HomeMy WebLinkAboutCC PACKET 06262012H.R.A. meeting immediately
following City Council meeting
CITY OF ST. ANTHONY
CITY COUNCIL MEETING AGENDA
June 26, 2012
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration Discussion and Possible Action on All of the foRowin itemsc
Approval of the June 26, 2012, City Council Meeting Agenda. (action requested.)
I. Proclamations and Recognitions. (no action requested.)
A. A View from the Big River. John Bilotta is presenting..
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no sebarate dtsetusion of there items unless a Councilmember or d i.Zen so requests, in
which event the item will be removed from the Consent Agenda and placed elsewhere an the agenda.
A. Approval of June 12, 2012, Council Meeting Minutes. (pp. 1-12)
B. Licenses and Permits. (pp. 13-14)
C. Claims. (pp. 15-18)
D. Resolution 12-056; Approval of Election Judges for the Primary Elections on August 14, 2012. (pp. 19-20)
E. Resolution 12-057; Confirming the Extension of Limited Clean Up and Property Damage Protection for Sewer
Back -Ups and Water Main Breaks for Water and Sewer Customers.(pp. 21-22)
F. Resolution 12-058; Regarding Renewal of Municipal Insurance Coverage and the Waiver of Tort Liability for
the League of Minnesota Cities Insurance Program. (pp. 23-24)
G. Resolution 12-059; Approving the 2012-2015 Hennepin County Residential Recycling SCORE Grant
Agreement. (pp. 25-48)
H. Resolution 12-060; Approving the Deferral of the Special Assessments for the 2012 Street Improvement
Project. (pp. 49-50)
I. Resolution 12-061; Approval of a Memorandum of Understanding between the City of St. Anthony and the
City of Birchwood for the Processing of Utility Billing. (pp. 51-60)
J. Resolution 12-062; Approving a $5,000 Increase for Mark Casey, City Manager for Successfully Completing the
Six -Month Evaluation Period. (pp. 61-62)
K. Resolution 12-063; Accepting and Approving the Grant Agreement Between the City of St Anthony Village
and the Minnesota Department of Health for Implementation of the Source Water Protection Plan. (pp. 63-76)
L. Resolution 12-064; Approving a Stewardship Fund Agreement with the Mississippi Watershed Management
Organization (MV,/MO) in the amount of $2,000 for a Pilot Study of Retention Rates of Grassy Areas for the
St. Anthony Public Works Department. (pp. 77-88)
M. Resolution 12-065; Accepting a Donation from Kiwanis Club of St. Anthony to the St. Anthony Police
Department to Offset Community Services Costs. (pp. 89-92)
N. Resolution 12-066; Authorizing the City of St. Anthony Village to Submit a Total Maximum Daily Load
('INDL) Grant Application to the Minnesota Public Facilities Authorities (PFA) and to Authorize City
Officials to Execute Grant Agreement on Behalf of the City of St. Anthony Village for the Silver Lake Village
Phosphorus Removal Treatment System. (pp. 93-96)
III. Public Hearing.
None.
IV. Reports from Commission and Staff. (Don Jensen, Planning Commissioner, is presenting)
A. Resolution 12-067; Approving a Variance to Exceed the Maximum Allowable Amount of Impervious Surface
for the Property Located at 3301 -31St Avenue NE. (pp. 97-104)
OurMission is to be a progressive and livable consmunity, a walkable village, which is sustainable, safe and secure.
V. General Business of Council.
A. 2011 Audit Presentation. Peggy Moeller, Tautges Redpath is presenting, (approval by motion) (pp. 105-112 and
Handouts)
B. Finance Department 2011 Annual Report. Shelly Rueckert, Finance Director is presenting.
C. Resolution 12-068; Authorizing the Remarketing of Variable Rate Demand Multifamily Housing Revenue
Refunding Bonds (The Landings at Silver Lake Village Project), Series 2007 and Authorizing the Execution of
Documents. Stacie Kvilvang, Ehlers & Associates is presenting. (pp. 113-120 and Handouts 1 & 2)
VI. Reports from City Manager and Council members.
VIL Community Forum.
Individuals may address The Crit' Council about any item not inrluded on the regular agenda. Speakers are requested to tome to the podium, sign their name and address on the farm at the
podium, state their name and addressfor the Clerk's record, and limit their remarks to fine minutes General#, the G#y Council will not take ficial action on items discussed at this time, but
may typicq/ly refer the matter to J1gpfOr a freiure report or direct the matter lobe scheduled on an r!pcoming agenda.
VIII. Information and Announcements.
IX. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 12, 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, City Attorney Jay Lindgren, Interim City Planner
Jacqueline Corkle, City Engineer Todd Hubmer, and Liquor Operations Manager
Mike Larson.
Guests: Bethel College Students Alex Arnott and Katie Kleeberg.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
APPROVAL OF JUNE 12, 2012, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of June 12, 2012.
Motion carried unanimously.
I. PROCLAMATIONS AND RECOGNITIONS.
None.
II. CONSENT AGENDA.
A. Consider May 22, 2012, Council Meeting Minutes;
B. Consider licenses and permits; and
C. Consider payment of claims.
Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve the Consent
Agenda items.
III. PUBLIC HEARING.
Motion carried unanimously.
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�ity Council Regular Meeting Minutes
June 12, 2012
Page 2
None.
IV. REPORTS FROM COMMISSION AND STAFF (JACQUELINE CORKLE, INTERIM
CITY PLANNER, PRESENTING).
A. Resolution 12-052; Accepting the Results of the Study regardinw, Regulation of
Assemblies. Meeting Lodges, and Convention Halls.
Interim City Planner Corkle presented the results of the study recently commissioned by the City
Council with respect to regulation of assemblies, meeting lodges, and convention halls and the
proposed recommendation to accept the findings of the study and adopt Option Three. She
provided background information regarding the study and reviewed the six -fold study purpose.
She then reviewed key findings of the study, noting that places of worship do not fit the type of
use allowed in non-residential districts. She stated the City must be cognizant of the Religious
Land Use and Institutionalized Persons Act (RLUIPA) which means a religious assembly or
institution must be treated as well as comparable secular institutions. She discussed the three
options available to the City stating the study recommends adopting Option Three which allows
all assembly use in Commercial (C) districts but eliminates assembly use from the Light
Industrial (LI) district, clarifies the definition of assembly, allows all assemblies to be treated
equally, and preserves the LI district for industry oriented development.
Councilmember Stille stated he was hopeful that people understood why the City Council needed
to take the time to fully examine this issue. He stated the report was very thorough and
thoughtful and he appreciated Interim City Planner Corkle's tutelage. He asked what would
happen if the City Code did not contain any regulation of assembly.
Interim City Planner Corkle advised the City Code currently contains regulation of assembly and
the City Council has to decide how it wants to define assembly in the future, consistent with
RLUIPA and other Federal rules.
Councilmember Roth asked if a vacated retail establishment in a PUD could be turned into a
religious space of any type.
Interim City Planner Corkle explained that generally, a PUD incorporates the types of use in the
PUD if it is an allowed use in that zoning district unless there was some discussion to exclude
certain types of uses within a particular PUD, e.g., religious uses are CUPS and the City may
exclude certain types of uses within an PUD -if the City Council feels the use is inappropriate.
Mayor Faust clarified that one of the goals of the study is to "respect the current applicant's
interests in receiving a reasonable and timely decision regarding the pending application," as
noted on page 3 of the formal study document.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution
12-052; Accepting Findings from a Study for the Purpose of Considering Amendments to the
City Zoning Code Regarding the Regulation of Assemblies, Meeting Lodges, and Convention
Halls and Directing Staff to Pursue Option Three Outlined in Said Study.
City Council Regular Meeting Minutes
June 12, 2012
Page 3
2 Motion carried unanimously.
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4 B. Resolution 12-053• Approving a Conditional Use Permit for Religious Assembly at 3055
5 Old Highway 8.
7 Interim City Planner Corkle presented the proposed Conditional Use Permit for religious
8 assembly at 3055 Old Highway 8, noting the area proposed for religious assembly is confined to
9 the lower part of the south building with a greeting area in a portion of the north building, with
10 the remainder of the building to remain office/tenant space. She indicated the assembly hours
11 include daily prayer from 1:00 p.m. to 2:00 p.m. and evening worship and food sharing during
12 Ramadan. She reviewed the parking requirements for the CUP use and stated parking was
13 calculated using both parcels. She advised the total number of spaces required is 266 and total
14 parking available is 283 according to the applicant. She noted that the applicant has indicated
15 the current parking spaces are larger than required by the City Code and it is possible an
16 additional 20 parking spaces could be provided per the applicant. She added the Planning
17 Commission received the study on June 4, 2012, and recommended approval of the CUP subject
18 to conditions.
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20 Councilmember Roth asked if the City has verified that the parking spaces are to Code or
21 whether the City has measured the parking spaces.
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23 Interim City Planner Corkle replied the applicant has indicated the parking spaces are 20' long
24 and the City Code requires 19' long spaces; if that is the case, there is the potential to add
25 additional parking stalls.
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27 Councilmember Roth stated the CUP application indicates there will be daily prayer but it was
28 his understanding the Islamic faith prays five times per day.
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30 Interim City Planner Corkle stated the CUP application states there will be daily prayer from
31 1:00 p.m. to 2:00 p.m. She deferred to the applicant for further questions regarding daily prayer,
32 evening worship and food sharing during Ramadan.
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34 Councilmember Stille requested confirmation that schools are not included as a permitted use in
35 the LI district. He asked if the applicant has been made aware that schools are not a permitted
36 use.
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38 Interim City Planner Corkle stated that schools are not a permitted use and the applicant has been
39 made aware that schools are not a permitted use.
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41 Mr. Ali Giarushi, 6720 132nd Street N., White Bear Lake, MN 55110, appeared before the City
42 Council on behalf of the Abu-Huraira Islamic Center and stated they pray five times per day but
43 prayer does not have to take place at the Islamic Center. He indicated that daily prayer from
44 1:00 p.m. to 2:00 p.m. at the Islamic Center will only occur on Fridays and stated that Friday is
45 their holy day. FIe added that during Ramadan, they are fasting from sunrise to sundown and at
46 sundown people are allowed to come to the Islamic Center to break fasting and participate in
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City Council Regular Meeting Minutes
June 12, 2012
Page 4
food sharing. He stated during the month of Ramadan, there will be activity from sundown until
11:00 p.m. or 12:00 midnight and at the end of Ramadan, they have the Eid celebration where
people come to pray at 8:00 a.m. with some celebration during that day.
Councilmember Roth asked if there will be daily prayer on other days.
7 Mr. Giarushi stated there will be people at the Islamic Center but there will not be other people
8 driving there and there might not be activity on days other than Friday. He expressed
9 appreciation for everything the City has done and stated that a lot of people were worried about
10 parking issues and tax exemption and he wanted to assure the community that there are 349
11 parking spaces on the entire site and they will own both parcels. He stated the only portion of
12 the building that will be tax exempt will be what the Islamic Center will use and that is what the
13 law allows, and is not even 10-12% of the building. He indicated the location of the building in
14 an industrial park is away from everything and is not in the way of anyone. He stated they
15 welcome comments from the neighbors and indicated this is a house of worship not just for
16 Muslims and is a community project.
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18 Councilmember Gray presented a document about the proposed Islamic Center and recited the
19 wording on the document that says the program of Abu-Huraira Islamic Center has been an
20 initiative to establish a center that provides for the needs of Muslims in Minnesota. Ile stated the
21 area that the CUP will cover is 12,940 square feet and the CUP permit request says the rest of the
22 building will be tenant office space and will remain unchanged. Ile indicated the document also
23 says the Abu-Huraira Islamic Center will include a mosque, library, school for all ages,
24 conference halls, gymnasium for all ages, offices for solving community needs and many other
25 programs to fulfill the needs of the Muslim community. He asked if all this will be done within
26 the 12,940 square feet proposed in the application.
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28 Mr. Giarushi stated that the document referenced by Councilmember Gray is not correct. He
29 indicated when the City told them a school was not allowed and that they would have to apply
30 for a zoning change, they took out the school.
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32 Councilmember Gray expressed concern that it appears there may be a request later on to expand
33 and change the zoning of this site.
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35 Mr. Giarushi stated at this time they are not asking for a zoning change or for a school. He stated
36 if a school was allowed and the City allowed the zoning, they may or may not have a school. He
37 added they do not know what the future is and they will not use the Islamic Center for other
38 purposes without the City's permission.
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40 Mr. John Murlowski, 2405 39°i Avenue, appeared before the City Council and questioned
41 whether a church and an assembly was the same thing. He felt this was the Christian equivalent
42 of a church and he had a problem with that. He stated he does not want to see a mosque in the
43 City.
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45 Mr. Rob Lundeen, 3912 Fordham, appeared before the City Council and urged the City Council
46 not to allow this in the LI area. He felt the Islamic Center would not be beneficial to the City and
City Council Regular Meeting Minutes
June 12, 2012
Page 5
that the proposed use would be detrimental to the vicinity and values in the area. He felt the
Islamic Center did not represent a cultural community center and the City already has a
community center.
5 Mr. Sadik Warfa, 620 East Franklin Avenue, Minneapolis, appeared before the City Council and
6 asked the City Council to approve the CUP for the proposed Islamic Center. He stated everyone
7 in this country enjoys religious liberty and this is one of the cornerstones of the country. IIe
8 stated when they came here 20 years ago people welcomed them and the Islamic Center will
9 serve the needs of the community. He asked the City Council not to follow emotions and to look
10 at the law and what is good for St. Anthony.
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12 Mr. Ron Hansen, 3220 Belden Drive, appeared before the City Council and recited a quote from
13 Mayor Faust in the May 3`d Bulletin indicating the issue of whether this building is on the tax
14 rolls is not part of the issue before the City Council. He stated his property taxes increased
15 13.3% at a time when most cities in the metro are holding their budgets to 1-2%. He indicated
16 taxes on this property were $84,000 per year and the City receives approximately $56,000. He
17 did not feel anyone would pay $1.9 million for a building to hold 1-2 hours of prayer per week.
18 Ile indicated there are very few industrial properties in the City and the City can ill afford to lose
19 them. Ile urged the City Council to vote no and added this has nothing to do with religion or
20 emotions.
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22 Mayor Faust stated that taxes are not a legal issue upon which the City Council can base its
23 decision and represents a false argument upon which to deny a CUP.
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25 Ms. Anne Collopy, 3155 Old I lighway 8, appeared before the City Council and expressed
26 concern that she and several of her neighbors were not aware of this pending CUP request and
27 they would have liked to have had a chance to speak with the City Council. She asked if the City
28 communicates with the City of Roseville because this affects traffic in Roseville. She asked if
29 the issue could be tabled to allow her and her neighbors an opportunity to talk with the City
30 Council further.
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32 Mayor Faust stated this item cannot be tabled and if no formal action is taken this evening, the
33 CUP goes into effect. He asked if all property owners within 300' were notified of the CUP
34 request.
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36 City Manager Casey replied the City notified all property owners within 300' of the CUP
37 request.
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39 Mr. Michael Bird, 3416 Edward Street NE, appeared before the City Council and stated his
40 objection to the proposed use and agreed with the comments made by Mr. Hansen. He stated if
41 the building is entirely tax exempt, the City will have to cut expenses or pass off additional costs
42 to the taxpayers. He stated that many students attending St. Anthony schools currently live
43 elsewhere and the City's residents are subsidizing those students coming in from outside the
44 area. He also wondered whether people might live in the building.
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6City Council Regular Meeting Minutes
June 12, 2012
Page 6
1 Mayor Faust stated that approximately 10% of the building would be tax exempt and if the entire
2 building were to be tax exempt, it would require another CIDP acted on by the City Council,
3 including a public hearing. He indicated that no one can live in this building and the City has
4 strict ordinances regarding where people can live.
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6 Mr. George Kaczor, 3404 32nd Avenue NE, appeared before the City Council and asked if this
7 matter could be voted on as a referendum. He asked if the City can require a written guarantee
8 from Abu-Huraira Islamic Center that the building will continue on the tax rolls for the next 50
9 years. He requested information about the congregants and where they are coming from.
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11 Mayor Faust stated a referendum is not reasonable and the City Council must vote on this matter
12 tonight. He opined that requiring a written guarantee from Abu-Huraira Islamic Center that the
13 building will continue on the tax rolls and then giving them a CUP was akin to bribery. He
14 stated the City does not check where congregants come from for the rest of the churches in the
15 City and all other churches have congregants that live in other cities.
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17 Ms. Marie Michaeloff, 3604 Downers Drive NE, appeared before the City Council and stated she
18 had a problem with the CUP. She questioned whether the Abu-I-luraira Islamic Center has
19 bought more land for expansion in this area. She indicated she was appalled to find out what
20 they can do with this type of CIDP and questioned the need for this when they are only talking
21 about a prayer meeting once a week.
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23 Mayor Faust noted there was not a large crowd on October 25, 2011, when the City Council
24 denied a CUP request in the LI district for a Christian church.
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26 Mr. Abdisalam Adam, 5708 Jefferson Street NE. Fridley, MN 55432, appeared before the City
27 Council and stated there is no difference between democratic values and Islamic values and felt
28 that fears will be overcome if everyone comes together. I -le stated the Muslim community is not
29 new to the Twin Cities and stated this building fits their needs and they want what is best for
30 their children. He felt it was a question of fairness and the First Amendment allows freedom of
31 religion. He hoped the City Council would move forward to approve the Islamic Center CUP.
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33 Mr. Ted Holsten, 3213 Townview Avenue NE, appeared before the City Council and stated a
34 few years ago, he approached the City about a small church and was denied. He felt this use
35 would erode the City's industrial area by doing away with the tax base in favor of a tax exempt
36 use which affects everyone in the City. He stated that only 10-12% of the building would be tax
37 exempt, however, once that happens, a precedent has been set and the City would be hard
38 pressed to deny it next time.
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40 Ms. Margoe Hermes, 2935 Old Highway 8, appeared before the City Council and expressed
41 concern about the CUP. She also expressed concern that there will be upwards of 200 cars
42 possibly twice a day in a residential area and asked if the City has done a traffic study to study
43 the impact of this traffic in a residential area.
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City Council Regular Meeting Minutes
June 12, 2012
Page 7
Mr. Chris Kachman, 3043 Croft Drive, appeared before the City Council and expressed concern
that the City is making an exception to the zoning laws that changes the use of the building and
the impact on the residential area.
Mr. Abdi Muse, 2711 Grand Avenue South, Minneapolis, appeared before the City Council and
stated the City Council has the ability to make the City a welcoming place for everybody. He
asked the City Council to approve the request.
9 Mr. Thomas Shayn, 3209 Edward Street, appeared before the City Council and stated this
10 building will encounter significant ADA compliance issues. I -Ie stated the City will have to
11 enforce tighter use around food and the building will need a commercial kitchen. He indicated
12 this building was built as an office building and it will cost money to bring it up to Code and
13 meet ADA requirements and it may cost more than the building is worth. He felt this was not an
14 appropriate use and was hopeful the City would determine this is not an appropriate use within
15 current codes. He added this is not prejudice and he wants everyone to be treated equally, but
16 felt this building was not designed for the proposed use and should remain light commercial.
17
18 Mr. John Kaczor, 3404 32°`1 Avenue NE, appeared before the City Council and expressed
19 concern about the traffic and noise. He stated he was also concerned about safety and possible
20 violence against the Islamic Center.
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22 Ms. Aysha Nazwaz, 1946 3`d Street NW, New Brighton, MN 55112, appeared before the City
23 Council and stated the more we know about people the more we tend to break down barriers.
24 She stated that stereotyped images can create a lot of tension and there is no way to have a multi -
25 cultural place live in peace unless you break down the barriers by giving people a chance to
26 speak and get to know one another.
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28 City Attorney Lindgren stated that Minnesota Statutes Section 15.99 requires the City Council to
29 take action this evening on the CUP application to either approve or deny the request. He
30 advised the City Council has the Planning Commission's recommendation and a resolution with
31 the Planning Commission's conditions and the City Council can accept or modify any of those
32 conditions. He stated the City Council can also consider denial of the CUP request based on the
33 record and if there is a motion for denial, the City Council would advise staff to prepare findings
34 for consideration consistent with the record and brought back at a subsequent meeting, however,
35 given the deadline, the City Council must consider those findings tonight. He presented draft
36 findings for the City Council that could lead the City Council to conclude to deny the CUP. Iie
37 then provided a written narrative of the record in this matter and this narrative is part of the
38 official record. He advised that consistent with the study findings and recommendation to
39 approve Option Three, the City Council asked staff to prepare a text amendment to eliminate all
40 assembly use from the Light Industrial district. He stated the City Council can also approve the
41 recommendation of the Planning Commission to approve the CUP request with detailed
42 conditions and any additional or amended findings remain the right and prerogative of the City
43 Council.
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45 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 12-
46 054, Denying a Conditional Use Permit for Religious Assembly at 3055 Old Highway 8.
City Council Regular Meeting Minutes
June 12, 2012
Page 8
2 Councilmember Stille stated he was sorry to hear some of the comments made by residents
3 during the public comment section and those comments have nothing to do with his decision. Ile
4 stated this is strictly a land use issue and nothing more and the question before the City Council
5 has to do with the City's intention regarding LI areas. He indicated it is clear the intent of the
6 City was not to have religious uses in the LI district. He stated the City completed
7 Comprehensive Plans in 1979, 1993, 1998, and again in 2008 and the previous plans do not
8 incorporate religious space within industrial areas; furthermore, on October 25, 2011, after
9 approval by the Planning Commission, the City Council denied a CUP request for a Christian
10 church in the same zoning district. He stated a church is not a compatible use in the LI district
11 just as the City does not allow single family homes in commercial neighborhoods and it is all
12 about integrity, continuity, good land use, and uses that are cohesive and compatible. He stated a
13 church is an incompatible use in this zoning district and does not foster economic growth. He
14 indicated he was troubled by statements made by the applicant's attorney that the City should not
15 be worried, that this was not a mosque, that they would not use it as a mosque, that there would
16 not be a school, but as Councilmember Gray stated earlier, when you see things printed that say
17 this property is going to be a mosque and a school for all ages, you wonder about the nature of
18 the application. He stated he understood the Abu-Iluraira Islamic Center wants this and it pains
19 him to vote against someone who is passionate about their cause, but this is a land use issue and
20 nothing more.
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22 Councilmember Gray agreed with Councilmember Stille and stated there were a lot of things
23 said by the applicant's attorney that were offensive including charging the City Council with
24 discrimination, as well as the letter from the ACLU threatening to sue. He stated this had
25 nothing to do with keeping any group out of St. Anthony and this is a land use issue and nothing
26 more. He indicated that the City's intent for assembly in the LI district has been assembly that is
27 business or industrial related and the City Code is clear that religious institutions belong in the
28 Rl district.
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30 Councilmember Roth stated he would not support the motion to deny the CUP request. He
31 indicated that Muslims pray five times per day and as explained to him, the morning and
32 afternoon prayers are about three minutes. I -Ie stated that Friday is their Sunday for worship and
33 the traffic patterns Monday through Friday would seem to fit perfectly in this area. He indicated
34 that taxes were brought up and his 2012 property taxes are $3,443.48, with $1,207.47 of that
35 amount going to the City. He stated the City tax levy is approximately $5 million and if 12,000
36 square feet of this building is tax exempt, it will raise his portion of City taxes $1.05. He stated
37 he agreed that the LI district does not state church, mosque, or religious assembly but when the
38 applicants made their request, assembly was not defined and he felt that denying the CUP will
39 potentially open up the City to a lawsuit by the ACLU or others because of RLUIPA and in the
40 end, will cost taxpayers more. He added he was embarrassed and stunned by some of the citizen
41 comments and would not support the denial of the CUP.
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43 Councilmember Jenson stated he would support a denial of the CUP request. He stated after
44 studying this issue for three months and reviewing the intended use for LI, he felt the LI district
45 is intended for business oriented entities.
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City Council Regular Meeting Minutes
June 12, 2012
Page 9
Mayor Faust stated the issue has always been a land use issue and he was disappointed in the
path taken by the community in turning religion against religion and people against people. He
reiterated this is a land use issue and the City Council has to look at the long term effects on the
community. He noted that the City Council denied a CUP for a place of worship on October 25,
2011, in the LI district a couple blocks away from this building. He stated this is not a
compatible use with the other buildings and he sees this as spot zoning inside a building that
goes against every tenet of good planning. He stated he will not support the CUP request and
will support denial of the CUP because of the land use issue.
Motion carried 4-1 (Roth opposed).
Mayor Faust recessed the City Council meeting at 8:48 p.m.
Mayor Faust reconvened the City Council meeting at 8:51 p.m.
V. GENERAL BUSINESS OF COUNCIL.
A. Resolution 12-054• Relating to a Senior Rental Housing Development Agreement by and
among, he City of Saint Anthony, Minnesota, the Housing and Redevelopment Authority
of the City of Saint Anthony, Minnesota and St. Anthony Leased Housing Associates I1,
Limited Partnership (The "Developer"). Jay Lindgren, Dorsey & Whitney, presenting.
City Attorney Lindgren presented the Development Agreement for the Dominium Senior
I ousing Project and noted the terms of the Development Agreement are consistent with what
was presented by Ms. Kvilvang in May. He explained the Development Agreement calls for the
acquisition of one parcel from the HRA and one parcel from Pratt for a total purchase price of
$1,216,000 or $8,000 per unit with the City's share of the land sale proceeds of $643,021. He
noted there is a purchase price adjustment if estimated construction costs are less than what is
estimated and payment can increase up to $10,000 per unit with the City receiving a prorated
share. He stated Dominium agrees to execute a Minimum Assessment Agreement of $85,000
per unit for the duration of the tax increment district ending in 2029. He indicated the developer
would commence construction no later than September 30, 2013, with the goal to start March 1,
2013, and completion by October 31, 2014. He advised the City will issue a pay as you go TIP
Note for $1,023,000 upon execution of the Minimum Assessment Agreement. Ile stated the
Development Agreement includes a look back provision that within 60 days of stabilization or
90% occupancy, if the Internal Rate of Return is greater than 20% to the developer, 50% of that
amount would go toward reducing the principal amount of the TIP Note. He indicated
Dominium will also reimburse the City and HRA for all costs related to negotiating the
Development Agreement and Dominium also agrees to pay regular and customary park
dedication fees totaling $228,000.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
12-054; Relating to a Senior Rental housing Development Agreement by and among the City of
Saint Anthony, Minnesota, the Housing and Redevelopment Authority of the City of Saint
Anthony, Minnesota and St. Anthony Leased Housing Associates II, Limited Partnership (The
"Developer").
Hy Council Regular Meeting Minutes
June 12, 2012
Page 10
2 Motion carried unanimously.
3
4
5 B. St. Anthony Wine & Spirits Presentation. Alex Arnott and Katie Kleeberg presenting.
7 Liquor Operations Manager Larson introduced Bethel College students Katie Kleeberg and Alex
8 Arnott who did an internship for liquor operations on social media.
9
10 Mr. Arnott provided background information regarding their project for St. Anthony Village
11 Wine & Spirits and reviewed the municipal liquor store's current marketing efforts and ways to
12 create more revenue for the City from its liquor operations.
13
14 Ms. Kleeberg discussed the liquor operation's competitors and market research and stated they
15 used the website PRILM as a platform for this project. She reviewed current customers and
16 demographics which show the 21-31 age group with the highest use and this age group
17 represents savvy social media users.
18
19 Mr. Kleeberg stated that social media provides great ways to target the liquor operations'
20 audience and reviewed the marketing plan developed with a primary objective to increase
21 awareness by utilizing social media and digital marketing efforts. She indicated that social
22 media is a free source of marketing and would promote the City's liquor operations on various
23 media including Twitter, Facebook, and Foursquare. She described how the various social media
24 can be used and stated that they claimed the liquor operations' Facebook account and updated
25 the page with pictures, information, and statuses. She also presented a picture of the liquor
26 operations new website and noted there has been an increase in people visiting the site.
27
28 Mayor Faust expressed the City Council's thanks to Mr. Arnott and Ms. Kleeberg for their work
29 on this project.
30
31 C. Resolution 12-055. Ordering Preparation of Feasibilityport for the 2013 Street and
32 Utility Improvements. Todd Hubmer, WSB & Associates, presenting.
33
34 City Engineer Hubmer presented the proposed 2013 street and utility improvement project and
35 discussed the City's method for selection of street and utility projects. Ile stated the 2013 street
36 and utility improvement project is located on Edward Street from 35°i Avenue to 36°' Avenue as
37 well as 36°i Avenue from Roosevelt Street to Silver Lake Road. He then reviewed the project
38 schedule and noted the first public information meeting will be held in July.
39
40 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 12-
41 055; Ordering Preparation of Feasibility Report for the 2013 Street and Utility Improvements.
42
43 Motion carried unanimously.
44
45 D. Ordinance 2012-05 • An Ordinance Amending St. AnthonCity Code Section 30.17;
46 Absentee Ballot Board. Mark Casey, City Manageypresenting.
City Council Regular Meeting Minutes
June 12, 2012
Page 11
1
2 City Manager Casey explained that these are housekeeping amendments to bring the Ordinance
3 into compliance with current state statutes. Ile added that staff recommends waiving the first
4 and second readings and adopting the ordinance amendment for the upcoming absentee voting
5 season.
6
7 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Ordinance
8 2012-05; An Ordinance Amending St. Anthony City Code Section 30.17; Absentee Ballot
9 Board, and to waive the first and second readings.
10
I 1 Motion carried unanimously.
12
13 VI. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
14
15 City Manager Casey — No report.
16
17 Councihnember Gray—No report.
18
19 Councilmember Jenson — No report.
20
21 Councilmember Roth -- No report.
22
23 Councilmember Stille—No report.
24
25 Mayor Faust — No report.
26
27 VII. COMMUNITY FORUM.
28
29 Mayor Faust invited residents to come forward at this time and address the Council on items that
30 are not on the regular agenda.
31
32 Hearing none, Mayor Faust moved forward with the agenda.
33
34 VIII. INFORMATION AND ANNOUNCEMENTS.
35
36 Councilmember Gray congratulated the St. Anthony High School girls' softball team for taking
37 second place in the State tournament.
38
39 IX. ADJOUI2NMENT.
40
41 Mayor Faust adjourned the meeting at 9:30 p.m.
42
43 Respectfully submitted,
44 Barbara Hughes
45 TimeSaver Off Site Secretarial, Inc.
46
11
1C2ity Council Regular Meeting Minutes
June 12, 2012
Page 12
2
3 ATTEST:
4
City Clerk
Mayor
Saint Anthony Village
DATE:
June 26, 2012 Approved:
TO:
Mayor and Councilmembers
FROM:
License Clerk
ITEM:
License and Permits for Approval:
Airtech Thermex, St Louis Park, MN
GTS HVAC, Brooklyn Center, MN
Stafford Home Service, Minneapolis, MN
Scott Becker
2418 39°i Ave
2420 39°i Ave
Grant Olson
3524 Belden Dr
Applicant: David Eichinger
Location: 3640 — 3644 Edward St
Applicant: Jessica Medearis
Location: 4008 Foss Rd #202
Applicant: Gary Peterson
Location: 2601 Kenzie Ter #204
Midwest Management
3640 — 3642 Roosevelt St
Applicant: The Cellar Gym & Knockout Bodies
Location: 2828 Anthony Ln
13
14
THIS PAGE LEFT INTENTIONALLY BLANK
US BANK
CITY OF ST. ANTHONY
CHECK REGISTER
CHECK#
DATE
AMOUNT
VENDOR
PAYEE
17895
6/4/2012
$1,400.00
5122
DRUSCH/DONALD
17897
6/27/2012
$346.93
20
AA BATTERY CO
17898
6/27/2012
$285.78
9584
ABLE HOSE & RUBBER, INC.
17899
6/27/2012
$376.00
8474
ALCOPRO
17900
6/27/2012
$449.00
8621
ALLIANCE MECHANICAL
17901
6/27/2012
$192.54
9250
AMERICAN MESSAGING
17902
6/27/2012
$300.00
9575
ANDERL/BILL
17903
6/27/2012
$124.00
8450
ANIMAL CONTROL SERVICES,
17904
6/27/2012
$240.87
9943
ARAMARK
17905
6/27/2012
$109.77
4687
ASPEN WASTE SYSTEMS INC
17906
6/27/2012
$70,668.28
9698
ASTLEFORD INTERNATIONAL
17907
6/27/2012
$21.37
320
BEISSWENGER'S
17908
6/27/2012
$15,173.21
4293
BELLBOY CORP.
17909
6/27/2012
$363.10
9778
BERNICK'S
17910
6/27/2012
$192.00
8555
BIFFS, INC.
17911
6/27/2012
$107.92
9060
BLAINE LOCK & SAFE INC.
17912
6/27/2012
$769.50
4662
BOURGET IMPORTS
17913
6/27/2012
$205.00
9922
BUREAU OF CRIM APPREHENS
17914
6/27/2012
$29,218.05
4231
CAPITOL BEVERAGE SALES
17915
6/27/2012
$130.00
9100
CAT & FIDDLE BEVERAGE
17916
6/27/2012
$6.42
610
CATCO
17917
6/27/2012
$1,955.30
2380
CENTERPOINT ENERGY
17918
6/27/2012
$692.45
9907
CENTURYLINK
17919
6/27/2012
$2,894.52
4080
CHISAGO LAKES DISTRIBUTI
17920
6/27/2012
$5,494.56
9056
CITY OF ROSEVILLE
17921
6/27/2012
$1,112.25
8275
CITY OF ST, PAUL
17922
6/27/2012
$53.43
9981
CITY WIDE LOCK & SAFE, 1
17923
6/27/2012
$101.53
8814
CITY WIDE WINDOW SERVICE
17924
6/27/2012
$207.50
4805
CLEAR RIVER BEVERAGE COM
17925
6/27/2012
$857.28
4095
COCA COLA BOTTLING COMPA
17926
6/27/2012
$769.57
9820
CRYSTAL SPRINGS ICE
17927
6/27/2012
$21.25
8557
DAILEY DATA & ASSOCIATES
17928
6/27/2012
$464.27
807
DIAMOND VOGEL PAINTS
17929
6/27/2012
$701.00
4110
DICKSON ELECTRIC
17930
6/27/2012
$71.15
4135
ELECTRO WATCHMAN INC
17931
6/27/2012
$7,484.72
9604
EMERGENCY VEHICLE SERVIC
17932
6/27/2012
$318.49
9725
EULL'S MANUFACTURING CO.
17933
6/27/2012
$263.90
9798
FERGUSON WATERWORKS
17934
6/27/2012
$43.00
8440
FISHER/MERLE
17935
6/27/2012
$295.20
9261
FORESTEDGE WINERY
17936
6/27/2012
$64.13
9236
FSH COMMUNICATIONS
17937
6/27/2012
$922.08
1030
G & K SERVICES INC
17938
6/27/2012
$123.63
1110
GENERAL INDUSTRIAL SUPPL
17939
6/27/2012
$77.95
8120
GENERAL OFFICE PRODUCTS
17940
6/27/2012
$293.10
9854
GOPHER STATE ONE CALL
15
USBANK
CITY OF ST. ANTHONY
11 b
CHECK REGISTER
CHECK #
DATE
AMOUNT
VENDOR
PAYEE
17941
6/27/2012
$35.92
1250
GRAINGER
17942
6/27/2012
$1,410.75
4172
GRAPE BEGINNINGS, INC.
17943
6/27/2012
$5,561.16
1420
HAWKINS, INC
17944
6/27/2012
$2,376.61
8944
HENN CNTY INFO TECH DEPT
17945
6/27/2012
$560.00
7104
HENNEPIN COUNTY MEDICAL
17946
6/27/2012
$970.61
9932
HENNEPIN COUNTY TREASURE
17947
6/27/2012
$4,264.36
9160
HEWLETT PACKARD COMPANY
17948
6/27/2012
$8,149.60
4207
HOHENSTEIN'S, INC
17949
6/27/2012
$164.63
8252
HOME DEPOT CREDIT SERVIC
17950
6/27/2012
$85.50
8658
INSTRUMENTAL RESEARCH, 1
17951
6/27/2012
$63.45
9857
JERSEY MIKE'S SUBS
17952
6/27/2012
$38,875.67
4125
A TAYLOR DISTRIBUTING
17953
6/27/2012
$18,578.08
4220
JOHNSON BROTHERS LIQUOR
17954
6/27/2012
$491,741.00
9971
KUECHLE UNDERGROUND
17955
6/27/2012
$1,491.39
9982
LAERDAL MEDICAL CORPORAT
17956
6/27/2012
$115.53
8434
LEAGUE OF MINNESOTA CITI
17957
6/27/2012
$160.31
9956
LIBSON TWIN CITY
17958
6/27/2012
$414.00
9729
LIFT BRIDGE BEER CO.
17959
6/27/2012
$49.50
2040
LILLIE SUBURBAN NEWSPAPE
17960
6/27/2012
$46.92
2100
MACQUEEN EQUIPMENT CO
17961
6/27/2012
$142.22
9823
MAILFINANCE
17962
6/27/2012
$20.00
2130
MAMA
17963
6/27/2012
$180.00
9541
MASS BAR -MATE CORP.
17964
6/27/2012
$166.21
2230
MENARDS LUMBER
17965
6/27/2012
$125.40
8467
MIDWAY FORD
17966
6/27/2012
$228.59
2280
MIDWEST ASPHALT CORP
17967
6/27/2012
$83.29
9195
MISTER CAR WASH
17968
6/27/2012
$3,683.00
9331
MN DEPT OF HEALTH
17969
6/27/2012
$582.47
2395
MTI DISTRIBUTING, INC
17970
6/27/2012
$9.28
5232
MURPHY'S SERVICE CENTER
17971
6/27/2012
$731.00
9931
NORTHLAND PETROLEUM SERV
17972
6/27/2012
$50.00
8767
NSRMAA
17973
6/27/2012
$312.13
45
OFFICE DEPOT
17974
6/27/2012
$285.00
8528
PACE ANALYTICAL SERVICES
17975
6/27/2012
$3,127.59
4354
PAUSTIS & SONS
17976
6/27/2012
$10,346.41
4360
PHILLIPS WINE & SPIRITS
17977
6/27/2012
$81.00
9980
POSTMASTER (ELECTIO
17978
6/27/2012
$28.86
9384
RAMY TURF PRODUCTS
17979
6/27/2012
$15.00
9119
RECHECK
17980
6/27/2012
$119.70
9804
RECREATION, SPORTS & PLA
17981
6/27/2012
$111.77
9230
ROYAL TIRE INC
17982
6/27/2012
$23.00
9405
SETS DESIGN, INC.
17983
6/27/2012
$311.40
8199
SIGNATURE CONCEPTS, INC.
17984
6/27/2012
$100.00
8983
SOULO DESIGN, INC
17985
6/27/2012
$10,452.94
9843
SOUTHERN WINE & SPIRITS
17986
6/27/2012
$982.00
4780
SURLY BREWING CO
US BANK
CITY OF ST. ANTHONY
CHECK REGISTER
CHECK #
DATE
AMOUNT
VENDOR PAYEE
17987
6/27/2012
$283.75
7337 TIMESAVER OFF SITE SECRE
17988
6/27/2012
$76.95
9934 TOUCHLESS TUNNEL WASH
17989
6/27/2012
$35.21
3630 TWIN CITY SAW CO.
17990
6/27/2012
$1,285.15
9590 U.S. BANK (PURCHASING
17991
6/27/2012
$91.72
9891 UNITED HEALTHCARE INSURA
17992
6/27/2012
$69.76
8561 UNITED RENTALS NORTHWEST
17993
6/27/2012
$82.79
8227 VERIZON WIRELESS
17994
6/27/2012
$337.00
4451 VINOCOPIA
17995
6/27/2012
$19.77
9702 W.D. LARSON COMPANIES LT
17996
6/27/2012
$285.34
4788 WELLINGTON SECURITY SYST
17997
6/27/2012
$800.00
8887 WELLS FARGO BANK MACN93
17998
6/27/2012
$1,036.10
8316 WINE COMPANY/THE
17999
6/27/2012
$1,186.86
8310 WINE MERCHANTS INC
18000
6/27/2012
$8,485.65
4175 WIRTZ BEVERAGE - (GRIGGS
18001
6/27/2012
$19,597.10
9734 WIRTZ BEVERAGE MINNESOTA
18002
6/27/2012
$68.17
4505 WORLDWIDE CELLARS
18003
6/27/2012
$50,629.50
8273 WSB & ASSOCIATES, INC.
18004
6/27/2012
$10,757.55
2680 XCEL ENERGY
18005
6/27/2012
$16,454.90
7325 YOCUM OIL COMPANY, INC.
18008
6/27/2012
$24,628.00
8254 LMCIT % BERKLEY ADMINIST
TOTAL $889,586.52
17
R:
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19
CITY OF ST. ANTHONY
RESOLUTION 12-056
A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2012 PRIMARY ELECTION
WHEREAS, Minnesota §204B.21, subd. 2 states appointing authority, powers and duties, indicates that
election judges in a municipality shall appoint election judges; and
WHEREAS, the following individuals have submitted applications to the City Clerk to be Election Judges
for the August 14, 2012, Primary Election:
Patricia Andrews
Marla Birmingham
Elaine Briscoe
Susan Bodurtha
Bonnie Brozak
Edward Brozak
Theresa Cutler
Helen DeAngelo
Myrna Doran
Alvina Engelmeier
George Farr
Jeanette Fleming
Mary Ellen Gabel
Patricia Howell
Bonnie Johnson
Stanley Kasal
Nancy Klucas
Donna Kriptos
Carol Larson
Maria Littlejohn
Judith Lucking
Judith Makowske
Candice Malone
Doris Mancino
Beth McMahon
Glenn Monson
Nancy Nielsen
James Paul
Constance Plaster
Dorothy Roman
Patricia Rose
Nancy Soldatow
Gail Studer
Karen Theiler
Lisa Ward
The members of city staff that will be assisting with absentee voting are Paige Carter, Phuongmai Dang,
Robin Hartfiel, and Sandy Simon. The absentee ballot board will consist of a group of above listed election
judges and city staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby appoints
Election Judges for the 2012 Primary Election.
Adopted this 2611, day of une 2012.
ATTEST:
City Clerk
Reviewed for Administration:
Mayor
City Manager
MCI
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21
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-057
A RESOLUTION CONFIRMING THE EXTENSION OF LIMITED CLEAN UP AND
PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN
BREAKS FOR WATER AND SEWER CUSTOMERS
WHEREAS, the City of St. Anthony provides water and sanitary sewer services to properties within the
City of St. Anthony; and
WHEREAS, water main breaks may cause water to enter into property causing damage; and
WHEREAS, blockages or other conditions in the City of St. Anthony's sanitary sewer lines may cause the
back-up of sewage into properties that are connected to those City of St. Anthony sanitary
lines; and
WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and
sanitary sewer back-ups; and
WHEREAS, the City of St. Anthony desires to minimize the potential of expensive lawsuits arising out of
water main breaks and sanitary sewer back-up claims; and
WHEREAS, the City of St. Anthony is a member of the League of Minnesota Cities Insurance Trust
(I.,MCIT); and
WHEREAS, in 2011, the LMCIT offered and the City of St. Anthony participated in limited "no fault"
sewer coverage and water main break coverage that will reimburse users of the water and
sewer system for certain clean-up costs and property damage regardless of whether the City of
St. Anthony is at fault; and
WHEREAS, the City of St. Anthony desires to extend the "no fault sewer coverage and water main break
coverage for the 2012-2013 insurance period.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of St. Anthony, as part of the
contract for providing water and sewer services to the customers of the City of St. Anthony,
and in consideration of the payment of water and sewer bills, agrees to reimburse water and
sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused by
a water main break or sanitary sewer back-up, regardless of whether the City of St. Anthony
is negligent or otherwise legally liable for damages, subject to the following conditions:
I. Sanitary Sewer Back -Ups. For sanitary sewer back-ups:
22
A. The back-up must have resulted from a condition in the City of St. Anthony's sanitary sewer
system or lines and not from a condition in a private line.
B. The back-up must not have been caused by catastrophic weather or other events for which
Federal Emergency Management Assistance is available.
C. The back-up must not have been caused by an interruption in electric power to the City of St.
Anthony's sewer system or to any City of St. Anthony's lift station, which continues for more
than 72 hours.
D. The back-up must not have been caused by rainfall or precipitation that would constitute a
100 -year storm as determined by the National Weather Service.
E. Neither the City of St. Anthony nor LMCIT will reimburse any costs which have been or are
eligible to be covered under a property owner's own homeowners' or other property
insurance, or which would be eligible to be reimbursed under a National Flood Insurance
Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage.
F. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 per
building, per year. In this regard, a structure or group of structures served by a single
connection to the City of St. Anthony's sewer system is considered a single building.
II. Water Main Breaks. For water main breaks:
A. LMCIT will pay for claims presented by the City of St. Anthony for water main break damage
to property of others which was not caused by the City of St. Anthony's negligence.
B. Neither the City of St. Anthony nor LMCIT will pay for damages or expenses for which the
property owner has been or is eligible to be reimbursed by any homeowners' or other property
insurance.
C. The maximum amount that the City of St. Anthony or LMCIT will reimburse is $25,000 to
any claimant, regardless of the number of occurrences or the number of properties affected.
D. Neither the City of St. Anthony nor LMCIT will pay more than $250,000 for water main
break damages resulting form any single occurrence. All water main break damage which
occurs during any period of 72 consecutive hours is deemed to result from a single
occurrence. If the total water main break damage for all claimants in a single occurrence
exceeds $250,000, the reimbursement to each claimant will be calculated as follows:
1. A preliminary reimbursement figure is established for each claimant, equal to the lesser
of the claimant's actual damages or $25,000
2. The sum of the preliminary reimbursement figures for all claimants will be calculated.
3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure,
equal to the percentage calculated by dividing $250,000 by the sum of all claimants'
preliminary reimbursement figures.
Adopted this 26°i day of June, 2012
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-058
A RESOLUTION REGARDING RENEWAI, OF MUNICIPAL INSURANCE COVERAGE
AND THE WAIVER OF TORT LIABILITY LIMITS FOR THE LEAGUE OF MINNESOTA
CITIES INSURANCE PROGRAM.
WHEREAS, the City Council of the City of St. Anthony hereby approves participation in the
League of Minnesota Cities Insurance Trust (LMCIT) insurance program for the
year 2012 through 2013; and
WHEREAS, the City has elected to purchase liability coverage in the amount of $1,500,000.00
per occurrence, as set forth in the MN Statutes 466.04, Subd. 7.
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the
renewal of insurance coverage through the League of Minnesota Cities for the policy period of
June 1, 2012 to May 31, 2013.
THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony
hereby approves waiving of the monetary limits on tort liability established by MN statute
466.04, Subd. 7, to the extent of the limits of the liability coverage obtained from the LMCIT for
the policy period of June 1, 2012 to May 31, 2013.
Adopted this 26th day of June, 2012.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
23
24
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25
MEMORANDUM
DATE: June 26, 2012
TO: Mark Casey, City Manager
FROM: Barb Suciu, City Clerk
ITEM: 2012-2015 Hennepin County Residential Recycling SCORE Grant
Agreement
Attached is the Hennepin County Residential Recycling SCORE Grant
Agreement for the period of January 1, 2012 through December 31, 2015.
Also, attached is the Hennepin County Residential Recycling Funding Policy that
was approved by the Hennepin County Board on November 29, 2011. The
"Funding Policy" summarizes the guidelines established by Hennepin County
that the City of St. Anthony will adhere too.
With the approval of this agreement and participating in Hennepin Counties
Residential Recycling program, St. Anthony can continue to reward the residents
for their recycling efforts.
Attachment:
• Resolution 12-059; ,Approving the 2012-2015 Hennepin County Residential Recycling SCORE Grant
Agreement
• I lennepin County Residential Recycling Grant Agreement
• I lennepin County Residential Recycling Funding Policy
26
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CITY OF ST. ANTHONY
RESOLUTION 12-059
A RESOLUTION APPROVING THE 2012 - 2015 HENNEPIN COUNTY
RESIDENTIAL RECYCLING SCORE GRANT AGREEMENT
WHEREAS, Hennepin County has made a portion of its Municipal Recycling Grant
Revenues available to participating and eligible cities; and
WHEREAS, the funds are used for the City's source -separated recyclables program; and
WHEREAS, Hennepin County and the City of St. Anthony will be entering into a four-
year Residential Recycling Grant Agreement commencing on January 1,
2012; and
WHEREAS, the County Board adopted Resolution No. 11-047651 on November 29, 2011
that approved the Hennepin County Residential Recycling Funding Policy
("Funding Policy") for the period of January 1, 2012, through December 31,
2015.
NOW, THEREFORE BE 1T RESOLVED THAT, the City Council of the City of St. Anthony
hereby approves and submits two copies of the executed Residential Recycling Grant
Agreement for the period of January 1, 2012 through December 31, 2015.
Adopted this 26th day of Lune 2012.
ATTEST:
Mayor
City Clerk
Review for Administration:
City Manager
27
28
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29
Contract No: A120133
RESIDENTIAL RECYCLING GRANT AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA,
A-2300 Government Center, Minneapolis, Minnesota 55487 (the "COUNTY"), on behalf of the
Hennepin County Department of Environmental Services, 701 Fourth Avenue South,
Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF SAINT
ANTHONY, 3301 Silver Lake Road NE, Saint Anthony, Minnesota 55418-1699 ("CITY").
WITNESSETH:
WHEREAS, the County Board, by Resolution No. 11-047651, adopted on November 29,
2011, approved the Hennepin County Residential Recycling Funding Policy ("Funding Policy")
for the period January 1, 2012, through December 31, 2015, and authorized grant funding for
municipal recycling programs consistent with the Funding Policy; and
WHEREAS, the CITY operates a municipal curbside residential recycling program and
other waste reduction and recycling activities (the "Recycling Program") as described in the
grant application (the "Grant Application") referred to in Section 2 below; and
WHEREAS, the Recycling Program is consistent with Minnesota Statutes, Chapter
I I5A; the Minnesota Pollution Control Agency's Metropolitan Solid Waste Management Policy
Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's
Residential Recycling Funding Policy.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as
follows:
TERM AND COST OF THE AGREEMENT
a. This Agreement shall commence upon execution and terminate on December 31,
2015.
b. The total grant payment for the year 2012 shall be equal to seventeen thousand
three hundred fifty-four dollars ($17,354). Grant payments for subsequent years
shall be calculated as set forth in Section 3.
2. SERVICES TO BE PROVIDED
a. The CITY shall operate the Recycling Program as more fully described in the
Funding Policy and the Grant Application. The CITY agrees to submit an updated
Grant Application by February 15 of each year of the term of this Agreement in
order to be eligible for grant funds. The application consists of the Re-TRAC
web -based report and a planning document submitted to the COUNTY describing
the programs or activities the CITY will implement to increase recycling and
make progress toward COUNTY goals. The terms of the Grant Application, as
updated each year, are incorporated herein by reference.
b. In addition to the services referred to above, the CITY agrees as follows:
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1) Requests for Proposals and Contracts.
a.) If contracting for curbside recycling services, the CITY shall require a
breakout of the following expenses when renewing or soliciting new
proposals or bids for recycling services:
• Containers — if provided by the hauler;
• Collection service;
• Processing cost per ton;
• Revenue sharing.
b.) The COUNTY recommends the CITY request the following
information in the Request for Proposal/Bid or contract:
• Destination of recyclable materials, including the facility name,
location, and end market;
• Monthly prices for recyclable materials by material type;
• Residue rates at the Materials Recovery Facility (MRF);
• Composition of residue.
2) Materials to be Collected. At a minimum, the CITY shall collect the
following materials curbside:
a.) Newspaper and inserts;
b.) Cardboard boxes;
c.) Glass food and beverage containers;
d.) Metal food and beverage cans;
e.) All plastic containers and lids, #1 — Polyethylene Terephthalate (PET,
PETE), #2 High Density Polyethylene (HDPE), #3 — Vinyl Polyvinyl
Chloride (PVC), #4 — Low Density Polyethylene (LDPE) and #5 —
Polypropylene (PP) plastic bottles, except those that previously
contained hazardous materials or motor oil;
£) Magazines and catalogs;
g.) Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
h.) Boxes from toothpaste, medications and other toiletries;
i.) Aseptic and gable -topped containers; and
j.) Mail, office and school papers.
3) Collection Methods. The CITY shall use one of the following systems to
collect materials at the curb:
a.) Single sort system - all materials combined in one container; or
b.) Dual sort system - glass, metal and plastic together with paper
separate.
If one of these two systems is not currently in place, the CITY must submit a
plan with their 2012 Grant Application for converting to a single or dual sort
system by December 31, 2012. If the CITY is unable to meet this deadline, an
alternative implementation plan must. be negotiated with and approved by the
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COUNTY. The implementation plan will include the reasons why an
extension is needed, the projected timeline, and details about each step of the
process. The CITY will also provide the COUNTY with updates to the plan as
implementation progresses.
4) Education and Outreach. The CITY shall:
a.) Use COUNTY terminology when describing recycling guidelines (i.e.
description of materials accepted and not accepted, preparation
guidelines, etc.)
b.) Use images provided by the COUNTY or the Solid Waste
Management Coordinating Board (SWMCB) if using images of
recyclables.
c.) Use the COUNTY's terminology, preparation guidelines and images
on the CITY's website.
d.) Mail a recycling guide once a year to residents using a template
developed jointly through a communications committee and produced
and printed by the COUNTY at the COUNTY's expense. If the CITY
does not want to use the template produced by the COUNTY, the
CITY may develop its own guide at the municipality's expense, but it
must be approved by the COUNTY. If the CITY relies on the hauler to
provide the recycling guide, this guide would also require approval by
the COUNTY.
e.) Complete two additional education activities from a menu of options
developed by the communications committee to support the priority
message campaign. Templates will be provided by the COUNTY.
Any print material that communicates residential recycling guidelines that
were not provided by the COUNTY template will require COUNTY
approval. This does not apply to waste reduction and reuse, articles on
recycling that do not include guidelines, and social media posts. The
COUNTY will respond within five business days to any communication
piece submitted.
5) Use of Grant Funds.
a.) Grant funds can be used for all Recycling Program expenses including
capital and operating costs. Expenses associated with residential
collection of organics are considered eligible Recycling Program
expenses. However, yard waste expenses are not eligible Recycling
Program expenses. If organics and yard waste are commingled, the
organics expenses must be tracked separately.
b.) All grant funds accepted from the COUNTY must be used for
Recycling Program capital and operating expenses in the year granted.
c.) The CITY may not charge its residents through property tax, utility
fees or any other method for that portion of the costs of its Recycling
Program funded by COUNTY grant funds.
d.) The CITY shall establish a separate accounting mechanism, such as a
project number, activity number, or fund that will separate recycling
and waste reduction revenues and expenditures from other municipal
activities, including solid waste and yard waste activities.
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e.) Recycling and waste reduction activities, revenues, and expenditures
are subject to audit by the COUNTY.
f.) The CITY shall not retain any grant funds in excess of actual
Recycling Program expenses.
g.) If the CITY does not contract for curbside recycling services, the
CITY will receive grant funds provided that at least ninety percent
(90%) of the grant funds are credited back to residents and the CITY
meets all minimum program requirements. The additional ten percent
(10%) may be used for CITY administrative and promotional
expenses.
6) Reporting Requirements.
a.) The CITY shall submit an annual recycling report to the COUNTY
utilizing the Re-TRAC web -based reporting system by February 15 of
each year. If the CITY is unable to access the Re-TRAC system, the
COUNTY must be contacted by February I to make arrangements for
alternative filing of the required report.
b.) The CITY will not report residue as a part of recycling tonnages. The
CITY will make arrangements with its hauler to report residue
separately.
c.) The CITY shall annually measure the participation rate in the curbside
Recycling Program during the month of October. The rate will be
calculated by dividing the number of households setting out recycling
by the total number of households (accounts) with recycling service.
The participation rate will be reported in Re-TRAC.
d.) The CITY shall submit an annual planning document to the COUNTY
describing the programs or activities the CITY will implement to
increase recycling and make progress toward COUNTY goals.
e.) To help monitor progress, the CITY shall provide an update on
recycling tonnages and program activities to the COUNTY upon
request. The CITY shall then provide the quarterly tonnage report
received from its haulers or make arrangements with the haulers to
send the information directly to the COUNTY.
7) Recycling Performance. On an annual basis, the CITY shall demonstrate that
a reasonable effort has been made to maintain and increase the average
amount of recyclables collected from their residential Recycling Program to at
least 725 pounds per household or achieve a minimum recovery rate of 80%
by December 31, 2015. Alternatively, if the CITY has a method in place to
accurately measure total waste generation (garbage and recycling), then the
CITY may choose a 35% recycling rate as the performance standard. To
ensure the accuracy of data for these metrics the CITY will be required, upon
request, to provide documentation on the methodology used to calculate
performance. To the extent practicable, the results should rely on actual data
rather than estimates.
Failure by the CITY to demonstrate measureable progress towards one of
these goals will result in the requirement that a Recycling Improvement Plan
be submitted by the CITY within 90 days of being notified by the COUNTY.
The Recycling Improvement Plan must be negotiated with and approved by
3.
the COUNTY. The Recycling Improvement Plan will include actions the
CITY will take to improve the performance of its Recycling Program to
achieve the 2015 goals. The plan will focus on program changes and
additional activities in the following areas: materials collected, sort method,
type of container, frequency of collection, education and outreach,
performance measurement, contract management, and incentives. Funding
will be withheld until the CITY's Recycling Improvement Plan is approved by
the COUNTY.
In cooperation with the COUNTY, the CITY may be required to participate in
waste and recycling sorts to identify recovery levels of various recyclables in
their community. Based on the results of the study, the COUNTY and the
CITY will collaborate to increase the recovery of select recyclable materials
being discarded in significant quantities.
8) Public Entity Recycling. Pursuant to Minnesota Statutes, Section §1'15A.151,
the CITY shall ensure that facilities under its control, from which mixed
municipal solid waste is collected, have containers for at least three recyclable
materials, such as, but not limited to, paper, glass, plastic, and metal, and
transfer all recyclable materials collected to a recycles.
METHOD OF PAYMENT
a. The COUNTY will annually distribute to Hennepin County municipalities grant
funds only to the extent the COUNTY receives SCORE funds from the State of
Minnesota. SCORE funds are based on revenue received by the State of Minnesota from
a sales tax on garbage collection and disposal fees. SCORE funds are subject to change
based on actual revenue received by the State and funds allocated by the legislature. The
following formula will be utilized to determine the CITY's SCORE grant for each year:
# of Households Served
Curbside by CITY
Total # of Households Served
Curbside in COUNTY
X Total SCORE Revenue
Received by COUNTY
from State of Minnesota
Grant Funds
Distributed to
CITY
b. Under no circumstances will the COUNTY's distribution of grant funds exceed
the CITY's proportion of SCORE fund revenues received by the COUNTY.
C. The initial grant fund payment will be forwarded after the County Board receives
and approves this Agreement signed by an authorized official of the CITY.
Provided the CITY is otherwise in compliance with the terms of this Agreement,
future grant fund payments will be made after submittal by the CITY and
approval by the COUNTY of the updated Grant Application as described in
Section 2 and receipt by the COUNTY of SCORE funds from the State of
Minnesota.
d. Annual grant payments will be made to the CITY in two equal payments. One
payment will be made after the COUNTY receives the Grant Application, which
consists of the Re-TRAC report and a planning document. A second payment will
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34
be made after the report has been approved, measurable progress toward the 2015
goal has been confirmed, and, if necessary, a Recycling Improvement Plan has
been approved by the COUNTY. If the CITY meets the COUNTY requirements,
both payments will be made during the same calendar year.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
5. INDEPENDENT CONTRACTOR
CITY shall select the means, method, and manner of performing the services. Nothing is
intended or should be construed as creating or establishing the relationship of a
partnership or a joint venture between the parties or as constituting CITY as the agent,
representative, or employee of the COUNTY for any purpose. CITY is and shall remain
an independent contractor for all services performed under this Agreement. CITY shall
secure at its own expense all personnel required in performing services under this
Agreement. Any personnel of CITY or other persons while engaged in the performance
of any work or services required by CITY will have no contractual relationship with the
COUNTY and will not be considered employees of the COUNTY. The COUNTY shall
not be responsible for any claims that arise out of employment or alleged employment
under the Minnesota Economic Security Law or the Workers' Compensation Act of the
State of Minnesota on behalf of any personnel, including, without limitation, claims of
discrimination against CITY, its officers, agents, contractors, or employees. CITY shall
defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,
volunteers, and employees from all such claims irrespective of ally determination of any
pertinent tribunal, agency, board, commission, or court. Such personnel or other persons
shall neither require nor be entitled to any compensation, rights, or benefits of any kind
from the COUNTY, including, without limitation, tenure rights, medical and hospital
care, sick and vacation leave, Workers' Compensation, Re-employment Compensation,
disability, severance pay, and retirement benefits.
INDEMNIFICATION
CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers and employees from any liability, claims, causes of action,
judgments, damages, losses, costs, or expenses, including reasonable attorney's fees,
resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or omissions
they may be liable in the performance of the services required by this Agreement, and
against all loss by reason of the failure of CITY to perform any obligation under this
Agreement.
S. INSURANCE
A. With respect to the services provided pursuant to this Agreement, CITY agrees at
all times during the term of this Agreement, and beyond such term when so
required, to have and keep in force the following insurance coverages, either
under a self-insurance program or purchased insurance:
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2.
3.
Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate
Products --Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
Workers' Compensation and Employer's Liability:
Workers' Compensation
Employer's Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
Professional Liability—Per Claim
Aggregate
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
Limits
$2,000,000
2,000,000
1,500,000
1,500,000
Statutory
500,000
500,000
500,000
1,500,000
2,000,000
An umbrella or excess policy over primary liability insurance coverages is an
acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of CITY to determine the need for and to procure additional
insurance which may be needed in connection with this Agreement. Upon written
request, CITY shall promptly submit copies of insurance policies to the
COUNTY.
CITY shall not commence work until it has obtained required insurance and filed
with the COUNTY, a properly executed Certificate of Insurance establishing
compliance. The certificate(s) must name Hennepin County as the certificate
holder and as an additional insured for the liability coverage(s) for all operations
covered under the Agreement. If the certificate form contains a certificate holder
notification provision, the certificate shall state that the insurer will endeavor to
mail the COUNTY 30 day prior written notice in the event of cancellation of any
described policies. If CITY receives notice of cancellation from an insurer, CITY
shall fax or email a copy of the cancellation notice to the COUNTY within two
business days.
CITY shall furnish to the COUNTY updated certificates during the term of this
Agreement as insurance policies expire. If CITY fails to furnish proof of
insurance coverages, the COUNTY may withhold payments and/or pursue any
other right or remedy allowed under the contract, law, equity, and/or statute. The
36
COUNTY does not waive any rights or assume any obligations by not strictly
enforcing the requirements set forth in this section.
C. Duty to Notify. CITY shall promptly notify the COUNTY of any claim, action,
cause of action or litigation brought against CITY, its employees, officers, agents
or subcontractors, which arises out of the services contained in this Agreement.
CITY shall also notify the COUNTY whenever CITY has a reasonable basis for
believing that CITY and/or its employees, officers, agents or subcontractors,
and/or the COUNTY, might become the subject of a claim, action, cause of
action, criminal arrest, criminal charge or litigation arising out of and/or related to
the services contained in this Agreement. Failure to provide the notices required
by this section is a material violation of the terms and conditions of this
Agreement.
9. DATA PRACTICES
CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors
shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and
Accountability Act (HIPAA) and implementing regulations, if applicable, and all other
applicable state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality. CITY agrees to defend, indemnify and hold harmless the COUNTY, its
officials, officers, agents, employees, and volunteers from any claims resulting from
CITY's officers', agents', owners', partners', employees', volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of such protected data, or other
noncompliance with the requirements of this section. CITY agrees to promptly notify the
COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims,
under the MGDPA. The terms of this section shall survive the cancellation or
termination of this Agreement.
10. RECORDS — AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CITY agrees
that the COUNTY, the State Auditor, or any of their authorized representatives, at any
time during normal business hours, and as often as they may reasonably deem necessary,
shall have access to and the right to examine, audit, excerpt, and transcribe any books,
documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of CITY and involve transactions relating to this Agreement. CITY shall
maintain these materials and allow access during the period of this Agreement and for six
(6) years after its termination or cancellation.
11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to the
COUNTY for all covenants, agreements and obligations contained in the contract
documents.
B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any monies due or to become
due to it without the prior written consent of the COUNTY. A consent to assign
shall be subject to such conditions and provisions as the COUNTY may deem
37
necessary, accomplished by execution of a form prepared by the COUNTY and
signed by CITY, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve CITY of its liabilities and obligations under
the Agreement.
C. CITY shall not subcontract this Agreement and/or the services to be performed,
whether in whole or in part, without the prior written consent of the COUNTY.
Permission to subcontract, however, shall under no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further, CITY shall be fully
responsible for the acts, omissions, and failure of its subcontractors in the
performance of the specified contractual services, and of person(s) directly or
indirectly employed by subcontractors. Contracts between CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with the terms and conditions specified. CITY shall make contracts
between CITY and subcontractors available upon request.
12. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
13. DEFAULT AND CANCELLATION
A. If CITY fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, it shall be
in default. Unless CITY's default is excused by the COUNTY, the COUNTY
may upon written notice immediately cancel this Agreement in its entirety.
Additionally, failure to comply with the terms of this Agreement shall be just
cause for the COUNTY to delay payment until CITY's compliance. In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to CITY.
B. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to the COUNTY for damages sustained by the COUNTY by virtue
of any breach of this Agreement by CITY.
C. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement, law, statute, rule, and/or equity.
D. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
38
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
E. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice.
F. Upon early termination or cancellation of this Agreement, the CITY shall itemize
any and all grant funds expenditures up to the date of termination or cancellation
and return such grant funds not yet expended.
G. Upon written notice, COUNTY may immediately suspend or cancel this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this
project from an outside source is withdrawn, frozen, shut -down, is otherwise
made unavailable or COUNTY loses the outside funding for any other reason; or
(iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any services that are provided
after notice and effective date of termination. In the event COUNTY cancels this
Agreement pursuant to the terms in this paragraph 13(G), COUNTY shall pay any
amount due and payable prior to the notice of suspension or cancellation pursuant
to the terms herein except that COUNTY shall not be obligated to pay any amount
as or for penalties, early termination fees, charges, time and materials for services
not then performed, costs, expenses or profits on work done.
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION; INSURANCE; DATA PRACTICES;
RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS.
15. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the Department of
Environmental Services so as to accomplish the purposes of this contract, Dave McNary,
Solid Waste Division Manager, or his or her successor, shall manage this contract on
behalf of the COUNTY and serve as liaison between the COUNTY and the CITY.
16. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. CITY shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. CITY shall comply with all applicable conditions of the specific referenced grant.
17. SUBCONTRACTOR PAYMENT
As required by Minnesota Statutes Section 471.425, Subd. 4a, CITY shall pay any
subcontractor within ten (10) days of CITY's receipt of payment from the COUNTY for
undisputed services provided by the subcontractor. CITY shall pay interest of l''/z percent
10
per month or any part of a month to the subcontractor on any undisputed amount not paid 39
on time to the subcontractor. The minimum monthly interest penalty payment for an
unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than
$100.00, CITY shall pay the actual penalty due to the subcontractor. A subcontractor
who prevails in a civil action to collect interest penalties from a prime contractor must be
awarded its costs and disbursements, including any attorney's fees, incurred in bringing
the action.
18. PAPER RECYCLING
The COUNTY encourages CITY to develop and implement an office paper and
newsprint recycling program.
19. NOTICES
Any notice or demand which must be given or made by a party under this Agreement or
any statute or ordinance shall be in writing, and shall be sent registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement.
Notice to CITY shall be sent to the address stated in the opening paragraph of the
Agreement.
20. CONFLICT OF INTEREST
CITY affirms that to the best of CITY's knowledge, CITY's involvement in this
Agreement does not result in a conflict of interest with any party or entity which may be
affected by the terms of this Agreement. CITY agrees that, should any conflict or
potential conflict of interest become known to CITY, CITY will immediately notify the
COUNTY of the conflict or potential conflict, specifying the part of this Agreement
giving rise to the conflict or potential conflict, and will advise the COUNTY whether
CITY will or will not resign from the other engagement or representation.
21. PROMOTIONAL LITERATURE
CITY agrees, to the extent applicable, to abide by the current Hennepin County
Communications Policy (available upon request). This obligation includes, but is not
limited to, CITY not using the term "Hennepin County" or any derivative in any
promotional literature, advertisements of any type or form or client lists without the
express prior written consent of a COUNTY Department Director or equivalent.
22. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
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40
COUNTY BOARD AUTHORIZATION
Reviewed by the County Attorney's
Office
Assistant County Attorney
Date:
Recommended for Approval
By:
Director, Department of Environmental Services
Date
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of Its County Board
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Richard P. Johnson, County Administrator
By:
Assistant County Administrator, Public Works
CITY OF SAINT ANTHONY
CITY warrants that the person who executed
this Agreement is authorized to do so on behalf of
CITY as required by applicable articles,
bylaws, resolutions or ordinances.*
Signature:
Name (Printed):
Date:
"CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to the COUNTY.
Documentation is not required for a sole proprietorship.
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41
Hennepin County
Residential Recycling
Funding Policy
January 1, 2012 - December 31, 2015
Hennepin County
Environmental Services
Adopted November 29, 2011
42
I. Policy Description
The Hennepin County Board of Commissioners has determined that curbside collection
of recyclables fi•om Hennepin County residents is an effective strategy to reduce reliance
on landfills, prevent pollution, reduce the toxicity of waste, conserve natural resources
and energy, improve public health, support the economy, and reduce greenhouse gases.
Therefore, the County adopted the goals established by the Minnesota Pollution Control
Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and
developed a Residential Recycling Funding Policy to help reach a 45% recycling rate by
2015.
The County will distribute all SCORE funds received by the County to municipalities for
curbside collection of residential recyclables. Municipalities are expected to fulfill the
conditions of the funding policy and begin implementation as soon as possible. The
County has designated the first year as a transition period. Municipalities will have until
January 1, 2013, unless otherwise negotiated with the County, to implement components
of the funding policy that are unable to be put into practice immediately.
A. Length of Residential Recycling Funding Policy
Hennepin County is committed to implement this policy and continue distributing all
SCORE funds received fi•om the State for the purpose of funding curbside residential
recycling programs from January 1, 2012 through December 31, 2015. The County may
revise this policy if it determines changes are needed to assure compliance with state law
and MPCA goals established for metropolitan counties. In the event that SCORE funds
are eliminated from the State budget or significantly reduced, the County will consult
with municipalities at that time and develop a subsequent recommendation to the County
Board on continuation of this policy and future funding of curbside recycling programs.
B. Fund Distribution
The County will distribute to Hennepin County municipalities one hundred percent
(100%) of SCORE funds that the County receives from the State. SCORE funds are
based on revenue received by the State of Minnesota fi•om a sales tax on garbage
collection and disposal fees. SCORE funds are subject to change based on actual revenue
received by the State and funds allocated by the legislature. Funds distributed to
municipalities for the current calendar year will be based on SCORE funds received by
the County in the State's corresponding fiscal year. The following formula will be
utilized to determine a City's SCORE grant for each year.
# of Households Served
Curbside by CITY
Total # of Households Served
Curbside in COUNTY
X Total SCORE Revenue
Received by COUNTY
fi•om State of Minnesota
_ Grant Funds
Distributed to
a Municipality
43
Eligible residential households are defined as single family through eight-plex residential
buildings or other residential buildings where each housing unit sets out their own refuse
and recycling container for curbside collection. The number of eligible households will
be determined by counting the number of eligible households on January I" of each
funding year. The number will be reported in the application for funding.
The funds can be used for all recycling program expenses including capital and operating
costs. Expenses associated with residential collection of organics are considered eligible
recycling program expenses. However, yard waste expenses are not eligible. If organics
and yard waste are commingled, the organics expenses must be tracked separately.
II. Responsibilities of Municipalities
A. Grant Agreement
Each municipality seeking funding under the terms of the Residential Recycling Funding
Policy must enter into a Recycling Grant Agreement with the County for a term
concurrent with the expiration of this policy, December 31, 2015. The grant agreement
must be accompanied by a resolution authorizing the city to enter into such an agreement.
B. Application for Funding
Each municipality must complete an annual application by February 15°i to receive
funding for that year. The application consists of the Re-TRAC web -based report and a
planning document submitted to the County describing the programs or activities the
applicant will implement to increase recycling and make progress toward County goals.
C. Minimum Program Performance Requirements
1. Collection of Recyclables. Municipalities that contract for curbside recycling services
will require a breakout of the following expenses when renewing or soliciting bids for
new recycling services:
a.) containers — if provided by the hauler
b.) collection service
c.) processing cost per ton
d.) revenue sharing
2. Materials to be Collected. At a minimum, the following materials must be collected
curbside:
a.) Newspaper and inserts;
b.) Cardboard boxes;
c.) Glass food and beverage containers;
d.) Metal food and beverage cans;
44
e.) All plastic containers and lids, #I — Polyethylene Terephthalate (PET, PETE),
#2 High Density Polyethylene (HDPE), #3 — Vinyl Polyvinyl Chloride (PVC),
#4 — Low Density Polythylene (LDPE) and #5 — Polypropylene (PP) plastic
bottles, except those that previously contained hazardous materials or motor
oil;
f) Magazines and catalogs;
g.) Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
h.) Boxes from toothpaste, medications and other toiletries;
i.) Aseptic and gable -topped containers; and
j.) Mail, office and school papers.
The County may add materials to this list and require municipalities to begin
collection within one year of receiving notification from the County. Municipalities
will notify the County if materials not found on this list will be collected.
3. Collection Methods. Municipalities must use one of the following systems to collect
materials at the curb:
a.) single sort system - all materials combined in one container; or
b.) dual sort system - glass, metal and plastic together with paper separate
If one of these two systems is not currently in place, the municipality must submit a
plan with their 2012 application for converting to a single or dual sort system by
December 31, 2012. If the municipality is unable to meet this deadline, an alternative
implementation schedule must be negotiated with the County.
4. Education and Outreach.
a.) County Responsibilities
1) Coordinate meetings of the communications committee, which will
be composed of County, municipal, and other stakeholders.
2) Produce education material templates and print the template
materials for municipalities. Materials will also be available online
for partners to download.
3) Provide a minimum of eight partner promotions resources that will
include a newsletter article, a web story, social media posts, and
printed promotional materials for municipalities on a variety of
waste reduction, reuse, recycling and proper disposal messages.
4) Develop an annual priority message campaign. The campaign will be
one main message to promote throughout the year, for example
"recycle magazines". The message and the materials will be
developed with the communications committee. The county will be
responsible for primary distribution of the campaign through direct
mail, advertising, and public relations. The municipalities will be
45
required to support the campaign through their own communication
channels.
b.) Municipal Requirements
1) Use County terminology when describing recycling guidelines (i.e.
description of materials accepted and not accepted, preparation
guidelines, etc.)
2) Use images provided by the County or the SWMCB if using images
of recyclables.
3) Use the County's terminology, preparation guidelines and images on
the city's website.
4) Mail a recycling guide once a year to residents using a template
developed jointly through a communications committee and
produced and printed by the County at the County's expense. If a
municipality does not want to use the template produced by the
County, the municipality may develop its own guide at the
municipality's expense, but it must be approved by the County. If the
municipality relies on the hauler to provide the recycling guide, this
guide would also require approval by the County.
5) Complete two additional education activities from a menu of options
developed by the communications committee to support the priority
message campaign. Templates will be provided by the County.
Any print material that communicates residential recycling guidelines that were
not provided by the County template will require County approval. This does not
apply to waste reduction and reuse, articles on recycling that do not include
guidelines, and social media posts. The County will respond within five business
days to any communication piece submitted.
5. Use of Funds.
a.) All grant funds accepted from the county must be used for waste reduction
and recycling capital and operating expenses in the year granted. Recycling
programs will not be reimbursed any funds in excess of actual expenses.
b.) A municipality or township may not charge its residents through property tax,
utility fees or any other method for that portion of the costs of its recycling
program funded by county grant funds.
C.) Municipalities must establish a separate accounting mechanism, such as a
project number, activity number, or fund that will separate recycling revenues
and expenditures from other municipal activities, including solid waste and
yard waste activities.
d.) Recycling and waste reduction activities, revenues, and expenditures are
subject to audit.
e.) Municipalities that do not contract for curbside recycling services will receive
grant funds provided that at least ninety percent (90%) of the grant funds are
4
46
credited back to residents and the city meets all minimum program
requirements. The additional ten percent (10%) may be used for municipal
administrative and promotional expenses.
6. Reporting Requirements.
a.) An annual recycling report must be submitted electronically to the County
utilizing the Re-TRAC web -based reporting system by February 15 of each
year. If a municipality is unable to access the Re= TRAC system, the County
must be contacted by February 1 to make arrangements for alternative filing
of the required report.
b.) The municipality must calculate its participation rate in the curbside recycling
program during the month of October. The participation rate will be reported
in Re-TRAC. The methodology for measuring participation must be provided
to the County upon request.
c.) An annual planning document must be submitted to the County describing the
programs or activities the applicant will implement to increase recycling and
make progress toward County goals.
Recycling Performance. On an annual basis, municipal recycling programs must
demonstrate that a reasonable effort has been made to maintain and increase the
average amount of recyclables collected from their residential recycling program to at
least 725 pounds per household or a minimum recovery rate of 80%, by December
31, 2015. An alternative performance option for municipalities with organized waste
collection is to validate that their municipality has at least a 35% recycling rate. To
ensure the accuracy of data for these metrics municipalities will be required, upon
request, to provide documentation on the methodology used to calculate performance.
To the extent practicable, the results should rely on actual data rather than estimates.
Failure by a municipality to demonstrate measureable progress towards one of these
goals will result in the requirement that a Recycling Improvement Plan be submitted
by the municipality within 90 days of being notified by the County. The Recycling
Improvement Plan must be negotiated with the County and specify the efforts that
will be undertaken by the municipality to improve its recycling program to yield the
results necessary to achieve the 2015 goals. The plan should focus on the following
areas: type of container, sort method, materials collected, frequency of collection,
education and outreach, performance measurement, and incentives. Funding will be
withheld until the municipality's Recycling Improvement Plan is approved by
Hennepin County.
In cooperation with the County, the municipality may be required to participate in
waste and recycling sorts to identify recovery levels of various recyclables in their
community. Based on the results of the study, the County and municipality will
collaborate to increase the recovery of select recyclable materials being discarded in
significant quantities.
47
D. Partnership
The partnership between the County and municipalities has been highly effective in
educating and motivating behavior of residents resulting in significant amounts of waste
being reduced and recycled. In order to continue this partnership and increase these
efforts, program activities of municipalities must be coordinated with County and
regional efforts. Municipalities are responsible for cooperating with the County in an
effort to reach the County's goals for recycling and organics recovery. Quarterly
recycling coordinator meetings are an opportunity to share resources and facilitate the
coordination of efforts.
III. Responsibilities of Hennepin County
A. Application Form
Hennepin County will provide an application form by December 15°i that each
municipality will use to report on their recycling program and request grant funding for
that respective year.
13. Payments
Grant payments will be made to a municipality in two equal payments. One payment will
be made after the County receives the application, which consists of the Re-TRAC report
and the planning document. A second payment will be made after the report has been
approved, measurable progress toward the 2015 goal has been confirmed, and, if
necessary, a Recycling Improvement Plan has been approved by the County. If the
municipality meets the County requirements, both payments will be made during the
same calendar year.
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CITY OF ST. ANTHONY
RESOLUTION 12-060
A RESOLUTION APPROVING THE DEFERRAL OF THE SPECIAL ASSESSMENTS
FOR THE 2012 STREET IMPROVEMENT PROJECT
WHEREAS, pursuant to Minnesota Statues 435.193, special assessment installment payments
payable by senior citizens and persons retired by virtue of permanent and total
disability are deferred if payment of such installments would be a hardship; and
WHEREAS, the City of S. Anthony's assessment policy for senior citizen deferrals has been
established for upgrading public roadways; and
WHEREAS, such policy defines it shall be presumed a hardship exists if the annual
assessment installment exceeds one percent (1 %) of the previous year's Federal
Income Taxes total adjusted gross income; and
WHEREAS, the requirements of hardship have been met and verified by the Finance Director
of the City of St. Anthony; and
WHEREAS, the applicant listed below is the owner of real estate located in the City of St.
Anthony.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
approves the deferral of the Special Assessments for the 2012 Street Improvement Project for
the following qualifying residents.
1) Betty Kiminki $8,358.20
2902 - 36th Avenue NE
St. Anthony, MN 55418
2) Colleen Lupient $5,671.80
3512 Belden Drive
St. Anthony, MN 55418
Adopted this 26th day of Lune 2012.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
50
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51
Report Date:
Meeting Date
RFF2 FFSTFOR OOkNOIL.00N�SIDFZ4TlON
June 26, 2012
June 26, 2012
ITEM DESCRIPTION:
Resolution 12-061; Approving a Memorandum of Understanding for Providing Utility Billing
Services to the City of Birchwood Village
REVIEW:
This Memorandum of Understanding is for the services desired by the City of Birchwood
Village from the City of St. Anthony Village relating to the billing and processing of water
and sewer utility accounts for Birchwood residents.
Highlights of the Agreement include:
• Billing on quarterly basis (different months from St. Anthony)
• St. Anthony will collect $4.45 per account (380 accounts)
• Adjust the per account charge based on Consumer Price Index, but not less than 3%
increase.
• May terminate agreement with six (6) month notice.
Attachments:
• Resolution 12-061; Approving a Memorandum of Understanding for Providing Utility Billing Services to
the City of Birchwood Village.
• Agreement between the City of Birchwood Village and St. Anthony Village Regarding Utility Billing
Services
R\Council Meetings\2012\06262012\Staff memo of understanding birchwood village.doc
52
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53
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-061
APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE CITY OF BII2CHWOOD VILLAGE FOR UTILITY BILLING SERVICES
WHEREAS, the City of Birchwood Village desires the City of St. Anthony Village to provide billing
and processing of water and sewer utility accounts for Birchwood residents; and
WHEREAS, the City of St. Anthony will bill all accounts on a quarterly basis with the information
provided by City of Birchwood Village including final bills; and
WHEREAS, the City of St. Anthony will collect and process the utility bill payments from Birchwood
residents and shall deposit all resident payments into Birchwood's bank account at US
Bank; and
WHEREAS, the City of St. Anthony will provide a listing of past due account for possible certifications
and also inform the City of Birchwood Village of any equipment failures it detects; and
WHEREAS, the City of Birchwood Village will pay a one-time fee to St. Anthony Village to set up
their billing information and will be charged a per account per billing cycle to process the
billing; and
WHEREAS, the City of St. Anthony will invoice the City of Birchwood Village upon completion of its
work on at least a quarterly basis; and
WHEREAS, the City of St. Anthony Village agrees and warrants to the City of Birchwood Village that
it will provide the utility billing services and work product set forth in the Memorandum of
Understanding in a timely, precise, and accurate fashion to the best of its skill and ability.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony approves the
Memorandum of Understanding with the City of Birchwood Village for Utility Billing Services.
Approved and adopted this 26°i day of June, 2012.
Mayor
City Clerk
Reviewed for Administration:
City Manager
54
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55
AGREEMENT
BETWEEN
THE CITY OF BIRCHWOOD VILLAGE
AND
THE CITY OF ST. ANTHONY VILLAGE
REGARDING UTILITY BILLING SERVICES
WHEREAS, the City of Birchwood Village (Birchwood) is desirous of entering into an arrangement
whereby another Minnesota municipality can provide services to manage Birchwood's utility billing
requirements; and
WHEREAS, the City of St. Anthony Village (St. Anthony Village) has the capability to provide such
utility billing services and has offered to do so; and
WHEREAS, Birchwood has determined that the terms of the proposal by St. Anthony Village to provide
such services is acceptable.
NOW, THEREFORE, the parties enter into this Agreement as follow.
Scope of Work:
1.1 Birchwood will provide beginning account balances and services to be billed for each
account. St. Anthony Village will set up the Birchwood accounts in its utility billing system
and it will be segregated from the St. Anthony Village accounts by billing cycle. Other billing
information such as owner name, service address, billing address, meter location, remote
type, etc. will be entered in each account's maintenance file as provided by Birchwood or
the meter reading vendor.
1.2 Birchwood will provide its rate structure and St. Anthony Village will set up the same in its
billing software. Policies or written directions regarding late fees and other billing
adjustments will be provided to St. Anthony Village. Annually, or as required, Birchwood will
provide St. Anthony Village with any changes to their rate structures, at least three weeks
prior to the billing date.
1.3 All accounts will be billed on a quarterly basis.
1.4 Birchwood's vendor will provide meter -reading services. Meter readings will be provided
to St. Anthony Village at least three weeks prior to bill date. St. Anthony Village will work
directly with the vendor in order to receive the readings in the format preferred. St.
Anthony Village will also provide the meter -reading vendor with the information necessary
to keep their route sheets current.
56
1.5 Billing dates will be March 1st, June 1st, September 1st, and December 1st. Bills will be
delivered to Birchwood at least two days prior to the bill date if Birchwood is processing the
mailing, and if these dates fall on a weekend or holiday, they will be delivered on the next
business day. If unforeseeable issues arise that will preclude the timely delivery of the bills,
then St. Anthony Village will contact Birchwood and provide a revised delivery date. If St.
Anthony Village is processing the mailing, the bills will be mailed on the above dates unless
unforeseeable issues arise that will preclude the timely mailing of the bills, in which case St.
Anthony Village will contact Birchwood and provide a revised mailing date.
1.6 Bills will be generated in a letter style on plain paper stock, or if provided by Birchwood, a
watermark stock similar to that used by St. Anthony Village. St. Anthony Village will provide
a summary of the services billed per quarter. St. Anthony Village will also track the water
usage billed to customers versus the water purchased by Birchwood (later provided by
Birchwood) in order to determine the percentage of unallocated water. This will be provided
to Birchwood two weeks after the quarterly billing has been processed
1.7 St. Anthony Village will collect and process the utility bill payments from Birchwood's
residents. Customer return envelopes for utility payments will be directed to St. Anthony
Village, and will be provided along with the bills. Any payments received at Birchwood City
Hall will be submitted to St. Anthony Village in weekly batches. After collection and
processing, St. Anthony Village shall deposit all resident payments into Birchwood's bank
account at U.S. Bank, at its St. Anthony Branch location. St. Anthony Village will update the
account balances for payments received and provide to Birchwood in electronic format the
documentation necessary to code and post the cash receipts to the City's General Ledger.
1.8 Billing questions will be handled initially by St. Anthony Village. St. Anthony Village will
provide information regarding, balances, payments applied, usage and read dates. If there
are any on-going concerns regarding water usage, these will be turned over to Birchwood
for further investigation.
1.9 Final Bills will be processed by St. Anthony Village, which will require Birchwood's
assistance in coordinating readings, obtaining forwarding addresses, and new billing
information.
1.10 St. Anthony Village will provide a listing of past due accounts for possible certification.
Birchwood will be responsible for sending certification notices to the customers,
certification to taxes to Washington County and providing St. Anthony Village with the final
listing of certified accounts and these accounts will be adjusted appropriately.
1.11 St. Anthony Village will inform Birchwood of any equipment failures it detects, such as
defective remotes and slow meters. St. Anthony Village will advise Birchwood of the steps
necessary to correct the issue.
57
2. Compensation and Terms of Payment:
2.1 If no electronic history files are available, then the one-time fee for St. Anthony Village to
set-up the Birchwood billing information is $3,750.00. If electronic history files are available,
then the one-time set up fee is $2,250.00. St. Anthony Village will charge $4.45 per account per
billing cycle to process the billing, create the bills, deliver the bills to Birchwood for distribution,
process the resident payments, and provide the accounting reports to record the utility billing
transactions into the Birchwood general ledger.
2.2 St. Anthony Village shall invoice Birchwood for its services upon completion of its work, on
at least a quarterly basis. Birchwood shall approve payment to St. Anthony Village at its next
regularly scheduled meeting of the City Council, provided that St. Anthony Village submits its
invoice at least one (1) week in advance of such meeting.
2.3 Each year on the anniversary date of this Agreement St. Anthony Village retains the
authority to increase the per account charge by the same percentage if the Consumer Price
Index has increased, but in any event, St. Anthony Village may increase the per account charge
by two percent (2%) annually. St. Anthony Village shall notify Birchwood in writing of any
increases that St. Anthony Village proposes to charge.
2.4 Birchwood will retain its meter -reading vendor and continue to internally process the bill
mailing. If Birchwood chooses to have St. Anthony Village arrange for these services, the cost for
these services will be negotiated between the parties.
Warranty:
3.1 The City of St. Anthony Village agrees and warrants to the City of Birchwood that it will
provide the utility billing services and work product set forth in this Agreement in a timely,
precise, and accurate fashion to the best of its skill and ability.
4 Indemnity, Term and Termination:
4.1 It is the intent of the parties hereto that each shall remain responsible for the intentional
or negligent actions of its own respective employees, agents, and/or representatives taken
pursuant to this Agreement. The City of Birchwood Village agrees to defend, indemnify, and
hold the City of St. Anthony Village and its employees, harmless from any claims, demands,
actions, or causes of action, including reasonable attorney's fees, brought against or incurred by
the City of St. Anthony Village and its employees arising out of or relating to this Agreement, for
injury to, death of, or damage to the property of any third person or persons, arising out of any
act or omission on the part of the City of Birchwood Village, and its employees, agents, or
representatives. The City of St. Anthony Village agrees to defend, indemnify, and hold the City of
Birchwood Village and its employees, harmless from any claims, demands, actions, or causes of
58
action, including reasonable attorney's fees, brought against or incurred by the City of
Birchwood Village and its employees arising out of or relating to this Agreement, for injury to,
death of, or damage to the property of any third person or persons, arising out of any act or
omission on the part of the City of St. Anthony Village and its employees, agents, or
representatives.
4.2 This Agreement shall commence as of the date this document is fully executed by the
parties and shall continue until terminated by either party.
4.3 Upon default in the terms of this Agreement, the non -defaulting Party may terminate this
Agreement upon providing to the other Party written notice of the default and the intention to
terminate, and providing ten (10) calendar days to cure the default. If the default is not cured
within ten (10) calendar days of receipt of the notice, then the contract shall be terminated.
4.4 Either Party may terminate this agreement without cause upon providing at least six
months' written notice to the other party..
General Terms and Conditions:
5.1 St. Anthony Village shall be deemed an independent contractor for purposes of all services
to be provided under this Agreement. Unless otherwise agreed by the parties, St. Anthony
Village shall provide its own tools and equipment and shall select its own manner and method of
performing its services. St. Anthony Village and its employees shall not be considered an
employee of Birchwood for any purpose, and shall waive, release, and not be entitled to any of
the benefits usually accorded Birchwood City employees, including but not limited to severance
pay, health insurance benefits, retirement credits, worker's compensation coverage, or any
other rights or benefits that accrue to Birchwood city employees.
5.2 The prevailing party in any dispute arising out of this Agreement shall be entitled to
reimbursement of its costs and attorneys' fees in asserting or defending its rights hereunder
against the non -prevailing party.
5.3 This Agreement may be amended at any time by agreement of Birchwood and St. Anthony
Village. Any amendments shall be in writing to be effective.
5.4 Any notices required to be provided pursuant to this Agreement shall be given by United
States Mail (postage prepaid), personal service, or fax, or by e-mail if the parties agree, to the
following addresses:
City of Birchwood Village
Dale Powers, City Clerk -Coordinator
207 Birchwood Avenue
Birchwood, MN 55110
Phone: 651-426-3403
Email: bwclerk comcastnet
59
City of St. Anthony Village
Shelly Rueckert, Finance Director
3301 Silver Lake Road
St. Anthony, MN 55418
Phone: 612-782-3316
Email: shelly.rueckert@ci.saint-anthony.mn.us
The parties, by their undersigned representatives, hereby agree to the terms set forth above:
Mayor, City of Birchwood Village Date
City Clerk -Coordinator, City of Birchwood Village Date
Mayor, City of St. Anthony Village Date
City Manager, City of St. Anthony Village Date
M
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CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-062
A RESOLUTION APPROVING AN INCREASE IN SALARY BY $5,000 OR TO
$105,000 ANNUALLY FOR MARK CASEY, CITY MANAGER FOR
SUCCESSFULLY COMPLETING THE SIX-MONTH EVALUATION PERIOD
WHEREAS, the City of St. Anthony employed Mark Casey as the City Manager
of the City of St. Anthony on December 12, 2011; and
WHEREAS, the Mark Casey successfully completed the six-month evaluation
period as City Manager; and
WHEREAS, the City Council approves an increase to the City Manager's salary
by $5,000, or to $105,000 annually for successfully completing the
six-month evaluation period.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village hereby approves an increase in salary by $5,000 or to $105,000
annually for Mark Casey, City Manager for successfully completing the six-
month evaluation period.
Adopted this 26th day of Lune 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
U:\Council Meetings\2012\06262012\Rcscily manager salary.Aoc
61
62
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WSB
&Assoc` Engineering r Planning ■ Environmental ■ Construction
June 20, 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
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Re: Resolution Accepting the MDH Grant for Source Water Protection Plan Implementation
WSB Project No. 1626-660
Dear Honorable Mayor, City Council and Staff:
Attached for your consideration is a resolution accepting and approving the grant agreement
between the Minnesota Department of Health (MDH) and the City of St. Anthony Village for
implementation of the Source Water Protection Plan.
This program enables local water suppliers to take actions to protect the source of their drinking
water. Grants made possible through the Clean Water Fund have been used across the state to
seal unused wells, install alternate emergency power systems, conduct community outreach, and
many other source water protection -related activities.
The MDH has reviewed the City's application and has determined the City of St. Anthony
Village is eligible to receive the maximum grant amount of $10,000.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
Minneapolis ■ St. Cloud
Equal Opportunity Employer
FACmmil McelingMD)25062620124LTR-lutim-062012 dp
63
64
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65
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-063
A RESOLUTION ACCEPTING AND APPROVING THE GRANT AGREEMENT
BETWEEN THE CITY OF ST. ANTHONY VILLAGE AND THE
MINNESOTA DEPARTMENT OF HEALTH FOR
IMPLEMENTATION OF THE SOURCE WATER PROTECTION PLAN
WHEREAS, The City of St. Anthony Village has submitted an application to the Minnesota Department
of Health for grant funding to assist with the implementation of the City's Source Water
Protection Plan; and
WHEREAS, "The Minnesota Department of Health has determined to provide funding far services
performed during the grant activity period up to a maximum grant amount of $10,000.
NOW, THEREFORE, BE 1T RESOLVED, by the City Council of the City of St. Anthony Village:
1) the City Council agrees to accept and approve the Grant Agreement between the City of St. Anthony
Village and the Minnesota Department of Health; and
2) the City Council hereby authorizes the City Manager and the City Clerk to execute said Agreement
for and on behalf of the City of St. Anthony Village.
Adopted this 26", day of June, 2012.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
IM
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67'
Encumbrance Worksheet
(Attach to all contracts. arants. and amendments)
Vendor Name:
Vendor Number:
City of St. Anthony Village
$ 10,000
Address:
Federal Employer I.D. or Social Security #:
3301 Silver Lake Rd. NE
�
City, State, Zip:
Minnesota Tax I.D. No. (if applicable):
St. Anthony, MN 55418-1667
$ 101000
Starting Fiscal Year:
2012
Total Amount of Agreement:
$ 10,000
Start Date: I
6/1512012
End Date: 6/30/2013
H123 2100
Accounting Information
Fiscal Year 1
Fund
Dept ID
Appr ID
Project ID
Activity ID
Amount
2302
H123 2100
H12552P
H12 -111-1011A
2137
$ 101000
H123
$
H123
$
H123
$
H123
$
CFDA # (if Federal $)
Fiscal Year 2
---- --...---
Fund
Dept ID
Appr ID
Project ID
Activity ID
Amount
H123
$
H123
$
H123
$
CFDA # (if Federal $)
Fiscal Year 3
---- --...---
Fund
Dept ID
Appr ID
Project ID
Activity ID
Amount
H123
$
H123
$ ----
H123
$
CFDA # (if Federal $)
mr_uinrW
NOTE: This page of the Agreement Contract contains confidential information and should not be reproduced or distributed externally without written
permission from the Vendor. Internal circulation of this page should only be to individuals/offices signing this Agreement Contract and those that require
access to the tax identification number.
Financial Management (651) 201-4622 7/26/11
68
Standard Grant Template Dated 1/242012
Grant Agreement Number _ _y,6.z_ _
Between the Minnesota Department of ealth and City of St. Anthony Village
Minnesota Department of Health
Grant Agreement
This grant agreement is between the State of Minnesota, acting through its Commissioner of the
Department of Health ("State") and City of St. Anthony Village ("Grantee"). Grantee's address is 3301 Silver
Lake Rd. NE, St. Anthony, MN 55418-1667:.
Recitals
1, Under Minnesota Statutes §114D.50 Clean Water Fund, the State is empowered to enter into this Grant
Agreement.
2. The State is in need of assisting public water suppliers to implement their source water protection plans.
3. The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to
the satisfaction of the State. Pursuant to Minnesota Statutes § 1613.98, subd, 1, the Grantee agrees to minimize
administrative costs as a condition of this grant.
Grant Agreement
1. Terrn of Agreement
1.1 Effective date June 15, 2012, or the date the State obtains all required signatures under Minnesota
Statutes § 16C.05, subd,, 2, whichever is later.
The Grantee must not begin work until this contract is fully executed and the State's Authorized
Representative has notified the Grantee that work may commence.
1.2 Expiration date June 30, 2013, or until all obligations have been fulfilled to the satisfaction of the
State, whichever occurs first.
1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 14.1 Publicity; 14.2
Endorsement; and 15. Governing Law, Jurisdiction, and Venue.
2. Grantee's Duties The Grantee, who is not a state employee, shall:
- Complete to the satisfaction of the State all of the following duties:
- Conduct well inventory and distribute educational materials to property owners at the time of
the inspection
- Mail survey materials to property owners of parcels with wells within the DWSMA
- On or before the end date of this Agreement, the Grantee shall provide the State with one electronic
copy of all final products produced under this Grant Agreement, including reports, publications,
software and videos. Any Grantee activity that involves data collection must be submitted to the State
upon completion of the project and in the format agreed by the State.
- The Grantee shall pay in full any contractor hired for the purpose of completing the work under this
Page 2 of 8
Standard Grant Template Dated 1/24/2012
Grant Agreement Number -K-211
Between the Minnesota Department of Health and City of St. Anthony Village
Grant Agreement within 10 days of receiving payment from the State.
The Grantee shall submit an itemized invoice for the total cost of the project
69
The Grantee shall submit a Final Report upon submittal of the Final Invoice. The Final Report shall be
due no later than the expiration day of this Grant Agreement. The Final Report shall describe activities
undertaken and accomplishments of each task, and any problems encountered in the performance of the
work under this Agreement, including the costs associated with completion of the tasks.
- Data collected during the project shall be reported in a format acceptable to the State.
In the event the Grantee is unable to begin grant activities or to satisfactorily perform the duties
specified in this grant agreement, including but not limited to paying the contractor in full for all work
performed by the contractor, the Grantee shall remit to the State within five days of demand all amounts
paid to the Grantee pursuant to this Grant Agreement -minus any actual expenses incurred and
specifically authorized, in advance, by the State and which are documented by adequate invoices
acceptable to the State.
3. Time The Grantee must comply with all duties within the time requirements described in this Grant
Agreement. The State is not obligated to extend this Agreement. In the performance of this Grant Agreement,
time is of the essence, and failure to meet a deadline may be a basis for a determination by the State's
Authorized Representative that the Grantee has not complied with the terms of the Grant Agreement and require
the Grantee to remit to the State all amounts previously paid to the Grantee.
4. Consideration and Payment
4.1 Consideration The State will pay for all services performed by the Grantee under this Grant
Agreement as follows:
(a) Compensation The Grantee will be paid according to the following breakdown of costs
Well inventor consultant and city staff)
$7,800
Letter / survey cit staff)
.$1,200
Education for owners of parcels with wells
$200
Postage
$800
TOTAL
$10,000
(b) Travel Expenses The Grantee shall not be reimbursed for any travel or subsistence expenses
whatsoever
(e) Total Obligation: The total obligation of the State for all compensation and reimbursements to the
Grantee under this Grant Agreement will not exceed $10,000 (ten thousand dollars)
Page 3 of 8
70
Standard Grant Template Dated_ 1/24/2012
Crant Agreement Number L.K/�6!l.&____
Between the Minnesota Department of Heaith and City of St. Anthony Village
4.2 Terms ofPaymeut
(a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice
for the services actually performed and the State's Authorized Representative accepts the invoiced
services. Invoices must be submitted in a timely fashion upon completion of the services.
The State does not pay merely for the passage of time
(h) Invoices must be submitted using the form attached as Exhibit A and submitted to:
Attn: Cristina Covalsehi
Source Water Protection
Minnesota Department of Health
PO Box 64975, St. Paul, MN 55164-0975
(c) If the final invoice is not received by the STATE before the end date of this Grant Agreement, the
Grantee may forfeit the final payment.
(rl) If necessitated by the nature of the project, the Grantee is allowed to reallocate up to 10% of the
amount originally awarded for a given expense category to another approved category without obtaining
permission from the State. Should the Grantee find it necessary to re -budget the Grant beyond the 10%
reallocation allowance, a written or e-mail request must be submitted to the State for approval.
S. Conditions of Payment All set -vices provided by Grantee pursuant to this Agreement must be performed to
the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all
services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances,
rules and regulations. The Grantee will not be paid for work that the State deems unsatisfactory, or performed
in violation of federal, state or local law, ordinance, rule or regulation.
6. Authorized Representatives
6.1 State's Authorized Representative The State's Authorized Representative for purposes of
administering this agreement is Randy Ellingboe, Health Program Manager Senior, 625 Robert Street N,
PO Box 64975, Saint Paul, MN 55164-0975, Phone number: 651-201-4647, email address:
Randy.Ellingboe n state.mn.us, or his successor, and has the responsibility to monitor the Grantee's
performance and the final authority to accept the services provided under this agreement. If the
services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice
submitted for payment.
6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is Mark Casey,
City Manager, 3301 Silver Lake Rd NE, St. Anthony, MN 55418-1667, phone: 612-782-3301. The Grantee's
Authorized Representative has full authority to represent the Grantee in fulfillment of the ternis, conditions,
and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time
during this agreement, the Grantee must immediately notify the State.
7. Assignment, Amendments, Waiver, and Merger
7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this
Agreement without the prior written consent of the same parties who executed and approved this
Agreement, or their successors in office.
Page 4 of 8
Standard Grant Template Da p[ed1/242012
Grant Agreement Number 6r 01/2 1Y_
Between the Minnesota llepartment of I lealth and City of St. Anthony Village
71
7.2 Amendments If there are any amendments to this Agreement, they must be in writing.
Amendments will not be effective until they have been executed and approved by the same parties who
executed and approved the original. Agreement, or their successors in office.
7.3 Waiver If the State fails to enforce any provision of this Agreement, that failure does not waive the
provision or the State's right to enforce it.
7.4 Merger This Agreement contains all the negotiations and agreements between the State and the
Grantee. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
8. Liability The Grantee must indemnify and bold harmless the State, its agents, and employees from all
claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this
agreement.by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any
legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreement.
9. State Audits Pursuant to Minnesota Statutes § 16C.05, subd. 5, the Grantee's books, records, documents,
and accounting procedures and practices of the Grantee, or any other relevant party or transaction, are subject to
examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six
(6) years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period
of time to satisfy all state and program retention requirements, whichever is later.
10. Government Data Practices and Data Disclosure
10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13, the Grantee and the
State must comply with the Minnesota Government Data Practices Act as it applies to all data provided
by the State under this agreement, and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of
Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Grantee
or the State.
If the Grantee receives a request to release the data referred to in this clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the release of the
data to the requesting party before any data is released. The Grantee's response to the request must
comply with the applicable law.
10.2 Data Disclosure Pursuant to Minnesota Statutes § 270C.65, subd, 3, and all other applicable
laws, the Grantee consents to disclosure of its social security number, federal employee tax
identification number, and Minnesota tax identification number, all of which have already been provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws
which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax
liabilities, if any.
11. Ownership of Materials and Intellectual Property Rights
11.1 Ownership of Materials The State shall own all rights, title and interest in all of the materials
conceived or created by the Grantee, or its employees or subgrantees, either individually or jointly with
Page 5 of 8
Standard Grant Template Dated �1/24�/20,1,2
/
Grant Agreement Number �
Between the Minnesota Department of Health and City of St. Anthony Village
others and which arise out of the performance of this grant agreement, including any inventions, reports,
studies, designs, drawings, specifications, notes, documents, software and documentation, computer
based training modules, electronically, magnetically or digitally recorded material, and other work in
whatever form ("materials").
The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall,
upon request of the State, execute all papers and perform all other acts necessary to assist the State to
obtain and register copyrights, patents or other forms of protection provided by law for the materials.
The materials created under this grant agreement by the Grantee, its employees or subgrantees,
individually or jointly with others, shall be considered "works made for hire" as defined by the United
States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted
to the State by the Grantee. Its employees and any subgrantees shall not copy, reproduce, allow or cause
to have the materials copied, reproduced or used for any purpose other than performance of the
Grantee's obligations under this grant agreement without the prior written consent of the State's
Authorized Representative.
11.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used
under this grant agreement do not and will not infringe upon any intellectual property rights of another
including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names.
Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought
against the State to the extent that it is based on a claim that all or parts of the materials infringe upon
the intellectual property rights of another. Grantee shall be responsible for payment of any and all such
claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable
attorney fees arising out of this grant agreement, amendments and supplements thereto, which are
attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's
opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or
license to continue using the materials at issue or replace or modify the allegedly infringing materials.
This remedy shall be in addition to and shall not be exclusive of other remedies provided by law.
12. Workers' Compensation The Grantee certifies that it is in compliance with Minnesota Statutes §176.181,
subd, 2, which pertains to workers' compensation insurance coverage. The Grantee's employees and agents, and
any contractor hired by the Grantee to perform the work required by this Grant Agreement and its employees,
will not be considered State employees. Any claims that may arise under the Minnesota Workers'
Compensation Act on behalf of these employees, and any claims made by any third party as a consequence of
any act or omission on the part of these employees, are in no way the State's obligation or responsibility.
13. Publicity and Endorsement
13.1 Publicity Any publicity given to the program, publications, or services provided resulting from
this grant agreement, including, but not limited to, notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the Grantee or its employees
individually or jointly with others, or any subgrantees shall identify the State as the sponsoring agency
and shall not be released without prior written approval by the State's Authorized Representative, unless
such release is a specific part of an approved work plan included in this grant agreement.
13.2 Endorsement The Grantee must not claim that the State endorses its products or services.
14. 'Termination
Page 6 of 8
_ 73'
Standard Grant Template Dated 1124/2012
Grant Agreement Number 7Y'� /r%
Between the Minnesota Deparnnent of Ilealth and City of St. Anthony Village
14.1 Termination by the State The State or Grantee may cancel this Grant Agreement at any time,
with or without cause, upon thirty (3 0) days written notice to the other party.
14.2 Termination for Cause If the Grantee fails to comply with any of the provisions of this Grant
Agreement, the State may terminate this Grant Agreement without prejudice to the right of the State
to recover any money previously paid. The termination shall be effective five business days after the
State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at
its last known address.
14.3 Termination for Insufficient Funding The State may immediately terminate this Agreement if it
does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be
continued at a level sufficient to allow for the payment of the work scope covered in this Agreement.
Termination must be by written or facsimile notice to the Grantee. The State is not obligated to pay for
any work performed after notice and effective date of the termination. However, the Grantee will be
entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent
that funds are available. The State will not be assessed any penalty if this Agreement is terminated
because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds.
The State must provide the Grantee notice of the lack of funding within a reasonable time of the State
receiving notice of the same.
15. Governing Law, Jurisdiction, and Venue This Grant Agreement, and amendments and supplements to
it, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this
grant agreement, or for breach thereof, shall be in the state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound
thereby.
APPROVED:
1. Grantee 2. STATE, AGENCY
The Grantee certifies that the appropriate persons(s) have executed the Grant Agreement approval and certification that STATF. funds have been
grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn. Stat. §§16A. 15 and 16C. 05.
articles, bylaws, resolutions, or ordinances.
By:
By:
Title:
Title:
Date:
Date:
By: _
Title:
Date:
(with delegated
Page 7 of 8
74 _
Standard Grant Template Date 1/244/2012
Grant Agreement Number %11>CDxllt
Between the Minnesota Department of Health and City of St. Anthony Village
Distribution:
Agency — Original (fully executed) Gant Agreement
Grantee
State Authorized Representative
Page 8 of 8
75
Division of Environmental Health Exhibit A
Section of Drinking Water Protection
P.O. Box 64975
St. Paul, Minnesota 55164-0975
651/201-4700
Source Water Protection Plan Implementation Grants
Invoice
141
Wnl rk Ttema�sand T+',xnendifaee'neverinhnn —use aia'aAdit.icmal nage Ifneclessarv�
$
$
"Total Expenditures ':'i $
Deduct amount of advance received i $
—T
t,
Net Invoice Amount to be Paid _ �3 a�.� , NI;
I declare that no part of this claim has been previously billed to MDH, and that the'rotal Expenditures rellect only charges related to the source
water protection project. I also declare that the data on this document is correct and all transactions that support this claim were made in
accordance with all applicable Federal and State statutes and regulations.
Authorized Grantee Signature Date
For Minnesota Department of health Use Only:
Grant Manager's Signature
Date
1"nvo9eb information
itu`
Is this the final invoice?
❑
Yes
❑
No
141
Wnl rk Ttema�sand T+',xnendifaee'neverinhnn —use aia'aAdit.icmal nage Ifneclessarv�
$
$
"Total Expenditures ':'i $
Deduct amount of advance received i $
—T
t,
Net Invoice Amount to be Paid _ �3 a�.� , NI;
I declare that no part of this claim has been previously billed to MDH, and that the'rotal Expenditures rellect only charges related to the source
water protection project. I also declare that the data on this document is correct and all transactions that support this claim were made in
accordance with all applicable Federal and State statutes and regulations.
Authorized Grantee Signature Date
For Minnesota Department of health Use Only:
Grant Manager's Signature
Date
hi61aCY
RFc_?FsrEarp 00kNOIL CONSIT)F TION
Report Date: June 26, 2012
Meeting Date: June 26, 2012
Resolution 12-064; Approving a Stewardship Fund Agreement with the Mississippi Watershed
Management Organization (MWMO) in the amount of $2,000 for a Pilot Study of Retention Rates
of Grassy Areas
In 2010, the St. Anthony's Public Works Department received a Mini -Grant from the MWMO to
purchase a Core Aerator.
This Stewardship Grant from the MWMO will have St. Anthony's Public Works Department use
the Core Aerator and conduct a Pilot Study to determine if retention rates of grassy areas can be
increased through deep core aeration backfilled with sand or other porous media.
There is a matching funds stipulation in the amount $1,000 that the City of St. Anthony will be
responsible for.
Attachments:
• Resolution 12-064; Approving a Stewardship Fund Agreement with the Mississippi Watershed Management
Organization (MWMO) in the amount of $2,000 for a Pilot Study of Retention Rates of Grassy Areas for the St,
Anthony Public Works Department
• Mississippi Watershed Management Organization Stewardship Fund Agreement Number 307-12-06
FACouncil Mectings12012106262012'staff mwmo grant.doc - I -
77
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THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-064
A RESOLUTION APPROVING A STEWARDSHIP FUND AGREEMENT WITH THE
MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (MWMO) IN THE
AMOUNT OF $2,000 FOR A PILOT STUDY OF RETENTION
RATES OF GRASSY AREAS
WHEREAS, the City of St. Anthony's Parks Works Department received a Mini -Grant
from the MWMO in 2010 offset the cost of a Core Aerator; and
WHEREAS, the City of St. Anthony's Parks Department has applied for and been
approved for a Stewardship Fund Grant from the MWMO; and
WHEREAS, City Anthony's Parks Department would conduct a Pilot Study to
determine if hydraulic retention rates of grassy areas in poor soil can
increase through deep core aeration backfilled with sand or other porous
media; and
WHEREAS, the Stewardship Fund is in the amount of $2,000 with the City of St.
Anthony matching funds of $1,000.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony
Village hereby approves a Stewardship Fund Agreement with the Mississippi
Watershed Management Organization (MWMO) in the amount of $2,000 for a Pilot
Study of Retention Rates of Grassy Areas.
Adopted this 26th day of Ltme 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
F \Council Meetings\2012\06262012\Rescity mwmo.doe
79
m
THIS PAGE LEFT INTENTIONALLY BLANK
S1EWARDS1111' FUND AGREEMEN'1'
Agreement Number: 307-12-06
17IIS AGRL?BML.NT is made the June 19th, 2012, by and between the Mississippi Watershed Management
Organization, a Minnesota joint powers organization (hereinafter "NIWMO") and Saint Anthony Village
(hereinafter: "Gr anter").
1. BACKGROUND
1.1. The MWMO has established the Stewardship Fund to provide financial assistance foe activities that
protect and improve water resources in the watershed in the following ways:
1) Improve water quality or improve water and natural resource management
Projects may reduce pollution (both point and non -point source) entering surface and
groundwater, prevent flooding, lessen the effects of drought, increase the capacity of the
watershed to store water, and/or restore or maintain habitat and native plant communities.
2) Build community understanding, knowledge, and initiative related to water and
natural resource issues and solutions
Projects should educate and engage people in the watershed regarding watershed issues, resulting
in awar:cness and changed behaviors. Organizations receiving grants will increase their capacity
to lead and promote water quality efforts.
1.2. Grantee has applied to the MWMO fa funds to pay for the project or program described in Fxhibit
A of this Agreement.
1.3. 'I'lie MWMO has determined that the project or program is consistent with the goals for: which the
Stewardship fund was created.
1.4. The MWMO is willing to fund the activities described in Exhibit A in accordance with the terms of
this Agreement.
2. SERVICES AND REPORTING
2.1. Grantee will perform the services described in Exhibit A in accordance with the schedule set forth in
Exhibit A.
2.2. Following completion of the services described in Exhibit A, Grantee will submit a final report to the
MWMO, as described in Exhibit A. Along with the Final report, Grantee shall submit the Financial
information, as described in Exhibit: A.
3. COMPENSATION AND FINANCIAL INFORMATION
3.1. The Grantee will be paid according to the detail identified in Exhibit A up to the maximum amount
of $2,000.00 two thousand and 00/100 dollars All other costs incurred by Grantee in connection
with performance of the Grantee's obligations under this Agreement will be the responsibility of the
Grantee.
3.2. Grantee will submit a record of all expenses incurred and all receipts and invoices (originals or
copies) related to the project, as described in the project Budget in Exhibit A.
Page 1 of 7
82
STFWARDSI IIP IMND AGRITMENT
Agreement Number: 307-12-06
4. GENERALTERMS
4.1. Amendments. An Amendment to this Agreement must be in writing and executed by the MWMO and
the Grantee as described in 7Whibu A.
4.2. Independent Contractor. Grantee will act in all respects as an independent contractor under this
Agreement and will be solely responsible for performance of services required hereunder as well as
the means and manner of petfornnance thereof. The MWMO will not be an employer, partner or
coventurer with Contractor for any purpose and will have no responsibility or liability for the acts or
missions of the Grantee. Nothing herein authorizes Grantee to act as an agent, representative, or
employee of the MWMO for any purpose whatsoever.
4.3. Ownership and Use of Work Product. Except as provided in 1?xhibit AA all data, notes, working
papers, reports and other work products produced in fulfilling the Grantee's obligations under this
Agreement (hereinafter "\Vork Product") shall become, upon creation, the exclusive property of the
MWMO. Grantee may not use the Work product or any othei deliverables under this Agreement for
any purpose other than fulfilling its obligations under this Agreement without the prior written
consent of the MWMO. The JAWN40 may grant or deny Graniec's application for such consent or
may condition its consent on the payment of compensation or the imposition of such other
conditions as the MWMO deems appropriate.
4.4. Naming Rights and Acknowledgennetits. MWMO shall, except as provided in I'xhibit A have their
name and logo represented in the materials that are developed and will be acknowledged in printed
materials, publications, presentations and other uses and matcrmis developed under this Agreement.
4,5. Capital Equipment Purchases. Any property purchased with funds under this Agreement will
become the property of the MWMO, except as provided in ]] xhibit A.
4.6. Conflict and Priorit}..Gxhibu A of this Agreement is attached and made a part of this Agreement. To
the extent of any inconsistency between this Agreement and Exhibit A, Exhibit A will control.
4.7. Substitutions and Assignments. 'Except if provided for in Exhibit A, services by the Grantee will be
performed by the Grantee. No assignment of this Agreement shall be permitted without an
amendment signed by the MWMO and the Grantee as specified in 4.1 Amendments.
4.8. Data Practices. The Grantee agrees to comply with the Minnesota Government Data practices Act and
all other applicable state and federal laws relating to data privacy or confidentiality. The Grantee will
immediately report to the MWMO any requests from third parties for information relating to this
Agreement. The MWMO agrees to respond promptly to inquiries from the Grantee concerning data
requests. The Grantee agrees to hold the MWMO, its officers, and employees harmless from any
claims resulting from the Grantee's unlawful disclosure or use of data protected under state and
federal laws.
4.9. Compliance with the Law. Grantee agrees to abide by the requirements and regulations of The
Americans with Disabilities Act of 1990 (ADA), the Minnesota Iluman Rights Act (Minn. Stat.
C.363), and Title VII of the Civil Rights Act of 1964. 'These laws deal with discrimination based on
race, gender, disability, and religion, and with sexual harassment. In the event of questions from
Grantee concerning these requirements, the M\VMO agrees to promptly supply all necessary
clarifications. Violation of any of the above laws can lead to termination of this Agreement.
Page 2 of 7
SIEWARDSIIIP FUND AGlUEMENT
Agreement Number: 307-12-06
4.10. Audits. The Grantee agrees that the M\X/MO, the State Auditor or any of their duly authorized
representatives, at any time during normal business hours and as often as they may reasonably deem
necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books,
documents, papers, and records that are relevant and involve transactions relating to this Agreement.
4.11, Grantee's Insurance. In order to protect the MWMO and those listed below under the
indemnification provision, the Grantee agrees at all times during the term of this Agreement and
beyond such term when so required, to have and keep or cause to have and be kept in force, and to
cause all contractors and subcontractors to do likewise, to carry insurance in amounts that will enable
completion of the services under this Agreement. It is the sole responsibility of the Grantee to
determine the need for and to procure additional insurance that may be needed in connection with
this Agreement:. Copies of policies will be submitted to the .MWMO upon written request.
4.12. Indemnification. The Grantee agrees to defend, indemnify and hold harmless, the MWMO, its
officials, officers, agents and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or
indirectly from any act or emission of the Grantee, its contractors or subcontractors or anyone
directly or indirectly employed by chem, or anyone volunteering for them, o any party that directly
or indirectly benefits from the activities specified in this Agreement, or anyone for whose acts or
omissions they may be liable in the performance of the activities specified in this Agreement and
against all loss by treason of the failure of the Grantee to perform fully, in an), respect, all obligations
under this Agreement.
d. 13. Cancellation and Revocation. The MWMO may cancel this Grant /Agreement for just cause. Just
cause means that the Grantce is not disbursing funds in accordance with established procedures, or
has otherwise breached a term of this Agreement. The Grantee will be given written notice 14
calendar days prior to cancellation. Such notice shall be by certified mail addressed to the Grantee's
Primary Contact as designated in Exhibit n of this Agreement. Additional secondary contacts may
be designated in Iixhibit. A. The cancellation shall be effective on the beginning of the 15th clay after
such notice is given unless an agreement of a cure for the breach is reached within such 14 -day
period or the MWMO's authorized representative allows an extension in writing. The Grantee may
cancel this Grant Agreement with or without cause. In the event of cancellation by the MWMO or
the Grantee, the Grantee is entitled to payment, determined on a pro rata basis, for work
satisfactorily performed, and the remaining grant funds must be returned to the MWMO within
thirty (30) calendar days.
4.14. Tenn of Agreement. This Agreement will be effective when all necessary approvals and signatures
have been obtained, and will terminate on October 31 2013, or the date all obligations have been
satisfactorily fulfilled by both parties, whichever comes first.
4,15. Notices. Any notice or demand authorized or requited under this Agreement, as described in Sections
4,1, 4.3, 4.5, 4.7, 4.11, 4.13, shall be in writing and shall he sent to the other party as follows:
1. I3y certified mail for Cancellation and Revocation, as described in Section 4.13
2. By electronic or regular mail for all other communications
Any notice or demand authorized or required under this agreement shall be sent to the other party as
follows:
To the Grantee: Saint Anthony Village
Primary Contact: Jay Ilariman, Director of Public Works
3301 Silver Lake Road
Saint Anthony, Minnesota 55418
FEIN: 41-6005512
Page 3 of 7
M.
M/
STI WARDS1111) FUND AGREEMENT
Agreement Number: 307-12-06
l'o the MW.MO: Frici Sniegowski, F,ducation & Outreach Specialist
2522 Marshall Street Northeast
Minneapolis, Minnesota 55418
IN WITNESS WI IER1?OF, the parties have caused this Agreement to be duly executed intending to be
bound thereby.
GRANITT?
STEWARDSHIl' FUND AGRE'EMEN'T
Agreement Number: 307-12 06
RXT-TTRTT A
85
Grrntcc Orgnnizniion:
Primary ComacC
Saint Anthony Village
)ay 1lartman, Director of Public Works
Mailing Address
city/slate/Zip Code:
3301 Silver l,zke Road
Saint Anthony,MN 55418
Tebphone Number --
-I5Mall:
612 782-3314
— —
jay.harttman rxci.saint-any.mn.us
ntho-k
W
Work Dales:
Federa1131N:
From June 19, 2012 to October 31, 2013
41-6005512
BACKGROUND
The City of Saint Anthony Village previously received a Mini Grant in 2010 to purchase a core aerator.
Scope of Project
In this project the Grantee will conduct a pilot study to determine if hydraulic retention rates of grassy areas
in poor soil can be increased through deep core aeration backfilled with sand or other porous media.
Project Activities (Section 1.4)
The Grantee will:
1. Identify a Green Corp Intern to assist with the pilot study.
2. Install a flow rate device at the pilot study location (2700 & 2704 Paul Ave in Saint Anthony Village).
3. Collect pre turf improvement data.
4. Deep care aerate the pilot study site and backfill with sand or other porous media.
5. Collect post turf improvement data
6. Compile data from the pilot study and summarize results.
7. Create educational materials from the study results, including an article in Saint Anthony's newsletter and a
fact sheet.
The Al IVA40 njill review, the tvater-guafi�, related mnlent of all, edacaiion materials prior to lheir use. Please allon, a
,minimum of 7 days for mvmm,
8. Participate in Closeout activities with the MWMO.
SERVICES AND REPORTING
Deliverables (Work Products)
The Grantee will provide the MWMO with:
1. Photos from the pilot study.
2. A summary of the results of the pilot study, including recommendauons for the use of this technique.
3. Copies of any educational materials developed from the study.
4. Copies of any mailings or marketing done for the project.
5. Copies of any articles or press releases associated with the project.
6. A Final Report (see belme).
7. Deliverables will be provided to the MWMO in digital format, when possible.
Page 5 of 7
86
STEWARDSI IIP FUND AGREEMENT
Agreement Number: 307-12-06
Final Reporting (Section 2.2)
The Grantee will:
1. Provide the MWMO with a copy of a Final Report completed according to the provided 'Final Report
Guidelines.
2. Provide the MWtVMO with it record of all eligible expenditures (receipts, invoices, other pertinent
documentation) incurred according to the Project Budget identified in Exhibit A.
COMPENSATION AND FINANCIAL INFORMATION
Project Budact
Item
MWMO
Foods
Matching
Funds
Total Project
Costs
_
Staff time
$ 500-00
Consultants
_
_
$500.00
__$500.00
$500.00
Phhsical construction
$50.00
$y50.00
Soil and mulch
Projcctrelatededucational materials
$500.00
$20000
_
_ $500.00
$200.00
Site monitoring ---_
Su i ilies
$1,20000
$50.00
$1,200.00_
$50.00
_ _ —
Total:
$2,000.00
$1,000.00
$3,OOO--
Reimbursement Requirements
Reimbursements shall be submitted using the MWMO digital Reimbursement Form. Expenses incurred prior
to the 1AWNIO's signature date are not eligible for reimbursement.
Payment Schedule
Upon receiving a signed contract, the MWMO will disburse $1,000.00 (one thousand and 00/100 dollars) or
50% of the total MWMO funding.
The remainder of the MWMO funding will be disbursed when the following conditions are ince
a. Receipt and approval ofthe Final Report and all deliverables on or before October 31. 2013.
b. Receipt and approval of the final Reimbursement Form on or before October 31 2013.
The MWMO will disburse remaining- funds within 30 calendar days of receipt and approval of final Report
and final Reimbursement Form.
GENERALTERMS
Amendments (Section 4.1)
Any request to amend this Agreement must be received by the MWMO 30 calendar days prior to this
Agreement's final deadline (Section 4.14).
Page 6 of 7
S17 WARDSI III) FUND AGREEMENT
Agreement Number: M7-12-06
Ownership and Use of Work Product (Section 4.3)
Ownership and Use of Work Products created with the funding provided in this Agreement may remain in
the name of the Grantee.
Naming Rights and Acknowledgements (Section 4.4)
The MWMO logo and acknowledgements will be. utilized according to the MWMO Corporate Identity
Graphic Standards and direction of the M\XIMO Education and Outreach Specialist, Executive Director, or
Education and Outreach Manager.
Capital Equipment Purchases (Section 4.5)
Equipment and resources, such as books and field guides, purchased with the funding provided in this
Agreement may remain in the custody of the Grantee so long as it is used for the Purposes of promoting and
supporting the project's goals; or as deemed necessary b}, the MWMO, the MWJv40 may takc Possession of
the equipment to use it for 1\1WMO pur posts.
Page 7 of 7
87
88
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M
Report Date:
Meeting Date:
RQP-kl ,ST-FQ R 00kNOIL OQMSrZ)FR�4PON
June 26, 2012
June 26, 2012
Resolution 12-065; Accepting a Donation from the Kiwanis Club of St. Anthony for the St.
Anthony Police Department to offset Community Services costs.
The St. Anthony Police Department has received a donation from the Kiwanis Club of St.
Anthony in the amount of $500.00. This donation will be used to offset Community Services
costs.
Attachments:
* Resolution 12-065; Accepting a Donation from the Kiwanis Club of St. Anthony for the St. Anthony Police
Department to offset Community Services costs.
FACouncil Mcetings120121062620121staffkiwanis.doc - 1 -
90
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CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-065
A RESOLUTION ACCEPTING A DONATION FROM KIWANIS CLUB OF ST.
ANTHONY FOR THE ST. ANTHONY POLICE DEPARTMENT TO OFFSET
COMMUNITY SERVICES COSTS
WHEREAS, the City of St. Anthony's Police Department received a donation
from the Kiwanis Club of St. Anthony in the amount of $500.00;
and
WIIEREAS, the St. Anthony Police Department will apply the donation to the
costs associated with Community Services.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village hereby accepts a donation from the Kiwanis Club of St.
Anthony for the St. Anthony Police Department to offset Community Services
costs.
Adopted this 26th day of une 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
F:\Council Meetings\2012\06262012\Res kiwanis donation.doe
91
92
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A
rA,
YMSQ
Engineering r Planning w Environmental ■ Construction
June 21, 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
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4600
Fax: 763-541-1700
Re: Resolution Authorizing the City of St. Anthony Village to submit a Total Maximum
Daily Load (TMDL) Grant Application.
Dear Honorable Mayor, City Council and Staff:
Attached for your consideration is a resolution authorizing the submittal of the Total Maximum
Daily Load (TMDL) grant application to the Minnesota Public Facilities Authority (PFA) and to
authorize City officials to execute the grant agreement on behalf of the City of St. Anthony
Village for the Silver Lake Phosphorus removal treatment system.
Submittal requirements and timeframes for processing this grant application:
• Prepare cost estimate —July 31, 2012
• Submit grant application — July 31, 2012
• Prepare preliminary plans — February 1, 2013
• Prepare final plans — April 1, 2013
• Obtain bids — May 1, 2013
• Submit as -bid costs to the PFA and MPCA — No later than June 30, 2013
At any point in the process the City will be able withdraw the grant application if they determine
that it is not in the best interest of the City. This grant application will enable the City of St.
Anthony Village to achieve 76% of the required reduction identified in the Silver Lake TMDL
Waste Load Allocation (WLA).
We have discussed this project with the FFA and MPCA and they have determined that this
project is eligible to receive TMDL grant funds.
Minneapolis ■ St. Cloud
Equal Opportunity Employer
K:1018265705ndmimV?ocsY'SM[�L Graah7MD[. Gram ItesoMm Cmw Law.d—
93
• A
City of St. Anthony Village
6/21/12
Page 2
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
rcwr.issiuma��.m>...nn:oILIA�mmni. a—"a. iwionco.<,Iou'I-'
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 12-066
A RESOLUTION AUTHORIZING THE CITY OF ST. ANTHONY VILLAGE TO SUBMIT A
TOTAL MAXIMUM DAILY LOAD (TMDL) GRANT APPLICATION
TO THE MINNESOTA PUBLIC FACILITES AUTHORITY (PFA) AND TO AUTHORIZE CITY
OFFICIALS TO EXECUTE GRANT AGREEMENT ON BEHALF OF THE CITY OF ST.
ANTHONY VILLAGE FOR THE SILVER LAKE PHOSPHORUS REMOVAL TREATMENT
SYSTEM
WHEREAS, under the provisions contained in Minnesota Statutes 446A.073 the TMDL grant program
was created and funds appropriated; and
WHEREAS, a TMDL study has been approved by the U.S. Environmental Protection Agency and the
Minnesota Pollution Control Agency has determined the Silver Lake Phosphorus Removal
Treatment System is necessary to meet the wasteload reductions required by the TMDL,
and
WHEREAS, grant monies will provide up to 50% of eligible improvements,
WHEREAS, to remain eligible for these funds, as -bid costs must be submitted to the PFA and MPCA
and,
WHEREAS, these costs must receive MPCA certification no later than June 30, 2013.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony Village that:
I) The City of St. Anthony Village has the legal authority to apply for the grant, and the financial,
technical, and managerial capacity to ensure proper construction, operation and maintenance of
the project for its design life.
2) Upon approval of its application by the PFA, the City of St. Anthony Village may enter into an
agreement with the PFA for the above referenced project, and that the City of St. Anthony Village
certifies that it will comply with all applicable laws and regulations as stated in all contract
agreements described in the Compliance listing of the grant application.
3) The Mayor and City Manager are hereby authorized to execute such agreements, and amendments
thereto, are as necessary to implement the above project on behalf of the City of St. Anthony
Village.
Adopted this 26°i day of June, 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
Cs U"'.'43nrb.S,,( ,, Dnamienls'Ree YAP)], G, am'I"",
95
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m
OYr
Associates, Inc. Infrastructure ■ Engineering ■ Planning r Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
CITY OF ST, ANTHONY VILLAGE MEMORANDUM
To: St. Anthony Village Planning Commission
From: Jacqueline Corkle, PTP, AICP Interim City Planner
Date: June 11, 2012
Planning Commission Regular Meeting for June 19, 2012
City Council Regular Meeting for June .26, 2012
WSB Project No. 01626-630
Request: Request for a Variance to Exceed the Amount of Lot Coverage
RECOMMENDATION
The Applicant's request for a variance to exceed the maximum amount of impervious surface is
reasonable and consistent with the City's Comprehensive Plan. Based on our review, staff recommends
approval of the requested variance to exceed the maximum amount of impervious surface for the property
located at 33013 1 st Avenue subject to the conditions as outlined in Exhibit D.
GENERAL INFORMATION
Applicant: Curt and Jane Wollan
Owner: Same as above
Location: 3301 31st Avenue NE
Existing Land Use / Low Density Residential/zoned: Rl; Single Family
Zoning:
Surrounding Land North: Low Density Residential; zoned Rl; Single Family
Use / Zoning: East: Low Density Residential; zoned R1; Single Family
South: Low Density Residential; zoned R1; Single Family
West: Low Density Residential; zoned R1; Single Family
Deadline for Agency Application Date: 05-4-12
Action: 60 Days: 07-2-12
Letter Sent: N/A
120 Days: 08-30-12
CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE
1, Background
The property owners are interested in adding steps to the front of their house and constructing a
sidewalk and patio from the driveway to the front steps. The property currently does not have
permanent steps to the front door area. The property owner had submitted a building permit for staff
approval of the proposed improvement. Staff reviewed the proposed improvement and recognized
that the subject property already exceeded the impervious surface limits for the R -I district and that
the proposed improvement would exacerbate the situation.
98 June 20, 2012
Page 2
Staff informed the property owners that a variance would be required if they wanted to proceed with
the proposed improvement. The property owner has submitted the required paperwork for a variance
application. At the May 15, 2012 Planning Commission meeting, the Planning Commission directed
the property owner to verify the amount of impervious surface by recalculating the driveway totals
from the property line instead of from the street. The Planning Commission also asked the owners to
investigate permeable pavers as possible options for constructing the patio area.
Since the May 15, 2012 meeting, staff has consulted with the property owner and they have
recalculated the amount of impervious surface on their driveway. As expected, the amount of
impervious has decreased. Staff also encouraged the property owner to use pervious pavers for the
patio portion of the improvement to reduce the amount of water runoff on the site or to reduce the size
of the patio area to limit the increase in impervious surfaces.
The property owner has recalculated the amount of impervious surface to exclude the potion of the
driveway that is in the right of way. The owner has also reduced the size of the patio so that it really
functions as a landing for the stairs rather than a patio.
2. Overview
The property is located at 3301 31st Avenue NG. According to Hennepin County property records,
the lot is 68 x 134.27. The lot is approximately 9,131 square feet. Current impervious surface on the
site includes the following:
• Garage 437 square feet
• I -louse = 2,565 square feet
• Driveway = 2,009 square feet
Total impervious surface is 5,011 square feet. Approximately 54.9 percent of the property is covered
by impervious surface. The Zoning Ordinance limits impervious surface to 35 percent on properties
that are 9,000 square feet or larger. 'fine proposed improvement will add 180 square feet of
impervious surface to the lot, bringing the total impervious surface to 5,191 square feet. This would
result in approximately 56.9 percent of the property being covered by an impervious surface.
The amount of impervious surface currently on the property can be attributed to the house being
constructed in the 1940s, prior to the implementation of the impervious surface ordinance. When the
home was constructed, the garage was placed in the rear of the property, resulting in an unusually
long driveway, which accounts for 40 percent of the existing impervious surface.
The proposal would allow for a safer access between the driveway and the front door. The lack of an
existing walkway and stairs creates unsafe conditions on the property, especially during the winter
months. A paved walkway cold be shoveled and the stairs would reduce the possibility of slipping
due to an unsafe grade.
3. Ordinance Authority. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.039
Dimensional Regulations, (H) `'file lot coverage for residential structures on lots with an area 9,000
square feet and above may not exceed 35%."
4. Criteria for Variance. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.245, (C)
Evidence, lists the criteria the City Council must consider in determining whether to grant o• deny a
variance. The applicable criteria include:
June 20, 2012
Page 3
1. The subject matter of the application is within the scope of this section.
The application for a variance is necessary considering the proposal would result in the property
further exceeding the maximum amount of allowable impervious surface. Criteria met.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not permitted
by the zoning code;
The home currently does not have front steps or a connection from the front entrance to
the driveway. Front steps or a walkway to the driveway are common among most homes
in the neighborhood. The lack of an existing walkway from the driveway to the front
door creates unsafe conditions on the property. Therefore, staff finds the proposal
reasonable. Criteria met.
b. The plight of the property owner is due to circumstances unique to the property not
created by the property owner;
The home was built in the 1940s prior to the implementation of the impervious surface
ordinance. The garage was constructed in the back of the property and the driveway
extends nearly the depth of the property to reach the garage, accounting for a significant
portion of the impervious surface. These conditions existed when the homeowner
purchased the property and are, therefore, not the fault of the property owner. Criteria
met.
c. The variance, ifgranted, will not alter the essential character of the locality; and
Granting the variance would not alter the essential character of the locality. The use of
the property would not change if the variance is granted. Walkways connecting the
driveway to the front door are common in the neighborhood. Granting the variance
would improve the appearance of the property and have a positive impact on the
neighborhood. Criteria met.
d. Economic considerations alone are not the basis of the practical difficulties.
The applicant wishes to construct a sidewalk for safer access from the driveway to the
front door and to provide an entrance step to the front door. While the proposed
enhancements will improve the appearance and property value, economic considerations
alone are not the basis of the practical difficulties. Criteria met.
3. The variance, ifgranted, would be consistent with the city's comprehensive land use plan.
If the variance is granted, the use of the property would remain the same. Tile comprehensive
plan guides this property for low density residential and is consistent with the application for a
variance. Criteria met.
4. The granting of the variance is in harmony with the general purposes and intent of the zoning
code.
,The intent of the zoning code is to protect the health, safety, and general welfare of the city and
its people through the establishment of minimum regulations governing land development and
use. The zoning code is established to:
10 OJune 20, 2012
Page 4
a. Protect the use districts;
The proposal would not change the use of the property. The current use is consistent
with the zoning code. Criteria met.
b. Promote orderly development and redevelopment;
The proposal seeks to make an improvement to the property which staff finds to be
orderly. Criteria met.
c. Provide adequate light, air, and access to property;
The proposal would not negatively impact adequate light or air from reaching the
property or adjacent properties. The proposal seeks to improve access to the home.
Criteria met.
d. Prevent congestion in the public streets;
The proposal will have no impact on the amount of congestion in the public street.
Criteria met.
e. Prevent overcrowding of land and undue concentration of structures by regulating land,
buildings, yards, and densities;
The proposed improvement will increase lot coverage on a lot that already exceeds the
limits in place by the City's Zoning Code. The additional increase in impervious surface
has been minimized by the property owner to the extent practical in order to complete a
connection between the home and the driveway. In discussions with the City Engineer, it
is not believed that the additional square footage of impervious surface would have a
negative impact on water drainage in the area. Criteria met.
f. Provide for compatibility of different land ztses;
The proposal will not result in a change of land use, nor will it conflict with adjacent land
uses. Criteria met.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission unanimously voted in favor of recommending the requested variance subject
to the conditions outlined in the resolution.
POTENTIAL ACTION
1. Request Additional Information and Continue the Public Hearing. The Applicant appears to
have provided enough information for the Planning Commission to make a recommendation to
approve or deny the request. Should the Planning Commission request additional information
from the Applicant, the Planning Commission should continue the public hearing until a later
time.
2. Recommend Approval (with or without conditions) of the Variance. In the event of a
recommendation for approval (with or without conditions), the Planning Commission may refer
to Exhibit D, and may modify the draft resolution for approval to include any conditions that it
deems necessary.
3. Recommend Denial of the Variance. In the event the Planning Commission chooses denial of
the requested variance, it should clearly state its reasons for the denial recommendation.
101
CITY OF ST. ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 12-067
RESOLUTION APPROVING A VARIANCE TO EXCEED THE MAXIMUM
ALLOWABLE AMOUNT OF IMPERVIOUS SURFACE FOR THE PROPERTY
LOCATED AT 330131 ST AVENUE
WHEREAS, the City of St. Anthony Village received a request from the
Applicants Curt and Jane Wollan for a variance to exceed the allowable amount of
impervious surface for the property located at 3301 31st Avenue on May 4, 2012, legally
described as follows:
SOUTH '/2 OF THAT PART OF LOT 38 LYING SOUTH OF THE NORTH 30 FEET OF SAID
LOT, BLOCK 1, "BONNIE -VIEW HEIGHTS, HENNEPIN COUNTY, MINN"
WHEREAS, the Applicant has requested a variance to exceed the allowable
amount of impervious surface in order to construct a walkway and patio in the front yard;
and
WHEREAS, the Planning Commission reviewed and considered the request
based on the related documents shown in the Applicant's application and revised
improvement plan at their regular meeting on June 19, 2012; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
St. Anthony Village approves the Applicant's variance request based on the following
findings:
The requested variances are consistent with all the standards for granting a
variance as described in Section 152.245 of the St. Anthony Village Zoning
Code. More specifically, the City Council finds that the requested variance is
justified for the following reasons:
a. The property owner is proposing to use their property in a reasonable
manner not permitted by the zoning code. Most homes in the
neighborhood have an entrance that is connected from the driveway to the
front door.
b. There are circumstances unique to the property not created by the property
owner. The home, garage and driveway were built in the 1940s according
to the property owner. This would have been prior to lot coverage surface
rules. As a result, the garage is located at the back of the property,
resulting in an unusually long driveway. This driveway accounts for a
significant portion of the existing impervious surface. These conditions
were not created by any persons presently having an interest in the parcel
of land.
102
c. Granting the variance will not alter the essential character of the locality.
If anything, it will make the home more in keeping with the surrounding
neighborhood by having a front step and connecting walkway.
d. Economic considerations alone are not the basis of the practical
difficulties.
e. Granting the variance is consistent with the city's comprehensive land use
plan and is in harmony with the general purposes and intent of the City's
Zoning Code relating to protecting the use districts. The use of the
property will remain the same as it is today.
f Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to promoting orderly development and
redevelopment. Staff believes that providing a front door step and
walkway is consistent with promoting orderly redevelopment.
g. Granting the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to providing adequate light, air and
access to property. The project will not impact adjacent properties in their
ability to receive adequate light and air, or to access their property.
h. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code relating to preventing congestion in public
streets. The project will have no impact on congestion.
i. Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code to provide for compatibility of different land
uses. The project will have no impact on land use compatibility.
Allowing the variance is in harmony with the general purposes and intent
of the City's Zoning Code to prevent overcrowding of land and undue
concentration of structures by regulating land, buildings, yards and
densities. The Applicant has minimized the amount of additional
impervious surface to the extent possible. The City Engineer has reviewed
the proposed plan and has determined that the additional amount of
impervious surface will not be detrimental.
NOW THEREFORE HE IT FURTHER RESOLVED, that the City Council's
approval of the requested variances are contingent on the following:
1. The Applicant shall submit the appropriate plans and permits for review and
approval before beginning construction of the proposed walkway and patio.
2. The Applicant shall use the revised proposed improvement plan shown in
Exhibit C for their building permit application.
3. The proposal shall result in an addition of no more than 180 square feet of
impervious surface.
APPROVED in the regular session of the City Council on June 26, 2012.
Attested:
Barb Suciu, City Clerk
Review for Administration:
Jerome O. Faust, Mayor
Mark Casey, City Manager
103
104
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145
• Comprehensive Annual Financial
Report
• State Legal Compliance Report
• Report on Internal Controls
• Audit Management Report
• COMInUnication with Those Charged
with Governance
TAJTGEs RED PATH, LTD.
' Cen)iW WbHr A([dU.�lJ�15
106
The financial statements are the
responsibility of management
The role of the Independent Auditor is
to report on the fair presentation of
the financial statements
"Clean opinion" issued on the 2011
financial statements
TIKITGES REOPATX, LTD.
' Cn�JPN PoWrcArrvnnlanle
Required by Minnesota Statute §6.65
OSA audit guide covers seven
categories
1) contracting and bidding
2) deposits and investments
3) conflicts of interest
4) public indebtedness
5) claims and disbursement
b) other miscellaneous provisions
7) tax increment provisions
No findings of noncompliance
TALTGES REOPATX, LTD.
. anJ'M ww+�eac�rann
107
• Consideration of internal control as a
basis for designing audit procedures.
No opinion on internal control.
• Two deficiencies reported
• The deficiencies are listed in the
Internal Control Report.
• Finance Department has included their
response to these findings in the
internal Control Report
TAurGCs REOPATH, Lro.
Legal Compliance— no findings in 2010
or 2011
Internal Control
— Findings repeated in 2011:
• Lack of segregation of duties
• Oversight of financial statement preparation
® TAUTGEs RFOPATH. tT9.
..... .. ... .. - Crr•1ird AiMkArcaunm.M�
2005-2011 Findings
Internal Control
Legal
Material
Significant
Year
Compliance
Weakness
Deficiency
Total
2005
2
2
4
S
2008"
2
2
7
9
2007
1
2
6
6
2008
0
1
3
4
2009
0
0
2
2
2010
0
0
2
2
2011
0
1
1
2
` new standards
effective
® TAUTGEs RFOPATH. tT9.
..... .. ... .. - Crr•1ird AiMkArcaunm.M�
MMI
General Fund:
m Fund balance increased $78,137 during
2011.
TAUT6BS Rl6PATM, L70.
Grr,Rrd FVA'#Ar<ownnn
• An allocation of the $1,702,837
General Fund balance at December 31,
2011 is as follows:
Nonspendable - prepaid items $55,271
Unassigned 1,647,566
Total fund balance $1,702,837
i
TAuTGEs C,.7WXbikAPAWTN,—,
Fawrable
Final
(Ualavorabla)
Budget
Actuel
Variance
Rarenua
$4,933,300
$5,083,730
$160,430
Expendt—
5,371,900
5,359,283
12,607
Net i -,.-a (deureasa) in land balance (43000)
(275,563(
163,037
Other financing 5 W.es (.os).
Tiansfars frons other funds
419,900
419,900
Transfers to other funds
166.i(q
(66,100)
Total change in General Fund balance
{984,990)
579,137
$163,037
TAUT6BS Rl6PATM, L70.
Grr,Rrd FVA'#Ar<ownnn
• An allocation of the $1,702,837
General Fund balance at December 31,
2011 is as follows:
Nonspendable - prepaid items $55,271
Unassigned 1,647,566
Total fund balance $1,702,837
i
TAuTGEs C,.7WXbikAPAWTN,—,
109
• The fund balance available at
December 31, 2011 is sufficient to
meet the City's policy for minimum
unassigned fund balances as follows:
2012 budget
$5,498,650
Less:
Police seneces to other cities
(1,031,050)
Net 2012 budget
4,467,600
Minimum valance
3095
City minimum working capital fund balance
$1,340,280
Unassigned amount awilable at 12131/11
$1,647,566
Actual percent of budget
36.88%
TAUTOES R PATH, LID.
-- Water and Sewer Enterprise Fund:
• Water operations for the past five years is
as follows:
31.000,000 15'.tee
5750.000
5000,000 - - S650.w Oye—
SZOw ESSO,OW lie.-enae.ml
3800,000 SSW.WQ PiP—
S"+50.W0 SMAW
SZON M.
S850.00 5850.W0
MAN 5800.000
SMOW WO.000
SSWAW SSW,WO
SM—WO 5650.000
S4W.000 S4W.OW
5350.000 33501000
5300.000 S3W,ow
S250,000 MAW
S200,OW 52W,000
SISgaW 5150,800
ss%
So00 - 3100.000
SSo,OW 550,000
S - S
20o1 2008 2007 24110 2011
• The City implemented tiered water rates
effective January 1, 2010. The City has
increased water rates for 2012.
IFAUTGES CWr,rert 0::18x10 �.•.ty... vnh»n,. yin �Ce� R+Mk0FATH, ILTO.
lla
- Liquor Fund:
• 2011 net income before transfers is
$462,313.
• An analysis of 2011 activity is as
follows:
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16H,i
lcl neaoe 6omopernlionl
298,1x6
xP6 192,x35
6,1% .H1311
T,U3
Tk1 nnopvltn8 n'.'�nn
fcgwlwl
ruxm
1ora1 lax5m
10.S1W Iza.?ves
Iaaa
Wnmc bcfm Yamkw
ySPLP}l
'lY.: 5186,85
3.9!: S451j 13..
GS!:
<vm��al,e-111n5r.�e r,.q.n�. un 11 0hrU-1. IMAM�.
111
- Liquor Fund:
• Operating Expenses
—Operating expenses for the past
eight years have been as follows:
. ... ® CAdW&NbIkAPAtolrwNbnTO.
I IRA
• Total HRA Fund balance is $1,132,690.
• The fund balance in the various accounts
are as follows at December 31, 2011:
Fund
Percent of Sales
Year
Amount
citx
StateAVA.
2004
$678,419
17.8%
17.91/.
2005
854,207
16.1%
17.91%
2006
929,338
16.00/o
18.0%
2007
985,377
15.9°/
18.60/
2008
1,049,110
16.50/0
17.21/9
20019
1,058,977
16.01'/0
17.9^/0
2010
1,106,675
16.2%
17.91/o
2011
1,162,894
16.6°/
Not Available
. ... ® CAdW&NbIkAPAtolrwNbnTO.
I IRA
• Total HRA Fund balance is $1,132,690.
• The fund balance in the various accounts
are as follows at December 31, 2011:
TAOTGeg 1 11"M LTO.
te.rr{lar �Mre4<ro�nro�rs
Fund
Mi.ncc(C MI)
CAFR
CAFR
Fund
1213U11
Slatemmnl
Uhlbn
Ge—I[IRA (apm,al!event Cund) (1167,6511
Slelenenl 14
D41 Se—o
19%A Apache (CO Foods)
13
Fahibil I
Mho tcilhka Revenuc Ends
524,185
LhibkI
TIFRcrenue !bads 2006
54,ibil l
TIF Revenue Randa 2007
t_,hibit 1
TOM HRA "Cbl"e
527.198
Slalelleat 3
}IRA projects?
Chandkr Race TIF
577,421
U*bit3
Apaehe(WII.Mnll) TIF
(090.959)
Ldnbit3
Apachc(CWbf-ds)TIF
920917
LMbit3
HRA Ditecled Projo is
(30336)
F"M1ieil3
r., HRA pro)Cels
776,143
Slalet 13
T.WHRA
51,13$690
TAOTGeg 1 11"M LTO.
te.rr{lar �Mre4<ro�nro�rs
112
• Required Communications:
— Significant audit results
— Difficulties encountered in
performing the audit
— Corrected and uncorrected
misstatements
— Disagreements with management
— Management representations
— Consultations with other auditors
— Other audit findings or issues
— Other information in documents
containing audited financial
statements
TAHTGES Rf DPAf H, LTD.
. ' cr,o@a+rvaa.lnan�nis
• Other Matters:
— The City implemented GASB
Statement No. 54, Fund Balance
Reporting and Fund Type Definition
forthe year ended December 31,
2011.
TAHfGES REVPATH, LTO.
'� t" ("Wed Pak AiS111-11
Memo
To: Mark Casey— Executive Director
From: Stacie Kvilvang
Date: June 26, 2012
Subject: Remarketing of 2004 Conduit Bonds — The Landings
On September 14, 2004 the City approved the issuance of its Variable Rate Demand Multifamily
Housing Revenue Bonds (Conduit Bonds) in the amount of $37,500,000 for the purpose of making a
loan to Dominium. to construct The Landings at Silver Lake Village rental complex.
Dominium is refinancing the project and will be paying off $31,100,000 of the Conduit Bonds with a
HUD mortgage, leaving approximately $6,400,000 outstanding in Conduit Bonds. The remaining
balance of the Conduit Bonds will be "remarketed" and paid by Dominium from surplus cash flow
from The Landings and will be secured by a Letter of Credit and personal guarantee of Dominium
Principals. Surplus cash flow is defined as cash flow, after expenses, not needed to pay debt service
on the HUD mortgage. I have reviewed the development proforma for the project going forward and
have determined that there should be more than adequate surplus cash flow to make payments on the
remarketed Conduit Bonds.
In order to allow the Conduit Bonds to be remarketed, the City is required to enter into and approve
the following documents:
1. indenture of Trust with US Bank (existing Trustee on the Conduit Bonds). This document
sets up the process and expectations for the letter of credit and payment on the Conduit
Bonds.
2. Loan Agreement between the City and Dominium, This document relates to Dominium
agreeing to assume the City's obligations on the Conduit Bonds in exchange for the City
loaning the Conduit Bond proceeds to Dominium.
3. Remarketing Circular to be used in connection with the remarketing of the Bonds by
Dougherty & Company LLC (the "Remarketing Agent").
Dorsey and Whitney, the City's Bond Counsel, has prepared these documents and they are attached in the
City Council packet for your review and consideration.
Please contact me at 651-697-8506 with any questions.
EHLERS
LEADERS IN PUBLIC FINANCE
www.ehiers-inc.com
Minnesota phone 651-697-8500 3060 Centre Pointe Drive
Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122
toll free 800-552-1171
11.4
THIS PAGE LEFT INTENTIONALLY BLANK
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the
City of St. Anthony, Minnesota (the "City"), hereby certify that the attached resolution is
a true copy of Resolution No. , entitled: "RESOLUTION AUTHORIZING
THE REMARKETING OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (THE LANDINGS AT SILVER LAKE VILLAGE
PROJECT), SERIES 2007 AND AUTHORIZING THE EXECUTION OF
DOCUMENTS" (the "Resolution"), on file in the original records of the City in my legal
custody; that the Resolution was duly adopted by the City Council of the City at a
meeting on June 26, 2012, and that the meeting was duly held by the City Council and
was attended throughout by a quorum, pursuant to call and notice of such meeting given
as required by law; and that the Resolution has not as of the date hereof been amended or
repealed.
I further certify that upon vote being taken on the Resolution at said meeting, the
following Councilmembers voted in favor thereof:
and the following voted against the same:
and the following abstained from voting thereon or were absent:
WITNESS my hand officially this 26`x' day of June, 2012.
City Clerk
115
116
THIS PAGE LEFT INTENTIONALLY BLANK
118
CITY OF ST. ANTHONY
RESOLUTION NO. 12-068
RESOLUTION AUTHORIZING THE REMARKETING OF VARIABLE RATE DEMAND
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE LANDINGS AT
SILVER LAKE VILLAGE PROJECT), SERIES 2007
AND AUTHORIZING THE EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the "City"), as
follows:
Section 1. Recitals.
1.01. The City has previously issued its Variable Rate Demand Multifamily Housing
Revenue Refunding Bonds (The Landings at Silver Lake Village Project), Series 2007 (the
"Bonds") pursuant to an Indenture of Trust dated as of October 1, 2004 (the "2004 Indenture"),
between the City and U.S. Bank National Association, as successor to LaSalle Bank National
Association, as trustee (the "Trustee"), as amended by a First Supplemental Indenture of Trust
dated as of January 1, 2007 (the "First Supplemental Indenture"; the 2004 Indenture as so
amended, the "Original Indenture"), between the City and the Trustee. Pursuant to a Loan
Agreement dated as of October 1, 2004 (the "2004 Loan Agreement"), between the City and St.
Anthony Leased Housing Associates I, Limited Partnership, a Minnesota limited partnership (the
"Borrower"), as amended by a First Amendment to Loan Agreement dated as of January 1, 2007
(the "First Amendment to Loan Agreement"; the 2004 Loan Agreement as so amended, the
"Original Loan Agreement") the City loaned the proceeds of the Bonds to the Borrower for the
purpose of refinancing a portion of the costs of a multifamily housing facility located at 2551
38'1' Avenue NE in the City.
1.02. The City has received a proposal from the Borrower that the City consent to
certain amendments to the Original Indenture, Original Loan Agreement in connection with a
proposed remarketing of the Bonds and delivery of certain substitute credit facilities for the
Bonds, consisting of an Amended and Restated Indenture of Trust dated as of July 1, 2012 (the
"Indenture") between the City and the Trustee and an Amended and Restated Loan Agreement
dated as of July 1, 2012 (the "Loan Agreement"), between the City and the Borrower.
1.03. In connection with the original issuance of the Bonds, the City has entered into
certain agreements and certificates, including but not limited to, in addition to the Original
Indenture and Original Loan Agreement:
a) a Mortgage, Security Agreement, Assignment of Leases and Rents and
Fixture Filing dated as of January 1, 2007 (the "Mortgage") from the
Borrower to the City;
119
b) an Assignment of Mortgage, Security Agreement, Assignment of Leases
and Rents and Fixture Filing relating to the Bonds dated as of January 1,
2007 (the "Mortgage Assignment") by and between the City and the
Trustee.
The Mortgage and the Mortgage Assignment are proposed to be terminated in connection
with the remarketing of the Bonds (the "Terminations").
1.04. Draft forms of the following documents relating to the Bonds have been prepared
and submitted to this Council and are hereby directed to be filed with the City Clerk:
(a) the Indenture;
(b) the Loan Agreement;
(c) a Remarketing Circular (the "Remarketing Circular") to be used in
connection with the remarketing of the Bonds by Dougherty & Company LLC (the
"Remarketing Agent').
In addition, it is expected that certain other orders, certificates and other documents may
be required to be entered into by the City. All of such agreements, certifications and other
documents, together with the Indenture and Loan Agreement and Terminations, shall be referred
to as the "Documents."
Section 2. Authorization and Approval of Documents. The forms of the Documents are
approved, subject to such modifications and additions as are deemed appropriate and approved
by the Mayor and City Manager, which approval shall be conclusively evidenced by execution of
the Documents by the Mayor and the City Manager. Copies of all the Documents shall be
delivered, filed or recorded as provided therein. The Mayor, the City Manager and the City
Clerk are also authorized and directed to execute such other instruments as may be required to
give effect to the transactions herein contemplated.
Section 4. Remarketing Circular. The City hereby consents to the use of the
Remarketing Circular by the Remarketing Agent in connection with the remarketing of the
Bonds to potential investors, but the City did not prepare the Remarketing Circular, and has not
reviewed the financial disclosures of the Borrower or approved any information or statements
contained in the Remarketing Circular or the Appendices thereto and assumes no responsibility
for the sufficiency, completeness or accuracy of the same.
Section 5. The Bonds.
5.01. The Mayor and the City Manager are authorized and directed to prepare and
execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with
a certified copy of this resolution, the other documents required in the Indenture, and such other
-2-
120
certificates, documents and instruments as may be appropriate to effect the transactions herein
contemplated.
Section 6 Absence of Officers. In the absence or disability of the Mayor, any of the
documents authorized by this resolution to be approved and executed by the Mayor may be so
approved and executed by the acting Mayor. In the absence or disability of the City Manager,
any of the documents authorized by this resolution to be approved and executed by the City
Manager may be so approved and executed by the person designated as acting City Manager or
by such other officer of the City who, in the opinion of the City Attorney, may execute such
documents.
Section 7. Authentication of Proceedings. `rhe Mayor, the City Manager, the City Clerk
and other officers of the City are authorized and directed to furnish to the Remarketing Agent
and bond counsel certified copies of all proceedings and records of the City relating to the
reissuance of the Bonds, and such other affidavits and certificates as may be required to show the
facts relating to the legality and marketability of the Bonds as such facts appear from the books
and records in the officers' custody and control or as otherwise known to them; and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall constitute
representations of the City as to the truth of all statements of fact contained therein.
Section 8. Limitations of the City's Obligations. Notwithstanding anything contained in
the Bonds or the Documents, the Bonds shall not constitute a debt of the City within the meaning
of any constitutional or statutory limitation, and shall not be payable from nor shall constitute a
charge, lien or encumbrance, legal or equitable, upon any funds or any property of the City other
than the revenues specifically pledged to the payment thereof pursuant to the Documents, and no
holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the
City to pay the Bonds or the premium, if any, or interest thereon, or to enforce payment thereof
against any property of the City other than those rights and interests of the City which have been
pledged to the payment thereof pursuant to the Documents. The agreement of the City to
perform the covenants and other provisions contained in this resolution or the Bonds or the
Documents shall be subject at all times to the availability of the revenues furnished by the
Borrower sufficient to pay all costs of such performance or the enforcement thereof, and the City
shall not be subject to any personal or pecuniary liability thereon.
Attest:
Passed this 26th day of June, 2012.
City Clerk
Mayor
-3-
FUTURE COUNCIL AGENDA ITEMS
06/26/2012
Meeting
Meeting
Date
Type
Items/Issues
Staffpresent
July 10
Regular
City Council
City Manager
July 23
SPECIAL
Joint Meeting with School Board
City Council
5:30 pm
WORKSESSION Following
City Manager
July 24
Regular
Planning Commission items from July 17
City Council
Nite to Unite Proclamation
City Manager
SPECIAL
City Council
August 6
5:30 pm
WORKSESSION
City Manager
Dept. Heads
August 14
Regular
City Council
8:00 PM
City Manager
Planning Commission Items from August 21
City Council
August 28
Regular
Accept Feasibility Report and Order Plans & Specifications for
City Manager
the 20"13 Street Project
City Engineer
September 11
Regular
Proclamation for Kiwanis Peanut Day
City Council
City Manager
Proposed 2013 Budget & Levy
Finance Director
September 25
Regular
Planning Commission Items from September 18
City Council
Certifying Outstanding Utility Bills
City Manager
October 9
Regular
Approval of Election Judges for the Presidential Election
City Council
City Manager
October 23
Regular
Planning Commission Items from October 16
City Council
City Manager
October 30
SPECIAL
Joint Meeting with School Board
City Council
5:30 pra
City Manager
November 13
Regular
Approve Plans and specifications, and Order Advertisement for
City Council
City Manager
Bids for the 2013 Sheet Project
City Engineer
November 27
Regular
Planning Commission Items from November 20
City Council
City Manager
December 11
Regular
Certifying of 2013 Budget & Levy
City Council
Appointing Park & Planning Commission Members
City Manager
December 25
Regular
City Council
City Manager
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
June 26, 2012
Call to Order.
Roll Call.
I. Approval of June 26, 2012, H.R.A. Agenda.
II. 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 Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve June 12, 2012, H.R.A. Minutes. (pp. 1-4)
B. Claims. (pp. 5-6)
III. Public Hearings.
IV. General Policy of Business of the Housing and Redevelopment Authority.
A. Resolution 12-07; Relating to Arnendrnent Tax Increment Note for "The Landings" Housing
Project within Silver Lake Village. Stacie Kvilvang, Ehlers & Associates is presenting. (pp. 7-10)
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
F:1Council Meetings120121062620121HRA agenda.docx
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CITY OF ST. ANTHONY
HRA REGULAR MEETING MINUTES
JUNE 12, 2012
CALL TO ORDER.
Chair Faust called the meeting to order at 9:30 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Stille, and Roth.
Commissioners absent: None.
Also Present: Executive Director Mark Casey and City Attorney Jay Lindgren.
I. APPROVAL OF JUNE 12, 2012, HRA MEETING AGENDA
Motion by Commissioner Jenson, seconded by Commissioner Roth, to approve the June 12,
2012, Housing and Redevelopment Authority Agenda as presented.
Motion carried unanimously.
II. CONSENT AGENDA.
Motion by Commissioner Stille, seconded by Commissioner Gray, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of May 8, 2012; and
B. Claims.
Motion carried unanimously.
III. PUBLIC HEARINGS.
A. Resolution 12-05; Relating to a Purchase and Sale Agreement for Real Property by and
among the Housing and Redevelopment Authority of the City of Saint Anthony,
Minnesota, and St. Anthony Leased Housing Associates II, Limited Partnership (The
"Developer"). y Lindgren, Dorsey & Whitney, presenting_
Chair Faust opened the public hearing at 9:31 p.m.
City Attorney Lindgren explained a public hearing has been properly called and is required for
the sale of LIRA -owned property under the terms of a Development Agreement that was
considered earlier this evening by the City Council. He noted the terms of the Purchase
Agreement require the payment of earnest money in the amount of $25,000, paid $12,500 upon
signing of the Purchase Agreement and FIRA approval and $12,500 on July I" which is the
inspection period. FIe indicated the earnest money is non-refundable upon expiration of their
financing period on December 31, 2012 and this date links to the March 1, 2013, closing date.
He added Dominium will assume payment of the outstanding special assessments on the
property in the amount of approximately $98,000.
1
'Mousing and Redevelopment Authority Meeting Minutes
June 12, 2012
Page 2
I No speakers were present.
2
3 Chair Faust closed the public hearing at 9:33 p.m.
4
5 Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve Resolution 12-
6 05; Relating to a Purchase and Sale Agreement for Real Property by and among the Housing and
7 Redevelopment Authority of the City of Saint Anthony, Minnesota, and St. Anthony Leased
8 Housing Associates II, Limited Partnership (The "Developer").
9
10 Motion carried unanimously.
12
IV.
GENERAL POLICY OF BUSINESS OF THE H.R.A.
13
14
A. Resolution 12-06; Relating to a Senior Rental IJousint; Development Agreement by and
15
amongthe e City of Saint Anthony, Minnesota, the Housing and Redevelopment Authority
16
of the City of Saint Anthony, Minnesota and St. Anthony Leased Housing Associates II,
17
Limited Partnership (The "Developer"). Jay Lindgren, Dorsey & Whitney, presenting.
18
19
City Attorney Lindgren presented the proposed Development Agreement for the Dominium
20
Senior Housing Project and stated the requested action is consistent with the City Council action
21
taken earlier this evening.
22
23
Motion by Commissioner Roth, seconded by Commissioner Jenson, to approve Resolution 12-
24
06; Relating to a Senior Rental Housing Development Agreement by and among the City of
25
Saint Anthony, Minnesota, the Housing and Redevelopment Authority of the City of Saint
26
Anthony, Minnesota and St. Anthony Leased Housing Associates II, Limited Partnership (The
27
"Developer").
28
29
Motion carried unanimously.
30
31
V.
STAFF REPORTS
32
33
None.
34
35
VI.
H.R.A. COMMISSIONER COMMENTS
36
37
None.
38
39
VII.
INFORMATION AND ANNOUNCEMENTS
40
41
None.
42
43
VIII.
ADJOURNMENT
44
45
Chair Faust adjourned the meeting at 9:35 p.m.
46
47 Respectfully submitted,
Housing and Redevelopment Authority Meeting Minutes
June 12, 2012
Page 3
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
ATTEST:
9 City Clerk
Chair
C!
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5
THIS PAGE LEFT INTENTIONALLY BLANK
Memo
To: Mark Casey — Executive Director
From: Stacie Kviivang
Date: June 26, 2012
Subject: Amendment to Dominium PAYGO TIF Note — The Landings
Legal Counsel and myself are recommending making the following two (2) changes to the existing
pay-as-you-go (PAYGO) TIF Note between the HRA and Dominium:
1. Change how any unpaid interest is handled; and
2. Change the end date of the receipt of tax increment
On October 19, 2004 the City issued Dominium a pay-as-you-go (PAYGO) TIF Note in the principal
amount of $4,464,407, payable at 6.75% interest. Payments on the Note were to begin on August 1,
2006 and be payable through February 1, 2032 (26 years). The Note was to accrue interest from the
date of issuance to the first payment date and then the accrued interest was to be added to the
principal amount of the Note. Accrued interest from October 19, 2004 until August 1, 2006 was
$467,449, thus the new principal amount of the TIF Note was $4,931,856.
The Note also states that if the annual TIF generated is not sufficient to pay accrued interest on any
given payment date, that the unpaid interest shall accrue and be added to principal. TIF generated
from the project was not adequate to pay accrued interest on the Note for the payment dates of
August 1, 2006 through February 1, 2008, due mostly, in part, to timing of completion of
construction. Based upon how the TIF Note is currently written the City would need to add
approximately $433,000 to the principal amount of the Note to -accommodate inadequate increment
to pay accrued interest on these dates.
The intent of the Note was that interest would only accrue and be added to principal up and until the
first payment on August 1, 2006, which is the typical way that TIF Notes are structured. Dominium
has agreed to changing how the Note is written to reflect this. In addition, when the TIF Note was
issued in 2004, the City was not anticipating receiving any increment from the entire redevelopment
area until 2006. However, the City received TIF in 2005, due to inflationary value increases on the
existing parcels within the TIF District. Therefore, the new end payment date on the TIF Note
should be reduced by one (1) year to February 1, 2031. This provides Dominium with only 25 years
of TIF, rather than the 26 that was anticipated.
Based upon payments made to date and payments anticipated through the term of the Note, the entire
principal amount of the Note will not be paid. The remaining balance will be approximately
$2,953,792.
Please contact me at 651-697-8506 with any questions.
EHLERS
LEADERS IN PUBLIC FINANCE
wwr,ehlers-inc.com
Minnesota phone 651-697-8500 3060 Centre Pointe Drive
Offices also in Wisconsin and Illinois fax 651-657-8555 Roseville, MN 5511 3-11 22
toll free 800-552-1171
THIS PAGE LEFT INTENTIONALLY BLANK
HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY
RESOLUTION NO. 12-07
RESOLUTION RELATING TO AMENDMENT TAX INCREMENT NOTE FOR
THE LANDINGS HOUSING PROJECT WITHIN SILVER LAKE VILLAGE
WHEREAS, on September 14, 2004, the City of St. Anthony (the "City") and the St. Anthony
Housing and Redevelopment Authority (the "HRA") entered into a Rental Housing Redevelopment
Agreement ("Redevelopment Agreement') with St. Anthony Leased Housing Associates 1 ("Developer")
regarding rental housing within the portion of the City known as Silver Lake Village; and
WHEREAS, in accordance with the Redevelopment Agreement, the HRA on October 19, 2004,
the HRA issued a pay-as-you-go Limited Revenue Taxable Tax Increment Note ("Note") to the
Developer in the principal amount of $4,464,407; and
WHEREAS, the Note provides that interest accrued from the date of issuance to the first
payment date (August 1,'2006) was to be added to the principal amount of the Note, which resulted in
accrued interest from October 19, 2004 until August 1, 2006 of $467,449, thus the principal amount of
the Note became $4,931,856; and
WHEREAS, the Note provides that if the annual tax increment generated regarding the Note is
not sufficient to pay accrued interest on any given payment date, that the unpaid interest shall accrue and
be added to the principal amount; and
WHEREAS, due primarily to the timing of completion of construction of the related project, tax
increment generated to date has not been adequate to pay accrued interest on the Note; and
WHEREAS, the Developer has agreed that the intent under the Development Agreement was that
accrued interest would only be added to principal on the Note up and until the first payment date of
August 1, 2006, and that the Note should be amended to such effect; and
WHEREAS, all other terms of the Note should remain in force and effect.
NOW, THEREFORE, BE IT RESOLVED, by the housing and Redevelopment Authority of St.
Anthony as follows:
The amendment of the Note to provide that accrued interest shall only be added to
principal of the Note up to the first payment date of August 1, 2006 is hereby approved, and the
Chair and Executive Director are authorized to execute and deliver on behalf of the HRA an
amended Limited Revenue Taxable Tax Increment Note to the Developer in the original
principal amount of $4,464,407 providing that interest would only accrue and be added to
principal up and until the first payment date of August 1, 2006, upon surrender by the Developer
to the HRA of the original Limited Revenue Tax Increment Note in the principal amount of
$4,464,407 issued October 19, 2004.
Adopted this 26th day of June, 2012
10
ATTEST:
City Clerk
Reviewed for Administration:
Chair
Executive Director