HomeMy WebLinkAboutCC PACKET 06102008CITY OF ST. ANTHONY 'VILLAGE
CITY COUNCIL MEETING AGENDA
June 10, 2008
7;00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration Discussion and Possible Action on All of tate followigg itenisr
I. Approval of the June 10, 2008, City Council Meeting Agenda.
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. Viere will be no separate discussion of these items unless a Councilmenaber or citizen
so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of May 27, 2008, Council Meeting Minutes. (pp.1- 6)
B. Licenses and Permits. (p. 7)
C. Claims. (pp. 8 -10)
D. Resolution 08-038; Renewal of Municipal Insurance Coverage and the Waiver of Tort Liability
Limits for the League of Minnesota Cities Insurance program. (pp. 11 -17)
E. Resolution 08-039; Execution of a Joint Cooperation Agreement between the City of St. Anthony
and Hennepin County for Participation in the Urban Hennepin County Community Development
Block Grant Program in FY 2009 - 2011. (pp. 18 - 32)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 08-040; Accepting the Bid for the Water Re -Use Project. Todd Hubmer, WSB &
Associates, presenting. (pp. 33 - 43)
B. Resolution 08-041; Ordering Feasibility Report for the 2009 Street Reconstruction Project. Todd
Hubmer, WSB & Associates, presenting. (pp. 44 - 47)
C. Ordinance 08-006; Amending Section 580 Fireworks Dealers. (pp. 48 - 49)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name
and address on the forfn at the podium, state their name and address for the CIerk'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 fidure report or direct the matter to be
scheduled on an upcoming agenda.
UC. Information and Announcements.
X. Adjournment.
OnrMission is to be a progressive and livable contntttnitji, a walkable village, which is safe and secure.
ZACouncil Meetings12008106102008\agendapgtl.doc
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
May 27, 2008
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councihnembers Gray, Roth, Stille, and Thuesen
Absent: None
Also Present: City Manager Mike Mornson
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALI,, OF THE FOLLOWING
ITEMS.
I. APPROVAL OF MAY 27, 2008 CITY COUNCIL MEETING AGENDA.
Motion by Couneihnember Gray, seconded by Councilmember Thuesen, to approve the City
Council Meeting Agenda of May 27, 2008.
Motion carried unanimously.
II. PROCLAMATIONS AND RECOGNITIONS.
None.
IH. CONSENT AGENDA.
A. Consider Mak 13, 2008 Council meeting minutes.
B. Consider licenses and permits.
C. Consider payment of claims.
Mayor Faust requested the following correction on the May 13, 2008 Council meeting minutes:
Page 6, 5"' paragraph, 2"
Fsentence to read... which is what they did with single sort recycle
hauling as well so they could...
Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent
Agenda items, as amended.
Motion carried unanimously.
1
City Council Regular Meeting Minutes
May 27, 2008
Page 2
IV. PUBLIC HEARING.
None.
V. REPORTS hROM COMMISSION AND STAFF.
None.
9 VI. GENERAL BUSINESS OF COUNCIL.
10
11 A. Consider Resolution 08-036: Amending the City's Street Assessment Policy to Allow for
12 the Assessment of Residential Parcels on Municipal Street Aid Routes at a Level Not to
13 Exceed the Cost to Construct Local Interior Streets and Other Minor Amendments
14
15 Todd Hubmer, City Engineer, reviewed the resolution with the Council and requested the City
16 Council give consideration to amending the City's street assessment policy to allow for the
17 assessment of residential parcels of Municipal State Aid routes at a level not to exceed the cost to
18 construct local interior streets.
19
20 Councilmember Roth asked with the new state gas tax, did they anticipate the State Aid going up
21 as more money was accumulated through the gas tax. Mr. Hubmer responded the State Aid
22 would go up, but as more communities joined the program, the funding would be divided among
23 those communities also.
24
25 Councilmember Roth asked on the other State aid roads, would the roads also be built to the 7-
26 ton, 32 -foot wide roadways. Mr. Hubmer responded the other State aid roads would be built to
27 those standards.
28
29 Councilmember Roth asked if this was the only road that would be built at 42 -feet wide. Mr.
30 Hubmer responded 29`x` Avenue was 42 feet wide and Silver Lane might be very close to it also.
31 He noted the reason for the wider road at this location was due to the large industrial usage of the
32 road. He indicated the commercial was assessed at 50 percent and the actual construction of the
33 road as well.
34
35 Councilmember Stille asked how much it would cost to repair a water main break. Mr. Hubmer
36 responded it would cost between $4,000 to $12,000 thousand dollars per break.
37
38 Mayor Faust stated it appeared to him that this was an issue of fairness.
39
40 Councilmember Roth asked if the assessment would be on a 32 -foot wide road for residential
41 and the commercial was going to be assessed at the 42 feet wide. Mr. Hubmer responded that
42 was correct.
43
44 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve Resolution
45 08-036; A Resolution Amending the City's Street Assessment Policy to Allow for the
W
City Council Regular Meeting Minutes
May 27, 2008
Page 3
Assessment of Residential Parcels on Municipal Street Aid Routes at a Level Not to Exceed the
Cost to Construct Local Interior Streets and Other Minor Amendments.
Motion carried unanimously.
B. City Engineer Update.
8 Todd Hubmer, City Engineer, stated the 2007 street reconstruction project has been completed
9 with some punch list items remaining.
10
11 Mr. Hubmer advised that the Silver Lake Road reconstruction has begun and they were currently
12 working on the utilities.
13
14 Mr. Hubmcr stated the backwash water reuse facility was out for bid.
15
16 Mr. Hubmer explained they were currently working on the Capital Improvement Plan.
17
18 C. Consider Ordinance 08-005; Chanter 9 — Parking During.Snow Removal (Final Reading,
19
20 City Manager Morrison reviewed the resolution with the Council and stated this was the third
21 and final reading. He noted it results in a change to the City ordinance on parking during snow
22 removal to make it less restrictive. He reviewed the Ordinance.
23
24 Councilmember Gray asked if there had been any additional concerns added. City Manager
25 Morrison responded he had received one additional complaint, so there were a total of four
26 complaints received.
27
28 Motion by Councilmember Roth, seconded by Councilmember Gray, to approval Final Reading
29 and adopt Ordinance 08-005; Chapter 9 — Parking During Snow Removal.
30
31 Councilmember Stille stated he was voting against this because he believed it would be difficult
32 to change back after the sunset expired. He noted it was not broken and he did not believe it
33 needed to be fixed.
34
35 Ayes — 4, Nay —1 (Stille). Motion carried.
36
37 D. Consider Resolution 08-037; Proposal for Facility Assessment Services from Sebesta
38 Blomberg and Associates, Inc. with the funding source for this project being HRA
39 Projects Fund #31.
40
41 City Manager Morison reviewed the resolution with the Council and indicated that Sebesta
42 Blomberg & Associates will provide a building assessment for the City on the Community
43 Center Building. Any items that require competitive bidding, a specification sheet would be
44 developed by Sebesta Blomberg much like a specification sheet for a road project that WSB
45 completes for the City.
46
3
City Council Regular Meeting Minutes
May 27, 2008
Page 4
Councilmember Roth stated on page 37, he questioned the $12,800. he asked if this was hourly,
how much work was this, and how did they know when they were approaching the $12,800.
City Manager Mornson responded the $12,800 was a not to exceed number and they cannot go
over unless they had approval. He indicated this should cover the assessment for this building.
Councilmember Stille asked if the assessment would cover when items needed to be replaced or
repaired. City Manager Mornson responded it would include this.
9 Councilmember Thuesen asked what was the experience of Sebesta Blomberg & Associates and
10 have they checked their references City Manager Mornson responded the City has had previous
11 experience with this company and had an excellent experience. He noted all references were
12 checks and came back favorably.
13
14 Mayor Faust asked if they would be coming back with actual testing information on repairs, or
15 expected life expectancy. City Manager Mornson responded he was not sure if they would do
16 actual testing, or if they would come back with an expected life expectancy.
17
18 Mayor Faust stated they were only looking at this building and the last time they did this, they
19 also looked at other buildings that were in need and he believed they should look at the other
20 areas also. He stated he would like to see this expanded to the Public Works, Fire Station, and
21 liquor stores. He believed they might want to table this for tuture discussion.
22
23 Councilmember Gray agreed with Mayor Faust and he believed all of the buildings needed to be
24 part of a comprehensive facilities maintenance plan. He stated they needed to look ahead to
25 determine when they would be spending funds for maintenance costs.
26
27 Councilmember Thuesen agreed to the tabling and wanted to see more information on an energy
28 component also.
29
30 Councilmember Roth stated he did not want to table this as it would just delay the project. He
31 believed the items on the Johnson Control were minor as far as the overall project was
32 concerned. He asked Council to reconsider. He stated the Johnson Control was done over a year
33 ago and nothing had been done. ITe believed the HVAC system was in need of updating and
34 there were some things that could be done to make the building more comfortable. He noted if
35 they liked the work they did, then they could be put on the other projects.
36
37 Councilmember Stille stated he believed they could wait to incorporate the other buildings and
38 delaying this for a short period of time would not make that much of a difference.
39
40 Councilmember Thuesen stated they had one chance to do this right and he did not see the rush
41 to push this through when this had been put on hold for years. He stated it needed to be
42 addresses, but he did not want to push the project forward just to meet a deadline. He did not
43 want this to be fast tracked.
44
45 Mayor Faust stated he believed they could come back within a month with the information they
46 wanted. He stated they needed to take a look at some of these other issues and he did not want to
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City Council Regular Meeting Minutes
May 27, 2008
Page 5
see them miss this opportunity. He stated they really needed to look at all of the buildings and
get funds in reserve so they had a way of replacing things as needed. He encouraged the Council
to table this item. He stated this was not a reflection on staff and they did what they thought
Council wanted.
Councilmember Roth stated currently they were going to spend $12,800 and he was not sure they
wanted to spend more money on things that they know need to be replaced anyway. He believed
this was a waste of money and they had the information from the Johnson Control package. He
did not believe this should be tabled.
Councilmember Stille stated he would like to see one final report that gave a list of everything
they needed to be prepared for.
Councilmember Thuesen stated staff needed to look back at some of the concerns previously
expressed with the Johnson Control report, so those concerns were addressed with this report.
City Manager Morrison stated Johnson Control was a performance base project where they were
in control. He noted this was a competitive bidding process and this was the main difference of
this proposal. He clarified efficiency and effectiveness would be looked at under objective
number 2 and this would be a part of the proposal.
Councilmember Thucsen stated he would like to see all of the buildings looked at. He noted they
were not indebted to doing any or all of this project, but it made sense to do it right the first time.
Motion by Councilmember Gray, seconded by Councilmember Stille, to table consideration of
Resolution 08-037; a Resolution Approving Proposal for Facility Assessment Services from
Sebesta Blomberg and Associates, Inc. with the funding source for this project being HRA
Projects Fund #319 for a more inclusive proposal including all of the buildings that Johnson
Control looked at.
Ayes — 4, Nays —1 (Roth). Motion carried.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Morrison stated they were creating a task force to look at garbage hauling options
and members had until June 13 to submit a letter.
City Manager Morrison stated an audit presentation would be presented on June 24.
City Manager Morrison stated with respect to Emerald Park they were in the process of working
with a consultant and a financial consultant and the plan was originally going to be presented on
June 24, but it might be delayed until August 12 due to legislative levy limits.
City Manager Morrison stated there would be benches available for adoption. He stated they
needed property owners who wanted the benches put on their property for no cost. He indicated
the City would also maintain the bench.
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City Council Regular Meeting Minutes
May 27, 2008
Page 6
Councibnember Stifle stated on May 18 he attended the Sister City Committee meeting. He
noted there would be four visitors to the City from Finland in the first week on June. He
reviewed the itinerary for their visit.
Councilmember Thuesen stated on May 14 he attended Project Citizen at the State Capital. He
reviewed what Project Citizen was. He noted on May 15 he attended with the Mayor a Three
Rivers Park District groundbreaking at Silverwood Park.
Mayor Faust stated on May 14 he attended a League of Minnesota's meeting. He noted lie had
attended the groundbreaking at Silverwood Park and read a recognition letter received from the
Three Rivers Park District.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMEN'T'S.
Mayor Faust stated on May 24 the Historical Society planted a tree in St. Anthony Township
Cemetery for the 150`" birthday of St. Anthony Township.
Mayor Faust stated he had received a report from the Metropolitan Council noting the City now
had a population of 8,500.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:06 p.m.
Respectfully submitted,
Kathy Altman
TbtaeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
Motion carried unanimously.
C
Saint Anthony Village
DATE: June 10, 2008 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
PPEM: License and Permits for Approval:
General Contractors License:
Stahl Construction, St Louis Park, MN
Heating & An, Conditionine License:
Centraire Heating & Air Conditioning, Eden Prairie, MN
Fireworks License:
Applicant:
Cub Foods
Location:
3930 Silver Lake Rd
Applicant:
Wal-Mart #3404
Location:
3800 Silver Lake Rd
U.S. BANK ST. ANTHONY VILLAGE 8
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
8695 TWIN CITIES TRANSPORT
6558
5/22/2008
$50.00
9055 FREEWAY TOWING
6560
5/29/2008
$90.53
20 AA BATTERY CO
6562
6/11/2008
$105.26
4779 ALCORN BEVERAGE CO, INC
6563
6/11/2008
$180.90
8621 ALLIANCE MECHANICAL
6564
6/11/2008
$150.00
4014 ALLIED PAPER CO.
6565
6/11/2008
$128.50
5216 ANOKA TECHNICAL INSTITUT
6566
6/11/2008
$138.00
8794 ARCTIC GLACIER INC.
6567
6/11/2008
$698.44
3714 B & F FASTENER SUPPLY
6568
6/11/2008
$13.31
4293 BELLBOY CORP.
6569
6/11/2008
$5,127.93
7253 BRAKE & EQUIPMENT WAREHO
6570
6/11/2008
$29.27
4231 CAPITOL BEVERAGE SALES
6571
6/11/2008
$24,985.05
8652 CARTRIDGE CARE
6572
6/11/2008
$201.29
610 CATCO
6573
6/11/2008
$9.15
9362 CENTRAL WOOD PRODUCTS
6574
6/11/2008
$3,710.46
9447 CENTURY COLLEGE BOOKSTOR
6575
6/11/2008
$32.85
4080 CHISAGO LAKES DIST. CO.,
6576
6/11/2008
$7,551.99
9209 CLOSE LANDSCAPE ARCHITEC
6577
6/11/2008
$1,084.60
.0168 CLUBB/PHILLIP
6578
6/11/2008
$50.00
4095 COCA COLA BOTTLING COMPA
6579
6/11/2008
$1,343.60
4107 COMPTON'S COMMERCIAL CLN
6580
6/11/2008
$3,935.18
9600 CONCRETE SLAB LIFTING
6581
6/11/2008
$2,100.00
7178 D -ROCK CENTER & SMALL EN
6582
6/11/2008
$102.24
8557 DAILEY DATA & ASSOCIATES
6583
6/11/2008
$31.25
9315 DANG/PHUONGMAI
6584
6/11/2008
$43.28
4127 DANIMAL DISTRIBUTING INC
6585
6/11/2008
$288.00
8834 DEMPSEY'S STUMP SERVICE
6586
6/11/2008
$85.00
4110 DICKSON ELECTRIC
6587
6/11/2008
$21,450.00
8437 DIRECTV INC
6588
6/11/2008
$29.77
.0169 DOBRZYNSKI/ROBERT E.
6589
6/11/2008
$15.00
4135 ELECTRO WATCHMAN INC
6590
6/11/2008
$147.18
8153 FILTERFRESH
6591
6/11/2008
$73.04
8647 FRATTALLONE'S HARDWARE
6592
6/11/2008
$74.05
1030 G & K SERVICES INC
6593
6/11/2008
$626.14
1180 GOODIN COMPANY
6594
6/11/2008
$34.74
1250 GRAINGER
6595
6/11/2008
$148.81
4172 GRAPE BEGINNINGS, INC.
6596
6/11/2008
$569.00
4175 GRIGGS COOPER & CO INC
6597
6/11/2008
$6,834.86
9169 HARBOR FREIGHT TOOLS
6598
6/11/2008
$31.94
1420 HAWKINS, INC
6599
6/11/2008
$1,135.56
8221 HEDBACK, ARENDT, KOHL
6600
6/11/2008
$5,000.00
4207 HOHENSTEIN'S, INC
6601
6/11/2008
$7,469.75
8252 HOME DEPOT CREDIT SERVIC
6602
6/11/2008
$28.35
7358 J.R.'S ADVANCED RECYCLER
6603
6/11/2008
$545.00
9583 JESSE PALCZEWSKI GRAPHIC
6604
6/11/2008
$75.00
4125 JJ TAYLOR DISTRIBUTING
6605
6/11/2008
$36,953.35
8349 JOHN'S SOD
6606
6/11/2008
$134.19
4220 JOHNSON BROTHERS LIQUOR
6607
6/11/2008
$9,344.44
9598 KONICA MINOLTA BUSINESS
6608
6/11/2008
$7,862.90
9601 LESCO, INC.
6609
6/11/2008
$768.63
U.S. BANK ST. ANTHONY VILLAGE 9
CHECK REGISTER
VENDOR # VENDOR #
PAYEE
CHECK #
DATE AMOUNT
9602 LUCKING MACHINE, INC.
6610
6/11/2008
$50.00
9114 M. AMUNDSON LLP
6611
6/11/2008
$2,321.18
4265 MARK VII SALES INC
6612
6/11/2008
$29,672.79
2160 MARSHALL CONCRETE PROD
6613
6/11/2008
$2,917.21
8193 MCFOATREASURER
6614
6/11/2008
$35.00
8263 MCLEOD USA, INC.
6615
6/11/2008
$211.42
2240 METROPOLITAN COUNCIL
6616
6/11/2008
$38,938.92
9459 MIDC ENTERPRISES
6617
6/11/2008
$33.93
8467 MIDWAY FORD
6618
6/11/2008
$35.88
2280 MIDWEST ASPHALT CORP
6619
6/11/2008
$86.11
7308 MIDWEST SPECIALTY SALES
6620
6/11/2008
$44.41
4277 MIDWEST TAPE & RIBBON IN
6621
6/11/2008
$500.00
7340 MINNEAPOLIS FINANCE DEPT
6622
6/11/2008
$3,294.07
8269 MINNESOTA SHREDDING LLC
6623
6/11/2008
$60.00
8808 MN CITY COUNTY MGMT ASSO
6624
6/11/2008
$107.72
9331 MN DEPT OF HEALTH
6625
6/11/2008
$3,646.00
8074 MN POLLUTION CONTROL AGE
6626
6/11/2008
$23.00
9106 MT GLOBAL
6627
6/11/2008
$363.30
9413 MTG
6628
6/11/2008
$677.00
2395 MTI DISTRIBUTING, INC
6629
6/11/2008
$460.73
5232 MURPHY'S SERVICE CENTER
6630
6/11/2008
$50.21
9084 MUZAK LLC
6631
6/11/2008
$55.41
8883 NEW FRANCE WINE COMPANY
6632
6/11/2008
$354.50
9266 NORTHERN WATER WORKS SUP
6633
6/11/2008
$55.39
9523 NORTHSTAR INSPECTION SER
6634
6/11/2008
$4,031.73
9275 PAT KERNS WINE MERCHANTS
6635
6/11/2008
$65.50
4354 PAUSTIS & SONS
6636
6/11/2008
$2,389.01
9563 PETTY CASH - U.S. BANK
6637
6/11/2008
$112.85
4360 PHILLIPS WINE & SPIRITS
6638
6/11/2008
$5,815.18
8499 PIONEER RIM AND WHEEL CO
6639
6/11/2008
$23.17
0.0017 PISANSKY/MICHAEL
6640
6/11/2008
$50.00
9203 POSITIVE ID, INC.
6641
6/11/2008
$113.21
9139 PROPERTY KEY, INC.
6642
6/11/2008
$50.00
4385 QUALITY WINE CO
6643
6/11/2008
$17,380.26
9356 REGIONS INTERSTATE BILLI
6644
6/11/2008
$5.45
8199 SIGNATURE CONCEPTS, INC.
6645
6/11/2008
$229.02
3315 SL-SERCO
6646
6/11/2008
$1,000.00
9259 SPRINT
6647
6/11/2008
$363.92
7072 ST ANTHONY CHAMBER OF CO
6648
6/11/2008
$200.00
4782 ST ANTHONY VILLAGE CENTE
6649
6/11/2008
$1,907.12
9083 ST, ANTHONY RETAIL DEVEL
6650
6/11/2008
$1,648.47
8448 ST. CLOUD STATE UNIVERSI
6651
6/11/2008
$230.00
8872 SUCIU/BARB
6652
6/11/2008
$186.16
4780 SURLY BREWING CO
6653
6/11/2008
$1,178.00
7337 TIMESAVER OFF SITE SECRE
6654
6/11/2008
$169.50
8824 TRI -COUNTY BEVERAGE, INC
6655
6/11/2008
$3,394.60
9410 TRUCK UTILITIES INC
6656
6/11/2008
$21,651.45
9580 TWIN CITIES FLAG SOURCE,
6657
6/11/2008
$194.10
9460 TWIN CITY HYDRO SEEDING,
6658
6/11/2008
$841.62
8903 U.S. BANK
6659
6/11/2008
$250.00
8561 UNITED RENTALS NORTHWEST
6660
6/11/2008
$131.79
U.S. BANK ST. ANTHONY VILLAGE 10
CHECK REGISTER
VENDOR # VENDOR #
PAYEE
CHECK #
DATE AMOUNT
8888 VALPAK OF MINNEAPOLIS -ST
6661
6/11/2008
$740.00
9382 VEOLIA ES VASKO SOLID WA
6662
6/11/2008
$1,546.36
8227 VERIZON WIRELESS
6663
6/11/2008
$954.02
4451 VINOCOPIA
6664
6/11/2008
$1,609.50
8316 WINE COMPANY/THE
6665
6/11/2008
$259.20
8310 WINE MERCHANTS INC
6666
6/11/2008
$2,030.38
4499 WORLD CLASS WINES, INC.
6667
6/11/2008
$282.00
8273 WSB & ASSOCIATES, INC.
6668
6/11/2008
$2,500.00
2680 XCEL ENERGY
6669
6/11/2008
$2,582.27
7325 YOCUM OIL COMPANY, INC.
6670
6/11/2008
$23,794.87
TOTAL
$335,522.67
lei
MEMORANDUM
DATE: May 27, 2008
TO: Mike Morrison, City Manager
FROM: Roger Larson, Finance Director
PI'EM: LEAGUE OF MN CITIES INSURANCE RENEWAL
The attached information includes price quotations for property, auto, general liability, and
workers' compensation. The cost for maintaining our present coverage of $10,000 deductible and
$50,000 aggregate through the League of Minnesota Cities totals $212,592.
The cost for renewal of St. Anthony's insurance coverage remained fairly stable reflecting a 5.1%
increase in total premiums. A review is as follows:
Property: The premiums show an increase of $1,704, mainly because of a slight increase in
properly values, an increase in value of building contents and the related costs associated with
replacement.
General Liability: The premium increase of $5,165 is related to higher expenditures to]-
construction
orconstruction projects, capital improvements, an increase in operating expenditures and an overall
rate increase associated with property damage claims administered by the League.
Liquor- Liability: These premiums are based on annual sales and the League's rating of losses.
Based on the League's overall experience rating of liquor liability claims, the rate the League
charges decreased which resulted in a decrease in premiums of ($461).
Automobile: Premiums decreased ($3,048) due to a reduction in the League's rate they charge for
automobile coverage and the City has experience a limited number of automobile related claims.
Workers Compensation: Overall all LMC member cities experienced an increase in premiums.
Part of the increase is inflationary and is based on the overall cost of the League providing workers
compensation insurance. The other part of the increase is related to the hiring of three new police
officers that were added to the coverage (2 for the 24 hour Lauderdale contract and I St. Anthony
officer).
I3ased on the success of getting employees who are injured on the job into a successful
rehabilitation program, St. Anthony will continue to maintain a Managed Care Provider. This
program provides employees with a coach and assists employees with a specific medical plan to
rehabilitate their injury. This result is a $2,281 reduction (2%) in workers' comp premiums.
As in previous years, no other insurance companies contacted the City or our designated agent,
expressing interest to compete with the League of Minnesota Cities Insurance Trust. It should be
noted that the costs of the premiums are within the amount budgeted in 2008 and the projected
2009 operating budget.
IN
Recommendation:
Staff recommends Council pass Resolution 408-038 approving renewal of insurance coverage
through the League of Minnesota Cities at a cost of 8212,592 and waiving the statutory limits
of tort liability.
Insurance Renewal
2007/08 2008/09
Property $23,223 $ 24,927
Inland Marine $ 491.83 $ 45326
Equipment Breakdown $ 3,347 $ 39561
General/Liability $ 39,749 $ 445914
No Fault/Sewer Backup $ 3,379
*Liquor Liability — Off Sale $ 11,300
Fidelity/.Employee Dishonesty $ 900
Automobile
Open Meeting Law
Workers' Comp
Volunteers
TOTAL LMCIT
$19,495
$ 573
$ 3,820
$ 10,839
$ 91.7
$ 16,447
$ 589
$ 95,058 $101,091
$ 1,161.
$202,368
$212,592
Increase
Decrease
$ 1,704
$ 1.43
$ 21.4
$ 5,165
$ 441
($39048)
$ 16
$ 6,033
$ -0-
$10,224
5.1% Increase
*Liquor Off -Sale:
(Combined - Market Place and Silver Lake Village Premium)
CITY OF ST. ANTHONY
Premium Breakdown and Comparison
and Renewal Binder
Coverage
2007/2008
2008/2009
Property*
$23,223
$24,927
Inland Marine*
4,183
4,326
Equipment Breakdown*
3,347
3,561
Municipal Liability*
39,749
44,914
No Fault Sewer Back-up*
3,379
3,820
Liquor Liability*
11,300
10,839
Automobile*
19,495
16,447
Crime*
Included
Included
Employee Dishonesty Bond*
900
917
Open Meeting Law
573 _
589
Workers Compensation
95,058
101,091
Volunteer Accident Plan
11,161
1,161
TOTAL ALL PREMIUMS
$202,368
$212,592
$10,000/50,000/1,000 All Lines Deductible, except
$2,500 Deductible for Equipment Breakdown coverage
Approximate savings for large deductible: $30,112
Renewal coverage is bound up to 60 days pending issuance of policies. Coverages
bound are based on L.M.C.LT forms and practices in effect on renewal date.
NOTE: DO NOT PAY UNTIL YOU RECEIVE INVOICES!
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the details
of your coverages, terms, conditions and exclusions that apply.
530 North Robert. Street • St. Paul, Minnesota 66101 • (651) 227-8405 Pax: (651) 227-0507
Mailing Address P.O. Box 64016 . St. Paul, Minnesota 551.64
13
14
City of St. Anthony
Premium Comparison
Page 3
Coverage 2006/2007 2008/2009
Property*
Total General Limit for Building, Contents,
Property In the Open and EDP $20,890,830 $22,228,031
Loss of Income, Extra Expense 5,000,000 5,000,000
Terrorism Annual Aggregate Limit 5,000,000 5,000,000
Premium $23,223 $24,927
imana manne'
Scheduled Mobile Equipment $1,028,400 $1,074,781
Unscheduled Equipment - Any One Item
$25,000 in Value and Under- TIV Value 504,722 522,387
Premium $4,183 $4,326
Equipment Breakdown Coverage"
Property Damage - Per Accident
$20,890,830
$22,228,031
Perishable Goods
100,000
100,000
Demolition and Increased Cost of Const
100,000:
100,000
Expediting Expense
100,000 !
100,000
Pollutants
100,000
100,000
CFC Refrigerants
I 00,000
100,000
Ice Rink Buried Piping
50,000
50,000
Business Income and Extra Exp
Expense
5 ,000,000
5,000,000
Service Interruption
00,000
00,000
Premium $3,347
_ $3,561
Municipal Liability*. _
Operating Expenditures
4,653,700
5,996,700
Waterworks, Payroll
209,400
218,600
Waterworks, Per 1 MM Gallons
400,000,000
400,000,000
Streets, Miles--
33
33
Recreation Center/Arenas, Sq Ft
65,000
65,000
Independent Contractors, Per$] 00
2,639,600
3,603,800:
No Fault Sewer Back-up
Included
Included
Liquor On/Off Sale - less than 249,999 receipts
2
2
Errors & Omissions Expenditures
_. p
9,993,700
2,618,600 !.
Premium
$43,128 _
$48,734 !,
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the details
of your coverages, terms, conditions and exclusions that apply.
15
City of St. Anthony
Premium Comparison
Page 4
Coverage
2007/2008 !
2008/2009
Automobile _.._ _......
....
Limit _ __....
_ $1,000,000
$1,000,000
It of Units.
_ 44
_ 43
Premium _
$19,495
$16,447
Crime* ...
Blanket Limit for Depository Forgery, Money and Securities,
Loss Inside and Outside
$100,000
$250,000
Premium
Included
Included
Public Employee Dishonesty Bond*
Limit _
$400,000
$400,000
Premium
$900
$917
10,000 Deductible Applies
Open Meeting Law _. __.....
_._ _......
Reimbursable Costs
Defense Costs per Lawsuit per Official
$50,000
$50,000
Agreement Term Aggregate per Official
$50,000
$50,000
Premium
$573
$589
Liquor Liability... _....... _....._ L_
_.. _ _
_...
Limit of Liability—
$1,000,000
$1,000,000
Estimated Annual Receipts Off Sale)
5,818,900
6,194,000
Premium _
$11,300
_ $10,839
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the details
of your coverages, terms, conditions and exclusions that apply.
16
City of St. Anthony
Premium Comparison
Page 5
Coverage 2007/2008
Workers' Compensation
Street & Road #5506
307,157
Waterworks #7520
172,095
Radio or Television Broad,#7610
6,081
Firefighters (Not Volunteer) #7716
441,678
Police (non-smoking)#7721
1,375,307
Police Reserves (non smoking) #7723
69,129
Off Sale Liquor Store #8017
338,811
City Shop & Yard #8227
48,240
Clerical#8810
436,354
Clerical (Liquor Store)#8810
45,233
Buildings Operation by Owner, #9015
8,188
Parks #9102
128,456
Municipal Employees #9410
45,656
Elected/Appointed Officials 119411
29,373
Boards & Commissions #9411
54,853
2008/2009
319,443
178,979
6,324
459,345
1,430,319
71,894
352,363
50,170
453,808
47,042
8,515
133,594
47,482
30,548
57,047
Experience Modification
85
.83
Managed Care Credit
.98
.98
Premium
$95,058
$101,091
Total Payroll
$3,506,611
$3,646,873
Volunteer Accident Plan
Accidental Death Benefit Principal Sum
$100,000 !
$100,000
Permanent Impairment Benefit Maximum Amt
100,000
100,000
Weekly Disability
400
400
Medical Benefit
1,000
1,000
Total Limit
500,000
500,000
Premium
$1,161
$1,161
This comparison is provided as a brief outline of your policy. Please refer to the provisions found in your policy for the details of
your coverages, terms, conditions and exclusions that apply.
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 08-038
A RESOLUTION REGARDING RENEWAL OF MUNICIPAL INSURANCE
COVERAGE AND THE WAIVER OF TORT LIABILITY LIMITS FOR THF.. LEAGUE OF
MINNESOTA CITIES INSURANCE PROGRAM.
WHEREAS, the City Council of the City of St. Anthony hereby approves participation
in the League of Minnesota Cities Insurance Trust (LMCIT) insurance
program for the year 2008/2009; and
WHEREAS, the City has elected to purchase liability coverage in the amount of
$1,000,000.00 per occurrence, as set forth in the MN Statutes 466.04.
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the
renewal of insurance coverage through the League of Minnesota Cities at a total cost of
$212,592.00 for the policy period of June 1, 2008 to May 31, 2009.
THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St.
Anthony hereby approves waiving of the monetary limits on tort liability established by
MN statute 466.04 to the extent of the limits of the liability coverage obtained from the
LMCIT for the policy period of June 1, 2008 to May 31, 2009.
Adopted this 10th day of June 2008.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
17
18
STAFF REPORT
To: Mayor and City Council Report No.:
Mike Mornson, City Manager
From: Kim Moore -Sykes, Assistant City Manager
Date: June 10, 2008
Subject: Amended Urban Hennepin County CDBG Joint Cooperation Agreement
Background: Because the nation was not making the progress toward the goal of a national housing policy as
expected when Congress passed the Housing Act of 1949, the Housing and Urban Development Act of 1968
and later the Community Development Block Grant program (CDBG) of 1974 were passed. These programs
were intended to be flexible in providing local governments with resources to address a wide variety of unique
community development needs that would ultimately provide decent, safe, sanitary and affordable living
environments for all Americans. Consequently, Hennepin County is eligible to be designated as an Entitlement
Urban County and receives an annual allocation of funds from the U.S. Department of Housing and Urban
Development to provide decent housing, suitable living environments and opportunities to expand economic
development or redevelopment efforts. As stated in a letter dated May 13, 2008 from Hennepin County
Department of Housing, Community Works and Transit, that while a portion of the City's population is outside
of Hennepin County, the entire population will be included in the Urban County Program as the result of
executing this agreement. Because of the City's participation with Hennepin County Joint Cooperation
Agreement, this cooperation has helped to ensure that a guaranteed annual allocation comes to the County and
to those communities that actively participate in the program.
The City is being asked to execute a new joint cooperation agreement because Hennepin County is required to
renew the cooperation agreement but no modifications are being proposed except for setting a renewal date of
September 30, 2011 in Section III of the proposed and attached agreement.
Action: The City is being asked to consider and approve the amended and restated joint cooperation agreement
with Hennepin County.
Attachments:
• Cover Letter from Hennepin County Housing, Development and Finance Manager
• Amended Urban Hennepin County CDBG Joint Cooperation Agreement
• May 29, 2008 email from Jim Ford, Hennepin County, Joint Cooperation Agreement Q & A
• Resolution 08-039; Authorizing the Execution of a Joint Cooperation Agreement Between the City of St.
Anthony and Hennepin County for Participation in the Urban Hennepin County Community
Development Block Grant Program in FY 2009 — 2011.
staff Hennepin Co CDBG Grant Renewal
Hennepin County Department of Housing, Community Works &Transit
417 North Fifth Street, Suite 320 612-348-9260, Phone
Minneapolis, Minnesota 55401-1362 612-348-9710, Fax
612-596-6985,TDD/TYY
www.hennepin.mn.us
May 13, 2008
Mr. Michael Morrison
City Administrator
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Subject: Fiscal Year 2009-20011 Joint Cooperation Agreement
Dear Mr.Mornson:
Enclosed for your review and execution is the Urban Hennepin County Joint Cooperation
Agreement for FY 2009 — 2011. The agreement sets forth broad shared powers for carrying
out housing and community development activities. The U.S. Department of Housing and
Urban Development (HUD) requires the agreement in order for Ilentrepin County to qualify
as an urban county and receive Community Development Block Grant (CDBG) and FIOME
Investment Partnership Program (HOME,) entitlement funds. This document was approved
by the Hennepin County Board of Commissioners on May 6, 2008, and awaits action by
your city council.
The existing Joint Cooperation Agreement (FY 2006 — 2008) will expire on September 30,
2008. There are no modifications being proposed to the existing agreement except for clarifying
the automatic renewal clause in Section III of the proposed agreement (i.e., at the end of the next
renewal period on September 30, 2011, the County will notify the participating cities of their
right to no longer participate in the Urban Hennepin County Community Development Block
Grant (CDBG) Program as stipulated in the agreement; if the cities continue their participation,
the agreement will automatically be renewed for another three-year term).
The City of St. Anthony is considered a split place by HUD because a portion of the city's
population is outside of Hennepin County. The entire city population will be included in the
Urban County Program by executing this agreement.
Because of being partially located in two urban counties, HUD regulations allow St.
Anthony to elect one of the following:
• To be excluded from all urban counties;
To be entirely included in one urban county and excluded from all other such
counties; or
An Equal Opportunity Employer Recycled Paper
20
May 13, 2008
Page 2
To participate as a part of more than one of the urban counties in which it is partially
located provided that a single portion of the split place cannot be included in more
than one entitled urban county at a time, and all parts of the split place are included
in the urban counties.
As a community participating in the Urban Hennepin County Program, your city would not
be eligible in FY 2009 — 2011 to apply for grants under the small cities or state CDBG
programs. Your community will automatically participate in the Hennepin County HOME
Program and will not be eligible to receive HOME funds through the state or other
consortiums.
Cities electing not to continue participation in the Hennepin County Program during the FY
2009-2011 qualification period must notify Hennepin County and HUD in writing
terminating the agreement at the end of the current period. (HUD contact: Elizabeth Wise,
920 Second Avenue South, Suite 1300, Minneapolis, MN 55402) This notification must be
received by May 23, 2008.
Please execute the city signature page of agreement to indicate your continued participation
in the Urban County Program. Return only an original copy of the city signature page
(please use blue ink) with the city seal and it copy of the authorizing resolution by ,Imre
30, 2008. A sample council resolution is enclosed. Materials should be sent to:
Kaye Lockraun
Principal Office Specialist
Housing, Community Works and Transit
417 North Fifth Street, Suite 320
Minneapolis, Minnesota 55401-1362
Please contact Jim Ford at (612) 348-6013 if you have any questions about the agreement or
process. I look forward to continuing our cooperative efforts in addressing suburban
Hennepin County housing and community development needs.
Sincerely,
Kevin Dockry
Manger, Housing Development and Finance
Enclosures: Joint Cooperation Agreement A080541
Sample resolution
cc: Kim Moore -Sykes
21
Contract No. A080541
JOINT COOPERATION AGREEMENT
URBAN ITENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of
Minnesota, hereinafter referred to as "COUNTY," A-2400 GovermuentCenter, Minneapolis, Minnesota, 55487, and
the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT,"
said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to
Minnesota Statutes, Section 471.59:
WITNESSETH:
COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that
COOPERATING UNIT shares its authority to carry out essential community development and housing activities
with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and
HOME, Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and,
therefore, in consideration of the mutual covenants and promises contained in this Agreement, die parties mutually
agree to the following terms and conditions.
COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it:
May not also apply for grants under the State CDBG Program from appropriations for fiscal
years during which it is participating in the Urban County Program; and
2. May not participate in a HOME Consortium except through the Urban County.
I. DEFINITIONS
The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are
incorporated herein by reference and made a part hereof, and the terms defined in this section have the meanings
given them:
A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42 U.S.C.
5301 et seq.).
B. "Activity" means a CDBG-funded activity eligible under Title I of the Housing and Community
Development Act of 1974, as amended. Example: single family rehab activity.
C. "Annual Program" means those combined activities submitted by cooperating units to COUNTY for
CDBG funding as part of the Consolidated Plan.
D. "Consolidated Plan" means the document bearing that title or similarly required statements or
documents submitted to HUD for authorization to expend the annual grant amount and which is
developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community
Development Block Grant Program.
22
E. "Cooperating Unit(s)" means any city or town in Hennepin County that has entered into a cooperation
agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each
Agreement.
F. "HUD" means the United States Department of Housing and Urban Development.
G. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified by
HUD to have a population of 50,000 or more people.
H. "Program" means the HUD Community Development Block Grant Program as defined under Title I of
the Housing and Community Development Act of 1974, as amended.
I. "Program Income" means gross income received by the recipient or a subreeipient directly generated
from the use of CDBG.
"Regulations" means the rules and regulations promulgated pursuant to the Act, including but not
limited to 24 CFR Part 570.
K. "Urban County" means the entitlementjurisdiction within the provisions of the Act and includes the
suburban Hennepin County municipalities which are signatories to this Agreement.
IL PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to
undertake, or assist in undertaking, community renewal and lower income housing assistance activities and
authorizes COUNTY to carry out these and other eligible activities for the benefit of eligible recipients who reside
within the corporate limits of the COOPERATING UNIT which will be funded from amoral Community
Development Block Grant and HOME appropriations for the Federal Fiscal Years 2009, 2010 and 2011 and from
any program income generated from the expenditure of such funds.
III. AGREEMENT
The initial term of this Agreement is for a period commencing on October 1, 2008 and terminating no sooner than
the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2011, as
authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the
County for such period. Prior to the end of the initial term and the end of each subsequent qualification period, the
COUNTY, as the lead agency of the URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM, shall provide a written notice to the COOPERATING UNIT of their right not to participate in
a subsequent qualification period. The written notice will provide the COOPERATING UNIT a minimum thirty
(30) day period to submit a written withdrawal. If the COOPERATING UNIT does not submit to the COUNTY a
written withdrawal during the notice period, this Agreement shall be automatically extended for a subsequent three-
year qualifying period.
This Agreement must be amended by written agreement of all parties to incorporate any future changes
necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice
applicable for the year in which the next qualification of the County is scheduled. Failure by either party to adopt
such an amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all
CDBG and HOME funds allocated for use in the COOPERATING UNIT's jurisdiction.
Notwithstanding any other provision of this Agreement, this Agreement may be terminated atthe end of the
program period during which IIUD withdraws its designation of the COUNTY as an Urban County under the Act.
23
This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY
pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and
executed Agreement shall be filed promptly by the COOPERATING UNIT in the Ilennepin County Department of
Housing, Community Works and Transit, and in no event shall the Agreement be filed later than June 30, 2008,
COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the
applicant's certifications required by Section 104(b) of the Title I of the Housing and Community Development Act
of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Pair Housing Act, Section 109 ofTitle I
of the Housing and Community Development Act of 1974; and other applicable laws.
IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the
terms of this Agreement, certain activities eligible for finding under the Act. The COUNTY agrees and will assist
COOPERATING UNIT in the undertaking of such essential activities by providing the services specified in this
Agreement. The parties mutually agree to comply with all applicable requirements of the Act and the Regulations
and other relevant Federal and/or Minnesota statutes or regulations in the use of basic grant amounts. Nothing in
this Article shall be construed to lessen or abrogate the COUNTY's responsibility to assume all obligations of an
applicant under the Act, including the development of the Consolidated Plan, pursuant to 24 CPR Part 91.
COOPERATING UNIT further specifically agrees as follows:
A. COOPERATING UNIT will, in accord with a COUNTY -established schedule, prepare and provide to
the COUNTY, in a prescribed form, requests for the use of Community Development Block Grant
Funds consistent with this Agreement, program regulations and the Urban Hennepin County
Consolidated Plan.
B. COOPERATING UNIT acknowledges that, pursuant to 24 CPR §570.501 (b), it is subject to the same
requirements applicable to subrecipients, including the requirement for a written Subrecipient
Agreement set forth in 24 CPR §570.503. The Subrecipient Agreement will cover the implementation
requirements for each activity funded pursuant to this Agreement and shall be duly executed with and in
a form prescribed by the COUNTY.
C. COOPERATING UNIT acknowledges that it is subject to the same Subrecipient requirements stated in
paragraph B above in instances where an agency other than itself is undertaking an activity pursuant to
this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party
Agreement shall be duly executed between the agency and COOPERATING UNIT in a form prescribed
by COUNTY.
D. COOPERATING UNITS shall expend all funds annually allocated to activities pursuant to this
Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant amount.
With each annual program COOPERATING UNITS shall submit to the COUNTY activity
schedules for the completion and expenditure of funds within eighteen (18) months. COUNTY
will institute monitoring measures and provide technical or other assistance to insure activities
are proceeding on schedule.
2. Funds for activities not expended within eighteen (18) months may be recaptured at the
discretion of the COUNTY and distributed by COUNTY as provided for in D. 4. Limited
extensions to the expenditure deadlines in this section may be granted by COUNTY upon
24
written request only where the authorized activity has been initiated and/or is subject to a
binding contract which provides for the expenditure to be completed within a time period
acceptable to COUNTY.
Amendments to an annual program by COOPERATING UNITS may be approved by
COUNTY up to fifteen (15) months after initial funding leas been approved only when the new
activity can be completed and funding expended within six (6) months of the amendment
approval. Funds not expended within the six (6) month extension period may be recaptured
and distributed by COUNTY as provided for in DA.
4. All funds recaptured by COUNTY will be transferred to a separate account for reallocation on
a competitive request for proposal basis at the discretion of the COUNTY where total of such
fiords is $100,000 or greater. Amounts less than $100,000 shall be. allocated by COUNTY to
other existing activities consistent with timeliness requirements and Consolidated Plan goals.
E. COUNTY and COOPERATING UNITS shall expend all program income pursuant to this Agreement
as provided below:
Program income from housing rehabilitation activities administered by the COUNTY will be
incorporated into a pool at the discretion of the COUNTY. The pool will be administered by
COUNTY and will be used for housing rehabilitation projects located throughout the entire
Urban County. When possible, COUNTY will give priority to funding housing rehabilitation
projects within the COOPERATING UNIT where the program income was generated. Funds
expended in this manner would be secured by a Repayment Agreement/Mortgage running in
favor of the COUNTY. Program income generated by certain COOPERATING IJNITS that
administer their own housing rehabilitation activities may be retained by the COOPERATING
UNIT at its discretion; however, such COOPERATING UNITS will be bound by the
conditions of D.2., above. Only COOPERATING UNITS that were administering their own
activities pursuant to the Joint Cooperation Agreement pertaining to the IIUD fiscal years
2006-2008 will be eligible to retain their program income.
2. COUNTY reserves the option to recapture program income generated by non -housing
rehabilitation activities if said funds have not been expended within twelve (12) months of
being generated. These funds shall be transferred to a separate account for reallocation on a
competitive request for proposal basis administered by COUNTY or, where the total of such
funds does not exceed $100,000, shall be reallocated by COUNTY to other existing activities
consistent with timeliness requirements and Consolidated Plan goals.
F. COOPERATING UNITS are encouraged to undertake joint activities involving the sharing of funding
when such action furthers the goals of the Consolidated Plan and meets the expenditure goals.
G. If COUNTY is notified by I-1UD that it has not met the performance standard for the timely expenditure
of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by IIUD according to its
policy on corrective actions, then the basic grant amount to any COOPERATING UNIT that has not
met its expenditure goal shall be reduced accordingly.
H. COOPERATING UNIT will take actions necessary to assist in accomplishing the community
development program and housing goals, as contained in the Urban Hennepin County Consolidated
Plan.
25
COOPERATING UNIT sliall ensure that all activities funded, in part or in full by grant funds received
pursuant to this Agreement, shall be undertaken affirmatively with regard to fair housing, employment
and business opportunities for minorities and women. It shall, in implementing all programs and/or
activities funded by the basic grant amount, comply with all applicable Federal and Minnesota Laws,
statutes, rules and regulations with regard to civil rights, affirmative action and equal employment
opportunities and Administrative Rule issued by the COUNTY.
J. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or
that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from
receiving CDBG finding for any activities.
K. COOPERATING UNIT shall participate in the citizen participation process, as established by
COUNTY, in compliance with the requirements of the Housing and Community Development Act of
1974, as amended.
L. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or
COUNTY to be ineligible.
M. COOPERATING UNIT shall prepare, execute, and cause to be tiled all documents protecting the
interests of the parties hereto or any other party of interest as may be designated by the COUNTY.
N. COOPERATING UNIT has adopted and is enforcing:
A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such nonviolent civil rights
demonstrations within its jurisdiction.
COUNTY further specifically agrees as follows:
A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis, all
plans, statements and program documents necessary for receipt of a basic grant amount under the Act.
B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating services
to COOPERATING UNIT in the preparation and submission of a request for funding.
C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in
fulfilling its responsibility to HUD for accomplishment of the community development program and
housing goals.
D. COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing
rehabilitation activities funded pursuant to the Agreement, provided that COUNTY shall receive
Twelve percent (12%) of the allocation by COOPERATING UNIT to the activity as reimbursement for
costs associated with the administration of COOPERATING UNIT activity.
E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to
administer, for a possible fee, other activities funded pursuant to this Agreement on behalf of
COOPERATING UNIT.
26
F. COUNTY may, as necessary for clarification and coordination of program administration, develop and
implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives,
and administrative requirements of COUNTY.
V. ALLOCATION OF BASIC GRANT AMOUNTS
Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows:
A. COUNTY shall retain Thirteen percent(13%) ofthe annual basic grant amount forthe administration of
the program. Included in this administrative amount is funding for annual county -wide Fair Housing
activities.
B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING
UNITS in accordance with the formula stated in part C and the procedure stated in partl) ofthis section
utilizing data provided by HUD. The allocation is for planning purposes only and is not a guarantee of
finding.
C. Allocation of funding will be based upon a formula using data supplied by HUD that bears the same
ratio to the balance of the basic grant amount as the average of the ratios between:
1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS.
2. The extent of poverty in COOPERA'T'ING UNIT and the extent of poverty in all
COOPERATING UNTTS.
3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of
overcrowded housing by units in all COOPERATING UNITS.
4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be
counted twice.
D. Funds will be made available to communities utilizing the formula spccified in C of this Section in the
following manner:
All COOPERATING UNITS with aggregate formula percentages of greater than three and one
half percent (3.5%) of the total using the procedure in part C. of this section will receive
funding allocations in accordance with the COUNTY formula allocations.
2. COOPERATING UNITS with aggregate formula percentages of three and one half percent
(3.5%) or less of the total using the procedure in part C. of this section will have their funds
consolidated into a pool for award in a manner determined by COUNTY on a competitive
request for proposal basis. Only the COUNTY and COOPERATING UNITS whose funding
has been pooled will be eligible to compete for these funds.
E. The COUNTY shall develop these ratios based upon data to be furnished by IND. The COUNTY
assumes no duty to gather such data independently and assumes no liability for any errors in the data
furnished by HUD.
F. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the
amount not requested shall be made available to other participating communities, in a manner
determined by COUNTY.
27
VI. METROPOLITAN CITIES
Any metropolitan city executing this Agreement shall defer their entitlement status and become part of
Urban Hennepin County.
This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of
the re -qualification process for fiscal years 2009-2011, that it is eligible to become a metropolitan city and the
COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the
COOPERATING UNIT'S eligibility as a metropolitan city prior to July 8, 2008, the COOPERATING UNIT must
remain a part of the COUNTY program for the entire three-year period of the COUNTY qualification.
VII. OPINION OF COUNSEL
The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby
opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the
COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and publicly -assisted housing.
Assistant County Attorney
7
VIII. HENNEPIN COUNTY EXECUTION
The Hennepin County Board of Commissioners having duly approved this Agreement on May 6, 2008, and
pursuant to such approval and the proper County official having signed this Agreement, the COUNTY agrees to be
bound by the provisions herein set forth.
COUNTY OF HENNEMN, STATE OF MINNESOTA
By:
Chair of its County Board
And:
Assistant/Deputy/County Administrator
Attest:
Deputy/Clerk of the County Board
RECOMMENDED FOR APPROVAL,
Assistant County Administrator - Public Works
APPROVED AS TO FORM:
Date:
Assistant County Attorney
Department, Housing, Community Works and Transit
Date:
Date:
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
IX. COOPERATING UNIT EXECUTION
COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNITS governing body
having duly approved this Agreement on _ , 2008, and pursuant to such approval and the proper city
official having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint
Cooperation Agreement, contract A080541.
CITY Oh ST. ANTHONY
By:
Its Mayor
And:
Its City Manager
ATTEST:
CITY MUST CHECK ONE:
The City is organized pursuant to:
Plan A Plan B charter
May 13, 2008
29
30
Kim Moore -Sykes
From: Jim.Ford@co.hennepin.mn.us
Sent: Thursday, May 29, 2008 11:49 AM
To: cityhall@mapleplain.com; schulte@ci.champlin.mn.us; cdawson@ci.shorewood.mn.us;
chad.adams@ci.medina.mn.us; danay@cityofdeephaven.org; kwalsh@ci.minnetrista.mn.us;
thoff@townofhassan.com; greenwood@visi.com; hanovercityhall@comcast.net;
jandre@ci.golden-valley.mn.us; jsandin@cityoftonkabay.net; jloftus@cityoftonkabay.net;
bjohnson@ci.greenfield.mn.us; Kim Moore -Sykes, kluger@ci.excelsior. mn.us;
loren@wayzata.org; alo@wayzata.org; lorettocityclerk@hotmaii.com,
mglick@ci.robbinsdale.mn.us; mgrimes@ci.golden-valley.mn.us; Mike Mornson;
nancy@cityofrockford.org; me@myhouse.com; sfriesen@mchsi.com;
shelley@cityofwoodland mn.org; sstahmer@ci.long -lake.mn.us; stboni@visi.com,
melhard@cityofdayton.com; SaratlSmith@cityofmound.com; thirsch@ci.independence. mn.us;
LVee@ci.orono.mn.us; sgriffin@ci.minnetonka-beach.mn.us,
rpearson@ci.robbinsdale.mn.us; GWithers@ci.osseo.mn.us, jdahl@ci.osseo.mn.us;
lbrown@shorewoodpw.com
Subject: Joint Cooperation Agreement -- Q & A
A number of you --many first: -timers to this process --have contacted me with questions about
the Joint Cooperation Agreement (JCA) in anticipation of questions from your council.
members. 1 will try to provide answers to the most commonly asked questions. As always,
please feel free to contact me if you have further questions.
What is a Joint Cooperation Agreement? The JCA is a contract between Hennepin County and
each city participating i.n a HUD defined Urban County Community Development Block Grant
(CDBG) enti.tl.ement. program. This urban county status allows access to annual CDBG
allocations, currently $2.4 m:i.l,'I_ion. Not signing a JCA means your city is not: eligible
for any CDBG funding for the agreement period, e.g., 2009-2011. We have been informed by
HUD staff that any city that can participate in an urban county program but: decides not to
cannot apply for HUD funds through the State CDBG program. The State has their own CDBG
allocation which is reserved for cities and counties outside the metropolitan area.
Are we currently operating under a JCA? Yes. 'there is an agreement in place for the
period 2006-2008.
How long have we had these? This has been a HUD requirement since the beginning of the
CD13G program back in the mid -19'10s.
What is the Consolidated Pool.? HUD allocates CDBG funding to states, cities and urban
counties based upon a formula which considers an applicants' population, poverty and
overcrowded housing, with poverty being double weighted. At HUD's "urging", Hennepin
County formed a Consolidated Pool. (ConPool) for cities which received aggregate formula
percentages of: three and one half percent (3.5%) or less of the urban county total. These
funds are allocated on a competitive request for proposal basis. The amount of CDBG
funding available to ConPool cities was $495,509 in program year 2008.
What does this do for the City and/or its residents? Cities in the ConPool have access to
850 of the funding total (approximately $420,000 in 2008) for "brick and mortar" projects
consistent with the CDBG eligibility requirements. Given the competitive nature of: the
application process, successful. applicants are generally proposing housing projects that
serve low-income households. Among these are residential rehabilitation through the
County operated Rehabilitation of Private Property program. In 2008, $200,000 was
allocated to this program. Any resident of the ConPool area can apply directly to this
office for rehab assistance through this program. (Contact Jim Graham: 61.2-348-2235)
The county is also operating a rental. rehab program. This is currently a pilot program
only, but recent success suggests it may be continued. ConPool cities are the only
organizations that can apply for these funds, although cities frequently work .in
cooperation with a nonprofit developer, e.g., Habitat for Humanity, West Hennepin
Affordable Housing Land Trust, etc.
The remaining 15% of the funds can be used to fund public service programs. Public
service providers apply directly for funding of senior programs, emergency services (ICA, 3 1
TOCP, WeCAN), housing counselling programs, domestic abuse services and youth programs,
etc. Residents can access these services regardless of where they live, but the cities'
participation in the urban county program provides more funding to the ConPool and more
funding for these services.
FYI, public service providers have consistently been telling me that the demand for
emergency services have been increasing drastically over the last few months because of
layoffs, foreclosures, rising food and fuel prices, etc. These clients are area residents
that: have never applied for assistance in the past and are very reluctant to do so.
How are ConPool funds allocated? The ConPool funds are allocated through a multi. -step
process. A Consolidated Pool. Advisory Committee reviews the applications and makes
funding recommendations to the County Boards of Commissioners, the official applicant for
the urban county funds. The Board then approves the annual application, including the
allocation recommendations of the committee. To date the Board has always approved the
committees' recommendations. HUD staff then review all projects for eligibility and
approves funding sometime in July or August.
The Consolidated Pool Advisory Committee is made up of city administrators, city clerks or
planning staff from participating ConPool cities. The committee could use additional
members for the 2009 application process, so if you might be interested please contact me.
ms there any cost to the City? No. The only "cost" results from not participating --not
signing the agreement. Should a city not sign the agreement, your residents would no
longer be el-i.g,i.bl.e for the rehabilitation program and the total. CDBG .funds available for
for
public services would be smaller. Even if you do not anticipate any housing projects in
the near, future, signing the agreement costs nothing, but provides more funding for these
other programs/services.
Please also note that if the JCA is not signed, your city cannot rejoin the ConPool until
the next JCA period; 2012-2019.
Jim Ford
Hennepin County Housing, Community Works and Transit
917 North Fifth Street, Suite 320
Minneapolis, Minnesota 55901-1362
Telephone: 612/39£3-6013
Fax: 612/398-2920
"When 7 give food to the poor, they call me a saint. When I ask why the poor have no food,
they call me a communist." - Dom Helder Camara
Disclaimer: Information in this message or an attachment may be government data and
thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13, may be subject to attorney-client or work product privilege, may be
confidential., privileged, proprietary, or otherwise protected, and the unauthorized
review, copying, retransmission, or other use or di-sclosure of the information .is strictly
prohibited. If you are not the intended recipient of this message, please immediately
notify the sender of: the transmission error and then promptly delete this message from
your computer system.
2
CITY OF ST. ANTHONY VILLAGE
RESOLUTION O8 - 039
A RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION
AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND HENNEPIN
COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2009 - 2011.
WHEREAS, the City of St. Anthony, Minnesota and the County of Hennepin have in
effect a Joint Cooperation Agreement for purposes of qualifying as an
Urban County under the United Stats Department of Housing and Urban
Development Community Development Block Grant (CDBG) an HOME
hlvestment Partnerships (HOME) programs; and
WHEREAS, the City and County wish to execute anew Joint Cooperation Agreement
in order to continue to qualify as an Urban County for purposes of the
Community Development Block Grant and HOME Programs.
BE IT TI IEREFORE RESOLVED, that a new Joint Cooperation Agreement between the
City and County be executed effective October 1, 2008, and that the Mayor
and City Manager be authorized and directed to sign the Agreement on
behalf of the City.
Given my hand and seal this 1f�th day of Tune, 2008.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
32
"Mm
& Infrastructure a Engineering . Planning a Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763 541-4800
Fax: 763 541.1700
June 4, 2008
Honorable Mayor and City Council
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: Water Reuse Facility Project
City of St. Anthony Village, MN
WS13 Project No. 1745-02
Dear Mayor and Council Members:
Bids were received for the above -referenced project on Jure 3, 2008, and were opened and read
aloud. A total of five bids were received. The bids were checked for mathematical accuracy and
tabulated. Please find enclosed the bid tabulation indicating the low bidder as Graham Penn -Co
Construction, Inc., Eagan, Minnesota, in the amount of $1,509,632.95.
We recommend that the City Council consider these bids and award a contract to Graham Penn -Co
Construction, Inc. based on the results of the bids received.
Sincerely,
WSB & Associates, Inc.
Todd E. Flubmer, PE
Project Manager
Enclosures
cc: Graham Penn -Co Construction, Inc.
Mike Mornson, City of St. Anthony Village
Jay Ilartman, City of St. Anthony Village
lh
Kd01745-02W,nihikConstractlon AdminVecnnndm hr=408.doc
33
34
CITY OF ST. ANTHONY
RESOLUTION 08-040
A RESOLUTION AWARDING A I;ID FOR WATER REUSE FACILITY PROJECT
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:
Total Bid
(Base Bid, Concrete Tank
Alternate, Parking Lot
Contractor Improvement Alternate
with deductions to base
bid, Landscaping
Alternate)
1.
Graham Penn -Co, Construction, Inc.
$1,509,632.95
2.
Park Construction Company
$1,906,187.66
3.
Lametti & Sons, Inc.
$2,167,022.00
4.
Veit & Company
$2,376,227.35
5.
Rice Lake Construction Group
$2,683,375.00
WHEREAS, it appears that Graham Penn -Co Construction, Inc. of Eagan, MN is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED, of the City Council of the City of St. Anthony:
The selected alternates for the above -referenced project shall include Alternates 1, 4, and 5,
in addition to base bid items.
2. That the Mayor and City Manager are hereby authorized and directed to enter into a contract
with Graham Penn -Co Construction, Inc. in the amount of $1,509,632.95 in the name of the
City of St. Anthony, 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.
K!I01143 02Nd?,O❑ResahelonlR1,S08-00-Auer III, Rid fo,IV,,, Reuse-060t08.dx
3. The Engineer, WSB & Associates, Inc., 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 day of
ATTEST:
City Clerk
Reviewed for administration:
Mayor Piro Tem
City Manager
2008.
Ad01I43 Reuse-060408.da
35
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BID TABULATION SUMMARY
PROJECT:
St. Anthony Water Reuse Facility
LOCATION:
St. Anthony Village, MN
WSB PROJECT NO.:
1745.02
Bids Opened: Tuesday, June 3, 2008, at 10:00 a.m
Grand Total Bid
Bid Security Add. No. 1 Add. No. 2 Add. No. 3 (not incl. base bid
Contractor (5%) Ree'd. Recd. Recd. deductions)
1 Graham Penn Co. Construction Inc.
X
X
X
X
$1,519,589.00
2 Park Construction Co.
X
X
X
X
$1,916,254.77
3 Lametti & Sons, inc.
X
X
X
X
$2,184,705.00
4 Veit & Company, Inc.
X
X
X
X
$2,392,387.00
5 Rice Lake Construction Group
X
X
X
X
$2,694,818.50
Engineer's Opinion of Cost
$1,562,835.50
I hereby certify that this is a true and correct tabulation of the bids as received on June 3, 2008,
Denotes corrected figure
Todd E. Hubmer, PE
K101I45AOMdmINConM,udlon A&WM1745 02 SIGNED BId Tab Sunvnary.xls
37
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Ak
WSB
& Associates, Inc.
Infrastructure 1 Engineering I Planning 1 Construction
June 3, 2008
Honorable Mayor, City Council, and City Staff
City of St. Anthony Village
3301 Silver Lake Road NE
St. Anthony, MN 55418
Re: 2009 Street and Utility Reconstruction Project
Feasibility Report
WSB Project No. 1626-37
Dear Mayor, City Council and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Attached for your consideration is a resolution ordering the preparation of a feasibility report for the
2009 Street and Utility Reconstruction project.
This project proposes to improve:
1. Chandler Drive from Foss Road to 37°i Avenue NE.
2. Foss Road north of 37"' Avenue to city limits.
by reconstruction of the roadways and utilities.
Maps showing the proposed streets to be reconstructed in 2009 are attached, along with a proposed
schedule for your consideration.
1 will be present at your June 10 Council meeting to answer any questions you may have on this
project, or please call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
lh
Minneapolis t St. Cloud
Equal Opportunity Employer A:101626-371AdrnlnlllocrU.7%t-bract-0G030S,doc
sm
W
PROJECT SCI3EDULE
The proposed Schedule for this improvement is as follows
Task
Completion Date
1.
Order Feasibility Report....................................................................................
June 10, 2008
2.
Accept Feasibility Report and order plans and specifications............................July
22, 2008
3.
Hold neighborhood meeting................................................................................
August 2008
4.
Approve plans and specifications, and order ......................................................October
2008
Advertisement for Bids
5.
Receive bids, compute assessments................................................................
December 2008
6.
Approve three resolutions on improvement hearing and ...................................
January 2009
Special assessments
7.
Hold 2°`1 Public information meeting................................................................
February 2009
8.
Hold public hearing for project and assessments, award bid, and ....................
February 2009
Call for bond sales
9.
Award sale of bonds..............................................................................................
March 2009
10.
Begin construction...................................................................................................
May 2009
11.
Substantial completion of construction...............................................................October
2009
12.
Certify assessments to a county auditor...............................................................
August 2009
13.
Final completion of construction.............................................................................
June 1010
K:W(26-37UdniinIDocsIPROJLCTSCHIIDULILdoc
CITY OF ST. ANTHONY
RESOLUTION 08-041
A RESOLUTION ORDERING PREPARATION OF FEASIBILITY
REPORT FOR 2009 STREET AND UTILPI'Y
IMPROVEMENTS
WHEREAS, it is proposed to improve:
I . Chandler Drive from Foss Road to 37t" Avenue.
2. Foss Road north of 37"' Avenue to city limits.
By reconstruction of the roadways and utilities, and to assess the benefited property for all
or a portion of the cost of the improvement, pursuant to Minnesota Statutes Chapter 429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. ANTHONY, MN:
That the proposed improvement be referred to WSB & Associates, Inc. for study and that they are
instructed to report to the Council will all convenient speed advising the "Council in a preliminary
way as to whether the proposed improvement is necessary, cost-effective, and feasible, and as to
whether it should best be made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recoum7ended.
Adopted this _ day of 2008.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
K:\01 62637\Admin\Resolutions9tesolulion 08.041.doc
To: John Malenick, Fire Chief
From: D. Drusch
Date: 05/19/2008
Re: Retail Sales of Fireworks licensing
I have received renewal applications for the Retail Sale of Fireworks from CUB and Wal-Mart. During
the review, it was noted that City Ordinance 580.11(C) restricts the total quantity of consumer fireworks
stored on any property cannot exceed 100 pounds. Since the ordinance does not specify, I have
interpreted this as net weight. I cannot locate any source to explain or justify this particular amount. The
only reference I can find in the State or National codes to weight is in NFPA 1124 - 7.1.3.1 which
specifically exempts code requirements on amounts stored of less than 125 pounds .of pyrotechnic
composition.
Further, Minnesota Statute 624.20 states: "A local unit of government may not.., prohibit or restrict the
display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with
National Fire Protection Association Standard 1124 (2003 edition);..."
The Minnesota Legislature, late in the session, changed the fireworks legislation in 2003 allowing
certain types of fireworks. This cause a lot of cities to scramble to establish local ordinances regarding
fireworks usage and sales. There was a general sense among the fire service that cities would be
inundated with requests for fireworks sales licenses. Additionally, NFPA 1124 (2003) had just been
published and not widely available for reference.
We have now experienced several years of the availability of consumer fireworks and its usage. While
the first years showed several, requests for licensing there has been a decline in applications during the
past two years. In fact, Wal-Mart & CUB are the only businesses that applied in 2007 and so far, they
are the only two for 2008. Their applications typically request a maximum amount of between 350 to
400 pounds of pyrotechnic composition, Such a display is typically to 4 pallets of boxed material. This
is also typical of what has been found in other communities. Due to oversight, these amounts have
been permitted previously.
NFPA 1124 (2003) is a national consensus standard that under goes rigorous evaluation. It is very
thorough and leans heavily on fire & life safety aspects. I do not feel the City needs to enact any
ordinance that further restricts its intent.
/ 4
St.
Anth®ny Fire
Dept.
To: John Malenick, Fire Chief
From: D. Drusch
Date: 05/19/2008
Re: Retail Sales of Fireworks licensing
I have received renewal applications for the Retail Sale of Fireworks from CUB and Wal-Mart. During
the review, it was noted that City Ordinance 580.11(C) restricts the total quantity of consumer fireworks
stored on any property cannot exceed 100 pounds. Since the ordinance does not specify, I have
interpreted this as net weight. I cannot locate any source to explain or justify this particular amount. The
only reference I can find in the State or National codes to weight is in NFPA 1124 - 7.1.3.1 which
specifically exempts code requirements on amounts stored of less than 125 pounds .of pyrotechnic
composition.
Further, Minnesota Statute 624.20 states: "A local unit of government may not.., prohibit or restrict the
display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with
National Fire Protection Association Standard 1124 (2003 edition);..."
The Minnesota Legislature, late in the session, changed the fireworks legislation in 2003 allowing
certain types of fireworks. This cause a lot of cities to scramble to establish local ordinances regarding
fireworks usage and sales. There was a general sense among the fire service that cities would be
inundated with requests for fireworks sales licenses. Additionally, NFPA 1124 (2003) had just been
published and not widely available for reference.
We have now experienced several years of the availability of consumer fireworks and its usage. While
the first years showed several, requests for licensing there has been a decline in applications during the
past two years. In fact, Wal-Mart & CUB are the only businesses that applied in 2007 and so far, they
are the only two for 2008. Their applications typically request a maximum amount of between 350 to
400 pounds of pyrotechnic composition, Such a display is typically to 4 pallets of boxed material. This
is also typical of what has been found in other communities. Due to oversight, these amounts have
been permitted previously.
NFPA 1124 (2003) is a national consensus standard that under goes rigorous evaluation. It is very
thorough and leans heavily on fire & life safety aspects. I do not feel the City needs to enact any
ordinance that further restricts its intent.
City of St. Anthony Village
Ordinance 08-006
CHAPTER 5 LICENSES, PERMITS AND BUSINESS REGULATIONS
Section 580 - Fireworks Dealers
580.11 Operation Restrictions
C. Maintenance of Storage Areas; Permissible Amounts of Consumer Fireworks.
Any significant deviation, enlargement or alteration from the approved site plan
for the storage areas covered by the license must be pre -approved in writing by
the City's fire department. The tet.l quantttef�onsurer Fditwerks stared on
ani prrperty shall net rxeeed 1{IO poufs. Buildings used for the storage of
Consumer Fireworks shall be one-story, without a basement, non-residential,
and fully protected by an automatic fire -sprinkler system. Buildings used for the
storage of Consumer Fireworks that are also used for other purposes shall store
the Consumer Fireworks in a room or area used exclusively for the storage of
Consumer Fireworks having interior walls with a minimum fire -resistance rating
of one (1) hour and having doors with a minimum fire -resistance rating of forty-
five (45) minutes. Buildings used for the storage of: Consumer Fireworks must be
located at a minimum distance of seventy (70) feet from inhabited buildings and
thirty-five (35) feet from public highways and other storage buildings.
These ordinance changes shall be in full force and effect upon passage by the City
Council and publication of the Ordinance or a Summary thereof in the City's official
newspaper.
First Reading: Waived
Second Reading: Waived
Adopted: June 10, 2008
ATTEST:
City Clerk
Publish:
Mayor
FUTURE COUNCIL AGENDA ITEMS
June 3, 2008
Meeting
Date
Meeting
Type
Staff
Items/Issues
June 24
Regular
Planning Commission items from June 17
City Manager
Appointing Members to the Single Garbage Hauler Task Force
Tautges, Redpath
Audit Presentation
Close Landscaping
Emerald Park Proposal
July 8
Regular
July 22
Regular
Planning Commission items from July 15
City Engineer
Accept Feasibility Report and Order Plans and Specifications for 2009
Street Project
City Manager
Quarterly Goals Update
National Night Out Proclamation (Consent Agenda)
July 29
Special
Budget Worksession
August 12
Regular
Approval of Election Judges for Primary Election (Consent Agenda)
August 26
Regular
Planning Commission items from August 19
September 3
Special
5:30 p.m.
Worksession
September 9
Regular
8:00 p.m.
Finance Director
Proposed 2009 Levy
September 23
Regular
Planning Commission items from September 16
September 30
Regular
Special
Joint Meeting with School Board
October 1
Special
5:30 p.m.
Worksession
October 14
Regular
Approval of Election Judges for Presidential Election (Consent Agenda)
October 28
Regular
Planning Commission items from October 21
City Manager
Quarterly Goals Update
November 5
Special5:30 p.m.
Worksession
November 11*
November 25
Regular
Planning Commission items from November 18
December 3
Special
5:30 .m.
Worksession
December 9
Regular
December 23
Regular
Planning Commission items from December 16
* Need to change date due to Holiday
June 2008
Monthly Panner
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MondaySunday
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Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
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Salo
8
9
10
11
12
13
14
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15
16
17
18
19
20
21
Planning
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meeting
22
23
24
25
26
27
28
City Council
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29
30
May 2008
Jut 2008
S M T W T F S
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4 5 6 7 8 9 10
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S M T W T F S
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1 2 3 4 5 6 7
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S M T W T F S
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