HomeMy WebLinkAboutCC PACKET 06141994 Meeting Sheet
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Box: 22
Folder: CC PACKETS 1994-1998
Document: CC PACKET 06141994
CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING AGENDA
JUNE 141 1994
7:00 P.M.
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
Ill. APPROVAL OF JUNE 14, 1994. COUNCIL AGENDA.
IV. APPROVAL OF THE FOLLOWING COUNCIL MEETING MINUTES:
A. Special Meeting of May 6, 1994.
B. Special Meeting of May 10, 1994.
C. Special Meeting of May 16, 1994.
D. Regular Meeting of May 24, 1994.
V. LICENSES/PERMITS/PETITIONS.
s
A. Licenses.
B. Bingo permit request from St. Anthony Sports Boosters.
C. Petition for a stop sign at 35th Avenue N.E. and Belden Drive.
D. Petition for a street light between 2916 Rankin Road and 3000 Rankin
Road.
VI. PRESENTATION OF CLAIMS.
A. The Brimeyer Group - $4,286.47.
B. Hance, LeVahn & Desmond, Inc. - $2,400.00.
C. Dorsey & Whitney:
1 . $2,118.00.
2. $523.80.
D. Rieke Carroll Muller Associates, Inc. - $7,579.00.
E. Progressive Contractor, Inc. - $4,580.42.
F. W. B. Miller - $24,919.44.
G. Verified.
Council Meeting Agenda
June 14, 1994
Page 2
VII. REPORTS.
A. State Representative Mary Jo McGuire will be present to give an
update on legislative actions.
B. Representatives from Ramsey County will be present to discuss
ponding at the Salvation Army Camp.
C. Planning Commission - May 17, 1994.
1 . Paul and Susan Johnson, 2800 - 36th Avenue N.E., fence
variance.
2. MAKO, Inc., Concept Review.
D. Mayor.
E. Councilmembers.
F. Interim City Manager.
1 . Update on the sale of the City's two lots off of Kenzie Terrace.
2. Proposed signal lights on Stinson Boulevard between 38th and
39th Avenues N.E..
3. Request from Fast Glass, Inc. for Council to hear their
conditional use request on June 28, 1994.
4. Informational letter from Happy's:
5. Recycling phone books.
6. Discussion of meeting minutes.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Change Order No. 2 on 1994 street and water main improvements
projects.
B.. Resolution 94-032, re: Community Services rental lease.
C. Resolution 94-035, re: Hennepin County Assessing Agreement.
D. ' Resolution 94-038, re: Amendment to assessment policy.
E. Resolution 94-039, re: Temporary salary adjustment for Interim City
Manager.
X. UNFINISHED BUSINESS - None.
XI. ADJOURNMENT.
MEMORANDUM
DATE: June 14, 1994
TO: Larry Hamer, Interim City Manager
FROM: Roger Larson, Finance Director
ITEM: PIPER INSTITUTIONAL GOVERNMENT FUND
In the past few days, there has been several articles in the Star Tribune regarding Piper Capital
Managements Institutional Government.Fund. Over 20 cities and counties have suffered large
losses of capital due to the:rapid decline in the value of the fund.
Investors have filed a class action lawsuit indicating Piper misled them in the volatility of the
fund. Sales representatives selling the fund stated "the fund carries no more than 5% high risk
derivatives." Recent analysis by the State Auditor documents the fund carried up to 50%
derivatives.
The City of St. Anthony had assets in this investment until November of 1993. The following
is a recap of the city's investment:
1) June '91 purchased 82,364.34 shares at a cost of $10.32 ($850,000)
2) Sold November '93 at $12.02 a share ($1,229,895.33)
3) Capital Gain & Investment Earnings $ 379,895.33
After liquidation of the investment, the City entered into a managed portfolio agreement with
Piper Capital Management. The annual results of the portfolio (6.73% in 1992 and 8.55% in
1993) were impressive and the basic instruments invested in included T-Bill; T-Notes; T-Bonds
and occasional Commercial Paper.
To date the managed portfolio has not performed to my expectations nor has it compared to the
interest rates which Piper Capital Management quoted the City of St. Anthony. As of 6/6/94
profit from the concept was averaging 2%.
Based on the performance of the managed portfolio and the $200 million dollar class action suit,
I am recommending Termination of the Investment Management Agreement between the City
of St. Anthony and Piper Capital Management.
The overall concern I have is that a-settlement of a suit this large may impact.Piper Capital
Management to the point of financial insolvency. In addition, I am concerned the stress and
inter-political events of the suit may impede Pipers ability to act in the best interest of St.
Anthony.
Therefore, in addition to terminating the agreement, I am recommending all assets currently held
at Piper Capital Management be transferred to Dean Witter for investment in traditional
government backed securities and instruments.
Please review the attached termination clause in the Investment Management Agreement which
freezes Piper's ability to make transactions after receiving notice of termination of the
agreement.
If the City Council has any questions or concerns, I am available at any time to meet with them.
CITY OF ST. ANTHONY
RESOLUTION 94-040
A RESOLUTION AUTHORIZING THE MAYOR, INTERIM CITY
MANAGER, AND FINANCE DIRECTOR TO TERMINATE THE
PIPER CAPITAL MANAGEMENT INVESTMENT MANAGEMENT AGREEMENT
WHEREAS, the City of St. Anthony executed an investment management agreement with Piper
Capital Management dated March 8, 1994, by the approval of Resolution 94-020.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby authorizes the Mayor, Interim City Manager and the Finance Director to terminate the
Investment Management Agreement between the ,City of St. Anthony and Piper Capital
Management Incorporated.
BE IT FURTHER RESOLVED, that the Finance Director is hereby authorized to transfer the
assets held at Piper Capital Management to Dean Witter, Inc.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
CITY OF ST. ANTHONY
RESOLUTION 94-020
A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER,
AND FINANCE DIRECTOR TO EXECUTE AN
INVESTMENT MANAGEMENT AGREEMENT
BE IT RESOLVED, that the Mayor, City Manager and Finance Director are hereby authorized
to execute an Investment Management Agreement between the City of St. Anthony and Piper
Capital Management Incorporated, on behalf of the City, for the purpose of setting forth the terms
and conditions by which Piper Capital Management Inc. will manage the assets designated for
management.
Adopted this +fi day of 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
security or assets shall be valued in a manner determined in good faith by Adviser to reflect its
fair market value.
12. Investment Objectives and Restrictions. It will be Client's responsibility.to advise
i Adviser of the investment objectives of the Portfolio and of any changes or modifications therein
as well as any specific investment restrictions applicable thereto in addition to those set forth in
paragraph 2 hereof and to give Adviser prompt written notice if Client deems any investments
t: made for the Account to be in violation of such objectives or restrictions. The execution and
delivery of this Agreement by the Client shall constitute the representation by Client that the
terms hereof do not violate any obligation by which Client is bound, whether arising by contract,
operation of law or otherwise, and if Client is a corporation or trust, that this Agreement and
the types of investment contemplated hereby have been duly authorized and when this Agreement
} is so executed and delivered it will be binding upon Client in accordance with its terms. Client
agrees that it will deliver to Adviser such evidence of such authority as Adviser may reasonably
request, whether by way of certified corporate resolution or otherwise.
13. Investment in Piper Funds Inc Adviser also serves as investment adviser for the
Piper Funds Inc., a registered, open-end investment company p y (the "Company"), the principal
underwriter for which is Piper Jaffray. One of the several investment funds maintained by the
Company is a series thereof designated the Money Market Fund (the "Money Market Fund").
Investment advisory fees are paid by the Money Market Fund to Adviser pursuant to the terms
of an investment advisory agreement between Adviser and the Company. In the execution of
its duties under paragraphs 2 and 3 hereof, Adviser may, when it deems appropriate, and to the
extent authorized under paragraph 2, purchase or sell shares in the Money Market Fund for the
Portfolio and enter into appropriate agreements relating thereto with Piper Jaffray on behalf of
Client. Adviser's fees hereunder are based upon the market value of the Portfolio, which may
? include shares in the Money Market Fund.
14. Personnel Designations. Client may not designate the employee, officer or
associate of Adviser who shall perform the services set forth in this Agreement.
15. Assignment. No assignment, as that term is defined in the Investment Advisers
Act of 1940, as amended from time to time, of this Agreement shall be made by Adviser without
the written consent of Client.
16. Amendment. This Agreement may be amended at any time by written agreement
between Adviser and Client.
17. Termination. This Agreement may be terminated without the payment of any
penalty by either party upon thirty (30) days' prior written notice to the other party. After any
such notice by Client, all transactions by Adviser on Client's behalf shall require the prior
written approval of the Client's Director of Finance. This Agreement may also be terminated
by Client without the payment of any penalty within five business days after the date of' this
Agreement upon written notice to Adviser. Notice shall be considered given when received by
Adviser at the following address:
- 4 -
I'ilu•r(:al,iial i\•Iana�cnicni
CITY OF ST. ANTHONY
CITY COUNCIL SPECIAL MEETING MINUTES
May 6, 1994
Mayor Ranallo called the special meeting to order at 6:00 P.M..
Present: Ranallo, Marks, Enrooth, Wagner, Fleming
Also present: Pam Wunderlich, The Brimeyer Group
The special meeting was convened to interview three of the five candidates for
the position of City Manager. Questions were provided by The Brimeyer
Group. The candidates were interviewed in the following order:
6:00 P.M. Kevin Batchelder, Administrative Assistant for the City of
Mendota Heights, MN
7:00 P.M. Mike Ericson, City Administrator for the City of
Watertown, MN
8:00 P.M. Kirk McDonald, Assistant with the City of New Hope,
MN
The interviews were concluded and the meeting adjourned at 9:00 P.M..
Mayor
ATTEST:
City Clerk
•
CITY OF ST. ANTHONY
CITY COUNCIL SPECIAL MEETING MINUTES
May 10, 1994
Mayor Ranallo called the special meeting to order at 5:00 P.M..
Present: Ranallo, Wagner, Fleming, Marks, Enrooth
Also present: James Brimeyer and Pam Wunderlich of The Brimeyer Group
This special meeting was convened for the purpose of interviewing the last two
candidates for the position of City Manager. Following is the order in which
they were interviewed:
5:00 P.M. Todd Gerhardt, Assistant City Manager for the City of
Chanhassen
6:00 P.M. Michael Mornson, City Administrator for the City of Big
Lake
Following the last interview, the Council discussed the candidates and
unanimously chose Michael Mornson and will offer him an annual wage of
$55;000, Mr.-Brimeyer will make the offer to Mr. Mornson and report back to
the Council.
Mayor
ATTEST:
City.Clerk
CITY OF ST. ANTHONY
CITY COUNCIL SPECIAL MEETING MINUTES
May 16, 1994
Mayor Ranallo opened the meeting at 6:00 P.M..
Present: Ranallo, Fleming, Marks, Wagner, Enrooth
Also present: James Brimeyer of the Brimeyer Group
Mr. Brimeyer indicated he had spoken with Michael Mornson about the
Council's offer and then read to the Council the letter he (Mr. Brimeyer) sent to
Mr. Mornson which listed the components of the Council's offer. Mr.
Mornson.agreed to the offer and will begin as City Manager of St. Anthony on
Monday, June 27, 1994.
Motion by Marks, seconded by Wagner to hire Mr. Michael Mornson as City
Manager for the City of St. Anthony.
Motion carried unanimously.
Motion by Marks, seconded by Fleming to adjourn the meeting at 6:25 P.M..
Motion carried unanimously.
Mayor
ATTEST:
City Clerk
1 CITY OF ST. ANTHONY
0 CITY COUNCIL REGULAR MEETING MINUTES
3 MAY 24, 1994
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order and the_Pledge of Allegiance was led by Mayor
6 Ranallo at 7:00 P.M..
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo, Marks, Enrooth, Fleming, and Wagner.
9 Staff Present: Larry Hamer, Interim City Manager
10 Roger Larson, Finance Director
11 William Soth, City Attorney
12 III. APPROVAL OF MAY 24, 1994 COUNCIL AGENDA.
13 Motion by Marks, seconded by Wagner to approve the May 24, 1994 Council agenda
1� as presented.
15 Motion carried unanimously.
16 IV. APPROVAL OF MAY 10,.1994 COUNCIL MINUTES.
17 Motion by Marks, seconded by Fleming to approve the May 10, 1994 Council minutes
18 with the following change:
19 Page 3, line 36: Insert "including" between "$2,800.00" and "scrap".
20 Motion carried unanimously.
21 V. LICENSES/PERMITS/PETITIONS.
22 Motion by Marks, seconded by Enrooth to approve the following licenses:
23 Garbage Haulers:
24 Walter's Rubbish, Blaine, MN
25 Vasko Rubbish Removal, Inc., St. Paul, MN
26 Aagard Environmental, Eagan, MN
Vending Machine:
Bernick's Full Line Vending
1 City of St. Anthony Regular Council Meeting
2 May 24, 1994 •
3 Page 2
4 Multiple Dwelling:
5 3820 Macalaster Drive, Frances Sandberg
6 3200=3225 Diamond 8 Terrace, Northern Gopher Enterprises
7 Equinox Apartments/Sentinel Management
8 3804 Highcrest Road/Metes & Bounds Management
9 Contractors:
10 Card Construction, St. Paul, MN
11 Motion carried unanimously-
12 Motion by Fleming, seconded by Wagner to approve the following temporary 3.2 beer
13 permits for consumption in City parks:
14 Patricia Fagerlee (Robertson family picnic), June 11, 1994, Central Park
15 Karen Leivian (Leivian family picnic), June 18, 1994, Central Park
16 Patricia Fagerlee (Kravitz family picnic), June 16, 1994, Central Park
17 Councilmember Enrooth noted that the same person had applied for two different dates
18 which had not occurred in the past. Councilmember Fleming pointed out that it was
19 two different family picnics and Mr. Hamer indicated that Ms. Fagerlee would not •
20 receive her deposit until after the second picnic date.
21 Voting on the motion:
22 Aye: Ranallo, Fleming, Wagner, and Enrooth
23 Nay: Marks
24 Motion carried.
25 VI. PRESENTATION OF CLAIMS.
26 Motion by Marks, seconded by Fleming to approve payment of the following claims: .
27 A. Rieke Carroll Muller Associates. Inc.
28 Rieke Carroll Muller Associates, Inc. for engineering services from March 27
29 to April 30, 1994 in the amount of$1,781.20.
30 B. Verified Claims,
31 Four pages of verified claims as presented by the Finance Director.
32 Motion carried unanimously.
•
•
1 City of St. Anthony Regular Council Meeting
2 Page 3
3 May 24, 1994
4 VII. NEW BUSINESS.
5 A. Resolution 94-036 - Award sale of$525.000 street improvement bonds.
6 Bob Thistle, from Springsted, Inc., the City's financial advisors, was present to
7 make recommendation and answer any questions pertaining to the improvement
8 bonds. He distributed a sheet which indicated that five bids had been received
9 and his recommendation was to award the bid to the lowest bidder, John G.
10 Kinnard & Company Incorporated, with an interest rate of 5.6972 percent and
11 approve Resolution 94-036. The Council had no questions.
12 Motion by Wagner, seconded by Enrooth to approve Resolution 94-036 which
13 awards the sale of$525,000 street improvement bonds to John G. Kinnard &
14 Company Incorporated, as recommended by Springsted, Inc..
10 Motion carried unanimously.
16 Before Mr. Thistle left, Mayor Ranallo indicated Mr. Thistle, and he have
17 discussed making the whole City a'Tax Increment Financing District with Jerry
18 Gilligan of Dorsey & Whitney. This action has precedent, which Mr. Thistle
19 was instrumental in accomplishing for another city.
20 B. Approval of the City's Insurance Renewal,
21 The City's insurance consultant, Mark Flaten, of American Risk Services, was
22 present to discuss'his recommendations and answer questions about the City's
23 insurance coverage for June 1, 1994 through May 31, 1995. Included in the
24 agenda packet were price quotations for property, auto, general liability, -
25 workers' compensation and liquor liability. Mr. Flaten said there were no
26 significant changes other than that of liquor liability.. The insurance consultant
27 recommended changing coverage from Parkland to Transcontinental as the
28 City's off-sale liquor liability carrier and Britamco Underwriters as the City's
29 on-sale liquor liability carrier. -
30 Motion by Marks, seconded by Enrooth to approve the City's insurance
coverage for the upcoming year as recommended by the insurance consultant as
30 follows:
•
1 City of St. Anthony Regular Council Meeting
2 May 24, 1994
3 Page 4
4 1. League of Minnesota Cities Insurance for property, auto, and general
5 liability;
6 2. League of Minnesota Cities Insurance for workers' compensation;
7 3. Transcontinental for off-sale liquor liability; and
8 4. . Britamco Underwriters for on-sale liquor liability.
9 Motion carried unanimously.
10 C. 1993 City Audit.
1.1 Stuart Bonniwell, the City's auditor, was present to present the City's 1993
12 audit and answer questions about the audit. Councilmember Enrooth questioned
13 comments in the auditor's letter to the City Council dated April 15, 1994
14 regarding the utility billing system. The letter indicated the present utility
15 billing system software appears to be inefficient. Mr Bonniwell responded that •
16 that comment stems from his observations that the present software system
17 which is sorely in need of upgrading, especially due to the addition of recycling
18 and stormwater charges on the statements. The Finance Director indicated that
19 he will check into improving the system. When asked about costs for such an
20 upgrading, the Finance Director said funds would come out of the capital
21 . equipment fund.
22 Motion by Marks, seconded by Fleming to approve the 1993 City/H.R.A.
23 audits, as presented by Stuart Bonniwell.
24 - Motion carried unanimously.
25 D. Award Quotations for Road Materials and Water Supplies for 1994.
26 Motion by Fleming, seconded by Marks to approve the quotations for the
27 purchase of road materials and water supplies for 1994, as recommended by the
28 Interim City Manager/Public Works Director:
29 Seal coating to Koch Oil Company
30 Hot mix asphalt to Midwest Asphalt
31 Cold mix asphalt to T. A. Schifsky and Sons
•
1 City of St. Anthony Regular Council Meeting
2 May 24, 1994
3 Page 5
4 Class 5 materials to Barton Sand and Gravel
5 'Water supplies to Northern Water Works Supply
6 Motion carried unanimously,
7 E. Resolution 94-037: First amendment to Ramsey County CDBG Joint
8 Cooperation Agreement,
9 Ramsey County has requested Council approval of an amendment to the CDBG
10 Joint Cooperation Agreement allowing the County to remain eligible to
11 participate and receive revenue through the HUD program.
12 Motion by Marks, seconded by Enrooth to approve Resolution 94-037 regarding
the first amendment to the Ramsey County CDBG Joint Cooperation
Agreement.
15 Motion carried unanimously.
16 VIII. STATE REPRESENTATIVE MARY JO MCGUIRE.
17 Representative McGuire was not present, however, the Mayor said that if she did
18 arrive she would be allowed time to speak.
19 IX. PUBLIC HEARINGS.
20 There were no public hearings.
21 X. REPORTS.
22 A. Mayor.
23 The Mayor said he had met with Police Chief Engstrom and the Mayor and City
24 Administrator of Falcon Heights on May 17th. Mayor Ranallo perceived that
25 they were pleased with the agreement to receive policing services from the St.
26 Anthony Police Department and were looking forward to the starting date of
January 1, 1995. The Mayor said he also met with Lauderdale's Mayor and
Administrator, Police Chief Engstrom, and Interim City Manager Hamer to
1 City of St. Anthony Regular Council Meeting
2 May 24, 1994
3 Page 6
4 discuss policing services to that community, which began January 1, 1994.
5 Lauderdale's representatives appeared to be very pleased with the St. Anthony
6 officers actions, with children and adults. They indicated the officers acted in a
7 professional manner in every case. Mayor Ranallo stated that Chief Engstrom
8 has done an outstanding job with coordinating his department's policing
9 services. Lauderdale also indicated they were pleased that St. Anthony struck
10 an agreement to police their neighbor, Falcon-Heights. The Mayor had
11 suggested sponsoring an Open House in Lauderdale in the fall.
12 City Attorney Soth and the attorney for Falcon Heights are reviewing the
13 agreement. Mr. Soth indicated he did not anticipate any problems with the
14 agreement. Mayor Ranallo.said he and Chief Engstrom will meet with
15 Lauderdale one month, Falcon Heights one month and the third month they
16 would meet jointly and continue the rotation throughout the year.
17 B. Council, •
18 Councilmember Wagner attended a recent Ramsey County League of Local
19 Governments where he spoke with the Mayor of Falcon Heights, the latter
20 expressing his pleasure in the agreement for police services for his city. The
21 meeting was about property taxes and Wagner indicated there were many more
22 public there than usual. The public had questions about assessments (Ramsey
23 County does the assessing for the entire County), the majority of which the
24 County was able to answer. All this has very little effect on the City of St.
25 Anthony.
26 Councilmember Fleming spoke about the celebration of the redevelopment of
27 the south end triangle sponsored by the HEART group. She perceived it was a
28 success. Fleming attended a library meeting (she is a member of the Library
29 Task Force) that same night. She indicated the librarian is leaving. To keep
30 community interest in the library high, the Task Force is considering door to
31 door selling of the library. Councilmember Fleming is highly in favor of this
32 idea. She would like to have the next City Newsletter include an article about
33 the library. Lastly, Fleming said she will attend the Northwest Youth and
34 -Family Services' Open House, May 25th.
35 Councilmember Enrooth had nothing to report at this time.
1 City of St. Anthony Regular Council Meeting
2 May 24, 1994
3 Page 7
4 Councilmember Marks said there will be a Sister City meeting on Sunday, May
5 29th. There will be two visits this summer from persons from Salo, Finland
6 and they have indicated a desire to attend a Council work session as well as a
7 regular Council meeting. He expects their arrival near the end of August.
8 Interim City Manager Hamer led a discussion about closing the Recycling
9 Center. He said he had sent a letter to all of the City's licensed haulers
10 requesting their compliance with the City's recycling regulations. He has not
11 received written response from all of them yet but anticipates he will in the near
12 future. Councilmember Enrooth indicated his displeasure at having to close the
13 Center but cannot justify keeping it open. The grant money will run out as of
14 June 30th and the City,cannot afford to keep the Center open with City funds
15 alone. In addition, Enrooth noted that the Environmental Quality/Recycling
16 Task Force recommended its closing and emphasized the importance in
17 educating the people on recycling. No one appeared at the public hearing
regarding closing the Center and, Enrooth perceives, most people realize it is a
duplication of service. Councilmember Marks wondered if the City needs to
20 change its licensing for haulers. Hamer responded that the regulations do
21 specify that solid waste haulers must pick up recycling at least once a week. He
22 did concede, too, that the extra pick up for recyclables at multi-dwellings
23 (townhomes, condominiums, etc.) will probably mean increased costs.
24 Motion by Enrooth, seconded by Marks to close the St. Anthony Recycling
25 Center, effective June 30, 1994.
26 Motion carried unanimously.
27
28 Interim City Manager Hamer noted that the 1994 Spring Clean Up Day was
29 successful and did not lose money. He said other communities indicated their
30 similar clean up days were successful also. Three members of the
31 Environmental Quality/Recycling Task Force volunteered their help, Trudy
32 Hentges, Doug Bergstrom, and Keith Pearson. Also, Steve Koes, who is a
33 Public Works employee, has been a Clean Up Day volunteer since its inception.
34 Mayor Ranallo asked Mr. Hamer about this year's road construction projects. Mr. Hamer
35 responded that the water line is three quarters of the way on Hilldale and that 3 sewer repairs
3f� were done. .He reported that the engineer is keeping in close contact-with the residents and
that rain has delayed some of the work on another road project.
I City of St. Anthony Regular Council Meeting
2 May 24, 1994
3 Page 8
4 The Councilmembers changed summer work sessions as follows:
5 Cancel June 7th Add May 31st
6 Cancel July 5th Add June 27th
7 Cancel August 2nd Add August 3rd
8 XI. UNFINISHED BUSINESS.
9 There was no unfinished business.
10 XII. ADJOURNMENT.
11 Motion by Marks, seconded by Fleming to adjourn the meeting at 7:50 P.M..
12 Respectfully submitted,
1.3 Connie Kroeplin
14 City Clerk
15
16 Mayor
17 ATTEST:
18 City Clerk
•
. ain tho ills e
DATE: June 14, 1994 APPROVAL: .
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Heating License:
Michael's Heating and Handy-work, Anoka, MN
Peterson Bros Sheet Metal, Columbia Heights, MN
Multiple Dwelling License:
3701 Chandler Drive/Sage Company, Minnetonka, MN
3713/3800 Foss Road/Caravelle Apts/Sheldon Mortenson
3721 Chandler Drive/Cameron Properties/Steve Kissel
3817 Macalaster Drive/Apache Manor/Apache Manor Partnership
Contractors License:
The Neon Shop, Minneapolis, MN
. ain tho
ill e
DATE: June 14, 1994 APPROV
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Temporary 3.2 Beer Permits:
June 24, 1994/Central Park/Eugenia Voytovich
July 3, 1994/Central Park/Chester G. Mirocha
• CITY OF ST ANTHONY
DEPARTMENT OF LICENSING
Date: �A
The following is an application for use of 3.2-beer in City Parks.
FULL NAME OF APPLICANT:
(Must work in cS�t. Anthony or live in St. Anthony)
ADDRESS:
a 9 D � a /I,I/G 4 '(k �J
AGE:
I certify that I am a resident of St. Anthony or work in the City.
I r7esponsible for conduct of his/her group.
a
• ignature of Applicant
NAME OF GROUP: �'c < C ,
# IN GROUP: O
)LOCATION: W1 vZ 1<.
/_3-9 DATE: - HOURS: /2 =JD-PM
TELEPHONE#: fat -`7 v2�i`7
LI
$50.00 CLEAN-UP DEPOSIT:
(You are responsible for Park Clean-up, the deposit will be returned after inspection of the
Park)
RECEIVED BY: ,r/
RETURNED:
INDEPENDENT SCHOOL DISTRICT NO. 282
Community Services Department
3301 Silver Lake Rd * St. Anthony, MN 55418 • Phone: 781-5021
Facilities Reservation Form Permit No. 7.• '~
c�1
Name Home Phone 2 Bus. Phone
Address r' '��+ Today's Date
Name of Group or Organization L-
intended Use
Date(s) wanted Day(s) Suits T W Th F Sa (circle)
Building:
High School Auditorium
Community Center Cafeteria
Wilshire Park Elem. School Classroom(s) #
Other `: : ;- . Gymnasium (If High School, circle one:
LARGE SMALL )
Kitchen
Other
Doors to open am ' pm Expected attendance:
Activity begins am pm Admission: Free Charge
Activity nds
y am pm Will merchandise be sold. •
Special arrangements needed (chairs, cooks. AV equipment, etc.):
hereby certify that I am an agent of the above named group or organization and am authorized to accept in their
name the responsibility for observance of the rules and regulations of the Board of Education, Independent School
District#282. As a group or organizational agent,I will attend this function,and I will be solely responsible forgiving
any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on
duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless
I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for
potential damages incurred in this rental arrangement.
(signature of responsible person)
Bill to:
(name) (address)
---------------------------------------------
FOR OFFICE USE ONLY-------------------------------------------------
Class Ins Approved by Date
Charges: Rental Custodial •
Cooks Other charges:
Note:
t
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CITY OF ST A.'VTHONY
DEPARTMENT OF LICENSING
Date:
The following is an application for use of 3.2.beer in City Parks.
FULL NAME OF APPLICANT:
(Must work in St. Anthon or live in St. Ant ny)
ADDRESS:
AGE: &-S
I certify that I am a resident of St. Anthony or work in the City.
I am responsible for conduct of his/her group.
• Sign re of Applicant
NAME OF GROUP:
# IN GROUP:
LOCATION: '
DATE: a HOURS: 4—
TELEP ONE#: 7ei- 16 -_
$50.00 CLEAN-UP DEPOSIT:
(You are responsible for Park Clean-up, the deposit will be returned after.inspection of the
Park)
RECEIVED BY:
RETURNED:
•
INDEPENDENT .SCHOOL DISTRICT NO. 282
Community Services Department
3301 Silver Lake Rd a St. Anthony, MN 55418 • Phone: 781-5021
Facilities Reservation Form No.
�� 7 Bus. Phone
Name f Home Phone /
Address C'•,.` Today's Date b 7/
Name of Group or Organization
Intended Use
Date(s) wanted Day(s) Su M T W Th &a (circle)
Building:
High School Auditorium
Community Center Cafeteria
Wilshire Park Elem. School Classroom(s) ft
L_ Other Lr�-�'��r1��T- Gymnasium (If High School, circle one:
LARGE SMALL )
Kitchen
Other
Doors to open am pm Expected attendance:
Activity begins am '06pm Admission: Free Charge
Activity ends am m Will merchandise be sold?
Special arrangements needed (chairs, cooks, AV equipment, etc.): •
I hereby certify that I am an agent of the above named group or organization and am authorized to accept in their
name the responsibility for observance of the rules and regulations of the Board of Education, Independent School
District#282.As a group or organizational agent,I will attend this function,and I will be solely responsible for giving
any and all instructions to the custodians or other support personnel.Presentation of this permit to the custodian on
duty is necessary for admittance for the initial date. In accepting this arrangement, rentee agrees to hold harmless
I.S.D. 282 and its representatives from all claims incurred in use of the facility.Rentee waives all rights and claims for
potential damages incurred in this rental arrangement. •
!
J (signature of resp6nsible person)
Bill to:
(name) (address)
---------------------------------------------FOR OFFICE USE ONLY---------------------------_ ---____--------
Class Ins Approved by - f _ . _ Date 6 7
Charges: Rental Custodial
Other charges:
Note: -
WHME—cmnnwrrh Serve..OMIa copy CANARY—Isudmee Ofte copy PINK—Cu.lodam Copy GOLD—Applkanre Copy
ST. ANTHONY SPORTS BOOSTERS
CHARITABLE GAMBLING COMMISSION
ST. ANTHONY'S CHAMBER OF COMMERCE, LIONS, AND SPORTS BOOSTERS
June 2,1994
City of St.Anthony
3301 Silver Lake Rd.
St.Anthony, MN
Dear City,
The Sports Boosters are requsting a one day permit for a Bingo event
during Villagefest on August 6,1994.
Respe ly ,,
Te�_Tay lor
Vice President
3301 Silver Lake Road • St. Anthony, Minnesota 55418
For the safety of the children on Belden Drive, we want a
three way stop sign placed at 35th and Belden Drive.
Name Address ti6n
-��o U��t��len 3c /�e�z �,c -2 t - � �75�
b
2.
3. arr,& 3S6/ 6Z 44�
-7 f 9 -/J/6
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9. �
10. .E C F 3 4 1 6 3 e-(X��- 7g(-
X17 YO
3 41Z 76�
12. rv�,y��
13.( r` ..J "f•J
�G r
For the safety of the children on Belden Drive, we want :
three way stop sign placed at 35th and Belden Drive.
Name Address
Is
1 - -
&Ve
e-z '�
X. go 'd
�f 353
7 ? 1 37
a 3 --7 ( J6
`�
-3 ,
as. 10. Ob SC'JG�Dr� �,(�io
is 7
30, E
would X11 Qdj 1-1�v/
�2 e+ i C►� - ti's dark— ,parr- 0� L Pwd
(cco.0 o+ �3c)00 a)-)J4kr.,,
4-
I 1� I
c4 a'l � R-rk t1 �r1 f�cC1G . W4) (�.'C ��.1�
;� 5t+���� ►r-�r p(��'�� ��� rte- ty�c� i c1�� ������-gin Lk
Ro.
,��►'�Z r�C�► 2SS
3d t 1 rQ c�r� i n Qd-
-
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' � L07 0
Form 29104 (10-63)
TRAFFIC COUNT STATION REPORT
• City .s Tf-10IV y Recorder
Intersection _3 rr* .4 y
Direction from Intersection /.Vc.5 T Station Number-
-C
Remcved on 9` 9`1� fti R. /O. 0 Reading_ 3 17 0
DATE DAT OF WEEK MO uR
AM
Set on -�� - 7- 9 7`,�P_S , ie:c9�� .mow Reading_,_-2 V2 0
OAT. CAT OF W... "OUR
Number of Hours in Place-- A Y/;� Total Traffic Counted -1 C1
Recorder Type rtlec Ji-r Recorder Number Adjustment Factor
Remark A.D.T.
Irt rsectien )qc, idaN' R. c& �•3S-�
Direction from Intersection Jo << 77 Station Number SA e-C_
Removed on (o 9. Z:/.Ju 'e /DifC� -w► Reading SO 6 y 0
DATE CAT Of WEEK MOW
Set on �`" 7- `� `� Ty es . /(��/D - SD / 3S
Reading
CAT. DAY OF W.E. MOUR
Number of Hours in Place At 119t Total Traffic Counted SO S
Recorder Typer/QgF • Jr, Recorder Number Adjustment Factor
Remarks A.D.T.
Intersection
Direction from Intersection Station Number
AM
Removed on PM Reading
DATE DAY OF WEEK "OUR
AM
Set on PM Reading
OAT. DAY OF WEEK "OUR
Number of Hours in Place Total Traffic Counted
Recorder Type Recorder Number Adjustment Factor
Remarks A.D.T.
Intersection
Direction from Intersection Station Number
AM
Removed on PM Reading
DATE DAY OF WEEK HOUR
Set on PM Reading
DATE OAT OE WEER "OUR
Number of Hours in Place Total Traffic Counted
Recorder Type Recorder Number Adjustment Factor
Remarks A.D.T
The Brimeyer Group, Inc.
EXECUTIVE SEARCH CONSULTANTS
• One Tenth Ave.South
Hopkins,MN 55343
INVOICE
In Account With:
THE BRBIEYER GROUP, INC.
EXECUTIVE SEARCH CONSULTANTS
ONE TENTH AVENUE SOUTH
HOPKINS, MINNESOTA 55343
#186C May 25, 1994
Mr. Roger Larson
City of St. Anthony
3301 Silver Lake Road -
St. Anthony, MN 55418
RE: Professional Fee Due Now:- $4,286.47
• Balance of Fee for City Manager Search.
Expenses: $618.47
Long Distance Telephone . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 97.14
Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.00
Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.98
Candidate meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.07
Courier/Copies/Postage . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . 131.28
Verified Credentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00.
DUE UPON PRESENTATION
(612)945-0246 • fax(612)933-1153
LAwOFFCZS STATEMENT OF ACCOUNT
HANCE,LEVAHN&DESMOND,INC.
• FIRSTAR ST.ANT14ONY BANK 06/01/94
2401 LOWRYAVENUE NOMH AST
MINNEAPOLIS.MINNESOTA 55418
Invoice #2580
City of St. Anthony PLEASE DETACH AND RETURN THIS
3301 Silver Lake Road PORTION WITH YOUR REMITTANCE.
St. Anthony, MN 55418
Attn: City Manager
AMOUNT REMITTED $
In reference to: (M) Village Prosecutions
-------------------------------------------
For professional services rendered $2,400 . 00
Previous balance $2,400.00
05/13/94-Payment - thank you ($2,400.00)
•
Balance due $2,400.00
Legal services rendered for the month of June, 1994,
relative to St. Anthony prosecutions.
DORSEY & WHITNEY
A P•a.c.•w Ian>m we P.ar[ssro.• Co.nr.•nu.s
P.O. BOX 1680
MIN �EAPOLIS. MINNESOTA 55480-1680
(612) 340-2600
• (T..Identification No.41.022 3337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, Minnesota
Attn: Mr. Larry Hamer May 20, 1994
Acting City Manager Invoice No. 363584
3301 Silver Lake Road
St. Anthony, MN 55418
For Legal Services Rendered Through 04/30/94
Matter: 47
General
Minneapolis Golf Course $60.00
Assessor's Agreement $80.00
• Mercil Variance $385.00
39th Avenue and Stinson Blvd. $350.00
Kenzington Condo Unit $125.00
Real Estate Office $85.00
Employment Contract $140.00
Parkview School $365.00
Attend Planning Commission meeting $140.00
Review agenda materials and minutes; discussions
with City Manager $235.00
Total For Legal Fees $1,965.00
Plus Disbursements Per Attached $153.00
Total This Statement $2,118.00
•
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has-been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT,DUE UPON RECEIPT
DORSEY & WHITNEY
P.O. BOX 1680
MINNEAPOLIS, MINNESOTA 55480-1680
(612) 340-2600
(Tax Identification No.41.0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, Minnesota
Attn: Mr. Larry Hamer May 20, 1994
Acting City Manager Invoice No. 363590
3301 Silver Lake Road
St. Anthony, MN 55418
For Legal Services Rendered Through 04/30/94
Matter: 111
32nd Ave. & Hilldale Ave. Prop
Conference with P. Weipert regarding problems with full
execution of easement deeds, consents, etc.; telephone
conference with L. Hamer regarding same; review deeds that have
been filed and deeds that need to be filed; conference with W.
• Soth regarding problems with filing deeds; telephone conference
with L. Hamer regarding same; telephone conferences regarding
final easements; telephone conferences with owners of property
regarding filing deeds; conference with W. Soth regarding same;
telephone conference with H. Roloff regarding Owner's duplicate
certificate of title; review file regarding same. .
Total For Legal Fees $520.00
Disbursements and Service Charges
Reproduction Charges 3.80
Total For Disbursements and Service Charges $3.80
Total This Invoice $523.80
WRS/615
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
... DA VAdCAIT nIIV IIDAM DC!`FIPT
Rieke Carroll Muller Associates, Inc. INVOICE-V-
Engineers • Architects • Land Surveyors STATEMEW,
Ei 15 1 X 130
MI SUITE
ONNEOTONKA, MN 55343 GAY
MN ORD7MN 55334 STOCLOUD. MN 563�t GRAND RAPIDS. MN 5574a f4flIBAULT, MN 55 2i
• JUNE 7, 1994
INVOICE NO. 12193
PROJECT NO. 10223 . 02 4
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN. 55418
ATTN: MR . LARRY HAMMER
i
FOR : STREET RECONSTRUCTION
PROFESSIONAL SERVICES FROM MAY 1 , 1994 TO MAY 28, 1994
------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS RATE AMOUNT
SR CIVIL ENGR 1 . 0 78. 00 78. 00
CIVIL ENGINEER 27. 8 60. 00 1 , 668. 00
• SR FIELD REP _ ` 133. 7: ; . _._' _ 40. 00 51348. 00
DRAFTSPERSON - 6.3.. 42 . 00 264 . 60
SECRETARY/REPRO 5: 8 38. 00 220. 40
TOTALS 1 174. 6 7, 579 . 00
TOTAL LABOR 7, 579 . 00
TOTAL THIS INVOICE S 7, 579 . 00
I declare'under the ti 's h t t acco aim or.demand.,
is just and"c t i s e a d.
X -. .
SIGNATURE OF CLAIMANT
June 8, 1994
•
Mr. Larry Hamer
Public Works Director
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
.RE: Invoice for Engineering Services
May 1, 1994 to May 28, 1994
1993-94 Street Reconstruction
St. Anthony, Minnesota
RCM Project No. 10223.02
Dear Larry:
The following is a list of personnel and tasks performed for the 1993-94 Street
Reconstruction Project:
Civil Engineer
Bob Robertson 1.0 hours Change order
rieke Mark Anderson 27.8 hours Change order, shop drawings,
carroll construction administration
muller
associates,Inc.
,nom Senior Field Representative •
air ilects Hank Wander 8.0 hours Construction administration
land surveyors
George Anderson 105.0 hours Construction observation
equal opportunity Jeff Skoog 20.7 hours Construction observation
employer
Draftsperson
Sara Pearson 6.3 hours Shop drawings, const. admin.
Secretary/Graphics
Karen Anderson. 3.0 hours Project memos, construction review
newsletter, change order
Jill Meskan 2.4 hours . Reproduce plans & specs for
contractor, newsletter
Randy Bloom 0.4 hours Reproduce shop drawings
Please call if you have any questions.
Sincerely.
Robe . Robertson, P.E.
Municipal Department Manager
RIEKE CARROLL MULLER ASSOCIATES, INC.
10901 red circle drive
box 130
minnetonka,minnesota 55343
612-935-6901
fax 612-935-8814
M
June 9, 1994
File No: 490-018-30
Mr. Larry Hamer
Director of Public Works
City of St. Anthony
3301 Silver Lake Road
St. Anthony, Mn 55418
RE: PAY ESTIMATE #4
37TH AVENUE CONCRETE STREET REHABILITATION
ST. ANTHONY, MINNESOTA
S.A.P. #161-105-04
P:,4NN;NG
Dear Mr. Hamer:
5;RJCNRA(
Enclosed please find a copy of Partial Payment Estimate #4 for the above referenced
project.
OUPVEYING
We are recommending payment to Progressive Contractor, Inc. in the amount of
TR4''c $4,580.42 for work completed through May 27, 1994. This includes payment of 60%
of the sodding that has.-been placed. Full payment for the entire sod quantity, 2450
TRANSPONATION square yards, will be made when the work is determined to be acceptable.
Payment should be contingent on receipt of a signed copy of Pay Estimate #4 from the
Contractor.
Please call either me or Mr. Tom Madigan at 546-0432, if you have any questions or
require further information.
Sincerely,
9800 shelard Pa&,,y M-SA,, CONSULTING ENGINEERS
Minneapolis,MN 55441
612-546-0432 Virgil G. Hawkins, P.E. vV
Fax:612.544-6398 Project Engineer
026 Energy Park Drive VGH:bs
51.Paul,MN 55108 Enclosure
612.644.4389
Fax:612.644.9446 4901018-Ml.jun
SCHEDULE SUMMARY
DESCRIPTION TOTAL/PERIOD TOTAL/TODATE
SCHEDULE 1.0 37TH AVE NE $0.00 $190,154.70
SCHEDULE 2.0 SIDEWALK CONSTR. $2,866.50 $29,389.98
SCHEDULE 3.0 HENN. CO. WORK $1,955.00 $2,463.30
TOTAL $4,821.50 $222,007.98
:::.:... .. . .. ......... .......... ... .
:>:;:.;:>:::::.;... ::.;.::::. >THIS:PERIOD IOTA ' DATA
AMOUNT EARNED
$4,821.50
$2207
9
AMOUNT RETAINED ,.:::.::.:.::.::::..... ... .:..:..:..::$.241.08 $11,100 40
$
. ... ............................
MATERIAL ON SITE $0.00
........................................<>;::»::
MATERIAL DEDUCT. 6.60 $0.00
..................................................... ................................ :::>:;<:>327.�1�6
$206
$0.00 ,
PREVIOUS PAYMENTS
AMOUNT DUE $4,580.42
$4,580.42
June 7, 1994
.H S I File No: 490-015-30
I�SSl�L�9tiC�1CLY�ERS
Mr. Larry Hamer
Director of Public Works
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: PAY ESTIMATE #5
1993 STREET IMPROVEMENTS
Civlt ENG;nE:.�L�G. CITY OF ST. ANTHONY
Dear Mr. Hamer:
nV;'iRONME.N`.,f
Enclosed please find a copy of Partial Payment Estimate #5 for the above referenced
project.
PLANNING We are recommending payment to W. B.-Miller, Inc. in the amount of$24,919.44 for
work completed through May 27, 1994.
STRUCTURAL
Payment should be contingent on receipt of a signed copy of Pay Estimate#5 from the
OURVLYING Contractor.
TRAFFIC Work remaining on this project includes replacing some sod, replacing a leaking hydrant
on Croft, cleaning the 12" diameter storm sewer on Old Highway 8, and other minor
TRANSPORTATION restoration work. A final pay estimate will be prepared on June 22, 1994 and any work
remaining will be'deducted from the Contractor's $25,471.25 retainage.
Please call me or Mr. Tom Madigan at 546-04.32, if you have any questions or require
further information.
Sincerely,
MSA, CONSULTING ENGINEERS
9800 Shelard Parkway
Minneapolis,MN 55441 Virgil G. Hawkins, P.E.
612.546-0432 Project Engineer
Fax:612-544.6398
VGH/jm
326 Energy Park Drive Enclosure
le1t.Paul,MN 55108
612.644-4389
Fax:612-644-9446 015-0702.jun
SCHEDULE SUMMARY
DESCRIPTION TOTAL/PERIOD TOTAL/TODATE
SCHEDULE 1.0 RANKIN ROAD $0.00 $22,280.00
SCHEDULE 2.0 CROFT DR. OVRLAY $0.00 $7,505.00
SCHEDULE 3.0 31ST AVENUE $7,759.69 $116,561.09
SCHEDULE 4.0 CROFT DRIVE $7,063.35 $107,243.50
SCHEDULE 5.0 COOLIDGE & 27TH AV $4,832.75 $76,707.05
SCHEDULE 6.1 ALT. STORM SEWER . $0.00 $19,792.00
SCHEDULE 7.0 WATERMAIN IMPVTS. $0.00 $121,400.00
SCHEDULE 8.0 SANITARY SEWER $0.00 $21,530.00
SCHEDULE 9.0 ADDED WORK $0.00 $9,831.20
SCHEDULE 10.0 EXTRA WORK $6,575.20 $6,575.20
TOTAL $26,230.99 $509,425.04
THIS PERIOD TOTAL TO DATE
.:: .: :::.... ... ...: ::::
AMOUNT EARNED $26,230.99 $509,425.04
AMOUNT RETAINED $1,311.55 $25,471.25
...
MATERIAL ON SITE $0.00 ... ...- .._. $0.00
MATERIAL DEDUCT. $0700
.... . . . :.:::,: .:::::;:.:: .
PREVIOUS PAYMENTS $0.00 $459,034.35
. . ... .. . .........
AMOUNT DUE ..... ..:.. :.. ...... ... .. $24 919.44 ;.......:.: $24,919.44,
BRC FINANCIAL SYSTEM 5T ' ANTHONY VILL/
--0-6/08y94 - 'lS:00- -- -- ' --'-' - -'--- ---- -QL540R--VO4. 15 P#QE
� K VENDORCHECK# DATE AMOUNT
____ _
FIRS FIRSTAR ST' ANTHONY CHECKING
------00023�-- --4--1-'�- T---''---'--' - - '----'--'----- -��7�}]-0��l'�/9�---'------'-�� � 70---
000235 A T & T INFORMATION SYST 6749 (}6/15/94 60' 31
()000s8 AIRSIQNAL INC 6750 06/1S/94 21 ' 12
0'
- - O00l2 - AMERICAN 'LINEN--- - ' 6751 '06/15/94 - 26' C'�)O
005201 AMERICAN STORES 6752 06/15/94 127 ' 31
000115 AMES PHOTO FINISH ' 8753 06/15/94 7 ' 68
----8O.O232-'--ASH TA ND-\]HEMICA[-CO'----�-'-- -'-
005175 ASSOC OF METRO MUNICIPAL f �55 �8/l5/94 25'00
008153 BOB 'S PERSONAL COFFEE SE 6756 08/15/94 44 .98
---' ------ ----------6757/- 9-4- -'
007253 BRAKE & EQUIPMENT WAREHO 675B 08/15/94 455'65
'00001 BYRD/DAVID 67S9 06/lS/94 50.00
66-1-1&4-- CARLSON EQUIPMENT Cff-- 6766
008055 CELLULAR ONE SALES & SER 6761 06/15/94 217. 42
007300 CEMSTONE PRODUCTS COMPAN 6762 06/15/94 1 ,544.26
000741 CONNELLY ELECTRONICS 6764 06/15/94 8,237.82
007050 COOKE/J P CO 6765 06/15/94 30.50
008180 DANKO EMERGENCY EQUIPMEN 6766 06/15/94 278.06
.00004 OF AGRICULTURE : 6767 06/15/94 .724.00 '
000807 DIAMOND VOGEL, PAINTS 6768 06/15/94 233. 11
00-810 6769 66 ff/94 2,008.00
008007 DICTAPHONE 6770 06/15/94 64.00
.00002 DORR/GREGORY 6771 06/15/94 --- 50.00
-06-62T6-- EARL ANDERSON ASSOC 67EF 06/1S/94 -429.34
005159 EDDY BROTHERS CO 6773 06/15/94 184.94
000975. FLITTIE/MARSHALL CONCRET 6774 06/15/94 97. 10
001025 G & K SERVICES 6775 06/15/94 67.26
001030 G & K SERVICES 6776 06/15/94 398.31
001145 GLENWOOD INGLEWOOD 6777 06/IS/94 45.60
001200 GOPHER BEARING 6779 06/15/94 . 224. 14
001230 GOPHER STATE ONE CALL 6780 06/15/94 22.50
0 6781 06/15/94 766.90
008127 GRAFIX SHOPPE 6782 06/15/94 564. 4S
001250 GRAINGER INC/W W 6783 06/15../94 77 . 18
001505 HENN CO SHERIFF 6785 06/15/94 696.36
.00001 HENN . CNTY. TREASURER 6786 06/15/94 150.00
001601 INGMAN LAB 6788 06/15/94 82.50
007307 INTERSTATE 6789 06/15/94 l8.37 _
--' 'O�IMETERS ��
. -IN�. --�. � . `� ` 116 l8PA_ 711 '42
.00003 KIMINSKI/TIM � � �. �� ��7"�1 ��£,/l5/��4.. � � m ���%.Q0
'00004 . ' ' ' ��7��2 ' 15.00 _LEBA/ALICE
---- ----------- - 3.43 15 LE
002040 LILLIE SUBURBAN NEWSPAPE 16.90
001981_.__ LMCIT__________________�________�__ 06/15/94
`
' '
BRC FINANCIAL SYSTEM ST. ANTHONY VILLA(
Chetk_ R_d_9iSt6lw____ --__--__GL540R_-VO4_.__15 -PAGE'-
.D
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST . ANTHONY CHECKING
----007216___LOCATOR'_&__MON ITOR_ SALES 82. 75---
007321 LOWELL'S AUTOMOTIVE 6797 06/15/94 40. 66
002395 M T I DIST CO 6798 06/15/94 172. 38
- -- 002240 -TiETRO WASTE CONTROL 6799--06/15-/94 39F719-" 00_______
002280 MIDWEST ASPHALT CORP 6800 06/15/94 730.40
000045 MIDWEST BUSINESS PRODUCT- 6801 06/15/94 473.36
---002380-----MINNEGASCO _1,_156_.53' _
.00003 MN DEPT OF PUBLIC SAFETY 6803 06/I5/94 150.00
008137 MURPHY'S SERVICE CENTER 6804 06/15/94 90.93
000 6805-06/15/94 50.00
002680 NORTHERN STATES POWER 6806 06/15/94 4,856. 42
007043 NORTHERN STATES POWER 6807 06/15/94 1 ,867 .03
007331 PAQUETTE MAINTENANCE, IN 6809 06/15/94 1 , 171 .50
002840 PERA 6810 06/15/94 62.91
6911-'06/1
007314 POSTMASTER 6812 06/15/94 400.00
007136 R E MOONEY & ASSOCIATES 6813 06/15/94 153.28
003065 ROAD RESCUE INC 6814 0615/-94 1 ,610.81
003080 ., ROLLINS OIL CO 6815 06/15/94 2,756.23
00006 SAWABINI & ASSOCIATES 6816 06/15/94 280.00
0051S j-87C
4
003315 SERCO LABORATORIES 6818 06/15/94 15.00
008042 SIGNS BY NORTHLAND 6819 06/15/94 26.30
.600o_6__SEETT_ElfffA9ER-- _66_826_03/-1_5_f9W__
.00007 SP00/R.R. 6821 06/15/94 25.00
003460 SPRING LAKE PARK LUMBER- 6822 06/15/94 248.89
003490 STREICHER'S 6824 06/15/94 3,548.58
008010 UNIFORMS UNLIMITED 6825 06/15/94 124.24
-0j0-3-6-g5------UN--jVMSTTy o-r--KlgffE-8-0-ri4--------6826-06/15/94 25.56
.00008 VON HADEN/MARILYN 6827 06/15/94 50.00
. .00005 WACO SCAFFOLDING & EQUIP 6828 06/15/94 30.59
007325 YOCUM OIL COMPANY, INC. 6830 06/15/94 251 .20
FIRSTAR ST. ANTHONY CHECKING 107,609.35
�RC FINANCIAL SYSTEM ST. ANTHONY VILLAGI
-06/08/94 " 15:-22 _ Check Register - "GL540R-VO4: 15 PAGE
BANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHEC.KINV ACCOUNT
004015 AMERICAN LINEN ' SUPPLY- CO . 5873 06/09/94 - 683:30"* "
004027 ARONSON/TIMOTHY 5874 06/09/94 40.00
004030 ASCAP 5875 06/09/94 155.63
00001 "BELLBOY CORP. 5876 06/09/94 ' 29.90 "
004040 BOYD HOUSER CANDY & TOBA 5877 06/09/94 1 , 134. 71
004060 CARLSON TRUE VALUE 5878 06/09/94 6. 54
004059 "'CARLSON/CARY - _ 5879_ 06/09/94- - -300. 00
004080 CITY COUNTY FED CREDIT U 5880 06/09/94 10.00
004095 COCA COLA BOTTLING 5881 06/09/94 1 ,710.08
004101 COMMERS 5882 06/09/94 14.33
004104 COMPUTER CHEQUE OF MN 5883 06/09/94 131 .00
004111 DATA & TEL COMMUNICATION 5884 06/09/94 123.68
004120 EAGLE WINE CO - 5885 06/09/94 - 700.51
004125 EAST SIDE BEVERAGE CO 5886 06/09/94 22,344.80
004130 ECOLAB 5887 06/09/94 197 .48
004135 -ELECTRO -WATCHMAN - INC -- 5888--06/09/94---_.. - - -162.-95
004411 FIRSTAR ST ANTHONY BANK 5889 06/09/94 15,000.00
.00002 FOCUS NEWS 5890 06/09/94 399.00
004145 GANZER DISTRIBUTORS INC - 5891 -06/09/94 9,428.-00 --
004175 GRIGGS COOPER & CO INC 5892 06/09/94 5,515.95
004205 HOME JUICE CO 5893 06/09/94 71 .03
_-004208 -I 'C -M A RETIREMENT -TRUS 5894__06/09/94-__- _ _ - 20:00
004216 JANI-KING OF MN 5895 06/09/94 742.31
004218 JOHNSON PAPER & SUPPLY C 5896 06/09/94 886 . 95
004220 JOHNSON WINE CO 5897 06/09/94 3 ,855 . 70
004225 KRAFT FOODSERVICE 5898 06/09/94 520 . 72
004230 KUETHER DISTRIBUTING CO 5899 06/09/94 33, 113 .90
004231 LANGRIDGE/MIN 5900 06/09/94 65.00
004233 LMCIT o BERKLEY RISK SE 5901 06/09/94 4 ,874 . 75
004250 LUNDGRF_N/MATTHEW H . 5902 06/09/94 80.00
004265 MARK VII SALES INC 5903 06/09/94 14, 331 . 39
004266 MARKET MECHANICAL 5904 06/09/94 343 .09
004272 METZ BAKING CO 5905 06/09/94 21 . 95
.00003 MILLER/TAMMY 5906 06/09/94 120.00
. 00004 MINN . DAILY 5907 06/09/94 27 .60
.00005 MINN . HOSPITALITY INS . 5908 06/09/94 70 ,61.9. 53
/0}}04290 MI'NNEGA�.;CO 5909 06/09/94 387 . 39
004338 NORTH STAR Tc:;E 591 06/09/94 961 . 73
004335 NORTHERN STATES POWER 59.1. 1 06/09/94 2 , 103 . 76
004345 OLD DUTCH FOODS INC 5912 06/09/94 105. 15
004353 PAQUETTE MAINTENANCE , IN 5913 06/09/94 1 ,054 . 35
004357 PARTY BELL ENT . 5914 06/09/94 175. 00
004355 PEPSI COLA-7 UP BOTTLING 5915 06/09/94 629. 47
004360 PHILLIPS AND SONS COMPAN 5916 06/09/94 4 , 720. 17
004372 PLUNKETT 'S X917 06/09/94 11.9 . 10
004376 PRIOR? WINE CO 591,=) 06,/09/94 174 . 14
004,380 PUBLIC EMPLOYEE RETIrREME 5919 06/09/94 48.00
004385 QUALITY WINE CO S917)0 O6/09/94 2 , 404 . 70
RRC FINANCIAL SYSTEM ST . ANTHONY VILLAG(
— - -- Register— -- - --
/08/94--"15:-22 ---- -- Check GL540R-VO4 :15-PAGE .
BANK VENDOR CHECK# DATE AMOUNT
LIAR- LIQUOR CHECKING ACCOUNT
004390 REX ' DISTRIBUTING- CO - - - 5921 -06/09/94 18;946:40
.00006 SATURN SPORTSWEAR 5922 06/09/94 1 ,534 . 45
004415 SAVOIE SUPPLY CO 5923 06/09/94 249 .25
. 00007 SCHUTTA'S HARDWARE INC 5924 -06/09/94 --- -- - -- -''-' 11-:46
004450 STUART DISTRIBUTING CO 5925 06/09/94 90. 10
004465 SURGE WATER CONDITIONING 5926 06/09/94 51 .00
004475 TRI TECH DISPENSING - '5927 -06/09/94---'- - 48.00 -
004480 TWIN CITY FILTER SERVICE 5928 06/09/94 .141 .20
004491 UNITED WAY 5929 06/09/94 15. 00
004494 WASTE MANAGEMENT - BLAIN
LIQUOR CHECKING ACCOUNT 222, 176.94 *�
C FINANCIAL SYSTEM ____ST ._--ANTHONY_ V,ILLAG:E
06/03/94 12:31 Check Register GL540R-VO4. 15 PAGE I
BANK VENDOR CHECK# DATE _AMOUNT.-
LIAR LIQUOR CHECKING ACCOUNT
004009 AETNA LIFE & CASUALTY 5700 05/31/94 415.92
004025 APACHE PLAZA 5701 05/31/94 11 ,386.87
- 004027- ARONSON/TIMOTHY _ . .- ---- -.._-- -- 5702_--05/31/94 -- -- -- --__40_._00--
004040 BOYD ROUSER CANDY & TOBA 5703 05/31/94 1 ,826.54
004059 CARLSON/GARY 5704 05/31/94 300.00
004100 COMMISSIONER --_OF_ R,EVENUE___.______ __.____5705._05/3.1/94____._ 670.73__
004120 EAGLE WINE CO 5706 05/31/94 290.51
004410 FIRSTAR ST ANTHONY BANK 5707 05/31/94 4,054. 75
_0044_11 FIRSTAR ST ANTHONY BANK 5708 05/31/94.
004175 GRIGGS COOPER & CO INC 5709 05/31/94 6,591 .87
004202 HENN CTY SUPPORT & COLL 5710 05/31/94 363.00
_ 004220 _ .. _JOHNSON._WINE_ CO ._...-- ----- - -- - — 571.1 05/31/94._. --...- - -3_,676.,43 -
004225 KRAFT FOODSERVICE S712 05/31/94 726.57
004231 LANGRIDGE/MIN 5713 05/31/9,4 65.00
_ 004250. LUNDGREN/MATTHEW_._H H . _ 5714_05/31/94_ ____--___.__ 80-_00.
004272 METZ BAKING CO 5715 05/31/94 89. 11
004318 NAT FINANCIAL INS CO 5716 05/31/94 " 9.50
_ 004360 PHILLIPS, AND SONS COMPAN 5717 05/31/94_-___ _ ____ 4,857_._91
004376 PRIOR WINE CO 5718 05/31/94 2,251 . 10
004380 PUBLIC EMPLOYEE RETIREME 5719 05/31/94 1 ,564.29
. .004385 __-- QUA LITY.._W.INE_ CO
004401 ST.A. LIQUOR #1 PC 5721 05/31/94 198.37
004466 SYSCO-MINNESOTA 5722 05/31/94 410.62
004400 _ ST _ANTHONY _LIQUOR #1 _ _-- 5723. 05/31/94 _ _1751.00_
004400 ST ANTHONY LIQUOR #1 5783 05/31/94 175.00
004009 AETNA LIFE & CASUALTY 5784 05/31/94 400.98
004027 _ _ ARONSON/TIMOTHY _- __-_....--5785-_05/3-1/94_____._________.-
004040 BOYD HOUSER CANDY & TOBA 5786 05/31/94 2,007 .87
004059 CARLSON/CARY 5787 05/31/94 300.00
004100 COMMISSIONER OF_. REVENUE 5788 OS/3l/94_ _ _____-.____649.62
004120 EAGLE WINE CO 5789 OS/31/94 145. 15
004410 FIRSTAR ST ANTHONY BANK 5790 05/31/94 3,905.77
004410 FIRSTAR ST ANTHONY_ .BANK 5791 _0S/31/94____ -, _ __ 15,000.00
004175 GRIGGS COOPER & CO INC 5792 05/31/94 8,355. 58
004201 HEGGIES PIZZA 5793 05/31/94 56.60
004202 HENN CTY SUPPORT &. _COLL_- _ S794 _05/31/94 _- __. _ 308.85
004220 JOHNSON WINE CO S79S 05/31/94 7 ,259. 16
00422S KRAFT FOODSERVICE S796 05/31/94 538.32
004231 LANGRIDGE/MIN _____._ _._� S797_._05/3,1-/94________._____.__._65._00 .
004250 LUNDGREN/MATTHEW H . 5798 05/31/94 80-.00
004272 METZ BAKING CO 5799 05/31/94 24.93
004357 PARTY _B
. ELL ENT . _ -. 5800.05/31/94__ - 175.00
004360 PHILLIPS AND SONS COMPAN 5501 05/31/94 3 ,095. 42
004376 PRIOR WINE CO 5802 05/31/94 552. 54
004380 PUBLIC EMPLOYEE RETIREME S803 05/31/94 .__1_,546.91
004385 QUALITY WINE CO 5804 05/31/94 1 ,908.63
004404 ST . A . LIQUOR #2 PC 5805 05/31/94 95 .77
LIQUOR CHECKING ACCOUNT 106,215.79 **
/25/94 ----- = --- --- -Che
�C FINANCIAL SYSTEM ST. -ANTHONY VILLAGE
--- 1 4:-2 8 c
k Register---- -GL-540R-VO4:15--PAGE----1
BANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
- 004026-------APACHE--PLAZA--MERCHANTS- -----5807-05/26/94 -- -436:00 --- -
004027 ARONSON/TIMOTHY 5808 05/26/94 40. 00
004035 BENNETT ELECTRONICS, INC 5809 05/26/94 353.25
- --- - 004040-------BOYD-HOUSER-CANDY -
004042 BUREAU OF ATF 5811 05/26/94 250.00
004059 CARLSON/CARY 58.12 05/26/94 .300.00
------------------------------5813-05/26/94-------------25:-05-.----------
004080 CITY COUNTY FED CREDIT U 5814 05/26/94 10.00
004098 COMMERCIAL LIFE INS CO 5815 05/26/94 17 .00
----------0041-09-----DENTiC-ARE-------�--�----------�-5816-05/-26/94- .. - ' .54.-06-.-.----
004120 EAGLE WINE CO 5817 05/26/94 489.59
004130 ECOLAB 5818 05/26/94 - 159.95
_004139 ------ F ARM ER--SROS-'CO --____.__.._._._._------------____-- ------5819 -05/26/94---- ----___._,.74:29------_.
004410 FIRSTAR ST ANTHONY BANK 5820 05/26/94 15,000.00
004140 FLUSH DRAIN & SEWER CLNG 5821 05/26/94 89.00
- 004156 GENERAL-PARTS-&-SUPPLY--C--- -- -----5822-05/26/94------------267:19--------
004175 GRIGGS COOPER & CO INC 5823 05/26/94 4,732.87
004185 GROUP HEALTH PLAN INC 5824 05/26/94 862.88
_.._.
004203- - _HIGHWOOD -FGODSERVICES,___-_I.._-._ ..__-__. __ .._.-.-5825--05/26- 94-------------------40.-19------------
004208 I C M A RETIREMENT TRUS .5826 05/26/94 20 .00
004220 JOHNSON WINE CO 5827 05/26/94 3,308.69
-KRAFT--FOODSERVICE-----
004231 LANGRIDGE/MIN 5829 05/26/94 65.00
004234 LMCIT 5830 05/26/94 193.01
- ----004250 ---L-UNDGREN/MAT THEW--H -- - - -- - --5831-05/26-/94 - - -- -- 80.00
004266 MARKET MECHANICAL 5832 05/26/94 194 .98
004365 MEDICA CHOICE 5833 05/26/94 1 ,572.01
004272 -METZ BAKING CO 5834 05/26/94 -47 .04 - -
.00001 MN . MUNICIPAL BEV. ASSN . 5835 05/26/94 510.00
. 00002 MN . SUN PUBLICATIONS 5836 05/26/94 33.25
004313 MUZAK', 5837-05/26/94- - - - - 45. 70
004318 NAT FINANCIAL INS CO 5838 05/26/94 9. 50
004334 NORTHEASTER 5839 05/26/94 643. 75
004335 NORTHERN STATES POWER 5840 05/26/94 1 , 175. 77
004353 PAQUETTE MAINTENANCE , IN 5841 05/26/94 418. 55
004357 PARTY BELL ENT . 5842 05/26/94 175. 00
004360 PHILLIPS AND SONS COMPAN - - 5843 05/26/94 - ---5.,-930 . 66
004370 PRIOR WINE CO 5844 05/26/94 2 , 149 . 27
004385 QUALITY WINE CO 5845 05/26/94 497 . 34
. 00003 SERVICE CENTER/THE 5846 05/26/94 90. 72
004401 ST . A. LIQUOR #1 PC 5847 05/26/94 171 . 94
004492 U S WEST COMMUNICATIONS 5848 05/26/94 656. 69
004491 UNITED WAY - - --- -- - 5849 - 05/26/94 - ------ 15. 00 -- --
LIQUOR CHECKING ACCOUNT 43,768.94 **
1 CITY OF ST. ANTHONY
2
3 PLANNING COMMISSION MINUTES
4
5 May 17, 1994
6
7 Chair Gondorchin opened the meeting at 8:01 P.M. with the Pledge of Allegiance.
8
9 Commissioners Present: Gondorchin, Faust, Thompson, Bergstrom, Horst, Makowske.
10 Commissioner Franzese arrived at 8:24 P.M.
11
12 Also present: Larry Hamer, Interim City Manager
13
14 Commissioner Makowske noted that he would not participate during Agenda Item #6 since he is
15 related to the persons involved and is helping with the project. He will step down at that time for
16 that portion of the meeting.
17
18 APPROVAL OF APRIL 19, 1994 PLANNING COMMISSION MINUTES.
19
20 Motion by Makowske and seconded by Thompson, to approve the April 19, 1994. Planning
21 Commission minutes with the following changes:
22
W 3 Page 2, line 5: Change "pre-determined" to "pre-approved". -
4 Page 7, line 37: Change "Makowske" to "Gondorchin".
25 Page 8, line 36: Add "to" after "suggested".
26 Page 10, line 15: Change "Bennett's" to "Beckman's"
27
28 Motion carried unanimously.
29
3o DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JUNE 14, 1994 CITY
31 COUNCIL MEETING.
32
33 Commissioner Bergstrom will represent the Planning Commission at the City Council's June 14,
34 1994 meeting._
35
36 PUBLIC HEARINGS
37
38 Paul and Susan Johnson, 2800-36th Avenue N E fence variance request.
39
40 Chair Gondorchin opened the public hearing at 8:05 P.M. for a petition for a fence variance request
41 for Paul and Susan Johnson, 2800-3.6th Avenue N.E. Notices of the public hearing had been
42 published in the St.Anthony Bulletin.on May 4, 1994 and mailed to property owners within 200 feet
43 of the subject property and no letters against the request were receiv6d.
•4 4
45
1 Planning Commission
2 May 17, 1994
3 Page 2
4
5 Staff Report
6
7 Interim City Manager Larry Hamer told the Commissioners that this is a request for a six foot fence
8 forward to the front yard setback. The lot is an "odd" lot with a 20 foot back yard, which makes it
9 difficult to put a fenced in area there. The 6 foot fence would come to the front yard setback holding
10 it back from the road's right-of-way line. Mr. Johnson stated that they were also asking to have their
11 side yard designated as a back yard. This would let them have the normal function of a back yard.
12
13
14 Interim City Manager Hamer stated that the normal corner lot size is 90 feet; the Johnson's house
15 is facing 36th Avenue N.E., so the configuration is odd.
16
17 Commissioner Makowske asked Interim City Manager Hamer if the Commission can define front
18 versus side yards. Hamer replied that the Commission could recommend to the City Council to do
19 so and that this type of action has precedence.
20
21 Commissioner Horst asked if this was a unique situation. Interim City Manager Hamer stated that
22 the Johnsons have a 90 foot frontage,and an average back yard is 130 feet by 90 feet. The Johnson
23 lot has 130 feet at the front of the house and 75 feet at the side of the house,which is usually the long •
24 end of the lot so the house is sitting in an unusual way. Horst stated that he had seen the site, and
25 it seems to be the only one with the house facing 36th Avenue N.E.. Hamer stated that the house
26 across the street is set facing that street, and other houses are also facing it. The Johnson's house
27 should have faced Harding.
28
29 Commissioner Faust stated the house should have faced the 90 foot side of the lot. Further, he felt
30 that there are two variance requests,one for designation of having the fence in the side yard setback
31 and one for the height of the fence. Interim City Manager Hamer stated that the fence height is
32 related to.the setback. The fence cannot be placed forward to the setback and be more than four feet
33 high,and the Johnsons are asking for a six foot fence. Faust asked if the back yard fence can be 6
34 feet high. Hamer stated that a fence from the front setback to the rear of the property can be six feet
35 in height.
36
37 Commissioner Faust asked if the fence would go from lot line to lot line on 36th Avenue N.E.. Mr.
38 Johnson responded that what is allowed is fifteen feet from the curb or thirty feet from the center of
39 the road. Hamer stated that the drawing shows the lot but not the city right-of-way. Commissioner
40 Faust asked how many feet beyond the house the fence extended. Mr. Johnson indicated it was 30
41 feet. Faust asked if that was 30 feet from the front of the house and Commissioner Bergstrom asked
42 if that was from the street. The fence will be 15 feet from the street. Hamer stated that owners are
43 allowed to put a fence up to the right-of-way,the only difference is the height. They are allowed to
44 put a 4 foot fence up without a variance. Chair Gondorchin verified that the issue is the height of •
45 the fence, not the placement. When Faust asked Mr. Johnson why he wanted a 6 foot fence rather
1 Planning Commission
2 May 17, 1994
3 Page 3
4
5 than a 4 foot fence, Mr. Johnson replied that this would provide more privacy and would make the
6 fence uniform. Mr. Johnson stated his request is for the side yard to be designated as his back yard
7 so he can erect a 6 foot fence.
8
9 The public hearing was closed at 8:20 P.M.
10
11 Commissioner Thompson stated he drove by the property and that the posts were in. The property
12 is beautifully maintained and he thinks Mr. Johnson will maintain the fence the same way.
13
14 Commissioner Faust noted that the three conditions required to grant a variance have not been met.
15 He pointed out that this same issue came.up in a concept review for the property on 37th and Silver
16 Lake Road. and the Commission did not recommend approval of that request. Faust indicated he
17 is in favor of recommending the Council decline this request.
18
19 Commissioner Makowske wondered if a hardship would be shown if, under the code, the rear yard
20 must have a depth equal to the greater of 20% of the depth line of the entire lot or 25 feet. Chair
21 Gondorchin stated that according to the strict letter of the law he would have to agree with
22 Commissioner Faust that justification of this variance is difficult. He doesn't believe that strict
3 enforcement in this case would create an undue hardship to the owner. Gondorchin added that
2 4 Faust's example of the house on 37th is a good one. On that case,these conditions are unique to the
25 individual lot.
26
27 Commissioner Horst said that if the house was oriented to the other houses on 36th Avenue N.E.,
28 the area of the proposed fencing would be the back yard and the fence would then be in compliance.
29 Horst stated that currently it does not appear to be a reasonable back yard. and that there are peculiar
30 physical surroundings.
31
32 Commissioner Franzese said there is precedence in the City. The interpretation as to the front of the
33 house determines the yard. Commissioner Horst asked if there is a precedent for changing the
34 designation of the yard and Hamer stated there is. Franzese stated that if this is not in the ordinance,
35 it was intended to be in there for that interpretation and that this request is about interpretation.
36
37 Commissioner Horst felt that if there is precedence where the yard can be redesignated, there
38 shouldn't be a problem. Horst asked if the ordinance designates 6 feet for all but the front yard fence,
39 could the side yard fence be 6 feet. Chair Gondorchin stated that the fence from the front setback
40 to the front of the house could only be four feet.
41
42 Mr. Johnson said he applied for a variance for a 6 foot fence to the side yard setback. Chair
43 Gondorchin stated the issue is the side yard designation. Commissioner Makowske and
04 Commissioner Faust again discussed changing the designation, and the two-part nature of the
45
1 Planning Commission
2 May 17, 1994
3 Page 4
4
5 variance i request. Makowske stated that the Commission should first deal with the height issue. If
i then becomes an issue of changing and desi nations.
6 the height issue fails, t y g
7
8 Chair Gondorchin stated that no letters against the fence have been received. Conunissioner
9 Franzese stated that if the front of the house is interpreted to be facing Coolidge for setback
10 purposes, no variance would be needed for the height of the proposed fence.
11
12 Motion by Franzese, seconded by Horst to recommend the City Council designate the side yard as
13 the backyard for the purpose of the fence height for Paul and Sue Johnson,2800-36th Avenue N.E..
14
15 Commissioner Faust wondered how people can be told this is logical. Chair Gondorchin stated there
16 is no legal or logical reason to support the motion. Commissioner Franzese requested to include the
17 following in the motion: the topography of the current back yard prevents usage as the house is
18 currently sited. This would relieve an undue hardship caused via City Ordinance.
19
20 Chair Gondorchin reviewed the motion: to recommend Council approval of Coolidge as the front
21 yard, which makes the height variance a moot point. The Commission is also asking that the City
22 re-examine codes and past presidence regarding interpretation of side yards and front yards.
23 Furthermore, the topography has made the backyard of limited use and has created an undue •
24 hardship.
25
26 Hamer stated that the current house is a nonconforming use- it is not in step with today's rules and
27 regulations. The nonconforming use will exist as long as the house is there. If the house were to be
28 damaged, removed,rehabilitated, etc., that nonconforming use would be addressed at that time.
29
30 Commissioner Thompson asked how long the Johnsons had owned the property. Mr.Johnson stated
31 that they owned it for 14 months.
32
33 Commissioner Franzese asked to add nonconforming use with an abnormal lot size to her motion.
34 Chair Gondorchin stated that the motion had been made and seconded. Commissioner Horst
35 withdrew his second to the motion. Chair Gondorchin requested a second to the motion. None was
36 received.
37
38 The motion failed due to lack of a second.
39
40 Commissioner Bergstrom stated that he has no problem in the areas of aesthetics and safety if the
41 fence is 6 feet in height. However, in keeping with the mission of the Commission, he cannot
42 recommend the variance. Chair Gondorchin asked for a recommendation from the Commission.
43
44 Motion by Faust, seconded by Bergstrom to recommend the Council deny the request for a fence i
45 variance from Paul Johnson,2800-36th Avenue N.E. because the three conditions in the Minnesota
1 Planning Commission
• 2 May 17, 1994
3 Page 5
4
5 statutes cannot be met. Faust noted that the Commission has to comply with the Minnesota statutes;
6 no variance of this nature has occurred during his tenure on the Commission;there are no compelling
7 reasons for a 6 foot fence height rather than a 4 foot fence; a 4 foot fence would give the family
8 privacy and maintain safety for the family and others who use the street.
9
10 Commissioner Franzese stated that she feels a 6 foot fence would be safer than a 4 foot fence. She
11 stated that staff will have the opportunity to research this issue. Commissioner Makowske asked
12 Commissioner Faust if he would amend the motion so that if some legitimate route can be found
13 through the code, the City staff would be able to take that into consideration with regard to further
14 requests. Commissioner Faust stated that he would not accept that as an amendment, however, as
15 the variance process continues,and more information is received between now and the City Council
16 meeting, he assumes that that will happen. Chair Gondorchin asked for a vote on the motion.
17
18 Aye: Makowske, Bergstrom, Faust, Horst
19 Nay: Thompson, Franzese
20
21 Motion carried.
22
ep 3 Chair Gondorchin suggested that Mr. Johnson attend the June 14th Council meeting.
24
25 Commissioner Makowske stepped down from the Commission at this time and left the room. Chair
26 Gondorchin announced the concept review for MAKO, Inc..
27
28 Staff Report
29
30 Interim City Manager Hamer stated that the concept review being presented tonight is.for the
31 MAKO, Inc. properties, represented by Mr. Chet Makowske. The property would need to be
32 rezoned from R2 to R4 for possible development. The owners want to be reasonably sure they will
33 be able to rezone before they proceed. In addition,there would be a need for variances for front and
34 back yard setbacks.
35
36 Commissioner Franzese inquired about the alley involved. Interim City Manger Hamer stated that
37 the alley is privately owned by the property owners, the City has never had control of that alley,
38 and that the alley would be removed. Another entrance/exit into the complex is part of the concept
39 review. Commissioner Horst asked why the request is to change the zoning to R4 and not R3.
40 Hamer explained that that was due to the population density of a townhouse structure. Hamer stated
41 that the original concept was for one structure, which would have been R4, but they are now asking
42 for townhouse zoning, which is R3.
43
WW.4 Chet Makowske spoke to the Commission, representing Don Makowske, Elaine Olson, who owns
. the third property, and himself. He stated that he understands the Commission will not be actually
1 Planning Commission
2 May 17, 1994 •
3 Page 6
4
5 voting on the project,the conditional use or the variances, and that this is a concept review prior to
6 getting a developer and to find out if any objections are present before proceeding. He corrected
7 some items on his letter of May 9th, they are: zoning changes from R4 to R3; density changed
8 from thirteen to twenty-three units,not twenty-eight as stated in the letter; under the conditional use
9 permit,the townhouses would be owner-occupied; under the variances, the front yard setback from
10 30 feet to'20 feet and the back yard setback from 40 feet to 20 feet to maximize land use and to
11 provide more green and common areas to deal with the unusual topography and lot configuration.
12
13 Mr. Makowske stated the shape of the land is unusual which makes it difficult to put the units in
14 without the variances; the alley is privately owned and is a waste of property behind_the buildings
15 now.If parking lots and driveways are added the coverage will exceed the required 50 percent. They
16 anticipate one identification sign near the driveway entry and possibly directional signage to identify
17 the buildings locations. The St. Anthony Development and Redevelopment Task Force has this
18 property on their list. Handouts regarding the alleys were distributed to the Commissioners.
19
20 Mr. Makowske was asked to clarify the status of the proposed buildings. He stated they would be
21 for sale, and that there would be no rentals. Commissioner Faust asked the price range of the units.
22 Mr. Makowske stated about $100,000. Commissioner Faust asked why the density was lowered
23 from twenty-eight to twenty-three. Mr.Makowske stated that the first proposal for the condominium a
24 building was scrapped, and all the new units would be uniform. Commissioner Faust asked what
25 the new plan is and Mr. Makowske responded that the drawing the Commissioners have is only a
26 concept;the number of bedrooms and garages is not set yet. Faust asked if the owners have talked
27. with the neighbors. Mr. Makowske stated they had and the neighbors were in favor of the site being
28 developed. Faust asked if the neighbors knew that townhouses were being planned for the site and
29 Mr. Makowske stated the neighbors did not know that because the owners still don't know what will
30 be going in there.
31
32 Chair Gondorchin stated he doesn't like variances for new construction and that he is not in favor
33 of rental property in that location. Gondorchin asked how many buildings are being proposed.
34 Interim City Manager Hamer stated that there would be six buildings. Commissioner Thompson
35 commented that even finding the property is currently difficult because of the brush.
36
37 Commissioner Franzese asked for a history of the current houses. Mr. Makowske stated that they
38 were single family homes. The 1800's house had been purchased by his parents while he was away
39 during the war. The building itself is stone and lime blocks, substantial but old. Chair Gondorchin
40 asked if complete demolition was planned versus upgrading. Mr. Makowske stated yes,and a small
41 retaining wall would be built on the street side. Hamer distributed a copy of the current plat to the
42 Commissioners. Commissioner Thompson asked if the rest of the buildings were owner-occupied.
43 Mr. Makowske stated they were.
44 •
45
1 Planning Commission
2 May 17, 1994
3 Page 7
4
5 Chair Gondorchin discussed parking spaces. Mr. Makowske stated that their developer, Schotzlein,
6 couldn't make this meeting, but would have more information on the proposal. Commissioner
7 Franzese stated that this was an exciting project, and would increase the City's tax base.
8
9 Commissioner Bergstrom asked about the property being on the Economic
10 Development/Redevelopment list. Interim City Manager Hamer stated that the property was not on
11 the Top Ten as an immediate priority. Commissioner Horst stated that this was an exciting proposal
12 but the Commission needs more information. He asked Hamer if the new drive would be a City
13 street. Mr. Hamer said it would be a private drive.
14
15 Faust counted twenty-three units and twelve parking spaces, which he doesn't feel is going to be
16 enough as required by ordinance. Also at issue is the two-car garages because the City is currently
17 against single-car garages in new developments. Mr. Makowske said they had planned on enclosed
18 garages for one car and parking. Faust stated a whole new ordinance was created to allow for older
19 houses with single garages. Mr. Makowske said he will pass these concerns on to the developer.
20 who will be at the next meeting. Chair Gondorchin indicated the unresolved issues are: visitor
21 parking,double garages,reduction in density to avoid variances and increasing the green space, as
22 well as more detailed plans. Commissioner Faust suggested that the owners look at the Harsted
ep 3 development, which was one the Commission found acceptable. The Fire Chief should drive
24 through the area checking for ingress and egress of the property. Chair Gondorchin noted the green
25 space in the drawing is just at the circumference of the property.
26
27 Commissioner Franzese asked Mr. Makowske about the target dates and population of the project.
28 Mr. Makowske said that originally they designed condominiums in front, but the owners didn't like
29 that so it was redone quickly last week. Commissioner Bergstrom asked their roles as property
30 owners. Mr. Makowske stated that they had sold the property and had to repossess it. Over the
31 twelve years the other owners had it the property became run down. Mr. Makowske and his brother
32 Don live behind the property and hope to turn it into something nice. Chair Gondorchin asked about
33 the Makowske's alternatives if the zoning is not changed. Mr. Makowske indicated the houses are
34 obviously old,the six-plex was built in 1952,the farmhouse in the 1800's. Chair Gondorchin asked
35 about selling,the lots as is and Mr. Makowske responded that the land is worth more than the
36 buildings. Commissioner Horst asked if all of the rentals were rented now. Mr. Makowske stated
37 they are. Horst asked what would happen to the current rental occupants if the development
38 proceeds. Mr. Makowske stated the renters would be given a thirty-day notice and possibly receive
39 some rent support.
40
41 Gondorchin asked Interim City Manager Hamer if R2 zoning can have multiple family with fewer
42 homes. The Interim City Manager stated yes, that that was the zoning for double bungalow type
43 homes, which results in fewer units. Gondorchin commented that these were premium lots.
044 Commissioner Faust stated that lot 20 could be an executive style on the point. He pointed out that
45 2930 Old Highway 8 is currently R1, and the other four lots are zoned R2.
1 Planning Commission
2 May 17, 1994
3 Page 8
4
5 Commissioner Bergstrom stated he is generally cautious about changing zoning,but it might be a
6 better use in this instance. Commissioner Thompson stated he was in favor of the rezoning.
7 Commissioner Franzese stated that looking at the unusual dimensions, R3 was a much better use
8 of the land. Commissioner Horst stated he had seen the property,and would consider R2 rather than
9 R3 zoning. Horst stated one concern is that it may be difficult to get out of the drive, and the drive
10 would be hard to find unless the road was improved.
11
12 Commissioner Chris Makowske returned at this-time.
13
14 Miscellaneous
15
16 Interim City Manager Hamer stated that regarding the 37th Avenue (Stop N Go) issue, the owner
17 withdrew his request.
1a
19 Commissioner Bergstrom stated he had heard from Mr.Jake Cadwallader regarding signage. Hamer
20 stated that Mr. Cadwallader doesn't have to remove the frame. Hamer indicated he has been dealing
21 with this property's temporary sign since the business opened. The sign is nonconforming, and the
22 owner has had several letters from the City regarding this. The owner does not have a permit for the
23 sign. Hamer stated he has written the four letters in two years. .Bergstrom asked about a
24 historical grace period. Hamer stated that the owner has indicated he will comply but never does.
25 The owner has not removed the temporary sign and Hamer said he is about ready to issue a citation.
26
27 Commissioner Thompson stated he had read about the financial problems of Apache Plaza. Hamer
28 indicated he understands that Cub's, lawyers and Apache's, lawyers are meeting, NewMarket is
29 leaving, and there will possibly be a Knox lumber on the north side of the mall. This will probably
30 be settled by October. Hamer stated the Cub store could be an 85,000 square foot store.
31
32 Commissioner Makowske indicated he had attended the last Economic Development/Redevelopment
33 meeting. The Task Force has prioritized undeveloped and underdeveloped lots and is discussing
34 proposed uses.
35
36 Motion by Franzese, second by Makowske to adjourn the meeting at 10:17 P.M.
37
38 Motion carried unanimously.
39
40
41 Respectfully submitted,
42
43
44 Lois J. Bjelke
45 Secretary
STAFF REPORT
DATE: May 12, 1994
TO: Planning Commission Members
FROM: Larry Hamer, Interim City Manager
ITEM: FENCE VARIANCE FOR 2800 - 36TH AVENUE N.E.
•
Paul and Susan Johnson are asking for a fence with a two foot variance in
height from the four feet allowed to six feet in the front yard setback. The lot is
peculiar in that placement of the house leaves very little space in the back yard.
In addition, the lot measures 75 feet for a corner lot whereas 90 feet is the
norm.
Mr. and Mrs. Johnson are requesting designation of the side yard as the back
yard and the back yard as the side yard. The height of the fence in front of the
structure will not effect the vision for traffic at the intersection.
•
CITY OF ST. ANTHONY
NOTICE OF HEARING
VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the Planning Commission of the
City of St. Anthony.on Tuesday, May 17, 1994 at 8:05 P.M. or as soon thereafter as possible
in the Council Chambers of the City Hall,3301 Silver Lake Road (enter northeast corner) for
the following purpose:
Applicant: Paul and Susan Johnson
• Property Address: 2800 - 36th Avenue N.E.
Proposal: Petition for a fence variance. The applicant has also requested
consideration of the designation of a side yard to be used as a back
yard.
Anyone wishing to be heard with reference to the above matter will be heard at said time and
place. Questions regarding this matter maybe referred to the City Manager, 789-8881. Auxiliary
aids for handicapped persons are available upon request at least 96 hours in advance. Please call
the City Clerk at 789-8881 to make arrangements.
Larry Hamer
Interim City Manager
Publish: Bulletin, May 4, 1994
•
Fee:
(R-1............$ 60.00
Other.........$100.00) •
CITY OF ST. ANTHONY
Petition for Variance
Applicant: ct�--� �`" �u 5-.�-,-� Jc(,nf
Address: Z,F00 .3 F /'�� ��� N�7u�,'i . Phone: , g `{5
Status of applicant (owner, buyer, renter, agent, etc.): 6W�"
Street address and/or legal description of property petitioned for variance:
Zoning district in which property is located:
Request: o e'er m:f 6 ` At rr,vc-v- Jc„-m
Lv.� Erse . �%�a 4'a cQe-t rCA.-e- 4L ya.4c( o-t Frise. S.3r. -� to-c4 yucoE�.
Ccc.&A fl'-O 'Val_ 21cf..G2"(o-vt" 1:i"__ ;3ACA— t%N
Minnesota Statutes and City Ordinances require that the following conditions must be
satisfied for approval of this request. Please respond to these conditions using additional •
sheets, if necessary. .
1. Because of the particular physical surroundings, shape, or topographical
conditions of the parcel of land involved, the proposed variance would relieve an
undue hardship, as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enforced.
2. The purpose of the proposed variance is not based exclusively uport-a desire to
increase the value or income potential of the parcel of land, but would correct
extraordinary circumstances applicable to this property but not applicable to other
property in the vicinity or zoning district.
3. The alleged difficulty or hardship is caused by City Ordinance and leas not been
created by any persons presently having an interest in the parcel of land.
Signature of A *ant •
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A.0`�f�� Sub 026M ENGINEERING, INC.
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To Whom It May Concern-
We live at 2801 36th Ave. N.E. - directly across the street from
Paul and Susan Johnson. Although we are not able to attend
tonight's meeting, this letter is to support the variance that will allow
the Johnson's to construct a fence in their back yard.
We do not believe this fence would create a safety hazard for
traffic, nor do we perceive it to be a blemish in the neighborhood. On
the contrary, we believe this will-'be a beautiful addition to their back
yard, as well as providing the privacy and safety necessary for the
Johnson children.
We hope you look favorably on the Johnson's request.
Regard
Mike and Julie Skovran
2801 36th Ave. N.E.
St. Anthony Village
:
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Now
ir
MAKO, INC.
3005 Croft Drive
St. Anthony, MN 55418
June 7, 1994
City of St. Anthony
3301 Silver Lake Road
St. Anthony,MN 55418
Dear Couricilmembers,
We are requesting from the City of St.Anthony a concept review for 3 specific items dealing
with the properties located at:
2938 Old Highway 8 (a 6 unit building); and
3004 Old Highway 8 (a 6-plex).
In addition,we are joined in this request by Harold&Elaine Olson,the owners of:
2926/2930 Old Highway 8 (a double bungalow)
Please note that the 3 alleys abutting and accessing the above properties are not city owned,
but a part of the property owned by the above and are to be part of the redevelopment.
(See attachment A,pink markings)
Background: In 1981 the 2 properties presently owned by Mako, Inc. were sold. Due to non-
payment of principal and interest on the contract for deed and non-payment of property taxes,
the property was repossessed by Mako in November, 1993.-After repossession,Mako
determined that the properties were in need of a great deal of refurbishing and renovation.
Subsequently a decision was made to look at the probability of demolishing the buildings and
redeveloping the property. For continuity in development of the parcels we approached the
Olsons and found that they also would be interested in a redevelopment plan.
Request: This request for a concept review includes 3 items.
1. Zoning to be changed to R-4 for the above parcels (presently R-2 with the two 6
unit buildings grandfathered in). Density would change in total from 14 units to 23 units.
The approximate square footage available in the 3 parcels is 74,250 sq. ft. R-4 is preferred due
to the area provisions (see highlighted areas of ordinance sections provided in this packet)
which require only 55,250 sq. ft. for 23 units. R-3 area and width requirements are 4,000
square feet per dwelling unit or a total of 92,000 sq. ft. required(We have only 74,250.)
2. Conditional Use Permit for Townhouses (owner occupied). Townhouses are
specifically mentioned in the ordinance under R-4 as a conditional use.
If a zoning change were approved for R-3, rather than R-4 we would request a variance on the
area and width provisions of the ordinance to allow for 23 units of townhouses rather than
the 18+ that would be permitted on the square footage available. Also a variance would be
40 necessary to allow for one building to have only 2 units rather than the 3 listed as minimum.
Other variances may be necessary with an R-3 designation
3. Variances for the (a.) front yard setback from 30 feet to 20 feet and the
• (b.) back yard setback from 40 feet to 20 feet. Reasons to grant the variance would be to
maximize land use and provide more green space in the common area(center of the site),to
deal with the unusual topography and because of the unusual lot configuration. Clarification
and possible variances are also requested with regard to the (c.) lot coverage requirement of
50% (if parking lot and driveway are counted it would exceed the 50%) and for (d.) signage
(one identification sign would be needed near the driveway entry and directional signage may
be needed to identify building locations).
Because the issue of parking was raised at the Planning Commission meeting we would like to
note that with either an R-4 or R-3 zoning the requirements list as a"minimum two parking
spaces per unit, at least one of which is enclosed." The spaces provided on the plans provide
an additional 12 spaces over the 46 required.
Another issue raised at the Planning Commission was to build single family homes instead.
In addition to the economics which would not allow for use as R-1, we have been told that
MHFA will not consider financing for single family properties which are directly across from
industrial or commercial land.
Please note that the existing alleys coming in from Old Highway 8, Rankin Road, and Croft
Drive are part of the parcels to be redeveloped. The plans as drawn would close the alley from
Rankin, change the location of the entry from Old Highway 8, and maintain the alley from
Croft Drive. Access for emergency vehicles would be not only greatly improved but nearly
• ideal.
Precedent: Approximately 5 years ago similar approvals for zoning, conditional use, and
variances were given for the Village Townhouses located 3 blocks away on 33rd and Old
Highway 8. In addition,it is our understanding that the St. Anthony Economic Development
and Redevelopment Task Force lists these parcels on their prioritized list for upgrade.
Thank you for your consideration of this concept review. We appreciate your time and
interest in this project as we try to determine the feasibility of redeveloping these properties.
Sincerely,
OVA.%-�
Chet Makowske
781-7133
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• Section 1625 - R-3 TOWNHOUSE DISTRICT
1625.01 Purpose. The purpose of the R-3 District is to provide areas (a) where the natural
amenities such as trees, hills and bodies of water are preserved by encouraging
development of medium density housing surrounded by common open space, (b) which
may serve as a transitional use between less dense residential districts and other districts,
and (c) which provide for alternatives to one and two family detached dwellings.
1625.02 Permitted Uses. Within an R-3 District only the following uses are permitted:
(a) Uses permitted in the R-1, R-1A and R-2 Districts.
(b) Townhouse buildings containing not less than three units nor more than
eight units.
1625.03 Permitted Conditional Uses. Within an R-3 District, the following uses are
permitted only if a conditional use permit has been issued by the City Council:
(a) Uses permitted as conditional uses in the R-1, R-1A and R-2 Districts.
(b) Nursing Homes.
(c) Multiple dwellings with not more than four apartments.
• 1625.04 Accessory Uses. Subject to the provisions of Section 1650, the following accessory
uses are permitted in the R-3 District:
(a) Accessory uses permitted in the R-1, R-1A and R-2 Districts.
(b) Common area facilities including swimming pools and tennis courts,
intended solely for the use and enjoyment of the residents and their guests.
1625.05 Dimensional Regulations.
Subd. 1. Height. No dwelling may exceed 30 feet in height or contain more than
two stories.
Subd. 2. Area and Width. The land must contain at least 4,000 square feet per
dwelling unit, with a total lot area of at least 15,000 square feet, and a lot width of at
least 90 feet at the building setback line.
• 16-17
Subd. 3. Floor Area Ratio. The floor area ratio within the R-3 District may not
• exceed 0.6.
Subd. 4. Minimum Floor Area.
(a) Efficiency units must contain at least 500 square feet on one floor.
(b) One bedroom units must contain at least 650 square feet on one or two
floors, not including any basement.
(c) Two bedroom units must contain at least 800 square feet on one or two
floors, not including any basement.
(d) Units with more than two bedrooms must contain at least 800 square
feet plus 125 square feet for each additional bedroom, not including
any basement.
Subd. 5. Front Yard. The front yard must have a depth equal to the greater of 30
feet or a distance equal to the average of the front yard depths of the two adjacent
lots.
Subd. 6. Side Yards. Dwellings must have two side yards the combined width of
which is at least 25 feet, and each side yard must be at least 10 feet wide. Side yards
adjacent to a street must be at least 30 feet wide.
• Subd. 7. Rear Yards. The rear yard must have a depth equal to the greater of 25% of
the depth of the entire lot or 30 feet.
Subd. 8. Unit Width. The width of each dwelling unit must be at least 20 feet.
Subd. 9. Lot Coverage. The lot coverage may not exceed 50%.
Subd. 10. General Regulations. Property in the R-3 District is also subject to the
provisions of Section 1650.
Section 1630 - R-4 MULTIPLE FAMILY DISTRICT
1630.01 Purlose. The purpose of the R-4 District is to provide areas for housing other
than one and two family dwellings and townhouses, and which may serve as a
transitional use between less dense residential uses and nonresidential uses.
• 16-18
1630.02 Permitted Uses. Within an R-4 District the only permitted uses are rental
• apartment units and condominium apartment units.
1630.03 Permitted Conditional Use Within an R-4 District the following uses are
permitted only if a conditional use permit has been issued for that use by the City Council:
(a) Uses permitted as conditional uses in the R-1, R-1A, R-2 and R-3 Districts.
(b) Townhouses.
(c) Service or convenience type businesses, including grocery stores, pharmacies,
barber shops and beauty shops catering to the residents of an apartment or
condominium building or complex, not to exceed 1,000 square feet in size
and provided there is no advertising or signing on the exterior of the
building or in any yard.
(d) A State licensed residential facility serving from 7 through 16 persons.
(e) A State licensed day care facility serving from 13 through 16 persons.
(f) Nursing home.
1630.04 Accessory Uses. Subject to the provisions of Section 1650, the accessory uses
permitted in the R-1, R-1A, R-2 and R-3 Districts are permitted in the R4 District.
• 1630.05 Dimensional Regulations.
Subd. 1. Height. No building or structure may exceed 35 feet in height or contain
more than three stories.
Subd. 2. Area. No dwelling may be constructed or placed on a lot which is less in
area than the following:
Building Size Minimum Lot Size
2 to 8 units 12,000 sq. ft. plus 2,500 sq. ft. per each unit
over 2
9 to 16 units 27,000 sq. ft. plus 2,000 sq. ft. per each unit
over 8
• 16-19
17 or more units 43,000 sq. ft. plus 1,750 sq. ft. per each unit
• over 16
Subd. 3. Floor Area Ratio. The floor area ratio within the R-4 District may not
exceed 1.0.
Subd. 4. Front Yard. There must be a front yard with a setback of at least 30 feet.
Subd. 5. Side Yards.
(a) There must be two side yards with a minimum width of at least 15 feet
each.
(b) Side yards adjacent to a public right-of-way must be at least 30 feet in
width.
(c) There must be a distance equal to the height of the highest building on
a lot between any buildings on the same lot, to a maximum required
distance of 30 feet.
Subd. 6. Rear Yard. The rear yard must have a depth equal to the greater of 20% of
the entire lot or 40 feet.
Subd. 7. Minimum Floor Area.
• (a) Efficiency units must contain at least 500 square feet.
(b) One—bedroom units must contain at least 650 square feet.
(c) Units with more than one bedroom must contain at least 650 square
feet plus 125 square feet for each bedroom in excess of one.
Subd. 8. Lot Coverage. The lot coverage may not exceed 50%.
1630.06 General Regulations. Property in the R-4 District is also subject to the provisions
of Section 1650.
Section 1635 - C GENERAL COMMERCIAL DISTRICT
1635.01 Purpose. The C District is intended to provide areas for retail sales and services
located and regulated so as to minimize adverse effects on neighboring residential districts
and congestion of public streets.
•
16-20
(t] Breezeways, covered or uncovered porches, patios, steps, stoops and picnic
• shelters in a rear yard which are not closer than five feet from any property
line.
(g) Non-window mounted air conditioning units which extend no more than
six feet into any required yard other than the front yard, and which are at
least 15 feet from any property line.
(h) Eaves, gutters and downspouts which project no more than five feet into any
required yard, which are at least 30 inches from any property line, and which
do not drain onto neighboring property.
1650.04 Height Limit Exceptions. In determining height limitations, the following items
will be excluded if they do not adversely affect adjoining properties and their inclusion
would not cause a structure to exceed 75 feet in height: belfries, chimneys, church spires,
cupolas and domes which do not contain usable space, elevator penthouses, fire and hose
towers, flag poles, monuments, antennas, and transmission and receiving towers for
which a conditional use permit has been issued.
1650.05 Parking.
Subd. 1. On-Site Parking. All property in the City must comply with the following
on-site parking requirements:
(a) Parking spaces must be at least 9 feet by 19 feet and those in the R-4, B,
C and LI Districts must be clearly marked and outlined.
(b) The total area of a parking lot, including all parking spaces, drive
aisles, islands and landscaping must be no less than the required
number of parking spaces multiplied by 300 square feet.
(c) All vehicles, as defined in Subsection 1605.01, parked on any lot in an
R-1, R-1A, R-2 or R-3 District must be parked on a surface paved with
asphalt or bituminous material, concrete, cement, brick, or other
paved surface, or on a gravel driveway located in the front yard.
(d) Any vehicle without a current state registration must be parked in a
garage or other building.
(e) Minimum Number of Spaces:
(1) Single-family detached units must have at least two fully
enclosed parking spaces.
(2) Two-family dwellings, townhouses, apartments and
condominiums must have at least two parking spaces per unit, at
16-33
least one of which is enclosed. There must be a fire wall with a
rating of at least one hour separating every four parking stalls.
(3) Churches, clubs and restaurants must have a number of parking
spaces which is no less than the total designed seating capacity of
the structure divided by 2.5, plus one parking space for each
employee on the largest shift.
(4) Convalescent or nursing homes must have at least one space for
every five beds, plus one space for every employee on the largest
shift.
(5) Retirement homes must have at least one parking space for every
three living units.
(6) Uses in the C District must have at least one parking space for
every 300 square feet of gross floor area.
(7) Light industrial, manufacturing, testing and research uses must
have one space for every employee on the largest shift or one
parking space for every 350 square feet of floor area, whichever is
greater.
(8) Warehousing, transfer and storage uses must have at least one
space per employee on the largest shift plus one parking space per
company vehicle.
(9) Animal hospitals must have at least four parking spaces for every
veterinarian, plus one space for every employee on the largest
shift.
(10) Medical and dental offices must have at least five parking spaces
for every doctor or dentist, plus one space for every employee on
the largest shift.
(11) The parking requirements in the R/O District will be set by the
Council according to the expected demand for a particular facility.
(12) Fast food, take out, and convenience restaurants must have at
least one parking space for every 50 square feet of gross floor area,
plus one parking space for every three seats, plus one parking
space for every employee on the largest shift.
(f) The number of existing on—site parking spaces on a property may not
be reduced below the number required under paragraph (e) of this
Subsection.
16-34
pertinent site data (floor and spot elevations, critical points, drainage
and other items).
Subd. 3. Prohibited Trees. It is unlawful to plant any of the following trees in the
city :
(a) All elms (Ulmas all species)
(b) Ginkgo/Maiden Fair female (Ginkgo biloba)
(c) All red or black oaks (Quercus red species)
(d) Boxelder (Acer Negundo)
(e) Eastern Cottonwood (Populus deltoides)
(f) Lombardy Poplar (Populus nigra italica)
Subd. 4. Planting of Trees in Right-of-Way. No trees may be planted in public
rights-of-way except by permission of the Director of Public Works.
Subd. 5. Dead or Diseased Trees. If a building permit is issued for a building, all
dead or diseased trees and stumps on the lot on which the building is to be
constructed must be removed before completion of construction.
Subd. 6. Berms. The Council may require earthen berms or other visual or acoustic
barriers where there exists excess noise or potential visual blight.
Subd. 7. Required Tree Plantings. No less than the following number of trees
having a diameter of at least 1-3/4 inches measured one foot above the ground will
be planted in the development of any site within the City:
(a) Single and Two Family Districts — no requirement.
(b) R-3 and R-4 Districts require at least the following number of trees per
building:
(1) Up to 6 units 6 trees
(2) 6 to 12 units 9 trees
(3) 12 to 25 units 12 trees
(4) Over 25 units 12 trees plus one tree for every 5
units over 25
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STAFF REPORT
DATE: June 9, 1994
TO: Mayor and Councilmembers
FROM: Larry Hamer, Interim City Manager
ITEM: SIGNAL LIGHTS ON STINSON.BOULEVARD
We have received a Justification Report for the signal lights on Stinson
• Boulevard between 38th Avenue N.E. and 39th Avenue N.E. from the City of
Columbia Heights. The report includes information on Minnesota State Aid
traffic warrants, accident ratio on Stinson and costs of the project. The cost to
the City of St. Anthony will be about $50,000.-
Half of the $50,000 will be funded by Minnesota State Aid (MSA). The second
half could be funded by Tax Increment Financing by adding to the plans for the
Apache Tax Increment Financing District.
RECOMMENDATIONS
I discussed this project with Columbia Heights and informed them that if the St.
Anthony City Council approves the signal light system, installation should be
after the Apache TIF district is in place. This is my recommendation to the
Council also. In addition, if the Apache TIF goes into effect, the signal light
will be beneficial to the City of.St. Anthony.
•
SIGNAL JUSTIFICATION REPORT
• STINSON BLVD. AT 39TH AVENUE
BACKGROUND INFORMATION
A signal justification report to install a pedestrian signal on Stinson Blvd. mid-block between
38th and 39th Avenues was submitted to the Minnesota Department of Transportation Office of
State Aid on February 5, 1993. The pedestrian signal was justified with Warrant 12, Senior
Citizen and/or Handicapped Pedestrian Crossing Warrant, in the 1986 MUTCD. The report
showed that pedestrians have a difficult time crossing Stinson Blvd. due to the inadequate gaps
in the traffic stream. The Office of State Aid approved the signal justification report on July 9,
1993.
The City of Columbia Heights Engineering staff approached the City Council concerning plan
preparation and construction of the proposed pedestrian signal. Staff voiced concerns with the
safety issues involved with a mid-block signal. Based on this discussion, the City Council
directed staff to proceed with a signal justification report to install traffic signals at the
intersection of Stinson Blvd. and 39th Avenue rather than mid-block pedestrian signal between
38th and 39th Avenues.
The proposal is to install a new permanent traffic signal system on Stinson Blvd. at 39th Avenue.
This is considered a four leg intersection, although, the west leg is the driveway entrance/exit for
the disabled and senior citizen residence at 3850 Stinson Blvd. There is one approach lane on
northbound and southbound Stinson Blvd. and two approach lanes on 39th Avenue (left turn and
right turn lanes).
All four approaches have a stop sign. The posted speed limit is 30 MPH. There is a painted
pedestrian handicap crosswalk, however, traffic rarely stops to allow pedestrians to cross. The
crosswalk does have appropriate signs in place.
The traffic volume at this intersection meets the required volume of Warrant one: Minimum
Vehicular Volume for seven of the required eight hours. During the eighth hour, the traffic on
Stinson Boulevard had 13 vehicles less than the required volume. The 24-hour traffic count is
attached.
The estimated cost for this signal is $85,000.
There is a need for traffic signals to protect pedestrians attempting to cross Stinson Blvd. The
traffic volume on the major street, (Stinson Boulevard), is such that the requirements of Warrant
1 are met for seven of the required eight hours. Traffic on the minor street(39th Avenue) meets
the requirements for the entire eight hours.
Based on the traffic volume at this intersection and the lack of adequate gap time for pedestrians,
the City of Columbia Heights feels a traffic signal at the intersection of Stinson Boulevard and
• 39th Avenue is justified.
GLASS INCR
Ln_
9541-Foley B►vd.. Coon Haj5idl. AIN 55433 (61)700-2007 Mailing Address
9156 Clotor Diltoo, Bloomington. MN 65420 (dip)aeo-ma 9541 roloy Blvd.
I Rico 8110ot, St. PitA AIN 55 117 (612)499-9000 Coon Rapkfs, MN 56.433
10 Htyj� 7. Alinnotntiko, ON UWS (999)474 '714 t
jgtl'j Street S bV. roto-o Lake. MAI 95025
frisfi-I'lltsy 10. 'Elle P,*,,',7,,,' i.IN si"')jo (619)447-44,91
2-21s1 Avonuo S.. 51. cOod, MN 69291 (642)26®-1000
June 6, 1994
City of St . Anthony
3301 Silver Lake Rd
St Anthony, MN 55418
Ab4kll Lowry 46mor
Hal Council meeting
Mr. Hamer,
I would like to request to hav;e city Council consider hearing
my case on the conditional use permit of 4000 Silver Lake Rd
at the last meeting in June, -as we are to close on the purchase
of the property on June 30, 1994.
We would like to be sure that our use is approved before
closing on the property. .
Thank you for- your time and consideration in this matter..
Since elyp
f
Karen A. Rosar
KR/ag
i
fit 0
June 7, 1994
Mr. Larry Hamer
City Engineer
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Larry;
As you are aware, we have suspended potato chip production at the Happy's
production facility in St. Anthony for the last two and one-half months. This production
• has been moved to other plants while we evaluate other options for the St. Anthony
facility. I should note that we are continuing to operate our relatively small popcorn and
specialty re-bagging equipment at Happy's. Our office, warehousing and sales
operations are also continuing to operate.
It is our intention to either re-open the potato chip operation or to convert the plant into
a corn snack production facility. Because the potato chip industry is in a very
competitive consolidation phase I would anticipate that re-opening the potato chip
operation would be the less likely of the two alternatives. If we convert the plant into a
corn snack production facility it will require a substantial capital investment in new
equipment. The only way to justify such 'an investment is to run the operation around
the clock, or three shifts. The first two shifts would produce and package product. The
third shift would clean all the production equipment nightly and possibly, during peak
demand periods, be used for additional production. I would anticipate that our office
and sales staff would operate as they do currently. Our warehouse staff would be
increased by one shift to accommodate the extra production shift.
I would not expect the conversion of this plant to have any significant affect in terms of
noise or other outside activity above and beyond what we have experienced with our
potato chip operation in the past.
1
1 HAPPY'S POTATO CHIP CO.
3900 CHANDLER DRIVE, MINNEAPOLIS, MINNESOTA 55421-4494
1
TELEPHONE: 612-781-3121 FAX: 612-781-3125
Mr. Larry Hamer
• June 7, 1994
Page 2
should emphasize that we are still examining all our options for this facility. The two
have discussed here are the most likely. As soon as we decide on a plan of action,
will contact you so we can discuss any potential problems. This letter is meant to keep
you informed as to what our intentions are, and so that you can in turn let us know if we
should not expect to operate as we have stated.
Please let me know if there is any more information you require.
Sincerely,
HAPPY'S POTATO CHIP CO.
Steven C. Aanenson
Director of Special Projects
• SCA:jf
CHANGE ORDER NO. 2
PROJECT: 1994 Street and Watermain Improvements
OWNER: City of St. Anthony
TO: Midwest Asphalt Corporation
You are directed to make the changes noted below in the subject contract.
OWNER: CITY OF ST. ANTHONY
BY: BY: —2�Kl e�z��
Larry Hamer, Public Works Director M rk C.Anderson, Project Manager
DATE: DATE:
NATURE OF CHANGE:
Furnish and install all equipment and materials necessary to replace approximately 600 lineal feet
of sanitary sewer main and reconnect services on 32nd Avenue between Sta. 0+50 and 6+50.
Itemized quantities are tabulated below:
Item Unit Quantity Unit Price Amount
8" PVC 0'-12' Depth LF 200 $28.75 $5,750.00
8" PVC 12'-14' Depth LF 300 $34.50 $10,350.00
8" PVC 14'-16' Depth LF 100 $40.71 $4,071.00
8" x 6" Service Wyes EA 16 $460.00 $7,360.00
6" DIP Service Pipe LF 160 $17.25 $2,760.00
Connect to Existing MH EA 3 $862.50 $2,587.50
Pipe Foundation Material TON 100 $17.25 $1,725.00
Plug Sanitary MH (flow control) LS 1 $1,725.00 $1,725.00
Hold Power Poles EA 6 $345.00 $2,070.00
Total $38,39850
Original contract price $426,380.25
Net decrease resulting from this agreement $0.00
Net increase resulting from this Change Order No. 1 $2,217.50
Net increase resulting from this agreement $38,398.50
Total contract price including this agreement $466,996.25
No adjustment of contract time will result from this agreement, pending the agreement is approved
on or before June 7, 1994.
The above changes are approved:
Midwest As halt Co oration
Contractor
BY: DATE:
•
CITY OF ST. ANTHONY
RESOLUTION 94-032
A RESOLUTION APPROVING THE LEASE BETWEEN THE
CITY OF ST. ANTHONY AND SCHOOL DISTRICT NO. 282,
AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER
TO EXECUTE LEASE ON BEHALF OF THE CITY
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the Lease between the City and St. Anthony/New Brighton School
District No. 282 and authorizes the Mayor and Interim City Manager to
execute said Lease on behalf of the City.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
WRS: 5/4/94
• LEASE
This Lease is entered into as of November 1, 1993, by and between the CITY OF ST.
ANTHONY, a municipal corporation under the laws of the State of Minnesota
("Landlord") and ST. ANTHONY/NEW BRIGHTON SCHOOL DISTRICT NO. 282, a
Minnesota public school district ("Tenant").
Landlord, in consideration of the rents and covenants herein, does hereby demise,
lease and let unto the Tenant, and the Tenant does hereby hire and take from the
Landlord the following described premises located in the County of Hennepin and
the State of Minnesota:
That portion of the building (the "Building") located at 3301 Silver
Lake Road and legally described on Exhibit 2 attached hereto and made
a part hereof (the "Property"), which leased portion of the Building is
shown crosshatched on Exhibit 1 attached hereto and made a part of
(the "leased premises").
TO HAVE AND TO HOLD THE PREMISES, without any liability or obligation on
the part of Landlord of making any alterations, improvements or repairs of any kind
• on or about the leased premises except as provided herein, for the term of twelve
(12) months commencing November 1, 1993, unless terminated at an earlier date as
hereinafter provided.
ARTICLE 1. RENT.
Tenant will pay to Landlord at 3301 Silver Lake Road, St. Anthony,
Minnesota 55418, or at such other address as may be designated by Landlord,
without prior demand and without any deduction or set-off, annual rent in
the amount of $40,000.00, payable in monthly installments of $3,333.33 each.
ARTICLE 2. TERM.
The term of this lease shall be twelve (12) months commencing on
November 1, 1993 and terminating on October 31, 1994 unless terminated at
an earlier date as hereinafter provided.
ARTICLE 3. UTILITIES AND SERVICES.
Landlord agrees to furnish heat, water, sewer service, and electricity in
reasonable amounts, and snow plowing, but Landlord shall not be liable for
any loss or damage caused by or resulting_from any variation, interruption or
• failure of such services due to any cause; and no temporary interruption or
failure of such services, incident to the making of repairs, alterations or
improvements or due to accidents or strikes, or conditions or events shall be •
deemed as an eviction of Tenant or relieve Tenant from any of Tenant's
obligations hereunder.
If services are interrupted for a period of five consecutive days and all or a
portion of the leased premises are untenantable because of the lack of
services, the monthly rent will abate for the period the leased premises are
untenantable in proportion to the portion of the leased premises which is
untenantable.
ARTICLE 4. NON-LIABILITY OF LANDLORD.
Landlord shall not be liable to Tenant or those claiming through or under
Tenant, or Tenant's agents, guests, invitees, clients or otherwise for any
damage for failure to furnish services or utilities, the necessity for repairs or
improvements to such services, fire, explosion, strikes, or any causes beyond
Landlord's reasonable control; nor shall Landlord be liable for any damage to
property from any cause in or about the leased premises or the building
within same are located, including the parking area, and without limiting the
generality of the foregoing, any damage to property resulting from the use or
escape of gas, water, steam, electricity, air conditioning or other agency, or due
to fire, explosion or action of the elements. Landlord shall have no
responsibility or liability for loss or damage to fixtures, facilities or equipment •
installed or left on the premises. Tenant agrees to place and maintain
throughout the term hereof at its sole expense, such fire and other casualty
insurance covering Tenant's property as Tenant deems appropriate in
Tenant's reasonable discretion. Tenant further agrees to place and maintain
throughout the term hereof, comprehensive general liability insurance
covering the leased premises and providing insurance coverage with
minimum amounts of liability for bodily injury to one person in the amount
of Five Hundred Thousand Dollars ($500,000.00) and for bodily injury to any
group of persons in the amount of Five Hundred Thousand Dollars
($500,000.00) and for property damage in the amount of One Hundred
Thousand Dollars ( $100,000.00). Landlord and Tenant each expressly waive
any, right of recovery against each other for any losses caused by or resulting
from any acts of negligence or carelessness of the other, to the extent that such
losses might arise from fire or any other peril covered by any policy of
insurance.
ARTICLE 5. CARE OF PREMISES.
Tenant agrees:
-2- •
(1) to keep the leased premises in as good condition and repair as
they were in at the time Tenant took possession of same;
reasonable wear and tear and damage from the fire and other
casualty, for which insurance is normally procured, excepted;
(2) to keep the leased premises in a clean and sanitary condition;
(3) not to commit any nuisance or waste on the leased premises,
throw foreign substances in plumbing facilities, or waste any of
the utilities furnished by Landlord;
(4) if Tenant shall fail to keep and preserve these premises in the
state of condition required by the provisions of this Article, the
Landlord may, at its option, following thirty (30) days prior
written notice to Tenant and Tenant's failure to do so (except in
emergencies, in which case no notice shall be required) put or
cause the same to be put into the condition and state of repair
agreed upon, and in such case, the Tenant, on demand, shall pay
the cost thereof;
(5) Tenant agrees to abide by such Rules and Regulations as may be
reasonably promulgated by Landlord so long as the same are
consistent with the rights of Tenant under this Lease.
• Tenant shall erect no signs on the leased premises without the prior written
permission of the Landlord. Landlord shall be responsible for the
maintenance and repair of structural members, walls, footings and the roof of
the building of which the leased premises are a part and the building systems
to the point of entry into the leased premises, subject, however, to the .
provisions of Article 10. Tenant,shall be responsible for all other
maintenance, repair and replacement necessary for use of the leased premises;
the Landlord shall be responsible for maintenance of the parking area,
including snow plowing, and for an adequate level of security lighting.
ARTICLE 6. USE.
Tenant shall use the leased premises for community service offices, meetings,
or other- gatherings for community services and for no other purpose. Tenant
agrees not to commit or permit any act to be performed on the premises or
any omission to occur which will be in violation of any statute, regulation or
ordinance of any governmental body or which will increase the insurance
rates on the building or which will be in violation of any insurance policy
carried on the premises by the Landlord. The Tenant shall not disturb other
occupants of the building by making any undue or unseemly noise or
-3 -
otherwise, and shall not do or permit to be done in or about the leased
premises anything which will be dangerous to life, limb or property.
ARTICLE 7. INSPECTION AND REPAIRS.
The Landlord or its employees or agents shall have the right to enter the
premises at all reasonable times, upon reasonable prior notice for the purpose
of inspection, repairing, altering or improving the same or said building, but
nothing contained in this Article 7 shall be construed so as to impose any
obligation on the Landlord to make any repairs, alterations or improvements.
ARTICLE 8. ALTERATIONS.
Tenant will not make any alterations, additions or improvements in or to the
leased premises or add, disturb or in any way change any plumbing or wiring
therein without the prior written consent of the Landlord, which consent
shall not be unreasonably withheld or delayed so long as the same does not
adversely affect the structure, systems, appearance or value of the Building.
Landlord may condition its consent upon requirements as to the character of
the alterations, additions, or improvements to be made, the manner of doing
the work, and the persons to do the work. In the event that such prior
written consent is granted, Tenant agrees to make such alterations, additions
or improvements at its own sole expense, and warrants to Landlord that all
such alterations, additions, or improvements shall be in strict compliance •
with all relevant laws, ordinances, governmental regulations and insurance
requirements.
The Tenant shall be responsible for the purchase and installation of any
additional air conditioning units, other than those already provided, 50% of
the cost of purchasing and installing any new locks for the leased premises or
for the exterior doors of the Building for which Tenant has keys, and the
installation of carpeting and drapes in the leased premises, if requested by
Tenant.
ARTICLE 9. COMMON AREAS.
Tenant is hereby granted the nonexclusive right to use the driveways,
parking, sidewalks, hallways and restrooms serving the Building ("Common
Areas") in connection with Tenant's use of the leased premises and subject to
the provisions of this Lease and any rules and regulations established by
Landlord; provided, however, that Landlord may reserve for Landlord's
exclusive use not more than ten (10) of the existing parking stalls and any
new parking stalls added by Landlord, which stalls Landlord may mark by a
sign or signs indicating Landlord's reservation.
-4 - �.
• For purposes of this Lease, the term "Cafeteria" means that portion of the
Building crosshatched on Exhibit 3 attached hereto and made a part hereof,
and the term "Gymnasium means that portion of the Building crosshatched
on Exhibit 4 attached hereto and made a part hereof. In addition to the use of
the Common Areas, Landlord and Tenant contemplate the use of the
Cafeteria and Gymnasium for various community events. Tenant shall, for
the term of this Lease, be responsible for the scheduling of events and the
collection of fees for such events according to a rental fee schedule satisfactory
to Landlord. All events other than events of Landlord or Tenant, or events
sponsored by them, (as determined by Tenant in its reasonable discretion with
respect to events other than Landlord-sponsored events), shall be subject to
rental fees in accordance with the rental fee schedule. Tenant may retain all
event fees collected by Tenant. Tenant shall schedule no event for which
adequate insurance (with respect to both coverage and cost) is not, in the
opinion of Landlord, available. For purposes of this Article 9, insurance
coverage shall be deemed adequate if the proposed user shall carry
comprehensive general liability insurance with limits at least equal to those
required of Tenant in Article 4 hereof. Except for current methods of
scheduling and such modifications as are agreed upon between Landlord and
Tenant, Tenant shall schedule no event which, at the time of scheduling,
conflicts in time with any scheduled Landlord event or Landlord-sponsored
event. Landlord will not convert the Cafeteria or Gymnasium to different
• uses during the term of this Lease without providing similar space for
continuation of the community services events.
Landlord shall be responsible for the maintenance and cleaning of the
Common Areas, the Gymnasium and the Cafeteria, except that Tenant shall
be responsible for cleaning the Gymnasium and Cafeteria after any Tenant or
Tenant-sponsored events scheduled by Tenant pursuant to this Section, and
for repairing any damage occurring at or as a result of such events. Landlord
will be responsible for repair and maintenance of the Building.
ARTICLE 10. ASSIGNMENT OR SUBLETTING.
Tenant shall not assign this Lease or sublet said premises, or any part thereof,
whether by voluntary act, operation of law, or otherwise, without obtaining
the prior written consent of Landlord in each instance; Tenant shall seek such
written consent by a written request therefor, setting forth such information
as Landlord may desire. In the event that a bona fide sub-tenant or assignee is
proposed to Landlord by Tenant, and Landlord is unwilling to consent to such
proposed subtenancy or assignment, Landlord shall have the right, at
Landlord's sole discretion, to terminate this lease upon thirty (30) days
written notice to Tenant in lieu of consenting to such proposed sub-tenancy
-5-
or assignment. Consent by Landlord to one assignment of this Lease or to one
subletting of the leased premises shall not be a waiver of Landlord's rights •
under this Article as to any subsequent assignment or subletting. Landlord's
rights to assign this Lease are and shall remain unqualified.
ARTICLE 11. DAMAGE BY FIRE OR OTHER CASUALTY.
If fire or other casualty shall render the leased premises untenantable, this
Lease shall terminate forthwith, and any prepayments of rent shall be
refunded by the Landlord pro-rate; provided, however, that if the premises
can be repaired within ninety (90) days from the date of such event, then at
Landlord's option by notice in writing to Tenant mailed within thirty (30)
days after such damage or destruction, this Lease shall remain in full force
and effect, but the rent for the period during which the premises are
untenantable shall be discounted pro-rata.
ARTICLE 12. EMINENT DOMAIN.
If such a portion of the leased premises or the Building or the Property are
taken by any public authority under the power of eminent domain as to
render the remaining portion unsuitable for the purposes intended
hereunder, then the term of this Lease shall cease as of the day possession
shall be taken by such public authority, and Landlord shall make a pro-rata
refund of any rent that may have been paid in advance. All damages awarded •
for such taking under the power of eminent domain shall belong to and be
the property of Landlord, irrespective of the basis upon which they are
awarded.
ARTICLE 13. SURRENDER.
On the last day of the term of this Lease or on the sooner termination thereof,
Tenant shall peaceably surrender the leased premises in good condition and
repair consistent with Tenant's duty to make repairs as provided in Article 5
hereof. On or before the last day of the term of the lease or the sooner
termination thereof, Tenant shall at its expense remove all of its equipment
from the leased premises, and any property not removed shall be deemed
abandoned. Tenant shall reimburse Landlord for any expenses reasonably
incurred by Landlord with respect to removal or storage of abandoned
property. All alterations, additions and fixtures, other than Tenant's
equipment, which have been made or installed by either Landlord or Tenant
upon the leased premises shall remain as Landlord's property and shall be
surrendered with the leased premises as a part thereof; provided, however,
that Tenant may prior to the end of the term of this lease remove any of its
fixtures if in so doing it shall repair any damage occasioned thereby. If the
-6 - •
leased premises be not surrendered at the end of the term or sooner
termination thereof, Tenant shall indemnify Landlord against loss or liability
resulting from delay by Tenant in so surrendering the premises, including,
without limitation, claims made by any succeeding tenant founded on such
delay, and reasonable attorneys fees. Tenant shall promptly surrender all keys
for the leased premises to Landlord at the place then fixed for payment of rent
and shall inform Landlord of combinations on any locks and safes on the
leased premises.
ARTICLE 14. NON-PAYMENT OF RENT; DEFAULTS.
If any one or more of the following occurs, (1 ) a rent payment from Tenant to
Landlord shall be and remain unpaid in whole or in part for more than
fifteen (15) days after notice from the Landlord; (2) Tenant shall violate or
default any of the other covenants, agreement, stipulations, or conditions
herein, and such violation or default shall continue for a period of thirty (30)
days after written notice from Landlord of such violation or default or, if the
default may not reasonably be cured within a thirty (30)-day period, then
within such additional time as may be reasonably necessary to cure the
default so long as Tenant is making diligent efforts to cure the default; or (3) if
Tenant shall be adjudged bankrupt or-file a petition in bankruptcy or
otherwise indicates insolvency or becomes insolvent; then it shall be optional
for Landlord to declare this Lease forfeited and the said term ended, and to re-
enter said premises, with or without process of law, using such force as may
be necessary to remove all persons or chattels therefrom, and Landlord shall
not be liable for damage by reason of such re-entry or forfeiture; but
notwithstanding re-entry by Landlord or forfeiture or termination of this
Lease, the liability of Tenant for the rent provided for herein shall not be
relinquished or extinguished for the balance of the term of this Lease. Each
party to this Lease will pay, in addition to the rentals and other sums agreed
to be paid hereunder, such additional sums as the court may adjudicate
reasonable as attorney's fees in any suit or action instituted by the other party
to enforce the provisions of this Lease, or the collection of the rentals due
Landlord hereunder.
ARTICLE 15. HOLDING OVER.
In the event Tenant remains in possession of the premises herein leased after
the expiration of this Lease and without the execution of a new lease, it shall
be deemed to be occupying said premises as a tenant from month to month,
subject to all the conditions, provisions, and obligations of this lease insofar
as the same can be applicable to a month-to-month tenancy.
-7-
ARTICLE 16. COVENANTS TO-HOLD HARMLESS.
Except in the case of negligence of.Landlord, its agents or employees, Tenant
agrees to hold Landlord harmless for any liability for damages to any person
or property in or about the leased premises and to defend and indemnify
Landlord with respect to any actions, suits or claims relating to any injury,
death or property damage within the leased premises. All property kept,
stored, or maintained in the leased premises shall be so kept, stored, or
maintained at'the sole risk of Tenant. Tenant agrees to pay all sums of
money in respect of any labor, services, materials, supplies or equipment
furnished or alleged to have been furnished to Tenant in or about the leased
premises which may be secured by any mechanic's, materialmen's or other
lien against the leased premises or the Landlord's interest therein and will
cause each such lien to be discharged at the time performance of any
obligation secured thereby matures, provided that Tenant may, upon
depositing and maintaining with Landlord a sum reasonably satisfactory to
Landlord to protect Landlord's interest in the leased premises from such lien,
contest such lien, but if such lien is reduced to final judgement or process
thereon is not stayed, or if stayed and said stay expires, then and each such
event Tenant shall forthwith pay and discharge said judgement. Landlord
shall have the right to post and maintain on the leased premises, notices of
non-responsibility under the laws of Minnesota.
ARTICLE 17. SUBORDINATION.
At the request of any mortgagee or ground lessor, this Lease will be subject
and subordinate to any mortgage or ground lease which may now or hereafter
encumber the Building, and Tenant will execute, acknowledge and deliver to
Landlord any document requested by Landlord to evidence the subordination.
Such subordination is on the condition that Tenant's right of possession of
the leased premises as provided in this Lease will not be disturbed by the
mortgagee or ground lessor so long as Tenant is not in default under this
Lease. If the interest of Landlord is transferred to any party by reason of
foreclosure of a mortgage or cancellation of a ground lease, or by delivery of a
deed in lieu of foreclosure or cancellation, Tenant will immediately and
automatically attorn to such party. Tenant agrees that upon notification by
Landlord or any mortgagee or ground Landlord of the election of a mortgagee
or ground lessor to subordinate its interest in the leased premises to this
Lease, this Lease will become prior to the mortgage or ground lease.
ARTICLE 18. GENERAL.
This Lease does not create the relationship of principal and agent or of
partnership or of joint venture or of any association between Landlord and
Tenant, the sole relationship between Landlord and Tenant being that of
landlord and tenant. No waiver of any default of either party hereunder shall
be implied from any omission by the other party to take any action on account
of such default if such default persists or is repeated, and no express waiver
shall affect any default other than the default specified in the express waiver
and that only for the time and to the extent therein stated. Each term and
each provision of this Lease performable by Tenant shall be construed to be
both a covenant and a condition. All preliminary negotiations are merged
into and incorporated in this Lease. This Lease can only be modified or
amended by an Agreement in writing, signed by the parties hereto. All
provisions hereof shall be binding upon the heirs, successors and assigns of
each party hereto. Any notice required to be served in writing hereunder
shall be mailed to the parties at the addresses set out after their respective
signatures. Any and all indebtedness owing by the either party to the other
pursuant to the terms of this Lease which remains unpaid for a period of
thirty (30) days after it first becomes due and payable shall bear interest from
and after the lapse of such thirty (30) day period at the rate of eight percent
(8%) per annum. This Lease shall not be effective until executed by all parties
hereto.
ARTICLE 19. TERMINATION.
Either party shall have the right to terminate this lease at any time upon
ninety (90) days prior written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and
year first above written.
CITY OF ST. ANTHONY
Its Mayor
Its Interim City Manager
ST. ANTHONY/NEW BRIGHTON
SCHOOL DISTRICT NO. 282
Its Chair
Its Clerk
- 10-
•
STAFF REPORT
DATE: June 2, 1994
TO: Mayor and Councilmembers
FROM: Larry Hamer, Interim City Manager
• ITEM: HENNE PIN COUNTY ASSESSING AGREEMENT
RECOMMENDATION
Recommend approval of the Hennepin County assessing agreement for 1995,
1996, 1997, and 1998.
•
•
CITY OF ST. ANTHONY
RESOLUTION 94-035
A RESOLUTION APPROVING AN ASSESSING AGREEMENT WITH
HENNEPIN COUNTY FOR 1995, 1996, 1997, AND 1998
AND AUTHORIZING THE MAYOR AND
INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENT
ON BEHALF OF THE CITY OF ST. ANTHONY
WHEREAS, the City of St. Anthony desires Hennepin County to perform certain assessments
on behalf of the City; and
WHEREAS, the County is willing to complete the assessment in a proper manner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the Assessing Agreement for 1995, 1996, 1997, and 1998, between the City and
Hennepin County and authorizes the Mayor and Interim City Manager to execute said Agreement
on behalf of the City.
•
Adopted this day of , 1994.
P Y
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
Contract No. A07104
• AGREEMENT
THIS AGREEMENT, Made and entered into by and between the
COUNTY OF HENNEPIN, a political subdivision of the State of
Minnesota, hereinafter referred to as the "COUNTY", and the CITY
OF ST. .ANTHONY, a political subdivision of the State of
Minnesota, hereinafter referred to as "CITY";
WHEREAS, said CITY lies partially within the COUNTY OF
HENNEPIN and constitutes a separate assessment district; and
WHEREAS, under such circumstances, the provisions of
Minnesota Statutes, Section 273. 072 and Minnesota Statutes,
Section 471.59 permit the County Assessor to provide for the
assessment of property; and
WHEREAS, said CITY desires the COUNTY to perform certain
• assessments on behalf of said CITY; and
WHEREAS, the COUNTY is willing to cooperate with said
CITY by completing the assessment in a proper manner;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed as follows:
1. The COUNTY shall perform the 1995, 1996, 1997 and
1998 property assessment for the CITY of ST. ANTHONY in
accordance with property assessment procedures and practices
established and observed by the COUNTY, the validity and
reasonableness of which are hereby acknowledged and approved by
the CITY. Any such practices and procedures may be changed from
time to time, by the COUNTY in its sole judgment, when good and
efficient assessment procedures so require. The property
assessment by the COUNTY shall be composed of those assessment
services which are set forth in Exhibit A, attached hereto and •
made a part hereof by this reference, provided that the time
frames set forth therein shall be considered to be approximate
only.
2 . All information, records, data, reports, etc.
necessary to allow the COUNTY to carry out its herein
responsibilities shall be furnished to the COUNTY without charge
by the CITY, and the CITY agrees to cooperate with the COUNTY in
carrying out the work under this Agreement.
3. The CITY agrees to furnish office space needed by
the COUNTY, without charge, at appropriate places in the CITY's
offices . The keys thereto shall be provided to the COUNTY. The
CITY assures that such areas shall not 'be unattended during or •
after work of any kind therein by or on behalf of the CITY, or if
unattended, the CITY shall make certain that such areas are
locked and secured. Such office space shall be sufficient in
size to accommodate reasonably two (2) appraisers and any
furniture placed therein. The office space shall be available
for the COUNTY's use at any and all times during the CITY's
business hours, and during all such hours the County shall be
provided with levels of heat, air conditioning and ventilation as
are appropriate for the seasons.
4 . The CITY also agrees to provide appropriate desk
and office furniture as necessary, clerical and secretarial
support necessary and reasonable for the carrying out of the work
(2)
herein, necessary office supplies and equipment, copying machines
® and supplies, and telephone service to the COUNTY, all without
charge to the COUNTY.
5 . It shall be the responsibility of the CITY to have
available at the CITY's offices each CITY working day a person
who has such knowledge and skill to be able to answer routine
questions pertaining to homesteads and property assessment
matters and to receive, evaluate and organize homestead
applications . It shall also be the responsibility of the CITY to
promptly refer to the COUNTY any homestead application which
needs investigation.
6 . In accordance with Hennepin County Affirmative
Action Policy and the County Commissioners' policies against
discrimination, no person shall be excluded from full employment
rights or participation in or the benefits of any program,
I ervice or activity on the grounds of race, color, creed,
religion, age, sex, disability, marital status,
affectional/sexual preference, public assistance status, ex-
offender status or national origin; and no person who is
protected by applicable Federal or State laws, rules and
regulations against discrimination shall be otherwise subjected
to discrimination.
7 .A. It is agreed that nothing herein contained is
intended or should 'be construed in' any manner as creating or
establishing the relationship of joint venturers or co-partners
between the parties hereto or as constituting the CITY as the
agent,,,. representative or employee of the COUNTY for any purpose
( 3)
or in any manner whatsoever. Any and all CITY personnel or other
persons, while engaged in the performance of any activity or
obligation under this Agreement, shall have no contractual
relationship with the COUNTY and shall not be considered
employees of the COUNTY and any and all claims that may or might
arise under the Workers ' Compensation Act of the State of
Minnesota on behalf of said personnel or other persons while so
engaged, and any and all claims whatsoever on behalf of any such
person or personnel arising out of employment or alleged
employment including, without limitation, claims of
discrimination against the CITY, its officers, agents,
contractors, or employees shall in no way be the responsibility
of the COUNTY, and CITY shall defend, indemnify and hold the
COUNTY, its elected officials, officers, agents, employees and
duly authorized volunteers harmless from any and all such claims •
asserted against any, some or all of the foregoing regardless of
any determination of any pertinent tribunal, agency, board,
commission or court. Such personnel or other persons shall not
require nor be entitled to any compensation, rights or benefits
of any kind whatsoever. from the COUNTY, including, without
limitation, .tenure rights, medical and hospital care, sick and
vacation leave, workers'. compensation, unemployment compensation, -
disability, severance. pay and P.E.R.A. .
The COUNTY agrees to promptly notify the CITY in writing
whenever the COUNTY receives written notification of a claim or
of a threat or initiation of an action arising from or relating
to the subject matter of this paragraph 7 .A.
(4)
7 .B. Any and all personnel of the COUNTY or other
County-authorized persons, while engaged in the performance of
• any work or services required of the COUNTY under this Agreement,
shall have no contractual relationship with the CITY and shall
not be considered employees of the CITY and any and all claims
whatsoever on behalf of any such person or personnel arising out
of employment or alleged employment including, without
limitation, claims of discrimination against the CITY, its
officers, agents, contractors or employees shall in no way be the
responsibility of the CITY, and the COUNTY does hereby hold the
CITY harmless from any and all such claims . Such personnel or
other persons shall not require nor be entitled to any
compensation, rights or benefits of any kind whatsoever from the
CITY, including., without limitation, tenure rights, medical and
• hospital care., sick and vacation leave, severance pay and PERA.
The CITY agrees to promptly notify the COUNTY in writing
whenever the CITY receives written notification of a claim or a
threat or initiation of an action arising from or relating to the
subject matter of this paragraph 7 .B.
7 .C. The defend, indemnification, and/or harmless
provisions of foregoing paragraphs 7 .A. and 7 .B. , as any such
provision pertains to the herein respective parties, shall not be
effective under circumstances wherein substantial reasons exist
to reasonably conclude in good faith that the provisions of
Minnesota Statutes § 176 .061 ( 1992) are applicable.
B .A. Consistent with the specific limits, exclusions
and conditions expressed in Minnesota Statutes, Chapter 466
(•5�4,
( 1992, as may be amended) , CITY agrees that it will defend and
hold the COUNTY, its elected officials, officers, agents, •
employees and duly authorized volunteers harmless from any and
all liability (statutory- or otherwise) claims, suits, damages,
judgments, interest, costs or expenses (including reasonable
attorney's fees, witness fees and disbursements incurred in the
defense thereof) resulting from 'or caused by any act or omission
of the CITY, its officers, agents, contractors, employees or duly
authorized volunteers in the performance of the responsibilities
provided by this Agreement. The COUNTY agrees to promptly notify
the CITY whenever the COUNTY receives written notification of a
claim or threat or initiation of an action arising from or
relating to the subject matter of this paragraph 8.A.
8.B. Nothing in the contract documents shall be
construed as or operate as waivers of the COUNTY's statutory or •
common law immunities or limitations of liability. However,
consistent with the foregoing, the COUNTY's liability obligations
shall be as follows: consistent with the specific limits,
exclusions and conditions expressed in Minnesota Statutes Chapter
466 ( 1992, as may be amended) , the COUNTY agrees to hold the
CITY, its officers and employees, harmless from any and all
claims and liability with respect to bodily injury or property
damage to the extent the same results directly or indirectly from
any negligent act or omission of the COUNTY, its agents and
employees . The CITY agrees to promptly notify the COUNTY in
writing whenever the CITY receives written notification of a
claim or a threat or initiation of an action arising from or
relating to the subject matter of this paragraph 8 .B. •
(6)
9 . Except as otherwise provided in paragraphs 7 .B. ,
7 .C. and 8.B. hereof, the COUNTY's liability hereunder shall be
• as follows:
The COUNTY shall endeavor to perform all services called
for .herein in an efficient manner. The sole and exclusive
remedies for any breach of this Agreement by the COUNTY and for
COUNTY's liability of any kind whatsoever, including but not
limited to liability for negligence with respect to the services
hereunder, shall be limited to correcting diligently any
deficiency in said services as is reasonably possible under the
pertinent circumstances . In no event shall the COUNTY be liable
for actual, direct, special, incidental, or consequential damages
or for any business or financial loss whatsoever.
10. Neither party hereto shall be deemed to be in
default of any provision of this Agreement, or for delay or
failure in performance, resulting from causes beyond the
reasonable control of such party, which causes shall include, but
are not limited to, acts of God, labor disputes, acts of civil or
military authority, fire, civil disturbance, changes in laws,
ordinances or regulations which materially affect the provisions
hereof, or any other causes beyond the parties' reasonable
control.
11. This Agreement shall commence on August 1, 1994,
and shall terminate on July 31, 1998.. This Agreement may be
extended for a term of four (4) years by either party giving the
other written notice of its intent to so extend no less than 150
days prior to the termination of this Agreement. If the party
(7)
who receives said notice of intent to extend gives written notice
to the other party of its desire not to extend within 110 days
prior to termination of this Agreement, this Agreement shall •
terminate on July 31, 1998 .
Nothing herein shall preclude the parties, prior to
the end of this Agreement, from agreeing to extend this contract
for a term of four (4) years . Any extended term hereof shall be
on the same terms and conditions set forth herein. Either party
may terminate this Agreement for "just cause" as determined by
the Commissioner of Revenue after hearing for such a
determination is held by the Commissioner of Revenue and which
has been attended by representatives of COUNTY and CITY or which
said representatives had a reasonable opportunity to attend,
provided that after such determination-, any part desiring to
cancel this Agreement may do so by giving the other party no less
than 120 days' written notice. If the CITY should cancel this
Agreement, as above provided, before the completion of the then
current property assessment by the COUNTY, the CITY agrees to
defend and hold harmless the COUNTY, its elected officials,
officers, agents, employees and duly authorized volunteers from
any liability that might ensue as a result of the non-completion
of a property tax assessment.
For the -purpose of this Agreement, the term "just
cause" shall mean the failure of any party hereto reasonably to
perform a material responsibility arising hereunder.
12 . In consideration of said assessment services, .the
CITY agrees to pay the COUNTY the sum of Twenty-four Thousand Six
(8)
Hundred ($24, 600 .00) Dollars for each assessment, provided that
any payment due in September of any year (as below provided) may
be increased or decreased by that amount which exceeds or is less
than the COUNTY's estimated cost of appraising new construction
and new parcels for relevant assessment. Regarding each
assessment, in addition to being subject to adjustment in the
above manner, said assessment cost of $24,600. 00 may also be
increased by the COUNTY if:
a. The COUNTY determines that any cost to
the COUNTY in carrying out any aspect of
this Agreement has increased, including
but not limited to the following types of
costs : new construction and new parcel -
appraisals, gasoline, postage, supplies,
labor (including fringe benefits) and
other types of costs, whether similar or
dissimilar; and/or
b. The COUNTY reasonably determines that
other costs should be included in the
costs of assessment work.
The COUNTY shall give written notice of any price change
by June 15 of any year and such increase shall apply to the
assessment for the calendar year next following the current
calendar year. Any such notification shall specifically set
forth the amount of any new construction and new parcel appraisal
charges. Notwithstanding any provisions herein to the contrary,
if any such increase, exclusive of any charge for the estimated
costs of new construction and new parcel appraisals, exceeds ten
( 10%) percent of the amount charged for the assessment for the
then current calendar year, exclusive of any charge for the
estimated costs of new construction and new parcel appraisals,
. the CITY may cancel this Agreement by giving to the COUNTY
(9)
I
written notice thereof, provided that said cancellation notice
must- be received by the COUNTY not later than July 24 of the then
current calendar year and said cancellation shall be effective no
earlier than five (5) days after the receipt of said notice by
the .COUNTY and not later than July 31 of said current calendar
year. Supportive records of the cost increase will be open to
inspection by the CITY at such times as are mutually agreed upon
by the COUNTY and CITY.
Failure of the COUNTY to give the CITY a price-change
notice by June 15 shall not preclude the COUNTY from giving CITY
such notice after said date but prior to September 1 of any year,
provided that if such price increase exceeds said ten ( 10%) - all
as above set forth - the CITY may cancel this Agreement if the
COUNTY receives notice thereof not later than thirty-nine (39)
days from the date of receipt by the CITY of any said late price-
change notice, provided further that any such cancellation shall
be effective not earlier than five (5) days after ,COUNTY's
receipt of said cancellation notice and not later than forty-six
(46) days after the CITY's receipt of any said price-increase
notice.
Payment by the' CITY shall be due no later than twenty-
one (21) days after. receipt by the CITY of billing from the
COUNTY for the herein assessment services, .provided that said
,payment shall be due no earlier than September 7 of each year. .
( 10)
13 . Any notice or demand, which may or must be given or
made by a party hereto, under the terms of this Agreement or any
statute or ordinance, shall be in writing and shall be sent
registered or certified mail to the other party addressed as
follows:
TO CITY: City Manager, City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
TO COUNTY: Hennepin County Administrator
2300A Government Center
Minneapolis, MN 55487
copies to: Director of Assessments
Hennepin County
2103A Government Center
Minneapolis, MN 55487
Assistant County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN 55487
• Any party may designate a different addressee or address
at any time by giving written notice thereof as above provided.
Any notice, if mailed, properly addressed, postage prepaid,
registered or certified mail, shall be deemed dispatched on the
registered date or that----stamped on the certified mail receipt and
shall be deemed received within the second business day
thereafter or when it is actually received, whichever is sooner.
Any notice delivered by hand shall be deemed received upon actual
delivery.
14. It is expressly understood that the obligations of
the CITY under Paragraphs 7, 8, 11, and 12 hereof and the
obligations of the CITY which, by their sense and context are
intended to survive the performance thereof by the CITY, shall so
(.11)
survive the completion of performance, termination or
cancellation of this Agreement.
IN WITNESS WHEREOF, the parties have caused this 0
Agreement to be executed by its duly authorized officers and
delivered on its behalf, this day of , 1994 .
COUNTY OF HENNEPIN, STATE OF MINNESOTA
Upon proper execution, this
agreement will be legally
valid and binding. BY:
Chairman of the County Board
~As`sisthfnt 9-d-Inity A torney And:
D-a-IE'e: Deputy Assoc. Co. Administrator
APPROVED AS TO EXECUTION:
ATTEST:
Clerk of the County Board
Assistant County Attorney CITY OF ST. ANTHONY
Date:
By:
Its
And:
Its
The above Agreement No. A07104 is hereby approved by the
Commissioner of Revenue this day of , 1994.
COMMISSIONER OF REVENUE .
( 12)
Contract No. A07104
EXHIBIT A
CITY OF ST. ANTHONY
1. Physically inspect and revalue 25% of the real property, as
required by law.
2 . Physically inspect and value all new construction, additions
and renovation.
3 . Conduct valuation reviews prior to Board of Review -
approximate dates: March through May 15.
4 . Attend Board of Review. Per Board request, make all
necessary review appraisals. Approximate dates: April 1
May 31
5 . Keep updated field card file - current values, homestead and
classification data.
6 . Print, mail and post valuation notices and homestead cards.
7 . Respond to taxpayers regarding assessment or appraisal
problems or inquiries periodically during contract term.
8. Make divisions and combinations periodically during contract
term.
9 . Initiate, for the taxpayer, abatement applications
periodically during contract term, as requested.
10. Make appraisals for, testify or negotiate all District Court
or Tax Court filings during the contract term.
11. Post values from appraisal cards to assessment rolls .
12 . As needed, per sales analysis, adjust estimated market
values on those properties not physically inspected.
::civu.St EC0NTRAC ]ACaEE.sz7;io
( 13)
CITY OF ST. ANTHONY
• RESOLUTION 94-038
A RESOLUTION APPROVING THE SECOND AMENDMENT
TO THE ASSESSMENT POLICY OF THE CITY OF ST. ANTHONY
WHEREAS, BE IT RESOLVED that the City Council of the City of St. Anthony hereby
approves the second amendment to the Assessment Policy, adopted on
November 10, 1992. The amendment shall read as follows:
Add to Page 5:
PAYMENT OF ASSESSMENTS
The owner of any property so assessed may, at any time prior to certification,
make payments (partial or full) towards the balance owed.
The owner may, at any time after certification, pay the whole of the assessment,
with interest accrued to the date of payment, except that no interest be charged
if the entire assessment is paid by November 30th of the assessment year.
• The owner may, at any time thereafter, pay to the Finance Director the entire
amount of the assessment remaining unpaid, with interest accrued to December
of the year in which such payment is made. Such payment must be made before
November 14th or interest will be charged through December 31st of the
succeeding year.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Interim City Manager
•
• DOUBLE FRONTAGE LOTS oousu momurn LOTS
Front footage is determined similar STREET A
to a corner lot. Work on one street lot
is assessed full length While the
other street is assessed 1/3 of its
ASSESSARLE FRONT FOOTAGE „o t Iength. See Figure 5.
tS TREATED A3 A CORNEA lDT:
+a t
STREET B
J.Work on SVvA A.Footage v 100 R
2 Wort on Street B.Footage • 1D= -.33.3 R
3.Wort on both A&nd R:FooWe - 1DO i 100f3 w 133.3 R
Fgure S.
PA"1ENT OF ASSESSAIIENTS
The owner of any property so assessed may, at any time prior to certification, make payments (partial
or full) towards the balance owed.
The owner may, at any time after certification, pay the whole of the assessment, with interest accrued
to-the date of payment, except that no interest be charged if the entire assessment is paid by November
30th of the assessment year.
The owner may, at any time thereafter, pay to the Finance Director the entire amount of the
assessment remaining unpaid, with interest accrued to December of the year in which such payment is
made. Such payment must be made before November 14th or interest will be charged through
December 31st of the succeeding year.
SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS
ESTABLISHMENT OF DEFERRAL: Pursuant to Minn. Stat. 435.193 et seq., special assessment
installment payments payable by senior citizens and persons retired by virtue of permanent and total
disability are deferred if payment of such installments would create a hardship.
CRITERIA: In determining whether or not a person is eligible for deferral of special assessment
installment payments, the following criteria are established.
SENIOR CITIZENS:
Senior citizens special assessment deferral applies to qualifying special assessments against all
properties classified as "homestead" pursuant to Minn. Stat. Chapter 273, where one or more
•
5
CITY OF ST. ANTHONY
RESOLUTION 94-039
A RESOLUTION AUTHORIZING A TEMPORARY SALARY
ADJUSTMENT FOR INTERIM CITY MANAGER
WHEREAS, the St. Anthony City Council appointed Mr. Lawrence A. Hamer, Director. of
Public Works, to act as Interim City Manager during the City Manager search.
The appointment was made on February 19, 1994, and
WHEREAS, the St. Anthony City Council wishes to thank and commend Mr. Hamer for the
excellent and conscientious manner in which he has conducted the business of the
City during the City Council's search for a City Manager.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby authorizes a temporary salary adjustment to compensate Lawrence A. Hamer for his
additional hours worked as follows:
Effective February 19, 1994 through June 30, 1994, Mr. Hamer will receive
• additional compensation of$1,000 per month over his present monthly salary of
$4,304.00.
Adopted this day of , 1994.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
Finance Director
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
June 14, 1994
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF JUNE 14, 1994 H.R.A. AGENDA.
IV. APPROVAL OF MAY 24, 1994 H.R.A. MINUTES.
V. H.R.A. RESOLUTION 1994-002, RE: APPROVE SALE OF 3112
SILVER LAKE ROAD.
VI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES
3 MAY 24, 1994
4 I. CALL TO ORDER.
5 The meeting was called to order by Chair Ranallo at 7:51 P.M..
6 II. ROLL CALL.
7 H.R.A. Members Present: Chair Ranallo, Vice Chair Enrooth, Secretary/Treasurer
8 Marks, Commissioners Fleming and Wagner
9 Staff Present: Interim H.R.A. Director Hamer
10 H.R.A. Attorney Soth
10 lII. APPROVAL OF MAY 24, 1994 H.R.A. AGENDA.
12 Motion by Fleming, seconded by Marks, to approve the May 24, 1994 H.R.A. agenda.
13 Motion carried unanimously.
14 IV. APPROVAL OF APRIL 26, 1994 H.R.A. MINUTES.
15 Motion by Wagner, seconded by Enrooth to approve the April 26, 1994 H.R.A.
16 minutes, as presented.
17 Motion carried unanimously.
18 V. PRESENTATION OF CLAIMS.
19 Motion by Marks, seconded by Enrooth to approve payment of the following claims:
20 A. Dorsey & Whitney.
21 Dorsey & Whitney in the amount of$389.60 for legal services rendered through
22 March 31, 1994.
i
1 City of St. Anthony
2 Housing and Redevelopment Authority Minutes
3 May 24, 1994
4 Page 2
5 B. City of St. Anthony General Fund.
6 City of St. Anthony General Fund in the amount of$24,039.20 for expenses
7 incurred regarding the 27th and Coolidge Avenue project.
8 Motion carried unanimously.
9 VI. TAX INCREMENT FINANCING/EVERGREEN TOWNHOMES.
10 It has been recommended by Jerry Gilligan of Dorsey & Whitney and Bob Thistle of
11 Springsted, Inc., that payment on the Evergreen Tax Increment Financing District, less
12 administration costs incurred by the H.R.A., be paid to Norwest Investment Services,
13 Inc., with a set 10% of each years' revenue to be retained for administrative expenses.
14 It was also noted that this payment will be made annually until the debt is retired.
15 Motion by Marks, seconded by Enrooth to approve payment to Norwest Investment
16 Services, Inc. in the amount of$50,173.09 ($55,747.88 less $5,574.79 administrative
17 expenses).
18 Motion carried unanimously.
19 VII. ADJOURNMENT.
20 Motion by Marks, seconded by Fleming to adjourn the H.-R.A. at 8:55 P.M..
21 Motion carried unanimously.
22 Respectfully submitted,
23 Connie Kroeplin
24 City Clerk
25
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 1994-002
A RESOLUTION APPROVING THE SALE OF PROPERTY
KNOWN AS 3112 SILVER LAKE ROAD (NOW KNOWN AS
2922 TOWNVIEW AVENUE N.E.)
WHEREAS, on January 12, 1993, the St. Anthony City Council approved the
plan for 3112 Silver Lake Road and authorized the use of the St.
Anthony Housing and Redevelopment Authority financing, not to
exceed $42,000, plus closing costs.
NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Housing and
Redevelopment Authority hereby approves the sale of the property known as 3112
Silver Lake Road (now known as 2922 Townview Avenue N.E.) for $26,000.
Adopted this day of , 1994.
Chair
Reviewed for administration:
Interim Executive Director