HomeMy WebLinkAboutCC PACKET 12111990 Meeting Sheet
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Document: CC PACKET 12111990
• CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
December 11, 1990
7:30 P.M.
City Council Chambers
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF DECEMBER 11,-1990-COUNCIL-AGENDA. -
IV. APPROVAL OF NOVEMBER 27, 1990 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS - None.
VI. PRESENTATION OF CLAIMS.
A. Dorsey & Whitney - $2,597.48.
• B. Dorsey & Whitney - $473.25.
C. Hance & LeVahn, Ltd. - $2,400.00.
D. St. Croix Recreation Co., Inc. - $8,650.00.
E. Barr Engineering Company - $626.00.
F. Short-Elliott-Hendrickson, Inc: - $16.44.
G. Calgon Carbon Corporation - $3,240.00.
H. Business Records Corporation - $7,792.00.
I. Business Records Corporation - $2,880.00.
J. Verifieds.
VII. REPORTS.
A. Council
1. Roger Bjorklund Day Proclamation.
2. Councilmember Designees to Committees/Organizations.
3. St. Anthony/New Brighton Policy Statement on Silver Lake Road.
4. Appointment of City's Cable Commissioner.
B. City Manager.
1. Street lights on Skycroft Drive.
• 2. Flexible Spending Benefit Account.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Resolution 90-039, re: Rate of reimbursement for use of employee's vehicle
on City business.
B. Resolution 90-042, re: Charitable gambling lease at the Stonehouse.
C. Ordinance 1990-011, re: Cable television amendment (1st reading).
X. UNFINISHED BUSINESS.
A. Ordinance 1990-010, re: Costs for special lighting systems (3rd reading).
XI. ADJOURNMENT.
xeguiar Louncil Meeting 1
— ' November 27, 1990
1
2
3 CITY OF ST. ANTHONY
4 CITY COUNCIL-MEETING OF
5 NOVEMBER 27, 1990
6
7
8 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7:30 p.m. and the Pledge of Allegiance
11 was led by Mayor Ranallo.
12
13 2. ROLL CALL
14
15 Present: Mayor Ranallo; Councilmembers Marks, Enrooth.and Wagner.
16 Absent: Councilmember Makowske.
17 Staff Present: City Manager, Tom Burt; Assistant City Manager, Sue
18 VanderHeyden; Public Works Director, Larry Hamer; Finance Director, Roger
19 Larson; Police Chief, Dick Engstrom; Fire Chief, Dick Johnson; and Liquor
20 Manager, Ray Nelson..
21
22 3. AGENDA
23
• 24 Mayor Ranallo recommended that because Mr. Thistle was coming to discuss
25 the restructuring of the 1985 debt, the Council should rearrange the agenda
26 to hear the Planning Commission Report, followed by the Public Hearing and
27 then interrupt for the debt restructuring.
28 Motion by Marks, second by Enrooth to approve the agenda with the change
29 in order and no additions.
30 Motion carried unanimously.
31
32 4. APPROVAL OF THE NOVEMBER 13. 1990 COUNCIL MINUTES
33
34 Motion by Marks, second by Wagner to approve the minutes with the
35 following corrections:
36
37 page 2, line 3: dollar correction, $71;
38 page 3, line 10: add Melody Hammond.
39
40 Motion carried unanimously.
41
42 Judy Makowske arrived at 7:37.
43
44
45
Auguiar uouncu MUMMY, c
November 27, 1990 '
1 5. REPORTS: Planning Commission
2
3 Commissioner Ron Hansen reported that the Planning Commission had a •
4 request from the Nedegaard Construction Co. for Evergreen Townhomes for a
5 sign variance. He referred to the Commission's November 20 minutes and
6 called attention to page 2, lines 22-38, of the minutes that regarded
7 discussion of the definition of a fence. The final Commission vote on the
8 variance was 3 for and 3 against.
9
10 David Newman, representing Nedegaard Construction Co., presented two
11 photographs which show a monument on each side of the driveway and an
12 enlargement of a sign. He acknowledged that the City Council "was kind
13 enough" to allow his company to erect a second monument without a sign to
14 be in place as a marketing effort during the Parade of Homes.
15
16 Newman believes the variance request meets the three-part test: the signs
17 and proposal are very attractive and are not detrimental to the neighbors.
18 There has been no opposition from the neighbors to the signs; the signs
19 create a sense of neighborhood; the hardship and unique part of the test is
20 met because there are 37 individual lots and 2 private roads that service the
21 development which justify the use of more than one sign. He believes the
22 Planning Commission agreed with the argument up to that point. In
23 reviewing other suggestions, Newman said a pedestal based sign would be on
24 the right of way; therefore, causing public safety, snow plowing and other •
25 problems. He believes that using the 10' wide median would be unsafe and
26 cause a problem with snow storage. Also suggested was placement of two
27 signs at the entrance that is currently there and one sign at the other
28 entrance. The Company suggested that this may denote more of a service
29 entrance at the second driveway. Instead, the proposed signs on each side of
30 the entrance denote it to be an entrance to Evergreen Townhomes and to
31 have balance and symmetry. They have no intention to add addresses. As
32 the property owner, Newman believes his request is reasonable and not
33 excessive.
34
35 If the Council grants the first variance for 4 signs the second request is to
36 increase the sign area from a maximum 150 to 200 square feet. The
37 additional square feet for the 4 sign surface areas is needed to complete the
38 project.
39
40 Makowske stated that she believed a precedent for signage for two entries
41 was set with the Autumn Woods variance.
42
43 Wagner said this was a different situation because this is a complete circle
44 and Autumn Woods was two separate entrances. •
45
Regular Council Meeting 3
November 27, 1990
1 Mayor Ranallo said the question is whether to put four signs or one on each
2 monument.
• 3
4 Hansen added that Newman's presentation was accurate, but not with regard
5 to the fence. The safety issue was discussed and Hansen believes there
6 would be a visibility issue. He said that if you envision the roads just
7 plowed and snow piled, drivers would have to pull quite a ways out to clear
8 the structures. Three Commissioners agreed that the hardships were met
9 and three did not agree. Those who did not agree, Hansen said, felt that two
10 signs or three signs would be adequate; therefore, there was no agreement.
11 He also said the Commissioners had questioned whether there was anything
12 unique about this situation.
13
14 Marks said he agreed that there is a hardship and need for signage. He said
15 this is a reasonable request.
16
17 Motion by Marks, second by Wagner to support this variance allowing four
18 signs, two at each entrance and that the additional 50 ft. requested, total of
19 250 sq. ft., be granted also.
20
21 Enrooth said he was "uncomfortable" with four signs.
22 Makowske said getting into the property without the signs could be seen as a
23 hardship.
24
25 Hansen said address and directional signs were discussed by the
26 Commissioners and the Company said no. Newman clarified that there would
27 be no address signs; however, with regard to directional signs, he would be
28 open to the wishes of the Council.
29
30 Enrooth said his problem is having identical signage on a secondary entrance.
31
32 Newman said the purpose of the signs is to identify the development for
33 visitors; and secondly, he feels it lends a sense of neighborhood for the
34 residents.
35
36 Wagner reminded the Council that if the monument does not have a sign,
37 then it becomes part of the fence. The Company would need another
38 variance or move the monument
39
40 Mayor Ranallo said that if the vote should fail, the Company can return for
41 another variance that would comply.
42
43
• 44
45
Regular Council Meeting 4
November 27, 1990 . F.
1 Mayor Ranallo called for a vote:
2 Aye: Marks, Wagner.
3 Nay: Ranallo, Enrooth, Makowske.
4 Motion failed. •
5
6 City Manager Burt said that the Council can approve two signs, one for
7 entrance; or offer three or four. If three are approved, there is no variance
8 needed for the fence. If four are approved, two variances are needed. With
9 two, one of the monuments would have to be moved to the other location or
10 reduced in size or eliminated. Therefore, if another motion fails, Burt
11 suggested that the Council recommend the number of signs the Council
12 would like. He added that as Staff, they agreed that two signs would be best
13 and that the west end monument could be removed and used elsewhere.
14
15 Motion Makowske, second by Ranallo to approve a variance for two
16 additional signs, totalling three signs.
17 Motion carried unanimously
18
19 Newman thanked the Council for the assistance of the Staff and community
20 in working on this project.
21
22 6. NEW BUSINESS
23 A. Restructure of 1985 Debt.
24
25 Mayor Ranallo said that in 1985 when the dept was opened for the tax
26 increment bonds for the redevelopment project it was at an interest rate of
27 7.65%. City Financial Advisor, Bob Thissel, said there is an opportunity to get
28 a lower interest rate. The Council will decide whether to call in the bonds.
29
30 Thissel stated at the meeting that his role is to monitor the City's on-going
31 existing debt. During the past month he has monitored a possible savings of
32 $40,000 in the City's favor. He recommended setting the sale on this issue
33 which is a refinancing of a portion of the existing debt so that less interest
34 will be paid on the remaining outstanding years. A sale date of December
35 18, 1990 was set.
36
37 Motion by Marks, second by Enrooth to move adoption of Resolution 90-040
38 which authorizes this matter.
39 Motion carried unanimously.
40
41 7. PUBLIC HEARING
42 A. Certify the tax levy collectible in 1991 and approve the 1991
43 City budget (Resolution 90-038).
44 •
Regular Council Meeting 5
November 27, 1990
1 Before opening the Public Hearing, Mayor Ranallo established the order of
2 the Hearing: he would give opening remarks followed by City Manager Tom
• 3 Burt and Finance Director Roger Larson. After the presentation either
4 written or stated questions will be taken from the audience. Following the
5 question and answer period, the audience would have the opportunity to
6 make statements. The hearing would be closed no later than 10:45 p.m. The
7 Council would then finish the rest of the business. Discussion on the tax levy
8 would resume at 7:30 p.m. tomorrow evening, if necessary. Councilmembers
9 agreed.
10
11 Motion by Makowske, second by Marks to open the public hearing at 8:12
12 p.m.
13 Motion carried unanimously.
14
15 Mayor Ranallo introduced Staff members responsible for putting the
16 proposal together: City Manager, Tom Burt; Sue VanderHeyden, Assistant to
17 the City Manager; Finance Director, Roger Larson; Larry Hamer, Public Works
18 Director; Ray Nelson, Liquor Manager; Fire Chief Dick ,Johnson; Police Chief,
19 Dick Engstrom.
20
21 The hearing is a result of a 1988 Truth In Taxation Law requiring all taxing
22 districts to publicize a hearing regarding budgets. This Law was supported
• 23 by the League of Cities. The City of St. Anthony started this process May 29,
24 1990. Although the meeting was publicized, it was poorly attended. In
25 preparation for this meeting notices were sent to residents and
26 announcements were in the newspapers. Hennepin County has already had
27 their hearing; and the School District will have theirs on December 4.
28
29 Ranallo said that a 5.8% increase is being proposed. In May all
30 department heads were asked to review and tone down their
31 budgets. In 1991 the City will lose $85,000 in State aid, about
32 18.4%. The increase asked for is $86,000 or a 3.7% increase in
33 expenditures.
34
35 The City budget is about $2,089,000. The cost to the taxpayer is a $50
36 increase on a $90,000 home. The City has a good financial reserve of about
37 $500,000. Part of the City's problem this year was the lowering of the value
38 of Apache Plaza by the County because they claimed hardship. Ranallo said
39 the City is probably one of the largest of the smaller communities that has a
40 large portion of tax exempt property: Salvation Army Camp, Gross Golf
41 Course, 4 large churches, a cemetery at a reduced rate and one that is tax
42 exempt.
43
44 Usually taxes have risen because of the increase in spending; however,
45 Ranallo said that is not so in this case. Local government aid, the City picks
Regular Council Meeting 6
November 27, 1990
1 up about $198,000 per year. He attended a meeting today with Lt. Gov. elect
2 Janelle Durstad who said there will be a recommendation that all local
3 government aid be cut out. When $50,000 was taken away in the middle of •
4 last year, City staff was informed to cut back. The City's general fund has
5 about $443,000. Also, not all that is budgeted is spent. Additional
6 expenditures that had to be met but did not exceed budget were for the
7 recent rash of burglaries and need for additional help and picking up of
8 branches after the July storm. In 1988 the budget surplus was moved into
9 the Capital Equipment Fund which is used for items such as a fire truck or
10 snow plow.
11
12 Tom Burt's presentation explained the expenditures included in the budget.
13 Mayor & Council Budget: Has decreased by 34% for 1991. The increases
14 include an addition of the stipend paid for a Council Secretary. The State
15 now requires the City to provide pensions for elected officials. The drastic
16 drop in consulting services for '90-'91 is a result of transferring items into a
17 different program budget called Public and Intergovernmental Relations to
18 make expenditures more accurate which includes: Cable Franchise and
19 Dispute Resolution. 321 is the Newsletter that is sent to St. Anthony
20 residents. 342: most of this item was transferred out of the Finance
21 Department. This money goes to those groups that lobby on the City's behalf.
22 General Management: 70% of the budget is made up of salaries. The City
23 has until December of '91 to implement Comparable Worth as mandated by
24 the State. As a result, Burt's Assistant and his Secretary will receive an •
25 adjustment. All salaries show a 4% increase to employees.
26 Elections: cost is down 13% because '91 is an off-election year.
27 Finance (as it relates to accounting): Two clerical positions will receive
28 a Comparable Worth adjustment. In addition, the accountant position was
29 upgraded to find better ways of saving money. Roger Larson was hired as
30 the City's Finance Director. Already this year, over $50,000 was saved as a
31 result of having someone to monitor finances. Insurance: Has dropped
32 from '90 because of retro-workers compensation. There are not many
33 workers injured and those who are injured often return to the work force to
34 limit the amount of money paid out. The City of St. Anthony has a $10,000
35 deductible; the City is self-insured for the most part which helps keep the
36 premiums at lower rate. 342 Membership: Transferred out the National
37 League of Cities to a more appropriate category. Assessor: Increase is for
38 a Comparable Worth adjustment.
39 Consulting & Contracted Services: Contract with Hennepin County to
40 come in and assess homes otherwise there would be an additional salary cost
41 of approximately $15,000. This year they did the houses east of Silver Lake
42 Road, north of 33rd, and south of 37th.
43 Legal Budget: Two attorneys on retainers: one for general legal counsel,
44 $5,000 increase; another is a prosecuting attorney.
Regular Council Meeting 7
November 27, 1990
1 Engineering. Planning & Zoning: Although the Public Works Director
2 does most of the job, the City has a contract with Duane Grace to help with
3 new homes and other projects. There is no increase in this part of the
4 budget mainly because St. Anthony is limited in growth. The costs come in,
5 Burt said, for inspections of remodeling.
6 City Buildings: Up 7% on two areas the City has no control over:
7 telephones and utility. The Middle East Crisis could cause this amount to
8 exceed what is budgeted.
9 Civil Defense: Down 1.4% even though half of the Fire Chief's salary is
10 charged to Civil Defense which is partially refunded from the Federal
11 Government; however, each year that amount is reduces. The computerized
12 dispatch in police and fire vehicles. The bill on this service will be paid in
13 '91 to Hennepin County.
14 Police Department: A 4% increase in salaries. The increase to $24,500 is
15 up because it more accurately reflects the cost paid to Hennepin County to
16 put people in jail.
17 Travel & School for Conferences: The State refunds the City for
18 education of police officers. Because the money had not been used in the
19 past it could have been denied. It will be used in '91 in addition to
20 implementation of the D.A.R.E. program (Drug Abuse Resistance Education).
21 Hopefully their will also be some financial support from the community.
22 Fire Department: The Department is up by 2.5%. Salary negotiation has
23 not taken place.
24 Inspections: Is up by 5%.
25 Animal Control Inc.: The City uses Animal Control Inc., White Bear Lake,
26 as dog catchers. Their contract will increase an estimated $300.
27 Public Works: The 3% increase is in reflective of salary increase. Burt is
28 negotiating with Local 49 for a 4% increase. They are asking for 6%; and the
29 U.S. cost of living is at 6.2%. Burt has budgeted 4% for all employees.
30 Maintenance Repair: The 2% increase is salary. Burt had already raised
31 the amount anticipating an increase in fuel because of the Middle East Crisis.
32 Tree & Weed Care: Up 4% in salaries. Also, for the first time the City is
33 budgeting in the general fund budget $1500 for planting of.trees. Previously
34 the City used monies received from recyclables. Now the City pays to have
35 recyclables hauled away.
36 Parks Dept.: Up 2% which includes the 4% salary increase.
37 Revenues: Taxes are published as going up 5.8%, due to the loss in local
38 government aid. The levy cap in cities is 3%.
39 Licenses: Only a 2% increase.
40 Permits: Because the City is fully developed there is probably a 3 112%
41 decrease in this area.
42 Inter-Governmental Revenue: Local government aid is down 9% from
43 last year's budget. Governor-elect Carlson has mentioned a 1 billion dollar
44 on the State level by reducing expenditures given to cities. However, tax-
Regular Council Meeting
November 27, 1990
1 payers taxes will not be reduced because the money will be used to reduce
2 the State deficit.
3 Miscellaneous: This area of income includes court fines, variances and
4 special assessments.
5 Refund & Reimbursements: The Liquor store is not tax supported. From
6 1990-91, Burt said that this area is growing about 31% because he is taking
7 another $46,000 and transferring into the general fund expenditures. This
8 transfer has avoided having to reduce City services.
9
10 Finance Director Roger Larson talked about how the City's share of the
11 property taxes is calculated. The proposed tax levy for '91 is $1,596'.25. The
12 net figure is $1,134.88. After adjustments, the total current tax rate is
13 21.108. The two areas that the City loses State aid are Local Government
14 Aid, down $25,774 and the Homestead Credit Aid, down $60,187, thus
15 raising the tax rate. The other area of loss for the City is the decrease in
16 taxable value of Apache Value. Larson said that Staff analyzed neighboring
17 communities that were similar in size. In that survey St. Anthony came up
18 right in the middle at 16.664% for 1990.
19
20 Burt said that when the communities were compared, they also included
21 proposed increases. Again St. Anthony was in the middle. St. Anthony is
22 successful in a flat market of sales because it is a better buy for the tax
23 dollar. The City has its own full-time fire, police and water is provided.
24 .
25 Burt then explained how the 1991 tax dollar is split: School District #282,
26 48a; Hennepin or Ramsey County, 30a: City, 16c, and other is 8Q. "Other," the
27 most rapid growing area, includes the Metropolitan.Council and H.R.A.
28
29 Burt went on to say that State budget problems are only beginning. The City
30 could possibly lose up to $400,000 in aid. Should that happen, Burt said that
31 certain departments would be eliminated or the taxpayer would have to pay
32 the cost. All of this, he said, depends on how well the State solves its deficit
33 problems.
34
35 Mayor Ranallo then described how each member of the Council works with
36 different agencies to assure a fair share for St. Anthony. The Mayor then
37 opened the hearing for questions from the audience.
38
39 Mike LeVann, 2504-34th Avenue NE, asked how close the actual spending
40 is this year to the budget.
41
42 Burt said the budget will be very close, probably be in the upper 90%. The
43 storm and burglaries resulted in higher costs.
44
Regular Council Meeting 9
November 27, 1990
1 Tom Roman, 2700-30th Avenue NE, asked about expected increases for the
2 coming years.
3
4 Burt said that for the most part it depends on the legislature. In addition,
5 Burt talked about the process of salary negotiations with 3 labor unions, 2 of
6 which have binding arbitration.
7
8 Ranallo said their is a trend to let the cities do more on their own.
9
10 Burt said the State mandates cities to do things with no money to implement.
11
12 Dayton Hultgren, 3400 Croft Drive, said he has lived in St. Anthony over
13 20 years and has attended 5 hearings about taxes. With regard to State
14 revenue sharing, Hultgren questioned if it was time for the City and State to
15 work things out instead of having the taxpayer solve the problem. In
16 addition, he asked to what extent the City is working to explore other viable
17 city units that can participate and provide the services and fully benefit
18 from the tax structure that is evolving in our State.
19
20 In response to the first question, Ranallo said that the League of Minnesota
• 21 Cities and the Association of Metropolitan Municipalities are the two
22 organizations that the City participates in lobbying to get better cooperation
23 with the State. Presently the Mayor is serving as Chairman of the Fiscal
24 Disparities committee. He wants to see the City get its fair share.
25
26 In response to the second question, Burt said that Metro policing is an
27 example of what the future may hold because the structure of government
28 will be changed. He said that the State's dealings with Metro cities is
29 discouraging.
30
31 Hultgren then said that he would be surprised if anyone had any question
32 with regard to the quality and character of the City's budgeting and that he
33 didn't. He did, however, feel that a certificate of indebtedness circumvents
34 sound budgeting.
35
36 Burt said the City has a levy cap prevents paying for a large item and the
37 intention is to work itself out of such indebtedness.
38
39 Petro Kmit, 2908 Silver Lake Court, said that taxes and other increases
40 forced him to lose his small business. He called attention to the 13% increase
• 41 in legal expense and the increase in building inspection. He said that if the
42 City runs out of money it should "go without."
43
Regular Council Meeting 10
November 27, 1990
1 Bob LaForce, 3507 .Maplewood Drive, questioned whether some tax base
2 was gained with the condominiums on Pentagon Drive and others. He also
3 asked whether something was being done to get a new tenant for Apache.
4
5 Burt said there is some gain but not nearly the $80,000 that was lost with
6 the Apache revenue. In talking with Mr. Cavanaugh, he said that there is
7 little chance of attracting a tenant when the rent is just a few dollars less
8 than what Rosedale charges. Also, he said tax increment financing is no
9 longer available for.redevelopment.
10
11 LaForce also said that many of the City's residents live on a fixed income;
12 therefore, this is not a good time for the Council to have a 4% raise.
13
14 Burt said the increase did not include the Council. The increase is for City
15 employees only.
16
17 Marks said that past mayor, Bob Sundland worked very hard to get more
18 tenants at Apache. In fact, the entire Council has worked to get some
19 cooperation from the C.J. Ryan Company with no results.
20
21 Ranallo said that he and Sundland were successful in getting Herberger's
22 Department Store at Apache. At one time Apache turned down use of the
23 City's credit to borrow money via Industrial Revenue Bonds to remodel.
24
25 Bill Zawislak, 2500-34th Avenue NE, wanted to know what would happen
26 on July 31, 1991 when payment from the County does not come in and
27 whether precautions are being taken.
28
29 Burt said there is a half million dollars in reserve to get through the six
30 month period. Ultimately it could mean temporary layoffs. .
31
32 Ranallo said that $198,000 is the maximum that could be legally taken away.
33 $50,000 was taken away last year.
34
35 If St. Anthony could no longer offer certain services, Burt said there would
36 be a serious outcry from the residents. He added that the City's department
37 heads do a good job of anticipating problems and saving money.
38
39 Marks said that the City has a reasonable reserve.
40
41 Zawislak also asked if the money was cut out of the cities and gave it to the
42 school district.
43
Regular Council Meeting 11
November 27, 1990
1 Burt said that happened last year. He also commented that the liquor
2 business is going down for a variety of reasons. Staff is looking for way of
3 increasing the profit level.
4
5 At 9:44 the question period ended and the hearing was open.for statements
6 from the audience.
7
8 Petro Kmit suggested that Apache Plaza should lower their rent to attract
9 more tenants.
10
11 Burt said the City has no control over the rent.
12
13 Dayton Hultgren stated that he appreciated the action taken by the City to
14 carry out Comparable Worth legislation. He also said that even though his
15 income may not increase, he supports the City employees pay increase.
16
17 Bill Zawislak stated that you have to spend money to make money.
18
19 Burt said that copies of the Budget are available and offered to meet with
20 anyone who may have questions.
• 21
22 Ranallo said that he is available to the residents in the City office the first
23 Saturday of every month from 8:30-10:30 a.m. He added that although no
24 one wants to see a tax increase, it appears that no one wants to see any of
25 the services stopped.
26
27 Bob. LaForce commended the Council on a fine job.
28
29 John Mondatti, 3420 Highcrest Road, suggested appealing to all the City's
30 real estate companies to find some tenants and get Apache Plaza going.
31 "Don't give up," he said.
32
33 Ranallo recommended making that a project.
34
35
36 Motion by Marks, second by Enrooth to close the public hearing at 9:52 p.m.
37 Motion carried unanimously.
38
39 Motion by Marks, second by Makowske to approve Resolution 90-038
40 which certifies the tax levy collectible in 1991 and approves the 1991 City
41 budget.
42 Motion carried unanimously.
43
44
45
Regular Council Meeting 12
November 27, 1990
1 8. LICENSES/PERMITS/PETITIONS
2
3 Motion by Marks, second by Wagner to approve one Contractor's License for
4 Shep's construction, Wayzata; and one Heating License to Air One Mechanical
5 Co., Brooklyn Park.
6 Motion carried unanimously.
7
8 9. PRESENTATION OF CLAIMS
9
10 A. - D. Rieke Carroll Muller Associates
I 1 Motion by Marks, second by Makowske to approve the claims by the Rieke
12 Carroll Muller Associates in the amounts of$367.59, $775.22, $169.00 and
13 $313.35.
14
15 In response to a question by Makowske regarding the 100-150% mark-up,
16 Burt said the City required them to provide more detailed information on
17 their invoices.
18 Motion carried unanimously.
19
20 E. Verified Claims.
21 Motion by Marks, second by Wagner to approve the three pages of liquor •
22 accounts payable dated November 19.-28,1990.
23 Motion carried unanimously.
24
25 REPORTS Continued.
26
27 B. Council
28 Makowske said she will be resigning from the Ramsey County League of
29 Local Government and the North Suburban Youth Services Bureau and other
30 committees. Those positions should be replaced by another member of the
31 Council. Ranallo said that Enrooth would-like to apply for the Board of
32 Directors for AMM.
33
34 Ranallo said that he has been selected by the League of Cities to meet with
35 Senator elect Wellstone, and Congressmen Ramstad and Peterson.
36
37 C. City Manager
38 Tom Burt reported that Officer Bill Ferguson will be retiring in February.
39 The Federal and State standard have changed the system we follow which
40 will involve updating the City computer system and forms are changed.
41
42 Burt also reported that the plant was started today and when they were
43 back-flushing the pipe was full. It took over an hour to backwash a filter.
44 They doubt if it can be dumped into a.sanitary sewer. There may have to be
45 a sewer line down 33rd Avenue over to Minneapolis. Bill Soth is reviewing
Regular Council Meeting 13
November 27, 1990
1 the City's contract with the EPA to see if that plant is acceptable. It will be
2 an environmental issue.
3
4
5 10. UNFINISHED BUSINESS
6
7 A. Ordinance 1990-010, re: Charges and assessments for special street
8 lights, second reading.
9
10 Motion by Enrooth, second by Wagner to approve the charges and
11 assessments for special street lights.
12 Motion carried unanimously.
13
14
15 11. ADJOURNAMENT
16 Motion by Makowske, second by Marks to adjourn at 10:08.
17 Motion carried unanimously.
18
19 Respectfully submitted,
20
21
22 Dorothy Fleming, Council Secretary pro tem
23
24
25
26 Mayor Clarence Ranallo
27
28 ATTEST-
29 City Clerk
376758
-- DORSEY & WHITNEY
A P.—...wn.I.,—..0 P..iu,ou.c—..no.•
2200 FIRST BA 4K PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
• (0121340-2000
(Internal Revenue Account No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
November 30, 1990
Mr. Thomas D. Burt
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: City of St. Anthony
For legal services rendered from October 1, 1990 through October 31, 1990, including:
Council Vacancy $ 312.50
Research regarding Closed Meetings $ 337.50
Change of Address $ 430.00
• Street Light Assessments $ 412.50
CDBG Repayment Agreement $ 62.50
Charitable Gambling $ 675.00
Review agenda materials and minutes; discussions with City Manager $ 250.00
Total Fees $2,480.00
Plus Document Production & Reproduction Charges 117.48
Total Fees and Disbursements $2,597.48
• WRS:gle
615 178820:47,84
Disbursements made for your account, for which bills have not yet been received,will appear on a later statement.
37 6 7 51.
DoRSEY & `'WHITNEY
2200 FIRST BANK PLACE EAST
MINNEAPOLIS. MINNESOTA 83.402
• (0121340-2000
(Internal Revenue Account No.41.0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
November 30, 1990
Mr. Thomas D. Burt
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: City of St. Anthony
For legal services rendered from October 1, 1990 through October 31, 1990, including:
Foss Road Lift Station Dispute
Conferences with L. Newquist regarding vibration report; review
vibration report; letters to L. Newquist and client regarding same;
review letter from L. Newquist regarding status and EMS report;
prepare memoranda regarding same; prepare letter to NewMech;
conference with Bill Soth regarding status.
Total Fees $473.25
WRS:gle
615 178820:90
•
Disbursements made for your account, for which bills have not yet been received,will appear on a later statement.
LAWOFFIcES STATEMENT OF ACCOUNT
HANCE & LEVAHN p7�
•INT ANTHONY NATIONAL BANK BUILDING.SUITE 2W DATE. December 1, 1990
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS,MINNESOTA 55418
PLEASE DETACH AND RETURN THIS
Mr. Thomas D. Burt PORTION WITH YOUR REMITTANCE.
City Administrator
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Tiinnesota 55413 (M) a AMOUNT REMITTED $
RE: Village Prosecutions
-------- ---------------------------
DATE DESCRIPTION • $ -0-
PAYMENTS
CREDITS & ACCOUNT ADJUSTMENTS
• UNPAID PREVIOUS BALANCE
FINANCE CHARGE
PROFESSIONAL SERVICES
Legal services rendered for the month of December, 1990,
relative to St. Anthony prosecutions. 2,400.00
CURRENT FEES
$ 2,400.00
MINIMUM PAYMENT DUE $
Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL
PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than $1.00, with a minimum FINANCE
CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for
that billing cycle was not paid in full within 30 days.
NOTICE: See reverse side for important information. HANCE & LEVAHN
�apidforms REORDER FROM RAPIDFORMS.INC.,301 GROVE ROAD.THOROFARE.NJ 08086'9499
SPEED-INVOICE FORM 64043 CALL TOIL FREE SOD-2574354,FAX 800-451-8113
ST. CROIX RECREATION CO., INC. 8441
915 NORTHLAND AVE.
STILLWATER, MN 55082
(612) 430-1247
1 � � SHIPPED TO
L
INVOICE ATE DATE PPEO OUR RDER NO YOUR ORDER NO TERMS F 0 B. SALESPERSON SHIPPED VW
l/ Ap 117, op S3'7-7 ZSS 3 Imer-30 PRICE nNlourar
,. _ . _... DESCRIPTION,"
ouANM, Fc= a �EQ t E S ZDold 2117D
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Pt- 5--1 _e_TuR&
11$�3-0,o
Past Due Accounts will
have 1 /L ro per UIiL
service charge akded.
FOR4 CAW RAPIDFORMS.INC..THOROFARE.W OBJ86 4M
THANK YOU
•
Barr
Engineering Compny
167803 Glenroy Road
Minneapolis,MN 55439.3123
6121830-0555
6121835-0186(Facsimile)
Page # 1
Statement # 5245-3360
Project # 23/27-467
November 27, 1990
City Of St. Anthony
3301 Silver Lake Road
Minneapolis, N.n 55418
Statement of Account with
BARR ENGINEERING CO.
For professional services during the period of
September 2, 1990 through November 3, 1990
Meet with Mr. Hamer on October 10, 1990; visual survey of District 6, Silver
Point Park Subwatershed, and Silver Point Park Area; contacts with MnDOT, City
of Minneapolis, and Hennepin County; preliminary analysis of storage potential
at Silver Point Park; communications and correspondence.
Dennis E. Palmer, Professional Engineer
5.9 hours @ $100.00 per hour $ 590.00
Administrative
0.6 hours @ $30.00 per hour . . . . . . . . $ 18.00
Expenses
Mileage . . . . . . . . . . . . . . . . $ 18.00
aaaccaaoaaoco _
Total Payable $ 626.00
Dennis E. Palmer
® INVOICE
"NCINEMERS I ARCHITECTS 2 PLANNERS 3535 VADNA15 CENTER DRIVE ST.PAUL MINNESOTA 55110 672490-2000
November 19, 1990
City of St. Anthony
ATTN: Larry Hamer, Director
of Public Works
3301 Silver Lake Road
St . Anthony, MN 55418 FOSS ROAD
PUMPING STATION
INVOICE NO: 9113 SEH FILE No: 88185
FOR PROFESSIONAL SERVICES. FOR PERIOD AUGUST 19 THRU OCTOBER 13, 1990
For construction services for replacement of Foss Road sewage pumping
station. In accordance with Council authorization.
The services consisted of a field. inspection on July 24, 1990,
scheduling Electric Motor Services, Inc. , to take vibration
tests and attend the vibration testing on August 6, 1990.
Clerical 0. 5 hr @ $27. 87/hr = $13.94
Computer 2. 50 $16.44
TOTAL AMOUNT DUE AND PAYABLE THIS INVOICE . . . . . . . . $16.44
PLANS AND SPECIFICATIONS ARE 100% COMPLETE
CONSTRUCTION SERVICES ARE APPROXIMATELY 99% COMPLETE
'!fFtAts of Ainttrarta, SS
COUNTY OF RAMSEY.CITY OF SAINT PAUL
Donald E. Lund In said County and State,bung duty sworn,on oath.says,
that he iS President of .Ellion-Hendrickson.Inc.,that the foregoing account •A/d1/A M1/N�>\N1VN�IAM'�'L11\�NN1N�WA•
is just and a;the se vi there rged were Tench and of the value therein charged:that . BETTY J. ERSKINE
the tees o t�arged t for re auow law,a t no pan of such amount has been pad. y{}! ryi1T�RY?UaLfC—ti11Nti[S�Ta
�s RAWISEY COi1W y
00, /J� 1.!y Comm.Expires May 27 1492
t>saibed and sworn to before rr G (C da t9 L(G_ ,r�■ '
My commission expires t8
5H0RT ELLI07 ST,PAL IL, CHI.P�-FiW c4LLS,
HENDRICr;50N I1JC.
111 NNE SO
CALGON
CALGON CARBON CORPORATION ORIGINAL INVOICE
PLEASE REFERENCE OUR ORIGINAL IN-
P.O. BOX 717, PITTSBURGH, PA 15230-0717 VOICE NUMBER ON YOUR REMITTANCE
RE O: Eie.p.3rtment L9GGP , . Pittsburgh , PA 15264-0986
JUICE NO. YOUR PWCnASE ORDER NO INVUICEJSNIP WIE PRINT DFIIE PROJECT i URKIM4 INVOICE NWBFR
9G 118115501 8G190E--3 T2G-NOV-1990 2G-NOV-1990 STANTHMN 96118550/
FREIGNI IENMS SLAPPED rRCw
yI1PPED VIA Cwf1IER'$MU
No FreiFjht Pittsburgh, PA 15205 Ijest Way
INVOICE TO SHIPPED TO
43902200 144 F 43902200
CITY OF ST ANTHONY CITY OF ST ANTHONY
3357 SILVER LAKE RLI 3357 SILVER LAKE RE,
ATTN ; LARRY HAMER ATTN ; LARRY HAMER
ST ANTHONY, MN 55418 ST ANTHONY, MN 5541£3
L L
OUANTITY UNIT PRODUCT CODE DESCRIPTION UNIT PRICE AMOUNT
V ..
NOV 1990
•
DATE DUE
26-DEC-1.990 3240.00
FORM I I I-F(E)2187 CUSTOMER
I
ARBUSINESS-RECORDS CORPORATION No. 9667
MIDWEST REGION SOFTWAREMARDWARE
P.O.BOX 1082,ST.CLOUD,MN 56302•(612)253.2170 CONTRACT Date:
C City of St . Anthony S
H
3301 Silver Lake Road P I SAME
N
T T
St Anthony MN 55418 O
Contact: R o g e r Larson Telephone: 7 8 9-8 8 8 1
PO. Number Sales Rep Bob H e i d b r i n k
Monthly Training
Software Application Purchase Price Rate Days Training Price SSA Price
GFS Financial System $7,000
Includes General Ledger
Security
Disbursement Processing
Receipt Processing
Budgeting
Encumbrances
Video Reporting
Payroll $5.000
Monthly: Model/Feature Quantity BRC IBM HSA PRICE
Hardware Description: -_ �' Purchase Price. - Rate d
CPU AS Entry 9402-Y10 N/A X
Agsksplays
Printers
3 Existing
Personal Computers PS/2 Mode 1 25 N/A
Operational Software S S P-V 6 X
Misc. Credit for PS/2 Model 80 E4 , 2081
SoftwarelHardware M i s c. Training Included
Total $12.000 (4, 2081 Total-+ $7,792
in SSA
Commencement Date Termination Date
Special Instructions: Separate support agreement commences 90 days after installation of par
application
Signed:
Client: BRC
Date: Date:
1st Wh ie.BRC: 2nd Whiie-Oient. Canary-Client Book;Goldenrod.Hardware Dealer;Green-Sales Rep.;Pink-Intent to Purchase
BUSINESS RECORDS CORPORATION
MIDWEST REGION
P.O.Bas 1082,St.Cloud,.MN' 56302♦(612)253.2170 Page 1 of 1
• SUPPORT PLUS"'
SOFTWARE SUPPORT AGREEMENT (SSA)
CITY OF ST. ANTHONY
CLIENT
This AGREEN(Wr is between BI;SL'%BS RECORDS CORPORATION(BRC),and the signatory CUENT,and dearly states their mutual responsibilities and commitmnents.
This agreement is in effect for one year,in return for the stated fees and rates. It can be modified at any time if both parties agree to the lunge in writing.
SERVICES:
BRC will provide the computer cm-aultinS and programmng services specified and defined entirely by this agreement. These may include consulting,training,installation
assistance,modification or maintenance of software.
WARRANTIES AND LIABILITIES:
BRC endeavor to�eo�de high quality services. All services are prwided by qualified stall properly supervised,and will meet the specifications agreed to by both parties.Those
services pe•forawd by 8RC and determined by BRC to be of less than professional quality are coriectrd without dine to the CLOT.Corrections may take the form 1*.1)lunged
documentation:2)changed source or object code;3)procedures to bypass the problem;or 4)additional support.
UNDERSTANDINGS:
All services performed by BRC under this agreement will be paid by the CLIENT according to the agreed fee structure and within 30 days after the date of invoice.
BRC retains all proprietary rights to source programs,object programs,subroutines,layouts,formats,documentation,and techniques that are prepared on behalf of the CLIL\T,
unless a specific exception is stated herein.
BRC will make its best effort to schedule and meet scheduled commitments in the order of priority most important to the CLIENT. BRC takes into consideration the client's time
schedule,the workload of its employees and disruption of CUEtiTS'schedules.
This agreement governed by the laws of the State of Texas,is the entire agreement between the parties. A waiver of any part of this agreement is limited to that specific event and
shall not waiver the entire agreement Any notion required shall be in writing and effective what deposited in the mail property addressed with prepaid postage.
BRC will not initiate action on any item without the express consent of the CLIENT.
BRC will automatically renew this Support Plus Agreement and continue the covered services on its atniversary date,unless notification in writing is made by either party prior
to the anniversary date.
Annual fees are non-refundable.
S RECORDS CORPORATION BRO will provide the following services in support of the Usted applications
POR
� TPLUS " (Covered under the annual fee.)
Unlimited Dining at a BRC training facility at regularly scheduled classes.
Telephone consultations
The distribution of standard application enhancemher ts.
The problem analysis of items-brought to BRC in SL Cloud.
APPLICATIONS COVERED AND ANNUAL FEE FOR SUPPORT PLUS"r
Applications Annual Fee Applications Annual Fee
GFS Financial System $ 1 , 680
Payroll $ 1 . 200
TOTAL This Agreement: $2, 880
ADDITIONAL SERVICES(Charged at BRC hourly rates.) HOURLY RATES Support Plus Without SSA
On-site visits
Projeci Director/Su
Systems analysis,programming,program testing,documentation pervisor S 76.00/HR S 120.00/HR
Mtn entry and file conversions. Implementation Specialist 68.00/HR 90.00/HR
Planning statues meetings and feasibility studies S��_er 64 00/HR 70.00/HR
Hardware and software interfaces. �"6'°""'
TravelTrme 30.00/HR 30.00/HR
Mileage .23/MILE .23/MILE
Meals,Lodging,Plane Fare,etc. Actual Actual
Dates of Coverage for Support Plus
Signed: X
Title: X
t: Business Records Corporation
P.O.Box 1082
te=' St.Cloud,SIN 56302
Date: X
Revbed-S/31/90
C I T Y O F S T A N T H O N Y
P/ E 12/ 12/90 A C C 0 U N T S P A Y A 8 L E PAGE 1
VENEOP NAME CHECK CHECK CHECK
• NO. TYPE DATE NO. AMOUNT
00045 ACRC-MINNESOTA R t2/12/90 20947 271. 95
00115 AMES PHOTO FINISH R 12112190 20948 28.03
00120 AMERICAN LINEN R 12/12/90 20949 14.84
00135 AMERICAN RISK SERVICES IN R 121121SO 20950 377.00
00235 AT&T INFORMATICN SYSTEMS R 12112/90 20951 41. 33
00237 AT & T COMMUNICATION R 12/12/90 20952 26 .99
00650 CITY OF ST PAUL R 12112150 20953 269.37
00E85 COAST TO COAST R 12/12/90 20954 259. 59
00690 COLOR TILE R 12112190 20955 98.29
00920 FEED RITE CONTROLS R 121121SO 20956 149.00
OI C25 G& K SERVICES R 12/12/90 20,957 53. 71
OIC30 G & K SERVICES R 12/12/90 20958 97.76
01180 GOODIN COMPANY R 12112150 20959 6.71
01500 HENNEPIN CTY FINANCE DIV R 12112/90 20960 23. 75
01505 HENN CO SHERIFF R 12/12/90 20961 123.30
02040 LILLIE SUBURBAN NEWSPAPER R 12/t2/S0 20962 18.85
02C60 MB INDUSTRIAL SUPPLY C13 R 12/12/90 20963 26.66
02130 MAMA R 12112150 20964 11.00
02280 MIDWEST ASPHALT CORP R 12/12/SO 20965. 365.31
02335 MINN CELLULAR TELEPHONE R 12/12/90 20966 19108.00
02360 MINNESOTA CONIAAY FIRE R 12/12/90 20967 16.50
02505 NARDINI FIRE EQUIP CO R 12/12/SO 20968 338.00
02680 NORTHERN STATES POWER R 12112190 20969 49460.07
02700 US WEST CCMMUKICATI,ONS R 12/12/90 20970 500.51
02940 POSTMASTER R 12112190 20971 60.00
02980 PROFESSIONAL PROCESSING C R 12112190 20972 725.79
03C80 ROLLINS OIL CC R 12/12/90 20973 5. 72
02502 SUE VANDER HAYDEN R 12/12/90 20974 38.55
03720 W W GENERATOR REBUILDERS R 12/12/SO 20975 27.66
03735 WASTE MGMT R 12112 11;0 -20976 371. 54
03740 WATER. PRODUCTS CO R 12/12/90 20977 11.23
05C15 SNAP-ON-TOOLS R 12/12/SO 20978 15. 10
05C17 HENN CO TREASURER R 12112150 20979 75.00
05029 CLEVELAND C OTTCN PRODUCTS A 12112/90 20980 125.30
05048 DPC INDUSTRIES INC R 12112150 20981 71.80
05108 MN DEPT OF PUBLIC SAFETY R 12112190 20982 240.00
05116 CABLE TV NORTH CENTRAL R 121121'90 20983 8.35
05168 JOHN OHL R 12/12/'SO 20984 9.00
05186 SUER LAW ENFORCEMENT ASSN R 121121S0 20985 80.00
05191 STEWARTS BLDG MART R 12/12/90 20986 6.87
05194 STEWART LUMBER CO R 12112150 20987 152.61
05255 WENDELLS R 12112190 20988 100.00
06267 R .S. WELSH R 12112190 20989 75.00
07C43 NORTHERN STATES POWER R 12/12/90 20990 2.228.72
07057 GOPHER WELDING SUPPLY R 12112190 20991 3.40
07102 RICHARD J CHNSCN R 12/12/90 20992 99. 00
07126 HANS BOSACKER CO R 12/12/90 20993 33.50
07149 WYATT READY MIX R 12/12/SO 20994 243. 13
07151 NORTHSTAR AUTOMOTIVE R 12/12/90 20995 48. 08
•
07160 RAY JORDAN & SONS INC R 1.2/12/90 209% 180.07
C I T Y C F S T . A N T H 0 N Y
P/E 12/12/90 A C C 0 U N T S P A Y A 8 L E PAGE 2
VENCOR NAME CHECK CHECK CHECK
NO. TYP E DAT E NO. AMOU6
07161 BECKER BROTHERS R 121121 SO 20997 350.00
07168 BOYER TRUCK PARTS R 12112190 20998 54.92
C7180 STAC MFG E DI ST R 12112190 20999 270.46
07195 J .B.E. INC. R 12112190 21000 650.00
07196 TRANSPORTATION SUPPLIES R 12/12/90 21001 209.82
07197 TECHNIFLOW CCRPORATION R 121121SO 21002 19378.20
08001 EMERGENCY MED PRODUCTS R 12/12/90 21003 193.32
08055 CELLULAR ONE SALES S SERV R 12112190 21004 6.45
08C67 CALC TYPE OFFICE EQUIP CO R 12112190 21005 98. 70
08068 JWP INFORMATICN SYSTEMS R 12/12/90 21006 86.00
O8C69 REGISTRAR-DEPT/PROF DEV R 12/12/S0 21007 90.00
0SC70 SOS OFFICE EQUIP INC R 12/12/90 21008 160.00
08C71 AWARDS BY HAMMOND INC R 12/12/90 21009 48 .90
TYPE TOTAL 179519.04
TOTAL 179519.04
•
•
aim thou
• a
iJll e
PRO CL AMA T20N
WHERE-qS, Mr. Roger Bjorkfund has been the Director of Bands for the St.Anthony Village High Schoof for the
past 29-112 years and wi(f retire on7anuary 17, 1991.
WHEREAS, under the leadership of Mr. Bjorkfu ul, the St Andtoq %Mge HYfi Schaaf Cancun Barth received
numerous superior ratings at the State-Region Minnesota Band Concerts (C(ass 2) and was (fisted by the Minnesota
Department of Education as a Program of EXcellennce from 1986 to 1990.
WHEREAS, Mr. Bjorkfund's direction of the St Andtany VgVe 54fi Sc&dM=fdng Bald led them to receive
first place awards at national and international competitions in such cities as Hono(u(u, Hawaii; Atlanta, Georgia;
San Francisco, Ca(fornia; Wash>on, D.C.; Philadelphia, Pennsylvania; Traverse City, Michigan; and Winnipeg
and Alberta, Canada. in addition, the Marching Band received seven consecutive first place awards in the
Minneapolis Aquatennia(Torch!tght Parades under Mr. Bjorkfund's direction.
WHEREAS, Mr. Bjorkfund's erce((ent leadership is apparent with the yaai Exwmble,which a(so receivedsuperior
ratings, was awarded several first places in music competitions, and has performed(ocal(y and nationally.
WHEREU Mr. Bjorkfund was instrumental in organizing the two year old four-community Patrlou Marddqff
Band ?his marching band is continuing the winning tradition attributed to Mr. Bjorqund's fine leadership.
WHEREAS, Mr. Bjorkfund has been the recipient of the St.Anthony outstanding Citizen Award; the'WCCO Good
Neighbor Award; and the prestigious A. R; MacAllister Bandmaster Award as an outstandiN leader in the field of
music education
NOW, THEREFORE, BE IT RESOLVED, that the City Coucd of St.Anthony Village commends Mr. Roger
Bjorkfund for his outstanding contributions to the music education of the Village youth and extends theirgratitude
and appreciation for the many, many hours of cultural delight he has provided us afL
BE 2T FURTHERRESOLVED, that the City Council of St.Anthony 'Village hereby declares Decunbern,1990
as JQM B90R M UMD DAY in St. Anthony Village.
Mayor Clarence Ranwllo
Councifinember Judy Makows�,E Councdmember Richard Enrooth
Counci(member George Marks Counci(member George 'Wagner
COUNCILMEMBER DESIGNEES
• TO
COMMITTEES/ORGANIZATIONS
Mayor Ranallo
*Association of Metropolitan Municipalities
*League of Minnesota Cities
*St. Anthony Merchants
*Chamber of Commerce
*Schools
Councilmember Enrooth
*Association of Metropolitan Municipalities
*League of Minnesota Cities
*Community Services
*VillageFest
Councilmember Marks
*Regional Transit Board
*League of Minnesota Cities
Councilmember Wagner
*Apache Merchants
*League of Minnesota Cities
*Kiwanis
***Oven Committees/Organizations***
*Ramsey County League of Local Governments
*Lions
*Historical Society
*Senior Groups
Aa, in th®n
ilia e
DATE : APPROVAL :
December 5 . 1990
TO : Mayor and Councilmembers
FROM :
Thomas D. Burt, City Manager
ITEM : STREETLIGHTS ON SKYCROFT DRIVE
I received the actual costs for the installation of the street lights on the 3500 block of Skycroft Drive
from Larry Benson of NSP. Once, the City Council orders the project, he will begin negotiating the
easement with the affected property owners.
All of the questions have been answered and the street lights will be installed in the location
requested by the residents.
:cjkl2 . 11 . 90
Northern States Power Company
• Brooklyn Center Area
4501 68th Avenue North
Brooklyn Center, Minnesota 55429.1798
Telephone(612)569-0200
December 3 , 1990
Mr. - Tom Burt, Manager
City of St. Anthony
3:301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: Mid-Block Street Lights on Sky Croft Drive
Dear Tom:
With regard to the above mentioned street lights, I have been
out and measured the distance for trenching and installation
of the underground cable and arrived at the following costs:
• Total trenching and cable - 431 feet
Credit -of 100 ' per light (3 lights) - 300 feet
Balance 131 feet
131 feet @ $4 . 50 per/foot - $589. 50
Labor cost for hand digging 50 '
of trench - 50 ft @ $5 . 00 per/foot $250. 00
Total $839 . 50
The $839. 50 is a one time charge that is to be paid by the
residents, as I understand it. NSP will bill the City of
St. Anthony for this amount.
NSP intends to install 3-100 watt high pressure sodium,
underground street lights at a current cost to the City of
$13 . 40 per light per month, plus a 6. 91% interim rate
increase. These lights will be installed on 30 ft Fiberglas
poles .with 6 ft mastarms and our normal cobra type fixture.
•
Mr. Burt
Page Two
December 3 , 1990 •
As I mentioned at our meeting on November 20, 1990, NSP will
not do restoration other than backfilling of the trench for
the cable. The cable for the light between 3524 and 3526 Sky
Croft Drive will have to be partially installed in the
blacktop walkway to the park because of fences on both sides
of the path. This was the main reason I recommended a light
alongside of 3531 Sky Croft Drive - for ease of installation
and maintenance.
We will plan on installing the lights in the spring of 1991
when the ground thaws. We will need some form of agreement
for NSP to come on the properties at 3508 & 3510; at 3516 &
3518 ; and at 3524 Sky Croft Drive for both installation and
maintenance of the lights. I will draft a letter of agreement
and mail it directly to the people involved, with copies to
you.
If there is some more information that you would like
regarding these lights, please feel free to contact me.
Sincerely,
Larr ✓Benson •
Y
Community Services Manager
NORTHERN STATES POWER COMPANY
Brooklyn Center Area Office
c: Mr. Howard Smith
3512 Sky Croft Drive
St. Anthony, MN 54418
•
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JZL_ 786-3409
ALLEN & WiRILYN EBERLEIl'*Ln) ........
789-8395 KA'fl•lY & MARK J U.qXOV I C H
781-0351 ry
Li
LEAH & JEROME WENKER
789-5897 7,' tw-i-JIM & MONICA UTEATHERBEE
781-5977
W ci
RICK & MONICA MANDELL
ILNNA & JACOB W
ERNIE BURCH
789-7711 CA 781-6495
WAYNE & GLADYS HIKKOLA w
789-2186 oy o MARIS & LINNEA GROVENDER
a "� 781-4693
LINDA b HAROLD C,0NJER
788-3010
JERRY & NANCY VII ANCK
ELIZAB-MTH & LAVU
% 788-1721
PAT & BARBARA ENNEN W
FLORENCE BENNETT
G .MRS. DUSTINE BARRETT
MIKE, BRIDGE, BILLY %Z; 788-2540
'188-5778
HOWARD & MERNA SMITH
789-7616 Lm JAUUZ liElNRICH
4 .781-6218
KEN & JEAN JOHNSON yr MARI1.Yr' c
789-5912 a Lt�n 7/81-4470
ALLEN & ANNETTE OTTE Ln %..n CURT & SHTFLEY NORDARL
0
788-8389 W" .786-6482
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ROD & KIM BLOOM LA ROGER & PHYLLIS WILLIAMIS
789-1008 89-9608
TOM & SANDY MAXWELL Li PCOT'l LISA ECKMAN
rf 89-8288
Lo ENRY -& DONNA Wlv%lrl
PARK ENlPJXC'F, 0 tm
1A KAY HUFAVY
769-3211
MArT. FWQOD
MEMORANDUM
DATE: November 28, 1990
TO: Thomas D. Burt, City Manager
FROM: Roger Larson, Finance Director
ITEM: FLEXIBLE SPENDING BENEFIT ACCOUNT
Employee benefit programs, like lmost anything else,are becoming extremely expensive for
employees and employers. Ir�G neral, statistics show the cost of employee benefits has
almost double the last 20 years. The rising cost of Health Insurance and increases in Social
Security and Medicare taxes has impacted all employers.
To offset some of these increases, many employers have implemented flexible spending
accounts to reduce their matching FICA tax contributions. These plans take advantage of
Section 125 of the Internal Revenue Tax Code and are designed to provide participants the
ability to increasing their spendable income.
The savings to employers is that these "Cafeteria Plans" allows employees to pay for health
insurance premiums with pre-tax dollars. This reduces the amount of FICA taxes which an
employer is responsible to pay.
How does it work? (Assume an Employee of St. Anthony made $20,000 Yr and paid
$100.00 per month out-of-pocket expenses for health insurance)
Without Plan With Plan
Gross income $ 20,000 $ 20,000
Taxable income reduction - 0 - 1.200
Taxable income $ 20,000 $ 18,800
Social Security Tax $ 1,530 $ 1,438
Federal Income Tax $ 2,850 $ 2,670
Health insurance deduction 1,200 $ - 0 -
Spendable Income $ 14,420 $ 149692
Increase in Employee
• spendable income = $ 272
Employer FICA tax savings = $ 92
How much will it save the City? •
Currently, employees payments for health and life insurance total $1,712 per
month. Multiplying the monthly costs X 12 months X the current FICA rate of
7.65% produces a reduction of Employer FICA taxes of approximately $1,571
dollars.
Costs of Flexible Spending Account:
1) $ 595.00 for initial implementation of plan.
2) $ 125.00 for each year after for updates and newsletter information.
Recommendation:
Council authorize $595.00 expenditure to Flex Compensation, Inc., for the purpose of
implementing a flexible spending benefit account to reduce the City tax liability.
10
• SUMMARY OF PREMIUM CONVERSION PLAN
INTRODUCTION
In the past you may have thought of the salary you are paid
for the work you do and the benefit plans available to you as two
separate programs. Actually, your salary and benefits together
form your total compensation program.
Under the more traditional programs of the past, employers
provided both a salary and a benefit program. Part of the cost
of the benefits was paid for by the employer and part by the
employee, using payroll deduction.
With the Premium Conversion Plan, you receive flexibility in
how to pay for your portion of the cost of certain employer
sponsored benefits. You can use before-tax dollars to pay for
your choices. .
ELIGIBILITY
Any individual who is regularly scheduled 40 hours per week,
and who receives compensation qualifies for the Premium
Conversion Plan. A qualified- employee who is employed when the
Plan begins is immediately eligible to participate. Individuals
beginning employment after the effective date of the Plan, and
meeting the qualifications, may begin participation the first day
of the month following the completion of their probationary
period.
CONTRIBUTIONS
With the Premium Conversion Plan, you may choose to receive
your full compensation in cash, as you have prior to this Plan,
or you may elect to have a portion of your pay set aside before
any taxes have been deducted to be applied to the payment of your
share of insurance premiums. The legal term for this process is
salary reduction. The advantage is that it reduces your
federal/state-income taxes and social security taxes (FICA) .
It should be noted that because the amount of your salary
reduction is not subject to FICA taxes, it is also not included
in determining your average wages for Social Security benefit
purposes. For example, if you reduce your salary in one year
from $20, 000 to $18 , 000 through use of this Plan, the salary
included in your Social Security wage history for that year would
be $18, 000 rather than $20;000. The exact effect .this will have
on your Social Security benefits is difficult to estimate, since
your benefits are based on your salary history throughout your
working career, your marital status, and other factors, but your
Social Security benefits may be reduced.
1
BENEFIT OPTIONS •
The Premium Conversion Plan allows you to use before-tax
salary dollars to pay the employee share of the premiums for
certain employer sponsored group insurance plans. If you decide
to use this option, your portion of premiums will be deducted
from your pay before taxes.' The remainder of the cost will be
paid by the employer, just as in the past.
The amount of required Participant contributions for medical
coverage shall be a flat dollar amount to be determined and
communicated prior to the start of each plan year. Participants
electing dental or optional life insurance shall pay the full
premium cost. If there is a change in your share of the cost of
a health plan because of a change in the premium charged by the
insurance company, the amount of salary reduction will be
adjusted automatically.
ENROLLMENT AND ADMINISTRATION
Election Process
Each year you will have the opportunity to re-enroll in the
plan. Elections do not carry forward from one year to the next.
Elections must be in writing on the form provided and received
prior to the first day of the period of coverage. If you fail to 0
return the required election form, it will be assumed that you
have chosen to receive the full amount of your pay, after taxes,
in cash.
Once an election becomes effective, it stays in effect until
the following plan year. You may not change your election during
the plan year except under the following circumstances.
1) If the premium amount for a health plan significantly
increases, you may make a corresponding change in salary
reduction election, or revoke the election and receive
coverage under another health plan with similar coverage.
2) If the coverage under a health plan is significantly
curtailed or ceases, you may revoke your election and
receive coverage under another health plan with similar
coverage.
3) If you have a change in family status, you may revoke your
election and submit a new election for the remainder of the
plan year. A change in family status for this purpose
includes marriage or divorce, death of a child or spouse,
birth or adoption of a child, termination or commencement of
a spouse's employment, change from full-time to part-time
2
l
(or vice versa) of you or your spouse, taking an unpaid
leave of absence by you or your spouse, a significant change
in health coverage of you or your spouse attributable to
your spouse's employment.
You may revoke your election for the balance of a plan year
and file a new election only if both the revocation and the new
election are due to and consistent with the reason that such
change was permitted.
If you are a new employee, you may file an election after
your probationary period or six months of service, whichever is
less. Employees who terminate and are rehired in the same plan
year may not file new elections for the balance of that plan
year.
Termination
The Premium Conversion Plan has been designed to comply with
all current laws regarding cafeteria benefit plans. The plan,
however, may be changed, amended, or terminated at any time.
Your participation in the .plan will cease upon termination
of your employment, if you no longer meet the eligibility
requirements, or if the plan terminates.
If you are enrolled in the group medical plan when your
participation ends, you may be able to continue your benefits,
however, contributions will no longer be able to be made through
salary reduction.
The Summary Plan Description is merely attempting to explain
the benefits provided pursuant to the Plan, and is not the
legally controlling document. All determinations regarding
benefit entitlement and Plan provisions are based upon the actual
Plan documents which are available for inspection at the office
of the Plan Administrator.
If you would like a copy of the plan document or need
additional information about the plan, contact:
Thomas D. Burt
City Manager
City. of St. Anthony
3301 Silver Lake Rd.
St. Anthony, MN 55418
(612) 789-8881
3
STATEMENT OF RIGHTS OF PLAN PARTICIPANTS
As a participant in the plan, you are entitled to certain
rights and protections under the Employee Retirement Income
Security Act of 1974 (ERISA) . ERISA provides that all
participants shall be entitled to:
1. Examine, without charge, at the employer office all
plan documents and copies of all documents filed by the
plan with the U.S. Department of Labor, such as annual
reports and plan descriptions.
2 . Obtain copies of all plan documents and other plan
information upon written request to the employer. A
reasonable charge may be made for the copies.
3 . Receive a summary of the plan's annual financial
report.
In addition to creating rights for plan participants, ERISA
imposes duties upon the people who are responsible for the
operation of the plan. The people who operate your plan, called
"fiduciaries" of the plan, have a duty to do so prudently and in
the interest of you and other plan participants and
beneficiaries. No one may fire you or otherwise discriminate
against you in any way to prevent you from obtaining a benefit or
exercising your rights under ERISA. If your claim for a benefit •
under this plan is denied in whole or in part, you must receive a
written explanation of the reason for the denial. You have the
right to have the employer review and reconsider your claim.
Under ERISA there are steps you can take to enforce the
above rights. For instance, if you request materials from the
plan and do not receive them within 30 days, you may file suit in
a federal court. In such a case, the court may require the
employer to provide the materials and pay you up to $100 a day
until you receive the materials, unless the materials were not
sent because of reasons beyond its control.
If you have a claim for benefits which is denied or ignored,
in whole or in part, you may file suit in a state or federal
court. If it should happen that plan fiduciaries misuse the
plan's money, if any, or if you are discriminated against for
asserting your rights, you may seek assistance from the U.S.
Department of Labor, or you may file suit in federal court.
The court will decide who should pay costs and legal fees.
If you are successful, the court may order the person you have
sued to pay these costs and fees. If you lose, the court may
order you to pay these costs and fees, for example, if it finds
your claim is frivolous.
4
If you have any questions about the plan, you should contact
the employer. If you have any questions about this statement or
about your rights under ERISA, you should contact the nearest
Area Office of the U.S. Labor Management Services Administration,
Department of Labor.
•
5
GENERAL INFORMATION
Name of Plan: City of St. Anthony Premium Conversion Plan
Plan Sponsor: City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Plan Administrator: City of St. Anthony
3301 Silver Lake Road
612-789-8881
Employer Identification Number: 41-6005512
Plan Number: 501
Type of Plan: The Premium Conversion Plan is a cafeteria plan
under Section 125 of the Internal Revenue Code, allowing a choice
between cash and certain qualified benefits.
Plan Year: January 1, 1991 through December 31, 1991
Funding: The Plan is funded entirely through the general assets
of the employer. Medical, dental and group term life benefits
are provided through insurance contracts.
For questions or service of legal process contact:
Thomas Burt
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
612-789-8881
•
6
RESOLUTION 90-039
A RESOLUTION INCREASING THE RATE OF REIMBURSEMENT
FOR THE USE OF AN EMPLOYEE'S VEHICLE FOR
OFFICIAL CITY BUSINESS
WHEREAS, the City Council of the City of St. Anthony adopted Ordinance Section
136, which specifies that the City Council may increase the mileage
reimbursement rate for the use of an employee's vehicle for official
city business; and
WHEREAS, the rate can be increased by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the mileage reimbursement rate
be increased so as to remain equal to that rate established by the
Federal Internal Revenue Service Tax Laws. Said increase shall be
effective for mileage driven on and after January 1, 1991.
Adopted this day of December,
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
•
RESOLUTION 90-042
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE LEASE WITH THE ST. ANTHONY
VILLAGE SPORTS BOOSTERS, INC.
WHEREAS, the St. Anthony Village Sports Boosters, Inc. desires to lease space from the
City for the purpose of conducting charitable gambling under the terms and
conditions as set forth in the Lease attached hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby authorizes the Mayor and City Manager to execute said Lease between
the St. Anthony Village Sports Boosters, Inc. and the City, on behalf of the
City.
Adopted this day of , 1990.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
LG202
(9/6,90)
Minnesota Lawful Gambling
Lease Agreement
Premises Information
Name of Legal Owner of Gambling Premise (lessor) Address City/Zip Code Phone
City of St. Anthony 3301 Silver• Lake Road St. Anthony( 612)789-8881
Name and Address of Leased Premises Adoress itympzode
Stonehouse Bar and Lounge 2700 Highway 88 St. Anthony, 55418
Name of Organization Leasing the Premises(lessee) License Number, if known
ST�n/TiloN� ✓ictalGE SP02Ts BoolTC,cs Z./c.
Z-9/.T'
Gambling Activit
The lawful gambling activity which the organization will conduct is (check all that apply):
0 bingo
0 raffles paddlewheels 1=6 pull-tabs 0 tipboards
Rent Information (See Rules 7860.0090, Subp 3)
C Class B and D premise permits:
Class A and C premise permits:
Rent for bingo and all other gambling activities conducted Rent for gambling activities not including bingo
during that bingo occasion may not exceed: may not exceed$24 per square foot per month.
$200 for up to 6.000 square feet; with a maximum of 5600.
$300 for up to 12,000 square feet:and
5400 for more than 12,000 square feet.
Rent to be paid per bingo occasion $ Rent to be paid per month $ 6,00 00
• Rent may not be based on a percentage of receipts,profits from lawful gambling,or on the number of
participated attending a bingo occaslon.
An organization may not pay rent to itself or to any of its affiliaties for space used for the conduct of lawful gambling.
Premises Description
The area leased within the premises is 9 feet by 7 feet,for a total of 63_ square feet.
feet by feet,for a total of square feet.
feet by feet,for a total of square feet.
Attach a sketch which identifies the location of the leased premises when a portion of a building is the leased premises.
That sketch must include the dimensions of the leased premises.
Effective Dates
The lease will go into effect at 12:01 a.m.on -I-AjvA4f 19 9 t , and will end at 12:00 a.m.on :j I
19 9 Z ,for a period of one year.
Times and Days of Bingo Activity (it none,Indicate NIA) p N/A
The bingo occasions will be held:
from(hours) (a.m./p.m.) :o (a.m./p.m.)on (days of week)
from (hours) (a.m./p.m.) to (am./p.m.)on(days of week)
from (hours) (a.m./p.m.) to (a.m./p.m.)on(days of week)
from (hours) (a.m./p.m.) to (a.m./p.m.)on(days of week)
from (hours) (a.m./p.m.) to (a.mdp.m.) on(days of week)
from (hours) (a.m./p.m.) to (a.m./p.m.)on (days of week)
from(hours) (a.m.!p.m.) to (a.m./p.m.)on (days of week)
By agreeing to the terms of this lease, it is mutuWy agreed that: '
•The legal owner of the property is the lessor.
•The owner of the property (lessor)may not manage gambling at the premises.
•The lessor of the premises, his or her immediate family,and any agents or employees of the lessor may not •
participate as players in the conduct of lawful gambling on the leased premises.
•The lessor and the lessee do not have a direct or indirect financial interest in the distribution or manufacture
of gambling equipment.
•The lessor of the premises will allow the Board or agents of the Board,the Commissioner of Public Safety or
agents of the commissioner,or the Commissioner of Revenue or agents of the commissioner, and law
enforcement personnel to inspect the premises at any reasonable time,and permit the organization to
conduct lawful gambling at the premises according to the terms of this lease.The lessor may not impose any
conditions on the organization regarding distributors of gambling equipment,services,or the use of profits.
• The organization must obtain a license and a premise permit from the Gambling Control Board.The
organization will be responsible for complying with the laws and rules of lawful gambling.
•The organization must have,at the gambling premises,a current inventory of gambling equipment, a sketch with
dimensions of the premises available for review,and a clear physical separation or divider between the lessee's
gambling equipment and the lessor's business equipment.
•The organization will be responsible for ensuring that the lessor's business activities are not conducted on the
leased premises.
• M the lease is cancelled prior to the termination date of this lease,each party agrees to notify the Gambling
Control Board explaining the reasons for the cancellation.The lease shall be terminated immediately for any
gambling, liquor,prostitution or tax evasion violations occurring on the premises.
•The lessor of the premises shall provide the lessee access to the licensed premises during any time reasonable
and necessary to conduct lawful gambling on the premises and as agreed upon in this lease.
•(Write in any other conditions or restrictions that will be included as part of the lease.Attach additional sheets if •
necessary)
See attached written lease.
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities.
There is no other agreement and no other consideration required between the parties as to the lawful gambling and other
matters related to this lease.(Any changes in this lease must be submitted to the Gambling Control Board within 10 days
of the change.)
Signature of Lessor Date Signature of organization official Date
Title Tide
Mayor
A copy of this lease and sketch with dimensions must be submitted with the premise permit application or renewal to:
Department.ot Gaming-Gambling Control Division
Rosewood Plaza South, 3rd Floor •
1711 W.County Road B
Roseville, Minnesota 55113
1517g
LEASE
This Lease is entered into as of iI> 1990,
between the CITY OF ST. ANTHONY, a municipal corporation under
the laws of the State of- Minnesota ( the "City" ) and ST. ANTHONY
VILLAGE SPORTS BOOSTERS, INC. , a Minnesota non-profit corporation
( "Tenant" ) .
1 . Definitions. In this Lease:
( a) "Lounge" means the on-sale liquor establishment operated
by the City at the "Stonehouse" facility in St. Anthony,
Minnesota.
(b) "Lease Space" means the space in the Stonehouse Lounge
shown crosshatched on the drawing attached to this Lease
as Exhibit A.
(c) "Monthly Rent" means $600,00 per month.
• (d) "Term" means a period of 12 months from the effective
date of the State charitable gambling license issued to
Tenant for the Leased Space, as such Term may be renewed
pursuant to Section 17 of this Lease. The City or
Tenant will have the right to terminate this Lease upon
30 days ' written notice to the other.
( e) "Commencement Date" means the first day of the Term.
( f) "Normal Business Hours" means the normal hours of
operation for the Lounge.
( g) "Casualty" means fire, explosion, tornado, or other
cause of damage to or destruction of the Lounge.
(h) "Taking" means acquisition by a public authority having
the power of eminent domain of all or part of the Lounge
by condemnation or conveyance in lieu of condemnation.
2. Premises.
The City leases the Leased Space to Tenant, and Tenant leases the
Leased Space from the City, for the Term, under the terms and
conditions of this Lease.
•
3 . Rent •
Tenant will pay the Monthly Rent to the City at 3301 Silver
Lake Road, St . Anthony, Minnesota 55418, or such other place as
the City may designate, in advance on or before the first day
of each month during the Term, without demand, deduction or
setoff , except that no Monthly Rent will be required to be paid
for the first four months of the Term. If the Term begins on a
day other than the first day of a month, the Monthly Rent for
the first month for which the Monthly Rent is payable will be
prorated by multiplying the Monthly Rent by the number of days
of that month included in the Term and dividing the product by
the number of days in that month.
4 . Possession.
If Tenant begins to conduct business in all or any portion of
the Leased Space before the Commencement Date, the four-month
rent-free period referred to in Section 3 will commence on the
date Tenant begins to conduct business in the Leased Space and
all other provisions of this Lease will be applicable during
that period.
5. U%. .
Tenant will use the Leased Space for lawful gambling other than
bingo, conducted under a properly issued State license in
accordance with State law and in accordance with applicable
ordinances of the City of St . Anthony, and -for no other
purposes . Tenant will not commit or permit any act or omission
which results in the violation of any law, governmental
regulation, or insurance policy of the City, relating to the
Lounge, or which will increase the City' s insurance rates on
the Lounge. Tenant will not permit any conduct or condition
which may unduly disturb or endanger other occupants of the
Lounge.
6 . Care of Premises .
Tenant will keep the Leased Space in as good condition and
repair as *they were in at the time possession of the Leased
Space is tendered to Tenant , except for ordinary wear and
damage from fire or other casualty beyond Tenant ' s control .
Tenant will provide a suitable container for persons to discard
-their used pull tabs and will use reasonable efforts to keep
the container and the Lounge free of used pull tabs and other
refuse related to Tenant ' s lawful gambling operations .
•
-2-
• 7 . Signs .
Tenant will not place or permit any signs on the exterior. or
windows of the Lounge, or within the Lounge, without the City' s
prior written consent.
8 . Alterations .
Tenant accepts the Leased Space in its present condition and
the City will have no obligation to make any repairs or
alterations , except to make an electrical outlet available in
the Leased .Space.
Tenant will not make any alterations , additions or improvements
in or to the Leased Space without first obtaining the written
consent of the City.
9 . Utilities and Services .
The City will supply heat and air conditioning appropriate to
the season during Normal Business Hours . The City will not be
liable for any loss or damage resulting from any temporary
interruption of these services .
• 10 . Relocation.
The City may, at its. expense, relocate Tenant in substitute
space in the Lounge upon 10 days ' written notice to Tenant
specifying the effective date of the relocation.
11 . 'Assumption of Risks .
Tenant assumes all risk of loss or damage of Tenant' s property
within the Leased Space, including any loss or damage caused by
water leakage, fire, windstorm, explosion, theft, or other
cause. The City will not be liable to Tenant, or those
claiming through Tenant, for injury, death or property damage
or loss occurring in the Leased Space.
12 . Indemnification and Insurance.
Tenant will indemnify the City and its Councilmembers, City •
Manager, Liquor Manager, and all officers, agents and employees
against all claims, demands and actions, and all related costs
and expenses .( including attorneys ' fees) for injury, death,
disability or illness of any person, or damage to, or loss of ,
property, occurring in the Leased Space or arising out of
Tenant' s use of the Leased Space, except to the extent caused
by the willful misconduct or negligence of the City or someone
acting on its behalf .
—3—
Tenant will obtain and maintain comprehensive public liability •
insurance, at its expense, insuring its activities in the
Lounge . Prior to Tenant 's occupancy of the Leased Space,
Tenant will deliver the liability insurance policy or a
certificate by the insurer showing the coverage to be in effect
with premiums paid .
13 . Assignment and Subletting .
Tenant may not transfer, assign, or mortgage this Lease or any
interest of Tenant under this Lease or sublet the Leased Space
or any part of the Leased Space, without the City' s prior
written consent , and this Lease will not be assignable by
operation. of law without the City' s written consent .
14 . Damage or Destruction
If the Lounge is damaged by Casualty, the damage (excluding
damage to improvements paid for by Tenant or trade fixtures ,
equipment or personal property of Tenant) will be repaired by
the City at its expense to a condition as -near as reasonably
possible to the condition prior to the Casualty, or the City
may terminate this Lease as of the date of the Casualty by
giving written notice to Tenant . If this Lease is terminated
because of the Casualty, rents and other payments will be
prorated as of the termination and will be proportionately •
refunded to Tenant or paid to the City, as the case may be.
During any period in which the Leased Space or any portion of
the Leased Space is made untenantable as a result of the
Casualty, the Monthly Rent will be abated for the period of
time untenantable .
15 . Eminent Domain.
If there is a Taking of 'any of the Leased Space, either party
may terminate this Lease as of the date the public authority
takes possession, by written notice to the other party, in
which case -any rents and other payments will be prorated as of
the termination. All damages , awards and payments for the
Taking will belong to the City irrespective of the basis upon
which they were made or awarded, except that Tenant will be
entitled to any amounts separately paid for Tenant' s trade
fixtures or equipment or as a relocation payment or allowance.
16. Defaults .
If (a) Tenant defaults in the payment of rent or other amounts
under this Lease and the default continues for 10 days after
-4-
•
written notice by the City to Tenant, (b) Tenant defaults in
any other obligation under this Lease and the default- continues
for 30 days after written notice by the City to Tenant,
(c) Tenant ' s license for lawful _ gambling expires or is
terminated or revoked, (d) any proceeding is begun by or
against Tenant to subject the assets of Tenant to any
bankruptcy or insolvency law or for an appointment of a
receiver of Tenant or for any of Tenant ' s assets , or (e) Tenant
makes a general assignment of Tenant' s assets for the benefit
of creditors, then the City may, with or without terminating
this Lease, cure the. default and charge Tenant all costs and
expenses of doing so, and the City also may re-enter the Leased
Space, remove all persons and property,, and regain possession
of the Leased Space, without waiver or loss of any of the
City' s rights under this Lease, including the City' s right to
payment of Monthly Rent . The City also may terminate this
Lease as to all future rights of Tenant .
17. Renewal .
Tenant may extend the Term of this Lease for additional
12-month periods , subject to the following conditions :
(a) Tenant will obtain an extension or renewal of the
. State charitable gambling license issued to Tenant for
the Leased Space.
(b) Tenant will apply to the City for an extension of the
Term at least 45 days prior to expiration of the Term.
(c) At the time the Tenant applies for the extension, and
at the time of commencement of the extension, Tenant
will not be in default under the Lease.
(d) The Lease will be extended only if the City Council
determines that Tenant has complied with the
requirements of this Lease and any laws , ordinances
and regulations regarding the use of the Leased Space,
and that it is in the City' s best interest to extend
the Term.
(f) There have been no changes in the laws, ordinances or
regulations pertaining to charitable gambling which
would have a material affect on the use of the Leased
Space.
(g) The extended Term will be on the same terms, covenants
and conditions as set forth in this Lease, except to
the extent of any modifications agreed to by the City
and Tenant .
-5-
18. Return of Possession to the City. •
On expiration of the Term or sooner termination of this Lease,
Tenant will return possession of the Lease Space to the City,
without notice from the City, in good order and condition, except
for ordinary wear and damage, destruction or conditions Tenant is
not required to remedy under this Lease. Tenant will remove its
booth and equipment, and will repair any damage to the Premises
resulting from such removal, on or before the termination of this
Lease. If Tenant does not return possession of the Leased Space
to the City, Tenant will pay the City all resulting damages the
City may suffer. Any property left in the Leased Space after
expiration or termination of this Lease or after abandonment of
the Leased Space will be deemed abandoned by Tenant ( in
accordance with Minnesota Statutes) and will be the property of
the City to dispose of as the City chooses.
19. Notices.
Any notice under this Lease will be in writing, and will be sent
by prepaid certified mail, addressed to Tenant at:
St. Anthony Village Sports
Boosters, Inc.
and to the City at 3301 Silver Lake Road, St. Anthony, Minnesota
55418 or to such other address as is designated in a notice given
under this Section.. A notice will be deemed given on the date of
first attempted delivery.
The City and Tenant have executed this Lease to be effective as
of the date stated in the first paragraph of this Lease.
The City:
CITY OF ST. ANTHONY J
BY
Its Mayor
And
It C' ty Manager
I
Tenant:
ST. ANTHONY VILLAGE SPORTS BOOSTERS,
INC.
BY
I s President
And
Its Secretary
EXHIBIT A
STONEHOUSE LOUNGE
(Attach drawing with Leased Space crosshatched)
ohec%
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• ORDINANCE NO. 1990- 011
AN ORDINANCE RELATING TO THE ST. ANTHONY CABLE TV
FRANCHISE AND COMMUNITY TELEVISION PROGRAMMING,
TRANSFERRING COMMUNITY TELEVISION PROGRAMMING
RESPONSIBILITIES FROM THE FRANCHISEE TO THE CITY;
AMENDING APPENDIX IV OF THE 1973 CODE OF ORDINANCES.
The City Council of the City of St. Anthony, Minnesota, ordains:
Section 1. The following provisions of Appendix of the 1973 Code of Ordinances are
amended as hereinafter set forth.
Section 2. Article I, Section 2, Paragraph O is amended to read as follows:
O. "Offering of Grantee" or "Offering" means that certain
document dated October 1, 1981, entitled "Application for Cable
Television Franchise" and signed by Grantee, which document
is on file with the City Clerk, and any amendments thereto
• which are mutually acceptable to Grantee and City.
Section 3. The address of Grantee in Article II, Section 8 is changed to:
Cable TV North Central
934 Woodhill Drive
Roseville, MN 55113
Attn: System Manager
Section 4. Article III, Section 1 is amended to read as follows:
SECTION 1. CHANNEL CAPACITY - SUBSCRIBER NETWORK
A. The System shall be capable of providing at least 59 downstream
channels, four fully activated upstream channels and a full-video
information retrieval channel: The System shall provide access to
information data bases with the capacity as detailed in the Offering.
B. The System shall provide three tiers of subscriber service. Tier 1 shall
be a 22 video channel universal service tier. Tier 2 shall be a 59 video
channel Basic Service. Tier 3 shall be a 59 channel interactive service
tier.
Section 5. Article III, Section 3 is amended to read as follows: •
SECTION 3. TWO-WAY CAPACITY
Grantee shall initially activate and thereafter maintain a two-
way capable System (audio, video and data impulse). Grantee shall
fully activate four upstream channels at the time of System activation.
This will include fully interactive service capability supported by
addressable, state-of-the-art equipment.
Section 6. Article III, Section 4 is amended to read as follows:
SECTION 4. FACILITIES
The Grantee shall construct, maintain and continue to provide
all facilities and equipment set forth in the Offering including, but not
limited to, the headend, hubs,.distribution system, and other facilities.
Grantee's plan, as set forth in the Offering, for implementing the
construction, utilization, System performance, and maintenance of
these facilities, including its plans for accommodating future growth
and changing needs and desires, shall be fully and timely performed.
Section 7. Article III, Section 5, is amended to read as follows:
•
SECTION 5. SPECIAL CHANNEL AND ACCESS REQUIREMENTS
A. Grantee will carry broadcast stations in accordance with
FCC rules as from time to time revised.
B. Grantee will provide an audio/video emergency alert
override system that will permit the interruption by
designated City officials of all audio (including FM) and
video programming instructing citizens where to switch
for.emergency announcements.
C. Grantee shall provide at least thirteen (13) channels for
access use for the following uses: two (2) public access, an
educational access, a governmental access, one (1) leased
access, a local origination access, a religious access, a
special needs access, a library access, a higher education, a
community access, and two (2) public school district access
channels (hereinafter "access channels"). All residential
subscribers who receive all or any part of the total services
offered on the System shall also receive all of said thirteen
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• (13) access channels at no additional charge. All channels
shall be activated upon System activation and thereafter
maintained.
D. The City and its designee shall have complete and
unrestricted access to the access channels, however, the
Grantee shall have full responsibility for the
maintenance, repair, and technical performance of-the
cable and related active and passive electronics which
carry said access channels (excluding all equipment owned
and operated by the City or the North Suburban Cable
Communications Commission). The VHF spectrum shall
be used for at least one of the specially designated
noncommercial public access channels required unless
specifically waived by City or its designee. No charges
shall be made for channel time or playback of prerecorded
programming on access channels except the leased access
channel which shall remain in the exclusive control of
Grantee.
E. Whenever any of the access channels is in use during 80
percent of the weekdays (Monday-Friday), for 80 percent of
• the time during any consecutive three-hour period for six
weeks running, and there is demand for use of an
additional channel for the same purpose, Grantee shall
then have six months in which to provide a new specially
designated access channel for the same purpose at no
additional cost to subscribers.
Section 8. Article III, Section 8 is amended to read as follows:
SECTION 8. INTERCONNECTION
The System servicing the Cities of Arden Hills, Falcon Heights,
Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks,
Roseville, St. Anthony, and Shoreview shall be completely
interconnected. Grantee will comply with all present and future laws
regarding interconnection of systems, and will cooperate with any
agencies or utilities involved with interconnection.. At such-times as
interconnection is required, Grantee shall accomplish this without
additional charge to subscribers. The System shall be initially
constructed so that other systems now or hereafter constructed in any
area adjacent to System or within the metropolitan area (if
technologically feasible) may be interconnected with System upon
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request of City and agreement with other Systems Grantor and Cable •
Company. If Grantee owns geographically contiguous systems they
shall be interconnected with System upon request of City in all
situations and to such extent such interconnection is technically and
economically feasible. Grantee shall interconnect channels designated
by City with channels of other systems in all cases in which other
system(s) indicate in writing a desire to provide an adequate share of
facilities and budget for such interconnection. In any event, both
parties to this agreement desire interconnection of the System to the
greatest extent of technical and economic feasibility.
Section 9. Article III, Section 10 is amended to read as follows:
SECTION 10. REGIONAL CHANNEL
The standard VHF channel 6 is hereby designated for uniform
regional channel usage. Use of time on the regional channel shall be
made available without charge.
Section 10. Article V, Section 3, Paragraph B is amended to read as follows:
B. Within ninety (90) days after obtaining all necessary
permits, licenses, certificates and authorizations, Grantee •
shall give written notice thereof to City and commence
construction and installation of System. Grantee shall
have constructed all areas of the initial service area which
contain dwelling units on or before November 12, 1984 so
that persons along the route of the energized cable will
have individual "drops" as desired during the same
period of time.
Section 11. Article VI, Section 4, subsection (4) of Paragraph E is amended to read as
follows:
(4) Topics which may be discussed at any evaluation session may
include, but not be limited to, service rate structures; franchise
fee; penalties; free or discounted services; application of new
technologies; system performance; service provided;
programming offered; customer complaints; privacy;
amendments to this Franchise; judicial and FCC rulings; line
extension policies; and Grantee or City Rules.
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Section 12. Article VI, Section 5, Paragraph B is amended to read as follows:
B. Grantee may be approved, and this Franchise or modification to it may
be renewed, by.City in accordance with then existing rules of the FCC,
the State of Minnesota, the City and all other applicable laws,
ordinances, rules or regulations.
Section 13. Article VIII, Section 4, subsection (7) of paragraph C is amended to.read
as follows:
(7) For failure to provide the services Grantee has proposed,
including but not limited to the implementation and the
utilization of the access channels and compliance with the
Resolution Transferring Community Programming
Responsibilities From Group W Cable of the North Suburbs,
Inc., d/b/a Cable TV North Central and Amendment Agreement
No. 2, the penalty shall be Five Hundred Dollars ($500.00) per
day for each day, or part thereof, such failure occurs or continues.
Section 14. Article VIII, Section 5, Paragraph A is amended to read as follows:
• A. At the commencement of this Franchise, and at all times thereafter
until Grantee has liquidated all of its obligations with City, Grantee
shall maintain with City a bond in the sum of Fifty Thousand Dollars
($50,000.00) (which shall be replenishable and increased to Two
Hundred Fifty Thousand Dollars ($250,000.00) in the sole discretion of
City) in such form and with such sureties as shall be acceptable to City,
conditioned upon the faithful performance by Grantee of this
Franchise and the acceptance hereof given by Grantee and upon the
further condition that in the event Grantee shall fail to comply with
any law, ordinance or regulation, there shall be recoverable jointly and
severally from the principal and surety of the bond, any damages or
losses suffered-by City as a result, including the full amount of any
compensation, indemnification or cost of removal of any property of
Grantee, including a reasonable allowance for attorneys' fees and costs
(with interest at two percent (2%) in excess of the then Prime Rate), up
to the full amount of the bond, and which bond shall further guarantee
payment by Grantee of all claims and liens against City or any public
property, and taxes'due to City, which arise by reason of the
construction, operation, maintenance or use of the System.
Section 15. Section 1.B.(2)(d) of Article IX is deleted in its entirety.
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Section 16. Article XIV, Section 2, Paragraph C is amended to read as follows:
C. The Offering shall be permanently kept and filed in the Office of the
City Clerk and the originals or reproductions thereof shall be available
for inspection by the public during normal business hours.
Section 17. This Ordinance shall be effective after approval of this Ordinance by the
North Suburban Cable Commission and the Grantee and upon publication.
First Reading: December 11, 1990
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk •
Published: St. Anthony Bulletin on the day of ' 1990.
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ORDINANCE NO. 1990- 010
AN ORDINANCE PROVIDING FOR THE INSTALLATION AND
OPERATION OF SPECIAL LIGHTING SYSTEMS FOR CERTAIN
PUBLIC STREETS; PROVIDING FORTHE COLLECTION OF COSTS AS A
SPECIAL ASSESSMENT AGAINST PROPERTY BENEFITTED; AMENDING
CHAPTER VI OF THE 1973 CODE OF ORDINANCES BY ADDING A SECTION 620.
The City Council of the City of St. Anthony, Minnesota, ordains:
Section 1. Chapter VI of the 1973 Code of Ordinances is amended to add a new
Section 620 to read as follows:
Section 620 - Charges and Assessments
for Special Street Lights
Section 620:00. Manager May Order Certain Work Done. The City
Manager may from time to time order the installation and operation of
lighting systems for public streets and sidewalks pursuant to Minnesota
Statutes, Section 429.101 which are in addition to and/or different than
the normal street-lighting installed and operated at the City's sole
expense (hereinafter referred to in this Section 620 as "special street
lighting"). The order will state the location and type of the special
street lighting work to be done. The Manager will transmit a copy of
the order to the Director of Public Works, who will then have the work
done by entering into contracts for such work with the appropriate
public utility company or other appropriate parties.
Section 620:10. Record of Cost. The Director of Public Works will keep
records of and report to the City Clerk the actual cost of all special street
lighting work, and, in the case of costs to be charged prior to the time
they are incurred, the estimated cost of such work. In either case, such
records and reports will include the cost of all special street lighting
work done or to be done and all operating costs of the City incurred and
to be incurred with respect to the special street lighting.
Section 620:15. Collection Before Levy as a Special Assessment. All
costs incurred or to be incurred for special street lighting or the
operation of the special street lighting, or such portion thereof as the
Council by resolution-from time to time shall determine to charge
under this Section, will be charged with such frequency as the Council
by resolution from time to time determines, to each owner of each
separate lot or parcel of land benefitted by the special street lighting, in
proportion to the benefits conferred upon such lots or parcels. If any
• charge is made for a cost to be incurred and, based upon subsequent
actual costs, is found to be excessive, subsequent charges shall be
reduced by such excess, and, if deficient, subsequent charges shall be
increased by such deficiency. Any charge not paid in full by
September 10 of each year shall be levied as a special assessment against
the lot or parcel of land benefitted by the special street lighting.
Section 620:20. Levy of Assessment. On or before September 15 of each
year, the City Clerk will prepare an assessment roll assessing all costs
for the special street lighting reported under this Section 620 against
each separate lot or parcel of land benefitted by the special street
lighting, in proportion to the benefits conferred upon such lots or
parcels. The Council will examine the assessment roll submitted by the
City Clerk, and if satisfactory, will call a public hearing and levy special
assessments for any unpaid charges for the special street lighting in
accordance with Minnesota Statutes, Section 429.061. All such special
assessments will be payable in a single installment, or such additional
annual installments, not to exceed 10, as may be fixed by the resolution
approving the special assessments, with interest thereon at the rate
fixed in the resolution approving the special assessments, but not to
exceed the highest rate allowed by law.
Section 620:25. Other Ordinances and Remedies. The methods and
remedies authorized by this Section 620 are in addition to any other
methods or remedies available to the City by state statute or City
ordinance.
Section 2. This Ordinance shall be effective as of its date of publication.
First Reading: November 13 , 1990
Second Reading: November 27 , 1490
Adopted: December 11, 1990
it
Mayor
ATTEST:
City Clerk
Published: St. Anthony Bulletin on the day of 011990.
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