HomeMy WebLinkAboutCC PACKET 11092021CITY OF SAINT ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
Tuesday, November 9, 2021 at 7:00PM
Join Meeting via Zoom
There is also a dial -in option available. Members of the public who wish to attend the meeting may
do so in person.
Call To Order.
Pledge Of Allegiance.
Roll Call.
Approval Of Agenda.
Proclamations And Recognitions.
Consent Agenda.
Approval Of CC Meeting Minutes
CC.10.26.2021.PDF
License And Permits
LICENSEANDPERMITS.PDF
Claims
11 -10 -21.PDF
Resolution 21- 21-084 Resolution Designating Polling Places For The 2022
Election Year
RESOLUTION 21 -079.PDF
Public Hearing.
Ordinance 2021 -05 An Ordinance Amending Multiple Sections Of Chapter 33
Sewer, Water, License And Permit Fees, Storm Water Facilities
1st of 3 readings
Devin Willi, Accounting Specialist, presenting
COVER MEMO.PDF
2022 UTILITY RATES POWERPOINT.PDF
EXHIBIT A - WATER EXPENSES.PDF
EXHIBIT B - WATER OPERATIONS.PDF
EXHIBIT C - SEWER EXPENSES.PDF
EXHIBIT D - SEWER OPERATIONS.PDF
EXHIBIT E - 2021 UTILITY RATES SURVEY.PDF
EXHIBIT F - UTILITY FUND SUMMARY.PDF
EXHIBIT G - WATER AND SEWER 10 YR OPERATING PROJECTION.PDF
NOTICE - PUBLIC HEARING FEES.PDF
ORD 2021 -05 FEES REDLINED.PDF
Reports From Commission And Staff.
Resolution 21 -080 A Resolution Denying/Approving A Request For Variance 2912
Crestview Dr.
Steve Grittman, City Planner, presenting
COVER MEMO.PDF
VARIANCE REQUEST APPLICATION 2912 CRESTVIEW.PDF
CRESTVIEW POWER POINT.PDF
NOTICE - PUBLIC HEARING SETBACKS -IMPERVIOUS 2912
CRESTVIEW.PDF
RESOLUTION 21 -080.PDF
Resolution 21 -081 - A Resolution Approving A Request For Variance 3501
Maplewood Dr.
Steve Grittman, City Planner, presenting
COVER MEMO.PDF
VARIANCE REQUEST APPLICATION 3501 MAPLEWOOD DR.PDF
3501 MAPLEWOOD POWERPOINT.PDF
NOTICE - PUBLIC HEARING FENCE 3501 MAPLEWOOD DR.PDF
RESOLUTION 25 -081.PDF
General Business Of Council.
Resolution 21 -082 - Canvassing Board Resolution
Charlie Yunker, City Manager, presenting
RESOLUTION 21 -082.PDF
ST ANTHONY ELECTION ABSTRACT NOVEMBER 2 2021.PDF
Resolution 21 -083 -A Resolution Approving The Salo Park Maintenance
Agreement With Doran SLV III, LLC And SAVP III Silver Lake Village, LLC
Charlie Yunker, City Manager, presenting
COVER MEMO.PDF
FINAL POND MANAGEMENT AND MAINTENANCE AGT (SALO PARK).PDF
RESOLUTION 21 -083.PDF
Reports From City Manager And Council Members.
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.
Information And Announcements.
Future Agenda Items
FUTURE AGENDA ITEMS.PDF
Adjournment
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.
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CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, November 9, 2021 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC.10.26.2021.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims11-10 -21.PDFResolution 21- 21-084 Resolution Designating Polling Places For The 2022 Election Year
RESOLUTION 21 -079.PDF
Public Hearing.
Ordinance 2021 -05 An Ordinance Amending Multiple Sections Of Chapter 33
Sewer, Water, License And Permit Fees, Storm Water Facilities
1st of 3 readings
Devin Willi, Accounting Specialist, presenting
COVER MEMO.PDF
2022 UTILITY RATES POWERPOINT.PDF
EXHIBIT A - WATER EXPENSES.PDF
EXHIBIT B - WATER OPERATIONS.PDF
EXHIBIT C - SEWER EXPENSES.PDF
EXHIBIT D - SEWER OPERATIONS.PDF
EXHIBIT E - 2021 UTILITY RATES SURVEY.PDF
EXHIBIT F - UTILITY FUND SUMMARY.PDF
EXHIBIT G - WATER AND SEWER 10 YR OPERATING PROJECTION.PDF
NOTICE - PUBLIC HEARING FEES.PDF
ORD 2021 -05 FEES REDLINED.PDF
Reports From Commission And Staff.
Resolution 21 -080 A Resolution Denying/Approving A Request For Variance 2912
Crestview Dr.
Steve Grittman, City Planner, presenting
COVER MEMO.PDF
VARIANCE REQUEST APPLICATION 2912 CRESTVIEW.PDF
CRESTVIEW POWER POINT.PDF
NOTICE - PUBLIC HEARING SETBACKS -IMPERVIOUS 2912
CRESTVIEW.PDF
RESOLUTION 21 -080.PDF
Resolution 21 -081 - A Resolution Approving A Request For Variance 3501
Maplewood Dr.
Steve Grittman, City Planner, presenting
COVER MEMO.PDF
VARIANCE REQUEST APPLICATION 3501 MAPLEWOOD DR.PDF
3501 MAPLEWOOD POWERPOINT.PDF
NOTICE - PUBLIC HEARING FENCE 3501 MAPLEWOOD DR.PDF
RESOLUTION 25 -081.PDF
General Business Of Council.
Resolution 21 -082 - Canvassing Board Resolution
Charlie Yunker, City Manager, presenting
RESOLUTION 21 -082.PDF
ST ANTHONY ELECTION ABSTRACT NOVEMBER 2 2021.PDF
Resolution 21 -083 -A Resolution Approving The Salo Park Maintenance
Agreement With Doran SLV III, LLC And SAVP III Silver Lake Village, LLC
Charlie Yunker, City Manager, presenting
COVER MEMO.PDF
FINAL POND MANAGEMENT AND MAINTENANCE AGT (SALO PARK).PDF
RESOLUTION 21 -083.PDF
Reports From City Manager And Council Members.
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.
Information And Announcements.
Future Agenda Items
FUTURE AGENDA ITEMS.PDF
Adjournment
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.
I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.
Documents:
VII.
A.
Documents:
VIII.
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B.
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IX.
A.
Documents:
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XII.
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XIII.
CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, November 9, 2021 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC.10.26.2021.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims11-10 -21.PDFResolution 21- 21-084 Resolution Designating Polling Places For The 2022 Election YearRESOLUTION 21 -079.PDFPublic Hearing.Ordinance 2021 -05 An Ordinance Amending Multiple Sections Of Chapter 33 Sewer, Water, License And Permit Fees, Storm Water Facilities 1st of 3 readingsDevin Willi, Accounting Specialist, presentingCOVER MEMO.PDF2022 UTILITY RATES POWERPOINT.PDFEXHIBIT A - WATER EXPENSES.PDFEXHIBIT B - WATER OPERATIONS.PDFEXHIBIT C - SEWER EXPENSES.PDFEXHIBIT D - SEWER OPERATIONS.PDFEXHIBIT E - 2021 UTILITY RATES SURVEY.PDFEXHIBIT F - UTILITY FUND SUMMARY.PDFEXHIBIT G - WATER AND SEWER 10 YR OPERATING PROJECTION.PDFNOTICE - PUBLIC HEARING FEES.PDFORD 2021 -05 FEES REDLINED.PDFReports From Commission And Staff.Resolution 21 -080 A Resolution Denying/Approving A Request For Variance 2912 Crestview Dr.Steve Grittman, City Planner, presentingCOVER MEMO.PDFVARIANCE REQUEST APPLICATION 2912 CRESTVIEW.PDFCRESTVIEW POWER POINT.PDFNOTICE - PUBLIC HEARING SETBACKS -IMPERVIOUS 2912 CRESTVIEW.PDFRESOLUTION 21 -080.PDFResolution 21 -081 - A Resolution Approving A Request For Variance 3501 Maplewood Dr.Steve Grittman, City Planner, presentingCOVER MEMO.PDFVARIANCE REQUEST APPLICATION 3501 MAPLEWOOD DR.PDF3501 MAPLEWOOD POWERPOINT.PDFNOTICE - PUBLIC HEARING FENCE 3501 MAPLEWOOD DR.PDFRESOLUTION 25 -081.PDFGeneral Business Of Council.Resolution 21 -082 - Canvassing Board ResolutionCharlie Yunker, City Manager, presenting
RESOLUTION 21 -082.PDF
ST ANTHONY ELECTION ABSTRACT NOVEMBER 2 2021.PDF
Resolution 21 -083 -A Resolution Approving The Salo Park Maintenance
Agreement With Doran SLV III, LLC And SAVP III Silver Lake Village, LLC
Charlie Yunker, City Manager, presenting
COVER MEMO.PDF
FINAL POND MANAGEMENT AND MAINTENANCE AGT (SALO PARK).PDF
RESOLUTION 21 -083.PDF
Reports From City Manager And Council Members.
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.
Information And Announcements.
Future Agenda Items
FUTURE AGENDA ITEMS.PDF
Adjournment
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.
I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:VII.A.Documents:VIII.A.Documents:B.Documents:IX.A.
Documents:
B.
Documents:
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XII.
A.
Documents:
XIII.
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 OCTOBER 26, 2021
4
5 CALL TO ORDER.
6
7 Mayor Stille called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster.
16 Absent:None.
17 Also Present:City Manager Charlie Yunker, City Planner Steve Grittman, and Finance Director
18 Shelly Rueckert.
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
21 ITEMS.
22
23 I.APPROVAL OF OCTOBER 26, 2021 CITY COUNCIL MEETING AGENDA.
24
25 Motion by Councilmember Randle, seconded by Councilmember Webster, to approve the City
26 Council Meeting Agenda of October 26, 2021 as presented.
27
28 Motion carried 5-0.
29
30 II.PROCLAMATIONS AND RECOGNITION – NONE.
31
32 III.CONSENT AGENDA.
33
34 A.Approve October 12, 2021, Council meeting minutes.
35 B.Licenses and permits.
36 C.Claims.
37 D.Resolution 21-077 – A Resolution Accepting Grants and Donations Received
38
39 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve the Consent
40 Agenda items.
41
42 Motion carried 5-0.
43
44 IV.PUBLIC HEARING – NONE.
45
46 V.REPORTS FROM COMMISSION AND STAFF.
47
A.48 Resolution 21-078 – Approving Final Plan Stage PUD, Interstate/Bremer/City of St.
49 Anthony.
City Council Regular Meeting Minutes
October 26, 2021
Page 2
1
2 Councilmember Webster stated she will be abstaining from discussion on this resolution due to
3 potential or perceived conflict of interest.
4
5 Mr. Grittman reviewed the Applicants are Interstate Development, with Bremer Bank, and co-
6 applicant City of St. Anthony Village. The project involves applying a PUD zoning district over
7 the 3 subject parcels, two of which are owned by Bremer Bank, and one of which is owned by
8 the City. Interstate proposes to construct a new bank facility for Bremer on the City’s “old
9 bowling alley” site. Once that construction is completed, Bremer would relocate from its existing
10 building to the new site. At that point, Interstate would undertake demolition o the old Bremer
11 building and construct a new 76-unit multi-family structure on the property. As a part of the
12 three-way transaction, the City would take control of the small triangle at 2534 Kenzie, currently
13 vacant. Final action on the land transfers would occur as a condition of Final PUD approval. The
14 City has discussed, in concept, ideas relating to City entrance monumentation on that site. Future
15 development opportunities are not clear. The project received Preliminary Plan PUD approval at
16 the City Council meeting on September 14, 2021. A series of conditions were included in the
17 Council’s Preliminary Plan approval, and are reviewed as a part of the Final Plan PUD
18 submission.
19
20 Staff has reviewed the project for land use compliance with the intent and policies of the City’s
21 Comprehensive Plan, and for zoning consistency with the C, Commercial and R-4, Multiple
22 Family Residential Districts as baselines. In summary, the Comprehensive Plan promotes use of
23 the subject properties that reflect the proposed uses of commercial and high-density multiple
24 family residential uses of up to 40 units per acre.
25
26 Staff believes that the flexibility requested under the PUD is appropriate, given the objectives of
27 the Comprehensive Plan and the related improvements and amenities proposed as part of the
28 project. Staff is recommending approval of the Final Plan stage of the PUD for Bremer Bank at
29 2654 Kenzie Terrace and Interstate Development at 2410 Lowry Avenue NE, incorporating the
30 transfer of 2534 Kenzie Terrace to the City.
31
32 The standard of review for Final Plan PUD is whether the applicant has satisfied the conditions
33 attached to the Preliminary Plan PUD approval. Staff comment is provided for each of the
34 conditions, which are separated by the applicable site, and some of which are listed with both
35 project sites as they apply generally to the PUD.
36
37 The proposed redevelopment project is considered consistent with the City’s 2040
38 Comprehensive Plan.
39
40 Interstate’s goal is to create workforce attainable housing without the utilization of TIF, grants,
41 tax credits or subsidy from government and nongovernment agencies. Interstate is currently
42 targeting rents ranging from $1,300/month for a 1-bedroom unit and $2,350 for a 3-bedroom
43 unit.
44
City Council Regular Meeting Minutes
October 26, 2021
Page 3
1 A power point presentation was given to the City Council including drawings, site plans, bank
2 building elevations, bank building 3D, landscaping and building 3D, and housing building
3 elevations.
4
5 Mr. Grittman reviewed the PUD considerations as:
6 Scattered size PUD to total 3 acres, per code.
7 Bank site encroachment toward alley violates 25’ setback.
8 Recently revised side setbacks require 25’ north setback on residential (15’ proposed,
9 consistent with original zoning).
10 Residential parking at less than 2 spaces per unit (meets new R-4)
11 Lot coverage/impervious surface for residential (R-4 code limits this to 50%); applicant’s
12 proposal is approximately 65% (existing is 82.2%).
13
14 Interstate Development provided revised and additional materials for the City Council. Floor
15 plans of the bank building and multi-family housing were provided along with elevations
16 drawings. Grading plans, erosion control plans, utilities, landscaping plan, parking lot details,
17 and various other plans were included for Council consideration.
18
19 The following are the conditions of Preliminary Plan approval for the Proposed Bank Facility –
20 2654 Kenzie Terrace. Staff’s comments are also included. The new bank building would be just
21 over 6,000 square feet.
22
1.23 The applicant participates in a subdivision of the portion of 2654 Kenzie that
24 encroaches into the alley and the City retains ownership of that remnant.
25 Staff comment: That subdivision would be incorporated into the Final Plan approval
26 conditions, which include the land transfer from City HRA to developer.
27
2.28 Access-related issues shall be subject to comment and recommendation by the City
29 Engineer as well as Hennepin County.
30 Staff comment: Hennepin County has indicated via email that the proposed driveway
31 location is appropriate. Final permitting will require County approval.
32
3.33 The proposed bank site plan is modified to increase drive-through lane stacking space.
34 Staff comment: The applicants had revised the Preliminary Plan submissions, on which this
35 application is based, to demonstrate stacking area suitable for the needs and purpose of the
36 site’s circulation.
37
4.38 The applicants modify the landscaping plan for the bank location to retain a portion of
39 the existing evergreen plantings.
40 Staff comment: The final landscape plan shows replacement of the existing vegetation with
41 new landscaping, including 3 Black Hills Spruce in the northeasterly corner of the site. The
42 existing vegetation interferes with site plan development and grading, although the applicant
43 proposes to relocate the healthy specimens to the south side of the site adjacent to the alley.
44 Staff believes the final landscape plan is consistent with the intent and requirements of the
45 City’s zoning regulations.
46
City Council Regular Meeting Minutes
October 26, 2021
Page 4
5.1 The proposed monument sign on the bank site is placed and designed to meet City
2 ordinances for size and setback. If an electronic display is desired, the applicants will
3 need to apply for a separate Conditional Use Permit under the applicable code.
4 Staff comment: The final signage plans will be subject to permitting review at the time of
5 construction. No electronic signage is proposed, and wall signage is well below the allowable
6 threshold for the site.
7
6.8 The lighting plan for the proposed bank site is modified to show a zero footcandle light
9 intensity at the boundary with the senior residential property to the west.
10 Staff comment: The plans have been modified from the original to show between zero and
11 0.2 footcandles at the westerly boundary. Staff would continue to advocate for zero
12 footcandles along this residential edge.
13
7.14 Issues related to grading, drainage and utilities shall be subject to comment and
15 recommendation by the City Engineer.
16 Staff comment: The City Engineer will review final construction plans for compliance and
17 adequacy.
18
8.19 The applicant enters into a PUD agreement with the City and post all the necessary
20 securities required by it.
21 Staff comment: This requirement will remain an aspect of the final land transfers and
22 recorded concurrently with the final conditions.
23
9.24 The applicant executes the required land transfers suitable to the City Council.
25 Staff comment: This will occur as a part of final signatures and recording.
26
10.27 Consideration of comments of other City Staff.
28
29 The following are the conditions of Preliminary Plan approval for the Multi-Family Apartment
30 Building – 2401 Lowry Avenue NE. Staff’s comments are also included. The building is
31 proposed to be a four-story facility. The first level would be a parking level at grade and the
32 upper three floors a mix of one-bedroom (30), one bedroom/alcove (17), two-bedroom (26), and
33 three-bedroom (3) units.
34
1.35 Access-related issues shall be subject to comment and recommendation by the City
36 Engineer, as well as Hennepin County and Minneapolis Park Board.
37 Staff comment: Hennepin County has indicated via email that the proposed driveway
38 location is appropriate. The County also required a potential connection to the property to the
39 east, upon a future realignment of access points along Kenzie Terrace. The applicant has
40 provided a plan with that option, although any requirement for construction is a future
41 consideration only. Final permitting will require County approval.
42
2.43 The applicant adds foundation plantings along the Stinson and Kenzie frontages of the
44 residential building.
45 Staff comment: The Final PUD landscape plans include this condition, and respond to other
46 Preliminary Plan PUD comments.
City Council Regular Meeting Minutes
October 26, 2021
Page 5
1
3.2 The City finds that the proposed parking supply is adequate to serve the residential
3 facility.
4 Staff comment: The City Council approved the parking arrangements proposed by the
5 developer as an aspect of the Preliminary Plan PUD approval.
6
4.7 Final PUD Plans demonstrate compliance with ADA parking supply requirements (for
8 disabled persons).
9 Staff comment: The applicant has provided adequate accessible parking per state
10 requirements.
11
5.12 As part of the Final PUD Plan submission, a final signage plan be submitted for review
13 which demonstrates compliance with City requirements.
14 Staff comment: Signage will require final permitting prior to construction. No flexibility
15 from zoning standards is being requested.
16
6.17 Issues related to grading, drainage and utilities shall be subject to comment and
18 recommendation by the City Engineer.
19 Staff comment: The City Engineer will review final construction plans for compliance and
20 adequacy.
21
7.22 The applicant enters into a PUD agreement with the City and post all the necessary
23 securities required by it.
24 Staff comment: This requirement will remain an aspect of the final land transfers and
25 recorded concurrently with the final conditions.
26
8.27 The applicant executes the required land transfers suitable to the City Council.
28 Staff comment: This will occur as a part of final signatures and recording.
29
9.30 Consideration of comments of other City Staff.
31
32 Mr. Grittman stated for the Final Plan PUD Staff recommends approval with the following
33 conditions:
1.34 Final Staff reviews for Engineering, Public Safety, Public Works, and Building Departments.
2.35 Final Approvals from Hennepin County as required
3.36 Subdivision, Easement Dedications/Vacations, and Land Transfers as required.
4.37 Execution of Final PUD Agreement and other agreements as necessary.
38
39 This recommendation is based on a finding that the proposal, with final review of construction
40 plans by appropriate staff, will comply with the conditions cited in the Preliminary Plan PUD
41 approval, and is consistent with the long-term objectives of the recommendations and policies of
42 the St. Anthony Comprehensive Plan.
43
44 Councilmember Jenson asked about the conditions for Bremer Bank and asked if all the
45 conditions were agreed to by the developer and Mr. Grittman stated they will be addressed as
46 part of the PUD agreement.
City Council Regular Meeting Minutes
October 26, 2021
Page 6
1
2 Mayor Stille stated the preliminary plat is where the heavy lifting happens. He invited the
3 developer to appear before the Council.
4
5 Mr. Lonnie Provencher, Interstate Development, thanked the Council for their patience and
6 consideration to approve the final plat. The bowling alley site was purchased by the City in 2001.
7
8 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve Resolution
9 21-078 – Approving Final Plan Stage PUD, Interstate/Bremer/City of St. Anthony Village,
10 including a Commercial Bank Facility of approximately 6.029 square feet, a Multi-Family
11 Residential Project of up to 76 dwelling units, and land transfers necessary to accommodate the
12 proposed project at 2401 Lowry Avenue NE, 2654 Kenzie Terrace, and 2534 Kenzie Terrace.
13
14 Motion carried 4-0-1 (Webster abstained).
15
B.16 Ordinance 21-04 Amending the Zoning Ordinance by Establishing the Kenzie Terrace
17 PUD Overlay District, and Rezoning of Certain Parcels.
18
19 City Planner Grittman reviewed the proposed Ordinance. This is a related action to the previous
20 resolution.
21
22 Motion by Councilmember Jenson, seconded by Councilmember Randle, to adopt an Ordinance
23 2021-04 Amending the Zoning Ordinance by Establishing the Kenzie Terrace PUD Overlay
24 District, and Rezoning of Certain Parcels.
25
26 Motion carried 5-0.
27
C.28 Resolution 21-079 Approving Summary Publication of Ordinance 2021-04.
29
30 City Planner Grittman reviewed the proposed Resolution noting the full ordinance is available
31 for review at City Hall. The summary publication will be in the Star Tribune.
32
33 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve
34 Resolution 21-079 – Approving Summary Publication of Ordinance 2021-04.
35
36 Motion carried 5-0.
37
38 VI.GENERAL BUSINESS OF COUNCIL.
39
A.40 Approving of Capital Improvement Plan for 2022 – 2026 and 2027 – 2038.
41
42 Mayor Stille noted this has been reviewed at previous work sessions of the City Council.
43
44 Finance Director Rueckert reviewed a power point presentation for the City Council. The
45 purpose of the Capital Funds is to capture the big picture of equipment used in the current
46 delivery of City Services. Equipment replacement timing proactively managed to ensure
City Council Regular Meeting Minutes
October 26, 2021
Page 7
1 availability of resources, allows time for the investigating replacement alternatives such as
2 sharing of equipment, leasing, and new equipment options that provide more functionality or are
3 less costly.
4
5 Ms. Rueckert reviewed the Annual Update Process. The sources for the Buildings Improvement
6 Fund are Building improvement levy and Community Center transfer. The uses include HVAC,
7 roofs, lighting, security, windows & doors and tuck-pointing. The 2021 Buildings Improvement
8 Fund included the 5 HVAC roof top units at City Hall being replaced. The GPS NPBI
9 technology was re-installed into new HVAC units. Future items were reviewed
10
11 The Capital Equipment Fund sources include capital equipment levy, equipment sales (trade-ins
12 & donations) and MSA allocation. This fund is used for fleet including squads and unmarked,
13 public works trucks and fire trucks and rescue vehicles. Also included is heavy equipment,
14 specialty equipment and technology. The 2021 Capital Equipment Fund included squad car
15 replacement based on mileage – estimated life of 3-4 years; 3 squads replaced in 2021 – one
16 deferred from 2020 and a 2010 Toro Grandstand mower replaced. Future items were reviewed.
17
18 The Park Improvement Fund sources are parkland dedication fees, donations & grants, and park
19 improvement levy. The fund is used for athletic facilities & playground structures, park shelters,
20 splash pads and trail construction. The 2021 Park Improvement Fund included Tennis Court
21 resurfacing and painting. Future items were reviewed.
22
23 The Utilities infrastructure fund sources are connection fees, collection of inter-fund loans,
24 grants as available and utility fund transfer which begins in 2024. The fund is used for water
25 infrastructure & equipment, sewer infrastructure & equipment, and fiber infrastructure &
26 equipment. In 2021 the 2006 water utility van was replaced and the water system risk analysis
27 and response plan were completed. Future items were reviewed.
28
29 The Stormwater Fund sources are stormwater fees and watershed grants & cost sharing. This
30 fund is used for permitting (MS4) and agency reporting, engineering studies, stormwater pond
31 maintenance, flood improvements and water quality activities. With this fund was used in 2021
32 to replace the 2006 street sweeper and to repair a failed stormwater pipe along 33rd Avenue.
33 Future items were reviewed.
34
35 The Street Improvement and Debt Service Fund sources are street improvement debt levy, bond
36 proceeds, assessments, MSA allocation and one-time revenues and project savings. The fund is
37 used for street improvement debt, street reconstruction, utility reconstruction, streetlights,
38 sidewalks, mill & overlays and alleys. Ms. Rueckert showed maps indicating the 2022 Street and
39 Utility Improvement Projects.
40
41 The Phase II Debt Levy Benefits and Resulting Debt Levy Program for 2022 – 2037 were
42 reviewed. The debt levy will remain at $2,487,181 for levy years 2022 and 2023 which is same
43 as was for 2020-2021. The capital plan can be found on the City’s website.
44
45 Councilmember Webster thanked Ms. Rueckert for the overview and comments.
46
City Council Regular Meeting Minutes
October 26, 2021
Page 8
1 Councilmember Walker stated the presentation was very user friendly. He asked where Harding
2 Pond is located. Mayor Stille stated it’s west of Silver Lake Road, south of 31st, north of 30th and
3 east of Harding. There is no street access to the pond however there is a maintenance easement.
4
5 Councilmember Jenson thanked Ms. Rueckert for the way the plan was modeled out to 2038. He
6 stated 2022 – 2023 – 2024 are very accurate.
7
8 Mayor Stille stated he saw the Toro lawn mower this morning at 8:15 a.m. Any City asset can
9 look in the Capital book to see details on every piece of equipment. Mayor Stille stated a party
10 should be held to celebrate the flat debt levy.
11
12 Motion by Councilmember Walker, seconded by Councilmember Jenson, to approve the Capital
13 Improvement Plan for 2022 – 2026 and 2027-2038.
14
15 Motion carried 5-0.
16
B.17 3rd Quarter Goals Update.
18
19 City Manager Yunker reviewed the Goals Chart for 2021 with action steps, responsibility and
20 comments highlighting some of the goals with updates.
21
22 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
23
24 City Manager Yunker had no report.
25
26 Councilmember Webster had no report.
27
28 Councilmember Randle had no report.
29
30 Councilmember Jenson stated he participated in Coffee with the Council on October 16, 2021.
31
32 Councilmember Walker stated he attended the October meeting of the NSCC as Commissioner.
33 On October 20 Ehlers did a zoom session on TIF through the LMC.
34
35 Mayor Stille attended Coffee with the Council on October 16, 2021.
36
37 VIII.COMMUNITY FORUM.
38
39 City Manager Yunker stated a petition was submitted stating “The following Residents of
40 Autumn Woods, 2600 Kenzie Terrace, Minneapolis, MN petition the St. Anthony Village
41 government to manage and uphold the rights of these residents regarding Semi’s idling all night
42 long in the St. Anthony Village parking lot which is feet away from a residential complex. By
43 Minnesota law, the government and local enforcement agencies has a role to uphold the noise
44 standards. Minn R. 7030.1000-1060 outlines Minnesota’s state rules and the MCPA standards
45 for air pollution control. These semis idle from 4 to 12 hours early evening to morning.” –
46 Documentation of the State Statues were attached. The petition was signed by 26 residents.
City Council Regular Meeting Minutes
October 26, 2021
Page 9
1
2 Staff worked to start working on this. Code enforcement has contacted one of the trucking
3 companies and signage will be added to the parking lot.
4
5 Councilmember Jenson stated the trucks are located approximately 50 feet from resident’s
6 windows. The residents are pleased and appreciative on what the City has done.
7
8 IX.INFORMATION AND ANNOUNCEMENTS – NONE.
9
10 X. ADJOURNMENT.
11
12 Mayor Stille adjourned the meeting at 8:00 p.m.
13
14 Respectfully submitted,
15 Debbie Wolfe
16 TimeSaver Off Site Secretarial, Inc.
17
18 Mayor
19
20 ATTEST:
21 City Clerk
22
Saint Anthony Village
DATE: November 9, 2021 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Mechanical Licenses:
Total Comfort, Golden Valley, MN
Integrity Plumbing & Mechanical, Elk River, MN
KS Heating & AC, Plumbing, Rochester, MN
SR Mechanical, St Louis Park, MN
Motor Vehicle License:
Applicant:Twin Cities Transport & Recovery
Location:3201 Stinson Blvd NE
Commercial Rental License:
Applicant:Laramar Liberty
Location:2808 Silver Ln NE
Residential Rental Licenses:
Applicant:Walter Sentyrz
Location:3401 Coolidge St NE
Applicant:IH2 Property Illinois
Location:3913 Fordham Dr NE
Applicant:Jean Kenney
Location:3525 Stinson Blvd NE
Parks Special Event Beer Permit:
Date:December 5, 2021
Location:Central Park
Applicant:St Anthony Kiwanis
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 10/22/2021 - 11/10/2021 Nov 04, 2021 12:04PM
Vendor Number Payee Check Number Check Issue Date Amount
13091 BARTEL, ALISA 45357 10/22/2021 360.10
10252 CENTERPOINT ENERGY 45358 10/22/2021 208.46
10263 CENTURYLINK 45359 10/22/2021 301.10
13110 COSGROVE, ANGELA 45360 10/22/2021 35.00
10480 ERDMAN/ELLIOT 45361 10/22/2021 454.08
2039 FORGOTTEN STAR BREWERY 45362 10/22/2021 540.00
10661 HENNEPIN COUNTY TREASURER 45363 10/22/2021 5,197.68
10710 ICMA RETIREMENT TRUST 45364 10/22/2021 1,916.00
10981 MINNESOTA DEPT OF COMMMERCE 45365 10/22/2021 459.57
11317 READY WATT ELECTRIC 45366 10/22/2021 287.00
11345 ROSEVILLE CHRYSLER DODGE 45367 10/22/2021 50.59
11414 SITARZ/MARK 45368 10/22/2021 70.00
2035 STACKED DECK BREWING CO 45369 10/22/2021 436.00
11994 STERICYCLE INC 45370 10/22/2021 53.88
11798 CENTRAL PENSION FUND LOCAL #49 45371 10/29/2021 5,760.00
10710 ICMA RETIREMENT TRUST 45372 10/29/2021 1,670.00
1118 56 BREWING 45373 11/10/2021 970.00
10029 ADVANCED GRAPHIX, INC.45374 11/10/2021 1,500.00
10056 ALLIED MEDICAL PRODUCTS 45375 11/10/2021 295.00
1122 AM CRAFTS SPIRITS 45376 11/10/2021 136.28
13117 AMERAPRODUCTS INC 45377 11/10/2021 169.90
10073 AMERICAN PUBLIC WORKS ASSN 45378 11/10/2021 450.00
10081 ANCOM COMMUNICATIONS 45379 11/10/2021 5,165.80
10092 APACHE GROUP 45380 11/10/2021 795.18
1100 ARTISIAN BEER COMPANY 45381 11/10/2021 11,397.38
10115 ASPEN MILLS 45382 11/10/2021 462.17
10116 ASPEN WASTE SYSTEMS INC 45383 11/10/2021 198.42
2030 BALD MAN BREWING 45384 11/10/2021 238.00
1013 BELLBOY CORPORATION 45385 11/10/2021 4,612.64
1014 BELLBOY CORPORATION 45386 11/10/2021 182.50
2009 BLACK STACK BREWING 45387 11/10/2021 441.99
12882 BLAINE CUSTOM APPAREL & AWARDS 45388 11/10/2021 2,076.00
1018 BREAKTHRU BEVERAGE MN BEER 45389 11/10/2021 29,385.35
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 45390 11/10/2021 9,043.28
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 45391 11/10/2021 2,738.45
1108 C&L DISTRIBUTING 45392 11/10/2021 228.00
13113 CALGUIRE, JOANN 45393 11/10/2021 51.65
1017 CAPITOL BEVERAGE SALES 45394 11/10/2021 17,342.18
12596 CINTAS 45395 11/10/2021 1,391.70
10290 CITY OF NEW BRIGHTON 45396 11/10/2021 46,546.34
10293 CITY OF ROSEVILLE 45397 11/10/2021 7,326.24
13119 CLASSIC CONSTRUCTION 45398 11/10/2021 3,255.14
1010 CLEAR RIVER BEVERAGE COMPANY 45399 11/10/2021 1,558.00
10319 COLUMBIA HEIGHTS RENTAL 45400 11/10/2021 178.57
10332 COMPTON'S COMMERCIAL CLNG. INC 45401 11/10/2021 3,578.00
12924 COREMARK METALS 45402 11/10/2021 30.64
10345 CORNER HOUSE 45403 11/10/2021 1,731.93
12967 COURT SURFACE & REPAIR INC 45404 11/10/2021 850.00
1042 CRYSTAL SPRINGS ICE 45405 11/10/2021 261.47
13116 ENGSTROM, JOHN 45406 11/10/2021 20.90
13118 ENVIRONMENTAL WOOD SUPPLY LLC 45407 11/10/2021 200.00
10501 FASTENAL COMPANY 45408 11/10/2021 51.25
10508 FERGUSON WATERWORKS 45409 11/10/2021 1,175.75
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 10/22/2021 - 11/10/2021 Nov 04, 2021 12:04PM
Vendor Number Payee Check Number Check Issue Date Amount
10511 FINANCE AND COMMERCE 45410 11/10/2021 195.34
10517 FIRE SAFETY USA, INC.45411 11/10/2021 79.95
10526 FLEETPRIDE 45412 11/10/2021 129.04
10578 GOPHER STATE ONE CALL 45413 11/10/2021 220.45
1021 GREAT LAKES COCA COLA 45414 11/10/2021 1,068.96
2024 HEADFLYER BREWING 45415 11/10/2021 317.00
10636 HEDBACK & CARLSON PLLC 45416 11/10/2021 3,500.00
10661 HENNEPIN COUNTY TREASURER 45417 11/10/2021 382.74
1019 HOHENSTEIN'S, INC 45418 11/10/2021 12,684.00
10684 HOME DEPOT CREDIT SERVICES 45419 11/10/2021 861.68
13111 IBES LANDSCAPING INC 45420 11/10/2021 2,300.00
1027 INDEED BREWING COMPANY 45421 11/10/2021 1,211.10
11754 INTEGRATED LOSS CONTROL, INC.45422 11/10/2021 617.00
12536 INTERNATIONAL PUBLIC MANAGMENT 45423 11/10/2021 222.00
10765 JAROS/MATTIE 45424 11/10/2021 93.14
13052 JEFF BELZER'S 45425 11/10/2021 405.75
1016 JJ TAYLOR DISTRIBUTING 45426 11/10/2021 30,213.16
1102 JOHNSON BROTHERS 45427 11/10/2021 21.78
1004 JOHNSON BROTHERS LIQUOR COMPANY.45428 11/10/2021 5,779.39
1005 JOHNSON BROTHERS LIQUOR COMPANY.45429 11/10/2021 11,034.17
1006 JOHNSON BROTHERS LIQUOR COMPANY.45430 11/10/2021 17,494.56
1044 JOHNSON BROTHERS LIQUOR COMPANY.45431 11/10/2021 18,984.46
10785 KATH FUEL OIL SERVICE 45432 11/10/2021 60.00
2028 LADONA CERVECERIA 45433 11/10/2021 290.00
10830 LEAGUE OF MINNESOTA CITIES 45434 11/10/2021 20.00
13101 LINDE GAS & EQUIPMENT (Formerly-Praxair)45435 11/10/2021 65.87
10833 LMCIT %BERKLEY RISK ADMIN CO 45436 11/10/2021 55,141.00
10874 MACQUEEN EQUIPMENT GROUP 45437 11/10/2021 562.80
11985 MANSFIELD OIL COMPANY 45438 11/10/2021 5,320.01
1125 MAVERICK (NEGOCE)45439 11/10/2021 514.92
10916 MENARDS LUMBER 45440 11/10/2021 39.97
10939 MIDWAY FORD 45441 11/10/2021 27,350.82
2005 MILK AND HONEY CIDERS 45442 11/10/2021 769.00
11031 MINNESOTA DEPT OF AGRICULTURE 45443 11/10/2021 25.00
11037 MINNESOTA DEPT PUBLIC SAFETY 45444 11/10/2021 40.00
2006 MODIST BREWING COMPANY 45445 11/10/2021 684.25
11061 MORRELL ENTERPRISES LP 45446 11/10/2021 1,560.00
1051 NEW FRANCE WINE COMPANY 45447 11/10/2021 706.00
13060 NINENORTH 45448 11/10/2021 930.75
11163 OFFICE DEPOT 45449 11/10/2021 184.53
12779 OPTION ONE MECHANICAL LLC 45450 11/10/2021 1,861.00
12112 OREILLY AUTO PARTS 45451 11/10/2021 83.32
11182 OWENS/TOM 45452 11/10/2021 125.00
11185 PACE ANALYTICAL SERVICES, INC.45453 11/10/2021 1,003.00
1012 PAUSTIS & SONS 45454 11/10/2021 2,037.00
13114 PERA 45455 11/10/2021 6,000.00
1001 PHILLIPS WINE & SPIRITS 45456 11/10/2021 5,361.00
1002 PHILLIPS WINE & SPIRITS 45457 11/10/2021 5,444.55
12447 PMG 56 LLC MN SERIES 45458 11/10/2021 135.00
12747 PRECISE MRM LLC 45459 11/10/2021 50.00
2019 PRYES BREWING COMPANY 45460 11/10/2021 1,139.17
12311 PUCKETTS RECYCLING 45461 11/10/2021 120.00
12482 QUALITY SIGNS & ENGRAVING 45462 11/10/2021 55.00
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 10/22/2021 - 11/10/2021 Nov 04, 2021 12:04PM
Vendor Number Payee Check Number Check Issue Date Amount
11291 RAIN DROP PRODUCTS 45463 11/10/2021 685.00
11302 RAMSEY COUNTY 45464 11/10/2021 297.50
1062 RED BULL DISTRIBUTION COMPANY 45465 11/10/2021 209.00
12470 SEITZ BROS PLUMBING 45466 11/10/2021 2,057.47
11399 SHI INTERNATIONAL CORPORATION.45467 11/10/2021 79.00
12346 SHRED IT 45468 11/10/2021 13.47
2018 SMALL LOT WINES 45469 11/10/2021 342.00
1024 SOUTHERN GLAZER'S OF MN 45470 11/10/2021 3,606.56
1008 SOUTHERN GLAZER'S OF MN 45471 11/10/2021 1,412.83
1026 SOUTHERN GLAZER'S OF MN 45472 11/10/2021 13,421.37
1036 SOUTHERN GLAZER'S OF MN 45473 11/10/2021 315.84
11457 ST ANTHONY VILLAGE CENTER, LLC 45474 11/10/2021 2,506.36
2001 STEEL TOE BREWING 45475 11/10/2021 198.00
11513 SULLIVAN, TOM 45476 11/10/2021 125.00
12328 TECH DUMP 45477 11/10/2021 1,950.00
11552 TESSMAN SEED INC.45478 11/10/2021 676.13
13115 THE VILLAGE LLC 45479 11/10/2021 34.61
11566 TIMESAVER OFF SITE SECRETARIAL 45480 11/10/2021 151.00
12702 TOKLE INSPECTIONS INC 45481 11/10/2021 1,596.00
11586 TRACY PRINTING 45482 11/10/2021 671.00
1098 TRADITION WINE & SPIRITS 45483 11/10/2021 489.00
13120 TREE TRUST 45484 11/10/2021 5,000.00
11595 TRI STATE BOBCAT, INC.45485 11/10/2021 27.26
11819 TRUE NORTH ELECTRIC 45486 11/10/2021 1,123.50
11612 TWIN CITY JANITOR SUPPLY 45487 11/10/2021 242.56
2037 URSA MINOR BREWING 45488 11/10/2021 438.10
11674 VERIZON WIRELESS 45489 11/10/2021 1,576.85
11681 VIKING ELECTRIC SUPPLY INC 45490 11/10/2021 233.98
1025 VINOCOPIA 45491 11/10/2021 466.08
13112 WIGGINS, DAVID 45492 11/10/2021 173.22
11933 WIMACTEL INC 45493 11/10/2021 50.00
12648 WINDSTREAM 45494 11/10/2021 235.10
1034 WINE COMPANY/THE 45495 11/10/2021 1,959.05
1038 WINE MERCHANTS INC 45496 11/10/2021 1,535.51
1032 WINEBOW 45497 11/10/2021 2,251.25
11729 WIRELESS WORLD 45498 11/10/2021 110.47
11738 WSB & ASSOCIATES, INC.45499 11/10/2021 58,589.50
11740 XCEL ENERGY 45500 11/10/2021 26,763.95
Grand Totals: 530,943.71
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-084
A RESOLUTION DESIGNATING POLLING PLACES FOR THE
2022 ELECTION YEAR
WHEREAS, Minnesota Statutes 204B.16, subd 1 requires the City Council, by ordinance or resolution, to
designate polling places for the upcoming year; and
WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if
one or more of the authorized polling places becomes unavailable for use; and
WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is
necessary to ensure a safe and secure location for voting; and
NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Village City Council hereby designates the
following polling places for elections conducted in the city in 2022:
Hennepin Precinct 1 Autumn Woods
2600 Kenzie Terrace
Hennepin Precinct 2 St. Anthony Community Center
3301 Silver Lake Road
Ramsey Precinct 1 Landings at Silver Lake Village
2551 38th Avenue NE
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement
meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution that
becomes unavailable for use by the City;
AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency
replacement polling place meeting the requirements of the Minnesota Election Law for any polling place
designated in this Resolution when necessary to ensure a safe and secure location for voting;
AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any
subsequent polling place designations to the Ramsey County Elections Office.
Adopted this 9th day of November, 2021.
_________________________________________
Randy Stille, Mayor
ATTEST:___________________________
City Clerk
Review for Administration: _______________________________________
Charlie Yunker, City Manager
TO: MAYOR AND COUNCIL MEMBERS
FROM: SHELLY RUECKERT, FINANCE DIRECTOR
SUBJECT: 2022 UTILITY RATES
DATE: OCTOBER 26, 2021
The utility rates recommended herein for 2022 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 2022 budgeted water costs
are comprised of $777,964 in fixed costs and $962,507 in usage driven costs, see Exhibit
A’s summary below:
OPERATING DEPRECIATION OVERALL
FIXED 504,228 42% 273,735 50% 777,964 45%
USAGE 687,492 58% 275,015 50% 962,507 55%
1,191,721 100% 548,750 100% 1,740,471 100%
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 2021 and 2022 budgeted costs the
proposed rates for 2022 are reflected below.
Proposed 2022 water rates:
2021 2022
Per 1000 gallons Rates Rates $ Increase
Water Tier I 3.13 3.19 .06
Water Tier II 3.30 3.37 .07
Water Tier III 3.63 3.70 .07
Water Tier IV 4.16 4.24 .08
Water Tier V 5.22 5.32 .10
Irrigation 4.16 4.24 .08
Quarterly flat fee 17.75 21.25 3.50
The above rates are projected to produce $1,285,431 in revenues assuming water
consumption in 2022 returns to a normalized level versus the higher consumption levels
seen in 2021. With a normalized consumption the operating income before depreciation
is budgeted to be $103,373. The water budget is attached as Exhibit B.
The recommendation’s impact on 2022 quarterly Water bills is reflected below:
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 2022 budgeted
sewer costs are comprised of $520,157 in fixed costs and $768,737 in flow volume driven
costs (usage), see Exhibit D summary below:
OPERATING DEPRECIATION OVERALL
FIXED 433,079 37% 87,078 70% 520,157 40%
USAGE 731,419 63% 37,318 30% 768,737 60%
1,164,498 100% 124,396 100% 1,288,894 100%
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 2021 and updated 2022 budgeted costs
that expectation is reflected in the proposed rates for 2022.
Proposed 2022 Sewer rates are below:
2021 2022
Per 1000 gallons Rates Rates $ Increase
Sewer Usage rate 4.64 4.64 -
Qtr. Collection system charge 15.25 17.20 1.95
The above rates are projected to produce $1,319,891 in revenues in 2022. At this level of
revenues, the operating income before depreciation is budgeted to be $155,483. The
sewer budget is attached as Exhibit D.
The recommendation’s impact on 2022 quarterly Sewer bills is reflected below:
Stormwater rates:
The multi-year approach to Stormwater rates in place since 2012 called for an annual
increase for single family residential (classifications 2 & 3) of thirty-five cent ($.35)
increase. This represents a 2.08% increase in rate and should generate $4,310 in
additional revenues (majority of new construction expected to be billable in 2023). The
2.08% 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:
Classification-Land Use Proposed 2022 Charge 2021 Charge % Change
1-Cemeteries, parks, golf
courses, railroads, vacant land
$69.77 per acre $68.35 per acre 2.08%
2- R-1, R-1a, and R-2
residential
$67.40 per unit $65.87 per unit 2.08%
3- R-3 residential $67.40 per unit $65.87 per unit 2.08%
4- Schools and institutional
uses
$160.60 per acre $157.33 per acre 2.08%
5- R-4 Residential , churches
and manufactured home parks
$204.84 per acre $200.67 per acre 2.08%
6- Commercial and industrial $255.90 per acre $250.69 per acre 2.08%
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
2022 $16.85 $0.35 2.08
The overall annual impact of the recommended rates for a residential customer at
each of the five tier levels is below:
A survey of local municipalities 2021 utility rates is attached as Exhibit E. The Saint
Anthony Village 2021 utility rates are lower than many of the surrounding City’s
surveyed.
The Water/Sewer Utility fund summary budget is attached as Exhibit F.
Lastly a long range Utility revenues plan is attached as Exhibit G. 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 2023 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. Using these factors annual adjustments to the flat fees
and usage rates 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.
11/5/2021
1
UTILITY RATES 2022
PARAMETERS
•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:
•Provide safe drinking water
•Properly discharge sanitary sewer flows
•Appropriately control and treatment of storm water runoff
11/5/2021
2
WATER COSTS
Water Fund expenditures are comprised of two primary operating functions:
Production
$962,507
Distribution
$777,964
ADJUSTMENT TO DISTRIBUTION FEE
The current recommendation includes:
•Continuing the phase-in of the a
quarterly fee to support distribution
system costs
•Quarterly Water Distribution fee will
increase by $3.50
11/5/2021
3
ADJUSTMENT IN USAGE RATES
The current recommendation includes:
•The Water usage tier rates will
increase by 2% in 2022
•Water consumption for 2022 is
projected to be lower than 2021
consumption
ADJUSTMENT’S IMPACTS
Per 1000 Gallons 2021 Rates 2022 Rates $ Change
Water Tier I 3.13 3.19 .06
Water Tier II 3.30 3.37 .07
Water Tier III 3.63 3.70 .07
Water Tier IV 4.16 4.24 .08
Water Tier V 5.22 5.32 .10
Irrigation 4.16 4.24 .08
Quarterly flat fee 17.75 21.25 3.50
11/5/2021
4
SANITARY SEWER COSTS
Sewer Fund expenditures are comprised of two primary operating functions:
Treatment
$768,737
Collection
$520,157
ADJUSTMENT TO COLLECTION FEE
The current recommendation includes:
•Continuing the phase-in of the
quarterly fee to support collection
system costs
•Quarterly Sewer Collection
fee will increase by $1.95
11/5/2021
5
ADJUSTMENT IN USAGE RATE
The current recommendation includes:
•Continue to manage the growth in
usage rates to recognize the revenues
provided by the phase in of the Sewer
collection fee
•The Sewer usage rate will remain at
$4.64 per 1,000 gallons
ADJUSTMENT’S IMPACTS
Recommended 2022 Sewer Rates:
2021 2022
Per 1000 gallons Rates Rates $ Increase
Sewer Usage rate 4.64 4.64 -
Qtr. Collection system charge 15.25 17.20 $1.95
11/5/2021
6
STORMWATER RATES
The multi-year approach to Stormwater rates planned for the
quarterly single family residential charge to increase by thirty-five
cents ($.35).
•In 2022 represents a 2.08% increase in rate
•The 2.08% rate increase will be applied to all levels of stormwater
charges
RATE SURVEY
Saint
Anthony
Saint
Anthony Adren Hills Roseville
Columbia
Heights Minneapolis
Spring Lake
Park
Mounds
View
New
Brighton
2022 Proposed
Water Charges
Flat fee / Min 21.25 17.75 42.77 34.57 33.45 13.75 8.87 19.00 29.20
Usage rate per gallon
Tier 1 3.19 3.13 3.41 3.18 5.01 4.92 1.84 2.50 3.65
Tier 2 3.37 3.3 4.38 3.98 6.27 2.07 2.75
Tier 3 3.70 3.63 7.75 4.98 2.30 3.48
Tier 4 4.24 4.16 2.73
Tier 5 5.32 5.22 3.03
Tier 6 3.36
Sewer Charges
Flat fee / Min 17.20 15.25 60.40 41.66 28.01 17.00 14.77 39.48 41.84
Non meter sewer NA NA 166.15 NA NA NA NA NA NA
Usage rate per gallon 4.64 4.64 6.22 2.65 3.03 6.47 0.82 3.14 5.23
Flat fee -MCES NA NA NA NA NA NA 67.26 NA NA
Storm Water Charges
Residential - SF 16.85 16.50 16.08 14.54 14.34 13.62 none 14.00 18.62
Residential - DUPLEX +16.85 16.5 20.85 14.54 14.34 13.62 none 14.00 75.57
APARTMENT / COND 51.21 50.17 131.27 112.51 94.59 UNKN none 76.55 123.37
Industrial / Commercial 63.98 62.67 205.95 224.91 208.13 UNKN none 118.90 231.24
2021 ACTUAL
11/5/2021
7
IMPACTS BY TIER LEVELS
The impact of the recommended rates on a residential customer at
each tier level would be as follows:
Tier Level 1st -7,500 2nd -15,000 3rd -22,000 4th -30,000 5th-37,500
Distribution (1st Qtr. 2021)32%46%17%3%2%
2022 Proposed 114.03 175.45 242.95 321.70 428.80
2021 Actual 107.78 167.34 229.33 295.33 369.29
Quarterly Increase 6.25 8.11 13.87 26.62 59.51
Annual Increase 24.99 31.43 54.57 105.46 238.04
QUESTIONS?Call Finance Director: Shelly
Rueckert 612-782-3316
EXHIBIT A
Fiscal Year 2022
ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET
2019 2020 2021 2021 2022 PW Usage %Fixed %AD Usage %Fixed %TOTAL
DISTRIBUTION EXPENSES
701-4110-80-0000 WT REGULAR EMPLOYEE 338,881$ 334,093$ 354,121$ 313,802$ 358,197$ 245,107 73,532 30%171,575 70%113,090 11,309 10%101,781 90%358,197
701-4111-80-0000 WT OVERTIME EMPLOYEE 31,252 23,931 27,521 22,847 28,347 19,397 5,819 30%13,578 70%8,950 895 10%8,055 90%28,347
701-4115-80-0000 WT POST BENEFIT PAYOUT 1,158 - - - - - - - - - - - - - - -
701-4121-80-0000 WT PERA 26,438 26,460 28,623 25,249 28,991 19,838 5,951 30%13,886 70%9,153 915 10%8,238 90%28,991
701-4122-80-0000 WT FICA/MEDICARE 27,033 26,798 29,196 25,754 29,571 20,235 6,070 30%14,164 70%9,336 934 10%8,402 90%29,571
701-4131-80-0000 WT INSURANCE HEALTH 56,141 56,881 61,958 54,487 59,231 40,531 12,159 30%28,371 70%18,700 1,870 10%16,830 90%59,231
701-4135-80-0000 WT INSURANCE WC 9,175 9,769 13,636 12,690 13,423 13,423 4,027 30%9,396 70%- - - - - 13,423
701-4211-80-0000 WT OFFICE SUPPLIES 1,020 354 800 750 800 - - - - - 800 80 10%720 90%800
701-4212-80-0000 WT MOTOR FUELS 5,762 4,908 6,532 6,502 7,250 7,250 2,175 30%5,075 70%- - - - - 7,250
701-4221-80-0000 WT SUPPLIES-EQUIPMENT 538 2,896 625 550 1,000 1,000 300 30%700 70%- - - - - 1,000
701-4226-80-0000 WT GENERAL SUPPLIES 12,081 3,013 11,500 11,196 12,000 12,000 3,600 30%8,400 70%- - - - - 12,000
701-4300-80-0000 WT AUDITOR 7,476 6,706 8,072 7,800 8,250 - - - - - 8,250 825 10%7,425 90%8,250
701-4309-80-0000 WT IT & SFTW SUPPORT 22,990 32,157 32,700 32,414 34,035 18,564 1,856 10%16,708 90%15,471 1,547 10%13,924 90%34,035
701-4310-80-0000 WT MISC CONTRACTED SERVICES 3,871 4,906 3,328 7,156 15,458 15,458 1,546 10%13,912 90%- - - - - 15,458
701-4310-80-0100 WT METER READING FEES 8,217 8,470 8,724 8,725 8,990 8,990 - - 8,990 100%- - - - - 8,990
701-4325-80-0000 WT COMMUNICATIONS 9,860 9,548 10,800 9,031 10,770 10,770 7,613 71%3,157 29%- - - - - 10,770
701-4337-80-0000 WT MAIN REPAIRS & MAINTENANCE 19,884 6,788 13,500 9,067 13,500 13,500 4,050 30%9,450 70%- - - - - 13,500
701-4339-80-0000 WT EQUIP REPAIRS & MAINTENANCE 6,727 6,988 4,250 3,750 4,500 4,500 1,350 30%3,150 70%- - - - - 4,500
701-4340-80-0000 WT BLDG REPAIRS & MAINTENANCE 117 - - - - - - 30%- 70%- - - - - -
701-4341-80-0000 WT TRAINING, CONF. & MTG. 923 46 1,100 150 750 750 - - 750 100%- - - - - 750
701-4341-80-0100 WT TUITION- CERTIFICATIONS 438 436 400 - 400 400 - - 400 100%- - - - - 400
701-4342-80-0000 WT MEMBERSHIPS & DUES - - 525 250 250 250 - - 250 100%- - - - - 250
701-4350-80-0000 WT PRINTING AND POSTAGE 2,738 4,599 4,400 4,450 4,600 - - - - - 4,600 230 5%4,370 95%4,600
701-4365-80-0000 WT INSURANCE PROPERTY / LIABILILITY - 0 - - - - - - - - - - - - - -
701-4381-80-0000 WT ELECTRIC AND GAS UTILITIES 9,717 3,286 3,417 5,305 5,650 5,650 1,695 30%3,955 70%- - - - - 5,650
701-4499-80-0000 WT MISCELLANEOUS EXPENSE 650 5,540 650 650 650 650 195 30%455 70%- - - - - 650
TOTAL DISTRIBUTION 603,087$ 578,571$ 626,378$ 562,575$ 646,612$ 458,262$ 131,939$ 29%326,323$ 71%188,350$ 18,605$ 10%169,745$ 90%646,612
WATER EXPENSES
PW ADMINISTRATIVE COSTS
EXHIBIT A
Fiscal Year 2022
ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET
2019 2020 2021 2021 2022 PW Usage %Fixed %AD Usage %Fixed %TOTAL
WATER EXPENSES
PW ADMINISTRATIVE COSTS
PRODUCTION EXPENSES
701-4110-85-0000 REGULAR EMPLOYEE 62,559 64,387 66,806 66,806 68,769 68,769 68,769 100%- 0%68,769
701-4111-85-0000 OVERTIME EMPLOYEE 936 1,946 1,500 1,725 1,777 1,777 1,777 100%- 0%1,777
701-4121-85-0000 PERA 5,458 5,451 5,123 5,140 5,291 5,291 5,291 100%- 0%5,291
701-4122-85-0000 FICA/MEDICARE 5,589 5,663 5,225 5,243 5,397 5,397 5,397 100%- 0%5,397
701-4131-85-0000 INSURANCE HEALTH 10,339 12,828 14,020 16,267 13,599 13,599 13,599 100%- 0%13,599
701-4135-85-0000 WTR FILT INSURANCE WC 3,505 3,782 5,278 4,913 5,200 5,200 5,200 100%- 0%5,200
701-4221-85-0000 SUPPLIES- EQUIPMENT 644 213 925 200 1,000 1,000 1,000 100%- 0%1,000
701-4226-85-0000 CHEMICAL SUPPLIES 46,794 39,540 56,500 46,000 48,760 48,760 48,760 100%- 0%48,760
701-4226-85-0001 CARBON SUPPLY USAGE 33,523 35,990 35,000 45,000 36,500 36,500 36,500 100%- 0%36,500
701-4226-85-0200 UV BULB SUPPLY USAGE 112,337 68,698 112,400 112,400 115,000 115,000 115,000 100%- 0%115,000
701-4226-85-0003 PEROXIDE SUPPILES 27,920 28,007 30,000 15,500 31,000 31,000 31,000 100%- 0%31,000
701-4303-85-0000 ENGINEER EXPENSES 1,722 525 1,700 2,525 2,250 2,250 - 0%2,250 100%2,250
701-4308-85-0000 WATER QUALITY PROTECTION COSTS 12,626 6,718 12,772 6,176 7,107 7,107 7,107 100%- 0%7,107
701-4309-85-0000 CONTRACTED IT & SFTW SUPPORT 2,657 - 2,830 2,900 3,100 3,100 3,100 100%- 0%3,100
701-4310-85-0000 MISC CONTRACTED SERVICES 690 690 720 7,020 9,031 9,031 9,031 100%- 0%9,031
701-4325-85-0000 COMMUNICATIONS 2,596 5,210 2,405 5,700 5,928 5,928 5,928 100%- 0%5,928
701-4339-85-0000 EQUIP REPAIRS & MAINTENANCE 8,962 16,988 13,500 28,500 17,500 17,500 17,500 100%- 0%17,500
701-4340-85-0000 BLDG REPAIRS & MAINTENANCE 1,502 1,017 2,250 1,500 1,750 1,750 1,750 100%- 0%1,750
701-4351-85-0000 PL NOTICES & PUBLICATIONS - - - - - - - 100% 0%-
701-4365-85-0000 INSURANCE PROPERTY / LIABILITY 19,498 17,664 16,750 13,500 7,800 7,800 6,240 80%1,560 20%7,800
701-4381-85-0000 ELECTRIC AND GAS UTILITIES 129,626 138,429 143,966 148,163 154,000 154,000 154,000 100%- 0%154,000
701-4310-90-0000 FIBER LAN/OPTIC CNTRCT SVC - 4,246 4,224 4,224 4,351 4,351 - 0%4,351 100%4,351
TOTAL PRODUCTION 489,484 457,990 533,894 539,401 545,109 545,109 536,948$ 99%8,161 1%- - - - 545,109
TOTAL OPERATING EXPENSES 1,092,572 1,036,561 1,160,272 1,101,976 1,191,721 1,003,371 668,887 73%334,484 36%188,350 18,605 2%169,745 18%1,191,721
545,109
DEPRECIATION EXPENSE
WT DEPRECIATION TREATMENT PLANTS 145,232 149,543 153,853 153,853 157,700 157,700 157,700 100%- 0%157,700
WT DEPRECIATION MAINTENANCE EQUIP 76,358 78,624 80,891 80,891 82,913 82,913 24,874 30%58,039 70%82,913
WT DEPRECIATION WATERMAINS 283,776 292,199 300,622 300,622 308,137 308,137 92,441 30%215,696 70%308,137
TOTAL DEPRECIATION 505,366 520,366 535,366 535,366 548,750 548,750 275,015 50%273,735 50%- - - - 548,750
TOTAL OVERALL EXPENSES 1,597,938 1,556,927 1,695,638 1,637,342 1,740,471 1,552,121 943,902 80%608,219 51%188,350 18,605 2%169,745 14%1,740,471
FIXED 504,229 42%273,735 50%777,964 45%337,963.00$ 0.43$
USAGE 687,492 58%275,015 50%962,507 55%$827,828.00 0.86$
1,191,721 100%548,750 100%1,740,471 100%
NO ADMINISTRATIVE COSTS INCLUDED
NO ADMINISTRATIVE COSTS INCLUDED
DEPRECIATION OPERATING OVERALL
Fiscal Year 2022 12/31/2018 EXHIBIT C
ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET % Change
EXHIBIT B
2017 2018 2019 2020 2021 2021 2022 in Budget
OPERATING INCOME
701-3710-0-0-00 WATER BILLINGS 938,997$ 978,966$ $988,887 1,122,633$ 1,172,342$ 1,278,784$ 1,285,431$ 9.65% Includes the 2022 phase in of flat rate increase along with 2% increase in usage rates
701-3715-0-0-00 WATER ON/OFF FEES 915 180 45 203 500 250 200 -60.00% No change in rate
701-3717-0-0-00 PENALTIES WATER 5,876 5,876 8,400 7,456 6,000 6,476 6,000 0.00% No change in rate
TOTAL 945,788$ 985,022$ $997,332 $1,130,292 $1,178,842 $1,285,510 $1,291,631 9.57%
DISTRIBUTION OPERATING EXPENDITURES
701-4110-80-0000 WT REGULAR EMPLOYEE 317,302$ 324,816$ 338,881$ 334,093$ 354,121$ 313,802$ 358,197$ 1.15% INCLUDES ESTIMATED 2022 WAGE ADJUSTMENT
701-4111-80-0000 WT OVERTIME EMPLOYEE 21,329 25,579 31,252 23,931 27,521 22,847 28,347 3.00% FROM DEPT SUMMARIES OT
701-4121-80-0000 WT PERA 23,892 25,585 26,438 26,460 28,623 25,249 28,991 1.28% BASED ON PERA FUNDING RATE 7.5%
701-4122-80-0000 WT FICA/MEDICARE 24,164 25,238 27,033 26,798 29,196 25,754 29,571 1.28% BASED ON ER 7.65% OF GROSS
701-4131-80-0000 WT INSURANCE HEALTH 51,904 53,462 56,141 56,881 61,958 54,487 59,231 -4.40% SPLIT 3.2% PREMUIM DECREASE IN 2022
701-4135-80-0000 WT INSURANCE WC 9,895 9,265 9,175 9,769 13,636 12,690 13,423 -1.56% BASED ON 2021/2022 RENEWAL
701-4211-80-0000 WT OFFICE SUPPLIES 585 633 (27,781) 354 800 750 800 0.00% 2022 PROJECTED RUN RATE
701-4212-80-0000 WT MOTOR FUELS 4,557 6,015 5,762 4,908 6,532 6,502 7,250 10.99% 2021 contracted cost per gal $1.98 / 2022 projection $2.41 / 3yr avg usage
701-4221-80-0000 WT SUPPLIES-EQUIPMENT 118 837 538 2,896 625 550 1,000 60.00% 2022 PROJECTED RUN RATE
701-4226-80-0000 WT GENERAL SUPPLIES 3,396 5,649 12,081 3,013 11,500 11,196 12,000 4.35% More meter radios battery @ end of life
701-4300-80-0000 WT AUDITOR 8,324 7,443 7,476 6,706 8,072 7,800 8,250 2.21% BASED ON AUDITOR CONTRACT
701-4309-80-0000 WT IT & SFTW SUPPORT 20,640 22,801 22,990 32,157 32,700 32,414 34,035 4.08% BASED ON CONTRACTED IT /SW SPREADSHEET (SPLIT W/701-4308-85)
701-4310-80-0000 WT MISC CONTRACTED SERVICES 4,307 2,194 3,871 4,906 3,328 7,156 15,458 364.49% 2022 Includes Invoice Cloud admin fees
701-4310-80-0100 WT METER READING FEES 10,232 7,970 8,217 8,470 8,724 8,725 8,990 3.05% Sensus fees /estimated annual billing
701-4325-80-0000 WT COMMUNICATIONS 9,255 10,275 9,860 9,548 10,800 9,031 10,770 -0.28% BASED ON COMMUNICATION SPREADSHEET
701-4337-80-0000 WT MAIN REPAIRS & MAINTENANCE 5,548 4,638 19,884 6,788 13,500 9,067 13,500 0.00% Budgeted for 1 major main break annually
701-4339-80-0000 WT EQUIP REPAIRS & MAINTENANCE 4,752 3,789 6,727 6,988 4,250 3,750 4,500 5.88% MAJORITY MOVED PRODUCTION COSTS IN 2016
701-4340-80-0000 WT BLDG REPAIRS & MAINTENANCE - 38 117 - - - - MOVED PRODUCTION COSTS
701-4341-80-0000 WT TRAINING, CONF. & MTG. 1,002 1,113 923 46 1,100 150 750 -31.82% 2022 PROJECTED RUN RATE
701-4341-80-0100 WT TUITION- CERTIFICATIONS 414 326 438 436 400 - 400 0.00% 2022 PROJECTED RUN RATE
701-4342-80-0000 WT MEMBERSHIPS & DUES - - - - 525 250 250 -52.38% 2022 PROJECTED RUN RATE
701-4350-80-0000 WT PRINTING AND POSTAGE 3,840 2,476 2,738 4,599 4,400 4,450 4,600 4.55% 2022 PROJECTED RUN RATE
701-4381-80-0000 WT ELECTRIC AND GAS UTILITIES 11,519 15,457 9,717 3,286 3,417 5,305 5,650 65.35% MAJORITY MOVED PRODUCTION COSTS IN 2016
TOTAL 536,974$ 559,170$ 573,636$ 573,031$ 625,728$ 561,925$ 645,962$ 3.23%
WATER OPERATIONS
Fiscal Year 2022 12/31/2018 EXHIBIT C
ACTUAL ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET % Change
EXHIBIT B
2017 2018 2019 2020 2021 2021 2022 in Budget
WATER OPERATIONS
PRODUCTION OPERATING EXPENDITURES
701-4110-85-0000 REGULAR EMPLOYEE 58,161 60,139 62,559 64,387 66,806 66,806 68,769 2.94% INCLUDES ESTIMATED 2022 WAGE ADJUSTMENT
701-4111-85-0000 OVERTIME EMPLOYEE 1,024 367 936 1,946 1,500 1,725 1,777 18.45% FROM DEPT SUMMARIES OT
701-4121-85-0000 PERA 4,900 5,078 5,458 5,451 5,123 5,140 5,291 3.28% BASED ON PERA FUNDING RATE 7.5%
701-4122-85-0000 FICA/MEDICARE 4,973 5,156 5,589 5,663 5,225 5,243 5,397 3.28% BASED ON ER 7.65% OF GROSS
701-4131-85-0000 INSURANCE HEALTH 10,126 11,036 10,339 12,828 14,020 16,267 13,599 -3.00% SPLIT 3.2% PREMUIM DECREASE IN 2022
701-4135-85-0000 WTR FILT INSURANCE WC 3,776 3,587 3,505 3,782 5,278 4,913 5,200 -1.48% 2022 PROJECTED RUN RATE
701-4221-85-0000 SUPPLIES- EQUIPMENT 396 772 644 213 925 200 1,000 8.11% BASED ON 2021/2022 RENEWAL
701-4226-85-0000 GENERAL SUPPLIES 55,746 55,429 46,794 39,540 56,500 46,000 48,760 -13.70% VARIOUS TREATMENT CHEMICALS
701-4226-85-0001 CARBON SUPPLY USAGE 2,654 35,240 33,523 35,990 35,000 45,000 36,500 4.29% AMORTIZATION COST FOR CARBON BASED ON # OF GALLONS TREATED
701-4226-85-0200 UV BULB SUPPLY USAGE - 112,418 112,337 68,698 112,400 112,400 115,000 2.31% AMORTIZATION COST FOR BULBS ASSUMING 3 YEAR LIFE
701-4226-85-0003 PEROXIDE SUPPILES - 27,930 27,920 28,007 30,000 15,950 32,538 8.46% PEROIXIDE / AOP PROCESS - 2021 single delivery
701-4303-85-0000 ENGINEER EXPENSES 1,952 4,587 1,722 525 1,700 2,525 2,250 32.35% 2022 PROJECTED RUN RATE
701-4308-85-0000 WATER QUALITY PROTECTION COSTS 12,387 12,644 12,626 6,718 12,772 6,176 7,107 -44.36% WATER TESTING / LAB COSTS
701-4309-85-0000 CONTRACTED IT & SFTW SUPPORT - 3,659 2,657 - 2,830 2,900 3,100 9.54% MDM FEE and security monitoring
701-4310-85-0000 MISC CONTRACTED SERVICES 330 345 690 690 720 7,020 9,031 1154.31% 2021/2022 Includes Invoice Cloud admin/CC fees
701-4325-85-0000 COMMUNICATIONS 2,143 2,694 2,596 5,210 2,405 5,700 5,928 146.49% added patec previously in sewer budget
701-4339-85-0000 EQUIP REPAIRS & MAINTENANCE 14,140 28,468 8,962 16,988 13,500 28,500 17,500 29.63% 2022 PROJECTED RUN RATE
701-4340-85-0000 BLDG REPAIRS & MAINTENANCE 5,724 2,656 1,502 1,017 2,250 1,500 1,750 -22.22% 2022 PROJECTED RUN RATE
701-4365-85-0000 INSURANCE PROPERTY / LIABILITY 14,067 16,552 19,498 17,664 16,750 13,500 7,800 -53.43% BASED ON 2020/2021 RENEWAL
701-4381-85-0000 ELECTRIC AND GAS UTILITIES 112,035 129,272 129,626 138,429 143,966 148,163 154,000 6.97% 2022 PROJECTED RUN RATE
TOTAL 304,534 518,027 489,484 453,744 529,670 535,627 542,296 2.38%
OPERATING INCOME (LOSS)104,281$ (92,175)$ (65,788)$ 103,517$ 23,444$ 187,958$ 103,373$ 340.94%
OTHER (INCOME) / EXPENSE
701-3891-0-0-00 WT MISCELLANEOUS INCOME (12,559) (4,350) (7,460) (901) (550) (150) (150) -72.73%
701-3620-0-1-00 WT INTEREST INCOME (16,714) (24,620) (28,476) (27,781) (7,500) (12,450) (6,250) -16.67%
701-3713-0-0-00 WT WATER CONNECTION FEES (23,850) (25,700) (1,750) - (34,000) - - -100.00% CONNECTION FEES RECORDED TO UTILITY INFRASTRUCTURE FUND IN 2021
701-3910-0-0-00 WT SALE OF ASSETS - - - (1,520) - (5,932) (3,500) 0.00%
701-4335-80-0000 WT BKUP RESTORATION COSTS - - - 1,165 - - - 0.00%
701-4499-80-0000 WT MISCELLANEOUS EXPENSE 1,572 1,362 650 5,540 650 650 650 0.00%
701-4310-90-0000 FIBER LAN/OPTIC CNTRCT SVC 0 0 0 4,246 4,224 4,224 4,351 3.00%
TOTAL (51,551) (53,309) (37,036) (19,251) (37,176) (13,658) (4,899) -86.82%
OPERATING INCOME BEFORE DEPRECIATION 155,832$ (38,866)$ (28,752)$ 122,768$ 60,620$ 201,616$ 108,272$ 78.61%
EXHIBIT C
Fiscal Year 2022
ACTUAL ACTUAL ACTUAL BUDGET EST. ACTUAL BUDGET
2018 2019 2020 2021 2021 2022 PW Usage %Fixed %AD Usage %Fixed %TOTAL
COLLECTION SYSTEM EXPENSES
701-4110-75-0000 SS REGULAR EMPLOYEE 219,484$ 226,547$ 224,382$ 236,114$ 211,090$ 236,460$ 115,135 34,541 30%80,595 70%121,325 6,066 5%115,259 80%236,460
701-4111-75-0000 SS OVERTIME EMPLOYEE 23,832 24,129 16,980 25,600$ 18,238 20,714 10,086 3,026 30%7,060 70%10,628 531 5%10,097 95%20,714
701-4121-75-0000 SS PERA 17,096 17,473 17,067 19,629$ 17,200 19,288 9,392 2,817 30%6,574 70%9,896 495 5%9,402 95%19,288
701-4122-75-0000 SS FICA/MEDICARE 16,197 17,375 17,048 20,021$ 17,544 19,674 9,579 2,874 30%6,706 70%10,094 505 5%9,590 95%19,674
701-4131-75-0000 SS INSURANCE HEALTH 42,222 44,277 44,245 48,433$ 44,890 45,725 27,242 8,173 30%19,069 70%18,483 924 5%17,559 95%45,725
701-4135-75-0000 SS INSURANCE WC 4,483 4,546 4,727 6,598$ 6,141 6,520 6,520 1,956 30%4,564 70%- - - - - 6,520
701-4211-75-0000 SS OFFICE SUPPLIES - 100 934 150$ 150 150 - - - - - 150 8 5%143 95%150
701-4212-75-0000 SS MOTOR FUELS 8,945 8,607 7,250 9,798$ 7,178 9,063 9,063 2,719 30%6,344 70%- - - - - 9,063
701-4226-75-0000 SS GENERAL SUPPLIES 1,282 1,042 2,340 1,350$ 1,487 1,561 1,561 468 30%1,093 70%- - - - - 1,561
701-4300-75-0000 SS AUDITOR 7,443 7,476 6,706 8,072$ 7,800 8,250 8,250 - 0%8,250 100%- - - - - 8,250
701-4309-75-0000 SS IT & SFTW SUPPORT 13,612 15,284 19,635 21,030$ 20,875 22,128 2,928 2,928 100%- - 19,200 960 5%18,240 95%22,128
701-4310-75-0000 SS MISC CONTRACTED SERVICES 1,704 2,501 121 3,642$ 3,017 9,900 9,900 - 0%9,900 100%- - - - - 9,900
701-4325-75-0000 SS COMMUNICATIONS 3,263 3,267 2,144 3,880$ 4,541 5,400 5,400 - 0%5,400 100%- - - - - 5,400
701-4335-75-0000 SS BKUP RESTORATION COSTS 5,123 - 2,624 10,000$ 500 10,000 10,000 3,000 30%7,000 70%- - - - - 10,000
701-4339-75-0000 SS EQUIP REPAIRS & MAINTENANCE 35,085 4,690 8,422 9,500$ 8,128 9,500 9,500 7,613 80%1,887 20%- - - - - 9,500
701-4341-75-0000 SS TRAINING, CONF. & MTG. - - 780 1,250$ 780 780 780 624 80%156 20%- - - - - 780
701-4342-75-0000 SS MEMBERSHIPS & DUES 1,131 904 - 600$ 390 390 390 312 80%78 20%390
701-4341-75-0100 SS TUITION- CERTIFICATIONS 1,170 - 260 1,250$ 260 520 520 416 80%104 20%- - - - - 520
701-4350-75-0000 SS PRINTING AND PUBLISHING 2,476 3,488 4,599 4,400$ 4,000 4,200 4,200 - 0%4,200 100%- - - - - 4,200
701-4365-75-0000 SS INSURANCE PROPERTY/ LIABILITY 11,686 10,414 13,164 15,900$ 13,100 12,155 12,155 - 0%12,155 100%- - - - - 12,155
TOTAL COLLECTION SYSTEM 416,233$ 392,122$ 393,430$ 447,217$ 387,308$ 442,377$ 252,601$ 71,466$ 28%181,135$ 72%189,776$ 9,489$ 5%180,288$ 95%442,377
252,601$
TREATMENT EXPENSES
701-4375-75-0000 SS MCES WASTE TREATMENT CHARGE 708,567 733,670 712,664 719,437 719,437$ 711,023 711,023 639,921 90%71,102 10%711,023
701-4381-75-0000 SS ELECTRIC AND GAS UTILITIES 8,609 8,719 11,934 9,300 10,469$ 11,097 11,097 10,542 95%555 5%11,097
TOTAL TREATMENT 717,176 742,389 724,598 728,737 729,906 722,120 722,120 650,463 90%71,657 17%- - - - 722,120
TOTAL OPERATING EXPENSES 1,133,409 1,134,511 1,118,027 1,175,954 1,117,214 1,164,498 974,721 721,929 74%252,792 26%189,776 9,489 5%180,288 95%1,164,498
DEPRECIATION EXPENSE
701-4499-80-0000 WT DEPRECIATION MAINTENANCE EQUIP 28,909 31,909 33,409 36,409 36,409 37,319 37,319 11,196 30%26,123 70%37,319
WT DEPRECIATION LINES AND LIFT STATIONS 67,453 74,453 77,953 84,953 84,953 87,077 87,077 26,123 30%60,954 70%87,077
TOTAL DEPRECIATION 96,362 106,362 111,362 121,362 121,362 124,396 124,396 37,319 30%87,077 70%- - - - 124,396
TOTAL OVERALL EXPENSES 1,229,771 1,240,873 1,229,389 1,297,316 1,238,576 1,288,894 1,099,117 759,248 69%339,869 31%189,776 9,489 5%180,288 95%1,288,894
FIXED 433,079 37%87,078 70%520,157 40%
USAGE 731,419 63%37,318 30%768,737 60%
1,164,498 100%124,396 100%1,288,894 100%
SEWER EXPENSES
PW ADMINISTRATIVE COSTS
NO ADMINISTRATIVE COSTS
NO ADMINISTRATIVE COSTS
OPERATING DEPRECIATION OVERALL
Fiscal Year 2022 12/31/2018 EXHIBIT C
ACTUAL ACTUAL ACTUAL ACTUAL BUDGET Est. ACTUAL BUDGET % Change
EXHIBIT D
2017 2018 2019 2020 2021 2021 2022 in Budget
OPERATING INCOME
701-3720-0-0-00 SEWER BILLINGS 1,098,938$ 1,136,667$ 1,212,400$ 1,224,881$ 1,270,083$ 1,310,608$ 1,319,981$ 3.93% Includes the 2022 phase in of flat fee, no increase in usage rate
TOTAL 1,098,938$ 1,136,667$ 1,212,400$ 1,224,881$ 1,270,083$ 1,310,608$ 1,319,981$ 3.93%
OPERATING EXPENDITURES
701-4110-75-0000 SS REGULAR EMPLOYEE 218,382$ 219,484$ 226,547$ 224,382$ 236,114$ 211,090$ 236,460$ 0.15% INCLUDES ESTIMATED 2022 WAGE ADJUSTMENT / STAFF TURN OVER
701-4111-75-0000 SS OVERTIME EMPLOYEE 18,028 23,832 24,129 16,980 25,600 18,238 20,714 -19.09% FROM DEPT SUMMARIES OT
701-4121-75-0000 SS PERA 16,431 17,096 17,473 17,067 19,629 17,200 19,288 -1.73% BASED ON PERA FUNDING RATE 7.5%
701-4122-75-0000 SS FICA/MEDICARE 16,437 16,197 17,375 17,048 20,021 17,544 19,674 -1.73% BASED ON ER 7.65% OF GROSS
701-4131-75-0000 SS INSURANCE HEALTH 41,725 42,222 44,277 44,245 48,433 44,890 45,725 -5.59% SPLIT 3.2% PREMUIM DECREASE IN 2022
701-4135-75-0000 SS INSURANCE WC 4,685 4,483 4,546 4,727 6,598 6,141 6,520 -1.18% BASED ON 2021/2022 RENEWAL
701-4211-75-0000 SS OFFICE SUPPLIES - - 100 934 150 150 150 0.00% 2022 PROJECTED RUN RATE
701-4212-75-0000 SS MOTOR FUELS 6,825 8,945 8,607 7,250 9,798 7,178 9,063 -7.50% 2022 PROJECTED RUN RATE
701-4226-75-0000 SS GENERAL SUPPLIES (120) 1,282 1,042 2,340 1,350 1,487 1,561 15.66% 2022 PROJECTED RUN RATE
701-4300-75-0000 SS AUDITOR 6,785 7,443 7,476 6,706 8,072 7,800 8,250 2.21% BASED ON AUDITOR CONTRACT
701-4309-75-0000 SS IT & SFTW SUPPORT 12,205 13,612 15,284 19,635 21,030 20,875 22,128 5.22% BASED ON CONTRACTED IT /SW SPREADSHEET
701-4310-75-0000 SS MISC CONTRACTED SERVICES 273 1,704 2,501 121 3,642 3,017 9,900 171.83% 2022 Includes Invoice Cloud admin/CC fees
701-4325-75-0000 SS COMMUNICATIONS 3,136 3,263 3,267 2,144 3,880 4,541 5,400 39.18% BASED ON COMMUNICATION SPREADSHEET
701-4335-75-0000 SS BKUP RESTORATION COSTS - 5,123 - 2,624 10,000 500 10,000 0.00% Assumes the cost of one full deductable
701-4339-75-0000 SS EQUIP REPAIRS & MAINTENANCE 17,438 35,085 4,690 8,422 9,500 8,128 9,500 0.00% 2022 PROJECTED RUN RATE
701-4341-75-0000 SS TRAINING, CONF. & MTG. 205 - - 780 1,250 780 780 -37.60% 2022 PROJECTED RUN RATE
701-4341-75-0100 SS TUITION- CERTIFICATIONS - 1,170 904 - 600 390 390 -35.00% 2022 PROJECTED RUN RATE
701-4342-75-0000 SS MEMBERSHIP & DUES 238 1,131 - 260 1,250 260 520 -58.40% 2022 PROJECTED RUN RATE
701-4350-75-0000 SS PRINTING AND POSTAGE 4,303 2,476 3,488 4,599 4,400 4,000 4,200 -4.55% 2022 PROJECTED RUN RATE
701-4365-75-0000 SS INSURANCE PROPERTY/ LIABILITY 9,352 11,686 10,414 13,164 15,900 13,100 12,155 -23.55% BASED ON 2021/2022 RENEWAL
701-4375-75-0000 SS MCES WASTE TREATMENT CHARGE 643,390 708,567 733,670 712,664 719,437 719,437 711,023 -1.17% 2022 MCES 4.0% rate increase, lower share of flow volume
701-4381-75-0000 SS ELECTRIC AND GAS UTILITIES 9,654 8,609 8,719 11,934 9,300 10,469 11,097 19.32% 2022 PROJECTED RUN RATE
TOTAL 1,029,372$ 1,133,409$ 1,134,511$ 1,118,027$ 1,175,954$ 1,117,214$ 1,164,498$ -0.97%
OPERATING INCOME (LOSS)69,566$ 3,258$ 77,889$ 106,854$ 94,129$ 193,394$ 155,483$ 65.18%
OTHER (INCOME) / EXPENSE
701-3723-0-0-00 SEWER CONNECTION FEES (23,800)$ (22,100)$ (1,700)$ (1,750)$ (34,000)$ -$ -$ -100.00%
701-3891-0-0-00 SS MISCELLANEOUS INCOME (12,559) (650) (650) (650) (650)$ (50) (100) -84.62%
701-3910-0-0-00 SS SALE OF ASSETS - - - - - - - 0.00%
701-4499-75-0000 SS MISCELLANEOUS EXPENSE 170 100 100 1,083 100$ 802 500 400.00%
TOTAL (36,189)$ (22,650)$ (2,250)$ (1,317)$ (34,550)$ 752$ 400$ -101.16%
NET INCOME (LOSS) BEFORE DEPRECIATION 105,754$ 25,908$ 80,139$ 108,171$ 128,679$ 192,642$ 155,083$ 20.52%
SEWER OPERATIONS
EXHIBIT E
2021 Utility rates survey
Cities Surveyed St Anthony St Anthony Adren Hills Roseville Columbia Heights Minneapolis Spring Lake Park Mounds View New Brighton
2022 Proposed 2021 ACTUAL 2021 ACTUAL 2021 ACTUAL 2021 ACTUAL 2021 ACTUAL 2021 ACTUAL 2021 ACTUAL 2021 ACTUAL
Water Charges
Flat fee / Min 21.25 17.75 42.77 34.57 33.45 13.75 8.87 19.00 29.20
Usage rate per gallon
Tier 1 3.19 3.13 3.41 3.18 5.01 4.92 1.84 2.50 3.65
Tier 2 3.37 3.3 4.38 3.98 6.27 2.07 2.75
Tier 3 3.70 3.63 7.75 4.98 2.30 3.48
Tier 4 4.24 4.16 2.73
Tier 5 5.32 5.22 3.03
Tier 6 3.36
Water Service Line repair Ins Chg NA NA NA NA NA NA NA 8.00 NA
Sewer Charges
Flat fee / Min 17.20 15.25 60.40 41.66 28.01 17.00 14.77 39.48 41.84
Non meter sewer NA NA 166.15 NA NA NA NA NA NA
Usage rate per gallon 4.64 4.64 6.22 2.65 3.03 6.47 0.82 3.14 5.23
Flat fee -MCES NA NA NA NA NA NA 67.26 NA NA
Storm Water Charges
Residential - SF 16.85 16.50 16.08 14.54 14.34 13.62 none 14.00 18.62
Residential - DUPLEX +16.85 16.5 20.85 14.54 14.34 13.62 none 14.00 75.57
APARTMENT / COND 51.21 50.17 131.27 112.51 94.59 NA none 76.55 123.37
Industrial / Commercial 63.98 62.67 205.95 224.91 208.13 NA none 118.90 231.24
Other Charges
Recycling charge NA NA NA NA NA NA 9.30 NA 9.25
Street light NA NA NA NA NA NA 4.30 4.50 11.21
Notes
Purchases
water from St.
Paul Regional
Water Services
Purchases
water from St.
Paul Regional
Water Services
Wells treat for
Iron, Maganese,
TCE'S AND 1.4
Dioxin
Wells treat for
Iron, Maganese,
TCE'S AND 1.4
Dioxin
Wells treat for Iron,
Maganese
Wells treat for
Iron, Maganese
and Radium
River water ,
Iron, GAC, Ultra
filtration
River water , Iron,
GAC, Ultra
filtration
purchased from
MPLS
Fiscal Year 2022
ACTUAL ACTUAL ACTUAL Actual BUDGET EST. ACTUAL BUDGET
REVENUES 2017 2018 2019 2020 2021 2021 2022
Water Operations 945,788$ 985,022$ 997,332$ $1,130,292 $1,178,842 $1,285,510 $1,291,631
Sewer Operations 1,098,938 1,136,667 1,212,400 1,224,881 1,270,083 1,310,608 1,319,981
Total Operating Revenues 2,044,726$ 2,121,689$ 2,209,732$ 2,355,173$ 2,448,925$ 2,596,118$ 2,611,611$
EXPENDITURES
Water Operations 841,508$ 1,077,197$ 1,063,120$ 1,026,775$ 1,155,398$ $1,097,552 $1,188,258
Sewer Operations 1,029,372 1,133,409 1,134,511 1,118,027 1,175,954 1,117,214 1,164,498
Total Operating Expenditures 1,870,880$ 2,210,606$ 2,197,631$ 2,144,802$ 2,331,352$ 2,214,766$ 2,352,755$
Combined Operating Income 173,846$ (88,918)$ 12,101$ 210,370$ 117,573$ 381,351$ 258,856$
Other (Income)/Expense
Water (34,837)$ (28,689)$ (12,036)$ 8,530$ (9,395)$ 500$ 500$
Sewer (36,189)(22,650)(2,250)(1,317)(34,550)752 400
Interest Income (16,714) (24,620) (25,000) (27,781) (7,500) (12,450) (6,250)
Depreciation Expense 352,399 371,766 611,728 631,728 656,728 656,728 673,146
Total Other (Income)/Expense 264,659 295,808 572,442 611,160 605,283 645,530 667,796
Net Income/(Loss) (90,813)$ (384,725)$ (560,341)$ (400,789)$ (487,710)$ (264,179)$ (408,940)$
Other Sources and Uses:
Transfers Out -$ -$ -$ -$ -$ -$ -$
Transfers In - - - - - - -
Debt Service Payments (145,750) (148,200) (145,600) (147,950) (150,200) (150,200) ($147,400)
Net Change in Assets / Liabilities (30,728) 49,417 (47,486) 114,365 - - -
Proceeds Bonding/Army - - - - - - -
Add back Depreciation Expense 352,399 371,766 611,728 631,728 656,728 656,728 673,146
Total Other Sources and Uses 175,921 272,983 418,642 598,143 506,528 506,528 525,746
Net increase (decrease) in cash 85,108$ (111,741)$ (141,699)$ 197,354$ 18,818$ 242,349$ 116,806$
BEGINNING CASH BALANCE 1,830,307 1,915,415 1,803,674 1,661,977 1,859,331 1,859,331 2,101,682$
ENDING CASH BALANCE 1,915,415$ 1,803,674$ 1,661,977$ 1,859,331$ 1,878,150$ 2,101,682$ 2,218,489$
UTILITY FUND SUMMARY
EXHIBIT F
Water and Sewer 10 year operating projection EXHIBIT G
Fiscal Year 2022
Assumptions 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Water Rates
Flat Fee N/A N/A 3.35$ 6.70$ 10.05$ 13.40$ 17.75$ 21.25$ 23.45$ 25.33$ 26.59$ 27.92$ 29.18$ 30.49$ 31.86$ 33.30$ 34.80$ 36.36$
Usage (Tier one) 3.10$ 3.10$ 3.07$ 3.07$ 3.07$ 3.13$ 3.19$ 3.26$ 3.35 3.45 3.56 3.67 3.78 3.89 4.01 4.13 4.25
Sewer Rates
Flat Fee N/A 3.20$ 6.40$ 9.64$ $12.80 15.25$ 17.20$ 18.20$ 19.20$ 19.87 20.57 21.34 22.14 22.97 23.83 24.72 25.65
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 7.12
Expenses
Met Council - $ Actual 593,381 576,237 643,390 708,567 733,670 712,664 719,437 711,023 743,019 780,170 823,079 868,349 916,108 966,494 1,019,651 1,075,732 1,134,897 1,197,316
Met Council - % Increase -4.57% -2.89% 11.65% 10.13% 3.54% -2.86% 0.95% -1.17% 4.50% 5.00% 5.50% 5.50% 5.50% 5.50% 5.50% 5.50% 5.50% 5.50%
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% 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% 3.50%
$469,346.00 $485,773.11 $502,775.17 $520,372.30 $538,585.33 $557,435.82 $576,946.07 $597,139.18 $618,039.05 $639,670.42
Actual Actual Actual Actual Actual Actual Est. Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected
REVENUES 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Water Operations 897,232$ 917,927 945,788 985,022 997,332 1,130,292 1,285,510 1,291,631 1,355,688 1,418,599 1,470,654 1,524,755 1,578,316 1,633,844 1,691,415 1,751,108 1,813,002 1,877,185
Sewer Operations 947,618 1,005,329 1,098,938 1,136,667 1,212,400 1,224,881 1,310,608 1,319,981 1,368,609 1,419,209 1,463,648 1,509,492 1,563,198 1,618,825 1,687,816 1,759,778 1,778,947 1,798,835
Total Operating Revenues 1,844,850$ 1,923,256$ 2,044,726$ 2,121,689$ 2,209,732$ 2,355,173$ 2,596,118$ 2,611,611$ 2,724,297$ 2,837,808$ 2,934,302$ 3,034,247$ 3,141,514$ 3,252,669$ 3,379,232$ 3,510,886$ 3,591,949$ 3,676,020$
EXPENDITURES
Water Operations 618,069$ 787,497 841,508 1,077,197 1,091,922 1,026,775 1,097,552 1,188,258 1,235,788 1,285,220 1,336,628 1,390,094 1,445,697 1,503,525 1,563,666 1,626,213 1,691,261 1,758,912
Sewer Operations 963,621 930,659 1,029,372 1,133,409 1,134,511 1,118,027 1,117,214 1,164,498 1,212,365 1,265,943 1,325,855 1,388,721 1,454,693 1,523,930 1,596,597 1,672,871 1,752,936 1,836,987
Total Operating Expenditures 1,581,690 1,718,156 1,870,880 2,210,606 2,226,432 2,144,802 2,214,766 2,352,755 2,448,153 2,551,163 2,662,483 2,778,815 2,900,390 3,027,455 3,160,263 3,299,084 3,444,197 3,595,899
Combined Operating Income 263,160$ 205,100$ 173,846$ (88,917)$ (16,700)$ 210,370$ 381,351$ 258,856$ 276,144$ 286,646$ 271,819$ 255,432$ 241,123$ 225,215$ 218,968$ 211,802$ 147,752$ 80,122$
Other (Income)/Expense
Water (1,938) (11,143) (40,051) (28,689) (12,036) 8,530 500 500 (2,550) (2,500) (2,450) (2,400) (2,350) (2,300) (2,250) (2,200) (2,150) (2,100)
Sewer (21,139) (14,045) (36,189) (22,650) (2,250) (1,317) 752 400 450 (2,600) (2,550) (2,500) (2,450) (2,400) (2,350) (2,300) (2,250) (2,200)
Interest income (499) (23,907) (11,500) (24,620) (25,000) (27,781) (12,450) (6,250) (11,749) (13,080) (18,335) (21,085) (23,629) (25,955) (28,350) (33,000) (35,000) (34,999)
Depreciation Expense 308,955 332,399 352,399 371,766 611,728 631,728 656,728 673,146 698,146 723,146 748,146 773,146 798,146 823,146 848,146 873,146 898,146 923,146
Total Other (Income)/Expense 285,380 283,304 264,659 295,807 572,442 611,160 645,530 667,796 684,297 704,966 724,811 747,161 769,717 792,491 767,491 742,491 717,491 692,491
Net Income/(Loss) (22,220)$ (78,204)$ (90,813)$ (384,724)$ (589,142)$ (400,789)$ (264,179)$ (408,940)$ (408,154)$ (418,320)$ (452,992)$ (491,729)$ (528,594)$ (567,276)$ (548,523)$ (530,689)$ (569,740)$ (612,370)$
Other Sources and Uses:
Transfers- in - 1,632,862 - - - - - - - - - - - - - - - -
Transfers Out CIP (15,000) (225,000) - - - - - - - - - - - - - - - -
Transfers Out - W/S Infrastructure - - - - - - - - (50,000) (175,000) (210,000) (255,000) (300,000) (345,000) (390,000) (435,000) (480,000) (525,000)
Army Reimbursements - 130,932 - - - - - - - - - - - - - - - -
Debt Service Payments (140,450) (138,150) (145,750) (148,200) (145,600) (147,950) (150,200) ($147,400) (149,550) (156,550) - - - - - - - -
Net Change in Assets / Liabilities (46,105) 49,451 (30,728) 49,417 (18,684) 114,365 - - - - - - - - - -
Add back Depreciation Expense 308,955 332,399 352,399 371,766 611,728 631,728 656,728 673,146 698,146 723,146 748,146 773,146 798,146 823,146 848,146 873,146 898,146 923,146
Total Other Sources and Uses 107,400 1,782,494 175,921 272,983 447,444 598,143 506,528 525,746 498,596 391,596 538,146 518,146 498,146 478,146 458,146 438,146 418,146 398,146
Net increase (decrease) in cash 85,180$ 1,704,290$ 85,108$ (111,740)$ (141,698)$ 197,354$ 242,349$ 116,806$ 90,443$ (26,724)$ 85,154$ 26,417$ (30,448)$ (89,130)$ (90,377)$ (92,543)$ (151,593)$ (214,223)$
BEGINNING CASH BALANCE 40,837 126,017 1,830,307 1,915,415 1,803,675 1,661,977 1,859,331 2,101,681 2,218,488 2,308,930 2,282,206 2,367,360 2,393,778 2,363,330 2,274,200 2,183,823 2,091,280 1,939,687
ENDING CASH BALANCE 126,017$ 1,830,307$ 1,915,415$ 1,803,675$ 1,661,977$ 1,859,331$ 2,101,681$ 2,218,488$ 2,308,930$ 2,282,206$ 2,367,360$ 2,393,778$ 2,363,330$ 2,274,200$ 2,183,823$ 2,091,280$ 1,939,687$ 1,725,463$
MINIMUM CASH BALANCE 755,400 779,235 827,325 855,430 882,177 933,008 1,015,573 1,017,937 1,057,649 1,102,486 978,101 1,011,416 1,047,171 1,084,223 1,126,411 1,099,695 1,148,066 1,198,633
NOTICE OF A PUBLIC HEARING
November 9, 2021, 7:00 p.m.
City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418
Notice is hereby given that the City of Saint Anthony Village 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.
The City Council agenda and packet item relating to this item will be made available prior to the meeting
online at www.savmn.com.
Ways to Comment:
Online
Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom
can be found at http://www.savmn.com/Calendar.aspx?EID=1206
In Person
The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver
Lake Road, in the Council Chambers at 7:00 p.m.
Written
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 public hearing.
Nicole Miller
City Clerk
ORDINANCE NO. 2021-05
SAINT ANTHONY VILLAGE, MINNESOTA
AN ORDINANCE AMENDING MULTIPLE SECTIONS OF CHAPTER 33 SEWER, WATER,
LICENSE AND PERMIT FEES, STORM WATER FACILITIES
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 $17.205.25 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 $21.255017.75 per residential equivalency unit.
(A) Residential.
RESIDENTIAL
Consumption
(gallons)
Rate/per 1,000 gallons
TIER I 0-7,500 $3.193
TIER II 7,500-15,000 $3.370
TIER III 15,000-22,500 $3.7063
TIER IV 22,500-30,000 $4.2416
TIER V Over 30,000 $5.3222
(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 $3.193
TIER II 7,500-53,500 $3.370
TIER III 53,500-175,000 $3.7063
TIER IV 175,000-300,000 $4.2416
TIER V Over 300,000 $5.3222
(D) Wilshire
Elementary.
WILSHIRE
Consumption(
gallons)
Rate/per 1,000 gallons
TIER I 0-7,500 $3.193
TIER II 7,500-510,000 $3.370
TIER III 510,000-610,000 $3.7063
TIER IV 610,000-710,000 $4.2416
TIER V Over 710,000 $5.3222
(E) St. Anthony High
School. SAVHS
Consumption
(gallons)
Rate/per 1,000 gallons
TIER I 0-7,500 $3.193
TIER II 7,500-850,000 $3.370
TIER III 850,000-1,150,000 $3.7063
TIER IV 1,150,000-1,450,000 $4.2416
TIER V Over 1,450,000 $5.3222
(F) Happy’s Potato
Chips. HAPPY’S
Consumption
(gallons)
Rate/per 1,000 gallons
TIER I 0-7,500 $3.193
TIER II 7,500-3,650,000 $3.370
TIER III 3,650,000-4,650,000 $3.7063
TIER IV 4,650,000-5,650,000 $4.2416
TIER V Over 5,650,000 $5.3222
§ 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.
§ 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 $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 $750450 for
Residential and $1,500 Commercial
Easement Vacation $200 and an Escrow deposit of $500
Final Plat $500 with an Escrow deposit of $750
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 $750 Escrow deposit
Rezoning (152.242) $750 with a $1,500 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 $750
Subdivision/Lot Split (151.03) $250 with a $1,5001,250 Escrow deposit
Variance (152.245) $750 and an Escrow deposit of $750450 for
Residential and $1,500 Commercial
§ 33.090 CHARGES FOR STORM WATER FACILITIES.
Classification Charge (per acre)
1 - Cemeteries, parks, golf courses, parks, golf courses,
railroads, vacant land $69.778.35
2 – R-1, R-1a, and R-2 residential $67.405.87
3 – R-3 Residential $67.405.87
4 – Schools and institutional uses $160.6057.33
5 – R-4 Residential, churches & manufactured home parks $204.840.67
6 – Commercial & Industrial $255.900.69
Effective Date: This ordinance shall become effective as of its publication.
First Reading: November 910, 20210
Second Reading: November 2324, 20210
Adopted: December 148, 20210
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Randy Stille, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: Star Tribune
Publication Date: December 1117, 20210
MEMORANDUM
To: Mayor Stille and St. Anthony Village City Council
City Manager Yunker
From: Stephen Grittman, City Planner
Date: City Council Meeting – November 9, 2021
NAC Project No. 323.01 – 20.05
Request: Request for Variance to Side Yard Fence Setback Requirements for
Driveway, Patio, and Shed, and to Maximum Impervious Surface
Requirements for Single Family Parcel
Property Address: 2912 Crestview Drive
Property PID: 06-029-23-43-0047
STAFF and PLANNING COMMISSION RECOMMENDATIONS
The applicant has constructed a series of improvements to their property at the above address,
including increased driveway width, a rear yard patio, and a rebuilt shed in the rear corner of
the property. For the concrete work, the applicable setback for driveways and patios is 5 feet.
Both surfaces have been constructed with a 2 foot setback, according to the sketch materials
provided by the applicant.
The shed was constructed in its current location as a replacement for a prior shed that was in
poor repair. The original structure was 10 feet by 10 feet, and placed up to the property lines
both to the north and west. The applicant’s new shed is 10 feet by 20 feet, also placed adjacent
to the property line with a zero setback. For such buildings, a setback requirement of 5 feet
applies, although an existing non-conforming structure can be replaced in its prior location,
provided the non-conformity is not increased.
Finally, staff’s estimates of impervious surface cover – including all paved areas and the areas of
the shed and home, totals approximately 42.5%. For single family parcels less than 9,000
square feet, an impervious surface maximum of 40% is required. As such, on this lot of 8,732
square feet, the allowable impervious area is exceeded by approximately 220 square feet.
Staff has reviewed for use, setbacks, and impervious surface, among other standards. Based on
the material presented by the applicant, and the requirements for variance consideration in the
City’s zoning ordinance, Staff and Planning Commission recommend as follows:
November 9, 2020
Page 2
1. Side Yard Setback Variance for Driveway, reducing the required 5 foot setback to 2 feet.
Staff and Planning Commission recommend approval, based on a finding that the current
garage and driveway are inadequate to provide reasonable access and parking area on the
property, and that further expansion to the interior of the lot would create other zoning issues.
The Planning Commission made this recommendation with one negative vote.
2. Side Yard Setback Variance for Patio, reducing the required 5 foot setback to 2 feet. Staff
and Planning Commission recommend denial, based on a finding that the threshold
requirements for unique conditions and definition of reasonable use are not met according to
the requirements of the zoning ordinance for variance consideration. A portion of the patio
should be removed to meet the 5 foot setback. The Planning Commission made this
recommendation unanimously.
3. Side and Rear Yard Setback Variance for Shed Expansion from 5 feet to 0 feet. Staff and
Planning Commission recommend denial, based on a finding that the threshold requirements
for unique conditions and definition of reasonable use are not met according to the
requirements of the zoning ordinance for variance consideration. The applicant may choose to
remove a portion of the shed to retain the prior non-conformity setbacks for a 10’ by 10’ shed,
or relocate the expanded shed to meet the 5 foot setback. The Planning Commission made this
recommendation unanimously.
4. Impervious Surface Variance from 40% maximum coverage to 43% coverage. Staff and
Planning Commission recommend denial, based on a finding that the threshold requirements
for unique conditions and definition of reasonable use are not met according to the
requirements of the zoning ordinance for variance consideration. The applicant should work
with Code Enforcement to remove at least 220 square feet of impervious area (this amount
based on staff estimates), or provide a survey that demonstrates a different amount of removal
to meet the maximum allowable coverage of 40% (3,715 square feet). The Planning
Commission made this recommendation unanimously.
Because these improvements were completed prior to permitting or zoning approval, denial of
the variances noted would require removal of some of the improvements made to the
property.
GENERAL INFORMATION
Applicant: Greg Stull
Owner: Cynthia Stull
Location: 2912 Crestview Drive
Existing Land Use Low-Density Residential
Zoning: R-1 Single Family District
November 9, 2020
Page 3
Surrounding Land North: Low-Density Residential / Zoned: R-1 Single Family District
Use / Zoning: East: Low-Density Residential / Zoned: R-1 Single Family District
South: Low-Density Residential / Zoned: R-1 Single Family District
West: Low-Density Residential / Zoned: R-1 Single Family District
Deadline for Agency Application Complete Date: 9/30/2021
Action: 60 Days: 11/29/2021
Letter Sent: No
120 Days: 1/28/2022
ANALYSIS
1. Background
As stated above, the applicant has
constructed several improvements to
the property over the past several
months that were found to violate
required zoning standards. The
applicant is seeking variances to
approve, after the fact, the construction
and location of those improvements.
The applicant has filed the appropriate
applications for the permitting of those
projects – again, after the fact.
However, upon those filings, it was
found that many of the improvements
did not comply with applicable zoning
regulations. Thus, the applicant is
seeking variances for those violations.
The zoning ordinance sets out a series
of criteria necessary to qualify for
variance consideration. Those criteria
are found in §152.245, (C) Evidence of
the Zoning Chapter, and are quoted in
this report for reference below. The
criteria can be summarized as whether
there are unique conditions on the
property that contribute to creation of
a practical difficulty in putting the
property to what would otherwise be
considered a reasonable use –
reasonable use is often thought of as
one that would be common and
acceptable in the area. Variances may
November 9, 2020
Page 4
not be entirely economic in nature, nor be the result of the actions of the applicant.
Thus, for variance consideration, there is a two-step test. First is the definition of “reasonable
use”. The proposed use must be one that is reasonable for the property, given the
characteristics of the property and the neighborhood.
The second test is whether there are unique physical conditions on the property that require
consideration of a variance to reach the reasonable use as defined. The parcel itself is a typical
residential parcel of common dimensions and use, however, the applicant suggests that the
width of the garage and the driveway leading to it impede his family’s ability to make use of the
property, particularly given the accessibility issues they face.
The specific variance requests are addressed independently below.
1. Driveway setback. The zoning ordinance requires a driveway setback from the side lot
line of 5 feet. In some instances, the City engineer or public works director can approve
a setback of as little as 3 feet. The applicant’s as-built setback is shown as 2 feet, based
on the sketch materials provided as part of the application.
The applicant supports his variance request based on a issues related to accessibility,
and his family’s special needs for wheelchair access. While this is not typically a land-
based argument, the existing garage and prior driveway width (16 feet) limits
reasonable accessibility for common driveway parking areas. The applicant notes that
he increased the driveway by two feet toward to the interior of the lot to line up with
the edge of the garage – the limits of that construction. To supplement this, the
applicant then expanded the width of the driveway 5 feet toward the side lot line,
resulting in the now-existing 2 foot setback.
The applicant suggests that the expansion as completed was done to align with an
existing sidewalk that leads from the front driveway to the rear yard. Sidewalks of 3
feet or less in width are permitted to have a 1 foot setback, so the sidewalk complies
with code.
Applying the unique conditions and reasonable use tests noted above, staff believes
that the applicant’s burden has been met with this design. The existing garage width,
and the previously narrow driveway, are not typical of most single family home
driveways, with commonly have widths of up to 25 feet in accordance with the zoning
ordinance regulations for these improvements. The location of the garage was a pre-
existing condition of the property, not created by the applicant. Thus, staff
recommends approval of the variance for driveway setback.
2. Patio setback. The applicant constructed a rear patio behind the existing garage that
connected to the existing sidewalk. As stated by the applicant, he continued the line of
the sidewalk as it became patio. According to the City’s zoning regulations, a patio is
any paved recreational space that is greater than 3 feet in width. Patios are required to
maintain setbacks of 5 feet from the property line to facilitate drainage and buffer fence
or landscaping between the owner’s outdoor recreation area and the neighbor’s
outdoor spaces. The paved area would be considered sidewalk for the length of the
pavement that is 3 feet or less in dimension. As such, the encroachment area is that
November 9, 2020
Page 5
portion of the patio that extends along the side lot line and is more than 3 feet from the
rear wall of the garage. The first 3 feet would be considered consistent with the
sidewalk connection to the front driveway area.
Again applying the variance criteria of reasonable use and unique conditions, staff does
not believe that the test is met for the patio space. While accessibility issues can be
addressed by a 3 foot walk, the patio beyond that point is not required for wheelchair
access. The patio could be expanded farther into the rear yard while maintaining the 5
foot setback (notwithstanding the impervious issues addressed below), so square
footage and usability is not at issue for this aspect of the project.
As such, staff finds that there are no unique conditions that require a patio setback
encroachment to make reasonable use of this property. Staff recommends denial of the
patio setback encroachment, recommending instead that the portion of the patio area
more than 3 feet beyond the rear garage wall (to account for accessible sidewalk access)
be removed to a setback of at least 5 feet.
3. Shed Setback. The replacement shed sits in the northwest corner of the lot, with little
if any setbacks from either the west or north property lines. The required setback for
such structures is 5 feet from both side and rear lot lines. The applicant notes that prior
to construction of this shed, another accessory shed occupied the corner of the lot, but
with a dimension of 10 feet by 10 feet. That shed was in a state of disrepair and
required replacement.
The zoning ordinance permits the replacement on non-conformities under specific
timing and other provisions, but with the requirement that no expansion of the non -
conformity is permitted. Thus, a replacement shed could have been placed in the same
location, with the same zero setback and same 10’ by 10’ dimension. In this case, the
applicant’s replacement structure was expanded to 10 feet by 20 feet, resulting in new
encroachments into the required 5 foot setback along the rear property line.
Evaluating the shed setback variance according to the variance criteria noted above,
staff believes that the criteria are not met by the request. There is ample space on the
property to locate the expanded building away from the property lines to meet the
required setback. In the alternative, the applicant has the ability to continue the non -
conformity with a 10’ by 10’ building replacement. There are no apparent unique
aspects of this parcel that suggest reasonable use consists of an expanded setback
violation. As such, staff recommends denial of the variance. The applicant’s options in
event of a denial are to remove a portion of the shed to return to the 10’ by 10’ sized
building on the property line, or relocate the existing structure to meet the 5 foot
setback requirement along both property lines.
4. Impervious Surface. With the improvements now in place, the applicant has expanded
impervious surfaces on the property through the driveway expansions, the patio, and
the larger shed. The standard for lots of As noted above, it appears (based on staff’s
calculations from aerial photography) that the applicant exceeds the allowable
November 9, 2020
Page 6
impervious surfaces on by approximately 220 square feet. A survey would be necessary
to be more precise.
The City has been rigorous in enforcing the impervious surface standards due to overall
stormwater management issues, including specific areas of flooding in the past, and a
number of variances have been denied for similar exceptions, or potential applicants
cautioned that variances for future projects are unlikely. The ordinance has been
structured to allow a slightly higher percentage for lots such as that of the applicant,
increasing the standard allowance from 35% to 40% for smaller existing lots, under
9,000 square feet.
For a lot of 8,732 square feet, a total impervious surface area – including all paved areas
within the boundaries of the parcel, as well as roof coverage of both principal and
accessory buildings, the maximum allowable impervious area is 3,493 squar e feet.
Measurement taken by staff from aerial photography indicate a total current coverage
(including the improvements placed by the applicant prior to permitting) of
approximately 3,715 square feet. As noted above, the applicant could have a survey
prepared to demonstrate a different number.
However, under the current estimates, the applicant must remove 220 square feet of
impervious area, or receive a variance to accommodate the current higher square
footage. Had the applicant applied for the required building and/or zoning permits for
the various improvements, staff would have notified him of the impervious standard,
and cautioned him of the need to limit construction to the allowable area.
In viewing the projects as if they were being proposed prior to construction, there is no
apparent unique condition that supports the need for a variance to make reasonable
use of the property. For the driveway discussed above, the expanded area adds about
210 square feet of coverage. The shed covers 200 square feet, 100 square feet of which
is expanded coverage from the original condition. The patio adds approximately 375
square feet of coverage (again, estimating from aerial photography), about 75 square
feet of which appears to be in the required setback.
Staff recommends against the impervious surface variance, and further recommends
that at least 220 square feet of current impervious surface area is removed from the
property. As highlighted previously, the applicant may present a survey that accounts
for current conditions, and which may modify that total to match the maximum
allowable coverage of 3,715 square feet.
2. Representative Codes Referenced.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES.
3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage,
Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council
must consider in determining whether to grant or deny a variance.
Request: Request for a 5-foot variance from the required side yard setback. The applicable
criteria include:
November 9, 2020
Page 7
1. The subject matter of the application is within the scope of this section.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning code;
b. The plight of the property owner is due to circumstances unique to the property
not created by the property owner;
c. The variance, if granted, will not alter the essential character of the locality; and
d. Economic considerations alone are not the basis of the practical difficulties.
3. The variance, if granted, would be consistent with the City’s comprehensive land use
plan.
4. The granting of the variance is in harmony with the general purposes and intent of the
zoning code.
SUMMARY AND STAFF RECOMMENDATION
Side Yard Setback and Impervious Surface Variances. Four separate variances are necessary to
accommodate the improvements that the applicant has made to the property. Those are
summarized as follows, with a staff recommendation for each individual request.
RECOMMENDED COUNCIL ACTION
Decision 1. Variance to Side Yard Setback for Driveway
1. Motion to recommend approval of the request for a variance to the side yard setback
for construction of a driveway, based on findings noted by staff recommendation.
ALTERNATIVE ACTIONS
2. Motion to deny the variance as requested. In the event of a motion for denial, the City
Council should identify findings supporting the action for the record.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
Decision 2. Variance to Side Yard Setback for Patio
1. Motion to deny the variance as requested, based on the findings in the City Council
resolution.
November 9, 2020
Page 8
ALTERNATIVE ACTIONS
2. Motion to approve the request for a variance to the side yard setback for construction
of a patio. In the event of a motion for approval, the City Council should identify factors
leading to the approval as the findings for the record.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
Decision 3. Variance to Side and Rear Yard Setback for Shed
1. Motion to deny the variance as requested, based on the findings in the City Council
resolution.
ALTERNATIVE ACTIONS
2. Motion to approve the request for a variance to the side yard setback for construction
of a shed. In the event of a motion for approval, the City Council should identify factors
leading to the approval as the findings for the record.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
Decision 4. Variance to Impervious Surface
1. Motion to deny the variance as requested, based on the findings in the City Council
resolution.
ALTERNATIVE ACTIONS
2. Motion to approve the request for a variance to the impervious surface requirements. In
the event of a motion for approval, the City Council should identify factors leading to
the approval as the findings for the record.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
ATTACHMENTS
Exhibit A: Application and Supporting Material
Letter of Explanation.
Attn: Stephen Grittman
St. Anthony City Planner
Northwest Associated Consultants, Inc.
4150 Olson Memorial Hwy, #320
Golden Valley, MN 55421
Dear Stephen and to Whom it May Concern.
I felt I needed to explain and apologize for my error in judgement and not following the city of
St Anthony's requirements.
My wife and I bought our forever home on Crestview Drive in Sept of 2013. Shortly after that time we
remodeled the interior of the home and more recently a window replacement project while pulling all
the necessary required permits. I personally had a job at that time that allowed me to perform and coor-
dinate these projects for our very dated home.
A few years later I started a new job driving truck over the road which kept me away from our home all
week. At that time, I became a weekend warrior with the outdoor projects that I wanted to complete.
With an extreme schedule that took me away from home, left me doing these projects outside without
having much time to pull the required permits or variances. By no means is this an excuse. I just wanted
to share the “why” and that it wasn't because I didn't care or did it with malice or to try and save some
money. I just got carried away in my quest to accomplish these projects on the weekends.
For this, I truly apologize.
I have now applied for the appropriate permits and variances outlined in your letter to us Stephen.
We love Saint Anthony and we love our neighbors. :)
Attached you will find letters from the neighbors that I think would be directly effected by the Driveway/
Patio and Shed.
Thank you,
Dear Steve Grittman (City Planner) and the City Counsel of St Anthony,
Our motivation for our family to expand the driveway was essential for safe and ease of loading and unload-
ing because my brother is confined to a wheelchair and my sister-in-law who has a lot of trouble walking,
both suffer from Cerebral Palsy. (See Photos and diagrams) We have filled out a “Land Use” Application for
our driveway, patio and shed.
Like the previous owners, we have family that also have disabilities.
The previous owners increased the width of the driveway by adding rock along side it.
This was not a very good option for us when we purchased the home. The rock was dan-
gerous and unsightly, and was weedy and washing out into the neighbor. We chose to
remove this and expand the driveway with concrete. (See Photos and letter from the
next door neighbor).
We also wanted to create some outdoor living space with a patio for the family to enjoy
during the summer without having to transport my brother into the home and up the
stairs on a very small ramp I built which is removable. The size and position of the patio
was lined up with the existing sidewalk so the wheelchair could travel straight through
along the garage and onto the patio.
(See photo and diagram).
When we purchased the home, the shed was very old, rusty 10x10 metal shed that sat
along the property line and in between a tree. The New shed is a wood constructed
shed that measures 10x20 and was placed in the same
location between the tree and property line.
(See Photos and letter from the neighbor behind us).
View from the neighbor to the rear.
LAND USE APPLICATION:
DRIVEWAY — PATIO — SHED
2912 CREST VIEW DRIVE
GREG AND CYNDEE STULL
612-709-2000 gregstull@live.com
Land Use/Variance 2912 Crestview Dr
Parking for 4 cars needed.
Space for Loading and Unloading my Disabled
Brother and sister-in-law.
Expanded driveway, lined it up with existing garage
sidewalk.
Existing
Sidewalk.
Expanded
Driveway
Neighbors garage and concrete is on the
property line shown here. All and all the
driveways look good and line up nicely.
New
Driveway
Property Line
2’ from Driveway.
Same as neighbors
Driveway.
Existing
Sidewalk.
2’ Minimum space before grass or snow.
3’ Minimum space between vehicles.
3.5’ Barely is enough to unload
and load my brother or sister between the car and grass or snow.
Property Line
11/4/2021
1
CITY COUNCIL
NOVEMBER 9, 2021
2912 CRESTVIEW DRIVE
-Variance for Driveway Setback
-Variance for Patio Setback
-Variance for Shed Expansion Setback
-Variance for Impervious Surface
2912 CRESTVIEW DRIVE
FENCE HEIGHT VARIANCE
11/4/2021
2
2912 CRESTVIEW DRIVE
VARIANCES TO DRIVEWAY, PATIO, AND SHED SETBACKS, IMPERVIOUS SURFACE
Expanded Driveway w/ 2 foot
setback (5 req’d)
Patio, with 2 foot setback (5 req’d)
Expanded Shed w/ 0 setback (5
req’d)
Impervious Surface to 43% (40%
req’d)
2912 CRESTVIEW DRIVE
VARIANCE CRITERIA SUMMARY
VARIANCE CRITERIA:
Use is a reasonable one, given the character of the neighborhood
Unique conditions exist on the property
Those conditions create practical difficulties in putting the property to that
reasonable use; and
Conditions cannot be created by the owner;
Conditions cannot be solely economic in nature.
11/4/2021
3
2912 CRESTVIEW DRIVE
VARIANCES -STAFF RECOMMENDATIONS
Staff and Planning Commission recommend the following:
1. Side Yard Setback Variance for Driveway, reducing the required 5 foot setback to 2 feet.
Staff and Planning Commission recommend approval, based on a finding that the current
garage and driveway are inadequate to provide reasonable access and parking area on the
property, and that further expansion to the interior of the lot would create other zoning issues.
2. Side Yard Setback Variance for Patio, reducing the required 5 foot setback to 2 feet. Staff
and Planning Commission recommend denial, based on a finding that the threshold
requirements for unique conditions and definition of reasonable use are not met according to
the requirements of the zoning ordinance for variance consideration. A portion of the patio
should be removed to meet the 5 foot setback.
2912 CRESTVIEW DRIVE
VARIANCES -STAFF AND PLANNING COMMISSION RECOMMENDATIONS
3. Side and Rear Yard Setback Variance for Shed Expansion from 5 feet to 0 feet. Staff and
Planning Commission recommend denial, based on a finding that the threshold requirements
for unique conditions and definition of reasonable use are not met according to the
requirements of the zoning ordinance for variance consideration. The applicant may choose to
remove a portion of the shed to retain the prior non-conformity setbacks for a 10’ by 10’ shed,
or relocate the expanded shed to meet the 5 foot setback.
4. Impervious Surface Variance from 40% maximum coverage to 43% coverage. Staff and
Planning Commission recommend denial, based on a finding that the threshold requirements
for unique conditions and definition of reasonable use are not met according to the
requirements of the zoning ordinance for variance consideration. The applicant should work
with Code Enforcement to remove at least 220 square feet of impervious area (this amount
based on staff estimates), or provide a survey that demonstrates a different amount of removal
to meet the maximum allowable coverage of 40% (3,715 square feet).
NOTICE OF A PUBLIC HEARING
October 19, 2021, 7:00 p.m.
City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418
Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public
hearing to solicit public response to proposed variances to encroach into the required setbacks for patio,
driveway, shed, and a variance request to exceed impervious surface maximums at the property located
at 2912 Crestview Drive.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com.
Ways to Comment:
Online
Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom
can be found at http://www.savmn.com/Calendar.aspx?EID=1229
In Person
The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver
Lake Road, in the Council Chambers at 7:00 p.m.
Written
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 public hearing.
Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing.
Questions?
Questions may be directed to the City Planner at 763-957-1100.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting tentatively scheduled on November 9, 2021 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 21-080
A RESOLUTION DENYING A REQUEST FOR VARIANCES FROM THE REQUIRED
SETBACKS FOR PATIO AND ACCESSORY BUILDING (SHED), DENYING A
REQUEST FOR A VARIANCE FROM THE MAXIMUM IMPERVIOUS SURFACE,
AND APPROVING A VARIANCE FOR SIDE YARD SETBACK FOR A DRIVEWAY
WHEREAS, the City of St. Anthony Village received a request from Greg and Cynthia Stull for
variances from the required setbacks for Driveway, Patio, and Accessory Building, and for
Maximum Impervious Surface at 2912 Crestview Drive, legally described as follows:
Lot 5, Block 3, Crestview Terrace (Subject Property); and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable setbacks for driveway, patio, and accessory building is 5 feet for the Subject Property;
and
WHEREAS, the applicable maximum impervious surface for the property is 40%; and
WHEREAS, Title XV Land Usage, Chapter 152 Zoning Code Section §152.245 provides that
City Council must provide evidence that the subject matter of the application is within the scope
of the section and that strict enforcement would cause practical difficulties; and
WHEREAS, the Applicant has requested a variance from the each of the standards identified
herein; and
WHEREAS, the driveway expansion request includes aspects of the property that meet the
standards for variance consideration; and
WHEREAS, the patio setback, shed setback, and impervious surface requests do not meet the
standards for variance consideration; and
WHEREAS, the Planning Commission held a public hearing on October 19, 2021 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval of the driveway setback:
1.The applicant’s property limits the reasonable use of the prior driveway for parking and
accessibility in normal use.
2.Other alternative expansions of the driveway create additional conflicts with zoning
ordinance requirements and land use policy.
3.The applicant has shown unique conditions on the property that interfere with putting the
property to a reasonable residential use.
4.Circumstances that would lead to variance approval are not the result of the actions of the
owner; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for denial of the patio setback, the accessory shed setback, and the impervious surface coverage:
1.The applicant has not shown that the variance requests are necessary to put the property
to reasonable use under the applicant zoning regulations.
2.The patio setback, shed setback, and impervious surface amounts can be met while
putting the property to reasonable use by modifying the improvements that were
constructed prior to required permitting.
3.There are no unique conditions present on the property that create practical difficulties in
putting the property to reasonable use.
4.The applicant could retain the prior shed setbacks by retaining non-conformity rights for
the prior sized shed, but not with its expansion.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and denies the requested variances to the required setbacks for patio and shed, and for
impervious surface, as shown on the application dated 9/30/2021.
Passed in regular session of the City Council on the 9th day of November 2021.
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Randy Stille, Mayor
ATTEST:_________________________________
City Clerk
Review for Administration: _______________________________________
Charlie Yunker, City Manager
MEMORANDUM
To:Mayor Stille and St. Anthony Village City Council
City Manager Yunker
From:Stephen Grittman, City Planner
Date:City Council Meeting – November 9, 2021
NAC Project No.323.01 – 20.05
Request:Request for Variance to Front Yard Fence Setback for 6 Foot Tall Fence
Property Address:3501 Maplewood Drive
Property PID:06-029-23-11-0093
STAFF and PLANNING COMMISSION RECOMMENDATION
The applicant proposes to construct a fence to enclose a proposed swimming pool on the west
side of their property at the above address. Fences are allowed to be up to 6 feet in height in
side and rear yards (behind the front building setback line), and 4 feet in height in front yards.
The applicant is proposing to extend the fence toward the Maplewood Drive property line, into
the setback area that requires a height of no more than 4 feet, but build it at the 6 foot height.
That encroachment of a 6 foot high fence requires approval of a variance.
The proposed encroachment is approximately 8 feet into the required setback.
Staff has reviewed for height, use, other setbacks, and impervious surface. One of the prior
issues, combined with the setback/height request, was impervious surface on the lot, given the
new pool, pool deck, and existing rear yard shed. The applicant has reduced the size of the
proposed pool, and will be removing the existing shed to meet the impervious surface
standards of the code.
The Planning Commission recommended approval on a unanimous vote, suggesting that the
encroachment aspect of the proposal was most persuasive, acknowledging that a 6-foot tall
fence is allowed in many areas, and a 5-foot tall fence is a requirement for swimming pool
protection.
November 9, 2020
Page 2
GENERAL INFORMATION
Applicant:Anthony Farah
Owner:Anthony and Alexia Farah
Location:3501 Maplewood Drive
Existing Land Use Low-Density Residential
Zoning:R-1 Single Family District
Surrounding Land North: Low-Density Residential / Zoned: R-1 Single Family District
Use / Zoning:East: Low-Density Residential / Zoned: R-1 Single Family District
South: Low-Density Residential / Zoned: R-1 Single Family District
West: Low-Density Residential / Zoned: R-1 Single Family District
Deadline for Agency Application Complete Date: 7/06/2021
Action:60 Days: 9/04/2021
Letter Sent:No
120 Days:11/03/2021
ANALYSIS
1.Background
The applicant is proposing to construct
a fence to enclose a future swimming
pool. The fence regulations require
that fences closer than the front
building line on a single family parcel
may be no greater than 4 feet in
height. The applicant’s preferred
design would be to establish a fence
of 6 feet in height to increase privacy.
The applicant also notes that two
properties to the east of the subject
property have fences of 6 feet that
encroach into the front yard setback,
similar to the situation he finds himself in. The parcel in question is shown on the zoning map
above, is 80 feet in width and approximately 10,560 square feet in area.
The zoning ordinance sets out a series of criteria necessary to qualify for variance
consideration. Those criteria are found in §152.245, (C) Evidence of the Zoning Chapter, and
are included in this report for reference below. The criteria can be summarized as whether
there are unique conditions on the property that contribute to creation of a practical difficulty
in putting the property to what would otherwise be considered a reasonable use – reasonable
November 9, 2020
Page 3
use is often thought of as one that would be common and acceptable in the area. Variances
may not be entirely economic in nature, nor be the result of the actions of the applicant.
In this case, the property owner has a rear year that is approximately 40 feet wide east to west,
and 50 deep north to south. The applicant is proposing a pool of 36 feet in length, and up to 22
feet in width. This would, with the removal of the shed, leave approximately 300 square feet of
potential decking around the pool. There is no specific standard or requirement for pool
decking, although the decking (concrete or otherwise) requires a zoning permit from the City. It
would be up to the applicant to demonstrate that the proposed pool decking would not exceed
the amount of impervious surface allowance for the property.
For variance consideration, there is a two-step test. First is the definition of “reasonable use”.
There is no specific presumption that a pool of any particular size is an integral component of
residential use.
The second test is whether there are unique physical conditions on the property that require
consideration of a variance to reach the reasonable use as defined. The parcel itself is a typical
residential parcel of common dimensions and use.
For both the reasonable use and unique conditions arguments, in viewing properties along the
north side of Maplewood Drive, each of the principal buildings encroach into the setbacks
adjoining that road to a point equal to, or much closer than, the applicant’s property. The
applicant’s proposed encroachment with the fence would be equal to the current setback of
the front porch, which is approximately 22 feet from the right of way line, an encroachment of,
at most, 8 feet into the required 30 foot setback.
Due to the angle of the house on the lot, the fence would equal this encroachment, requiring
the 8 foot variance for a 6-foot tall fence. It is noted that a 4-foot tall fence in this location
would be allowed without variance. As discussed, this encroachment is essentially the same as
other structures on the same frontage for 1-2 blocks in either direction, or in some cases, much
less that the setbacks of the homes to the west, which appear to be less than 15 feet from the
right of way.
Combined with the angle of the house, the current front porch location, and the homes on
adjoining lots, staff believes that the proposed 6 foot tall fence meets the tests for variance
with an encroachment of up to 8 feet into the required 30 foot setback from Maplewood Drive.
This finding is conditioned on the applicant’s ability to prove compliance with the impervious
surface standards including existing improvements on the lot, removal of the shed, and both
the proposed pool and any pool deck that is to be constructed. The applicant will need to
document those square footages as a part of the pool and zoning permits required for
construction.
2.Representative Codes Referenced.
Title XV Land Usage, Chapter 150 Zoning Code, Section 150.072, Fence Regulations.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES.
November 9, 2020
Page 4
3.Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage,
Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council
must consider in determining whether to grant or deny a variance.
Request: Request for an 8-foot variance from the required side yard setback. The applicable
criteria include:
1.The subject matter of the application is within the scope of this section.
2.Strict enforcement would cause practical difficulties because:
a.The property owner proposes to use the property in a reasonable manner not
permitted by the zoning code;
b.The plight of the property owner is due to circumstances unique to the property
not created by the property owner;
c.The variance, if granted, will not alter the essential character of the locality; and
d.Economic considerations alone are not the basis of the practical difficulties.
3.The variance, if granted, would be consistent with the City’s comprehensive land use
plan.
4.The granting of the variance is in harmony with the general purposes and intent of the
zoning code.
SUMMARY AND STAFF/PLANNING COMMISSION RECOMMENDATION
Side Yard Setback Variance. Staff and Planning Commission recommend approval of the
requested front yard fence height encroachment variance at 3501 Maplewood Drive based on
the following findings:
A.The applicant is able to construct a swimming pool, pool deck, and privacy fencing
within the proposed 8 foot setback encroachment.
B.A pool of the size, along with any associated construction such as a pool deck, that
would encroach into the front yard will require additional verification of compliance
with the terms of the City’s impervious surface maximum for residential lots of this
size.
C.The applicant has shown unique conditions on the property that interfere with putting
the property to a reasonable residential use, with reasonable use being defined in this
case as the significant encroachments toward Maplewood Drive that exist on most of
the surrounding properties to the east and west.
D.Circumstances that would lead to variance approval are the result of the actions of
prior owners, and those owners in the neighborhood, and not the actions of the
applicant.
November 9, 2020
Page 5
RECOMMENDED ACTION
Decision 1. Variance to Side Yard Setback
1.Motion to approve the request for a variance to the front yard setback for
construction of a fence of up to 6 feet in height, based on findings identified in the
resolution.
ALTERNATIVE ACTIONS
2.Motion to recommend denial of the variance as requested. In the event of a
recommendation for denial, the City Council should identify findings supporting the
action for the record.
3.Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
ATTACHMENTS
Exhibit A:Application and Supporting Material
11/4/2021
1
CITY COUNCIL
NOVEMBER 9, 2021
3501 MAPLEWOOD DRIVE
-Fence Height Variance in Front Yard
3501 MAPLEWOOD DRIVE
FENCE HEIGHT/ENCROACHMENT VARIANCE
11/4/2021
2
3501 MAPLEWOOD DRIVE
FENCE HEIGHT/ENCROACHMENT VARIANCE
Project Description
Construct a 6 foot
tall fence a total of 8
feet into front yard
setback (4’ allowed)
3501 MAPLEWOOD DRIVE
FENCE HEIGHT/ENCROACHMENT VARIANCE
VARIANCE CRITERIA:
Use is a reasonable one, given the character of the neighborhood
Unique conditions exist on the property
Those conditions create practical difficulties in putting the property to that
reasonable use; and
Conditions cannot be created by the owner;
Conditions cannot be solely economic in nature.
11/4/2021
3
3501 MAPLEWOOD DRIVE
FENCE HEIGHT/ENCROACHMENT VARIANCE –
STAFF AND PLANNING COMMISSION RECOMMENDATIONS
Staff and Planning Commission recommend approval of the requested (and amended) front
yard fence height/Encroachment variance at 3501 Maplewood Drive based on the following
findings:
A.The applicant is able to construct a swimming pool, pool deck, and privacy fencing within the
proposed 8 foot setback encroachment.
B.A pool of the size, along with any associated construction such as a pool deck, that would
encroach into the front yard will require additional verification of compliance with the terms
of the City’s impervious surface maximum for residential lots of this size.
C.The applicant has shown unique conditions on the property that interfere with putting the
property to a reasonable residential use, with reasonable use being defined in this case as
the significant encroachments toward Maplewood Drive that exist on most of the
surrounding properties to the east and west.
D.Circumstances that would lead to variance approval are the result of the actions of prior
owners, and those owners in the neighborhood, and not the actions of the applicant.
NOTICE OF A PUBLIC HEARING
August 17, 2021, 7:00 p.m.
City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418
Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public
hearing to solicit public response to a proposed 2 foot variance from the 4 foot height maximum for
fences located in the front yard setback at the property located at 3501 Maplewood Drive.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com.
Ways to Comment:
Online
Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom
can be found at http://www.savmn.com/Calendar.aspx?EID=1227
In Person
The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver
Lake Road, in the Council Chambers at 7:00 p.m.
Written
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 public hearing.
Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing.
Questions?
Questions may be directed to the City Planner at 763-957-1100.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting tentatively to be scheduled on September 14, 2021 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 21-081
A RESOLUTION APPROVING A REQUEST FOR A VARIANCE FROM
THE REQUIRED MAXIMUM HEIGHT FOR A FENCE IN THE FRONT YARD
WHEREAS, the City of St. Anthony Village received a request from Anthony Farah for a
variance from the required maximum height for a fence in the front yard at 3501 Maplewood
Drive, legally described as follows:
Lot 23, Block 5, Wilshire Park 4th Addition (Subject Property); and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable fence height for the front yard is 6 feet for the Subject Property on the south side of
the home; and
WHEREAS, Title XV Land Usage, Chapter 152 Zoning Code Section §152.245 provides that
City Council must provide evidence that the subject matter of the application is within the scope
of the section and that strict enforcement would cause practical difficulties; and
WHEREAS, the Applicant has requested a 5 foot variance from the fence height dimension
requirements to accommodate space for a swimming pool; and
WHEREAS, the impervious surface limits on the property could, pending verification, permit a
swimming pool and appurtenant deck and fence within the approved setback with variance; and
WHEREAS, the Planning Commission held a public hearing on August 17 and September 21,
2021 on the application and the applicant and members of the public were provided the
opportunity to present information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
1.The applicant is able to construct a swimming pool, pool deck, and privacy fencing
within the proposed 5 foot setback encroachment.
2.A pool of the size, along with any associated construction such as a pool deck, that would
encroach into the front yard will require additional verification of compliance with the
terms of the City’s impervious surface maximum for residential lots of this size.
3.The applicant can show unique conditions on the property that interfere with putting the
property to a reasonable residential use, with reasonable use being defined in this case as
the significant encroachments toward Maplewood Drive that exist on most of the
surrounding properties to the east and west.
4.Circumstances that would lead to variance approval are the result of the actions of prior
owners, and those owners in the neighborhood, and not the actions of the applicant.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and approves the requested variance to the required fence height of six feet, with a setback
encroachment of 5 feet, as shown on the application dated 7/6/2021, and as amended on August
26, 2021.
Passed in regular session of the City Council on the 9th day of November 2021.
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Randy Stille, Mayor
ATTEST:
By:_________________________________
Review for Administration: _______________________________________
Charlie Yunker, City Manager
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-082
CANVASSING BOARD RESOLUTION
WHEREAS, on November 2nd, 2021, a general election was held in the City of St.
Anthony for the offices of two Council Members and;
WHEREAS, the candidates received the number of votes specified in the Abstract of
Votes attached to this Resolution and;
NOW THEREFORE BE IT RESOLVED, that Wendy Webster and Jan Jensen, having
receiving the greatest number of votes for the office of Council Member, are hereby
declared to be elected and;
THEREFORE BE IT FURTHER RESOLVED, that the City Clerk is hereby directed
to transmit a certified copy of these results to the County Auditors of Ramsey and
Hennepin counties.
Adopted this 9th day of November, 2021.
_________________________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Review for Administration: _________________________________________
Charlie Yunker, City Manager
Abstract of Votes Cast
In the Precincts of the City of St. Anthony
State of Minnesota
at the MUNICIPAL AND SCHOOL DISTRICT GENERAL
Held Tuesday, November 02, 2021
as compiled from the official returns.
Abstract print version 33113, generated 11/4/2021 8:32:41 AM
KEY TO PARTY ABBREVIATIONS
NP - Nonpartisan
Council Member (St. Anthony) (Elect 2)
NP
Thomas Kuykendall
578
NP
Wendy Webster
1334
NP
Jan J Jenson
916
NP
Ayesha Lynn Khan
800
WI
WRITE-IN
23
Summary of Totals
City of St. Anthony
Tuesday, November 02, 2021 MUNICIPAL AND SCHOOL DISTRICT GENERAL
Summary of Totals
City of St. Anthony
Tuesday, November 02, 2021 MUNICIPAL AND SCHOOL DISTRICT GENERAL
Number of persons registered as of 7 a.m.6126
Number of persons registered on Election Day 45
Number of accepted regular, military, and overseas absentee ballots and mail ballots 138
Number of federal office only absentee ballots 0
Number of presidential absentee ballots 0
Total number of persons voting 1952
Abstract print version 33113, generated 11/4/2021 8:32:41 AM Page 1 of 5
Detail of Election Results
City of St. Anthony
Tuesday, November 02, 2021 MUNICIPAL AND SCHOOL DISTRICT GENERAL
Precinct Persons Registered
as of 7 A.M.
Persons Registered
on Election Day
Total Number of
Persons Voting
27 2765 : ST ANTHONY P-01 1600 15 566
27 2770 : ST ANTHONY P-02 2418 12 1013
62 0530 : ST ANTHONY P-1 2108 18 373
City of St. Anthony Total:6126 45 1952
Page 2 of 5
Detail of Election Results
City of St. Anthony
Tuesday, November 02, 2021 MUNICIPAL AND SCHOOL DISTRICT GENERAL
Office Title: Council Member (St. Anthony) (Elect 2)
Precinct NP
Thomas Kuykendall
NP
Wendy Webster
NP
Jan J Jenson
NP
Ayesha Lynn Khan
WI
WRITE-IN
27 2765 : ST ANTHONY P-01 206 357 276 224 8
27 2770 : ST ANTHONY P-02 274 725 494 407 11
62 0530 : ST ANTHONY P-1 98 252 146 169 4
Total:578 1334 916 800 23
Page 3 of 5
We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each
office voted on, and have specified the number of votes for and against each question voted on, at the MUNICIPAL AND SCHOOL DISTRICT GENERAL held on Tuesday,
November 02, 2021
As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of St.
Anthony Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________,
2021.
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
____________________________________________________________________________
Member of canvassing board
Page 4 of 5
State of Minnesota
City of St. Anthony
I, __________________________________________________, Clerk of the City of St. Anthony do hereby certify the within and foregoing __________________ pages to be a
full and correct copy of the original abstract and return of the votes cast in the City of St. Anthony MUNICIPAL AND SCHOOL DISTRICT GENERAL held on Tuesday, November
02, 2021.
Witness my hand and official seal of office this ________ day of ________________, 2021.
______________________________________________
Page 5 of 5
REQUEST FOR COUNCIL CONSIDERATION
To:Saint Anthony Village City Council
From:Charlie Yunker, City Manager
Date:November 9, 2021 City Council Meeting
Resolution:Approve Salo Park Maintenance Agreement
BACKGROUND
Staff has been working with the property owners of the storm water ponds, Doran SLV III, LLC and SVAP III Silver
Lake Village, LLC, that serve the Silver Lake Village area which has been known for many years as Salo Park, to
come to an agreement to allow the City to handle the maintenance of the area around those ponds.
The intent of the Salo Park area from its inceptions was to be an amenity for the retail area, and the City as a
whole. As a result, the expectations of the residents is for the area to be maintained at the same level as any
other City park. However, given the changes in ownership over the years, the maintenance of the area has
suffered, and City staff is often put in position to address issues through code enforcement or simply stepping-in
and performing maintenance to address resident concerns. Staff feels it would be more efficient for all parties if
the maintenance activities were integrated into the overall City parks maintenance activities.
The City’s legal counsel has been an active participant in these discussions, and the recommended avenue for
this is for the property owners to grant an easement to the City for the purposes of performing those routine
maintenance activities. The property owners would retain ownership of the Salo Park area, as well as the
responsibility for maintenance of the storm water ponds, while granting a perpetual easement to the City for
maintenance activities. A summary of the responsibilities is listed below:
City of Saint Anthony Responsibilities Property Owners Responsibilities
Landscaping maintenance
Irrigation repairs
Lighting repairs
Trash collection
Concrete replacement
Storm water ponds water quality
Storm water ponds dredging
Alum water management system
Drainage facilities entering and exiting the ponds
Interconnection of the ponds under 39th Ave NE
RECOMMENDATION
Staff is recommending approval for entering into the Maintenance Agreement. Staff believes this will make
maintenance more efficient and better meet the expectations of the residents in the area to maintain Salo Park
at the same level of maintenance as all other parks in the City.
ATTACHMENTS:
Maintenance Agreement
1951267.v8
Following Recording,
Please Return Copy to:
Doran SLV III, LLC
c/o Doran Management, LLC
7803 Glenroy Road, Ste. 100
Bloomington, MN 55439
AMENDED AND RESTATED
EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT
THIS AMENDED AND RESTATED EASEMENT, MANAGEMENT AND MAINTENANCE
AGREEMENT (this “Agreement”) is entered into this _____ day of _______, 2021 (“Effective Date”)
by and among Doran SLV III, LLC, a Minnesota limited liability company (together with its successors
and assigns “Salo Park Owner”); SVAP III Silver Lake Apache Park, LLC, a Delaware limited
liability company (together with its successors and assigns “Apache Park Owner”), SVAP III Silver
Lake Village, LLC, a Delaware limited liability company (“Shopping Center Owner,” and together
with both Salo Park Owner and Apache Park Owner, collectively, the “Owners”); and The City of Saint
Anthony Village, Minnesota, a Minnesota statutory city (together with its successors and assigns, the
“City”). Salo Park Owner, Apache Park Owner, Shopping Center Owner and the City are each referred to
herein from time to time as a “Party” and, together referred to herein from time to time as the “Parties”.
WHEREAS, Salo Park Owner, Apache Park Owner, Shopping Center Owner, the City, and The
Housing and Redevelopment Authority of the City of Saint Anthony Village, a public body corporate and
politic organized and existing under the laws of the State of Minnesota (together with its successors and
assigns, the “Authority”) are the current parties to that certain unrecorded Assignment, Assumption,
Easement, Park Management and Maintenance Agreement dated January 1, 2006, as amended by that
certain unrecorded First Amendment to Assignment, Assumption, Easement, Park Management and
Maintenance Agreement dated November 15, 2006 (collectively, “Original Agreement”).
WHEREAS, the Original Agreement affects certain real property owned, as of the Effective Date,
by Salo Park Owner and legally described on Exhibit A attached hereto (“Salo Park Property”);
WHEREAS, the Original Agreement affects certain real property owned, as of the Effective Date,
by Apache Park Owner and legally described on Exhibit B attached hereto (“Apache Park Property”,
and together with the Salo Park Property, collectively, the “Property”);
WHEREAS, the Property features two drainage and retention ponds (each a “Pond” and
collectively, the “Ponds”), and related general stormwater management improvements (together with the
Ponds, collectively, as the same may be modified, replaced, substituted, and removed from time-to-time
in accordance with this Agreement, applicable law, and best management practices, collectively, the
“Stormwater Improvements”);
2
1951267.v8
WHEREAS, the Property also features an amphitheater, walking paths and other hardscape, a
waterfall feature, a water fountain feature, irrigation systems (including control systems), landscaping
(collectively, as the same may be modified, replaced, substituted, and removed from time-to-time in
accordance with this Agreement, collectively, the “Community Amenity Improvements”);
WHEREAS, the Property, the Stormwater Improvements and Community Amenity
Improvements are referred to herein, collectively, as the “Easement Premises”.
WHEREAS, the Original Agreement was entered into in connection with the original
redevelopment of the Easement Premises and surrounding commercial property and as part of certain tax
increment financing and other financing incentives provided by the City and Authority related to such
original redevelopment.
WHEREAS, as contemplated by the Original Agreement and by the related original
redevelopment contracts, the Easement Premises are designed and intended for the purposes of (1)
stormwater management for the surrounding commercial property and (2) providing a community
amenity for all of the residents of the development, the City, and the general public.
WHEREAS, the Parties wish to amend, restate, and replace the Original Agreement, in its
entirety, upon and pursuant to the terms and conditions of this Agreement for the purposes of updating,
modifying, and clarifying the allocation of rights and responsibilities with respect to the Easement
Premises between the City and the Owners;
WHEREAS, the Authority is executing this Agreement as indicated on the signatures hereto for
the sole purpose of acknowledging and consenting to such amendment, restatement, and replacement of
the Original Agreement, and hereafter the Authority shall no longer be a party to this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1.Recitals. The Parties acknowledge that the foregoing recitals are true and correct and that
such recitals are incorporated herein by this reference as if restated in full herein.
2.Grant of Easements.
(a)City Access Easement. The Salo Park Owner and the Apache Park Owner hereby
grant and convey to the City and its agents, employees, and contractors, and their respective
officers, directors, employees, contractors, and, agents (each a “City Party”, and, collectively,
the “City Parties”), a perpetual, non-exclusive easement over each Owner’s respective portion of
the Easement Premises for the purposes of (i) access to, from, over, and through the Easement
Premises and (ii) use of the Easement Premises, each as may be reasonably necessary for any or
all of the City and any City Party to perform its obligations under this Agreement.
(b)Public Access Easement. The Salo Park Owner and the Apache Park Owner
hereby grant and convey to the City a perpetual, non-exclusive easement over and across the
Easement Premises for the purpose of permitting the general public to utilize the Easement
Premises for pedestrian access, passage, temporary gathering, and other general recreational uses
that are consistent with such uses, by the public, of other City parks with amenities similar to the
Easement Premises; such easement is, however, granted subject to (i) the City’s exercise of its
ordinary regulation of City parks and (ii) the express terms and conditions set forth herein,
including, without limitation, those certain procedures and rules as are established (and modified
3
1951267.v8
or amended, from time to time) and memorialized in a separate agreement by and among the
Parties (“Rules and Procedures”). The City agrees that it shall maintain a copy of the then-
current Rules and Procedures in its offices and make such copy available upon request.
(c)Procedures and Rules. The City shall manage the Easement Premises according
to the Rules and Procedures.
(d)City Access Easement Granted By Shopping Center Owner. The Shopping
Center Owner hereby grants and conveys to the City Parties a perpetual, but non-exclusive,
easement over those areas (i) of that certain shopping center property owned by the Shopping
Center Owner (the “Shopping Center”), and (ii) depicted on Exhibit “D” attached hereto and
incorporated herein by this reference (the “Shopping Center Access Areas”), it being
understood that the sole purpose of the foregoing easement (the “Shopping Center Access
Easement”) shall be to provide the City Parties with access to the Easement Premises so as to
enable and permit the City Parties to perform and satisfy the City’s obligations (as to repair,
maintenance and replacement) imposed under this Agreement. The City hereby covenants and
agrees that, at all times, when any of the City Parties is exercising the rights granted under and
with respect to the Shopping Center Access Easement and the Shopping Center Access Areas,
none of the City Parties shall block any drive aisles that are located on or near the Shopping
Center Access Areas, nor may any City Parties take any action (or fail to take any action) that
may interfere with the normal and customary patterns of traffic flow throughout the Shopping
Center. Attached hereto as Exhibit “D-1” and incorporated herein by this reference is the legal
description of the Shopping Center Property.
3.City Maintenance Obligations.
(a)Community Amenity Obligations. The City shall be responsible, at its sole cost
and expense, for all of the following matters with respect to the Community Amenity
Improvements (collectively, the “Amenity Maintenance Obligations”):
(i)the care, maintenance, and replacement the landscaping located on the
Easement Premises;
(ii)the repair, maintenance, and replacement of any irrigation system
servicing the Easement Premises (including assignment of the corresponding water meter
account to the City);
(iii)the repair, maintenance, and replacement of the amphitheater located on
the Salo Park Property, the canopy shade structure thereon and its corresponding
supports;
(iv)the repair, maintenance, and replacement of all concrete, asphalt and
bituminous stairs, sidewalks and paved pathways located on the Easement Premises,
including, but not limited to, all snow and ice removal in accordance with the City’s
ordinary policy for removing and snow and ice from City parks;
(v)the repair, maintenance, and replacement of all lighting and electrical
facilities located on or within the Easement Premises, including electrical costs relating
thereto through two existing electrical meters which corresponding accounts shall be
transferred to the City upon execution of this Agreement (which electrical and lighting
facilities shall, at a minimum, be required to be lit from dusk until dawn); and
4
1951267.v8
(vi)the ordinary, but regular, removal of trash located on the Easement
Premises and the maintenance, repair and replacement of any trash receptacles located
thereon.
Provided, however, and notwithstanding anything herein to the contrary, if, at any time or
from time to time, the City reasonably determines that any of the Community Amenity
Improvements have exceeded their useful life and that the replacement thereof is cost
prohibitive or otherwise contrary to the City’s then-current policies, then the City shall so
advise the Owners, in writing, (a “Replacement Notice”), with a reasonably detailed
description of the City’s schedule for, and plan to, either (A) remove such Community
Amenity Improvements and restore the applicable portion of the Property to a good,
clean, and orderly condition with new and reasonably appropriate (for a City park)
landscaping or (B) replace such Community Amenity Improvements with alternative
Community Amenity Improvements. It is understood and agreed that (A) or (B) (as
applicable, the “CA Replacement”) shall be performed by the City and at the City’s sole
cost and expense. Any CA Replacement shall be subject to the approval of the Salo Park
Owner and the Apache Park Owner; provided that any approval relating to a CA
Replacement pursuant to clause (A) above shall not be unreasonably withheld or
conditioned. Upon the City’s delivery of a Replacement Notice, the Salo Park Owner
and the Apache Park Owner shall have thirty (30) days (“Replacement Response
Period”) in which to either or both (x) confer with one another and (y) discuss the then-
applicable CA Replacement plan with the City, as each such Owner may elect. Each such
Owner shall advise the City and the Salo Park Owner or Apache Park Owner, as the case
may be, in writing (“Replacement Response Notice”), on or before the expiration of the
Replacement Response Period, as to whether or not such notifying Owner (acting
reasonably and in good faith) approves the then-applicable CA Replacement. If either of
the Salo Park Owner or the Apache Park Owner fails to timely deliver a Replacement
Response Notice, then such Owner shall be automatically deemed to have approved the
then-applicable CA Replacement. If either of the Salo Park Owner or the Apache Park
Owner (acting in good faith and reasonably) objects to the then-applicable CA
Replacement, and such objecting Owner timely delivers a Replacement Response Notice
(an “Objecting Owner”), such Objecting Owner shall provide (in its Replacement
Response Notice) a reasonably detailed description of the basis upon which such
Objecting Owner objects to the then-applicable CA Replacement, and such Objecting
Owner shall propose to the City its suggestion to address the City’s concerns set forth in
the then-applicable Replacement Notice; thereafter, the City, the Salo Park Owner and
the Apache Park Owner, each acting reasonably and in good faith, shall promptly attempt
to address the Objecting Owner’s concerns, as set forth in its Replacement Response
Notice. The Salo Park Owner and the Apache Park Owner shall not have the right to
require the City to perform a CA Replacement that the City, acting in good faith,
reasonably believes is cost-prohibitive or inappropriate for a City park. Consent by either
or both of the Salo Park Owner and the Apache Park Owner to one or more CA
Replacements shall not operate as a waiver of that Owner’s respective rights as to any
subsequent CA Replacement. The City’s maintenance obligations imposed under this
Agreement shall apply to any CA Replacement, and shall continue in accordance with
this Agreement.
(b)Pond Obligations. The City shall be responsible for the following matters with
respect to the Ponds and Stormwater Improvements, subject to reimbursement by Apache Park
Owner in accordance with Section 3(d) (collectively, the “Pond Maintenance Obligations”):
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(i)the management, monitoring, and maintenance of the water quality of the
Ponds (including any and all testing and reporting that may be required, from time to
time, by the applicable watershed district or otherwise);
(ii)dredging the Ponds as deemed reasonably necessary by the City or as
otherwise required by applicable laws and regulations;
(iii)the repair, maintenance, and replacement of the alum water management
system serving the Ponds; and
(iv)the repair, maintenance, and replacement of the facilities connecting the
two Ponds under 39th Avenue N.E. and any drainage systems feeding into or out of the
Ponds to the extent located on the Easement Premises.
(c)Delegation of Pond Responsibilities. The Parties acknowledge and agree that the
Pond Maintenance Obligations are currently the obligation of Apache Park Owner pursuant to
and in accordance with that certain Amended and Restated Stormwater Maintenance and
Easement Agreement dated April 30, 2004, and recorded in the Office of the County Recorder in
and for Ramsey County on May 4, 2004, as Document No. 3786716, as amended by the First
Supplement to Amended and Restated Stormwater Maintenance and Easement Agreement, dated
October 10, 2004, and recorded October 20, 2004, as Document Number 3801284; as amended
by that Second Supplement to Amended and Restated Stormwater Maintenance and Easement
Agreement, dated April 13, 2005, and recorded on May 26, 2006, as Document Number
3951512; and as assigned by that certain Assignment and Assumption Agreement (Silver Lake),
dated February 24, 2012, and recorded on February 29, 2012 as Document Number 4322217
(collectively and as further amended, supplemented and modified from time to time, the
“Stormwater Agreement”). Accordingly, the City’s agreement to perform the Pond
Maintenance Obligations pursuant to this Agreement shall be a permanent sub-delegation (from
the Apache Park Owner to the City) of the corresponding obligations of Apache Park Owner
under the Stormwater Agreement, such that, as between the parties to the Stormwater Agreement,
Apache Park Owner, rather than the City, will be liable to and responsible for the Pond
Maintenance Obligations in accordance with the Stormwater Agreement; and as between the
Parties, the City will be liable to and responsible for the Pond Maintenance Obligations in
accordance with this Agreement. The Parties acknowledge and agree that the terms and
provisions of this Agreement are intended to supplement, rather than override, or be superior to,
the terms and provisions of the Stormwater Agreement. As a result, in the event of any conflict
between the terms and provisions of the Stormwater Agreement and those of this Agreement, the
terms and provisions of the Stormwater Agreement shall control, in all events.
(d)Reimbursement of Pond Maintenance Costs. The Parties acknowledge and agree
that all costs incurred by the City and the City Parties for the City’s performance of the Pond
Maintenance Obligations (the “Pond Maintenance Costs”) are “Common Expenses” under the
Stormwater Agreement and are reimbursable by the parties to the Stormwater Agreement in
accordance with the terms and conditions of the Stormwater Agreement. Accordingly, Apache
Park Owner shall reimburse the City for all Pond Maintenance Costs within thirty (30) days after
receipt of written demand therefor, together with a reasonably detailed invoice evidencing the
costs so incurred. The Apache Park Owner shall retain its right, under the Stormwater
Agreement, to bill the Pond Maintenance Costs to all of the parties to the Stormwater Agreement.
(e)Standard of Maintenance. The City shall cause the Amenity Maintenance
Obligations and Pond Maintenance Obligations to be performed in such manner as is necessary to
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maintain the applicable aspects of the Easement Premises in a condition that is consistent with the
Stormwater Agreement, all applicable laws (including, without limitation, the Americans with
Disabilities Act) and in a condition otherwise consistent with a first class, mixed-use (with a
luxury residential component) center located in the Twin Cities metropolitan area.
4.Owner Maintenance Obligations.
(a)Apache Park Owner. The Apache Park Owner shall be responsible for (i)
maintenance, repair and replacement of the waterfall feature and water fountain and related
equipment, systems and fixtures; and (ii) the maintenance, repair and replacement of the drainage
systems feeding into or out of the Ponds located on the Salo Park Property and Apache Park
Property; provided, however, that if and to the extent that either or both of the Stormwater
Agreement or the REA (as defined below) impose such obligations (for the maintenance, repair
and replacement of such feeder drainage systems) on other parties (other than the Apache Park
Owner) to either or both of the Stormwater Agreement and the REA, then the Apache Park
Owner shall not be responsible under this Section 4(a), but the Apache Park Owner shall use its
reasonable and good faith efforts to enforce the applicable terms and provisions of either or both
of the Stormwater Agreement and the REA, as applicable, with respect to such maintenance,
repair and replacement obligations. For purposes of this Agreement, the obligations imposed on
the Apache Park Owner under this Section 4(a) are collectively referred to as the “Owner
Maintenance Obligations.”
(b)Common Expenses. The Parties acknowledge and agree that costs and expenses
relating to such maintenance, repair and replacement of the waterfall feature and water fountain
and related equipment, systems and fixtures and maintenance, repair and replacement of the
drainage systems feeding into or out of the Ponds are “Common Expenses” pursuant to either or
both of (i) the Stormwater Agreement and (ii) that certain Amended and Restated Reciprocal
Easements Agreement dated April 30, 2004, and recorded in the Office of the County Recorder in
and for Ramsey County on May 4, 2004, as Document No. 3751784 (as amended, supplemented
and modified from time to time, the “REA”).
(c)Notice to City of Certain Pond Activities. Before the Apache Park Owner
undertakes any material repair or replacement activity with respect to Owner Maintenance
Obligations set forth in Sections 4(a) above that (A) could be reasonably expected to adversely
impact the water quality in the Ponds or (B) is otherwise an activity that requires a permit from
the applicable watershed district or other regulatory body (“Permit”), such Owner shall first
provide the City with at least thirty (30) days’ prior written notice of the proposed activity,
together with a reasonably detailed description of the proposed activity (“Pond Activity
Notice”). The City shall have the right (acting reasonably and in good faith) to advise the
applicable Owner delivering a Pond Activity Notice, within the thirty (30) day period after the
delivery thereof (the “Pond Response Period”), of any issues or concerns that the City has with
respect to the repair or replacement activity that is the subject of the then-applicable Pond
Activity Notice (a “City Pond Response”). If the City fails to deliver a City Pond Response
prior to the expiration of the Pond Response Period, then the City shall automatically be deemed
to have approved the repair or replacement activity that is the subject of the then-applicable Pond
Activity Notice, and the Owner delivering the Pond Activity Notice may proceed with the repair
or replacement described therein, subject to the procurement (by the applicable Owner) of any
necessary Permit. If the City timely delivers a City Pond Response, the Owner delivering the
then-applicable Pond Activity Notice and the City shall promptly confer with one another and
make reasonable and good faith efforts to address the City’s concerns; provided, however, that (x)
the Owner delivering the then-applicable Pond Activity Notice shall not be required to expend
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monies (beyond a de minimis amount in excess of the amount that such Owner plans to expend in
order to perform the repair and replacement that is the subject of the then-applicable Pond
Activity Notice) to address the City’s concerns; and (y) if the repairs and replacements that are
the subject of a given Pond Activity Notice require a Permit, and such Permit is issued to the
applicable Owner, then the City shall not have a right to object to the repair or replacement that is
the subject of the then-applicable Pond Activity Notice.
(d)Maintenance Standard. The Owners shall cause the Owner Maintenance
Obligations to be performed in such manner as is necessary to maintain the applicable aspects of
the Easement Premises in a condition that is consistent with all applicable laws and in a condition
otherwise consistent with a first class, mixed-use (with a luxury residential component) center
located in the Twin Cities metropolitan area.
5.Work Necessitated by a Party’s Fault. Notwithstanding the foregoing, if any repairs,
maintenance, or replacements pertaining to the Easement Premises are necessary or reasonably
necessitated due to, or the result of, the negligence or intentional acts of one or more of the Parties
(“Causing Party”), its guests, licensees or invitees, the performance of, and all costs to perform, such
repairs, maintenance or replacements shall be the sole responsibility of the Causing Party.
6.Deferred Maintenance. The Parties agree that there is certain maintenance of Ponds and
the Community Amenity Improvements which constitute Amenity Maintenance Obligations that will
need to be resolved by September 30, 2022, including, but not limited to, dredging of the Ponds, damaged
sidewalks, asphalt repairs, root remediation and a damaged irrigation system. The Parties conducted a
walk-through of the Property to develop a deferred maintenance remediation plan, which remaining
portions of the deferred maintenance is attached hereto as Exhibit “C” and incorporated herein by this
reference (“Remediation Plan”). The City Council has approved the Remediation Plan. The City hereby
covenants and agrees that it shall cause the Remediation Plan to be implemented, and all actions
described therein to be performed, as expeditiously as is reasonably possible after the date of this
Agreement and, in any event, prior to September 30, 2022 . The costs incurred to implement and perform
the Remediation Plan shall be paid and reimbursed (as applicable) pursuant to Section 3 above.
7.Insurance.
(a)Each Party shall maintain or cause to be maintained in full force and effect
Commercial General Liability Insurance covering both the Salo Park Property and the Apache
Park Property with a combined single limit of liability of not less than Three Million Dollars
($3,000,000.00) for bodily injury to or personal injury or death of any person, and for property
damage arising out of any one occurrence or in the aggregate;); provided, however, that from
time to time, these coverage limits may be raised or lowered in accordance with industry standard
recommendations for comparable policies. Each Party shall be a named additional insured under
each such policy. It is the agreement of the Parties that the insurance maintained by the City shall
be primary and non-contributory insurance. All insurance required by this Section 7 shall be
procured from companies licensed in Minnesota and shall be rated by Best’s Insurance Reports
not less than A-X; provided, however, that any insurance requirements of the City may be
provided through the League of Minnesota Cities Insurance Trust (a self-insurance pool available
to cities within Minnesota). All insurance may be provided under (i) an individual policy
covering the Easement Premises, (ii) a blanket policy or policies which includes other liabilities,
properties and locations of such Party, or (iii) a combination of any of the foregoing insurance
programs. Each Party shall furnish to all of the other Parties, no less frequently than once in each
twelve (12) month period during the term of this Agreement, an ACORD (or comparable, if
ACORD is no longer applicable) certificate of insurance (in form and substance reasonably
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acceptable to the recipient Party) evidencing the delivering Party’s compliance with the
requirements of this Section 7.
(b)Notwithstanding anything to the contrary set forth in this Agreement, each Party
hereby waives any and all claims against the others for any claims, damages, causes of action,
costs, expenses and losses (collectively, “Losses”) to the extent such Losses are insured against,
or are required (under the terms of this Agreement) to be insured against, which waiver includes,
but is not limited to, Losses, deductibles or self-insured retentions covered by each Party’s
respective commercial property, business income/extra expense/rental value insurance,
commercial general liability, business auto liability, workers’ compensation or employers’
liability policies. The risk to be borne by each of the Parties to this Agreement shall also include
the satisfaction of any deductible (or self-insured retention) amounts required to be paid under the
applicable insurance carried by the Party incurring the Losses, and each of the Parties hereto
agrees that the others shall not be responsible for satisfaction of such deductible (or self-insured
retention amount). The waivers set forth above in this Section 7(c) shall apply if the Losses in
question would have been covered by a normal and customary "all risks” or “special form”
property insurance policy, even if the Party suffering the Losses fails to maintain such coverage.
The respective insurance policies of each of the Parties hereto shall include a waiver of all rights
of subrogation by the insurance carrier against the other Parties and their respective agents and
employees.
(c)EACH OF THE PARTIES HERETO, FOR ITSELF AND ITS RESPECTIVE
MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,
SUCCESSORS AND ASSIGNS (“RELEASING PARTIES”), HEREBY RELEASES AND
FOREVER DISCHARGES, WAIVES AND EXONERATES THE OTHER PARTIES TO THIS
AGREEMENT AND THEIR RESPECTIVE MEMBERS, PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“RELEASEES”)
FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, CAUSES OF ACTION
AND DEMANDS AT LAW OR IN EQUITY, CONTROVERSIES, DAMAGES, COSTS,
LOSSES AND EXPENSES (WHETHER KNOWN OR UNKNOWN AS OF THE DATE OF
THIS AGREEMENT) THAT ANY OR ALL OF THE RELEASING PARTIES NOW HAS, OR
MAY HAVE IN THE FUTURE, DIRECTLY ARISING OUT OF ANY MATTERS, OF ANY
NATURE WHATSOEVER, UNDER THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, ALL CLAIMS IN TORT OR CONTRACT, ALL CLAIMS UNDER A
WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) AND INCLUDING ANY
WARRANTY OF MERCHANTABILITY, HABITABILITY OR GOOD AND
WORKMANLIKE CONSTRUCTION AND WARRANTIES OF FITNESS FOR USE OR
ACCEPTABILITY FOR THE PURPOSE INTENDED, AND ANY OTHER BASIS FOR
RECOVERY OR REIMBURSEMENT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR STRICT LIABILITY (COLLECTIVELY, THE “RELEASED CLAIMS”).
NOTWITHSTANDING ANY OF THE FOREGOING RELEASE LANGUAGE, HOWEVER,
THE FOREGOING RELEASE SHALL NOT APPLY, IN ANY CIRCUMSTANCE OR UNDER
ANY CONDITION TO ANY MATTERS, OF ANY NATURE WHATSOEVER, THAT ARISE
OR ACCRUE, AND ARE SUFFERED OR INCURRED BY ANY OR ALL OF THE
RELEASING PARTIES AS A RESULT OF, OR DUE TO, OR BECAUSE OF THE BREACH
OR DEFAULT UNDER THE TERMS OF THIS AGREEMENT, ANY MALFEASANCE OR
ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF ANY OR ALL OF THE
RELEASEES.
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8.Liens. In the event any mechanic’s lien is filed against any portion of the Easement
Premises as a result of services performed or materials furnished (pursuant to the requirements of this
Agreement) by or at the direction of a Party (a “Lien”), the Party permitting or causing such Lien to be so
filed agrees to cause such Lien to be discharged (or bonded over) within thirty (30) days of the date on
which such Lien is so filed or recorded; and further agrees to indemnify, defend, and hold harmless the
other Parties against liabilities, losses, actual damages, costs or expenses (including reasonable attorneys’
fees and cost of suit) actually suffered or incurred by an indemnified Party as a direct result of any Lien.
Nothing herein shall prevent a Party permitting or causing such Lien from contesting the validity thereof
in any manner such Party chooses so long as such contest is pursued with reasonable diligence and,
pending the resolution of such dispute, the Lien is bonded over or otherwise secured as provided herein
for the benefit of the Party whose property is encumbered thereby. In the event such contest is
determined adversely (allowing for appeal to the highest appellate court), such Party shall promptly pay in
full the required amount, together with any interest, penalties, costs, or other charges necessary to
unconditionally release such Lien.
9.Default. The failure by a Party (“Defaulting Party”) to observe or perform any of the
covenants, conditions or obligations of this Agreement within thirty (30) days after the issuance of a
notice by the non-defaulting party (“Non-Defaulting Party”) specifying the nature of the default claimed
shall constitute a default and breach of this Agreement; provided, however, that (i) the thirty (30) day
period shall be extended for defaults reasonably taking longer than thirty (30) days to cure as long as the
Defaulting Party commences curing such default in the thirty (30) day period and diligently proceeds to
completion thereafter; (ii) a Party who fails to discharge (or otherwise appropriately address, in
accordance with Section 8) a Lien within the timeframes set forth in Section 8 shall not be afforded an
additional thirty (30) day notice and cure period pursuant to this Section 9 and the Non-Defaulting Party
shall have all cure rights afforded pursuant to this Section 9 immediately following the expiration of the
such timeframes set forth in Section 8; and (iii) the notice and cure period relating to a breach of Section 7
of this Agreement shall be limited to one (1) business day. Following the expiration of the thirty (30) day
notice and cure period (or such longer time afforded pursuant to the immediately preceding sentence, the
Non-Defaulting Party shall have the right, but not the obligation, to cure such default by the payment of
money or the performance of some other action for the account of and at the expense of the Defaulting
Party. In the event that any Non-Defaulting Party exercises the foregoing right of self-help, the
Defaulting Party shall automatically be deemed to have granted, to such Non-Defaulting Party, a
temporary access easement, over, along, across and through those portions of the Defaulting Party’s
property that are reasonably necessary for access in order to perform the actions reasonably required to
cure the Defaulting Party’s then-applicable default (“Temporary Easement”). The Temporary Easement
shall automatically terminate upon the completion of the cure by the Non-Defaulting Party. Any Non-
Defaulting Party exercising the foregoing right of self-help shall use its reasonable, diligent and good
faith efforts to complete the cure as soon as is reasonably possible under then-applicable circumstances,
and with as little disruption, as is reasonably possible, to the Defaulting Party’s property. Nevertheless
and notwithstanding the foregoing provisions of this Section 9 with respect to delivery of notice of
default, and an opportunity to cure, in the event that any default shall constitute an unsafe or emergency
condition, the Non-Defaulting Party, acting in good faith, shall have the right to cure such default upon
such advance notice as is reasonably possible under the circumstances or, if necessary, without advance
notice, so long as notice is given as soon as reasonably possible thereafter. The City shall be responsible
for the defaults resulting from the actions or inactions of its licensees and permittees and the City Parties.
In the event any Non-Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non-
Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest
at the Default Rate (as defined below), within ten (10) days of receipt of demand, together with
reasonable documentation supporting the expenditures made. No waiver by any Party of any default
under this Agreement shall be effective or binding on such Party unless made in writing by such Party
and no such waiver shall be implied from any omission by a Party to take action in respect to such
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default. No express written waiver of any default shall affect any other default or cover any other period
of time other than any default and/or period of time specified in such express waiver. One or more written
waivers of any default under any provision of this Agreement shall not be deemed to be a waiver of any
subsequent default in the performance of the same provision or any other term or provision contained in
this Agreement. All of the remedies permitted or available to a Party under this Agreement or at law or in
equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not
constitute a waiver or election of remedies with respect to another permitted or available right or remedy.
For purposes of this Agreement, “Default Rate” shall mean that rate publicly announced, or published,
from time to time, by JPMorgan Chase (or its successor) as its prime rate of interest, plus five percent
(5.0%) per annum, on a cumulative basis.
The City acknowledges that a breach or threatened breach of Section 3(a) relating to an unauthorized CA
Replacement would give rise to irreparable harm to the Owners for which monetary damages would not
be an adequate remedy, and hereby agrees that in the event of a breach or a threatened breach by the City
of any such obligations, each Owner shall, in addition to any and all other rights and remedies that may be
available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining
order, an injunction, specific performance and any other relief that may be available from a court of
competent jurisdiction (without any requirement to post bond).
10.Attorneys’ Fees. In the event a Party institutes any legal action or proceeding for the
enforcement of any right or obligation herein contained, the prevailing Party after a final adjudication
shall be entitled to recover its costs and reasonable attorneys’ fees incurred in the preparation and
prosecution of such action or proceeding.
11.Estoppel Certificate. Each Party agrees that upon written request of any other Party, it
will issue to such Party, at no cost, an estoppel certificate stating, to the issuer’s knowledge, as of such
date: (a) whether or not it knows of either or both (x) any default under this Agreement and (y) any
circumstance or condition that, with the passage of time or giving of notice or both, would constitute a
default under this Agreement, and if there are known defaults or other circumstances or conditions that,
either with the passage of time or giving of notice or both, would constitute a default, specifying the
nature thereof; (b) whether this Agreement has been assigned, modified or amended in any way by it and
if so, then stating the nature thereof; and (c) whether this Agreement is in full force and effect.
12.Notices. All notices, demands and requests (collectively the “notice”) required or
permitted to be given under this Agreement must be in writing and shall be deemed to have been properly
given (a) if and when delivered in person, (b) on the first business day after deposit with a commercial
overnight courier, (c) three (3) business days after having been deposited with the U.S. Postal Service and
sent by registered or certified mail, postage prepaid, return receipt requested, or (d) when sent by
electronic delivery (e.g. email), provided that a duplicate copy is sent on the same day, pursuant to (b)
above, addressed as follows (or sent to such other address as any Party shall specify to the other Parties
pursuant to the provisions of this Section 12. The initial addresses of the Parties shall be:
If to Salo Park Owner:For so long as Doran SLV III, LLC is the Salo Park
Owner:
Doran SLV III, LLC
c/o Doran Management, LLC
7803 Glenroy Road, Suite 100
Bloomington, Minnesota 55439
Attn: Chief Manager
Kelly.doran@doranpg.com
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Copy to:Doran SLV III, LLC
c/o Doran Management
7803 Glenroy Road, Suite 100
Bloomington, Minnesota 55439
Attn: Legal Department
erica.delain@doranpg.com
If Doran SLV III, LLC is not the Salo Park Owner:
The address of record for real property tax
assessment notices with respect to the Salo Park
Property.
If to Apache Park
Owner:
For so long as SVAP III Silver Lake Apache Park, LLC
is the Apache Park Owner:
SVAP III Silver Lake Apache Park, LLC
c/o Sterling Retail Services, Inc.
302 Datura Street, Suite 100
West Palm Beach, Florida 33401
Attn: Greg Moross
gmoross@sterlingorganization.com
Copy to:Diamond & Kaplan, P.A.
302 Datura Street, Suite 300
West Palm Beach, Florida 33401
Attn: Sandra H. Ransdell
sransdell@diamondlawpa.com
If SVAP III Silver Lake Apache Park, LLC is not the
Apache Park Owner:
The address of record for real property tax assessment
notices with respect to the Apache Park Property.
If to Shopping Center
Owner:
SVAP III Silver Lake Village, LLC
c/o Sterling Retail Services, Inc.
302 Datura Street, Suite 100
West Palm Beach, Florida 33401
Attn: Greg Moross
gmoross@sterlingorganization.com
Copy to:Diamond & Kaplan, P.A.
302 Datura Street, Suite 300
West Palm Beach, Florida 33401
Attn: Sandra H. Ransdell
sransdell@diamondlawpa.com
If SVAP III Silver Lake Village, LLC is not the
Shopping Center Owner:
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The address of record for real property tax assessment
notices with respect to the Shopping Center.
If to City:City of Saint Anthony Village
Attention City Manager
City Hall
3301 Silver Lake Blvd.
St. Anthony, MN 55418
charlie.yunker@savmn.com
Copy to:Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
Attn: Jay R. Lindgren
Lindgren.jay@dorsey.com
Upon at least ten (10) days’ prior written notice, each Party shall have the right to change its address to
any other address within the United States of America. Any Party’s respective counsel is hereby
authorized to deliver any notice, pursuant to this Agreement, on behalf of that Party so represented by
such counsel.
13.Binding Effect. The terms of this Agreement and all easements granted hereunder shall
constitute covenants running with the land and shall bind the real estate described herein and inure to the
benefit of and be binding upon the signatories hereto and their respective successors and assigns who
become Parties hereunder. Except with respect to the Original Agreement, this Agreement is not intended
to supersede, modify, amend, or otherwise change the provisions of any prior instrument affecting the
Easement Premises.
14.Exhibits. All Exhibits referred to in, and attached to, this Agreement upon execution are
incorporated in and form a part of this Agreement as if fully set forth herein.
15.Construction and Interpretation. This Agreement amends, restates, and replaces the
Original Agreement in its entirety, and the Original Agreement is hereby terminated, null and void. This
Agreement and the exhibits hereto contain all the representations and the entire agreement between the
Parties with respect to the subject matter hereof. Any prior negotiations, correspondence, memoranda or
agreements are superseded in total by this Agreement and exhibits hereto, and, based on the foregoing,
the provisions of this Agreement and the exhibits hereto shall be construed as a whole according to their
common meaning and not strictly for or against any Party. The captions preceding the text of each article
and section are included only for convenience of reference. Captions shall be disregarded in the
construction and interpretation on of this Agreement. Capitalized terms shall have the meaning set forth
herein and not any other meaning that might otherwise be attached to such term in a context outside of
this Agreement. Invalidation of any of the provisions contained in this Agreement, or of the application
thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof
or the application thereof to any other person and the same shall remain in full force and effect.
16.Amendment. No provision of this Agreement may be amended or modified except by an
agreement in writing signed by the Parties or their respective successors in interest; provided, however,
that (a) the City and Salo Park Owner may amend or modify this Agreement for matters affecting only the
Salo Park Property and (b) the City and Apache Park Owner may amend or modify this Agreement for
matters affecting only the Apache Park Property.
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17.Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original. The signatures to this Agreement may be executed and notarized on separate
pages, and when attached to this Agreement shall constitute one complete document.
18.No Waiver of Governmental Immunity and Limitations on Liability. Nothing in this
Agreement shall in any way affect or impair the City’s immunity or the immunity of the City’s
employees, consultants and contractors, whether on account of official immunity, legislative immunity,
statutory immunity, discretionary immunity or otherwise. Nothing in this Agreement shall in any way
affect or impair the limitations on the City’s liability or the liability of the City’s employees, consultants
and independent contractors. By entering into this Agreement, the City do not waive any rights,
protections, or limitations as provided under law and equity for the City, or of their respective employees,
consultants and contractors.
19.City Regulatory Authority. Nothing in this Agreement shall be construed to limit or
modify the City’s regulatory authority.
20.Governing Law, Jurisdiction, Venue and Waiver of Trial by Jury. All matters, whether
sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this
Agreement shall be controlled by, interpreted and determined in accordance with the laws of the state of
Minnesota without regard to its conflict and choice of law provisions. Any litigation arising out of this
Agreement shall be venued exclusively in Ramsey County District Court, Second Judicial District, state
of Minnesota and shall not be removed therefrom to any other federal or state court. The Parties hereby
consent to personal jurisdiction and venue in the foregoing court. The Parties hereby waive trial by jury
for any litigation arising out of this Agreement.
21.Negation of Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between or among the Parties in their respective businesses or otherwise,
nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Party
shall be considered a separate owner, and no Party shall have the right to act as an agent for another Party,
unless expressly authorized to do so herein or by separate written instrument signed by the Party to be
charged.
22.Force Majeure. Whenever performance is required of any Party hereunder, such Party
shall use all due diligence to perform and take all necessary measures in good faith to timely perform;
provided, however, that if completion of performance shall be delayed at any time by reason of acts of (i)
war, invasion, rebellion, revolution, insurrection, riots or civil war; (ii) acts of government in its sovereign
capacity; (iii) earthquakes, hurricanes, tidal waves, or any operation of the forces of nature as reasonable
foresight and ability on the part of the affected party could not reasonably provide against; (iv) casualty;
(v) strikes, lockouts, or other significant employee disturbances; (vi) litigation commenced by third
parties which, by injunction or other similar judicial action, directly results in delays; (vii) epidemic or
pandemic (and expressly including the COVID-19 (Coronavirus) pandemic), and (viii) events beyond the
reasonable control of the Person claiming the existence of a Force Majeure event, other than a shortage of
funds or lack of reasonable diligence on the part of such Party (each a “Force Majeure Event” and
collectively “Force Majeure Events”), then the time for performance as herein specified shall be
appropriately extended by the amount of the delay actually so caused. The provisions of this Section 22
shall not operate to excuse any Party from the prompt payment of any monies required by this Agreement.
[Signature pages follow]
1951267.v8
SIGNATURE PAGE
TO
AMENDED AND RESTATED
EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT
CITY OF SAINT ANTHONY VILLAGE,
MINNESOTA
a Minnesota statutory city
By:
Its Mayor
By:
Its City Clerk
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2021 by
______________ and __________________, the Mayor and City Clerk, respectively, of the City of Saint
Anthony Village, Minnesota, a Minnesota statutory city, on behalf of the city.
Notary Public
15
1951267.v8
SIGNATURE PAGE
TO
AMENDED AND RESTATED
EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT
APACHE PARK OWNER:
SVAP III SILVER LAKE APACHE PARK, LLC, a
Delaware limited liability company
By:Sterling Value Add Investments III, LLC, a
Delaware limited liability company
Its:Sole Member
By:SVAP III GP, LLC,
a Delaware limited liability company
Its: Manager
By:
Name:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
)
)
)
ss.
The foregoing instrument was acknowledged before me by means of c physical presence or c
online notarization, this ____ day of ___________, 2021, by , as
of SVAP III GP, LLC, a Delaware limited liability company, the
Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, which in
turn is the sole Member of SVAP III Silver Lake Apache Park, LLC, a Delaware limited liability
company, on behalf of such entities, and such person c is personally known to me or c has produced a
_____________________ as identification.
_________________________________________________
Notary Public
16
1951267.v8
SIGNATURE PAGE
TO
AMENDED AND RESTATED
EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT
SHOPPING CENTER OWNER:
SVAP III SILVER LAKE VILLAGE, LLC, a
Delaware limited liability company
By:Sterling Value Add Investments III, LLC, a
Delaware limited liability company
Its:Sole Member
By:SVAP III GP, LLC,
a Delaware limited liability company
Its: Manager
By:
Name:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
)
)
)
ss.
The foregoing instrument was acknowledged before me by means of c physical presence or c
online notarization, this ____ day of ___________, 2021, by , as
of SVAP III GP, LLC, a Delaware limited liability company, the
Manager of Sterling Value Add Investments III, LLC, a Delaware limited liability company, which in
turn is the sole Member of SVAP III Silver Lake Village, LLC, a Delaware limited liability company, on
behalf of such entities, and such person c is personally known to me or c has produced a
_____________________ as identification..
_________________________________________________
Notary Public
17
1951267.v8
SIGNATURE PAGE
TO
AMENDED AND RESTATED
EASEMENT, MANAGEMENT AND MAINTENANCE AGREEMENT
SALO PARK OWNER:
DORAN SLV III, LLC, a Minnesota limited
liability company
By:
Name: Kelly J. Doran
Its: Chief Manager
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
)
)
ss.
The foregoing instrument was acknowledged before me this ____ day of ___________, 2021, by
Kelly J. Doran, the Chief Manager of Doran SLV III, LLC, a Minnesota limited liability company, on
behalf of said limited liability company.
_________________________________________________
Notary Public
18
1951267.v8
The Authority hereby executes this Amended and Restated
Easement, Management and Maintenance Agreement for
the sole purpose of acknowledging and consenting to the
amendment and restatement of the Original Agreement as
stated in the Recitals to this Agreement:
HOUSING AND REDEVELOPMENT AUTHORITY
OF ST. ANTHONY VILLAGE, MINNESOTA, a
public body corporate and politic and political subdivision
of the State of 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 _________, 2021, by
______________________ and ______________ the Chair and Executive Director 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, on behalf of the Authority.
Notary Public
THIS DOCUMENT WAS PREPARED BY:
City of St. Anthony Village, Minnesota
3301 Silver Lake Rd NE,
St Anthony, MN 55418
19
1951267.v8
ACKNOWLEDGMENT AND CONSENT
RGA REINSURANCE COMPANY, as the holder of a Mortgage, Assignment of Leases and
Rents, Security Agreement and Fixture Filing, dated March 10, 2020, filed with the Ramsey County
Recorder’s Office on March 18, 2020, as Document No. A04802691 encumbering Lot 1, Block 1, and
Lot 3, Block 2, Silver Lake Village; Lots 1 and 2, Block 1, Silver Lake Village 2nd Addition; Lots 1 and
6, Block 1, and Outlot B, Silver Lake Center, and Lot 3, Block 1, Silver Lake Center; Outlot A, Silver
Lake Village and Outlot A, Silver Lake Center, Ramsey County, Minnesota, hereby consents and agrees
to the foregoing Amended and Restated Easement, Management and Maintenance Agreement.
RGA REINSURANCE COMPANY, a Missouri
corporation
By:
Its:
STATE OF MISSOURI )
) SS
COUNTY OF _________)
The foregoing was acknowledged before me this ____ day of ______________, 2021, by
___________________, the _________________ of RGA Reinsurance Company, a Missouri
corporation, on behalf of the corporation.
Notary Public
20
1951267.v8
EXHIBIT A
LEGAL DESCRIPTION OF SALO PARK PROPERTY
Outlot B, Silver Lake Village, according to the recorded plat thereof, Ramsey County, Minnesota.
21
1951267.v8
EXHIBIT B
LEGAL DESCRIPTION OF APACHE PARK PROPERTY
Outlot A, Silver Lake Village according to the recorded plat thereof, and Outlot A, Silver Lake Center
according to the recorded plat thereof, Ramsey County, Minnesota
22
1951267.v8
EXHIBIT C
REMEDIATION PLAN
23
1951267.v8
EXHIBIT D
SHOPPING CENTER ACCESS AREAS
24
1951267.v8
EXHIBIT D-1
LEGAL DESCRIPTION
Lot 1, Block 1 and Lot 3, Block 2, Silver Lake Village, according to the recorded plat thereof, Ramsey
County, Minnesota.
Lots 1 and 2, Block 1, Silver Lake Village 2nd Addition, according to the recorded plat thereof, Ramsey
County, Minnesota.
Lots 1 and 6, Block 1 and Outlot B, Silver Lake Center, according to the recorded plat thereof, Ramsey
County, Minnesota.
Lot 3, Block 1, Silver Lake Center, according to the recorded plat thereof, Ramsey County, Minnesota.
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 21-083
A RESOLUTION APPROVING THE SALO PARK MAINTENANCE
AGREEMENT WITH DORAN SLV III, LLC AND SAVP III SILVER LAKE
VILLAGE, LLC.
WHEREAS; the Council reviewed the plan at the October 26, 2021 Worksession
WHEREAS, the City of St. Anthony will enter a Maintenance Agreement with
Doran SLV III, LLC and SAVP III, Sliver Lake Village, LLC (Property Owners);
WHEREAS, the City of St. Anthony Village will be responsible for landscaping,
irrigation, lighting, trash collection and concrete replacement AND;
WHEREAS, the Property Owners will be responsible for the Storm Water Ponds,
water quality, dredging, management system, drainage facilities and interconnection of
the ponds.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village approves the Salo Park Maintenance Agreement.
APPROVED in the regular session of the City Council on November 9, 2021.
_________________________________________
Randy Stille, Mayor
ATTEST:___________________________
City Clerk
Review for Administration: _______________________________________
Charlie Yunker, City Manager
Date Type Staff Present
November 15 Work
Session Commission Interviews
City Council
City Manager
November 16 Work
Session Joint with Planning Commission
City Council
City Manager
November 23 Regular
Fire Prevention Poster Winners
2nd Reading and Adoption Water, Sewer, & Stormwater
2022 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
City Council
City Manager
December 14 Work
Session Communications Survey & Policy
City Council
City Manager
December 14 Regular
Water Conservation Poster Winners
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 2022 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2022 Fee Schedule
Quarterly Goals update
Final reading and adoption of water, sewer, & stormwater
Students in Government Presentation
City Council
City Manager
Finance Director
City Engineer
December 28 Regular City Council
City Manager
January 11 Work
Session
City Council
City Manager
January 11 Regular
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 25 Regular
Public Works Snow Plowing Operations presentation
NYFS Agreement
Outside Orgs-Council
City Council
City Manager
February 8 Work
Session
City Council
City Manager
February 8 Regular
Planning Commission items from January
Public Hearing-2023 Budget Calendar and Process
2022 Planning Commission Work Plan- (motion only)
Administration Annual Report
City Council
City Manager
Finance Director
FUTURE COUNCIL AGENDA ITEMS
2021
2022
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
February 22 Regular
Finance Annual Report
GreenCorp Member application-resolution
Adoption of Strategic Plan
Liquor Annual Report
City Council
City Manager
Liquor Op Manager
March 8 Work
Session Debt Levy/Updated Street Improvement Plan
City Council
City Manager
Finance Director
March 8 Regular
Planning Commission Items from February
Liquor License Renewals
Public Works Annual Report
2022 Parks and Environmental Commission Work Plan- (motion only)
Open to Business Presentation to the Council
City Council
City Manager
Public Works Director
March 22 Regular
Police Annual Report
Wyland Water Challenge
2022 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessment
Call for sale of bonds
Approval of 2023 debt levy-public hearing
City Council
City Manager
Police Dept
City Engineer
April 12 Work
Session
City Council
City Manager
April 12 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Fire Annual Report
Arbor Day Proclamation
Earth Day Proclamation
Quarterly Goals Update
City Council
City Manager
Fire Dept
April 26 Regular
2022 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
Presentation from Nine North-Dana Healy
City Council
City Manager
City Engineer
May 10 Work
Session
City Council
City Manager
May 10 Regular
Planning Commission items from April
Insurance Renewal
Tort Limits - Consent
Order 2023 Feasibility Study
City Council
City Manager
City Engineer
May 22 Regular Salo Park Concert Series
Chamber of the Year and Business of the Year
City Council
City Manager
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
June 14 Work
Session Estimated Levy Scenarios
City Council
City Manager
June 14 Regular Planning Commission Items from May City Council
City Manager
June 28 Regular Audit Presentation
Finance Annual Report
City Council
City Manager
July 12 Work
Session
City Council
City Manager
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
Approval of 2023 debt levy-public hearing
Quarterly Goals Update
City Council
City Manager
Finance Director
July 26 Regular
Liquor Operations Mid Year Report
VillageFest Presentation
Night to Unite Presentation
Night to Unite Proclamation
GARE Team Presentation
City Council
City Manager
Liquor Op Mgr
Police Chief
August 9 Work
Session
City Council
City Manager
August 9 Regular Planning Commission items from July
Approve 2023 Feasibility Study and Order Plans and Specs
City Council
City Manager
August 23 Regular Budget Presentation
City Council
City Manager
Finance Director
September 13 Work
Session
City Council
City Manager
September 13 Regular
Planning Commission items from August
2023 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
Students in Leadership-Consent
City Council
City Manager
Finance Director
September 27 Regular
Fire Prevention Presentation
Spirit of St. Anthony Award
SANB #282 Presentation
Union Contracts
City Council
City Manager
Fire Dept
October 11 Work
Session 2023 Long term capital budget plans
City Council
City Manager
Finance Director
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
October 11 Regular Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
City Council
City Manager
October 25 Work
Session 2023 utility rates and budgets
City Council
City Manager
Finance Director
October 25 Regular
Quarterly Donations & Grants
Quarterly Goals Update
Approval of CIP
City Council
City Manager
Finance Director
November 8 Work
Session Council Topic
City Council
City Manager
November 8 Regular
Planning Commission items from October
Authorizing polling places for 2022
1st Reading Water, Sewer, & Stormwater-Public Hearing
Hennepin County Recycling Agreement
Salo Maintenance Agreement
Canvass Election Results
City Council
City Manager
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS