion of the work contemplated in
paragraph 1 hereof for EVP Systems at the intersections Silver Lake Road and County Road E; Silver
Lake Road and 5th Street NW; Silver Lake Road and 7th Street NW/Forestdale Road this agreement shall
supersede Agreement No. 88017, County Board Resolution 89-373 dated April 25, 1989 between the
County and New Brighton.
10. Any and all persons engaged in the maintenance work to performed by the County shall not be
considered employees of New Brighton or St. Anthony, and any and all claims that may arise under the
Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims
made by any fourth party as a consequence of any negligent act or omission on the part of those employees
so engaged on any of the work contemplated herein shall not be the obligation and responsibility of New
Brighton or St. Anthony.
11. The City and County agree to indemnify each other and hold each other harmless from any and all
claims , causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not
limited to, interest involved therein and attorneys' fees and costs and expenses connected therewith,
arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for
damages caused to fourth parties as a result of the manner in which the City or the County perform or fail
to perform duties imposed on each party by the terms of this agreement. Nothing herein shall constitute a
waiver by either party of the limits or liability provided by Minnesota Statutes, Chapter 466 or other
applicable law.
94013-5
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
CITY OF NEW BRIGHTON, MINNESOTA
In presence of By:
Its:
By:
Its:
Date:
CITY OF ST. ANTHONY, MINNESOTA
In presence of By:
Its:
By:
Its:
Date:
COUNTY OF RAMSEY
Recommended for approval:
By:
Paul L. Kirkwold, P.E. Chairperson
Director, Ramsey County Board of County Commissioners
Public Works Department
Approved as to Form: Attest:
By:
Assistant County Attorney Chief Clerk-County Board
Date: Date:
Ramsey County,Risk Management
Date:
94013-6
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i Silver Lake Road (CSAH 44)
RAMSEY COUNTY Silver Lane to 2694
i RAMSEY COUNTY Department of Public Works S.P. 62-644- 13
Agreement 94015
RAMSEY COUNTY
COOPERATIVE AGREEMENT
WITH CITY OF ST. ANTHONY
Silver Lake Road Reconstruction Estimated Amount Receivable
from Silver Lane to 1-694 from St . Anthony
S . P. 62-644-13 ( R.C. )
MSA 147-020-02 (N.B. ) MSA Funds* $69 , 550 . 00
MSA 161-020-07 ( S .A. )
Minn. Proj . No. Local Funds :
STP 5106 ( 001 ) Storm Sewer ( est . ) 500 . 00
Signals 0 . 00
Other 0 . 00
Attachments : Subtotal $70 , 050 . 00
Engineers Estimate 10% Prelim. Eng. 7 , 005 . 00
dated 11/3/94 10% Const. Eng. 7 , 005 . 00
Total $84 , 060 . 00
* ( Est . deduction for
Federal Fund Participation
of $7 , 000 . 00 )
THIS AGREEMENT, by and and between the City of St . Anthony, a
municipal corporation, hereinafter referred to as the "City," and
Ramsey County, a political subdivision of the State of Minnesota,
hereinafter referred to as the "County" ;
WITNESSETH:
WHEREAS, The City and the County desire to reconstruct and
rebuild Silver Lake Road from Silver Lane to I-694 ; and
WHEREAS, Silver Lake Road from Silver Lane to i-694 is designated
County State Aid Highway 44 ; and
WHEREAS, the east one half of Silver Lake Road from Silver Lane to
County Road E is in the City. of New Brighton and the County has a
separate agreement on that portion with the City of New Brighton; and
WHEREAS, Silver Lake Road from Silver Lane to County Road E is in
the City with the exception of that portion in New Brighton; and
WHEREAS, the reconstruction of Silver Lake Road from Silver Lane
to I-694 has been designated as eligible for a grant of Federal Funds
as Minn . Proj . No. STP 5106 ( 001 ) ; and
WHEREAS, this project has been designated as eligible for CSAH
funds , reimbursement as S . P . 62-644-13 ; and
94015-1
WHEREAS , this project has been designated as eligible for MSA
funds reimbursement as S .A.P. 161-020-07 ; and
WHEREAS , plans for this project construct or reconstruct traffic
signals at the intersection of Silver Lake Road with Silver Lane,
Windsor Drive, County Road E, 3rd Street N.W. - Wexford Heights Lane ,
5th St . N.W. and 7th St . N.W. - Forest Dale Road; and
WHEREAS , the City and County construction cost participation in
the signals is included in this agreement and the ownership,
maintenance and operation of the signals is covered in a separate
agreement between the City of New Brighton, the City and County; and
WHEREAS , under separate agreement with the County the City of New
Brighton has prepared or will prepare , through its consultant SRF, the
necessary designs , plans , specifications , estimates , proposals and
approvals in accordance with funding requirements for the Minnesota
Department of Transportation to take bids for this project; and
WHEREAS, plans for this project S . P . 62-644-13 , MSA 147-020-02 ,
MSA 161-020-07 and Minn. Proj . No . STP 5106 ( 001 ) showing proposed
alignment, profiles , grades , and cross-sections for the improvement of
County State Aid Highway 44 within the limits of the City as a
Federally Assisted County State Aid Highway project have been presented
to the City; and
WHEREAS , the grading provisions require acquisition of certain
right of way and temporary construction and slope easements prior to
construction; and
WHEREAS, the County is acquiring necessary rights of way as
determined by the project grading limits under separate projects S .A. P.
62-644-17 and S .A. P . 62-644-19 utilizing its State Aid funds for all
reimbursable costs ; and
WHEREAS, the project includes , in addition to other things , right
of way acquisition, grading, paving, walks , walls, utility adjustments ,
concrete curb and gutter , storm sewers , wetland mitigation,
sedimentation ponds, dredging of existing lakes and ponds , signals ,
lighting, roadway enhancements and tree plantings outside right of ways
needed for the project grading; and
WHEREAS, the Minnesota Department of Transportation will determine
allowable credit for storm sewer outfall lines previously constructed
prior to this project, and the resulting portion of this storm sewer
system eligible for State Aid and Federal funds ; and
WHEREAS, Mn/DOT will take bids for the project, prepare an
abstract of bids and cost participation summary, request the County' s
concurrence to award a contract, award a contract and pay the
contractor from Federal , State Aid, and local County funds identified
for the project.
94015-2
NOW. THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS :
1 . Prior to County concurrence to Mn/DOT to award a contract ,
the County shall first receive concurrence from the City for award of
the contract.
2 . Upon award of a construction contract by Mn/DOT the County
shall perform the construction inspection.
3 . The County shall acquire and pay for all rights of way and
easements required for the construction of the road project within the
grading limits of the plan. Any rights of way which cannot be
negotiated will be acquired through eminent domain proceedings .
4 . All City owned rights of way and easements within the limits
of the project for roads, utilities and stormwater are hereby granted
to the County for project use during construction .
5 . The City shall acquire rights for tree plantings outside the
right of ways and easements acquired by the County.
6 . The County will not perform construction without written
permission of the property owner .
7 . All Silver Lake Road rights of way and temporary easements
will be in the name of the County, and parking and other regulations
will be controlled by the County.
S . Storm sewer construction cost attributable to the road right
of way and facilities needed for the road drainage are estimated to be
eligible for reimbursement from the Federal and County State Aid funds .
The County shall pay for that portion of the storm sewer cost as
determined by the Mn/DOT hydraulics memorandum.
9 . The City shall pay for the construction cost of the portion
of the storm sewer system attributable to contributing area from the
City outside the road right of way and not eligible for reimbursement
from Federal or County State Aid Highway funds .
10 . Upon completion of the project, the County shall own and
maintain the storm sewer catch basins and leads on its County roads and
the City shall own and maintain the storm sewer trunk lines within the
City. Laterals and drains servicing property within the City outside
the road right of way shall also be owned and maintained by the City,
except those on Salvation Army property. The reconstructed 66 inch
storm sewer outlet to Silver Lake shall be owned and maintained by the
City.
11 . Storm water ponds and wetlands constructed under this project
on Salvation Army property will be maintained by the County under
separate agreement with the Salvation Army.
12 . The City shall pay to the County 75% of the cost of concrete
curb and gutters constructed within the City except for replacement of
94015-3
�I
existing concrete curb and gutters removed and medians .
13 . The County shall pay for the concrete walk replacing existing
concrete walk within the City. The County shall also pay for the basic
concrete walk in the medians .
14 . The City shall pay to the County 100% of the cost of concrete
walk in the City in excess of the existing concrete walk removed . Upon
completion of the project, the City shall own and maintain the concrete
walk .
15 . All City utilities or facilities modified or added to those
provisions presently made in the plans and specifications may be
incorporated in the construction contract by supplemental agreement and
shall be paid for as specified in the supplemental agreement .
16 . The City shall pay to the County 100% of the cost of City
utility improvements provided in the project .
17 . Upon completion of the work the City shall own and maintain
the sanitary and watermain system within the City.
18 . The City shall pay to the County 100% of the cost of the,
electric lighting system within the City.
19 . Upon completion of the project the City shall own and
maintain the electric lighting system within the City.
20 . The City shall pay to the County 100% of the cost of trees
planted outside the project grading limits . -
21 . The County shall pay for the signal interconnect system.
22 . Signal cost participation is based upon all the signal
systems being warranted by Mn/DOT for utilization of Federal and State
Aid funds . Cost distribution of each individual signal system is
defined by the ownership of the roadways ( entering legs ) comprising the
intersection. Based on the signal systems being warranted the
construction cost share to be paid by the City to the County for the
revision of the signal system at Silver Lane is :
A. and B. - blank
C. Revise signal system C at Silver Lane . The City shall pay to
the County one-eight the cost based on the south one-half of
the Silver Lane approach from the east = 12 . 5%
23 . The City shall pay ten percent ( 10% ) of its share of the
construction cost, as determined by the contract proposed to be awarded
without reduction for Federal Funds, to the County as a preliminary
engineering fee . This fee shall be due after receipt of bids and prior
to award of the construction contract.
24 . In addition to the preliminary engineering fee the City shall
94015-4
pay ten percent ( 10% ) of its share of the construction cost, as
determined by the final contract amounts due the contractor , without
reduction for Federal Funds participation as a construction engineering
fee . This fee shall be due upon notification to the City of the
estimated final amounts due to the contractor .
25 . Quantity distributions identified above are shown in the
Statement of Estimated Quantities in the plans . Estimated costs are
identified in the Engineers Estimate . Actual costs shall be based on
the contractor' s unit prices and the quantities constructed.
26 . All liquidated damages assessed the contractor in connection
with the work performed on the project shall result in a credit shared
by the City of New Brighton; the City and the County in the same
proportion as their respective total share of construction cost is to
the total construction cost without deduction for Federal Funds and
liquidated damaged.
27 . The City shall not assess or otherwise recover any portion of
its costs for this project through levy on County-owned property.
28 . Federal Funds granted to this project are estimated to be
insufficient to apply to all items eligible for Federal Fund
participation ( $2 , 348 , 000 estimated granted and $3 , 065, 000 estimated
eligible ) . Application of the Federal Funds shall be in the following
order insofar as they are applicable :
A. Signal cost participation not eligible for State Aid
reimbursement . Statement of Estimated Quantities Groups 6 , 7
and 8 . Estimated Federal Fund eligibility $133 , 000+ .
B. Storm sewer participation Statement of Estimated Quantities
Group 4 . Estimated Federal Fund eligibility $207 , 000+ .
C. Storm Water Ponds and Wetland Mitigation. Statement of
Estimated Quantities Group 5 . Estimated Federal Fund
eligibility $100 , 000+ .
D. Ramsey County S . P . 62-644-13 . Statement of Estimated
Quantities Group 1 . Estimated Federal Fund eligibility
$2, 085, 000+.
E. St. Anthony S .A.P. . 147-020-02 and St. Anthony S .A. P.
161-020-02 . Statement of Estimated Quantities Group 2 and 3 :
Available Federal Funds to be shared equally on a ratio of
cost basis . Estimated Federal Fund eligibility $540 , 000+ .
29 . The County shall , when a construction contract is proposed to
be awarded, prepare a revised estimate and cost participation breakdown
based on construction contract unit prices and submit a copy to the
City. Upon concurrence to award a construction contract, the City
agrees to advance to the Treasurer of Ramsey County an amount equal to
the City total construction cost share plus the Preliminary Engineering
Fee . Mn/DOT shall then be paid by the County.
94015-5
30 . Upon substantial completion of the work , the County shall
prepare a revised estimate of cost participation breakdown based upon
the contract unit prices and the actual units of work estimated to have
been performed and submit a copy to the City. The construction
engineering costs to be paid the County by the City shall be based on
this estimated final construction cost. The County shall add to the
City' s estimated final construction costs the Preliminary Engineering
costs and the construction engineering costs , make necessary
adjustments for liquidated damages , if any, and deduct City funds
previously advanced for the project by the City. The City agrees to
pay to the County any amounts due . In the event the calculations show
that the City has advanced funds in greater amount than is due the
County, the County shall refund the amount to the City without
interest .
31 . The City and County agree to indemnify each other and hold
each other harmless from any and all claims , causes of action,
lawsuits., judgments , charges , demands, costs , and expenses , including,
but not limited to, interest involved therein and attorneys' fees and
costs and expenses connected therewith, arising out of or resulting
from the failure of either party to satisfy the provisions of this
agreement or for damages caused to fourth parties as a result of the
manner in which the City or the County perform or fail to perform
duties imposed on each party by the terms of this agreement. Nothing
herein shall constitute a waiver by either party of the limits or
liability provided by Minnesota Statutes , Chapter 466 or other
applicable law. .-
32 , This agreement shall remain in full force and effect until
terminated by mutual agreement of the City and the County.
33 . Preliminary plans reviewed at the City public hearing and
final plans and specifications are hereby in all things approved.
94015-6
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed.
CITY OF ST. ANTHONY THE COUNTY OF RAMSEY
By By
Chairperson
Its Board of County Commissioners
By Attest :
Chief Clerk-County Board
Its
Date' Date
Approved as to Form: Approved as to Form:
City Attorney Assistant County Attorney
Risk Management
Recommended for Approval :
Paul L. Kirkwold, P . E.
Director and County Engineer
94015-7
CITY OF ST. ANTHONY
RESOLUTION 94-061
A RESOLUTION APPROVING THE AGREEMENTS FOR
INSTALLATION AND MAINTENANCE OF TRAFFIC CONTROL
SIGNALS NOS. 94010 AND 94011 BY AND BETWEEN THE
COUNTIES OF RAMSEY AND HENNEPIN AND THE CITY
OF ST. ANTHONY AND AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE SAID AGREEMENTS
WHEREAS, the Counties of Ramsey and Hennepin and the City of St. Anthony desire to
participate in the cost, maintenance and operation of traffic signals located on
Silver Lake Road at 37th Avenue N.E. and at 39th Avneue N.E.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves Agreements No. 94010 and 94011 by and between Ramsey County, Hennepin
County, and the City of St. Anthony and authorizes the Mayor and City Manager to execute
said Agreements on behalf of the City.
Adopted this day of 91994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
Department of Public Works
s=. Paul L. Kirhvold,P.E., Director and County Engineer
ENGINEERING/OPER4TlONS
ADMINISTR4TION/LM'D SURVEY 3377 N.Rice Street
t, 50 West Kellogg Blvd.,Suite 910 Shoreiiew.MN 55126
RAMSEY COUMY St. Paul,MN 55102 0 (612)266.2600 o Fax 266-2615 (612)454-9104 Fax 482-5232
October 26, 1994
Mr. Larry Hamer
City of Saint Anthony
3301 Silver Lake Road
Saint Anthony, Minnesota 55418
Dear .Mr. Hamer:
The Ramsey County Public Works Department, in cooperation
with Hennepin County and the Cities of Saint Anthony and New
Brighton, is proposing traffic signal modifications and
interconnect for the traffic signals on Silver Lake Road at
37th Avenue (County Road D) , 39th Avenue and Palmer Drive.
This work is proposed to be done concurrently with the Ramsey
County reconstruction project on Silver Lake Road from Silver
Lane to I-694 . Upon completion of both projects the traffic
signals will be interconnected and coordinated along Silver
Lake Road from 37th Avenue to Palmer Drive.
The traffic signal at Silver Lake Road and 37th Avenue
(County Road D) is proposed to be modified to include split
phasing on 37th Avenue. The estimated cost of this
modification is $9,500.00. The City of Saint Anthony's share
As 25% of the cost based on entering legs as per the Ramsey
County Cost Participation Policy.
The traffic signal at 39th Avenue is ' proposed to be
reconstructed. The existing equipment is in need of
replacement. • The new traffic signal will include
protected/permissive left turn operation for the north/south
left turns. The estimated cost of this reconstruction is
$79, 200.00. The City of Saint Anthony's share is 50% of the
cost based on entering legs as per the Ramsey County Cost
Participation Policy. The interconnect costs will be paid for
100% by Ramsey County.
The proposed costs will be eligible for State-Aid funding. If
Saint Anthony wishes to use MSA funds on 37th Avenue we will
add the appropriate number to the plans.
Minnacnta'a Pirat 17nmi%RnIn Cminfv
I have included for review by your agency a copy of the
plans, agreements and cost participation summary for this
project. If this meets with your approval please let us know
and we will forward the original plans and agreements for
your approval and execution.
If you have any questions or need any additional information
please feel free to give me a call at 482-5209 .
Sincerely,
Daniel E. Soler, P. E.
Traffic Engineer
Enclosure
AGREEMENT FOR INSTALLATION AND MAINTENANCE
OF TRAFFIC CONTROL SIGNALS
AGREEMENT NO . 94010
Estimated Amount Receivable
from Hennepin County $ 3 ,776 . 25
City of St . Anthony Z , 517 • C"
THIS AGREEMENT, made and entered into by and between the County
of, Ramsey, Department of Public Works , hereinafter referred to as
the "Ramsey" , and the County of Hennepin, hereinafter referred to
as "Hennepin" , and the City of St . Anthony, hereinafter referred to
as the "City" ;
WITNESSETH :
WHEREAS, the Ramsey has determined that there is justification
and it is in the public' s best interest to revise traffic control
signals with street lights on Silver Lake Road ( County State Aid
Highway No. 44 , north leg) ; Hennepin County State Aid Highway No.
136, south leg) at County Road D, east leg (Ramsey County State Aid
Highway No. 19; Hennepin County State Aid Highway No 93 ) 37th
Avenue N.E. , west leg; and
WHEREAS, Ramsey has determined that there is justification and
it is in the public' s best interest to install interconnect along
Silver Lake Road (County State Aid Highway No.. 44 ) from County Road
D/37th Avenue N. E. to Silver Lane ; and
WHEREAS, there exists in full force and effect Cooperative
Traffic Signal Agreement, Ramsey' s No. 84011, Hennepin' s No. PW
06-74-84 , Ramsey Board Resolution 84-531 dated April 16 , ' 1984
entered into by and between the Ramsey, Hennepin and the City to
share the maintenance and operation of a traffic control signal at
the intersection of Silver Lake Road and County Road D/37th Avenue
N.E. ; and
WHEREAS, Ramsey, Hennepin and the City will participate in the
cost, maintenance and operation of said traffic control signals with
street lights and interconnect as hereinafter set forth; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1 . Ramsey shall prepare the necessary plans, specifications
and proposals and shall perform the engineering and inspection
required to complete the items of work hereinafter set forth . Such
work as described immediately above shall constitute "Engineering
and Inspection" and shall be so referred to hereinafter .
2 . The contract cost of the work or, if the work is -not
contracted, the cost of all labor , materials and equipment rental
required to complete the work , except the cost of providing the
power supply to the service equipment or pad shall constitute the
actual "Construction Cost" and shall be so referred to hereinafter .
94010-1
3 . Ramsey shall revise or cause the revision of traffic
control signals with street lights in accordance with State Aid
Project No. 6ent44Henne int smsharecist37 is. 509pe0rcent. andaCity' s share
is 37 . 50 pence p
is 25 percent .
4 . Ramsey shall install or cause the installation of an
interconnect along Silver Lake Road from County Road D!37th Avenue
N. E. to Silver Lane at its own expense .
5 . Upon execution of this agreement and a request in writing
by Ramsey, Hennepin and the City shall advance to Ramsey an amount
equal to their portion of the project costs based on the actual bid
price plus six percent ( 6% ) of such amount for each respective share
of the cost for engineering and inspection .
6 . Upon final payment to the contractor and ccmputation of
the Hennepin' s and the City' s final share for the work provided for
herein, that amount of the funds advanced by Hennepin and the City
in excess of each respective final share will be returned to each
respective party without interest and each party agrees to pay to
Ramsey that amount of its final share which is in excess of the
amount of the funds advanced by Hennepin and the City.
7 . The City shall perpetuate an adequate electrical power
supply to the service pad, and upon completion of said traffic
control signal , shall continue to provide necessary electrical power
for its operation at the cost and expense of the City. In
accordance with the policy for lighting county roadways, Ramsey
County Board Resolution 78-1394 , the City shall maintain and pay
energy costs of the integral street lights .
8 . Upon completion of the project, Ramsey shall maintain and
keep in repair the traffic control signal , including rel-amping,
cleaning, painting. Costs for such maintenance shall be shared
equally by Ramsey ( 50% ) and Hennepin ( 50% ) . Hennepin shall
reimburse Ramsey its share of the actual cost thereof.
9 . Ramsey shall submit an invoice to Hennepin annually showing
its cost share, listing all labor, equipment and materials used to
maintain the traffic control signal . Labor costs and equipment
costs will be at the established rates paid by Ramsey at the time
the work is performed, and material costs will be invoiced at the
actual cost thereof. Twenty-five percent ( 25% ) of these costs will
be added to the invoice , to cover Ramsey' s cost for supervision and
administration, in accordance with the policy for Traffic Control
Signal Systems, Ramsey County Board Resolution 81-1001 . Hennepin
shall promptly pay Ramsey the full amount due .
10 . Upon completion of the project Ramsey shall maintain and
keep in repair the interconnect at its own expense
11 . All timing and related adjustments of the traffic control
signals shall be determined by Ramsey through its traffic engineer ,
and no changes shall be made to these adjustments without the
approval of Ramsey
94010-2
12 . Upon execution by Ramsey, Hennepin and the City and
completion of the traffic - control signal with street lights and
interconnect provided for herein, this agreement shall supersede and
terminate Agreement , Ramsey' s No. 84011 , Hennepin ' s No . Pw 06-74-84 ,
Ramsey Board Resolution 84-531 dated April 16, 1984 between Ramsey,
Hennepin and the City.
i � . ,n an, all rerscns enr- =A in the m? inten.nn o _+rl: to be
7"7
performed by Ramsey shall not be considered employees of Hennepin or
the City, . and any and all claims that may arise under the Tlorker ' s
Compensation Act of this State on behalf of those employees so
engaged , and any and all claims made by any fourth party as a
consequence of any act or omission on the part of those employees so
engaged on any of the work contemplated herein shall not be the
obligation and responsibility of Hennepin or the City.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures .
CITY OF ST. ANTHONY, MINNESOTA
In presence of By
Its :
By:
Its :
Date :
COUNTY OF RAMSEY
Recommended for approval :
By:
Paul L. Kirkwold, P.E. Chairperson
Director, Ramsey County Board of County Commissioners
Public Works Department
Approved as to Form: Attest:
By:
Assistant County Attorney Chief Clerk-County Board
Date: Date :
Ramsey County Risk Management
Date:
94010-3
COUNTY OF HENNEPIN
Recommended for Approval :
By:
Director Chairman of its County Board
Department of Public Works
Date :
Date : and:'
Associate County Adminstrator
and County Engineer
ATTEST:
Date :
By:
Clerk of Hennepin County Board
Date :
Upon proper execution, this agreement
will be legally valid and binding.
By:
Assistant County Attorney
Date :
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date :
94010-4
AGREEMENT FOR INSTALLATION AND MAINTENANCE
OF TRAFFIC CONTROL SIGNALS
AGREEMENT NO. 94011
Estimated Amount Receivable
from City of St . Anthony $1 '- . °'5 . 00
THIS AGREEMENT, made and entered into by and between the County
of Ramsey, Department of Public Works , hereinafter referred to as
the "County" , and the City of St . Anthony, hereinafter referred to
as the "City" ;
14ITNESSETH:
WHEREAS, the County has determined that there is justification
and it is in the public' s best interest to revise traffic control
signals. with street lights and signs on Silver Lake Road ( County
State Aid Highway No. 44 ) at 39th Avenue Northeast; and
WHEREAS, the County has determined that there is justification
and it is in the public' s best interest to install interconnect
along Silver Lake Road (County State Aid Highway No. 44 ) from
County Road D/37th Avenue Northeast to Silver Lane ; and
WHEREAS, there. exists in full force and effect Cooperative
Traffic Signal Agreement, County Board Resolution 75-163 dated
February 18, 1975 , entered into by and between the County and City
to share the cost, maintenance and operation of a traffic control
signal at the intersection of Silver Lake Road and 39th Avenue
Northeast; and
WHEREAS, the County and City will participate in the cost ,
maintenance and operation of said traffic control signal with street
lights and interconnect as hereinafter set forth; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS :
1 . The County shall prepare the necessary plans,
specifications and proposals and shall perform the engineering and
inspection required to complete the items of work hereinafter set
forth. Such work as described immediately above shall constitute
"Engineering and Inspection" and shall be so referred to
hereinafter.
2 . The contract cost of the work or, if the work is not
contracted, the cost of all labor, materials and equipment rental
required to complete the work, except the cost of providing the
power supply to the service pole or pad shall constitute the actual
"Construction Cost" and shall be so referred to hereinafter .
94011-1
3 . The County shall revise or cause the revision of traffic
control signals with street lights in accordance with State Aid
Project No. 62-644-18 on Silver Lake Road at 39th Avenue Northeast .
Estimated cost is $79 , 200 .00 . County' s share is 50 percent . City' s
share is 50 percent .
4 . The County shall install or cause the installation of an
interconnect along Silver Lake Road from County Road D;37th Avenue
Northeast to Silver Lane at its own expenses .
5 . The County shall replace or cause the replacement of
overhead signing and shall maintain said signing all at no cost to
the City.
6 . Upon execution of this agreement and a request in writing
by the County, the City shall advance to the County an amount equal
to their portion of the project costs based on the actual bid price
plus six percent ( 6% ) of such amount for the City' s share of the
cost for engineering and inspection.
7. Upon final payment to the contractor and computation of
the City' s final share for the work provided for herein, that amount
of the funds advanced by the City in excess of the City' s final
share will be returned to the City without interest and the City
agrees to pay to the County that amount of its final share which is
in excess of the amount of the funds advanced by the City.
8 . The City shall perpetuate an adequate electrical power
supply to the service pad, and upon completion of said traffic
control signal , shall continue to provide necessary electrical power
for its operation at the cost and expense of the City. in
accordance with the policy for lighting county roadways, Ramsey
County Board Resolution 78-1394 , the City shall maintain and pay
energy costs of the integral street lights .
9 . Upon completion of the project, the County shall maintain
and keep in repair the traffic control signal and street lights,
including relamping, cleaning, painting at its expense .
10 . Upon completion of the project, the County shall maintain
and keep in repair the interconnect at its own expense
11 . All timing and related adjustments of the traffic control
signal shall be determined by the County through its Traffic
Engineer, and no changes shall be made to these adjustments without
the approval of the County.
12 . Upon execution by the County and City and completion of
the traffic signal with street lights, signs, and interconnect
provided for herein this agreement shall supersede and terminate
Agreement, County Board Resolution 75-163 dated February 18 , 1975 ,
between the County and the City.
94011-2
13 . Any and all persons engaged in the maintenance work to be
performed by the County shall not be considered employees of the
City, and any and all claims that may arise under the worker ' s
Compensation Act of this State on behalf of those employees so
engaged, and any and all claims made by any third party as a
consequence of any act of omission on the part of those employees so
engaged on any of the work contemplated herein shall nct be the
obligation and responsibility of the City.
94011-3
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures.
In presence of CITY OF ST. ANTHONY, MINNESOTA
By:
Its:
By:
Its :
Date :
THE COUNTY OF RAMSEY
Recommended for approval :
By:
Paul L. Kirkwold, P.E. Chairperson
Director, Ramsey County Board of County Commissioners
Public Works Department
Approved as to Form: Attest :
By.
. Assistant County Attorney Chief Clerk-County Board
Date: Date :
Ramsey County Risk Management
Date :
94011-4
CITY OF ST. ANTHONY
RESOLUTION 94=062
A RESOLUTION CALLING A HEARING ON
1995 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to direction of the City Council of the City of St. Anthony, a report has
been prepared with reference to the improvements:
1995 Street and Utility Improvements Project
This project consists of street reconstruction and replacement of water main and
storm sewer lines on the following streets:
1. Crestview Drive, from 29th Avenue N.E. to 31st Avenue N.E.
2. Armour Terrace, from Silver Lake Road to Crestview Drive
3. Bell Lane, from Armour Terrace to Crestview Drive
4. East Gate Road, from Crestview Drive to Rankin Road
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony:
1. The Council will consider the improvement of such street and utilities in
accordance with the report and the assessment of abutting property for a
portion of the cost of the improvement pursuant to Minnesota Statutes
Chapter 419 at an estimated total cost of the improvements of$932,386.
2. A public hearing shall be held on such proposed improvements on the 10th
day-of January, 1995, in the Council Chambers of the City Hall at 7:00
P.M. or as soon thereafter as possible, and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
RESOLUTION 94-063
A RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
WHEREAS, costs have been determined for the improvement of(1) Crestview Drive, from 29th
Avenue N.E. to 31st Avenue N.E.; (2) Armour Terrace, from Silver Lake Road
to Crestview Drive; (3) Bell Lane, from Armour Terrace to Crestview Drive; and,
(4) East Gate Road, from Crestview Drive to Rankin Road, and the bid price for
such improvement is $659,709.90, and the total cost of the improvement will be
$785,613:90. _
NOW, THEREFORE, BE IT RESOLVED, by the City Council of St. Anthony, Minnesota:
(1) The portion of the cost of such improvement to be paid by the City is hereby
declared to be $504,344.10 (65% of total) and the portion of the cost to be
assessed against benefitted property owners is declared to be $215,344.10 (35%
of total).
(2) Assessments shall be payable in equal annual installments extending over a period
of 15 years, the first of the installments to be payable on or before the first
Monday in 1996, and shall bear interest at the rate of 2 per cent per above the
City's borrowing rate at the time the bonds are issued.
(3) The Consulting Engineer shall forthwith calculate the proper amount to be
specially assessed for such improvement against every assessable lot, piece or
parcel of land within the district affected, without regard to cash valuation, as
provided by law, and the City Clerk shall file a copy of such proposed assessment
in the office for public inspection.
(4) The City Clerk shall upon the completion of such proposed assessment, notify the
Council thereof.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
-,y
City of St.Anthony
Project Costs and Assessments
RCM Project No. 10278.02
Table 1
Breakdown of Construction Costs
Total Construction Cost = $659,709.90
Total Street Construction Costs = $440,373.90
Total Watermain Construction Costs = $163,891.20
Total Storm Sewer Construction Costs = $55,444.80
Table 2
Breakdown of Project.Costs (including Engineering)
Total Project Costs = $785,613.90
Total Street Project Costs = $524,351.86
Total Watermain Project Costs = $195,11539
Total Storm Sewer Project Costs = $66,146.65
Table 3
Breakdown of Street Costs
Total Assessable Footage for all Streets = 6,760.54 LF
Total Street Project Cost (includes engineering, legal and admin.) $524,351.86
Assessable Amount (35%) $183,523.15
City Amount (65%) $340,828.71
Estimated Assessment Rate per Foot = $27.15
(does not include water service connection assessment)
Table 4
Breakdown of Watermain Costs
Total Watermain Project Cost (includes engineering, legal and admin.) $195,11539
Assessable Amount ($400 per connection, 79 Connections) ($31,600.00)
City Amount $163,515.39
Table 5
Breakdown of Total Estimated Project Costs .
Assessed Share (Streets and Water Connection) $215,123.15
City Share (Streets and Watermain) $504,344.10
Storm Sewer 66146.65
Total Estimated Project Cost $785,613.90
.r-_ r ._.. -�.... .. ...... ..ter-. -....•F"-.�e. u...,-. ,.•..-- L_-. '���F.., •t l .-C�'i`li1-.:.��'.. . ... .- ''1'. . _ ..
CITY OF ST. ANTHONY
RESOLUTION 94-064
A RESOLUTION CALLING A HEARING ON PROPOSED
ASSESSMENT FOR 1995 STREET AND UTILITY
IMPROVEMENTS
WHEREAS, by direction of the City Council of the City of St. Anthony, a proposed assessment
of the cost of the following improvements has been prepared:
1995 Street and Utility Improvements Project
1. Crestview Drive, from 29th Avenue N.E. to 31st Avenue N.E.
2. Armour Terrace, from Silver Lake Road to Crestview Drive
3. Bell Lane, from Armour Terrace to Crestview Drive
4. East Gate Road, from Crestview Drive to Rankin Road
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony:
1. A hearing shall be held on the 10th day of January, 1995, in the City
Council Chambers at 7:00 P.M., or as soon thereafter as possible, to pass
upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an
opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published once in the official newspaper at least
two weeks prior to the hearing, and shall state in the notice the total cost
of the improvement. The Clerk shall also cause mailed notice to be given
to the owner of each parcel described in the assessment roll not less than
10 days prior to the hearing.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued.to the date of payment,
to the City Clerk, except that no interest shall be charged if the entire
assessment is paid by November 14th of the assessed year.
The owner may, at any time thereafter, pay to the Finance Director the
entire amount of the assessment remaining unpaid, with interest accrued to
December of the year in which such payment is made. Such payment must
Resolution 94-059
Page 2
be made before November 14th or interest will be charged through
December 31st of the succeeding year.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
ORDINANCE 1994-008
AN ORDINANCE RELATING TO WATER RATES,
AMENDING SECTION 610.02 OF THE 1993
ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 610.02 is amended to read as follows:
610.02. Water Rates. Water bills will be computed quarterly based on metered
water used at the rate of $.90 per 100 cubic feet or any fraction thereof,
commencing January 1, 1995.
Section 2. This ordinance shall be in effect as of January 1, 1995.
First Reading: November 22, 1994
Second Reading: December 13 , 1994
Adopted:
Mayor
ATTEST:
Published in the St. Anthony Bulletin on the day of 19
INFLATIONARY MCREASE
Impact on Community - 4 cent per 100ccf increase in Water Rates
(Water Rates $.90 per 100ccf, Se«•er Rates $1.65 per 100ccf)
(Water = .86 per 100ccf)
Proposed Quarterly Bill '95 Average Quarterly Bill '94
Minimum Bill Water $ 9.00 Water $ 8.60
(1000 ccf) Sewer $16.50 Sewer $16.50
Increase $ .40
Average Bill Water $27.00 Water $25.80
(3000 ccf) Sewer $49.50 Sewer $49.50
Increase $ 1.20
Commercial Property Water $2,565.00 Water $2,451.00
(285,000 ccf) Sewer $4,702.50 Sewer $4,702.50
Increase $114.00
Happy's Water- $4,500.00 Water $4,300.00
(500,000 ccf) Sewer $8,250.00 Sewer $8,250.00
Increase $200.00
CITY OF ST. ANTHONY
ORDINANCE 1994-009
AN ORDINANCE RELATING TO OUTSIDE EMPLOYMENT,
AMENDING SECTION 300.06, SUBD. 1, OF THE
1993 ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 300.06, Outside Employment, Subd. 1, is amended by adding (d) to read
as follows:
(d) No employee shall work for more than one City department at a time,
except in the case of temporary emergency situations, and as ordered by
the Department Heads of the affected City departments, with the only
exception being the Public Works employees who are daytime Reserve
Firefighters.
Section 2. This ordinance shall be in effect as of the date of its publication.
First Reading: November 22, 1994
Second Reading: December 13, 1994
Adopted:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on the day of 1994.
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT.AUTHORITY
December 13, 1994
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF DECEMBER 13, 1994 H.R.A. AGENDA.
IV. APPROVAL OF NOVEMBER 22, 1994 H.R.A. MINUTES.
V. CLAIMS.
A. Dorsey & Whitney -
1 . $807.92.
2. $5,667.60.
B. Springsted - $7,285.50.
C. Williams/O'Brien Associates, Inc. - $2,160.88.
VI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
•2 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES
3 NOVEMBER 22, 1994
4 I. CALL TO ORDER(ROLL CALL.
5 The meeting was called to order at 7:44 P.M. by Chair Ranallo.
6 II. ROLL CALL.
7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Secretary/Treasurer Marks,
8 Commissioners Wagner and Fleming.
9 Also Present: Executive Director Mornson.
10 III. APPROVAL OF NOVEMBER 22, 1994 H.R.A. AGENDA.
11 Motion by Fleming, second by Enrooth to approve the November 22, 1994 H.R.A.
12 Agenda with the following changes:
13 Under V. Claims, Change E. "$973.12" to 11$904.05".
14 Motion carried unanimously.
05 IV. APPROVAL OF SEPTEMBER 13, 1994 H.R.A. MINUTES.
16 Motion by Wagner, second by Fleming to approve the September 13, 1994 H.R.A.
17 minutes as presented.
18 Motion carried unanimously.
19 V. PRESENTATION OF CLAIMS.
20 Motion by Marks, second by Enrooth to approve the following claims with the following
21 changes:
22 Under E: Remove : "$973:23" and replace with"$904.05".
23 A. Ramsey County, in the amount of $427.87 for tax increment financing accounting
24 fees.
25 B. Ramsey County, in the amount of $731.96 for tax increment financing accounting
26 fees.
27 C. Dorsey & Whitney, in the amount of$397.50 for professional services rendered
28 through August 31, 1994, City of St. Anthony HRA General.
29 D. Dorsey & Whitney, in the amount of $73.30 for professional services rendered
through August 31, 1994, Apache Plaza TIF Project.
0-0
1 E. Dorsey & Whitney, in the amount of$904.05 for professional services rendered
Housing and Redevelopment Authority Regular Minutes
November 22, 1994
Page 2 •
1 through 9/30/94, City of St. Anthony General.
2 F. Dorsey & Whitney, in the amount of $575.00 for professional services rendered
3 through 9/30/94, Apache Plaza TIF-Project.
4 G. Springsted, in the amount of $4,249.65 for Financial Advisory Services preformed
5 from January 1, 1994 through June 30, 1994.
6 H. Springsted, in the amount of $4,112.41 for Financial Advisory Services performed
7 August 1, 1994 through October 31, 1994.
8 Motion carried unanimously.
9 VI. APACHE PLAZA LTD. / SUPERVALU, INC. / PAYLESS CASHWAYS UPDATE ON
10 PROCESS FOR TAX INCREMENT FINANCING.
11 A. Bond Sale Authorization by Council ( Tentatively January 10, 1995 ).
12 B. Development and Assessment Agreements for CUB Foods, Knox Lumber and
13 Apache Plaza, Ltd. by ( Tentatively January 10, 1995 ) the H.R.A.
14 Mornson reported that these are the proposed dates for City Council approval of these
15 two issues. He stated that these issues cannot be approved until the petition is resolved.
16 Motion by Wagner, second by Marks to place the Bond Sale Authorization and the •
17 Development and Assessment Agreements for CUB Foods, Knox Lumber and Apache
18 Plaza, Ltd. on the City Council Agenda when appropriate.
19
20 Motion carried unanimously.
21 VII. ADJOURNMENT.
22 Motion by Wagner, second by Marks to adjourn the meeting at 7:53 P.M.
23 Motion carried unanimously.
24 Respectfully submitted,
25 Lorri Kopischke
26 Timesaver Off Site Secretarial
27
28 Mayor
29 ATTEST:_ •
30 City Clerk
DORSEY & WHITNEY
A P.1n..M.e1►I—LUD}O P-75-0—L Co.ro..nuw•
1'.0. 130 N 1 680
.NI I\ I\N I S0'1'.\ 55440-1 650
ITa•IdrnuGcat4m No.
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
0'1 .c a
. City of St. Anthony, Minnesota
Attn: Mr. Michael J. Mornson November 21, 1994
3301 Silver Lake Road Invoice No. 387917
St. Anthony, MN 55418
For Legal Services Rendered Through 10/31/94
Matter: 47
General
Gross Golf Course $75.00
3111 Silver Lake Road $530.00 NRA
Workers Compensation Matter $375.00
MPRS Litigation $1,050.00
Regulation of Adult Businesses $825.00
Review agenda materials and minutes; discussions
with City Manager $75.00
Total For Legal Fees $2,930.00
Plus Disbursements Per Attached $277.82 "Rya
Total This Statement $3,207.82
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 DUE UPON RECEIPT
DOESEY & WHITNEY
A P&vrwu.n►In"WD-0 Pai 1%530X.L 008"NA13"S
P.O. BOX 1680
110I_IS. \11\\KSO'V:% 55 480-1680
(G1=):3.40-=600
ITax Idrnlifirali.m No.41.0]]11171
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, Minnesota
Attn: Mr. Michael J. Mornson November 21, 1994
3301 Silver Lake Road Invoice No. 387917
St. Anthony, MN 55418
Page 2
Disbursements and Service Charges
10/19/94 Abstract Search: Guaranty Title Inc. — 223.00
Obtaining RPA and Specials for 3111 Silver Lake
Road; Lot 22, Block 1, Bonnie View Heights
Addition 10/03/94
Hennepin County Recorder 44.00
Postage Charges .52
Photocopy. Charges 10.30 _
Total For Disbursements and Service•Charges $277.82
Service charges arc 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.
DA VIUCAI'r Ill IV 1 FDr%M DVrIWrPT
Do13SEY & WHITNEY
'A Pen30601F IPCLDDIMD P�.58.0".L COMM .f.—S
P.n. 1301 1680
tIN.N I•::kI'0r.IS. .%II.N.N r:SO•r.k 65480-1 6SO
(61:2)340-2600
1Taa IJemificalion No.41-0::77771
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, Minnesota
Attn: Mr. Michael J. Mornson November 21, 1994
3301 Silver Lake Road Invoice No. 387918
St. Anthony, MN 55418
For Legal Services Rendered Through 10/31/94
Matter: 98
Apache Plaza TIF Project
Telephone conference with M. Mornson; review file in preparation
for 10/12 meeting; attend meeting at city hall; review existing
redevelopment agreements; telephone conference with M. Mornson;
draft redevelopment agreements and assessment agreements;
telephone conference regarding status; review file; telephone
conference with M. Mornson; draft redevelopment agreement and
assessment agreement; telephone conference with M. Mornson;
telephone conference with J. Gilligan regarding development
agreement and regarding platting and zoning issues; draft Apache
Plaza redevelopment agreement; draft letters; finalize draft of
Apache Plaza redevelopment agreement; telephone conference with
M. Mornson regarding ponding issues And watershed approvals;
review development agreements with Apache, SUPERVALU, and Knox;
review information from D. Jones regarding storm water issues.
Total For Legal Fees $5,587.50
Disbursements and Service Charges
Postage Charges 17.30
Photocopy Charges 62.80
Total For Disbursements and Service Charges $80.10
Total This Statement $5,667.60
WRS/615
Service charges arc 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.
DA VMCIVT rl1IC r IDnXl DC/'BVDT
S P R I N G STE D 120 South Sixth Street
Suite 2507
PUBLIC FINANCE ADVISORS Minneapolis, MN 55402.1800
(612) 333.9177
Fax: (612) :4 9-5230
Home Office
85 East Seventh Place 16655 West Bluemound Road
Suite 100 Suite 290
Saint Paul, MN 55101.2143 Brookfield, WI 53005.5935
(612) 223-3000 (414) 782.8222
Fax: (612) 223.3002 Fax: (414) 182-2904
6800 College Boulevard
Suite 600
Overland Park, KS 66211.1533
(913) 345-8062
Fax: (913) 345.1770
DATE: November 15, 1994 1850 K Street NW
Suite 215
TO: Mr. Roger Larson, Finance Director Washington, DC 20006-2200
City of St. Anthony Fax?202)62 331362
3301 Silver Lake Road
St. Anthony, MN 55418-1699
For Financial Advisory Services Performed from February 1, 1993 through October 31, 1994
RE: Community Center Study
Professional Personnel:
Project Manager(27.2 hrs. @ $125/hr.) $3,400.00
Other Officer(24.5 hrs. @ $115/hr.) 2,817.50
Professional Staff(6.6 hrs. @ $90/hr.) 594.00
Support Staff(7.1 hrs. @ $40/hr.) 284.00
Subtotal ...............................................................:............ $7,095.50
Miscellaneous:
Travel $ 47.00
Copies, Special Delivery and Telecopy 143.00
TOTALDUE .................................................................... $72 85.50
I declare under penalty of law that this account is just and correct and that no part of it has been
paid.
SPRINGSTED Incorporated
BONNIE C. MATSON �
Payment is due on receipt of this billing. After 30 days interest will be charged on any balance
at the rate of 1% per month:.
WILLIAMS/ O'BRIEN ASSOCIATES, INC
- ARCHITECTS/PLANNERS
1111 3RD AVENUE SOUTH, SUITE 156
MINNEAPOLIS, MN 55404
INVOICE FOR PROFESSIONAL SERVICES
21 Nov, 1994
Mr. Michael J. Morrison
City Manager
Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Community Service Cente Comm No 9414
STATEMENT.ARCHITECTURAL SERVICES
NOT TO EXCEED$9800
CURRENT BILLING:
TOTAL
HOURS RATE
J. O'BRIEN 9.00 75.00 675.00
J. KOSMALSKI 0.00 21.25 0.00
L HERRMANN 39.50 42.32 . 1671.64
TOTAL CURRENT AMOUNT 2346.64
Previous total billed 7639.12
Total amount to end of current period 9985.76
Total received to end of current period 7639.12
Maximum amount for study 9800.00
TOTAL DUE 2160.88