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HomeMy WebLinkAboutCC PACKET 06271995 Meeting Sheet IIIIII I�III VIII VIII VIII VIII IIII IIII 102196 BOX: 22 Folder: CC PACKETS 1994-1998 Document: CC PACKET 06271995 H.R.A. IMMEDIATELY FOLLOWING - REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL AGENDA JUNE 27, 1995 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF JUNE 27, 1995 COUNCIL AGENDA. IV. APPROVAL OF JUNE 12, 1995 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. AMERICAN BANK - $14,155.00. B. AMERICAN BANK - $10,511 .25. • C. ARBORQUIP - $17,294.54. D. DORSEY & WHITNEY - $2,226.95. E. RIEKE CARROLL MULLER - $15,093.08. F. VERIFIED. VII. REPORTS. A. MAYOR. B. COUNCIL. C. CITY MANAGER. VIII. PUBLIC HEARINGS. A. RESOLUTION 95-041 , RE: MODIFICATION OF REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS. B. RESOLUTION 95-042, RE: AMENDING REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR DISTRICT #2, RAMSEY COUNTY. IX. NEW BUSINESS. A. AWARD BID FOR SEWER REPAIRS ON 33RD AVENUE N.E. B. RESOLUTION 95-040, RE: OPERATING AGREEMENT WITH A FOOD SERVICE MANAGEMENT CONSULTANT AT THE STONEHOUSE RESTAURANT. X. UNFINISHED BUSINESS. A. ARNIE GREGORY FOR 2926, 2930, 2938, AND 3004 OLD HIGHWAY 8 (THE ARBORS AT ST. ANTHONY VILLAGE): COUNCIL AGENDA JUNE 27, 1995 PAGE 2 1 . REZONING REQUEST (3RD READING). 2. FINAL PLAT. B. BRUCE NEDEGAARD, FOR XXXX FORDHAM DRIVE (THE VILLAGE COMMONS): 1 . REZONING REQUEST (3RD READING). 2. FINAL PLAT. C. MILDRED VERKINS FOR 3220-29TH AVENUE N.E., 2870 AND 2876 HIGHWAY '88: 1 . FINAL PLAT. D. ORDINANCE 1995-001 , RE: LOT COVERAGE (3RD READING). E. ORDINANCE 1995-005, RE: ADULT USES (3RD READING). F. ORDINANCE 1995-006, RE: BUILDING CODE (2ND READING). XI. ADJOURNMENT. CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING MINUTES 4 JUNE 12, 1995 5 6I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 7 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by 8 Mayor Ranallo. 9 10II. ROLL CALL. 11 Councilmembers present: Ranallo, Fleming, Marks, and Wagner. 12 Absent: Enrooth. 13 Staff present: City Manager Mornson, Finance Director Roger Larson. 14 15 Mayor Ranallo indicated that due to the absence of the Recording Secretary, the written minutes 16 will consist of a summary of the meeting only and the meeting tape will include all comments 17 made during the meeting. 18 19I11. APPROVAL OF JUNE 12, 1995 COUNCIL AGENDA. 20 Motion by Marks, second by Wagner to approve the June 12, 1995 Council Agenda as 21 presented. 10 Motion carried unanimously, 24 25 IV. APPROVAL OF MAY 23, 1995 COUNCIL MINUTES. 26 Motion by Fleming, second by Wagner to approve the May 23, 1995 Council minutes as 27 presented. 28 29 Motion carried unanimously. 30 31 V. LICENSES/PERMITS/PETITIONS. 32 Motion by Marks, second by Fleming to approve the following licenses: 33 34 Multiple Dwelling 35 Apache Manor, 3817 Macalaster Drive (renewal) 36 Chandler Place, 3701 Chandler Drive (renewal) 37 Walker on Kenzie, 2626 Kenzie Terrace (renewal) 38 Equinox Apartments, 2808 Silver Lane (renewal) 39 Cameron Properties, 3721 Chandler Drive (renewal) 40 Autumn Woods Apartments, 2600 Kenzie Terrace (renewal) 41 Contractors 42 Rite-Way Waterproofing, Lino Lakes, MN (renewal) Joe Nelson Stucco Co., Inc., Coon Rapids, MN (renewal) 0 Lone Oak Tree Service, Minneapolis, MN (renewal) 45 1 City Council Regular Meeting Minutes 2 June 12, 1995 3 Page 2 4 5 Rayco Construction, Inc., Columbia Heights, MN (re-roof Sheehy Co., 2818 Anthony 6 Lane) 7 Twin City Sign Images, Inc., Minneapolis, MN (Sign for Stop 'N' Go. 37th Avenue 8 N.E. and Stinson Boulevard) 9 Stock Roofing, Fridley, MN (re-roof for Marshall Manufacturing, 3820 Chandler Drive) 10 Heating Contractors 11 Egan Mechanical, New Hope, MN (working at Salvation Army Camp) 12 Gilbert Mechanical, Edina, MN (working at RL Johnson building) 13 Paul Falz Company, Inc., St. Paul, MN (replacing furnace in R-1 home) 14 15 Motion carried unanimously_,. 16 17 VI. PRESENTATION OF CLAIMS. 18 Motion by Marks, second by Wagner to approve the following claims: 19 A. TKDA Engineers.in the amount of$1,157.10 for engineering services with the initial 20 energy audit of water utility facilities. 21 B. Dorsey & Whitney in the amount of$3,750.21 for legal services rendered through April 22 30, 1995. • 23 C. 5 pages of Verified Claims as presented by the Finance Director. 24 25 Motion carried unanimously. .26 27 VII. REPORTS. 28 29 A. 1994 Audit Report. Stuart Bonniwell was present to report on the 1994 audit he 30 performed for the City. The main thrust of the report was that the overall financial 31 condition of the City remains healthy. Mr. Bonniwell had submitted a letter with his 32 comments and observations which was included in the agenda packet and reviewed by the 33 Council. 34 35 Motion by Marks, second by Wagner to approve the City's 1994 audit report. 36 37 Motion carried unanimously. 38 39 B. Mayor. 40 Mayor Ranallo had nothing to report at this time. 41 42 C. Councilmembers. 43 Wagner had nothing to report at this time. • 44 June 22, 1995 at 7:30 A.M. 45 City Council Regular Meeting Minutes June 12, 1995 3 Page 3 4 5 Fleminp, reported that she met with Kathy Knapp, Community Services Director, 6 regarding the Healthy Youth group. She indicated a meeting of this group will be held 7 soon. 8 Marks had nothing to report at this time. 9 10 D. City Manager. 11 The City Manager informed the.Mayor and Council of the following five items: 12 1) A recent press release regarding junk and blight around the City generated 12 13 calls.to City staff. 14 2) The public hearing for the Tax Increment Financing amendment is scheduled for 15 June 27, 1995. 16 3) Work on the 1996 budget has begun. The first draft should be ready by August. 17 Mayor Ranallo suggested the Council again review the budget with staff, which 18 had been done in past years and in addition, to hold a budget workshop two 19 months before the hearing. 20 4) State Senator Marty and Representative McGuire have requested to give a 21 legislative update and are placed on the July 11th agenda. 4 5) Morrison and Chief Engstrom attended the bi-monthly meeting with the City Administrators of Falcon Heights and Lauderdale regarding police matters. Both 24 Administrators indicated everything is going well in their respective cities. They 25 also would like to begin the new contract process soon. Mayor Ranallo 26 commented on the possibility of an open house relating to policing the cities. 27 28 VIII. PUBLIC HEARINGS - None. 29 301X. NEW BUSINESS. 31 A. Resolution 95-034 re: Maintenance agreement for election equipment 32 Motion by Marks, second by Wagner to approve Resolution 95-034, regarding the 33 maintenance agreement for the four City-owned Optech IIIP voting tabulators. 34 35 Motion carried unanimously. 36 37 B. Resolution 95-035 re: Termination of lease agreement with Highwood Food Services 38 Inc. 39 Motion by Wagner, second by Fleming to approve Resolution 95-035, regarding the 40 termination of the lease agreement with Highwood Food Services, Inc. which manages 41 food services at the Stonehouse Restaurant. Agreement will be effective as of June 30, 42 1995. 4 Motion carried unanimously. 1 City Council Regular Meeting Minutes • 2 June 12, 1995 3 Page 4 4 5 C. Resolution 95-036 re• Food service management contract 6 Motion by Marks, second by Fleming to approve Resolution 95-036, regarding a food 7 service management contract with Ernie's Catering which will be a management 8 consultant for the Stonehouse Restaurant beginning July 1, 1995. 9 10 Motion carried unanimously. 11 12 D. Resolution 95-037 re: Fund transfer for liquor operations renovations • 13 Motion by Wagner, second by Fleming to approve Res_olution 95-037, regarding the fund 14 transfer for renovations to be done and to upgrade the computer system for the liquor 15 operations. 16 17 Motion carried unanimously. 18 - -- — - 19 E. Resolution 95-038 re: Monetary assistance for development/redevelopment projects 20 Motion by Marks, second by Wagner to approve Resolution 95-038, regarding a 21 guideline for monetary assistance to City development and redevelopment projects. '22 Councilmembers were assured that they would have final approval in fund assistance to • 23 these projects. 24 25 Motion carried unanimously. 26 27 F. Resolution 95-039 re: Bid award by Ramsey County for reconstruction of Silver Lake 28 Road, 29 Motion by Fleming, second by Marks to approve Resolution 95-039, regarding 30 concurrence with Ramsey County's award of the bid for construction on improvements 31 for Silver Lake Road between Silver Lane and I694. The City Manager was asked if he 32 knew when the construction would begin. Mornson responded that construction.had 33 been delayed as a result of legislative action but had been scheduled for.this summer. 34 35 Motion carried unanimously. 36 37 G. Ordinance 1995-006 re: Amend building code (1st reading) 38 Motion by-Marks, second by Fleming to approve the first reading of an ordinance 39 amendment relating to the building code. The City has adopted use of the State Building 40 Code and since the State has amended the code, the City must also do so. 41 42 Motion carried unanimously. 43 • 44 45 City Council Regular Meeting Minutes June 12, 1995 3 Page 5 4 5 H. Change Order #1 relating to the 1995 Street and Water Main Improvements 6 Motion by Marks, second by Wagner to approve Change Order #1 which is the result of 7 an adjustment in the depth of a water main involving both sides of Armour Terrace. 8 9 Motion carried unanimously. 10 11 X. UNFINISHED BUSINESS. 12 13 A. Second reading for rezoning request from Arnie Gregory for properties on Old Highway 14 8 15 Mr. Gregory, the developer for 2926, 2930, 2938 and 3004 Old Highway 8 was present 16 to give an update on the project. He indicated everything.is proceeding as planned. He 17 and the property owners who are concerned about an easement to get to their driveway 18 and into their garage are working on a conclusion to the issue. Mr. Gregory indicated he 19 is anticipating closing on the properties about July 14th and the demolition of the present 20 buildings to begin about July 17th. The first units are expected to be ready by the end of 21 November and will be sold by a realtor he has hired. The units will sell for between $139,000 and $165,000. 24 Motion by Marks, second by Fleming to approve the second reading of the rezoning . 25 request for 2926, 2930, 2938, and 3004 Old Highway 8 made by developer Arnie 26 Gregory. 27 28 Motion carried unanimously. 29 30 B. Second reading for rezoning request for properties on Fordham. Drive 31 Developer for the properties on Fordham Drive, Bruce Nedegaard, had been present but 32 had not returned. Councilmembers decided to proceed with the other issues on the 33 agenda in the hopes Mr. Nedegaard would be back at the meeting. 34 35 C. Ordinance 1995-001 re: Lot coverage (2nd reading). 36 Motion by Marks, second by Wagner to approve the second reading of an ordinance 37 amendment relating to lot coverage. 38 39 Motion carried unanimously. 40 41 D. Ordinance 1995-005 re: Adult uses (2nd reading). 42 Motion by Fleming, second by Wagner to approve the second reading of an ordinance 0 amendment relating to adult uses. 45 Motion carried unanimously, 1 City Council Regular Meeting Minutes 2 June 12, 1995 3 Page 6 4 5 6 The Council returned to agenda item B, the second reading for a rezoning request from Bruce 7 Nedegaard, under UNFINISHED BUSINESS. Mr. Nedegaard had not yet returned to the meeting. 8 9 B. Second reading for rezoning request from Bruce Nedegaard for properties on Fordham 10 Drive. 11 The Mayor asked if anyone in the audience would like to address the Nedegaard 12 proposal. No one came forward to do so. 13 . 14 Motion by Marks, second by Fleming to approve the second reading of the rezoning 15 request from Bruce Nedegaard for XXXX Fordham Drive. It was thought the units in 16 this proposed development would cost a minimum of$130,000. 17 18 Motion carried unanimously, 19 20 XI. ADJOURNMENT. 21 Motion by Marks, second by Fleming to adjourn the meeting at 7:40 P.M. 22 23 Motion carried unanimously, 24 25 26 27 28 Mayor 29 30 31 32 ATTEST: 33 City Clerk 34 . ain n thou illa e DATE: June 27, 1995 APPROVAL TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Heatipg Contractors License: Standard Heating & Air Conditioning, Mpls, MN (Renewal) Centraire Inc., Eden Prairie, MN (Renewal) Home Energy Center, Plymouth, MN (Renewal) Richmond & Sons,Elec., dba: Golden Valley Heating & Air Condtioning, Crystal, MN (Renewal) Yale Incorporated, Bloomington, MN (Renewal) Superior Contractor Inc., Mpls., MN (Renewal) Sedgwick Heating & Air Conditioning, Mpls. MN (Renewal) Sharp Heating & Air Conditioning, Mpls., MN (Renewal) Preferred Mechanical Services, Inc., Richfield, MN (Renewal) Apollo Heating & Ventilating Corporation, Oakdale, MN (Replacing furnace in R-1 on Townview Avenue) Owens Services Corporation, Bloomington, MN (Renewal) Market Mechanical Refrigeration, Air Conditioning & Heating Contractor, Plymouth, MN (Renewal) Contractors License: Suburban Lighting Inc., Stillwater, MN .(Working on sign for Stop 'N' Save/33rd & Stinson) sin tho ills e DATE: June 27, 1995 APPROVAL: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk - ITEM: Licenses and Permits for Council Approval: Temporary 3.2 Beer and Wine Permit: Central Park/July 23, 1995/Paquette Family Picnic • Central Park/August 20, 1995/Lucking Machine Company Picnic • CITY OF ST ANTHONY DEPARTIMENT OF LICENSING Date: The following is an application for use of/3.2 beer in City Parks. FULL NAME OF APPLICANT: (Must work in St. Anthony live in St. Anthony) ADDRESS: AGE:_j_13 c'1�I certify that I am a resident of St. Anthony or work in the City. "ronsible for conduct of his/her oup. - pplic t NAME OF GROUP: A el u c'77'e_ # IN GROUP: .4 5?% LOCATION: DATE: 3 191' HOURS: / - TELEPH NE : $50.00 CLEAN-UP DEPOSIT: (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: RETURNED: INDEPENDENT SCHOOL DISTRICT NO. 282. .Community Services Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 • Phone: 781-502.1 Facilities Reservation Form Permit No. Name i ' ' Home Phone A �� Bus: Phone �' 7 IJ Address - ,.. ,�, �- r�r�> �_ �� Today's Date Name of Group or Organization '1,77 `' I Intended Use Date(s) wanted a1 f �TJ ;1 Day(s)�u)M T W Th F Sa (circle) Building: High School Auditorium Community Center Cafeteria Wilshire Park Elem. School Classroom(s) # —�Other `' •..�'���+ -'� �' I �,•� �+�h Gymnasium (If High School, circle one: �C �:. .c C- r.l . LARGE SMALL ) Kitchen Other Doors to open am pm Expected attendance: Activitybegins am . pm Admission: —,LFree Charge Activity ends am _pm Will merchandise be.sold? _ 442 Special arrangements needed (chairs, cooks, AV equipment, etc.): I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and 'regulations of the Board of Education, Independent School District#282.As a group or organizational agent,I will attend this function,and I will be solely responsible forgiving any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty is necessary for admittance for the Initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of.the facility.Rentee waives all.rights and claims for potential damages incurred in this rental arrangement. , (signatwe of responsible person) Bill to: (name) (address) --------------------------------------------FOR OFFICE USE ONLY------------------------------------- -- Class Ins Approved bye '� + Date Charges: Rental Custodial Cooks Other charges: Note: WNRE—Comprj Iy Services OHim copy CANARY—Busine"ofrioo Copy PINK—Cusbdlsn?Crmny GOLD—AppNomrs Copy CITY OF ST ANTHONY DEPARTMENT OF LICENSING Date: The following is an application for use of 3.2 beer in City Parks. , FULL NAME OF APPLICANT: Z_1'tC'x-1 A) 6 �IA7 L aa, .)e, (Must work in St. Anthony or live in St. Anthony) ADDRESS: l oZ c1d l 7S cal. k� AGE: I certify that I am a resident of St. Anthony or work in the City. I am responsible for conduct of his/her group. Signature of Ap ht NAME OF GROUP:_ # IN GROUP• LOCATION: f�-l_ DATE: - O HOURS: TELEPHONE#: 7$A— 9,5- 9 $50:00 CLEAN-UP DEPOSIT: (You are responsible for Park Clean-up, the deposit will be returned after inspection of the Park) RECEIVED BY: - &- -�An- RETURNED: INDEPENDENT SCHOOL DISTRICT NO. 282 r - Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 • Phone: 781-5021 Facilities Reservation Form Permit No. Name4-ov 6 11W- 1. .� � Home Phone Bus. Phone Address1 Today's Date Name of Group or O ganization Intended Use Dates) wanted _ Day(s),Su;M T W Th F Sa (circle) Building: High School Auditorium Community Center Cafeteria Wilshire Pars Elem. School Classrooms) # Other Gymnasium (If High School, circle one: LARGE SMALL ) Kitchen Other Doors to open am pm Expected attendance: Activitybegins -am m Admission: Free Charge Activity ends am X-F&lpm Will merchandise be sold? Special arrangements needed (chairs, cooks, AV equipment. etc.): -r �•�rJ� -7-.�-��L."c� ll_."R.�L'_•-�'£^'l i....j.'_Lf`� � � t • I• l /` I J f .�� 1 ��..1 4 J� I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School District#282.As a group or organizational agent,l will attend this function,and I will be solely responsible forgiving any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty Is necessary for admittance for the Initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for potential damages incurred in this rental arrangement. (signature of responsible perspn) Bill to: (name) (address) -----_----------------------------------FOR OFFICE USE ONLY------------------------- --- --- -- Class Ins Approved by //4. Date f" �� •_� 1, Charges: Rental _ Custodial Cooks Other charges: Note: i wHITe—col--4y s.rnc"olnce copy cnw►nr—su.ir..s Omo.cam„ OINK_am%&dh�C�. GOLD_Anepea ra r rk X " u June 21, 1995 Mr. Larry Hamer Public Works Director City of St. Anthony 3301 Silver Lake Road St. Anthony, MN '55418 RE: Payment Application No. 2 1995 Street and Watermain Improvements St. Anthony, Minnesota RCM Project No. 10278.03 Dear Mr. Hamer: rieke Carroll *nuc%ineers ller Enclosed are two (2) copies of Payment Application No. 2 received from Midwest ociates, inc. Asphalt, Inc. We recommend that the City of St. Anthony make payment in the amount of$235,990.93, as requested. aritects land surveyors equal opportunity Please review, sign and distribute one copy to Midwest Asphalt, Inc. with their check, if employer this is acceptable to the City. Please call if you have any questions. Sincerely, 9G�k Paul Blum, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. PB/bam Enclosures w 10901 red circle drive box 130 minnetonka, minnesota 55343 612-935-6901 fax 612-935-8814 PAYMENT APPLICATION NO. 2 CONTRACT SUMMARY: • 1 - Original contract amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 659,709.90 2 - Additions approved to date (Itemize) (Nos. none ) . . . . . . . . . . . . . . . . . . . . . $ 0 3 - Deductions approved to date (Itemize) (Nos. none ) . . . . . . . . . . . . . . . . . . . . $ 0 4 - Revised contract amount to date . . . . . :' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 659,709.90 STATUS OF ACCOUNT: 5 - Contract amount to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 659,709.90 6 - Value of completed work to date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 318,851.61 7 - Material stored on site (Attach Schedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ NA 8 - Less 5 per cent retained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,942.58 9 - Total earned less retained amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,909.03 10 - Total of estimates previously approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,918.10 11 - Amount due this estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 235,990.93 APPROVAL OF FIELD SUPERVISOR CERTIFICATE OF CONTRACTOR: I (We) certify that all work for which this request for payment is made has been completed in full, according to the Date plans and specifications and terms of the contract documents. . I (We) also certify that payment has been made for all just claims for labor, material and.services in connection with the APPROVAL OF ENGINEER: work performed on all preceding estimates. The work of the project and this estimate have been examined and the amount shown is recommended for MIDWEST ASPHALT CORPORATION payment. Firm Name Signature Signature Date b Z '9S Date J/ *age 1 of 2 City of St Anthony Description: Watermain and Street Improvements RCM Project No.10278.03 Payment Application No.2 Bid Bid Bid. Previous Current Quantity Current Cost Item Item Description Unit Quanti Unit Price Amount Quantity _Q_tw tity---to Date --Amount to Date 2021.501 Mobilization LS 1 $9,500.00__$9,500.00 _ 0.5 _ 0.15 _ _0.65 $1,425_.00 _$6,175.00 2104.501 Remove Existing Copper Service LF 1896 $2.65 $5,024.40 __ _237 _1_5.71.5 1808.50 $4,164.48 _ $4,792.53 2104.501 Remove Conc.Curb&Gutter LF 8085 $2.00 $16,170.00 2240 4819 7059.00 $9,638.00 $14;118.00 2104.501 Remove Existing Storm Sewer Pie LF 730 $10.10 $7,373.00 0 30 30.00 $303_.00 $303.00 2104.505 Remove Concrete DW Pavement SY 1250 $3.00 $3,750.00 186 156.3 342.30 $468.90� $1,026.90 2104.505 Remove Bituminous Pavement Incl.D SY 14315 $0.45 $6,441.75 3318 6078.9 9396.90 $2,735.51 $4,228.61 2104.509 Remove Existing Curb Boxes EA 37 $63.65 $2,355.05 5 _ 13 18.00 $827:45 $1,145.70 2104.509 Remove Existing Hydrant EA 7 $480.00 $3,360.00 1 5 6.00 $2,400.00 $2,880.00 2104.509 Remove Existing GV and Box EA 3 $480.00 $1,440.00 2 0 2.00 __$0.00 $960.00 2104.509 Remove Existing GV Box Only EA 7 $130.00 $910.00 2 4 6.00 $520.00 $780.00 2104.509 Remove Existing Catchbasin EA 10 $320.00 $3,200.00 0 4 4.00 $1,280.00 $1,280.00 2104.509 Remove Existing Manhole EA 4 $320.00 $1,280.00 0 1 1.00 $320:00 $320.00 2104.509 Remove Catchbasin Casting EA 2 $63.65 $127.30 0 2 2.00 $127.30 $127.30 2104.511 Sawing Bituminous Pavement LF 547 $2.35 $1,285.45 0 _0 0.00 $0.00 $0.00 2104.513 Saving Concrete Pavement LF 1010 $2.85 $2,878.50 1006 710.3 1716.30 $2,024.36 $4,891.46 2105.501 Common Excavation P CY 9495 $5.00 $47,475.00 0 4990 4990.00 $24,950.00 $24,950.00 2105.525 Topsoil Borrow(M CY 1200 $9.00 $10,800.00 0 0 0.00 $0.00 $0.00 2111.501 Test Rolling STA 41.4 $23.50 $972.90 0 0 0.00 $0.00 $0.00_ 2112.501 Subgrade Preparation STA 41.4 $130.00 $5,382.00 0 19.01 19.01 $2,471.30 $2,471.30 2211.501_Aggregate Base,Class 5, incl.D TON 14265 $5.95 $84,876.75 0 5528.18 5528.18 $32,892.67 $32,892.67 2211.501 Aggregate Base,Class 5 100%Crushed Quarry Rock TON 5746 $7.15 $41,083.90 0 2668.94 2668.94 $19,082.92 $1.9,082.92 2331.508 1 1/2"Type 41A Bituminous Wear TON 1215 $25.00 $30,375.00 0 0 0.00 $0.00 $0.00 2331.514 2"Type 31B Bituminous Base TON 1619 $21.85 $35,375.15 0 0 0.00 __ $0.00 $0.00 2357.502 Bituminous Tack Material GAL 715 $1.60 $1,144.00 0 0 0.00 $0.00 $0.00 2502.521 6"PE Corrugated Pipe Drain LF 2200 $7.10 $15,620.00 0 957 957.00 $6,794.70 $6,794.70 2503.541 12"RCP LF 285 $21.50 $6,127.50 0 103 _ 103.00 $2,214.50 $_2,214.5_0 2503.541 15"RCP LF 430 $22.80 $9,804.00 __ 0 2.08 _2_08.00 $4,742.40 _$_4,742.40 2503.541 18"RCP LF 240 $24.70 $5,928.00 _ 0 __ _0 __ _0_.00 $0.00 _ $0.00 0504.602 Connect to Existing Watermain EA 4 $1,700.00 $6,800.00 _ 2 _ _ 1 3.00 $1,700.00 $5,100.00 0504.602 Hydrant EA 9 $1,300.00 $11,700.00 _ 2 _ _ 4 _ _6.00 $5,200.00 _ $7__,800.00 0504.602 Adjust GV Box EA 11 $125.00 $1,375.00 0 _0 0.00 $0.00 _$0.00 0504.602 Curb Stop,Box and Cap EA 37 $180.00 $6,660.00 5 34 _ 39.00_ $_6,12_0.00 $7,020.00 0504.602 Flared End Coupling EA 11 $34.00 $374.00 0 -0-1-----0-00- $0.00 $0.00 Page 2 of 2 0504.602 Reconnect Existing Service to New Main include Corporation) EA 76 $175.00. $13,300.00 12 55 67.00 $9,625.00 $11,725.00 0504.602 Connect Ex.Pipe to MH EA 3 $530.00 $1,590.00 0 0 0.00 _$0.00 $0.00 0504.603 Remove&Reinstall Sprinkler System LF 80 $1&00 $1,280.00 0 0_ 0.00 _$0.00 $0.00 0504.603 1"Copper Service Pipe LF 1865 $7.95 $14,826.75 253 1644 1897.00 $13,069.80 $15,081.15 0504.603 6"DIP Watermain-CL.52 LF 4200 $16.00 $67,200.00 1836 2142 3978.00 $_34,272_.0_0 $63,648.00 0504.607 6"GV and Box EA 11 $456.00 $5,016.00 7 _5 12.00 $2,_280.00 $5,472.0_0 0504.620 Ductile Iron Fittings LB 950 $2.75 $2,612.50 575 1440 2015.00 $3,960.00 $5,541.25 2506.509 Catchbasins(4'.Diameter) FA 10 $1,130.00 $11,300.00 0 4 4.00 $4,520.00 $4,520.00 2506.509 Catchbasins 2'x 3'Box EA 5 $930.00 $4,650.00 0 1 1.00 $930.00 $930.00 2506.509 Manholes 4'Diameter EA 3 $1,125.00 $3,375.00 0 1 1.00 $1,125.00 $1,125.0_0 2506.521 Fumish and Install Manhole Casting EA 29 $316.00 $9,164.00 0 0 0.00 _$0.00 _ $0.00 2506.521 Fumish and Install Catchbasin Casting EA 2 $345.00 $690.00 0 2 2.00 _$_690_.00 __$690.00 2521:501 4"Thick Concrete Sidewalk SF 720 $2.30 $1,656.00 0 122.03 122.03 $280.67 $280.67 2521.501 Concrete Steps SF 100 $15.90 $1,590.00 0 70.56 70.56 $1,121.90 $1,121.90 2531.501 B618 Concrete Curb and Gutter LF 8070 $5.55 $44,788.50 0 3514 3514.00 $19,502.70 $19,502.70. 2531.507 6"Thick Conc.DW Pavement 8 Aprons SY 830 $25.00 $20,750.00 0 480.7 480.70 $12,017.50 $12,017.50 0563.601 Traffic Control LS 1 $5,000.00 $5,000.00 0.2 0.3 0.50 $1,500.00 $2,500.00 2573.501 Bale Check EA 200 $2.50 $500.00 4 22 26.00 _$55.00 $65.00 2575.505 Sod T -Lawn SY 10525 $1.40 $14,735.00 0 0 0.00 _$0.00 $0.00 Spec 1 Bituminous Pedestrian Ramp EA 2 $175.00 $350.00 0 0 0.00 _$0.00 $0.00 Spec 2 3"Bituminous Driveway Pavement SY 264 $12.50 $3,300.00 0 0 --0.00---. $0.00 $0.00 Spec 3 Sewer Service Repair FA 10 $690.00 $6,900.00 0 3 3.06 $_2,070.00_ $2,076.00 SDec 4 Pipe Foundation Material TON 650 $7.75 $5,037.50 0 23.48 23.48 $181.97 $181.97 Spec 5 Geotextile Fabric SY 17750 $0.84 $14,910.00 0 7181.53 7181.53 $6,032.49 $6,032.49 Spec 6 Sewer Main Repair 8'-12'Dee EA 5 $1,800.00 $9,000.00 4 1 5.00 $1,800.00 $9,000.00 Spec 7 Maintain Driveway Access LS 1 $2,500.00 $2,500.00 0.11 0.39 0.50 $975.00 $1,250.00 Spec 8 Bituminous Casting Rams EA 32 $210.00 $6,720.00 0 0 0.00 $0.00 $0.00_ Total Contract $659,709.90' Total Completed and Stored $318,851.61 Amount Retained 5.percent) $15,942.58) Previous Payments Payment No.1 $66,918.10 $66,918.1_0) Amount Due This Request $235,990.93 Percent Completed to Date _ ____ _48.33% C �AMERI CORPORATE TRUST DEPARTMENT 612-298.6256 BANK.. 101 East Fifth Street St. Paul, MN 55101-1860 8495 ST ANTHONY MN 1994B 6/07/95 GO IMPROVEMENT BONDS DATED 6-1-94 NOTICE OF PAYMENT DUE 08/01/95 REGISTERED INTEREST $14, 155.00 FUNDS ARE DUE ON 07/27/95 • *PLEASE RETURN A COPY OF THIS NOTICE WITH YOUR REMITTANCE TO W RE R*M- ATIN:PAYING AGEM AM 809-6Mn CITY FINANCE DIRECTOR 3301 SILVER LAKE RD ST ANTHONY MN 55418 • CORPORATE TRUST DEPARTMENT AMERICAN ' BANK.. E12-298-6256 6256 101 East Fifth Street St. Paul, MN 55101-1860 8415 ST ANTHONY MN 93A 6/07/95 GO IMPROVEMENT BOND DATED 8-1-93 NOTICE OF PAYMENT DUE 08/01/95 REGISTERED. INTEREST $10.511 .25 FUNDS ARE DUE ON 07/27/95 0 *PLEASE RETURN A COPY OF THIS NOTICE WITH YOUR REMITTANCE TO WIRE FUNDS: ATTN:PAYM AGR4 ABA y094000072 CITY FINANCE DIRECTOR 3301 SILVER LAKE RD ST ANTHONY MN 55418 • INVOICE 14 rborQuip 8337 E%%ing Road Bloomington,MN 55431 612-820-8324 612-820-8325 FAX Purchaser Name City of St. Anthony Date 6/12/95 Purchaser Address 3301 Silver Lake Road P.O. Number 3721 St Anthony. MN 55418 FOB St. Anthony DESCRIPTION Brush Bandit Model 250XP s/n 8930,Color yellow. Cummins 4133.9-76 HP diesel engine, Auto feed system, Lift cylinder for top feed wheel. Raised 4"on trailer frame. WARRANTIES Manufacturer's Warranty (X) No Warranty ( ) TRADE-IN : Olathe Model 330 CASH SELLING PRICE 17,439.00 TRADE IN ALLOWANCE 1,200.00 CASH DIFFERENCE 16,239.00 SALES TAX 1,055.54 BALANCE DUE 17,294.54 • DORSEY & WHIT\TEY PHOrtsSIONAL UMIrLD 11- IL1rY F.nn cssetr P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480.1680 (612)340.2600 fra:identltlostlon No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St. Anthony, Minnesota June 15, 1995 Attn: Mr. Michael J. Mornson Invoice No. 441850 3301 Silver Lake Road St. Anthony MN 55418 For Legal Services Rendered Through 05/31/95 Client-Matter No: 178820-00047 General 40oning for Massage Business $ 70 .00 Building Code Ordinance $ 140 .00 Council Meeting - May 23 , 1995 $ 340 .00 Village Commons $ 345 .00 The Arbors $ 845 .00 Water Treatment Facility $ 255.00 Review agenda materials and minutes; discussions with City Manager $ 200 .00 Total For Legal Fees $2, 195 .00 Plus Dusbursements Per Attached $ 31.95 Total This Statement $2, 226 .95 i 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 Rieke Carroll Muller Associates, Inc. INVOICE Engineers * Architects • Land Surveyors STATEMENT 0. BOX 776 MIINNETONKA. MN 55343 GAY ORD. MN 55334 ❑ TE 1 ST.. CLOUD, MN 56301 GRAND RAPIDS. MN 55744 FARIBAULT, MN 5 021 MAY 25, 1995 INVOICE NO. 12962 PROJECT NO. 10278.03 CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN 55418 ATTN: LARRY HAMER FOR: ST. ANTHONY 1995 STREETS - CONSTRUCTION PROFESSIONAL SERVICES FROM APRIL 23, 1995 TO MAY 20, 1995 --------------------------------------------------------- PROFESSIONAL PERSONNEL HOURS RATE AMOUNT SR CIVIL ENGR 9.5 80.00 760.00 CIVIL ENGINEER 7.0 60.00 420.00 SR CIVIL TECH 11.5 60.00 690.00 SR FIELD REP 182.1, ;, - 60.00 10,926.00 2-MAN SURV CREW 24.3" 80.00 1,944.00 SECRETARY/REPRO 3.5 40.00 140.00 TOTALS 237.9 14,880.00 TOTAL LABOR 14,880.00 REIMBURSABLE EXPENSES HIRED TRAVEL 211.80 REPRODUCTION 1.28 TOTAL REIMBURSABLES 213.08 213.08 -------------- TOTAL THIS INVOICE $ 15,093.08 -------------- 1 declare under the penalties of law that this account, claim or demand is just and corr and o part of it has been paid. X � - - - - SIGNATURE OF CLAIMANT June 6, 1995 Mr.Larry Hamer Public Works Director City of St.Anthony 3301 Silver Lake Road St.Anthony,MN 55418 RE: Invoice for Engineering Services April 23, 1995 to May 20, 1995 1995 Street Reconstruction St.Anthony, Minnesota RCM Project No. 10278.03 Dear Larry: The following is a list of personnel and tasks performed for the 1995 Street Reconstruction Project during the above period. Construction Phase Senior-Civil-Engineer Paul Blum .9.0 hour Respond to resident questions,and Dick Potz 0.5 hour complaints, review contractor's pay application, coordination with rieke contractor and City. carroll muller Civil Engineer associates,inc. Duane Cramer 7.0 hours Review shop drawings, contractor's en ineers pay application,newsletter architects land surveyors equal opportunity Senior Civil Technician employer Charles Wallin 11.5 hours Survey computations,staking Senior Field Representative Jeff Skoog 182.1 hours On site resident observation 2-Man Survey Crew Charles Wallin 24.3 hours Staking Scott Kurvers 24.3 hours Secretary/Graphics Barb Miller 2.9 hours Shop drawings,pay application, Karen Anderson 0.2 hours newsletter Jill Meskan 0.2 hours Randy Bloom 0.2 hours Please call if you have any questions. Sincerely, nn Paul W.Blum,P.E. RIEKE CARROLL MULLER ASSOCIATES,INC. 10901 red circle drive box 130 minnetonka,minnesota 55343 612-935-6901 fax 612-935-8814 - OKC FINANCIAL SYSTEM- - ST. ANTHONY VILLAGE /09./55-10,27 Check-Register GL540R�L04_.30-P-AGE---1 BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT -- 004011---ALLP-RASE-BUSINESS-SUP-PLI 7.802-06/09-/55 455_-42 004015 AMERICAN LINEN SUPPLY CO 7803 06/09/95 827. 10 004016 AMERICAN RISK SERVICES 7804 06/09/95 273.00 ------. --.00001----AT&T X505-06/-09/95 5.-46 004293 BELLBOY CORP. 7806 06/09/95 1 ,684.24 .00002 BMI INC. 7807 06/09/95 840.00 X04040 80YD-HOUSER-CAND-Y&-T-OBA 7808-06/-09/95 ?3-1-2-4 -34 004095 COCA COLA BOTTLING 7809 06/09/95 1 ,709.98 004101 COMMERS 7810 06/09/95 20. 18 - -0041-08-OAN-S-REGIST-ER-SER.V-I-C 7$-1-1-06/-09-/ 40t 96 004109 DENTICARE 7812 06/09/95 45.90 004120 EAGLE WINE CO 7813 06/09/95 857. 14 00 4-1-25--�-AST--S I.0 E--8 E-V-E-RAGE--CO 7BI 4-06/-09/-95--39-,-876,-7-0 004130 ECOLAB 7815 06/09/95 122.42 004135 ELECTRO WATCHMAN INC 7816 06/09/95 162.95 ---------004139 F-ARMER-BROS-CO 781-7- 06/-0 9/-95 105,.-36 004140 FLUSH DRAIN & SEWER CLNG 7818 06/09/95 89.00 004145 GANZER DISTRIBUTORS INC 7819 06/09/95 10,303.70 --*--0041-7 5--GR-1-GGS-COO P- R--&-CO-INC 7820-06/09/%5--7-,901-.-2.4 -- 004202 HENN CTY SUPPORT & COLL 7821 06/09/95 240.85 004203 HIGHWOOD FOODSERVICES, I 7822 06/09/95 34.48 004205------HOME--JUICE CO 782-3--06/-09/-95 49.35 004208 I C M A RETIREMENT TRUS 7824 06/09/95 20.00 004218 JOHNSON PAPER & SUPPLY C 7825 06/09/95 1 ,412.56 -----00422-0---JOHNSON -WINE-CO=------ -- --- ----- 7826-06/09/95.---88,138.36-004225 KRAFT FOODSERVICE 7827 06/09/95 245. 11 004234 LMCIT 7828 06/09/95 200. 71 --- ---004265----MARK V-I I-SAL-ES INC 7$29-06/-09/95 1-5_,008.-27 --- 004266 MARKET MECHANICAL 7830 06/09/95 392.28 004272 METZ BAKING CO 7831 06/09/95 27 .78 ---004274 ------ MIDWEST BUSINESS PRODUCT -- --7832-06/09/-95 --59.56- 004290 MINNEGASCO 7833 06/09/95 342 . 15 . 00003 MMBA 7834 06/09/95 536.00 004317 -----NARDINI--F-IRE-EQUI-PMEN-T--L 7835-06/09/-95 --- - - 004318 NAT FINANCIAL INS CO 7836 06/09/95 `1.50 004338 NORTH STAR ICE 7837 06/09/95 757.73 --- -004335---NOR:i!HERN-STATES---POWER- -- 004345 OLD DUTCH FOODS INC 7839 06/09/95 72. 87 004353 PAQUETTE MAINTENANCE , IN 7840 06/09/95 1 ,921 . 37 - -- --- --00=1354--PAU�.TI-S-4-SQN5 - 7-841-- 06/109/-95 169.95 004355 PEPSI COLA-7 UP BOTTLING 7842 06/09/95 831 .48 004356 PERRY/DONALD 7843 06/09/95 257. 58 - ----004360- PHI-L-LIPS-WINE-o«--SP-I-RI-T- 7244-06/-09/-95-,1187--08---- 004376 PRIOR WINE CO 7845 06/09/95 688 . 48 004385 QUALITY WINE CO 7846 06/09/95 1 , 389 . 40 004390 REX DISTRIBUTING CO 7847 06/09/95 -18, 506,65------ 004415 SAVOIE SUPPLY CO 7848 06/09/95 208.09 004205 STAR TRIBUNE 7849 06/09/95 42 . 34 l — C FINANCIAL SYSTEM ST. ANTHONY VILLAGE /-09/95 10 --Register GL540R=VO4,30-PAGE -t BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004450—ST-UART—DI-S-T-RI-BU3-1-NG-GO '850-06/-09/95 27.4-5 004463 SUPERIOR PRODUCTS MFG CO 7851 06/09/95 57 . 19 004466 SYSCO-MINNESOTA 7852 06/09/95 29. 61 - --- -004467 TI-M-S-T-RANSF-E-R;I-NC: 7853-06/-09/95 951:50 004480 TWIN CITY FILTER SERVICE 7854 06/09/95 145. 44 004491 UNITED WAY 7855 06/09/95 10.00 LIQUOR CHECKING ACCOUNT 123,863. 63 ** 1p BRC FINANCIAL SYSTEM ST . ANTHONY VILLA'._ 06/21/95 13:58 - -- Check Register GL540R-VO4 . 30 PAGE DANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING - 008216 -_A T & T WIRELESS SERVICE 426-06-/2&/95----- -- .00002 A.R. K. MGNT. ASSOCIATES 9427 06/28/95 70.00 000020 AA BATTERY CO 9428 06/28/95 60. 66 --0001-35--AMERICAN-R IISK-SERVICES—1-- --'_ -"-9429-06/25/95- 3?7--00----- 000115 AMES PHOTO FINISH 9430 06/28/95 17 . 16 . 00001 APOLLO HEATING AND 9431 06/28/95 19.50 000010---A-T&_.T_-CONS-PROD-DI V.. _-_ -94732-06/28/95- -- 007117 B & B SEAT COVER 9433 06/28/95 86.40 000320 BEISSWENGER APPLIANCE 9434 06/28/95 91 .91 008134- BERKLEY INS: SERVICES------_.."-__.-""9435-06/25/95 371:00- 000535 BUREAU OF CRIMINAL APPRE 9436 06/28/95 240.00 007164 CARLSON EQUIPMENT CO 9437 06/28/95 30.03 ..__-_007300 CEMSTON E-PRODUCTS-COMPA 9438-06/2&/9 950.58-- 008184 CITY OF BLOOMINGTON 9439 06/28/95 240.00 000815 COTRONEO/DOMINIC 9440 06/28/95 396.99 -- 008156--DARLEY-&"C0."/W:S- 9441-06/2&/95 136.96 000800 DAVIES WATER EQUIP INC 9442 06/28/95 20.87 005204 DEPT PUBLIC SAFETY 9443 06/28/95 510.00 000810DICKSON-ELECTR'I 94'4'4-06/2&/95 191:00� -' - 008007 DICTAPHONE 9445 06/28/95 67.00 005159 EDDY BROTHERS CO 9446 .06/28/95 209.22 000975 FtI'FTIE/MARSHAtt-CONCRET 9447-06/25/95 91-40- 001030 G & K SERVICES 9448 06/28/95 167 .86 001230 GOPHER STATE ONE CALL 9449 06/28/95 94.50 007059 GOVERNMENT TRAIN-1 NG-SERV 9450-06/28/95 166:00--' 001300 HACH COMPANY 9451 . 06/28/95 78.30 .00001 HALLING/JAMES 9452 06/28/95 50.00 001501-HENNEPIN-COUNTY-TREASURE 945;3--06/2S/95 7-7-23 001545 HOOVER WHEEL ALIGNMENT 9454 06/28/95 29.95 001680 J C AUTO SUPPLY 9455 06/28/95 29.88 -- .00003 J.R 'S-APPLIANCE D-ISPO , 9456 06/25/9 r�00-- .00007 JIFFY LINE STIPERS 9457 06/28/95 94.25 .00002 JOHNSON/CARL 9458 06/28/95 50.00 -- 001845--KRUGE-AI 9459-06/28/95 34-72-- .00004 LEEANN CHIN 9460 06/28/95 418.60 001981 LMCIT 9461 06/28/95 37,812.50 - ---007216 -LOCATOR-&-MONITOR-SALES- 9462_06/28/95- 84:00- 007166 LUCKING MACHINE CO 9463 06/28/95 65.00 008197 MCI TELECOMMUNICATIONS 9464 06/28/95 29.34 008162-MEREDITH_CABLE - 9465'06/28/95 2.36 002240 METRO COUNCIL WASTEWATER 9466 06/28/95 38,753.00 002280 MIDWEST ASPHALT CORP 9467 06/28/95 294. 12 000045 MIDWEST_BUSINESS-PRODUCT. : 9468-06/28/95 -691:28-- 007063 MILTON JOHNSON ROOFING 9469 06/28/95 725.00 002320 MINAR FORD INC 9470 06/28/95 72.91 005010--MINN-CONWAY-FIRE-& SAFE'T 9471 06/28/95- --_18.86 - 008198 MORNSON/MICHAEL 9472 06/28/95 176. 40 �.,_�� 008220 NORTHERN AIRGAS 9473 06/28/95 19. 17 BRC FINANCIAL SYSTEM ST . ANTHONY VILLAG 06/21/95 13:58 — Check Register- _. _--Gt5-40R=VO4.30- PAG $ANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING ----- 002680- NORTHERN-STATES-POWE ?4-74--Cr6-/28y95 2;7-4-4-8-- 007217 PARTS PLUS 9475 06/28/95 25. 12 002860 PFEIFFER/RICHARD 9476 06/28/95 382.39 007-33-3—POOtS-ID - 9477"O6/28/95 r35. 55 002940 POSTMASTER 9478 06/28/95 1 .050.00 .00005 REBARFAB INC. 9479 06/28/95 170. 41 ---003065 —ROAD-RESCUE-INC -9480-06-/28/9 40.72 003100 ROSEDALE CHEVROLET 9481 06/28/95 2.28 . 003315 SERCO LABORATORIES 9482 06/28/95 15.00 -- —008214 '--SNYDER--DRUG 94Z3­06128195 • 8.00006 ST. PAUL OFFICE E9UIPTME 9484 06/28/95 45.33 003490 STREICHER'S 9485 06/28/95 553.80 0073rr—SUBURBAN-COCCISION-&-PFD 9"48f 0-6/2819 45700 003600 TURF SUPPLY COMPANY 9487 06/28/95 30.99 007044 TWIN CITY JANITOR SUPPLY 9488 06/28/95 215.87 007341--U:S—TIRE-&--EXHAUS I 9489-06/287/9 3 —r,66-.09- .08000 UNITED SUPPLY CORP. 9490 06/28/95 100. 11 002700 US WEST COMMUNICATIONS 9491 06/28/95 1 .018.51 0 0-4270 VAN=0=CIT 9492-0-6/28"/9 83720 003722 WALDOR.: PUMP &' EQUIPMENT 9493;06/28/95 .2,022.62 ` 007154 'WYCHOR II/JAMES J 9494 06/28/95 9.5 44 "�' FIRSTAR ST. ANTHONY CHECKING 93,495.22 ** uaizaiaa 14:5Z rna 01Z 34U ZUU4 DURSEY WHITNEY 10002 Li + y /fin4on • NOTICE OF PUBLIC HEARING ON AMENDMENTS TO REDEVELOPMENT PLANS, REDEVELOPMENT PROJECTS AND TAX INCREMENT FINANCING PLANS OF THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony will hold a public hearing on Amendments to Redevelopment Plans (the Redevelopment Plans), Redevelopment Projects (the Redevelopment Projects) and Tax Increment Financing Plans (the Financing Plans) of the St. Anthony Housing and Redevelopment Authority (the HRA) at 7:00 p.m. on Tuesday, June 27, 1995 in the City Council Chambers at the City Administrative Offices, 3301 Silver Lake Road, St. Anthony, Minnesota. The Amendments to the redevelopment plans and redevelopment projects provide for additional property (the Additional Property) to be included in the area subject to the redevelopment plans and redevelopment projects (the Redevelopment Area). The Amendments to the Redevelopment Plans and Redevelopment Projects describe certain proposed activities to be undertaken by the City and the HRA with respect to the improvements to the Additional Property and property presently subject to the Redevelopment Plans. The Amendments to the financing plans authorize the use of tax increments derived from tax increment financing districts of the BRA (the Districts) established by the Financing Plans to provide for the payment by the HRA or the City of certain public redevelopment costs in connection with the Redevelopment Plans and Redevelopment Projects, including public redevelopment costs related to the Additional Property. The Amendments to the Financing Plans do not include the Additional Property in any of the Districts. Set forth with this notice is a map showing the area included in the Districts, which is the area from which tax increments are derived, and the area which, in addition to the area included in the Districts, will be subject to the Redevelopment Plans following adoption of the Amendments. The property subject to the Redevelopment Plans is the area in which the tax increment derived from the Districts may be expended. All who wish to be heard as to the Amendments to the Redevelopment Plans, the Redevelopment Projects and the Financing Plans will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Manager prior to the public hearing. By /s/ Connie Kroeplin . City Clerk PU bl►sh � � � � �� . qs- • ��_ _ _ _ ,,.� :%rcas in TIF Districts Areas included are additional to areas in TIF ' Districts and will be subject to Redevelopment Plans �: followina amendment. _ t-'--'—' , L.. .;.L• / I I`J....--_I-' tt���,j'' I r'1''rl'—+ t� L 'I;.-+~'�'f :�'1 C?�^• .1: 1 1 ,I 1, ,IJ' •1 l Jam:`'y/,'--11��-1 '' i 1 ! e„'j'�/VI�•� �.��:�_;l-� .ra t...l 071 I 11 ^j!�`-Y♦-,�.`l-7 1 1 .1 1 �,.1 1 1 I�i•.t:•'�I [.....( i. ,.. ,t. .I t I 1 1•I .1_• r= �.•1 •► 'i.;r�j•--1 1 111 I I��-- i J, 1 I I I[Ih•1 1 11 1�(T-1-={n'� •L•. r T lillll"11 �:I"� Ij 1I 1I I�"i'-� I �II•I � /'}; .�=►—;.`:cc.':` - —°�: __--..`J 1 I I:III ]�_\,\ ;�, �-:,; .a-}�-�!�)�l�1�1 1 I.1 ��� C•I:1111111 1 111'1���� •�•"r:•' _ .:e � r:'ilt--•+111:1:1,..,. j ��IIIIIiI11I11111r �\ / `�f. �r1 tv _� 1 1 I i i j 1 1 1 1 1 1 1•r�1 !�L�.� , �i J^ `,:; �/•. 1•�1%_I t l l 1 1(I�rl 11 I I I_ 1 i:1 it t,1"{� 1 •+ , T,H'1 11 I t 1'1__1.1_1 1 111 F7, 1 1 1 1 I�-^^ t � ' .i �•% •:. LQ,t 1,::: —i•�1 R.T.E.1 i 111 111111 II 1 111 �:�~ AJ I i/ , ",`may• •1�'.�.i III 1 C1 DO i%I t �:J•,ri�#? r i f;. � r—A r7l, -1 M" I:11111 I IL CE Zi :11:1:1 I;I I I:If t-'� ,:��.•�.�.. .:•.r:. :: .•► '�.. t. •1�^: Vii' CERTIFICATE • CITY OF ST. ANTHONY I, the undersigned being the duly qualified City Clerk of the City of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting_at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy . of the original: RESOLUTION NO. 9 5-0 41 Resolution Approving Master Modification to Redevelopment. Plans and Tax Increment Financing Plans and Making Findings With Respect Thereto • 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/ abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law,.and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this day of . 1995. Connie Kroeplin, City Clerk (SEAL) . RESOLUTION NO. 9 5-0 41 RESOLUTION APPROVING MASTER MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS AND MAKING FINDINGS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota as follows: 1. The Commissioners of the Housing and Redevelopment Authority of the City of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto (the "Redevelopment Plans") and redevelopment projects (the "Redevelopment Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with certain of the Redevelopment Plans and Redevelopment Projects, the HRA and the City have approved Tax Increment Financing Plans (the "Financing Plans"), which establish two tax increment financing districts which are designated by the HRA as . follows: Kenzie Terrace Tax.Increment District (Hennepin County No. 1950) and Chandler Place Tax.Increment District (Ramsey County No. 58) (the "Districts"). The Board of Commissioners of the HRA has approved an amendment to the Redevelopment Plans and the Financing Plans which is entitled "Master Modification to Redevelopment Plans and Tax Increment Financing Plans" (the "Master Modification"). The Master Modification combines the areas"subject to the Redevelopment Plans and expands the area subject to the Redevelopment Plans and authorizes the expenditure of tax increment revenues derived from the Districts to pay public redevelopment costs in the additional area made subject to the Redevelopment Plans by the Master Modification and costs related to construction of a community center designed to serve residents of the City. 2. This Council on June 27, 1995, held a public hearing on the Master Modification after notice of the public hearing was published in the official newspaper of the City not less than ten (10) days prior to the date of the hearing. At such public hearing all persons desiring to be heard with respect to the Master Modification were given an opportunity to express their views with respect thereto. 3. This Council has previously found that the Kenzie Terrace Tax Increment District is a redevelopment district within the scope of Minnesota Statutes, Section 469.174, subdivision 10, and that the Chandler Place Tax Increment District is a housing district within the scope of Minnesota Statutes Section 469.174, subdivision 11, and the Master Modification will not change such prior findings. The Master Modification further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment Projects and the Financing Plans, by developing property in the City and by providing needed facilities which will be of benefit to all residents of the City, including those residing in the area subject to the Redevelopment Plans, prior to the inclusion of the additional property by the Master Modification. 4. Pursuant to Minnesota Statutes, Section 469.175, subdivision.4, it is hereby found that: (A) Kenzie Terrace Tax Increment District, is a redevelopment district, as defined in Minnesota Statutes, Section 469.174, subdivision 10, and Chandler Place Tax Increment District is a housing district, as defined in Minnesota Statutes, Section 469.174, subdivision 11, for the reasons set forth in previous findings by this Council, and the Master Modification does not alter these previous findings. (B) The proposed development to be undertaken in accordance with the Redevelopment Plans, as amended by the Master Modification, in the opinion of this Council would not occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. (C) The Financing Plans, as amended by the Master Modification, conforms to the general plan for the development of the City as a whole. (D) The Financing Plans, as amended by the Master Modification, will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the area subject to Redevelopment Plans by private enterprise. (E) The City confirms its election of the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, subdivision 3, clause (a) with respect to each of the Districts. -2- Passed by the Council this 27th day of June, 1995. Mayor Attest: City Clerk Reviewed for Administration: City Manager -3- MASTER MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS HOUSING AND REDEVELOPMENT AUTHORITY OF A ST. NTHONY, MINNESOTA APPROVED JUNE 27, 1995 i I. INTRODUCTION • The Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved five Redevelopment Plans designated as Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No..2 (Ramsey County) and Redevelopment Plan for Redevelopment Project No. 3 (Ramsey County), together with certain amendments thereto (as so amended, the "Redevelopment Plans"), and have approved redevelopment projects (the "Redevelopment Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with certain of,the Redevelopment Plans and the Redevelopment Projects, the HRA and the City have approved tax increment financing plans (the. "Financing Plans") which establish two tax increment financing districts designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"). It has been proposed that in order to authorize the City and HRA to undertake certain activities designed to remove, prevent and reduce blight, blighting factors and the causes of blight in the City and provide facilities intended to serve all residents of the City, that the HRA approve amendments to the Redevelopment Plans, the Redevelopment Projects and the Financing Plans which combine the areas subject to the Redevelopment Plans and include additional property in the area subject to the Redevelopment Plans and authorize tax increment revenue derived from any of the Districts to be utilized, in any area subject to the Redevelopment Plans. The HRA has identified certain property in the City not presently included in any of the areas subject to the Redevelopment Plans which the HRA believes either presently contains blight or blighting factors or which because of age, obsolescence, market conditions and other factors is suspectable to blighting conditions. Such property is identified on Exhibit A hereto (the "Additional Property"). By this Master Modification the Commissioners of the HRA amend the Redevelopment Plans to combine the areas subject to the Redevelopment Plans.and include the Additional Property in the area subject to the Redevelopment Plans and amend the Financing Plans to authorize the expenditure of tax increment revenues derived from either of the Districts for public redevelopment costs incurred by the City or HRA in connection with the development and redevelopment of any property in the area subject to the Redevelopment Plans and to pay costs of a Community Center. The authorization on the expenditure of tax increment revenue from a District is subject to any limitations on such expenditures with respect to such District contained in the Minnesota Tax Increment Financing Act (Minnesota Statutes, Section 469.174 to 469.179). This Master Modification does not include the Additional Property in any of the Districts. This Master Modification is • approved by the Commissioners of the HRA and the City pursuant to Minnesota Statutes, Chapter 469.029, subdivision 6, and Minnesota Statutes, Section 469.175, subdivision 4. II. STATEMENT OF NEED AND OBJECTIVES The combining of the areas subject to the Redevelopment Plans and the inclusion of the Additional Property in the Redevelopment Plans will aid in the redevelopment of the Additional Property in a manner beneficial to the residents of the City and consistent with the objectives of the HRA as stated in Redevelopment Plans and will aid in the construction of public facilities which will serve all residents of the City, all of which will meet the needs specified in Redevelopment Plans. III. ADDITIONAL EXPENDITURE OF TAX INCREMENT Additional expenditures of tax increment authorized by this Master Modification of the Redevelopment Plans and Tax Increment Financing Plans include costs associated with the construction of the Community Center and-costs related to the acquisition and rehabilitation and other public redevelopment costs associated with redevelopment activities related to the areas subject to the Redevelopment Plans. At this time the HRA has not specifically identified any property to be acquired by the HRA but the HRA reserves the right to acquire any property if it determines that such acquisition is desirable in connection with the redevelopment of such property. In addition, in connection with any redevelopment of the property the HRA may become a limited partner in the owner of the property if it deems it desirable. The additional expenditures of tax increment authorized hereby with respect to the development or redevelopment of certain property subject to the Redevelopment Plans are as follows: Expenditure Property/Activity Authorized Evergreen .Townhomes Soil Correction $ 150,000 Autumn Woods Senior Project 500,000 Community Center 3,000,000 American Monarch Building 125,000 Apache Plaza Redevelopment 300,000 Old Clark Station Redevelopment 30,000 Makowske Property Redevelopment 350,000 Lowry Grove Redevelopment 500,000 Bowling Alley Redevelopment 60,000 St. Anthony Shopping Center area 35,000 Vacant lots on Silver Lake Road 60.000 $5,110,000 -2- i In addition, this Master Modification authorizes the use of tax increment derived from either of the Districts to pay any of the costs previously authorized by any one of the Financing Plans, irrespective of whether the tax increment is derived from the District established by such Financing Plan. The use of tax increment derived from the Districts to pay the costs described above is hereby authorized. Such costs may be paid directly from tax increment derived from the Districts, or may be paid indirectly from tax increment derived from the Districts, by the payment of debt service on a loan or loans made by the City to the HRA or by the HRA to finance such cost. Any such loan made by the City or HRA will be repaid, with interest, from the tax increment derived from the Districts. Other than the loan or loans from the City or the HRAJt is not expected that any obligations will be issued by the City or HRA to finance such costs. IV. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES It.is estimated fiscal and economic implications of the additional expenditures of tax increment revenue derived from the Districts authorized by this Master Modification will be as follows: The local governmental units other than the City which are authorized by law to levy ad valorem property taxes in the area where the Districts are located are Independent School District No. 282, Hennepin County, Ramsey County, the HRA, and various metropolitan area authorities, including the Metropolitan Council,,the Metropolitan Transit Commission, the Metropolitan Airyorts Commission and the Metropolitan-Mosquito Control District (the local government units). After the establishment and during the continuation of the Districts, as a result of the Redevelopment Projects and the implementation of the Redevelopment Plans and the improvements in the Districts there has been an increase in the tax capacity of the taxable property in the Districts. If the tax increments derived from the Districts are not applied to pay the additional expenditures described herein, certain of the Districts would terminate earlier than would otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in the Districts in the anticipated amounts. Upon such termination such increased tax capacity would be available for taxation by the local governmental units. However, as a result of this Master Modification such increase in tax capacity will not be available for taxation by the local governmental units until a later date with respect to certain of the Districts. -3- 6 Offsetting such later termination of the Districts will be an increase in tax capacity to certain property which is not located in a tax increment financing district as a result of redevelopment of such property. Such increase in tax capacity will be available for taxation by the City and the local governmental units. V. DETERMINATIONS IN ORIGINAL FINANCING PLAN The determinations made in the Financing Plans'with respect to designation of the Kenzie Terrace Tax,Increment District as a redevelopment district and the designation of the Chandler Place Tax Increment District as a housing district, the impact of the establishment of the Districts and the implementation of the Redevelopment Plans and undertaking of the Redevelopment Projects and the captured tax capacity of the Districts upon the redevelopment thereof are not affected by this Master Modification and such determinations remain in full force and effect following the adoption of this Master Modification. VI. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to alter this Master Modification and to further amend or modify the Redevelopment Plans and the Financing Plans by their joint action, subject to the provisions of state law regulating such action. • VII. ORIGINAL PLAN The Redevelopment Plans and the Financing Plans, except to the extent provisions thereof are explicitly amended or supplemented by this Master Modification shall remain in and be in full force and effect. -4- e EXHIBIT A ADDITIONAL PROPERTY SUBJECT TO REDEVELOPMENT PLANS Clark Gas Station 3301 Stinson Boulevard Community Center 3301 Silver, Lake Road American Monarch 2801 37th Avenue Northeast Silver Lake Road Vacant Lots 37th Avenue and Silver Lake Road (Lot 7, Block 7, Ramsey County) Makowske Property 2938 Old Highway 8 3004 Old Highway 8 2930 Old Highway 8 3402 Old Highway 8 3016 Old Highway 8 3010 Old Highway 8 Lots 7, 13 and 24, Auditor's Subdivision 377 Lowry Grove Mobile Park 2501 Lowry Avenue NE Autumn Woods Senior'Project 2548 Kenzie Terrace 2546 Kenzie Terrace 2542 Kenzie Terrace 2538 Kenzie Terrace 2534 Kenzie Terrace 2520 Kenzie Terrace 2510 Kenzie Terrace 2512.Kenzie Terrace 2605 Lowry Avenue NE 2609 Lowry Avenue NE 2613 Lowry Avenue NE 2617 Lowry Avenue NE 2621 Lowry Avenue NE Lot 1, Block 1 Kenzie Terrace Addition CERTIFICATE CITY OF ST. ANTHONY I, the undersigned being the duly qualified City Clerk of the City of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. _ 3. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. 9 5-0 4 2 Resolution Approving 1995 Amendment to Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) and the Tax Increment Financing Plan for.Tax Increment Financing District No. 2 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/ abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Clerk and the seal of said City, this day of . 1995. Connie Kroeplin, City Clerk (SEAL) RESOLUTION 95-042 RESOLUTION APPROVING 1995 AMENDMENT TO REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 2 (RAMSEY COUNTY) AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. -2 BE IT RESOLVED, by the City Council of the City of St. Anthony, Minnesota (the "City"), as follows:' 1. Proposed Amendments. The Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") and the City have approved a redevelopment.plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as the Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) (the "Redevelopment Plan"), and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the "Redevelopment Project"). In order to finance the public redevelopment costs to be incurred by the HRA and the City in connection with the Redevelopment Plan and the Redevelopment Project, the HRA and the City have approved Tax Increment Financing Plan for Tax Increment Financing District No. 2 (Ramsey County) (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as .Tax Increment Financing District No. 2 (Ramsey County) (the "District"). In connection with the development of additional property in the District, the HRA has approved an amendment to the Redevelopment Plan and Financing Plan (the "Amendment") and has requested that the City approve the Amendment. The Amendment is described in the document entitled "1995 Amendment to Redevelopment Plan for Redevelopment Project No.2 (Ramsey County)" and has been presented to this Council. 2. Public Hearing. This Council on June 27, 1995, held a public hearing on the Amendment after notice of the public hearing was published in the official newspaper of the City not less than ten (10) days prior to the date of the hearing. At such public hearing all persons desiring to be heard with respect to the Amendments were given an opportunity to express their views with respect thereto. 3. Approval of Amendment. This Council has-previously found that the District is a soils condition district within the scope of the Act, and the Amendment will not change such prior finding. The Amendment further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plan, the Redevelopment Project and the Financing Plan, by assisting in the development and redevelopment of the area included in the Redevelopment Plan. 4. Findings Under the Act. Pursuant to Minnesota Statutes, Section 469.175, subdivision 4, it is hereby found that: (A) The District is a soils condition district as defined in the Act for the reasons set forth in previous findings by this Council, and the Amendment does not alter these previous findings. (B) The proposed development or redevelopment in the area subject to the Redevelopment Plan, in the opinion of the City, would not reasonably be expected to occur solely through private investment in the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. (C) The Financing Plan, as amended by the Amendment, conforms to the general plan for the development of the City as a whole. (D) The Financing Plan, as amended by the Amendment, will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the area'subject to the • Redevelopment Plan by private enterprise. (E) 'The City confirms its election of the mehtod of tax increment computation set forth in Minnesota Statutes, Section 469.177, subdivision 3, clause (a) with respect to the District. Passed by the Council this 27th day of June, 1995. Mayor Attest: City Clerk .Reviewed for Administration: City Manager -2- 1995 AMENDMENT TO REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 2 (RAMSEY COUNTY) AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2 (RAMSEY COUNTY) HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA APPROVED JUNE 27, 1995 I. INTRODUCTION The Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) (the "Redevelopment Plan") and the Redevelopment Project (the "Redevelopment Project") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with the Redevelopment Plan and Redevelopment Project, the HRA and the City have approved Tax Increment Financing Plan for Tax Increment Financing District No. 2 (Ramsey County) (the "Financing Plan"), which establishes Tax Increment Financing District No. 2 (Ramsey County) (the "District"). It has been proposed that additional property in the District be redeveloped by a private developer as twelve twinhomes (the "Townhome Development") and that public redevelopment costs incurred by the private redeveloper in connection with the Townhome Development be paid from tax increment derived from the District. By this Amendment the Commissioners of the HRA amend the Redevelopment Plan. and Financing Plan to authorize the expenditure of tax increment revenues derived from the District for public redevelopment costs in connection, with the Townhome Development. This Amendment is approved by the Commissioners of the HRA and the City pursuant to Minnesota Statutes, Chapter 469.029, subdivision 6, and Minnesota Statutes, Section 469.175, subdivision 4. IL STATEMENT OF NEED AND OBJECTIVES The financial assistance authorized hereby will aid in the redevelopment of property in accordance with the Redevelopment Project and in a manner beneficial to the residents of the City and consistent with the objectives of the HRA as stated in the Redevelopment Plan all of which will meet the needs specified in the Redevelopment Plan. IIL ADDITIONAL EXPENDITURE OF TAX INCREMENT The District is a soils condition district, as defined in Minnesota Statutes, Section 469.174, subdivision 19. Revenue derived from tax increment from the District may only be used for.the purposes set forth in Minnesota Statutes, Section 469.176, subdivision 4b� The HRA,hereby authorizes an additional expenditure of $150,000 to pay soil corrections work to be undertaken by the private redeveloper in connection with the Townhome Development. Such costs may be paid directly from tax increment derived from the District, or may be paid indirectly from tax increment derived from the District, by the payment of debt service on a loan or loans made by the City or HRA to the District from other funds to finance such cost: Any such loan will be repaid, with interest, from the tax increment derived from the District. Other than the loan or loans from the City or HRA to the District, it is not expected that any obligations will be issued by the City or HRA to finance such costs. IV. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES It is estimated that the fiscal and economic implications of the additional expenditures of tax increment revenue derived from the District authorized by this Amendment will be as follows: The local governmental units other than the City which are authorized by law to levy ad valorem property taxes in the area where the District is located and Independent School District No. 282, Ramsey County, the HRA, and various metropolitan area authorities, including the Metropolitan Council, the Metropolitan Transit Commission, the Metropolitan Airports Commission and the Metropolitan Mosquito Control District (the local government units). After the establishment and during the continuation of the District, as a result of the Redevelopment Project and the implementation of the Redevelopment Plan and the improvements in the District there has been an increase in the assessed value of the taxable property in the District. The District is required to terminate no later than 2001. If the Townhome Development occurs and the tax increments derived from the District are not applied to pay the public redevelopment costs authorized hereby, the District would terminate approximately one or two years earlier than would otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in the District in the anticipated amounts. Upon such termination such increased assessed value would be available for taxation by the local governmental units. However, as a result of this Amendment such increase in valuation will not be available for taxation by the local governmental units until the scheduled termination date of the'District in 2001. V. DETERMINATIONS IN ORIGINAL FINANCING PLAN The determinations made in the Financing Plan with respect to designation of the District as a Soils Correction District, the impact of the establishment of the District and the implementation of the Redevelopment Plan and undertaking of the Redevelopment Project and the captured'assessed value,of the District upon the redevelopment thereof are not affected by this Amendment and such determinations remain in full force and effect following the adoption of this Amendment. -2- VI. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to alter this Amendment and to further amend.or modify the Redevelopment Plan and Financing Plan by their joint action, subject to the provisions of state law regulating such action. VII. ORIGINAL PLAN The Redevelopment Plan and the Financing Plan except to the extent provisions thereof are explicitly amended or supplemented by this Amendment shall remain in full force and effect. -3- i MEMORANDUM DATE: June 20, 1995 TO: Michael Mornson, City Manager FROM: Larry Hamer, Public Works Director ITEM: REPAIR TO THE SANITARY SEWER ON 33RD AVENUE N.E. Through our sanitary sewer maintenance program, we televised 33rd Avenue N.E. and found that 536 feet of 9" clay sewer tile is"broken in front of the high school. The repairs would be either to dig and replace the tiles or have a liner installed by Insituform'. • If digging the line is chosen, we would have to remove the road because of the depth of the sewer. Costs to repair the sewer line by digging are estimated to be over $100,000. If a liner is installed, it would need to withstand the ground PSI for the integrity of the sewer line. Insituform is the only company that manufactures this type of liner. To install a liner is estimated to cost approximately $21,700 and the road would not need to be replaced. This problem area must be corrected soon so it does not collapse. RECOMMENDATIONS I recommend approval of the quotation from Insituform for $21,700 to install a liner in the 536 feet of sewer on 33rd Avenue N.E. In addition, I recommend funding of this repair to come from the construction fund because the problem was unforeseen and therefore not budgeted for in the 1995 budget. LA Subsidiary of Insirutorm Mid-America, Inc. UENTRAL9 I a Office (612)835-1006 Direct (612)928-9989 Fax (612)928-9060 Project Quote June 18, 1995 Owner: City of St. Anthony Project: 33rd Avenue Sanitary Sewer Rehabilitation Project This correspondence includes the scope of work for which we will be supplying pricing. The items are priced individually as to allow for flexibility in evaluating the different project scopes. Item Description L.F. Conn. Total Price 1 Rehabilitate 9" VCP with CIPP 536 8 $21,700.00 2 Rehabilitate 9" VCP with CIPP 910 21 $33,320.00 Pipe'reconstruction of the 9" sanitary line using the Insituform® process includes the cleaning, pre and post television and documentation, furnish and install the Insitupipe in accordance with project, and ASTM F1216 specifications, bypass pumping, cure-in- place the pipe and re-establish the sewer service connections. Traffic control will be conducted by our company and is included in the prices quoted. The entire scope of work included in this proposal for work is outlined below. Proposal Inclusions * Certificate of insurance with standard coverage * Mobilization and demobilization * Pipeline cleaning * Preliminary video and service identification * Bypass pumping * Insitutube wetout, inversion, curing and finishing * As-built video inspection and video tape * Traffic control * Coordination with project residents and businesses * Reopening of all service connections(service connections-svill be left sealed only upon written direction from the Owner, and, in such an event, Owner will indemnify and hold Contractor harmless from all backup claims arising therefrom) • Proposal Exclusions * Premiums for special insurance requirements 4510 West 77th Street- Edina, MN 55435- (612)835-1006 800-325-1159- Fax(612)896-1044 . * Water from a fire hydrant or other high volume source within a convenient distance from each inversion location, or, if not available, a water truck and operator * Water meter charge or deposit * Point repairs * Manhole rehabilitation and/or replacement * Protruding service taps affecting job quality or internal equipment access * Dewatering(rarely required) * Disposal site for debris resulting from cleaning * Removal and disposal of any hazardous or toxic materials encountered during the project * Installation of clean-outs, if required, for special bypass pumping requirements for businesses * Construction access easements Please note that if any hazardous or toxic materials are encountered during the project, the owner will be responsible for the removal and disposal.of the materials. If you have any questions or concerns regarding the project please give us a call or have me paged by contacting(612)835-1006. Sincerely, Bradley J. Markovich Insituform Central, Inc. cc. Charles Nance IVI'chael P: Krosnosky CITY OF ST. ANTHONY RESOLUTION 95-040 A RESOLUTION APPROVING AN OPERATING AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, -the-City of St. Anthony, as owner of the-Stonehouse Restaurant, an on-sale liquor establishment, desires the food service portion be managed and operated under Ernie Swanson, owner of Ernie's Catering, a food service manager. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves an Operating Agreement between the City of St.. Anthony and Ernie Swanson and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City. Adopted this day of , 1995. • Mayor ATTEST: City Clerk Reviewed for administration: City Manager • OPERATING AGREEMENT 6/13/95 This Operating Agreement is entered into as of . 1995, by and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("Owner"), and ERNIE SWANSON, doing business as Ernie's Catering Service, the principal office of which is at 1885 Newberry Avenue North, Stillwater, Minnesota 55082 ("Operator"). A. Owner is the owner of the restaurant and on-sale liquor establishment (the "Premises") known and referred to as the "Stonehouse" and located at 2700 Highway 88 , St. Anthony, MN 55418. B. Owner desires that a full service bar and restaurant be operated in the Premises, with the food service portion of the restaurant ("Food. Service") to be under the operation and management of the Operator, and with the service of liquor and soft drinks ("Beverages") to be under the operation and control of the Liquor Operations of Owner. For purposes of this Agreement the term Beverages does not include coffee, tea or milk, which will be considered a part of Food Service. C. Operator is experienced in the management, supervision and operation of food service facilities. • D. Owner desires to engage Operator to supervise, manage and otherwise cause to be performed the operation of the Food Service and Operator desires to perform such services on the terms and conditions hereinafter specified. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, Owner and Operator hereby mutually agree as follows: 1. TERMS OF ENGAGEMENT. Owner hereby engages Operator as the manager to supervise and direct the operation and management of the Food Service on the terms and conditions hereinafter set forth. Operator hereby accepts such engagement and agrees to manage the Food Service and to diligently perform and discharge the duties and responsibilities set forth herein. 2. RELATIONSHIP OF THE PARTIES. 2.01 Independent Contractor. Owner and Operator are not to be considered joint venturers or partners, or one as the agent of the other. The relationship of Operator to Owner is and at all times hereafter shall remain solely that of an independent contractor, and nothing herein shall be deemed to create any other relationship between them. Neither party shall have the power to.legally bind or obligate the other, nor shall either party be liable for debts incurred by the other, except as may be • specifically otherwise provided herein. . 2.02 O%vner's Agent. Wherever action or written notice is required or permitted to be taken or delivered by Owner hereunder, such action or notice shall be deemed to have been duly taken or delivered if taken or delivered by the City Manager or the Ow-ner's Liquor Operations Manager. 3. TERM. The term of this Agreement (the "Term") shall commence on the date of this Agreement, and shall expire on a date three (3) years after the date hereof, unless sooner terminated as provided herein. 4. OPERATOR'S FEES. 4.01 First Year Fee. Owner shall pay to Operator a sum (the "First Year Fee") based upon the Net Profits from the Food Service for the first Year of the Term (as such terms are hereafter defined) equal to one-half of each dollar of Net Profits. "Net Profits" shall mean Gross Sales less Operating Costs, as those terms are hereinafter defined. "Operating Costs" shall mean those disbursements and expenses incurred by Owner during the Term in the ordinary course of business and attributable to the operation of the Food Service, including but not limited to the items of expense set forth in Subparagraph 6.01 below. The term "Year" means the 12-month period commencing on the date of this Agreement and each 12-month period thereafter. All amounts for any partial Year shall be prorated. The First Year Fee shall be calculated after the end-of the First Year, and shall be paid within 30 days after the amount has been determined. 4.02 Percentage Fee. After the first Year and for each subsequent Year, Owner shall pay Operator a fee (the "Percentage Fee") equal to 9% of Gross Sales (as hereinafter defined), payable monthly within 15 days after the end of each calendar month. 4.03 Gross Sales_. The term "Gross Sales" shall mean the aggregate amount of all sales (whether for cash, on credit or otherwise) of food (including coffee, tea and milk, but excluding Beverages) for consumption in the Premises so long as they are in connection with the Food Service operation conducted in the Premises, but shall not include any revenues from the sale of Beverages, from the sale of tobacco items, or from any other sources other than the Food Service. Gross Sales also shall not include any federal, state, municipal or other sales taxes, value added or retailer's excise taxes, irrespective of whether such.taxes are collected from customers or absorbed by Owner, proceeds of insurance polices received by Owner,bulk and/or interfacility transfers of food and/or inventory or proceeds from the sale of used equipment. -2- • Within 30 days after the end of each month of any Year during the Term, Owner shall deliver to Operator a written statement, certified by Owner, setting forth the amount of ON-mer's Gross Sales for the preceding month. Owner shall maintain and preserve, or cause to be maintained and preserved at the principal office of Owner in accordance with generally accepted accounting practices for the type of business conducted by Owner on the Premises, full, complete, accurate and detailed books, records and accounts of its daily Gross Sales derived from the business operation conducted on the Premises. Owner shall preserve all such books, records and accounts, including any sales checks, cash register records, excise tax reports, state sales tax reports (with information necessary to isolate sales from the Premises), daily and weekly cash receipts and disbursement journals, general journals, ledgers, financial registers or other books of original entry, records of transfers and payment between any other facilities owned or operated by Owner, reconciled bank statements and monthly financial statements, for two years after the end of the Year covered thereby. Operator or its agents may inspect any and all records in Owner's possession which relate to Gross Sales from the Premises at any time during normal business hours and normal working days. Such examination shall be conducted in a manner which will not interfere unreasonably with the business conducted at Owner's office. 5. DUTIES AND RESPONSIBILITIES OF OPERATOR. During the Term, Operator shall have the following duties and responsibilities: 5.01 Operation and Management of Food Service. Operator shall operate and manage the Food,Service for the preparation and service of food, including service of coffee, tea and milk, in a businesslike, first-class and efficient manner, at such times and with such menus, concepts (including names) and prices as are approved by Owner, all after consulting with Operator. Operator agrees to use its best efforts in the operation and management of the Food Service and to comply with reasonable requests by Owner from time to time regarding Food Service operations. Operator agrees to operate the Food Service in the Premises at all times during the Term of this Agreement on all days Owner's bar in the Premises is open for business unless prevented from doing so by fire, accident, acts of God or other acts beyond Operator's control, excluding financial causes, and Operator agrees to continuously operate the restaurant on said days for no less than the hours between (a) 10:00 A.M. and 10:00 P.M. on Mondays through Fridays, and (b) 4:00 P.M. and 10:00 P.M. on Saturdays, all with normal table service, using at all times a sufficient number of adequately-training personnel for efficient service. Operator agrees to conduct the Food Service in a first-class manner, consistent with normal restaurant standards and practices. Operator agrees that all Beverages will be served from Owner's bar and that all revenues.relating to that sale of such Beverages will belong to Owner. • Operator agrees that no cigarettes will be sold by Operator. -3- 5.02 Employment of Personnel. (a) Operator shall employ, hire, supervise, direct and discharge all management supervisors and qualified personnel necessary to operate the Food Service in accordance with the terms of this Agreement . Operator shall provide to Owner the number and wages for all employees Operator contemplates to be hired by Operator for the period covered by any budget provided to Owner, and the same shall be subject to approval by Owner. All persons so employed shall be deemed to be employees of Operator and not of Owner, and they shall have no authority to act as the agent of or to bind Owner. A copy of any contract entered into by Operator pursuant to this Section 5.02 shall promptly be provided to Owner. (b) Operator will keep weekly payroll records bearing explanation of the work performed by all employees, which records shall be available for inspection by Owner. Operator shall be responsible for complying with all laws and regulations and collective bargaining agreements affecting such employment. Operator will be and will continue throughout the term of this Agreement to be an Equal Opportunity Employer, and Operator agrees not to discriminate against any applicant or employee because of age, race, religion, color, handicap, sex, physical condition, developmental disability, sexual orientation or national origin in any of the following or in any other regard: employment, upgrading, demotion or transfer, • recruitment or recruitment advertising,,layoff or termination, rates of pay or other forms of compensation and selection for training. In hiring employees, Operator shall include in its recruiting materials and post in a conspicuous place, available for employees and applicants for employment, a notice setting forth the provisions of this nondiscrimination clause. 5.03 Equipment and Inventories. All materials incidental to the operation of the Food Service (the "Operating Assets") shall be the sole property of Owner, including but not limited to the following: (a) equipment, signs, tools and other similar items necessary for the operation of the Food Service; (b) inventories of food and beverages at levels adequate for normal operating requirements; and (c) inventories of dishware, glassware, flatware, utensils and similar loose items (collectively "Smallwares") at levels adequate for normal operating requirements. To the extent that additional Operating Assets must be purchased during the Term in order to satisfy normal operating requirements, Operator shall make such r -4- • purchases subject to Subparagraph 5.12 below, and all of the same shall be the sole property of Owner. Operator shall conduct inventories of the Operating Assets at least annually and shall furnish Owner with copies of such inventories. 5.04 Insurance. Operator shall obtain and maintain on behalf of Owner the policies of insurance specified in Paragraph 7 hereof. 5.05 Compliance With Laws. Regulations and Insurance: Licenses and Permits. Operator shall operate the Food Service in compliance with all applicable statutes, laws, ordinances, rules and regulations of any governmental or quasi-governmental authority having jurisdiction over the Food Service or the Premises or any part thereof. Operator shall also procure and maintain at all times during the Term,,at Owner's expense, all licenses, permits and approvals of any governmental or quasi- governmental authority required in connection with the operation of the Food Service. Operator shall at all times operate and maintain the Food Service in strict compliance with all conditions, requirements, rules, and provisions relating to any and all such licenses, permits and approvals. Operator will not commit or permit any act or omission which results in the violation of any law, governmental regulation or insurance policy of Owner relating to the Building or which will increase Owner's insurance rates on the Building. • 5.06 Ice and Snow: Utilities. Owner agrees to keep the sidewalks bordering on the Premises at all times reasonably free from ice and snow and other obstructions. Operator agrees to neither waste nor misuse water, electricity, gas, steam, or other utilities or agencies which are or may be furnished by Owner. 5.07. Si ns. Operator shall not erect or permit to be erected any sign on the Premises or on the exterior of the Premises without the prior written consent of Owner, which.consent may be arbitrarily withheld. Operator shall not place or permit to be placed in any portion of the Premises any fixtures, equipment or materials the weight of which is in excess of the reasonable or safe carrying capacity of the Building. 5.06 Taxes and Tax Returns. (a) Operator shall prepare and file all necessary returns, reports and forms required by law in connection with unemployment insurance, social security taxes, worker's compensation insurance, disability benefits, federal and state income tax withholding and other similar taxes and returns and reports required by any federal, state or municipal authority which arise from the operation of the Food Service by Operator (other than income, use and personal or real property tax returns of Owner) and pay or make all deposits required for such taxes. -5- i (b) Operator shall collect and prepare any necessary returns, reports and forms for any sales, use, service or other similar taxes required to be collected in connection with the operation of the Food Service and paid directly to any governmental authority. (c) All taxes referred to in Subparagraph 5.06(a) above shall be Operating Costs, as specified in Subparagraph 6.01; provided, however, Operator shall indemnify Owner against any liability or assessment for interest or penalties arising from Operator's failure to pay or collect any taxes due in a timely manner for reasons that are within Operator's control. 5.07 Collection of Payments. Operator shall collect from customers of the Food Service all charges for the preparation and service of food, the rates of which shall be determined by Operator and approved by Owner in writing prior to implementation thereof. 5.08 Business Relations and Customer Complaints. Operator shall maintain courteous, businesslike relations with customers of the Food Service, and use its best efforts to expeditiously, courteously and equitably resolve complaints of customers relating to the Food Service. Operator shall promptly notify Owner of any major complaint made by any customer of the Food Service. 5.09 Maintenance of Premises. Operator shall cause the Premises to be maintained • in a clean and orderly manner in compliance with all applicable public health ordinances, rules and regulations, and in accordance with reasonable janitorial standards and cleaning specifications prescribed by Owner; provided, however, that Operator shall not be required to take any actions which are the responsibility of Owner pursuant to Subparagraph 6.02 hereof. Operator shall immediately notify Owner if any portion of the Premises is in need of repair by Owner pursuant to Subparagraph 6.02 hereof. 5.10 Consulting and Advising. Operator shall consult, advise and cooperate with Owner regarding the operation and marketing of the Food Service, and otherwise provide Owner with the benefit of Operator's expertise. 5.11 Notification of Injury or Damage. Operator shall notify Owner promptly of any personal injury or property damage occurring to or claimed.by any customer of the Food Service or any third party on or with respect to the Premises and shall promptly forward to Owner any summons, subpoena or other like legal document served upon Operator relating to actual or alleged potential liability of Operator or Owner arising from the Food Service. Operator shall additionally notify Owner immediately of any fire, accident or other casualty, governmental order, lawsuit or threat thereof involving the Premises.and any violations relative to the use, -6- • operation, repair and maintenance of the Food Service under governmental laws, rules, regulations, ordinances, or like provisions. 5.12 Operating Budget. Operator shall prepare and submit to Owner a proposed operating and capital budget for the operation, repair and maintenance of the Food Service and the Premises for the first Year within 30 days hereof. For each subsequent Year thereafter proposed budgets will be due at other times as reasonably requested by Owner. (Such budgets shall be prepared on both an accrual basis and a cash basis showing a month by month projection of income and expense and capital expenditures, as well as any projected increases in expenses and capital expenditures). After approval of each budget by Owner, which approval shall not be unreasonably withheld (such budget is then the "Approved Budget"), Operator agrees to,use diligence and to employ..its best efforts to ensure that the actual costs of operating the Food Service do not exceed the Approved Budget. Operator shall not incur expenses in any month not included in the Approved Budget without Owner's prior written consent. 5.13 Statement of Gross Sales and Operating Costs. (a) Owner shall, not later than 30 days after the last day of the first Year furnish Operator with a statement which sets out (1) the Gross Sales received from the operation of the Food Service during the first Year, and (2) the Operating Costs incurred by Owner during such period. Copies of payment vouchers, bills, invoices and other documentation to support the amounts claimed as Operating Costs shall be available to Operator for review. (b) For each month after the first Year, Owner shall, not later than 15 days after the last day of each month furnish Operator with a statement which sets out the Gross Sales received from the operation of the Food Service during that month, and shall pay to Operator the Percentage Fee for that month. 6. OBLIGATIONS OF OWNER. During the Term, Owner shall have the following duties and responsibilities: 6.01 Payment of Operating Costs. Owner shall pay the Operating Costs incurred for the Food Service pursuant to the Approved Budget, or as otherwise approved by Owner, including without limitation the following: (a) Costs of food, beverages and other supplies for the Food Service; (b) Payroll expenses and applicable payroll taxes for employees performing services for the Food Service, including provision for vacation pay, pension, and health and welfare programs; -7- (c) Costs of procuring and maintaining insurance as provided in'Paragraph 7 hereof; (d) Costs of laundry and uniforms for personnel engaged at the Food Service; (e) Costs of Smallwares, minor equipment and replacements; (f) Costs of decorating; (g) Costs of repairs and maintenance; (h) All utility charges and expenses incurred in the operation of the Food Service, including without limitation charges for electricity, gas, fuel, water and sewer; (i) Fees and costs incurred for procurement and maintenance of licenses, permits and approvals; (k) Costs of advertising and marketing approved by Owner; and (1) Any sales, use, service, other similar taxes imposed upon Operator by governmental authorities for services rendered by Operator hereunder, or imposed or assessed for the use and operation of the Food Service. 6.02 Repair and Restoration of Premises. Owner shall, at Owner's expense, maintain and repair the physical condition and structural integrity of the Premises, including the heating, cooling and air ventilation systems for the Premises in good and operable condition for their intended use. Owner agrees that Operator shall have no obligation to undertake any such repair or maintenance. Notwithstanding the foregoing, Operator shall be solely responsible for rehabilitations, repairs or restorations necessitated by Ope'rator's negligence or willful misconduct. 6.04 Food Service Supplies. Subject to Subparagraph 5.03 hereof, Owner shall furnish Operator, without charge for the use thereof during the Term, fixtures, equipment and other items necessary for the operation of the Food Service, including, without limitation, furniture, service islands, kitchen equipment and utensils, Smallwares, cash registers and fire extinguishing equipment. 7. INSURANCE. 7.01 Required Insurance. In accordance with the Approved Budget, Operator, at the expense of Owner, shall procure and maintain insurance as follows: -8- (a) Worker's compensation insurance in compliance with the Worker's Compensation Act of the State of Minnesota, including employer's liability insurance on all employees of the Food Service not covered by the Worker's Compensation Act, for occupational accidents or disease, for limits of not less than $500,000 for any one occurrence. (b) Comprehensive General Bodily Injury and Property Damage Liability Insurance fora combined single occurrence limit of not less than $2,000,000 for bodily injury or death, property damage, blanket contractual liability and products liability (including dram shop coverage). (c) Employee dishonesty insurance with a limit of not less than $100,000, subject to a $500 deductible per occurrence and depositor's forgery insurance with a limit of . not less than $25,000. (d) Crime bond coverage, for loss of money on or off site, with a limit of not less than $10,000, subject to a $500 deductible per occurrence (provided that Operator may elect to provide the foregoing coverage through a bona fide self-insurance program maintained by Operator if the same has been approved by Owner). (e) Such other insurance as Owner may designate in writing to Operator. 7.02 Insurance Companies. All such insurance referred to in Subparagraph 7.01 shall be written by companies satisfactory to Owner, and all such policies shall provide that they may not be canceled or altered without at least 30 days prior written notice to Owner. Operator shall deliver to Owner, upon Owner's written request, certificates of insurance evidencing coverage to be obtained.by.Operator in _ accordance with the terms of this Agreement. 7.03 Additional Insureds. The insurance policies listed in this Section 7 shall be endorsed to cover Owner and Owner's Mayor, Councilmembers and employees, and any other person designated by Owner. 7.05 Liability; Waiver of Claims. (a) Owner and Operator hereby waive all claims for recovery from each other and their respective affiliates, employees, agents, Councilmembers and officers, for loss or damage to property by fire or other casualty coverable by generally available standard forms of wall risks insurance, whether or not the loss or damage resulted from the negligence of the other, its agents or employees. (b) The parties agree that Operator will have no part in the conduct of Owner's liquor operation in the Premises, except that the parties intend to arrange for use of Operator's employees who are serving food to also serve beer, wine and liquor on -9- behalf of Owner; provided that Operator's employees shall be certified in accordance with requirements established by Owner's liquor liability insurance carrier prior to serving any beer, wine or liquor on behalf of Owner, and provided further that such employees shall not be deemed to be Owner's employees as the result of any such activities. Owner agrees that in the event that Operator's employees are serving beer, wine or liquor, Operator shall be named as an additional insured on Owner's policy of liquor liability insurance, so long as such employees have been certified in accordance with requirements established by Owner's liquor liability insurance carrier prior to serving any beer, wine or liquor on behalf of Owner and that if Owner is self-insured and has filed a bond with the State of Minnesota related to such self-insurance, then Owner shall name Operator as an additional party on the bond. The cost of certifying Operator's employees as provided in the foregoing provisions of this paragraph shall be paid by Owner, except that any wages or hourly rates owing to any such employees for time spent by such employees in connection with such certification shall be paid by Operator. (c) Operator agrees that Owner shall not be liable to Operator, or its employees, with respect to any injury or damage or loss of property sustained by Operator, or its employees, by reason of Operator's use of the Premises, or by use of any streets, sidewalks or other areas adjoining or appurtenant to the Premised, unless such damage or loss is caused by Owner's gross negligence or.willful misconduct. Except as otherwise expressly set forth herein, Operator assumes all risk of loss of or • damage to Operator's equipment, fixtures or other property within the Premises, including without limitation any loss or damage caused by water leakage, bursting of pipes; fire, windstorm, explosion, theft, or other cause. 8. TERMINATION. 8.01 . Termination by Owner. Owner shall have the right to terminate this Agreement: (a) Upon written notice to Operator in the event of Operator's fraud, gross negligence or willful misconduct in the performance of its obligations hereunder; (b) Upon 10 days written notice to Operator in the event of a breach by Operator of any of its monetary obligations hereunder, if such breach is specified in such notice 'and is not cured within such 10 day period; (c) Upon 30 days written notice to Operator in the event of a breach by Operator of any of its nonmonetary obligations hereunder, if such breach is specified in such notice and is not cured within such 30 day period or, if such breach cannot reasonably be cured within 30 days, if Operator fails to commence the cure thereof -10- within said 30 day period and thereafter fails to diligently pursue said cure or if Operator fails to complete said cure within six (6) months of such breach; (d) Upon written notice to Operator if Operator shall file a petition seeking adjudication as a bankrupt or shall be adjudicated bankrupt or insolvent, or shall become a party to any proceedings involving bankruptcy, insolvency, arrangement, reorganization, receivership or similar relief against or with respect to Operator or any substantial portion of its property under any present or future law, whether voluntary or involuntary, and, if involuntary, such proceedings shall not be stayed, dismissed or vacated within 60 days after their inception; (e) Immediately, upon the damage or destruction of the Premises by fire or other casualty which shall prohibit or materially impair the operation of the Food Service; or (f) Upon not less than 90 days written notice to Operator at any time, for any reason or for no reason. 8.02. Termination by Operator. Operator shall have the right to terminate this Agreement: (a) Upon 10 days written notice to Owner in the event of a breach by Owner of its monetary obligations, if such breach is specified in such notice and is not cured within such 10 day period; (b) Upon 30 days' written notice to Owner in the event of a material breach by Owner of any of its other obligations hereunder, if such breach is specified in such notice and is not cured within such 30 day period or, if such breach cannot reasonably be cured within 30 days, if Owner fails to commence the cure thereof within said 30 day period and thereafter fails to diligently pursue said cure or if Owner fails to complete said cure within six (6) months of such breach; and .(c) Upon not less than 90 days written notice to Operator at any time, for any reason or for no reason. 8.03 Vacating the Premise. Operator, upon leaving the Premises, shall at its own expense remove all ashes, dirt, rubbish and refuse, and upon Operator's failure to do so, Owner may immediately without further notice to Operator do the same at Operator's expense, which Operator shall immediately pay upon receipt of a bill for same from Owner. 9. INDEMNIFICATION. Operator agrees to indemnify, defend, and hold Owner, Owner's Mayor, Councilmembers and employees harmless from any claims, demands, liability, loss, cost or expense incurred by reason of any negligent, willful -11- or fraudulent act or omission by Operator or any of Operator's employees, independent contractors or agents, in connection with Operator's operation of the Food Service. 10. SUBCONTRACTING. Operator agrees that it will not subcontract the Food Service, or any part thereof, and will not assign this Agreement or any interest therein. Operator agrees that the Food Service at the Premises will be operated by Operator and Operator only, or by day or shift managers who are employed by, and under the direction of, Operator, and that Operator will not contract with anyone else for the operation or management of said Food Service. 11. TAKING FOR PUBLIC USE. Operator agrees that if the Premises, or any part thereof, or any part of the improvements of which they form a part, shall be taken for any street or public use, or shall during the continuance of this Agreement be destroyed by the action of the public authorities, then this Agreement shall thereupon terminate. Owner shall be entitled to the full amount of any award or payment for the taking of the real estate. Operator shall be entitled only to separate payments, if any, made for the loss of good will relating to Operator's Food Service operation, Operator's trade fixtures and payments made under applicable relocation regulations; provided that Operator shall in no event be entitled to any part of the award for the taking of the real estate. 12. COMPETITION. Neither Operator nor any person, partnership, corporation or other entity under the control of Operator or under common control with Operator will own, operate or manage a Food Service within a one-mile radius of the Premises during the term of this Agreement. 13. NOTICES. All notices or demands given hereunder shall be in writing,, and if not personally delivered shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Operator: 1885 Newberry Avenue North Stillwater, Minnesota 55082 If to Owner: City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 -12- and/or such other address as may be furnished in writing as aforesaid. The date of giving any such notice or demand shall be (i) the date of personal delivery, if service is so effected, or (ii) the date three days after the same is deposited in the United States mail as provided above. IN WITNESS WHEREOF, the Owner and Operator have hereunto set their hands to this Lease the day and year first above written. OWNER CITY OF ST. ANTHONY OPERATOR By By Its Its Ernie Swanson By Its -13- DoRsEY & WHITNEY Pnorzs81oxAL Lixrrea LLSSiurr Ps87xE8961r • NEW YORK ROCHESTER,MY PILLSBURY CENTER SOUTH WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 55402-1498 DENVER (612) 340-2600 GREAT FALLS FAX(612)340-2868 ORANGE COUNTY, CA MISSOULA LONDON DES MOINES BRUSSELS WIIdaAM R.SOTH FA R G O (612)39469 29 June 5, 1995 Ms. Kim Moore-Sykes Management Assistant City of St. Anthony 3301 Silver Lake Road St."Anthony, MN 55418 RE: The Arbors at St. Anthony Village by Arnold Development, Inc. Dear Kim: • I have reviewed the new materials you sent to me regarding the above. I think that the revised plat now addresses many of the questions I had in my earlier letter to the Planning Commission. You should just make sure, however, that the following points are covered: 1. Of course, the easement with the'Brauns needs to be resolved. 2. The information I have reviewed does not indicate whether the floor area ratio of 0.6 or the minimum square footages called for in the ordinance are met, but I assume you or Larry Hamer will check this. 3. It appears that the 30-foot front setback is now met by the revised plat, but I am not sure whether the sideyard setbacks are met. 4. The rear setbacks range from 20 to 28 feet, so a variance from the 30- foot requirement will be required. Af you have any further questions on this, please let me know. Very :Ul ours,;? WRS:rd William R. Soth DORSEY & WHITNEY PROPESSIONAL 11MITLD II-AIUTT PARTNESSRIP • NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN WASHINOTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 55402-1498 DENVER (612) 340-2600 GREAT FALLS PAX(612)340-2868 ORANGE COUNTY, C.a► M I S S O V LA LONDON DES MOINES W111j"R.SOTS BRUSSELS (612)34x2969 FARGO June 5, 1995 Ms. Kim Moore-Sykes Management. Assistant City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Plat of The Village Commons by Nedegaard Construction Dear Kim: • I have reviewed the new materials you sent to me regarding the above. I think that the revised plat now addresses many of the questions I had in my earlier letter to the Planning Commission. You should just make sure, however, that the following points are covered: 1. In discussing the front footages of the lots and setbacks from the private drive with Larry Hamer, we have concluded that the City's policy in the past has been that a private driveway is not treated as a public street and that the setbacks are not applied to the driveway, but rather only to the public street. 2. I have advised David Newman at Nedegaard Construction that what has been shown,as Lot 13 on the plat should more correctly be shown as an outlot. In addition, that outlot will not be subject to easements in favor of the City. Instead, the outlot will be owned by the townhouse association for the benefit of all of the lots. 3. The easements over the private drive and the outlot, and any other easements for the benefit of the townhouse owners, will be set forth in a Declaration of Covenants, Conditions and Restrictions. David Newman tells me that this will be prepared if approvals are obtained. Any City approvals therefore need to be made subject to that Declaration being approved by the City Attorney. 4. David Newman has also indicated that they do not intend to have the title work done yet. Again, as with the Declaration, once they have the approval, r DoRsEY & WHITNEY • Ms. Kim Moore-Sykes June 5, 1995 Page 2 they will incur the costs related to the title insurance. For this reason, any City approvals must be made subject to my review and approval of the status of title. If you have any further questions on this, please let me know. Very yours, WRS:rd William R. Soth DOiEzSEY & WHITNEY PROFESSIONAL LIMITED LIAwmw PARTNERSRtF NEW YORK ROCHESTER,MN PILLSBURY CENTER SOUTH WASHINGTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 35402-1498 DENVER 612) 340-2600 GREAT FALLS FAX(612)340-2868 ORANGE COUNTY, CA MISSOULA LONDON DES MOINES BRUSSELS WIIdi"R.SOTH (612)810.2969 FARGO June 6, 1995 VIA FAX & MAIL Ms. Kim Moore-Sykes _ Management Assistant- City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Verkin's First Addition Dear Kim: I have reviewed the copy of the plat which you sent to me under letter dated June 5, 1995. I understand that the final plat is scheduled for Council consideration on June 13. I have the following remaining comments on this plat: 1. I cannot tell from this drawing whether the houses meet all of the setback requirements, but I assume you or someone else has checked this. 2 The plat you sent is really just another copy of the preliminary plat with some additional information on it. I should see the final plat in the form to be recorded. It will include the dedication language, the final legal description, and will clearly show the lot boundaries and easements, without the additional information required for the preliminary plat. 3. We should make sure that the easements shown in the final plat are acceptable to Larry Hamer. 4. As indicated in my earlier letter, the title information provided to me earlier was not adequate. The abstract showed a deed to Mildred Verkins, but the legal description in that deed is quite different from the description on the preliminary plat. I should have title information from the owner or surveyor that It confirms that Mildred Verkins is the owner of the property with the same legal description which will appear in the final plat. DoRSEY Sc WHITNEY r Ms. Kim Moore-Sykes June 6, 1995 Page 2 If you have any questions regarding the above items, please give me a call. By a copy of this letter, I am requesting that the surveyor provide a print of the final plat to me directly, so that I have time to review it prior to the meeting on the 13th. I will be in a seminar Thursday and out of town from Friday through Monday, so I will need to see it tomorrow or Tuesday morning. Very yours, WRS:rd William R. Soth cc: Kemper & Associates, Inc. • CITY OF ST. ANTHONY ORDINANCE 1995-001 AN ORDINANCE RELATING TO LOT COVERAGE, AMENDING SECTIONS 1615, SUBD. 8; 1616.05, SUBD. 8; AND 1620, SUBD. 8 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1615, R1 SINGLE FAMILY DISTRICT, 1615.05, Dimensional Regulations, will be amended to read as follows: _ Subd. 8. Lot Coverage. The lot coverage may not exceed 35%. Section 2. Section 1616, R1A SINGLE.FAMILY LAKESHORE, 1616.05, Dimensional Regulations, will be amended to read as follows: Subd. 8. Lot Coverage. The lot coverage may not exceed 35%. Section 3. Section 1620, TWO FAMILY DISTRICT, 1620.05, Dimensional Regulations, will be amended to read as follows: Subd. 8. Lot Coverage. The lot coverage may not exceed 35%. Section 4. This ordinance shall be in effect as of the date of its publication. First Reading: May 23, 1995 Second Reading: June 12, 1995 Adopted: June 27, 1995 Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of ' 1995. • CITY OF ST. ANTHONY ORDINANCE 1995-005 AN ORDINANCE RELATING TO ADULT USES AND SEXUALLY- ORIENTED BUSINESSES; AMENDING CHAPTER 16 OF THE CITY CODE TO ADD A NEW SECTION 1670; AMENDING SECTION 1605.01, SUBD. 4, DEFINING ADULT USES; AMENDING SECTION 1605.01 TO ADD CERTAIN NEW DEFINITIONS; AND AMENDING SUBSECTION 1635.03(a) The City Council of the City of St. Anthony hereby ordains: Section 1. Section 16.05.01., Subdivision 4 o the City Code is amended to read in full as follows: Subd. 4. Adult Uses. The following uses will be deemed adult uses and will have the following definitions: (a) Adult Body Painting Studio. An establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the body of a patron when such body is wholly or • partially nude in terms of specified anatomical areas. (b) Adult Bookstore. An establishment or business which barters, rents or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film and either alone or when combined with adult motion picture rental or sales and adult novelty sales within the same business premises has either 10 percent or more of its stock in trade or 10 percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. (c) Adult Cabaret. An establishment or business which provides dancing or other live entertainment, if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas. (d) Adult Companionship Establishment. An establishment or business which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. i (e) Adult Conversation/Rap Parlor. An establishment or business which provides the service of engaging in or listening to conversation, talk, or discussion, if • Ordinance 1995-005 Page 2 such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (f) Adult Health/Sport Club. An establishment or business which excludes minors by reason of age and is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. (g) Adult Hotel or Motel. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (h) Adult Mini-Motion Picture Theater. A building or portion of a building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein. (i) Adult Modeling Studio. An establishment or business which provides to • customers, figure models who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (j) Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. _ (k) Adult Motion Picture Rental or Sales An establishment or business which barters, rents or sells videotapes or motion picture film and either alone or when combined',with adult bookstore or adult novelty sales within the same business premises has either 10 percent or more of its stock in.trade or 10 percent or more of its floor area containing items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. (1) Adult Motion Picture Theater. A building or portion of a building with a capacity of 50 or more persons used for presenting material distinguished or Ordinance 1995-005 Page 3 characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein. (m) Adult Novelty Sales. An establishment or business which sells devices which stimulate human genitals or devices which are designed for sexual stimulation and either alone or when combined with adult bookstore and adult motion picture rental or sales has either 10 percent or more of its stock in trade or 10 percent or more of its floor area containing such items and other items which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. (n) Adult Sauna/Bathhouse/Steam Roo_ m. An establishment.or business which excludes minors by reason of age and which provides a steam bath or heat bathing room if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. Section 2. Section 1605.01 of the City Code is hereby amended to add the following • new subdivisions: Subd. 87. Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult.cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, and adult body painting studios as defined in Section 1605.Oi, Subdivision 4. In addition, all other premises, enterprises, establishments, businesses or piaces at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activity or specified anatomical areas which are capable,of being seen by members of the public. The term "Sexually-oriented businesses" shall not be construed to include, (i) schools or professional offices of licensed physicians, chiropractors, psychologists, physical therapists, teachers or similar licensed professionals performing functions authorized under the licenses held, (ii) establishments or businesses operated by or employing licensed cosmetologists or barbers performing functions authorized under licenses held, or (iii) the sale of clothing. Subd. 88. Specified Anatomical Areas: (i) less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; or, (ii) human male,genitals in a discernible turgid state, even if completely and opaquely covered. Ordinance 1995-005 Page 4 Subd. 89.' Specified Sexual Activities. (i) actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (ii) clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, (iii) use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or, (iv) fondling or touching of nude human genitals, pubic region, buttock, or female breast(s);'oF, (v) situations involving a person or persons, any of whom are nude, clad.in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; 'or, (vi) erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (vii) human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Chapter 16 of the City Code is hereby amended to add a new Section 1670 to read as follows: • SECTION 1670 - SEXUALLY-ORIENTED BUSINESSES 1670.01 Council Findings, The City Council has reviewed various reports regarding sexually- oriented businesses and has considered studies done in other cities, ordinances of other cities, court cases regarding sexually-oriented businesses, and other materials pertaining to adult uses and sexually-oriented businesses. In particular, the Council has reviewed materials related to the adverse secondary'characteristics related to adult uses and sexually-oriented businesses. The Council has reviewed evidence taken from the City of,Minneapolis, where studies have shown a strong correlation between sexually-explicit businesses and increased crime rates, and from the City of St. Paul, where studies have suggested such a correlation as well as a possible correlation between sexually-oriented businesses and depressed property values. The City Council has also relied upon evidence taken from reported court cases involving other municipalities which are smaller suburban cities in Minnesota and in other states. The City Council believes that the experiences of the cities of Minneapolis and St. Paul are relevant to the City of St. Anthony because of their close proximity, and that the smaller cities involved in cases from Minnesota and other states are similar in their position as relatively small suburbs to major metropolitan areas. After careful consideration of these materials and other materials, including the Report of the Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses (Minnesota Attorney General's Office, June 6, 1989), and in order to prevent the problems that cities around the nation have encountered with the unregulated location of adult uses and Ordinance 1995-005 Page 5 sexually-oriented businesses in-their communities, the St. Anthony City Council has arrived at the following findings and conclusions: (a) The Council finds,that sexually-oriented businesses have adverse secondary characteristics, particularly when they maybe accessible to minors or are located near residential properties or schools, churches, temples, synagogues, daycare centers, libraries, recreational areas and parks, and such businesses can exert a dehumanizing influence on persons attending or using such properties. (b) Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located. (c) . Sexually-oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. (d) The concentration of sexually-oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be very detrimental. In many cases other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the City's tax base and contribute to overall urban blight. (e) The regulation of the location and operation of sexually-oriented businesses is warranted to prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade, its property values, and in general the quality of the City's neighborhoods, commercial and industrial districts, and urban life. 1670 Standards for Sexually-Oriented Businesses. The following standards shall apply to all sexually-oriented businesses in any district or location within the City of St. Anthony: (a) No sexually-oriented business shall be located closer than 400 feet from any other sexually-oriented business, or closer than 400 feet from any day-care facility, church, temple, synagogue, school, library, or publicly-owned park, playground or other recreational,facilities, or any facility selling intoxicating liquor, as defined in Minn. Stat. § 340A.101. Measurements shall be made in a Ordinance 1995-005 Page 6 straight line, without regard to intervening structures or objecs, from the nearest point of the actual premises of the sexually-oriented business or other facility. (b) No sexually-oriented business shall be located closer than 400 feet from any property in the R-1, R-1A, R-2, R-3, R-4, R/O, or PUD District, or any residentially zoned property in any city adjoining the City. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest boundary of the other district. (c) No sexually-oriented business shall be located outside the Commercial District. Section 4. Subsection (a) of Section 1635.03 of the City Code is amended to read in full as follows: (a) Sexually-oriented businesses which comply with the requirements of Section 1670. Section 5. This ordinance shall be in effect as of the date of its publication. First Reading: May 23, 1995 Second Reading: June 12, 1995 Adopted: June 27, 1995 Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of , 1995. CITY OF ST'. ANTHONY ORDINANCE 1995-006 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE AS REVISED AND PROVIDING FOR ITS APPLICATION, ADMINISTRATION, AND ENFORCEMENT; AND PROVIDING FOR THE REPEAL OF ALL INCONSISTENT ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1305 shall read as follows: SECTION 1305 - HOUSING CODE AND STATE BUILDING CODE 1305.01 State Building Code Adopted, The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.75 and published in Minnesota Rules Chapters 1300 through 1370 and incorporating the Minnesota Plumbing Code and the Minnesota Energy Code, Chapters 4715 and 7670 respectively of Minnesota Rules, is hereby adopted as the building code for the City of St. Anthony, and is incorporated into this ordinance as if set out in full subject to the following specifications: Subd. 1 Mandatory Enforcement Provisions. The following chapters of Minnesota Rules shall be enforced and administered without change by the City as mandatory provisions of the Minnesota State Building Code: (a) Chapter 1300 - Minnesota State Building Code (b) Chapter 1301 - Building Official Certification (c) Chapter 1302 - Construction Approvals (d) Chapter 1305 - Amendments to the Uniform Building Code (UBC) (Adoption of the 1994 Uniform Building Code). The adoption of this chapter specifically includes UBC Appendix Chapters: 3, Division I "Detention and Correctional Facilities"; 12, Division H "Sound Transmission Control"; and 29, "Minimum Plumbing Fixtures". The adoption of optional UBC Appendix chapters under Section 1305.0020 shall be as indicated in Subd. 2 of this ordinance (e) Chapter 1307 - Elevators and Related Devices (f) Chapter 1315 - Electrical Code (Adoption of 1993 National Electrical Code - NEC) Ordinance 1995-006 Page 2 (g) Chapter 1325 - Solar Energy Systems (h) Chapter 1330 - Fallout Shelters (i) Chapter 1335 - Floodproofing; Except Sections 1335.0600 through 1335.1200 which are optional and shall be enforced as adopted in Subd. 2 of this ordinance 0) Chapter 1340 - Facilities for the Handicapped (k) Chapter 1346 - Uniform Mechanical Code (1) Chapter 1350 - Manufactured Homes (m) Chapter 1360 - Prefabricated Buildings (n) Chapter 1365 - Snow Loads (o) Chapter 1370 - Storm Shelters (p) Chapter 4715 - Minnesota Plumbing Code (q) Chapter 7670 - Minnesota Energy Code Subd. 2 Optional Enforcement Provisions. (a) The f6llowing Appendix Chapters of the 1994 Uniform Building Code, representing optional provisions of the Minnesota State Building Code as provided in Chapter 1305.0020 of Minnesota Rules, are hereby adopted by the City and shall be enforced and administered by the City without change, except to the extent that the City may adopt revised fee schedules and bonding requirements under UBC Appendix Chapter 33, as part of the State Building Code for the City: (1) UBC Appendix Chapter 3, Division III - Requirements for Group R, Division 3 Occupancies (2) UBC Appendix Chapter 15 - Reroofing (3) UBC Appendix ,19 - Protection of Residential Concrete Exposed to Freezing and Thawing Ordinance 1995-006 Page 3 (4) UBC Appendix 31, Division H - Membrane Structures (5) UBC Appendix 33 - Excavation and Grading 1305.02 A olication Administration and Enforcement. The application, administration, and enforcement,of the Minnesota State Building Code in the City shall be in accordance with Minnesota Statutes Chapter 16B and Minnesota Rules Chapters 1300 and 1305. The City Council, pursuant to Minnesota Statutes 16B.65, shall appoint a Building Official who shall attend to all aspects`of Building Code administration. Additional members of a City Building Department shall be authorized by the City Council as needed. Organization of the City's Building Department shall be as established by Chapter 1 of the 1994 Uniform Building Code, as amended by Minnesota Rules. The Minnesota State Building Code shall be enforced within the incorporated limits of the City. 1305.03 Permits. Inspections. and Fees. Permits shall be issued, inspections conducted, and fees collected as provided for in Minnesota Statutes 16B.62, Chapter 1 of the 1994 UBC, and Minnesota Rules 1305.0106 and 1305.017. 1305.04 Surcharge. In addition to the permit fee required under Section 1305.03 above, the applicant for a building permit shall pay a surcharge to be. remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 16B.70. 1305.05 Repeal. Section 1305 of the 1993 St. Anthony Code of Ordinances and all ordinances in conflict or inconsistent with the provisions of this.ordinance are hereby repealed. Section-2. This ordinance shall be in effect as of the date of its publication. First Reading: June 12, 1995 Second Reading: June 27, 1995 Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of , 1995. CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA JUNE 27, 1995 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JUNE 27, 1995 H.R.A. AGENDA. IV. APPROVAL OF MAY 23, 1995 H.R.A. MINUTES. A. AMERICAN BANK - $26,852.50. B. AMERICAN BANK - $3,692.50. C. DORSEY & WHITNEY - $481 .25. D. DORSEY & WHITNEY - $275.00. E. HENNEPIN COUNTY - $2,765.60. V. REDEVELOPMENT AND TAX INCREMENT FINANCING PLANS. A. H.R.A. RESOLUTION 1995-004, RE: MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS. B. H.R.A. RESOLUTION 1995-005, RE: AMENDING REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR DISTRICT #2, RAMSEY COUNTY. C. H.R.A. RESOLUTION 1995-006, RE: REDEVELOPMENT AGREEMENT WITH VILLAGE PROPERTIES. D. H.R.A. RESOLUTION 1995-007, RE: REDEVELOPMENT AGREEMENT WITH ARNOLD DEVELOPMENT. E. H.R.A. RESOLUTION 1995-008, RE: REDEVELOPMENT AGREEMENT WITH NEDEGAARD CONSTRUCTION COMPANY. VI. ADJOURNMENT. I CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES �3 MAY 23, 1995 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 9:22 P.M. 6 II. ROLL CALL. 7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Secretary/Treasurer Marks, 8 Commissioners Wagner and Fleming. 9 Commissioners Absent: None. 10 Also Present: Executive Director Michael Mornson. 11 III. APPROVAL OF MAY 23, 1995 HRA AGENDA. 12 Motion by Marks, second by Fleming to approve the May 23, 1995 HRA Agenda as presented. 13 Motion carried unanimously. 14 IV. APPROVAL OF APRIL 11, 1995 HRA MINUTES. 15 Motion by Fleming, second by Enrooth to approve the April 11, 1995 HRA minutes as 16 presented. 4 Motion carried unanimously. 18 V. PRESENTATION OF CLAIMS. 19 Motion by Enrooth, second by Wagner to approve the following claims: 20 A. Williams/O'Brien Associates. Inc., in the amount of$988.77 for architectural services 21 rendered from February 28 through April 27, 1995, schematic design Community Service 22 Center. 23 B. Dorsey& Whitney, in the amount of$415.00 for professional services rendered through 24 March 31, 1995 St. Anthony HRA general and in the amount of$390.00 for professional 25 services rendered through February 28, 1995 for 3111 Silver Lake Road. 26 C. Waste Management- Blaine, in the amount of$7.65 for invoice dated April 4, 1995. 27 Motion carried unanimously. 28 VI. EXECUTIVE DIRECTOR'S REPORT. 29 30 Executive Director Momson reported Larry Beach plans to start construction of a house in June 31 on the property located at 3111 Silver Lake Road. 32 Mornson reported the Stafford's, who purchased the 2nd vacant lot by Coolidge from the City in 6 February, plan on building a house over the summer. 35 Mornson reported Roger Bona plans to demolish the building on Kenzie and construct a repair 36 garage. The City has denied assistance with a berm. Housing and Redevelopment Authority Meeting Minutes May 23, 1995 Page 2 1 Mornson reported in regards to the American Monarch property, the developer has deposited a 2 check for $5,000.00 with the City. There is a tentative developer's agreement to be approved at 3 the June 27, 1995 meeting for$125,000.00 in assistance in return for keeping value at $1.2 4 million and 67 jobs. 5 Mornson reported the Nedegaard Twin Homes project is proceeding. The developer has 6 deposited a check for$5,000.00 with the City. There is a tentative developer's agreement to be 7 approved at the June 27, 1995 meeting for assistance for$1.5 million-in value increase and 8 $30,000-$35,000 in taxes. 9 Mornson reported in regards to the Mako/Olson Property, there is a deposited check for 10 $5,000.00 with the City. There is a tentative developer's agreement to be approved at the June 11 27, 1995 meeting for $240,000.00 in assistance for a$2.4 million increase in value and $40,000- 12 $45,000 in taxes. 13 Mornson reported in regards to the Bowling Alley, there is a deposited check for$5,000.00 with 14 the City. There is a tentative developer's agreement to be considered at the June 27, 1995 15 meeting for assistance in return for an approximate $600,000.00 increase in value plus 16 $14,000.00 in taxes. City's offer is for$60,000.00 in assistance. The developer is asking for 17 $125,000.00. A decision by the HRA needs to be made on the amount. He indicated there is a 18 problem with parking in this development. The proposed parking stalls 23-29 are not park of the 19 owner's property. There is an easement with St. Anthony Shopping Mall for parking purposes 20 only. The owner is proposing to lease space from Town and Country for parking which will 21 bring the total parking stalls up to 65-70. But the owner needs a permanent solution to the 22 parking problem. He reported there is a possibility of vacating Coolidge but that may cause a 23 delivery and garbage pickup problem for other businesses located in that area. 24 Mornson reported the TIF hearing is scheduled for June 27, 1995, so the City will have the 25 ability to fund the aforementioned projects. 26 Mornson reported a meeting was held with Mary Rothchild from First Bank today, May 23rd, to 27 review issues regarding Apache Plaza. 28 VII. ADJOURNMENT. 29 Motion by Marks, second by Enrooth to adjourn the meeting at 9:35 P.M. 30 Motion carried unanimously. 31 Respectfully submitted, 32 Lorri Kopischke 33 Timesaver Off Site Secretarial 34 35 Mayor 36 ATTEST: 37 City Clerk ERICAN CORFOnkT.TRUST DEPARTMENT IIAIvK�. 6 -296 6256 101 East Fifth Street St. Paul, MN 55101-1860 8100 ST ANTHONY MN 1991A 6/07/95 GO REFUNDING BONDS DATED 1-1-91 NOTICE OF PAYMENT DUE 08/01/95 REGISTERED INTEREST `;26,852.50 FUNDS ARE DUE ON 07/27/95 *PLEASE RETURN A COPY OF THIS NOTICE WITH YOUR REMITTANCE • 10\5(1RE fW`tDS: ATiN:PAYNG AG" ABA jaq.6000071 CITY FINANCE DIRECTOR 3301 SILVER LAKE RD ST ANTHONY MN 55418 _ fir.. .� .i•: : :, _ _ . • ERCAN CORPORATE TRUST DEPARTMENT gkN'K`• 612-298-6256 101 East Fifth Street St. Paul, MN 55101-1860 8472 ST ANTHONY MN 94A 6/07/95 GO TAX INCREMENT REF BONDS DATED 1-1-94 NOTICE OF PAYMENT DUE 08/01/95 REGISTERED INTEREST $3,692.50 FUNDS ARE DUE ON 07/27195 • *PLEASE RETURN A COPY OF THIS NOTICE WITH YOUR REMITTANCE E fW'tp5' tO�yy eA,, '" CITY FINANCE DIRECTOR 3301 SILVER LAKE RD ST ANTHONY MN 55418 DORSEY & WHITNEY PaorsssloNAL lJxJTSD'ranILi7T PArrrsos131P • P.O.BOX 1880 MINNEAPOLIS.MINNESOTA 55480.1880 (812)340.2800 Cr"Idsntltloatlon No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota May 19, 1995 Attn: Mr. Michael J. Mornson Invoice No. 436757 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 04/30/95 Client-Matter No: 178820-00075 City of St. Anthony HRA General Review information regarding redevelopment of • Clark Station property; research procedures for financial assistance to redevelopment projects without acquiring the redevelopment property; telephone conference with M. Mornson regarding same. Total For Legal Fees $481 .25 Total This Matter $481 .25 Service charges are based an rates estabilehed by DorwW&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 DORSEY & WHITNEY Peor39830>rer.IJMITED 1.uslu7T PASrNE2981P P.O.BOX 1880 MINNEAPOLIS,MINNESOTA 55480.1880 (812)340.2800 Crax Idsatiticatim No.41-02233 STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota May 19, 1995 Client No. : 178820 Page 2 Invoice No. : 436757 For Legal Services Rendered Through 04/30/95 Client-Matter No: 178820-00098 Apache Plaza TIF Project Telephone conference with M. Mornson regarding issues regarding watershed district' s permit if Bank' takes over project; conference with P. Dunn of Welsh Companies regarding recommendations to Bank; telephone conference with M. Mornson regarding same; telephone conferences M. Mornson and J. Gilligan regarding proposals by Welsh Companies for different development . Total For Legal Fees $275 .00 Total This Matter $275 . 00 Service charges are based an rates established by Dorsey&Whitney.A schedule of those rates has been provided and In avellable upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT BILLING FOR COUNTY TIF ADMINISTRATIVE COSTS BILLABLE IN 1994 City of St. Anthony TIF District Number Maintenance Costs 1950 $2,169.52 1952 596.08 Total due Hennepin County $20765.60 Hen* ne In County, An Equal Opportunity Employer James M. Bourcy, County Administrator I June 6, 1995 Connie Kroeplin, Cie -�L 01� City of St. A y J/ 3301 Sil Lake Road St., ony, Minnesota 55418 Dear Ms. Kroeplin: Enclosed is a billing for county costs incurred in 1993 to administer tax increment districts in your city. This billing is based on 1993 budget expenditure reports for tax collection functions within this department, as authorized by Minnesota Statutes, Section 469.176, Subd. 4 h. One-half of the county TIF administrative costs are allocated based on the number of tax parcels located within TIF districts of your city ($5.96 per parcel). The. remaining one-half is allocated equally to each TIF district or enlarged district via modification of the plan ($411.32 per district). Please remit payment of $2,765.60 by July 1, 1995. The check should be made payable to the Director of Property Tax; Hennepin County. Please mail to my attention. Call me at-348-5668 if there are any questions on this billing. This is a late billing of the 1993 TIF costs; billing for 1994 TIF costs will be made by September 1, of this year. Sincerely, Gerald W. Pahl, Manager Administrative Support Division GWP:bam Enclosure Hennepin County General Services Taxpayer Services Division A-600 Hennepin County Government Center Minneapolis, Minnesota 55487-0060 • CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached .resolution to be a true, correct and complete copy of the original: Resolution Approving Master Modification to Redevelopment Plans and Tax Increment Financing Plans • and Requesting the Approval of the City Council 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of , 1995. Michael Morrison, Executive Director H.R.A. RESOLUTION 1995-004 • RESOLUTION APPROVING MASTER MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS AND REQUESTING THE APPROVAL OF THE CITY COUNCIL BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: 1. Proposed Amendment. The HRA has approved a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto (the "Redevelopment Plans"), and redevelopment projects to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the "Redevelopment Projects"), and that in order to finance the public redevelopment costs to be incurred by the HRA in connection with certain of the Redevelopment Plans and the Redevelopment Projects, the HRA has approved tax increment financing plans, pursuant to the provisions of Minnesota Statutes, Section 469.175 (the "Financing Plans"), which two establish tax increment financing districts, as defined in Minnesota Statutes, Section 469.174, subdivision 9, which are designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"). It has been proposed that the HRA approve an amendment to the Redevelopment Plans and the Financing Plans which is entitled "Master Modification to the Redevelopment Plans and the Tax Increment Financing Plans" (the "Master Modification") to combine the areas subject to the Redevelopment Plans and to expand the area subject to the Redevelopment Plans and to authorize the expenditure of tax increment revenue derived from the Districts to pay public redevelopment costs in the additional area subject to the Redevelopment Plans by the Master Modification and costs related to construction of a community center designed to serve the residents of the City. 2. Approval of Master Modification. The Master Modification has been presented to this Board and is ordered placed on file in the office of the Executive Director of the HRA, and the Master Modification is hereby approved. The Master Modification further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment Projects and the Financing Plans, by redeveloping property in the City in order to prevent or reduce blight, blighting factors and the causes of blight and by providing public facilities which will be of benefit to all residents of the City. 3. Presentation to City Council. The Master Modification hereby approved shall be presented to the City Council for a public hearing thereon pursuant to Minnesota Statutes, Section 469.029, subdivision 6 and Section 469.175, • subdivision 4. Dated the 27th day of June, 1995. Chairperson Attest: Secretary -2- CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), hereby attest and certify that: 1. As such officer, I am the recording officer of the HRA, and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: Resolution Approving 1995 Amendment to • Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) and Tax Increment Financing Plan for Tax Increment Financing District No. 2, and Requesting the Approval of the City Council 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director, this day of June, 1995. Michael Mornson, Executive Director H.R.A. RESOLUTION 1995-005 S RESOLUTION APPROVING 1995 AMENDMENT TO REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 2 (RAMSEY COUNTY) AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2, AND REQUESTING THE APPROVAL OF THE CITY COUNCIL BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of St. Anthony, Minnesota (the "HRA"), as follows: 1. Proposed Amendment. The HRA has approved a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) (the "Redevelopment Plan"), ,and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the 'Redevelopment Project"). In order to finance the public redevelopment costs to be incurred by the HRA in connection with the Redevelopment Plan and the Redevelopment Project, the HRA has approved Tax Increment Financing Plan for Tax Increment Financing District No. 2 (Ramsey County) (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing District No. 2 (Ramsey County) (the "District"). In connection with the development of additional property in the District, it has been proposed that the HRA approve amendments to the Redevelopment Plan and Financing Plan. 2. Approval of Amendment. The proposed amendment to the Redevelopment Plan and Financing Plan is described in the document entitled "1995 Amendment to Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) and Tax Increment Financing Plan for Tax Increment Financing District No. 2 (Ramsey County)" (the "Amendment"). The Amendment has been presented to this Board and is ordered placed on file in the office of the Executive Director of the HRA, and the Amendment as so described is hereby approved. 3. Presentation to City Council. The Amendment hereby approved shall be presented to the St. Anthony City Council for a public hearing thereon pursuant to Minnesota Statutes, Section 469.029, subdivision 6, and Section 469.175, subdivision 4. Dated the 27th day of June, 1995. • Chairman Attest: Secretary Current New Increase Value Value in Value Assist Assistance Project Developer and Taxes and Taxes and Taxes Reques Provided Nedegaard Bruce $177,100(v) $1.7 mil.(v) $1.5 mil.(v) $250,000 $150,000 based Twin Homes Nedegaard $3,230(t) $35,100(t) $31,870(t) on $10,000.for (12) each $100,000 increase in value Makowske/ Arnie $300,000(v) $2.9 mil.(v) $2.6 mil.(v) $260,000 $260,000 based Olson Gregory $13,000(t) $58,000(t) $45,000(t) on $10,000 for Townhomes each $100,000 (18) increase in value American Ken Solie $1,288,000(v) $1,288,000(v) $125,000 $125,000 based Monarch Jerry Cowan $57,000(t) $57,000(t) on retaining • $1,288,000 at $10,000 per $100,000 + 67 jobs CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: Resolution Approving Execution and Delivery of Redevelopment Agreement with Village Properties 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of 1995. Michael Mornson, Executive Director H.R.A. RESOLUTION 1995-006 • RESOLUTION APPROVING EXECUTION AND DELIVERY OF REDEVELOPMENT AGREEMENT WITH VILLAGE PROPERTIES BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony; Minnesota (the "HRA") as follows: 1. It has been proposed that the HRA enter into a Redevelopment Agreement (the "Redevelopment Agreement") with Village Properties (the "Developer"), pursuant to which the HRA will provide funds in the amount of up to $125,000 to pay certain public redevelopment costs in connection with a project to be undertaken by the Developer in the City of St. Anthony or to reimburse the Developer for the payment of the costs. 2. The execution and delivery by the HRA of the Redevelopment Agreement is hereby approved, and the Chairperson and Secretary of the HRA are hereby authorized to execute and deliver the Redevelopment Agreement in substantially the form presented to this Board with such additions thereto or deletions therefrom as shall be approved by the Chairperson and Secretary of the HRA, such approval to be conclusively presumed by the execution and delivery of the Redevelopment Agreement by the HRA. The financial assistance to be provided by the HRA pursuant to the Redevelopment Agreement shall be paid from tax increment revenue of the HRA legally available therefor. Dated: June 27, 1995. Chairman Attest: Secretary *!�--'.'VILLAG E: PROPERTIES 2500 - 39th Avenue NE Minneapolis, MN 5542.1 April 26 , 1995 Mike Mornson City Manager City of St . Anthony 3301 silver Lake Rd . "-NE St . Anthony, MN .. 5541$ =Dear Mike : our company is .currently negotiating for the purchase of the American Monarch Building and also negotiating a lease agreement with a single user tenant. The proposed tenant is Industrial Custom Products , LTD , a 10 . 5 million dollar company doing business since 1977 in Moundsview. You have been provided . - with additional Company information separately The .-: company will bring 67 jobs to the initially nitially and expects to expand to 100 jobs in the future . Wan inducement to the tenant to occupy the property, the landlord is requested to make $200 , 000 of '=-_-:improvements to the building as follows : 1 . Provide . . full building sprinkling for fire protection. Estimated Cost $100 , 000 2 . Provide office upgrading, principally floor coverings and ceiling replacement . Estimated Cost $50 , 000 3 . Upgrade employee facilities , again with floor and ceiling treatments . Estimated Cost $25 , 000 4 . Upgrade.' exterior appearance with landscaping and paint . Estimated Cost $25 , 000 ' With . these improvements , the tenant is willing to execute a. lease for a seven year term. The proposed purchase is summarized as follows : i. Purchase Price $1 , 000 , 000 2 . Improvements . 200 , 000 .;:.._ 3 . Soft Costs and initial Repairs 120 , OQo `:" J .,Total Acquisition Costs $1 , 320 , 000 The purchase and lease arrangements Th economics of the p rcha g proposed are not feasible . Accordingly, our company is requesting City support in the form of Tax Increment ` 'Financing . in the amount of $ 125 , 000 . The benefits to the City for its participation include : The introduction of 70 to 100 new jobs and a .. Successful' Minnesota company to the community . 'f 2 . The revitalization of a long term blighted property , and its return to the tax paying commercial real- estate base . 3 . An increase in the current tax base of approximately $300 ,000 . 4 . A contribution to the overall turn around of the 'Apache Plaza area into a viable economic region . The principals' of village Properties and industrial Custom .. Products would , - be happy to meet with City officials informally or formally to discuss these benefits further. our plan for utilization of the requested support is to use the funds to offset acquisition costs . Therefore, they would be required at the time of closing . We would then fund the. remaining total acquisition and improvement costs : through equity contribution or new financing. our approximate project schedule is as follows : Letter of Intent / Commitment to Purchase 5/10/95 Final Purchase Agreement 5/31/95 Final Lease Agreement 5/31/95 CFinancing Commitment 7/15/95 Real Estate .Closing 8/15/95 Complete Tenant improvements 9/15/95 Tenant Move-In Complete 10/31/95 Tenant- Operational and Lease Start 11/ 1/95 We appreciate the City' s consideration of - our request . Our. analysis shows that the successful redevelopment of this property - cannot be accomplished by private funding alone, and that a cooperative effort of public and private .resources will result in a significant addition to the community. We hope you agree . Thank you, . :is _ ,�:• ,1.aIY Kenneth solie Jerome Cowan • CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: Resolution Approving Execution and Delivery of Redevelopment Agreement with Arnold Development 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of . 1995. Michael Morrison, Executive Director H.R.A. RESOLUTION 1995-007 RESOLUTION APPROVING EXECUTION AND DELIVERY OF REDEVELOPMENT AGREEMENT WITH ARNOLD DEVELOPMENT BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") as follows: 1. It has been proposed that the HRA enter into a Redevelopment Agreement (the "Redevelopment Agreement") with Arnold Development (the "Developer"), pursuant to which the HRA will provide funds in the amount of up to $260,000 to pay certain public redevelopment costs in connection with a project to be undertaken by the Developer in the City of St. Anthony or to reimburse the Developer for the payment of the costs. 2. The execution and delivery by the HRA of the Redevelopment Agreement is hereby approved, and the Chairperson and Secretary of the HRA are hereby authorized to execute and deliver the Redevelopment Agreement in substantially the form presented to this Board with such additions thereto or deletions therefrom as shall be approved by the Chairperson and Secretary of the HRA, such approval to be conclusively presumed by the execution and delivery of the Redevelopment Agreement by the HRA. The financial assistance to be provided by the HRA pursuant to the Redevelopment Agreement shall be paid from tax increment revenue of the HRA legally available therefor. Dated: June 27, 1995. Chairman Attest: Secretary ARNOLD DEVELOPMENT Mr. Mike Morvson City Manager City of St. Anthony 3301 Sih,er Lake Road St. Anthony, MN. 55418 . Dear Mr. Mornson: I would like to request City assistance in the form of tax increment financing(TIF)to N-iably redevelop the frontage road of Old Highway 8 more specifically identified as 2926, 2930,.293 8 . and 3004 Old Highway 8. The proposed redevelopment would require the removal of three existing structures and the construction of 18 owner occupied townhouses. The proposal is described in fiuther detail by the following summary. Current Status of Property. Currently, there are three properties located at: 2938 Old Highway 8 (a 6 unit building) 3004 Old Highway 8 (a 6 unit building) 2926/2930 Old Highway 8 ( a double bungalow) I have a signed purchase agreement on all three parcels. All three of the above properties.are currently rental and are in great need of repair. Three of the above parcels are currently owned by Chester Makowske et al, the other parcel is owned by Harold and Elaine Olson. Proposed Project The proposed project uivolves the removal of the existing structures and combining all three parcels into one platted parcel with the subsequent construction of 18 owner occupied townhomes. The townhomes will be 2 bedroom, 3 bedroom and possibly 4 bedroom with the finish of the lower level walkout. Each unit will have an attached double-car garage. The townhomes will range in size from 1250 - 1800 square feet. The design will be pleasing to the surrounding neighborhood. The project is proposed to be rider construction in mid-July. Thirty-Six South Ninth Street Minneapolis, Minnesota 55402 (612) 288-0985 Fax (612) 288-0953 04/20/1995 10: 27 6122880953 AP.In P/0'SHALralt4ESSY PA13E 02 s Request for Tax Increment Assistance ARNOLD Development is requesting that the City pro.%ide assistance to the project in the amount of 5240,000. The assistance would be required up front to defray the high land cost associated «pith this type of development. Due to the City pro�'idin~g this assistance, I �0 d able to demolition 3 existing dwelling units that currently ba� to msse se value Of$300,00 00,000. replace it v.-ith a 18 unit owner/occupied townhouse de:e P 1 approximately 545,000. The additional tax generated from this new development to the City • pp Y Enclosed please find a deposit in the amount of$5,000.00 f or the TIF analysis. 1 am anxious to begin this project and add value to the.neigh�b rkebto a I need of this type be consistent with the City's plan of providing housing to a very of product. Since , 'e J. Gregory S esident CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: Resolution Approving Execution and Delivery of Redevelopment Agreement with Nedegaard Construction Company, Inc. 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of .1995. Michael Mornson, Executive Director H.R.A. RESOLUTION 1995-008 RESOLUTION APPROVING EXECUTION AND DELIVERY OF REDEVELOPMENT AGREEMENT WITH NEDEGAARD CONSTRUCTION COMPANY, INC. BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") as follows: 1. It has been proposed that the HRA enter into a Redevelopment Agreement (the "Redevelopment Agreement") with Nedegaard Construction Company, Inc. (the "Developer"), pursuant to which the HRA will provide funds in the amount of up to $150,000 to pay certain public redevelopment costs in connection with a project to be undertaken by the Developer in the City of St. Anthony or to reimburse the Developer for the payment of the costs. 2. The execution and delivery by the HRA of the Redevelopment Agreement is hereby approved, and the Chairperson and Secretary of the HRA are hereby authorized to execute and deliver the Redevelopment Agreement in substantially the form presented to this Board with such additions thereto or deletions therefrom as shall be approved by the Chairperson and Secretary of the HRA, such approval to be conclusively presumed by the execution and delivery of the Redevelopment Agreement by the HRA. The financial assistance to be provided by the HRA pursuant to the Redevelopment Agreement shall be paid from tax increment revenue of the HRA legally available therefor. Dated: June 27, 1995. Chairman Attest: Secretary t: �l NEDEGAAQD CUSTOM "HOMES t814 NORTHDALE BLVD. COON RAPIDS,MN 55448 (612)757-2926 FAX 757-0639 April 18, 1995 Mayor Clarence Ranallo City Council City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55421 Re: Village Commons Dear Honorable Mayor and City Council Members: I am writing as a follow up of my letter to you February 28,, 1995 regarding the above matter. As you will recall, we are seeking tax increment assistance in the above project so as to be able to construct twelve twinhomes. on the subject property. I wish to confirm that we have reduced our request for assistance. for soil correction work to the sum of $150,000 from our original request of $252,000. I hasten to add that this is not due to the fact that the costs of making these corrections ' has lessened, but has merely a recognition of the fact that there is not sufficient increment in order to fund , all of the appropriate work. Our proposal is for the City to now provide Nedegaard Construction Co . , Inc . , with soil correction assistance in the amount of $150,000. This assistance would be paid to Nedegaard Construction at ' which time that the soil correction work has been completed and we have delivered to you invoices evidencing this level of correction work. It is my understanding that the City is in agreement with this proposal. Accordingly, I would appreciate it if you would have your city attorneys prepare the necessary documents so that we could move forward. We have appreciated the cooperation of the city staff in this matter and we are convinced that when completed, Village Commons will be a betterment to the community. Sincerely yours, Bruce A. Nedega d President BAN/ja A DIVISION OF NEDEGAARD CONSTRUCTION COMPANY; INC. F