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HomeMy WebLinkAboutCC PACKET 02122013H.R.A. meeting immediately following City Council meeting CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA February 12, 2013 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on Alf of'the Folloning items: I. Approval of the February 12, 2013, City Council Meeting Agenda. (actionrequested.) II. Proclamations and Recognitions. (None.) III. Consent Agenda. These items are considered routine and milt he enacted by one motion. There mill he no separate discussion of these items trnlest a Couucilmertiher or cili�en so requests, in mhich the item will be retnooed from the Consent /Agenda and placed elsemhere on the agenda. A. Approval of January 22, 2013, Council Meeting Minutes. (pp. 1-8) B. Licenses and Permits. (pp. 9-10) C. Claims. (pp. 11-14) D. Resolution 13-024; a Resolution Approving the Contract with Greater Metropolitan Housing Corporation. (lip. 15-24) IV. Public Hearing. None. V. Reports from Commission and Staff. (KehyJohnson, City Plannerispi-eventing) A. Resolution 13-025; Resolution Approving a Site Plan for the Proposed Senior Landings at Silver Lake Village Development. (pp. 25-44) VI. General Business of Council. A. Northwest Youth and Family Services presentation. Jerry Hromtka, NYFS is presenting. (pp. 45-50) B. Ridgeway Park Improvements. Andrew Caddock, Minneapolis bark 8c Recreation is presenting. (pp. 51-56) C. Liquor Operations Annual Report. Mike Larson, Liquor Operations Manager is presenting. (pp. 57-68) D. Resolution 13-026; a Resolution Approving Installation of a Telecommunications Facility on the City's Water Tank located at 3109-331d Avenue, Mark Casey, City Manager is presenting. (pp. 69-102) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Connal about any item not included ort tax regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at ile podium, state Heir name and address for tlhe Clerk J record, rod limit their remarks to fine minutes. General, the City Counti! mill nat fake adal action ora hems discussed at this time, Gett may typically refer the matter to staff for arturx report or dnect the matter to he scheduled on an r�ming agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. I CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES JANUARY 22, 2013 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL. Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille. Absent: None. Also Present: City Manager Mark Casey CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF JANUARY 22, 2013, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City Council Meeting Agenda of January 22, 2013. Motion carried unanimously. H. PROCLAMATIONS AND RECOGNITIONS. None. III. CONSENT AGENDA. A. Consider January 8, 2012, Council meeting minutes; B. Consider licenses and permits; C. Consider payment of claims; D. Consider Resolution 13-017; Accepting Donations and Grants for the Citv of St. Anthon Village; Consider Resolution 13-018, Approving the City of St. Anthony's 2013 Pay Equity Implementation Report; and Consider Resolution 13-019; Accepting a Grant from the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS) for the St. Anthony Fire Department. Mayor Faust reviewed the items on the Consent Agenda. Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent Agenda items. 2 City Council Regular Meeting Minutes January 22, 2013 Page 2 Motion carried unanimously. IV. PUBLIC HEARING. None. 8 V. REPORTS FROM COMMISSION AND STAFF. 9 10 None. 11 12 VI. GENERAL BUSINESS OF COUNCIL. 13 14 A. Sustainability Workshops Recap Presentation. Dave Wanberg is presenting. 15 16 Mr. Dave Wanberg, Adjunct Professor, University of Minnesota, provided a recap of the 17 Sustainability Workshops held in October and November of 2012 in collaboration between the 18 Cities of Falcon Heights and Lauderdale. He noted the University of Minnesota was also a 19 major player in the success of these workshops. He thanked the Council for the opportunity to 20 appear at tonight's evening and indicated this exercise was very helpful to the students. 21 22 Mr. Wanberg provided a Power Point presentation on the St. Anthony Village Sustainability 23 Action Plan. The slides contained Action Plan Outline, Definition of Sustainability and four 24 Sustainability Principles, Current Accomplishments, the Planning Process, and St. Anthony Plan 25 for Sustainability. The Next Steps were reviewed including strategies for Transportation, 26 Utilities — Energy, Utilities — Waste, Utilities — Organic Waste, Natural Resources — 27 Landscaping, Natural Resources — Surface Water Management, Local Foods, Housing, 28 Neighborhood Development. 29 30 Mr. Dave Wanberg concluded with the following summary: 31 • Community involvement is paramount to increased sustainability actions. 32 • Creativity and enthusiasm are a must. 33 • All of these goals are obtainable through cooperation, collaboration and a proper vision. 34 35 The students created a poster and copies have been printed and can be seen at City Hall. 36 37 Mayor Faust thanked Mr. Wanberg for his presentation. He mentioned the word "sustainability" 38 has been added to the Mission Statement for St. Anthony Village. The report was taken 39 seriously and he invited residents to review the study. 40 41 City Manager Mark Casey provided a report on the Community Forum to which approximately 42 30 residents attended. He stated this meeting is one piece in the "overall pie" and community 43 support will make this work. It was noted that monthly meetings will be held on Saturdays. 44 45 Councilmember Jenson asked what was the takeaway for students. Mr. Wanberg stated the 46 students preferred this type of learning rather than spending time in classrooms with books. It City Council Regular Meeting Minutes January 22, 2013 Page 3 1 was a great experience for them to talk to residents and students would be available for future 2 work with the City. 4 Councilmember Stille stated the sustainability concept is very exciting to him. He asked if any 5 studies have been done on the use of a single garbage hauler. Mr. Wanberg stated he is not 6 aware of any studies but he will put the City in touch with the correct people who will know 7 about such studies. He advised that Maplewood has done a lot with single haulers. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mayor Faust stated this is just the beginning of a continuing relationship with the University of Minnesota. B. GreenCorps Update. Nick Voss, GreenCorp Member is presenting_ Mr. Nick Voss, GreenCorp Member, provided an update on sustainable activities he has been working on for the past four months. Through his "green" expertise, he is providing the City of St. Anthony and multiple entities the foundation and knowledge to help the community be more sustainable. Mr. Voss provided a Power Point presentation including slides on Waste/Recycling, Stormwater, Carp Removal, Shoreline Restoration, and the Pet Waste Campaign. Information is available on the City's website. He provided an update on Waste/Recycling Baseline Assessment, Survey for Multi -family units, Education and Outreach and a Follow -Up Assessment. He stated recycling bins have been placed within City Hall and he is certain the recycling pounds have increased. Mr. Voss reviewed the survey for multi -family units, noting he has found the results of this survey to be very beneficial in his study. He then summarized his presentation with T angible Results as being: • City Hall Recycling • Rain garden application for St. Charles • Doo-doo Crew initiation • St. Anthony website: Sustainability tab • Winter Newsletter: Recycling and Stormwater. Mr. Voss indicted he has had collaboration with 23 entities. He reviewed the Challenges and Goals and stated he plans to continue conversations to strategize how programs and initiatives will continue after August, 2013. Mayor Faust thanked Mr. Voss for his report and asked why Autumn Woods was not surveyed. Mr. Voss stated Autumn Woods has its own recycling programs and he plans to continue discussions with them about the survey. Mayor Faust suggested if Mr. Voss let the Council know if he needs any assistance. Councilmember Roth asked if the businesses in the City are not a focus of his project. Mr. Voss stated businesses are not a main focus but he has included businesses with some of the conversations with the trash haulers. Councilmember Roth stated currently three haulers are 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4 City Council Regular Meeting Minutes January 22, 2013 Page 4 serving the City and recycling is picked up every other week. He would be interested in seeing the amount of recycling done by the City through the haulers. Mr. Voss stated he is not able to get some of that information. Councilmember Stille thanked Mr. Voss for the work he has done. He indicated the City was in need of one person coordinating this effort and Mr. Voss' efforts are noticeable. Councilmember Stille stated it would be nice to make information available to residents on where rain barrels can be obtained. He asked about grants for rain barrels. Mr. Voss stated different entities have different criteria for rain barrels and there is an application process. He explained that each watershed district receives some rain barrels, which are distributed per the application process. Mayor Faust stated the two watershed districts have distinctly different philosophic approaches. Councilmember Jenson stated he appreciates the efforts of Mr. Voss. Mayor Faust concurred and thanked Mr. Voss for his work. C. Resolution 13-020; A Resolution Calling a Hearing for the 2013 Street and Utility Improvements. Justin Messner, WSB & Associates is presenting Mr. Messner presented the resolution, explaining it sets a public hearing on February 26, 2013, at 7 p.m. He stated there are three resolutions for Council consideration at tonight's meeting. The three resolutions are: Resolution Calling a Hearing for the 2013 Street and Utility Improvements; Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed Assessment; and, Resolution Calling a Hearing on the Proposed Assessment. Mr. Messner showed the location of the project on a drawing, reviewed the bids received, and the project cost/funding breakdown. Mr. Messner reviewed the funding sources and the assessed parcels as well as the project schedule. Councilmember Roth stated during last year's reconstruction, some yards needed tweaking for drainage improvements. He asked if any yards would need to be improved. Mr. Messner stated it would be just the road reconstruction. Councilmember Gray asked about the bids and what was included in the administrative fees. Mr. Messner stated since this is an older community, a contingency of 10% is set aside in case some utility issues are found. Mr. Messner stated bonding would be applied for at 20% of the assessment costs. Councilmember Stille asked if this was a firm bid. Mr. Messner stated the contractor is set on a certain unit bid price with a contingency if utility issues are found that would be above and beyond. Councilmember Stille asked if the contingency is generally used. Mr. Messner stated it is generally not exhausted. Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 13- 020 Calling a Hearing for the 2013 Street and Utility Improvements. El 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes January 22, 2013 Page 5 Motion carried unanimously. D. Resolution 13-021; a Resolution Declaring the Costs to be Assessed and Ordering Preparation of the Proposed Assessment for the 2013 Street and Utility Improvements. Justin Messner, WSB & Associates is presenting. Mr. Messner presented the resolution declaring the amount to be assessed to be approximately $379,200.40. He stated the bid price for the improvement is approximately $1,311,446.62. The total cost of the improvement with engineering, legal, and administrative fees will be approximately $1,803,196.62. Motion by Councilmember Stille, seconded by Councilmember Roth, to approve Resolution 13- 021; Declaring the Costs to be Assessed and Ordering Preparation of the Proposed Assessment for the 2013 Street and Utility Improvements. Motion carried unanimously, E. Resolution 13-022; a Resolution Calling a Hearing on Proposed Assessments for the 2013 Street and Utility Improvement. Justin Messner, WSB & Associates is presenting, Mr. Messner presented the resolution setting an assessment hearing on February 26, 2013, at 7 p.m. He stated this project consists of street, sanitary sewer, water main, and drainage improvements in the following locations: Edward Street from 35°i Avenue NE to 36°' Avenue NE; and, 36°i Avenue NE from Roosevelt Street to Silver Lake Road. Motion by Councilmember Jenson, seconded by Councilmember Roth, to approve Resolution 13-022; Calling a Hearing on Proposed Assessments for the 2013 Street and Utility Improvement. Motion carried unanimously. F. Resolution 13-023; a Resolution Acceptingand nd Approving the Capital Project Agreement between the City of St. Anthony Village and the Mississippi Watershed Management Organization (MWMO Agreement #204-12-01). Justin Messner, WSB & Associates is presenting. Mr. Messner presented the resolution accepting the grant agreement between the City of St. Anthony Village and the Mississippi Watershed Management Organization for the construction of a stormwater treatment system on the south end of St. Anthony Village. He indicated the location of the proposed stormwater management system on a map. Mr. Messner stated the system is anticipated to be constructed in the year 2013 and be operational in the spring of 2014. Fie provided a drawing of the surface water quality improvements. Mayor Faust asked when the project would begin. Mr. Messner stated construction would begin early Fall of 2013. Mr. Messner stated this would affect 40% of the community land area. 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 6 City Council Regular Meeting Minutes January 22, 2013 Page 6 Councilmember Roth asked what level of rainfall the system can handle. Mr. Messner stated the system would be designed to handle a full pipe capacity under normal flow conditions. There is an overflow bypass mechanism that would not allow backing up of the system. Councilmember Roth asked who pays for the materials that treat the storm water. Mr. Messner stated the system will require annual cleaning and the City would use one of many access points to vacuum out the system. It was noted the City already owns the vacuum equipment. Mayor Faust stated the system is inert rather than mechanical. Councilmember Stille asked if once it is constructed, will it be noticeable. Mr. Messner stated there would only be a few manholes and would not be noticeable. Councilmember Jenson asked about the location and whether the City would have easy access. Mr. Messner stated it would be off Lowry and be very accessible. Councilmember Roth thanked the Mississippi Watershed Management Organization for its help with this project. Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 13- 023; Accepting and Approving the Capital Project Agreement between the City of St. Anthony Village and the Mississippi Watershed Management Organization (MWMO Agreement #204- 12-01). Motion carried unanimously. VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey - No report. Councilmember Gray — No report. Councilmember Jenson — He attended the two-day goal setting meeting. Councilmember Roth — He attended the goal setting meeting and thanked all department heads and consultants for the good ideas presented during the session. Councilmember Stille — He thanked City Manager Mark Casey for his work on the goal setting session. Mayor Faust reported on his attendance at the following: Meeting with the police contract cities who are pleased with the service received from St. Anthony. The goal setting session was very good and commented on the $1.3 million in donations that were received. • Council of Mayors meeting along with the City Manager. City Council Regular Meeting Minutes January 22, 2013 Page 7 • Monthly Chamber of Commerce meeting during which the City's department heads provided presentations. • Retreat with the MWMO on January 23, 2013. VIII. COMMUNITY FORUM. Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust reviewed the 2012 Adopt -A -Family program and commended the Community Services staff for their efforts, noting 38 family members had been served. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:20 p.m. Respectfully submitted, Debbie Wolfe TimeSaver Off Si[e Secretarial, Inc. ATTEST: City Clerk Mayor 7 THIS PAGE LEFT INTENTIONALLY BLANK Saint Anthony Village DATE: February 12, 2013 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Sign Systems, Blaine, MN & K Mech Heating & Cooling, Otsego, MN vin City Fireplace, Richfield, MN Bench Press Applicant: Walgreens Location: 3700 Silver Lake Rd Applicant: Wal-Mart Location: 3800 Silver Lake Rd Garbage Haulers License: Applicant: Ace Solid Waste Thomas Ranallo 3006 Croft Dr )otle Mexican Grill 1 — 39`1' Avenue Suite 128 0 10 THIS PAGE LEFT INTENTIONALLY BLANK City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 1/23/2013 - 2/13/2013 Feb 05, 2013 02:31 PM Vendor Number Payee Check Number Check Issue Date Amount 11738 WSB & ASSOCIATES, INC. 19612 01/23/2013 40,869.25 10176 BLUE CROSS BLUE SHIELD 19613 01/25/2013 47,115.50 11798 CENTRAL PENSION FUND LOCAL #49 19614 01/25/2013 2,764.80 11799 THE HARTFORD 19615 01/25/2013 1,002.08 11554 THE HARTFORD -PRIORITY ACCOUNTS 19616 01/25/2013 .00 V 10176 BLUE CROSS BLUE SHIELD 19617 01/25/2013 2,877.50 11554 THE HARTFORD -PRIORITY ACCOUNTS 19618 01/25/2013 658.10 11792 INTERNATIONAL UNION LOCAL #49 19619 02/01/2013 390.00 11793 LAW ENFORCEMENT LABOR SERVICES 19620 02/01/2013 900.00 11794 LOCAL UNION IAFF #3486 19621 02/01/2013 315.00 11638 UNITED HEALTHCARE INSURANCE CO 19622 02/01/2013 2,059.01 10035 AFFILIATED COMPUTER SERVICES 19623 02/13/2013 1,700.00 10049 ALL SAFE INC. 19624 02/13/2013 23.16 10054 ALLIANCE MECHANICAL 19625 02/13/2013 689.00 10070 AMERICAN MESSAGING 19626 02/13/2013 130.24 10078 AMERICAN WATER WORKS ASSN 19627 02/13/2013 179.00 10085 ANIMAL CONTROL SERVICES, INC. 19628 02/13/2013 258.01 10098 ARAMARK 19629 02/13/2013 76.56 10159 BEISSWENGER'S 19630 02/13/2013 15.59 1013 BELLBOY CORP. 19631 02/13/2013 32,808.13 1035 BERNICK'S WINE 19632 02/13/2013 2,601.72 11771 BLUE TARP FINANCIAL 19633 02/13/2013 28.82 10180 BOND TRUST SERVICES CORPORATION 19634 02/13/2013 450.00 10185 BOUND TREE MEDICAL LLC 19635 02/13/2013 119.76 8544 BOURGET IMPORTS 19636 02/13/2013 251.00 10187 BOYER TRUCKS, INC. 19637 02/13/2013 70.54 10197 BRIAN NELSON INSPECTION SVCS 19638 02/13/2013 893.25 1114 CANNON RIVER WINERY 19639 02/13/2013 132.00 1017 CAPITOL BEVERAGE SALES 19640 02/13/2013 35,604.75 10263 CENTURYLINK 19641 02/13/2013 344.32 11803 CITI MORTGAGE 19642 02/13/2013 50.15 10293 CITY OF ROSEVILLE 19643 02/13/2013 2,607.86 10299 CITY OF ST. PAUL 19644 02/13/2013 32.50 10307 CIVIC SYSTEMS, LLC 19645 02/13/2013 29,610.86 1010 CLEAR RIVER BEVERAGE COMPANY 19646 02/13/2013 1,149.40 1021 COCA COLA REFRESHMENTS USA, INC. 19647 02/13/2013 804.75 10318 COLUMBIA HEIGHTS ACE HARDWARE 19648 02/13/2013 13.35 10332 COMPTON'S COMMERCIAL CLNG. INC 19649 02/13/2013 3,823.99 10338 CONNELLY ELECTRONICS 19650 02/13/2013 1,553.31 1042 CRYSTAL SPRINGS ICE 19651 02/13/2013 154.12 10381 DARLING'S SALES & SERVICE COMPANY 19652 02/13/2013 386.84 10382 DAVCO TECHNOLOGIES INC 19653 02/13/2013 4,891.74 10411 DIAMOND VOGEL PAINTS 19654 02/13/2013 23.90 10417 DISCOUNT STEEL, INC. 19655 02/13/2013 855.00 10461 EHLERS & ASSOCIATES, INC. 19656 02/13/2013 1,657.50 11804 ERNT, ROBERT W 19657 02/13/2013 22.31 1045 EXTREME BEVERAGE 19658 02/13/2013 418.00 10508 FERGUSON WATERWORKS 19659 02/13/2013 568.66 8545 FLAT EARTH BREWING CO 19660 02/13/2013 452.00 1097 FORESTEDGE WINERY 19661 02/13/2013 117.00 11802 FRECHETTE, BRENDA 19662 02/13/2013 300.00 10550 G & K SERVICES INC 19663 02/13/2013 1,328.64 1110 GENERAL INDUSTRIAL SUPPLY CO 19664 02/13/2013 103.14 1.2 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 1/23/2013 - 2/13/2013 Feb 05, 2013 02:31 PM Vendor Number Payee Check Number Check Issue Date Amount 10583 GRAFIX SHOPPE 19665 02/13/2013 422.16 10585 GRAINGER 19666 02/13/2013 162.21 1057 GRAND PERE WINES, INC 19667 02/13/2013 91.00 1032 GRAPE BEGINNINGS, INC. 19668 02/13/2013 224.50 10603 H & L MESABI INC 19669 02/13/2013 1,194.91 10612 HAMLINE AUTO BODY 19670 02/13/2013 4,137.21 10617 HARBOR FREIGHT TOOLS 19671 02/13/2013 40.70 10619 HARMON AUTO GLASS - ROSEVILLE 19672 02/13/2013 61.25 10624 HAWKINS, INC 19673 02/13/2013 5,450.04 10630 HD SUPPLY WATERWORKS 19674 02/13/2013 80.53 10636 HEDBACK, ARENDT & CARLSON PLLC 19675 02/13/2013 3,500.00 10673 HEWLETT PACKARD COMPANY 19676 02/13/2013 203.06 1019 HOHENSTEIN'S, INC 19677 02/13/2013 12,652.65 10684 HOME DEPOT CREDIT SERVICES 19678 02/13/2013 386.55 10713 IACP - MEMBERSHIP 19679 02/13/2013 120.00 1027 INDEED BREWING COMPANY 19680 02/13/2013 1,800.00 10733 INSTRUMENTAL RESEARCH, INC. 19681 02/13/2013 85.50 1016 JJ TAYLOR DISTRIBUTING 19682 02/13/2013 45,385.73 1004 JOHNSON BROTHERS LIQUOR CO. 19683 02/13/2013 66,337.15 10785 KATH FUEL OIL SERVICE 19684 02/13/2013 131.99 10786 KEEPERS, INC. 19685 02/13/2013 1,330.62 10801 KUECHLE UNDERGROUND 19686 02/13/2013 16,170.38 10830 LEAGUE OF MINNESOTA CITIES 19687 02/13/2013 20.00 10857 LMCIT % BERKLEY ADMINISTRATORS 19688 02/13/2013 50,186.25 1022 M. AMUNDSON LLP 19689 02/13/2013 2,628.72 10879 MAILFINANCE 19690 02/13/2013 144.28 10916 MENARDS LUMBER 19691 02/13/2013 1,138.60 10922 METRO CITIES 19692 02/13/2013 3,437.00 10931 METROPOLITAN COUNCIL 19693 02/13/2013 49,037.54 10939 MIDWAY FORD 19694 02/13/2013 65.92 11026 MINNESOTA CRIME PREVENTION ASSOC. 19695 02/13/2013 325.00 11029 MINNESOTA DEPT NATURAL RESOURCES 19696 02/13/2013 3,762.54 11042 MINNESOTA POLLUTION CONTROL AGENCY 19697 02/13/2013 300.00 11074 MTI DISTRIBUTING, INC 19698 02/13/2013 657.24 1051 NEW FRANCE WINE COMPANY 19699 02/13/2013 236.50 11805 NEW LOOK CONTRACTING INC 19700 02/13/2013 231,951.98 11131 NORTH SUBURBAN ACCESS CORPORATION. 19701 02/13/2013 593.22 11132 NORTH SUBURBAN COMMUNICATIONS 19702 02/13/2013 23,394.62 11149 NORTHSTAR INSPECTION SERVICES 19703 02/13/2013 16,433.57 11806 ODDITEE'S CORPORATION 19704 02/13/2013 916.00 11163 OFFICE DEPOT 19705 02/13/2013 1,193.84 11807 OLSON, JAY 19706 02/13/2013 309.71 11185 PACE ANALYTICAL SERVICES, INC. 19707 02/13/2013 380.00 11186 PAETEC 19708 02/13/2013 144.05 1012 PAUSTIS & SONS 19709 02/13/2013 4,411.08 1001 PHILLIPS WINE & SPIRITS 19710 02/13/2013 30,517.63 2000 PINNACLE DIST. 19711 02/13/2013 741.00 11215 PIONEER RIM AND WHEEL CO. 19712 02/13/2013 202.10 11225 PLEAA ATTN: J. FORBORD 19713 02/13/2013 70.00 11241 POSTMASTER - MPLS BMEU 19714 02/13/2013 190.00 11243 POWERPLAN 19715 02/13/2013 397.77 11246 PRAXAIR 19716 02/13/2013 34.60 11302 RAMSEY COUNTY 19717 02/13/2013 375.51 3 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 1/23/2013 - 2/13/2013 Feb 05, 2013 02:31 PM Vendor Number Payee Check Number Check Issue Date Amount 11306 RAMSEY COUNTY LEAGUE OF LOCAL 19718 02/13/2013 150.00 11344 ROSENBAUER MINNESOTA LLC 19719 02/13/2013 38.82 11351 ROY C., INC. 19720 02/13/2013 232.52 11353 ROYAL TIRE INC 19721 02/13/2013 433.10 11376 SCHELEN-GRAY AUTO ELECTRIC 19722 02/13/2013 49.03 11399 SHI INTERNATIONAL CORPORATION. 19723 02/13/2013 257.57 11408 SIGNATURE CONCEPTS, INC. 19724 02/13/2013 604.31 11418 SMIGLESKI/MATT 19725 02/13/2013 12.26 11801 SOUTH SIDE ELECTRIC 19726 02/13/2013 104.00 1024 SOUTHERN WINE & SPIRITS OF MN 19727 02/13/2013 23,432.68 11464 ST. ANTHONY VILLAGE KIWANIS 19728 02/13/2013 137.00 11465 ST. ANTHONY -NEW BRIGHTON 19729 02/13/2013 26,087.78 11481 STATE OF MINNESOTA 19730 02/13/2013 251.16 11485 STATE OF MINNESOTA DEPARTMENT 19731 02/13/2013 225.00 11502 STRETCHER'S / 19732 02/13/2013 427.48 11800 SUBURBAN LAWN CENTER 19733 02/13/2013 429.94 11515 SUN BADGE CO. 19734 02/13/2013 96.00 1116 SURLY BREWING CO 19735 02/13/2013 4,635.44 11529 SWEEPER SERVICES 19736 02/13/2013 4,894.28 11531 T A SCHIFSKY & SONS 19737 02/13/2013 158.71 11536 TASC 19738 02/13/2013 25.00 11543 TECH SALES CO 19739 02/13/2013 475.00 11566 TIMESAVER OFF SITE SECRETARIAL 19740 02/13/2013 129.00 1003 TKO WINES, INC. 19741 02/13/2013 84.00 11586 TRACY PRINTING 19742 02/13/2013 2,093.69 11591 TRANSPORTATION SUPPLIES INC. 19743 02/13/2013 231.92 11633 UNIFORMS UNLIMITED 19744 02/13/2013 1,580.39 11637 UNITED ELECTRIC COMPANY 19745 02/13/2013 155.23 11644 UNITED STATES POSTAL SERVICE 19746 02/13/2013 700.00 11674 VERIZON WIRELESS 19747 02/13/2013 1,444.35 1025 VINOCOPIA 19748 02/13/2013 1,116.00 11694 W.D. LARSON COMPANIES LTD, INC 19749 02/13/2013 5.78 11704 WASTE MANAGEMENT OF WI -MN 19750 02/13/2013 1,183.57 11706 WATER CONSERVATION SERVICE INC 19751 02/13/2013 315.30 1034 WINE COMPANY/THE 19752 02/13/2013 3,579.10 1023 WINE MERCHANTS INC 19753 02/13/2013 6,443.38 11729 WIRELESS WORLD 19754 02/13/2013 18.72 1011 WIRTZ BEVERAGE - (GRIGGS) 19755 02/13/2013 52,461.85 1009 WIRTZ BEVERAGE MINNESOTA 19756 02/13/2013 24,954.69 11731 WITMER PUBLIC SAFETY GRP, INC. 19757 02/13/2013 520.78 11738 WSB & ASSOCIATES, INC. 19758 02/13/2013 19,259.60 11740 XCEL ENERGY 19759 02/13/2013 14,856.80 11747 YOCUM OIL COMPANY, INC. 19760 02/13/2013 5,241.30 6540 Z WINES USA LLC 19761 02/13/2013 189.00 Grand Totals: 1,010,138.05 14 THIS PAGE LEFT INTENTIONALLY BLANK 1. 5 M4 - Report Date: Meeting Date: REE -? FS7T FOR COkNOIL CONSIDF72ATION February 12, 2013 February 12, 2013 Resolution 13-024; a Resolution Approving the Contract with Greater Metropolitan Housing Corporation. OVERVIEW: Please find attached the contract for 2013 with the Greater Metropolitan Housing Corporation (GMHC). The City of St. Anthony and Greater Metropolitan Housing Corporation started this contract relationship in 2002. The cost for the annual contract is $12,500. This fee has been the same since 2009. 16 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 13-024 A RESOLUTION APPROVING THE CONTRACT WITH GREATER METROPOLITAN HOUSING CORPORATION WHEREAS, the City of St Anthony agrees to contract with Greater Metropolitan Housing Corporation (GMHC) for the implementation of housing programs for St. Anthony Residents; and WHEREAS, the housing programs will be provided to the residents of St. Anthony through the Housing Resource Center - Northeast; and WHEREAS, the housing programs provided by GMHC allow for a variety of affordable and life -cycle housing for the residents of St. Anthony; and WHEREAS, the housing programs provided by GMHC also assists the City in its goal of quality housing, thereby providing opportunities for home ownership; and WHEREAS, the City of St. Anthony agrees to contribute to the Housing Resource Center - Northeast Community Reinvestment Fund to benefit the residents of the City of St. Anthony. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the contract with Greater Metropolitan Housing Corporation and an administrative fee of $12,500 for 2013 with that said funding to come from the HRA General Fund. Adopted this 12th day of February, 2013 ATTEST: Randy Stille, Mayor Pro Tem Barbara Suciu, City Clerk Review for Administration: Mark Casey, City Manager 17 1.8 THIS PAGE LEFT INTENTIONALLY BLANK CONSULTANT SERVICES AGREEMENT THIS IS AN AGREEMENT entered into the day of _ , 20 , by and between the City of Saint Anthony Village, a Minnesota municipal corporation, ("the City"), and GREATER METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit corporation ("Consultant"). RECITALS A. The Consultant has a division called The Housing Resource Center ("HRC"). GMFIC has agreed to provide certain Services through HRC (as defined below) in connection with the City's housing program. B. The City desires to hire the Consultant to render this technical, professional, and marketing assistance in connection with housing programs in the City for the term as set forth in this Agreement. C. Consultant is willing to provide such services on the terms and conditions set forth herein. In consideration of the foregoing recitals and following terms, conditions and mutual promises contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall provide services as follows (the "Services"): a. Administer the following home improvement programs for residents of the City of St. Anthony Village: MHFA Fix -up Fund and the MIIFA Rental Rehab Program (collectively the "MHFA Programs"); Saint Anthony Village Rebate Incentive Program and Saint Anthony Village Revolving Loan Program. Each Saint Anthony Village program fund shall be maintained separately. Program income from the Revolving Loan Fund shall be held and is not available for use without prior approval of the City Council: 1. Providing information to residents and property owners about the programs, upon request; assisting the City in marketing programs through various mediums; 2. Assist the City in developing procedures for the programs; 3. Receipt of applications from residents; 4. Processing applications; 5. Closing loans to qualified applicants in accordance with the applicable program; f ms.3166730.04 19 20 6. Overseeing the draw process for the funds, including, as necessary, reviewing draws, reviewing the progress of the work and collecting lien waivers and certificates of occupancy. Consultant may, for this purpose, rely on third -party representations and certifications. 7. Provide monthly reports about the number of loans closed and the balance in each loan program. b. Assist City residents considering rehabilitation, including property visits, meet with homeowners and potential contractors, suggest alternatives for rehabilitation to homeowners, educate homeowners on the construction bid process, assist homeowners to evaluate bids and work completed and construction progress. C. Provide housing information to City residents, including information on emergency assistance, housing rehabilitation, first time homebuyers, limited rental information; and the Aging in Place demonstration project; d. Assist the City in developing programs to purchase and rehabilitate homes; e. Coordinate these services out of Consultant's Minneapolis office; and f. Have Consultant's staff visit residences as determined necessary by Consultant. 2. Term. This Agreement shall be in full force and effect from January 1, 2013 and shall continue through December 31, 2013, unless otherwise terminated as set forth below. 3. Compensation. For services provided under this Agreement, the City shall pay to the Consultant Twelve Thousand Five Hundred Dollars ($12,500.00) within thirty (30) days after execution of this Agreement. The Consultant shall receive compensation for administering the MHFA Programs directly from the Minnesota Housing Finance Agency and not from the City. 4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time in which case the parties shall agree to the amount of fees payable to Consultant. b. The City may terminate this Agreement upon the breach by Consultant of any of its material covenants contained herein, where such breach shall have continued for a period of thirty (30) days following the receipt by Consultant of a written notice from the City, specifying the alleged breach; provided, however, if the nature of a non -monetary breach is such that Consultant cannot reasonably cure same in the thirty (30) day period, Consultant shall not be deemed to be in breach fbms.3166730.04 2 zl if it commences to cure within the thirty (30) day period, and diligently pursues same to completion within ninety (90) days following receipt by Consultant of such written notice. In the event of termination by the City hereunder, Consultant shall be entitled to fees due to the date the notice of breach is sent by the City. C. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy (ii) files a voluntary petition for reorganization under any bankruptcy law, statute or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt, (iv) makes an assignment for the benefit of creditors or applies for or consents to the appointment of a receiver or trustee as part of or in conjunction with a "creditor plan" with respect to any substantial part of its assets, or (v) a receiver or trustee is appointed, or an attachment or execution levied with respect to any substantial part of its assets, and said appointment is not vacated, or the attachment or execution not released, within sixty (60) days, then this Agreement shall, effective as of such date, without notice or further action by either party, immediately terminate. d. Consultant may terminate this Agreement upon the breach by City of any of its material covenants contained herein, where such breach shall have continued for a period of thirty (30) days following the receipt by City of a written notice from Consultant, specifying the alleged breach; provided, however, if the nature of a non -monetary breach is such that City cannot reasonably cure same in the thirty (30) day period, City shall not be deemed to be in breach if it commences to cure within the thirty (30) day period, and diligently pursues same to completion within ninety (90) days following receipt by City of such written notice. In the event of termination by Consultant hereunder. Consultant shall be entitled to retain the entire fee under this Agreement. 5. Insurance. a. During the term of this Agreement, the Consultant shall obtain and maintain workers compensation, comprehensive general liability, and automobile liability insurance. Comprehensive general liability insurance shall have an aggregate limit of'fwo Million Dollars ($2,000,000.00). b. Upon request by the City, the Consultant shall provide a certificate or certificates of insurance relating to the insurance required. Such insurance secured by the Contractor shall be issued by insurance companies licensed in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. C. Such insurance shall be in force on the date of execution of an Agreement and shall remain continuously in force for the duration of the Agreement. 1b.us.3166730.04 3 22 6. Indemnification. a. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Consultant, the Consultant's successors or assigns, the Consultant's subcontractors, or to any other person or persons for any third party claim, demand, damage, or cause of action of any kind, nature, or character, including intentional acts, arising out of or by reason of the performance of this Agreement by Consultant. The Consultant, and the Consultant's successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all third party claims, demands, damages, and causes of action, to the extent caused by the negligence or wrongful acts of Consultant, and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting services, and other technical, administrative or professional assistance. b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in whole or in part without the prior written approval of the City. 8. Conflict of Interest. The Independent Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict, the Independent Contractor, with the prior written consent of the City, shall arrange for suitable alternative services. 9. Compliance with Laws. The Consultant shall comply with all applicable Federal, State, and local laws, rules, ordinances, and regulations at all times and in the performance of the services pursuant to this Agreement. 10. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Consultant: Greater Metropolitan Housing Corporation 15 South 5°i Street, Suite 710 Minneapolis, MN 55402 ATTN: Suzanne Snyder City: City of Saint. Anthony Village 3301 Silver Lake Road Saint Anthony, MN 55418-1699 ib.us.3166730.04 E 23 Or such other address as either party may provide to the other by notice given in accordance with this provision. 11. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the Consultant, and supersedes any other written or oral agreements between the City and the Consultant. This Agreement can only be modified in writing signed by the City and the Consultant. 12. Third Party Rights. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 13. Counterparts. This Agreement may be signed in one or more counterparts but all of which taken together shall constitute one instrument. 14. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 15. Agreement Not Exclusive. The City retains the right to hire other housing program consultants, in the City's sole discretion. 16. Data Practices Act Cmnpliance. Data provided to the Consultant or created by the Consultant under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended. [Signature Page Follows] fb.us.31 66730.04 5 24 IN WI'T'NESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective dates indicated below. CITY: CITY OF SAINT ANTHONY VILLAGE By: Its: Mayol Date: , 20 . CONSULTANT: GREATER METROPOLITAN IIOUSING CORPORATION By: Its: President Date: 20 Ib.us.3166730.04 WSB &Associates, Inc. Infrastructure r Engineering ■ Planning ■ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 CITY OF ST. ANTIMONY VILLAGE MEMORANDUM To: Honorable Mayor and City Council Mark Casey, City Manager From: Kelsey Johnson, ACIP; City Planner Todd Hubmer, PE, City Engineer Date: February 6, 2013 City Council Regular Meeting for February 12, 2013 WSB Project No. 02170-010 Request: Request for Site Plan Approval for the Proposed Senior Landings Project at Silver Lake Village Development STAFF RECOMMENDATION The Applicant's request for site plan approval for the construction of a 172 unit affordable senior development to be constructed in the place of the now vacant land and building owned by the City of St. Anthony Village and a private association respectively is reasonable and consistent with the Village at St. Anthony PUD Final Development Plan, the Phase III Redevelopment Agreement for this property, and the City's Comprehensive Plan, Based on our review and an analysis of the documents and reports presented, staff recommends approval of the requested site plan approval to construct the proposed development for the property located at 2500 38t" Avenue NE subject to the conditions as outlined in Exhibit C. PLANNING COMMISSION RECOMMENDATION AND MEETING SUMMARIES At the January 28, 2013 regular meeting of the Planning Commission, the Planning Commission recommended that the City Council approve the request for site plan approval for the proposed Senior Landings project. The Planning Commission voted 6-0 for this project (with one member absent with prior notice). At the meeting of the Planning Commission, residents from the Silver Lake Condominiums expressed concerns with the proposed development. As an outcome of these concerns, the City Manager and City Planner met with residents on February 6, 2013 to listen to their concerns and offer an explanation and guidance on City process and land use controls. Many of the concerns raised both at the Planning Commission meeting and the staff listening session included concerns over the lack of existing parking conditions on their site as well as within the immediate surrounding areas, particularly when they have visitors or special events at their home. Questions relating to maintenance and an understanding of private vs. public roads were also something that was brought up and discussed. In general the residents were aware of and in favor of development on the adjacent property to theirs, but felt that more communication from the developer during earlier phases of the proposed development would have been nice. Traffic speeds along 39'" Avenue NE was also discussed. Further staff analysis of these concerned are detailed later in this report for the City Council's consideration. 25 26 February 6, 2013 Page 2 GENERAL INFORMATION Applicant: BKV Group on Behalf of St. Anthony Leased housing Associates 11, LLC Owner: Housing and Redevelopment Authority of the City of St. Anthony Village and Apache Redevelopment LLC Location: 2500 38°i Avenue NE Existing Land Use / High Density Residential/zoned: PUD Zoning: Surrounding Land North: High Density Residential; zoned PUD Use / Zoning: East: High Density Residential; zoned PUD South: High Density Residential; zoned PUD West: Commercial; zoned PUD Future Land Use: High Density Residential Deadline for Agency Application Date: 01-04-13 Action: 60 Days: 03-05-13 Letter Sent: N/A 120 Days: 05-04-13 CONSIDERATIONS RELATING TO THE PROPOSED SITE PLAN APPROVAL 1. Background In 2000, the City of St. Anthony Village began to proactively pursue a planning process for the redevelopment of the "Northwest Quadrant" of the City, an area of approximately 250 acres extending from Silver Lane on the north, Silver Lake Road on the east, the railroad tracks north of 37°1 Avenue on the south and Stinson Boulevard on the west. The city appointed a twenty-six member project steering committee comprised of local residents to meet regularly with the city and its planning consultants and provide input and direction to the process. In July 2001, the City adopted the Northwest Quadrant Redevelopment Plan for the entire 250 acres that incorporated a number of planning goals. The Plan included a Master Framework Plan to illustrate the overall vision for redevelopment of the area and to provide acceptable site planning and design principles and standards to guide the design of all features of the site and create a consistent character for the site that would be compatible with surrounding development. A development team created the Village at St. Anthony Preliminary Development Plan for the area with the guidance of the Northwest Quadrant Master Framework Plan and complied with the guiding principles. In September of 2003, the City approved the Preliminary and Final Development Plans associated with the approved Village at St. Anthony Planned Unit Development (PUD). Since that time, development within the Village at St. Anthony PUD area has occurred and Redevelopment Agreements have been approved for subsequent development within the overall master plan. 'Phese agreements have been amended from time to time and modifications to project commencement deadlines have been updated accordingly. The proposed "Senior Landings" project would continue the development process within the PUD as part of the "Redevelopment Project Area Phase III" of the Northwest Quadrant Redevelopment Project. A major component of the overall Redevelopment Plan for the Northwest Quadrant Area was to redevelop blighted areas, prevent the emergence of blight, and foster an increase in commercial development providing jobs, create new rental housing, particularly low and moderate income rental housing, and create new for sale housing appropriate for various life stages of the City's residents and not currently available in the City. Over the past two years, the City, the HRA, and the developer have been working on a redevelopment plan for the property located at 2500 38°i Avenue NE. With the construction of a proposed 172 unit February 6, 2013 Page 3 affordable senior development in the place of the now vacant land and building owned by the Housing and Redevelopment Authority of the City of St. Anthony Village and Apache Redevelopment LLC, the City believes that the proposed development is in the best interest of the residents of the City and will provide for new facilities and environmental benefits, including increased opportunities for new types of housing, will increase available housing, including new life cycle housing choices desirable for the community, will remove and prevent the emergence of blight, will increase the tax base of the City, and will otherwise benefit the health, safety, morals and welfare of the residents of the City, in accordance with the public purpose and provisions of the applicable State and local laws and requirements under the Redevelopment Plan. The vacant building will be demolished and remediated if necessary so the land can be developed as proposed. The Senior Landings will provide affordable housing for tenants over the age of 55 who income - qualify earning no more than 60% of the Area Median Income. Due to the use of tax exempt bonds as a portion of the financing, rents will be restricted on 100% of the units, with 137 units at 60% AMI rental limit and 35 units at the PMR rent limit. Tine project will consist of One Bedroom and Two Bedroom units. 2. Overview The property is located at 2500 38°i Avenue NE. The property is approximately 320' x 367' (a-/-) and is surrounded by 39°i Avenue to the north, Apache Lane to the east, 38°' Avenue to the south, and a private driveway access to the west. The lot is approximately 113,702 square feet (2.6 acres). Density Site Layout and Building; Design The overall Silver Lake Village Development is that of a mixed-use high density development. This type of development lends itself to a lifestyle that is more compact in development, has accessibility to amenities within the development including parks, retail businesses, restaurants, medical services, and other shops and stores. Consistent with the City's overall goals of creating a walkable and sustainable City as a whole, the Silver Lake Village Development strives to meet these same qualities by creating compact development and alternative transportation and pedestrian options throughout. Following the approved PUD Development Plans and the Redevelopment Agreement as amended from time to time for the property, the building will be constructed in a "u -shape" design with the front main entrance located in the southwestern portion of the property at the intersection of 38°i Avenue NE and a private driveway access to the west. The proposed building will be four stories in height with underground parking, similar to existing buildings within the locality. A 5' sidewalk will encompass the entire site and landscaping will complete the streetscaping on all four sides of the proposed building which will complement the existing streetscaping that is currently within the development. Ornamental lighting is required and will be installed as part of this project along the south side of 39°i Avenue NE to match existing lighting further to the east. Courtyard space is proposed within the interior limits of the u -shape design. Sidewalk connections and lush landscaping will be provided within this area, as well as a garden pergola structure, fire pit patio and seating walls, bench seating, and other amenities as detailed below. Each unit will have a balcony. The building will contain many amenities including a fitness facility, movie theater, library, in -unit washer / dryer, covered seating areas, fire pit, community grilling area, club room, card room, a party kitchen, gardening area, wood shop, craft room, and salon. In addition, the residents of the proposed development will have access to the amenities at the adjacent development, Landings at Silver Lake Village, which is also owned and managed by Dominium. Residents will also be within walking distance of the restaurants and shops within the overall Silver Lake Village development. Building Materials The building will be constructed using quality and attractive materials that will be aesthetically pleasing and compatible with surrounding buildings. The facades of the building will be finished with brick and cement board lap siding. The roof will be finished with asphalt shingles. The materials will 27 28 February 6, 2013 Page 4 be alternated throughout the exterior of the building, which will break up the large expanses of wall. A canopy will be constructed over the front main entrance and will be constructed of brick to match the building facades and will have a prefinished standing seam metal roof. These proposed materials will match the existing buildings immediately adjacent and meet the design standards as set forth in the PUD Development Plans and Redevelopment Agreements as may be amended from time to time. Parking and Traffic Circulation Parking: The City's Ordinance sets forth the minimum requirements for parking spaces by designated use. There are specific parking requirements for restaurants, religious institutions, single-family residential dwellings, and so on. There are a number of uses for which the City could look at when determining parking requirements associated with the proposed senior apartment facility, as there is not one specific use category listed. The two most similar uses listed in the Ordinance are "two-family dwellings, townhouses, apartments, and condominiums" and "retirement homes". The requirements are broken down as follows: Two-family dwellings, townhouses, apartments, and condominiums — at least 2 parking spaces per unit, at least 1 of which is enclosed 172 units x 2 = 344 spaces; 172 enclosed Retirement homes — at least 1 parking space for every 3 living units 172 units / 3 = 57 spaces The Applicant is proposing 129 underground parking spaces and 59 surface parking spaces for a total of 188 parking spaces (1.09 spaces /unit). With the target population and use of the property in mind, and the fact that 109 wits will be 1 -bedroom units, it is important for the City to keep in mind that there is strong evidence that demonstrates the proposed use will have a peak parking demand that is less than the required parking spaces for a typical "two-family dwelling, townhouse, apartment or condominium" use. Alternatively, staff would argue that the use does not quite line up with that of a "retirement home" given the fact that the proposal is for independent seniors and not that of a typical "retirement home" where there are fewer residents with automobiles. With that said, finding a balance between the two would indicate that the Applicant has proposed a reasonable amount of parking that meets the criteria as originally set forth in the original PUD development plans and current zoning standards. Additionally the Applicant has indicated that site can sufficiently accommodate the parking that is anticipated at this location based on previous developments of a similar nature. The developer prepared a study of thirteen (13) similar developments they have completed. The overall parking ratio for all existing developments was .82 spaces/unit. The parking ratios of the existing facilities range from .32 spaces/unit on the low end to 1.72 spaces/unit on the high end of the study. The proposed parking ratio for the Senior Landings is about mid -point of the study of similar development comparisons (1.09). The developer has also indicated that they anticipate 119 cars for a total 179 residents based on their 40+ years of experience with more than 20,000 owned and/or managed units at 205 sites in 20 states. Likewise a cursory review of numerous communities parking codes within the Metropolitan Area would indicate that the Applicant is in line with traditional requirements for a senior apartment development (range from .5 spaces/unit to 2 spaces/unit). The development is located in close proximity to many services, including options for transit and pedestrian movements as envisioned within the overall development when it was originally planned. Given the use of the property, the Applicant's history with other similar facilities, comparison to other communities throughout the metro area, and the fact that this property will remain this same land use for an extended period of time, staff is comfortable with the proposed parking for this development. February 6, 2013 Page 5 Speed: Following the meeting of the Planning Commission City Staff engaged the Police Department to conduct a speed study of traffic along 39°i Avenue NE based on comments heard at the meeting relating to traffic speeds. The study was conducted over a 4 -day period. The posted speed along 39°i Avenue is 30 mph. 'The average speed observed was 21.98 mph, indicating that although there were a few documented "speeders" over the 4 -day period, 96.95% of the 13,354 documented cars were within the speed threshold. In fact of the remaining 3.05%, 2.63% fell between 32-35 mph. Therefore, based on this analysis it does not appear that there is an issue with speed along this corridor, but anyone concerned with speeds along any roadway within the City are encouraged to contact City Hall at any time. Landscaping A landscaping plan was provided as part of this application. The Applicant is proposing to plant a total of 40 trees, 298 shrubs and several hundred perennials, grasses, vines and rain garden mixture species. Overall the proposed landscaping plan is consistent with the approved PUD Master Plan and will aesthetically match other existing development within the locality. The Applicant has been asked to work with the City Planner on an enhanced landscaping plan between the proposed private drive to the west of the building and the gas station property further to the west. Bicycle parking will also be added as part of that update as stated by the Applicant during the Planning Commission meeting. LiLighting Site lighting will include wall mounted site lights and decorative pole mounted site lighting along the south side of 39°i Avenue NE as required. All lighting sources, including security lighting for the entire site shall be shielded from the direct view of the surrounding properties. Staff will ensure compliance of this provision of the Ordinance as part of the building permit review. Engineering Considerations While the majority of the comments listed below are items that need to be addressed prior to issuance of a building permit if the site plan request is approved, staff wanted to bring them to the Council and Applicant's attention to provide enough time to accommodate the Engineer's requests. Sheet Cl -2 - Site Demolition Plan 1. Show the location of the sanitary sewer service currently servicing the existing building. All existing sanitary sewer services shall be removed and abandoned at the sewer main. Sewer services shall be capped at the wye or manhole with the appropriately sized (snug -fitting) cap glued securely in place. 2. Show the location of the water service currently servicing the existing building. All existing water services shall be removed and abandoned at the water main. Small diameter water service lines (copper) shall be detached from the corporation stop at the main and the corporation stop shall be turn off and capped by installing a Pord or equ ivalent 'rube Nut, Copper Gasket and Brass Corp Stop Plug. Large diameter water service lines (iron) shall be detached from the fitting and replaced with an appropriately sized iron plug bolted securely in place and thrust blocking installed. 3. The existing power pole located at the center of the property along the south side of 39°i Ave should be removed to facilitate the construction of the proposed sidewalk. 4. Habitat impacts as a result of the proposed development are limited to the removal of trees allowing for site grading to be completed. "The project proposes adding new trees as part of the development plan. 29 30 February 6, 2013 Page 6 Sheet C3-1 - Grading Plan 1. All pedestrian ramps within road right-of-way shall be installed per Mn/DOT State Aid standards and shall be constructed with ductile iron truncated domes powder coated red per city standards. 2. The pedestrian ramp located at the southwest corner of 39°i Ave and Apache La should contain an additional ramp to the north. This ramp should be constructed similar to the existing pedestrian ramp located on the southeast corner of the intersection. It should be noted this will require the existing hydrant to be relocated. 3. Add pedestrian ramps at the southwest and southeast corners of the intersection of 39th Ave and the private driveway access located along the west side of the property. These pedestrian ramps should be constructed similar to the existing pedestrian ramps located directly across 39°i Ave. 4. To remain consistent with St. Anthony's sidewalk and street light policy, two decorative street lights will be required. Add one decorative street light along the south side of 39°i Ave NE at the middle of the proposed block and add one decorative street light on the southeast corner of the 39th Ave/private driveway access intersection. This work should be coordinated with Edward Bieging at Xeel Energy Outdoor Lighting, (651) 229-2400. Sheet C4-1 - Utility Plan 1. All ductile iron water mains shall be poly -wrapped per city standards. 2. The St. Anthony Village Fire Department and State Fire Marshall are currently in the process of reviewing the plans. Any additional comments will be forwarded once they are received. Sto•mwater Considerations 1. Salo Pond, the regional pond east of the proposed development has been designed to accommodate runoff from the subject site — both for rate control and water quality. 2. Runoff from the parcel west of the proposed development is also tributary to Salo pond. The original design was to extend the storm sewer through the center of the proposed development to the western parcel. With the proposed building configuration this option is not feasible without placing the storm sewer below the building. However, CB -2 located in the north corner of the proposed parking lot has adequate depth for the future west parcel connection. Storm sewer design calculations should be included in future submittals in order to evaluate downstream capacity. 3. Biofiltration trenches are proposed to provide additional water quality treatment for the site to meet Rice Creek Watershed District (RCWD) Rules. We recommend locating the trenches a minimum of 10 -feet from the building based on Minnesota Stormwater Manual guidance. Please provide a cross section showing the relationship between the biofiltration trenches and building footings. These trenches appear to receive minimal surface runoff from the proposed impervious surfaces and therefore provide limited benefit. 4. Plans must be revised to include the following additional erosion control best management practices (BMPs): • Inlet protection should be provide for all catch basins located on the streets, including catch basins on 39°i Avenue, Apache Lane and 38'x' Avenue on both sides of the street. • A note indicating Contractor shall sweep streets at the end of each working day or as needed to remove sediment and debris. This work may be ordered by City Staff and will be performed at the contractor's expense. 5. Documentation showing NPDES permit coverage must be provided to the City prior to start of construction. February 6, 2013 Page 7 6. Drainage calculations, storm sewer sizing calculations and information regarding the routing of the building downspouts and roof drainage has not been provided by the Applicant. This information must be submitted for review and approval. 7. A RCWD permit must be obtained by the applicant for the proposed development. 3. Ordinance Authority. The property is currently zoned "Planned Unit Development (PUD)". Title XV Land Usage, Chapter 152 Zoning Code, Section 152.206 (A): Revisions and/or Changes (Planned Unit Development) states that: (A) Minor changes in location, placement, and height. Minor changes in the location, placement, and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. The proposal is consistent with the location, placement and height as outlined in the PUD, the Phase III Redevelopment Agreement, and the City's Comprehensive Plan. As such, because it has been a few years since the City has last reviewed development within this PUD, and because the Redevelopment Agreement has been modified throughout the years, although staff has interpreted this to be a "minor change" we have determined that the Council should review the proposed site plan. 4. Conclusions. It appears that the Applicant has submitted adequate information to take action on the requests. From a planning and engineering perspective, it appears that the proposed building and use appropriately fit into the context of the existing and envisioned overall development master plan. The Applicant has done a reasonably good job of detailing the building to help it relate to the overall master plan theme, as well as the other existing buildings within the immediate area. The proposed development is consistent with the City's Comprehensive Plan's goals, objectives, and policies, as well as the Silver Lake Village PUD Final Development Plans and Redevelopment Agreements as previously approved and amended from time to time by the City. POTENTIAL ACTION I. Request Additional Information and Continue the Meeting. The Applicant appears to have provided enough information for the City Council to make a decision to approve or deny the request. Should the City Council request additional information from the Applicant, the City Council should continue the meeting until a later time or send the item back to the Planning Commission for further review. 2. Recommend Approval (with or without conditions). In the event of a recommendation for approval (with or without conditions), the City Council may refer to Exhibit C, and may modify the draft resolution for approval to include any conditions that it deems necessary. 3. Recommend Denial. In the event the City Council chooses denial of the request, it should direct staff to prepare a resolution of denial to be brought back at a later meeting and clearly state its reasons for the denial recommendation. It should be noted however, that this development has been previously reviewed and approved as part of the overall PUD for the area, as well as amended from time to time through the Redevelopment Agreements. While Staff is requesting formal review and approval from the City Council, the proposed development is in line with previous approvals granted for this site and the overall development. ATTACHMENTS Exhibit A: Location Map Exhibit B: Applicant's Application Exhibit C: Draft Resolution — Approving the Site Plan 31 32 THIS PAGE LEFT INTENTIONALLY BLANK Senior Landings at Silver Lake Village Site Plan Review City Council Meeting February 12, 2013 ain thQry WSB r Landings at Silver Lake Village • General Information Applicants: BKV Group on Behalf of St. Anthony Leased Housing 11, LLC Owner: HRA of City of St. Anthony and Apache Redevelopment LLC Location: 2500 38th Avenue NE (NEW Address) Existing Land Use / Zoning: High Density Residential; zoned PUD Surrounding Land Use/ Zoning: North: High Density Residential; zoned PUD East: High Density Residential; zoned PUD South: High Density Residential; zoned PUD West: Commercial; zoned PUD A a C1 2/7/2013 33 1 34 Senior Landings at Silver Lake Village Timeline 2000 City began planning process for the "Northwest Quadrant" July 2001 City adopted "Northwest Quadrant Redevelopment Plan" Sept. 2003 City approved the Preliminary and Final Development Plan for Village at St. Anthony Planned Unit Development (PUD) Dee. 2003 Redevelopment Agreement approved between HRA and Apache Redevelopment, LLC Nov. 2004 Extension of the time line for Phase II Development SLV 2004-2010 Numerous amendments/Updates to Redevelopment Agreements Jan. 28, 2013 relating to timelines, signage, park management, easements, Feb. 12, 2013 maintenance agreements (Changed to Phase Ill) ain nihany r a - WSJ dings at Silver Lake Village Timeline, cont. Late 2010 City engaged in discussion with Dominium on redevelopment 2011 City acquired 2 parcels Feb. 2011 First formal action by the City Council to support application of a grant to Ramsey County for the senior apartment development Jun. 2012 City Council and HRA approved the TIF Development Agreement and PUD Agreement with Dominium Dec. 2012 Staff meeting with Dominium to review preliminary plans Jan. 4, 2013 Formal Application submitted to City Jan. 28, 2013 Planning Commission Informational Meeting Feb. 12, 2013 City Council Action 2/7/2013 N Senior Landings at Silver Lake Village • Site Overview: . # • Lot Size: 113,702 SF (2.6 acres) • "U -shape" building design • Main entrance in SW corner Ir •,EJ�� 'fir i►'`' ' F-, • 4 -story building with _*r underground parking • 172 -units 109 - - lbedroom / 1 bathroom units r - x -- 14 - - 2 bedroom / 1 bathroom units — 49 - - 2 bedroom / 2 bathroom units w - r a V x''58 Senior Lands at Silver Lake Village A�CC A ll. g p f r e n ' f 44• •O i iia Iii, li ill u�il irr l�l.r 111 lira llr�II II II II . ainiia thCJorn AV 2/7/23013 3 �Fa LandingsSenior _ Village IIS lIIiSd m_ 2/7/2013 4 M: Senior Landings at Silver Lake Village :'I &I.1'll:Ir:+. F:9 I'PIIIN IdEW CEMENT50 D li A'1� ,. UAP SIDING VI Al IWI —FACE WiICK IAP SOM CNERMFAO (iIVWPrE DO(%I E TF RE -TI — E- T ELE --I - ia 2/7/2013 37 5 38 Senior Landings at Silver Lake Village • Site Overview — Parking • Total: 188 spaces 59 surface parking —129 underground parking — Landscaping • 40 trees • 298 shrubs • Several hundred perennials, grasses, vines and rain garden mixtures ewes ain nihon __ _ _ _ _ ._....... _._.... _ tyS6 I a e Ci qRRMPOMW Senior Landings at Silver Lake Village • Site Overview — Lighting • wall mounted on building • Decorative pole mounted along south side of 39th Avenue . a*11 h�rryCJ 2/7%2013 19 Senior Landings at Silver Lake Village • Engineering Considerations — Updates to utility locations on demolition plans needed — Conformance with State Aid standards required for pedestrian ramps on 3911 Avenue NE — Storm sewer design needs to be updated to accommodate properties further to the west — Biofiltration trenches required to meet RCWD Rules RCWD Permit required WSB Na Senior Landings at Silver Lake Village • Ordinance Authority — 152.206 (A): Revisions and/or Changes (PUD) • Minor changes may be authorized by the Development Review Committee — Proposal is consistent with City's Comprehensive Plan, PUD Development Plans, and Redevelopment Agreements. Due to timeline of events, Staff felt that the Council should review the proposed site plan as the "development review committee" where staff would normally serve in this role . ain thQny 2/7/2013 39 VA Senior Landings at Silver Lake Village • Staff Recommendation — Proposal is reasonable and consistent with the PUD Final Development Plan, the Phase Ill Redevelopment Agreement and City's Comprehensive Plan — Staff recommends approval of the requested site plan A nl 87 Senior Landings at Silver Lake Village Questions? ai ingny _. i a CJ WSS 2/7/2(}13 4 1. CITY Oh' ST. ANTHONY VILLAGE. STATE OF MINNESOTA RESOLUTION NO. 13-025 RESOLUTION APPROVING A SITE PLAN FOR THE PROPOSED SENIOR LANDINGS AT SILVER LAKE VILLAGE DEVELOPMENT WHEREAS, the City of St. Anthony Village received a request from the Applicants I3KV Group on behalf of St. Anthony Leased Housing Associates II, LLC for site plan approval for the; construction of a 172 -unit affordable senior housing development to be constructed at the now vacant land and building owned by the I lousing and Redevelopment Authority of the City of St. Anthony Village and Apache Redevelopment LLC on January 4, 2013, legally described as follows: LOTS I AND 2, 11LOCK I, I-lUEF3ACK ADDI"1'ION AND LO'1' 5, 13[,OCK I, SILVFRLAKI VIU.,AGE TOGI: 1HIFR WITII TI IE 131 NI FIT OFT] II ROADWAY AND UFILITY LASEMI T AND CONTAINED IN DF'CLARATION OF EASE NIS DATED OC'1'0I31 R 19, 2004, FILED OCfOl31 R 20, 2004, OR DOCUMENT NO. 3801282. RAMSEY COUNTY, MINNESOTA. WHEREAS, on September 23, 2003, the City of St Anthony Village approved the Preliminary Development Plan and Final Development Plan for the Northwest Quadrant area (Silver bake Village); and WHEREAS, a major component of the overall Redevelopment Plan for the Northwest Quadrant Arca is to redevelop blighted areas, prevent the emergence of blight, and foster an increase in commercial development providingjobs, create new rental housing, particularly low and moderate income rental housing, and create new for sale housing appropriate for various life Itages of the City's residents and not currently available of the City, and WHEREAS, on August 10, 2010, the City of St. Anthony Village approved the Phase III Redevelopment Agreement by and Among the City of St. Anthony Village, the I lousing and Redevelopment Authority of the City of St. Anthony and Apache Redevelopment, LLC for the redevelopment of the property as senior apartment style living at an affordable level, legally described above; and WHEREAS, on February 22, 2012, the City of St. Anthony approved a resolution supporting an application to Ramsey County for Grant Funds for the landings Senior Rental Project in the City of St. Anthony Village; and WHEREAS, on June 12, 2012, the City of St. Anthony Village approved a purchase and sale agreement for real property by and among the Housing and Redevelopment Authority of St. Anthony Village and St. Anthony Leased ]-lousing Associates Il, Limited Partnership; and WHEREAS, on January 04, 2013, 13KV Group on behalf of St. Anthony Leased I lousing Associates Il, LLC, submitted an application to the City for site plan approval and an 4'2 amendment/update to the PUD Development Agreement for the construction of a 172 -unit affordable senior housing development; and WHEREAS, after review, said application was found to be complete by City staff; and WHEREAS, the Planning Commission reviewed and considered the request based on the related documents shown in the Applicants' application at their regular meeting on January 28, 2013; and WHEREAS, the Planning Commission recommended approval of the request; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicants' site plan approval request based on the following findings: The requested approval of the site plan is consistent with all the standards for granting a Revision and/or Change to a PUD for a "minor change in location, placement, and height" as described in Section 152.206 of the St. Anthony Village Zoning Code. More specifically, the City Council 'finds that the requested site plan approval is justified for the following reasons: a. The Applicant is proposing to use their property in a reasonable manner as permitted by the zoning code and Final Development Plans as approved. By developing the site as affordable senior apartment, the Applicant is fulfilling a portion of the intent of the overall Redevelopment Plan of the Northwest Quadrant Area. b. Granting site plan approval is consistent with the City's comprehensive land use plan and is in harmony with the general purposes and intent of the City's Code relating to protecting the use districts. The use of the property will be consistent with the approved Final Development Plan, the Phase III Redevelopment Agreement, as well as the existing surrounding developments. c. The proposed site layout and building design have been sited in such a way that they should not pose a negative visual impression on neighboring property. Building design, layout, parking, landscaping, access drives, lighting, and trash storage were all studied and analyzed during original PUD Development Plan review and approval, as well as during each subsequent Redevelopment Agreement. As studied and approved previously, the Applicant's proposed development does not appear that it will create impacts to adjacent property with regard to water drainage, parking and access drives, lighting or trash storage that weren't previously designed for or studied. d. There are no known unique geologic, geographic and historically significant conditions on site. e. Allowing the development as proposed is in harmony with the general purposes and intent of the City's Code, the PUD Master Plans, and the Redevelopment Agreement relating to promoting orderly development and redevelopment. Allowing the development as proposed is in harmony with the general purposes and intent of the City's Code, the PUD Master Plans and the Redevelopment Agreements relating to preventing congestion in public streets. While it is recognized that the project will increase the amount of vehicular and pedestrian movements in the area, the project will remain consistent with the PUD Development Plans, Redevelopment Agreement, and the City's Comprehensive Plan relating to traffic volumes and circulation. g. Allowing the proposed development is in harmony with the general purposes and intent of the City's Code, PUD Development Plans, and the Redevelopment Agreements to provide for compatibility of different land uses. The project will have no impact on land use compatibility and will be developing as planned. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the site plan is contingent on the following: The Applicant shall obtain all necessary permits and approvals prior to beginning construction. 2. The proposed development shall be constructed in accordance with the Redevelopment Agreement, to be entered into by the City and the developer. 3. The Applicant shall address all comments outlined in the Planner and Engineer's Staff Report dated February 6, 2013 (Exhibit A). 4. The trash and recycling dumpsters shall be kept wholly within the building at all times, except during the time of trash and recycling collection. 5. The Applicant shall work with the City Planner to update the landscape plan to include a landscape buffer between the private drive along the west side of the property and the gas station property further to the west as well as to address the issue of bicycle parking prior to issuance of a building permit. APPROVED in the regular session of the City Council on February 12, 2013. ATTEST: Barbara Sueiu, City Clerk Review for Administration: Randy Stille, Mayor Pro Tem Mark Casey, City Manager 43 44 THIS PAGE LEFT INTENTIONALLY BLANK 111111111 Northwest Youth & Family Services Developing Healthy Lives Report to the City of St. Anthony February 2013 "We cannot always build the future for our youth, but we can build our youth for the future. Franklin D. Roosevelt About NYFS • Primary Population: 5-21 year olds • 4,500 youth, families, individuals • $3.6 million annual budget • Three program areas Mental Health Youth Development Day Treatment www.nyfs.org Preparing youth and families for healthy lives 111111111 About NYFS • Mental Health Rule 29 Youth in context • Youth Development • Diversion Opportunity Gap Senior Chore • Day Treatment • Academic/therapy • collaboration Ord 111111 What your support buys • Services for residents are assured • Benefits Educational attainment Effective workforce Citizenship • Reduced costs to public • Leverage outside resources Contracted Services Contracted Services # # 2011 2011 # # 2012 2012 �i��llllll NA NA 2011-2012 Service SummaryCity 2 2 $4,050 $4,050 Diversion Diversion 3 3 $1,090 $1,090 4 4 $1,185 $1,165 Senior Chore (senforsryou�nj Senior Chore isa��«.y,��ro 811 8/1 $4,020 $4,020 16/7 1617 $13,200 $13,200 Cost of Contracted Cost of Contracted 12 12 $5,110 $5,110 29 29 $18,415 $18,415 Non Contracted Nan Contracted 1 1 $50 $50 NA NA NA NA Contract $3,451 $3,555 Contracted Services Contracted Services # # 2011 2011 # # 2012 2012 Counseling Counseling NA NA NA NA 2 2 $4,050 $4,050 Diversion Diversion 3 3 $1,090 $1,090 4 4 $1,185 $1,165 Senior Chore (senforsryou�nj Senior Chore isa��«.y,��ro 811 8/1 $4,020 $4,020 16/7 1617 $13,200 $13,200 Cost of Contracted Cost of Contracted 12 12 $5,110 $5,110 29 29 $18,415 $18,415 Non Contracted Nan Contracted 1 1 $50 $50 NA NA NA NA 47 3 in 2012 Highlights • WBLACCC merger • Corporate Partnerships • Social Media • Financial Sustainability Future • Larger service area • Affordable Care Act • Constricted funding • Evolving Community 1 • '''i1lllll NYFS Partnerships -Communities Arden Hills, Birchwood Village, Falcon Heights, Hugo, Little Canada, Mahtomedi, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, St. Anthony, Vadnais Heights, White Bear Lake, White Bear Township -School Districts Centennial, Columbia Heights, Inver Grove Heights, Mahtomedi, Mounds View, North St. PauUMaplewood/Oakdale, Roseville Area, St. Anthony/New Brighton, Spring Lake Park, White Bear Lake Area -Collaborations Minnesota Youth Intervention Program Association, North Suburban Gavel Club, Ramsey County Children's Mental Health Collaborative, Roseville Rotary, Shoreview/Arden Hills Rotary, St. Anthony -New Brighton Family Service Collaborative, Suburban Ramsey Family Collaborative, Twin Cities North Chamber of Commerce Faith Community -Businesses 50 THIS PAGE LEFT INTENTIONALLY BLANK Ridgway Parkway: Proposed Trail Improvements presented to City of Saint Anthony Village City Council February 12, 2013 Minneapolis Park & Recreation Board 02/12/2013 Minneapolis Park& Recreation Board Ridgway Parkway Trail Improvements 1 Project Location 02/12/2013 Park & Recreation Board - 4 a. h3 � a i oe.U.- t.11 r P a 3t. Anthonythony aovEerard a no construction. a tzlvnnelittthls.11ma j BISI9tiuYPufnxur r: r„wu.a+,rrmo i h9tlan�t31gn,11ge car warw,..amarr a pFPt24t4� 9yC1I99J1HAL \ f6 way ParkwayTrail Improvements 2 1/31/20135 1 52 Project Background Grand Rounds Missing Link Development Study (2008) r•v: a G,iii liKi � Vfl Rid 5 F. 2s a it 1 T�fTrvd lleeytr Ridgway Uverklak Park Refined Ccxzce Exam�e •«••....wu..o..+w...r.rarw..i,mas. f 02/12/2013 Minneapo4s Park& Recreation Board- Ridgway Parkway Trail Improvements Project Process to date 1) Public Meetings 09/18/2012 Windom Park neighborhood • 01/15/2013 public open house • 012/12/2013 Saint Anthony Village City Council 2) Technical Advisory Committee City of Saint Anthony Village DPW staff • City of Minneapolis DPW staff • Hennepin County Transportation staff • MPRO staff and consultant team 3) MPRB staff input • Forestry • Golf operations Maintenance -------------------------------------------------------- GOAL: MN -DoT State Aid approval of path alignments and overlook area in park 02/12/2013 Minneapolis Park& Recreation Board- Ridgway Parkway Trail lmprovemerds 4 1/31/2013 2 Project. Schedule LO Parlaaf M1111rgalfrd l! nMf3MrIf1 q ZJD En"~ WKII OommwdtV & PUMM 21 TMaArY Advhory CgrtRttlt4e P mffDn9sl — —. 22 Puble Engegfrn (2 public MWkw0 rr - 2a Dowd M OWWASIOW10 Baled m 0 ` 17A NWWA ety Dl *mrk 7 Rind Dn4ft — --_-.. _. �....- _. - - - .— 40 CwrwBf MwYPwMtt. 4" 4d Site Arsepslt apd Oesw AlMmgws 42 twmMrte MW Mart D"" WMA 43 TfctdcM AWWA _ WHO dMrrape Wslgn _ TrafRe AssmmxA -- -- 4.4 0051 rsthneff _ LO PnpfraBOn M ferrhwa AMM O"mo k Develop FWpM and Mffd - - - - _ Alkrretrea AMW* Pidswav Parkwav Sharad-IAP Path and Overlook IIT orovements ISA 091 -070 -CIM De Minkr2s SOCOM 4M Rpwk Determine PmWred Alternative Prepare MmI t Protect Memorandum _ Prepare Final PrOled Memorandum _-..- AO mMrawMr M Dodwrfnt trf St. MOOR PlehNg -- Mlnaars fM Mr"ol eft DA"" W" & In/os61al - -- rp+yyMA•gsryorf aAA AM i 02/12/2013 Minneapolis Park& Recreation Board - Ridgway Parkway Trail Improvements 5 Preliminary Engineering Concepts: Proposed Shared -Use Path along Ridgway Parkway I °-- Ridgway Parkway ARxnallvrs 02/12/2013 Recreation Board - 6 1/31/2013-) 3 rr - 4" Pidswav Parkwav Sharad-IAP Path and Overlook IIT orovements ISA 091 -070 -CIM °-- Ridgway Parkway ARxnallvrs 02/12/2013 Recreation Board - 6 1/31/2013-) 3 54 Preliminary Engineering Concepts: Potential Future Shared -Use Path along St. Anthony Blvd. Plan Yew o"«uan nw a �o �r yy4 A J41 06 l(: Sa.tlal PaJiq To14-1 slra y •° �FwYr � � r - •• �} Sectbn an' ZAN \•A5♦ X11 - ^- rs--�y , Ridgway Pa rkwa7 Shared -Use Path and Overlook Improvements (s.l? o9i-o7o•oi9) � JanwrY Tela St, anitwruy t»alrrard aR�rnetivae 02/12/2013 Minneapolis Park& Recreation Board - Ridgway ParkwayTralllmprovements 7 Preliminary Engineering Concepts: Proposed Overlook Plaza at Ridgway Parkway Parking Area 02/12/2013 MinneapnU Park& Recreation Board J' KEY x ave. Q Overlook QQ` Concept A 1/31/2013 4 Plan Yew o"«uan nw a �o �r yy4 l(: Sa.tlal PaJiq To14-1 slra � �FwYr � � r - •• �} Sectbn an' R K 02/12/2013 MinneapnU Park& Recreation Board J' KEY x ave. Q Overlook QQ` Concept A 1/31/2013 4 Plan Yew o"«uan nw a �o �r yy4 l(: Sa.tlal PaJiq To14-1 slra � � Pren+ea a..ea �aYna n"aa. Sectbn an' 02/12/2013 MinneapnU Park& Recreation Board J' KEY x ave. Q Overlook QQ` Concept A 1/31/2013 4 Next Steps 1) Complete Project Memorandum for MN -DoT review 2) Complete Preliminary Engineering drawings and cost estimates 3) Present to Park Board with public hearing (date TBD) 4) For Ridgway improvements only: • Securefunding • Schedule final design and construction 02/12/2013 1/31/2013 56 THIS PAGE LEFT INTENTIONALLY BLANK St. Anthony Village . Iv so Liquor Operations \a Background • St. Anthony Marketplace 2700 Highway 88 • Silver Lake Village 2602 391h Avenue Employs: • Liquor Operations Manager • Assistant Operations Manager • Store Manager Full Time Lead Clerk • 25 Part Time sales Clerks Mission statement Our goa l is to actively prevent the sale of beverages that contain alcohol to minors and intoxicated persons, while simultaneously ,generating revenue for the community, in accordance with all city, state and county liquor laws and ordinances, I The Value of a Municipal Liquor operation Control the Sale of Alcohol. Generate Revenue for the Community. Our Profits are used for: . Reducing the Property Tax Levy. . Providing Funds for Special Projects. . Providing Funds for Equipment Purchases for Police, Fire and Public Works. The Liquor Operation successfully passed all of the alcohol and tobacco compliance checks performed by the Police Department. 5 Year Profit history $550,000 $500,000 $450,000 $400,000 $400,422 $350,000 $300,000 5250,000 $200,000 $150,000 -� I $100,000 2008 $524,303 $470,364 $465,798 $470,366 2009 2010 2011 2012 r"I U Breakdown of Sales Marketplace store �4 F had 172,072 sales. Average sale amountOr!, +.� was $22.63. � Silver Lake Village store had 152,605 ' z sales. Average sale b yp, if! amount was $21.29. ~ Mix &Mise. Sales ales by 3% Category $1,930,457 $2,053,044 0 Spirits 29% Wine F� $2,967,220 41% Mix & Misc. Gross Profit 5% by Category Spirits 29% 34% Wine 32% fi Trends Percent of Category Sales remain the same. Profit percentages of Categories continue to climb with the Wine Category increasing the most. Spirits: Small Batch Straights and Bourbons, Single Malt Scotches, Irish Whiskey, Cordials. 44 Wine: Blended Reds, Chardonnay, Pinot Noir, Cabernet and Box Wines. _._ Beer: Micro/Craft and Imported beers. Comparisons and Benchmark Turn Ratio = 6.7 X Per Year Inventory Value = 11 % of Total Sales Labor Costs = 10% of Total Sales 00§ales Per Square Foot = $780.00 11 71h in the State in Total Sales 61h out of 19 in Metro Area in Net Profits Auditor's Report/State Averages Operating Expenses St. Anthony State Aug_ . 2012 17.01% NIA . 2011 16.5% NIA . 2010 16.2% 17.1% . 2009 16.0% 17.0% . 2008 17.0% 17.9% . 2007 15.9% 18.6% . 2006 16.0% 18.0% . 2005 16.1% 17.9% Guest Appearances Kieran Folliard 2 Gingers Irish Whiskey Tom Long CEO of Miller/Coors Beer Ernest Gallo Jr. Chairman of EW Gallo Winery New Web Page Customer Survey Employee Relations, Store Appearance,' Product Selection: 90% 'Excellent or Good Overall Rating Why do our Customers shop at our stores? :.43% Convenience/Location :.27% Selection 17% Prices/Sales/Coupons 13% Friendly Staff 73% Aware that our profits reduce taxes. Web Site www.stanthonyvillagewineandspirits.com Facebook 21 � • off ��® - Af'SC,Fi < � a Am 1771. �;-. 67 11 68 THIS PAGE LEFT INTENTIONALLY BLANK 69 'nZIa hary C% Report Date: Meeting Date: RFcV_kE7,ST FOK COkNCIL CONSIDElz ANON February 12, 2013 February 12, 2013 Resolution 13-026; a Resolution Approving Installation of a Telecommunications Facility on the City's Water Tank located at 3109-33,x+ Avenue. (Verizon) OVERVIEW: Enclosed is the lease and memorandum of understanding for installation of a telecommunications facility on the City's water tower located at 3109 -33rd Avenue. Highlights of the lease include: • Nine (9) Antennas (Exhibit A shows location on tower) • $24,000 annually (3% annual increase) + $5,000 one-time payment • $6,000 escrow for legal/ engineering • Six (6) month termination notice • Interference Study • Responsible for maintenance of tower in case if antennas are removed & re- installed • Antennas and cables must be painted same color of tower • Removal at end of term - $2,000 deposit - responsible for any restoration • Must be installed before December 31, 2013 or agreement is terminated 70 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 13-026 A RESOLUTION APPROVING INSTALLATION OF A TELECOMMUNICATIONS FACILITY ON THE CITY'S WATER TANK LOCATED AT 3109 - 33RD AVENUE WHEREAS, Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless desires to install a high speed wireless internet facility on the City's Water Tank located at 3109 - 33rd Avenue; and WHEREAS, the installation of a telecommunications facility on the City's water tank will provide a source of income for the City of St. Anthony; and WHEREAS, the mutually agreed upon lease terms for the water tank located at 3109 - 33rd Avenue, St. Anthony, MN 55418 are as follows: Rent: $24,000 annually and $5,000 one-time payment Annual rent Escalator: Three (3) percent increase Legal: $6,000 escrow for legal/ engineering Termination Notice: Six (6) month notice WHEREAS, the mutually agreed Verizon Wireless equipment to be installed are as follows: Nine (9) antennas installed on the water tank; WHEREAS, the telecommunications facility must be installed before December 31, 2013 or the agreement is terminated. NOW THEREFORE, BE IT RESOLVED, that the City of St. Anthony Village hereby approves installation of a high speed wireless internet facility at the site of the City's water tank located at 3109 - 331d Avenue, St. Anthony, MN 55418, under the conditions and lease terms as stated above, which were mutually agreed upon by the City of St. Anthony and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless. Adopted this 12i11 day of February, 2013. Randy Stille, Mayor Pro Tem ATTEST: Barbara Suciu, City Clerk Review for Administration: Mark Casey, City Manager P:\Council Meetings\2013\02122013Ves verizon water tower.doe 71 72 THIS PAGE LEFT INTENTIONALLY BLANK 73 SITE NAME: M1NC Central SITE NUMBER: ATTY/DATE: 1/23/2013 WATER TOWER LEASE AGREEMENT This Agreement, made this day of , 20. between St. Anthony Village, Minnesota, a Minnesota statutory city, also known as the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, with its principal offices at 3301 Silver Lake Road, St. Anthony, Minnesota 55418, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866- 862-4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: L PREMISES. LESSOR hereby leases to the LESSEE.; a portion of that certain space ("the Tower Space") on the LESSOR's water tower, hereinafter referred to as the "Tower", located at 3109 33`d Avenue Northeast, in the City of St. Anthony, County of Hennepin, State of Minnesota, as being further described in Exhibit `hA" attached hereto and made a part hereof (the entirety of LESSOR's property is referred to hereinafter as the "Property"), together with a parcel of land (the "Land Space") sufficient for the installation of LESSEE's equipment building; together with the non-exclusive right ("the Right of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day (subject to Paragraph 13 below), on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, 33`d Avenue Northeast, to the Land Space; and together with any further rights of way (the "Further Rights of Way") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are collectively referred to hereinafter as the "Premises", are substantially described in Exhibit "A", attached hereto and made a part hereof. In the event any public utility is unable to use the Right of Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the LESSEE or to the public utility at no cost to the LESSEE. LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit `B" attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower. 74 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3. TERM; RENTAL• ELECTRICAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of "Twenty-four Thousand and No/ 100 Dollars ($24,000.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR, or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 25 below. The Agreement shall commence based upon the first day of the month in which LESSEE commences installation of the equipment on the Premises (the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January I and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the LESSOR the rental payments for January I and February I by February 13. As additional rent, LESSEE, further agrees to pay LESSOR a one-time payment in the sum of Five Thousand and No/100 Dollars ($5,000.00) which shall be due and payable within forty-five (45) days of the full execution of this Agreement and which shall be non-refundable. The Parties understand and agree that this additional rent is being paid in order to allow LESSEE flexibility in the commencement of construction and potential deferral of the Commencement Date; provided, however that construction shall commence no later than December 31, 2013. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, as follows: (i) documentation, acceptable to LESSEE in LESSEE's reasonable discretion, evidencing LESSOR's good and sufficient title to and/or interest in the Property; and (ii) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 25. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. MINC Central Water'I ower Lease Agreemmnt 22276800 75 Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE Rental Documentation (including evidence of any assignment of this Agreement) in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as provided herein. C. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub -meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub -meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR's reading of the sub -meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at "Verizon Wireless, c/o First Energy, PO 182727, Columbus, 0I-1 43218-2727. LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. RENTAL INCREASE. The annual rental shall be increased by three percent (3%) each year on the anniversary of the Commencement Date. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term; provided however that annual rental shall continue to increase as MMC Cenral W aler'rower Lease Agreement 22276800 76 provided in Section 5 above. The initial term and all extensions shall be collectively referred to herein as the "Term". 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE's use of the Premises and/or the installation, maintenance, and operation of the LESSEE's improvements, and any sales tax imposed on the rent (except to the extent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which LESSOR demonstrates arises from the LESSEE's improvements and/or LESSEE's use of the Premises. LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies, assessments and other charges imposed including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE, respectively, at the Property. Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE, does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE, provided, however, that the exact location of the antennas, connecting cables and appurtenances on the Premises will be as reasonably approved by LESSOR. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the 'Perm. Notwithstanding the foregoing, if LESSEE wishes to increase the number of antennas to more than nine (9), LESSEE must obtain the written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. If LESSOR consents, the LESSOR and LESSEE will negotiate the amount of additional rent for the antennas. It is understood and agreed that MING Cenhal Water "rower Lease Agreement 22276800 77 LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSE,E's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9, INDEMNIFICATION. Subject to Paragraph 10 below, each Party shall indemnify and hold the other harmless against any claim of liability or Toss fi-om personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. INSURANCE. a. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. Each such policy of insurance shall contain an MING Central W atel rower Lease Agreement 22276800 78 endorsement stating that the policy shall not be canceled without thirty (30) days' written notice of such cancellation to the additional insured. C. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Tower at full replacement cost, as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Tower required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. d. LESSEE must maintain Workers' Compensation insurance in compliance with all applicable statutes. e. LESSEE must carry automobile liability coverage with total liability limits for bodily injury liability and property damage liability in the amount of $1,000,000 per accident. Coverage shall be provided for bodily injury and property damage for the ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The commercial automobile policy shall include at least any applicable statutory personal injury protection, uninsured motorists and underinsured motorists coverages. f. LESSEE must keep in force during the term and any renewals of the Agreement a policy covering damages to its property at the Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 9 and 31, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 13. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have access to the Tower only with the approval of LESSOR for the purpose of installing and maintaining the said equipment. LESSEE shall request access to the Tower twenty-four (24) hours in advance, except in an emergency, and LESSOR's approval thereof shall not be unreasonably withheld, conditioned or delayed. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted access to the MINC Cenral Water Tower Lease Agreement 6 222768M 79 Tower or other portions of the Leased Premises. In the event it is necessary for LESSEE to have access to the Tower at some time other than normal working hours of LESSOR, LESSOR may charge LESSEE for whatever expense, including employees' wages, that LESSOR may incur in providing such access to LESSEE. 14. TOWER COMPLIANCE. LESSOR covenants that it will keep the 'rower in good repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. No materials may be used in the installation of the antennas or transmission lilies that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have done with respect to the Tower and throughout the Term, LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. Upon request of the LESSOR, LESSEE, at its expense, agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of LESSOR performing maintenance (including painting of the'I'ower), repair or similar work at the Property or on the'rower provided: a. The Temporary Relocation is similar to LESSEE's existing location in size and is fully compatible for LESSEE's use, in LESSEE's reasonable determination; b. LESSOR gives LESSEE at least thirty (30) days written notice prior to requiring LESSEE to relocate; C. LESSEE is allowed, if necessary, in LESSEE's reasonable determination, to place a temporary installation on the Property during any such relocation; and d. Upon the completion of any maintenance, repair or similar work by LESSOR, LESSEE is permitted to return to its original location from the temporary location. Upon completion of the maintenance, repair or other work on the 'rower, LESSOR shall provide written notice to LESSEE of same, and LESSEE shall promptly reinstall its antennas on the Tower, and LESSEE shall further remove the temporary antenna support structure from the Premises. LESSEE shall also, at that time, have its antennas painted the same color as the Tower. All LESSEE's actions described in this section shall be done at LESSEE's sole cost and expense. LESSEE agrees that all of LESSEE's obligations contained in this Agreement, including but not limited to, defense, indemnification, and insurance obligations, shall continue MING Central Water Tower Lease Agreement 2227680x6 80 during such time as LESSEE's antennas are removed from the Tower, and shall be extended to cover LESSEE's activities on the Property, specifically including but not limited to, the presence and operation of LESSEE's temporary antenna support structure. In addition, upon prior written notice from LESSOR, LESSEE agrees to promptly pay to LESSOR all additional LESSOR expenses incurred in maintaining the Premises, including painting or other maintenance of the Tower, that are caused by LESSEE's occupancy of the Premises. Upon prior written notice from LESSOR, LESSEE further agrees to cooperate with LESSOR in the performance of any maintenance of the Tower, including turning down the cell site when maintenance workers are in the immediate vicinity of the antennas; provided, however, that LESSEE has the right to leave its antennas in place during any such maintenance of the Tower, which maintenance does not including painting. 15. INTERFERENCE. a. Interference Generally. LESSEE shall, at its own expense, maintain its equipment on or attached to the Premises in a manner suitable to LESSOR so as not to conflict with the use of the surrounding premises by LESSOR. LESSEE shall not unreasonably interfere with the operations of any prior tenant using the Tower, and shall not interfere with the working use of the Tower and water storage facilities on the Property or to be placed on the Property by LESSOR. b. Interference Study. Before obtaining a building permit, at LESSOR's request, LESSEE must pay for the cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by the LESSOR showing that LESSEE's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Tower is able to support the LESSEE's equipment, without prejudice to the LESSOR's use of the Tower. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Tower, LESSOR may terminate the Agreement immediately and refund any amounts previously paid by LESSEE. C. With Tower. LESSEE shall not interfere with LESSOR's use of the "Cower and agrees to cease all such actions which unreasonably and materially interfere with LESSOR's use thereof no later than 48 hours after receipt of written notice of the interference from LESSOR. In the event that LESSEE's cessation of action is material to LESSEE's use of the Premises and such cessation frustrates LESSEE's use of the Premises, within LESSEE's sole discretion, LESSEE shall have the immediate right to terminate the Agreement. d. With Higher Priority Uses. If LESSEE's equipment causes impermissible interference with higher priority users as set forth in Paragraph 38 below or with pre-existing tenants, LESSEE shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving LESSOR's written notice of the interference, LESSEE shall immediately cease operating its equipment and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after LESSEE received LESSOR's written notice, LESSOR may at its option terminate the Agreement immediately without paying liquidated damages to LESSEE. In lieu of termination, upon receipt of LESSOR's prior written approval, LESSEE may relocate its facilities to another MING Central Water Tower Lease Agreement 8 22276800 81 location on the Tower (provided such relocation eliminates the interference), at LESSEE's cost but with no additional rent, and the parties shall attach a revised Exhibit A showing the new antenna/coax locations. LESSEE is obligated to fully restore site, including any portion abandoned if LESSEE relocates its facilities in lieu of termination. e. Interference Study - New Occupants. Upon written notice by LESSOR that it has a bona fide request from any other party to lease an area including or in close proximity to the Premises ("Leased Premises Area"), LESSEE agrees to provide LESSOR, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational by LESSEE on the Premises at the time of such request. LESSOR may then have an independent, registered professional engineer of LESSOR's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to LESSEE. LESSOR shall require the new applicant to pay for such interference studies, unless the LESSOR or other higher priority user requests the use. In that event, the LESSEE and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. f. Interference - New Occupants. LESSOR agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to LESSEE, if such party's use is reasonably anticipated to interfere with LESSEE's operation of its equipment. LESSOR agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with LESSEE's equipment, LESSOR agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to LESSEE to provide LESSEE these same assurances against interference. LESSOR shall have the obligation to eliminate any interference with the operations of LESSEE caused by such subsequent occupants. If such interference is not eliminated, LESSEE shall have, as its sole remedy, the right to terminate the Agreement or seek injunctive relief against the interfering occupant, at LESSEE's expense. 16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted; provided, however LESSEE shall restore that portion of the surface of the Tower affected by LESSEE's use thereof. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Upon commencement of this Lease, LESSEE shall deposit with LESSOR the sum of $2,000.00, which amount (without interest thereon) shall be fully refunded to LESSEE upon the timely removal of the equipment, and the restoration of the Premises and any adjacent site, and the restoration of the "lower surface, all to the reasonable satisfaction of the LESSOR. In the event that LESSEE's equipment and equipment building are not removed as herein provided, LESSEE's equipment and equipment building shall be deemed MINC Cenh'al Water' rower Lease Agreement 2227680,6 82 abandoned and become the property of the LESSOR, and LESSEE shall have no further rights thereto. Notwithstanding the foregoing, if LESSOR removes the equipment and/or equipment building, LESSOR must give written notice to the LESSEE at the address provided, informing LESSEE of such removal and that such property will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days of the written notice. 17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 16 shall be equal to 150% of the rent applicable during the month immediately preceding such expiration or earlier termination. 18. [INTENTIONALLY OMITTED]. 19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and or Property occupied by LESSEE, or a larger portion thereof, for the propose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to Zook to LESSOR and the third party for the full performance of this Agreement. 20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises, subject to the terms and conditions of this Agreement. 21, TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. This Agreement shall be subject to any and all existing easements. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and MING Cenral Water rower Lease Agreement 10 22276800 83 enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 24. ASSIGNMENT. ']'his Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 25. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: St. Anthony Village, Minnesota 3301 Silver Lake Road St. Anthony, Minnesota 55418 Attention: Director of Public Works LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 26. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 27. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain not later than fifteen (15)days following the execution of this Agreement, a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future MINC Central Water Tower Lease Agaemmu 1 1 22276800 84 master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property, "Power or right-of- way; ight-ofway; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor -in - interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Tower or Property, Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Tower or Property and (3) agrees accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. 28. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 29. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period MMC Central Water TorreLease Agreement 12 2227680,6 QJ and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) business days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) business days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 30. REMEDIES. Subject to applicable notice and cure periods, in the event of a default by either Party with respect to this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, the Parties shall use reasonable efforts to mitigate their damages. 31. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Tower or Property, except to the extent such conditions or concerns are caused by the specific activities of LESSEE, its members, officers, employees, agents or contractors at the Premises. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, except to the extent such non-compliance results from conditions caused by LESSEE, its members, officers, employees, agents or contractors; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Tower or Property or activities conducted thereon, except to the extent such environmental conditions are caused by LESSEE, its members, officers, employees, agents or contractors. MMC Central Water Tower Lease Agreement 13 22276800 86 C. LESSEE will be solely responsible for and will defend, indemnify, and hold harmless LESSOR and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, liabilities, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, arising out of or in connection with any cleanup or restoration of the Premises associated with LESSEE's use of Hazardous Materials or other regulated substance. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations. The obligation of this section shall survive the expiration and term sections of the Agreement. 32. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 33. CONDEMNATION. In the event of any condemnation of the Property, Premises or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, a• if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. MMC Cential Water I'mar Lease Agreement 14 22276800 87 34. SUBMISSION OF AGREEMENT / PARTIAL INVALIDITY/AUTFIORITY. 'The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 35. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 36. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 37. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 38. USER PRIORITY. LESSEE agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Agreement is in effect, and LESSEE's use shall be subordinate accordingly: a. Public safety and water storage/delivery uses of LESSOR; b. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the LESSOR; C. Other governmental agencies where use is for a public purpose but not including any non -emergency communications service; and d. LESSEE and existing antenna facilities of other government regulated entities whose antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, but not including radio or television broadcasters. MMC Cenn'al Water Tower Lease Agreement 15 22276800 88 Subject to higher priority users as set forth herein and pre-existing tenants in the same priority category, LESSEE shall have preference over subsequent tenants in same priority category for locating LESSEE's temporary antenna support structure and equipment facilities, which structure is referred to in Paragraph 14 above, and for other such issues which may cause a conflict among tenants in the same priority category. 39. CONSTRUCTION AND MAINTENANCE STANDARDS. LESSEE shall comply with all construction and maintenance standards set forth in the City Code. LESSEE shall, at its sole expense maintain its equipment and its equipment building in good condition throughout the term of the Agreement and in accordance with standard good engineering practices and conform, when applicable with the National Electrical Safety Code and applicable other federal, state and local laws or regulations. The exterior of the equipment building on the Land Space shall have been approved by LESSOR, which approval shall not be unreasonably withheld, delayed or conditioned. The equipment building will house all of LESSEE's equipment maintained on the ground. Any of LESSEE's equipment mounted on the'rower shall, at all times, be painted, at LESSEE's expense, the same color as the Tower. 40. DAMAGE TO PROPERTY. If the Property or a portion of the Premises is damaged and such property would not have been damaged but for the installation, maintenance or operation of LESSEE's equipment, LESSEE shall repair or rebuild such property to substantially the condition in which it was in immediately prior to such damage. 41. DRAWINGS. LESSEE shall provide LESSOR with as -built drawings of the equipment and improvements installed on the Premises, which show the actual location of same. Said drawings shall be accompanied by a complete and detailed inventory of all equipment actually placed on the Premises. 42. TERMINATION OF AGREEMENT BY LESSOR. This Agreement may be terminated by LESSOR upon sixty (60) days written notice to LESSEE as follows: a. If LESSEE fails to commence construction by December 31, 2013; b. If LESSEE sells or attempts to sell its interest in the Premises under execution or similar legal process; C. If a receiver or trustee is appointed for LESSEE's business or property and such appointment is not vacated within thirty (30) days of the date of such appointment; d. If LESSEE makes an assignment for the benefit of creditors; e. If LESSEE's interest under this Lease automatically passes to any other person or entity by operation of law, except as otherwise expressly permitted by the terms of the Agreement; f If LESSOR's governing body decides, for any reason, to redevelop the Premises in a manner inconsistent with continued use of the Premises by LESSEE and, or MMC Ccnhsl Wate) rower lease Agreement 16 22276800 89 decides to demolish and discontinue use of the Tower for all purposes; provided, however that such termination requires one year prior written notice to LESSEE; g. If LESSOR determines in its reasonable discretion that the Tower is structurally unsound, including, but not limited to, consideration of age of the Tower, damage or destruction of all or part of the Tower on the Premises from any source, or factors relating to condition of the Premises; provided, however, that LESSOR shall permit LESSEE to install and operate a temporary cell site and antenna structure on the Property for up to one year following the written notice of termination while LESSEE finds a permanent replacement site; or If, as a result of a request from a potential user with a higher priority under Paragraph 38 above, LESSOR determines that such user cannot find another adequate location, or the LESSEE's equipment unreasonably interferes with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study. In lieu of termination, upon receipt of LESSOR's prior written approval, LESSEE may relocate its facilities to another location on the Tower (provided such relocation eliminates the interference), at LESSEE's cost but with no additional rent, and the parties shall attach a revised Exhibit A showing the new antenna/coax locations. LESSEE is obligated to fully restore site, including any portion abandoned if LESSEE relocates its facilities in lieu of termination. 43. LIMITS TO INDEMNIFICATION. The indemnifications provided by LESSOR in this Agreement are limited to the monetary limits on liability provided in Minnesota Statutes, Chapter 466 and, further, nothing in this Agreement shall be construed to waive the immunities or liability limits provided in Minnesota Statutes, Chapter 466 or other applicable state or federal laws. Signatures on following page Remainder of page intentionally left blank MINC Cenlral Water rawer Lease Agreement 17 2227680,6 90 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year written below. LESSOR: LESSEE: St. Anthony Village, Minnesota, a Minnesota Verizon Wireless (VAW) LLC statutory city d/b/a Verizon Wireless By: Name: Randy Stille Its: Mayor Pro Tem Bv: Name: Mark Casey Its: City Manager Date: By: Lynn Ramsey Its: Area Vice President Network Date: Remainder ofpage inlentionally 1e1l blank MMC Central Water Tower Lease Agreement 18 22276800 91 Exhibit "A" (Legal Description of Property) Page 1 of 3 The West 20 acres of the Southwest Quarter (SWI/4) of the Northeast Quarter (NEI/4) of Section 6, Township 29, Range 23 according to the U.S. Government Survey thereof Hennepin County, Minnesota, except: The West Half (W1/2) of the South Half (SI/2) of the West Half (WI/2) of the Southwest Quarter (SWI/4) of the Northeast Quarter (NEI/4); and except; The West 270 feet of the South 120 feet of the North Half (NI/2) of the West Half (WI/2) of said Southwest Quarter (SWI/4) of the Northeast Quarter (NE I/4). M W C Cenlral Wale, I ower Lease Agreement 22276800 92 Exhibit "A" (Sketch of Land Space within Property) a I nt IM a h Page 2 of 3 MING Cealml Water Tmer Lnse Agreement 22276800 r. nt IM a h Page 2 of 3 MING Cealml Water Tmer Lnse Agreement 22276800 93 Exhibit "A" (Sketch of Tower Space) Page 21 of 3 MING Central Wates l'mver Lease Agreement 22276800 94 Exhibit `B" (Radio Communications Equipment, Antennas and Appurtenances) Page 1 of 2 Nine (9) antennas at fifty-three (53) and fifty-five (55)foot centerline above ground level, eighteen (18) cable lines from equipment to antennas, equipment building with communications/power supply equipment, telephone and electrical facilities, and all associated equipment and appurtenances related to the aforementioned antennas, lines, equipment and facilities. MMC Cenlral Waler "rower Lease Ag, eemew 22276800 (Survey) Exhibit "C" Page I of I MINC Central Waler'Power Lease Agreement 22276800 95 fill; J! :1 ;I �4 ll lil 1llit I I i t i I �f5tj 1 ili i li! 1 i i j f IN 1 t f i, i�i J;�; i lit . . . . . . 4 , I , I ii 11 'llj . �fl . . . . . . . .c it ill lli n ji T 4 N t 1; tit t MINC Central Waler'Power Lease Agreement 22276800 95 fill; MINC Central Waler'Power Lease Agreement 22276800 95 96 THIS PAGE LEFT INTENTIONALLY BLANK 97 DRAFTF'D 13Y AND RETURN TO: Moss & Barnett (JDL) 4800 Wells Fargo Building 90 South Seventh Street Minneapolis, MN 55402-4129 (Site Name: MINC Central) (Prepared by Carin M. Kanstrup, Telephone No. (612) 877-5342) (Space above this line for Recorder's use) MEMORANDUM OF WATER TOWER LEASE AGREEMENT THIS MEMORANDUM OF WATER "TOWER LEASE AGREEMENT is made this day of , 20 , between the St. Anthony Village, Minnesota, a Minnesota statutory city, also known as the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, with its principal offices at 3301 Silver Lake Road, St. Anthony, Minnesota 55418, hereinafter referred to as ("LESSOR"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its address for notice located at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter referred to as ("LESSEE'). LESSOR and LESSEE' are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". LESSOR and LESSEE entered into a Water Tower Lease Agreement (the "Agreement") on , 20_, for an initial term of five (5) years, commencing on the Coin mencement Date. The Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. If at the end of the fourth (4th) five (5) year extension term the Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, the Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5) years and for five (5) year terms thereafter until terminated by either Patty by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. 98 2. Pursuant to the Agreement, LESSOR leased to the LESSEE a portion of that certain space ("the Tower Space") on the LESSOR's water tower, hereinafter referred to as the "Tower", located at 3109 33rd Avenue Northeast, in the City of St. Anthony, County of Hennepin, State of Minnesota, as legally described on Exhibit"A" attached hereto and made a part hereof, together with a parcel of land sufficient for the installation of LESSEE's equipment building; together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day (subject to Section 13 of the Agreement), on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a right-of-way extending from the nearest public right-of-way, 33rd Avenue Northeast, to the Land Space; and together with any further rights of way over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. In the event any public Utility is unable to use the aforementioned rights-of-way, the LESSOR has agreed to grant an additional right-of-way either to the LESSEE or to the public utility at no cost to the LESSEE,. The Agreement shall commence based upon the first day of the month in which LESSEE commences installation of the equipment on the Premises (the "Commencement Date"). 4. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the heirs, personal representative, successors and assigns of LESSOR and LESSEE. Signatures on following page The remainder of this page intentionally left blank MING Central Memorandum of WNor 'rower Lease Agreement 22280480 99 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum the day and year written below. LESSOR: St. Anthony Village, Minnesota, a Minnesota statutory city Bv: Name: Randy Stille Its: Mayor Pro Tem Bv: Name: Mark Casey Its: City Manager Date: LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By: Lynn Ramsey Its: Area Vice President Network Date: Acknowledgments on following page The remainder of'this page intentionally left blank MING Central Memorandum or Water Tower Lease Agreement 3 22280480 7.00 ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT STATE OF MINNF,SOTA ) ) ss. COUNTY OF FIENNEPIN ) This instrument was acknowledged before me on 20, by Randy Stille and Mark Casey, the Mayor Pro 'Fein and City Manager, respectively of St. Anthony Village, Minnesota, a Minnesota statutory city, on behalf of the statutory city. (Seal, if any) Signature of Person Taking Acknowledgment Title or rank Serial Number, if any LESSEE ACKNOWLEDGMENT STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) On this day of , 20 , before me, the undersigned, a Notary Public in and forthe State of Illinois, duly commissioned and sworn, personally appeared Lynn Ramsey, to me known to be the Area Vice President Network of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrwnent to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. M INC Central Memorandum of Water'rower Lease Agreement 22280480 Print or Type Name: Notary Public in and for the State of Illinois My appointment expires: 1.01 Exhibit "A" (Legal Description) Page 1 of 1 The West 20 acres of the Southwest Quarter (SWI/4) of the Northeast Quarter (NEI/4) of Section 6, Township 29, Range 23 according to the U.S. Government Survey thereof Hennepin County, Minnesota, except: The West Half (WI/2) of the South Half (Sl/2) of the West Half (WI/2) of the Southwest Quarter (SWI /4) of the Northeast Quarter (NEI/4); and except; The West 270 feet of the South 120 feet of the North Half (N1/2) of the West Half (W1/2) of said Southwest Quarter (SWI/4) of the Northeast Quarter (NEI/4). MINC Central Memorandum of Wates'rower Lease Agreement 22280480 102 THIS PAGE LEFT INTENTIONALLY BLANK FUTURE COUNCIL DA ITEMS 2/12/2013 Meeting Meeting Staff Items/Issues Date Type present 2013 Street Hnprovement Proi Public Hearing Ordering Improvements City Council Public Bearing Adopt & Confirm Assessments City Manager February 26 Regular General Business City Engineer Awarding Contract for Construction John Malenick, Fire Chief C Call for Sale of GO Bonds Fire Department Annual Report City Council March 11 Special Joint Meeting with Parks Commission City Manager Parks Commission Planning Commission Items from February Presentation of 2013.Goals 2013 Street hnprovement Project City Council Accept Offer of Bonds City Manager March 12 Regular Approve Sale of Bonds Dave Unmacht Water, Sewer & Stormwater Rate Increase (first reading) City Engineer Police & Admin Annual Reports John Ohl, Police Chief Planning Commission Work Plan Spirit of St. Anthony Award City Council Special Joint Meeting with Planning Commission (5:30 pm) City Manager March 18 Worksession Navigating the New Normal (6:30 pm) Planning Commission Department Heads Water, Sewer & Stormwater Rate hicrease (second reading) City Council March 26 Regular Public Works Annual Report City Manager Open to Business Jay Hartman, Public Works Planning Commission Items from March City Council April Regular Water, Sewer & Stormwater Rate Increase (final reading) City Manager City Council April 23 Regular Public I fearing on 2014 Budget City Manager Finance Director HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY February 12, 2013 Call to Order. Roll Call. 1. Approval of February 12, 2013, H.R.A. Agenda. 11. 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 January 22, 2013, H.R.A. Minutes. (pp. 1-2) B. Claims. (pp. 3-4) III. Public Hearings. IV. General Policy of Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. F:1Counci] MceWigs12013102122013W1RA agenda.doex 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING JANUARY 22, 2013 CALL TO ORDER. Chair Faust called the meeting to order at 8:20 p.m. ROLL CALL. Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. Commissioners absent: None. Also present: Executive Director Mark Casey. I. APPROVAL OF JANUARY 22, 2013, H.R.A. AGENDA. Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the January 22, 2013, Housing and Redevelopment Authority Agenda as presented. Motion carried unanimously. II. CONSENT AGENDA. Motion by Commissioner Jenson, seconded by Commissioner Gray, to approve the Consent Agenda, which consisted of: A. H.R.A. Meeting Minutes of January 8, 2012; B. Claims; III. PUBLIC HEARINGS. None. IV. GENERAL POLICY BUSINESS OF THE H.R.A. None. V. STAFF REPORTS. None. VI. H.R.A. COMMISSIONER COMMENTS. None. Motion carried unanimously. II 2 Housing and Redevelopment Authority Meeting Minutes January 22, 2013 Page 2 I VII. INFORMATION AND ANNOUNCEMENTS. 2 3 None. 4 5 VIII. ADJOURNMENT. 6 7 Chair Faust adjourned the meeting at 8:25 p.m 9 Respectfully submitted, 10 Debbie Wolfe 11 TimeSaver Off Site Secretarial, Inc. 12 City of St Anthony Village Vendor Number no CITY OF ST ANTHONY CHECK REGISTER Check Issue Dates: 2/13/2013 - 2/13/2013 Page: 1 Feb 05, 2013 03:47PM Payee Check Number Check Issue Date Amount 10432 DORSEY & WHITNEY 19762 02/13/2013 2,106.00 10461 EHLERS & ASSOCIATES, INC. 19763 02/13/2013 1,188.75 10726 INLAND REAL ESTATE CORPORATION 19764 02/13/2013 2,208.33 11810 METROPOLITAN CONSORTIUM OF 19765 02/13/2013 2,250.00 Grand Totals: 7,753.08 9 THIS PAGE LEFT INTENTIONALLY BLANK