HomeMy WebLinkAboutCC PACKET 08082017
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 August 8, 2017, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
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 July 25, 2017, City Council meeting minutes. (pp.1-5)
B. Licenses and Permits. (pp.7)
C. Claims. (pp.9-11)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 17-056 a Resolution Approving Cooperative Agreement by and between the City of
St. Anthony Village and the Mississippi Watershed Management Organization for the St.
Anthony Stormwater Treatment and Research Facility. Mark Casey, City Manager presenting.
(pp.13-25)
B. Update on Redevelopment of Lowry Grove, Breanne Rothstein, City Planner presenting.
(no action required)
I. Reports from City Manager and Council members.
II. 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.
III. Information and Announcements
IV. Adjournment.
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
AUGUST 8, 2017
7:00 p.m.
HRA meeting immediately after
council meeting
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
JULY 25, 2017 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 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
Mayor Faust stated the meeting needs to be conducted in a respectful manner. If those in attendance do 13
not allow Council to conduct the meeting they will be asked to leave. 14
15
ROLL CALL. 16
17
Present: Mayor Faust; Councilmembers Brever, Gray, Jenson, and Stille. 18
Absent: None 19
Also Present: City Manager Mark Casey, Ms. Julianne Hunter, Sergeant Mike Huddle, Police Chief 20
Jon Mangseth, and Liquor Operations Manager Mike Larson. 21
22
23
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 24
ITEMS. 25
26
I. APPROVAL OF JULY 25, 2017 CITY COUNCIL MEETING AGENDA. 27
28
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 29
Council Meeting Agenda of July 25, 2017. 30
31
Motion carried 5-0. 32
33
II. PROCLAMATIONS AND RECOGNITIONS 34
35
A. Presentation of 2017 VillageFest. 36
37
Ms. Julianne Hunter appeared before the City Council and presented the schedule for St. 38
Anthony VillageFest to be held August 4 – 6, 2017. More information can be found at 39
www.stanthonyvillagefest.com. Ms. Hunter reviewed the details of some of the events, noting 40
VillageFest is a City sponsored event but not a City funded event. She thanked some of the major 41
sponsors, volunteers, City Council, and City Staff. 42
43
Councilmember Gray thanked Ms. Hunter and the other volunteers for the time put into the 44
celebration every year. 45
46
Councilmember Stille stated Ms. Hunter is the ‘glue’ that holds the event together. 47
48
1
City Council Regular Meeting Minutes
July 25, 2017
Page 2
Mayor Faust asked how many volunteers are on the Committee and Ms. Hunter stated between 1
20 and 25 with additional volunteers working the event. 2
3
B. Presentation of Night to Unite. 4
5
Chief Mangseth appeared before the City Council and presented a proclamation proclaiming 6
August 1, 2017 as Night to Unite. Chief Mangseth stated he is proud to be involved along with 7
the Police Department for a number of years. Sergeant Mike Huddle provided a brief description 8
of activities including goals and sponsors. The Police Department and City Council try to attend 9
as many block parties as possible. He mentioned some of the activities that have occurred in the 10
past, stating there will most likely be 40-50 block parties this year. Block parties can be 11
registered on the City website. It was noted that City Clerk Nicole Miller has worked very hard 12
on the registrations and both City Clerk Nicole Miller and Charlie Yunker have been very 13
helpful. 14
15
C. Proclamation for Night to Unite. 16
17
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Proclamation 18
for Night to Unite. 19
20
Motion carried 5-0. 21
22
III. CONSENT AGENDA. 23
24
A. Approval of July 11, 2017, City Council meeting minutes. 25
B. Licenses and Permits. 26
C. Claims. 27
28
Motion by Councilmember Brever, seconded by Councilmember Gray, to approve the Consent 29
Agenda items. 30
31
Motion carried 5-0. 32
33
IV. PUBLIC HEARINGS – NONE. 34
35
V. REPORTS FROM COMMISSION AND STAFF – NONE. 36
37
VI. GENERAL BUSINESS OF COUNCIL. 38
39
A. Liquor Operations Mid-Year Report. 40
41
Liquor Operations Manager Mike Larson presented a PowerPoint Mid-Year Report for St. 42
Anthony Village Liquor Operations reviewing the history, locations, profits, sales trends, 43
competition, sales projection, 2017 Accomplishments, and plans for the remainder of 2017. 44
45
Councilmember Stille confirmed expenses include depreciation and Mr. Larson agreed. 46
2
City Council Regular Meeting Minutes
July 25, 2017
Page 3
1
Councilmember Jenson asked if there were any early perceptions on Sunday sales. Mr. Larson 2
stated the first Sunday was awesome but it is very early. More data will be presented to the 3
Council when more history has gone past. 4
5
Councilmember Brever thanked Mr. Larson and his staff. 6
7
Mayor Faust stated he was at the store the first day and noticed how hard staff was working. The 8
Liquor Operation is putting money back into the community. 9
10
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 11
12
City Manager Casey stated a Land Use Application has been received by the City from the 13
Lowry Grove developer. He reviewed the timeline and steps of the process. The City Planner 14
will come to a future City Council Meeting to review this in more detail. There is a 60-day rule 15
where a decision needs to be made and a 15-day window where staff will ensure the application 16
is complete. The application and supporting materials are on the website. There is a review 17
committee that will develop a staff report and a Planning Commission Public Hearing where 18
residents have an opportunity to voice their opinions. 19
20
Councilmember Jenson stated earlier today he met with several residents regarding affordable 21
housing. 22
23
Councilmember Stille had no report. 24
25
Councilmember Gray had no report. 26
27
Councilmember Brever stated on July 15, she attended the St. Anthony Villagers for Equity and 28
Community Workshop. On July 22, she attended a Sister City Meeting. She also attended the 29
affordable housing meeting earlier today. 30
31
Mayor Faust stated on July 12, he attended the Mississippi Watershed Retreat. On July 18, he 32
attended a ULI Meeting. On July 19, he attended the Metro Cities Policy Committee Meeting. 33
34
City Manager Casey mentioned on Thursday, August 10, there will be a work session on 35
affordable housing in the Council Chambers at 7 p.m. All are invited to attend. Mayor Faust 36
noted there will be a work session and then an open forum. 37
38
VIII. COMMUNITY FORUM. 39
40
Mr. Michael Berg, 3416 Edward Street, asked two questions about Lowry Grove. He asked about 41
the density of the housing and how that will affect the neighborhood. He also asked about 42
affordable housing and what right St. Anthony has to tell developers they have to have affordable 43
housing. 44
45
3
City Council Regular Meeting Minutes
July 25, 2017
Page 4
Ms. Nancy Robinette, 3408 31st Avenue NE, member of SAVCA, spoke about affordable 1
housing in St. Anthony. She attended the meeting earlier today and provided an overview of the 2
meeting. Ms. Robinette stated there will be ongoing discussions about affordable housing 3
components and it is her opinion that any new development in St. Anthony should have 4
affordable housing. She focused on the ongoing losses with Lowry Grove, noting SAVCA 5
members and Lowry Grove residents have asked for the City’s help. She stated the third party 6
did help some of the residents and allowed some of the residents to get funds and move on. She 7
mentioned the death by suicide of Frank. Ms. Robinette stated SAVCA developed transition 8
plans for some of the residents but some of the temporary housing has fallen apart over the past 9
couple of weeks and many housing crisis have been occurring. She explained SAVCA does not 10
have the resources the City has and the City should have done more to provide assistance and 11
backup to those residents of Lowry Grove needing help, noting the Comprehensive Plan stated 12
assistance would be given. She stated the SAVCA remains active and engaged with Lowry 13
Grove families and requested the City appoint a leader to work with Kate Martin and Mel 14
Scheppe on addressing the needs of the needy Lowry Grove residents. She asked the City to step 15
up. 16
17
Ms. Nancy Gonzales, 3109 Rankin Road, stated Ms. Robinette puts her money where her mouth 18
is, has taken a family into her home, and is providing transitional housing for that family until 19
they can find a place to live. She stated she believed St. Anthony can ask the developer to 20
provide affordable housing because it is the right and morale thing to do. She felt the poor are 21
being ignored and these people need to be in our community. Ms. Gonzales referred to the book 22
Dream Hoarders and the movie It’s a Wonderful Life. She is concerned about the kids that lived 23
in Lowry Grove and feels the School District is becoming a private school, which is morally 24
wrong. 25
26
Mr. Perry Thorvig, 3112 Townview Avenue, stated he is representing another ad-hoc group that 27
has talked about the physical nature of the developer. He stated he was a planner for many years 28
and hopes there is some way that massive grading and tree clearance can be avoided prior to the 29
plan being approved. Mr. Thorvig stated he has reviewed the plan online and would like to see a 30
copy to view, noting the sketch plan back in August appears more detailed than what was 31
recently submitted. He stated he does not know how the townhouses will fit as he found the 32
height declaration is misleading and thinks 823 units are way too many. He felt the development 33
should be 3 stories tall and at 25 units per acre, which would allow for 400 units. Mr. Thorvig 34
noted that no street improvements have been addressed from the environmental assessment 35
worksheet and the traffic issue at 18th and Stinson has not been addressed. He stated their group 36
will be developing some Findings of Fact for Council to consider. 37
38
Mr. Alex Walker, 2214 Roosevelt Street, Minneapolis, stated he appreciates the transparency of 39
putting the documents on line right away. He stated concerns about the traffic, noting there are a 40
number of kids in the neighborhood and the streets near his home are used as pass through for 41
cars. He believed the development is too large for the area and the infrastructure is not adequate. 42
Mr. Walker questioned some of the details in the application, referred to some research he did, 43
and suggested Mr. Casey research and read the report. His stated his primary concern is the 44
traffic. 45
46
4
City Council Regular Meeting Minutes
July 25, 2017
Page 5
Ms. Dar Gerber, 2243 Roosevelt, stated there does not appear to be any concern for the impact a 1
development of this size will have on the community. She stated a traffic study had been 2
requested in the past and she finds the project is as large now as on the original sketches. 3
4
Mayor Faust reminded the residents there is a process for the project. He stated anyone can 5
submit an application and Council has the right to approve or deny. 6
7
Ms. Kathleen Wilmer Axel stated she used to live in the Stinson triangle, 3113 Armor Terrace, 8
and is a member of SAVCA. She agreed with what Ms. Robinette said and believes it’s not too 9
late. She introduced her daughter Magdalene. Magdalene stated they moved to St. Anthony when 10
she was five years old. She stated she has attended marches and vigils for her classmates that 11
lived in Lowry Grove, which is close to her family. Magdalene asked Council to make sure the 12
Lowry Grove residents have affordable housing. 13
14
Ms. Emma Friend, 3113 Edwards Street, spoke about affordable housing. She asked Council to 15
prove they are committed to affordable housing and the residents, stating the Council needs to do 16
what they say they will do. 17
18
Ms. Mary Lillesdahl, 2315 NE Taft Street, echoed what has been said about the Lowry Grove 19
project. She stated she has lived in St. Anthony for 23 years and finds the scale of the building is 20
too high. There will be a wall of six-story buildings along Kenzie Terrace. Ms. Lillesdahl noted 21
the Silver Lake Village density is 38 units per acre and is not bordered by single-family homes. 22
She stated the City indicated the traffic study will be revised and requested that be done before 23
any approval is given. 24
25
Ms. Nina Gertin, 2653 Stinson Boulevard, stated she is concerned about traffic, noting if there 26
were just 400 units, that would be at least 400 more cars. She would like to see a scale model. 27
28
Ms. Eva Grooms asked what the Council’s value in the Comprehensive Plan are, since there is 29
no sticking to what is included in it, she asked what purpose does it serve. 30
31
IX. INFORMATION AND ANNOUNCEMENTS – NONE. 32
33
X. ADJOURNMENT. 34
35
Mayor Faust adjourned the meeting at 8:20 p.m. 36
37
Respectfully submitted, 38
Debbie Wolfe 39
TimeSaver off Site Secretarial, Inc. 40
41
42
43
Mayor 44
ATTEST: 45
City Clerk 46
5
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6
Saint Anthony Village
DATE: August 8, 2017 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
American Masonry Restoration, Fridley, MN
Card Construction, Mendota Heights, MN
GJK Construction, St Paul, MN
Mechanical Licenses:
Airtech Thermex, Minneapolis, MN
Bonfe’s Plumbing, Heating & Air Service, St Paul, MN
Centerpoint Energy MN Gas, Golden Valley, MN
Dean’s Professional, Maple Grove, MN
Freedom Heating & Air Conditioning, Minneapolis, MN
Marsh Heating & Air Conditioning, Brooklyn Park, MN
River City Sheet Metal, Fridley, MN
Park’s Special Event Permit:
Date: August 13, 2017
Applicant: Kent Thomson
Location: 3101 Silver Lake Rd NE
7
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8
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 7/28/2017 - 8/9/2017 Aug 02, 2017 08:58AM
Vendor Number Payee Check Number Check Issue Date Amount
11798 CENTRAL PENSION FUND LOCAL #49 32787 07/28/2017 2,764.80
10710 ICMA RETIREMENT TRUST 32788 07/28/2017 1,625.00
11813 NCPERS GROUP LIFE INSURANCE 32789 07/28/2017 48.00
12077 SUN LIFE FINANCIAL 32790 07/28/2017 840.00
1121 ABLE SEED HOUSE + BREWERY 32791 08/09/2017 580.00
10012 ABM EQUIPMENT & SUPPLY, INC 32792 08/09/2017 15,132.00
10092 APACHE GROUP 32793 08/09/2017 428.40
10098 ARAMARK 32794 08/09/2017 221.82
1100 ARTISIAN BEER COMPANY 32795 08/09/2017 6,476.28
1013 BELLBOY CORPORATION 32796 08/09/2017 2,051.20
1014 BELLBOY CORPORATION 32797 08/09/2017 158.20
1035 BERNICK'S BEVERAGE & VENDING 32798 08/09/2017 3,785.20
10172 BIFFS, INC.32799 08/09/2017 222.00
11849 BLUE LINE LEARNING GROUP INC 32800 08/09/2017 630.00
1018 BREAKTHRU BEVERAGE MN BEER 32801 08/09/2017 26,973.30
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 32802 08/09/2017 14,357.10
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 32803 08/09/2017 1,608.36
10197 BRIAN NELSON INSPECTION SVCS 32804 08/09/2017 499.50
10206 BROCK WHITE COMPANY LLC 32805 08/09/2017 8.18
1017 CAPITOL BEVERAGE SALES 32806 08/09/2017 12,049.25
10260 CENTURY FENCE 32807 08/09/2017 500.00
12150 CITY OF NEW BRIGHTON 32808 08/09/2017 13,713.27
12303 CITY WIDE LOCK & SAFE, LLC 32809 08/09/2017 1,525.50
1010 CLEAR RIVER BEVERAGE COMPANY 32810 08/09/2017 1,332.00
10332 COMPTON'S COMMERCIAL CLNG. INC 32811 08/09/2017 3,578.00
10338 CONNELLY ELECTRONICS 32812 08/09/2017 2,218.78
10349 CREATIVE FORMS & CONCEPTS 32813 08/09/2017 277.46
1042 CRYSTAL SPRINGS ICE 32814 08/09/2017 935.51
10438 D ROCK CENTER & SMALL ENG 32815 08/09/2017 132.00
10411 DIAMOND VOGEL PAINTS 32816 08/09/2017 1,128.35
10417 DISCOUNT STEEL, INC.32817 08/09/2017 12.24
10431 DOOR SERVICE COMPANY 32818 08/09/2017 4,738.00
10432 DORSEY & WHITNEY 32819 08/09/2017 24,078.14
12190 DOUGS POWER EQUIPMENT 32820 08/09/2017 261.63
10474 EMERGENCY AUTOMOTIVE TECH, INC 32821 08/09/2017 25.00
10508 FERGUSON WATERWORKS 32822 08/09/2017 108.58
10523 FISCHER/MERLE 32823 08/09/2017 74.97
1097 FORESTEDGE WINERY 32824 08/09/2017 117.00
10550 G & K SERVICES INC 32825 08/09/2017 638.60
12504 GOLDEN VALLEY SUPPLY COMPANY 32826 08/09/2017 3,328.00
10573 GOODIN COMPANY 32827 08/09/2017 132.12
1032 GRAPE BEGINNINGS, INC.32828 08/09/2017 164.50
1021 GREAT LAKES COCA COLA 32829 08/09/2017 681.22
10630 HD SUPPLY WATERWORKS 32830 08/09/2017 390.00
10636 HEDBACK, ARENDT & CARLSON PLLC 32831 08/09/2017 3,500.00
1019 HOHENSTEIN'S, INC 32832 08/09/2017 5,629.86
10684 HOME DEPOT CREDIT SERVICES 32833 08/09/2017 491.32
1027 INDEED BREWING COMPANY 32834 08/09/2017 555.50
10719 INDELCO PLASTICS CORPORATION 32835 08/09/2017 269.50
11754 INTEGRATED LOSS CONTROL, INC.32836 08/09/2017 598.00
12315 IRC RETAIL CENTERS SALO PARK 32837 08/09/2017 2,671.32
1016 JJ TAYLOR DISTRIBUTING 32838 08/09/2017 11,444.05
1102 JOHNSON BROTHERS 32839 08/09/2017 13.46
9
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 7/28/2017 - 8/9/2017 Aug 02, 2017 08:58AM
Vendor Number Payee Check Number Check Issue Date Amount
1004 JOHNSON BROTHERS LIQUOR CO.32840 08/09/2017 1,497.65
1005 JOHNSON BROTHERS LIQUOR COMPANY.32841 08/09/2017 10,185.27
1006 JOHNSON BROTHERS LIQUOR COMPANY.32842 08/09/2017 6,572.89
1044 JOHNSON BROTHERS LIQUOR COMPANY.32843 08/09/2017 4,501.93
10806 L.T.G. POWER EQUIPMENT 32844 08/09/2017 296.05
10858 LEAGUE OF MN CITIES INSURANCE TRUST P&C 32845 08/09/2017 86,509.00
10867 LYNN PEAVEY CO.32846 08/09/2017 159.40
1022 M. AMUNDSON LLP 32847 08/09/2017 1,703.20
10882 MAMA 32848 08/09/2017 20.00
10931 METROPOLITAN COUNCIL - WASTEWATER 32849 08/09/2017 53,615.86
10939 MIDWAY FORD 32850 08/09/2017 329.48
2005 MILK AND HONEY CIDERS 32851 08/09/2017 300.00
10963 MINNEAPOLIS SAW COMPANY INC 32852 08/09/2017 28.99
10992 MINNESOTA MUNICIPAL 32853 08/09/2017 3,700.00
12373 MINNESOTA TRANSLATIONS 32854 08/09/2017 175.92
2006 MODIST BREWING COMPANY 32855 08/09/2017 281.05
11097 NATIONAL PURITY LLC 32856 08/09/2017 49.00
1051 NEW FRANCE WINE COMPANY 32857 08/09/2017 1,174.50
12505 NIELSEN, JANET 32858 08/09/2017 59.20
11131 NORTH SUBURBAN ACCESS CORPORATION.32859 08/09/2017 1,054.22
11163 OFFICE DEPOT 32860 08/09/2017 309.08
11185 PACE ANALYTICAL SERVICES, INC.32861 08/09/2017 615.00
1012 PAUSTIS & SONS 32862 08/09/2017 913.13
1001 PHILLIPS WINE & SPIRITS 32863 08/09/2017 5,180.88
1002 PHILLIPS WINE & SPIRITS 32864 08/09/2017 4,382.68
12502 PLANT & FLANGED EQUIPMENT, LLC 32865 08/09/2017 2,199.42
11246 PRAXAIR 32866 08/09/2017 40.25
12503 PRESTWICK GOLF GROUP 32867 08/09/2017 987.00
1123 RJM DISTRIBUTING INC 32868 08/09/2017 313.90
11351 ROY C., INC.32869 08/09/2017 430.00
12346 SHRED IT 32870 08/09/2017 33.00
1024 SOUTHERN GLAZER'S OF MN 32871 08/09/2017 1,295.92
1008 SOUTHERN GLAZER'S OF MN 32872 08/09/2017 2,296.00
1026 SOUTHERN GLAZER'S OF MN 32873 08/09/2017 7,252.97
1036 SOUTHERN GLAZER'S OF MN 32874 08/09/2017 315.84
11457 ST ANTHONY VILLAGE CENTER, LLC 32875 08/09/2017 2,229.56
11464 ST. ANTHONY VILLAGE KIWANIS 32876 08/09/2017 70.00
2001 STEEL TOE BREWING 32877 08/09/2017 284.00
12026 SUBURBAN RATE AUTHORITY 32878 08/09/2017 868.00
12123 SUMMIT COMPANIES 32879 08/09/2017 563.50
11536 TASC 32880 08/09/2017 20.00
11566 TIMESAVER OFF SITE SECRETARIAL 32881 08/09/2017 380.00
11586 TRACY PRINTING 32882 08/09/2017 446.80
11637 UNITED ELECTRIC COMPANY 32883 08/09/2017 140.82
12163 VAN PAPER COMPANY 32884 08/09/2017 79.50
11674 VERIZON WIRELESS 32885 08/09/2017 1,078.13
11678 VESSCO INC 32886 08/09/2017 114.90
11932 VILLAGE EXPRESS WASH 32887 08/09/2017 115.20
1025 VINOCOPIA 32888 08/09/2017 579.25
12149 VUE, KA 32889 08/09/2017 38.52
11693 W. W. GOETSCH ASSOCIATES, INC.32890 08/09/2017 2,000.66
11704 WASTE MANAGEMENT OF WI-MN 32891 08/09/2017 706.35
1034 WINE COMPANY/THE 32892 08/09/2017 1,559.85
10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 7/28/2017 - 8/9/2017 Aug 02, 2017 08:58AM
Vendor Number Payee Check Number Check Issue Date Amount
1038 W INE MERCHANTS INC 32893 08/09/2017 778.20
12506 WS & D PERMIT SERVICE INC 32894 08/09/2017 457.72
Grand Totals: 387,012.11
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12
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: August 8, 2017
Resolution- Authorizing Mayor and City Manager to execute the following agreement:
Cooperative agreement by and between the City of St. Anthony Village and the Mississippi Watershed
Management Organization for the St. Anthony stormwater treatment and research facility
OVERVIEW:
In front of you this evening is the Cooperative agreement by and between the City of St. Anthony
Village and the Mississippi Watershed Management Organization for the St. Anthony stormwater
treatment and research facility.
The attached agreement details each party’s operating interests in the stormwater facility and
maintenance responsibilities.
Highlights of the agreement include:
• MWMO will be responsible maintaining the primary and secondary treatment system through
12/31/2020.
• On 1/1/2021 the City of St Anthony will assume responsibility of maintaining the primary
treatment system. It is contemplated by the agreement that operations of the secondary
treatment system will be discontinued by the MWMO as of 12/31/2020.
• MWMO retains the right to start up the secondary treatment system if future research
opportunities arise.
• The City of St Anthony will be responsible for the maintenance of the physical structure for the
lifetime of the facility. The physical structure includes the concrete structure, gates and other
external components of the facility.
• Each party agrees to abide by the Operations and Maintenance plan and keep each other
informed as to activities where there is a common interest.
Staff is recommending that the agreement be executed as drafted.
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14
FINAL
7/14/2017
COOPERATIVE AGREEMENT BY AND BETWEEN
THE CITY OF ST. ANTHONY VILLAGE AND THE MISSISSIPPI
WATERSHED MANAGEMENT ORGANIZATION FOR
THE ST. ANTHONY STORMWATER TREATMENT AND RESEARCH
FACILITY
Date: ___________, 2017
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FINAL
7/14/2017
2
ST. ANTHONY STORMWATER TREATMENT AND RESEARCH FACILITY
COOPERATIVE AGREEMENT
This Cooperative Agreement (“Agreement”) is made and entered into this ___ day of
__________, 2017, by and between the City of St. Anthony Village (hereinafter referred to as the
"City ") a Minnesota municipal corporation, and the Mississippi Watershed Management
Organization (hereinafter referred to as the "MWMO"), a Minnesota joint powers watershed
management organization. The City and the MWMO may hereinafter be referred to individually
as a “party” or collectively as the “parties.”
RECITALS
WHEREAS, the City and the MWMO have entered into an agreement to construct the St.
Anthony Stormwater Treatment and Research Facility, a regional stormwater treatment and
research facility as described in the attached Exhibit A (“Facility”);
WHEREAS, the MWMO substantially paid for the development, design, and installation
of the Facility;
WHEREAS, the Facility provides treatment of stormwater runoff from the City;
WHEREAS, the Facility contains the following system components as identified in the
Operation, Monitoring, and Maintenance Plan (“O&M Plan”) developed for the Facility and
which is attached hereto as Exhibit B:
(a) Primary Treatment, which is the swirl chamber (“Primary Treatment Component”);
(b) Secondary Treatment A and Secondary Treatment B (collectively, the “Secondary
Treatment Component”);
(c) Additional Components, which are the lift station and associated instrumentation
(“Additional Components”); and
(d) Physical Structure, which includes the concrete structure, gates and other external
components of the Facility (“Physical Structure”).
WHEREAS, the MWMO has installed monitoring equipment at the Facility, which it
owns and operates. This equipment is being used to evaluate the effectiveness of the treatment
methods. The monitoring equipment will be removed by the MWMO when the research has been
concluded;
WHEREAS, the entire Facility is located within the MWMO jurisdiction, but a portion of
the Facility is located outside the City’s corporate limits;
WHEREAS, the Facility is located on Hennepin County right-of-way administered by the
City of Minneapolis;
WHEREAS, the City owns the Facility and is responsible for its maintenance and
operation;
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FINAL
7/14/2017
3
WHEREAS, it is the intent of the parties that the Facility will be maintained and operated
in accordance with the O&M Plan;
WHEREAS, in order to help ensure the Facility’s purpose is maximized, the MWMO
desires to be involved with its ongoing operation and maintenance; and
WHEREAS, it is the purpose of this Agreement to document the understandings and
agreements of the parties as to their respective obligations related to the maintenance and
operation of the Facility, establish procedures for performing these tasks and responsibilities, and
facilitate communication and cooperation among the parties to ensure successful implementation
of the Facility’s treatment technologies in order to manage stormwater and improve water quality
in the Mississippi River.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereafter set forth, the City and the MWMO hereby agree as follows:
1. Responsibilities, Performance Guidelines and Ownership
1.1 Responsibilities. The maintenance and operation of the Facility involves
numerous specific tasks to be performed by the parties. Each party agrees to fulfill its
obligations under this Agreement in a coordinated and timely manner to help ensure the Facility
continues to operate and provide the contemplated treatment and research opportunities.
1.2 O&M Plan. The parties agree that the maintenance and operation of the Facility
shall be guided by the O&M Plan. During the start-up and research phase(s), the O&M Plan
may be modified by mutual written agreement of the parties. The parties agree that if research
terminates at the Facility, the O&M Plan addressing the secondary treatment responsibilities will
no longer be enforced and Primary Treatment responsibilities will be reviewed in connection
with this event. The MWMO retains the right to restart research in the Secondary Treatment
chamber (in accordance with Section 2.6). In that event, the O&M Plan will again be modified to
reflect the new responsibilities and performance guidelines. The MWMO will resume
performance of Secondary Treatment Component operations and maintenance, as described in
Section 2.4. All amendments to the O&M Plan are incorporated in, and made part of this
Agreement, by reference.
1.3 Warranty Work. Requests for warranty work, repairs, or material replacements
at the Facility to be performed by the contractor that constructed the Facility or by any material
supplier, can be made by either party.
2. Ownership and Maintenance Responsibilities
Each of the parties shall have distinct responsibilities in the operation of the Facility as
set out in this Section. Each party shall be responsible for the costs to undertake their respective
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responsibilities under this Agreement, including the maintenance responsibilities under this
Section.
2.1 Ownership of the Facility. The ownership of the Facility shall remain with the
City, who is the holder of the NPDES MS4 permit covering this Facility.
2.2 General Operations and Maintenance Responsibilities. The City shall be
responsible for ongoing general operations and maintenance of the Facility once it is completed.
The MWMO shall perform select operation and maintenance activities as described below. At all
times, the City shall be solely responsible for maintenance of the Physical Structure.
2.3 Operations and Maintenance during Start-up and Initial Research Phase.
The MWMO will perform operations and maintenance of the Primary Treatment Components,
Secondary Treatment Components and Additional Treatment Components during the start-up
and initial research phases. Operations and maintenance will be performed in reasonable
accordance with the O&M Plan (attached as Exhibit B). The MWMO will keep the City
informed of its findings and actions, related to operations and maintenance, during this time. For
the purposes of this Agreement, the start-up and initial research phase shall run from the
completion of the Facility until December 31, 2020.
2.4 Operations and Maintenance following the Start-up and Initial Research
Phase. Following the start-up and initial research phases, as defined in Section 2.3, the City shall
be solely responsible for the operations and maintenance of the Primary Treatment Components.
The MWMO shall continue performing operations and maintenance of the Secondary Treatment
Components and Additional Treatment Components. Again, operations and maintenance will be
performed in accordance with the O&M Plan (attached as Exhibit B). Should the MWMO
choose to suspend research in the Secondary Treatment Site, the City will remain responsible for
operations and maintenance of the Primary Treatment Components and the Physical Structure.
The City will take over operations and maintenance of the Additional Components. Should the
MWMO subsequently choose to reinstate research in the Secondary Treatment Site (in
accordance with Section 2.6), they will resume performing operations and maintenance of the
Secondary Treatment Components and Additional Treatment Components.
2.5 Inspections. During the start-up and initial research phases, the City will take
part in the inspections of the Facility and observe all maintenance activities. Following the start-
up and initial research phases, the MWMO shall be allowed an opportunity to take part in the
Primary Treatment Component inspections to gather data as it deems necessary in reasonable
accordance with the O&M Plan. The MWMO may also access the properties on which the
Facility is located as needed to place, maintain, and read its monitoring equipment.
2.6 Secondary Treatment Site Treatment Technology. The MWMO may, at its
own cost and as it determines it appropriate, install and operate different technologies in the
Secondary Treatment Component to improve treatment at the Facility. The MWMO agrees to
present any proposed changes to the City at least 60 days prior to initiating any such work. The
City agrees to work cooperatively with the MWMO as needed to facilitate the installation of the
new treatment technology by the MWMO.
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2.7 Monitoring Equipment. The MWMO may, at its own cost, install and maintain
monitoring equipment in the Facility as it deems necessary. Such equipment shall not interfere
with the functionality of the Facility. The MWMO will inform the City of any monitoring
equipment installed at the Facility prior to installation. The MWMO agrees to present any
proposed changes to the City at least 6030 days prior to initiating any such work. Any
monitoring equipment installed by the MWMO shall remain the property of the MWMO and the
MWMO shall maintain and control any such equipment.
2.8 Insurance. The City, as owner of the Facility, shall be responsible for insuring
the Facility. The MWMO shall be responsible for insuring it monitoring equipment and any
equipment associated with the Secondary Treatment Components.
3. Dispute Resolution
In the event a dispute arises between the parties with regard to rights and responsibilities
under this Agreement, the parties agree to first attempt to resolve the dispute among themselves
through discussions between their respective supervisory staff persons. If the dispute cannot be
resolved in this manner, the parties may agree to submit to mediation to seek resolution.
4. Termination
The Agreement shall terminate upon the mutual written agreement of the parties or upon
the final decommissioning of the Facility. Facility decommissioning shall be done to the
satisfaction of the requirements established by the parties.
5. Amendments
No modification of this Agreement shall be effective unless it is reduced to writing and
signed by all of the parties hereto.
6. Notice
Notices to the parties to this Agreement shall be given by hand delivery or first class mail
addressed to the MWMO Administrator and the City Manager for the City, or such other persons
as the party may designate in writing.
7. Liability
Each party is responsible for its own acts and the results thereof to the extent authorized
by law and a party is not responsible for the acts or omissions of the other party or the results
thereof. Notwithstanding this provision, to the fullest extent permitted by law, the City will
defend, hold harmless, and indemnify the MWMO, its officials, employees, and agents from and
against all claims, damages, losses, and expenses, including but not limited to attorney fees,
arising out of or resulting from City’s failure to maintain the Facility in accordance with the
O&M Plan as required by this Agreement. The MWMO and the City’s liability shall be
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governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and
other applicable law, and the total liability of the parties shall not exceed the limits of a single
governmental unit as provided in Minnesota Statutes, section 471.59, subdivision 1a. Nothing
in this Section or this Agreement shall be construed as a waiver on the part of either party of any
immunities or limits on liability provided by Minnesota Statutes, Chapter 466 or other applicable
law. Each party will be solely responsible for its own employees including, but not limited to,
for any workers’ compensation claims.
8. Waiver
The failure by the non-breaching party to insist in any one or more instances upon the
performance of any term or condition of this Agreement shall not be construed as a waiver or
relinquishment of the right to such performance, or to future performance, of such term or
condition by the breaching party, and the obligation of both parties for performance of that term
or condition shall continue in full force and effect.
9. Assignment
Neither party shall transfer its rights or obligations under this Agreement without the
express written consent of the other party.
10. Data Practices
The Parties will comply with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, as it applies to all data created, collected, received, stored, used,
maintained, or disseminated in accordance with this Agreement. The civil remedies of Minnesota
Statutes, section 13.08, apply to the release of the data referred to in this section by either party.
11. Legal Compliance
Each party shall be responsible for complying with all applicable federal, state, and local
laws, rules, regulations and ordinances in carrying out their respective obligations under this
Agreement. The City shall be responsible for obtaining any permits or permissions that may be
required related to its maintenance of the Facility, the cost of which will be paid according to
each party’s roles as defined in Sections 2.3 and 2.4.
12. Severability
The provisions of this Agreement shall be deemed severable. If any part of this
Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement.
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13. Jurisdiction and Venue
The venue for all legal proceedings arising out of this Agreement, or breach of this
Agreement, will in the state or federal court with competent jurisdiction in Hennepin County,
Minnesota.
13. Complete Agreement
This Agreement, including exhibits and other documents incorporated into this
Agreement or made applicable by reference, constitutes the complete and exclusive statement of
the terms and conditions of the Agreement between the MWMO and the City. This Agreement
supersedes all prior representations, understandings, and communications.
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement
effective on the ______ day of ______, 20__.
MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION,
By ___________________________
President
By ___________________________
Secretary
Dated ________________________
CITY OF ST. ANTHONY VILLAGE
By ___________________________
Mayor
By ______________ ____________
City Manager
Dated _________________________
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A-1
EXHIBIT A
Project Description
(attached hereto)
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B-1
EXHIBIT B
Operation, Monitoring, & Maintenance Plan
(attached hereto)
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24
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 17-056
A RESOLUTION AUTHORIZING THE COOPERATIVE AGREEMENT BY AND
BETWEEN THE CITY OF ST. ANTHONY AND THE MISSISSIPPI WATERSHED
MANAGEMENT ORGANIZATION FOR THE ST. ANTHONY STORMWATER
TREATMENT AND RESEARCH FACILITY
BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the Cooperative
Agreement by and between the City of St. Anthony and the Mississippi Watershed Management
Organization for the St. Anthony stormwater treatment and research facility.
Adopted this 8th day of August, 2017.
______________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _____________________________________
Mark Casey, City Manager
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26
Date Type Staff Present
August 22 Regular
Budget Presentation
Approval of 2018 Street & Utility Recon Feasibility Study & Order Final Plans and Specs
Update on all City Projects
Classification of Lowry/Kenzie Terrace
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
Commissioner Mary Jo McGuire
2018 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
City Council
City Manager
Finance Director
September 26 Regular Fire Prevention Presentation
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 Canvassing Board-Municipal Election
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
December 12 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 2018 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2018 Fee Schedule
City Council
City Manager
Finance Director
FUTURE COUNCIL AGENDA ITEMS
2017
27
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
December 26 Regular
City Council
City Manager
January 9 Regular
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 23 Regular
2018 Parks Commission Work Plan- (motion only)
Presentation-Northeast Youth and Family Services
Northeast Youth and Family Services Agreement
2018 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 13 Regular Planning Commission items from January
Ordinance Setting Water & Sewer Rates for 2018 - 1st Reading
City Council
City Manager
February 27 Regular
Ordinance Setting Water & Sewer Rates for 2018 - 2nd Reading
2018 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
Administration Annual Report
City Council
City Manager
City Engineer
March 13 Regular
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
Liquor License Renewals
GreenCorp Member application-resolution
Ordinance Setting Water & Sewer Rates for 2018 - Final Reading
2018 Planning Commission Work Plan-(motion only)
City Council
City Manager
Fire Dept
Liquor Op Manager
March 27 Regular
2018 Street Project Call for Sale of Bonds
Public Works Annual Report
Police Annual Report
City Council
City Manager
Public Works Director
Police Dept
April 10 Regular Planning Commission Items from March
Quarterly Donations & Grants
City Council
City Manager
2018
28
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
April 24 Regular
Arbor Day Proclamation
1st Quarter Goals Update
Spirit of St. Anthony Award
2018 Street Project Bond Sale and Award of Bonds
City Council
City Manager
May 8 Regular
Planning Commission items from April
Public Hearing-Budget Calendar
Finance Annual Report
Chamber of the Year and Business of the Year
City Council
City Manager
Finance Director
May __Special
5:00 p.m.Tour of the City City Council
City Manager
May 22 Regular
Salo Park Concert Series
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
June 12 Regular Planning Commission Items from May
Order Feasibility Report for 2019 Street Project
City Council
City Manager
June 26 Regular Audit Presentation City Council
City Manager
Finance Director
July 10 Regular
Planning Commission items from June
Quarterly Donations & Grants
Quarterly Goals Update
City Council
City Manager
July 24 Regular
Night to Unite Presentation
Night to Unite Proclamation
Liquor Operations Mid Year Report
VillageFest Presentation
City Council
City Manager
Police Chief
Liquor Op Mgr
August 14 Regular
7:00 p.m.
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
29