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HomeMy WebLinkAboutCC PACKET 11121996 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102231 Box: 22 Folder: CC PACKETS 1994-1998 Document: CC PACKET 11121996 H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY J CITY COUNCIL REGULAR MEETING AGENDA • NOVEMBER 12, 1996 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. IL. ROLL CALL. III. APPROVAL OF NOVEMBER 12, 1996 CITY COUNCIL REGULAR MEETING AGENDA. IV. APPROVAL OF OCTOBER 22, 1996 CITY COUNCIL REGULAR MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Dorsey & Whitney - $1,951 .70. B. Hessian, McKasy, & Soderberg - $3,000.00. • VII. REPORTS. A. Councilmembers. B. Mayor. C. City Manager. 1 . Discussion of Comprehensive Plan Task Force. 2. Discussion of cleaning proposals for City Hall/Community Center. VIII. PUBLIC HEARINGS. A. Resolution 96-061, re: Modification of Redevelopment Plans and Tax Increment Financing Districts. IX. NEW BUSINESS. A. Resolution 96-058, re: Approve plans and specifications and ordering advertisement for bids for 1997 street improvements. B. Resolution 96-057, re: Termination of Apache Wells' lease. C. Resolution 96-059, re: 1997 Ramsey County SCORE grant. D. Resolution 96-060, re: Schnitzer Group Agreement. X. UNFINISHED BUSINESS. A. Ordinance 1996-006, re: Noise control (3rd reading). XI. ADJOURNMENT. 1 CITY OF ST. ANTHONY • CITY COUNCIL REGULAR MEETING MINUTES 3 OCTOBER 22, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7. II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner and Faust. 9 Also Present: City Manager Michael Mornson. 10 Councilmembers Absent:None. 11 III. APPROVAL OF OCTOBER 22, 1996 COUNCIL AGENDA. 12 Motion by Marks, second by Enrooth to approve the October 22, 1996 Council Agenda as . 13 presented. 14 Motion carried unanimously. 15 IV. APPROVAL OF OCTOBER 8, 1996 COUNCIL MINUTES. Motion by Marks, second by Enrooth to approve the October 8, 1996 Council minutes as presented. 18 Motion carried unanimously. 19 V. LICENSES/PERMITS/PETITIONS. 20 Motion by Marks, second by Wagner to approve the following licenses: 21 Heating Licenses: 22 Delmar Furnace Exchange, Inc.,Brooklyn Park, MN/add gas grill at 3023-31st Avenue 23 Coronado Enterprises, Spring Lake Park, MN/add gas fireplace at 3204 Silver Lane 24 Contractors License 25 Copeland Builders, Minneapolis, MN/building Bagel & Video Stores at Apache 26 D.J. Kranz Co.,Inc., Minneapolis, MN/remodeling at St. Anthony Nursing Home 27 Classic Builders,Andover, MN/remodeling at Baker's Square 28 Motion carried unanimously. 29 Motion by Wagner, second by Faust to approve a temporary 3.2 Beer& Wine Permit for St. 30 Charles Borromeo Church, February 9, 1997 for St. Charles Borromeo Mardi Gras Celebration. 31 Voting on the Motion: Aye: Enrooth,Faust, Wagner, and Ranallo Nay: Marks City Council Regular Meeting Minutes October 22, 1996 • Page 2 1 Motion carried. 2 VI. PRESENTATION OF'CLAIMS. 3 Motion by Marks, second by Enrooth to approve the following claims: 4 A. Foster, Ojile.Wentzell & Brever in the amount of$2,600.00 for professional services 5 rendered for the month of October 1996. 6 B. Rieke, Carroll, Muller Associates in the amount of$12,565.81 for professional services 7 rendered September 1 to September 28, 1996 for 1997 Street and Watermain 8 Improvements. 9 C. 4 pages of Verified Claims as presented by the Finance Director. 10 11 Motion carried unanimously. 12 VII. REPORTS. 13 A. Planning Commission- October 15, 1996. 14 Commissioner George Thompson was present to report on the items addressed at the 15 October 15, 1996 Planning Commission Meeting. 16 17 1. Roger-Bona, St. Anthony Unocal Service Station, 2801 Kenzie Terrace; Side Yard 18 Setback Variance Request. 19 Commissioner Thompson reported Mr. Bona,the owner of the commercial property at 20 2801 Kenzie Terrace, is proposing to demolish the old Johnson Meat Market that is part 21 of his property and reconstruct another building in the same footprint with an additional 22 20 feet added to the north,to house service/repair bays so that he may expand his service 23 station business. Currently,the meat market building is approximately 10 feet into the 24 side yard setback, which for commercial properties adjacent to residential areas, is 10 feet 25 shy of the required side yard setback of 20 feet. 26 Mark Murlowske, of Belair Builders and Roger Bona feel that the new building will 27 enhance the redevelopment efforts of the City, make the area more attractive and will 28 meet Roger's needs for his business. There were several people at the Planning 29 Commission meeting in favor of the project and Mr. Bona presented the City with a 30 petition signed by all the neighbors to the west of his property in favor of the project. 31 The Planning Commission recommended City Council approval of the 10 foot side yard 32 setback variance request by a vote of 5-0-1, Commissioner Makowske abstained, as it 33 meets the variance criteria as follows: 34 1. Strict enforcement would cause undue hardship as this proposal will not alter the- 35 character of the area and economic interests are evident but are not the primary 36 consideration. • ', 37 2. Circumstances are unique due to the configuration of the lot. City Council Regular Meeting Minutes • October 22, 1996 Page 3 1 3. The proposal is in the spirit of revitalization and redevelopment of the City of St. 2 Anthony. 3 4. There was no opposition from neighboring property owners but in fact there was 4 support: 5 5. The design offers potential safety improvements for motorists. 6 6. The building will be aesthetically pleasing due to the lower profile. 7 Councilmember Faust questioned City Attorney's concern with allowing a non- 8 conforming structure to be replaced. 9 City Manager Momson stated this concern was misinterpreted. The original issue was if 10 Mr. Bona could expand the existing meat market without a variance. This is no longer 11 the issue as the building is being removed and the property put to a new use. The issue is 12 simply the consideration of a 10 foot side yard setback variance. 13 Councilmember Wagner questioned if the curb cuts would be changed. 14 Mark Murlowske, Belair Builders, stated all curb cuts will be maintained as they 15 currently exist. 061 Councilmember Marks uestioned the hardship in this case. q P 17 Mr. Murlowske stated from a construction standpoint,the hardship is the configuration of 18 the lot. This is a corner lot with street frontage on three sides. Three proposals had been 19 considered but other configurations had resulted in the alleyway being too narrow and the 20 access becoming dangerous to suppliers. The current proposal will provide the necessary 21 alleyway and access and also allow more vehicles to be inside the repair facility and 22 relieve parking. 23 Councilmember Marks asked if there was any way to reorient the building and 24 accomplish the same means without the variance. Mr. Murlowske stated there was not. 25 Roger Bona, owner of the property, explained this plan will relieve the noise problem of 26 the facility. The original proposal called for four doors. This plan will include only one 27 door. The noise from the facility will come right back at the business or onto Kenzie 28 Terrace. There also will be no unsightly windows with this proposal. The traffic flow is 29 good, cars can travel in both directions. Mr. Bona stated there will be no additional curb 30 cuts. The curb cuts will remain exactly as they are in shape and size. 31 Marks asked what the affect would be on the building if the variance was not granted. City.Council Regular Meeting Minutes October 22, 1996 Page 4 • 1 Mr. Murlowske stated he felt the property was unbuildable without the variance due to 2 the configuration of the lot,the traffic flow and the parking.,He again stated three 3 proposals had been considered and price was not the deciding factor. 4 Marks asked how the traffic pattern would be affected if the variance was not granted. 5 Mr. Murlowske stated with the variance there would be 31.5 feet between the buildings. 6 This would provide a good alleyway and would allow room for parallel parking on both 7 sides. This could not be accomplished without the 10 foot.setback variance. 8 Marks asked if the new building could be built against the existing building. 9 Mr. Murlowske stated the waste haulers would be unable to safely access the lot and it 10 would affect the safety of traffic flow. 11 Mr. Bona reiterated if the building was built within the 20 foot setback, the garbage 12 haulers would be unable to remove garbage. 13 Mr. Murlowske noted if the building were built closer to the other building, the option of 14 the overhead door on the side of the building would also be lost. He stated if this were a 15 rectangular lot, with one street frontage,there would be,no issue with meeting all the 16 requirements. Due to the configuration of the lot and the three street frontages, it requires 17 the additional setback. 18 Motion by Ranallo, second by Wagner to.approve the request for a 10 foot side yard 19 variance for the St. Anthony Unocal Service Station, Roger Bona, 2801 Kenzie Terrace 20 based on the findings of the Planning Commission. 21 Motion carried unanimously. 22 23 2. Assaad Hark, 2914 - 36th Avenue N.E.; Side Yard Setback Variance 24 Request. 25 Commissioner Thompson reported Assaad Hark, owner of the property at 2914 - 36th 26 Avenue N.E., has submitted a request for a side yard setback variance of 7.5 feet so that 27 he may be able to build a 28 foot by 14 foot addition to the existing porch on the-south 28 side of his house. The proposed addition would allow the owner to make the current 29 porch more usable and will be in line with the principle structure. 30 The required setback for this lot is 30 feet because it is adjacent to 36th Avenue N.E. and 31 Silver Lake Road. The existing home sits 30 feet from 36th Avenue N.E. but is only 15 32 feet from Silver Lake Road. The home immediately to the north of the subject property • 33 also sits 15 feet from Silver Lake Road and the home immediately south of the subject 34 property is 30 feet from Silver Lake Road. The City Ordinance states that the structure City Council Regular Meeting Minutes • October 22, 1996 Page 5 1 must be 30 feet from an adjacent street. The owner would like to request that the side 2 . yard have a depth equal to the greater of 30 feet or a distance equal to the average of the 3 two adjacent lots. If the average of the two adjacent lots can be used to calculate the 4 variance needed for the construction of this addition,then the setback would be 22.5 feet 5 and Mr. Hark would need a 7.5 foot variance. The City Ordinance restricts lot coverage 6 to 35% and Mr. Hark does maintain that requirement with the proposed addition. 7 Mr. Thompson reported there were several neighbors at the meeting who spoke in favor 8 of the project. The Planning Commission recommended approval of the request on a vote 9 of 5-1, Commissioner Franzese voted naye, provided that the applicants complete the 10 construction within twelve months as stipulated in the City Zoning Ordinance and as it 11 meets the following variance criteria: 12 1. The applicant has demonstrated hardships that make it difficult to improve their 13 property without a variance. 14 2. This proposal is in the spirit of improving lots in the City of St. Anthony. 15 3. . The addition will be in alignment with the existing structure and will blend with 16 the existing structures. 7 4. The property is unique as it is a corner lot which limits the buildable area. 5. The codification of the City's Zoning Ordinance caused the problem on the lot. 6. The property has the principled residential structure already located in the side 20 yard setback prior to this addition. 21 7. No opposition was voiced by the neighbors. 22 Commissioner Franzese voted naye as she felt that while she liked the project and it had 23 neighborhood support, she was concerned that when Hennepin County decides to widen 24 Silver Lake Road,the City will be forced to compensate residents that have.received 25 variances for residential improvements along Silver Lake Road. 26 Marks questioned the hardship in this case. There was Council consensus that item 5 for 27 meeting variance criteria as stated by the Planning Commission, was irrelevant to this 28 decision. 29 Assaad Hark, 2914 - 36th Avenue N.E., stated that without the variance the improvement 30 to the room will not be possible as it will leave two corners of the house unusable. 31 Mayor Ranallo questioned the possibility of building the addition to the west of the 32 existing structure. 33 Mr. Hark stated he was trying to improve the living space of the family room. The west side of the house contained two bedrooms. It would be impossible to build the addition in this area as there is no hall access. City Council Regular Meeting Minutes October 22, 1996 • Page 6 1 Marks noted a variance could not be granted based on the internal format of the house. 2 Mr. Hark stated the addition would be flush with the existing structure and have the same 3 siding. 4 Marks noted there was a method to build the addition without the variance. It may be 5 inconvenient but that should not affect the decision to grant the variance. Mayor Ranallo 6 noted there were no safety issues involved. ` 7 Mr. Hark stated this was the only place it made sense to locate the addition. If there were 8 future improvements on Silver Lake Road,the entire house would have to be removed. 9 He stated he would not make the improvement without the variance. 10 Enrooth stated he felt the frontage of this lot had been reduced when Silver Lake Road 11 had been widened several years ago. 12 Faust noted this addition would not interfere with anyone else or any other property. 13 Marks stated a hardship is something about the lot, the shape, topography, etc.,that if the 14 ordinance is applied directly without change would result in the property not having 15 reasonable use. He noted this property could still be put to reasonable use without the 16 variance. 17 Faust stated he did not believe building within the required setback would allow Mr. hark 18 to have a room that could be put to reasonable use and it would also not be good for the 19 housing maintenance issue. He felt there were two extenuating circumstances; 1) The 20 house is already encroaching on the County Road setback, 2)This is only an extension of 21 an encroachment. The request will not go out further or onto other properties. It will 22 only bring the house out to the garage. 23, Wagner asked when the house was built. Mr. Hark stated the house was built in 1961. 24 Motion by Ranallo, second by Faust to approve the 7.5 foot side yard setback variance in 25 order to construct an addition to an existing porch for Assaad Hark, 2914 - 36th Avenue 26 N.E. provided that the applicants complete the construction within twelve months as 27 stipulated in the City Zoning Ordinance and based on the findings of the Planning 28 Commission as follows: 29 1. The applicant has demonstrated hardships that make it difficult to improve their 30 property without a variance. 31 2. This proposal is in the spirit of improving lots in the City of St. Anthony. • 32 3.. The addition will be in alignment with the existing structure and will blend with 33 the existing structures. City Council Regular Meeting Minutes October 22, 1996 • Page 7 1 4. The property has the principled residential structure already located in the side .2 yard setback prior to this addition. 3 Voting on the Motion: 4 Aye: Enrooth, Faust, Wagner, and Ranallo 5 Nay: Marks 6 Motion carried. 7 8 - 3. Other Items Discussed. 9 Commissioner Thompson reported Staff advised Commissioners of the upcoming public 10 hearings. Moore-Sykes reported on discussions the City has had with a VFW post from 11 Minneapolis about the possibility of purchasing the old Pizza Hut building for a 12 members-only post. They intend to have charitable gambling and 3.2 beer on-sale. 13 Thompson reported Staff provided a copy of the agenda as proposed by BRW, Inc. for 14 the Joint Meeting with the City Council on October 29, 1996. Staff was directed to put 15 together an agenda and attach BRW's and to arrange for refreshments. Mayor Ranallo noted there had been two previous requests for charitable gambling in the City of St. Anthony and the City had stated they were not interested. 18 B. Councilmembers. 19 Faust reported his attendance at the Fire Station Open House on October 9, 1996..He noted there 20 were many people in attendance who were not St. Anthony residents. This shows that the Fire 21 Department's extension far exceeds it's political boundaries. He attributed this to the excellent 22 profile the Fire Chief and Fire Fighters have. He commended the Fire Chief and Department for 23 their excellent service. 24. Marks noted a problem with trash in the City Parks. He stated the problem was not due to the 25 trash not being put in the containers,but due to the containers not being covered. Animals and 26 birds will then go into the containers,remove the trash and scatter it elsewhere. He stated he 27 would like covered trash containers to be installed in the parks and the new City 28 Hall/Cominunity Center area. He felt this would result in the parks remaining neat and orderly 29 and significantly improve the appearance of the parks. He also suggested more trash barrels be 30 installed in the'picnic areas. 31 There was Council consensus that installing covered trash barrels would improve the City Parks. 32 Morrison noted this issue is currently being addressed. 33 C. Mayor. Mayor Ranallo had no report. 36 City Council Regular Meeting Minutes October 22, 1996 Page 8 • 1 D. CitesManager. 2 City Manager Mornson reported that the Metropolitan Council is lobbying to change the 3 definition of the hardship clause of the variance to address the housing maintenance issue of the 4 Metropolitan Livable Communities Act. This will result in a variance being easier to justify. 5 Morrison reported he had met with the Hennepin County Assessor and the Assessor's office is 6 currently being reorganized. Glen Busifsky will now be working with the City of St. Anthony 7 rather than Larry Miller. The Assistant, Kari Luther, will continue to work with the City of St. 8 Anthony. Morrison reported he will meet again with the Assessor.in one month to discuss the 9 sales ratio for the year and it appears there is a valuation increase of approximately 4%to 5% for 10 the City of St. Anthony. ,This is based on sales of homes in the past year. Morrison noted the 11 increase is a sign of a healthy market and community. The redevelopment effort of the City has 12 also helped increase the value as the area is more attractive. 13 Morrison reported he had met with Dan Solar, Ramsey County Engineer regarding the bridge 14 project on 37th Avenue. On November 19, 1996, Ramsey County will present a basic"bare 15 bones"plan for the bridge. On December 3, 1996, Ramsey County will hold a public 16 informational meeting at Apache Plaza for the proposed bridge project. This will be the.first of 17 three meetings held by Ramsey County regarding the bridge project. After the December 3, 18 1996 meeting, Ramsey County will come back to the City to get public/governmental input for • 19 the bridge. 20 Morrison reported.the Minnesota Police Recruitment Testing will expire on December 31, 1996. 21 The Police Chief and City Manager are in the process of looking at alternative testings for use 22 when vacancies are filled in the Police Department. State Law requires that all officers go . 23 through various competency testing before being hired. Morrison noted the City is still in the 24 process of hiring two new officers to fill vacancies. Once this is completed, the Police 25 Department will again be at full capacity. 26 Morrison reported the City has replaced their full-time park maintenance employee. The City of 27 St. Anthony has hired their first full-time female public works employee. Morrison also noted .28 Larry Hamer, Public Works Director, has announced his resignation as of November 21, 1997. 29 Mr. Hamer is also involved with building inspection with Duane Grace. Duane Grace will also 30 be resigning. As the need for inspection in the City has decreased, City Manager is investigating 31 the possibility of employing a joint inspector with the City of New Brighton, who is also in need 32 of an inspector. 33 Morrison reported that to work on Bike Patrol for the Police Department requires extensive 34 training from the State of Minnesota. Officer Flynn was planning to take this training but has 35 left the City for a different position. Another difficulty is that in order to have an efficient bike 36 patrol, the City would be required to pay overtime. The Police Chief is suggesting to defer the • 37 bike patrol until there is a better idea of who would like to be trained for the patrol and how it 38 would work for this department. The funds that were donated by the Tri City Legion could then City Council Regular Meeting Minutes October 22, 1996 Page 9 1 be used to buy new exercise equipment for the new exercise room at the City Hall/Community 2 Center which is primarily used by the police officers. 3 Mayor Ranallo stated he would still like to see the bike patrol be initiated. Faust asked if a 4 Community Service Officer could be hired for the position of bike patrol. 5 Morrison stated a Community Service Officer would not have the power of arrest. He noted the 6 Police Department would like to have the program but there is a need for an officer who is 7 interested in being trained for the bike patrol. 8 Faust stated he felt the bike patrol was a good program and he was concerned with losing the 9 funds for the program. 10 There was Council consensus to purchase the exercise equipment but to continue to pursue the 11 bike patrol program. Morrison stated he would ask the Police Chief to present the City Council 12 with a vision of what the bike patrol would be and the costs associated with the program. 13 Morrison reported his attendance at a progress meeting today with the contractor of the City 14 Hall/Community Center. The building is-proceeding well and an opening date of January 6, 1997 is still anticipated. There is a potential of two lifts in the parking lot, with one lift being completed this fall and the second completed in the spring. The anticipated cost of the Council 17 bench was $7,100.00 and has been reduced to $4,515.00. This is a reduction of$2,626.00. Also 18 a different fireproofing system will be used which will result in a reduction of$884.00. 19 Morrison reported he conducted the School Board tour of the City Hall/Community Center 20 building on October 15, 1996 and received a lot of positive feedback. Morrison also reported 21 there is again an issue on 33rd Avenue in front of the school. The parents are dropping their 22 children on the south side of the road and children are running across the street.. There have 23 already been 3-4 possible accidents. This issue was addressed last year and a school speed zone 24 of 20 m.p.h., no parking on the south side of road and flashing lights were proposed. A letter 25 was sent to all affected property owners but only two property owners came to the scheduled 26 meeting to discuss the issue. A revised proposal would include no flashing lights, elimination of 27 one hour parking from 8:00 a.m. to 4:00 p.m. on the north and south side and replace with no 28 parking on school days on the south side from 7:00 a.m. to 3:00 p.m. The Police would make a 29 diligent effort to enforce the signage. The parents would then drop the children on the north side. 30 Morrison stated he would send notification to all affected residents and request they notify Staff 31 of any concerns or problems with the changes. Momson noted there had also been problems 32 with high school students parking their cars in a residential area and littering in the area. Those 33 complaints have been forwarded to the Superintendent and have apparently been resolved. Morrison reported his attendance at the Chandler Place ground breaking ceremony on October 16, 1996. There was a lot of support for the City and the work the City had done with variances 36 and Tax Increment Financing. City Council Regular Meeting Minutes October 22, 1996 Page 10 • 1 Mornson reported there is $20,000.00 in the proposed 1997 budget for capital equipment to 2 upgrade the Police Department computers. Staff would like to order the upgrade now so it can 3 be installed and operating when City Hall opens. This will require the City to pay $10,000.00 4 now and the other$10,000.00 in 1997. 5 Mornson reminded the Council of the Work Session which is scheduled for October 29, 1996 at 6 6:00 P.M. in.the Council Chambers, followed by a Joint Meeting with the Planning Commission 7 and BRW,Inc. at 7:00 P.M. in Room 9. He also noted RCM Engineers, Larry Hamer and 8 himself will be conducting neighborhood meetings on October 30, 1996 at 6:00 P.M. and 7:00 9 P.M. to discuss the 1997 Roosevelt Street Project. 10 Mornson showed the Council a brochure which was put together by the Chamber of Commerce 11 with the City participating by creating a summary in the front of the brochure. Mornson stated 12 he will be revising the summary to include the redevelopments which have recently occurred in 13 the City. The Mayor and City Councilmembers are listed in the brochure.free of charge and a list 14 of City.Officials and who to call is listed in the brochure for a fee of$255.00. This brochure will 15 be distributed to all residents the week before Thanksgiving. 16 Mornson reported he and Mike Larson had met with First Banks yesterday regarding the liquor 17 issues, primarily Apache Wells,the existing SAV II lease, and the new SAV II lease. Mary • 18 Rothschild is no longer involved in the same capacity and the City is now working with Larry 19 McCabe. First Bankd has agreed to terminate the Apache Wells lease effective.August 1, 1996. 20 Termination of the lease will be on the November 12, 1996 Council agenda. As a result of the 21 lease being terminated July 31, 1996,the City will save $133,000.00 over the next 3.5 years. ` 22 First Banks is also proposing an attempt to gain more competitive bids for the liquor store 23 expansion at Tire Plus to try to reduce the cost. It is possible that construction may not begin 24 until March, 1997. 25 VIII. PUBLIC HEARING -None. 26 IX. NEW BUSINESS -None. 27 IX. UNFINISHED BUSINESS. 28 1. Ordinance 1996-006,re:Noise Control (2nd Reading 1. 29 Motion by Enrooth, second by Marks to approve the 2nd reading of Ordinance 1996-006, 30 relating to Noise Control, amending Section 1145 of the 1993 St. Anthony Code of 31 Ordinances. 32 Motion carried unanimously. 33 XI. ADJOURNMENT. • 34 Motion by Marks, second by Enrooth to adjourn the meeting at 8:29 P.M. City Council Regular Meeting Minutes October 22, 1996 Page 11 1 Motion carried unanimously. 2 Respectfully submitted, 3 Lorri Kopischke 4 TimeSaver Off Site Secretarial 5 6 Mayor 7 ATTEST: 8 City Clerk • • "0i lla e DATE: November 12, 1996 APPROVAL TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk . ITEM: Licenses and Permits for Council Approval: Heating Licenses: Gallagher Heating & A/C, Ramsey, MN/working at 3933 Fordham Drive Northwestern Service, Inc., St. Paul, MN/working at Cash Register Sales • R & S Heating & A/C, Inc., Burnsville, MN/working at Apache Commons St. Marie Sheet.Metal Inc., Spring Lake Park, MN./Renewal Contractors License: Art-N-Sign, Inc., Fergus Falls, MN/ signs for Baker's Square Weber, Inc., St. Paul, MN/new contractor at the Arbors Motor Vehicle Starting License: Murphy's Service Center, Inc., (1-Vehicle) DORS EY & WHITNEY L L P • P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St. Anthony, .Minnesota October 21, 1996 Attn: Mr. Michael J. 'Mornson Invoice No. 514749 3301 Silver Lake Road St. Anthony MN 55418 For Legal Services Rendered Through 09/30/96 Client-Matter No: . 178820-00047 General Shopping Center Setbacks $ 380 . 00 • Data Privacy Issues $ 125. 00 Bona Property $ 375 . 00 Stonehouse Food Service $ 125. 00 Noise Ordinance $ 180 . 00 BRW, Inc. $ 290 . 00 9/24 Council Meeting $ 190 . 00 Review agenda materials and minutes; discussions with City Manager $ 275 . 00 Total For Legal Fees $1, 940 . 00 Plus Disbursements Per Attached $11.70 Total This Statement $1, 951.70 • Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates.has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT LAW OFFICES HESSIAN, McKASY & SODERBERG • PROFESSIONAL ASSOCIATION Minneapolis • Saint Paul Washington,D.C. 4700 IDS Center 80 South Eighth Street Minneapolis,Minnesota 55402-2228 (612)330-3000 Facsimile 371-0653 August 12, 1996 Ms. Kim Moore-Sykes St. Anthony Village 3301 Silver Lake .: Road St. Anthony, MN : 55418-1699 ------------------------------------------------------------=------ I N V O I C E • Schnitzer Iron and Metal MERLA Site Group assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3 , 000 . 00 TOTAL: $3 , 000 .00 111048-1 0626200-000100 • BRC FINANCIAL SYSTEM - - ST- AN-TH£ON-Y-\q+LAG NK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 008241 A T & T 3063 11/13/96 0:66 008216 .: A ;T_ & T<.,WIRELESS ;SERVICE 3064 :;11/13/96 : 29.07 008231 .A T :& 'T::WIRELESS ..SERVICE 3065 11/.13/96 57:7b nnnn�n 4A BATTERY r�1 366 -m:11/13196 6 105.J6 V V V L V 000120 AMERICAN LINEN 3067 11/13/96 28.00 000125 AMERIDATA `. 3068 11/13/96 44.00 000115 AMES PHOTO FINISH 3069 11f13/96 1.5.30 .00001 `ANDERSON/ERIN ;3070..11/13/96: 20 00 005216 . ANOKA.::TECHNICAL :IN.STITUT 307.1 '.11/13/96: 70:00 _ 066,t20 b ETSSW'Ej4GEg APPLIANCE 3072 11/1/96 :743, 74 008129 BERKLEY ADMINISTRATORS 3073 11/13/96 793. 40 008134 BERKLEY INS. SERVICES 3074 11/13/96 377 .00 008247 BITUMINOUS ROADWAYS INC 3075 11/13/96 73.36 008153 BOB ':S PERSONAt CQFFEE` SE 3076 11113/96 24 .49 0071E,8 60YER FORD :TRUCKS:, J NC. 307711/13/96 219.'92 nnnn� Q �uPv/na7rHAEL 3078 :.11' 13 g6' 10:00 : tt V V V V L 008242 BUSINESS RECORDS CORP. 3079 11/13/96 108.89 007164 CARLSON EQUIPMENT CO 3080 11/13/96 51 . 13 00003 CASTLE INDUSTRIES INC 3081 11/13/96 234. 17 605198 CENTRAL LOCK.`.& SAFE. CO 3082 .11/1.3/96 : 94.40 • 0081:08 CITY OF ST PAUL 3083 '11/13/96 243.24 - 000685 COAST TO COAST 3084 :11/13/96 213.96 007178 D-ROCK CENTER & SMALL EN 3085 11/13/96 150.01 007158 DATA & TEL COMM INC 3086 11/13/96 278.90 00001 DAVE FOR I ANT 3087 11/13/96 22.45.• :00002 :: DEPT: OF PUBLIC SAFETY 3088 ;:11/13/96 , 25.00 005048 DPC INDUSTRIESLNC 3089 ;1.1/13/96 551 :48:` nnnn�i nQ�w�^1 yAR FN 3090 11/13196 15.00 .,o60 . 000860 ENGSTROM/RICHARD 3091 11/13/96 25.27 .00005 FISCHER/COLLETTE 3092 11/13/96 5.00 00006 FISCHFR/HAROLD A 3093 11/13/96 15.00 000975 FLITTIE/MARSHALL . CONCRET . 3094 .11,/13/96.' 1 ,b29:84 00711.5 FOUR BY FOUR . `3095. 1 I/1.3/96. 24 .00 001030 :.r R. u SERVICES 3096 11/13/96 161`;09 . 007335 G C R 3097 11/13/96 75. 12 .00007 GANGELHOFF/RACHAEL 3098 11/13/96 15,00 00008 GANGLEY/AUGUSTIN 3099 11/13/96 5.00 001250 GRAINGER INC/W W ": 3100 .::11./13 96` 13 :00009 ,GRAY/EKARI 3101 ,11/.13/96. 15::00 001300 HACH COMPANY 3102 `11 I3 96:.. 302:20 001420 HAWKINS CHEMICAL 3103 11/13/96 358.20 ` .00010 HEDIN/BEVERLY 3104 11/13/96 15.00 001505 HENN CO SHERIFF 3105 11/13/96 16.50 0081187 HENNEPIN COUNTY TREASURE 3106 . 11/:13/96 792:08 00011 'HUNTtEY/CARL.: 3107 :11:/13/96 50'.00 4016$0 J :C :Al1TO. SUP.PL.Y :3108 .11/13 96' 362 .00004 J&L INDUSTRIAL SUPPLY 3109 11/13/96 32.71 001810 KIWANIS CLUB 3110 11/13/96 127 .00 i BRC FINANCIAL SYSTEM ST. ANTHONY VILLAG 11 /06/96 13- 11 Check Register GL540R-VO4.30 _PAGE BANK : VENDOR . . CHECK# DATE AMOUNT • FIRS FIRSTAR ST. ANTHONY CHECKING 00012 KRUMM/CHESTER 3111 11/13/96 50.00 .00013 KUIPER/ALIDA 3112 . 11/13/96 15.00: :: 002980 ,.,LEAGUE „:OF .MN .CITIES 3113 11/13/96 43668.00 , , .00014 .::%..l. . LIFE & SAFETY SERVICES 3114 11/13/96 008255 LUCENT TECHNOLOGIES 3115 11/13/96 62.99 002100 MACQUEEN EQUIPMENT CO 3116 11/13/96 173.65 002280 MIDWEST ASPHALT CORP 3117 11/13/96 380. 12 007.359 ;::.MIDWEST.;COCA-COLA B OTT LI 3118:.. 1]/ .13/96 23b-25 003070 'MILLER/ROBERT 3119 :I 1/.13/96"„ 24. 19 =nn2 -ia ` tvtsN�t fit[' FUND: 3120`<11/1.3 96 42`:97 002060 MINNESOTA BOLT & NUT COM 3121 11/13/96 22. 11 005108 MN DEPT OF PUBLIC SAFETY 3122 11/13/96 510,00 007356 MOORE-SYKES/KIM 3123 11/13/96 66.34 :.00005 MOORHEAD. MACHINERY & ; 3124 11/13/96 90:OQ 008198 MORNSON/MICHAEL 3125. 11/13/96 ; 324..20 00025 `NAT '' `ASSN . :" CHFS POLICE 31.26`1I/13/§61 125:00" 002 630 NORTH RTH S TAR TURF INC 3127 11/13/96 79.88 3 96 6/ 002680 NORTHERN THERN STATES TES PO WE R 31 11 1 28 / .00016 NORTHSTAR CHAPTER 3129 11/13/96 20.04 000045 . ...0 CE 3130::. 11/13/96 604:b4 00733.1 PAQUETTE, MALNTENANCE, IN 3131 : 12/13/96 1 , 17150 007366 ":'PARTS MIDWEST INC. 3132:111/13 :96 26 65 002840 PERA 3133 11/13/96 589.41 002860 PFEIFFE R / RICH ARD 3134 11/13/96 307.26 �. .00017 PLETSCHER'S 3135 11/13/96 38.65 - 1 . ' 007057 PRRXAIR 3136. ,11/13/96 5 37 003065 ROAD : ;INC 3137; 11/13/96 59:93 003080.. . ROLLINS OIL CO 31.3$`':22 1.319 6 3'm92 003315 SERCO LABORATORIES 3139 11/13/96 38.00 007304 STEPP MFG. CO. , INC. 3140 11/13/96 285.90 005191 STEWARTS BLDG MART 3141 11/13/96 101 .38 003490 STRETCHER'S ' 3142 11'./13/96 83:63 007._181 SUB.URB,AN PROPANE; 3143 11/.13/:96 159:75 008202 TIMESAVER OFF SITE :SElbRt 3144 11/13/96 38550 003560 TRACY PRINTING 3145 11/13/96 1 ,405.20 007044 TWIN CITY JANITOR SUPPLY 3146 11/13/96 218.53 007341 U.S. TIRE & EXHAUST 3147 11/13/96 59.22 00801.Q UhELFORMS UNL'IMIT"ED 3148 _11/13/96 1,666.04 : 314911/13/96 003?1 VAN O 8.. 007342 WACO ;:SCAFFOLDING. & ,.E63UIP ; .. 3150 1lf 13/96 .28 27 .00018 WALKER BECCA 3151 11/13/96 10.00 003735 WASTE MGMT 3152 11/13/96 152. 19 .00006 WISSOTA MANUFACTURING CO 3153 11/13/96 30.98 -003820 ZAHL EQUIPMENT COMPANY 3154 11 13 96 141. 50 i 23,942 70:. *= FIRSTAR. ST ANTHONY "CHECKING s 6I 0FINANCIAL SYSTEM ST . ANTHONY VILLAGE ,31/96 13:51 Check Reaister GL540R-VO4.30 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT 004016 BERK.LEY RISK, SERVICES 10385 10/31/96 273.00 . u F PUB _ SA F E I Y IQ,586 1073 11 V6 60.00 004120 EAGLE WINE CO 10387 10/31/96 967. 11 004410 FIRSTAR ST ANTHONY BANK, 10388 10/31/96 3, 457 .69 004141 FRITZ COMPANY, INC. 1038V 10/31/V6 2,354.77 .00002 . GETTMAN HOWIE INC. 10390 10/31/96 189.00 004175 GRIGGS COOPER & CO INC 10391 10/31/96 15,315.57 JUHMSUN BRUt3. LIU. 10392 10/31/96 9,373.3 .00003 KIWANIS CLUB 10393 10/31/96 70.00 004266 MARKET MECHANICAL 10394 10/31/96 133.71 0043TT---MUZAK 10,39-5 10/31796 J1 . . 004339 NTN COMMUNICATIONS . 10396 10/31/96 601 .50 004353 PAQUETTE MAINTENANCE, IN 10397 10/31/96 1,006. 43 004361 PINNACLE DIST. 10399 10/31/96 208.55 004376 PRIOR WINE CO 10400 10/31/96 2,665.32 004360 PUBLIC EMPLOYEE RE11REME 10401 10/,51/96 1 ,263.5Q 004385 QUALITY WINE CO 10402 10/31/96 3,793.99 -004285 STAR TRIBUNE 10403 10/31/96 52.56 'qw QO4L - - _ T _ 1(J4 101611'96 96. 46 004494 WASTE MANAGEMENT - BLAIN 10405 10/31/96 490.66 • 'FINANCIAL. SYSTEM ST. ANTHONY VIL.I-AGE 10/23/96 11 .42 Check Register GL540R-VO4.30 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING- ACCOUNT n04009 AETNA LIFE & CASUAL-TY 1.0342 10/23/96 466. 1.5 004031 BAILEY/ROBERT 10343 10/23/96 52.00 004085 CITY OF ST ANTHONY 10344 10/23/96 77 .54 004056 CITY OF ST ANTHONY 1.0345 10/23/96 595.26 004098. >' : COMMERCIAL: LIFE INS CO 1.0346 10/23/96 15.30 .004104 COMPUTER CHEQUE OF MN 10347' 10/23/96 131 .00 00001 CREATIVE MARKETING 1.0348 10/23/96 739. 44 004108 DAN 'S, REGISTER SERVICE 1.0349 10/23/96 197.88 004120 EAGLE WINE CO 10350 10/23/96 328. 49 004411 FIRSTAR ST ANTHONY BANK 10351 10/23/96 15.000.00 004141 FRITZ:. COMPANY., , INC. 10352 10/23/96 39.1 :23: 004185 GHI HEALTH . PARTNERS 10353 10/23/96 886.64 004175 GRIGGS COOPER & CO INC 1.0354 10/23/96 9;853.99 004202 HENN CTY SUPPORT & COLL 10355 10/23/96 103.85 004208 I C M A RETIREMENT TRUS 10356 10/23/96 20,00 00002 ITAI IAN-AME=RICAN CLUB 1.0357 10/23/96 50.00 004220 JOHNSON BROS. LIQ. 10358 10/23/96 7 ;716: 7.5 004241 LILLIE SUBURBAN NEWSPAPE 10359 10/23/96 216.65 -004365 MEDICA `CHOICE 10360 10/23/96 1. .665,.59 004310 MINN UC FUND 10361 10/23/96 .1.93.06 004290 MINNEGASCO 10362 10/23/96 31.3. 44 _ 004314 MUlLEN /JOHN 10363 10/23/96 150.00 004334 NORTHEASTER 10364 10/23/96: 320.00 004354 PAUSTIS & SONS 10365 10/23/96 1 ,466.62 004360 PHILLIPS WINE r°x SPIRITS 10366 10/23/96. 927.80 004361 PINNACL.E D_IST . 10367 10/23/96 157 .60 004376 PRIOR WINE CO 10368 10/23/96 32. 14 004385 QUALITY WINE CO 10369 10/23/96 3,299. 14 004415 SAVOIE SUPPLY 'CO .10370 10/23/96 . 222.37 .04003 SCHWAAB, INC. 1037.1 10/23/96 .56.53 004419' :. SHUN/MATTHEW 10372 10/23/96 315.00 004404 ST . A. LIQUOR #2 PC 10373 10/23/96 51 . 73 004285 STAR TRIBUNE 10374 10/23/96 46.72 004468 TOTAL REGISTER SYSTEMS 10375 10/23/96 46.85 004492 U S WEST COMMUNICATIONS 10376 .10/2.3/96 624»5.5 . 004491 UNITED WAY 10377. 10/23/96 ::.12.00 004270 VAN-0-LI'TL- 10378 10/23/96 42. 17 004495 WELSH COMPANIES, INC. 10379 10/23/96 737 . 32 LIQUOR CHECKING ACCOUNT 47 ,248.00 • COMPREHENSIVE PLAN TASK FORCE LIST 3 - 4 Planning Commission Members 2 Council Members Jerry Faust and George Wagner 1 Industry Representative 1 Retail/Commercial Representative 1 School Representative (Mike has called Warren Rolek to have a School Board representative) 1 Service Organization Representative (Kiwanis or Lions) 1 Realtor 1 Church Representative 1 Multi-family/Housing Complex Representative 2 At-Large Representatives Anthony Kaczor and Constance Kozlak 15 Members for the Task Force (No more, maybe less?) 2 Staff Mike Mornson and Kim Moore-Sykes 2 BRW. Inc Bill Weber and Suzanne Rhees 19 Including Task Force Members, Staff and BRW • representatives 1of5 November 6, 1996 • INVITATION TO BID Bid Opening: November 25, 1996 11:00 P.M. St. Anthony City Hall 3301 Silver Lake Road St. Anthony, MN 55418 The City of St. Anthony intends to contract for cleaning services for the following facilities and invites you to submit a sealed bid for: 1. City of St. Anthony City Hall and Police Department 2. Community Services 3. Stonehouse 1. GENERAL Sealed bids will be received by the City of St. Anthony on or before Monday, November 25, 1996, at 11:00 A.M., attention Kim Moore-Sykes, Management Assistant, City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418, 789-8881. There are three (3) separate areas to be bid in this proposal; the Stonehouse Restaurant is an off-site location and is a municipal bar and grill. The other two areas, City Hall and Community Services are in the same building and are currently under construction. A floor plan of the new building is included with this packet for your information. The floor plan shows which areas are Community Services and which areas are City Hall. Once the bid is awarded, contact regarding the cleaning of City Hall and the Stonehouse should be directed to the Public Works Director. All concerns and billing invoices regarding the Community Services portion of the new building shall be directed to the Community Services Director. 1.2 SCHEDULE FOR BIDDERS The following schedule is.based on the anticipated "move-in" date of January, 1997. The start date for cleaning services in the new City Hall and Community Center may be subject to change to accommodate the construction schedule. All Bidders will be advised on any date changes. The start date for the Stonehouse is not subject to change. First Notice of Public Bid November 6, 1996 • Bid Release Date November 6, 1996 Walk Through November 18, 1996 at 9:30 A.M. Bid Opening November 25, 1.996 at 11:00 A.M. Contract Award December 10, 1996 Contracts Finalized December 13, 1996 5 of 5 5.0 BID FORM 1. City Hall: • Areas of Service: Police Department Locker Room/Shower Rooms Exercise Room Bathrooms Gymnasium Conference Rooms Council Chambers Public Bathrooms Public Meeting Rooms Administrative Offices Employee Lunchroom Corridors/Hallways TOTAL BID FOR CITY HALL $ 2. Community Services: Areas of Service Classrooms - Child Care Rooms (2) Kindergarten Family Education Preschool Lavatories Break Room Community Services Offices Kitchen Activity Room TOTAL BID FOR COMMUNITY SERVICES $ 3. Stonehouse: Area of Service Bathrooms Basement areas All carpet and hard surface floors Behind bar areas Brass rails and fixtures Inside windows TOTAL BID FOR STONEHOUSE $ TOTAL BID FOR ALL THREE 3 FACILITIES: $ • • MEMORANDUM DATE: September 30, 1996 TO: Mayor and Councilmembers Planning Commission Members FROM: Michael Mornson, City Manager ITEM: AMENDMENT TO THE CITY OF ST. ANTHONY REDEVELOPMENT PLAN On October 8th, the City Council and Housing and Redevelopment Authority (HRA) will call for a public hearing to amend the City's Redevelopment Plan. On November 12th, the hearing will be held. Prior to the hearing, the Planning Commission will review the amendment to the Plan and submit a written opinion which will be the minutes of the September 17, 1996 meeting. , The City of St. Anthony will hold a hearing to amend its Tax Increment Financing (TIF) and • Redevelopment Districts. The City does not intend to establish a new district, nor to extend the life of the existing districts. The purpose of the amendment is to allow the City to make additional expenditure of tax increment funds in order to facilitate additional residential and commercial development. The benefit to the City will be an increase in property value and jobs. The following is a list of additional possible expenditures authorized by the St. Anthony City Council and HRA. Project Activity Funds That Could Be Authorized Redevelop vacant property between $233,000 Industrial Custom Products and the Amoco Station on 37th Avenue NE (new) Bridge work along Silver Lake Road $100,000 between 37th Avenue NE and Silver Lane (new) Old Clark Station property redevelop- $40,000 • ment on Stinson Boulevard (existing) (up $10,000 from previous plan) Amendment of City Redevelopment Plan Page 2 • Project Activity Funds That Could Be Authorized Redevelop bowling alley property $40,000 on Kenzie Terrace (existing) (down $20,000 from previous plan) Redevelop St. Anthony Shopping $60,000 Center area along New Brighton (up $25,000 from previous plan)_ Boulevard and Kenzie Terrace (existing) Redevelop vacant lots by Twin $75,000 City Federal (existing) (up $15,000 from previous plan) Redevelop 10 residential lots $1.3 million by Kenzie plus add Kentucky (up $500,000 from previous plan) Fried Chicken, pizza, video properties and Firstar lot (existing) Redevelop Apache Plaza area (existing) $820,000 • (up $520,000 from previous plan) Community Center site work (existing) $100,000 (issued bonds) Street scape within the City (new) $250,000 Delete $500,000 for Lowry Grove expenditure because.of change in ownership. New expenditure total $1,533,000 In June, 1995, the City amended their Redevelopment Plan and as a result, the following activities have occurred. Prqjec Money Authorized Evergreen Twin Homes, 12 $150,000 value between $160,000 to $180,000 $1.9 million • Amendment of City Redevelopment Plan • Page 3 Project Money Authorized Arbors Townhomes, 16 . $260,000 Valued at $180,000 $2.9 million Industrial Custom Products $125,000 $1.2 million retained plus 65 jobs Apache Plaza $300,000 $4.5 million, CUB Store plus 250 jobs plus $1.5 million in bond proceeds Community Center $2.65 million bonds issued The City invested $835,000 in the 4 redevelopment projects from the 1995 amendment and will increase or retain value of$10,500,000 and 315 jobs will be created. Benefits of Using TIF in This Manner • 1. Less cost to taxpayer by not having to set up new district. 2. Less cost to taxpayer by not being penalized LGA. 3. Less cost to taxpayer by not having to issue bonds. 4. Immediate gain in tax value to some properties not in the district. Status of Existing TIF Districts District TIF T=e Increment Terminates *Chandler Housing $240,000 per,year 2010 *Kenzie Terrace Housing $461,910 debt until 1999 2008 Evergreen Townhomes Housing $59,000 2001 Walbon Housing $35,000 debt until 2001 2011 Apache Plaza Commercial ----- 2018 *The Chandler and Kenzie Terrace districts are the districts the City is using for the expenditures. • • 1996 AMENDMENTS TO MASTER MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS ® HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA MASTER MODIFICATION APPROVED JUNE 27, 1995 AMENDMENTS APPROVED NOVEMBER 12, 1996 • • L INTRODUCTION The Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved five Redevelopment Plans designated as Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 (Ramsey County) and Redevelopment Plan for Redevelopment Project No. 3 (Ramsey County), together with certain amendments thereto (as so amended, the "Redevelopment Plans'. ), and have approved redevelopment projects (the "Redevelopment Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with certain of the Redevelopment Plans and the Redevelopment Projects, the HRA and the City have approved tax increment financing plans (the "Financing Plans") which establish two tax increment financing districts designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"). In order to authorize the City and HRA to undertake certain activities designed to remove, prevent and reduce blight, blighting factors and the causes of blight in the City and provide facilities intended to serve all residents of the City, that the HRA on June 27, 1995 approved amendments to the Redevelopment Plans, the Redevelopment Projects and the Financing Plans designated as the Master • Modification to the Redevelopment Plans and Tax Increment Financing Plans (the "Master Modification") which combined the areas subject to the Redevelopment Plans and included additional property in the area subject to the Redevelopment Plans and authorized tax increment revenue derived from any of the Districts to be utilized in any area subject to the Redevelopment Plans. The HRA has identified certain property in the City not presently included in any of the areas subject to the Redevelopment Plans which the HRA believes either presently contains blight or blighting factors or which because of age, obsolescence, market conditions and other factors is suspectable to blighting conditions. Such property is identified on Exhibit A hereto (the "Additional Property"). By this 1996 Amendment to the Master Modification the Commissioners of the HRA amend the Redevelopment Plans to include the Additional Property in the area subject to the Redevelopment Plans and amend the Financing Plans to authorize the additional expenditure of tax increment revenues derived from either of the Districts. The authorization on the expenditure of tax increment revenue from a District is subject to any limitations on such expenditures with respect to such District contained in the Minnesota Tax Increment Financing Act (Minnesota Statutes, Section 469.174 to 469.179). This 1996 Amendment to the Master Modification does not include the Additional Property in any of the Districts. • This 1996 Amendment to the Master Modification is approved by the Commissioners of the HRA and the City pursuant to Minnesota Statutes, Chapter • 469.029, subdivision 6, and Minnesota Statutes, Section 469.175, subdivision 4. H. STATEMENT OF NEED AND OBJECTIVES The inclusion of the Additional Property in the Redevelopment Plans will aid in the redevelopment of the Additional Property in a manner beneficial to the residents of the City and consistent with the objectives of the HRA as stated in Redevelopment Plans and which will meet the needs specified in Redevelopment Plans. III. ADDITIONAL EXPENDITURE OF TAX INCREMENT Additional expenditures of tax increment authorized by this 1996 Amendment to the Master Modification of the Redevelopment Plans and Tax Increment Financing Plans include costs associated with acquisition and rehabilitation and other public redevelopment costs associated with redevelopment activities related to the areas subject to the Redevelopment Plans. At this time the HRA has not specifically identified any property to be acquired by the HRA but the HRA reserves the right to acquire any property if it determines that such acquisition is desirable in connection with the redevelopment of such property. In addition, in connection with any redevelopment of the property the HRA may become a limited partner in the owner of the property if it deems it desirable. The additional new expenditures of tax increment authorized hereby with respect to the development or redevelopment of certain property subject to the Redevelopment Plans are as follows: Expenditure Property/Activity Authorized Redevelopment of vacant property between Industrial Custom Products and Amoco Station on 37th Avenue North $ 233,000 Bridge work along Silver Lake Road between 37th Avenue NE and Silver Lane 100,000 Streetscape within City 250.000 $ 583,000 In addition, the amount of additional expenditures for certain items set forth in Article III of the Master Modification are amended as follows: • -2- Expenditure Increase Authorized in New (Decrease) from Master Expenditure Master Property/Activity Modification Amount Modification Old Clark Station/Redevelopment $ 30,000 $ 40,000 $ 10;000 Bowling Alley Redevelopment 60,000 40,000 (20,000) St. Anthony Shopping Center Area 35,000 60,000 25,000 Vacant Lots on Silver Lake Road 60,000 75,000 15,000 Apache Plaza Redevelopment 300,000 820,000 520,000 Community Center 3,000,000 3,100,000 100,000 Lowrey Grove Development 500,000 -0- (500,000) Autumn Woods Senior Project (KFC and approximately 10 homes) 500,000 1,300,000 800,000 Net Increase in Expenditures- $950,000 The additional expenditures authorized by the 1996 Amendment to the Master Modification total $1,533,000. The use of tax increment derived from the Districts to pay the costs described above is hereby authorized. Such costs may be paid directly from tax increment derived from the Districts, or may be paid indirectly from tax increment derived from the Districts, by the payment of debt service on a loan or loans made by the City to the HRA or by the HRA to finance such cost. Any such loan made by the City or HRA will be repaid, with interest, from the tax increment derived from the Districts. Other than the loan or loans from the City or the HRA, it is not expected that any obligations will be issued by the City or HRA to finance such costs. IV. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES It is estimated fiscal and economic implications of the additional expenditures of tax increment revenue derived from the Districts authorized by this Master Modification will be as follows: The local governmental units other than the City which are authorized by law to levy ad valorem property taxes in the area where the Districts are located are Independent School District No. 282, Hennepin County, Ramsey County, the HRA, and various metropolitan area authorities, including the Metropolitan Council, the Metropolitan Transit Commission, the Metropolitan Airports . Commission and the Metropolitan Mosquito Control District (the local government units). • -3- After the establishment and durin g the continuation of the Districts, as a result of the Redevelopment Projects and the implementation of the Redevelopment Plans and the improvements in the Districts there has been an increase in the tax capacity of the taxable property in the Districts. If the tax increments derived from the Districts are not applied to pay the additional expenditures described herein, certain of the Districts would terminate earlier than would otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in the;Districts in the anticipated amounts. Upon such termination such increased tax capacity would be available for taxation by the local governmental units. However, as a result of the Master Modification and this 1996 Amendment thereto such increase in tax capacity will not be available for taxation by the local governmental units until a later date with respect to certain of the Districts. Offsetting such later termination of the Districts will be an increase in tax capacity to certain property which is not located in a tax increment financing district as a result of redevelopment of such property. Such increase in tax capacity will be available for taxation by the City and the local governmental units. V. DETERMINATIONS IN ORIGINAL FINANCING PLAN The determinations made in the Financing Plans with respect to designation of the Kenzie Terrace Tax Increment District as a redevelopment district • and the designation-of the Chandler Place Tax Increment District as a housing district, the impact of the establishment of the Districts and the implementation of the Redevelopment Plans and undertaking of the Redevelopment Projects and the captured tax capacity of the Districts upon the redevelopment thereof are not affected by this Master Modification and such determinations remain in full force and effect following the adoption of this Master Modification. VI. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to further alter the Master Modification and to further amend or modify the Redevelopment Plans and the Financing Plans by their joint action, subject to the provisions of state law regulating such action. VII. ORIGINAL PLAN The Redevelopment Plans and the Financing Plans, except to the extent provisions thereof are explicitly amended or supplemented by the Master Modification and this 1996 Amendment thereto shall remain in and be in full force and effect. • -4- EXHIBIT A ADDITIONAL PROPERTY SUBJECT TO REDEVELOPMENT PLANS Vacant property between Industrial Custom Products and Amoco Station on 37th Avenue North Bridge work along Silver Lake Road between 37th Avenue NE and'Silver Lane Streetscape with the City • u rC• SrTOf Y 111 U cY..c. is I .M..Y. ST. ANTHONY TIF DISTRICT Dffl 3 ' Areas in established TIF Districts. f .1 z s q !D If Areas in addition to areas in the TIF Districts where funds from the TIF „ E a f . . District can be expanded. r 0 r .o 1 � • ao�oo e a�•�II V N .l 1i 6IV ' V M 1 Ih+u.l /1 a YINNf1VOl1! O �\1... a° n CITY OF ST. ANTHONY RESOLUTION NO. 9 6-0 61 RESOLUTION APPROVING 1996 AMENDMENTS TO MASTER MODIFICATION TO REDEVELOPMENT . .PLANS AND TAX INCREMENT FINANCING PLANS AND MAKING FINDINGS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota as follows: 1. The Commissioners of the Housing and Redevelopment Authority of the City of St. Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota (the "City"), have previously approved Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto (the "Redevelopment Plans") and redevelopment projects (the "Redevelopment Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment costs to be incurred by the City and the HRA in connection with certain of the Redevelopment Plans and Redevelopment Projects, the HRA and the City have approved Tax Increment Financing Plans (the "Financing Plans"), which establish two tax increment financing districts which are designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the ."Districts"). In 1995 the Board of Commissioners of the HRA and the City approved an amendment to the Redevelopment Plans and the Financing Plans which is entitled "Master Modification to Redevelopment Plans and Tax Increment Financing Plans" (the "Master Modification"). The Master Modification combines the areas subject to the Redevelopment Plans and expands the area subject to the Redevelopment Plans and authorizes the expenditure of tax increment revenues derived from the Districts to pay public redevelopment costs in the additional area made subject to the Redevelopment Plans by the Master Modification and costs related to construction of a community center designed to serve residents of the City. The BRA has approved an additional amendment to the Redevelopment Plans and Tax Increment Financing Plans which is entitled "1996 Amendments to.Master Modification to Redevelopment Plans and Tax Increment Financing Plans" (the "1996 Amendment") to expand the area subject to the Redevelopment Plans and amend the Financing Plans to authorize the additional expenditure of tax increment revenues derived from either of Districts to pay public redevelopment costs in the area subject to the Redevelopment Plans. 2. This Council on November 12, 1996, held a public hearing on the 1996"Amendment after notice of the public hearing was published in the official newspaper of the City not less than ten (10) days prior to the date of the hearing. At • such public hearing all persons desiring to be heard with respect to the 1996 Amendment were given an opportunity to express their views with respect thereto. 3. This Council has previously found that the Kenzie Terrace Tax • Increment District is a redevelopment district within the scope of Minnesota Statutes, Section 469.174, subdivision 10, and that the Chandler Place Tax Increment District is a housing district within the scope of Minnesota Statutes Section 469.174, subdivision 11, and the 1996,Amendment will not.change such prior findings. The 1996 Amendment further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment Projects and the Financing Plans, by redeveloping property in the City and by providing needed facilities which will be of benefit to all residents of the City, including those residing in the area subject to the Redevelopment Plans, prior to the inclusion of the additional.property by the 1996 Amendment. 4. Pursuant to Minnesota Statutes, Section 469.175, subdivision 4, it is hereby found that: (A) Kenzie Terrace Tax Increment District, is a redevelopment district, as defined in Minnesota Statutes, Section 469.174, subdivision 10, and Chandler Place Tax Increment District is a housing district, as defined in Minnesota Statutes, Section 469.174, subdivision 11, for the reasons set forth in previous findings by this Council, and the 1996 Amendment does not alter these previous S findings. (B) The proposed development to be undertaken in accordance with the Redevelopment Plans, as amended by the Master Modification and 1996 Amendment, in the opinion of this Council would not occur solely through private,investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. (C) The Financing Plans, as amended by the Master , Modification and 1996 Amendment, conforms to the general plan for the development of the City as a whole. (D) The Financing Plans, as amended by the Master Modification and the 1996 Amendment, will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the area subject to Redevelopment Plans by private enterprise. -2- (E) The City confirms its election of the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, subdivision 3, clause (a) with respect to each of the Districts. Passed by the Council this 12th day of November, 1996. Mayor Attest: City Clerk Reviewed for Administration: City Manager • • -3- October 31, 1996 Honorable Mayor and City Council City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418' Re: Request to Advertise Project 1997 Street and Watermain Improvements St. Anthony, Minnesota RCM Project No. 10366.02 Ic III Dear Council Members: Rieke Carroll Muller Associates, Inc. (RCM) has prepared plans, specifications, and cost carr oll estimate for the 1997 Street and Watermain Improvements project, as directed by the Council Carr muller at its regular meeting on July 9, 1996. Please find enclosed a breakdown of estimated project 7neeinc. costs and a preliminary assessment roll for your review and consideration. This information rs cts was presented to affected property owners at a neighborhood meeting held in Council land surveyors Chambers on Wednesday, October 30, 1996. equal opportunity employer At this time, RCM requests your permission to advertise the project for the purpose of receiving bids. With your approval, we will prepare an advertisement to appear in the local paper and the Construction Bulletin. If you have any questions regarding this matter, please contact me. Y f, Sincerely, Robert L. Moberg, P.E. • Project Manager • RIEKE CARROLL MULLER ASSOCIATES, INC. 1 J96 A. RLM/ka Enclosure 001 red circle drive box 130 minnetonka, minnesota 55343-0130 612) 935-6901 ax (612) 935-8814 City of St Anthony • • Assessment Roll for 1997 Street Reconstruction(Estimate) RCM Project No.10366.02 Estimated Assessable Street Watermain Total Name Address PIN# Footage Assessment Connection Assessment M.J. &K.M.Jensen 2609-35th Avenue N.E. 06-029-23 21 0037 110.00 $3,945.70 $3,945.70 D.W. &P.L. Gault 3503 Edward Street N.E. 06-029-23 21 0038 52.33 $1,877.08 $1,877.08 Phyllis D. Fife 3500 Harding Street N.E. 06-029-23 21 0121 43.33 $1,554.25 $1,554.25 E.W. &D.C. Hunstad 3606 Roosevelt Street N.E. 06-029-23 22 0001 55.00 $1,972.85 $400.00 $2,372.85 W.&J. Nelson 3600 Roosevelt Street N.E. 06-029-23 22 0002 55.00 $1,972.85 $400.00 $2,372.85 Jolene Connolly 3540 Roosevelt Street N.E. 06-029-23 22 0004 83.00 $2,977.21 $400.00 $3,377.21 Julie C. Hams 3536 Roosevelt Street N.E. 06-029-23 22 0005 80.00 $2,869.60 $400.00 $3,269.60 Gloria M.Gerk 3532 Roosevelt Street N.E. 06-029-23 22 0006 80.00 2,869.60-,- $400.00 $3,269.60 W.R.Whitehill 3528 Roosevelt Street N.E. 06-029-23 22 0007 77.00 $2,761.99 $400.00 $3,161.99 R.C. &J.R.Haug 3520 Roosevelt Street N.E. 06-029-23 22 0008 80.00 $2,869.60 $400.00 $3,269.60 A.T. &J.T.Carver 3516 Roosevelt Street N.E. 06-029-23 22.0009 80.00 $2,869.60 $400.00 $3,269.60 W. &B.Ferguson 3512 Roosevelt Street N.E. 06-029-23 22 0010 55.00 $1,972.85 $400.00 $2,372.85 J.H.&L.S.Com ardo 3510 Roosevelt Street N.E. 06-029-23 22 0011 55.00 $1,972.85 $400.00 $2,372.85 C.G. &L.A. Luftman 3508 Roosevelt Street N.E. 06-029-23 22 0012 69.50 $2,492.97 $400.00 $2,892.97 R.S. &M.B. Schlauch 2517-35th Avenue N.E. 06-029-23 22 0048 100.00 $3,587.00 $3,587.00 G.&J. Roscoe 3500 Edward Street 06-029-23 22 0050 45.57 $1,634.60 $1.634.60 Nick S.Subak et al. 3501 Stinson Boulevard N.E. 06-029-23 22 0051 52.66 $1,888.91 $1,888.91 M.C. &C.A. Rekuski 3501 Roosevelt Street N.E. 06-029-23 22 0052 146.55 $5,256.75 $400.00 $5,656.75 W.R.&E.J. Schwalbe 3500 Roosevelt Street N.E. 06-029-23 22 0053 126.32 $4,531.10 $400.00 $4,931.10 R.G.Whitehill et al. 3601 Roosevelt Street N.E. 06-029-23 22 0069 45.66 $1,637.82 $1,637.82 R.C. &M.G. Dittrich 3605 Roosevelt Street N.E. 06-029-23 22 0070 45.40 $1,628.50 $400.00 $2,028.50 c/o R.H.&S.D.Roder 06-029-23 22 0071 45.40 $1,628.50 $1,628.50 T.&M.Walek 3621 Roosevelt Street N.E. 06-029-23 22 0072 45.40 $1,628.50 $400.00 $2,028.50 06-029-23 22 0073 45.40 $1,628.50 $1,628.50 06-029-23 22 0074 45.40 $1,628.50 $1,628.50 Mildred Jensen 3629 Roosevelt Street N.E. 06-029-23.22 0075 45.40 $1,628.50 $400.00 $2,028.50 06-029-23 22 0076 45.40 $1,628.50 $1,628.50 06-029-23 22 0078 22.70 $814.25 $814.25 D.P. &L.A.Zurbey 3637 Roosevelt Street N.E. 06-029-23 22 0077 22.70 $814.25 $400.00 $1,214.25 06-029-23 22 0079 45.40 $1,628.50 $1,628.50 06-029-23 22 0080 45.40 $1,628.50 $1,628.50 Joseph P. Morgan 3645 Roosevelt Street N.E. 06-029-23 22 0081 45.40 $1,628.50 $400.00 $2,028.50 06-029-23 22 0082 45.40 $1,628.50 $1,628.50 Jane Ruud Olin 3653 Roosevelt Street N.E. 06-029-23 22 0083 45.40 $1,628.50 $400.00 $2,028.50 K.G. Hu ill&J.K. Newton 3657 Roosevelt Street N.E. 06-029-23 22 0084 45.40 $1,628.50 $400.00 $2,028.50 Marjorie G.Shaddrick 2500-37th Avenue N.E. 06-029-23 22 0085 45.40 $1,628.50 $1,628.50 D.E. Kahle&D. Lea-Kahle 3632 Roosevelt Street N.E. 06-029-23 22 0089 66.00 $2,367.42 $400.00 $2,767.42 06-029-23 22 0090 22.001 $789.14 $789.14 10/31/96 09:08 AM 1 Estimated Assessable Street Watermain Total Name Address PIN# Footage Assessment Connection Assessment Roger J. Montgomery,et al. 3628 Roosevelt Street N.E. 06-029-23 22 0091 66.00 $2,367.42 $400.00 $2,767.42 Elaine Matth s 3624 Roosevelt Street N.E. 06-029-23 22 0092 88.00 $3,156.56 $400.00 $3,556.56 M.J. &B.R.Watson 3620 Roosevelt Street N.E. 06-029-23 22 0093 71.00 $2,546.77 $400.00 $2,946.77 T.&M. Moffat 3616 Roosevelt Street N.E. 06-029-23 22 0094 71.00 $2,546.77 • 400.001 $2,946.77 Eva H. Lorimer 3612 Roosevelt Street N.E. 06-029-23 22 0095 79.50 $2,851.67 $400.00 $3,251.67 M.J.Johnson&M.M.Johnson 3519 Roosevelt Street N.E. 06-029-23 22 0113 87.00 $3,120.69 $400.00 $3,520.69 T.A. Ryan&M.A. Ryan 3511 Roosevelt Street N.E. 06-029-23 22 0114 87.00 $3,120.69 $400.00 $3,520.69 Irene J.Gilchrist Trustee 3509 Roosevelt Street N.E. 06-029-23 22 0115 65.25 $2,340.52 $400.00 $2,740.52 Lauren J. McClanahan&Wife 3507 Roosevelt Street N.E. 06-029-23 22 0116 63.09 $2,263.04 $400.00 $2,663.04 Linda Warmuth 3533 Roosevelt Street N.E. 06-029-23 22 0120 65.25 $2,340.52 $400.00 $2,740.52 Duc Pham&M.T.Cao 3557 Roosevelt Street N.E. 06-029-23 22 0121 87.00 $3,120.69 $400.00 $3,520.69 Ralph T.Johnson&Wife 2504-36th Avenue N.E. 06-029-23 22 0122 43.50 $1,560.35 $1,560.35 S.L. Kaplan etal.Trustees 3642 Roosevelt St. N.E. 06-029-23 22 0124 154.00 $5,523.98 $800.00 $6,323.98 c/o James W.Lupient 7100 Wayzata Boulevard Minneapolis,MN 55426 Joseph Mezzen a 3548 Roosevelt St. N.E. 06-029-23 22 0126 50.00 $1,793.50 $400.00 $2,193.50 Kenneth R.Klucas 3529 Roosevelt St. N.E. 06-029-23 22 0128 65.25 $2,340.52 $400.00 $2,740.52 J.G.Shudy Jr.&M.M. Shudy 3525 Roosevelt St. N.E. 06-029-23 22 0129 87.00 $3,120.69 $400.00 $3,520.69 Ralph M.O'Brien et al.c/o Eldon W.&Mary E. Block 3430 Edward Street N.E. 06-029-23 23 0004 45.33 $1,625.99 $1,625.99 Ann S.Schwalbe 2516-35th Avenue N.E. 06-029-23 23 0005 100.70 $3,612.11 $3,612.11 Lori Lynn Kaste 3441.Stinson Boulevard 06-029-23 23 0019 52.66 $1,888.91 $1,888.91 Curtis J. Petrich et al. 3429 Roosevelt Street N.E. 06-029-23 23 0030 53.43 $1,916.53 $1,916.53 W.C. Hildebrandt et al. 3428 Roosevelt Street N.E. 06-029-23 23 0038 51.34 $1,841.57 $1,841.57 G. &C. Hayes 2608-35th Avenue N.E. 06-029-23 23 0097 100.00 $3,587.00 $3,587.00 Steven J.Tocko 3429 Edward Street N.E. 06-029-23 23 0098 44.66 $1,601.95 $1,601.95 E.D.&T.M.Sabby 13436 Harding Street N.E. 06-029-23 23 0107 54.33 $1,948.82 $1,948.82 Total 3993.211 $143,236.50 $14,800.00 $158,036.50 Total Assessable Footage 3993.21 Total Assessable Street Cost $143,236.50 Assessment per Foot of Frontage $35.87 Total Assessible Watermain Cost $14,800.00 Watermain Assessment per Connection $400.00 10/31/96 :08 AM - � • City of St.Anthony 1997 Street and Watermain Improvements • Estimated Project Costs and Assessments RCM Project No. 10366.02 Table 1 Breakdown of Construction Costs Total Construction Cost= $520,002.64 Total Street Construction Costs= $334,183.49 Total Watermain Construction Costs= $98,872.65 Total Storm Sewer Construction Costs= $86,946.50 Table 2 Breakdown of Project Costs(including Engineering&Administration) Total Project Costs= $636,852.64 Total Street Project Costs= $409,278.00 Total Watermain Project Costs= $121,090.36 Total Stone Sewer Project Costs= $106,484.28 Table 3 Breakdown of Street Costs • Total Assessable Footage for all Streets=3,993.21 LF Total Street Project Cost(includes engineering,legal and admin.) $409,278.00 Assessable Amount(35%) $143,247.30 City Amount(65%) $266,030.70 Estimated Assessment Rate per Foot=$35.87 (including bonding costs,but does not include water service connection assessment) Table 4 Breakdown of Watermain Costs Total Watermain Project Cost(includes engineering,legal and admin.) $121,090.36 Assessable Amount($400 per connection,37 Connections) ($14,800.00) City Amount $106,290.36 Table 5 Breakdown of Total Estimated Project Costs Assessed Share(Streets and Water Connection) $158,047.30 City Share(Streets and Watermain) $372,321.06 • Storm Sewer $106,484.28 Total Estimated Project Cost $636,852.64 • UPDATED-SCHEDULE FOR 1997 STREET IMPROVEMENTS PROJECT' Activity; 1. Order feasibility report June 10, 1996 2. Receive report and order plans and specifications July.9, 1996 3. Hold neighborhood meeting -October 30, 1996 4. Approve plans and specifications and order November 12, 1996 • advertisement for bids Council meeting 5. Receive bids, compute assessments December 17, 1996 6. Approve 3 resolutions on improvement hearing December 18, 1996 .. and special assessments 7. Hold improvement and assessment hearings; February 11, 1997 Award bid; February 11, 1997 Call for bond sales February 11, 1997.- 8. Award sale of bonds March 11, 1997 9. Construction May to August, 1997 10. assessments to county auditor August, 1997 CITY OF ST. ANTHONY • RESOLUTION 96-058 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution passed by the Council on July 9, 1996, the engineering firm of Rieke Carroll Muller and Associates has prepared plans and specifications for the improvement of Roosevelt Street, between 35th Avenue NE and 37th Avenue NE; and, 35th Avenue NE, between Stinson Boulevard and Harding Street by reconstruction of the roadways and utilities. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of St. Anthony that: 1) Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2) Such plans and specifications are hereby approved. S 3) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the Construction Bulletin,,ad advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two times, shall specify the work to be done, shall state that bids will be opened on December 17, 1996, and bids the responsibility of the bidders will be considered by the City Council at 7:00 P.M. on February 11, 1996, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of St. Anthony for Five (5%) percent of the amount of such bid. Adopted this day of , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager MEMORANDUM DATE: October 23, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager • ITEM: TERMINATION OF APACHE WELLS LEASE Attached is a resolution to terminate the Apache Wells lease, effective August 1, 1996 to August 31, 1999. A savings of 37 months to the City which equals a cash savings to the City of$132,840. CITY OF ST. ANTHONY RESOLUTION 96-057 A RESOLUTION APPROVING THE TERMINATION OF LEASE AGREEMENT RELATING TO SPACE LEASED FOR THE OPERATION OF THE APACHE WELLS BAR AND GRILL BE IT RESOLVED by the City Council of the City of St. Anthony that the Termination of Lease Agreement between the Ste. Marie Company and the City of St. Anthony for space rented by the City for the operation of the Apache Wells Bar and Grill is hereby approved on behalf of the City. • Adopted this day of , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • "'FROM BRIGGS & MORGAN (TUE) 10. 22' 96 15:53/ST. 15:53/NO. 3561732477 P 2 LAW grrzv.. s BRIGGS &wr) MORG.A N P&0Iz96T0,N41.ASSOCIATION 2200 VIRg1' NATIONAL HANTC AMLMNO SAINT PAIL,MTNNEBOTA. 00301 TZLEPI CNA (O(2) 220.9600 BACSIMILZ (012) •d20.04nO- X INNEAPOLIS Or=r, October obe r 2 2, 1996 etrhNPAMLIS,KarNasau 60402 a*RTTA.AB ATnRCT auL Rvttazft , T73J"1tPTiONE fG121 OII4•BAOO (612 2 2 - 6 3 recsrrnl n 0ii0)004-0650 VIA TELECOPIER Michael J. Mornson City of St . Anthony 3301 Silver Lake Road St . Anthony, MN 55418-1699 Subject : Ste. Marne Company Apache Wells Lease I understand Ste. Marie Company has now agreed to terminate the Apache Wells lease with the City of St. Anthony. Accordingly, • Larry McCabe of Ste. Marie Company asked that I fax to you the attached proposed form of Termination of Lease Agreement. Once you have had a chance to review this Agreement, please let me .know whether you have any questions or comments . I am also faxing a copy of the Agreement to Bill Soth for his review. David G. Leen g DGG/j ep Enclosure cc : Larry McCabe William Soth "FROM BRIGGS & MORGAN (TUE) 10. 22' 96 15:50T. 15:53/NO. 3561732477 P 3 Termination of Lease Agreement This Termination of Lease Agreement ("Agreement") made this day of October, 1996, by and between Ste. Maxie Company, a Minnesota corporation, successor in interest to Apache Plaza, Ltd. , as landlord ("Landlord") and the city of St. Anthony, Minnesota, a Minnesota municipal corporation, as tenant ("Tenant") , relating to that certain Agreement of Lease dated Tune 2, 1989 by and between Apache Plaza, Ltd. and Tenant for the leasing of certain space located in Apache Plaza Shopping Center (as the same may have been amended, the "Lease") located, in part, upon Lot 7, Block 1, Silver Lake Center, Ramsey County, Minnesota. For good and valuable consideration, Landlord and Tenant agree as follows : 1 . The Lease is terminated effective as of the date hereof. 2 . Notwithstanding said termination, this Agreement shall not release or discharge any liabilities or obligations that Tenant may have to Landlord under and pursuant to the terms and provisions of the Lease, which obligations and liabilities have arisen or accrued prior to the date hereof; provided, however, that Tenant shall have no obligation or responsibility to Landlord for the ,payment of minimum guaranteed annual rent or rent based upon gross ' sales for the period. commencing on August 'l, 1996 through the date • 'hereof. 3 . Tenant shall immediately upon removal of its personal property and trade fixtures, if any, deliver to Landlord possession of the leased premises and all keys thereto. 4 . Tenant shall, within thirty (30) days of the date hereof, remove all personal property and trade fixtures, if any, from the leased premises and repair any damage caused by the removal of such personal property and trade fixtures, at Tenant' s sole cost and expense . Notwithstanding any provision of this Agreement to the contrary, Tenant shall continue to be liable for damages or injuries caused by it or its agents or employees in the removal of such personal property and trade fixtures, or arising from its activities conducted in or about the leased premises, in accordance with the provisions of Article 3 of the Lease. in witness whereof, the parties have caused this Termination of Lease to be signed and delivered as of the day and year first above written. Ste. Marie Company, a Minnesota corporation By: • Its: 334947.1 FROM BRIGGS & MORGAN (TUE) 10. 22' 96 15:54/ST. 15:53/NO. 3561732477 P 4 City of St. Anthony, Minnesota, a Minnesota municipal corporation By: Its : Mayor By: Its: City Manager STATE OF MINNESOTA ) ss. - COUNTY OF RAMSSY ) The foregoing instrument was acknowledged before me this day of October, by , the of Ste. Maxie. Company, a Minnesota corporation, on behalf of the corporation. I Notary Public STATE OF MINNESOTA ) COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of October, by and , the Mayor and City Manager, respectively, of the City of St. Anthony, Minnesota, a municipal corporation, on behalf of the corporation. Notary Public Drafted bv: Briggs and Morgan, P.A. (DGG) • 2200 First National Bank Bldg. St. Paul., MN 55101 612/223-6636 334941.1 2 STAFF REPORT DATE: November 12, 1996 TO: Michael J. Mornson, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: SCORE Recycling Grant Application, The City has been invited once again this year to submit a grant application for recycling funds through the SCORE Grant program. St. Anthony's allocation for 1997 is $5,300, which is increased slightly from 1996. Staff recommends approving the grant application and participating in the program. • • CITY OF ST. ANTHONY RESOLUTION 96-059 A RESOLUTION APPROVING SUBMITTAL OF THE 1997 RAMSEY COUNTY SCORE FUNDING GRANT APPLICATION AND ENTERING INTO A CONTRACT FOR THIS PROGRAM WHEREAS, Ramsey County has made a portion of its SCORE funding grant revenues available to the City for its municipal source-separated recyclables program; and WHEREAS, the City of St. Anthony has completed the required grant application; and WHEREAS, the funds would be used for the City's source-separated recyclables program. • NOW, THEREFORE, BE IT RESOLVED, that the city Council of the city of St. Anthony hereby approves the submittal of the 1997 Ramsey County SCORE Funding Grant Application and entering into a contract for this program. Adopted this day of , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH SOLID WASTE DIVISION 1996 SCORE FUNDING GRANT APPLICATION CITY/TOWNSHIP- St. Anthony Village DATE November 1, 1996 CONTACT PERSON Kim Moore-Sykes —PROGRAM PERIOD: 1/1/97 - 12/31/97 ADDRESS 3301 Silver Lake Road St. Anthony, MN 55418 PHONE 612, 789-8881 FAX - - (612) 781-9323 1. DESCRIPTION OF 1996 RECYCLING PROGRAM: A. SERVICE DESCRIPTION SINGLE FAMILY RESIDENCES: Curbside pick-up and drop off of listed items collected.'. MULTI-FAMILY RESIDENCES: Ordinance requires owner/manager to provide recgycling opportunities to tenants. CONDOMINIUM RESIDENCES:_._Same as Multi-family Residences. • MANUFACTURED HOME PARKS: Same as Single Family Residences. St. Anthony has one mobile home park. NAME OF COLLECTOR(S): FBI-Woodlake, Waste Management, Twin City Sanitation, Larry's Quality Sanitation, Nitti Disposal, Walter's Rubbish. ITEMS COLLECTED FOR RECYCLING: Newspapers, glass, plastic bottles, aluminum, tin cans, corrugated cardboard and in some instances, cereal boxes. B. DESCRIBE THE LONG TERM SOURCE(S) OF FUNDING'FOR RECYCLING SERVICES: The City's hauler licensing ordinance requires residential haulers to provide curbside recycling services to all their residential customers at no cost to the City. The City receives-80% in funding assistance for public education, drop-off, collection, administration, etc. for the Hennepin County portion of the City. The City's General Fund reserves are.allocated for the drop-off center, public education, and administration. . The Spring Clean-Up Day is funded through user fees. C. DESCRIBE CHANGES TO THE PROGRAM 1997: None anticipated at this time. • -2. HOW DO YOU PROPOSE TO USE SCORE FUNDING GRANT FUNDS? • PLEASE DESCRIBE HOW A SCORE FUNDING GRANT WOULD ENHANCE/IMPROVE RECYCLING EFFORTS IN YOUR COMMUNITY (PLEASE BE VERY SPECIFIC, AND INCLUDE MEASURABLE GOALS AND ANY PROGRAM CHANGES FOR 1997). The City of St. Anthony proposes to use SCORE Funds to maintain and increase participation and tonnage collected through educational efforts. This efforts include answering questions that the City receives from residents; newsletter articles in each of the quarterly issues, including holiday recycling information from various sources; and flyers available at City Hall with other recycling and composting information. A percentage of funds will also be used for administrative purposes. 3. HOW WILL THESE ACTIVITIES BE EVALUATED? The City receives monthly reports of tons collected from its haulers. This information is provided to the City Council and Staff. Also tracking the number of calls received from residents indicates that residents are reading or hearing information that they have questions about and therefore increasing their understanding of recycling. .4. IF THESE ACTIVITIES (INCLUDING RECYCLING COLLECTION) WILL BE CONDUCTED BY A SUBCONTRACTOR, WHAT PROVISIONS WILL BE MADE TO MONITOR AND AUDIT SUBCONTRACTOR ACTIVITIES? • The City and'Drop-Off Center contractors have entered into a contract. Monthly invoices and weigh tickets must be submitted. These are reviewed twice a year through the provision of recycling reports to Ramsey and Hennepin Counties. 5. IF THESE ACTIVITIES WILL BE ONGOING AFTER THIS GRANT PERIOD, HOW WILL THEY BE FUNDED? Any ongoing activities will be funded by the General Fund reserves and any applicable portion of the Hennepin County grant funds. 6. SCORE FUNDING GRANT PROPOSED BUDGET (PLEASE ATTACH A i COPY OF YOUR ADOPTED 1997 MUNICIPAL RECYCLING BUDGET): ADMINISTRATION: $ 1;700.00 PROMOTIONAL ACTIVITIES (PLEASE DETAIL): $ 702.00 -Special edition waste reduction newsletter. Clean-Up Day — flyers, newsletter article. On-going articles on recycling, composting, etc. • 2 of 4 EQUIPMENT (PLEASE DETAIL): $ 800.00 Residential Recycle Bins Branch Chipper COLLECTION OF RECYCLABLES (PLEASE DETAIL): $ 2,098.00 Magazine/Catalog collection Plastic collection Spring and Fall tree and brush collections Spring Clean-Up Daffy, -TOTAL $ 5,300.00 7. PLEASE DESCRIBE YOUR MUNICIPAL IN-HOUSE RECYCLING PROGRAM: The City reuses paper, cardboard and other items, as is practicable. The City has mixed paper and office paper recycling, along with the other basic items that we require our residents to recycle. The City returns laser printer cartridges to the manufacturer for reuse. The City also purchases paper products through a Hennepin County contract that has recycled material content when possible. The City has a source reduction plan and • encourages its implementation whenever possible. 8. DESCRIBE THE CITY'S RECYCLING PROMOTIONAL EFFORTS; TYPES OF PROMOTIONAL MATERIALS USED AND SCHEDULES FOR DISTRIBUTION OF INFORMATION. A quarterly newsletter contains relevant recycling and conservation information. The City also provides a 6-8 page special edition recycling newsletter annually. The City also promotes recycling on the City's cable channel, flyers are put in the City Hall information rack and hand-outs are given to new residents when they or anyone else picks up their recycling bins. The City also organizes and promotes its annual Spring Clean-Up Day. The Recycling Coordinator works with the local newspapers and community groups to encourage and maintain recycling efforts throughout the City. 9. PLEASE ATTACH A RESOLUTION FROM YOUR GOVERNING BODY- REQUESTING THE FUNDING ALLOCATION OR A CERTIFIED COPY OF THE OFFICIAL PROCEEDINGS AT WHICH THE REQUEST WAS APPROVED. • 3 of 4 NAME OF PERSON AUTHORIZED TO SUBMIT GRANT: Kim Moor -S ke i - A ) 'hJ9rVl,,l�-,J,�� Signature TITLE OF PERSON AUTHORIZED TO SUBMIT GRANT: Management Assistant PLEASE RETURN THE COMPLETED GRANT APPLICATION FORM BY NOVEMBER 1, 1997 TO: CATHI LYMAN-ONKKA, PROGRAM ANALYST RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH SOLID WASTE DIVISION 1670 BEAM AVENUE, SUITE B MAPLEWOOD, MN 55109-1129 - FAX: 773-4454 • 9656sco.rsy • 4 of 4 STAFF REPORT DATE: November 12, 1996 TO: Michael J. Mornson, City Manager FROM: Kim Moore-Sykes, Management Assistant V;/ ITEM: Schnitzer Group Agreement We received a letter from the acting MICA Commissioner stating that .there is not sufficient information available to redesignate the City as de minimis for the Schnitzer site. In speaking with Mark Kaster about the City's options regarding this matter, he indicted that by joining the PRP Group, the City will have greater legal protection at a more reasonable cost. Staff recommends that the City sign the Group agreement and pay the initial assessment of $3,000. By doing,so, the City will be kept informed of issues related to.the clean-up of the Site and we will have a better position from which to negotiate the final assessment. PRP-GRPS.RPT • CITY OF ST. ANTHONY RESOLUTION 96-060 A RESOLUTION APPROVING A GROUP AGREEMENT RELATIVE TO THE SCHNITZER IRON AND METAL MERLA SITE WHEREAS, the City of St. Anthony desires to be included in a cooperative working group with respect to the Schnitzer Iron and Metal Minnesota Environmental Response and Liability Act ("MERLA") Site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Schnitzer Iron and Metal MERLA Site Group Agreement on • behalf of the City of St. Anthony. Adopted this day of , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • SCHNITZER IRON AND METAL MERLA SITE GROUP AGREEMENT This Agreement is.made as of January 26, 1996, between and,among the parties whose authorized representatives have-executed this- Agreement ("Members") so as to establish a cooperative working group with respect to the Schnitzer Iron and Metal Minnesota Environmental Response and Liability Act ("MERLA") Site (the "Site") located in Minneapolis and St. Paul, Minnesota. WHEREAS, without admitting any fact, responsibility,, fault or liability in connection with the Site, the Members wish to (1) devote their resources efficiently to respond to any claims for investigation, response and/or remediation that may be asserted by duly authorized agencies and/or courts of the State of Minnesota or the United States with jurisdiction in connection with environmental conditions at the Site; (2). allocate among themselves common legal, technical, administrative and other costs incurred in connection with this matter; (3) encourage participation of non-participating parties; and (4) preserve and protect, the confidentiality of documents, information and work product received by and developed by the Members. NOW THEREFORE, in consideration of the foregoing, the Members mutually • agree as follows: so 1. The Schnitzer Site Group, The Members hereby organize and constitute themselves as the Schnitzer Site Group which may be referred to herein .as the "Group". Each party whose authorized representative has executed,this Agreement is a Member of the Group. 2. Purgose, 2.1 Activities. It is the purpose of this Agreement that the terms hereof shall control the manner and means by which the Members will: (a) retain common counsel to represent the interests of the Group. (b) retain technical consultants to-provide technical support for the Group's efforts; (c) pursue information linking additional parties to the Site as Responsible Parties ("RP's"); (d) raise and spend all reasonably necessary funds to implement these purposes; and (e) take all necessary and reasonable actions to effectuate this Agreement. (fl' Implement any remediation of the Site as agreed upon by the Group. 3. Organization and Procedures. 3.1 Steering Committee. In order to carry out.the purposes of this Agreement, the Members do hereby establish the Steering Committee. Each Member, and any individual serving on any committee or subcommittee in behalf of any Member, agrees, by virtue of such service, to maintain the privileged nature and confidentiality of all communications and proceedings of such committees and subcommittees; such obligation shall continue in the event such individual should leave the employ of or cease to represent such Member. • 3.2 Steering Committee Chair. The Steering Committee will elect a Chair by a majority of the Voting Power (as defined in Section 3.7), who will also serve.as Chair of the Group. 3.3 Authority to Decide. Except as otherwise provided herein, the Members shall act by and through the Steering Committee. 3.4 Meetings, The Members may authorize or direct actions under this Agreement only at meetings duly hold and called for such purpose, which meetings shall be called regularly by the Steering Committee. Meetings of the Group may be called for any purpose at any time by the Chair or by any three or more Members of the Steering Committee or by any five (5) or more Members-of the Group. Meetings may be held or attended by telephone conference. 3.5 Decision Making. Any matter under this Agreement may be referred to a meeting of the Group. The Group shall attempt to make decisions by consensus; however, except as otherwise provided herein, on any matter put to a vote, such matter shall -2- • • be decided by a majority (more than 50%) of the Voting Power (as defined in Section 3.7 of this Agreement) of the Members present in person or by proxy at the meeting. 3.6 Notice of Meetings. Written.notice of the time, place and purpose of any meeting of the Group shall be given to each Member at least five (5) days and not more than thirty (30) days before the date of such meeting either personally or by mail or by other means of written communication, charges prepaid, addressed to each Member at the address appearing on the service list maintained by the Steering Committee. If a meeting is called on less than five (5) days written notice, the Members calling the meeting shall make"a reasonable effort to provide notice in fact to every Member. No assessment may be made at a meeting at which less than five (5) days notice has been given. 3.7 Voting Power. At any Group meeting, each Member shall have a vote in the proportion that the amount of financial contribution assessed, due and paid by such Member as of the last assessment made pursuant to this Agreement prior to such meeting bears to the total amount of financial contribution • assessed and paid by all Members under this Agreement as of . such assessment; provided that any Member which has been assessed a financial contribution which assessment remains unpaid at the time the meeting is called may vote only upon payment of the full assessment prior to the voting process. 3.8 Voting by Proxy. A Member eligible to vote at a Group meeting may assign in writing, using the form attached to this Agreement, its Voting Power to another Member eligible to vote at the meeting. If the Assigning Member instructs the other Member how to vote the assigned Voting Power, the other Member will faithfully follow such instructions. 3.9 Quorum. Fifty percent (50%) of the eligible Voting Power shall be present in person or represented by proxy at any Group meeting. 3.10 Right of Separate Counsel. Notwithstanding any common legal advice and services in respect to any matter, each Member reserves the right to select and retain its own counsel to represent such Member on any matter and shall advise common counsel and the Steering Committee if such Member is not to • -3- be represented by or through common counsel with respect to • any such matter. 4. Steering Committee , 4.1 Members. Membership on_the. Steering Committee shall be open to any Member who expresses a willingness_ to make its representative reasonably available to participate actively in the functions of the Steering Committee. The Chair will maintain a current list of members of the Committee. If a Member wishes to .be a Member of the Steering Committee, it shall notify the Group in writing and membership shall be effective upon receipt of such notification. A Member may withdraw from membership in the Steering Committee at any time by written notice to the Group. 4.2 Enumerated Powers. The powers, duties and responsibilities of the Steering committee shall include: (a) selecting, retaining, and determining the activities of any technical consultant, common legal counsel, and investigator retained for assistance in the matter; (b) appointing a Technical Subcommittee or other • subcommittee to handle specific matters; (c) communicating with the Minnesota Pollution Control Agency (" MPCA") and other agencies and persons with respect to all matters arising out of the Site; (d) collecting and disseminating information and documents from and among the Members, its consultants and its common counsel; (e) establishing and maintaining on behalf of the Group a trust or escrow account, pursuant to Section 5.5, and providing the Members with a periodic accounting of . those funds pursuant to Section 5.3.of this Agreement; (f) recommending to the Group a method of allocating Shared Costs, as defined. in Section 4.3; and (g) conducting such other activities as are necessary and proper to carry out the purpose of this Agreement. -4- • . 4.3 Shared Costs. Those activities authorized by the Steering Committee or the Group to be incurred on behalf of the Group shall be funded by the Members as Shared Costs, as set out in Section 5. 4.4 Voting, The Steering Committee shall attempt to make decisions by consensus; however, on any matter put to a vote, such matter shall be decided by a majority of the Voting Power of the Steering Committee Members present. in person or by proxy at the meeting. 4.5 Reports to the Group and Call for Group Meetings The Steering Committee shall report in writing its decisions, actions, and recommendations to the Group from time to time as may be necessary to keep the Group fully informed of matters covered by this Agreement, and shall call meetings of the Group when needed to refer to such meetings any matters which, in the judgment of the Steering Committee, should be referred. 4.6 Quorum. Fifty percent (50%) of the eligible Voting Power of the Steering Committee shall be present in person or represented by proxy at any Steering Committee meeting. • 4.7 Compensation. The Members of the Steering Committee shall serve as volunteers without compensation from the Group. 4.8 Gall for. and Notice of. Meetings The Steering Committee may authorize or direct actions under this Agreement only at meetings duly held and called for such purpose, which meetings shall be called regularly by the Steering Committee. Meetings of the Steering Committee may be called by the Chair or by any two (2) Members of the Committee. Whenever feasible, written notice of the time, place and purpose of any meeting of the Steering Committee shall 'be given to each Member at least five (5) days before the date of such meeting either personally, by telephone, by fax, or by other means of written communication charges prepaid, addressed to each such Member at the address appearing on a service list to be maintained by the Steering Committee. If a meeting is called on less than five (5) days written notice, the Members calling the meeting shall make a reasonable effort to provide notice in fact to every Member. Meetings may be held by telephone conference. • � -5- 5. Shared costs. • 5.1 Payments. Assessments for. Shared Costs shall be approved by the .Group. All assessments shall be due and payable within forty-five (45) days of receipt of demand therefor from the Group. Such payments shall not constitute admission of or be evidence of any liability regarding the Site. All payments made shall be credited towards the Member's final allocated cost or settlement. 5.2 Future Contributions. Contributions for.Shared Costs may be . assessed by the Group as needed to carry out the purposes of this Agreement. Future contributions shall be assessed in accordance with such fund-raising mechanisms as are approved by the Group. Any assessment not expended by the Group after complete and final satisfaction of any and all obligations of the Group shall .be distributed to the Members in proportion to the assessment paid by each Member. 5.3 Accounting for Funds. The Steering Committee shall keep an accounting of all funds received by or on behalf of the Members and shall provide to the Members quarterly and annually, • informal accountings of monies received, spent and obligated, and a final accounting upon the termination of this Agreement. Such accountings need not be prepared, audited or certified by a certified public accountant; but any Member may, at that Member's expense, request an independent audit of such accountings. 5.4 Purl2ose of Funds. All monies provided by Members pursuant to this Agreement shall be used solely for the purposes of this Agreement and shall not be considered as payment for any fines, penalties or monetary sanction. 5.5 Trust or Escrow Account. All payments shall be placed into an interest-bearing trust or escrow account by the Steering . Committee. .6. Withdrawal and Removal 6.1 Withdrawal. Any Member may withdraw from all participation . in this Agreement upon written notice as'of the date the notice is postmarked, except that such Member shall remain liable for -6- • • any assessment of which is had written notice more than forty five (45) days prior to the date of withdrawal, provided, however, that a Member upon execution of this Agreement may notify the Group in writing of a maximum Participation Amount. If any assessment results in _the total of all assessments to such Member exceeding.that Member's Participation Amount, such Member shall be deemed to have withdrawn from participation in this Agreement on the date of such assessment unless the Member confirms, in writing and within forty five (45) days after notice of such assessment and each subsequent assessment, that the Member wishes to remain a Member and continue to participate in this Agreement. After the initial designation of a Participation Amount, a'Member may at any time raise the level of its Participation Amount by written notice to the Group. Any member which withdraws from participation in this Agreement shall be subject to the terms and conditions applicable to withdrawing or removed members, including, but not limited to, Sections 8 and 13 hereof. Any Member entering into any settlement with the United States or the State of Minnesota not approved by the Group relating to the Site shall be deemed to have withdrawn from participation in this • Agreement effective upon date of settlement. Any member that so withdraws may re-enter as a new Member pursuant to Paragraph 7, upon payment of prior unpaid assessments, with full credit for previous contributions. 6.2 The Group will take no action for damages against a Member that, withdraws because that Member withdraws as set out herein. A withdrawn Member may enter into another group with purposes similar to this Group. After withdrawing as set out above, a Member will have no obligation or liability for costs associated with or arising from the Site other than what it would have had if it had not ever been a Member. 6.3 Removal of a Member. If any Member's.interests or actions are reasonably alleged to be contrary to the interests of the other Members, such Member may be removed from this Agreement by a vote of three-fourths of the Voting Power of the Group present in person or by proxy at a Group meeting called for the purpose of considering such removal. If any Member fails to pay any portion of any assessed financial contribution pursuant to this Agreement within sixty (60) days following receipt of notice of such assessment, that Member shall be considered in • default and may be removed from this Agreement by a vote of two-thirds of the Voting Power present in person or by proxy at a Steering Committee meeting called for the purpose of considering such removal. Any removed member shall remain liable for any assessment of which it had written notice more than thirty (30) days prior to the date of removal, and shall be subject to the terms and conditions applicable to withdrawing or-,,removed members, including, but not limited to, Sections 8 and 13 hereof. 7. New Members. Any entity that becomes a Member by execution of this Agreement subsequent to the effective date of this Agreement shall be deemed a Member ab initio and shall be assessed and pay all sums which such Member would have been obligated to pay if a Member ab initio, provided that the Steering Committee may impose other or additional conditions of membership for new Members. 8. Confidentiality and Use of Information. 8.1 Shared Information. From time to time, the Members may elect to disclose or transmit to each other, such information as a • Member, the technical consultant, common counsel, or private investigator deems appropriate g for the sole and limited ose ur P P of providing information, advice, thoughts or impressions relating to the Site, or coordinating such activities as may be necessary and proper to carry out the purposes of this Agreement ("Shared Information"). Shared Information may be disclosed to or transferred among the Members orally or in writing or by any other appropriate means of communications. 8.2 Preservation of Privilege. Disclosure of Shared Information between or among Members, common legal counsel or technical advisors shall not be deemed a waiver of the attorney- client'privilege or work product immunity or any other privilege. 8.3 Confidentiality of Shared Information. (a) Each Member agrees that all Shared Information received from any other Member, or counsel, technical consultant or investigator retained by the Group pursuant to this Agreement shall be held in strict confidence by the -8- • receiving Member and by all persons to whom such Shared Information is revealed by the receiving Member, pursuant to this Agreement, and that such information shall be used only in connection with conducting such activities that are necessary and proper to carry out the purposes of this Agreement; . (b) Each Member shall take all necessary and appropriate measures to ensure that any person who is granted access to any Shared Information or who participates in work on common projects or who otherwise assists any counsel, technical consultant, or private investigator in connection with this Agreement,*is familiar with the terms of this Agreement and agrees to comply with such terms as they relate to the duties of such person; (c) The Members intend by this Section to include in the definition of Shared Information all information and documents shared among any Members or between any Member and technical consultant or private investigator retained by the Group to the greatest extent permitted by law regardless of whether the sharing occurred before • execution of this Agreement and regardless of whether or not the information is shared orally or in writing, or whether a writing or document is marked "Confidential"; (d) The confidentiality obligations of the Members under this Section shall remain in full force and effect, without regard to whether a Member withdraws or is removed, whether this Agreement is terminated or whether any action arising out of the Site is terminated by final judgment or settlement. The provisions of this Section shall not apply to information which is now or hereafter becomes public knowledge without violation of this Agreement, or which is sought and obtained from a Member pursuant to applicable discovery procedures and not otherwise protected from disclosure; (e) If a Member withdraws or is removed from the Group the withdrawing or removed Member and the remaining Members shall remain obligated to preserve the confidentiality of all Shared Information. If this Agreement is terminated, the Members shall return documents or physical materials to the Member who • -9- originally provided the Shared Information and all • Members shall remain obligated to preserve the confidentiality of all Shared Information received or disclosed pursuant to this Agreement. (f) Nothing herein shall limit a Member's right to communicate Shared Information with the Member's insurance carrier(s) to the extent necessary to preserve any claim the Member may have under any policy, provided that such communication is made with not less than the same degree of care taken by the Member when communicating its own confidential information to such insurance carrier(s). (g) Each Member acknowledges that public entities who are Members may be required by law to disclose certain Shared Information to the public if requested, and such disclosure by the public entity shall not constitute a violation of the confidentiality provisions of this Agreement. Such public entity Members will use their best effort to (1) keep Shared Information confidential to the extent permitted by law; and • (2) Inform the Chair of any request for Shared Information promptly after such request is made, and not oppose any steps the Group may take to prevent disclosure through court order or other applicable process. 9. Denial of Liability This Agreement shall not.constitute, be interpreted, construed or used as evidence of any admission of liability, law, or fact, nor a waiver of any right or defense, nor an estoppel against any Member by Members as among themselves or by any other person not a Member. However, nothing in this Section is intended or should be construed to limit, bar, or otherwise impede the enforcement of any term or condition of the Agreement against any party to this Agreement. 10. Insurance. -10- • • The Members do not intend hereby to make any agreement that will prejudice any Member with respect to its insurers and, by entering into this Agreement, anticipate that the actions taken pursuant to this Agreement will benefit such insurers. If any insurer makes any claims that any aspect of this Agreement provides a basis for rejection or limitation of coverage of a Member, the Group will attempt, consistent with the objectives of this Agreement, to return any Member subject to such claim to a position that is satisfactory to such insurers. 11 . Successors and Assigns This Agreement shall be binding upon the successors and assigns of the Members. No assignment or delegation of the obligation to make any payment or reimbursement hereunder will release the assigning member without the prior written consent of the Steering Committee. 12. Relationship of Members. No Member, or representative- or counsel for any Member, has acted as counsel for any other Member with respect to such Member entering into this Agreement, except as expressly engaged by such Member with respect to this Agreement, and each Member represents that it has sought and obtained any appropriate legal advice it deems • necessary prior to entering into this Agreement. No Member or its representative- serving on any Committee or Subcommittee shall act or be deemed to act as legal counsel or a representative of any other Member, unless expressly retained by such Member for such purpose, and, except for such express retention, no attorney/client.relationship is intended to be created between representatives on any Committee or Subcommittee and the Members. Nothing herein shall be deemed to create a partnership or joint venture and/or principal and agent relationship between or among the Members. 13. Indemnification No Member or its representative(s) serving on any Committee or Subcommittee shall be liable to any Member for any claim, demand, liability, cost, expense, legal fee, penalty, loss or judgment incurred or arising as a result of any acts or omissions taken or made pursuant to the provisions of this Agreement. • -11- The terms of this Section shall survive the termination of the Agreement and the withdrawal or removal of'any Member. 14. Claims Against Others. 14.1 Agreement Not To Assert Certain Claims Each Member hereby agrees not to assert against any other Member any Claim (whether denominated a cross-claim, third party claim or otherwise) relating to any and all liability arising out of or connected to the Site or litigation or negotiations concerning the Site for the period during which the entity bringing such Claim is-a Member. Further, each Member agrees that the Statute of Limitations and the Statute 'of Repose as to any such Claim are tolled for the period during which the entity bringing such a Claim is a Member. Any Member who has withdrawn or is removed from this Agreement is no longer subject to this moratorium on claims and the tolling of the Statute of -Limitations or Statute of Repose. (a) Notwithstanding the provisions of this Section, any Member may assert in'a court of law or in such other forum as it sees fit any claim, lawsuit or cause of action, whether contingent or matured, which it may have • against another Member who 1) dissolves, publishes a notice of dissolution, or files articles of dissolution with the appropriate governmental entity, or 2) files or has filed against it a petition in bankruptcy or similar proceeding. Any such assertion of claims shall not affect the agreements in this Section among the other Members. (b) Notwithstanding the provisions of this Section, any Member may assert against any other Member any contingent or matured claim arising out of a contractual relationship pertaining to any materials present at the Site at any time, the presence of which creates for either Member the status of responsible party with respect to the Site. 14.2 Rights Against Third Parties. Nothing contained in this Agreement shall affect any right, claim, interest or cause of action relating to the Site of any Member hereto with respect to persons not Members, including without limitation, claims for contribution and indemnity against persons not Members. Also, -12- • • nothing contained herein shall prevent any Member from asserting a claim or defense against the State of Minnesota or the United States. Further, any Member who asserts a claim relating to the Site against a non-Member agrees to notify the other Members of the.Group of its action. The Steering Committee may assert claims against third parties on behalf of the Group or its Members, but only after giving notice to the members and giving the Members opportunity to opt out of such assertion of claims. Opting out of such assertion shall not be considered withdrawal from the Group. 15. Waiver of Conflict of Interest 15.1 Legal Counsel. If the Group selects and retains legal counsel to perform legal representation services that are of common benefit to the Group, each Member agrees (1) that it will not claim or assert that, based solely on counsel's past or present representation of a Member, said counsel has a conflict of interest in performing legal services authorized by the Group and arising out of the Site unless the Member notifies the Steering Committee of the conflict within twenty (20) days of receiving notice of intent to hire legal counsel; (2) that it will not claim or assert that, based solely on said counsel's • representation of the Group under the terms of this Agreement, said counsel has a conflict of interest in connection with any representation of any other person or entity in a matter pending as of the date hereof unless the Member notifies the Steering Committee of the conflict within twenty (20) days of receiving notice of intent to hire legal counsel; (3) that it will not claim or assert that, based solely on said counsel's representation of the Group under the terms of this Agreement, said counsel has a conflict of interest in any future representation of any person or entity unless the subject matter relating to said representation arises out of or is connected to the Site or involves or could involve any facts or information regarding the site obtained from the Member during the term of this Agreement; .(4) that if any conflict develops in the performance of work authorized by the Group and the Member, it will give notice to the Group and will raise no objection to the continued representation of the Group by common counsel provided that common counsel notifies affected parties that it is not representing the particular member with regard to the matter in issue, and (5) that if a Member withdraws or is removed from this Agreement or its representation by common counsel is in any way terminated, it • -13- will raise no objection to the continued.representation by • common counsel of all or any of the other Members in connection with any legal services arising out of the Site. 16. Consultants. . , Service rendered to the Group by a consultant shall not be grounds for disqualifying the consultant in any matter relating to the Site or in any subsequent litigation, claim or action unrelated to the Site. Any consultant employed by the Group in any matter in relation to the Site cannot be employed by any individual Member in the same or other matters arising out of the Site in which any other Member is adverse, nor can such consultant be employed by a Member in the capacity of an expert witness in any other proceeding arising out of the Site,-in which any other Member is adverse. However, if the Group does not agree to undertake certain response actions, any individual Member may engage a consultant previously engaged by the Group for purposes of implementing such response actions. The Members agree that each Member will not claim or assert during the term of this Agreement that any consultant employed by the Group as a whole has a conflict of interest in representing the Group as a whole on the grounds that certain Member interests are inconsistent or that the consultant has been privy to confidential information. Nothing in • this Section shall preclude the Group from voting to reimburse any Member for consultant fees it has incurred on behalf of the 'Group. A consultant whose fees have been reimbursed in this manner shall not be precluded from continuing or resuming work on behalf of any individual Member unless the reimbursement resolution so provides. 17. Effective Date. Method of Execution The effective date of this Agreement shall be the date first stated above. This Agreement shall be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 18. Amendments. This Agreement may be amended only by a vote of at least two-thirds of the Voting Power of the members present in person or by proxy at a Group meeting called for the purpose of considering such amendment. Such amendment shall become effective thirty (30) days after written notice of the adoption of such amendment is mailed to -14- • • all Members. However, Sections 13 and 18 hereof cannot be amended to limit the effect of Section 13 hereof with respect to acts or omissions taken or made prior to such amendment. 19. Separability If any provision of this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 20. Nonwaiver. Except for those sections which, by their terms, waive some right, such as Sections 13, 14 and 15, nothing in this Agreement shall be construed to waive any rights, claims or privileges which any Member shall have against any other Member or any other person or entity. 21. Entire Agreement. This Agreement-constitutes the entire understanding of the Members with respect to its subject matter. 22. Choice of Law. • This Agreement shall be governed.and construed under the laws of the State of Minnesota without giving effect to any conflict of laws principles or statutes that may result in the application of any other law. 23. Termination. This Agreement may be terminated by a vote of two-thirds of the Voting Power. 24. Notice, Where written notice is required or permitted hereunder, it shall be deemed sufficiently given to, and received by, a party upon any of the following: . A. Personally given to a person attending a Group or Steering Committee meeting on behalf of the party; B. For meeting notices only, sent by facsimile to the Designated Representative as set out in the attachment hereto, which the • -15- Member may amend from time to time by notice to the Steering • Committee Chair; C. Sent by registered U.S. mail, return receipt requested, or by courier or express mail carrier with evidence of receipt, to the Designated Representative at the address set.out.in the attachment hereto, which the Member may amend from time to time by notice to the Steering Committee Chair. IN WITNESS WHEREOF, the Members hereto, which may be by and through their appointed counsel, enter into this Agreement. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the company or entity on whose behalf it is indicated that the person is signing. Member.- Signature q / Date: V u k By: Bobbie Mc Gee Gregg - Vice President - Law (Name and Title) -16- • Designated Representative for Receipt of Notice and Invoices: NAME: ADDRESS: - TELEPHONE NUMBER: FACSIMILE NUMBER: • • -17- CITY OF ST. ANTHONY • ORDINANCE 1996-006 AN ORDINANCE RELATING TO NOISE CONTROL, AMENDING SECTION 1145 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1145 of the 1993 St. Anthony Code of Ordinances is amended to read in full as follows: Section 1145 - NOISE CONTROL 1145.01 Noises Prohibited, Subd. 1 . General prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following subdivisions. • Subd. 2. Horns, audible signaling devices, etc. No person shall sound any audible signaling device on any vehicle except as a warning of danger, as provided in Minn. Stat. §169.68. Subd: 3. Exhaust, No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motorized equipment, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. Subd, 4. Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. Subd. 5. Loading, unloading, unpacking, No person shall create loud or excessive noise in loading, unloading, or unpacking any vehicle. Subd. 6. Radios. phonographs: paging systems. etc. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between the hours of 8:00 P.M. and 7:00 A.M. in such a Noise Control Ordinance • Page 2 manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. Subd. 7. Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner of tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by.a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Subd. 8. Loudspeakers. amplifiers for advertising. etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place of the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. • Subd. 9. Schools. churches, nursing homes. etc. No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, or nursing home when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. 1145.02. Hourly Restriction on Certain Operations. Subd. 1. Refuse hauling,. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 8:00 P.M. Subd. 2. Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 A.M. and 8:00 P.M. on any weekday or between the hours of 9:00 A.M. and 8:00 P.M. on any weekend or holiday. Subd. 3. Exemptions. City equipment for snow removal, water main breaks, and any other emergency are exempt from this provision of hourly restrictions. • Noise Control Ordinance • Page 3 1145.03. Enforcement, Subd. 1. Enforcement duties. The police department shall enforce.the provisions of this ordinance. The Chief of Police may inspect private premises other than private residences and may make all reasonable efforts to prevent violations of this ordinance. Subd. 2. Civil remedies. In addition to criminal prosecution for violation of this ordinance, this ordinance may be enforced by injunction, action for abatement, or other appropriate civil remedy. Subd. 3. Noise impact statements. The City Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the City Council. The Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: October 8, 1996 Second Reading: October 22, 1996 Adopted: November 12, 1996 Mayor ATTEST: City Clerk Published: St. Anthony Bulletin • CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA November 12, 1996 I. CALL TO ORDER. II. ROLL CALL. , III. APPROVAL OF NOVEMBER 12, 1996 H.R.A. AGENDA. IV. APPROVAL OF OCTOBER 22, 1996 H.R.A. MINUTES. • V. CLAIMS. A.. Korsunsky Krank Erickson Architects - $3,643.06. B. Korsunsky Krank Erickson Architects - $1,213.79. C. ESI Communications, Inc. - $10,999.20. D. Central Investment Corporation - $12,500.00. E. Dorsey & Whitney - $2,880.18. F. Dorsey & Whitney - $497.78. VI. REDEVELOPMENT AND TAX INCREMENT FINANCING.PLAN. A. H.R.A. Resolution 1996-010, re: Modification.to Redevelopment Plan and Tax Increment Financing Plan. VII. OTHER BUSINESS. VIII. ADJOURNMENT. • r 1 CITY OF ST. ANTHONY • HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 3 OCTOBER 22, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 8:30 P.M. 6 II. ROLL CALL. 7 Commissioners Present: Chair Ranallo, Vice Chair Enrooth, Secretary Marks, and 8 Commissioners Faust and Wagner. 9 Also Present: Executive Director Michael Morrison. 10 Commissioners Absent: None. 11 III. APPROVAL OF OCTOBER 22, 1996 HRA AGENDA. 12 Motion by Marks, second by Wagner to approve the October 22, 1996 HRA Agenda as 13 presented. 14 15 Motion carried unanimously. 16 IV. APPROVAL OF OCTOBER 8, 1996 HRA MINUTES. 17 Motion by Wagner, second by Marks to approve the October 8, 1996 HRA minutes as presented. , 19 Motion carried unanimously. 20 V. PRESENTATION OF CLAIMS. 21 Motion by Marks, second by Enrooth to approve the following claims: 22 A. American Engineering Testing in the amount of$996.60 for project testing 23 services rendered from August 16, 1996 to September 15, 1996 for City 24 Hall/Community Center. 25 B. Graus Construction in the amount of$343,422.50 for Pay Application No. 9 City 26 Hall/Community Center. 27 28 Motion carried unanimously. 29 VI. HRA RESOLUTION 1996-009 - CONSIDERATION OF BIDS FOR VOICE AND 30 DATA WIRING; TELEPHONE EQUIPMENT. 31 Morrison reported the City received four to five bids for the voice and data wiring for the 32 City Hall/Community Center. The two lowest bids were received from ESI 33 Communications and Matrix Communications. Matrix Communications bid was lower 34 but after further inspection it was determined that they did not meet the specifications of the City. Housing and Redevelopment Authority Meeting Minutes October 22, 1996 Page 2 • 1 Motion by Marks, second by Enrooth to dismiss the bid from Matrix Communications for 2. voice and data wiring for telephone equipment for City Hall/Community Center as it 3 failed to meet the-specifications of the City of St. Anthony. 4 Motion carried unanimously. 5 Motion by Marks, second by Wagner to approve HRA Resolution 1996-009, awarding 6 the bid for voice and data wiring; for telephone equipment to be installed in the new City 7 Hall/Community Center to ESI Communications in the amount of$36,664.00. 8 Motion carried unanimously. 9 10 VII. OTHER BUSINESS. 11 Mornson reported the City is currently doing the title research on the Tollefson property. 12 He noted one problem that has been discovered is that the State of Minnesota took the 13 property three years ago via tax forfeiture. Other issues include that the property is listed 14 in Bradley Zack's name and there are some liens against the property. The City Attorney 15 has stated that these issues merely need to be cleared up. 16 17 VIII. ADJOURNMENT. 18 Motion by Enrooth, second by Marks to adjourn the meeting at 8:35 P.M. 19 Motion carried unanimously. 20 Respectfully submitted, .21 Lorri Kopischke 22 TimeSaver Off Site Secretarial KE300 First Avenue North Minneapolis,MN 55401 orsunsky Krank Erickson 612/339-4200 Architects,Inc. FAX 342-9267 PROJECT: 95.08.1179.-25 OPUS/SILVER LAKE CENTER INVOICE # 809110 SAV LIQUOR CD'S SEPTEMBER 30, 1996 PERIOD: ENDING. SEPTEMBER 27, 1996 TO: MR. MICHAEL MORNSON CITY OF ST ANTHONY VILLAGE CITY MANAGER 3301 SILVER LAKE ROAD ST. ANTHONY MN 55418 FEE BASIS: HOURLY --------=---------------------------------------------------------------------- CONSULTANT SERVICES ------------------- CONSULTANT REIMB. EXPENSES 95.56 Structural 3,547.50 • TOTAL CONSULT. SERVICES ---3, 643_06- TOTAL THIS INVOICE 3,643.06 • PLEASE INDICATE OUR PROJECT NUMBER ON ALL REMITTANCES AND CORRESPONDENCE. Terms: Net 30 1 A Service Charge of It/2%a per month will be assessed on the unpaid balance. 4KKE 300 hircl Avcnuc N„nh \linnc�poli:.NIN 55401 Korsunsky Krank Erickson 6 12/331)..i200 Architects,Inc. [:AN 342-926' PROJECT: 95.08.1179-24 OPUS/SILVER LAKE CENTER INVOICE # 809109 LIQUOR STORE SEPTEMBER 30, 1996 PERIOD: ENDING :SEPTEMBER 27, 1996 TO: MR. LARRY MCCAMBE MR. MICHAEL MORNSON FIRST BANK ST. MARIE COMPANY CITY OF ST ANTHONY VILLAGE 601 SECOND AVENUE SOUTH CITY .MANAGER MPFP1803 3301 SILVER LAKE ROAD MINNEAPOLIS MN 55402 ST. ANTHONY MN 55418 FEE BASIS: HOURLY — BILL &t TO EACH CLIE14T ------------------------------------------------------------------------------- PROFESSIONAL SERVICES HOURS AMOUNT --------------------- TOTAL CHARGES 24.00 2,415.00 • REIMBURSABLE—EXPENSES TOTAL REIMB. EXPENSES 12.58 TOTAL THIS INVOICE 2,427.58 DESCRIPTION OF SERVICES PROVIDED: --------------------------------- 9/17/96 MEETING WITH CITY MANAGER AND ST. MARIE COMPANY TO DISCUSS STAFF REPORT AND LIQUOR STORE ISSUES, PRESENTATION AT PLANNING COMMISSION HEARING; 9/24/96 PRESENTATION AT COUNCIL HEARING, COORDINATION WITH CIVIL ENGINEER WITH REGARD TO CITY APPROVAL DOCUMENTS; PREPARATION OF PRESENTATION MATERIALS; COORDINATION WITH CITY STAFF REGARDING SIGNAGE VARIANCE. TOTAL DUE FROM CITY OF ST. ANTHONY $1,213.79 TOTAL DUE FROM ST. MARIE COMPANY $1,213.79 • I'LF.AI�F: INI)ICAfF. 441 It 1-11uJF.c :%1 'NI 1tF1t 4►:\ m,I. It 1•:111'1" 1) 4:4mI,V:IItINIII �a F. 1'.nni-: N"I :14! / ,.1' 1 '/2' 1„•r mwtill Uill I. ,1..,•...•J „n Ilw un{,:,id !.:,1: ... , COMMUNICATIONS, INC. ESI COMMUNICATIONS/WEST , INC . INVOICE NUMBER 1824-A • 5959 BAKER ROAD SUITE 390 CUSTOMER NUMBER SAN4 MINNETONKA , MN 55345 Sales 612/930-4410 Service; 835-2500 -SHIP TO ST . ANTHONY VILLAGE ST . ANTHONY VILLAGE 3301 SILVER LAKE ROAD 3301 SILVER LAKE ROAD ST . ANTHONY , MN 55418 ST . ANTHONY , MN 55418 TERMS JDATET: I -43 r F ^Y. 10/31/96 Origin DUE UPON RECEIPT PURCHASE ORDER NO. ORDER DATE SALESPERSON ORDER NO. CONTRACT 10/31/96 PM MCCARTY QUANTITY QUANTITY DESCRIPTION UNIT PRICE AMOUNT . ORDERED SHIPPED •1 .000 DOWN PAYMENT ON PHONE SYSTEM 10999 .2 10999 .20 DUE UPON TERMS OF CONTRACT . THANK YOU FOR YOUR BUSINESS NONTAXABLE SUBTOTAL a • TAXABLE SUBTOTAL Page 1 • 10999 .20 Central Investment Corporation 4111 Central Avenue N.E., Suite 204 Minneapolis, Minnesota 55421 Phone: (612) 781-2655 Fax: (612) 781-2659 October 24, 1996 Mr. Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Morrison: RE: Nedegaard Construction Company athe above we enclose a copy of the Certificate of Occupancy for 3403 Fordham Court (Lot 11, Block 1, Village Commons). . In accordance with the terms and conditions of the Redevelopment Contract by and between Nedegaard and the Housing & Redevelopment Authority of the City of St. Anthony, Minnesota dated August 21, 1995 and the subsequent Assignment to our company, we hereby request that you remit a check payable to Central Investment Corporation in the amount of$12,500.00 to us at the above address at your earliest convenience. Please contact me should you have any questions. Sincerely, Central Investment Corporation. i� Patrick er cc: Nedegaard Construction' Company • Vke r t fiftrate 1 VV Vanctl ST. ANTHONY y.. ............. l9quirtmient of Isuilbing 3noperfian This Certificate issued pursuant to the requirenients of Chapter 3 of the Uniform Building Code cerl��ing that at the time of issuance this structure was in compliance with the various ordinances of the City regulating building construction or use. For the following: R-2 Use Classification Bldg. Permit No. Group Type Construction Fire Zone Use Zone Owner • Building Address Sp. Anthony -55421 3403 Fordham Court Locality AN Building Address - 3 Date: ":YtAing Official POST IN A CONSPICUOUS PLACE 41\ DORSEY & WHITNEY LLP • P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota October 21, 1996 Attn: Mr. Michael J. Mornson Invoice No. 514750 3301 Silver Lake Road St . Anthony MN 55418:,11 For Legal Services Rendered Through 09/30/96 Client-Matter No: 178820-00130 City Liquor Store 09/04/96 W. Soth Telephone conferences with D. Greening and M. Mornson regarding open issues •09/05/96 W. Soth Telephone conference with M. Mornson regarding open issues; telephone conference with D. Greening regarding same . 09/10/96 W. Soth Letter to M. Mornson regarding new shopping center setback ordinance 09/12/96 W. Soth Telephone conferences with M. Mornson and D. Greening 09/13/96 W. Soth Review second draft of lease 09/16/96 W. Soth Review second draft of lease; draft letter regarding open issues 09/17/96 W. Soth Conference call with M. Mornson and M. Larson regarding comments on lease; telephone conference with D. Greening 09/18/96 W. Soth Telephone conference with D. Greening Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORS EY & WHITNEY L L P P.O.BOX 1680 • MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota October 21, 1996 Client-Matter No: 178:820-00130 Page 2 Invoice No: 514750 regarding open issues; telephone conference with M. Mornson; telephone conference with D. Greening regarding Apache Wells lease 09/19/96 W. Soth Telephone conferences regarding open issues on lease and meeting to finalize lease 09/23/96 W. Soth Meeting with M. Rothchild, D. Greening, M. Mornson and M. Larson regarding open issues on lease and construction contract 09/25/96 W. Soth Telephone conference with J. Simicek • regarding insurance issues; telephone conference with D. Greening 09/30/96 W. Soth Telephone conference with M. Mornson; telephone conference with D. Greening Total for Legal Fees $2, 875 . 00 Disbursements and Service Charges Photocopy Charges 5 . 18 Total for Disbursements and Service Charges $5 . 18 Total This Invoice $2, 880 . 18 • Service charges are based on rates established by Dorsey do Whitney.A schedule of those rates has been provided and to available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORS EY & WHITNEY L L P • P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (Tax Idendficaaon No.41-0223337). STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota October 21, 1996 Attn: Mr. Michael J. Mornson Invoice No. 515828 3301 Silver Lake Road St . Anthony MN 55418.° For Legal Services Rendered Through 09/30/96 Client-Matter No: 178820-00128 KRA Acquisition of Residential Property for Redevelopment Telephone conference with N. Ebner; telephone conference with M. Mornson; telephone . conference with First American regarding closing, telephone conference with M. Mornson, letter to M. Mornson with closing statement; telephone conference with M. Mornson; telephone conference with J. Crosby; telephone conference with R. Ives at First American regarding title commitment; prepare fax to R. Ives; telephone conference with M. Mornson; telephone conference with J. Crosby; attend closing. Total for Legal Fees $491 .50 Disbursements and Service Charges Fax Charges 5 . 00 Photocopy Charges . 1 .28 Total for Disbursements and Service Charges $6 .28 Total This Invoice $497.78 • 6ervice obarges are based on rates established by Dorsey do Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been recetved or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT CITY OF ST. ANTHONY . H.R.A. RESOLUTION 1996-010 RESOLUTION APPROVING'1996 AMENDMENTS TO MASTER • MODIFICATION TO REDEVELOPMENT PLANS AND TAX INCREMENT FINANCING PLANS AND REQUESTING THE APPROVAL OF THE CITY COUNCIL BE IT RESOLVED, by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: 1. Proposed Amendment. The HRA has approved a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto (the "Redevelopment Plans"), and redevelopment projects to be undertaken pursuant thereto, as. defined in Minnesota Statutes, Section 469.002, subdivision 14 (the "Redevelopment Projects"), and that in order to finance the public redevelopment costs to be incurred by the HRA in connection with certain of the Redevelopment Plans and the Redevelopment Projects, the HRA has approved tax increment financing plans, pursuant to the provisions of Minnesota Statutes, Section 469.175 (the "Financing Plans"), which two establish tax increment financing districts, as defined in Minnesota Statutes, • Section 469.174, subdivision 9, which are designated by the HRA as follows: Kenzie Terrace.Tax Increment District (Hennepin County No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts"). The HRA has approved an amendment to .the Redevelopment'Plans and the Financing Plans which is entitled "Master Modification to the Redevelopment Plans and the Tax Increment Financing Plans" (the "Master Modification") which combines the areas subject to the Redevelopment Plans and to expand the area subject to the Redevelopment Plans and to authorize the expenditure of tax increment revenue derived from the Districts to pay public redevelopment costs in the additional area subject to the Redevelopment Plans by the Master Modification and costs related to construction of a community center designed to serve the residents of the City. It has been proposed that the HRA aprpove an additional amendment-to the Redevelopment Plans and Tax Increment Financing Plans which is entitled "1996 Amendments to Master Modification to Redevelopment Plans and Tax Increment Financing Plans" (the "1996 Amendment") to expand the area subject to the Redevelopment Plans and amend the Financing Plans to authorize the additional expenditure of tax increment revenues derived from either of Districts to pay public redevelopment costs in the area subject to the Redevelopment Plans. 2. Approval of 1996 Amendment. The 1996 Amendment has been presented to this Board and is ordered placed on file in the office of the Executive • Director of the HRA, and the 1996 Amendment is hereby approved. The 1996 Amendment further serves the original goals and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment Projects and the • Financing Plans, by redeveloping property in the City in order to prevent or reduce blight, blighting factors and the causes of blight and.by providing public facilities which will be of benefit to all residents of the City. 3. Presentation to City Council. The 1996 Amendment hereby approved shall be presented.to the City Council for a public hearing thereon pursuant to Minnesota Statutes, Section 469.029, subdivision 6 and Section 469.175, subdivision 4. Dated the 12th day of November, 1996. Chairperson Attest: Secretary • -2- •