HomeMy WebLinkAboutCC PACKET 11222016
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I. Approval of the November 22, 2016, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Presentation of 2016 Fire Prevention Poster Winners, presented by the St. Anthony Fire
Department. (pp.1-3)
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of November 8, 2016, City Council meeting minutes. (pp.5-9)
B. Licenses and Permits. (pp.11)
C. Claims. (pp.13-15)
IV. Public Hearing.
V. Reports from Commission and Staff.
A. Resolution 16-084 a resolution Approving the Preliminary and Final Plat for the St. Anthony
Village Center and Associated Variances. Dominic Papatola, Planning Commissioner presenting.
(pp.17-32)
VI. General Business of Council.
A. Resolution 16-085 a resolution Approving Certain Real Estate Documents for St. Anthony
Village Center. Mark Casey, City Manager presenting. (pp.33-65)
B. Resolution 16-086 a resolution Accepting Plans and Specifications and Ordering Advertisement
for Bids for the 2017 Street and Utility Improvements. Pete Willenbring, City Engineer
presenting. (pp.67-77)
C. Ordinance 2016-05 an ordinance Amending Chapter 33 and Chapter 91 to Remove the Dog
Licensing Requirement. Final Reading and Adoption. Mark Casey, City Manager presenting.
(pp.79-82)
VII. Reports from City Manager and Council members.
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
NOVEMBER 22, 2016
7:00 p.m.
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
VIII. Community Forum
Individuals may address the City Council about any item not included on the regular agenda. Speakers
are requested to come to the podium, sign their name and address on the form at the podium, state
their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the
City Council will not take official action on items discussed at this time, but may typically refer the
matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements
X. Adjournment.
2016 FIRE PREVENTION
POSTER WINNERS
4th Place – Jacob Bogucki
5th Grade Wilshire Park
1
3rd Place – Norah Telander
5th Grade St.Charles
2nd Place – Leila Pilipovic
5th Grade Wilshire Park
2
1st Place – Ledia Lema
5th Grade Wilshire Park
3
THIS PAGE LEFT INTENTIONALLY BLANK
4
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
NOVEMBER 8, 2016 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 8:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
Present: Mayor Faust Councilmembers Brever, Jenson, and Stille 13
Absent: Councilmember Gray 14
Also Present: City Manager Mark Casey 15
16
17
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 18
ITEMS. 19
20
I. APPROVAL OF THE NOVEMBER 8, 2016, CITY COUNCIL MEETING AGENDA. 21
22
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve the City 23
Council Meeting Agenda of November 8, 2016. 24
25
Motion carried 4-0. 26
27
II. PROCLAMATIONS AND RECOGNITIONS. 28
29
A. Presentation by Ramsey County Sheriff Matt Bostrom. 30
31
Sheriff Bostrom reviewed the activities the Ramsey County Sheriff Department has been 32
involved with including Coffee With A Cop, Hot Dog with a Deputy, and Shop With a Cop. He 33
reminded residents to turn in prescription drugs to the Sheriff’s Department. Sheriff Bostrom 34
noted when hiring employees, they look for people with four character traits. He reviewed the 35
services provided by the Ramsey County Sheriff Department. He described the PRIME unit 36
within the detention center and shared some examples of things that have been positive. 37
38
Mayor Faust stated he appreciates the Sheriff Department’s outreach in the community and the 39
prescription drug drop-off program. 40
41
III. CONSENT AGENDA. 42
43
A. Approval of October 25, 2016, City Council meeting minutes. 44
B. Licenses and Permits. 45
C. Claims. 46
47
Motion by Councilmember Stille, seconded by Councilmember Brever, to approve the Consent 48
Agenda items as presented. 49
50
5
Motion carried 4-0. 1
2
IV. PUBLIC HEARING - NONE 3
4
V. REPORTS FROM COMMISSION AND STAFF - NONE 5
6
VI. GENERAL BUSINESS OF COUNCIL. 7
8
A. Resolution 16-079; a Resolution Approving the Appointments to the Police Body Camera 9
Workgroup. 10
11
City Manager Casey reviewed the resolution before Council this evening is to appoint Katrina 12
Joseph, Paul Morita and Bernard Walker, along with Councilmember Gray to represent the City 13
of St. Anthony in the Police Body Worn Camera Work Group. The cities of Falcon Heights and 14
Lauderdale will also be appointing members to the Work Group. The Work Group will be 15
facilitated along with various subject matter experts attending. 16
17
Upon completion of its work, the Work Group shall make recommendations to the Police Chief 18
regarding officer worn body cameras. The Police Chief shall provide a written report to the City 19
Manager and Work Group members detailing the integration of the Work Group’s 20
recommendations into police department policy. Should certain recommendations or elements of 21
recommendations not be adopted, the Police Chief shall provide a written rationale for the 22
decision. 23
24
Mayor Faust noted 12 applications were received for positions in the Work Group. 25
26
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve Resolution 27
16-079; a Resolution Approving the Appointments to the Public Body Camera Workgroup. 28
29
Motion carried 4-0. 30
31
B. Resolution 16-080; a Resolution Approving Amended Lease Agreement Between the 32
City of St. Anthony and the St. Anthony/New Brighton School District #282 for the Use 33
of the Community Center. 34
35
City Manager Casey reviewed the resolution for Council consideration is to amend the lease 36
agreement with the St. Anthony-New Brighton School District #282 Community Services. The 37
current lease originally executed September 24, 1996 and amended January 1, 2008, will expire 38
increasing on December 31, 2016. Due to continually increasing personnel and operating costs, 39
it is necessary that the annual lease charge be increased. The agreement would renew January 1, 40
2017, effective for the 2017-2018 school year. The agreement would then subsequently renew 41
January 1, 2026, effective for the 2027-2028 school year. The School District was offered an 42
annual escalator of 2.25% or a step increase after 5 years. They preferred the step increase. The 43
proposal reflects an increase in the annual rent to $127,300 for the first five years, and an 44
increase to $159,730 in 2022 for the remaining five years. An analysis determined that the 45
proposed rent is adequate to cover both operating and capital replacement expenditures. 46
47
6
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve Resolution 1
16-080; a Resolution Amending the Lease Agreement with St. Anthony – New Brighton School 2
District #282 Community Services. 3
4
Councilmember Stille mentioned the reason there is this relationship is to allow the School 5
District to use the City facilities. The City is not making any money on this relationship nor are 6
they losing money. 7
Motion carried 4-0. 8
9
C. Resolution 16-081; a Resolution Approving Ratifying the 2017-2018 Agreement between 10
the Law Enforcement Labor Services, Inc. #186 Local Representing St. Anthony Police 11
Department Licensed Employees and the City of St. Anthony Village. 12
13
City Manager Casey reviewed this resolution before Council is a resolution ratifying the contract 14
agreement with the police union. This is a two-year contract with the St. Anthony Police 15
Department’s licensed employees. There will be a 3% increase for both 2017 and 2018. Health 16
insurance premium increases will be split between City and employees. 17
18
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 19
16-081; a Resolution Approving Ratifying the 2017-2018 Agreement between the Law 20
Enforcement Labor Services, Inc. #186 Local Representing St. Anthony Police Department 21
Licensed Employees and the City of St. Anthony Village. 22
23
Motion carried 4-0. 24
25
D. Resolution 16-082; a Resolution Approving Ratifying the 2017 – 2018 Agreement 26
between the International Association of Fire Fighters, Local 3486 Representing the St. 27
Anthony Fire Department Employees and the City of St. Anthony Village. 28
29
City Manager Casey reviewed this resolution before Council is a resolution ratifying the 2017-30
2018 Agreement between the International Association of Fire Fighters, Local 3486 31
Representing the St. Anthony Fire Department Employees and the City of St. Anthony Village. 32
This is a two-year contract with the St. Anthony Fire Department’s employees. There will be a 33
3% increase for both 2017 and 2018. Health insurance premium increases will be split equally 34
between City and employees. 35
36
Motion by Councilmember Brever, seconded by Councilmember Jenson, to approve Resolution 37
16-082; a Resolution Approving Ratifying the 2017-2018 Agreement between the International 38
Association of Fire Fighters, Local 3486 Representing the St. Anthony and the City of St. Fire 39
Department Employees and the City of St. Anthony Village. 40
41
Motion carried 4-0. 42
43
E. Resolution 16-083; a Resolution Approving Ratifying the 2017 – 2018 Agreement 44
between the International Union of Operating Engineers Local No. 49 AFL-CIO 45
Representing the St. Anthony Public Works Department Employees and the City of St. 46
Anthony Village. 47
48
7
City Manager Casey reviewed this resolution before Council is a resolution Ratifying the 2017 – 1
2018 Agreement between the International Union of Operating Engineers Local No. 49 AFL-2
CIO Representing the St. Anthony Public Works Department Employees and the City of St. 3
Anthony Village. This is a two-year contract with the St. Anthony Public Works Department 4
employees. There will be a 3% increase for both 2017 and 2018. Health insurance premium 5
increases will be split equally between City and employees. 6
7
Motion by Councilmember Jenson, seconded by Councilmember Brever, to approve Resolution 8
16-083; a Resolution Approving Ratifying the 2017-2018 Agreement between the International 9
Union of Operating Engineers Local No. 49 AFL-CIO Representing the St. Anthony Public 10
Works Department Employees and the City of St. Anthony Village. 11
12
Motion carried 4-0. 13
14
F. Ordinance 2016-05; an Ordinance Amending Chapter 33 and Chapter 91 to Remove the 15
Dog Licensing Requirement 2nd of 3 readings. 16
17
City Manager Casey reviewed this is the Second Reading of Ordinance 2016-05. The rabies 18
vaccination requirement will not be removed. 19
20
Motion by Councilmember Brever, seconded by Councilmember Stille, hold Second Reading of 21
Ordinance 2016-05 Amending Chapter 33 and Chapter 91 to Remove the Dog Licensing 22
Requirement. 23
24
Councilmember Stille noted at the Community Services meeting last week, there was interest in 25
why this was being done. He stated there is good reason to do this as now most dogs have chips 26
for identification due to the technology change. 27
28
Motion carried 4-0. 29
30
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 31
32
City Manager Casey thanked City Clerk Nicole Miller for handling the election and the Election 33
Judges for their help. He announced there are openings on the Park Commission and Planning 34
Commission and the last day to apply is November 18, 2016. He stated four of the five sessions 35
of the Bias Awareness Training have been completed. There will be 150 participants after the 36
fifth session is completed. It was noted City Hall will be closed on Friday for Veterans Day. 37
38
Councilmember Jenson stated last week he attended both work session meetings. 39
40
Councilmember Stille stated he attended both work sessions also and noted the second one was 41
actually interviews for the Body Cam Work Group. On November 3, Community Services met 42
and he conveyed highlights of what is going on in the City. On November 7, he attended the Bias 43
Awareness Training. 44
45
Councilmember Brever noted she attended the Bias Awareness Training, the work session, and 46
the interview session for the Body Cam Work Group. The St. Anthony New Brighton Family 47
Services Collaborative received the final proposal from Racial Equity Network of Minnesota. 48
8
1
Mayor Faust stated he attended the second Bias Awareness Training along with Councilmember 2
Brever. He attended the work session and the interview session. On November 2, Mayor Faust 3
and the City Manager met with the Hennepin County Assessor and also with Congressman 4
Ellison. 5
6
VIII. COMMUNITY FORUM. 7
8
Mr. Michael Bird, 3416 Edward Street, asked how the 3% increase was determined for the 9
contract renewals. He noted the Federal Reserve states inflation has been running under 2% for a 10
number of years. City Manager Casey explained there are a multitude of factors that go into 11
consideration for the increases. An analysis was done of wage and benefits and 3% brings St. 12
Anthony to the top third of the nine surrounding cities to which they are compared. 13
14
Ms. Kay Barritt, 2551 38th Avenue, asked what happened with the Lowry Grove community. 15
Mayor Faust suggested Ms. Barritt look at the Northeaster article or other articles that have been 16
written. 17
18
IX. INFORMATION AND ANNOUNCEMENTS. 19
20
Mayor Faust echoed what the City Manager said about the people who helped with the election. 21
22
X. ADJOURNMENT. 23
24
Mayor Faust adjourned the meeting at 8:40 p.m. 25
26
Respectfully submitted, 27
Debbie Wolfe 28
TimeSaver off Site Secretarial, Inc. 29
30
_ _ 31
ATTEST: ________________________________ Mayor 32
City Clerk 33
34
9
THIS PAGE LEFT INTENTIONALLY BLANK
10
Saint Anthony Village
DATE: November 22, 2016 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Sierra Exteriors, New Brighton, MN
Mechanical Licenses:
Hamlin Installations, Hammond, WI
Rental Licenses:
Applicant: Dennis Krenz
Location: 2900 Rankin Rd NE
11
THIS PAGE LEFT INTENTIONALLY BLANK
12
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 11/4/2016 - 11/23/2016 Nov 17, 2016 07:52AM
Vendor Number Payee Check Number Check Issue Date Amount
12180 ARVIG CONSTRUCTION 26 11/23/2016 250.00
10252 CENTERPOINT ENERGY 27 11/23/2016 1,268.58
10323 COMCAST 28 11/23/2016 2.28
11186 PAETEC 29 11/23/2016 301.88
11740 XCEL ENERGY 30 11/23/2016 22,910.15
10710 ICMA RETIREMENT TRUST 30753 11/04/2016 2,245.00
11792 INTERNATIONAL UNION LOCAL #49 30754 11/04/2016 408.00
11793 LAW ENFORCEMENT LABOR SERVICES 30755 11/04/2016 980.00
10002 LOCAL UNION IAFF #3486 30756 11/04/2016 336.72
12313 IRC RETAIL CENTERS SLV LIQ 30758 11/09/2016 2,006.53
12399 ADL AUTO REPAIR & DRIVESHAFTS 30759 11/23/2016 414.09
10039 AIRGAS USA LLC 30760 11/23/2016 258.04
10054 ALLIANCE MECHANICAL 30761 11/23/2016 232.00
10098 ARAMARK 30762 11/23/2016 269.06
1100 ARTISIAN BEER COMPANY 30763 11/23/2016 6,642.05
12180 ARVIG CONSTRUCTION 30764 11/23/2016 4,993.00
10115 ASPEN MILLS 30765 11/23/2016 251.40
10116 ASPEN WASTE SYSTEMS INC 30766 11/23/2016 132.51
1101 BAUHAUS BREW LABS LLC 30767 11/23/2016 698.00
11906 BAUMGARTNER, RON 30768 11/23/2016 125.00
1013 BELLBOY CORPORATION 30769 11/23/2016 5,092.29
1014 BELLBOY CORPORATION 30770 11/23/2016 92.31
1007 BENT BREWSTILLERY 30771 11/23/2016 226.48
1035 BERNICK'S BEVERAGE & VENDING 30772 11/23/2016 1,774.00
10172 BIFFS, INC.30773 11/23/2016 222.00
10175 BLAINE LOCK & SAFE INC.30774 11/23/2016 168.00
12406 BOGUCKI, JACOB 30775 11/23/2016 10.00
10185 BOUND TREE MEDICAL LLC 30776 11/23/2016 840.77
8544 BOURGET IMPORTS 30777 11/23/2016 438.00
1018 BREAKTHRU BEVERAGE MN BEER 30778 11/23/2016 19,372.77
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 30779 11/23/2016 13,666.24
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 30780 11/23/2016 3,161.69
1017 CAPITOL BEVERAGE SALES 30781 11/23/2016 9,422.30
10246 CASEY, MARK 30782 11/23/2016 224.50
10252 CENTERPOINT ENERGY 30783 11/23/2016 101.45
10263 CENTURYLINK 30784 11/23/2016 700.96
10290 CITY OF NEW BRIGHTON 30785 11/23/2016 240.50
10293 CITY OF ROSEVILLE 30786 11/23/2016 1,275.00
10306 CITY WIDE WINDOW SERVICE INC 30787 11/23/2016 85.66
12400 CIVICPLUS 30788 11/23/2016 6,961.02
1010 CLEAR RIVER BEVERAGE COMPANY 30789 11/23/2016 1,552.00
10349 CREATIVE FORMS & CONCEPTS 30790 11/23/2016 276.84
1042 CRYSTAL SPRINGS ICE 30791 11/23/2016 238.66
11796 DO GOOD BIZ INC 30792 11/23/2016 381.34
10432 DORSEY & WHITNEY 30793 11/23/2016 44,448.28
10462 EIDE 30794 11/23/2016 42.98
10468 ELECTRO WATCHMAN INC 30795 11/23/2016 37,478.73
10473 EMERGENCY APPARATUS 30796 11/23/2016 1,090.51
10526 FLEETPRIDE 30797 11/23/2016 74.30
10544 FREEWAY TOWING 30798 11/23/2016 107.13
10550 G & K SERVICES INC 30799 11/23/2016 774.48
10578 GOPHER STATE ONE CALL 30800 11/23/2016 276.90
10585 GRAINGER 30801 11/23/2016 482.76
Auto Pay
Auto Pay
Auto Pay
Auto Pay
Auto Pay
13
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 11/4/2016 - 11/23/2016 Nov 17, 2016 07:52AM
Vendor Number Payee Check Number Check Issue Date Amount
1032 GRAPE BEGINNINGS, INC.30802 11/23/2016 2,393.50
1021 GREAT LAKES COCA COLA 30803 11/23/2016 1,084.71
12409 GRIDOR CONSTRUCTION INC 30804 11/23/2016 479,231.30
12402 GUSTAD, TRUDIE 30805 11/23/2016 126.62
10624 HAWKINS, INC 30806 11/23/2016 472.50
10631 HEALTH PSYCHOLOGY SOLUTIONS 30807 11/23/2016 1,560.00
10642 HENN CNTY INFO TECH DEPT 30808 11/23/2016 3,020.88
10651 HENNEPIN COUNTY MEDICAL CENTER 30809 11/23/2016 910.00
1019 HOHENSTEIN'S, INC 30810 11/23/2016 6,202.87
10684 HOME DEPOT CREDIT SERVICES 30811 11/23/2016 55.72
1027 INDEED BREWING COMPANY 30812 11/23/2016 924.00
10733 INSTRUMENTAL RESEARCH, INC.30813 11/23/2016 85.50
12105 INTERSTATE ALL BATTERY CENTER 30814 11/23/2016 112.95
10761 J. SPANJERS CO., INC.30815 11/23/2016 1,442.00
10774 JERSEY MIKE'S SUBS 30816 11/23/2016 189.05
1016 JJ TAYLOR DISTRIBUTING 30817 11/23/2016 23,425.57
1102 JOHNSON BROTHERS 30818 11/23/2016 1.17
1004 JOHNSON BROTHERS LIQUOR CO.30819 11/23/2016 3,979.19
1005 JOHNSON BROTHERS LIQUOR COMPANY.30820 11/23/2016 9,238.00
1006 JOHNSON BROTHERS LIQUOR COMPANY.30821 11/23/2016 17,037.78
1044 JOHNSON BROTHERS LIQUOR COMPANY.30822 11/23/2016 8,325.38
12403 KISSEL, STEVE 30823 11/23/2016 17.45
10797 KONICA MINOLTA BUSINESS 30824 11/23/2016 57.90
10803 KUSSKE CONSTRUCTION LLC 30825 11/23/2016 11,275.00
12408 LEMA, LEDIA 30826 11/23/2016 25.00
10851 LILLIE SUBURBAN NEWSPAPER 30827 11/23/2016 48.75
10857 LMCIT % BERKLEY ADMINISTRATORS 30828 11/23/2016 1,000.00
10833 LMCIT %BERKLY RISK ADMIN CO 30829 11/23/2016 70,330.75
1022 M. AMUNDSON LLP 30830 11/23/2016 1,299.69
10884 MANGSETH/JON 30831 11/23/2016 381.17
11985 MANSFIELD OIL COMPANY 30832 11/23/2016 10,907.27
10897 MASTER TECHNOLOGY GROUP 30833 11/23/2016 1,512.80
10916 MENARDS LUMBER 30834 11/23/2016 39.72
11037 MINNESOTA DEPT PUBLIC SAFETY 30835 11/23/2016 40.00
10994 MINNESOTA OCCUPATIONAL HEALTH 30836 11/23/2016 157.00
11019 MISTER CAR WASH 30837 11/23/2016 67.71
11061 MORRELL ENTERPRISES, LP 30838 11/23/2016 208.80
11089 NAPA AUTO PARTS 30839 11/23/2016 3.13
12374 NEOFUNDS BY NEOPOST 30840 11/23/2016 700.00
1051 NEW FRANCE WINE COMPANY 30841 11/23/2016 4,451.00
12404 NORTH OAKS LAWN SERVICE INC 30842 11/23/2016 2,314.19
11163 OFFICE DEPOT 30843 11/23/2016 201.14
11173 OLSON'S PLUMBING 30844 11/23/2016 661.50
11185 PACE ANALYTICAL SERVICES, INC.30845 11/23/2016 36.00
1012 PAUSTIS & SONS 30846 11/23/2016 5,270.75
1001 PHILLIPS WINE & SPIRITS 30847 11/23/2016 4,731.18
1002 PHILLIPS WINE & SPIRITS 30848 11/23/2016 4,172.62
12407 PILIPOVIC, LEILA 30849 11/23/2016 20.00
12311 PUCKETTS RECYCLING 30850 11/23/2016 40.00
12379 RACIAL EQUITY MINNESOTA 30851 11/23/2016 10,000.00
11302 RAMSEY COUNTY 30852 11/23/2016 1,673.03
1062 RED BULL DISTRIBUTION COMPANY 30853 11/23/2016 32.50
12401 SALSEG, SAM & KELLY 30854 11/23/2016 16.88
14
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 11/4/2016 - 11/23/2016 Nov 17, 2016 07:52AM
Vendor Number Payee Check Number Check Issue Date Amount
11366 SAM'S CLUB 30855 11/23/2016 154.96
1024 SOUTHERN GLAZER'S OF MN 30856 11/23/2016 4,487.63
1008 SOUTHERN GLAZER'S OF MN 30857 11/23/2016 5,809.33
1026 SOUTHERN GLAZER'S OF MN 30858 11/23/2016 8,314.74
1036 SOUTHERN GLAZER'S OF MN 30859 11/23/2016 137.28
11434 SPECIALIZED ENVIRONMENTAL 30860 11/23/2016 400.00
11441 SPIESS/JEFF 30861 11/23/2016 374.77
12253 ST PAUL UTILITIES INC 30862 11/23/2016 76,154.50
2001 STEEL TOE BREWING 30863 11/23/2016 410.00
12366 STREET FLEET 30864 11/23/2016 111.49
11531 T A SCHIFSKY & SONS 30865 11/23/2016 80.00
11538 TASER INTERNATIONAL 30866 11/23/2016 1,883.00
12405 TELANDER, NORAH 30867 11/23/2016 15.00
11566 TIMESAVER OFF SITE SECRETARIAL 30868 11/23/2016 593.90
11586 TRACY PRINTING 30869 11/23/2016 1,597.00
1098 TRADITION WINE & SPIRITS 30870 11/23/2016 224.00
11626 U.S. BANK (PURCHASING CARD)30871 11/23/2016 2,687.89
11674 VERIZON WIRELESS 30872 11/23/2016 613.57
11682 VIKING INDUSTRIAL CENTER 30873 11/23/2016 66.81
1025 VINOCOPIA 30874 11/23/2016 5,259.67
11704 WASTE MANAGEMENT OF WI-MN 30875 11/23/2016 399.87
1034 WINE COMPANY/THE 30876 11/23/2016 8,895.99
1038 WINE MERCHANTS INC 30877 11/23/2016 6,697.28
11735 WORLDPOINT ECC, INC.30878 11/23/2016 632.23
11738 WSB & ASSOCIATES, INC.30879 11/23/2016 107,741.12
11740 XCEL ENERGY 30880 11/23/2016 70,111.30
Grand Totals: 1,191,390.09
15
THIS PAGE LEFT INTENTIONALLY BLANK
16
MEMORANDUM
To: St. Anthony Village City Council
From: Breanne Rothstein, AICP, City Planner
Date: City Council Regular Meeting for November 22, 2016
WSB Project No. 02170-400
Request: Request for a preliminary plat, final plat and variances for St. Anthony
Village Center
RECOMMENDATION
Staff has reviewed the proposed preliminary plat, final plat, and variances requested, and recommends
approval of all the applications, subject on the following conditions:
1) Satisfactory submittal and execution of a reciprocal easement agreement which clearly
articulates the rights and responsibilities of the three affected landowners, and is substantially
consistent with the rights and responsibilities set forth in the current Condo Association
documents;
2) Satisfactory submittal of evidence to provide proof of clear title (and resolution of any
outstanding title issues);
3) City Attorney review and resolution of any other outstanding legal issues associated with
recording of the plat.
GENERAL INFORMATION
Applicant/Owner: John Trautz of Trautz Properties, Inc/ Daniel Shattuck of St. Anthony Village, LLC
Location: 2700 and 2702-2714 County Road 88
Existing Land Use / Commercial/C-1 Commercial (multi-tenant)
Zoning:
Surrounding Land North: Park/Low-Density Residential
Use / Zoning: East: County Road 88/Park
South: Commercial
West: Commercial and High Density Residential
Deadline for Agency Application Date: 10-3-2016
Action: 60 Days: 12-3-2016
Letter Sent: No
120 Days: NA
17
CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE
1. Background
John Trautz of Trautz Properties, Inc has entered into a purchase agreement with Daniel Shattuck of
Shattuck Properties to purchase the multi-tenant strip mall located at 2702-2714 County Road 88,
which includes the city-owned liquor store. Shattuck is also selling the Village Pub to the current
operator.
The Applicants are proposing a preliminary and final plat of “St. Anthony Village Center” to convert
the property located at 2700 and 2703-2714 County Road 88 from a Common Interest Community
(CIC) plat to a standard “Lot and Block” plat. Additionally, variances are needed to accommodate a
zero setback on the proposed property line in several areas. Furthermore, two additional variances
are requested to bring existing lot line encroachments into conformity through consideration of
variances for existing non-conforming situations.
The primary reason for processing this application is to eliminate the defunct Condo Association in
favor of a private Easement Agreement. This easement agreement would establish a process for
shared maintenance of the parking areas and landscaping areas to more closely match current
practice. Additionally, it would be a three party agreement among the City for the liquor store, John
Trautz, the new owner of the strip mall, and Corey Burstad, the new owner of Village Pub. The
current Condo Association is not following its bylaws for meetings and does not include Corey
Burstad (new owner of Village Pub). This change would also be a chance to amend the existing
parking and access agreement and CIC documents into one, comprehensive easement agreement.
We do not expect anything to change with regard to the way the property is managed or costs are
divided from current practice, but to amend the documents to reflect current practice and bring in
the new third party (Village Pub).
Because the City owns the liquor store through the CIC, the City is a party (co-applicant) to this plat.
2. Applicable Codes.
Section 151 Subdivision Regulations, Section 152.120 General Commercial District, and Section
152.245 Variances are applicable subsections of city code related to this application. The nature of
this application is legal ownership change from a condo to a fee title owner, rather than for the
development of land.
3. Criteria for and Consistency with Criteria for Approvals.
3a. Preliminary Plat
The preliminary plat for St. Anthony Village Center proposes to create one new lot by subdividing
the existing lot located at 2703- 2714 County Road 88 into two parcels.
Section 151.02 lists the following required information, which has been submitted and is satisfactory
to staff: identification and description of the plat, design features, including streets, easements,
drainage, lots, dimensions, public use area, and elevations.
18
Section 152.124 provides dimensional requirements for lot size, setbacks, and floor area ratio, which
are summarized in the table below:
Minimum
Requirement
Proposed Lot 1
(Strip Mall)
Proposed Lot 2
(Liquor Store)
Existing Lot of
Record
(Village Pub)
Lot Size 15,000 sq. ft 53,363 sq ft 38,005 sq ft NA
Building Sq. footage NA 11,332 sq. ft 9,010 sq ft. 4,500 sq. ft.
Floor Area Ratio 1.0 <1.0 <1.0 <1.0
Setbacks 35 ft. front*
10 ft. side
20 ft. rear
42 feet
0 feet**
62 feet
50 feet
0 feet**
10 feet**
2 feet**
6 feet**
10 feet**
*All lots must abut by their full frontage on a public street
** Setbacks requiring a variance
3b. Final Plat
Section 151.04 requires that the final plat be prepared by a surveyor in compliance with code and
show all monument, proof that all taxes have been paid, and the City Attorney has found evidence
of satisfactory title. The City Attorney is reviewing the title, which will be resolved before Council
action.
Accompanying the final plat will be a new easement agreement which calls forth rights and
responsibilities over the parking, sidewalk, and common landscaping areas located within the plat.
This document will be considered concurrently with the preliminary and final plat at City Council.
Due to the nature of this subdivision as a fully developed commercial shopping center with no
development plans, staff is not recommending the execution of a Development Contract (other than
the Easement Agreement) payment of any development fees (sewer, water, park dedication), or an
analysis of the infrastructure.
3c. Variances
There are three variances needed related to the buildings on Lots 1 and 2, Block 1, St. Anthony
Village Center, and three variances recommended to process as part of the existing condition
related to the Village Pub. The exact variances are:
1) A 10 foot side yard setback variance to allow of setback of 0 feet for the building on Lot 1, Block
1 St. Anthony Village Center;
2) A 10 foot side yard setback variance to allow of setback of 0 feet for the building on Lot 2, Block
1 St. Anthony Village Center;
3) A 10 foot rear yard setback variance to allow of setback of 10 feet for the building on Lot 2,
Block 1 St. Anthony Village Center;
19
4) A 33 foot front yard setback variance to allow of setback of 2 feet for the building on 2720 Hwy
88;
5) A 4 foot side yard setback variance to allow of setback of 6 feet for the building on 2720 Hwy 88;
6) A 10 foot rear yard setback variance to allow of setback of 10 feet for the building on 2720 Hwy
88.
Section §152.245, (C) Evidence, lists the criteria the City Council must consider in determining
whether to grant or deny a variance. The applicable criteria include:
1. The subject matter of the application is within the scope of this section.
The application for these variances to setbacks are eligible subject matter for variance criteria
because these factors are related to dimensional and/or bulk standards. Criterion met.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not permitted
by the zoning code;
The property owners propose to use the property in the current situation. Granting
these variance will approve the current situation, with the change in ownership
structure from a condo to a fee title. Criterion met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
The owner is requesting this ownership structure change, however the location of the
existing buildings are not in the owner’s control to change. Criterion met.
c. The variance, if granted, will not alter the essential character of the locality; and
Granting of this variance would not alter the essential character of the neighborhood,
because there is no change proposed to buildings. Criterion met.
d. Economic considerations alone are not the basis of the practical difficulties.
These variances, in conjunction with the plat, will improve the existing situation to more
clearly represent and allow for the current practices on the property. Criterion met.
3. The variance, if granted, would be consistent with the City’s comprehensive land use plan.
If the variance is granted the use of the property would remain the same land use as it is today,
which is commercial. Criterion met.
4. The granting of the variance is in harmony with the general purposes and intent of the zoning
code.
The intent of the zoning code is to protect the health, safety, and general welfare of the city and
its people through the establishment of minimum regulations governing land development and
use. The zoning code is established to: protect the use districts; promote orderly development
and redevelopment; provide adequate light, air, and access to property; prevent congestion in
the public streets; prevent overcrowding of land and undue concentration of structures by
regulating land, buildings, yards, and densities; and provide for compatibility of different land
uses.
20
Given these factors, this application is in keeping with the intent of the ordinance to prevent
overcrowding of land and undue concentration of structures and provide adequate access to
light and air. Criterion met.
POSSIBLE ACTIONS
1. Approve (with or without conditions) the preliminary plat for St. Anthony Village Center, the
final plat for St. Anthony Village Center, the 6 associated variances and adopt the resolution
found in Exhibit C.
2. Deny the application (with or without conditions). In the event of a denial (with or without
conditions), the City Council must state its findings and any conditions related to denial.
3. Request Additional Information and Continue the Public Hearing. The Applicant appears to have
provided enough information for the City Council to make a recommendation to approve or
deny the request. Should the City Council request additional information from the Applicant, the
City Council should continue the public hearing until a later time.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
21
THIS PAGE LEFT INTENTIONALLY BLANK
22
St. Anthony Village Center
October 18, 2016 Map Powered by DataLink from WSB & Associates
1 in = 100 ft
±
23
THIS PAGE LEFT INTENTIONALLY BLANK
24
St. Anthony Village Center Request
for Preliminary Plat, Final Plat,
and Variances
City Council Meeting
November 22,2016
St. Anthony Village Center
General Information
Applicant/Owner: John Trautz of Trautz Properties, Inc/ Daniel
Shattuck of St. Anthony Village, LLC
Location: 2700 and 2702-2714 County Road 88
Existing Land Use / Commercial/C-1 Commercial (multi-tenant)
Zoning:
Surrounding Land North: Park/Low-Density Residential
Use / Zoning: East: County Road 88/Park
South: Commercial
West: Commercial and High DensityResidential
25
St. Anthony Village Center
St. Anthony Village Center
•Overview
-Purchase Agreement – New Owner
-Currently Common Interest Community (CIC)
-Condo Association (defunct)
-Third owner involved
-Requesting preliminary and final plat for “fee title”
ownership
26
Preliminary Plat
Final Plat
27
Variances
Variance Criteria Review
•Subject matter of the application is within the scope of this
section;
–Criterion met
•The property owner purposes to use the property in a
reasonable manner not permitted by the zoning code;
–Criterion met
•The plight of the property owner is due to circumstances
unique to the property not created by the property owner;
–Criterion not met
28
•The variance, if granted, will not alter the essential character
of the locality;
–Criterion met
•Economic considerations alone are not the basis of practical
difficulties;
–Criterion met
•The variance, if granted, would be consistent with the City’s
comprehensive land use plan;
–Criterion met
• The granting of the variance is in harmony with the general
purposes and intent of the zoning code;
–Criterion met
Variance Criteria Review
St. Anthony Village Center
Recommendation
-Staff recommends approval of the preliminary plat and final plat
for St. Anthony Village Center, and the associated variances,
subject to the following conditions:
1. Satisfactory submittal and execution of a reciprocal easement
agreement which clearly articulates the rights and
responsibilities of the three affected landowners, and is
substantially consistent with the rights and responsibilities set
forth in the current Condo Association documents;
2. Satisfactory submittal of evidence to provide proof of clear
title (and resolution of any outstanding title issues);
3. City Attorney review and resolution of any other outstanding
legal issues associated with recording of the plat.
29
St. Anthony Village Center
Questions?
30
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-084
A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLAT
FOR ST. ANTHONY VILLAGE CENTER AND
ASSOCIATED VARIANCES
WHEREAS, the St. Anthony Planning Commission held a public hearing on October 24, 2016 for the
review of the preliminary plat for St. Anthony Village Center located at 2702 – 2714
County Road 88; and
WHEREAS, staff presented a Staff Report that provided information regarding the preliminary plat,
final plat, and variances received from the property owners; and
WHEREAS, staff also presented the Planning Commission with a current preliminary plat and final
plat, prepared by Sambatek, dated October 10, 2016 for its review and consideration; and
WHEREAS, the splitting of the property will result in two lots from the original one platted lot and
Common Interest Community plat; and
WHEREAS, the current owner, Daniel Shattuck, desires to sell the property to John Trautz of Trautz
Properties, LLC, and the prospective owner is requesting this plat, with variances in order
to remove the Common Interest Community plat, the Condo Association and to replace
the CIC and Condo Association with an easement agreement; and
WHEREAS, the Planning Commission has reviewed the request in its entirety, found the request for
preliminary plat, final plat, and variances to meet the requirements for approval set forth
in city code and enumerated in the Staff Report; and
WHEREAS, the Planning Commission recommends to the City Council to approve the preliminary
plat, final plat, and requested variances, subject to the following conditions, and in
accordance with the staff report dated October 24, 2016:
1) Satisfactory submittal and execution of a reciprocal easement agreement which
clearly articulates the rights and responsibilities of the three affected landowners, and
is substantially consistent with the rights and responsibilities set forth in the current
Condo Association documents;
2) Satisfactory submittal of evidence to provide proof of clear title (and resolution of
any outstanding title issues);
3) City Attorney review and resolution of any other outstanding legal issues associated
with recording of the plat.
31
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony does hereby
approve the following requests:
1) A preliminary plat for St. Anthony Village Center;
2) A final plat for St. Anthony Village Center;
3) A 10 foot side yard setback variance to allow of setback of 0 feet for the building on Lot
1, Block 1 St. Anthony Village Center;
4) A 10 foot side yard setback variance to allow of setback of 0 feet for the building on Lot
2, Block 1 St. Anthony Village Center;
5) A 10 foot rear yard setback variance to allow of setback of 10 feet for the building on Lot
2, Block 1 St. Anthony Village Center;
6) A 33 foot front yard setback variance to allow of setback of 2 feet for the building on
2720 Hwy 88;
7) A 4 foot side yard setback variance to allow of setback of 6 feet for the building on 2720
Hwy 88;
8) A 10 foot rear yard setback variance to allow of setback of 10 feet for the building on
2720 Hwy 88.
Adopted this 22nd day of November, 2016.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
32
MEMORANDUM
To: St. Anthony Village City Council
From: Jay Lindgren, City Attorney
Date: City Council Regular Meeting for November 22, 2016
Request: Request for approval of real estate documents related to St. Anthony
Village Center
BACKGROUND
John Trautz of Trautz Properties, Inc (Trautz) has entered into a purchase agreement with Daniel
Shattuck of Shattuck Properties to purchase the multi-tenant strip mall located at 2702-2714 County
Road 88, which includes the city-owned liquor store. Shattuck is also selling the Village Pub to the
current operator.
As described in the separate request for preliminary plat, final plat and variances, Trautz has
requested that the operation of the St. Anthony Village Center no longer be conducted through the
use of a “common interest community” (also known as a condominium). Rather, Trautz proposes
that a reciprocal easement agreement be used to accomplish the same functions as the existing
condominium association. The City currently is an owner of a condominium unit in which the City-
owned liquor store is located. Therefore, any changes to the current structure require agreement
from the City.
Trautz has stated that there are three primary reasons to eliminate the condominium and have the
property governed by a reciprocal easement agreement:
1. The condominium documents are not currently followed in the regular operation of the
Center. To the City’s knowledge, this has caused no issue for the City, but it is not a good
practice to act outside of governing documents.
2. The condominium association does not current govern the restaurant parcel. Therefore, the
maintenance obligations of the condo association do not currently apply to the restaurant.
Again, we have no knowledge that this has caused a concern, but the restaurant property
owner is willing to join the easement agreement, so uniform maintenance requirements will
apply to all properties within the shopping center.
3. The City would essentially see no change in how the shopping center is managed and costs
would remain consistent.
As staff negotiated the items before the Council, it was done with the understanding that the City
would be made whole for any costs related to the transaction. Trautz has agreed to cover the City’s
costs related to this transaction. An additional cost-related consideration for the City is that the
replatting process will make the City’s physical ownership somewhat larger than the current liquor
store condo unit. This is because the City will now own part of the parking area (as well as
continuing to have additional parking rights). In other words, currently the City owns the liquor
store as a condo, plus has a shared right to use common areas. If adopted, the City would in the
33
future own the liquor store on a larger lot, plus have parking rights through the easement
agreement. The City is essentially made whole in this scenario as a real estate owner. However,
since the City’s lot increases, a small portion of the shopping center will become exempt from
property taxes. Staff has calculated that the City’s lost property taxes would currently be $1917.
Therefore, staff has negotiated a payment-in-lieu-of-taxes agreement (PILOT)with Tratz in the
annual amount of $1917 (plus an annual 4 percent inflation factor).
RECOMMENDATION
Staff recommends entry into the following agreements:
1) Reciprocal Easement and Restriction Agreement;
2) PILOT;
3) termination of common interest community agreement and recording of certificate of
termination;
4) quit claim deeds; and
5) other required ancillary real estate closing documents.
ATTACHMENTS
Exhibit A: Draft Reciprocal Easement and Restriction Agreement
Exhibit B: Draft PILOT
34
RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT
THIS RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT
(the “Agreement”) is made and entered into as of this ______________ day of _____________,
2016, by and between St. Anthony Village Center, LLC, a Florida limited liability company
(“Village”) and the City of St. Anthony, a body corporate and politic under the laws of the State
of Minnesota (“City”). Village and City, and their respective heirs, successors, and assigns, are
referred to in this Agreement individually as an “Owner” and collectively as the “Owners.”
RECITALS:
A. City is the owner of a parcel of real property situated in the City of St. Anthony,
County of Hennepin, State of Minnesota, legally described on the attached Exhibit “A” and
identified as Lot 1 on the site plan attached to this Agreement as Exhibit “B” and made a part
hereof (the “Site Plan”).
B. Village is the owner of two (2) parcels of real property situated in the City of St.
Anthony, County of Hennepin, State of Minnesota, legally described on the attached Exhibit “A”
and identified as Lots 1 and 3 on the Site Plan which are contiguous to Lot 2. Lots 1, 2 and 3 are
sometimes referred to herein singly as a “Lot” and collectively as the “Lots”.
C. The Lots were developed as an integrated, compatible, and harmonious shopping
center (collectively the “Shopping Center”). The parties hereto desire to subject each of the Lots
to the easements and agreements hereinafter set forth, pursuant to a general plan of improvement
of the Lots, and for the mutual benefit of the owners of any and all portions thereof, and their
respective heirs, successors, assigns and tenants.
D. The Lots are currently benefitted by and subject to that certain Access and
Parking Easement dated November 2, 2006 and recorded on November 3, 2006 as Document
Number 8888164 in the Office of the County Recorder of Hennepin County, Minnesota (the
“Existing Access Easement”), and the parties hereto intend to replace the Access Easement in its
entirety with this Agreement and easements contained herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
set forth, the following covenants, conditions, restrictions, easements, and encumbrances shall be
binding upon the Owners, and shall attach to and run with each respective Lot, and shall be for
the benefit of the Owners, and their respective heirs, successors, assigns and Occupants.
AGREEMENTS:
1. RECITALS. The above Recitals, including the definitions and exhibits, are
incorporated into and made part of this Agreement by this reference.
2. TERMINATION OF EXISTING ACCESS EASEMENT. The Owners hereby
terminate the Existing Access Easement in its entirety and the same shall no longer encumber or
burden any of the Lots and the same shall hereafter be of no further force or effect.
3. GRANT OF EASEMENTS.
35
A. Ingress, Egress and Parking. The Owners hereby grant to each other, for
the benefit of each of the Lots, each of the Owners, and each Owner’s tenants, subtenants,
customers, employees, agents, invitees, contractors, and each such party’s successors and assigns
(collectively “Occupants”), a non-exclusive, perpetual, appurtenant easement for ingress and
egress and parking over, across and through, and the non-exclusive right to utilize, the Common
Areas (as hereinafter defined), provided that each Owner shall be permitted to post as
“exclusive” or “short-term” parking or “No Parking – Loading Zone” for the benefit of any
Occupants of such Owner’s Lot the parking spaces shown on the Site Plan. Notwithstanding the
foregoing, (i) parking shall not be permitted in drive-thru and loading lanes and areas as the same
are established and maintained from time to time; (ii) overnight parking or parking by
commuters shall not be permitted in any portion of the Common Areas; and (iii) except for
deliveries to Owners and Occupants in the ordinary course of business, the Common Areas shall
be used only for the parking of passenger vehicles, and shall not be used for the parking of large
trucks (exceeding 3/4 ton capacity), campers, mobile homes, trailers, and similar non-passenger
vehicles. In addition, any Owner may designate certain areas to be used for outdoor seating by
one or more Occupants of such Owner’s Lot, subject to all laws, rules, regulations, orders,
permits, approvals and licenses of governmental authorities having jurisdiction over the
Shopping Center (collectively “Governmental Regulations”). Access to such outdoor seating
areas may be restricted by the Owner of the Lot where such seating is located. All construction,
alterations, and/or repair work shall be accomplished in compliance with Governmental
Regulations. The “Common Areas” are defined as the walkways, landscaped and green-space
areas, driveways, entrances and exits and parking areas located on each of the Lots, being all of
the Shopping Center except the areas shown on the Site Plan as the “Building Envelope and
Owner Maintenance Area”, and the green-space areas in the public right-of-way to the extent
maintained by the City of St. Anthony, provided that the Common Areas shall exclude sidewalks
which are not adjacent to the parking area and any sidewalks maintained by the City of St.
Anthony, the patio area and related fencing on Lot 2 as indicated on the Site Plan, and any trash
enclosures.
B. Utility Easements. The Owners hereby grant to each other, for the benefit
of each of the Lots, the Owners, and each Owner’s Occupants, a non-exclusive, perpetual,
appurtenant easement over and under the Common Areas for the use, maintenance, repair and
replacement of underground utility lines. To the extent a portion of a utility line serves more
than one of the Lots, the Owner of the Lot upon which such portion is located shall be
responsible for maintaining such portion of the utility line, and the costs thereof shall be
allocated equally among the Lots which are served by such utility line. To the extent any portion
of a utility line serves only one Lot (each a “Separate Utility Line”), the Owner of such Lot
shall be solely responsible for maintaining such Separate Utility Line, at such Owner’s sole cost
and expense, irrespective of which Lot that portion of the line is located upon. Any Owner
undertaking maintenance of a Separate Utility Line, shall repair, at its own cost and expense, any
and all damage caused to any Lot by such work, and shall restore the affected portion of the Lot
upon which such work is performed to a condition which is equal to or better than the condition
which existed prior to the beginning of such work. In addition, the Owner undertaking such
Separate Utility Line work shall pay all costs and expenses associated therewith, and shall
indemnify, protect, defend and hold the other Owners and their tenants and invitees free and
harmless from and against any and all damages, injuries, losses and/or claims attributable to the
performance of such work, in accordance with Section 9.A.
36
C. Maintenance. The Owners hereby grant a non-exclusive, perpetual
easement over the Common Areas for the benefit of the Maintaining Owner to perform Common
Maintenance Obligations as set forth in Section 5.C(i) below, and for the benefit of each of the
other Owners and Lots for unperformed maintenance as provided in Section 5.C(viii) below and
for performing maintenance on a Separate Utility Line as provided in Section 3.B above and for
the benefit of the Owners whose Lots are served by utility lines traversing the respective Lots for
performing maintenance on such utility lines.
D. Sign Easements.
(i) Grant of Sign Easements. City hereby grants non-exclusive,
perpetual easements as follows: (i) on and over that portion of Lot 2 identified on the Site Plan as
the “Freestanding Sign Construction Envelope” for the installation, operation, maintenance,
repair, replacement, relocation and removal of a freestanding sign (“Shopping Center Sign”)
that identifies the Shopping Center and may identify certain Owners or Occupants of the
Shopping Center in a location within the Freestanding Sign Construction Envelope as approved
by the City of St. Anthony; (ii) over, across and under the Common Areas for reasonable ingress,
egress and access to the Shopping Center Sign; and (iii) over, across and under the Common
Areas for reasonable installation, operation, maintenance, repair, replacement, relocation and
removal of utility lines to service the Shopping Center Sign. Such easements are for the benefit
of the Owner of Lot 1 and Lot 3 and the other Owners or Occupants identified (from time to
time) on said Shopping Center Sign.
(ii) Shopping Center Sign Construction. Subject to Governmental
Regulations, the Owner of Lot 1 shall construct, at its sole cost and expense, the Shopping
Center Sign with space for sign panels identifying certain Owners or Occupants located within
the Shopping Center. The Shopping Center Sign shall be of a design determined by the Owner
of Lot 1 in its sole discretion, subject to Governmental Regulations. The Shopping Center Sign
shall be constructed in accordance with Governmental Regulations, the Site Plan and the
standards set forth in Section 4. The Owner of Lot 3 shall be entitled to a sign panel on the
Shopping Center Sign of a size no less than the area that is the product of the Owner of Lot 3’s
percentage share (as set forth in subsection Section 5.B(vi) below) multiplied by the total sign
panel area on the Shopping Center Sign (“Lot 3 Sign Right”). Other than the Lot 3 Sign Right,
the number of Owners or Occupants and the size of their respective sign panels identified on the
Shopping Center Sign shall be determined in the sole discretion of the Owner of Lot 1. Each
Owner or Occupant identified on the Shopping Center Sign shall install, maintain and repair, at
its sole cost and expense, the sign panel that identifies the Owner or Occupant. The sign panels
shall be in compliance with this Agreement and Governmental Regulations and shall be subject
to approval by the Owner of Lot 1 prior to installation, which such approval shall not be
unreasonably withheld, delayed, or conditioned.
(iii) Shopping Center Sign Maintenance. Except for the sign panels of
Owners or Occupants, the Maintaining Owner shall maintain the Shopping Center Sign,
including related landscaping, illumination and irrigation, if any, in good order, condition and
repair, in accordance with Governmental Regulations and consistent in manner and appearance
with a first-class community shopping center. The Owner of Lot 1 may, after obtaining the prior
written consent of each Owner or Occupant having a sign panel on the Shopping Center Sign,
37
which such consent shall not be unreasonably withheld, delayed, or conditioned , improve, light,
enlarge, reduce, repair or replace the Shopping Center Sign in accordance with Governmental
Regulations. Each Owner or Occupant having a sign panel on the Shopping Center Sign shall be
responsible for its share of all costs to maintain, repair or replace the Shopping Center Sign,
including related landscaping, illumination and irrigation, if any, based on a fraction, the
numerator being the sign panel area of the Owner or Occupant, and the denominator being the
total sign panel area on the Shopping Center Sign. The total sign panel area on the Shopping
Center Sign shall be calculated by adding the panel area utilized by all Owners and Occupants on
the sign together with the area of the space devoted to the name of the Shopping Center. Each
Owner or Occupant identified on the Shopping Center Sign shall maintain and repair, at its sole
cost and expense, its sign panel.
E. Easement for Party Wall.
(i) The southeast wall of the building located on Lot 1 and the
northwest wall of the building located on Lot 2 form a common wall (the “Wall”) near or along
the boundary line between Lots 1 and 2. The Owners of Lots 1 and 2 hereby grant to each other,
for the benefit of each of said Lots, and the Owners and Occupants of said Lots, a perpetual, non-
exclusive easement upon, over and across those portions of Lots 1 and 2 up on which the Wall
may encroach.
(ii) The Wall shall be a party wall, and the Owners of Lots 1 and 2
shall have the right to use it jointly. If it becomes necessary or desirable to repair or rebuild the
whole or any part of the Wall, the repairing or rebuilding expense shall be borne equally by the
Owners of Lots 1 and 2. Any repairing or rebuilding of the Wall shall be at the same location
and of the same size as the original Wall or portion thereof, and of the same or similar material
of the same quality as that used in the original Wall. No major repair, rebuilding or change in
the Wall may be made by the Owner of either Parcel without the prior written consent of the
Owner of the other Parcel.
(iii) In the event of material damage or destruction of the Wall or of
either or both buildings sharing use of the Wall, or upon the election of the Owner of either Lot 1
or 2 made by at least sixty (60) days advance written notice to the Owner of the other Lot, such
Owners shall cooperate with each other in the demolition of the building(s). The Owner desiring
to demolish its building shall pay the costs of such demolition and shall ensure, at its cost and
expense, any structural support work and safety precautions necessary to protect the structural
integrity of the Wall. Upon such demolition, the Owners of Lots 1 and 2 may either reconstruct
the demolished building using the Wall or may construct a detached building serving their Lot on
their Lot, which detached building shall be at least one foot from the common boundary line
between the Lots, provided that if only one building is demolished, the other Owner shall
continue to have an easement for the Wall to the extent of any encroachment on the Lot whose
building was demolished. The Owners of Lots 1 and 2 shall cooperate with each other in
obtaining the necessary building permits and variances, if any, as may be necessary to construct
such buildings consistent with the terms of this Article.
(iv) In the event that the Owners of Lots 1 and 2 cannot reach
agreement with respect to the maintenance, repair or replacement of the Wall, such disputes
38
shall, unless mutually settled between the parties, be submitted to final and binding arbitration
under the rules of the American Arbitration Association. The costs of such arbitration shall be
borne equally by the parties, except that no party shall be obligated to pay any part of the cost of
a stenographic transcript without prior express consent.
(v) In the event that the Owners of either Lots 1 or 2 fail to timely
discharge any of their obligations hereunder, the other Owner may do so, and shall be entitled to
reimbursement from the non performing Owner for one half of the cost of so doing.
(vi) In the event that the Wall is demolished, the Owners of Lots 1 and
2 hereby specifically consent to the maintenance of buildings along their respective common
boundary lines, and each agrees to support any request by the other Owner for a side-yard or
setback variance if the same is required in order to accommodate such placement (e.g., in the
event of a casualty requiring reconstruction).
(vii) In the event the building on either Lot 1 or Lot 2 (or both) is
constructed or reconstructed as a zero lot line building, each Owner performing such
construction along a common boundary line shall:
(a) cause such construction to be completed in such a manner that the
improvements on the adjoining Lot are nor damaged, and that the wall of one building
does not receive support from nor apply pressure to the wall of the other building; and
(b) undertake and assume the obligation of completing and
maintaining the nominal attachment (flashing and seal) of its building to that of the
existing building on the adjoining Lot, it being the intent of that the buildings on Lot 1
and Lot 2 be established and maintained with the appearance of one continuous building
complex.
(c) cause the separation of building walls along the common boundary
line between Lot 1 and Lot 2 to be no less than two (2) inches, and the Owner(s)
performing such reconstruction shall use reasonable efforts to locate its building wall at
least one (1) inch from the common boundary line, but in no event more than six (6)
inches therefrom.
(viii) In the event of either or both of the buildings on Lot 1 and/or Lot 2
is constructed or reconstructed as an “unlimited area” building under applicable building codes,
the Owner(s) of the buildings being reconstructed shall cause all such buildings to comply with
the following requirements:
(a) no building shall be constructed within sixty feet (60’) of
the common boundary line unless such building, hereinafter referred to as the “Adjacent
Building”, shall be located immediately adjacent to the common boundary line and be
attached to the building, if any, on the adjacent Lot in accordance with subsection (vii)(b)
above;
(b) if an Adjacent Building exists, then no building shall be
located within sixty feet (60’) of the Adjacent Building unless such building is attached to
39
the Adjacent Building; the Adjacent Building and all other buildings on the Lot that are
attached to the Adjacent Building and to each other are hereinafter referred to as the
“Building Group”;
(c) any building that is not part of the Building Group, shall be
located at least sixty feet (60’) distant from the Building Group;
(d) the Adjacent Building or the Building Group, as the case may be,
shall comply with the building code requirements applicable to an “unlimited area”
building, including without limitation the installation of an approved sprinkler system for
fire protection.
4. CONSTRUCTION.
A. Site Plan. No material modification shall be made to any of the Lots as
shown on the Site Plan, without the consent of the Owners of the other Lots which consent shall
not be unreasonably withheld, conditioned, or delayed; provided, however, that minor
modifications of an immaterial nature to the Lots may be made by an Owner on such Owner’s
Lot without such consent if such changes do not in any material or adverse way alter traffic flow,
visibility, the number of parking spaces initially constructed on any Lot, and/or access to and
from any Lot.
B. Construction Methods. All construction, alterations, and/or repair work on
any Lot undertaken by the Maintaining Owner (as hereinafter defined) or by the Owner of any
such Lot shall be accomplished with reasonable diligence by skilled laborers in a professional
and workmanlike manner, and with new and first-class quality construction materials. The
Maintaining Owner or an Owner undertaking such work shall take all necessary measures to
minimize any disruption or inconvenience caused by such work. Except in cases of emergency,
no such work shall be scheduled during the peak holiday season, which is defined, for purposes
hereof, as the period from November 15 through January 15 (the “Peak Season”) if such work
will, or is likely to, result in any interference, obstruction or delay in: (i) public access to or from
any Lot; (ii) customer parking; and (iii) the receiving of merchandise by any business on any
Lot. The Owner undertaking such work shall repair, at its own cost and expense, any and all
damage caused to any Lot by such work, and shall restore the affected portion of the Lot upon
which such work is performed to a condition which is equal to or better than the condition which
existed prior to the beginning of such work. In addition, the Owner undertaking such work shall
pay all costs and expenses associated therewith, and shall indemnify, protect, defend and hold
the other Owners and their tenants and invitees free and harmless from and against any and all
damages, injuries, losses and/or claims attributable to the performance of such work. All
construction, alterations, and/or repair work shall be accomplished in compliance with all
Governmental Regulations.
C. Miscellaneous Provisions. All buildings, construction or alterations on or
use of any Lot or portion thereof shall comply with the following requirements, in addition to all
Governmental Regulations:
40
(i) Trash Enclosure. All trash receptacles shall be within a four-
walled trash enclosure and not visible to the public.
(ii) Lighting. All light fixtures shall be properly maintained.
(iii) Building Materials. Any reconstruction or rebuilding of
improvements shall use building materials and colors which were used in the prior
improvements, or building materials and colors which are compatible with those of existing
improvements on the Lots, and shall be primarily masonry products (brick, rockface block,
and/or stucco).
D. Barriers and Obstruction. No barriers or obstructions shall be constructed
or permitted between the Lots or in the driveways, entrances and exits and parking areas shown
on the Site Plan, other than as may be shown on the Site Plan.
5. MAINTENANCE.
A. Owner Maintenance. Subject only to subsection B below, the Owner of
each Lot shall maintain, or cause to be maintained, at is sole cost and expense, in a safe, clean
and tenantable condition and in good order and repair, consistent in manner and appearance with
a first-class community shopping center, all buildings on their respective Lot, and those areas
immediately adjacent to such buildings shown as an “Owner Maintenance Area” on the Site
Plan, any and utility lines serving exclusively such Owner’s Lot (wherever located), and any
trash enclosures on their Lot, and as to Lot 3 only, and the patio area and related fencing on Lot
3. To the extent a utility line serves multiple Lots, maintenance on said line shall be the
responsibility of the Owners of the Lots which are served by such utility line in accordance
with Section 3.B. In the event of damage or destruction by fire or other casualty, the
maintenance of all buildings and related improvements not defined as Common Areas shall be
subject to Section 9.D.
B. Common Maintenance and Charges.
(i) Common Maintenance Obligations. The Maintaining Owner (as
hereafter defined) shall maintain, repair and, as necessary, replace, and keep in safe, clean and
tenantable condition and in good order and repair, consistent in manner and appearance with a
first-class community shopping center, the Common Areas and shall cause the removal of snow
and ice from those sidewalks on Lot 3 which are not part of the Common Areas (collectively, the
“Common Maintenance Obligations”). Without limiting the generality of the foregoing, the
Common Maintenance Obligations shall include:
(a) Parking Areas, Roadways and Sidewalks. The inspection,
maintenance, repair and replacement of the surface and subsurface of the
parking areas, roadways, curbs and sidewalks to a smooth and evenly
covered condition with a type of material at least equal to the quality of
the original material so as to maintain a consistent look and aesthetic
harmony within the Shopping Center. This obligation includes, without
limitation, the cleaning, sweeping, restriping, repairing and resurfacing of
such parking areas, roadways, curbs and sidewalks.
41
(b) Debris and Snow Removal. The periodic pick-up and
removal of all dirt, filth, debris and refuse from the Common Areas. The
prompt removal of snow, ice and surface waters from parking areas,
roadways, curbs and sidewalks and the de-icing and salting of such areas.
Snow shall be plowed as soon as a 1-inch accumulation occurs and plowed
again as necessary to maintain less than a 1-inch accumulation at all times.
Upon cessation of the snowfall, the parking areas, roadways and sidewalks
shall be plowed reasonably close to the paved surface.
(c) Directional Signage. The maintenance, relamp, rewire,
repair, replacement and placing of all entrance, exit and directional signs,
markers, lights and lines in accordance with the practices prevailing in a
first-class community shopping center.
(d) Parking Lot Lighting. The maintenance, relamp, rewire,
repair and replacement of the parking lot lighting facilities, including light
fixtures, light bulbs and related lighting system equipment used in the
operation thereof, in good operating condition.
(e) Landscaping and Irrigation. The maintenance, repair and
replacement of landscaping as necessary to keep the same in a first-class
and thriving condition, including the replacement of shrubs and trees as
necessary. The maintenance, repair and replacement of all grass and other
ground cover so as to keep the same in a first-class and thriving condition,
including regularly scheduled mowing and weed control. The
maintenance, repair and replacement of irrigation and sprinkler systems
located in the Common Areas.
(ii) Budget and Monthly Payment. The Maintaining Owner shall
within sixty (60) days of the beginning of each calendar year prepare and send to the Owners of
the Lots a written budget reasonably detailing the estimated expenses expected to be incurred for
performing the Common Maintenance Obligations during such calendar year (collectively, the
“Common Expenses”). The Maintaining Owner shall use commercially reasonable efforts to
minimize Common Expenses in a manner consistent with the metropolitan commercial real
estate market where the Shopping Center is located. Common Expense shall include, without
limitation, (a) the cost of maintaining the liability insurance required to be carried by the
Maintaining Owner under Section 9.C; (b) a management fee or administrative fee payable to the
Maintaining Owner or to any third party hired by it, for the management of the Common Areas,
but not to exceed fifteen percent (15%) of the Common Expenses; and (c) utility charges which
are not metered directly to an Owner or are consumed in connection with the operation and
maintenance of Common Areas. Notwithstanding the foregoing, and without limitation,
Common Expenses shall not include (x) real property taxes and assessments of a Lot, which shall
be paid by each Owner of a Lot or (y) costs attributable to the clean-up of hazardous substances,
which costs shall be the responsibility of the Owner of the Lot containing such hazardous
substance. Maintaining Owner shall at the same time provide each Owner with the monthly
amount of such Owner’s percentage share (each Owner’s percentage share is set forth in
subsection (vi) below) of such Common Expenses based on such budget and each Owner shall
on or before the fifth (5th) day of each calendar month pay to the Maintaining Owner such
monthly amount (except, so long as the City is the Owner of the Lot 3, the City shall have until
the twentieth (20th) day of each calendar month to pay to the Maintaining Owner such monthly
42
amount). Until Maintaining Owner provides the annual budget, each Owner shall pay the
monthly amount for the preceding calendar year and upon receipt of the annual budget and the
new monthly amount, each Owner shall pay any shortfall between the amounts owed based on
the new budget and the amounts paid based on the previous year’s budget and in the event of any
overpayments due to the difference between such budgets such overpayment shall be credited to
each such Owner to reduce the next due monthly amount payable by each such Owner. Any
Owner may object to the reasonableness of the budget presented by Maintaining Owner,
provided that any objections must (a) be in writing, (b) be presented to the Maintaining Owner
within sixty (60) days of Maintaining Owner’s delivery of the budget, and (c) specify the items
objected to and the basis for such objection. Failure to timely present such objections or
otherwise comply with the foregoing requirements shall constitute waiver of the right to object to
any item not properly objected to. Upon receipt of any timely and proper objections,
Maintaining Owner shall consult with the Owners in good faith to resolve such objections. If
such objections cannot be resolved by agreement, such objections shall be presented to an
unaffiliated third party property manager with at least five (5) years’ experience of managing
properties similar to the Lots in the Minneapolis/St. Paul greater metropolitan area and chosen by
a majority of the Owners for final and binding resolution of such objections. In the event that
any Owner’s (except for the Maintaining Owner’s) share of Common Expenses is more than
sixty (60) days delinquent, the Maintaining Owner may add such delinquent amount to the
collective Common Expenses installment from all of the other Owners for the following month,
provided that, when such delinquency is collected, such amount shall be applied to the reduce the
next succeeding monthly amount owed by the non-delinquent Owners.
(iii) Reconciliation and Audit. Within sixty (60) days after the end of
each calendar year, the Maintaining Owner shall provide each Owner with a written
reconciliation of the Common Expenses actually incurred for such calendar year as compared to
the amounts previously budgeted and a detailed general ledger of all such expenditures for
Common Expenses in electronic form. To the extent that the Common Expenses paid by the
Owners during the subject calendar year based on the budget for such year are less than the
Common Expenses actually incurred, each Owner shall pay to the Maintaining Owner its
percentage share of such shortfall upon receipt of the reconciliation. To the extent that the
Common Expenses paid by the Owners during the subject calendar year are greater than the
Common Expenses actually incurred, each Owner’s percentage share of such excess shall be
credited to such Owner to reduce the next due monthly amount(s) payable by each such Owner.
The Maintaining Owner shall keep complete records of all costs to be paid by each Owner
under Section 5.B for at least twenty-four months (24) months following a calendar year. From
time to time, as any Owner may reasonably request, Maintaining Owner will provide the Owners
with a detailed general ledger of year-to-date expenditures for Common Expenses in electronic
form. The Maintaining Owner ‘s records shall be open to inspection and audit by the Owners, at
their own expense, for a period of not more than twenty-four months (24) months following a
calendar year. Each Owner shall have the right to inspect such records upon fifteen (15) days’
notice to the Maintaining Owner. Any objection to the determination of the amount of costs and
the allocation thereof shall be raised within twenty-four months (24) months following the end of
the applicable calendar year, or such objection shall be deemed to have been waived. If such
audit shows that the Maintaining Owner’s annual reconciliation is incorrect and that the Owners
have been overcharged by more than ten percent (10%) of the actual Common Expenses for two
(2) calendar years in a row, the Maintaining Owner shall pay the costs of such audit; otherwise
43
the costs of such audit (including copying charges) shall be borne by the Owner performing such
audit. An Owner wishing to conduct such audit shall review the records in the location where
they are maintained by the Maintaining Owner, provided that Maintaining Owner will provide
Owner with electronic copies of such records to the extent Maintaining Owner keeps such
records in electronic form.
(iv) Budget Adjustment; Special Assessment; Negligent or Willful
Damage. In the event that Maintaining Owner reasonably determines that Common Expenses
must be incurred during a calendar year which were not included in the budget for such calendar
year, Maintaining Owner may present an amended budget to the Owners and, if no objections are
made or upon resolution of any such objections in accordance with provisions applicable to the
initial budget, the monthly amount payable by the Owners shall be adjusted in accordance with
the amended budget. If performance of the Common Maintenance Obligations requires an
extraordinary expenditure not included within the budget and not paid for by insurance proceeds
(e.g., replacement of landscaping damaged by storm), the Maintaining Owner may notify the
Owners of the need for a special assessment. If no objections are made to such extraordinary
expenditure, or upon resolution of any such objections in accordance with provisions applicable
to the initial budget, the Owners shall pay to the Maintaining Owner the estimated amount of
such Common Expense (each Owner paying its percentage share as provided in Section 5.B(vi))
upon reasonable documentation of the expected costs thereof. To the extent that maintenance,
repair and/or replacement work is required on any of the Common Areas as the result of the
negligence or willful misconduct of any Owner or any Owner’s Occupants, the Maintaining
Owner shall charge, and such Owner shall pay, all of the cost relating to such maintenance,
repair and/or replacement work without contribution from the other Owners.
(v) Maintaining Owner. As of the date of this Agreement, the
“Maintaining Owner” shall be the Owner of Lot 1. It is acknowledged and agreed that the
Maintaining Owner may retain a management company to perform the duties of the Maintaining
Owner hereunder, subject to the other Owners’ prior approval of such management company,
which shall not be unreasonably withheld.
(vi) Percentage Shares of Common Expenses. The percentage share of
Common Expenses to be borne by the Owner of any Lot shall be in the same proportion of such
total Common Expenses as the number of gross square feet of the building on such Lot (the
“Building Square Footage”) bears to the total number of gross square feet of buildings on all
the Lots (the “Total Building Square Footage”). The original percentage shares of the Lots
shall be as follows:
Lot Building Square Footage Percentage Share
Lot Building Square Footage Percentage Share
1 11,332 45.62%
2 9,010 36.27%
3 4,500 18.11%
44
Total 24,842 100%
The percentage share of Common Expenses to be borne by the Owner of any Lot shall not be
reduced in the event the gross square feet of the building on such Lot is reduced due to damage
or destruction by fire or other casualty or otherwise reduced in violation of this Agreement.
(vii) Maintaining Owner’s Resignation or Replacement. Upon ninety
(90) days written notice to the Owners, the then Maintaining Owner shall be entitled to resign its
Common Maintenance Obligations under this Section 5.C. In such event, the Maintaining
Owner may designate one of the other Owners as its replacement and, if such Owner accepts
such appointment, such newly designated Owner shall thereafter be the Maintaining Owner with
the rights and responsibilities hereunder. If the Maintaining Owner fails to designate a successor
which accepts such appointment, the Owners shall select a replacement party (which may be
another Owner, a tenant of a Lot or a third party) by majority vote of the Owners to perform the
Common Maintenance Obligations. In the event that the Maintaining Owner fails to perform its
duties hereunder after thirty (30) days prior written notice of such failure by one or more of the
other Owners, the Maintaining Owner may be relieved of its Common Maintenance Obligations
under this Section 3.C by majority vote of the Owners of the Lots other than the Maintaining
Owner, provided that a majority of the Owners (other than the Maintaining Owner being
replaced) have selected a replacement party (which may be an Owner, or tenant of the Center or
a third party) to perform the Common Maintenance Obligations.
(viii) Owner Failure to Maintain. In the event an Owner of a Lot fails to
appropriately perform its maintenance obligations as provided herein, then following thirty (30)
days written notice from any other Owner given in accordance with Section 17, the notifying
Owner shall have the right to perform such neglected maintenance and the nonperforming Owner
shall be responsible for the reasonable costs of the performing Owner’s performance of such
neglected maintenance. In the event the neglected maintenance in question involves the failure
of an Owner to keep the driveways, walkways, entrances, exits and areas of ingress and egress
reasonably free from ice and snow, the thirty (30) day notice provision set out in this
subparagraph shall not be deemed to be applicable and the Owner wishing to perform neglected
maintenance shall only be required to give such notice as may be reasonable under all of the
facts and circumstances.
6. LIGHTING. Subject to the requirement that all lighting comply with
Governmental Regulations, an Owner of a Lot shall keep its Lot fully illuminated each day after
dusk until the later of (a) 1:00 a.m., or (b) at least thirty (30) minutes after the last business
operation on its Lot has closed. Each Owner shall keep any exterior building security lights on
from dusk until dawn. During the term of this Agreement, each Owner grants an irrevocable
license to each other Owner for the purpose of permitting the lighting from one Lot to
incidentally shine on the other Lot.
It is recognized that the business establishments operating on the Lots may be open for
business at different hours, and that the Owner or tenant of one Lot may wish to have the exterior
lights on the other Lot(s) kept lit beyond the required period. Accordingly, the Owner of a Lot
(“Requesting Party”) shall have the right, at any time to require the Owner of the other Lot
(“Requested Party”) to keep its exterior lights on until a later hour as stipulated by the
45
Requesting Party, provided that the Requesting Party provides written notice to the Requested
Party of such request not less than fifteen (15) days in advance. The Requesting Party shall state
the period during which it wishes the lights to be kept on to a later hour and shall pay to the
Requested Party a prepayment deposit as follows:
(i) If the period for which extended lighting hours is requested is less than thirty
(30) days, then the deposit shall be one hundred ten percent (110%) of the reasonable cost
(as estimated by the Requested Party) of electrical power for such incremental later hours
to be incurred by the Requested Party.
(ii) If the period for which extended lighting hours is requested is greater than or
equal to thirty (30) days, then the deposit shall be one hundred ten percent (110%) of the
reasonable cost (as estimated by the Requested Party), of electrical power during the first
thirty (30) days of the period for such later hours to be incurred by the Requested Party.
If the period is greater than thirty (30) days, the Requesting Party shall renew such
prepayment deposit at the end of each thirty (30) day period.
The Requesting Party agrees to pay to the Requested Party one hundred ten percent (110%) of
the cost of electrical power to provide such extra-hours’ illumination. If the Requested Party is
of the opinion that the deposits made by the Requesting Party do not cover one hundred ten
percent (110%) of such costs, the parties shall attempt to agree to the cost of such electrical
power and if they cannot do so, then the amount the Requesting Party is obligated to pay shall be
determined from the power costs as estimated by the electrical utility company furnishing such
power, or if the utility fails to do so, by a reputable engineer. Upon the failure of a Requesting
Party to pay the aforesaid amount or renew a deposit as required hereby, the Requested Party
shall have the right to discontinue such extended lighting and to exercise other remedies herein
provided. Any such request for extended lighting may be withdrawn or terminated at any time
by written notice from the Requesting Party, and a new request or requests for changed hours
may be made from time to time.
7. INTERFERENCE. Notwithstanding any other provision in this Agreement to the
contrary, any Owner may from time to time, as often and for so long as reasonably necessary
therefore, interfere with or close on a temporary basis any part of any of the easement areas if
such interference is done in connection with the construction, repair, maintenance or replacement
of any of the improvements upon any of the easement areas, provided (a) such activity does not
occur during the Peak Season and (b) only one access point to a Lot is temporarily obstructed at
any time. Except in an emergency, an Owner performing such work shall provide thirty (30)
days prior written notice to the other Owners; provided, however, that in the event of an
emergency said thirty (30) day notice provision shall not apply and only such notice as may be
reasonable under the circumstances shall be required. Additionally, during any period when any
building improvement on a Lot is undergoing construction, reconstruction, maintenance or
repair, the Owner of such Lot under construction shall be entitled to interfere on a temporary
basis with the easements provided for herein as to such Lot so long as reasonable alternative
means of ingress to and egress from the Lots are provided. The Owners of the Lots shall make
every reasonable effort to minimize the interference with the rights granted herein. The Owners
reserve the rights to make such use of the easement areas as will not materially interfere with the
rights granted in this Agreement.
46
8. EMPLOYEE AND SHORT TERM PARKING. Each Owner shall use reasonable
efforts to ensure that employees of businesses located on its Lot park in areas which are not
primary customer parking areas. Those parking spaces located on each Lot and identified on the
attached Site Plan as either “Exclusive Parking” or “Short-Term Parking” may be posted by the
Owner of each such Lot and used for exclusive or short term parking, as the case may be, for the
benefit of said Owner and its tenants and their invitees.
9. LIABILITY AND INDEMNIFICATION; INSURANCE; CASUALTY.
A. Negligence. The Owner of each respective Lot shall be responsible for
those maintenance and repair expenses caused or occasioned by the negligent or willful acts or
omissions of said Owner, its agents, employees, lessees, licensees, contractors, or invitees who
have caused or created any extraordinary repair or maintenance expense to such Lots.
B. Indemnification. To the extent permitted by applicable law, the Owner of
each respective Lot (“Indemnifying Owner”) hereby agrees to indemnify and save the Owners
of the other Lots (the “Indemnified Owner”) harmless from and against any and all suits,
demands, liabilities, costs and other expenses, including reasonable attorneys’ fees, incurred in
connection with or arising out of the use of the easement areas on such other Lots by the
Indemnifying Owner or its employees, agents or contractors, tenants, invitees, licensees, or any
tenants’ subtenants, invitees or licensees, of such respective Lot and from any mechanic’s lien
filed against other Lots for work done at the request of the Indemnifying Owner or any tenant of
such Lot in connection with said Lot.
C. Insurance. Each Owner shall be responsible for obtaining its own
insurance. The cost of insurance shall not be a Common Expense. Each Owner shall maintain
or cause to be maintained and keep in force (i) commercial general liability insurance in amounts
of not less than $2,000,000 per occurrence and $2,000,000 annual aggregate combined single
limits for bodily injury liability and property damage liability, and $2,000,000 for personal injury
liability, and (ii) insurance covering the buildings and other improvements on such Lot against
all risks of direct physical loss in an amount of not less than 100% of the full replacement cost
(without deduction for depreciation) of such improvements as such replacement cost shall be
determined from time to time. Each Owner shall provide a certificate evidencing such insurance
to the Owner of another Lot within 15 days of such written request. The Maintaining Owner (or
a property manager retained by the Maintaining Owner to perform the Common Maintenance
Obligations) shall maintain commercial general liability insurance covering the Maintaining
Owner’s activities with a per occurrence combined single limit of liability of not less than Three
Million Dollars ($3,000,000) and Three Million Dollars ($3,000,000) in the aggregate; provided
that such limits shall be increased to an amount that is the reasonable prevailing practice in other
comparable retail centers of similar size in the metropolitan area where the Shopping Center is
located. The insurance policy required hereunder shall: (i) name the other Owners as additional
insureds; (ii) provide that the policy may not be canceled or materially reduced in amount or
coverage without at least twenty (20) days prior written notice by the insurer to each insured and
any additional insured; (iii) provide that an act or omission of one of the insureds or additional
insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage
as to any other insureds or additional insureds, respectively; (iv) be an “occurrence” based policy
and not a “claims made” based policy; and (v) have a deductible of no greater than $25,000.00.
47
The premiums for said policy and any deductibles payable shall be included in Common
Expenses. The above-described limits of liability may be included in the Maintaining Owner’s
blanket policy covering other locations in addition to the Lot or Lots owned by such Owner so
long as such Owner also maintains an umbrella policy of insurance with a per occurrence limit of
liability of not less than Five Million Dollars ($5,000,000). The insurance maintained by the
Maintaining Owner shall be primary and not contributory.
D. Casualty. In event that any building or other structure on a Lot is
damaged or destroyed, the Owner of such Lot shall, at such Owner’s option, either: (i) cause
such improvements to be diligently repaired, reconstructed and restored within a reasonable time
to the condition existing just prior to such destruction or damage in accordance with all
requirements of this Agreement; (ii) cause other similar improvements to be diligently
constructed on the area destroyed or damaged within a reasonable time period, which other
similar improvements shall be compatible and integrated with the remaining improvements of
the Shopping Center in accordance with all requirements of this Agreement; (iii) immediately
raze the remainder of such building and improvements, remove all debris from the Lot, and
either (a) completely landscape or (b) install a parking areas consistent with the existing parking
areas of the Shopping Center and in accordance with all requirements of this Agreement, and
maintain the same until such time the Owner commences construction of a new building and
improvements on the Lot.
E. Release. Notwithstanding the foregoing provisions of this Section 9, the
Owners of each respective Lot hereby release each other from any and all liability or
responsibility to the other or anyone claiming through or under them by way of subrogation or
otherwise for any loss or damage to property caused by fire or any of the extended coverage
casualties, even if such fire or other casualty shall have been caused by the fault or negligence of
the other Owner, its agents, employees, lessees, licensees or invitees.
10. DEFAULT AND REMEDIES. An Owner shall be deemed to be in default if (i)
such Owner fails to make any payment when due as required under this Agreement and such
failure continues upon the expiration of ten (10) days from receipt of written notice from any
other Owner (a “Default Notice”) or (ii) upon the expiration of thirty (30) days from receipt of a
Default Notice from any other Owner specifying the particulars in which such defaulting Owner
has otherwise failed to perform the obligations of this Agreement unless that Owner, prior to the
expiration of such thirty (30) days, has rectified the particulars specified in the Default Notice.
However, such Owner shall not be deemed to be in default if such failure (except the failure to
pay any monetary obligation) cannot be rectified within the thirty (30) day period despite its best
efforts in good faith to do so, and such Owner shall have commenced to cure the default within
the thirty (30) days and diligently pursues such cure until completed. In the event of a default
that is not curable or not cured as provided in the preceding sentences, each non-defaulting
Owner shall have all of the rights and remedies set forth in this Agreement, including but not
limited to:
A. Legal Action. Any other Owner may institute legal action against the
defaulting Owner for specific performance, declaratory relief, damages or other suitable legal or
equitable remedy; in addition to the recovery of damages and of any sums expended on behalf of
the defaulting Owner, the prevailing party in the action shall be entitled to receive from the other
48
party its actual attorneys’ fees and costs for services rendered to the prevailing party in any such
action (including any appeal thereof).
B. Performance and Reimbursement. Upon a default hereunder, in addition
to the Maintaining Owner adding delinquent amounts to the Common Expenses as provided in
Section 5 hereof, the Owner providing the Default Notice may remedy such default by payment
or performance (the “Curing Owner”). Any Owner that pays another Owner’s delinquent
amounts of Common Expenses as provided in Section 5 hereof shall be deemed to be a Curing
Owner. The defaulting Owner shall immediately reimburse the Curing Owner for all reasonable
costs incurred by the Curing Owner to remedy the default, which amount shall bear interest at
the lesser of (a) eighteen percent (18%) per annum or (b) the maximum rate permitted to be
charged under Minnesota law until paid and include the Curing Owner’s costs and attorneys’
fees associated remedying the default.
C. Lien. Each Owner shall have a lien in its favor upon the Lot of an Owner
who is in default of this Agreement to secure all amounts (including interest) incurred
under Section 10.B. The lien provided for in this Agreement shall only be effective when filed
for record by a Curing Owner as a claim of lien against the defaulting Owner in the office of the
County Recorder (or the Registrar of Title for Torrens property) in and for Hennepin County,
Minnesota, signed and verified, which claim of lien shall contain the following as well as any
other information required by law in order to make the lien effective under the Minnesota
mechanic lien laws:
(1) A statement of the unpaid amount of costs and expenses;
(2) A description sufficient for identification of that Lot of the defaulting
Owner which is the subject of the lien;
(3) The last known name and address of the Owner or reputed Owner of the
Lot which is the subject of the lien; and
(4) The name and address of the lien claimant.
The lien may be enforced in accordance with the mechanic lien law of the State of Minnesota.
Upon payment in full (prior to foreclosure) of the amounts necessary to satisfy the lien together
with all applicable interest due thereon, the Curing Owner shall promptly cause to be recorded a
further notice stating the satisfaction and release of the lien against the defaulting Owner’s Lot.
Any lien provided for herein shall be subordinate to the lien of any first mortgage filed of record
against any Lot prior to the filing of any such lien.
D. No Waiver. No delay or omission of any Owner in the exercise of any
right accruing upon any default shall impair any such right or be construed to be a waiver
thereof, and every such right may be exercised at any time during the continuance of such
default. A waiver by any Owner of a breach or a default of any of the terms and conditions of
this Agreement shall not be construed to be a waiver of any subsequent breach or default of the
same or any other provision of this Agreement. Except as otherwise specifically provided in this
Agreement, no remedy provided in this Agreement shall be exclusive, but each shall be
cumulative with all other remedies provided in this Agreement and at law or in equity.
49
E. No Termination. It is expressly agreed that no breach, whether or not
material, of the provisions of this Agreement shall entitle any Owner to cancel, rescind or
otherwise terminate this Agreement, but such limitation shall not affect, in any manner, any other
rights or remedies which any Owner may have hereunder by reason of any breach of the
provisions of this Agreement.
F. Limitation on Liability. Notwithstanding anything to the contrary
contained herein, other than liability for Common Expenses which shall not be limited, in the
event an Owner recovers a money judgment against a defaulting Owner under this Agreement,
the judgment shall be satisfied only out of the right, title and interest of the defaulting Owner in
the Shopping Center; provided that the foregoing shall not limit any right that an Owner might
have to obtain injunctive relief or to maintain any suit or action in connection with the
enforcement or collection of damages to the extent that such damages are payable under policies
of liability insurance maintained by an Owner. Each Owner agrees that there shall be no
individual liability of any partners, officers, directors, shareholders or employees of an Owner
with respect to any claims under this Agreement and expressly waives any and all rights to
proceed against such parties.
11. EMINENT DOMAIN. In the event any portion of the Shopping Center shall be
taken by the power of eminent domain, the award shall be paid to the Owner owning the land or
the improvement taken, except that (a) if the taking includes a portion of the Common Areas, the
portion of the award allocable thereto shall be used to relocate, replace or restore such portion of
the Common Areas to a useful condition, and (b) if the taking includes easement rights, the
portion of the award allocable to such easement rights shall be paid to the respective grantees
thereof. In addition to the foregoing, if a separate claim can be filed for the taking of any other
property interest existing pursuant to this Agreement which does not reduce or diminish the
amount paid to the Owner of the land or the improvement taken, then the Owner of such other
property interest shall have the right to seek an award for the taking of such interest. The term
“eminent domain” shall include the taking or damaging of property by, through or under any
governmental or quasi-governmental authority, and any purchase or acquisition in lieu thereof,
whether or not the taking or damaging is by the government or any other Person.
12. SIGNS. Occupants of buildings within the Center shall be permitted to install on
such buildings such signage as may be approved by the City of St. Anthony under its sign
ordinance.
13. TERMINATION OF COVENANT LIABILITY. Whenever a transfer of
ownership of any Lot (or any part thereof) takes place, liability of the transferor for breach of this
Declaration occurring thereafter with respect to the transferred Lot shall automatically terminate,
except that a transferor shall remain liable for any obligations that arise prior to the date of such
transfer that have not been performed.
14. BINDING EFFECT. The terms, provisions and easements provided herein shall
inure to the benefit of and be binding upon the tenants, employees, heirs, legal representatives,
successors and assigns of the parties hereto. The covenants, agreements and easements
contained herein shall be deemed to run with, burden and benefit each of the Lots.
50
15. AMENDMENT. This Agreement may not be modified, rescinded, limited,
amended or enlarged except by a written agreement signed by all of the Owners of the Lots at the
time of such amendment whose interests are of record and the holder at the time of such
amendment of any mortgage interest of record (a “Mortgage”) encumbering any of the Lots (a
“Mortgagee”).
16. INTERPRETATION OF AGREEMENT. The rule of strict construction shall not
apply to the easements granted in this Agreement or to the covenants set forth herein. This
Agreement shall be given a reasonable construction so that the intention of the Owners to confer
reasonably usable benefits and reasonably enforceable obligations are carried out.
17. NOTICE. Any notice to be given hereunder shall be in writing and will be
regarded as effective (i) three (3) days after mailing of such notice certified or registered mail,
return receipt requested and postage prepaid; (ii) on the date the notice is delivered, or attempted
to be delivered if refused, by a reputable overnight delivery service with proof of delivery or
refusal; or (iii) immediately upon personal delivery, or attempted to be delivered if refused, and
addressed to the party to receive the notice at the address last provided or to such last address as
known by the person sending such notice. If an Owner has not provided its address for notices to
any other Owner desiring to give notice to such Owner, then the notice shall be addressed to the
persons identified in the Hennepin County real estate tax records as the owner and taxpayer of
the Lot owned by the Owner that has not provided its address, using the addresses shown for
such owner and taxpayer by such records. Any Owner, or their successors, may file written
notice of change of address with the other.
18. MORTGAGE SUBORDINATE. Any Mortgage affecting any Lot shall at times
be subject and subordinate to the terms of this Agreement and any person foreclosing any such
Mortgage, or acquiring title by reason of a deed in lieu of foreclosure, shall acquire title to the
property affected thereby subject to all of the terms of this Agreement.
19. ESTOPPEL CERTIFICATES. At any time, and from time to time, within twenty
(20) days after written request is made by an Owner or its designee or Mortgagee for a certificate
as to the matters hereinafter described (“Requesting Owner”) the then other Owners of all Lots
shall execute and deliver to the Requesting Owner (or such designee or Mortgagee) a written
certificate certifying that this Agreement is unmodified and in full force and effect (or if there
have been modifications, that it is in full force and effect as modified) and that to the knowledge
of such Owner there exists no default under this Agreement or circumstances which with the
passage, of time would result in the existence of such a default, other than as specified therein.
Failure to deliver such a certificate within the said twenty (20) day period shall have the same
force and effect as if the Owner failing to so deliver the certificate had executed the certificate in
the form in which it was presented by the Requesting Owner (or such designee or Mortgagee).
20. USE RESTRICTIONS. No building within the Shopping Center shall be used as
a bowling alley, skating rink, bingo or billiard parlor, nightclub or any operation whose primary
purpose is selling alcohol for on-site consumption (as opposed to a restaurant and market with a
liquor license, which is expressly permitted), liquor store (except a municipally-owned liquor
store), flea market, theatre, video arcade, a so-called “off-track betting” operation, or a store
specializing in the sale of drug paraphernalia or for the display of pornographic materials. Retail
51
uses not described above and office uses are expressly permitted. [NOTE – THESE ARE
ADDED IN ANTICIPATION OF THE TERMINATION OF THE DEVELOPMENT
AGREEMENT IN WHICH THEY ARE CURRENTLY INCLUDED]
SIGNATURES ON SUCCEEDING PAGE
52
IN WITNESS WHEREOF, Village and City have caused this instrument to be executed
as of the day and year first above written, subject to all of the terms and conditions herein set
forth.
ST. ANTHONY VILLAGE CENTER, LLC, a Florida
limited liability company
By: ________________________________
Its: _________________________________
CITY OF ST. ANTHONY
By: ________________________________
Its Mayor
And by: ________________________________
Its City Manager
53
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________, 2016 by
_____________________, as __________________ of St. Anthony Village Center, LLC, a
Florida limited liability company, on behalf of the limited liability company.
________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________, 2016 by
_____________________ and __________________, as the Mayor and the City Manager,
respectively, of the City of St. Anthony, a body corporate and politic under the laws of the State
of Minnesota, on behalf of the corporation.
________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Malkerson Gunn Martin LLP
Attn: Michael A. Putnam, Esq.
220 South Sixth Street, Suite 1900
Minneapolis, Minnesota 55402
(612) 344-1111
54
EXHIBIT "A"
Legal Description of Lots
Lot 1: Lot 1, Block 1, St. Anthony Village Center
Lot 2: Lot 2, Block 1, St. Anthony Village Center
Lot 3:
55
EXHIBIT "B"
56
57
58
PAYMENT IN LIEU OF TAXES AGREEMENT
This Agreement is entered into this _____ day of ____, 2016, by and between ST.
ANTHONY VILLAGE CENTER, LLC, a Florida limited liability company (“Center”), and the
CITY OF ST. ANTHONY, a body corporate and politic under the laws of the State of Minnesota
(the “City”).
WHEREAS, Center and the City are the owners of all the units of Common Interest
Community No. 1342, Hennepin County, Minnesota (the “CIC”), with Center being the owner of
Unit 1 of the CIC (the “Center Unit”) and the City being the owner of Unit 2 of the CIC (the
“City Unit”).
WHEREAS, the land forming the CIC (the “Property”) is improved with an integrated
strip shopping center and associated parking lot and other common areas (“Shopping Center”).
WHEREAS, Center has requested that the City agree to (i) the termination of the CIC;
(ii) the subdivision of the underlying CIC land into two, separate platted lots (“Subdivision”);
and enter into of a reciprocal easement agreement to govern the use and maintenance of the
Property and Shopping Center.
WHEREAS, the City Council of the City on ______________, 2016 approved, the
Subdivision of the Property into the plat of St. Anthony Village Center (the “Plat”). Center shall
be the owner of Lot 1, Block 1 of the Plat (“Center Lot”) and the City will be the owner of Lot 2,
Block 1 of the Plat (“City Lot”).
WHEREAS, by virtue of the Subdivision, the CIC termination, and the City’s ownership
of the City Lot in lieu of the City Unit, the City will own fee title to a larger parcel of the
Property, thereby resulting in a larger portion of the Property being exempt from real property
taxes than was previously exempt when the Property was structured as the CIC.
WHEREAS, to compensate the City for such reduction in taxable real property and
corresponding reduction in property taxes payable to the City, Center has agreed to pay to the
City payment s in lieu of taxes in accordance with terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
59
1. Recitals. The above Recitals, including the definitions and exhibits, are
incorporated into and made part of this Agreement by this reference.
2. PILOT. Commencing in 2018, Center agrees to pay to the City payments in lieu
of taxes (each a “PILOT”) on May 15 and October 15 of each year in perpetuity. The initial
PILOT shall be in the amount of $1,917.00, with $958.50 payable on May 15, 2018 and $958.50
payable on October 15, 2018. The PILOT will increase on an annual basis by four percent
(4.00%). This annual increase will be calculated based on taxes due and payable in the current
calendar year and will commence in 2019.
3. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
4. Duration. The covenants contained herein shall run with the land in perpetuity
and shall bind Center and its successors and assigns.
5. Remedies. The City and Center shall each be entitled to all rights and remedies
available under law for the enforcement of this Agreement, including the payment of fees and
costs for enforcement of this Agreement payable to the prevailing party. In the event of
nonpayment by Center, the City may, at its discretion, levy any unpaid payment that is due
hereunder as a special assessment. If such assessment is levied, Center waives any rights to a
hearing or notice of a hearing relating to the special assessments and also expressly waives any right
to object to such assessments in an amount specified in this Agreement, as provided for under Minn.
Stat. § 429.081.
6. Notices. All notices, reports or other communications relating to this Agreement
shall be sent to the parties at the following addresses, unless otherwise provided by one party to
the other party in writing:
To Center: _____________________
_____________________
_____________________
_____________________
_____________________
To the City: _____________________
_____________________
_____________________
_____________________
_____________________
7. Amendment. This Agreement may be amended in writing at any time, and from
time to time, by the mutual consent of the parties hereto.
8. Counterparts. This Agreement may be executed in one of any number of
counterparts, each of which will be deemed an original and all of which, taken together, will
60
constitute one and the same instrument, binding on all of the parties hereto, notwithstanding that
all of the parties may not be signatory to the original of the same counterpart.
SIGNATURES ON SUCCEEDING PAGE
61
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
ST. ANTHONY VILLAGE CENTER, LLC, a Florida
limited liability company
By: ________________________________
Its: _________________________________
CITY OF ST. ANTHONY
By: ________________________________
Its Mayor
And by: ________________________________
Its City Manager
62
STATE OF _____________ )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________, 2016 by
_____________________, as __________________ of St. Anthony Village Center, LLC, a
Florida limited liability company, on behalf of the limited liability company.
________________________________
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________, 2016 by
_____________________ and __________________, as the Mayor and the City Manager,
respectively, of the City of St. Anthony, a body corporate and politic under the laws of the State
of Minnesota, on behalf of the corporation.
________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey & Whitney, LLP
50 South Sixth Street
Suite 1500
Minneapolis, MN 55402
(612) 340-2600
63
THIS PAGE LEFT INTENTIONALLY BLANK
64
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-085
A RESOLUTION APPROVING CERTAIN REAL ESTATE DOCUMENTS
FOR ST. ANTHONY VILLAGE CENTER
WHEREAS, the current owner of St. Anthony Village Center located at 2702 – 2714 County Road 88;,
Daniel Shattuck, desires to sell the property to John Trautz of Trautz Properties, LLC,
and the prospective owner has separately requested plat, with variances in order to
remove the Common Interest Community plat, the Condo Association and to replace the
CIC and Condo Association with an easement agreement; and
WHEREAS, City staff and attorneys have negotiated substantially complete versions of the required
real estate transactional documents.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony does hereby
approve the following documents to be finalized and executed on behalf of the City by
the Mayor and City Manager in consultation with the City Attorney:
1) Reciprocal Easement and Restriction Agreement;
2) Payment lieu of taxes agreement;
3) Termination of common interest community agreement and recording of certificate of
termination; and
4) Quit claim deeds and other required ancillary real estate documents.
Adopted this 22nd day of November, 2016.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
65
THIS PAGE LEFT INTENTIONALLY BLANK
66
701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
Building a legacy – your legacy.
Equal Opportunity Employer | wsbeng.com
K:\02170-340\Admin\Resolutions\LTR-hmcc-111416.docx
November 14, 2016
Honorable Mayor, City Council and Staff
c/o Mark Casey, City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Resolution Approving Plans and Specifications and Ordering Advertisement for Bids
2017 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 02170-34
Dear Honorable Mayor, City Council, and Staff:
Following this letter is a resolution for your consideration at the November 22, 2016 City Council Meeting.
The resolution for your consideration approves the plans and specifications and authorizes the
advertisement for bids for the 2017 Street and Utility Improvement Project.
We anticipate opening bids on or near January 12, 2017 and bringing the bid results to Council in
January.
Mr. Pete Willenbring will be in attendant at your November 22, 2016 Council Meeting to present the
resolution and answer questions, or you may call me at (763) 287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
kkp
67
THIS PAGE LEFT INTENTIONALLY BLANK
68
2017 Street and Utility
Improvement Project
November 22, 2016
Remaining Streets & Utility
Reconstruction Projects
Method for Selection
1.Flood Relief Effort
2.Existing Utility Deterioration
3.Pavement Condition
4.Adjacent Infrastructure Replacement
(Construction Phasing)
69
Project Location
Penrod Lane
Skycroft Drive
Maplewood Drive
Chelmsford Road
Street Reconstruction
Silver Lake Court
Mill and Overlay
Street & Utility
Reconstruction
Mill and Overlay
Sanitary Sewer System Improvements
70
Water System Improvements
Drainage Improvements
71
Street Reconstruction
Mill and Overlay
72
Project Costs / Funding Breakdown
Street Reconstruction $596,900 $1,108,500 $1,705,400
Sanitary Sewer Improvements $0 $449,800 $449,800
Water Main Improvements $67,300 $511,800 $579,100
Storm Sewer Improvements $75,400 $140,000 $215,400
Mill & Overlay Improvements $0 $60,700 $60,700
Total $739,600 $2,270,800 $3,010,400
2017 STREET AND UTILITY IMPROVEMENT PROJECT
City of Saint Anthony Village, Minnesota
Proposed Improvements TotalSpecial
Assessments
City
Costs
Funding Sources
Special Assessment
429 Public Improvement Bonds
Street Reconstruction
Assessed Parcels
73
Project Schedule
Council Authorize Feasibility June 14, 2016
(1st of 7 meetings)
Council Accept Feasibility August 23, 2016
(2nd of 7 meetings)
1st Public Info Meeting September 28, 2016
(3rd of 7 meetings)
Council Approve Plans November 22, 2016
(4th of 7 meetings)
Receive Bids/Compute Assessments January 2017
(5th of 7 meetings)
2nd Public Info Meeting February 2017
(6th of 7 meetings)
Public Hearing/Award Contract March 2017
(7th of 7 meetings)
Project Schedule – cont’d
Award Sale of Bonds April 2017
Begin Construction April / May 2017
Substantial Completion September 2017
Final Paving June 2018
74
Email Notifications
Sign up to receive weekly email updates and notification
regarding the 2017 Street & Utility Improvement Project by
visiting the webpage located under “Community Projects” on
the City’s website at http://www.ci.saint-anthony.mn.us/
Questions?
75
THIS PAGE LEFT INTENTIONALLY BLANK
76
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 16-086
A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS FOR THE
2017 STREET AND UTILITY IMPROVEMENTS
WHEREAS, the engineering firm of WSB & Associates, Inc. has prepared plans and specifications for the
improvement of:
Street & Utility Reconstruction
• Penrod Lane from 36th Avenue NE to Skycroft Drive
• Skycroft Drive from Penrod Lane to Maplewood Drive
• Maplewood Drive from Skycroft Drive to Highcrest Road NE (including adjacent cul-
de-sacs)
• Chelmsford Road from 36th Avenue NE to Maplewood Drive
Bituminous Mill and Overlay
• Silver Lake Court from Silver Lane to the cul-de-sac.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.) Such improvements are necessary, cost-effective, and feasible.
2.) Such plans and specifications are hereby approved.
3.) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the
Finance and Commerce, an advertisement for bids upon the making of such improvements under such
approved plans and specifications. The advertisement shall be published for two times, shall specify the
work to be done, shall state that bids will be opened on or about January 12, 2017, and bids will be
considered by the City Council. Any bidder whose responsibility is questioned during consideration of
the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check,
bid bond, or certified check payable to the City of St. Anthony Village for Five (5%) percent of the
amount of such bid.
Adopted this 22nd day of November, 2016.
_____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ______________________________
Mark Casey, City Manager
77
THIS PAGE LEFT INTENTIONALLY BLANK
78
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: November 22, 2016
Ordinance-An ordinance amending Chapters 33 and 91 to Remove the Requirement of Dog Licensing
from the City Code
Overview:
In front of you this evening is an ordinance amending Chapters 33 and 91 to remove the requirement of
dog licensing from the City Code.
Minnesota Statute 346.52 allows local government to impose an identification or rabies control
program.
Hamline University students conducted research of the City of St. Anthony’s dog licensing program.
During their research they found that statistically St. Anthony licenses less than 10% of dogs
potentially living in the city.
Amending the City Code will remove the requirement of licensing dogs; however the requirement of
rabies vaccinations will remain.
This is the final reading and adoption of the ordinance.
79
THIS PAGE LEFT INTENTIONALLY BLANK
80
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
ORDINANCE NO. 2016-05
The City Council of the City of Saint Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Amend Sections §33.057,
§91.01, §91.02, and §91.03 of the City Code of the City of Saint Anthony Village are hereby amended as
follows. The deleted language is represented by strikethrough text. The additional language is represented by
double underlined text.
LICENSE AND PERMIT FEES
§ 33.057 DOG LICENSE.
Repealed 11/22/2016 Ord. 2016-05
DOGS; GENERALLY
§ 91.01 LICENSE REQUIRED.
Repealed 11/22/2016 Ord. 2016-05
§ 91.02 IMMUNIZATION FOR RABIES.
(A) All dogs in the city over the age of six months shall be vaccinated for rabies and shall be re-
vaccinated according to standard veterinary practices thereafter. A certificate from the veterinarian
vaccinating said dogs shall be exhibited to the animal control authority upon demand.
(B) Each dog shall wear a sturdy collar for aid in identification. The dog must wear a
veterinarian’s metal tag showing proof of current rabies vaccination. In lieu of a veterinarian’s metal
tag, the dog’s collar must contain identification including the name and phone number of the dog’s
owner. At the owner’s discretion, a tattoo or implanted microchip may be used in lieu of the collar and
tag.
§ 91.03 ISSUANCE OF TAGS; DUPLICATES.
Repealed 11/22/2016 Ord. 2016-05
81
Effective Date: This ordinance shall become effective as of its publication.
First Reading: October 25, 2016
Second Reading: November 8, 2016
Adopted: November 22, 2016
CITY OF SAINT ANTHONY VILLAGE
_______________________________
By: Jerome O. Faust, Mayor
ATTEST: ________________________________
By: Nicole Miller, City Clerk
Publish: St. Anthony Bulletin-November 30, 2016
82
Date Type Staff Present
November 29 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
November 29 Special
7:00 p.m.Worksession-Interview Commissioners City Council
City Manager
December 13 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2017 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2017 Fee Schedule
City Council
City Manager
Finance Director
December 27 Regular
City Council
City Manager
January 10 Regular
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 24 Regular
2017 Parks Commission Work Plan- (motion only)
2017 Planning Commission Work Plan-(motion only)
Presentation-Northeast Youth and Family Services
Northeast Youth and Family Services Agreement
2017 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
January 31 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
January 31 Special
7:00 p.m.Worksession City Council
City Manager
February 14 Regular
Planning Commission items from January
Administration Annual Report
Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing
City Council
City Manager
February 28 Regular
Ordinance Setting Water & Sewer Rates for 2017 - 2nd Reading
2017 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
City Council
City Manager
City Engineer
FUTURE COUNCIL AGENDA ITEMS
2016
2017
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
March 14 Regular
Fire Relief Ratifying Pension Benefit
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
2017 Strategic Plan (motion only)
Liquor License Renewals
GreenCorp Member application-resolution
Ordinance Setting Water & Sewer Rates for 2017 - Final Reading
City Council
City Manager
Fire Dept
Liquor Op Manager
March 28 Regular
Public Works Annual Report
Police Annual Report
2017 Street Project Bond Sale and Award of Bonds
City Council
City Manager
Public Works Director
Police Dept
City Engineer
April 11 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Finance Annual Report
City Council
City Manager
Finance Director
April 25 Regular
Arbor Day Proclamation
1st Quarter Goals Update
Public Hearing-Budget Calendar
Spirit of St. Anthony Award
City Council
City Manager
Finance Director
May 9 Regular City Council
City Manager
May 23 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
May 30 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
June 13 Regular Planning Commission Items from May
Order Feasibility Report for 2018 Street Project
City Council
City Manager
City Engineer
June 27 Regular Audit Presentation City Council
City Manager
Finance Director
July 11 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
VillageFest Presentation
City Council
City Manager
July 25 Regular
Night to Unite Presentation
Night to Unite Proclamation
Liquor Operations Mid Year Report
City Council
City Manager
Police Chief
Liquor Op Mgr
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
August 8 Regular
8:00 p.m.
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
August 22 Regular Budget Presentation
Approval of 2018 Street & Utility Recon Fesibility Study
City Council
City Manager
Finance Director
City Engineer
August 29 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
September 12 Regular
Planning Commission items from August
2018 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
City Council
City Manager
Finance Director
September 26 Regular Fire Prevention Presentation
Sheriff Bostrom
City Council
City Manager
Fire Dept
October 10 Regular
Planning Commission items from September
Quarterly Donations & Grants
Certification of Delinquent Utility Accounts-Consent Agenda
Certification of Delinquent Waste Hauler Accounts-Regular Agenda
City Council
City Manager
October 24 Regular Quarterly Goals Update City Council
City Manager
October 31 Special
5:30 p.m.Joint Meeting with School Board City Council
City Manager
November 14 Regular
8:00 pm Sheriff Bostrom
City Council
City Manager
November 28 Regular
Planning Commission items from October
Fire Prevention Poster Winners
2018 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
City Council
City Manager
Fire Dept
City Engineer