HomeMy WebLinkAboutCC PACKET 01051999 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII
106461
Box: 37
Folder: CC PACKETS 1999
Document: CC PACKET 01051999
CITY OF ST. ANTHONY
CITY COUNCIL WORK SESSION
Januat* 5, 1999
7:,00 PM
Council Chambers
PAGES)
S
I. CALL TO ORDER.
II. ROLL CALL.
III. RICHARD KRIER, OF RLK, WILL REPORT ON THE
NOVEMBER 5, 1998 MEETING REGARDING THE
ST. ANTHONY SHOPPING CENTER . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 9
IV. UPDATE ON FLOOD MITIGATION PROJECTS BY
WSB & ASSOCIATES, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 12
V. CONTRACT WITH WSB & ASSOCIATES, INC. . . . . . . . . . . . . . . . 13 - 27
VI. REVIEW 1999 STREET IMPROVEMENT RESOLUTIONS . . . . . . . . . 28 - 31
VII. REVIEW STORM WATER ORDINANCE . . . . . . . . . . . . . . . . . . . . 32 - 44
VIII. ACTION REQUEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 - 48
IX. UPDATE ON THE WATER QUALITY TASK FORCE . . . . . . . . . . . . 49 - 52
X. REPORT ON STATUS OF TAX INCREMENT FINANCING . . . . . . . . 53 - 58
XI. REMINDER OF GOAL SETTING RETREAT (January 22-
23, 1999).
XII. HOUSEKEEPING RESOLUTIONS (99-001 to 99-012) . . . . . . . . . . . 59 - 72
XIII. LIST OF FUTURE AGENDA ITEMS . . . . . . . . . . . . . . . . . . . . . . . 73 - 75
XIV. OTHER BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
XV. ADJOURNMENT.
III. RICHARD KRIER, OF RLK, WILL REPORT ON
THE NOVEMBER 5, 1998 MEETING REGARDING
THE ST. ANTHONY SHOPPING CENTER.
l i -
pm&� Engineering • Planning Surveying Landscape Architecture
KUUSISTO LTD
�11969
December 15, 1998
Commissioners
St. Anthony Housing and Redevelopment Authority
3301 Silver Lake Road
St. Anthony, MN 55418-1699
RE: St.Anthony Shopping Center
Dear Commissioners:
In early November, most of you participated in a St. Anthony Shopping Center Strategy
Workshop.
The workshop brought together about 40 participants including business owners, property
owners, planning commissioners and many of you. The strategic workshop goals were:
• Develop a realistic use of the Krause Anderson Property;
• Strategically position the St. Anthony Shopping Center in light of the recently opened
"Quarry";
• Create a financing strategy for shopping center improvements.
In preparation to the strategy workshop, I interviewed a number of businesses, obtained
economic data and analized that data. The results of the interviews and the economic
analysis are attached to this letter. I have also"attached a list of the issues and
opportunities as well as the various strategic visions developed by the workshop
participants. One of the attachments discusses market enhancement strategies'which is a
starting point to developing a strategic marketing plan for the shopping center.- As the
result of the workshop, I have completed a very rough concept drawing which can be
used to better understand the"-factor conditions" to the market enhancement strategies.
Offices. Hibbing • Minnetonka St.Paul Twin Ports
(612)933-0972 • 6110 Blue Circle Drive • Suite 100 • Minnetonka,MN 55343 • FAX(612)933-1153
December 15, 1998
Page 2
At the workshop we reviewed the economic data and concluded:
• The recently opened"Quarry", a regional shopping center has had a negative affect
on St. Anthony Shopping Center;
• There is growth in the market place to capture approximately $1,000,000 in new retail
sales annually
• Capturing this new retail growth can be accomplished by 1.) identifying market
niches, and 2.) market deferential products and services;
• To use the"Quarry" as work engine to expand the St. Anthony Shopping Center,
market trade area.
We also reviewed the issues and opportunities that were identified from the business
interviews. Although important,these issues and the other issues identified at the
workshop are manageable.
Working with the participants the following strategies were identified:
• The Krause Anderson property with or without the building should:
• Be included in an integrated unique shopping environment with its
primary use and design emphasizing the shopping center strategies-,
• Consider using only the property and eliminating the building;
• Consider using the building and renovating it;
• Attract high visibility anchor tenant or tenants;
• The tenant and the St. Anthony Shopping Center should attract
customers drawn to the area by the "Quarry". This will increase
market share of the trade area coming to the St. Anthony Shopping
Center.
• The St. Anthony Shopping Center can be strategically positioned by:
• Creating a quaint unique village center with an ethnic theme;
• Concentrate on friendly service, market service oriented businesses;
• Create new curb/green space appeal for all seasons-,
• Create an active festive center with several festivals per year-,
• Concentrate on a food and home improvement orientation.
• Sources to finance center improvements:
• Special assessments to the property benefited: The cost of the
assessments is reduced if the City and proposed new development
participate. The City can reduce the interest rate by using tax exempt
revenue bonds. New development of the city liquor store property and
Krause Anderson property can absorb some of the costs
• Tax increment financing redevelopment project: -
• Create higher intensity land use above a new building on the
Kraus Anderson property and capture this increment for
building incentives and public improvements.
3
December 15,1998
Page 3
• . Drastically improve the land use intensity on the city owned
property and capture this increment for building incentives and
public improvements.
• Improve the value of the St. Anthony Shopping Center by a
creating a village center,shopping approach.
• Use existing increment to improve the street scape on Kenzie
Terrace.
Sincerely
RLK-Kuusisto,Ltd.
Richard Krier, AICP
Enclosure:
St. -Anthony Shopping Center
Market-Enhancement Strategies
�RLK
KUUSISTO LTD
DECEMBEP, 1998
` 5
St. Anthony Shopping Center
Overall Market Enhancement Strategies
Market enhancement strategies specifically address the strategies for the St. Anthony
Shopping Center business area. Particular attention is paid to creating a proactive, market-
driven strategy. Market driven strategies relate to what Michael Porter has referred to as
"competitive advantages."' The competitive advantage principles used in this analysis are:
• For a business to successfully expand, upgrade, and innovate, there must be a
competitive advantage.
• Businesses that do not innovate and grow will not survive in a competitive
environment.
The competitive advantage, according to Porter, has four primary"dynamic determinants."
These determinants are listed as follows:
• Factor conditions
• Home demand
• Related and supporting businesses
• Firm strategy, structure, and rivalry
In addition, government has a role in providing an environment that allows growth and
innovation to occur. Government's role includes strong, but reasonable and consistent
standards, and infrastructure.
Competitiveness is dynamic it is always changing and each of the determinants interact
with and are responsive to each of the other determinants. It can be said that each
determinate supports growth and innovation. The following is a brief description of the
dynamic determinants:
Factor conditions include specialized labor force; location; special or unique
infrastructure; housing; and even disadvantages that cause innovation to overcome these
disadvantages.
Home demands are customers, suppliers and related businesses who push companies to
innovate, upgrade and develop to a higher level. Environmental, building and safety
requirements are also considered home demands because reasonable, consistent standards
cause businesses to innovate in order to achieve the standards. This push to innovate may
be in the form of unique niche businesses, such as specialized home improvement services
that are not reasonably available elsewhere. Local customers, including businesses, who
demand quality products at a reasonable price, create home demand.
Competitive Advantage offations,1990
2
' l
Related and supporting*businesses push innovation and cross product fertilization,
causing innovation in other businesses. The competition among local suppliers creates a
high quality, supportive business infrastructure. Retailers who use there suppliers as a
source of innovation create opportunities for growth.
Business strategy, structure and rivalry creates positioning and motivation to compete.
This factor is generated at the local level in the center or by the competing centers. Intense
local rivalry among related businesses spurs innovation. Rarely are areas competitive in a
particular business, but in-related clusters of business. .These clusters are linked together
through location, customers, suppliers, and other relationships. Given"the opportunity,'a
cluster will geographically concentrate.
St. Anthony Shopping Center Competitive Advantages
The following are some strategies recommended to improve the competitive advantage of
the St. Anthony Shopping Center:
• Factor Conditions Strategies:
- Infrastructure improvements:
- Improve both vehicle and pedestrian access from Kenzie Boulevard and
Highway 88,
- Improve pedestrian and vehicle flow in the center;
- Improve streetscapes leading to center;
- Improve center identity;
- Resolve storm water issue by creating pond immunity in the center-,
- Create a"village greed' in the center as part of the pond;
- Develop environmental enhancements in the center and relate to all season
"village greed' concept, for example a winter garden;
Develop rehabilitation design standards and incentives which will transform the
center from the"suburban' look to a unique"small town' look, for example, a
New England village look or a southern European look.
Develop a sign program that is complementary to the overall village green
design standards.
Ether remove and rebuild or rehabilitate KA building and bring it into the
center by expanding the retail frontage to connect it tothe rest of the center.
• Home Demand Strategies
- Create an identity as a quality, active shopping,civic place;
- Insist on retail mix with high quality service oriented specialization;
- Create joint advertising program that includes all of Quarry trade area to
capture spin off from this regional shopping center-,
- Create festivals for each season that identify this center as the village center or
village green, of a unique small town in the urban area;
- Develop a cultural program that centers on the"village green', helps identify
the shopping center as the unique small town down town;
- Build on ethnicity of Northeast in terms of additional food activities in the
center;
3
Change the liquior store site to office building use and use the liquor store as
part of shopping center anchor;
Create office building use above new building on KA site;
Center city cultural events to the"Village Green", for example art and music on
the Green, Shakespeare on the Green, Ice Sculpture on the Green (frozen).
• Rivalry/Supportinz and Related Businesses Strategies
- Move the municipal liquor store to a storefront in the center and orient it to an
ethnic appeal, for example wines and beer from central Europe;
- Recruit ethnic food businesses for the center;
Use the Quarry's competitive rivalry to increase the trade area and draw more
people to the St. Anthony Shopping Center;
- Recruit more home improvement oriented business to the center and relate
home improvement to service as added value activities.
St. Anthony Shopping Center
Issues and Opportunities
The following issues were identified by the businesses during the interview session in October
and were expanded on at the November strategy workshop. Also at the November session the
participants identified several opportunities.
Issues:
• Declining Sales (some businesses)
• Look and Function of the Shopping Center
• Empty
• Old
• Uninviting
• Signage
• Lack of Green Space
• Accessibility
• Visibility
• Connectives to the Community
• Identity
• Parking
• Empty Store Fronts
• 4 vacant store fronts
• KA building vacant
• Retail Mass
• Retail Mix
• Crime
• New Competition
4
0 '
• Storm water retention
Opportunities:
• Older homes in the trade area require unique services
and products
• User friendly personnel
• Higher income community
• Unique specialty shopping center
• Good access to Highway 88
• New Quarry Center expands the trade area
• Ethnic neighborhoods
• Increasing trade area income
5
f i
Strategic Visions
The following were possible visions developed by the November Strategic Workshop
participants:
St. Anthony Shopping Center can strategically position itself in the competitive market
place by:
• Becoming a quaint, unique, special center with an ethnic theme;
• Being friendly service oriented;
• Having both curb appeal and green appeal in all seasons;
• Being an active center;
• Creating a food orientation;
• Upgrade using quaint landscaping;
• Being a charming, quaint. service oriented center;
• Promoting small town character/village center/pedestrian friendly area;
• The Center needs a face lift including cleaning, signage, special look;
• We need larger shops and a separate building look;
• We need to create an image hook/theme of center/marketing hook e.g. water, fountains
and paths;
• We should be an ethnic Center—based on restaurants and small shops;
• We are a service center/small personal service neighborhood center known for quality,
we should build on this;
• We should structure the retail mix around restaurants and home improvement;
• We can be a convenient neighborhood center/complementary to the regional center;
• The center needs bigger things to draw customers, e.g.:
1.) Service
2.) Home improvement
3.) Quaint restaurant with liquor
4.) Green space gathering places
• We need to establish ourselves as the community cultural center;
• We should concentrate on specialty foods;
• We need to be known as the down home quaint center;
• We need winter enclosed pedestrian access;
• We need improved infrastructure and streetscapes improvements;
• We could use more drive-up facilities.
6
IV. UPDATE ON FLOOD MITIGATION PROJECTS
BY WSB & ASSOCIATES, INC.
PEC-23-1998 17:34 WSB & ASSOCIATES INC. 6125411700 P.E --
B.A.HtWXW
350 Westwood Lake Office Bmt A.Vd - ,2.
8441 Wayzata Boulevard Pear R.Mp=bri -. . .
Minneapolis, MN 55426 DdnawT.stoeH�,�.
612-541-4800
°VAseciates,Inc. FAX 541-1700
�6O&A
TO; Honorable Mayor, Council and Coy Stgff
City of St. Anthony
From; Todd E. Hubmer, P.E. I�
iWSB & Associates, Inc.
I141e; December$3, 1998
Be; Status Report of Flood Mitigation Projects
City of St.Anthony
WSH Prof ect No. 1065.0"
Plaasa find outlined below a list of the current projects within the City of St.Anthony and thO
status of each:
I. the Flood Progflngy Grant ProgrgMm
The 1998 Flood Proofing Grant Program w$s completed in November of 1998. "Phare
were a total of five (5) participants with four (4) residents participating and oAe (1)
business. The total cost of 1998 Flood Mitigation Grant Program was approximately
$$0,000.
• �'�P�l�t��rk an-�S�.�nt¢s�l Aaa�.,. +��::� :� a{��y ;r�vements
The excavation of material from 9itvijPoint Park ii 4�i w th b6 complet�W alivat'y,
9' pl'i
UW l 661'ev�d to Silver Point
1999. The instillation of storm s�d� r �$83��i�
Park is anticipated tb b6 681hylefgg 1, 066 fif l#Ah ;
Richard Konutsoii; fnc:; tj�6ijbrf i �feit td' �'c " '�f li central Parkcaavatic
in late Dedd ihei"AM1 ' if i �.EE t �lq 4Afth
,the sti �itlW 06
� + ��� 1 i r 1 4 1 1 ��w. '.� - y..d�4�t Q�
the Scholl bMic;t AJ too FAme Wi imlaileft t8 ''H 66AM46n o the
a
improvements iritreritial park: If l fifiticlpUti l,6f WWUrK 1 fie ti l Piik eould be
completed within two (2) wbelts of initiating the wtifk:
1gfnutructurs .0ngtneers ,Planners
EQUAL OPPORI'UNITY EMPLOYER FAWKIM1061.e1Wo upift.pe
^3-1998 17:34 WSB 8 ASSOCIATES INC. 6125411700 P.02iO3
1 I
Honorable Mayor, Council and City Staff
City ofSt.Anthony
December A 1998
Page 2
X11, 1999 SkIRLIBeconstruft
On December 10, 1998, bids were received from contractors for the 1099 St raei
Reconstruction Project. The low bidder was Park Construction,with a bid of$9$6,000;
The final assessment roll has been computed for the project and is available from the
City Clerk. It is anticipated that the assessment hearing will be held on liebruary O,
1999,at your regular council meeting. This project is anticipated to begin eonstru¢tioti
in April or May.
In addition, a landscaping plan for the home buyout locations is burr® fly beide
completed and will be forwarded to the Parks CominlsNon &teiv&.
TV, Sanitary Sewer &tudy
We have received notification of approval from the MCES for the City's re4uest toy
modify the proposed VI Program approach and funding method. The modified
approach includes a sewer system study to identify potential VI sources,locate active
sources, quantify anticipated flow rates, and develop a plan of action to address tha
problem. The program will be funded through a matching grant of up to$10,000 from
the MCES.
Thus far we have developed a preliminary scope of the pibodsed study *ith several
major task items and initiated the dt0i4ffiki 6t t`c6ffift4 iiiddeit'bf tli�s4nitRy
sewer system: ' tti�tlbi will h610 in afill`'yring pbibil'tlgli modification§ in sewer
routing that codid dip re'M6 fltivv it areal Eiji marginal capacity.
Through the whiter 06;rail be fA f" Wil hiattifib# k*records slid lift staiiA opeFab
records,complctl�g�ilr s� lii* doll-' '�'iYis s ti wt vE%ill
��fi �sp i,ig *btk*Itii tho pity
Staff to ai 6t1ii6i the stela t ' A"-.. did ' ' 1 A6 mo Vtl'Idhii pm'A
V
On faeceinbef J�j l ffi Mile it d ; p' Wfift3, b' i rig bA I met with
Kent Lokkesni6e o t�te Mi E� 3cp�€lfiTi t o �{ E3 ¢l i �itrding the City
of St. Anthony's 1 9 regtiest poi fldod mingoii EPliYt 6e. Af yeti# � Aware, the
City has already been allocated $2 Million in fitriding for the construction of good
mitigation improvements with another anticipated$600,00 being allocated in 1999.
1?AWP WIM1063.01%WC&0;;Ph*-W
PEC-23-1998 17:35 WSB & ASSOCIATES INC. 612541i700- P.C
Ronorabk Mayor, Council and CYty Stag}'
City of St. Anthony
December Z3, 1998
Page 3
The purpose of the meeting with Mr. Lokkesmoe wee to bring hn up-tb-Aate, oo jl
status of projects currently on-going in the City of St.Anthony. This meeting included
discussing the results of the Silver Point Park project and the results of the Feesibilio
studies completed since the City's last request. We are currently in the process Of
preparing a revised request for the City of St.Anthony for an amount of appioxi atel�
$1.5 Million in 1999. Prior to submittal to the DNR, this request will be piesented to
the Council for your approval.
V1, &arm Water Storage Eessibill
tye�nort
The Storm Water Storage Feasibility Report,which has been undertaken to ivaluate the
alternatives available for providing the second "storm water storage basin within the
community has been completed. This it;port will be reviewed with W.Mike MoMJoA
and Jay Hartman the week of December 28, and is anticipated to b6 reviewed with tie`
Harding Street Subcommittee during the week ofJanuary 18, 1999-. Upon presentation
of this report to the Larding Street Group,their input will be incorporated into the V`lai ii
and then submitted to the Council for your review. Following the Council's review, a
Public Information Meeting may be scheduled for the affected project areas.
Pete Willenbring and myself will be available at your January 5, 1999,work session to
answer any questions.
CP/ly
TOTAL P.03
V. CONTRACT WITH WSB & ASSOCIATES, INC.
' 13
® B.A.Mirtelstea,
350 Westwood Lake Office Bret A.Weis,i.L.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B.Bray,P.E.
612-541-4800
&Associates,Inc. FAX 541-1700
December 18, 1998
Mr. Mike Morrison
City Administrator
City of St Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Re: Professional Services Agreement
WSB Project No. 1065.00
Dear Mike:
Attached,please find a copy of a professional services agreement that we would suggest be executed
between the City of St. Anthony and WSB & Associates. We believe that execution of such an
agreement is a sound business practice so that the responsibilities of the engineer,as well as the City,
are clearly defined.
Responsibilities regarding WSB carrying adequate professional liability insurance, worker's
compensation insurance, general and auto liability, and indemnification provisions may be of
particular interest to the City.
It is further noted that it is not the intent of this contract to obligate the City to utilize WSB for
engineering services.
It is requested you review the professional services agreement attached and let us know if you have
any concerns or comments regarding its execution.
Thank you for your consideration in this matter.
Sincerely,
WSB&Associates, Inc.
Peter R. Willenbring, P.E.
Vice President
c: Bernie Mittelsteadt, WSB
_nm
Infrastructure Engineers Planners
F.WPWlN4065 00/11898-mm wpd
EQUAL OPPORTUNITY EMPLOYER
WSB & ASSOCIATES, INC.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the day of , 19 ,by and between
the City of St. Anthony, hereinafter referred to as City, and WSB & Associates, Inc., hereinafter
referred to as Engineer, with offices located at 350 Westwood Lake Office, 8441 Wayzata
Boulevard, Minneapolis, Minnesota 55426.
Witnesseth,that the City and Engineer,for the consideration herein named,agree as follows:
SECTION 1/GENERAL CONTRACT PROVISIONS SECTION 5/EXHIBITS
These provisions shall be as set forth in Exhibit A. The following initialed Exhibits are attached to and
made a part of this Agreement:
SECTION 2/SCOPE OF WORK
The scope of work to be performed by Engineer is set forth x Exhibit A-General Contract Provisions
in Exhibit C. The work and services to be performed x Exhibit B-Definitions
hereunder and described in Exhibit A shall be referred to x Exhibit C-Scope of Work
herein and in the General Contract Provisions as the Project. x Exhibit D-Compensation
x Exhibit E-Insurance Schedule
SECTION 3/COMPENSATION x Exhibit F-Percentage of Construction Curve
Compensation to Engineer for services described in this
agreement shall be as designated in the attached Exhibit D SECTION 6/ACCEPTANCE OF AGREEMENT
and as hereinafter described. All work and services described in this agreement
shall be performed by Engineer only after written
SECTION 4/WORK SCHEDULE acceptance ofthe City.The undersigned hereby accept
The anticipated schedule is set forth in Exhibit C. the terms and conditions of this agreement and
Engineer is hereby authorized to perform the services
described herein.
CITY OF ST.ANTHONY WSB&ASSOCIATES,INC.
3301 SILVER LAKE ROAD 350 WESTWOOD LAKE OFFICE
ST.ANTHONY,MINNESOTA 55418 8441 WAYZATA BOULEVARD
MINNEAPOLIS,MINNESOTA 55426
BY. BY: Peter R.Willenbring
SIGNATURE: SIGNATURE:
TITLE: TITLE: Vice President
BY: BY:
SIGNATURE: SIGNATURE:
TITLE_ TITLE: Vice President
DATE- DATE:
Professional Services Agreement Page I of I
F\WPV1DACL1E'MI\3=thonY\P��pd
� 5
EXHIBIT A
WSB & ASSOCIATES,INC.
GENERAL CONTRACT PROVISIONS
ARTICLE 1-GENERAL ARTICLE 5-AGREEMENT
These general contract provisions are incorporated in and become a As used herein Agreement means:
part of the Agreement to which it is attached between WSB & (1) The agreement for engineering, surveying and planning
Associates,Inc.,hereinafter referred to as Engineer, and the other services;
party to the Agreement,City of St.Anthony,hereinafter referred to (2) These general contract provisions;
as City,wherein the City engages the Engineer to provide certain (3) The attached exhibits;and
services,more particularly described in Exhibit C,Scope of Work. (4) The supplemental agreement,where applicable.
Either party may be hereinafter referred to as party or,collectively,
parties. The starting date will commence when authorized by the As to superseding effect,the attached exhibits shall govern over these
City. general provisions, and the supplemental agreement, where
applicable, shall govern over attached exhibits and these general
ARTICLE 2-CHANGED CONDITIONS provisions
If the Engineer determines that any services it has been directed or
requested to perform are beyond the scope as set forth in Exhibit B The Agreement constitutes the entire understanding between the
or that, due to changed conditions or changes in the method or Engineer and City. The Agreement supersedes all prior written or
manner of administration of the Project, the Engineer's effort oral understanding and may only be amended, supplemented,
required to perform its services under this Agreement exceeds the modified or canceled by a duly executed written Instrument.
estimate which formed the basis for the Engineer's compensation,
Engineer shall promptly notify the City of that fact. Additional work ARTICLE 6-RESPONSIBILITIES
and additional compensation for such work,and the extension of A. In order to permit the Engineer to perform the services required
time for completion thereof; shall be set forth in a supplemental under this Agreement,the City shall,in proper time and sequence
agreement entered into by the parties prior to proceeding with any and where appropriate to the Project,at no expense to the Engineer.
additional work or related expenditures. Such supplemental
agreement shall be incorporated in and become a part of this 1. Provide available information as to its requirements for the
Agreement.In absence of said supplemental agreement,amounts of Project.
compensation and time for completion shall be equitably adjusted. 2. Guarantee access to and make all provisions for the Engineer to
enter upon public and private lands to enable the Engineer to
ARTICLE 3-TERMINATION perform its work under this Agreement.
This Agreement may be terminated by either party upon thirty days' 3. Provide such legal, accounting and insurance counseling
written notice without cause. In the event of termination,copies of services as may be required for this Project,(such as review of
plans,reports,specifications,electronic drawing/data files(CARD), insurance certificates,bonding clarifications and legal questions
field data,notes,and other documents whether written,printed or regarding property acquisition or assessment).
recorded on any medium whatsoever, finished or unfinished, 4. Notify the Engineer whenever the City observes or otherwise
prepared by the Engineer pursuant to this Agreement and pertaining becomes aware of any defect in the Project.
to the work or to the Project,(hereinafter"Instruments of Service"), 5 The City Manager or a person or persons designated,shall act as
shall be made available to the City pursuant to Article 4. All City's representative with respect to the services to be rendered
provisions of this Agreement allocating responsibility or liability under this Agreement. The City's representative shall have the
between the City and Engineer shall survive the completion of the authority to transmit and receive instructions and information
services hereunder and/or the termination of this Agreement. and to interpret and define the City's policies with respect to
services rendered by the Engineer.
ARTICLE 4-REUSE AND DISPOSITION OF INSTRUMENTS OF 6. Furnish data(and professional interpretations thereof)prepared
SERVICE by or services performed by others,including where applicable,
During the course of the work,the Engineer shall make available to but not limited to,previous reports,core borings,probings and
the City copies of the Instruments of Service. At the time of sub-surface explorations, hydrographic and hydrogeologic
completion or termination of the work, the Engineer shall make surveys,laboratory tests and inspection of samples,materials
available to the City the Instruments of Service upon(i)payment of and equipment;appropriate professional interpretations of the
amounts due and owing for work performed and expenses incurred foregoing data; environmental assessment and impact
as allowed in this Agreement to the date and time of termination,and statements; property, boundary, easement, right-of-way,
(ii)fulfillment of the City's obligation under this Agreement. Upon topographic and utility surveys;property description;zoning,
payment,the Engineer and City will jointly own said Instruments of deed and other land use restrictions;and other special data not
Service. Any use or re-use of such Instruments of Service by the itemized in Exhibit B.
City or others without written verification or adaption by the 7. Review all reports,sketches,drawings,specifications and other
Engineer except for the specific purpose intended will be at the documents prepared and presented by the Engineer, obtain
City's risk and full legal responsibility. advice of legal,accounting and insurance counselors or others
as City deems necessary for such examinations and render in
The City agrees,to the fullest extent permitted by law,to indemnify writing decisions pertaining thereto within reasonable times so
and hold the Engineer harmless from any claim, liability or cost as not to delay the performance by the Engineer of the services
(including reasonable attorneys'fees,and defense costs)arising or to be rendered pursuant to this Agreement.
allegedly arising out of any unauthorized reuse or modification of 8. Where appropriate, endeavor to identify, remove and/or
these Instruments of Service by the City or any person or entity that encapsulate asbestos products or materials or pollutants located
acquires or obtains the reports, plans and specifications from or in the project area prior to accomplishment by the Engineer of
through the City without the written authorization of the Engineer. any work on the Project.
Under no circumstances shall transfer of Instruments of Service be 9. Provide record drawings and specifications for all existing
deemed a sale by Engineer,and Engineer makes no warranties,either physical plants of facilities which are pertinent to the Project
expressed or implied, of merchantability and fitness for any 10. Where available provide other services, materials,or data as
particular purpose. may be set forth in Exhibits B.
Exhibit A Page 1 of 3 F.\WPWQJ\CLIEM\Stanthonykxh-a.wpd
e
11. Bear all costs incidental to compliance with the requirements of ARTICLE 14-CONFIDENTIALITY
this article. The Engineer agrees to keep confidential and not to disclose to any
12. Provide the foregoing in a manner sufficiently timely so as not person or entity,other than the Engineer's employees,subconsultants
to delay the performance by the Engineer of the services in and the general contractor and subcontractors, if appropriate,any
accordance with the Contract Documents. data and information not previously known to and generated by the
Engineer or furnished to the Engineer and marked CONFIDENTIAL
B. Engineer shall be entitled to rely on the accuracy and by the City. These provisions shall not apply to information th
completeness of information or services furnished by the City or whatever form that comes into the public domain,nor shall it restrict
others employed by the City. Engineer shall endeavor to verify the the Engineer from giving notices required by law or complying with
information provided and shall promptly notify the City if the an order to provide information or data when such order is issued by
Engineer discovers that any information or services furnished by the a court, administrative agency or other authority with proper
City is in error or is inadequate for its purpose. jurisdiction, or if it is reasonably necessary for the Engineer to
defend himself or herself from any suit or claim.
ARTICLE 7-OPINIONS OF COST
Opinion, if any, of probable cost, construction cost, financial ARTICLE 15-LOCATION OF UNDERGROUND
evaluations, feasibility studies, economic analyses of alternate IMPROVEMENTS
solutions and utilitarian considerations of operations and The Engineer and/or his or her authorized subconsultant will conduct
maintenance costs provided for are made or to be made on the basis the research that in his or her professional opinion is necessary and
of the Engineer's experience and qualifications and represent the will prepare a plan indicating the locations intended for subsurface
Engineer's best judgement as an experienced and qualified penetrations with respect to assumed locations of underground
professional design firm.The parties acknowledge,however,thatthe improvements. Such services by the Engineer or his or her
Engineer does not have control over the cost of labor, material, subconsultant will be performed in a manner consistent with the
equipment or services furnished by others or over market conditions ordinary standard of care. The City recognizes that the research may
or contractor's methods of determining their prices, and any not identify all underground improvements and that the information
evaluation of any facility to be constructed or acquired,or work of upon which the Engineer relies may contain errors or may not be
necessity must be speculative until completion of construction or completed.
acquisition. Accordingly, the Engineer does not guarantee that
proposals, bids or actual costs will not vary from opinions, The City agrees,to the fullest extent permitted by law,to waive all
evaluations or studies submitted by the Engineer. claims and causes of action against the Engineer and anyone for
whom the Engineer may be legally liable, for damages to
ARTICLE 8-INSURANCE underground improvements resulting from subsurface penetration
Engineer has procured insurance in the types and amounts set forth locations established by the Engineer,except that the City does not
to Exhibit D. release the Engineer, its principals, employees, agents and
consultants from negligence which causes damage to underground
ARTICLE 9-ASSIGNMENT improvements resulting from subsurface penetration locations
This Agreement, intended to secure the service of individuals established by the Engineer.
employed by and through the Engineer, shall not be assigned or
transferred without written consent of the City. ARTICLE 16-BETTERMENT
Il;due to the Engineer's error,any required item or component of the
ARTICLE 10-CONTROLLING LAW project is omitted from the Engineer's construction documents,the
This Agreement is to be governed by the laws of the State of Engineer shall not be responsible for paying the cost to add such item
Minnesota. or component to the extent that such item or component would have
been otherwise necessary to the project or otherwise adds value or
ARTICLE I 1-NON-DISCRIMINATION betterment to the project. In no event will the Engineer be
Engineer will comply with the provisions of applicable Federal,State responsible for any cost or expense that provides betterment,upgrade
and Local Statutes,Ordinances,and Regulations pertaining to human or enhancement of the project.
rights and non-discrimination.
ARTICLE 17-CONSTRUCTION OBSERVATION
ARTICLE 12-CONFLICT RESOLUTION The Engineer shall visit the project at appropriate intervals during
In an effort to resolve any conflicts that arise during the design or construction to become familiar with the progress and quality of the
construction of the project or following the completion of the project, contractors' work and to determine if the work is proceeding in
the City and Engineer agree that all disputes between them arising general accordance with the Contract Documents. The City has not
out of or relating to this Agreement shall be submitted to non-binding retained the Engineer to make detailed inspections or to provide
mediation unless the parties mutually agree otherwise. exhaustive or continuous project review and observation services.
ForCity-observed projects,the Engineer shall accept the construction
The City and Engineer further agree to include a similar mediation of the project as being completed according to the construction
provision in all agreements with independent contractors and documents upon a similar justification by the City observer. The
consultants retained for the project and to require all independent Engineer does not guarantee the performance of,and shall have no
contractors and consultants also to include a similar mediation responsibility for, the acts or omissions of any contractor,
provision in all agreements with subcontractors, subconsultants, subcontractor,supplier or any other entity furnishing materials or
suppliers or fabricators so retained,thereby providing for mediation performing any work on the project.
as the primary method for dispute resolution between the parties to
those agreements. If the City desires more extensive project observation or full-time
project representation, the City shall request such services be
ARTICLE 13-ATTORNEYS'FEES provided by the Engineer as Additional Services in accordance with
In the event of any litigation arising from or related to the services the terms of this Agreement In this instance, the Engineer shall
provided under this Agreement,the prevailing party will be entitled accept the construction of the project as being completed according
to recovery of all reasonable costs incurred, including staff time, to the construction documents. However, the Engineer does not
court costs,reasonable attorneys'fees and other related expenses. guarantee the performance of,and shall have no responsibility for,
the acts oromissions of any contractor,subcontractor,supplier or any
other entity furnishing materials or performing any work on the
project
Exhibit A Page 2 of 3 F.\WPWtN\CLM'N' stanthony\cxh-a.wpd
'7
ARTICLE 18-INDENWIRCATION
The Engineer agrees, to the fullest extent permitted by law, to
indemnify and hold the City harmless from any damage,liability or
cost(including reasonable attorneys'fees and costs of defense)to the
extent caused by the Engineer's negligent acts,errors or omissions in
the performance of professional services under this Agreement and
those of his or her subconsultants or anyone for whom the Engineer
is legally liable.
The City agrees to the fullest extent permitted by law,to indemnify
and hold the Engineer harmless from any damage,liability or cost
(including reasonable attorneys' fees and costs of defense)to the
extent caused by the City's negligent acts,errors or omissions and
those of his or her contractors, subcontractors or consultants or
anyone for whom the City is legally liable, and arising from the
project that is the subject of this Agreement.
The Engmeer is not obligated to indemnify the City in any manner
whatsoever for the City's own negligence
Exhibit A Page 3 of 3 F\WPWQJ\CLIENIlstmthonykxh-awpd
Ig
EXHIBIT B
WSB & ASSOCIATES, INC.
DEFINITIONS
B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of
hours of work performed, times the personnel cost for the appropriate labor classification
shown on the fee schedule.
B.2 "CONSTRUCTION COST"means the amount of the construction contract awarded for the
improvement project,plus the value of any equipment,materials or supplies furnished by the
City for installation or use by the construction contractor,plus any increases in the contract
amount implemented by change order, supplemental agreement or other instrument
subsequent to award of the contract. Reductions in the contract amount subsequent to award
will not be a basis for reducing the fee. If a construction contract is not awarded, the
construction cost shall be considered to be the engineer's estimated cost for the construction
of the improvement project, as prepared for the bid opening, unless the City believes the
engineer's estimate is unreasonable,in which case,the Engineer and the City shall agree upon
an alternate basis for determining the construction cost. Such alternate basis may include
negotiation, development of an independent estimate by a third party, or other means.
B.3 "EXPENSES" means costs incurred in the performance of the services described herein or
authorized by the City which are not direct personnel costs or overhead costs. Expenses
include long distance telephone charges, subconsultant fees, testing costs, outside
reproduction and printing costs, equipment rental costs and similar costs.
B.4 "LUMP SUM PRICE" means an amount negotiated between the City and Engineer for
performance of the services specified in the Design Agreement which is subject to
adjustment only if the Scope of Services changes or if circumstances beyond the control of
the Engineer causes an increase in the cost of performance of the services.
B.5 "DESIGN AGREEMENT"means a written order executed by an authorized representative
of the City describing the scope of services and engineering fee arrangement for an
improvement project.
B.6 "IMPROVEMENT PROJECT"means public improvement projects authorized by the City
and paid for with public funds.
B.7 "DEDICATION PROJECT"means those proposed improvement projects to be constructed
by private funding for eventual dedication to the public.
B.8 "INSTRUMENTS OF SERVICE"any plan,specification,or report prepared by the Engineer.
Exhibit B Page 1 of 1 F\WPW1?ACL1E4T\s=thony\cxh-b wpd
Iq '
EXHIBIT C
WSB & ASSOCIATES,INC
SCOPE OF WORK
GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS
C.1 PRELMNARY REPORT/STUDY PHASE
Subject to further clarification and refinement on a project-by-project basis, the Engineer
shall in proper time and sequence:
C.1.1 Consult with the City representative to determine the requirements of the project,
review available data, attend necessary conferences, and be available for general
consultation.
C.1.2 Advise City as to the necessity of City's providing or obtaining from others data or
services and assist City in obtaining such data and services.
C.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to
approve the design of the project and participate in consultations with such
authorities.
C.1.4 Make such preliminary studies,layouts,and preliminary opinions of cost to identify
potential construction or financing problems.
C.1.5 Assist the City in obtaining all required subsurface investigations as required for the
preparation of the feasibility report.
C.1.6 Prepare a feasibility report on the preliminary engineering study of the project in
sufficient detail to indicate the problems involved. The report shall include the
desired phased program, if required, and the appropriate alternate solutions. The
report will also include schematic layouts, sketches,conceptual design criteria with
appropriate exhibits to indicate the considerations involved (including applicable
requirements of governmental authorities having jurisdiction over the project),
preliminary opinion of project cost, typical examples of proposed assessments,
preliminary identification of right-of-way and easement requirements, and the
Engineer's conclusions and recommendations.
C.1.7 Furnish six (6) copies of the feasibility report documents and review the feasibility
report with City staff.
C.1.8 If required, the Engineer shall present the feasibility report to the proper reviewing
agencies and to the City Council. The Engineer shall attend the public hearing for
the project.
Exhibit C Page 1 of 8 FAWPWIN\CLIENT\stanthonykxh-c
C.2 FINAL DESIGN PHASE
Subject to further clarification and refinement on a project-by-project basis, the Engineer
shall in proper time and sequence:
C.2.1 On the basis of the accepted preliminary design documents and the current opinion
of project cost, prepare contract documents consisting of final drawings and
specifications to show and describe the scope, extent, and character of the work to
be furnished and performed by Contractor(s) including Advertisement for bids,
Instructions to Bidders, Bid Form, Form of Agreement,Performance and Payment
Bond Form,General Conditions, Special Conditions, and Technical Specifications.
C.2.2 Provide technical criteria, written descriptions and design data for use in filing
applications for routine permits or obtaining approvals of such governmental
authorities as have jurisdiction to approve the design of the project, and assist City
in consultations with appropriate authorities. The Engineer shall prepare and submit
all permit applications to the appropriate agencies. The City shall be responsible for
all permit fees.
C.2.3 Advise City of any adjustments to the latest opinion of project cost caused by
changes in extent or design requirements of the project.
C.2.4 Prepare for review and approval by City,its legal counsel and other advisors contract
agreement forms, general conditions, supplementary conditions, bid forms,
advertisement for bid and instructions to bidders, and assist in the preparation of
other related documents.
C.2.5 Attend necessary conferences and be available for general consultation.
C.2.6 Furnish three (3) copies of the above documents and of the drawings and
specifications and present and review them in person with City, along with
completing a plans-in-hand site inspection. Make minor revisions and adjustments
as required following review by City.
C.3 BIDDING PHASE
Subject to further clarification and refinement on a project-by-project basis, the Engineer
shall in proper time and sequence:
C.3.1 Furnish plans and specifications for agency review and furnish three(3)copies to the
City for bidding and construction purposes as a part of this Contract.
C.3.2 Issue addenda as appropriate to interpret, clarify or expand the bidding documents.
C.3.3 Assist the City in obtaining and evaluating bids and awarding contracts for the
construction of the project.
Exhibit C Page 2 of 8 FAWPWIMCLIENTstanthonykxh-c
C.3.4 Consult with and advise City as to the acceptability of subcontractors,suppliers and
other persons and organizations proposed by the prime contractor(s) (herein called
"Contractor(s)") for the portions of the work as to which such acceptability is
required by the bidding documents.
V C.3.5 Consult with and advise City concerning and determining the acceptability of
substitute materials and equipment proposed by Contractor(s)when substitution prior
to the award of contracts is allowed by the bidding documents.
C.3.6 Attend bid opening and prepare bid tabulation sheets.
CA CONSTRUCTION PHASE
Subject to further clarification and refinement on a project-by-project basis, the Engineer
shall:
C.4.1 Consult with and advise City and act as City's representative as provided in the
contract documents,which may not be modified to affect Engineer's responsibilities
except by written agreement signed by the City and the Engineer.
C.4.2 Conduct preconstruction conference to be attended by the Contractor, City, and
others as may be requested by the City.
C.4.3 Make visits to the site at intervals appropriate to the various stages of construction
to observe as an experienced and qualified design professional the progress and
quality of the executed work of the Contractor(s), and to determine if such work is
proceeding in accordance with the contract documents. During such visits and on the
basis of the on-site observations, the Engineer will keep the City informed of the
progress of the work and will endeavor to identify for the City defects and
deficiencies in the work of the Contractor(s). This obligation does not include
anything related to safety. It is agreed that safety matters are Contractor's
responsibility and that the Engineer shall be responsible only for the acts or
omissions of its own employees. The Engineer may disapprove work as failing to
conform to the contract documents. The Engineer shall not have control or charge
of and shall not be responsible for construction means, methods, techniques,
sequences or procedures,or for safety precautions and programs in connection with
the work. The Engineer shall be obligated, however, to disclose known dangerous
circumstances to the City.
CAA Review samples, schedules, shop drawings, the result of tests and inspections, and
other data which the Contractor is required to submit,but only for the conformance
with the design concept of the project and compliance with the information given in
the contract documents, (but such review shall not extend to means, methods,
sequences, techniques, or procedures of construction or to safety precautions and
programs incidental thereto). The Engineer shall receive and review (for general
content as required by the specification), maintenance and operating instructions,
Exhibit C Page 3 of 8 FAWPWIMCLIENIlttanthony\exh-c
schedules, guarantees, bonds, and certificates of inspection which are to be
assembled by the Contractor in accordance with the contract documents.
C.4.5 Issue all instructions of City to Contractor; issue necessary interpretations and
clarifications of the contract documents and in connection therewith prepare change
orders as required for City's approval and have authority,as City's representative,to
require special inspection or testing of the work.
C.4.6 Review the Contractor's application for payment, determine the amount owing the
Contractor and make recommendations to the City regarding the payment thereof.
The Engineer's recommendations are based on his on-site observations as an
experienced and qualified design professional. The recommendations by the
Engineer constitute a representation to the City that to the best of his knowledge,
information and belief, the work has progressed to the point indicated on said
application and the quality of work is in accordance with the contract documents,
subject to the results of any subsequent test called for by the contract documents and
any qualifications stated in his recommendations.
C.4.7 Conduct,in the presence of the designated representative,a site visit to determine if
the project is substantially complete,and conduct a final site visit to determine if the
work has been completed in accordance with the contract documents. Such site visits
may include representatives from the City and/or other involved governmental
agencies. If the Contractor has fulfilled his obligations, the Engineer shall give
written notice to the City and the Contractor that the work is acceptable for final
payment.
C.4.8 The Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work.
C.4.9 The Engineer shall furnish the City with a list detailing final quantities and costs in
a letter stating to the best knowledge of the Engineer that the work is in compliance
with the plans, specifications and change orders.
C.5 SCOPE OF SERVICES FOR DEDICATION PROJECTS
Subject to further clarification and refinement on a project-by-project basis, the Engineer
shall:
C.5.1 Following written notice from the City Manager,review the platting,concept,design,
plans and specifications for each Dedication Project to determine that they comply
with those written City Standards that have been approved by the City Council for
such projects. Require the developer or his Engineer to submit the plans to
appropriate utility companies and other concerned agencies for their review,
concurrence and issuance of permits as required. Upon completion of his review,
Exhibit C Page 4 of 8 FAWPWIMCLIENINs=thony\exh-c
submit a written report to the City Manager to assist him/her and the City Council
in approving or disapproving the proposed Dedication Project.
C.5.2 Submit a written progress report to the City Manager for each Dedication Project
under construction on the Thursday preceding the second regularly scheduled
Council meeting of each month. The report should include budget, schedule and
progress information.
C.5.3 Submit a written report to assist the City Manager in determining that the project has
been satisfactorily completed. The Engineer shall acquire from the developer or the
developer's engineer five(5)sets of plans of the work that have been revised to show
"as constructed" conditions, said plans to be submitted to the City within 90 days
following completion of the project.
C.6 RESIDENT PROJECT REPRESENTATIVE SERVICES
C.6.1 If required by the City and approved in writing,one or more full-time resident project
representatives, experienced in the type of construction proposed,will be furnished
and directed by the Engineer in order to provide more extensive representation at the
project site during construction phase. However, the furnishing of such resident
project representation shall not make the Engineer responsible for the construction
means, methods, techniques, sequences or procedures, or for safety precautions or
programs. The Engineer shall be obligated,however,to disclose known dangerous
circumstances to the City.
C.7 SCOPE OF ADDITIONAL SERVICES AS THE ENGINEER
s
If authorized in writing by the City, the Engineer shall furnish additional services of the
following type:
C.7.1 Preparation of applications and supporting documents for government grants,loans,
complex permits,or advances in connection with the project. Preparation or review
of environmental assessment worksheets and environmental impact statements.
Review and evaluation of the effect on the design requirements of the project of any
statements or documents prepared by others.
C.7.2 Additional services due to significant changes in general scope of the project or its
design including but not limited to, change of size, complexity of character or of
construction.
C.7.3 Preparing supporting data and other services in connection with change orders if the
change is due to causes beyond the control of the Engineer and is inconsistent with
the original design intent.
C.7.4 Providing professional services made necessary by the default of the Contractor or
by major defects in the work of the Contractor in the performance of the construction
contract.
Exhibit C Page 5 of 8 FAWPW1N\CL1ENT\stanthonykxh-c
24
C.7.5 Providing extensive assistance in the utilization of any equipment or system such as
initial startup or testing, adjusting and balancing, preparation of operating and
maintenance manuals, training personnel for operation and maintenance, and
consultation during operation.
C.7.6 Providing contract administration after the construction contract time has been
extended from the completion date by more than 30 working days through no fault
of the Engineer.
C.7.7 Providing services of professional subconsultants as required for the project.
C.7.8 Providing the type of surveying or related engineering services necessary for
preparation and/or temporary easements.
C.7.9 Serving as an expert witness for the City in any litigation or other proceedings
involved in the project.
C.7.10 Providing services for preparation of preliminary and final assessment rolls.
C.7.11 Review of developer's plats, concept plans,and provide assistance to the developer
in preparing a plat for improvement projects.
C.7.12 Prepare legal descriptions and exhibits for all permanent and temporary easements
required for the project.
C.7.13 Provide preliminary surveying prior to plan preparation and construction surveying
necessary for construction of the project.
C.7.14 Additional services in connection with the project not otherwise provided for in this
Agreement.
C.7.15 Within 90 days after receipt of all necessary data, prepare for City on request a set
of reproducible record prints of drawings showing those changes made during the
construction process,based on marked up prints,drawings,and other data furnished
by the resident project representative,if one is supplied by the Engineer,or furnished
in conjunction with the Contractor to the Engineer or by the City's representative and
which the Engineer considers significant.
C.8 SCOPE OF SERVICES FOR STUDIES
Subject to further clarification on a project-by-project basis, the Engineer shall:
C.8.1 NEEDS PHASE
C.8.1.1 Identify the goals of the study with City staff.
Exhibit C Page 6 of 8 FAWPWIMCLIEN\stanthonykxh-c
25
C.8.1.2 Establish the completion date in response to the needs of the City.
C.8.1.3 Establish the budget for the study or report. 16
C.8.2 SCOPE OF WORK PHASE
C.8.2.1 A work plan will be developed and submitted to the City for review and
approval. Members of the Engineer's team will meet with City staff to
review the work plan.
C.8.2.2 A meeting will be held with City staff to collect all pertinent information.
C.8.2.3 Other metropolitan,county,state or federal agencies will be contacted to
obtain any other resource information.
C.8.2.4 An outline of the deliverables shall be given to the City staff for their
approval.
C.8.2.5 Deliver the draft and final document within completion dates as
determined in C.9.1.2.
Exhibit C Page 7 of 8 FAWPWiMCLIENT\stanthonykxh-c
z�
EXHIBIT D
WSB& ASSOCIATES,INC
COMPENSATION
The City shall pay the Engineer for Basic Services rendered on the basis of a percentage of the
construction cost of the project,a negotiated lump sum fee,or on an hourly basis,as mutually agreed
to and deemed fair and reasonable for the particular work to be performed. The method of payment
will be determined at the start of the project. Reimbursable expenses shall be paid in addition to said
fees.
D.1 PERCENTAGE OF THE CONSTRUCTION COST
The percentage of the construction cost of the project shall be calculated in accordance with
Exhibit F attached to this document. This method shall be used for improvement projects
that exceed $100,000 in construction cost when authorized under this method of payment.
The construction cost shall be as defined in Exhibit B and B2 "Construction Cost".
Phase Percentage
Preliminary Report/Study 15%
Preliminary Design 25%
Final Design 45%
Bidding Process 5%
Contract Administration 5% Paid proportional to percentage of
construction complete.
Record Drawings 3%
D.1.1 The Engineer shall be paid a percentage of the fee according to the above-noted
schedule upon completion of the appropriate phase based on the construction cost
determined in the feasibility report. Adjustment in the fee will be completed upon
receipt of bids or as described in the Definition section for"construction cost".
D.1.2 In any case where the final design is complete and the project does not proceed,the
Engineer shall be paid on an hourly basis to return the project to current standards
and modify the bidding documents. The bidding and contract administration would
then be paid according to the above-noted percentages.
D.1.3 For projects between $0 and $100,000, the maximum fee shall be 11% of the
construction cost.
Exhibit D Page 1 of 8 FAWPW1MCL1ENT\stanthonykuh-d
2 -7
D.2. LUMP SUM
The lump sum amount will be determined on a project-by-project basis and is subject to
negotiation with the City. This method will generally be used with studies, reports and
improvement projects with estimated construction costs between$50,000 to$100,000. The
authorization and lump sum fee will be stated in a supplemental agreement for each project.
It is agreed if the scope for the lump sum project is exceeded, the Engineer will notify the
City and negotiate additional fees for the added work. The payment schedule for projects
shall be defined on a project-by-project basis.
D.3 HOURLY BASIS
The Engineer shall be compensated monthly for any work assigned at an hourly rate basis
in conformance with the Engineer's current fee schedule, Exhibit F.
This method will be used for all general city engineering services, dedication projects and
construction activities outside of the standard fee.
D.4 MISCELLANEOUS
D.4.1 Independent Consultants-The cost of services performed by independent consultants
or agencies for property surveys,environmental evaluations,soil testing,test drilling
field tests, laboratory work and similar services required for the preliminary report,
final design or construction phase shall be paid independently by the City and shall
be prior approved by the City. '
D.4.2 Payment for Revisions or Other Work-If the City directs that revisions be made to
the plans and specifications following approval of the plans and specifications by the
City or if the City Manager directs Engineer to perform other work, the Engineer
shall be compensated for the cost of such revisions at the hourly fee. If the revisions
consist of extension or enlargement of the project, payment for plans and
specifications for such extension shall be included in the basic fee based upon the
increased project.
D.4.3 Receipt of Payment - In order to receive payment for services, the Engineer shall
submit monthly invoices describing in detail that the services have been performed
in accordance with this contract. Separate statements shall be submitted for each
project or a detailed breakdown shall be furnished showing the distribution of
charges to each project. The City shall pay Engineer upon receipt of each monthly
invoice. For hourly and lump sum contracts, the personnel who worked on the
project shall be included. Construction services shall include daily reports detailing
the time for each day that the individual was working on the project.
D.4.3.1 Travel time and mileage costs are not billed to the City and are part of
WSB's fee schedule.
Exhibit D Page 2 of 8 FAWPW N\CL1EN7\smnthonykxh-d
VI. RESOLUTIONS RELATING TO THE 1999 STREET
IMPROVEMENTS.
CITY OF ST. ANTHONY
RESOLUTION 99-OOD
A RESOLUTION CALLING A HEARING ON
1999 STREET AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to direction of the City Council of the City of St. Anthony, a report has
been prepared with reference to the improvements:
1999 Street and Utility Improvements Project
This project consists of street reconstruction and replacement of water main and
storm sewer lines on the following streets:
1. Wilson Street: 27`h Avenue NE to 29`h Avenue NE
2. Pahl Avenue: Wilson Street to Coolidge Street
3. Alley: Wilson Street to Coolidge Street (south of Murray Avenue)
4. Alley: Wilson Street to Coolidge Street (south of Pahl Avenue)
5. Alley: Wilson Street to Coolidge Street (south of St. Anthony Boulevard)
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony:
r1. The Council will consider the improvement of such street and utilities in
accordance with the report and the assessment of abutting property for a
portion of the cost of the improvement pursuant to Minnesota Statutes
Chapter 419 at an estimated total cost of the improvements of$1,130,000.
2. A public hearing shall be held on such proposed improvements on the 9`h
day of February, 1999, in the Council Chambers of the City Hall at 7:00
P.M. or as soon thereafter as possible, and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
z �
. CITY OF ST. ANTHONY
RESOLUTION 99-OOE
A RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT
WHEREAS, costs have been determined for the improvement of(1) Wilson Street, 27`h Avenue
NE to 29`h Avenue NE; (2) Pahl Avenue, Wilson Street to Coolidge Street; (3)
Alley: Wilson Street to Coolidge Street (south of Murray Avenue); (4) Alley:
Wilson Street to Coolidge Street (south of Pahl Avenue); and, (5) Alley, Wilson
Street to Coolidge Street (south of St. Anthony Boulevard) and the bid price for
such improvement is $886,231.71, and the total cost of the improvement will be
approximately $1,130,000.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of St. Anthony, Minnesota:
(1) The portion of the cost of such improvement to be paid by the City is hereby
declared to be $1,121,715.70 and the portion of the cost to be assessed against
benefitted property owners is declared to be $82,848.29.
(2) Assessments shall be payable in equal annual installments extending over a period
. of 15 years, the first of the installments to be payable on or before the first Monday
in 2000, and shall bear interest at the rate of 2 per cent above the City's borrowing
rate at the time the bonds are issued.
(3) The Consulting Engineer shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece or parcel of land
within the district affected, without regard to cash valuation, as provided by law,
and the City Clerk shall file a copy of such proposed assessment in the office for
public inspection.
(4) The City Clerk shall upon the completion of such proposed assessment, notify the
Council thereof.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
3v
CITY OF ST. ANTHONY
RESOLUTION 99-OOF
A RESOLUTION CALLING A HEARING ON PROPOSED
ASSESSMENT FOR 1999 STREET AND UTILITY
IMPROVEMENTS
WHEREAS, by direction of the City Council of the City of St. Anthony, a proposed assessment
of the cost of the following improvements has been prepared:
1999 Street and Utility ILnprovements Project
1. Wilson Street, from 27' Avenue NE to 29`h Avenue NE
2. Pahl Avenue, from Wilson Street to Coolidge Street
3. Alley: Wilson Street to Coolidge Street (south of Murray Avenue)
4. Alley: Wilson Street to Coolidge Street (south of Pahl Avenue) ,
5. Alley: Wilson Street to Coolidge Street (south of St. Anthony Boulevard)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony:
1. A hearing shall be held on the 9th day of February, 1999, in the City
Council Chambers at 7:00 P.M., or as soon thereafter as possible, to pass
upon such proposed assessment and at such time and place all persons
owning property affected by such improvement will be given an opportunity
to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published twice in the official newspaper at least
two weeks prior to the hearing, and shall state in the notice the total cost of
the improvement. The Clerk shall also cause mailed notice to be given to
the owner of each parcel described in the assessment roll not less than 10
days prior to the hearing.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment,
to the City Clerk, except that no interest shall be charged if the entire
assessment is paid by November 14th of the assessed year.
The owner may, at any time thereafter, pay to the Finance Director the
entire amount of the assessment remaining unpaid, with interest accrued to
December of the year in which such payment is made. Such payment must
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Resolution 99-OOF
Page 2
be made before November 14th or interest will be charged through
December 31st of the succeeding year.
Adopted this day of ,1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager 16
VII. REVIEW STORM WATER ORDINANCE.
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MEMORANDUM
DATE: November 30, 1998
TO: St. Anthony Planning Commission Members
FROM: Michael Mornson, City Manager
ITEM: STORM WATER MANAGEMENT ORDINANCE
The City Council is continuing to review the Storm Water Management ordinance because
several concerns about the ordinance as proposed have come to light. The Council would like
the Planning Commission to review the ordinance, with suggested changes, at their December
15, 1998 meeting. The Council will continue to review the ordinance at their January 5 Work
Session. The Council will then hold the second reading at their January 12, 1999 meeting and
the third reading at their January 26, 1999 meeting.
Following are the changes:
Section 1675.05, Subd. 1
The fust sentence will read as follows: "Every applicant for a building permit,
subdivision approval, or a permit in the Commercial, Industrial, R-3 and R-4 Zoning
Districts of the City must submit a Storm Water Management Plan to the Public Works
Director.", deleting "which disturbs three or more acres of land or for projects required
by the public Works Director which disturb less than three acres of land".
Section 1675.05, Subd. 2
Delete "(a)"
Section 1675.05, Subd. 2
Change (b) to (a); (c) to (b); (d) to (c) and delete ..."before the effective date of this
Section."; and, (e) to (d) and delete ...."only....... and add ..."when it is over one acre
in size."
Section 1675.08, Subd. 6 (c) (2)
Delete "10" and replace with "3" ....
Section 1675.08, Subd. 6 (d)
Delete "Any soil or dirt storage piles containing more than 10 cubic yards of material
should not be located with a downslope drainage length of less than 25 feet from the toe
of the pile to a roadway drainage channel."
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Page 2
Section 1675.08
Add Subd. 17 "Subd. 17. Lawn Fertilizer Education. The City shall, in their quarterly
Newsletter, have an article on the harmful impacts to the environment by doing any of
the following: Applying fertilizer, grass clippings, leaves, etc. in any storm drainage
area or_natural drainage area; and, in addition, to discuss the benefits of using fertilizer
containing less than three percent by weight of phosphorus."
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Planning
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Planning Commission Revision to Proposed Storm Water Ordinance:
Sec. 1675.08, Subd. 17 awi►1Vhaintenance'Edd(
` a M .
The City shall, in partxcipateNm�=on.gomg
ducational opporturiitiesto,ifQrm the esdents o the harmful impacts to the
environment b don an of the followin `1`in' fertilizer,
Y g Y g: ,impropeclyu:�ap. .P_Yg�4g
av=in nor de ositin grass clippings, leaves, etc. in any storm drainage area, stree or
natural drainage area; and, in addition, to discuss the benefits of using fertilizer
containing less than three percent by weight of phosphorus.
1675.05, Subd. 1 Applicability.
The Planning Commissioners questioned the impact of this subdivision on
homeowners and small businesses.
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CITY
SCITY OF ST. ANTHONY
ORDINANCE 1998-010
AN ORDINANCE RELATED TO STORM WATER MANAGEMENT; AMENDING
CHAPTER 16 OF THE CITY CODE BY ADOPTING A NEW SECTION
The City Council of the City of St. Anthony hereby ordains:
Section 1. Chapter 16,Zoning and Land Use, is amended by adding a new Section 1675 to read
as follows:
SECTION 1675 - STORM WATER MANAGEMENT
1675.01 Statutory Authorization. This Section is adopted pursuant to Minnesota Statutes
Sections 462.351 through 462.365.
1675.02 Findings. The City hereby finds that uncontrolled and inadequately planned use of
wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing
restrictive soils, adversely affects the public health, safety and general welfare by impacting
water quality and contributing to other environmental problems, creating nuisances, impairing
other beneficial uses of environmental resources and hindering the ability of the City to provide
adequate water, sewage, flood control, and other services.
1675.03 Purpose. The purpose of this Section is to address the findings in Section 1675.02 and
to promote,preserve and enhance the natural resources within the City.
1675.04 Definitions. For the purposes of this Section, the following terms, phrases, words, and
their derivatives shall have the meanings stated below.
Annlicant. Any person who wishes to obtain a building permit,zoning or subdivision
approval.
Control measure. A practice or combination of practices to control erosion and attendant
pollution.
Detention facility. A permanent natural or man-made structure, including wetlands, for
the temporary storage of runoff which contains a permanent pool of water.
Flood fringe. The portion of the flood plain outside of the flood way.
Flood plain. The areas adjoining a watercourse or water basin that have been or may be
covered by a regional flood.
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Flood way. The channel of the watercourse,the bed of water basins, and those portions
of the adjoining flood plains that are reasonably required to carry and discharge flood
water and provide water storage during a regional flood.
Hydric soils. Soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part.
Hydrophytic ve eg tation. Macrophytic plant life growing in water, soil or on a substrate
that is at least periodically deficient in oxygen as a result of excessive water content.
Land disturbing or development activities. Any change of the land surface including
removing vegetative cover, excavating, filling, grading, and the construction of any
structure.
Person. Any individual, firm, corporation, partnership, franchisee, association, or
Plan. A storm water management plan governed by this Section.
Public waters. Waters of the state as defined in Minnesota Statutes Section 103G.005,
subdivision 15.
Regional flood. A flood that is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of a 100-year recurrence interval.
Retention facility. A permanent natural or man made structure that provides for the
storage of storm water runoff by means of a permanent pool of water.
Sediment. Solid matter carried by water, sewage, or other liquids.
Structure. Anything manufactured, constructed or erected which is normally attached to
or positioned on land, including portable structures, earthen structures, roads,parking
lots, and paved storage areas.
This Section. This Section 1675.
Wetlands. Lands transitional between terrestrial and aquatic systems where the water
table is usually at or near the surface or the land is covered by shallow water. For
purposes of this definition, wetlands must have the following three attributes:
(a) have a predominance of hydric soils;
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(b) are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for
life in saturated soil conditions; and
(c) under normal circumstances support a prevalence of such vegetation.
1675.05 Scope and Effect.
Subd. 1 Applicability. fn the eoirmlemial, industrial, R--3 -
City eEvery applicant for a building permit, subdivision approval, or a permit in the
Commercial, Industrial, R-3 and R-4 Zoning Districts of the City
more 'I-e.of land oz for ptojects tequired by the Public %irks Director which distwb
less than three aeLes of land must submit a Storm Water Management Plan to the Public
Works Director. No building permit, subdivision approval, or permit to allow land
disturbing activities shall be issued until approval of the plan or a waiver of the approval
requirement has been obtained under this Section.
Subd. 2 Exemptions. The provisions of this Section do not apply to fences, sign or poles
or emergency work, or to the following items if approved before the effective date of this
Section:
fa) Fences, sign oz poles or emergency WOLk
(bja) Any part of a subdivision approved by the City Council before the effective date
of this Section.
f eb Any land disturbing activity for which plans have been approved by the watershed
management organization.
f djc A lot for which a building permit has been approved.
fe3Cd)A.Building permits issued in the R-1, R-IA, or R-2 Zoning District. In these
Districts,the property owner must obtain prior approval from-erilyy the Director of
Public Works of a storm water plana propriate in scale and scope to the proposed
activity when tis ore%one`' re iri�size.
1675.06 Plan Approval Procedures.
Subd. 1 Application. Any plan and an application for its approval shall be filed with the
Public Works Director. It must state the grounds for approval,that the proposed use is
permitted by the zoning ordinances, and adequate evidence that the proposed use will
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conform to this Section. Prior to applying, an applicant may have the plan reviewed by
the appropriate departments of the City.
The applicant must submit two sets of clearly legible blue or black lined drawings in
appropriate scale (not less than 1 inch equals 100 feet) and the required additional
information with evidence of payment of all fees required under Section 1675.07.
Subd. 2 Plan. At a minimum, the plan shall contain the following information.
(a) Existing site man. A map of existing site conditions showing the site and
immediately adjacent areas, including:
(1) The name and address of the applicant, the section,township and range,
north point, date and scale of drawing and number of sheets.
(2) Location of the tract by an insert map at a scale sufficient to clearly
identify the location of the property and giving such information as the
names and numbers of adjoining roads, railroads, utilities, subdivisions,
towns and districts or other landmarks.
(3) Existing topography with a contour interval appropriate to the topography
of the land but in no case having a contour interval greater than 2 feet.
(4) A delineation of all streams, rivers, public waters and wetlands located on
and immediately adjacent to the site.
(5) Location and dimensions of existing storm water drainage systems and
natural drainage patterns on and immediately adjacent to the site
delineating in which direction and at what rate storm water is conveyed
from the site, identifying the receiving stream, river,public water, or
wetland, and setting forth those areas of the unaltered site where storm
water collects.
(6) A description of the soils of the site, including a map indicating soil types
of areas to be disturbed as well as a soil report containing information on
the suitability of the soils for the type of development proposed.
(7) Vegetative cover and clearly delineating any vegetation proposed for
removal.
(8) 100 year flood plains, flood fringes and flood ways.
(b) Site construction plan. A site construction plan, including:
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(1) Locations and dimensions of all proposed land disturbing activities and
any phasing of those activities.
(2) Locations and dimensions of all temporary soil or dirt stockpiles.
(3) Locations and dimensions of all construction site erosion control measures
necessary to meet the requirements of this Section.
(4) Schedule of anticipated starting and completion date of each land
disturbing activity including the installation of construction site erosion
control measures needed to meet the requirements of this Section.
(5) Provisions for maintenance of the construction site erosion control
measures during construction.
(c) Drawing of final site conditions. A drawing of final site conditions on the same
scale as the existing site map showing the site changes including:
(1) Finished grading shown at contours at the same interval as provided above
or as required to clearly indicate the relationship of proposed changes to
existing topography and remaining features.
(2) A landscape plan, drawn to an appropriate scale, including dimensions and
distances and the location, type, size and description of all proposed
landscape materials which will be added to the site as part of the
development.
(3) A drainage plan of the developed site delineating in which direction and at
what rate storm water will be conveyed from the site and setting forth the
areas of the site where storm water will be allowed to collect.
(4) The proposed size, alignment and intended use of any structures to be
erected on the site.
(5) A clear delineation and tabulation of all areas which shall be paved or
surfaced, including a description of the surfacing material to be used.
(6) Any other information pertinent to the particular project which in the
opinion of the applicant is necessary for the review of the project.
1675.07. Plan Review Procedure.
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Subd. 1. Process. Plans meeting the requirements of Section 1675.06 shall be submitted
by the Public Works Director to the Planning Commission for review under Section
1675.08. The Commission shall recommend approval, approval with conditions, or
denial. Following Planning Commission action, the plan shall be submitted to the City
Council at its next available meeting. City Council action on the plan must be
accomplished within 120 days following the date the application is filed with the Public
Works Director.
Subd. 2. Duration. Approval of a plan shall expire one year after the date of approval
unless construction has commenced in accordance with the plan, unless the applicant
makes a written request to the Public Works Director for an extension of setting forth the
reasons for it. The Public Works Director shall make a decision on the extension within
30 days. The Public Works Director may grant one extension of not more than 12 months.
Any plan may be revised in the same manner as originally approved.
Subd. 3. Conditions. A plan may be approved subject to conditions related to the
requirements of this Section. Such conditions may, among other matters, limit the size,
kind or character of the proposed development, require the construction of structures,
drainage facilities, storage basins and other facilities, require replacement of vegetation,
establish required monitoring procedures, stage the work over time,require alteration of
the site design to insure buffering, and require the conveyance to the City or other public
entity of certain lands or interests therein.
Subd. 4. Securi1y. Prior to approval,the applicant shall execute an agreement in form
acceptable to the Council to construct any required improvements,to dedicate property or
easements, and to comply with any required conditions. The agreement must be
accompanied by cash or a letter of credit in form and amount determined by the Council
sufficient to secure performance of the applicant's obligations.
Subd. 5. Fees. All applications for plan approval shall be accompanied by a processing
and approval fee of$150.00.
1675.08 Approval Standards.
Subd. 1. Requirements. The standards contained in this Section must be met to the
degree required by the City Council.
Subd. 2. Site dewatering?. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers,hydro-calcines, swirl
concentrators or other controls as appropriate. Water may not be discharged in a manner
that causes corrosion or flooding of the site or receiving channels or a wetland.
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. Subd. 3. Waste and material disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous
materials) shall be properly disposed of off-site and not allowed to be carried by runoff
into a receiving channel or storm sewer system.
Subd. 4. Tracking. Each site shall have graveled roads, access drives and parking areas
of sufficient width and length to prevent sediment from being tracked onto public or
private roadways. Any sediment reaching a public or private road shall be removed by
street cleaning (not flushing) before the end of each workday.
Subd. 5. Drain inlet protection. All storm drain inlets shall be protected during
construction until control measures are in place with a straw bale, silt fence or equivalent
barrier meeting accepted design criteria, standards and specifications contained in the
Minnesota Pollution Control Agency publication "Protecting Water Quality in Urban
Areas".
Subd. 6. Site erosion control. The requirements of this subdivision apply only to
construction activities that result in runoff leaving the site.
(a) Channelized runoff from adjacent areas passing through the site shall be diverted
around disturbed areas, if practical. Otherwise, the channel shall be protected as
described below. Sheetflow runoff from adjacent areas greater than 10,000 square
feet in area shall also be diverted around disturbed areas,unless shown to have
resultant runoff velocity of less than 0.5 ft./sec. across the disturbed area for the
one year storm. Diverted runoff shall be conveyed in a manner that will not erode
the conveyance and receiving channels.
(b) All activities on the site shall be conducted in a logical sequence to minimize the
area of bare soil exposed at any one time.
(c) Runoff from the entire disturbed area on the site shall be controlled by meeting
either subsections 1 and 2 or 1 and 3.
(1) All disturbed ground left inactive for 14 or more days shall be stabilized
by seeding or sodding(only available prior to September 15) or by
mulching or covering or other equivalent control measure.
(2) For sites with more than+0 acres disturbed at one time, or if a channel
originates in the disturbed area, one or more temporary or permanent
sedimentation basins shall be constructed. Each sedimentation basin shall
have a surface area of at least I%of the area draining to the basin and at
least three feet of depth and constructed in accordance with accepted
design specifications. Sediment shall be removed to maintain a depth of
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three feet. The basin discharge rate shall also be sufficiently low as to not
cause erosion along the discharge channel or the receiving water.
(3) For sites with less than 10 acres disturbed at one time, silt fences, straw
bales, or equivalent control measure shall be placed along all side slope
and downslope sides of the site. If a channel or area of concentrated
runoff passes through the site, silt fences shall be placed along the channel
edges to reduce sediment reaching the channel. The use of silt fences,
straw bales, or equivalent control measure must include a maintenance and
inspection schedule.
(d) Amy soil oz dirt storage piles eontainhig mote thmi 10 etibie yards of inaterial
should not be located with a dovnislope drainage length of less than 25 feet fro
the toe of the pile to a roadway drainage chmmel. If remaining for more than
seven days,they shall be stabilized by mulching, vegetative cover,tarps or other
means. Erosion from piles which will be in existence for less than seven days
shall be controlled by placing straw bales or silt fence barriers around the pile. In-
street utility repair or construction soil or dirt storage piles located closer than 25
feet of a roadway or drainage channel must be covered with tarps or suitable
alternative control, if exposed for more than seven days, and the storm drain inlets
must be protected with straw bale or other appropriate filtering barriers.
Subd. 7. Storm water management criteria for permanent facilities. Storm water
Management criteria for permanent facilities shall be in conformance with the City's
Comprehensive Water Resource Management Plan dated June, 1997.
Subd. 8. Design standards. Storm water detention facilities constructed in the City of St.
Anthony shall be designed in conformance with the City's Comprehensive Water
Resource Management Plan dated June, 1997.
Subd. 9. Wetlands. Wetlands shall be maintained and protected in conformance with the
City's Comprehensive Storm Water Management Plan dated June, 1997.
Subd. 10. Steep slopes. No land disturbing or development activities shall be allowed on
slopes of 18%or more.
Subd. 11. Catch basins. When deemed necessary by the Public Works Director, all
newly installed and rehabilitated catch basins shall be provided with a sump area for the
collection of coarse-grained material. Such basins shall be cleaned when they are half
filled with material.
Subd. 12. Drain leaders. When deemed necessary by the Public Works Director, all
newly constructed and reconstructed buildings will route drain leaders to pervious areas
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wherein the runoff can be allowed to infiltrate. The flow rate of water exiting the leaders
shall be controlled so no erosion occurs in the previous areas.
Subd. 13. Inspection and maintenance. All storm water management facilities shall be
designed to minimize the need of maintenance, to provide access for maintenance
purposes and to be structurally sound. All storm water management facilities be
inspected and maintained in accordance with the City's Comprehensive Storm Water
Management Plan dated June, 1997. It shall be the responsibility of the applicant to
obtain any necessary easements or other property interests t allow access to the storm
water management facilities for inspection maintenance purposes.
Subd. 14. Models/methodologies/computations. Hydrologic models and design
methodologies used for the determination of runoff and analysis of storm water
management structures shall be approved by the Director of Public Works. Plans,
specification and computations for storm water management facilities submitted for
review shall be sealed and signed by a registered professional engineer. All computations
shall appear on the plans submitted for review, unless otherwise approved by the Director
of Public Works.
Subd. 15. Watershed management plans/Ground water management plans. Plans shall
be consistent with adopted watershed management plans and groundwater management
plans prepared in accordance with Minnesota Statutes Section 10313.231 and 103B.255
respectively, and as approved by the Minnesota Board of Water and Soil Resources in
accordance with the state law.
Subd. 16. Easements. If a plan involves direction of some or all runoff off of the site, it
shall be the responsibility of the applicant to obtain from adjacent property owners any
necessary easements or other property interests concerning flowage of water.
''C` ''`."E k° 1 'i" ."r`:-,',• ° „¢''rte 'y ;Y-'a„=,. =r�'., .a t• �:�.r
Subd 17 ,I:awn FertilizeiEducation: T1aepCity sfiall "intheir uarterly�Newsletter;have
;tt��`i%s�. , �e; •. - f L�..n 4j?rd,,. -' �` 're�..� `"•k,:�3'T- .e, dam..,.
an article oi%the haririful imp"acts to'tlie`environmen by doing any 9yme� ollowing,.
w, x - e ,x .. . ,, ,.
'�; �.eCf„"�.'�" =:r� � €«:,",;':„�,w",'-:.�''�'',�4;:"�-;x;;T'',�-'��a+�"x�s''"3-',•�*�,:y �c��'��r' �
Applyixn- g fertilizer, grass clippings leaves m'etc: iii any�sform`dramage7areabi,,nadir
drainage�area�„and;,m;addition,�to�di'scusstlie'iberiefits�of�usuigiferti izer�coritairiing;�le's`
thethree,�percent:'by,>uveglitof�phos'h�p oras;
1675.09. Other Controls. In the event of any conflict between the provisions of this Section and
the provisions of any other ordinance of the City,the more restrictive standard prevails.
1675.10. Severability. The provisions of this Section are severable. If any provision of this
Section or the application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Section which can be given effect without
the invalid provision or application.
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1675.11.
41675.11. Effective Date. This ordinance shall be effective date of its publication.
First Reading: November 10, 1998
Second Reading:
Adopted:
Mayor:
ATTEST:
City Clerk
Published in St. Anthony Bulletin on: , 1998
16
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VIII. ACTION REQUEST.
•`,sets •oo�i ACTION 3108 Bell Lane,St.Anthony Village, MN 55418,Phone: 612-706-1185 /� s
V r
November 5, 1998
' Michael Larson
�••�.�•' Liquor Operations Manager, SAV Liquor Store
3802 Silver Lake ,
Board ofDimcsors: St. Anthony, MN 55421
Jane Berg
Bonnie Brever Dear Mr. Larson,
Sally Cain
Dennis Cavanaugh In the past year, there has been a surge of energy among parents,
schools, city council, police, business and civic groups working to
Dale Gunderson increase the odds that every young person in our community has the
Phil Hoversten support, information and opportunities he or she needs to grow up
Glenn Seefeldt successfully.
June Sruhr
George Wagner Due to the action of many of these people, we have plans for new
initiatives in our community of the St. Anthony-New Brighton School
District; plans that will help reduce alcohol, tobacco and drug use
i`bi'c` among teens, plans that will increase intergenerational interaction,
Think lank plans that will increase useful information flowing to adults and youth
Eric Berkeland in this community.
Nancy Gonzalez
Karen Johnson At this point, we are ready to take action. What we need from you
Barry Kinsey is help in the form of financial support. We ask that SAV Liquor Store
would help us by making a tax deductible donation of $150.00 to
onna Osteraas help us in our efforts.
Parti Sausser
Kathy Stroncek The reason for our initiative is simple. We want all kids to thrive.
Eric Weatherman Despite all of our efforts to encourage young people, they are still
Sharon Walker making unhealthy choices. Many are using and abusing tobacco,
alcohol and illicit drugs, too many are drinking and driving, too many
Outreach Team are involved in anti-social behavior. According to a 1996 survey of
our students done by Search Institute, a nationally recognized
Dave Abrahamson research organization, 40% of 12th graders have been involved with
Dale Gunderson at-risk behaviors of alcohol or drug use or both. This is just one of
Phil Hoversten several alarming statistics that comes out of the survey.
Frank Loreno
George Wagner One of the advantages of being a small community is our ability to
work together to tackle the problems that we face. We are
Coordinator
currently working on the following tasks:
Amy Sparks • Adult Focus Groups
Phow: 706-1185 • Teen-led Youth Focus Groups
URL:www.stanthony • Creating local diversion programs
112.mn.udaction.html • Examining recreational opportunities for youth
• Sponsoring an Intergenerational DialogueTM
cw;:�C:Nvi
ACTION is part of Sea:lastrtute,s national Hathv Comrnunrhes•Healthv Youth r"network.For more information on the national initiative,call 1-800.888-7828.
4- to
We have hired the services of Dr. Susan Gehrz, of Intergenerating Resources, to provide us
with the structure and training to carry out the Intergenerational Dialogue, to conduct the
youth and adult focus groups, and to help us summarize and utilize the results. Training of the
focus group facilitators has been completed and the focus group process is under way. Teen
facilitators will be compensated for their time. Adult focus group facilitators are all
volunteers.
This activity is underway because of generous donations of volunteer time and energy but the
need for limited amounts of professional staff is essential to support and focus the volunteers
in their efforts. Your contribution will enable us to make that possible.
Please consider making a contribution of $150.00, or whatever,you can afford, to ACTION in
support of these efforts. Our 501 C3 tax status means your contribution is-tax deductible.
If you have questions, please feel free to call Amy Sparks, Executive Director of ACTION at
788-7946.
Sincerely;
Glen Seefeldt, stor Nativity Lutheran Church Shelly Freeman, Wellness Coordinator
Chair, ACTION School District 282
j
s, cutive Director, ACTION Ja Eckert, Distri School Board
o un a ing Co-Chair of isinvan gh Bo Fo er, Attorn y at Law
ny Village City Coun it St. hony Cham r of Commerce
Chair, Adult-Focus Group Task Force r, outh Fo Task Force
e,���• • ,���' ACTION 3108 Bell Lane,SL Anthony Village,MN 55418,Phone:612-706-1185 q—
•
November 5, 1998
., .•' Clarence Ranallo
'''��•�•' ' Mayor, City Of Saint Anthony
3301 Silver Lake Road NE
Board of Directors: St. Anthony, MN 55418
Jane Berg
Bonnie Brever Dear Mayor Ranallo,
Sally Cain -
Dennis Cavanaugh In the past year, there has been a surge of energy among parents,
schools, city council, police, business and civic groups working to
Dale Gunderson increase the odds that every young person in our community has the
Phil Hoversten support, information and opportunities he or she needs to grow up
Glenn Seefeldt successfully.
June Stuhr
George Wagner Due to the action of many of these people, we have plans for new
initiatives in our community of the St. Anthony-New Brighton School
District; plans that will help reduce alcohol, tobacco and drug use
� among teens, plans that will increase intergenerational interaction,
Thbininkk Tank plans that will increase useful information flowing to adults and youth
Eric Berkeland in this community.
Nancy Gonzalez
Karen Johnson At this point, we are ready to take action. What we need from you
#Barryon r Osteraas Kinsey is help in the form of financial support. We ask that City Of Saint
Anthony would help us by making a tax deductible donation of
$250.00 to help us in our efforts.
Patti Sausser
Kathy Stroncek The reason for our initiative is simple. We want all kids to thrive.
Eric Weatherman Despite all of our efforts to encourage young people, they are still
Sharon Walker making unhealthy choices. Many are using and abusing tobacco,
alcohol and illicit drugs, too many are drinking and driving, too many
Outreach Team are involved in anti-social behavior. According to a 1996 survey of
Dave Abrahamson our students done by Search Institute, a nationally recognized
research organization, 40% of 12th graders have been involved with
Dale Gunderson at-risk behaviors of alcohol or drug use or both. This is just one of
Phil Hoversten several alarming statistics that comes out of the survey.
Frank Loreno
George Wagner One of the advantages of being a small community is our ability to
work together to tackle the problems that we face. We are
Coordinator currently working on the following tasks:
Amy Sparks • Adult Focus Groups
Phoma 706-1185 • Teen-led Youth Focus Groups
URI:www.stanchon}, • Creating local diversion programs
112.mn.udaccionlmd • Examining recreational opportunities for youth
• Sponsoring an Intergenerational DialogueTM
o
1sN,n�s totrr>H
ACTION is part of Search Inshtute's national Healthu Cwmnundtes•Heclthv Youth Tunetwork.For more mforrnation on the national nutiahve,call 1-800-888-7826.
We have hired the services of Dr. Susan Gehrz, of Intergenerating Resources, to provide us
with the structure and training to carry out the Intergenerational Dialogue, to conduct the
youth and adult focus groups, and to help us summarize and utilize the results. Training of the
focus group facilitators has been completed and the focus group process is under way. Teen
facilitators will be compensated for their time. Adult focus group facilitators are all
volunteers.
This activity is underway because of generous donations of volunteer time and energy but the
need for limited amounts of professional staff is essential to support and focus the volunteers
in their efforts. Your contribution will enable us to make that possible.
Please consider making a contribution of $250.00, or whatever you can afford, to ACTION in
support of these efforts. Our 501 C3 tax status means your contribution is tax deductible.
If you have questions, please feel free to call Amy Sparks, Executive Director of ACTION at
788-7946.
Sincerel ,
Glenn Seefeldt, astor Nativity Lutheran Church Shelly Freeman, Wellness Coordinator
Chair, ACTION School District 282
I
Amy S ar s, xecutive Director ACTION J Eckert, District 282 School Board
C f Fund ing C - hair 4TaskForce
is Cavan gh Bob Fo er, Attorn
thony Village City Cou it St. Ant ny Cha erce
Chair, A t-Focus Group Task Force Chair ou us
IX. UPDATE ON WATER QUALITY TASK FORCE.
• MEMORANDUM
DATE: November 6, 1998
TO: Mayor and Councilmembers
FROM: Michael Mornson, City Manager
ITEM: WATER QUALITY TASK FORCE
The City of St. Anthony is organized for the benefit of all of its citizens. The City Council is
considering appointing a Task Force of its citizens to examine water quality issues on Silver
Lake. .
The purpose of the Task Force is as follows:
• Study water related issues for the entire community
• Develop ways to improve water quality on Silver Lake
• Work with all government units on the diagnostic feasibility study for Silver Lake
• Recommend ordinance and policy changes for City Council consideration for water
quality improvement
The Task Force will
• be appointed by the City Council for a 12 month period
• serve at the pleasure of the Council
• consist of five residents, three of which will reside in St. Anthony; one from Columbia
Heights; and, one from New Brighton. (if Columbia Heights and New Brighton are not
interested in participating in the Task Force, members would then consist of five St.
Anthony residents, one of whom resides on Silver Lake
If City staff is needed, either the Public Works Director, City Engineer, or their designee-shall
assist the Task Force.
The Task Force schedule of meeting dates, times, and frequency shall be determined at their
first meeting.
. Anyone interested in being a member of the Water Quality Task Force may submit a letter of
interest by Friday, December 18, 1998, to City Manager Michael Morrison, 3301 Silver Lake
Road, St. Anthony, MN 55418.
50
CMithlia e
AdmJntstraHve Offices
3301 Silver Lake Road, St. Anthony; Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
November 6, 1998
Matt Fulton
City Manager
803 -5'Avenue NW
New Brighton, MN 55112-2792 .
Dear Nfi - -aftvu:
The City of St. Anthony is in the process of forming a Water Quality Task
Force as described in the attached memo. We would be pleased if a member of
your City would be interested in participating on the Task Force.
If there is any interest, please let me know by December 18, 1998. My phone
number is 706-1325. Thank you for your consideration.
Sincerely,
Michael J. Mornson
City Manager
58VOWMa
e
Adminlstratfve Offices
3301 Silver Lake Road, St. Anthony,.Minnesota 55418-1699
.(612) 789-8881 FAX (612) 781-9323
November 6, 1998
Walter Fehst
City Manager
590 - 40th Avenue NE
Columbia Heights, MN 55421-3878
Dear-Mr. FehstL3 Fk\�—
The City of St. Anthony is in the process of forming a Water Quality Task
Force as described in the attached memo. We would be pleased if a member of
your City would be interested in participating on the Task Force.
If there is any interest, please let me know by December 18, 1998. My phone
number is 706-1325. Thank you for your consideration.
Sincerely,
Abficie#1. Morrison
City Manager
5z
December 8, 1998
Mike Morrison
St. Anthony City Manager
3301 Silver Lake Road
St. Anthony, Minnesota, 55418
Dear Mr. Mornson,
I am writing to inform you of my interest to be on the newly appointed Water
Quality Task Force to examine water quality issues on Silver Lake.
I feel I would be a good canidate. I am presently secretary of the Silver Lake
Residents' Association, and next year I, and my husband, will be the presidents. I
have been gathering information on the water quality/feasibily study and have had
much contact with Kate Drewry from Rice Creek Watershed. I also have talked to
the DNR and Ramsey County on various lake issues. I have a great interest in
keeping Silver Lake healthy.
Please consider me for this Task Force. Thank you.
Sincerely,
Patti Sausser
2905 Silver Lake Ct.
St. Anthony, Minn. 55421
tele# 789-9663
X. REPORT ON STATUS OF TAX INCREMENT
FINANCING.
53
MEMORANDUM
DATE: December 15, 1998
TO: Mayor and Councilmembers
Planning Commission Members
FROM: Michael Mornson, City Manager
ITEM: TIF SUMMARY
The following is a list of additional possible expenditures authorized by the St. Anthony City
Council and HRA at their November 12, 1996 meeting.
Funds that Could Be
Project Activity Authorized Status
Redevelop vacant property between Industrial $233,000 No activity
Custom Products and the Amoco Station on
37`h Avenue NE
Bridge work along Silver Lake Road between $100,000 Project scheduled
37`h Avenue NE and Silver Lane for 1999/2000
Old Clark Station property redevelopment on $40,000 Project completed,
only $30,000 needed
Redevelopment bowling alley property on $40,000 No activity
Kenzie Terrace
Redevelopment St. Anthony Shopping Center area $60,000 No activity
along New Brighton Boulevard and Kenzie Terrace
Redevelop vacant lots by Twin City Federal $75,000 No activity
Redevelop 10 residential lots by Kenzie plus add $1.3 million Have purchased 3
Kentucky Fried Chicken, pizza, video properties homes, spent
and Firstar lot $250,000
Redevelop Apache Plaza area $820,000 Spent $300,000 on
CUB Foods project
TIF Summary
i1 Page 2
Funds that Could
Project Activity Be Authorized Status
Community Center site work $100,000 Project complete
issued bonds,
$100,000 used
Street scape within the City (new) $250,000 No activity
Expenditure total $3,018,000 $680,000 (funds
used)
Funds remaining that could be used
based on the TIF plan $2,338,000
Total funds available based on
Springsted study $3,706,000
$1,368,000 additional
In June, 1995 the City amended their Redevelopment Plan and as a result, the following
activities have occurred.
Project Money Authorized
Evergreen Twin Homes $150,000
12 valued between $160,000 to $180,000
$1.9 million
Arbors Townhomes, $260,000
16 valued at $180,000
$2.9 million
Industrial Custom Products, $125,000
valued at $1.2 million
plus 65 jobs
Apache Plaza $300,000
$4.5 million, CUB Store plus 250 jobs plus $1.5 million in bond proceeds
Community Center $2.65 million
bonds issued
The City invested $835,000 in the 4 redevelopment projects from the 1995 amendment and
will increase or retain value of$10,500,000 and 3154 jobs will be created.
55
. TIF Summary
Page 3
Benefits of Using TIF in this Manner
1. Less cost to taxpayer by not having to set up new district.
2. Less cost to taxpayer by not being penalized LGA.
3. Less cost to taxpayer by not having to issue bonds.
4. Immediate gain in tax value to some properties not in the district.
Status of Existing TIF Districts
TIF Tyne Increment Terminates
*Chandler Housing $240,000 per year 2010
*Kenzie Terrace Housing $461,910 debt until 1999 2008
Evergreen Townhomes Housing $59,000 2001
Walbon Housing $35,000 debt until 2001 2011
Apache Plaza Commercial ----- 2018
*The Chandler and Kenzie Terrace districts are the districts the City is using for the
itexpenditures.
Apache Plaza
5 CP
Village Properties
2500-39th Avenue NE #230
Minneapolis, MN 55421
.':
December 15, 1998
Mike Mornson
City of St. Anthony
3300 Silver Lake Road
St. Anthony, MN 55418
Dear Mike,
As you know, our Company continues to own the land to the east of
the Industrial Custom Products building up to the Amoco station on
37th avenue NE. About two years ago, this property was listed for
sale, or as a build to suit site, with Roll Real Estate. While
this listing expired over one year ago, Roll 's sign remained on
the property until about two weeks ago when we replaced it with
our own sign. Since then,I have received three calls from parties
showing interest. From this, I conclude that there probably has
been other interest in the property which did not get past Roll.
Also, it is my feeling that with the recent indication of some
further development at Apache and with the Amoco facility becoming
a less viable business, a possible combined site at that location
may attract increased interest in the near future. I will be
checking with Amoco on the status of their property.
As you will recall, we did soil boring tests on our land and
determined that certain soil correction actions would needed for
development to occur. The cost of soil correction, either in the
form of excavation or building piling is estimated in the $200,000
range. Obviously, this is in addition to normal building costs,
and makes development significantly more difficult to accomplish
without City assistance for soil correction.
Accordingly, we request the City to continue to consider this site
for involvement as development opportunities occur in the future.
Th Yo
t
Kenneth Solie
City of St. Anthem , Minnesota Ex%A
Summary of Existing Tax Increment Financing (TIF) Districts
1 2 3 4 5 6
City TIF# 1950 1952 58 7C 9G 1 H
County TIF# 1950 1952 Hsg.#3 2 3 4
County Hennepin Hennepin Ramsey Ramsey Ramsey Ramsey
School District# 282 282 282 282 282 282
Name/Description Kenzie Walbon Chandler Evergreen Apache Hellickson
Dental
Type of TIF District Housing Red. Housing Soils Cond. Red. Red.
Date Certification Requested 6/28/82 7/9/85 10/10/85 10/2/89 4/26/93 4/26/93
Date Certified 9/28/82 8/19/85 10/23/85 6/8/90 10/18/93 10/18/93
1 st Year Increment Collected 1983 1987 1986 1990 1997 1995
Last Year of District(Estimated) 2008 2011 2010 2009 2018 2018
Base Inflation Factor(if applicable) NA NA NA NA NA NA
Current Tax Rate 133.770% 134.600% 140.929% 140.929% 140.929% 140.929%
Frozen Tax Rate NA NA NA 109.393% 132.452% 132.452%
Current Net Tax Capacity(a) 369,360 36,081 134,704 63,866 405,152 23,022
Less: Base Net Tax Capacity 36,633 4,509 29,292 858 307,130 3,176
Less: Fiscal Disparities 0 0 0 0 0 0
Equals: Retained Captured NTC 332,727 31,572 105,412 63,008 98,022 19,846
Times:Applicable Tax Rate(b) 133.770% 134.600% 140.929% 109.393% 132.452% 132.452%
Equals:Tax Increment 445,089 42,496 148,556 68,926 129,832 26,286
Projected Tax Increment(c) 409,482 37,396 136,672 60,655 114,252 23,132
(a) The NTC values shown above are as assessed in 1997 for taxes payable in 1998.
(b) Lessor of the current and frozen rate. �I
(c) Tax increment is estimated for class rate changes effective payable 1999.
Prepared by: Springsted Incorporated (11/23/98)
Ey -GI
City of St. Anthony, Minnesota
Tax Increment Financing(Housing)District No.1950
Kenzie (Annual Transfer to Apache and Chandler)
TIF 91950 Less: Less,
Tax Annual Projected Admin. Auditor Annual Transfer Transfer Annual Maximum
Collection Period Tax Expenses Deduction Net To To Surplus Cumulative Pooling
Year Ending Increment 10.00% 0.25% Revenue TIF#58 TIF#9G (Defich) Balance 100.00%
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1997 02/01/98 1,007,647
1998 02/01/99 445,089 44,398 1,113 399,578 0 0 399,578 1,407,226 443,976
1999 02/01/00 409,462 40,846 1,024 367,612 0 0 367,612 1,774,838 408,458
2000 02/01101 409,482 40,846 1,024 367,612 0 27,913 339,699 2,114,536 408,458
2001 02/01/02 409,482 40,846 1,024 367,612 42,385 91,224 234,003 2,348,539 408,458
2002 02/01/03 409,482 40,846 1,024 367,612 113,145 90,146 164,320 2,512,860 408,458
2003 02/01/04 409,462 40,846 1,024 367.612 115,495 93,801 158,315 2,671,175 408,458
2004 02/01/05 409,482 40,846 1,024 367,612 117,215 91,271 159,125 2,630,300 408,458
2005 02/01106 409,482 40,846 1,024 367,612 113,285 93,449 160,878 2,991,178 408,458
2006 02/01/07 409,482 40,846 1,024 367,612 113,925 89,824 163,863 3,155,041 408,456
2007 02/01/08 409,482 40,846 1,024 367,612 118,860 90,764 157,968 3,313,009 408,458
2008 02/01/09 409,482 40,846 1,024 367,612 117,880 90.619 158,913 3,471,922 406,458
2009 02/01/10 0 0 0 0 116,150 89,969 (206,119) 3,265,803 0
2010 02/01/11 0 0 0 0 0 93,269 (93,269) 3,172,534 0
2011 02/01/12 0 0 0 0 0 90,234 (90,234) 3,082,300 0
2012 02/01/13 0 0 0 0 0 91,234 (91,234) 2,991,066 0
2013 02/01/14 0 0 0 0 0 0 0 2,991,066 0
4,539,907 452,855 11,353 4,075,698 968,363 1,123,916 1,983,419 4,528,554
(1)Collection year of tax Increment.
(2)Annual period ending date. City# 1950
(3) Projected tax Increment revenues from TIF District#1950(as per Hennepin County). County# 1950
(4) Maximum Administrative Expenses(as per TIF Plan). School District 282
(5)Auditor deduction(as per MN Statute). Type Housing
(6)Total annual net revenue (3)-(4)-(5). Name/Description Kenzie
(7)Transfer to TIF#58. Certified 9/28/82
(8)Transfer to TIF#9G. 1st Collection 1983
(9)Annual cash flow(6)-(7)-(8). Last Collection 2008
(10) 12/31/97 ending balance Including Interest earnings-2/1/98 debt service payments(as per City). Base Inflation% NA
(11) Maximum Pooling allowed Including Administrative Expenses(as per MN Statute). TC Rate% 133.7700r
TC Rate(Pay.Year) 1998
i
XII. HOUSEKEEPING RESOLUTIONS.
•
•
s �
CITY OF ST. ANTHONY
RESOLUTION 99-001
A RESOLUTION DESIGNATING MAYOR PRO TEM
FOR THE CALENDAR YEAR 1999
BE IT RESOLVED, by the City Council of the City of St. Anthony that
is designated as Mayor Pro Tem for the year 1999.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
RESOLUTION 99-002
A RESOLUTION SPECIFYING PERSONS AUTHORIZED
TO MAKE CERTAIN TRANSACTIONS REGARDING
CITY FINANCIAL ACCOUNTS
BE IT RESOLVED by the City Council of the City of St. Anthony that the Mayor
(Clarence J. Ranallo), City Manager (Michael J. Mornson), and Finance Director
(Roger A. Larson, Sr.)are authorized to make approved transfers and deposits and
approved transactions of City funds in the various City accounts and that their
names are to appear on signature cards at various financial institutions approved by
the City.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
RESOLUTION 99-003
A RESOLUTION DESIGNATING LEGAL NEWSPAPER
FOR THE CALENDAR YEAR 1999
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota,
that the , a legal newspaper of general
circulation in the City, be hereby designated as the official newspaper of the City
for 1999 in which shall be published such measures and matters as are by-laws of
this State and City Code required to be published; and such other matters as the
Council may deem advisable and in the public interest to have published.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
L1«IE SllblJRbAN NrmsPA ER 2515 E
P E.Seventh Ave,Avei qua
North St. Paul, MN 55109
(651) 777-8800
Mike Morrison November 4, 1998
City Manager
St. Anthony City Offices
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Mornson:
Thank you for the opportunity to bid on public notice publication services for the City of St.
Anthony. The Bulletin has been serving the needs of the St. Anthony area for 23 years, and is pleased
to provide ongoing coverage of city government and school issues and community events.
Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was
founded in 1938 by the late T. R. Lillie. His son, N. Theodore Lillie, and grandson, Jeffery Enright,
are continuing the family tradition of publishing award-winning community newspapers in the St.
Paul suburbs.
It is our sincere desire to provide the best possible local news coverage in the St. Anthony area.
Our experienced news staff provides readers with a well-balanced, lively and informative product each
week. We realize that St. Anthony area residents look to the St. Anthony Bulletin as one of their
primary sources of information about city activities and meetings, and we will continue to publish the
city's press releases and photos.
Lillie Suburban Newspapers has the official designation of the neighboring communities of
Mounds View and New Brighton, along with Mounds View School District 621.
Noon Friday is the deadline each week for submitting public notices to our office. Late public
notices are accepted up to 10 a.m. Monday for the Wednesday newspaper. Public notices should be
directed to Barbara Wahl, St. Anthony Bulletin, P.O. Box 120608, New Brighton, MN 55112. Our fax
number is 651/633-3846. Notices may also be sent via e-mail to lillnews@wavetech.net
Legal publication rates for minutes, advertisements for bids and other notices are as follows:
$4.55 per column inch for a one-time publication
$3.61 per column inch for each additional publication
Thank you for considering the St. Anthony Bulletin as the official legal newspaper for the City of
St. Anthony for 1999. If you have any further questions, don't hesitate to call us.
Sincerely,
e Enright
Co �ubliissher
N. Theodore Lillie "
Co-Publisher
RAMSEY COUNTY REVIEW—MAPLEWOOD REVIEW—OAKDALE-LAKE ELMO REVIEW—NEW BRIGHTON BULLETIN
[NL
iE'WES SHOREVIEW BULLETIN — ST. ANTHONY BULLETIN — SHOPPING REVIEW — EAST SIDE REVIEW
EROSEVILLE REVIEW — SOUTH-WEST REVIEW — WOODBURY-SOUTH MAPLEWOOD REVIEW
�3
Focus News
December 4, 1998
Mr. Mike Momson
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mike:
We would be pleased if you would consider the Focus News as the City of St.Anthony's official newspaper for
the year 1999 at your City Council Meeting. We value the city's legal business very much and would like the
opportunity to serve you.
For several years we have increased the rate for legals as minimally as possible and last year we did not increase
the rate at all. We will once again hold last year's rate for the coming year. The rates would be as follows:
1 column width: $0.45 per line - first insertion ($4.95 per col. in.)
$0.35 per line - subsequent insertions ($3.85 per col. in.)
2 column width: $.90 per line - first insertion ($9.90 per col. in.)
$.70 per line - subsequent insertion ($7.70 per col. in.)
Notarized affidavits will be provided for each of your publications. We endeavor to print each legal accurate
and to follow any written specifications you may have included with your legal. All publications should be
received in our office by Friday at noon preceding our Thursday publications. In order to expedite our service to
you,please direct your legal notices to Focus News, attention Linda McIntyre,Legal Publications,2819 Hamline
Avenue N, Roseville, MN 55113. We prefer legals not be faxed. We are having great success using E-mail or
a disk and transferring information into our computer system. These procedures have made this year's legal ads
error free which is what we all strive for in a legal publication. If you have budget reports or anything done on
a spread sheet, we will still continue to use your hard copy and reduce your original to fit our paper's size; there-
fore, no disk is needed. If you have any questions or are in doubt on a specific legal, please give Linda a call at
651-633-3434. Our e-mail address is: info@focusnews.com.
Thank you for considering the Focus News as your official newspaper for the upcoming year. We would be
honored and pleased to serve you and look forward to a mutually beneficial working relationship with the City
of St. Anthony.
ely,
L46L_,�
Richard Roberts
Publisher
Focus News 10
2819 Hamline Avenue N, Roseville, MN 55113 - 651-633-3434 - Fax 651-633-9550
(o
CITY OF ST. ANTHONY
RESOLUTION 99-004
A RESOLUTION ESTABLISHING MARCH 15, 1999
AS CUT-OFF DATE FOR RECEIVING PETITIONS
FOR PUBLIC IMPROVEMENTS
WHEREAS, the City Council of the City of St. Anthony has considered its
construction program; and
WHEREAS, the City Council deems it necessary to establish a time limit on the
requests for public improvements so as to insure adequate time to
comply with the improvement procedures as established in the
Minnesota State Statutes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St.
Anthony hereby establishes March 15th as the final day for accepting petitions for
public improvements to be included in the 1999 construction program.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
RESOLUTION 99-005
A RESOLUTION DESIGNATING THE OFFICIAL
DEPOSITORY FOR CITY FUNDS
BE IT RESOLVED by the City Council of the City of St. Anthony, that the Firstar
St. Anthony Bank is hereby designated as a depository for the funds of the City and
that said bank shall also be the bank for this City with respect to any/all other
banking services required or used by this City.
FURTHER RESOLVED, that this notice shall continue in force until December
31, 1999, or until written notice of its recision or modification has been received
by said bank.
FURTHER RESOLVED, that said bank deposit such securities in the amount and
in the manner required by law.
FURTHER RESOLVED, that the Finance Director be authorized to accept such
securities as collateral as required by law, and that said collateral be held at the
Firstar St. Anthony Bank for safekeeping.
FURTHER RESOLVED, that the City Clerk shall transmit to the Firstar St.
Anthony Bank a copy of this resolution.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
Co �P
CITY OF ST. ANTHONY
RESOLUTION 99-006
A RESOLUTION DESIGNATING A PUBLIC HEALTH OFFICER
BE IT RESOLVED by the City Council of the City of St. Anthony that
is designated as the Public Health Officer for
the City of St. Anthony.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
7
CITY OF ST. ANTHONY
RESOLUTION 99-007
A RESOLUTION ACKNOWLEDGING MAYOR CLARENCE RANALLO
AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, that the St. Anthony City Council hereby acknowledges
Mayor Clarence Ranallo as a participant in the following outside organizations:
North Suburban Cable Television Commission
St. Anthony Chamber of Commerce
Alternate to St. Anthony Merchants
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
� 8
CITY OF ST. ANTHONY
RESOLUTION 99-008
A RESOLUTION ACKNOWLEDGING COUNCILMEMBER GEORGE
MARKS AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, that the St. Anthony City Council hereby acknowledges
Councilmember George Marks as a participant in the following outside
organizations:
St. Anthony Orchestra
Sister Cities
Light Rail Transit
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
(o
CITY OF ST. ANTHONY
RESOLUTION 99-009
A RESOLUTION ACKNOWLEDGING COUNCILMEMBER
JERRY FAUST AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, that the St. Anthony City Council hereby acknowledges
Councilmember Jerry Faust as a participant in the following outside organizations:
League of Minnesota Cities
(State Legislative Policy Committee)
Alternate North Suburban Cable Commission
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
� o
CITY OF ST. ANTHONY
RESOLUTION 99-010
A RESOLUTION ACKNOWLEDGING COUNCILMEMBER DENNIS
CAVANAUGH AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, that the St. Anthony City Council hereby acknowledges
Councilmember Dennis Cavanaugh as a participant in the following outside
organizations:
Association of Metropolitan Municipalities
VillageFest, Inc.
. ACTION
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
CITY OF ST. ANTHONY
RESOLUTION 99-011
A RESOLUTION ACKNOWLEDGING COUNCILMEMBER BRIAN
THUESEN AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, that the St. Anthony City Council hereby acknowledges
Councilmember Brian Thuesen as a participant in the following outside
organizations:
St. Anthony Merchants
Friends of the St. Anthony Library
Community Services Advisory Council
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
-7z
CITY OF ST. ANTHONY
RESOLUTION 99-012
A RESOLUTION APPROVING SUBMITTAL OF THE 1999
HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT APPLICATION
WHEREAS, Hennepin County has made a portion of its Municipal Recycling
Grant revenues available to the City for its municipal source-
separated recyclables program; and
WHEREAS, the City of St. Anthony has completed the required grant
application; and
WHEREAS, the funds would be used for the City's source separated recyclables
program.
. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St.
Anthony hereby approves the submittal of the 1999 Hennepin County Municipal
Recycling Grant application and entering into a contract for this program.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
XIII. LIST OF FUTURE AGENDA ITEMS.
. . , 73
Meeting Date Meeting Type Item/Issue
January 5 Work Session 1. Richard Krier of RLK will report on the St. Anthony
Shopping Center November 5 meeting
2, Update on flood mitigation projects with WSB.
3. WSB contract
4. Res., 3 street improvement projects
-Call for hearing for 1999 street improvements
-Declare assessed cost
-Call hearing for proposed assessment
5. Review storm water ordinance
6. Water Quality Task Force update
7. ACTION request
8. TIF report
9.Reminder of Goal Setting retreat
Res., 12 annual housekeeping resolutions (i.e., Mayor Pro
Tem; legal newspaper, Council's participation in outside
organizations; etc.)
January 12 Regular Political signs (3`d reading)
Housekeeping resolutions
Storm water ordinance (2nd reading)
Planning Commission report of 12/15 meeting
Res., 3 street improvement projects
-Call for hearing for 1999 street improvements
-Declare assessed cost
-Call hearing for proposed assessment
Present Appreciation plaques to G. Thompson and G.
Wagner
January 22-23 Special Work Goal setting retreat
Session
January 26 Regular Storm water ordinance (3`d reading)
Planning Commission report of 1/19 meeting
Parks Commission report of 1/11 meeting
February 2 Work Session Y2k meeting with Department Heads
Review rates for utility funds
February 9 Regular Public hearing for 1999 street improvement project and
assessments, award bid, call for bond sales
s r
75
February 23 Regular
March 2 Work Session Tentative - hold joint meeting with School Board, 6:00
PM to 7:15 PM;
Work session to start 7:30 PM
March 9 Regular Award sale of bonds for 1999 street improvement project
t
XIV. OTHER BUSINESS.
•
•
• MARTY P02 /
12/1!3/9$ (COUNSEL J CBS SCS999
1 A bili for an act
2 rolating to liquor; modifying time of day restriction
3 for the off-sale of Intoxicating liquor in municipal
4 liquor stores in the city of St. Anthony.
5 BE IT r•NACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
. 6 Suction 1. [CITY OF ST. ANTHONY; OFF-SALE HOURS-]
7 Notwithstanding any other law, the city of St. Anthony may
8 by Rrd:nance permit the off-sale of intoxicating liquor at its
9 municival liquor store until 10:00 P.M. on Monday through
10 Saturday.
it Svic. 2. (EFFECTIVE DATE.]
12 84:ction 1 is effective u on approval by the St. Anthony
13 city council and compliance with Minnesota Statutes, section
14 645.021.
1
1 CITY OF ST. ANTHONY
2 WORKSESSION MINUTES
3 December 1, 1998
4 7:00 p.m.
5
6
7 I. CALL TO ORDER.
8 Meeting called to order at 7:00 p.m.
9
10 II. ROLL CALL.
11 Councilmembers Present: Ranallo, Marks, Faust, Cavanaugh, and Thuesen.
12 Councilmembers Absent: None.
13 Also Present: Michael Morrison, City Manager; Kim Moore-Sykes, Management Assistant;
14 Roger Larson, Finance Director; Bob Thistle, Springsted, Inc; Rand Winspear, Jurant &
15 Moody.
16
17 III. DISCUSSION OF THE TIF ISSUE.
18 The City Manager reported on issues that have had an impact on TIF. Bob Thistle,
19 Springsted, Inc. discussed the status of the City's TIF districts. He indicated that changes to
20 the State's tax capacity law passed by the legislature have caused reductions to the TIF revenue
21 base. Thistle reported that these changes have caused a deficit in the Apache and Chandler TIF
22 Districts. He reported that despite these reductions, the City will be okay because of the
23 ability to pool funds and presented a summary of the City's existing TIF districts. He said that
24 any reduction or deficit status is due because of the changes to the tax law and property re-
s classification to the Chandler TIF District.
26
27 The City Manager reviewed the TIF summary memo highlighting proposed redevelopment
28 activities dated September 1996. Councilmember Thuesen asked how often this document is
29 reviewed. The City Manger responded that it is reviewed whenever the City Council requests
30 it. The Council directed the Finance Director and Mr. Thistle to continue the analysis of the
31 TIF districts.
32
33 IV. PERFORMANCE REPORT ON INVESTMENT PORTFOLIO.
34 The Finance Director reported on the investment tools that are, by state statute, allowed to be
35 used by cities. He introduced Rand Winspear, Jurant & Moody, a City's consultant that
36 advises municipalities on financial investments. He reiterated that cities have no discretion
37 regarding investment tools. He reported that good municipal cash management insures that
38 there are sufficient funds for employee payroll and operating expenses and that the balance is
39 invested.
40
41 Councilmember Cavanaugh requested he get investment spreadsheets more often than yearly.
42 Councilmember Faust asked if this spreadsheet could be in the form of an executive summary.
43 Councilmember Cavanaugh indicated that the format was not important but that he wanted the
44 investment summary for review.
45
016 V. DISCUSSION ON UTILITY FUND/NON-OPERATING REVENUES.
. . . .
1 The Finance Director reported in answer to Councilmember Cavanaugh, that non-operating
2 revenues do not subsidize water and sewer rates. He indicated that he will recommend to the
3 auditor that his report be clearer on this issue. Councilmember Cavanaugh disagreed stating
4 that the sewer fund is loosing $107,000, that the audit sheet does not report this fact clearly. '
5 Mayor Ranallo asked if Councilmember Cavanaugh feels the audit report is not correct.
6 Councilmember Cavanaugh stated that it is correct, but it is not stated like other professional
7 audits. Mayor Ranallo responded that if the sewer fund is in deficit of$100,000, than the City
8 will need to raise sewer rates. Council directed the Finance Director to review rates and
9 report to the Council in February.
10
11 VI. DISCUSSION OF WATER FILTRATION FUNDS.
12 The Finance Director reported on the annual review of water filtration funds. He indicated
13 that the City is in its eighth year of its 10-year agreement with the MPCA. He reported that
14 upon completion of this agreement, the City will be totally responsible for the maintenance of
15 the water filtration facility. The Finance Director reviewed the history of these funds. He
16 stated that in 1990, the Council implemented a financial plan to build funds sufficient enough
17 to provide annual interest earnings adequate to provide funding for the water filtration facility
18 and building capital improvements without reducing the principal. The Finance Director
19 reported that the present financial plan in place is accomplishing that. He also reported that in
20 recent discussions with the MPCA, they indicated that the projected life to clean up the water
21 could take as long as 100 years. He recommended to Council that they designate interest
22 earnings, which exceed the funds needed to cover the current operation and maintenance costs,
23 into a building replacement improvement fund, minimizing the tax impact on the residents
24 when the facility may need to be replaced.
25
26 Councilmember Cavanaugh disagreed with the Finance Director's recommendation. He
27 indicated that the $4.8 million is a reward to the citizens for drinking rotten water. He
28 indicated that it is his suggestion to put this money into a financial plan that would allow for its
29 best use now throughout the community. He stated that he will not be around in 30 - 40 years
30 when the facility may or may not need reconstruction. There was Council discussion
31 regarding the appropriate use of this money. The Council was of the opinion that the money
32 should stay in the water filtration fund to insure that future generations will not be exposed to
33 large financial outlays associated with water treatment.
34
35 VII. REVIEW OF ESTIMATED EXPENDITURES AND REVENUES FOR 1998 GENERAL
36 FUND.
37 The City Manager reported that this was an item brought back from the October 6, 1998
38 Council worksession meeting and the summary provided in tonight's meeting packet is a
39 projection of revenues over expenses. He indicated that the proposed 1999 budget shows an
40 estimated surplus of$180,984.00.
41
42 Councilmember Cavanaugh suggested that there are discrepancies between the 1997 budget and
43 the estimated 1998 budget. Because the Council did not have the 1997 budget to review, there
44 was no discussion.
45
46 VIII. REVIEW ORDINANCE ON POLITICAL SIGNS.
2
1 The City Manager presented proposed changes to the Ordinance Relating to Signs. He
2 reported that the Planning Commission agreed with the proposed revisions and wanted to add
3 that signs should be placed from 10 feet from the property line. The City Manager indicated
4 that the first reading of the proposed changes to this ordinance is scheduled for December Th
5 Council meeting.
6
7 IX. REVIEW OF FUTURE AGENDA ITEMS.
8 The City Manager reported that the interview of Planning Commission applicants is scheduled
9 for the December 16' Council meeting. He also reported that the agenda will also have an
10 item to discuss the City Manager's performance and salary. He reported that the Planning
11 Commission's report will be given at the January 12' Council meeting.
12
13 X. DISCUSSION ON GOAL SETTING RETREAT.
14 The City Manger reported that Barb Arney is available to facilitate the City's goal setting
15 retreat that is scheduled for January 22 and 23, 1999. He reported that she has again asked for
16 the opportunity to interview the Council and Department Heads individually prior to the goal
17 setting retreat, which he has scheduled.
18
19 XI. UPDATE ON CENCO, ST. ANTHONY SHOPPING CENTER, AND APACHE PLAZA.
20 1. Cenco. The City Manager reported that Cenco is on hold.
21
22 2. St. Anthony Shopping Center. The City Manager reported that Mr. Richard Krier will
23 have his report to the City Manager in two weeks. He reported that the Shopping
24 Center has a prospective buyer, who will submit a concept plan in the spring.
@'5
26 3. Apache Plaza. The City Manager reported that the developer will come back to him in
27 early 1999 regarding the proposed plans for the Plaza. He reported that they will be
28 meeting with Herberger's in December.
29
30 XII. OTHER BUSINESS.
31 1. E-mail. Frank Koes, 2817 Stinson Boulevard, spoke to request that the Council e-mail
32 addresses be available so that residents may contact Councilmembers. Mayor Ranallo
33 explained that e-mail addresses are available to the residents. He commented that there
34 is a varying degree of experience using e-mail among the Councilmembers and that he
35 prefers to talk directly in person or over the phone to the residents. He also indicated
36 that he will check for e-mail messages that are sent to him.
37
38 2. Y2K Status. Councilmember Cavanaugh asked for an update on the City's efforts to
39 achieve Y2K compliance so that critical services continue to be provided. The
40 Management Assistant reported that Staff is currently doing an inventory of potentially
41 non-compliant equipment and vehicles. She reported that in some instances, Staff has
42 initiated testing of some equipment and vehicles to determine compliance.
43
44 R. Brent Gunsbury, 2701 - 30'h Avenue NE, offered to assist City Staff in determining
45 and accomplishing Y2K compliance.
46
3
,
1 3. Holiday Luncheon. Mayor Ranallo reported that the date for the Holiday Luncheon is
2 set for December 16th, at 12:00 p.m. He requested that those Councilmembers who'can
3 attend do so because this luncheon is given for the Staff.
4
5 IIIII. ADJOURNMENT.
6 The City Council worksession meeting adjourned at 9:50 p.m.
7
8 Respectfully Submitted by,
9
10
11
12 Kim Moore-Sykes
13 Management Assistant
4
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