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.
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10 None.
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12 VI. GENERAL BUSINESS OF COUNCIL.
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14 A. Sustainability Workshops Recap Presentation. Dave Wanberg is presenting.
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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.
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35 The students created a poster and copies have been printed and can be seen at City Hall.
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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.
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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
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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.
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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.
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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
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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
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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
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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
-
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Senior Lands at Silver Lake Village
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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
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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 -
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1/31/20135
1
52
Project Background
Grand Rounds Missing Link Development Study (2008)
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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
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Determine PmWred Alternative
Prepare MmI t Protect Memorandum _
Prepare Final PrOled Memorandum
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02/12/2013 Minneapolis Park& Recreation Board - Ridgway
Parkway Trail Improvements 5
Preliminary Engineering Concepts:
Proposed Shared -Use Path along Ridgway Parkway
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Preliminary Engineering Concepts:
Potential Future Shared -Use Path along St. Anthony Blvd.
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Preliminary Engineering Concepts:
Proposed Overlook Plaza at Ridgway Parkway Parking Area
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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
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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
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67
11
68
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69
'nZIa
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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Waler'Power Lease Agreement
22276800
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MINC Central
Waler'Power Lease Agreement
22276800
95
96
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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
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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
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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
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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
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