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HomeMy WebLinkAboutCC PACKET 06242008H.R.A. Meeting irnrnediately FoHowv ig regular rneeting CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA June 24, 2008 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items: 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. There will be no separate discussion of these iterns rimless a Cornrcihrrember or citizen so regriests, in which event the iters will be renroved from the Consent Agenda and placed elsewhere on tire agenda. A. Approval of June 10, 2008, Council Meeting Minutes. (pp.1 - 6) B. Licenses and Permits. (p. 7) C. Claims. (pp. 8 -10) D. Resolution 08-042; Accepting a Donation from Wal-Mart Corporation to the St. Anthony Fire Department. (pp. 11-12) E. Resolution 08-043; Approving the 2008 Republican National Convention Joint Powers Agreement. (pp. 13 - 30) IV. Public Hearing. V. Reports from Commission and Staff. VI. General Business of Council. A. 2007 Audit Presentation. Peggy Moeller, Tautges Redpath, presenting. (pp. 31- 50 and booklet) B. Tabled from May 27th meeting: Resolution 08-037; Proposal for Facility Assessment Services from Sebesta Blomberg and Associates, Inc. with the funding source for this project being HRA Projects Fund #319. Mike Mornson, City Manager,presenting. (pp. 51- 59) C. Tabled from June 101th meeting: Resolution 08-040; Awarding a Bid for the Water Reuse Facility Project. Todd Hubmer, WSB & Associates. (pp. 60 - 69) D. Resolution 08-044; Approval of the First Amendment to the Hennepin County Construction Agreement. (pp. 70 - 71) VII. Reports from City Manager and Council members. VIII. Community Forum. Individitals may address the City Council about any item not inchided on the regular agenda. Speakers are requested to corse to the podhim, sign their natne arrd address on the fonn at the podium, state their name arrd address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Conncil will not take official action on items discussed at this time, but may typically refer the matter to staff for a fidtire report or direct the matter to be scheduled on an ripcorning agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable comnrrrnity, a walkable village, which is safe and secure. ZACouncil Meetings12008106242008\agenda.doe 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 10, 2008 4 5 CALL TO ORDER. 6 7 Mayor Pro Tem Thuesen called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Pro Tem Thuesen invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Pro Tem Thuesen; Councilmembers Roth and Stille. 16 Absent: Mayor Faust and Councilmember Gray. 17 Also Present: City Manager Mike Morrison and City Engineer Todd Hubmer. 18 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF JUNE 10, 2008 CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the City 26 Council Meeting Agenda of June 10, 2008. 27 28 Motion carried unanimously. 29 30 II. PROCLAMATIONS AND RECOGNITIONS. 31 32 None. 33 34 III CONSENT AGENDA. 35 36 A. Consider May 27, 2008 Council meeting minutes. 37 B. Consider licenses andep rmits. 38 C. Consider payment of claims. 39 D. Resolution 08-038; Renewal of Municipal Insurance Coverage and the Waiver of Tort 40 Liability Limits for the League of Minnesota Cities Insurance Program. 41 E. Resolution 08-039; Execution of a Joint Cooperation Agreement between the City of St. 42 Anthony and Hennepin County for Participation in the Urban Hennepin County 43 Community Development Block Grant Program in FY 2009-2011. 44 45 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve the Consent 46 Agenda items. 47 48 Motion carried unanimously. 49 City Council Regular Meeting Minutes June 10, 2008 Page 2 IV. PUBLIC HEARING. None. V. REPORTS FROM COMMISSION AND STAFF. None. 9 VI. GENERAL BUSINESS OF COUNCIL. 10 11 A. Consider Resolution 08-040; Accepting the Bid for the Water Re -Use Proiect. Todd 12 Hubmer, WSB & Associates, presenting. 13 14 City Engineer Hubmer stated Resolution 08-040 authorizes the acceptance of the bid for the 15 Water Re -Use Project. Based on the review of finances and the bid package that has been 16 presented, staff is currently working with Hennepin County to resolve funding issues associated 17 with the project. Staff recommends tabling the resolution until the issues are resolved. 18 19 Councilmember Stille asked if tabling the resolution will impact the ability to complete the 20 project in a timely manner. 21 22 City Engineer Hubmer replied the completion date may need to be extended a couple of weeks. 23 Staff is working feverishly towards a resolution. 24 25 City Manager Morrison asked how many days the City is allowed to hold the bid. 26 27 City Engineer Hubmer replied up to 90 days. He indicated staff would like to get the project 28 done in connection with the Silver Lake Road Project and before winter. 29 30 Motion by Councilmember Stille, seconded by Councilmember Roth, to table Resolution 08-040, 31 Accepting the Bid for the Water Re -Use Project. 32 33 Motion carried unanimously. 34 35 B. Consider Resolution 08-041; Ordering Feasibility Report for the 2009 Street 36 Reconstruction Project. Todd Hubmer, WSB & Associates _p 37 38 City Engineer Hubmer reviewed the resolution with the Council, outlined the location of the 39 2009 Street Reconstruction Project, and reviewed the proposed project schedule. 40 41 Councilmember Stille asked if neighborhood meetings will be attended by the tenants or owners 42 of commercial property and high density housing that is included in the project area. 43 44 City Engineer Hubmer replied in many cases both the owner and the tenants of commercial 45 property attend the meetings. Staff will notify the owners of condominium units and apartments 46 and encourage them to post information for the residents to attend the meeting. City Council Regular Meeting Minutes June 10, 2008 Page 3 2 Councilmember Stille verified with City Engineer Hubmer that the reconstruction project is 3 driven by the watermain breaks that have been occurring. City Engineer Hubmer indicated in 4 addition the pavements are not holding up to their life span and are rapidly deteriorating. 6 Councilmember Roth verified with City Engineer Hubmer that this is the only street 7 reconstruction project planned for 2009. He asked if this project will result in a different project 8 being pushed back. 10 City Engineer Hubmer replied there was a tentative schedule established based on a number of 11 different items. There were a number of segments along the 36°i Avenue area of Silver Lake 12 Road that had been considered in order to complete projects on the west side of Silver Lake 13 Road. These projects will be delayed one year due to this project. 14 15 Councilmember Roth inquired about the split between commercial and residential properties 16 included in the project. 17 18 City Engineer Hubmer replied the project consists of about 75% residential properties, which 19 mostly includes mti tli-family dwellings; the remainder of the properties are commercial and 20 industrial. 21 22 Mayor Pro Tem Thuesen inquired about improvements in the past ten years in relation to holding 23 neighborhood meetings and communicating to the residents about these types of projects. 24 25 City 'Engineer Hubmer replied each year staff has learned something new and tried to improve 26 communication. They have added additional neighborhood meetings, information is included in 27 the City newsletter, and magnets are distributed with contact information. 28 29 Councilmember Roth asked if both Foss Road and Chandler Drive will be built to commercial 30 specifications. 31 32 City Engineer Hubmer replied Foss Road north of 37'1' Avenue to where it joins Chandler Drive 33 will be more of a residential street; the properties in this area are mostly multi -family residential. 34 Chandler Drive north of 37'x' Avenue, including the portion that becomes Foss Road north to the 35 City boundaries will be designed to a higher standard; this portion has large trucks and heavy 36 industrial traffic. 37 38 Councilmember Stille asked if there has been consideration of past discussions about the need to 39 be flexible in planning. 40 41 City Engineer Hubmer stated the CIP is reviewed each year. He noted there may be situations 42 where a road deteriorates quicker than expected and they may switch gears and get into that 43 project sooner than expected. 44 45 Mayor Pro Tem Thuesen asked at what point there will be a sense on the bids that will be 46 received. City Council Regular Meeting Minutes June 10, 2008 Page 4 City Engineer Hubmer replied there will likely be a large number of bids submitted due to the current conditions in the housing industry and the little work that is available for contractors. Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 08- 041, Ordering Feasibility Report for the 2009 Street Reconstruction Project. 8 Motion carried unanimously. 9 10 City Engineer Hubmer provided an overview of the Silver Lake Road Project. He stated staff is 11 staying in touch with Hennepin County and coordinating efforts. The project is moving along 12 very well. 13 14 Councilmember Roth inquired about the status of the 2007 Street Reconstruction Project. 15 16 City Engineer Hubner stated punch list items are being completed on the 2007 Street 17 Reconstruction Project. The project should be complete in the next few weeks. 18 19 C. Consider Ordinance 08-006; Amending Section 580 Fireworks Dealers. 20 21 City Manager Morrison reviewed the ordinance with the Council and indicated that staff has 22 noticed that the current City ordinance restricts the total quantity of consumer fireworks stored 23 on any property from exceeding 100 pounds. Minnesota Statute 624.20 states "A local unit of 24 government may not..., prohibit or restrict the display of items for permanent or temporary retail 25 sale authorized under paragraph (c) that comply with National Fire Protection Association 26 Standard 1124." He stated there is not a weight limit in Standard 1124. City Manager Morrison 27 explained the weight limit was likely included in the City ordinance in order to limit gas stations 28 or smaller commercial stores from putting up tents for the sale of fireworks. However, Wal-Mart 29 and Cub are the only businesses that applied for a permit in 2007, and at this point are the only 30 two that have applied for a 2008 permit. City Manager Morrison stated staff recommends 31 waiving the first and second reading of the ordinance and adopting the proposed ordinance 32 tonight. 33 34 Councilmember Stille verified with City Manager Morrison that the current ordinance cannot be 35 enforced according to State Statute. 36 37 Motion by Councilmember Stille, seconded by Councilmember Roth, to waive the First Reading 38 and Second Reading, approve the Third Reading, and adopt Ordinance 08-006; Amending 39 Section 580 Fireworks Dealers. 40 41 Motion carried unanimously. 42 43 VII. REPORTS FROM CITY MANAGER AND COUNCII. MEMBERS. 44 45 Councilmember Stille thanked staff for their work in hosting the visitors from the Sister City of 46 Salo, Finland last week. He stated it was a good week of sharing and learning from one another. 0 City Council Regular Meeting Minutes June 10, 2008 Page 5 They are reminded that they are alike, but similar in many ways. They take comfort with the similarities and learn from the differences. One of the differences is that Salo is going through the consolidation of about ten different cities. He thanked the Sister City Committee for entertaining the guests and encouraged interested residents to become involved with the Sister City Committee. 7 Councilmember Roth reported on attending the Park Commission meeting on Monday, June 9°i. 8 He stated there was a discussion on the plans for the Emerald Park Project. Over the next couple 9 of months the Park Commission will be engaging the public again in reviewing the plan that has 10 been out for a couple of years, and possibly see if they could move that forward as a project to be I 1 started and completed next year of funding is available. He thanked Randy for the work in 12 coordinating last week's activities with the delegation from Salo. 13 14 Mayor Pro Tem Thuesen reported lie had an opportunity to spend time with the delegation from 15 Salo. One thing that was reaffirmed to him was how much St. Anthony and the Sister City are 16 alike. Salo is dealing with many of the same issues and concerns as St. Anthony, including an 17 energy crisis, similar social issues, and a housing crisis. Ile commended Councilmember Stille 18 for all the effort put into the Sister City visit and thanked staff for their efforts. 19 20 City Manager Morrison reported the deadline to submit applications for the Single Garbage 21 Hauler Task Force is Friday this week He suggested extending the deadline to July 17, 2008 22 with the task force appointed at the July 22, 2008 City Council meeting. This would allow time 23 to submit an article on the Task Force in the City newsletter. 24 25 It was noted that it would be beneficial to have an article included in the City newsletter with the 26 hope of having more participants in the Task Force. 27 28 Motion by Councilmember Roth, seconded by Councilmember Stille, to extend the application 29 period for joining the Single Garbage Hauler Task Force to July 17, 2008. 30 31 Motion carried unanimously. 32 33 City Manager Mornson reported the following: 34 a The audit presentation will be included on the June 24, 2008 City Council meeting 35 agenda. 36 ® The City will be receiving an updated proposal on energy efficiency of all city buildings. 37 e Overview of the schedule for the Emerald Park Construction Project 38 ■ There are currently no agenda items scheduled for the July 8, 2008 City Council meeting. 39 In the past, the first meeting in July has usually been cancelled. A decision on this can be 40 made at the next City Council meeting. 41 42 VIII. COMMUNITY FORUM. 43 44 Mayor Pro Tem Thuesen invited residents to come forward at this time and address the Council 45 on items that are not on the regular agenda. 46 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 City Council Regular Meeting Minutes June 10, 2008 Page 6 Hearing none, Mayor Pro Tem Thuesen moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. None. X. ADJOURNMENT. Mayor Pro Tem Thuesen adjourned the meeting at 7:42 p.m. Respectfully submitted, Carol Hamer TimeSaver Of Site Secretarial, Inc. ATTEST: City Clerk Mayor Pro Tem Motion carried unanimously. C Saint Anthony Village DATE: June 24, 2008 Approved: TO: Mayor and Councilmembeis FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: The Wirth Companies, Minneapolis, MN 3.2 Beer License: Gross Golf Course, St. Anthony, MN U.S. BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 9462 GOVERNMENT FINANCE OFCRS 6672 6/13/2008 $830.00 20 AA BATTERY CO 6680 6/25/2008 $66.12 9584 ABLE HOSE & RUBBER, INC. 6681 6/25/2008 $17.47 8897 ACCESS SYSTEMS INC 6682 6/25/2008 $150.00 8964 ACCLAIM BENEFITS 6683 6/25/2008 $132.00 .00171 ADDINGTON/CHRISTINE 6684 6/25/2008 $50.00 8471 AIRGAS NORTH CENTRAL 6685 6/25/2008 $121.03 8621 ALLIANCE MECHANICAL 6686 6/25/2008 $418.00 8450 ANIMAL CONTROL SERVICES, 6687 6/25/2008 $207.84 7835 ARCH WIRELESS-METROCALL 6688 6/25/2008 $38.00 8794 ARCTIC GLACIER INC. 6689 6/25/2008 $709.22 4687 ASPEN WASTE SYSTEMS INC 6690 6/25/2008 $63.42 8511 AT&T MOBILITY 6691 6/25/2008 $57.77 9018 BCA -BTS 6692 6/25/2008 $100.00 4293 BELLBOY CORP. 6693 6/25/2008 $9,966.25 8555 BIFFS, INC. 6694 6/25/2008 $285.82 9060 BLAINE LOCK & SAFE INC. 6695 6/25/2008 $87.50 .00172 BONDE/RICHARD 6696 6/25/2008 $15.00 9148 BRW ENTERPRISES 6697 6/25/2008 $180.00 9058 CADBURY SCHWEPPES BOTTLI 6698 6/25/2008 $360.50 4231 CAPITOL BEVERAGE SALES 6699 6/25/2008 $28,726.30 8652 CARTRIDGE CARE 6700 6/25/2008 $483.78 610 CATCO 6701 6/25/2008 $94.21 2380 CENTERPOINT ENERGY 6702 6/25/2008 $6,892.52 4080 CHISAGO LAKES DIST, CO., 6703 6/25/2008 $1,286.83 9056 CITY OF ROSEVILLE 6704 6/25/2008 $2,622.58 8275 CITY OF ST. PAUL 6705 6/25/2008 $1,104.70 8814 CITY WIDE WINDOW SERVICE 6706 6/25/2008 $171.45 4095 COCA COLA BOTTLING COMPA 6707 6/25/2008 $1,184.60 9174 DAY DISTRIBUTING CO 6708 6/25/2008 $58.00 8219 DEX MEDIA EAST 6709 6/25/2008 $76.00 1411 DON HARSTAD CO., INC. 6710 6/25/2008 $422.06 .00173 DOOLEY/HELEN 6711 6/25/2008 $50.00 820 DORSEY & WHITNEY 6712 6/25/2008 $137.50 8698 EHLERS & ASSOCIATES, INC 6713 6/25/2008 $185.00 8362 EMBEDDED SYSTEMS, INC. 6714 6/25/2008 $455.40 8604 EMERGENCY APPARATUS 6715 6/25/2008 $795.00 9604 EMERGENCY VEHICLE SERVIC 6716 6/25/2008 $63.84 8647 FRATTALLONE'S HARDWARE 6717 6/25/2008 $97.27 9236 FSH COMMUNICATIONS 6718 6/25/2008 $127.80 1030 G & K SERVICES INC 6719 6/25/2008 $416.47 .00174 GALLAGHER/DICK 6720 6/25/2008 $50.00 7335 GCR 6721 6/25/2008 $46.00 1250 GRAINGER 6722 6/25/2008 $39.40 4172 GRAPE BEGINNINGS, INC. 6723 6/25/2008 $631.00 4175 GRIGGS COOPER & CO INC 6724 6/25/2008 $14,829.83 9594 HAIR MAR LOCK 6725 6/25/2008 $55.00 8944 HENN CNTY INFO TECH DEPT 6726 6/25/2008 $3,228.75 1505 HENNEPIN COUNTY SHERIFF 6727 6/25/2008 $327.08 9214 HENNEPIN COUNTY TAXPAYER 6728 6/25/2008 $11.11 S; U.S. BANK ST. ANTHONY VILLAGE CHECK REGISTER 8987 HENNEPIN COUNTY TREASURE 6729 6/25/2008 $294.00 9204 HENRY SCHEIN, INC. 6730 6/25/2008 $169.60 9160 HEWLITT PACKARD COMPANY 6731 6/25/2008 $990.63 4207 HOHENSTEIN'S, INC 6732 6/25/2008 $4,858.55 8252 HOME DEPOT CREDIT SERVIC 6733 6/25/2008 $402.82 9492 HYDROLOGIC 6734 6/25/2008 $50.89 8658 INSTRUMENTAL RESEARCH, I 6735 6/25/2008 $85.50 9597 INTERNATIONAL CODE COUNC 6736 6/25/2008 $431.59 4125 JJ TAYLOR DISTRIBUTING 6737 6/25/2008 $32,901.30 8349 JOHN'S SOD 6738 6/25/2008 $161.03 4220 JOHNSON BROTHERS LIQUOR 6739 6/25/2008 $24,144.58 4229 LARSON/MICHAEL 6740 6/25/2008 $204.02 9601 LESCO, INC. 6741 6/25/2008 $351.76 2040 LILLIE SUBURBAN NEWSPAPE 6742 6/25/2008 $252.38 8229 LOFFLER BUSINESS SYSTEMS 6743 6/25/2008 $135.26 9114 M. AMUNDSON LLP 6744 6/25/2008 $2,477.21 2125 MALENICK/JOHN 6745 6/25/2008 $63.88 2130 MAMA 6746 6/25/2008 $25.00 4265 MARK VII SALES INC 6747 6/25/2008 $26,150.75 2160 MARSHALL CONCRETE PROD 6748 6/25/2008 $482.44 8245 METRO FIRE 6749 6/25/2008 $295.76 9459 MIDC ENTERPRISES 6750 6/25/2008 $181.67 2280 MIDWEST ASPHALT CORP 6751 6/25/2008 $193.32 8423 MINNESOTA CHIEF OF POLIC 6752 6/25/2008 $14.80 8494 MINNESOTA MUNICIPAL 6753 6/25/2008 $213.00 8545 MIRACLE RECREATION EQUIP 6754 6/25/2008 $1,397.78 9195 MISTER CAR WASH 6755 6/25/2008 $171.29 7356 MOORS-SYKES/KIM 6756 6/25/2008 $412.60 4299 MPLS. OXYGEN CO. 6757 6/25/2008 $9.15 9475 NEOPOST LEASING 6758 6/25/2008 $233.52 9523 NORTHSTAR INSPECTION SER 6759 6/25/2008 $33,445.41 9354 NORTHWESTERN POWER EQUIP 6760 6/25/2008 $15,517.05 45 OFFICE DEPOT 6761 6/25/2008 $870.65 5168 OHL/JOHN 6762 6/25/2008 $234.76 1230 ONE CALL CONCEPTS, INC. 6763 6/25/2008 $452.00 8528 PACE ANALYTICAL SERVICES 6764 6/25/2008 $285.00 9275 PAT KERNS WINE MERCHANTS 6765 6/25/2008 $67.50 4354 PAUSTIS & SONS 6766 6/25/2008 $3,589.48 9563 PETTY CASH - U.S. BANK 6767 6/25/2008 $110.28 4360 PHILLIPS WINE & SPIRITS 6768 6/25/2008 $26,492.25 4161 PREMIUM WATERS, INC 6769 6/25/2008 $50.00 9180 PROFESSIONAL TURF & RENO 6770 6/25/2008 $798.75 4385 QUALITY WINE CO 6771 6/25/2008 $23,245.51 4492 QWEST 6772 6/25/2008 $689.40 9119 RECHECK 6773 6/25/2008 $15.00 .00175 ROOT/HAROLD 6774 6/25/2008 $15.00 9182 SAM'S CLUB 6775 6/25/2008 $179.89 8199 SIGNATURE CONCEPTS, INC. 6776 6/25/2008 $490.05 9402 SOFTWARE HOUSE INTERNATI 6777 6/25/2008 $322.70 2420 STAR TRIBUNE 6778 6/25/2008 $850.00 3490 STREICHER'S 6779 6/25/2008 $4,221.73 4780 SURLY BREWING CO 6780 6/25/2008 $360.00 61 U.S. BANK ST. ANTHONY VILLAGE 10 CHECK REGISTER 7337 TIMESAVER OFF SITE SECRE 6781 6/25/2008 $152.75 3560 TRACY PRINTING 6782 6/25/2008 $376.47 8824 TRI -COUNTY BEVERAGE, INC 6783 6/25/2008 $376.80 8859 U.S. BANK 6784 6/25/2008 $10,062.50 9590 U.S. BANK 6785 6/25/2008 $149.06 8010 UNIFORMS UNLIMITED 6786 6/25/2008 $48.95 8336 UNITED ELECTRIC COMPANY 6787 6/25/2008 $38.07 4451 VINOCOPIA 6788 6/25/2008 $709.08 9366 WAL-MART BUSINESS CENTER 6789 6/25/2008 $325.92 4494 WASTE MANAGEMENT - BLAIN 6790 6/25/2008 $472.93 8887 WELLS FARGO BANK MACN93 6791 6/25/2008 $1,200.00 8316 WINE COMPANY/THE 6792 6/25/2008 $1,505.25 8310 WINE MERCHANTS INC 6793 6/25/2008 $1,949.15 9364 WIRELESS WORLD 6794 6/25/2008 $103.83 4499 WORLD CLASS WINES, INC. 6795 6/25/2008 $88.00 8273 WSB & ASSOCIATES, INC. 6796 6/25/2008 $89,652.25 2680 XCEL ENERGY 6797 6/25/2008 $7,321.40 830 ZEE MEDICAL SERVICE 6798 6/25/2008 $111.85 TOTAL $403,228.17 11 Ill ��10I1�` t la Report Date: Meeting Date: R1F6-?kEs Z-EQR 00(, rNCIL OON,2T)F7-/vN June 17, 2008 Agenda Section: IIID. June 24, 2008 ITEM DESCRIPTION: Resolution 08-042; Accepting a donation from Wal*Mart Corporation to the St. Anthony Fire Department MANAGER'S REVIEW: The St. Anthony Fire Department received a donation from the Wal*Mart Corporation. This donation will be used for the purchase of miscellaneous equipment for the fire station. Michael Mornson City Manager Attachments: • Resolution 08-042; Accepting a donation from Wal*Mart Corporation to the St. Anthony Fire Department DCouncil Meetings12008%05132008Lstaff walmart donation.doc - i - CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-042 A RESOLUTION ACCEPTING A DONATION FROM WAL*MART CORPORATION TO THE ST. ANTHONY FIRE DEPARTMENT WHEREAS, the City of St. Anthony's Fire 'Department received a donation from the Wal*Mart Corporation in the amount of $1,500.00; and WHEREAS, the City of St. Anthony's Fire Department will use this donation to purchase miscellaneous equipment for the fire station. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby accepts the donation from Wal*Mart Corporation to the St. Anthony Fire Department. Adopted this 24nd day of Lune 2008. Mayor ATTEST: City Clerk Review for Administration: City Manager /.:\Council Mectings\2008\06242008\ics08042 donation Gom walmarldoc 12 11 "ad 61a hon�C1g Report Date: Meeting Date: ITEM DESCRIPTION: MANAGER'S REVIEW: Attachments: June 17, 2008 June 24, 2008 Agenda Section: IIID. Resolution 08-042; Accepting a donation from Wal*Mart Corporation to the St. Anthony Fire Department The St. Anthony Fire Department received a donation from the Wal*Mart Corporation. This donation will be used for the purchase of miscellaneous equipment for the fire station. Michael Mornson City Manager • Resolution 08-042; Accepting a donation from Wal*Mart Corporation to the St. Anthony Fire Department ZACouncil Meethigs1200$10513200$lstaff walmart donation.dee - 1 - 14 JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this twenty-fourth day of June, 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD") and the City of St. Anthony, a municipal corporation, acting through its Police Department (hereinafter referred to as the "Provider"). WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul -Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above-described locations shall be collectively referred to as the "Security Event"); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the St. Anthony Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the "RRT"), comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the sole and exclusive purpose of 1 15 providing public safety-related aid and assistance to law enforcement organizations throughout the greater Saint Paul -Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: 1 PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON- LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the .Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non -LPGs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non -LPGs, the SPPD will so notify the Provider in writing of the conditions by which the Non-LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, 2 16 Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section I of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul -Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the terra of this Agreement and subject to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not 17 limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non -LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the tern of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non -LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a "Security Event Training Session") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment' status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific job task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non -LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session and/or the Security Event. For purposes of this Agreement "after action activities" may include, but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command"). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the 19 requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non -LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one-half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non -LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non -LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre -approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non -LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non -LPO in the Security Event as required by the SPPD; or (b) such LPO or Non -LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non -LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Porro attached hereto as Attachment P, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. TERM OF AGREEMENT 20 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event TralnlnQ Sessionfsl — The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Security Event - The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non -written notice provided to Provider. BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the Reimbursement Payment Form, referenced in Attachment F, attached hereto, 7 21 must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: '7 certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. "; and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder: (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 22 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: John Ohl Chief of Police Dominic Cotroneo Captain WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "YVork product " shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records " shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or 23 required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 1.3.05, Subd. 6 and 11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or 10 24 government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. 11 INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each LPO and Non -LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by reference. 11. 1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non- LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non- LPOs and any dependants of such LPGs and Non-LPOs, even if the injuries were caused 11 25 wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPI?D and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law 12 0 immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 By the City - The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 By the Provider - The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; 13 27 D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person ftom its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional 14 schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: 20 WAIVER To Provider: St. Anthony Police Department Attention: John Ohl 3301 Silver Lake Road St. Anthony, MN 55418 Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or 15 29 current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. 24 ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL By: -- Its: Mayor Date: Approval Recommended: By: Its: Chief of Police Saint Paul Police Department By: Its: Director, Office of Financial Services By: Its: Director, Department of Human Rights Approved as to form and legality: By: Its: Assistant City Attorney CITY OF ST. ANTHONY By: --- Its: Mayor Date: Approval Recommended: By: Its: City Manager By: Its: Chief of Police St. Anthony Police Department Funding: Provider's Taxpayer I.D. No.: Activity # and Activity Manager Signature MN-8025013/Federal-416005512 16 CITY OF ST. ANTHONY VILLAGE A RESOLUTION TO APPROVE THE JOINT POWERS AGREEMENT BETWEEN THE ST. ANTHONY POLICE DEPARTMENT AND THE ST. PAUL POLICE DEPARTMENT DURING THE 2008 REPUBLICAN NATIONAL CONVENTION WHEREAS, the City of St. Anthony's Police Department has a mutual aid agreement with the City of St. Paul's Police Department; and WHEREAS, the City of St. Paul's Police Department asked under this mutual aid agreement for the City of St. Anthony's Police Department assistance during the 2008 Republican National Convention; and WHEREAS, the City of St. Paul has created a Joint Powers Agreement for St. Anthony's Assistance during the 2008 Republican National Convention. BE IT THEREFORE RESOLVED, that the City Council of the City of St. Anthony approves the Joint Powers Agreement between the St. Anthony Police Department and the St. Paul Police Department during the 2008 Republican National Convention. Given my hand and seat this 24th day of June, 2008. ATTEST: City Clerk Review for Administration: Mayor City Manager 30 City of St. Anthony, Minnesota 2007 Audit Review June 24, 2008 Member of HLB international Tautges Redpath, Ltd. Reports Issued Comprehensive Annual Financial Report Report on Internal Controls Communication With Those Charged with Governance Member of HLB International K Audit Management Letter State Legal Compliance Report Tautges Redpath, Ltd. Annual Financial Report ♦ Financial statements are the responsibility of management ♦ Independent auditor reports on the fair presentation of the financial statements ♦ "Clean opinion" on the 2007 financial statements Member of HLS International 3 L&JI= Tautges Redpath, Ltd. State Legal Compliance Report ♦ Required by Minnesota Statute §6.65 ♦ OSA established a task force to develop audit guide for legal compliance ♦ Audit guide covers seven categories 1) contracting and bidding 2) deposits and investments 3) conflicts of interest 4) public indebtedness 5) claims and disbursement 6) Other miscellaneous provisions 7) Tax increment financing ♦ One compliance finding Member of HI_B International E Tautges Redpath, Ltd. Report on Internal Control The 2007 Report is based on SAS 112 SAS 112 lowered the threshold for reporting of internal control matters and re -defined internal control deficiencies ♦ Significant Deficiency defined as "a control deficiency that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with GAAP, such that there is more than a remote likelihood that a misstatement of an entity's financial statements that is more than inconsequential will not be ,prevented or detected" Member of HLB International A Tautges Redpath, Ltd. Report on Internal Control ♦Eight deficiencies reported ♦The deficiencies are listed in the Internal Control Report. ♦Finance Department is in the process of reviewing the findings and taking corrective actions. Member of HLB International N Tautges Redpath. Ltd. 2006 Findings ♦ Legal Compliance - Declaration for payment not on check stock - Errors in report of outstanding indebtedness ♦ Internal Control - Disbursement approval Lack of segregation of duties (2007 also) - Lack of journal entry approval - Oversight of financial statement preparation (2007 also) - capital asset depreciation calculation errors (2007 also) Transfers between funds - capital asset additions - Inadequate documentation of internal control - Financial statement misstatements (2007 also) Member of HLB International 7 Tautges Redpath, Ltd. Management Letter +All funds summary: - Fund balance/net assets is $15,498,497. Member of HLB International Tautges Redpath, Ltd. Increase Fund Revenue Expenditures (Decrease) in Balance 1 and Other and Other Transfer Fund Balance / Net Assets Sources Uses/Expenses (Net) Net Assets 12131/07 General $4,614,296 ($4,708,062) $249,900 $156,134 $1,438,359 Special revenue funds 607,165 (538,281) 245,378 314,262 5„650,352 Debt service funds 2,527,141 (2,138,686) - 388,455 3,341,382 Capital project funds 8,523,180 (11,116,400) (47,974) (2,641,194) 1,470,382 Enterprise: Liquor 6,195,743 (5,740,169) (430,000) 25,574 1,986,373 Water and sewer 1,776,380 (1,561,319) (150,356) 64,705 2,020,231 Internal service, Severance 8,917 (48,502) - (39,585) (408,582) Totals $24,252,822 ($25,851,419) ($133,052) ($1,731,649) $15,498,497 Member of HLB International Tautges Redpath, Ltd. Management Letter General Fund: - Fund balance increased $156,134 during 2007. Revenue Expenditures Net increase (decrease) in fund balance Other financing sources (uses): Transfers from other funds Transfers to other funds Net change in General Fund balance Member of HLB International X Final Budget Actual $4,458,900 $4,614,296 Favorable (Unfavorable) Variance $155,396 4,708,800 4,708,062 738 (249,900) (93,766) 156,134 313,000 313,000 - (63,100) (63,100) - $0 $156,134 $156,134 Tautges Redpath, Ltd. Management Letter -- Fund balance at December 31, 2007 was $1,438,359 Member of HLB International 10 Tautges Redpath, Ltd. Increase Year Amount (Decrease) 2003 $1,142,047 2004 13173,965 $31,918 2005 1,187,719 13,754 2006 1,282,225 941,506 2007 1,438,359 156,134 Member of HLB International 10 Tautges Redpath, Ltd. Management Letter -An allocation of General Fund balance at December 31, 2007 is as follows: Reserved for prepaid items Designated: Working capital Self insurance reserve Unemployment reserve Undesignated Total fund balance Member of HLB International 11 $46,543 1,261,452 102,364 28,000 $1,438,359 Tautges Redpath, Ltd. Management Letter - The fund balance available at December 31, 2007 is sufficient to meet the City's policy for minimum fund balances as follows: 2008 budget Less: Police services to other cities Net 2008 budget Minimum balance City minimum working capital fund balance Amount available at 12/31/07 Actual percent of budget Member of HLB International 12 (942,600) 4,056,000 30% $1,216,800 $1,261,452 31% Tautges Redpath, Ltd. Management Letter - General Fund: • Alternative calculation of cash flow and contingency designations: Calculation of Cash Flow Designation 2008 levy * $2,796,900 Applicable percentage 50% Recommended cash flow designation $1,398,450 *Includes market value homestead credit aid. 2008 tax levy Applicable percentage Contingency designations Total cash flow and contingency designations St. Anthony working capital designation Member of HLB International 13 $2,796,900 10% $279,690 $1,678,140 $1,261,452 Tautges Redpath, Ltd. Management Letter -Water and Sewer Enterprise Fund: • Water operations for the past three years is as follows: $900,000 $830,000 $300,000 $750,000 $700,000 $630,000 $600,000 $550,000 $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000$100,000 $50,000 -PLI $ $900,000 $850,000 Water Operations $500,000 Revenue and $750,000 Expenses $700,000 $650,000 $600,000 $550,000 $500,000 $450,000 if Operating f Operaling Revenue $400,000 $350,000 $300.000 $250,000 $200,000 $130,000 $50,000 $ 2005 2006 2007 • The City increased water rates effective January 1, 2007. Member of HLB International 14 LLM Tautges Redpath, Ltd. Management Letter - Water and Sewer Enterprise Fund: • Sewer operations for the past three years is as follows: $900,000 $900,000 Server Operations Revenue $500,000 $800,000 and Expenses $700,000 $700,000 $600,000 $600,000 $500,000 $500,000 M Other Operating Expenses = MCES $400,000 $400,000 —+—Operating Revenue $300,000 $300,000 $200,000 $200,000 $100,000 $100,000 $ - $ - 2005 2006 2007 • Where was no change to sewer rates in 2006 or 2007 Member of HLB International 15 Im Tautges Redpath, Ltd. Management Letter - Liquor Fund: • 2047 net income before transfers is $455,574. • An analysis of 2007 activity is as follows: Member of HLB International 16 Tautgies Redpath, ltd. Market Place Silver Lake Village 2007 Amount Percent Amount Percent Amount Percent Operating revenues $3,063,474 100.0% $3,123,711 100.0% $6,187,185 100.0% Cost of goods sold 2,336,790 76.3% 2,374,716 76.0% 4,711,506 76.1% Gross margin 726,684 23.7% 748,995 24.0% 1,475,679 23.9% Other operating expenses 480,402 15.7% 504,975 16.4% 985,377 15.9% Net income from operations 246,282 8.0% 244,020 7.6% 490,302 7.9% Net nonoperating revenues (expenses) (11,196) 0.2% (23,532) 0.8% (34,728) (0.6%) Income before transfers $235,086 7.8% $220,488 7.1% $455,574 7.4% Member of HLB International 16 Tautgies Redpath, ltd. Management Letter - Liquor Fund: • Operating Expenses - Operating expenses for the past four years have been as follows: Member of HLB International 17 L' Tautges Redpath, Ltd. Percent of Sales Year Amount City State Avg. 2004 $678,419 17.8% 17.9% 2005 8545207 16.1% 17.9% 2006 929,338 16.0% 18.0% 2007 985,377 15.9% Not Available Member of HLB International 17 L' Tautges Redpath, Ltd. s 's0 Management Letter i HRA - Total HRA Fund balance is $1,963,429. The fund balance in the various accounts are as follows at December 31, 2007: Member of HLB International S Tautges Redpath, Ltd, Fund Balance (Deficit) CAFR CAFR Fund 12131/07 Statement Exhibit. General HRA (special revenue fund) $82,811 Statement 12 Debt Service: 1996A Apache (Cub Foods) 521,778 Exhibit 1 Public Facilities Revenue Bonds 410,539 Exhibit 1 Total HRA Debt Service 932,317 Statement 3 HRA Projects: Chandler Place TIF 280,432 Exhibit 3 Apache (Wal-Mart) TIF 494,753 Exhibit 3 HRA Directed Projects 173,116 Exhibit 3 Total HRA Projects 948,301 Statement 3 Total HRA $1,963,429 Member of HLB International S Tautges Redpath, Ltd, Communication with Those Charged with Governance ♦ Required communications (SAS 114): — Audit firm responsibilities under US audit standards — Planned scope and timing of audit — significant audit results — Difficulties encountered in performing the audit — corrected and uncorrected misstatements — Disagreements with management — Management representations — consultations with other auditors — Other audit findings or issues Member of HLB International 19 Tautges Redpath, Ltd. Communication with Those Charged with Governance — Other Matters • Certificate of Excellence in Financial Reporting received for 200+6 CAFR • New audit standards for 2007 (SAS 104-111) —City documented internal controls Member of WLB International 20 Tautges Redpath, Ltd. Tautges Redpath, Ltd. Certified Public Accountants and Consultants COMMUNICATION WITH THOSE CHARGED WITH GOVERNANCE To the Honorable Mayor and Members of the City Council City of St. Anthony, Minnesota We have audited the financial statements of the governmental. activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of St. Anthony, Minnesota (the City) for the year ended December 31, 2007, and have issued our report thereon dated June 5, 2008. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under U.S. Generally Accepted Auditing Standards and Government Auditing Standards As stated in our engagement letter dated July 25, 2007, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. As part of our audit, we considered the internal control of the City. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Planned Scope and Timing of the Audit We performed the audit according to the planned scope identified in our engagement letter and within our anticipated timeframe. We also provided for a two-way dialogue with you at the beginning of our audit in a discussion on February 12, 2008. Significant Audit Results Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the City are described in Note I to the financial statements. No new accounting policies 4810 White Bear Parkway White Bear Lake, Minnesota 55110 I 651 426 7000 651 426 5004 Fax I www.hlbtr.com HLB Tau tges Redpath, Ltdis a member of IM IntemaiionnL a world-wide ofgamiauon of accounting loins and business adnsois I Equal opporlumEy Employer City of St Anthony, Minnesota Communication With Those Charged With Governance June 5, 2008 Page 2 were adopted and the application of existing policies was not changed during 2007. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about fume events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were management's estimates of depreciation and fair value of investments which are based on estimated useful lives and broker statements. We evaluated the key factors and assumptions used to develop the estimates of depreciation and fair value of investments in determining that they are reasonable in relation to the financial statements taken as a whole. The disclosures in the financial statements are neutral, consistent, and clear. Certain financial statement disclosures are particularly sensitive because of the significance to financial statement users. The City does not have any particularly sensitive disclosures in its financial statements. Difficulties Encountered in Performing the Audit During the course of our audit we were given several versions of workpapers for multiple audit sections. Inaccurate information presented on the original and subsequent versions necessitated additional audit time and procedures. Corrected and Uncorrected Misstatements Professional standards require its to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The attached schedules summarize uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The following material misstatements detected as a result of audit procedures were corrected by management: ad.justnents to capital assets, contracts payable, retainage payable, accounts receivable and special assessments. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. City of St. Anthony, Minnesota Communication With Those Charged With Governance June 5, 2008 Page 3 Management Representations We have requested certain representations from management that are included in the management representation letter dated June 5, 2008. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations_ if a consultation involves application of an accounting principle to the government unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. Idowever, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. During the course of our audit, we noted that the City is making some debt payments out of capital project funds. Generally accepted accounting principles (GAAP) dictate that debt payments should be made out of a debt service fund, which is defined as a "Governmental fund type used to account for the accumulation of resources for, and the payment of, general long- term debt principal and interest." 'hhe City's bard issuance documents also dictate that such a fund be used for the repayment of bonds. We recommend that the City establish a debt service fund for all debt issuances. This report is intended solely for the information and use of the City of St. Anthony, Minnesota's City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties. MY 7A� A*oi / Al. 1-11,13 TAUTGLS RI DPATIJ, LTD. White Bear Lake, Minnesota June 5, 2008 I M <V (n N v G O N � X W FA O O U lA V1 (n > N U � W ' W R m N r N IP It i O G J ti to v7 N N � � O G w m o c � 0 Vl N A N N p F' Q' (n N to u o 0 N T � G 0. IU. U O F N U b U J 4N O U G O^ a+ O G W G � A � ami O � N e� w b o m U a G Q p K p O N a p F w W N ja \\» )z )§ \\\ \\ \\\ [ emx j Tautges Redpath, Ltd. Certified Public Accountants and Consultants REPORT ON COMPLIANCE WITH MINNESOTA LEGAL COMPLIANCE AUDIT GUIDE FOR LOCAL GOVERNMENTS To the Honorable Mayor and Members of the City Council City of St. Anthony, Minnesota We have audited the basic financial statements of the City of St. Anthony, Minnesota, as of and for the year ended December 31, 2007, and have issued our report thereon dated June 5, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States of America, and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government promulgated by the State Auditor pursuant to Minnesota Statutes Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions and tax increment financing. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City of St. Anthony, Minnesota complied with the material terms and conditions of applicable legal provisions, except as described in this report in finding 2007-9. This report is intended solely for the information and use of the City of St. Anthony, Minnesota's City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties. Are % &+., 0*0/. HLB TAUTGES REDPATH, LTD. White Bear Lake, Minnesota June 5, 2008 4810 White Bear Parkway White Bear Lake, Minnesota 55110 I 651 426 7000 651 426 5004 Fax I www.hlbtr.com HLB Toutges Redpath. Ltdrs a member of M International, a world-wide organization of accounting firms and business advisors I Equal Opportunely Employer Report on Compliance with Minnesota Legal Compliance Audit Guide for Local Government Page 2 2007-9 Lack of Resolution Accepting Donations Criteria: Minnesota statutes require that all grants or devise of real or personal property accepted by the City be by resolution. MS 465.03 reads in part as follows: 465.03 Gifts to municipalities. Any city, county, school district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every such acceptance shall be by resolution of the governing body adopted by a two-thirds majority of its members, expressing such terms in full. Condition: Pour donations received in 2007 were not accepted by the City by resolution. Cause: The City has not implemented procedures to ensure that all donations or devise of' real or personal property are being acccpted by the City by resolution. Effect: The effect of noncompliance is not determinable. Recommendation: We recommend the City consider altering procedures to comply with Minnesota Statute 465.03. Views of Responsible Officials and Correcfive Action Plan: The City has implemented procedures to insure that all grants, gifts, donations or devises or real or personal property are accepted by the City council by resolution. The resolutions will be approved at a regular council meeting and be kept on file in the City clerk's office. 51 MEMORANDUM DATE: Jude 16, 2008 TO: Mayor and Councilmembers FROM: Jay Hartman, Public Works Director & Mike Morrison, City Manager RE: Sebesta Blomberg & Associates Amended Proposal for City Buildings On June 4, 2008, we received an amended proposal from Sebesta Blomberg & Associates to provide a facility energy assessment for all city owned buildings. The following buildings that included in the assessment are City Hall 1 Community Center, Public Works, hire Station, Water Treatment Facilities, both Liquor Stores and Central Park Pavilion. The proposal from Sebesta Blomberg & Associates will evaluate City Hall Building which includes the following areas with improvement recommendations: Building Systems 1. HVAC Systems including: packaged rooftop units, boilers and hydronic heating system, exhaust systems and controls 2. Electrical Systems including normal electrical and lighting 3. Building envelope including windows and roof Sebesta Blomberg & Associates will provide this scope of service for a fee of $28,500. A copy of a final report will be presented to the city in August. Based on past experience working with this firm on other projects within the city,'we are confident in their ability to provide an excellent project and outcome for the City of St. Anthony. Please let me know if you have any other questions. 52 MEMORANDUM DATE: June 11, 2008 TO: Mike Morrison, City Manager FROM: Roger Larson, Finance Director ITEM: Sebesta Blomberg & Associates — City Hall Improvements Per your direction, I have reviewed and identified a funding source for the $28,500 fee for services from Sebesta Blomberg & Associates for the facility assessment of City Hall. At 12131107, the HRA Projects Fund 9319 had a balance of $105,401. The primary function of this fund is used as a preliminary funding source for projects under consideration or other appropriations designated by the City Council. These funds have come from a variety of redevelopment issues such as the sale of the Kenzie Terrace lots, the 1% administration fee for the Silver Lake Village Project and the Amcon performance penalty. Multiple expenditures have included the payment to Hennepin County for the easement associated with the south end redevelopment, Kenzie Terrace landscaping, funding for Salo Park, the $35,000 payment for the NE Diagonal Trail and most recently the $20,000 allocated for the Johnson Controls study. Recommendation: Council approve Resolution 08-037 designating the HRA Projects Fund 9319 as the funding source for the $28,500 fee for services from Sebesta Blomberg & Associates for the facility assessment of City Hall. 53 < � ,81 Ro o gate Phone:6151-6, -6775 } h<7;evillE 1\4N 5611" 0020 tax: 651G34i9U0 June 4, 2008 Jay Hartman Director of Public Works St, Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 Re: Amended Proposal for Facility Assessment - St. Anthony Buildings Sebesta Blomberg Proposal No. P08002.74 Dear Mr. Hartman: Sebesta Blomberg and Associates, Inc. (Sebesta Blonnbeg) is pleased to present this proposal to provide Facility Assessment Services for the St. Anthony City Hall Building, Fire Station, Public Works Facility, Water Treatment Plant, Liquor Store North, Liquor Store South, Well House #4, Well house #5 and Central Park Building. Sebesta Blomberg is nationally recognized as a premier provider of commissioning and consulting engineering services. Sebesta Blomberg has over 200 employees nationwide with 65 dedicated commissioning professionals and over 20 LLI;D" Accredited Professionals. One aspect that differentiates Sebesta Blomberg from other consulting firms is our ability to provide a combination of planning, design, construction, testing, facilities operations and maintenance experience to successfully and efficiently deliver sustainable technical and business solutions. Our team of professionals has specialized expertise in all areas related to facilities consulting. We have included information with this proposal to apprise you of who we are, what we do and why we are industry leaders. Project Objective The primary objective of this project is to provide a focused facility assessment of the mechanical and electrical systems and building envelope of the City Hall Building, Fire Station, Public Works Facility, Water treatment Plant, Liquor Store North and Liquor Store South in an effort to make recommendations related to: (1) system replacement costs due to age and operating condition and (2) improving the operational efficiency and effectiveness of the buildings to achieve overall energy savings for the City. Scope of Work Sebesta Blomberg proposes the following scope of work for the St. Anthony buildings: 54 Vi F I n ,�' IFA. }i E C ,11"A . 1 t �:t_.7 1. In an effort to quickly become familiar with the buildings, Sebesta Blomberg will request, review and analyze building information per the attached data request form. 2. After receiving and reviewing the building data, Sebesta Blomberg will conduct an on-site facility walk- through of cacti building to execute the following tasks: a. Interview select operations and maintenance staff and energy management personnel to further discuss and understand the facility and its current operational performance characteristics b. Walk through the space to gain first-hand knowledge of the design and current operational conditions of the facility 3. Sebesta Blomberg will create and present a final report that will include all recommendations for replacement with special emphasis on building system performance and energy efficiency. Deliverables Sebesta Blomberg will prepare a final facility assessment report including: 1. An executive summary highlighting our general findings and recommendations 2. A mat ix of all ECOs (Energy Conservation Opportunities) that includes the following: a. Description of tlme ECO b. Estimated first costs associated with implementation of the ECO c. Estimated energy and maintenance savings associated with the ECO 3. List of all design and operational issues discovered during the facility analysis including recommendations for remediation (Building Systems Sebesta Blomberg proposes to provide the services as outlined above to the following building systems: 1. HVAC Systems including: packaged rooftop units, boilers and hydropic heating system, exhaust systems and controls 2. Electrical Systems including normal electrical and lighting 3. Building envelope including windows and roof Clarifications This proposal is based on the following clarifications: 1. The depth of our analysis will be directly related to the Owner's ability to provide the facility data requested with this proposal. All documentation required (as -built drawings, as -built sequence of operations, TAB data, etc.) will be provided prior to the initial site visit. 55 2. This proposal does not include the implementation of any recommendations, nor the measurement and verification of any energy conservation methods if and when implemented by the Owner. Sebesta Blomberg can and will oversee and test the implementation of any recommendations as a modification to this original proposed scope of services. Schedule Sebesta Blomberg proposes the following schedule for implementation of these deliverables: Notice to proceed: June 2008 Documentation request June 2008 Initial site visit: July 2008 Draft preliminary report submission Aug. 2008 Submit final report Aug. 2008 MSM Sebesta Blomberg proposes to provide the above scope of services for a fixed fee of $28,500 including all expenses (travel, phone, reproduction, etc.). If the scope of work should change as the project progresses, Sebesta Blomberg will not expend effort beyond the fixed fee amount without written authorization from the Owner. This proposal is fully negotiable and was developed based on our current understanding of the Owner's expectations for facility assessment activities. We greatly appreciate the opportunity to present this proposal. If you would like to discuss alternatives to our understanding of the scope or would like any clarifications, please contact Larry Jensen at 651-634-7265. Otherwise, if you find our proposal acceptable, please provide us with an appropriate authorization to proceed. We look forward to the opportunity to work with St. Anthony towards a successful implementation of a facility assessment process. Sincerely, Sebesta Blomberg & Associates, Inc. Larry Jensen, PL Cormnissioning Division Leader Project Manager 56 Proposal Accepted By: Signature Name/Position Date The general terms and conditions printed on the attached Ternis and Condition of Agreement hereof are applicable and made a part of this letter Attachments: Data Request Form "Germs and Conditions of Agreement 57 1_ P) STA Data Request Sheet please provide the following for the City Hall facility: 1. Narrative description of facility and its supporting systems 2. facility square footage: 3. Current record drawings/documents for facility to include a. Architectural drawings b. Mechanical drawings c. Mechanical schedules d. Electrical drawings e. Controls schematics and sequences of operation (controls O&M manuals) f. 'Testing, Adjusting and 13alancing ('TAB) rcports 4. Occupancy schedules for equipment 5. Occupancy schedules for facility 6. Hours of operation vs. occupied hours 7. Annual energy consumption information a. Bills i. Natural gas (detailed, monthly, 36 -mouths) ii. Electricity (detailed, monthly, 36 -mouths) b. Current utility rate schedules i. Demand rates ii. Consumption rates 8. A listing of recent infrastructure improvements, modifications, replacements S f B , ,/o �3�tflt/i€1� 1L(_ SlandmdofCare: the Engineer shall poforn its services in accordance wills generally accepted engineering practices. Sa'vices arc tendered widmtn any other warranty, expressed or ire plied and sire hngincer shall be responsible solely for its own negligence. Construction Costs: 77ne Client shall advise the Engincer in win ting befixe design commcncemm�l o f budgetary limila lions fa' the cat o C construction. 'the Gn�neershali endenvm' to work wiftin such limitations and will, if rcquoxtel and included within lliescope of services, submitto the Client an opinion effaceable construction costs. 'Ibis epi pion represents Ihe Engineer's bestjudglnent asadesign professional familiar with the conslnmlion industny.'fhc Clift acknowledges that neither I he Client nor the Gngincer has control over the cell of labor, materials, market or negmialing confit ions, onuetaods by which contractors determine prices rot construction. 'llhe Fortineer docs nod wairautor represent that bidsor negotiated prices will not wiry from its opinions of pmbsbie cost, aid the Client expressly releases any claim for damages to the extent actual costs exceed Ihe Gugineen's opinions of probable cost. Comlten cation: Conilcnsnt ion for ser vi cos shall lx; in accordance with Ilse POro jet l 1 e1Ia'. Invoices will be issued monthly for services icri do ell and rei nnbursale exrenses and aro due taxi payable within tell (10) days of receipt orIlre invoice. fill eres(of2% per tire rch w it l be charged on accounts tot pi (I within pointy 00) days from Ihe (Lite of invoice. Changes affecting the scope of work initiated by the Client or dlie to unforeseen project Con di it ons w ill necessitate mo hrealion oftlie compensation charged. Failure to Make Payment: Ifthe Client fails to make Ixrymcnt when due law 13ngineer for services and expenses, tire Engined' may, upon seven (7) days' wrillen notice to tire Client, suspend performative of services under this Agreement Unless raynnent in full is received by the Engine( within seven (htys of the (late of die notice, the suspension shall take effect without further notice. In the event ofa suspensive of services, tire Lngi rce shall luhve no liability to Ihe Cl trot for delay or damage caused the C liens because o f u ch suspension of services. Re -use of Docunhenis: At I documents, including Drawings arxl Specifications, Ir'eparedby the Ghglneci pusuant tothis project are instruments o f service. Engineer shall be deemed taw Cobol of facile itutrunsentsofservice taxi retain all coition haw and statutoiyrigba, including Copyright.'rhey are not intended or represented lobe suitable Its reuse bythe Client or others on extensions ofthis project or any other project. Any re -use wimoul written verification or adaptation by the Engineer for ere succi ftc purposes intended will be at the Client's sole risk and without liability to the Engineer, and be Ciientsball itxhemnifyand loud hairless the Engineer from all claims, damages, losses and expenses, incitxiingatortiq's fees, arising out oforresulting therefrom. Any such verifications or adgnation will entitle die lEngincer to further compensation at ratesto be agreed upon bythe Client Cut the Gngincer. Mutual Indemnity: Client agrees dial it will defend, Inderrnifyand hold hamilessthe Engineer, itsofficers, directors and Cophoyces, from and against any and all claims, damages, awards and costs of defense caused by the negligent or otherwise wrongful acts or omission, including breach of a specific contractual duty, of fire Client or the Client's independent contractors, agents or employees. W. Terms and Conditions Engineer agrees that iI wit defend, indenmify,anI hold harmdess the Client, its officers, directoisand employees, Isom and against any air] al l claims, damages, awedsand costs of defensecausod by the negligent or otha'wisc wrongful aces or omission, including branch of specific contractual duty oft lie laigincei, or the Engineer's independent cmntrnciors, agents or employees. flazardous Materials: 'the Engineer and linginccr's wnsuhants shall have no responsibility for die discovery, Ixescnce, handling iemovalor dislos l ofor expos incof persons to hazardous mala'ials inlay fennel the Projeetske, including brunet limited lotobeslos, asbestos products, polychlorinated biphenyl (PCE) or other toxic substances. the Client agrees to bukmnily and hold haindess die Engineer and Engineer's calls tit from and against all claims, IiabileyoI costs, including reasonable attaney's fees andexpenscs, arising out of or in any way connected with ilia presence, handling, removal, ainleme rt or(It sposal of Ixua niers nenerials in any form at the project site. 'Ihe Client further agrees to make ro claim and hereby ova ives any Claims or causes of action of any type against the Engineer and lingincer's consultants, which may ani sc out of or relate in any way to I he presence o f such hazardous materials. 1; n'P t'o a of I Cyril I'sh'I1 v: "for Tiro max innun extent permitted by law, taw Client agrees to limit the Engineer's Iiabilily to the (Alout, for Ianuges, an (Ito all consu action wnu actors or subcout Ineties oil ale project e Jaimingthrough the Client for damages, tothe amount of $50,000 or die Engi eer's total free kpr services renderal on the projat, whichever k( lie lesser. It is intended that III is limitation apply to any and all liability or causes of action Iwweverarising, regardless ofIhe cause o f action or Iegal theory assened. 'rennination: nlne obligation to In funder services undo' Un is document may be terminated by cither party, upon seven (7) days' written not ice in tire event of substantial failure by the other party to perform in accordance with die terns hereof through no fault of the ternilnalingparly. in the event orally termination, lire Engirwec shall be pailful all services tendered lothe date of fulmination, all reimbursable cxinnses and tenninalion expenses. Successors and Assigns: Neidher die Client nor die Engineer shall assign, sublet or transfer any rights under or interest in (incl ceding, but without limn dal ion, moneys that are or may become (fue) this (bell talent, or any claims that may at from the performance of services trader this agrean ent, without the written consent of the other, except to die extent that the effect oft)is limilationmay be restricted bylaw. Unless speci focally staled to die contrary in any written consent to an assignment, no assignment will release or discharge the assignor from anychayorresponsibilily, under this document. Nothingcontainedin tui s paragnq)h shall prevent Ihe Engineer from entitle ying such indefendenl consultants, associates and subcontractors, as it may dean zplxolriate to assist in die performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hoeuhder to anyone other than file Client and tire Engineer. Nothing herein sit all create a contractual relationship with or cause of action in favor of a third par tyagainst cither die Client or Engineer. All claims and causes of actionsbehvicenthe Ironies to this agreement pertaining to acts or failures to act slhall be deemed to have accrued and the q)plicable statutes of her it all ons shall commence to in not lata than either die date of substantial completion for acts or failures to act ocauning prior to substantial completion, or the date of the issuance of OIC final certificate for payment for acts or failures to act occo'ringaffer substantial completion. CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-037 A RESOLUTION TO APPROVE THE PROPOSAL FOR FACILITY ASSESSMENT SERVICES FOR THE FROM SEBESTA BLOMBERG AND ASSOCIATES, INC., WITH THE FUNDING SOURCE FOR THIS PROJECT BEING HRA PROJECTS FUND #319 WHEREAS, the City Manager and staff met with Sebesta Blomberg representatives to discuss the facility needs of the St. Anthony Village City Buildings; and WHEREAS, Sebesta Blomberg has submitted a proposal to provide a facility energy assessment of the mechanical and electrical systems and building envelope for St. Anthony City I Iall, Fire Station, Public Works Facility, Water treatment Plant, Silver Lake Village Liquor Store and Marketplace Liquor Store in an effort to make recommendations related to: (1) system replacement costs die to age and operating condition and (2) improving the operational efficiency and effectiveness of the buildings to achieve overall energy savings for the City; and WHEREAS, the costs proposed to provide the above scope of services for is $28,500 including expenses. This also includes the clause that if the scope of the work should change as the project progresses, Sebesta Blomberg would not expend effort beyond the fixed fee amount without written authorization from the City of St. Anthony; and WHEREAS, the funding source for this project would be I -IRA Projects Fund #31.9. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony approves the Proposal for Facility Assessment Services from Sebesta Blomberg and Associates, Inc., with the funding source for this project being HRA Projects Fund #319. Adopted this 24th day of Lune 2008. ATTEST: City Clerk Reviewed for administration: Mayor City Manager 7..iCmomil Meeemgs120081062420081Res .sebest, blonibog.doc 59 A WSB Infrastructure a Engineering a Planning ® Construction & Associates, Inc. � 9 9 June 19, 2008 The Honorable Mayor, City_ Council, and Staff c/o Michael Mornson City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: Water Reuse Facility Project St. Anthony Village, MN WSB Project No. 1745-02 Dear Honorable Mayor, City Council, and Staff: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4600 Fax: 763 541-1700 Enclosed is a Resolution for your consideration at the June 24, 2008, City Council meeting, This Resolution awards the contract for the Water Reuse Facility Project to the lowest bidder. The award includes construction of the Water Reuse Facility with a concrete tank and restoration of the site. A tabulation of these bidders, as well as the low bidder of Graham Penn Construction Services is provided in the Council packet. Additional costs to provide City Hall parking lot improvements have not been included in this award. These improvements will be coordinated with Hennepin County and Graham Penn Construction. We have discussed this with the contractor and we will issue a change order to address the parking lot improvements. Parking lot improvements are necessary to collect the City Hall runoff and to adjust the grades in the parking lot to blend in with the Silver Lake Road improvements. If you have any questions, I will be present at the June 24, 2008, Council meeting to discuss this with you, or please call me at 763-287-7182. Sincerely, WSB & Associates, Inc. Todd E. 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O O O O � 4 W D 'L K a J Z W F < w a Q LL p W N U Z 0 uO, O N 0 2 w K Q N W a G U LL Q W O ❑ W rll O -� �° LL Z U O KK` Z W Il°p�� U Q� m z Z IL 2 N a W❑} N Z= Z Q K O O a ,p v O z Z z w z Z m Y i a Q U a S i 5 r ti r w N x rc rc a� z LL O w tw- ww O m W w z "' a Q QQ IX w w F Z F W K z W,�,,, 2 0~ .- ry o F j o U w ,.� p H ¢ U p❑ O S w O o a < '❑ ° 0 0< w z w a o 33 w w>>>>> U i9 a 'v O O U 7a ❑ 8i w w w W w w w a x x x x x x v an a `" m m o N N b � yr � m vi m vi N N N N N N y `m 0 z 0 w x yy ip � �p i0 (Np b �p amp w h h h ti h n Cu CI R U❑ 67 CITY OF ST. ANTHONY RESOLUTION 08-040 A RESOLUTION AWARDING A BID FOR CONSTRUCTION OF WATER REUSh FACILITY 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 1. Graham Penn -Co. Construction, Inc. 2. Park Construction Company 3. Lametti & Sons, Inc. 4. Veit & Company 5. Rice Lake Construction Group Total Bid (Base Bid, Concrete Tank Alternate, Landscaping $1,283,998.75 $1,687,842.41 $1,963,080.00 $2,098,870.25 $2,468,572.50 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: 1. The selected alternates for the above -referenced project shall include Alternate 1 and Alternate 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 $1,283,998.75 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. 7. ICounefl Meering,1200810624200811if508 040-A,n,dm, Nd fo, Ww, Reuse -061908,b, 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 24th day of June, 2008. ATTEST: City Clerk Reviewed for administration: Mayor City Manager Z:ICmmail AfeelmA2008106242008V0iS 08040 Avmr/ing Ridfor Ww,, Reuse-061908doc j,�A YMS � Associates, r,ic. Infrastructure a Engineering a Planning w Construction ,Tune 19, 2008 The Honorable Mayor, City Council, and Staff c/o Michael Morrison City of St. Anthony Village 3301 Silver bake Road NE St. Anthony, MN 55418 Re: Amendment 1 — Hennepin County Cooperative Agreement St. Anthony Village, MN WSB Project No. 1626-18 Dear Honorable Mayor, City Council, and Staff: 701 Xenia Avenue South Suite 300 Minneapolis, MLU 55416 Tel: 763 541-4800 Fax: 763 541-1700 Enclosed is a Resolution 08-044 for your consideration at the June 24, 2008, City Council meeting. This Resolution accepts Amendment 1 to the Construction Services Agreement with Hennepin County for the Silver Lake Road Improvement Project. The Amendment authorizes payment to the City for $195,075.00 to provide water quality treatment for the Silver bake Road Improvements, which will be provided under the Water Reuse Facility Project. If you have any questions, I will be present at the June 24, 2008, Council meeting to discuss this with you, or please call me at 763-287-7182. Sincerely, WSB & Associates, Inc. Todd E. Hubmer; PE City Engineer Enclosure lh KI1745-021Admin\Docs\Ur2-hmce 2 -061468 -doe 70 CITY OF ST. ANTHONY RESOLUTION 08-044 A RESOLUTION'TO APPROVING AMMENDMENT NO. 1 To'THE HENNEPIN COUNTY CONSTRUCTION COOPERATIVE AGREEMENT FOR SILVER LAKE ROAD IMPROVEMENTS WHEREAS, Hennepin County has proposed Amendment No. I for Silver Lake Road Improvements, which provides payment to the City in the amount of $195,075.00 to provide water quality treatment for the Silver Lake Road Improvement Project. WHEREAS, said water quality treatment will be provided under the Water Reuse Facility Project. NOW, THERTFOI2E,13E IT RESOLVED, of the City Council of the City of St. Anthony: 1. That the Mayor and City Manager are hereby authorized and directed to execute Amendment No. 1 for the Silver Lake Road Construction Agreement with Ilennepin County in the name of the City of St. Anthony, Minnesota. Adopted this 24th day of June, 2008. ATTEST: City Cleric Reviewed for administration: Mayor City Manager 7.9C'mmcil Mcnlln,U0081062420081RES 08-044 -Approving Anma A, Ldo, 71 FUTURE COUNCIL AGENDA ITEMS June 16, 2008 Meeting Date Meeting Type Staff Items/Issues 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) City Manager Appointing Members to the Single Garbage Hauler Task Force July 29 Special Budget Worksession August 12 Regular Approval of Election Judges for Primary Election (Consent Agenda) City Manager Approval of Emerald Park Reconstruction August 26 Regular Planning Commission items from August 19 September 3 Special 5:30 p.m. Worksession September 9 Regular II: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 Special5:30 p.m. Worksession October 14 Regular Approval of Election Judges for Presidential Election (Consent Agenda) City Engineer Appove plans and specifications, and order advertisement for bids October 28 Regular Planning Commission items from October 21 City Manager Quarterly Goals Update November 5 Special 5:30 p.m. Worksession November 11* November 25 Regular Planning Commission items from November 18 December 3 Special 5:30 p.m. Worksession December 9 Regular December 23 Regular Planning Commission items from December 16 * Need to change date due to Holiday June 2008 Monthly Planner Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Visitors from Visitors from Visitors from Visitors from Salo Salo Salo Salo 8 9 10 11 12 13 14 Parks Commission City Council Meeting Meeting 15 16 17 18 19 20 21 Planning Commission meeting 22 23 24 25 26 27 28 City Council Meeting 29 30 May 2008 Jul 2008 S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 9 10 6 7 8 9 10 ll 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 rrinreo oy uaienaar urearor ror vvinaows on nnafiuuo July 2008 Monthly Planner Monday TuesdaySunday ..y Thursday Friday .. 1 2 3 5 Jun 2008 S M T W T F S HOLIDAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 9 10 11 12 City Council Meeting 13 14 15 16 17 18 19 Planning Commission meeting 20 21 22 23 24 25 26 City Council Meeting 27 28 29 30 31 Aug 2008 S M T W T F S 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ranted by Galendar Creator Tor windows on 6!1MuN fl O O 0 0 0 O O 0 m 0 0 0 W 0 N co o co M G m N N V N M N M N O yU VN N N M N O ffl EA a O UA U m A Z E O A U C N w �o , ° m ° I- Q° O O O o O O O O O O d O N06 N O O Q m o � m ai q)O � 00 E Z � r CO o O OMc�O d K U U d O U N N r N Q �• O nl N ON o ff3 — anQ to N N fR ffi W } W } } o or Y O O O o O O O O N O O � o >' N fl O O O o O O O O O m O O O is V' W LO N d U N M G m N N V N V N M N co r W N N M N cli ffl EA o O 0-0 co O O N M m O o O 0 N O 0 O M, 0 m O d 0 O O � U o O is V' MM LO N d U N iR L EA EA EA O U) A N W rn a= o o rn N N N N U N Q W O U) N M M N a O ui i N a wZ m o Z E O N W w �o , ° m ° I- Q° M Wx o w o Oo .. 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CL Lo r 00 0 N ►l (1) 4-0 LP 0 L a H 1 Q N 0 0 0 0 0000 o 00 0 O O O O O 0 0 0 O O O O A Ln O 0 UO U) U) U) 0 U) U) (C) LOW N N N N N N N N N W (O Q (S1 O 0 O O 0 0 0 0 (w: vi N ."17 A PN r N N N N N F,' © Efs 69 69 }, a vs 69 6fs e» (�i its ifs in t o 0 0 o o 0 0 0 0 0 0 0 00 0 0 0 O O O O O O O A W 0 0 0 0 0 0 0 0 O "L LO C0 N O M O 69 W EA EA 69 E9 69 00 Cil (D (f)cq r kf7 4f} 69 69 41 0 0 0 0 0 0 0 0 0 0 0 0 � o o Q o 0 0 0 o d O o Q (6 M O 0 O CO u> 0 0 0 0 0 O �1 d M O Q CO Ef) EA 69 69 FH b9 69 W U) O O U7 A Q1- �O CO 4009 �) 69 6/3 O O O O O O O O O O O O a, O O O CO O O O Q O O 0 O 000 O Y R;Moc)�!Ooc� EA 09 64 69 03,69 ER Y> 69 69 v cu E 7 U_ C z, m K O@ U D (6 co -s Q��¢ u)0 0 0 0 0 0 0 0 O O Q O jo0 0 0 0 0 0 0 0 O O O Q0i V OG m co 7 N COO O 0) V CO W OD N A N Mq NICO OM OM M `7(D CO LO O N 0 m N A d) H] Ifl .- N N N N 22 EA Ef) 09 fH t9 69 s O 0 o a o O 0 0 0 0 O o s Q O Q o o a o O o 0 0 0 CA O (D (O N M m O U7 00U) (D CO V d' O W O O m� O M 0 7 CO M A U) A A m N V M K$ It N M N M m � y fF) E9 EA w Efl w (10 09 6A 69 69 69 w O a d O O O O O O O O 0 0 0 0 Y 0 0 0 0 0 0 0 0 Q 0001 OQ (G (L1 V M CC A CA 4 M W J rA- N Q1 P O A C'O V da d A O R (C1 Q V M N 'i' '� V s O'2 CO M ?2 S A M yep Q N Ef3 (4 K3 69 6699 69 W ( 9 W6N9 a 0 0 0 0 0 0 O$ O O 0 0 0 0 0 0 0 0 0 0 0 0 41 W M d (N CO U) U) V 0 U) M O 'V Y U M U] Ln W A N 0 A It N A L (p CO A A cO O N oc N Cl! N N U) N U) O 6A N N N r N M 69 69 69 (& 69 EA (t1 69 EA E9 E� `m �n m a 0 ALL' ¢zo O O d a 6O � (D N iA v O O 0 0V q d O jo m IN C•C7 (A - 0 0Eft40 N 6963 U) 19 41 0 Q w E U CL W n � :3 CL LL (0 m � d Co y d C7 N 0 C C LL W O 0 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34, 35 36 37 38 39 4.0 41 42 43 44 45 46 47 48 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEF,TING MAY 27, 2008 CALL TO ORDER. Chair Faust called the meeting to order at 8:06 p.m. ROLL, CALL. Commissioners present: Chair Faust; Commissioners Gray, Roth, Stille, and Thuesen. Commissioners absent: None. Also present: Executive Director Michael Mornson and City Attorney Jerome Gilligan. 1. APPROVAL OF MAY 27, 2008 H.R.A. AGENDA Motion by Commissioner T huesen, seconded by CommissionerRoth, to approve the May 27, 2008 Housing and Redevelopment Authority Agenda as presented. Motion carried unanimously. IL CONSENT AGENDA. Motion by Commissioner Stille, seconded by Commissioner Gray, to approve the Consent Agenda, which consisted of: A. H.R.A. Meeting Minutes of May 13 2008 and B. Claims. III. PUBLIC HEARINGS. None. IV. GENERAL POLICY BUSINESS OF THE H.R.A. None. V. STAFF REPORTS. None. VI. H.R.A. COMMISSIONER COMMENTS. None. Motion carried unanimously. 1 1 2 3 4 5 6 7 8 9 12 13 Housing and Redevelopment Authority Meeting Minutes May 27, 2008 Page 2 VII. INFORMATION AND ANNOUNCEMENTS. None. Vlll. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:08 p.m. Respectfully submitted, Kathy Altman Thne&wer Off Site Secretarial, [tic. Motion carried unanimously. 2 3 ACS FINANCIAL SYSTEM 06/17/2008 14: BANK VENDOR FIRS US BANK NA Check Register. 009470 APACHE•, PARK LLC 009599 CMR ELECTRIC 000820 DORSEY & WHITNEY 008698 EHLERS & ASSOCIATES, INC 009241 HENNEPIN COUNTY TREASURE 008273 WSB & ASSOCIATES, INC. CHECKII DATE ST. ANTHONY VILLAGE GL540R-V06.75 PAGE 1 AMOUNT 6674 06/25/08 4,369.16 6675 06/25/08 200.00 6676 06/25/08 14,714.3.0 6677 06/25/08 24,677.75 6678 06/25/08 1,472,962.00 6679 06/25/08 2,684.00 US BANK NA 1,519,607.01. ***