HomeMy WebLinkAboutCC PACKET 05112010CITY OF ST. ANTHONY VILLAGE
CITE' COUNCIL MEETING AGENDA
May 11, 2010
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion; and Possible Action on All of the AbRouingitems.
I. Approval of the May 11, 2010, City Council Meeting Agenda. (acrionrequestedv
II. Proclamations and Recognitions.
A. Berger Transfer and Storage Proclamation. Resolution 10-000; To Recognize the 1001h Anniversary of the
Berger Transfer and Storage Inc. and 50 years of Presence in St. Anthony, Minnesota. (pp. 1 — 8)
B. Graduation of the 2010 Citizen's Academy. John Ohl, Police Chief (p. 9)
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Couneilmember or eititen so requests, in
which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of April 27, 2010, Council Meeting Minutes. (pp. 10 —15)
B. Licenses and Permits. (p. 16 )
C. Claims. (pp. 17 —19)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 10-032; Approval of the Amendment to the Lease Agreement with St. Anthony — New Brighton
School District #282 for Community Center Gymnasium. Troy Urdahl, ISD #282 Athletic Director and
Wendy Webster, ISD #282 community Services Director. (pp. 20 — 38)
B. Engineer's Update. (no action requested) 'Todd Hubmer, WSB & Associates, presenting. (pp. 39 — 42)
VIL Reports from City Manager and Council members.
VIII. Community Forum.
Individreals rrray address the City Corrucil about airy nein notincluded an the iv
gular° agenda. Speakers are requested to come to the podirarr, sign their name gird address on
the form at the podirnn, state their name and address for the Clerk's record, and !Emit their remarks to five minutes, Generally, the City Council will not take of dal action
on items discussed at this time, but may typically refer The matter to staff for a frdure report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
ZACouncil Meetings12010105112010\agendapg#.doe
RECOGNITION THEIOOTHANNIVERSARY
OFBERGER TRANSFER &STORAGEINC.
AND SO YEARS OFPRESENCEINST. ANTHONY, MINNESOTA
WHEREAS, in,1910, the Berger Transfer & Storage was founded by Carl Berger; and
WHEREAS, this company started moving household goods of new arrivals to Minnesota
with only a horse and cart; and
WHEREAS, this company continued to prosper and grow here and to the surrounding
states; and
WHEREAS, by this expansion in 1960 it built, relocated, and opened a 21,000 foot office
space, storage and maintenance building in St. Anthony Village; and
WHEREAS, in the convening years became a valuable business and community partner
with the civic, educational and governmental entities; and
WHEREAS, the cooperative spirit exhibited by Berger Transfer throughout the years to
actively contributing to the overall well being of the community; and
WHEREAS, it's continually enthusiastic involvement in the Schools, VillageFest, the St.
Anthony Chamber of Commerce, the St. Anthony Kiwanis's and the
Minnesota Gophers.
NOW, THEREFOREBE IT RESOLVED, by the City Council of the City of St. Anthony that
we recognize the 100ti, Anniversary of the Berger Transfer Company and its commitment to
St. Anthony, Minnesota and proclaim May 13, 2010 as -Berger Transfer.Day.
Adopted this 11th day of May, 2010.
Mayor
1
'-Berger Transfer
Moves to 5t.
Anthony Village
Berger Transfer & Storage,
Inc., has announced the start
of construction of a modern,
fireproof warehouse located at
3712 Fairfield Drive, St. An-
thony village,
The construction will be a
one - story concrete - black
building with a brick front, It
will contain 15,000 square feet
of warehouse space, a 4,000
square -foot maintenance shop
and 2,000 square feet of office
space.
The four and one-half acres
purchased by the company
will provide ample space for
expansion and parking.
R. D. Dircks, presidentand
owner, states he hopes to be
able to occupy the new facility
by January 1, 1000. This date
will colneide with the fiftieth
anniversary of the founding
of the ,company, which is a
pioneer in the household goods
and office -moving industry,
as well as originators of un -
crated delivery service of new
furniture in this area.
The move ftom its present
location, Sad Lincoln St. N. H.,
is tine second in the past ten
years, neuwsit,n.ted by the con-
tinued incrome in both the au-
eratod naming of new fnrni-
ture and 10119-distaneo mov-
ing.
Berger Transhv 4, Sloragc.
Inc,, will Introduce a new lype
of household good, storage.
This new service will entail'
the use of dust-Inroof. humieli-
ty-Proof lift vans; vnrying in
sizes from 1,500 I0h990
ipounds capacity, and when
used in combi11alhnl, eon hall,
die any size household Int. It
will be possible to load and
seal the lift -vans at the cus-
tomer's home By the use of
a lift. -truck in the warehouse,
the vans can be moved easily
to their permanentstorage lo-
cation without re -handling the
goods.
The warehouse w1111 he Io-
cated on trackage which will
allow for the storage and ul-
timate delivery of new furni-
ture received in car -load lots.
P.. D. Dircks has been a
Northeast resident for many
years, He resides at 2712 St.
Anthony Blvd. N. E.
LIUHT INDUSTRY is the reason this earth moving machine'.
has been moving tons and tons of dirt this past week. It is to make'.i
way for the new home of the Berger Transfer Company, which has :1
located in the village near the intersection of 37th ave. N.E. and;.',.
Sliver Lake road. The new office and warehouse of the Berger 'if
Company may be completed by Jan. 1st. ib
PAGE 1
HISTORY OF BURGER. TRANSFER
BERGER TRANSFER WAS FOUNDED IN 1910 BY CARL,BERGER. THE BUSINESS
AT THAT TIME CONSISTED OF A HORSE AND CART TO MOVE HOUSEHOLD GOODS
FROM THE RAILROAD DEPOT TO HOMES OF NEW ARRIVALS IN MINNEAPOLIS
AS WELL AS LOCAL MOVING.
HAROLD BERGER BEGAN WORKING FOR HIS FATHER AND TOOK OVER THE MANAGE—
MENT OF THE COMPANY UPON THE DEATH OF HIS FATHER IN THE EARLY 4C S.
HAROLD BEGAN MOVING UNCARTONED NEW FURNITURE FROM FACTORIES TO RETAIL
STORES AND FROM RETAIL STORES TO RESIDENCES WITHIN SEVERAL HUNDRED
MILES OF THE TWIN CITIES.
IN FEBRUARY OF 1949 MR. ROBERT D. DIRCKS PURCHASED 50% OF THE COMPANY
AND THE BUSINESS CONTINUED TO GROW. THE COMPANY WAS NOW
LOCATED AT 89 SOUTH 10TH STREET IN MINNEAPOLIS. TENTH STREET WAS
CHANGED TO A ONE WAY STREET DURING THIS TIME MAKING IT
NECESSARY TO BACK DOWN THE STREET THE WRONG WAY TO GET INTO THE DOCK.
IT WAS A TWO STORY BUILDING SO PART OF THE WAREHOUSE
WAS ON THE SECOND FLOOR SO AN ELEVATOR WAS NECESSARY TO MOVE
THINGS UP AND DOWN FOR UNLOADING OR RELOADING.
IN 1949 MR FRANK GOODWIN WAS SENT TO CHICAGO, ILLINOIS TO SET UP
THE FIRST BRANCH OFFICE OF BERGER. HE BEGAN TO EXPAND THE BUSINESS
BY FINDING FRUNITURE SHIPMENTS MOVING BACK INTO THE TWIN CITIES
AREA AS WELL AS INTO IOWA AND THE DAKOTAS.
IN 1952 MR. DIRCKS PURCHASED THE STOCK OF HAROLD BERGER AND BECAME
THE SOLE OWNER OF THE COMPANY. AT THIS TIME THE COMPANY MOVED TO
356 LINCOLN STREET N.E., MINNEAPOLIS,
A SECOND BRANCH OFFICE WAS OPENED IN SHEBOYGAN, WISCONSIN
TO SERVE THE FURNITURE MAbTUFACTURERS OF THAT AREA WITH UNCRATED
DELIVERY SERVICE.
THE COMPANY PRIMARILY PROVIDED SERVICE TO THE STATES OF ILLINOIS,
IOWA, MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA, AND WISCONSIN.
0
PAGE 2 -
DURING THE YEARS OF 1955 AND 1956 BERGER HAULED THE MAJORITY OF
THE STORE FIXTURES INTO SOUTHDALE SHOPPING CENTER FROM LOS ANGELES.
AS SOUTHDALE WAS THE FIRST INDOOR MALL SHOPPING CENTER IN THE
UNITED STATES THE COORDINATION OF THE DELIVERIES WAS VERY IMPORTANT
AS IT WAS WATCHED BY MANY DIFFERENT PEOPLE AND FIRMS.
BY SUCCESFULLY HANDLING THIS JOB IT ENABLED THE COMPANY TO BECOME
INVOLVED IN THE TRUCK LOAD BUSINESS WHICH MAKES UP A LARGE PORTION
OF THE BUSINESS TO THIS DAY.
-�� DURING OCTOBER OF,1959 BERGER WAS GIVEN 90 DAYS NOTICE TO BE OUT OF
ITS LOCATION ON LINCOLN STREET BECAUSE OF THE PROPOSED CONSTRUCTION
OF 35W. LAND WAS PURCHASED ON MACALASTER DR. AND CONTRUCTION WAS
ALMOST COMPLETED IN TIME. THE MOVE TOOK PLACE ON JANUARY 22, 1960.
THE ONLY THING NOT READY WAS.THE OFFICE, INCLUDING HEAT. 'TEMPORARY
ELECTRICTY AND PHONES WERE SET UP TO ALLOW THE COMPANY TO OPERATE.
IN THE SPRING WHEN THE FROST CAME OUT OF THE GROUND IT WAS NECESSARY
TO HAVE EACH OF THE TRUCKS WENCHED BETWEEN 37TH AND THE WAREHOUSE
DOCK FOR LOADING AND UNLOADING. THINGS FINALLY DRIED OUT SO A ROAD
COULD BE BUILT AND THINGS GOTTEN BACK TO NORMAL.
AT THE TIME OF THIS MOVE BERGER OWNED FOUR TRACTORS, FOUR STRAIGHT
TRUCKS AND TWELVE TRAILORS.
ON NOVEMBER 25, 1960 BERGER BECAME AN AGENT FOR GLOBAL VAN LINES
GIVING IT ADDITIONAL CAPABILITIES IN TI3E HANDLING OF HOUSEHOLD GOODS.
DURING THE FIRST YEAR WITH GLOBAL THE BERGER BOOKINGS WITH THE VAN
LINE WERE ONLY $17,000. IN 1966 BERGER WAS THE LARGEST BOOKING OFFICE
OF GLOBAL VAN LINES.
DURING THE 1960'S MANY OF THE FURNITURE MANUFACURERS IN THE TWIN
CITIES WENT OUT OF BUSINESS OR MOVED TO THE CAROLINA'S. IN ORDER
TO CONTINUE TO GROW THE BUSINESS BERGER BEGAN TO MOVE HIGH VALUE
PRODUCTS SUCH AS COMPUTERS, MEDICAL EQUIPMENT, COPY MACHINES, AND
LARGE CAMERAS.
BERGER WAS A PIONEER IN THE DEVELOPMENT OF FLAT FLOOR ELECTRONIC
TRAILERS, AIR RIDE SUSPENSION, CLIMATE CONTROLLED TRAILERS, AND
MANY MATERIAL HANDLING ITEMS USED IN THE MOVEMENT OF THESE PRODUCTS.
4
5
PAGE 3
ON NOVEMBER 25, 1975 BERGER BECAME AN AGENT FOR.ALLIED VAN LINES.
THIS CHANGE ALLOWED BERGER FOR THE FIRST TIME TO BE A.MAJOR COMPETITOE
IN THE TWIN CITY MARKET IN BOOKING AND HAULING HOUSEHOLD EFFECTS,
WHILE CONTINUING TO GROW THE OTHER.PORTIONS OF THE BUSINESS:
DURING THE LATE 1970'S BEGER CONTINUED TO DO MORE AND MORE BUSINESS
ORIGINATING IN.GRAND RAPIDS, MICH. UNTIL IT WAS NECESSARY TO OPEN
AN OFFICE THEIR. MR. JERRY SCRIVNER WAS TRANSFERRED FROM MPLS TO
GRAND RAPIDS TO BE THE MANAGER.
IN MARCH OF 1979 BERGER PURCHASED THE ASSETS OF COOKS MOVING IN DALLAS
TEXAS AND BEGAN OPERATING AN ALLIED AGENCY THERE.
ON MAY 1, 1982 AN ADDITIONAL OFFICE WAS OPENED AS AN ALLIED AGENCY
IN UNION CITY, CALIF.
M
SORSER
!MOVING, FORWARD))
FOR IMMEDIATE RELEASE: March 2, 2010
PHOTO OPPORTUNITIES
Contact:
Chuck Speth, Marketing Director
Berger Transfer and Storage, Inc.
2950 Long Lake Road
Saint Paul, MN 55113
Office: (800) 328-2459
ch ucks(o)berperallied.com
BERGER TRANSFER TO CELEBRATE 100TH YEAR ANNIVERSARY
LL/ED.
AgentforAllied Van Una
Saint Paul, Minnesota — To mark the corporation's 100th anniversary, Berger Transfer and
Storage has scheduled an open -house celebration on Thursday, May 13`h at each of its nineteen
locations nationwide_ Specific details on each location's celebration events will be revealed in the
following weeks. Berger Transfer's staffs, clientele and the general public are all encouraged to
attend the 100Th Year Anniversary event.
"Our customers and the communities we serve have helped shape the rich history of Berger
Transfer," states Berger CEO Bill Dircks Jr. "The 100th anniversary celebration is not only an
opportunity to commemorate past successes, but also an opportunity to remember the vision and
values that will continue with us into the future."
During this past 100 years Berger Transfer has serviced over one million moves throughout the
country. Here are a few of the more notable moves. In 1973, under the darkness of night, Berger
St. Paul's Office and Industrial Division relocated $5 billion to the new Minneapolis Federal
Reserve headquarters in Minneapolis, MN. In the early 90's, Berger Dallas warehoused and
transported two sections of the Berlin Wall that were on world-wide tour here in the United States.
In the aftermath of Hurricane Katrina in 2005, Berger provided transportation for relief efforts to
the City of New Orleans. In 2008 Berger New Jersey delivered two 37 foot steel beams that were
part of the original World Trade Center to Giants Stadium in New Jersey. The beams were
signed and put on display as part of a remembrance and tribute for the victims of 9/11. These
beams will be contained in the new National September 11 Memorial & Museum at the World
Trade Center Site in New York City.
About Berger Transfer & Storage, Inc.
Celebrating a century of service, Berger Transfer & Storage was established in 1910 and is
headquartered in St. Paul, Minnesota. Berger is an experienced leader in household goods and
specialized transportation services. With 19 locations nationwide, Berger is Allied Van Lines'
largest partner agent and provides relocation and transportation services to residents,
corporations and government agencies around the world. Berger has offices in the following
markets: Atlanta, Austin, Charlotte, Chicago, Cincinnati, Cleveland, Columbus, Dallas, Houston,
Kansas City, Los Angeles, Louisville, Mesa, Phoenix, St. Paul, San Antonio, Sarasota, Tampa
and Ramsey, NJ. For more information about Berger Transfer & Storage, please visit
www.beMerallied.com.
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9
ST, ANTHONY POLICE DEPARTMENT
CITIZEN'S ACADEMY GRADUATING CLASS
SPRING 2010
Lawrence Antczak
Gayle Anttila
Jack Brinatte
James Clemens
Kathie Clemens
Sean Jaeger
Mark Ludwig
Nsona Nyembwe
Keith Pearson
Roy Quady
Dale Washington
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 27, 2010
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
Absent: None.
Also Present: City Manager Mike Mornson, Finance Director Roger Larson, Public Works Director
Jay Hartman, Stacie Kvilvang of Ehlers & Associates, and Justin Messner of WSB &
Associates.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
1. APPROVAL OF APRIL 27, 2010 CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the City
Council Meeting Agenda of April 27, 2010.
Motion carried unanimously.
II. PROCLAMATIONS AND RECOGNITIONS.
None.
III. CONSENT AGENDA.
A. Consider April 13, 2010 Council meeting minutes;
B. Consider licenses and permits; and
C. Consider payment of claims.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
Motion carried nnauimously.
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City Council Regular Meeting Minutes
April 27, 2010
Page 2
IV. PUBLIC HEARING.
A. Budget Review. Mike Mornson, City Manager and Roger Larson, Finance Director,
presenting.
Mayor Faust opened the public hearing at 7:03 p.m.
City Manager Mornson stated the purpose of tonight's public hearing is to take public input on
the 2011 Operating Budget. City Manager Mornson and Finance Director Larson provided a
presentation on the 2011 Operating Budget, focusing on the following information: 1) Summary
of the 2010 General Operating Budget; 2) 2011 Budget Calendar; 3) 2009/2010 General Fund
Expenditures 4) 2009/2010 General Fund Revenues.
Mayor Faust invited input from the public.
Hearing none, Mayor Faust closed the public hearing at 7:06 p.m.
Mayor Faust pointed out that a small portion of General Fund Revenues are generated from
property taxes, with a large portion of General Fund Expenditures allocated to public safety.
Councilmember Stille commented that the presentation tonight centered around the 2010 General
Operating Budget, and that there will be upcoming meetings devoted to the 2011 Budget.
V. REPORTS FROM COMMISSION AND STAFF.
A. Resolution 10-029; Approval of the Request for a Variance to Encroach into the Front
Yard Setback at 3038 Harding Street NE.
Planning Commission Member Brian Heinis provided a report on the request for a variance to
encroach into the front yard setback at 3038 Harding Street NE. The applicants would like to
add a front porch to the property and have requested a variance of one foot into the front yard
setback to allow for a more usable porch space. 'There were no negative comments from the
public at the public hearing for the requested variance. Mr. Beinis stated the Planning
Commission felt this will be a worthwhile project that will fits well with the neighborhood and
recommended approval of the variance request.
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37 Councilmember Stille asked if there was any discussion at the Planning Commission meeting on
38 changing the ordinance to fit the need versus providing the variance. Mr. Heinis responded in
39 the negative. He noted that the variance request was only for one foot, and the house was built
40 before the city code was in place.
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42 Mr. Chuck Bower, applicant, addressed the City Council and stated he has lived at 3038 Harding
43 Street for the past ten years. Their family is growing and they love the City of St. Anthony and
44 their neighbors. They are excited for the extensive remodel to their home and have hired an
45 architect to help them. They feel it is necessary to pursue the desire for the front porch as part of
46 the project.
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City Council Regular Meeting Minutes
April 27, 2010
Page 3
Mr. Jeremiah Battles, Acacia Architects, addressed the City Council and pointed out that
according to City Code Section 152,177, stoops and porches are permitted front yard
encroachments. He stated a typical usable front porch is six to eight feet in width. He has
recommended that the applicants obtain the extra foot if they are going to the expense of adding
the front porch.
Councilmember Jenson noted that two letters of support have been submitted from residents in
this neighborhood. He has also talked to a couple of people that live in the neighborhood that are
supportive of the project. He stated his position that the concept of the renovation project
enhances the neighborhood.
Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 10-
029; Approval of the Request for a Variance to Encroach into the Front Yard Setback at 3038
Harding Street NE.
Councilmember Stille stated his support of the project. He commented if there is continued
justification of variances based on houses being built prior to the city code it will likely relate to
a large percentage of the City. He encouraged the Planning Commission and staff to look into
whether an ordinance amendment might be warranted. He noted that the determination of a five
foot porch not being very usable may be a rationale for changing the ordinance.
Councilmember Gray concurred.
Mayor Faust suggested staff look into the ordinance amendment relative to garages that was
adopted a few years back for an example with this ordinance amendment.
Motion carried unanimously.
VI. GENERAL BUSINESS OF COUNCIL.
A. Resolution 10-030: Award A Bid for 2010 Street & Utility Improvements. Justin
Messner, WSB & Associates, presenting.
Mr. Justin Messner, WSB & Associates, reviewed the proposed resolution awarding bid for 2010
Street & Utility Improvements to Nodland Construction Co. Inc.
Councilmember Roth asked if WSB & Associates has had any experience with the low bidder.
Mr. Messner replied that WSB & Associates has worked with contractor. In addition, references
from municipalities that have worked with the contractor checked out fine.
Councilmember Gray commented on the significant savings of approximately $1,895,000 from
the engineers estimate for the project.
Councilmember Stille verified with Mr. Messner that there will be a performance bond in place
for the possibility of the contractor not finishing the project.
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City Council Regular Meeting Minutes 13
April 27, 2010
Page 4
2 Mayor Faust requested information on ensuring that the contractor is aware of the City's
3 beginning and ending construction times. Mr. Messner replied that a pre -construction meeting
4 will be held on April 29, 2010 which will include a review of the City's policies and
5 specifications.
7 Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 10-
8 030; Award A Bid for 2010 Street & Utility Improvements to Nodland Construction Co. Inc. in
9 the amount of $1,364,500.97.
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11 Motion carried unanimously.
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13 B. Resolution No. 10-031; Approving the Sale of the $1,375,000 GO Street Reconstruction
14 Bonds, Series 2010A. Stacie Kvilvang, Ehlers & Associates, presenting,
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16 Ms. Stacie Kvilvang, Ehlers & Associates, presented final bid information for the $1,375,000
17 GO Street Reconstruction Bonds, Series 2010A. It is recommended that the bid be awarded to
18 Wells Fargo Advisors, St. Louis, Missouri at a true interest rate of 3.2585%. Ms. Kvilvang
19 reported that Standard & Poor's affirmed the City's AA credit rating.
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21 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 10-
22 031; Approving the Sale of the $1,375,000 GO Street Reconstruction Bonds, Series 2010A, to
23 Wells Fargo Advisors, St. Louis, Missouri, at a true interest rate of 3.2585%.
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25 Motion carried unanimously.
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27 C. Consider Ordinance 10-001; Amending Ordinance 155.23; Signs Requiring No Permit.
28 Mike Mornson, City Manager, presenting. (second reading
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30 City Manager Morrison provided an overview of the proposed ordinance. First reading of the
31 ordinance was held on April 13, 2010. The following amendment has been made based on the
32 first reading: "... all noncommercial signs of any size may be posted for 4weeks-28 days..."
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34 Mayor Faust suggested proceeding to the final reading of the proposed ordinance.
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36 Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the Second
37 Reading, waive the Third Reading, and adopt Ordinance 10-001; Amending Ordinance 155.23;
38 Signs Requiring No Permit.
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40 Motion carried unanimously.
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42 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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44 City Manager Morrison reported on the following:
45 • Clean Up Day is scheduled for Saturday, May 1, 2010, 9 a.m. to noon. Tours of public
46 works equipment will be available.
City Council Regular Meeting Minutes
April 27, 2010
Page 5
1 • Central Park ribbon cutting ceremony is scheduled for May 10, 2010.
2 e The May 11, 2010 City Council meeting agenda includes a Citizens Academy
3 presentation and a report from the City Engineer on 2011 and beyond street projects and
4 storm water improvements.
5 • Press release on the Get Active campaign.
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7 Councilmember Roth reported that CTV will be awarding scholarships in the month of May, and
8 that a few St. Anthony residents will be receiving these scholarships. He reported on his
9 attendance at the CTV Annual Volunteer Banquet held at the 49er Building in St. Anthony.
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11 Councilmember Stille congratulated 2010 Villager of the Year, Ted Holsten, and 2010
12 Outstanding Business of the Year, The Village Pub, for receiving their awards at the Chamber of
13 Commerce Dinner on April 22, 2010.
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15 Councilmember Gray reported on his attendance at the April 15, 2010 Lions Club Board of
16 Directors meeting and announced there will be a corn roast at Village Fest. He reported on his
17 attendance at the Chamber of Commerce Annual Meeting on April 22, 2010 and congratulated
18 2010 Villager of the Year, Ted Holsten, and 2010 Outstanding Business of the Year, The Village
19 Pub.
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21 Councilmember Jenson reported on his attendance at the April 22, 2010 Chamber of Commerce
22 Annual Meeting and congratulated Ted Holsten and The Village Pub for their awards.
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24 Mayor Faust reported on his attendance at the following events:
25 • April 17, 2010 Resident Cleanup along Silver Lake Road. Thank you to the residents
26 that initiated the cleanup.
27 • April 22, 2010 Middle Mississippi Watershed Management Organization Board Meeting.
28 The meeting included an approval to proceed with plans for the new building which will
29 be at the previous International Electrical Brotherhood location.
30 • Chamber of Commerce Annual Meeting. Ile stated 2010 Villager of the Year Ted
31 Holsten has been in the City since the 1950's and has been dutiful in giving back to the
32 community. 2010 Outstanding Business of the Year, The Village Pub, is providing a
33 good venue. He encouraged residents to support local businesses. He thanked the board
34 members of the Chamber of Commerce for giving their time.
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36 VIII. COMMUNITY FORUM.
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38 Mayor Faust invited residents to come forward at this time and address the Council on items that
39 are not on the regular agenda.
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41 Hearing none, Mayor Faust moved forward with the agenda.
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43 IX. INFORMATION AND ANNOUNCEMENTS.
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45 Mayor Faust announced
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City Council Regular Meeting Minutes
April 27, 2010
Page 6
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:38 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
15
Saint Anthony Village
DATE: May 11, 2010 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM; License and Permits for Approval:
Construction, Edina, MN
,r Tree & Landscape, Pierz, MN
Heating & Air Conditioning License:
Kevin's Heating & Cooling, Hugo, MN
Owens Companies, Bloomington, MN
16
US BANK SAINT ANTHONY VILLAGE
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
8411 DRIVER & VEHICLE SERVICES
12102
4/22/2010
$20.00
8365 HENNEPIN COUNTY TREASURE
12104
4129/2010
$275.00
9661 ABRAMS & SCHMIDT
12105
5/12/2010
$495.00
8897 ACCESS SYSTEMS INC
12106
5/12/2010
$9,174.58
8712 ADVANCED GRAPHIX, INC.
12107
5/12/2010
$460.00
8621 ALLIANCE MECHANICAL
12108
5/12/2010
$326.00
9575 ANDERL/BILL
12109
5/12/2010
$650.00
8450 ANIMAL CONTROL SERVICES,
12110
5/12/2010
$96.00
8794 ARCTIC GLACIER INC.
12111
5/12/2010
$483.95
8237 ASPEN MILLS
12112
5/12/2010
$66.37
320 BEISSWENGER'S
12113
5/12/2010
$403.97
4293 BELLBOY CORP.
12114
5/12/2010
$14,152,67
9797 BERTELSON
12115
5/12/2010
$22.57
8869 BORGEN RADIATOR
12116
5/12/2010
$86.56
4662 BOURGET IMPORTS
12117
5/12/2010
$97.50
7253 BRAKE & EQUIPMENT WAREHO
12118
5/12/2010
$205.13
9148 BRW ENTERPRISES
12119
5/12/2010
$165.00
4231 CAPITOL BEVERAGE SALES
12120
5/12/2010
$39,454.65
9100 CAT & FIDDLE BEVERAGE
12121
5/12/2010
$425.00
610 CATCO
12122
5/12/2010
$112.22
4080 CHISAGO LAKES DISTRIBUTI
12123
5/12/2010
$2,597.24
4095 COCA COLA BOTTLING COMPA
12124
5/12/2010
$742.28
4107 COMPTON'S COMMERCIAL CLN
12125
5/12/2010
$3,823.99
9600 CONCRETE SLAB LIFTING
12126
5/12/2010
$3,560.00
8602 CROWN TROPHY
12127
5/12/2010
$106.34
4127 DANIMAL DISTRIBUTING INC
12128
5/12/2010
$762.60
9730 DEERY AMERICAN CORPORATI
12129
5/12/2010
$2,117.82
807 DIAMOND VOGEL PAINTS
12130
5/12/2010
$625.22
8437 DIRECTV INC
12131
5/12/2010
$846.76
820 DORSEY & WHITNEY
12132
5/12/2010
$25,105.62
8604 EMERGENCY APPARATUS
12133
5/12/2010
$1,067.71
9061 EMERGENCY AUTOMOTIVE TEC
12134
5/12/2010
$36.60
7394 ESS BROTHERS & SONS INC.
12135
5/12/2010
$308.87
8697 EXTREME BEVERAGE
12136
5/12/2010
$358.00
8647 FRATTALLONE'S HARDWARE
12137
5/12/2010
$2.70
9236 FSH COMMUNICATIONS
12138
5/12/2010
$64.13
1030 G & K SERVICES INC
12139
5/12/2010
$707.22
4172 GRAPE BEGINNINGS, INC.
12140
5/12/2010
$168.50
8221 HEDBACK, ARENDT, KOHL
12141
5/12/2010
$5,000.00
1505 HENNEPIN COUNTY SHERIFF
12142
5/12/2010
$493.83
8365 HENNEPIN COUNTY TREASURE
12143
5/12/2010
$514.50
4207 HOHENSTEIN'S, INC
12144
5/12/2010
$5,187.85
8252 HOME DEPOT CREDIT SERVIC
12145
5/12/2010
$100.54
4125 JJ TAYLOR DISTRIBUTING
12146
5/12/2010
$39,978.81
4220 JOHNSON BROTHERS LIQUOR
12147
5/12/2010
$17,780.50
9729 LIFT BRIDGE BEER CO.
12148
5/12/2010
$130.00
9114 M. AMUNDSON LLP
12149
5/12/2010
$2,339.73
2160 MARSHALL CONCRETE PROD
12150
5/12/2010
$407.70
2240 METROPOLITAN COUNCIL
12151
5/12/2010
$41,854.62
9459 MIDC ENTERPRISES
12152
5/12/2010
$141.42
17
US BANK SAINT ANTHONY VILLAGE 18
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
8467 MIDWAY FORD
12153
5/12/2010
$122.76
2280 MIDWEST ASPHALT CORP
12164
5/12/2010
$613.54
9255 MIDWEST SIGN & SCREEN PR
12155
5/12/2010
$90.65
8850 MINNESOTA HIGHWAY SAFETY
12156
5/12/2010
$732.00
8494 MINNESOTA MUNICIPAL
12157
5/12/2010
$478.00
9293 MINNESOTA REVENUE
12158
5/12/2010
$345.00
8269 MINNESOTA SHREDDING LLC
12159
5/12/2010
$57.00
2395 MTI DISTRIBUTING, INC
12160
5/12/2010
$605.29
5232 MURPHY'S SERVICE CENTER
12161
5/12/2010
$6,16
8996 NEEDHAM DISTRIBUTING CO
12162
5/12/2010
$436.00
4334 NORTHEASTER
12163
5/12/2010
$499.00
9272 NORTHERN FACTORY SALES 1
12164
5/12/2010
$357.96
9523 NORTHSTAR INSPECTION SER
12165
5/12/2010
$4,307.10
45 OFFICE DEPOT
12166
5/12/2010
$410.87
8528 PACE ANALYTICAL SERVICES
12167
5/12/2010
$369.00
9615 PAETEC
12168
5/12/2010
$182.54
9275 PAT KERNS WINE MERCHANTS
12169
5/12/2010
$301.00
4354 PAUSTIS & SONS
12170
5/12/2010
$1,892.51
4360 PHILLIPS WINE & SPIRITS
12171
5/12/2010
$7,401.75
4361 PINNACLE DIST,
12172
5/12/2010
$210.00
9139 PROPERTY KEY, INC.
12173
5/12/2010
$50.00
4385 QUALITY WINE CO
12174
5/12/2010
$23,440.35
9119 RECHECK
12175
5/12/2010
$15.00
9680 SENSUS METERING SYSTEMS
12176
5/12/2010
$811.30
3315 SL-SERCO
12177
5/12/2010
$1,000.00
8983 SOULO DESIGN, INC
12178
5/12/2010
$255.00
9259 SPRINT
12179
5/12/2010
$293.99
4782 ST ANTHONY VILLAGE CENTE
12180
5/12/2010
$1,899.61
4400 ST ANTHONY VILLAGE WINE
12181
5/12/2010
$53.37
3490 STREICHER'S
12182
5/12/2010
$327.86
9336 SUBURBAN TENT & AWNING
12183
5/12/2010
$75.00
4780 SURLY BREWING CO
12184
5/12/2010
$3,112.00
3260 T A SCHIFSKY & SONS
12185
5/12/2010
$617.55
5273 TESSMAN SEED INC.
12186
5/12/2010
$280.55
3560 TRACY PRINTING
12187
5/12/2010
$73.74
8824 TRI -COUNTY BEVERAGE, INC
12188
5/12/2010
$16.00
9580 TWIN CITIES FLAG SOURCE,
12189
5/12/2010
$334.52
8449 TWIN CITY GARAGE DOOR
12190
5/12/2010
$116.95
9791 UNCORKED BEVERAGE CO
12191
5/12/2010
$142.50
8010 UNIFORMS UNLIMITED
12192
5/12/2010
$1,702.89
8336 UNITED ELECTRIC COMPANY
12193
5/12/2010
$53.33
8561 UNITED RENTALS NORTHWEST
12194
5/12/2010
$522.57
8270 UNITED STATES POSTAL SER
12195
5/12/2010
$700.00
4490 VAL-PAK OF MINNESOTA
12196
5/12/2010
$740.00
8227 VERIZON WIRELESS
12197
5/12/2010
$1,075.20
4451 VINOCOPIA
12198
5/12/2010
$683.25
9702 W.D. LARSON COMPANIES LT
12199
5/12/2010
$6.80
9497 WATER CONSERVATION SERVI
12200
5/12/2010
$215.00
8316 WINE COMPANY/THE
12201
5/12/2010
$756.50
8310 WINE MERCHANTS INC
12202
5/12/2010
$3,669.54
4175 WIRTZ BEVERAGE - (GRIGGS
12203
5/12/2010
$15,407.84
US BANK SAINT ANTHONY VILLAGE 19
CHECK REGISTER
VENDOR # PAYEE
9734 WIRTZ BEVERAGE MINNESOTA
4499 WORLD CLASS WINES, INC.
8273 WSB & ASSOCIATES, INC.
9711 Z WINES USA LLC
3840 ZEP MFG COMPANY
9766 ZIEGLER POWER SYSTEMS
TOTAL
CHECK #
DATE
AMOUNT
12204
5%1212010
$22,867.20
12205
5/12/2010
$773.00
12206
5/12/2010
$1,184.00
12207
5/12/2010
$89.25
12208
5/12/2010
$99.14
12209
5/12/2010
$185.34
$327,167.54
&1a arytJ
Report Date:
Meeting Date:
RF6-1 F,57 -EO— . OOkNOIL OON�lDET2.4TlON
May 11, 2010 Agenda Section: VI. A.
May 11, 2010
ITEM DESCRIPTION: Resolution 10-032; Amending the Lease for St. Anthony/ New
Brighton School District #282.
MANAGER'S REVIEW:
The St. Anthony/New Brighton School District #282 School Board
requested to have the Community Center gymnasium be used
primarily for schools and community services gymnastics
program. In the packet is a resolution amending the existing lease
with the city so the community center gym to be used for the
gymnastic program.
At the April 13u1 City Council meeting, the city council heard a
report from School Staff about re-orgatuzation of gym space
between the schools gyms and community center gym. The
primary benefit according to the school is gym time for the
community would increase dramatically. The number of gym
space for public use will increase from 2 to 5.
The City would still be able to use the gymnasium for elections.
Michael Mornson
City Manager
Attachments:
• Lease Agreement with ISD #282
• Current Gym Schedule and School District Information
• 2010-2011 Proposed Community Center Gym Schedule.
• Amendment to Lease for Article 6. Use
• Resolution 10-032; Amending the Lease for the St. Anthony/New Brighton School District #282.
Z:AComnciI Meetings\2010A05112010Astaff gymnasium and lease amendmentt.doc
20
21
LEASE
THIS LEASE is entered into as of the a TA day of jam{ .6 r
19-1k, by and between the CITY OF ST. ANTHONY, am idipalcorporation under the laws
of the State of Minnesota, (hereinafter called "Landlord") and ST. ANTHONY/NEW
BRIGHTON SCHOOL DISTRICT #282 (hereinafter called "Tenant"),
Landlord, in consideration of the rents and covenants herein, does hereby Demise, Lease and Let
unto the Tenant, and the Tenant does hereby hire and take from the Landlord the following.
described premises located in the City Hall/Community Center in the City of St.. Anthony, 3301
Silver Lake Road, County of Hennepin and the State of Minnesota (the "leased premises,,):
As described in the attached floor plan developed by Williams/O'Brien Associates, Inc., Offices
22, 23, 24, 25, and 26; Waiting Room 21, Copy Room 20, Conference Room 19, Closet 23B,
Preschool Room 17, ECFE Room 15, Kindergarten Room 13, Dayrooms 106 and 104, Break
Room 8, Community Services Storage 4, Storage 9, and Activity Room 6.
TO HAVE AND TO HOLD THE LEASED PREMISES, without any liability or obligation on
the part of Landlord for making any alterations, improvements or repairs of any kind in, on or
about the leased premises except as provided herein, for the term of six (6) months commencing
January 1, 1997, unless terminated at an earlier date as hereinafter provided.
ARTICLE 1. RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony, Minnesota, 55418,
or at such other address as may be designated by Landlord, without prior demand and
without any deduction or set-off, monthly rent of $8,333.34, commencing January 1, 1997
through June 30, 1997. If this Lease, is not terminated, the total annual rent shall be
$100,000 for each twelve (12) month period ($90,000 of the total cost is for space for
Community Services and $10,000 is for the gym space). Attached to this Lease is the
expectant payment schedule from the School District over the next 20 years (1997-2016).
If the Legislature or Department of Children, Families & Learning removes the right of
Tenant to levy for rental costs, Tenant will no longer be bound to the payments as
scheduled. If Tenant no longer makes payments to the City, Tenant shall immediately
vacate all of the leased premises.
ARTICLE 2. TERM.
The term of this Lease shall be from January 1, 1997 through June 30, 1997, but the term
will be automatically extended for successive periods of twelve (12) months each, unless
the Lease is terminated at an earlier date as provided in Article 19.
City of St. Anthony
School District #282
Page 2
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonableamounts, and snow removal, but Landlord shall not be liable for any loss or
damage caused by or resulting from any variation, interruption or failure of such services
due to any cause, and no temporary interruption or failure of such services, incident to the
making of repairs, alterations or improvements or due to accidents or strikes, or conditions
or events not under Landlord's control shall be deemed as an eviction of the Tenant or
relieve the Tenant from any of the Tenant's obligations hereunder.
If services are interrupted for a period of five consecutive days and all or a portion of the
leased premises are untenantable because of the lack of services, the monthly rent will
abate for the period the leased premises are untenantable in proportion to the portion of
the leased premises which is untenantable.
ARTICLE 4. NON -LIABILITY OF LANDLORD.
Landlord shall not be liable to Tenant or those claiming through or under Tenant, or
Tenant's agents, guests, invitees, clients or otherwise for any damage for failure to furnish
services or utilities, the necessity for repairs or improvements to such services, fire,
explosion, strikes, or any causes beyond Landlord's reasonable control; nor shall Landlord
be liable for personal injuries, death, or any damage from any cause in or about the leased
premises or the building in which the leased premises are located, including the parking
area, and without limiting the generality of the foregoing, any personal injuries, death or
damage resulting from the use or escape of gas, water, steam, electricity, air conditioning
or other agency, or due to fire, explosion or action of the elements. Landlord shall have
no responsibility or liability for loss or damage to fixtures, facilities or equipment installed
or left on the premises. Tenant agrees to place and maintain throughout the term hereof
at its sole expense, such fire and other casualty insurance covering Tenant's property as
Tenant deems appropriate in Tenant's reasonable discretion. Tenant further agrees to
place and maintain throughout the term hereof, commercial general liability insurance
covering the leased premises and providing insurance coverage with minimum amounts
of liability for bodily injury to one person in the amount of $600,000.00 and for bodily
injury to any group of persons in the amount of $600,000.00 and for property damage in
the amount of $600,000.00. Landlord and Tenant each expressly waive any right of
recovery against each other for any losses caused by or resulting from any acts of
negligence or carelessness of the other, to the extent that such losses might arise from fire
or any other peril covered by any policy of insurance.
22
City of St. Anthony. 23
School District M2
Page 3
ARTICLE 5. CARE OF PREMISES.
Tenant agrees:
1) to keep the leased premises in as good condition and repair as they were in at
the time Tenant took possession of same; reasonable wear and tear and damage
from the fire and other casualty, for which insurance is normally procured,
excepted;
2) to keep the leased premises in a clean and sanitary condition;
3) not to commit any nuisance or waste on the leased premises, throw foreign
substances in plumbing facilities, or waste any of the utilities furnished by.
Landlord;
4) if Tenant shall fail to keep and preserve these premises in the state of condition
required by the provisions of this Article, the Landlord may, at its option, put or
cause the same to be put into the condition and state of repair agreed upon, and in
such case, the Tenant, on demand, shall pay the cost thereof;
6) Tenant agrees to abide by such Rules and Regulations as may be reasonably
promulgated by Landlord so long as the same are consistent with the rights of
Tenant under this Lease.
Tenant shall erect no signs on the leased premises without the prior written permission of
the Landlord. Landlord shall be responsible for the maintenance and repair of structural
members, walls, footings and the roof of the building of which the leased premises are a
part and the building systems to the point of entry into the leased premises, subject,
however, to the provisions of Article 10. Tenant shall be responsible for all other
maintenance, repair and replacement necessary for use of the leased premises. Landlord
shall be responsible for maintenance of the parking area, including snow plowing; and
security lighting.
ARTICLE 6. USE.
Tenant shall use the leased premises for community service offices, meetings, and
activities offered by Community Services. Additional use could include civic and
cormnunity groups. Tenant agrees not to commit or permit any act to be performed on the
premises or any omission to occur which will be in violation of any statute, regulation or
ordinance of any governmental body or which will increase the insurance rates on the
building, or which will be in violation of any insurance policy carried on the premises by
the Landlord. The Tenant shall not disturb other occupants of the building by making any
City of St. Anthony
School District #282
Page 4
undue or unseemly noise or otherwise, and shall not do or permit to be done in or about
the leased. premises anything which will be dangerous to life, limb or property..
ARTICLE 7. INSPECTION AND REPAIRS,
The Landlord or its employees or agents shall have the right to enter the premises at all
reasonable times, upon reasonable prior notice for the purpose of inspection, cleaning,
repairing, altering or improving the same or said building, but nothing contained in this
Article 7 shall be construed so as to impose any obligation on the Landlord to make any
repairs, alterations or improvements.
ARTICLE 8. ALTERATIONS.
Tenant will not make any alteration, additions or improvements in or to the leased
premises or add, disturb or in any way change any plumbing or wiring therein without the
prior written consent of the Landlord which consent shall not be unreasonably withheld
or delayed so long as the same does not adversely affect the structure, systems, appearance
or value of the Building. Landlord may condition its consent if Tenant agrees to make
such alterations, additions or improvements at its own sole expense, and warrants to
Landlord that all such alterations, additions, or improvements shall be in strict compliance
with all relevant laws, ordinances, governmental regulations andinsurance requirements.
ARTICLE 9. COMMON AREAS.
Tenant is hereby granted the nonexclusive right to use the driveways, parking, sidewalks,
hallways and restrooms serving the Building ("Common Areas") in connection with
Tenant's use of the leased premises and subject to the provisions of this Lease,
In addition to the use of the Connnon Areas, Landlord and Tenant contemplate the use of
the. Multipurpose Room and Gymnasium, shown on the attached floor plan for various
cormnunity events. Landlord shall, for the term of this Lease, be responsible for the
scheduling of events and the collection of fees for use of the Multipurpose Room and
Gymnasium according to a rental fee schedule satisfactory to Landlord. All events other
than events of Landlord or Tenant, shall be subject to rental fees in accordance with the
rental fee schedule. All rental fees shall be paid to and retained by Landlord. Tenant shall
schedule no event for which adequate insurance (with respect to both coverage and cost)
is not, in the opinion of Landlord, available. For purposes of this Article 9, insurance
coverage shall be deemed adequate if the proposed user shall carry commercial general
liability insurance with limits at least equal to those required of Tenant in Article 4 hereof.
Except for current methods of scheduling and such modifications as are agreed upon
24
25
City of St. Anthony
School District #282
Page 5
between landlord and Tenant, Tenant shall schedule no event which, at the time of
— - .... -- - -- _ . _ .------ — --- ---
scheduling, conflicts in time with any scheduled Landlord event or Landlord -sponsored
event. Landlord will not convert the Multipurpose Room or Gymnasium to different uses
during the term of this Lease without providing similar space for continuation of the
community services events.
Landlord shall be responsible for the maintenance and cleaning of the Common Areas, the
Gymnasium and the Multipurpose Room except that Tenant shall be responsible for
cleaning the Gymnasium and Multipurpose Room after any Tenant -sponsored events
scheduled by Tenant pursuant to this Article, and for -repairing any damage occurring at
or as a result of such events. Landlord will be responsible for repair and maintenance of
the Building.
ARTICLE 10. ASSIGNMENT OR SUBLETTING.
Tenant shall not assign this Lease or sublet the leased premises, or any part thereof,
whether by voluntary act, operation of law, or otherwise, without obtaining the prior
written consent of Landlord in each instance; Tenant shall seek such written consent by
a written request therefor, setting forth such information as Landlord may desire. In the
event that a bona fide sub -tenant or assignee is proposed to Landlord by Tenant, and
Landlord is unwilling to consent to such proposed subtenancy or assignment, Landlord
shall have the right, at Landlord's sole discretion, to terminate this lease upon thirty (30)
days written notice to Tenant in lieu of consenting to such proposed sub -tenancy or
assignment. Consent by Landlord to one assignment of this Lease or to one subletting of
the leased premises shall not be a waiver of Landlord's rights under this Article as to any
subsequent assignment or subletting. Landlord's rights to assign this Lease are and shall
remain unqualified.
ARTICLE 11, DAMAGE BY FIRE OR OTHER CASUALTY.
If fire or other casualty shall render the leased premises untenantable, this Lease shall
terminate forthwith, and any prepayments of rent shall be refunded by the Landlord pro -
rata; provided, however, that if the premises can be repaired within ninety (90) days from
the date of such event, then at Landlord's option by notice in writing to Tenant mailed
within thirty (30) days after such damage or destruction, this Lease shall remain in full
force and effect, but the rent for the period during which the premises are untenantable
shall be discounted pro -rata.
City of St. Anthony .
School District #282
Page 6
ARTICLE 12. EMINENT DOMAIN.
If such a portion of the leased premises or the Building or the Property are taken by any
public authority under the power of eminent domain as to render the remaining. portion
unsuitable for the purposes intended hereunder, then the term of this Lease shall cease as
of the day possession shall be taken by such public authority, and Landlord shall make a
pro -rata refund of any rent that may have been paid in advance. All damages awarded for
such taking under the power of eminent domain shall belong to and be the property of
Landlord, irrespective of the basis upon which they are awarded.
ARTICLE 13. SURRENDER.
On the last day of the term of this Lease or on the sooner termination thereof, Tenant shall
peaceably surrender the leased premises in good condition and repair consistent with
Tenant's duty to make repairs as provided in Article 5 hereof. On or before the last day
of the term of the lease or the sooner termination thereof, Tenant shall at its expense
remove all of its equipment from the leased premises, and any property not removed shall
be deemed abandoned. Tenant shall reimburse Landlord for any expenses incurred by
Landlord with respect to removal or storage of abandoned property. All alterations,
additions and fixtures, other than Tenant's equipment, which have been made or installed
by either Landlord or Tenant upon the leased premises shall remain as Landlord's property
and shall be surrendered with the leased premises as a part thereof; provided, however,
that Tenant may prior to the end of the term of this lease remove any of its fixtures if in
so doing it shall repair any damage occasioned thereby. If the leased premises be not
surrendered at the end of the term or sooner termination thereof, Tenant shall indemnify
Landlord against loss or liability resulting from delay by Tenant in so surrendering the
premises, including, without litigation, claim made by any succeeding tenant founded on
such delay, and reasonable attorneys fees. Tenant shall promptly surrender all keys for
the leased premises to Landlord at the place then fixed for payment of rent and shall
inform Landlord of combinations on any locks and safes on the leased premises.
ARTICLE 14. NON-PAYMENT OF RENT: DEFAULTS.
If any one or more of the following occurs, (1) a rent payment from Tenant to Landlord
shall be and remain unpaid in whole or in part for more than fifteen (15) days after notice
from the Landlord; (2) Tenant shall violate or default any of the other covenants,
agreements, stipulations, or conditions herein, and such violation or default shall continue
for a period of thirty (30) days after written notice from Landlord of such violation or
default or, if the default may not reasonably be cured within a thirty (30) day period, then
within such additional time as may be reasonably necessary to cure the default so long as
Tenant is making diligent efforts to cure the default; or (3) if Tenant shall be adjudged
26
City of St. Anthony
School District #282
Page 7
bankrupt or file a petition in bankruptcy or otherwise indicates insolvency or becomes
insolvent; then it shall be optional for Landlord to declare this Lease forfeited and the said
term ended, and to re-enter said premises, with or without process of law, using such force
as may be necessary to remove all persons or chattels therefrom, and Landlordshall not
be liable for damage by reason of such re-entry or forfeiture; but notwithstanding re-entry
by Landlord or forfeiture or termination of this Lease, the liability of Tenant for the rent
provided for herein shall not be relinquished or extinguished for the balance of the term
of this Lease. Each party to this Lease will pay, in addition to the rentals and other sums
agreed to be paid hereunder, such additional sums as the court may adjudicate reasonable
as attorney's fees in any suit or action instituted by the other party to enforce the
provisions of this Lease, or the collection of the rentals due Landlord hereunder.
ARTICLE 15. HOLDING OVER.
In the event Tenant remains in possession of the premises herein leased after the expiration
of this Lease and without the execution of a new lease, it shall be deemed to be occupying
said premises as a tenant from month to month, subject to all the conditions, provisions,
and obligations of this lease insofar as the same can be applicable to a month-to-month
tenancy.
ARTICLE 16, COVENANTS TO HOLD HARMLESS.
Except in the case of negligence of Landlord, its agents or employees, Tenant agrees to
hold Landlord harmless for any liability for damages to any person or property in or about
the leased premises and to defend and indemnify Landlord with respect to any actions,
suits or claims relating to any injury, death or properly damage within the leased premises,
except the Tenant accepts no responsibility and does not hold harmless such claims as
could be a result of decorative entry. All property kept, stored, or maintained in the
leased premises shall be so kept, stored, or maintained at the sole risk of. Tenant. Tenant
agrees to pay all sums of money in respect of any labor, services, materials, supplies or
equipment furnished or alleged to have been furnished to Tenant in or about the leased
premises which may be secured by any mechanic's, materiahnen's or other lien against the
leased premises or the Landlord's interest therein and will cause each such lien to be
discharged at the time performance of any obligation secured thereby matures, provided
that Tenant may, upon depositing and maintaining with Landlord a sum reasonably
satisfactory to Landlord to protect Landlord's interest in the leased premises from such
lien, contest such lien, but if such lien is reduced to final judgement or process thereon is
not stayed, or if stayed and said stay expires, then and each such event Tenant shall
forthwith pay and discharge said judgement. Landlord shall have the right to post and
maintain on the leased premises, notices of non -responsibility under the laws of
Minnesota.
27
28
City of St. Anthony
School District. #282
Page 8
ARTICLE 17. SUBORDINATION
At. the request of any mortgagee or ground lessor, this Lease may be subject and
subordinate to any mortgage or ground lease which may now -or hereafter encumber the
Building, and Tenant will execute, acknowledge and deliver to Landlord any document
requested .by Landlord to evidence the subordination. Such subordination is on the
condition that Tenant's right of possession of the leased premises as provided in this Lease
will not be distributed by the mortgagee or ground lessor so long .as Tenant is not in
default under. this Lease. If the interest of Landlord is transferred to any party by reason
of foreclosure of a mortgage or cancellation of a ground lease, or by delivery of a deed
in lieu of foreclosure or cancellation, Tenant will immediately and automatically attorn to
such party. Tenant agrees that upon notification by Landlord or any mortgagee or ground
Landlord of the election of a mortgagee or ground lessor to subordinate its interest in the
leased premises to this Lease, this Lease will become prior to the mortgage or ground
lease.
ARTICLE 18. GENERAL.
This Lease does not create the relationship of principal and agent or of partnership or of
joint venture or of any association between Landlord and Tenant, the sole relationship
between Landlord and Tenant being that of landlord and tenant. No waiver of any default
of either party hereunder shall be implied from any omission by the other party to take any
action on account of such default if such default persists or is repeated, and no express
waiver shall affect any default other than the default specified in the express waiver and
that only for the time and to the extent therein stated. Each term and each provision of
this Lease performable by Tenant shall be construed to be both a covenant and a condition.
All preliminary negotiations are merged into and incorporated in this Lease. This Lease
can only be modified or amended by an Agreement in writing, signed by the parties
hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of
each party hereto. Any notice required to be served in writing hereunder shall be mailed
to the parties at the addresses set out after their respective signatures. Any and all
indebtedness owing by the Tenant to the Landlord pursuant to the terms of this Lease
which remains unpaid for a period of thirty (30) days after it first becomes due and
payable shall bear interest from and after the lapse of such thirty (30) day period at the rate
of eight percent (8 %) per annum. This Lease shall not be effective until executed by all
parties hereto.
Article 19. TERMINATION.
Either party may terminate this lease upon ninety (90) days written notice to the other
party.
City of St. Anthony
School District #282
Page 9
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year, first
above Written.
For: . ST. ANTHONY/NEW BRIGHTON
SCHOOL DISTRICT #282
Its Chair—
.
Its Clerk
/e 1-76
Date
For: CITY OF ST. ANTHONY
Its Mayor
&.—
Its City M ager
I0-aa�
Date
29
30
CITY OF ST. ANTHONY
RESOLUTION 96-046
A RESOLUTION APPROVING THE LEASE BETWEEN THE
CITY OF ST. ANTHONY AND INDEPENDENT SCHOOL DISTRICT
NO. 282 AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE LEASE ON BEHALF OF THE CITY
BE IT RESOLVED, that the City Council of the City of St. Antho
Lease between the City, and St. ny hereby approves the
Anthony/New Brighton School District No. 282 and
authorizes the Mayor and City Manager to execute said Lease on behalf of the City.
Adopted this 24-M day of5��
V n, P--� ----, 1996.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
*CityMaier
31
City of St.Anthony
Amendment to Lease
This is an amendment to the lease dated September 24,1996, between the City of
St. Anthony and the St. Anthony/ New, Brighton School District #282.
AMENDING ARTICLE 1. RENT
___Tenant will _pay_to.l.andlord_at_3301..Silver_Lake-Road,-St. Anthony, -Minnesota,
55418, or at such other address as may be designated by Landlord, without prior
demand and without any deduction or set-off, monthly rent of $10,416.67,
commencing January 1, 2008.
This amendment is effective January 1, 2008.
For: St. Anthony/ New Brighton
School District #282
Its Chair
its
Clerk
_K�
J Ak O
Date
For: City of St. Anthony
Mayor
IV�M
Its Cit Manager
11/2�7to-7
Date
C:AUsers\tlliompson.000\Appllata\Local\Microsoft\Windows\Temporary Internet
Fi1es\0LK6214\amendment to community services lease.doc
i
i-_�
_,.- i _. i -. _.,
33
On December 1, 2009, the School Board approved a five-year capital plan which includes the
construction of a new cafeteria. This new construction would allow a reorganization of space
with the goal to reclaim the existing upper gymnasium.
We are proposing the following sequence of events in order to utilize the full gymnasium:
1. Build a new cafeteria space
2. Move the current weight room into the old cafeteria
3. Move the current gymnastics gym to the community center gym
4. Refurbish the old (upper) gymnasium into a multi -sport /activity facility
Benefits of this plan -
Each Day...
• 1000+ students would benefit from an improved lunch schedule and dining facility
• 430 students would benefit from improved physical education instructional areas and facilities
• 110 athletes would have improved practice times, space, and not have the worry of having
practice "bumped" due to another activity
• 100+ students and staff would benefit from a new fitness center
Each Week...
325+ Sports Booster participants would practice at a better hour of the day in an improved
training facility
Each Year...
• Game times could be moved to 5:30pm (from 4:15pm) allowing more parents the opportunity
to attend games and practice time prior to games.
• Activities such as Middle School Activity Night and Patriots Practice would not be competing for
time with other seasonal after school activities.
• Events and practice times would be reduced, improving staff hours.
• The High School gymnastics team and Community Services' gymnastics program would gain a
b ette r fa ci I ity.
• School and community groups will have access to a new meeting and banquet space.
• The new cafeteria space will also double as a curricular and testing space when needed.
34
Rationale for this plan -
We are very short on gym space in the community, This plan addresses gym shortage issues for
the city and school district. We will increase the number of gym courts available for public use
from two to five.
• Available gym time for the community would increase dramatically. Space available during the
week will increase 170% and space on the weekend would increase 110%- 250%.
• The school district is investing $1.3 million in a cafeteria and an additional $150,000 to repair
the upper gym floor so it will be suitable for gym use. In addition, the school district will change
staffing to appropriately accommodate weekend use as needed.
• City/public groups will be less likely to need to travel outside the city for gym space.
• For the school —this addresses the greatest deficiency for curricular space in the secondary
building.
• Locker rooms would be available for use at the HS/MS —currently none are available at the
community center, meaning groups must change either in the atrium or bathrooms.
• Since the passing of Title IX legislation in 1972, our community's pool of athletes has doubled
and we have lost three gyms (Silver Oak, Parkview, and the current weight room space). In
response to losing three gyms, we have only added the community center gym since this time.
• The community center gym is a nice space, but is not appropriately sized or designed as a
competition space. There is not adequate or safe room for spectators or locker room space for
changing.
• Sports Boosters would have two very nice gyms in which to play their games.
• Gymnastics would be allowed to flourish. This change would provide a better space for youth
programming and a more secure area for equipment without the wear -and -tear of high school
physical education activities not intended for gymnastics equipment.
Additional Notes ...
• This change creates a good space for Community Services programming—youth gymnastics,
aerobics, yoga, etc.
• Quieter activities and groups would now be hosted at the Community Center in the evening (no
more distractions during meetings).
• Safety — a better match of appropriate activities and ages for our gym spaces.
• The Blueprint for a Bright Future Task Force (community -led task force) made this
recommendation in 2005 to the School Board.
35
Notes about the Gym Schedule Example ...
Attached please find two schedules detailing a typical week, during the winter months, and activities
which take place in the Community Center and High School gyms. The top schedule shows our current
gym availability,, the bottom schedule identifies future gym availability.
Grayed areas are not available for community use. Colored areas show the times scheduled programs
fill and the open or white areas represent time available for community (and Sports Booster) use.
Each gym court is counted as one space when determining hours available. Since the Community Center
gym is approximately one-half the size of the two school gyms, courts were counted as two lower gym
spaces (total gym space is 90' x 97'), two upper gym spaces (total gym space is 90' x 100'), and one
Community Center space (60'x 90').
When calculating a projected schedule using the proposed gym structure, school practice times were
increased in length from what is currently available and additional activities were included, such as
added middle school practices and a middle school activity night. Even with lengthened practices and
added activities, there is still a dramatic increase in gym space available to the community.
Notes on the schedule:
• Notice the earlier ending time of high school practices—no more late practices.
• On Monday of the current schedule, the high school boys' basketball team is only able to
practice one hour, due to the MS game. Under the proposed schedule, they would be allowed
two and one half hours for practice.
• On Tuesday, if the boys or girls high school team has a game and the other team does not, the
MS is not able to practice that day and the other team only has one hour for practice. On the
proposed schedule, both teams would be allowed a full-length practice.
• On a typical Wednesday, high school basketball practices end at 8:00 p.m. With the addition of
the upper gym's availability, all practices would be complete by 6:30 p.m. (this is with 2.5 hours
of practice time for the boys and girls versus the 2 hours currently allotted). This timing is even
more dramatic if the middle school has an away game, as shown on Thursday's schedule.
• On Friday the MS basketball teams do not practice. On a typical Friday, one high school team
would be at home and one team would be traveling. Even after adding a Middle School Activity
Night to the proposed gym schedule —this time would not be available on the current schedule
— a full gym is open to the community by 5:00 p.m. on Friday night.
• On the weekend, the school gyms would be available at a minimum of all day Saturday. This
would allow for games to be played in both the upper and lower gyms, providing locker rooms,
good spectator seating areas and a lot of gym time.
36
37
City of St. Anthony
Amendment to Lease
This is an amendment to the lease dated September 24,1996, between the City of
St. Anthony and the St. Anthony/ New Brighton School District #282.
AMENDING ARTICLE 6. USE
Tenant shall use the leased premises for community service offices, meetings,
and activities offered by Community Services, which may include the St, Anthony
Huskies gymnastics program as well as other youth gymnastics programs offered by the
St. Anthony/New Brighton School District of Community Services. Additional use
could include civic and community groups. Tenant agrees not to commit or
permit any act to be performed on the premises or any omission to occur which
will be in violation of any statute, regulation or ordinance of any governmental
body or which will increase the insurance rates on the building, or which will be
in violation of any insurance policy carried on the premises by the Landlord.
The Tenant shall not disturb other occupants of the building by making any
undue or unseemly noise or otherwise, and shall not do or permit to be done in
or about the leased premises anything which will be dangerous to life, limb or
property.
This amendment is effective beginning the 2010 -2011 School Year.
For: St. Anthony/New Brighton
School District #282
Its Chair
Its Clerk
Date
For: City of St. Anthony
Its Mayor
Its City Manager
Date
ZXonncil Meetings\2010\05112010\amendment to community services lease.doe
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 10-032
A RESOLUTION AMENDING THE LEASE AGREEMENT WITH ST.
ANTHONY -NEW BRIGHTON SCHOOL DISTRICT #282
COMMUNITY SERVICES.
WHEREAS, the St. Anthony -New Brighton School District #282 entered
in to a lease agreement with the City of St. Anthony in
September 1996; and
WHEREAS, the lease agreement is for the Community Services division
of the school district and gymnasium space; and
WHEREAS, the lease agreement was amended to allow an increase in the
rent amount with the effective dates of January 1, 2008; and
WHEREAS, the St. Anthony -New Brighton School Board is proposing to
amend the lease agreement Article 6. Use to allow the
Huskies gymnastic program as well as other youth
gymnastics programs offered by the St. Anthony/New
Brighton School District of Community Services; and
WHEREAS, this lease amendment would be effective beginning the 2010
- 2011 School year.
BE IT RESOLVED, that the City of St. Anthony approves amending the lease
with St. Anthony -New Brighton School District #282 Community Services.
Adopted this 1111, day of May, 2010.
ATTEST:
City Clerk
Reviewed for Administration:
Mayor
City Manager
St. Anthony Village
5 Year Capital improvement Plan Review
Street Reconstruction
Projects
2011-2015
n thn
lane
Street
Rs� E??W Reconstruction
Projects Completede
■
, i
lY�IR1RIRRR7 9�(1992
-2009)
1
Total Miles Reconstructed = 15 Miles
(47% Complete)
39
1
�Projects Remaining
-2025)
Mful HTT. (2010
-
Total Miles Remaining = 17 Miles
(53% Remaining)
Street & Utility Improvement Program
5 -Fear Improvement Plan
PROGRAM -YEAR
2011-$1,665,000
_
2012-$1,910,000
_ 2013 • $1,710,000
2014-$1,625,000
I♦ 2015-$1,640,000
Completed by 2025
IStreet & Utility111 10 3 Reconstruction
2
Financing Considerations
■ $1,885,000 Project Cost
■ 15 -yr Bond with P+I = $2,486,960 (3.658% Interest)
■ 20 -yr Bond with P+I = $2,776,958 (4.003% Interest)
Scheduling Considerations
■ Project Every Year = City Complete in 2025
■ Project Every Other Year = City Complete in 2040
Next Step
' Order 2011 Feasibility Report
■ Accept Feas. Report Order Final Plans
• Neighborhood Meeting
• Approve Plans and Order Bids
" Open Bids and Compute Assessments
• Neighborhood Meeting
• Assessment Hearing
■ Begin Construction
", . -1110
Jane 8, 2010
August, 2010
September, 2010
October, 2010
December, 2010
February, 2011
February,2011
May,2011
in 'IF
i a Cl
M11
3
RCWD Storm Water Permitting
• Many of the streets in the reconstruction program are within
the RCWD
oRCWD requires storm water volume reduction for future street
reconstruction improvements
■ St. Anthony Village, with its clay soils, has very limited
capacity to reduce storm water volume with infiltration
■ Propose to undertake a study to identify an approach to meet
RCWD Rules — Proactively respond to RCWD requirements for
street improvement program
��afynt/kNeligiry
Update - Silver Lake TMDL
' Total Phosphorus Reduction needed in watershed
tributary to Silver Lake is 40 Ib/yr
■ Projects completed but not accounted for in TMDL Report
■ Columbia Heights Beach Improvements
■ Three Rivers Park Storm Water Improvements
■ P -tree Fertilizer Ban
■ Public Meeting to be scheduled in 2010 on the TMDL
Report
' RCWD Study previously presented will assist in meeting
TMDL goals
42
4
43
FUTURE COUNCIL AGENDA ITEMS
5/11/2010
Meeting
Date
Meeting
Type
Staff
Items/Issues
May 26
Regular
Planning Commission items frorn May IS
June S
Regular
City Engineer
Resolution on 2011 Street Improvement Project
Ehlers & Associates
1) Administrative Change to'1'1F to Allow the Use of Proceeds from the
District to Offset Future Fannie Mae Payments
2) Request to Increase the Current Interfund Loan Resolution from
June 22, 2009
S) Pratt Redevelopment
June 22
Regular
Planning Commission items Flom June 15
Consent Agenda
Annual Insurance Renewal
Tautges Redpath
2009 Auditor's Report
Consent Agenda
Appointment of Election Judges for August State Primary [:lection
July 13
Regular
July 27
Regular
Proclamation
MN Night to Unite
City Manager
2nd Quarter Goals Update
August 2
Worksessiou
6:30 p.11).
August 10
Regular
8:00 p.n,.
August 24
Regular
September 14
Regular
City Manager
Finance Director
Setting the 201 1 Levy
September 28
Regular
Planning Commission items firom September 21
Consent Agenda
Appointment of Election Judges for the November State General Election
** WORKSESSIONS - 1ST MONDAY OF THE MONTH AS NEEDED
May 2010
Monthly Planner
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12 - City Council Meeting
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26 - City Council Meeting
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-7pm
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12 - City Council Meeting
19 - Planning Commission
26 - City Council Meeting
8 - Joint Meeting with Parks
Commission
- Parks Commission Mtg.
9 - City Council Meeting
16 - Planning Commission
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1 - Worksession
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Planning Commission
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- Joint Meeting with ISD #282
-7pm
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13 - City Council Meeting
20 - Planning Commission
27 - City Council Meeting
3 - Work session (tenative)
11- City Council Meeting
18 - Planning Commission
25 - City Council Meeting
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12 - City Council Meeting
19 - Planning Commission
26 - City Council Meeting
8 - Joint Meeting with Parks
Commission
- Parks Commission Mtg.
9 - City Council Meeting
16 - Planning Commission
23 - City Council Meeting
1 - Worksession
9 - City Council Meeting
'16 - joint Meeting with
Planning Commission
- Planning Commission Meeting
- Joint Meeting with ISD #282
-7pm
23 - City Council Meeting
5 - Work session (tenative)
13 - City Council Meeting
20 - Planning Commission
27 - City Council Meeting
3 - Work session (tenative)
11- City Council Meeting
18 - Planning Commission
25 - City Council Meeting
7 - Work session (tenative)
8 - City Council Meeting
14 - Parks Commission
15 - Planning Commission
22 - City Council Meeting
29 - Joint Meeting ISD#282
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12 - City Council Meeting
19 - Planning Commission
26 - City Council Meeting
8 - Joint Meeting with Parks
Commission
- Parks Commission Mtg.
9 - City Council Meeting
16 - Planning Commission
23 - City Council Meeting
1 - Worksession
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'16 - joint Meeting with
Planning Commission
- Planning Commission Meeting
- Joint Meeting with ISD #282
-7pm
23 - City Council Meeting
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13 - City Council Meeting
20 - Planning Commission
27 - City Council Meeting
3 - Work session (tenative)
11- City Council Meeting
18 - Planning Commission
25 - City Council Meeting
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8 - City Council Meeting
14 - Parks Commission
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29 - Joint Meeting ISD#282
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6 - Work session (tenative)
13 - Parks Commission
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16 - Planning Commission
23 - City Council Meeting
30 - Joint Meeting ISD#282
6 - Work session (tenative)
13 - Parks Commission
14 - City Council Meeting
21- Planning Commission
28 - City Council Meeting