Loading...
HomeMy WebLinkAboutCC PACKET 05281996 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIIIIIII iozzzo Box: 22 Polder: CC PACKETS 1994-1998 Document: CC PACKET 05281996 ® H.R.A. IMMEDIATELY FOLLOWING _ REGULAR COUNCIL MEETING. • CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA May 28, 1996 7:00 P.M. Council Chambers I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF MAY 28, 1996 REGULAR COUNCIL MEETING AGENDA. IV. APPROVAL OF MAY 14, 1996 REGULAR COUNCIL MEETING MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. Dorsey & Whitney - $279.48. B. Foster, Ojile, Wentzell & Brever - $2,600.00. C. Verified. • VII. REPORTS. A. 1995 Audit report (please bring the 1995 audit reports to the meeting). Stuart Bonniwell, City auditor, will be present. B. Report on Drainage District 6. Dennis Palmer, Barr Engineering, will be present. C. Councilmembers. D. Mayor. E. City Manager. VIII. PUBLIC HEARINGS - None. IX. NEW BUSINESS. A. Resolution 96-040, re: Rental lease with Aga Khan. B. Resolution 96-041 , re: Rental lease with Minnesota Swimming. C. Ordinance 1996-003, re: Political signs (1 st reading). X. UNFINISHED BUSINESS. A. Ordinance 1996-002, re: Donation of sick leave time (3rd reading). XI. ADJOURNMENT. • 1 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES MAY 14, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:02 P.M. followed by the Pledge of Allegiance led by Mayor 6 Pro Tern Enrooth. 7 II. ROLL CALL. 8 Councilmembers Present: Marks, Enrooth, Wagner, and Faust. 9 Also Present: City Manager Michael Mornson and Fire Chief Johnson. 10 Absent: Mayor Ranallo 11 III. APPROVAL OF MAY 14, 1996 COUNCIL AGENDA. 12 Motion by Marks, second by Wagner to approve the May 14, 1996 Council Agenda as presented. 13 Motion carried unanimously. 14 IV. APPROVAL OF APRIL 23, 1996 CONTINUATION OF BOARD OF REVIEW 15 MINUTES. 16 Motion by Wagner, second by Marks to approve the April 23, 1996 Continuation of Board of 0 Review minutes as presented. 18 Motion carried unanimously. 19 APPROVAL OF APRIL 23, 1996 REGULAR CITY COUNCIL MEETING MINUTES. 20 Motion by Marks, second by Wagner to approve the April 23, 1996 Regular City Council 21 Meeting minutes with the following change: 22 Page 3, Line 6; Replace"would"with"could". 23 Motion carried unanimously. 24 V. LICENSES/PERMITS/PETITIONS. 25 Motion by Marks, second by Faust to approve the following licenses: 26 Multiple Dwelling License: 27 3800-3808 Macalaster Drive, Macalaster Manor/Renewal 28 Vending License: 29 Bernick's Full-Line Vending, Eden Prairie, MN/Renewal 30 Garbage Haulers License: 31 United Waste Systems Inc., St. Paul, MN/formerly Gallagher's Aagard Sanitation, Inc., Eagan, MN/Renewal 33 Motion carried unanimously. City Council Regular Meeting Minutes May 14, 1996 Page 2 • 1 Motion by Faust, second by Wagner to approve the following licenses and permits: 2 3.2 Beer Retail Off-Sale License 3 Sentyrz's Town& Country, St. Anthony Shopping Center/Renewal 4 Temporary 3.2 Beer Park Permit 5 June 2, 1996, Central Park/W. Robertson Family Picnic 6 Voting on,the Motion: 7 Aye: Enrooth, Faust, Wagner. 8 Nay: Marks. 9 Motion carried. 10 VI. PRESENTATION OF CLAIMS. 11 Motion by Marks, second by Wagner to approve the following claims: 12 A. Stuart J. Bonniwell in the amount of$3,000.00 for progress billing in connection with the 13 audit of the financial statements of the City of St. Anthony for the year ended December 14 31, 1995. 15 B. Dorsey & Whitney in the amount of$2,235.68 for legal services rendered through March 16 31, 1996. • 17 C. 3 pages of Verified Claims as presented by the Finance Director. 18 Motion carried unanimously. 19 VII. REPORTS. 20 A. Councilmembers. 21 Wagner reported the St. Anthony Village Merchant Association will be holding a classic 22 car show this coming weekend. Chief Engstrom has agreed to assign reserve officers to 23 the show. The show is being run by Walt Syntrz and he has invited the Mayor to attend 24 on Saturday to make the awards at the ceremony at 3:00 P.M. Wagner noted the Library 25 will be having a book sale in conjunction with the show and several other merchants will 26 also be having activities. 27 B. Mayor Pro Tem. 28 Mayor Pro Tem Enrooth had no report. 29 C. Ci , Manager. 30 City Manager Mornson reported he had met with Warren Rolek, Superintendent of the 31 School District. They discussed the school election this fall which the City will conduct. 32 A joint resolution will be developed to address this issue at a future meeting. • City Council Regular Meeting Minutes May 14, 1996 • Page 3 1 Morrison noted a letter which was received inviting Councilmembers to a presentation by 2 Shelby Andress, Senior Consultant from the Search Institute on Tuesday, May 21, from 3 . 6:30 P.M. to 7:45 P.M. in Room 217 of St. Anthony Middle School. 4 Morrison reported his attendance at a meeting today with Falcon Heights and Lauderdale 5 regarding the proposed police contracts for 1997-1998. Lauderdale will review the 6 contract tonight with approval scheduled for May 28, 1996. Falcon Heights is scheduled 7 to approve on May 22, 1996. St. Anthony will then consider the contracts on June 10, 8 1996. 9 Morrison reported the 1995 audit is complete and noted he would distribute copies of the 10 City and HRA audit at conclusion of the City Council meeting. Stuart Bonniwell will be 11 present at the May 28, 1996 City Council meeting to discuss the results. Dennis Palmer 12 of Barr Engineering will also be present at the May 28, 1996 City Council meeting to 13 discuss the results of the storm water studies performed in the southern part of the City of 14 St. Anthony. 15 Morrison reported that Senator Marty and Representative McGuire had been scheduled to 16 be present at the June 10, 1996 City Council meeting but have canceled. They would like to reschedule for the July 9, 1996 meeting. 18 Morrison reported CUB Foods and First Bank had closed last Monday. Discussions are 19 being held to determine a date for the ground breaking ceremonies. There was Council 20 suggestion that the ground breaking be held in August, 1996 before the Villagefest 21 weekend. 22 D. 1995 Annual Fire Department Report. 23 Fire Chief Johnson presented the City of St. Anthony Fire Department 1995 Annual 24 Report. He noted the chart on page 10 which illustrated the fire loss in the City of St. 25 Anthony from 1970 to 1995. He reported the average fire loss in the City of St. Anthony 26 is 10% of the state average. Fire Chief Johnson noted the majority of emergency activity 27 in 1995 had shifted back to the north end of town past 37th Avenue. 28 Marks asked what factors contributed to the low annual fire loss. Fire Chief Johnson 29 explained he believed it was attributed to a high profile by the fire department in the 30 community and an effective fire prevention program. 31 Fire Chief Johnson noted the amount of medical emergency runs was due to many people 32 not being mobile. He also noted a program which was started last year to sell rides on the 33 fire truck. He stated these rides are sold mostly through silent auctions at charity functions and have been very successful. He provided photographs of the fire truck being utilized for a birthday party as a result of Kathy Wolff purchasing the ride for$83.00 at 36 the silent auction at Villagefest. City Council Regular Meeting Minutes May 14, 1996 Page 4 • 1 The City Council congratulated the fire department for their continued good service in 2 1995. 3 VIII. PUBLIC HEARING -None. 4 IX. NEW BUSINESS 5 A. Resolution 96-035, re: Calling for the Sale of Tax Increment Finance Bonds. - 6 Mr. Bob Thistle, Springsted Incorporated, stated he was present tonight to receive 7 authorization for the sale of$1,770,000.00 General Obligation Tax Increment Bonds to 8 be used by the new CUB facility at Apache Plaza. This will be a 15 year bond with an 9 optional redemption in 10 years. The bonds will be taxable with an approximate interest 10 rate of 7.5%depending on the market. Consideration for the award of the Bonds will be 11 at the June 10, 1996 City Council meeting. 12 Faust asked what the interest rate was for the previous bond sale. Mr. Thistle stated he 13 believed it was approximately 5%. This bond will have an interest rate of approximately 14 2%higher because it is a taxable bond for private activity. Mr. Thistle explained the 15 change in Federal law regarding disclosure. 16 Motion by Marks, second by Wagner to approve Resolution 96-035, regarding the calling • 17 for the sale of General Obligation Taxable Tax Increment Bonds, Series 1996A. 18 Motion carried unanimously. 19 B. Discussion of Possible Change Orders for Construction of New City Hall. 20 Jim O'Brien, Williams/O'Brien Associates, Inc. stated he had not yet received the cost 21 for the additional storage area on the north end of the new City Hall. He noted the 22 contractor had stated he would provide this figure within the next seven days. 23 Mr. O'Brien reported the original plans for City Hall call for a ground sign in front of the 24 building. After further consideration, it appears the sign on the building along Silver 25 Lake Road will be sufficient. The letters are large enough to be read from the street and 26 are above the canopy of the trees. 27 Faust asked if a sign was proposed for the south side to identify the police entrance. Mr. 28 O'Brien stated there was not. 29 Marks asked if there was a telephone available near the police entrance. Mr. O'Brien 30 stated there was a telephone located in the vestibule entrance that was accessible. 31 Morrison asked if funds were allocated in the original bid for the ground sign and the 32 building sign. City Council Regular Meeting Minutes • May 14, 1996 Page 5 1 Liz Hermann, Williams/O'Brien Associates, Inc. noted $4,500.00 was allocated in the 2 original bid for the ground sign_ and the utility drop off. The building sign was included 3 in the bid for the building. 4 Marks asked how many flagpoles were proposed for the entrance and where they would 5 be located. He noted he would like to have two flagpoles located at the entrance. Marks 6 also noted there is currently a bus stop for buses traveling north on Silver Lake Road near 7 the entrance of the building and asked that the bus stop be retained. 8 There was Council consensus to address the issue of the ground sign after the building 9 was erected and the sight line of the building sign could be evaluated. 10 Ms. Hermann then addressed the site plan. She explained an alternative for the southwest 11 corner of the site at 33rd Avenue and Silver Lake Road. This plan would provide more 12 parking for the site and also provide an access for police vehicles to Silver Lake Road. 13 The plan would pull the lower tennis court away from the corner of Silver Lake Road and 14 33rd Avenue and provide the opportunity to landscape in that area. The bandshell would 15 be located to the north of the tennis court and would take advantage of the slope of the 16 hill for seating. She noted the civil engineer has stated that after a week of rain the large 17 swale which is depicted next to the tennis court, will have standing water and cattails may grow in that area. 19 Mr. O'Brien noted the parking spaces north of the tennis courts had been changed to 20 perpendicular to allow for more parking. He stated he had discussed the parking and the 21 access to Silver Lake Road with Police Chief Engstrom and he is comfortable with the 22 configuration. 23 Momson noted a location needed to be determined for the playground. 24 Wagner stated he was not comfortable with the access for police vehicles to Silver Lake 25 Road going through the parking lot. He felt this was a dangerous situation. Mr. O'Brien 26 suggested it could be signed as a"one way". 27 There was Council consensus to accept the proposed site plan for the southwest corner of 28 33rd Avenue and Silver Lake Road. There was Council consensus to postpone the 29 decision for access to Silver Lake Road through the parking area and discuss the issue 30 with Police Chief Engstrom again. 31 Ms. Hermann displayed a illustration of the wall at the end of the lobby. She explained it 32 will be a screen wall with a small fountain. Wagner stated he was concerned with children playing in the water. Mr. O'Brien stated this would be a well-supervised area. Enrooth and Faust stated they did not anticipate 35 problems with children in this area. City Council Regular Meeting Minutes May 14, 1996 Page 6 • 1 Ms. Hermann reported she had an estimate for the wall at the end of the lobby but she felt 2 it was high. She stated she would like to submit it to Graus Construction and present 3 their bid at the June work session. 4 Ms. Hermann stated Gratis Construction did not change the amount of the bid for the new 5 scoreboard. They are standing firm at the price of$6,000.00. Mr. O'Brien stated he felt 6 this was a little high but not outlandish. 7 Wagner stated he had spoken with members of the Lions Club, Kiwanis and President of 8 the Chamber and they all seemed willing to fund a portion of the scoreboard. 9 Ms. Hermann reported the direct digital control system upgrade would result in a$.,15 to 10 $.25 per square foot savings per year. She emphasized that this savings would be 11 dependent on the usage of the system. The personal computer to control the system 12 would be in a locked room and would require room by room scheduling and temperature 13 setpoint changes. If it was not controlled there would be no savings at all. 14 There was Council consensus not to purchase the direct digital control system upgrade. 15 16 C. Resolution 96-036, re: Certification of Local Performance Measures. • 17 Motion by Marks, second by Wagner to approve Resolution 96-036, regarding 18 certification of local performance measures. 19 20 Motion carried unanimously. 21 D. 1996 Insurance Renewal. 22 Morrison n6ted this was a$56,042.00 decrease in premium from the past year. 23 Motion by Marks, second by Enrooth to approve the League of Minnesota Cities 24 Insurance coverage renewal for June 1, 1996 through May 31, 1997. 25 Motion carried unanimously. 26 E. Resolution 96-033, re: Changes in Community Development Block Grant Agreement. 27 Morrison reported Hennepin County has elected to become an"Urban County" for the 28 purposes of receiving Community Development Block Grants. This requires cities such 29 as St. Anthony with less than 50,000 population and who receive on average less than 30 $50,000 in allocation to pool what they normally would receive in a pool for award in a 31 manner determined by the County. Morrison reported this is the same system Ramsey 32 County is currently utilizing. 33 •34 Motion by Marks, second by Faust to approve Resolution 96-033, regarding authorizing 35 the execution of a Joint Cooperation Agreement between the City of St. Anthony and City Council Regular Meeting Minutes May 14, 1996 • Page 7 1 Hennepin County for continued participation in the Urban Hennepin County Community 2 Development Block Grant Program. 3 4 - Motion carried unanimously. 5 F. Resolution 96-031. re: Closing of Apache Wells. 6 Motion by Wagner, second by Faust to approve Resolution 96-031, regarding approving 7 the closing of Apache Wells Bar and Grill on-sale bar on or before June 30, 1996. 8 Momson reported the City of St. Anthony has been trying to terminate the lease with 9 First Banks for Apache Wells. There is a forthcoming proposal from First Bank to 10 provide 8000 square feet in the Tires Plus building for the SAV II store. That proposal 11 will also terminate the current lease in July of 1996. 12 Motion carried unanimously. 13 X. UNFINISHED BUSINESS. 14 A. . . Ordinance 1996-002. re: Donation of Sick Leave Time ( Second Reading 1. 15 Motion by Marks, second by Wagner to approve the 2nd reading of Ordinance 1996-002, 0 relating to employees' donation of sick leave time, amending Section 300.10 of the 1993 St. Anthony Code of Ordinances by adding Subd. 9. 18 Motion carried unanimously. 19 XI. ADJOURNMENT. 20 Motion by Marks, second by Wagner to adjourn the meeting at 8:17 P.M. 21 Motion carried unanimously. 22 Respectfully submitted, 23 Lorri Kopischke 24 TimeSaver Off Site Secretarial 25 26 Mayor 27 ATTEST: �8 City Clerk • . ain Z1a tho e DATE: May 28, 1996 APPROVN&� TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: Multiple Dwelling License: 3200-3225 Diamond 8 Terrace/Diamond 8 Terrace/Renewal 3701 Chandler Drive/Chandler Place/Renewal 3605-3615-37th Avenue NE/Highcrest Manor/Renewal • 3820 Macalaster Drive/Highcrest Manor/Renewal Cigarette License: Smart Stop Superette/3259 Stinson Blvd/new owners (Formerly Stop 'N' Save) Service Station License: Smart Stop Superette/3259 Stinson Blvd/new owners (Formerly Stop 'N' Save) 0 C X.Ha thou e DATE: May 28, 1996 APPROVAL TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Council Approval: 3.2 Beer Retail Off-Sale License: Smart Stop Superette/3259 Stinson Blvd/new owners (Formerly Stop 'N' Save) Temporary 3.2 Beer Park Permit: June 1, 11996/Central Park/Company Picnic/R. Hodson • CITY OF ST ANTHONY DEPARTMENT OF LICENSING Date: The following is an application for use of 3.2 beer in City Parks. ` FULL NAME OF APPLICANT: 4S o (Must work in St. Anthony or live in Sk. Anthony) ADDRESS: 3� c roar LJ� AGE: I ce at I am esident of St. Anthony or wo in the City. I am responsible r con ct of his/her gro • S' ature of NAME OF GROUP•. # IN GROUP: LOCATION: Q ��- DATE: HOURS: TELEPHONE#: $50.00 CLEAN-UP DEPOSIT: - (You are responsible for Park Clean-up, the deposit will be.returned after inspection of the Park) RECEIVED BY: /'11 RETURNED. INDEPENDENT SCHOOL .DISTRICT NO. 282 Community Services Department 3301 Silver Lake Rd • St. Anthony, MN 55418 • Phone: 781-5021 Facilities Reservation Form Permit No. Name Home Phone -D,10,1 Bus. Phone 3 1r; ' 35V Add ress t. Today's Date :x Name of Group or Organization i t Intended Use �!")..i !_. t , rt ,.` Dated' t1_l )D _ c . (s wante) � Day(s) Su M T W Th Fa (circle) Building: High School Auditorium Community Center Cafeteria Wilshire ark E Scrpol Classroom(s) # Other t y1 t Q rL-, Gymnasium (If High School, circle one: LARGE SMALL ) Kitchen Other Doors to open 'am pm Expected attendance: o fin . Activity begins I I &--am pm Admission: Free Charge Activity ends am • b Opm Will merchandise be sold?. Special arrangements needed (chairs, cooks, AV equipmen3, etc.):' I hereby certify that I am an agent of the above name r.�p or organization and am authorized to accept in their name the responsibility for observance of the rules and regulations of the Board of Education, Independent School District#282.As a group or organizational agent, I will attend this function,and I will be solely responsible for giving . any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless I.S.D. 282 and its representatives-from all claims incurred in use of the facility. Rentee waives all rights and claims for potential damages incurred in this rental arrangement. t -1 i (signature of r sponsible person) Bill to: (name) (address) ---------------------=-----------------------FOR OFFICE USE ONLY------------------------ ------ _------- Class ns Approved by Date Charges: Rental Custodial oks Other charges: Note: L_ec Z:.`.e '"Z.Lf WNire-Community Services Office copy CANARY-eaanme office copy PINK-Cmtomam copy 601.0-Appliunre copy DORSEY & WHITNEY LLP • P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St. Anthony, Minnesota May 15, 1996 Attn: Mr. Michael J. Mornson Invoice No. 488961 3301 Silver Lake Road St. Anthony MN 55418 For Legal Services Rendered Through 04/30/96 Client-Matter No: 178820-00047 General ® Schnitzer Environmental Case $265 .00 Total For Legal Fees $265 . 00 Plus Dusbursements Per Attached $14 .48 Total This Statement $279 .48 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement PAYMENT DUE UPON RECEIPT Foster,Ojile,Wentzell & Brever,LLC Attorneys at Law Suite 201 Anthony Place • 2855 Anthony Lane South St.Anthony MN 55418 (612)789-1331 FAX:(612)789-2109 City of St. Anthony May 8, 1996 3301 Silver Lake Road St. Anthony MN 55418 Attention: Roger Larson In Reference To: 8001.01 Invoice# 13854 Hours Amount For professional services rendered 0.00 $2,600.00 Previous balance $2,600.00 4/25/96 Payment-thank you-April ($2,600.00) • Balance due. $2,600.00 Thank you for your business! Payments maybe made using your VISA orMMSTERCARD Effective May 1, 1996, an 6%finance charge will be added to all past due invoices. • BRC FINANCIAL SYSTEM ST . ANTHONY VILLAGE R e VENDOR CHECK# DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 004009 AETNA LIFE & GASUALTY 9429 04/30/96 47:1 .74 004225 ALLIANT FOODSERVICE 9430 04/30/96 527.2.1. 004027 ARONSON/TIMOTHY 9431 04/30/96 48.00 00402:7 AR9N- 9P/:�4: THV 94-,;2 04/3G/96 48.00 .00001 D.F.. L.UCA'S REST. SUPPLY 9433 04/30/96 91 .21 004112 DORIS/BRUCE 9434 04/30/96 48.00 -- 004410 FIRSTAR -aT-f?NTi-{$N Y BANK 9 4-S 04,1,30/96 4 ,506.99 004411 FIRSTAR ST ANTHONY BANK 9436 04/30/96 15,000.00 004141 FRIT.Z COMPANY, INC. 9437 04/30/96 2, 193.36 0041:-75 GRTGGS G99RE c &Ge ZING. 94,38 94/90/96 13,717 92 004202 HENN CTY SUPPORT & COLL 9439 04/30/96 240.85 004208 I C M A RETIREMENT TRUS 9440 04/30/96 20.00 9OHNSGN BROS. > > 07 004250 LUNDGREN/MATTHEW H. 9442 04/30/96 48.00 004316 N .O.T . TRUCKING 9443 04/30/96 360.50 .00002 NETWORK RU9. SUPPLIES 9444 04/39/96 154 . 4.9 004356 PERRY/DONALD 9445 04/30/96 113.05 004360 PHILLIPS WINE & SPIRITS 9446 04/30/96 .1. ,.524. 1.73 --0843 0,PUBLI-G EMPLOYEE RETIREME 9447 04-/30/96 , 538.01 004425 SKYVIEW SATELLITE SYSTEM 9448 04/30/96 3,907 . 41 04401 ST .A. LIQUOR #1 PC 9449 04/30/96 142.37 ST. 04466 SYSCO-MINNESOTA 9451. 04/30/96 6. 55 004491 UNITED WAY 9452 04/30/96 12.00 08445 WE6 '11 GOM„P PIS,,PFD 9453 04/30/96 9,760.Z! 004079 CHANDLER/CHRISTOPHER 9454 04/30/96 100.00 004444 STARLITERS/KARAOKE 9455 04/30/96 300.00 RART.N/beRl 9456 04/aG/6 265.00 . 00004 HILL./JOHN 9457 04/30/96 255.00 004079 CHANDI.._ER/CHRISTOPHER 9458 04/30/96 100.00 004 196 C-GMER TriAAELr 9459-84/30/96 125.00 004411 FIRSTAR ST ANTHONY BANK 9460 04/30/96 15,000.00 004250 LUNDGREN/MATTHEW H . 9461, 04/30/96. 96.00 004356 P ERRY,I-D{7L* A6D 9462 04/30,196 11 4 09 004404 ST . A. LIQUOR #2 PC 9463 04/30/96 53.91 004.444 STARLITERS/KARAOKE 9464 04/30/96 300.00 004225 AZ -i ANT Fn O G ER V 77 r 6 9C] @ 0+� C 0/- 3 E 5 b A.6+r.7 004096 COMER/MICHAEL 9519 04/30/96 125. 00 004112 DORIS/BRUCE 9520 04/30/96 48.00 0041-30- pphiI T c 'n CATERIhLG 952 130196 4 11 s-x9 7A$€ 004410 FIRSTAR ST ANTHONY BANK 9522 04/30/96 4,272. 31 004141 FRITZ_ COMPANY, INC. 9523 04/30/96 3, 445.05 004 201 14EGG16S PIZZA 9524 04 /30/96 I32. 65 .00005 BOB I._APORA ADVERTISING 9525 04/30/96 225.00 004250 LUNDGREN/MATTHEW H . 9526 04/30/96 48.00 °04272 MFT' RAKING GO 9527 04/30/96 59 26- 0006 MILLER/ROBERT 9523 04/30/96 320.00 04380 PUBLIC EMPLOYEE RETIREME 9529 04/30/96 .1 ,519. 74 BRC FINANCIAL SYSTEM ST . ANTHONY VILLAGE nST/no/or���.n rheGU pegirmt-Ar G6540R-VQ4 --30 PAGE BANK VENDOR CHECK## DATE AMOUNT • LIAR LIQUOR CHECKING ACCOUNT 004385 Q'JALITY WINE 09 2530 04/30/96 1�-77C� 61 004444 STARLITERS/KARAOKE 9531 04/30/96 300.00 004466 SYSCO-MINNESOTA 9532 04/30/96 211 .94 .00007 ARAcwr--- WEI. X3-5 neIzn!o loo 00 004079 CHANDLER/CHRISTOPHER 9534 04/30/96 100.00 004102 COMER/MICHAEL. 9535 04/30/96 1.25.00 00411 Do-Rls n . G-F 9536 04/30,196 4200 004411 FIRSTAR ST ANTHONY BANK 9537 04/30/96 ].5,000.00 004250 LUNDGREN/MATTHEW H . 9538 04/30/96 48.00 Q044411 yTl1R� IT E�'�S���nR(`�9YE 953P 04/30/96 3010-00 LIQUOR CHECKING ACCOUNT 116,484. 16 Ask • BRC FINANCIAL SYSTEM ST . ANTHONY VII... -AGE 98/09/96 088 Greek Registom+= G.6540R-YO4 .30 PAGE i &K VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004009 AETNA LIFE & GASUALTY 9604 05/10/96 4:73: . :74 004225 ALLIANT FOODSERVICE 9605 05/10/96 302. 30 004015 AMERICAN LINEN SUPPLY CO 9606 05/10/96 1 ,340.04 -004916 -ANERIGAN-RICK BEE v+I£EG 9694 95/10/96 243. G0 004293 BELLBOY CORP. 9608 05/10/96 249. 75 004/039 BONNIWELL/STUART J 960/ O 9 /0�5/10�/996 3,500.00 " 04079 G'IArDi-ER/Gi!R!GT9Pi1 ET 961V- '5/i /'96 004095 COCA COLA BOTTLING 9611 05/10/96 1 ,868.53 004102 COMER/MICHAEL 9612 05/10/96 125.00 904101 G9MMERS 9613 95/10/96 2(). 4:R 004108 DAN 'S REGISTER SERVICE 9614 05/10/96 69.59 004111 DATA & TEL COMMUNICATION 9615 05/10/96 91 . 43 E 9,616-05/10/96 8,. 00 004120 EAGLE WINE CO 9617 05/10/96 498.60 004125 EAST SIDE BEVERAGE CO 9618 05/10/96 20,792. 45 0041:30 F696AB 9619 05/19/96 168.91:; 004135 ELECTRO WATCHMAN INC 9620 05/10/96 479.25 004411 F.I.RSTAR ST ANTHONY BANK 9621 05/10/96 ].5,000.00 00441 FRITZ -COMPAQ,, I G. 9,622 05/19/96 , 004145 GANZER DISTRIBUTORS INC 9623 05/10/96 5,930. 40 004175 GRIGGS COOPER & CO INC 9624 05/10/96 10,601 .26 r 004205 HOME JUICE CO 9626 05/10/96 105. 30 004208 I C M A RETIREMENT TRUS 9627 05/10/96 11 20.00 -- 00422 A1GGh7'D•T CJRGG. 1=19.T9. 9628 05/10/96 3,081 . 60 004218 JOHNSON PAPER & SUPPLY C 9629 05/10/96 808. 74 004241 LILLIE SUBURBAN NEWSPAPE 9630 05/10/96 532.20 .000% LINGOLN D19T . GE). 9631 015/10/96 686. 00 004250 LUNDGREN/MATTHEW H . 9632 05/10/96 48. 00 004265 MARK VII SALES INC 9633 05/10/96 9,728. 53 -X04272 METZ BAKING GO 9634 05/10/96 24. 42 004290 MINNEGASCO 9635 05/10/96 867. 99 004313 MUZAK 9636 05/10/96 62. 40 004,316 N .9. T. TRUGKING 9637- 05/10/96 1 ,604 .00 004338 NORTH STAR ICE 9638 05/10/96 387. 48 004334 NORTHEASTER 9639 05/10/96 180.00 - a 00 ova NO rTNr 'N-n TATF n n Qb €� 9f 40 05/10 96 96 004345 OLD DUTCH FOODS INC 9641 05/10/96 134. 42 004353 PAQUETTE MAINTENANCE, IN 9642 05/10/96 23.54 094354 PAUSTIS & GONG 9643 05/10/96 3. ,922.-40 004355 PEPSI COLA COMPANY 9644 05/10/96 460. 05 004356 PERRY/DONALD 9645 05/10/96 185.55 _- 004360 P irr .61RG WINE ° JP,iITS 9646 05/10/96 s5,548.08 004361 PINNACLE DIST. 9647 05/10/96 110.60 004376 PRIOR WINE CO 9648 05/10/96 1 ,672.82 99438 1 Pwp,ir_-TrG-EmRk-QY E E RgTI R RM€ Q5/IQ/96 133 a 00 0 004385 QUALITY WINE CO 9650 05/10/96 2,693.25 004390 REX DISTRIBUTING CO 9651 05/10/96 21 ,009.31 BRC FINANCIAL SYSTEM ST . ANTHONY VILLAGE BANK VENDOR CHECK# DATE AMOUNT • LIAR LIQUOR CHECKING ACCOUNT 004285 STAR TRIBUNE 9653 05/10/96 42.34 004444 STARL.ITERS/KARAOKE 9654 05/10/96 300.00 904451 STUART 6O 9655 05, io/96 1S4 i 004480 TWIN CITY FILTER SERVICE 9656 05/10/96 254. 16 004491 UNITED WAY 9657 05/10/96 12.00 - 94270 VAP1 9 LIT--E 9-658 05/10/96 -3 1 .71 004493 VER-TECH INC. 9659 05/10/96 56.92 004494 WASTE MANAGEMENT - BLAIN 9660 05/10/96 443. 54 004495 W6 9H GOMRANT.ES, 11+16 966 05/10/96 9,:760 zi LIQUOR CHECKING ACCOUNT 135,927 .64 ** • FINANCIAL SYSTEM ST. ANTHONY VILLAGE 22/96 12:04 Check Register GL540R-VO4.30 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST_ ANTHONY CHECKING 008216 '': A T & T WIRELESS SERVICE 11695 05/29/96 93. 17 000020 AA RATTFRY CO 11696 051291905 18 79 000120 AMERICAN LINEN 11697 05/29/96 14.00 000115 AMES PHOTO FINISH 11698 05/29/96 4. 16 008246 ARBOROUIP 11699 05129196 71 -31 000010 "AT & T CONS . PR©D DIV 11700. 05/29/96 48.95 008248 BINFORD & ASSOCIATES, IN 11701 °05/29/96 396.26 008247 6TTCIMTNOUS ROA{)WAYS, INC 1170 05/2.9/96 300 11 008153 BOB 'S PERSONAL COFFEE SE 11703 05/29/96 83.97 007168 BOYER TRUCK PARTS 11704 05/29/96 147. 11 00520 BRYAN ROCK PRODUCTS 1 705 05129/.96 204-81 .008242 BUSINESS RECORDS CORP. 11706 05/29/96 1 ,040.00 007164 CARLSON EQUIPMENT. C.0 11707 05/29/96 285.86 000610 CATCO CLUTCH & TRANSSVC 11708 05129196 R9.9A 008108 CITY OF ST PAUL 11709 05/29/96 133.96 004095 COCA COLA BOTTLING 11710 05/29/96 166.25 00001 CONTTNUTNG FnUCATTON 11711 05/29/96 175 00 . 000815': 11712 05/29/96 .169. 38 Amk- 007178 :D-ROCK CENTER & SMALL EN 11713 '05/29/96 137.28 08164 DULZ/KIMBERLY 11714 05129196 : 17.87 000200 EARL ANDERSON ASSOC 11715 05/29/96 60. 14 .00002 FAIRMONT AWARDS MFG. INC 11716 05/29/96 61 .00 007057 GENEX 11717 05/29196 75.91 601145 GLENWOOD ;INGLEWOOD . 11718 05/29/96 43.50 001230 GOPHER STATE: ONE CALL 11719 05/29/96 77.00 001241: GRACEIDUANE 117'20 05/29/96 634.80 008127 GRAFIX SHOPPE 11721 05/29/96 113.81 001250 GRAINGER INC/W W 11722 05/29/96 40.33 001410 HARMON GLASS 11723 05/29/96 30- 35 001420 HAWKINS CHEMICAL 11724 05/29/96 400.44 008170. HEALTHPARTNERS, INC.. 11725 05/29/96 8.00 007326 HENRY & ASSOCIATES 11726 05129/96 1 . 136=36 008206 HJERPE/JACQUELINE 11727 05/29/96 58.90 .00003 LIGHTNING DISPOSAL INC 11728 05/29/96 1 ,357.92 00721_6 LOCATOR & MONITOR SALES 11729 05129/96 91 .35 007162 .: MAPLE GROVE HTG & A/C 11730 ;05/29/96 104.00 008193 ' MCFOA TREASURER `` 11731 .05/29/96 25.00 008197 MCI TELECOMMUNICATIONS _ 11732 05/29/96 10.29 008162 MEREDITH CABLE 11733 05/29/96 2.66 002240 METRO COUNCIL ENVIRONMEN 11734 05/29/96 33,409.00 .00004 METROPOLITAN STATE UNIV 11735 05/2.9196 300.00 007140 ` MN POLICE RECRUITMENT 11736 05/29/96 129.64 008074 MN POLLUTION CONTROL AGE 11737 .05/29/96 260.00 008198 `MORNSON/MICHAEL 11738 05/29/96 248.74 • 00005 MPLS. AUDIO-TRONICS 11739 05/29/96 21 .04 002680 NORTHERN STATES POWER 11740 05/29/96 5,976.62 008086 OFFICEMAX - ROSEVILLE S 11741 05/29/96 6. 17 .007331, PAQUETTE MAINTENANCE, IN 11742 05/29/96 1 ;297.17 BRC FINANCIAL SYSTEM ST. ANTHONY VIL 05/22/96 12:04 Check Register GL540R-VO4.30 PAGE BANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 008233 :. PAYMENT PROCESSING CENTE ° 11743 05/29/96 32. 10 - : 002940 POSTMASTER 11744 05/29/96 1 ,363.00 007314 POSTMASTER 11745 05/29/96 600.00 008158 RAMSEY COUNTY 11746 05/29/96 4,546.79 003065 ROAD RESCUE INC 11747 05/29/96 13.30 003080`.: ;; ROLLI;NS OIL CO 11.748 05/29/96 5,640.00 003315 SERCO . LABORATORIES 11749 05/29/96;:_ 15.00 -- 008214 SNYDER DRUG 11750 05/29/96 ' 10.64 003490 STREICHER'S 11751 05/29/96 3,209.34 .00001 TCALMC 11752 05/29/96 125.00 008202 TIMESAVER OFF SITE SECRE 11753 05/29/96 376.50 003560 TRACY:: PRINTING " 11754 05/29/96 465.95 008227 U S WEST. CELLULAR =11755 05/29/96_ 306.67 UNIFORMS UNLIMITED 11756 0 05/29/96 5 002700 US WEST COMMUNICATIONS 11757 05/29/96 1 ,054.05 000830 ZEE MEDICAL SERVICE 11758 05/29/96 49.58 FIRSTAR ST ANTHONY CHECKING 67,658.51 *** • VI-Lt-AGE- 2/96 14:53 Check Register GL-540R-VO4.30 PAGE 1 LIAR LIQUOR CHECKING ACCOUNT 004004 A T & T WIRELESS SERVIC 9691 05%29/96 35.07 004225 ALLIANT FOODSERVICE 9692 05/29/96 472.09 004102 COMER/MICHAEL 9694 05/29/96 125.00 004098 COMMERCIAL LIFE INS CO 9695 05/29/96 17. 00 004104 COMPUTER CHEQUE OF MN 9696 05/29/96 131 .00 004112 DORIS/BRUCE 9697 05/29/96 48.00 004120 EAGLE WINE CO 9698 05/29/96 257. 02 004130 E60LAB 9699 E)5/29/96 226.93 004139 FARMER BROS CO 9700 05/29/96 9.21 004411 FIRSTAR ST ANTHONY BANK 9701 05/29/96 15,000.00 n 3 n A I_S 004175 GRIGGS COOPER & CO INC 9703 05/29/96 7 ,924.42 004185 GROUP HEALTH PLAN INC 9704 05/29/96 886. 64 004208 I C M A RETIREMENT TRUS 9706 05/29/96 20. 00 004220 JOHNSON BROS. LIQ. 9707 05/29/96 3,520.60 004250 L� BG R EPt IATTHEW 97e8 05/29/96 48.OE) 004266 MARKET MECHANICAL 9709 05/29/96 83.00 004365 MEDICA CHOICE 9710 05/29/96 1 ,572.01 ^ 9:711: 05/29/96 28.52 Wo,04290 MINNEGASCO 9712 05/29/96 178. 44 .00001 MPLS. OXYGEN CO. 9713 05/29/96 9.59 0043±3 MUZAK 9714 05/29/96 5i .95 004317 NARDINI FIRE EQUIPMENT C 9715 05/29/96 96.20 004335 NORTHERN STATES POWER 9716 05/29/96 3,747.29 004339 NT�4 eemmu�4ieATI(3NS. 97i7 05/29/96 60i .SE) 004354 PAUSTIS & SONS 9718 05/29/96 249.00 004360 PHILLIPS WINE & SPIRITS 9719 05/29/96 4,847.65 00436i PINNACLE DIST. 9 0 08/29/�'1L 29.50 004376 PRIOR WINE CO 9721 05/279'/96 883.40 004385 QUALITY WINE CO 9722 05/29/96 3, 521 .95 004285 STAR TRIBUNE 9724 05/29/96 43.80 004468 TOTAL REGISTER SYSTEMS 9725 05/29/96 110. 11 004492 U S WEST GOMMUNIGATIGNS 9726 05/29/96 740.74 004491 UNITED WAY 9727 05/29/96 12.00 LIQUOR nI IEGKI G T 4T8, 339.63 --K-r� • STUART J. BONNIWELL Certified Public Accountant • . . � 10201 Wayzata Blvd.-Suite 235 Office: (612)545-1522 Minneapolis, MN 55305 The CPA.Never Underestimate The Value:" Fax: (612)545-8891 April- 12, 1996 Members of the City Council City of St. Anthony, Minnesota I have audited the general purpose financial statements of the City of St. Anthony as of and for the year ended December 31 , 1995, and have issued my report thereon dated April 12, 1996. The purpose of this letter is to communicate certain matters involving the City's operational procedures noted during the audit of the general purpose financial statements of the City of St. Anthony for the year ended Decem- ber 31 , 1995. These comments are presented for your consideration and are not intended to be a criticism of the performance of City management in fulfilling its duties and respon- sibilities. This report is intended solely for the information and use of the City Council , management and others within the organization. Recommendations are in- tended to improve or strenghthen financial management and administration. • Some of the following comments are repeated from the prior year's letter because of their continuing significance. Segregation of Duties The City has a limited number of office personnel involved with certain accounting procedures. The limited number of. personnel responsible for recording, reconciling and reporting of financial transactions and performance of related accounting pro- cedures prohibits optimum segregation of duties. Therefore, accounting duties, policies and procedures must be routinely reviewed to determine if they are being adhered to or whether circumstances have changed necessitating modification of existing accounting duties, policies and procedures. Utility Billing System During the year the utility billing system was enhanced and upgraded due to the limited capabilities and inefficiencies of the old system. The conversion of accounts from the old system to the new system was completed smoothly without an interruption of service. As the utility clerk becomes more familiar with and learns the capabilities of the new system, management should consider training other office personnel to perform the utility billing function and accounting duties associated with the utility clerk position. • Members of the City Council City of St. Anthony, Minnesota • Liquor Operations During the year, the City assumed responsibility for the food operation at its Stonehouse location. To facilitate management of this operation the City entered into a contract for management of this operation with an independent contractor. Since inception of the contract, invoices for food, supplies and other items have been paid directly by the contractor. The contractor, on a monthly basis, submits an invoice to the City requesting reimbursement. To strenghthen controls over payment of invoices and inventory, the City should begin paying these invoices directly to the vendors, in a manner similar to its food operation at Apache Wells. According to the terms of the contract, the City is responsible for providing the food and other supplies as needed for this operation. The inventory on hand is the City's and not of the independent contractor. Such a change in procedures may enable liquor management to better manage this operation and control inventory costs. Based on discussions with the liquor manager, food costs as a percentage of revenues have been higher than anticipated. A budget or plan for capital acquisition and improvements for the Liquor Fund should be approved and documented, similar to what the City requires of its other operations. This document should identify the equipment needed to be replaced, provide a time-table for replacement and identify source of funds for payment. In connection with this, a uniform capitalization policy based on cost and ex- pected life/duration of the asset should be developed to provide guidance when fixed assets are acquired. In this manner, perhaps the liquor department should • become more involved with the preparation of an operating budget to better con trol and manage costs. Controlling and maintaining costs of operations is a key element to increasing profitability and these costs need to be monitored closely to enable management to adjust or make changes based on existing conditions. Due to a change in procedures for liquor inventory, taking of the inventory was improved and appeared to be conducted more smoothly. Inventory observation and test counts were matched to the inventory records without much difficulty and dif- ferences were easily identified and resolved. As a result, the inventory test counts were much easier to trace and verify. Recycling Grants Better grant documentation is needed to support the reimbursements requested from county agencies for recycling grants. Copies of requests and sufficient supporting documentation should be maintained in the appropriate files. For Hennepin County, it appears the grant reimbursement received was for more than the amount expended for the program; as a result, the City may have to refund a portion of grant funds previously received or file amended reports to support the amounts received. For Ramsey County, it appears the claim for reimbursement had not been filed during . the year. This claim file was submitted in March 1996-, and the City was subse- quently notified there were still funds available to be reimbursed to the City. • Members of the City Council • City of St. Anthony, Minnesota Financial Condition Following is a brief review of significant activities of various funds. General Fund - The financial -condition of the General Fund improved considerably during 1995. The fund balance increased by approximately $100,000 as a result of revenues and other sources exceeding expenditures and other uses for-the year. A closer review of the General Fund reveals that budgeted revenues and transfers exceeded budgeted expenditures and transfers by $378,500 before accounting for non-budgetary transfers of $278,400. Included among non-budgetary transfers were transfers for the following purposes: $100,000 - Re-establishment of revenue stabilization reserve in lieu of Liquor Fund operating transfers. $124,000 - Creation of a budget/levy reserve for future years. $37,685. - Transfer for future improvement projects. $16,715 - Transfer to fully fund the liability for accrued compensated absences. The fund balance of the General Fund totaled $861 ,423 as of December 31 , 1995; of which $831 ,311 has been designated by Council action and $30, 112 reserved for prepaid expenditures. Of the total designated amount, $551 ,290 has been designated for working capital and $159,639 for a self-insurance reserve. The remaining • balance of the designated amount has been designated for other continuing programs, such as beautification, recycling and police DARE program and related activities. The reserve for working capital represents approximately 18.85% of budgeted expenditures for 1996, down slightly from 1994. This working capital reserve pro- vides needed working capital to finance current operations until tax settlements and state aids are received. This reserve also serves as a safeguard against poten- tial revenue shortages or unexpected expenditures. The self-insurance reserve decreased $15,306 as a result of claims paid during the year. Debt Service Funds - Debt service funds of the City, including those of the Housing and Redevelopment Authority, have positive fund balances as of December 31 , 1995. Collection of assessments and taxes levied have been sufficient to meet the debt service requirements of the improvement bond issues. Incremental property taxes collected from tax increment finance districts have been adequate to meet the debt service requirements related to those issues. During 1995, the Certificates of Indebtedness were fully retired and the remaining balance of $29,868 transferred to the Capital Equipment Fund. Capital Project Funds - All capital project funds are in good financial condition. The fund balance of the Revolving Fund at December 31 , 1995 was $1 ,761 ,469, of which $1 ,253,700 has been designated for costs associated with construction of-the city hall portion of the Community Center complex. As street improvement projects are completed, the remaining funds should be transferred to the debt service fund established for debt retirement. For the 1994 Street Improvement Fund, the transfer from the corresponding debt service fund should be made to eliminate the deficit • in this fund. Members of the City Council City of St. Anthony, Minnesota • Financial Condition, continued Capital Project Funds (continued) - Collection of storm water fees have accumu-: late.d to approximately $189,200 and are available for storm water related projects. The Capital Equipment Fund .has a fund balance of $60,593 available for capital acquisitions in 1996. Included among Housing and Redevelopment Authority accounts is $2,380,300 for the construction of the Community Center complex; these funds represent unspent proceeds from the issuance of tax increment bonds. An additional amount of $800,000 has been designated and is currently available for other HRA projects as determined by the Commissioners of the HRA. Enterprise Funds - Liquor operations had an overall net income for the year ended December 31 , 1995; however, it should be noted that an operating loss was incurred with the difference between net income and the operating loss attributed to com- missions, investment and rental income. The Utility Fund also sustained an oper- ating loss, which was offset by reimbursements and investment income resulting in net income for the year. Sewer operations had a deficit for the year and continue to be subsidized by water operations. It is difficult to budget the amount of revenues needed to maintain the sewer operation as self-sufficient since the pre- sent City ordinance sets sewer rates using a formula based on the Metropolitan Council 's charges for the year. To eliminate water operations subsidizing sewer operations and ensure that revenues are adequate to cover expenses, a possible revision of the ordinance should be considered. This report is intended solely for the information and use of the City Council , management and others within the organization. If the Council wishes, I would be pleased to meet and discuss any of the observa- tions, comments, or recommendations mentioned or other matters pertaining to the audit with the Council or management at your convenience. If the City desires, I am available to assist with the implementation of any of the recommendations. I wish to express my appreciation for the courtesies and cooperation extended by the City Manager, Finance Director and City personnel during the engagement. �StuartJ. )nniwell Certified Public Accountant • (C(0) 1 PY Barr 8300 Norman Center Drive 555 West 27th Street • Minneapolis,MN 55437-1026 Hibbing,MN55746 Phone:(612)832-2600 Phone:(218)262-3465 Engineering Company Fax: (612)832-2601 Fax: (218)262-3460 May 14, 1996 Mayor and Council City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Drainage District 6 Partial Implementation Study Ladies and Gentlemen: We have examined the feasibility of partially implementing recommendations contained in the July, 1992 Barr report Stormwater Management Analysis, District 6 Drainage Basin. Anticipated development of a-parcel of land (now developed as a trailer park) located at the northeast corner of Stinson Boulevard and Kenzie Terrace prompted this study because the 1992 report proposed a :.stormwater detention pond at this location.- This.letter summarizes the feasibility of a partial implementation of.that.alternative which would have maximized stormwater storage in District 6, and concludes that potential flood reduction benefits may not justify the estimated construction • costs. . We also did a preliminary analysis of an alternative not previously considered, in which as much of the tailer park parcel as necessary would be converted to stormwater ponding and a larger relief sewer would be built to carry water that now accumulates in the area subject to flooding to the larger pond. We considered this additional alternative so there would be no question that the city had been thorough in considering ways to deal with the problem prior to making any decision regarding the trailer park parcel. As with the partial implementation of the alternative in the 1992 report, we concluded that potential flood reduction benefits may not justify the estimated construction costs. Background In 1992, the City of St. Anthony retained Barr to analyze flooding of city streets and private property within Drainage District 6 following intense rainstorms. The results of that analysis are described in Barr's July 1992 report. The report concludes that the alternatives to resolve the drainage problems are very expensive or require acquisition of developed property. The 1992 report discusses three alternatives: 1) increased downstream storm sewer capacity, 2) construction of a combination of stormwater ponds and diversions, or 3) flood protection of existing property. Flood protection was chosen by the city as the preferred alternative, because of the high construction costs of either adding capacity or constructing diversions and stormwater ponds in this developed area (as well as other considerations, such as elimination of parkland and tax base). Since that time, many property owners in the flood prone areas have reportedly made flood protection improvements to their homes. • The city expects increased interest in developing the 20-acre parcel of land located at the northeast corner of Stinson Boulevard and Kenzie Terrace. Before considering any development which would Mayor and Council May 14, 1996 • Page 2 limit stormwater retention at this site, the city wanted to consider whether a partial implementation of the diversion and stormwater storage alternative suggested in the 1992 study . offered any flood reduction benefits. This study reports the benefits of constructing a stormwater pond on this parcel and a relief storm sewer along Wilson Street (shown on Figure 1), without construction of the other elements of the diversion-storage alternative illustrated in the 1992 report. Partial Implementation of the Diversion-Storage Alternative in the 1992 Report To provide relief, any improvements will have to make maximum use of available storm sewer capacity, and provide a place for excess runoff to accumulate (other than in the areas now experiencing some flooding): The existing storm sewer in Wilson Street is already overloaded when it reaches 29th Street, so maximum use of capacity can be achieved by simply eliminating any connections to the existing storm sewer system along Wilson Street between 29th Avenue and 27th Avenue; flows from areas north of 29th Avenue will continue to use the existing storm sewer system to flow past those low-lying areas. Meanwhile, the areas between 29th Avenue and 27th Avenue will be drained by an additional storm sewer system along Wilson Street, from Murray Avenue south to the alley south of 27th Avenue NE, and then west to the proposed storage pond in watershed 6A-5 (see Figure 1). The new relief storm sewer system would collect runoff from the watersheds between 29th Avenue and 27th Avenue and direct it to the new stormwater pond, thus providing relief to the low-lying areas between 29th Avenue and 27th Avenue. The storm sewer on St. Anthony Boulevard at Coolidge Avenue would be bulkheaded to direct runoff west of Coolidge Street into the new storm sewer system. The proposed pond, located in the east end of the existing trailer park parcel, would provide approximately 19 acre-feet of storage, and would require acquisition of approximately 6.5 acres of land. The estimated order-of-magnitude cost of the relief storm sewer and pond is summarized in Table 1. Assuming a total cost of$1.5 million and an annual interest rate of 8 percent, the estimated annual cost for construction of the system over a 20-year period is about $152,000 per year. With the additional storm sewer system in place, the model predicts a reduction in 100-year flood levels of only 0.3 to 0.8 feet. The larger flood level reductions are near Murray Avenue; the smaller reductions occur near Pahl Avenue (the existing depth of flooding from the 100-year storm event in this area is typically less than 2 feet). While some reduction in damages would be achieved, and there would apparently be slightly fewer homes affected, greater reductions of the flood level are desirable. Greater reductions cannot be achieved because: Runoff from the area north of 29th Avenue that cannot find room to flow in the existing storm sewer system, flows overland and accumulates in the problem areas, adding to the water that must be handled by the new relief storm sewer. The proposed ponding area is simply not big enough to completely accept and store all the local runoff plus the overflow runoff from the watershed north of 29th Avenue. The approximate number of homes and outbuildings located in the existing and revised 100-year • floodplain are listed in Table 2. It appears that construction of the new storm sewer system would Mayor and Council • May 14, 1996 Page 3 remove three homes from the 100-year floodplain. This estimate is based on the topographic mapping that was done for the 1992 study, and is therefore approximate. No field survey was done. The approximate flood damage cost to homes and out buildings in the 100-year flood plain is also shown in-Table 2. -The figures assume one story homes, valued at $175,000, with contents valued at $25,000.-o No allowance-for basement values was considered. The flood damage estimates were estimated using Table 1 of the 1992 report;.although the costs are approximate, the difference between the estimate for existing conditions and the estimate for conditions with the proposed relief storm sewer is probably representative of the damage reduction which might be achieved -with the relief storm sewer. Over a 20-year period, the estimated annual flood reduction benefits average $38,000 per year. Comparing the estimated average annual cost for the relief storm sewer with the estimated average annual reduction of flood damages shows that the project would cost about 4 times the estimated benefits. Therefore, partial implementation of the diversion-storage alternative in the 1992 report cannot be recommended based on strictly economic criteria. Larger Pond and Relief Storm Sewer System We also considered another alternative that would require much of the trailer park parcel to build a very large pond, and a larger.relief system to provide capacity to carry overflow from areas north • of 29th Avenue, plus local flows, so that no damages result from the design storm. A preliminary analysis suggests that such a pond would need to provide a volume of about 38 acre-feet, and the relief storm sewer would need to provide about twice the capacity of the system described above. It would require about 14 acres of the parcel to be regraded as pond. The entire system is estimated to cost approximately $3 million. The average annual cost would be over 4 times the estimated annual value of reduced damages. As before, implementation of this alternative is not recommended based on strictly economic criteria. Other Considerations If the city chooses not to implement any part of the diversion-storage alternative in the 1992 report, and to permit development of the area identified as necessary for ponding in the report, then there will no longer be an opportunity to implement the diversion-storage alternative. .As a minimum, any developer of the trailer park parcel should be required to provide storage for runoff which originates in subwatershed 6A-5 (about 4 to 5 acre-feet in size), which will require 1 to 2 cres of area. Our calculations show that this pond can be about the same size and serve to also hold runoff from subwatersheds 6A-7 and 6A-8 as well. This should be considered when a development plan is reviewed for the site, and would not necessarily result in added cost to the city, depending on details of the development agreement. I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. 0(?�AA�t'4__� • Dennis E. Palmer May 14, 1996 Registration No. 9632 2327467\37777-1 29TH-AVE NE 0 0 'Z CID p PQ0 0 ❑ CD MURRAY ❑ F, Ej C D ❑ 2.v 1w 1> 0 0 00 0 o Cb a 0 Q1. 0 D" _0 -:�- o X7 _;;i 0 T O PROPOSED RELIEF q Wit-, STORM SEWER:]�Uj ST Raw", _7- . ANTHONY ARq —, -T C C) t�3 ED 0 "18 A 0 ti .9.w 1z C3 CID Jo 0 —Cj- C1 —ff—o 411 CD o H 4l R.. C3 0 0 N ❑ 92 9. J. 01 0,J 0 0 C3 . .......... 0 Co z It ' �-APPNOXIMATE'C� �.§TORMWAT fLOOD LEVE , APPROXIMATE -- 1 f ', I NORMAL LEVEL + r Itet Figure 1 0 200 400 RELIEF SYSTEM FEATURES I I - Scale in Feet Table 1 Order-of-Magnitude Cost Estimate Partial Implementation of Diversion-Storage Alternative (1992 Barr Report) Unit Item Quantity Unit Cost Cost 60-inch RCP Storm Sewer 1,800 LF $125 $225,000 12-inch RCP Storm Sewer 500 LF 25 12,500 Bulkhead 21-inch RCP 1 Each 1,000 1,000 Removals, demolition 1 LS 8,000 8,000 Manholes, Catch Basins 20 Each 2,000 40,000 Special Structure 1 Each 4,000 4,000 Street Restoration 2,300 SY 13 29,900 Other Restoration 8 Acres 1,000 8,000 Pond Excavation 32,300 CY 9 290,700 Subtotal $ 619,100 20% Contingency 123,800 15% Engineering 92,900 Land and Right-of-way 650,000 Total Estimated Cost $1,485,800 • 2327467\37777-1\KMH Table 2 Estimated Reduction In Damages • Partial Implementation of Diversion-Storage Alternative (1992 Barr Report) Existing Conditions Partial Implementation Estimated Number of Structures' Homes Zero to one foot inundation 12 9 One foot to two feet inundation 6 6 Outbuildings Zero to one foot inundation 16 16 One foot to two feet inundation 8 8 Estimated Damage to Structures from Design Storm Event2 Homes Zero to one foot inundation $483,000 $128,000 One foot to two feet inundation 330,000 242,000 Outbuildings Zero to one foot inundation 18,000 7,000 One foot to two feet inundation 12,000 9,000 Subtotal $843,000 $386,000 Estimated Reduction in Damages $457,000 • ' Approximate number of structures based on two foot interval contour mapping. 2 Damages based on assumed value for homes($175,000),outbuildings ($5,000),and contents($25,000),and using Table 1 of the 1992 Barr report. 2327467\37777-1\KMH { / • More thoughts the new law,Minnesota cities now have the city notifies the applicant within 10 60 days to make three kinds of deci- business days after receiving the on the new 60- sions:zoning,septic system and MUSA application, and only if the rejection is line decisions. (The MUSA line is the based on the applicant's failure to day it metropolitan urban service area comply with pre-existing city require- boundary in the seven-county metro- merits.An applicant may waive the new politan area. Property within this area time limits. KAREN COLE is served by metropolitan sewage To comply with the new statute,cities treatment facilities.)Cities may extend must not only take action within the the 60-day period for an additional 60 time limit, they must also not the A quick review of the days if they give written notice of the applicant within the time limit. If a city basics extension and the reason for it before denies an application, it must give By now,most cities are aware that a the initial 60-day period expires. If the written reasons for its decision"at the new state statute adopted last year- proposer's application is incomplete, time it denies the request."It is likely Minn.Stat. § 15.99-sets a time limit the city may reject the application and sufficient if the city provides formal for certain land use decisions.Under restart the 60-day time clock but only if written notice after the meeting at { Five:.questions cities should consider; .: :. i Cities should ask themselves a the League research staff or from the. information needs.A written`applica number of key' to make author " ` : tion form or checklist thaf represents sure they can comply with Minn Scat:.:2. How broadly will the city : city policy is sufficient. ' § 15.99: :;. - interpret:thed-scope of the law? The city may wish to be expansive 1. Should the c tymodify its ';' The scope of Minn.Rat:§ 15.99 is in defining its information require- >? , procedures? .'.: - not completely clear.While it is,clear ments. It is always possible-for the ` # Cities should evaluate their that the taw applies to certain = city to waive a requirement not procedures so they will comply'with ; applications such as rezonings, needed for a particular project.The the new time limits. It maybe helpful variances,-and conditional use city may not, however, restart the to map out a typical timeline for the permits,there"is room for some time clock by imposing new require- processing of an.application so that disagreement.when it comes to some ments that may be appropriate for a processing of the application fits other approvals like preliminary plat particular application but which were F within the new deadlines. Modifica and comprehensive plan approvals.A not "previously adopted." ... ' f, tions may be necessary. For example, : city that wants to be conservative In defining information require- ' a city that presently requires two or should interpret the'law expansively ments,the`city should review applica- three hearings for rezonings may' ao apply to all of these approvals =- tions that been rece'ived,over, i want to consider eliminatin 'onelof until the L•e islature or the:courts g, g � perhaps,the last five years;,Were the hearings: 'y address these amb%guities there instances where additional { Requiring a.preappl{cat{on,meet : 3.'What information will be' information was needed oc.requested ing with staff as a'requirement for a ;reequired for each'kind of affected . by the city?The city may also wish to complete application is another application?. ?':_ :take into account the impact of _ procedural change.cities may w' to = Cities may restart,the time dock project location, scale and design on consider:Such a meeting gives c{t{es within 10 business`days of a written information needs. Forexample, it i the opportun_ ityto ensure that request if an appl{cationdoes not may be appropriate to require more applications are complete and to contain "all information required by - -"or different information for.°applica ' waive application requirements that law or by a previously adopted rule tions in particular'parts of the city may not be necessary fora particular ordinance or_policy." (Emphasis,,, that involve wetlands, lakeshore or proposal.- = added.)The city may always:request . more densely developed areas. In addition, cities should also put' additional,mformetion'from the Siirtilarly,'more information;may be _fir procedures in' lace'for monitorin a I{cant once the 10-da eriod has = needed for larger ro ects._ , P P 9 PP. - y P 9 P 1 the deadlines,.so that deadlines are passed if,'for example, newissuei: ,;The'citymay wish to"require a pre r not missed inadvertently.`A log ..:arise..Once the"10-day-period passes;• application meeting with the city's should be prepared that flags the key howeyer,`the city may not restart the .:staff as a prerequisite fora'corrtplete deadlines for each application, 'statutory time clock.Cities should,. application.This will enabl'e'the city =� including the.l0-day deadline for ;_ therefore, carefull y'specify in writing to work'with'the applicant to ensure specifying additional information and all information required for each .' that all needed information is the deadlinefor city approval or;`. '-kind of application.The city need not submitted.This pre-application denial.A sample log is available from enact an ordinance specifying its -..meeting also gives the city the i which action is taken. Cities should What about other state the environmental review requirements always be certain, though, that notice is or federal requirements? that are set by state law. given within the time limit set by the How do these basic requirements Understanding these environmental new statute.Many cities take prelimi- under the new statute apply when a requirements requires us to wade into nary action at one meeting, and proposal requires the approval of other the alphabet soup of state statutes and formally approve reasons for their government bodies or when environ- rules addressing the Environmental decision at a subsequent meeting.This mental statutes apply?The new statute Quality Board(EQB), Environmental approach is probably acceptable as answers some of these questions and Impact Statements (EISs) and Environ- long as the final approval and notifica- raises some doubts about others. mental Assessment Worksheets tion occurs within a reasonable period (EAWs). Under the state Environmen- and before the time limit set by the What about 'al Policy Act(Minn. Stat. Ch. 116D) new statute. environmental review? and rules that were adopted by the The penalty for failing to meet the What if state law requires the EQB,government bodies must prepare new time limits is harsh:automatic preparation of environmental docu- environmental documents under approval of the application. It is ments?The new statute provides that certain conditions.Two different kinds important for all cities to understand the time limits are extended if a state of environmental documents maybe how the new statute works to avoid statute requires a"process"to occur required:EISs or EAWs.Environmental inadvertent approval of land use before the city acts on the application Impact Statements are full evaluations applications.The basic requirements of when that"process"will make it of the environmental effects of a I the new statute are discussed in greater impossible for the city to act within 60 proposal and of alternatives to it.The detail in the April 1996 issue of days.The statute's use of the word purpose of the EIS under state law is to Minnesota Cities magazine. "process"is undoubtedly a reference to help determine whether or not a opportunity to waive information S.What steps will the city take to need not be elaborate to be"-';-' , requirements not needed for a ensure that the record is.com effective. �� particular application. plete? On judicial review, a court mays P 4. What grounds should the city If the standards'set out by"the;"--. inquire whether any record evidence . use for extensions? Supreme Court in the case of supported the city's decision. -If ftie„_'The new law allows a city to Swanson v- City of Bloomington 421, only record evidence was generated . extend the 60-day time limit for a_ N.W.2d 307 (Minn.'19.88)' are met,: by the applicant,the answer to that period up to an additional 60 days if .r:rm _ judicial review of.the city's`decision question may�well be "no." Eyen,; the city gives a written notice before - will be confined to the record that'- simple and inexpensive stafflanalyses the initial 60 days run that notifies :- was developed before the city are better than no city analysis and the applicant of two things:the Because the'timetable'unde'r the new may provide a"sufficient basis for the reason for the extension and the statute will be more compressed,the city's decision..: .. •`..- length of the extension.The fad that city must.give.early thought to Endnote h the city must specify a reason sug- identifying and documenting any gests that a blanket extension would concerns raised by the project. If it 1. Under the Swanson case,the me ' not pass muster.A blanket extension does'not do so,the statutory time; courts limit their review that is equally applicable to all cities period,may slip by and the.record dente that was presented and to all applications would "swal- before the tit ma be confinedfo`' : pp Y Y city and do not consider new . low" the general statutory 60-day material developed and presented_by evidence if two requirement s:a re _ rule, and would ignore the require the'applicant, even if real concerns met. First,=a complete record must F ment that a reason be provided for are posed bythe`proposal. In_that;: be available.showing what trKi city . the extension. -case, a city`s decision to deriy a `considered, including tapes o�, ; What constitutes sufficient proposal would likely not survive. transcripts of'planning commission grounds for an extension?The need review.by the courts: ;f and city council proceedings to collect further'information'on an-, T0`make'sure that the record is:;_> Second,the city's consideratiorF,-,_. application or to.conduct further balanced and that the city is not- must have been :'full and fair-� analysis because of its'size or tom boxed into approvals,the city should '.. The Swanson decision plexity, or because of the sensitivity systemize a way to identify concerns that standard is met where;ifie of the affected area, are solid ` - with a proposal and to develo P P P.'.�;�: :� property owner has been�giyer}; _ grounds for an extension. Grounds = record evidence documenting'.th6se sufficient_opportunity to present., for an extension could also include _ concerns where appropriate.-A_good relevant material to the city; M. circumstances that distinguish one time for staff to identify the need for has been given the opportunity to` - city from cities in general.The - any record evidence would be at or answer questions and react&16e argument could be made that, while following an pre-application "`' g 9 Y P PP testimony of other participants:,,- the 60-day limit was intended to. meeting with staff, or during the .These two standards are explained apply to cities in general, it was not initial 10-day period for evaluation of more fully by the court in the r Swanson decision. t intended to apply to a articular city applications.An staff analysis o or under specific circumstances. other analysis generated by-the city = : : .. . ..._ .. .__._-----•-- -- -,. . . ._.. . . .._ ._ ._ ._ _.,_Fig:=;:._.. .- i _ proposal should be approved,and the status of the city's comprehensive more citizens is received and if the whether changes or modifications plan.Similarly,a city must prepare an proposed project"may have the should be required.The Environmen- EAW for construction of 20 or more potential for significant environmental tal Assessment Worksheet,on the other residences in a shoreland and flood effects."Even though these EAWs are hand, is a six page checklist.intended plain area if the city has not adopted labeled"discretionary," their prepara- to quickly analyze some of the impor- certain state-required ordinances or tion is required when certain tests are tant environmental impacts of a plans.Other requirements of the rules met.The preparation of a discretionary ` proposal.One of the purposes of an require the mandatory preparation of EANV suspends the 60-day time limit for EAW is to determine whether the an EAW for other kinds of projects. city action under Minn.Stat. § 13.99. preparation of a more elaborate and When a mandatory EAW must be Thus, the 60-day period for city action time-consuming EIS is warranted.An prepared and the EAW cannot be under the new statute is suspended if EAW may also help identify environ- completed within the 60-day time limit an EAW is required,either because the mental problems that may be ad- set by Minn.Stat.§ 15.99,subdivision proposal falls within a mandatory dressed in evaluating whether or not a 3(d)of the new statute clearly applies category or because the city determines proposal should.be approved. and the 60-day time limit is suspended. (either on its own or in response to a EAWs are required under several In that case, the city's deadline for citizen petition) that the proposal "may ° circumstances.First,some projects fall acting on the permit application is have the potential for significant within"mandatory categories"for EAW extended until 60 days after comple- environmental effects." preparation that are defined by state tion of the environmental review Cities have considerable leeway in rules.State rules governing the process. deciding whether the potential for preparation of EAWs and EISs are In addition to mandatory EAWs,cities environmental effects justifies the t found at Minn.Rule.Ch.4410.For may also require discretionary EAWs. preparation of a discretionary EAW. example,mandatory preparation of an State rules require that a discretionary Cities should be careful,however, to t EAW is required for the construction of EAW shall be prepared when a city avoid using the EAW process in the 100 new homes in a city if a compre- determines,either on its own initiative absence of any real concern about hensive plan that meets certain or in response to a citizen petition, that environmental effects simply to buy requirements has not been adopted. a project"may have the potential for more time for city action under the Greater or lower thresholds for EAW significant environmental effects."The new 60-day statute.This approach preparation may apply under the rules EQB's rules provide that the local unit could be viewed as a misuse of the state depending on the location of the of government must order the prepara- environmental requirements and could proposed residential development,and tion of an EAW if a petition from 25 or be the basis for a court challenge. In . 1 1 1 1 r CELEBRATING OUR 25TH YEAR, PROVIDING MINNESOTA WITH ' THE BEST PRODUCTS AND SERVICESI ♦PARK AND PLAYGROUND EQUIPMENT 1 ♦SITE FURNISHINGS ♦TRAFFIC SIGNS ♦TRAFFIC CONTROL PRODUCTS ♦CONSULTING AND PROJECT PLANNING Whatever the job—athletic fields, x ♦INSTALLATIONS golf courses, schoolyards, roadside mixes to D.O.T. specs—Peterson AND MUCH MOREL Seed Company can help you choose ;� z C►' CALL TODAY FOR ADDITIONAL INFORMATION the right seeding mixture.We'll also provide expert advice For any projects PETERSON SEED CQ EARL F.ANDERSEN,INC. that involve seeding.Call today,and Helping+our seed business grow. M9808 JAMES CIRCLE ask us for your free seed guide. BLOOMINGTON, MN 55431 p1999 P,.no S,,d fom, rf-1. [ 612-884-7300 MN WATTS: 1-800-882-8028 33 _ITIES/MAY '197 general,however,state requirements local approvals for the location of a I for environmental review provide an proposal be granted before state I appropriate"escape hatch"from the approvals for design details are 60-day limit that is available if a considered. j proposal"may have the potential for To play it safe and to avoid any significant environmental effects." automatic approvals under the new statute,cities should live within the new What if state or federal time limits for all applicable city • approvals are required? approvals,whether or not state or Sometimes a proposed development federal approvals are also required.It 4d requires state or federal approvals in will be the rare case-if there are any at ' addition to city action. How does the all-where a state or federal approval new statute apply then?One provision must come first.If a city believes it is j of the new statute provides that the 60- confronted with such a case, it should I day time limit for city action is ex- not rely on subdivision 3(e) to delay tended if an application submitted to a city action on a proposal without first city requires the prior approval of a consulting the city's attorney. state or federal agency.In that case, the Questions about how the new law • liulak city's deadline for acting on the applies will continue to arise and be application is extended until 60 days resolved as cities acquire more expert- mom signs after the required prior approval is ence under the new law.Cities with Cc to granted. questions about how the law applies in When does this provision give cities a particular case should contact their extra time to act?The statute can be city attorney,the League research staff read in two different ways.Under one or the author. t i reading,cities may wait until after all state or federal approvals are granted. For a copy of this article that includes The better and safer view,however,is legal cites,please contact League of that the escape valve provided by this Minnesota Cities,Communications Team, provision applies only in cases where (612)281-1200 or(800)925-1122. h something about the state or federal permit requirements requires that such a Karen Cole is an attorney at Popham permit be granted before local approv- Haik Schnobrich&Kaufman who t of Llle OrUlll als are given.In conversations with practices in the areas of public sector V U •• state and federal agency staff,we have and commercial representation,with a been unable to identify any state or focus on land use disputes.Karen may For Performance and federal approvals that meet this test.In be reached at(612)3342501,or via ; fact,state agencies may prefer that the Internet at ColeK @popham.com. Flexibility i We just released our new PACE i' software modules for muncipalities and utililities,a new generation of MUNICIPAL & RECYCLING CLIP ART inte�atedsoftware unegualledfor Are your publications saddled with generic, managing inforniation. Out-of-the- Are Dynamic Arts ordinary features include fourth�- ordinary clip art? Finally, clip art specifically m7 designed for your publishing arena! eration technology,instant inquiry, quick jump flexibility...and more! • Developed by municipal experts for all municipal departments For PACE-setting performance in © p • Unique,original graphic images software,call toll-free 1$00-643-8831. • Professionally drawn Line Art • High resolution,PCX images,IBM compatible • Over 80 images per disk Disk Price Send check to: Recycling $20.00 Dynamic Arts your , R 320 E.Maple#223 PublIcatlon Municipal $20.00 j Birmingham.MI .�, �� Precision Computer Systems � Demo Disk 10 Images 48009 Rt 4501 S.Technology Drive Free Brochure • �.�`t4 � Sioux Falls, SD 57106 Recycling $5.00 call(810)642-8489 �� \`� I 605-362-1260 Municipal $5.00 or contact us at Before... 800-643-8831 Dynarts 0 aol.com AtTERI I 0.1 I MINNESOTA CITIES/ MAY 1996 33 • STAFF REPORT DATE: May 17, 1996 . TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: LEASES WITH AGA KHAN AND MINNESOTA SWIM •' The current leases with the above two organizations-expire July 3.1, 1996. They are both in the process of securing other space. Both have indicated to me that they will not be ready to move by July 31st. The attached resolutions allows them to continue-to lease their spaces on a month-to-month basis under the same terms of the existing leases until December 31, 1996. RECOMMENDATION Recommend approval of both resolutions at the following rents: Minnesota Swim $452.00 per month Aga Khan $1,102.50 per month CITY OF ST. ANTHONY RESOLUTION 96-040 A RESOLUTION ALLOWING AGA KHAN CULTURAL CENTER TO CONTINUE TO LEASE SPACE AT THE EXISTING ST. ANTHONY VILLAGE COMMUNITY CENTER ON A MONTH-TO-MONTH BASIS WHEREAS, Aga Khan and the City Council of the City of St. Anthony desire to enter into a lease agreement whereby Aga Khan Cultural Center will continue to lease space in the existing St. Anthony Village Community Center from the City on a month-to-month basis until December 31, 1996; and WHEREAS, rental fee for said leased space will be $1,102.50 per month; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves continuing to lease space at the existing St. Anthony Village Community Center, under the above stated terms, to Aga Khan Cultural Center. Adopted this day of , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • CITY OF ST. ANTHONY RESOLUTION 96-041 A RESOLUTION ALLOWING MINNESOTA SWIMMING TO CONTINUE TO LEASE SPACE AT THE EXISTING ST. ANTHONY VILLAGE COMMUNITY CENTER ON A MONTH-TO-MONTH BASIS WHEREAS, Minnesota Swimming and the City Council of the City of St. Anthony desire to enter into a lease agreement whereby Minnesota Swimming will continue to lease space in the existing St. Anthony Village Community Center from the City on a month-to-month basis until December 31, 1996; and WHEREAS, rental fee for said leased space will be $452.00 per month; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves continuing to lease space at the existing St. Anthony Village Community Center, under the above stated terms, to Minnesota Swimming. Adopted this day of , 1996. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • MEMORANDUM DATE: May 9, 1996 TO: Michael Mornson, City Manager FROM: Connie Kroeplin, City Clerk ITEM: SIGN ORDINANCE, CHANGES FOR POLITICAL SIGNAGE This year there will be a state primary election in September and a Presidential general election in November. I reviewed the sign ordinance relating to political signage and found it contains some outdated language. The changes are: • 1. Added that City elections are held in odd numbered years; 2. Added that School Board elections are held in odd numbered years; and 3. Deleted when School Board elections were held in the past. 1400.08 Political Signs. All political signs of any size may be posted from August 1 in a State general election year until 10 days following the State general election. tea-Farsa City ge a al election,which s_the fast Tuesday after-the first Monday in Novem e""f odd numbered years;-year, all political signs of any size may be posted four weeks prior to a City election until five days following the City election] ln-an F6FT41ndependent School District Number 282'g eial election,-whi h is the h t Tuesday after t e;.fustlVlo d 1n Novemr e of odd,numbered years yeah all political signs of any size may be posted four weeks prior to a school election until five days following the election,w =mss the ditird Tuesday in May—. Political signs are not allowed within fifteen feet from the curb. RECOMMENDATION Recommend Council approval of the attached ordinance 1996-003. • • CITY OF ST. ANTHONY ORDINANCE 1996-003 AN ORDINANCE RELATING TO POLITICAL SIGNS, AMENDING SECTION 1400:08 OF THE ST. ANTHONY 1993 CODE OF ORDINACNES The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1400:08 shall be amended to read as follows: Section 1400.08 Political Signs. All political signs of any size may be posted from August 1 in a State General election year until 10 days following the State general election. For a City General election, which is the first Tuesday after the first Monday in November of odd numbered years, all political signs of any size may be posted four weeks prior to a City election until five days following the City election. For an • Independent School District Number 282 general election, which is the first Tuesday after the first Monday in November of odd numbered years, all political signs of any size may be posted four weeks prior to a school election until five days following the election. Political signs are.not allowed within fifteen feet from the curb. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: May 28, 1996 Second Reading: Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of , 1996. • CITY OF ST. ANTHONY ORDINANCE 1996-002 AN ORDINANCE RELATING TO EMPLOYEES' DONATION OF SICK LEAVE TIME, AMENDING SECTION 300.10 OF THE 1993 ST. ANTHONY CODE OF ORDINANCES BY ADDING SUBD. 9, The City Council of the City of St. Anthony hereby ordains: Section 1. Section 300.10 of the 1993 St. Anthony Code of Ordinances shall be amended by adding the following: Subd. 9. Donation of Sick Leave to Employees with Serious Medical Problems Employees may voluntarily donate sick leave time in hour increments, which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated leave time available, i.e., vacation, sick, or compensatory time. The use of this donated sick leave must be • approved by the Department Head and the City Manager and will be converted to the _ receiving employee's paid hourly rate. This subdivision does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. Section 2. This ordinance shall be in effect as of the date of its publication. First Reading: April 23, 1-996 Second Reading May 14, 1996 Adoption: May 28, 1996 Mayor ATTEST: Published in the St. Anthony Bulletin on the day of , 1996 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA May 28, 1996 I. CALL TO ORDER. II. ROLL CALL. • III. APPROVAL OF MAY 28, 1996 H.R.A. AGENDA. IV. APPROVAL OF MAY 14, 1996 H.R.A. MINUTES. V. CLAIMS. A. Institute for Environmental Assessment - $968.00. B. Dorsey & Whitney - $8,921 .29. VI. H.R.A. PURCHASE OF 2538 KENZIE TERRACE (Resolution H.R.A. 1996- 003). VII. OTHER BUSINESS. VIII. ADJOURNMENT. • I CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES MAY 14, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 8:26 P.M. 6 II. ROLL CALL. 7 Commissioners Present: Vice Chair Enrooth, Secretary Marks, Commissioners Wagner 8 and Faust. 9 Also Present: Executive Director Michael Mornson. 10 Absent: Chair Ranallo. 11 III. APPROVAL OF MAY 14, 1996 HRA AGENDA. 12 Motion by Marks, second by Faust to approve the May 14, 1996 HRA Agenda as 13 presented. 14 15 Motion carried unanimously. 16 IV. APPROVAL OF APRIL 23, 1996 HRA MINUTES. 17 Motion by Marks, second by Wagner to approve the April 23, 1996 HRA minutes as • presented. 19 Motion carried unanimously. 20 V. PRESENTATION OF CLAIMS. 21 Motion by Marks to approve the following claims: 22 A. American Engineering Testing,estin'g Inc. in the amount of$2,207.00 for project testing 23 service at City Hall/Community Center through April 15, 1996. 24 B. Gratis Construction in the amount of$180,379.35 for pay application#4 for St. 25 Anthony City Hall and Community Center. 26 C. Williams/O'Brien. Inc. In the amount of$2,000.00 for architectural services 27 rendered March 27 through April 26, 1996. 28 D.' Sprin,gsted Inc. in the amount of$10,270.96 for financial advisory services 29 performed from July 1, 1995 through April 19, 1996. 30 E. Dorsey & Whitney in the amount of$6,675.58 for legal services rendered through 31 March 31, 1996 regarding the Apache Plaza Project. 32 F. Stuart J. Bonniwell in the amount of$1,500.00 for progress billing in connection 33 with the audit and preparation of financial report of the Housing and 34 Redevelopment Authority of St. Anthony-for the year ended December 31, 1995. 35 G. Dorsey & Whitney in the amount of$840.00 for legal services rendered through March 31, 1996 for the Chandler Property. Housing and Redevelopment Authority Meeting Minutes May 14, 1996 Page 2 1 Executive Director Mornson noted Item G. Dorsey & Whitney in the amount of$840.00 2 should be deleted from the agenda. This amount should be billed directly to Chandler 3 Place as the cost was incurred to refund bonds. 4 The motion on the floor died for lack of a second. 5 Motion by Marks, second by Enrooth to approve claims A. through F. as submitted. 6 7 Motion carried unanimously. 8 VI. OTHER BUSINESS. 9 Mornson reported the document for closing of conduit bonds had been received from 10 Chandler Place. They are planning to close May 22, 1996, and the St. Anthony HRA will 11 then receive a check in the amount of$600,000.00. When the proposed expansion 12 occurs, the HRA will forward them a check in the amount of$100,000.00 to help fund 13 the expansion. 14 15 VII. ADJOURNMENT. 16 Motion by Marks, second by Wagner to adjourn the meeting at 8:30 P.M. 17 Motion carried unanimously. • 18 Respectfully submitted, 19 Lorri Kopischke 20 TimeSaver Off Site Secretarial 21 22 Mayor 23 ATTEST: 24 City Clerk • INSTITUTE INSTITUTE FOR ENVIRONMENTAL ASSESSMENT, INC. 7101 Northland Circle Brooklyn Park,Minnesota 55428 (612) 535-7721 �r ENVIRONMENTAL ASSESSMENT - City of St Anthony May 15, 1996 3301 Silver Lake Road St Anthony, MN 55418-1699 002755/0102 ATTN: Mike Morinson Invoice: 38456 RE: Community Center Asbestos .Inspection BILLING FOR THE PERIOD ENDING 04/30/1996 For ;Professional Services Rendered: Project Coordination, Site Inspection, Project Management, Clerical $ 568.00 30 PLM Samples 400 .00 $968.00 Terms • Net 30 Days • 1.5% Monthly Interest Please Return 1 Copy DORS EY & WHITNEY L L P P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612)340-2600 (fax Identification No.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota May 15, 1996 Attn: Mr. Michael J. Mornson Invoice No. 488962 3301 Silver Lake Road St . Anthony MN 55418 For Legal Services Rendered Through 04/30/96 . Client-Matter No: 178820-00098 Apache Plaza Project Telephone conference with M. Mornson and B. • Thistle regarding TIF shortfall; telephone conference with B. Thistle regarding TIF cash flows; research TIF law; prepare resolutions; telephone conference with M. Mornson and various parties regarding proposal; prepare resolutions and memorandum for April 9 City Council meeting; telephone conference with various parties; conference call from Chicago with participants of meeting at St . Anthony City Hall; telephone conference with M. Mornson; attend city council meeting; telephone conference with M. Mornson; review tax increment cash flows; telephone conference with B. Parks and M. Mornson; review changes * requested to redevelopment agreement by SUPERVALU; revise SUPERVALU redevelopment agreement; telephone conference with B. Thistle; telephone conferences with B. Parks, M. Mornson; revise redevelopment agreement with SUPERVALU; conference at City Hall with Ste . Marie Company representatives,; revise documents; draft resolutions of HRA and City Council; draft memorandum; telephone conference • Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORS EY & WHITNEY L L P P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (Tax Identification No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota May 15, 1996 Client-Matter No: 178820-00098 Page 2 Invoice No: 488962 with M. Mornson; telephone conference. with B. Parks; revise documents; draft Ste. Marie assessment agreement; review stormwater maintenance and easement agreement; telephone conference with D. Greening regarding same; review plat regarding same; telephone conference with M. Mornson; telephone conference with M. Mornson regarding comments on stormwater agreement; telephone conference with D. Greening regarding same; prepare for and attend City Council meeting; telephone conference with various parties; revise documents; telephone conference with J. Gilligan regarding TIF approvals; review and • revise stormwater maintenance agreement; telephone conferences with M. Ippel and M. Mornson; revise resolution; telephone conferences with D. Greening regarding stormwater maintenance agreement, reciprocal easement agreement and plat; telephone conference with M. Mornson regarding same; telephone conference with M. Mornson; telephone conference with B. Parks, telephone conference with D. Greening; deliver documents for execution; telephone conference with M. Ippel regarding Ste . Marie Company assessment agreement; telephone conference with M. Mornson; telephone conference with M. Mornson regarding status of Ste. Marie assessment agreement. Total for Legal Fees $8, 650 . 00 Disbursements and Service Charges Messenger Charges 55 . 50 Fax Charges 11 . 00 • Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY LLP P.O.BOX 1680 MINNEAPOLIS,MINNESOTA 55480-1680 (612) 340-2600 (raxIdentifcation No.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES City of St . Anthony, Minnesota May 15, 1996 Client-Matter No: 178820-00098 Page 3 Invoice No: 488962 Postage Charges 2 . 39 Photocopy Charges 202 .40 Total for Disbursements and Service Charges $271 . 29 Total This Invoice $8, 921 . 29 • • Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT • MEMORANDUM DATE: May 20, 1996 TO: Chair & Commissioners, HRA FROM: Michael Mornson, City Manager ITEM: KENZIE TERRACE AND LOWRY AVENUE NE REDEVELOPMENT PROJECT • In 1995,*the City amended their redevelopment plan to redevelop ten residential P P P properties along Kenzie Terrace and Lowry Avenue NE. 2538 Kenzie Terrace is for sale (the Lundeen house, which is one of the ten properties). The City set aside $500,000 for the purchase and demolition of the property. The resolution proposes to purchase 2538 Kenzie Terrace for $70,000.00. This is the assessor's estimated market value for 1997 minus $1,000.00 for closing costs. The resolution authorizes the City to purchase the property by entering into a purchase agreement with the Lundeen family. I met with representatives of the family and they have agreed to sell to the City. Closing would occur on or before September 30, 1996. After the City takes ownership, we would then demolish the property. We would buy the additional properties as they become available. • • CITY OF ST. ANTHONY H.R.A. RESOLUTION 1996-003 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY KNOWN AS 2538 KENZIE TERRACE WHEREAS, on June 27, 1996, the St. Anthony City Council and Housing and Redevelopment Authority approved the redevelopment and tax increment financing amendment for property located along Kenzie Terrace and Lowry Avenue N. NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Housing and Redevelopment Authority hereby approves the purchase of the property known as 2538 Kenzie Terrace and to enter into a purchase agreement for said property. Adopted this day of , 1996. • Chair Secretary Reviewed for administration: Executive Director • DORS EY & WHITNEY L L P • MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE .. BP.USSELS TELEPHONE: (612) 340-2600 HONG KONG FAX: (612) 340-2868 FARGO DES MOINES BILLINGS JAMES E. SCHMECKPEPER ROCHESTER (612)343-7995 MISSOULA COSTA MESA GREAT FALLS May 8, 1996 Mr. Michael Mornson City Of St. Anthony 3301 Silver Lake.Road St. Anthony, MN 55418 Re: Forms and Procedures for HRA Acquisition of Residential Property Dear Mike: Pursuant to your request, I have prepared a form of Purchase Agreement • which can be used in connection with the HRA's acquisition of residential properties. The enclosed form would need to be completed for any specific transaction by inserting into the Agreement the following information: 1. Section 1: The date of the Agreement and the names of the Seller(s). 2. Section 2: The legal description and address of the property. 3. Section 3: The purchase price and the cash portion thereof to be paid at closing, and the date of closing. 4. Section 11: The disclosure of any environmental problems by the Seller(s). 5. Signature of the HRA and Seller(s). When the terms of the Agreement have been finalized and a Purchase Agreement prepared, the HRA should sign the Agreement and deliver it to the Seller along with a check in the amount of the earnest money. Seller should then be asked to sign and return a fully executed copy to the HRA. Ideally, the earnest money should be held by an independent third party. In- these circumstances, if the HRA intends to obtain an Owner's Policy of Title DORSEY & WHITNEY LLP • Mr. Michael Mornson May 8, 1996 Page 2 Insurance, I would suggest the title insurance company be asked to hold the earnest money pending closing. If the earnest money is paid directly to the Sellers, the HRA would be at risk in obtaining the return of the earnest money in the event the Agreement was cancelled or the closing did not occur under circumstances which would entitle the HRA to a return of the earnest money. Following full execution of the Purchase Agreement, the following steps should be taken in order to proceed to closing: 1. In accordance with Section 7 of the Purchase Agreement, the Seller should provide the HRA with the Abstract of Title for the property; 2. The Abstract of Title should be submitted to a title insurance company to either be updated or to be reviewed by the title insurance company in order to issue a Commitment for an Owner's Title Insurance Policy for the HRA; 3. Upon issuance of the updated Abstract or the Title Insurance • P Commitment, I should review either of these in order to determine whether or not any objections to title need to be made. The procedure for objecting to title and curing any title objections set forth in the Purchase Agreement would need to be followed at this point. 4. If no objections to title are made, or if all objections are cured, the matter can proceed to close. Assuming the matter has proceeded to the point where it is in a position to close, the following procedures and documents will be necessary: 1. The closing documents need to be prepared d. These documents include: i Warranty Deed (ii) Affidavit; (iii) Certificate of Real Estate Value; (iv) Designation Agreement (copies of these documents are enclosed herein). The Designation Agreement is necessary if the closing is to occur anywhere other than-at a title insurance company. The form should specify that the Seller is the "Reporting Person for purposes of complying with the IRS reporting requirements. If the closing occurs at a title insurance company, the title insurance company will perform this function.. If there is a well on the property, the Seller must complete, sign and deliver to the HRA a Well Certificate (form enclosed). The Well Certificate must be filed along with the Warranty Deed. If there are no wells on the Property, is DORSEY & WHITNEY LLP Mr. Michael Mornson May 8, 1996 Page 3 the following language must appear on the face of the Deed, "Seller certifies that Seller knows of no wells on the above-described property." 2. If the-property involved is torrens or registered property, at the time of closing the Sellers must also deliver to the HRA their Owner's Duplicate Certificate of Title, and the HRA must execute an Affidavit of Purchaser of Registered Land. .... 3. If the HRA is purchasing an Owner's Policy of Title Insurance, the closing should occur at the title insurance company to enable the company to provide insurance to the HRA as of the date of the recording of the Deed and to enable the title insurance company to control disbursement of funds for payment of any existing mortgages, liens or claims, taxes, assessments or other matters which . . need to be addressed at the closing. 4. Upon delivery of all of the necessary documents and.payment of all the required funds, the Deed will need to be recorded with the Hennepin County Recorder or Registrar of Titles to put the HRA into title. I would recommend that the HRA purchase a policy of title insurance for each of the properties to be acquired and to coordinate each closing through that title insurance company. The title insurance company would greatly facilitate the examination of title, issuance of title insurance at the time of closing, and the disbursal of money. The title insurance company's costs for issuing the 'Commitment would be the obligation of the Seller in each transaction, while the HRA would be responsible for paying the premium for actually purchasing the insurance. After you have reviewed this letter and the. documents enclosed, please contact me if you would like to discuss these matters further. We, of course, are eager to assist you in completing each transaction. Sincerely, James E. Schmec ep JES/jkk • Enclosure cc: William R. Soth PURCHASE AGREEMENT 91. PARTIES. This Purchase Agreement is made on MAY 28 , 199 6 by and between NANCY LEE EBNER and (See attached p. 4 for list) ("Seller") and HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic ("Buyer"). 2. OFFER/ACCEPTANCE. Buver offers to purchase, and Seller agrees to sell the real property legally described as: f See Attached Exni bi t A) , Hennepin County, Minnesota, located at 2538 Kenzie Terrace in the City of St. Anthony, Minnesota ("Property"). 3. PRICE AND TERMS. The price for the Property included in this sale is Seventy Thousand • Dollars ($70,000.00 ("Purchase Price") which Buyers shall pay as follows: (A) Earnest money of $500.00, receipt of which is hereby acknowledged; (B) $ 69,500.00 by certified check or wire transfer on or before Sept. 30 , 199 6 the "Date of Closing"; 4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated to the Date of Closing. SELLER SHALL PAY on Date of Closing all installments of special assessments certified •for payment with the real estate taxes due and payable in the year of closing. SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date of this agreement. SELLER SHALL PAY special assessments pending as of the date of this agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. SELLER SHALL PAY on the Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter,-the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 5. DAMAGES TO REAL PROPERTY. If the real property is damaged prior to closing, this Agreement shall NOT terminate and Seller and Buyer shall proceed to close this transaction in accordance with the terms hereof. 6. POSSESSION. Seller shall deliver possession of the Property not later than the Date of Closing. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of Date of Closing. • 7. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer with either a Registered Property Abstract or an Abstract of Title certified to a date within 30 days of the date of delivery, which includes proper searches covering bankruptcies and State and Federal judgements, liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of • the Registered Property Abstract or Abstract of Title to have either Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Commitment for Owner's Title Insurance Policy ("Commitment") and notify Seller of such application. Buyer shall have ten (10) business days after receipt of the Commitment to provide Seller with a copy of the Commitment and Buyer's written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period, except that this shall not operate as-a waiver of Seller's covenant to deliver a statutory Warranty Deed. 8. TITLE CORRECTIONS AND REMEDIES. Seller shall.have 60 days from receipt of Buyer's written title objections to make title marketable. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. Seller proceeds in good faith to make title marketable but-the 60 day period • expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyers. C. If the 60 day period expires without title being made marketable due to Seller's failure to proceed in food faith, Buyer may: 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) seek damages, costs and reasonable attorney's fees from Seller as permitted bylaw; or . (b) undertake proceedings to correct the objections to title. 2. Rescind this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyers; 3. Seek damages from Seller. -2- • D. If title is marketable, or is made marketable as provided herein, and Buyer • defaults in any of the agreements herein, Seller may, as its sole remedy, cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyers may, as permitted by law: 1. Seek damages from Seller including costs and reasonable attorney's fees; 2. Seek specific performance within six months after such right of action arises. 9. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 10. CONTINGENCIES. This Agreement and Buyer's obligations hereunder are contingent upon Buyer receiving all necessary approvals for the purchase of the Property following all required administrative notices and hearings. If any required approval is not received by Buyer, this Agreement shall be null and void, neither party shall have any further liability hereunder and all earnest money shall be returned to Buyer. 11. SELLER'S WARRANTIEES AND REPRESENTATIONS. Seller warrants that(i) there is a right of access,to the real property from a public right of way, (ii) there has • been no labor or material furnished to the property for which payment has not been made, (iii) there are no present violations of any restrictions relating to the use or improvement of the property, and (iv) Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time, except as follows: These warranties shall survive the delivery of the deed. Seller shall remove all debris and all personal property not included in this sale from the property before possession date. Buyer shall have the right to have inspections of the property conducted prior to closing. 12. COSTS. Seller will pay all costs of updating the Abstract of Title, issuing a Registered Property Abstract or issuing a Commitment for an Owner's Title Insurance Policy. Buyer will pay all premiums required for the issuance of any Title Policy. Seller and Buyer will each pay one-half of any closing fee or charge imposed by any closing agent or by the title company. Seller shall pay all State Deed Tax payable in connection with this transaction. -3- 13. WELLS AND SEPTIC SYSTEM. Seller certifies and warrants that the Seller does not know of any "Wells" on the Property within the meaning of Minn. Stat. § 103I. Seller certifies that there is no individual sewage system on or serving the Property. • SELLER BUYER HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chair By Its Executive Director LIST OF SELLERS Nancy Lee Ebner, 4011 Clover Drrive, Vadnais Heights, MN Karen J. Drews, X4519 Polk Street, Minneapolis, MN Richard V. Lundeen, 3904 Fordham Drive, St. Anthony, MN .Robert L. Lundeen, 3912 Fordham Drive, St. Anthony, MN Roger A. Lundeen, 728 - 38th Avenue NE. , Minneapolis, MN -4- • EXHIBIT A • 2538 Kenzie Terrace St. Anthony, MN 55418 COM AT A PT IN THE SELY LINE OF CO HWY NO 33 DIS 473 52&100 FT NELY. FROM ITS INTERSEC WITH THE S LINE OF NW 1&4 DIS 371,37&100 FT E FROM SW COR THEREOF TH CONT NELY 53 44&100 FT TH S 38 DEG 16 MIN 30 SECONDS E TO A PT IN A LINE PAR WITH AND 193 7&10 FT N FROM THE S LINE OF NW 1&4 TH W ALONG SAID PAR LINE 59 72&100 FT TH NWLY AT AN ANGLE TO THE RT OF 50 DEG O1 MIN A DIS OF 48 8&10 FT TH SWLY AT AN ANGLE TO THE LEFT OF 91 DEG 01 MIN A DIS OF 6 15&100 FT TH NWLY 86 3&10 FT TO BEG EX HWY • •