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HomeMy WebLinkAboutCC PACKET 04021996 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 106487 Box: 37 Folder: CC PACKETS 1997 Document: CC PACKET 04021996 CITY OF ST. ANTHONY CITY COUNCIL WORK SESSION AGENDA APRIL 2, 1996 7:00 P.M. COUNCIL CHAMBERS PAGE(S) I. CALL TO ORDER. II. ROLL CALL. III. PROPOSAL FROM BARR ENGINEERING COMPANY (April 9, 1996 Council agenda) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 3 IV. PROPOSED POLICE CONTRACTS FOR FALCON HEIGHTS AND LAUDERDALE (June or July Council agenda) . . . . . . . . . . . . . 4 - 22 V. POSSIBLE TAX INCREMENT FINANCING AMENDMENT PROJECTS (May to July Council agendas) . . . . . . . . . . . . . . . . . . 23 - 30 • VI. CITY HALL UPDATE (Asbestos on April 9, 1996 Council agenda) . . 31 - 54 VII. APACHE REDEVELOPMENT UPDATE (Final plat/TIF on April 9, 1996 Council agenda) VIII. CHANDLER PLACE UPDATE (April and May Council agendas) . . . . 55 - 56 IX. COMMUNITY DEVELOPMENT BLOCK GRANT (future Council agenda) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 - 62 X. TELECOMMUNICATIONS UPDATE . . . . . . . . . . . . . . . . . . . . . . . 63 - 71 XI. PERSONNEL ISSUES ON DONATED SICK LEAVE AND CONTINUATION OF HEALTH BENEFITS (Ordinance on April 9, 1996 Council agenda) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 - 76 XII. VARIANCE REQUESTS FOR NEDEGAARD TOWNHOMES (April 23 Council agenda) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 - 80 XIII. REVIEW PROPOSAL FROM TIM MEZZENGA (TRACY PRINTING) . . 81 - 82 • XIV. REVIEW GAS TANK COMPARISONS . . . . . . . . . . . . . . . . . . . . . . 83 - 85 Council Work Session Agenda April 2, 1996 Page 2 PAGE XV. REPORT REGARDING GOAL SETTING RETREAT . . . . . . . . . . . . . . 86 - 94 XVI. OTHER BUSINESS. XVII. ADJOURNMENT. • • i • STAFF REPORT DATE: March 19, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager • ITEM: BARR ENGINEERING PROPOSAL The attached proposal from Barr Engineering analyzes the advantages and disadvantages of a partial implementation of a storm water project in District #6. The cost of the study is $8,800. Funding for this study can come out of the City's Storm Water Fund. As of December 31, 1995, that fund has $180,000. • EM 8300 Norman Center Drive 555 West 27th Strwt Minneapolis,MN 55437-1026 Hibbing,MN 55746 Phone:(612)832-2600 Phone:(218)262-3465 Engineering Company Far (612)832-2601 Fax. (218)262-3460 March 12, 1996 Mayor and City Council City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418-1699 Re: Drainage District 6 Stormwater Modeling Dear Mayor and City Council: This letter will outline the scope of work necessary to evaluate whether there is value in partial implementation of the storm drainage system recommended in the July 1992 report, Stormwater Management Analysis, District 6 Drainage Basin. It is my understanding that the City Council wishes to better estimate the costs and benefits associated with development of a stormwater storage basin in the trailer park south of 27th Avenue N.E. and east of Stinson Boulevard. Because a partial implementation scenario was not modeled in 1992, additional analysis will be necessary to establish O these costs and benefits. The scope of work which is necessary is described below. • Define Scope of Improvements: To development the storage basin will require acquisition of right-of-way and excavation of the storage basin, improvements to the storm sewer system on Wilson Street including special connections to existing storm sewers in the alley south of 27th Avenue N.E., and possible adjustments to existing sanitary sewer and water systems. — Stormwater Storage Basin: Alternative grading plans will be considered to determine an upper and lower limit of property requirements for developing storage. The alternative stormwater storage designs will be described, and construction costs for storage will be estimated. — Storm Sewer Improvements: The primary advantage to constructing this pond will be reduced flooding along St. Anthony Boulevard and in the area of Pahl Avenue and Wilson Street. In order to achieve these benefits, upgrading the storm sewer system in Wilson Avenue will be necessary. The preliminary layout of this improvement, including the pond inlet, pond outlet, and special connections to nearby existing storm sewers will be determined. Cost will be estimated for the proposed storm sewer improvements. — Utility Improvements: Barr will evaluate whether utility adjustments will be necessary in order to upgrade the storm sewer in Wilson Street. It is possible that the new storm sewer will interfere with existing sanitary sewer and water facilities and modifications to the sewer and water facilities will be necessary to accommodate the storm sewer. The cost for these utility adjustments will be estimated. • Determine Benefits of Improvements: The runoff models which were used to develop the 1992 recommendations will be used as the basis for a model of the proposed improvements. The O Barr computer hydrograph runoff program will be used to determine design flow and the timing of flows within the storm sewer system. The SWAMP model will be used to evaluate storm sewer system performance because downstream flood levels have significant impact on the 3 Mayor and City Council March 12, 1996 • Page 2 capacity of the storm sewer system in this area. Barr will prepare a comparison table and illustration to clearly depict the benefits which might be gained from the proposed work. • Prepare Report: Barr will summarize its analysis and conclusions in a letter report with supporting tables and figures. I anticipate that the results of the modeling may not clearly indicate a recommended course of action. In this event, Barr will prepare a summary table which identifies the advantages and disadvantages associated with alternative courses of action available to the Council. Barr will present the results of the report at a Council work session and at a public information meeting. Barr proposes to perform this work and prepare the report and attend the meetings for a lump sum of $8,800. We anticipate that the report can be delivered within 30 days of Council approval and Notice to Proceed. I expect to be the project manager because of my familiarity with the previous study and previous communications with the Council and staff. Most of the work will be performed by others under my direct supervision. If you have any questions about this proposal please contact me at 832-2814. If this proposal meets with your approval, please countersign one copy of this letter and return it to me for our files. Sincerely, BARR ENGINEERING CO. Dennis E. Palmer • Vice President Accepted this day of , 1996. CITY OF ANTHONY By Its DEP/ymh 00033WR\35680-1 • `"r Summary for Lauderdale Budget • For Fiscal Year 1995 12/31/95 Revenues: -Lauderdale Contract Revenues Revenues General Fund $140,240.00 $140,240.00 Capital Equipment $22,500.00 $22,500.00 $162.740.00 $162.740.00 Designated Funding 1995 12/31/95 1995 For Administative Personal Services Lauderdale Expenditures Balance Costs 101-41100-110 Salaries $83,250.00 $75,071.00 $8,179.00 $8,179.00 101-41100-111 Overtime Salaries $1,200.00 $1,050.59 $149.41 $149.41 101-41100-113 Salaries-Secretary(Part-time) $500.00 $661.34 ($161.34) ($161.34) 101-41100-114 Employers Contribution/Pension $12,450.00 $10,768.50 $1,681.50 $1,681.50 101-41100-115 Employers Contribution/Insurance $6,750.00 $6,595.95 $154.05 $154.05 101-41100-117 Overtime Court $700.00 $366.20 $333.80 $333.80 Total Personal Services $104,850.00 $94,513.59 $10,336.41 $10,336.41 Supplies 101-41 100-226 General Supplies $5,225. $4,804.04 $420.96 $420.96 Total Supplies $5,225.00 $4,804.04 $420.96 $420.96 Other Services&Charges • 101-41100-321 Other Services $1,875.00 $1,355.56 $519.44 $519.44 101-41100-331 Communications $8,380.00 $5,841.96 $2,538.04 $2,538.04 101-41100-333 Care&Support/Booking Fees $0.00 $0.00 $0.00 $0.00 101-41100-334 Printing&Publishing $1,100.00 $644.01 $455.99 $455.99 101-41100-339 Maintenance&Repair $150.00 $119.43 $30.57 $30.57 101-41100-341 Travel/School/Conference $940.00 $676.62 $263.38 $263.38 101-41100-342 Subscriptions/Membership $200.00 $175.76 24.24 $24.24 Total Other Services&Charges $12,645.00 $8,813.35 $3,831.65 $3,831.65 TOTAL 1995 POLICE BUDGET $122.720.00 $108.130.97 $14.589.03 Other Lauderdale Budget Line Items Transfers 101-40510-335 Finance/Accounting $7,800.00 $7,800.00 $0.00 $0.00 101-41900-226 Animal Control $300.00 $300.00 $0.00 $0.00 101-42200-222 Public Works/Fuels&Lubricants $8,000.00 $8,000.00 $0.00 $0.00 101-42200-339 Public Works/Mainentance&Repair $1,920.00 $1,920.00 $0.00 $0.00 401-47200-453 Capital Equipment Purchases $21,000.00 $20,756.25 $243.75 $243.75 Contingency/Non-Designated $1,000.00 $0.00 $1,000.00 $1,000.00 $162.740.00 $146.907.22 15 832.7815 832.78 Lauderdale: Designated Funding for Administrative Costs • 15 832.78 Audit Summary of Falcon Heights Budget For Fiscal Year 1995 • 12/31/95 Revenues: -Falcon Heights Contract Revenues Revenues General Fund $291,100.00 $291,100.00 Capital Equipment $25,900.00 $25,900.00 $317.000.00 $317.000.00 Designated Funding 1995 12/31/95 1995 For Administative Personal Services Falcon Heights Expenditures Balance Costs 101-41100-110 Salaries $174,300.00 $131,179.44 $43,120.56 $43,120.56 101-41100-111 Overtime Salaries $2,000.00 $1,745.05 $254.95 $254.95 101-41100-113 Salaries-Secretary $1,000.00 $1,308.91 ($308.91) ($308.91) 101-41100-114 Employers Contribution/Pension $24,900.00 $21,537.00 $3,363.00 $3,363.00 101-41100-115 Employers Contribution/Insurance $14,200.00 $13,191.90 $1,008.10 $1,008.10 101-41100-117 Overtime Court $1,200.00 $625.36 $574.64 $574.64 Total Personal Services $217,600.00 $169,587.66 $48,012.34 $48,012.34 Supplies 101-41100-226 General Supplies $10,000.00 $9,212.45 $787.55 $787.55 Total Supplies $10,000.00 $9,212.45 $787.55 $787.55 Other Services&Charges 101-41100-321 Other Services $4,000.00 $2,894.57 $1,105.43 $1,105. 101-41100-331 Communications $18,465.00 $12,858.49 $5,606.51 $5,606 101-41100-333 Care&Support/Booking Fees $0.00 $0.00 $0.00 $0. 101-41100-334 Printing&Publishing $1,500.00 $880.59 $619.41 $619.41 101-41100-339 Maintenance&Repair $435.00 $346.48 $88.52 $88.52 101-41100-341 Travel/School/Conference $2,000.00 $1,444.02 $555.98 $555.98 101-41100-342 Subscriptions/Membership $500.00 $442.58 $57.42 $57.42 Total Other Services&Charges $26,900.00 $18,866.73 $8,033.27 $8,033.27 TOTAL 1995 POLICE BUDGET $254.500.00 $197.666.84 833.16 $56.833.16 Other Lauderdale Budget Line Items Transfers 101-40510-335 Finance/Accounting $15,100.00 $15,100.00 $0.00 $0.00 101-41900-226 Animal Control $1,500.00 $1,500.00 $0.00 $0.00 101-42200-222 Public Works/Fuels&Lubricants $8,000.00 $8,000.00 $0.00 $0.00 101-42200-339 Public Works/Malnentance&Repair $2,000.00 $2,000.00 $0.00 $0.00 401-47200-453 Capital Equipment Purchases $25,900.00 $25,756.25 $143.75 $143.75 Contingency/Non-Designated $10,000.00 $8,775. $1,225.00 $1,225.00 $317.000.00 $258.798.09 $M.201.91 201.91 Falcon Heights: Designated Funding for Administrative Costs $ 58,201.91 (Audited) 0 Lauderdale/Falcon Heights: Non-Designated Fund Balance $74,034.69 Recommendation for Designations: Unemployment Liability ($149000.00) (Falcon Heights) Capital Equipment Funding ($449206.25) Accrued Vacation/Severance ($119728.44) 1996 Salary Adjustment for Secretary ($ 4,100.00) . ain hon iIla e MEMORANDUM DATE: March 22, 1996 TO: Sue Hoyt, City Administrator, Falcon Heights Tim Cruikshank, City Administrator, Lauderdale Dick Engstrom, St. Anthony Chief of Police • FROM: Michael Mornson, City Manager AAA ITEM: QUARTERLY MEETING As I indicated to you on the phone, I have scheduled our first quarterly meeting of 1996 for our group on Tuesday, April 23rd at 10:00 A.M. in Room 9 of the St. Anthony Community Center. The Community Center is located at 3301 Silver Lake Road. The main topic of conversation will be the City's contract offer for police services for Falcon Heights and Lauderdale for 1997 and 1998. If you have any questions or comments prior to the meeting, please let me know. • 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Phone (612) 789-8881 FAX(612) 781-9323 • STAFF REPORT DATE: March 25, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: POLICE CONTRACTS The following represents proposals for police protection for Lauderdale and Falcon Heights for 1997 and 1998. Changes to the contracts are as follows: Falcon Heights 1996 cost: $326,510 • 1997 cost: $349,365 Increase: $ 22,855 (7%) 1998 cost: $363,340 Increase: $ 13,975 (4%) Miscellaneous Charges * Page 4, IX (Joint Advisory Committee) * Page 6, XVIII (Communications) Lauderdale 1996 cost: $167,622 1997 cost: $181,702 Increase: $ 14,080 (8.4%) 1998 cost: $188,970 Increase $ 7,268 (4%) Miscellaneous Charges * Page 2, VI (Liability) • * Page 3, VIII (Joint Advisory Committee) * Page 5, XIX (Termination) I • ®RAFT March 6, 1996 Susan Hoyt City Administrator 2077 West Larpenteur Avenue Falcon Heights, MN 55113-5594 Dear Susan: Enclosed is a proposed Joint Powers Agreement for police services for Falcon Heights. Highlights of the contract are as follows: • The Agreement is for two years, 1997 and 1998. ► Proposed cost for police services for 1997 is $349,365, which is an increase of$22,855 over 1996. ► Proposed cost for police services for 1998 is $363,340, which is an increase of$13,975 over 1997. I have not included any of the proposed language you submitted to me in January. I thought we could discuss incorporating that language when we review the Agreement. If you have any questions, please contact me. Sincerely, Michael Mornson City Manager • Enclosure io JOINT POWERS AGREEMENT DRAFT • FOR POLICE SERVICES This Agreement is made and entered into as of , 1994 1:996 between the CITY OF ST. ANTHONY, a municipal corporation under the laws 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 , 1-995 19919E I. 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 for 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 IX 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. II. 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"). 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. III. 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 11 Joint Powers Agreement • for Police Services Page 2 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. IV. 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 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; IZ • Joint Powers Agreement for Police Services Page 3 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; K. License inspections, background investigations and license enforcement services as called for under applicable state law or city ordinances; L. 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. V. PAYMENT FOR SERVICES This Agreement will be effective January 1 , 1-9gS`��1.�997 and will continue until December 31 , 1-896 1;92... In consideration of the services to be provided under this Agreement, Falcon Heights will pay St. Anthony an annual fee of $317,000 s n349'�365:Oa for the year 1985 18997, and an annual fee of :3:6:&,3_L4 00 for the year 1-99.6 11998, for the police services under this Agreement. VI. 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. • 13 Joint Powers Agreement • for Police Services Page 4 VII. 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 relation 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). VIII. 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 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 System. IX. JOINT ADVISORY COMMITTEE Both cities will appoint members to a joint advisory committee. Membership an the . The committee will meet at least s-x f�,u 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. X. 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. • 14 Joint Powers Agreement for Police Services Page 5 XI. 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. XII. 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. XIII. 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. XIV. 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 jamuery 1 , 19 XV. 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. • Is Joint Powers Agreement for Police Services • Page 6 XVI. 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 officers of the City of Falcon Heights. XVII. 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. XVIII. COMMUNICATIONS • St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly and annual police reports, in a format similer to the sample reports eontained in Exhibit A, or stiell. other format or 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. XIX. 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 St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T. training funds will be used for officer training. • i( • Joint Powers Agreement for Police Services Page 7 XX. TERMS OF AGREEMENT This Agreement will be effective as of 12:01 A.M. January 1 , 1995 1099.7 and will expire on 11 :59 p.m. December 31 , 1996 149=98, 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 15, 1996 119.98, with a goal of completing negotiations and executing a mutually agreeable extension by no later than July 15, 19961998. If no mutually agreeable extension is reached by July 15, 1996 1>8, then this Agreement shall expire on 11 :59 p.m. December 31 , 1-996 19'98. Nothing in this paragraph shall be deemed to obligate either party to an extension of the term of this Agreement. XXI. 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: By: Mayor Mayor By: By: City Administrator City Manager • l -7 March 25, 1996 Tim Cruikshank City Administrator 1891 Walnut Street Lauderdale, MN 55113-5196 Dear Tim: Enclosed is a proposed Joint Powers Agreement for police services for • Lauderdale. Highlights of the contract are as follows: ► The Agreement is for two years, 1997 and 1998. ► Proposed cost for police services for 1997 is $181,702, which is an increase of$14,080 over 1996. ► Proposed cost for police services for 1998 is $188,970, which is an increase of$7,268 over 1997. If you have any questions, please contact me. Sincerely, Michael Mornson City Manager Enclosure JOINT POWERS AGREEMENT DRAF- • FOR POLICE SERVICES This is an Agreement made between the CITY OF ST. ANTHONY (St. Anthony) and the CITY OF LAUDERDALE (Laud��e��r]]d((��alle). This Agreement is made this day of 1 993 'Ll--, and is effeetive upon wlomfm on January 1 ,1994 1°997 I. PURPOSE St. Anthony and Lauderdale 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 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. ll. SERVICES St. Anthony has agreed to provide Lauderdale with 24 hour police service, and to physically place a certified officer within the bundaries of Lauderdale 16 hours each day. This standard 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 presence each day within the City of Lauderdale. Toward this end, St. Anthony agrees to hire ,g 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 purehese one new III. LEVEL OF SERVICES During the term of this Agreement, 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 Joint Powers Agreement St. Anthony/Lauderdale Page 2 • areas; 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 Lauderdale ordinances with special attention given to parking, winter and nuisance ordinances; Ticketing at a minimum, but not limited to, two (2) hours of ticketing per month for traffic violations; and Crime preventionrroograms that encourage community involvement and investment in the City. IV. TERMS AND COSTS OF AGREEMENT This Agreement shall be effective January 1 , 1994 1,997 and shall continue until December 31 , x-9971�9 In consideration of the services provided under this Agreement, Lauderdale shall pay the City of St. Anthony $1-58,000 181 ®2 in Agreement year 1-994 IM for police services. That cost shall increase gra—I'Mfe then 39G eeeh agreement year (1995 & 1996), and she" be provided to the Gity of Lauderdale on or before September 1 of. eseh yeetr. to .,$1'88,y970in�A reement s Win: 6'fjr a,x , year°y��9,9 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 30 days. VI. LIABILITY St. Anthony shall be responsible for all liability incurred as a result of the actions of St. Anthony Police Officers under this Agreement,. St. Anthony agrees to hold Lauderdale harmless for amy liability resulting frorn aetions of a St. Anthony wee: and ,uvillp=hold Lauderdale;. its officersandenployeesharmless"forz,an� ia,bility, �resulti"ng „from„.��actions���of��=a:��St -Anthony �`employee��<�ands^taltdef il° ""' ° wfor darnaT es:=arlsln oufi of Laudertlal'e Itsof�ficers.randem to ees alnst-ganselalrn "x St Anthonoysperformance�ofttis �►greementn�provlded :however,,, that mlf ah" m; clai ,action<n orliabllitya"3is one== which .Is:>insu�ed=<°by"St t�Anthon IAiabillt insurer. ,,., ..pis.`- �;:..u.�..»��'.'x.,.. 3w...vx..:e;�� .-: ='�°z�.u..-s£-..:.: �����,:.:.:reaiv .cs�;� ,,,. ".:ais" -°_�•e..�.�«�y -� �,v,:�:-�s�-._=�,.�.3 Laude;rdatet will bear the firsty`$5 000 OO of ;expense for�any such clalmi actlor or ��ability; .or�:rexpenses° relating thereto�mclutlingattorneys;�fees,v�tohextent.�no • Covered=by�th'e�Insurer ecause .of,=aha d ctibleamo�unt under tFie�ollcj�(mwhch � o Joint Powers Agreement • St. Anthony/Lauderdale Page 3 000:00) M cfeductibleamountrscurcenti VII. ADMINISTRATIVE RESPONSIBILITY The law enforcement services rendered to Lauderdale shall be under the sole direction of St. Anthony. The degree of services rendered, 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 a joint advisory committee. Membership shall , The committee shall meet at least sox (6) four ( times each year to ensure the police service agreement is meeting the expectations of both cities. Any recommendations shall be strictly advisory. IX. COMMUNICATIONS, EQUIPMENT, AND SUPPLIES • St. Anthony shall furnish 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 services 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 � l Joint Powers Agreement St. Anthony/Lauderdale Page 4 • 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 . 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. XVII. 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 boundaries or under its ordinances. • zz Joint Powers Agreement • St. Anthony/Lauderdale Page 5 XIX. TERM OF GE)NTR"^T NTT This Contract Agreed ient�shall be effective as of 12:01 A.M. January 1 , 1-994 1,997 and shall run through calendar year 199- 19198. IN WITNESS THEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATE SET FORTH BELOW. CITY OF LAUDERDALE CITY OF ST. ANTHONY By: By: Mayor Mayor • By: By: City Administrator City Manager Date: Date: • 23 STAFF REPORT DATE: March 19, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: TAX INCREMENT FINANCING AMENDMENT PROPOSAL Following is a summary of existing TIF projects and some proposed changes that the Council may want to consider: • -> $233,000 for vacant lot by Industrial Custom Products (new project) -� $40,000 for Clark Station, up $10,000 4 $40,000 for bowling alley, down $20,000 4 $50,000 for St. Anthony Shopping Center, up $15,000 -► $75,000 for Twin City Federal lots, up $15,000 -i $260,000 for Arnie Gregory's 1st phase, down $90,000 $260,000 for Arnie Gregory's 2nd phase (new project) New expenditures total $423,000. The total would be $1,998,000 to be spent. $4,205,000 has been authorized for a grand total of$6,203,000. The City will receive a total of about $9 million in TIF dollars until the districts terminate. Does the Council want to add any funds for Apache Plaza? • 24- MEMORANDUM 4MEMORANDUM DATE: March 27, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, 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 $6,203,000 and is summarized as follows: Expenditure Activity 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 $39;009 Construction underway. $165,000 paid (18), townhomes valued at X260 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. $40�, 25- 0 5- • TIF Update March 27, 1996 Page 2 Lowry Grove $500,000 No activity. Bowling Alley $60,000 No money spent, however, an office $40 00 0 retail business has located there. St. Anthony Shopping Area $3000 No activity. $50 000000 Vacant lots on Silver Lake Road $60,000 No activity. $7}5-000 Vacant lof by Industrial P Mudd $2-33 000 GregoRelopment $2°26UzU®gi �13one�lev�el�townhomes Money authorized to date-----------------$4,205,000 Money not authorized----------------------$1,575,000 $a1 99�8,;,��##o- • Total---------------------------------$6,203,000 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 Tyne 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 TIF Update March 25, 1996 Page 3 *The Chandler and Kenzie Terrace districts are the districts the City is using for the $6,203,000 in expenditures. Chandler and Kenzie Terrace Districts have a fund balance as of December 31, 1994 of$1.1 million. • Wft ef®rmi TIF 2 .7 Some unfinished work to do • Just the term "tax increment fi- fice shows that its use is now mostly nancing" is enough to glaze the for the purposes for which TIF was average citizen's eyes. Having some- originally devised—redevelopment of one get up and explain what it is and blighted areas, construction of low- how it works can be an effective meth- and moderate-income housing and od of clearing a crowded room. Even economic expansion. A previously sa, over the last 20 years, few govern- common but inappropriate practice mental activities in Minnesota have was to use TIF for new construction on been more bitterly attacked, more de- vacant land. terminedly defended, and more de- But if the TIF focus is now back serving of both, than this method of where it belongs, the Auditor's study providing public financial assistance found that problems remain in dis- to private development projects. tricts established before 1990. Some of That's because TIF, properly used, those are being kept in operation even can be a highly effective tool for com- after the original projects have been munity revitalization and economic completed, with the continued tax- redevelopment—one of the few avail- increment revenues being used as able for local government use. But TIF general funding for such public im- al$o has shown itself to be subject to provements as parks, community cen- widespread abuse and overuse. ters, freeway interchanges, bridges and Since the late 1970s, when the Leg- wastewater-treatment plants. islature first authorized the use of TIF In effect, this means that the coun- to subsidize development projects,363 ties, school districts and other taxing Minnesota cities and towns have es- jurisdictions that would normally share tablished almost 1,500 tax-increment in the tax growth are being forced to districts, capturing more than $200 help pay for municipal projects that are million in tax base—the equivalent of properly the responsibility of city gov- 8 percent of the total tax capacity in ernments alone.That's because,as long • - those jurisdictions.During one period, as a tax-increment district remains in in'the late 1980s, the amount of tax operation, all of the property-tax capacity locked up in tax-increment growth that occurs within its borders districts was increasing at an average goes to the city, supposedly to pay off rate of 24 percent a year. the project debt, rather than being Little wonder that the Legislature shared with other taxing jurisdictions. put the brakes on, most effectively in This may still be legal, but it's clear- 1990 when it imposed tough restric- ly improper. As the auditor's report tions that have since slowed tax-incre- concludes, recent changes in the TIF ment expansion to an average of just 2 law have been reasonable and appar- percent a year. Cities complain that ently effective. But here's one area TIl? is now too hard to use. But a new where the Legislature has work left to study by the Legislative Auditor's Of- do. SIG z �-arq e- \c:00�� W ��o 3\& < 10 tee Q � - 29 STAFF REPORT DATE: February 9, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: VACANT LOT ADJACENT TO CUSTOM INDUSTRIAL PRODUCTS Ken Solie and Jerry Cowan, two local developers, are requesting up to $233,000 in TIF to assist them in the construction of a 30,000 square foot commercial facility. This facility would serve two tenants who would provide a minimum of 30 jobs. The facility would have a value of$1.2 million and a tax bill of$60,000 per year, compared to the estimated taxes of $5,000. This $60,000 per year is approximately the same amount of taxes that the Custom Industrial Products building is bringing in. In addition, they will also need a public hearing for subdivision and one for an expectant variance request. • Policy Impact The City's policy states that the City can provide up to $10,000 in assistance for each $100,000 increase in value and $5,000 for every job created or retained. $1.2 million in value = $120,000 30 jobs 150.000 $270,000 The City has approximately $500,000 in the fund balance from the Chandler and Kenzie TIF districts. I would propose the City use those funds for this redevelopment, as we did for American Monarch and the two townhouse projects. The benefits of this are: (1) no bond sale; (2) no TIF district created; (3) no LGA penalty; and, most importantly, (4) the City, School and County benefit immediately. To be able to provide the funding for this development, the City will need to conduct a public hearing to amend our budget. I have attached the activities that are currently permitted to utilize TIF funds. Since we are going through the hearing, we may want to add or delete to the plan. • PIease let me know within the next 30 days, if there are any changes you would like to see in the TIP pian. • • • Owner/Tax a er Pro ertAddress PID# Market Value 1995 Tax Paid Parcel Size Zoning Proposed Development John M. CARR 3402 Old Hwy. 8 06-029-23 44 0005 132,000 4,551 15,660 sq ft R-2 Proposed Townhomes 3402 Old Hwy. 8 St. Anthony, MN Phase II St.Anthony, MN 55418 Lot 4, Aud. Subd. 377 Gregory STEINER 3016 Old Hwy. 8 06-029-23 44 0006 101,000 1,957 12,760 sq ft R-2 3016 Old Hwy. 8 St. Anthony, MN St.Anthony, MN 55418 Lot 5, Aud. Subd. 377 Thomas OWENS 3010 Old Hwy. 8 06-029-23 44 0007 109,000 2,197 12,248 sq ft R-2 3010 Old Hwy 8 St. Anthony, MN St.Anthony, MN 55418 Lot 6, Aud. Subd. 377 Jerome GRUNDMAYER 3013 Croft Drive 06-029-23 44 0009 112,000 2,287 24,880 sq f R-2 3013 Croft Drive St. Anthony, MN St.Anthony, MN 55418 Lot 8, Aud. Subd. 377 Subtotal $454,000 $10,992 65,548 sq ft (1.5 acres) PROPERTY ACQUIRED BY ARNOLD DEVELOPMENT IN 1995 Chet Makowski 2938 Old Hwy. 8 St. Anthony, MN 06-029-23 44 0024 112,000 5,165 25,942 sq f R-2 Lot 22, Aud. Subd. 377 Chet Makowski 3004 Old Hwy. 8 St. Anthony, MN 06-029-23 44 0025 114,000 5,211 27,757 sq f R-2 Lot 23, Aud. Subd. 377 Chet Makowski 2930 Old Hwy. 8 St. Anthony, MN 06-029-23 44 0057 90,700 2,829 24,288 sq ft R-1 Lot 21, Aud. Subd. 377 Lot 7, Aud. Subd. 377 06-029-23 44 0008 500 16.38 6,008 sq ft R-1 Lot 13, Aud. Subd. 377 06-029-23 44 0013 500 16.38 9,666 sq ft R-1 Lot 24, Aud. Subd. 377 06-029-23 44 0026 500 16.38 6,060 sq ft R-1 Subtotal: $318,200 $13,254 99,721 sq ft (2.3 acres) Q8 36 O I R i T 00 78.36 1 i i 2) 1 7 170 1 II N ;10 N D r e „ (49) (44) (52) - (51) = (50) - 30 (3) 1130 / A 82.3 i 75-- 751 80 T Sly \, T 12 170 °� R T R "~ YAC 6-215-M(60) 1 ` —CROFT-- C _ �]e� _ _ r R 1, OR LOT 2 100 130 100 170 `ti. ,,&N b\ 3 -- Q �ti•. (4) .��j2 ( I 10 170 (12) ( 0) ^ � � ��`� ° •� 1 �' CJ b` /�� 4 y� .h (5) h a (9) (6) ? CP 73 48.8 les.2 130 (82) i � 'SR'?� 1 444 DJ (6) (7) (14) : "' `tee `�•' (70)s e ' 170 69)( ° (7) d % l ti �i ,\ 8(68) ,Lh o:- %n1 o7 ; (8) (IS) `� 3 (67) by "'e% % •1 '' ��' , 130 � 1 � dS � O� D �,•� ' `•r '�i '' _ (7I4 10 )' • D j (66) (72) c� / (9) - ( 16) - J (65) 11 X73) 19 170 2 (64) tih~y (81) 12 1 Es ' s 13s (63) 13 (74) 10 (10) 8 14 y (76) ti 1) _' 13(77 ( 17 s C� s 112 133 (78) ( 12) : n le 17(79) h ti, 4ti 8 18 8 61 I A 'q TE PMT Of RD$: LOT 19 Ile eo (61) �` ~ ,o , O 3.36 •o $ I IPMT Of h 1 (25) 1 LOT 20 1 (62) '� �J '• (26) PCi 4 r 22) 30 31 • City Hall Issues to Address 1. Storage proposal 2. W.T. 3. Asbestos proposal 4. Phone system 5. Last review of FUP 5. Full lease, School Board first • • 32 • MEMORANDUM DATE: March 14, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: FINANCIAL SUMMARY FOR NEW CITY HALL/COMMUNITY CENTER - UPDATE 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) Contingency cost approved to date -- $4,862. Phone system $ 40,000 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 $ 216,000 * Currently, there is $34,000 budgeted in our Capital Equipment Fund for tennis courts and $15,000 for office furniture. * The $5,000 for the score board has not been included. 33 • March 14, 1996 Mike Morrison St. Anthony Village 3301 Silver Lake Rd. I St. Anthony, MN 55418 Re: St. Anthony City Hall & Community Center Additional gym storage costs Dear Mike, As you requested, this letter answers some of your questions regarding our January cost estimate to add 900 s.f. of storage to the north end of the gym. The estimate we prepared totals $43,266. It is important to keep in mind that the estimate is based on actual material take-offs and not a cost per square foot figure. It includes professional fees for structural, electrical and mechanical engineers as well as our office. Contractor's mark-ups are also included. • You asked for a cost per square foot breakdown of the project at this time. I've included the figures below, however, I caution that a comparison between costs per square foot is problematic. For example, the storage area does not involve as many trades as the whole building (i.e. no casework, windows, folding partitions, interior finishes, etc.). Also, the addition has only two new exterior walls. As a result, the cost per square foot is much lower for the storage area than for the whole building. Total building cost including change orders 1-3 & fees: $3,409,300 Cost per square foot (gross): $ 82 Cost estimate for additional storage including fees: $ 43, 266 Cost per square foot (gross): $ 43 1 hope I've answered your questions. Give me a call if you need any more information. Sincerely, 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 34— March 4— March 18, 1996 Mike Morrison St. Anthony Village 3301 Silver Lake Rd. St. Anthony, MN 55418 Re: St. Anthony City Hall & Community Center Dear Mike, As you requested, we're begun to look at the changes necessary and costs associated with adding a running track to the gym. I've talked with Duane Grace, the City of St. Anthony's code consultant, and he has agreed that an elevator will not be required to access a mezzanine-level track. This makes it possible to add a 5' to 6' wide suspended running track around the perimeter of the gym by expanding the gym • 10' to the east. A single, fully code-compliant stair will be required to access the track from below--a circular stair is not permitted. By expanding only to the east, we can use the structural steel joists already fabricated for the gym. (The cost to redesign and fabricate all new gym structure would make the addition of a track prohibitive.) The design of the track entails suspending it from the ceiling joists. We've talked with our structural engineers about whether the joists will handle the extra load, and they have indicated that further analysis will be required. Their initial guess is that some additional joists or modifications to the existing joists may be necessary. Our mechanical engineers have indicated that the air handling equipment will adequately serve the additional gym arca. H.:w.ever, soma redesign of ti c4 sprint:Jer system b8 neceS-Sary to add sprinkler heads required for fire protection above the mezzanine. Lighting levels in the gym will also need to be increased. Fixtures will be added both above and below the mezzanine level. The contruction schedule may be impacted by the track addition since design, coordination, change order processing, shop drawing work, fabrication and construction will take some time. • WILLIAMS/O'BRIEN ASSOCIATES INC. 1111 THIRD AVENUE SOUTH, SUITE 156 MINNEAPOLIS, MN 55404 ARCHITECTS/PLANNERS 612-338-8981 FAX 612-338-8982 35- At SAt this point, further analysis on the part of our engineers is required before we can prepare a meaningful cost estimate. Before incurring additional design and estimating costs, I thought you may want to have a better sense of what is involved. If you would like us to proceed and to authorize our engineers to proceed with the necessary calculations required to determine the eAieiii ui additionai*suu.;iure, equipmeni: and iigiiiing'required, tet me know. Al this time, if we receive your go ahead, we will not fully design the track but make only the determinations needed for a cost estimate. This way, the City will incur fewer costs if you decide not to go ahead with the addition. Give me a call if you have any questions. Sincerely, Elizabeth Herrmann • • J �o • 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 ei!hcr 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, 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 3 -7 • MEMORANDUM DATE: March 13, 1996 TO: Michael Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Telecommunications Wiring & Equipment I have been meeting with telecommunications vendors and have asked each of them to submit a rough estimate of what it would cost the City to provide wiring and telephone equipment. So far, I have received two estimates and expect a third shortly. 1. AT&T: Total Estimate - $39,372.00 (includes trade-in of $3,515 for current system) Includes: 2 Public Pay Phones "Merlin Legend System" Telephones Uninterruptible Power Supply (UPS) • 2. Apollo Communications: Total Estimate - $32,909.40 Includes: Fujitsu, Series 3 Telephone System Class of Service/Class of Restriction - allows/restricts access for individual users. For example, phones in public areas could be programmed to restrict long distance usage. System Call Park - Calls can be "parked" and retrieved from any station. If call is parked longer than a predetermined time, then the call goes back to attendant. Transfer Stations - If the attendant needs to be away from the station, all incoming calls can be transferred to an alternate station. 3. Wunderlich - Malec Eng., Inc.: Total Estimate - Not yet available. Includes: Can provide CAT 5 level of cabling that is equivalent to fiber optics cabling; functionally equivalent to ISDN and will allow 100 MBPS (faster transmission and support of information). The cable is copper shielded pairs; individually shielded; and overall shield on all pairs. They do not provide telephone hardware but can assist in selecting equipment to our needs and specifications. 0 3 $ Page 2 The following proposed applications that are in common for the two telephone vendors: Wirin - for voice and data applications, i.e. telephones and computers. It can be installed in heating, ventilation, and air conditioning ducts. This cabling is capable of supporting changing/upgrading technology to varying degrees, depending on the vendor's recommendation. Voice Mail. Direct Inward Dial that allows calls to ring directly to an individual, bypassing the receptionist. Customer Training; Additional Training as needed. Remote Maintenance. ISDN - Integrated Services Digital Networking. Allows for the upgrading to future telecommunications technologies. Automated Attendant Service (part of the Voice Mail system) - Provides separated menus/messages for day, night, and events. In speaking with Liz Herrmann of Williams/O'Brien about the reason why this wasn't originally part of the contract, she recollected a few reasons. She said that the one reason that stands out in her memory was that the school district's technology package includes wiring and cabling for the Community Services portion of the new building. • Recommendation: I would recommend Apollo Communications as providers of the telephone equipment because the Fujitsu Series 3 telephone system has features that would very useful and efficient in providing service to residents and non-residents. This is true of the basic design of the telephone itself as well as the technological capabilities. I would also recommend having Wunderlich and Malec Eng., Inc. provide the wiring and cabling because of the close working relationship that they have with Williams/O'Brien, they understand the needs and requirements of the new City Hall/Community Services facility. These are personal recommendations based on the discussions at various meetings that I had with each of these vendors. I understand that the final selection will be as the result of a bidding process. Wally Sharp of Wunderlich and Malec Eng., Inc. indicated that RFP's should go out in May with the actual wiring and cabling ready for installation sometime in late August or September. '31 1 . ain hon il illa a C, DRAFT MEMORANDUM DATE: TO: Warren Rolek, Superintendent, ISD #282 • Michael Peterson, President, Sports Boosters Kathy Knapp, Director, Community Services FROM: Michael Mornson, City Manager ITEM: FACILITY USAGE PLAN For your information, enclosed is the facility use plan for renting space in the new building. After consulting with Kathy Knapp, other Community Services personnel, and Sports Boosters representatives, it was determined the City will begin scheduling space usage this fall. 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Phone (612) 789-8881 FAX(612) 781-9323 4-0 • 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. F 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 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, 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. Class C: Commercial and business organizations. 4z • Community Services and School activities are paid for with the lease between the City and the School District, therefore, there will be no charge for their activities under Class A. New uses may be subject to new charges, depending on operating and maintenance costs of the new uses. 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 C $50.00/Hour 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 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 • 43 . ah- 'hon illa e City Hall/Community Center Facility Reservation Form Current Date 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, Kiwanis. 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 • Expected Attendance Room Requested Fee Council Chambers Gymnasium Kitchen Community Meeting Rooms Which one? Key Deposit Fee (refundable upon return of key) Fee $10.00 1 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. In addition, rentee accepts full responsibility to clean the rented space after rentee's use. Signature of Responsible Person Amount Due • 3301 Silver Lake Road, St. Anthon)s Minnesota 55418-1699 Phone (612) 789-8881 FAX(612) 781-9323 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 City of St. Anthony, 3301 Silver Lake Road, County of Hennepin and the State of Minnesota, 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 $8,333.34 for January 1, 1997 through December 31, 1997, for a total annual rent in the amount of $100,000.00 for 1997 ($90,000 of the total cost is for space for Community Services and $10,000 is for the gym space). 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 loss or damage caused by or resulting from any variation, interruption or failure • of such services due to any cause, and no temporary interruption or failure of such services, incident to the making of repairs, alterations or improvements or due to accidents or strikes, or conditions or events not under Landlord's control 4-5- City of St. Anthony School District #282 Page 2 shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant's obligations hereunder. If services are interrupted for a period of five consecutive days and all or a portion of the leased premises are untenantable because of the lack of services, the monthly rent will abate for the period the leased premises are untenantable in proportion of the leased premises which is untenantable. ARTICLE 4. NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant or those claiming through or under Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any damage for failure to furnish services or utilities, the necessity for repairs or improvements to such services, fire, explosion, strikes, or any causes beyond Landlord's reasonable control; nor shall Landlord be liable for personal injuries, death, or any damage from any cause in or about the leased premises or the building within same are located, including the parking area, and without limiting the generality of the foregoing, any personal injuries, death or damage resulting from the use or escape of gas, water, steam, electricity, air conditioning or • other agency, or due to fire, explosion or action of the elements. Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the premises. Tenant agrees to place and maintain throughout the term hereof at its sole expense, such fire and other casualty insurance covering Tenant's property as Tenant deems appropriate in Tenant's reasonable discretion. Tenant further agrees to place and maintain throughout the term hereof, comprehensive general liability insurance covering the leased premises and providing insurance coverage with minimum amounts of liability for bodily injury to one person in the amount of Five Hundred Thousand Dollars ($500,000.00) and for bodily injury to any group of persons in the amount of Five Hundred Thousand Dollars ($500,000.00) and for property damage in the amount of One Hundred Thousand Dollars ($100,000.00). Landlord and Tenant each expressly waive any right of recovery against each other for any losses caused by or resulting from any acts of negligence or carelessness of the other, to the extent that such losses might arise from fire or any other peril covered by any policy of insurance. ARTICLE 5. CARE OF PREMISES. Tenant agrees: • 1 ) to keep the leased premises in as good condition and repair as they were in at the time Tenant took possession of same; reasonable wear City of St. Anthony • School District #282 Page 3 and tear and damage from the fire and other casualty, for which insurance is normally procured, excepted; 2) to keep the leased premises in a clean and sanitary condition; 3) not to commit any nuisance or waste on the leased premises, throw foreign substances in plumbing facilities, or waste any of the utilities furnished by Landlord; 4) if Tenant shall fail to keep and preserve these premises in the state of condition required by the provisions of this Article, the Landlord may, at its option, put or cause the same to be put into the condition and state of repair agreed upon, and in such case, the Tenant, on demand, shall pay the cost thereof; 6) Tenant agrees to abide by such Rules and Regulations as may be reasonably promulgated by Landlord so long as the same are consistent with the rights of Tenant under this Lease. Tenant shall erect no signs on the leased premises without the prior written permission of the Landlord. Landlord shall be responsible for the maintenance and repair of structural members, walls, footings and the roof of the building of which the leased premises are a part and the building systems to the point of entry into the leased premises, subject, however, to the provisions of Article 10. Tenant shall be responsible for all other maintenance, repair and replacement necessary for use of the leased premises; the Landlord shall be responsible for maintenance of the parking area, including snow plowing, and for an adequate level of security lighting. ARTICLE 6. USE. Tenant shall use the leased premises for community service offices, meetings, or other gatherings for community services and for no other purpose. Tenant agrees not to commit or permit any act to be performed on the premises or any omission to occur which will be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the building which will be in violation of any insurance policy carried on the premises by the Landlord. The Tenant shall not disturb other occupants of the building by making any undue or unseemly noise or otherwise, and shall not do • or permit to be done in or about the leased premises anything which will be dangerous to life, limb or property. City of St. Anthony School District #282 • Page 4 ARTICLE 7. INSPECTION AND REPAIRS. The Landlord or its employees or agents shall have the right to enter the premises at all reasonable times, upon reasonable prior notice for the purpose of inspection, cleaning, repairing, altering or improving the same or said building, but nothing contained in this Article 7 shall be construed so as to impose any obligation on the Landlord to make any repairs, alterations or improvements. ARTICLE 8. ALTERATIONS. Tenant will not make any alteration, additions or improvements in or to the leased premises or add, disturb or in any way change any plumbing or wiring therein without the prior written consent of the Landlord which consent shall not be unreasonably withheld or delayed so long as the same does not adversely affect the structure, systems, appearance or value of the Building. Landlord may condition its consent upon requirements as to the character of the alterations, additions, or improvements to be made, the manner of doing the work, and the persons to do the work. In the event that such prior written consent is granted, Tenant agrees to make such alterations, additions or • improvements at its own sole expense, and warrants to Landlord that all such alterations, additions, or improvements shall be in strict compliance with all relevant laws, ordinances, governmental regulations and insurance requirements. The Tenant shall be responsible for the purchase and installation of any additional air conditioning units, other than those already provided, 50% of the cost of purchasing and installing any new locks for the leased premises or for the exterior doors of the Building for which Tenant has keys, and the installation of carpeting and drapes in the leased premises, if requested by Tenant. ARTICLE 9. COMMON AREAS. Tenant is hereby granted the nonexclusive right to use the driveways, parking, sidewalks, hallways and restrooms serving the Building ("Common Areas") in connection with Tenant's use of the leased premises and subject to the provisions of this Lease and any rules and regulations established by Landlord; 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. • � 8 City of St. Anthony School District #282 Page 5 In addition to the use of the Common Areas, Landlord and Tenant contemplate the use of the Multipurpose Room 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 Multipurpose Room 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 Multipurpose Room except that Tenant shall be responsible for cleaning the Gymnasium and Multipurpose Room 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 leased premises shall not be a waiver of Landlord's rights under this Article as to any subsequent assignment or subletting. Landlord's rights to assign this Lease are and shall remain unqualified. City of St. Anthony School District ##282 • Page 6 ARTICLE 11 . DAMAGE BY FIRE OR OTHER CASUALTY. If fire or other casualty shall render the leased premises untenantable, this Lease shall terminate forthwith, and any prepayments of rent shall be refunded by the Landlord pro-rate; provided, however, that if the premises can be repaired within ninety (90) days from the date of such event, then at Landlord's option by notice in writing to Tenant mailed within thirty (30) days after such damage or destruction, this Lease shall remain in full force and effect, but the rent for the period during which the premises are untenantable shall be discounted pro-rata. ARTICLE 12. EMINENT DOMAIN. If such a portion of the leased premises or the Building or the Property are taken by any public authority under the power of eminent domain as to render the remaining portion unsuitable for the purposes intended hereunder, then the term of this Lease shall cease as of the day possession shall be taken by such public authority, and Landlord shall make a pro-rata refund of any rent that may have been paid in advance. All damages awarded for such taking under the power of eminent domain shall belong to and be the property of Landlord, irrespective • of the basis upon which they are awarded. ARTICLE 13. SURRENDER. On the last day of the term of this Lease or on the sooner termination thereof, Tenant shall peaceably surrender the leased premises in good condition and repair consistent with Tenant's duty to make repairs as provided in Article 5 hereof. On or before the last day of the term of the lease or the sooner termination thereof, Tenant shall at its expense remove all of its equipment from the leased premises, and any property not removed shall be deemed abandoned. Tenant shall reimburse Landlord for any expenses incurred by Landlord with respect to removal or storage of abandoned property. All alterations, additions and fixtures, other than Tenant's equipment, which have been made or installed by either Landlord or Tenant upon the leased premises shall remain as Landlord's property and shall be surrendered with the leased premises as a part thereof; provided, however, that Tenant may prior to the end of the term of this lease remove any of its fixtures if in so doing it shall repair any damage occasioned thereby. If the leased premises be not surrendered at the end of the term or sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the premises, • including, without litigation, claims made by any succeeding tenant founded on such delay, and reasonable attorneys fees. Tenant shall promptly surrender all so City of St. Anthony • School District #282 Page 7 keys for the leased premises to Landlord at the place then fixed for payment of rent and shall inform Landlord of combinations on any locks and safes on the leased premises. ARTICLE 14. NON-PAYMENT OF RENT: DEFAULTS. If any one or more of the following occurs, (1) a rent payment from Tenant to Landlord shall be and remain unpaid in whole or in part for more than fifteen (15) days after notice from the Landlord; (2) Tenant shall violate or default any of the other covenants, agreements, stipulations, or conditions herein, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord of such violation or default or, if the default may not reasonably be cured within a thirty (30) day period, then within such additional time as may be reasonably necessary to cure the default so long as Tenant is making diligent efforts to cure the default; or (3) if Tenant shall be adjudged bankrupt or file a petition in bankruptcy or otherwise indicates insolvency or becomes insolvent; then it shall be optional for Landlord to declare this Lease forfeited and the said term ended, and to re-enter said premises, with or without ,{ process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damage by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord or forfeiture or termination of this Lease, the liability of Tenant for the rent provided for herein shall not be relinquished or extinguished for the balance of the term of this Lease. Each party to this Lease will pay, in addition to the rentals and other sums agreed to be paid hereunder, such additional sums as the court may adjudicate reasonable as attorney's fees in any suit or action instituted by the other party to enforce the provisions of this Lease, or the collection of the rentals due Landlord hereunder. ARTICLE 15. HOLDING OVER. In the event Tenant remains in possession of the premises herein leased after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupying said premises as a tenant from month to month, subject to all the conditions, provisions, and obligations of this lease insofar as the same can be applicable to a month-to-month tenancy. • 51 City of St. Anthony School District #282 • Page 8 ARTICLE 16. COVENANTS TO HOLD HARMLESS. Except in the case of negligence of Landlord, its agents or employees, Tenant agrees to hold Landlord harmless for any liability for damages to any person or property in or about the leased premises and to defend and indemnify Landlord with respect to any actions, suits or claims relating to any injury, death or property damage within the leased premises. All property kept, stored, or maintained in the leased premises shall be so kept, stored, or maintained at the sole risk of Tenant. Tenant agrees to pay all sums of money in respect of any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the leased premises which may be secured by any mechanic's, materialmen's or other lien against the leased premises or the Landlord's interest therein and will cause each such lien to be discharged at the time performance of any obligation secured thereby matures, provided that Tenant may, upon depositing and maintaining with Landlord a sum reasonably satisfactory to Landlord to protect Landlord's interest in the leased premises from such lien, contest such lien, but if such lien is reduced to final judgement or process thereon is not stayed, or if stayed and said stay expires, then and each such event Tenant shall forthwith pay and discharge said judgement. Landlord shall have the right to post and maintain on the leased premises, notices of non-responsibility under the laws of Minnesota. ARTICLE 17. SUBORDINATION. At the request of any mortgagee or ground lessor, this Lease may be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Building, and Tenant will execute, acknowledge and deliver to Landlord any document requested by Landlord to evidence the subordination. Such subordination is on the condition that Tenant's right of possession of the leased premises as provided in this Lease will not be distributed by the mortgagee or ground lessor so long as Tenant is not in default under this Lease. If the interest of Landlord is transferred to any party by reason of foreclosure of a mortgage or cancellation of a ground lease, or by delivery of a deed in lieu of foreclosure or cancellation, Tenant will immediately and automatically attorn to such party. Tenant agrees that upon notification by Landlord or any mortgagee or ground Landlord of the election of a mortgagee or ground lessor to subordinate its interest in the leased premises to this Lease, this Lease will become prior to the mortgage or ground lease. • sz City of St. Anthony School District #282 Page 9 ARTICLE 18. GENERAL. This Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. No waiver of any default of either party hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision of this Lease performable by Tenant shall be construed to be both a covenant and a condition. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an Agreement in writing, signed by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. Any notice required to be served in writing hereunder shall be mailed to the parties at the addresses set out after their respective signatures. Any and all indebtedness owing by the Tenant to the Landlord pursuant to the terms of this Lease which remains unpaid for a period of thirty (30) days after it first becomes due and payable • shall bear interest from and after the lapse of such thirty (30) day period at the rate of eight percent (8%) per annum. This Lease shall not be effective until executed by all parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. For: ST. ANTHONY/NEW BRIGHTON For: CITY OF ST. ANTHONY SCHOOL DISTRICT #282 Its Chair Its Mayor Its Clerk Its City Manager • 5-3 - - - �ity of Salnt Anthony, Minnesota City Hall Community Center Complex Cost Allocation Schedule - • Year of School Distrfct _ Maturity OF/Main DIS Total Exp. Contribution (1) (2) (3) - (4) (5) 1996 $0 $84,422 $64,422 $0 1997 28,456 : 8 ,893 112,349 100,000 1998 =•29,310 113,114 100,000 1989 30,189 :': '83;581 113,770 100,000 2000 31,095 63,242 114,337 100,000 2001 329027 :' .':,82,.784.. 114,812 i00,00o 2002 ::'32,988. :'°8 ;896 -:::118,884 100,000 2003 =' 33,978117,120 100,000 2004 34,997 -.'=.83,J26 .' 118,923 10Q,000 2005 36,047 84,499 120,545 100,000 2006 37,129 83,189 120,318 100,000 2007 : 38,242 83,402 121,645 100,000 2008 .39,390 85,064: 124,443 100,000 2009 40,571 -:_ 88•,720 125,292 100,000 2010 41,789 94,144 _ .125,932 100,000 2011 .43,042 . 0 _43,042 100,000 • 2012 : 44,333 �` 0. . 44,333 100,000 2013 45,663 0 -45,663 100,000 2014 .47,033 0 .47,033 100,ob0 2015 48,444 0 . : 48,444 100,000 2016 4u9fl Q 49,89 100,00 Totals: X64&23 $1 2, 7.699 1"-2,32.1 �2,QO0 900 Occupied , O$M lsgt�jtl�ie:a 7otaL$q_�# 1c QsSd1Ai ;ic�Eee# SsI.F.�ef ty ' ,528 /0 j9;327 2,805 Gymriam 3 si4i } ; 6 2, .671 /0 0,324 PUb11c Areas ., �2 0 " , 4J,472 41,:47-12 tie c L .., t -,. .,•, Prepared: 18-,tan-08 • $tine6P.wk4 SPRINGSTED Incorporated eel I�o�� cc:��Czc�i eco 14 r a re— CITY OF ST. ANTHONY I,Jar(c SesSio►ti. RESOLUTION 96-019 A JOINT RESOLUTION REGARDING AN ANNUAL CONTRIBUTION BY SCHOOL DISTRICT #282 FOR RENTED SPACE IN A CITY HALL/COMMUNITY CENTER BETWEEN ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT #282 AND THE CITY OF ST. ANTHONY WHEREAS, St. Anthony/New Brighton School District #282 has requested to rent certain space in the new City Hall/Community Center; and WHEREAS, the School District will provide a donation of$100,000 per year beginning in 1997 through 2016 (20 years) to pay for costs related to the operation and maintenance and debt service for the space the School District 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 annual payments of$100,000 by the School District to the City of St. Anthony, as outlined in the attached schedule. FOR ST. ANTHONY/NEW BRIGHTON FOR THE CITY OF ST. ANTHONY SCHOOL DISTRICT #282 — —2��j a- School Board Chair Mayor School Board Secretary/Treasurer City AaAger • . ain thon � illa 'e 'r' Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 781-9323 March 11, 1996 Mr. Mike Miller St. Anthony Health Center/Chandler Place 3700 Foss Road St. Anthony, MN 55418 Dear Mike: • There are a number of issues that will need to be addressed regarding the proposed addition to the St. Anthony Health Center. Many of these issues will not be discussed at the Planning Commission meeting on March 19th but will probably be discussed at a future Planning Commission meeting. As we discussed Thursday, it is important for you to contact the Rice Creek Watershed District as soon as you can. I understand that because of the snow your engineer is not able to determine the grade and drainage, but not contacting them may result in a delay in the construction of your project. Also, the City cannot issue a building permit until you have received a permit from the Rice Creek Watershed District. Lot Coverage. The City Ordinance calls for lot coverage to be no more than 50%. It appears from the plans that you provided me that there is more impervious surfaces than green space. Would you provide me with the square footages of the buildings and the proposed addition? I think the figure that we discussed earlier is for paved surfaces only, i.e., sidewalks and parking areas. (See Section 1630.05, Subd. 8, Lot Coverage.) Rear Yard Setback. It appears that the proposed addition is 20 feet from the property line. The City Ordinance states that there is to be no less than 40 feet from the edge of the building to the property line (Section 1630.05, Subd. 6, Rear Yard . Unless the footprint of the proposed additional is revised, you may need to request a rear yard setback variance. • Parking. There are several parking issues that will need to be addressed. The first issue is the number of spaces available for on-site parking. The plan that you recently submitted shows approximately 107 combined on-site parking spaces for both lots. Copies of updated easements show that parking will be allowed on either lot for the proposed addition . 64 Page 2 • These spaces need to be at least 9'x19', (Section 1650.05, Subd. 1, (a), On-Site Par"in and the drawing indicates the spaces are 18' long and no width indicated. Also, I will need to know the amount of parking that is available in the underground parking area, the number of resident rooms/apartments and the number of employees on the largest shift for both facilities. This information is required so that I may provide it to the Planning Commission in a staff report. Parking on the Setback. Just so that you are aware, the Ordinance does not allow for parking within a 20 foot setback from the property line, (Section 1650.05, Subd. 2, (b), Prohibited On-Site Parkine). On the Proposed Property Division plan, it looks as if proposed parking will be in the setback off of the Foss Road side. In reviewing the parking plan submitted on Friday, March 8, I find that the 20 foot setback is observed. Illegal Drive Opening. As with parking on the setback, the Proposed Property Division plan shows an opening to Foss Road that appears to be 45 feet wide. As before, in reviewing the parking plan submitted, the drive opening appears to be approximately 28 feet wide as is required by the City Ordinance, (Section 1650.06, Curb Cuts.). As you are also aware, the proposed location of the pavilion may possibly be an issue because of front yard setback requirements of the City Ordinance. • In summary, there are three and possibly four issues that will have to be addressed either by revising the plans of the proposed addition or by variances. As Larry and I have indicated to you at a meeting in February, variances will not be easy to get. We are available to meet with you to discuss any of the above-mentioned issues or additional issues that occur as you plans for the proposed addition move forward. If you have any questions or concerns regarding the information in this letter or the process for either the subdivision of land or the variance request, please give me a call at 789-8881. Si ce ly, m oore-Sykes, Management Assistant City of St. Anthony enc. • p = Hennep I* n County • r An Equal Opportunity Employer March 14, 1996 Mr. Michael Morrison Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mr. Momson: • In February,the Hennepin County Board adopted a resolution on housing policy. Included in the resolution were proposed revisions to the allocation of Community Development Block Grant(CDBG) funds for fiscal years 1997 and beyond. A copy of the resolution is enclosed. The policy direction and proposed revisions to the CDBG program resulted from information presented at meetings with the communities and county staff recommendations. The goal of the revisions is to promote program efficiencies and assist communities in addressing housing and community development needs. The information on the CDBG program revisions was shared with staff from each city and several meetings were scheduled in March to discuss these changes. Enclosed is a summary of the discussion that occurred at those meetings. On March 21, 1996,the Hennepin County Board is scheduled to discuss in committee,the proposed CDBG allocation and give preliminary approval to the 1997-99 Joint Cooperation Agreement. This agreement is required for communities to participate in the Urban Hennepin County CDBG program and establishes shared powers to carry out housing and community development activities. The agreement will be transmitted to all 43 participating communities in April. Hennepin County Administration isA-2303 Hennepin County Government Center Recycled Paper Minneapolis, Minnesota 55487-0233 (612) 348-7574 FAX (612) 348-8228 Mr. Michael Mornson March 14, 1996 • Page 2 Please contact Barbara Hayden at 541-7083 if you have any questions. I look forward to continuing our cooperative approach in addressing suburban Hennepin County housing and community development needs. Sincerely, j&xn4,34- " James M. Bourey County Administrator Enclosure cc: County Commissioners • • 59 • Henn OFFICE OF PLANNING AND DEVELOPMENT 10709 Wayzata Boulevard, Suite 260 ll Minnetonka, MN 5 305 (612) 541-7080 - (612) 541-7090 FAX CDBG ALLOCATION SUMMARY OF COMMUNITY RESPONSE MARCH 8, 1996 All 43 suburban Hennepin County participating communities were provided a copy of the board resolution(96-2- 150)pertaining to county housing policy and a letter explaining the proposed revisions in the allocation of CDBG funds. In addition, three meetings were scheduled to solicit community input on the proposed revision. Each of these meetings was conducted in suburban locations (Corcoran, Minnetonka and Orono). The overall response was favorable. Larger communities prefer the annual planning allocation over a competitive process. Many smaller communities realize the benefits of pooling funds and having the opportunity to access larger funding amounts. There are mixed comments on how the CDBG resources should be tied to the • Livable Communities Act. Hennepin County staff has arranged a meeting with staff from the Metropolitan Council to get clarification on the use of CDBG funds to meet local housing goals and cluster planning applications. Discussions included the revised method of allocation,project selection process and countywide objectives. The objectives set forth were as follows: • Stabilize neighborhoods and strengthen the tax base. • Maintain and provide affordable housing. • Provide services that address the needs of low-income citizens and promote self sufficiency. These objectives would establish funding priorities which restrict the use of CDBG funds in 1997. Specifically, general planning activities would no longer be eligible for funding and citywide removal of architectural barriers would no longer be funded. Larger Communities Support annual planning allocation. Support CDBG funding priorities. If communities do not utilize their planning allocation to address these priorities, funds should be made available to other cities. • Recognize the need to support countywide, fair housing activities. g PP � � g Encourage Hennepin County to pursue initiatives that enhance CDBG priorities. �DBG Allocation Summary March 8, 1996 Page 2 • Smaller Communities Generally support the concept of pooling funds. There were discussions of creating two funding pools. The communities surrounding Lake Minnetonka expressed the greatest interest in two pools. Communities strongly support that only the smaller communities compete for these funds. Some communities suggested that the threshold be increased to $75,000 to assure a larger funding pool. Support CDBG funding priorities. Communities support continued funding for social service(15 percent of the pool)and single family rehabilitation. Due to staff limitations in staffing and expertise, communities prefer an uncomplicated application and review process. County staff assistance is needed in identifying projects which meet county priorities and in formulating funding proposals. A selection committee consisting of staff from the smaller communities should formulate a funding recommendation to the county board. Minimum project size should be $25,000. • Assistance from Hennepin County staff is needed in addressing Livable Communities goals and planning. Many communities are interested in cluster planning to address the livable community goals. In addition, communities are looking to form partnerships with Hennepin County to address issues involving the Metropolitan Council. Summary The cooperation agreement establishes the broad parameters for the Hennepin County CDBG program. The most significant change will deal with the overall allocation process. Funding priorities are addressed in the Consolidated Plan and the allocation of resources are part of the county's annual action plan. Details of the project selection process can be developed over the next year. The Hennepin County Board policy and community discussions have formulated the framework for the future Hennepin County CDBG program. The board ultimately approves the allocation and use of CDBG funding. • R:\BARB\ALLOC.MTG FEB 23 '96 10.11AM HE HEPIN CO C01,111IISSI P. u 6U Resolution No. 96-2-150 The following resolution was offered by Commissioner Johnson, seconded by Commissioner Tainbornino: WHEREAS, members of the Hennepin County Board have received staff reports and recommendations regarding county housing policy and have discussed housing needs and potential county housing roles with municipal officials, BE IT THEREFORE RESOLVED, that the Hennepin county Board supports the following housing policies and program directions: 1. Hennepin County's housing policies and activities should be consistent with the following goals and assumptionox a. Housing is primarily a municipal responsibility. b. county involvement in housing should complement, not supplant, existing municipal responsibilities and resources. c. Consistent with the county board's vision and mission, county housing activities should achieve one or more of the following goals: - Reduce county service coats or improve service results - Reduce reliance on county services and promote self- reliance - Stabilize neighborhoods and strengthen the tax base. d. No additional federal, stats or county funds are expected to become available in the foreseeable future to support housing activities. • e. Future county and municipal access to state and federal funds for housing, community development and transportation purposes are likely to be linked to affordable housing performance. 2. Hennepin County's current supportive role for housing be continued, in cooperation with municipalities, in promoting neighborhood and tax base stabilization and furthering affordable housing. 3. Hennepin County will utilize and seek to maximize existing resources to assist communities in achieving locally established goals under the Livable Communities Act, including the preservation of existing housing units. 4. County staff are authorized to prepare proposals for strengthening the county's coordinating role and establishing countywide programs to address housing and tax base concerns identified by communities subject to county funding constraints and county Board approval, as required. BE IT FURTHER RESOLVED, that staff are authorized to present to suburban eame►unities proposed revisions in the method of allocating county CDHO funds. The goal of such revisions should be to promote administrative efficiencies and assist c==unities in addressing housing and community development needs. The following provisions for the 1997-99 Joint Cooperation Agreement should be included among the proposed revisions: 1. communities qualifying as entitlements (having populations of aLt least 50,000) will receive annual funding allocations equal to the HUD formula entitlement or the Hennepin County formula allocation, which ever is greater. FEB 20 199 _EB 23 `36 HENNEPIN CO C011MIS3I P.2 Page 2 Reso./RZ No. 96-2-150 2. Non-entitlement caimunities with county Formula allocations of $50,000 or more will receive planning allocations. • 3. Non-entitlement communities with formula allocations of lege than $50,000 will have their funds consolidated in a pool for award on a ccmpetitive basis. Representatives of these communities will participate in a review committee to make funding reco=endations to the County Board. only the communities whose funding has been pooled will be eligible to compete for these Funds. Theestion was on the adoption of the resolution, and there were Six YEAS and NO NAYS as follows= COUNTY OF HEOMPIN BOARD OF =LINTY C0WA1331ORSRS YEA NAY Mike Opat X Sandra Hilary ABSENT Mark Andrew X Randy Johnson X Mary Tambornino Penny Steele Peter McLaughlin, chair RESOLUTION ADOPTED. • h=ST: C a k the cok4nty Board FEB 2 01996 • MEMORANDUM DATE: March 26, 1996 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager ITEM: TELECOMMUNICATION UPDATE The telecommunication full court press has hit St. Anthony! We have a proposal from American Portable Telecom to enter into a lease for antenna space on our water tower for $4,500 per year. This same company has stated to me that they are talking with Jerry Cowan about placing one 120 foot antenna on his property in lieu of the water tower site. Fortunately for us, the City has an ordinance height restriction on antennas of 75 feet. • I would like to know if the Council would like to lease the water towner space to this company. I do not want to spend a lot of time on negotiations and the lease, if you are not interested. I sent the lease to Tom Creighton, the attorney for the North Suburban Cable Commission (we are a member) for his review. I also spoke with New Brighton, Arden Hills, Minnetonka, etc. They are currently leasing or will be leasing their water towers, but for $10,000 per year. Two other issues on telecommunications that we should look at are right-of-way usage costs (currently $50) and antenna costs (currently $15). The League of Minnesota Cities and North Suburban Cable Commission recommend we charge as much as we can. In addition, you should be advised of the following when contemplating a policy and fee structure: ► The City has the right to say no on water towers. ► The City does not have the right to deny use of public right-of-ways. In fact, a bill is being discussed in the legislature to allow the Public Utilities Commission to determine right-of-way usage and fees, etc. • This is being promoted by AT&T and U.S. West. L4 BERNICK AND LIFSON A PROFC3510NAL ASSOCIATION ATTORNEYS AT LAW 1833 A. SUSSMAN 3UITC 1200, TMC COLONNAOC tAL30 AOMITTCO IN WISCONSIN 'ALSO C[RTVICO PUSL1C ACCOUNTANT N EAL J. SHAPIRO 5300 WAYZATA BOULCVARO SAUL A. BERNICK* MINNEAPOLIS, MINNESOTA SS416-1270 LEGAL,IS311TANT3 THOMAS O CRCIOMTON JO BROWN SCOTT A. LIPSON TCLEPMONC (612) 5a6-1200 JOAN M. SCI-IULK ER3 OAV10 K. NIGHTINGALE? FACSIMILE (6121 Sa6-1003 KATHRYN O. MASTER MAN PAUL J. OVAST* THERESA M. KOWALSKI RC6CCCA J. HELTZCR ROBERT J V. VOSE ' XMMORANDUM . , To: Municipal Clients and Interested Individuals From: Thomas D. Creighton Re: Attached Personal Communication Systems (PCS) Lease and Option Agreements Date: March 7, 1996 In response to numerous requests from our municipal telecommunications clients from around the country, we have reviewed over fifty(50) existing leases for tower facilities in municipalities. We have prepared the attached sample lease and option agreement which we believe incorporates the best provisions of the leases we have reviewed. The option agreement is included since some providers wish to secure an "option" until such time as they can conduct the necessary site location appropriateness technology studies. The lease includes the provision for two kinds of rent and one additional kind of "in-kind" remuneration. The rent provisions include a base rent either calculated on a monthly or annual basis, and a percentage of gross revenue at such time as such calculations would exceed the base rent. We are aware that some providers will certainly object to a percentage of gross revenues both from a philosophical perspective and from a practical argument that such revenues cannot be attributed to one antenna. Such disputes will need to be negotiated between the city and the provider. The municipal philosophical argument is that if profits are made from the location of the antenna such that the base rent is woefully inadequate, the city should share in the success of the antenna. We have ranges of rents charged for such antennae by other cities but have not included them in the attached documents. Different situations and locations may well dictate different rates. We have determined that cities should either negotiate a rental which is in line with other such facilities in town (recognizing that the PCS systems probably have far greater revenue potential than some existing leaseholders in your community), or contact us, and we can provide you under separate 0 cover the range of rents charged by other cities. Memo - 2 - March 7, 1996 • PLEASE note also that some cities have negotiated numerous"in-kind"rental payments such as free cellular service for the city, free capacity on the network, and free paging services and associated equipment for all of these things. We can also provide you with a summary of such "in-kind" information upon request. C:\VOSE\CL[ENT.MEL)v[\PCSLEASE.00[ • • March 18, 1996 Larry Hamer Director of Public Works City of Saint Anthony 3301 Silver Lake Rd.N.E. Saint Anthony 55418 RE: Proposed PCS Installation on Saint Anthony water tower located at Ciy Amin Offices Dear Mr. Hamer: Please accept this letter as a proposal from APT(American Portable Telecom)to enter into a Lease Agreement for communication and antenna space at the referenced location. APT has retained the services of TEA Group Incorporated for the purposes of acquiring sites for the installation and operation of PCS (Personal Communication Services)radio equipment.-, APT, a subsidiary of Telephone and Data Systems, Inc. was awarded the PCS license by the FCC for the Minneapolis/St. Paul area. I have enclosed a brochure which describes, in greater detail, APT and its operation. • APT engineers have determined that the Saint Anthony Water Tower appears to be suitable for the location of one of our communication sites. At this time, the typical APT equipment installation consists of nine (9) directional panel antennas (77" high x 6" wide x 1.5" deep) which operate within the 1.9 ghz to 2.2 ghz radio frequency range. Additionally, up to four (4) equipment cabinets (each approximately 5' high x 3' wide x 3' deep), may need to be installed at the site (initially, the site will need one equipment cabinet). For access, the equipment cabinets will need to be placed in an area approximately 10' x 25' in size. The area beneath or adjacent to the tower will do nicely. Typically, these weather-proof, self-contained equipment cabinets are connected to the antennas by 1 5/8" cable(each antenna requires one cable run). The communication equipment requires 100 amp, 220 volt, single phase electrical service. With your input and approval,we will design and engineer a site specific layout for this location. APT is prepared to make the following offer to you: TERM: An initial lease term of five(5)years, including three(3) 6-year extension periods. RENT: 4,500.00 annually, paid in advance. ESCALATION'S: A 15% increase for each 6-year extension period. OTHER: All cost associated with the communications site will be paid for by APT. • c� 7 Mr. Hamer • March 18, 1996 If these basic terms and conditions are acceptable, APT is prepared to move forward with preparation of a mutually satisfactory lease document and appropriate supporting documents for execution by duly authorized representatives of all parties. Enclosed please find a copy of our standard lease agreement for your review. It is acknowledged and agreed that no legal rights to lease the space on the terms set forth above are created by this letter or otherwise unless and until the above reference lease has been executed by both parties. I look forward to meeting with you at your earliest convenience. In the meantime, if you have any questions or require additional information, please contact me at 612-858-0071 (office) or 612- 718-7312(mobile). Sincerel Douglas Grieg Scott Property Specialist Enclosures U Akio o � a • • 55.02 Scavengers. It is unlawful for any person, except a law enforcement officer .cting in the course of official business, to scavenge or otherwise collect refuse, recyclable materials or yard waste at the curb or from refuse containers or from recyclable materials containers without a license therefore from the City and an account relationship with the owner or occupant of the premises. Responsibility for and ownership of recyclable materials shall remain with the individual resident until collected by a licensed hauler or recyclable materials, at which time such ownership and responsibility shall pass to said hauler. Section 1160 - ANTENNAS AND TOWERS 1160.01 Definitions. The following terms will have the following meanings in this Section: Subd. 1. Antenna. Equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or outside of, any building or structure. For purposes of this Section, "antenna" does not include "dish antenna". Subd. 2. Dish Antenna. A parabolic shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the is exterior of, or outside of, any building or structure. Subd. 3. Tower. Any pole, spire or structure, or any combination, to which an antenna or dish antenna is, or could be attached, or which is designed for an antenna or dish antenna to be attached, and all supporting lines, cables, wires and braces. 1160.02 Permit Required; Exemptions. No antenna, dish antenna or tower of any kind may be erected, constructed or placed, or re-erected, re-constructed or replaced, anywhere within the City without first making an application for and obtaining a permit from the City, except for the following: (a) Dish antennas not greater than nine square feet in cross sectional area, , which do not exceed six feet in height as measured from the base of the dish antenna to the highest point of the dish antenna. (b) All towers or other antennas which do not exceed_six xffeet in height as measured from the base of the antenna or tower to the highest point of the antenna or tower. (c) Antennas, dish antennas and towers erected or constructed by the City for City purposes. • 11-16 (� 1160.03 Application for Permit; Issuance; Fee. Application for a permit required by • this Section is to be made to the Building Official in the same manner, and containing the same information, as for a building permit. The application must be accompanied by the fee set forth in Section 615. Any permits issued will be issued by the Building Official. 1160.04 General Requirements. All antennas, dish antennas and towers, for which a permit is required must comply with the following requirements: Subd. 1. All applicable provisions of the State Building Code. _ L'c_vv"l Subd. 2. Grounding for protection against a direct strike by lightning. Subd. 3. Height no greater than the distance from the base of the antenna, dish antenna or tower to the nearest overhead electrical power line (except individual service drops), minus five feet. Subd. 4. Protection to discourage climbing by unauthorized persons. Subd. 5. No lights, reflectors, flashers or other illuminating devices, or signs, banners or placards of any kind. Subd. 6. Construction Material Restrictions. Construction with • corrosive-resistant steel or other corrosive-resistant, non-combustible materials, with no wood. Subd. 7. Prohibited Extensions. No extension over any part of a street, sidewalk or alley. 1160.05 Location and Screening. Any antenna, dish antenna or tower must comply with the following: Subd. 1. Setbacks for principal buildings. Subd. 2. The following minimum distance must be provided between (i) ground mounted towers, (ii) ground mounted antennas, or (iii) ground mounted towers with antennas, which are in excess of 50 feet in overall height, and the nearest lot line of a lot in any residenti district: Minimum Distance in Feet = 20(h-50) + 50 h = overall height of tower and antenna in feet 11-17 • '7' 4 • Subd. 3. The following additional requirements apply to any residential district: (a) Dish antennas. (1) Dish antennas greater than nine square feet in area may not be located on the roof or exterior wall of a principal or accessory building. (2) Dish antennas may be located only in the rear yard. (b) All antennas and towers including dish antennas. (1) No antenna, dish antenna or tower may be located in the front yard. (2) No antenna, dish antenna or tower may be constructed, located or maintained, at any time, permanently or temporarily, closer to the allowed buildable area of a principal building on any adjacent lot than it is to the principal building on the lot on which it is located. • Subd. 4. The Building Official may require, as a condition to a permit, that a dish antenna installed in a non-residential district be screened from residential districts located within 100 feet of the dish antenna. 1160.06 Height Restrictions. Subd. 1. In the Residential Districts: (a) No ground mounted antenna, ground mounted tower or ground mounted tower with an antenna may exceed 65 feet in height, measured from the ground elevation at the base of the tower or antenna, whichever is lower, to the highest point of the antenna or tower, whichever is higher. (b) Towers and antennas mounted on or attached to a building or structure mav no exten an 25 feet above the highest point of the roof of the building or structure, provided that no tower or antenna may exceed 65 feet in height as measured from the ground elevation at the front building line. 0 11-18 (c) Dish antennas may not be in excess of 12 feet in height, • measured from the ground elevation at the base of the dish antenna to the highest point of the dish antenna. Subd. 2. Zoning Districts Other Than Residential. In all othe oninQ Districts other than Residential: (a) No ground mounted antenna, ground mounted tower or ground mounted tower with an antenna may exceed 75 feet in height, measured from the ground elevation at the base of the tower or antenna, to the highest point of the antenna or tower, whichever is higher. (b) Roof mounted antennas and towers may have a height of no more than 8 feet as measured from the point at which the antenna is attached to the roof to the top of the highest portion of the antenna. (c) Dish antennas may have an overall height of no more than 18 feet for either a ground mount or roof mount, as measured from the point at which the antenna is mounted to the roof or the ground elevation to the highest point of the antenna. • 11-19 • MEMORANDUM DATE: March 26, 1996 TO: Michael Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Proposed Sick Leave Donation Ordinance Amendment Because of two long-term employees out for an extended period of time, it has been suggested by Staff to develop a sick leave donation policy. The following is a proposed addition to the Personnel Policy of the City Ordinance. Proposed Ordinance Addition: 300.10 Sick Leave, Subd. 9. Donation of Sick Leave to Employees with Serious Medical Problems. Employees may voluntarily donate sick leave time in hour increments, which can be converted to use by employees facing serious medical is problems or extended time off due to serious medical problems and who have no accumulated leave time available, (i.e., vacation, sick or compensatory time). The use of this donated sick leave must be approved by the Department Head and the City Manager and will be converted to the receiving employee's paid hourly rate. This subdivision does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. MEMORANDUM • DATE: March 26, 1996 TO: Michael Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Health Insurance Coverage to Employees Taking Early Retirement Because the City has some Staff who may be eligible for early retirement, the question of continued health care insurance came up. The Minnesota Statutes state that a former employee of a local government must be allowed to participate indefinitely in the employer-sponsored hospital, medical, and dental insurance group that the employee participated in immediately before retirement if: 1. the employee is receiving a disability benefit; or 2. an annuity from a Minnesota public pension plan (i.e., PERA). • The former employee will be able to participate until the age of 65. The City can require the former employee to contribute or pay the complete premium payment, but the former employee must be allowed to be pooled in the same group as the active employees. Dependent coverage is available to the former employee only if the former employee participated in dependent coverage immediately before leaving the City's employ. The former employee should put in writing how much insurance coverage he/she wants. If a former employee does not elect to continue to participate in the City's health insurance program, the former employee does not have the right to reenter the employer's group insurance program. • 74 RESOLUTION 84-052 A RESOLUTION RELATING TO HEALTH INSURANCE PROVISIONS FOR RETIRED EMPLOYEES WHEREAS, certain full time City employees desire to retire from public service prior to age 65; and WHEREAS, Federal medicare coverage for hospital and medical costs are generally unavailable prior to age 65; and WHEREAS, the City has the option of allowing employees to continue health insurance coverage on the City health insurance until age 65. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of. St. Anthony that a policy is established allowing full tire City employees with more than ten (10) years service to the City of St. Anthony to continue to be covered under the City health insurance program from the date of their retirement until age 65 at the employee's expense. Employees must indicate their intent to continue such coverage within 30 days of retirement and all monthly premium payments shall be made in advance. Adopted this day of Dc 1984. 9/A1 �laybr fr ATTEST: z City Clerk Reviewed for administration: City Manager RESOLUTION 87-026 A RESOLUTION RELATING TO HEALTH INSURANCE PROVISIONS FOR RETIRED EMPLOYEES, INVALIDATING RESOLUTION 84-052 WHEREAS, Resolution 84-052 was a resolution relating to health insurance provisions for retired employees; and WHEREAS, said resolution established a policy allowing retired employees meeting certain criteria to continue to be covered under the City health insurance program; and WHEREAS, the criteria relating to that program have changed, making Resolution 84-052 invalid. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony, that Resolution 84-052 shall not apply to any City employee retiring after August 15, 1987 . Adopted this day of A 11 no St 1987 i ayor ATTEST: Ci �! ty Clerk Reviewed for administration: City Manager 7(a., CITY OF ST. ANTHONY RESOLUTION 91-037 A RESOLUTION OF NON-PRECEDENCE FOR EARLY RETIREMENT INCENTIVE FOR CITY OF ST. ANTHONY EMPLOYEES WHEREAS, the 1991 State Legislature approved an early retirement incentive package for Public Employees; and WHEREAS, all Public Employees Retirement Association (P.E.R.A.) pension members who are age 55 and have completed 25 years of service may retire early; and WHEREAS, this is a voluntary act for the City of St. Anthony; therefore, a non-precedence resolution; and WHEREAS, this resolution is subject to change if the State Legislature modifies the requirements for early retirement; and WHEREAS, to qualify the employee must retire between July 1, 1991 and October 1, 1991. •' NOW, THEREFORE, BE IT RESOLVED, that 1) the City of St. Anthony will provide post-retirement Single Health Coverage for all P.E.R.A. Basic and Coordinated Members who are age 55 and have completed 25 years of public service until such employee reaches their 65th birthday; and 2) the City Council of the City of St. Anthony supports all active City Employees who desire early retirement between July 1, 1991 and October 1, 1991, subject to all P.E.R.A. requirements. Adopted this 3 day of_! i.CSfi , 1991. Mayor ATTEST: ` _ 4 City Clerk • Reviewed for administration: City Manager �7 -7 NED GAA E QD CUSTOM HOME8 1814 NORTHDALE BLVD. COON RAPIDS,MN 55448 (612)757-2926 FAX 757-0649 March 14, 1996 Attn: Kim City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Enclosed is the application for a variance on lots 8 and 10 of the Village Commons. 3925-8 and 3925-10 Fordham Drive. Our land surveyor just informed us that the hearth room could not be included as part of • the home on lots 8 and 10. Unfortunately since this is a major part of the home, we feel it would be difficult if not impossible to'sell these homes without the hearth room. The hearth room is a 14 x 12 room that has a gas fireplace with built in cabinetry surrounding it, including a built in tv cabinet above the fireplace. This room is like a family room/sitting room area. Without the hearth room there is only one living area, that being the living room and there would be no area for the fireplace. Therefore, a variance on lots 8 and 10 is being requested, these are two of the nicest lots we have and not including the hearth room would make these lots difficult if not impossible to sell. We have included this hearth room as part of the twinhome since we knew we would be building them, and to go back and tell people they can't be part of their home would definitely keep them from buying. Sincerely, Bruce A.Nedegaard President • A DIVISION OF NEDEGAARD CONSTRUCTION COMPANY, INC. 121 -G �.< LIC. NO. 0002068 I 7 . r i l0 O1 1 r • r COMMONS V I LLA GE m l =- - - - =---- -•^- - Z fn -- - I m c In 0 O OF LOT 7 5 89. 14 47 " W 380 . 94 m 2T. 16 cn 67.23 ,r, O Ln CV Lr)o � - - - EASEMENT-':' - 7 D_RA i NAGE �' AN U 1 L ! TY E • - 25 w o �s W to O� p ' ` O r h y i or G ' S �O D G -3 a 6LlVVl A ! D tun) . .... DRAINAGE • DRA I NAGE ANTILIT!36° 20 tip-w - EASEMEN ogg, 15 9f - - 'm °`_� 5 8Q'24. .. _� 76.05.30 A /. ....! .... MAR-26-1996 12:03 NEDEGAARD CUSTOM HOMES 612 757 0649 P.--- '-- -79 .--- '-- -79 o pniG�1QD CUSTOM HOME(?)ORTHDALEBLVD. COON RAPIDS,MN 55448 (612)757-2926 FAX 757-0649 March 19, 1996 Kim Sikes City of St. Anthony 3301 Silver Lake Road St, Anthony, MN Dear Kim, Nedegaard Construction is requesting a variance on Outlot C of the Village Commons. Originally it was agreed that we receive part of Schroeder's property and in turn he was to receive part of Outlot D however,he has decided to remodel his home and is no longer • willing to give the portion needed to build a residential home on Outlot C. Currently the lot is 67.51 feet instead of 75 feet. If we do not get a variance a home can't be built on this lot. Sincerely, AAr4 Bruce A.Nedegaard President • A DIVISION OF NEDEGAARD CONSTRUCTION COMPANY,iNC. LIG NO.0002068 �aa .ear.a OrrOW�.r. • M 1 '1 �...:� ! - 1..... 01 M W S 00" 19 ' 39 " E S 00° I9 ' 39 " E 67 SI 6 57.00 35. 0' . 32.51 57.00 ; 124.51 75.00 z z r' U) m a ZOO OD Ul 0 Z Z —1 C Fn _ �• 3 y O V v C 2 to p 3 o m � rn O m m ........ fo m a z U) ........ Lo . Qo j, Q O O U) • o Q -n U,Ota m` tD0Q.., a' v X00° 9 ' 39 ti .....: 2 2 . 00 g� 'E - 32.s1 .-.-57 . 00 .... 57.51 1 ..... 57.00 2 00 ....... 77.02 'N — O d N Ln ��a - • z = � 19 39 E 40 ICSH .� ••.. 'o CDD Q, �T 1:6RA I NAGE ANDZ UT I L 1 TY !EASEMENT ��' m(z m 41 -90 63. 10: m DOD y N N •,, > rn to to o, U1 Ul coomy tv N rcl IV ILA I h3 Cb 03, tLJ D r ^ , , �e • e o 'O • zI 1 V �5 Sy H ° D 9.72 30.58• sa �+i 3813 Chandler Drive N.E. T ACW Minneapolis, MN 55421 • 612/788-2331 PMrY ING9 INC. Fax: 612/788-5046 March 27, 1996 To: City of St. Anthony City Council 3301 33rd Avenue N.E. St. Anthony, IVL1 55.118 From: Timothy Mezzenga, President Tracy Printing, Inc. Subject: Acquisition of City Owned Property To Expand Tracy Printing Production Facilities Dear Sirs: Since 1971, Tracy Printing and its principals have been active participants in the quality of life in St. Anthony. Tracy Printing, over the past 25 years of its existence has gro«n from a four person operation in 1971 to a twenty-five person operation in 1996. Throughout these 25 years, Tracy's customer base has continued to grow by • performing quality work at a fair price. With the increased customer base, this organization has needed to expand: Phase I, 1991: Acquisition of all property at 3813 Chandler Drive. (From body shop to Production Area. Phase II, 1995: Enhancement of existing facilities to make present facility more productive, loading docks and warehouse space for raw materials. Phase III, 1997: Expand existing production area by building a 35' x 130' single story, block construction, adjacent to north side of City Maintenance compound. 1,-n or lei-for Tracy Printing to implement the final phase of its expansion; it is requesting the City of St. Anthony to sell a parcel of non-revenue land 25' x 220'. The land in question; resides between the south side of Tracy Printing and the north side of the City- owned maintenance compound. Additionally, if the city will sell the land at a fair price, Tracy would also require a zero-lot land variance to build the aforementioned expansion. Tracy Printing is looking for no other support from the City. It will seek its own financing through conventional means. We must expand our current facility. We have explored a second story to existing facilities but the cost is prohibitive. Our only option to continue servicing our customers from this location is the addition of Phase III. Please consider this request to enhance St. Anthony's commercial property base and permit Tracy Printing its growth. Please see attached preliminary drawing. • P,cMt Timothy Nlezzen;a President Tracy Printing, Inc. 1996 QDDUMON 0 TRACY PMN-NNG. ' ST. ANTHONY, MN � 0 0 L07 t BLOCK X. HAPPY'8 AD MDK RAY6£Y ")IJKT-Y, YN / 0 / �41 6 EAist•�ny Existi" i K ��' �v► Prop aSte d Add:fito.v xrt rc ro �Y3 • MEMORANDUM DATE: March 21, 1996 TO: Michael Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Gas Tanks The following is a summary and explanation of a proposal that Larry received from Zahl Equipment Co. detailing what it will cost to remove and replace the current gas tanks. Larry is suggesting that the City contract only for the removal of all four tanks and the replacement of the two larger ones. The City will be responsible for removing the asphalt and concrete that surrounds the tanks provided that the area has not been contaminated. Should there be any contaminated soil, Zahl will remove it for an additional $70.00/cubic yard. Larry indicated that the probes that are installed by the gas tanks do not show any contamination present. • Given the options of replacing the tanks or purchasing fuel at local gas stations, Larry is recommending that the City replace the tanks. He feels it is more cost effective for several reasons: 1. All City departments use the gas and diesel provided on site. Fire Police Public Works 2. Gas stations with competitive prices are not always open 24 hours/day every day. This issue is especially important for the Police Department. 3. Staff time will be needed constantly to check prices and change contracts with gas stations to keep up with the fluctuating prices. Staff time will also be needed to distribute memos to affected City departments. 4. Staff time in driving to gas stations. According to the article from the LMC, the present gas tanks have to be removed by the end of 1998. When I called LMC/Berkley Risk to find out the exact date, they indicated that the EPA has set a deadline of January 1, 1999. But, that may change because there are discussions going on at that agency to move that date up. d Page 2 • Larry suggested that the new gas tanks can be budgeted for over the next two years so that the City can pay for their replacement and installation. He feels whatever monies are not spent for gas/diesel in budget years 1996 and 1997 can also be put back into this fund to defray the cost as well. Zahl Equipment's proposal is as follows: $59,805 1. Removal only of all tanks, backfill with clean fill and compact. Dispose of P P tanks property. 2. Install single-wall steel tanks with double-wall fiberglass piping. (30 year warranty. In addition, they will furnish material and/or labor in accordance with specifications and estimates, that include: 3. Obtain permits, notify the MPCA and Gopher One; demolition asphalt and concrete over the tanks; haul out rubble and debris; excavate purge with p g • CO2, remove one 12,000, one 6,000, one 4,000 and one 1,000 gallon steel tanks and dispose of them properly. 4. Backfill-the-6;000 and-the-1,000 gallon-tank basins-with-clean-fill-an compact; continue excavation to provide and set one 12,000 gallon and one 6,000 gallon tanks; air test and backfill with clean sand and compact. 5. Provide and install fiberglass product and vent piping over to the existing island and pumps. The City will provide and install concrete overfill/overspill protection pads and pour 6" concrete pads over tanks. 6. Tie into electrical at the edge of building and installing new conduit/wiring for tank monitor probes and pumps. Perform precision testing on tanks and lines. 7. Start up the monitor system and pumps; calibrate. Jim Larson of Zahl Equipment advised that the above quoted figure is for budgeting purposes only. To be on the safe side in determining true cost, he said the City should be looking at a figure that is closer to $69,000 so that increases in the cost of the tanks or labor costs can be anticipated. • . g5 • Larry also indicated that he would like the City to consider installing a computerized system whereby the employee uses a card key to access the gas tanks. In this way, the employee would not need a key to get gas and the City would have a computerized log of the amount of gas taken and by whom. Currently, the user has to fill out a gas sheet, which is frequently filled out incorrectly, i.e. amount of gas/diesel taken. Attached are copies of the invoices from McQueen Equipment for gasoline and diesel for years 1995 and 1994 indicating the amount of gasoline and diesel that the City has purchased from them. In 1995, the City purchased approximately 30,943 gallons of gasoline. The average amount that the City paid per gallon was $.67; the City paid approximately $20,732 (30,943 gallons x $.67 = $20,732). Currently, (3/96) the City is paying $.85/gallon for gasoline and as you can see from the 1995 and 1994 invoices, these prices tend to fluctuate throughout the year. For that reason, I averaged the cost per gallon and used that figure in my computations. I also called a local service station to inquire if they have a commercial rate or give a fleet discount to businesses and if so, what is the rate. He told me that most gas stations in the area are not giving any kind of a discount because they are charged only cents less than • what they actually charge their regular customers. (I only checked locally because it would be difficult and inefficient for Police or Fire personnel to travel to another city for fuel.) I asked what the current price per gallon was and he said that they raised them today to $1.23/gallon for regular unleaded. So that computation looks likes this if the City went to local service stations for gasoline: a. 30,943 gallons/year x $1.23/gallon = $38,060. The difference between providing fuel on site and purchasing it from the gas station is $17,328. b. Using these estimated figures, we can figure out how long it would take for the new fuel tanks to pay for themselves: New Fuel Tanks (30 years warranty): $69,000 Difference in Gas Costs to the City: $17,328 Years to Payoff: ($69,000 - $17,328 = 3.98) 3.98 years I am assuming similar savings for diesel fuel. • City of SAnthony Goal Setting Retreat March 8 & 9 1996 ANNA MARAVEIAS, M.A., UCENSEd PSyckoloCIST 489 HARRI ET AVE, ShoREviEw, MN 5 5126, (612) 481-8 5 5 3 87 What to Preserve: How the Council/Staff Works Well Together Council members have lots of previous experience in City Lots of business experience on Council Yearly meetings Personal relationships are strong--openness to express true feelings Sound financial planning and policy Efficiency is not penalized--not expected to spend all in budget each year Common, visible, spoken concern for C of SA, which is elevated about self- interest of individual or group person represents Hiring practices which consider ability to "fit" into Council/Staff culture Role model (walk the talk) our commitment to City Clear support, availability, tolerant attitude toward honest mistakes Inclusion, sharing of information, budget Schedule maximum opportunity for staff development Allow staff to be visible and responsible Minimal blaming--bad guys are outside this group Open door throughout Council and Staff Informality, status differences are suppressed Council has reasonable expectations of what's needed in projects--ok to pause and study an issue before proceeding Staff is given reign to operate with clear mission--serve the City Long length of service Interdependence of services is heightened, emphasized Future oriented Economic strength--prudent Self-contained, autonomous Clear, strong, unqualified expectations of commitment to City 2 ANNA MARAVEIAS, M.A., UCENSEd PSyCNOIOriST 489 HA RRIE7 AVE, StiOREVIEW, MN 5 5126, (612) 481-8 5 5 3 88 Concerns and Goals : Process Major Areas from Interviews: Work sessions --new title? Identify and document processes Bench marking Resident complaints Succession planning Communications Philosophical vision Goals : I) Handling Resident Complaints Continue present process 1) Receive complaint 2) Direct complaint to proper dept 3) Respond to complaint 4) Resolution of complaint 5) Communicate outcome to City Manager who may communicate resolution to Council II) Document processes/ bench marking Each department will document (flow-chart) five key processes in their area this year Benchmark what three communities are doing about senior/youth activities Explore incentives other government bodies are using in economic development Benchmark (3?) government bodies which are known for entrepreneurial ventures III) Vision (Postponed for further development) Ideas included: More comprehensive media coverage; use of cable; Web-site, survey number of households with computers, on line; explore use of video; more emphasis on public relations. 3 ANNA MARAVEIAS, M.A., UCENSEd PSycholociST 489 HARRIET AVE, ShOREViEW, MN M26, (612) 481-8553 89 Concerns and Goals : Future • Major areas identified from interviews Economic development New residents Re-development Expansion of services to youth and seniors Large Group Discussion: Economic Develop speculative property Consider impact on whole, not parts--formal project--cost/benefit analysis Whole system versus small area or business Address existing business Community input--not just opposition--to development--use the input we already have Need more information on TIF • Put pressure on Chamber to spend pull tab money on director Mail out letter to new residents on staff/department managers Formalize development issue structure and policies, i.e., HRA Devote section of newsletter to new businesses Republish Chamber articles Explain TIF to new residents/staff Break even point with TIF New Residents: Check on legality of surveying Do it, collaborate with other agencies Visit new residents Conduct exit interviews Combine with school efforts to gain information Survey long-term residents Welcome Wagon--information, growth, improvements, include information on codes Update handbook 4 ANNA MARAVEIAS, M.A., LICENSEd PSyChOtOqiST 489 HARRi ET AvE, SNoREviEw, Mn 5 5126, (b 12) 481,8553 90 Expansion of services to Youth and Seniors Collect information and distribute on what's happening now Meet with coordinating body or task force Form youth and senior advisory group Explore police involvement--clearing house to soc. services Emphasize use of volunteers Recognize youth as an economic development issue Goals : Future 1) Decision to become involved in Senior Youth Services In 4-6 weeks, (4/26/96) CC get input from Community re senior and youth programs Collect census information ISD 282 Police data Shelly Freeman Plan based on information gathering Make list of involved agencies and information need to know Beginning May 7th presentations--representatives from agencies Q/A at work sessions By September/October begin discussion regarding Council action and involvement By October, 1996--Decision on whether C of SA should be involved and in what manner 5 ANNA MARAVEIAS, M.A., UCENSEd PSY6010qIST 489 HARRIET AVE ShOREVIEW MN 5 5126, (612) 481-8553 `1 I 2) Redevelopment City-wide survey--need? a) Youth Program Senior Programs... Info from goal process b) New residents--why here? What expectations? c) Current residents I. May 28, 1996 Determine need City School District II. If need determined, then develop plan ANNA MARAVEIAS, M.A., LICENSEd PSyCkOiNiST 489 HARRIET AVE, SIIOREVIEW, MN 5 5126, (612) 481-8553 G� Z Concerns and Goals : Operational Major Areas from Interviews: Re-develop blighted property Development of commercial property Better system hardware Roads and water mains Public relations--out reach Focus on common needs of community Revisit 1994 policy on council-staff communications Redesign budget process Beautification of eye-sore property Succession planning of Dept Heads Set reasonable goals for liquor More conversation from other council members Need to be open--always listen Large Group Discussion: Operational Revisit housing maintenance code--rewrite if necessary, enforce Communicate progress on eye-sores to residents Task force to address communication and public input into goal setting Planing medians--expand? Gateway entrances New building landscaping--band shell--proposal Spring clean up day--youth Sr. Volunteers to advocate for CDBG money for low income Landscape architect from U of M Intern Use newsletter to promote beautification needs--especially to civic groups Establish threshold for pain 10% of council efforts in enforcement, 90% in developing voluntary compliance and pride Before enforcement--mediation 7 '1 ANNA MARAVEIAS, M.A., LICENSEd PSycholoCIST 489 HARRIET AVE ShOREVIEN/ MN 5 5126, (612) 481-8553 °( 3 Road project discussion Decision on cement roads Prioritize by worse sections of complaints or cost if not fixed Water first Planning comm. involvement Roll community involvement into plan Modify presentation Uniform policy--first year interest Convenience to resident Every other year? Money, impact on staff Coordinate all digging with Minnegasco Protect general fund Council/staff communications--Newsletter Explore in house capability to publish newsletter Consider information needs--lots of redevelopment now--justify six issues? Frequency should be driven by need Newsletter and updating on video Best PR • Sister city Staff newsletter-interest or need? Staff biannual, informal Council-staff meeting--not in chambers--as needed New slettter--rep ed ton --variety of ways to communicate key issues One article per dept Commitment to planning meeting/Fall recap meeting--Jt. Council/Staff Informal dept. head council meeting/budget, planning Goals : Operational 1) Roads A) Revisit Issues/remodeling a. when to restart b. Sequence of projects c. Financial B) Fall of 1996 . ANNA MARAVEIAS, M.A., LICENSEd PSyChOlOCiIST 489 HARRI Er AVE, SNOREVIEW, MN 55126, (612) 481-8553 94- 2) Communications (July 1) A) Six newsletters B) Video's C) Budget Planning Meeting 3) Beautification: (June 1st) A) Empower planning comm. to create beautification task force a. review 8 - 10 parcels g ANNA MARAVEIAS, M.A., UCENSEd PSycholoriST 489 HARRIET AvE, SkOREviEw, MN 55126, (612) 481-8553 MEMORANDUM DATE: March 22, 1996 TO: Michael Morrison, City Manager FROM: Kim Moore-Sykes, Management Assistant ITEM: Meeting with MPCA re: Schnitzer Clean-up Matter This morning, Mark Kastor of Dorsey & Whitney met with several officials of the MPCA to discuss the possibility of moving St. Anthony to the de minimis group. Mark's primary argument was that the City of St. Anthony could not have possibly generated 5,116 pounds of batteries in a four year period because the City simply did not have the vehicles to support that generation figure. He went on to say that the batteries were probably as the result of St. Anthony's early recycling efforts. His letter to the MPCA is attached for your information. The MPCA said that the guidelines to determine who gets placed in what group is not based on generation or how it was generated, but on what was taken to Schnitzer. Since the weight tickets show St. Anthony responsible for 5,116 pounds of batteries, we will continue to be considered an RP — according to the "process" that is in place. They suggested that we have options because St. Anthony is part of the RP Group and maybe we should take our case to them. In other words, they are not willing to make an exception in our case, because ". . . a line has to be drawn somewhere." One of the MPCA officials suggested to me that if the City does not like how the Superfund legislation handles matters such as this, they should lobby their legislators. i DORSEY & WHITNEY LLP i MINNkAPULIS PILIMHURY CENTER SOUTH NEW RAi( WASHINGTON.P.0• 220 SOUTH SIXTH STREET 1,�IiVl3Pl LONLION MINNF.AP01.IA, MINNESOTA 33402-1498 ynfinLiz HMU.rNre_s TELEPHONE: (612) 340-26OU I<I,Nn KONG. FAX: (612) 340-2868 DES MOINES uli.itlJi:3 RUCHF*TeA 1{lI1SOULA L:LISTA MESA GREAT FAL6 March 21, 1996 Mr. Dale Trippler Project Manager Minnesota Pollution Control Agency PREPARED FOR PURPOSES OF 520 Lafayette Road SETTLEMENT DISCUSSIONS St. Paul, Minnesota 55155 Re: Schnitzer Iron and Metal Site Dear Mr. Trippler: I am writing on behalf of the Village of Saint Anthony regarding the Schnitzer Iron and Metal Site. The Village received notice from the MPCA that it may be a potentially responsible party (PRP) for purposes of response actions which may be required to clean up contamination at the Schnitzer site. The MPCA has identified weigh ticket records for the period 1979 to 1983 suggesting that the Village sent 5,116 pounds of lead batteries for recycling to the Schnitzer site. The available records'indicate that the total amount of lead contributed by all PRPs for the same period was 329,012 pounds, although this number will change with the identification of additional PRPs. The Schnitzer site was in operation as a scrap metal processing facility from 1937 until 1983, but records of battefy shipments are apparently not available except for the period 1979 to 1983. The Schnitzer property was purchased by the University of Minnesota in 1987. Despite the escrow of significant funds when the property was acquired, no cleanup or response actions have been completed at the site. The MPCA has identified 23 parties who allegedly contributed in excess of one percent of the total known lead materials shipped to the site. Another 58 parties are considered de minimis, having contributed less than one percent of the total known lead to the site. An analysis of the PRP list indicates that a number of small municipalities, including the cities of Apple Valley, Centerville, North St. Paul, Shoreview and • White Bear Lake have been identified as de minimis parties. DORSEY & WHITNEY LLP Mr, Dale Trippler • March 21, 1996 Page 2 For the reasons set forth herein, the Village of Saint Anthony requests thie MPCA to redesignate the Village as a de minimis party. 1. The Village-did generate 5 11 E, pour ds of batteries, The Village of Saint Anthony is a city with few vehicles, machinery or equipment which would require lead battery replacement. Based on discussions with city officials, the city's vehicle usage in the late 1970s and early 1980s was limited to 3 staff cars, 3 police vehicles and 3 fire trucks. The city also had public works equipment including 4 single axle trucks, 4 pickup trucks, 2 vans, several lawn mowers, tractors and loading equipment. While there are no specific city vehicle usage records for the noted years, the described vehicles provide a good indication of the number of vehicles owned and operated by the city. Even assuming that all of the vehicles (estimated at 20) had battery replacement each and every year, which according to city public works officials would not be the case, and assuming that a battery weighs 25 pounds, in the worst case the city would generate less than 500 pounds of batteries per year. The worst case, however, is not representative of city activities since most vehicle batteries would require replacement only on a 2-3 year rotation. Therefore, during the 4 year period for which records exist at the Schnitzer site, the city would have generated relatively to few batteries from its own operations and not the 5,116 pounds allocated under the MPCA's PRP list. 2. The batteries allocated to the Villagesprobably came from household recycling. The city believes that most, if not all, of the batteries allocated to Saint Anthony at the Schnitzer site may have been accumulated from community/county recycling programs. The city was one of the first municipalities to encourage recycling beginning in the 1970s. The city also organized spring cleanup events and worked cooperatively with local civic groups such as the Girl Scouts, Lions, League of Women Voters, Jaycees and others. While the city did not maintain a record of the quantities or materials recycled, the city believes that batteries and metal products from recycling would account for the bulk of material identified in the Schnitzer records. We note that over 2,000 pounds of batteries attributed on weigh tickets to the city cover the period 1979-1980. This was the exact time frame when Dick's Sanitary Service, Inc./Brooklyn Recycling operated a drop-off recycling center for city residents. Historically, it has been the position of the MPCA that MERLA liability does not attach to the disposal of household materials. This would include batteries and • other similar materials generated from households that were accepted by the city for DORS EY & WHITNEY L L P • Mr. Dale Trippler March 21, 1996 Page 3 transport to a treatment or disposal facility. Minn. Stat. §1156.04, subd. 5. Infiead, the household trash exclusion has application for community recycling programs, especially where the community does not own or operate the recycling ori disposal facility. This is consistent with the state's waste management policy which encourages and prioritizes recycling ahead of other (e.g., landfilling) waste management practices. Minn. Stat. §115A.02. The assertion of MERLA liability, therefore, for a city's recycling program would undercut the state's waste management policy and would suggest to municipalities that recycling efforts, whether current or historic, could subject the city to significant environmental liability risks. We don't believe this is the intended result, but it is an outcome that follows from identifying the Village of Saint Anthony as a significant PRP in the Schnitzer matter. We believe this outcome should and can be avoided by recognizing that the city could not generate the assigned volume of batteries arid restating the allocation such that the city, if responsible at all, is identified as a de minimis party. 3. The MPCA database of PRPs at the Schnitzer site is acpitrari Y limlited. The MPCA has developed a database identifying the alleged significant sfid de minimis PRPs at the Schnitzer site. The database is extremely limited and excludes a large number of PRPs who utilized the Schnitzer site for scrap metal processing and other iron and metal work. The decision on which parties to include and which to exclude is without support. Moreover, the MPCA has limited the PRP list to the years 1979 to 1983, even though it is known that Schnitzer operated at the site for over 40 years. Further, the volumes of materials from which the significant and de minimis PRP categories have been determined is grossly understated. We know, for example, that by the mid 1970s, Schnitzer had 40 to 50 employees and operated a number of high volume mechanical shears and shredders to process materials. The volume of materials processed, therefore, greatly exceeds the 329,012 pounds identified in the MPCA's PRP list. The MPCA's threshold determinations arbitrarily Iimit the number of PRPs and increase the potential liability exposure for small parties, such as Saint Anthony Village. The Schnitzer PRP database should reflect all parties that sent materials for processing at the site, even if the specific materials or amounts are not specified. In this manner, reasonable judgments can be made and an allocation determined. For example, it is known that a number of car dealers sent vehicles to Schnitzer for scrap metal processing. Since the contamination at Schnitzer includes petroleum products, volatile organic compounds, PCBs and metals, it is appropriate to identify the car dealers as PRPs. Yet, only one car dealer is identified as a significant PRP • and this at a total poundage which is less than that ascribed to the Village of Saint Anthony. DOR-SEY & WHITNEY LLP Mr. Dale Trippler March 21, 1996 • Page 4 As the MPCA itself acknowledges, the current database skews the waste-in allocation. Certainly, If all of the pounds of materialsprocessed at the Schnizter site were included in the waste-in inventory, the Village of Saint Anthony would 13: a de minimis or de micromis party. This is the desired result and conforms to the agency's suggested de minimis and de micromis policy, where 'small parties can avoid the significant transaction costs associated with having to defend and participate in the extended superfund process. 4. The PRPs should not be asked to 12a,v for extensive cleanup at Schnittier. The MPCA was aware of contamination at the Schnitzer site since 1984 and the agency negotiated a cleanup agreement (consent order) with Schnitzer in June of 1987. The property was sold in 1987 and an escrow fund of$750,000 was established from the proceeds of the sale and from insurance to pay for the cleanup. The burden and risks of the cleanup, therefore, should properly fall on the owner and operator of the property. Aside from the statute of limitation considerations set otit in Minn. Stat. 115B.11, to the extent the cleanup costs are due to some new reiriedy needed to meet the current owners new use for the property, this burden would seem to rest with the owner of the property. To the extent the MPCA Is imposing a new cleanup requirement different from the 1987 consent agreement, it would seem appropriate for the state to pick up a share of the cleanup costs singe a significant amount of time and money has been utilized with no apparent remedy in place. Lastly, to the extent the total cleanup costs were underestimated at the time of the • 1987 sale due to a mistake of fact or unknown conditions, the excess costs might be appropriate for allocation among Schnitzer, the current owner, the insurance company and the PRPs, although any apportionment should reflect the factors set forth in Minn. Stat. 1156.08 and not simply a volumetric allocation based on a limited waste-in survey. 5. Request for Ad The Village of Saint Anthony requests that the MPCA redesignate Saint Anthony a de minimis or de micromis party on the Schnitzer PRP list. We believe the legal and equitable considerations outlined above provide a rationale basis for this determination and also provide a structure for negotiating a settlement. Nothing herein should be construed as an admission of liability, but rather as settlement negotiations not admissible under applicable rules of evidence. We look further to meeting with you on Friday to further the discussions on this matter. • DORSEY & WHITNEY LLP Mr. Dale Trippler March 21, 1996 Page 5 Thank you for your consideration. Very truly ydUft, Mark R. Koster MRK/aj cc: Kim Moore-Sykes William R. Soth, Esq. • continued use. It is unlawful for any person to remove or deface such a seal except under direction of the City. No person may use any machine or device on which a seal has been affixed under this Subsection. 500.13 Revocation or Suspension. If the Clerk or other City official responsible for enforcement determines that a licensee has failed to comply with the license or this Code, the Clerk will give the licensee written notice of the violation by mail or hand delivery to the address stated on the license application. If the licensee cannot be found, the notice may be posted on the licensed premises. The notice will require correction of the violation within a reasonable time as stated in the notice. If the violation is not corrected within the stated time, the license will automatically terminate unless a hearing is requested by the licensee by written notice mailed or delivered to the Clerk prior to expiration of the time period stated in the notice to the licensee. 500.14 Hearing. If a hearing is requested by a licensee in the manner required under Subsection 500.13, the Clerk will set a time for the hearing to be held not less than 10 days and not more than 20 days after the request. At the hearing, the Council will hear all testimony offered by the licensee, and inform the licensee of the basis for the notice of violation. After completion of the hearing, the Council will determine whether to suspend, terminate or continue the license. Section 505 — AMUSEMENT DEVICES • 505.01 Definition. "Amusement device" means an electrical or mechanical machine for which a fee is charged to be used by the public as a game of skill, amusement or play. Amusement devices include but are not limited to shuffle boards; pinball machines; amusement machines patterned after baseball, basketball, hockey, bowling, tennis or other games; electric rifle or gun ranges; road racing or driving games; billiard, pool and table tennis tables; and coin—operated rides designed for use by small 91B Section 505.02 Limited Number of Licenses. No more th�icenses for Amusement Devices, as defi in Section 510.05, shall exist in the City at any one given time. Not more th I5 1 enses will be issued for any one establishment. If application is made fora cense which if issued would cause the number of Amusement Device licenses to exceed the maximum, the Council shall table action on the license and shall consider it only when issuance of the license would not be in excess of the maximum number specified in this Section. .03 Issue to erator. A license for Amusement Devices shall be issued only to the perso or business entity which directly operates the business establishment in which the Amusement Devices are used. Revised 12/8/93 5-4 �1 CITY OF ST. ANTHONY 2 CITY COUNCIL WORK SESSION MINUTES 3 March 6, 1995 4 7:00 P.M. 5 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 6 The meeting was called to order at 7:00 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 Faust. 10 Councilmembers Absent: None. 11 Also present: Michael Mornson, City Manager and Kim Moore-Sykes, 12 Management Assistant. 13 III. STORMWATER MANAGEMENT PLAN - DENNIS PALMER, BARR ENG. 14 Mr. Palmer reviewed the 1992 Barr report that was submitted at that time regarding 15 the stormwater run-off issues of District 6. There was discussion about what can be 16 done. Palmer agreed to provide information on a preliminary estimate of the scope 17 of work and a model of what $1.5 million would provide in flood protection. 0 IV. NO PARKING REQUEST FOR PENROD LANE. 19 The City Manager reported on the letter he received from residents on Penrod and 20 Edgemere requesting that the East side of Penrod Lane and Edgemere to 37th 21 Avenue NE be posted as "No Parking." The residents stated that there are two - 22 three cars parked along this roadway all day making it difficult and dangerous for 23 local traffic and children. The Council asked that a letter be sent to residents along 24 this roadway asking them to attend the March 26th Council Meeting to discuss the 25 issue. 26 V. TURN BACK ON SILVER LANE. 27 The City Manager reported that Silver Lane can not be turned back until the road 28 has been upgraded by Ramsey County. It is estimated that this upgraded road will 29 last 20 - 25 years. MSA funds have been applied for and the Council will need to 30 approve the resolution. 31 VI. UPGRADE OF WATER MAIN ON SILVER LAKE TERRACE. 32 The City Manager reported on the status of the water main breaks at Silver Terrace. 33 The Council directed that the Public Works Director do whatever he has to do to 34 fix the water main in that area. 35 VII. TRAFFIC STRIPING FOR PROPOSED SIGNAL AT 39TH/STINSON BLVD. The City Manager reported on the letter received from the City of Columbia 1 Heights regarding the various striping configurations for the proposed signal. One 2 option shows the striping going between Stinson Blvd. and Silver Lane, creating the 3 effect of traffic being funnelled to Silver Lane. The Council directed the City 4 Manager to propose that the striping for the turn lane transition at the Apache 5 Medical Bldg. 6 VIII. REVIEW REQUEST FOR SEWER INSERT ON 36TH/STINSON BLVD. 7 The Council was given information regarding the Insituform process and product 8 for the sanitary sewer at 36th/Stinson Blvd. The Council directed the Public 9 Works Director to do the project. 10 IX. APACHE PLAZA UPDATE. 11 The City Manager reported that the closing is scheduled for April 14. A public 12 hearing will be required to take New Market out of the TIF district. The March 13 26th Council meeting will have a public hearing for the vacation of another 14 easement that was located during a title review. 15 X. CHANDLER PLACE UPDATE. 16 A resolution will be prepared for the Council's consideration at the March 12th 17 meeting. 18 19 XI. CITY HALL/COMMUNITY CENTER UPDATE. 20 The City Manager confirmed the initials of the Councilmembers for the plaque. 21 The City Manager reported that the gymnasium will not have a center curtain. The 22 City Council directed that current use by Community Services will not be charged 23 in the new facility. Any new uses may be subject to an additional charge. The 24 City Manager reported that the City will begin reserving space this fall so as to 25 correspond to the school year calendar. 26 XII. POSSIBLE AMENDMENTS TO TIF PLAN. 27 The City Council and the City Manager reviewed the TIF plan for possible 28 amendments. 29 XIII. MINNESOTA POLICE RECRUITMENT SYSTEM RESOLUTION. 30 A resolution will be prepared for the Council's consideration at the March 12 31 Council meeting. 32 XIV. 1996 CDBG FUND ALLOCATION. 33 A resolution will be prepared for the Council's consideration at the March 12 34 Council meeting. The City Manager reported that these figures may be subject to 35 change as the federal government has not determined the allocation amount. 36 XV. PROPOSED VOLUNTEER DINNER LIST/PROCLAMATION. 37 The volunteer dinner was rescheduled to April 30. The City's Volunteer 38 Recognition Week proclamation will be at the April 4 Council meeting. I XVI. OTHER BUSINESS. 102 A. City Manager Conferences. The City Manager provided dates of various 3 conferences he will be attending. He provided a schedule of conferences that 4 the Council can attend. The June 11 Council meeting will be rescheduled for 5 June 10 because of the League of Minnesota Cities/Association of 6 Metropolitan Municipalities Conference. 7 B. Police Car Bids. The City Manager reported that the bids for the police cars 8 came in $2,200 higher than anticipated. 9 C. Joint Meeting with School District. The City Manager reported that the full 10 Council and the School Board will be meeting on March 19. 11 D. Letter Regarding Code Violations. The City Manager reported that a 12 contractor has been selected to finish construction. The Staff will continue 13 to monitor the situation. 14 E. Cable Commission Meeting. The City Manager reported on issues discussed. 15 Cities are beginning to put together telecommunication ordinances. 16 F. Nedegaard - Schroeder. Mr. Schroeder has made an arrangement with 17 Nedegaard Construction to purchase a piece of property adjacent to his 018 property. 19 G. Zack - Tollefson. The City Manager provided an update to the City 20 Council. 21 H. Aerial Photos. Ramsey County is doing aerial photos this summer. 22 I. Bowling AlleX. The City Manager reported that the bowling alley in 23 Apache Plaza is closing on April 30. 24 J. Excess Equipment. The City Manager reported that the City has 25 accumulated excess equipment. He will provide a list to the City Council. 26 K. Property Tax Legislation. The City Manager reported on the proposed 27 property tax legislation. 28 XVII. ADJOURNMENT. 29 The worksession adjourned at 9:45 P.M. 30 Respectfully submitted, 31 Kim Moore-Sykes, *2 Management Assistant