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HomeMy WebLinkAboutCC PACKET 11242020 If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. The meeting can be viewed live via cable channel 16 in the North Suburbs or the web broadcast at https://webstreaming.ctv15.org/regionview.php?regionid=64. Due to health concerns and limited seating, we encourage use of virtual option by using this link: http://www.savmn.com/Calendar.aspx?EID=986 There is also a dial-in option available. Members of the public who wish to attend the meeting may do so in person. For those not in attendance, If you wish to submit a comment or question, electronically submit your comments at http://www.savmn.com/FormCenter/Public-Comments-for-City-Meetings-conduc-20/Public-Comments-for- City-Council-Meeting-91 no later than 5:30 pm on the day of the City Council meeting. Following guidance from state health officials, some City Council Members may choose to participate in upcoming meetings electronically pursuant to MN Stat. §13D.021. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I.Approval of the November 24, 2020, City Council Meeting Agenda. (action requested.) II.Proclamations and Recognitions. A.Presentation of 2020 Fire Prevention Poster Winners, presented by the Fire Department. (pp.1-4) 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 10, 2020, City Council meeting minutes. (pp.5-8) B.Licenses and Permits. (pp.9) C.Claims. (pp.11-13) D.Resolution 20-084 a resolution approving amended and restated assignments and subordinations of contract for private redevelopment between the City Of St. Anthony Village, The Housing and Redevelopment Authority of St. Anthony Village, Minnesota, Doran SLV, LLC, Doran St. Anthony, LLC, Doran SLV II, LLC, Bremer Bank, National Association, And Bridgewater Bank. (pp.15-44) IV.Public Hearing. V.Reports from Commission and Staff VI.General Business of Council. CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA NOVEMBER 24, 2020 7:00 p.m. HRA meeting immediately after council meeting If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313 or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. A. Resolution 20-085 a resolution approving the second amendment to contract for private redevelopment between the Housing and Redevelopment Authority of St. Anthony, the City of St. Anthony Village, Doran SLV LLC, Doran St. Anthony, LLC, Doran SLV II, LLC. Charlie Yunker, Interim City Manager presenting. (pp.45-62) B. Resolution 20-086 a resolution approving minor subdivision at 2501 Lowry Avenue. Charlie Yunker, Interim City Manager presenting. (pp.63-78) C. Ordinance 2020-03 an Ordinance amending multiple sections relating to Sewer, Water, and Stormwater Fees and other Fees. (2nd of 3 readings). Charlie Yunker, Interim City Manager presenting. (pp.79-97) VII. Reports from City Manager and Council members. VIII. Community Forum Individuals may address the City Council about any City business 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 2020 FIRE PREVENTION POSTER WINNERS Last Year’s Winner from St. Anthony – Josie Tomas 1 4th Place –Stella Barrett 5th Grade St. Charles Borromeo 3rd Place –Stella Jacob 5th Grade St. Charles Borromeo 2 2nd Place –Stella Sawyer 5th Grade Wilshire Park 1st Place –Ella Gallagher 5th Grade St. Charles Borromeo 3 Santa on The Fire Truck 2020 Santa Changes •December 13th, 14th, and 16th •Everything will be done curbside. •Residents can leave their unwrapped toys at the curbside for us to grab. •If they do want to be at the curb we ask that residents are masked up. •We will not be handing out candy canes this year. •GPS will still be available and will be especially important this year to track Santa. 4 CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 NOVEMBER 10, 2020 3 4 CALL TO ORDER. 5 6 Mayor Stille called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance. 11 12 ROLL CALL. 13 14 Present: Mayor Stille, Councilmembers Jenson (arrived at 7:24 p.m.), Randle, Walker and 15 Webster. 16 Absent: None 17 Also Present: Interim City Manager Charlie Yunker, and Finance Director Shelly Rueckert. 18 Guests: Barry Tedlund, St. Anthony Historical Society. 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF NOVEMBER 10, 2020 CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Webster, seconded by Councilmember Randle, to approve the City 26 Council Meeting Agenda of November 10, 2020. 27 28 Motion carried 4-0. 29 30 Councilmember Jenson arrived at the meeting at 7:24 p.m. 31 32 II. PROCLAMATIONS AND RECOGNITIONS 33 34 A. 75th Anniversary of St. Anthony Village 35 36 Mr. Barry Tedlund, St. Anthony Historical Society made a presentation to the City Council. 37 38 Councilmember Walker indicated in the presentation it showed two tornados came through the 39 community and he wondered if that was correct. Mr. Tedlund stated that was correct. He 40 explained in 1951 a tornado hit in the shopping center on the south end at Red Owl and then 41 again in 1984 quite a bit of the City was hit, including Apache Plaza. 42 43 Councilmember Walker asked if Mayor Haik was still a resident of St. Anthony. Mayor Stille 44 indicated former Mayor Haik passed away a couple of years ago. 45 46 Councilmember Walker thought open enrollment pretty much saved the high school and now it 47 seems like the opposite. He also thought it was a blessing for the City to have Silverwood Park. 48 49 City Council Regular Meeting Minutes November 10, 2020 Page 2 Councilmember Webster thanked Mr. Tedlund for the presentation and thanked the Historical 1 Society for organizing this information for them. She appreciated that an independent 2 mindedness was brought into St. Anthony and make the City a unique place to live. 3 4 Mayor Stille thanked Mr. Tedlund for his presentation. 5 6 B. Proclamation Recognizing the City of St. Anthony Village 75th Anniversary 7 8 Mayor Stille read the proclamation recognizing the City of St. Anthony Village 75th Anniversary. 9 10 III. CONSENT AGENDA. 11 12 A. Approve October 27, 2020, Council meeting minutes. 13 B. Licenses and permits. 14 C. Claims. 15 D. Resolution 20-083; a Resolution Designating Polling Places for the 2021 Election Year. 16 E. Update of allocation of CARES Act Funding. 17 18 Mayor Stille noted there was a change in the amount of the CARES funding. He explained the 19 total amount going to the City on the front line is actually $568,110. 20 21 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve the Consent 22 Agenda items. 23 24 Motion carried 4-0 (Webster abstain). 25 26 IV. PUBLIC HEARING – NONE. 27 28 V. REPORTS FROM COMMISSION AND STAFF – NONE. 29 30 VI. GENERAL BUSINESS OF COUNCIL. 31 32 A. Approval of Capital Improvement Plan for 2021-2025 & 2026-2037. 33 34 Finance Director Rueckert presented the Capital Improvement Plan to the City Council. 35 36 Mayor Stille thanked Ms. Rueckert for her presentation. He appreciated all the work she has 37 done. 38 39 Motion by Councilmember Webster, seconded by Councilmember Walker, to accept the Capital 40 Improvement Plan for 2021-2025 & 2026-2037 as presented. 41 42 Motion carried 5-0. 43 44 B. Ordinance 2020-03; an Ordinance amending multiple sections relating to Sewer, Water, 45 and Stormwater Fees and other Fees. 46 City Council Regular Meeting Minutes November 10, 2020 Page 3 1 Finance Director Rueckert reviewed the ordinance with the Council and indicated that this is the 2 1st of 3 readings. 3 4 Councilmember Webster thanked Ms. Rueckert for being intentional in looking at the water 5 usage rates in the first quarter of 2020 and recognizing that the residents were asked to stay at 6 home that impacted the first quarter and into the second quarter. She also appreciated the once a 7 year plan that Ms. Rueckert has put in place to help make sure that the slow increases to the rates 8 will eventually meet the City’s goal of covering the cost of living and not service. 9 10 Councilmember Randle indicated he noticed the increase, but it did not occur to him the Stay at 11 Home Order during the first quarter. He also thanked Ms. Rueckert for explaining the increase. 12 13 Councilmember Jenson explained he liked the way the usage versus the distribution was divided 14 out. 15 16 Mayor Stille thanked Ms. Rueckert for the presentation. He mentioned the stewardship and 17 sustainability component that Ms. Rueckert does which comes with the tiered water rates. 18 19 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve first reading 20 of Ordinance 2020-03; an Ordinance Amending multiple sections relating to Sewer, Water, and 21 Stormwater Fees and other Fees. 22 23 Motion carried 5-0. 24 25 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 26 27 Interim City Manager Yunker reported that on the City website, on the main page there is a top 28 bar for COVID resources. The City has added some information on the Ramsey County 29 Landlord Assistance program. Staff received some information on the Census response rate and 30 noted that the National average of sixty-seven percent response rate and Minnesota response rate 31 is seventy-five percent. He thanked St. Anthony residents to help bring the State average up. He 32 also thanked all of the election staff. 33 34 Councilmember Jenson stated he attended the Executive Committee for the Ramsey County 35 Local League of Governments on November 5th where strategies to work with various Ramsey 36 County public health organizations was discussed. 37 38 Councilmember Webster stated the St. Anthony Kiwanis approved their 2021 budget. That 39 budget will help to establish priorities for areas in which to give and provide services for the 40 year. The Chamber of Commerce in St. Anthony is hosting a meeting on November 11th in 41 which members or any attendee can year directly from two small business owners in St. Anthony 42 to learn how COVID has impacted small businesses. She noted on Thursday, November 12th 43 there is a Community Services Advisory Council meeting and she indicated there is a meeting on 44 November 11th for the St. Anthony Brighton Family Services Collaborative. She reviewed a few 45 things that will be discussed. 46 City Council Regular Meeting Minutes November 10, 2020 Page 4 1 Mayor Stille stated he attended the Saturday Circle Session and the City also participated in that 2 a little bit as well. He indicated it was a good opportunity to understand different ways of 3 treating conflict and gaining trust with the understanding that trust is needed in order to move 4 forward and get along. He explained he attended the Regional Council of Mayors meeting on 5 November 9th and they talked about the election results. 6 7 Councilmember Walker explained on October 29th in light of St. Anthony’s commitment of 8 welcoming diverse residents he contributed and organized a discussion panel that was broadcast 9 on CTV. 10 11 VIII. COMMUNITY FORUM. 12 13 Mayor Stille invited residents to come forward at this time and address the Council on items that 14 are not on the regular agenda. 15 16 Hearing none, Mayor Stille moved forward with the agenda. 17 18 IX. INFORMATION AND ANNOUNCEMENTS. 19 20 Mayor Stille indicated he received a call since the last meeting from Kelly Doran, developer of 21 Silver Lake Village indicating he closed on his construction loan and will start March 1st. He 22 also received an email about snowplowing. 23 24 Mayor Stille explained Jay Hartman, the current Public Works Director, has been a City 25 employee for 43 years. He indicated Mr. Hartman was as dedicated as they come and was a true 26 champion of the City, one who leads St. Anthony and cares deeply about the residents. 27 Unfortunately, Mr. Hartman passed away Friday, November 6th, at the age of 59 and on behalf of 28 the City Council and entire community they offer his wife, Ann, and his family the City’s 29 condolences. To honor Mr. Hartman’s memory he asked that everyone join at this time and 30 conclude the meeting with a moment of silence. 31 32 X. ADJOURNMENT. 33 34 Mayor Stille adjourned the meeting at 8:13 p.m. 35 36 37 Respectfully submitted, 38 Sue Osbeck 39 TimeSaver Off Site Secretarial, Inc. 40 41 Mayor 42 ATTEST: 43 City Clerk 44 Saint Anthony Village DATE: November 24, 2020 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors Licenses: Holmlund Masonry, Minneapolis, MN Ivan’s Tree Service, Cottage Grove, MN Mechanical Licenses: Home Energy Center, Plymouth, MN Philos Mechanical, Lakeville, MN Voson Plumbing, Bloomington, MN Commercial Rental License: Applicant: Laramar Liberty Location: 2808 Silver Ln NE Residential Rental Licenses: Applicant: Michael Towle Location: 3004 Rankin Rd Applicant: Donald Doeksen Location: 3226 – 3228 Roosevelt St Applicant: Jean Kenney Location: 3525 Stinson Blvd NE 9 THIS PAGE LEFT INTENTIONALLY BLANK 10 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 11/13/2020 - 11/25/2020 Nov 16, 2020 05:43PM Vendor Number Payee Check Number Check Issue Date Amount 10710 ICMA RETIREMENT TRUST 42516 11/13/2020 1,435.00 11792 INTERNATIONAL UNION LOCAL #49 42517 11/13/2020 385.00 11793 LAW ENFORCEMENT LABOR SERVICES 42518 11/13/2020 1,054.00 10002 LOCAL UNION IAFF #3486 42519 11/13/2020 357.30 10039 AIRGAS USA LLC 42520 11/25/2020 52.08 10092 APACHE GROUP 42521 11/25/2020 754.86 1100 ARTISIAN BEER COMPANY 42522 11/25/2020 3,560.95 10115 ASPEN MILLS 42523 11/25/2020 270.69 10149 BATTERIES PLUS 42524 11/25/2020 105.99 1013 BELLBOY CORPORATION 42525 11/25/2020 3,271.50 1014 BELLBOY CORPORATION 42526 11/25/2020 155.60 10172 BIFFS, INC.42527 11/25/2020 228.00 2009 BLACK STACK BREWING 42528 11/25/2020 516.00 8544 BOURGET IMPORTS 42529 11/25/2020 89.75 10191 BRAZIL, KIM 42530 11/25/2020 57.29 1018 BREAKTHRU BEVERAGE MN BEER 42531 11/25/2020 9,056.80 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 42532 11/25/2020 15,095.07 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 42533 11/25/2020 2,198.85 1114 CANNON RIVER WINERY 42534 11/25/2020 156.00 1017 CAPITOL BEVERAGE SALES 42535 11/25/2020 10,152.82 10252 CENTERPOINT ENERGY 42536 11/25/2020 2,413.90 10254 CENTRAL LOCK & SAFE CO 42537 11/25/2020 39.45 10263 CENTURYLINK 42538 11/25/2020 128.00 12596 CINTAS 42539 11/25/2020 1,140.49 10293 CITY OF ROSEVILLE 42540 11/25/2020 13,949.00 12985 COWAN, JERRY 42541 11/25/2020 45.29 1042 CRYSTAL SPRINGS ICE 42542 11/25/2020 178.20 10373 DAILEY DATA & ASSOCIATES 42543 11/25/2020 135.00 10375 DALCO 42544 11/25/2020 267.06 10432 DORSEY & WHITNEY 42545 11/25/2020 5,992.50 10461 EHLERS & ASSOCIATES, INC.42546 11/25/2020 4,036.25 12780 FIRST STATE RECYCLING 42547 11/25/2020 247.10 12984 FOLEY, JOHN & CARLA 42548 11/25/2020 48.99 1021 GREAT LAKES COCA COLA 42549 11/25/2020 1,132.94 10624 HAWKINS, INC 42550 11/25/2020 7,235.20 10642 HENN CNTY INFO TECH DEPT 42551 11/25/2020 4,997.21 10661 HENNEPIN COUNTY TREASURER 42552 11/25/2020 663.00 1019 HOHENSTEIN'S, INC 42553 11/25/2020 4,749.80 1016 JJ TAYLOR DISTRIBUTING 42554 11/25/2020 24,876.60 1004 JOHNSON BROTHERS LIQUOR CO.42555 11/25/2020 6,004.82 1005 JOHNSON BROTHERS LIQUOR COMPANY.42556 11/25/2020 3,383.80 1006 JOHNSON BROTHERS LIQUOR COMPANY.42557 11/25/2020 6,064.90 1044 JOHNSON BROTHERS LIQUOR COMPANY.42558 11/25/2020 1,683.95 10797 KONICA MINOLTA BUSINESS 42559 11/25/2020 57.90 12894 LEAST SERVICE/COUNSELING LLC 42560 11/25/2020 1,230.00 2010 LUPULIN BREWING 42561 11/25/2020 1,903.00 1022 M. AMUNDSON LLP 42562 11/25/2020 2,638.69 10874 MACQUEEN EQUIPMENT GROUP 42563 11/25/2020 1,420.23 11985 MANSFIELD OIL COMPANY 42564 11/25/2020 1,342.68 10916 MENARDS LUMBER 42565 11/25/2020 12.18 10925 METRO CHIEF FIRE OFFICERS ASSOC.42566 11/25/2020 100.00 11031 MINNESOTA DEPT OF AGRICULTURE 42567 11/25/2020 25.00 11061 MORRELL ENTERPRISES LP 42568 11/25/2020 1,040.00 11 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 11/13/2020 - 11/25/2020 Nov 16, 2020 05:43PM Vendor Number Payee Check Number Check Issue Date Amount 12616 MURLOWSKI PROPERTIES INC 42569 11/25/2020 90.00 1125 NEGOCE 42570 11/25/2020 3,564.12 1051 NEW FRANCE WINE COMPANY 42571 11/25/2020 848.00 11131 NORTH SUBURBAN ACCESS CORPORATION.42572 11/25/2020 606.75 12778 NORTHWEST ASSOCIATED CONSULTANTS INC 42573 11/25/2020 8,655.70 11163 OFFICE DEPOT 42574 11/25/2020 56.77 12112 OREILLY AUTO PARTS 42575 11/25/2020 168.65 1012 PAUSTIS & SONS 42576 11/25/2020 1,217.75 1001 PHILLIPS WINE & SPIRITS 42577 11/25/2020 2,938.67 1002 PHILLIPS WINE & SPIRITS 42578 11/25/2020 3,345.57 11241 POSTMASTER - MPLS BMEU 42579 11/25/2020 2,000.00 11260 PROFESSIONAL TURF & RENOVATION 42580 11/25/2020 8,850.00 2019 PRYES BREWING COMPANY 42581 11/25/2020 213.00 11991 RL LARSON EXCAVATING INC 42582 11/25/2020 25,650.00 1020 ROOTSTOCK WINE COMPANY 42583 11/25/2020 97.50 11345 ROSEVILLE CHRYSLER DODGE 42584 11/25/2020 27.30 1065 SAINT CROIX 42585 11/25/2020 120.00 11399 SHI INTERNATIONAL CORPORATION.42586 11/25/2020 536.00 2018 SMALL LOT WINES 42587 11/25/2020 212.96 1024 SOUTHERN GLAZER'S OF MN 42588 11/25/2020 598.96 1008 SOUTHERN GLAZER'S OF MN 42589 11/25/2020 441.82 1026 SOUTHERN GLAZER'S OF MN 42590 11/25/2020 9,562.55 11478 STAR TRIBUNE 42591 11/25/2020 161.13 11531 T A SCHIFSKY & SONS 42592 11/25/2020 66.33 12986 TACTICAL SOLUTIONS 42593 11/25/2020 59.00 11552 TESSMAN SEED INC.42594 11/25/2020 237.50 11595 TRI STATE BOBCAT, INC.42595 11/25/2020 525.02 11819 TRUE NORTH ELECTRIC 42596 11/25/2020 1,417.25 11626 U.S. BANK (PURCHASING CARD)42597 11/25/2020 6,971.16 11674 VERIZON WIRELESS 42598 11/25/2020 49.74 11682 VIKING INDUSTRIAL CENTER 42599 11/25/2020 350.01 1025 VINOCOPIA 42600 11/25/2020 886.75 12149 VUE, KA 42601 11/25/2020 258.28 11900 WARNING LITES OF MN INC 42602 11/25/2020 120.00 11704 WASTE MANAGEMENT OF WI-MN 42603 11/25/2020 824.19 12648 WINDSTREAM 42604 11/25/2020 71.74 1034 WINE COMPANY/THE 42605 11/25/2020 488.60 1038 WINE MERCHANTS INC 42606 11/25/2020 2,616.34 1032 WINEBOW 42607 11/25/2020 852.75 11748 ZAHL PETROLEUM MAINTENANCE CO.42608 11/25/2020 755.00 11753 ZIEGLER, INC.42609 11/25/2020 14.12 1100 ARTISIAN BEER COMPANY 42610 11/25/2020 3,096.80 1013 BELLBOY CORPORATION 42611 11/25/2020 5,038.78 1014 BELLBOY CORPORATION 42612 11/25/2020 667.30 2009 BLACK STACK BREWING 42613 11/25/2020 900.00 8544 BOURGET IMPORTS 42614 11/25/2020 97.75 1018 BREAKTHRU BEVERAGE MN BEER 42615 11/25/2020 14,401.50 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 42616 11/25/2020 1,773.00 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 42617 11/25/2020 1,257.35 1017 CAPITOL BEVERAGE SALES 42618 11/25/2020 8,089.10 10263 CENTURYLINK 42619 11/25/2020 366.18 1010 CLEAR RIVER BEVERAGE COMPANY 42620 11/25/2020 767.50 1042 CRYSTAL SPRINGS ICE 42621 11/25/2020 136.62 12 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 11/13/2020 - 11/25/2020 Nov 16, 2020 05:43PM Vendor Number Payee Check Number Check Issue Date Amount 12992 ENNIS FLINT 42622 11/25/2020 194.57 2036 FALLING KNIFE BREWING CO 42623 11/25/2020 310.00 10523 FISCHER/MERLE 42624 11/25/2020 107.95 11866 GALLS 42625 11/25/2020 204.96 1019 HOHENSTEIN'S, INC 42626 11/25/2020 1,984.95 1016 JJ TAYLOR DISTRIBUTING 42627 11/25/2020 12,436.60 1102 JOHNSON BROTHERS 42628 11/25/2020 3,561.20 1004 JOHNSON BROTHERS LIQUOR CO.42629 11/25/2020 7,224.98 1005 JOHNSON BROTHERS LIQUOR COMPANY.42630 11/25/2020 3,061.05 1006 JOHNSON BROTHERS LIQUOR COMPANY.42631 11/25/2020 4,739.41 1044 JOHNSON BROTHERS LIQUOR COMPANY.42632 11/25/2020 15,668.11 1120 KEEPSAKE CIDERY LLP 42633 11/25/2020 60.00 2006 MODIST BREWING COMPANY 42634 11/25/2020 380.00 1051 NEW FRANCE WINE COMPANY 42635 11/25/2020 912.00 12779 OPTION ONE MECHANICAL LLC 42636 11/25/2020 1,238.00 11182 OWENS/TOM 42637 11/25/2020 125.00 1012 PAUSTIS & SONS 42638 11/25/2020 1,827.75 1001 PHILLIPS WINE & SPIRITS 42639 11/25/2020 3,589.09 1002 PHILLIPS WINE & SPIRITS 42640 11/25/2020 1,414.05 1062 RED BULL DISTRIBUTION COMPANY 42641 11/25/2020 212.50 1020 ROOTSTOCK WINE COMPANY 42642 11/25/2020 290.61 1024 SOUTHERN GLAZER'S OF MN 42643 11/25/2020 4,233.73 1008 SOUTHERN GLAZER'S OF MN 42644 11/25/2020 1,837.86 1026 SOUTHERN GLAZER'S OF MN 42645 11/25/2020 10,064.97 11513 SULLIVAN, TOM 42646 11/25/2020 51.00 1025 VINOCOPIA 42647 11/25/2020 107.71 1034 WINE COMPANY/THE 42648 11/25/2020 859.75 1038 WINE MERCHANTS INC 42649 11/25/2020 736.05 1032 WINEBOW 42650 11/25/2020 512.25 Grand Totals: 349,201.64 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: November 24, 2020 Resolution-Approving amended and restated assignments and subordinations of contract for private redevelopment between the City Of St. Anthony Village, The Housing and Redevelopment Authority of St. Anthony Village, Minnesota, Doran SLV, LLC, Doran St. Anthony, LLC, Doran SLV II, LLC, Bremer Bank, National Association, And Bridgewater Bank Overview: In front of you this evening is a resolution to amend and restate assignments and subordinations of contract for private redevelopment between the City Of St. Anthony Village, The Housing and Redevelopment Authority of St. Anthony Village, Minnesota, Doran SLV, LLC, Doran St. Anthony, LLC, Doran SLV II, LLC, Bremer Bank, National Association, And Bridgewater Bank. In order to construct the proposed Silver Lake Village housing under the Contract for Private Redevelopment (“Contract”) between the HRA, the City, and Doran SLV (“Redeveloper”), the Redeveloper requested mortgage financing from two different lenders, Bremer and Bridgewater Bank. Both of these lenders agreed to provide financing, but required an assignment of the Redeveloper’s rights under the Contract, as well as a subordination of the City’s and HRA’s rights under the Contract. Per Section 7.3 of the Contract, the City and HRA will agree to subordinate their rights to a mortgage lender as long as the proposed Subordination is reasonably acceptable. The first version of the Assignment and Subordination documents presented by the lenders were reviewed and approved administratively, but upon further review by the City’s and HRA’s economic development attorney, it was discovered that these documents did not provide enough protection under current TIF law to fully protect the City’s and HRA’s interests. Upon request, the Lenders and Redeveloper agreed to revise the original documents. As a result, Amended and Restated Assignment and Subordination documents are presented this evening. These documents contain additional language that better protects the rights of the City and HRA under the Contract. Section 7.3 of the Contract requires formal approval of any proposed subordination. 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 AMENDED AND RESTATED ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE THIS AMENDED AND RESTATED ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE (this “Agreement”), is made and entered into as of the ___ day of November, 2020, by and among the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY VILLAGE, MINNESOTA, a public body corporate and politic and political subdivision of the State of Minnesota (the “Authority”), the CITY OF ST. ANTHONY VILLAGE, a Minnesota municipal corporation (the “City”), DORAN SLV, LLC, a Minnesota limited liability company (the “Redeveloper”), DORAN SLV II, LLC, a Minnesota limited liability company (the “Phase II Land Owner”), and BRIDGEWATER BANK, a Minnesota state banking corporation (the “Lender”). W I T N E S S E T H: WHEREAS, the Authority, the City, and the Redeveloper have entered into that certain Contract for Private Development dated as of February 19, 2019, and filed of record in the office of the Ramsey County Recorder on March 17, 2020, as Document No. A04802554 (as amended, modified and supplemented from time to time, the “Development Agreement”), pertaining to the development of certain real property located in the City of St. Anthony Village, Minnesota, and referred to therein as the “Redevelopment Property”; and WHEREAS, pursuant to the Development Agreement, the Authority will execute and deliver to the Redeveloper a note in the maximum aggregate principal amount of $3,300,000.00 (the “TIF Note”); and WHEREAS, the Redeveloper has caused the Redevelopment Property to be replatted, and has transferred a portion of the Redevelopment Property legally described on Exhibit A (the “Phase II Project”) to the Phase II Land Owner; and WHEREAS, the Lender is providing financing to the Phase II Land Owner in the principal amount of $5,200,000.00 (the “Loan”), pursuant to the terms of that certain Loan Agreement of even date herewith (as the same may be amended or restated from time to time, the “Loan Agreement”), executed by and among the Lender and the Phase II Land Owner; and WHEREAS, the Loan is evidenced by that certain Real Estate Note of even date herewith in the original principal amount of $5,200,000.00, executed by the Phase II Land Owner and payable to 17 2 the order of the Lender (as may be amended or restated from time to time, collectively, the “Note”); and WHEREAS, the Note is secured by, among other things, that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents of even date herewith (as the same may be amended or restated from time to time, the “Mortgage”) encumbering the Phase II Project, executed by the Phase II Land Owner in favor of the Lender and filed of record concurrently herewith; and WHEREAS, to secure the obligations of the Phase II Land Owner to the Lender under the Loan Agreement, the Note, the Mortgage and the documents related thereto (collectively, the “Loan Documents”), the Lender has required, as an express condition to disbursement of the Loan, (a) that the Redeveloper and the Phase II Land Owner assign all of their rights under the Development Agreement (with respect to the Phase II Project only) and the TIF Note to the Lender, (b) that the rights of the Authority under the Development Agreement be subordinated to the Mortgage, and (c) that the Authority agree to certain other matters, all as more fully contained herein. NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. The Redeveloper and the Phase II Land Owner hereby assign to the Lender, and the Lender hereby accepts (subject to the terms of this Assignment), all of the Redeveloper’s and the Phase II Land Owner’s respective right, title and interest under and pursuant to the Development Agreement, and the Redeveloper and the Phase II Land Owner hereby assign to the Lender all of their respective right, title and interest under and pursuant to the TIF Note to secure all of the Phase II Land Owner’s obligations to the Lender under the Loan Documents; provided, however, that the Redeveloper and the Phase II Land Owner shall continue to be obligated in all respects to the performance of the Development Agreement. 2. Upon the execution and delivery by the Authority to the Redeveloper and the Phase II Land Owner of the TIF Note, the Redeveloper and the Phase II Land Owner agree to endorse and deliver such TIF Note to the Lender to be held by the Lender pursuant to the terms of this Agreement. 3. Upon written notification by the Lender of an Event of Default (as that term is defined in the Loan Documents) (“Default Notice”), the Authority hereby agrees to register the TIF Note in the name of the Lender, and, so long as such Event of Default is continuing, to make all payments under the TIF Note directly to the Lender, and the Redeveloper and the Phase II Land Owner hereby consent to the making of such payments directly to the Lender. In the event the Authority is making payments under the TIF Note directly to the Lender pursuant to Default Notice and the Event of Default for which the Default Notice was issued is thereafter cured or otherwise waived, Lender shall provide prompt written notice of such cure to the Authority and, thereafter, until receipt of a subsequent Default Notice is received by the Authority, the Authority shall direct payments under the TIF Note to the Phase II Land Owner. 18 3 4. The Redeveloper and the Phase II Land Owner hereby represent and warrant that there have been no prior assignments of the Development Agreement (except with respect to the assignment to Bremer Bank, National Association) or the TIF Note by the Phase II Land Owner or Redeveloper, that, to the actual knowledge of the Phase II Land Owner and the actual knowledge of the Redeveloper, the Development Agreement is, and the TIF Note upon issuance will be, valid and enforceable agreements and that, to the actual knowledge of the Phase II Land Owner and the actual knowledge of the Redeveloper, neither the Authority, the Redeveloper nor the Phase II Land Owner, as applicable, is in default under the Development Agreement, and that, to the actual knowledge of the Phase II Land Owner and the actual knowledge of the Redeveloper, all covenants, conditions and agreements have been performed as required herein, except those not to be performed until after the date hereof. As used herein, the term “actual knowledge of the Phase II Land Owner” and any phrase or words of similar import shall be deemed to mean the actual knowledge of the Chief Manager of Phase II Land Owner and the term “actual knowledge of the Redeveloper” and any phase or words of similar import shall be deemed to mean the actual knowledge of the Chief Manager of the Redeveloper, in each instance without having made inquiry or investigation beyond such person’s actual knowledge. Such person is named solely for the purpose of defining and narrowing the scope of knowledge and not for the purpose of imposing any additional liabilities on or creating any additional duties running from such individual to the Phase II Land Owner or Redeveloper, respectively. The Redeveloper and the Phase II Land Owner agree not to sell, assign, pledge, mortgage or otherwise transfer or encumber their respective interest in the Development Agreement (with respect to the Phase II Project) or the TIF Note as long as this Agreement is in effect. The Redeveloper and the Phase II Land Owner hereby irrevocably constitute and appoint the Lender as its respective attorney-in-fact to demand, receive and enforce their rights with respect to the Development Agreement (with respect to the Phase II Project) and/or the TIF Note for and on behalf of and in the name of the Redeveloper or the Phase II Land Owner, as the case may be, or, at the option of the Lender, in the name of the Lender, with the same force and effect as the Redeveloper or the Phase II Land Owner, as the case may be, could do if this Agreement had not been made. 5. This Agreement shall constitute a perfected, absolute and present assignment, provided that the Lender shall have no right under this Agreement to enforce the provisions of the Development Agreement or the TIF Note, or to collect any funds payable to the Redeveloper or the Phase II Land Owner pursuant to the TIF Note, or exercise any rights or remedies under this Agreement unless an Event of Default shall occur and be continuing. 6. Upon the occurrence and during the continuance of an Event of Default, the Lender may, without affecting any of its rights or remedies against the Redeveloper and the Phase II Land Owner under any other instrument, document or agreement, exercise its rights under this Agreement as attorney-in-fact for the Redeveloper and the Phase II Land Owner in any manner permitted by law and in addition the Lender shall have the right to exercise and enforce any and all rights and remedies available 19 4 after a default to a secured party under the Uniform Commercial Code as adopted in the State of Minnesota. If notice to the Redeveloper or the Phase II Land Owner of any intended disposition of collateral or of any intended action is required by law in any particular instance, such notice shall be deemed commercially reasonable if given in writing at least ten (10) days prior to the intended disposition or other action. 7. The Authority and the City consent and agree to the terms and conditions of this Agreement. The Authority and the City further represent and warrant to the Lender that the Development Agreement is a valid agreement enforceable against the Authority and the City in accordance with its terms and that to the knowledge of the undersigned neither the Authority, the City, the Redeveloper nor the Phase II Land Owner is in default thereunder, and that all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date hereof. 8. The Authority and the City hereby agree that any agreement of the Redeveloper or the Phase II Land Owner to indemnify the Authority or the City pursuant to the Development Agreement is not the obligation of, nor shall any provisions in such article impose any obligation upon, the Lender, its successors and/or assigns until such time as the Lender, in its discretion, exercises its rights hereunder and assumes the obligations of the Redeveloper or the Phase II Land Owner under the Development Agreement. 9. The Authority and the City hereby approve the financing for the Phase II Project as contemplated by the Loan Documents to the extent such approval is required under the Development Agreement. Such approval does not in any way constitute an opinion on the part of the Authority or City that such financing is sufficient for any purpose. 10. The Authority and the City agree that their respective rights under the Development Agreement, including but not limited to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of the Lender under the Mortgage; provided, however, that nothing herein shall be construed as subordinating the requirements contained in the Development Agreement that the Minimum Improvements be used in accordance with Section 10.3 of the Development Agreement, or as subordinating the Authority’s rights under the Assessment Agreement (as defined in the Development Agreement). The term “Mortgage” shall include the Mortgage and any amendments, supplements, modifications, renewals, extensions or replacements thereto. In addition, the Authority and the City acknowledge that the terms of the Mortgage, not the Development Agreement, shall control the use and disbursement of insurance proceeds and condemnation awards. Any obligation of the Redeveloper or the Phase II Land Owner to construct the Minimum Improvements is hereby subordinated to the Mortgage. Notwithstanding anything herein to the contrary, the Authority shall continue to have the ability to suspend, adjust, or terminate payments on the TIF Note in accordance with its terms and/or to terminate the 20 5 Development Agreement if an Event of Default (as defined in the Development Agreement) occurs, as provided in Section 9.2 of the Development Agreement. 11. The Authority and the City agree that, contemporaneously with any notice of default given under the Development Agreement to the Redeveloper or the Phase II Land Owner, the Authority and the City shall also provide the Lender with a copy of such notice of default, and the Lender shall have the right, but not the obligation, to cure any such default on behalf of the Developer within any applicable cure period provided for in the Development Agreement. 12. The Lender agrees to use commercially reasonable efforts to provide the Authority with all default notices sent to the Borrower pursuant to the Loan Documents but only to the extent the default described therein is reasonably likely to have a material adverse effect on Borrower’s ability to perform its obligations under the Development Agreement, and the Borrower agrees that it shall cause the Authority to receive copies of any notice of default received by the Borrower from the Lender but only to the extent the default described therein is reasonably likely to have a material adverse effect on Borrower’s ability to perform its obligations under the Development Agreement. 13. The parties hereto agree that no change or amendment shall be made to the terms of the Development Agreement without the prior written consent of the Lender, such consent not to be unreasonably withheld, condition or delayed. 14. This Agreement can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by all parties hereto. A waiver by the Lender shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any of the Lender’s rights or remedies hereunder. All rights and remedies of the parties hereunder shall be cumulative and shall be exercised singularly or concurrently, at such party’s option, and any exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other. 15. No provision of this Agreement shall be deemed or construed to alter, amend or modify, in any way, the rights and obligations of the Authority and the City with respect to the Redeveloper and the Phase II Land Owner, as applicable, with respect to the Development Agreement. Nothing herein shall be construed to limit the Authority’s or the City’s remedies under Section 9.2 of the Development Agreement upon the occurrence and during the continuance of an Event of Default under the Development Agreement. 16. Any notice, request, demand or other communication hereunder shall be deemed duly given if delivered or postage prepaid, certified or registered, addressed to the party as set forth below: 21 6 If to the Authority: Housing and Redevelopment Authority of St. Anthony, Minnesota 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Attention: Executive Direct If to the City: City of St. Anthony Village 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Attention: City Manager If to the Redeveloper: Doran SLV, LLC 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 Attention: Kelly J. Doran and Evan Doran Doran SLV, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attention: General Counsel If to the Phase II Land Owner: Doran SLV II, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attention: Kelly J. Doran and Evan Doran With a copy to: Doran SLV II, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attention: General Counsel If to the Lender: Bridgewater Bank 370 Wabasha Street North, Suite 1500 St. Paul, Minnesota 55102 Attention: Tyler Manning 22 7 17. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. This Agreement may be executed in several counterparts, each of which when executed is an original, but all of which together shall constitute one instrument. Separate signature pages may be signed by various parties and each complete set of pages hereto, with signature pages signed by each party, shall constitute one original of this Agreement. 18. Lender hereby acknowledges and agrees that, notwithstanding anything to the contrary contained herein, Lender shall have no right under this Agreement and specifically disclaims any security interest in the Demolition Payment (as defined in the Development Agreement) and specifically disclaims the right to enforce any provision in the Development Agreement relating to the Demolition Payment. IN WITNESS WHEREOF, the parties hereto have made and entered into this Assignment and Subordination of Development Agreement and TIF Note as of the day and year first above written. 12636.61 20383219v3 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 23 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE] HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY VILLAGE, MINNESOTA By: Its: Chair By: Its: Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by _______________________ and _______________________, the Chair and Executive Director, respectively, of the Housing and Redevelopment Authority of St. Anthony Village, Minnesota, a public body corporate and politic and political subdivision of the State of Minnesota, for and on behalf of said authority. Notary Public 24 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE] CITY OF ST. ANTHONY VILLAGE By: Its: Mayor By: Its: City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by _______________________ and _______________________, the Mayor and City Clerk, respectively, of the City of St. Anthony Village, a Minnesota municipal corporation, for and on behalf of said municipal corporation. Notary Public 25 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE] DORAN SLV, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public 26 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE] DORAN SLV II, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV II, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public 27 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT AND TIF NOTE] BRIDGEWATER BANK, a Minnesota state banking corporation By: Tyler Manning Its: Vice President STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by Tyler Manning, a Vice President of Bridgewater Bank, a Minnesota state banking corporation, for and on behalf of said state banking corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine, P.A. (TJK) Suite 3500 225 South Sixth Street Minneapolis, Minnesota 55402-4629 28 EXHIBIT A (Legal Description) (INSERT PHASE II LEGAL DESCRIPTION) 29 THIS PAGE LEFT INTENTIONALLY BLANK 30 AMENDED AND RESTATED ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into as of the ___ day of November, 2020, by and among the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY VILLAGE, MINNESOTA, a public body corporate and politic and political subdivision of the State of Minnesota (the “Authority”), the CITY OF ST. ANTHONY VILLAGE, a Minnesota municipal corporation (the “City”), DORAN SLV, LLC, a Minnesota limited liability company (the “Redeveloper”), DORAN ST. ANTHONY, LLC, a Minnesota limited liability company (the “Phase I Land Owner”), and BREMER BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”). W I T N E S S E T H: WHEREAS, the Authority, the City, and the Redeveloper have entered into that certain Contract for Private Development dated as of February 19, 2019, and filed of record in the office of the Ramsey County Recorder on March 17, 2020, as Document No. A04802554 (as amended, modified and supplemented from time to time, the “Development Agreement”), pertaining to the development of certain real property located in the City of St. Anthony Village, Minnesota, and referred to therein as the “Redevelopment Property”; and WHEREAS, the Redeveloper has caused the Redevelopment Property to be replatted, and has transferred a portion of the Redevelopment Property legally described on Exhibit A (the “Phase I Project”) to the Phase I Land Owner; and WHEREAS, the Lender is providing financing to the Phase I Land Owner in the principal amount of $49,150,000.00 (the “Loan”), pursuant to the terms of that certain Loan Agreement of even date herewith (as the same may be amended or restated from time to time, the “Loan Agreement”), executed by and among the Lender and the Phase I Land Owner; and WHEREAS, the Loan is evidenced by that certain Real Estate Note of even date herewith in the original principal amount of $49,150,000.00, executed by the Phase I Land Owner and payable to the order of the Lender (as may be amended or restated from time to time, collectively, the “Note”); and 31 2 WHEREAS, the Note is secured by, among other things, that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents of even date herewith (as the same may be amended or restated from time to time, the “Mortgage”) encumbering the Phase I Project, executed by the Phase I Land Owner in favor of the Lender and filed of record concurrently herewith; and WHEREAS, to secure the obligations of the Phase I Land Owner to the Lender under the Loan Agreement, the Note, the Mortgage and the documents related thereto (collectively, the “Loan Documents”), the Lender has required, as an express condition to disbursement of the Loan, (a) that the Redeveloper and the Phase I Land Owner assign all of their rights under the Development Agreement (with respect to the Phase I Project only) to the Lender, (b) that the rights of the Authority under the Development Agreement be subordinated to the Mortgage, and (c) that the Authority agree to certain other matters, all as more fully contained herein. NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. The Redeveloper and the Phase I Land Owner hereby assign to the Lender, and the Lender hereby accepts (subject to the terms of this Assignment), all of the Redeveloper’s and the Phase I Land Owner’s respective right, title and interest under and pursuant to the Development Agreement to secure all of the Phase I Land Owner’s obligations to the Lender under the Loan Documents; provided, however, that the Redeveloper and the Phase I Land Owner shall continue to be obligated in all respects to the performance of the Development Agreement. 2. The Redeveloper and the Phase I Land Owner hereby represent and warrant that there have been no prior assignments of the Development Agreement by the Phase I Land Owner or Redeveloper (except with respect to the assignment in favor of Bridgewater Bank), that, to the actual knowledge of the Phase I Land Owner and the actual knowledge of the Redeveloper, the Development Agreement is valid and enforceable agreements and that, to the actual knowledge of the Phase I Land Owner and the actual knowledge of the Redeveloper, neither the Authority, the Redeveloper nor the Phase I Land Owner, as applicable, is in default under the Development Agreement, and that, to the actual knowledge of the Phase I Land Owner and the actual knowledge of the Redeveloper, all covenants, conditions and agreements have been performed as required herein, except those not to be performed until after the date hereof. As used herein, the term “actual knowledge of the Phase I Land Owner” and any phrase or words of similar import shall be deemed to mean the actual knowledge of the Chief Manager of Phase I Land Owner and the term “actual knowledge of the Redeveloper” and any phase or words of similar import shall be deemed to mean the actual knowledge of the Chief Manager of the Redeveloper, in each instance without having made inquiry or investigation beyond such person’s actual knowledge. Such person is named solely for the purpose of defining and narrowing the scope of knowledge and not for the purpose of imposing any additional liabilities on or creating any additional duties running from such individual to the Phase I Land Owner or Redeveloper, respectively. The Redeveloper and the Phase I Land Owner agree not to sell, assign, pledge, mortgage 32 3 or otherwise transfer or encumber their respective interest in the Development Agreement (with respect to the Phase I Project) as long as this Agreement is in effect. The Redeveloper and the Phase I Land Owner hereby irrevocably constitute and appoint the Lender as its respective attorney-in-fact to demand, receive and enforce their rights with respect to the Development Agreement (with respect to the Phase I Project) for and on behalf of and in the name of the Redeveloper or the Phase I Land Owner, as the case may be, or, at the option of the Lender, in the name of the Lender, with the same force and effect as the Redeveloper or the Phase I Land Owner, as the case may be, could do if this Agreement had not been made. 3. This Agreement shall constitute a perfected, absolute and present assignment, provided that the Lender shall have no right under this Agreement to enforce the provisions of the Development Agreement, or exercise any rights or remedies under this Agreement unless an Event of Default shall occur and be continuing. 4. Upon the occurrence and during the continuance of an Event of Default, the Lender may, without affecting any of its rights or remedies against the Redeveloper and the Phase I Land Owner under any other instrument, document or agreement, exercise its rights under this Agreement as attorney-in-fact for the Redeveloper and the Phase I Land Owner in any manner permitted by law and in addition the Lender shall have the right to exercise and enforce any and all rights and remedies available after a default to a secured party under the Uniform Commercial Code as adopted in the State of Minnesota. If notice to the Redeveloper or the Phase I Land Owner of any intended disposition of collateral or of any intended action is required by law in any particular instance, such notice shall be deemed commercially reasonable if given in writing at least ten (10) days prior to the intended disposition or other action. 5. The Authority and the City consent and agree to the terms and conditions of this Agreement. The Authority and the City further represent and warrant to the Lender that the Development Agreement is a valid agreement enforceable against the Authority and the City in accordance with its terms and that to the knowledge of the undersigned neither the Authority, the City, the Redeveloper nor the Phase I Land Owner is in default thereunder, and that all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date hereof. 6. The Authority and the City hereby agree that any agreement of the Redeveloper or the Phase I Land Owner to indemnify the Authority or the City pursuant to the Development Agreement is not the obligation of, nor shall any provisions in such article impose any obligation upon, the Lender, its successors and/or assigns until such time as the Lender, in its discretion, exercises its rights hereunder and assumes the obligations of the Redeveloper or the Phase I Land Owner under the Development Agreement. 7. The Authority and the City hereby approve the financing for the Phase I Project as contemplated by the Loan Documents to the extent such approval is required under the Development Agreement. Such approval does not in any way constitute an 33 4 opinion on the part of the Authority or City that such financing is sufficient for any purpose. 8. The Authority and the City agree that their respective rights under the Development Agreement, including but not limited to the receipt and application of any proceeds of insurance shall, in all respects, be subject and subordinate to the rights of the Lender under the Mortgage; provided, however, that nothing herein shall be construed as subordinating the requirements contained within the Development Agreement that the Minimum Improvements be used in accordance with Section 10.3 of the Development Agreement, or as subordinating the Authority’s rights under the Assessment Agreement (as defined in the Development Agreement). The term “Mortgage” shall include the Mortgage and any amendments, supplements, modifications, renewals, extensions or replacements thereto. In addition, the Authority and the City acknowledge that the terms of the Mortgage, not the Development Agreement, shall control the use and disbursement of insurance proceeds and condemnation awards. Any obligation of the Redeveloper or the Phase II Land Owner to construct the Minimum Improvements is hereby subordinated to the Mortgage. Notwithstanding anything herein to the contrary, the Authority shall continue to have the ability to suspend, adjust, or terminate payments on the TIF Note in accordance with its terms and/or to terminate the Development Agreement if an Event of Default (as such terms are defined in the Development Agreement) occurs as provided in Section 9.2 of the Development Agreement. 9. The Authority and the City agree that, contemporaneously with any notice of default given under the Development Agreement to the Redeveloper or the Phase I Land Owner, the Authority and the City shall also provide the Lender with a copy of such notice of default, and the Lender shall have the right, but not the obligation, to cure any such default on behalf of the Developer within any applicable cure period provided for in the Development Agreement. 10. The Lender agrees to use commercially reasonable efforts to provide the Authority with all default notices sent to the Borrower pursuant to the Loan Documents but only to the extent the default described therein is reasonably likely to have a material adverse effect on Borrower’s ability to perform its obligations under the Development Agreement, and the Borrower agrees that it shall cause the Authority to receive copies of any notice of default received by the Borrower from the Lender but only to the extent the default described therein is reasonably likely to have a material adverse effect on Borrower’s ability to perform its obligations under the Development Agreement. 11. The parties hereto agree that no change or amendment shall be made to the terms of the Development Agreement without the prior written consent of the Lender, such consent not to be unreasonably withheld, condition or delayed. 12. This Agreement can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by all parties hereto. A waiver by the Lender shall be effective only in a specific instance and for the specific purpose given. Mere delay 34 5 or failure to act shall not preclude the exercise or enforcement of any of the Lender’s rights or remedies hereunder. All rights and remedies of the parties hereunder shall be cumulative and shall be exercised singularly or concurrently, at such party’s option, and any exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other. 13. No provision of this Agreement shall be deemed or construed to alter, amend or modify, in any way, the rights and obligations of the Authority and the City with respect to the Redeveloper and the Phase I Land Owner, as applicable, with respect to the Development Agreement. Nothing herein shall be construed to limit the Authority’s or the City’s remedies under Section 9.2 of the Development Agreement upon the occurrence and during the continuance of an Event of Default under the Development Agreement. 14. Any notice, request, demand or other communication hereunder shall be deemed duly given if delivered or postage prepaid, certified or registered, addressed to the party as set forth below: If to the Authority: Housing and Redevelopment Authority of St. Anthony, Minnesota 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Attention: Executive Direct If to the City: City of St. Anthony Village 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Attention: City Manager If to the Redeveloper: Doran SLV, LLC 7803 Glenroy Road, Suite 200 Bloomington, Minnesota 55439 Attention: Kelly J. Doran and Evan Doran Doran SLV, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attention: General Counsel If to the Phase I Land Owner: 35 6 Doran St. Anthony, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attention: Kelly J. Doran and Evan Doran With a copy to: Doran St. Anthony, LLC 7803 Glenroy Road, Suite 100 Bloomington, Minnesota 55439 Attention: General Counsel If to the Lender: Bremer Bank, National Association 225 South Sixth Street Minneapolis, Minnesota 55402 Attention: Bryan Witschen 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. This Agreement may be executed in several counterparts, each of which when executed is an original, but all of which together shall constitute one instrument. Separate signature pages may be signed by various parties and each complete set of pages hereto, with signature pages signed by each party, shall constitute one original of this Agreement. 16. Lender hereby acknowledges and agrees that, notwithstanding anything to the contrary contained herein, Lender shall have no right under this Agreement and specifically disclaims any security interest in any TIF Note and/or funds derived therefrom and/or Demolition Payment contemplated pursuant to the Development Agreement and disclaims the right to enforce any provision in the Development Agreement relating thereto. IN WITNESS WHEREOF, the parties hereto have made and entered into this Assignment and Subordination of Development Agreement as of the day and year first above written. 12636.61 20415535v1 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 36 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT] HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY VILLAGE, MINNESOTA By: Its: Chair By: Its: Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by _______________________ and _______________________, the Chair and Executive Director, respectively, of the Housing and Redevelopment Authority of St. Anthony Village, Minnesota, a public body corporate and politic and political subdivision of the State of Minnesota, for and on behalf of said authority. Notary Public 37 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT] CITY OF ST. ANTHONY VILLAGE By: Its: Mayor By: Its: City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by _______________________ and _______________________, the Mayor and City Clerk, respectively, of the City of St. Anthony Village, a Minnesota municipal corporation, for and on behalf of said municipal corporation. Notary Public 38 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT] DORAN SLV, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public 39 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT] DORAN ST. ANTHONY, LLC, a Minnesota limited liability company By: DORAN SLV, LLC, a Minnesota limited liability company Its: Managing Member By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of October, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV, LLC, a Minnesota limited liability company, as Managing Member of Doran St. Anthony, LLC, a Minnesota limited liability company, for and on behalf of the limited liability company. Notary Public 40 [SIGNATURE PAGE TO ASSIGNMENT AND SUBORDINATION OF DEVELOPMENT AGREEMENT] BREMER BANK, NATIONAL ASSOCIATION, a national banking association By: Bryan Witschen Its: Vice President STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by Bryan Witschen, a Vice President of Bremer Bank, National Association, a national banking association, for and on behalf of said national banking association. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine, P.A. (TJK) Suite 3500 225 South Sixth Street Minneapolis, Minnesota 55402-4629 41 EXHIBIT A (Legal Description) (INSERT PHASE I LEGAL DESCRIPTION) 42 CITY OF ST. ANTHONY VILLAGE RESOLUTION 20-084 RESOLUTION APPROVING AMENDED AND RESTATED ASSIGNMENTS AND SUBORDINATIONS OF CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF ST. ANTHONY VILLAGE, THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY VILLAGE, MINNESOTA, DORAN SLV, LLC, DORAN ST. ANTHONY, LLC, DORAN SLV II, LLC, BREMER BANK, NATIONAL ASSOCIATION, AND BRIDGEWATER BANK BE IT RESOLVED By the City Council ("Council") of the City of St. Anthony Village, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City and the Housing and Redevelopment Authority of St. Anthony Village, Minnesota (the “Authority”) have previously established Tax Increment Financing District No. 3-5, a redevelopment TIF district (the “TIF District”) within Redevelopment Project Area No. 3, and have previously approved and executed a Contract for Private Redevelopment with Doran SLV, LLC, as amended (the “Contract”). 1.02. Doran SLV, LLC has subsequently partially assigned its rights and obligations under the Contract to Doran St. Anthony, LLC and Doran SLV II, LLC, which are affiliates of Doran SLV, LLC (Doran SLV, LLC, Doran St. Anthony, LLC, and Doran SLV II, LLC are hereafter collectively the “Redeveloper”). 1.03. In order to provide a portion of the construction financing for the Minimum Improvements (as defined in the Contract), the Redeveloper’s mortgage lenders, Bremer Bank National Association (“Bremer”) and Bridgewater Bank (“Bridgewater,” and collectively with Bremer, the “Lenders”) required a subordination of certain of the City’s and Authority’s rights under the Contract with respect to the Minimum Improvements, as set forth in (i) the Assignment and Subordination of Development Agreement between the City, the Authority, the Redeveloper, and Bremer, and (ii) the Assignment and Subordination of Development Agreement and TIF Note between the City, the Authority, the Redeveloper, and Bridgewater (together, the “Subordinations”). 1.04. Section 7.3 of the Contract provides that the City and Authority shall consent to subordinate their rights under the Contract, so long as such subordination contains such reasonable terms and conditions as are mutually agreed by the parties in writing, and the City duly approved the Subordinations. 1.05. In order to clarify certain terms of the Subordinations to preserve the first position of certain City and Authority rights under the Contract, the parties have negotiated and propose to execute (i) an Amended and Restated Assignment and 43 Subordination of Development Agreement, and (ii) an Amended and Restated Assignment and Subordination of Development Agreement and TIF Note (together, the “Amended Subordinations”), in the form presented to the City. 1.06. The Council has reviewed the Amended Subordinations and finds that the approval and execution of the Amended Subordinations are consistent with the provisions of the Contract and are in the best interest of the City and its residents. Section 2. City Approval; Other Proceedings. 2.01. The Amended Subordinations as presented to the City are hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Clerk, provided that execution of the Amended Subordinations by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Clerk are hereby authorized to execute on behalf of the City the Amended Subordinations and any other documents requiring execution by the City in order to carry out the transaction described in the Amended Subordinations. 2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved by the City Council of the City of St. Anthony Village, Minnesota this 24th day of November, 2020. ___________________________________ Mayor ATTEST: _______________________________ City Clerk 686767v1 MNI SA730-2 44 MEMORANDUM TO: Charlie Yunker – Interim City Manager and HRA Executive Director FROM: Stacie Kvilvang - Ehlers DATE: November 23, 2020 SUBJECT: Doran Redevelopment – Second Amendment to Contract for Private Redevelopment On June 17, 2020, the City and HRA approved the First Amendment to the Contract for Private Redevelopment with Doran SLV, LLC in connection to the Walmart redevelopment site. That amendment provided for: 1. Added language to address public health emergencies (including without limitation the COVID-19 pandemic) 2. Approved issuance of one PAYGO Note for $3.3 million instead of issuing two (2) notes for the combined amount; and 3. Pushed construction dates for Phase II back one year to December 31, 2022 and substantial completion by December 31, 2024 Since that time, the developer has determined to not commence construction until the spring of 2021 and has requested: 1. The Phase I construction date be moved to May 31, 2021 with substantial completion by April 1, 2023; and 2. The Phase II construction date be moved to May 31, 2023 with substantial completion by May 31, 2025 The Developer understands that by delaying construction of the project that they may not receive the full value of the PAYGO TIF note. Please contact me at 651-697-8595 with any questions. 45 THIS PAGE LEFT INTENTIONALLY BLANK 46 SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT This Second Amendment (“Second Amendment”) is made as of November __, 2020, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body politic and corporate (the “Authority”), the CITY OF ST. ANTHONY VILLAGE, a Minnesota municipal corporation (the “City”), DORAN SLV, LLC, a Minnesota limited liability company (the “Phase I Redeveloper”), Doran St. Anthony, LLC, a Minnesota limited liability company (the “Phase I Owner”) and Doran SLV II, LLC, a Minnesota limited liability company (the “Phase II Owner and Redeveloper” and, together with the Phase I Redeveloper, the “Redeveloper”). WHEREAS, the Authority, the City, and the Phase I Redeveloper entered into that certain Contract for Private Redevelopment dated as of December 10, 2019, as amended by a First Amendment thereto dated as of June 23, 2020 (as so amended, the “Contract”), providing, among other things, for the construction of certain improvements (the “Minimum Improvements”) on the property legally described within the Contract (the “Redevelopment Property”); WHEREAS, prior to the date of this Second Amendment, the Phase I Redeveloper conveyed that portion of the Redevelopment Property legally described on Exhibit A attached hereto (“Phase I Property”) to the Phase I Owner; WHEREAS, as of the date of this Second Amendment, the Phase I Redeveloper is the Managing Member of the Phase I Owner; WHEREAS, prior to the date of this Second Amendment, the Phase I Redeveloper conveyed that portion of the Redevelopment Property legally described on Exhibit B attached hereto (“Phase II Property”) to the Phase II Owner and Redeveloper; and WHEREAS, the Redeveloper has requested, and the Authority and City have agreed, to acknowledge the transfer of ownership of the Redevelopment Property and to modify certain terms of the Contract arising as a result of effects of the COVID-19 pandemic on the construction market and other causes. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Acknowledgement of Transfer. The City and the Authority hereby acknowledge the transfer of the Phase I Property from the Phase I Redeveloper to the Phase I Owner and the transfer of the Phase II Property from the Phase I 47 Redeveloper to the Phase II Owner and Redeveloper as permitted transfers under the Contract. 2. Amendment of Section 4.3(a) of the Contract. Section 4.3(a) of the Contract is amended as follows: (a) Subject to Unavoidable Delays, the Phase I Redeveloper shall commence construction of Phase I of the Minimum Improvements by May 31, 2021, and subject to Unavoidable Delays, the Phase II Owner and Redeveloper shall commence construction of Phase II of the Minimum Improvements by May 31, 2023. Subject to Unavoidable Delays, the Phase I Redeveloper shall complete the construction of Phase I of the Minimum Improvements by April 1, 2023, and subject to Unavoidable Delays, the Phase II Owner and Redeveloper shall complete the construction of Phase II of the Minimum Improvements by May 31, 2025. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved or deemed approved by the Authority. 2. Amendment to Section 7.2 of the Contract. Section 7.2 of the Contract is amended as follows: Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that any portion of the Redeveloper's construction costs for either Phase of the Minimum Improvements is provided through mortgage financing authorized pursuant to this Article VII of this Agreement, and there occurs a default under such Mortgage, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the Holder of such Mortgage, but only to the extent the default described therein is reasonably likely to have a material adverse effect on the Redeveloper’s ability to perform its obligations under this Agreement. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within the cure period(s) afforded to the Redeveloper under such Mortgage or any loan documents relating thereto, subject to the terms of such Mortgage or loan documents. 3. Miscellaneous. Except as amended by this Second Amendment, the Contract shall remain in full force and effect. Wherever in the Contact or any other instrument, reference is made to the “Contract” such reference shall be to the Contract, as amended by this Second Amendment. Upon execution, Redeveloper shall reimburse the Authority for all out-of-pocket costs incurred by the Authority in connection with negotiating, drafting and approval of this Amendment. Each party hereto represents and warrants to the other parties that such party has the requisite power and authority to enter into this Second Amendment; that all necessary and appropriate approvals, authorizations and other steps have been taken to effect the legality of this Second Amendment; that the signatories executing this Second Amendment are authorized to do so on behalf of such party; and that this Second Amendment is valid and binding upon and enforceable against such party. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original. Facsimile or email copies of the signature pages to this Second Amendment shall be deemed to be originals for all purposes of this Second Amendment. 48 IN WITNESS WHEREOF, the Authority, the City, the Phase I Owner and the Redeveloper have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _________, 2020, by ______________________ and ______________ the Chair and Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public Authority signature page to Second Amendment to Contract for Private Redevelopment 49 CITY OF ST. ANTHONY VILLAGE By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2020 by ______________ and __________________, the Mayor and City Clerk, respectively, of the City of St. Anthony Village, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public City signature page to Second Amendment to Contract for Private Redevelopment 50 Doran SLV, LLC a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of November, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public Phase I Redeveloper signature page to Second Amendment to Contract for Private Redevelopment 51 Doran St. Anthony, LLC a Minnesota limited liability company By: Doran SLV, LLC, a Minnesota limited liability company Its: Managing Member By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of November, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV, LLC, a Minnesota limited liability company, as Managing Member of Doran St. Anthony, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public Phase I Owner signature page to Second Amendment to Contract for Private Redevelopment 52 Doran SLV II, LLC a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of November, 2020, by Kelly J. Doran, the Chief Manager of Doran SLV II, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered (MNI) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 685163v1 MNI SA730-2 Phase II Owner and Redeveloper signature page to Second Amendment to Contract for Private Redevelopment 53 EXHIBIT A TO SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT Phase I Property Lot 1, Block 1, Silver Lake Village 3rd Addition, according to the recorded plat thereof, Ramsey County, Minnesota 54 EXHIBIT B TO SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT Phase II Property Lot 2, Block 1, Silver Lake Village 3rd Addition, according to the recorded plat thereof, Ramsey County, Minnesota 55 CONSENT AND SUBORDINATION BREMER BANK, NATIONAL ASSOCIATION, a national banking association, the holder of that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated October 30, 2020, filed of record with the Office of the County Recorder in and for Ramsey County, Minnesota on ________________, 2020, as Document No. ________________, hereby consents to the Second Amendment to Contract for Private Redevelopment to which this Consent and Subordination is attached (the “Agreement”) and agrees that its rights in the property affected by the Agreement shall be subordinated thereto. IN WITNESS WHEREOF, BREMER BANK, NATIONAL ASSOCIATION, a national banking association, has caused this Consent and Subordination to be executed this ____ day of November, 2020. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 56 BREMER BANK, NATIONAL ASSOCIATION, a national banking association By: Bryan Witschen Its: Vice President STATE OF MINNESOTA ) ) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of November, 2020, by Bryan Witschen, the Vice President of Bremer Bank, National Association, national banking association, and acknowledged that he executed the instrument on behalf of the banking association. Witness my hand and seal. Notary Public My Commission Expires: 57 CONSENT AND SUBORDINATION BRIDGEWATER BANK, a Minnesota state banking corporation, the holder of that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated October 30, 2020, filed of record with the Office of the County Recorder in and for Ramsey County, Minnesota on ________________, 2020, as Document No. ________________, hereby consents to the Second Amendment to Contract for Private Redevelopment to which this Consent and Subordination is attached (the “Agreement”) and agrees that its rights in the property affected by the Agreement shall be subordinated thereto. IN WITNESS WHEREOF, BRIDGEWATER BANK, a Minnesota state banking corporation, has caused this Consent and Subordination to be executed this ____ day of November, 2020. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 58 BRIDGEWATER BANK, a Minnesota state banking corporation By: Tyler Manning Its: Vice President STATE OF MINNESOTA ) ) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of November, 2020, by Tyler Manning, the Vice President of BRIDGEWATER BANK, a Minnesota state banking corporation, and acknowledged that he executed the instrument on behalf of the banking corporation. Witness my hand and seal. Notary Public My Commission Expires: 59 THIS PAGE LEFT INTENTIONALLY BLANK 60 RESOLUTION 20-085 RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, THE CITY OF ST. ANTHONY VILLAGE, DORAN SLV, LLC, DORAN ST. ANTHONY, LLC, AND DORAN SLV II, LLC BE IT RESOLVED BY the City Council ("Council") of the City of St. Anthony Village, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. Pursuant to its authority under Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1794, as amended, the Housing and Redevelopment Authority of St. Anthony, Minnesota (the “Authority”) has undertaken a program to promote the development and redevelopment of land identified as the Northwest Quadrant which is underutilized within the City, and in this connection created its Redevelopment Project Area No. 3 (hereinafter referred to as the “Project”) in an area (the “Project Area”) located in the City pursuant to the Act, and previously established Tax Increment Financing District No. 3-5, a redevelopment TIF district (the “TIF District”), made up of property in the Project Area. 1.02. The Authority, the City, and Doran SLV, LLC executed a Contract for Private Redevelopment, dated as of December 10, 2019, as amended by a First Amendment thereto dated as of June 23, 2020 (as so amended, the “Contract”), providing, among other things, for the construction of certain improvements (the “Minimum Improvements”) on the property legally described in the Contract and located within the TIF District (the “Redevelopment Property”). 1.03. Due to changes in circumstances caused by the COVID-19 pandemic and other factors, the parties have negotiated and propose to execute a Second Amendment to the Contract (the “Second Amendment”) to extend the deadlines for the commencement and completion of construction of the Minimum Improvements, and to acknowledge certain partial assignments of Doran SLV, LLC’s rights and obligations under the Contract to Doran St. Anthony, LLC and to Doran SLV II, LLC. Section 2. Second Amendment Approved. 2.01. The Second Amendment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Clerk, provided that execution of the Second Amendment by such officials shall be conclusive evidence of approval. 61 2.02. The Mayor and City Clerk are hereby authorized to execute on behalf of the City the Second Amendment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. 2.03. City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved this 24th day of November, 2020, by the City Council of the City of St. Anthony Village, Minnesota. _________________________________ Mayor ATTEST: _____________________________ City Clerk 686745v1 MNI SA730-2 62 MEMORANDUM To: Mayor Stille and St. Anthony City Council From: Stephen Grittman, City Planner Date: City Council Meeting – November 24, 2020 NAC Project No. 323.01 – 20.17 Request: Request for Minor Subdivision Property PID: 07-029-23-23-0001 Property Address: 2501 Lowry Avenue NE STAFF RECOMMENDATION The applicants are requesting a subdivision of an existing parcel, currently zoned R-1, Single Family Residential. The current use is as a legal non-conforming manufactured home park known as “Urban Grove”. That use covers a portion of the south side of the 15.38 acre parcel. The proposed subdivision would split a 4.28 acre parcel along the Stinson Boulevard Frontage (Tract B) from the remaining 11.1 acre parcel containing the manufactured home park (Tract A). The 4.28 acre Tract B is currently subject to a separate application for Preliminary Plan PUD for a 155 unit senior housing project by other parties. As discussed in the Analysis below, planning staff believes that the tests for “reasonable use” and the exceptions to the full platting requirement are present to qualify the request for a minor subdivision. Staff recommends approval of the subdivision and the accompanying variances. It should be noted that the City’s action on this subdivision is subject to the acceptability of the legal descriptions to the County Recorder, which if rejected, would require the applicants to re-process the subdivision as a plat. Minor subdivisions may proceed directly to the City Council for consideration, without a requirement for Planning Commission review or public hearing. GENERAL INFORMATION Applicant: Wenck Associates Owner: The Village LLC, dba Urban Grove 63 November 24, 2020 Page 2 Location: 2501 Lowry Avenue NE Existing Land Use Manufactured Home Park Zoning: R-1, Single Family Surrounding Land North: Single Family; Zoned R-1 Use / Zoning: East: Multi-family; Zoned PUD South: Commercial and Multi-Family; Zoned C and PUD Southwest: Commercial; Zoned C West: Single Family (City of Minneapolis) Deadline for Agency Application Complete Date: 11/3/20 Action: 60 Days: 1/2/21 Letter Sent: NA 120 Days: 2/28/21 ANALYSIS 1. Background The applicant is proposing to subdivide an existing parcel with frontage on both Stinson Parkway and Kenzie Terrace. The parcel in question is shown on the zoning map below, and 15.38 acres in area, per the submitted survey. 64 November 24, 2020 Page 3 A. Subdivision The Subdivision Ordinance provides for the following process: § 151.08 SUBDIVISION WITHOUT PLATTING. The City Council may waive compliance with the platting requirements of this subchapter and approve subdivision by conveyance of land by adoption of a resolution to that effect based upon findings by the City Council that: compliance with the platting requirements would create an unnecessary hardship or expense because of the nature of the subdivision, and failure to require the filing of a plat does not interfere with the purposes of this subchapter. The City Council may consider the number of parcels resulting from the subdivision, the complexity of the legal descriptions, the necessity for dedication of streets or drainage and utility casements, and the probability of future subdivision of the parcels. The proposed subdivision creates two relatively large parcels, as noted previously. The 4.28 acre parcel along Stinson (Tract B) will accommodate development of a separate use, dependent upon the normal processing of that application. The current manufactured home park use will not be affected by the proposed subdivision, with the qualification that further expansion of the Urban Grove use will now be limited by the Tract B property line and future use. The survey identifies the existence of a public drainage and utility easement that traverses through the property, and impacts both parcels. This, along with other easements and encroachments, would not be affected by the subdivision. Both parcels have far more than the required frontage on public streets for the current zoning, or any other zoning district that might be applied. The area is guided for multi-family development in the Future Land Use Plan, and if zoned to a high density zoning district, both lots would easily exceed those standards as well. Finally, the Subdivision Ordinance prohibits conveyance by metes and bounds description (an unplatted subdivision) when the lots are less than 2.5 acres and 150 feet in width. Both lots in this subdivision substantially exceed those thresholds. 2. Representative Codes Referenced. Title XV Land Usage, Chapter 151.08 Subdivision Ordinance. SUMMARY AND STAFF RECOMMENDATION Subdivision. Staff recommends approval of the proposed subdivision, based on the following findings: 65 November 24, 2020 Page 4 1. The proposed parcels exceed both zoning requirements and the minimum thresholds for consideration of subdivision without platting. 2. The parcels created will accommodate the proposed land uses allowed on the property under existing and/or future plans. 3. Platting is not necessary for these two parcels, and the process for platting would create an unnecessary procedural requirement for a minor subdivision as proposed. 4. The minor subdivision does not interfere with the purposes of the Subdivision Ordinance, the Zoning Ordinance, or other applicable regulations and plans. ALTERNATIVE ACTIONS Decision 1. Minor Subdivision 1. Motion to approve the request for a subdivision for the subject property as shown on the proposed survey, based on the findings in this report, and subject to the conditions noted below: a. County acceptance of the descriptions for recording, as submitted. b. Continued cooperation with the City related to any final review of utility needs and impacts serving the proposed uses. c. Comments related to access and right of way from Hennepin County and/or Minneapolis Park Board. 2. Motion to recommend denial of the subdivision as requested. This recommendation would be based on findings to be noted by the City Council on the record. 3. Request Additional Information and Table Action, subject to the submission of additional information from staff and/or applicant. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Resolution 66 S1°05'43"E 432.32N89°07'06"E 947.20 S50°33'24" W 563.84 S39°13'04"E 3.02 S50°46'56" W 100.00L =1 7 6 .8 0 R =8 5 1 .7 3 Δ =1 1 °5 3 '3 5 "N0°06'35"W225.48S89°19'55"W 295.01N0°06'35"W 716.23PID:0702923230001 Parcel 1: That part of the South 1/2 of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the South line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet; thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center of State Highway No. 63; thence southwesterly along said center line of State Highway No. 63 and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South line of said quarter section; thence West along said latter line to the point of beginning, except that part thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of the Northwest Quarter of said Section 7 and except the easterly 100 feet thereof. Except that part taken for highway purposes by the County of Hennepin as evidenced by Final Certificate, filed May 16, 1985, as Document No. 1652500. Parcel 2: That part of the following described property: The Easterly 100 feet of that part of the South half of the Northwest Quarter, Section 7, Township 29, Range 23, beginning at a point in the South line of said Tract 100 feet East of the Southwest corner thereof, thence North 1079.8 feet, thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center of State Highway No. 63; thence Southwesterly along said center line of State Highway 63 and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South line of said quarter section; thence West along said latter line to the point of beginning, lying Westerly of the following described line and its Southerly extension, Beginning at a point on the North line of the above described Tract, distant 5.50 feet easterly of the Northwest corner thereof, assumed bearing of said North line is North 89 degrees 24 minutes 53 seconds East; thence South 01 degree 00 minutes 45 seconds East a distance of 486.65 feet, more or less, to the South line of the above described tract and there terminating. Parcel 3: That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as commencing at a point on the South line of said Northwest Quarter distant 100 feet Easterly from the Southwest corner of said Northwest Quarter; thence Northerly parallel with the West line of said Northwest Quarter to the South line of MURRAY HEIGHTS ADDITION TO MINNEAPOLIS, being the actual point of beginning; thence Southerly along said parallel line to a point distant 1079.8 feet Northerly from said South line of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 24 minutes 53 seconds East, parallel with the South line of said Northwest Quarter a distance of 947.24 feet; thence North 01 degree 00 minutes 45 seconds East to said South line of MURRAY HEIGHTS ADDITION TO MINNEAPOLIS; thence Westerly along the last described line to the point of beginning. All situated in the County of Hennepin and State of Minnesota. Torrens Property Being registered land as evidenced by Certificate of Title No. 1066595 TRACT A: That part of the South 1/2 of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the South line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet; thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center of State Highway No. 63; thence southwesterly along said center line of State Highway No. 63 and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South line of said quarter section; thence West along said latter line to the point of beginning, except that part thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of the Northwest Quarter of said Section 7 and except the easterly 100 feet thereof. Except that part taken for highway purposes by the County of Hennepin as evidenced by Final Certificate, filed May 16, 1985, as Document No. 1652500. And, That part of the following described property: The Easterly 100 feet of that part of the South half of the Northwest Quarter, Section 7, Township 29, Range 23, beginning at a point in the South line of said Tract 100 feet East of the Southwest corner thereof, thence North 1079.8 feet, thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center of State Highway No. 63; thence Southwesterly along said center line of State Highway 63 and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South line of said quarter section; thence West along said latter line to the point of beginning, lying Westerly of the following described line and its Southerly extension, Beginning at a point on the North line of the above described Tract, distant 5.50 feet easterly of the Northwest corner thereof, assumed bearing of said North line is North 89 degrees 24 minutes 53 seconds East; thence South 01 degree 00 minutes 45 seconds East a distance of 486.65 feet, more or less, to the South line of the above described tract and there terminating. And, That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as commencing at a point on the South line of said Northwest Quarter distant 100 feet Easterly from the Southwest corner of said Northwest Quarter; thence Northerly parallel with the West line of said Northwest Quarter to the South line of MURRAY HEIGHTS ADDITION TO MINNEAPOLIS, being the actual point of beginning; thence Southerly along said parallel line to a point distant 1079.8 feet Northerly from said South line of the Northwest Quarter; thence on an assumed bearing of North 89 degrees 24 minutes 53 seconds East, parallel with the South line of said Northwest Quarter a distance of 947.24 feet; thence North 01 degree 00 minutes 45 seconds East to said South line of MURRAY HEIGHTS ADDITION TO MINNEAPOLIS; thence Westerly along the last described line to the point of beginning. EXCEPT the west 260.00 feet thereof. TRACT B: The east 260.00 feet of that part of the South 1/2 of the Northwest Quarter of Section 7, Township 29, Range 23, beginning at a point in the South line of said Tract 100 feet East of the Southwest corner thereof; thence North 1079.8 feet; thence East parallel to the South line of said quarter section 1041.74 feet; thence South to center of State Highway No. 63; thence southwesterly along said center line of State Highway No. 63 and St. Anthony and Taylor Falls Road to intersection of center line of said road with the South line of said quarter section; thence West along said latter line to the point of beginning, except that part thereof embraced in the South 365 feet of the West 395 feet of the Southwest Quarter of the Northwest Quarter of said Section 7 and except the easterly 100 feet thereof. Except that part taken for highway purposes by the County of Hennepin as evidenced by Final Certificate, filed May 16, 1985, as Document No. 1652500. PROPERTY BOUNDARY = 669,810 S.F. (15.38 AC.) ± TRACT A = 483,467 S.F. (11.10 AC.) ± TRACT B = 186,343 S.F. (4.28 AC.) ± AREA TABLE 2501 LOWRY AVENUE NE, ST. ANTHONY, MINNESOTA 55418 PRESENT ADDRESS MINOR SUBDIVISION TRACT B TRACT A LEGEND LEGAL DESCRIPTION OF PROPERTY TO BE SUBDIVIDED: THE VILLAGE LLC DBA URBAN GROVE 1907 WAYZATA BLVD # 250 WAYZATA MN 55391 OWNER / TAXPAYER DWN BY: ISSUE DATE: PROJECT NO.:M:\2112 - Kaas Wilson\20-500 St. Anthony Independent Senior Living\SURVEY\CAD\2112-20-500 Minor Subdivision1.dwg 10/28/2020 GARY J. BJORKLUNDDESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.: SHEET TITLE:10/28/2020 12:19:53 PMSUB CONSULTANT: CLIENT:PROJECT TITLE:CHK'D BY: APP'D BY: CERTIFICATION:NOT FOR CONSTRUCTION7500 OLSON MEMORIAL HWY SUITE 300 GOLDEN VALLEY, MN 55427 PHONE: 763-252-6800 FAX: 952-831-1268 WWW.WENCK.COM CONTINENTAL GROUP MINOR SUBDIVISION2501 LOWRY AVEST. ANTHONY, MINNESOTA 554182112-20-500 GJB DML DML 10/28/2020 110/29/2020 CITY SUBMITTAL167 68 69 70 71 THIS PAGE LEFT INTENTIONALLY BLANK 72 CITY COUNCIL NOVEMBER 24, 2020 2501 LOWRY AVENUE NE -Minor Subdivision 2501 LOWRY AVE.NE SUBDIVISION 73 2501 LOWRY AVE.NE SUBDIVISION - Project Description Subdivision of a single 15.38 acre parcel into 2 lots Tract “A” –East portion along Kenzie Terrace: 11.1 acres (contains Urban Grove) Tract “B” –West lot along Stinson Parkway: 4.28 acres 2501 LOWRY MINOR SUBDIVISION STAFF RECOMMENDATIONS Subdivision Staff recommends approval based on these findings: 1.The proposed parcels exceed both zoning requirements and the minimum thresholds for consideration of subdivision without platting. 2.The parcels created will accommodate the proposed land uses allowed on the property under existing and/or future plans. 3.Platting is not necessary for these two parcels, and the process for platting would create an unnecessary procedural requirement for a minor subdivision as proposed. 4.The minor subdivision does not interfere with the purposes of the Subdivision Ordinance, the Zoning Ordinance, or other applicable regulations and plans. 74 2501 LOWRY–MINOR SUBDIVISION RECOMMENDED CONDITIONS OF APPROVAL Minor Subdivision –Conditions of Approval a.County acceptance of the descriptions for recording, as submitted. b.Continued cooperation with the City related to any final review of utility needs and impacts serving the proposed uses. c.Comments related to access and right of way from Hennepin County and/or Minneapolis Park Board. 75 THIS PAGE LEFT INTENTIONALLY BLANK 76 CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 20-086 RESOLUTION APPROVING A REQUEST FOR A SUBDIVISION AND FOR 2501 LOWRY AVENUE NE, PID 07-029-23-23-0001 WHEREAS, the City of St. Anthony Village received a request from the joint applicants and property owners, including The Village LLC for a Minor Subdivision of PID 07-029-23-23-0001; and WHEREAS, the subject property is located within the City’s R-1 Single Family District; and WHEREAS, the Subdivision will create 2 parcels, or “Tracts” upon subdivision approval and recording; and WHEREAS, Tract A will consist of 11.1 acres, including the Urban Grove Manufactured Home park; and WHEREAS, Tract B will consist of 4.28 acres, and be eligible for separate use and development; and WHEREAS, said subdivision will have no affect on zoning compliance of either property; and WHEREAS, said subdivision will have no affect on public services to either property or the neighborhood in general; and WHEREAS, the subdivision will make the provide for further use of both subject parcels according to zoning and land use planning applicable to the property; and WHEREAS, the requirements of the Subdivision Ordinance of the City of St. Anthony Village are met through this “Minor Subdivision” process; and WHEREAS, the City Council makes the following finds of fact in support of the proposed subdivision: 1. The proposed parcels exceed both zoning requirements and the minimum thresholds for consideration of subdivision without platting. 2. The parcels created will accommodate the proposed land uses allowed on the property under existing and/or future plans. 3. Platting is not necessary for these two parcels, and the process for platting would create an unnecessary procedural requirement for a minor subdivision as proposed. 4. The minor subdivision does not interfere with the purposes of the Subdivision Ordinance, the Zoning Ordinance, or other applicable regulations and plans. NOW THEREFORE BE IT RESOLVED that the City Council’s hereby approves the requested subdivision and lot combination, subject to the following conditions: a. County acceptance of the descriptions for recording, as submitted. b. Continued cooperation with the City related to any final review of utility needs and impacts serving the proposed uses. c. Comments related to access and right of way from Hennepin County and/or Minneapolis Park Board. 77 Adopted this 24th day of November, 2020. _____________________________ Randy Stille, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Reviewed for administration: ______________________________ Charlie Yunker, Acting City Manager 78 TO: MAYOR AND COUNCIL MEMBERS FROM: SHELLY RUECKERT, FINANCE DIRECTOR SUBJECT: 2021 UTILITY RATES DATE: OCTOBER 22, 2020 The utility rates recommended herein for 2021 builds on the multi-year approach towards rate adjustments that began in 2012. The parameters used for adjusting rates are as follows:  Align revenue sources with corresponding costs  Provide transparency as to the basis of rates and rate adjustments  Maintain a structural balanced operation  Ensure that rates appropriately support the ability to: o Provide safe drinking water o Properly discharge sanitary sewer flows o Appropriately control and treat stormwater runoff Water Rates: As part of the annual rate adjustment process the water production and distribution costs are categorized as fixed in nature or usage driven. The 2021 budgeted water costs are comprised of $739,182 in fixed costs and $928,066 in usage driven costs, see table A summary below: OPERATING DEPRECIATION OVERALL FIXED 487,088 42% 252,094 50% 739,182 44% USAGE 674,794 58% 253,272 50% 928,066 56% 1,161,883 100% 505,366 100% 1,667,249 100% 79 The Multiyear approach to water rates includes the phase in of the flat fee which began in 2016. The transition process expected the usage rate growth to decelerate as flat fee was phased-in. Based on estimated actual results for 2020 and updated 2021 budgeted costs the proposed rates for 2021 are reflected below. Proposed 2021 water rates: 2020 2021 Per 1000 gallons Rates Rates $ Increase Water Tier I 3.07 3.13 .06 Water Tier II 3.24 3.30 .06 Water Tier III 3.55 3.63 .08 Water Tier IV 4.08 4.16 .08 Water Tier V 5.12 5.22 .10 Irrigation 4.08 4.16 .08 Quarterly flat fee 13.40 17.75 4.35 The above rates are projected to produce $1,178,842 in revenues assuming water consumption similar to 2020. At this level of revenues the operating income before depreciation is budgeted to be $17,609. The water budget is attached as Exhibit A. The recommendation’s impact on 2021 quarterly Water bills are reflected below: 2021 Tier Rates 3.13 3.13 3.30 3.63 4.16 5.22 2021 Usage levels 4,600 7,500 15,000 22,500 30,000 37,500 Fixed Fee 17.75 17.75 17.75 17.75 17.75 17.75 Usage 14.40 23.48 48.24 75.43 106.63 145.79 2021 Billing 32.15 41.23 65.99 93.18 124.38 163.54 2020 Billing 27.52 36.42 60.70 87.35 117.94 156.33 DIFFERENCE 4.63 4.81 5.30 5.83 6.44 7.21 80 Sewer Rates: As part of the annual rate adjustment process the sewer treatment and collection system costs are categorized as fixed in nature or flow volume driven. The 2021 budgeted sewer costs are comprised of $511,933 in fixed costs and $771,894 in flow volume driven costs (usage), see table B summary below: OPERATING DEPRECIATION OVERALL FIXED 436,237 37% 75,697 70% 511,933 40% USAGE 739,453 63% 32,441 30% 771,894 60% 1,175,690 100% 108,138 100% 1,283,828 100% The Multiyear approach to sewer rates also includes the phase in of the flat fee. As part of the transition process the usage rate growth was expected to decelerate as flat fee was phased-in. Based on estimated actual results for 2020 and updated 2021 budgeted costs that expectation is reflected in the proposed rates for 2021. Proposed 2020 Sewer rates are below: 2020 2021 ($ Decrease) Per 1000 gallons Rates Rates $ Increase Sewer Usage rate 4.64 4.64 - Qtr. Collection system charge 12.80 15.25 2.45 The above rates are projected to produce $1,270,083 in revenues in 2021. At this level of revenues the operating income before depreciation is budgeted to be $94,393. The sewer budget is attached as Exhibit B. The recommendation’s impact on 2021 quarterly Sewer bills is reflected below: 2021 Sewer Rate 4.64 4.64 4.64 4.64 4.64 4.64 2021 Usage levels 4,600 7,500 15,000 22,500 30,000 37,500 Fixed Fee 15.25 15.25 15.25 15.25 15.25 15.25 Usage 21.34 34.80 69.60 104.40 139.20 174.00 2021 Billing 36.59 50.05 84.85 119.65 154.45 189.25 2020 Billing 34.14 47.60 82.40 117.20 152.00 186.81 DIFFERENCE 2.45 2.45 2.45 2.45 2.45 2.45 81 Stormwater rates: The multi-year approach to Stormwater rates in place since 2012 called for an annual increase for single family residential (classifications 2 & 3) of thirty-five cent ($.35) increase. This represents a 2.12% increase in rate and should generate $4,200 in additional revenues (assuming no new construction). The 2.12% rate increase will be applied to all levels of stormwater charges. The historical impact on a residential single family user is as follows: The rate increase for other land use categories is consistent with the increase in single family residential (classifications 2 & 3) as see below: Quarterly Bill Usage Rate % Change 2011 $13.00 - - 2012 $13.35 $0.35 2.69 2013 $13.70 $0.35 2.62 2014 $14.05 $0.35 2.55 2015 $14.40 $0.35 2.49 2016 $14.75 $0.35 2.43 2017 $15.10 $0.35 2.32 2018 $15.45 $0.35 2.27 2019 $15.80 $0.35 2.22 2020 $16.15 $0.35 2.17 2021 $16.50 $0.35 2.12 Classification-Land Use Proposed 2021 Charge 2020 Charge % Change 1-Cemeteries, parks, golf courses, railroads, vacant land $68.35 per acre $66.94 per acre 2.12% 2- R-1, R-1a, and R-2 residential $65.87 per unit $64.60 per unit 2.12% 3- R-3 residential $65.87 per unit $64.60 per unit 2.12% 4- Schools and institutional uses $157.33 per acre $154.14 per acre 2.12% 5- R-4 Residential , churches and manufactured home parks $200.67 per acre $196.60 per acre 2.12% 6- Commercial and industrial $250.69 per acre $245.60 per acre 2.12% 82 The overall annual impact of the recommended rates for a residential customer at each of the five tier levels is below: The Water/Sewer Utility fund summary budget is attached as Exhibit C. Lastly a long range Utility revenues plan is attached as Exhibit D. The plan addressed a strategic plan goal to develop long term revenue planning. The rates are being managed to begin supporting capital needs of the water and sewer operations. The current plan projects that support to begin in 2022 with a transfer to Utilities Infrastructure fund. The plan includes assumptions regarding future City costs and MCES treatment costs. It also factors in the retirement of water /sewer bonds occurring in 2024. A minimum cash balance was established to recognize that the quarterly billing and collection process is recovering 90-120 days of prior cash outlays. No growth in accounts or usage was factored in the projection. Real growth will be noted annually through the process of updating the base year results. With these factors in place the phase-in of the flat fee and usage rate adjustments were determined. Staff believes the model will help guide year to year rate increases while being flexible enough to keep the annual increases reasonable for utility customers. As always your comments and suggestions are welcomed. Tier Level 1st -7,500 2nd -15,000 3rd -22,000 4th -30,000 5th- 37,500 Distribution (1st Qrt. 2019) 32% 49% 15% 3% 1% 2021 Proposed 107.78 167.34 229.33 295.33 369.29 2020 Actual 100.17 159.25 220.70 286.09 359.29 Quarterly Increase 7.61 8.10 8.63 9.24 10.00 Annual Increase 30.44 32.38 34.52 36.96 39.99 83 Fiscal Year 2021 12/31/2018 ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET % Change EXHIBIT A 2016 2017 2018 2019 2020 2020 2021 in Budget OPERATING INCOME 701-3710-0-0-00 WATER BILLINGS 911,902$ 938,997$ 978,966$ $988,887 $1,088,000 $1,087,693 $1,172,342 9.99% Includes the 2021 phase in of flat rate increase along with 2% increase in usage rates 701-3715-0-0-00 WATER ON/OFF FEES 525 915 180 45 550 550 500 0.00% No change in rate 701-3717-0-0-00 PENALTIES WATER 5,500 5,876 5,876 8,400 6,000 3,000 6,000 -9.22% No change in rate TOTAL 917,927$ 945,788$ 985,022$ $997,332 $1,094,550 $1,091,243 $1,178,842 9.85% DISTRIBUTION OPERATING EXPENDITURES 701-4110-80-0000 WT REGULAR EMPLOYEE 298,315$ 317,302$ 324,816$ 338,881$ 343,643$ 340,850 354,121 3.05% INCLUDES ESTIMATED 2021 WAGE ADJUSTMENTS / STAFF TURNOVER FROM 2020 701-4111-80-0000 WT OVERTIME EMPLOYEE 16,381 21,329 25,579 31,252 26,910 24,662 28,361 5.39% FROM DEPT SUMMARIES OT 701-4121-80-0000 WT PERA 23,433 23,892 25,585 26,438 27,791 26,699 28,686 3.22% BASED ON PERA FUNDING RATE 7.5% 701-4122-80-0000 WT FICA/MEDICARE 23,637 24,164 25,238 27,033 28,347 27,233 29,260 3.22% BASED ON ER 7.65% OF GROSS 701-4131-80-0000 WT INSURANCE HEALTH 58,664 51,904 53,462 56,141 55,553 56,538 61,883 11.39% SPLIT 9.4% PREMUIM INCREASE IN 2021 701-4135-80-0000 WT INSURANCE WC 11,559 9,895 9,265 9,175 9,128 9,685 13,264 45.31% BASED ON 2019/2020 RENEWAL 701-4211-80-0000 WT OFFICE SUPPLIES 721 585 633 1,020 750 725 800 6.67% 2021 PROJECTED RUN RATE 701-4212-80-0000 WT MOTOR FUELS 4,152 4,557 6,015 5,762 6,756 5,305 6,532 -3.32% 2020 contracted cost per gal $2.13 / 2021 projection $2.28 / 3yr avg usage 701-4221-80-0000 WT SUPPLIES-EQUIPMENT 762 118 837 538 575 836 625 8.70% 2021 PROJECTED RUN RATE 701-4226-80-0000 WT GENERAL SUPPLIES 4,253 3,396 5,649 12,081 9,500 8,865 11,500 21.05% More meter radios battery @ end of life 701-4300-80-0000 WT AUDITOR 7,350 8,324 7,443 7,476 7,601 7,076 8,072 6.20% BASED ON AUDITOR CONTRACT 701-4309-80-0000 WT IT & SFTW SUPPORT 21,693 20,640 22,801 22,990 27,615 32,136 32,700 18.41% BASED ON CONTRACTED IT /SW SPREADSHEET (SPLIT W/701-4308-85) 701-4310-80-0000 WT MISC CONTRACTED SERVICES 326 4,307 2,194 3,871 4,416 2,712 3,328 -24.64% BASED ON Misc CONTRACTED SERVIES spreadsheet 701-4310-80-0100 WT METER READING FEES 7,500 10,232 7,970 8,217 8,470 8,470 8,724 3.00% Sensus fees /estimated annual billing 701-4325-80-0000 WT COMMUNICATIONS 10,391 9,255 10,275 9,860 10,200 10,280 10,800 5.88% BASED ON COMMUNICATION SPREADSHEET 701-4337-80-0000 WT MAIN REPAIRS & MAINTENANCE 1,104 5,548 4,638 19,884 11,730 11,795 13,500 15.09% Budgeted for 1 major main break annually 701-4339-80-0000 WT EQUIP REPAIRS & MAINTENANCE 5,039 4,752 3,789 6,727 3,500 4,021 4,250 21.43% MAJORITY MOVED PRODUCTION COSTS IN 2016 701-4340-80-0000 WT BLDG REPAIRS & MAINTENANCE - - 38 117 - - - 0.00% MOVED PRODUCTION COSTS 701-4341-80-0000 WT TRAINING, CONF. & MTG.1,295 1,002 1,113 923 650 650 1,100 69.23% 2021 PROJECTED RUN RATE 701-4341-80-0100 WT TUITION- CERTIFICATIONS 371 414 326 438 450 450 400 -11.11% 2021 PROJECTED RUN RATE 701-4342-80-0000 WT MEMBERSHIPS & DUES 491 - - - 510 510 525 2.94% 2021 PROJECTED RUN RATE 701-4350-80-0000 WT PRINTING AND POSTAGE 1,681 3,840 2,476 2,738 4,422 3,672 4,400 -0.49% 2021 PROJECTED RUN RATE 701-4381-80-0000 WT ELECTRIC AND GAS UTILITIES 86,619 11,519 15,457 9,717 12,881 6,300 6,552 -49.13% MAJORITY MOVED PRODUCTION COSTS IN 2016 TOTAL 600,246$ 536,974$ 559,170$ 602,437$ 601,399$ 589,471 629,383 1.28% WATER OPERATIONS 84 Fiscal Year 2021 12/31/2018 ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET % Change EXHIBIT A 2016 2017 2018 2019 2020 2020 2021 in Budget WATER OPERATIONS PRODUCTION OPERATING EXPENDITURES 701-4110-85-0000 REGULAR EMPLOYEE 56,678 58,161 60,139 62,559 66,075 64,411 66,806 1.11% INCLUDES ESTIMATED 2021 WAGE ADJUSTMENTS 701-4111-85-0000 OVERTIME EMPLOYEE 712 1,024 367 936 1,050 1,800 1,500 42.86% FROM DEPT SUMMARIES OT 701-4121-85-0000 PERA 4,768 4,900 5,078 5,458 5,034 4,966 5,123 1.76% BASED ON CURRENT PERA FUNDING RATE 7.5% 701-4122-85-0000 FICA/MEDICARE 4,875 4,973 5,156 5,589 5,135 5,065 5,225 1.76% BASED ON ER 7.65% OF GROSS 701-4131-85-0000 INSURANCE HEALTH 9,235 10,126 11,036 10,339 11,000 12,828 14,020 27.45% SPLIT 9.4% PREMUIM INCREASE IN 2021 701-4135-85-0000 WTR FILT INSURANCE WC 4,328 3,776 3,587 3,505 3,533 3,749 5,128 45.15% BASED ON 2019/2020 RENEWAL 701-4221-85-0000 SUPPLIES- EQUIPMENT 3,146 396 772 644 1,301 855 925 -28.87% 2021 PROJECTED RUN RATE 701-4226-85-0000 GENERAL SUPPLIES 52,187 55,746 55,429 46,794 56,500 51,750 56,500 0.00% VARIOUS TREATMENT CHEMICALS 701-4226-85-0001 CARBON SUPPLY USAGE - 2,654 35,240 33,523 32,500 35,000 35,000 7.69% AMORTIZATION COST FOR CARBON BASED ON # OF GALLONS TREATED 701-4226-85-0200 UV BULB SUPPLY USAGE - - 112,418 112,337 112,400 112,400 112,400 0.00% AMORTIZATION COST FOR BULBS ASSUMING 3 YEAR LIFE 701-4226-85-0003 PEROXIDE SUPPILES - 27,930 27,920 33,000 28,533 30,000 -9.09% PEROIXIDE / AOP PROCESS 701-4303-85-0000 ENGINEER EXPENSES 13,628 1,952 4,587 1,722 3,500 1,500 1,700 -51.43% 2021 PROJECTED RUN RATE 701-4308-85-0000 WATER QUALITY PROTECTION COSTS - 12,387 12,644 12,626 14,325 12,400 12,772 -10.84% WATER TESTING / LAB COSTS 701-4309-85-0000 CONTRACTED IT & SFTW SUPPORT 330 - 3,659 2,657 3,238 2,740 2,830 -12.59% MDM FEE and security monitoring 701-4310-85-0000 MISC CONTRACTED SERVICES 386 330 345 690 570 690 720 26.32% BASED ON CONTRACTED IT /SW SPREADSHEET 701-4325-85-0000 COMMUNICATIONS 149 2,143 2,694 2,596 2,550 2,325 2,405 -5.69% added patec previously in sewer budget 701-4339-85-0000 EQUIP REPAIRS & MAINTENANCE 11,748 14,140 28,468 8,962 14,500 12,950 13,500 -6.90% 2021 PROJECTED RUN RATE 701-4340-85-0000 BLDG REPAIRS & MAINTENANCE 9,554 5,724 2,656 1,502 2,805 1,450 2,250 -19.79% 2021 PROJECTED RUN RATE 701-4365-85-0000 INSURANCE PROPERTY / LIABILITY - 14,067 16,552 19,498 19,160 17,297 16,750 -12.58% BASED ON 2020/2021 RENEWAL 701-4381-85-0000 ELECTRIC AND GAS UTILITIES 15,527 112,035 129,272 129,626 135,813 140,668 146,295 7.72% 2021 PROJECTED RUN RATE TOTAL 187,251 304,534 518,027 489,484 523,988 513,377 531,849 1.50% OPERATING INCOME (LOSS)130,430$ 104,281$ (92,175)$ (94,590)$ (30,837)$ (11,606)$ 17,609$ OTHER (INCOME) / EXPENSE 701-3891-0-0-00 WT MISCELLANEOUS INCOME (2,495) (12,559) (4,350) (7,460) (550) (550) (550) 701-3620-0-1-00 WT INTEREST INCOME (23,907) (16,714) (24,620) (28,476) (23,000) (12,000) (7,500) 701-3713-0-0-00 WT WATER CONNECTION FEES (7,650) (23,850) (25,700) (1,750) (34,000) (1,750) (34,000) 701-3910-0-0-00 WT SALE OF ASSETS (1,170) - - - - - - 701-4335-80-0000 WT BKUP RESTORATION COSTS - - - - - - - 701-4499-80-0000 WT MISCELLANEOUS EXPENSE 172 1,572 1,362 650 650 650 650 TOTAL (35,050)$ (51,551)$ (53,309)$ (37,036)$ (56,900)$ (13,650)$ (41,400)$ OPERATING INCOME BEFORE DEPRECIATION 165,480$ 155,832$ (38,866)$ (57,554)$ 26,063$ 2,044$ 59,009$ 85 Fiscal Year 2021 12/31/2018 ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET % Change EXHIBIT B 2016 2017 2018 2019 2020 2020 2021 in Budget OPERATING INCOME 701-3720-0-0-00 SEWER BILLINGS 1,005,329$ 1,098,938$ 1,136,667$ 1,212,400$ 1,249,355$ 1,221,468$ 1,270,083$ 3.29% Includes the 2021 phase in of flat rate increase TOTAL 1,005,329$ 1,098,938$ 1,136,667$ 1,212,400$ 1,249,355$ 1,221,468$ 1,270,083$ OPERATING EXPENDITURES 701-4110-75-0000 SS REGULAR EMPLOYEE 203,152$ 218,382$ 219,484$ 226,547$ 227,425$ 230,028$ 236,114$ 3.82% INCLUDES ESTIMATED 2021 WAGE ADJUSTMENTS 701-4111-75-0000 SS OVERTIME EMPLOYEE 15,398 18,028 23,832 24,129 25,098 21,854 25,600 2.00% FROM DEPT SUMMARIES OT 701-4121-75-0000 SS PERA 15,730 16,431 17,096 17,473 18,939 18,177 19,629 3.64% BASED ON PERA FUNDING RATE 7.5% 701-4122-75-0000 SS FICA/MEDICARE 15,791 16,437 16,197 17,375 19,318 18,541 20,021 3.64% BASED ON ER 7.65% OF GROSS 701-4131-75-0000 SS INSURANCE HEALTH 42,862 41,725 42,222 44,277 42,919 43,905 48,358 12.67% SPLIT 9.4% PREMUIM INCREASE IN 2021 701-4135-75-0000 SS INSURANCE WC 5,314 4,685 4,483 4,546 4,417 4,686 6,409 45.10% BASED ON 2020/2021 RENEWAL 701-4211-75-0000 SS OFFICE SUPPLIES - - - 100 150 150 150 0.00% 2021 PROJECTED RUN RATE 701-4212-75-0000 SS MOTOR FUELS 6,221 6,825 8,945 8,607 8,860 7,960 9,798 10.59% 2021 PROJECTED RUN RATE 701-4226-75-0000 SS GENERAL SUPPLIES 3,128 (120) 1,282 1,042 1,275 1,270 1,350 5.88% 2021 PROJECTED RUN RATE 701-4300-75-0000 SS AUDITOR 5,880 6,785 7,443 7,476 7,601 7,076 8,072 6.20% BASED ON AUDITOR CONTRACT 701-4309-75-0000 SS IT & SFTW SUPPORT 8,148 12,205 13,612 15,284 16,820 19,601 21,030 25.03% BASED ON CONTRACTED IT /SW SPREADSHEET 701-4310-75-0000 SS MISC CONTRACTED SERVICES 331 273 1,704 2,501 3,350 3,386 3,642 8.72% BASED ON MISC CONTRACTED SERVICES SPREADSHEET 701-4325-75-0000 SS COMMUNICATIONS 3,964 3,136 3,263 3,267 3,780 3,600 3,880 2.65% BASED ON COMMUNICATION SPREADSHEET 701-4335-75-0000 SS BKUP RESTORATION COSTS - - 5,123 - 10,000 10,000 10,000 0.00% Assumes the cost of one full deductable 701-4339-75-0000 SS EQUIP REPAIRS & MAINTENANCE 2,487 17,438 35,085 4,690 13,770 9,011 9,500 -31.01% 2021 PROJECTED RUN RATE 701-4341-75-0000 SS TRAINING, CONF. & MTG.934 205 - - 1,122 1,150 1,250 11.41% 2021 PROJECTED RUN RATE 701-4341-75-0100 SS TUITION- CERTIFICATIONS - - 1,170 904 587 600 600 2.30% 2021 PROJECTED RUN RATE 701-4342-75-0000 SS MEMBERSHIP & DUES - 238 1,131 - 950 1,182 1,250 31.58% 2021 PROJECTED RUN RATE 701-4350-75-0000 SS PRINTING AND POSTAGE 1,681 4,303 2,476 3,488 3,250 3,672 4,400 35.38% 2021 PROJECTED RUN RATE 701-4365-75-0000 SS INSURANCE PROPERTY/ LIABILITY 13,100 9,352 11,686 10,414 9,981 13,215 15,900 59.30% BASED ON 2020/2021 RENEWAL 701-4375-75-0000 SS MCES WASTE TREATMENT CHARGE 576,237 643,390 708,567 733,670 712,664 712,664 719,437 0.95% MCES amount for 2020, 3.6% rate increase, lower flow volume 701-4381-75-0000 SS ELECTRIC AND GAS UTILITIES 10,301 9,654 8,609 8,719 10,083 8,813 9,300 -7.77% 2021 PROJECTED RUN RATE TOTAL 930,659$ 1,029,372$ 1,133,409$ 1,134,511$ 1,142,359$ 1,140,540$ 1,175,690$ 2.92% OPERATING INCOME (LOSS)74,670$ 69,566$ 3,258$ 77,889$ 106,996$ 80,928$ 94,393$ OTHER (INCOME) / EXPENSE 701-3723-0-0-00 SEWER CONNECTION FEES (7,650)$ (23,800)$ (22,100)$ (1,700)$ (34,000)$ (1,750)$ (34,000)$ 701-3891-0-0-00 SS MISCELLANEOUS INCOME (6,305) (12,559) (650) (650) (650)(650)(650) 701-3910-0-0-00 SS SALE OF ASSETS (180)0 701-4499-75-0000 SS MISCELLANEOUS EXPENSE 90 170 100 100 100 100 100 TOTAL (14,045)$ (36,189)$ (22,650)$ (2,250)$ (34,550)$ (2,300)$ (34,550)$ NET INCOME (LOSS) BEFORE DEPRECIATION 88,715$ 105,754$ 25,908$ 80,139$ 141,546$ 83,228$ 128,943$ SEWER OPERATIONS 86 Fiscal Year 2021 ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET REVENUES 2016 2017 2018 2019 2020 2020 2021 Water Operations 917,927$ 945,788$ 985,022$ 997,332$ 1,094,550$ $1,091,243 $1,178,842 Sewer Operations 1,005,329 1,098,938 1,136,667 1,212,400 1,249,355 1,221,468 1,270,083 Total Operating Revenues 1,923,256$ 2,044,726$ 2,121,689$ 2,209,732$ 2,343,905$ 2,312,711$ 2,448,925$ EXPENDITURES Water Operations 787,497$ 841,508$ 1,077,197$ 1,091,922$ 1,125,387$ $1,102,848 $1,161,233 Sewer Operations 930,659 1,029,372 1,133,409 1,134,511 1,142,359 1,140,540 1,175,690 Total Operating Expenditures 1,718,156$ 1,870,880$ 2,210,606$ 2,226,432$ 2,267,746$ 2,243,388$ 2,336,923$ Combined Operating Income 205,100$ 173,846$ (88,918)$ (16,700)$ 76,159$ 69,323$ 112,003$ Other (Income)/Expense Water (11,143)$ (34,837)$ (28,689)$ (12,036)$ (33,900)$ (1,650)$ (33,900)$ Sewer (14,045)(36,189)(22,650)(2,250)(34,550)(2,300) (34,550) Interest Income (23,907) (16,714) (24,620) (25,000) (23,000) (12,000) (7,500) Depreciation Expense 332,399 352,399 371,766 611,728 631,728 631,728 656,728 Total Other (Income)/Expense 283,304 264,659 295,808 572,442 540,278 615,778 580,778 Net Income/(Loss) (78,204)$ (90,813)$ (384,725)$ (589,142)$ (464,119)$ (546,455)$ (468,775)$ Other Sources and Uses: Transfers Out (225,000)$ -$ -$ -$ -$ -$ -$ Transfers In 1,632,862 - - - - - - Debt Service Payments (138,150) (145,750) (148,200) (145,600) (147,950) (147,950) ($150,200) Net Change in Assets / Liabilities 49,451 (30,728) 49,417 (18,684) - - - Proceeds Bonding/Army 130,932 - - - - - - Add back Depreciation Expense 332,399 352,399 371,766 611,728 631,728 631,728 656,728 Total Other Sources and Uses 1,782,494 175,921 272,983 447,444 483,778 483,778 506,528 Net increase (decrease) in cash 1,704,290$ 85,108$ (111,741)$ (141,698)$ 19,659$ (62,677)$ 37,753$ BEGINNING CASH BALANCE 126,017 1,830,307 1,915,415 1,803,675 1,661,977 1,661,977 1,599,301$ ENDING CASH BALANCE 1,830,307$ 1,915,415$ 1,803,675$ 1,661,977$ 1,681,637$ 1,599,301$ 1,637,055$ UTILITY FUND SUMMARY EXHIBIT C 87 Water and Sewer 10 year operating projection Fiscal Year 2020 Assumptions 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Water Rates Flat Fee N/A N/A 3.35$ 6.70$ 10.05$ 13.40$ 17.75$ 21.10$ 23.45$ 24.62$ 25.85$ 27.15$ 28.50$ 29.93$ 31.43$ 33.00$ 34.65$ Usage (Tier one)3.10$ 3.10$ 3.07$ 3.07$ 3.07$ 3.13$ 3.13$ 3.13$ 3.22 3.32 3.42 3.52 3.63 3.74 3.85 3.96 Sewer Rates Flat Fee N/A 3.20$ 6.40$ 9.64$ 12.80$ 15.25$ 18.45$ 21.65$ 22.52$ 22.97 23.43 23.89 24.37 24.86 25.36 25.86 Usage 4.62$ 4.69$ 4.69$ 4.64$ 4.64$ 4.64$ 4.64$ 4.64$ 4.90 5.16 5.45 5.75 6.06 6.40 6.75 Expenses Met Council - $ Actual 593,381 576,237 643,390 708,567 733,670 712,664 719,437 4.50%4.50%5.00%5.50%5.50%5.50%5.50%5.50%5.50%5.50% Met Council - % Increase -4.57%-2.89%11.65%10.13%3.54%-2.86%0.95%NA NA NA NA NA NA NA NA NA NA City Water Expenses - % Increase EST ACTUAL 4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00%4.00% City Sewer Expenses - % Increase EST ACTUAL 3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50%3.50% Actual Actual Actual Actual Actual Est. Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected REVENUES 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Water Operations 897,232$ 917,927 945,788 985,022 997,332 1,071,180 1,178,842 1,256,127 1,323,099 1,372,370 1,423,607 1,476,895 1,532,321 1,589,975 1,649,952 1,712,353 1,777,281 Sewer Operations 947,618 1,005,329 1,098,938 1,136,667 1,212,400 1,223,073 1,270,083 1,352,243 1,437,115 1,591,238 1,667,204 1,746,957 1,830,691 1,918,610 2,010,931 2,107,880 2,131,955 Total Operating Revenues 1,844,850$ 1,923,256$ 2,044,726$ 2,121,689$ 2,209,732$ 2,294,253$ 2,448,925$ 2,608,370$ 2,760,213$ 2,963,607$ 3,090,811$ 3,223,852$ 3,363,011$ 3,508,585$ 3,660,883$ 3,820,233$ 3,909,236$ EXPENDITURES Water Operations 618,069$ 787,497 841,508 1,077,197 1,091,922 1,102,848 1,161,233 1,207,682 1,255,989 1,306,229 1,358,478 1,412,817 1,469,330 1,528,103 1,589,227 1,652,796 1,718,908 Sewer Operations 963,621 930,659 1,029,372 1,133,409 1,134,511 1,140,540 1,175,690 1,231,228 1,289,501 1,350,649 1,414,817 1,482,161 1,552,842 1,627,031 1,704,908 1,786,662 1,872,492 Total Operating Expenditures 1,581,690 1,718,156 1,870,880 2,210,606 2,226,432 2,243,388 2,336,923 2,438,910 2,545,490 2,656,877 2,773,295 2,894,978 3,022,172 3,155,134 3,294,135 3,439,458 3,591,400 Combined Operating Income 263,160$ 205,100$ 173,846$ (88,917)$ (16,700)$ 50,865$ 112,003$ 169,460$ 214,723$ 306,730$ 317,516$ 328,874$ 340,840$ 353,451$ 366,748$ 380,775$ 317,836$ Other (Income)/Expense Water (1,938) (11,143) (40,051) (28,689) (12,036) (1,650) (33,900) (33,850) (2,550) (2,500) (2,450) (2,400) (2,350) (2,300) (2,250) (2,200) (2,150) Sewer (21,139) (14,045) (36,189) (22,650) (2,250) (2,300) (34,550) (34,500) (34,450) (2,600) (2,550) (2,500) (2,450) (2,400) (2,350) (2,300) (2,250) Interest income (499) (23,907) (11,500) (24,620) (25,000) (12,000) (7,500) (10,563) (11,749) (13,080) (18,335) (21,085) (23,629) (25,955) (28,350) (33,000) (35,000) Depreciation Expense 308,955 332,399 352,399 371,766 611,728 631,728 656,728 681,728 706,728 731,728 756,728 781,728 806,728 831,728 856,728 881,728 906,728 Total Other (Income)/Expense 285,380 283,304 264,659 295,807 572,442 615,778 580,778 602,815 657,979 713,548 733,393 755,743 778,299 801,073 776,073 751,073 726,073 Net Income/(Loss) (22,220)$ (78,204)$ (90,813)$ (384,724)$ (589,142)$ (564,913)$ (468,775)$ (433,355)$ (443,256)$ (406,818)$ (415,877)$ (426,869)$ (437,459)$ (447,622)$ (409,325)$ (370,298)$ (408,237)$ Other Sources and Uses: Transfers- in - 1,632,862 - - - - - - - - - - - - - - - Transfers Out CIP (15,000) (225,000) - - - - - - - - - - - - - - - Transfers Out - W/S Infrastructure - - - - - - - (25,000) (50,000) (175,000) (210,000) (255,000) (300,000) (345,000) (390,000) (435,000) (480,000) Army Reimbursements - 130,932 - - - - - - - - - - - - - - - Debt Service Payments (140,450) (138,150) (145,750) (148,200) (145,600) (147,950) (150,200) (147,400) (149,550) (156,550) - - - - - - - Net Change in Assets / Liabilities (46,105) 49,451 (30,728) 49,417 (18,684) - (150,000) - - (150,000) - - (200,000) - (200,000) - Add back Depreciation Expense 308,955 332,399 352,399 371,766 611,728 631,728 656,728 681,728 706,728 731,728 756,728 781,728 806,728 831,728 856,728 881,728 906,728 Total Other Sources and Uses 107,400 1,782,494 175,921 272,983 447,444 483,778 356,528 509,328 507,178 250,178 546,728 526,728 306,728 486,728 466,728 246,728 426,728 Net increase (decrease) in cash 85,180$ 1,704,290$ 85,108$ (111,740)$ (141,698)$ (81,135)$ (112,247)$ 75,973$ 63,922$ (156,640)$ 130,851$ 99,859$ (130,731)$ 39,106$ 57,403$ (123,570)$ 18,491$ BEGINNING CASH BALANCE 40,837 126,017 1,830,307 1,915,415 1,803,675 1,661,977 1,580,842 1,468,595 1,544,568 1,608,491 1,451,851 1,582,702 1,682,562 1,551,830 1,590,936 1,648,339 1,524,768 ENDING CASH BALANCE 126,017$ 1,830,307$ 1,915,415$ 1,803,675$ 1,661,977$ 1,580,842$ 1,468,595$ 1,544,568$ 1,608,491$ 1,451,851$ 1,582,702$ 1,682,562$ 1,551,830$ 1,590,936$ 1,648,339$ 1,524,768$ 1,543,259$ MINIMUM CASH BALANCE 755,400 779,235 827,325 855,430 882,177 912,701 966,508 1,016,857 1,069,621 1,144,419 1,030,270 1,074,617 1,121,004 1,169,528 1,220,294 1,146,486 1,197,133 EXHIBIT D 88 Fiscal Year 2021 ACTUAL BUDGET EST. ACTUAL BUDGET 2019 2020 2020 2021 PW Usage %Fixed %AD Usage %Fixed %TOTAL DISTRIBUTION EXPENSES 701-4110-80-0000 WT REGULAR EMPLOYEE 338,881$ 343,643$ 340,850$ 354,121$ 241,031 72,309 30%168,722 70%113,090 11,309 10%101,781 90%354,121 701-4111-80-0000 WT OVERTIME EMPLOYEE 31,252 26,910 24,662 28,361 19,304 5,791 30%13,513 70%9,057 906 10%8,152 90%28,361 701-4115-80-0000 WT POST BENEFIT PAYOUT 1,158 - - - - - - - - - - - - - - 701-4121-80-0000 WT PERA 26,438 27,791 26,699 28,686 19,525 5,858 30%13,668 70%9,161 916 10%8,245 90%28,686 701-4122-80-0000 WT FICA/MEDICARE 27,033 28,347 27,233 29,260 19,916 5,975 30%13,941 70%9,344 934 10%8,410 90%29,260 701-4131-80-0000 WT INSURANCE HEALTH 56,141 55,553 56,538 61,883 42,120 12,636 30%29,484 70%19,763 1,976 10%17,786 90%61,883 701-4135-80-0000 WT INSURANCE WC 9,175 9,128 9,685 13,264 13,264 3,979 30%9,285 70%- - - - - 13,264 701-4211-80-0000 WT OFFICE SUPPLIES 1,020 750 725 800 - - - - - 800 80 10%720 90%800 701-4212-80-0000 WT MOTOR FUELS 5,762 6,756 5,305 6,532 6,532 1,960 30%4,572 70%- - - - - 6,532 701-4221-80-0000 WT SUPPLIES-EQUIPMENT 538 575 836 625 625 188 30%438 70%- - - - - 625 701-4226-80-0000 WT GENERAL SUPPLIES 12,081 9,500 8,865 11,500 11,500 3,450 30%8,050 70%- - - - - 11,500 701-4300-80-0000 WT AUDITOR 7,476 7,601 7,076 8,072 - - - - - 8,072 807 10%7,265 90%8,072 701-4309-80-0000 WT IT & SFTW SUPPORT 22,990 27,615 32,136 32,700 18,564 1,856 10%16,708 90%14,136 1,414 10%12,722 90%32,700 701-4310-80-0000 WT MISC CONTRACTED SERVICES 3,871 4,416 2,712 3,328 3,328 333 10%2,995 90%- - - - - 3,328 701-4310-80-0100 WT METER READING FEES 8,217 8,470 8,470 8,724 8,724 - - 8,724 100%- - - - - 8,724 701-4325-80-0000 WT COMMUNICATIONS 9,860 10,200 10,280 10,800 10,800 7,613 70%3,187 30%- - - - - 10,800 701-4337-80-0000 WT MAIN REPAIRS & MAINTENANCE 19,884 11,730 11,795 13,500 13,500 4,050 30%9,450 70%- - - - - 13,500 701-4339-80-0000 WT EQUIP REPAIRS & MAINTENANCE 6,727 3,500 4,021 4,250 4,250 1,275 30%2,975 70%- - - - - 4,250 701-4340-80-0000 WT BLDG REPAIRS & MAINTENANCE 117 - - - - - 30%- 70%- - - - - - 701-4341-80-0000 WT TRAINING, CONF. & MTG.923 650 650 1,100 1,100 - - 1,100 100%- - - - - 1,100 701-4341-80-0100 WT TUITION- CERTIFICATIONS 438 450 450 400 400 - - 400 100%- - - - - 400 701-4342-80-0000 WT MEMBERSHIPS & DUES - 510 510 525 525 - - 525 100%- - - - - 525 701-4350-80-0000 WT PRINTING AND POSTAGE 2,738 4,422 3,672 4,400 - - - - - 4,400 220 5%4,180 95%4,400 701-4365-80-0000 WT INSURANCE PROPERTY / LIABILILITY - - - - - - - - - - - - - - - 701-4381-80-0000 WT ELECTRIC AND GAS UTILITIES 9,717 12,881 6,300 6,552 6,552 1,966 30%4,586 70%- - - - - 6,552 701-4499-80-0000 WT MISCELLANEOUS EXPENSE - 650 650 650 650 195 30%455 70%- - - - - 650 TOTAL DISTRIBUTION 602,437$ 602,049$ 590,121$ 630,033$ 442,210$ 129,433$ 29%312,777$ 71%187,823$ 18,562$ 10%169,261$ 90%630,033 WATER EXPENSES PW ADMINISTRATIVE COSTS 89 Fiscal Year 2021 ACTUAL BUDGET EST. ACTUAL BUDGET 2019 2020 2020 2021 PW Usage %Fixed %AD Usage %Fixed %TOTAL WATER EXPENSES PW ADMINISTRATIVE COSTS PRODUCTION EXPENSES 701-4110-85-0000 REGULAR EMPLOYEE 61,799 66,075 64,411 66,806 66,806 66,806 100%- 0%66,806 701-4111-85-0000 OVERTIME EMPLOYEE 950 1,050 1,800 1,500 1,500 1,500 100%- 0%1,500 701-4121-85-0000 PERA 4,706 5,034 4,966 5,123 5,123 5,123 100%- 0%5,123 701-4122-85-0000 FICA/MEDICARE 4,800 5,135 5,065 5,225 5,225 5,225 100%- 0%5,225 701-4131-85-0000 INSURANCE HEALTH 10,337 11,000 12,828 14,020 14,020 14,020 100%- 0%14,020 701-4135-85-0000 WTR FILT INSURANCE WC 3,749 3,533 3,749 5,128 5,128 5,128 100%- 0%5,128 701-4221-85-0000 SUPPLIES- EQUIPMENT 1,275 1,301 855 925 925 925 100%- 0%925 701-4226-85-0000 CHEMICAL SUPPLIES 46,800 56,500 51,750 56,500 56,500 56,500 100%- 0%56,500 701-4226-85-0001 CARBON SUPPLY USAGE 33,500 32,500 35,000 35,000 35,000 35,000 100%- 0%35,000 701-4226-85-0200 UV BULB SUPPLY USAGE 112,400 112,400 112,400 112,400 112,400 112,400 100%- 0%112,400 701-4226-85-0003 PEROXIDE SUPPILES 27,920 33,000 28,533 30,000 30,000 30,000 100%- 0%30,000 701-4303-85-0000 ENGINEER EXPENSES 3,200 3,500 1,500 1,700 1,700 - 0%1,700 100%1,700 701-4308-85-0000 WATER QUALITY PROTECTION COSTS 12,186 14,325 12,400 12,772 12,772 12,772 100%- 0%12,772 701-4309-85-0000 CONTRACTED IT & SFTW SUPPORT 3,174 3,238 2,740 2,830 2,830 2,830 100%- 0%2,830 701-4310-85-0000 MISC CONTRACTED SERVICES 690 570 690 720 720 720 100%- 0%720 701-4325-85-0000 COMMUNICATIONS 2,600 2,550 2,325 2,405 2,405 2,405 100%- 0%2,405 701-4339-85-0000 EQUIP REPAIRS & MAINTENANCE 8,962 14,500 12,950 13,500 13,500 13,500 100%- 0%13,500 701-4340-85-0000 BLDG REPAIRS & MAINTENANCE 2,750 2,805 1,450 2,250 2,250 2,250 100%- 0%2,250 701-4351-85-0000 PL NOTICES & PUBLICATIONS - - - - - - 100%0%- 701-4365-85-0000 INSURANCE PROPERTY / LIABILITY 20,023 19,160 17,297 16,750 16,750 13,400 80%3,350 20%16,750 701-4381-85-0000 ELECTRIC AND GAS UTILITIES 128,743 135,813 140,668 146,295 146,295 146,295 100%- 0%146,295 TOTAL PRODUCTION 490,565 523,988 513,377 531,849 531,849 526,799$ 99%5,050 1%- - - - 531,849 TOTAL OPERATING EXPENSES 1,093,002 1,126,037 1,103,498 1,161,883 974,059 656,232 71%317,827 35%187,823 18,562 2%169,261 18%1,161,883 531,849 DEPRECIATION EXPENSE WT DEPRECIATION TREATMENT PLANTS 145,232 145,232 145,232 145,232 145,232 145,232 100%- 0%145,232 WT DEPRECIATION MAINTENANCE EQUIP 76,358 76,358 76,358 76,358 76,358 22,907 30%53,451 70%76,358 WT DEPRECIATION WATERMAINS 283,776 283,777 283,778 283,776 283,776 85,133 30%198,643 70%283,776 TOTAL DEPRECIATION 505,366 505,367 505,368 505,366 505,366 253,272 50%252,094 50%- - - - 505,366 TOTAL OVERALL EXPENSES 1,598,368 1,631,404 1,608,866 1,667,249 1,479,425 909,504 77%569,921 48%187,823 18,562 2%169,261 14%1,667,249 FIXED 487,088 42%252,094 50%739,182 44%337,963.00$ 0.46$ USAGE 674,794 58%253,272 50%928,066 56%$827,828.00 0.89$ 1,161,883 100%505,366 100%1,667,249 100% NO ADMINISTRATIVE COSTS INCLUDED DEPRECIATION OPERATING OVERALL NO ADMINISTRATIVE COSTS INCLUDED 90 Fiscal Year 2021 ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET 2018 2019 2020 2020 2021 PW Usage %Fixed %AD Usage %Fixed %TOTAL COLLECTION SYSTEM EXPENSES 701-4110-75-0000 SS REGULAR EMPLOYEE 219,484$ 226,547$ 227,425$ 230,028$ 236,114$ 114,789 34,437 30%80,352 70%121,325 6,066 5%115,259 80%236,114 701-4111-75-0000 SS OVERTIME EMPLOYEE 23,832 24,129 25,098 21,854 25,600 12,446 3,734 30%8,712 70%13,154 658 5%12,497 95%25,600 701-4121-75-0000 SS PERA 17,096 17,473 18,939 18,177 19,629 9,543 2,863 30%6,680 70%10,086 504 5%9,582 95%19,629 701-4122-75-0000 SS FICA/MEDICARE 16,197 17,375 19,318 18,541 20,021 9,733 2,920 30%6,813 70%10,288 514 5%9,773 95%20,021 701-4131-75-0000 SS INSURANCE HEALTH 42,222 44,277 42,919 43,905 48,358 27,242 8,173 30%19,069 70%21,116 1,056 5%20,060 95%48,358 701-4135-75-0000 SS INSURANCE WC 4,483 4,546 4,417 4,686 6,409 6,409 1,923 30%4,486 70%- - - - - 6,409 701-4211-75-0000 SS OFFICE SUPPLIES - 100 150 150 150 - - - - - 150 8 5%143 95%150 701-4212-75-0000 SS MOTOR FUELS 8,945 8,607 8,860 7,960 9,798 9,798 2,939 30%6,859 70%- - - - - 9,798 701-4226-75-0000 SS GENERAL SUPPLIES 1,282 1,042 1,275 1,270 1,350 1,350 405 30%945 70%- - - - - 1,350 701-4300-75-0000 SS AUDITOR 7,443 7,476 7,601 7,076 8,072 8,072 - 0%8,072 100%- - - - - 8,072 701-4309-75-0000 SS IT & SFTW SUPPORT 13,612 15,284 16,820 19,601 21,030 2,928 2,928 100%- - 18,102 905 5%17,197 95%21,030 701-4310-75-0000 SS MISC CONTRACTED SERVICES 1,704 2,501 3,350 3,386 3,642 3,642 - 0%3,642 100%- - - - - 3,642 701-4325-75-0000 SS COMMUNICATIONS 3,263 3,267 3,780 3,600 3,880 3,880 - 0%3,880 100%- - - - - 3,880 701-4335-75-0000 SS BKUP RESTORATION COSTS 5,123 - 10,000 10,000 10,000 10,000 3,000 30%7,000 70%- - - - - 10,000 701-4339-75-0000 SS EQUIP REPAIRS & MAINTENANCE 35,085 4,690 13,770 9,011 9,500 9,500 7,613 80%1,887 20%- - - - - 9,500 701-4341-75-0000 SS TRAINING, CONF. & MTG.- - 1,122 1,150 1,250 1,250 1,000 80%250 20%- - - - - 1,250 701-4342-75-0000 SS MEMBERSHIPS & DUES 1,131 904 950 1,182 1,250 1,250 1,000 80%250 20%1,250 701-4341-75-0100 SS TUITION- CERTIFICATIONS 1,170 - 587 600 600 600 480 80%120 20%- - - - - 600 701-4350-75-0000 SS PRINTING AND PUBLISHING 2,476 3,488 3,250 3,672 4,400 4,400 - 0%4,400 100%- - - - - 4,400 701-4365-75-0000 SS INSURANCE PROPERTY/ LIABILITY 11,686 10,414 9,981 13,215 15,900 15,900 - 0%15,900 100%- - - - - 15,900 TOTAL COLLECTION SYSTEM 416,233$ 392,122$ 419,612$ 419,063$ 446,953$ 252,732$ 73,414$ 29%179,318$ 71%194,221$ 9,711$ 5%184,510$ 95%446,953 252,732$ TREATMENT EXPENSES 701-4375-75-0000 SS MCES WASTE TREATMENT CHARGE 708,567 733,670 712,664 712,664$ 719,437 719,437 647,493 90%71,944 10%719,437 701-4381-75-0000 SS ELECTRIC AND GAS UTILITIES 8,609 8,719 10,083 8,813 9,300 9,300 8,835 95%465 5%9,300 TOTAL TREATMENT 717,176 742,389 722,747 721,477 728,737 728,737 656,328 90%72,409 17%- - - - 728,737 TOTAL OPERATING EXPENSES 1,133,409 1,134,511 1,142,359 1,140,540 1,175,690 981,469 729,742 74%251,727 26%194,221 9,711 5%184,510 95%1,175,690 DEPRECIATION EXPENSE 701-4499-80-0000 WT DEPRECIATION MAINTENANCE EQUIP 28,909 32,441 32,441 32,441 32,441 32,441 9,732 30%22,709 70%32,441 WT DEPRECIATION LINES AND LIFT STATIONS 67,453 75,697 75,697 75,697 75,697 75,697 22,709 30%52,988 70%75,697 TOTAL DEPRECIATION 96,362 108,138 108,138 108,138 108,138 108,138 32,441 30%75,697 70%- - - - 108,138 TOTAL OVERALL EXPENSES 1,229,771 1,242,649 1,250,497 1,248,678 1,283,828 1,089,607 762,184 70%327,423 30%194,221 9,711 5%184,510 95%1,283,828 FIXED 436,237 37%75,697 70%511,933 40% USAGE 739,453 63%32,441 30%771,894 60%0 1,175,690 100%108,138 100%1,283,828 100% SEWER EXPENSES PW ADMINISTRATIVE COSTS NO ADMINISTRATIVE COSTS NO ADMINISTRATIVE COSTS OPERATING DEPRECIATION OVERALL 91 THIS PAGE LEFT INTENTIONALLY BLANK 92 ORDINANCE NO. 2020-03 SAINT ANTHONY VILLAGE, MINNESOTA AN ORDINANCE AMENDING MULTIPLE SECTIONS OF CHAPTER 33 SEWER, WATER, LICENSE AND PERMIT FEES, STORM WATER FACILITIES AND CHAPTER 52 WATER READING AND BILLING 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 §33.018 Sewer Charge Rate and Metro Rate Surcharge, §33.036 Water Charges to Owner, §33.038 Commencing & Discontinuing Service, §33.061 Establishment of Fee Amounts, and §33.090 Charges for Storm Water Facilities, of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by single underlined text. Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication as provided by law. § 33.018 SEWER CHARGE RATES AND METRO WASTE SURCHARGE. All sewer charges will be billed at the current rate of $4.64 per 1,000 gallons, quarterly Collection system charge $15.2512.80 per residential equivalency unit. § 33.036 WATER RATES. Water Usage billing will be computed quarterly based on metered water used according to the tiered rates system below, quarterly Distribution system charge $17.7513.40 per residential equivalency unit. (A) Residential. RESIDENTIAL Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.133.07 TIER II 7,500-15,000 $3.303.24 TIER III 15,000-22,500 $3.633.55 TIER IV 22,500-30,000 $4.164.08 TIER V Over 30,000 $5.225.12 (B) Multi-family. The multi-family quarterly water usage billing is based on the total consumption divided by the number of units to determine the consumption per unit. Multi-family customers are billed according to the residential tier rate structure. (C) Commercial. COMMERCIAL Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.133.07 TIER II 7,500-53,500 $3.303.24 TIER III 53,500-175,000 $3.633.55 TIER IV 175,000-300,000 $4.164.08 TIER V Over 300,000 $5.225.12 93 (D) Wilshire Elementary. WILSHIRE Consumption( gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.133.07 TIER II 7,500-510,000 $3.303.24 TIER III 510,000-610,000 $3.633.55 TIER IV 610,000-710,000 $4.164.08 TIER V Over 710,000 $5.225.12 (E) St. Anthony High School. SAVHS Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.133.07 TIER II 7,500-850,000 $3.303.24 TIER III 850,000-1,150,000 $3.633.55 TIER IV 1,150,000-1,450,000 $4.164.08 TIER V Over 1,450,000 $5.225.12 (F) Happy’s Potato Chips. HAPPY’S Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $3.133.07 TIER II 7,500-3,650,000 $3.303.24 TIER III 3,650,000-4,650,000 $3.633.55 TIER IV 4,650,000-5,650,000 $4.164.08 TIER V Over 5,650,000 $5.225.12 § 33.038 COMMENCING OR DISCONTINUING SERVICE. A hookup charge of $105 must be paid before water service to a property is first provided. A charge of $15.00 will be made for shutting off or turning on the water supply to a premise. 94 § 33.061 ESTABLISHMENT OF FEE AMOUNTS. These fees are set by Resolution as stated in §33.062. The dollar amounts of fees required by this code as stated in the following table. In addition to the application fee, applicants are responsible for the City’s out-of- pocket costs for the planner, engineer, attorney and/or other consultants to review the application. To provide for payment of such costs, the applicant will make a deposit (escrow) with the city at the end of the tie of application submittal, in an amount determined by the City Manager. If costs are less than the deposit (escrow), the difference will be billed to the applicant. Land Use Fees Purpose of Fee (Code No:) Amount Appeal $100$500.00 and an Escrow deposit of $1,500 Comprehensive Plan $750 and an Escrow deposit of $1500 for Residential and $3,500 for Commercial Conditional Use Permits (152.243) $1,000 and an Escrow deposit of $450 for Residential and $1,500850 Commercial Easement Vacation $200 and an Escrow deposit of $500 Final Plat $500 with an Escrow deposit of $750500 Garage setback permit (152.176) $60 Planned Unit Development (152.203) $1,500 with a $2,500 Escrow deposit Preliminary plat (151.03) $500 with a $750500 Escrow deposit Rezoning (152.242) $750 with a $1,500750 Escrow deposit Sign permit (155) $75 for cost of $1 to $500, plus $5 for each $100 over $500 Sign plan, review (155) $75 Site Plan $250 with an Escrow deposit of $750450 Subdivision/Lot Split (151.03) $250 with a $1,250 Escrow deposit Variance (152.245) $750 and an Escrow deposit of $450 for Residential and $1,500850 Commercial § 33.090 CHARGES FOR STORM WATER FACILITIES. Classification Charge (per acre) 1 - Cemeteries, parks, golf courses, parks, golf courses, railroads, vacant land $68.3566.94 2 – R-1, R-1a, and R-2 residential $65.8764.60 3 – R-3 Residential $65.8764.60 4 – Schools and institutional uses $157.33154.14 5 – R-4 Residential, churches & manufactured home parks $200.67196.60 6 – Commercial & Industrial $250.69245.60 95 Effective Date: This ordinance shall become effective as of its publication. First Reading: Second Reading: Adopted: CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Randy Stille, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk Publish: Star Tribune Publication Date: 96 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 • www.savmn.com •(612) 782-3301 Fax (612) 782-3302 Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure. NOTICE OF A PUBLIC HEARING Notice is hereby given that on November 10, 2020, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the City Council will hold a public hearing to solicit public response to the Ordinance Amendments for Sections §33.018 Sewer Charge Rate and Metro Waste Surcharge, §33.036 Water Charges to Owner;§33.038 Commencing & Discontinuing Service, §33.061 Establishment of Fee Amounts, and §33.090 Charges for Storm Water Facilities. Those persons having an interest in said amendments are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Clerk at 612-782-3313. The City Council agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com Nicole Miller City Clerk Publication: Star Tribune October 24, 2020 97 THIS PAGE LEFT INTENTIONALLY BLANK 98 Website Aug Sep Oct Total Visitors 2577 4,830 7,359 St. Anthony/CTV Landing (Page Views) 78 145 153 St. Anthony – Meeting 172 143 155 St. Anthony – City Council 107 57 48 October 2020 Programming, Website & Social Media Social Media Aug Sep Oct CTV Facebook posts 66 74 101 CTV Facebook Total Likes 1638 1666 1674 PROGRAMMING • PRODUCTION SERVICES: • St. Anthony Schools 282 Town Hall Meeting, LIVE 10/12 • Cities Speak (5 shows) featuring city and communications officials {Katie McMahon episode, 1.1k Facebook views} • Chamber Check In (5 shows) partnership w/TC North Chamber • NEW PROGRAMS on CTV CHANNELS (120 Total) = 146.25 hours of programming • CITY MEETINGS (43 Total): 4 – St. Anthony city meetings + web streams • NORTH SUBURBAN COMMUNICATIONS COMMISSION - next meeting 12/5 • RAMSEY COUNTY BOARD MEETINGS: 4, [LIVE Tuesdays, Ch. 19 – 9am] • SA/NB 282 SCHOOL BOARD MEETINGS: 1, 10/6 [Live Ch. 20 & web] • RICE CREEK WATERSHED Meetings: 3, 10/14, 10/26, 10/28 • ADDITIONAL PROGRAMMING: • St. Anthony HS Volleyball (3 LIVE) – 10/10, 10/14, 10/23 • St. Anthony HS Honor Society Induction, LIVE Fall 2020, 811 Facebook views • Ramsey County COVID Testing Conversation, Live 10/28 • Hmong Listening Session- Child Abuse/Neglect, 10/20 99 THIS PAGE LEFT INTENTIONALLY BLANK 100 Date Type Staff Present December 2 Special 5:30 PM Worksession City Council City Manager December 8 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 2021 City & HRA Budgets and Final Property Tax Levy -Public Hearing 2021 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids Approval of 2021 Planning Commission Work Plan (motion only) Final reading Water, Sewer, & Stormwater 2021 Fee Schedule Metro I Net JPA City Council City Manager Finance Director City Engineer December 15 Special 5:30 PM Worksession City Council City Manager December 22 Regular City Council City Manager January 12 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 26 Regular Public Works Snow Plowing Operations presentation NYFS Agreement Winterfest Outside Orgs-Council City Council City Manager February 9 Regular Planning Commission items from January 2021 Planning Commission Work Plan- (motion only) City Council City Manager February 23 Regular Administration Annual Report Adoption of Strategic Plan 2021 Parks and Environmental Commission Work Plan- (motion only) 2021 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessments City Council City Manager City Engineer March 9 Regular Planning Commission Items from February Liquor Annual Report Liquor License Renewals GreenCorp Member application-resolution CTV Presentation Public Works Annual Report City Council City Manager Liquor Op Manager Public Works Director March 23 Regular Police Annual Report Wyland Water Challenge Public Hearing-Budget Calendar City Council City Manager Police Dept Finance Director FUTURE COUNCIL AGENDA ITEMS 2021 2020 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS April 13 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Spirit of St. Anthony Award 2021 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds Arbor Day Proclamation Earth Day Proclamation Public Hearing-Budget Calendar City Council City Manager Fire Dept City Engineer April 27 Regular 2020 Street Project-Approve Sale of Bonds City Council City Manager May 11 Regular Planning Commission items from April Insurance Renewal Tort Limits - Consent Order 2022 Feasibility Study Police Department Annual Report City Council City Manager City Engineer May 25 Regular Salo Park Concert Series Chamber of the Year and Business of the Year Finance Annual Report City Council City Manager Finance Director June 8 Regular Planning Commission Items from May City Council City Manager June 22 Regular Audit Presentation City Council City Manager Finance Director July 13 Regular Planning Commission items from June Quarterly Donations & Grants City Council City Manager July 27 Regular Liquor Operations Mid Year Report VillageFest Presentation Quarterly Goals Update Wyland Mayor's Water Challenge Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief August 10 Regular Planning Commission items from July Approve 2022 Feasibility Study and Order Plans and Specs City Council City Manager August 24 Regular Budget Presentation Students in Leadership-Consent SANB #282 Presentation City Council City Manager Finance Director September 14 Regular Planning Commission items from August 2022 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day Union Contracts City Council City Manager Finance Director 102 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS September 28 Regular Fire Prevention Presentation Spirit of St. Anthony Award City Council City Manager Fire Dept October 12 Regular Planning Commission items from September Quarterly Donations & Grants Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda Quarterly Goals Update City Council City Manager October 26 Regular 1st Reading Water, Sewer, & Stormwater-Public Hearing City Council City Manager Finance Director November 9 Regular Planning Commission items from October 2nd Reading Water, Sewer, & Stormwater Authorizing polling places for 2022 Approval of CIP City Council City Manager November 23 Regular Fire Prevention Poster Winners Final Reading and Adoption Water, Sewer, & Stormwater Students in Government Presentation PD Body Cam Audit Water Conservation Poster Winners 2022 Fee Schedule City Council City Manager 103