HomeMy WebLinkAboutCC PACKET 04262022*HRA meeting immediately after council meeting.
CITY OF SAINT ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
Tuesday, April 26 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 04 -12 -2022.PDF
License And Permits
LICENSEANDPERMITS .PDF
Claims
4 -27 -22.PDF
Public Hearing.
2022 Street And Utility Improvement Projects
Justin Messner, City Engineer, presenting.
COVER LETTER.PDF
PRESENTATION.PDF
PUBLIC HEARING 2022 STREET AND UTILITY IMPROVEMENTS.PDF
PUBLIC HEARING ASSESSMENT FOR 2022 STREET AND UTILITY.PDF
Resolution 22 -037 - Ordering Improvements For The 2022 Street And Utility
Improvements
RESOLUTION 22 -037.PDF
Resolution 22 -038 - Adopting And Confirming Assessments For The 2022 Street
And Utility Improvements
RESOLUTION 22 -038.PDF
Resolution 22 -039 - Awarding A Bid For The 2022 Street And Utility
Improvements
RESOLUTION 22 -039.PDF
Code Amendments Revisions
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
Ordinance 2022 -01 - Amending The St. Anthony City Code By Amending
Deleting The C, Commercial Zoning District And Replacing It In Its Entirety
ORDINANCE 22 -01 REDLINED.PDF
Resolution 22 -040 - Approving Summary Of Publication For Ordinance 2022 -01
RESOLUTION 22 -040.PDF
Ordinance 2022 -02 - Amending The St. Anthony City Code, By Amending
Deleting The L -I, Light Industrial Zoning District And Replacing It In Its
Entirety
ORDINANCE 22 -02 REDLINED.PDF
Resolution 22 -041 - Approving Summary Of Publication For Ordinance 22022 -02
RESOLUTION 22 -041.PDF
Ordinance 2022 -03 - Amending The St. Anthony City Code By Amending
Sections Related To Swimming Pools, Refuse Handling, Signs, Natural
Landscapes, Parking, Accessory Uses And Administrative Procedures
ORDINANCE 22 -03 REDLINED.PDF
Resolution 22 -042 Approving Summary Publication For Ordinance 2022 -03
RESOLUTION 22 -042.PDF
Reports From Commission And Staff.
General Business Of Council.
Resolution 22 -043 - Renewing The Master Partnership Contract With The
Minnesota Department Of Transportation
Justin Messner, City Engineer, presenting.
COVER MEMO.PDF
CONTRACT.PDF
RESOLUTION 22 -043.PDF
Resolution 22 -044 Approving A Contract With MNSPECT, LLC To Provide
Building Inspection Services
Charlie Yunker, City Manager, presenting.
COVER MEMO.PDF
AGREEMENT.PDF
EXHIBIT A - PROPOSAL.PDF
EXHIBIT B -TERMS AND CONDITIONS.PDF
RESOLUTION 22 -044.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.
Next City Council Meeting: May 10, 2022
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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*HRA meeting immediately after council meeting.CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, April 26 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 04 -12 -2022.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims4-27 -22.PDFPublic Hearing.2022 Street And Utility Improvement Projects
Justin Messner, City Engineer, presenting.
COVER LETTER.PDF
PRESENTATION.PDF
PUBLIC HEARING 2022 STREET AND UTILITY IMPROVEMENTS.PDF
PUBLIC HEARING ASSESSMENT FOR 2022 STREET AND UTILITY.PDF
Resolution 22 -037 - Ordering Improvements For The 2022 Street And Utility
Improvements
RESOLUTION 22 -037.PDF
Resolution 22 -038 - Adopting And Confirming Assessments For The 2022 Street
And Utility Improvements
RESOLUTION 22 -038.PDF
Resolution 22 -039 - Awarding A Bid For The 2022 Street And Utility
Improvements
RESOLUTION 22 -039.PDF
Code Amendments Revisions
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
Ordinance 2022 -01 - Amending The St. Anthony City Code By Amending
Deleting The C, Commercial Zoning District And Replacing It In Its Entirety
ORDINANCE 22 -01 REDLINED.PDF
Resolution 22 -040 - Approving Summary Of Publication For Ordinance 2022 -01
RESOLUTION 22 -040.PDF
Ordinance 2022 -02 - Amending The St. Anthony City Code, By Amending
Deleting The L -I, Light Industrial Zoning District And Replacing It In Its
Entirety
ORDINANCE 22 -02 REDLINED.PDF
Resolution 22 -041 - Approving Summary Of Publication For Ordinance 22022 -02
RESOLUTION 22 -041.PDF
Ordinance 2022 -03 - Amending The St. Anthony City Code By Amending
Sections Related To Swimming Pools, Refuse Handling, Signs, Natural
Landscapes, Parking, Accessory Uses And Administrative Procedures
ORDINANCE 22 -03 REDLINED.PDF
Resolution 22 -042 Approving Summary Publication For Ordinance 2022 -03
RESOLUTION 22 -042.PDF
Reports From Commission And Staff.
General Business Of Council.
Resolution 22 -043 - Renewing The Master Partnership Contract With The
Minnesota Department Of Transportation
Justin Messner, City Engineer, presenting.
COVER MEMO.PDF
CONTRACT.PDF
RESOLUTION 22 -043.PDF
Resolution 22 -044 Approving A Contract With MNSPECT, LLC To Provide
Building Inspection Services
Charlie Yunker, City Manager, presenting.
COVER MEMO.PDF
AGREEMENT.PDF
EXHIBIT A - PROPOSAL.PDF
EXHIBIT B -TERMS AND CONDITIONS.PDF
RESOLUTION 22 -044.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.
Next City Council Meeting: May 10, 2022
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:VII.A.
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*HRA meeting immediately after council meeting.CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, April 26 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 04 -12 -2022.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims4-27 -22.PDFPublic Hearing.2022 Street And Utility Improvement ProjectsJustin Messner, City Engineer, presenting.COVER LETTER.PDFPRESENTATION.PDFPUBLIC HEARING 2022 STREET AND UTILITY IMPROVEMENTS.PDFPUBLIC HEARING ASSESSMENT FOR 2022 STREET AND UTILITY.PDFResolution 22 -037 - Ordering Improvements For The 2022 Street And Utility ImprovementsRESOLUTION 22 -037.PDFResolution 22 -038 - Adopting And Confirming Assessments For The 2022 Street And Utility ImprovementsRESOLUTION 22 -038.PDFResolution 22 -039 - Awarding A Bid For The 2022 Street And Utility ImprovementsRESOLUTION 22 -039.PDFCode Amendments RevisionsSteve Grittman, City Planner, presenting.COVER MEMO.PDFOrdinance 2022 -01 - Amending The St. Anthony City Code By Amending Deleting The C, Commercial Zoning District And Replacing It In Its EntiretyORDINANCE 22 -01 REDLINED.PDFResolution 22 -040 - Approving Summary Of Publication For Ordinance 2022 -01RESOLUTION 22 -040.PDFOrdinance 2022 -02 - Amending The St. Anthony City Code, By Amending Deleting The L -I, Light Industrial Zoning District And Replacing It In Its Entirety
ORDINANCE 22 -02 REDLINED.PDF
Resolution 22 -041 - Approving Summary Of Publication For Ordinance 22022 -02
RESOLUTION 22 -041.PDF
Ordinance 2022 -03 - Amending The St. Anthony City Code By Amending
Sections Related To Swimming Pools, Refuse Handling, Signs, Natural
Landscapes, Parking, Accessory Uses And Administrative Procedures
ORDINANCE 22 -03 REDLINED.PDF
Resolution 22 -042 Approving Summary Publication For Ordinance 2022 -03
RESOLUTION 22 -042.PDF
Reports From Commission And Staff.
General Business Of Council.
Resolution 22 -043 - Renewing The Master Partnership Contract With The
Minnesota Department Of Transportation
Justin Messner, City Engineer, presenting.
COVER MEMO.PDF
CONTRACT.PDF
RESOLUTION 22 -043.PDF
Resolution 22 -044 Approving A Contract With MNSPECT, LLC To Provide
Building Inspection Services
Charlie Yunker, City Manager, presenting.
COVER MEMO.PDF
AGREEMENT.PDF
EXHIBIT A - PROPOSAL.PDF
EXHIBIT B -TERMS AND CONDITIONS.PDF
RESOLUTION 22 -044.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.
Next City Council Meeting: May 10, 2022
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:VII.A.Documents:a.Documents:b.Documents:c.Documents:B.Documents:a.Documents:i.Documents:b.Documents:
i.
Documents:
c.
Documents:
i.
Documents:
VIII.
IX.
A.
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B.
Documents:
X.
XI.
XII.
Documents:
XIII.
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*HRA meeting immediately after council meeting.CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, April 26 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 04 -12 -2022.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims4-27 -22.PDFPublic Hearing.2022 Street And Utility Improvement ProjectsJustin Messner, City Engineer, presenting.COVER LETTER.PDFPRESENTATION.PDFPUBLIC HEARING 2022 STREET AND UTILITY IMPROVEMENTS.PDFPUBLIC HEARING ASSESSMENT FOR 2022 STREET AND UTILITY.PDFResolution 22 -037 - Ordering Improvements For The 2022 Street And Utility ImprovementsRESOLUTION 22 -037.PDFResolution 22 -038 - Adopting And Confirming Assessments For The 2022 Street And Utility ImprovementsRESOLUTION 22 -038.PDFResolution 22 -039 - Awarding A Bid For The 2022 Street And Utility ImprovementsRESOLUTION 22 -039.PDFCode Amendments RevisionsSteve Grittman, City Planner, presenting.COVER MEMO.PDFOrdinance 2022 -01 - Amending The St. Anthony City Code By Amending Deleting The C, Commercial Zoning District And Replacing It In Its EntiretyORDINANCE 22 -01 REDLINED.PDFResolution 22 -040 - Approving Summary Of Publication For Ordinance 2022 -01RESOLUTION 22 -040.PDFOrdinance 2022 -02 - Amending The St. Anthony City Code, By Amending Deleting The L -I, Light Industrial Zoning District And Replacing It In Its Entirety ORDINANCE 22 -02 REDLINED.PDFResolution 22 -041 - Approving Summary Of Publication For Ordinance 22022 -02RESOLUTION 22 -041.PDFOrdinance 2022 -03 - Amending The St. Anthony City Code By Amending Sections Related To Swimming Pools, Refuse Handling, Signs, Natural Landscapes, Parking, Accessory Uses And Administrative ProceduresORDINANCE 22 -03 REDLINED.PDFResolution 22 -042 Approving Summary Publication For Ordinance 2022 -03RESOLUTION 22 -042.PDFReports From Commission And Staff.General Business Of Council.Resolution 22 -043 - Renewing The Master Partnership Contract With The Minnesota Department Of TransportationJustin Messner, City Engineer, presenting.COVER MEMO.PDFCONTRACT.PDFRESOLUTION 22 -043.PDFResolution 22 -044 Approving A Contract With MNSPECT, LLC To Provide Building Inspection ServicesCharlie Yunker, City Manager, presenting.COVER MEMO.PDFAGREEMENT.PDFEXHIBIT A - PROPOSAL.PDFEXHIBIT B -TERMS AND CONDITIONS.PDFRESOLUTION 22 -044.PDFReports From City Manager And Council Members.Community ForumIndividuals 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.
Next City Council Meeting: May 10, 2022
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:VII.A.Documents:a.Documents:b.Documents:c.Documents:B.Documents:a.Documents:i.Documents:b.Documents:i.Documents:c.Documents:i.Documents:VIII.IX.A.Documents:B.Documents:X.XI.
XII.
Documents:
XIII.
4
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 APRIL 12, 2022
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, Ehlers Representative
18 Stacie Kvilvang, and Fire Chief Mark Sitarz.
19 Guests:Kristin Moroz and Lona Doolan, Citizens for Sustainability.
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS.
23
24 I.APPROVAL OF APRIL 12, 2022 CITY COUNCIL MEETING AGENDA.
25
26 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the City
27 Council Meeting Agenda of April 12, 2022 as presented.
28
29 Motion carried 5-0.
30
31 II.PROCLAMATIONS AND RECOGNITION.
32
A.33 Arbor Day Proclamation.
34
35 The Mayor and Councilmembers read the proclamation in full designating Friday, April 29, 2022
36 as St. Anthony Arbor Day and the month of May 2022, as Arbor Month in St. Anthony Village.
37 The Arbor Day Foundation has recognized St. Anthony Village as a Tree City USA.
38
39 Motion by Councilmember Walker seconded by Councilmember Randle, to approve the Arbor
40 Day Proclamation.
41 Motion carried 5-0.
42
B.43 Earth Day Proclamation.
44
45 Kristin Moroz, representing Citizens for Sustainability, reviewed the Earth Day activities
46 planned within the City. More information can be found on the Citizensforsustainability website.
47 Mayor Stille commended those in the community that are picking up trash prior to Earth Day.
48
5
City Council Regular Meeting Minutes
April 12, 2022
Page 2
1 The Mayor and Councilmembers read the proclamation in full proclaiming April 22, 2022 as
2 Earth Day throughout St. Anthony Village.
3
4 Motion by Councilmember Walker seconded by Councilmember Webster, to approve the Earth
5 Day Proclamation.
6
7 Motion carried 5-0.
8
9 III.CONSENT AGENDA.
10
A.11 Approval of March 22, 2022 City Council Meeting Minutes.
B.12 Licenses and Permits.
C.13 Claims.
D.14 Resolution 22-031 – Accepting 1st Quarter Donations and Grants.
E.15 Resolution 22-032 – Renewal of Municipal Insurance Coverage and the Non Waiter of
16 Tort Liability Limits for the League of Minnesota Cities Insurance Program.
17
18 Motion by Councilmember Jenson, seconded by Councilmember Webster, to approve the
19 Consent Agenda items.
20
21 Motion carried 5-0.
22
23 IV.PUBLIC HEARING – NONE.
24
25 V.REPORTS FROM COMMISSION AND STAFF.
26
A.27 Resolution 22-036 – Approving a Request for a Conditional Use Permit for a Fence
28 Exceeding the Required 6 Foot Height Maximum in the Front Yard Setback Area at 2812
29 27th Avenue NE in the “C” Commercial Zoning District.
30
31 City Planner Steve Grittman reviewed Mr. Tom Archambault, on behalf of BLVD Autoworks, is
32 proposing to replace an existing six-foot-high fence located along a portion of the west property
33 line of his business (located at 2812 27th Avenue NE) that screens his business property from the
34 adjoining single family residential parcel. The proposed fence would measure 8 feet in height
35 which requires the processing of a conditional use permit. The proposed 8-foot fence would be
36 erected in the same location on the property and is intended to improve screening between the
37 automotive use and the abutting single family residential property to the west. According to the
38 applicant, the owner of the abutting home to the west is supportive of the proposed fence height
39 change.
40
41 Based on the information as submitted, and a review of the applicable ordinance, staff
42 recommends approval of the Conditional Use Permit, with conditions as follows:
1.43 The new fence shall satisfy all applicable fence construction requirements as outlined in
44 Section 150.073 of the Code.
2.45 Comments of other City Staff.
46
6
City Council Regular Meeting Minutes
April 12, 2022
Page 3
1 The Planning Commission conducted a public hearing on the proposed fence at its regular
2 meeting of March 15, 2022. No members of the public spoke at the hearing. Two members of the
3 public provided written comments, both of which encouraged approval of the fence proposal
4 based on the need to replace the aging existing fence and the better ability of the newer fence to
5 screen the adjoining residential properties from the commercial use. The original request was for
6 a variance for the fence from 6 to 8 feet high. Staff found a conditional use permit was
7 appropriate for this request. Both the Planning Commission and City Staff recommend approval
8 of the conditional use permit.
9
10 Councilmember Jenson asked if the next door neighbor was contacted. Mr. Grittman noted the
11 neighbors were in support of the request.
12
13 Motion by Councilmember Randle, seconded by Councilmember Webster, to approve
14 Resolution 22-036 – Approving a Request for a Conditional Use Permit for a Fence Exceeding
15 the Required 6 Foot Height Maximum in the Front Yard Setback Area at 2812 27th Avenue NE
16 in the “C” Commercial Zoning District.
17
18 Motion carried 5-0.
19
20 VI.GENERAL BUSINESS OF COUNCIL.
21
22 A.Resolution 22-033 – Providing for the Sale of $2,390,000 General Obligation Bonds
23 Series, 2022A.
24
25 Ms. Stacie Kvilvang, Senior Municipal Advisor at Ehlers Public Finance Advisors, reviewed the
26 proposed issue is for $2,390,000 General Obligation Bonds Series 2022A. The proposed, tax-
27 exempt issue will finance the 2022 street reconstruction and mill and overlay projects within the
28 City. Including the estimated financing costs, the anticipated Bonds are allocated between the
29 following purposes:
30 $410,000 Mill and Overlay Portion. This portion of the Bonds is being issued for a 10-
31 year period. The City intends to levy a total of $253,412 in special assessments to
32 benefitting property owners, of which approximately $84,438 (33%) is anticipated to be
33 collected in pre-paid assessment.
34 $1,980,000 Road Reconstruction Portion. This portion of the Bonds is being issued for a
35 15-year period. The City intends to levy a total of $239,200 in special assessments to
36 benefitting property owners, of which $104,512 (44%) is anticipated to be collected in
37 pre-paid assessment.
38
39 The City’s most recent bond issues were rated by S&P Global Ratings. The current ratings on
40 those bonds are “AA”. The City will request a new rating for the Bonds. Ms. Kvilvang reviewed
41 the proposed debt issuance schedule.
42
43 Mayor Stille asked Ms. Kvilvang to discuss rates which have gone up significantly. Ms.
44 Kvilvang stated they could go up from 5 to 20 basis points per week. There is a true interest cost
45 of 2.9%. Mayor Stille stated we have had a bond issue for street projects every year. 2.9% is
46 pretty good. Even if rates are a little higher it will have a 9 year call date.
7
City Council Regular Meeting Minutes
April 12, 2022
Page 4
1
2 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve Resolution
3 22-033 – Providing for the Sale of $2,390,000 General Obligation Bonds Series, 2022A.
4
5 Motion carried 5-0.
6
7 B.Resolution 22-034 – Approving the Use of Central Park Parking Lots, Community Center
8 Gymnasium and City Hall Atrium for a Special Event Bike and Transportation Expo on
9 May 14, 2022.
10
11 City Manager Yunker reviewed this is a resolution to approve a special event permit request
12 from Community Services in the Central Park parking lot, Community Services Gymnasium and
13 City Hall Atrium on May 14, 2022 from 10:00 a.m. – 1:00 p.m.
14
15 Staff has created a special event permit to facilitate gathering event information, department dead
16 reviews of event, and staff recommendations to the City Council. The special event permit is
17 used if the event fits one or more of the following criteria:
18 Expected attendance of more than 100 people and open to the general public.
19 Event is requesting the use of city property and/or street closures.
20 There will be amplified live or pre-recorded music.
21 There will be the sale of alcoholic beverages.
22
23 The applicant is seeking permission to host a Bike and Transportation Expo in the Central Park
24 parking lot, Community Services gym, and City Hall atrium which is City property. The event
25 will include an electric car display with an option to drive as well as a bicycle riding course
26 organized by the SAV police department. Staff has reviewed the special event permit and
27 recommends approval.
28
29 Ms. Lona Doolan read the press release that was prepared for the event. More information is
30 available through Community Services.
31
32 Councilmember Walker asked about reserving times for trying the bikes. Ms. Doolan stated they
33 could add a sign-up/reservation for the bikes.
34
35 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve Resolution
36 22-034 – Approving the Use of Central Park Parking Lots, Community Center Gymnasium and
37 City Hall Atrium for a Special Event Bike and Transportation Expo on May 14, 2022.
38
39 Motion carried 5-0.
40
C.41 Resolution 22-035 – Approving the Use of the Community Center Parking Lot for a
42 Special Event Car Wash on May 7, 2022.
43
44 City Manager Yunker reviewed this request is a resolution to approve a special event permit
45 request from St. Anthony Girls Golf in the Community Center parking lot on May 7, 2022 from
46 11:00 a.m. – 2:00 p.m. The applicant is seeking permission to host a car wash in the Community
8
City Council Regular Meeting Minutes
April 12, 2022
Page 5
1 Center parking lot which is City property. Staff has reviewed the special event permit and
2 recommends approval. Mayor Stille reminded Mike Scholl to use the least amount of water as
3 possible.
4
5 Motion by Councilmember Walker, seconded by Councilmember Randle, to approve Resolution
6 22-035 – Approving the Use of the Community Center Parking Lot for a Special Event Car
7 Wash on May 7, 2022.
8
9 Motion carried 5-0.
10
D.11 Fire Department Annual Report.
12
13 Fire Chief Mark Sitarz reviewed the St. Anthony Village 2021 Annual Fire Department Report.
14 Chief Sitarz provided a chart showing the Fire Department Divisions and also an organizational
15 chart of the Fire Department. There were 25 active firefighters, 4 current rookies, and 2 part-
16 time code and rental inspectors. The Operations Division include personnel, call response,
17 vehicles, equipment and communications. In 2001 there were 901 calls and in 2021 there were
18 1661 calls which was an 84.35% increase. Last year was a record year for the department. The
19 breakdown of the 2021 calls were 71.16% Medical Calls and 28.84% Fire/Other Calls. The 2021
20 Dollar Loss from Fire was $226,150.
21
22 Fire Investigations include building fire, vehicle fire, dumpster fires and cooking fires. The
23 Operations Summary includes 1661 calls, 17 fires, Average response time 2 minutes 46 seconds
24 for Code 3 calls (lights and sirens), and 3 cardiac arrests in 8 weeks where all 3 walked out of the
25 hospital with no deficits.
26
27 OSHA mandates 24 hours of training annually with the SAFD average for 2021 being 87 hours.
28 Department wide 2455 hours of training were provided. Improvement on logging training hours
29 will be done. Chief Sitarz showed photographs and explained them in full of the types of training
30 that was provided.
31
32 Fire Inspections – All career staff are state certified fire inspectors. All apartment buildings and
33 high hazard occupancies are inspected annually. Every other occupancy is inspected every 2
34 years for safety/compliance, pre-planning and educational opportunities.
35
36 The Assistant Chief/Fire Marshal (Chris Fuller) is responsible for correspondence, training,
37 research and plan review.
38
39 Fire Prevention/Public Education efforts included Open House, School Presentations, Fire Poster
40 Contest, CPR at the High School, Summer Survival, Safe Escape House, Night to Unite and
41 Santa.
42
43 Housing Code Enforcement resulted in 681 contacts with residents and businesses of which 637
44 of those are now closed items. This is a 94% closure rate. Initiatives for Code Enforcement
45 included new code committee created to review current ordinances, creation of 8 educational
46 handouts, organized 2 community forums tied to pollinator species and friendly vegetation,
9
City Council Regular Meeting Minutes
April 12, 2022
Page 6
1 attended 4 virtual training sessions by the Standards and Code Academy and Metric One
2 Training and Consulting and identified, documented and created draft language for over 40 areas
3 within current code.
4
5 In 2021 there were 204 total rental inspections for a total of 1631 rental units. Emergency
6 Management include preparedness, mitigation, response, recovery (Hennepin County, Ramsey
7 County, HSEM). Chief Sitarz stated he is very proud of the department.
8
9 Councilmember Walker thanked Chief Sitarz for the detailed report and how the department
10 coped with COVID.
11
12 Councilmember Webster stated she appreciates Chief Sitarz’s leadership of the department. She
13 witnessed staff’s dealing with the public at the pinewood derby.
14
15 Councilmember Jenson is impressed with the amount of training the department does and the
16 development of the procedures. He appreciates the amount of training is well over the minimum.
17
18 Mayor Stille stated the field has changed more from fire to medical. There was an 84% increase
19 in calls with 0% in additional personnel. Chief Sitarz has prepared a grant application to increase
20 the full time staff. The Council is 100% behind the Fire Department.
21
E.22 Quarterly Goals Update.
23
24 City Manager Yunker provided the 2022 1st Quarter Goals Update. Mayor Stille thanked Mr.
25 Yunker for the update.
26
27 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
28
29 City Manager Yunker had no report.
30
31 Councilmember Webster noted she attended the Pinewood Derby on April 2, 2022 as a celebrity
32 racer.
33
34 Councilmember Randle had no report.
35
36 Councilmember Jenson noted last week he attended two meetings with the Ramsey County
37 Local League of Governments.
38
39 Councilmember Walker stated he met with the religious leaders of the community.
40
41 Mayor Stille stated on March 29, Council had a joint meeting with the School Board. On April
42 11, 2022 he attended the Regional Council of Mayors Meeting.
43
44 VIII.COMMUNITY FORUM.
45
10
City Council Regular Meeting Minutes
April 12, 2022
Page 7
1 Mr. Gene Bird, 2529 Silver Lane, stated he is happy to see the maintenance being done to the water
2 tower but after seeing the designs, he feels the design didn’t express anything about the City. He
3 requested the City consider other designs for the water tower. He has some sketches he would like to
4 share. Mayor Stille suggested Mr. Bird bring the sketches to City Hall.
5
6 IX.INFORMATION AND ANNOUNCEMENTS.
7
8 St. Anthony is 240th in the Wyland Water Challenge. He encouraged residents to go online and vote.
9
10 X. ADJOURNMENT.
11
12 Mayor Stille adjourned the meeting at 8:15 p.m.
13
14 Respectfully submitted,
15 Debbie Wolfe
16 TimeSaver Off Site Secretarial, Inc.
17
18 Mayor
19 ATTEST:
20 City Clerk
21
11
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12
Saint Anthony Village
DATE: April 26, 2022 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Dirty Boys Landscaping, New Brighton, MN
Rainbow Treecare, Minnetonka, MN
Summit Installations, Edmond, OK
Cigarette and Tobacco License:
Applicant:Holiday Stationstores
Location:3810 Silver Lake Rd NE
Services Station License:
Applicant:Holiday Stationstores
Location:3810 Silver Lake Rd NE
13
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 4/8/2022 - 4/27/2022 Apr 20, 2022 04:09PM
Vendor Number Payee Check Number Check Issue Date Amount
11457 ST ANTHONY VILLAGE CENTER, LLC 46684 04/13/2022 2,571.16
10710 ICMA RETIREMENT TRUST 46685 04/15/2022 1,205.00
11813 NCPERS GROUP LIFE INSURANCE 46686 04/15/2022 32.00
12760 10322006 SSI MN TRANCHE 1 (FD)46687 04/27/2022 802.95
1118 56 BREWING 46688 04/27/2022 588.00
10039 AIRGAS USA LLC 46689 04/27/2022 84.13
1122 AM CRAFTS SPIRITS 46690 04/27/2022 44.65
10092 APACHE GROUP 46691 04/27/2022 872.26
1100 ARTISIAN BEER COMPANY 46692 04/27/2022 7,142.72
10125 ASTLEFORD INTERNATIONAL 46693 04/27/2022 2,436.66
1013 BELLBOY CORPORATION 46694 04/27/2022 5,427.94
1014 BELLBOY CORPORATION 46695 04/27/2022 392.45
2009 BLACK STACK BREWING 46696 04/27/2022 495.00
10185 BOUND TREE MEDICAL LLC 46697 04/27/2022 1,341.49
8544 BOURGET IMPORTS 46698 04/27/2022 463.00
1018 BREAKTHRU BEVERAGE MN BEER 46699 04/27/2022 20,309.39
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 46700 04/27/2022 12,780.74
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 46701 04/27/2022 3,064.95
10218 BUREAU OF CRIM APPREHENSION 46702 04/27/2022 510.00
1017 CAPITOL BEVERAGE SALES 46703 04/27/2022 16,649.08
10252 CENTERPOINT ENERGY 46704 04/27/2022 11,370.04
13109 CENTRAL MCGOWAN 46705 04/27/2022 56.62
10263 CENTURYLINK 46706 04/27/2022 608.89
12596 CINTAS 46707 04/27/2022 3,051.46
10292 CITY OF ROSEVILLE 46708 04/27/2022 599.38
1010 CLEAR RIVER BEVERAGE COMPANY 46709 04/27/2022 934.00
13121 CLEARWAY COMMUNITY SOLAR LLC 46710 04/27/2022 675.53
12561 CORE & MAIN LP 46711 04/27/2022 2,130.76
12924 COREMARK METALS 46712 04/27/2022 12.96
1042 CRYSTAL SPRINGS ICE 46713 04/27/2022 188.16
12821 CUSHMAN MOTOR CO INC 46714 04/27/2022 750.00
10411 DIAMOND VOGEL PAINTS 46715 04/27/2022 151.57
11796 DO GOOD BIZ INC 46716 04/27/2022 428.38
10432 DORSEY & WHITNEY 46717 04/27/2022 818.50
10461 EHLERS & ASSOCIATES, INC.46718 04/27/2022 325.00
10473 EMERGENCY APPARATUS 46719 04/27/2022 2,014.82
2036 FALLING KNIFE BREWING CO 46720 04/27/2022 666.00
10526 FLEETPRIDE 46721 04/27/2022 33.25
11866 GALLS 46722 04/27/2022 290.58
10617 HARBOR FREIGHT TOOLS 46723 04/27/2022 63.94
2024 HEADFLYER BREWING 46724 04/27/2022 631.00
10641 HENN CNTY CHIEFS OF POLICE ASSN 46725 04/27/2022 560.00
10661 HENNEPIN COUNTY TREASURER 46726 04/27/2022 5,773.47
12711 HENNEPIN HEALTHCARE 46727 04/27/2022 375.00
1019 HOHENSTEIN'S, INC 46728 04/27/2022 7,830.54
2013 INBOUND BREWCO 46729 04/27/2022 916.00
10733 INSTRUMENTAL RESEARCH, INC.46730 04/27/2022 105.00
1016 JJ TAYLOR DISTRIBUTING 46731 04/27/2022 17,004.80
1102 JOHNSON BROTHERS 46732 04/27/2022 3,745.86
1004 JOHNSON BROTHERS LIQUOR COMPANY.46733 04/27/2022 4,573.06
1005 JOHNSON BROTHERS LIQUOR COMPANY.46734 04/27/2022 8,719.08
1006 JOHNSON BROTHERS LIQUOR COMPANY.46735 04/27/2022 13,778.47
1044 JOHNSON BROTHERS LIQUOR COMPANY.46736 04/27/2022 6,771.11
14
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 4/8/2022 - 4/27/2022 Apr 20, 2022 04:09PM
Vendor Number Payee Check Number Check Issue Date Amount
10797 KONICA MINOLTA BUSINESS 46737 04/27/2022 266.36
12894 LEAST SERVICE/COUNSELING LLC 46738 04/27/2022 140.00
10833 LMCIT %BERKLEY RISK ADMIN CO 46739 04/27/2022 746.02
2010 LUPULIN BREWING 46740 04/27/2022 1,182.20
1022 M. AMUNDSON LLP 46741 04/27/2022 2,181.36
10874 MACQUEEN EQUIPMENT GROUP 46742 04/27/2022 686.00
10916 MENARDS LUMBER 46743 04/27/2022 11.98
10982 MINNESOTA DEPT OF HEALTH 46744 04/27/2022 23.00
11965 MINNESOTA POLLUTION CONTROL AGENCY 46745 04/27/2022 345.00
2006 MODIST BREWING COMPANY 46746 04/27/2022 328.00
13160 NATIONAL REGISTRY OF EMERGENCY 46747 04/27/2022 50.00
1051 NEW FRANCE WINE COMPANY 46748 04/27/2022 831.75
12778 NORTHWEST ASSOCIATED CONSULTANTS INC 46749 04/27/2022 9,872.90
12112 OREILLY AUTO PARTS 46750 04/27/2022 5.49
11185 PACE ANALYTICAL SERVICES, INC.46751 04/27/2022 61.00
1012 PAUSTIS & SONS 46752 04/27/2022 4,164.94
1001 PHILLIPS WINE & SPIRITS 46753 04/27/2022 11,649.84
1002 PHILLIPS WINE & SPIRITS 46754 04/27/2022 2,982.93
2043 PORTAGE BREWING COMPANY 46755 04/27/2022 252.00
2019 PRYES BREWING COMPANY 46756 04/27/2022 1,433.00
12482 QUALITY SIGNS & ENGRAVING 46757 04/27/2022 101.00
1062 RED BULL DISTRIBUTION COMPANY 46758 04/27/2022 150.00
2018 SMALL LOT WINES 46759 04/27/2022 469.00
1024 SOUTHERN GLAZER'S OF MN 46760 04/27/2022 3,104.68
1008 SOUTHERN GLAZER'S OF MN 46761 04/27/2022 4,034.25
1026 SOUTHERN GLAZER'S OF MN 46762 04/27/2022 14,485.01
1036 SOUTHERN GLAZER'S OF MN 46763 04/27/2022 1,142.87
11478 STAR TRIBUNE 46764 04/27/2022 187.20
2001 STEEL TOE BREWING 46765 04/27/2022 228.00
12920 SVAP III SILVER LAKE VILLAGE LLC 46766 04/27/2022 5,268.80
11566 TIMESAVER OFF SITE SECRETARIAL 46767 04/27/2022 498.50
11573 TOLL GAS & WELDING SUPPLY 46768 04/27/2022 20.22
11586 TRACY PRINTING 46769 04/27/2022 3,229.00
11819 TRUE NORTH ELECTRIC 46770 04/27/2022 943.60
13046 TWIN CONSTRUCTION, LLC 46771 04/27/2022 500.00
11626 U.S. BANK (PURCHASING CARD)46772 04/27/2022 4,151.43
11635 UNIQUE PAVING MATERIAL 46773 04/27/2022 290.25
12776 USS MINNESOTA ONE MT LLC (CH)46774 04/27/2022 4,989.91
11674 VERIZON WIRELESS 46775 04/27/2022 514.36
11681 VIKING ELECTRIC SUPPLY INC 46776 04/27/2022 32.44
1025 VINOCOPIA 46777 04/27/2022 4,820.56
1034 WINE COMPANY/THE 46778 04/27/2022 518.00
1038 WINE MERCHANTS INC 46779 04/27/2022 1,481.92
1032 WINEBOW 46780 04/27/2022 1,367.25
11731 WITMER PUBLIC SAFETY GRP, INC.46781 04/27/2022 130.39
11738 WSB & ASSOCIATES, INC.46782 04/27/2022 11,651.00
11740 XCEL ENERGY 46783 04/27/2022 5,683.01
Grand Totals: 280,373.22
15
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16
178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM April 15, 2022
Honorable Mayor, City Council and Staff
c/o Charlie Yunker, City Manager
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: 2022 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 018118-000
Dear Honorable Mayor, City Council, and Staff:
Following this letter are three (3) resolutions for your consideration at the April 26, 2022, City Council
Meeting.
A Resolution Ordering Improvements for the 2022 Street and Utility Improvements
This resolution states that the Council has completed the public hearing process and orders the project
to be completed.
A Resolution Adopting and Confirming Assessments for the 2022 Street and Utility
Improvements
Included in the Council packet are the assessments that have been calculated in accordance with the
City’s street assessment policy for the 2022 Street and Utility Improvement Project. This resolution
declares the amount to be assessed at $492,652.79 and outlines the assessment process in
accordance with Minnesota Statutes Chapter 429.
A Resolution Awarding a Bid for 2022 Street and Utility Improvements
This resolution awards the contract for the 2022 Street and Utility Improvement Project to the lowest
bidder. A tabulation of these bidders, as well as the low bidder of McNamara Contracting, Inc. with a
bid amount of $2,123,247.60 , can be seen in the Council packet.
If you have any questions, I will be present at the April 26, 2022, Council Meeting to discuss with you
or please call me at 651.286.8465.
Sincerely,
WSB
Justin Messner, PE
City Engineer
Attachments
cc: Jeremy Gumke, City of St. Anthony Village
Nicole Miller, City of St. Anthony Village
Katie Koscielak, WSB
kak
17
4/18/2022
1
2022 Street and Utility
Improvement Project
PUBLIC HEARING
APRIL 26, 2022
Project Location
Reconstruction
•Rankin Road
18
4/18/2022
2
Project Location Location
•Crestview Drive
(29th Avenue to 31st Avenue)
•Armour Terrace
(Silver Lake Road to Crestview Drive)
•Bell Lane
(Armour Terrace to Crestview Drive)
•East Gate Road
(Crestview Drive to Rankin Road)
•Coolidge Street Alley
(Murray Avenue to 29th Avenue)
•Murray Ave/St. Anthony Blvd Alley
(Wilson Street to Coolidge Street)
•29th Ave/St. Anthony Blvd Alley
(bounded by 29th Avenue, Roosevelt Street,
St. Anthony Boulevard, and Stinson Boulevard)
Common Construction Concerns
•Tree Impacts
•Turf and Driveway Restoration
•Driveway Access Maintained
Except:
o During utility installation in
front of home
o Wet weather
o Curb and driveway paving
o Parking on roadways not
under construction.
19
4/18/2022
3
Common Construction Concerns
•Electric Vehicle Needs
•Special Needs / Events
•Sprinkler Systems / Invisible Fencing
•Mail / Garbage Service
•Private Utilities
•Temporary Water Service
•Driveway Replacement
•Sump Pump Connections
Common Construction Concerns
6
Find additional information regarding street
reconstruction projects for the City of St.
Anthony, by visiting the “St. Anthony Village
Reconstruction Process” webpage
located under the tab
on the City’s website at
http://www.savmn.com
20
4/18/2022
4
Project Funding
Assessment Policy – Street Reconstruction
•Up to 30-foot wide, 10-ton design roadway
•Properties assessed on unit basis
•Residential – 35%
•Residential
•Interior Lots – 1 unit
•Corner Lots – 0.5 unit on each roadway
Project Funding
Assessment Policy – Residential Roadway Mill and Overlay
•Properties assessed on unit basis
•Residential - 50%
•Residential
•Interior Lots – 1 unit
•Corner Lots – 0.5 unit on each roadway
21
4/18/2022
5
Project Funding
Assessment Policy – Alley Mill and Overlay
•Properties assessed on unit basis
•Residential - 100%
•Residential
•Interior Lots – 1 unit
•Corner Lots – 1 unit
Project Funding
Project funding from Special Assessments, 429 Public Improvement Bonds, and Municipal State Aid (MSA) Funds
Proposed Improvements Assessments City Cost Total
Total Street Improvements $186,900 $1,065,100 $1,252,000
Total Sanitary Sewer Improvements $0 $182,100 $182,100
Total Water Main Improvements $17,400 $363,700 $381,100
Total Storm Sewer Improvements $35,000 $129,600 $164,600
Total Mill and Overlay Improvements $253,400 $273,500 $526,900
Total Foss Road Filtration Repair $0 $77,500 $77,500
Total Proposed Improvements $492,700 $2,091,500 $2,584,200
City of Saint Anthony Village, Minnesota
Funding Summary
2022 STREET AND UTILITY IMPROVEMENTS
22
4/18/2022
6
Assessments
•Assessment process follows Minnesota Statute Chapter 429 – Public
Improvements
•Written objection appeal must be presented in writing and signed by the
property owner prior to or at the hearing.
•Notice of appeal must be filed within 30 days after adoption of the
assessment.
•Interest rate is set at the time of assessment certification.
Assessments – Street Reconstruction
23
4/18/2022
7
Assessments – Mill and Overlay
Assessments
•Street Reconstruction Assessments - paid over 15-Yr Period
•Mill and Overlay Assessments – paid over 10-Yr period
•Interest rate determined at time of bond sale
14
Option Deadline
1. Pay-off full assessment to avoid interest - November 30, 2022
- November 14 (every year after)
2. Partial Payment - November 1
3. Apply directly to Property Tax -Automatic if options above are not
exercised
- 2% over true interest cost
24
4/18/2022
8
16
25
4/18/2022
9
17
Project Schedule
18
•Council Authorizes Feasibility May 11, 2021
(1st of 8 Meetings)
•Council Accepts Feasibility August 10, 2021
(2nd of 8 Meetings)
•1st Public Informational Meeting September 15, 2021
(3rd of 8 Meetings)
•2nd Public Informational Meeting November 17, 2021
(4th of 8 Meetings)
•Council Approves Plans November 23, 2021
(5th of 8 Meetings)
26
4/18/2022
10
Project Schedule
19
•Present Bids / Order Preparation of Assessments March 22, 2022
(6th of 8 Meetings)
•3rd Public Informational Meeting April 6, 2022
(7th of 8 Meetings)
•Award Sale of Bonds April 26, 2022
•Public Hearing / Award Contract April 26, 2022
(8th of 8 Meetings)
•Begin Construction Summer 2022
•Substantial Completion Fall 2022
•Final Paving (Rankin Road)Spring/Summer 2023
Notifications / Additional Information
20
Sign up to receive weekly email updates and
notifications by visiting the project webpage
located under the tab
on the City’s website at
http://www.savmn.com
27
4/18/2022
11
Questions
Katie Koscielak
Project Manager
612.282.3641
kkoscielak@wsbeng.com
Brian Chi
Onsite Project Representative
612.357.7146
bchi@wsbeng.com
Justin Messner
City Engineer
612.388.9652
jmessner@wsbeng.com
28
CITY OF ST. ANTHONY VILLAGE
NOTICE OF HEARING ON 2022 STREET AND UTILITY IMPROVEMENTS
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of St. Anthony Village will meet in the Council
Chambers of the City Hall, 3301 Silver Lake Road, St. Anthony Village, MN, at 7:00 pm, or as soon
thereafter as possible, on April 26, 2022, to consider making the following improvements:
2022 Street and Utility Improvement Project
This project consists of road surface improvements, replacement or new construction of sanitary sewer,
water main, and storm sewer lines, and drainage improvements. The improvements are identified below:
1.Street and utility improvements considered for assessment include:
Street & Utility Reconstruction
Rankin Road from 33rd Avenue NE to 31st Avenue NE
Mill and Overlay
Crestview Drive from 31st Avenue NE to 29th Avenue NE
Armour Terrace from Silver Lake Road to Crestview
Bell Lane from Armour Terrace to Crestview Drive
East Gate Road from Crestview Drive to Rankin Road
Coolidge Street Alley from Murray Avenue to 29th Avenue NE
Murray Avenue/St. Anthony Boulevard Alley from Wilson Street to Coolidge Street
29th Avenue NE/St. Anthony Boulevard Alley bounded by 29th Avenue NE
Roosevelt Street Alley bounded by St. Anthony Boulevard and Stinson Boulevard
2.Street and utility improvements not considered for assessment include:
Foss Road Infiltration Repair Improvements
Foss Road drainage ditch improvements
Pursuant to Minnesota Statutes 429.011 to 429.111, portions of the improvement will be assessed to the
abutting property owners of the named streets. The estimated cost of the improvement is $2,584,200.
Such persons desiring to be heard with reference to the proposed improvements will be heard at this
meeting.
Charlie Yunker
City Manager
Publish:Star Tribune
1.April 11, 2022
2.April 20, 2022
29
CITY OF ST. ANTHONY VILLAGE
NOTICE OF HEARING ON ASSESSMENTS FOR
2022 STREET AND UTILITY IMPROVEMENT PROJECT
TO WHOM IT MAY CONCERN:
TIME AND PLACE, GENERAL NATURE Notice is hereby given that the City Council
OF IMPROVEMENTS:of the City of St. Anthony Village, Minnesota,
will meet in the Council Chambers of the City of
St. Anthony Village on the 26th day of April
2022, at 7:00 pm, or as soon thereafter as
possible, to consider objections to the proposed
assessments for 2022 Street and Utility
Improvement Project, heretofore ordered by the
City Council.
ASSESSMENT ROLL OPEN TO INSPECTION:The proposed assessment roll is on file with the
City Clerk and open to public inspection.
AREA PROPOSED TO BE ASSESSED:The area proposed to be assessed consists of
every lot, piece, or parcel of land benefited by
said improvement, which has been ordered as
follows:
Street & Utility Reconstruction
Rankin Road from 33rd Avenue NE to 31st
Avenue NE
Mill and Overlay
Crestview Drive from 31st Avenue NE to
29th Avenue NE
Armour Terrace from Silver Lake Road to
Crestview
Bell Lane from Armour Terrace to
Crestview Drive
East Gate Road from Crestview Drive to
Rankin Road
Coolidge Street Alley from Murray Avenue
to 29th Avenue NE
Murray Avenue/St. Anthony Boulevard
Alley from Wilson Street to Coolidge Street
29th Avenue NE/St. Anthony Boulevard
Alley bounded by 29th Avenue NE
Roosevelt Street Alley bounded by St.
Anthony Boulevard and Stinson Boulevard
TOTAL AMOUNT OF PROPOSED:The total amount proposed to be assessed is
ASSESSMENT:$492,700
PROPOSED AMOUNT TO BE ASSESSED TO The proposed assessment amount for each parcel
30
EACH PARCEL:for the 2022 Street and Utility Improvement
Project, will be included in the mailed notice to
each property owner.
WRITTEN OR ORAL OBJECTIONS:Written or oral objections will be considered at
the hearing.
RIGHT OF APPEAL:An owner of property to be assessed may appeal
the assessment to the district courts of Hennepin
County pursuant to the Minnesota Statutes,
Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30
days after the adoption of the assessment and
filing such notice with the district court within
ten days after service upon the Mayor or Clerk.
LIMITATION OF APPEAL:No appeal may be taken as to the amount of any
assessment adopted by the City Council unless a
written objection signed by the affected property
owner is filed with the Clerk prior to the
assessment hearing or presented to the presiding
officer at the hearing. All objections to the
assessments not received at the assessment
hearing in the manner prescribed by Minnesota
Statutes, Section 429.061 are waived, unless the
failure to object at the assessment hearing is due
to a reasonable cause.
DEPARTMENT OF ASSESSMENTS:Under the provisions of Minnesota Statutes
Sections 435.193 to 435.195, the City may, at its
discretion, defer the payment of assessments for
any homestead property owned by a person 65
years of age or older for whom it would be a
hardship to make the payments.
MAILED NOTICE:The notice of this hearing mailed to property
owners contains additional information.
Charlie Yunker
City Manager
Publish:Star Tribune
1.April 11, 2022
31
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32
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-037
A RESOLUTION ORDERING IMPROVEMENTS
FOR THE 2022 STREET AND UTILITY IMPROVEMENTS
WHEREAS,a resolution of the City Council adopted on the 22nd day of March 2022, fixed a date
for Council hearing on the proposed improvements:
Street & Utility Reconstruction
Rankin Road from 33rd Avenue NE to 31st Avenue NE
Mill and Overlay
Crestview Drive from 31st Avenue NE to 29th Avenue NE
Armour Terrace from Silver Lake Road to Crestview
Bell Lane from Armour Terrace to Crestview Drive
East Gate Road from Crestview Drive to Rankin Road
Coolidge Street Alley from Murray Avenue to 29th Avenue NE
Murray Avenue/St. Anthony Boulevard Alley from Wilson Street to Coolidge Street
29th Avenue NE/St. Anthony Boulevard Alley bounded by 29th Avenue NE
Roosevelt Street Alley bounded by St. Anthony Boulevard and Stinson Boulevard
WHEREAS,ten days' mailed notice and two weeks' published notice in advance of said hearing was
given and the hearing was held thereon on the 26th day of April 2022, at which time all
persons desiring to be heard were given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony Village
approve such improvements as are hereby ordered in the Council Resolution.
Adopted this 26th day of April, 2022.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Reviewed for administration:______________________________
Charlie Yunker, City Manager
33
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34
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-038
A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR THE 2022 STREET AND UTILITY IMPROVEMENTS
WHEREAS,the amount proper and necessary to be specially assessed at this time for various public
improvements is 35% (low density residential reconstruction improvements) and 50%
(low density residential and church mill and overlay) assessable as follows:
Years First Year Levy
First Year
Collectible Assessed
15 2022 2023 $239,241.00
For improvements to the following:
Street & Utility Reconstruction
Rankin Road from 33rd Avenue NE to 31st Avenue NE
Years First Year Levy
First Year
Collectible Assessed
10 2022 2023 $253,411.79
For improvements to the following:
Mill and Overlay
Crestview Drive from 31st Avenue NE to 29th Avenue NE
Armour Terrace from Silver Lake Road to Crestview
Bell Lane from Armour Terrace to Crestview Drive
East Gate Road from Crestview Drive to Rankin Road
Coolidge Street Alley from Murray Avenue to 29th Avenue NE
Murray Avenue/St. Anthony Boulevard Alley from Wilson Street to Coolidge Street
29th Avenue NE/St. Anthony Boulevard Alley bounded by 29th Avenue NE
Roosevelt Street Alley bounded by St. Anthony Boulevard and Stinson Boulevard
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all
objections, if any, and said proposed assessment has at all time since its filing been open
for public inspection and an opportunity has been given to all interested persons to
present their objections if any, to such proposed assessments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.This Council, having heard and considered all objections so presented, finds that each of
the lots, pieces and parcels of land enumerated in the proposed assessment was and is
specially benefited by the construction of said improvement in not less than the amount
of the assessment set opposite the description of each such lot, piece and parcel of land
respectively, and such amount so set out is hereby levied against each of the respective
lots, pieces and parcels of land therein described.
35
K:\010507-000\Admin\Resolutions\Resolution 18-xxx - Adopting Confirming Assessments.docx
2.The proposed assessments are hereby adopted and confirmed as the proper special
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate calculated at 2% over the
interest cost per annum on the bonds to be issued by the City for said improvement,
accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes
upon parcel and all thereof. The total amount of each such assessment not pre-paid shall
be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2023 through December 31, 2023 will be payable
with general taxes for the levy year of 2022 collectible in 2023, and one of each of the
remaining installments, together with one year’s interest on that and all other unpaid
installments, will be payable with general taxes for each consecutive year thereafter until
the entire assessment is paid.
3.The owner of any property so assessed may, at any time prior to certification, make
payments (partial or full) towards the balance owed. The owner may, at any time after
certification, pay the whole of the assessment, with interest accrued to the date of
payment, except that no interest be charged if the entire assessment is paid by November
30th of the assessment year.
4.The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a
certified duplicate of the assessment roll, with each installment and interest on each
unpaid assessment set forth separately, to be extended upon the property tax lists of the
County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
Adopted this 26th day of April, 2022.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Reviewed for administration:______________________________
Charlie Yunker, City Manager
36
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-039
A RESOLUTION AWARDING A BID
FOR THE 2022 STREET AND UTILITY IMPROVEMENTS
WHEREAS,pursuant to an advertisement for bids for the improvement as shown on the plan for the
above-referenced project, bids were received, opened and tabulated according to law, and
the following bids were received complying with the advertisement:
Contractor Total Bid
1 McNamara Contracting $2,123,247.60
2 Northwest Asphalt $2,134,080.17
3 Meyer Contracting $2,214,538.80
4 Forest Lake Contracting, Inc.$2,282,137.00
5 Park Construction Company $2,525,056.00
6 T.A. Schifsky & Sons, Inc.$2,650,126.01
WHEREAS,it appears that McNamara Contracting, Inc. of Rosemount, MN is the lowest responsible
bidder,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1.The Mayor and City Manager are hereby authorized and directed to enter into a
contract with McNamara Contracting, Inc. in the amount of $2,123,247.60 in the
name of the City of St. Anthony Village, Minnesota for the improvement outlined in
the above-referenced project according to the plans and specifications, therefore,
approved by the City Council and on file in the office of the City Clerk.
2.The Engineer, WSB, is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposits of the successful
bidder and the next two lowest bidders shall be retained until a contract has been
signed.
Adopted this 26th day of April, 2022.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Reviewed for administration:______________________________
Charlie Yunker, City Manager
37
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38
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com
MEMORANDUM
TO:Mayor Stille and St. Anthony Village City Council
City Manager Charlie Yunker
FROM:Stephen Grittman, City Planner
DATE:April 21, 2022
MEETING DATE:April 26, 2022
RE:St. Anthony Village – City Code Amendments:
-C-Commercial District
-LI-Light Industrial District
-Swimming Pools, Rubbish, Signage, Other
NAC FILE:323.01
BACKGROUND.
The Planning Commission and City Staff have been engaged in working through
updates to the City Code and portions of the Zoning Ordinance. Previously, the City
approved updates to the Accessory Building zoning regulations, as well as the R-4
zoning district standards.
With this memorandum, a new set of proposed amendments is being forwarded for
Council action. These have been reviewed by the Planning Commission at public
hearings for each set of amendments, and the subject of a recent City Council work
session on April 12, 2022.
The amendments consist of three general sets of code, each of which with a separate
ordinance. First is a revision to the “C”, Commercial District zoning regulations. The
regulations have been reworked to broaden the categories of allowed uses, dealing
more directly with the nature of the use, rather than the specific business.
39
Conditional uses have been called out more specifically, and sets of required conditions
have been added or modified for certain of those businesses that have been shown to
require them. In addition to the categorization and uses, the most significant changes
relate to the addition of brewery/taproom facilities to the list of conditional uses, and
broadening “gasoline sales” to include alternative fuels. Automobile sales and service
have been separated to deal with the unique aspects of each use. Generally, the lot
size and setback regulations have been left in place.
The second proposed ordinance addresses the “L-I”, Light Industrial District. This
district has been updated in a fashion similar to the Commercial District language,
categorizing the permitted uses more generally, and addressing the conditional uses
more specifically. For the LI District, the primary changes relate to trucking and
warehousing (focusing more directly on manufacturing uses). Per the Council’s
discussion at the work session, brewery/taproom uses have not been included in the
district.
The third ordinance document is a collection of several code updates reflecting staff
experiences with public inquiries and code enforcement observations. These include
general administration (fees and/or processing requirements), signs (reconciling political
campaign sign regulations with state law), and three larger categories of change:
swimming pools, rubbish collection/storage, and natural landscapes.
For these latter three, the regulations are intended to codify current practices, conform
regulations internally, create alternatives for common conditions that cannot track with
current ordinances, and establish baseline rules for otherwise unregulated (or
prohibited) activities (especially with regard to the natural landscape section).
The Planning Commission held its most recent hearing on updated language at its
March 15th regular meeting. No resident or public comments were received.
In the Council’s packet are three ordinances that address these three categories of
code updates. The language reflects the recommendations of the Planning
Commission, with the primary exception that brewery/taproom uses have been removed
from the Light Industrial District. For additional background, the Council is referred to
the materials prepared for the work session, which included additional commentary on
many of the proposed changes.
STAFF AND PLANNING COMMISSION RECOMMENDATION.
Planning staff and Planning Commission recommend approval of the proposed
amendments. As noted, these changes will accommodate more flexible – although still
rigorous – treatment of several aspects of land use in the community, primarily through
clarification and better definition of the requirements. Many aspects of the proposed
changes (C and LI Districts, and Natural Landscapes) proceed directly from
recommendations of the 2040 Comprehensive Plan and/or discussions held during
Goal-setting.
40
Per City Code, the Council may adopt zoning regulations after one reading of the
ordinance. Other City Code items require three readings, unless that requirement is
specifically waived the Council. That section reads as follows:
§ 31.06 ORDINANCES, RESOLUTIONS, AND PETITIONS. (A) Readings.
Every ordinance will be presented in writing and will receive 3 readings before
the City Council prior to final adoption, except that rezonings or other zoning
ordinance amendments shall require only 1 reading. However, an ordinance may
be adopted at the meeting in which it is first read or at a subsequent meeting if the
City Council rules are suspended for that purpose. Every ordinance introduced
will be recorded in the minutes by title.
Depending on the Council’s decision on the third ordinance which includes the general
code items, the following motions are recommended:
CITY COUNCIL ACTIONS:
[Zoning Ordinances, eligible to be adopted at the time of first reading]:
Motion to adopt Ordinance 22-01, amending the “C”, Commercial Zoning District,
Section 152.120 – 152.125, in its entirety.
Motion to adopt Ordinance 22-02, amending the “L-I”, Light Industrial District,
Section 152.130 – 152.135, in its entirety.
[If Council suspends the 3 reading requirement]:
Motion to adopt Ordinance 22-03 amending various sections of the City Code
relating to Administration, Swimming Pools, Rubbish Collection, Signs, Natural
Landscapes, and other sections.
Alternative Motion to table action on Ordinance 22-03, pending the third
reading of the Ordinance.
ATTACHMENTS
Exhibit A:
41
ORDINANCE 22-01
1
CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE,
BY AMENDING DELETING THE C, COMMERCIAL
ZONING DISTRICT AND REPLACING IT IN ITS ENTIRETY
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1. Section 152.120, C-Commercial District, is hereby deleted in its entirety.
Section 2. Section 152.120, C-Commercial District is hereby amended to read as
follows:
§ 152.120 PURPOSE. The C District is intended to provide areas for retail sales
and services located and regulated so as to minimize adverse effects on
neighboring residential districts and congestion of public streets. The uses and
standards in the “C”, Commercial District shall serve as the basis for commercial
standards in “PUD”, Planned Unit Development District areas where commercial
uses are designated by the District or the Comprehensive Plan.
§ 152.121 PERMITTED USES. Within a C District, only the following uses
are permitted:
(1) Retail stores in which a least 51% of the floor area is devoted to
stocking and displaying goods for sale to the general public end users,
and where customers may see, purchase, and receive items for such
sales. Retail stores may incorporate electronic ordering or other means
of providing goods to the end users. Storage of goods or other
accessory uses are limited to 49% or less of the facility.
(2) Retail service facilities in which customers receive personal services
on site, such as salons, spas, personal fitness and exercise, or similar
facilities.
(3) Trade services and retail sales, rental, or repair facilities, such as
plumbers, electricians, auto parts, home improvement, hardware, and
similar facilities, in which no more than 10% of the floor area is
devoted to repair, fabrication, or other accessory activity.
(4) Professional offices and services, in which customers receive
professional advice and/or documents and conduct professional
transactions, whether on-site or via other correspondence media, such
as legal, tax, financial institutions, real estate, insurance, and similar
services, and which facility may be dominated by office space.
42
ORDINANCE 22-01
2
(5) Commercial offices providing space for primarily administrative
business functions and related activities.
(6) Hospitality uses, including eating and drinking establishments,
hotels/motels, entertainment venues, indoor commercial recreation,
and similar uses. Such uses that are on parcels where any portion is
less than 250 feet from property zoned R-1 or R-2, and/or which
include any drive-through ordering and pick-up lane, shall require a
Conditional Use Permit in accordance with the requirements in this
Chapter. Permitted restaurant uses may include drive-up pick-up
parking space locations for pre-ordered goods.
(7) Medical, dental, veterinary, and related clinics, in which customers
receive such services in person, and which consist of offices, exam
rooms, laboratory and similar services, and related activities.
(8) Government administrative services, including postal facilities,
municipal services, community centers, and similar uses dominated by
offices, direct citizen activities or services, and retail transactions.
§ 152.122 PERMITTED CONDITIONAL USES. The following uses are
permitted allowed in the C District only by conditional use permit issued
by the City Council.
(A) Sexually-oriented businesses which comply with the requirements of
Chapter 110;
(B) A use permitted under § 152.121 except for the fact that it has a drive-
through facility;
(C) Assembly, club or lodge, in which such facilities provide space for
specific purposes, and which is characterized by groups of common
interest attending scheduled common activities.
(D) Auto or other motor vehicle sales and repair which includes no
storage of autos vehicles for parts, subject to and including, but not
limited to, the following additional conditions:
1. Outdoor storage of vehicles awaiting repair or customer pick-
up shall constitute no more than 30% of the property in
question.
2. Outdoor storage of vehicles is located no closer to the street
than the rear line of the principal building.
3. Outdoor storage of vehicles awaiting repair is fully screened by
a completely opaque fence of 8 feet in height, with landscaping
outside the screening fence.
4. No outside storage of other parts, tires, or materials.
43
ORDINANCE 22-01
3
5. Refuse and recycling containers shall be stored indoors, or
within the screened enclosure with the vehicles being serviced.
6. No such use shall be allowed on property abutting and parcel(s)
zoned R, Residential, or PUD when used for residential uses.
(E) Motor Vehicle Sales, separate (or as a component of) repair and parts
sales, provided that:
1. The facility has a separate indoor space devoted to sales office.
2. The vehicles for sale are fully operational, and not in need of
repair for such operation, and licensed, or capable of being
immediately licensed, for their intended use.
3. Vehicles for sale may be displayed in the front yard of the
property in a location meeting all other requirements of the
City’s commercial parking lot dimensions, pavement and curb
materials, and setback requirements.
4. Vehicles for sale may not occupy parking spaces required for
compliance with the parking standards for employees or
customers of the business(es) on the property.
(F) Bus stations of the Metropolitan Transit Operations
(G) Car washes; subject to and including, but not limited to, the following
conditions:
1. Any such facility is designed to adhere to all noise-related
requirements of the City and State.
2. Headlight glare is fully screened from view of adjoining
residential property.
3. The facility is designed to be fully closed whenever any
mechanical activity is in operation, including both entry and
exit doors.
4. Vacuum mechanical equipment is housed within the primary
structure, or if in individual equipment outside, is designed so
as to avoid noise detection at the boundary of any adjoining
residential property.
(H) Gasoline Motor fuel station as a principal use of property; Electric
Vehicle (EV) Charging stations and/or other alternative fuel
dispensary may be a component of a principal use Motor Fuel station
under this section. Accessory EV charging stations (but not other
alternative fuels) consisting of no more than 2 such EV stations shall
be exempt from the requirement for CUP, and shall be allowed as a
permitted accessory uses.
(I) Pool or billiard halls;
(J) Restaurants, cafeterias, and delicatessens located less than 250 feet
from a residential structure or district; Hospitality uses, including
eating and drinking establishments, hotels/motels, entertainment
44
ORDINANCE 22-01
4
venues, indoor commercial recreation, and similar uses, where any
portion of the subject property is located less than 250 feet from
property zoned R-1 or R-2.
(K) Establishments having more than 3 amusement devices as defined in §
111.025;
(L) Hardware and building material supply store with outdoor lumber
yard, where the lumber yard is screened in a manner approved by the
City Council, and the hardware and building material supply store
building contains at least 30,000 square feet of space;
(M) Laboratories for medical research and testing (except research and
testing which uses animals) that provide services to health care
providers;
(N) Pawnbroker businesses which comply with the requirements of §§
111.285 through 111.302;
(O) Secondhand dealers that comply with the requirements of §§ 111.250
through 111.273;
(P) Adult day-care centers, licensed under M.S. Chapter 245A, as it may
be amended from time to time, and Minn. Rules, sections 9555.9600
through 9555.9730.
(Q) Brewery/Taprooms and Micro-distillery/cocktail rooms, subject to the
requirements applicable to other Hospitality uses in this Section; and
subject to findings that show the use will avoid conflicts between the
industrial production and distribution activities and other commercial
uses in the district through appropriate access, hours of operation, and
other relevant factors. Any such use shall at all times be subject to
maintenance of the appropriate liquor licensing and size limitations
under state and local requirements.
(R) Trade services and retail sales, rental, or repair facilities, such as
plumbers, electricians, auto parts, home improvement, hardware,
crafts, arts, and similar facilities, in which more than 10% (up to a
maximum of 70%) of the floor area is devoted to repair, fabrication,
storage, or other accessory activity.
§ 152.123 ACCESSORY USES.
Subject to the provisions of §§ 152.175 through 152.186, the following accessory
uses are permitted in the C District:
(A) Incidental repair, limited processing or storage necessary to conduct a
permitted principal use if conducted within the principal structure,
45
ORDINANCE 22-01
5
where such uses constitute no more than a total of 49% of the floor
area of the structure, and for repair and/or processing, no more than
10% of the floor area of the structure.
(B) Private garages, off-street loading and unloading docks and facilities,
parking lots, and related facilities for service and customer use directly
related to the principal use.
(C) Temporary mobile structures for construction purposes only.
(D) Accessory buildings not exceeding 1 story in height, and which are
constructed to be consistent with the architecture and exterior building
materials of the principal building.
§ 152.124 DIMENSIONAL REGULATIONS.
(A) Height. No structure may exceed 35 feet in height or contain more
than 3 stories.
(B) Lot area and width. The minimum lot area is 15,000 square feet,
and the minimum lot width is 100 feet, except as allowed in §152.227.
(C) Floor area ratio. The floor area ratio within the C District may not
exceed 1.0.5 Zoning Code 73
(D) Front yards. The front yard must have a depth equal to the greater
of 35 feet or a distance equal to the average of the front yard depths on the
2 adjacent lots.
(E) Side yards. Interior side yards must be at least 10 feet in width,
except where a common wall meeting fire code requirements is provided
between 2 buildings. Side yards adjoining a street must be at least 35 feet.
(F) Rear yards. The rear yard must have a depth of at least 20 feet, or
at least 25 feet if there is an alley.
(G) Setbacks from residential districts. There must be a setback area of
not less than 20 feet from any property in a residential district within
which setback area parking, storage, and/or loading facilities are excluded.
(H) Shopping centers. The minimum yards set forth in this section will
not apply to any lot line of a lot in a shopping center if the lot line adjoins
either another lot within the shopping center or a driveway or parking area
within the shopping center, and the City Council has approved a site plan
for a building to be constructed on the lot with a different setback from the
lot line. In those cases, the setback approved by the City Council shall
apply so long as the building exists on the lot. For purposes of this
division (H), a SHOPPING CENTER means any group of 4 or more retail
46
ORDINANCE 22-01
6
or service establishments totaling a minimum floor area of 75,000 square
feet, on 1 or more contiguous tracts of land in single ownership, or in
multiple ownership but subject to a reciprocal easement agreement
governing common access and parking
§ 152.125 GENERAL REGULATIONS. Property in the C District is also subject
to the provisions of §§ 152.175 through 152.186.
Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering process,
provided that such changes retain the purpose and intent of the Zoning Ordinance
as has been adopted.
Section 4. This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and map shall be posted on the City website after publication. Copies of the
complete Ordinance and map are available online and at St. Anthony City
Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this 26th day of April, 2022.
__________________________________
Randy Stille, Mayor
ATTEST:
___________________________________
City Clerk
AYES:
NAYS:
47
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48
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-040
A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2022-01
WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance amending
deleting the C, Commercial Zoning District and replacing it in its entirety; and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the
case of lengthy ordinances or those containing maps or charts; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent
of Ordinance 2022-01.
NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2022-01 shall be
published in the official paper in lieu of the entire ordinance.
SUMMARY PUBLICATION
Ordinance 2022-01
An Ordinance Amending Chapter 150 Housing Maintenance and Occupancy;
The City Council of the City of St. Anthony adopted Ordinance 2022-01 on April 26, 2022.
This ordinance includes amending, deleting and replacing it in its entirety Sections 152.120-152.125 of the City
Code pertaining to C-Commercial District.
The regulations have been reworked to broaden the categories of allowed uses, dealing more directly with the
nature of the use, rather than the specific business. The most significant changes relate to the addition of
brewery/taproom facilities to the list of conditional uses, and broadening “gasoline sales” to include alternative
fuels.
The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St.
Anthony, MN 55418.
Adopted this 26th day of April, 2022.
_________________________________
Randy Stille, Mayor
ATTEST: _________________________
City Clerk
Reviewed for administration: _________________________________
Charlie Yunker, City Manager
49
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50
ORDINANCE 22-02
1
CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE,
BY AMENDING DELETING THE L-I, LIGHT INDUSTRIAL
ZONING DISTRICT AND REPLACING IT IN ITS ENTIRETY
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1. Section 152.140, L-I, Light Industrial District, is hereby deleted in its
entirety.
Section 2. Section 152.140, L-I, Light Industrial District is hereby amended to read as
follows:
§ 152.140 PURPOSE. The purpose of the LI District is to designate areas for,
and regulate the development of, light industry. Areas are designated as light
industrial due to the proximity of high capacity roadways or rail facilities, as well
as both private and public utilities and existing development, and regulated to
enhance the compatibility of light industrial uses and uses within the commercial
and residential districts.
The objective of the Light Industrial District is to provide appropriate locations
for facilities that provide jobs and services to the community, and to the region,
and help provide a stable property tax base to the City.
§ 152.141 PERMITTED USES. The following uses are permitted within an
LI District:
(A) Light Industrial uses which include: manufacturing, research, testing,
processing, assembly, fabrication, and treatment of materials, the
products of which are distributed to other facilities for further storage,
processing, or eventual distribution to the end users. Light Industrial
uses do not include uses dominated by storage or warehousing, freight
transfer, or delivery of goods to the end user on site.
(B) Automotive Motor Vehicle service and repair provided no junked,
unlicensed, or inoperable vehicles autos are kept on the property;
(C) Cleaning, laundering and dry cleaning processing facilities, without
direct retail transactions with the end users;
(D) Construction Contractors offices, if equipment or materials are
screened according to § 152.183. Any outdoor storage of equipment
or materials for Construction Contractors shall constitute no more than
25% of the ground floor size of the principal building, and shall be no
51
ORDINANCE 22-02
2
more than 8 feet in height;
(E) Commercial Offices for administrative purposes as a principal use or
as a function of an industrial enterprise and non-retail businesses.
§ 152.142 PERMITTED CONDITIONAL USES. The following uses are
permitted allowed in an LI District only by a conditional use permit issued by the
City Council:
(A) Drug, cosmetic, pharmaceutical, and toiletries manufacture;
(B) Canning or bottling other than malt products;
(C) Enameling, painting, varnishing, lacquering, and japanning; Finish
coat applications utilizing chemical or mechanical processes which
have the potential for emissions or sanitary wastewater treatment
impacts;
(D) Meat packing which does not include the slaughtering of any kind of
animal;
(E) Steel or metal goods manufacturing processes, not involving blast
furnace processes;
(F) Catering operations and in-house cafeterias not intended for retail or
public use;
(G) Day-care center without drive-through facilities.
§ 152.143 ACCESSORY USES. Subject to the provisions of §§ 152.175 through
152.186, the following uses are permitted accessory uses in the LI District:
(A) Storage sheds Accessory buildings which do not exceed 1 story in
height and which have been approved by the City Council as to size
and design are constructed of materials consistent with those of the
principal building.
(B) Buildings temporarily located on the premises for purposes of
construction for a period not to exceed completion of construction.
(C) Parking, loading, semi-trailers and other company truck/trailer
vehicles are permitted in designated loading areas, provided they are
actively loading or unloading.
(D) Semi trailer and truck parking, provided such parking occupies no
more than 20% of the subject property. Semi trailers shall not be
utilized for the storage of goods or materials.
52
ORDINANCE 22-02
3
§ 152.144 DIMENSIONAL REGULATIONS.
(A) Height. No structure may exceed 35 50 feet in height or contain more
than 3 stories.
(B) Lot area and width. The minimum lot area is 15,000 square feet, and
the minimum lot width is 100 feet.
(C) Front yard. The front yard must have a depth equal to 20 the greater
of 40 feet or a distance equal to the average of the setbacks of
structures on the 2 adjoining lots.
(D) Side yards. Side yards on interior lots must be at least 15 feet each.
Side yards adjoining a street must be at least 40 feet.
(E) Rear yards. The rear yard must be at least 15 feet in depth.
(F) Floor area ratio. The floor area ratio in the LI District may not exceed
1.5.
(G) Setbacks from residential districts. There must be a setback of at least
20 feet from any property in a residential district, within which
setback area parking, storage, and/or loading facilities are excluded.
Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering process,
provided that such changes retain the purpose and intent of the Zoning Ordinance
as has been adopted.
Section 4. This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and map shall be posted on the City website after publication. Copies of the
complete Ordinance and map are available online and at St. Anthony City
Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this 26th day of April, 2022.
__________________________________
Randy Stille, Mayor
ATTEST:
53
ORDINANCE 22-02
4
___________________________________
City Clerk
AYES:
NAYS:
54
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-041
A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2022-02
WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance amending
deleting the L-I, Light Industrial Zoning District and replacing it in its entirety; and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the
case of lengthy ordinances or those containing maps or charts; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent
of Ordinance 2022-02.
NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2022-02 shall be
published in the official paper in lieu of the entire ordinance.
SUMMARY PUBLICATION
Ordinance 2022-02
An Ordinance Amending Chapter 150 Housing Maintenance and Occupancy;
The City Council of the City of St. Anthony adopted Ordinance 2022-02 on April 26, 2022.
This ordinance includes amending, deleting and replacing it in its entirety Sections 152.140-152.144 of the City
Code pertaining to L-I, Light Industrial.
The regulations have been reworked to broaden the categories of allowed uses, dealing more directly with the
nature of the use, rather than the specific business. The primary changes relate to trucking and warehousing.
The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St.
Anthony, MN 55418.
Adopted this 26th day of April, 2022.
_________________________________
Randy Stille, Mayor
ATTEST: _________________________
City Clerk
Reviewed for administration: _________________________________
Charlie Yunker, City Manager
55
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56
ORDINANCE 22-03
1
CITY OF ST. ANTHONY
HENNEPIN AND RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING
SECTIONS RELATED TO SWIMMING POOLS, REFUSE HANDLING, SIGNS,
NATURAL LANDSCAPES, PARKING, ACCESSORY USES, AND ADMINISTRATIVE
PROCEDURES
THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS:
Section 1. Section §33.044 is hereby amended to read as follows: Delinquent account
balances greater than $50.00 and at least two quarters past due will be certified to
the taxpayer of record for the real property, including rental property of any type
by November 30th of each year, or such earlier date as may be required by the
applicable County. Accounts significantly exceeding either of these criteria’s are
considered at-risk and are subject to early certification or water shut-off at the
City’s directions.
Section 2. Section §70.40 (B) is hereby amended to read as follows: (B) Commercial
vehicles in excess of 10,000 pounds or intended to seat 12 or more passengers
shall not be parked in a residential district and advertised for sale.
Section 3. Section §94.32 WEED CONTROL is hereby amended to read as follows: Any
weeds or grasses, whether noxious as defined by law or not, growing outside the
traveled portion of any city street or alley, or growing on private property,
exceeding the height of to a greater height than 6 inches or which have gone or
are about to go to seed must be cut or removed by the owner of the abutting
property if within the city right-of-way, and by the owner of the property upon
which they are growing if they are outside the right-of-way.
Section 4. Section §96.03 is hereby amended to read as follows: PAVEMENT. Any type
of improved surface that is within the public right-of-way and that is paved or
otherwise constructed with bituminous, concrete, aggregate, or gravel.
Section 5. Section §97.10 (A)(2) ADDRESS NUMBERS is hereby amened to read as
follows: Each numeral may be no less than 4 inches (102 mm) in height and no
less than ¾ inches in stroke width. Buildings more than 70 feet from the street
shall have numerals no less than 5 inches in height.
Section 6. Section §97.10 (B)(2) ADDRESS NUMBERS is hereby amened to read as
follows: Each numeral may be no less than 4 inches (102 mm) in height and no
less than ¾ inches in stroke width. Buildings more than 70 feet from the street
shall have numerals no less than 5 inches in height.
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ORDINANCE 22-03
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Section 7. Section §110.231 is hereby amended to read as follows: If the contractor has a
state license and no city license is required, the contractor will pay the city a $5
surcharge prior to commencement of the work the City will verify the state
license.
Section 8. Section §111.197 (Licenses, Permits and the Like - Licensing of Multiple
Dwellings) is hereby amended to read as follows:
§111.197 GARBAGE RUBBISH DISPOSAL. Every multiple dwelling must
shall have and maintain in sanitary condition adequate facilities to accommodate
the disposal of rubbish, garbage, refuse, and recyclables needs of the
occupants/tenants of the units. The facilities must shall be made of metal or other
suitable material, which is rodent-proof, fire resistive, and waterproof. The owner
of the multiple dwelling property is responsible for the removal of rubbish,
garbage, and refuse no less frequently than once a week and for recyclables no
less frequently than once a month.
Section 9. The title of Sections §111.215 through §111.219 is hereby amended to read as
follows:
HAULERS OF GARBAGE, REFUSE, RECYCLABLES, RUBBISH AND
YARD WASTE
Section 10. Section §111.215 (Haulers of Rubbish and Yard Waste – Definitions) is
hereby amended to add the following definition:
Rubbish. The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing, offices including garbage and
refuse.
Section 11. Section §150.050 - §150.058 (Buildings, Housing and Construction -
Swimming Pools - Building Permits Required) are hereby amended to read
as follows:
§150.051 BUILDING PERMITS REQUIRED. A building permit is required for
the construction of or the alteration, remodeling, or addition of any improvement
to a swimming pool. A separate building permit is required for any pump house,
filter house, enclosure for the swimming pool or any structure erected in
conjunction with a swimming pool. An applicant for the building permits shall
make application on forms provided by the city and shall provide the Building
Inspector with a complete set of plans and specifications of the proposed project,
10 St. Anthony - Land Usage together with the explanatory data relative to the
design, operation, and maintenance of the swimming pool insofar as health and
safety features are concerned, as required by this subchapter or as requested by
the Building Inspector.
§150.050 SWIMMING POOLS. Any structure, bathing chamber, or tank,
including but not limited to above and below ground swimming pools, hot tubs, or
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ORDINANCE 22-03
3
spas, used for swimming or bathing, over 24 inches in depth, or with a surface
area of more than 150 square feet, that is constructed above or below ground.
§150.051 PERMIT REQUIREMENTS
(A) Types of Permits. One of the following swimming pool-related
permits may be required:
1) A Swimming Pool Permit shall be required for the construction of
or the alteration, remodeling, or addition of any improvement to a
below grade swimming pool.
2) A Building Permit shall be required for any pump house, filter
house, or any structure erected in conjunction with a swimming
pool.
3) A Mechanical Permit shall be required for installation of a heater
for any pools, hot tubs, or spas.
4) An Electrical Permit shall be required for all direct/hard wired
pools, hot tubs, spas or any other electrical components.
5) A Zoning Permit shall be required for all above grade pools
including but not limited to hot tubs, and spas.
6) A Zoning Permit shall be required for all fences constructed, per
the defined safety requirements in Section 150.055.
(B) Permit Applications
1) Application Forms. An applicant for permits shall make
application on forms provided by the City and shall provide the
Building Inspector with a complete set of plans and specifications
of the proposed project, together with the explanatory data relative
to the design, operation, and maintenance of the swimming pool
insofar as health and safety features are concerned, as required by
this subchapter or as requested by the Building Inspector.
2) Submission Requirements.
a. A complete application form and fee, the amount of which is
established by City Ordinance.
b. Two (2) sets of dimensioned site plans (drawn to scale) which
include the following information:
(1) Property lines including property corners.
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ORDINANCE 22-03
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(2) The house, garage, driveway, and other permanent
structures and distance of each to the property lines.
(3) The location of all above and below utilities on the site
including gas, electric, sewer, water, phone, etc.
Homeowners shall be responsible for contacting utility
companies in regard to impacted utilities.
(4) Required setbacks from property lines.
(5) The proposed location of pool, hot tub, or spa, including
length, depth and width of the pool, hot tub, or spa and any
decking and showing distance of the pool, hot tub, or spa to
the property lines.
(6) Detailed drawings of fence design, gate design, and
latching mechanisms.
(7) A copy of all pool, hot tub or spa manufacturer build
requirements, specifications and recommended
maintenance procedures.
(8) Source and location of the water supply.
(9) Methods to be used in securing the site during the entire
term of the permit, from beginning of excavation through
completion. Such methods may include both temporary
and permanent security installations.
(C). Permit Approvals. No permit shall be issued unless it meets the
requirements of this subchapter. No permit may be issued until the
Building Inspector or other responsible City staff is satisfied that the
proposed swimming pool, hot tub, or spa will not be a health hazard and is
to be constructed in such a way that its future use will not endanger the
health, lives, or safety of any persons coming in contact with the
swimming pool. All swimming pools, hot tubs, spas, apparatus(es), water
supply and drainage systems, and other features shall be constructed in
conformity with the approved plans. If any deviations from the plans are
desired, a supplementary plan covering that portion of the work involved
shall be filed for approval and shall conform to the provisions of this
subchapter.
§150.052 LOCATION REQUIREMENTS
(A) No part of a swimming pool, hot tub or spa shall be located closer than
ten (10 feet), as measured from the ground surface to any overhead or
underground utility line of any type. For the purpose of determining
the area in which no part of a swimming pool, hot tub or spa can be
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ORDINANCE 22-03
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constructed, the centerline of any overhead or underground utility line
will be projected to the ground surface and the 10-foot prohibited area
will be measured parallel and on both sides of the projected centerline.
(B) No part of a swimming pool, hot tub or spa shall be located within any
private or public utility, drainage, or other easement.
(C) Setback Requirements
(1) R-1 and R-2 Districts. No part of a swimming pool, hot tub, or spa
shall be located within ten (10) feet of any side or rear lot line; nor
within ten (10) feet of any principal structure or frost footing. No
swimming pool, hot tub, or spa may be located in the front yard of
any property. The filter unit, pump, heating unit, and any other
mechanical equipment shall be located not less than twenty-five
(25) feet from any adjacent or nearby neighboring residential
structure dwelling and not closer than ten (10) feet to any lot line.
(2) R-1A Districts. Swimming pools, hot tubs, or spas located in R-
1A Districts shall comply with the setback requirements of Chapter
152, the Zoning Code.
(3) R-3 and R-4 Districts. No part of a swimming pool, hot tub, or spa
shall be located within fifty (50) feet of any side or rear lot line;
nor within ten (10) feet of any principal structure or frost footing.
No swimming pool, hot tub, or spa shall be located in the front
yard (as defined in the Zoning Chapter) of any multiple dwelling.
The filter unit, pump, heating unit, and any other mechanical
equipment shall be located at least fifty (50) feet from any adjacent
or nearby residential structure and not closer than forty (40) feet to
any lot line.
§150.053 SAFETY REQUIREMENTS
(A) All pools, hot tubs, or spas shall be provided with safeguards to
prevent children from gaining uncontrollable access. A successful
barrier shall be considered one which prevents a child from getting
over, under, or through and keeps the child from gaining access to
the pool, hot tub, or spa except when supervising adults are present.
Permanent fences shall meet all requirements of Section 150.55.
Temporary fencing may be exempted from some of the requirements
of 150.55 upon approval of the Zoning Administrator, but for a
period of no more than than the duration of the applicable permit, or
180 days, whichever is less.
(1) Safeguards shall include a fence at least six (6) feet in height,
unless exempted per Section 150.53(C).
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ORDINANCE 22-03
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(2) Openings in the barrier (i.e.: spaces between fence pickets,
railing balusters, etc.) shall not allow passage of a four (4) inch
sphere.
(3) All fence openings or points of entry into the enclosure area
shall be equipped with a gate, and all gates must be equipped
with self-closing and self-latching devices placed so as to be
inaccessible to small children. The gates shall be locked at all
times when the pool, hot tub, or spa is not in direct use.
(B) Suction outlets shall be designed and installed in accordance with
ANSI/APSP-7.
(C) The following shall be considered fencing
exemptions/modifications for spas, hot tubs and certain above ground
pools:
(1) Spas or hot tubs with a safety cover which comply with ASTM
F1346 (per Section 303 of the International Property
Maintenance Code (2018).
(2) Above ground pools with sides or attached fences which are
four (4) feet in height around the entire circumference,
insurmountable, with an access ladder or steps capable of being
secured, locked, removed, or otherwise protected to prevent
access, shall require a fence of no less than four (4) feet in
height, while meeting all other safety fence requirements.
§150.054 LIGHTING REQUIREMENTS. Lighting used in connection with
swimming pools shall be adjusted in a manner as not to interfere with the
reasonable use of adjacent property.
§150.055 NOISE. Unreasonably loud noise in connection with the operation or
use of a pool is prohibited.
§150.056 INSPECTIONS. The Health Inspector is authorized to conduct any
inspections necessary to ensure compliance with all provisions of this subchapter
and has the right of entry at any reasonable hour to the swimming pool for this
purpose.
§150.057 EXISTING SWIMMING POOLS. No swimming pool, hot tub, or spa
or any other structure erected in conjunction with a pool existing as of June 3,
1982, will be required to be moved so as to comply with the location requirements
of Section 150.052. All other requirements contained in this subchapter are
applicable to existing swimming pools, and structures erected in conjunction with
the pools.
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ORDINANCE 22-03
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§150.058 DISCHARGE OF POOL WATER. No person shall discharge or cause
to be discharged into the municipal storm drain system any pool, hot tub, or spa
water unless dechlorinated to less than one (1) ppm of chlorine.
Section 11. Section §150.88 (Building, Housing, and Construction - Definitions) is hereby
amended to add the following definitions:
DUMPSTER. A non-flexible container which has a holding capacity exceeding
five (5) cubic yards and used for temporary storage of special pick-up refuse. A
dumpster is a metal, composite or other hard-side container for refuse disposal
which exceeds five (5) cubic yards capacity.
DUMPSTER, COMPACT. A container which has a holding capacity not
exceeding five (5) cubic yards and used for temporary storage of special pick-up
refuse. A compact dumpster is a metal, composite or other hard-side container for
refuse disposal which does not exceed five (5) cubic yards capacity.
DUMPSTER, FLEXIBLE. A flexible container which has a holding capacity not
exceeding five (5) cubic yards and used for temporary storage of special pick-up
refuse. A flexible dumpster is commonly referred to, or known as, a “dumpster
bag,” “soft-side dumpster,” or “waste removal bag” and used in lieu of a metal
front or rear-load or roll-off dumpster.
FIREPLACE: A fireplace is an architectural structure, within a wall or free-
standing, designed to contain a fire.
NATIVE VEGETATION: Those non-turf grass indigenous trees, shrubs,
wildflowers, grasses and other plants that have naturally adapted themselves to
the climate and soils of the area but require cultivation and maintenance to remain
viable.
NATIVE HABITAT: Specially uncultivated valued and sensitive habitat
whereupon native vegetation exists in a pristine state and provides habitat for a
variety of species native to the area. Such vegetation shall maintain itself in a
stable condition with minimal human intervention.
NOXIOUS WEEDS: An annual, biennial, or perennial plant designated by the
State Commissioner of Agriculture or the Council as injurious to public health,
the environment, public roads, crops, livestock, or other property.
POLLINATOR GARDEN: A specific area on the property planted and designed,
with specific nectar and pollen producing plants, in a way that attracts pollinating
insects known as pollinators. In order for a garden to be considered a pollinator
garden, it should provide (but not limited to) the following: various nectar
producing flowers, shelter or shelter providing plants for pollinators, avoid the use
of pesticides, and place similar flowers close to one another.
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RANK VEGETATION: Uncultivated vegetation growing at a rapid rate due to
unplanned, unintentional, or accidental circumstances.
RUBBISH. The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing, offices including garbage, refuse
and trash.
TRASH. Non-recyclable material that is designated for landfill or incinerator
disposal by the Hauler. The term does not include hazardous waste as defined in
Minnesota Statutes, Section 116.06, Subdivision 11, or construction debris as
defined in Minnesota Statutes, Section 115A. 03, Subdivision 7.
TURF GRASS: Cultivated vegetation consisting of a highly maintained surface of
dense grass underlain by a thick root system.
VEGETABLE GARDEN: A specific area on the property for the growth and
harvest of any herbaceous plant whose fruit, seeds, roots, tubers, bulbs, stems,
leaves or flower parts are used as food.
WEEDS: Unsuitable, unwanted, or uncultivated vegetation, often causing injury
or competition to the desired vegetation type.
YARD WASTE. Yard waste means grass, grass clippings, bushes, shrubs, tree
branches less than four (4) inches in diameter, and clippings from bushes and
shrubs that come from residential, commercial/retail, institutional, or industrial
sources as part of maintaining yards or other private or public lands. Yard waste
does not include (i) construction, renovation, and demolition wastes or (ii) clean
wood.
Section 12. Section §150.088(C) (Building, Housing and Construction - Responsibilities
of Occupant or Renter) is hereby amended to read as follows:
(C) Disposal of garbage, rubbish, recyclables and other waste. Every
occupant of a rental dwelling shall store and dispose of all his or her
rubbish, garbage and waste in a clean, sanitary and safe manner. All
rubbish, garbage, and waste must shall be collected by a hauler who is
licensed by the city as required by Section §111.215 through §111.219 of
this Code. The storage of refuse rubbish and recyclable collection
containers may shall not be kept in the front yard setback without
approved screening or fencing in accordance with Section §150.070-
§150.074 of this code.
Section 13. Section §150.090 (Building, Housing and Construction - Refuse and
Recyclables) is hereby amended to read as follows:
§150.090 REFUSE RUBBISH AND RECYCLABLES.
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ORDINANCE 22-03
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§150.090 REFUSE AND RECYCLABLES. Every occupant must store and dispose of or
recycle all refuse and recyclables in a clean, sanitary, and safe manner as prescribed by
city ordinances. Every owner of an apartment building must supply facilities for the
sanitary and safe storage and/or disposal or recycling of refuse and recyclables. The
storage of refuse and recyclable collection items may not be kept in the front yard setback
without approved screening or fencing
A) Storage Location. Every occupant shall store and dispose of or recycle all refuse
rubbish and recyclables in a clean, sanitary, and safe manner as prescribed by City
ordinances. Every owner of an apartment building shall supply facilities for the
sanitary and safe storage and/or disposal or recycling of refuse and recyclables.
Except as provided in Section 150.090 (C) below, the storage of rubbish,
recyclables and yard waste collection containers shall be in the side or rear yard
setback of the property, adjacent to a structure on the property from which
collection is conducted, or in the setback from which collection is conducted, if
appropriately permitted screening or fencing has been achieved per Section
150.073, and where the proposed location maximizes the potential setback from
the street.
B) Refuse, Recycling, and other Waste Containers. Collection containers and
dumpsters for multiple family residential, commercial, industrial and institutional
uses shall be screened on all four (4) sides using an enclosure that is a minimum
of one (1) foot above the top of the container. The rubbish enclosure shall be
constructed of materials that are harmonious with those of the principal structure
and have a minimum opacity of ninety percent (90%) opacity. A gate or door of
the rubbish enclosure shall be closed at all times except as needed to access the
container(s). No exterior container or enclosure shall exceed the maximum height
for fencing in the applicable zoning district.
C) Front Yard Containers. Rubbish and recycling containers may be kept in a front
yard if within an approved and permitted screening structure, per Section 150.073.
Such screening structure shall provide a solid screening effect and be of a height
not less than three (3) inches above the tallest container to be kept within. The
screening structure shall be placed no closer than three (3) feet from the property
line and no closer than fifteen (15) feet from the road from which collection is
made. The size of the structure shall not exceed seventy-eight (78) inches in
width and forty (40) inches in depth. The design, materials and location shall be
subject to review prior to City issuance of the required Zoning Permit.
Section 14. Section §150.094 (I) is hereby deleted.
(I) Temporary storage units. Temporary storage units including dumpsters
are permitted for no more than 120 days in a calendar year and must be
maintained in good repair and appearance. One temporary storage unit is
allowed at any residential property. Temporary storage units must be place
on paved surfaces and a minimum of 10 feet from all property lines.
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Section 15. Section §150.094. (I) (Building, Housing and Construction - Refuse and
Recyclables) is hereby added to read as follows:
(I) Flexible and Compact Dumpsters. A flexible dumpster or compact
dumpster, as defined by the Chapter, may be placed and used on a
property subject to the following requirements:
(1) No liquid waste shall be placed into a flexible dumpster or
compact dumpster for disposal. Only rubbish that is of a solid
physical form or matter shall be placed or disposed into the
flexible dumpster or compact dumpster, such as construction or
demolition debris, discarded household goods or wares, cardboard
or packaging waste, or the like.
(2) A flexible dumpster or compact dumpster shall not exceed a five
(5) cubic yard capacity.
(3) No flexible dumpster or compact dumpster shall be placed within
the roadway surface of any street and shall be located behind the
street curb. No flexible dumpster or compact dumpster shall be
placed within or as to block any portion of a sidewalk, path or trail.
(4) Flexible or compact dumpsters shall be placed no closer than five
(5) feet from any side or rear property line.
(5) No flexible dumpster or compact dumpster shall be placed within
fifteen (15) feet of a water/fire hydrant.
(6) No flexible dumpster or compact dumpster shall remain on a
property more than fourteen (14) days from the date it was placed
outdoors at the property. The flexible dumpster or compact
dumpster shall be collected by a waste hauler or otherwise
removed within one (1) week of the container being filled to its
capacity.
(7) No more than two (2) flexible or compact dumpsters shall be kept
on any property at any one time.
(8) All rubbish shall be completely and securely placed within the
container; no material shall be sticking out or exceeding above the
top of the container sides. No rubbish placed in the container shall
exceed outside the container beyond the plane of the street curb
line. It is the responsibility of the property owner/occupant to
ensure any refuse that falls or is blown out of the container is
promptly collected/picked up and properly stored as any refuse is
required to be stored.
Section 16. Section §150.094 (E) is hereby amended to read as follows:
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ORDINANCE 22-03
11
(E) Yard cover. Every yard of premises on which a dwelling stands must
be covered by lawns and/or ground cover of vegetation, gardens, hedges,
shrubbery or related decorative materials and must be maintained. Once an
area has been converted to turf grass the land owner shall not allow the
turf grass to exceed the height of 6 inches or be allowed to go to seed. No
land owner may permit or maintain on the land any growth of weeds,
grass, brush or other rank vegetation to exceed the height of an average
height greater than 6 inches, any accumulation of dead weeds, grass or
brush, or any noxious weeds or plants as defined by the Minnesota
Department of Agriculture. Gardens (pollinator, vegetable, flower, rock,
etc.) are permitted types of yard cover, and must be maintained and not
encroach on other property or the right of way.
(1) Any natural or native grass vegetation exceeding six (6) inches
shall not be any closer to a fire source than twenty-five (25) feet.
(2) Setback requirements for surfaces covered by native vegetation
and/or pollinator gardens shall be a minimum of three (3) feet from
a side yard property line. No vegetative growth greater than
twelve (12) inches in height five (5) feet from any public roadway
adjacent to the front yard, and for corner houses, a public roadway
adjacent to the side yard.
(3) Exemptions: Natural Habitat.
a. All private lands designated by the Council as natural
habitat shall be exempt from Section 150.094(E)
b. All public lands designated in the City's Comprehensive
Plan as natural habitat shall be exempt from Section
150.094(E).
Section 17. Section §150.091 WOOD STORAGE is hereby amended to read as follows:
Wood used for fireplaces as a fuel source for internal heat via fireplace or other
wood burning heating source and/or recreational fires only may be stacked in side
and rear yards, and shall not must be stacked in a location other than the front
yard setback.
Section 18. Section §152.176(D) is hereby amended to read as follows: (D) Setback from
principal building. Unless attached to and made a part of the principal building,
no eave or other portion of an accessory building may be closer than 5 feet,
measured horizontally, from any eave or other portion of a principal building,
except as provided in division (L) below.
Section 19. Section §152.176(G) is hereby amended to read as follows: (G) Trash
Enclosures for Rubbish, Recyclables, and other waste. Except for Single Family
Residential properties, trash Enclosures, where allowed, shall be required to be
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ORDINANCE 22-03
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constructed of materials that match the materials used on the principal building
exterior, and shall not be located in any yard closer to the public right-of-way than
the principal structure accordance with Section 150.090 of this code.
Section 20. Section §152.179 (A)(3) is hereby amended to read as follows: (3) All
vehicles, as defined in § 152.008, parked on any lot in an R-l, R-1A, R-2, or R-3
District must be parked on a surface paved with asphalt or bituminous material,
concrete, cement, brick, or other paved surface, or on a gravel driveway located in
the front yard.
Section 21. Section §152.179 (C)(2) is hereby amended to read as follows: (2) Driveway
setback. Residential driveways enlarged or reconfigured after the date of
Ordinance adoptions, shall be setback a minimum of 5 feet from the property
lines, unless otherwise authorized by the City Engineer or Public Works Director
in which case a driveway may be located a minimum of 3 feet from the property
lines.
Section 22. Section §153.04 (Stormwater Management - Definitions) is hereby amended
to add the following definition:
RUBBISH. The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing, offices including garbage, refuse
and trash.
Section 23. Section §153.08 (C). (Stormwater Management - Approval Standards) is
hereby amended to read as follows:
(C) Waste and material disposal. All waste and unused building materials
(including garbage, rubbish, debris, cleaning wastes, wastewater, toxic
materials or hazardous materials) shall be properly disposed of off-site and
not allowed to be carried by runoff into a receiving channel or storm sewer
system
Section 24. Section §155.03 (Sign Definitions) is hereby amended to read as follows:
BILLBOARD: A sign which directs attention to a business, community service,
or entertainment not exclusively related to the premises where such sign is located
(See definition of ON OFF-PREMISES MESSAGES).
Section 25. Section §155.23(F) is hereby amended to read as follows: (F) Non-commercial
signs exemption. All non-commercial signs of any size may be posted in any
number from 46 days before the state primary in a state general election year until
10 days following the state general election. For local elections, which are usually
held on the first Tuesday after the first Monday in November of odd-numbered
years, all non-commercial signs of any size may be posted for 4 weeks prior to a
local election until 5 days following the local election. These exempted non-
commercial signs are not allowed to be placed within 10 feet from the curb and 10
feet from the property lines. If these signs are placed in violation of these setbacks,
they will be removed by the City Code Inspector.
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Section 26. Section §155.27(A) is hereby amended to read as follows: (A) Ground signs are
permitted in all districts but only to the extent permitted in this section and in the
District Schedules set forth in Section 155.29 155.30.
Section 27. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations that result from said renumbering process,
provided that such changes retain the purpose and intent of the Zoning Ordinance
as has been adopted.
Section 28. This Ordinance shall take effect and be in full force from and after its passage
and publication. This ordinance may be published by summary publication,
per a duly adopted resolution of the City Council. The ordinance in its entirety
and map shall be posted on the City website after publication. Copies of the
complete Ordinance and map are available online and at St. Anthony City
Hall for examination upon request.
ADOPTED BY the St. Anthony City Council this 26th day of April, 2022.
__________________________________
Randy Stille, Mayor
ATTEST:
___________________________________
City Clerk
AYES:
NAYS:
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-042
A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2022-03
WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance amending
sections related to Swimming Pools, Refuse Handling, Signs, Natural Landscapes, Parking, Accessory Uses,
and Administrative Procedures; and
WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the
case of lengthy ordinances or those containing maps or charts; and
WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent
of Ordinance 2022-03.
NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2022-03 shall be
published in the official paper in lieu of the entire ordinance.
SUMMARY PUBLICATION
Ordinance 2022-03
An Ordinance Amending Chapter 150 Housing Maintenance and Occupancy;
The City Council of the City of St. Anthony adopted Ordinance 2022-03 on April 26, 2022.
This ordinance amending sections related to:
Swimming Pools
Refuse Handling
Signs
Natural Landscapes
Parking
Accessory Uses
Administrative Procedures
The regulations are intended to codify current practices, conform regulations internally, create alternatives for
common conditions that cannot track with current ordinances, and establish baseline rules for otherwise
unregulated activities.
The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St.
Anthony, MN 55418.
Adopted this 26th day of April, 2022.
_________________________________
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Randy Stille, Mayor
ATTEST: _________________________
City Clerk
Reviewed for administration: _________________________________
Charlie Yunker, City Manager
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Metro State Aid 651-234-7773
1500 County Road B2, Roseville, MN 55113 sharon.lemay@state.mn.us
An Equal Opportunity Employer
To: Local Agency Date: April 18, 2022
RE:Proposed Master Partnership Contract
Attached is a copy of a proposed master partnership contract between the Minnesota Department of
Transportation (Mn/DOT) and your Local Agency.
The Master Partnership Contract provides a framework for Mn/DOT and Local Agencies to provide
services and payment to each other. A few MnDOT provided routine services are included in the
contract—see Exhibit A-- but all other services require work orders describing costs and scope.
Kindly review the enclosed document and if acceptable, arrange to have it presented to your
Council/Board for their approval and execution. Please provide signatures only under the Local
Government heading.
Also required is a new resolution passed by the Council/Board authorizing its officials to sign and
execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else
signs in the named official’s place, the agreement will not be executed.)
Please return to me at sharon.lemay@state.mn.us. Please note that no work shall be performed by
Mn/DOT personnel until the full execution of the agreement. After execution by Mn/DOT and other
State officials, a copy of the agreement will be returned to you.
If you have any questions or require additional information, please feel free to contact me at 651-234-
7773. If your local agency will not be executing this contract, please send me an email informing me of
this so I can remove you from our list.
Thank You
Sharon LeMay, Metro State Aid
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MnDOT Contract Number: 1050208
Master Partnership Contract Template 1
Updated 02/09/2022
STATE OF MINNESOTA
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this
contract referred to as the “State” and the Saint Anthony City, acting through its City Council, in this contract referred to
as the “Other Party.”
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for
the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation‐related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship
between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a
“Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These
Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific
work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued
under the authority of this Contract.
Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State
officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not
begin work under this Contract until ALL required signatures have been obtained and the Other Party has
been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration Date. This Contract will expire on June 30, 2027.
1.3. Exhibits. Exhibit A is attached and incorporated into this agreement.
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Other Party) for each particular engagement, except for Technical Services provided by the State to the
Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and
deliverables for that project. A party must not begin work under a work order until the work order is fully
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executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in
the work order. The Other Party understands that this MPC is not a guarantee of any payments or work
order assignments, and that payments will only be issued for work actually performed under fully‐executed
work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual
Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this
MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low‐cost services routinely performed by the State for the Other Party.
If requested and authorized by the Other Party, these services may be performed by the State for the Other
Party without the execution of a work order, as these services are provided in accordance with standardized
practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services
is attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract
(If you have questions regarding whether a service is covered under 2.1.1, please contact Contract
Management).
2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the
use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request
may be made via telephone, but will not be considered accepted unless acknowledged in writing by the
State.
2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical
Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal
processes and practices, including scheduling practices taking into account the availability of State staff and
equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will
charge the Other Party the State’s then‐current rate for performing the Technical Services. The then‐current
rate may include the State’s normal and customary additives. The State will invoice the Other Party upon
completion of the services, or at regular intervals not more than once monthly as agreed upon by the
parties. The invoice will provide a summary of the Technical Services provided by the State during the
invoice period.
3. Services Requiring a Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services under
individual work order contracts.
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as incidental
to performing such services. Professional and technical services include (by way of example and without
limitation) cultural resources, engineering services, surveying, foundation recommendations and reports,
environmental documentation, right‐of‐way assistance (such as performing appraisals or providing
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relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final
construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to
snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat,
bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be
performed by an employee with sufficient skills, training, expertise or certification to perform such work,
and work must be supervised by a qualified employee of the party performing the work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway,
lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party
may administer outside contracts for such work. Construction administration may include letting and
awarding construction contracts for such work (including state projects to be completed in conjunction with
local projects). All contract administration services must be performed by an employee with sufficient skills,
training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man‐made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood protection
and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee
with sufficient skills, training, expertise or certification to perform such work, and work must be supervised
by a qualified employee of the party performing the work. If it is not feasible to have an executed work
order prior to performance of the work, the parties will promptly confer to determine whether work may be
commenced without a fully‐executed work order in place. If work commences without a fully‐executed work
order, the parties will follow up with execution of a work order as soon as feasible.
3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources
needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific
and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order
contract will be limited to one specific project/engagement, although “on call” work orders may be prepared
for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work
order will also identify specific deliverables required, and timeframes for completing work. A work order
must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for
work performed prior to execution of a work order contract and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order
contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized
representative is responsible for administering the work order, and has the authority to make any
decisions regarding the work, and to give and receive any notices required or permitted under this
MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer),
to be in responsible charge of the project(s) and to supervise and direct the work to be performed
under each work order contract. For services not requiring an engineer, the Providing Party will
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furnish and assign another responsible employee to be in charge of the project. The services of the
Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred
unless approved in writing by the Requesting Party’s authorized representative. This written consent
will in no way relieve the Providing Party from its primary responsibility for the work.
4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific
engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The
work order Contract will require the Other Party to deposit payment in advance. The costs and
expenses will include the current State additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work
on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work
order contract is fully executed are considered unauthorized and undertaken at the risk of non‐
payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the Providing
Party is authorized or permitted to award contracts in connection with any work order, the
Providing Party will require and cause its contractors and subcontractors to comply with all Federal
and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all
work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits
and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,
policies and operations.
4.2.3. The Providing Party must use State‐approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de‐icing and anti‐icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to
all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance
with state law.
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right‐of‐way, contractor(s) must be required to indemnify and hold the
State harmless against any loss incurred with respect to the performance of the contracted work,
and must be required to provide evidence of insurance coverage commensurate with project risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations,
including but not limited to applicable human rights/anti‐discrimination laws and laws concerning
the participation of Disadvantaged Business Enterprises in federally‐assisted contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights
of way, easement, and construction permits for its portion of the improvements. Each party will,
upon the other’s request, furnish copies of right of way certificates, easements, and construction
permits.
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4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the
Requesting Party’s written approval, and the execution of a proper amendment to the applicable
work order contract when necessary. The Other Party will tender the processing and defense of any
such claims to the State upon the State’s request.
4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s
Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐
way, the following will apply:
a. The Other Party will have a permit to perform the work on the trunk highway. The State may
revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if
the contractor is violating the terms of any law, regulation, or permit applicable to the work. The
State will have no liability to the Other Party, or its contractor, if work is suspended or stopped
due to any such condition or concern.
b. The Other Party will require its contractor to conduct all traffic control in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
c. The Other Party will require its contractor to comply with the terms of all permits issued for the
project including, but not limited to, National Pollutant Discharge Elimination System (NPDES)
and other environmental permits.
d. All improvements constructed on the State’s right‐of‐way will become the property of the State.
5. Responsibilities of the Requesting Party
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in
its possession relating to the project that may be of use to the Providing Party in performing the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be
promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other
applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds
any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the
Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid
solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for
Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party will
promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
6.1. In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
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7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s
normal and customary additives will apply to work performed by the State, unless otherwise specified in the
work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum”
or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all
work order contracts issued pursuant to this MPC will not exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing
Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the
Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the
Providing Party in performing any work order contract. In those cases where the State agrees to reimburse
travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than
provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the
MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred
outside of Minnesota unless it has received the State’s prior written approval for such travel.
7.4. Payment
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Other Party.
a. The Other Party will make payment to the order of the Commissioner of Transportation.
b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON
THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED
FROM MNDOT.
c. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1050208W[XX] and Invoice Number: 00000[#####]
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized
invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted as specified in the applicable work order, but no
more frequently than monthly.
b. Retainage for Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the
amount due under any work order contract may be paid until the final product of the work order
contract has been reviewed by the State’s authorized representative. The balance due will be
paid when the State’s authorized representative determines that the Other Party has
satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
8.1. All work performed by the Providing Party under a work order contract must be performed to the
Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting
Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and
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regulations. The Providing Party will not receive payment for work found by the Requesting Party to be
unsatisfactory or performed in violation of federal or state law.
9. State’s Authorized Representative and Project Manager
9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the
responsibility to monitor the State’s performance.
9.2. The State’s Project Manager will be identified in each work order contract.
10. Other Party’s Authorized Representative and Project Manager
10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s
Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other
Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other
Party without approval of each proposed work order contract by its governing body.
10.2. The Other Party’s Project Manager will be identified in each work order contract.
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order
contract without the prior consent of the other and a fully executed Assignment Contract, executed and
approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and
will not be effective until it has been executed and approved by the same parties who executed and
approved the original contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts
between the State and the Other Party. No other understanding regarding this master contract or any work
order contract issued hereunder, whether written or oral may be used to bind either party.
12. Liability
12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other
Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any
legal remedies a party may have for the other party’s failure to fulfill its obligations under this master
contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of
the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting
Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the
protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The
parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this
MPC and any work order issued hereunder.
13. State Audits
13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work
order contract, and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn.
Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State.
14.2. Intellectual Property Rights
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14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the
intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service
marks in the Works and Documents created and paid for under work order contracts. Works means
all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing
Party, its employees, agents, and subcontractors, either individually or jointly with others in the
performance of this master contract or any work order contract. Works includes “Documents.”
Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or
contractors, in the performance of a work order contract. The Documents will be the exclusive
property of the Requesting Party and all such Documents must be immediately returned to the
Requesting Party by the Providing Party upon completion or cancellation of the work order contract.
To the extent possible, those Works eligible for copyright protection under the United States
Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns
all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The
Providing Party must, at the request of the Requesting Party, execute all papers and perform all
other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works
and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an
irrevocable and royalty‐free license to use such intellectual property for its own non‐commercial
purposes, including dissemination to political subdivisions of the state of Minnesota and to
transportation‐related agencies such as the American Association of State Highway and
Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Providing Party, including its employees and subcontractors, in the performance of the work
order contract, the Providing Party will immediately give the Requesting Party’s Authorized
Representative written notice thereof, and must promptly furnish the Authorized Representative
with complete information and/or disclosure thereon.
b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain
any interest in and to the Works and Documents.
15. Affirmative Action
15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant
to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement
an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and
submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the
Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it
must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full‐time employees on a single working day during the previous 12 months in Minnesota or in the
state where it has its principle place of business, then the Contractor must comply with the requirements of
Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600. A Contractor covered by Minn. Stat. §
363A.36 because it employed more than 40 full‐time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
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15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for
the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota
Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law
addresses suspension or revocation of a certificate of compliance and contract consequences in that event.
A contract awarded without a certificate of compliance may be voided.
15.4. Minn. R. Parts 5000.3400‐5000.3600.
15.4.1. General. Minn. R. Parts 5000.3400‐5000.3600 implement Minn. Stat. § 363A.36. These rules include,
but are not limited to, criteria for contents, approval, and implementation of affirmative action
plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s
compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual
compliance reports; procedures for compliance review; and contract consequences for non‐
compliance. The specific criteria for approval or rejection of an affirmative action plan are contained
in various provisions of Minn. R. Parts 5000.3400‐5000.3600 including, but not limited to, parts
5000.3420‐5000.3500 and 5000.3552‐5000.3559.
15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
a. The Contractor must not discriminate against any employee or applicant for employment
because of physical or mental disability in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified disabled persons without
discrimination based upon their physical or mental disability in all employment practices such as
the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and
relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
d. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota
Department of Human Rights. Such notices must state the Contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified disabled employees
and applicants for employment, and the rights of applicants and employees.
e. The Contractor must notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally
disabled persons.
15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
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MnDOT Contract Number: 1050208
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16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and
any work order contracts issued hereunder, are not intended to constitute an interchange of government
employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is
determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict
between the contract and the statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party must identify the State as the sponsoring agency and must not be released without prior
written approval from the State’s Authorized Representative. For purposes of this provision, publicity
includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Other Party individually or jointly with others, or any subcontractors, with respect to
the program, publications, or services provided resulting from a work order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the
Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
18.1. Minnesota law, without regard to its choice‐of‐law provisions, governs this master contract and all work
order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or
the breach of any such contracts, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required
by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the
Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days
of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the
subcontractor(s) and must pay interest at the rate of one and one‐half percent per month or any part of a
month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59.
20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or
on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other
district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor
agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or
color, discriminate against the person or persons who are citizens of the United States or resident aliens
who are qualified and available to perform the work to which the employment relates; (2) That no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent
the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent,
or conspire to prevent, the person or persons from the performance of work under any contract on account
of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may
be canceled or terminated by the state, county, city, town, school board, or any other person authorized to
grant the contracts for employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order
contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination,
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MnDOT Contract Number: 1050208
11
the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any
work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or
if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to
pay for any services that are provided after notice and effective date of termination or suspension.
However, the Other Party will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if
the master contract or work order is terminated because of the decision of the Minnesota legislature or
other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of
funding within a reasonable time of the State’s receiving that notice.
22. Data Disclosure
22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax
liabilities, if any.
23. Defense of Claims and Lawsuits
23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under
this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of
such claims to the State or allow the State to participate in the defense of such claims. The Other Party will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or
cause of action asserted is based on its own acts or omissions in performing or supervising the work. The
Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute
resolution process. The State will not be responsible for any judgment entered against the Other Party, and
will not be bound by the terms of any settlement entered into by the Other Party except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
24.1. NONE
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OTHER PARTY
The Other Party certifies that the appropriate person(s)
have executed the contract on behalf of the Other Party
as required by applicable articles, bylaws, resolutions or
ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
By:
Date:
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Exhibit A – Table of Technical Services
Master Partnership Contract Program FY 2023-2027
Date: 3/28/2022
Source
Code Title Description
1735 Bituminous Plant Inspection
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2819 Bridge Curb, Walk And Railing
Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck
Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck
or slab overlays and replacements and underside deck delamination. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2827 Bridge Expansion, Relief Joints
All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance.
2828 Bridge Inspection-Federal Fund
All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins
with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources
(DNR) use Source Code 2824.
2824 Bridge Inspection-Non-Federal
All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements
of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
1421
Bridge Management System
Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
2847 Bridge Poured/ Relief Joint Seal
All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities
that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance).
2829 Bridge Superstructure
All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all
types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and
box girders. Includes related traffic control.
2316 Brush & Tree Removal
Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
0032 Business Unit Management
All expenses of business/office managers for general management and administration of support functions. includes
administering central facilities maintenance and facilities capital budgets.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
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Source
Code Title Description
1733 Concrete Plant Inspections
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections
Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in
multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished
by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the
field and offices).
1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying
2106 Crack Sealing
All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic
control.
3023 Elec Comm Eq Rep - Miles
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
1800 Field Inspection
All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review,
measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations,
densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay
quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and
transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related
activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all
miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the
construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to
determine if construction contract terms have been met.
1040 Final Design Surveys
All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys
base map or DTM.
0601 Gen Training Preparation - Delivery
Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing
materials, and managing training records.
2210 Guardrail-Install/Repair/Maintenance
Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector
replacement. includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
1871 Lighting Maintenance & Utilities
All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems
and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
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Source
Code Title Description
1875 Locate One Call
Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic
management system, signal systems, or roadway lighting systems.
1732 Material Testing & Inspection
Performing construction phase and research physical and chemical laboratory testing, and related technical services in the
districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and
related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling
weight deflectometer (FWD) testing.
2660 Misc Revenue
Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for
gravel sold to contractors and others.
2822 Miscellaneous Bridge Maintenance
Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work
on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering
materials, and picking up equipment. Includes related traffic control.
3049
On Call Electronic Communications Infrastructure
Maintenance To be used by Statewide Radio Communications personnel to record on-call time.
2142 Overhead Sign Panel Maintenance
Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead
sign structures. Includes related cable locates and traffic control. Does not include structural work.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
1520 Pavement Management System
For tasks related to the operation of the pavement management system, including development and maintenance/technical
support. Includes tasks to meet needs external to MnDOT.
2406 Plowing & Material Application
Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using
mobile equipment. Includes changing cutting edges during event and related traffic control.
3005 Radio - Mobile Equipment
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3027 Radio Programming
Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios
used as fixed base radios as part of the Inter-OP System (Use 3009).
3002 Radio/Electronic Infrastructure
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of
Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems.
3009 Radio/Electronic System Upgrade & Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
1716 Record Sampling
Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split
sample.
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89
Source
Code Title Description
2222 Sign/Delineation/Marker Repair
Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
1182 Soils/Foundation Field/Laboratory Tests
All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals
for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability
and triaxial tests.
1879 State Furnished Materials
Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction
project with federal participation.
1738 State Project - Specific Materials Inspection
Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies
to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical
services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop
drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural
metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical
services in the field and offices).
1434 Structural Metals Inspection-Non DOT
Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks
related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and
engineering, and technical services in the field and offices) for local agency projects.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
0152 Support Services
Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
3025 Tower/Building Maintenance
Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
1876 Traffic Counting
Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic
monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities,
collecting field data, processing data, and developing new techniques for collection.
1501 Traffic Management System (TMS)
Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use
when providing traffic operations technical assistance external to MnDOT. Use with
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Source
Code Title Description
1513 Traffic Management System (TMS) Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1500 Traffic Mgt System Maintenance
Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters,
cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance
activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
2863 Traffic Signal Inspection
Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal
systems/structures. Includes labor, equipment, materials, and traffic control.
1870 Traffic Signal Maintenance
Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
2834 Waterway Maintenance
All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and
channel protection repair that is not part of slope protection. Includes related traffic control.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-043
A RESOLUTION RENEWING THE MASTER PARTNERSHIP CONTRACT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS,the Minnesota Department of Transportation wishes to cooperate closely with local units of
government to coordinate the delivery of transportation services and maximize the efficient
delivery of such services at all levels of government; and
WHEREAS,MnDOT and local governments are authorized by Minnesota Statutes sections 471.59,
174.02, and 161.20, to undertake collaborative efforts for the design, construction,
maintenance and operation of state and local roads; and
WHEREAS,the parties wish to able to respond quickly and efficiently to such opportunities for
collaboration, and have determined that having the ability to write " work orders" against a
master contract would provide the greatest speed and flexibility in responding to identified
needs.
NOW, THEREFORE, BE IT RESOLVED, that the City of St. Anthony Village enter into a Master
Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City
Council.
THEREFORE, BE IT FURTHER RESOLVED, that the proper City officers are authorized to execute
such contract, and any amendments thereto.
THEREFORE, BE IT FURTHER RESOLVED, that the City Engineer is authorized to negotiate work
order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or
from MnDOT, and that the City Engineer/ may execute such work order contracts on behalf of the City of St.
Anthony Village without further approval by this City Council.
Adopted this 26th day of April, 2022.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Reviewed for administration:______________________________
Charlie Yunker, City Manager
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MEMORANDUM
To:Saint Anthony Village City Council
From:Charlie Yunker, City Manager
Date:April 26, 2022 City Council Meeting
Resolution:Approval of Resolution 22-044 to approve a contract with MNSPECT, LLC to provide building
inspection services.
OVERVIEW
At its regular meeting on March 24, 2015, the Saint Anthony City Council approved a Joint Powers Agreement
with the City of New Brighton for building inspection services, which was effective May 1, 2015.
This collaboration has worked well over the past 6+ years, but the workload has become too much for the New
Brighton staff to continue providing services for Saint Anthony. New Brighton has already supplemented services
with MNSPECT, LLC, and that firm is currently handling The Hayden construction project. Staff was approached
by New Brighton to exit the agreement on or about May 1, 2022. It was made clear that this was simply a result
of workload, and they regretted needing to exit the collaboration.
As a result, we are in need of building inspection services. Staff sought proposals from MNSPECT, LLC and
Inspectron, Inc. and is recommending MNSPECT, LLC due to lower cost and some familiarity with the City, and
due to already working on The Hayden project. The contract has a three year term with a 90 day notification for
early termination should we find that this is contract does not fit the City’s needs.
Staff is recommending approval of the attached contract with MNSPECT, LLC.
ATTACHMENTS:
MNSPECT, LLC contract w/exhibits
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Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
BETWEEN SAINT ANTHONY VILLAGE, MINNESOTA
AND MNSPECT, LLC
This Professional Services Agreement (“Agreement”)is made and entered into by and between Saint Anthony
Village,Minnesota,(“Municipality”)and MNSPECT,LLC,a wholly owned subsidiary of SAFEbuilt,LLC,
(“Consultant”). Municipality and Consultant shall be jointly referred to as “Parties”.
RECITALS
WHEREAS,Municipality is seeking a consultant to perform the services listed in Exhibit A –MNSPECT,
LLC Building Services Proposal dated March 11, 2022 and attached hereto, (“Services”); and
WHEREAS, Consultant is ready, willing, and able to perform Services.
NOW THEREFORE,for good and valuable consideration,the sufficiency of which is hereby
acknowledged, Municipality and Consultant agree as follows:
1.SCOPE OF SERVICES
Consultant will perform Services in accordance with codes,amendments and ordinances adopted by the
elected body of Municipality,state laws and regulations.The qualified professionals employed by
Consultant will maintain current certifications,certificates,licenses as required for Services that they
provide to Municipality.Consultant is not obligated to perform services beyond what is contemplated by
this Agreement.
Consultant shall provide the Services using Community Core Solutions hardware and software package in
accordance with the provisions of Exhibit B at no cost to the Municipality.
2.CHANGES TO SCOPE OF SERVICES
Any changes to Services between Municipality and Consultant shall be made in writing that shall specifically
designate changes in Service levels and compensation for Services.Both Parties shall determine a mutually
agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both
Parties. No changes shall be binding absent a written Agreement or Amendment executed by both Parties.
3.FEE STRUCTURE
In consideration of Consultant providing services,Municipality shall pay Consultant for Services performed in
accordance with Exhibit A – MNSPECT, LLC Building Services Proposal dated March 11, 2022.
4.INVOICE & PAYMENT STRUCTURE
Consultant will invoice Municipality,on a monthly basis and provide all necessary supporting
documentation.All payments are due to Consultant within 30 days of Consultant’s invoice date.Payments
owed to Consultant but not made within sixty (60)days of invoice date shall bear simple interest at the rate
of one and one-half percent (1.5%)per month.If payment is not received within ninety (90)days of invoice
date,Services will be discontinued until all invoices and interest are paid in full.Municipality may request,
and Consultant shall provide,additional information before approving the invoice.When additional
information is requested Municipality will identify specific disputed item(s)and give specific reasons for any
request.Undisputed portions of any invoice shall be due within 30 days of Consultants invoice date,if
additional information is requested,Municipality will submit payment within thirty (30)days of resolution of
the dispute.
5.TERM
This Agreement shall be effective on the latest date on which this Agreement is fully executed by both
Parties.The initial term of this Agreement shall be twelve (12)months.Agreement shall automatically
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renew for subsequent twelve (12)month terms until such time as either Party notifies the other of their
desire to terminate this Agreement.
6.TERMINATION
Either Party may terminate this Agreement upon ninety (90)days written notice without cause and with no
penalty or additional cost beyond the rates stated in this Agreement.
This Agreement may be terminated for cause at any time if either Party to this Agreement should materially
breach any material provision herein.In such case,the non-breaching party will notify the breaching party
in writing specifying the respect in which such party has breached the Agreement.In the event that such
breach is not remedied to the reasonable satisfaction of the non-breaching party within thirty (30)calendar
days after delivery of the above notice,the non-breaching party may,by written notice to the breaching
party,terminate this Agreement,effective immediately.If the breach is cured to the satisfaction of the
non-breaching party, this Agreement shall continue as if no breach had occurred.
Consultant shall be entitled to receive payment for work completed up to and including the date of
termination within thirty (30) days of termination with or without cause.
7.FISCAL NON-APPROPRIATION CLAUSE
Financial obligations of Municipality payable after the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available in accordance with the rules,
regulations,and resolutions of Municipality,and other applicable law.Upon the failure to appropriate such
funds, this Agreement shall be terminated.
8.MUNICIPALITY OBLIGATIONS
Municipality shall timely provide all data information,plans,specifications and other documentation
reasonably required by Consultant to perform Services (Materials).Municipality has the right to grant and
hereby grants Consultant a fully paid up,non-exclusive,non-transferable license to use the Materials in
accordance with the terms of this Agreement.
9.PERFORMANCE STANDARDS
Consultant shall perform the Services using that degree of care,skill,and professionalism ordinarily
exercised under similar circumstances by members of the same profession practicing or performing the
substantially same or similar services.Consultant represents to Municipality that Consultant retains
employees that possess the skills,knowledge,and abilities to competently,timely,and professionally
perform Services in accordance with this Agreement.
10.INDEPENDENT CONTRACTOR
Consultant is an independent contractor,and,except as provided otherwise in this section, neither
Consultant,nor any employee or agent thereof,shall be deemed for any reason to be an employee or agent
of Municipality. Municipality shall have no liability or responsibility for any direct payment of any salaries,
wages,payroll taxes,or any and all other forms or types of compensation or benefits to any personnel
performing services for Municipality under this Agreement.Consultant shall be solely responsible for all
compensation,benefits,insurance and employment-related rights of any person providing Services
hereunder during the course of or arising or accruing as a result of any employment,whether past or
present, with Consultant.
Consultant and Municipality agree that Consultant will provide similar service to other clients while under
contract with Municipality and Municipality acknowledges that Consultant employees may provide similar
services to multiple clients.Consultant shall at its sole discretion assign and reassign qualified employees,as
determined by Consultant,to perform services for Municipality. Municipality may request that a specific
employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that
request when determining staffing. Consultant shall determine all conditions of employment for its
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employees,including hours,wages,working conditions,promotion,discipline,hiring and discharge.
Consultant exclusively controls the manner,means and methods by which services are provided to
Municipality,including attendance at meetings,and Consultant’s employees are not subject to the direction
and control of Municipality. Except where required by Municipality to use Municipality information
technology equipment or when requested to perform the services from office space provided by the
Municipality,Consultant employees shall perform the services using Consultant information technology
equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a
Municipal email address as their exclusive email address and any business cards or other IDs shall state that
the person is an employee of Consultant or providing Services pursuant to a contractual agreement between
Municipality and Consultant.
It is the intention of the Parties that,to the greatest extent permitted by applicable law,Consultant shall be
entitled to protection under the doctrines of governmental immunity and governmental contractor
immunity,including limitations of liability,to the same extent as Municipality would be in the event that the
services provided by Consultant were being provided by Municipality.Nothing in this Agreement shall be
deemed a waiver of such protections.
11.ASSIGNMENT AND SUBCONTRACT
Neither party shall assign all or part of its rights or obligations under this Agreement to another entity
without the written approval of both Parties;consent shall not be unreasonably withheld.Notwithstanding
the preceding,Consultant may assign this Agreement in connection with the sale of all or substantially all of
its assets or ownership interest,effective upon notice to Municipality,and may assign this Agreement to its
parent,subsidiaries or sister companies (Affiliates)without notice to Municipality.Consultant may
subcontract any or all of the services to its Affiliates without notice to Municipality.Consultant may
subcontract any or all of the services to other third parties provided that Consultant gives Municipality prior
written notice of the persons or entities with which Consultant has subcontracted.Consultant remains
responsible for any Affiliate’s or subcontractor’s performance or failure to perform.Affiliates and
subcontractors will be subject to the same performance criteria expected of Consultant.Performance
clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon
schedules are met.
12.INDEMNIFICATION
To the fullest extent permitted by law,Consultant shall defend,indemnify,and hold harmless Municipality,
its elected and appointed officials,employees and volunteers and others working on behalf of Municipality,
from and against any and all third-party claims,demands,suits,costs (including reasonable legal costs),
expenses,and liabilities (“Claims”)alleging personal injury,including bodily injury or death,and/or property
damage,but only to the extent that any such Claims are caused by the negligence of Consultant or any
officer,employee,representative,or agent of Consultant.Consultant shall have no obligations under this
Section to the extent that any Claim arises as a result of Consultants compliance with Municipal law,
ordinances, rules, regulations, resolution, executive orders or other instructions received from Municipality.
To the fullest extent permitted by law and without waiver of governmental immunity,Municipality shall
defend,indemnify,and hold harmless Consultant,its officers,employees,representatives,and agents,from
and against any and all Claims alleging personal injury,including bodily injury or death,and/or property
damage,but only to the extent that such Claims are caused by (a)the negligence of,or material breach of
any obligation under this Agreement by,Municipality or any officer,employee,representative,or agent of
Municipality or (b)Consultant’s compliance with Municipal law,ordinances,rules,regulations,resolutions,
executive orders or other instructions received from Municipality.If either Party becomes aware of any
incident likely to give rise to a Claim under the above indemnities,it shall notify the other and both Parties
shall cooperate fully in investigating the incident.
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13.LIMITS OF LIABILITY
EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN,CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION ANY
WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,ERROR-FREE OPERATION,
PERFORMANCE,ACCURACY,OR NON-INFRINGEMENT.EXCEPT TO THE EXTENT ARISING FROM
MUNICIPALITY’S PAYMENT OBLIGATIONS FOR SERVICES,IN NO EVENT SHALL CONSULTANT OR
MUNICIPALITY BE LIABLE TO ONE ANOTHER FOR INDIRECT,INCIDENTAL,CONSEQUENTIAL,RELIANCE,
EXEMPLARY,OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION,DAMAGES FOR LOST PROFITS,LOST
REVENUES.LOST DATA OR OTHER INFORMATION,OR LOST BUSINESS OPPORTUNITY,REGARDLESS OF THE
FORM OF ACTION,WHETHER IN CONTRACT,INDEMNITY,NEGLIGENCE,WARRANTY,STRICT LIABILITY,OR
TORT,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMAINING REMEDY.EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR
SERVICES,IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT
FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION,WHETHER IN
CONTRACT,TORT OR UNDER ANY OTHER LEGAL THEORY,AND WHETHER ARISING BY NEGLIGENCE,
INTENTIONAL CONDUCT,OR OTHERWISE)EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO CONSULTANT
PURSUANT TO THIS AGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE
MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENT AS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASE
THE POLICIES).
14.INSURANCE
A.Consultant shall procure and maintain and shall cause any subcontractor of Consultant to procure
and maintain,the minimum insurance coverages listed below throughout the term of this
Agreement.Such coverages shall be procured and maintained with forms and insurers acceptable
to Municipality.In the case of any claims-made policy,the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
B.Worker's compensation insurance to cover obligations imposed by applicable law for any employee
engaged in the performance of work under this Agreement,and Employer's Liability insurance with
minimum limits of one million dollars ($1,000,000)bodily injury each accident,one million dollars
($1,000,000)bodily injury by disease –policy limit,and one million dollars ($1,000,000)bodily
injury by disease – each employee.
C.Commercial general liability insurance with minimum combined single limits of one million dollars
($1,000,000)each occurrence and two million dollars ($2,000,000)general aggregate.The policy
shall be applicable to all premises and operations.The policy shall include coverage for bodily
injury,broad form property damage,personal injury (including coverage for contractual and
employee acts),blanket contractual,independent Consultant’s,and products.The policy shall
contain a severability of interest provision and shall be endorsed to include Municipality and
Municipality’s officers, employees, and consultants as additional insureds.
D.Professional liability insurance with minimum limits of one million dollars ($1,000,000)each claim
and two million dollars ($2,000,000) general aggregate.
E.Automobile Liability: If performance of this Agreement requires use of motor vehicles licensed for
highway use, Automobile Liability Coverage is required that shall cover all owned, non-owned, and
hired automobiles with a limit of not less than $1,000,000 combined single limit each accident.
F.Municipality shall be named as an additional insured on Consultant’s insurance coverage.
G.Prior to commencement of Services,Consultant shall submit certificates of insurance acceptable to
Municipality.
15.THIRD PARTY RELIANCE
This Agreement is intended for the mutual benefit of Parties hereto and no third-party rights are intended or
implied.
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16.OWNERSHIP OF DOCUMENTS
Except as expressly provided in this Agreement,Municipality shall retain ownership of all Materials and of all
work product and deliverables created by Consultant pursuant to this Agreement.The Materials,work
product and deliverables shall be used by Consultant solely as provided in this Agreement and for no other
purposes without the express prior written consent of Municipality.As between Municipality and
Consultant,all work product and deliverables shall become the exclusive property of Municipality when
Consultant has been compensated for the same as set forth herein,and Municipality shall thereafter retain
sole and exclusive rights to receive and use such materials in such manner and for such purposes as
determined by it.Notwithstanding the preceding,Consultant may use the Materials,work product,
deliverables,applications,records,documents and other materials provided to perform the Services or
resulting from the Services,for purposes of (i)benchmarking of Municipality’s and other client’s
performance relative to that of other groups of customers served by Consultant;(ii)improvement,
development marketing and sales of existing and future Consultant services,tools and products;(iii)
monitoring Service performance and making improvements to the Services.For the avoidance of doubt,
Municipality Data will be provided to third parties,other than hosting providers,development consultants
and other third parties providing services for Consultant,only on an anonymized basis and only as part of a
larger body of anonymized data.If this Agreement expires or is terminated for any reason,all records,
documents,notes,data and other materials maintained or stored in Consultant’s secure proprietary
software pertaining to Municipality will be exported into a CSV file and become property of Municipality.
Notwithstanding the preceding,Consultant shall own all rights and title to any Consultant provided software
and any improvements or derivative works thereof.
Upon reasonable prior written notice,Municipality and its duly authorized representatives shall have access
to any books,documents,papers and records of Consultant that are related to this Agreement for the
purposes of audit or examination,other than Consultant’s financial records,and may make excerpts and
transcriptions of the same at the cost and expense of Municipality.
17.CONSULTANT ACCESS TO RECORDS
Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its
obligations under this Agreement.Accordingly,Municipality will either provide to Consultant on a daily
basis such data from the Records as Consultant may reasonably request (in an agreed electronic format)or
grant Consultant access to its Records and Record management systems so that Consultant may download
such data.Data provided to or downloaded by Consultant pursuant to this Section shall be used by
Consultant solely in accordance with the terms of this Agreement.
18.CONFIDENTIALITY
Consultant shall not disclose,directly or indirectly,any confidential information or trade secrets of
Municipality without the prior written consent of Municipality or pursuant to a lawful court order directing
such disclosure.
19.CONSULTANT PERSONNEL
Consultant shall employ a sufficient number of experienced and knowledgeable employees to perform
Services in a timely,polite,courteous and prompt manner.Consultant shall determine appropriate staffing
levels and shall promptly inform Municipality of any reasonably anticipated or known employment-related
actions which may affect the performance of Services.Additional staffing resources shall be made available
to Municipality when assigned employee(s) is unavailable.
20.DISCRIMINATION & ADA COMPLIANCE
Consultant will not discriminate against any employee or applicant for employment because of race,color,
religion,age,sex,disability,national origin or any other category protected by applicable federal or state
law.Such action shall include but not be limited to the following:employment,upgrading,demotion or
transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms of
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compensation,and selection for training,including apprenticeship.Consultant agrees to post in conspicuous
places, available
to employees and applicants for employment,notice to be provided by an agency of the federal
government,setting forth the provisions of Equal Opportunity laws.Consultant shall comply with the
appropriate provisions of the Americans with Disabilities Act (the “ADA”),as enacted and as from time to
time amended,and any other applicable federal regulations.A signed certificate confirming compliance
with the ADA may be requested by Municipality at any time during the term of this Agreement.
21.E-VERIFY/VERIFICATION OF EMPLOYMENT STATUS
Pursuant to FS 448.095,Consultant certifies that is it registered with and uses the U.S.Department of
Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by
Consultant during the term of the Agreement. Consultant shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement and will verify immigration status to confirm
employment eligibility.If Consultant enters into a contract with a subcontractor to perform work or provide
services pursuant to the Agreement,Consultant shall likewise require the subcontractor to comply with the
requirements of FS 448.095,and the subcontractor shall provide to Consultant an affidavit stating that the
subcontractor does not employ,contract with or subcontract with an unauthorized alien.Consultant will
maintain a copy of such affidavit for the duration of its contract with owner.Consultant is prohibited from
using the E-Verify program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
22.SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES
During the term of this Agreement and for one year thereafter,Municipality shall not solicit,recruit or hire,
or attempt to solicit,recruit or hire,any employee or former employee of Consultant who provided services
to Municipality pursuant to this Agreement (“Service Providers”),or who interacted with Municipality in
connection with the provision of such services (including but not limited to supervisors or managers of
Service Providers,customer relations personnel,accounting personnel,and other support personnel of
Consultant). Parties agree that this provision is reasonable and necessary in order to preserve and protect
Consultant’s trade secrets and other confidential information,its investment in the training of its employees,
the stability of its workforce,and its ability to provide competitive building department programs in this
market. If any provision of this section is found by a court or arbitrator to be overly broad,unreasonable in
scope or otherwise unenforceable,Parties agree that such court or arbitrator shall modify such provision to
the minimum extent necessary to render this section enforceable.In the event that Municipality hires any
such employee during the specified period,Municipality shall pay to Consultant a placement fee equal to
25% of the employee’s annual salary including bonus.
23.COMPLAINTS AND APPEALS
Any complaint about Consultant received by Municipality shall be forwarded to Consultant’s representative
listed in Notices Section of this Agreement. Municipality shall provide specific complaint details to the
extent allowed by law. Consultant will submit a response to the Municipality within ten (10) business days
of receipt. MN Rule 1300.0230 provides a mechanism for persons aggrieved by an order, decision, or
determination of the Building Official to appeal under the State Building Code. In the event a Municipality
does not have an appeals board, appeals will be heard by the State of Minnesota appeals board. All other
appeals of Consultant decisions will proceed as required by applicable section of the Municipal code or state
law.
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24.NOTICES
Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in
person,or sent,pre-paid,first class United States Mail,or delivered by electronic mail to the following
addresses:
If to Municipality:If to Consultant:
Nicole Miller, Assistant City Manager
Saint Anthony Village
3301 Silver Lake Road Northeast
Saint Anthony, Minnesota 55418
Email: nicole.miller@savmn.com
Joe DeRosa, CRO
SAFEbuilt, LLC
444 N. Cleveland, Suite 444
Loveland, CO 80537
Email: jderosa@safebuilt.com
25.FORCE MAJEURE
Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of
payment obligations)which is caused by events beyond the reasonable control of such party,shall not
constitute a breach of this Agreement,and the time for performance of such provision,if any,shall be
deemed to be extended for a period equal to the duration of the conditions preventing such performance.
26.DISPUTE RESOLUTION
In the event a dispute arises out of or relates to this Agreement,or the breach thereof,and if said dispute
cannot be settled through negotiation,Parties agree first to try in good faith to settle the dispute by
mediation,before resorting to arbitration,litigation,or some other dispute resolution procedure.The cost
thereof shall be borne equally by each Party.
27.ATTORNEY’S FEES
In the event of dispute resolution or litigation to enforce any of the terms herein, each Party shall pay all its
own costs and attorney’s fees.
28.AUTHORITY TO EXECUTE
The person or persons executing this Agreement represent and warrant that they are fully authorized to sign
and so execute this Agreement and to bind their respective entities to the performance of its obligations
hereunder.
29.CONFLICT OF INTEREST
Consultant shall refrain from providing services to other persons,firms,or entities that would create a
conflict of interest for Consultant with regard to providing the Services pursuant to this Agreement.
Consultant shall not offer or provide anything of benefit to any Municipal official or employee that would
place the official or employee in a position of violating the public trust as provided under Municipality’s
charter and code of ordinances, state or federal statute, case law or ethical principles.
30.GOVERNING LAW AND VENUE
The negotiation and interpretation of this Agreement shall be construed under and governed by the laws of
the State of Minnesota,without regards to its choice of laws provisions.Exclusive venue for any action
under this Agreement,other than an action solely for equitable relief,shall be in the state and federal courts
serving Municipality and each party waives any and all jurisdictional and other objections to such exclusive
venue.
31.COUNTERPARTS
This Agreement and any amendments or task orders may be executed in one or more counterparts,each of
which shall be deemed an original,but all of which shall constitute one and the same instrument.For
purposes of executing this Agreement, scanned signatures shall be as valid as the original.
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32.ELECTRONIC REPRESENTATIONS AND RECORDS
Parties hereby agree to regard electronic representations of original signatures as legally sufficient for
executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid as the
original.Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in
electronic form or because an electronic record was used in its formation.Parties agree not to object to the
admissibility of the Agreement in the form of an electronic record,or a paper copy of an electronic
document,or a paper copy of a document bearing an electronic signature,on the ground that it is an
electronic record or electronic signature or that it is not in its original form or is not an original.
33.WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision.Waiver of
any right or power arising out of this Agreement shall not be deemed waiver of any other right or power.
34.ENTIRE AGREEMENT
This Agreement,along with attached exhibits,constitutes the complete,entire and final agreement of the
Parties hereto with respect to the subject matter hereof,and shall supersede any and all previous
agreements,communications,representations,whether oral or written,with respect to the subject matter
hereof.Invalidation of any of the provisions of this Agreement or any paragraph sentence,clause,phrase,or
word herein or the application thereof in any given circumstance shall not affect the validity of any other
provision of this Agreement.
IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on
the dates hereinafter enumerated.
__________________________________________________
Avner Alkhas, Chief Financial Officer Date
MNSPECT, LLC
__________________________________________________
Signature Date
Saint Anthony Village, Minnesota
_____________________________
Name and Title
Saint Anthony Village, Minnesota
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EXHIBIT A – MNSPECT, LLC BUILDING SERVICES PROPOSAL DATED MARCH 11, 2022
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EXHIBIT B – COMMUNITY CORE SOLUTIONS TERMS AND CONDITIONS
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105
REQUEST FOR PROPOSAL
BUILDING SERVICES
ELECTRONIC
St. Anthony Village, MN
ALAN D. GREENE
Account Manager
224.250.4010
agreene@safebuilt.com
SCOTT QUALLE
General Manager
763.458.6926
squalle@mnspect.com
EXHIBIT A
Building Services | St. Anthony Village , MN
MAKING A DIFFERENCE WHERE YOU NEED US
TABLE OF CONTENTS
Cover Letter ........................................................................................................................................................................3
Firm Overview .....................................................................................................................................................................5
Firm’s Background and History ...........................................................................................................................................7
Services Offered by MNSPECT ............................................................................................................................................7
Qualifications of Assigned Personnel ...................................................................................................................................8
List of References .............................................................................................................................................................10
Approach to Scope of Services .........................................................................................................................................13
Basis for Compensation ....................................................................................................................................................19
Applicant Authority ............................................................................................................................................................20
Why Choose MNSPECT? ..................................................................................................................................................21
Letters of Recommendation ...............................................................................................................................................22
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MAKING A DIFFERENCE WHERE YOU NEED US
COVER LETTER
March 11, 2022
Ms. Nicole Miller,
Assistant to the City Manager
3301 Silver Lake Road
St. Anthony, MN 55418
Re.: Proposal for Building Services
Dear Ms. Miller,
MNSPECT, LLC, a SAFEbuilt, Company is pleased to present our proposal to the City of St. Anthony Village
(City) for Building Official Services for the plan review, inspections, and enforcement of the Minnesota State
Building Code. Because accurate and timely Building Department Services are critical to helping support the
City’s development, below is a list of services that MNSPECT recommends and optional services we can
provide to St. Anthony.
MNSPECT provides efficient and effective solutions. Our proven methods deliver high customer satisfaction
at a reasonable cost.
MNSPECT staff of 25 is very familiar with the requirements of the communities they serve. We are certain that
the transition will be smooth and easily accomplished.
In August of 2021, SAFEbuilt acquired MNSPECT, LLC (MNSPECT), which improved our expansion by providing
Municipal Building Department services throughout Minnesota. SAFEbuilt’s integration with MNSPECT ensures
that we continue to provide our clients with prompt, available, and responsive service to meet the unique
needs of our many clients.
Since 1992, SAFEbuilt has began providing exceptional Community Development Services to local governments.
We are currently the national leader performing value-added professional, technical, and consulting services
in 30 states and the District of Columbia for the efficient delivery of third-pa rty solutions. SAFEbuilt has been
expanding and continually improving Municipal Building Departments for 30 years.
We strongly believe that to provide your City with quality services, it is essential to choose a partner with
demonstrated abilities, capable of fully managing the services that you require. MNSPECT’s long-term
experience with 21 communities as the Designated Building Official and providing supplemental services to
14 additional communities provides a thorough working knowledge of the requirements and expectations of
the City. Our previous body of work showcases our technical expertise to perform these services in a timel y,
well-qualified and resourceful manner.
MNSPECT has the capacity to customize services to meet your needs. Your service will derive from our
Minnesota office in Waconia. We will implement your program seamlessly, delivering the solutions your
community needs in a manner that elected officials, City staff, stakeholders and citizens desire and most
MNSPECT Services To Be Provided
Proposed Services Recommended Services Optional Services
• Building Official •Plumbing Plan Review
•Sediment and Erosion Control
Inspections
•Zoning Code Enforcement
•Rental Housing License Inspections
•Commercial/Business Fire Safety Inspections
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MAKING A DIFFERENCE WHERE YOU NEED US
importantly, deserve. We recognize that different communities have different needs and objectives. Our efforts
will address these specific goals and challenges to help you sustain a thriving City.
MNSPECT commits to provide the following service to the City of St. Anthony:
9 Always display professionalism and be responsive to the community needs;
9 Provide residential plan review turnaround time targeted at 5-7 working days or less;
9 We will schedule inspections the same or next business day after a resident or customer calls to
request it;
9 Provide efficient and effective support to all departments;
9 Work directly with the City on process an strategic goals that best service the residents and customers;
9 Return phone calls and emails by the next business day, if not sooner;
9 Ensure all City rules, policies, and plans developed by the City Council are followed and enforced.
9 One set of full-size printed and reviewed plans provided for new home permits at no cost.
9 MNSPECT has a department that is focused on Community Improvement Services that focuses on
Municipal and Nuisance Code Enforcement.
9 An Inspector will be assigned to St. Anthony with appropriate back-ups in place.
Benefits of partnering with MNSPECT:
Applicants City
9 Commercial Plumbing Plan Review in lieu of the
State* (Saves 3-7 weeks in construction delays)
9 Experienced staff assigned to St. Anthony with
backups in place.
9 Time Specific Inspection Appointments 9 Applicant and Client Satisfaction
9 Electronic Plan Availability for Inspectors to avoid
re-inspections and fees
9 Community Core Software
•Reduced Staff Time
•No Scheduling by City Staff
9 Community Core Software
•Public Portal for counter permits allows
applicants to track permit status.
*Benefit* The State of Minnesota is currently at an 11 week turnaround timeframe while MNSPECT is currently
at only a 2 week turnaround timeframe.
Thank you for taking the time to assess our proposal. If you have any question, please feel free to contact me
directly at 952.442.7520 or by email at squalle@mnspect.com.
Best,
Scott Qualle, General Manager
MNSPECT, LLC, a SAFEbuilt Company
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FIRM OVERVIEW
MNSPECT’s many years of successful service to the communities we serve extends to all activities related
to the administration and enforcement of the Minnesota State Codes for Accessibility, Building, Energy, Fire,
Fuel Gas, Industrialized/Modular Buildings, Manufactured Homes, Mechanical, Plumbing, and Prefabricated
Buildings.
The State of Minnesota demonstrates its confidence in our qualifications and competencies by granting
MNSPECT approval to provide these specialized services, normally provided by the State:
A.Approval from the Minnesota Department of Labor and Industry to perform plan review and inspections on
public buildings and State licensed facilities.
B.Approval from the Minnesota Department of Labor and Industry - Plumbing Plan Review and Inspections
Unit to perform plumbing plan review on plumbing systems that serve the public.
C.Approval from the Minnesota Department of Public Safety - State Fire Marshal Division to perform plan
review and inspections on fire suppression systems and fire alarm systems.
D.Approval from the Minnesota Department of Public Safety - State Fire Marshal Division to perform State
required fire inspections on Minnesota Department of Human Services licensed facilities.
These special authorities: a) allow for local oversight of projects, b) optimize construction integrity in the
design stages, and c) ensure permit revenue for these projects of large magnitude stay with the community
instead of going to the State.
MNSPECT partners with communities to provide a high level of service for homeowners, building owners,
contractors, and the Municipality. We work to exceed community goals and standards of service. Our expert
knowledge of Minnesota Building Codes, our helpful and professional approach, our commitment to timely
service and communication, and our focus on code education is our formula for success. Our motto is:
“Helping You Comply with the Code.”
Our solid reputation as an industry leader demonstrates our knowledge, flexibility, and cost efficiencies, giving
us the reliability your municipality needs in a team. Our people love what they do and eagerly contribute
solutions and recommendations that are proven, time-tested, and specific to your needs, providing the following
fundamental elements:
9 Focus on Service. Because we serve many municipalities and agencies, we are constantly improving and
adapting to provide our clients with superior services. We share a wealth of recommendations from our
varied experience with other communities to help keep the services we provide the most efficient possible
while maintaining our commitment to service excellence.
9 Tailored, Responsive Services. Our team is skilled at assessing time commitments, developing an accurate
work plan, and applying dedicated, professional personnel. We quickly fine-tune staffing levels to match
changes in activity – always maintaining the highest level of customer service. We hand-pick staff, uniquely
qualified and experienced, to deliver the exact services requested. We create customized workflows to
provide our clients with services that ensure all critical steps are followed through the permit issuance
process.
9 Swift Turnarounds and Expedited Services. Our staff excels at providing prompt turnarounds. We meet or
exceed expected turnaround deadlines.
9 Effective Coordination with other Agencies and Departments. Our people are trained in promoting
collaboration and cooperation with other departments and agencies.
9 A Wealth of Code Knowledge and Building Industry Experience. We maintain staff fully licensed and
certified at the highest level of industry standards. To keep our personnel on the industry’s cutting edge,
many serve as popular educational instructors and lecturers, as well as sit on leading boards and committees
for organizations developing and implementing important code regulations.
9 Leading-Edge Technology. SAFEbuilt’s software, CommunityCore Solutions (www.CommunityCore.com),
delivers a suite of digital options for jurisdictions: prompt digital plan reviews, including electronic versions
of plan comments, and an easy-to-use online web application/portal for submittal, tracking, and approval
of digital plans.
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MNSPECT
GROUP A GROUP B GROUP C
MNSPECT’s ISO Building Code Effectiveness Grading Schedule (BCEGS)
MNSPECT takes great pride in achieving an ISO Building Code Effectiveness Grading Schedule score of a 3
for both commercial and residential work. The purpose of BCEGS is to provide insurance companies with a
way to score building departments with a rating, similar to how ISO scores fire departments. This equates to
a savings for residents as the lower the score the higher the insurance discount can be for new construction
in a community.
The ISO Audit is the only analysis that any Building Department is subjected to, other than a voluntary department
accreditation for the ICC-IAS (of which there are currently no accredited departments in Minnesota).
Group A: Municipalities receive the maximum discount benefit possible on new construction when the
homeowner’s insurance company uses the BCEGS in their underwriting formulas.
Group B: Municipalities receive a midrange discount benefit possible on new construction when the
homeowner’s insurance company uses the BCEGS in their underwriting formulas.
Group C and Score 99 (Declined to participate): Municipalities receive no discount benefit possible
on new construction when the homeowner’s insurance company uses the BCEGS in their underwriting
formulas.
The long-term savings to the community could be substantial. If a community has 1,000 recently (last 10
years) constructed homes, the collective decrease could be 5% of premium (1,500 x 0.05 = $75.00) x 1,000
= $75,000 per year of insurance premium discounts if the building department had a score of 3 (vs 9 or 99).
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BACKGROUND AND HISTORY
Since 1987, MNSPECT has been providing comprehensive Designated Building Official and Supplemental/
As-Needed Building Safety services for Minnesota communities. MNSPECT’s highly-qualified, certified,
and experienced team of Building Officials currently provides services for 29 communities. In calendar year
2020, we performed over 2,000 plan reviews, issued over 4,8600 permits, and performed more than 9,000
inspections.
MNSPECT LLC was formed in 2010. MNSPECT Inc., the predecessor company to MNSPECT LLC, was
incorporated in 1987 and was originally named Paul Waldron and Associates Limited.
In August of 2021, SAFEbuilt acquired MNSPECT, LLC (MNSPECT), which expanded SAFEbuilt’s presence
into Minnesota. Since 1992, SAFEbuilt has provided exceptional Community Development Services to local
governments. SAFEbuilt is a national leader performing value-added professional, technical, and consulting
services in 30 states and the District of Columbia for the efficient delivery of third-party solutions.
The below is a breakdown personnel assigned to the contract and what services that can provide:
Number of Staff Qualified to Provide Services
Qualified Staff Services or Credentials
16 MN Certified Building Officials
16 Perform Building Inspection
11 Perform Code Review
19 Perform Code Enforcement
7 Administrative
A detailed list of training and experience for the above personnel to be assigned to the City can be found in the
section labeled Identification and Qualification of Assigned Personnel.
SERVICES OFFERED BY MNSPECT
Our areas of service have expanded over the past 34 years to include:
9 Designated Building Officials
9 Field Inspections
9 Rental Ordinance Inspection
9 Rental Licensing Inspection
9 Sediment and Erosion Control Monitoring
9 Municipal and Nuisance Code Enforcement
9 Commercial Plumbing Plan Review
Benefit* The State of Minnesota is currently at an 11 week turnaround timeframe while MNSPECT is
currently at only a 2 week turnaround timeframe.
9 Fire Safety Inspection
“The transition period was seamless and the city felt more informed than ever before from a
communications standpoint. MNSPECT staff expertise is exceptional and they have proven an invaluable
resource to the city…Their willingness to go above and beyond at every turn has shown their superior
commitment to not only customer service but to the community a well. In turn, the city’s level of service
and response times have improved exponentially…MNSPECT is truly an asset to our community!”
SANDIE THONE • FORMER CITY ADMIN
“We are so proud to work with such an outstanding company! City staff highly endorses MNSPECT’s
professional business strategy and looks forward to our on-going relationship.”
DAN TOLSMA • CITY ADMIN, Sharon Farniok, Assistant / City of Spring Park, MN
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Management Team
Scott Qualle – General Manager & Building Official
since January 2005
General Manager
•MN Certified Building Official BO002643
•ICC Certified Building Official
•MN Approved for Inspection of Public Buildings
and State Licensed Facilities
•Statutory Warranty Dispute Resolution Neutral
(mediator)
•Erosion/Sediment Control Construction Installer/
Inspector
•MN Foster/Daycare Fire Inspector
•MN Approved Continuing Education Instructor
•Building Inspection Technology (BIT) Certificate
•Associate in Applied Science Degree, BIT
•Associate in Applied Science Degree, Accounting
•Bachelor of Science Degree, Business
•Master’s Degree in Business Administration
(MBA)
•17 years code enforcement; 5 years
construction/real estate experience
Ty Turnquist since March 2005
Minnesota State Manager, Operations
•MN Certified Building Official BO002901
•Building Inspection Technology Certificate
•MN Approved for Code Review and Inspections of
Public Buildings and State Licensed Facilities
•MN Approved for Fire Sprinkler and Fire Alarm
Inspections
•SEC Regulatory Enforcement Certificate
•Erosion/Sediment Control Construction Inspector
•MN Approved Continuing Education Instructor
•MN Foster/Daycare Fire Inspector
•17 yrs. code enforcement; 20 yrs. construction
exp.
Tracy Montgomery since June 2008
Building Administrative Services, Manager
•Bachelor of Science Degree
•13 yrs. code enforcement support
Jeff Munsterteiger since October 2017
Manager of Code Review
•MN Certified Building Official BO002824
•ICC Certified Building Plans Examiner
•Building Inspections Technology (BIT)
•MN Approved for Code Review and Inspections of
Public Buildings and State Licensed Facilities
•14 yrs. code enforcement; 23 yrs. construction
exp.
Franklin Martin since May 2021
Manager of Field Inspections
•MN Certified Building Official BO001821
•ICC Certified Building Official
•MN Approved for Code Review and Inspections of
Public Buildings and State Licensed Facilities
•37 yrs. code enforcement; 4 yrs. architecture
exp.
Field Inspection Team
Dale Engelmann since January 2013
Senior Plumbing Code Reviewer/Plumbing
Inspector
•Master Plumber PM062282
•Backflow Prevention Tester BT062282
•MN Approved Commercial Plumbing Plans
Examiner
•8 yrs. code enforcement; 41 yrs. plumbing exp.
Tracy Reimann since October 2016 - Manager,
Specialty Inspections
City Code Enforcement, Rental Licensing Inspector
and Residential Field Inspector
•MN Certified Limited Building Official LB723665
•Certified Home Inspector AHIT
•Bachelor of Science, Business
•Certified Radon Measurement Professional
RMEA-00396
•5 yrs. code enforcement; 10 yrs. construction
exp.
Karl Horning since January 2017
Senior Field Inspector
•MN Certified Building Official BO002662
•Building Inspection Technology Certificate
•Subsurface Sewage Treatment Systems License
•20 yrs. code enforcement; 10 yrs. construction
exp.
Jim Grampre since April 2017
Senior Field Inspector
•MN Certified Building Official BO001497
•Building Inspection Technology Certificate
•34 yrs. code enforcement; 10 yrs. construction
exp.
Barry Brainard, since April 2019
Senior Field Inspector
•MN Certified Building Official BO001299
•ICC Certified Residential Plans Examiner and
Inspector
•MN Approved for Code Review and Inspections of
Public Buildings and State Licensed Facilities
•MN Approved for Fire Sprinkler and Fire Alarm
Code Review and Inspections
•ICC Certified Permit Technician
•37 yrs. code enforcement; 4 yrs. architecture
exp.
QUALIFICATIONS OF ASSIGNED PERSONNEL
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Field Inspection Team Continued
Bill Schwanke since June 2019
Senior Field Inspector
•MN Certified Building Official BO002200
•17 yrs. code enforcement
Jake Nelson – Since June 2019
Field Inspector
•MN Certified Building Official Limited LB777681
•ICC Residential Building Inspector
•Sediment and Erosion Control Inspector
•2 yrs. code enforcement; 2 yrs. construction exp.
David Rahn since September 2019
Senior Field Inspector
•MN Certified Building Official BO001772
•Certified Building Official ICC
•30 yrs. code enforcement; 27 yrs. construction
exp.
Abram Pulkrabek – Since February 2021
Field Inspector
Don Harmsen since March 2021
Senior Field Inspector
•MN Certified Building Official BO002896
•Building Inspection Technology Certificate
•MN Approved for Inspection of Public Buildings
and State Licensed Facilities
•18 yrs. code enforcement; 20 yrs. construction
exp.
David Rewey – Since September 2021
Field Inspector
Code Review Team
Nick Qualle since March 2005
Code Reviewer
•MN Certified Building Official BO002752
•Building Inspection Technology Certificate
•NFPA 10001 Firefighter 1 and Firefighter 2
•16 yrs. code enforcement; 3 yrs. construction
exp.
Brandon Holmes since November 2018
Code Reviewer
•MN Certified Building Official BO770894
•2 yrs. code enforcement; 15 yrs. construction
exp.
Michael Hauan since March 2021
Code Reviewer
•MN Certified Building Official Limited LB783560
•Specialized Associate of Science Degree in
architecture Drafting and Design
•20 yrs. drafting and design exp.
Kevin Kamerud since May 2021
Code Reviewer
•MN Certified Building Official Limited LB783561
•Residential Building Contractor BC763356
•23 yrs. construction exp.
Administrative Team
Wendy Morrissey since August 2011
Office Manager
•Bachelor of Arts Degree
•11 yrs. code enforcement support
Tonia Sikorski since April 2019
Specialty Inspections Assistant
•Real Property Administrator Certificate, BOMI
•2 yrs. code enforcement support
Christy James since June 2017
Lead Client Specialist
•Bachelor of Arts Degree
•4 yrs. code enforcement support
Alex Knutson since April 2021
Client Specialist
Lisa Thole since April 2021
Client Specialist
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LIST OF REFERENCES
Designated Building Official Clients:
City of Bayport – Since Aug 2016 Population: 3,792
294 3rd Street North, Bayport, MN 55003
Adam Bell, Administrator (651) 275-4404
City of Columbus – Since Mar 2021 Population: 4,055
16319 Kettle Rive Blvd. Columbus, MN 55025
Elizabeth Mursko, Administrator (651) 464-3120
Douglas Township – Since Jan 2011 Population: 755
PO Box 151, Hampton, MN 55031
Peggy Varien, Clerk (651) 769-5061
City of Glencoe – Since Mar 1991 Population: 5,467
1107 11th St E, Ste. 107, Glencoe, MN 55336
Mark Larson, Administrator (320) 864-5586
Greenvale Township – Since Jan 2012 Population: 754
31800 Guam Ave, Northfield, MN 55057
Greg Langer, Board Chair (507) 649-2376
City of Hamburg – Since Jun 1989 Population: 521
181 Broadway, Hamburg, MN 55339
Jeremy Gruenhagen, Clerk-Treasurer (952) 467-3232
City of Hampton – Since Apr 2010 Population: 699
PO Box 128, Hampton, MN 55031
Judy O’Brien, Administrator-Clerk (651) 437-8846
City of Landfall Village – Since Aug 2019 Population: 756
One 4th Avenue, Landfall, MN 55128
Ed Shukle, City Administrator (651) 739-4123
City of Lester Prairie – Since Mar 1997 Population: 1,726
PO Box 66, Lester Prairie, MN 55354
Doris Lundin, Clerk (320) 395-2646
City of Maple Lake – Beginning Aug 2021 Population 2,315
10 Maple Ave S, PO Box 757, Maple Lake, MN 55358
Renee Eckerly, City Administrator/City Clerk (320) 963-3611
City of Mound – Since Jan 2003 Population: 9,530
2415 Wilshire Blvd, Mound, MN 55364
Sarah Smith, Community Development Director (952) 472-0604
Greg Pederson, Fire Chief (952) 472-3533
City of North St. Paul – Since September 2018 Population: 12,477
2400 Margaret Street, North St. Paul, MN 55109
John Stark, City Manager (651) 747-2400
City of Nowthen – Since December 2019 Population: 4,723
8188 - 199th Ave. NW, Nowthen, MN 55330
Frank Boyles, Interim Clerk/Treasurer (763) 441-1347
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City of Plato – Since Jan 1994 Population: 307
PO Box 7, Plato, MN 55370
Gerri Scott, Clerk (320) 238-2432
Ravenna Township – Since January 2019 Population: 2,436
20425 Red Wing Boulevard, Hastings, MN 55033
Caroline Spurgeon, Township Clerk/Treasurer (651) 480-1902
City of Silver Lake – Since Apr 1994 Population: 818
308 Main St W, Silver Lake, MN 55381
Karissa Kurth, Clerk (320) 327-2412
City of Spring Park – Since May 2008 Population: 1,794
4349 Warren Ave, Spring Park, MN 55384
Jim Brimeyer, Interim City Administrator (952) 471-9051
City of Stacy – Since November 2021 Population: 1987
30955 Forest Blvd., Stacy, MN 55079
Sharon Payne, Clerk (651) 462-4486
Waterford Township – Since Apr 2014 Population: 478
517 Box 531, Northfield, MN 5505
Elizabeth Wheeler, Clerk (651) 346-8467
City of Watertown – Since November 2021 Population: 4,408
309 Lewis Avenue S, Watertown, MN 55388
Jake Foster, City Administrator (952) 955-2687
City of Winsted – Since November 2021 Population: 2,180
201 1st Street N. PO Box 126, Winsted, MN 55395
Adam Birkholz, City Administrator (320) 485-2366
Current Supplemental Back-Up Clients:
City of Eagan (backup) – Since Nov 2013 Population: 66,527
3830 Pilot Knob Rd, Eagan, MN 55122
Dale Schoeppner, Building Official (651) 675-5675
City of Faribault (backup) – Since March 2020 Population: 23,851
208 NW 1st Avenue, Faribault, MN 55021
Deanna Kuennen, Community and Economic Development Director (507) 333-0376
City of Forest Lake (backup) – Since Apr 2018 Population: 20,220
1408 Lake St South, Forest Lake, MN 55025
Alan Newman, Fire Chief (651) 464-3550
City of Golden Valley (backup) – Since Nov 2019 Population: 21,755
7800 Golden Valley Road, Golden Valley, MN 55427
Marc Nevinski, Physical Development Director (763) 593-8008
City of Lake Elmo (interim) – Since December 2018 Population: 9,100
3880 Laverne Avenue, Suite 100, Lake Elmo, MN 55042
Kristina Handt, City Administrator (651) 747-3900
City of Lino Lakes (backup) – Since July 2020 Population 21, 733
600 Town Center Pkwy, Lino Lakes, MN 55014
Patrick Moonen, Building Official (651) 982-2463
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City of Mankato (backup) – Since Mar 2019 Population: 42,610
10 Civic Center Plaza, Mankato, MN 56001
Molly Westman, Planning Assistant (507) 387-8571
Mendota Heights (backup) – Since May 2017 Population: 12,890
A to Z Home Inspections (Mendota, Sunfish Lake, Lilydale)
1101 Victoria Curve, Mendota Heights, MN 55118
Mike Andrejka, Building Official (651) 255-1143
City of New Brighton (backup) – Since June 2021 Population: 22,556
803 Old Highway 8 NW, New Brighton, MN 5511
Devin Massopust, City Manager (651) 638-2046
City of Orono – Since March 2021 Population: 8,113
2750 Kelley Parkway, Orono, MN 55356
Jeremy Barnhart, Community Development Director (952) 249-4626
Scott County (backup) – Since Sept 2017 Population: 20,315
Government Center
200 Fourth Avenue West, Shakopee, MN 55379
Jami Neiber, Building Official (952) 496-8883
Shakopee Mdewakanton Sioux Community (backup) Population: 658
Since Aug 2017
2330 Sioux Trail NW, Prior Lake, MN 55372
Rick Schlueter, Building Official (952) 496-6135
City of Shorewood (backup) – Since Jan 2006 Population: 7,496
5755 Country Club Rd, Shorewood, MN 55331
Wade Woodward, Building Official (952) 474-3236
City of Springfield – Since August 2021 Population: 2,300
201 1st Street N. PO Box 126, Winsted, MN 55395
Joe Stremcha, City Manager (507) 723-3524
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APPROACH TO SCOPE OF SERVICES
BUILDING SERVICES APPROACH
With our range of Building Department Services, MNSPECT empowers communities to envision, plan and execute
innovative solutions for nearly all municipal operations services. Our highly skilled teams bring the experience
necessary to meet the City of St. Anthony needs for Building Official Inspection and Related Services.
Whether you are facing a shortage in your staff, dealing with fluctuating workload, or needing additional technical
expertise on a large or complex project, MNSPECT offers you the flexibility of services that fits your needs. Many
communities across the country utilizes our on-call building permit application reviews as well as plan reviews.
PLAN REVIEW SERVICES
Our plan review professionals use the best practices to meet each municipality’s service requirements, managing
projects effectively and efficiently, completing all deliverables on-time. After plans are logged, our scheduler assigns
plans to the appropriate examiner, he/she completes the review, and the completed review is returned to the municipality
as outlined below:
Our process includes tracking, verification, corrections, and communication:
TRACKING CORRECTIONS
We log plans into our database and tracked through our
review process. Once entered, the plans are sent to the
appropriate plans examiner.
Plans are reviewed for compliance with all applicable
federal, state and local regulations. Corrections are
noted directly on the plans or a Review Letter. Preliminary
consultation with applicants is also available.
VERIFICATION COMMUNICATIONS
All information on each submittal is checked against the
permit application for accuracy.
Results are communicated to the applicant the same day.
Any needed corrections are explained to the applicant in
detail.
Examples of previous projects include high-rise building, casinos, regional shopping centers, hotels, hospitals, sports
arenas, detention facilities, police stations, fire stations, city halls, libraries, schools, industrial facilities, hazardous
occupancies, trash recycling, essential facilities, residential projects, tenant improvements, and remodels.
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Commercial, Multi-Family, Single-Family and MEP Plan Review
MNSPECT ensures submittals are properly coordinated and tracked by following an established internal plan check
process in which each plan is entered into our database, processed and returned to the client on time. Our plan
tracking procedures are designed to track each submittal throughout the review process and maintain accurate and
comprehensive records for each submittal, verifying information shown on each permit application.
9 Screening and logging each application to ensure
timely routing to all plan reviewers.
9 Double check each submittal when received
to ensure it is full and complete.
9 Reviewing submittals for compliance with all
relevant Federal, State, and local requirements.
The log serves as tracking device to ensure
turnaround times and completeness of the review.
9 Conduct plan reviews in accordance with Local,
State and Federal regulations, as well as all codes
and ordinances in effect for the City
On larger more complex projects,
preliminary consultations are provided to the
applicant upon request to assist and guide them
in the design and plans preparation process.
9 Information shown on each permit application
is verified. Construction valuation is based on
information provided and compared to
estimates provided.
9 Utilize electronic plan review.
9 Transmit plans with Bluebeam.
9 Return all emails/voicemails within 24 hours.
9 Determine scope of project prior to plan review.
9 Conduct pre-plan review meetings, as necessary.
9 Review all construction documents and plan set.
9 Utilize compliance checklists during plan reviews.
9 Provide the following in plan review letter:
9 Cite the applicable construction drawing
sheet number(s)
9 Note code section(s) and provide the code
language.
9 Provide a brief, but concise comment explaining
the identified issues.
9 Return approved plans and associated
documentation to applicant in a timely and
professional manner.
9 Provide design advice only in the context of
achieving code compliance (written and verbal
communication)
9 Perform plan reviews within specified timeframes.
9 Communicate valuation/fee updates to Permit
Technician/City.
Targeted Plan Review Turnaround Times
Type of Project Completeness Check Plan Review
Commercial (IBC)5 working days or less 10-15 working days from complete submittal
Residential (IRC)2 working days or less 5-7 working days from complete submittal
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CAPABILITIES TO RECEIVE AND PROCESS ELECTRONIC PLANS SUBMITTALS
MNSPECT strongly recommends using remote (electronic) plan review for its
better time efficiency, its environmental impact benefits (e.g., paper, fuel, and
carbon emissions), and its benefits to health by preventing person-to-person
interaction during the pandemic. Furthermore, our capabilities to support
multiple plan reviews simultaneously is unlimited. Our team is proficient with
using all of the industry standard electronic plan review systems currently
available. The benefits of remote plan review include:
•Access to multi-disciplined plan reviewers. Credentialed staff are hard
to find—staffing all positions necessary is financially difficult. Remote plan
review provides the City with access to credentialed multi-discipline experts
throughout our company.
•Remote access and increased transparency. Clients can conveniently
submit their plans and monitor their status remotely, reducing the need to sit
and wait in a building department office or wait by the phone. Clients can
access the portal anytime, anywhere without restrictions to office hours.
We can receive plans from the City or directly from the applicant by mail, FedEx,
or electronic transmission. If submitted directly we will utilize our workflow to
ensure that the City’s required processes (Zoning Review, Fire Department
Approval, etc.) are performed in sequence. Our process is convenience for
our client municipalities and for the designers and permit applicants we serve.
All plans submitted to the City will be analyzed for compliance according to
agreed timetable.
SUBMIT PLAN
ELECTRONICALLY
REVIEW AND
PRESCREENING
PROCESS
REVISE AND
RESUBMIT
APPROVE AND
PRINT PLANS
ELECTRONIC
PLAN REVIEWS
ePlan Reviews
Reduces production time and provides
reviewers faster access with real time
visibility and easy reporting maintenance.
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INSPECTION SERVICES
Our inspection staff recognizes that an educational, informative approach is the most effective way to improve the
building community’s experience.
INSPECTION
TIMEFRAMES
CUSTOMIZED TO COMMUNITY NEEDS
SAME AND NEXT DAY INSPECTIONS
WEEKEND & AFTER HOURS
EMERGENCIES
GPS ROUTING
TIME SPECIFIC APPOINTMENTS
INSPECTION
REQUEST
MULTIPLE CONTACT METHODS
NEXT DAY SERVICE IF REQUESTED
BY 4:30 PM
WEB-ENABLED OPTION
SPECIAL INSTRUCTIONS
AFTER HOURS INSPECTIONS
INSPECTION
TYPES
BUILDING
MECHANICAL
PLUMBING
RENTAL HOUSING
CODE ENFORCEMENT
FIRE
APPLICANT
NOTIFICATION
NOTIFIED PRIOR TO INSPECTION
RESULTING IN THE FIELD
AUTOMATIC EMAIL NOTIFICATION
TRACKING &
REPORTING
TRACKED BY PERMIT NUMBER,
TYPE, & TRADE
COMPILED RESULTS MAINTAINED
MONTHLY REPORTS
TIMEFRAME &
QUALITY
ROUTING SOFTWARE TO
ENSURE EFFICIENCY
RANDOM QUALITY CHECKS
ONGOING TRAINING
FOR INSPECTORS
MNSPECT’S INSPECTION PROCESS
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Time Frame for Inspections and Management of
Inspector Schedules
We sit down with the City to establish a customized
Inspection Notification Process. MNSPECT offers next
day inspections for any request received by 4:30 P.M. on
the prior business day. We offer weekend and after-hours
inspections on a scheduled basis, as well as emergency
inspections for an additional fee. MNSPECT uses a routing
program that utilizes computer mapping and GPS to route
inspections efficiently. Applicants who call to schedule an
appointment will recieve a specific time for their inspection
to minimize the time they need to wait for the inspector.
Details on Inspection Type
MNSPECT operations conduct Building, Mechanical,
Plumbing, and Fire Suppression System for building
related permits. We also conduct Rental Housing and
Code Enforcement Inspections. Our inspection lists are
developed based on the adopted codes, as well as specific
requirements from the City.
Details on Inspection Request Process
Inspections in all MNSPECT offices can be requested by
traditional methods of phone, email, fax, or through a
service portal. Requests are always handled promptly and
professionally.
MNSPECT recently adopted new, innovative technology
that streamlines the process and provides users with
a more efficient experience. We can web-enable your
permitting system, allowing resident, contractors, and
homeowners to conveniently access permits, review
statuses, and request inspections online.
Applicant Notification Process
Applicants are notified with the time of inspection by our
inspection staff. Inspectors can result inspections in the
field, and will contact the applicant with the results using
the preferred contact method.
Tracking and Reporting Details
All MNSPECT inspections are tracked by permit number,
type, and trade. Each inspector enters results into the
reporting software at the time of inspection. The inspector
has the option to attach external reports, pictures, or
documents to the inspection.
Inspection reports provide information about whether
they failed, passed, or need re-inspection. Residential and
commercial inspections are also tracked and compiled
into a monthly report available to the City.
Assurance of Time Frame, Quality Metrics, and
Consistency
As mentioned above, MNSPECT utilizes a routing software
to ensure inspections are conducted efficiently and within
the allotted time allowed. Inspection checklists and
building guides are accessible from the inspector’s iPads
to assist with customers in the field. Electronic versions of
the code books are available on the iPad.
Inspectors review the permit package to verify the on-site
condition is consistent with the appropriate records for
square footage, setbacks, heights, and other requirements
that may be applicable. Inspectors comply with City
procedures for permitting, document requirements, and
reporting. MNSPECT Inspectors will make appropriate
entries into permit documents and follow City procedures
prior to finalizing a building permit.
MNSPECT verifies that all inspection records, including
daily records of what was inspected, are entered into the
City’s computer system. Our team works hard to minimize
delays to builders and provide helpful advice and counsel to
builders, owners, engineers and architects to enhance the
orderly flow of the construction process, yet maintaining
an effective level of enforcement. Inspectors ensure
construction changes are documented and approved by
appropriate City staff.
To ensure quality, MNSPECT employs a Quality Assurance
Program (QAP) where our Building Officials and Operations
Managers perform random quality inspection evaluations
of our staff throughout the year. They also complete a
ride-along with staff as a mentoring and training exercise.
Additionally, MNSPECT conducts an annual training day,
which includes all personnel. Consistency is forged
through our QAP, thorough training, as well as constant
communication between all our operational teams.
Time-sensitive or Short Notice Requests
MNSPECT is equipped with an Emergency/Catastrophy
Response Team that can be accessed 24/7 by calling
our office phone and selecting the Inspection Emergency
option.
Personnel and Professional Development
MNSPECT invests heavily in the training, certification,
and licensure of our personnel. Our recruiting and training
program ensures that we hire highly qualified, experienced,
and capable personnel that develop as they progress
through their careers with us. SAFEbuilt currently has over
1,200 personnel employed.
We believe that ongoing staff training is imperative for
the accuracy and reliability of all of the services we offer.
Every MNSPECT service provider completes the relevant
State and/or ICC training and certification, which we
require when qualifying and hiring our talented staff. With
continuing education, our team remains on the cutting
edge of best practices.
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CITY MEETINGS
MNSPECT commits to attending two City meetings per year as requested by Council at no additional cost. If MNSPECT
wishes to attend a Council meeting without the request from Council this will be done at no cost to the City.
MNSPECT commits to attend all meetings with property owners or developers regarding current or pending applications.
Those meetings are at no cost to the property owner or developer.
COMMUNITY IMPROVEMENT SERVICES
MNSPECT’s Community Improvement Services Program consists of two separate services: “Code Enforcement”
and “Rental Housing Inspections.” The primary focus of Community Improvement Services is to achieve compliance
through effective customer service at minimum cost. Our employees understand the importance of coordination with
your residents, staff, and other departments. As a result, we exercise an appropriate level of professional judgment in
resolving issues. We take an educational, proactive, and non-confrontational approach.
Code Enforcement Services
An effective Code Enforcement Program improves property values and enhances the presentation to visitors and
business prospects. MNSPECT’s Code Enforcement team approaches compliance relying on education, two-way
dialogue, and collaboration to achieve a higher percentage of code compliance than that of a heavy-handed approach.
Our Code Enforcement Program is customizable, so our Code Officers follow the direction of Watertown’s City Council
and staff on how you would like the program to look. We believe that a consistent Code Enforcement Program makes
each community we partner with a better and safer place to live, work and play. The following are some of the duties
we achieve in our Code Enforcement Program:
9 Proactively work with the City and its citizens to maintain a safe and desirable community
9 Respond to and investigate code violations – typically within 48 hours
9 Post violation notices and provide initial citizen notifications and follow-up inspections
9 Provide written reports that include digital photos of violations and action taken
9 Prepare cases for court appearances, provide presentations and attend meetings as needed
9 Participate in educational activities and customer service surveys related to code enforcement
9 Provide statistical, narrative information and detailed reports within agreed upon frequencies
Rental Inspections
Many communities across the country have rental inspection ordinances or requirements designed to meet housing quality
standards and help protect tenants from harm. As permitted and approved, we personalize Rental Inspection programs to help
communities identify and address potential safety hazards using the International Property Maintenance Code and applicable
local ordinances and housing quality standards as our guides.
3 Working with each jurisdiction on an appropriate communication strategy, homeowners and landlords are notified and
educated about the program. The notification may include a pre-inspection check list. A registration process begins which
includes a fee.
3 Registered rental housing owners are notified that MNSPECT will be handling the inspection process on behalf of the
community.
3 On a pre-determined schedule our inspector will schedule a review of the property and conduct an inspection using the
International Property Maintenance Code or adopted local ordinances.
3 After the inspection, a report is provided to the owner with specific instructions about any needed repairs that may be
required. The report also indicates a reasonable timeline for the repairs to be completed.
3 If repairs are needed, a follow-up inspection is scheduled and performed.
3 Upon approval, the owner receives a certificate of compliance that the inspection was passed.
Our experience has shown that our Rental Inspection program offers many benefits to the community such as:
Î Safety of the tenants.
Î Improved neighborhoods, hence decreased blight.
Î Provides rental database and insight into rental density
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BASIS FOR COMPENSATION
Percentage of Fee Compensation
50% of the following fees:
•Building Permit fee ($50.00 Minimum)
•Special Investigation fee ($50.00 Minimum)
60% of the following fees:
•Plumbing Permit fee
•Mechanical Permit fee
*Plan reviews are required on all commercial
and residential projects, with the exception of the
following residential projects (as defined in the
Minnesota Residential Code): residential roof covering
replacements, exterior siding replacement, like-for-
like window and exterior door replacements, plumbing
work and mechanical work.
100% of the following fees:
•Building, Plumbing and Mechanical Permit Plan
Review fee
•Re-inspection fee
•License look-up fee
•Lead look-up fee
•Site inspection fee
•Moved and pre-moved building fees
•Manufactured home fees
•Copies
•Inspections outside of normal business hours
•Hourly fees
The following hourly rates apply when work is
requested for Municipal code enforcement or
special projects:
Printing of Plan Sets
If the is willing to provide the 8 1/2x11 and 11x17
color copies of plans for issuance this will reduce plan
review turnaround time by up to 2 days.
For new home construction, one full-size set of plans
for the job site will be provided at no additional cost.
The following print fees apply for duplicate plan sheets
and electronic to print conversion sets (printed in
color), when requested by applicants:
•8 1/2 x 11 1.00/page
•8 1/2 x 14 1.00/page
•11 x 17 2.00/page
•Large plans 4.00/page
Billing: MNSPECT utilizes a monthly billing cycle to
obtain compensation for monthly services rendered.
Monthly compensation for provided services is based
on that month’s processed permit applications, hourly
services provided, and printing fees.
Inspector will submit logs with any such statements for
services rendered under this section. Hourly fees are
not normally charged unless services are requested
by City Staff.
Generally, our invoices are due within 30 days of
submission of a bill. We are open to discussing other
billing methods as the client may request.
Designated Building Official $150.00 per Hour
State Delegation Projects $150.00 per Hour
Inspection / Plan Review Staff $95.00 per Hour
Work outside the scope $95.00 per Hour
Office / Support Staff $75.00 per Hour
Code Enforcement / Nuisance
Abatement
$85.00 per Hour
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APPLICANT AUTHORITY
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WHY CHOOSE MNSPECT?
•The integrity of MNSPECT General Manager Scott Qualle, his expert staff, and the company-wide commitment
to seamless consistency.
•We believe in education about, and enforcement of, the Code, the whole Code, and nothing more than the Code;
that no Code Official should ever require anything beyond the minimum requirements of the Code, nor accept
anything less.
•Our values include a commitment to doing things right. That includes a sensitivity to the concept of “time is
money,” so inspections are scheduled same or next day, whenever possible. Our thorough and comprehensive
plan reviews save time and money during the construction process by identifying deficiencies while the project
is still on paper, not after the concrete has been poured or materials have been installed. We operate as an
extension of the municipality and share your concern for cost containment.
•MNSPECT believes in Comprehensive Plan Review. We utilize a detailed checklist to mark up plans. Our
knowledgeable code reviewers work with property owners, designers, builders, and contractors to fully
communicate any changes. A thorough plan review streamlines the process, saving time and money throughout
construction.
•MNSPECT utilizes technology. At the cutting edge of technology, MNSPECT prides itself in its capability of
providing Comprehensive Plan Review to clientele that are at a distance by utilizing computers and high-
resolution 4K monitors to perform plan review electronically, and cloud-based file storage for safe and simple
access. In addition, MNSPECT utilizes SAFEbuilt’s proprietary online community development software tool,
which manages permitting, plan reviews and approvals, and inspection activities. Hundreds of communities
throughout the United States have adopted SAFEbuilt’s CommunityCore Solutions since the first version was
launched fourteen years ago.
•Our vast experience serving jurisdictions of all types and sizes (as designated building official, interim building
official, and back-up inspections and/or code review): Thirty-one in total. We currently serve 14 jurisdictions
with populations over 5,000 and 21 jurisdictions with populations under 5,000. We are adaptable to all sizes.
Cities 29
Townships 4
Sovereign nation 1
County 1
•The professionalism and capabilities of our staff. Five of our staff members have come to MNSPECT from
former designations as building officials. This provides us with unparalleled experience in dealing with an
extensive variety of code scenarios and challenges. In addition, that experience creates an environment that
promotes mentoring and fosters a learning environment.
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LETTERS OF RECOMMENDATION
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Meritage Systems CommunityCore: Description of Services
This order form is subject to the terms of service and privacy policy.
Meritage reserves the right to amend the terms of service and privacy policy at any time and without prior notice.
Applications and Services One-Time Set-Up Fee Annual Support
and Licensing Fee
Number of
Users
CommunityCore
Including InspectorConnect iOS mobile
app for building and code inspections
Legacy Data Import: Permitting
Transfer of historical permit data from
legacy system, assumes availability of
readable data file or CSV
GIS Integration: Permitting
Contractor & Business Licensing
CommunityConnect
Online Permitting
Anywhere, anytime access for
contractors to apply for permits, pay
fees, check status, request
inspections and upload plans
Includes Setup of
CommunityCore
Preferred Merchant
Account for Credit Card
Processing
Online Payments
System Training
Total:
EXHIBIT B -TERMS & CONDITIONS
SA 15_0206 1
NA
NA
Included
#2015 1001 05 CO r1
Non-Preferred Merchant Account:
additional fee if Meritage Systems is
not a preferred provider
CommunityCore Permit Management Features:PAYMENT SHALL BE PURSUANT TO SECTION 5
•Permitting and Inspection Management
•Address Import Setup
•Inspections (including mobile access & when available, InspecotrConnect app for iOS tablets)
•Contractor and Business Registration
•Plan Review Tracking and simple Planning/Zoning permits and workflow
•Reporting and Data Import/Export
•Complete configuration of permit type, terminology, fee structures, documents and user roles and permissions
•Permit Documents: Standard set of Permits, CO, TCO configured with your jurisdiction logo and information
•Customs Documents: Available for an additional charge
•Reports: Library of standard reports
•Custom Reports: Available for an additional charge
•Online Training for startup and post startup, ongoing and customer support
•Personalized support, including configuration updates
•Automatic updates of new features
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These Service Terms of Use (“Agreement”) constitute a contract between Meritage Systems, Inc., with offices at 3755 Precision
Drive, Suite 140, Loveland, CO 80538 (“Meritage”), and you (“Customer”). This Agreement includes and incorporates the Order
Form with which Customer purchased the Services and any subsequent Order Forms (submitted in written or electronic form),
our Privacy Policy and our Copyright Policy. By accessing or using the Services, you agree to be bound by this Agreement. If you
are entering into this Agreement on behalf of a company, organization or other entity, you represent that you have such
authority to bind such entity and are agreeing to this Agreement on behalf of such entity. If you do not have such authority to
enter into this Agreement or do not agree with these terms and conditions, you may not use the Services. Meritage reserves
the right to revise this Agreement from time to time, at our sole discretion. By accessing or using the Services after such
revisions, you agree to be bound by the revised Agreement.
1. Definitions. For purposes of this Agreement the following terms have the following meanings:
a. “Account” means an account allowing access to the Services created in Customer’s name.
b. “Fees” means the fees for the Services.
c. “Confidential Information" means (a) all nonpublic information disclosed or made available under this Agreement that
relates to the provision or receipt of the Services or either party's financial condition, operations or business, and which
is clearly identified as confidential at the time of disclosure, (b) the Technology, (c) the Documentation, (d) the Customer
Information that is not publicly available, and (e) the User IDs.
d. “Customer Information” means all data, information or other content entered by or collected from Customer or any
User that is entered into the Services by Customer or any User while accessing the Services. Customer Information
includes any third‐party information collected by Customer or any User and entered into the Services.
e. “Documentation” means the online help files and instruction manuals (whether in print or electronic form) that relate
to the use of the Services that have been provided or made available by Meritage to Customer.
f. “Go‐Live Date” means the date on which the Services, hosted on a Production Server, become active.
g. “Intellectual Property Rights” means any and all intellectual property rights throughout the world, including, without
limitation, any and all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights,
contract rights and any and all other legal rights protecting intangible proprietary information.
h. “Order Form” means the form executed by the parties that describes the Services and any setup fees associated with
the Services.
i. “On‐boarding” means the Set‐Up and the Training, as specified in the Order Form.
j. “Production Server” means the server on which the Services will be hosted.
k. “Start of Service Date” is the date of commencement of operation of the services by Customer or 120 days following
the Effective Date, whichever is first.
l. “Services” means the publicly‐available, online building department services provided by Meritage through its
CommunityCore application, which can be accessed through the web site located at www.app.communitycore.com and
such other sites as may be designated by Meritage (each, the “Site” or collectively, the “Sites”).
m. “Set‐Up” means defining workflows and permit types, entering fee schedules and setting up Users. The purpose of Set‐
Up is to configure the Production Server on which the Services for Customer will be hosted.
n. “Set‐Up Fees” means the fees for Set‐Up specified in the Order Form.
o. “Subscription Fees” means the annual subscription fee specified in the Order Form.
p. “Technology” means the software, hardware and other technology used by or on behalf of Meritage to provide the
Services, and all data, information and other content included on or accessible through the Services, except for any
Customer Information.
q. “Training” means the services intended to familiarize Users on the use of the Services, as described in Section 4, and to
verify configuration of the Production Server.
r. “User ID” means each unique User identification name and password used for access to and use of the Services through
the Account.
s. “User” means anyone accessing the Services through Customer’s Account.
2. Customer’s Access To And Use Of The Services.
a. Customer’s Right to Access the Services. Subject to the terms of this Agreement Meritage grants to Customer a limited,
non‐exclusive, non‐transferrable license to access and use the Sites and Services as specified in the Order Form during
the term of this Agreement, solely for Customer’s own internal business purposes. Except as set forth in this Agreement,
Customer is not receiving any right or license to use, or any ownership interest with respect to, the Sites, Services or
any Technology or Intellectual Property related to the Sites or Services. Customer acknowledges that the Services are
hosted by third‐party hosting providers contracted by Meritage. Meritage reserves the right to change hosting provider
from time to time and without notice to Customer.
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b. Certain Restrictions on Customer’s Access. Customer will not, and will not permit any Users or any other party to: a)
download or otherwise obtain a copy of the Technology in any form; (b) reverse engineer or otherwise derive the source
code of the Service, Sites or Technology or otherwise modify, reverse compile, disassemble, or translate the Service,
Sites or Technology or create any derivative works thereof; or (c) use the Service on behalf of any third party or for any
purpose other than as described in this Agreement; (d) sell, lease, license, sublicense, distribute or otherwise transfer
in whole or in part the Service or use it as a service bureau; (e) post, send, process or store infringing, obscene,
threatening, libelous, or otherwise unlawful or tortuous material, including material violating of third party rights; (f)
post, send, process or store material containing software viruses, worms, Trojan horses or other harmful or malicious
computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the
Service or attempt to gain unauthorized access to the Service or related systems or networks; (h) remove, alter or
obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or other indications
of the IP Rights and/or Licensor’s rights and ownership thereof, whether such notice or indications are affixed on,
contained in or otherwise connected to the software or on any copies made in accordance with this Agreement; (i)
remove, alter or obscure any titles, product logo or brand name, trademarks, copyright notices, proprietary notices or
other indications of the intellectual property rights and/or Licensor’s rights and ownership thereof, whether such notice
or indications are affixed on, contained in or otherwise connected to the Service, or Documentation, or on any copies
made in accordance with this Agreement; (j) use, or authorize or permit the use of, the Service except as expressly
permitted herein; (k) use the Service to perform any activity which is or may be, directly or indirectly, unlawful, harmful,
threatening, abusive, harassing, tortuous, or defamatory, nor to perform any activity which breaches the rights of any
third party.
c. Customer’s Use of the Services. (1.a) Accounts/User IDs. Customer will be provided with one or more User IDs to access
the Services through the Account. Your Order Form specifies the number of user IDs and Read‐Only IDs provided by
Meritage to Customer under this agreement (“Subscription Cap”). Each User ID shall be linked to a single User and
Customer agrees to limit usage of a User ID to the individual to which the User ID is assigned. Customer may request to
increase the number of Users and the parties shall establish the terms under which such additional Users will be added.
Customer shall use, and shall ensure that Users use, commercially reasonable efforts to ensure the security and
confidentiality of all User IDs. In the event that the confidentiality of a User ID is or may be compromised, Customer
shall promptly advise Meritage of the potential or actual compromise. Customer shall be responsible for the use of a
User ID by unauthorized users. (1.b) Customer Information. Customer represents and warrants that it has all necessary
intellectual and proprietary rights and licenses in and to any Customer Information to permit (i) it and its Users to enter
Customer Information into the Services and (ii) to permit Meritage to perform the Services. Customer hereby grants to
Meritage a fully paid‐up, non‐exclusive license to use, reproduce and create derivative works of the Customer
Information as reasonably required to perform the Services. (1.c) Necessary Equipment. The Services are provided
through the internet and Users must have an internet connection in order to access the Services. Meritage does not
provide internet connectivity. Customer will be solely responsible, at Customer’s own expense, for acquiring, installing
and maintaining all telecommunication services, hardware, software and other equipment as may be necessary for
Customer and Customer’s Users to connect to, access, and use the Services. Currently, the services may be accessed
through the Chrome browser or the iOS mobile app provided they have been maintained to versions supported during
the three‐year period prior to the date on which access is sought. (1.d) Customer will not use and will not authorize any
User to use any open source software in connection with the Services in any manner that requires, pursuant to the
license applicable to such open source software, that any Meritage Confidential Information or the Services be (A)
disclosed or distributed in source code form, (B) made available free of charge to recipients, or (C) modifiable without
restriction by recipients. (1.e) By using the Services, Customer agrees to be bound by the terms of Meritage’s Copyright
Policy, which terms may be revised by Meritage at its sole discretion. By using the Services after the effective date of
any such revision, Customer expressly agrees to be bound by the terms of the revised Copyright Policy.
d. Meritage will use reasonable commercial efforts to ensure that the Services perform substantially in accordance with
the description of the services found at www.app.communitycore.com. The Services are subject to modification from
time to time at Meritage’s sole discretion, provided the modifications do not materially diminish the functionality of
the Services provided by Meritage.
e. Meritage will use reasonable commercial efforts to make the Services available to Customer and its Users.
Notwithstanding the foregoing, Meritage reserves the right to suspend Customer’s (or any of its Users’) access to the
Services: (i) for scheduled or emergency maintenance, (ii) in the event Customer is in breach of this Agreement,
including failure to pay any amounts due to Meritage, and fails to correct that breach within the applicable cure period;
(iii) in the event that Customer breaches Section 2.2 or Section 7.2 of this Agreement or (iv) as it deems reasonably
necessary to respond to any actual or potential security concerns.
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f. Customer acknowledges that the Services will require the Users and third parties for whom the Services are being
performed by Customer to share with Meritage certain information for the purposes of providing the Services. This
information may include personal information (such as email address, and/or phone number) regarding the Users or
such third parties which Meritage will use for the purposes of providing the Services. Customer is fully responsible for
obtaining the consent of each User and any third party to the use of his/her information by Meritage for purposes of
providing the Services. Such use will be subject to and governed by the terms of Meritage’s Privacy Policy, the current
version of Meritage’s privacy policy is available here. Meritage reserves the right to revise the Privacy Policy at its sole
discretion. By using the Services after the effective date of any such revision, Customer expressly agrees to be bound
by the terms of the revised Privacy Policy.
g. Customer will be fully responsible for Users’ compliance with this Agreement. Any breach of this Agreement by a User
shall be deemed to be a breach by Customer. Customer will promptly advise Meritage in the event that any User or
third party revokes such consent or ceases to be a User. Customer is solely responsible for determining whether the
Services are sufficient for Customer’s purposes.
3. Set‐Up.
a. Set‐Up Services. Subject to the terms of this Agreement Meritage will provide Customer with the Set‐Up services as
described in the Order Form. Except to the extent provided in the Order Form, no such services will be provided.
Customer Responsibilities and Certain Restrictions on Set‐Up. Customer is responsible for providing information in a
timely manner and in an appropriate format to allow Meritage to provide the Set‐Up and for ensuring the Customer
resource(s) assigned to provide support to Meritage in performing the Set‐Up, along with all Users, have adequate
computer skills to perform their tasks. Set up support required beyond the specified Set‐Up shall be arranged upon the
agreement of the parties and will incur an additional fee. Acceptance. The purpose of Set‐Up is to configure the Services
for availability on the Go‐Live Date. During the Training, Customer will have the opportunity to evaluate the Set‐Up and
note any configuration errors. Upon discovery of an error, Customer will notify Meritage of the necessary configuration
changes and Meritage will modify Set‐Up to make the requested changes. Upon completion of Training and prior to the
Go‐Live Date, Customer shall review and accept the Services by executing a form of acceptance provided by Meritage.
Customer acknowledges and accepts that configuration of the Services is limited to the extent accommodated by the
current capabilities and limitations of the Services.
4. Training.
a. Training Services. Subject to the terms of this Agreement, Meritage will provide Customer with the Training services as
described in the Order Form. Except to the extent provided in the Order Form, no such services will be provided.
b. Delivery. All Training will be provided by Meritage using WebEx or an equivalent service agreed by the parties. Meritage
will create a Training site for Customer and its Users to use for Training. In addition to WebEx training, the Training
website will provide access to online documentation and training videos that may be accessed by Customer and its
Users. Customer and its Users may access the Training web site on an unlimited basis through the Go‐Live Date.
Customer acknowledges that the Training website may not be available at all times and that Meritage shall have no
liability as a result of the unavailability of the Training website.
c. Customer Responsibilities and Certain Restrictions. Customer is responsible for providing information in a timely
manner and in an appropriate format to allow Meritage to provide the Training and for ensuring the Customer
resource(s) assigned to provide support to Meritage in performing the Training, along with all Users, have adequate
computer skills to perform their tasks.
d. Verification of Set‐Up. Customer acknowledges that a primary purpose of the Training website is to verify functionality
of the Services prior to the Go‐Live Date. Customer will have the opportunity to evaluate the Set‐Up and note any
configuration errors. Upon discovery of an error, Customer will notify Meritage of the necessary configuration changes
and Meritage will modify Set‐Up to make the requested changes to the Training website.
5. Fees And Payment.
a. . Fees. On the Effective Date, Customer will pay Meritage the Set‐Up Fee as specified in the Order Form for Set‐Up. In
addition, on the Start of Service Date and ending upon the termination of this Agreement, Customer will pay to Meritage
the Subscription Fees as specified in Order Form, plus all applicable sales, use and other purchase related taxes
(Customer shall be responsible for timely providing Meritage with a valid certificate of exemption from the requirement
of paying sales, use or other purchase related taxes). Unpaid Fees are subject to a finance charge of one percent (1.0%)
per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable
attorneys’ fees. In the case of any withholding requirements, Customer will pay any required withholding itself and will
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not reduce the amount paid to Meritage on account thereof. In the event that Customer elects to increase the number
of Users, the parties shall meet to discuss the impact on Set‐Up and Subscription Fees. The Subscription Fees may be
increased on an annual basis, as determined by Meritage, provided that any pricing increase will not exceed seven
percent (7%) of the Subscription Fees per User for the immediately prior Term, unless the pricing was designated in the
applicable Order Form as promotional or one‐time. Meritage will provide 30 days advance notice of any increase in the
Subscription Fees. By using the Services after the increase in the Subscription Fees becomes effective, Customer agrees
to be bound by such new Subscription Fees. FEES AND FEE RATES ARE TO BE CONSIDERED CONFIDENTIAL BY BOTH
PARTIES AND NOT TO BE SHARED WITH ANY THIRD PARTY WITHOUT WRITTEN PERMISSION OR AS REQUIRED BY LAW.
b. Payment. All Set‐Up Fees, Subscription Fees and other fees due under this Agreement (collectively, “Fees”) are payable
in U.S. dollars, unless otherwise specified in writing. Except for the Set‐Up Fee, which shall be paid prior to the
performance of Set‐Up, Customer shall pay all Fees and any other amounts set forth on each such invoice issued by
Meritage under this Agreement within 30 days of the date of invoice. Fees are payable in advance and are non‐
refundable. In the event that Customer disputes the amount of any Fees, it shall so notify Meritage within the 30‐day
payment period. The failure to provide such notice shall be deemed agreement that the Fees are undisputed.
6. Confidentiality.
a. Obligations. Each party acknowledges that by reason of the relationship created between the parties by this Agreement,
it may have access to certain non‐public information of substantial value concerning the other party's business,
operations, strategic plans, customers, suppliers, technology, competition and employees. Accordingly, each party as
the recipient of Confidential Information (the “Receiving Party”) from the other party (the “Disclosing Party”) will not
use any Confidential Information of the Disclosing Party for any purpose other than the providing and receipt of Services
under this Agreement. The parties agree the use of the Confidential Information will be in accordance with all terms
and conditions of this Agreement. The Receiving Party will not disclose the Confidential Information of the Disclosing
Party to any third party except as expressly provided herein and will protect the Disclosing Party’s Confidential
Information from unauthorized use, access or disclosure in the same manner as the Receiving Party protects its own
confidential or proprietary information of a similar nature and with no less than reasonable care. Either party may
disclose the Confidential Information of the other party to the Receiving Party’s employees, subcontractors and advisors
who require access to such information for the performance of their obligations, all provided that the employees,
subcontractors and/or agents have entered into confidentiality agreements with the Receiving Party that are at least
as protective of the Disclosing Party’s Confidential Information as are the terms of this Agreement. The Receiving Party
shall be responsible for any disclosure or use of the Disclosing Party’s Confidential Information by or through any
employee, subcontractor or agent of the Receiving Party. For the avoidance of doubt, Customer acknowledges that
Meritage utilizes the services of certain third parties in connection with the provision of the Services (such as data
hosting) and such third parties will have access to Customer’s Confidential Information, subject to compliance with this
Section 6. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to
the extent that such disclosure is: (i) approved in writing by the Disclosing Party; (ii) necessary for the Receiving Party
to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order
of a court of similar judicial or administrative body, provided that, to the extent permitted by law, the Receiving Party
notifies the Disclosing Party of such required disclosure in writing and cooperates with the Disclosing Party, at the
Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required
disclosure.
b. Termination of Obligations. The Receiving Party’s obligations under this Section 6 with respect to maintaining the
confidentiality of any Confidential Information of the Disclosing Party will terminate if and when the Receiving Party
can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by
the Disclosing Party and is not subject to restrictions on disclosure and/or use; (b) is disclosed to the Receiving Party by
a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no
fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the
Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. The restrictions on use of
the Disclosing Party’s Confidential Information shall remain in effect for five years subsequent to the earlier of the
termination of this Agreement or the date on which the obligation to maintain the Confidentiality of the Disclosing
Party’s Confidential Information terminates.
c. Return of Confidential Information. The Receiving Party will return to the Disclosing Party or destroy all Confidential
Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic
copies of such Confidential Information promptly upon the written request of the Disclosing Party or the termination
of this Agreement, whichever comes first. At the Disclosing Party’s request, the Receiving Party will certify in writing
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that it has fully complied with its obligations under this Section 6.3. For the purposes of this Section 6, Data, as defined
in Section 7 below, shall not be considered Customer’s Confidential Information.
d. . Remedies. Each party acknowledges that any breach of any of its obligations with respect to the other party's
Confidential Information may cause or threaten irreparable harm to such party. Accordingly, each party agrees that in
such event, the aggrieved party shall be entitled to seek equitable relief in any court of competent jurisdiction without
the necessity of posting bond and in addition to such other remedies as may be available to the aggrieved party under
law or in equity.
e. Both Parties will have the right to disclose the existence but not the terms and conditions of this Agreement, provided
that the terms and conditions may be disclosed if such disclosure is approved in writing by both Parties prior to such
disclosure, or is included in a filing required to be made by a Party with a governmental authority (provided such party
will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis to
potential investors or acquirers in Meritage or any entity directly or indirectly controlling the majority voting interest
in Meritage.
7. Ownership.
a. Customer’s Ownership. Customer retains all right, title and interest in and to the Customer Information Customer or its
Users provide to Meritage, other than such information that is subject to disclosure under applicable freedom of
information laws and regulations. During the termination notice period specified in Section 9, Meritage will provide
Customer Information in the form of Meritage native format files containing permit data to Customer within 10 business
days of receipt of a written request for that Customer Information, all at no additional charge.
b. Meritage’s Ownership. Meritage retains all right, title and interest in and to, and all Intellectual Property Rights
embodied in or related to the Sites, Services, Technology, and any other information or technology used or made
available in connection with the Sites or Services, including without limitation any and all improvements, updates, and
modifications thereto, whether or not made in conjunction with this Agreement. Meritage’s name, logo, and the
product and service names associated with the Services are trademarks of Meritage or third parties, and no right or
license is granted to Customer to use them separate from Customer’s right to access the Services. In the event that
Customer or any End User makes any suggestions for the addition of features to, or the improvement of the Services
(“Feedback”), Meritage shall, to the maximum extent permitted by law, own all such Feedback, including any
Intellectual Property Rights therein, and shall have the right to use such Feedback for any purpose without payment or
accounting to Customer or any End User. Customer and/or End User agree to execute any and all materials reasonably
required by Customer to perfect Customer’s ownership in such Feedback and Intellectual Property Rights, all at
Meritage’s expense.
8. Data.
a. Meritage will have the right to collect non‐personally identifiable data and anonymized information resulting from
Customer Information and Customer’s use of the Services ("Customer Data”) for purposes of (i) benchmarking of
Customer’s and others performance relative to that of other groups of customers served by Meritage (for the avoidance
of doubt, Customer Data will be provided to third parties only as part of a larger body of anonymized data); (ii) sales
and marketing of existing and future Meritage services; (iii) monitoring Service performance and making improvements
to the Services and Sites.
b. Backup and Recovery. Meritage shall provide, either directly or through its hosting partner, the following recovery
services: 7.2.1 Hosting infrastructure recovery processes 7.2.2 Application recovery processes 7.2.3 Data backup with
rotation and retention. Backups are done daily, the prior month of daily data is retained, each month is retained for a
year, and each year retained until termination of the agreement.
9. Term and Termination.
a. This Agreement will begin on the Effective Date and will continue in perpetuity until terminated in accordance with the
terms of this Agreement or the applicable Order Form. Upon the expiration of the initial term, if any, specified in the
Order Form, Customer may terminate this Agreement upon not less than 90 days advanced written notice to Meritage.
Except with respect to a failure to timely make any payments required under this Agreement, either party may
terminate this Agreement if the other party breaches this Agreement and does not cure such breach within 60 days
after being provided with written notice thereof, provided that in the case of Customer such time period will be
extended beyond 60 days if Customer is exercising reasonable efforts to cure such breach during such 60‐day period.
With respect to the failure to timely make any payments, Meritage shall have the right to suspend access to the Services
and Sites or, at its option, to terminate this Agreement, in the event that Customer fails to make any required payment
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within five (5) business days after receipt of notice that the payment is past due. Upon any termination of this
Agreement: (a) all rights and licenses granted to Customer in this Agreement will immediately terminate and Customer
shall immediately cease to use the Services and Sites; (b) Meritage will cease performing all Services; (c) all access by
Customer and any Users to the Sites and the Services (including all Customer Information) will be suspended; (d)
Meritage will discontinue all use of the Customer Information; and (e) all Fees and other amounts incurred under this
Agreement prior to such termination or expiration will become immediately due and payable by Customer. Upon the
request of Customer following any termination or expiration, Meritage will transfer all Customer Information collected
by Meritage either directly to Customer or to Customer’s identified third‐party partner. Customer shall compensate
Meritage for the transfer on a time and materials basis at Meritage’s then‐current rates and will reimburse all
reasonable expenses and costs associated with the transfer. Such expenses and costs shall include, without limitation,
travel, consultant costs, hardware expenses, and software costs associated with efforts involved in preparing Customer
Information for transfer as well as any costs incurred as part of the physical transfer of Customer Information. Meritage
will not be required to issue any refunds for any unearned Fees paid in advance. The provisions of Sections 2.2, 2.3
(section 2.3(b) and as necessary to complete the return of Customer Information), 2.6, 2.7, 5, 6, 7, 8, 9, 10, 11 and 12
of this Agreement will survive termination of the Agreement for any reason.
10. Warranties and Disclaimers.
a. Warranties. Each party represents and warrants to the other party that: (a) such party has all requisite corporate or
other applicable power and authority to execute, deliver and perform its obligations under this Agreement; and (b) the
execution, delivery and performance of this Agreement by such party has been duly authorized; and will not conflict
with, result in a breach of, or constitute a default under any other agreement to which such party is a party or by which
such party is bound;.
b. Disclaimers. EXCEPT AS STATED UNDER THIS AGREEMENT, MERITAGE PROVIDES THE SERVICES “AS IS” AND “AS
AVAILABLE” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, TITLE AND NON‐
INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS RELIED ON NO SUCH WARRANTIES IN ENTERING
INTO THIS AGREEMENT. MERITAGE DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM LOSS OR LIABILITY
INCLUDING that ARISING OUT OF ANY THIRD‐PARTY TECHNOLOGY, THIRD PARTY ACTION, SUCH AS UNAUTHORIZED
ACCESS BY ANY THIRD PARTY, OR ANY ACT OR OMISSION OF CUSTOMER. MERITAGE EXPRESSLY DISCLAIMS ANY
WARRANTY OR LIABILITY WITH RESPECT TO COMPLIANCE WITH LAWS, RULES OR REGULATIONS APPLICABLE TO
CUSTOMER, WHICH SHALL BE THE SOLE RESPONSIBILITY OF CUSTOMER. MERITAGE DOES NOT WARRANT THE
ACCURACY, RELIABILITY OR COMPLETENESS OF customer materials or ANY ADVICE, REPORT, DATA OR DELIVERABLES
OBTAINED BY CUSTOMER FROM THE CUSTOMER MATERIALS SUBMITTED TO THE SERVICES, SUCH ADVICE, REPORTS,
DATA OR DELIVERABLES ARE PROVIDED “AS IS” AND MERITAGE SHALL NOT BE LIABLE FOR ANY INACCURACY THEREOF.
MERITAGE SHALL NOT BE RESPONSIBLE OR LIABLE FOR: (A) ANY DAMAGES IF, AND TO THE EXTENT, CAUSED BY
CUSTOMER’S FAILURE TO PERFORM ITS OBLIGATIONS, AS SET FORTH IN THIS AGREEMENT OR AN ORDER FORM; (B)
ANY CORRUPTION, DAMAGE, LOSS OR MIS‐TRANSMISSION OF CUSTOMER MATERIALS, UNLESS SUCH TRANSMISSION
IS THE RESPONSIBILITY OF MERITAGE; OR (C) THE SECURITY OF CUSTOMER MATERIALS DURING TRANSMISSION FROM
CUSTOMER’S FACILITIES TO THE CLOUD PLATFORM. Customer acknowledges that the Services may be subject to
limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Meritage is
not responsible for any delays, failures, or other damage resulting from such problems.
c. Customer represents and warrants that it: (A) owns or has the right to use all Customer Information and to submit and
store such Customer Information on the Site and the infrastructure supporting the Site and Services; and (B) has all
necessary licenses and permissions for usage of any third‐party software or other information or material supplied or
provided by Customer to Meritage in an Order Form or otherwise used in connection with the Services. Customer
hereby grants to Meritage the right to use all Customer Information, including any third‐party software solely for the
purposes of this Agreement, including any Order Form, and the performance of Meritage’s obligations hereunder and
any Order Form.
11. Certain Liabilities, Limitation of Liability.
a. Customer will, at Customer’s own expense, indemnify, defend, hold harmless against, and pay all costs, damages and
expenses (including reasonable attorneys’ fees) awarded against or incurred by Meritage based on, any claims,
allegations or lawsuits that may be made or filed against Meritage by any person to the extent arising from or relating
to any breach by Customer of any representation and warranty under this Agreement; or (b) alleging that use by
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Meritage in accordance with this Agreement of Customer Information, Customer Data or Customer Confidential
Information infringes or misappropriates the Intellectual Property Rights of, or has caused harm or damage to, a third
party.
b. Limitation of Liability. EXCEPT TO THE EXTENT ARISING FROM A BREACH OF CONFIDENTIALITY OR OF SECTIONS 2.2 OR
7, OR AS ARISING UNDER OBLIGATIONS OF INDEMNIFICATION, IN NO EVENT WILL EITHER PARTY, INCLUDING ITS
VENDORS, HOSTING SERVICE PROVIDERS, OR ITS LICENSORS, BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING ACTIVE
AND PASSIVE NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE
SITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT ARISING FROM A
BREACH OF CONFIDENTIALITY OR OF SECTIONS 2.2 OR 7, OR AS ARISING UNDER OBLIGATIONS OF INDEMNIFICATION
OR CUSTOMER’S OBLIGATION TO MAKE PAYMENTS, EACH PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION
WITH THIS AGREEMENT, THE SITES OR THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT
EXCEED THE FEES PAID TO MERITAGE HEREUNDER AS OF THE DATE OF THE ACT OR OMISSION GIVING RISE TO THE
LIABILITY. EACH PARTY ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS
AGREEMENT AND THAT NEITHER PARTY WOULD ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS
LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT
PERMITTED, EACH PARTY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. General Provisions.
a. Notwithstanding anything else, Customer may not provide to any person an export or re‐export or allow the export or
re‐export of the Services or any software or anything related thereto or any direct product thereof, in violation of any
restrictions, laws or regulations of the United States Department of Commerce, the United States Department of
Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.
b. This Agreement will be binding upon the parties to this Agreement and their permitted successors and assigns. Neither
party may assign, delegate or transfer this Agreement or any of its rights or obligations (in whole or in part) under this
Agreement (whether by operation of law or otherwise) to any third party without the other party’s prior written
consent. Notwithstanding the foregoing, either party may assign this agreement to any successor in interest to such
party’s stock, assets or business, whether by way of sale, merger, reorganization or other form of transaction, provided
that such party provides the other party with notice of such assignment and that the successor in interest agreed in
advance to assume all right, obligations, liabilities, and responsibilities of the assigning party under this Agreement. Any
assignment or transfer in violation of the foregoing shall be null and void.
c. Nothing in this Agreement confers or is intended to confer, expressly or by implication, any rights or remedies upon
any person or entity not a party to this Agreement.
d. This Agreement shall be governed by and construed in accordance with the laws of Colorado without regard to conflicts
of law principles. Customer agrees that it will only bring any action or proceeding arising from or relating to this
Agreement in a federal court in the District of Colorado or in state court in Larimer County, Colorado, and Customer
irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any
action or proceeding brought in such courts by Meritage.
e. The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and
neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.
f. Any notice to the other party required or allowed under this Agreement must be delivered in writing by express courier,
personal delivery, or by certified mail, postage pre‐paid to the address for the party listed in the first paragraph of this
Agreement.
g. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will
be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions of this Agreement will continue in full force and effect.
h. Meritage may use Customer’s name as a reference and publicize Customer as a customer of Meritage.
i. Unless otherwise amended as provided herein, this Agreement will exclusively govern Customer’s access to and use of
the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and
supersedes any oral or written proposal, agreement or other communication between the parties, regarding
Customer’s access to and use of the Services and the Sites. This Agreement may be amended or modified only by a
writing signed by both parties.
j. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement
on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 22-044
A RESOLUTION APPROVING A CONTRACT WITH MNSPECT, LLC TO PROVIDE BUILDING
INSPECTION SERVICES
WHEREAS,the City of Saint Anthony Village had a joint powers agreement with the City of New
Brighton Inspection Services for building inspection services; and
WHEREAS, staff was approached by the City of New Brighton requesting to exit said agreement on or
about May 1, 2022 ; and
WHEREAS,City staff sought proposals for building inspection services; and
WHEREAS,MNSPECT, LLC has familiarity with the city and has quoted a lower cost; and
WHEREAS,the City Manager is authorized to sign the Agreement for Building Inspection Services with
MNSPECT, LLC.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Anthony Village
hereby approves an Agreement for Building Inspection Services with the MNSPECT, LLC.
Adopted this 26th day of April, 2022.
_____________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Reviewed for administration:______________________________
Charlie Yunker, City Manager
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Date Type Staff Present
May 10 Work
Session MN Fence Consortium
City Council
City Manager
May 10 Regular
Planning Commission items from April
Insurance Renewal
Tort Limits - Consent
Approve sale of bonds
Finance Annual Report
City Council
City Manager
City Engineer
May 24 Regular Salo Park Concert Series
Chamber of the Year and Business of the Year
City Council
City Manager
June 14 Work
Session
Estimated Levy Scenarios
Stormwater projects plan
City Council
City Manager
June 14 Regular Planning Commission Items from May
Approval of 2023 debt levy-public hearing
City Council
City Manager
June 28 Regular Audit Presentation City Council
City Manager
July 12 Work
Session Code Amendments
City Council
City Manager
July 12 Regular
Planning Commission items from June
Quarterly Donations & Grants
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 Staff proposed 2023 Budget and Levy Presentation
City Council
City Manager
August 9
Regular Planning Commission items from July City Council
City Manager
August 23 Regular 2023 Budget & Levy Presentation
City Council
City Manager
Finance Director
FUTURE COUNCIL AGENDA ITEMS
2022
141
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
September 13 Work
Session Community Survey Results
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
City Council
City Manager
Fire Dept
October 11 Work
Session 2023 Long term capital budget plans
City Council
City Manager
Finance Director
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 Regular
8 PM
Planning Commission items from October
Authorizing polling places for 2023
1st Reading Water, Sewer, & Stormwater-Public Hearing
Hennepin County Recycling Agreement
City Council
City Manager
November 22 Work
Session Planning & Parks Commission Interviews
City Council
City Manager
November 22 Regular
Fire Prevention Poster Winners
2nd Reading and Adoption Water, Sewer, & Stormwater City Council
City Manager
December 13 Work
Session
City Council
City Manager
142
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
December 13 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2023 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2023 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 27 Regular City Council
City Manager
January 10 Work
Session
City Council
City Manager
January 10 Regular
Water Conservation Poster Winners
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January 24 Regular
Public Works Snow Plowing Operations presentation
Outside Orgs-Council
City Council
City Manager
February 14 Work
Session
City Council
City Manager
February 14 Regular
Planning Commission items from January
Public Hearing-2023 Budget Calendar and Process
2023 Planning Commission Work Plan- (motion only)
Administration Annual Report
NYFS Agreement
City Council
City Manager
Finance Director
February 28 Regular
GreenCorp Member application-resolution
Adoption of Strategic Plan
Liquor Annual Report
Liquor License Renewals
City Council
City Manager
Liquor Op Manager
Public Works Director
March 14 Work
Session
City Council
City Manager
March 14 Regular
Planning Commission Items from February
Public Works Annual Report
2023 Parks and Environmental Commission Work Plan- (motion only)
City Council
City Manager
Public Works Director
2023
143
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
March 28 Regular
Police Annual Report
Wyland Water Challenge
City Council
City Manager
Police Dept
April 11 Work
Session
Debt Levy/Updated Street Improvement Plan
Code Amendments
City Council
City Manager
Finance Director
April 11 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Fire Annual Report
Arbor Day Proclamation
Earth Day Proclamation
Quarterly Goals Update
Call for Sale of GO Bonds
City Council
City Manager
Fire Dept
April 25 Regular
2022 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction,
Finance Annual Report
City Council
City Manager
City Engineer
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