HomeMy WebLinkAboutCC PACKET 02061996 Meeting Sheet
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106485
Box: 37
Folder: CC PACKETS 1997
Document: CC PACKET 02061996
• CITY OF ST. ANTHONY
CITY COUNCIL WORK SESSION AGENDA
FEBRUARY 6, 1996
7:00 P.M.
COUNCIL CHAMBERS
PAGE(S)
I. CALL TO ORDER.
II. ROLL CALL.
III. PROSECUTING ATTORNEY ARRANGEMENTS WITH
CHIEF ENGSTROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 4
IV. 1995 POLICE REPORT BY CHIEF ENGSTROM . . . . . . . . . . . . . . . . . . 5 - 6
V. EXISTING POLICE CONTRACTS WITH FALCON
HEIGHTS AND LAUDERDALE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 19
VI. MPRS LAWSUIT UPDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 29
VII. CHANDLER PLACE DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . 30 - 40
VIII. COMMUNITY CENTER ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . 41 - 49
A. Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 - 58
B. Facility Use Plan (February 13th Council Meeting) . . . . . . . . 59 - 66
C. Change Order for Sewer System Work (February 13th
Council Meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 - 70
D. Other Business Relating to the Building . . . . . . . . . . . . . . . . 71 - 93
IX. APACHE PLAZA UPDATE (February 13th Council Meeting) . . . . . . 71 - 93
X. STORMWATER MANAGEMENT PLAN . . . . . . . . . . . . . . . . . . . . . 94 - 95
XI. VACANT LOT BY INDUSTRIAL CUSTOM PRODUCTS AND
OTHER MISCELLANEOUS DEVELOPMENT OPPORTUNITIES . . . . . 96 - 97
XII. LEGISLATIVE UPDATE ON TAXES AND OTHER LEGISLATIVE
ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
XI. METROPOLITAN LIVABLE COMMUNITY UPDATE . . . . . . . . . . . . 99 - 105
Council Work Session
February 6, 1996
Page 2
PAGE(S)
XII. LETTER ON CODE VIOLATIONS . . . . . . . . . . . . . . . . . . . . . . . 106 - 107
XIII. LETTER FROM NORTHWEST YOUTH AND FAMILY
SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 - 109
XIV. SCHNITZER IRON & METAL CLEAN UP SITE . . . . . . . . 110 + attachments
XV. GOAL SETTING RETREAT UPDATE. (MARCH WORK SESSION?) 1 1 1 - 121
XVI. VOLUNTEER LIST; SELECT DATE FOR DINNER . . . . . . . . . . . . 122 - 124
XVII. OTHER BUSINESS.
XVIII. ADJOURNMENT.
•
•
•
MEMORANDUM
DATE: January 26, 1996
TO: Mike Mornson, City Manager
FROM: Dick Engstrom, Chief of Police
SUBJECT: PROSECUTIONS
---------------------------------------------------------------------------------------------------
After our meeting of January 19, 1996 with Bob Foster and Steve Carlson regarding
areas of concern about current prosecuting techniques, I would recommend we
continue with the Foster, Ojile, Wentzell, and Brever firm for one additional year and
perhaps review the changes we have recommended in six months to see that things
• are going smoothly.
I plan on monitoring our cases sent over for prosecution on a monthly basis.
•
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Fosnx, OpLE, WENTZEu & BREvm, LLc
• ATTORNEYS AT LAW
Thomas E. Breuer Suite 201 Anthony Place
Joseph A. Wentzell' 2855 Anthony Lane So.
Michael E. Ojile St.Anthony,N N 55418
Robert J. Foster
Steven P. Carlson, of Counsel Telephone: (612)789-1331
Fax:(612)789-2109
January 25, 1996
Also Admitted in Tesu
Mr. Michael Mornson
City Administrator
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: Proposal for 1996-97 City Prosecution Services
Dear Mike:
Pursuant to your request following our meeting with you and Chief Engstrom on January 18,
1996, this correspondence is to serve as our proposal for continuation of city prosecution
services for the period of April 1, 1996 to March 31, 1997.
First of all, on behalf of the firm, I want to express our sincere appreciation for the
opportunity to have served as St. Anthony City Prosecutors for this past year. I also want to
personally thank the City for this same opportunity.
As a result of our most recent meeting, it is apparent that some changes or adjustments in our
services are necessary. The Council, you and Chief Engstrom and his department can be
assured that our office will make a more diligent effort to keep the city informed as to all
aspects of our prosecutorial duties. Moreover, we will make sure to keep our police officers
better informed on the progress of their cases and create a better environment for
communication between our office and the department. This past year has served as an
opportunity for us to review our procedures and practices. You can be confident that the
necessary adjustments will be made to ensure the city receives the quality prosecution
services it expects and is entitled to.
Since the beginning of the contract period our attorneys have spend a total of 307 hours in
the prosecution of St. Anthony matters. These hours do not include the considerable amount
of time support staff has also dedicated to city prosecutions. Over the course of the past nine
months and based on the current contract rate, we have calculated our effective hourly rate to
be slightly more than $70.00 per hour.
You may already be aware that our usual hourly rate for private clients is $140.00 per hour.
While we certainly do not expect the City to pay a similar rate, we would like to see an
• increase in our effective hourly rate. We believe an effect hourly rate closer to $80.00 per
hour would more accurately reflect the going rate for prosecution services in the metropolitan
area and help ensure the covering of our overhead costs associated with providing these
services. This would require increasing our contract rate to somewhere between $2,600.00 to
$2,800.00 per month.
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Michael Mornson •
January 25, 1996
Page 2
We are, therefore, requesting that our contract rate for the period of April 1, 1996 through
March 31, 1997 be increased to not less than $2,600.00 per month.
Again, we have thoroughly enjoyed our association with the City and anxiously look forward
to improving and continuing this relationship Thank you for your considerate attention.
Sincerely,incerely,
FO
NTZELL & BREVER
Seven .
Carlson
SPC:wjm
s
r
y
FOSTER; OpLE, WENTZELL & BREVER, LLC
• ATTORNEYS AT LAW
Thomas E. Brcver Suite 201 Anthony Place
Joseph A.Wentzell* 2855 Anthony Lane So.
Michael E. Ojile St.Anthony, MN 55418
Robert J. Foster
Steven P. Carlson, of Counsel Telephone:(612)789.1331
Fax: (612)789.2109
'Uso Admitted in Texas
February 1, 1995
Mr. Michael Morrison
City Manager, St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
In re: Notification of Acceptance
• Dear Mike:
This is in response to your letter of January 25, 1995 and confirms our conversations concerning
our desire as a firm to serve as Prosecuting Attorneys for St. Anthony Village for the term
commencing April 1, 1995 and terminating on March 31, 1996 at a rate of$2,400.00 per month.
Please be advised that we are pleased to accept the appointment under the terms described. We
also wish to affirm to you, Chief Engstrom, Mr. Hamer, and to the Council and Mayor, that we
are committed to offering responsive and professional service in fulfilling the appointment.
We are scheduled to meet with Chief Engstrom and Mr. Desmond on several occasions over the
next few weeks to prepare for taking on the appointment. We anticipate that Mr. Steve Carlson,
formerly City prosecutor for the City of Newport, and I, will be primarily responsible to complete
the contractual duties. Please feel free to contact me if you desire any details concerning our
commitment to the project or our preparations to complete it.
Sincerely yours,
om B ever
S
• MEMORANDUM
DATE: January 26, 1996
TO: Mike Mornson, City Manager
FROM: Dick Engstrom, Chief of Police
SUBJECT: PRELIMINARY STATUS REPORT OF POLICE ACTIVITY
---------------------------------------------------------------------------------------------------
The following are just preliminary numbers for Part I Crimes in St. Anthony for 1994
and 1995.
PART 1 Murder Rape Robbery Ag g Assault Burglary Larceny MV Theft Arson
1994 0 3 6 3 52 198 21 2
1995 0 5 7 9 82 270 30 2
+/- 0 +2 + 1 +6 _7 +30 F +72 1 +9 1 0
PART II Other Assaults Vandalism
1994 37 76
1995 25 110
+/- -12 +34
Calls for Service St. Anthony Lauderdale Falcon Hgts
1994 5276 825 ----
1995 5028 798 1306
Reports Incidents St. Anthony Lauderdale Falcon Hgts
1994 5456 ---- ----
1995 5186 1197 2253
•
These are just preliminary figures for 1995. The BCA/CJIS has not been reconciled
as yet.
Burglary is up by 30 additional over 1994 statistics due to an increase in garage
burglaries in which the auto was the target of the theft.
House burglary dropped by 5 to 25 for 1995 and 30 in 1994.
Overall car prowlers in 1995 accounted for the increase of burglary as well as
larcenies.
Police reserves worked 2813 hours in 1995. Most of the reserve hours were spent
on patrol are doing house checks, transportation details, assist to St. Anthony squads,
police impounds, and medical emergencies.
i
•
7
• JOINT POWERS AGREEMENT
FOR POLICE SERVICES
This is an agreement made between the City of St. Anthony (St.
Anthony) and the City of Lauderdale (Lauderdale) . This agreement
is made this zStb day of."�,.,—jQ+e»0.bex- , 1993 and is effective upon
January 1, 1994 .
I. PURPOSE
St. Anthony and Lauderdale have the power within their respective
cities to provided for the prevention of crime and for police
protection. Under Minnesota Statutes, Section 471. 59 , the cities
may, by agreement, provide for the exercise of the police power by
one city on behalf of the other city.
This Agreement establishes the basis upon which St. Anthony will
provide police services for Lauderdale. St. Anthony will have full
authority and responsibility to provide services in accordance with
all enabling legislation under the laws of the State of Minnesota
and the ordinances of Lauderdale. St. Anthony will provide
feedback to the Lauderdale City Administrator and City Council on
a regular and timely basis; and actively support the creation of a
committee whose members come from both communities, and whose
purpose is to review, monitor, and ensure a successful relationship
• between the two communities.
II. SERVICES
St. Anthony has agreed to provide Lauderdale with 24 hour police
service, and to physically place a certified officer within the
boundaries of Lauderdale 16 hours each day. This siandard may not
be met in those instances when an officer makes an arrest and
transports a prisoner, during mutual aid, when providing a backup
or in other similar situations. The expectation is that in normal
circumstances, St. Anthony will provide at least 16 hours police
protection presence each day within the City of Lauderdale.
Toward this end St. Anthony agrees to hire two certified police
officers by January 1, 1994 who, when on duty, shall be stationed
within Lauderdale and whose priority will be Lauderdale. St.
Anthony also agrees to purchase one new police vehicle by January
1, 1994 .
III. LEVEL OF SERVICES
During the term of this contract, St. Anthony will provide to
Lauderdale the same police service extended to persons and property
within St. Anthony, and which shall include, but not be limited to,
the services herein described:
24 hour patrol services with random patrolling of all
• residential and business areas,
1
16 hour police presence at minimum within the boundaries of .
Lauderdale,
Animal Control services as provided within the City of St.
Anthony,
Ordinance Enforcement - of all ordinances, with special
attention given to parking, winter and nuisance ordinances,
Ticketing - at a minimum, but not limited to, 2 (two) hours of
ticketing per month for traffic violations,
Crime 1prevention procrrams that encourage community involvement
�• and investment J A� Ig01-7
IV. TERMS AND COSTS OF CONTRACT
This s ve January 1, 1994 and shall continue
until December 31, n consideration of the services provided
th—s Agreement, Lauderdale shall pay the City of St. Anthony
$158, 000 in Agreement year 1994 for police services. That cost
shail increase no more than 3% each agreement year (1995 & 1996) ,
and shall be provided to the City of Lauderdale on or before
September 1 of each year.
79o" �c1 C C-2 aS
V. METHOD OF PAYMENT
St. Anthony agrees to bill Lauderdale on a monthly basis and
Lauderdale agrees to promptly remit payments to St. Anthony within
thirty (30) days.
�
VI. LIABILITY
t��C��
o� Ch }o �56ao
St. Anthony shall be res Bible.. for all liability incurred as a
result of the action of St. Anthony Police Officers under this
agreement. St. Anthony agrees to hold Lauderdale harmless for any
liability resulting from actions of a St. Anthony employee.
VII. ADMINISTRATIVE RESPONSIBILITY
The law enforcement services rendered to Lauderdale shall be under
the sole direction of St. Anthony. The standards of performance,
the hiring and discipline of officers assigned, and other matters
relating to regulations and policies shall remain within the
control of St. Anthony.
VIII. JOINT ADVISORY COMMITTEE
�'
Both cities will appoint members to joint advisory committee.
,
a , and one it
The committee shall meet at least '6 4
t-.Tft) times each year to ensure the police service contract is
meeting the expectations of both cities. Any recommendations shall
be strictly advisory.
40
2
9
IX. COMMUNICATIONS, EQUIPMENT, AND SUPPLIES
St. Anthony shall furni$h all communication equipment and any
necessary supplies required to perform the services which are to be
rendered.
X. COOPERATION AND ASSISTANCE AGREEMENTS
Lauderdale shall be included in all cooperative agreements entered
into by the St. Anthony police department with other police
services units. St. Anthony agrees that it will not enter into any
agreement for services with other communities which may adversely
impact service to Lauderdale.
XI. HEADQUARTERS
Headquarters for services rendered to Lauderdale under this
agreement shall be located at offices owned or leased by St.
Anthony, and the citizens of Lauderdale shall notify headquarters,
or Ramsey County radio dispatch for services requested either in
person or by some other means of communication.
XII. OFFICERS, EMPLOYEES OF THE CITY OF ST. ANTHONY
Officers assigned to duty in Lauderdale shall be employees of St.
Anthony; therefore, all obligations with regard to workers
compensation, PERA, withholding tax, insurance, etc. shall be the
obligation of St. Anthony. Lauderdale shall not be required to
furnish any fringe benefits or assume any other liability of
• employment to any officer assigned to duty within Lauderdale.
XIII.ENFORCEMENT POLICIES
Enforcement policies of St. Anthony shall prevail as the
enforcement policies within Lauderdale. The enforcement policies
of St. Anthony shall be provided in writing to Lauderdale before
January 1, 1994 .
XIV. ENFORCEMENT OF ORDINANCES OF THE CITY OF LAUDERDALE
St. Anthony officers assigned to duty within Lauderdale shall
enforce Lauderdale's ordinances.
XV. ALL OFFICERS TO BE OFFICERS OF ST. ANTHONY
The officers assigned duty within Lauderdale shall be provided
authority to enforce the laws of that City by proper action to be
taken by the Lauderdale City Council . The Chief of Police of St.
Anthony shall furnish the names of all St. Anthony police officers
to the Lauderdale City Administrator and all such officers shall be
appointed police officers of that city.
XVI. OFFENSES
All offenses shall be charged in accordance with Lauderdale's
ordinances when possible, otherwise, the charge shall be made in
accordance with the laws of the State of Minnesota or the laws of
the Federal Government.
•
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/D
%VII.COMMUNICATIONS •
St. Anthony agrees to provide the Lauderdale Administrator with
daily, weekly, monthly, and annual reports.
The St. Anthony police chief shall regularly communicate with the
Lauderdale administrator in order to ensure that Lauderdale is
knowledgeable about any police activity in the City quarterly by
City Council presentation.
XVIII.PROSECUTION
Lauderdale shall pay all costs of prosecution for all offenses
charged within its boundarie r under its ordinances.
XX. TERM OF CONTRACT 4 , '�(O
This contract shall be effec ve as of)12 : 01 a.m. January 1, 1994
and shall run through calendar year -r9fi9. Termination of the
contract by either party shall be effective by serving the other
party with a preliminary written notice to terminate no later than
December 31 of the calendar year preceding the last calendar year
of service and with final notice of termination no later than May
31 of the last year of service.
IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
THE DATE SET FORTH BELOW. •
CITY OF LAUDERDALE CITY OF ST. ANTHONY
BY. /l-2 r
B /
MMLOgo DATE MAYOR ` DATE
7�.
BY: ' C. BY:
C Tk iDMINISTRATOR DATE CITY ADMINIS TOR =RE
4
• JOINT POWERS AGREEMENT
FOR POLICE SERVICES
This Agreement is made and entered into as of 11994, between the CITY
OF ST. ANTHONY, a municipal corporation unde re a s of the State of Minnesota
("St. Anthony") and the CITY OF FALCON HEIGHTS, a municipal corporation under the laws
of the State of Minnesota ("Falcon Heights"). The services to be performed under this
Agreement will commence January 1, 1995.
1. Purpose.
St. Anthony and Falcon Heights have the power within their respective cities to provide
for the prevention of crime and for police protection. Under Minnesota Statutes, Section
471.59, the cities may, by agreement, provide for the exercise of the police power by one city
on behalf of the other city.
This Agreement sets forth the terms and conditions under which St. Anthony will provide
police services for Falcon Heights. St. Anthony will have full authority and responsibility to
provide services in accordance with all enabling legislation under the laws of the State of
Minnesota and the ordinances of Falcon Heights. St. Anthony will provide feedback to the
Falcon Heights City Administrator and City Council on a regular and timely basis, and will
actively support the creation of a joint advisory committee pursuant to Section 9 of this
Agreement, whose members come from both cities, and whose purpose is to review, monitor,
and ensure a successful relationship between the two cities under this Agreement.
2. Interpretation.
This Agreement is entered following the preparation by Falcon Heights of a Request for
Proposal for Police Services and the submission of a responsive Proposal by St. Anthony (the
"Proposal"). The Proposal is attached to this Agreement as Exhibit A. To the extent that any
of the provisions of this Agreement are inconsistent with the provisions of the Proposal, the
provisions of this Agreement will control. If any provision of this Agreement is ambiguous, the
parties agree that the Proposal may be looked to as evidence of the parties' intent.
3. Services.
St. Anthony will provide Falcon Heights with 24-hour police service, and will physically
place a certified officer within the boundaries of Falcon Heights 24 hours each day, except in
those instances when the officer makes an arrest and transports a prisoner, during mutual aid
situations, when providing a backup for another officer, or when called away for a court
appearance, booking or similar police matter. Subject to these exceptions and in normal
circumstances, St. Anthony will provide 24-hour police protection and police presence each day
within the City of Falcon Heights. In those instances stated above when an officer is not
• physically present in Falcon Heights, St. Anthony will respond to emergency police calls with
other officers.
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4. Level of Services. .
During the term of this Agreement, St. Anthony will provide to Falcon Heights the same
police service extended to persons and property within St. Anthony, which will include, but not
be limited to, the following:
(a) Patrol services, with random patrolling of all residential, business and
public property areas during all shifts;
(b) Police presence within the boundaries of Falcon Heights 24 hours each
day, subject only to the exceptions noted above;
(c) Animal control services as provided within the City of St. Anthony by the
animal control service employed by St. Anthony;
(d) Enforcement of all ordinances of Falcon Heights which are intended to be
enforced by police officers, with special attention being given to parking,
winter and nuisance ordinances;
(e) Ticketing for traffic violations will be done routinely during normal shifts;
(f) Crime prevention programs that encourage community involvement and
investment in the City of Falcon Heights, including participation in the
Mayor's Commission, Family Violence Network, Neighborhood Watch
Programs, "McGruff Houses," and "Combat Auto Theft" programs; in
appropriate cases, referrals will be made to the Northwest Youth and
Family Services Youth Diversion Program;
(g) Criminal investigations, crime lab service and supervisory service;
(h) Reports on police services and activities, including weekly, monthly and
annual police reports;
(i) Responses to medical emergencies, fires and other emergencies; responses
shall include, where appropriate, securing the scene for fire/rescue
personnel, accompanying fire/rescue personnel to the hospital upon
request of such personnel, and providing follow-up information to
fire/rescue personnel upon request of such personnel;
(j) Officers will be available at Falcon Heights City Hall to answer questions
from, and provide information regarding police activities to, Falcon
Heights residents, business owners and staff on an as-needed basis;
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(k) License inspections, background investigations and license enforcement
services as called for under applicable state law or city ordinances;
(1) Review and comment, upon request, of proposed Falcon Heights
ordinances affecting police services or enforcement;
(m) Follow-up on reported crimes with the person(s) who reported the crime,
including routine notification by telephone or mail as to the status of the
investigation; and
(n) Special event traffic patrol services, including ten days per year during the
State Fair; and other events such as periodic parades and the National
Street Rods Association convention.
I _ --
Lpay
Payment for Services.
is Agreement will be effective January 1, 1995 and will continue until December 31,
consideration of the services to be provided under this Agreement, Falcon Heights will
nthony an annual fee of $317,000.00 for the year 1995, and an annual fee of
.00 for the year 1996, for the police services under this Agreement.
6. Method of Payment.
• St. Anthony will bill Falcon Heights monthly for 1/12 of the annual fee, and Falcon
Heights will promptly remit payments to St. Anthony within 30 days after receiving each billing
from St. Anthony.
7. Liability.
St. Anthony will be responsible for all liability incurred as a result of the actions of
St. Anthony police officers under this Agreement, and will hold Falcon Heights, its officers and
employees harmless for any liability resulting from actions of a St. Anthony employee and shall
defend Falcon Heights, its officers and employees, against any claim for damages arising out
of St. Anthony's performance of this Agreement; provided, however, that if the claim, action
or liability is one which is insured by St. Anthony's liability insurer, Falcon Heights will bear
the first $5,000.00 of expense for any such claim, action or liability, or expenses relating
thereto, including attorneys' fees, to the extent not covered by the insurer because of a
deductible amount under the policy (which deductible amount is currently $10,000.00).
8. Administrative Responsibility.
The law enforcement and police services rendered to Falcon Heights will be under the
sole direction of St. Anthony. The standards of performance, the hiring and discipline of
officers assigned, and other matters relating to regulations and policies related to police
729204 3
employment, services and activities, will be within the exclusive control of St. Anthony. The
parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees
to use reasonable efforts, within applicable departmental budgetary limits, to recruit qualified
female and minority police officers through the Minnesota Police Recruitment Service.
/1 9. Joint Advisory Committee.
p� Both cities will appoint members to a joint advisory committee. in e
o ice ie , t e anager a d
Administrator from each C ivy, and the Mayer from each y The committee will meet at least
-six times each year to ensure that this Agreement and the services performed pursuant to this
Agreement are meeting the expectations of both cities. Any recommendations of the committee
will be strictly advisory.
10. Communications, Equipment and Supplies.
St. Anthony will furnish all communication equipment and any necessary supplies
required to perform the services which are to be rendered under this Agreement.
11. Cooperation and Assistance Agreements.
Falcon Heights will be included in all cooperative agreements entered into by the
St. Anthony police department with other police services units. •
12. Headquarters.
Headquarters for services rendered to Falcon Heights under this Agreement will be
located at offices owned or leased by St. Anthony. The citizens of Falcon Heights may notify
headquarters or Ramsey County radio dispatch for police services requested either in person or
by some other means of communication. St. Anthony officers may take routine telephone calls
and complete routine reports for Falcon Heights at the Falcon Heights City Hall, and Falcon
Heights will have facilities available to the officers at Falcon Heights City Hall for this purpose.
The facilities will include a desk, telephone, fax and copier.
13. Employees of St. Anthony.
Officers assigned to duty in Falcon Heights will at all times be employees of
St. Anthony. All obligations with regard to workers compensation, PERA, withholding tax,
insurance, and similar personnel and employment matters will be the obligation of St. Anthony.
Falcon Heights will not be required to furnish any fringe benefits or assume any other liability
of employment to any officer assigned to duty within Falcon Heights.
•
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• 14. Enforcement Policies.
Enforcement policies of St. Anthony will prevail as the enforcement policies within
Falcon Heights. A written statement of the current enforcement policies of St. Anthony will be
provided in writing to Falcon Heights before January 1, 1995.
15. Enforcement of Ordinances of the City of Falcon Heights.
St. Anthony officers assigned to duty within Falcon Heights will enforce Falcon Heights'
ordinances to the extent appropriate for enforcement by police officers.
16. Officers of Falcon Heights.
The officers assigned duty within Falcon Heights will be provided with authority to
enforce the laws of the City of Falcon Heights by proper action to be taken by the Falcon
Heights City Council, and while performing services under this Agreement will be considered
police officers of Falcon Heights. The Chief of Police of St. Anthony will furnish to the Falcon
Heights City Administrator the names of all St. Anthony police officers assigned to Falcon
Heights, and all such officers will be appointed police officers of the City of Falcon Heights.
17. Offenses.
All offenses within Falcon Heights charged by police officers under this Agreement will
be charged in accordance with Falcon Heights' ordinances when possible; otherwise, the charge
will be made in accordance with the laws of the State of Minnesota or the laws of the United
States of America.
18. Communications.
St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly
and annual police reports, in a format similar to the sample reports contained in Exhibit A, or
in such other format as is mutually agreed to by the St. Anthony Police Chief and the Falcon
Heights City Administrator.
The St. Anthony Police Chief will regularly communicate with the Falcon Heights City
Administrator in order to ensure that Falcon Heights is knowledgeable about any police activity
in the City, and at the request of the Administrator the Police Chief will make presentations to
the Falcon Heights City Council.
19. Prosecution and Revenues.
Falcon Heights will pay all costs of prosecution for all offenses charged within its
boundaries or under its ordinances. LEAA funds and confiscated drug funds will be retained by
•
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St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T. training funds will be •
used for officer training.
Term of Agreem t. 3
This Agreement will be effective as of 12:01 a.m. January 1, 1995 and will expire on
11:59 p.m. December 31, 1996, unless extended by written agreement of both cities. As of the
date of execution of this Agreement, both cities believe that a mutually-agreeable, longer-term
extension of this Agreement is desirable and likely to occur. The parties agree to commence
negotiations for a mutually-agreeable extension by on or before April 1, 1996, with a goal of
completing negotiations and executing a mutually-agreeable extension by no later than July 15,
1996. If no mutually agreeable extension is reached by July 15, 1996, then this Agreement shall
expire on 11:59 p.m. December 31, 1996. Nothing in this paragraph shall be deemed to
arty to an extension of the term of this Agreement.
21. Assignment.
The rights and obligations of the parties under this Agreement will not be assigned, and
St. Anthony will not subcontract for any services to be furnished to Falcon Heights (except as
otherwise provided in this Agreement), without the prior written consent of the other party.
The parties hereto have executed this Agreement as of the date first above stated.
CITY OF FALCON HEIGHTS CITY OF ST. ANTHONY
By"� '
Mayor Mayor
By: By: I.
Citydministrator ' amity Manager
•
72920.4 6
FEB-01-1996 11:36 FROM FALCON HEIGHTS CITY TO SA CITY HALL P.02
/7
• City of Falcon Heights
Memorandum
D*TE: 1 Fe ruary 1996
TO: Mike Mornson, City Manager, City of St. Anthony
FROM: Susan Hoyt, City Administrator
Proposed changes in the police contract
5e attached draft language.is intended to create an on-going agreement for police
$*Vices with an a rtuai (or could be a biennial) option for either city to terminate
thi contract. The draft language is only suggested to give-you something to work,
fr®m. if your cou cil is open to considering the concept, we can further articulate
the language over the coming months including the proposed deadlines for budgets
an notification of termination of the agreement in a timely: way.
i
Hqwever, before you review:the language with your council, it is important that I
cohnmunicate why I believe it is in both cities' interest to have this as an on-going
agreement with th option to terminate. Here goes...
• 1 . t Evidence of omn:tment. Police service is a critical public safety service. No
city can operate without having police ready to respond to calls 24 hours a
day 365 days a year. As we've often discussed, an effective police
department r eeds to fit the needs of the cities it serves and the cities must
be committed to working out police issues over time.: Once a good
relationship between the cities is underway, it is important to keep the
relationship going and to plan together to maintan it as long as.its serves
both cities well.
Both the St. nthony city council and the. Falcon Heights city council took
alot of time nd did alot of analysis prior to deciding to contract with the
other city for this siervice. The Falcon Heights city council spent eight
months determining the type of police service that it wanted to provide its
citizens. i k ow that the St. Anthony city council carefully reVlov6ed tHh
benefits oft is arrangement before submitting a proposal and signing the
agreement.
Demonstrating a continued commitment to this police arrangement is
important. For example, the on-going nature of the relationship May provide
for some mom shared expenditures. I know that the Falcon Heights city
council woulc consider directly purchasing some of the smalW equipment
(e.g. cell pho les, pagers, office improvements in FH city hall) that is required
for policing F ilcon Heights because the council sees this as an on-going
arrangement. An on-going agreement with a termination clause creates a
FEB-01-1996 11:36 FROM FALCON HEIGHTS CITY TO SA CITY HALL P.03
1
climate for cooperation and commitment without tying either Falcoh Heights •
or St. Anth ny down:
2: Contract•m anager•'nent. The current agreement statds that the agresltidrit
automatical y expires as of December 31 if no agreehmeki for an eXtdhsinH is
reached by July 15 of the year. However, under certain ciecufristaHces; 1
can anticipate that there may be an intent to contiribe the agreement by both
cities, but cue to some disruption in administrative services (e.g. a vacancy
in either the city administrator's, manager's or police chief's office) this date
t might slip by without.any action to continue the agreement. Or perhaps the ,
financial impact of a new state mandate is not available to be calculated into
the upcoml g costs by July 15 so a firm'agreement'can't be completed by
this date. Although it is unlikely, either of these scenarios could effectively
terminate the agreement just because a date went by. �.n on-going
agreement which requires notification to terminate protects both cities from
potential oversights; without tying either city down.
Uguiring n tification of termination in a times way.: Taking a "devil's
advocate" p sition for the sake of discussion, under the current
agreement's language, one of the cities (A) could choose to just let the July
15'date in the contract slip by without an agreement, thereby effectively
terminating the agreement for the coming year, and, ,while doing this, give •
no indicatior to the other city (B) that it (city A) was.looking for-either a
different se ice provider or deciding to stop providing the service the
following Ja wary 1 - Since cities set levies on SeptembeIr 15, the July 15 or
an even late date gives the cities only two months or less to plan for what
could be sig ificant budget changes for the coming year:and only five
months to lind a new police service provider or to make 'the necessary police
personnel sh fts by January 1 . `' =
-� With a May 1 termination. daRAPA& te (or some uariatlon on ,this), .if either city needled to
9 : terminate the contract, May 1 would provide eight months to anticipate possible
changes whic I would be significant. In the.case of Falcon:Heights, this would mean
developing an RFP, finding a new police provider and determining the costs. For St.
Anthony, it uld mean determining what peesonhel i'ssUbs and costs Would Come
from reducing its service area.
1 i
The May 1 da1 a is certainly negotiable since the costs of this safvice vi Uld ideally be
determined as closely as possible by this time.
'Please call me if jou have any questions or thoughts about this. Although I've
'written the memo based upon the Falcon Heights and St.:Anthony agreement, I
believe that all parties would benefit from this arrangement sb' i'll pass It on to Tim
-Cruikshank for hi information.
i appreciate your taking the time to consider this option.
c: Dick Engst om, Police Chief
Tim Cruiks ank, City Administrator. Citv of LauderH11.1
FEB-01-1996 11:37 FROM FALCON HEIGHTS CITY TO SA CITY HALL P.04
J9
I
i February 1, 1996
DRAFT DRAFT DRAFT DRAFT
5.. Payment for Services
Ni'W This agreement will-be effective January 1, 1997 and will 'contin,de inddfihitQly
unless cance ed in accord with the procedure outlined in paragraph 20 of this
agreement.in consideration of services provided for under this aigreemegt,,,,,5%
Anthony and Falcon Heights shall establish. the fee for these services on-,a, ,.
biennial basis of May 1 of the even numbered year precei ing each Biennium.
This may be aarly to have a final cost figure - we can discuss it.
I
f ., Term of Agreernent
• NEW Either St. Anthony at Falcon Heights may terminate the agreement by '
submitting a written notification of the intent to tett- inate to the city,
administrator of Falcon Heights and the city administrator!of St.. Anthony and
the city man ger of St. Anthony by May 'I of the year (oe May ,1 of the even ,
numbered
ven -
numbered year)* that St: Anthony or Falcon Heights- 'intends to terminate the
contract. Te mination ,of this contract shall be effective on December 31 at
I -
11:59 PM of the year that either St. Anthony or Falcon Heights terminates the
contract.From time to time the terms and conditions of this agreement shall be
reviewed and revised as St. Anthony and Falcon Heights !deem necessdry.
* This coul be an annual or biennial date. The bfenc alai diate would be,
consistent with the fee schedule.
I
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I I
I
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I I
MINNESOTA POLICE RECRUITMENT SYSTEM
• 4642 IDS CENTER-80 SOUTH EIGHTH STREET -MINNEAPOLIS,MN 55402 -(612) 337-5222
A�k
January 3, 1996 \� 4
MEMO TO: City Managers/City Administrators of Defendant
Cities in the Starks and Fields Lawsuits;
Other Members of the MPRS Board of Directors
FROM: Larry Thompson, MPRS Executive Director
SUBJECT: January 1 Oth Joint Meeting
•
There will be a meeting for representatives of all cities which are defendants in the
Starks and Fields lawsuits at 1.30 PM on Wednesday, January 10th. This meeting
will be held in the Council Chambers of the Fridley City Hall, 6431 University
Avenue NE, Fridley. This also will be an official meeting of the MPRS Board of
Directors.
The principal purpose of the above meeting will be to discuss our strategy for
responding to Judge Solum's November 6th Order for Judgment. Our joint and/or
individual responses in this matter must be submitted to the Court by February 9th.
At the above meeti;�0 the 1`LrP.S Lr,.c-Lige Co,n.*:iit:ee:::ll preset a program
designed to meet the Court's requirements for minority recruitment efforts and for
local intern and/or CSO programs. There will be a charge for communities to
participate in this program, and it will be offered as an optional service by the
MPRS. Please note that communities must be prepared to make a commitment to
-this�rogram either nn an �ar�l0th or sl artiy thereafter CommurLties no aking
such a commitment will be responsible for developing their own program for
submission to the Court
0 ; ��
n2 cX'2. ac�� 1 �5'cwAc'�'ti'`G-e
no 7 4raP P
QCT�Or"T art a,,4Z o w cl
z1 60
'a0,
PROPOSED ALLOCATION OF DAMAGES
At the last meeting of defendants in the Starks and Fields lawsuits, the MPRS
Executive Committee was directed to prepare a proposal for the allocation of
damages among the defendants. The Committee further was directed to base such
an allocation partly upon an equal "base" fee per defendant and partly upon the
population of each defendant.
The Executive Committee met on December 5th to discuss this matter, among other
issues, and it is recommending the following formula for the allocation of damages:
1. Twenty percent (20%) of the damages would be divided equally among the
defendants;
2. Eighty percent (80%) of the damages would be divided based upon each
community's population served at the time of the lawsuits.
These lawsuits were initiated in January, 1993, and it is the Executive Committee's
recommendation that the estimated population at that point in time be utilized for
the proposed allocation. It is proposed that Metropolitan Council estimates be
utilized for communities in the metropolitan area and that State Demographer's
estimates be utilized for nonmetropolitan communities. For communities with
service contracts covering other municipalities, the populations of such
municipalities would be included in the computation of population served.
No one knows the total damages in these lawsuits, but the figure of$500,000 has
been used as a "best guess" estimate. If this figure is accurate, the base fee charged
to each defendant would be approximately $2,800 and the fee charged to each
defendant- n population would be approximately fifty cents per person in
tarea served.
o ,
• KENNEDY & GRAVEN
CHARTERED 2,Z
Altornevs at Law JAMES J.THOMSOti,JR
470 Pillsbury Center, Mlnne2pOli-, Minnesota 55402 LARRY M. HomsHEIN
ROBERT A.ALSOP (612)337.9300 80811E . w'ERTHs
BALD H.BATTY JOE%I YANG
PHE,V J.Bt BLrL Facsimile(612)337.9310 _
.toH!!B.DEAY DAVID L.GRAVEN(19.9.1991)
DANIEL J.GREE.YSWEIG
DA1.7D J.KviVEDY
CHARLES4 LEFEVEROF COUNSEL
BRUCE M.BATTERSOV
IOHV M..LEFEtiltE,JR.. SOti
ROBERT C.CARL
ROBERT J.UxDALL WRITER'S DIRECT DIAL ROBERT I.DAVIDSON
ROBERT C.LONG (612)337.9.15
WELLINGTON H.L.Aw
JONES%11.STRONNEv CURTIS A.PEARSON
CORRINE HERE THONSO\
T.JAY SAL%1M
MEMORANDUM
TO: All Defendant City Attorneys, City Managers or Administrators and Police Chiefs
FROM: Charlie LeFevere C-��
DATE: January 3, 1996
RE: Starks v. MPRS and Fields v. MPRS; Affirmative Action Proposals
On December 21, 1995, interested parties in the above noted case met with Judge Solum to
discuss issues raised by paragraph 14 of the court's order of November 6, 1995. City
representatives described affirmative action efforts which the cities already have in place as well
as practical problems which affect the cities' ability to respond to the court's order. Judge
Solum, to a limited extent, explained what he expected from the cities. The judge did not agree
to accept any specific proposals in response to paragraph 14 of his order. However, it does
appear that the court will not insist that all cities join in a collective proposal; that is, individual
cities may make their own proposals to the court in response to the court's order. It also appears
that the judge is at least willing to consider means of increasing minority hiring other than those
described in paragraph 14 of the order.
The judge established a new deadline, February 9, 1996, for submitting the detailed plans or
programs for compliance with paragraph 14 of the Order.
We have now arrived at a point at which the cities must decide whether to submit individual
proposals or join in a collective proposal to present to the court. The MPRS executive committee
has decided to recommend that the MPRS develop a joint proposal for those cities which wish
to be included. I would recommend that the MPRS treat development of this plan and proposal
as a service for cities which wish to be included in the joint proposal. The MPRS joint powers
agreement allows the MPRS to contract with a consultant for this project and pass the costs along
to those who wish to have this service provided. Therefore, neither members of the MPRS who
are not defendants in the lawsuit, nor parties to the lawsuit which wish to submit their own
CLL9?6C3
1!P110-2
z3
proposals to the court would be required to pay for the development of the joint proposal. The
MPRS board should consider whether to undertake this project at its next meeting, which I
understand is to be held at the Fridley City Hall at 1:30 p.m. on January 10, 1996.
The work of the affirmative action consultant will begin immediately. As I envision this project,
it will begin with an inventory of existing programs in the cities which wish to be a part of the
joint proposal. The consultant will also contact other agencies which have programs in place to
increase diversity in the law enforcement profession (eg. Minneapolis and St. Paul police
departments, state highway patrol, POCOP, etc.) after this initial investigation, the consultant will
develop a proposal for submission to the court for its approval. This proposal would separately
identify the activities to be undertaken individually by each city. For example, the proposal
might describe the CSO program which will be continued in the cities of New Hope, Brooklyn
Center, Brooklyn Park, etc., but would not include an obligation to create such a program for
cities such as St. James or Redwood Falls. Cities not providing cadet or CSO programs such as
those described in paragraph 14 of the Order would identify other activities which they would
undertake to attempt to bring more minorities into the pipeline for law enforcement careers.
The proposal would also identify action to be undertaken by the group as a whole. For example,
the cities might agree that they would jointly initiate a program for dissemination of information
on law enforcement careers to minority students in area high schools, participate in career days,
begin outreach activities to groups serving or representing communities of color regarding hiring
for existing CSO, or entry level police officer positions, etc. •
Because there is so little time left before the proposal is required to be submitted to the court,
I will not be able to represent cities which wish to submit their own individual proposals to the
court, and such cities should immediately make arrangements for preparation of their individual
programs or proposals and determine who will act as their legal counsel in presenting the
proposal to the court. Please be prepared to advise us at the meeting of January 10, 1996,
whether your city will be making an individual proposal to the court, or wishes to be included
in the collective proposal.
Please give me a call if you have any questions at (612) 337-9215.
CLL:ckr
=_10-z
zy
• omissions which were in deliberate disregard of the rights of the
plaintiffs. However, during certain periods material hereto, the
MPRS had direct knowledge of the facially racial nature of the Exam
and its likely emotional upset and pain to, and disparate impact
on, African American applicants . From and after this time, and
during the course of the pendency of this lawsuit, MPRS, with
reasonable ease, could have made changes in the Exam with respect
to these issues, and elected not to do so. Its determination was
in deliberate and willful disregard of the rights of the
plaintiffs. An appropriate measure of punitive damages for the
conduct of the MPRS as found herein is $8, 500 to each plaintiff.
13 . The past discriminatory selection procedures utilized by
the defendant municipalities as described in the court's order of
October 5, 1994 have directly resulted in an adverse impact and
likely underemployment opportunities of African American police
officers by such municipalities, and such selection procedures
would, if not remedied, result in future adverse impact and likely
underemployment opportunities of African American police officers
by such municipalities.
14 . The past unlawful discrimination, its consequent adverse
impact and its harm to the public can be reasonably remedied by the
defendant municipalities doing the following:
• a. Deploying a program by which the
municipalities direct law enforcement
employment opportunity information to high
school students in the metropolitan employment
market. Such program should be designed to
reach and encourage minority race students to
consider such employment with municipalities.
b. Deploying a program by which the
municipalities (1).identify minority race high
school students having an interest and ability
to make them probable successful candidates
for law enforcement employment; (2) directly
contact and offer intern and/or CSO positions
to such students conditioned upon satisfactory
academic achievement and completion of high
school and a continuing pursuit of educational
and training requirements for licensure in
Minnesota.
c. Paying a statutory penalty in the amount of
$300, 000 to the State of Minnesota, or in lieu
of 'such penalty establishing a reasonable
minority race hiring commitment satisfactory
to this court.
5
zs
d. Being subject to the continuing ` •
jurisdiction of this court (directly or
through a special master) .
15. While only future monitoring will determine the
relationship between any written testing procedure and adverse
impacts, at this time it appears that future adverse impact can be
sufficiently reduced by the following changes:
a. The elimination of the AP Predictor from
any written testing procedure.
b. The elimination of cut-scores from any
written testing procedure such that every
.applicant passing the agility or physical test
and the oral interview, are on the eligibility
list.
c. The elimination of all language or content
of any written testing procedure which
references minority races or is racially
offensive in any manner.
d. The monitoring of adverse impact and
compliance with the currency obligations as •
required by the EEOC Guidelines.
e. The continuing jurisdiction of this court
(directly or through a special master)
relative to these issues.
CONCLUSIONS OF LAW
1. Defendants are liable, jointly and severally, to each
plaintiff for actual damages in the following amounts:
Plaintiff John Starks: $81, 262
Plaintiff Chris Fields: $75, 426
2 . Defendants are subject to the orders of this court with
respect to remedying past and future discrimination and attendant
adverse impact.
3 . Defendants are liable, jointly and severally, for
reasonable attorneys fees, costs and other damages of plaintiffs in
respect to their prosecution of the claims herein, to be determined
at a hearing to be held on December 21, 1995 at 8 : 30 a.m.
4 . Defendant MPRS is liable to each plaintiff for punitive
damages in the amount of $8 , 500.
6
z`
KENNEDY & GRAVEN
CHARTERED
• Attorneys at Law CORRLNE EL THOMSON
370 PlBsbury Center, Minneapolis, rilnnesota 55302 JAMES J.THOMSON
ROBERT A.ALSOP (611)337.4300 LARRY N.WEBTHEIM
BRUCE N.BATTERSON BO%%IE L w't mNs
RONALD H.BATTY Facsimile(612)337.9310 JOE Y.t A%G
STEPHL-4 J.BC'BL'L _
JOHN B.DEAN DA1,1D L GRAVEN f1929.t9911
DANIEL J.G REENSWEIG
DA141D J.KENNEDY OF COUNSEL
CHARLES L LEFEvERE DIAL ROBERT C.CARLSON
JOHN M.LEFEVRL.JR. WRITER'S DIRECTROBERT L DAN,TDSON
�at1)337.9
ROBERT J.LINDALL WELLINGTON H.LAW
ROBERT C.LONG CURTIS A.PEARSOV
JA.MES K STROMMEN T.JAY SALHEN
MEMORANDUM
CONFIDENTIAL -- PRIVILEGED ATTORNEY CLIENT COMMUNICATION
TO: City Managers, Administrators,Attorneys and Chiefs of Police of Defendant Cities
in Starks and Fields v. MPRS, et al.
FROM: Charles L. LeFevere
DATE: January 24, 1996
• RE: Hiring Commitment in Response to Order of the Court of November 6, 1995
The Court's Order of November 6, 1995 in the above-referenced case requires the cities to submit
an affirmative action type plan in accordance with paragraphs 14A and B of the Order and to pay
to the State of Minnesota a statutory penalty of $300,000 or, in lieu of such a penalty, establish
a minority race hiring commitment which is satisfactory to the Court.
Since we received the Order I have advised the cities that the Court's Order does not compel the
cities to submit joint plans or hiring commitments, and each city is free to submit their own,
individual commitments and proposals.
At the last meeting of the MPRS members on January 10, the MPRS board decided to retain Niel
Harris to prepare a joint proposal to the Court in response to paragraphs 14A and B of the Order
for all cities which wish to participate in a joint proposal. To date, only the City of Brooklyn
Park has withdrawn from participation in the joint proposal.
Mel has requested each city provide descriptions of all existing programs which are related to
law enforcement and which are being used or could be used to increase awareness and accept in,,e
of law enforcement career opportunities or to increase opportunities to hire minorities. Thee
would include any outreach activities to minority communities, CSO or cadet programs. pohl .t-
auxiliary or explorer programs and the like. If your city has not yet provided this inferm.won
to Mel, or if you wish to supplement information already provided, please do so as IN
possible. Please make sure that the appropriate person in the city prepares and send, :"e,r
materials along with the name, address, phone, and fax numbers of a person whom N1e1 .in
C_L93333
w?110-2
contact for clarification or additional information. Because the plan will specify programs for •
each individual city, it is very important that this information be provided. I have attached copies
of the submissions of Bloomington and Woodbury for your information.
In addition to this information, a number of cities have not submitted responses to the TUG
survey (which was sent only to members of TUG and therefore did not go to all cities). A copy
of that survey is attached. If your city has not yet responded to the survey, please complete the
survey, either typed or legibly written, and send it to Mel.
Finally, Mel tells me that the plan will identify a person in each city who will be responsible for
implementing the plan. Please advise Mel who that person should be so that the name or
position can be included in the plan. This person may or may not be the same person whom you
identify for purposes of clarifying or providing additional information for preparation of the plan.
Mel's mailing address is:
Mel Harris
14673 78th Avenue North
Maple Grove, MN 55311
I have previously indicated that the cities could make separate decisions on whether to submit
joint affirmative action type proposals and hiring commitments. That is, each city could decide
to participate in the joint affirmative action proposal or the joint hiring commitment, or both. •
Brooklyn Park has indicated that it does not object to using the city's statistics in determining
compliance with the hiring portion of the order. Therefore no city has withdrawn, to the best of
my knowledge, from making a joint hiring commitment.
To assist the cities in determining whether they wish to be a part of a joint proposal, I have
prepared a first draft of the portion of our joint memorandum dealing with the hiring
conunitment, a copy of which is attached.
I invite your comments and suggestions on this draft. Obviously, if any city decides to withdraw
from making a joint hiring commitment, the attached would have to be modified to reflect that
fact.
Please let me know as soon as possible if your city intends to withdraw and submit its own
hiring commitment.
cc: Mel Harris (w/enclosures)
Larry Thompson (w/enclosures)
/ckr
CLL99338
MP110-2
• HIRING COMMITMENT
In the Court's Order of November 6, 1995, the defendant cities were required by Order
No. 4 on page 7 to submit a plan to accommodate the implementation of programs as described
in finding 14c on page 5 of the Order, under which the cities were obligated to pay a statutory
penalty in the amount of$300,000 to the state of Minnesota, or in lieu of such penalty, establish
a reasonable minority race hiring commitment satisfactory to the court. This section of the
memorandum addresses that requirement.
The court has recognized the validity of the use of cognitive skills tests for police officer
selection. The record demonstrates that African Americans, as a group, score lower on such tests
than white applicants. Therefore, the evidence suggests that, absent compensating factors, the
selection rate for African Americans may be somewhat lower than the selection rate for whites.
There is no evidence to suggest that the overall selection rate for African Americans would have
been higher than the selection rate of whites, even in the absence of tests having no
impermissible adverse impact.
During the meeting among the Court, counsel, and representatives of a number of the
parties on December 21, 1995, there was discussion of whether the hiring commitment should
define the cities' obligation only by reference to new hirings, occurring after the suit was
• commenced or some later date, as opposed to giving the defendant cities credit for those African
American hirings which have already occurred. An order which did not recognize African
American hirings which have already occurred would not be warranted because it would exceed
the necessity of remedying the effects of past discrimination by resulting in an overall selection
of African Americans which would substantially exceed the selection rate of whites. If a race
conscious remedy is justified at all, it can only be to remedy the effects of past discrimination.
If voluntary action of the defendants has reduced such effects, such reduction must be
acknowledge as a limitation on the permissibility of a race conscious remedy. Defendants cannot
justifiably expand their authority to engage in race conscious hiring activities by remedying the
effects of past discrimination twice.
In response to the Court's Order, defendant cities submit the commitment to reach a point
at which the African American hiring rate from 1979 onward meets or exceeds the hiring rate
of whites during the same period. That is, the ratio of African Americans hired to African
Americans in the applicant pool meets or exceeds the ratio of whites hired to whites in the
applicant pool.
(African Americans hired equal or exceeds whites hired
African Americans in the applicant pool whites in the applicant pool)
The determination of the denominators of the two ratios (i.e., the numbers of African
Americans and whites in the applicant pool) is complicated by the fact that not all defendants
• who join in this proposal continue to be members of the MPRS and other members of the MPRS
are not defendants. Arguably, each of the defendant cities would have a different applicant pool
after they left the MPRS. Hmxever, it is not practical to use individual city applicant pools
because the numbers of African americans in the applicant pool in the case of a single city will
CU99571 1
4?110-2
z9
be too small to yield reliable or meaningful numbers for many years to come. It is only by •
accumulating data for all 36 cities for 17 years that a sufficient number of .African American
applicants (47) come into the system to generate statistics that are even arguably meaningful or
representative. Even using the entire MPRS data base, the trial evidence shows that the number
of African Americans testing was three or fewer in 8 of 15 years through 1993.
The most accurate picture of the applicant pool is derived from the largest data base.
That data base is the MPRS applicant pool which includes applicants for all MPRS cities and
covers a time period of 17 years. This experience involves approximately 7,000 applicants.
Moreover, the use of these numbers for the 17 year period, is related to the employment practice
which is the subject of this case. Hiring goals based on statistics which do not include this
MPRS testing experience will be unrelated to the employment practice which was the subject of
this case, particularly in cities which no longer use the MPRS testing process. Additionally, it
is not practical to combine applicant pool statistics from the MPRS members because there will
be significant overlap in these different applicant pools. Therefore, the defendant cities propose
that the number of African American applicants and the number of white applicants be taken
from the MPRS testing statistics.
A separate question is how to determine the numerator of the two ratios, i.e., the number
of African Americans hired and the number of whites hired.
Defendants submit the proposal that these numbers be determined by the numbers of •
African American and white hirings in all of the defendant cities from the inception of the MPRS
testing process to the date of the determination whether the commitment has been met. Only by
accumulating data on hirings from all defendant cities is it possible to relate the hiring
commitment to the effects of past discrimination. The number of African Americans in the total
applicant pool is only a very small percentage of the number of whites. Therefore if a hiring
commitment were to apply to each individual city, each city which hired one African American
would have a selection rate of African Americans which exceeded the selection rate of whites.
Each city which had not hired an African American would have a selection rate of African
American's which fell short of the selection rate of whites. If each individual city were required
to have an African American selection rate which equalled or exceeded the selection rate of
whites, 36 African Americans would have to be hired, one for each of the defendant cities. This
would be an overall selection rate for African Americans which is over five times the selection
rate for whites. Nothing in the record suggests that a race conscious remedy of that magnitude
is Justified.
The participating cities would be required to continue all efforts described in the propo-,al
submittal herewith (in response to Order No. 4 as it relates to Findings 14a and b of the Order
of November 6, 1995), until this commitment is met.
•
CLL99571 2
MP110-2
30
MEMORANDUM
DATE: January 22, 1996
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: SLIM ARY OF MEETING AT CHANDLER PLACE
On Monday, January 22nd, Jerry Gilligan, Roger Larson, and I met with representatives of
Chandler Place. They are asking the City for an inducement resolution to refund bonds that
were previously issued by Chandler Place in 1985. As part of the 1985 issue, the City set up
a tax increment district and borrowed Chandler Place $700,000 at 3% interest. The first
interest payment starts in December, 1996, and lasts until the principal is paid, currently 2005.
They intend to ask for the following from the City:
1) An inducement resolution to refund the bonds. They have a window of opportunity to
• refund the bonds between March 1 and May 1. A hearing will have to be held on this.
The Council, if they elected to do this, could call for the hearing at their February
meeting and conduct the hearing on March 12.
2) Chandler Place would like to use the $700,000 in the form of a loan or grant in the
refunding issuance. They will submit a proposal by January 30th so the City can
review it at the February 6th Work Session. Mike Miller has requested to be in
attendance at that meeting. I told him I would ask the Council if it would be beneficial
to have him in attendance. (Any thoughts?)
3) Chandler Place intends to refund the bonds through FHA insurance. The important
thing to remember about that is the property is eligible for treatment as Class 4C
property vs. 4A property, as it is currently considered. 4A property is taxed at a rate
of 3.4% and the tax increment is about $240,000 per year. 4C property is taxed at
2.3% and it would bring in about $160,000 per year. This could only last for 15
years. You should be advised that they can do this even if the City does not agree to
offer an inducement resolution. They are planning on adding about 44 units at a cost
of$3 million. Chandler Place intends to contend that this expansion will more than
make up for the difference in tax rate. Chandler Place is currently valued at $4.2
million with 120 units. They would like to give rent reductions to the tenants with the
reduced tax rate.
3 !
Chandler Place •
Page 2
Council should be advised that they, the owners, and the financial people who work for
Chandler were surprised that Chandler is a 25 year tax increment district, bringing in
$240,000 a year and they have only received a $700,000 loan. I informed them that
because tax increment laws have changed, the City is using the $240,000 on other
redevelopment projects, etc., as well as the increment from the other districts.
I have enclosed a letter from Jerry Gilligan who has also summarized the issues involved with
this project. If you have any questions prior to the February 6th Work Session, please let me
know.
•
•
U1/lt7/b0 !'ttl 1J:4frnA 1V ILJYVLUYY vvaor41 IIII111IL1 W.JVV&
. 3z
• MEMORANDUM
TO: Michael Mornson
Roger Larson
CC: William Soth,_ "
FROM: Jerry Gilligan
DATE: January 19, 1996
RE: $6,350,000 14U'Iti.famly,Housing Revenue Bonds
(St. Anthony Nursing Home Project), Series 1985
City of St. AAthony, Minnesota ,
In 1985 the,City issiipd-the Bonds referred to above (the "1985 Bonds")
to finance the Chandler Place project-' in',connection with this development the
HRA established a TIF District and entered into a Development Agreement with St.
• Anthony Nursing Home, the owner of the project, which provided the HRA to
make a loan of up to $700,000 from tax increment revenue derived frorn the TIF
District to fund a reserve fund for the 1985 Bonds (the "Reserve Fund Loan").
The Developraent-;Agree nent'provides that the Reserve Fund Loan is
to bear interest at 3% per-anrium"::ort the-amount advanced. On December 1, 1993 all
interest accrued on the Reserve>Piuld Loan.through that date was to be added to the
principal of the Reserve Fund_Loan.�_ The Development Agreement provides that
repayment of the Reserve Fund Loan is as follows:
(i) on December 1, 1996 and each December 1 thereafter
interest is to be-paid on the Reserve Fund Loan;
(ii) the entire principal balance of the Reserve Fund Loan and
all accrued interest is due and payable on December 1,
2005.
The Reserve Fund Loan is secured by a second mortgage on the
Chandler Place project, which mortgage is subordinate to the mortgage securing the
1985 Bonds and provides that it will be subordinate to any mortgage securing an
obligation which refinances the 1985 Bonds, provided such obligation is not in
excess of $6,350,000-and proceeds of such obligation are used only to refinance the
• 1985 Bonds and to pay the costs and fees of such refinancing or costs related to the
improvements or repairs to the project.
DORSEY & WHITNEY P.L.L.P.
Ul/IV/too rai 14.41 rAA lUlL44ULU44 1/UAOGl "al ltliGl VJ 003
33 ;
Nursing Home approached the Ci •
St. Anthony Nur g has a pp City about issuing
refunding bonds to refund the 1985 Bonds. The 1985 Bonds bear interest at a high
interest rate (over 10%) and are callable on each June 1 and December 1 at a
premium which is presently equal to 5%. It is zny understanding that St. Anthony
Nursing Home is proposing that the refunding bonds be insured by FHA. We are
scheduled to meet with representatives of-St.-Anthony Nursing Home on Monday,
January 19th to discuss the:refur}ding:
Normally-"a'refundlxig-,of,revenue bonds like the 1985 Bonds would not
be of much concern to a dt since_tl ;d-'r is merely a conduit issuer of the bonds.
However, the refunding of,the 1985.`86nds"raises a number of issues for the City and
HRA because of the Reserve Fund.Loan, the TIF District and the proposed FHA
insurance.
I suspect that-the-owner of.Chandler Place will attempt to renegotiate
the terms of the Reserve Fund Loan so that it can remain outstanding longer and
proceeds can be used to defer costs of.-the issuance of the refunding bonds. It is likely
that the proposed financing will;:consist of a series of tax exempt bonds and taxable
bonds which together"will,`exceed.$6,350,000; so the HRA will not be obligated to
subordinate its mortgage to the".mortgage securing the refunding debt. Roger should
check his records to determine the"present outstanding balance of the Reserve Fund
Loan. To do this he will need.to determine the accrued interest that was added to •
the principal balance of the Reserve Fund Loan on December 1, 1995.
If the refunding.bonds are-insured by FHA, it is my understanding that
the FHA insurance will En ke tl-pirojec .eligible for treatment as class 4c property
for real estate tax purposes.vride.Mhtnesota-Statutes, Section 273.13, subdivision 25,
during the life-of tlte.bor 6. .ClUs-,4c praperty:has a class rate of 2.3% for real estate
tax purposes. Presently the project-is class 4a•property with a class rate of 3.4%. If the
project qualifies as class 4c propertytheare will be a substantial reduction in real estate
taxes paid with respect to the project with a corresponding reduction in revenues
from the TIF District. The City and HRA are relying on tax increment from the TIF
District to help pay the recently issued bonds for the new community center and for
other redevelopment activities in the City.
There is no reason that I can think of for the City to particpate in a
transaction which results_in a reduction.in real estate taxes and tax increment
without some payment or arrangement-by-the owner to reimburse the City for the
lost tax revenue. The City is under no obligation to issue the refunding bonds. If
the City refused to issue the refunding-bonds the owner still may be able to obtain
conventional FHA insured financing to refinance the 1985 Bonds and the project
would then be eligible for the lower.class rate. However, this would bear a higher
interest rate than tax exempt financing and is not as attractive to the owner.
DORSEY & WHITNEY P.L.L.P. -2-
VI/Its/Mo rni 1J:4o�1V1cJ•&VLuvt LVAJGI 1V"AA.0L;,A WJVV
3y
. At our meeting on Monday we should raise the issue of the Reserve
Fund Loan and lower class rate with the owner of the project and see if the owner
has any proposals on how to address these issues.
JPG:cmn
T7 n xz s E Y & W H I T N E Y P.L.L.P. -3-
Owners • Managers 35
•RESIDENTIAL APARTMENTS
• •HEALTH CARE FACILITIES
0 RETIREMENT CENTERS
•COMMERCIAL PROPERTIES is
SAG E
SAGE COMPANY
January 26, 1996
1712 HOPKINS CROSSROAD MINNETONKA,MN 55305
PHONE(612)591-1200 • FAX(612)591-9848
Mr. Michael Mornson
City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Re: City of St. Anthony Multi-Family Housing
Revenue Bonds - $5,960,000
(St. Anthony Nursing Home Project/Chandler
Place)
Dear Mr. Morrison:
We hereby request that the City of St. Anthony pass an inducement resolution to allow the refunding
of the above-referenced bond issue. We also would like to extend the term of this bond issue to on
or about December 1, 2025.
To facilitate the refunding of these bonds, it is our intention to obtain a guarantee utilizing
FHA/HUD mortgage insurance under the Section 232 Program. As we discussed in our recent
meeting, this will allow for the secured property (Chandler Place) to apply for a Title II adjustment
in real estate taxes which will be in effect from 1998 to 2013.
Attached please find a schedule of real estate taxes for the property owned by St. Anthony Nursing
Home Limited Partnership. This schedule reflects the estimated reduction in real estate taxes for
Chandler Place as a result of the Title II adjustment. It also considers the estimated increase in real
estate taxes resulting from a proposed expansion of St. Anthony Health Center which includes
replacement of 24 skilled nursing beds and the addition of 20 assisted living units. This expansion
will proceed immediately upon approval of our request for a Certificate of Need Moratorium
exception from the State of Minnesota. As indicated in this schedule, the projected real estate taxes
paid by St. Anthony Nursing Home Limited Partnership will actually increase despite the Title II
adjustment. It also shows that the total amount of taxes allocated to tax increment will rise in future
years based on the proposed expansion.
S U-ICAREICORRESPOV ETTERSI199617401MORNSON LTR
3�
Mr. Michael Morrison •
January 26, 1996
Page 2
If for some reason the refunding of tax exempt bonds is not possible, we will refinance the project
on a taxable basis through the FHA/HUD Section 232 program. However, it is our desire to utilize
tax-exempt bonds to obtain a slightly lower interest rate which allows the rents of Chandler Place
to be more competitive especially with a growing number of senior housing projects in our primary
market area.
In connection with the tax increment loan payable to the City of St. Anthony, we are interested in
prepaying this loan together with accrued interest net of that portion of the loan equal to the TIF
eligible expenditures made in conjunction with original and proposed improvements. That portion
of the TIF eligible expenditures would be paid to the Partnership as a reimbursement of those
expenses. We estimate that this will result in a payment to the City of approximately $450,000.
If you have any questions, please don't hesitate to call me. Thank you for your consideration.
Yours truly,
_J
�Oseph L. Guertin
General Manager
Health Care Facilities
JLG,�
cc: Mr. Jerome Gilligan
Dorsey & Whitney
Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402
•
S IHCAREICORRESPOILETTERSI199617401MORNSON LTR
St Anthony Nursing Home Ltd Part
Schedule of Real Estate Taxes
Proposed Projected"
1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 TOTAL
St Anthony Health Center
81 50510 132 11 R 282
31 30 23 44 0057 6 R 282
31 30 23 44 0060 2 R 282
31 30 23 44 0078 3 R 282
City 5,239 5,002 5,268 1,196 1,037 1,584 2,000 2,067 2,391 2,663 2,529 2,754 2,754 6,031 6,031 6,031 54,577
Other 35,825 34,146 35,384 6,158 6,553 6,750 9,559 10,443 11,098 11,855 11,379 12,327 12,327 26,993 26,993 26,993 284,782
Tax Increment 944 1,002 34,581 37,456 47,366 65,708 61,245 66,055 71,292 67,072 72,729 72,729 159,260 159,260 159,260 1,075,959
41,064 40,091 41,654 41,935 45,046 55,699 77,267 73,755 79,544 85,810 80,980 87,810 87,810 192,284 192,284 192,284 1,415,317
Chandler Place
31 30 23 44 0059 2 R 282
City 5,077 4,336 4,218 4,760 4,919 5,686 6,321 6,320 6,880 6,880 4,838 4,838 4,838 69,911
Other 26,138 27,402 17,972 22,749 24,853 26,389 28,140 28,429 30,799 30,799 21,659 21,659 21,659 328,647
Tax Increment"' 146,781 156,637 126,123 156,370 145,761 157,067 169,214 167,581 181,714 181,714 127,782 127,782 127,782 1,972,307
0 0 0 177,996 188,375 148,313 183,879 175,533 189,141 203,674 202,330 219,394 219,393 154,279 154,279 154,279 2,370,865
Tax Increment Loan (157,171) (176,729) (159,389) (197,725) (8,986) (700,000)
0 0 0 20,825 11,646 (11,076) (13,846) 166,547 189,141 203,674 202,330 219,394 219,393 154,279 154,279 154,279 1,670,865
Grand Total
City 5,239 5,002 5,268 6,274 5,373 5,803 6,760 6,985 8,077 8,983 8,849 9,634 9,634 10,869 10,869 10,869 124,488
Other 35,825 34,146 35,384 32,296 33,955 24,721 32,308 35,295 37,487 39,995 39,808 43,126 43,126 48,652 48,652 48,652 613,428
Tax Increment"' 0 944 1,002 181,361 194,093 173,489 222,077 207,007 223,122 240,505 234,654 254,443 254,443 287,042 287,042 287,042 3,048,266
41,064 40,091 41,654 219,931 233,421 204,012 261,146 249,288 268,686 289,484 283,311 307,203 307,203 346,563 346,563 346,563 3,786,182
Tax Increment Loan (157,171) (176,729) (159,389) (197,725) (8,986) (700,000)
41,064 40,091 41,654 62,760 56,692 44,623 63,421 240,301 268 686_289,484 283,311 307,203 307,203 346,563 346,563 346,563 3,086,182
Projected Real Estate Taxes for St Anthony Health Center assume that the proposed expansion is placed into service on January 1,1987
The estimated increase in taxable market value used for the calculation of future Real Estate Taxes is$2,000,000
Projected Real Estate Taxes assume estimated market values of existing properties and tax rates remain unchanged Title 11 tax adjustment
to Chandler Place becomes effective in 1998 based on refinance of Chandler Place on June 1,1996 St Anthony Health Center is not
eligible for Title II property status
The tax increment loan plus accrued interest totals$820,000 on 12/31/95 This loan will be prepaid net of approximately $370,000
in TIF eligible expenditures made in conjunction with original and proposed improvements to Chandler Place and St Anthony
Health Center,respectively The detail of these TIF eligible expenditures will be identified at a later date
W
J
H\123R5W\RICK\SA\TAXINCRE WK4
39
w
Ctrrent Market Valuation for Taxes payable in 1996:
Land Value 217,100
Building Value 3,992,900
Total: $4,200,000
Base Tax Rate 0.034
Extension Rate 1.536370
P
cti v--T a x Rate: 0.032237
Net Tax 219,394
Speciais 2,197
ciLy Fees -
Total Tax 5221,590
2-- 11 Tax Evaluation based on 1996 Market Value:
"fercen-toge Tiflc 11: 100.00%
Percentage Market Rate: 0.00%
Total: 100.00%
Current Base on Title H Percentage
N'ai,kct Rate Marl-et Fate Title II Rate To:,-Tax
Land Value 217,100 217,100 0 $217,100
Bui!dir,,g Value 3,982,900 - 3,982,900 $3,982,900
'70tal: $4,200,000 217,100 3,982,900 $4,200,000
Bsse lax Rate 0.034 0.034 0.023
Extension Rate 1.5366370 1.936370 1.936370
Effective Tax Rate: 0.052237 0.052237 0.0353137
Net Tax 219,394 11,341 140,742 Si 52,082
Specials 2,197 9197 52,197
City Fees $o
I otal 7ax 5221,590 13,537 140,742 5154,279
01/30/96 TUE 16:25 FAX 16123402644 DORSEY WHITNEY zoo0
34
. MEMORANDUM
TO: Michael Mornson
FROM: Jerry Gilligan
DATE: January 30, 1996
RE: Chandler Place
I have reviewed the January 26, 1996 letter from Joe Guertin of the Sage
Company to you concerning the proposed refunding of the bonds issued by the City
in 1985 to finance the Chandler Place project and have the following comments:
1. The City is under no obligation to issue the refunding bonds.
2. The 1985 bonds are callable on each June 1 and December 1 and because
• of federal tax law restrictions the refunding bonds may not be issued more than 90
days prior to the redemption date. This means that there is a 90-day "window" to
issue the refunding bonds ending on June 1, and if the refunding bonds are not
issued during this period the next "window" to issue the refunding bonds is in the
90-day period ending on December 1.
3. The expansion of the nursing home referred to in Mr. Guertin's letter
can only proceed if the request for an exception from the state moratorium on
nursing home expansion and improvements is granted by the State. At our
meeting last week the representatives from the nursing home indicated that they do
not expect the State to rule on its request until April. If the motatoriiim exception is
approved the nursing home will then need to arrange financing for the expansion
and make the other necessary construction arrangements. If the City were to issue
the refunding bonds this Spring and the basis for agreeing to issue the refunding
bonds is the expansion of the nursing home the City will need assurances that the
expansion will be completed. The City could require that the owner of Chandler
Place agree that it will not apply for the lower tax classification until the niitsing
home expansion is completed, or, provide for the delivery to the City of a letter of
credit or other form of security to secure the obligation to complete the nursing
home expansion. If the nursing home expansion is not completed the City could
draw on the letter of credit to cover the lost tax revenue. In additibn, the City may
wish to require an assessment agreement providing a minimum market value for
the nursing home.
DORSEY & WHITNEY P.L.L.P.
01/30/96 TUE 16:25 FAX 16123402644 DORSEY WHITNEY X003
�j O
4. Mr. Guertin is correct that the 1985 bonds could be refinanced on a •
taxable basis without City participation using FHA insurance and Chandler Place is
eligible to obtain the lower tax classification. However, this loan will carry a higfiei
interest rate and is clearly not as attractive to the owner of Chandler Place.
5. With respect to the tax increment loan, I think the payback of the loan
at this time on a discounted basis has merit and should be reviewed closely. For any
discount the City will need to be supplied with information as to what eligible TIF
expenditures the discounted amount is to be applied to. Presently, the loan is in
excess of $800,000, so the $450,000 repayment proposed by Mr. Guertin represents a
significant discount. However, the loan bears interest at a below market rate (3%)
and is not payable for 10 years so a discount makes economic sense at some amount.
In addition, the loan is a nonrecourse loan, secured by a second mortgage on
Chandler Place. Consequently, the HRA's security may be difficult to realize on
should the owner of Chandler Place fail to pay the loan when due.
JPG:jkt
•
DORSEY & WHITNEY P.L.L.P. 2
MEMORANDUM
DATE: January 29, 1996
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: FINANCIAL SUMMARY FOR NEW CITY
HALL/COMMUNITY CENTER
Building Revenues
Bond proceeds $2,650,000
City's cash $1.250.000
Total $3,900,000
• Building Cost
Base Bid $3,151,900
Architectural & special consultants $ 230,000
Demolition $ 160,984
Bond cost $ 30,000
Contingency $ 327.116
Total $3,900,000
Contingency Costs (to date)
Storm water $ 17,000
*Office furniture $ 15,000
Storage space $ 20,000
Asbestos removal $ 50,000
*Tennis courts $ 34,000
Playground area $ 20,000
Wall in Commons area $ 20.000
Total $ 176,000
* Currently, there is $34,000 budgeted in our Capital Equipment Fund for tennis courts
and $15,000 for office furniture.
•
Nz
CITY OF ST. ANTHONY
A JOINT RESOLUTION BETWEEN
ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT #282
AND THE CITY OF ST. ANTHONY REGARDING AN
ANNUAL CONTRIBUTION FOR A CITY HALL/COMMUNITY CENTER
BY SCHOOL DISTRICT #282
WHEREAS, St. Anthony/New Brighton School District #282 has requested certain
space and square footage in a newly constructed City Hall/Community
Center; and
WHEREAS, the School District will provide a $100,000 per year beginning in 1997
through 2016 (20 years) to pay for costs related to the operation and
maintenance and debt service on the space they requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St.
Anthony and the School Board of District #282 hereby approve payments by the School
District as outlined in the attached schedule.
FOR ST. ANTHONY/NEW BRIGHTON FOR THE CITY OF ST. ANTHONY
SCHOOL DISTRICT #282
School Board Chair Mayor
School Board Secretary/Treasurer City Manager
•
O1/14i96 09: 44 FST 612 223 3002 SPRINGSTED INC. X002.00;
- Gity of Saint Anthony,
Minnesota 413
City Hail 6ommunity Center Complex
• Cost Allocation Schedule
Year of School DiStrIct -
/Main DIS Total Exp. Contribution
maturity( 2) (3) (4) (�)
1996 $0 $64,422 $64,422 $0
1997 28,456 83,893 112,349 100,000
1998 29,310 83,805 113,114 100,000
1999 30,188 83581 113,770 100,000
200031,096 83,242 114,337 100,000
2001 .32,027 -.- 42,784 114,812 100,000
2p02 32,988 83,896 116,884 100,000
2003 33,978 83,142 117,120 100,000
2004 34,997 83,926- 118,923 100,000
2005 36,047 84,499 120,546 100,000
2006 37,129 83,189 120,318 100,000
2007 38,242 83,402 121,645 100,000
2008 39,390 85,054 124,443 100,000
• 2009 40,671 84,720 125,292 100,000
2010 41,789 84,144 125,932 100,000
2011 43,0442 0 43,042 100,000
2012 44,333 0 44,333 100,000
2013 46,663 0 45,663 100,000
2014 47,033 0 47,033 100,000
2015 48,444 0 48,444 1Od,000
2016 4..98 Q 4%89L 1Q9,O.QQ
Totals: $764.623. SIZU,619 $?,�21• -MO.,.00,Q
Occupied O&M
E1i14I&O, IAL66A 1d QsWpied Ss1-def
9;327 22,805
Gly
13D
G mnaswm6 2.071
v., 3.10
Pubilc Areas ' 2
X72 10% 41,4 124L47-�
Prepared: 18-Jan-96
SPRINGSTED Incorporated
Wn968mM
01/13/96 09:a5 F.k-X 612 220 0002 SPRINGSTED INC. ?1000.001
4 City of Safnt Anthony, Minnesota
City Hall Community Center Complex •
east Allocatlon Schedule
Year of _. City
Maturity Op/Maln ' DIS Total Exp. Contribution
(1) (2) (3) (4) (5)
1996 $0 $128,882 $18882 $240-000
240,000
1997 34,764 187,83+4 2b2,598
1998 35,807 . 187,858 X03,465 240,000
1999 36,881 _ 167,211 204,092 240,000
2000 37,987 166,833 204,520 240,000
200139,127 :-165,616 204,743 240,000
2002 40,301 187,839 708,140 240,000
2003 41, '166,333 207,843
510 240,000
2004 42,755 187,899 210,655 240,000
2005 44,038 169,046 213,084 240,000
2006 45,359 166,426 211,785 240,000
2007 46,720 166,353 213,573 240,000
2008 48,121 170,156 218,278 240,000
2009 49,665 169,490 219,055 240,000 •
2010 51,052 168,336 219,388 240,000
2011 52,584 0 52,584 0
2012 54,161 0 54,161 0
2013 55,788 . 0 55,786 0
2014 = 57,659 0 57,459 0
2015 - 59,183 0 59,183 0
2016 X89 Q 8Q95;3 Q
Totals: =4AZQ ;-2,A7-6-,11.2 � 0 X3,600.000
pall from G'eneMl F"Uhd Trarl9f6rs
ityl9tQa Iotsl.Et °rticut Fit 8qe
City '10;388
4,62h 48. 03°�p 1 ,327
3, �$ 1 ,$21ISD ,. .2�0 � 4
Gymnasium 6,256Q. .71 5,32
Public Areas 10,302 �.
QQ6_ 1;4�2 X1,47
Prepared on: 18-Jan-96
SPRINGSTED Incorporated
SW96B.04
01%13/96 09: 15 F.�U 612 223 5002 SPRINCSTED INC. 200. , 004
c�S
City of Saint Anthony, Minnesota
• City Mall Community Center Complex
Cost Allocation Schedule
ISp CumulaliVe
Net Operation $ - - _ Re�aYmenr Sources
Capttai Captial
Year of Qebt Maint. Total ISD Co tr b Available m4ilablre
Maturity Service Expense} Expenses Contrib. 7 8
(1) (2) (3) (4) - (5) (6) ( ) ( }
1895 $193,304 $0 $193,304 $0 $240,000 000 $59,817 1$06,513
1997 261,728 28,456 280,183 100,000
000 240,000 59,228 165,741
1998 251,463 29,310 280,772 100, .
1959 250,793 30,189 280,981 100,000 240,000 59,019
224,769
2000 249,775 31,095 280,870 100,000 240,
000 59130 �83,80Q
2001 248,400 32,027 2$0,427 100,000 240,000 59,573 343,462
2002 251,735 321988 284,723 100,000 240,000 55,277 398,736
2003 249,475 33,978 2$3,463 : 160,000 240,
000 56,547 x55,286
-
240,000 53,178 508,464
2004 251,825 34,997'- -"286,822 ' 100,000
2005 253,545 36,047 . 289,592 - 100,000 240,000 50,408 558,871
240,000 5�,256 612,128
2006 249,615 37,129 286,744 = 100,000 240,000 51,503 663,630
2007 250,255 38,242 28$,497 100,000
20A8 255,210 39,390 294,60 100,000 240,000 46,400 709,031
1 100,000 240,000 45,2119 754,219
• 2009 254,210 40,571 294,78
, 294,269 100,000 240,000 45,731 799,981
2p10 252,480 41,789
0 56,958 856,939
2011 0 431042 43,042 100,000 0 55,667 912,605
2012 0 44,333 44,333. 100,000 0 54,337 966,942
2013 0 45,663 45,663 100,000 0 52,967 1,019,908
7,033 - - 100,000
2014 0 471033 - 4 . :
2415 0 48,444 - 444 100,000
48, 0 51,556 1,071,464
2015 R 49'898 1001QM 4 5Q,IQ2 1.,�21,5f
Totals: Z.1 U. $76 3 �4,_4Z��34 $.2,4�OOD $.3�O,Q4� $1..121, 6
� Q�srat�on crib'tulelRt�iisrick Eicp`en"s��, ,,
Anriul �altibh Ratti: _ .�►ri 3.pOdl�
j U8=
Prepared on: 18-Jan-96
SPRINGSTEQ Incorporated
Sten958mM
LEASE
• THIS LEASE is entered into as of the day of ,
19 , by and between the CITY OF ST. ANTHONY, a municipal corporation under
the laws of the State of Minnesota, (hereinafter called "Landlord") and ST.
ANTHONY/NEW BRIGHTON SCHOOL DISTRICT #282 (hereinafter called "Tenant"),
Landlord, in consideration of the rents and covenants herein, does hereby Demise,
Lease and Let unto the Tenant, and the Tenant does hereby hire and take from the
Landlord the following described premises located in the County of Hennepin and the
State of Minnesota, viz:
That portion of the building (hereinafter called the "Building") located at
3301 Silver Lake Road, and legally described on Exhibit 2 attached hereto
and made a part hereof (the "Property"), which leased portion of the
Building is shown crosshatched on Exhibit 1 attached hereto and made
a part hereof (the "Leased Premises").
TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on
the part of said Landlord of making any alterations, improvements or repairs of any kind
on or about the leased premises except as provided herein, for the term of twelve (12)
months commencing January 1 , 1997, unless terminated at an earlier date as
• hereinafter provided.
ARTICLE 1 . RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota
55418, or at such other address as may be designated by Landlord, without prior
demand and without any deduction or set-off, in monthly installments of
$8,333.33 for January 1 , 1997 through December 31 , 1997, for a total annual
rent in the amount of $100,000.00 for 1997. Attached to this Lease is the
expectant payment schedule from the School District over the next 20 years
(1997 -2016).
ARTICLE 2. TERM.
The term of this lease shall be twelve (12) months commencing on January 1 ,
1997 and terminating on December 31 , 1997 unless terminated at an earlier
date as hereinafter provided.
ARTICLE 3. UTILITIES AND SERVICES.
• Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, and snow removal, but Landlord shall not be liable for any
q-7
City of St. Anthony
School District #282
Page 5 •
provided, however, that Landlord may reserve for Landlord's exclusive use not
more than ten (10) existing parking stalls and any new parking stalls added by
Landlord, which stalls Landlord may mark by a sign or signs indicating Landlord's
reservation.
In addition to the use of the Common Areas, Landlord and Tenant contemplate
the use of the Cafeteria and Gymnasium for various community events. Landlord
shall, for the term of this Lease, be responsible for the scheduling of events and
the collection of fees for such events according to a rental fee schedule
satisfactory to Landlord. All events other than events of Landlord or Tenant,
shall be subject to rental fees in accordance with the rental fee schedule. Tenant
shall schedule no event for which adequate insurance (with respect to both
coverage and cost) is not, in the opinion of Landlord, available. For purposes of
this Article 9, insurance coverage shall be deemed adequate if the proposed user
shall carry comprehensive general liability insurance with limits at least equal to
those required of Tenant in Article 4 hereof. Except for current methods of
scheduling and such modifications as are agreed upon between landlord and
Tenant, Tenant shall schedule no event which, at the time of scheduling,
conflicts in time with any scheduled Landlord event or Landlord-sponsored event.
Landlord will not convert the Cafeteria or Gymnasium to different uses during the •
term of this Lease without providing similar space for continuation of the
community services events.
Landlord shall be responsible for the maintenance and cleaning of the Common
Areas, the Gymnasium and the Cafeteria, except that Tenant shall be responsible
for cleaning the Gymnasium and Cafeteria after any Tenant or Tenant-sponsored
events scheduled by Tenant pursuant to this Section, and for repairing any
damage occurring at or as a result of such events. Landlord will be responsible
for repair and maintenance of the Building.
ARTICLE 10. ASSIGNMENT OR SUBLETTING.
Tenant shall not assign this Lease or sublet said premises, or any part thereof,
whether by voluntary act, operation of law, or otherwise, without obtaining the
prior written consent of Landlord in each instance; Tenant shall seek such
written consent by a written request therefor, setting forth such information as
Landlord may desire. In the event that a bona fide sub-tenant or assignee is
proposed to Landlord by Tenant, and Landlord is unwilling to consent to such
proposed subtenancy or assignment, Landlord shall have the right, at Landlord's
sole discretion, to terminate this lease upon thirty (30) days written notice to •
Tenant in lieu of consenting to such proposed sub-tenancy or assignment.
consent by Landlord to one assignment of this Lease or to one subletting of the
q8
•
November 6, 1995
Mr. Mike Mornson
St. Anthony Village
3301 Silver Lake Rd.
St. Anthony, MN 55418
Dear Mike, '
The following summary shows the revised cost breakdown for the new City Hall & Community
Center. It is based upon Graus Construction's contract amount with the City, $3,151,900
(which includes add alternate #1, kitchen equipment); plus professional fees, $230,000; plus
our cost estimate for the demolition of the existing building, $160,984. We continue to use the
figure $230,000 in order to be consistent with previous estimates and provide for anticipated
additional professional expenses. We do not expect to exceed this amount, but do anticipate added
fees to include Bakke, Kopp, Ballou & McFarlin's civil engineering work by Joel Maier, and
• added costs to design the council desk and podium, dedication plaque, exterior signage and
payment drop-off box.
hope this summary meets your needs. If you have any questions, please call.
Sincerely,
qN*Ovl--
Elizabeth
Herrmann
WLLIAmSiO8RIEN ARCHRECTS.INC. 1111 3rd AVENUE SOUTH SURE 158 MINNEAPOUS.MN 55404 812 93&8981 ARCHRECTS/PLANNER
�9
COST SUMMARY AFTER BID AWARD •
ST. ANTHONY COMMUNITY CENTER
Date: 11/06/95
Costs are based on low bidder's contract amount, plus professional fees, plus Williams/O'Brien's estimate of
demolition.
• Costs include site development costs.
• Costs include add alternate#1,kitchen equipment.
• Costs include fire sprinkler system in all spaces.
• Costs include limited furnishings(cabinets&counters).
• Costs include demolition costs.
• Costs include consultants'fees.
• Costs do not include hazardous materials removals.
• Costs include contractor supply& intall of exterior site sign, cast dedication plaque, and council bench & podium;
they do not include W/O design of these items.
• Costs do not include relocation/moving costs.
Gym Storage & Gymnasium: aa��, \O O U b vM X--
Gross Area: 6,256 S.F.
Cost per s.f.: $90.61
Cost: $566,862 (includes$36,800 fees&$25,757 demo)
Public Areas: (includes Council Chambers & Conference RZT�ac)l
Gross Area: 10,302 S.F. <t 1 C�1 T � A �A_ \ O� �
Cost per s.f. $89.41 1 C��`�. a�� �C� i
Cost: $921,150 (includes$59,800 fees& $41,856 demo)
City Hall & Police:
Gross Area: 14,526 S.F. fA\` C \ � z\-VV-(5 v 'a.S c 1,1�_
Cost per s.f.: $85.36
Cost: $1,240,009 (includes$80,500 fees& $56,345 demo)
Community Services: 1\ ':SCh00L\
Gross Area: 10,388 S.F. — 1
Cost per s.f.: $78.44
Cost:$814,863 (includes$52,900 fees&$37,026 demo)
Total Area: 41,472 S.F.
Average cost per s.f.: $85.43
TOTAL COST: $3,542,884
Comg_arison with Previous Estimates:
Previous Estimate date: 10/18/94 2/6/95 6/6/95 7/7/95 9/25/95
Total Construction Cost: $3,573,906 $3,693,206 $3,640,722 $3,660,222 $3,826,028
Total Area: 45,165 S.F. 46,830 S.F. 42,675 S.F. 43,010 S.F. 41,472 S.F.
Cost per s.f.: $79.13 $78.86 $85.30 $85.10 $92.36
•
So
• FACILITY USAGE
COMMUNITY CENTER
CITY OF ST. ANTHONY
The Community Center belongs to the residents of St. Anthony. The meeting
rooms, the gymnasium and the facilities of the Community Center are the City of
St. Anthony's greatest assets. Providing groups and organizations an opportunity
to utilize these facilities is an important part of using our resources to the fullest.
The City of St. Anthony will be responsible for coordinating rental and scheduling
use of the Community Center facilities. Fees will be charged for using the facilities
when appropriate. These fees help to cover the cost of maintaining the facilities
that are beyond normal operating and maintenance costs. A schedule of fees and
when they will be charged is listed below.
Procedures
1 . Obtain a facility usage form from the City of St. Anthony by calling 789-
8881 or stopping by the City Hall, 3301 Silver Lake Road, St. Anthony.
2. File the application with the City as soon as possible to insure that the
facilities are available for your use on the date of your event. The scheduling
• of all events are on a first come basis.
3. The applicant/organization agrees to assume all responsibility for damage or
liability of any kind and further agrees to hold the City or the School District
harmless from any liability and/or expense in connection with the use of the
Community Center facilities under this agreement. The City may require the
applicant/organization to furnish a certificate of insurance to guarantee the
conditions of this agreement or any liability incurred by it. Payment of any
fees is required when the application is filed with the City.
4. Cancellations must be made 72 hours in advance of the scheduled event.
Notices received later than 72 hours will be subject to 50% of the rental rate
as a cancellation fee.
5. The City of St. Anthony reserves the right to cancel any reservation should
the need arise. Cancellation would result if an emergency condition is
declared. Instances of an emergency might include the institution of state
energy conservation regulations, closure of the facilities due to the eminent
possibility of dangerous weather conditions or a public health threat, or the
immediate need for a public hearing. Should cancellations occur for the
above-stated reasons, the City would try to find other accommodations or
• reschedule.
S/
Rules •
Mutual consideration and respect are needed in order to provide usage of the
Community Center. The following rules exist to protect these facilities that are
owned by the City and its residents. They will be adhered to when using these
facilities.
1 . Regularly scheduled and publically noticed activities of the City shall have
first priority in the use of the Community Center facilities.
2. City equipment (i.e., audio-visual equipment, chairs, tables, etc.) is available
but must be requested at the time of the application for use of the facilities.
The appropriate fees will be charged.
3. It is the renting organization's responsibility to clean up the facility being
used. There will be additional charges for take down and clean up if the
renting organization does not fulfill their obligations in returning the room to
its original order.
4. All activities must be supervised by an adult, (21 years or older). Applicants
must supply additional special supervision that they require, i.e., police
protection, parking lot attendants.
5. The renter is liable for personal injury or property damage. •
6. Soft-soled shoes will be worn on the gymnasium floor.
7. Decorations must be fireproof. Putting materials on the floors, walls or other
structures of the building must be reviewed with City Staff and listed on the
application.
8. Facility usage permits shall be cancelled for just cause.
Rental Fees
Applicants/Organizations desiring the use of the facilities are classified into the
following categories:
Class A: School organizations, community groups or not for profit individuate
providing services or activities for the youth of I.S.D. #282 non-profit community
groups and local civic organizations (i.e., Chamber of Commerce Kiwanis) Certain
circumstances may require fees.
Class B: Political groups and religious/church organizations. School
organizations other than SANB I.S.D. #282 community groups or not for profit
individuals providing service for activities for non-resident youth, non-profit
comminity groups and local civic organizations that are located in St Anthony
sz
Class C: Commercial and business organizations.
Community Service Activities are paid for with the lease between the City and the
School District. The Sports Boosters charge for janitorial services is made up with
their $10,000 contribution.
Council Chambers
Class Fee
A $15.00/Hour
B $35/Hour*
C $100/Hour
Gymnasium
Class Fee
A $25.00 Maintenance Fee (4 hrs. of
useage)
B $30.00/Hour (Large)
B $20.00/Hour (Small)
C $50.00/Hour (Large)
C $35.00/Hour (Small)
Kitchen
Class Fee
A $15.00/Hour
B $20.00/Hour
C $30.00/Hour
Community Meeting Rooms
Class Fee
A No Charge
B $10.00/Hour
C $20.00/Hour
Equipment Rental Fees (per day charges)
VCR, TV $20.00
Microphones with cables $ 5.00
Video Camera & Recorder $25.00
Additional Personnel
The need for additional personnel will be determined by the City at the time of the
permit application. *No extra charge will be made for custodians at times when
they are regularly on duty.
• Custodial $31 .00/0 .5)Hour
$41 .00/(double-time)Hour
$51 .00/Hour Holiday Pay
3 ain th®n
ilia e i
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
City Hall/Community Center
Facility Reservation Form
Home Day
Name Phone Phone
Address
Name of Group or Organization
Class A: School organizations, community groups or not for profit individuals providing services or activities for the youth of
I.S.D. #282, non-profit community groups and local civic organizations, i.e., Chamber of Commerce, Kiwarns.
Certain circumstances may require fees.
Class B: Political groups and religious/church organizations. School organizaitons other than SANB ISD #282, community
groups or not for profit individuals providing service for activities for non-resident youth, non-profit community
groups and local civic organizations that are not located in the City of St. Anthony.
Class C: Commercial and business organizations.
Date(s) Wanted Day(s) Sun Mon Tue Wed Thur Fri Sat
Room Requested Fee
Council Chambers Gymnasium
Kitchen Community Meeting Rooms
Which one?
Equipment Needed Fee
I hereby certify that I am an agent of the above named group or organization and am authorized
to accept in their name the responsibility for observance of the rules and regulations of the City
of St. Anthony. In accepting this arrangement, rentee agrees to assume all responsibility for
damage or liability of any kind of further agrees to hold the City of St. Anthony and its
representatives harmless from any liability and/or expense in connection with the use of the City
Hall/Community Center facilities.
•
Signature of Responsible Person Total Fee
S-,v
ST. ANTHONY CITY HALL/COMMUNITY CENTER
• FACILITY USAGE FEE SCHEDULE
Council Chambers
Class Fee
A $15.00/Hour
B $35/Hour*
C $100/Hour
Gymnasium
Class Fee
A $25.00 Maintenance Fee (4 hrs. of
useage)
B $30.00/Hour (Large)
B $20.00/Hour (Small)
C $50.00/Hour (Large)
C $35.00/Hour (Small)
Kitchen
Class Fee
A $15.00/Hour
• B $20.00/Hour
C $30.00/Hour
Community Meeting Rooms
Class Fee
A No Charge
B $10.00/Hour
C $20.00/Hour
Equipment Rental Fees (per day charges)
VCR, TV $20.00
Microphones with cables $ 5.00
Video Camera & Recorder $25.00
Additional Personnel
The need for additional personnel will be determined by the City at the time of the
permit application. *No extra charge will be made for custodians at times when
they are regularly on duty.
Custodial $31 .00/0 .5)Hour
$41 .00/(double-time)Hour
• $51 .00/Hour Holiday Pay
SS
•
MEMORANDUM
DATE: January 8, 1996
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
• ITEM: GYM USAGE FOR THE SPORTS BOOSTERS
Mike Peterson of the Sports Boosters informed me that the Boosters average
250 hours of usage for basketball at the Community Center building. The 250
hours are spread out over approximately 4 months, from November to
February.
•
s4
• TO: Mike Mornson, ity Manager
��
FROM: Kathy Knapp, Director of Community Services
DATE: January 8, 1996
RE: Your request for information on facility utilization of
the existing community center
1 . The current gym is in use from approximately 6: 30 a.m. to
6 :00 p.m. , Monday through Friday for Community Services
programs . Community Services also uses the gym throughout
a calendar year during the week or on the weekends for a
variety of classes and activities such as : Dog Obedience,
Family Gym Nite, Basketball for Adults, Jazzercise, Teen
Time, Dance, Volleyball, Walking Program, Halloween Carnival,
Egg Hunt , Variety Show, etc. These classes are held on a
quarterly basis . As you are well aware, Community Services
programs are eliminated and developed, based on community
need.
2 . The current gym is in use from 6 :00 p.m. to 10 : 00 p.m. ,
Monday through Friday, on Saturdays from 10 :00 a.m.
through 5 :00 p.m. , and on Sundays from 11 :00 a.m. to 2 : 00
• p.m. and from 4 : 00 p.m. to 7 :00 p.m. , beginning in September
through May for Sports Boosters basketball . They begin to
use the facility the heaviest from October through March and
It is used less frequently in September, April, and May.
Sports Boosters also use it periodically throughout the
remaining months of the year for a variety of purposes .
3 . Other community groups use the gymnasium based on a space-
available basis and around the schedules of Community
Services and Sports Boosters . The City of St . Anthony
however, has priority and does use it for elections, and
occasionally the police department will reserve the gym.
Other community groups and/or organizations who utilized the
gym this past year include: high school, Family Life In
America, and Nativity Lutheran Church.
4. Community groups that use space other than the gym include:
Huskie football parents and players, Minnesota Department of
Education, Arsenal Clean-up Project , Girl Scout Cookie Pick-
Up, Minnesota Swim, Foss Road Homeowners Assn. , Mirror Lake
Homeowners Association, Medica, St . Anthony Civic Orchestra,
6 Cub Scout Packs, 1 Boy Scout Troop, 1 Brownie Troop, 5 Girl
Scout Troops, and 1 Campfire group, Sports Boosters
Administration, Basketball Sign-up, Baseball Sign-up, T-Ball
Sign-up, Softball Sign-up, Soccer Sign-up, Fall Soccer Sign
up, Football Sign-up, Baseball Pictures, Football Meetings,
• NYSCA Coaches Clinic, Minnesota Recreational Soccer League,
Soccer Referee Clinics, Charitable Gambling Board Meetings,
High School/Middle School Dances (only when H. S. space is
unavailable) , Sports Boosters Parents Meetings,
S7
i
5 . Those above mentioned groups that are assessed a fee include:
Minnesota Department of Education
Arsenal Clean-up Project
Foss Road Homeowners Association
Mirror Lake Homeowners Association
Family Life In America
Nativity Lutheran Church
Medica
Community Services rented both the Senior Citizen room and
room 4 to the Minnesota Department of Education, Arsenal
Clean-up Project , Foss Road Homeowners Association, Medica,
and Mirror Lake Homeowners Association. The total revenue
for this space during fiscal year 94-95 was approximately
$235 .00. Due to a recent change in policy and some
confusion, fees were not assessed both Family Life In
America or Nativity Lutheran Church. Should either
of these groups reserve space in the future, both will be
charged the appropriate rates . The revenue lost was
approximately $60.00 The total—pot,�!ntial revenue for FY94-95
in the Community Center was295.00
•
•
8� SAINT PAUL PIONEER PRESS THURSDAY,JANUARY 18, 1996
5 Y
SUBURBS
44
A •.�✓ommumty center's first
M. l
_ ' ear ending with deficit
parent who lives in an apartment
<BEN CHANCO STAFF WRITER
,� too small to hold a meeting.
;,_ "Now she has a place to lead a
�he finalCenter cub pack meeting," 'Benke said.
-i,fui g u r e s memberships are "That's why we call it a family
aren't in yet, available for service center."
.,'bbt prelimi- residents at But Anderson said there still is
ppry esti- $250 a year, a cost to clean the rooms and set
;,Mates show -$350 for others. up the-coffee pots for community
--the $5.2 mil- Call 638-2130. meetings.
w lfon New "We're busier than we thought,
,righton Family Service Center but we've also brought in less than
Ilcpuldn't cover the costs of keeping we thought," he said. "Nonprofit
=its doors open in 1995. groups come in here with no mon-
3 Maurie Anderson, parks and ey in their hands.":
"=`r6creation director, said the city Anderson said the-'city council
•`,.could be facing a $60,000 deficit would like the building to come as
for the center, opened in Decem- close as possible to breaking even,
=i, 1994 as the New Brighton's, but it also wants to provide servic-
61 community gathering,place. es.-
;_';But City Manager Matt Fulton The deficit could be budgeted as
2rwid it isn't time to panic. , a service charge. in-the future,
• =�This is our first year of opera- which is the way Shoreview han-
tion, and we're still learning," Ful- dles it, he says. The budget,for the
ton said of the center, built to Shoreview Community Center in-
serve the 22,300 residents of New cluded $180,000 of taxpayers'-
Brighton and others in neighboring 'money to allow community use of
communities. the center at no charge.
Mayor Bob Benke said the cen- Benke said it is questionable-
ter 'was,projected to lose money whether•the New Brighton center
for three years anyway. will ever break even. - '
"Like any new business, it has a, "We might not be able to, -the
few problems," 'Benke said. "But -mayor said. "But we could consid-
the building already has been a er it.like an outdoor-park. Play-
good benefit for the community." grounds don't`break even either."
Anderson,said.-the $60,000 defi- Fulton said there will be a coun-
cit, which will be covered by,mon- cil, -work- session on the center
ey from.the general fund,matches - sometime in February to discuss
almost dollar:for dollar the time options.
and services 'given. to nonprofit "We do know the building is
community groups. heavily utilized, but it's not bring-
: Groups such as the Boy Scouts, ing in a lot of money," he said.
the League of Women Voters, the "But without it, we would have
historical society, the Stockyard had to find other places to accom-
Days committee, neighborhood plish what we did for the commu-
crkne watch and seniors get free nity."
useof meeting rooms, he said. The two-story center, at Old
The school district, which con- Highway 8 and 10th Street, does
tributed $800,000 toward the not have a swimming pool like the
building, has space for early child- bi er communitycenters in
hood and family education pro- Shoreview and Mapewood.
grams.
That's why Fulton said the defi- It does have a large indoor play-
cit should not be construed as a ground, a gymnasium, a walking
deficit. and running track, an exercise
"It's really a service charge, room, meeting rooms, and a re-
Fulton said.. ception room with a dance floor
Benke said the center has been and kitchen to rent for weddings
the perfect place for the Cub Scout and other parties.
Sq
•
January 9, 1996
Mr. Mike Morrison
St. Anthony Village
3301 Silver Lake Rd.
St. Anthony, MN 55418
Dear Mike,
We have received a dollar amount from Graus Construction to provide the site changes required
by the Rice Creek Watershed District. Joel Maier at BKBM has reviewed Graus's price and finds
it fair. The Proposal Request, a form which summarizes the additional work and formally asks
Graus to submit a price, is attached. The Change Order form, when signed by all three parties,
will authorize Graus to execute the work at the stated price. As you recall, Graus signed an
agreement with Rice Creek Watershed in October, at the City's request, stating that they will
perform the work in order that a permit be issued without delay. If the price meets your
• approval, sign and return the original Change Order and attached P.R to me. I will return a
fully executed copy to you. Please call if you have any questions.
Sincere) ,
Elizabeth Herrmann
•
WILLIAMS/O'BRIEN ASSOCIATES INC. 1111 THIRD AVENUE SOUTH, SUITE 156 MINNEAPOLIS, MN 55404
ARCHITECTS/PLANNERS
612-338-8981 FAX 612-338-8982
CHANGE OWNER ❑
ARCHITECT F�
low ►RDER CONTRACTOR ❑
FIELD ❑
AIA DOCUMErVT G701 OTHER ❑
•
PROJECT- ST.ANTHONY CRY HALL BCOMMUNITY CTR, CHANGE ORDER NUMBER. 1
(name, address) SILVER LAKE RD.AT 33RD
ST.ANTHONY,MN DATE: JANUARY 4,1996
TO CONTRACTOR: ARCHITECT'S PROJECT NO: 9214
(name, address) CONTRACT DATE:
GRAlJSCONSTRUCTION COMPANY OCTOBER,1995
P.O.BOX 34 CONTRACT FOR: GENERAL CONSTRUCTION,INCLUDING
HASTINGS,MN 55033
MECHANICAL AND ELECTRICAL
The Contract is changed as follows
1.SITEIDRAINAGE REVISIONS PER P.R.p1;SHT.A1.1 DATED 9/25195 AND REVISED 10/18/95 ADD $17,220.00
AND SPEC SECTION 02710.
NET CHANGE $17,220.00
Not valid until signed by the Owner, Architect and Contractor.
The original(Contract Sum)(Guaranteed Maximum Price)was $ 3,151,900.00
Net change by previously authorized Change Orders 3 00.00
The(Contract Sum)(Guaranteed Mammum Price)prior to this Change Order was $ 3,151,900.00
The (Contract Sum) (Guaranteed Maximum Price) will b (increase (decreased)
(unchanged)by this Change Order in the amount of 3 17,220.00
The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order will be $ 3,169,120 00
The Contract Time will be(increased)(decreased) unchanged by ( )day s
The date of Substantial Completion as of the date of t lis Change Order therefore is DECEMBER,1996
NOTE This Summar% docs not retied changes in the Contract Sunt,Contract Timc or Guaranteed NlaXIML1111 Price a hich 11.1\C been.uilhon'rcd h%
Construction Change Directi%c
THE CRY OF ST.ANTHONY VILLAGE
W ILLIAMS/GBRI EN ASSOC GRADS CONSTRUCTION
.ARCHITECT CONTRACTOR OV('NF.R
1111 THIRD AVE.S.,SURE 156 P O.BOX 34 3301 SILVER LAKE RD.
Address Addrea, Address
MINNEAPOLIS,MN 55406 HASTINGS,MN 55033 ST.ANTHONY,MN 55418
BY BY BY
DATE DATE DATE
CAUTION: You should sign an original AIA document which has this caution printed in re
An original assures that changes will not be obscured as may occur when documents are reproduce
AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA' • 01987 • THE
A,V1ERICAN INSTITUTE OF ARCHITECTS, 1715 NE%X YORK AVE N Vt , WiVsHINGTON D C. 200116 G701-1987
WARNING.Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
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• - ..7N�.:-Fr. - :{'� T _ t _ C-a +V' f`^...tr __'333 t��_,�,.
PRO C"KAJJ_a COMMUNITY CTR:::_ '`:a - _,PROPOSAL.RE- UFST NO.':. ';, :�'...
SL
vER inwcE RD.At33RD :, , _ i Or;
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fNameandaddtess) :'. ;-L.rxfi, "s� t:w R:• ;'' _ = :tSti.Lj .
s :ST.ANTHogy.MN
' `•:j7i .E �,..�.1� 1 i.!'I^y
M11-
DATE OF ISSUANCE: =i•.,.NOVEMBER 14-1995
'':
` i rfl4 /u1t�SGE14ffMCONSTRJMM ria lmn r=
a L7•�t•a;`,. : :: - :,i.s: Cr- - CONTRA�T''FOA: AX-CHwNICAI_AMEI.ECTRICAL
CITY OF ST.ANTHONY VLLAGE
OWNER: U;... , _. -
(Na—and add—) CONTRACT DATED: OCTOBER .1995
ARCHITECT'S PROJECT NO.: 9414
TO CONTRACTOR: GRAUSCCNSTFLcrC ARCHITECT: Wl11MASIOBRIENASSOC
(Name and address) P.O'BOX 34 (Name and address) 1111 THIRD AVE S.,SURE 158
HASTINGS,MN 55033 MINNEAPOLIS,MN 55404
Please submit an itemized proposal for changes ,n the Contract Sum and Contract Time for proposed modifications to the Contract
Documents described herein.Submit proposal within 7 days,or notify the Architect in writing of the
date on which you anticipate submitting your proposal.
THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK
DESCRIBED IN THE PROPOSED MODIFICATIONS.
Description:
(insert a written description of ibe Work)
• PROVIDE SITE AND DRAINAGE CHANGES AS INDICATED BY REVISED SITE DRAWING(DATED 9-25-95 AND REVISED
10-18-95) AND SPECIFICATION SECTION 02710 ATTACHED.
Attachments
(List aitacbed documents that support Ilex rviciii)
—44T Al � re`� ��L�
PI'Q1 FtiTED 13'1 �^
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1.01 CONTRACT CONDITIONS
A. Drawings and Genual ProvisiOus of the Contract,inhaling General end Stapplemantery condiWas and
Division- 1 Specifications apply to this Section.
1.02 SUMMARY
A. work wider this Section includes all labor, materials, services and imPiprnent necessary to properly
complete the subsurface drainage system:
B. RELATED SECTIONS
1. Section 02200 -Earthwork
1.03 REFERENCES
A. MnDOT,Minnesota Departme>Y.of Transportation Standard Specifications for Construction 1988 edition,
and its eorrespomling May 2, 1994 Supplemental Conditions. Only applicable portions of construction
methods and materials apply. Reference to methods of measurement of payment are not applicable.
B. ASTM D2321-89, "Practice for Underground Installation of Tlternloplastic Pipe for Sewers and Other •
Gravity-Flow Applications."
C. ASTM D2564, 'Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings."
D. ASTM D2855-90, "Practice for Making Solvent-Cemented Joints with Poly (vinyl Chloride) (PVC) Pipe
and Fittings.
E. ASTM D4491-92, "Toot Mothuds for Water Ponueabibry of Geotextiles by Permittivity."
F. ASTM D4632-91, 'Test Method for Grab Breaking Loral and Elongation of Oeotextiles.'
G ASTM D4751-87, 'Test Method for Determining the App&mnt Opening Size of a 0—toytilo.-
H ASTM F405-89, 'Corrugated Polyethylene (PE) 7\rbing and Fittings."
1.04 SUBMITTALS
A Comply with Division One - SUbiDittAim
B Mill Certification of nrntenais for pipe and joint nuvenals
C Contractor slain subtaw allgumeut and grade report.
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'S�emjti�~��j -�al,r;�'.4��`r;. - :Li�'�^i•L:�9.� `c,�,.-,_,' , �.iL. ,�u. � .•
A, lit8red landreurveyotr'or`pro�OAt3N11'60g1>d9B�.to'eti11B11 r�AlitAl�Apd VeftiCAl CO>�TO)): ,d.._ ataq"1:
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The Owner will employ a Geotechnical Sogitseer to feet soil matetiale,itnd-observe installation of pipe
" foundation materials in accordaaoe with Seotiou 02200=Eacthwork.r9ito SWIM
1.06 PROJECT RECORD DOCUMENTS
A. Submit documenta in accordance with Division One.
1.07 REGULATORY REQUIREMENTS:
A. Comply with local regulations.
B. Provide minimum 72 hour notice to utility companies and public agencies whose lines, equipment and
facilities are in vicinity of proposed excavation operations regardless of location.
C. Coordinate utility work to protect existing and concurrent construction. Obtain approval prior to
intemtption of axisting utilities.
1.08 DELIVERY, STORAGE AND HANDLING
A, Storage:
1. Stora pipe and appurtenances to prevent damage by weight deflection, heat, sunlight or other
• environmental conditions. If a specific pipe material is subject to deformation from specific
environmental conditions, deliver and store pipe in enclosed or shaded transport with controlled
environment as necessary to protect pipe.
B. Handling:
1. Take extreme care in the handling of pipe to prevent damage prior to installation; protect ends of
piping materiiils including fitting$ from damage prior to jointing.
1.09 SITE CONDITIONS.
A. Lengths tndicatwl on the Drawings are for inforniation only. Furnish lengths as rWiired.
PARR PRODUCTS
2.01 MATERLk S
A Stibdratnage Pipe and Fittings.
Portoratod Corrugated PE Tubuig and Fitttnge - ASTM F405
Ptirforxrtom sh,dl be 3/16 to 3/8 trteh diaineter, t plk-xi 3 inehee center to contor and have two rows
of holds for a_lr,ch pipe and four rows for 6 to 10 toch pipo.
•
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s r. VAM tsdetlon within tbe,followmg limits%'
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No.4 90- 100 `8
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No. 10 45 -90
No.40 IS-4S ,
No.200 0-3
C. OEOTEXTILE FILTER FABRIC
1. Mn/DOT Spec 3733 Type I.
A. Minimutn Grab Tensile Strength in Either Direction: 100 pounds ASTM D4632.
b. Minimum Soam Breaking Strength: 90 pounds ASTM D4632.
C. Maximum Apparent Opening Size: 40 - 100 ASTM D4751.
d. Minimum Permittivity: 0.5 minimum 0 per second(falling head)ASTM D4491.
PART3 EXECUTION
3.01 PREPARATION •
A. Provide temporary Protection from damage during installation of subdrainage system for:
1. Curbs, sidewalks, paving and existing utilities.
2. Bench marks, existing struoturer and property corner monuments
B. Verify locations, elevations, and depths of existing utilities prior to open cut trenching or tunneling.
C. If pipe elevations conflict, notify Architect in wntuig
D. Do not proceed until An:hrteet approves resoiution of conflict
3.02 TRENCH EXCAVATION
A Determine alignmont anil grade of eni:h pipe 1me
B Do not open more trancb in advance of pipe laying than it necessary to expedite the work.
C Minimum trench width at the bottom of the excavation shall be the norninal pipe width plus 2 mchex
St ,4nthony City Hall and CoEwmjruh' CCntcr 0271CI.3 ° BKBM Engineers •
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perforated;Iripa drt'<iras ttud'all tile
drRine•:il>n!1 be bedded`cn=Crtnaleti=Filtet.Mt�terial placed,to'sit- "'
• .; S 'minimum:thicsmees of 26 iwhee below.the bottomottha' or tile.ttnd exteatdi4g`uPwanls'-tmdett;the.
..,tr. hatunches,,for,„the full width and,langth:of the.}renah,,to such obvistim as--detailed on the dra
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”6ified ifl
Compact filter material to 95% of maximum standard papr dansi�► aA 6!
��`.T�.�,��?�•S�'L�`r ��/�.''�1•_^-` /���-�.-{.-.; -.. ...pn'�/:•,.::i: �.�_e-`je���•er_Lt:(....�.a`.�:4�}����pp •�•p(�r,Wally �Lp�yi�a^
`tl M• 0{1��1{{r 1 . t.M,not be��on WMlorfor"pipe inaWigtWY V mess sp* -/ `
the Plans.
C. The foundation for all drains,whether bedded on granular material or not,shall be carefully shaped to fit
at least the lower one-third of the outside circumference of the pipe.
D. Drains shall be laid carefully to line turd grade, with uniform bearing throughout and with the perforations
down.
B. The gootexilo shall be secured adequately to hold it in pisco until the backfill material has teen placed,and
such as to proven infiltration of soil into the pipe or contamination of the filter aggregate.
F. All fittings and joints of pipe having full circumferential perforations shall also be wrapped with the
geotexilo.
G. Upgrade ends of all subdrnin pipe shall be closed with suitable plugs.
H. Lay plastic pipe in accordance with ASTM D2321 and manufacturer's recommendations.
• 1. Lay no pipe in water unless indicated or approved.
3.04 PIPE JOINT1NO
A. General
1. Make jouits with specified or approved wateriala in aocordanoe with published reconua►ardations of
manufacturers, trade associations and stawlluds agencies.
2. Thorough!y clear, and dry, where al>t)licable, inside and outside of papa at joints pnor to jointing.
Remove dirt, foreign materials, excess coating materials and other materials that may damage or
reduce effecttve,tess of joint.
3 All Junctions aril Turns ahall be made with wyes, tees, and bands fabricated froru the same material
as the ptpt:
4. Wherc a drain vonnocts with a niarthole or catch basin, the Contractor shall ttwkc a t:uttxblo aril
secure cotutecttoo through the wall of the structure.
B. Polyvinyl C'hlondr Pijc Jotms Owl] bo made by use of a solvent omiont or push-on ruhlror gaskets.
3.05 SURFACING AND HES'J'URAT'ION
A Surface artvu o, c4irvvrx)c:tioo as indicated and specified
•
St A.ntbou) city Hall tuxl C ot'ununirN Contor 02710-4 ° BKBM Engineers
95442.33
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8.� �d 7elg.00` Cttd�1 an private pl Ofly lid {lt`��j►.; �Ct1tY OOf1kJ�A0t1 11 11t OIL � t,'L?�`;
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:3.06_._GELD QIIALiT7GCONTRUL..�
A. Allow the Architect full access to work to observe the following:
1. Ape subgrade, installation of gramtlar filter material sad 90 Mile filter fabric.
2. Pipe jointing
3. Surfaoe restoration
B. Propose procedures to correct non-conforming work in writing to the Architect.
END OF SECTION
•
•
St /lui!hony City HAU wo Corttnuniry Center 02'1Ci S ° BKBM Pngirtmn
95442.33
67
•
January 16, 1996
Mr. Mike Morrison
St. Anthony Village
3301 Silver Lake Rd.
St. Anthony, MN 55418
Dear Mike,
We've done some research on asbestos abatement, and based on what we've been told, there are
several approaches the City can take to abating any hazardous materials in the existing building.
One approach is to hire an asbestos consulting firm who will test for hazardous materials only,
and will not abate. Minneapolis Public Schools, for example, typically will hire an asbestos
consultant to determine the extent of hazardous material, then will hire an abatement contractor
on a second contract to remove the material. The following consultants were recommeded to us
by some people we've worked with at Minneapolis Public Schools.
• Concept Environmental 730-7886 Dave Gutterrud
Institute for Environmental Assessment 535-7721 Jeff Carlson
Legends Technical Services 642-1150 Keith Georgie or Sharol Secora
Several other consulting firms have contacted our office to express their interest in the work as
well.
A second approach is to hire an asbestos removal firm who will subcontract the testing work,
and subsequently remove the material. The advantage to this approach is that the City will have
a single contract. Remcon is one abatement firm that comes recommended from the Minneapolis
Public Housing Authority.
In el;her approach, i! is prudent. to get several bids. since costs can vary dramatically. If you
would like our office to contact the firms, as we've done with other testing companies, let me
know. I'll be glad to have them send proposals to you.
Sincerely,
A--
Elizabeth Herrmann
WILLIAMS/O'BRIEN ASSOCIATES INC. 1111 THIRD AVENUE SOUTH, SUITE 156 MINNEAPOLIS, MN 55404
ARCHITECTS/PLANNERS
612-338-8981 FAX 612-338-8982
G 8'
• MEMORANDUM
DATE: January 30, 1996
TO: Michael Morrison, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Furniture Needs in the New City Hall
I have surveyed City staff regarding their needs for new furniture in the new building.
The information I received is as follows by department:
Finance. Roger's idea was that the receptionist and billing workspaces should have
new furniture that is the same in color and design because it is a very visible area.
Their individual needs are:
Judy: Desk with front panel, drawers on both sides;
typewriter stand
computer stand
• large file cabinet — I would like to see her and Pat have a rotating
filing system so that files are more easily accessed. It appears that
this system has a very file large capacity and can be secured at the
end of the day.
2 small (2-drawer) file cabinets
Pat: She said that she would be happy just to have a desk and filing
cabinets. Again I think that a rotating filing system would be very
useful to Pat (and Judy). The billing records are easily accessed; a
work area is built in so that she would not have to move records
around to work on them; and they can be secured at the end of the
day.
Barb: Desk
Chair — like Pat's
She has indicated the she will move the rest of her furniture — file cabinets,
computer desk, 4-drawer filing cabinet, 2-drawer filing cabinet.
Roger: Desk
Chair
Computer work station
4-drawer filing cabinet
• 3-shelf bookcase
1 Round Table and 4 chairs
64
Police Department. The Chief is very interested in having modular furniture in i
most areas and offices for the staff. He and I went to look at the furniture in
Falcon Heights last week. It is very impressive in looks and style, yet is very
efficient in the use of space. We spoke with the City Administrator, her assistant
and the office staff and all recommended the furniture quite highly. Hermann/
Miller is the manufacturer (a Minnesota company and highly regarded in the
industry) and the City of Falcon Heights was able to furnish their City Offices at
30% of the cost through Office Pavilion. Carla Asleson, Asst. Adm., gave us their
catalogues to look through.
Front Office - Police Department
2 Modular style desks with overhang storage/shelves
3 Chairs
2 Computers
1 Networking station area
1 Typewriters
3 Printers
1 Workstation table
1 Copy machine
1 Fax machine
1 Book shelf
1 Door monitor viewing screen
1 Base station radio
1 Shredder
Supervisors' Offices:
2 Modular desks with overhang storage/shelves
2 Chairs (desk)
2 Side chairs
2 Low Boy file cabinets (filing cabinets that roll under the desk)
Jack's Office:
Desk
Credenza
Chair
John's Office:
Desk
Credenza
Chair
70
• Administration.
Mike: Desk
Credenza
Chair
Connie: Shelves
2 4-drawer lateral files, locking
1 Side chair
Workstation (privacy panel in the front) for:
Computer
Printer
Typewriter
Kim: Desk/workstation (Prefer modular furniture)
Chair
2 Side chairs
Workspace for viewing plans
File cabinets, locking
Low Boy filing cabinets on coasters
Equipment Needs:
Fax machine or computer capable of receiving faxes so that
• personnel information received is kept confidential, i.e. drug
and alcohol testing results from Medtox on Public Works and
Police employees.
Typewriter
Public Works. Larry: Current furniture is fine with him. I would like to
propose a modular type workstation for his office that would also
include an area wide enough to review plans.
•
02/01/96 THU 11:07 FAX 16123402644 DORSEY WHITNEY IM 002
7/
•
MEMORANDUM
TO: Michael Mornson
FROM: Jerry Gilligan
DATE: February 1, 1996
RE: Apache Plaza-TIF Assistance for CUB Foods Store
Ste. Marie Company, an affiliate of First Bank, has requested TIF
assistance for the new CUB Foods store proposed to be constructed at Apache Plaza.
Under Ste. Marie Company's request the City would issue general obligation taxable
bonds to provide up front assistance to write down the SUPERVALU's purchase
price of the portion of Apache Plaza on which the CUB Foods store will be located.
Springsted Incorporated is reviewing the tax increment cash flows for the Apache
• Plaza TIF District to determine if the estimated tax increment from the District will
be sufficient to pay the proposed bonds.
This request is similar in structure to the TIF assistance previously
discussed with Dennis Cavanaugh of G. C. Rein with respect to the CUB Foods store.
However, the amount of TTF assistance requested is higher than what had
previously been discussed. As a condition for issuing the bonds the HRA would
enter into a redevelopment agreement with SUPERVALU. Under the
redevelopment agreement SUPERVALU agrees to construct the store and guaranty
any tax increment shortfalls and the HRA agrees to provide the TIF assistance. The
redevelopment agreement will also require SUPERVALU to enter into an
assessment agreement which provides for a minimum .market value of the store for
real estate tax purposes. In addition, a contribution will be made to the-City from
Ste. Marie Company to cover the estimated LGA/HACA loses to thL- City as a tesult
of the TIF assistance.
As we have discussed, the Minnesota Tax Increment Financing Act
requires certain action to be taken within three years after the Apache Placa 'SIF
]district was certified by the County Auditor or the District *ill terminate. Ratrisey
County has indicated that the District was certified April 26, 1993, sb s&R action
needs to occur by April 26 of this year. The action required by such date is either (i)
the City or HRA issues tax increment bonds for a project iii the District; (ii) the HRA
acquires property in the District; or (iii) the HRA constructs or causes to be
constructed public improvements in the District.
DORSF, Y & WHITNEY P.L.L.P.
02/01/96 THU 11:07 FAX 16123402644 DORSEY WHITNEY [a 009
7z
To meet the three-year deadline, it has been proposed that bond's 136
issued by April 26. The requirement is that the bonds be "issued" by such date;
which means that the closing of the bonds has occurred. At our m6L66hg last *eek,
it was indicated that the real estate closing for the CUB Foods store site is expected to
take place in mid-April. Until the City actually knows SUPERVALU is committed
to construct the CUB Foods store it should not sell the bonds because of the
significant cost to the City if it issues the bonds and the project does not proceed.
Given the history of the Apache Plaza redevelopment proposal, we really will not be
certain that the CUB Foods store will be constructed until SUPERVALU has closed
on the purchase of the site. Since this closing is expected to be shortly before the
April 26 deadline, this will not leave the City with enough time to sell and close a
definitive bond issue.
At our meeting with representatives of Ste. Marie Company last week
we discussed having the City issue a temporary tax increment bond to Ste. Marie
Company at the time of the real estate closing in order to satisfy the three-year
deadline. This temporary tax increment bond would then be refunded in 45-60 days
later with the proceeds of the definitive TIF Bonds. This issuance of the temporary
tax increment bond would qualify as the issuance of bonds for the purpose of
meeting the three-year deadline. •
At the time of issuance of the temporary bond the redevelopment
agreement and assessment agreement with SUPERVALU will be entered into. Ste.
Marie Company would sell the site to SUPERVALU and would receive a portion of
the agreed purchase price from SUPERVALU, with the City issuing the temporary
tax increment bonds to Ste_ Marie Company to cover the remainder of the purchase
price. Ste. Marie Company would make a contribution to the City from the portion
of the purchase price paid by SUPERVALU to cover the estimated present value of
the LGA/HACA loss. The temporary bond would not bear interest, would mature
in a short period (3-6 months) and be callable-on any date.
While I am not aware of SUPERVALU's purchase price for the side,
assume for purposes of an example that the purchase price for the site is $2,500;000,
that the HRA agrees to a land write down amount of $1,860,000 (this is the amount
requested by Ste. Marie Company), and that the estimated present value of the
estimated LGA/HACA loss is $250,000. At the real estate closing, the City issues the
temporary tax increment bond in the amount of $1,860,000 to Ste. Marie Cbrhpany,
and SUPERVALU pays Ste. Marie Company $640;000 (which equals the $2,500,000
purchase price, less the principal amount of the $1,860,000 temporary tax increment
bond). From the $640,000 it receives from SUPERVALU, Ste. Marie Company then
pays $250,000 to the City to cover the estimated present value of the b7JA/HAC.A.
loss. Following the purchase of the site by SUPERVALU, the City would promptly •
proceed with the public sale of the definitive tax increment bonds. The definitive
DORSEY & WHITNEY P.L.L.P. 2
02/01/96 THU 11:08 FAX 16123402644 DORSEY WHITNEY Q Od4
73
• tax increment bonds will be issued in a principal amount sufficient to refund Ehe
temporary bond and to pay costs of issuance and capitalized interest: Upon tho
closing of the definitive tax increment bonds, the City wotdid Apply a pcirtio of this
proceeds of the bonds to pay the principal of the temporAfy tax i.ner6heint bdti1� :
Should you have any questions please give mp a call.
JPG.jkt
DoRsi: Y & WH ITN EY P.L.L.P. 3
-7y
PUBLIC RESOURCE
GROUP, INC.
January 25, 1996 Business Development &Finance Specialists
Mr. Mike Mornson
? City Administrator
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Apache Plaza
Dear Mr. Mornson:
As you are aware, Ste. Marie Company has been working directly with a number of
potential users for the redevelopment of the Apache Plaza site. An agreement has
been reached with SuperValu/Cub Foods to proceed with construction of a 75,200
square foot store, subject to the City's tax increment financing package.
At this time, it is premature to firmly suggest the exact nature of the redevelopment
of the balance of the site. For this reason, Ste. Marie Company and SuperValu would
like to proceed with this first phase based upon up-front assistance, directly tied to
this project. As such, this request should be considered as a "stand alone" project and
we will work with you on future phases as we receive commitments.
PHASE ONE TIF FINANCING REQUEST
The Ste. Marie Company/SuperValu TIF request is based upon the following
assumptions:
1. Ste. Marie Company will be conducting the redevelopment of the north
part of the mall including asbestos removal, demolition (including sports
center building), site redevelopment, mall reconstruction per the
preliminary site plan and plat, as reviewed with the city.
2. SuperValu/Cub Store agrees to construct a 75,200 square foot store on
the site at an estimated future market value of $4,500,000.
i
4205 Lancaster Lane North ♦Suite 1100 ♦Minneapolis, Minnesota 55441 ♦(612) 550-7979 ♦(612) 550-9221 Fax
7S
3. The facility will be complete prior to January 2, 1997 with first taxes •
due and payable in 1998.
Based upon these assumptions, Ste. Marie Company/SuperValu is seeking an up-front
TIF package which would reimburse Ste. Marie Company a total of$1,860,000. Ste.
Marie Company, in turn, would agree to compensate the City with a direct payment
of $250,000, based upon the LGA Loss. In addition Ste. Marie Company will
s
complete the first phase drainage improvements, as indicated on the site plan.
.� We have prepared a preliminary analyses which identified the structure of the tax
1 increment bond, the estimate of increment, calculation of the estimated LGA Losses
and a "demonstration" bond run which suggests that the bond issue could be retired
in the year 2012/2013.
i
There are a number of associated issues, and we wanted to summarize these issues
based upon this request:
HAZARDOUS WASTE SUB-DISTRICT
In addition, after review with our legal counsel, the project appears to qualify for
funding through creation of a Hazardous Waste sub-district. The net proceeds would •
be devoted strictly to correct things such as asbestos removal, soil remediation, and
to assist correcting the drainage issues. This process utilizes the increment generated
by reducing the base value of the district to $.00 for the term of the hazardous waste
sub-district.
The amount of hazardous waste remediation required by this phase is relatively
modest. We do anticipate significant additional costs in future phases and wish to
reserve the right to discuss the potential establishment of this type of district for future
.J
phases.
PAY-AS-YOU-GO ASSISTANCE
We are not requesting any additional pay-as-you-go assistance, at this time. We do
expect additional increment to be generated from the retail/fast food lots in this plat.
We would reserve the right however to request additional up-front assistance based
upon future phase development.
I
76
• LGA LOSS
The developer recognizes the need to reimburse the City for prospective losses for
Local Government Aids. The developer proposes an immediate deposit of funds
totalling $250,000 which represents the present value of the estimated LGA loss for
s this first phase bond issue.
SUMMARY
Attached for your review and consideration are the financial justifications of this first
phase TIF request. We greatly appreciate the cooperation of the City and its staff in
assisting this redevelopment project.
Sincerely,
UB C OURCE GROUP, INC.
7
1
Patrick W. Pelstring
• Chief Executive Officer
PWP\dp
` cc: Mary Rothchild
Mary Ippel
..l
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77 LIST OF ATTACHMENTS
•
1. Structure of Demonstration Bond Issue
2. Estimate of Increment
3. Estimate of Local Government Aids Loss
4. Demonstration Bond Run
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TAX INCREMENT BOND ISSUE
• COMMUNITY: ST. ANTHONY
TYPE OF DISTRICT: REDEVELOPMENT
DATE OF ISSUE: APRIL, 1996
INTEREST RATE: 6.50%
PROJECT REF: APACHE PLAZA
LAND ACQUISITION 1,610,000.00
--2 PUBLIC IMPROVEMENTS (OFF SITE) 250,000.00
STREET
SEWER
WATER
SANITARY SEWER
SOIL CORRECTIONS
ON-SITE UTILITIES
PARKING/LANDSCAPING
---------------
---------------
• SUBTOTAL 1,860,000.00
CONTINGENCY
ADMINISTRATION
PROFFESSIONAL SERVICES 40,000.00
SUBTOTAL 1,900,000.00
j CAPITALIZED INTEREST 225,000.00
DISCOUNT 0.00
TOTAL BOND ISSUE $2,125,000.00
1
V
ST.ANTHONY TYPE:REDEVELOPMENT `o
TAX INCREMENT ADJ.FACTOR: NA
ANALYSIS INFLAT VAL: NA
TERMINATES: 2019
REFERENCE: APACHE PLAZA
YEAR ANTICIPATED BASE TAX CAPTURED TAX CAP NET ADMIN TIF PAYGO CUMULATIVE NPV
PAYABLE TAX CAPACITY CAPACITY TAX CAPACITY RATE INCREMENT (5%) LOAN D/S INCREMENT EXCESS OF PAYGO
1997 573,014 366,014 207,000 119.0000% 0 0 0 0 0 0
1997 573,014 366,014 207,000 1190000% 0 0 0 0 0 0
1998 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
1998 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
1999 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
1999 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2000 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2000 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2001 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2001 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2002 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2002 573,014 366,014 207,000 119.0000% 123,165 8,158 117,007 0 0 0
2003 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2003 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2004 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2004 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2005 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2005 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2006 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2006 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2007 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2007 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2008 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2008 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2009 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2009 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2010 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2010 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2011 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2011 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2012 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2012 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2013 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2013 573,014 366.014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2014 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2014 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2015 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2015 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2016 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2016 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2017 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2017 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2018 573,014 366,014 207,000 119.0000% 123,165 6,158 117,007 0 0 0
2018 573,014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2019 573.014 366.014 207,000 1190000% 123,165 6,158 117,007 0 0 0
2019 573.014 366,014 207,000 1190000% 123,165 6,158 117,007 0 0 0
---------------------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------
TOT* op
0,270 234,014 4,446,257 0 • 0
CITY: ST.ANTHONY SALES RATIO: 1.005
SCHOOL DIST: ST.ANTHONY EST TAX RATE: 34.90%
TYPE OF DIST:REDEVELOPMENT TAX CAP RATE: 119.000%
- --------------- --------------- --------------- --------------- ---------------
CAPTURED (QUALIFYING SCHOOL ADJUSTED TAX NPV OF TIF
TAXES TIF TAX PHASE-IN TAX SALES QUALIFYING PENALTY INCREMENT INCREMENT
PAYABLE CAPACITY PERCENTAGE CAPACITY RATIO TAX CAPACITY TAX RATE PENALTY PENALTY
- --- --------------- --------------- --------------- -------------o --------------- ---------------
1995 0 0.00% 0 1.005 0 34.90% 0 0
1996 0 0.00% 0 1.005 0 34.90% 0 0
1997 207,000 6.25% 12,938 1.005 12,873 34.90% 4,493 3,566
1998 207,000 12.50% 25,875 1.005 25,746 3490% 8,985 10,171
1999 207,000 18.75% 38,813 1.005 38,619 34.90% 13,478 19,344
2000 207,000 25.00% 51,750 1.005 51,493 34.90% 17,971 30,669
2001 207,000 31.25% 64,688 1.005 64,366 34.90% 22,464 43,776
2002 207,000 37.50% 77,625 1.005 77,239 34.90% 26,956 58,340
2003 207,000 43.75% 90,563 1.005 90,112 34.90% 31,449 74,072
2004 207,000 50.00% 103,500 1.005 102,985 34.90% 35,942 90,720
2005 207,000 56.25% 116,438 1.005 115,858 34.90% 40,435 108,062
2006 207,000 62.50% 129,375 1.005 128,731 34.90% 44,927 125,903
2007 207,000 68.75% 142,313 1.005 141,604 34.90% 49,420 144,075
2008 207,000 75.00% 155,250 1.005 154,478 34.90% 53,913 162,430
2009 207,000 81.25% 168,188 1.005 167,351 34.90% 58,405 180,842
2010 207,000 87.50% 181,125 1.005 180,224 34.90% 62,898 199,201
2011 207,000 93.75% 194,063 1.005 193,097 34.90% 67,391 217,415
2012 207,000 100.00% 207,000 1.005 205,970 34.90% 71,884 235,403
2013 207,000 106.25% 219,938 1.005 218,843 34.90% 76,376 253.101
--------------- --------------- ---------------
--------------- - ----------_____ _______________
1,969,590 687,387 253,101
`'Q
DEMONSTRATION ao
BOND RUN
DATE: AMOUNT: 2,125,000
COMMUNITY: ST.ANTHONY INTEREST RATE: 6.50%
PROJ REF: APACHE PLAZA DATE OF ISSUE. JULY,1996
cccccaasasaxaax xaxxa as ssaaaaxa sax=axssssxxass xxcxnxxaaaacaaa naasaxxanaxaaaa aaaaaaaaaaaaaca a=xaaoanncaaaaa nacaaaaaaxcaaxa saoaccaanaaaaae aasxaoasaeoaaxa
YEAR PRINCIPAL INCREMENT SURPLUS/ CUMULATIVE ANNUAL
PAYABLE PRINCIPAL INTEREST TOTAL 105% BALANCE INCOME DEFICIT SURPLUS LEVY
sssaacaacss 4x44 xsxsa aaasssxaan sxxsaaaccssscxx axxaxaaaaaaaxaa nnaaaxccaaaxsa aaenasaxanaxaa acxaaaaxxsaaaaa aaasoacaxxeaaaa aaocaeaancaaaaa aaasncaaaaoaaaa
1996 0 0 0 0 2,125,000 0 O 225,000 0
1996 0 69,063 69.063 72.516 2,125,000 0 (72,516) 152,484 0
1997 0 69,063 69,063 72,516 2,125,000 0 (72,516) 79.969 0
1997 0 69,063 69,063 72,516 2,125,000 0 (72,516) 7,453 0
1998 40.000 69.063 109,063 114,516 2,085,000 117,007 2.491 9.944 0
1998 45.000 67,763 112,763 118,401 2,040,000 117,007
(1,394) 8,550 0
1999 45.000 66,300 111,300 116,865 1,095,000 117,007 142 8,692 0
1999 45.000 64,838 109,838 115,329 1,950,000 117,007 1,677 10,370 0
2000 50.000 63,375 113,375 119,044 1,900,000 117,007
2000 50,000 61,750 111,750 117,338 1.850,000 117,007 ( (331) 8,333 0
(331) e,002 0
2001 50.000 60,125 110,125 115,631 1,800,000 117,007 1,376 9,377 0
2001 50,000 58,500 108,500 113,925 1,750,000 117,007 3.082 12.459 0
2002 55.000 56,875 111.875 117,469 1,695,000 117,007 (462) 11,997 0
2002 55,000 55,088 110,088 115,592 1,640,000 117,007 1,415 13,412 0
2003 55.000 53,300 108,300 113,715 1,585,000 117,007 3.292 16,704 0
2003 60,000 51,513 111,513 117,088 1,525,000 117,007 (81) 16.622 0
2004 60.000 49,563 109.563 115,041 1,465,000 117,007 1,966 18.588 0
2004 65,000 47,613 112,613 118,243 1,400,000 117,007 (1.236) 17,352 0
2005 65.000 45,500 110,500 116,025 1,335,000 117,007 982 18.334 0
2005 65,000 43,388 108,388 113,807 1,270,000 117,007 3,200 21,534 0
2006 70.000 41,275 111,275 116,839 1,200,000 117,007 168 21,702 0
2006 70.000 39,000 109,000 114,450 1,130,000 117,007 2,557 24,258 0
2007 75.000 36,725 111,725 117,311 1,055,000 117,007
(304) 23,954 0
2007 75.000 34,288 109,288 114,752 980,000 117,007 2.255 26,209 0
2008 80,000 31,850 111,850 117,443 900,000 117,007 -(436) 25,773 0
2008 85.000 29,250 114,250 119,963 815,000 117,007
2009 85,000 26,488 111,488 117,062 730,000 117,007 (2,(5 22,817 0
5)
(55) 22,762 0
2009 85,000 23.725 108,725 114,161 645,000 117,007 2,846 25.608 0
2010 90,000 20,963 110,963 116,511 555,000 117,007 496 26,104 0
2010 90,000 18,038 108,038 113,439 465,000 117,007 3,567 29.671 0
2011 90.000 15,113 105,113 110,368 375.000 117,007 6,639 36,310 0
2011 90.000 12,188 102.188 107,297 265,000 117,007 9,710 46,020 0
2012 95.000 9.263 104.263 109,476 190.000 117,007 7,531 53,551 0
2012 95.000 6.175 101,175 106,234 95,000 117,007 10,773 64,324 0
2013 95.000 3,088 98,088 102,992 0 117,007 14,015 78,339 0
2013 0 0 0 0 0 117,007 117,007 195,345 0
2014 0 0 0 0 0 117,007 117,007 312,352 0
2014 0 0 0 0 0 117,007 117,007 429,359 0
2015 0 0 0 0 0 117,007 117,007 546,366 0
2015 0 0 0 0 0 117,007 117,007 663,372 0
2016 0 0 0 0 0 117,007 117,007 780.379 0
2016 0 0 0 0 0 117,007 117,007 897,386 0
2017 0 0 0 0 0 117,007 117,007 1,014,393 0
2017 0 0 0 0 0 117,007 117,007 1,131,399 0
2018 0 0 0 0 0 117,007 117,007 1.248,406 0
2018 0 0 0 0 0 117,007 117,007 1,365,413 0
2019 0 0 0 0 0 117,007 117,007 1,482.420 0
2019 0 0 0 0 0 117,007 117,007 1.509.426 0
accaaa_______________________ _asaaacaaaacaxx asaaeaaccxnxxxx ssaas xananaena aoaxaaaasaxccaa naaaaaaaxexaana eaaaaxaeesessex annaaascaaaacaa
• 2.125,000 1.469,163 3.594.163 3,773,871 0
0 5,148.297 1,374,426 1,599,426 0 •
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�z
• DoRSEY & WHITNEY
Psors9a2oxAL IixnsD L%Assurr Pwnrxaaaxsr t
NEW YORE. PI=SHURY ORNTER SOUTH e' ZIT
WA.SHINOTON, D. C. 220 SOUTH SIXTH ST$B$T
MINNEAPOLIS, MINNESOTA 55402-1498
DENVER MINNEAPOLIS,
040-2600 `�9q 44H2 LL8i
OBA.XGR COUNTY, CA PAX(619) o4o•9aes OfiiU4
LONDON M}SSOULA
13RUSSBLS 819V=M.C==7BN8ON DES MOINES
(8111540660.9
HONG XONO FARGO
January 29, 1996
Mayor Ranallo and Members
of the City Council
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Apache Plaza Renovations
Honorable Mayor Ranallo and Members of the City Council:
In anticipation of the City Planning Commission meeting on January 30, 1996,
this letter briefly responds to two legal issues that apparently have been raised with
respect to the Apache Plaza renovations.
1. surface Water Management, The Environmental Assessment
Worksheet (EAW) describes in detail the proposed multi-phase development plans
and the surface water management components (including stormwater retention
ponds) that will be included as part of the project. A citizen has asserted that all
surface water management plans and construction for the entire project must be
completed in the first phase of development. This assertion is incorrect.
The statutory basis for this argument appears to be Minn. Stat. § 103B.3365, but
this statute does not apply to the "reconstruction, repair, reconditioning, or
resurfacing of existing roads or impervious surfaces" like those at Apache Plaa : A
surface water management plans for a multi-phase project Mist bd cbi�§ideret a�
part of the EAW process under the Minnesota Environmental Policy Act (MEPA)i
Minn. Stat. ch. 116D. The City's EAW properly addresses those ffiture phases, and
the stormwater management plan, grading; and erosion control plain submitted to
the Rice Creek Watershed District should address surface water concerns- In 'sum,
there is no legal requirement to implement the second or third phase of stormwater
• management before the developer actually undertakes those later project phases.
O1 29 96 !10 13. 41 FAA 161234 _
Y3
January 29, 1996 DoRsEY & WHITNEY •
Page 2
2. Dgmglition Review. As you know, this project ih beffig fevi&Vd d
means of the EAW process which collects comments from n%imeioiis MihAA81
state agencies. It also is being reviewed by the Rice Creek from.
Distrid
regarding stormwater management issues, and is of course being reviewed by thg
City.
A citizen has suggested that additional review should be or is required if
greater than 25% of an existing building is to be demolished. No reference to
support this requirement has been provided, and we are not aware of any statute of
rule imposing such a requirement. -Extensive review is being undertakert.
If you have any questions, please let us know. Thank yoU.
Sincerely,
Steven M. Christenson
CC: William R. Soth
•
•
�y
MIEMORANEDUM
DATE: December 13, 1995
TO: Mayor and Councilmembers
FROM: Michael Morrison, City Manager
ITEM: STATUS UPDATE ON TIF
Following is an update on the TIF plan and expenditures that were recently
approved by the City Council on June 27, 1995.
The total approved was $5,110,000 and is summarized as follows:
Expenditure
• Activi1y Authorized Project Status
Evergreen Twin Homes $150,000 Construction underway. $12,500 paid to
(12), min. value $175,000 developer upon issuance of certificate of
occupancy per unit. 12 X 12,500 =
$150,000.
Gregory Redevelopment $350,000 Construction underway. $165,000 paid
(18), townhomes valued at to developer. $95,000 remaining to be
$175,000 paid upon completion of 10-14 units.
$90,000 remaining for future redevelop-
ment of additional properties.
American Monarch $125,000 Industrial Custom Products located in
Industrial Custom Products building. $125,000 paid out.
Community Center $3,000,000 $2,650,000 bonds issued. Construction
underway.
Autumn Woods Project $500,000 No activity.
• Apache Plaza $300,000 No activity.
Clark Station $30,000 No activity.
� S
TIF Update
December 13, 1995
Page 2
Lowry Grove $500,000 No activity.
Bowling Alley $60,000 No money spent, however, an office
retail business has located there.
St. AnthonyShopping Area $35,000 No activity.
Vacant lots on Silver Lake Road $60,000 No activity.
Money authorized to date----- ---$4,205,000
Money not authorized------ -------$1,575,000
Total--------------- -----$5,780,000
Interest on bond $1 million is the difference between $5.1 million and $5.7
million. •
Once again the benefits of setting up TIF in this manner are:
• No LGA loss
• Will not have to issue bonds
• Will not have to put property in the district
Following represents the status of the existing TIF districts:
District
TIF Type Increment Terminates
*Chandler Housing $240,000 per year 2010
*Kenzie Terrace Housing $461,910 debt until 1999 2008
Evergreen Housing $59,000 2001
Walbon Housing $35,000 debt until 2001 2011
Apache Plaza Commercial ---- 2018
*The Chandler and Kenzie Terrace districts are the districts the City is using for the $5,100,000 in
expenditures. •
Chandler and Kenzie Terrace Districts have a fund balance as of December 31,
1994 of$1.1 million.
�S 1Q
D013SEY & WHITNEY
• PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
NEW YORK PILLSBURY CENTER SOUTH SEATTLE
WASHINGTON, D. C. 220 SOUTH SIXTH STREET ROCHESTER, MN
MINNEAPOLIS, MINNESOTA 55402-1498
DENVER (612) 340-2600 BILLINGS
ORANGE COUNTY, CA PAX (812) 340.2888 GREAT FALLS
LONDON MISSOULA
BRUSSELS DES MOINES
January 12, 1996
HONG SONG FARGO
Mr. Michael Mornson
City of St. Anthony and
St. Anthony HRA
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Apache Plaza Shopping Center
Dear Mr. Mornson:
The City of St. Anthony (the "City") has retained Dorsey & Whitney
• P.L.L.P. to act as City Attorney and Bond Counsel to the City and the St. Anthony
Housing and Redevelopment Authority (the "HRA"). We understand that through
a deed in lieu of foreclosure First Bank National Association or an affiliate of First
Bank National Association (First Bank National Association and its affiliates are
herein referred to as "First Bank"), has become the owner of Apache Plaza Shopping
Center ("Apache Plaza") located in the City. The City and the HRA have asked this
firm to represent them in connection with matters relating to the proposed
redevelopment by First Bank and other parties of Apache Plaza and all regulatory,
zoning, licensing and other matters relating to the use and operation by First Bank
or other parties of Apache Plaza, including the lease by the City of space in Apache
Plaza for operation of a liquor store and restaurant (together, the "Apache Plaza
Matters"). It has been proposed that as a part of the proposed redevelopment of
Apache Plaza, SUPERVALU will construct a CUB foods store. This firm represents
First Bank, SUPERVALU, the City and HRA in other, unrelated matters; however,
in matters relating to the Apache Plaza Matters this firm would represent only the
City and the HRA and the firm would not represent First Bank or SUPERVALU.
In the Apache Plaza Matters, the interests of the City and the HRA and
the interests of SUPERVALU and First Bank are potentially or actually adverse for
purposes of professional rules. We are writing to ask the City and the HRA to
confirm their earlier verbal consents to our representation of the City and the HRA
in the Apache Plaza Matters, and to our representations of the City, the HRA,
SUPERVALU and First Bank in other matters.
�7
DoRSEY & WHITNEY
PH mssjo."Lium=Lianiurr P�BTHLHSHIP
•
Page-2-
Mr. Michael Mornson
January 12, 1996
In confirming these consents, we assure you (1) that we will not use
confidential client information in any way to any client's disadvantage; and (2) that
we will be able to fully and properly represent each client on its separate matters
without our representation of any client being affected by our representation of the
other clients. Please sign below, and return a signed copy of this letter, to indicate
the consents of the City and the HRA to these representations and to acknowledge
that these consents are adequately informed.
During the representations described above this firm may be asked to
represent the City, the HRA, SUPERVALU or First Bank on other matters unrelated
to the matter identified above. We also ask that the City and HRA indicate by
signing below that it prospectively consents to other such unrelated representations,
so long as they do not involve litigation adverse to the City or the HRA.
Please call if you have any questions or concerns.
Very truly yours, •
DORSEY & WHITNEY P.L.L.P.
Pjro e P. Gi ' an
. jPG:cmn
CC William Soth
DoRsEY & WHITNEY
• Pao BSIOWAL].IMITLD LI 8=3TT FAwT z89HIP
Page-3-
Mr. Michael Mornson
January 12, 1996
Confirmed this!L=L= day of
Z r,u ._r�( . 1996
CITY OF ST. ANTHONY
B
y -1 J- z�
Its R
ST. ANTHONY HOUSING AND
REDEVELOPMENT AUTHORITY
By
Its
•
�9
• ST. ANTHONY MUNICIPAL LIQUOR STORES
COMPARISION OF 1994/1995
INCREASE
STORE 1994 PROFIT 1995 PROFIT (DECREASE)
SAV I $51,895.00 $92,474.00 $40,579.00
STONEHOUSE $112,750.00 $50,859.00 ($61,891.00)
GRILL $0.00 ($5,601.00) ($5,601.00)
SAV 11 ($46,371.00) ($39,264.00) $7,107.00
APACHE WELLS ($55,734.00) ($83,389.00) ($27,655.00)
GRILL $3,477.00 $362.00 ($3,839.00
$66,017.00 14 717.00 ($51,300.00)
(UNAUDITED)
•
•
q0
•
ST. ANTHONY MUNICIPAL LIQUOR STORES
SUMMARY OF OPERATIONS
Year to December 31, 1995
STORE ONE Year to Year to Increase
% Date 1995 % Date 1994 (Decrease)
Net Sales: 100.00% $2,107,939.54 100.00% $1,957,820.34 $150,119.20
Cost of Goods Sold before
Promotonal Discounts 66.43% $1,400,305.72 66.94% $1,310,526.65 $89,779.07
Gross Profit Before Discount: 33.57% $707,633.82 33.06% $647,293.69 $60,340.13
Promotional Discounts 0.49% $10,245.08 0.51% $9,977.90 $267.18
Gross Profit After Discounts 34.06% $717,878.90 33.57% $657,271.59 $60,607.31
Operating Expense 29.94% $631,116.13 27.64% $541,237.03 $89,879.10
Profit from Operations 4.12% $86,762.77 5.93% $116,034.56 ($29,271.79)
Net Non-Operating Income 2.42% $50,969.08 2.55% $49,984.35 $984.73
Net Income 6.53% $137,731.85 8.48% $166,018.91 28 287.06
•
STORE TWO Year to Year to Increase
% Date 1995 % Date 1994 (Decrease)
Net Sales: 100.00% $1,526,815.77 100.00% $1,637,002.61 ($110,186.84)
Cost of Goods Sold before
Promotonal Discounts 71.57% $1,092,677.71 71.56% $1,171,506.59 ($78,828.88)
Gross Profit Before Discount: 28.43% $434,138.06 28.44% $465,496.02 ($31,357.96)
Promotional Discounts 0.54% $8,308.39 0.55% $9,044.40 $736.01
Gross Profit After Discounts 28.98% $442,446.45 28.99% $474,540.42 ($32,093.97)
Operating Expense 37.97% $579,773.45 35.87% $587,182.72 ($7,409.2
Profit from Operations -8.99% ($137,327.00) -6.88% ($112,642.30) ($24,684.70)
Net Non-Operating Income 0.94% $14,312.23 0.93% $15,188.00 $875.7
Net Income -8.06% ($123,014.77) -5.95% 97 454.30) ($25,560 A
•
LIQUOR OPERATIONS:
TOTAL
O� YEAR Stonehouse GRILL SAV I Apache Wells GRILL SAV II ANNUAQSTORES
88 Sales $724,379.00 $1,291,893.00 $195,455.00 $1,558,938.00 $3,770,665.00
Profit $211,410.00 ($18,547.00) ($1,924.00) $16,919.00 $207,858.00
89 Sales $729,23400 $1,325,295.00 $163,326.00 $1,510,157.00 $3,728,012 00
Profit $237,609.00 $34,275.00 ($30,517.00) $8,684.00 $250,051.00
90 Sales $767,266.00 $1,318,695 00 $255,755.00 $102,259.00 $1,486,100.00 $3,930,075 00
Profit $255,407.00 $22,993.00 ($42,812.00) ($12,409.00) $14,050.00 $237,229.00
91 Sales $643,466.00 $1,384,546.00 $297,314.00 $116,170.00 $1,563,909.00 $4,005,405.00
Profit $176,135.00 $68,556.00 ($12,400.00) ($4,665.00) $73,060.00 $300,686.00
92 Sales $518,855.00 $1,360,499.00 $285,233.00 $116,650.00 $1,531,751.00 $3,812,988.00
Profit $65,119.00 $54,446.00 ($36,139.00) ($7,537.00) $53,439.00 $129,328.00
93 Sales $445,856.00 $1,328,173.00 $264,129.00 $113,228.00 $1,362,041.00 $3,513,427.00
Profit $61,100.00 $22,878.00 ($41,614.00) ($6,675.00) ($31,688.00) $4,001.00
94 Sales $503,015.00 $1,454,806.00 $238,276.00 $119,256.00 $1,279,471.00 $3,594,824.00
Profit $112,750.00 $51,895.00 ($55,734.00) $3,477.00 ($46,371.00) $66,017.00
95 Sales $465,786.00 $80,538.00 $1,561,615.00 $200,770.00 $106,421.00 $1,219,625.00 $3,634,755.00
(Unaudited) Profit $50,859.00 ($5,601.00) $92,474.00 ($83,389.00) ($362.00) ($39,264.00) $14,717.00
TOTALSTORE Sales $4,797,857.00 $80,538.00 $11,025,522.00 $1,900,258.00 $673,984.00 $11,511,992.00 $29,990,151.00
PROFIT/LOSS Profit $1,170.389.00 ($5,601.00) $328.970.00 304529.00 ($28,171.00) $48.829.00 $1.209.887.00
7 Year
$1,170,389.00 ($304,529.00) Bar Profit
AUDITED THROUGH 12/31/94 ($5,601.00) ($28,171.00) Grill
$1.164.788.00 ($332.700.00) Total Apache Profit/Loss
• • 0
LIQUOR OPERATIONS: WITHOUT APACHE WELLS/SAV II
TOTAL
YEAR Stonehouse GRILL SAV I ANNUAL/STORES
88 Sales $724,379.00 $1,291,893.00 $2,016,272.00
Profit $211,410.00 ($18,547.00) $192,863.00
89 Sales $729,234.00 $1,325,295.00 $2,054,529.00
Profit $237,609.00 $34,275.00 $271,884.00
90 Sales $767,266.00 $1,318,695.00 $2,085,961.00
Profit $255,407.00 $22,993.00 $278,400.00
91 Sales $643,466.00 $1,384,546.00 $2,028,012.00
Profit $176,135.00 $68,556.00 $244,691.00
92 Sales $518,855.00 $1,360,499.00 $1,879,354.00
Profit $65,119.00 $54,446.00 $119,565.00
93 Sales $445,856.00 $1,328,173.00 $1,774,029.00
Profit $61,100.00 $22,878.00 $83,978.00
94 Sales $503,015.00 $1,454,806.00 $1,957,821.00
Profit $112,750.00 $51,895.00 $164,645.00
95 Sales $465,786.00 $80,538.00 $1,561,615.00 $2,107,939.00
(Unaudited) Profit $50,859.00 ($5,601.00) $92,474.00 $137,732.00
TOTALSTORE Sales $4,797,857.00 $80,538.00 $11,025,522.00 $15,903,917.00
PROFIT/LOSS Profit $1.170.389.00 5 601.00 $328.970.00 $1.493.758.00
AUDITED FIGURES THROUGH 12/31/94
13
• Comparison of Closing vs Operating
Apache Wells:
Profit/Loss '94 12/31/95
Bar ($55,734) ($83,389)
Grill $3,477 ( 362)
Total ($52,257) ($83,751)
Fixed Costs $49,042 $49,042
Savings for Closing $ 3,215 $34,709
SAV II:
Profit/Loss '95 12/31/95
Off Sale ($46,371) ($39,264)
• Fixed Costs $72,518 $72,518
Cost for Closing ($26,147) ($33,254)
Profit with Closing Apache Wells and Moving SAV H to Apache location:
Actual Actual
1994 1995
Stonehouse $112,750 $ 45,258
SAV I 51,895 92,474
Apache Wells ( 52,257) - 0 -
SAV
0 -
SAV 11 ( 46,371) 15,788) ***
$ 66,017 $121,944
Increase in Profits $ 55,929
***Assumes $23,476 Reduction in Fixed Costs Because of Moving to Apache Wells
• Location (72,518 - 49,042).
9y
TABLE 5
• COST ESTIMATE - STORMWATER PONDING AREAS
Item Estimated
Cost
Storm Sewer Pipes $1,206,500
Manholes 36,000
Catch Basins 20,000
` Pond Excavation 1, 100,000
Turf Restoration
125,000
j Street Restoration 212,500
s
Subtotal $2,700,000
20 Percent Contingencies 540,000
10 Percent Engineering 270,000
Total Construction Cost • $3,500,000
Right-of-Way 2,200,000
Allowance
Total Estimated Cost $5,700,000
III. Summary and Recommendations
i
The analysis found no attractive solutions to resolve the drainage problems
St. Anthony. Village is experiencing. Alternatives were very expensive or
_1
required acquisition of developed property.
I
I
The two options which seem most appropriate in District 6 are flood
protection and a combination of stormwater ponds and diversions. The City must
determine which solution is most acceptable. Public response at informational
meetings seemed to favor the flood protection option.
Taking no action to correct drainage problems will minimize City cost, but
will allow flood damage to continue in the future. The flood plain could be
i •
23\27\467\STANSWMA.WP\YMH 14
qS
evacuated to reduce flood damage in the affected areas, but this solution would
be costly, would displace residents, and would reduce the tax base. Providing •
a new outlet for the drainage area appears prohibitively expensive, but it will
not require property acquisition and relocation, or reduce the tax base.
Flood protection, discussed in Section IIA of this report, seems to be the
preferred alternative. No detailed analysis of affected properties has been
made, but the properties for which flood protection should be considered are
shown on Figure 2.
A combination of diversions and stormwater ponds is also possible, but such
a project would require more capital investment by the City. This option would
reduce street flooding and assure access to the flooded areas by emergency
vehicles. Providing ponding areas and diversions for runoff is also more
expensive than flood protection. Finding locations for the ponds will be
difficult; displacing a City park, and possibly residents, under this option
t
! appears unavoidable.
Table 6 provides a summary of estimated costs for comparison of the •
preferred alternatives. The costs are 'ballpark' figures because the detailed
design necessary to produce more accurate cost estimates is beyond the scope of
this report.
TABLE 6
ESTIMATED COST OF PREFERRED ALTERNATIVES
Option Improvement Property Relocation Subtotal
i
Cost Acquisition Cost
Flood Protection $750,000 0 0 $750,000
i
Diversions and $3,500,000 2,200,000 0 $5,700,000
Stormwater Ponds
r
23\27\467\STANSWMA.WP\YMH 15
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1996 ADDI) MON
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MAN A-00R PLAN &,EC"FLOOR RAN
;-'E&eatening to politicians. He suggests
GAIL MARKSJARVIS legislators put the tax change on the bal-
lot, hoping homeowners will decide it's a
Asking
to overburden businesses. `1
Asking homeowners The plan: Use 1987 as a base year to
calculate property market value. As the
,to a `fair Share? years go by, tax all market value that
.p Y h existed in 1997 under the old system. But •
tax new market value from new homes
For years you and businesses under the new system.
could count on Taxpayers — regardless of whether they
Minnesota's owned a store or a house — would pay
largest business in direct proportion to their share of
lobbies to go to their county's new market value. Blazar
the Legislature thinks that after a decade, the tax bur-
with the same den would become more equitable as
refrain: Property homeowners — concerned about higher
taxes area con- STAFF COLUMNIST taxes — asked for fewer government fusing mess; sim- services .
plify them Sound complicated? Says Blazar:
But it didn't work with Republicans "what we have now is already so com-
or Democrats, largely because the mess plicated, one more complication won't
is aimed at keeping homeowners' taxes matter."
still selling the concept, bu
down. So this year the Minnesota Cham- Sys z t
different business groups are t
ber of Commerce wants the Legislature wand, A big hurdle seems to be the per-
on
�'
to make the tag system more complicat- ception that home sales will suffer if
,. property.taxes on-houses increase. But
If'that strikes you as confusing, look � Blazar says 64 percent of Wisconsin's
no furtlier,than the bottom line. The goal population owns homes, compared with
is the same as it's always been: Lower Minnesota's 69 percept, even though
the burden on businesses, and make taxes on Wisconsin homes are almost
homeowners pay more of their "fair double those in this state.
In the chamber tried to The real crowd pleaser. I detected
In the past, a little surprise in Gov. Arne Carlson's
achieve its goal by advocating an over- voice at his State of the State address
haul in the complicated formulas Min-
nesota uses to relieve homeowners' Tuesday night when-his business audi-
taxes encs gave only polite applause to his
The-chamber claims that aid from the plans to decrease crime and improve •
state rewards cities for spending schools, but clapped enthusiastically for
frivolously. It says low taxes-on homes cutting,a business tax.
entice homeowners,to.ask for pet manic- Some businesspeople actually cheered
ipal projects like swimming pools with- when.Carlson said he would ask for a
out realizing someone else is-paying e imillion tae break for business by
_ most of the bill. Chamber.-* charts elminating the sales tae on capital
show,homesteads paying.only 38 percent equipment.
of the property
Carlson said he decided to give his
p perty-tgX%JAAgrstate, while_ State of the State address before the
making up 56 percent of property mar-
ket value. Factories, offices•and stores nal that he is interested change. But it
pay 33 percent; compared with 14 per- seemed to demonstrate that some things
cent in market value. Apartments are never change: Businesspeople may com-
overtaxed and farms undertaxed, accord- plain about crime or untrained workers,
ing to the chamber• but what really excites them is a good
"This system puts local government old tae cut.
services on sale for about 50 cents on
the dollar," said chamber lobbyist Bill Gail MarksJarvis'column appears Tuesdays and
Blazar. Thursdays.Call her at 228-5488.
Blazar called on business owners and
executives at the Minnesota Chamber's
annual meeting this week to support
slow change, which he thinks will be less
•
Metropolitm Council 9 9
Working for the Region. Planning for the Future
•
Date: January 12, 1996
To: Communities Participating in the Metropolitan Livable Communities Act(LCA)
Subject: Action Plan Workshop/Affordable and Life-Cycle Housing Fair,
Friday,Feburary 16, 1996
As one of the nearly 100 metropolitan area communities that have elected to participate in the LCA by
negotiating affordable and life-cycle housing goals,you are eligible to apply for fiords from any of the three
LCA finding programs-Local Housing Incentives,Tax-Base Revitalization or Livable Communities
Demonstration Accounts. To complete the LCA housing goals work the next step is to prepare a Housing
Action Plan and submit it to the Metropolitan Council by June 30, 1996.
To assist you in the preparation of this Action Plan,the Council has drafted the enclosed Action Plan Content
Guide and is sponsoring a Livable Communities Action Plan Workshop and Affordable and Life-Cycle
Housing Fair on Friday,February 16, 1996. The workshop/fair will be held at the Guardian Angels Church
Social Hall on Hudson Blvd.,north of I-94 at the Radio Drive exit.
In order to meet the needs and interests of all participating communities,the workshop will be held in two
sessions. The morning session is for developing area suburban communities where the focus is chiefly on
new development. The afternoon session is targeted to older,more fully-developed communities and
freestanding older suburbs where infill development,redevelopment and rehabilitation are the primary •
activities. You are welcome to attend both sessions if you like.
In addition to presentations and question and answer opportunities regarding the content guide,the affordable
housing development process and the role of local government,each session will include an affordable and
life-cycle housing fair with people and resources available that can help you meet your negotiated goals. The
Council has invited organizations and businesses involved in planning,financing and developing affordable
ownership and rental housing to participate. There will be ample time for workshop attendees to meet and
visit with the myriad of folks involved in building and rehabilitating affordable housing and to see examples
of this housing.
As a LCA participating city,you are encouraged to send at least one staff representative to the
workshop. We also encourage the attendance of at least one elected official and planning commission
member from each community. The opportunity for these officials to hear about the role of local
government in advancing affordable housing,as well as see examples of this housing will be of great value to
the region.
Please RSVP to Karen Patraw at 291-6456 by Monday,February 12th with the names of people(staff,
planning commission member and elected official)that will be attending from your community.
A summary agenda and map to the Guardian Angels location is enclosed. If you have questions,please call
any of these Council staff-
Guy Peterson - 291-6418 •
Audrey Dougherty - 291-6380
Linda O'Connor - 229-2098
230 East Fifth Street St.Paul.Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780
An Equal Opporrunay Employer
�UI�GZC�fe / 00
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LIVABLE COMMUNITIES ACT
ACTION PLAN WORKSHOP/AFFORDABLE
AND LIFE-CYCLE HOUSING FAIR
Friday, Feburary 16, 1996
GUARDIAN ANGELS SOCIAL HALL
8260 Hudson Blvd. (I-94 and Radio Drive)
7 minutes east of downtown St. Paul
2 minutes east ofI-494/694
(See Map on Other side)
DEVELOPING AREA CO NITIES
8:30 am - 9:00 am Registration •
9:00 am - 10:30 am Presentations/Questions and Answers
10:30 am - Noon Housing Fair
FULLY-DEVELOPED AND FREESTANDING COMMUN=S
1:00 pm - 1:30 pm Registration
1:30 pm - 3:00 pm Presentations/Questions and Answers
3:00 pm - 4:30 pm Housing Fair
*See Map on Other side
• RSYP- by Monday, February 12, 1996-Karen Patraw, 291-6456
to�
GUARDIAN ANGELS SOCIAL HALL
8260 Hudson Boulevard
(1-94 and Radio Drive)
N
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. I-694
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CHURCH
4TH ST. N.
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East cr.c W
Downtown St.Paul o
194 Mme«, Bwewm
-494 °Farr
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*Most convenient parking is on the south (freeway) side of the church complex.
•
LP
METROPOLITAN LIVABLE COMMUNITIES ACT
ACTION PLAN CONTENT GUIDE
(Draft 1-3-96)
Background
The Metropolitan Livable Communities Act (LCA) says that each participating municipality shall
identify to the Metropolitan Council the actions it plans to take to meet its established housing
goals negotiated with the Council.
During 1995 the Council revised its content guidelines for the preparation of the housing element
of local comprehensive plans in anticipation that cities will revise their local plans in 1996 and
1997. In preparing their LCA action plan, communities using guidelines for housing
implementation activities set forth below may, in large measure, be completing the implementation
• section of their comp plan housing element and be fulfilling their LCA action plan requirement
with the same document.
Plan Content and Timeframe
The action plan required of communities participating in the LCA, like its housing element
counterpart, should identify the impact of local official controls on housing development and
preservation, and the use of fiscal devices to expand and preserve housing opportunities. In
addition, it should address participation in available housing assistance, rehabilitation and
development programs.
In short, LCA action plans should:
• Identify the programs, initiatives and actions communities plan to undertake to achieve their
negotiated affordable and life-cycle housing goals; and
0 Identify, as specifically as possible, the time frame within which these efforts will be
undertaken.
Communities may want to prepare an action plan for a time frame that is shorter than the longer
range objectives suggested in their local comprehensive plan or for a period shorter than the 2010
horizon addressed by their LCA goals. Several communities have negotiated LCA affordable and
life-cycle housing goals that will be applicable for a shorter, specified period of time, with the
stated intent of reexamining these goals and their progress toward them in a few years.
• Therefore, action plans with time lines of three to five years, for example, identifying specific
activities and programs for each year and a commitment to revise the action plan periodically may
be more appropriate and practical for these types of communities.
1
io3
"Cluster" Plans
In addition, there will be situations where expanding affordable and life-cycle housing
opportunities within the borders of a community may be impractical or impossible. In some
communities there may be physical limitations leaving little or no land left for residential •
development. In others marketplace realities, such as prohibitive land costs, may effectively make
the development of additional affordable housing impossible. There will be other situations where
cities have historically functioned as a larger cluster of communities beyond their own borders--
particularly smaller cities with similar development patterns and common places of commercial
and social activity. These communities may find it more appropriate to propose to meet housing
goals in a broader, collaborative effort.
These and other situations may be particularly appropriate for the development of a joint action
plan for a"cluster" of communities as permitted by the LCA Cities participating in the LCA may
decide for themselves whether they want to collaborate with neighboring communities in
preparing a joint plan to achieve the housing goals of the collaborating cities. Just as in individual
city action plans, cluster plans should set fortfi the housing assistance, rehabilitation and
development programs that may be used by the cooperating communities, and the actions
regarding local official controls to be undertaken by each of the members of the cluster.
Implementation Actions
Implementation efforts to achieve affordable and life-cycle housing goals may differ significantly
from city to city. A community's level of urbanization and development may indicate an approach
to housing issues that is different from that of its neighbor. The implementation actions proposed
by one community may not be applicable or appropriate for another community. For example, the
housing activities of a fully developed, first ring suburb may differ greatly from the residential •
subdivision development in developing area communities. Such factors as the current housing
situation in the city or cluster and future housing needs as suggested by the age and household
composition of its population and its household and employment forecasts, the age and condition
of the housing stock, and the amount of land available for residential development, should all be
considered in developing the action plan
The housing action plan should address the kinds of implementation tools and programs set forth
below and the general time frame in which their efforts will be undertaken. The plan should
identify, as best as possible, the number of households to be assisted, or housing units to be
produced or rehabilitated through the various programs and activities to be employed by the
community. To the degree possible, the plan should identify the income levels of the households
to be assisted through the city's efforts, e.g., the number of households or percent of assistance to
be directed to households of very low income- 30 percent of median, low income - 50 percent of
median, and moderate income - 80 percent of median income. Where possible, it should identify
efforts that will be targeted specifically toward the elderly, families, homeowners and renters.
Below are examples of programs and local efforts in which communities may participate to further
their affordable and life-cycle housing objectives. These are the kinds of efforts that should be in
a community's LCA housing action plan:
Housing Assistance Programs
An action plan to implement the community's LCA goals should indicate the housing
assistance programs to be used by and in the community, and the best estimate of how •
many households will be helped by such programs each year or over the period of years
covered by the action plan.
2
/oy
A number of programs provide renter assistance and below-market-rate home mortgage
programs. Some involve little or no administration or oversight by the city, although most
• require a city's consent. Categories of programs and examples are:
► Rent assistance programs such as HUD's Section 8 certificate or voucher programs
administered by Metro HRA, or city or county HRAs.
► Homeless prevention and emergency assistance programs available through HUD and
MHFA
► Mortgage assistance and below-market-rate home mortgage loans through MHFA and
HRAs through local lending institutions.
Housing Development Programs
The action plan may set forth specific new construction or housing rehabilitation efforts to
expand the community's stock of affordable rental housing.
A limited number of tools are available to support the construction or rehabilitation of
low- and moderate-income housing. These programs include the following:
► New construction, or acquisition and rehabilitation programs to produce or
preserve affordable rental housing. Examples include HUD's HOME funds and
various MHFA programs.
• Low-income tax credit and mortgagelbridge loan programs.
► Low-income public housing funds for the construction or acquisition of public
housing units available as a result of the 1995 Holtman settlement.
► F'=-time home buyer programs through MHFA and local HRAs through
participating local lenders.
Housing Maintenance, Rehabilitation and Redevelopment Programs
A variety of programs are available to address maintenance, rehabilitation and
redevelopment. The action plan may identify any or all of a number of potential local
efforts including, but not limited to, the following:
► Adoption and enforcement of a local housing maintenance code.
Rental rehabilitation, mortgage assistance and federal income tax credit programs
aimed at preserving and improving rental housing. Available through MHFA
► Home ownership rehabilitation, home improvement and energy-efficiency local
programs. Available through MHFA-
Initiatives
HFAInitiatives for housing rehabilitation programs, funded locally or through CDBG
funds. Several local HRAs administer such programs.
Local Initiatives
• Though considerably more restricted than in the past, state and federal laws permit local
governments to implement fiscal initiatives to generate capital to assist development or
redevelopment of low-cost housing. The action plan should include the communities
3
/OS
short- and long-term expectations and intentions regarding the use of these fiscal tools
including:
P. Housing revenue bonds •
► Tax-increment financing
► Federal Community Development Block Grants
► Local HRA tax levy
► Local government essential function bonds/regional credit enhancements
Local Official Controls and Approvals
One of the most important and visible implementation efforts a community can engage in
to accomplish its LCA goals is to re-examine and revise its local official controls and
approvals as they impact residential development and redevelopment.
Local regulations and requirements can significantly affect the cost of housing and the
opportunity to increase life-cycle housing options. It may be appropriate for a community
to examine its local controls for their potential to reduce housing costs and diversify its
housing. These efforts can include:
b. Land use and zoning regulations, including minimum and maximum densities,
amounts of land planned or zoned for multifamily housing; environmental
protection regulations; public dedication requirements.
► Cluster-design site planning, planned unit developments and zero-lot-line •
approaches, for their potential to increase life-cycle options and affordability.
► Public improvements and engineering/design requirements, including street width
and depth design, sidewalk requirements, storm sewer design, street lighting,tree
replacement.
► Local approvals process, including time fi-ame and complexity.
► "Accessory housing"ordinances to allow single-family homes to have apartment
units in basements or converted space in a separate structure.
Authority for Providing Housing Programs
One obvious and necessary ingredient for successful implementation of housing objectives
is the ability of the community to administer and manage the myriad assistance,
development and maintenance activities available to it and its residents. The action plan
should describe what authority the city has for operating housing programs and the
activities of the organizations or entities that.administer the programs and/or also describe
arrangements the city may have with other public or nonprofit organizations that provide
housing-related services to the city.
h:\librarykommundv\gp010396.hsg 4
1 O fo
visi
I have also enclosed a copy of a letter recently received ao I believe the letter to bade the attorney for ITT self ng that
the Pirinos have redeemed the property out of foreclos
• explanatory.
Based on the above consideration,we are recommending the following:
1) Reinspect the property for potential code violations;
2) Provide the homeowners with a list specifying any code violations and actions
necessary to cure;
3) Provide the homeowners with a reasoaaturle period of time to e of nonconformingoconditll
conditions;
depend on the number and n
4) Reinspect at expiration of compliance period; and
5) Provide our office with notice of any violations upon expiration of compliance
period for issuance of complaint.
•
•
. ain thon
ilia 'e
'r
Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
January 17, 1996
Mr. James B. Pirino
2917 - 33rd Avenue N.E.
St. Anthony, MN 55418
Mr. Pirino: •
The City Council has directed me to inquire about your time frame for the construction of
your garage as well as the completion of code violations. The latter are listed in letters from
Duane Grace dated June 10, 1994 and April 3, 1992 (both letters are submitted for your
review).
To apply for a building permit for the garage and the completion of the code violations, you
may arrange for an appointment through Larry Hamer. As you know, the City uses the
services of Duane Grace for building inspections. If you would like a re-inspection of the
property, please call for an appointment at 789-8881.
The City wants to know your time frame to complete the garage and to bring the code
violations in compliance.
If you have any questions, please feel free to contact me.
Sincerely,
Michael Mornson
City Manager •
1
-J ` Northwest Youth & Family Services
1
I 3490 Lexington Avenue North Shoreview, MN 55126 (612) 486-3808 FAX (612) 486-3858
u
January 11, 1996
Mr. Michael Mornson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Mornson:
Attached please find the request for St. Anthony's 1996 allocation
to Northwest Youth and Family Services. As you will note the
request is for $5, 000. It is my understanding from our recent
phone conversation, that the council has authorized $2500 for NYFS.
Obviously the final decision lies with the Council. I would
appreciate your asking them to reconsider the amount which keeps
• St. Anthony closer to other cities receiving our services. Many of
your residents benefit greatly from the various services they
receive here. We value our partnership with St. Anthony and would
welcome any opportunity to dialogue further as to how we can
continue to work together.
Sincerely,
KAY Z . ANDREWS,
EXECUTIVE DIRECTOR
KZA:JMK
Attachment
CC: Roger Larson
Financial Officer
•
` Northwest Youth & Family Services
GL
3490 Lexington Avenue North • Shoreview, MN 55126 • (612) 486-3808 FAX (612) 486-3858
U.
TO: CITY OF ST. ANTHONY
MICHAEL MORNSON, CITY MANAGER
FROM: KAY ANDREWS, EXECUTIVE DIRECTOR
DATE: JANUARY 3 , 1996
SUBJECT: 1996 REQUEST FOR PAYMENT
1996 AMOUNT: $5, 000
** PLEASE REMIT TO: KAY ANDREWS
NORTHWEST YOUTH & FAMILY SERVICES •
3490 LEXINGTON AVENUE NORTH
SHOREVIEW, 14N 55126
If you have any questions, please feel free to call me at 486-3808
X243 . Also, if you are planning on an alternative method of
payment, let me know. Thank you for your continued support.
cc: Roger Larson
Financial Officer
•
• STAFF REPORT
DATE: February 6, 1996
TO: Michael J. Morrison, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: Schnitzer Iron & Metal Clean-up Site
Larry and I have been meeting with the Minnesota Pollution Control Agency QVIPCA), the
University of Minnesota and the other potential responsible parties (PRP) named by the
MPCA for this hazardous materials site since August 9, 1995. The point of these meetings
has been to organize ourselves into a group so that the clean-up of this site can begin.
Attached is a copy of the Responsible Parties Group Agreement that all the PRP's have
been asked to sign by February 15, 1996. As a group, we have discussed and revised this
final agreement. Mark Kastor of Dorsey & Whitney, has been copied with each revision
of this document for his comment. To date, there has been no comment on this final
• draft. His office has said that he will provide us with his written comments before the
February 6th Council worksession.
Mr. Kastor has been faxed or mailed all the information from the meetings and whatever
information that the City has regarding insurance, recycling activities, newsletter articles,
City Council minutes, resolutions, etc. In telephone conversations I have had with Mr.
Kastor, he has indicated that perhaps the City should not be designated as a PRP, but
rather diminimus as we are not a large contributor of hazardous waste. He said that he
would contact the MPCA regarding this designation.
For you information, I have also attached the list from the MPCA of the groups involved
in this site and their hazardous contributions. If there is anything else that you would like
me to attach for the Council's review, please let me know.
MEMORANDUM •
DATE: August 9, 1995
TO: Michael Morrison, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: This morning's meeting with MPCA re: Schnitzer MN
Superfund clean-up site
MPCA called this meeting to inform and discuss with all named responsible parties, (RP's),
regarding the Schnitzer site. There are apparently 100 parties that might be involved, but
MPCA has not been able to ascertain level of responsibility for all but 15 (and St. Anthony
is one of the 15 based on weight tickets found among Schnitzer's papers). A complete and
verified list of all RP's will be available in about 3 - 4 months.
The Responsible Parties (RP) will be responsible for financially assisting in the clean-up of
lead and PCB contamination. MPCA indicated that even though an RP, like St. Anthony,
did not contribute to the PCB contamination of the soil, we could be liable for that clean- •
up as well. Their justifications were that 1.) they have not been able to specifically
determine the RP for that contamination and 2.) the clean-up process for lead will also
clean-up PCB's.
This site is ranked 10 on a scale of 1 -100 as far as the relative hazardous nature of the site
and will only remain a Minnesota Superfund site. Any site rank 27 or above has to be
reported to the federal government, thereby becorrung a national Superfund site. The
representative for Ford Motor Co. indicated that it is serious but working with the State is
more preferable to working with the feds on something like this.
As a group of responsible persons, we need to develop into a committee structure to
determine level of responsibilities, what to pay, how much and work with the MPCA to
determine other possible RP's, i.e. Schnitzer heirs, insurance providers for Schnitzers, other
business interests developed by the Schnitzers, etc.
Attached is a copy of the attendees to today's meeting. What's interesting is that the
University of Minnesota now owns the property. They bought it from the Schnitzers
knowing that the soil needed to be cleaned. The U's representatives maintained that at the
time of the purchase, they had a consent decree from MPCA signed by the Schnitzers
agreeing to pay for the clean-up. $750,000 was set aside in addition to what the Schnitzers
agreed to pay for the clean-up. To date, MPCA and the Uof M have not been able to
enforce the consent decree and there is only $50,000 left of the original $750,000 for the
clean-up. They reported that they have extensive studies, maps and very little clean-up to
• show for the $700,000 that has been spent.
There was a strop sentiment among the group of RP's to pursue the heirs for the clean-
up. Many felt that they had disposed of their hazardous waste in a responsible manner and
felt it quite outrageous that the MPCA and the U of M expected the customers of
Schnitzer's to be responsible for their irresponsible handling of this waste. They were
especially outraged when it was learned that the U of M expected the RP's to also pay for
the demolition of the two existing buildings ostensibly so that the soils under the buildings
could be cleaned as well.
Someone asked what the U of M wanted to do with the property once it was cleaned.
They indicated that originally, it was intended to be used as a parking lot. When pressed
about this original plan and why if it was going to be a parking lot was there concern
about cleaning the soil under the buildings; how much contaminated soil could there be
under the two buildings. The U of M representatives indicated that there was some talk
about using the land for residential buildings. It then came out that the U of M intends to
clean up the soil to an "unrestricted" level, which means that housing, gardens,
playgrounds, etc could be established on the site, and then swapped with the City of
Minneapolis for another piece of land in Minneapolis that the U of M is interested in.
The U of M is also named as an RP.
We will be sent copies of the minutes from today's meeting, including facts and figures. I
• asked the U of M representatives to sent us a copy of their maps that indicate the level and
depth of contamination. We can also get a copy of the studies that were done from
MPCA but at a substantial cost as the document itself is also substantial.
•
ufjatij
�orn M Schnitzer
A-
Schnitzer Iron & Metal Site •
Weight Ticket & RFI Summary
As of Nov. 30, 1995
Soft Battery Total
RFI Recipient Names Lead Lead Batteries Lead Transformers
(all amounts are in pounds)
First Group
Ford Motor Plant 55,182 55,182
Onan Corp. 40,703 40,703
Witte Radiator 14,038 2,718 16,756
Prieve, Oliver 3,234 1,542 11,324 16,100
Kehne Electric Co. 11,910 11,910
City of St. Paul 1,470 7,854 9,324
American National Can Co. 9,098 9,098
John Morrell Co. 9,032 9,032
Int. Harvester/Navistar 8,341 8,341
University of Minnesota 2,008 6,560 8,568 1,545
H. Brooks Co. 8,184 8,184
Midway Chevrolet 5,825 5,825
Fuel Oil Service 5,429 5,429
City of St. Anthony 5,116 5,116
Midwest Jobbers 4,743 4,743
Fred's Tire 81 3,966 4,047
Sears, Roebuck Co. 3,737 3,737 •
A.I.D. Batteries/Mixon 3,650 I 3,650
Electric Machinery Manuf. 3,626 3,626
Gas Supply 3,554 3,554
Metropolitan Transit Com'n. ' I 1,767 1,767
City of Minneapolis 1,423 1,423
Northern States Power Co. '
' RFI indicated additional disposal not in this summary
Second Group
Cummings Diesel 2,647 2,647
Coca-Cola 2,599 2,599
Fisher Nut 2,526 2,526
Goodwill Industries 934 416 1,072 2,422
Zentic Industrial Battery 1624 768 2,392
Deluxe Corp. I 2,329 2,329
Nation-Mde Paper 2,233 2,233
Rosedale Chevrolet 2,170 2,170
City of Shoreview 2,160 2,160
Peter Plumbing 1,852 4 ; 84 I 1,940
Phillips Petroleum 73 1,737 1,810
Unisys I 1,726 1,726
City of North St. Paul 1,704 1,704
Genuine Parts- NAPA I 1,651 I 1,651 •
Page 1
• Soft I Battery I Total
RFI Recipients Lead Lead Batteries Lead Transformers
I
Kath Bros. Fuel Oil Co. I 1,435 1,435
Murdock Plumbing 1,308 1,308
GT Trucking 1,270 1,270
Crosstown Used Auto Parts 1,255 1,255
Cargill, Inc. I 1,115 1,115
Midland Hills Country Club I 1,087 1,087
Interstate Detroit Diesel 1,074 1,074
U Haul ! 1,055 1,055
Blaine Bros. Maint., Inc. I 1,046 1,046
Hedman Plumbing 1,041 1,041
Merchant's Cartage j 963 963
Thermoform Plastics I 889 889
Twin City Testing 246 I 586 832
H.B. Fuller 749 749
City of Apple Valley I 726 726
Terminal Whse/Transport I I 708 708
Wilkin's Dodge 622 j 622
Ramsey Cty. Parks & Rec. I 612 612
Macaiester College 454 I 135 589
Midway Transfer j 545 545
Minnehaha Academy I 515 515
• Marigold Foods j I 442 442
Luther Seminary 385 385 j
Krupenny & Sons Disposal I j 380 j 380
Midway Ford I 374 374
City of Centerville I 333 333 j
Adolfson & Peterson I j 328 328
Mn Dept. of Transportation j 316 + 316 +
Nickelson Co. 48 259 307
Gopher Oil I 247 247
Freeway Towing j 201 201
City of White Bear I 166 166
M.D.I. 151 I 151
Dale Imports j I 128 128 j
Albrecht j 110 110
Bor-Son Construction 94 94
Dart Transit Co. 84 84
Tower Asphalt j I 70 70 j
Shriner's Hospital I 42 42 j
Gopher Plumbing 18 I j 18
I
TOTALS 38866 3586 1 247,268 j 289,720 1,545
•
Page 2
TO: Schnitzer Iron and Metal MERLA Site Potentially Responsible Parties •
FROM: Gary Brisbin
RE: Group Agreement
Attached for your review and signature is what I believe will be the final copy of
the Group Agreement. I have not proof-read this document, but believe it contains
ail of the changes to which the participants agreed at the two preceding meetings.
If you spot any errors or omissions, please let me know as soon as possible (612-
574-5834). 1 will be away from my office until Friday, January 19, 1996, but you
may leave messages with my secretary or voice mail.
If this document is acceptable to you, please sign and date it where indicated, and
fill in the information regarding your Designated Representative for Receipt of
Notice and Invoices on the appropriate page. Send those two pages to Kim Moore-
Sykes, City of St. Anthony, 3301 Silver Lake Road, St. Anthony, MN 55418.
The Group has put a great deal of time, effort and thought into this document, and
while I obviously wish it were not necessary, I am proud to be associated with
this Group. Thank you.
•
s:\gib\schnit.doc
•
• SCHNITZER IRON AND METAL MERLA SITE
GROUP AGREEMENT
This Agreement is made as of January 26, 1996, between and among the parties
whose authorized representatives have executed this Agreement ("Members") so
as to establish a cooperative working group with respect to the Schnitzer Iron and
Metal Minnesota Environmental Response and Liability Act ("MERLA") Site (the
"Site") located in Minneapolis and St. Paul, Minnesota.
WHEREAS, without admitting any fact, responsibility, fault or liability in
connection with the Site, the Members wish to (1 ) devote their resources
efficiently to respond to any claims for investigation, response and/or remediation
that may be asserted by duly authorized agencies and/or courts of the State of
Minnesota or the United States with jurisdiction in connection with environmental
conditions at the Site; (2) allocate among themselves common legal, technical,
administrative and other costs incurred in connection with this matter; (3)
encourage participation of non-participating parties; and (4) preserve and protect
the confidentiality of documents, information and work product received by and
developed by the Members.
• NOW THEREFORE, in consideration of the foregoing, the Members mutually
agree as follows:
1 . The Schnitzer Site Groff The Members hereby organize and
constitute themselves as the Schnitzer Site Group which may be
referred to herein as the "Group". Each party whose authorized
representative has executed this Agreement is a Member of the
Group.
2. Purpose.
2.1 Activities. It is the purpose of this Agreement that the terms
hereof shall control the manner and means by which the
Members will:
(a) retain common counsel to represent the interests of the
Group.
(b) retain technical consultants to provide technical support
for the Group's efforts;
•
-1-
(c) pursue information linking additional parties to the Site as •
Responsible Parties ("RP's");
(d) raise and spend all reasonably necessary funds to
implement these purposes; and
(e) take all necessary and reasonable actions to effectuate
this Agreement.
(f) Implement any remediation of the Site as agreed upon by
the Group.
3. Organization and Procedures.
3.1 Steering Committee. In order to carry out the purposes of this
Agreement, the Members do hereby establish the Steering
Committee. Each Member, and any individual serving on any
committee or subcommittee in behalf of any Member, agrees,
by virtue of such service, to maintain the privileged nature and
confidentiality of all communications and proceedings of such
committees and subcommittees; such obligation shall continue
in the event such individual should leave the employ of or cease
to represent such Member. •
3.2 Steering Committee Chair, The Steering Committee will elect a
Chair by a majority of the Voting Power (as defined in Section
3.7), who will also serve as Chair of the Group.
3.3 Authority to Decide. Except as otherwise provided herein, the
Members shall act by and through the Steering Committee.
3.4 Meetings, The Members may authorize or direct actions under
this Agreement only at meetings duly held and called for such
purpose, which meetings shall be called regularly by the
Steering Committee. Meetings of the Group may be called for
any purpose at any time by the Chair or by any three or more
Members of the Steering Committee or by any five (5) or more
Members of the Group. Meetings may be held or attended by
telephone conference.
3.5 Decision Making. Any matter under this Agreement may be
referred to a meeting of the Group. The Group shall attempt to
make decisions by consensus; however, except as otherwise
provided herein, on any matter put to a vote, such matter shall
-2-
•
• be decided by a majority (more than 50%) of the Voting Power
(as defined in Section 3.7 of this Agreement) of the Members
present in person or by proxy at the meeting.
3.6 Notice of Meetings. Written notice of the time, place and
purpose of any meeting of the Group shall be given to each
Member at least five (5) days and not more than thirty (30)
days before the date of such meeting either personally or by
mail or by other means of written communication, charges
prepaid, addressed to each Member at the address appearing on
the service list maintained by the Steering Committee. If a
meeting is called on less than five (5) days written notice, the
Members calling the meeting shall make a reasonable effort to
provide notice in fact to every Member. No assessment may be
made at a meeting at which less than five (5) days notice has
been given.
3.7 Voting Power. At any Group meeting, each Member shall have
a vote in the proportion that the amount of financial
contribution assessed, due and paid by such Member as of the
last assessment made pursuant to this Agreement prior to such
• meeting bears to the total amount of financial contribution
assessed and paid by all Members under this Agreement as of
such assessment; provided that any Member which has been
assessed a financial contribution which assessment remains
unpaid at the time the meeting is called may vote only upon
payment of the full assessment prior to the voting process.
3.8 Voting by Proxy, A Member eligible to vote at a Group meeting
may assign in writing, using the form attached to this
Agreement, its Voting Power to another Member eligible to vote
at the meeting. If the Assigning Member instructs the other
Member how to vote the assigned Voting Power, the other
Member will faithfully follow such instructions.
3.9 Quorum. Fifty percent (50%) of the eligible Voting Power shall
be present in person or represented by proxy at any Group
meeting.
3.10 Right of Separate Counsel. Notwithstanding any common legal
advice and services in respect to any matter, each Member
reserves the right to select and retain its own counsel to
represent such Member on any matter and shall advise common
counsel and the Steering Committee if such Member is not to
•
-3-
be represented by or through common counsel with respect to •
any such matter.
4. Steering Committee
4.1 Members. Membership on the Steering Committee shall be
open to any Member who expresses a willingness to make its
representative reasonably available to participate actively in the
functions of the Steering Committee. The Chair will maintain a
current list of members of the Committee. If a Member wishes
to be a Member of the Steering Committee, it shall notify the
Group in writing and membership shall be effective upon receipt
of such notification. A Member may withdraw from
membership in the Steering Committee at any time by written
notice to the Group.
4.2 Enumerated Powers. The powers, duties and responsibilities of
the Steering committee shall include:
(a) selecting, retaining, and determining the activities of any
technical consultant, common legal counsel, and
investigator retained for assistance in the matter;
(b) appointing a Technical Subcommittee or other •
subcommittee to handle specific matters;
(c) communicating with the Minnesota Pollution Control
Agency (" MPCA") and other agencies and persons with
respect to all matters arising out of the Site;
(d) collecting and disseminating information and documents
from and among the Members, its consultants and its
common counsel;
(e) establishing and maintaining on behalf of the Group a
trust or escrow account, pursuant to Section 5.5, and
providing the Members with a periodic accounting of
those funds pursuant to Section 5.3 of this Agreement;
(f) recommending to the Group a method of allocating
Shared Costs, as defined in Section 4.3; and
(g) conducting such other activities as are necessary and
proper to carry out the purpose of this Agreement.
-4- •
• 4.3 Shared Costs. Those activities authorized by the Steering
Committee or the Group to be incurred on behalf of the Group
shall be funded by the Members as Shared Costs, as set out in
Section 5.
4.4 Votina. The Steering Committee shall attempt to make
decisions by consensus; however, on any matter put to a vote,
such matter shall be decided by a majority of the Voting Power
of the Steering Committee Members present in person or by
proxy at the meeting.
4.5 Reports to the Group and Call for Group Meetings, The
Steering Committee shall report in writing its decisions, actions,
and recommendations to the Group from time to time as may
be necessary to keep the Group fully informed of matters
covered by this Agreement, and shall call meetings of the Group
when needed to refer to such meetings any matters which, in
the judgment of the Steering Committee, should be referred.
4.6 Quorum, Fifty percent (50%) of the eligible Voting Power of
the Steering Committee shall be present in person or
• represented by proxy at any Steering Committee meeting.
4.7 Compensation. The Members of the Steering Committee shall
serve as volunteers without compensation from the Group.
4.8 Call for. and Notice of, Meetings. The Steering Committee may
authorize or direct actions under this Agreement only at
meetings duly held and called for such purpose, which meetings
shall be called regularly by the Steering Committee. Meetings
of the Steering Committee may be called by the Chair or by
any two (2) Members of the Committee. Whenever feasible,
written notice of the time, place and purpose of any meeting of
the Steering Committee shall be given to each Member at least
five (5) days before the date of such meeting either personally,
by telephone, by fax, or by other means of written
communication charges prepaid, addressed to each such
Member at the address appearing on a service list to be
maintained by the Steering Committee. If a meeting is called
on less than five (5) days written notice, the Members calling
the meeting shall make a reasonable effort to provide notice in
fact to every Member. Meetings may be held by telephone
conference.
•
-5-
5. Shared costs. •
5.1 Payments. Assessments for Shared Costs shall be approved by
the Group. All assessments shall be due and payable within
forty-five (45) days of receipt of demand therefor from the
Group. Such payments shall not constitute admission of or be
evidence of any liability regarding the Site. All payments made
shall be credited towards the Member's final allocated cost or
settlement.
5.2 Future Contributions. Contributions for Shared Costs may be
assessed by the Group as needed to carry out the purposes of
this Agreement. Future contributions shall be assessed in
accordance with such fund-raising mechanisms as are approved
by the Group. Any assessment not expended by the Group
after complete and final satisfaction of any and all obligations of
the Group shall be distributed to the Members in proportion to
the assessment paid by each Member.
5.3 Accounting for Funds. The Steering Committee shall keep an
accounting of all funds received by or on behalf of the Members
and shall provide to the Members quarterly and annually,
informal accountings of monies received, spent and obligated, •
and a final accounting upon the termination of this Agreement.
Such accountings need not be prepared, audited or certified by
a certified public accountant; but any Member may, at that
Member's expense, request an independent audit of such
accountings.
5.4 Purpose of Funds. All monies provided by Members pursuant to
this Agreement shall be used solely for the purposes of this
Agreement and shall not be considered as payment for any
fines, penalties or monetary sanction.
5.5 Trust or Escrow Account. All payments shall be placed into an
interest-bearing trust or escrow account by the Steering
Committee.
6. Withdrawal and Removal
6.1 Withdrawal. Any Member may withdraw from all participation
in this Agreement upon written notice as of the date the notice
is postmarked, except that such Member shall remain liable for
any assessment of which is had written notice more than forty
-6-
• five (45) days prior to the date of withdrawal, provided,
however, that a Member upon execution of this Agreement may
notify the Group in writing of a maximum Participation Amount.
If any assessment results in the total of all assessments to such
Member exceeding that Member's Participation Amount, such
Member shall be deemed to have withdrawn from participation
in this Agreement on the date of such assessment unless the
Member confirms, in writing and within forty five (45) days
after notice of such assessment and each subsequent
assessment, that the Member wishes to remain a Member and
continue to participate in this Agreement. After the initial
designation of a Participation Amount, a Member may at any
time raise the level of its Participation Amount by written notice
to the Group.
Any member which withdraws from participation in this
Agreement shall be subject to the terms and conditions
applicable to withdrawing or removed members, including, but
not limited to, Sections 8 and 13 hereof. Any Member entering
into any settlement with the United States or the State of
Minnesota not approved by the Group relating to the Site shall
be deemed to have withdrawn from participation in this
Agreement effective upon date of settlement. Any member
that so withdraws may re-enter as a new Member pursuant to
Paragraph 7, upon payment of prior unpaid assessments, with
full credit for previous contributions.
6.2 The Group will take no action for damages against a Member
that withdraws because that Member withdraws as set out
herein. A withdrawn Member may enter into another group
with purposes similar to this Group. After withdrawing as set
out above, a Member will have no obligation or liability for costs
associated with or arising from the Site other than what it
would have had if it had not ever been a Member.
6.3 Removal of a Member. If any Member's interests or actions are
reasonably alleged to be contrary to the interests of the other
Members, such Member may be removed from this Agreement
by a vote of three-fourths of the Voting Power of the Group
present in person or by proxy at a Group meeting called for the
purpose of considering such removal. If any Member fails to
pay any portion of any assessed financial contribution pursuant
to this Agreement within sixty (60) days following receipt of
notice of such assessment, that Member shall be considered in
•
-7-
default and may be removed from this Agreement by a vote of •
two-thirds of the Voting Power present in person or by proxy at
a Steering Committee meeting called for the purpose of
considering such removal. Any removed member shall remain
liable for any assessment of which it had written notice more
than thirty (30) days prior to the date of removal, and shall be
subject to the terms and conditions applicable to withdrawing or
removed members, including, but not limited to, Sections 8 and
13 hereof.
7. New Members.
Any entity that becomes a Member by execution of this Agreement
subsequent to the effective date of this Agreement shall be deemed a
Member ab initio and shall be assessed and pay all sums which such
Member would have been obligated to pay if a Member ab initio,
provided that the Steering Committee may impose other or additional
conditions of membership for new Members.
8. Confidentiality and Use of Information
8.1 Shared Information. From time to time, the Members may elect
to disclose or transmit to each other, such information as a •
Member, the technical consultant, common counsel or private
investigator deems appropriate for the sole and limited purpose
of providing information, advice, thoughts or impressions
relating to the Site, or coordinating such activities as may be
necessary and proper to carry out the purposes of this
Agreement ("Shared Information"). Shared Information may be
disclosed to or transferred among the Members orally or in
writing or by any other appropriate means of communications.
8.2 Preservation of Privilege. Disclosure of Shared Information
between or among Members, common legal counsel or technical
advisors shall not be deemed a waiver of the attorney-client
privilege or work product immunity or any other privilege.
8.3 Confidentiality of Shared Information
(a) Each Member agrees that all Shared Information received
from any other Member, or counsel, technical consultant
or investigator retained by the Group pursuant to this
Agreement shall be held in strict confidence by the
receiving Member and by all persons to whom such
-8-
•
• Shared Information is revealed by the receiving Member,
pursuant to this Agreement, and that such information
shall be used only in connection with conducting such
activities that are necessary and proper to carry out the
purposes of this Agreement;
(b) Each Member shall take all necessary and appropriate
measures to ensure that any person who is granted
access to any Shared Information or who participates in
work on common projects or who otherwise assists any
counsel, technical consultant, or private investigator in
connection with this Agreement, is familiar with the
terms of this Agreement and agrees to comply with such
terms as they relate to the duties of such person;
(c) The Members intend by this Section to include in the
definition of Shared Information all information and
documents shared among any Members or between any
Member and technical consultant or private investigator
retained by the Group to the greatest extent permitted by
law regardless of whether the sharing occurred before
• execution of this Agreement and regardless of whether Q
not the information is shared orally or in writing, or
whether a writing or document is marked "Confidential";
(d) The confidentiality obligations of the Members under this
Section shall remain in full force and effect, without
regard to whether a Member withdraws or is removed,
whether this Agreement is terminated or whether any
action arising out of the Site is terminated by final
judgment or settlement. The provisions of this Section
shall not apply to information which is now or hereafter
becomes public knowledge without violation of this
Agreement, or which is sought and obtained from a
Member pursuant to applicable discovery procedures and
not otherwise protected from disclosure;
(e) If a Member withdraws or is removed from the Group the
withdrawing or removed Member and the remaining
Members shall remain obligated to preserve the
confidentiality of all Shared Information. If this
Agreement is terminated, the Members shall return
documents or physical materials to the Member who
originally provided the Shared Information and all
•
-9-
Members shall remain obligated to preserve the •
confidentiality of all Shared Information received or
disclosed pursuant to this Agreement.
(f) Nothing herein shall limit a Member's right to
communicate Shared Information with the Member's
insurance carrier(s) to the extent necessary to preserve
any claim the Member may have under any policy,
provided that such communication is made with not less
than the same degree of care taken by the Member when
communicating its own confidential information to such
insurance carrier(s).
(g) Each Member acknowledges that public entities who are
Members may be required by law to disclose certain
Shared Information to the public if requested, and such
disclosure by the public entity shall not constitute a
violation of the confidentiality provisions of this
Agreement. Such public entity Members will use their
best effort to
(1 ) keep Shared Information confidential to the extent
permitted by law; and •
(2) Inform the Chair of any request for Shared
Information promptly after such request is made,
and not oppose any steps the Group may take to
prevent disclosure through court order or other
applicable process.
9. Denial of Liability
This Agreement shall not constitute, be interpreted, construed or used
as evidence of any admission of liability, law, or fact, nor a waiver of
any right or defense, nor an estoppel against any Member by Members
as among themselves or by any other person not a Member.
However, nothing in this Section is intended or should be construed to
limit, bar, or otherwise impede the enforcement of any term or
condition of the Agreement against any party to this Agreement.
10. Insurance.
The Members do not intend hereby to make any agreement that will
prejudice any Member with respect to its insurers and, by entering into
-10- •
• this Agreement, anticipate that the actions taken pursuant to this
Agreement will benefit such insurers. If any insurer makes any claims
that any aspect of this Agreement provides a basis for rejection or
limitation of coverage of a Member, the Group will attempt, consistent
with the objectives of this Agreement, to return any Member subject
to such claim to a position that is satisfactory to such insurers.
1 1 . Successors and Assigns
This Agreement shall be binding upon the successors and assigns of
the Members. No assignment or delegation of the obligation to make
any payment or reimbursement hereunder will release the assigning
member without the prior written consent of the Steering Committee.
12. Relationshia of Members.
No Member, or representative or counsel for any Member, has acted
as counsel for any other Member with respect to such Member
entering into this Agreement, except as expressly engaged by such
Member with respect to this Agreement, and each Member represents
that it has sought and obtained any appropriate legal advice it deems
necessary prior to entering into this Agreement.
• No Member or its representative serving on any Committee or
Subcommittee shall act or be deemed to act as legal counsel or a
representative of any other Member, unless expressly retained by such
Member for such purpose, and, except for such express retention, no
attorney/client relationship is intended to be created between
representatives on any Committee or Subcommittee and the Members.
Nothing herein shall be deemed to create a partnership or joint venture
and/or principal and agent relationship between or among the
Members.
13. Indemnification
No Member or its representative(s) serving on any Committee or
Subcommittee shall be liable to any Member for any claim, demand,
liability, cost, expense, legal fee, penalty, loss or judgment incurred or
arising as a result of any acts or omissions taken or made pursuant to
the provisions of this Agreement.
The terms of this Section shall survive the termination of the
Agreement and the withdrawal or removal of any Member.
• -11-
14. Claims Against Others. •
14.1 Agreement Not To Assert Certain Claims, Each Member hereby
agrees not to assert against any other Member any Claim
(whether denominated a cross-claim, third party claim or
otherwise) relating to any and all liability arising out of or
connected to the Site or litigation or negotiations concerning the
Site for the period during which the entity bringing such Claim
is a Member. Further, each Member agrees that the Statute of
Limitations and the Statute of Repose as to any such Claim are
tolled for the period during which the entity bringing such a
Claim is a Member. Any Member who has withdrawn or is
removed from this Agreement is no longer subject to this
moratorium on claims and the tolling of the Statute of
Limitations or Statute of Repose.
(a) Notwithstanding the provisions of this Section, any
Member may assert in a court of law or in such other
forum as it sees fit any claim, lawsuit or cause of action,
whether contingent or matured, which it may have
against another Member who 1 ) dissolves, publishes a
notice of dissolution, or files articles of dissolution with
the appropriate governmental entity, or 2) files or has •
filed against it a petition in bankruptcy or similar
proceeding. Any such assertion of claims shall not affect
the agreements in this Section among the other
Members.
(b) Notwithstanding the provisions of this Section, any
Member may assert against any other Member any
contingent or matured claim arising out of a contractual
relationship pertaining to any materials present at the Site
at any time, the presence of which creates for either
Member the status of responsible party with respect to
the Site.
14.2 Rights Against Third Parties. Nothing contained in this
Agreement shall affect any right, claim, interest or cause of
action relating to the Site of any Member hereto with respect to
persons not Members, including without limitation, claims for
contribution and indemnity against persons not Members. Also,
nothing contained herein shall prevent any Member from
asserting a claim or defense against the State of Minnesota or
the United States. Further, any Member who asserts a claim
•
-12-
• relating to the Site against a non-Member agrees to notify the
other Members of the Group of its action. The Steering
Committee may assert claims against third parties on behalf of
the Group or its Members, but only after giving notice to the
members and giving the Members opportunity to opt out of
such assertion of claims. Opting out of such assertion shall not
be considered withdrawal from the Group.
15. Waiver of Conflict of Interest
15.1 Legal Counsel. If the Group selects and retains legal counsel to
perform legal representation services that are of common
benefit to the Group, each Member agrees (1 ) that it will not
claim or assert that, based solely on counsel's past or present
representation of a Member, said counsel has a conflict of
interest in performing legal services authorized by the Group
and arising out of the Site unless the Member notifies the
Steering Committee of the conflict within twenty (20) days of
receiving notice of intent to hire legal counsel; (2) that it will
not claim or assert that, based solely on said counsel's
representation of the Group under the terms of this Agreement,
• said counsel has a conflict of interest in connection with any
representation of any other person or entity in a matter pending
as of the date hereof unless the Member notifies the Steering
Committee of the conflict within twenty (20) days of receiving
notice of intent to hire legal counsel; (3) that it will not claim or
assert that, based solely on said counsel's representation of the
Group under the terms of this Agreement, said counsel has a
conflict of interest in any future representation of any person or
entity unless the subject matter relating to said representation
arises out of or is connected to the Site or involves or could
involve any facts or information regarding the site obtained from
the Member during the term of this Agreement; (4) that if any
conflict develops in the performance of work authorized by the
Group and the Member, it will give notice to the Group and will
raise no objection to the continued representation of the Group
by common counsel provided that common counsel notifies
affected parties that it is not representing the particular member
with regard to the matter in issue, and (5) that if a Member
withdraws or is removed from this Agreement or its
representation by common counsel is in any way terminated, it
will raise no objection to the continued representation by
common counsel of all or any of the other Members in
connection with any legal services arising out of the Site.
•
-13-
16. Consultants. •
Service rendered to the Group by a consultant shall not be grounds for
disqualifying the consultant in any matter relating to the Site or in any
subsequent litigation, claim or action unrelated to the Site.
Any consultant employed by the Group in any matter in relation to the
Site cannot be employed by any individual Member in the same or
other matters arising out of the Site in which any other Member is
adverse, nor can such consultant be employed by a Member in the
capacity of an expert witness in any other proceeding arising out of
the Site, in which any other Member is adverse. However, if the
Group does not agree to undertake certain response actions, any
individual Member may engage a consultant previously engaged by the
Group for purposes of implementing such response actions. The
Members agree that each Member will not claim or assert during the
term of this Agreement that any consultant employed by the Group as
a whole has a conflict of interest in representing the Group as a whole
on the grounds that certain Member interests are inconsistent or that
the consultant has been privy to confidential information. Nothing in
this Section shall preclude the Group from voting to reimburse any
Member for consultant fees it has incurred on behalf of the Group. A
consultant whose fees have been reimbursed in this manner shall not •
be precluded from continuing or resuming work on behalf of any
individual Member unless the reimbursement resolution so provides.
17. Effective Date, Method of Execution
The effective date of this Agreement shall be the date first stated
above. This Agreement shall be executed in multiple counterparts,
each of which shall be deemed an original, but all of which shall
constitute one and the same Agreement.
18. Amendments.
This Agreement may be amended only by a vote of at least two-thirds
of the Voting Power of the members present in person or by proxy at
a Group meeting called for the purpose of considering such
amendment. Such amendment shall become effective thirty (30) days
after written notice of the adoration of such amendment is mailed to all
Members. However, Sections 13 and 18 hereof cannot be amended
to limit the effect of Section 13 hereof with respect to acts or
omissions taken or made prior to such amendment.
•
-14-
• 19. Separability_
If any provision of this Agreement is deemed invalid or unenforceable,
the balance of this Agreement shall remain in full force and effect.
20. Nonwaiver.
Except for those sections which, by their terms, waive some right,
such as Sections 13, 14 and 15, nothing in this Agreement shall be
construed to waive any rights, claims or privileges which any Member
shall have against any other Member or any other person or entity.
21 . Entire Agreement.
This Agreement constitutes the entire understanding of the Members
with respect to its subject matter.
22. Choice of Law.
This Agreement shall be governed and construed under the laws of
the State of Minnesota without giving effect to any conflict of laws
• principles or statutes that may result in the application of any other
law.
23. Termination.
This Agreement may be terminated by a vote of two-thirds of the
Voting Power.
24. Notice
Where written notice is required or permitted hereunder, it shall be
deemed sufficiently given to, and received by, a party upon any of the
following:
A. Personally given to a person attending a Group or Steering
Committee meeting on behalf of the party;
B. For meeting notices only, sent by facsimile to the Designated
Representative as set out in the attachment hereto, which the
Member may amend from time to time by notice to the Steering
Committee Chair;
•
-15-
C. Sent by registered U.S. mail, return receipt requested, or by •
courier or express mail carrier with evidence of receipt, to the
Designated Representative at the address set out in the
attachment hereto, which the Member may amend from time to
time by notice to the Steering Committee Chair.
IN WITNESS WHEREOF, the Members hereto, which may be by and through
their appointed counsel, enter into this Agreement. Each person signing this
Agreement represents and warrants that he or she has been duly authorized to
enter into this Agreement by the company or entity on whose behalf it is indicated
that the person is signing.
is
Member:
Date:
By:
(Name and Title)
•
-16-
• Designated Representative for Receipt of Notice and Invoices:
NAME:
ADDRESS:
TELEPHONE NUMBER:
FACSIMILE NUMBER:
•
•
-17-
SCHNITZER IRON AND METAL MERLA GROUP PROXY
I, the duly authorized representative of
(hereinafter the "Member") do hereby grant the Proxy of the Member to
for the ,
meeting to be held on the day of ;
is hereby authorized and empowered
to vote for said Member and in said Member's name and stead at such meeting
(and at any adjournment thereof) on any issue, except for those issues listed
below, put to a vote in accordance with the Schnitzer Site Agreement. For those
issues noted below, has no authority on behalf of
the Member and must abstain from voting on the Member's behalf.
Member: •
Date:
By:
(Name and Title)
Issues for which this proxy is granted;
1 .
2.
3.
Issues for which this proxy is not granted:
1 .
2.
3.
•
-18-
GOAL SETTING RETREAT
FRIDAY AND SATURDAY, MARCH 8/9, 1996
PURPOSE: To have elected officials and staff meet to identify goals and areas the
City should be concentrating on over the next 1 - 3 years.
PARTICIPANTS: 5 Elected Officials
1 Planning Commission Chair
1 City Manager
1 Management Assistant
5 Department Heads
Police
Fire
Finance
Public Works
• Liquor
WHEN: Friday, March 8 5:30 P.M. Dinner
6:30 P.M. to
8:30 P.M. Meet with consultant
Saturday, March 9 8:00 A.M. Breakfast
8:45 A.M. Meeting with consultant
12:00 P.M. to
1:00 P.M. Lunch and wrap-up
The consultant will put a proposal together based on the above time frame. In addition, the
consultant should meet with staff prior to Friday's meeting to gather their ideas that will be
discussed with the Elected Officials at Friday's meeting. It's up to the consultant to prepare
Saturday's session.
The consultant must report back to the City within one month with the results of the meetings.
•
viz -
lHa s and Directional Information _
• 94
,o
I BF
694 94 I I
N494 694 _
94 �.
Plymouth
55
1 ^
1 / 15E
12� 139a, 12 �1 SI PML 694
94
94
{I a
S1� MINHWOUS
I 3 �1 l.(
494 1 494
62 �
494
'169 15E 55 IJ .
212 ri o
494 ,
FROM MINNEAPOLIS-ST. PAUL INT-L AIRPORT
o Follow Interstate 494 West. I-494 will curve around and
s become I-494 North. Stay on I-494 North until Highway
SP
55, Exit 22. Turn right onto Highway 55 East, and then
o X�ni left at the first set of signal lights, this will be Northwest
�+ 0,7e Boulevard. Turn at the third left off of Northwest Boule-
a vard, Xenium Lane. Follow Xenium Lane to the Hotel.
I FROM DOWNTOWN MINNEAPOLIS
0
m Take Interstate 394 West to the Plymouth Road Exit.Turn
right and follow Plymouth Road, this will become North-
�0nlp�s r west Boulevard. After you have crossed Highway 55, take
�rl�e z the third left,Xenium Lane.Xenium Lane will curve around
to the Hotel.
b&22
4finnesOJaH;9hwo
YSS
55
Ra isson.
HOTEL AND CONFERENCE
C E N T E R P L Y M O U T H
3131 Campus Drive•Plymouth.Minnesota 55441
Phone 612 559-6600•T-av 612 559-1053
y o u n e e d FOR FLAWLESS MEETINGS IN ONE COMPLETE PACKAGE.
• Conferences sen ices desk is staffed for the duration of%.our
meeting to assist cc ith any special requests.
)e Lrc r Orrrnrght:Irrommodotions— rodding fresh,appealing dining options is a top priority. • Full)stocked office supply table is set up to provide any
in;;lc or double occupancy Breakfast and lunch are served buffet style;dinner is served items that may have been forgotten.
"all hgljer Ifr rakjrrst at your table.These sample menus vary daily.Alternate menus • Conference meeting rooms are separated from the hotel and
Pitt anotts •our out h
Refreshment Breaks throw work da social function space and feature sound-resistant scalls for
j g ) ) and special dietary, arc easily accommodated.
'.nn,L I7rrf et BRFAKFASTll.l\CliDIV. Flt interruption-free meetings.
)nu,rr in Fittopa Conference Dining Room Scrombird Eggs Salad Bar Salad bar or
Quirhr Lorraine Soup Choirr of Soup
Il/1r,r,dSrr:•irrGraluifirs BlueberryBhnt:rs Harm Roth Choice of fon Entrees
Pancakes.11'aflles 9 Deli Bn/fet Fresh 1'rgetables
'h,du mrd.11eeting Spurr as ailable 24-hours for)-our exclusive use French Toast Gritted Sandwich Rice or Potatoes it Conference Services,Manager assigned to personally
1,1:,rrrrrA:lrrrlio:isrral F. tri ntent including 35mm Baron French Fries or Dessert Buffer assist with all)our meetings needs.
4 p gmm se Sewage Links Onion Rings
�nd oocrlicad projectors,flipcharts,board s)slems, Assortment of.11inns Choice of Tan Entrees
Bagets ayth Bnnrr Fresh Vegetables • Projessionalrludioeisual Technicians on-site to skillfully
udt-in projection screens and more orCreom Cheese Rice or Potatoes
monitor)our meeting from behind the scenes and protide
Mored Cereals Dessert Ru et sU rt as needed.
till ecce ujRe,rentionol amntilies Ir
Fresh Fruit pfp
:'m„pinrrrntcuy Parking Clmice of beverage included with all meals.
ri n,.•per turian a iihin a ten-mile radius of the hotel . rl dditional,ludiovisnal Srn•ires are provided from c ideo
production to computer graphics and teleconferencing.
1
CONFERENCE, Our$2 million inventor of audios isunl equipment oo ill meet
At the Radisson Hotel R Conference Center,we're an)•requirement.
hun:in uc encight stu)is not part of your meeting dedicated to providing the best possible em ironment and
I•'rrll-Sen•irt Graphics Department and oris studio,staffed
I Lquiremeuts,four Day%feeling Package offers the same consistently delivering the best conference sen ice to ensure by professionals skilled in the production of slides,
anent all-inclusio a pricing. successful,Oaoc lessly executed meetings. transparencies and other forms of visual communications.
',,,rnrrrunl!fs res!fnsr Dedicated Meeting Spare • All meeting rooms feature n inflows with blackout shndes; . Complete Secnfarial Sen•ires with advance notice.
:,,,:nnrronf R,freAmenr • .-1 rrdiocisaal Equipment computer hook-ups cc illi in.and out-phone lines;custom-
. Use of Recreationalrlmenities
.r,rr,l�lfrr(et . sized conference tables;and special chairs designed to . Ott-Site Fitness Center including indoor sec imming pool,
Buffet Complimentary%iihi ng eliminate fatigue. cchirlpool,saunas,ecercise and height rooms.Plus,
m..I Crr:•u r Gnthrilies • Transportation a ithin ten miles
• A user-friendly control panel cc ithin each meeting room tanning facilities,massage•racquetball,basketball and
allows remote access to all electronic functions–open or close aerobics.Outdoors four lighted tennis courts,tern sand
shades,Jim[lie lights and operate slide projectors n ith the voile)hall courts,jogging and walking trails are available.
push of a button! We'll arrange special group attic itics on and off site to help
t r.create:t meeting package to suit 1'ol'R needs– meet)•our recreational and team-building needs.
WE'RE FlYA1111.0
M
IN
� a
��M
About the Facilitator: (
Anna Maravelas is a licensed psychologist and principal of an international
consulting business. She has worked in leadership development, team-
building, change management, and conflict resolution for over 20 years.
She frequently conducts seminars for both The Carlson School
of Management at the University of Minnesota
and the Management Center
at The University of St. Thomas.
,t
In 1991 , her work in collaborative
f ,
leadership prompted Dr. Deming
to grant her a personal interview.
t
She has trained at Harvard
Law School's Negotiation Project,
and her work has been featured in
several publications, including
the St. Paul Pioneer Press and
Training Magazine.
Her clients include:
Twin Cities Public Television, Peat Marwick, The Employers Association,
Land O' Lakes, The Minnesota Department of Revenue, The Star Tribune,
General Mills, The United Way, and Hennepin County Medical Center.
Anna's logo, symbolizing partnership relationships, is taken from the
Minoans of ancient Greece.
ANNA MARAVEIAS, M.A., LICENSEd PSyckoloq,iST
489 HARRIET AvE, ShOREviEW, MN 5 5126, (612) 481-8 5 5 3
!/S
Seminars, Public Speaking & Consulting:
Conflict Prevention and Resolution
t Rebuilding Trust Between Management and Staff
t Preserving Trust in Working Relationships
t The Prevention and Resolution of Conflict
t De-escalating Entrenched Conflict
Anna conducts seminars in conflict management,and serves as a facilitator to de-escalate
entrenched conflict. The process she uses,and trains others in,creates the conditions in
which the wisdom of the team can emerge. She has worked at all organization levels--
front line to executive,with groups ranging in size from two to 140 people.
Streamlining Work Through Teams
t The Leadership Transition to the Collaborative Workplace
t Skills for Collaborating and Aligning with Other Agencies
t Strategies for Creating Empowered Teams
t Pride in Work: The Delighted Customer
t Tools for Streamlining Work
Anna has helped many organizations: clarify and align team mission; problem-solve and
plan in complex,dynamic systems; identify and address inappropriate team behaviors;
collaborate with other work units; and streamline work flow.
Change Management & Communication Skills
t Using the Myers-Briggs Instrument to Communicate More Effectively
t Building Work/Life Resiliency: Managing Stress and Change
t Communication and Listening Skills for Executives and Staff
t Coaching the Troubled Employee
Anna has helped organizations address both systemic and interpersonal barriers
to healthy communication. In addition, she consults with organizations
to address the needs of employees after traumatic events.
Strengthening Executive Teams
Anna has helped executive teams move from functional, turf-oriented
mind-sets to collaborative,interdependent alliances. She assists executive teams in
identifying the procedures they must 'own" for organizational health.
ANNA MARAVEIAS, M.A., LICENSEd PSY6010giST
489 HARRi
ET AVE, SNOREVIEW, MN 55126, (612) 481,8553
I f le
Rebuilding Trust Between
Management and Staff
"I am amazed at how you held the attention of both union members and
management-a testimony to the pertinence and timeliness of the material. "
Why do so many organizations struggle with relationships between
management and staff"? What are the root causes of deterioration between
these two groups? Are there common mistakes, outside of awareness, which can
easily be avoided?
During this seminar participants examine behaviors which lead to dependent and
resentful employees versus those which create climates of joint effort.
At the conclusion of this seminar, participants are able to:
§ Avoid well-intended behaviors which create staff dependency and resentment
§ Resist the temptation to place blame outside their span of control and
ultimately lose the opportunity to address the problem
§ Avoid problem solving where one side takes sole responsibility for problem
identification and resolution
§ Utilize a step-by-step process for engaging both parties in the creation and
implementation of solutions
§ Skillfully use the subtle, but powerful, influence of positive expectations on
performance
§ Replace automatic reactions with behaviors that are consistent with the desired
outcome
For more information, contact:
ANNA MARAVEIAS, M.A., LiCENSEd PSyChOlOgiST _J
489 HAaaiEr AvE, SNOREviEW, MN 5 5126, (612) 481-8 5 5 3
Preserving Trust in Working Relationships:
Preventing the Escalation of Conflict
"One of the top seminars I have ever attended —
the applications of this material are endless. "
Solid working relationships between colleagues, stakeholders, suppliers,
and customers are the most valuable asset of any business. When these
relationships begin to erode, organizations need not feel powerless. There are
specific, concrete actions which people can take to prevent the escalation of
conflict and restore the relationship.
During this one-day seminar, participants 1) learn how to recognize the subtle
indicators that relationships are at risk and 2) skillfully intervene.
At the end of this seminar, participants are able to:
§ Recognize common, self-defeating behaviors in handling conflict
§ Identify errors in thinking which trigger the breakdown of the relationship
and, ultimately, the loss of the resource
§ Anticipate the phases of conflict escalation and respond effectively in early
stages.
§ Utilize a five-step process for preventing others from retreating into self-
protective behavior
§ Act with confidence and skill to preserve the most critical asset of any
business — sound working relationships between colleagues and customers
For more information, contact:
ANNA MARAVEIAS, M.A., LICENSEd PSyChOlOriST
489 HARRIET AVE ShOREViEW MN 5 5
126, (612) 481-8553
The Prevention and Resolution of Conflict:
Strategies for Systems and Individuals
"Outstanding information, presented expertly —
an uncommon ability to engage the class. "
This seminar is designed to address both prevention and resolution strategies,
using system and individual tools. It combines two separate workshops,
"Rebuilding Trust Between Management and Staff" and "De-escalating
Entrenched Conflict," into a powerful two-day course.
Focus on Prevention: Rebuilding Trust
Between Management and Staff
• Avoid well-intended behaviors which create staff dependency and resentment
• Resist the temptation to place blame outside their span of control and
ultimately lose the opportunity to address the problem
• Avoid problem solving where one side takes sole responsibility for problem
identification and resolution
• Utilize a step-by-step process for engaging both parties in the creation and
implementation of solutions
Focus on Resolution: De-escalating Entrenched
Conflict
• Skillfully turn heated adversaries into empathetic listeners — hearing the facts
surrounding the conflict, perhaps for the first time
• Listen beneath the anger of each party to identify the driving fears and hopes
• Uncover concrete, over-arching goals, to which each party willingly commits
• Write compelling contracts, designed to protect the new alliance
S
'1 ANNA MARAVEIAS, M.A., LICENSEd PSyCh0l0giST
489 HARRIET AVE ShOREVIEW MN 5 3126 612 481-8 5 5 3
KRREN RRV RSSOCI RTES
612-377-2128
fax: 612-866-4804
January 29, 1996
Mike Mornson, City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, 1VIN 55418
Dear Mike,
Thank you for the opportunity to submit a proposal for the Council/staff work
session on goal setting scheduled March 8-9, 1996. I last worked with the
Council in 1994 and appreciate the opportunity to work with you again.
Based on the retreat outline you faxed to me, I am recommending a process
where staff and Council consider goals separately (in two small groups)
and then agree on a final work plan together. My role would be to
facilitate the dialogue, make sure everyone is heard, and produce a
reasonable work plan. I understand from your fax that you would like me
to write up the goals selected at the retreat, as well.
Also enclosed is some information about this firm. Karen Ray Associates
has a thirteen year history of providing training and consulting services for
municipalities and non-profit organizations. I'm well known for energetic
workshops, and discussion facilitation which informs and empowers the
participants. Fees are $1,000 per day. There are no travel charges for
activities conducted in the seven county ifea, and nd telephone or postage
costs. A budget is proposed wHieh ihcltide§ Grp-wofk; f2"cilit9tihh. afid the
write up. Of course, the firm l bud6get t0ould be fiegotiat68 �etwv'4_ii pis based
on mutual decisions for ttie work to 6e coffloleted.
I look forward to talking with yob sodh.
• Cordially,
Karen L. Ray
•
BUSINESS DESCRIPTION
WORDING WITH LOCAL GOVERNMENTS
Karen Ray Associates has conducted training or consulting with these local governments:
1995 City of New Brighton
TOPIC Strategic Planning for Public Safety
1993 - 1995 City of Worthington
TOPIC Developing Family Service Collaborations
Building A Cultural Diversity Effort
1993 - 1995 Minnesota Municipal Clerks Institute
TOPIC Taught sessions on interpersonal effectiveness;
working with Council members, and the role of staff.
1993- 1994 City of St. Anthony
City of Cottage Grove
TOPIC Building Council and Council-Staff teamwork
1993- 1994 Municipal and Fiscal Officers Association
TOPIC Interpersonal Effectiveness
1993 MAUMA Skill Training Session
TOPIC Workshop titledWorking> in Crisis Times
1989 - 1990 City of White Bear, City of New Brighton,
City of Minnetonka
TOPIC Workshops titled Condtictiiig Effeeiivi koPiings
1979 - 1990 City of Gtdnd ROlds srid Ita66A CddfitL
TOPIC Develdping a Edllaborativ'6 d8li®eryv Sysf4ifi( f6 f
literacy service .
1990 Women in City 088 drnrne'it
TOPIC Changing the OigAssioflad organisation to better
meet the need's of its iii�m64(
Other clients include: City of Champlin city bf Cfbbkstdn
The Minnesota Mayors Conference City df kdseville •
The League of Cities Conference City of Burnsville
WORKING WITH BOARDS AND
BOARD - MANAGED AGENCIES
Karen Ray Associates has been helping agencies and their Boards grow and
strengthen since 1983. While working with Board members or agency staff, the
focus is on leadership, collaboration, conflict management, problem-solving
approaches and customer relations.
Examples of the results of this work in recent months include:
Work relationships between staff and Board members were strengthened:
During 1993 Karen Ray Associates conducted more than a dozen one day
or multi-day workshops specifically on Board - staff issues including
teambuilding, negotiation, goal setting and problem solving.
Long range plans developed for 8 profit or non-profit organizations:
Karen Ray Associates facilitated planning and problem solving sdssiohs for
• these Boards which resulted in long range planning documdnts
Collaboration enhanced among several organizations in downtown
Pittsburgh:
These Board-managed agencies had been competing for funding, and now
file joint funding applications.
Enhanced cooperation between, pr6#lders df llt+er6eV 94rvl666 lH
school districts, industries and ndn=profit organii btl669
This multi-year project called fdr collaborative actibn aftiohd 67 b8ards and
their organizations.
Created a network of 28 counties to ittiprove d6li00 64 WVices to
troubled families:
Karen Ray Associates facilitated reti'e64s, rMbtlnys; afid w&ksllbbi td help
County Commissions in ruFal M(Hhdsdta di W with *illy 199LAs �Ubi1 as
abuse and chemical depdhdencg.
•
rzz
• February, 1996
PROPOSED VOLUNTEER
DINNER LIST
Planning Commission
James Gondorchin
Rosemary Franzese Doug Bergstrom
Christopher Makowske Richard Horst
George Thompson John Delmonico
Police Reserves
Matt Steen Jody Bodway
Dick Hopperstad Bob Nehring
Boyd Preston Scot Rollie
Shane Justin Anthony Breitbarth
Gary Myrick Penny Owen
Brett Letourneau Jeffrey Spiess
• Jeremy Sroga
Chamber of Commerce
Joe Welle
VillageFest
Bob & Linda Foster Steve and Nancy Bartz
Mike and Michelle Jacobs
Sports Boosters Kiwanis
Jim Kozarek Dale Gunderson
Village Gardeners Attorney Auditor
Norma Gunderson Bill Soth Stu Bonniwell
•
1z3
Public Health Officer •
Dr. William Carr
50th Anniversary Committee
Tom and Bonnie Brever
Father Francis Kittock, Father James Burns, Pastor Glenn Seefeldt, Deacon Don DeWall,
Reverend Dennis Alexander
St. Anthony Orchestra
Michael Pouchak
Staff
Mike Mornson, Larry Hamer, Dick Engstrom, Dick Johnson, Roger Larson, Don Perry, Kim
Moore-Sykes •
Council
Clarence Ranallo, Dick Enrooth, George Marks, George Wagner, Jerry Faust
•
/2y
SAINT ANTHONY POLICE RESERVE
LIEUTENANT SERGEANT
BOB NEHRING DICK HOPPERSTAD
1540 Femdale Ave. NE 4232 Stinson Blvd. NE
Fridley, MN 55432 Columbia Heights, MN 55421
(H) 571-5321 (W) 639-3141 (H) 781-3998
(Pager) 527-4046 (W) 921-6841
EMT Lic. #3559 Exp. 12/31/96 EMT Lic. #3787 Exp. 12/31/97
RSD 10/87 RSD 10/87
Badge# LT (320) Badge #SGT (321)
, SERGEANT CORPORAL
JODY BODWAY GARY MYRICK
805 Westview Drive 4078 Foss Road
Shoreview, MN 55126 Saint Anthony, MN 55421
(H) 481-1422 (P) 650-6692 (H) 788-5066 (W) 633-2751
First Responder Exp. 6/95 First Responder Exp.
RSD 2/90 RSD 1/94
Badge#SGT (322) Badge#CPL (323)
SCOT ROLLIE MATT STEEN
11950 Sycamore St. N.W. 2633 Huntington Ave. S.
Coon Rapids, MN 55448 St. Louis Park, MN 55416
• (H) 767-9081 (H) 927-6568 (P) 899-7951
First Responder Exp. First Responder Exp.
RSD RSD 5/94
Badge#331 Badge#336
TONY BREITBARTH BRETT LETOURNEAU
1272 Magnolia Street, Apt. 3 5148 Logan Ave. North
Saint Paul, MN 55106 Minneapolis, MN 55430
(H) 778-8093 (H) 521-9044 (W) 572-9341
First Responder Exp. First Responder Exp. 9/95
RSD 1/94 RSD 1/95
Badge#334 Badge#337
PENNY OWEN JEFF SPIESS
802 W. County Road D, Apt. 114 3525 Valley Street
New Brighton, MN 55112 Minneapolis, MN 55418
(H) 633-8341 (Vln 636-7406 (H) 789-3172 (P) 350-0361
First Responder Exp. First Responder Exp.
RSD 1/95 RSD 1/95
Badge#332 Badge#339
SHANEJUSTEN JEREMY SROGA
27 126th Lane N.W 3204 Roosevelt Street NE
Coon Rapids, MN 55448 Saint Anthony, MN 55418
(H) 767-7946 (M) 805-5499 (H) 781-3590 (W) 786-4245
First Responder Exp. First Responder Exp.
• RSD 1/95 RSD 7/95
Badge#338 Badge#333
01/01/96
I
LEASE
THIS AGREEMENT, made this _1I day of 19IS by
and between the CITY OF ST. ANTHONY, a municipal corporation under the laws of
the State of Minnesota, (hereinafter called "Landlord") and MINNESOTA SWIMMING
(hereinafter called "Tenant"),
WITNESSETH:
That the Landlord, in consideration of the rents and covenants hereinafter mentioned,
does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire
and take from the Landlord the following described premises located in the County of
Hennepin and the State of Minnesota, viz:
That portion of the building (hereinafter called the "Building") located at 3301 Silver
Lake Road, crosshatched on Exhibit 1 attached hereto and made a part of (hereinafter
called the "Leased Premises").
TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on
the part of said Landlord of making any alterations, improvements or repairs of any
kind on or about the said premises save as provided herein, for the term of twelve (12)
months commencing August 1 , 1995, unless terminated at an earlier date as
hereinafter provided.
ARTICLE 1 . RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota
55418, or at such other address as may be designated by Landlord, without
prior demand and without any deduction or set-off, annual rent in the amount
of $5,424.00 payable in monthly installments of $452.00 each.
ARTICLE 2. TERM.
The term of this lease shall be twelve (12) months commencing on August 1 ,
1995 and terminating on July 31 , 1996 unless terminated at an earlier date as
hereinafter provided.
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, trash pick up, and snow plowing, but Landlord shall not
be liable for any loss or damage caused by or resulting from any variation,
• interruption or failure of such services due to any cause beyond its reasonable
LEASE
THIS AGREEMENT, made this 10-A day of W 0_�
by and between the CITY OF ST. ANTHONY, a municipal corporation under the
laws of the State of Minnesota, (hereinafter called "Landlord") and AGA KHAN
CULTURAL CENTER, aka H. H. PRINCE AGA KHAN SHIA IMANI ISMAILI COUNCIL
FOR MIDWESTERN U.S.A. (hereinafter called "Tenant"),
WITNESSETH:
That the Landlord, in consideration of the rents and covenants hereinafter mentioned,
does hereby Demise, Lease and Let unto the Tenant, and the Tenant does hereby hire
and take from the Landlord the following described premises located in the County of
Hennepin and the State of Minnesota, viz:
That portion of the building (hereinafter called the "Building") located at 3301 Silver
Lake Road, crosshatched on Exhibit 1 attached hereto and made a part of (hereinafter
called the "Leased Premises").
TO HAVE AND TO HOLD THE SAID PREMISES, without any liability or obligation on
the part of said Landlord of making any alterations, improvements or repairs of any
• kind on or about the said premises save as provided herein, for the term of twenty-
four (24) months commencing August 1 , 1994, unless terminated at an earlier date
as hereinafter provided.
ARTICLE 1 . RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota
55418, or at such other address as may be designated by Landlord, without
prior demand and without any deduction or set-off, annual rent in the amount
of $12,600, payable in monthly installments of $1 ,050 each for the period
August 1, 1994 to July 31, 1995, and annual rent in the amount of $13,230,
payable in monthly installments of $1,102.50 each for the period August 1 ,
1995 to July 31 , 1996.
ARTICLE 2. TERM. --
The term of this lease shall be twelve (24) months commencing on August 1 ,
1994 and terminating on July 31;-1996 unless terminated at an earlier date as
hereinafter provided.
ARTICLE 3. UTILITIES AND SERVICES.
• Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, trash pick up, and snow plowing, but Landlord shall not
be liable for any loss or damage caused by or resulting from any variation,
•
January 28th, 1996
To: City Council, Columbia Heights, MN
From: City Council , St. Anthony, MN
Re: Letter of Thanks
Dear Mayor and Councilmembers;
I would like to take this opportunity to thank you and your staff for your fine efforts on
upgrading and improving the water storage/flow reduction pond on Stinson and 40th.
This effort has not gone unnoticed by the residents of Silver Lake. As we have co-
jurisdication of Silver Lake all of the efforts we can provide will only enhance and
contribute to the well being of the lake.
Your installation of a weirs at the public beach, early street sweeping and continued
concern for the lake have been appreciated by this body and the Silver Lake homeowners
of St. Anthony.
• Additionally our two communities continue to cooperate at the operational level and this
is beneficial to all of our taxpayers.
Again I thank you for your concerns and for being a good neighbor We shall all strive to
accomplish our goals through cooperation and sense of joined community spirit.
Clarence Rannollo
Mayor
cc: Stan Guzik, Jr.
President
Silver Lk Residents Assn.
•
•
MEMORANDUM
Date: January 18, 1996
To: Mike Mornson, City Manager
Jerry Faust, Councilmember
From: Larry Hamer, Director of Public Works` r
Re: City Mutual Aid & Equipment Exchange
The City of St. Anthony has been in an equipment exchange program with the City of Columbia
Heights and the City of New Brighton for over 20 years.
• The exchange program was setup so every city did not have to purchase specialty equipment that
was not used on a daily basis. If one city has several emergencies such as water break, sewer
plugs, etc., we are there for each other.
We also exchange parts and labor. Parts are replaced if used by another city and if a piece of
equipment is specialized we send an operator when necessary. No money is exchanged with this
program.
There are no letters sent out it is all done on a low key basis. The program is beneficial to all
concerned and is a money saver.
The City also belongs to an equipment mutual aid called R.M.A.A. If any city needs help
because of a disaster we would respond.
Letters of thanks are good for public relations.
•
�1 CITY OF ST. ANTHONY
2 CITY COUNCIL WORK SESSION MINUTES
3 January 2, 1996
4 5:30 P.M.
5 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
6 The meeting was called to order at 5:30 P.M., followed by the Pledge of Allegiance
7 led by Mayor Ranallo.
8 II. ROLL CALL.
9 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner and Fleming.
10 Also present: Michael Morrison, City Manager; Kim Moore-Sykes, Management
11 Assistant; Jim O'Brien, Williams/O'Brien Architects; Don Perry, Liquor Operations
12 Manager; Roger Larson, Finance Director; and Larry Hamer, Public Works
13 Director.
14 III. PRESENTATION OF THE CITY HALL/COMMUNITY CENTER
15 INTERIOR & EXTERIOR COLORS -- Jim O'Brien.
16 Mr. O'Brien of Williams/O'Brien Architects, presented to the City Council interior
07 color schemes for the City Hall and Community Center areas, including the
18 classrooms. He then went on to show and discuss the color of the bricks for the
19 exterior.
20 It was his firm's opinion that the City stay with neutral and natural colors because
21 colorful interiors are trendy and don't last much past five (5) years or so. The
22 exterior bricks were selected not so much as to match the color of the surrounding
23 brick buildings and homes, but to blend and complement the other brick colors.
24 The City Council asked about the plaque that will be mounted inside the building.
25 Mr. O'Brien asked the Council to review their names as he had them and write
26 them as they preferred. Councilmember Faust preferred that his named be 'Jerome'
27 instead of 'Jerry'. The Mayor suggested that Dorothy Fleming be asked how she
28 wanted her name to appear on the plaque.
29 The Mayor asked Mr. O'Brien the status of the scoreboard. It was suggested that
30 perhaps businesses in town could be asked to contribute funds for the purpose of
31 purchasing a scoreboard for the new gymnasium.
32 Mr. O'Brien reported that he had not yet been able to speak to Mike Dickson
33 about outside electrical outlets on the North side and the back of the new building.
34 He said he would speak with Mr. Dickson as soon as he could. Mr. O'Brien
105 indicated that Mr. Dickson would know what was needed to install the outside
36 outlets.
Page 2 O
1 Mr. O'Brien then suggested to the City Council to consider putting something
2 artistic at the East end of the corridor. He said it is a perfect space for something
3 that would be different — a fountain, curving wall, etc. He asked to be allowed to
4 put something together that would be unique and use the space in a pleasant way.
5 He also suggested that the Council consider using kiosks for the distribution of
6 information in the corridor.
7 IV. LIQUOR OPERATIONS REVENUE/EXPENSE REPORT.
8 Don Perry, Liquor Operations Manager and Roger Larson, Finance Director
9 presented the revenue/expense report of the City's liquor stores and restaurants.
10 V. PROPOSED HOUSING AND REDEVELOPMENT POLICY.
11 The City Manager reported on the December 14, 1995 letter received from the
12 City Attorney, Bill Soth, regarding the use of HRA funds for the redevelopment of
13 residential lots. The City Manager indicated that given the information provided by
14 the City Manager, he is withdrawing his suggestion to revise the current policy.
15 VI. CITY HALL/COMMUNITY CENTER ISSUES.
16 A. Financial. The City Manager reported on the November 6, 1995 letter he
17 received from Liz Herrmann, Williams/O'Brien, regarding the revised cost
18 break-down of the new City Hall/Community Center. The revised total O
19 cost of $3,542,884 is lower than the $3,826,028 estimate received on
20 September 25, 1995. This revised figure includes the contractor's contract
21 amount, professional fees, and demolition.
22 B. Proposed No-Smoking Resolution (1/9/96 Council Meeting.
23 The City Manager reported that the Staff has put together a no-smoking
24 policy effective on the move-in date of the new building. All of the staff
25 have been notified of the new policy. So far, no one has said anything but
26 nothing has changed yet.
27 C. Facility Use Policy(1/9/96 Council Meeting. The City Manager reported on
28 the progress of writing this policy. Staff has compiled a draft of a policy and
29 a fee schedule. The Council proposed a few revisions to the policy.
30 VII. METRO LIVEABLE COMMUNITIES ACT.
31 The Manager reported that all documentation required for participation have been
32 submitted to the Metropolitan Council. He also reported that the Met Council is
33 sponsoring an informational presentation in February. He indicated that the
34 Management Assistant and possibly a representative from the Planning Commission
35 will be attending. He asked that anyone from Council interested in going should
36 call the Management Assistant.
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• Page 3
1 VIII. DEPARTMENT OF HEALTH COMMENTS ON ST. ANTHONY'S WATER
2 SUPPLY.
3 Larry Hamer, Public Works Director reported to the City Council that a water
4 conservation plan and an emergency potable water plan had been submitted to the
5 State for review and comment. He also indicated that he had asked Bruce Olson
6 from the Department of Health to report to the Council on the City's water
7 situation.
8 Mr. Hamer continued to report that the submitted plan was returned to the City by
9 the Department of Natural Resources for additional information as it was
10 determined that the City's report did not contain enough information. When Mr.
11 Hamer spoke to Mr. James Japp, it became clear that the City's report had not been
12 read. The main issue that Mr. Japp maintained that the plan did not address was
13 that the City had no fee structure to penalize water users who did not conserve
14 water. Mr. Hamer reported that he informed Mr. Japp that the City Council was
15 not in favor of imposing financial penalties on water users, but rather provided
16 information and education through various sources about the conservation of water.
17 Mr. Japp indicated that as the result of their conversation, he would consider St.
18 Anthony's water plan adequate.
09 Mr. Olson was introduced and reported to the City Council on the wellhead
20 protection plan. He indicated that the wellhead protection plan was intended to
21 protect users of water in communities of 25 or more water users. Mr. Olson said
22 that his department looks at areas that supply water and assess the contamination of
0
23 wells or the vulnerability of wells to potential contamination sources. Mr. Olson
24 indicated that the Plan allows a community two (2) years to develop a wellhead
25 protection plan. It was his opinion that St. Anthony may be granted an extension
26 due to the fact that the City has many wells and two (2) counties are involved.
27 In July, 1996, the City will receive a letter from his department stating what will be
28 needed to put a plan together. St. Anthony will have another year from that date
29 to begin working on the City's plan. Mr. Olson indicated that there are funds
30 available to help pay for the designation of the 'capture zones' around the wells in
31 St. Anthony.
32 Mr. Olson reported that the major source of contamination were old domestic wells
33 that haven't been properly sealed. He indicated that residents may be eligible for
34 county funds available for capping old wells. He also reported that the Soil &
35 Water Conservation District for Hennepin and Ramsey Counties is another
36 potential source of funds for this purpose.
107 Mr. Olson indicated that much of the work for the City's wellhead protection plan
8 could be provided by resident advisory committees or task forces. It had been his
Page 4 •
1 experience that communities have many people who have the skills and experience
2 to work on this project for their community. This was suggested as a project for
3 the Environmental Quality Committee. Councilmember Enrooth indicated that he
4 will contact the members of this committee for their thoughts on participating in
5 this project.
6 IX. SCHOOL'S REQUEST FOR SPEED CHANGES ON 33RD AVENUE N.E.
7 The City Manager reported that all residents along 33rd Avenue N.E. were notified
8 of the proposed changes. He indicated that only two residents attended the
9 meeting. He also reported that he met with Warren Rolek, School Superintendent,
10 regarding the cost and the City's proposal to divide the cost in half. The City
11 Manager reported that he has not yet heard what the School District's decision is on
12 this cost sharing proposal.
13 X. ORDINANCE CHANGE ON TEMPORARY SIGNAGE.
14 The City Manager reported that the Public Works Director is recommending a
15 change to the temporary signage ordinance because of the time in which violators
16 have to remove any sign that is in violation of the ordinance. The City Manager
17 indicated that he would pass the request on to the Planning Commission.
18 XI. TIF PROJECTS. e
19 The City Manager provided the City Council with an update on the TIF projects
20 and expenditures for 1995.
21 XII. MINNESOTA POLICE RECRUITMENT SYSTEM LAWSUIT.
22 The City Manager reported that for several reasons, the judge's order will be
23 difficult to comply with and suggested that there may be an appeal by the cities
24 because of the difficulty of complying with the terms of the order. Once the
25 judge's final order will be issued soon and the defendant cities will have 90 days
26 within which to appeal.
27 XIII. GOAL SETTING RETREAT.
28 The date for the retreat is set for March 8 - 9.
29 XIV. SET DATE FOR 1996 BOARD OF REVIEW.
30 The date for the 1996 Board of Review will be on April 9, 1996 at 6:30 p.m., before
31 the regularly scheduled Council Meeting.
32 XV. PLANNING COMMISSION APPLICANTS.
33 The two Planning Commission applicants will be interviewed at the end of the
34 1/9/96 Council Meeting.
35 XVI. HOUSE KEEPING RESOLUTIONS. •
36 The City Manager reviewed the resolutions that need action at the next City
•1 Council Meeting. Page 5
2 XVII. ADJOURNMENT. The Worksession adjourned at 10:00 p.m.
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