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HomeMy WebLinkAboutCC PACKET 04261983 Meeting Sheet_ IIIIII VIII VIII VIII VIII VIII IIII IIII iooasi Box: 16 Folder: CC PACKETS 1981-1984 & 1987 Document: CC PACKET 04261983 CITY OF ST. ANTHONY COUNCIL AGENDA May 24 , 1983 7 : 3@ P.M. Call to Order, Pledge of Allegiance. 61-- RR®11 Ca l l.- (446-� i Approval of May 1® , 1993 Council Minutes . ✓ a 4 0� Licenses/Permits/Petiti®n Presentation of Claims . mrsey & Whitney $4 ,486 . 73., ergers®n-Caswell, Inc. - $1,934 .00 . � - -� Reports . Planning Commission Meeting - May 17, 1983.— Council Reports . Mayor Sundland- L-A!' Councilman Marks Councilman Enroeth Councilman Ranalle.- yam~" / Councilman Letourneau' departments/Committees . a. Seven County Metro Joint Purchasing Consortium Minutes May 10 , 1963. City Manager. Staff Meeting Notes - May 17, 1983. Minnesota Waste Management Bard, Report ®f the Hearing Examiner an Proposed Hazardous Waste Site . Jobs Bill Funding - Information and Recommendation/ Sanitary Sewer Problems - Edward Street (36th to 37th) . Report an MPCA Public Hearings , re : Water Contamination. Public Hearings Aiuft-z- New Business . Grant Application outh S rvice I Bureau (Tom McMullen will e present) . 1 ?Y4 elling Place - Change for City Election.-&..c Resolution 83-026, re : Certificates of In a tedness . 61 6 44 Unfinished Business . Adjournment. _ 2r� BOZ ]P.D OF REVIEW 7 : 00 P.P1. — � iI• T •�• IrT1IEDIATELY FOLL0T7I=4 REGULAR COUIXIL I4-EETI4G. CITY OF ST. ANTHONY COUNCIL AGENDA May 24 , 1983 7 : 30 P .M. A. Call to Order, Pledge of Allegiance . B. Roll Call . C. Approval of May 10 , 1983 Council Minutes . D. Licenses/Permits/Petitions. E. Presentation of Claims . 1. Dorsey & Whitney - $4 , 486 . 73 . 2 . Bergerson-Caswell, Inc. - $1 ,934 . 00 . F. Reports . 1. Planning Commission Meeting - May 17, 1983. 2 . Council Reports . a. Mayor Sundland d. Councilman Marks b . Councilman Enrooth e. Councilman Ranallo C . Councilman Letourneau 3 . Departments/Committees . a . Seven County Metro Joint Purchasing Consortium Minutes May 10 , 1983 . 4 . City Manager. a. Staff Meeting Notes - May 17 , 1983 . b . Minnesota Waste Management Board, Report of the Hearing Examiner on Proposed Hazardous Waste Site . C. Jobs Bill Funding - Information and Recommendation. d. Sanitary Sewer Problems - Edward Street (36th to 37th) . e. Report on MPCA Public Hearings , re : Water Contamination. G. Public Hearings . H. New Business . 1 . Grant Application - Youth Service Bureau (Tom McMullen will be present) . 2 . Polling Place - Change for City Election. 3 . Resolution 83-028 , re : Certificates of Indebtedness . • I . Unfinished Business . J. Adjournment. CITY OF ST. ANTHONY BOARD OF REVIEW May 10 , .19-83 The Board of Review-was called to order by Mayor Sundland at 6 : 30 P.M. Present for roll call: Marks , Ranallo, Sundland and Letourneau. Enrooth arrived at 6 : 35 P.M. Also present: David Childs , City Manager; Richard Becken , Hennepin County Assessors Office; and Carol Johnson, Finance Director. The Mayor outlined the procedure which would be followed and ruled that the practice of not requesting a reevaluation where differences would be less than $500 would be followed again- this year. Mr. Becken told approximately two dozen residents who were present that the 1983 estimated market value shown in the notices they had received within -the last few -weeks would be the only issue before the Board that evening. Mr . and Mrs. V.F. Scott indicated they were present to "find out what's go- ing to- happen down the road" since the valuation of their property at 2520 Pahl Avenue N.E. , had been raised in 1982 from $79 ,000 to $131 ,000 and to $123, 000 in 1983. Mr. Scott said he considers his home to be "overvalued" now. ' Mr. Becken told him the" 1-9-82 raise had probably resulted from onsite appraisal done by the County on all homes in the northeast quadrant of the City that year and the 1983 valuation had been established by computer for his home along with 750 of the remaining City homes which were not given onsite appraisals . The County spokesman told Mr. Scott there had been very little growth in valuations for single family residences in the past year and, since the valuations are based on the real estate market, those valuations should stay close to where they are as long as the market stabilizes . He then advised the City resident that he could ask for a reappraisal of his 1983 valua- tion if he believes his home is overvalued and could file for an abate- ment of his 1982 valuation. When Mr. Scott indicated he would rather research the valuations which had been set in his neighborhood before risking another rise in valuation with another appraisal , Mr. Becken told him once the appraisal is made, it is considered the "bottom line" and values are not customarily raised with a reevaluation. The Scotts requested no further action be taken. Michael Spielmann reported he had purchased the home at 2813 Silver Lake Road, April 30th for $10 , 000 less than it had been evaluated for 1983 , which did not seem equitable to him. He said the County appraiser who he had requested to make a reappraisal of his home, had refused to lower the valuation. Mr. Becken said he would recommend the Board exercise--its right - to- direct -that -valuation be reduced to, the amount . for which the property was sold, since the 1983 valuation should - �( certainly reflect that price. -2- Motion by Councilman Marks and .seconded by Councilman Enrooth to direct the Hennepin County Assessors, to reduce the valuation of the . Michael J. Spielmann property at 2813 Silver Lake Road back to the purchase price paid for the property April 30 , 1983. Motion carried unanimously . Margaret Suhr,_ 3224 Chelmsford Road, indicated she was present to get a better understanding of how valuations are set and to determine _ whether the raise she has received is out of line . The Mayor told her a majority of the homes in St. Anthony received a- 10 . 9% raise in 1982 which was based largely on the real estate sales made in the City the previous year. Several examples of such. sales , which would appear to justify a raise in , valuation, were cited from the booklet which had been provided the Council members for reference . Mrs . . Suhr ' s attention was drawn to Mr. Childs ' memorandum showing the valuation and taxes for a $79, 000 home in St. Anthony, which illustrated just what portion of the taxes were attributable to the City , School District, County, and Metro District. No further action was requested by the property owner. Roy Perzel, 2521 - 27th Avenue N.E. , -equested a reappraisal of his property saying his taxes had increas :d almost 100 percent and the only improvements he had made was a porch, which had no footings . Mr. Becken agreed that . it did not appear that such a porch could be considered to add to the square footage of the home . Motion by Councilman Marks and seconded by Councilman Enrooth to request that the property at 2521 - 27th Avenue N.E. be reappraised by Hennepin County . Motion carried unanimously. William Tabaika, 2512 - 27th Avenue N.E . , indicated he was present to try to find out why his property taxes had gone from $49.6 in 1982 to $960 in 1983 . and his- valuation from 059 ,000 to $71 ,000 . The Mayor said he could sympathize with him since he had experienced a similar increase in taxes himself . When he asked whether Mr. Tabaika was requesting a reappraisal of his property , the homeowner replied "Let it ride. " William R. Dougherty, 3101 Armour Terrace, reminded the Board that his 1982 valuation had been reduced following an onsite appriasal last year but said it had gone right back up this year. Mr. Becken indicated the reduction would not have been automatic in 1983. Motion by Councilman Marks and seconded by Councilman Enrooth to request the County to reevaluate the property at 3101 Armour Terrace , as requested by the owner. Motion carried unanimously . Nancy and George' Soldatow were present to protest what they perceive to be an 'unfair valuation of $106 , 000 for their property at 3217 - 32ndo Avenue N.E. Ms . Soldatow reported they had bought the property for $20.,000 less�lt�han its valuation 1979 and abatement reduced the valuation to a level thy.,..'`;; >>lieve still to be too high for property for which they -3- 11could never get more than $100 , 000 Because the Soldatows had their • property reappraised within the last two weeks , and were still unhappy with. the ruling, Mr. Becken told them he. would record their protest and advised them to set up an .appearance before the County Board of Equalization, which meets in July. Councilman . Enrooth advised them to bring any documents which supports their position, including the real estate appraisal the couple -had made., to the hearing. George Kaczor, 3404 - 32nd Avenue N.E. , had brought with him several newspaper articles which led him to believe the valuation of his home had- been raised disportionately as compared -to homes in such communities as Edina who were ranked for higher taxes (or valuation) than St. Anthony. He also wanted to know why there is such a rapid rise for homes with higher valuation. Mr. Childs said some of the data in the papers was erroneous . For example , rather than a $1 ,000 raise for a St. Anthony home worth $90 , 000 , it would have been more accurate to say an $80, 000 home would have received a $1, 100 raise. He also told Mr. Kaczor the first $60,000 valuation receives $650 in Homestead Credit, and anything above that is taxed at a flat rate . When Mr . Kaczor said his wife owns property in Minneapolis for which the valu- ation is comparatively lower, the Mayor told him it is commonly perceived that St. Anthony property is worth more to a potential buyer than the same property in Minneapolis . Mr. Becken .agreed that the valuations are affected by neighboring properties . Mr. Kaczor said he would prefer getting a list of properties from the County with which he could compare valuations to, requesting a reappraisal at this time. • Jack Weinstock , 3209 - 31st Avenue N.E. , told the Board he has had his home up for sale and listed with a real estate firm for two summers and has never received an. offer to match the market value placed on it by the County . He reported he has filed for an abatement for 1982 and wanted an evaluation made for 1983 , since he assumed from the conversa- tion that evening, that his 1983 valuation would not be automatically lowered even if the 1982 abatement were granted. Motion by Councilman Marks and and seconded by Councilman Letourneau to request Hennepin County to reevaluate the property at 3209 - 31st Avenue N.E. for 1983 as requested by the owner . Motion carried unanimously. Ivar Slettemoen, 3027 - 31st Avenue N.E. , reported he has had his property reappraised twice and his valuation dropped because the County had the wrong square footage for the property from the time it was built. He thought he should have gotten a refund in taxes for all fourteen years in which the home had been incorrectly valued. Mr. Becken told him, "the property can only be abated for the current year plus two" . He also advised Mr. Slettemoen that .at the same time he could question the basis upon which the appraiser had ruled that a laundry tub could be combined with a stool in another room to form a half bath. Mr. Slettemoen inferred that he believed the only way he • could reduce his property taxes was to vote the persons out of office who had been. responsible for them. The Mayor told hin to refer to Mr. Childs ' tabulations to see which government bodies were the most responsible for the raise in taxes . -4- James Higgins , 3221 - 31st Avenue N.E. , said he had his home reap- praised several months -ago with no reduction of a property valuation • raise from . $56 , 000 to $82 ,000 or the resulting 156% raise in taxes payable in- 1983 . His 1983 valuation went down $40 . Mr. Higgins- said his home is 23 years old and has its original roof and furnace and only half a basement and he does not think the raise was equitable after checking the valuations of the homes around him. He was advised to file an abatement for 1982 . The Board of Review was recessed at 7 :50 P.M. for a meeting of the St. Anthony Housing and Redevelopment Authority . When the Board was reconvened at 8 : 20 P.M. , Mike ' Fitzgerald indicated he was present to discuss the 9 . 3% raise in the 1982 valuation -and corresponding 39% raise in taxes he had received for his property at 2904 West Armour Terrace, which the retired resident indicated had influenced his decision to move to Florida. . It was his contention that taxes in Minnesota were driving many retirees away from the state . The_ Mayor told him of the dilemma he perceives the City is in trying to maintain the same level of service to its residents at the same time less and less of the taxes which St. Anthony residents pay into the state are returned to the City . The City Council has made con- tingency plans for absorbing a reasonable cut in state aid without reducing the level of Police , Fire and Public Works service to the community but would have few alternatives left if some of the legisla- tion being considered right now is passed. Mr. Fitzgerald asked for no reappraisal of his property. • Marie and Richard Winning, 2811 - 33rd Avenue N.E . had registered to speak to the Board regarding their market -value but had not returned after the recess . Motion by Councilman Marks and seconded by Councilman Ranallo to adjourn the Board of Review to be reconvened at 7 :00 P .M. , May 24 , 1983 just prior to the regularly scheduled Council meeting that even- ing. Motion carried unanimously . Respectfully submitted, Helen Crowe , Secretary Mayor ATTEST: City Clerk • CITY OF ST. ANTHONY COUNCIL MINUTES May 10 , 1983 Mayor Sundland opened, the meeting at 8 : 40 P.M. with the Pledge of Allegiance. Present for roll call.: . Marks, Ranallo, Sundland, Leto.urneau and . Enrooth. Also present : David -Childs , City Manager; William Soth, City Attorney; and Carol Johnson, Finance Director. During the interim between the H.R.A. meeting and the last portion of the Board of Review, Elaine Sandell, President of the St. Anthony Legion Auxilliary, accompanied by Doris St. Cyr, informed the Council that her organization -would be holding its annual observance of Poppy Days in the City, May 20th. The Auxilliary head reported the types of programs which these funds had supported the previous year and she presented the Mayor with a poster announcing the poppy sale, with the presentation photographed by the Bulletin Reporter. Motion by Councilman Ranallo and seconded by Councilman Marks to approve as submitted the minutes of the Council meeting held April 26 , 1983. • Motion carried unanimously.. Motion' by Councilman Enrooth and seconded by Councilman Letourneau -to grant an amusement device license for one video game to Snyder Bros . and a vending license to Apache Plaza for the uses documented in their application included in the May 10 , 1983 Council agenda . Motion carried unanimously. Motion by Councilman Ranallo and seconded by Mayor Sundland to approve payment of all verified claims listed for April 30 and May 10 in the May 10 , 1983 Council agenda. Motion carried unanimously . Motion by Councilman Marks and seconded by Councilman Ranallo to ap- prove payment of $1 , 840 as unemployment compensation for a laid-off staff member. Motion carried unanimously. Replies from Congressman- Sikorski regarding water contamination and Representative Rose to'-,the-City ' s letter opposing H.F . 474 were. distributed to ,.the Council ..members . Councilman .Marks Teported.he had made a- personal inspection of the painting of the City water tower and agreed close supervision. of -the .job by the- Public Works Department was .' essential . J . -2- The Manager noted the liquor sales are slowly coming back. The April liquor operation sales summary and Fire Department report were then • ordered filed as informational . In her May 8th letters to the Public. Works Director, Marquerite Jolly , Civic Beautification -Chairman for the St. Anthony Gardenettes , had reported the planting projects her group would be undertaking this spring and their choice of "Trillium Park" for the area they have planted and maintain at •the intersection of St. -Anthony Boulevard and Highway 88. Motion by Councilman Enrooth and seconded by Councilman Ranallo to authorize the name- "Trillium Park" be added to the existing sign in the mini-park area near St. Anthony Boulevard and Highway 88 . Motion carried unanimously . . Councilman Marks indicated his recent conversation with a Group W regarding the City ' s concerns about- the types of cable service that firm would be providing might prove beneficial to the City and he would like to be present when Al Kaeding gives the Council update on that service. The City ' s representative to the North Suburban Cable Communications Commission' s appearance before the Council will be delayed until June. Mr. Childs reported meeting with representatives of the Minnesota Pollution Control agency who had confirmed that St. Anthony would be included with other communities who would receive funding from the • Superfund to deal with the potential contamination of their water supplies . The MPCA would be doing a 30 day study of the City ' s water and Mr. Childs indicated no further action on the part of the City should be necessary until that study is completed. There have been no responses from either Minneapolis or St. Paul to his inquiries about purchasing water for the City , he added. The Manager informed the Council that he would be attending the Minne- sota City Managers ' Association meetings May 11 , 12 , and 13 . He had researched some of the references in the March Police Report and told Councilman Marks the. reference to "other misdemeanors" covered any offense not related to moving vehicles . Mr. Childs replied to Council- man Enrooth ' s inquiry whether the City could not have found a new Police Secretary from the City by telling him the person hired had been selected from 28 candidates for the job , primarily , because of her three years ' experience with the Minnetonka Police Department where her duties had been almost the same as those she would have in St. Anthony . She came with excellent recommendations , the Manager said, and lives in the area. The rest of the May 3rd staff meeting notes were then ordered filed as informational . Carol Johnson had submitted with her April 26th memorandum the results . of her survey of license ,fees charged by neighboring communities and the changes in fees which she.•-perceives would- bring. the City more in dine with -other .-municipalities:- and would generate a level•: .of revenue which more .-closely reflects the -administration- costs- Councilman Mark noted she had not recommended the fee for a wine license be raised 3- above the amount the City now charges . He said he had seen several fees posted in other municipalities which were $1 ,500 or more. The Mayor pointed out that there is only one such license issued in the City at this time and costs of administering the-.license for that restaurant would probably not justify a raise at this time. Her survey indicated all five communities which were surveyed licensed general contractors for carpenter work, and Carol indicated- she , could see no justification for making. .a distinction between that type. of service and that provided by .electricians , plumbers , and air conditioning contractors who are obliged to take out a permit before working in the City-. Fees charged in other cities range from; $25 to $40 , and the Finance Director .had recommended the City charge a $30 fee. The Manager commented that, "this way, at least we 'd have an address and proof of insurance for each company who comes into the City to service our residents" . Motion by Councilman Ranallo and seconded by Councilman Enrooth to direct the City Manager to prepare an ordinance for Council considera- tion which would establish a new fee schedule as recommended by -the Finance Director for licenses to be granted in March, 1984 , including a $30 fee and accompanying ordinance for general contracting, work within the City. Motion carried unanimously. Motion by Councilman Marks and seconded by Councilman Ranallo to • adopt Resolution 83-025 . RESOLUTION 83-025 A RESOLUTION APPROVING YEAR IX USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Motion carried unanimously. In his Play 5th memorandum, Mr. Hamer had recommended the low bid of $4 , 628 for a dump body and hoist for the truck authorized by the Council April 26th , be -accepted from MacQueen Equipment; Inc . Mr. Childs noted that under the joint purchase agreement with Hennepin County , the City had be able to purchase a fully equipped truck for just over $19 , 000 , which is $11 , 000 under budget. Motion by Councilman Marks and seconded by Councilman Letourneau to adopt Resolution 83-026 . RESOLUTION 83-026 A RESOLUTION ACCEPTING THE BID FROM MACQUEEN EQUIPMENT , INC. FOR A TRUCK -DUMP BODY AND HOIST Motion carried unanimously . In his memorandum•-of .May-. 6th., the Manager had .,recommended adoption of • the resolution which would approve the contract-negotiated with the Police Department. Councilman .Marks indicated two officers who had -4- been classified as sergeants had not been promoted to captains and he • requested the Manager to report back why they had not even applied for the new position. Motion by -Councilman Ranallo and . seconded by Mayor Sundland to adopt Resolution 83-027. RESOLUTION 83-027 A RESOLUTION RATIFYING THE 1983 AGREEMENT BETWEEN THE CITY AND AFSCME LOCAL 57 , REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Motion carried unanimously. Motion by Councilman Enrooth and seconded by Councilman Letourneau to adjourn the meeting at 9 : 05 P.M. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary • Mayor ATTEST: City Clerk I III 0. CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION ------------------------------------------------------------------------ • Date Submitted Type of Action Requested Agenda Item Number Resolution Licenses/Permits May 19, 1933 Ordinance Date Action Requested X Formal Action/Motion Title Licenses and Per- Other Permits for Council May 24, 1983 Approval -May 24 , 1983 �. ------------------------------------------------------------------------ TO: Mayor and -Councilmen FROM: Lila Johnson, License/Billing Clerk -------------------------------------------------------------------- SUMMARY DISCUSSION OF SUBJECT: Following are licenses and permits for your approval : Amusement Devices Permit to Serve 3.2 Beer in Central Park Apache Plaza Ltd. (25) Pat Fagerlee (Family Picnic) ( informational ,. for next year) Cigarette • Apache,Plaza (2 machines) - Country Club Mr. Hobo ( l machine) FISCAL IMPACT: ALTERNATIVES : RECOMMENDATION : C1 TY .MANAGER'•S REVIEW: COMMENTS : _lc e. c 2 Cam- C(� cis - L� iic�nses �vrd d�.sirc5 �a Cu3t�J • btate of Ainne!6ota, AMUSEMENT DEVICES $25. 00 per device HENNEPIN ...... to 37` 3 4 YCl 8< • TO THE . . .. CITY COUNCIL . .........................OF TJ1E...........................CITY.....................I........................................ OF. ..ST. ANTHONY .. . .......... .... .. .............. ..........I.................IX S.111) COU.VTY .43*1) ST.ITE: The imdersid►icil hereby etliplics for a license to carry on, the business of.............................................................. AMUSEMENT DEVICES ............... .... .. ........ .. ......... .11........ ........I......... i►t the CITY 1. 'If ST—ANTHON-Y... ............................in said county and stale for the term of ONE YEAR from the (fitte hereof, subject to the laws of.41innesota and the ere ()r4i►m► ,s of xtiid CITY .... .. ...... ......... and hrreu-ith, teuders ...... ............ . .as the license ... ...... ... ff-t• therefore ..................... ....... ...... . .................. .......... .......... ............ ........I................... . LIST MACHINES LICENSES: COMPANY NAME ... ...................I ....... ...................... ................................ . ... ..... ......... ..............................I............................................... ..... ......... ADDRESS -?eO . .. ........... ............... ........... .. . ........ ............11.. ....... ......................... e.-i e-49 I ........PHONE --I e-e, ► ......... .... ........ ................................................I........... .......... .... ... . . ...... OFFICERS SIGNATURE : .. ................. ... ...........................................................I......... ..........I.... .... 009z ... .......... • ........ ...... ......... . . . . . ............ ... ..... .......I . .......... ........I...................................................... . .. ........ ................... .. ...... ....... ....... -.1.................. O ... ................I........................ ............................-.1....................q.......................... .. . ....... P-7- ... .... Y3 . ...... .... .. ..................I .................................................... ........ Form 27+I- Applirerion I..r Li,--i np LO.� 11 UgQMLWO BL le.•;:{II,(Chap,Cr 332,Luw.. of 1951 1 Mil6r-Davie Co..AH ummPoliu _..,.._............... ...... .. Of..........'..... .....................• 6tate of �innegota, CITY ST ANTHONY" County of..........HENNEPIN/RAMSEY ..4pplication No. ..................- - ................ Application for License to Sell Cigarettes at Retail The undersi-oned eesident...... of the ....... .. .. ...... ........CITY...................of. .....S.T...ANTHONY .. . r HENNEPIN/RAMSEY in the County of .... State of Minnesota, HEREBY .11.4KE .. APPLIC.>t- TIOX POR LICEA'SE to be issued to.. ... . ... ....... ...... ................................. .................... .............. 'to sr/1 ei_�arcttes and cifarette pupers and scrappers at retail at. ..... � . . ..........I............... . ................... in the CITY . .. of ST. ANTHONY -- ...in said county and state for the te)-m of ONE YEAR ........ .... , beginning with the............. . .......day of ...........March . , 13. .83. subject to the lases of the State of Ainnesota and the ordinances and regulations of said . IT:� f.......:.ST... .ANTHONY-- .. •• C��ein� thrret� her •it.il deposit ...... ....I.............:.......o in payment of the fee therefor. �' G yy .s�C Dated ...... . ....-. ...lv — .... .., 1 ..3. /\..... ................................... ................... ............................................... %'$12.;0 on Machine Sales 512. 00 Machine Sale, unless licensee ha -non-maeh-ine-- cense in_ lii case fee is $8 . 00 ma ine. 3/15 83-thru 3/15/84 0 D ,nll' 1Q .: v G 1� I ..... CITY ...._Of....PT.�.....ANT.H.QNX.......................... btate of lHinne0ta, .............................. County of.........RENNEPIN/RAMSEY............. .4ppZication No.................................,............... Application for License to-Sell Cigarettes at Retail. The under-signed resident...... of the......51.g,410, ...C.I.T.y.................­of........S.T......AN-THONY........................ - HENNEPIN/RAMSEY .4KE- v4PPLIC-4- in the county-of.. . ...... . ................ ............................... State of Minnesota, HEREBY Jf T10-11 FOR LICENSE to be issued to...............................MR.....HOB.O....RESTAURANT............................................................... to sell cigarettes and-cigarette papers and wrappers at retail at................2945- KenzIe. Terrace.. .-•.... ..............I.................................................. ...................................................................­................ ............................................ .............:.................................. S ...ANTHONY .......................in said county and state for the term of in the......... ......CITY........ .. ...........of... T. --- ..... ONE YEAR beginning with the ..........l5 March ..................................... ... ...........day of........................................I............ ........ 19., 8.3, subject to the laws of the State of Minnesota and the ordinances and regulations of said .................CiTy...........................of...........S.T......ANTHONy................................pertainind thereto, and herewith deposit of the fee therefor. ...... ..........11............In payment Dated............ ................. ........ ........ 19. . ..............MR.......H.O.B.0........... .......................... • ........... A/. $12. 00 Non Machine Sales OWNERS SIGNATURE : $12 . 00 Machine Sale , unless ..................................................................... licensee has ton machine license in which case fee is $8 . 00 machine. 3/15/83 thru 3/15/84 ......... -------- a 0 D (% r1 R7. CITY OF ST. -ANTHONY DEPARTMENT OF LICENSING/PERMITS The following* is application for use of liquors, including non-toxicating malt liquor (3. 2 Beer) in City parks. FULL NAME OF APPL II CAN ADDRESS 7 O / AGE o certify -that 1 am a resident- of -St. Anthony/or work in City of St. Anthony. I am responsible for conduct of his/her group. Signature of applicant NAME OF G R OU $50.00 r^ NO. Cleanup Deposi PARK LOCATION ��c-� Received by; FD S M. OR PATRICIA A. FAGERLEE 9970 -264-139-603-425 F-264-676-067-853 407 CROFT ST., NE. PH. 781-3075 MINNEAPOLIS. MN 55418 9� 17-60/910 ORDER — — � -------- --J $ O L L A R S ®®A a Norwest Bank Central, N.A, MGM ORWE�ANKS 2329 Central Avenue N.E ju Monneapcas. MN 55478 ®o a®® MEMO -- - ''- -o,,' � C A u E 100910006081: aI, 7811784 21" 9970 - YNILJEPIGNUEN SCHUCIL DISTRICT NO. 282 , ` Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 a Phone: 781-5021 Facilities Reservation Form Permit No. Name Home Phone - '5507-57 Bus. Phone-k.-' Address',34 G' f - '' >' Date ._ Name of Group or Organization Intended Use Date(s) wanted < `f r Day(s) Su M .T W Th FI .. (circle) Building: High School Auditorium Park View Community Center Cafeteria Wilshirepark le S o I _ Classroom(s) # Other '2 g' Gymnasium (If High School, circle one: OLD NEW ) Kitchen Other Doors to open am pm Expected.attendance: Activity begins 00 am pm Admission: Free Charge Activity ends am prn Will merchandise be sold? 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 for giving 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 person) -Bill to: (name) (address) --------=---------------------------------------FOR OFFICE USE ONLY------------------------------------------------ Class Ins Approved by Date Charges: Rental /21 Custodial Cooks Other charges: Note: WHITE—Community Services Office Copy CANARY—Business Office Copy PINK—Custodians Copy GOLD—Applicant's Copy Mr. David M. Childs City Manager City of St. Anthony May 10 19 83 3301 Silver Lake Road Minneapolis, Minnesota 55418 IN ACCOUNT WITH DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (INTERNAL REVENUE ACCOUNT NO. 41-02233371 IN RE: City of St. Anthony (A separate Disbursement Statement is or will be rendered for our disbursements, if any, for your account.) To legal services rendered from March 1 , 1983 Amount through March 31, 1983 Prosecutions $1,500 .00 Kenzie Terrace Redevelopment Project 2 ,145 . 00 General Review of agenda matters and general preparation for meetings, including necessary research and review of documents, correspondence and telephone calls and including advice to manager and staff with respect to former City Engineer' s records, manufactured housing and dram shop insurance 616 .25 Total Fees $4 , 261 .25 Plus disbursements per attached statement $ 225 .48 Total Fees & Disbursements $4 ,486,. 73 WRS : jj Payment due within 10 days of receipt of statement. Disbursements made for your account, for which bills have not yet been received will appear on a later statement. INVOICE • ir 5115 INDUSTRIAL STREET MAPLE PLAIN, MINNESOTA 55359 (612) 479-3121 WELLS—PUMPS IVtunicipaI—Ind ustrial—Domestic SOLD TO Any Size—Any Depth City of St. Anthony 3301 Silver Lake Rd. Minneapolis, MN. 55418 INVOICE NO. G50514 Att: Mr. Larry Hamer DATE 4/28/83 TERMS NET 10 DAYS 1% PER MONTH ADDED TO ALL PAST DUE ACCOUNT YOUR ORDER NO. Repair and reinstallation of #3 well pump. Minimal repairs made to place pump back in service for limited period (Approx. one (1) year) . -As per letter and quote dated April 5, 1983. Reinstall $ 900.00 Labor 7 hours @ $25.00 175.00 Material 859.00 1,934.00 r _1A a 1, r y gym... µ G v JA • CITY OF ST. ANTHONY • PLANNING COMMISSION MINUTES May 17, 1983 The meeting was called to order by Chair Makowske at 8 :00 P.M. 1 Present -for 'roll call: Zawislak•, Jones, Makowske , Bjorklund,--Wagner and Franzese . Absent: Bowerman. Also present : -David Childs, City Manager.. Typographical errors in the March 15th minutes were corrected as follows : Page 4 , para. .-5.: - Substitute "play" for "plan Page 5 , para. 4 : Substitute "ratio" for "ration" . Motion. by- Commissioner Bjorklund and seconded -by Commissioner Franzese to approve as corrected the minutes of the- .Planning Commission meeting held March 15 , 1983. Motion carried unanimously. Commissioner Wagner agreed, to present the minutes of the meeting to the Council - at .their May_ 24_th__mee.ting...__...._,_... . . . .-.._ ._ Mr.—Childs indicated he anticipated the Redevelopers Contract for the Kenzie Terrace Redevelopment-Project- .would be- signed during the H.R.A. meeting scheduled that same evening and that the plans for the Planned Unit Development -for -Phase' l would be completed- so. they could be pre- - sented for consideration at a public hearing before the Commission early in June. Motion by Commissi•one r, Bjorklund and seconded by Chair Makowske to request the City Manager to reschedule the public hearing which had been postponed for May � 17th whenever- the. plans for Phase l of the Kenzie 'Terrace Redevelopment: Pro,ject are- completed- and the Redevelopers Contract is signed. Motion carried .unanimo.usly . .. Commissioner Bjorklund had prepared a listing::of "Parlimentary Pro- cedures at a Glance" •which had .been distributed for ready reference by the Commission members.. The Chair .acknowledged - the invaluable guidance in this area which .had been provided by the Commissioner over the years he has ser.ved. on the Commission. At 8 : 08 P-.M. , she opened the public hearing on the requested variance r to- the City Sign Ordinance which would permit additional signage for B. J'. Antiques , 2;530 Harding Street N.E. ,- than what is already allowed t • in the ordinance , by- reading the notice - of the hearing which had been mailed to all property -owners within 350 feet of the antiques shop .and t -2- published May 5th, in the Bulletin. No one present reported failure to receive the notice or objected to its content. . In the absence of the applicant, Russell Underhill, 2518 Hayes Street N.E. , the Manager explained that Mr. Underhill was .requesting he be permitted to attach an eight foot -wide, two foot long sign to the existing "For Lease", sign at the Kenzie Terrace entrance to the St. Anthony- Village Shopping Center, which Max Saliterman, the sign owner had agreed to in writing. The Manager said the antique shop proprietor had told him he believes his customers are having difficulty . locating him in the .center without that signage. Mr. Childs.-reported that Mr. Underhill -has been .advised that. the. staff . would be recommending denial of his request for the reasons addressed in the May 13th memorandum from the Public [corks Director and it would, therefore , be to the advantage of the applicant to present his request in person. No one appeared to speak for or against the variance and the hearing was closed at 8: 15 P.M. for a determination by the Commission. Motion by Commissioner Zawislak and seconded by Commissioner Bjorklund to recommend the Council deny the request from Russell Underhill, for a variance to the Sign Ordinance which would permit the antique shop proprietor to attach an 8 '. .X 2 ' sign to the existing non-conforming sign at the entrance to St. Anthony Village Shopping Center finding that: (1) The new Sign Ordinance permits the identification of each tenant in the shopping center with signage on the building itself and pro- hibits ' a general listing of tenants on the signage for the center , which might well be the precedent set if the request were approved. . (2) None of the conditions' set for granting any variance to the sign- ordinance appear to have been addressed in the application-, specifi- cally, that (:a) there would appear to be no particular hardship for this business than would be experienced by other commercial busi- nesses in the same center if the strict letter of . the regulations are adhered to, and (b) the condition- upon which the application was -based could not be considered to be unique to this parcel and not applicable, generally, to other stores - in the same center . (3) The failure of the applicant to be present for the consideration of his request precluded any.-other recommendation, based on the information which had been submitted. (4) The manner in which the sign to which the requested signage would be attached has been maintained would seem .to justify not adding to it. Motion carried unanimously . Mr. Childs reported -the- Burger Chef franchise had been so.ld .to the_.. parent company of. Hardees and the former Burger.-Chef. franchisees , .. .: Mr. and Mrs. Ken- Johnson intend to continue to run the. restaurant • at 4004 Silver Lake Road as. a Hardees restaurant. They are therefore -3- required to replace the Burger Chef .identification with that of the new • .franchise which would necessitate removing the chef 's hat in the sign, thereby shortening the sign by two feet. The Manager said he had brought the matter to the Commission to see if they concurred that the change could be interpreted to be only a copy change and would not require anew variance for that non-conforming sign. Mr. and Mrs . Johnson were present and had submitted detailed drawings `J of the word .changes for the sign .which would now be only approximately four and a .half feet tall, not counting the pole on which it is mounted on the roof . Commissioner . Jones indicated he lives close to -the. restaurant and .per- . . . ceives. the Johnsons have been good neighbors because they have kept the property and the grounds up so well. . He believed there should be no variance required because there had been no change in ownership and the only change in the sign itself had been to make it smaller. Motion by Commissioner. Jones and seconded by Commissioner Bjorklund to indicate the Planning Commission -concurs with the City Manager that the change in signage for the new Hardees restaurant at 4004 Silver Lake Road- should be interpreted to be no more than a sign copy change and should not require a new variance to be granted because : (1) Although it .has a new name , the restaurant would have the same owner and franchisee. • (2) -- The business-.would be-.similar.,,to. what it had. been..._._ (3) The new sign would require less square footage than for which the original variance was granted. -(4) The owner and franchisee had no control over the change in signage since it was required by the new parent company. - (5) The lighting of the sign would not be intensified and there would be no "bells or whistles" involved in the change . Motion carried unanimously. Mr . Childs then reported another business , Firestone , which is in the same area had approached him regarding the redesigning of- their existing signage but had returned to the drawing board when he had told them they could not increase the square footage without a variance . When the Chair inquired about the letter of opposition which the Com- mission .had requested be sent regarding. -the legislation which would have set requirements for g.ranting .variances and conditional use permits which would have been difficult to administer, the Manager told her the- legislation was changed, .making the letter unnecessary.. He also reported .his secretary has set up. the system of recording all the, _variances which were -.granted in 1981,�and 1982 as well as all 1983 trans- • acti:ons,: She. wi-1--1_ tackle .--the . j.ob of .recording all the variances . granted prior to- 1981 next, which he said,would be very difficult since no formal system has been followed in the past. -4- Mr. Childs said he hopes to furnish the worksheets and information necessary for the Commission to establish a six year Capital Investmont • Plan for the City, including possibly having speakers who can instruct them on how they should go about setting up the program. He reiterated that he would schedule the P.U.D. hearing as early in June as he can because the developers are anxious to get started during this construction season. When Commissioner Jones asked about the reference in the Council 's April 26th minutes- to questions raised by Craig Morris ' neighbor, Mr. Childs told him Mrs . Behan had been given some erroneous informa- tion by Mr. Morris regarding the ownership of the property on which her townhome was .built. He had advised her that it 'was -her ' property over which the beauty shop proprietor had been driving and if he cut across her sod again she should call the police. Commissioner Zawislak said he would be attending the League of Minnesota Cities meeting in June as a representative of another municipality and he wondered if there would any planning issues which might warrant the attendance of other Commissioners . Mr. Childs will . find out and let them know, he said. He then distributed copies of an April 22nd letter from W. H. Kelly as well as a Certificate of Survey - for Lot 2 , Block 2 , Apache Plaza on which Mr. Kelly had indicated if the lot can be split in half , he has purchasers for one parcel for a chinese restaurant. The Manager • indicated he was only seeking Commission reaction to creating two undersize commercial lots on the vacant land between the Firestone station and Apache Medical Center on Stinson Boulevard. He said the division would leave only 75 foot frontage where 100 is required for comercial development, but Mr. Kelly believes the fact that his pro- perty fronts on two streets should compensate for the non-conformance of the lot size. Commissioner Bjorklund - indicated he believes building such a restaurant within the Apache Complex would be less of a problem because of the parking space which is available but he doubted a restaurant could be squeezed onto less than a 15 , 000 square foot lot and still maintain the required sideyard setbacks . He noted that "another restaurant along Stinson would give it the appearance of a "strip" but was advised the City would have no control over that since restaurants are permitted uses in Commercial Districts . Commissioner Jones saw four entrances on two small lots as too tight and indicated he believed parking would be a real problem. . Commissioner Zawislak commented: that. the. Pizza Hut property is possibly twice . the. size and they still have a problem with parking . Mr.. Childs will *convey :.their concerns to •the persons who want ,to build the restaurant, if' they ',come: in- to see him.- He also indicated he would, contact the Apache' manaagement' to: see what .'could be done about. the --old non-conforming' *Apache: sign .on- the corner of 39th. Avenue and .Stinson Boulevard. -5- When the Chair asked what would happen to all the licenses granted to • Chick' s if it is true that - the business is moving out of the St. Anthony Village Shopping Center, the Manager told her those licenses are non-refundable and non-transferable and any change would have to be made in March. He also told her it must have been an oversight that the Planning Commission had not been notified of the H.R.A.-meeting which had been held May 10th, but there should be no problem with the next meeting because Mr. Wagner would be representing the Commission at the Council meeting the same night and could remain for the H.R.A. meeting as well. The Manager also indicated he believed the Council agenda could be adjusted so there would not be such a long wait before the Commission minutes are considered. Commissioner Franzese reported on the Association of Metropolitan . Municipalities Coalition for Sensible Land Use seminar she had -recently attended. She indicated she had found particularly interesting the sharp contrast in philosophies about zoning evident between municipalities. As an example , the Commissioner cited Roseville where zoning is established ahead of development and Eagan where the Mayor has indi- cated he believes zoning before development tends to restrict creativity . Commissioner Franzese also noted Eagan has set up minimal square footage for housing. Referring back to the new record keeping system for variances and con- ditional use permits , Commissioner Jones said he hopes the costs of setting up the system . and processing variances , including staff time , would be figured into the application fees and not absorbed by the taxpayers . Commission members had been given copies of the new ordinances and the Chair pointed several errors and omissions she had noticed which the Manager indicated would be changed. - Commissioner Franzese said - she had- noticed there had been a number of door to door solicitations . lately and she wondered if they had been cleared by the City . Mr. Childs told her COACT had been authorized to solicit by a letter from the State Attorney ' s office, which takes precedence over the City regulations , but he doubted whether the others had received permission to make door to door sales . He advised the Commissioners to call the police if there is any doubt about persons who come to their doors . Motion by Commissioner Jones and seconded by Commissioner Franzese to : adjourn the meeting. at 9 : 10 P.M. Motion carried unanimously. Respectfully -submitted, Helen Crowe , Secretary MEMORANDUM DATE: May 13, 1983 TO: Planning Commission Members FROM: Larry Hamer, Public Works Director SUBJECT: Sign Variance - 2530 Harding Street N.E. ------------------------------------------------------------------- Mr. Russell- Underhill has requested a variance to attach a sign which would more clearly identify his business at 2530 Harding Street onto the existing sign standards . The existing- sign has been improperly maintained for the past several years necessitating notifying the owners of its condition. Also, a "For Lease" sign, • - simi-lar:- to th-e• requested sign;-wa-s- -improper,ly instal7led--and is- in- poor condition. Approval of this request would create a precedent for other commer- cial .businesses . If the request is approved, I would recommend an agreement emphasizing proper maintenance on the existing sign and area. RECOMMENDATION Recommend sign variance request be denied due to possible dif- ficulties which could arise by establishment of a precedent such as this . LH/cjk • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE PETITION Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, May 17, 1983, at 8 :05 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of a petition for a sign variance. The petition was filed in regard to a .sign * identifying the business establishment located at 2530 Harding Street N.E. Anyone wishing to be heard with reference to the above shall be heard at said time and place. • David M. Childs City Manager Publish: St. Anthony Bulletin May 5 , 1983 . -o p --1 Date: Fee : $25 .00 • CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE - Applicant: Phone : d1 1 Address: AN ld rl Status of applicant (owner, buyer, rente , agent, etc. ) : J Legal description of property petitioned for variance : Street Address : aZ k_ C7 d 4 41;V211:7 Zoning district in which pro erty is -located: Reques : , Minnesota Statutes and City ordinances requi that the following conditions must be satisfied affirmatively. If the answer to a statement is Yes, tplease-explain,, -us-ing . addi.ti,onal sheets . Yes No 1 . The granting of the variance will not be detri- mental to the public welfare or injurious to other property in the neighborhood or village; and 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are adhered to, or 3. The conditions upon which the application for a variance is based are unique to the parcel of l / land for which the variance is sought and are �c not applicable, generally, to other property within the same land-use classification. Signature of Applicant • Signature of Owner If other than applicant) I!?/000 AP28 8 0 A 25.000K 1 - Z-7 - - _� / l l 4�� E 1 • � � � i f I I � � Pt � :\� ' b ' V f r� _ �o��.� o os �l� � • o� u�-e-�, c=-ao �, C� o �I 'G o� — Q � � �' � � Agenda Item Reports-3a Status Informational MEMORANDUM • DATE: -May 16 , 1983 TO: The Seven County Metro Joint Purchasing Consortium FROM: Lee Entner, St. Anthony Fire Chief SUBJECT: Minutes of. the May 10th Meeting at Columbia Heights --------------------------------------------------------------------- Much time , effort , and travel has been put forth by this group to make this joint purchasing project work. We are' now at the .point of action and are nearing our original goal of having the specs on certain equipment ready for group approval and ready for. bidding for 1984 . Following. is list of actions and directions at their May 10th meeting. (1) The hose committee was given the task of adding to the hose specs a couple of items . One was to include 1-3/4" hose catagory . along with the other sizes . The other was to add proper term inology which would assure the hose would load flat when the air was out. (2) Larger diameter hose (4" and 5") would be up to individual departments to gather data and indicate further direction to develop this item. (3) Turn-out equipment at present will be handled in the following . manner: If you plan to order the following equipment, please contact the appropriate people listed' below and proceed. Equipment Contact Telephone Hose , 1-1/'2 " , 1-3'/4" , Bill Thompson 755-2880 , 2-1/2" , 3" Coon Rapids ext. 271 Hose , 4" , 5" Check within group -------- Coats Roger Kuchera 425-4521 Maple Grove Bunker Pants Dale Beckmann. 455-5082 _ . Inver Grove Heights Helmets Larry Moskalik 348-2059 Minneapolis ... Boots Dale Bechrnann 455-5082 Inver Grove .Heights Gloves Larry Moskalik 348=2059 � - Minneapolis. -2- . (4) Robert Aldrich, Fridley Chief, offered to have a draft resolution , drawn up for our individual council to enter into a .joint - purchasing agreement a:s. .a group. Chief Aldrich indicated a, possible time frame of. about 2 weeks . (5) The turn-out equipment committee, comprised of Aldrich (Fridley) , Doherty (Roseville) , Kuchera (Maple Grove) and Fegerstrom (Spring Lake Park) , will be working up the present specs -.on turn-out coats, refining and listing the options so that the specs will be complete. Note : When these specs are complete , as far as the Committee ' s action, they can be set ' for the bidding process . (6) The name we will' use for this group will be "The Seven County Metro Joint Purchasing Consortium" . If anyone has a problem with this , let us know. The departments receiving this memorandum are those which have been involved and were in attendance at the May 10th meeting in Columbia Heights . Don Johnson Columba-a Heights 788-1223 Lee Entner St. Anthony 788-4885 Howard Anderson, North St. Paul 770-4480 Lyle Robinson Brooklyn Park 425-4502 Roger Kuchera Maple Grove 425-4521 Ken Southern Eagan 454-8100 William Reimer New Hope 533-1521 Art Quady Crystal 537-8421 Dale Beckmann Inver Grove Heights 455-5082 Ralph Begin Plymouth 559-0624 Larry Moskalik Minneapolis 348-2059 Gordy Vadnais White Bear Lake 429-8504 James Doherty Roseville 484-4286 William Thompson Coon Rapids 755-2880 Ron Fagerstrom Spring Lake Park 786-4436 Robert Aldrich Fridley 571-3450 Survey sheets will. be developed and distributed for data relating to 1984 budget items , but will not be sent out until we cover the immediate tasks at hand. When we send. out the survey' sheets to each department , we will also have what quarter or time frame each depart- ment is purchasing various equipment, so that we can coordinate when 1.984 arrives . Thanks for hanging in, our rough edges 'are .slowly being eliminated! LE/c.j•k _ l Agenda Item Reports-4a Status Informational MEMORANDUM DATE: May 18 , 1983 TO: David Childs , City Manager Department Heads FROM: Connie Kroeplin , Secretary SUBJECT: Staff Meeting Notes - May 17, 1983 ---------------------------------------------------------------------- The meeting began at 9 : 45 A.M. Those present were Larry flamer, Carol Johnson, Don Hickerson, Lee Entner, Connie Kroeplin and Dave Childs . Ray Nelson was absent. Lee Entner has drafted a letter to be sent to Alert Communicators requesting a reimbursement to the City on the costs incurred the last time the siren malfunctioned (March, 1983) . Chief Entner also mentioned the five communities involved in the joint purchase of fire pumpers are nearing completion of the- specs -for the pumpers and a report will be presented to Council in the near future. Mr. Entner also offered an idea as a fund raiser. He suggested obtaining • a vehicle to vend snacks and soft drinks at the City parks . He also said a hazardous materials team had been established from members of the Fire Department. This team will meet with other community teams to develop a better system of handling situations involving dangerous substances . Chief Entner also discussed laminated I .D . cards for City employees and is pursuing this idea further . Don Hickerson informed .those present of the upcoming .police auction. The exact date has not been set, but the auction is being handled by Anoka Auction , who will receive 100 of the profits . Such articles as bicycles , color TV, amplifier, riding lawn mower and watches will be auctioned . The Police Reserves have been doing house. checks' and have been given the soft ball schedule for use in patrolling the City ' s parks . Carol Johnson had attended an election meeting where Chapter 92 was enacted. Chapter 92 involves use of computers for voter registration and records management which would taken the place of maintaining a duplicate card file. Some communities will begin using the partially complete system in September for their City elections , however most, including St. Anthony will not. The system will be completed in December of this year. Mrs .,.-Johnson had brought her Fridley water/sewer. bill .to the staff • meeting, noting the inclusion of what .percentage of that City ' s resi- dents ' sewer bills goes to- the City and what percentage goes to Metro Waste. It was agreed this informat•-i-on will be printed on St. Anthony .-residents I next water/sewer ._b lls - l' -2- Mrs . Johnson had also contacted the City of Fridley concerning the correct procedure for PERA deductions for fire reserves who are also full time City employees . PERA responded by .stating deductions must be paid on total amount earned in public service (pay received while on call in addition to regular salary) . Larry Hamer believes the water tower .painting . should be completed by the end of the week (5/20) , weather perr.. .tting. The inside should be completed on Thursday and will be chlor�= -iated a week later . Mr. Hamer discussed the condition of th City ' s sanitary sewer system. While televising the system in the area of 36th and Edward, it was observed that, 380 feet of the sewer is n poor condition and could collapse. . To make matters worse, it i 20 . feet deep, which would make . it nearly impossible for the City ' s Pu is Works Department to be able to repair or replace themselves . Add that the fact that the roads are concrete, and the problem becomes large cost . factor. A cost and feasibility study will be done as -on as possible. The Public Works Department will be sl ying to control the dandelion problem and it was noted the City of r indsview claimed they could not afford this service and will not spray -his year . Mr. Hamer .said the areas where tar is seeping through the Streets will be taken care of. It was also discussed that. there have en no complaints on the dis- solution of the branch pick up progran �Mr. Hamer added that Jeff' Lofgren has promised to complete the v �k on his property within 30 days . Mr. Hamer readied the. City 's voting m& Nines for use during the school • board elections , which led to a discus ton on charging the, school district for use of those machines . I clear-cut decision resulted from that discussion. On the subject E elections , Mrs . Johnson will present a request to have only one po_! l.ng place for the upcoming City election. Connie Kropelin said she has had bids .=or printing the City Newsletter and has received a bid which is half t.-ie cost of what the City 'had been paying. Mr. Childs stated he attended several excellent workshops at the City Managers ' spring convention in Brainerd last week. Especially in formative were those concerning computers and managing changes . He also fisted items to be placed on the Council ' s May 24th agenda : Planning Comm.ission report; information from the engineer on the afore- mentioned sewer problems ; minutes from the last joint purchasing meeting (fire) ; the H.R.A. redeveloper ' s agreement; . and a continuation of the Board of Review. Carol Johnson told those present an invitation will be included in the pay checks to coffee and cake for Caroline . Zappa ' s last working day, May 24th, beginning at 1 : 30 P.M.- The meeting adjourned at 11: 20 A.M. cjk ,Agenda Item Reports-4b Status . Informational `x-005-PR RECEIVED STATE OF WNIZ IR °SCE OF ArM32U VE HEARINGS APR 2 71983 FOR Tim HuagsorA WASTE,MANAGEMEW BOARD, WASTE MANAGEMENT BOARD In the Natter of the Proposed Hazardous Waste Processing Facility REPORT OF THE HEARING EXAM11M Area in the City of Roseville. The above-entitled matter was heard before State Hearing Examiner Phyllis A. Reba on March 15, 1983, at the Roseville City Hall, 2660 Civic Center Drive, Roseville, Minnesota, commencing at 1:00 p.m. An evening ses- sion was also held'at 7:30 p.m. at the same location. The Minnesota Waste Management Board (hereinafter '%MB" or "Board") was represented by Special Assistant Attorney General Alan 'Rowalchyk, 1935 West County Road B-2, Roseville, Minnesota 55113. Testifying for the Board were Sharon Recker and Fat* Moore, 7323 - 58th Avenue North, Crystal, Minnesota 55428. Approximately 17 persons attended the afternoon,session.- and approximately 30 persons-attended the evening session. The hearing continued until all per- sons desiring to speak had an opportunity to do so. The Hearing F—miner toured the proposed site immediately following the afternoon hearing on March 15, 1983. The record,remained open for public ccmnents until March 24, 1963, ?nd for staff responses until April 4; 1983, at which time the record was closed. This Report is a recommendation, not a final decision. The final decision regarding ►&ether to include this area in the inventory of 'preferred areas" for commercial hazardous waste processing facilities will be made by the Minnesota Waste Management Boarkl. Following the submission of this Report, the staff of the WMB will review the materials contained in the record, and they will make a final recommendation to the Board. The Board will make its final decision at a public Board meeting. Interested persons may appear at that meeting. In order to ascertain the procedure for presenting argument to the Board prior to its final decision, interested individuals should contact Sharon Recker, Project Manager for the Hazardous Waste Processing Inventory at 536-0816. STWEMERr OF ISSUE The issue in this proceeding is What matters should the Waste Management Board consider in determining whether to include this proposed area in the final inventory of preferred areas for a. commercial hazardous waste chemical processing facility, and a transfer and storage facility, pursuant to Minn. Stat. § 115A.09. (1982). Based upon all of the proceedings herein, the Hearing EKaminer makes the following: FINDINGS OF FACT The Preferred Area Inventory Process, Prehearing Procedures and Natiee of the Hearing I. Pursuant to the Waste Management Act, Kim. Stat. Ch. 115A (1982), the WNB is required to prepare an inventory of "preferred areas" of up to 10 square miles each for commercial hazardous waste processing facilities. The final inventory must include at least three areas* for each of the following categories of commercial hazardous waste processing facilities: (a) a chemi- cal.processinng facility, (b) an incineration facility, and (c) a transfer and storage facility. 2. On April 22, 1982, eight outstate (outside the seven-county 'Twin Cities metropolitan area) areas were placed on the WMB inventory of preferred areas for hazardous waste processing facilities.. All eight were designated for chemical processing, transfer/storage, and two of the eight areas were also designated for incineration. 3. On April 22, 1982, the Hoard also decided to further review the seven-county metropolitan area to determine if there were additional possible areas which could be included in the inventory. The reason for continuing, and intensifying the search in the metro area is that approximately two-thirds of the state's hazardous wastes are generated there. (428 Ex. P). 4. On May 27, 1982, the Board informed the Mayor of Roseville of its con- tinuing search for areas in the seven-county metro area. (VM Ex. W). 5. On September 14, 1982, the Board informed the Mayor of Roseville that it had tentatively identified an area within the city as a possible "prelimi- nary area" for a processing facility, and invited the city to send a repre- sentative to a September 23 meeting at the State Capitol, where the Board would select approximately 30 areas for further study. (WMB Ex. T). 6. On Sceptember 23, 1982, the Board designated the Roseville site, along with 27 other sites, as preliminary areas for use as a chemical processing facility, and/or a trarisfer and storage facility. (WMB ME. V). The city was formally informed of this selection on that date. (WMB Ex. W). The September 23, 1982 news release did not mention the Roseville site. (VM Ex. V). 7. On November 4, 1982; the Hoard met and adopted selection factors to be used in evaluating the preliminary areas. (WMB Ex. BB). 8. On November 9, 1982, a public information meeting was held in Rose- ville. Notice of the meeting was given by press release sent to the Roseville Sun, St. Paul Pioneer Press and Dispatch, The Minneapolis Star and Tribune, and various other newspapers and radio stations serving the Roseville area. (WNB Ex. Z). Articles appeared in the Pioneer Press,' Dispatch, Star and Tribune, Vadnais Heights-Little Canada Press, Roseville Sun and Roseville Re- view. (WMB Ex. IM). Approximately 125 people attended the meeting. (WMB Ex. 9. On December 16 and 17, the WMB met at the State Capitol to review the preliminary areas in light of information collected,at the various public in- formation meetings and assembled by the staff. The Mayor of Roseville testi- fied at the meeting requesting a reduction in the.proposed siting area. (ATB EK. FF)'. 'Dhe Board voted to reduce accordingly the proposed siting area, but tentatively included the reduced Roseville site for transfer/storage and chemical treatment facilities. NB 'Ex: FF). Of the 28 sites considered at that meeting, 16 were proposed as preferred areas, and 12 were eliminated from -2- further consideration. The comet mities affected were notified by letter dated December 21 of this decision. 10. On February 4, 1983, the Notice of and Order for Hearing was issued. (WMB Bc. B). On FBbruary 9, a copy was sent to the County and the City. (WMB Bc. II)..'The City of St. Anthony was not on this mailing list. (UMB Rrc. II). 11. On February 17, a display advertisement anno unirg the time place and purpose of the hearing was mailed to the Roseville Sun and the Roseville Review. A similar ad was published in the Minneapolis Tribune on February 20. (wMB R's. MM). 12. On February 25; a press .release announcing the hearing was sent to the St. Paul Pioneer Press, Dispatch; Minhneapols Star and Tribune and other radio and television news media serving the Roseville area. (%MB EK. R3,)., 13. On March 1, the Roseville Review published a display ad for the March 15 hearing. Ch March 2; an article announcing the hearing was published in the Roseville Sun; a brief article announcing the March 15 hearing also ap- peared in the New Brighton Bulletin on March 10. (FRB Ex. KK). 14. On March 4, another news release was sent to Ramsey County media out- lets announcing the Roseville hearing. (FMB Ex. R3,). 15. . Prior to the hearing, the Minnesota Pollution Control Agency (MPCA) prepared and submitted to the We a "suitability report" for the proposed haz- ardods waste processing facility area in Roseville. No field investigations were conducted in the preparation of this report. Instead, available data from the Soil Conservation Service and the U.S. Geological Survey and Mire- sota Geological Survey were used. The suitability report addressed certain environmental factors (such,as soil conditions and the location of the aqui- fers in the area) that should be considered in determining whether a hazardous waste facility could be established in this particular arms. Tie issuance of this suitability report does not mean that arty developer who may desire to locate a facility in this area at some future time will qualify for MPCA per- mits. No conclusion was drawn as to the likelihood of an MPCA permit being issued for any particular type of facility in the area. The conclusion can _...,..., . only be determined through the evaluation of more specific information such as would be required during the permitting process if a developer seeks to estab- lish a facility in this area. (UMB Bt. NN). Description of the Proposed Area. 16. The proposed Roseville area is-a 700-acre area in Roseville, north- west of the juncture of Interstate'35W and Highway 280. The area is generally triangular in shape, bonded on the north by County Road C, on the west by the Hennepin-Ramsey County line, and with the Minnesota Transfer Railway Rine pro- vidirg the third side of the "triangle". The proposed area includes an indus- trial area along Terminal Road. Criteria in Selecting Areas for the Inventory 17. ,Minn. Stat. 4 10A.09; subd. 2 (1982). requires the Board to consider at least the following factors in selecting areas for the inventory: The consistency of sites with state and federal regulations, -3- local land use and lard use controls, the protection of agricul- ture and natural resources, existing and future development pat- terns, transportation and other services appropriate to the haz- ardous waste facilities, the quality of other potential sites, and the location of hazardous waste generators. 18. On November 4, 1982, the Board identified certain factors which would be used in the oomparison of preliminary area in order to select proposed areas. Those factors are listed on page 23 of WMB Exhibit O and will form the basis for the organization of the following Findings. However, one of the purposes of the hearings was to identify criteria which had been overlooked by the Board aryl, therefore, additional factors will be discussed which do not "fit" into the Board's factors. Existing Industrial Development 19. As can be seen from the large aerial photograph (*S Ex. ZZ), much of the proposed area is already in use as an industrial park. The eastern por- tions of the area are primarily occupied by trucking-related industries--truck sales, service and storage. 7b the north, above the proposed area, is the Williams Brothers Pipeline any. Standard and Phillips Oil Companies are also in the vicinity. Other occupants within the proposed area include Boise-Cascade, Honeywell, Old Dutch Foods, and Sperry-Univac. Paper Calmenson Company is south of the proposed area. (WMB Mt. 0; Frc. XX). Planned Industrial Development 20. The area is zoned and planned for heavy industrial (I-2). In Febru- ary of 1982,1 the City of Roseville rezoned lard east of the proposed area from industrial use to business use. (*a Ex. O). Availability of Sewer 21. Sanitary sewer service is available to the entire proposed area. Adequate sewer system capacity currently exists and should be available in the future. Wastewater from Roseville is treated at the Metropolitan Wastewater teatment Plant (K*M). Sanitary sewer service to a specific area of a mm- munity is subject to approval of the community and can change. (W+93 Ex. 7T). Transportation Access 22. The proposed area has direct access to several nine-tan routes, in- cluding I-35W (interstate), Highway 280 (intermediate arterial), Hicray 88 (minor arterial), and Highway 51 (mirror art erial). " Ex. 40). 23. Interstate 35W, Highway 88 and HicJh ay 36 have lower accidents rates than the average rate for the same type of road in Minnesota. Hic�eray 280 and Highway 51 have higher-than-average accident rates. (VM Ex. 00, Ex. XX). 24. The two highways with higher-than-everage accident rates (7H-280; SH-51) are scheduled for rehabilitation within the next several years. (WMB at. Q4),. 25. 7}he area is also served by the Burlington Northern and Minnesota . Transfer Railroads. -4- Proximity to,Residential Development 26. The area is completely zoned for industrial use and no residential development exists within the area. To the east of the site is a substantial width of industry, 'followed by a sizable width of zoned commercial business. Bordering the'west side of I-35W, the business zone continues eastward to Fhirview Avenue and the Rosedale Shopping Center. The southern tip of the proposed area abuts Highway 280; immediately south and east of this point are residential units. Adjacent to.the west is the Gross Golf Course (located in St. Anthony). The northwest portion of the area is bordered by a width of. industry and a cemetery extending.to Highway 88; St. Anthony residential units exist northwest of the Highwaj 88. Immediately-to the north is zoned indus- trial use, primarily.occupied by Williams Pipeline CM*kwa.;_north and north- west of Williams Pipeline are residential units. (W MB Er. WW; & ZZ),-___ Soil and Aquifer Qxuditions 27. soil conditions in the proposed area are difficult to characterize, as 908 of the surface is covered by buildings and pavement. Portions of the site are known to be composed of clay-rich materials.' which depending upon the depth may offer protection to subsurface groundwater. The non-clay portions of the site are composed of urban soils, cut and fill land, gravel pits,_ or marsh; this material is difficult to evaluate as to permeability and may in- adequateiy protect groundwater. (*M Er. OD;-Ex. PP). 28. Records from water well drilling-in the vicinity show bedrock aqui- fers 115 to 135 feet beneath the surface. Platteville limestone or Decorah shale is thg first bedrock. Wells in the.vicinity tap into the Platteville, St. Peter, Prairie Du Chien, and Jordan formations. Above the bedrock are glacial drifts or layers of variable character.' with indications of a protec- tive clay layer. Sands and gravels primarily comprise the balance of the glacial layer above the bedrock. '(WM Ex. 00; Ex. PP). 29. • Limited data on soil and aquifer conditions has been submitted into the record. The data that has been submitted is quite general in nature and not overly descriptive of the actual proposed area. A finding as to Whether soil conditions offer any protection to the aquifers is premature without further evidence. Protection of City Wells. 30. : Rhe City of. Roseville obtains its water supply'through the St. Paul water system and does not have its own city water supply wells. (*M Fx. Xx) Proximity to Natural Areas, Parks, and Historic Sites 31. Zhere are no protected-wetlands within the.boundaries of the areas. However, there are five wetlands located northeast of the site at varied dis- tances, and one wetland is south of the site. (WMB Mt. UO). 32. The City of Roseville is proposing the development.of a 36-acre.ecm- munity park around Langton lake;-located same distance to the northeast of the site and separated,from the site-by I 35W. Langton Lake and.its adjacent wet- lands are known habitats of abundant bird species. (VM Ex. XX). • 33. Three golf courses are located in the site vicinity. Midland Hills Country Club and the University of Minnesota Golf Course are south of the site, separated by Highways 280 and 36. Goss Golf Club-(CLty of St. Anthony) is located immediately adjacent to the western edge of the site. West and partially north of Goss Golf Club is the Hillside C®etery-and Sunset Memo- rial Park Cemetery. (WMtB Ex. PP). 34. A "water ponding area"exists a very short distance to the southeast of the site,and north of Highway 36. (WMB Fk. WW). 35. No archeological.sites listed on the National Register exist within the proposed site. An inventory site 'in the area has been recorded and, therefore, may be eligible fcr'inclusicn on the National Register. - (See, IoM Ex. SS). - Further consultation with the Minnesota Historical Society would be requirod'should a facility be located within the site. Other Factors . 36. Several post-4earinq. comments addressed the issue of adverse effects on nearby commercial businesses. Restaurants, hotels; and retail shops are located in the general vicinity and futher dial growth and expansion to planned for'the future. Whether perceived or real, a negative impact on com- merce is feared if a hazardous waste processing facility is located near the Roseville shopping areas. 37. A real concern was voiced at the hearing over the danger of fire due to the proximity of the site to Williams Pipeline Cbmparny, Where a gasoline explosion and fire took place in April of 1980. This fire continued for two days, and Maned approximately-147,000 gallons of'petroleum products. (See, . Post-Fearing. Exhibit -on Pipeline Accident Report).. A hazardous .waste pro- ceasing facility can have in-house safeguards on fire prevention, yet the facility would still be vulnerable to the spread of a neighboring industrial fire. of.course, the threat of fire from an adjacent facility is not unique to the proposed site in Roseville. The distinction here is the magnitude of the threat. mere are in excess of 20 petroleum storage tanks in the proposed site vicinity. (*3 ft. ZZ). Only County Road C buffers the proposed site from*the Williams Pipeline Company. Based upon the foregoing Findings of Fact, the Emminer makes the fal- lowing: - C CNCU)SIC NS _ 1. Pursuant to Minn. Stat. § 115A.09 (1982), this hearing was neither a rulemaking proceeding nor a contested case proceeding. The bearing was con- ducted so as to afford all interested persons an opportunity to ask questions, ! testify and present evidence on the subject matter. 2. The Minnesota Pollution Control Agency fulfilled its statutory cbliga- tions by preparing a suitability report on the proposed area. 3. The Minnesota Waste Management Board has complied with all substantive and procedural requirements of law. The Board and the Hearing Examiner do • have jurisdiction in-this matter. 4. Any of the foregoing Findings which should more properly be deemed 0=lusion9 are hereby adopted as-such. Based-upon the foregoing Conclusions, the'Hearing Examiner makes the fol- lowing: f -6- _ It0034+EIIYTZONS 1.•-7hat the proposed hazardous waste processing facility area in the City of Roseville"be"considered for inclusion in the inventory of preferred areas for the location of a chemical processing facility,and a storage and transfer facility.: 2. ' That :hmi the Minnesota waste Management Board considers including this proposed area in the final inventory of preferred areas, it should con- sider the following items: a. ••The proximity of the proposed site to Gross Golf Course to the west and growing commercial activity to the east. b. The proximity of the proposed site to residential development to the southeast of the site and to the northwest of the site. c. The inconclusiveness of the data gathered an the soil and aquifer conditions; and whether.the aquifers are adequately protected. d. The potential effects on future commercial development due to the proximate location of the processing facility. e. The threat of fire, resulting from the site's proximity with petroleum storage tanks owned by Williams Pipeline Coqxanny. Dated: April 25, 1983. Via.-/t, PHYLLIS A. Fam Hearing Examiner NCYrICE The Board is,respectfully requested to serve its fin4 decision upon the Hearing Examiner. - .. ..-..r.....•. .. --. �.,v.. :.,_ . ,.... Reported: Joseph Andert Harry Rafner Sri--. •.j MEMORANDUM - Notification of the city of St. Anthony Although the proposed site is wholly within the City of Roseville and Ramsey County, its western border is on the Hennepin-Ramsey County line im- mediately adjacent to the City of St. Anthony. The City of St. Anthony did not r'eoeive.official notice that the Roseville site was being considered as a Preliminary area for,.a processing facility. Nor was the City invited to at- . tend the initial meetings at the'State 03pitol where the Board would select 7- • the.preliminary preferred sites. On September 23, 1982, the Hoard designated the Roseville site as.one of 28 preliminary areas. The City of St. Anthony did not learn of the preliminary designations until the first week in November When an article appeared in the Minneapolis Star and Tribune announcing the public informational.meetings to be held in Roseville. In a letter dated November 22, 1982 to the Waste Management Board, the Mayor of the City of St. Anthony expressed his concerns regarding the pro- posed Roseville site and its proximity to the City of St. Anthony. -.(W+IB Ex. III). The Hearing Examiner has considered these comments and other,comments made on behalf of the St. Anthony residents at the hearing on March 15, 1982. Since the City of St. Anthony has been afforded an opportunity to partici- pate in the designation process, the Examiner believes that the City.has not been unduly prejudiced by the Board's failure to include the City in its tial-notificaticns. In any event, throughout the period leading up to the Board's designation and to the present date, the Board has given all the no- tice required by law. The City's complaint must be made to the Legislature. Soil and Aquifer Conditions The soils in and around the proposed area offers questionable protection against contamination from a spill: most of the site is urban land and cannot be evaluated. The PC&'s suitability report concluded its discussion of'soils and aquifer stability with the statement: "Mich of the site could be devel- oped with additional design and operation safeguards for the groundwater." (W MB Ex. NN). Processing facilities; by their very nature, do not demand the kind of protection that must be afforded to disposal facilities. Processing could occur in the site's vicinity:' A more substantial testing of the Soil and subsurface would aid decisionmakers in determining Whether this area is capable of protecting the underlying aquifers from accident. One Examiner recognizes that a more substantial testing of the soil and aquifer suitability would take place during the permitting process if and When a designated site would be proposed for development by a private waste management developer. However, without at least a preliminary determination that the soil coditicne afford a minimum protection against ground contamination in'the event of an accidental spill, the Examiner is unable to make a. finding as to whether soil conditions offer any protection to the acquifers.' Ehissio'ns and Weather Inversions As this.proposed preferred area is for commercial hazardous waste, chemi- cal processing and transfer/storage, and not incineration, questions on emis- sions and weather inversions may not be germane.' The Board may wish to ad- dress the issue of emissions of a processing facility ,if it is likely to be ... greater than negligible. Safety It would seem prudent to locate any.facility away from existing petroleum storage tanks in the area as a safety.•precaution against the possibility of future petroleum explosions and fires. P.A.R. CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION Date Submitted Type of Action Requested Agenda Item Number Resolution Reports-4c May 20,- 1983 Ordinance Date Action Requested X Formal Action/Motion . Title CDBG Program Other May 24, 1983 TO : . Mayor and Councilmen FROM: David M. Childs , City Manager ------------------------------------------------------------ SUMMARY DISCUSSION OF SUBJECT: As described in the attached memo, over 1 ,000,000 is available in Hennepin County for CDBG projects through the Federal Jobs Bill funding. The deadline for applications from cities for funding is June 7th. I have recommendations for possible project applications as follows : 1 ) $350,000 for land acquisition costs for an elderly rental project (Section 202/8) . This would meet the removal of blight criteria as well as the low/moderate income benefit criteria. Location is the Kenzie Terrace area. 2) I have been discussing the possibility of a joint application with Hennepin • County for land acquisition for the construction of a new St. Anthony branch of the Hennepin County library system. This has not been finalized and I have meetings on May 20th and 23rd to see if the project is feasible. This would also be located in the Kenzie Terrace area. Estimated cost is $250,000 to $300,000. 3) Other ideas that the Council may have. RECOMMENDATION : I recommend that we make separate applications for both of the above projects if my negotiations with the County are successful . • CITY MANAGER" S' REVIEW: COMMENTS : STATEMENT OF OBJECTIVES 1983 JOBS BILL ADDITIONAL APPROPRIATION URBAN HENNEPIN COUNTY CDBG PROGRAM The Jobs Bill of 1983 provided for an additional appropriation to the Community Development Block Grant program principally for the creation and direct support of jobs. Urban Hennepin County -has received an - additional allocation of $1 ,051;000 under the Jobs Bill which must be scheduled for use by July 1 , 1983, and fully expended by September l ; 1985. In programming the use of this additional funding; HUD requires that Urban Hennepin County establish a set of objectives to guide the selection of activities to be funded with the appropriation. These objectives must reflect the intent of both the Jobs Bill and the Housing and Community Development Act of 1974; as amended. Two sets of general objectives are therefore applicable. One set from the COBG program itself: Principally benefit to low and moderate income persons. a Aid in the prevention or elimination of slums and blight. • • Meet other community development needs having a particular urgency. And one set from the Jobs Bill : a Provide productive employment for jobless Americans. a Hasten or initiate federal (funded) projects and construction. e Provide humanitarian assistance to the indigent. Proposals for the use of the additional allocation to the. CDBG program . through the Jobs Bill must be consistent with at least one of the generally applicable objectives from each set. The Jobs Bill strongly emphasizes the funding of activities which will create and directly support jobs. This; therefore; becomes the primary objective of Urban Hennepin County in programming the use of these. funds. In addition, HUD particularly emphasizes the funding of community deve- lopment activities of the following nature as consistent with the purposes of the Bill : a Public works and facilities. a Financial assistance to- private businesses for economic . development. a Housing rehabilitation. a Public services. objectives of a more specific nature follow. They are adapted from the • Statement of Objectives established forrthe regular Urban Hennepin County CDBG program. They provide further guidance in proposing and evaluating activities to be undertaken with Jobs Bill CDBG funding. o Program and implement Community Development activities which address Urban County objectives and meet local needs and priorities within established timetables. o Programmed activities must be completed and their budget expended .. within two years from the date of authorization to proceed. e . Maintain thorough files on the process of program development and activity implementation to meet program and quarterly-performance . reports requirements. • . Provide additional permanent, private sector jobs available to low and moderate income persons. e Economic development activities must have evidence of support from public and/or private sponsors and provide for new or expanded employment opportunities and/or the elimination of existing blighting influences. a Economic development activities must be consistent with establish- ed local policies as exemplified in comprehensive and redevelop- • ment or economic development planning. e Undertake activities to stimulate economic development consistent with local economic development strategies. o Target funds for use in conjunction with other available public and private resources. e Facilitate the development of new housing, including,. but not limited to, site acquisition, public improvements, assistance with front-end costs and multi-community projects. o Offer a variety ,of housing rehabilitation assistance. e Utilize all available housing rehabilitation/improvement programs either in conjunction with or independent of the CDBG rehabilita- tion programs; ( i .e. ; MHFA loans, MHFA-CETA Weatherization) . o Improve existing and develop new public works and facilities. o Encourage the provision of public improvements to support revitali- zation as well as new development. • e Assure that program supported facilities and housing units are accessible to handicapped persons. e Assure that each accessibility improvement meets a particular need, removes a specific barrier and represents a defined priority in the community. e Support the funding of public services to the extent they are consistent with the program needs of participating communities. -e Funding for public. services -must principally benefit low and moderate income persons. e Funding of public services must be for new or. increased levels -of service or in support of services for .which funding is no longer available and it can. be demonstrated that local funding is no longer possible. UHC 5-9-83 PROGRAM DEVELOPMENT SCHEDULE 1983 JOBS BILL ADDITIONAL APPROPRIATION URBAN HENNEPIN COUNTY CDBG PROGRAM HUD has established July 1, 1983, as the deadline for submittal of the Statement of Objectives and Projected Use of Funds relative to the additional appropriation to the CDBG program through the 1983 Jobs Bill . . To help assure timely completion and submittal of the Statement, the following schedule has been prepared specifying critical dates and attendant actions by those responsible. May June July --------------------------------------------_--------------------------------- Citizen Advisory Committee Organization 3 Statement of Objectives 3. . . . . . . . . . . . . . . . .24 Funding Review Criteria 3.. . . . . .. . . . . . .. . . ... . .. . . . . . .. . . ..24 Projected Use of' Funds Review 7•• .• • • •• • • . • •21 Funding Recommendation 7. . . . . . . . . . .. 21 Subgrantees Information Meeting 9 Development of Request/s for Funding 9. . . . . . . . . . . . . . . . . . . . .. .. . . . .7 City Council Action 7 Proposal for Funding Submission 7 Committee Review 7• •• • • • • • • •• • •21 Funding Recommendation- 21 Hennepin County Public Information Distribution 12 Statement of Objectives 3. . . . . . . .12 Funding Review Criteria 3. . . . . . ..12 Public Hearing 26 Projected Use of Funds Assembly 14. . . ... ....... .24 County Board Resolution 28 Final Submittal 1 HUD Progrcim Description and Instructions 5 Pronram Development Resource 5. . .. . . . . . . . . . . . . .. .. .. .. . ..... . . . . . . . . .. . . . . . . .. .... .... .. . . 1 2 • UHC 5-9-83 Acj'enda .Iteiii New Business--_L stat-US Per "l:ouncil GRANT APPLICATION - YOUTH SERVICE BUREAU • recommended motion ". . .that a grant proposal be submitted in conjunction with the City of St. Anthony and the Northwest Suburban Youth Service Bureau to the Minnesota Energy, PlanninF�, and Development Department in the ^mount of $30,861. for the 1983-84 school year." This grant would make us part of an on-going program in the :founds View and Roseville Schools. This is a 1-year grant, with the potential for 3 years of funding. Current funding in the Mounds View and Roseville districts comes from the fol- lowing sources :' city contributions - 78c per capita Ramsey County - 29c per capita state contributions- 9C per capita private donations - 4C per capita If we continued the program after the completion of the grant , we would need to allocate a total of approximately $8600. from a combination of local sources. This grant proposal will also be presented to the St. Anthony City Council at their May meeting. PROJECT GOALS I. To establish and impler.:ent the St. Anthony Youth Intervention Program. II. To establish and implement a referrals procedure with individuals, groups , and agencies currently providing services to youth and families in order to avoid _uplication of services and enhance services already available. III. To provide counseling services to a minimum of 50 young people each year of whom do not have petitionable behavior problems; less than 5% will be petitioned to juvenile court within one year of program termination. IV. To provide counseling services to 50 young people who have been referred specifically for petitionable behavior problems of whom less than 10% will be petitioned to juvenile court within one year of program term-ination. V. To provide a minimum of 800 hours of individual, group, educational, and family counseling. VI. To develop a minimum of three parent and staff education programs per year. VII. To develop- a minimum of one special project each year that responds to an emerjlq_!��..,need within the community. PROJECT SL.CIAR'i : The St. Anthony Youth Intervention project is designed to serve young people with petitionaible behavior problems who live in the St. Anthony - New Brighton School attendance area (District 282) , the cerrz7unitles of St. Anthony and New Brighton (part) . It responds to the unique problem this area has in being situated within two metronolitan counties (Hennepin and Ramsey) , and yet frequently isolated frog the services of either. There are currently no programs for young people that serves this area beyond the schools , police, churches , and recreation programs. Police and school personnel have been particularly concerned about the lack of available counseling resources for young people who live in the Cities of St. Anthony and New Brighton. The prlr^ary goal of this project is to Provide individual, group, and family counseling, and parent education services for young people and their families in the St. Anthony - New Brighton attendance area. By providing; these and other services we will reduce the number of young; people who enter or re-enter the juvenile justice system. Special efforts will be nade to reach petitionable behavior problem youth identified by the police , school, and .juvenile court personnel. Referrals from other sources such as schools , churches , comnunity groups , parents , and young persons themselves will also be accepted. In addition regular conmunication will be established with other existing services to enhance that which exists and to prevent or reduce any duplication. Specific probler.. areas will be defined and effort will be made to implement services that meet those problems. Involvement of individuals and groups within the St. Anthonv area will be encouraged in order to promote support for the program and make it pore responsive to the citizens needs and wants. Staff for the St . Anthony - New Brighton Youth Intervention Project will consist of one full-time Youth!Fanily Counselor. The Nort'livest Suburban Youth Service Bureau Board of Directors will act as the implementine, agency. Its Board of Directors is composed of repre- sentatives of the following groups : police , ,juvenile court , schools, cities , youth and area residents. Its Board of Directors would be expanded to include police , city, school, youth and citizen representation from the St. Anthony - New Brighton area during the period of this project. This proposal addresses a community need and has been developed through a community effort. Il J CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION ---------------------------------------------------------------- • Date Submitted Type of Action Requested Agenda Item Number Resolution New Business-2 May 20, 1983 Ordinance -Date Action Requested x Formal Action/Motion Title 1983 City Other May 24, 1983 Election ------------------------------------------------------------------------ TO: Mayor and Councilmen FROM: Carol B. Johnson, Finance Director ---------------------------- ------------------------- SUMMARY DISCUSSION OF SUBJECT: (See memo attached) FISCAL IMPACT: ALTERNATIVES : RECOMMENDATION : Recommend Council approval . CI .Y MANAGER' S _REVIEW: COMMENTS : MEMORANDUM • DATE: May 20 , 1983 TO: Mayor and Councilmen ' FROM: Carol B. Johnson, Finance Director SUBJECT: 1983 City Elections -----------------------------------------------------------=-------- We are all aware of the condition of the State ' s finances and are still unsure of what impact they will have on St. Anthony . In searching for ways of saving dollars spent by the City, - the following is a suggestion and supportive statistics , for your consideration. I believe it would be beneficial to have only one polling place for the upcoming City election in November, 1983. It could' be in the Civic Center, 3301 Silver Lake Road N.E. m at the St. Anthony gym Y C This location is centrally located in the City and should create i o no hardship for any resident who wishes s e t vote, and would be the same as a school board election. This would eliminate three polling places and the voting machines are stored at this location, so transportation would be eliminated . • It would also cut down the number of Judges -and machines needed. As shown below, the total number of persons voting in a City election is about the same number of persons voting only - in Precinct 2 during a General Election, so there should be no problem handling all three (.now four) precincts in one location. Year Type Precinct Votes 1982 General #2 2 ,073 1981 City All 2 ,136 1980 General #2 2 , 401 1979 City All 1 ,592 The procedure to change the polling places would require a resolution which would have to be passed at least 30 days before the election. Following the election, another resolution would be required to designate the procedure back to the present precincts and polling places for the 1984 Primary and General Elections . Attached is a copy of the rules and regulations on this from the Minnesota Election Law Book and statistics -from the last three City elections . CBJ/cjk -2- 72 204B.16 POLLING PLACES; DESIGNATION. Subdivision I. • Authority; location. The governing body of each municipality and of each county with precincts •in unorganized territory shall designate by ordinance or resolution a polling place for each election precinct. The polling place fora precinct in a municipality shall be located within the boundaries of the precinct or within 1500.feet of one of those boundaries unless a single polling place is designated for a city pursuant to subdivision 2. The polling place for a precinct in unorganized territory may be located outside the a precin t at a place which is convenient to the voters of the.precinct. y Subd. 2. Single polling place permitted. The governing body of any city of the third or fourth class having more than one precinct or of any city with territory in more than one county may by-ordinance or resolution _ designate a single, centrally located polling place where all the voters of the city shall cast their ballots. A single board of election judges may be appointed to serve at this polling place. The number of election judges appointed shall be determined by considering the number of voters in the entire city as if they were voters in a single precinct. Separate ballot boxes shall be provided and separate returns made for each precinct in the city. Subd. 3. Designation effective until changed. The designation of a polling place pursuant to this section shall remain effective until a different polling place is designated for that precinct. No designation of a new or different polling place shall become effective less than 30 days prior to an election. 1.977 City Election Registered Voters -- 5 ,612; dumber of Persons Voting -- 2 ,158 • (.38. 5% of registered voters) . Precinct I -- Hennepin County - 43. 98% Precinct II -- Hennepin County - 46 . 02% Precinct I -- Ramsey County - 18. 21% Cost Salaries $424 . 00 Printing/Publishing $193 . 00 Supplies $ 58 . 00 Misc. Maintenance $ 38 . 00 Total $713 . 00 --------------------------------------------------------------------- 1979 City Election Registered Voters -- 6 , 002; Plumber of Persons Voting -- 1 ,592 (26 . 5% of registered voters) . I didn' t have a breakdown by- precincts of percentages- for this election. Cost Salaries $740 . 00 Printing/Publishing $368. 00 Supplies $ 68. 00. . Misc. Maintenance $ -0- Total $1, 176. 00 -------------------------------------------------------------------- -3- 1981 City Election • Registered Voters 5 ,751; Number of Persons Voting -- 2 ,136 (36_. 68% of, registered voters) . Precinct I -- Hennepin County - 42 . 810 Precinct. II -- Hennepin County - 42. 77% Precinct I -- Ramsey County - 21. 470 Cost Salaries $525 . 00 Printing/Publishing $ 82 . 00 Supplies $293. 00 Misc. Maintenance $ 17.00 Total $917-. 00 --------------------------------------------------------------------- Estimated Cost of 1983 City Election Four Polling Locations One Polling Location Salaries $640 : 00 Salaries $375 .00 (12 judges) (6 or 7 judges) Printing/Publishing $350 . 00 Printing/Publishing $250 . 00 (10 machines) (.6 machines) • Supplies $100 . 00 Supplies $ 75. 00 Misc. Maintenance $ 50 . 00 Misc. Maintenance $ 25 . 00 Total $1 , 140 . 00 Total $725 . 00 -------------------------------------------------------------------- The costs for using one location are merely guesses because we have never done this before, however, I doubt if they would be higher. In fact, the difference more than likely would be lower than the figures I arrived at. CITY OF ST. ANTHONY REQUEST FOR CITY COUNCIL ACTION --------------------------------------------------------------- Date Submitted Type of Action Requested Agenda Item Number X Resolution New Business-3 May 20, 1983 Ordinance Date Action Requested Formal Action/Motion Title Certificates of Other May 24, 1983 _ Indebtedness ------------------------------------------------------------------- TO: Mayor and Councilmen FROM: David M. Childs , City Manager SUMMARY DISCUSSION OF SUBJECT: As part of the 1983 budget, a tax levy of was made for the purpose of purchasing capital equipment through the use of a certificate of indebtedness. This procedure is used by many cities and has been used by the City of St. Anthony in the past to assist in keeping our capital equipment up to date. • FISCAL IMPACT: The anticipated interest costs for borrowing wi l l depend on the final interest rate negotiated. (.I will have quotes ready for the Tuesday meeting . ) Based on 8% interest rate, the total interest cost would be approximately $300.00. ALTERNATIVES : RECOMMENDATION: Recommend that the certificates be authorized at an interest rate and to a lender as presented at the meeting . CITY MANAGER' S REVIEW: COMMENTS : RESOLUTION 83028 • A RESOLUTION AUTHORIZING ISSUANCE OF CAPITAL EQUIPMENT CERTIFICATES OF INDEBTEDNESS WHEREAS', Minnesota Statutes , Section 412 . 301 authorizes the • City Council to issue certificates of indebtedness within existing debt limits to finance the purchase of street and police equipment and said equipment has been purchased; and WHEREAS, in conformance with .Minnesota Statutes*, Section 475 .61, the City Council has levied the necessary taxes such that 'if such taxes are collected in full, they will -produce an amount at least 5% in excess of the amount. needed to meet when due of the principal and interest payments on the obligations . BE IT-RESOLVED BY THE CITY COUNCIL OF ST. ANTHONY, MINNESOTA: (1) The City shall forthwith issue its negotiable general obligation street and police equipment certificates of indebtedness in the amount of $30 , 000 , dated June 1 , 1983. There shall be two (2) certificates , each in the denomination of $15 ,000 . They shall mature, accrue int- erest and shall be payable as follows : Maturity Amount Interest • Certificate #1 7/28/83 $15 ,000 Certificate #2 12/28/83 $15 ,000 The certificates are hereby sold to at a price equal to the principal amount thereof plus accrued interest from 6/1/83 to the date of delivery . (2) Such certificates shall be in substantially the following form: "The City of St. Anthony , in the Counties of Hennepin and Ramsey, and the State of Minnesota, for value received promises to pay to or order the sum of $15,000 on or before the day of , 19 with interest at the rate of percent per annum, payable at maturity. This certificate of indebtedness is issued by authority of a resolution passed by the City Council of St. Anthony, Minnesota on 19 pursuant to Minnesota Statutes, Section 412 . 301. The principal and interest of this certificate are payable . out of the money in the treasury of the City and the full faith and credit of the City are irrevocably pledged for the redemption of this certificate. • In testimony whereof the City of St. Anthony has caused this certificate to be signed by its Mayor and City Manager and its `> c-o--,porate seal affixed thereto this day of 1�9 -2- (3) There is hereby created a special account in the debt service fund which shall be used only for paying principal and interest on certifi- cates of indebtedness issued pursuant to this resolution. Into this_ • fund shall. be paid all receipts from the taxes levied in this resolu tion and any other money appropriated to the fund from any other source. If any principal or interest on the certificates becomes due when there is not sufficient money in the fund to pay it, the City Treasurer ,shall make up the deficit from the General Fund of the City and the General Fund shall' be reimbursed for such advances from the proceeds of the taxes levied in this resolution and all other moneys received for or appropriated to the payment of principal and interest. (.4) . The proceeds of the sale of the certificates authorized by this resolution shall be paid into the Capital Equipment Fund (#401) and from this .fund shall be paid all expenses incurred. for the pruchase of street and police equipment to be financed by such proceeds . (5) To provide moneys for such payment, the City has levied upon all the taxable property in the City an irrepealable, ad valorem tax which has been spread upon the tax rolls and will be collected with and as a part of the other general property taxes in the City in 1983 in an amount such that if collected in full will produce an amount at least 5% in excess of the amount needed to meet when due the principal and interest payments on the certificates. Such tax levy shall be irre- pealable until all of the principal and interest on such certificates are paid. (6) The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin and Ramsey Counties, together wish such information as he shall require , and to obtain from the county auditors a certificate that these certificates of indebtedness have been entered on his bond register and the tax has been levied as required by law. (7) The Mayor and City Manager, as the officers of the City charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver the certificates to the purchaser, together with a certificate executed by the Mayor and City Manager sufficient to meet the requirements of the Internal Revenue Code Section 103 (c) and the rules. -and regulations promulgated under that section. Such certificate shall state that the proceeds of the certificates of indebtedness will not be used in such a manner as would cause the certificates to be arbitrage bonds. The certificate shall further state that to the best of the knowledge and belief of the certifying officers , there are no other facts , estimates , or circumstances that would materially change such expectation. Adopted. this day of 1983. Mayor ATTEST: • City Clerk Reviewed for administration: City Manager 5 S 4 OVERTIME PAYROLL REPORT PAYROLL' .DATED MAY 18 , 1983 4 s t Date Department Reason Hours Police Department 5/4/83 William Ferguson Court 22 ` 5/5/83 Richard Puffer Shift fill-in, vacation 8 5/6/83 Richard Schwalbach Burglary 2 5/4/83 Jeffrey Luther Court 32 Total 10-2 Maintenance Department 5/11/83 Arvid Johnson Fire call out 2 5/12/83 Arvid Johnson Alarm,. filter plant 2 5/2/83 Richard Kristyniak Drain water tower 12 5/2/83 James Lorbeski Drain water tower 2 5/6/83 Lauren McClanahan Low level , filter plant 2 5/10/83 Lauren McClanahan Sewer plugged 2 • Total 1112 Fire Department 5/3/83 Kenneth Anderson Shift fill-in, school 1 5/2/83 Richard Johnson Shift fill-in, vacation 2 5/14/83 Richard Johnson Shift fill-in, sick 2 Total 32 Reserve Fire Department Fill-ins for Regular Firemen @ $4 .00/Hour Fill-ins for regular firemen out sick 232 Fill-ins for regular firemen on vacation 46 Total 692 CBJ/cjk ST ANTHCNY A/P CHECK REGISTER DATE 05—C L ._ �;' E_C K VENDOR 4 AMOUNT 02651 AETNA- L IFE C CASUALT 438.00 02652 AMERICAN BANKERS INS 22.00 02653 APACHE PLZ'A. C/O: C G 1 ,-571.2.3 02654 hLUE CROSS/BLUE SHIE 304. 74 _ 02655 CITY COUNTY CREDIT U 60.00 I 02656 CITY OF ST ANTHONY 48, 125.00 _ 02657 EI_ECTRO WATCHMAN INC 117.00 0.2658 GRIGGS COOPER C CO I 5 ,979.96 02659 GROUP HEALTH PLAN IN 109.04 02660 I 'NTERCG J T INENTAL PKG 3 13. 29 02661 JOHNSON WINE CO 50.01 i 02662 LOCfL 911 13. 50 02663 MA(; I C GARDFN 36.00 02664 MINNEGASCO 803.91 02665 MINN RE;vEF I T ASS`d 5.00 I 02666 OLf, PEORIA C., INC ti80.48 02667 L.PSCO 1 ,389.26 02663 PHYSICIANS HEALTH PL -171 . 51 02669 DUALITY WINE CO 133. 59 02670 ST ANTHONY LIQUOR xl 175.00 02671 ST TREAS SOC SEC CC`J 21000.83 02672 T .S. B. COMPUTER CENT 273.46 02673 TWIN CITY FEDERAL 20.00 02614 TWIN CITY WINE CC) 57. 15 02675' UNITED WAY 16.00 • 02676 WGR MARKETING 30.00 02677 WESTERN LIFE INS CC 28.6C i 02678 SPRING LAKE PARK LUM 83. 16 _ 0.2679 TWIN _CITY HARDWARE C 66.00 FINAL TOTAL 63 ,779. 72 ;I .'� L ST ANTHONY —A"—CHECK RE-GISIF ---_ DAT-E-05-1q- ti - ------CHECK VENDOR 02680 AETNA LIFE C CASUALT 438.00---- — . __ 02681 CAPITOL CITY DISTRIB 646.26 02682 CHRISTEN TRUCKING IN 178.64 02683 CITY COU14TY CREDIT U 60.00 - 02684 D C M I14C _. ___,___70..00 02685 EAST SIDE BEVERAGE C 119266.05 02686 ELECTRO WATCHMAN INC _ —66.00 _ 02687 GANZER DISTRIBUTORS 69771.65 02688 GATEWAY HARDWARE CO __ 14.._05 02689 t;OLD EAGLE DI ST CO 64.26 02690 HAPPtiS POTATO CHIP C 02691 HOME .1UICF CJ 79. 30 02692 KUETHER DISTRIBUTING _ ___ -- _11,682.85 02693 MARK VII SALES INC 7,673.23 02694 MINA BAR SUPPLY —__ _ _ 691.98 02695 MOVIE FACTS 40.00 02696 MONARCH FOOD SERVICE 1,1.6.4.00 02697 OLD Gl1TCH FOODS Ir,C 213.60 02698 PEPSI C:;LA/7 UP BCTT __ — __--__83_9�D_O —_ 02699 RFX DISTRIBUTING Cr 99490.50 02100 ROYAL BEVERAGE DIST —___ _ . _ -197_.-7-0 __- ? 02 701 ROYAL C tOWN BEVERAGE 142.80 02702 ST ANTHONY LIQUOR 91 `a- 125.00 02703 SILF_NT KNIGHT 39.00 02704 STUART DISTRIBUTING — 407.7.0__ _ 02705 SONnERLAND INC — 19024.03 02706 TOMbSTOAE PIZZA 21-6n_-_ 02707 TWIN CITY FEDERAL 20.00 02ZD_8 TWIIN CITY FILTER SER 2A-AO- 02709 UNITED WAY 16.00 ) - 02710 WARNER HARDWARE I "lam 02711 SOUTH SIDE DIST CO 145.50 F I .VAL TOTAL 539725.77 - # -- --- r. r CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES May 24, 1983 A. Call to Order. B Roll Call-. C. Approval of May 10 , 1983 H.R.A. Minutes. D. H.R.A. -Resolution 83-003 , re: Redeveloper 's Contract. E. H.R.A. Resolution 83-004 , re: Land Acquisition Activities . F. Adjournment. • • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MINUTES May 10 , 1983 Chairman Sundland called the meeting to order at 7 :51 P.M. Present for roll call : Sundland, Vice Chairman Letourneau, Secretary/ Treasurer Marks , and Commissioners Ranallo. and Enrooth. Also -present : David Childs Executive Director; William Soth, Attorney; Dick Krier of Westwood Planning & Engineering , Inc. , Planning Consultant; Stephen Yurick of Arkell Develop- ment, Tentative Redevelopers of the Kenzie Terrace Redevelopment Project; and Carol Johnson, City Finance Director. Motion by Commissioner Ranallo and seconded by Vice Chairman Letourneau to approve as submitted the minutes of the H.R.A. meeting held March 22 , 1983 . Motion carried unanimously . Mr. Krier reported there had been a further delay in signing of the • Redevelopers Contract so additional information vital__to _the successful development of the project could be researched. Additional appraisals of the real estate had been ordered so Kraus Anderson, the co-developer , could be assured the purchase figures would be consistent with those of the Department of Housing and Urban Development; a new budget had been developed; and his firm had developed a new cash flow analysis which addressed "the worst case possibilities which could happen before the project is completed" , Mr. Krier said. He had concluded that this analysis supported his belief that even with delays in the Phase 2 and 3 schedules and only a partial completion of Phase 3 , the project could be considered a highly feasible undertaking , with only a limited risk for the City. The latest version of the Redevelopers Contract had been provided the H .R.A. members for review prior to the meeting. Referring to the section addressing condemnation, the Secretary/Treasurer cited. a recent court ruling which had raised some questions in his mind about the extent of risk for the City once condemnation proceedings are initiated. Mr. Soth told him it should be recognized that at some time the City would .be forced to buy the property with some risk involved, with the greatest risk possible during the acquisition of land for Phases 2 and 3.. However, he said he would anticipate the City- would proceed with condemnation proceedings only after they had reached a. "level of comfort" -with such a •step. According to the, Attorney , the developer • had authorized the City to proceed with the acquisition of - land for -2- Phase 1 , but Mr. Soth said he would anticipate very little risk to be involved, "unless you have missed the cost of the land by a great • deal Intense efforts have been taken to negotiate the sale of the property without condemnation, which could take 120 days , Mr. Soth reported, but he added- that he would recommend against actual acquisi- tion without the contract being signed first. Mr. Yurick indicated the redevelopers have no major problems with the contract and anticipatessigning it and submitting. the Letter of _ Credit before the next H.R.A. meeting. He said he was very optimistic about the project since his company has received over 200 inquiries -about just the 134 units which would be constructed first and he still believes that project can be started this fall . Since he would be unable to attend the next Council .meeting, May 24th, the Secretary/Treasurer wondered if the H.R.A. meeting could be scheduled in advance of that date. When this did not appear to be possible, he made the motion, which Commissioner Enrooth seconded, to schedule a Housing and Redevelopmeny Authority meeting for May 24 , 1983 and to direct that it be put into the record that a special H.R.A. meeting scheduled for May 3rd' had been held instead on May 10th. Motion carried unanimously. Motion by Secretary/Treasurer Marks and seconded by Vice Chairman Letourneau to approve payment of $3 ,073.46 to Westwood Planning & Engineering, Inc. , representing the H.R.A., share of the costs of the Kenzie Terrace Redevelopment Study . Motion carried unanimously . Motion by Commissioner Ranallo and seconded by Secretary/Treasurer Marks to adjourn the Housing and Redevelopment Authority meeting at 8 : 15 P .M. Motion carried unanimously. Respectfully submitted, Helen Crowe , Secretary XXXtV WESTWOOD PLANNING & ENGINEERING COMPANY AGENDA May 24, 1983 St. Anthony HRA Commissioners 3301 Silver Lake Road N.E. St. Anthony, MN Subj: Redeveloper's Agreement Dear Commissioners: On Monday, we expect to have a Redeveloper's Agreement signed by Arkell Develop- ment and Kraus-Anderson Real Estate. This agreement commits the redeveloper to develop a three phase project in accord with their proposal. In summary, the Redeveloper's Agreement provides the following: 1. That the HRA acquire the property, relocate the existing tenants, and sell the property to the redeveloper in phases. 2. That the .HRA use tax increment financing or other funds to pay for the property. 3. That the HRA does not represent that it would successfully acquire the property and may withdraw if it is not successful in acquiring the • property. 4. That the redeveloper construct the improvements as per the proposal. 5. That the real estate taxes, on or before the date of closing of the sale and special assessments be pro-rated. 6. That the redeveloper provide a $400,000 Letter of Credit for security in performing their obligations. This Letter of Credit will consist of $100,000 at the signing of the Redevelopment Contract, $300,000 when bonds are sold, and will reduce to $360,000 after the completion of Phase I. 7. That the agency deliver to the redeveloper the Redevelopment Deed at closing. This deed has certain restrictions in it and can revert to the HRA until a Certificate of Completion is issued by the HRA when the project is completed. B. That the HRA not proceed with the acquisitions of Phases II and III until given written notice by the redeveloper, provided that the redeveloper must give written notice before December 31, 1984. 9. That the redeveloper agree , with some limitations, to pay 25°0 of any tax increment shortfalls in any given year. 10. That the redeveloper provide insurance in the form of Builder's Risk, Comprehensive General Public Liability, Workmen's Comprehensive and Contracts Liability Insurance. 7415 WAYZATA BOULEVARD, MINNEAPOLIS, MINNESOTA 55426 (612) 54 6-0155 • St. Anthony HRA .Commissioners Agenda May 24., 1983 Page 2 11. That the redeveloper and the eventual homeowners agree not to protest any taxes to the level of that needed to pay the principal and interest on the tax increment bonds. 12. ' That any mortgage financing be limited in how it would encumber the property. 13. That the Redevelopment Contract cannot be assigned or transferred with- out the prior approval of the HRA, (with some. exceptions). 14. Section 9.1 deals with events of defaults and Section 9.2 deals with remedies for default. 15. That there be no conflict of interest, the redeveloper provides equal employment opportunities, that the HRA restricts the use of the property, the deed, provisions of the Redevelopment Contract are not merged with the deed, and that if any major problems arise, an arbitration proceed- ing is specified. 16. That the redeveloper enter into a Purchase Agreement with a non-profit • corporation for the provision of a 202/Section 8 project in Phases II or III . 17. That the redeveloper conform with the following time. schedule: - May 24 - sign the Redevelopment Contract and provide a Letter of Credit - August 2 - provide a second Letter of Credit - October 15 - closing on Phase- I - November 1 - commence construction on Phase I - April 1, 1985 complete construction of Phase I - November 30, 1985 - 'redeveloper gives written authorization to acquire Phases II and III but gives statement of reasons for deferring acqui- sition - Spring of 1984 = redeveloper begins construction on Phase II - Spring of 1986 - redeveloper.begins construction on Phase III St. Anthony HRA Commissioners Agenda May 24, 1983 Page 3 RECOMMENDATION I recommend, with the concurrence of the HRA attorney, that the HRA author- ize the Chairman and Secretary to enter into a Redeveloper's Agreement with the redeveloper and that the HRA authorize the Executive Director to proceed with acquisition of Phase I . Respectfully submitted , WE D PLANNING & ENGINEERING COMPANY chard C. Krier, AICP RCK/dg cc: HRA Attorney Attachment: Final Redevelopment Agreement Resolutions RESOLUTION H.R.A. 83003 AUTHORIZING THE REDEVELOPMENT CONTRACT WHEREAS, Minnesota Statutes authorize the St. Anthony Housing and Redevelop- : ment Authority (HRA) to enter into a Contract for Redevelopment of property within a Redevelopment Project Area and; WHEREAS, the HRA has duly adopted a Redevelopment Plan, established a Redevelop- ment Project Area and established a Redevelopment/Housing Tax-Increment Finan- cing District and; WHEREAS, the Planning Commission and City Council have approved such redevelop- ment and Tax Increment Financing Plans and; WHEREAS, the HRA solicited proposals for redevelopment with the Project Area and selected the joint venture of Arkell Development Corporation and Kraus- Anderson, Inc. , as "tentative redevelopers" and ; WHEREAS, the HRA instructed the Executive Director to negotiate a Redevelopment Contract with the tentative redeveloper; NOW THEREFORE, be it resolved that the HRA, having reviewed the proposed Redevelopment Contract, authorize the HRA Chairman and Secretary to execute the Redevelopment Contract on behalf of the HRA. Chairman Attest Secretary Executive Director TABLE OF CONTENTS Section 1.1 Definitions 2 Section 2.1 Representations and Warranties REDEVELOPMENT CONTRACT By Agency 5 Section 2.2 Representations and Warranties KENZIE TERRACE By Redeveloper 6 REDEVELOPMENT PROJECT Section 3.1 Acquisition 7 HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA Section 3.2 Purchase and Conveyance 7 Section 3.3 Condemnation Contests 7 AND Section 3.4 Title 8 ARKAND PARTNERSHIP Section 3.5 Time of Conveyance 8 Section 3.6 Real Estate Taxes and Special Assissments 9 Section 3.7 Access Easement 9 Section 4.1 Construction of Minimum Improvements 9 May 24, 1983 Section 4.2 Construction Plans 9 Section 4.3 Commencement and Completion of Construction 10 Section 4.4 Certificate of Completion 11 Section 4.5 Security for Performance 12 Section 5.1 Defense of Claims 14 Section 5.2 Insurance 14 Section 5.3 Condemnation 15 Section 6.1 Tax Increment Guarantee 16 Section 6.2 Taxes and Valuations 17 Section 7.1 Mortgage Financing 18 Section 7.2 Limitation Upon Encumbrance Section 10.8 Termination 27 of Property 18 Section 10.9 Arbitration 29 Section 7.3 Approval of Mortgage 18 Section 10.10 Section 202/8 Project 29 Section 7.4 Copy of Notice of Default of Mortgagee 18 Section 10.11 Letters of Credit 29 Section 7.5 Mortgagee's Option to Cure Default 19 I Section 10.12 Condominium Documents 30 Section 7.6 Agency's Option to Cure Default Section 10.13 Reasonable Consent of Parties 30 on Mortgage 19 Section 8.1 Representations as to Redevelopment 19 Schedule A Redevelopment Property Schedule A-1 Identification of Phases Section 8.2 Transfer of Ownership 19 Schedule B Minimum Improvements Schedule B-1 Assessed Values of Minimum Improvements Section 8.3 Transfer of Property and Assignment 20 Schedule C Allocation of Purchase Price to Phases Schedule D Time Table Section 8.4 Information as to Partners 21 Exhibit A Form of Deed Section 9.1 Events of Default 21 Exhibit 1 to Deed Certificate of Completion Exhibit 2 to Deed Covenants and Restrictions Section 9.2 Remedies on Default 22 Exhibit B Form of Letter of Credit Section 9.3 Revesting of Title 23 Section 9.4 Resale of Reacquired Property Disposition of Proceeds 24 Section 9.5 No Remedy Exclusive 25 Section 9.6 Waivers 25 Section 10.1 Conflict of .Interests; Agency Repre- sentations Not Individually Liable 25 Section 10.2 Equal Employment Opportunity 26 Section 10.3 Restrictions on Use 26 Section 10.4 Provisions Not Merged With Deed 27 Section 10.5 Titles of Articles and Sections 27 Section 10.6 Notices and Demands 27 Section 10.7 Counterparts 27 i i i sin- j REDEVELOPMENT CONTRACT ; private enterprise consistent with the needs of the City as a whole; and encourage private rehabilitation of structures within the Project Area; and THIS AGREEMENT, made as of May 24, 1983, by and } WHEREAS, in order to achieve the objectives of the between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, Redevelopment Plan, the Agency intends to provide aid and MINNESOTA, a public body corporate and politic (the "Agency"), establ'ished pursuant to Minnesota Statutes, Sections assistance to the Project through the sale of bonds by the 462.411-462.711 (the "Act"), and RSHIP, a general Agency or the City to finance the public costs of the partnership organized and existing under t e laws—of the State redevelopment of the Project Area; and of Minnesota ("Redeveloper"), whose only partners are The Arkell Development Corporation and Kraus-Anderson Realty ! WHEREAS, in order to achieve the objectives of the Company, each- a Minnesota corporation. Redevelopment Plan, -the Agency is prepared to acquire certain real property located in the Project Area, more particularly WITNESSETH: i described in Schedule A attached hereto (the "Redevelopment s Property"), and convey the Redevelopment Property to WHEREAS, the Agency was created pursuant to Section Redeveloper as three separate Phases identified in Schedule A-1 462.425, Subdivision 1, of the Act and was authorized to attached hereto for redevelopment in accordance with the transact business and exercise its powers by a resolution of Redevelopment Plan and.this Agreement; and the City Council of the City of St. Anthony (the "City") adopted on July 14, 1981, pursuant to Section 462.425 of the WHEREAS, the Agency believes that redevelopment of the Act; and Project Area pursuant to this Agreement is in the best interests of the City and benefits the health, safety, morals WHEREAS, in furtherance of the objectives 'of the Act, and welfare of its residents, and complies with the applicable and in particular, Sections 462.445, Subdivision 1(4), 462.421, state and local laws and requirements under which the Project Subdivision 13, 462.515 and 462.521 of the Act, the Agency has has been undertaken and is being assisted; undertaken a program for the clearance and reconstruction of blighted, deteriorated, deteriorating, vacant, unused,- NOW, THEREFORE, in consideration of the foregoing underused or inappropriately used, areas of the City and in premises and the mutual obligations set forth in this this connection is engaged in carrying out a redevelopment Agreement, the parties hereto hereby agree as follows: project known as the Kenzie Terrace Redevelopment Project -(the "Project") in an area (the "Project Area") located in the City; ARTICLE I and Definitions WHEREAS, as of the date of this Agreement there has SECTION 1.1. Definitions. In this Agreement, unless been prepared and approved by the Agency and the City Council a different meaning clearly appears from the context: pursuant to Sections 462.515 and 462.521 of the Act a redevelopment plan for the Project, dated May-1982 (the "Act" means_M-innesota StarnrPC. Sarrinnc aU.411 to 462.7,11. "Redevelopment Plan"); and � "Agreement" means this Agreement, as the same may be from time WHEREAS, on June 28, 1982 the City Council adopted a to time modified, amended or supplemented. resolution establishing the Project Area.as a tax increment _ financing district; and "Article" means an Article of. this Agreement. WHEREAS, the major objectives of the Redevelopment "Assessor's Market Value" means the.market value of real Plan are to: acquire for redevelopment economically or property as determined by the assessor for the City in functionally obsolete or underutilized buildings and land; accordance with Minnesota Statutes, Section 273.11. provide a redevelopment site of a character that will encourage future development of the area and improve sources of public "Assessed Value"means the value of real property as determined revenue; eliminate blighting influences which impede potential by the assessor for the City in accordance with Minnesota development; provide maximum opportunity for redevelopment by Statutes, Section 273.13 against which the real property tax is imposed. -2- "Bonds" means revenue bonds or general obligation bonds issued "Minnesota Environmental Policy Act" means Minnesota Statutes, by the Agency or by the City to finance acquisition of the Sections 116D.Ol,let-seq. , as amended. Redevelopment Property (and related costs). The .term "Bonds" shall also include any revenue bond's or general obligation I "Mortgage" means any mortgage made by Redeveloper which covers, bonds issued by the Agency or the City to refund any Bonds. in whole or in pact, the Redevelopment Property and i$ approved by the Agency under Article VII. "Certificate of Completion" means a certification in the form attached as Exhibit 1 to a Deed, to be provided to Redeveloper, "Mortgagee" means; the owner or holder of a Mortgage. or a purchaser of part of the Redevelopment Property, pursuant to Section 4.4. "Net Proceeds".means any proceeds paid by an insurer to Redeveloper and the Agency under a policy or policies of "City" moans tha city of St. Anthony, Minnesota. insurance required under Article V and remaining after deducting all expenses (including fees and disbursements of "Condemnation Award"means the amount remaining from an. award I counsel) incurred in the collection of -the proceeds. to Redeveloper for public acquisition of title to and possession of the Minimum Improvements, or any material part "National Environmental Policy Act" means the federal law 42 thereof, after deducting all expenses (including fees and U.S.C. 554331 et sec . , as amended. disbursements of counsel) incurred in the collection of such award. "Partner" means a partner in Redeveloper. "Construction Plans" means the plans, specifications, drawings "Permitted Encumbrances" means easements for drainage, public and related documents for the construction work to be performed streets, sanitary; sewer, water and other utilities and such by the Redeveloper on the Redevelopment Property, which (a) other easements or rights-of-way as presently exist within the. shall be at least as detailed as the plans, specifications, Redevelopment Property a ich d e drawings and related documents which are submitted to the PL2j&.Gr. reservations o minera s and mineral rights, bul lnq building inspector of the City and (b) shall include at least and zoning laws and ordinances and all other local, state and . the following: (1) site plan; (2) foundation plan; (3) federal laws andiregulations. basement plans; (4) floor plan for each floor; (5) elevations on all sides; (6) landscape plan; (7) grading.plan; and (8) "Phase" means one of the Phases of Redevelopment Property utility plan. identified on Schedule A-1 attached hereto. 'Deed" means a deed by Agency to Redeveloper for one or more of �±oiP�t" means the redevelopment project in the City_ known and the Phases of the Redevelopment Property in the form attached referred to as a zie '1'e�F�Z'Ls'R2t!@yETieCreeerr�!'! hereto as Exhibit A. "Project Area" means the area designated for redevelopment by. "Event of Default" means an act or omission by the Redeveloper ur or the Agency identified as such in Article X. "Proposal" means Redeveloper's proposal dated January 17, 1983 "First Letter of Credit means a Letter of Credit in the amount for redevelopment of the Redevelopment Property as submitted to of $100,000. the Agency-with any subsequent amendments approved by the : . Agency. "Letter of Credit" means one of the irrevocable bank letters of credit provided to and approved by the Agency pursuant to "Purchase Price" means $1,386,000, to be•paid by Redeveloper Section 4.5, in the form attached hereto as Exhibit B. for the Redevelopment Property and allocated to the Phases -in .. accordance with Schedule C attached hereto. "Minimum Improvements" means the improvements described in Schedule B attached to this Agreement. geedevel"opment Plan" means the plans for the Project dated May, 1987. "Maturity Date" means the date, with respect to a given issue of Bonds, when the principal, premium (if any), and interest on the Bonds are paid in full. -3- -4- "Redevelopment Property" means the property included in the (c) Agency proposes to (i) acquire the Redevelopment Project Area to be conveyed by the Agency to Redeveloper under Property by negotiation or condemnation, (ii) relocate the the terms of this Agreement. existing tenants from the Redevelopment Property; and (iii) sell the Parcels 'to the Redeveloper for redevelopment in "Restrictions" means the easements, covenants, conditions and accordance with the Redevelopment Plan and Proposal. restrictions set forth in Exhibit 2 attached to a Deed. (d) To finance the activities to be undertaken by the "Second Letter of Credit" means a Letter of Credit in the Agency, the Agency proposes to use the proceeds of Bonds and amount of $300,000. pledge tax increments generated by the Project Area to payment of the Bonds. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. (e) Agency makes no representation or warranty that it will successfully acquire all of the Redevelopment Property. Time Table" means the schedule of performance dates-for certain actions by Redeveloper under this Agreement, attached hereto as (f) Agency makes no representation or warranty that Schedule D and made a part hereof. - the Redevelopment Property soils or other conditions are suitable for the intended redevelopment. "Unavoidable Delay" means a failure or delay in.a party's performance of its obligations under this Agreement "or during Section 2.2. By Redeveloper. Redeveloper represents. Grp ne iod sD cified in this Agreement which does no and warrants that: entail the mere enr o�" not wit in a party s reasonable control, including but not limited to acts. of God, (a) Redeveloper is a general partnership duly e other strikes, labor disputes organized under the laws of the State of Minnesota, has power (except disputes w is co, a resarty o ved by using union labor), to enter into this Agreement, and has duly authorized the fire or other casualty, or lack of materials; provided that execution, delivery and performance of this Agreement. within 10 days after a party impaired -by the delay has knowledge of the delay it shall give the other party notice of (b) Redeveloper will construct, operate and maintain the delay and the estimated length of the delay, -and shall give the Minimum Improvements in accordance with the terms of this the other party notice of the actual length of_the:delay.,within Agreement, the Redevelopment Plan, the Act, and all local, 10 days after the cause of the delay has ceased to exist The state and federal laws and regulations, including, but not parties shall pursue with reasonable diligence the avoidance limited to, energy conservation, environmental, zoning, and removal of any such delay. Unavoidable Delay shall not building code and public health laws and regulations, the extend performance of any obligation unless the notices National Environmental Policy Act, the Minnesota Environmental required in this definition are given as herein required. Policy Act, and the Critical Areas Act of 1973. (c) The Minimum Improvements will be constructed so ARTICLE II as to increase the assessed values of the three Phases by the Representations and Warranties incremental amounts set forth in Schedule B-1 attached hereto. Section 2.1. By Agency• Agency makes the following (d) Redeveloper has received no notice, or representations to Redeveloper: communication from any local, state or federal official that the activities of Redeveloper or Agency in the Project Area may (a) Agency is a housing and redevelopment authority be or will be in violation of any environmental law or duly organized and existing under the laws of Minnesota.. Under regulation. .Redeveloper is aware of no.,facts the existence of the provisions of the Act, Agency has the power to enter into I which would cause it to be in violation of any local; state or this Agreement and carry out its obligations hereunder. - ! federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota (b) . The Project is a "redevelopment project"within Environmental Rights Act. the meaning of the Act and was created, adopted and approved in accordance with the terms of the Act. (e) Redeveloper will complete the Minimum Improvements according to the Time Table.. -5- -6- (f) Neither the execution or delivery of this the Agency, the Agency shall commence negotiations for Agreement, the condumation of the transactions contemplated acquisition of Phase I. If one or more petitions for hereby, nor the fulfillment of or compliance with the terms and condemnation of interests 'in the.Redevelopment Property are not conditions of this Agreement is prevented by, limited by, granted—then this Agreement may be terminated by the Agency by conflicts with, or results in a breach of, any restriction, written notice to Redeveloper. Agency may, in its sole agreement or instrument to which Redeveloper is now a party .or discretion; choose to appeal any judgment denying a petition. by which it .is bound. If the interests in the Redevelopment Property for..which a petition was denied are acquired by Agency prior to. termination of this Agreement, then Agency shall convey such interests to ARTICLE III Redeveloper, subject to performance by Redeveloper of all of Acquisition and Conveyance of Redevelopment Property its obligations which are conditions to such conveyance. Section 3.1. Acquisition. Agency shall use its best Section 3.4 Title. Prior to acquisition of any part efforts to acquire-the Redevelopment Property for conveyance to of the Redevelopment Property by the Agency, the Agency shall Redeveloper if the following conditions are first satisfied: provide Redeveloper with ax-ommitment for title insurance as (a) Redeveloper has submitted to Agency; and Agency has described below. Within 10 Uays a tide every o e^ approved, the commitments for Mortgage financing pursuant to co to edeveloper; Redeveloper shall make any Section 7.1; (b) Redeveloper is,in compliance with this objections to title in writing or the objections will be deemed Agreement and all conditions to performance by Agency have been waived. If objections are so made, Agency shall be allowed 120 satisfied; (c) Agency or the City is able to sell Bonds at a days to have the title made marketable. Pending correction of rate which reasonable o inion o s Bond title, acquisition of the property by the Agency and the consultant wi 1 ena a to repay a payments required hereunder from Redeveloper shall be ona's "d' timely manner solely rom tax increment funds postponed, but upon correction of title and within 10 days generated by the Project and other revenues specifically after written notice to Redeveloper, this Agreement shall be pledged to the Bonds; (d) Agency or the City is able to sell performed according to its terms A Agency shall provide to Bonds in an amount which, together with costs of issuance, Redeveloper a commitment for a title insurance policy (ALTA capitalized interest, reserve- funds, and other costs, will be Form "B"). f sonabl acre table to Redeve sufficient to pay all costs which will be incurred by the to insure t e title to the Re eve opment roper y or a Phase or Agency in acquiring title to- and possession of, the Phases to the full amount of the Purchase Price or .the portion Redevelopment Property, which amount shall be approximately of the Purchase Price allocated to the Phase or Phases in $525,000 with 'respect to Phase I, and $2,955,000 with respect "to, question. If a title insurance policy is issued, Redeveloper Phases II and III; and (e) the spendable proceeds from the sale shall pay all premiums and other costs thereof except the cost of Bonds are available to'-the Agency to pay the costs to be of preparation of the commitment if provided by the Agency. incurred by the Agency in acquiring title to, and possession of, the Redevelopment Property. Section 3.5 Time of Conveyance. Section 3.2 Purchase and Conveyance. Redeveloper (a) Subject to satisfaction of all of the terms and agrees to purchase the Redevelopment Property from the Agency conditions of this Agreement, Agency- shall execute and deliver in accordance with this Agreement. The Agency shall convey to Redeveloper a Deed for a Phase no later than 60 days after title and possession of the Redevelopment Property to the title to that Phase has vested in Agency, or on such other date Redeveloper by Deeds for the Phases in the manner set forth in s as Agency and Redeveloper mutually agree in writing. this Agreement: Conveyances of the Redevelopment Property and y Redeveloper shall pay the portion of the Purchase Price Redeveloper'•s use of the Redevelopment Property shall be i allocated to the Phase in accordance with Schedule C and accept subject to the'Permitted Encumbrances and to all of the the Deed within 30 days after receipt of a notice from Agency conditions, covenants, restrictions and limitations imposed by that title to the Phase has vested in Agency, or on such other the Redevelopment Plan, this -Agreement, the Deeds and the date as Agency and Redeveloper shall agree in writing. Restrictions. (b) Redeveloper shall take possession of each Parcel Section 3.3 Condemnation Contests. Upon execution of in an "as is" condition on the day of execution and delivery of this Agreement and delivery of the First Letter of Credit to the Deed for the Phase. -7- -8- (c) Unless otherwise agreed, delivery of each Deed substantially conform to the proposal and subsequent amendments and each payment of -a portion of the Purchase Price shall be approved by the Agency; conform to the terms and conditions of made at the principal office of Agency's attorneys.. this Agreement; (b) conform to the terms and conditions of the Redevelopment Plan; (c) conform to all applicable federal, (d) Each Deed shall be in recordable form a4d shall state-and local laws, ordinances, rules and regulations; (d) be. promptly recorded at Redeveloper's expense.. are adequate to provide for construction of the Minimum Improvements; (e) provide for demolition of existing buildings; Section 3.,6.. Real Estate Taxes and Special (f) provide for minimum disturbance to neighboring properties Assessments. On or before the date of closing of the sale of a -- during demolition of the existing buildings and construction of Phase to Redeveloper, Agency shall -pay-all real estate taxes - the Minimum Improvements;. (g) do not provide for expenditures and installments of special assessments due and payable with in excess of the funds available 'to Redeveloper for the respect to the Phase prior to the closing date, and Redeveloper demolition of existing buildings and construction of the shall pay all real estate taxes and installments of special Minimum Improvements; and (h) no Event of Default has occurred. - ,assessments payable thereafter. At the time of closing, the amount of real estate taxes and installments of special No approval by the Agency shall relieve Redeveloper of assessments payable .in the year of closing shall be prorated the obligation to comply with the terms of this Agreement, the between the Agency and Redeveloper as of the date of closing. terms of the Redevelopment Plan, applicable federal, state and Any balance of special assessments remaining on a Phase after ! local laws, ordinances, rules and regulations, or to properly payment of the installment due in the year in which that Phase demolish the existing buildings or construct the Minimum is conveyed to Redeveloper shall be paid by the Agency if the Improvements. No approval by the Agency shall constitute a special assessment was levied prior to the date Phase I is waiver of an Event of Default. . Any disapproval-of the conveyed by-the Agency to Redeveloper and shall be paid or Construction Plans shall set forth the reasons therefor, and assumed by Redeveloper if the special assessment was levied shall be made within 60 days after the date of their receipt by after said date. the Agency. If Agency rejects the Construction Plans, in whole or in part, Redeveloper shall submit new or corrected Section 3.7 Access Easement. At the time of Construction Plans within 30 days after written notification to conveyance of Phase II to Redeveloper, Redeveloper will grant Redeveloper of the rejection. The provisions of this Section to the Agency an easement over Phase II .in form, size and relating to approval, rejection and resubmission of corrected location. reasonably acceptable to the Agency for vehicular and Construction Plans shall continue to apply until the -pedestrian access to Phase III and for utilities to serve Phase Construction Plans .have been approved by Agency. III. Section 4.3 Commencement and Completion of Construction. ARTICLE IV Construction of Minimum Improvements (a) As soon as reasonably possible after conveyance of a Phase to Redeveloper, Redeveloper shall have the existing Section 4.1 Construction of Minimum Improvements. buildings on the property demolished and shall have all debr.is Redeveloper will construct the Minimum Improvements on Phases removed. Unless otherwise agreed by the parties, Redeveloper conveyed to Redeveloper (and without encroachment onto any shall demolish the buildings on Phase III, remove all debris, other property) all in accordance with the Construction Plans and backfill the land, all in accordance with the Agency's and Time Table. demolition specifications, promptly after conveyance of Phase II to Redeveloper. Redeveloper will thereafter provide the Section 4.2 Construction Plans. Redeveloper shall Agency .with a statement in form and detail. reasonably submit Construction Plans to the Agency according to the Time _._. . . satisfactory-to the Agency showing the. costs of such work.. Table. The Construction. Plans- shall provide .for construction Agency.=shall=reimburse Redeveloper for such costs.;,,but' payment of the Minimum Improvements in conformity with the of such demolition costs by the Agency shall not exceed $7,000 Redevelopment Plan, the Proposal, this Agreement, and all for Phase I and $90,000 for Phases II and III combined. No applicable state and. local laws and -regulations. The-Agency reimbursement shall be made for a Phase until all demolition shall approve the Construction Plans in writing .if, in the sole and debris removal has been completed on that Phase. discretion of the Agency, the Construction Plans: (a) -9- -10- (b) Subject to Unavoidable Delays, Redeveloper shall or acts will be necessary, in the opinion of the Agency, for commence construction bf the Minimum Improvements in. a Phase. Redeveloper to obtain the Certificate of Completion. within 90 days after delivery of the Deed for the Phase or on such other date as the 'parties shall mutually agree. Subject (c) ,-The construction of the Minimum Improvements for to Unavoidable Delays, Redeveloper shall complete construction a Phase will be deemed substantially completed when the City of the Minimum Improvements in accordance with the Time Table. has issued a certificate of occupancy. for the. all of the All work`with.r'espect to the.Minimum, Improvements shall be in Minimum Improvements. in that Phase and has made a,.finding that conformity with 'the Construction Plans approved by the Agency. the improvements conform to the Construction Plans. Redeveloper shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property Section 4.5 Security for Performance. through the construction of the Minimum Improvements. Redeveloper shall.make ,reports, in such detail and at such (a) If Redeveloper (i) fails to submit Construction times as may reasonably be requested by the Agency, as to the Plans which conform to the Proposal, or fails to submit actual progress of Redeveloper with respect to construction of Mortgage commitments which are approved by the Agency, in the the Minimum Improvements. time periods required; (ii) fails to accept a Deed and pay the portion of the Purchase Price for any Phase as required under (c) Redeveloper shall not interfere with, or construct this Agreement; or (iii) fails to commence or complete any improvements over, any public street or utility easement construction of the Minimum Improvements as required under this without the prior written approval of the City. All Agreement; then the Agency may give written notice to connections to public utility lines and facilities shall be Redeveloper of the occurrence of such event. If Redeveloper subject to approval of the City .and any private utility company has not cured such failure or failures within 30 days (or such involved. Except for public improvements which are assessable shorter period as may remain prior to expiration of any Letter h., he Ciry nr �r e. rt anonr�i � a�a,net nt__?r _ane_ired of Credit) after delivery of such notice, (or, if the failure nr`nar ��ll street and utility installations, relocations, is by its nature incurable within 30 days, has not furnished to alterations and restorations shall be at Redeveloper's expense -. the Agency assurances acceptable to the Agency. that the and without expense to the City or the Agency. Redeveloper at Redeveloper can and will •cure such failure or failures) then its own expense shall replace any public facilities or the Agency may (i) draw on any Letter of Credit which it then utilities damaged during demolition or construction. holds, (ii) take possession of and utilize in completion of the work such materials .and equipment as may be on the site of the Section 4.4 Certificate of Completion. work and necessary therefor, (iii) sell all or any part of the4 Phase w' to which the default has occurred to another -, (a).Promptly after completion of the Minimum re eve oper and iv dispose or all or any part or he hase Improvements in a Phase .in accordance with this Agreement; with re * ham jGnurred .as the Agency Agency will furnish Redeveloper with an appropriate Certificate deems to be in the public interest. of Completion for that Phase as conclusive evidence of satisfaction and termination of the agreements and covenants of (b) As security for performance by Redeveloper of all this.Agreement and the Deed for that Phase (except. as to the of its obligations under this Agreement, Redeveloper (i) has restrictions in -the Deed which expressly survive the filing of delivered the First Letter of Credit to the Agency concurrently the Certificate of Completion) with respect to the obligations with the execution of this Agreement, and (ii) shall deliver of Redeveloper to construct the Minimum Improvements in that the Second Letter of Credit to the Agency on or before the date Phase. The Certificate of Completion shall not constitute for adoption of a resolution by the Agency or the City setting evidence of compliance with or satisfaction of any obligation i a date for the first sale of- Bonds or other financing. of Redeveloper to'any Mortgagee. (c) On or before November 30, 1983, Redeveloper shall (b) If the Agency shall refuse or fail to.provide a. either authorize the Agency to proceed with acquisition of the Certificate.of Completion, the Agency shall, within 30 days Phase II and Phase III property, or shall give the.Agency a after written request by Redeveloper, provide Redeveloper with i written statement detailing the reasons why acquisition should a written statement specifying in what respects Redeveloper has be deferred. In any event, Redeveloper shall give the Agency failed to complete the Minimum Improvements in accordance with written authorization prior to December 31, 1984 to proceed this Agreement, or is otherwise in default, and what measures with acquisition of the Phase II and Phase III property. If -11- i —12— Redeveloper fails to give-any written authorization or pursuant to Section 5.2 hereof, and except those statement required under this Subsection (c), the Agency may remedies available to. Agency under Subsection (a) of draw upon any:Letter of Credit which it then holds and may this Section, shall be limited solely to. said Letters retain the full amount thereof as liquidated damages for of Credit and proceeds thereof. Redeveloper's default. Once Redeveloper has authorized the - Agency to proceed with acquisition of the Phase II and Phase Notwithstanding anything to the contrary herein contained, the III property, Redeveloper shall comply with the further Agency shall make no claim against Redeveloper for any amount requirements of the Time Table with respect to Phases II and in excess of the amounts set forth above. III. (d) Redeveloper acknowledges that defaults by it with ARTICLE V respect to.certain obligations under this Agreement may give Insurance and Condemnation rise to losses and damages to the Agency which are difficult or impossible to measure or determine. For this reason, Section 5.1 Defense of Claims. Redeveloper shall Redeveloper agrees that the damages to the Agency• in.no event indemnify and hold harmless the Agency and the City and their shall be deemed to be less than the aggregate amount of the respective officers, employees -and agents for any loss, damages Letters of Credit then held by the Agency. If the Agency draws and expenses (including attorneys' fees) in connection with any on any Letter 'of Credit, it may retain the full amount thereof claims or proceedings arising•_from damages or injuries received in compensation for its minimum damages resulting from or sustained by any person or property by reason of any actions Redeveloper's .defaults under this Agreement. . In consideration or omissions of Redeveloper or its contractors, agents, for the foregoing agreement by •Redeveloper .in regard to the officers or employees under this Agreement. Agency's minimum damages in the event of Redeveloper's default, the Agency agrees to the following limitations on Redeveloper's Section 5.2 Insurance. liability under thi.s Agreement: (i) The total liability f Redeveloper with (a) Redeveloper will provide the following insurance Y P at the time of conveyance of Redevelopment Property to respect to any default prior to written authorization Redeveloper and will maintain such insurance at all times to proceed with Phase II pursuant to Section 4.5(c), during the process of constructing the Minimum Improvements, including without limitation defaults with respect to and thereafter to the extent the Minimum Improvements are owned the payment of principal, interest and premium, if by Redeveloper, and at the request of the Agency will furnish _any, on Bonds and any other liabilities except those the Agency with copies of and proof of payment of premiums on insured against pursuant to Section 5.2 hereof, and the following insurance:' except those remedies available to Agency under Subsection (a) of this Section, shall be limited - (i) Builder's risk insurance, written on the solely to said Letters of Credit and proceeds thereof. so-called "Builder's Risk -- Completed Value Basis," in an amount equal to 100% of the replacement costs of (ii) Subject to (i) . (iii) hereof, and, except the Minimum Improvements at the date of completion, to the extent that Redeveloper's er's tax increment naming the Agency as an additional insured; with guarantee obligations under Section 6.1 hereof exceed coverage on the so-called "all risk," nonreporting said Letters of Credit proceeds, and except .for the form of policy; Agency's other remedies under Subsection (a) of this Section, the Agency shall make no claim against (ii) Comprehensive general public liability Redeveloper for any amount in excess of said Letters insurance, including personal injury liability (with of Credit proceeds. employee exclusion deleted) and automobile insurance, (iii) After Certificates of Completion have been against liability for injuries to persons and%or including owned, non-owned and hired automobiles, filed for Phases I and II, includ 4 without property with respect to any Phase owned by limitation defaults with respect to the payment of- Redeveloper, in-the minimum amount for each occurrence principal, interest and premium if any, on Bonds and and for each year of $1,000,000, endorsed to show the any other liabilities except those insured against Agency and the City as additional insureds; -13- -14- (iii) Worker's. compensation. insurance in compliance, extent of the taking. Upon receipt of any Condemnation Award, with all statutory requirements; Redeveloper shall elect to either: (i) use the entire Condemnation Award to reconstruct the Minimum Improvements (or, (iv) Contractual'liability insurance relating to in the event only a part of Minimum Improvements have been the indemnification set forth in Section 5.1,hereof'. taken, then to reconstruct such part) within the Project Area; or (ii) pay to the Agency out of,the Condemnation Award;. .the The policies. of insurance required under clauses (i), (ii) and amount necessary to pay the principal of, premium (if any) and (iv) above,shall be in form and content satisfactory to the interest on the Bonds. Agency and shall be placed with financially sound and reputable insurers licensed to transact business in the State of Minnesota.. The policies shall contain an agreement of the ARTICLE VI insurer to give not less than 60 days' advance written notice Tax Increment to the Agency in the event of cancellation of such policy or change affecting the coverage. Section 6.1 Tax Increment Guarantee. If the Agency determines that the tax increment generated by the Project Area (b) Redeveloper shall notify the Agency immediately in the case of any damage to the Minimum Improvements or any ficient to pay the principal, premium if any) portion thereof resulting from fire or other casualty. In the and interest whir wi 11 be due on the next interest payment, event of any such damage, Redeveloper will forthwith repair, date for any series of Bonds, then the Agency shall provide reconstruct and restore the Minimum Improvements to notice to Redeveloper of• such fact specifying• the amount of substantially the same or an improved condition as existed money which is equal, to the difference between (1) such sale prioc.to the event causing the damage and, to the extent n*�,, r,"_p" the tax increment which has been generated the necessary to accomplish such repair, reconstruction and Project Area and is available to pay the principal, premium (if restoration, Redeveloper may apply the Net Proceeds of any any) or interest on such.series of Bonds and (2) the amount of insurance relating-to such damage received by Redeveloper to principal, premium (if any) and interest which will be due on the costs thereof. Net Proceeds of any insurance relating to the next interest payment date for such series of Bonds (the such damage shall be paid to the Agency. amount of such difference.being hereinafter referred to as the "Tax Increment, Shortfall"). Thirty days after receipt of such (c) If Redeveloper is in compliance with this notice the Redeveloper shall pay-the amount of the Tax Agreement; then'any Net Proceeds of insurance relating to such Increment. Shortfall to the Agency, provided, however, the damage or•.destruction received by the Agency shall be released aggregate amount of Tax Increment Shortfall paid by Redeveloper from time.to time:-by:Agency to Redeveloper upon the receipt of pursuant to this Section 6.1 arid.not reimbursed b enc a certificate of an.-authorized representative of Redeveloper under the n ereo shall not excee a specifying the expenditures made or to be made or the an -point in time. 25t of, the principa an interest on the indebtedness incurred in connection with repair, reconstruction Bonds which has been paid and.which, is due and payable on the or restoration and stating that the Net Proceeds', together with next interest payment date for any series of Bonds. To the any other,moneys available for such purposes, will be extent that the amount to be paid by the Redeveloper to the sufficient-to complete the repair, reconstruction and Agency pursuant to this Section 6.1 is ever reduced .by the restoration, and the written approval of such certificate by limitation contained in the preceding sentence the the City's Building Inspector. Redeveloper shall complete the Redeveloper's obligation to pay the full amount of the Tax repair, reconstruction and restoration of the Minimum Increment Shortfall shall not be extinguished, and the Improvements at its expense, whether or not the Net Proceeds of Redeveloper shall remain fully obligated to pay the Agency the insurance are sufficient to pay the cost thereof. amount by which the Tax Increment Shortfall to be paid by the Redeveloper has been reduced and shall from time to time pay Section 5.3 Condemnation. If the Minimum• the amount of such reduction, or a portion thereof, at such Improvements or any material part thereof are taken in times when the payment of.such amount, or portion thereof, condemnation or by the exercise of the power of eminent domain together with all other amounts, of Tax Increment Shortfall.•paid by any, governmental body (except the Agency) prior to the by the Redeveloper pursuant to this Section 6.1 and Maturity Date, Redeveloper shall, with reasonable promptness reimbursed by the A4ency under the rov' ns o Section 6. after such taking,. notify the Agency as to the nature and i�e� re&F not t ca se aggregate amount Ot fax increment -15- -16- Shortfall paid by the Redeveloper pursuant to this Section 6.1 ARTICLE VII aI� nor roimhur Aei hV ha AQAn —A., rh. ——ieinns of Mortgage Financing to exceed 25% of the principal of and interest on aT1 Bonds which has been paid and which is due and Section 7.1 Mortgage Financing. within 120 days, payable on the next interest payment date for any series of after execution of this Agreement by Redeveloper, Redeveloper Bonds. The obligation of Redeveloper to make the payments shall submit to Agency evidence of a commitment for mortgage provided in this Section shall be absolute and unconditional, financing sufficient for construction of the Minimum and shall not be subject to any defense, right of set off, " Improvements on Phase I. A commitment for mortgage financing recoupment or counterclaim except the limitations of Section sufficient for construction of the Minimum Improvements on 4.5(d) hereof and exce o the ex uch a eats are Phases II and III shall be submitted in accordance with the reimhurseable aencv un er t e provisions o ec ion ,6.3 Time Table.. If the Agency rejects the evidence of mortgage. hereof. financing as inadequate, it shall do so in' writinq, specifying the basis for the rejection. In any event, Redeveloper shall Section 6.2 Taxes and Valuations. Redeveloper shall submit adequate evidence of mortgage financing within 30 days pay when due all'real estate taxes and installments of special after such rejection. assessments payable on a Phase subsequent to the date title to the Phase is conveyed to Redeveloper. Prior to the Maturity- Section 7.2 Limitation Upon Encumbrance of Property. Date of any Bonds outstanding, Redeveloper will not seek Prior to the completion of the Minimum Improvements, as "administrative• or judicial review of any statute, law, rule,, certified by the Agency; neither Redeveloper nor any successor Assessor's Market Value, Assessed Value, or other factor in•interest to the Redevelopment Property or any part thereof relating to the real estate taxes for the Redevelopment shall engage in any financing or any other transaction creating Property or the Redevelopment Project which would or-might any Mortgage or other encumbrance or lien upon the result in said taxes being insufficient in any year to pay the Redevelopment Property, whether by express agreement or principal and interest on all Bonds as such amounts become due. operation of law, or suffer any encumbrance or lien to be made on or attach to the Redevelopment Property, except with the Section 6.3 Reimbursement to Redeveloper. If the prior written approval of the Agency, and for the purposes of Redeveloper makes any payments to the Agency under Section 6.1 obtaining funds only to the extent necessary for acquiring the hereof it shall be. entitled-to reimbursement for such payment Redevelopment Property and constructing the Minimum- by the Agency, without interest thereon, but only out of the Improvements. The Agency shall not approve any Mortgage which amount of tax increment generated by the Project received by does not conform to the requirements of this Agreement. the Agency in any year which, together with anv tax increment ener a Section 7.3 Approval of Mortgage. -The Agency shall on is La excas_ , or 115% of the principal and interest to approve a Mortgage if the Agency first (a) receives a copy of be paid on the Bonds in such year and is not needed by the all- mortgage documents; (b) determines, in its sole discretion, Agency to pay any other public costs of the redevelopment of that the Mortgagee is a responsible lender capable of.making the Project Area. The obligation of the Agency to reimburse the mortgage loan; (c) determines, in its sole discretion, that the Redeveloper is expressly limited to such excess tax the mortgage loan, together with other funds available-to increment, and no other moneys or other property or revenues of Redeveloper, will be sufficient to construct the Minimum the Agency or City shall be available to reimburse the Improvements on the Phase or Phases to be covered by the Redeveloper. If such excess tax increment is not available to Mortgage; (d) determines that no Event of Default has occurred; the Agency in an amount sufficient to reimburse the Redeveloper and (e) determines, in its sole discretion, that the terms of under this Section 6.3 the Agency shall be under no- obligation the Mortgage conform to the terms of this Agreement. to reimburse the Redeveloper for an amount greater than such excess tax increment. The Redeveloper agrees that the Section 7.4 Copy of Notice of Default to Mortgagee obligation of the.Agency to reimburse the Redeveloper shall not Whenever the Agency shall deliver any notice or demand to . constitute a debt of the-Agency or the City. Redeveloper with respect to any breach or default by Redeveloper in its obligations or covenants under this Agreement, the Agency shall at the same time forward a copy of such notice or demand to the Mortgagee at the last address of such Mortgagee shown in the records of the Agency. -17- -18- Section 7.5 Mortgagee's Option to Cure Default. Agency, and without prior written approval of the Agency, (a) After any breach or default by Redeveloper, a Mortgagee shall there shall be no transfer by any Partner of the partnership (insofar as the rights of the Agency are concerned) have the interests in Redeveloper (which term shall be deemed for the right, at its option, to cure or remedy such breach or default purposes of this and related provisions to include successors . on behalf of Redeveloper; provided, however, that if the breach in interest of such interests or any part thereof or interest or default is with respect to construction of the Minimum therein), (b) nor shall any Partner suffer any such transfer to Improvements, nothing-contained in this Agr,�ement shall be be made, (c) nor shall there be or be suffered to be by.- deemed to permit the Mortgagee, either before or after Redeveloper, or by any Partner any other similarly significant foreclosure or action in lieu thereof, to undertake or continue change in the ownership of such interests or in the relative the construction of the Minimum Improvements without first distribution thereof, or with respect to the identity of the having expressly assumed Redeveloper's obligations, by written parties in control of Redeveloper or the degree thereof, by any agreement satisfactory to the Agency, to complete the Minimum other method or means. So long as Kraus- •Improvements. Com an re e eveloner. this Section shal e r Section 7.6 Agency's Option to Cure Default on a—transfer from - om an as Mortgage. If Redeveloper is in default under any Mortgage, the an other Partner or Mortgagee shall within 10 days after it or any of its agents or . employees become aware of any such default notify the Agency in they b 1 1 ado ion b him or b an writing of: (a) the fact of the default; (b) the elements of o TI-7—s a item r le al a o e e e the default; and (c)' the actions required to�cure the default. o ec iv o an trust estab is e If, within 30 days after receipt of said notice, the Agency or of t e esc an s o 0 commences the actions necessary to cure the default (and cures a sma an of the default within 6 months after receipt of said notice), then his escendan re eneral artn the Mortgagee shall pursue none of its remedies under the Mortgage based upon the default. In the event of a transfer of Engelsma nr bv anv of his descendants or any trusts or, title to the Redevelopment Property to the Agency, or a third partnership previously described above herein, party approved by the Agency, whether or not required to cure a default under the Mortgage, said transfer shall not constitute Section 8.3 Transfer of Property and Assignment. an event of default or cause an acceleration of the Redeveloper (except as expressly authorized in this Agreement) indebtedness under the Mortgage. In the event of said has not made and will not make, or suffer to be made, any total . transfer, the Mortgagee shall permit the transferee to assume or partial sale, assignment-, conveyance, lease, or other all outstandinq obligations (and receive all remaining transfer, with respect to.this;,Agreement or the Redevelopment disbursements) under the Mortgage. Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Agency. The Agency shall be entitled ARTICLE VIII to require as conditions to any such approval that: (i) the Prohibitions Against Assignment and Transfer proposed transferee have the qualifications and financial responsibility, as determined by the Agency, necessary and Section 8.1 Representation as to Redevelopment. The adequate to fulfill the obligations undertaken.in this a Redeveloper represents and agrees that its purchase of the Agreement by Redeveloper; (ii) the proposed•trnsferee, by Redevelopment Property, and its other undertakings pursuant to recoidable•instrument satisfactory to the Agency shall, for the Agreement are, and will 'be used, for the purpose of itself and its successors and assigns, assume all of the redevelopment of the- Redevelopment Property. The Redeveloper obligations of Redeveloper under this Agreement. No transfer further recognizes that a transfer of all or a substantial part of, or change with respect to, ownership in the Redevelopment of the partnership interests in the Redeveloper or any other Property or any part thereof, or any interest therein, however act or transaction resulting in a significant change in the consummated-or occurring and whether voluntary or involuntary, ownership are of particular concern to the City and the Agency. shall operate, legally or practically, to deprive or limit the Agency of or with respect to any rights or remedies or controls Section 8.2 Transfer of ownership. Prior to provided in or resulting from this Agreement with respect to completion of the Minimum Improvements as certified by the the Redevelopment Property and the construction of the Minimum -19- -20- Improvements that .the Agency would have had, had there been no notice to. Redeveloper specifying such failure and requesting such transfer or :change. There -shall be submitted to the that it be-remedied (or within such other period as otherwise Agency for review all legal documents- relating to the transfer. expressly provided in this Agreement). In the absence of ,specific written agreement,by the. M. If Redeveloper or a Partner shall admit,in Agency to -the contrary, no such transfer or approval by the i writing its inability to pay its debts generally as they become Agency thereof shall be deemed to relieve Redeveloper, or any due, or shall file a petition, in,bankruptcy, or shall 'make an other party bound in any way by this Agreement or otherwise assignment for .the benefit of its creditors, or shall consent with respect to the construction.of. the Minimum improvements, to the appointment of a receiver of itself or of the whole or from any of its obligations with respect thereto. 5 :__ any substantial part of the Redevelopment Property. Section 8..4 . Information as to Partners..* Redeveloper (g) If Redeveloper or a Partner shall file a petition will promptly notify the Agency of any changes in the ownership or .answer seeking-reorganization or arrangement under the of Redeveloper, or with respect to the identity of the parties federal bankruptcy laws. in control of Redeveloper or the degree thereof, ,of which it has been notified or otherwise had knowledge. Redeveloper .(h) If Redeveloper, or a Partner., on a petition in shall, at such time or times as -the Agency may request, 'furnish bankruptcy filed against it, be adjudicated a bankrupt, or a the Agency with- a complete statement, subscribed and sworn to court. of 'competent jurisdiction shall enter an order or.decree by the President or other executive officer of each partner of - appointing, without the consent of the Redeveloper or the the Redeveloper, setting forth all of the owners •of ,Redeveloper Partner, a receiver of all or substantially all of its and the extent of their respective.holdings. property, or approve a petition seeking reorganization or arrangement under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated on set aside ARTICLE IX or stayed within 60 days from the date of entry thereof. Events of Default (i) If Redeveloper is in default under any Mortgage Section 9.1 Events of Default. The following shall be and fails to cure any such default, within 30 days after written "Events of Default" under this Agreement and the term "Event of demand from the Agency to do so. , Default" shall mean, whenever it is used in this Agreement (unless the context otherwise.provides), any one or more of the Section 9.2 Remedies on Default. whenever any Event following events (and the term "default" shall mean any event of Default referred to in Section 9.1 occurs, the Agency may which would.with the passage of time or giving of notice, or _ take any one or more of the following actions: both, be an "Event of Default" hereunder): (a) Suspend its performance under this Agreement (a) Failure of Redeveloper to deliver the Second I until it receives assurances from Redeveloper, deemed adequate Letter of Credit or pay when due the payments required by the Agency, that Redeveloper will cure its de£ault. and hereunder. continue its performance under this Agreement. (b) Failure of Redeveloper to construct or (b) Terminate all rights of Redeveloper under this reconstruct the-Minimum Improvements as required hereunder. Agreement. (c) Failure-of Redeveloper to furnish the (c) Draw upon any Letter of Credit which it holds. Construction Plans as required hereunder. (d) Withhold any Certificate of Completion.. (d) Failure of Redeveloper to pay real estate taxes as required hereunder. (e) Withhold Net Proceeds. (e) Failure of Redeveloper to observe and perform any (f) Take whatever action at law. or in equity may' covenant, condition, obligation or agreement on its part to be appear necessary or desirable to the Agency to collect any-- observed or performed hereunder, within 30 days after written -payments due under this Agreement, or to enforce.performance. -21- -22- and observance of .any obligation, agreement, or covenant of the interest therein, or any change in the ownership of . . . • Redeveloper under this Agreement, subject; however, to the Redeveloper; or with respect to the identity of the parties in liquidated damages-provisions of Section 10.8 hereof and the control of Redeveloper or the degree thereof, and such limitations on Redeveloper.'s liability as set forth in Section violation shall not be cured within 60 days after written 4.5 hereof. demand by the Agency to Redeveloper.; or Section'9.3. Revesting of Title. in the event that (e) Redeveloper -fails to comply with any of its subsequent to conveyance of a Phase to Redeveloper: covenants under this Agreement or is in breach of the requirements,of a Deed and fails to cure any such noncompliance (a) Redeveloper• (or successor in interest) shall fail or breach within 30 days after written demand to do so; or to begin construction of the Minimum Improvements on that Phase in conformity with this Agreement, such failure is not due to (f) Redeveloper is in default under any Mortgage Unavoidable Delays, and such failure is not cured within 30 authorized by this Agreement and fails to cure any such default days after written notice to do so; or within 30 days after written demand by the..Agency to do so, . (b) Redeveloper (or successor- in interest) shall, then the Agency shall have the right to re-enter and take after .commencement of the construction of the Minimum possession of that Phase and to terminate (and revest in the Improvements on that Phase, default in or violate its Agency) the estate in that Phase subject to Mort a es a roved obligations with respect to the construction of the Minimum urs a conveyance o Improvements (including the nature thereof or date for any ase to a eveloper shall be made subject to reversionary completion thereof), or shall abandon or substantially suspend provisions to the effect that in the event of any default on construction work, such act or actions is not due to the part of Redeveloper and failure of Redeveloper to remedy Unavoidable Delays and the same is not cured within 30 days the default -within the period stated, the Agency at its option after written demand by the Agency so to do; or may declare a reversion in favor of the Agency of •the- title to the P (c) Redeveloper (or successor in interest) shall fail Phasehase, and of all the rights and interests in and to that to pay real estate taxes or assessments• on any Phase when due, or shall place thereon any encumbrance or lien unauthorized by Section 9.4. Resale of ReaciTuired Property; this Agreement, or shall suffer any levy or attachment to be Disposition of Proceeds. Upon the revesting in the Agency of made, or any materialmen's or mechanics' lien, or any other title to a Phase, the Agency shall use i,ts best efforts'to. ' unauthorized encumbrance or lien to attach, and such taxes or resell the the Phase as soon and in such manner as the. Agency assessments shall not 'have been paid, or-the encumbrance or shall find feasible and consistent,.with'the objectives of lien removed or discharged or provision satisfactory to the applicable law and the Redevelopment Plan to a qualified and Agency made for such payment, removal, or discharge, within 30 responsible party or parties. (as determined by the Agency in days after written demand by the Agency so to. do; provided, its sole discretion) who will assume the obligation of making that if Redeveloper shall first notify the Agency of its or completing the Minimum Improvements or such other intention to do so, it may in good ,faith contest any mechanics' improvements in their stead as shall be satisfactory to the or other lien filed or established and in such event the Agency Agency. Upon such resale,' the proceeds shall. be applied to- (i) shall permit such mechanics' or other lien to remain reimburse the Agency on its own behalf or on behalf of the. .• undischarged and unsatisfied during the period of such contest City, for all costs and expenses incurred by the Agency.or"-the and any appeal, but only if Redeveloper,provides the Agency City, including,but not limited to salaries of-personnel, in with a bank letter of credit in the amount of the lien, in a r connection with the-recapture, management,, and resale of the form satisfactory to the Agency pursuant to'-which the bank will Redevelopment.Property or part thereof; (ii) all taxes,' pay to the Agency the amount of any lien in:the event. that the i assessments; and water and.sewer charges with respect, to the lien is finally determined to be valid- and during the course of Redevelopment'Property or .part thereof (and if the such contest Redeveloper.shall'keep the Agency informed i Redevelopment Property is exempt from, taxation or assessment or respecting the status of such defense; or utility charges during the period of 'ownership by the Agency, an amount equal to such taxes, assessments, or charges (as :- '(d) there is, in violation of this Agreement, any determined by the City assessing official) as would have been transfer.of, any part of the .Redevelopment Property or any payable if the Redevelopment Property were not so exempt); -23- -24- (iii) any payments made or necessary to be made to discharge personally. liable to RedeveloPer, or any successor in interest, any encumbrances or liens existing 'on the Redevelopment in the event of any default or breach by the Agency or for any Property at the time- of revesting of title in the Agency or to amount which may become due to Redeveloper or successor or on discharge or prevent from attaching or being made any any obligations under the terms of this Agreement. . subsequent encumbrances or liens due to obligations, gefaults or acts of Redeveloper, its successors or assigns; (iv) any . Section 10.2 Equal Employment Opportunity. expenditures made or obligations incurred with respect to the Redeveloper, for itself and its successors and assigns, agrees making or completion of the Minimum Improvements; and (v) any that during the construction of the Minimum Improvements: amounts otherwise.owing the Agency by Redeveloper or its successors or assigns. Any balance remaining after such i (a) Redeveloper will not discriminate against any reimbursements shall be retained by the Agency as its property. employee or applicant for employment because of race, color, religion, sex, or national origin. Redeveloper will take Section 9.5. No Remedy Exclusive. No, remedy herein affirmative action to insure that applicants are employed, and conferred upon or reserved to the--Agency is intended to be that employees are treated during employment, without regard to exclusive of any other available remedy or remedies, but each their race, color, religion, sex, or national origin. Such and every such remedy shall be cumulative and shall be in action shall include, but not be limited to,, the following: addition to every other remedy given under this Agreement or employment, upgrading, demotion, or transfer; recruitment or now or-hereafter existing at law or in or by statute, recruitment advertising; layoff or termination; rates of pay or subject; however., to the limitations of Section 4.5 hereof and other forms of compensation; and selection for training; the liquidated.-damages. provisions of Section 10.8 hereof. No including apprenticeship. Redeveloper agrees to post in delay or omission to exercise any. right or power accruing upon conspicuous places, available to employees and applicants for any default shall impair any such right or power or shall be employment, notices to be provided by the Agency setting forth construed- to be a waiver thereof, but any such right and power the provisions of this nondiscrimination clause. may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Agency or (b) Redeveloper will, in all solicitations or Redeveloper to exercise any remedy reserved to it, it shall not advertisements for employees placed by or on behalf-of be necessary to give notice, other than such notice as may be Redeveloper, state that all qualified applicants-will receive required under this Agreement. consideration for employment without regard to race, color, religion, sex or national origin. Section 9.6. waivers. All waivers by the Agency, shall be in writing. If any provision of this Agreement is (c) Redeveloper will include the provisions of this breached by either party and thereafter waived by the other Section in every contract or purchase order, and will require party, such waiver shall be limited to the particular breach so the inclusion of these provisions in every subcontract entered waived and shall not be deemed to waive any other concurrent, into by any of its contractors, unless exempted by rules, previous or subsequent breach hereunder-. regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of ARTICLE X September 24, 1965, so that such provisions will be binding Additional Provisions upon each such contractor, subcontractor, or vendor, as the case may be. Redeveloper will take such action with respect to Section 10.1 Conflict of Interests; Agency any construction contract, subcontract, or purchase order as Representatives Not Individually Liable-, -Wo••member,- official, ,- •-. ----•--- the Agency may direct as a lawful..means-of enforcing such employee, or consultant or employees of the consultants of the. provisions, including..sanctions for noncompliance; provided, Agency shall have any personal interest, director indirect, in- however, that in the event Redeveloper becomes involved in, or -this Agreement, nor shall anysuch member, official, consultant - is threatened with, litigation with a subcontractor or vendor or -the consultant's employees or employee participate in any, as a result of such direction by the Agency, Redeveloper may . decision relating to this Agreement which affects his .or her I not request to ,involve the Agency.- personal interests or the interests of any corporation, partnership, or association in which he or .she is directly or Section 10.3 Restrictions on Use. Redeveloper agrees indirectly interested. No member, official, consultant or the for itself, and. its successors and assigns, and every successor consultant's-employees; or employee of the Agency shall be .in -interest to the Redevelopment. P.roperty, or any part thereof; -25- -26- that-Redeveloper, and such successors and.assigns, shall devote (a)," If Redeveloper does not submit to the Agency a . the Redevelopment Property to, and only to and in- accordance commitmerit for Mortgage financing for the Minimum Improvements with, the uses specified in the Redevelopment Plan and this to be'constructed on Phase I', which is acceptable to the. Agreement, and shall not discriminate upon the basis of race, Agency;•by a _date 120 days after the date hereof.-- color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property (b) If Redeveloper does not submit to the Agency a or any improvements erected or to be erected thereon, or any commitment for Mortgage-"financing for- the Minimum Improvements part thereof. to be constructed on Phases II and ,III, which is acceptable to the Agency, by the date specified in the Time Table. Section 10.4 Provisions Not Merged with Deed. None of-the provisions of this Agreement are intended to or shall be (c) If .the Agency does not acquire title to the merged by reason of any Deed and any such Deed shall not be Redevelopment Property pursuant to the Time Table. deemed to affect or impair the provisions and covenants of this Agreement. (d) If the Agency does not convey title and possession of the Redevelopment Property to the Redeveloper Section 10.5 Titles of Articles and Sections. Any pursuant to the Time Table. titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and (e) If the Redeveloper gives written notice to the shall be disregarded in construing or interpreting any of its Agency within 30, days after the date of this Agreement that provisions. soil conditions on any of the Redevelopment Property are so adverse as to substantially affect the economic feasibility of Section 10.6 Notices and Demands. Except as construction of the Minimum Improvements, such notice is to be otherwise expressly provided in this Agreement, a notice, accompanied by evidence of such adverse soil conditions demand, or other communication under this-Agreement by either reasonably satisfactory to the Agency. party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage Termination of this Agreement due to the occurrence of prepaid, return receipt requested, or delivered personally; and any of the foregoing must be accomplished by written notification to the other party of the intention to terminate, (a) in the case of Redeveloper.; addressed to or and the party giving such notice shall then have the right to delivered personally to Redeveloper % The Arkell Development terminate by a second written notice given within 30 days after Corporation, 2680 North Oxford, No. 126, Roseville, Minnesota the first notice if such-condition has not been met prior.to 55113,.with a copy to Kraus-Anderson Realty Company, 523 South expiration of the 30-day period. 8th Street, Minneapolis, Minnesota 55404. If this Agreement is terminated pursuant to item•(a) (b) in the case of the Agency, addressed or delivered of this Section, the Agency may draw upon the First Letter of. personally to the Agency's Executive Director,-3301 Silver Lake Credit and may retain the full'amount' thereof 'as'liquidated Road, St. Anthony, Minnesota 55418, or at such other address damages. If this Agreement is terminated pursuant to item (b) with respect to either such party as that party may, from time • of this Section, it shall be deemed terminated only with to time, designate in writing and forward to .the other as respect to Phases II and III, and the Agency may draw upon all provided in this Section. Letters of Credit held by it and retain the full amount thereof as liquidated damages for Redeveloper's obligations but Section 10.7. Counterparts. This Agreement is Redeveloper shall remain liable for any amounts owing to'the executed in any number -of counterparts, each of-which shall Agency; or thereafter accruing, with respect to Phase I and constitute one and the 'same instrument. with respect'-to the tax increment guarantee set forth in Section 6.1 hereof. If this Agreement is terminated pursuant Section 10.8. Termination. This Agreement may be to items (c)y (d) or^(e)•of this Section in connection with terminated by either Redeveloper or the Agency upon the Phase• f--ihe'Letters of CYedit. shall be returned to.Redeveloper occurrence of any of the following: if it is not in default hereunder, and neither party shall have any further rights or obligations under this Agreement. If termination pursuant to item (c) or (d) is in connection with -27- -28- Phase II, this Agreement shall be deemed terminated only with days prior to its expiration, it may be drawn upon by the respect to Phase II and III and shall remain in effect with Agency without notice to Redeveloper. respect to Phase I.. If termination pursuant to item (c) or (d) is in connection with Phase III, this Agreement shall be deemed Section 10.12 Condominium Documents. No documents terminated only.with respect to-Phase III and shall remain in relating to any condominium on the Redevelopment Property shall effect with respect to-Phases I and II. • be executed, delivered or filed without the prior written approval of the Agency,, which approval will not be unreasonably Section 10.9. Arbitration. A party aggrieved by any withheld=whenever dispute regarding any part of this Agreement shall proceed to arbitration rather than litigation in the Courts. Either party 10.13 Reasonable Consent of Parties. Except shall have authority to appeal said dispute. Said appeal shall provals of the•'Agency under Article VIII be in writing and shall be addressed to the other party asking in this Agreement the consent or approval of for arbitration. The point of dispute of the parties shall be quired such consent. shall not be unreasonably referred to a Board of Arbitration. The Board of Arbitration shall consist of three persons; one to be appointed by the Agency, one to be appointed by Redeveloper, and'the third to-.be IN WITNESS WHEREOF, the parties have caused this. , -appointed by the two so selected. If the two persons appointed Agreement to be duly executed as of the date first above. do not appoint- the third person within 15 days after their written. appointment, then the Chief Judge of the District Court of Hennepin.County shall have jurisdiction to appoint, upon application of either of both of the two earlier selected, the HOUSING AND REDEVELOPMENT AUTHORITY third person to the Board of Arbitration. The arbitrators' OF ST. ANTHONY, MINNESOTA expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the parties unless By the Board of Arbitration determines that the matter was not Its Chairman instituted in good faith, in which case the Board of Arbitration may assess the costs of arbitration against either party as it determines to be fair to the parties. . Arbitration By shall be conducted in accordance with the Uniform Arbitration Its Secretary Act, Chapter 572 of the Minnesota Statutes, except as herein otherwise expressly provided. Section 10.10 Section 202/8 Project. Redeveloper shall enter into a purchase agreement with a non-profit STATE OF MINNESOTA ) corporation to provide for conveyance of a portion of Phase II ) SS and/or. Phase III to that corporation for development of a HUD COUNTY OF HENNEPIN ) Section 202/8 Project in accordance with the Proposal, which purchase agreement shall.be contingent upon.approval of the The foregoing instrument was acknowledged before me sale by the Agency and upon HUD approval of the project.. this day of 1983, by Chairman and Secretary of the Housing -Section 10.11 Letters of Credit. Upon-issuance of -- •••-•and••-Redevelopment Authority•of St. Anthony;-Minnesota. the Certificate of Completion for Phase I, Redeveloper may substitute a Letter of Credit in the amount 'of. $360,000 for the l First and Second Letters of Credit: All Letters of Credit Notary Public shall have an expiration date no 'earlier than December 31, 1988, or shall be replaced by Redeveloper prior to their expiration with .a new Letter of Credit or Letters of Credit in an amount equal .to the Letters of Credit which they replace. -If a Letter of Credit is not replaced on or before a date 10 a Minnesota general partnership -29- -30- ARKAND PARTNERSHIP STATE OF MINNESOTA ) ) SS By THE ARKELL DEVELOPMENT COUNTY OF HENNEPIN ) CORPORATION, a partner The foregoing instrument was acknowledged before me this day of 1983, by By and respectively the Its President i and of KRAUS-ANDERSON REALTY COMPANY, a partner of Arka rtnershi a Minnesota general partnership, on behalf o e par n �p And Its Notary Public And KRAUS-ANDERSON REALTY COMPANY, a partner By Its And Its STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 1983, by and respectively the President and of THE ARKELL DEVELOPMENT CORPORATION, a partner of Ar'a A Da "t 6-hin a Minnesota general partnership, on behalf of the partnership. Notary Public i e -31- -32- I • SCHEDULE A • • REDEVELOPMENT PROPERTY All that part of Lots 3, 4, 5, 6, 7 and 8, Block 4, and of All that part of Lots 1, 2, 11 and 12, Block 5, Lots 1, 9, 10 the vacated alley in Block 4, and of vacated Harding Street and 11, Block 4, vacated Harding Street Northeast, vacated Northeast, St. Anthony Village Commercial Center Addition No. Sunset Avenue and the vacated alley in Block 4, St. Anthony 1, lying within the following described boundaries: Village Commercial Center Addition No. 1, Hennepin County, Beginning a a point in the Northeasterly line of said Block Minnesota, described as follows: Beginning at a point in the 4, 88 feet Northwesterly from the Northeast corner of said I Northeasterly line of said Lot 1, Block 4, 88 feet Block 4, thence South 27 Degrees 43 Minutes West at-right Northwesterly from the Northeast corner of said Lot 1, as angles 254 feet, thence.South 62 Degrees 17 Minutes East at measured along said Northeasterly line,' thence ruining South right angles 169.99 feet more or Bless to a point in a line 27 Degrees 43 Minutes West; and at right angles. to the bearing South 89 Degrees 53 Minutes 07 Seconds East from a Northeasterly line of-said Block.4, 254 feet, thence running point in the hest line of Block 5, said St. Anthony Village North 62 Degrees 17 Minutes West, 150.78 feet, thence running Commercial Center Addition No. 1 distant 253.14 feet South due West, 214.72' feet more "or. less to a point in the west from the Northwest corner of said Block 5, said point being line of said Block 5, which point is 104.95 feet South of the the actual point of beginning of the tract of land to be Northwesterly corner of said Block 5, as measured along the described, thence North 89.Degrees 53 Minutes 07 Seconds West West line of said Block S, thence running due North along along said line 229.98 feet, thence South 16 Degrees 24 said West line 104.95 feet to the Northwest corner of said Minutes 37 Seconds East 288.97 feet more or less to a point Block 5, thence running North 51 Degrees,.26 Minutes East in the South line of said Block 4, thence due East along said along the Northwesterly line of said Block 5 and its South line 199.24 feet more or less to the Southeast corner extension thereof 312.35 feet more or less to a point which of said Block 4, thence North 0 Degrees 34 Minutes West along is 25 feet Northeasterly from the Southwesterly line of the East line of said Block 4, 251.32 feet more or less to a Sunset Avenue as measured at right angles to said point in a line bearing South 62 Degrees 17 Minutes East from Southwesterly line, thence the actual point of beginning', thence north 62 Degrees 17 running South 62 Degrees 17 Minutes East-parallel with' said Minutes West 54.68 feet more or less to the actual point of Southwesterly line 264.05 feet more or less to a point in a beginning. For the purpose of this description the South line bearing North 27 Degrees 43 Minutes East from the point line of said Block 4 is considered to be a due East and West of beginning, thence ruining South 27 Degrees 43 Minutes line, according to the plat thereof on file and of record in West,-25 feet to the point of beginning. For the purpose of the office of the Register of Deeds in and for Hennepin this description the West'line of said Block 5 is considered County, Minnesota. to be a due North and South line. Excepting that part of the rL above described premises lying within Lots 1, 9 and 10, Block All that part of Lots 2, 3, 8 and 9, Block 4 end of the 4, including.the adjoining portion of Sunset Avenue and alley vacated alley in Block 4 and all that part of Lots 2, 3, 4, adjoining said lots, now vacated, according to the recorded 9, 10 and 11, Block 5 and of vacated Harding Street Northeast plat thereof, and situate in Hennepin County, Minnesota. In St. Anthony village Commercial Center Addition No. '1, according to the plat thereof on file in the office of the IIThat part of the Northwest 1%4 of Section Seven (7), Township Register of Deeds in end for said Hennepin County lying Twenty-nine (29) North, Range Twenty-three (23) West of the within the following described boundaries: Beginning at a Fourth Principal Meridian described as follows: commencing point-in the Northeasterly line of said Block 4, 88 feet at the point of intersection of a line drawn parallel with Northwesterly from the Northeast corner of said Block 4 as end 1079.8 feet North of the South line of said Northwest 1/4 measured along said Northeast line, thence running South 27 with the original Northwesterly line of the County State Aid Degrees 43 Minutes West at right angles to the Northeast line Highway No .153, also know as'Kenzie Terrace, formerly known of said Block 4, 254 feet to the actual point of beginning of as County Highway No. 33, said Northwesterly line being 33 ----the-tract of.land to be described, thence ruining North-62--- - -•• --Peet Northwesterly of, measured at right.angles, to the Degrees 17 Minutes West at right angles to the last described centerline of said Highway; thence Southwesterly along the course 150.78 feet thence ruining-due West 84.72 feet, thence original Northwesterly line of,said County Highway. 300 feet running due North 1.60 u feet, thence running North 89 Degrees -to the actual point of beginning of the tract of land to be 53 Minutes 07 Seconds West, 130 feet to a point in the West described; thence continuing Southwesterly along said line of said Block 5 which point is 103.09 feet South of the original, Northwesterly line of said Canty Highway, 300 feet; Northwest corner of said Block 5, thence running due South thence Northerly to a point 1141.74 feet East of the west along the West.line of.said Block 5•, 150.05 feet,,-thence I' line of said Northwest 1/4 and 1079.8.feet North of the South running South-89 Degrees 53 Minutes 07 Seconds East, 498.68 line of said Northwest 1/4; thence East parallel with the feet more or less to a point in a line.bearing South 62 South line of said Northwest 1/4 to an intersection with a Degrees 17 Minutes East from the actual point of beginning, line drawn Northwesterly from the actual point of beginning thence running North 62 Degrees 17 Minutes West along said and at right angles to the original Northwesterly line of line 169.99 feet, more or less to the actual point of said County Highway; thence Southeasterly along said right beginning. For the purpose of this description the West line angle line to the actual point of beginning, except that part of Block 5 is considered to be a due North and South line, thereof taken for the widening of County Highway No. 33 according to the recorded plat thereof, and situate in according to the United States Government Survey thereof, Hennepin County, Minnesota. I situated in Hennepin County, Minnesota. The Easterly One Hundred (100) feet of that part of the South One-half (S 1/2) of the Northwest Quarter (NW 1/4), Section Seven (7), Township Twenty-nine (29), Range Twenty-three (23); beginning at a point in the South line of said Tract One Hundred (100) -feet.East of the Southwest corner thereof, SCHEDULE B thence North Ten Hundred Seventy-nine and 8/10 (1079.8) feet, thence East parallel to the South line of said quarter MINIMUM IMPROVEMENTS section Ten Hundred Forty-one and 74/100 (1041.74) feet, i thence South to center-of State Highway No. 63, thence Southwesterly along said center line•of State HiJiway•,NO:. 63 and St;.Anthony and Taylor Fells Road to intersection of w Phase I - 4 story, 134 unit 'building; frame construction; brick ar;q , center line of said road with the South line of said quarter wood exterior. section, thence west along said latter line to the point of _ beginning, according to.the United States Government Survey Building amenities include but are not limited to greenhouse on each thereof and situate in Hennepin County, Minnesota. floor arts and crafts; guest room (2 total); card room; public toilet; - ' library; workshop; trash chute (each floor); 2 elevators (1 passenger, 1 freight); underground parking (82 stalls) with visitor parking; secur- ity office (full time); manager's office; lounge; full building security system with emergency buzzer system (each room); central TV antennae with cable hookup; janitor's closet (each floor); central fire alarm . system/fire sprinkler system; hanicapped li, ' _.,mac; outdoor patio/ decks; ,storage;. kitchen appliance packs- .. each unit; parking areas with asphalt surface of B-6 contra}- ..j and curb returns, 1.5 spaces• per dwelling unit; landscaping; x sidewalks; entrant- areas designed for.'handicapped eccer .,p-off islands and drive:..,, trian crossing et Kenzie T: e Phase II, Build story building; frame construction; brick exterior; bui' wenities include: - security/manager's office; elevator: .cy room; trash chute; public toilet; janitor'.s- close• cloor); full building security system with emergency bx,- ,item (each floor); fire sprinkler/central fire alarm systems; �1 TV antennae with cable hookup; handicapped living unit; 40 ' ...elling units are planned, including parking areas and asphalt driveways•with concrete B-6 curb and curb returns. 1 apace per dwelling unit; landscaping outdoor recreation areas; sidewalks and a drop-off isle. • Phase II, Buildin C - 5-8 story building; poured concrete construe- itan; rick en woad exterior; building amenities include greenhouse (each floor); arts and crafts rooms; guest rooms; card room; public toilet; library; workshop; trash chute (each floor); 2 elevators (1 passenger/l freight); underground parking, 117 stalls-(visitor parking, ramp); security office'(full time);.manager's office; lounge; ' full building security system with'emergency buzzer system in each room; central-TV antennae with cable hookup; janitor's closet (each floor); fire sprinkler/central fire alarm systems; handicapped living ! unit; outdoor patio/deck; storage; kitchen appliance package and roof garden; landscaping; parking with asphalt surface, 1.5 spaces per dwelling unit; asphalt driveways; sidewalks; outdoor recreation areas; drop-off islands and bus turnout with bus shelter on Kenzie Terrece total number of units will be at least 117. 1 o Phase III Build in s D end E - 4-8 story buildings; poured concrete i SCHEDULE S-1 construction; brick wood exterior; building amenities include ASSESSED VALUES OF MINIMUM IMPROVEMENTS greenhouse- (each floor); arts and crafts; guest room; card room; public toilet; library; workshop; trash chute (each floor); 2 eleva- tors (1 passenger/l freight); underground parking (106 stalls); visitor Phase L $1,272,000 Parking (ramp); security office (full time) including security system ; with emergency-buzzer system in each room; central TV antennae with---- i Phase II $1,946,500 cable hookup (each room); fire'sprinkler/central fire alarm systems; outdoor patios/decks; storage; kitchen appliance package;.rooftop gardens/ Phase III $3,266,000 landscaping/outdoor recreation areas;- asphalt driveways, including parking with 1.5 spaces per dwelling unit; asphalt and B-6 concrete curb; sidewalks; pond area with aerator.; Phase III will consist of at least 204 dwelling units. } s i ( _f SCHEDULE C ? SCHEDULE D i ALLOCATION OF PURCHASE PRICE TO PHASES The following events shall take place by the date specified or by the specified number of days after the previous event, Phase I $375,200 whichever occurs later. Phase II $439,600 TIME TABLE Phase III $571,200 Phase 1 May 24, 1983 Signing of Redevelopment Contract June 7, 1983 Application by Redeveloper to City for PUD (14 days). approval. Submission of Concept Plan to City. i June 21, 1983 Public Hearing on PUD Concept Plan by s (14 days) Planning Commission and recommendation to Council. June 28, 1983 Council consideration of PUD Concept Plan. (7 days) July 12, 1983 Redeveloper submits PUD Detailed Plan to (14 days) City. August 2, 1983 Delivery of Second Letter of Credit to (21 days) Agency. Delivery of Mortgage commitment s to Agency. August 16, 1983 Redeveloper submits Construction Plans to F (14 days) Agency. Public Heating on PUD.Detailed Plan by Planning Commission and. recommendation to Council: August 23, 1983 Council consideration of PUD Detailed Plan (7 days) and Final Plan. Resolution setting date for sale of Bonds. September 27, 1.983 Sale of Bonds. (34 days) f October +" 1983 Closing of sale of Phase I to Redeveloper. (18days { November 1983 Commencement of construction of Minimum (31 days) Improvements on Phase I. -33- April 1, 1985 Completion of all Minimum Improvements on Phase III (one year Phase I. and 150 days) May 24, 1983 Signing of Redevelopment Contract Phase II November 30, 1983 Redeveloper gives written authorization for (226 days) acquisition of Phase III by Agency, or May 24, 1983 Signing of Redevelopment Contract gives statement of reasons for deferring acquisition. June 30, ,1983 Redeveloper, or a non-profit entity which (36 days). ' has contracted with it, applies to HUD for December 31, 1984 Latest date for written authorization by 202 fund reservation. (One year and Redeveloper for acquisition.by Agency. 30 days) November' 30, 1983 'Redeveloper giver written authorization for (•180 days) acquisition of : iase II by Agency, or gives December 31, 1986 Redeveloper submits to City.PUD applica- statement of re= sons for deferring (2 years) tion and Concept Plan.and application for acquisition plat approval. December 31, 1984 Latest for written authorization by Redeveloper submits Construction Plans to (One year and Rede,• jper for acquisition by Agency. (60 days) Agency. 30 days) Redeveloper submits Mortgage commitment to 120 days after Redeveloper submits to City PUD applica- (30 days) Agency. authorization tion and Concept Plan and application for to acquire plat approval. Closing of sale of Phase III to (30 days) Redeveloper. Redeveloper submits Construction Plans to (60 days) Agency. Commence construction of Minimum Improve- (30 days) ments on Phase III. Redeveloper submits Mortgage commitment to (30 days) Agency. Complete construction of Minimum Improve- (18 months) ments on Phase III. Sale of Bonds. (30 days) Closing of sale of Phase II to Redeveloper. (30 days) I . Commence construction of Minimum Improve- (60 days) ments on Phase Ii. Complete construction of Minimum Improve- (18 months) ments on Phase II. EXHIBIT A 3. Grantee shall promptly begin and diligently prosecute to completion the development of the Parcel through the construction of certain Minimum Improvements thereon (as FORM OF DEED provided in the Agreement) and such construction shall be i completed in accordance with the Agreement. THIS INDENTURE, between the HOUSING AND REDEVELOPMENT 4. Promptly after completion of the Minimum AUTHORITY OF ST. ANTHONY, MINNESOTA, a public corporation in Improvements in accordance with the provisions of the the City of St. Anthony, County of Hennepin, State of Agreement, Grantor shall furnish Grantee with a Certificate in Minnesota, Grantor, and ARKAND PARTNERSHIP, a general the form attached to this Deed. as Exhibit 1. The Certificate partnership under the laws or Minnesota, Grantee, shall_ be conclusive evidence of satisfaction and termination of. the agreements and covenants of the Agreement and of this Deed WITNESSETH, that Grantor, in consideration of the sum with respect to the obligations of Grantee and its successors . of Dollars ($ ), the and assigns to complete construction of the Minimum receipt whereof is hereby acknowledged, does hereby grant, Improvements, it being the intention of the parties that upon bargain, quitclaim and convey to Grantee, its successors and the granting and filing of the Certificate that all assigns, forever, all the tracts or parcels of land lying and restrictions and reservations of this Deed and the Agreement be being in the County of Hennepin and State of Minnesota forever released and terminated. described as follows:, 5. If Grantee shall, prior to the recording of the Certificate, default in any one or more of the obligations set forth in Section 9.3 of the Agreement and shall fail to cure the default within the period therein specified, then Grantor shall have the right to re-enter and take possession of the Parcel and terminate and revest in Grantor the estate conveyed by this Deed subject to the terms and conditions of the Agreement, and Grantor's title shall h . ¢ uh;Per to all Mortgages annrove nursuaIt to a areement. 6. The property herein described is conveyed subject To have and to hold the same, together with all the 'to the covenants and restrictions get-forth on Exhibit 2 hereditaments and appurtenances thereunto belonging or in attached hereto and made a part hereof, which shall, remain in anywise appertaining, to the said Grantee, its successors and effect until a date 30 years after the date hereof,'at which assigns, subject to the following: time said covenants and restrictions shall terminate. 1. The covenants, conditions, restrictions and I IN WITNESS WHEREOF, Grantor has caused this Deed to be provisions of a Redevelopment Contract dated as of duly executed in its behalf by its Chairman and its 'Secretary 1983, entered into between Grantor and Grantee (the and has caused its corporate seal to be hereunto affixed "Agreement"), which Agreement is incorporated hereby by this day.of 198_. reference. • 'HOUSING'AND REDEVELOPMENT AUTHORITY 2. Grantee shall not convey the property herein OF ST. ANTHONY, MINNESOTA described ("Parcel") in violation of the Agreement, or any part thereof, without the prior written consent of Grantor until a Certificate of Completion (the "Certificate") releasing Grantee I By from the obligations of the Agreement as'to the Parcel has been Its Chairman recorded. This provision, however, shall not prevent Grantee from mortgaging the Parcel in accordance with the Agreement. BY Its Secretary By Its Executive Director STATE OF MINNESOTA ) SS EXHIBIT 1 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this CERTIFICATE OF COMPLETION day of 196 , by WHEREAS, the HOUSING AND REDEVELOPMENT AUTHORITY OF Chairman, ,Secretary and , ST. ANTHONY, MINNESOTA, ("Grantor") by a deed (the "Deed") recorded in the Office of the in and for Executive Director of the Housing and Redevelopment Authority of the County of Hennepin and State of Minnesota, as Document No. , has conveyed to P a Minnesota St. Anthony, Minnesota. general partnership, the following descff a an in the County of Hennepin and State of Minnesota ("Subject. Property"): Notary Public and, WHEREAS, the Deed contained certain covenants and restrictions the breach of which by Grantee, its successors and assigns; would result in the reversion of title to the Subject Property to Grantor, its successors and assigns; and WHEREAS, Grantee has fully and duly performed all of said covenants and conditions; NOW, THEREFORE, it is hereby certified that all requirements of Grantee under the Deed and the Agreement referred to in the Deed with respect to the Subject. Property have been completed and duly and fully performed, and the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by Grantor is hereby released absolutely and forever, this instrument to be conclusive . evidence of the satisfactory termination of the covenants and EXHIBIT 2 conditions of the Agreement referred to in the Deed as they relate to the Subject Property. COVENANTS AND RESTRICTIONS Dated this day of 198_. 1. The property described in this deed ("Property") shall be HOUSING AND R3DEVELOPMENT AUTHORITY used .only..for those uses permitted under that certain PUD OF ST. ANTHONY, MINNESOTA Final Plan (the. "Plan") entitled "Kenzie Terrace Project. - Phase '. approved by the City Council of the City of St. Anthony (the "City") on 198_ and on By file with the City. Its Chairman 2. All buildings on the Property shall be located on the Property as specified in the Plan, and no building shall By exceed the height specified in the Plan. The exterior Its Secretary surfaces of any building on the Property shall be finished with only those materials permitted under the Plan. 3. Exterior loading, storage and trash staging areas will be STATE OF MINNESOTA ) totally screened from view by a permanent enclosed SS structure of materials complementary to the principal COUNTY OF HENNEPIN ) structure. All roof drainage shall connect to a public stormwater system. The foregoing instrument was acknowledged before me this day of 198_, by 4. All garages, storage buildings or maintenance buildings Chairman and Secretary of the Housing ("Accessory Buildings") shall be attached to the principal and Redevelopment Authority of St. Anthony, Minnesota. L structure within a. closed passageway between the Accessory Building and the principal structure. All Accessory Buildings shall be made of the same material as the principal structure_. Notary Public 5. Any recreational areas specified in the•Plan shall be maintained in a good, safe and clean condition. This Instrument Was Drafted By: 6. All parking lot areas, pedestrian walkways, and buildings shall be illuminated only as provided in the Plan. DORSEY & WHITNEY (WRS) 2200 First Bank Place East 7. Parking lots and open areas shall be landscaped in Minneapolis; Minnesota 55402 accordance with the Plan, and such landscaping and any screening required under the Plan shall be maintained in a. i good, safe and attractive condition. 8. No signs shall be allowed on the Property except those i permitted under the Plan. 9. Sidewalks shall be constructed only in accordance with the 7 Plans and shall be maintained to be at least 4 feet in width and constructed of concrete with at lease 4 inch depths. Entrance areas, cross-walks or cross-driveways shall be constructed of a bomanite paving material in a brick pattern and brushed concrete. 10. Parking lots shall be built only in accordance with.the be enforceable only by the HRA, and only he HRA shall have _Plan and shall be maintained with a dust-free asphalt the right to sue for and obtain an injunction, prohibitive surface and include- raised concrete islands at the ends of or mandatory, to prevent the breach of the covenants and each row of parking to define the circulation and protect ' restrictions herein contained, or to enforce the the parking area. The islands shall be at least•6 inches 1 performance or observance thereof. high and constructed of concrete. 16. The covenants and restrictions herein contained shall 11. Benches and bus shelters specified in the Plari'shall be remain in effect until maintained in a good, safe, clean and-attractive condition. 12. All buildings—parking areas; open -areas, landscaped areas, and other improvements ('collectively, the "Improvements") on the Property shall be maintained in a good, safe, clean and attractive condition. If any of the Improvements are damaged or destroyed by fire, storm or by any other means, they shall be restored or rebuilt in accordance with the Plan to a condition and value equal to or greater than their condition and value on the date of the destruction or damage. 13. All buildings on the Property shall be insured against all loss or damage in the amount of the full replacement value thereof, with a policy or policies of insurance which provide protection against all perils covered by the .customary fire, ,-extended coverage, vandalism, -malicious mischief, or so-called "all-risk" policy of insurance. 14. So long as any bonds issued by the City of St. Anthony or its Housing and Redevelopment Authority in connection with Redevelopment of the Property are outstanding, no owner, tenant, purchaser or other person having an interest in the Property shall seek administrative or judicial review of any statute, law, rule, assessor's estimated-market value, assessed value, or other factor, which would or might result in real estate taxes on the Property being insufficient in any year to pay the principal and interest on said bonds as it becomes due. 15. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; rovided how .Lhe covenants and restrictions erein contained shall inure only to the benefit of the Housing and Redevelopment Authority of St. Anthony, Minnesota ("HRA".), and may be eased d t at any time,, and from time to time, y the sole act o t e HRA, and variances may be granted to the covenants and restrictions; herein contained*y the sole act of the HRA. These covenants and restrictions shall EXHIBIT B Commercial State Bad` a P1PTe AT ST. Perin / ST. PAUL, AIINNeSOTA 53102 / 222.3681 IRREVOCABLE COMMERCIAL LETTER OF CREDIT L.C. No Date Gentlemen: We hereby authorize you to draw�++ up to but not exceeding the aggregate amount o{ for account of Available by your draft ati sight when accompanied by: r NON-NEGOTIABLE COPY Drafts under this credit must bear u 1 pon their face the words: � DRAWN UNDER COMMERCIAL STATE BANK IN ST. PAUL, MINNESOTA t LETTER OF CREDIT NO DATED i e The negotiating bank to endorse amount of drawing(s) on the reverse hereof. We hereby agree with drawers,endorsers and bona fide holders of drafts negotiated under and in com- pliance with the terms of this credit that the same will be duly honored upon presentation to Drawee if } drawn and negotiated on or before Yours very truly, COMMERCIAL STATE BANK IN ST. PAUL Authorized Stgootmo • ADVISING RA%TR rni-v • RESOLUTION H.R.A. 83-004 • AUTHORIZATION TO BEGIN ACQUISITION - PHASE I WHEREAS, the Housing and Redevelopment Authority (HRA) has entered into a Contract for redevelopment and; 1 WHEREAS, the HRA has adopted a Redevelopment Plan and established a Redevelop- ment Project and; WHEREAS, the City Council has approved the Redevelopment Plan and; WHEREAS, the HRA is authorized to acquire property for redevelopment by Minnesota Statutes; NOW THEREFORE, be it resolved that the Executive Director, HRA attorney and consultant are instructed to begin acquisition of Phase I property. Such • acquisition and relocation to be completed in accord with Minnesota Statutes and the Uniform Real Estate Relocation and Acquisition Act of 1970. Chairman Secretary Attested Executive Director i1 I '7