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HomeMy WebLinkAboutCC PACKET 01142003 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102982 Box: 29 Folder: CC PACKETS 2001-2004 Document: CC PACKET 01142003 CITY OF ST. ANTHONY Our mission is to be a progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL MEETING AGENDA January 14, 2003 7:00 PM Council Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the Following Items: I. Approval of January 14, 2003 City Council Meeting Agenda. Action requested. ll. Proclamations and Recognitions. III. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. IV. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Consider January 14, 2003 Council meeting minutes. (pp. 1 - 4) B. Consider licenses and permits - None. C. Consider claims. (pp. 5 - 13) D. Set date for Board of Review. (pp. 14 - 16) E. Resolutions 03-001 - 03-010 (Housekeeping resolutions). (pp. 17 - 33) F. Resolution 03-011, re: Approve amendment to Flexible Benefit Plan. (pp. 34 - 39) Page 2 V. Public Hearings - none. VI. Reports From Commissions and Staff. A. Planning Commission meeting - December 17, 2002. (pp. 40 - 48) 1. Resolution 03-012, re: Side and rear yard variance requests for 2611-30th Avenue NE (Bill Bauske). Action requested. (pp. 49 - 52) B. Engineering Report. (Todd Hubmer, WSB & Associates, will be present) 1. 2003 Street Project. Action requested. (pp. 53 - 56) a. Resolution 03-013, re: Declare cost to be assessed and order preparation of proposed assessment for 2003 street and utility improvements. b. Resolution 03-014, re: Call hearing on 2003 street improvements. C. Resolution 03-015, re: Call hearing on proposed assessment for 2003 street improvements. 2. Resolution 03-016, re: Sanitary sewer replacement on south end of City and trunk water main improvements on Kenzie Terrace. Action requested. (p. 57) VII. General Policy Business of the Council. A. Ordinance 2003-001, re: Liquor licensing (1" reading). (Jerry Gilligan, Dorsey & Whitney will be present.)Action requested. (pp. 58 - 77) VIII. Reports From City Manager and Councilmembers. IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment. City Council Regular Meeting Minutes 1 December 9, 2002 Page 1 1 CITY OF ST. ANTHONY 2 3 CITY COUNCIL REGULAR MEETING MINUTES 4 5 December 9, 2002 6 7 CALL TO ORDER. 8 Mayor Hodson called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 Present: Mayor Hodson; Councilmembers Horst, Sparks, Thuesen, and Faust. 15 Absent: None. 16 Also Present: City Manager Mike Mornson. 17 18 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF DECEMBER 9, 2002 CITY COUNCIL MEETING AGENDA. 22 Motion by Councilmember Sparks to approve the City Council Meeting Agenda of December 9, 23 2002. 24 25 Motion carried unanimously. 26 27 II. PROCLAMATIONS AND RECOGNITIONS. 28 None. 29 30 III. COMMUNITY FORUM. 31 Mayor Hodson invited residents to come forward at this time and address the Council on items 32 that are not on the regular agenda. 33 34 Hearing none, Mayor Hodson moved forward with the agenda. 35 36 IV. CONSENT AGENDA. 37 38 1. Consider November 26 2002 Council meeting minutes. 39 2. Consider licenses and permits. 40 3. Consider payment of claims. 41 4. Ordinance 2002-006 re: Amend water rates Ord readiniz). 42 5. Ordinance 2002-007 re: Amend license fees (3rd reading). 43 6. Ordinance 2002-008 re: Disposal of garbage(2nd reading). . 44 45 Motion by Councilmember Sparks to approve the Consent Agenda items. 46 47 Motion carried unanimously. City Council Regular Meeting Minutes December 9, 2002 Page 2 1 2 V. PUBLIC HEARINGS. 3 A. Truth in Taxation(Resolution 02-072 re: Proposed 2003 City Budget and proyerty 4 taxes). 5 6 Mr. Mornson gave a presentation on the City's 2003 Budget. He reviewed the 2003 revenue 7 chart for expenditures and explained why the residents would see a 6% increase from the 8 General Fund Total Expenditures. 9 10 In reviewing the budget, Mr. Mornson stated there would be no new staff positions and the 11 changes in expenditures included a 3.25% increase in union contracts, a 12% increase in health 12 insurance, 800 MHZ Radio's/Communications, legal and prosecution fees, and renovations to 13 the park system. -14 15 Mr. Mornson said the City's average tax increase is about 6.5%, compared to an average 16 statewide tax increase of 15%. He stated that St. Anthony City taxes payable in 2003 is 17 $770.58. 18 19 Mr. Mornson discussed why taxes go up when the levy decreases. He said the taxes received by 20 the City are less than last year, the apartment taxes dropped in 2003, and class'rates to 21 apartments changed from 2002 to 2003. He also discussed the tax relief for businesses and said 22 the average tax increase for them will be about 2%. 23 24 Mr. Mornson explained what residents get for their taxes and reviewed where $430 m taxes per 25 year is going. 26 27 ' Mayor Hodson opened the public hearing at 7:18p.m. 28 29 Stan Nelson of 3504 Maplewood Drive stated he has a question about the City's capital 30 equipment. Mr. Mornson stated the City has a separate capital equipment account that funds 31 things such as fire trucks and police cars. 32 33 Mr. Nelson asked what the parks budget consists of. Mr. Mornson responded two employees 34 and things such as fertilizer. 35 36 Mr. Nelson stated he was concerned about police department costs and asked how long term 37 retirement needs are funded. He also wanted to make sure there was a line item in the budget 38 regarding retirement costs. Mr. Momson responded that these costs are included in the budget. 39 40 Mr. Nelson wanted to know how much of the budget was tied up in unfunded mandates. 41 Councilmember Faust stated he is part of the League of Minnesota Cities,which puts together a 42 legislative package, and unfunded mandates are always something that is discussed. 43 44 Mayor Hodson closed the public hearing at 7:26 p.m. 45 46 Motion by Councilmember Sparks to adopt Resolution 02-072,re: Proposed 2003 City Budget 47 and property taxes. City Council Regular Meeting Minutes 3 December 9, 2002 Page 3 1 2 Mayor Horst stated that he feels the services he gets as a resident are a good value for what is 3 paid,noting the importance of the safety of the streets and residents homes in cases of fires or 4 emergencies. He added that there would be tough questions posed to them as a Council 5 concerning cuts that might come from the Budget cuts and suggested a town informational 6 meeting. He stated that the City has a very competent Staff who manages costs and feels that 7 they would continue to do so in the future. 8 9 Councilmember Thuesen agreed with the Mayor and stated that the Council cares deeply for the 10 community as does Staff. He explained that decisions from the State Capital might pose some 11 difficult decisions from the Council and Staff,but stated that he feels these decisions would be 12 handled correctly. 13 14 Motion carried unanimously. 15 16 VI. REPORTS FROM COMMISSIONS AND STAFF. 17 Mr. Mornson stated he had nothing to report. 18 19 20 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 21 A. Resolution 02-073, re: Planning Commission appointments. 22 Mayor Hodson stated they had three interviews for the Planning Commission appointments. He 23 announced that Kim Tillmann and Joel Stromgren have been appointed to three terms on the St. 24 Anthony Planning Commission. Mayor Hodson stated it was a difficult decision an d he wanted 25 to thank all of the candidates. - 26 27 Motion by Councilmember Horst to adopt Resolution 02-073, re: Planning Commission 28 appointments. 29 30 Motion carried unanimously. 31 32 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 33 Mr. Mornson reported that this is the last meeting of the year and that the first meeting in 2003 34 would be on January 14. 35 36 Councilmember Horst reported that he attended the Community Services Board last week. He 37 said the discussions dealt with budget cuts and what will happen with adult education cuts in the 38 future. He also attended the Parks Commission meeting last week and reported there was a 39 presentation by the Three Rivers Parks regarding the Salvation Army Parks. He stated there 40 were discussions about the danger of having a warming house in left field. He believes a 41 meeting last week resolved the issue to move the warming house. 42 43 Councilmember Sparks had nothing to report. 44 45 Councilmember Thuesen had nothing to report. 46 City Council Regular Meeting Minutes December 9, 2002 Page 4 1 Councilmember Faust indicated that the City was given a Flood Water award. He stated 2 flooding has been a City problem for a long time. He noted that the task force on this project 3 should be commended. 4 5 Mayor Hodson said he is pleased with everything going on in the City. He noted there are three 6 restaurantibars interested in purchasing a location in the City. Mayor Hodson said there are a lot 7 of things going on and a there are great teams working on the projects. 8 9 IX. INFORMATION AND ANNOUNCEMENTS. 10 None. 11 12 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. 13 None. 14 15 XI. ADJOURNMENT. 16 Motion by Councilmember Faust to adjourn the meeting at 7:40 p.m. 17 18 Motion carried unanimously. 19 20 Respectfully submitted, 21 22 23 Rebecca Roehl 24 Timesaver Off Site Secretarial, Inc. 25 26 Mayor 27 ATTEST: 28 City Clerk 29 5 BRC FINANCIAt_. SYSTEM ST. ANTHONY VILLAGE 1.2t1-9'/-20fr2--- BANK VENDOR CHECK# DATE AMOUNT FIRS BRE:MER .BANK ,NA 008909 ARCH WIRELESS 19074 12/19/02 21 ,8A. 004271 AT&T BROADBAND 19075 1.2/ 1.9/02 4.66 ...008255 -----A.V .-._-` 29.. ._,....__.. 008404 BOSCOM--TURNER, INSTRUMENT 19071 12/19/02 420.50 008555 ,RIFF=$,'•-INC.;: 19078 12/19/02 151 . 13 ._:(?OUO 1-----=-�-RC-i�FJi'C�t•fsR��-:I�,-=_,. . ,_. _. ... - _-_�-9�7��°c�7`�`£�i'�c'.v------.__._____..__�e c3-'_...---..._.. 008652 CARTRIDGE CARE 19080 1.2/19/02 127.33 002380 CENTERPOINT ENERGY MINNE 19081 1.2/1.9/02 3,873 .47 c .008542. CITY:,OF .-MO:UNDS ::VIEW 19063 1.21 19/02 27;30 008577 CITY OF ST�.' `PAUL 19084 12/19/02 101 . 13 60.73B2 ..... CREJt4N•.-FE-ikFt-E--t 000800 DAVIE:S WATER EQUIP CO. 19086 12/19/02 216.26 000807 DIAMOND VOGF_L PAINTS 19087 1.2/1.9/02 124.-40 00£t820-... --D&PSE-v--- 9of3g i 2-r-t9/8c? 008666 EASYLINK' SERVICES CORPOR 1.9009 12/1.9/02 10.1 .50 .00002 EDAM 19090 12/19/02 160.00 0089&9.._.. ._ E} + f F3�tAf°dFiRrtS�-R�; .`�0 - 1-9�9-t -- 008362 EMBEDDED SYSTEMS, INC . 19092 12/19/02 276.00 008604 EMERGENCY APPARATUS 19093 1.2/ 19/02 250.00 - -0081-53-. 00822.1 : FO8TE:R,W-E-NTMLL'-HEDB!0C K, 19095'12/19/02 008647 FRATT 1LL E]I�tE ' "HAR£3WARE. 1903..9.6 ,12/19102 c'24.Ci0 _ -001025 .-. :_ G:-4=;=aE FV 001030 G & K SERVICES INC 19098 1.2/19/02 510.36 001 145 GLENWOOD INGLEWOOD 19099 3.2/ 19/02 72 .03 001250 .00003 HAMLINE .UNIVERSITY.. 19101, 12/19/02.. 384.00 .00005 HEATING & ':cbOLIN* TWO 19102 12/19/02 20a00 00006 x-9-1 ES-�i?i`-1 - .00004 HOLMER/PAUL 19104 12/19/02 92.05 008252 HOME DEPOT-•GECF 19105 1.2/19/02 32.54 005200 joHNs. AUTO PARTS 1.9107 12/19/02 .26.63 000742 KRGEPLINI/CGINNIE 191 08 12/19/02 7.30) .00007--- 1:919 --- 002040 L.ILL.IE SUBURBAN NEWSPAPE 19110 12/19/02 64.58 008229 LOFF=LER BUSINESS SYSTEMS 19111 1.2/19/02 25 5.94 002125 MAL:ENIC.F4?JOHN 19113 12/19/02 100 .00 008902 MARKE:RTEK VIDEO SUPPLY 19114 . 12/19/02 910.06 002-160 1"tARBk IAL1_ C-BPIC=R 1 E-P°SOB -- 1 .00010 MC CARTHY/MARY 19116 1.2/19/02 11 . 80 008263 MCLEOD USA , INC . 1.9117 12/ 19/02 538 .26 00783-5- 002240 METROPOLITAN COUNCIL 19119 1.2/19/02 48,626.00 002280 MIDWEST ASPHALT CORP 19120 12/19/02 1.57.69 6 BRC FINANCIAL..' SYSTEM ST. ANTHONY .VILLAGE 9.c.I 19/3dG32.: -9..0 0...�_.__--�:_ -cl . ___ -fit-�LrR=VOEs e {f"t'AGE- BANK VENDOR CHECK## DATE AMOUNT FIRS BREMER BAN}<'...INA 007-1-31 . 008269 MINNESOTA SHREDDING LLC 19122 1.2/1.9/02 54.95 .00009 MORRISON/DAVID & RHONDA 19123 J.2/1.9/02 28. 13 000045 OFFICE.:DEPO.T:,: 19125 i.2/19/0 '. 703'37 001230 ONE :CALL, C:.ONdt:P S,- INC . 19126 12/19/02 40.30 faAt t -.-- 008594 PETE:RBILT NORTH 19128 J.2/19/02 7.BA. 002860 PFEIFFER/RICHARD 19129 1.2/ 1.9/0.-'. 66.35 -009369.._._..._..P-eST-KAST=E: 004492 .CQWESI 19131 1.2."J.9/02 . 300.94 008372 OWE:ST INTEPRISE:- AMER ICA, 19132 12/19/02 49.95 003310 SEARS ROEBUCK & CO 19134 1.2/19/02 14.61. 003350 SEH-RCM 19135 12/ 19/02 79. 10 008214 SIyYFYE:R -D{� -- -------------- . 191 S6-f i .00013 SORENSON/SHAWN 19137 12/19102 4.59 008846 STANTON GROUP . 19138 1,2/.19/02 128.27 007-1-84---- -- 007207 STATE OF MINNESOTA 19140 1,2/19/02 40.00 003490 STRETCHER 'S 19141 12/ 1.9/02 '752.25 003260 T" A SCHIF',3E4Y'- & SONS : 19143 .12/ JA/02 : 353.95 008700 -F*C WEED TECH 191'44 1gl19/02 659..00. f}E389O8 ---- FPE -=i=fF}P'fFS;'31�FC-a--- _` .. J.2 J.9 tE z" .00015 THOMPSON/L-OWELL 19146 1.2/19/02 50.00 007337 TIMESAVER OFF SITE SECRE 19147 12/19/0£ 214.75 _N t)00 1s-4... - 007365 TOLAL. GAS,:<& ;:WEL.D;ING:ZUPPL, 191.,49 12./ 1.9/02 22.03 . 0089U7 TOUta'LEr t� 'C7EZI? 1 ch.5G1 .i.c?/1.9%4c 26.40 C�03 560 -`- -T RAL�f °n-I��'rT-I-►AEG-.w._-_ -------- 008859 U.S. BANK 19152 12/19/02 250.00 008336 UNITED ELECTRIC COMPANY 19153 3.2/ 19/02. 153.28 008561 -k1(�I-I-"FED--dwS°�TflLS- C�3}'4 PAI '�---- --T'� -'r cif 1-9£84- _--=- -3+2w85---- - _.... 008554 VANCE BRO.S,., - INC e, 19155 12/ 19/02 95.32 008227 VERIZON WIRELESS, BE^LLEV 19156 12/19/02 361 .26 008168 WALMAN OPTICAL COMPANY 19158 12/19/02 11 .76 004494 WASTE MANAGEMENT - BL.AIN 19159 12/ 19/02 268.49 L-fl fEfZ !>}G -SEf .00018 WILL.IAMS/-DRAIG 19161 .12/1.9/02 49.96 .00017 WOLKE:RSTORFER/MATTHEW 19162 1.2/19/02 19.38 -XCEL E h4c R-GY - =- -- _ 191-6-3 - 002680 XCEL ENERGY 19164 12/19/02 9,329.27 007325 YOCUM OIL_ COMPANY , INC . 19165 12/ 1.9/02 8, 157 .94 -BRE:MER BANK NA 202, 107.86 # BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 01/07/2003 10: Check Register GL540R-VO6.40 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 008242 AFFILIATED COMPUTER SERV 19180 01/15/03 9,676.43 008268 AMERICAN PAYMENT CENTERS 19181 01/15/03 75.00 .00003 ANCOM 19182 01/15/03 8,411.37 008450 ANIMAL CONTROL SERVICES, 19,183 01/15/03 252.68 008909 ARCH WIRELESS 19184 01/15/03 21.84 005175 ASSOC OF METRO MUNICIPAL 19185 01/15/03 2,853.00 008511 AT&T WIRELESS 19186 01/15/03 55.75 008940 ATLAS OUTFITTERS 19187 01/15/03 658.75 006939 BEARCOM 19188 01/15/03 1,405.00 000320 BEISSWENGER APPLIANCE 19189 01/15/03 18.29 005136 BRISKI/TIM 19190 01/15/03 500.00 007386 CASTLE INSPECTION SERVIC 19191 01/15/03 7,999.22 002380 CENTERPOINT ENERGY MINNE 19192 01/15/03 5,821.68 004065 CENTRAL LOCK & SAFE CO 19193 01/15/03 24.50 008234 CHRISTMAN,JACK 19194 01/15/03 500.00 008577 CITY OF ST. PAUL 19195 01/15/03 20.00 004107 COMPTON'S COMMERCIAL CLN 19196 01/15/03 4,169.48 008109 CORNER HOUSE 19197 01/15/03 830.18 000815 COTRONEO/DOMINIC 19198 01/15/03 550.00 000800 DAVIES WATER EQUIP CO. 19199 01/15/03 394.01 008151 DIEGNAU/DANIEL 19200 01/15/03 500.00 008338 DOKKEN/MARK 19201 01/15/03 500.00 000820 DORSEY & WHITNEY 19202 01/15/03 314.24 000860 ENGSTROM/RICHARD 19203 01/15/03 550.00 008153 FILTERFRSH 19204 01/15/03 51.98 008221 FOSTER,WENTZELL,HEDBACK, 19205 01/15/03 5,000.00 008647 FRATTALLONE'S HARDWARE 19206 01/15/03 40.39 001030 G & K SERVICES INC 19207 01/15/03 242.49 001145 GLENWOOD INGLEWOOD 19208 01/15/03 73.21 001200 GOPHER BEARING 19209 01/15/03 11.35 001250 GRAINGER INC/W W 19210 01/15/03 132.18 008709 HALL/SUSAN M.H. 19211 01/15/03 43.08 001420 HAWKINS WATER TREATMENT 19212 01/15/03 634.48 008625 HENN CNTY CHIEFS OF POLI 19213 01/15/03 100.00 008376 HENNEPIN CNTY SHERIFF'S 19214 01/15/03 8,279.47 005017 HENNEPIN COUNTY TREASURE 19215 01/15/03 2,565.50 008365 HENNEPIN COUNTY TREASURE 19216 01/15/03 355.13 007326 HENRY & ASSOCIATES 19217 01/15/03 1,214.47 008472 HESS/SHANE 19218 01/15/03 500.00 008252 HOME DEPOT-GECF 19219 01/15/03 36.34 008630 HUDDLE/MICHAEL 19220 01/15/03 500.00 008013 I C M A 19221 01/15/03 1,036.00 008891 INTER-TEL TECHNOLOGIES 19222 01/15/03 415.00 008826 INTERNATIONAL POLICE MOU 19223 01/15/03 80.00 008442 JOHNSON/DAN 19224 01/15/03 500.00 007352 KATH FUEL OIL SERVICE 19225 01/15/03 19.83 .00003 KOLSTAD COMPANY 19226 01/15/03 165.09 008160 LEBENS/MARK 19227 01/15/03 500.00 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 01/07/2003 10: Check Register GL540R-VO6.40 PAGE 2 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 002040 LILLIE SUBURBAN NEWSPAPE 19228 01/15/03 299.00 00001 M.A.U.M.A. 19229 01/15/03 30.00 008855 MACRO GROUP, INC. 19230 01/15/03 1;940.00 008226 MANGSETH/JON 19231 01/15/03 500.00 002160 MARSHALL CONCRETE PROD 19232 01/15/03 1,552.15 008721 MASYS CORPORATION 19233 01/15/03 6,070.50 008263 MCLEOD USA, INC. 19234 01/15/03 1,787.84 008279 METRO COUNCIL ENVIR SERV 19235 01/15/03 2,376.00 007835 METROCALL 19236 01/15/03 23.27 002240 METROPOLITAN COUNCIL 19237 01/15/03 44,100.33 002280 MIDWEST. ASPHALT CORP 19238 01/15/03 36.90 002060 MINNESOTA BOLT & NUT COM 19239 01/15/03 731.83 008424 MINNESOTA CHIEFS OF POLI 19240 01/15/03 225.00 007131 MINNESOTA DEPT OF HEALTH 19241 01/15/03 2,945.00 002355 MINNESOTA GFOA 19242 01/15/03 40.00 008856 MINNESOTA NAHRO 19243 01/15/03 20.00 008280 MINNESOTA STATE TREASURE 19244 01/15/03 755.09 008357 MN DEPT OF AGRICULTURE 19245 01/15/03 10.00 00001 MN DEPT OF HEALTH 19246 01/15/03 23,.00 008720 MOORE/DALE 19247 01/15/03 500.00 008409 MOSBY/MARK 19248 01/15/03 500.00 002475 MUNICI-PALS 19249 01/15/03 20.00 008820 NORTHERN TRAFFIC SUPPLY, 19250 01/15/03 47.93 008076 NORTHWEST YOUTH & FAM SE 19251 01/15/03 3,500.00 000045 OFFICE DEPOT 19252 01/15/03 382.25 005168 OHL/JOHN 19253 01/15/03 550.00 008528 PACE ANALYTICAL SERVICES 19254 01/15/03 285.00 008811 PARK CONSTRUCTION 19255 01/15/03 65,469.12 008631 PARTS 'PLUS ROSEVILLE 19256 01/15/03 42.94 008594 PETERBILT NORTH 19257 01/15/03 50.59 008805 PETTY CASH - BREMER BANK 19258 01/15/03 131.66 008274 PITNEY BOWES, INC. 19259 01/15/03 177.87 008768 POLICE 19260 01/15/03 25.00 007057 PRAXAIR 19261 01/15/03 22.14 008372 QWEST INTEPRISE AMERICA, 19262 01/15/03 49.95 008931 R.I. HAAGENSON, INC. 19263 01/15/03 3,726.00 007373 RAMSEY COUNTY 19264 01/15/03 25.00 008462 RAMSEY COUNTY 19265 01/15/03 124.44 008082 RED WING SERVICE CO 19266 01/15/03 293.94 003100 ROSEDALE CHEVROLET 19267 01/15/03 7.88 .00002 RUTTGER'S SUGAR LAKE LDG 19268 01/15/03 246.38 007155 SCHOLL/JEFFREY M 19269 01/15/03 550.00 00002 SCOTT INSTRUMENTS 19270 01/15/03 1,092.19 008344 SPIESS/JEFF 19271 01/15/03 500.00 008345 SROGA/JEREMY 19272 01/15/03 500.00 008719 STANLEY/HEIDI 19273 01/15/03 500.00 008620 SUNDE/TRESSA 19274 01/15/03 500.00 008700 TC WEB TECH 19275 01/15/03 1,155.00 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 01/07/2003 10: Check Register GL540R-V06.40 PAGE 3 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 008840 THOMAS WALKER CONSULTUNG 19276 01/15/03 1,597.50 008908 THOMPSON HOMES, INC. 19277 01/15/03 20,937.05 007337 TIMESAVER OFF SITE SECRE 19278 01/15/03 103.00 003560 TRACY PRINTING 19279 01/15/03 - 157.30 007196 TRANSPORTATION SUPPLIES 19280 01/15/03 169.02 007330 TRI STATE BOBCAT, INC. 19281 01/15/03 32.56 008695 TWIN CITIES TRANSPORT AN 19282 01/15/03 305.19 003630 TWIN CITY SAW & SERVICES 19283 01/15/03 31.94 008903 U.S. BANK 19284 01/15/03 558,476.88 008336 UNITED ELECTRIC COMPANY 19285 01/15/03 139.57 008561 UNITED RENTALS COMPANY 19286 01/15/03 124.61 008270 UNITED STATES POSTAL SER 19287 01/15/03 600.00 008264 URS BRW 19288 01/15/03 10,900.00 008227 VERIZON WIRELESS, BELLEV 19289 01/15/03 612.36 003700 VIKING INDUSTRIAL CENTER 19290 01/15/03 144.49 008887 WELLS FARGO BANK 19291 01/15/03 350.00 008273 WSB & ASSOCIATES, INC. 19292 01/15/03 18,726.35 007154 WYCHOR II/JAMES J 19293 01/15/03 500.00 000830 ZEE MEDICAL SERVICE 19294 01/15/03 50.82 BREMER BANK NA 826,997.24 *** ��� ���� BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 12/26/2002 11 : Check Register GL540R-V06.40 PAGE J. BANK VENDOR CHECK# DATE AMOUNT LIQR LIQUOR- CHECKING-ACCOUNT `.___ _ 009311 ALL SAINTS BRANDS DISTRI 21494 12/26/02 902 .32 004293 fE]=LJB1]Y' CORP. 21495 __---' -7,..1/62"37� .00001 BREMER BANK 21496 12/26/02 15 ,000 .00 008800 BREMER BANK NA 21497 12/26/02 8, OOO.00 0.04120 -_JEAGL--E-W 26/ 0U2_----_-- -4,9-90...09- - 004175 GRIGGS COOPER & CO INC 21499 12/26/02 23,897. 12 004220 JOHNSON BROTHERS LIQUOR 21500 12/26/02 36, 131 .79 004250 LUb0G - _'_ -- - _ -18D^��O _-�- 004354 PAUSTIS & SONS 21502 12/26/02 2,894.6O 004360 PHILLIPS WINE & SPIRITS 21503 12/26/02 16,707.43 004361 - PINNACLE DIST. __--21� 04_J.2,/26l02 '4,39/��8J._-- 008770 PORTER/WILLIAM 21505 12/26/02 67 .00 004376 PRIOR WINE CO 21506 12/26/02 5,548 .56 004385 - QUALITY- '--_-2�`�5�~'2�__ - _ 008716 SCENE/THE 21508 12/26/02 130 .00 OO8507 US FOODSERVICE 21.509 12/26/02 3,602.05 OO8316 �. _1 WINE_COMPANY/THE--__--_-_-_--_-__ ll}2_ ' --_' _''-6O5,41 008310 WINE MERCHANTS INC 21511 12/26/02 1 ,6O8 .50 004499 WORLD CLASS WINES, INC . 21512 12/26/02 209 .00 LIQUOR CHECKING ACCOUNT 158,093.31 *** — -------------- ---------``------------ -' --` ' --- ----`- '—'- ---- -------'--------------------------------'------' --- ' ' ---- - -'' ---- - - -- '--- ----- ---- --'------------------------------ '------- ---'- - -- BRC_--FINANCIAL SYSTEM -- ----_--:ST. ANTHOR -VILL.�I E .. 01/02/2003 -• .12 Checf Regis ter :GL540R--VO6.40 PAGE 1' _.t ? .K__.. .-.. C}iECK## DATE �— -- AMOUNT- - -- - LIOR LIQUOR CHECKING ACCOUNT 008800 ;L�REM R BANK NA Z2754 -42/31/0,2 - E ,000...00 _ -- - 008800 BREMER ` tANK AVA 8c`��. ;.1:c/31/02 15,000.00 0087.1 6 SCE E/ {-fE- :: 22756 12-/31/02- 130.C?_ .. __.. 004.250 L.UNDGREN/MATTHEW H. 22757 J.2/31/02 40.00 008636 HENNEPIN COUNTY ENVIRONM 22758 1.2/31/02 672.00 - 008800 - BREMER BANK NA 22759 12/31102 8,_U00.00 608$00 BR 4 R 1� C�1K -hfA 227 60 12/31402 1 f.C?r 15,,000',OC) . 004250 LUIS{1}GREN ATTHEW ;"Ff 761 `12/31f'02 ISO.00. 008716 SCEIaf~lTH 2762 n 008800 BREMER BANK NA 22763 12/31/02 8,000.00 008800 BREMER BANK NA 22764 12/31/02 15,000 .00 004250 LUNDGREN/MATTHEW H. 22765 1.2/31/02 90.00 008716 -,'SCENE/TkF 2 76Es ]c'!`311C}c :..'130-00 008116 5C-ENE-/THE 22767 :12/31/02 130;{)0 _ 004223 CARSON/!`�'1C}-fAEL -� •,' 227fx8 .12/31/02 126.58 004085 CITY OF ST ANTHONY 22769 12/31/02 87,950.00 004250 LUNDGREN/MATTHF_W H. 22770 12/31/0c 90.00 LIQUOR 158,718.,58: BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 01/07/2003 10: Check Register GL540R-V06.40 PAGE 1 01/07/2003 10: Check Register GL540R-V06.40 PAGE 2 BANK VENDOR CHECK# DATE AMOUNT BANK VENDOR CHECK# DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT LIQR LIQUOR CHECKING ACCOUNT 008216 A T & T WIRELESS SERVICE 21520 01/15/03 39.12 008219 QWEST DEX 21568 01/15/03 596.40 008925 ADVO, INC 21521 01/15/03 1,740.96 008597 R.D. HANSON ASSOC., INC. 21569 01/15/03 249.26 008311 ALL SAINTS BRANDS DISTRI 21522 01/15/03 178.45 008701 REGISTER TAPE NETWORK 21570 01/15/03 500.00 004225 ALLIANT FOODSERVICE 21523 01/15/03 127.80 004400 ST ANTHONY LIQUOR #1 21571 01/15/03- 228.81 004014 ALLIED PAPER CO. 21524 01/15/03 62.50 008846 STANTON GROUP 21572 01/15/03 56.43 004015 AMfiRIPRIDE LINEN 21525 01/15/03 493.94 008470 SUN NEWSPAPERS 21573 01/15/03 3,331.80 008794 ARCTIC GLACIER INC. 21526 01/15/03 522.80 008896 T WALKER CONSULTING 21574 01/15/03 450.00 004293 BELLBOY CORP. 21527 01/15/03 590.21 .00001 TIERNEY BROTHERS INC 21575 01/15/03 1,221.65 008827 BLACKEY'S BAKERY 21528 01/15/03 162.82 004468 TOTAL REGISTER SYSTEMS 21576 01/15/03 92.98 004080 CHISAGO LAKES DIST. CO., 21529 01/15/03 2,491.65 004475 TRITECH DISPENSING 21577 01/15/03 571.16 008814 CITY WIDE WINDOW SERVICE 21530 01/15/03 34.08 008875 TRIO SUPPLY COMPANY 21578 01/15/03 275.81 004095 COCA COLA BOTTLING 21531 01/15/03 1,484.40 004480 TWIN CITY FILTER SERVICE 21579 01/15/03 237.33 008557 DAILEY DATA 6 ASSOCIATES 21532 01/15/03 1,169.38 008507 US FOODSERVICE 21580 01/15/03 523.50 .00002 DAMSCHEN 21533 01/15/03 9,493.43 008888 VALPAK OF MINNEAPOLIS-ST 21581 01/15/03 1,625.00 000810 DICKSON ELECTRIC 21534 01/15'/03 210.00 003710 VAN O LITE INC 21582 01/15/03 54.95 008437 DIRECTV 21535 01/15/03 39.31 004494 WASTE MANAGEMENT - BLAIN 21583 01/15/03 346.39 004120 EAGLE WINE CO 21536 01/15/03 3,004.51 008316 WINE COMPANY/THE 21584 01/15/03 484.05 004125 EAST SIDE BEVERAGE CO 21537 01/15/03 36,307.50 008310 WINE MERCHANTS INC 21585 01/15/03 759.15 004130 ECOLAB 21538 01/15/03 149.05 003840 ZEP MFG COMPANY 21586 01/15/03 80.50 _004135 ELECTRO WATCHMAN INC 21539 01/15/03 629.18 008697 EXTREME BEVERAGE 21540 01/15/03 128.00 LIQUOR CHECKING ACCOUNT 176,443.56 **� 008647 FRATTALLONE'S HARDWARE 21541 01/15/03 3.18 001030 G & K SERVICES INC 21542 01/15/03 592.40 004172 GRAPE BEGINNINGS, INC. 21543 01/15/03 653.00 004175 GRIGGS COOPER & CO INC 21544 01/15/03 2,058.07 . 004201 HEGGIES PIZZA 21545 01/15/03 178.65 004207 HOHENSTEIN'S, INC 21546 01/15/03 4,748.90 008882 JANITORS CLEANING SERVIC 21547 01/15/03 3,339.84 004220 JOHNSON BROTHERS LIQUOR 21548 01/15/03 14,280.47 004230 KUETHER DISTRIBUTING CO 21549 01/15/03 41,580.25 002040 LILLIE SUBURBAN NEWSPAPE 21550 01/15/03 450.00 008229 LOFFLER BUSINESS SYSTEMS 21551 01/15/03 37.03 004265 MARK VII SALES INC 21552 01/15/03 19,521.98 008263 MCLEOD USA, INC. 21553 01/15/03 666.94 005010 MINN CONWAY FIRE & SAFET 21554 01/15/03 128.87 008881 MINNESOTA WINEGROWERS 21555 01/15/03 332.00 004299 MPLS. OXYGEN CO. 21556 01/15/03 48.64 005232 MURPHY'S SERVICE CENTER 21557 01/15/03 19.00 008883 NEW FRANCE WINE COMPANY 21558 01/15/03 421.00 004334 NORTHEASTER 21559 01/15/03 556.45 000045 OFFICE DEPOT 21560 01/15/03 117.73 004345 OLD DUTCH FOODS INC 21561 01/15/03 43.92 004354 PAUSTIS 6 SONS 21562 01/15/03 1,285.00 004355 PEPSI. COLA COMPANY 21563 01/15/03 231.85 004360 PHILLIPS WINE & SPIRITS 21564 01/15/03 4,501.35 004361 PINNACLE DIST. 21565 01/15/03 2,558.51 004376 PRIOR WINE CO 21566 01/15/03 717.46 004385 QUALITY WINE CO 21567 01/15/03 6,626.81 SRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 01/07/2003 11: Check Register GL540R-V06.40 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004030 ASCAP 21587 01/15/03 310.00 008692 AT&T BROADBAND 21588 01/15/03 151.52 008437 DIRECTV 21589 01/15/03 41.27 004339 NTN COMMUNICATIONS INC 21590 01/15/03 484.90 008770 PORTER/WILLIAM 21591 01/15/03 67.00 008888 VALPAK OF MINNEAPOLIS-ST 21592 01/15/03 1,625.00 LIQUOR CHECKING ACCOUNT 2,679.69 '** 14 Hennepin County Memo To: Connie Kroeplin, St. Anthony City Clerk From: Thomas May, Hennepin County Assessor Date: December 10, 2002 Re: 2003 Local Board of Appeal and Equalization Dates Tuesday April 8, 2003 Day of the Week Date Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Appeal and Equalization Meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council. As there must be a quorum, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. I have attached a summary of the duties and responsibilities of the Local Board of Appeal and Equalization. If your board has additional questions or need more information,please contact your local assessor. Please confirm the date set out or call Bill Effertz at(612) 348-3388 with your alternative date by January 10, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 or 7:30 p.m., but will discuss alternatives with you if you wish a different time. Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required by law. Please return to JoDee Schinkel, A-2103 Government Center,Minneapolis, MN 55487 ------------------------------------------------------------------------------------------------------------------- CONFIRMATION Municipality: Date:. Time: Place: For selecting meeting dates in future years, the following information will be helpful 15 LOCAL BOARD OF APPEAL AND EQUALIZATION SUMMARY OF DUTIES AND RESPONSIBILITIES Most of the responsibilities listed under the Local Board of Appeal and Equalization are statutory,primarily found in Minnesota Statutes 274.01. •. .The first responsibility is attendance. The Local Board of Appeal and Equalization is . an official public meeting similar to a City Council meeting and can not convene without a quorum. In addition to the local assessor, the county assessor, or one of his/her assistants is required to attend. • The valuation notices shall be in writing and be sent by ordinary mail at least ten calendar days before the meeting of the board. The valuation notice will include the dates,places and times set for the meetings of the Local Board of Appeal and .Equalization as well as the Hennepin County Board of Appeal and Equalization. • The meetings must be held between April 1 and May 31 each year. The County Assessor shall fix a day and time when the Local Board of Appeal and Equalization shall meet. The board must complete its work and adjourn within-20 days from.the... time of convening stated in the notice of the clerk. Calendar days, original night is day one. • The clerk shall give published and posted notice of the meeting at least ten days . . before the date of the meeting. • Local Boards of Appeal and Equalization must see that.all taxable property.is . . properly assessed, valued, and classified for all current assessments. The board may consider both real and personal property. • If any property has been omitted, the board must correct the assessment by adding it to the list of assessments along with its market value. • The board may not increase or decrease by percentage all assessments in a district of a given class of property.' Changes in the aggregate assessments by classes are made by the county board of equalization. • Although the Local Board of Appeal and Equalization has the authority to increase or decrease individual assessments, the total of such adjustments must not reduce the aggregate assessment by more than one percent. If the total reductions would lower the aggregate assessments by more that one percent, none of the adjustments may be made.. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation. • The local board does not have the authority to reopen former assessments on which taxes are due and payable. The board only considers assessments in the current year. F E a}b 16 • The board may find instances of undervalued properties. The board must notify the owner of the property that the value is going to be raised. The property owner may then appear before the board if they so wish. • It is the primary duty of each local board to examine the assessment record to see-that all taxable property in the assessment district has been properly placed upon the list and valued by the assessor. The local boards do not have the authority to address. exemption issues. Only the county assessor has the authority to exempt property. • A taxpayer may appear in person,by council, or written communication to present his or her objection to the board. The focus of the appeal should be centered on the factors influencing the estimated market value or classification placed on the property by the assessor. • All changes will be entered into the assessment books by the county-assessor's office. • Before adjourning, the local board should prepare an official-list of the changes. The law requires that the changes be listed on a separate form. All assessments that have been increased or decreased should be shown as prescribed on the form along with their market values. The record must be signed'and dated by the members of the Local Board of Appeal and Equalization. • The Hennepin County Board of Appeal and Equalization begins meeting on: June 16, 2003 • All appointments must be scheduled no later that June 9, 2003 by calling: (612) 348-7050 17 CITY OF ST. ANTHONY RESOLUTION 03-001 A RESOLUTION DESIGNATING ACTING MAYOR FOR THE CALENDAR YEAR 2003 BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates Councilmember Jerry Faust as Acting Mayor for the year 2003. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 18 CITY OF ST. ANTHONY RESOLUTION 03-002 A RESOLUTION SPECIFYING PERSONS AUTHORIZED TO MAKE CERTAIN TRANSACTIONS REGARDING CITY FINANCIAL ACCOUNTS BE IT RESOLVED that the City Council of the City of St. Anthony hereby specifies the Mayor (Randy Hodson), City Manager(Michael J. Mornson), and Finance Director(Roger A. Larson, Sr.) to make approved transfers and deposits and approved transactions of City funds in the various City accounts and that their names are to appear on signature cards at various financial institutions approved by the City. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 19 CITY OF ST. ANTHONY RESOLUTION 03-003 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR CITY FUNDS BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates the Bremer Bank of St. Anthony as a depository for the funds of the City and that said bank shall also be the bank for this City with respect to any/all other banking services required or used by this City. BE IT FURTHER RESOLVED, that this notice shall continue in force until December 31, 2003, or until written notice of its recision or modification has been received by said bank. BE IT FURTHER RESOLVED, that said bank deposit such securities in the amount and in the manner required by law. BE IT FURTHER RESOLVED, that the Finance Director be authorized to accept such securities as collateral as required by law, and that said collateral be held at the Bremer Bank of St. Anthony for safekeeping. BE IT FURTHER RESOLVED, that the City Clerk shall transmit to the Bremer Bank of St. Anthony a copy of this resolution. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 2® CITY OF ST. ANTHONY RESOLUTION 03-004 A RESOLUTION DESIGNATING LEGAL NEWSPAPER FOR THE CALENDAR YEAR 2003 BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates a legal newspaper of general circulation in the City, as the official newspaper of the City for 2003 in which shall be published such measures and matters as are by-laws of this State and City Code required to be published; and such other matters as the Council may deem advisable and in the public interest to have published. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager Lillie Suburban Newspapers, Inc. 121 2515 E. Seventh Avenue North St. Paul, MN 55109 (651) 777-8800 Connie Kroeplin December 20, 2002 City Clerk St. Anthony City Offices 3301 Silver Lake Road St. Anthony, MN 55418 Dear Ms Kroeplin: Thank you for the opportunity to bid on public notice publication services for the City of St. Anthony. The Bulletin has been serving the needs of the St. Anthony area for 27 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly .newspaper company in the St. Paul area. It was founded in.1938 by the late.T. R. Liliie. His son, N. 'Theodore Lillie, and grandson, Jeffery Enright, are continuing the family tradition of publishing.award-winning aul suburbs. community newspapers in the St. It is our sincere desire to provide the best possible local news coverage in the St. Anthony area. Our experienced news staff provides readers with a well-balanced, lively and informative product each .week. We realize that St. Anthony area residents look to the 'St. Anthony Bulletin as one of their primary sources of information about city.activities and meetings, and we will continue to publish the city's press releases and photos. Lillie Suburban Newspapers has the official designation of the neighboring communities of Arden Hills and New Brighton, along with Mounds View School District 621. Noon Friday is the deadline each week for submitting public notices to our_office. Late public notices are accepted up to 10 a.m. Monday for the Wednesday newspaper. Public notices should be directed to Denny Lynard,.St. Anthony Bulletin, P.O. Box 120608, New Brighton, MN 55112. Our fax number is 651/633-3846. Notices may also be sent via e-mail to lillienews @aol.com Legal publication rates for minutes, advertisements for bids and other notices are as follows: $4.92 per column inch for a one-time publication $3.95 per column inch for each additional publication Thank you for considering the St. Anthony Bulletin as the official legal newspaper for the City of. St. Anthony for 2003. If you have any further questions, don't hesitate to call us. S?ffery J right Co-Publisher Li1tiE Ramsey County Review❖ Maplewood Review❖ Oakdale-Lake Elmo Review❖ NEWS New Brighton Bulletin ❖ Shoreview Bulletin ❖ St. Anthony Bulletin •;• Review Perspectives Roseville-Little Canada Review ❖Woodbury-South Maplewood ood Review 46 East Sid Review P East Side Review R+-cSl4.. 22 December 6, 2002 newspapers City of St. Anthony Village Mike Morrison, City Manager 3301 Silver Lake Rd St. Anthony, MN 55418 Dear Mr. Mornson: The Sun-Focus would like to be considered for designation as the legal newspaper for the City of St. Anthony Village. Sun-Newspapers bought-the Focus Newpapers last January and we are still imple- menting many exciting changes. We are CAC Audited and the Mounds View/New Brighton/St. Anthony Village Sun-Focus has a circulation of 2,500-readers. The rates are as follows: 1 column width: $ .45 per line - per insertion ($4.95 per col. inch) All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broad- en the readership of your legal notices. Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 11:00 am the Monday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the legal department is legals @ mnsunpub.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Jana McCormick, our Legal Representative, at,952-392-6829. Thank you for considering the Sun-Focus, as the official newspaper for your community. Sincerely, effrey Coolman Vice President Qf Sales and'Generai'Manage-r'=­ " 10917 VALLEY VIEw Roan 0 EDEN PR AEKE 0 Mmwso'u 55344 0 952-829-0797 0 FAx: 952-941-3588 23 CITY OF ST. ANTHONY RESOLUTION 03-005 A RESOLUTION DESIGNATING MAYOR RANDY HODSON AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Mayor Randy Hodson as a participant in the following outside organizations: Chamber of Commerce Alternate to Northwest Suburban Cable Commission Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 24 CITY OF ST. ANTHONY RESOLUTION 03-006 A RESOLUTION DESIGNATING COUNCILMEMBER BRIAN.THUESEN AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Councilmember Brian Thuesen as a participant in the following outside organizations: Northwest Youth &Family Services Friends of the Library St. Anthony Orchestra Planning Commission Liaison Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 25 CITY OF ST. ANTHONY RESOLUTION 03-007 A RESOLUTION DESIGNATING COUNCILMEMBER RICHARD HORST AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED,by the City Council of the City of St. Anthony hereby designates Councilmember Richard Horst as a participant in the following outside organizations: Community Services Advisory Council Alternate to Middle Mississippi Watershed District VillageFest Association of Metropolitan Municipalities Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 26 CITY OF ST. ANTHONY RESOLUTION 03-008 A RESOLUTION DESIGNATING COUNCILMEMBER AMY SPARKS AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED,by the City Council of the City of St. Anthony hereby designates Councilmember Amy Sparks as a participant in the following outside organizations: ACTION Middle Mississippi Watershed District Family Services Collaborative Kiwanis Parks Commission Council Liaison Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 27 CITY OF ST. ANTHONY RESOLUTION 03-009 A RESOLUTION DESIGNATING COUNCILMEMBER JERRY FAUST AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Councilmember Jerry Faust as a participant in the following outside organizations: League of Minnesota Cities Sister City Chamber of Commerce Northeast Diagonal.Use/Transit Policy Advisory Committee Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 28 CITY OF ST. ANTHONY RESOLUTION 03-010 A RESOLUTION ADOPTING THE STANDING RULES OF CONDUCT FOR CITY COUNCIL MEETINGS FOR THE YEAR 2003 BE IT RESOLVED, that the City Council of the City of St. Anthony hereby adopts the City Council Standing Rules 2003 for conducting City Council meetings during the year 2003 which said rules are attached herewith. Adopted this day of , 2003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 29 CITY OF ST. ANTHONY 2002 STANDING RULES FOR CONDUCT OF CITY COUNCIL MEETINGS INTRODUCTION In the belief that the best decisions are made by the best informed decision makers and that the public decision process is best served when the public has every opportunity to present views, the following rules are established to govern regular and special Council meetings as well as formal public hearings. There are several goals behind these rules. In general, free and open discussion by all interested parties should be an essential part of the decision-making process. The Council process should have as little procedural overhead as possible. Time is better spent on substantial matters rather than performa matters. MEMBERSHIP The formal Council membership consists of the four Councilmembers and the Mayor. All five have one vote each and all five can introduce motions. For purposes of leading the meeting, the Mayor, or in the absence of the Mayor, the Mayor Pro Tem, will be considered the Chairperson. A quorum of the Council is three members. A quorum is required to do official business. Meetings of the Council shall be held at City Hall on the second and fourth Tuesday of each month at 7:00 pm.. Council work sessions will be called from time to time, as the Mayor and Council deem necessary. Work sessions will typically be held on the first Tuesday of the month and will begin at 7:00 pm. RULES Order of Business The following shall be the order of business of the Council: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MEETING AGENDA PROCLAMATIONS AND RECOGNITIONS 30 COMMUNITY FORUM - Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the secretary's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. CONSENT AGENDA - These items are considered routine and will a enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. PUBLIC HEARINGS COMMISSIONS AND STAFF REPORTS GENERAL POLICY BUSINESS OF THE COUNCIL REPORTS FROM COUNCILMEMBERS AND CITY MANAGER INFORMATION AND ANNOUNCEMENTS ADJOURNMENT Agenda To be considered, an item must be on the agenda and the agenda must be distributed to all the Councilmembers and any other persons having responsibility for an item at least three working days prior to the meeting. An agenda can be modified with addenda by a majority vote but this should be used only for minor items or items with extreme time constraints. An item can be moved from the consent agenda to the action agenda at the request of any Councilmember. Since there will be audience and cable TV viewers not familiar with each item, the chair will give a brief explanation of each item as it is addressed. The order of items on the agenda need not be followed absolutely. The Mayor may adjust the order in the interest of: • Filling in time before a scheduled item, i.e., a public hearing. • Grouping several items to best make use of consultant time. • Accommodating individuals who have attended the meeting specifically to provide input on an item. -2- 31 Process - Regular and Special Council Meetings For these proceedings the Council will use the "open discussion" procedure. That is, discussion is open to any member before or after a motion is made. This privilege is also extended to the City Manager, and any of the consultants who may have an interest in or can contribute to the item at hand. The Mayor can make liberal use of the "unanimous consent" procedure. That is, items that iri the judgement of the Mayor are likely to be unanimously approved can be introduced for approval with the statement: "If there are no objections..........stands approved (or denied)." If any Council member has an objection, the item reverts to the standard motion procedure. This "unanimous consent" procedure cannot be used for items requiring formal votes, i.e., resolutions or for approval of the consent agenda. The standard motion procedure is that each motion requires a second. This also applies to amendments. Any motion, by any member, shall be reduced to writing upon request of any member. No motion shall be put to a vote until it has been stated by the recorder at the request of any member of the Council. To eliminate confusion, only one amendment will be considered at a time and that amendment must be germane to the motion. An amendment cannot itself be amended. If a change to an amendment is deemed appropriate, the amendment should be withdrawn and reintroduced accordingly. The general mode of voting will be by acclamation but with enough clarity that the individual votes can be recorded in the minutes. If in doubt, the clerk can request clarification. Each individual's vote will be entered in the minutes. Any member may abstain from voting or disqualify himself/herself. The reason for disqualification or abstention must be stated by the member and entered into the minutes. If a member disqualifies himself/herself, he/she may leave the room while the issue is being considered. Roberts Rules of Order (Revised) shall govern the Council procedures not covered by the Standing Rules of the Council. The meeting will be video taped and the tape will be retained for 3 months following approval of the minutes of the meeting. The standard retention can be extended'if in the judgement of the Mayor, City Manager, City Clerk or any Councilmember, such action is warranted. If the Council action is the result of a resident request and that request is denied in whole or in part, reasons of the fact supporting the denial will be made part of the public record. -3- 32 Process - Public Hearings Since a public hearing is a more formal procedure and often requires certain procedures and actions to be legal, the meeting rules are changed accordingly. The primary aim of a public hearing is to take input from the public..To accomplish this in the most effective manrier, the Mayor will introduce the hearing with an explanation of the issues. The Mayor will give this explanation or a person designated by the Mayor. The use of explanatory visual aids is encouraged. Following the explanation, input from the public will be taken. Prior to accepting input, though, the Mayor will state the areas where input will be appropriate, the maximum time to be allotted to any individual presenter and any other procedural rules deemed appropriate to guarantee that all concerned parties have a fair and adequate opportunity to be heard. All individuals wishing to speak must fill out and submit identification form and speak into a recording microphone. Individuals not wishing to speak in public may provide a written statement. The Council may take up to 15 minutes to review written statements presented at the meeting. If the Council decides not to act on the issue at the public hearing meeting, it may by majority vote extend the time where written input will be taken to a. day not later than 1 week before the next meeting where a deciding vote is planned. All speakers are expected to be business-like, to-the-point and courteous. Anyone not abiding by these rules will be considered to be out of order. The Council will refrain from initiating a discussion during the pubic input phase of the hearing except to clarify points brought up. Once the public testimony phase is complete, the Mayor will announce the public hearing to be closed and the Council will revert back to its open discussion mode of operation. From this point on, public input will only be appropriate when solicited by the Council. It shall be the intent of the Council to vote on the issue at the same meeting as the public hearing and as close in time to the public hearing as possible. Should it be necessary to defer voting until a later date, the procedure will be clearly explained to the audience. If the motion contains conditions, as may occur in conditional use or variance requests, those conditions will be conveyed in writing to the requestor. If the public hearing is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. If the public hearing is to set an assessment rate, the assessment formula(s) under discussion cannot be altered. This implies that the Council has fully discussed any formulas prior to the hearing and that the appropriate legal, fiscal and engineering consultants have passed on formula(s) viability, legality, and feasibility. -4- 33 If the hearing is to set an assessment, it cannot be scheduled later than the first meeting in . September. This is to allow time to correct errors prior to the time needed to certify the rolls to the county. MAYOR PRO TEM The Mayor Pro Tem shall be appointed in January of each year. The first Mayor Pro Tem after adoption of this rule shall be the Councilmember with the most continuous time on the Council. The position shall then be rotated among Councilmembers based on time of continuous service. If two or more members have identical seniority, the appointment shall be based on alphabetical order by last name. A Councilmember may not serve as Mayor Pro Tem twice until all other Councilmembers have been Mayor Pro Tem. A Councilmember may decline the appointment for good cause and maintain his/her place in the rotation for appointment the following year. ADOPTION/MODIFICATION/SUSPENSION These rules can be adopted, modified or suspended in whole or in part by a majority vote of the Council. If suspended, they are automatically reinstated at the next meeting. ANNUAL REVIEW These rules will be reviewed annually at the first meeting in January. INTERPRETATION The Mayor will interpret the rules. However, the Mayor's interpretation can be appealed by any Councilmember and can be overruled by a majority vote. -5- 34 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03-011 A RESOLUTION APPROVING AND ADOPTING CHANGE TO THE CITY OF ST. ANTHONY FLEXIBLE BENEFIT PLAN WHEREAS, the City of St. Anthony previously adopted the City of St. Anthony Flexible Benefit Plan("Plan") on January 1, 1991; and WHEREAS, the City of St. Anthony desires to amend and restate the Plan in the following manner: Effective January 1, 2003: • The Plan will operate using the Final FMLA Regulations issued October 17, 2001, and updated Claims Appeal Process issued July 1, 2002. NOW, THEREFORE, BE IT RESOLVED,that the City of St. Anthony Flexible Benefit Plan be and the same is amended and restated. BE IT FURTHER RESOLVED, that any proper members of the City Council are hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said Plan at any time. BE IT FURTHER RESOLVELD, that in the event any conflict arises between the provisions of said Plan and the Employee Retirement Income Security Act of 1974(ERISA) or any other applicable law or regulation(as such law or regulation may be interpreted or amended), the City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted this day of 52003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 35 STANTON GROUP December 30, 2002 Mr.Roger Larson City of St Anthony 3301 Silver Lake Road St Anthony,MN 55418 Re: Summary of Material Modification for City of St Anthony Flexible Benefit Plan Dear Roger: In response to your request,please find the following: • A Summary of Material Modification(SMM) for City of St Anthony. Each participant/eligible employee should receive a copy of the SMM within 210 days of the effective date and it should become a part of your current Summary Plan Description/ Communication Booklet. • Resolution of the Board of City Commissioners. The Board of City Commissioners should formally approve/adopt the change to the Plan. Please forward a copy of the executed Resolution of the Board of City Commissioners to me for your file here at Stanton Group. The Resolution should be signed prior to the effective date of the changes. Should you have any questions or require further information,please call me at(763)278- 4278 or Shannel Dehkes,your FSA Coordinator at(763)278-4266. We thank you for your continued business with Stanton Group. Sincerely, 1 " Michelle L. Conger Benefit Administration Implementation Specialist Enclosures 3405 Annapolis Lane North Minneapolis, MN 55447 o www.stanton-group.com 763-278-4000 fax 783 278-4007 36 December 29,2002 TO: Eligible Employees and Participants of the City of St Anthony Flexible Benefit Plan RE: Summary of Material Modification for the City of St Anthony Flexible Benefit Plan Effective January 1, 2003,the City of St Anthony Flexible Benefit Plan shall be administered using the Final FMLA Regulations issued October 17, 2001; and the updated Claims Appeal Process issued July 1,2002. The sections of your Summary Plan Description that will be affected are: 1. Leaves Of Absences, And Family Or Medical Leaves 2. Claims For Benefits ■ Final FMLA Regulations WHAT HAPPENS IF I TAKE A LEAVE OF ABSENCE OR FAMII,Y OR MEDICAL LEAVE? If you take a leave of absence that is not a family or medical leave under the Family and Medical Leave Act of 1993, the way in which you may participate in the Plan will depend on whether or not you continue to receive compensation from the Employer. If during a leave you continue to be paid by the Employer,your benefit election will remain in effect and the Employer will continue to withhold Pre-tax Contributions. If you are not being paid by the Employer, your participation in the Plan will be treated in the same way as if you had terminated employment. Thus, you cannot make contributions to your Dependent Care Reimbursement Account,but you can continue to submit claims through the end of the Plan Year or, if earlier, until your account is depleted. Also, you may continue to pay for your health coverage, dental coverage, life coverage and any health care expense reimbursement benefits on an after-tax basis. In doing so, your prior benefit election will be reinstated when you return to work (see Continuation of Coverage section). If you take a leave of absence that is a family or medical leave under the Family and Medical Leave Act of 1993, you should contact the Assistant City Manager in order to discuss your continued participation in the Plan during the leave. In general, if you take an unpaid family or medical leave, you may continue to participate in the Plan provided you continue to pay for your benefits. You can elect to pay for your benefits in one of the following three ways: 1. You can pay for your benefits on a pre-tax basis by allowing us to deduct your required contributions from your paychecks before the leave. (Due to certain tax law restrictions, you can only prepay on a pre-tax basis through the end of a Plan Year.) 37 2. You can pay for your benefits for the duration of the leave on an after-tax basis by a single lump-sum payment at the beginning of the leave. 3. You can pay for your benefits on an after-tax basis during the leave by sending your payment to City of St Anthony on or before the first of each month. If you receive taxable pay from the Employer during your leave, you can pay for.your benefits on a pre-tax basis through Pre-tax Contributions from that pay. If you fail to make arrangements to pay for your benefits during a family or medical leave, the Employer reserves the right to recover the cost of such coverage from you at the end of the family or medical leave to the fullest extent authorized by the Family and Medical Leave Act of 1993. If you are on a family or medical leave under the Family and Medical Leave Act of 1993 at any point during a Plan Year, you will be entitled to revoke your election with respect to health coverage, dental coverage, life coverage and any health care expense reimbursement benefits under the Plan. Following your return from the family or medical leave you will be entitled to reinstate those coverages for the remainder of the Plan Year, on the terms that applied prior to family or medical leave. However, if you reinstate health care reimbursement coverage following a family or medical leave, (a) your Period of Coverage for the Plan Year will exclude periods for which your coverage had lapsed because of the revocation or termination, (b) no expenses incurred during the excluded period will be eligible for reimbursement under the Plan, (c) your level of coverage for the Plan Year of the reinstatement will equal your coverage level in effect at the time of your revocation or termination, reduced on a pro rata basis to reflect excluded periods for which your coverage had lapsed, (d) all previously paid benefits will be charged against your revised coverage level, and (e) your revised coverage level can be (i) your coverage level in effect for the Plan Year of the Reinstatement reduced on a pro rata basis or(ii) your original coverage level for the period of coverage with higher post- leave salary reductions to make up the difference,if you so elect. For example, assume that Louise elected $1,200 of health care reimbursement coverage for the Plan Year and was paying for this benefit on a pre-tax basis at a rate of$50 each semi-monthly pay period. On November 1 she began a family/medical leave that ,extended through December. Through October 31 she had incurred$400 of reimbursable health care expenses. She revoked her election on November 1 and reinstated the coverage on January 1. Because Louise revoked her election rather than continuing it and paying for the coverage using one of the methods described above, any health care expenses she incurred from November 1 through December 31 will not be eligible for reimbursement_ Upon reinstatement, her Period of Coverage for the Plan Year will be August 1 'through October 31and January 1 through July 31 of that Plan Year, unless there is an earlier termination under the rules that apply to all participants. Because of this two-month lapse period, upon reinstatement Louise's election for the Plan Year.will be adjusted from $1,200 to $1,000 (10/12). Because she has already received $400 of benefits, Louise will be eligible for up to $600 of additional reimbursement for the Plan Year. If Louise elects the higher level ($1,200), her post leave salary reductions will be $128.57 and her additional available reimbursement amount for the Plan Year will be $800. 38 Any revocation, request for reinstatement and post-leave coverage choice must be made using Employer forms. In the case of a revocation, the form must be submitted no later than 30 days after the commencement of the family and medical leave. In the case of a request for reinstatement, the form must be submitted no later than 30 days after return from the family or medical leave. If you take a military leave of absence you may have a right to have your coverage under the medical expense reimbursement portion of this Plan continued. Upon your return from a military leave of absence you may have a right to reinstate your coverage without any waiting periods. Please contact the Assistant City Manager at 612-789-8881 as soon as you know you will be taking a family or medical leave or a military leave of absence. ■ Updated Claims Appeal Process: CLAIMS FOR BENEFITS Claims under the health insurance, dental insurance or life insurance are described in the Certificates of Coverage for those benefits. Unless otherwise proved in this document,the Certificates of Coverage or other documents governing a particular benefit plan,the following procedure will apply to claims for benefits under the Plan. You or your beneficiary may file a written claim with the Employer requesting a benefit under the Plan or objecting to the determination of your benefit. You must file a claim on the form or forms available for that purpose in order for a claim to be valid. Forms are available from the sources referenced in this booklet,or you may obtain the form you need from the Plan Administrator. The Plan Administrator will notify you in writing within 30 days after your written application for benefits of your eligibility or non-eligibility for benefits under the Plan. If the Plan Administrator needs additional time to evaluate your claim,it will notify you within the first 30 days how much additional time is needed,but not more than another 15 days. If the Plan Administrator requests additional information,you will have 45 days to provide that information. The review period will be suspended until the specified information is received. If the Plan Administrator determines that you are not eligible for benefits or full benefits,the notice will tell you: (1) the specific reasons for the denial, (2) the specific provision of the Plan on which denial is based, (3) a description of any additional information or material necessary for you to perfect your claim(and an explanation of why such information or material is necessary), and (4) an explanation of the Plan's claim review procedure, including the time limits applicable to the review procedure. 39 If the Plan Administrator determines that you are not eligible for benefits, or if you believe that you are entitled to greater or different benefits, you will have the opportunity to have your claim reviewed by the City Manager by filing a petition for review with the City Manager within 180 days after you receive the notice issued by the Plan Administrator. Your petition should state the specific reasons why you believe you are entitled.to benefits, or greater or different benefits. You have the right to obtain from the Employer, on request . and free of charge,reasonable access to and copies of all documents,records and other information relevant to your claim for benefits. You should make sure that your request for review includes all the information relevant to your claim. Within 60 days after the City Manager receives the petition,City Manager will give you a written decision of its review. The City Manager may hold a hearing for the review of your claim if you request and it decides such a hearing is necessary. The City Manager's written decision will state: (1) the specific reason or reasons for the adverse determination, (2) the specific Plan provisions and/or rule on which the benefit determination is based, (3) that you are entitled to receive,.on request and free of charge, reasonable access to, and copies of,all documents,records,and other information relevant to your claim for benefits, and You may choose to have a representative represent you in the claims procedure. If you do,the Employer may require proof that the individual is authorized to act on your behalf. Note that you must follow this claims procedure if you have a claim, and the failure to do so will prevent you from challenging an adverse decision in court. Please file this notice with your copy of the Summary Plan Description. 40 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 December 17, 2002 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 Chair Melsha called the meeting to order at 7:00 p.m. 11 12 II. PLEDGE OF ALLEGIANCE. 13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance. 14 15 III. ROLL CALL. 16 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson,Hoska, 17 Steeves,Thomas, and Tillman. 18 Absent: None. 19 Also present: Assistant City Manager Susan Hall. 20 21 IV. PUBLIC INPUT. 22 Ms. Pettit presented the Commission with a handout and explained that first year teacher in St. 23 Anthony make roughly$30,000 a year,that a starting custodian earns $26, 478 a year and that 24 starting police officers make $38,572 a year. She indicated the median price for a home in St. 25 Anthony was $189,000 and that these salaries would not cover a mortgage of this size. 26 27 V. APPROVAL OF AGENDA. 28 Chair Melsha asked that Item 9.3 be moved to the January meeting. 29 30 Motion by Commissioner Hoska, second by Commissioner Stille, to approve the meeting agenda 31 with the change above. 32 33 Motion carried unanimously. 34 35 VI. MEETING MINUTES. 36 6.1 Review and Approve Planning_Commission Minutes of October 15, 2002. 37 Motion by Commissioner Hoska, second by Commissioner Thomas, to approve the 38 Planning Commission meeting minutes of October 15, 2002. 39 40 Motion carried unanimously. 41 42 VII. COMMUNICATION WITH CITY COUNCIL. 43 7.1 Designate a Planning Commission Member to the City Council regular meeting of 44 January 14, 2002. 45 Chair Melsha indicated that Commissioner Tillman was available to attend the next City 46 Council meeting on January 14, 2002. 47 41 Planning Commission Meeting Minutes December 17, 2002 Page 2 1 VIII. PUBLIC HEARINGS. 2 8.1 Bill Bauske, 2611 30th Avenue Northeast, variance request of 11 feet for a proposed 3 distance of 4 feet from the property line for a non-window mounted AC unit. 4 5 Chair Melsha opened the public hearing at 7:05 p.m. 6 7 Ms.Hall stated that Bill Bauske,261130'Avenue Northeast,is requesting a variance of 11 8 feet from the side yard property line for a non-window mounted air conditioning unit. City 9 ordinance states that non-window mounted air conditioning units must be at least 15 feet 10 from any property line. She indicated Mr.Bauske's application shows there is only four feet 11 available between the house and the property line.The applicant proposes the location of the 12 air conditioning unit to be installed outside the basement window, per attached drawings. 13 One item to note is once the base is placed on the ground, the air conditioning unit may be 14 even closer than four feet to the property line. 15 16 Ms.Hall advised that Mr.Bauske states in his petition for variance the undue hardship is due 17 to the placement of the house so close to the property line, and that he would be unable to 18 have central air in his home. The extraordinary circumstances that exist include the 19 placement of his house four feet from the property line.The purpose of adding central air is 20 for comfort in the summer months,as two windows units do not cool portions of the house, 21 according to the applicant. The building of the home in the 1920's and/or the drawing of 22 property lines created the alleged difficulty or hardship. 23 24 Ms. Hall explained that the applicant has also looked at putting the air conditioning unit in 25 the northeast corner of his lot,which is nine feet from the property line. Considering the air 26 conditioning unit must be one foot from the structure(according to the contractor) and the 27 proposed air conditioning unit to be installed will rest on a two foot by 3-foot base, the 28 applicant said he would still be in violation of the ordinance and in need of a variance. The 29 applicant also notes there are hardships/costs associated for him with placing the air 30 conditioning unit in the northeast corner of the lot. 31 32 Ms.Hall advised that Mr.Bauske has been in communication with the adjacent neighbor at 33 2613 300'Avenue; they are in support of his application. 34 35 Bill Bauske, 2611 30`'Avenue NE, thanked staff for her report. Mr. Bauske stated his 36 foundation is limestone and noted he is most comfortable with placing the air conditioner 37 on the east side yard so as to use the basement window for access to eliminate the need to 38 drill through the limestone. 39 40 Chair Melsha asked why the northeast corner of the house was not an option. Mr. Bauske 41 stated this would require drilling through the limestone for the tubing needed for the air 42 conditioner. He stated this was an option,but he would prefer the unit right next to the 43 basement window on the east side. 44 42 Planning Commission Meeting Minutes December 17, 2002 Page 3 1 Commissioner Tillman asked why the unit had to be on the east side of the home. Mr. 2 Bauske stated the west side of his home was his rear yard. He indicated he has a patio 3 and sidewalk on the west side of his home that he does not want to disturb. 4 5 Vice Chair Stille asked if the four feet side yard setback was accurate. Mr. Bauske stated 6 this should be a fairly accurate measurement as he did locate the stake. 7 8 Chair Melsha stated he would be in favor of locating the air conditioning unit in the 9 northeast corner of the lot and not the side yard, as this would reduce the setback amount 10 and would greater screen the unit. 11 12 Chair Melsha asked how long Mr. Bauske has lived in this home. Mr. Bauske stated he 13 has been in this home for 10 years. 14 15 Commissioner Steeves asked what type of land was to the north of his home. Mr. Bauske 16 stated his neighbor to the north has a deep lot and noted this land was an open backyard. 17 18 Commissioner Tillman asked why the unit could not be placed on the west side of the 19 property. Mr. Bauske stated it would be preferable on the east side of the home because it 20 is closer to the furnace as suggested by the contractor. 21 22 Commissioner Hanson asked if this air conditioner would be replacing two window units. 23 Mr. Bauske stated this would be the case. He explained he recently installed new 24 windows and did not want to harm the windows integrity by placing the window units in 25 them next spring. 26 27 Chair Melsha closed the public hearing at 7:20 p.m. 28 29 Commissioner Tillman asked Staff for rationale behind the 15-foot setback. Ms. Hall 30 noted she was not certain of the reasoning behind the 15-foot requirement, although noise 31 is probably part of the reason. 32 33 Vice Chair Stille stated he felt a home does need air conditioning,which could be another 34 condition to the hardship for this applicant. Chair Melsha agreed. 35 36 Commissioner Thomas indicated he felt the ordinance could be revisited and that the 15- 37 foot requirement was a bit much. 38 39 Chair Melsha noted he was not comfortable putting the unit on the east side of the home 40 by the window,but instead near the northeast corner. Commissioner Steeves agreed 41 stating the placement of the home on this lot is not optimal for locating an air 42 conditioning unit outside the home. He added that the northeast comer would be best for 43 neighboring properties as well. 44 Planning Commission Meeting Minutes 43 December 17, 2002 Page 4 1 Vice Chair Stille indicated the noise factor for the neighboring property to the east should 2 not be a concern, and added he would like to locate the unit in the northeast corner of the 3 property. 4 5 Commissioner Tillman stated she felt the unit could be located on the west side of the 6 home and added that she felt an air conditioner was not a necessity and did not create a 7 hardship on the applicant. 8 9 Commissioner Hoska stated he had no issue with the location on the northeast corner of 10 the property in keeping the unit close to the furnace as a compromise. 11 12 Vice Chair Stille questioned if the unit were to be placed in the northeast corner if it 13 would require both a rear yard and side yard setback. Ms. Hall stated this would be case, 14 but that the variances would not be as great as the other proposed location. 15 16 Commissioner Tillman indicated Mr. Bauske would require a 10-foot variance from the 17 rear yard and side yard setbacks in the northeast corner of the property. 18 19 Motion by Commissioner Stille, second by Commissioner Hoska,to recommend approval 20 of the request of Bill Bauske, 2611 30t' Avenue Northeast, for a rear yard and side yard 21 variance of 10 feet for a proposed distance of five feet from the property line for a non- 22 window mounted air conditioning unit based on the rationale this request would prohibit 23 the applicant from installing an air conditioning unit and putting his property to 24 reasonable use; and that the location of the furnace in the home and the placement of the 25 home on the property was a hardship; and that the home was built in the 1920's before the 26 ordinances were instituted; and that this request would not prohibit the detriment of the 27 neighborhood. 28 29 Motion carried unanimously. 30 31 IX. INFORMATION AND DISCUSSION. 32 9.1 Preliminary Site Plan for Autumn Woods Senior Housing, 2500 Block of Kenzie Terrace. 33 Ms. Hall indicated that City staff has met twice with President Paul Brewer of LaNel 34 Financial Group concerning their plans for construction of a senior housing development 35 called Autumn Woods Senior Housing in the 2500 block of Kenzie Terrace. At this point, 36 they would like to bring their plans forward for informal review and discussion to get 37 feedback on their preliminary site plan. They hope to bring final plans to the Planning 38 Commission for a full public hearing in either January or February. They anticipate 39 construction beginning Spring 2003. 40 41 Ms. Hall explained that LaNel Financial Group proposes to develop a market rate senior 42 rental townhouse style building. The preliminary plan submitted by the developer shows a 43 total of 34 units with 1 and 2 bedroom units, along with various common activity and 44 recreation areas.There will be both exterior and interior entrances to units.The building has Planning Commission Meeting Minutes 44 December 17, 2002 Page 5 1 two and three stories with underground parking.Seven surface parking spaces are shown on 2 the preliminary site plan. 3 4 Ms.Hall advised that according to the developer,the townhomes will have individual entries 5 to the street and courtyard on the first floor and also to a center hall that will access the 6 underground heated garage. The building exterior will closely match the adjacent and 7 existing Autumn Woods development with its step down design at the ends of the building. 8 The entire development will tie together well, according to the developer. 9 10 Ms.Hall noted that the preliminary plan shows encroachment into the required 25-foot side 11 yard setback. It is not noted on the plan what the side yard setback is. All other required 12 setbacks are met. LaNel will be asking for a Planned Unit Development(PUD),which will 13 offer flexibility for both them and the City. In exchange for not meeting the side yard 14 setback, the City might ask for extra landscaping or lighting, for example. 15 16 Ms. Hall explained that the property, once constructed, will be managed by Lang Nelson 17 Associates and become part of the Lang Nelson community of high quality senior rental 18 homes, according to the developer. The development proposed is similar to The Arbors in 19 White Bear Lake, which was recently completed by LaNel. 20 21 Paul Brewer,president of LaNel Financial Group, presented the Commission with his 22 proposed development and reviewed the Autumn Woods apartments. Mr. Brewer 23 reviewed the site plan of this property, the grade changes and noted this building would 24 be geared towards active seniors, 65 years and older. He stated the building would have 25 no medical or nursing services available. Mr. Brewer indicated there would be an 26 underground parking garage for the seniors within this unit. 27 28 Mr. Brewer noted the additional property would create additional parking stalls and 29 would share a driveway with the existing apartments. He indicated the one-bedroom 30 units were roughly 828 square feet and that the two bedroom units were between 1,100 31 to 1,200 square feet. Mr. Brewer stated there would be common areas on each of the 32 floors for media centers, exercise areas and a community room with kitchenette for 33 residents to use. 34 35 Mr. Brewer reviewed several other units that he developed in other communities to show 36 the quality workmanship of his company. He indicated the proposed building would 37 mostly resemble a complex completed in White Bear Lake,MN. 38 39 Commissioner Hanson asked if the development would be proposing a curb cut along 40 Kenzie Terrace. Mr. Brewer stated he would be proposing this to the County. 41 42 Commissioner Thomas asked what the proposed rents would be for this development. 43 Mr. Brewer noted this would run from$1.30 to $1.50 per square foot or roughly$1,200- 44 $1,400 per month. 45 Planning Commission Meeting Minutes 45 December 17, 2002 Page 6 1 Commissioner Thomas questioned what the vacancy rate was at Autumn Woods at this 2 time. Mr. Brewer indicated this was very low at this time, remaining under 5%. 3 4 Chair Melsha asked if there was a need for senior housing within St. Anthony. Mr. 5 Brewer stated this was in great demand within this city. 6 7 Vice Chair Stille asked if LaNel Financial Group would be owning this unit or just 8 managing it. Mr. Brewer stated LaNel would own and manage this property. 9 10 Vice Chair Stille asked if any landscaping was proposed for this site. Mr. Brewer 11 indicated the landscaping details would come back to the Commission at a future date. 12 13 Commissioner Hanson asked if Mr. Brewer was working with the City to purchase this 14 property. Mr. Brewer stated he is in the process of putting together a preliminary plan 15 and development agreement to go forward with the purchase of this property. 16 17 Commissioner Hanson asked for the purchase price of this site. Mr. Brewer stated this 18 property would be $150,000. 19 20 Commissioner Hanson asked for the total cost of this development and what tax 21 implications it would have for the City. Mr. Brewer indicated the proposed development 22 would run around$4.5 million with roughly$100,000 in tax revenue yearly for the City. 23 24 Commissioner Tillman questioned if LaNel would be interested in going forward with the 25 development without the variance. Mr.,Brewer stated he has tried to move the building, 26 but because of the small lot, he felt this was the best location and placement of the 27 building for this lot. 28 29 Commissioner Thomas indicated he felt this was a lovely development and noted it 30 would compliment the St. Anthony Shopping Center. He noted his only concern was if 31 St. Anthony seniors would be able to afford the proposed rents. 32 33 Chair Melsha thanked Mr. Brewer for his presentation and stated this was a great looking 34 building as proposed. He noted Mr. Brewer would be back before the Commission in 35 January or February with further plans. 36 37 9.2 Discuss Second Hand Goods/Pawn Shop Ordinance Amendment. 38 Ms. Hall explained that the City Council has asked the Planning Commission for a 39 recommendation on a revised Second Hand Goods Dealers ordinance and a new ordinance 40 regulating pawnshops in St.Anthony while a moratorium has been placed on issuance of any 41 aforementioned licenses.As stated at the October 15,2002,Planning Commission meeting, 42 the course of action likely is that the City's second hand goods dealers' ordinance will be 43 revised and the new pawnbroker ordinance will be adopted. 44 45 Ms. Hall noted the proposed pawnbroker ordinance was drafted by Chris Smith of Dorsey Planning Commission Meeting Minutes 46 December 17, 2002 Page 7 1 and Whitney. 2 3 Chair Melsha asked that Mr. Smith walk the Commissioner through the draft ordinance. Mr. 4 Smith stated the proposed ordinance deals with pawnbrokers and not with secondhand good 5 dealers. He stated this could be combined or modified if so desired by the Commission. 6 7 Chair Melsha asked if there are the same concerns between pawnbrokers and secondhand 8 goods dealers. Mr. Smith stated pawnbrokers could be having more criminal activity in 9 dealing with stolen goods but stated secondhand goods dealers are not exempt from these 10 activities. He indicated he felt the city would be wise to license both of these operations. 11 12 Mr. Smith ran through the proposed pawnbroker ordinance with the Commission. He 13 indicated the Commission would need to develop a fair license fee and investigation fee 14 amount. Mr. Smith stated he could check with neighboring communities to see what their 15 fees are. 16 17 Mr.Smith noted the most important feature of the ordinance was the mandated daily reports 18 to police. He indicated this helps track stolen goods. 19 20 Mr.Smith reviewed the firearms requirements and noted the Commission could limit the sale 21 of such items if desired. He also encouraged the Commission to review the zoning code to 22 see where in the City this type of establishment could be located. 23 24 Chair Melsha thanked Mr.Smith for reviewing this Ordinance and asked for comments from 25 the Commission. 26 27 Commissioner Hoska thanked Mr. Smith for his work on this Ordinance and stated he felt it 28 was very thorough. 29 30 Commissioner Thomas asked if the City could prohibit a "checks cashed" type operation 31 within the City. Ms. Hall stated she felt this was a prohibited use within the community. 32 33 Commissioner Steeves thought it would be worth the Commission's time to consider the 34 distance between pawnbrokers to keep them spread out. Chair Melsha agreed. 35 36 Commissioner Steeves asked if a minimum investment requirement should be placed on this 37 ordinance. Mr. Smith stated he felt this was not a concern for this type of operation. 38 39 Commissioner Tillman asked how the Commission felt about firearms. Commissioner 40 Steeves indicated he felt the sale of firearms should not be allowed. 41 42 Chair Melsha questioned how the Commission felt about this ordinance and if this should go 43 forward or continue to be reviewed. 44 45 Commissioner Steeves stated he felt the Commission was in agreement on most issues and 47 Planning Commission Meeting Minutes December 17, 2002 Page 8 1 could finalize this discussion at the next meeting after receiving comments from the police 2 chief. 3 4 Chair Melsha asked if the secondhand goods portion should be made a part of this ordinance. 5 Mr. Smith suggested separating the secondhand goods dealers' ordinance from the 6 pawnbroker's ordinance as this was the policy of most cities. The Commission agreed with 7 this suggestion. 8 9 Mr. Smith noted he would revise the ordinance and report back to the Commission at the 10 next meeting. 11 12 9.3 Appoint Chair/Vice Chair for 2003. 13 This item was tabled to the January meeting. 14 15 9.4 Northwest Quadrant Redevelopment Update. 16 Chair Melsha noted there was a committee meeting on December 16, 2002. Ms. Hall 17 mentioned there would be an open house for the Northwest Quadrant Redevelopment on 18 January 16, 2002 from 5:00-8:00 p.m. She noted this open house would allow residents 19 to see the proposed site plan the development team and steering committee have been 20 discussing. 21 22 Commissioner Thomas stated he was quite pleased by the information that was presented 23 at the December meeting. 24 25 Commissioner Steeves indicated he was pleased with the proposed site plan stating this 26 style was exactly what he was looking for. He noted he was pleased with the developer 27 and the other developments they have done. 28 29 Vice Chair Stille agreed adding that the developer has a vested interest in the property, 30 which makes this even more exciting. 31 32 X. ANNOUNCEMENTS. 33 Commissioner Tillman thanked Commissioner Thomas for his service on the Planning 34 Commission. 35 36 Commissioner Hanson also recognized Commission Thomas for his service. 37 38 Commissioner Steeves wished Commissioner Thomas well. 39 40 Chair Melsha thanked Commissioner Thomas for volunteering for the Commission and for his 41 hard work and innovative thinking. 42 43 Commissioner Hoska agreed stating he has done a great job as a Commissioner. 44 45 Vice Chair Stille noted he enjoyed working with Commissioner Thomas. Planning Commission Meeting Minutes 48 December 17, 2002 Page 9 1 2 Commissioner Thomas read a prepared statement to the Commission. He stated it was nice to be 3 thought of as innovative by the Commission members. 4 5 XI. ADJOURNMENT. 6 Motion by Commissioner Hanson,.second by Commissioner Hoska, to adjourn the meeting at 7 8:51 p.m. 8 9 Motion carried unanimously. 10 11 12 13 Respectfully submitted, 14 15 16 Heidi Guenther 17 Timesaver Off Site Secretarial, Inc. 49 CITY OF ST. ANTHONY VILLAGE RESOLUTION 03-012 A RESOLUTION APPROVING VARIANCE REQUESTS FOR 2611 - 30TH AVENUE NE WHEREAS, requests for a side yard and a rear yard variance were submitted by Bill Bauske for 2611 - 301h Avenue NE; and WHEREAS, a Public Hearing relating to said requests was held by the Planning Commission on December 17, 2002; and WHEREAS, the Planning Commission recommended City Council approval of said variances of 10 feet from the northeast property line to allow installation of a non-window- mounted air conditioning unit and found that: 1) Strict enforcement of the ordinance would not allow the resident to put his house to reasonable use, thus creating a hardship. 2) The home was built before the ordinances were instituted. 3) The variances, if approved, would not alter the central character of the neighborhood. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the rear and side yard variances for 2611-30th Avenue NE, as recommended by the St. Anthony Planning Commission. Adopted this day of 12003. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 50 MEMORANDUM DATE: 12/11/02 MEETING DATE: 12/17/02 TO: Chair Melsha & Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage SUBJECT: Bauske Variance Request Background: Bill Bauske, 2611 30th Avenue Northeast, is requesting a variance of 11 feet from the side yard property line for a non-window mounted air conditioning unit. City ordinance states that non-window mounted air conditioning units must be at least 15 feet from any property line. Mr. Bauske's application shows there is only four feet available between the house and the property line. The applicant proposes the location of the air conditioning unit to be installed outside the basement window, per attached drawings. One item to note is once the base is placed on the ground, the air conditioning unit may be even closer than four feet to the property line. Mr. Bauske states in his petition for variance the undue hardship is due to the placement of the house so close to the property line, and that he would be unable to have central air in his home. The extraordinary circumstances that exist include the placement of.his house four feet from the property line. The purpose of adding central air is for comfort in the summer months, as two windows units do not cool portions of the house, according to the applicant. The building of the home in the 1920's and/or the drawing of property lines created the alleged difficulty or hardship. The applicant has also looked at putting the air conditioning unit in the northeast corner of his lot, which is nine feet from the property line. Considering the air conditioning unit must be one foot from the structure (according to the contractor) and the proposed air conditioning unit to be installed will rest of a 2 feet X 3 feet base, he said he would still be in violation of the ordinance and in need of a variance. The applicant also notes there are hardships/costs associated for him with placing the air conditioning unit in the northeast corner of the lot (see application). Mr. Bauske has been in communication with the adjacent neighbor at 2613 30th Avenue; they are in support of his application. Attachment: • Petition for Variance 51 Date: Fee: loo. e ) R4 . . . . . . $ 60.00 Other . . . . $100.00 CITY OF ST. ANTHONY VILLAGE Petition for Variance Applicant: ( l� a u S Phone: �y/a ` 7 $8 -3. ? Address: 2611 3©tt Ay . /V E Status of Applicant(Owner, Buyer, Lessee, etc.): 0 t►tie r Legal Description of property proposed for v iance: ft-o6--09q-;13-3K-0045- t436,,4uA,r! Street Address: 9(01/ O � N 5f- ,4w+HoH y , M y_ $-S'q f 8 Presently Zoned: s"'A', 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 or lot, the.proposed.variance would relieve an undue'hdrdshin, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 0 4� AMY, house �© c (os }Q _ o �r-0/11 �j unu6/e- kavt C'.eri�fal 4,'r ;h A 2. The purpose of the proposed variance is not based exclusively upon 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. '� AP� e,c; [ �� e or�tv►a^y c�rc.u�s�-a�n r�s st ��c �. iaLeAvM o-IF ho�/�1/ 1] q-2-r, �x� A Proms y . /,,-� fJurporn a� ctaCIX;n Ce itri g4 t/` ; s - 'Po r co nn r,4- r✓l. f sWMfyn r . AVvO A`N/lS Ca CUI vAA U) caw��F-s OtO Oaf COO' Po(*ker.s of ou/' Aou-" . , 3. The alleged difficulty or hardship is caused by the City Ordinance and has not been created by any persons presently having an interest in the parcel of land. and o r +kp rA raw t &90 04 PrWr4y l;nes ( ' �, �, — may prbpa.^i y "abs+Pacf,' r as naArv-S CIOLf ^� Signature of Applicant *60 9 0 0 Ca Lfgqg A "V- ..� 52 �urnac�ya rn �a52mw1i- l�+ndow � Bushes O Variance Reasons (n 1. I am requesting a Variance due to the"undue hil; 'of the zoning code that requires at least a sie.. 'clearance back from the property line if a Central Air Conditioning("AC.")unit is to be installed. 2. Undue hardship exists due to the placement of my house(back part of house built around 1920 and front addition built around 1950)only four feet from the property line on the east.This difficulty was created by the builder of the home(1920?) 3 and/or the drawing up of property lines(when?). W s The property abstract of my house has names and dates that go back to 1853. Lv 3. The location of the AC.unit to be installed is Q requested by a variance to be outside my basement window where the furnace rests in the basement. Proposed location is to be the bush closest to the VN basement window(see above). `G 4. Undue hardship also exists if unit were to be o placed in the extreme N.E. comer of my lot as the space there is approx• 9ft.x 9ft.. Considering the e'J A.C. unit must be at least one foot from the structure(according to the contractor)and the proposed A.C.unit to be installed will rest on a 2ft.x 3ft.base,I still would be in violation. An additional reason for hardship would exist if the unit could be squeezed in this space because 25 feet of tubing and electrical pipe would have to be run outside of the house to the basement window. This would have to be done due to the need to drill a hole in the limestone slabs that make up my foundation in that part of my house. 30t'-I4v. AIE. 53 CITY OF ST. ANTHONY RESOLUTION 03-013 A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERED PREPARATION OF PROPOSED ASSESSMENT WHEREAS, costs have been determined for the improvement of(1)Edward Street, 33rd Avenue Northeast to 34th Avenue Northeast; (2) 34th Avenue Northeast, Stinson Boulevard to Silver Lake Road; (3) Belden Drive, 33rd Avenue Northeast to 34th Avenue Northeast and the bid price for such improvements is $1,219,931.38, and the total cost of the improvement will be approximately$1,700,000.00. NOW, THEREFORE,BE IT RESOLVED,by the City Council of St. Anthony, Minnesota: (1) The portion of the cost of such improvement to be paid by the City is hereby declared by be $1,336,935.20 and the portion of the cost to be assessed against benefited property owners is declared to be $363,064.80. (2) Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in 2004, and shall bear interest at the rate of 2 percent above the City's borrowing rate at the time the bonds are issued. (3) The Consulting Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot,piece, or parcel of land within the district affected,without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such proposed assessment in the office for public inspection. (4) The City Clerk shall, upon the completion of such proposed assessment,notify the Council thereof. Adopted this day of 2003. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CADocuments and Settings\CKroeplin\Local Settings\Temporary Intemet Fi1es\0LK3D\F 54 CITY OF ST. ANTHONY RESOLUTION 03-014 A RESOLUTION CALLING A HEARING ON 2003 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to direction of the City Council of the City of St. Anthony, a report has been prepared with reference to the improvements: 2003 Street and Utility Improvements Project This project consists of street reconstruction and replacement of water main and sanitary sewer lines on the following streets: 1. Edward Street: 33rd Avenue Northeast to 34th Avenue Northeast 2. 34th Avenue Northeast: Stinson Boulevard to Silver Lake Road 3. Belden Drive: 33rd Avenue Northeast to 34th Avenue Northeast NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of St. Anthony: 1. The Council will consider the improvement of such.street and utilities in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $1,700,000. 2. A public hearing shall be held on such proposed improvements on the 11th day of February 2003, in the Council Chambers of the City Hall at 7:00 p.m. or as soon thereafter as possible; and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted this day of 2003. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CADocuments and Settings\CKroeplin\Local Settingffemporary Intemet Fi1es\0LK3D\F 55 CITY OF ST. ANTHONY RESOLUTION 03-015 A RESOLUTION CALLING A HEARING ON PROPOSED ASSESSMENT FOR 2003 STREET AND UTILITY IMPROVEMENTS WHEREAS, by direction of the City Council of the City of St. Anthony, a proposed assessment of the cost of the following improvements has been prepared: 2003 Street and Utility Improvements Project 1. Edward Street: 33rd Avenue Northeast to 34`h Avenue Northeast 2. 34`h Avenue Northeast: Stinson Boulevard to Silver Lake Road 3. Belden Drive: 33rd Avenue Northeast to 34`h Avenue Northeast NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony: 1. A hearing shall be held on the I Ith day of February 2003 in the City Council Chambers at 7:00 p.m., or as soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published twice in the official newspaper at least two weeks prior to the haring, and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than 10 days prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid by November 14`h of the assessed 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. CADocuments and Settings\CKroeplin\Local Settings\Temporary Internet Files\OLK3D\Resolution Calling a Hearing Proposed Assessments03-xxx.doc Resolution Calling a Hearing on Proposed 56 Assessment for 2003 Street and Utility Improvements Page 2 of 2 Such payment must be made before November 14th or interest will be charged through December 31" of the succeeding year. Adopted this day of 2003. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CADocuments and Settings\CKroeplin\Local Settings\Temporary Internet Files\OLK3D\Resolution Calling a Hearing Proposed AssessTnents03-xxx.doc 57 CITY OF ST. ANTHONY RESOLUTION 03-016 A RESOLUTION ORDERING PREPARATION OF PLANS, SPECIFICATIONS AND ADVERTISEMENT FOR BID WHEREAS, pursuant to resolution of the Council adopted May 28th,2002,a report was prepared by WSB&Associates,Inc.to evaluate the City of St.Anthony's Water Supply and Sanitary Sewer System Infrastructure, WHEREAS, the report recommended the: 1. Replacement of trunk Sanitary Sewer main from 27th Avenue South to the City of Minneapolis. -2. Construction of a new 10-inch water main loop along Kenzie Terrace South of St.Anthony Boulevard. WHEREAS, the report provides information regarding whether the proposed project is necessary,cost effective,and feasible. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of St.Anthony that: 1) The Council will consider the improvement of such streets in accordance with the report at an estimated total cost of the improvement of$1,050,000. 2) WSB&Associates,Inc.is hereby designated as the engineer for this improvement,and is directed to prepare plans,specifications and bid documents for making such improvements. 3) The consulting engineering firm shall prepare and cause to be inserted in the official paper and in the Construction Bulletin,an advertisement for bids.The advertisement shall be published for,two items, shall specify the work to be done,shall state that bids will be opened on April 10,2003 and bids the responsibility for bidders will be considered by the City Council at 7:00 P.M.on April 22,2003 in the Council Chambers of the City Hall. Any bidders whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit,cashier's check,bid bond or certified check payable to the City of St.Anthony for Five(5%)percent of the amount of such bid. Adopted this day of -92003. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CADocuments and Settings\CKmeplin\Local Settings\Temporary Internet Files\OLK3D\Resolution02-xxx.doc 58 MEMORANDUM TO: Mayor and Members of the City Council Michael Mornson; City Manager FROM: Jerome P. Gilligan DATE: January 7, 2003 RE: Liquor Ordinance At its meeting on January 14t'the City Council will consider first reading of the ordinance amending the City Code to provide for the issuance of on-sale liquor licenses to restaurants and hotels. The ordinance also contains provisions with respect to issuance of wine licenses, off-sale.and on-sale 3.2 beer licenses and temporary wine and on-sale 3.2 beer licenses, which licenses are presently authorized to be issued under the City Code. Many of the provisions concerning the issuance by the City of on-sale liquor licenses and other licenses for the sale of alcoholic beverages are set forth by Minnesota Statutes, Chapter 340A and are incorporated expressly or by reference into the ordinance. The City can place additional restrictions beyond those contained in Minnesota statutes, Chapter 340A with respect to certain matters. Additional restrictions proposed to be included in the ordinance are the following: (i) alcohol awareness training is required for employees of the licensed establishment (Section 1000.12, subd. 2), (ii) no more than 15% of the seating capacity of the establishment may be located at a bar or service counter(Section 1000.12, subd. 1.C), (iii) at least 50% of the gross receipts of the establishment for the sale of food and non-alcoholic and alcoholic beverages shall be attributable to food and non-alcoholic beverages (Section 1000.12, subd. 3), (iv) no license may be issued to any property located within 300 feet of a church or school (Section 1000.09, subd. 1.C) or to any property used as a sexually oriented business as defined in Section 1605 of the St. Anthony Code(Section 1000.09, subd. 1.G), and(v) adult entertainment is prohibited on the licensed premises or in adjacent areas that can be viewed by the patrons of licensed premises (Section 1000.10, subd. 16). . The ordinance provides for investigation fees of up to $500 for an in-state investigation and up to $10,000 for an out-of-state investigation. This is the maximum investigation fee permitted by Minnesota law. The annual license fee for an on-sale liquor license is proposed to be $8,000,with a reduction of$500 on the license fee for an annual renewal if compliance checks have been passed in the prior year with no violations carrying a penalty of$500 or greater. Sunday license fees are proposed to be$200, which is the maximum permitted by Minnesota law. Minnesota law City staff conducted a survey of a number of cities concerning license fees. Under Minnesota law the license fee is to be set at an amount that is intended to cover the cost of issuing liquor licenses and costs of inspecting the licensed premises and other directly related costs of enforcement. Once the City has some experience with the issuance of liquor licenses it DORSEY & WHITNEY LLP 59 should review the costs to the City and the appropriateness of the amount of the fee. The ordinance retains the present language in Section 1000 of the City Code related to requiring annual compliance checks and providing for a matrix of maximum penalties for violations by licensed establishments. 2 DORSEY & WHITNEY LLP 60 CITY OF ST. ANTHONY ORDINANCE 2003-001 AN ORDINANCE RELATING TO SALE OF INTOXICATING LIQUOR; AMENDING SECTIONS 615.06 AND 1000 OF THE ST. ANTHONY CITY CODE AND DELETING SECTION 1005 OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. Section 615.06 of the St. Anthony City Code, shall be amended to read as follows: 615.06 Other License Fees. No person other than the City may engage in the following businesses or types of activity without first paying the fee listed.in this Chapter and obtaining a license as provided in this Chapter. Minnesota Applicable License Fee Term Transferable Statutes Code Section Alarm,Business $25 One year, Yes 540 commencing July 1 Alarms,Residential $10 One year, Yes 540 commencing July 1 Amusement Devices $75 per machine One year No 540 Beer: Off-Sale 3.2 $100 One year No Chp. 340A 1000 Percent Malt Liquor License Beer: On Sale 3.2 $350 One year No Chp. 340A 1000 Percent Malt Liquor License Beer: Temporary None As stated in No Chp. 340A 1000 On Sale 3.2 Percent license Malt Liquor License Bowling lanes $12.50 per alley One year With Council Approval Christmas tree lots: None As stated in No 1325 Nonprofit applicant license Other applicants $50 As stated in No 500; 600 license 61 Circus,carnival $50 plus$25 per As stated in No 437.09 500; 600 entertainment event day license Coin operated $10 per machine, One year Yes laundry machines not up to maximum in multiple family of$190 per building location Contractors $35 or$5 if State One year No 560 licensed Courtesy ad benches $8 per bench One year Yes Demolition Fee $50-Residential $75-Commercial Fireworks display $2 per display One day No 624.20— 624.25 Garbage and rubbish $150 One year haulers Gasoline service $30 for station& One year stations, stations with 1 production line, multiple product plus $8.50 for dispensement each product line through 1 hose dispensed Haulers of Garbage $150 One year No 555 or Recyclables HVAC,plumbing, $35 One year 326.37— gas piping 326.45; 326.46— 326.521 Juke boxes $50 per location One year Yes Kennel $50 One year 520 Inspection Fee $30 Liquor: On-Sale $8,000 One year No Chp. 340A 1000 Intoxicating Liquor Liquor: Sunday $200 One year No Chp. 340A 1000 On-Sale Mobile home park None One year No 525 Multiple Dwellings $7.00 per One year No 550 dwelling unit -2- 62 Newspaper vending $5 per machine One year Yes machine Peddler/Solicitor& $50 No 1130 Transient Merchants Occupancy Permit $20 No Physical Culture and $250 license fee One year No 575 Health Service or and$500 Club,Reducing Club investigation fee or Salon, Sauna deposit Parlor,Therapeutic Massage Studio Public dance- $50 One day No Vending machines $2 per machine One year Yes (including gumball& nut machines) All other coin- $25 first One year Yes operated machines machine; $12 not otherwise each additional covered in this machine,up to a Section,except maximum of nonperishable soft $180 drink machines Set-ups $350 One year No Chp. 340B 1000.12 Secondhand Goods $1,000 One year No 565 Dealer Tobacco or Tobacco $300 One year No 461.12— 510 related products 461.15 Towing service $30 for first One year, Yes 530 vehicle&$20 for terminating each additional on.9/1 of vehicle(unless each year licensed in another city) Wine,wine license $100 processing One year No Chp. 340A 1000 fee&$400 license fee Wine,Temporary None Period stated No Chp. 340A 1000 Wine License in license Section 2. Section 1000 of the St. Anthony City Code shall be amended to read as follows: -3- 63 Section 1000- Sale of Liquor and Wine; Licensing 1000.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall have the stated meanings: Bar. A counter or similar kind of place or structure at which wine or liquor is served. Commissioner. The State Commissioner of Public Safety. Food Establishment Any establishment providing for table service or self service of food or beverages. Hotel. An establishment where food and lodging are regularly furnished to transients and which has a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time, and at least 50 guest rooms. Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by fermentation and containing more than 3.2 percent of alcohol by weight. License. A license granted pursuant to this Section. Licensed Premises. The area shown in the license application as the place where wine or liquor will be served or consumed. Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor. Meal. Entrees and sandwiches offered on a restaurant menu. Off-Sale. Retail sale in the original package for consumption away from the premises only. On-Sale. Sale for consumption on the premises only. Original Package. Any container or receptacle holding liquor, in which the liquor is corked or sealed at the place of manufacture. Restaurant. An establishment, under control of a single proprietor or manager,having appropriate facilities for serving meals and where in consideration of payment,meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and which has a seating capacity for not fewer than 30 guests at one time. Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain, dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly, as part of a commercial transaction, in violation or evasion of the provisions of this Section, but does not include sales by State licensed liquor wholesalers selling to licensed retailers. -4- 64 State Established Legal Drinking Age. For purposes of this Section,the State established legal age for consumption of liquor and wine is 21 years of age. 3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more than one-half of one percent by volume and not more than 3.2 percent by weight. Wine. Vinous beverage created by fermentation. 1000.02 Off-Sale Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off-sale within the City by any person, or by any store or establishment, or by any agent or employee of such person, store or establishment, except by the City and on the premises in the City occupied by the municipal stores for off-sale of liquor. 1000.03 License Required. No person, except wholesalers or manufacturers to the extent authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at off--sale any 3.2 percent malt liquor or at on-sale any 3.2 percent malt liquor, intoxicating malt liquor, wine or intoxicating liquor without first having obtained a license. 1000.04 License Types. Licenses shall be of seven types: A. On-Sale Intoxicating Liquor License -permits the on-sale of liquor and wine at qualifying hotels and restaurants. A qualifying hotel with multiple points of liquor sale and service within the hotel may operate under a single On-Sale Intoxicating Liquor License provided that the sale of food and liquor is under the exclusive ownership and control of the licensee. Any restaurant or other facility serving liquor within a hotel which operates under separate ownership or control shall be considered a distinct entity for purposes of this Section. B. Off-Sale 3.2 Percent Malt Liquor License- permits the off-sale of 3.2 percent malt liquor at certain retail establishments. C. On-Sale 3.2 Percent Malt Liquor License -permits the on-sale of 3.2 percent malt liquor at certain retail establishments. D. Wine License -permits the on-sale of wine at qualifying hotels and restaurants. (Intoxicating malt liquor may be sold on premises holding both a 3.2 percent malt liquor on-sale license and a wine license.) E. Temporary On-Sale 3.2 Percent Malt Liquor License-permits the on-sale of 3.2 percent malt liquor at events sponsored by certain organizations. Not more than three such licenses shall be issued to any one organization in a twelve month period with at least 30 days between issue dates. Each license shall be issued for not more than three consecutive days. F. Temporary Wire License—permits the on-sale of wine at events sponsored by certain organizations. Not more than three such licenses shall be issued to any one organization in a twelve month period with at least 30 dates between issue dates. Each license shall be issued for not more than three consecutive days. A temporary wine license may provide that the licensee may contract for wine catering services with the holder of an On-Sale Intoxicating Liquor License or the -5- 65 holder of a full-year on-sale intoxicating liquor license issued by another municipality. G. Sunday On-Sale License -permits the on-sale of intoxicating liquor on Sunday. Only persons holding an On-Sale Intoxicating Liquor License may hold a Sunday On-Sale License 1000.05 License Application; Renewal. An application for any license required by this Section or the renewal of an existing license shall be made on forms provided by the Clerk. The provisions of Section 500 of this Code, shall apply to all licenses required by this Section, and to the holders of such licenses, except that licenses and renewals shall be granted or denied in accordance with Section 1000.06. All applications shall be accompanied by the fees set forth in Section 1000.07: Every license issued under this Section shall expire at 12:01 A.M. on March 15 following its date of issuance. Renewal applications shall be submitted at least 60 days but not more than 150 days before expiration of the license. If, in the judgment of the Council as to off- sale and on-sale licenses, good and sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown, the Council,may, if the other provisions of this Section are complied with, grant the license. In addition to the application requirements provided in Section 500 of this Code, applicants shall also provide the following: A. The type of license the applicant seeks; B. A description of the type of business to be transacted on the licensed premises; C. Proof of financial responsibility with regard to liability imposed by M.S. 340A.801 in the manner and to the extent required by M.S. 340A.409. If the applicant claims exemption from the requirements of said Statute,proof of exemption shall be established by affidavit given by the applicant in form and substance acceptable to the Clerk; D. All forms and information required by the Police Chief,the Minnesota Department of Public Safety and the Minnesota Department of Revenue; E. Any affidavits of the applicant as required by the Clerk, on forms provided by the Clerk, in support of the application; F. Authorization to release information obtained in connection with the application; G. A statement signed by the applicant stating that he or she has reviewed and understands the pertinent provisions of this Section and State law; H. In the case of an application for a Wine License, or On-Sale Intoxicating Liquor License, the applicant shall provide evidence satisfactory to the Clerk as to compliance with the requirements of Subd. 2 of Section 1000.12 as to the completion of an alcohol awareness program; I. In the case of an application for a Wine License or On-Sale Intoxicating Liquor License, the applicant shall provide evidence satisfactory to the Clerk as to compliance with the requirements of Subd. 3 of Section 1000.12 as to the -6- 66 percentage of food sold on the licensed premises. This requirement shall be established by an affidavit of the licensee on a form provided by the Clerk. The affidavit shall be given with each application for issuance or renewal on a Wine License or an On-Sale Intoxicating Liquor License, or at other times as the Clerk may request. If the application is for the renewal of a Wine License or an On- Sale Intoxicating Liquor License, the affidavit shall also include the actual percentage of gross receipts attributable to the sale of food during the immediately preceding 12 month period. The Clerk shall require that any such affidavit be verified and confirmed, on a form provided by the Clerk,by a Certified Public Accountant. Failure or refusal of a licensee to give such affidavit with such application, or on request of the Clerk, or any false statement in any such affidavit, shall be grounds for denial, suspension or revocation of all licenses held by such licensee. J. In the case of an application for a Temporary On-Sale 3.2 Malt Liquor License or Temporary Wine License, the applicant shall provide evidence satisfactory to the Clerk that the applicant complies with the requirements of Section 1000.08 as to being a qualified corporation or organization; K. Any other information deemed necessary by the Manager to undertake consideration of the application. 1000.06 Consideration of Application; Public Hearing. The provisions of Section 500 of this Code shall apply to all licenses required by Section 1000.04 and to the holders of such licenses,provided that all licenses shall be granted or denied by the City Council and the Commissioner, if required by State law. The City Council shall conduct a public hearing on the application for a new On-Sale Intoxicating Liquor License within a reasonable period following receipt of a complete application and completion of the investigation required by Section 1000.05. A notice of the date,time,place and purpose of the hearing shall be published once in the official newspaper not less than ten days before the date of the hearing. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting. No hearing shall be required for the renewal or the transfer of an On-Sale Intoxicating Liquor license. 1000.07 Fees. Subd. 1 Application Fee. The annual license application fee shall be the amount set forth in Section 615.06 of this Code. When a new Wine License or On-Sale Intoxicating Liquor License is issued for a portion of a year, the annual license application fee shall be prorated at the rate of one twelfth of the license fee per month or portion of a month remaining in the license year at the time of application. The annual license application fee for a Wine License or for an On-Sale Intoxicating Liquor License may be refunded, less costs incurred by the City as determined by the Clerk, in the event that the application is withdrawn by the applicant or denied by the Council. Subd. 2 On-Sale Intoxicating Liquor License Renewal Fee. A business with an On-Sale Intoxicating Liquor License that passes the annual compliance checks,with no violations carrying a penalty of$500 or greater, under the presumptive penalty provisions contained in Subsection 1000.14, shall be eligible for a reduction in the annual license fee for the following year. The annual license fee reduction shall be$500. -7- 67 Subd. 3 Refunds. A monthly pro-rata share of the annual license fee for a Wine License or an On-Sale Intoxicating Liquor License issued pursuant to this Section may be refunded, less the cost of issuance as determined by the Clerk, if: A. The business permanently ceases to operate; B. The license is transferred to a new licensee in accordance with Section 1000.13 and the City receives a license fee for the remainder of the license term from the transferee; or C. A premises licensed to sell wine receives an On-Sale Intoxicating Liquor License prior to the expiration of the Wine License. In this instance, a pro-rata share of the Wine License fee may be refunded. Subd. 4 Investigation Fees.Upon application for a new or the transfer of an existing Wine License, On-Sale Intoxicating Liquor License, On-Sale 3.2 Liquor License or Off- Sale 3.2 Liquor License, the applicant shall deposit$500.00 with the City for the investigation fee. If the investigation requires an out-of-state investigation, an additional $2,000.00 shall be deposited before further processing of the application by the City. The Clerk may from time to time require the deposit of additional investigation fees up to the limits provided herein before further processing of the application if the cost of investigation exceeds the amounts previously deposited. The cost of the investigation shall be based on the expense involved,but in no event shall it exceed$500.00 if the investigation is limited to the State or$10,000.00 if outside the State. All deposited monies not expended on the investigation shall be refunded to the applicant. All investigative expenses incurred in excess of the deposit shall be paid prior to consideration of the license application by the Council. Investigation fees for license renewal shall not exceed $200.00 unless there is a change of ownership of more than 10% cumulatively over the then existing license period. 1000.08 Persons Ineligible for License. The following restrictions apply to any applicant who is a natural person, a general partner if the applicant is a partnership, or a corporate officer if the applicant is a corporation. No license shall be granted to: A. Any manufacturer,brewer, or wholesaler as defined in M.S. 340A.101,or any manufacturer of 3.2 percent malt liquor,or to any person who has a financial interest, directly or indirectly, in such manufacturer,brewer or wholesaler. B. Any person under the State established legal drinking age. C. Any person convicted of any willful violation of any law of the United States or any provision of State Law or this Code with regard to the manufacture, sale or distribution of liquor. D. Any person not eligible under M.S. 340A.402 or the regulations of the Commissioner. E. Any person who has (i)been convicted, within the five years prior to the application for a license, of any violation of any law of the United States, the State, or any other state or territory, or of any local ordinance with regard to: (a) the manufacture, sale, distribution or possession for sale or distribution of -8- 68 intoxicating liquor or other controlled substances as defined by State Statute, (b) gambling, (c)theft, or(d) vice; or(ii) had an intoxicating liquor license, including a wine on-sale license, revoked for any violation of any statutes, ordinances or regulations relating to the manufacture, sale, distribution or possession of liquor or wine. F. Any person who has applied for or holds a federal wholesale or retail liquor dealer's special stamp or a federal or State gambling-or gaming stamp or license. G. Any person who is an employee or elected official of the City. H. Any person who has falsified any information given either in the application or in the process of investigation. I. Any person who upon renewal, has been found in violation of any provision of this Section or applicable State Law. J. If an individual, any person who is not a U.S. citizen or resident alien. K. Any person who is financially indebted to a person who is disqualified under this Subd. L. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person who is not a charitable, religious or other nonprofit corporation or organization in existence at least three years. No corporation or organization shall be granted more than three such licenses in a twelve month period and there shall be at least 30 days between the license issue dates. M. If for a Temporary Wine License, any person who is not a charitable,religious or other nonprofit corporation or organization in existence at least three years. No corporation or organization shall be granted more than three such licenses in a twelve month period and there shall be at least 30 days between the license issue dates. 1000.09 Places Ineligible for a License Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or renewed for: A. Any property on which taxes, assessments or other financial claims of the State, County or City are due,delinquent or unpaid. B. Any property on which the business is to be conducted is owned by a person who is ineligible for a license pursuant to Section 1000.08 C. Any property located within 300 feet of a place of worship or an elementary, junior high or senior high school having a regular course of study accredited by the State. A location which holds a license under this Section shall not be declared ineligible for license renewal or transfer due to a place of worship or school that was newly located in its proximity after license issuance. The provisions of this -9- 69 paragraph shall not apply to Temporary On-Sale 3.2 Percent Malt Liquor Licenses or Temporary Wine Licenses. D. Any property where a license issued under this Section has been revoked during the preceding year unless the issuance of the license is unanimously approved by the Council then present. E. Any property where the conduct of the business is prohibited by Chapter 16 of this Code. F. Any property not eligible under M.S. 340A and the regulations of the Commissioner. G. Any property used as a sexually oriented business as defined by Section 1605 of this Code. Subd. 2 Off-Sale 3.2 Percent Malt Liquor Licenses. In addition to the requirements of Subd. 1 of this Subsection,no Off-Sale 3.2 Percent Malt Liquor License shall be granted to any theater,recreation establishment,public dancing place or establishment holding any on-sale license. Subd. 3 On-Sale 3.2 Percent Malt Liquor Licenses. In addition to the requirements of Subd.l of this Subsection,no On-Sale 3.2 Percent Malt Liquor License shall be granted for establishments other than(i)restaurants, (ii)golf courses, (iii)bowling centers and(iv)hotels. The provisions of this Subdivision do not apply to Temporary On-Sale 3.2 Percent Malt Liquor Licenses. Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this Subsection, no Wine License shall be granted to any establishment other than a restaurant located in the Commercial District. Subd. 5 On-Sale Intoxicating Liquor Licenses. In addition to the requirements of Subd. 1 of this Subsection, no On-Sale Intoxicating Liquor License shall be granted to any establishment other than a restaurant or hotel located in the Commercial District. 1000.10 General Restrictions; Conditions of Sale. Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the licensee's place of business and shall maintain conditions of sobriety and order. Subd. 2 Age. No wine or liquor shall be sold to any person under the State established legal drinking age, or to an intoxicated person, directly or indirectly. Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell liquor or wine. Subd. 4 Gambling and Prostitution. No licensee shall keep,possess or operate, or permit the keeping,possession or operation on the licensed premises, or in any room adjoining the licensed premises controlled by the licensee, any slot machines, dice or other gambling equipment as defined in M.S. 349.30,nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building, -10- 70 directly or indirectly under licensee's control, to be used as a resort for prostitutes or other disorderly persons; provided, however, that lawful gambling may be carried on if allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or this Code. Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or brewer, as defined in M.S. 340A, of wine or liquor. Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by any police officer or other designated officer or employee of the City at any time there are persons within the licensed premises. Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S. 340A.504. Except, however, establishments holding a Wine License under this Section or establishments holding both an On-Sale Intoxicating Liquor License and a Sunday On- Sale License under this Section may sell intoxicating liquor or wine in conjunction with the sale of food between the hours of 10:00 A.M. Sundays and 1:00 A.M. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any person on, in or about a licensed premises more than 30 minutes following the time established by this Subsection for cessation of the sale of wine or liquor. Subd. 9 No Liquor or Wine in Non-Licensed Food Establishments. Except as permitted by a license issued pursuant to this Section, no person shall take or carry any wine or liquor into any food establishment. Subd. 10 Mixing or Sale for Mixing Prohibited. Except as permitted by a license issued pursuant to this Section,no person shall mix with liquor or wine or sell for the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any food establishment. Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant to this Section, no person shall consume, or permit the consumption,mixing or spiking of any beverage by adding to the same any liquor, in any building or place operated as a food establishment. The fact that any person in any food establishment, sold any liquid or beverage to a person who thereupon and therein added to such liquid or beverage any liquor or wine shall be prima facie evidence that such liquid or beverage was sold by such person for the purpose of adding liquor or wine and shall be prima facie evidence that such person and the person's employer permitted the mixing or spiking of such liquid by adding wine or liquor. Subd. 12 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this Section, establishments or clubs that directly or indirectly allow the consumption or display of wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S. 340A.414 shall not be approved by the Council. Subd. 13 Posting of License. A license issued under this Section shall be posted in a conspicuous place in the licensed premises. -11- 71 Subd. 14 Compact and Contiguous Premises. A license issued under this Section is only effective for the compact and contiguous space specified in the approved license application. No sales or consumption of wine or liquor shall be permitted beyond the licensed premises. The licensed premises shall not be increased in size or seating capacity during the then license period. Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of business being operated and shall maintain conditions of sobriety and order. Subd. 16 Adult Entertainment Prohibited. The Findings,Purpose and Objectives of Section 1670 of the City Code are hereby incorporated by reference. No licensee shall permit any specified sexual activities,the presentation or display of any specified anatomical areas or the conduct of a sexually oriented business all as defined by Section 1605 of this Code on the licensed premises or in areas adjoining the licensed premises where such activities or the conduct of such a business can be seen by patrons of the licensed premises. Subd. 17 State Law. All applicable provisions of State Law shall be complied with in connection with the sale of wine and liquor. 1000.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to the requirements imposed by Section 1000.10,the following special requirements apply to the on-sale of 3.2 percent malt liquor: Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant to an On-Sale 3.2 Percent Malt Liquor License shall be served and consumed at tables in the dining or refreshment room on the licensed premises and shall not be consumed or served at bars;provided, the same may be consumed or served at the following locations: A. At counters where food is regularly served and consumed. B. On decks,patios and other outdoor dining areas which are adjacent to the licensed premises. C. On grounds of a golf course. Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Section do not apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor License. 1000.12 Special Requirements for the On-Sale of Wine,Intoxicating Malt Liquor and Intoxicating Liquor. In addition to the requirements of Section 1000.10, the following special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating liquor sold pursuant to a Wine License or and On-Sale Intoxicating Liquor License issued in accordance with this Section: Subd. 1 Licensed Premises. The licensed premises must: A. Have an exclusive entrance from and exit to the exterior of the building in which the license premises is located or to a public concourse or public.lobby, and have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons other than through the required entrances and exits. -12- 72 B. Have adequate space for the storage,preparation and handling or service of food,wine, and liquor. C. The premises shall not have more than 15 percent of its seating capacity located at a bar or service counter. Subd. 2 Alcohol Awareness Training. A. Within 30 days following the issuance of a new Wine License or a new On- Sale Intoxicating Liquor License,not less than 75%of the employees authorized to serve or sell wine or liquor on the licensed premises shall have completed an alcohol awareness program approved by the Police Chief. B. Not less than 75% of the employees authorized to serve or sell wine or liquor on the licensed premises must complete an alcohol awareness program approved by the Police Chief within 90 days prior to an application for license renewal for a Wine License or a On-Sale Intoxicating Liquor License. Subd. 3 Percentage of Food Sold. Not less than 50 percent of the restaurant's or hotel's gross receipts from the combined sale of food,non-alcoholic beverages, wine and liquor, on an annual basis, shall be attributable to the sale of food and non-alcoholic beverages. Subd. 4 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume may be sold or consumed on a premises holding a Wine License. Subd. 5 Denied Sales or Consumption. No sales or consumption of wine or liquor shall be permitted beyond the licensed premises. Subd. 6 Container Volume Restrictions. Wine may not be sold, served or consumed in containers larger in volume than one liter. Subd. 7 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No licensee shall sell, offer for sale or keep for sale, wine or liquor in any original package that has been refilled or partly refilled. No licensee shall directly or through any other person, dilute, or in any manner tamper with, the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition, alcoholic content or type from the wine received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. Subd. 8 Sales in Hotels. No sale of wine or liquor shall be made to or in guest rooms of hotels unless: A. The rules of such hotel provide for the service of meals in guest rooms; B. The sale of such wine and liquor is made in the manner which conforms to the requirements of Section 1000.12; -13- 73. C. Such sales is incidental to the regular service of meals to guests in their rooms; and D. The rules of such hotel and the description, location, and number of such guest rooms are fully set out in the license application. 1000.13 Restrictions on Transfer of License.No license shall be transferred to any person or premises by the person or from the premises to whom and for which the license was granted,by any means whatsoever, including, without limitation, devise or descent or involuntarily by the operation of law,without the person and premises to whom and to which the license is to be transferred having first submitted an application containing all of the information required in an original application, and complying with all requirements for an original license, and receiving the approval of the Council, and where required, the Commissioner. Any change in the persons named in the original application or any change in the information in such original application shall be deemed a transfer for the purposes of this Section. Provided,however, the following changes shall not be deemed a transfer: A. A change in the ownership of a limited partnership comprising 10%or less cumulatively of the limited partnership during the then license period; B. A change in ownership of a corporation comprising 10%or less cumulatively of the stock owners during the then license period; or C. A change in one of the corporation's officers during the term of the then license. Provided,however, the corporation shall give notice of a change in officer to the Clerk and the new officer shall comply with all requirements of this Section and Section 500 of this Code. 1000.14 Penalties; Revocation or Suspension. Subd. 1 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the Police Department or other authorized City official during regular business hours. At least once per year, the City shall conduct compliance checks by engaging, young adults over the age of 18 and less than 21 years,to enter the licensed premises to attempt to purchase intoxicating or 3.2 percent malt liquor. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of unlawful possession of intoxicating or 3.2 percent malt liquor when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions . about the minor's age asked by the licensee or the licensee's employee and shall produce any identification, if any exists, for which the minor is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational,research, or training purposes, or required for the enforcement of a particular State or Federal law. Subd. 2 Hearing Notice for Revocation or Suspension of License. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing -14- 7'4 notice shall be given at least 10 days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. Subd. 3 Grounds for Revocation or Suspension of License. The Council may suspend or revoke any license for the sale of intoxicating liquor or 3.2 percent malt liquor for any of the following reasons: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments,promises or representations made to the City Council. B. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police. G. Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers. H. Failure of an establishment granted a license to exhibit satisfactory progress toward completion of construction within 6 months from its issuance, or failure of an establishment to operate for a period of 6 months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Subd. 4 Presumptive Civil Penalties. The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this Chapter. These penalties are presumed to be appropriate for every case; however,the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards,the Council will provide written findings that support the penalty selected. The minimum penalties for convictions or violations must be presumed as follows(unless specified,numbers below indicate consecutive days' suspensions): -15- 75 Appearance Type of Violation ist 2nd 3rd 4th A. Commission of a felony Revocation N/A N/A N/A related to the licensed activity B. Sale of liquor while Revocation N/A N/A N/A license is under suspension C. Sale of liquor to under-age $500 6 days 18 days Revocation persons D. Sale of liquor to $500 6 days 18 days Revocation obviously intoxicated person E. After hours sale of $500 6 days 18 days Revocation liquor F. After hours display or $500 6 days 18 days Revocation consumption of liquor G. Refusal to allow City $500 15 days Revocation inspectors or police admissions to inspect premises H. Illegal gambling on $500 6 days 18 days Revocation premises I. Failure to take reasonable $500 6 days 18 days Revocation steps to stop person from leaving premises with liquor(does not apply to Off-Sale 3.2 Percent Malt Liquor License) J. Sale of intoxicating Revocation N/A N/A N/A liquor where only license is for 3.2 percent malt liquor The Council may impose a 3 day suspension for failure to pay the required fine on the first appearance. Subd. 5 Multiple Violations. At a licensee's first appearance before the Council, the Court must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in Subd. 4 above. The occurrence of multiple -16- 76 violations is grounds for deviation from the presumed penalties in the Council's discretion. Subd. 6 Subsequent Violations. Violations occurring after the notice of hearing has been mailed,but prior to the hearing,must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third or fourth appearance before the Council. Subd. 7 Subsequent Appearances. Upon a second,third or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. Subd. 8 Computation of Appearances. After the first-appearance, a subsequent appearance by the same licensee will be determined as follows: A. If the first appearance was within 18 months of the current violation, the current violation will be treated as a second appearance. B. If a licensee has appeared before the Council on 2 previous occasions, and the current violation occurred within 30 months of the first appearance, the current violation will be treated as a third appearance. C. If a licensee has appeared before the Council on 3 previous occasions, and the current violation occurred within 42 months of the first appearance, the current violation will be treated as a fourth appearance. D. Any appearance not covered by A, B, or C of this Subd. 8 will be treated as a first appearance. Subd. 9 Other Penalties. Nothing in this Section 1000.14 shall restrict or limit the authority of the Council to suspend up to 60 days,revoke the license,or impose a civil fine not to exceed$2,000 for each violation, to impose conditions, or impose any combination of the foregoing sanctions, or take any other action in accordance with law; provided,that the license holder has been afforded an opportunity for a hearing in the manner provided for in this Section 1000.14. 1000.15 Incorporation by Reference. The provisions of M.S. 340A. which are referenced in this Section are hereby adopted and incorporated by reference and made a part of this Section, including all regulations of the Commissioner which relate to such incorporated provisions of M.S. 340A. Section 3. Section 1005 of the St. Anthony City Code is deleted in its entirety. Section 4. This ordinance shall become effective as of the date of its publication. -17- 77 First Reading: January 14, 2003 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin January 2003 Monthly Planner 1 2 3 . 4 Dec 2002 Feb 2003 HOLIDAY S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 8 9 10 1 1 12 1 3 14 2 3 4 5 6 7 8 15 16 17 18 19 20 21 9 10 11 12 13 14 15 22 23 24 25 26 27 28 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 5 6 7 8 9 10 11 7:00 PM NWQ 7:00 PM Public Task Force Facilities Task meeting Force meeting 12 13 14 15 16 17 18 Parks 7:00 PM League of 5:00 PM-8:00 Commission Regular Council Minnesota Cities PM NWQ Open meeting has meeting House been cancelled. 19 20 21 22 23 24 25 HOLIDAY Planning Commission Martin Luther meeting King Day cancelled. 26 27 28 29 30 31 7:00 PM 9:30 AM-8:00 Regular Council PM Goal Setting meeting February 2003 Monthly Planner 1 Jan 2003 Mar 2003 S M T W T F S S M T W T F S 1 2 3 4 1 5 6 7 8 9 1011 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 2 3 4 5 6 7 8 7:00 PM Public Facilities Study Group meeting 9 10 11 12 13 14 15 7:00 PM Parks 7:00 PM City Commission Council meeting meeting 16 17 18 19 20 21 22 HOLIDAY 7:00 PM Planning CHILI Commission CONTEST 3:00 meeting PM Presidents'Day 7:00 PM Public Facilities Open House 23 24 25 26 27 28 7:00 PM City Council meeting 7:00 PM Public Facilities Study Group January 8, 2003 tho illa a FUTURE COUNCIL AGENDA ITEMS Meeting Date Meeting Type Staff Present Items/Issues January 28 Regular Planning Commission report Ord.,re: Liquor licensing(2nd reading) January 30 Goal Setting-all day February 11 Regular Ord.,re: Liquor licensing(3`d reading) Ord.,re: Personnel(1st reading) Public hearing re: Authorize street project bond sale Letter of Understanding re: Stonehouse Development February 25 Regular Ord.,re: Personnel (2°d reading) 2/11 Planning Commission meeting issues November - 2002 City of St.Anthony Profit& Loss Statement from Operations Actual Actual Year to Date Year to Date Increase SAV I SAV II STONEHOUSE 11/30/02 11/30/01 (Decrease) Sales $179,890.00 $203,078.00 $65,062.00 $4,532,783.00 $4,381,151.00 $151,632.00 Less: Cost of Goods Sold $141,711.00 $160,642.00 $21,807.00 $3,232,880.00 $3,149,944.00 $82,936.00 Gross Profit $38,179.00 $42,436.00 $43,255.00 $1,299,903.00 $1,231,207.00 $68,696.00 Ratio to Net Sales 21.22% 20.90% 66.48% 28.68% 28.10% Operating Expense: - Salaries,Wages, Benefits $15,298.00 $15,231.00 $25,130.00 $618,796.00 $573,763.00 $45,033.00 All Other Expenses $12,372.00 $13,890.00 $18,428.00 $474,546.00 $473,832.00 $714.00 Total Operating Expense $27,670.00 $29,121.00 $43,558.00 $1,093,342.00 $1,047,595.00 $45,747.00 Ratio to Net Sales 15.38% 14.34% 66.95% 24.12% 23.91% Profit from Operations $10,509.00 $13,315.00 ($303.00) $206,561.00 $183,612.00 $22,949.00 Other Income $3,280.00 $2,471.00 $4,597.00 $53,476.00 $55,262.00 ($1,786.00) Net Income $13,789.00 $15,786.00 $4,294.00 $260,037.00 $238,874.00 $21,163.00 Ratio to Net Sales 7.67% 7.77% 6.60% 5.74% 5.45% November-Net Income $33,869.00 Y-T-D SAV I SAV II STONEHOUSE ALL STORES YEAR TO DATE 11/30/02 $109,273.00 $107,372.00 $43,392.00 $260,037.00 YEAR TO DATE 11/30/01 $75,763.00 $106,090.00 $57,021.00 $238,874.00 INCREASE/DECREASE $33,510.00 $1,282.00 ($13,629.00) $21,163.00 November - 2002 City of St.Anthony Reconciliation to Inventory Valuation Report SAV I SAV II Beginning Inventory: $256,597.92 Beginning Inventory: $302,126.81 Plus or Minus: Plus or Minus: Transfers: SAV 1 $3,712.40 Transfers ($3,712.40) Stonehouse ($6,203.88) Adjustments $105.83 Adjustments $132.32 Returns to Vendors ($3,409.13) Returns to Vendors ($5,169.50) Add: Receiving $160,490.92 Add: Receiving $163,590.42 Less: Cost of Goods Sold ($160,747.87) Less: Cost of Goods Sold ($141,843.06) TOTAL $294,854.16 TOTAL $270,816.62 Total per Valuation Report $295,690.73 *** Total per Valuation Report $270,602.29 *** Difference $836.57 Difference ($214.33) Beginning December 2002 Inventory $270,602.29 Beginning December 2002 Inventory $295,690.73 ***Comes from Valuation Report ***Comes from Valuation Report 2001 Actual Profits (Audited) 2002 Y-T-D Profits Actual Y-T-D SAV I SAV II Stonehouse SAV I SAV II Stonehouse Profits Comparison January ($1,369.00) $1,857.00 ($1,701.00) ($1,213.00) January $5,583.00 $2,817.00 $3,554.00 $11,954.00 $13,167.00 February $1,620.00 $4,474.00 $9,410.00 $14,291.00 February $6,023.00 $6,005.00 $9,656.00 $33,638.00 $19,347.00 March $9,236.00 $7,127.00 $7,510.00 $38,164.00 March $10,455.00 $10,709.00 $7,145.00 $61,947.00 $23,783.00 April $5,631.00 $4,295.00 $10,712.00 $58,802.00 April $7,341.00 $6,511.00 $10,932.00 $86,731.00 $27,929.00 May $5,705.00 $6,957.00 $1,372.00 $72,836.00 May $10,901.00 $14,402.00 $6,374.00 $118,408.00 $45,572.00 June $16,325.00 $14,485.00 $2,734.00 $106,380.00 June $15,926.00 $16,381.00 $1,586.00 $152,301.00 $45,921.00 July $9,392.00 $12,077.00 $3,712.00 $131,561.00 July $8,989.00 $9,839.00 ($7,247.00) $163,882.00 $32,321.00 August $3,986.00 $12,825.00 $3,261.00 $151,633.00 August $18,973.00 $11,447.00 $2,001.00 $196,303.00 $44,670.00 September $12,586.00 $14,197.00 $4,417.00 $182,833.00 September $6,675.00 $6,725.00 $4,695.00 $214,398.00 $31,565.00 October $3,874.00 $11,687.00 $2,934.00 $201,328.00 October $4,618.00 $6,750.00 $402.00 $226,168.00 $24,840.00 November $8,777.00 $16,109.00 $12,660.00 $238,874.00 November $13,789.00 $15,786.00 $4,597.00 $260,340.00 $21,466.00 December $13.258.00 $27,618.00 $3,515.00 $283,265.00 December $0.00 $0.00 $0.00 $260,340.00 Total $89,021.00 $133,708.00 $60,536.00 $283,265.00 Total $109,273.00 $107,372.00 $43,695.00 $260,340.00 Increase/(Decrease) $33,510.00 $1,282.00 ($13,326.00) $21,466.00 Y-T-D By Store Apache Plaza Redevelopment 12/31/2002 Payments from Developers: HillCrest Development $72,920.43 Met Council Grant $120,000.00 Pratt-Ordway $75.000.00 $267,920.43 Total Expenses $337,052.29 12!3112002 Cost to HRA ($69.131.86) Dahlsaren/Shardlow Ehlers&Associates WSB&Associates Tracy Printina JMS Communications Northfield Lines SEH/RCM Goodwin Comm $7,402.72 $210.00 $2,714.50 $1,391.00 $990.00 $308.00 $455.87 $1,615.00 $3,337.91 $1,505.00 $954.50 $1,450.00 $1,925.00 $72.00 $1,743.93 $570.00 $7,002.68 $935.50 $954.50 $1,098.70 $2,090.00 $468.00 $2,199.80 $1,140.00 $15,138.88 $455.00 $942.00 $474.20 $2,260.00 $848.00 $95.00 $32,762.90 $82.00 $282.00 $1,098.70 $1,320.00 $570.00 $25,780.22 $1,662.90 $860.00 $1,098.70 $8,585.00 $190.00 $10,603.04 $2,911.73 $498.50 $1,098.70 $1,425.00 $6,369.70 $1,920.55 $4,061.00 $1,168.60 $3,990.00 $15,686.06 $3,450.00 $5,611.03 $245.13 $8,003.59 $5,100.00 $658.00 $474.20 $31,118.21 $3,187.50 $1,091.00 $1,141.12 $5,733.98 $2,787.50 $508.50 $10,739.05 $1,490.12 $5,471.77 $10,456.70 $560.13 $2,662.50 $10,456.00 $1,774.75 $3,750.00 $94.00 $2,567.32 $4,717.50 $188.00 $3,754.23 $3,653.50 $40,330.23 $3,148.50 $4,065.00 $5,539.18 $3,900.00 $9,796.85 $4,385.63 $11,660.14 $56,813.58 $2,359.63 $221.92 $1,733.97 $213,546.63 INVESTMENT PORTFOLIO: 11/3012002 Interest Date BREMER-ST ANTHONY BANK Rate Purchased Maturi Book Value INVESTMENT DEMAND-MONEY MARKET SAVINGS 1.75% 1 DAY LIQUIDITY(SWEEP) $120,069.29 4/M GENERAL $276,000 BEETHOVEN FUNDING COOMERCIAL PAPER 1.63% 09/24/02 12/20/02 $274,932.80 $437,000 STELLER FUNDING COOMERCIAL PAPER 1.63% 10123/02 12/23/02 $435,815.24 $1,400,000 FHLMC MEDIUM NOTE-ZERO COUPON 7.00% 08/09101 08/27/31 $134,373.51 $845,121.55 4/M ARMY-WATER FILTRATION $100,000 FNMA MEDIUM TERM NOTE 6.46% 05112/99 01/08/08 $100,000.00 $200,000 FED HOME LOAN MORTGAGE-COUPON 6.00% 11/01/01 11/28/16 $200,000.00 $100,000 FED HOME LOAN MORTGAGE-COUPON 6.05% 09/18/02 09/18/17 $100,000.00 $200,000 FED HOME LOAN MORTGAGE-COUPON 6.02% 11114/02 11/14/17 $200,000.00 $ 800,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 01112/99 01/28119 $202,057.98 $1,250,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 11/07/01 02/22/29 $191,662.50 $ 240,000 FED HOME LOAN BANK-ZERO COUPON 6.00% 08/05/02 08/15/22 $61,800.00 $1,000,000 FED HOME LOAN MORTGAGE-ZERO COUPON 7.957% 10/02/05 12/17/29 $119,658.48 $556,000 LOCKHART FUNDING COMM PAPER 1.63% 11125/02 02126/03 $554,132.77 $1,729,311.73 DAIN RAUSCHER-GENERAL GNMA POOL 4734 8.50% 02101175 01/15/05 $170.25 GNMA POOL 6472 7.50% 07/01/75 07/15/05 $797.67 GNMA POOL 14376 7.50% 03/01/77 03/15/07 $1,433.88 GNMA POOL 23364 9.00% 09/01/78 09/15/08 $663.02 GNMA POOL 23356 9.00% 11/01/78 11/15/08 $1,590.36 $100,000 FNMA MEDIUM TERM NOTE 6.00% 07/25/02 07/25/22 $100,000.00 $670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22/29 $99,948.90 $503,000 AMERICAN EXPRESS COMM PAPER 1.747% 07112/02 12/15/02 $499,253.88 $280,000 GENERAL ELECTRIC COMM PAPER 1.231% 11/27/02 02/25/03 $279,158.50 $281,000 GENERAL ELECTRIC COMM PAPER 1.262% 11/27/02 03/27/03 $279,844.03 $100,000 PROVIDENT BANK C/D-STEP/UP 5.000% 05/30/02 05/30/17 $100,000.00 $100,000 RESOURSE BANK C/D 5.000% 09/19/02 09/19/17 $100,000.00 $1,462,860.49 DAIN RAUSCHER-HONEYWELL $100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15/99 03/08/29 $10,105.00 $100,000 LASELLEBANK-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64 $100,000 STANDARD FEDERAL-ZERO COUPON BOND 6.50% 09/11/02 09/11/22 $27,798.64 $200,000 FED HOME LOAN MORTGAGE CORP-6.25% 6.25% 12/18/01 12127/16 $200,000.00 $ 95,000 FED HOME LOAN MORTGAGE CORP-6.00% 6.00% 12/28/01 01/17/17 $95,000.00 $200,000 FED HOME LOAN MORTGAGE CORP-6.00% 6.00% 09/16/02 03115/17 $203,600.00 $90,000 FED HOME LOAN MORTGAGE CORP-6.00% 6.00% 09/26/02 09/26/17 $90,000.00 $ 50,000 FED HOME LOAN MORTGAGE CORP-6.25% 6.25% 10/01/02 11/29121 $50,000.00 $ 30,000 FED HOME LOAN MORTGAGE CORP-6.50% 6.50% 11/26/02 04/11117 $30,450.00 $ 30,000 FED HOME LOAN MORTGAGE CORP-6.40% 6.40% 11/26/02 04/14114 $30,503.61 $ 40,000 FED HOME LOAN MORTGAGE CORP-6.515% 6.515% 11/27/02 07/11/14 $41,050.00 $806,305.89 DEAN WITTER $500,000.00 FED HOME LOAN BANK CALLABLE-ZERO 6.00% 10/29/98 08/20/18 $128,730.00 $550,000.00 FNMA-MEDIUM TERM NOTE-ZERO 7.950% 11/24/99 06/22/18 $129,228.00 $680,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.10% 06/15/01 04/05119 $97,722.56 $535,000.00 FEDERAL HOME LOAN MORTGAGE-ZERO 7.493% 07/09/01 02/02/23 $109,514.50 $220,000.00 FEDERAL HOME LOAN BANK-ZERO 7.011% 07/19/01 08/20/18 $67,782.00 $520,000.00 MERRILL LYNCH ZERO COUPON BOND 6.00% 09/24/02 09/15/18 $199,477.00 Timel2/20/2002 MONTHLY INVESTMENT REPORT NOVEMBER 20021NVESTI DEAN WITTER (Continued) $200,000.00 FEDERAL HOME LOAN BANK 6.00% 11/14/01 11114/16 $200,000.00 $200,000.00 FHLMC MED TERM NOTE-SEMI 6.00% 11/19/01 11119/21 $197,000.00 $200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28/01 12/15/16 $200,000.00 $100,000.00 FHLMC MED TERM NOTE 6.25% 07/31/02 07/31/17 $100,000.00 $200,000.00 FED HOME LOAN BANK MED TERM NOTE 5.976% 08/27/02 10/25116 $200,000.00 $200,000.00 FED HOME LOAN BANK MED TERM NOTE 8.15% 11/26/02 06/09/10 $206,800.00 $100,000.00 FED HOME LOAN BANK MED TERM NOTE 6.00% 11/26/02 10/22127 $100,250.00 $1,936,504.06 DAIN RAUCHER-(HRA) $200,000-FNMA-9334 P/O 7.24% 04/20/93 03/25/23 $24,723.52 $ 50,000-FHLMC MCB SER 1629MB 7.00% 02/07/94 01/15/23 $30,636.11 $250,000-FHLMC MEDIUM SERIES 3B/E 6.00% 6.00% 10/25/01 10/15/16 $250,000.00 $100,000-FEDERAL HOME LOAN BANK 6.00% 6.00% 11/14/01 12/07/16 $100,000.00 $200,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 11/16/01 11/29/21 $198,702.93 $200,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 06/28/02 06/27/16 $200,000.00 $100,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 08/05/02 08/05/16 $100,000.00 $250,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 08128/02 08/28/17 $250,000.00 $105,000-FHLMC MEDIUM TERM NOTE 6.50% 6.50% 10/15/02 04/15/17 $107,100.00 $200,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 11/25/02 12/13/17 $200,000.00 $382,000-GENERAL ELECTRIC COMM PAPER 1.352% 11/17/02 01/27/03 $381,144.62 $1,000,000-FED HOME LOAN MORTGAGE-ZERO COUPON 7.75% 12/27101 12/27/21 $218.56320 $2,060,870.98 TOTAL BOOK VALUE $8,961,043.99 ----------------- ----------------- Time12/20/2002 MONTHLY INVESTMENT REPORT NOVEMBER 20021NVESTI General Fund Budget to Actual Report: December 2002 Expenditures: Mean Average 100% 12/31/2002 Percentage Remaining Budget Y-T-D Balance Spent Budget Mayor/Council $56,300.00 $43,933.72 $12,366.28 78% 22% Intergovernmental Relations $20,100.00 $21,012.90 -$912.90 105%. -5% Cable Franchise $19,900.00 $20,180.74 -$280.74 101% -1% General Management $86,600.00 $94,051.44 -$7,451.44 109% -9% Elections $24,400.00 $20,916.80 $3,483.20 86% 14% Finance/Insurance $208,200.00 $186,773.49 $21,426.51 90% 10% Finance/Assessing $39,100.00 $37,958.74 $1,141.26 97% 3% Legal $69,800.00 $76,043.03 -$6,243.03 109% -9% Engineering/Planning/Zoning $2,500.00 $997.95 $1,502.05 40% 60% City Buildings $112,500.00 $101,248.04 $11,251.96 90% 10% Civil Defense $43,700.00 $42,132.28 $1,567.72 96% 4% Police Protection $1,061,200.00 $1,025,926.24 $35,273.76 97% 3% Lauderdale/Falcon Heights $519,200.00 $512,194.06 $7,005.94 99% 1% Fire Protection $555,900.00 $524,366.68 $31,533.32 94% 6% Inspections/Building Permits $75,900.00 $55,471.32 $20,428.68 73% 27% Animal Control $3,600.00 $2,252.35 - $1,347.65 63% 37% Public Works $395,200.00 $357,814.95 $37,385.05 91% 9% Public Works/Maintenance & Repair $121,200.00 $101,222.49 $19,977.51 84% 16% Tree and Weed Care $27,000.00 $19,676.59 $7,323.41 73% 27% Parks $109,200.00 $121,085.03 -$11,885.03 111% -11% Transfers to other Funds $75,000.00 $75,000.00 $0.00 100% 0% Budget Reserves/Non Budgeted $0.00 $0.00 $0.00 0% 0% Total Expenditures $3,626,500.00 $3,440,258.84 $186,241.16 95% 5% Stormwater Fund - Cash on Hand 12,31/2002 Projeted Revenues: Funding Source Revenues-to-Date Street Improvement Bonds $3,000,000.00 $3,016,610.63 MSA Bonds $950,000.00 $935,008.45 DNR $5,440,000.00 $5,348,617.36 FEMA $700,000.00 $700,000.00 Hennepin County $150,000.00 $150,000.00 Storm Water Utility Charges $500,000.00 $509,645.42 Storm Sewer City Bonds $1.610.000.00 $1,594,271.55 Total Project Budget $12,350,000.00 $12,254,153.41 Other Project Activity: Reserves/Transfer from Revolving Fund $175,000.00 $175,000.00 State of Minnesota-Reimbursements $0.00 $18,755.27 Homeowner Portion-Grant Agreement $0.00 $5,060.75 HRA-Streetscape Transfer $0.00 $155,100.00 Met Council $20,000.00 $10,000.00 Stormwater Fees-Purchase 2809-30th Avenue NE $106,000.00 $106,000.00 Interest Earnings(Non DNR Funds) $0.00 $126,495.42 Sale of Pahl Avenue Homes(2700&2704) $0.00 $11,200.00 29th Avenue-Water Connection Fees $26,000.00 $26,400.00 Misc.-Homeowner/Reimburse for Extra Construction Work $0.00 $64,287.09 Total Revenues $12,677,000.00 $12,952,451.94 12/31/2002 Expenditures: Expenditures-to-Date WSB-Engineering Services $385,883.52 Barr-Engineering Services $2,709.35 Dorsey&Whitney-Legal Services $38,850.49 Rice Creek Watershed District-Water Study $2,025.00 Purchase of Flood Homes $1,199,829.40 Pahl Avenue Ponding $111,308.57 Flood Relief Grant Program $65,159.32 Private Homes-Dumpsters%Service Master $17,371.44 Sump Pump $246.64 1999 Street Improvement Project $1,126,309.10 2000 Street Improvement Project $2,943,537.37 2001 Street Improvement Project $2,019,352.01 2002 Street Improvement Project $2,259,505.05 2003 Street Improvement Project $55,497.69 Harding Street Holding Ponds $924,534.32 Richard Knutson,Inc-Silver Point Park $1,590,538.21 Total Expenditures $12,742,657.48 Project Balance $209,794.46 Stormwater Fees Non-Desiganted $183,178.70 Total Cash on Hand $392,973,16 EXPENDITURE REPORT 12131/2002 WSB: Flood Relief Grant Program: 2001 Street Improvement Project Project Description: Expenditures Project Description: Expenditures Project Description: Water Resource Management Plan $12,191.50 Dennis/Penny Gault $10,000.00 WSB-Engineering Services $254,575.72 Water Management Plan $10,531.50 James/Susan Kozarek $10,000.00 Lillie Suburban Newspapers $38.75 Stormwater Task Force $29,243.00 Thomas/Susan Hoban $800.00 Hage Concrete Works $2,356.53 Stormwater Engineering $56,068.98 Julie Sexton $1,004.53 Olson's Plumbing $221.90 Flood Problem Analysis $31,497.23 Village Properties-2801 37th Avenue NE $5,280.00 Dickson Electric $453.00 MCES Grant Application $1,724.25 Castle Building&Remodeling-3301 Edward St. $10,000.00 Sandness Construction $4,650.00 DNR/FEMA Grants $20,348.78 L.N.Soiling-3460 Penrod Lane $600.00 Bond Issuance $21,183.48 Sump Pump Inspection Program $5,083.43 J&D Landscaping-3460 Penrod Lane $1,300.00 Park Construction $1.735,872.63 Park Design $156,447.10 St.Anthony Health Center-3700 Foss Road $3,301.00 Total 2001 Street Project $2,019,352.01 UI Study $31,765.50 RiteWay Waterproofing-2929 Crestview Avenue $390.00 Flood Grant-1998/1999/2000/2001 $30.982.25 Pine Cone Nursery-3460 Penrod Lane $9,222.80 2002 Street Improvement Project Total WSB $385,883.52 Lamere Concrete-Flood Proofing Improvement $4,412.00 Project Description: McCaren Designs,Inc. $703.99 WSB-Engineering Services $231,704.75 Barr Engineering: Minnehaha Falls Landscaping $5,587.50 Dorsey&Whitney $5,220.89 Project Description: Elgard Excavating $1,245.00 Construction Bulletin $215.16 District#6 Watershed Study $2,709.3 5 Twin Cities Glass Block $1,312.50 Moody's Investors Service $3,250.00 Total Ban Engineering $2,709.35 Total Flood Relief Program $65,159.32 Springsted,Inc. $13,217.86 Asphalt&Concrete $8,087.00 Dorsey&Whitney: Private Homes•Dumpsters/Service Master Crown Fence&Wire $6,528.10 Project Description: Project Description: Pipe Services Corp. $5,851.20 Legal Services for Flooding Issues $17,911.16 Waste Management $391.65 S.M.Hentges&Sons $1.985.430.09 Legal Services-Comdenation of Homes $16,120.25 Service Master $13,782.29 Total 2002 Street Project $2,259,505.05 Legal Services-4029 Shamrock Drive $1,938.85 Nancy Myhran $259.50 Legal Services-Pahl Avenue $2,880.23 Linda Gonler $198.00 2003 Street Improvement Project Total Dorsey&Whitney $38,850.49 Susan Kozarek $925.00 Project Description: Elaine Nelson $1,065.00 WSB-Engineering Services $47,791.15 Water Quality Study: Sue Wenker $250.00 STS Consultants $2,998.00 Silver Lake: Berkley Risk/Insuance Claim-Payment $500.00 Construction Bulletin $252.58 Rice Creek Watershed District $2,025.00 Total Dumpsters $17,371.44 Lillie Suburban Newspaper $64.58 Pipe Services Corp. $4,391.38 Purchase of Homes: Sump Pump $55,497.69 Project Description: Project Description: Network Title,Inc. $255.00 Mcleod USA-Sump Pump Line $131.00 Harding Street Holding Ponds Purchase of 2716 St.Anthony Boulevard $134,928.90 Lillie Suburban News-Advertisement $115.64 Project Description: Expenditures Demolition $9,156.00 Total Sump Pump/Misc. $246.64 WSB-Engineering Services $105,888.05 Taxes $839.61 - Beftendorf Rohrer $30,075.00 Legal Services-Dorsey&Whitney $225.00 1999 Street Improvement Project Second Nature Lawn $270,873.76 Check for Asbestos-Abatement Services $365.00 Project Description: Residential Easements $432,183.78 Seal&Cap Well $1,450.00 WSB-Engineering Services $174,492.02 Dorsey&Whitney/Legal $31,400.27 Purchase of 2713 St.Anthony Boulevard $147,676.13 Springsted,Inc.-Bond Services $8,835.85 STS Consultants $3,235.00 Demolition $11,258.00 Northdale Construction $928,231.18 Evergreen Land Services $19,519.66 Legal Services-Attorney Fees for Seller $6,845.00 Treemendous $460.00 Construction Bulliten $358.48 Recording Deed/Taxes $2,506.98 Chris Addington $503.22 Albrecht.Inc. $20,215.22 Title Insurance $946.00 Dorsey&Whitney $2,911.55 Comdemnation Commissioners $8,455.10 Seal&Cap Well $1,420.00 Bond Issuance Expense $10.875.28 Old Republic-Abstract Fees $2,330,00 Purchase of 2809-30th Avenue NE $108,067.10 Total 1999 Street Project $1,126,309.10 Total Harding Street Holding Ponds $924,534.32 Purchase of 2700/2704-Pahl Avenue $301,411.45 Purchase of 2713-Pahl Avenue $208,072.00 2000 Street Improvement Project Silver Point Park/Construction Purchase of 4029 Shamrock $260,312.76 Project Description: Project Description: First American Title $375.00 WSB-Engineering Services $314,960.93 Richard Knutson.Inc, $1,466,031.72 Forsythe Appraisals/Kozarek $350.00 Barbarossa&Sons,Inc. $2,293,303.47 Sandness Construction $35,524.00 Evergreen Land Services $3,369.47 Barbarossa&Sons,Inc.-Settlement of Dispute $66,067.84 Thompson Homes,Inc. $9,032.50 Total Purchase of Homes $1,199,829.40 E-CEL Energy $155,100.00 Muska Electric $40,730.80 Buchan Environmental Services $2,248.99 Construction Bulletin $160.89 Pahl Avenue Ponding: Berkley Risk Services $10,000.00 SEH,Inc.-Silver Point Park Building $25,700.00 Project Description: AIIState Insurance Company $312.78 WSB,Inc.-Silver Point Park Building $1,077.00 WSB-Engineering Services $20,967.16 St.Paul Companies $16,884.96 Twin City Hydro Seeding $1,298.20 G&L Construction $69,998.42 Lillie Suburan Newspaper/Construction Bulletin $232.93 Trillium Park $10.183.10 Treemendous $14,460.90 Albrecht,Inc. $891.75 Total Silver Point Park $1,590,538.21 Pipe Services $3,859.20 Fabyanske&Westra-Legal CosULitigation $44,390.49 Crown Fence&Wire $370.00 Bond Issuance Expense $39,143.23 Construction Bulliten $1,432.20 Total 2000 Street Project $2,943,537.37 Lillie Suburban News-Advertisement $220.69 Total Pahl Avenue Ponding $111,308.57 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA January 14, 2003 Call to Order Roll Call I. Approval of January 14, 2003 H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 1. Approve December 9, 2002 H.R.A. Minutes. (p. 1) 2. Claims. (p. 2) 3. H.R.A. Resolutions 03-001 - 03-004 (Housekeeping resolutions). (pp. 3 - 6) III. General Policy Business of the H.R.A. IV. Staff Reports. V. H.R.A. Commissioner Comments. VI. Information and Announcements. VII. Adjournment. 1 1 CITY OF ST. ANTHONY 2 3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 4 5 DECEMBER 9, 2002 6 7 CALL TO ORDER 8 Chair Hodson called the meeting to order at 7:40 p.m. 9 10 ROLL CALL. 11 Commissioners present: Chair Hodson; Commissioners Sparks, Thuesen,Horst, and Faust. 12 Commissioners absent: None. 13 Also present: Executive Director Michael Mornson 14 15 16 I. APPROVAL OF DECEMBER 9, 2002 H.R.A. AGENDA. 17 Motion by Sparks to approve the December 9, 2002 Housing and Redevelopment Authority 18 Agenda as presented. 19 20 Motion carried unanimously. 21 22 H. CONSENT AGENDA. 23 Motion by Thuesen to approve the Consent Agenda,which consisted of. 24 25 A. Approve November 26, 2002 H.R.A minutes: and 26 B. Claims. 27 28 Motion carried unanimously. 29 30 III. GENERAL POLICY BUSINESS OF THE H.R.A. 31 None 32 33 IV. STAFF REPORTS. 34 None. 35 36 V. H.R.A. COMMISSIONER COMMENTS. 37 None. 38 39 VI. INFORMATION AND ANNOUNCEMENTS. 40 None. 41 42 VII. ADJOURNMENT. 43 Motion by Sparks to adjourn the meeting at 7:43 p.m. 44 45 Motion carried unanimously. 46 Respectfully submitted, 47 48 Rebecca Roehl 49 TimeSaver Off Site Secretarial, Inc. 2 Following is a Verified Claims list for January 14,2003: 1. Brede Exposition Services..............................................................$214.00 P/W—Fire Station Task Force Open House 2. Dahlgren,Shardlow&Uban.......................................................$2,429.72 Apache Redevelopment-Master Plan 3. Ehlers&Associates,Inc...................................................................$37.50 General Financial/Professional Services 4. Ehlers&Associates,Inc..............................................................$5,580.00 NW Quadrant Study 5. Ehlers&Associates,Inc.................................................................$375.00 SW Quadrant/Stonehouse Redevelopment 6. Ehlers&Associates,Inc.................................................................$900.00 P/W—Fire Facilities Planning 7. Goodwin Communications.............................................................$190.00 Media Relations-General 8. Goodwin Communications..........................................................$1,045.00 Media Relations—N/W Quadrant 9. . Graffiti Sign&Design...................................................................$677.45 Display Prints—P/W Task Force Open House 10. Raymond A.Hellickson......................:........................................$9,552.74 Developers Payment/TIF Agreement 11. Sweet Cream Properties. .........................................................$150,000.00 Developer Payment—Culver's 12. Tracy Printing,Inc.......................................................................$1,716.38 Facilities Planning-Newsletter and Postage 13. Tracy Printing,Inc.......................................................................$1,261.15 N/W Quadrant-Newsletter 14. US Bank..................................................................................$147,056.25 TIF Bond Payment—Apache Plaza 14. US Bank..................................................................................$209,737.50 TIF Bond Payment—Community Center 16. Virgo Catering..................................................................................$83.46 P/W—Fire Station Task Force Open House 17. WSB,Inc. $1,235.00 .................................................................................... Water and Sewer Study 18. WSB,Inc.......................................................................................... 188.00 Culver's Site Review 19. WSB,Inc..........................................................................................$83.46 Review-Stonehouse Property 3 CITY OF ST. ANTHONY H.R.A. RESOLUTION 03-001 A RESOLUTION DESIGNATING A CHAIR FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that is designated as Chair of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of , 2003. Chair Reviewed for Administration: Executive Director 4 CITY OF ST. ANTHONY H.R.A. RESOLUTION 03-002 A RESOLUTION DESIGNATING A VICE CHAIR FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that is designated as Vice Chair of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of 92003. Chair Reviewed for Administration: Executive Director a� CITY OF ST. ANTHONY H.R.A. RESOLUTION 03-003 A RESOLUTION DESIGNATING A SECRETARY/TREASURER FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that is designated as Secretary/Treasurer of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of ' 2003. Chair Reviewed for Administration: Executive Director CITY OF ST. ANTHONY H.R.A. RESOLUTION 03-004 A RESOLUTION DESIGNATING COMNIISSIONERS FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that are designated as Commissioners of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of , 2003. Chair Reviewed for Administration: Executive Director