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HomeMy WebLinkAboutCC PACKET 02282012CITY OF ST. ANTHONY CITY COUNCIL MEE'T'ING AGENDA February 28, 2012 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the folloHingitems: I. Approval of the February 28, 2012, City Council Meeting Agenda. (actionregasested.) II. Proclamations and Recognitions. (noactlonrequested) A. Resolution 12-024; To Recognize the Election of President Sault Niinisitb as the President of Finland. (pp. 1-2) 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 Councihnentber or citizen so requests, in which event the iteral will he removed from the Consent Agenda mrd placed elsewhere on the agenda. A. Approval of February 14, 2012, Council Meeting Minutes. (pp. 3-8) B. Licenses and Permits. (pp. 9-10) C. CWms.(pp.11-14) D. Resolution 12-025; Approving the joint Powers Agreement for the Mississippi Watershed Management Organization. (pp. 15-48) IV. Items Tabled from Previous Council Meetings. A. Resolution 12-026; Approving the Planned Unit Development Agreement and the Planned Unit Development Ordinance related to the Construction of the Autumn 'Woods Assisted. Living Facility in St. Anthony Village, Hennepin County, Minnesota and Ordinance 2012-02; Ordinance Amending Chapter 152 of the City Code, Being the Zoning and Land Use Chapter of the City of St. Anthony. (tabled from November 22, 2011) (pp. 49-92) V. Public Hearing. Todd Hubmer, WSB & Associates will be presenting the following: A. Resolution 12-027; Ordering Improvements for the 2012 Street & Utility Improvements. (pp. 93-108) B. Resolution 12-028; Adopt and Confirm Assessments for the 2012 Street & Utility Improvements. (pp. 109-110) VI. Reports from Commission and Staff. VII. General Business of Council. A. Resolution 12-029; Awarding a Bid for the 2012 Street & Utility Improvements. (pp. 111-112) B. Resolution 12-030; Awarding a Bid for the Macalaster Drive Sanitary Sewer Pipe Bursting Project. (pp. 113-114) C. Resolution 12-031; Providing for the Sale of $9,220,000 General Obligation Bonds, Series 2012A. Stacie Kvilvang, Ehlers & Associates is presenting. (pp. 115-140) D. Resolution 12-032; Approve A Request to Deep No More Than Five Female Chickens in an R-1 Zoning District at 3008 2961 Avenue NE. Mark Casey, City Manager is presenting. (pp. 141-148) E. Northwest Youth & Family Services. Jerry Hromtka is presenting. (pp. 149-152) VIII. Reports from City Manager and Council members. IX. Community Forum. lndaiduals may address the City Council about any item not ineluded on the regular agenda. Streakers are requested to come to the podrun, sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks 10 frve minutes Generally, the City Council will not take oficial action on items disaused a1 this tine, but may typically refertlx matterto stafffora frtfure report or direct the matter to be scheduled on an spcoming agenda. X. Information and Announcements. XI. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure, FACouncil Meetings120121022820121agendapgg,doex 1 CITY OF ST. ANTHONY Resolution 12-024 A RESOLUTION TO RECOGNIZE THE ELECTION OF PRESIDENT SAULI NIINISITO AS THE PRESIDENT OF FINLAND WHEREAS, in November, 1985, the Cities of Salo, Finland and St. Anthony, Minnesota recognized each other as sister cities; and WHEREAS, President SAULI NIINISITO visited St. Anthony in 1992 as a member of the Finnish Parliament, Minister of Justice and Chair of the Salo City Council, and WHEREAS, he is originally from Salo and served as head of the Salo Lutheran church and WHEREAS: in 1996 he became Minister of Finance of Finland, and WHEREAS: he became vice-chairman at the European Investment Bank and WHEREAS, he has been duly elected as the 12°i President of Finland since 1918, and WHEREAS, he received over 1,802,000 votes equating to 62.6 % with his 6 year term as President commencing in I March 2012, and WHEREAS, this relationship has produced many opportunities for cultural, educational, governmental and social understanding for all citizens; and WHEREAS, this has put a human face and understanding on two faraway communities, it has only highlighted our vast similarities, goals and sense of common good, and WHEREAS, we two communities universally celebrate the election of Sauli Niinosito as President of Finland, and commit to the continued spirit of cooperation between the cities of Salo, and St. Anthony through our Sister Cities association. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony that we recognize the election of SAULI NIINISITO as president of Finland and give him our heartfelt congratulations. Adopted this day of 2012. ATTEST: City Clerk Reviewed for Administration: Mayor City Manager 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 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 14, 2012 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 Mark Casey. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF FEBRUARY 14, 2012, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve the City Council Meeting Agenda of February 14, 2012. Motion carried unanimously. II. PROCLAMATIONS AND RECOGNITIONS. None. III. CONSENT AGENDA. A. Consider January 24, 2012, Council meeting minutes; B. Consider licenses and permits; C. Consider payment of claims; D. Consider Resolution 12-020; Approving an Amendment to the Joint Powers Agreement between the City of St. Anthony and Ramsey County for the Use of Yard Waste Management Site using the City's Allocation of SCORE Funds for the Period of January 1, 2012, through December 31, 2017; and E. Consider Resolution 12-021; Approving State of Minnesota Joint Powers Agreements with the City of St. Anthony on Behalf of its City Attorney and Police Department. Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the Consent Agenda items. Motion carried unanimously. 3 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4 City Council Regular Meeting Minutes February 14, 2012 Page 2 IV. PUBLIC HEARING. None. V. REPORTS FROM COMMISSION AND STAFF. None. VI. GENERAL BUSINESS OF COUNCIL. A. Resolution 12-022, Approving the Contract with Greater Metropolitan Housing Corporation. Suzanne Snyder, GMHC, presenting. Mayor Faust introduced Suzanne Snyder, Program Director from GMHC. Ms. Snyder stated GMHC has partnered with the City since 2002 to provide Housing Resource Center services and GMHC provides individual assistance to residents related to home improvement financing, construction consultations, as well as providing information and referrals. She stated three programs are administered in the City related to home improvement financing, including the St. Anthony Rehab Incentive Program, the St. Anthony Revolving Loan Program, and the Minnesota Housing Loan Programs. She discussed the St. Anthony rehab incentive program and indicated that since 2005, 80 rebates totaling $65,609 have been provided to residents averaging $820 per rebate and the total cost of rehab projects was $718,584. She indicated the rehab incentive program has been popular with residents and provides a great incentive to make improvements. She advised that this fund has $47.50 remaining and GMHC is requesting that funds be added to the rehab incentive program pool. She then explained the St. Anthony revolving loan program and stated that as of December 31, 2011, the City has program income of $54,755 representing principal and interest collected on the revolving loan program. She indicated that the rehab incentive program and revolving loan program have both been self- sustaining and the City has not had to budget additional dollars. She also discussed the services provided by GMHC related to construction and noted these services are provided to all residents, even those who do not need financing assistance. She encouraged residents to contact GMHC for further information regarding the services and programs at 612-588-3033. Councilmember Stille requested clarification regarding total rebates provided as well as the income from the revolving loan program. Ms. Snyder explained that the rebate activity summary reported totals since 2005. She indicated that the rehab incentive program initially received a grant from the Minnesota Housing Financing Agency for $45,000 in 2003 and 56 rebates were made with that money. She stated after the MHFA funds ran out, the City funded this program with rebates totaling approximately $110,000. She stated that 14 loans have been closed since inception of the Revolving Loan program with the first loan made in 2003 and as of January 1, 2012, the principal outstanding balance owed is $27,973. She explained that the City has historically transferred money out of program income in order to fund the rehab incentive program. 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes February 14, 2012 Page 3 Mayor Faust questioned the 4% interest rate on the revolving loan program given the lower interest rates available at other institutions. Ms. Snyder indicated the 4% interest rate was established when the program was created and agreed it would be worthwhile to review the guidelines and interest rate in particular. Mayor Faust requested the City Manager review the program guidelines with GMHC. Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution 12-022; Approving the Contract with Greater Metropolitan Housing Corporation. Mayor Faust noted the City has committed $12,500 for 2012 to this program. Motion carried unanimously. B. Goal Setting Report. Dave Unmacht, Springsted, presenting. Mr. Unmacht presented a summary of the City's 2012 strategic plan and noted the plan serves as the foundation for the City's strategies, goals, and priorities for the upcoming year. He commended the City Council and City staff for their commitment, participation, and engagement in this process. He stated that the City Council made a change in the City's mission statement to read "to be a progressive and livable community, a walkable village which is sustainable, safe and secure," noting the addition of the word "sustainable." He noted the City's vision statement was not changed. He then reviewed the goals of the City, noting that the fifth goal of "transparent and effective communication" was amended to add the word "transparent." IIe stated the City's strengths, weaknesses, opportunities, and challenges were revisited by the City Council and 2012 strengths include fiscal, public safety, location, City services, communication, and infrastructure. He discussed the 2012 weaknesses and opportunities identified by the City Council, as well as 2012 challenges. He presented the 2012 pyramid which includes action steps and serves as a guide for the community. Ile added the 2012 Strategic Plan document is available on the City's website and at City Hall. Mayor Faust expressed the City Council's thanks to Mr. Unmacht for his assistance in the strategic planning process. Motion by Councilmember Stille, seconded by Councilmember Jenson, to accept the 2012 strategic plan and goal setting report as presented. Motion carried unanimously. C. Resolution 12-023; Ratifying the 2012 Agreement between the City of St. Anthony International Union of Operating Engineers, Local 49, AFL-CIO, Representin the he St. Anthony Public Works Department. Mark Casey, City Manager, presenting. Mr. Casey presented the 2012 contract with Local 49 and stated he was pleased to announce a positive bargaining session with the union. He advised the one year contract includes a 1% wage N City Council Regular Meeting Minutes February 14, 2012 Page 4 increase, a $100 increase for family insurance coverage, and a $50 per month seasonal emergency adjustment pay. 4 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 12- 5 023; Ratifying the 2012 Agreement between the City of St. Anthony and International Union of 6 Operating Engineers, Local 49, AFL-CIO, Representing the St. Anthony Public Works 7 Department. 9 Motion carried unanimously. 10 11 Mayor Faust expressed the City Council's thanks and appreciation to Mr. Casey and the entire 12 Public Works staff for their efforts on behalf of the City. 13 14 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 15 16 City Manager Casey announced that Chris Fuller and Mike Sitarz were recently named Fire 17 Instructors of the Year by Fire Instructors & 'Training Officers of Minnesota. I -Ie stated this is a 18 prestigious award and was pleased to have two fire fighters from St. Anthony receive the award. 19 20 Mayor Faust expressed the City Council's congratulations and appreciation to Mr. Fuller and Mr. 21 Sitarz for their efforts. 22 23 Councilmember Gray —No report. 24 25 Councilmember Jenson reported on his attendance at the January 31, February 1, and February 2 26 School District candidate forum to select a new superintendent. He stated the candidate selected 27 is Bob Laney from the St. Louis Park School District. 28 29 Councilmember Roth reported on his attendance at the February 2`1 Cable Commission meeting 30 at which time results were presented from the surveys of the community as well as results from 31 testing done throughout the district which will be helpful during contract negotiations with 32 Comcast. 33 34 Councilmember Stille — No report. 35 36 Mayor Faust reported on his attendance at the following: 37 • January 26°i forum sponsored by Sen. Franken at the University of Minnesota regarding 38 energy savings and renewable energy. He noted that the City was recognized for its 39 Green Step City efforts and its water reuse project. 40 • January 27°i introductory remarks at the winter snowplowing and turf maintenance class. 41 • January 301" City Council work session. 42 • February 13°i MWMO organizational restructure meeting. 43 44 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 City Council Regular Meeting Minutes February 14, 2012 Page 5 VIII. COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. None X. ADJOURNMENT. Mayor Faust adjourned the meeting at 7:52 p.m. Respectfully submitted, Barbara Hughes (TimeSaver Off Site Secretarial, Inc.) ATTEST: City Clerk Mayor 7 Ill THIS PAGE LEFT INTENTIONALLY BLANK Saint Anthony Village DATE: February 28, 2012 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: FIVAC, Rogers, MN SAV Wine & Spirits 92 2602 39t" Ave SAV Wine & Spirits #I 2700 County Rd 88 Walmart Store #3404 3800 Silver Lake Rd Apple Minnesota LLC, dba Applebee's Neighborhood Grill & Bar 2800 39'x' Avenue St. Anthony Restaurant Group, dba Village Pub 2720 Highway 88 Applicant: Smashburger Acquisition Mpls, LLC, dba Smashburger Location: 3900 Silver Lake Road p 10 THIS PAGE LEFT INTENTIONALLY BLANK US BANK CITY OF ST. ANTHONY 11 CHECK REGISTER VENDOR PAYEE CHECK # DATE AMOUNT 20 AA BATTERY CO 17009 2/29/2012 $256.34 8964 ACCLAIM BENEFITS 17010 2/29/2012 $515.00 8471 AIRGAS NORTH CENTRAL 17011 2/29/2012 $199.29 8621 ALLIANCE MECHANICAL 17012 2/29/2012 $212.50 9761 AMERICAN BOTTLING COMPAN 17013 2/29/2012 $250.80 9250 AMERICAN MESSAGING 17014 2/29/2012 $179.99 9943 ARAMARK 17015 2/29/2012 $219.17 4687 ASPEN WASTE SYSTEMS INC 17016 2/29/2012 $84.41 .0378 AT&T SUBPOENA CENTER 17017 2/29/2012 $40.00 320 BEISSWENGER'S 17018 2/29/2012 $20.54 4293 BELLBOY CORP. 17019 2/29/2012 $17,343.99 9844 BEN SAEFKE PHOTOGRAPHY 17020 2/29/2012 $25.00 9778 BERNICK'S 17021 2/29/2012 $1,059.11 9933 BLUE CROSS BLUE SHIELD 17022 2/29/2012 $1,797.50 7168 BOYER TRUCKS, INC. 17023 2/29/2012 $25.83 4231 CAPITOL BEVERAGE SALES 17024 2/29/2012 $35,127.00 9953 CASEY/MARK 17025 2/29/2012 $81.50 610 CATCO 17026 2/29/2012 $70.64 8291 CDW COMPUTER CENTER, INC 17027 2/29/2012 $46.04 2380 CENTERPOINT ENERGY 17028 2/29/2012 $7,402.28 9907 CENTURYLINK 17029 2/29/2012 $841.17 4080 CHISAGO LAKES DISTRIBUTI 17030 2/29/2012 $6,320.45 9056 CITY OF ROSEVILLE 17031 2/29/2012 $5,494.56 8275 CITY OF ST. PAUL 17032 2/29/2012 $860.00 8814 CITY WIDE WINDOW SERVICE 17033 2/29/2012 $85.50 8602 CROWN TROPHY 17034 2/29/2012 $30.37 9820 CRYSTAL SPRINGS ICE 17035 2/29/2012 $238.89 5234CRYSTEEL TRUCK EQUIPMENT 17036 2/29/2012 $19.53 8557 DAILEY DATA & ASSOCIATES 17037 2/29/2012 $456.87 785 DALCO 17038 2/29/2012 $67.43 4110 DICKSON ELECTRIC 17039 2/29/2012 $84.00 7371 DISCOUNT STEEL, INC. 17040 2/29/2012 $39.22 9949 DODGE OF BURNSVILLE,INC 17041 2/29/2012 $47,310.00 8411 DRIVER & VEHICLE SERVICE 17042 2/29/2012 $112.55 8697 EXTREME BEVERAGE 17043 2/29/2012 $106.00 9798 FERGUSON WATERWORKS 17044 2/29/2012 $48.09 9824 FIRE SAFETY USA, INC. 17045 2/29/2012 $250.00 9667 FLAT EARTH BREWING CO 17046 2/29/2012 $296.00 9236 FSH COMMUNICATIONS 17047 2/29/2012 $64.13 1030 G & K SERVICES INC 17048 2/29/2012 $695.44 1180 GOODIN COMPANY 17049 2/29/2012 $21.43 4172 GRAPE BEGINNINGS, INC. 17050 2/29/2012 $1,877.00 8944 HENN CNTY INFO TECH DEPT 17051 2/29/2012 $2,688.81 9932 HENNEPIN COUNTY TREASURE 17052 2/29/2012 $493.83 4207 HOHENSTEIN'S, INC 17053 2/29/2012 $15,603.29 Bum CITY OF ST. ANTHONY CHECK REGISTER VENDOR PAYEE CHECK# DATE AMOUNT 8252 HOM E DEPOT CREDIT SERVIC 17054 2/29/2012 $339.25 8658 INSTRUMENTAL RESEARCH, 1 17055 2/29/2012 $85.50 4125 JJ TAYLOR DISTRIBUTING 17056 2/29/2012 $53,482.51 4220 JOHNSON BROTHERS LIQUOR 17057 2/29/2012 $17,751.38 8434 LEAGUE OF MINNESOTA CITI 17058 2/29/2012 $95.00 2040 LILLIE SUBURBAN NEWSPAPE 17059 2/29/2012 $247.50 8254 LICIT%BERKLEYADMINIST 17060 2/29/2012 $2,727.58 9114 M. AMUNDSON LLP 17061 2/29/2012 $626.82 9823 MAILFINANCE 17062 2/29/2012 $80.16 2130 MAMA 17063 2/29/2012 $20.00 8193 MCFOA TREASURER 17064 2/29/2012 $200.00 2230 MENARDS LUMBER 17065 2/29/2012 $12.79 9716 MERCURY TECHNOLOGIES OF 17066 2/29/2012 $805.35 8467 MIDWAY FORD 17067 2/29/2012 $107.78 9255 MIDWESTSIGN & SCREEN PR 17068 2/29/2012 $176.03 9712 MILLER TOWING, INC. 17069 2/29/2012 $268.20 7340 MINNEAPOLIS FINANCE DEPT 17070 2/29/2012 $204.00 8405 MINNESOTA CHAPTER IAAI 17071 2/29/2012 $50.00 9195 MISTER CAR WASH 17072 2/29/2012 $72.09 .0379 MS RELOCATION SERVICES 17073 2/29/2012 $31.89 .0380 MUALIM/YANTO 17074 2/29/2012 $36.60 9950 NATIONAL PUBLIC EMPLOYER 17075 2/29/2012 $150.00 8996 NEEDHAM DISTRIBUTING CO 17076 2/29/2012 $441.95 8883 NEW FRANCE WINE COMPANY 17077 2/29/2012 $109.50 7312 NORTH AMERICAN SALT COMP 17078 2/29/2012 $3,557.25 45 OFFICE DEPOT 17079 2/29/2012 $107.78 4354 PAUSTIS & SONS 17080 2/29/2012 $1,991.94 4360 PHILLIPS WINE & SPIRITS 17081 2/29/2012 $7,332.75 4361 PINNACLE DIST. 17082 2/29/2012 $238.00 8499 PIONEER RIM AND WHEEL CO 17083 2/29/2012 $79.35 8369 POSTMASTER - MPLS BMEU 17084 2/29/2012 $1,500.00 9866 PRO HYDRO TESTING 17085 2/29/2012 $910.00 9951 PUBLIC AGENCY TRAINING C 17086 2/29/2012 $295.00 4385 QUALITY WINE CO 17087 2/29/2012 $14,188.72 9882 QUICKSILVER EXPRESS COUR 17088 2/29/2012 $41.98 9036 RAMSEY COUNTY FIRE CHIEF 17089 2/29/2012 $60.00 9119 RECHECK 17090 2/29/2012 $15.00 9182 SAM'S CLUB 17091 2/29/2012 $259.98 9952 SAVE A LIFE 17092 2/29/2012 $46.00 8543 SCHARBER & SONS, INC. 17093 2/29/2012 $339.01 9405 SETS DESIGN, INC. 17094 2/29/2012 $277.75 8983 SOULO DESIGN, INC 17095 2/29/2012 $50.00 9843 SOUTHERN WINE & SPIRITS 17096 2/29/2012 $9,095.29 4780 SURLY BREWING CO 17097 2/29/2012 $3,269.00 8457 SWEEPER SERVICES 17098 2/29/2012 $56.30 9842 TASC 17099 2/29/2012 $700.00 US BANK CITY OF ST. ANTHONY 13 CHECK REGISTER VENDOR PAYEE CHECK# DATE AMOUNT 9264 TAUTGES REDPATH, LTD. 17100 2/29/2012 $4,300.00 9288 TRACE ANALYTICS, INC. 17101 2/29/2012 $306.00 8355 TWIN CITY AREA LABOR 17102 2/29/2012 $100.00 9590 U.S. BANK (PURCHASING 17103 2/29/2012 $1,167.93 8227 VERIZON WIRELESS 17104 2/29/2012 $271.33 4451 VINOCOPIA 17105 2/29/2012 $1,141.72 9366 WAL-MART BUSINESS CENTER 17106 2/29/2012 $94.27 9497 WATER CONSERVATION SERVI 17107 2/29/2012 $773.15 8316 WINE COMPANY/THE 17108 2/29/2012 $1,289.40 8310 WINE MERCHANTS INC 17109 2/29/2012 $2,156.27 9364 WIRELESS WORLD 17110 2/29/2012 $48.14 4175 WIRTZ BEVERAGE - (GRIGGS 17111 2/29/2012 $14,931.94 9734 WIRTZ BEVERAGE MINNESOTA 17112 2/29/2012 $40,762.32 2680 XCEL ENERGY 17113 2/29/2012 $7,148.00 7325 YOCUM OIL COMPANY, INC. 17114 2/29/2012 $18,441.51 830 ZEE MEDICAL SERVICE 17115 2/29/2012 $110.51 TOTAL $364,636.96 14 THIS PAGE LEFT INTENTIONALLY BLANK 15 Member introduced the following resolution and moved its adoption: CITY OF ST. ANTHONY RESOLUTION NO. 12-025 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT FOR THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION WHEREAS, the cities of Minneapolis, St. Paul, Lauderdale, and St. Anthony Village and the Minneapolis Park and Recreation Board are parties to a joint powers agreement entitled JOINT AND COOPERATIVE AGREEMENT FOR THE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (the "Agreement"); and WHEREAS, the Agreement provides for the creation of a watershed management organization pursuant to, and in accordance with, Minnesota Statutes, Sections 10313.201 to 10313.253 (the "Mississippi Watershed Management Organization" or "MWMO"); and WHEREAS, the cities of Columbia Heights, Fridley, and Hilltop wish to join the MWMO; and WHEREAS, the current parties to the Agreement are willing to accept the cities of Columbia Heights, Fridley and Hilltop as members of the MWMO, incorporating into the territory of the MWMO those parts of the cities of Columbia Heights, Fridley, and Hilltop that were formerly included within the jurisdiction of the Six Cities Watershed Management Organization; and WHEREAS, the parties have proposed an amended joint powers agreement that would include, in addition to the original members of the MWMO, the cities of Columbia Heights, Fridley, and Hilltop (the "Amended Agreement"); and WHEREAS, the City Council has determined that approving the Amended Agreement is reasonable, prudent, and in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as follows: 1. The Amended Agreement is approved and the Mayor and Clerk are authorized and directed to execute the Amended Agreement. 2. Upon completion of Appendix A of the Amended Agreement, which is the legal description for the jurisdictional area of the MWMO including those parts of the cities of Columbia Heights, Fridley, and Hilltop that were formerly included in the jurisdictional area of the Six Cities 396717v1 CLI, MD160-1 I M Watershed Management Organization, the City Clerk is directed to deliver a copy of the executed Amended Agreement to the Executive Director of the MWMO together with a certified copy of this resolution. Dated: February 28, 2012 Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: Whereupon said resolution was declared passed and adopted. 396717v1 CLL MD160-1 Joint and Cooperative Agreement for the Mississippi Watershed Management Organization City of Columbia Heights City of Fridley City of Hilltop City of Lauderdale City of Minneapolis City of St. Anthony Village City of Saint Paul Minneapolis Park and Recreation Board 201-12012 24757506 CLL MD160-1 17 Table of Contents Page Membership 1 Article I Legal Purpose 2 Article 11 Definitions 3 Article III Board of Commissioners 5 Article IV Powers and Duties of the Board of Commissioners 7 Article V Budget and Financial Matters 11 Article VI Capital Projects 13 Article VII Duration 15 Article VIII Dissolution 16 Article IX Amendments 17 Article X Effective Date 18 Member Authorization 19 Legal Description Appendix A Watershed Boundaries Appendix B 24757506 CLL MD160-1 19 Membership This Agreement entered into as of the date of execution by and among the following: Cities of Columbia Heights Fridley Hilltop Lauderdale Minneapolis St. Anthony Village Saint Paul, and the Minneapolis Park and Recreation Board for the establishment of a Watershed Management Organization. The aforementioned cities and the Minneapolis Park and Recreation Board shall hereinafter be referred to as Members. WHEREAS, the Members have authority pursuant to Minnesota Statutes, Section 471.59 to jointly and cooperatively by agreement exercise powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B.201 to 1038.253 and WHEREAS, the Members desire to plan a comprehensive water management program in accordance with Minnesota Statutes, Sections 103B.201 to 103B.2-547253; NOW THEREFORE, the parties to this Agreement do mutually agree as follows: 1 247575v-56 CLL MD160-1 Hsi Article I Legal Purpose The purpose of this Joint and Cooperative Agreement for the Mississippi Watershed Management Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle Mississippi River Watershed Management Organization of January 1997, and—the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of January 2802:2002, and the Joint and Cooperative Agreement for the Mississippi Watershed Management Organization of May 2011. The purpose of the Mississippi Watershed Management Organization, as provided for in this Agreement, is to provide for the wise, long-term management of water and associated land resources within the watershed through implementation measures that realize multiple objectives, respect ecosystem principles, and cultural and historical community values. The Mississippi Watershed Management Organization seeks to: (a) protect, enhance, and restore the quality and quantity of surface and ground water resources within the Mississippi Watershed Management Organization jurisdiction; (b) protect, preserve, and use natural surface and ground water storage and retention systems; (c) efficiently utilize public capital expenditures needed to correct and control flooding and water quality problems; (d) identify and plan for means to use protect and improve surface and ground water quality; (c) establish more uniform local policies and official controls for surface and ground water management; (f) promote ground water recharge; (g) protect and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other benefits associated with the proper management of surface and ground water; and (i) promote and encourage cooperation among Members and among other organizations in coordinating local comprehensive water management programs. A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the boundaries of the Mississippi Watershed Management Organization are included pursuant to Minnesota Rules $484-0-. 3 ,8410.0030, Subpart 1.13 in Appendix ^ and n respeetively of this Agreement. 24757506 CLL. MD160-1 2 2] 24757506 CLL MD160-1 W) Article II Definitions For the purpose of this Agreement, the terms used herein shall have the meanings defined in this article. Subdivision 1: "Organization" ismeans the Mississippi Watershed Management Organization. Subdivision 2: "Commission" shall-rneaizjueans the governing body of the Organization and shall consist of a Commissioner or Alternate from each of its Members. Subdivision 3: "Commissioner" shall rneaismeans any person appointed to the Commission by each Member's governing body, or in the Commissioner"s absence, the Alternate. Subdivision 4: "Alternate" shall rneamneans any person appointed to the Commission by each Member's governing body to represent the Member in the absence of the Commissioner. Subdivision 5: "Council"' �'snR 1-a eaiimeans the governing body of a Member. In the case of municipalities, this shall be the elected officials responsible for governing the city and for Minneapolis Park & Recreation Board, its Board of Commissioners. Subdivision 6: "Member" or "Member Community" shall- eamneans any city, county, or special purpose government entity within the watershed that enters into this Agreement. Subdivision 7: "Agreement" shal-l-meanmeans this Agreement. Subdivision 8: "Plan"' �'�imeans the Watershed Management Plan adopted by the Mississippi Watershed Management Organization. Subdivision 9: "Watershed" means the area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped 247575v36 CLL MD160-1 4 23 areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal description identified in Appendix A. Subdivision 10: "Act" is defined a means the Metropolitan Surface Water Management Act as found in Minnesota Statutes, Sections 103B.201 to 103B.2-54-:253. Subdivision 11: `Budget" means a statement of the expected income and expenses of the Organization for each Year. The Commission may divide the Budget into an Administrative Budget, covering staff salary and benefits, Commission expenses, rent, office expenses and other administrative expenses, and a Programs and Projects Budget, covering the programs and projects of the Organization, including capital projects. Subdivision 12: "Capital Improvement Project" shall ale rtmeans a physical improvement project required by the Act to be included in the capital improvements program of the Plan. Subdivision 13: "Majority" shall be deft a,a asmeans greater than half of the quorum. Subdivision 14: "Subwatershed" means a smaller geographic section of a larger watershed unit with a drainage area whosethe boundaries of which include all the land area draining to a point. Subdivision 15: "Year" shall from January 1 to December 31. Subdivision 16: "Quorum" shall meanmeans the number of Commissioners or Alternates required to be present for business to be legally transacted. This number shall be any number that is greater than half of the Members. Any number less than a quorum may adjourn a scheduled meeting. Subdivisoin 17: "Executive Director" means the Organization's administrator appointed by the Commission. 5 247575v36 CLL MD160-1 24 Article III Board of Commissioners Subdivision 1: The governing body of the Organization shall be its Commission, which shall consist of fi-veseven (57) voting Commissioners. Each Commissioner shall have one vote. All appointments to the Commission shall be in accordance with Minnesota Statutes, Section 103B.227. The Board of Water and Soil Resources shall be notified of all appointments and vacancies of the Commission within 30 days. All vacancies shall be filled within ninety (90) days after they occur. Notices of all vacancies and appointments shall be published in a legal publication of the Members community appointing the Commissioner at least fifteen (15) days prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council that appointed or had the right to appoint the Commissioner. The With the exception of the City of Hilltop, the Council of each Member shall appoint one (1) Commissioner to represent the Member to the Commission. The Council of the City of Columbia Heights, after consultation with the Council of the City of Hilltop, will appoint one (1) Commissioner to represent the Cities of Columbia Heights and Hilltop. Each Commissioner shall serve until his or her successor is appointed. Subdivision 2: A Commissioner may not be removed from the Commission except for just cause by the Council that made the appointment. Subdivision 3: Member Councils may select and appoint alternates to the Commission in the same manner as Commissioners. In the absence of a Member's Commissioner, the designated Alternate may vote and act in the Commissioner's place. The Alternate shall serve a term concurrent with the Member's Commissioner. Subdivision 4: Each Member's Council shall, within thirty (30) days of appointment, file with the Executive Director of the Commission a record of the appointment of its Commissioner and Alternate. The Organization shall notify the Board of Water and Soil Resources of Member appointments and vacancies within thirty (30) days after receiving notice from the Member. 6 247575v-56 CLL MD160-1 25 Subdivision 5: In accordance with Minnesota Statutes, Section 103B.227, the Council of each Member shall determine the eligibility and qualifications of its Commissioner and Alternate. However, the term of each Commissioner shall be the calendar year. Subdivision 6: Regular meetings shall be held by the Commission periodically at the time and place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter 13D. Subdivision 7: At the first meeting of the Commission eaeh yeff and-eaeh ealendaf yefff en the mission. At the first meeting g of the C,.,,.,...,;ss and each calendar year thereafter, the Commission shall elect from its Members a chairperson, a vice chairperson, a treasurer, a secretary, and such other officers as it deems necessary to conduct its meetings and affairs. Subdivision 8: The Commission shall adopt those bylaws and procedures necessary for the conduct of its meetings. Such rules may be amended at either a regular or special meeting of the Commission provided that a ten (10) day prior notice of the proposed amendment has been furnished to each Commissioner and Alternate to whom notice of meetings is required to be sent. Subdivision 9: The Commission may create such committees, task forces or working groups as needed to accomplish its mission. Subdivision 10: The commission may set such compensation for its Commissioners as it deems appropriate, provided such compensation does not exceed the compensation allowed for managers of watershed districts under Minnesota Statutes, Section 103D.315, subd. 8. However, no member's Council is prevented from providing compensation for its Commissioner for serving on the Commission, if such compensation is authorized by such governmental unit and by law. 7 24757506 CLL MD160-1 M Article IV Powers and Duties of the Board of Commissioners Subdivision 1: The Commission shall employ such an Executive Director and may delegate to the Executive Director any power or authority that may be delegated to a city manager in a Minnesota Plan 13 statutory city. The Commission shall employ such other persons as it deems necessary to accomplish its duties and powers. The Commission may hire staff on a full time, part time or consulting basis. The Commission may also incur expenses and expenditures necessary and incidental to the effectuation and/or implementation of its purposes and powers. Subdivision 2: In order for the Commission to conduct business, a quorum must be present. Decisions by the Commission require a majority vote of the quorum present. Subdivision 3: The Commission shall have an established Citizen Advisory Committee and Technical Advisory Committee to provide input and to serve in an advisory role. Subdivision 4: The Commission shall review and approve a Local Water Management Plan for each of its Member Communities as established under Minnesota Statutes, Chapter 10313. Subdivision 5: The Commission may acquire, operate, construct, and maintain capital improvement projects delineated in the Watershed Management Organization Watershed Management Plan for the protection, enhancement, and improvement of the watershed. Subdivision 6: The Commission shall make a reasonable attempt to assess the compatibility of proposed capital improvement projects with other existing policies, programs, and projects within the MWMO and across its boundaries. In particular, compatibility with neighborhood association and community council plans in the project area should be considered. An informal review should occur at least two months before the capital improvement project proposal is approved in the MWMO budget. 24757506 CLL MD160-1 s 27 Subdivision 7: The Commission shall develop a comprehensive Watershed Management b Plan to meet the requirements of Minnesota Statutes, Chapter 10313. The plan shall establish comprehensive goals and policies for the protection, enhancement, and improvement of the watershed, and shall establish specific implementation strategies to realize these goals and policies, Subdivision S: The Commission shall have the power to contract with any governmental unit, private or nonprofit association to accomplish the purposes for which it is organized. Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans, money or other property from the United States, the State of Minnesota, a unit of government or any person or entity for the Organization. The Organization may use and dispose of such money or property for any expenses/fees, policies, goals, capital improvement projects, or any use the Organization deems necessary to pursue its goals and policies. Subdivision 10: The Commission may establish and maintain devices for acquiring and recording hydrologic and water quality data within the watershed. Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem necessary for the protection of the Organization. Subdivision 12: The Commission shall have the authority to invite governmental entities within the area of the watershed to join the Organization. Furthermore, any governmental entities within the area of the watershed may petition for membership in the Organization. The addition of new Members shall require a majority vote of the Commission and appropriate resolution by current Member Councils. The effective date shall be the date of filing by the last Council resolution approving the addition. As Members are added to the Organization, there shall be created one voting Commissioner: as eaeh new Membef is added, budget (Aftiele V, Subdivision 3) will ber-eassess-ed. 9 24757506 CLL MD160-1 Subdivision 13: The Commission has the authority to contract for the space, equipment, and supplies to carry on its activities either with an individual Member or elsewhere Subdivision 14: The Commission may investigate on its own initiative or upon petition of any Member, complaints relating to the pollution of surface or ground water in the watershed. Upon a finding that the watershed is being polluted, the Commission may take appropriate action to alleviate the pollution including recommending enforcement and other regulatory actions to the appropriate jurisdiction. Subdivision 15: Commissioners and staff may enter upon lands within or without the watershed to make surveys and investigations to accomplish the purposes, goals and policies of the Organization. Such entrance shall occur after obtaining a duly executed search warrant, with permission of the property owner, or when a search warrant for access to the property is not required. The Commission shall be liable for actual damages resulting therefrom, subject to the limitations of Minnesota £,lanie"eetien-46€791; et—se�Statutes, Chapter 466. Every person who claims damages shall serve the Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes, Chapter -4 6,0 -5 -.Section 466.05. h7 accordance with Minnesota Statutes, Section 471.59, Subd. la(b) the Organization is considered a single governmental unit and the total liability for the Members and the Organization shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, Secton 466.04, Subd. 1. Subdivision 16: The Commission may vote to provide legal and technical assistance in connection with litigation or other proceedings between one or more of its Members and any other political subdivision, commission, board or agency relating to the planning or construction of capital improvement projects approved by the Organization. Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for professional or technical consultant services before retaining the services of a consultant or extending annual service agreements. 10 247575v$6 CLLMD160-1 WO Subdivision 18: The Commission may designate one or more national or state bank or trust companies authorized by Chapters 118A or 427 of Minnesota Statutes to receive deposits of public ni,ene� smonies to act as depositories for the Organization's funds. No funds may be disbursed without the signature of two officers. The Treasurer shall be required to file with the Secretary of the Commission a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Commission. The Commission shall pay the premium on said bond. Subdivision 19: The Commission may acquire real or personal property, conduct programs and projects, and exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and to carry out the obligation of a watershed management organization under the Act. Subdivision 20: The Commission shall have the authority to adopt a budget, to decide on the total amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to the county auditor of each county having territory within the watershed. Taxes may be levied for any purpose authorized by the Act in accordance with procedures specified in the Act, and subject only to the limitations set forth in the Act and this Agreement. The Commission shall also have the authority to certify for payment by the counties all or any part of the cost of a capital improvement contained in the capital improvement program of the Plan, in accordance with Minnesota Statutes, Section 103B.251. 11 24757500 CLI. MD160-1 30 Article V Budget and Financial Matters Subdivision 1: A proposed preliminary -operating budget will be presented to the Commission at its July meeting. The total n ntributiens „FMembers n sting budget n1.nn . n4 n need $28 888 ffie--pfepesed en.,,:.,n..., Nudger will be fer n..,,,,,, to nll--Monrbe3s-the Citizens Adviser), C:44 n and additional n..,:nn nn directed The Commission shall hold at least one public hearing on the proposed preliminary budget prior to adoption of the preliminary budget. At least 30 days' notice to Members and such other public notice as is directed by the Commission shall be given prior to the hearing. The Commission will hear all comments and objections to the proposed preliminary budget from any Member as well as comments from the public. The Commission may adopt the preliminary budget as proposed or modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a proposed tax levy for the ensuing year on or before September 15 of each year. The preliminary budget shall then be certified by the Executive Director of the Comirrissie Organization on or before OetebeF September 15 to the clerk of each Member's Council tognther with a stat„•,,,,.,* na the-l�r�por-tion-of th1te-be-pro-viAed by each Mer}iber—T4'any, Eel "l mag Tto red--by-the-budget, if any, on or beer y 1 -and each of the County Auditors. The Commission shall adopt a final budget and certify a tax levy to the Counties by December 31 of each year. Subdivision 2: The Commission has the duty to make a full and complete financial accounting report to each Member at least once annually. A certified public accountant shall perform the audit of the Organization. The report shall include the approved budget; a reporting of revenues; a reporting of expenditures; a financial audit report or section that includes a balance sheet; a classification of revenues and expenditures; an analysis of changes in final balances; and any additional statements considered necessary for full financial disclosure; and the status of all CommissionOrganization's projects and work within the watershed; copies of said report shall be transmitted to the clerk, or appropriate staff member of each Member's Council. 247575v36 CLL MD160-1 12 31 Member hare ape St. Antheny Village 3.30% Saint Paul—tea Minneapolis PaFk and Reefeatien —0.60,46 Subdiyisie ": Projects or other necessary expenditures that cannot be accomplished through the ad valorem tax levy,budget , Subdivision -I-, shall be addressed by mutual agreement of the affected Members outside of this ,. Agreement. The Commission will endeavor to equitably apportion the expenditure of Commission funds for projects and programs among the Members' jurisdictions, giving due regard to the financial contributions from tax levies within each Member's jurisdiction as well as the merit of each project and program according to criteria established in the Plan or approved by the Commission. 13 247575v-56 CLL MD160-1 32 Article VI Capital Projects Subdivision 1: The Members recognize that on-going capital expenditures will be required to solve some of the water resource problems within the watershed. For the purposes of this Agreement, capital improvement projects are those determined necessary to implement the Organization's Capital Improvement Program. Subdivision 2: Capital Projects will be financed over the entire watershed. Subdivision 3: In order to finance an approved capital improvement project, the Commission may levy an ad valorem tax against the entire watershed. Subdivision 4: Approval of capital improvement projects shall require a majority vote of the quorum present and other such bodies as required by law. Capital improvement projects shall be financed in accordance with Minnesota Statutes, Chapters 103B and 103D Subdivision 5: The Commission shall have the authority to prepare and adopt a Capital Improvement Program as defined in Minnesota Statutes, Section 10313.205 Subdi---aienSubd. 3 as part of the Watershed Management Plan. The Capital hnprovement Program shall set forth the schedule of capital projects identified in the Watershed Management Plan as well as designating Members for participation in each project and estimating the total costs for such projects. Projects not identified in the Watershed Management Or ni-z.tiers Watershed Management Plan shall not be included in the Capital Improvement Program until and unless the Watershed Management Vien-VA c-rsned-N4anageinenFPlan is amended to include such projects. Implementation of the Capital Improvement Program will begin upon adoption of the Watershed r,r„•..,geille ftt Organizatie= Watershed Management Plan subject to the availability of funding. Subdivision 6: All capital improvement projects need to be listed in the Watershed Management Plan. 24757506 CI.S, MD160-1 14 33 Subdivision 7: Funding for any and all capital improvement projects may only occur if the project(s) is in the approved capital budget. Subdivision 8: If a Member is responsible for the completion of a capital project, the Organization's approved share of the project cost coming from its tax levy will be reimbursed to the Member from actual tax revenues received in a manner agreed to. The Member being reimbursed for project costs by the Organization shall agree to be responsible for providing any requested documentation of costs requested by the Organization or its auditors. 15 247575v36 CLL MD160-1 34 Article VII Duration Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may be continued thereafter upon the agreement of all Members. 247575v46 CLL MD160-1 16 35 Article VIII Dissolution Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance written notice to each Member, the Commission shall hold a hearing to consider dissolution of the Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall submit a resolution for dissolution of the Organization for consideration by each Member's Council, the board of each affected County and the Minnesota Board of Water and Soil Resources. Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If, within 90 days of the date the notice was given, a majority of Members' Councils has ratified said resolution; then the Organization shall be dissolved and this Agreement shall be terminated. Upon dissolution, the Organization shall complete all work in progress and dispose of all property. All property of the Organization shall be sold and the proceeds thereof, together with ffieffey-smonies on hand, shall be distributed to the eligible Members of the Commission as follows: assets shall be apportioned and distributed to eaeh Mo..A* in the percentage of the tax levy within the jurisdiction of each Member received by whieh the Member contributed to the Or-ganization under- the last anffual budget; assets der-ived from the ad valor-ei:n levy shall be appeftiened md distfib4ed en an asset by asset the Organization in the preceding full calendar year. 17 247575vS6 CLL MD160-1 36 Article IX Amendments Any Member may recommend to the Commission amendments to this Agreement. Upon a majority vote, amendments to this Agreement shall be forwarded by the Commission to its Members' Councils. No amendment shall be effective until the amendment has been ratified by the Council of each Member. The effective date of any amendment shall be the date on which the last Member's Council ratifies the amendment and is filed with the Executive Director of the COrganization. 247575v36 CLL MD160-1 18 37 Article X Effective Date This Agreement shall be adopted upon ratification by the Council of each Member and the execution of the Agreement by each Member. Upon voting to ratify the Agreement, the clerk of the Council of the ratifying Member shall file a certified copy of the resolution of the ratification with the Executive Director of the Commission. The effective date of the Agreement shall be the date on which the last Member to ratify files its resolution of ratification. Upon adoption of this Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil Resources a copy of the Members'" ratification resolutions and a copy of the signed Agreement. IN WITNESS WHEREOF, the undersigned Members, by action of their Councils, have caused this agreement to be executed in accordance with the authority of Minnesota Statutes Sections 103B.211 and 471.59. 19 247575v36 CLL MD160-1 City of Columbia Heights By: Attest: Gary Peterson, Mayor Patty Muscovitz, City Clerk 24757506 CLL MD160-1 Dated: 20 Dated: 20 20 39 City of Fridley Attest: Scott Lund, Mayor Debra Skogen, City Clerk Dated: , 20 Dated: 520. 21 247575v36 CLL MD160-1 City of Hilltop By: Attest: Jerry Murphy, Mayor Ruth Nelsen, City Clerk 247575v56 CLL MD160-1 Dated: 20 Dated: , 20 22 41 City of Lauderdale -0 Jeffrey Dains, Mayor Dated: , 20 Attest: Dated: 20 Heather Butkowski, City Administrator 23 247575v56 CLL MD160-1 42 City of Minneapolis By: R.T. Rybak, Mayor Attest: City Clerk Dated: .20 Dated: 20 Countersigned: Dated: 20 Finance Officer Approved as to Folin By: Assistant City Attorney Dated: 20 24 24757506 CLL MD160-1 43 City of St. Anthony Village Attest: Jerry Faust, Mayor Michael Mornson, City Manager Dated: 20 Dated: 20 25 247575v56 CLL MD160-1 City of Saint Paul By: _ Attest: Chris Coleman, Mayor Dated: 20 Dated: 20 Director of Finance and Management Service Approved as to Form By: Reyne Rofuth Assistant City Attorney 24757506 CLL MD160-1 Dated: 20 26 45 Minneapolis Park and Recreation Board Attest: Dated: 20 John Irwin, President MPRB Dated: .20 Don Siggelkow, Board Secretary Approved as to Form, Legality, and Execution Dated: 20 MPRB Attorney 27 247575v56 CLL MD160-1 m Appendix A: Legal Description 247575v56 CLL MD160-1 47 Appendix B: Mississippi Watershed Management Organization Map CLL -247575v2 MD160-1 247575v36 CLL MD160-1 44 Document comparison by Workshare Professional on Tuesday, January 03, 2012 1:35:02 PM Input: Document 1 ID Powerpocs://DOCSOPEN/247575/5 Description DOCSOPEN-#247575-v5- Style change Joint_& Cooperative_Agt;_MD160-1 Document 2 ID Powerpocs://DOCSOPEN/247575/7 Description 50CSOPEN-#247575-v7- Style change Joint_&_Cooperative_Agt;_MD160-1 Rendering set Standard Legend: Insertion Dele6an Meved-front Moved to Style change Format change .�1t� ecI �ieleti:ttt Inserted cell Moved to Deleted cell Style change Moved cell Format changed Split/Merged cell Total changes Padding cell Statistics: Count Insertions 86 Deletions 69 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 155 CITY OF ST. ANTHONY RESOLUTION 12-026 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT AGREEMENT AND THE PLANNED UNIT DEVELOPMENT ORDINANCE RELATED TO THE CONSTRUCTION OF THE AUTUMN WOODS ASSISTED LIVING FACILITY IN SAINT ANTHONY VILLAGE, HENNEPIN COUNTY, MINNESOTA WHEREAS, on November 15, 2011, behalf of its affiliate Autumn Woods III, LLC, a Minnesota limited liability company (the "Developer"), submitted a request to Saint Anthony Village, a Minnesota statutory city (the "City"), to construct the Autumn Woods Assisted Living Facility, a senior assisted living facility consisting of 72 assisted living units and up to four stories (the "Project") and more specifically described in the attached Exhibit A (the "Property'). WHEREAS, on November 15, 2011, at the City's Planning Commission Meeting, the City received from the Developer a Preliminary Development Plan for the Project. WHEREAS, the City's Planning Commission has received a Final Development Plan for the Project, dated October 13, 2011 and as updated on January 4, 2012. WHEREAS, the Property is currently included in a Planned Unit Development designation that exists as part of a Planned Unit Development approved in 2003 for the Developer's Autumn Woods I complex located adjacent to the Property. WHEREAS, to construct the Project on the Property and allow for its specific use as a senior assisted living facility as described above, the City must approve the Final Development Plan as an amendment to the currently existing Planned Unit Development. NOW, THEREFORE BE IT RESOLVED, that the City Council of Saint Anthony Village does hereby approve the following: 1. City Ordinance No. 2012-02, which amends the City Code to allow for the specific use of the Project on the Property; 2. Planned Unit Development Agreement (the "Development Agreement'), dated , 2012, between the City and the Developer for construction of the Project; and 3. Agreement for Special Assessment Petition, Consent, and Waiver (the "Special Assessment Agreement"), dated 2012, between the City and the Developer for the levying of special assessments regarding public sewer improvements, as described therein. 50 Adopted this day of 2012. ATTEST: Jerome O. Faust, Mayor Barbara J. Suciu, City Clerk Review for Administration: Mark Casey, City Manager 51 EXHIBIT A Real property situated in the State of Minnesota, County of Hennepin legally described as follows: Parcel l: That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as follows: Beginning at the most westerly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION; thence on an assumed bearing of North 51 degrees 26 minutes 00 seconds East, along a northwesterly line of said lot, a distance of 178.00 feet to an interior corner of said lot; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said lot and its northwesterly extension, a distance of 183.00 feet to the center line of "Old St. Anthony and Taylors Palls Road" as shown on the plat of KENZIE TERRACE ADDITION; thence South 51 degrees 26 minutes 00 seconds West, along said center line, a distance of 435.46 feet to the most northerly northwest corner of the plat of KENZIE TERRACE ADDITION: thence on a bearing of East, along the north line of said KENZIr TERRACE ADDITION, a distance of 215.47 feet to the northeast corner of Lot 2, Block 1, KENZIE TERRACE ADDITION; thence continue on a bearing of East a distance of 113.81 feet to a southwesterly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, which corner bears South 38 degrees 34 minutes 00 seconds East a distance of 22.28 feet from the point of beginning; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said Lot 1, a distance of 22.28 feet to the point of beginning. EXCEPTING THEREFROM that part thereof lying within the right-of-way of Old St. Anthony and Taylors Falls Road n/k/a Kenzie Terrace (Co.Rd. No. 153) Parcel 2: That part of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, lying westerly of a line described as follows: Beginning at the most southerly southwest corner of said lot; thence on an assumed bearing of North, along a west line of said lot and its northerly extension, a distance of 273.92 feet; thence North 38 degrees 34 minutes 00 seconds West a distance of 19.40 feet to an interior corner of said lot, which corner bears North 51 degrees 26 minutes 00 seconds East, a distance of 178.00 feet from the most westerly corner of said lot, and there terminating. 4838-1005-2622\7 52 PLANNED UNIT DEVELOPMENT AGREEMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT (this "Development Agreement"), dated 2012, by and between Saint Anthony Village, Minnesota, a Minnesota statutory city (the "City"), and Autumn Woods, LLC, a Minnesota limited liability company (the "Develop"). RECITALS WHEREAS, the Developer has asked the City to approve construction of Autumn Woods II, a senior assisted living facility consisting of 72 assisted living units and up to four stories in height (the "Project'); WHEREAS, the Project will be located on the property legally described in the attached Exhibit A (the "Property"); WHEREAS, the Property was purchased by the City in 2000 and was included in the 2003 Planned Unit Development ("PUD") designation for the Autumn Woods apartment complex located adjacent to the Property and also owned by the Developer; and WHEREAS, the Developer possesses all right, title, and interest in and to the Property, having purchased the Property from the City in 2004. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Request for Planned Unit Development Approval. The Developer has asked the City to approve the Pinal Development Plan of the Project, consistent with the Site Plan, Renderings and Elevations, dated October 13, 2011 53 as approved by the City Planning Commission on November 15, 2011, as updated on January 4, 2012 (the "Final Development Plan"). 2. Planned Unit Development Approval. The City hereby grants approval of the Final Development Plan subject to the approval of the final plat and the Developer's compliance with the terms and conditions of this Development Agreement. The City agrees to approve the final plat and applications for building permits, provided that said plat and plans are consistent with the exhibits which were approved at the Concept level of the Planned Unit Development process, and that all of the conditions of this Development Agreement have been satisfied. 3. Approval by Saint Anthony Village. The Developer shall develop the Property in accordance with the Final Development Plan. If, however, any plans or exhibits vary from the written terms of this Development Agreement, the written terms shall control. The City hereby approves the Development subject to the following terms and conditions: A. That the proposed site for the Project was formally added to the Developer's existing PUD in 2003; B. That the Final Development Plan does not exceed the maximum density range and is an appropriate plan for the R-4 Residential Zoning District; C. That the general location of major streets and pedestrian ways are shown on the Final Development Plan; D. That the Final Development Plan shows the general location and extent of public and common open spaces; E. That the Final Development Plan shows the general location of residential and non-residential land uses with the appropriate type of intensities of development; F. That the Developer has provided adequate information regarding the staging and time schedule of development; G. That the Final Development Plan includes other special criteria and design details for the development of the proposed assisted living facility including parking, landscaping, and signage within the R-4 Residential Zoning District; H. That the north arrows on the architectural drawings submitted with the Final Development Plan be corrected, as requested at the November 15, 2011 Planning Commission Meeting; I. That the Developer has provided the City with comments from the Developer's engineers, Hennepin County, and the Watershed District, as requested at the November 15, 2011 Planning Commission Meeting; and J. That the Developer has provided the City with copies of environmental assessment documents created for construction as well as any soil reports, as requested at the November 15, 2011 Planning Commission Meeting. 54 4. Timeframe for Develonment The Project will be completed by December 31, 2014, unless otherwise extended by the City Council. 5. Comnlianee with Laws and Reeulations The Developer represents to the City that the development and operation of the proposed Project complies with all City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to: Subdivision Ordinances, Zoning Ordinances and Environmental Regulations. The Developer agrees to comply with such laws and regulations. Specific Use. 'rhe City, within Ordinance No. 2012-02, has amended its Code to allow for the specific use on the Property of an assisted living facility consisting of 72 assisted living units and up to four stories. Parking for the facility will consist of 18 underground stalls for residential and staff parking, 13 parking spaces on the northeast end of the facility on Kenzie Terrace, and 13 parking spaces on the southwest end of the facility. Landscaping on the lot will consist of a variety of perennial and shrub planting, as well as deciduous and coniferous tree planting to create a residential feel and natural barriers from adjacent buildings and homes. The lot will include a monument sign at the entrance to the new facility that is exactly eight feet tall with the double -sided sign total of 47.4 square feet. The City agrees to allow for this specific use on the Property, subject to the Developer's strict compliance with the approved plans, and the terms and conditions of this Development Agreement. Minor variations from the approved plans may be approved by the City, under the direction of the City Manager. Substantial departures from the approved plans will require an amendment to the Planned Unit Development, in accordance with section 152.206 of the City of St. Anthony Village Zoning Ordinance. Failure by the Developer to commence development activity, in accordance with the Final Development Plan, within one year following the final approval of this Planned Unit Development, will necessitate the approval of an extension of the development schedule by the City Council. Extension of Restrictive Covenants. A. The covenants and restrictions recorded against Lot 1, Block 1 ST. ANTHONY LANEL ADDITION in the document entitled Declaration of Restrictive Covenants and Land Use Restriction Agreement, dated July 1, 1992 and recorded August 6, 1992 as Doc. No. 5952082, amended by First Amendment to Declaration of Restrictive Covenants and Land Use Restriction Agreement dated May 1, 2002 and recorded June 4, 2002 as CR Doc. No. 7741403 ("the Declaration") shall be extended for an additional period of time by entering into a Certification of Amendment of Covenants in substantially the same form as attached hereto as Exhibit D 55 (the "Certification"). Within 30 days, Developer will deliver to the City the Certification executed by the appropriate fee owner of the property referenced in the aforementioned Declaration. B. The covenants and restrictions referenced in Exhibit 2 of that certain Deed executed by and between the Housing and Redevelopment Authority of Saint Anthony, Minnesota, a public corporation in the City of Saint Anthony, County of I lennepin, State of Minnesota, Grantor, and St. Anthony LaNel, a Minnesota general partnership, Grantee, dated January 26, 1989 and recorded in the Office of the Hennepin County Recorder on January 27, 1989 as Doc. No. 5501894 (the "Commercial Village Deed") shall be extended, by execution of an appropriate document, thirty (30) years from the date of expiration identified in paragraph 16 of Exhibit 2 of the Commercial Village Deed (the "Extension"). The Extension shall apply to all covenants in the Commercial Village Deed except that Paragraph 2 of Exhibit 2 of the Commercial Village Deed shall, prior to its Extension, first be replaced in its entirety with the following language: "2. All buildings on the Property shall be located on the Property as specified in the Plan, and no building shall exceed four stories in height over an underground garage. The exterior surfaces of any building on the Property shall be finished with only those materials as permitted under the Plan." 8. Special Assessments The Developer agrees to be subject to Special Assessments consistent with Minnesota Statutes, Chapter 429, for actual costs of the public sewer improvements as defined and described in the attached Exhibit B and as shown on the grading and utility plans, dated January 4, 2012 (as revised by the City Engineer's letter dated January 9, 2012) which are on file with the City. The Developer agrees to petition for Special Assessments and waive protest rights for all property within the Minimum Improvements Area for Special Assessments and will enter into an Agreement for Special Assessment Petition, Consent and Waiver as shown in the attached Exhibit C. 9. Develoner's Default In the event of default by the Developer, as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense that it incurs. The City agrees to give the Developer written notice of its default not less than thirty (30) days prior to the commencement of the City's work. The City and the Developer recognize that weather conditions may affect the ability of the Developer to perform the work required to be performed hereunder and agree that such thirty (30) days 4 56 shall not include those days on which weather conditions preclude performance by the Developer. Notice of the Developer shall constitute, without further action, notice to any contractor or subcontractor. This Development Agreement is a license for the City to act. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the City, the above notice requirements shall not be required for the City to control erosion problems. 10. Miscellaneous. A. This Development Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 13. Breach of any material term of this Development Agreement by the Developer shall be grounds for denial of building permits. The City shall give the Developer 30 days' notice, prior to exercising its right to deny permits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Agreement is for any reason held invalid as a result of a challenge brought by the Developer, its agents or assigns, the City may, at its option, declare the entire Development Agreement null and void, and approval of the preliminary plat and final development plan shall thereby be revoked. D. This Development Agreement shall tun with the Property and may be recorded in the I Iemiepin County Recorder's Office. E. This Development Agreement shall liberally be construed to protect the public interest. F. Within 10 days of the approval of this Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles, and no permits for the Project will be issued until proof of filing of the Development Agreement is submitted to the City. 11. Notices. Required notices to the Developer shall be in writing and shall either be hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Autumn Woods I1I, LLC 4601 Excelsior Blvd. Saint Louis Park, MN 55416 Notices to the City shall be in writing and shall either by hand delivered to the City Manager, or mailed by certified or registered mail, in care of the City Manager at the following address: 57 Saint Anthony Village 3301 Silver Lake Road St. Anthony, Minnesota 55418 [SIGNATURE PAGES TO FOLLOW] 6 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) Saint Anthony Village, a Minnesota statutory city By: Jerome 0. Faust Its: Mayor AND BY: Mark Casey Its: City Manager The foregoing instrument was acknowledged before me on this day of , 2012, by Jerome 0. Faust, Mayor, and Mark Casey, City Manager, on behalf of Saint Anthony Village, a Minnesota statutory city. Notary Public Expiration Date of Commission S -I Signature Page to Development Agreement 59 STATE OF MINNESOTA ) Sly. COUNTY OF HENNEPIN ) Autumn Wood III, LLC, a Minnesota limited liability company I3y: Print Name: _ Its: Chief Manager The foregoing instrument was acknowledged before me on this __ day of 2012, by _ _ Chief Manager, on behalf of Autumn Wood III, LLC, a Minnesota limited liability company. Notary Public Expiration Date of Commission Drafted by and when recorded return to: Dorsey & Whitney LLP (KGW) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402 S-2 Signature Page to Development Agreement M CONSENT AND SUBORDINATION The undersigned, being the owner and holder of that certain [Insert Name of Security Instrument] by and between Autumn Wood 111, LLC, a Minnesota limited liability company as mortgagor and [Insert Name of Bank], as mortgagee, dated [Insert Date] and recorded [Insert Recording Date] in the office of the Hennepin County Recorder as Document No. [Insert document Number], does hereby consent to the Planned Unit Development Agreement dated , 2012 (the "Development Agreement"), to which this Consent is attached and agrees that its rights in the property affected by the Development Agreement shall be subordinated thereto. IN WITNESS WHEREOF, the undersigned has executed this Consent and Subordination as of the _ day of 2012. [Insert Name of Bank] By: _ Print Name: Its: STATE OF ) SS COUNTY OF The foregoing instrument was acknowledged before me this ___ day of 2012, by the of [Insert Name of Bank]. Notary Public 61 EXHIBIT A Legal Description Real property situated in the State of Minnesota, County of Hennepin legally described as follows: Parcel I: That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as follows: Beginning at the most westerly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDPfION; thence on an assumed bearing of North 51 degrees 26 minutes 00 seconds East, along a northwesterly line of said lot, a distance of 178.00 feet to an interior corner of said lot; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said lot and its northwesterly extension, a distance of 183.00 feet to the center line of "Old St. Anthony and Taylors falls Road" as shown on the plat of KENZIE TERRACE ADDITION; thence South 51 degrees 26 minutes 00 seconds West, along said center line, a distance of 435.46 feet to the most northerly northwest corner of the plat of KENZIE TERRACE ADDITION: thence on a bearing of East, along the north line of said KENZIE TERRACE ADDITION, a distance of 215.47 feet to the northeast corner of I,ot 2, Block 1, KENZIE TERRACE ADDITION; thence continue on a bearing of East a distance of 113.81 feet to a southwesterly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, which corner bears South 38 degrees 34 minutes 00 seconds East a distance of 22.28 feet from the point of beginning; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said Lot 1, a distance of 22.28 feet to the point of beginning. EXCEPTING THEREFROM that part thereof lying within the right-of-way of Old St. Anthony and Taylors Falls Road n/k/a Kenzie Terrace (Co.Rd. No. 153) Parcel 2: That part of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, lying westerly of a line described as follows: Beginning at the most southerly southwest corner of said lot; thence on an assumed bearing of North, along a west line of said lot and its northerly extension, a distance of 273.92 feet; thence North 38 degrees 34 minutes 00 seconds West a distance of 19.40 feet to an interior corner of said lot, which corner bears North 51 degrees 26 minutes 00 seconds East, a distance of 178.00 feet from the most westerly corner of said lot, and there terminating. A-1 62 EXHIBIT B Public Improvements Consistent with the grading and utility plans, dated January 4, 2012 (as revised by the City Engineer's letter dated January 9, 2012) on file with the City and the following description: Autumn Vvoods Phase 2 Oramage rnVro'rements Project Numbef: 0162660 Iter No Descr,ption Units Quantity Unit P, ce Tota' Pr ce Aotunto Woods St. Anthmry 2021.501 LAOBILI2ATION WIvIP SUM I S10,000 cc 110,00000Hs�- 55,500.00 0.45 x4,50000 2101.50'_ CLEARING TREE 3 $30000 5900.00 10.00 3 590000 2101.507 GRUBBING TREE 3 $20000 5600.00 "DAO 3 5600.00 2104.50: REMOVE CURB AND GUTTER LIN FT 40 5300 $120.00 $120.00 0 so 00 2104.505 REA'OVE B:-UIvIINOUS PA'iEt.AENT SQ YD 365 '350 51.27750 515750 320 ;1,120.00 2104.513 SAWING BITUMINOUS PAVEMENT{FJLL DEP-W LIN FT 110 5650 571500 $39000 50 $325.00 2104.601 CLEANUP LUMP SUM $1,000.00 11,00000 5550.00 0.45 $45000 2105.50'- COMMON EXCAVATION 1P: CU i0 160 11500 52,f0O0C 575000 110 51,650.00 2105.525 TOPSOIL BORRO'f/ ILVI Cu YD 290 116 50 54,785 00 53,362.50 BS 51,402 50 2123.61 STREET SWEEPER tWll 4 P�CI:UP BPOOFIl HOUR. 10 5130.00 $1.300.00 5715.00 1565.00 2211.501 AGGREGATE BASE CLASS S TON 120 522.50 52,700.00 0 $0.00 120 52,70000 2331.601 BITUMINOUS D PIPENi A', PA'JEMEN' SQ'!D 140 55200 S7,220 00 45 52,34000 95 54,94000 25033.541 15' RC PIPE SE'VIER DESIGN 3006 CLASS V LIN FT SCO 532.00 11a.56000 580 538,560.00 0 50.00 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $1,25000 51,250.00ro 11,250.00 0 5000 2505.601 U7M7V COORDNATION LUIIIP SUM S1,C0000 51.000.00 $55000 0.45 $45000 2506.501 CONSTRUCT ORAS FIAGE STRUCTURE DESIGN 48-4020 LIN FT 13 5 5250.00 53,375 00 13,375.00 0 Woo 2506.502 CONSTRUCT CRAINAGE STRUCTURE DES:GN H EACH 51,500 00 S1,5000051,500.00 05000 2506.502 CONSTRUCT DRAINAGE STRUCTURE OESiGN SPECIAL 1 EACH 51,750.00 51,750.0051,75000 0 5000 2506602 CASTING ASSE`t BLY ICATCHBAS'W EACH 3 $500.00 51,50000 11,100.00 O $0.00 2531.501 CONCRETE CURB & GUTTER DES ION 8612 LIN FT 40 22.50 S90000 590000 0 50.00 2531.501 CONCRETE CURB & GUTTER DESIGN 8624 UN FT 960 518.00 517,280.00 So 00 960 $17,2"00.00 2531.5076' CONCRETE DRIVEWAY PAVEMENT SQ'eo 30 552.00 $1.560.00 50.00 30 51,560.00 2563.601 TRAFFIC CONTROL LUMP SUM 1 51,000.00 S1,DO0.00 0.55 555000 0.45 $450.00 2573.53 STORM DRAIN INLET PROTECTION EACH 1 5150.00 1150.00 $150 00 0 50.00 2575.505 SODDING TYPE FUNERAL'H:GHLANDj 5Q YD 1,350.00 54.25 55,737 50 450 $4,037 50 400 53 J00.00 2575.535WATER ;T URf E57ABUSHMEN71 ImGALLONS 150 $2000 53,00000 105 $2,10000 45 590000 2575601 TURF ESTABLISHMENT MAINTENANCE JLUMP SUM 1 $2,500.00 $2,500.00 0 7 51,750.00 0.3 575000 SUBTOTAL 101b CONTINGENCY TOTAL PROJECT COST 1 594,140.00 $9,42000 5303,560.00 551,877.50 542,262.50 $5,190.00 54,230.00 557,067.50 $46,492.50 63 EXHIBIT C AGREEMENT FOR SPECIAL ASSESSMENT PETITION, CONSENT, AND WAIVER THIS AGREEMENT POR SPECIAL ASSESSMENT PETITION, CONSENT, AND WAIVER (this "Special Assessment Agreement"), made as of this day of , 2012, by and between Saint Anthony Village, a Minnesota statutory city (the "City"), and Autumn Wood III, LLC, a Minnesota limited liability company (the "Developer"). RECITALS WHEREAS, the Developer has asked the City to approve its final development plan of a 72 -unit senior assisted living facility, dated October 13, 2011 as updated on January 4, 2012 on the Planned Unit Development property as defined and legally described in Exhibit A hereto (the "Property"); WHEREAS, the City and the Developer have entered into that certain Planned Unit Development Agreement, dated , 2012 (the "Development Agreement") regarding the Property. WHEREAS, the Developer requests that the City construct public sewer improvements, as described in Exhibit B to the Development Agreement (the "Public Improvements"); WHEREAS, the total cost of the Public Improvements is projected to equal approximately $57,067.50, as detailed within Exhibit B to the Development Agreement, and the Developer and the City agree that the actual cost of the Public Improvements, plus all City expenses for the imposition of the special assessments (the "Special Assessments") be financed by the imposition of special assessments on the Property in a final amount determined by the City Council of the City (the "Improvement Costs") over a period of fifteen years at an interest rate of two percent over the City's interest cost for City bond proceeds related to the Public Improvements; WHEREAS, the Developer requests that the City construct the Public Improvements without notice of hearing or hearing on the Public Improvements and without notice of hearing C-1 09 A or hearing on the assessment levied to finance the Public Improvements, and to levy 100 percent of the Improvement Costs against the Property as an assessment; WHEREAS, the City is willing to construct the Public Improvements without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Developer to ensure that the City will have a valid and collectable assessment as it relates to the Property to pay for the Improvement Costs; and WHEREAS, to implement the Special Assessments in accordance with City ordinances and Minnesota state statutes, the Developer must execute the Special Assessment Agreement. NOW, THEREFORE, in consideration of and pursuant to the mutual promises contained herein, and in consideration of the City's action to cause the construction of the Public Improvements, the parties hereto agree as follows: I. Petition. As the owner of the Property, the Developer hereby petitions the City to install the Public Improvements, pursuant to Minnesota Statutes section 429, and to cause the Improvement Costs to be specially assessed against the Property. 2. Consent. The Developer consents to the imposition of the Special Assessments to be levied against the Property equal to the Improvement Costs. The Developer expressly approves the Special Assessments and agrees that: (i) allocation of one hundred percent (100%) of the Improvement Costs to the Property represents a fair apportionment of such Special Assessments; and (ii) the dollar value of the benefit accruing to the Property from the Public Improvements equals or exceeds the amount of the Special Assessments. 3. Waiver. The Developer understands that it is entitled to a public hearing to consider the Public Improvements and a public hearing to confirm the assessment rate, pursuant to Minnesota Statutes section 429: Developer hereby waives such hearings and appeal rights, and also hereby waives any and all other procedural and substantive objections to the Special Assessments, whether provided by Minnesota Statutes section 429, the City Code, or any other statute or ordinance, including but not limited to: (i) notice and public hearing requirements; (ii) claims that the Property or any part thereof does not receive a benefit from the Public Improvements equal to or greater than the dollar amount of the Special Assessments; (iii) claims that the Special Assessments are not uniform upon the same classes of property; and (iv) any rights to an appeal from the Special Assessments, or any other appeal rights available under the Minnesota state statutes or the City Ordinances. Notwithstanding the foregoing, the Developer's waivers contained herein shall not extend to any assessments levied in excess of the Improvement Costs. 4. General. Recitals. The undersigned hereby affirm the accuracy of the recitals, which are hereby incorporated into this Special Assessment Agreement by reference. Title and Authority. The Developer is the sole fee simple owner of the Property and represents and warrants that it owns 100 percent of the Property and has full legal power and authority to encumber the Property as herein provided. C-2 65 Implementation. Each party to the Special Assessment Agreement agrees to execute any other documents upon request of the City necessary to implement the waivers of notice, hearing or right of appeal for the Special Assessments. Successors and Assigns. The consents and waivers set forth in the Special Assessment Agreement shall run with the title to the Property and shall be binding upon the Developer and its successors and assigns. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, agents, and employees from and against all claims, damages, and losses, or expenses, including attorney fees, which may be suffered or for which they may be held liable, rising out of or resulting from the assertion against them of any claims, debts, or obligations in consequence of the performance of the Special Assessment Agreement by the City, its employees, agents, or subcontractors. Right of Record. It is agreed that the City may record this document in the chain of title of the Property. The Special Assessment Agreement shall terminate upon the final payment of the Special Assessments, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. Development Agreement. In the event of any inconsistency between the terms of this Special Assessment Agreement and the Development Agreement, the terms of the Development Agreement shall control. Any capitalized terms used in this Special Assessment Agreement and not defined herein shall have the meaning given in the Development Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] C-3 M. IN WITNESS WHEREOF, the City and the Developer have executed this document as of the day and year first above written. STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) SAINT AN'T'HONY VILLAGE, a Minnesota statutory city By: Jerome O. Faust Its: Mayor By: Mark Casey Its: City Manager The foregoing instrument was acknowledged before me this day of 2012, by Jerome O. Faust, the Mayor, and Mark Casey, the City Manager, on behalf of Saint Anthony Village, a Minnesota statutory city, on behalf of the statutory city. Notary Public Signature Page to Agreement, for Special Assessment Petition, Consent, and Waiver C-4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 67 AUTUMN WOODS III, LLC, a Minnesota limited liability company I3y: Print Name: Its: Chief Manager The foregoing instrument was acknowledged before me this day of _ 2012, by , the Chief Manager, on behalf of Autumn Wood III, LLC, a Minnesota limited liability company. Notary Public Drafted by and when recorded return to: Dorsey & Whitney LLP (KGW) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402 Signature Page to Agreement for Special Assessment Petition, Consent, and Waiver C-5 M CONSENT AND SUBORDINATION The undersigned, being the owner and holder of that certain [Insert Name of Security Instrument] by and between Autumn Wood III, LLC, a Minnesota limited liability company as mortgagor and [Insert Name of Bank], as mortgagee, dated [Insert Date] and recorded [Insert Recording Date] in the office of the Hennepin County Recorder as Document No. [Insert document Number], does hereby consent to the attached Agreement for Special Assessment Petition, Consent, and Waiver (the "Special Assessment Agreement') and agrees that its rights in the property affected by the Special Assessment Agreement shall be subordinated thereto. 1N WITNESS WHEREOF, the undersigned has executed this Consent as of the _ _ day of 2012. [Insert Name of Bank] By: Print Name: Its: STATE: OF )SS COUNTY OF The foregoing instrument was acknowledged before me this day of 2012, by , the of [Insert Name of Bank]. Notary Public C-6 .• EXHIBIT A Planned Unit Development Real property situated in the State of Minnesota, County of Hennepin legally described as follows: Parcel 1 That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as follows: Beginning at the most westerly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION; thence on an assumed bearing of North 51 degrees 26 minutes 00 seconds East, along a northwesterly line of said lot, a distance of 178.00 feet to an interior corner of said lot; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said lot and its northwesterly extension, a distance of 183.00 feet to the center line of "Old St. Anthony and Taylors Falls Road" as shown on the plat of KENZIE'IERRACE ADDITION; thence South 51 degrees 26 minutes 00 seconds West, along said center line, a distance of 435.46 feet to the most northerly northwest corner of the plat of KENZIE TERRACE ADDITION: thence on a bearing of East, along the north line of said KENZIE TERRACE ADDITION, a distance of 215.47 feet to the northeast corner of Lot 2, Block 1, KENZIE TERRACE ADDITION; thence continue on a bearing of East a distance of 113.81 feet to a southwesterly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, which corner bears South 38 degrees 34 minutes 00 seconds East a distance of 22.28 feet from the point of beginning; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said Lot 1, a distance of 22.28 feet to the point of beginning. EXCEPTING THEREFROM that part thereof lying within the right-of-way of Old St. Anthony and Taylors Falls Road n/k/a Kenzie Terrace (Co. Rd. No. 153) Parcel 2: That part of L,ot 1, Block 1, ST. ANTHONY LANEL ADDITION, lying westerly of a line described as follows: Beginning at the most southerly southwest corner of said lot; thence on an assumed bearing of North, along a west line of said lot and its northerly extension, a distance of 273.92 feet; thence North 38 degrees 34 minutes 00 seconds West a distance of 19.40 feet to an interior corner of said lot, which corner bears North 51 degrees 26 minutes 00 seconds East, a distance of 178.00 feet from the most westerly corner of said lot, and there terminating. C-7 70 EXHIBIT D SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS AND LAND USE RESTRICTION AGREEMENT THIS SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS AND LAND USE RESTRICTION AGREEMENT (this "Second Amendment") is made this day of 2012, by Autumn Woods Partners Limited Partnership, a Minnesota limited partnership ("Declarant"). All capitalized terms used in this Second Amendment have the meanings given to those terms in the Declaration (as defined below) unless the context or use herein clearly indicates a different meaning. RECITALS: WHEREAS, on July 30, 1992, Saint Anthony Village, Minnesota, a Minnesota statutory city (the "City") issued its $9,000,000 Multifamily Development Refunding Revenue Bonds, Series 1992 (Autumn Woods Project) (the "Series 1992 Bonds"), and in connection thereto Declarant and the City entered into a Declaration of Restrictive Covenants and Land Use Restriction Agreement, dated as of July 1, 1992, recorded on August 6, 1992 with the County Recorder in and for I lennepin County, Minnesota, as Document No. 5952082 (the "Original Declaration"); WHEREAS, pursuant to that certain First Amendment to Declaration of Restrictive Covenants and Land Use Restriction Agreement, dated as of May 1, 2002, recorded on June 4, 2002 with the County Recorder in and for Hennepin County, Minnesota, as Document No. 7741403 (the "First Amendment" and together with the Original Declaration, the "Declaration") the City agreed to issue Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Autumn Woods Project), Series 2002, pursuant to a Trust Indenture dated as of May 1, 2002, between the City and U.S. Bank National Association, as trustee, the proceeds of which were used to redeem the outstanding principal amount of the Series 1992 Bonds; WHEREAS, the parties hereto wish to make certain amendments to the Declaration which relates to the real property legally described on Exhibit A attached hereto and made a part hereof (the "Property'); WHEREAS, the Declaration contained certain covenants and restrictions in Sections 2, 3 and 4 thereof which were intended to run with the land and be binding upon Declarant, its successors and assigns (the "Covenants'). NOW, THEREFORE, for One Dollar and other good and valuable consideration, Declarant hereby agrees as follows: 5. Section 5 of the Original Declaration is hereby amended to add the following thereto: D-1 71 "Section 5. Covenants Runniniz With the Land. Declarant hereby agrees that it is the express intent that each of the affirmative and negative covenants and restrictions set forth in Sections 2, 3, and 4 above shall be construed to be, deemed, and is hereby declared to be a covenant running with the Property and that the benefit and burden of such covenants and restrictions shall pass to, and be binding upon Declarant's successors and assigns and shall be perpetual, and considered exempt from the thirty (30) year durational limit set forth in Minnesota Statutes, Section 500.20, subd.2a, pursuant to Minnesota Statutes, Section 500.20 subd.2a(5)., unless terminated or deleted as hereinafter provided. Except as provided in Section 10 hereof, each and every contract, lease, conveyance, agreement or other instrument hereafter executed covering or conveying the Property or the Rental Project or any part or portion thereof shall conclusively be held to have acquired such interest in the property or the Rental Project or any portion thereof subject to the obligations of such covenants, regardless of whether or not such covenants and restriction are set forth or referred to, or specifically agreed to be performed by any such transferee, in any such contract, lease, conveyance, agreement or other such instrument." 6. All other terms and conditions of the Declaration remain in frill force and effect except as expressly modified hereby. [Remainder of page left intentionally blank.] D-2 72 IN WITNESS WHEREOF, Declarant has executed this document as of the day and year first above written. STATE OF MINNESOTA ) SS. COUNTY OF FIENNEPIN ) Autumn Wood Partners Limited Partnership, a Minnesota limited partnership By: Print Name: Its: The foregoing instrument was acknowledged before me this _ day of 2012, by of Autumn Wood Partners Limited Partnership, a Minnesota limited partnership. Drafted by and when recorded return to: Dorsey & Whitney LLP (KGW) 50 South Sixth Street Suite 1500 Minneapolis, MN 55402 Notary Public D-3 73 CONSENT AND SUBORDINATION The undersigned, being the owner and holder of that certain [Insert Name of Security Instrument] by and between Autumn Woods Partners Limited Partnership, a Minnesota limited partnership, as mortgagor and [Insert Name of Bank], as mortgagee, dated [Insert Date] and recorded [Insert Recording Date] in the office of the Hennepin County Recorder as Document No. [Insert document Number], does hereby consent to the Second Amendment to Declaration of Restrictive Covenants and Land Use Restriction Agreement dated , 2012 (the "Second Amendment"), to which this Consent is attached and agrees that its rights in the property affected by the Second Amendment shall be subordinated thereto. IN WITNESS WHEREOF, the undersigned has executed this Consent and Subordination as of the day of 2012. [Insert Name of Bank] By: Print Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2012, by , the of [Insert Name of Bank]. Notary Public D-4 74 EXHIBIT A Lot 1, Block 1, St. Anthony LaNel Addition, Hennepin County, Minnesota. 75 CITY OF SAINT ANTHONY ORDINANCE NO. 2012-02 AN ORDINANCE AMENDING CHAPTER 152 OF THE CITY CODE, BEING THE ZONING AND LAND USE CHAPTER OF THE CITY OF ST. ANTHONY The City Council of the City of Saint Anthony ordains as follows: Section 1. Chapter 152 of the City of Saint Anthony Code is hereby amended to allow the specific use of a senior assisted living facility on the fallowing Planned Unit Development property located within the City of St. Anthony, Minnesota: Real property situated in the State of Minnesota, County of Hennepin legally described as follows: Parcel 1: That part of the Northwest Quarter of Section 7, Township 29, Range 23, described as follows Beginningat the most westerly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION; thence on an assumed bearing of North 51 degrees 26 minutes 00 seconds East, along a northwesterly line of said lot, a distance of 178.00 feet to an interior corner of said lot; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said lot and its northwesterly extension, a distance of 183.00 feet to the center line of "Old St. Anthony and Taylors Falls Road" as shown on the plat of KENZIE TERRACE ADDITION; thence South 51 degrees 26 minutes 00 seconds West, along said center line, a distance of 435.46 feet to the most northerly northwest corner of the plat of KENZIE TERRACE ADDITION: thence on a bearing of East, along the north line of said KENZIE TERRACE ADDITION, a distance of 215.47 feet to the northeast corner of Lot 2, Block 1, KENZIE TERRACE ADDITION; thence continue on a bearing of East a distance of 113.81 feet to a southwesterly corner of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, which corner bears South 38 degrees 34 minutes 00 seconds East a distance of 22.28 feet from the point of beginning; thence North 38 degrees 34 minutes 00 seconds West, along a southwesterly line of said Lot 1, a distance of 22.28 feet to the point of beginning. EXCEPTING THEREFROM that part thereof lying within the right-of-way of Old St. Anthony and Taylors Falls Road n/k/a Kenzie Terrace (Co.Rd. No. 153) Parcel 2: That part of Lot 1, Block 1, ST. ANTHONY LANEL ADDITION, lying westerly of a line described as follows: Beginning at the most southerly southwest corner of said lot; thence on an assumed bearing of North, along a west line of said lot and its northerly extension, a distance of 273.92 feet; thence 76 North 38 degrees 34 minutes 00 seconds West a distance of 19.40 feet to all interior corner of said lot, which corner bears North 51 degrees 26 minutes 00 seconds East, a distance of 178.00 feet from the most westerly comer of said lot, and there terminating (the "Property"). Section 2. The specific use will be for a senior assisted living facility consisting of 72 assisted living units and up to four stories. Parking for the facility will consist of 18 underground stalls for residential and staff parking, 13 parking spaces on the northeast end of the facility on Kenzie Terrace, and 13 parking spaces on the southwest end of the facility. Landscaping on the lot will consist of a variety of perennial and shrub planting, as well as deciduous and coniferous tree planting to create a residential feel and natural barriers from adjacent buildings and homes. The lot will include a monument sign at the entrance to the new facility that is exactly eight feet tall with the double -sided sign total of 47.4 square feet. This description is specified on the Site Plan dated October 13, 2011, as approved by the City Planning Commission on November 15, 2011; the Final Development Plan, dated October 1.3, 2011 and as revised on January 4, 2012 and subject to the terms and conditions of the Planned Unit Development Agreement dated January 24, 2012. Section 3, The Property was purchased by the City in 2000 and was included in the 2003 Planned Unit Development designation for the Autumn Woods apartment complex located adjacent to the Property and under common ownership by the Developer. Section 4. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED AND DULY ADOPTED THIS day of 2012, by the City Council of the City of Saint Anthony. CITY OF SAINT ANTHONY Lo Jerome O. Faust, Mayor ATTEST: By: Barbara J. Suciu, City Clerk -2- 77 STAFF REPORT To: Mayor and City Council Mark Casey, City Manager I^'rom: Kim Moore -Sykes, Assistant City Manager Date: January 10, 2012 Subject: Prelnninary/Final Development Plan for Autumn Woods II — Assisted Living Facility Requested Action: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: Council Approval of Planning Commission Recommendation November 4, 2011 2580 Kenzie Terrace PUD — R-4 January 2, 2012; March 1, 2012 Yes l Date Sent: Dec. 2, 2011 No Background: Mr. Greg I3tonk and the LaNel Group met with Staff to complete their preliminary plans for the proposed construction of an assisted living facility to be located adjacent to their Autumn Woods I complex on 2580 Kenzie Terrace. The proposed facility will have approximately 72 assisted living units and up to four stories. Mr. Bronk and Ms. Caitlin Goff came before the Planning Commission at its September 20, 2011 meeting for a concept review of the site and facility plan. Analysis: "Zoning District: The proposed project is to be located adjacent to the existing Autumn Woods apartment facilities. The parcel for the proposed assisted living facility was purchased by the City in 2000 and was included in the PUD designation that exists for the existing Autumn Woods facility as part of a Planned Unit Development approved in 2003. The site was sold to LaNel Group in 2004. The Applicant is requesting that the Planning Commission recommend approval to the City Council of both the preliminary and final development plan, by which redevelopment of the property will result in the proposed construction of an assisted living facility. These plans being proposed are the same plans and can be reviewed and recommended for approval sequentially. Once the Final Development Plan has been recommended for approval, the Applicant is requesting that the Final Development Plan be recommended for approval as an amendment to the PUD. Dimensional Regulations: The front yard setback for an R-4 parcel is required to be 30 feet; the side yard setback must be at least 15 feet for each side yard and 30 feet for a side yard adjacent to a public right-of-way; and the rear yard setback is required to be the greater of 20% of the lot depth or 40 feet from rear property line to proposed structure footprint. is The parcel that LaNcl is proposing to build their assisted living facility on is a triangular-shaped lot, with a side yard bordering on Kenzie Terrace; a side yard to the south bordering both commercial property and single family R-1 properties; and the rear yard located in the apex of the triangle lot. The proposed facility footprint is shown to be between 21'6" and 22'6" from the southern -most side yard property line and a 30'1" side yard setback adjacent to Kenzie Terrace; the front yard is oriented toward the eastern border on the Autumn Woods I property, which LaNel owns. Lot Coverage/14,11croachment: The site area was determined to be 55,584 SF, which is equal to 1.276 acres. The total lot coverage allowed for an R-4 zoning district is 50%. The building site coverage or footprint is 21,264 SF or 38%. Jay Nelson of Jay P. Nelson, Architect, reported that the building is set back 30 feet from the innermost property line along .Kenzie Terrace. The proposed facility is sited between 22'3" and 22'6" from the south west property line. This area is the rear yard for all of the neighboring R -I properties with accessory buildings and garages as adjacent structures. Mr. Nelson noted that LaNel is planning a one (1) foot encroachment into the front yard setback in order to have six (6) foot porches instead of five (5) foot porches. Parkine: As stated in the Applicant's written statement, parking will include 18 underground stalls for residential parking and staff parking. There will also he 13 parking spaces on the north east end of the building on Kenzie and another 13 parking spaces on the south west end of the building. Should it be needed, there is additional parking on an existing and adjacent: lot at Autumn Woods I, which is under common ownership. On site, LaNel reports that in addition to the planned 44 parking spaces for this proposed facility, the 38 parking spaces from Autrunn Woods I, gives both facilities an extra 34 parking spaces over what the Ordinance requires. Landscaping: The LaNel Group reported in their written statement that landscaping on the site will be varied and full, giving the site a more residential feel and creating natural boundaries from existing buildings and homes around the area. The site plans includes landscaping plans that shows the minimum landscaping that will be installed. Signage: The LaNel Group is proposing to install a monument sign at the entrance to the new facility. This proposed sign adheres to the City's Sign Ordinance restrictions on height. It is exactly eight (8) feet tall with the double -sided sign total of 47.4 SF. The Sign Ordinance allows up to 68 SF for double -sided sign. Zoning District: The proposed project is located adjacent to the existing Autumn Woods apartment facilities. The parcel for the proposed assisted living facility was purchased from the City in 2004 and its subsequent inclusion in the PUD designation that exists for the Autumn Woods I facility as part of a Planned Unit Development was approved as well by the City. As defined in X152.201 DEFINITIONS, a PUD or Planned Unit Development, is a zoning district and development plan which may include single or mixed uses, and one (1) or more lots or parcels, and which is intended to create a more flexible, creative, and efficient approach to the use of land. Any PUD shall be subject to the procedures, standards and regulations contained in the zoning subchapter. The agreement entered into between the developer and the City to incorporate all terms, requirements and conditions of the PUD approval. 5152.202 provides the City the ability to authorize and approve a PUD based on the following criteria. VadM: Within a comprehensive site design concept, a mixture of land uses, housing types and densities; Sensitivity: Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with 79 traditional zoning, a PUD can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics; Density "Transfer: The project density may be clustered, basing density on a number of units per acre in place of specific lot dimensions; District Integration: The combination of uses which are allowed in separate zoning districts such as: a. Mixed residential uses to allow both densities and unit types to be varied within the project; b. Mixed residential uses with increased density based upon the greater sensitivity of PUD projects to regulation; and c. Mixed land uses with the integration of compatible land uses within the project. The PUD development plan shall identify all the proposed land uses, which shall become permitted uses if the final development plan is approved. Any change in the uses presented in the final development plan will be considered an amendment to the PUD and must follow the procedures specified in 152.200. The construction of the proposed assisted living facility requires an approved amendment to the PUD as originally approved in 2003 because the construction of the assisted living facility would constitute a revision and/or change as stated in X152.206. The amendment in 2003 added the five (5) vacant residential lots and an undeveloped lot purchased from the City, which totaled 55,584 Sl to the existing Autumn Woods residential PUD. Once the I"final Development Plan has been recommended for approval, the applicant is requesting that the Final Development Plan be recommended for approval as an amendment to the PUD. The Planning Commission reviewed the site plan and provided feedback to this proposed project at the Concept Review on September 20°i and after a Public Hearing on November 15, 2011, approved the following Recommendations of Approval. Council tabled action on the below -referenced matters until the City Engineer has an opportunity to review the drainage plan for Autumn Woods II as submitted by LaNel. Requested Action: 1. Recommend Approval of the Preliminary Development Plan 2. Recommend Approval of the Prelnninary Development Plan as the Final Development Plan 3. Recommend Approval of the Final Development Plan as the Amendment to the existing Planned Unit Development at 2580 Kenzie Terrace. mm 0 )y Po . dss sa F'z€ Ft{- �a¢ . i§ U s F�£ t S 1 E° Jun Ju u; FAY 6 5 pF� E d iS $! 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WN %> //§\) \/}\• ) k` q! ` §n@}t §:99|d! s WN %> wo I Al 91 WS & Assoctores, t„o. Engineering ■ Planning a Environmental x Construction January 9, 2012 Mr. Jay Hartman Director of Public Works City of St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Review of Autumn Woods Phase Il WSB Project No. 01626-60 Dear Mr. Hartman: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have reviewed the revised grading and utility plans prepared by Jay P. Nelson Architect, dated January 4, 2012 for the above-mentioned project, and have found them to be in conformance with St. Anthony Village Engineering Standards with the addition of the following comment. 1. Sheet C2.02 -The plan indicates the existing catch basin casting located at the entrance off Kenzie'ferrace be replaced with a valley gutter grate. The existing catch basin at this location should be removed and replaced with the proposed catch basin located five feet to the east as indicated on sheet C4.03 of the revised plan set. We have also reviewed the response memo prepared by MFRA Inc., dated January 3, 2012 and note that all comments have been addressed with exception of comments 1 through 4 on sheet C4.02. MFRA Inc. has indicated they will coordinate the revisions to the storm water model with the City Engineer prior to building permit submittal. MFRA Inc. has indicated these revisions will have minor impact on the overall performance of the storm water treatment system, which may result in minor revisions to the surface landscaping scheme. If you have any future questions or concerns please feel free to contact me at (763) 287-7160. Sincerely, WSB & Associates, Inc. Todd E. Hubmer, PE City Engineer Minneapolis ■ St. Cloud Equal Opportunity Employer CVknvinlmR and Scni."'hub—m.'% al&c Ilpldav'1'—Nram 1;11-11'wconlmitOul]m W4M000H9r1. W14artninn-010913 (2}dox 92 THIS PAGE LEFT INTENTIONALLY BLANK A WSB - � : Fssrx•iurrs, hu•. Engineering ■ Planning ■ Environmental r Construction �C February 22, 2012 The Honorable Mayor, City Council and Staff c/o Mark Casey City of St. Anthony Village 3301 Silver Lake Road NE Minneapolis, MN 55418-1603 Re: 2012 Street and Utility Improvement Project St. Anthony Village, MN WSB Project No. 1626-570 Dear Honorable Mayor, City Council, and Staff. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Following this letter are three resolutions for your consideration at the February 28, 2012 Council Meeting. The three resolutions for your consideration are: I. A Resolution Ordering Improvements This resolution states that the Council has completed the public hearing process and orders the project to be completed. II. A Resolution Adopting and Confirming Assessments for the 2012 Street and Utility Improvements Included in the Council packet are the assessments that have been calculated in accordance with the City's street assessment policy for the 2012 Street and Utility Improvement Project. This resolution declares the amount to be assessed at $474,279.55 and outlines the assessment process in accordance with Minnesota Statutes Chapter 429. III. A Resolution Awarding a Bid for 2012 Street and Utility Improvements This resolution awards the contract for the 2012 street reconstruction project to the lowest bidder. A tabulation of these bidders, as well as the low bidder of Kuechle Underground, Inc. with a bid amount of $1,464,869.17, can be seen in the Council packet. IV. A Resolution Awarding a Bid for Macalaster Drive Pipe Bursting Project This resolution awards the contract for the Macalaster Drive Pipe Bursting project to the lowest bidder. A tabulation of these bidders, as well as the low bidder of Minger Construction, Inc. with a bid amount of $98,242.61, can be seen in the Council packet. Minneapolis ■ St. Cloud Equal Opportunity Employer K,'116d651ptAdmr`nSRee.,lwrosuSLTR-Imeo-0221 12 dac 93 94 The Honorable Mayor, City Council and Staff c/o Mark Casey February 22, 2012 Page 2 If you have any questions, I will be present at the February 28, 2012 Council Meeting to discuss those with you or please call me at 763-287-7182. Sincerely, WSB & Associates, Inc. Todd E. Hubmer, PE City Engineer Enclosures K.WI626570Ndmi.W.. (i..U.7R.I..-022112,d. 2012 Street and Utility Improvement Project Iain ho�ny Ma te'& Public Hearing February 28, 2012 7:00 P.M. a 95 100 Common Resident Concerns ■ Temporary Water Service ■ Driveway Replacement v Asphalt = $39.00/sq yd v Concrete = $44.00/sq yd Project Schedule ■ V Public Info Meeting ° Public Hearing/Award Contract and Contract/Call for Bond Sales ■ Begin Construction ■ Substantial Completion • Final Paving February 16, 2012 February 28, 2012 April/May 2012 October 2012 June 2013 i.6 Project Cost / Funding Breakdown 2012 STREET AND UTILITY IMPROVEMENTS City of Saint Anthony Village, Minnesota Project Costs and Proposed Funding Sources Proposed Improvements St. Anthony Funding Sources Total Assessable City Street Reconstruction $361,688.54 $851,329.51 $1,213,018.05 Sanitary Sever Improvements ..._._ _._._ $0.00 $278,024.52 $278,024.52 Waternain lmproscmcnW" $20,332.00 $348,17950 $368,'+11.50 Storm Sewer Im provmncnts 522,662.76 553,303A8 ._ 575,966.22 4 backyard Drainage Improvements SI2,526.24 $29,487.11 $42013.35 Macalaster Di Sanitary Pipe Bursting __._ SO.00 598,242.61 S9R,242.61 Lowry Ave Drainage Improvements ._... $57,070AO _____. $22,204.00 $79,274.00 Total 1k $474,279.55 $1,680,770]2 52,155,050.27 1. 3. l.ornl deJnngu nnprovc,,,m,c«. '4(nr pra/er)t r prnsau,n&A 9(rbbc rmproip znbor,Ae'�.FSn I<bG&mm,, Doivlr ' 711, ireD,d ro7 pnQ/rmir5'n wr S.a ea 11'm. Smrn, nnhr (llil0 FunJe. Funding Sources 1. Special Assessments 2. 429 Public Improvement Bonds 3. Water, Sanitary, and Storm Water Funds 101 0 102 Assessment Calculations Street & Local Drainage Improvement ® Based on 32 -foot Wide, 7 -ton Design Roadway • 35% Assessed to Residential (R-1, R -1A, R-2, R-3) Calculated Using Lineal Feet of Street Frontage ■ City Funds Pay Remaining Cost Method for Determining Front Footage ASRSSVlE {O XX. SIRLi MTA STREET 60 ExGYtlE I. NbIiR qi sIMEI AzsEsstt[ vao..cE - so n. CORNER LOT ASSES F=y E - SrRQ.T MO # I/3 AYFINE {"WiILE + 1/3 AMY fLbr STREET 6H I w a ALLEY E%EYPIE I. xonn av sm¢r ASSE524Y£ FMT,AGE . 60 R. ]. NORK QV M91UE A556YAE {WIWE - 130/J R. - 10 R I. MVRN ON HIkY AssEsyslF roorACE . so/I rt. - :o rt J. xnRx a+ smE�. AV[]IVE u10 . 1 u0 Asstss� fewrux - so .sort -Iso n Assessments / Financing • One Time Assessment Notice Sent in May 2012 • Assessments Paid Over 15 -Yr Period Option Deadline Pay-off full Assessment Nov. 30, 2012(ist year) to avoid interest Nov. 14 (every year after) 2. Partial Payment Nov. 1, 2012 (1st year) 3. Apply directly to Property Automatic if above Tax options are not exercised If Applied to Taxes .... 15 Year Payback..2% over the True Interest Cost (Not known until bonds are sold) 103 1.9 104 Assessment Payback Table Exmnple: 5.0% Interest Rate - $6.000 Assessment Principal Annual Collectible Year Principal Il Paid Interest Connty Fee TotaYear 1 $6,000.00 $400.00 $300.00 $1.50 $701.50 2013 2 $5,600.00 5400.00 $280.00 $1.50 $681.50 2014 3 $5,200.00 $400.00 $260.00 $1.50 $661.50 2015 4 $4,800.00 $400.00 $240.00 $1.50 $641.50 2016 5 $4,400.00 $400.00 $220.00 $1.50 $621.50 2017 6 $4,000.00 $400.00 $200.00 $1.50 $601.50 2018 7 $3,600.00 5400.00 $180.00 $1.50 $581.50 2079 8 53,200.00 5400.00 $1GD.DD $1.50 5561.50 2020 9 $2,800.00 _ $400.00 _ $140.00 $1.50 _ $541.50 2021 10 52,400.00 5400.00 _ _ 5120.00 51.50 5521.50 2022 11 52,000.00 5400.00 5100.00 51.50 5501.50 2023 12 51,600.00_ _ 54 00.00 580.00__$1.50 5481.50 2024 13 $1,260.00 5400.00 560.00 SI.50 11 2025 14 5800.00 $400.00 __$461.50 540.00 $1.50 5441.50 2026 15 $400.00 $400.00 _..__-- $6,000.00 $20.00 $1.50 _-.___ $2,400.00 $22.50 $421.50 _ _ 2027_ ___ $8,422.50 13 Inic'est Fgnient orrh os as Principal is Paid Assessment Payback Table Example: 5.0% Interest Rate - $9,000 Assessment Year Principal Principal Paid Imemst Annual County Fee Total Collectible Year 1 ._____. $9,000.00 __.. $600.00 ___._._._ $450.00 $1.50 $1,051.50 2013 2 $8,400.00 $600.00 $420.00 51.50 51,021.50 __.____ 2014 3 $7,800.00 5600.00 5390.00 $1.50 $991.50 2015 _ 4 $7,200.00 $600.00 $360.00 $1.50 $961.50 2016 5 $6,600.00 5600.00 $330.00 $1.50 5931.50 2017 6 _ $6,000.00 $600.00 $300.00 $1.50 $901.50 2018 7 $5,400.00 5600.00 $270.00 _ $1.50 5871.50 2019 8 $4,800.00 $600.00 $240.00 $1.50 $841.50 2020 9 $4,200.00 5600.00 $210.00 $1.50 $811.50 2021 10 $3,600.00 $600.00 $180.00 $1.50 $781.50 2022 11 $3,000.00 $600.00 $150.00 $1.50 5751.50 2023 12 $2,400.00 $600.00 $120.00 $1.50 $721.50 2024 13 $1,800.00 $600.00 $90.00 $1.50 $691.50 2025 14 $1,200.00 $600.00 $60.00 $1.50 $661.50 2026 15 $600.00 5600.00 $30.00 $1.50 5631.50 2_027 _ $9,000.00 $3,600.00 $22.50 512,622.50 interest Payment IJectmes as Pnnetpal m t'mtl 1.10 105 Questions/Comments? 106 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY RESOLUTION 12-027 A RESOLUTION ORDERING IMPROVEMENTS FOR THE 2012 STREET AND UTILITY IMPROVEMENTS WHEREAS, a resolution of the City Council adopted on the 24°i day of January 2012, fixed a date for Council hearing on the proposed improvements: 2012 Street and UtilitImprovements Proieet This project consists of improvements by reconstruction or new construction of: 1. Street and Utility Reconstruction • Belden Drive from 36°i Avenue NE to 34°' Avenue NE • Coolidge Street from 36°1 Avenue NE to 30' Avenue NF, 35°i Avenue NE from Belden Drive to Harding Street 2. Coolidge/Harding Backyard Drainage Improvements 3. Macalaster Dr Sanitary Sewer Pipe Bursting 4. Lowry Avenue NE Drainage Improvements WHEREAS, ten days' mailed notice and two weeks' published notice in advance of said hearing was given and the hearing was held thereon on the 28°i day of February 2012, at which time all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony approve such improvements as are hereby ordered in the Council Resolution. Adopted this 28`x' day of February, 2012. ATTEST: City Clerk Reviewed for administration: Mayor Manager F. Memn,,i201202282012V?.0,d....x 107 m THIS PAGE LEFT INTENTIONALLY BLANK W* CITY OF ST. ANTHONY RESOLUTION 12-028 A I2ESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE 2012 STREET AND UTILITY IMPROVEMENTS The amount proper and necessary to be specially assessed at this time for various public improvements is 35% assessable as follows: First Year Yews First Year Levy Collectible Assessed 15 2012 2013 $474,279.55 Por improvements to the following: Street and Utility Reconstruction • Belden Drive from 36°i Avenue NE to 34°' Avenue NE • Coolidge Street from 36°i Avenue NE to 34°' Avenue NE • 35°i Avenue NE from Belden Drive to Harding Street 2. Coolidge/Harding Backyard Drainage Improvements 3. Lowry Drive Drainage Improvements against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate calculated at 2% over the interest cost per annum on the bonds to be issued by the City for said improvement, accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not pre -paid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2012 through December 31, 2012 will be payable with general taxes for the levy year of 2012 collectible in 2013, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. The owner of any property so assessed may, at any time prior to certification, make payments (partial or full) towards the balance owed. The owner may, at any time after certification, pay the whole of the assessment, with interest accrued to the date of payment, except that no interest be charged if the entire assessment is paid by November 30°i of the assessment year. r:iso�,„ ii Aleoeossum2io22xao12va,sneomns cmc;»„�„sAss�s.,,„m„s,eo�� 110 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the property tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted this 28th day of February, 2012. ATTEST: City Clerk Reviewed for administration: Mayor City Manager RlCommai MeetingrV012102282012Vtes Adoring Coining Av ie erus.docs CITY OF ST. ANTHONY 111 RESOLUTION 12-029 A RESOLUTION AWARDING A BID FOR THE 2012 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the above -referenced project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: WHEREAS, it appears that Kuechle Underground, Inc. of Kimball, MN is the lowest responsible bidder, NOW, THEREFORE, BE 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 enter into a contract with Kuechle Underground, Inc. in the amount of $1,464,869.17 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. 2. 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 28th day of February, 2012. ATTEST: City Clerk Reviewed for administration: Mayor City Manager FiCouneit Meml,Q012102282012VterdvnrdinF Bldfo,I rovemanb.do.. Contractor Total Bid 1 Kuechle Underground, Inc. $1,464,869.17 2 LaTour Construction, Inc. $1,483,358.07 3 Ryan Contracting Co. $1,503,491.25 4 Forest Lake Contracting, Inc. $1,669,669.75 5 Burschville Construction, Inc. $1,684,775.40 6 New Look Contracting, Inc. $1,708,715.30 7 T.A. Schifsky & Sons, Inc. $1,735,023.12 8 Northwest Asphalt, Inc. $1,744,682.07 9 Northdale Construction Co., Inc. $1,776,639.12 10 Park Construction Co. $1,797,444.21 11 C.W. Houle, Inc. $1,811,971.55 12 Minger Construction, Inc. $1,816,836.13 13 S.R. Weidema,Inc. $1,891,038.59 WHEREAS, it appears that Kuechle Underground, Inc. of Kimball, MN is the lowest responsible bidder, NOW, THEREFORE, BE 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 enter into a contract with Kuechle Underground, Inc. in the amount of $1,464,869.17 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. 2. 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 28th day of February, 2012. ATTEST: City Clerk Reviewed for administration: Mayor City Manager FiCouneit Meml,Q012102282012VterdvnrdinF Bldfo,I rovemanb.do.. 112 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY 113 RESOLUTION 12-030 A RESOLUTION AWARDING A BID FOR THE MACALASTER DRIVE SANITARY SEWER PIPE BURSTING PROJECT WHEREAS, pursuant to a request for quotes for the improvement as shown on the plan for the above - referenced project, quotes were received, opened and tabulated according to law, and the following quotes were received complying with the request: Contractor Total Bid Minger Construction, Inc. $98,242.61 Nodland Construction Co., Inc. $107,787.50 Geislinger and Sons, Inc. $167,239.00 WHEREAS, it appears that Minger Construction, Inc. of Chanhassen, MN is the lowest responsible bidder, NOW, THEREFORE, BE 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 enter into a contract with Minger Construction, Inc. in the amount of $98,242.61 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. 2. 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 28th day of February, 2012. ATTEST: City Clerk Reviewed for administration: Mayor City Manager R,1CouncilMl,""II120]2102282012VtesuLnion Amardn,ffidforlmprovemerrcs (3)nmcalcarer.docx 114 THIS PAGE LEFT INTENTIONALLY BLANK City of St. Anthony Resolution No. 12-031 Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $9,220,000 General Obligation Bonds, Series 2012A A. WHEREAS, the City Council of the City of St. Anthony, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $9,220,000 General Obligation Bonds (the "Bonds") to refinance the 2003IIRA Public Facilities Lease Revenue Bonds, the 2006A and 2007A Bonds and finance the 2012 Road Reconstruction project in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as follows: I . Authorization Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting, Proposal Open i . The City Council shall meet at 7:00 p.m. on March 27, 2012, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member _ and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 28th day of February, 2012. City Clerk 115 116 THIS PAGE LEFT INTENTIONALLY BLANK February 28, 2012 Debt ISSUance Services 117 Pre -Sale Report for $9,220,000 General Obligation Bonds, Series 2012A St. Anthony, Minnesota Prepared and Presented by: Stacie Kvilvang And Shelly Eldridge 3EHLERS 01",. Minnesota phone 651 697-£3500 ���' i.enneas IN vuouc FINANCE Offices also in Wisconsin and Illinois fax 651-697-8555 toll free £300-552-1171 3060 Centre Pointe Drive Roseville, MN 55113-1122 118 Debt Isst_aitice Services Executive Summary of Proposed Debt Presale Report February 28, 2012 City of St. Anthony, Minnesota Page 1 Proposed Issue: $9,220,000 GO Bonds, Series, 2012 A The Bonds are being issued pursuant to Minnesota Statues, C1201%, Authority: 429 and 475. For the new money portion of the bonds and the refunding 2006A and 2007A bonds, because the City is assessing at leasof the project costs, the Bonds can be a general obligation witouta referendum and will not count against the City's debt limit. For the refunding of the 2003 HRA Lease Revenue Bonds, the City held the required public hearing in 2011 to issue these as GO CIP Bonds. CIP debt is limited to 3% of annual taxable market value. In the City, the taxable market value is $777,784,100. Therefore, the total amount of outstanding debt cannot exceed $23333,523. These values are for 2010/11 tax year (since 2012 was not yet available). As of October 31, 2011, the City had $7,195,000 subject to the legal debt limit (this amount includes the 2003 Bonds that are being refunded). As such, issuance of the CIP Bonds will be within the Overall statutory debt limit ror the City, Whether the Bonds are issued as a current Or advanced refunding. A Separate linlltatlOn Under the CIP Act is that. without referendum, the total amount Of principal and interest in any one year on all CIP Bonds issued by the City debt cannot exceed 0.16% of the total taxable market value in the nLill icipaIity. In the City, that nlaximunl annual debt service amount is $1,244,455 for the 2010/11 tax year ($777,784,100 x .0016). The annual principal and interest payments On the CIP Bonds proposed t0 be Issued ander this CIP Will average approximately $428,488. As such, debt service on the C11) Bonds will be well within the annual limits under the CIP Act. Purposes/Funding Sources: The proposed issue includes financing for the following purposes: • New money portion debt service will be paid from special assessments and lax ICV\. • Refunding of the 2006A and 2007A debt service will be paid Prom existing sources (special assessments and tax levy). • Rcrunding of the 2003 HRA Public Facility Lease RCVe1lUC Bonds debt service will be paid from existing sources (100% tax levy) FOr the I'efuudillg 1:0111011 Ot the bonds', the pnrpOSC Is t0 pi'OVIdC funds sufficient for an advance refunding of the 2013 through 2023 maturities of the 2003 1IRA Public Facilities Lease Revenue Bonds and the 2013 through 2022 maturities G.O. Improvement Bonds, Presale Report February 28, 2012 City of St. Anthony, Minnesota Page 1 Debt Issuance Servicuag Series 2006A and the 2014 through 2023 maturities of the G.O. Improvement bonds, Series 2007A (the "Prior Bonds"). Interest rates on the 2003 11RA Public Facilities Lease Revenue Bonds proposed to be refunded are 3.10% to 4.15%. The refunding is expected to reduce interest expense by approximately $555,371 over the next 11 years (average of $50,000/year). The Net Present Value Benefit of the refunding is estimated to be $510,497, equal to 13.174% of the refunded principal. The HRA will be utilizing the existing Debt Service Reserve Fund ($437,430) held in escrow to buy down the bonds. Interest rates on the 2006A G.O. Improvement Bonds proposed to be refunded are 4.0%. The refunding is expected to reduce interest expense by approximately $211.602 over the next 9 years (average of $24,000/year). The Net Present Value Benefit of the refunding is estimated to be $194,344, equal to 10.283% of the refunded principal. Interest rates on the 2007A G.O. Improvement Bonds proposed to be refunded are 3.65% to 4.10%. The refunding is expected to reduce interest expense by approximately $125,372 over the next 10 years (average of $14,000/year). The Net Present Value Benefit of the refunding is estimated to be $113,477, equal to 8.223% of the refunded principal. An advance refunding means the proceeds ol'the new 2012A Bonds will be escrowed in an amount sufficient to pay principal and interest Oil the Prior 13011ds through the call dates of 2/1/2013 and 2/1/2014 respectively. Bonds can only be advance refunded once during the life of the issue. 'file City's goal is to have the present value savings be at least 3% of the outstanding Prior Bonds. Term/Call Feature 'file Bonds are being issued I'or a 15 year term. Principal on the Bonds will be due on February I in IIIc years 2013 through 2028. The Bonds maturing February 1, 20217 and thereafter will be subject to prepayment at the discretion of the City on February 1, 2020 or any date thereafter. Bank Qualification Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Rating, The City's most recent bond issues were rated AA by Standard & Door's. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating Por the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the C i ty. `m Presale Report City of St. Anthony, Minnesota February 28, 2012 Page 2 120 I� I fDebt Issuance Services Method of Sale/Placement hl order to obtain the lowest interest cost to the City, we will soIIcit� competitive bids for purchase of the Bonds fiom local hanks in yore' area and regional underwriters. We have included an allowance for discount bidding equal to .75% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of its compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Review of Existing Debt We have reviewed all outstanding indebtedness for the City and find that in order to keep these bonds banl; qualified, there are no other refunding opportunities at this time; other than the obligations proposed to be refunded. The 2003B GO Water and Sewer Revenue Bonds will be current refundings this fall and we will discuss with the City at that time i1' they want to pursue the refinancing of those bonds. Continuing Disclosure: Because the City has more than $10.000,000 in outstanding debt (including this issue) and this ISStic Is ovel $1,000,000. the City Will be agreeing tO pl'OVidC cerlaill Updated Annual Financial llllormation 811d Its Audited Financial Statement annually as well as providing, notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB"), as required by iriles Of 1110 SCCUI'111CS alld F.xchallg0 Commission (SFC) The City is already obligated to provide such reports for its existing bonds, and has contracted with G,hlers 10 prepare and file the reports. Arbitrage Monitoring: Because the Bonds aie tax-exempt securities/tax credit securities, the Issuer must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. 'these rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. I low issuers spend bond proceeds and how they track interest earnings on funds (arbitrage/yield restriction compliance) arc common subjects of' IRS inquiries. Your specific responsibilities will be detailed in the Arbitrage Certificate prepared by your Bond Attorney and provided al closing You have retained Ehlers to assist you with compliance with these l tiles. =- Presale Report February 28, 2017_ y+M City of St. Anthony, Minnesota Page 3 Proposed Debt Issuance Schedule Pre -Sale Review by Council: Distribute Official Statement: Conference with Rating Agency: City Council Meeting to Award Sale of the Bonds: Estimated Closing Date: Attachments Sources and Uses of f=unds Proposed Debt Service Schedule Refunding Savings Analysis Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts: Financial Advisors: Stacie I(vilvang Shelly Lldrldge Bond Analyst- Rose Price Deka Issuance Servic(ni February 28, 2012 Week of March 12, 2012 Week of March 19, 2012 March 27, 2012 April 25, 2012 (651)-697-8506 (651)-697-8504 (65 1) 697-8532 Bond Sale Coordinator: Alicia AUIWes (65 1) 697-8523 Financial Analyst: Alicia Gage (65 1) 697-8551 The Official Statement for this fnancing will be mailed to the Oty Council at their home address or e- mailed for review prior to the sale date. Presale Report February 28, 2012 Page 4 City of St. Anthony, Minnesota 122 THIS PAGE LEFT INTENTIONALLY BLANK 123 Citv of St Anthony, MN $9,220,000 G.O. C.I.P. Bonds, Series 2012 - Dated: April 17, 2012 Proposed Net Cash Refunding of HRA Series 2003 as a GO with Crossover Refunding of Ser 06A & 07A W/ New Money - Current "AA" B.Q. Rates Total Issue Sources And Uses Dated 04/17/20121 Delivered 041`17/2012 Net Cash ref Proposed Proposed 2003 HRA Pub Crossover Crossover Fac Lease Rev Refunding of Refunding of Issue Bds Series 2006A Series 2007A New Money Summary Sources Of Funds Par Anloanlor Bonds 53,610,00000 51,935,00000 S1430,000.00 52,215,000.00 F9,220M000 'rrnnsfers fiom Prior Issue DSR Funds ;37,43000 - - - 437,130.00 "rola)Soetmi 54,077,130.110 SI,935,000.011 S1,430,000.00 52,215,000.00 59,6.,7,4311.011 Uses Of Funds Deposit to Net Cash Fwc" RPon.d 4,015,856 95 1,905025 52 1,407,102 82 - 7,328,285.29 Dcpnsit to Prolccl Convinlc6an F m l - - - 2,155050 ()0 2,15505000 Coils of l"t"Ince 29,60934 15,74031 11,63232 19017.90 7500000 oiol llndcnvnicl"s Discount (0.7504') 27,3111100 Id_i12.i0 1072500 16612.50 69,1511(1!1 Deposit ioCalmal ed Inlmcsl (CIF) Fund - - - )S.792 17 2S 792 17 Roundiur Auunlnl 466191 (27S 26) 2-39.86 (.3/172.57) 1.152?.1 Total llces 54,077,430.00 51,935,000.00 S 1,4311,11110,110 52,215,11011.011 59,657,430.1111 Se, 2012 P,opose4 GO GIP I Issue Su ....i, 1 2129/2012 1 9'32AIA E H L E R S I. I' ADI: R S I N 111101. I f: II N AN C I. f��! Citv of St Anthonv, MN $9,220,000 G.O. C.I.P. Bonds, Series 2012 - Dated: April 17, 2012 Proposed Net Cash Refunding of HRA Series 2003 as a GO with Crossover Refunding of Ser 06A & 07A W/ New Money - Current "AA" B.Q. Rates Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/17/2012 - - Bond Yea, Dollen' 563,033 56 072/01/2013 305,000.00 0.450% 94773.17 399,773.17 399,773.17 08/01/2013 - - 59,381 25 59,381.25 1 8412754% 02/01/2014 700,000.00 0.500% 59,381.25 759,381.25 818,762.50 08/01!2014 - - 57,63125 57,631.25 - 02/01/^_015 785,00000 0.600% 57,631.25 842,631'35 900,26250 08/01/1015 - - 55,27625 55_76.25 - 02/01/2016 800,00(1.00 0.750% 55.27635 855,27625 M_,52 50 08/01/2016 - - .52,276.25 °2,276.25 - 02/01/2017 820,00000 0.350/ 52_76.25 872,27625 924,55 50 08/01,20 17 - - 48,791.25 48,79135 - 02/01/2018 830(1(1200 1.100"6 4879125 878,79125 927,582.50 IWOU2018 - - 44,226 2S 4422625 - (12(01i2019 8420011.00 1 30096 4412635 88-0,22625 978,45250 118711/2019 - - 38,76025 38,766.25 - 02 012020 855,000,00 1.5 (P. 38 76625 893,766.25 932,532.50 08'(1112020 - - 32,140.00 32.1400() - 02;()1i2021 885.000.00 1.6509;, 32,14000 917,11090 '919,281100 0801'3021 - - '4,83875 24,838.75 - 02'012022 9020110191 1SiM. 2+1,83875 924,83875 949,677.50 0801'?022 - - 11,513 75 162513 75 - 0'-4112023 695000.00 2.001P, 1651375 711,i13.75 72502750 1)8 %01:2023 - - 9,.563.75 9,.5637-.5 - O,W2024 15500000 2.100'2;, 9.563]5 107,56375 174,12750 0&012074 - 793635 7,936.25 - 01012075 15500(1.00 2250', 7,936.25 162,93625 170.87250 08!01%2(Y -'S - _ 6.192.50 619230 - 02101CO26 102000.(10 2.40()"6 0,192 50 166,192.50 17385.00 08/01=2026 - - 4,27' 50 4'72.50 - 02s012027 1(50(1(19(1 2500'1b 927250 169,27250 17?54500 08!01'2027 - 2.210 00 2,210 00 - 0201:2()28 170.000 OU 16009,, 2,21(100 172,21000 1742/20.00 'Total 59,220,000.00 - S1,014,80.1.67 510,234,805,67 - Yield Statistics Bond Yea, Dollen' 563,033 56 AwItIL'e Lifo 6 837 fear., Aeem,o Coupon 1 609915 P. Net Ime,em Cost (NIC) 1 71964&696 'rale 1"Iewsl Cost ( nC l 1 7125285"4, Bona Yidd for Ad,ilmec I'Nnposes 15951063'9, All Inclesi,e Cobs (At( 1 1 8412754% IRS Form 8038 Nci Im esl Cosi 1.6(19945 h% Weighted AvemBe Ml ll"'t, 6.837 Yoe, So 2012 11rcylose,360011 I ISS,e Summa,, 1 2/2312012 1 9 32 AIA s; E H LE RS � eF` f1At, I 0510( PUI3110111VNVr, (.: 125 of St Anthony, MN $9,220,000 G.O. C.I.P. Bonds, Series 2012 - Dated: April 17, 2012 Proposed Net Cash Refunding of HRA Series 2003 as a GO with Crossover Refunding of Ser 06A & 07A W/ New Money - Current 'AA" B.Q. Rates Operation Of Project Construction Fund Investment Parameters Invcsimem 69odd IPV, GI(', or ScanlOcs') GIC Dclatdl invcsvnem yield larges Unretricicd Cash Dcpnsh 2 29 Cost of h,cesuncnts Pumhn.vcd with Gond Prm.ccds `),4S;_333 00 Zero 5"1 .IR3.335.29 'ro,0cl Coll 0(6rcesimm�u al bon0 yielA 89.383.535 37 ,Adual pnsiGve or (negative) nrbitlnyc Date Principal Rate Interest Coupon Reinvestment Receipts Disbursements Cash Balance 04/172012 2,155,050,00 - - - - 2155,052,29 2,155,050.00 229 08/012012 72,613.00 - 1,031,35 (1,015"00) - 72,62935 72630.00 1.64 02/01/2013 5,860,337.00 0.1400000% 8,26046 - 1,015.00 5,869,612.46 5,869,613.53 0,57 08/01/2013 7,663.00 0.1900000% 1,74185 - - 9,404.85 9,405.00 0"42 02/012014 1,387,670.00 02500000% 1,734.58 - - 1,389,40438 1389,405.00 - "1'otal $9483,333.00 $12,768,24 (1,015.00) 51,015.00 $9,496,103.53 S9,496,103.53 - Investment Parameters Invcsimem 69odd IPV, GI(', or ScanlOcs') GIC Dclatdl invcsvnem yield larges Unretricicd Cash Dcpnsh 2 29 Cost of h,cesuncnts Pumhn.vcd with Gond Prm.ccds `),4S;_333 00 'I'"I'd Cost 01 Invcmnaya. 5"1 .IR3.335.29 'ro,0cl Coll 0(6rcesimm�u al bon0 yielA 89.383.535 37 ,Adual pnsiGve or (negative) nrbitlnyc (9'),79(.92 ) 1'idA in 12cccipi u. 1788611'% VtAl to, A,bmagc I'urpaaca 1 595 063", Sime and Local GnvcrnnWn, Sttios GSI (IS) ranee for .._ 112012 Svr201211ropo... Goc,n 12¢1201219=32A11 ,4 .2 E H L E R S It -01011 1INA.111 126 City of St Anthony, MN $9,220,000 G.O. C.I.P. Bonds, Series 2012 - Dated: April 17, 2012 Proposed Net Cash Refunding of HRA Series 2003 as a GO with Crossover Refunding of Ser 06A & 07A W/ New Money - Current "AA" B.Q. Rates Debt Service Comparison 'Fold 510,234,805,67 (28,792.47) (3,320,793.53) 84,1116,403.33 S 10,900,470.76 59,2114,9911.83 (1,695,479.93) Const Loan (i...$5 PV Debt Sol I Icc Sm I"p... _.....__...._ [ I,I0i 678 511 Date Total P+I CIF Pmt Existing D/S Net New D/S Old Net D/S Savings 02/01/2013 399,773.17 (28,792.47) (1,921,983.53) 2,582,703.33 1,030,548.26 1,08:96333 52,415.07 02/01/2014 818,762.50 - (1,398,810.00) 1,433,700.00 853,652.50 756,96100 (96,687.50) 02/012015 900,262.50 - - - 900,262.50 819,405.00 (80,85250 02/01/2016 910,552.50 - - - 910,55250 828,65000 (81,902.50) 02/01/2017 924,552.50 - - - 924,552.50 836,45500 (88,09750) 02/01/2018 927,582 50 - - - 927,582.50 842,)32.50 (84,650 ON) 02/01/2019 928;15250 - - - 928,45250 84290250 (85,545.00) 02/01/21120 912.532 50 - - - 932,532.50 846,507.50 (86,025.00) 02/01,2021 949,280.00 - - - 949,280.00 858,497.50 (90782.50) 02/01/2022 949,67750 - - - 949,677.50 868297.50 (8138N00) 02/01/2023 728,027.50 - - - 728,02750 621,410.00 (106,61750) 02/012024 174,12750 - - - 174,127.50 - (174,127 50) 02/01/2025 170,872.50 - - - 170,87250 - (170.87250) (13/01/3026 172385,0(1 - - - 172,385.00 - (172,,85.00) 02/01/2027 17+545.00 - - - 17354500 - (173,51500) 02/01;2028 174,42090 - - - 174;1-1000 - (171420.(10) 'Fold 510,234,805,67 (28,792.47) (3,320,793.53) 84,1116,403.33 S 10,900,470.76 59,2114,9911.83 (1,695,479.93) PV Analysis Summary (Net to Net) (i...$5 PV Debt Sol I Icc Sm I"p... _.....__...._ [ I,I0i 678 511 I lioctsof Chanes in DSI2 inrcYlnmms...._. _. 1362,71=1.96) 120'ods ofchanoos in ( IP In'C,Cm1Cnt1. _. _.. 28,133 85 Not PV Cashlhlm Savings(/ 1.595'%(Bond YwId)_. 11/132959.63) Anunnt dcpos,od info Qm8lrucl ion Fm1d_.... .... 2,155 11501)11 C'anifngcnc)' or Roundin(,, Amount........ _.... 1,152.24 Not Present Value Benefit 5716.I P 61 Not PV Benelfil 18,064,380 50 PV Refunded Debt Son ice 8 88111" Net PV l3cnol it : S7,1 15,000 RelLnded P, mcipul. 10 02 V) Net PV I3eneft. - 12olunding Principal. 7 768°.6 Refunding Bond Information _ R<lintdum Dated Dale V 17:'7012 R6...dmg Dclivciy bolo 1: 17;2012 .xv 1012 Pi cposIII GO CIP I issue cumin my 1 2,26;201210=32AM 1n E H L E R S ?` 11 Al)1 RV I P01411(' I INA NC I: 127 St Anthonv, MN $3,640,000 $3,640,000 Proposed Net Cash Refunding of Public Facility Lease Revenue Bonds, Series 2003 as a GO Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/1772012 - - - - - 02/01/2013 305000.00 0.450% 33,997.17 338,997,17 338,997.17 08/01/2013 - - 20,861.25 20,861.25 - 02/01/2014 3001000.00 0.500% 20,86125 320,861.25 341,722.50 08/01/2014 - - 20,11125 20,11125 - 02/01/2015 305000.00 0.600%, 20,111.25 325,111,25 345,222.50 ONM/2015 - - 19,196.25 19,19(125 - 02401/2016 315,000.00 0.7509 19,196 IN 334,196.25 353,39250 08/01,201(1 - - 18,01:.00 Is,() 15 N) - 0J01/2017 320,000.00 0.850% 18,015 00 339,0000 356,030.00 08/01/2017 - - 16,65500 15655110 - 02 01,2015 325,000.00 L lll(1% 16,655.00 341 655 00 355,310.00 0&(1112018 - 14,567.50 14,867 5O - 02'012019 33500000 1.300% 14,867.5(1 349,86'7.50 3(1,73500 0801,1019 - - 126911.00 13,690.0(1 - 02'(11;2020 310,000.00 155U" 1'-,690.0(1 352,69000 365,380(10 0801 2020 - - 10055 00 10,055 00 - 02'01'2021 3-55,(111(7.00 1.650°=n 10,(15.5.00 365,055 01) 37 9-1 10 00 0801;1021 - - 7.12625 7.12625 - 112:01'2022 365,000.0(1 1.3511"5, 7,126.25 372,126.25 379,25"_'511 08012022 - - 3,75(100 17000 - 0201r2023 375,00000 200(1% 3,75000 37$75090 382,500DC '1'oln1 S3,640,000.00 - 53211,652.17 .5;3,960,6,2.17 Yield Statistics Bund Ycar I7allars 521,396.56 Acomcc I.irc 6 016 Ypnrs Avcl'aye Coupon 1 4643055;5, Ncl hl mm Coss (NIC) 1 5890726°.L 'rma nl<msl 0"I YII(1 15575335°� Bond Yield lot Arbilmgc Purposes 15951063,11 All nclw vc Cost (Al( 1723864'fi, IRS Form 8038 Net Inlm'til Cost 1.4643955'+5, Wc,,lhmd A,emkc Mauuritc 6.016 Ycm, Ser 2012 Proposell(30 CIP I NM Cash1,,12003 HRA Pub 1 2/2312012 1 432 AM EHLERS I, AM IIS IN I'UM W f IWAWCI'. 128 St Anthony, MN $5,530,000 Public Facilities Lease Revenue Bonds, Series 2003 (City of St. Anthony, Minnesota Lease Obligation) Prior Original Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 08/01/201 - - 72,63000 72,630.00 - 02/01/2013 245,000.00 3.100% 72,630.00 317,630.00 390,260.00 08/01/2013 - - 68,832.50 68,832.50 - 02/01/2014 255,000.00 3.200% 68,832.50 323,832.50 392,66500 08/01/2014 - - 6475350 64,752.50 - 02/01/2015 26500000 3.400% 6475250 329,75250 394,50500 08/01/2015 - - 60,24750 60,247.50 - 02/01/2016 290,000 ON 3500% 60,24750 340,24750 400,495.00 08/01/2016 - - 55,347.50 55,347,50 - 02/01/2017 295,00000 3.550% 55,34250 350,34750 405,695.00 08/01/2017 - - 50,111,25 5(1,111.25 - 02411/2018 310,000.00 3.650% 50,11125 360,111.25 4 10,222 50 08/01/2018 - - 44,453.75 4445375 - 02/01!2019 325,000.00 3.75W!, 44,453.75 369,-5375 413;107.50 08501!3019 _ - 38,36400 38,36000 (1101:3(120 340,000.00 3.8501% 38,36000 378,360.00 416,72000 08501')1)20 - - 31,,1500 31,815.00 - W, Q"() 3600(10.00 4.00046 31,915.00 391,8000 12163(100 0801 2021 - - 24,0 15 00 24,61 i.00 - 02:015101° 380.00000 -1000411 2461500 401,615.00 42923000 ON 01 2022 - 17,015.(10 17,015 00 0201'_'023 400-(1(10.00 I511".fi 17,01500 417,01500 13 1,0301)O 08'01:2023 - - 8,7000 8,715.00 (1]101.2024 4^_0000.00 4.15(lY 8,71500 128,715 00 437,430W 'folnl 53,876,000.00 - $1,073,790.00 54,948,790.00 Yield Statistics Bose dole I'm Arg. I -i fe & Acg. Coupon Qdcula ion Avernpc l.ile Aecragc Coupon Woiehied Marpec A4zi I,IIV (1°(11Bast S) Refunding Bond Information keltmdmn Dated Dale nefundins Del"C" Dnla Se, 2003 HRA P,N I=ac Lau 1 SIN(;t F PURPOSI3 1 212312012 1 932 ANS EHLERS _ rtnuln,wlunnc nnnna: 1 17301 ^_ 6881 Yea" 10174 15 T" 6 6 881 Years 4 17'2012 1 17:2012 129 St Anthonv. MN $3,640,000 $3,640,000 Proposed Net Cash Refunding of Public Facility Lease Revenue Bonds, Series 2003 as a GO Debt Service Comparison Date Total P+I Net New DIS Old Net DIS Savings 02/01/2013 338,997.17 334,333.66 390,260.00 55,926.34 02/01/2014 341,722.50 341,72250 392,665.00 50,942.50 02/01/2015 345,222.50 345,222.50 394,505.00 49,282.50 02/01/2016 353,392.50 353,392.50 400,495.00 47,102.50 02/01/2017 356,030.00 356,03400 405,695.00 49,665.00 0101'2018 358.31000 358,310.00 410,222.50 5191250 0/01/2019 364,735.00 364,73100 413907.50 49,17250 02/01/2020 365,380.00 365380.00 416,720.00 51,340.00 02/01/2021 375,110.00 375,110.00 423,630.00 48,52000 02/01/2022 379,25250 379,252 50 429,23400 49,97750 01101,1013 382,500.00 382,50000 434,03400 51,53000 loud 53,960,652.17 S3,955,988.66 S4,511,360.00 !;555,371.34 PV Analysis Summary (Net to Net) Gloss PV Debl Sonice Sa hit's _ 86&5-18.17 I fl,ects nrchanges in DSR inve5bnenls'______ (362 714 961 Net PV Coshllmc Simms 0 1 59546(13ond YIcId ). >05,833 21 ( ncc nlRounding Aim) unf4,603 51 Not Prcecnl Value Benchl 1510,496.72 Net PV Beiielit 54,479,691.83 PV Relimded Debt Scmce 11390", Net PV 13enelil S3 875,D00 Rertwded Principal_ 13.17V,b Net PV 13eneItI b36401000 RcIt, "It ing Principal. 14.025°„ Refunding Bond Information Roliodine Dated Duro =1 17:'012 12ofundine Dehccn Dtle 4 17:2012 Ser 2012 Propusud GU UP I Net Cash Int 200311P6 Pub 120,:92012 19'32 AM ;zfEHLERS I ADI11S IN Pn1i1 IC IlN4NCt. 130 St Anthony, MN $5,530,000 Public Facilities Lease Revenue Bonds, Series 2003 (City of St. Anthony, Minnesota Lease Obligation) Debt Service To Maturity And To Call 'final 53,875,11011.1111 SI 45,2611.1111 54,020,2611.00 S3,87K,000.00 - S1,073,790.00 S4,948,790.00 Base dale Irn Avg. Life,@ M+_ Coupon ( III QI IW I I),, Aeerogc bile Avuugo Coupon WeiJued Avorosc Mulmw, (Par Baslsl Refunding Bond Information Pl,lundine Dmed Dane Rofiwdum Doh"', Dale SE, 2no3I IRA Pub I ric:I ,is I SI 6lR PURPOSI 1212W,012 1 9'32 AM EHLERS 1r ILAID u(^Iry lam lc nnnrvct L"17 3011 6 991 Years 4.0174 1,57'1,, 6 881 Years 4 17.2011 1 17'2012 Refunded Refunded Refunded Date Bonds Interest D/S To Call Principal Coupon Interest DIS 08/01/2012 - 72,630.00 72,630.00 - - 72,630.00 72,630.00 02/01/2013 3,875,000.00 72,63000 3,947,630.00 245,000.00 3.100% 72,63000 317,630.00 08/01/2013 - - - - - 68,83150 68,83250 02/01/2014 - - - 255,000.00 3200% 68,832.50 323,832.50 08/01,2014 - - - - 64,752.50 64,75250 02/0P2015 - - - 265,00000 3.400% 64,75250 329,752.50 08/01/201 - - - - - 60,247.50 60,24750 0`052016 - - - 280,000.00 3500% 60,24750 340,24750 09/01/2016 - - - - - 55,34750 55,34750 02/01/2017 - - - 295,00000 3.550"/0 55,34750 350,34750 08/01/2017 - - - - - 50,111,25 SO111.25 02/01/2018 - - - 310'000.(10 3.650' 50,11125 360.111.25 0801/2019 - - - - - 44,453.75 44;153 JS (11 M 2019 .. - 315,000.00 3.75()% 44,1531 T> 369,453.75 08/(1152019 - - - 38,360 00 3.X',360.(10 0250152020 - - - 340,(10(1.00 3.850% 35,36000 379,360.015 08101 ^030 _ .. .. - 31,81590 31,91.00 02'01:21121 - - - 360,00000 490(O 31,81.00 391,91500 08/01;2021 - - - - - 141 6 15.00 - 2a 015 U0 021012022 - - - 380,000.00 40011,.' 24,615,00 404,61500 08011011 - - - - - 17,01 S (Y) 17,01 i 00 01,01'023 - - - 400,(10000 4 150% 17,015A11 417,015.011 085(11/1023 - - - 8,71i,00 5,715.00 0101!2021 - - - ;12000000 1101f. 8,71590 428,71i.00 'final 53,875,11011.1111 SI 45,2611.1111 54,020,2611.00 S3,87K,000.00 - S1,073,790.00 S4,948,790.00 Base dale Irn Avg. Life,@ M+_ Coupon ( III QI IW I I),, Aeerogc bile Avuugo Coupon WeiJued Avorosc Mulmw, (Par Baslsl Refunding Bond Information Pl,lundine Dmed Dane Rofiwdum Doh"', Dale SE, 2no3I IRA Pub I ric:I ,is I SI 6lR PURPOSI 1212W,012 1 9'32 AM EHLERS 1r ILAID u(^Iry lam lc nnnrvct L"17 3011 6 991 Years 4.0174 1,57'1,, 6 881 Years 4 17.2011 1 17'2012 131 St Anthony, MN $1,935,000 Proposed Crossover Refunding of Series 2006A Debt Service Schedule Date Principal Coupon Interest_ Total P+I Fiscal Total 04/17/2012 - - - - - 02/01/2013 - - 17,144.53 17,144.53 17,14453 08/01/2013 - - 10,866.25 10,866.25 - 02/01/2014 265,00000 0500% 10,866.25 275,866.25 286,732.50 08/01/2014 - - 10,203 75 10,203.75 - 02/01/2015 195,00000 0.600% 10,203.75 205,203.75 215,40750 08/01/2015 - - 9,618.75 9'61875 - 02/01/2016 200,000.00 0750°.6 9,618.75 209,618.75 219,23750 08/01/2016 - - 8,868.75 8,868.75 - 02/01/2017 20500000 0.850% 8,868.75 213,868.75 222,737.50 08/01/2017 - - 7,99750 7,99750 - 02/(I 1/2018 210,000.00 1.10096 7,99750 217,99750 22599500 080152018 - - !84250 6,84250 - 0/01/2019 210.00(1.(10 1.300 o 6,842.50 216,84250 2235,685 00 08/01.2(119 - - 5,477 10 5,477.5(1 - 02101i1010 210,000 00 1.35(y% 547750 ?15,477.50 220,955.00 08=01)020 - - 3,850.00 3,850.00 - 0101%1021 220,0000(1 1 ()NO3. 3.850170 223,850. )0 227,700.(1(1 08!012021 - - 3 035.00 2.0335 00 - 01/011022 1_20000()0 1.850°e 3,035.00 18103500 114,071100 1001 $1,93$,000.00 - S148,66453 52,083,664.53 - Yield Statistics Bond Year Dollars 5:11,121.10 Mcmec Lire 5.748 Yew,, Alo age Coupon 133673(19", Net Inter sl COSI INIC) 1.167'21 V!, 'IYuo Inreresl Cost (I K 1-166939Wlo Bond Yield for AfhiOoge rurposac IS1)51063'Se All Inclusiw CoM lAl('I 1.6171164M1;, IRS Form 8038 Net Interesl Cost 1.3367309".6 Wciehted Arenume NULlrltr 5 748 Yew, se, 2012 Propormd Gn COP I Proposed Crossover Rpluntl 1223,201219,32 AM EHLERS r II MI RS Iry PUNT 1011 NANCI 132 St Anthonv. MN $3,190,000 G.O. Bonds, Series 2006A Prior Original Debt Service Date Principal Coupon InterestTotal P+I Fiscal Total 02/01/2013 - - 59,640.00 59 640.00 59,640 00 08/01/2013 - - 37,800.00 37,80000 - 02/01/2014 235,000.00 4.000% 37,800.00 272,80000 310,600.00 08/01/2014 - - 33,100.00 33,100.00 - 03Po1, 2015 175.000.00 4.000% 33,10000 20$10000 241,20090 08/01/2015 - - 2960000 29,600.00 - 02/01/2016 18100000 4000% 29,600.00 214,600.00 244,200.00 08/01/3016 - - 25,90000 21,90090 - 03/01/2017 195000.00 1OOV0 ., 21110000 220,90000 246,800.00 0$/01/2017 - - 22000.00 22,000.00 - 02/01/2018 205,000.00 4000%22,000.00 227,000.00 249,00000 08/01/2018 - - 17,900.00 1790(1.00 - 0'01/2019 210,000.00 el OW, 1790000 22790000 24,5,800Off 08,91!2019 - - 13,700 Off 1370(1,0(1 - 02101 1020 211,111)090 4.0004% 13,70000 228,700.00 212;10090 09 0112020 - - 9,400.00 9,400.00 - 02/01/2021 230,00000 4.000"0 9,40000 239,400.00 248,80000 0801 2021 - - -1.800 SO 4,800 00 - 0101^022 240,00090 4.000% 48(1(1.0(1 2+14.800.00 249,00000 'fin111 $1,890,000.00 - 5448,040.00 52,338,11411.011 Yield 13aec dine Im Avg, Lile S Acg. Coupon Calculation Aecrtlge Lire Avemgc Coupon Weighted Avetnt--, 4unvip(Par oasis) Refunding Bond Information RClivulmi' Mated Dort RePonding Delnery Date Scl GAN $3.19M SO 1dlf� I SIN St I PURPOS9 1 2,2912012 1 9.32 AM EHLERS I I:A11I NS IN POW .IC IiNANO 4/17/2012 1.916 Yews 4 00011000% 5 926 Years -1 17'2012 -U 17.'2012 133 St Anthony, MN $1,935,000 Proposed Crossover Refunding of Series 2006A Debt Service Comparison 9')1111 $2,083,664.53 (1,907,144.53) 51,949,640.110 52,126,438.26 $2,338,040.00 5211,6111.74 Const Loan Date Total P+1 Pmt Existing D/S Net New D/S Old Net D/S Savings 02/01/2013 17,14453 (1907,14453) 1,949,640.00 59,918.26 59,640.00 (278.26) 02/01/2014 286,732.50 - - 286,732.50 310,600.00 23,867.50 02/01/2015 215,40750 - - 215,407.50 241,200,00 25,79250 02/01/2016 219,237.50 - - 219,237.50 244,200.00 24,962.50 02/01/2017 222737.50 - - 222,73750 246,800.00 24,062.50 02/01/2018 225,995.00 - - 225,995 00 249,00000 2300.5.00 02/01/2019 223,685.00 - - 223,68 00 245,80000 22,115.00 02/01/2020 220,955.00 - - 220,955.00 242,400.00 21,445.00 02/(1112021 227,700,00 - - 227,70(1.00 218,80000 21,10000 0201/2022 224070.00 - - 224,07000 249600.00 25,530.00 9')1111 $2,083,664.53 (1,907,144.53) 51,949,640.110 52,126,438.26 $2,338,040.00 5211,6111.74 PV Analysis Summary (Net to Net) (lo, PV Debi Service Sevin¢,. 19462'.01 Not PV Cush llo, Sal, Iles Gi I i1)i` (BOnd Y eld)_ _ 19 1,612 0 Conlin_encv or Reundiuc /1)),111111 _ (278 26) Ncl Precnl Valna Renehl SI')1.343 78 Nei PV Bene it "52084.731.,0 PV Refunded Debt Service `) 3'-?,, Nei PV Benerl 51,890,000 Rel i.ndcd Principal.. 1112_8397 Net PV Rench( $1935,0(4) Refunding Principal_ 1001111. Refunding Bond Information Rcli,nduc D;ned Dale 1 17'2012 Relimdine De6vrn Dula 4'172012 se. 2,012 f-ropoSOU co Ull I 11 .opmn<I C1.1IO11I nOW.111 1 2/)32012 1932 AM EHLERS I I AN 16 IN F UIII Ill I IN ANCA 134 St Anthony, MN $3,190,000 G.O. Bonds, Series 2006A Debt Service To Maturity And To Call 1I11NI $1,8911,0011.011 559,6411011 SI,949,640.00 SI,890,000.00 - 5448,11411.1111 52,338,0411.110 Yield 13asn dale lift Acg. ZIe & Ace Coupon Caladat"m A,emac I,,Ie A,emge Cnupon Wei --hied A, e, qle Mak",Iv(Par 13a9<1 Refunding Bond Information Itelundine Dn1ed Date Pet ..lduvx Dchlen Dale Se, )GA 53.19M G0lets I SINU IP PUI)P()SI3 1 21231?012 1 9 32 AM EHLERS ,: �^ It AIN HS IN runt IL I INANCI 4:'17:2013 5.926 Years 4 000000(P. 5 916 Yvan 1 172012 -1 17: 2011_ Refunded Refunded Refunded Date Bonds Interest D/S To Call Principal Coupon Interest DIS 02/01/2013 1,890,000.00 59,640.00 1,949,640.00 - - 59,640.00 59,640.00 08/01/2013 - - - - - 37,800,00 37,800.00 02/01/2014 - - - 235,000.00 4.000% 37,800.00 272,800.00 08/012014 - - - - - 33,100.00 33,100.00 02/012015 - - - 175,000.00 4000% 33,100.00 208,100.00 08/01/2015 - - - - - 2960000 29,600.00 02/01/2016 - - - 18).000.00 4.000% 29,600.00 214,600.00 ORN 12016 - - - - - 2590000 25,900.00 02/01/2017 - - - 195,000,00 4 000.. 2)')00.00 220,900.00 ORI(11/2017 - - - - - -- X2,00000 ',000,00 - 2- 02/O1i2018 - - 205,00(1.(10 4000% 22,000.00 227,000.00 0801/2018 - - - - - 17,900.00 17,90400 (12/01 /2019 - - - 210,000.00 4.000° i, 1 7900 00 227,90000 08'01'2019 - - - - - 13,,700.00 13,700.(10 0201'3020 - - - 215,000.00 4.000":,, 13,700.00 228 7(10.00 O8/012020 - - _ - _ 9,400 NO 9;10000 02101/2021 - - 230,00000 4.00(1% 9,40000 239,4(1000 O8%002031 - - - - - 1,800 00 4,50000 02/01,2022 240,00000 4000°0 480000 244.80400 1I11NI $1,8911,0011.011 559,6411011 SI,949,640.00 SI,890,000.00 - 5448,11411.1111 52,338,0411.110 Yield 13asn dale lift Acg. ZIe & Ace Coupon Caladat"m A,emac I,,Ie A,emge Cnupon Wei --hied A, e, qle Mak",Iv(Par 13a9<1 Refunding Bond Information Itelundine Dn1ed Date Pet ..lduvx Dchlen Dale Se, )GA 53.19M G0lets I SINU IP PUI)P()SI3 1 21231?012 1 9 32 AM EHLERS ,: �^ It AIN HS IN runt IL I INANCI 4:'17:2013 5.926 Years 4 000000(P. 5 916 Yvan 1 172012 -1 17: 2011_ 135 St Anthony, MN $1,430,000 Proposed Crossover Refunding of $2,050,000 G.O. Improvement Bonds, Series 2007A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/17/2012 - - - - - 02/012013 - - 14,839.00 14,839.00 14,839.00 08/01/2013 - - 9,405.00 9,405.00 - 02/01/2014 - - 9,405.00 9,405.00 18,810,00 08/01/2014 - - 9,405.00 9,405.00 - 02/01/2015 150,00000 0.600% 9,40500 159,405.00 168,810.00 08/01/2015 - - 9,955.00 8,95500 - 172/012016 15000000 0780% 8,955.00 158,955.00 167,910110 080172016 - - 8,392.50 8,393.50 - 02l01/2017 155,000.00 0.850% 8,392.50 163,392.50 171,78500 08/012017 - - 7,733.75 7,733.75 - 0_'0I720I8 155,000.00 1.10(1% 7,733.75 162,733.75 170,46750 08101 1018 - - (1,881.25 6,88125 - 02/0W019 155,000 00 130011, 6,881.25 161,881.35 16076350 08:01 (W) - - 5,87375 5.873.75 - 01 011203(1 160.00(1.(10 1550% 5,873]5 165,873 75 171,79750 08/0151010 - - :1613.75 4.63375 - 02101?021 11)5900.W I6S0"6 4563375 169,633'75 171'6750 0801:1021 - 1272.50 127250 - 01M 1022 170.(10000 1 951), 1272.50 173,2725(1 17031500 08'011202' - - 700 M) 1,70000 0/017023 170,00000 2.000°5 1,700.(1(1 171,700.00 1734011011 'I'aial 51,43[1,0[1(1.0[1 - 5147,344.00 $1,577,344.1111 Yield Statistics Bond Year Dollars x9,87.3 11 A,craeo Life (,_904 Ycak2 Melvge Coupon 1 1923766'„ Net In[acsl (os[ (NIC) 1('010OW" I hucres[ Cns1 ( IlC) 1 5999957'5 Bout field k,, A01111e1gc Purposes 1 5951063",e All Inclusive Cos[ (AIC) 1.7261177'% IRS Form 8038 Nc[ Mme"[ Cos[ I 4933766';1 Wervhmd Average 1Alutlrtdc 6 90-1 fears Sor 2,012 PmNO1C0 CO IV Rnlun012,2312012, 1 9 32 AM EHLERS et 1 1, p0[ 161 N NU B U C I i N All CI.. 136 St Anthony, MN $2,050,000 G.O. Improvement Bonds, Series 2007A Prior Original Debt Service Date Principal Coupon Interest Total P+I Fiscal Total 02/01/2013 - - 633,06333 633,063.33 633,063.33 08/01/2013 - - 26,850.00 26,850.00 - 02/01/2014 - - 26,850.00 26,850.00 53,700.00 08/01/2014 - - 26,850,00 26,850.00 - 02/01!2015 130.000.00 3.650%26,850.00 156,850.00 18.3,700.00 08/01/2015 - - 24,477 50 24,477 50 - 02/01/2016 135,000.00 3.700% 24,477.50 159,47750 183,95500 08101,'2016 - - 01,980.00 2I"mo .00 - 02/01/2017 140,000.00 3.750% 21.98000 161,980.00 183960.00 OR/UTH7 - - 19,355.00 19355.00 - 02/01/2018 145000.00 3$00% 19,35590 164,355.00 183,710.00 081012018 - - 1(1,60000 16,600 00 - 02101x2019 00'000 1)() 3.87.59;, 10600.00 16660(1.00 183?00.00 08/01;°019 - - 13.62375 1369375 - 02/tll'2020 160,000.00 39So°a, 13,62375 173693.75 187,38750 0901'2020 - - 10,533.75 10,533T> - 02/01/2021 165.00000 4.0004. 10_533.75 175,533 75 180067 50 08'01.2021 - 73375 7.233.75 - 02Y)1:2(122 175,(10000 -10$(1"i, 723375 182-23375 189,4673( 08'0111001 - - "'(190 00 1,090 00 - 02;(11:2033 180.000(10 4 IMy', 3,690(10 183,69000 187,3800( '(olid 51,380,000.110 - 1975,590.83 52,355,5W83 - Yield Statistics Base dale IN, Avg,. L,li S. AlIa Coupon CNIallmion M172W, Awmt-e Life 7 068 Ycna AwIzw Coupon 100031)82 % Weirhled Arcane Mammy (Par Basis) 7 068 Years Refunding Bond Information ZlllnuhnL Ji wd X,tc 1 17X2012 Rcllwdms Dehel, Dole 1173012 Sei O>A $209M G0 6np HdI I SINGI I3 PURPOSI3 121JN2012 19 32 AM E H L E R S It AOILARS IN 1'15131 IC RNPNI:( 137 St Anthony, MN $1,430,000 Proposed Crossover Refunding of $2,050,000 G.O. Improvement Bonds, Series 2007A Debt Service Comparison Date Total P+l PCF Existing DIS Net New D/S _ Old_ Net D/S Savings 02/01/2013 14,83900 (14,839.00) 633,063.33 632,823,47 633,063.33 239.86 02/0)/2014 18,810.00 (1,398,810.00) 1,433,70000 53,700.00 53,700.00 - 02/01/2015 168,810.00 - - 168,81000 183,700.00 14,890.00 02/01/2016 167,910.00 - - 167,910.00 183,955.00 16,045.00 02/01/2017 171,785 00 - - 171,785 00 183,960.00 12,175.00 02/01,2018 170,46750 - - 170,46750 183,71000 13,141 5O 02/01/2019 168,76250 - 168,76250 )83,200.00 14,437.50 02/01/2020 171.74750 - - 171,747.50 187,387.50 15,64000 02/01/2021 174,26750 - - 174:6750 186,067.50 11,800.00 02;0 l,'2022 176,545.00 - - 176,545.00 189,46750 12,92250 02/01/2023 173400.00 - - 173,40000 187,380.00 13,980.00 T0a1 51,577,344.00 (1,413,649.00 52,066,763.33 32,230,218.47 52,355,590,83 5125,372.36 PV Analysis Summary (Net to Net) Gross PV Debt Sen icc Savings_.. 113.236.89 Net PV Cos00om Borings r,, 159594413mW Yield)... 1 3,236.80 Conful�encv or Rounding Nnount___ 230 86 Net PlesoNt Value Relic i1 511 3,176.75 Net PV Benalil / Al 499,951.17 PV Refunded Debt Service 7 56546 Net PV 13enchl / SI X30,000 Relilnded PI "ot ld_ 8.2^_3"s, Net PV ncnc6V til; 13000012climdine Principal 79336 Refunding Bond Information Relundinm Dowd Date 4 179012 Refwalinu Ddherl Dote 1 1721112 Scr 2012 Pmpomcl GO CIP I Piop0se0fo5sovei Refund l 21231801219'. 32 AM ` EHLERS .4' 1C AW[ 1% 114 NMI) r. INANCI. St Anthonv. MN $2,050,000 G.O. Improvement Bonds, Series 2007A Debt Service To Maturity And To Call 'Poral 51,380,000.1111 5686,763.33 $2,1166,70333 51,380,000.00 - S975,590.83 82,3,5,5911.83 Yield Statistics Nm dale 411 Acg. LiIi & Mpg. Coupon Calculalion A,enn.,c Lile Mange Coupon Weighted A,ewge Maluriry (Par 13asisl Braid Information RcW'ndioe Dated Dalt IRIilndung Ddh'e')' Dal, Se, D"/A 52.05M GO anp BBs 1 SINGI In PURPOSIE 1MOO12 19.32 AM u EHLERS I I AOI 12111V YUnI II; IINpNCI: 611 U201S 7 068 )'ears I011llat982",n 7.068 Y<nn' 1 172012 1 172012 Refunded Refunded Refunded Date Bonds Interest DIS To Call Principal Coupon Interest D/S 02/01/2013 - 633,063.33 633,063.33 - - 633,063.33 633,063.33 08/01/2013 - 26,850.00 26,850.00 - - 26,850.00 26,850.00 02/01/2014 1,380,000.00 26,850.00 1,406,85000 - - 26,850.00 26,850,00 08/01/2014 - - - - - 26,850.00 26,850.00 02/01;2015 - - - 130,000.00 3.65U'7, 26,850.00 156,85000 08/01/201-5 - - - - - 24477.50 24,47750 02/01/2016 - - - 135,000,00 3.700%24 477 SO 159,477.50 0901/2016 - - - - - 21980.00 21980.00 0' O1!2017 - - - 140,000.00 3.75W 21,980.00 161,980.00 08101 /2017 - - - - - 19,355 00 19,355.00 02/01/2(118 - - - 145,00400 3.80(1°6 193500 164,355.00 08/01,2018 - - - - - 16,600.00 1660000 02!01;2019 - - - 150000.00 3.875% 16,600.00 166,600.00 O8 01!2011) - - - - - 13 693 75 13,693.71 02'0112(20 - - - 160,000 00 3.95W., 13 693 75 173,693 71 08;01/2020 - - - - - 1(1.533.75 10,133.7.5 02'0112021 - - - 165,000.00 1000, 10,53375 175,533.75 0&01:3021 - - - - - 7 1_5,3 75 7,233 7; 02'012022 - - - 175,00000 4.050'1;, 7?33.75 Q,233 75 08:'01/2032 - - - - 3,691100 3 690 00 (112-(11:11123 - - - 180.000 W 1 1(011:1, 3,690 00 1 U,690 00 'Poral 51,380,000.1111 5686,763.33 $2,1166,70333 51,380,000.00 - S975,590.83 82,3,5,5911.83 Yield Statistics Nm dale 411 Acg. LiIi & Mpg. Coupon Calculalion A,enn.,c Lile Mange Coupon Weighted A,ewge Maluriry (Par 13asisl Braid Information RcW'ndioe Dated Dalt IRIilndung Ddh'e')' Dal, Se, D"/A 52.05M GO anp BBs 1 SINGI In PURPOSIE 1MOO12 19.32 AM u EHLERS I I AOI 12111V YUnI II; IINpNCI: 611 U201S 7 068 )'ears I011llat982",n 7.068 Y<nn' 1 172012 1 172012 139 O U U N O Z d ry o co . C V 4 d R V 1 i o ..> v V P V 4 d' d' Y � O N � = p L Q U '^ V/ N 0 � U_ O T C N > pp o O N Q U z o 139 77, �- ry . C V 4 d R V 1 ..> v V P V 4 d' d' Y b r>� N � N Q t - - - 1 - 0 N N O .r, v r z U Y c a - �y - YO N Y N r -Y ✓. - U m _ U - C Y N J - _ 139 140 Citv of St Anthony, MN $474,280 Assessments for Series 2012 New Money Portion Assessments Date Principal Coupon Interest Total P+l 12/31/2013 2393723 3.858% 18,29723 42,23446 12/31/2014 24,86471 3.858% 17,373.76 42,23447 12/31/2015 25,819.81 3.858% 16,41466 42,23447 12/31/2016 26,81591 3.858% 15,418.56 42,23447 12/31/2017 27.850.44 3.858% 14,384.02 42,23446 11312018 28,934.88 3.858% 13,309.58 4223446 12;3172019 30,04077 3858% 12,193.68 42,234.45 11/31/2020 31,199.72 3858% 11,034.74 42_34.46 12131!2021 32,40337 3.858% 9,931.08 4223445 12/31:2022 33,653.46 3.85876 8,581.00 42,23446 12!31/2023 34,95178 3.858% 7,28368 4123446 12/31/2024 36.300.18 3.858% 5,934,28 42,234 46 1/31/2025 3770061 3.858% 43386 42,23447 12/31/2026 39,155.06 3.858% 3,079.40 4223446 12:31:7027 40,665.62 3.858/, 1j69 84 12,234 46 Iola) 5474,27955 5159,237.37 S633,516.92 Dates 191inc Dam Pirst Paemrnl Dole Mo Assessmerns I SINGLL RJRPOse 1 2125r2012 1 93sAM E_ HLERS WI1AM as IN ruin 10IlNAKI 101'?013 1' 31 2013 CITY OF ST. ANTHONY RESOLU'T'ION 12-032 RESOLUTION TO APPROVE A REQUEST TO KEEP NO MORE THAN FIVE FEMALE CHICKENS IN AN R -I ZONING DISTRICT AT 3008 29°i AVENUE NE WHEREAS, Staff received a request for information from The Cutler family, 3008 29°i Avenue NE, about whether or not the City allows chickens in the residential zoning district; and WI IEREAS, The City of St. Anthony Code of Ordinances, Section 91.56,Keeping of Certain Animals, specifies that livestock, including chickens, require approval from the City Council; and WHEREAS, The Cutler family has submitted a written request for approval from the City Council, as outlined in Subsection 91.56, to approve her request to keep chickens; and WHEREAS, The Cutler family described the enclosure that will house the chickens and that it will be kept in the fenced back yard; and WHEREAS, Hennepin County Environmental Health Division has stated that this matter is within the City's jurisdiction and authority; and NOW, TI IERF_FORE, BE IT RESOLVI3D, that the City Council of the City of St. Anthony approves the request to keep no more than five (5) female chickens in an R-1 Zoning District at 3008 29`x' Avenue NE Adopted this 2801 day of February, 2012. ATTEST: Mayor City Clerk Reviewed for administration: _ City Manager 141 142 THIS PAGE LEFT INTENTIONALLY BLANK 143 *1a C,/ RE-QI LEST FOR COLNOIL CONSIDERATION Report Date: February 28, 2012 Agenda Section: V1.E. Meeting Date: February 28, 2012 ITEM DESCRIPTION: Resolution 12-032; Approving a Request to Keep No More than Five Female Chickens in an R-1 Zoning District at 3008 29t1i Avenue NE MANAGER'S REVIEW: Staff received a call from the Applicants asking what they needed to do in order to be able to have chickens in their yard. The Cutler family was provided information as stated in City Ordinance 91.56 and about the approval process with the City Council. The Cutler family submitted the attached letter as a request for keeping chickens for the City Council. /W/ V ark Casey City Manager 144 We are writing to ask for the city of St Anthony's approval to have 5 chickens as pets and as a school/ 4H project. The chickens would be housed in a small walk in coop with run. Our yard is fenced in and the coop will be kept in the northeast corner of the backyard. Thank you for your consideration, The Cutler Family -Jon, Theresa, Abbie and Maddie 3008 29th Ave NE St Anthony, MN 55418 612-354-2183 145 (1-9 ll - l) 70 .y .__ -n 'o O ct- W V c� it .0 0 '4; _ o ,fl t: ❑ Fy rn J n c _ A vi C C v (n 145 f (1-9 ll - l) 70 .y .__ -n 'o O ct- W V c� it .0 0 '4; _ o ,fl t: ❑ rn J A vi C f -n 'o O ct- W V c� it .0 ori '4; _ C} t: rn J A vi C L vJ !, ifs 01 n " W. -h v� 1d.1 "o �4 f -n 'o O ct- W V c� [3 ori '4; _ C} t: rn J A ifs W. f -n 'o O ct- W V c� [3 ori '4; _ C} t: rn O ct- W V c� [3 ori '4; CAt t: 146 Rc-de(inmg Interoenficnal Vdsculdi Solutions C u -L Cc, NE 10Id- 35K1 -,2!F 6111 Campus Onve 651.259.1600 F: 612.677.3355 >t. Paul, MN 55112 £377.2741.0901 wwv, usS60.uom s,l t. nereu l d_narn of c c c a.� c.��� 1c �. Iis. 6)?010 CnRnlovn UJU,e SYMHW: NC, . Csi 450 147 Animals . 91.46 REPORT OF DOG BITE. 23 Any person knowing 04'a human being bitten by a dog shall immediately notify the Police Department and the dog shall then be confined and kept under observation for a period of 10 days before being disposed of, if necessary. (Ord. 08-007, passed 12-8-2008) ANIMALS PROHIBITED AS NUISANCES . 91.55 HABITUAL BARKING. (A) It shall be unlawful for any person to keep or harbor a dog which habinlally barks or cries. Habitual barking shall be defined as barking for repeated intervals ofat least .5 minutes with less than I minutc of interruption. The barking must also be audible off of the owners or caretakers premises. (13) The animal control officer or police officershal1 not enter the property oI'the owner of an animal described in this section unless the officer has first obtained the permission of the owner to do so or has obtained a warrant issued by a Court ofcompetcntjurisdiction, as provided for in. 10.20, to search for and seize the animal. penalty, see. 1099 .91.56 KEEPING OF CERTAIN ANIMALS. No person may keep swinc, cattle, horses, goats, or more than 2 dogs or 3 dogs allowed under" 91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted land, without approval of the City Council The City Council may, before approving or denying any request 1'01 approval, request a report firom the Health Officer concerning the effect on public health. (1993 Code, e 1210.02) Penalty, see. 10.99 .91.57 INTERFERENCE WI'T'H CITY PERSONNEL. No person may in any manner molest, hinder, or interfere with any person employed by the city to capture and impound dogs or other animals while the person is within the course and scope of employment. (1993 Code, . 1210.03) Penalty, see . 1099 2009 S- I I THIS PAGE LEFT INTENTIONALLY BLANK 149 111111111 i �YFS Northwest Youth & Family Services Developing Healthy Lives Report to the City of St Anthony February, 2012 The habits we form in childhood make no small difference, .but rather they make all the difference" Aristotle 150 About NYFS • Three program areas Mental Health Youth Development Day Treatment • Primary Population: 5-21 year olds • 4,000 youth, families, individuals • $4.1 million annual budget www.nyfs.org Preparing youth and families for healthy lives oil 1111111111 What your support buys • Services for residents are assured Benefits Educational attainment Effective workforce Citizenship • Leverage outside resources I 151 1111111111 Highlights • Youth Development Model • RCCMHC Fiscal Agent • Upgrade PR • Balanced Year-end ��IIIf�I�I II 2010-2011 Service Summary Contracted Services # 2010 # 2011 Counseling 7 $6,150 0 0 Diversion 6 $2,670 3 $1,090 Youth Employment 3 $6,750 0 0 Senior Chore�s�,osrvo<<n� 1416 $9,640 all $4,020 T : 4tt VC°oshof,Gotr�cteda36 �z„255210'12���$5;11 w ;2saks x.4_ ufi Cost of Non Contracted 1 $100 $50 1111111111 Highlights • Youth Development Model • RCCMHC Fiscal Agent • Upgrade PR • Balanced Year-end 152 11111111 Challenges Current Economy Prioritize/Reorganize Evolving program models Changing Community Increasing Diversity Aging households Future • New Normal • White Bear Lake Area Counseling Center • Expand funding streams Peter J. King Family Foundation I FUTURE COUNCIL AGENDA ITEMS February 28, 2012 Meeting Meeting Items/Issues Staff present Date Type March 12 SPECIAL Joint Meeting with Parks Commission City Council City Manager 5:30 pm WORKSESSION FOLLOWING Parks Commission Preliminary review of Purchase Agreement/ Development City Council City Manager March 13 Regular Agreement Dominium Fire Chief St. Anthony Fire Department Annual Report Police Chief St. Anthony Police Department Annual Report Stacie Kvilvang City Council March 20 SPECIAL Joint Meeting with Planning Commission City Manager 5:30 prn Planning Commission Planning Commission Items from March 27 2012 Street Project City Council * Accept Offer for Bond City Manager * Approve Sale of Bond Liquor Operations Mgr. March 27 Regular Approval of Purchase Agreement/ Development Agreement lic Works Director Public Dominium Finance Director Liquor Operations Annual Report Stacie Kvilvang Public Works Annual Report Utility Rates Increase April 2 SPECIAL WORKSESSION City Council 5:30 pm City Manager April 10 Regular City Council City Manager April 24 Regular Planning Commission Items from April 17 City Council City Manager Public Ilearing on 2013 Budget Finance Director May 8 Regular City Council City Manager May 15 Regular Planning Commission Items from May 15 City Council City Manager 2011 Audit Presentation City Council June 12 Regular City's Insurance Renewal City Manager Finance Director's Annual Report Finance Director June 26 Regular Planning Commission Items from June 19 City Council City Manager