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HomeMy WebLinkAboutCC PACKET 07141992 (2) Meeting Sheet 011. 1(;1 103119 a' Box: 30 �. Folder: C PACKETS 1990-1994 i Documeni CC PACKET 07141992 r; i, ha 11:'ll ,I ,!7!I fI ' ,Inti ' H.R.A. IMMEDIATELY FOLLOWING - REGULAR COUNCIL MEETING. • CITY OF ST. ANTHONY CITY COUNCIL AGENDA JULY 14, 1992 7:30 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF JULY 14, 1992 COUNCIL AGENDA. IV. APPROVAL OF JUNE 23, 1992 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. DORSEY & WHITNEY - $1,770.80. B. HANCE & LEVAHN - $2,400.00. C. HANCE & LEVAHN - $2,400.00. D. VERIFIEDS. VII. REPORTS. A. PLANNING COMMISSION JUNE 16, 1992 MINUTES. B. COUNCIL. 1. PURCHASE OF CABLE TELEVISION FRANCHISE. C. CITY MANAGER. 1. ISSUANCE OF DEBT. 2. NORTHEAST PARADE. VIII. PUBLIC HEARINGS. A. 7:30 P.M. - AUTUMN WOODS PARTNERS LIMITED-REFUNDING REVENUE BONDS (RESOLUTION 92-033). • CITY COUNCIL AGENDA • JULY 14, 1992 PAGE 2 IX. NEW BUSINESS. A. RESOLUTION 92-032,RE: SET PUBLIC HEARING DATE FOR APACHE TAX INCREMENT FINANCING. B. ORDINANCE 1992-006, RE: RECYCLING (1ST READING). C. MANNING'S RESTAURANT LEASE. D. RESOLUTION 92-034, RE: AGREEMENT WITH WASHINGTON COUNTY CONCERNING MACALASTER APARTMENTS REHABILITATION. X. UNFINISHED BUSINESS. A. ORDINANCE 1992-004, RE: LAKE RESTRICTIONS (2ND READING). XI. ADJOURNMENT. l C=T's OF ST ANT'`'%?"' P-GULAR COUNCIL M=rTII:G JUN.7 -2 3 , _ 992 6 - 7 8 1 . CALL- TO ORDER/PLEDGE OF ALLEGIANCE G 10 The meeting was called to order at 7 : 30 p .m. by Mayor Ranallo 11 who led the Pledge of Allegiance . 12 13 2 . POLL CALL 14 15 Council Present : Mayor Ranal lo , Councilmember Marks , Enrooth, 16 Fleming and Wagner 17 18 Staff Present : City Manager Burt and City Attorney Soth 19 20 3 . APPROVAL OF AGENDA FOR JUNE 23 , 1992 COUNCIL' MEETING 21 22 Motion by Marks , second by Wagner to approve the agenda for 23 the June 23 , 1992 Regular Council Meeting with one addition to 24 the Council Reports on establishing a date for a special 25 council meeting. 26 27 Motion carried unanimously 0 4 . APPROVAL OF JUNE 2 , 1992 COUNCIL MEETING MINUTES 31 32 Motion. by Marks , second by Fleming to approve the minutes of 33 the June 2 , 1992 Regular Council Meeting with the following 34 corrections : 35 36 page 9 , lines 37/38 : Delete the word "after" on line 37 and 37 add to the end of the sentence on line 38 " for further input 38 and review. " 9 � J 40 page 12 , line 23 : Change the word "Commission" to 41 "Commissioner" and add to the end of the sentence "Vice 42 President . " 43 44 Motion carried unanimously 45 46 5 . LICENSES,'PERMIIS/PETITIONS 47 -- -- 48 Contractor ' s License 49 --- 50 Motion by Marks , second by Wagner to approve the contractor ' s 51 license for Earle Weikle & Sons , Inc . of Minneapolis , Mn . 52 53 Motion carried unanimous..y I REGULAR CO'._iNCIL MFt7- 2 JUNE 23 , 1992 3 PAGE 2 • 4 5 6 Temporary 3 . 2 Beer Permit 7 8 Motion by Wagner , second by Fleming to approve the 3 . 2 9 temporary beer license for Joseph Johnsen for use in Central 10 Park on July 6 , 1992 from 11 : 00 a .m. until 10 : 00 p .m. 11 12 Roll call : Enrooth, Fleming, Wagner , Ranallo - aye 13 Marks - nay 14 15 Motion passes 16 17 Multiple Dwelling Licenses 18 19 Motion by Marks , second by Wagner to approve the multiple 20 dwelling license for the 42 units at 3817 Macalaster 21 Drive/Apache Manor LTD Partnership . 22 23 Motion carried unanimously 24 25 Motion by Marks , second by Wagner to approve the multiple 26 dwelling license for the 12 units at 3721 Chandler 27 Drive/Cameron Properties . 28 •29 Motion carried unanimously 30 31 Notion by Marks , second by Wagner to approve the multiple 32 dwelling license for the 45 units at 2626 Kenzie Terrace/ 33 Walker Senior Housing. 34 35 Motion carried unanimously 3 6 J 37 Motion by Marks , second by Wagner to approve the multiple 38 duelling license for the 58 units at 3800/3808 Macalaster 39 Drive/Macalaster Manor Partnership . 40 41 Motion carried unanimously 42 43 Heating License Renewals 44 45 Motion by Marks , second by Wagner to approve the heating 46 license application for EAH Schmidt & Associates , Inc . 47 of New Hope , Mn . 48 49 Motion carried unanimously 50 51 Motion by Marks , second by Wagner to approve the heating 52 license renewal application for Rapid Heating & A/C of 53 Crystal , Mn . 54 Motion carried unanimously • i REGULAR COUNCIL XEETING 2 JUNE 23 , 1992 PAGE 3 J 6 Motion by Marks , second by Wagner to approve the heating 7 license renewal application for Market Mechanical , of 8 Plymouth , Mn . 9 10 Motion carried unanimously 11 12 Motion by Marks , second by Wagner to approve the heating 13 license renewal application for Care Air Conditioning & 14 Heating, Inc . of New Brighton , Mn . 15 16 Motion carried unanimously 17 18 Motion by Marks , second by Wagner to approve the heating 19 license renewal application for Royalton Heating and Air 20 Conditioning of Brooklyn Park , Mn . � 2 Motion carried unanimously _ 3 24 Motion by Marks , second by Wagner to approve the heating 25 license renewal application for Brady Mechanical Services , 26 Inc . of Little Canada , Mn . 27 0 Motion carried unanimously 30 Motion by Marks , second by Wagner to approve the heating 31 license renewal application for Richmond & Sons Electric , dba 32 Golden Valley Heating and Air Conditioning of Golden Valley, 33 !'n . 34 35 Motion carried unanimously 36 37 Motion by Marks , second by Wagner to approve the heating 38 license renewal application 'for Fred Vogt & Company of St . 39 Louis Park , Mn . 40 41 Motion carried unanimously 42 43 Motion by Marks , second by Wagner to approve the heating 44 license renewal application for Dependable Indoor Air Quality, 45 Inc . of Coon Rapids , Mn . 46 47 Motion carried unanimously 46 49 Motion by Marks , second by Wagner to approve the heating 50 license renewal application for Home Energy Center of 51 Plymouth , Mn . 52 Motion carried unanimously _ =EGULP-R COUNCIL MEETIP�*G J'T'E 3 , 1992 PP.GE 4 • 4 J 6 Notion by Marks , second by Wagner to approve the heating 7 license renewal application for Standard Heating & Air 8 Conditioning Company of Minneapolis , Mn . 9 10 Motion carried unanimously 11 12 Motion by Marks , second by Wagner to approve the heating 13 license renewal application for Owens Services Corporation of 14 Bloomington , Mn . 15 16 Motion carried unanimously 17 18 Motion by Marks , second by Wagner to approve the heating 19 license renewal application for Centraire Inc . of Eden 20 Prairie , Mn . 21 22 Motion carried unanimously 23 24 Motion by Marks , second by Wagner to approve the heating 25 license renewal application for Sedgewick Heating & Air 26 Conditioning Company of Minneapolis , Mn . 27 28 Motion carried unanimously • 29 30 Motion by Marks , second by Wagner to approve the heating 31 license renewal application for Minnegasco , Inc . of 32 Minneapolis , Yin . 33 34 Motion carried unanimously 'S J 36 Motion by Marks , second by Wagner to approve the heating 37 license renewal application for Rouse Mechanical , Inc . of 38 Minnetonka , Mn . 39 40 Motion carried unanimously 41 42 Motion by Marks , second by Wagner to approve the heating 43 license renewal application for Dean ' s Heating and Air 44 Conditioning , Inc . of Cambridge , Mn . 45 46 Motion carried unanimously 47 48 Motion by Marks, second by Wagner to approve the heating 49 license renewal application for Yale Incorporated of 50 Bloomington , Mn . 51 52 Motion carried unanimously 53 54 COUNC�-L F7':7rNG JU N 7 2 1 0 9 2 PAGE 5 J E, PR--.S---NTATIO!i OF. CLAIMS 7 a A. Maier Stewart & Associates 9 10 Motion by Marks , second by Enrooth to approve payment in 11 the amount of $636 . 67 to Maier Stewart & Associates for 12 engin'eering services rendered from April 26 , 1992 through 13 May 30 , 1992 . 14 i5 These engineering services were for the Kenzie sidewalk 16 project . 17 is Motion carried unanimously 19 20 21 B . kmerican Bank 22 23 Motion by Marks , second by Enrooth to approve payment in 24 the amount of $7 , 716 . 25 to the American Bank. 23 26 This is for interest due . 27 0 Motion carried unanimously 30 C . Recreational Surfacers 31 32 Motion by Marks , second by Enrooth to approve payment in 33 the amount of $13 , 980 . 00 to Recreational Surfacers . 34 35 This firm resurfaced seven tennis courts and completed 36 the project on May 29 , 1992 . 37 38 Motion carried unanimously 39 40 D. Dorsey & Whitney Law Firm 41 42 Motion by Marks , second by Enrooth to approve payment in 43 the amount of $965 - 70 to Dorsey & Whitney law f irm for 44 professional services rendered through April 30 , 1992 on 45 various matters . 46 47 Motion carried unanimousl 48 49 E . Verified Claims 50 51 Motion by Marks , second by Enrooth to approve t'he five 52 pages of verified claims as submitted by the Finance Director . Motion carried unanimously 1 REGULAR COUNCIL MEETING 2 JUNE 23 , 1992 • 3 PAGE 6 4 5 6 Referrina to the claim submitted by Maier Stewart & 7 Associates for its work on the Kenzie sidewalks , 8 Councilmember Wagner observed that the firm' s work 9 includes inspection of the completed project . He stated 10 that the project is not yet complete therefore the 11 inspections cannot be done . 12 13 Motion by Wagner, second by Marks to remove the claim of 14 Maier Stewart & Associates and delay payment until the 15 project is completed and the inspections have been done . 16 17 Motion carried unanimously 18 19 7 . REPORTS 20 21 A. Council Reports 22 23 Report of Councilmember Wanner 24 25 Councilmember Wagner attended the League of Minnesota 26 Cities Annual Conference in Bloomington . He gave a brief 27 rundown of some of the workshops he participated in at 28 the Conference. • 29 30 Among the workshops he attended, Councilmember Wagner 31 felt the one which addressed public relations was well 32 done . Public relations is managing and shaping public 33 opinion as well as creating a positive City image . 34 Dealing with a crisis was an issue discussed. A crisis 35 was defined as any routine which does not go in a routine 36 manner . Public officials were advised to plan ahead for 37 a crisis rather than react to one . They were also 38 cautioned to be fair with the media and to use the media 39 as a public relations tool . He reported that budget 40 balancing is a critical issue this year and that seventy- 41 three percent of cities are raising fees and eighty-four 42 percent of cities are raising taxes . 43 44 Councilmember Wagner found the information presented at 45 the Mandates workshop discouraging. A specific issue , 46 that of the $5 . 21 which is being charged for water 47 testing, originally earmarked the funds to go into a 48 water fund . The Legislature has since decided to put 49 these funds into the State ' s General Fund . 50 51 Some of the other workshops Councilmember Wagner attended 52 were Influencing the Legislative Process , How to be a 53 More Effective Councilmember , Teamwork with the City • 54 Council and the Staff . He felt some of the information 1 �CJ?.z;R CC;UNC Ii r'E=TI?;G d p7-.GC 7 c J 7 available from these workshops applied to St . Anthony but 8 some of it did not . The Councilmember is of the opinion 9 that the City has a very cooperative and effective staff . 10 11 The " table talk" session he attended was facilitated by 12 Dave Childs , City Manager of New Brighton . "Eight sizing" 13 of the City , its needs and sharing capabilities were 14 discussed. Councilmember Wagner found this session very 15 informative . 16 17 The final session at the Conference , How Men and Women. 18 Communicate , presented by Dr . Kelly Ott , was of 19 particular interest to Councilmember Wagner . He noted 20 that even though some older studies were quoted from, the 21 information presented was still very timely and 22 informative . 23 24 Marilyn Carlson Nelson was a keynote speaker at the 25 Conference . Councilmember Wagner noted she was very well 26 received and there was a standing ovation for her at the 27 end of her speech . 9 The budget of the Community Service Advisory Council has 30 been completed and presented to the School Board. 31 Councilmember Wagner felt the. outstanding concern at the 32 present time is the future of day care . 33 34 Councilmember Wagner served as a judge of the Father and 35 Child Contest sponsored by the Apache Merchants 36 Association . There were about seventy entries . 37 38 Report of Councilmember Fleming 39 40 Councilmember Fleming also attended the League of 41 M.i-nnesota Cities Annual Conference . She felt the programs 42 available for family members were excellent and that the 43 League Planning Committee should be commended . 44 45 LMC President-Elect Larry Bakken was the speaker at the 46 annual banquet . He spoke about the high costs of federal 47 mandates and used Columbus , Ohio as an example . That 48 city ' s share of -costs to local government to accommodate 49 twelve environmental mandates over a ten year period will 50 be one billion , 88 million , 484 thousand dollars . 51 Councilmember Fleming expressed her amazement at these 52 costs . At a workshop she attended it was noted that the "good 1 REGULAR COUNCIL MEETING 2 JUINE 23 , 1992 3 PAGE 8 4 6 old days" for city councils are over . The individual 7 councils will need to provide residents with quailty and 8 councilmembers will need to know what residents expect 9 and how to meet these expectations . She noted that there 10 are always plenty of people who are willing to define the 11 problems but people who are willing to define the 12 solutions are needed . 13 14 Councilmember Fleming attended the recent Police 15 Department Open House . She felt it was first class . It 16 offered tours of the department , informative displays and 17 explanations from officers regarding specific tasks 18 associated with the D.A.R. E. Program, the Neighborhood 19 Crime Watch Program and weapons confiscated from 20 neighborhood criminals . 21 22 Volunteers and donations for the Silent Auction are 23 needed for Village Fest . Councilmember Fleming has 24 donation forms available to sign up for either of these 25 needs . Kim Bloom should - be contacted to schedule 26 volunteer hours . 27 28 The next Village Fest meeting is scheduled for Monday, 29 July 13 at 7 : 15 p .m. in the Community Center . 30 31 Councilmember Fleming has recently received two calls 32 from residents regarding noise from aircraft . She 33 contacted Metropolitan Airports Commission staff member , 34 Jeff Hamiel , to discuss these complaints . 35 36 Mr . Hamiel advised that even though the airport may be 37 busier than three or four years ago, or before the 38 merger , there are fewer flights each day than previously . 39 He felt there should be no noticeable difference between 40 the noise from 1986 to the present . 41 42 Councilmember Enrooth was of the opinion that the 43 aircraft noise does not appear to be as noticeable as it 44 was in the past . 45 46 Report of Councilmember Marks 47 48 Councilmember Marks also attended the League of Minnesota 49 Cities Annual Conference. He concurred with much of what 50 was said by Councilmembers Wagner and Fleming . 51 52 He attended a workshop where the substances being pumped 53 into the Mississippi River were discussed . • 54 Representatives of the Department of Natural Resources REGULAR COUNCIL MEETING JUNE 23 , 1992 3 PAGE 9 4 C J - 6 and the Metropolitan Waste Control Commission 7 participated in the .discussion panel . Councilmember Marks 8 discussed Silver Lake water quality with some of them. 9 10 He attended a workshop on Sister Cities and found it very 11 interesting. He noted that some cities have more than one 12 sister city . The City of St . Cloud have more than one 13 s.ister city . When a dignitary of any of their sister 14 cities is visiting St . Cloud there is a flag pole located 15 near the City Hall on which that sister city flag is 16 flown as a sign of welcome . 17 18 Referring to the Parade of Flags at the League 19 Conference , he found it very impressive and expressed a 20 wish that St . Anthony had a city flag. The Mayor was 21 reminded that a contest to pick a city flag was held a 22 few years ago and there were no entries . 23 24 The St . Anthony Sister City Committee is holding its 25 final meeting this week to prepare for the visit of 26 seventeen guests from Salo, Finland . The schedule for activities for them will .be finalized before they arrive on July 8th . They leave on July 16th . 29 30 Or. July 9th there will be an official welcome to the 31 visitors at 8 : 30 a .m. at the City Hall . On Tuesday, July 32 14th there will be a community picnic at Central Park for 33 the visitors and all residents are encouraged to attend. 34 This will be a potluck and attendees are encouraged to 35 bring a dessert or an entree: 36 37 The Kiwanis Club is hosting a luncheon for the visitors 38 on July 15th . 39 40 Councilmember Marks advised that all but one of the 41 visitors speak English fluently so there should be no 42 problem in communicating. 43 44 Councilmember Marks . related his recent experience in 45 visiting the State maximum security facility in Oak Park 46 Heights . He has a student in the facility and felt that 47 although there are many efforts put forth to rehabilitate 48 the prisoners it is still a miserable place to be . 49 50 Report of Councilmember Enrooth 51 Councilmember Enrooth felt interest in a City flag contest should be re-kindled . 54 I REGULAR COUNCIL MEETING 2 JUNE 23 , 1992 • 3 PAGE 10 4 5 6 Report of Mayor-Rana-110 7 8 The Mayor sent a thank you letter to the Police 9 Department and its officers for their work on the Open 10 House . He felt it was very well done and very well 11 received by the community . 12 13 On June 3rd the Mayor and Councilmember Wagner met with 14 the two representatives of the City Attorney ' s office and 15 a representative of Springsted, Inc . , the City ' s 16 financial advisors . The purpose of the meeting was to 17 discuss the possibility of a tax increment financing 18 district which would include Apache Plaza and the 19 possibility of a CUB store being located there . 20 21 Three proposals have been received from the Apache 22 Corporation regarding expansion of the shopping center . 23 Funds in the amount of 3 . 9 million dollars is being 24 requested for refurbishing of the shopping center. 25 26 The Mayor felt there would be considerable risk for the 27 City to advance any funding to this project . A proposal 28 was made to separate the CUB project from Apache Plaza . • 29 He noted that Apache is nearly ready to present its 30 proposals to the City ' s legal counsel and financial 31 advisors . It had been suggested that CUB purchase its 32 property from Apache . 33 34 Mayor Rana 110 suggested that a Special Council meeting be 35 scheduled for June 30th to discuss the proposed plans and 36 to set a public hearing for this matter . He requested 37 each Councilmember meet with the City Manager regarding 38 any concerns or questions they may have about this 39 project . 40 41 Motion by Marks , second by Wagner to set a Special 42 Council Meeting for June 30 , 1992 at 7 : 00 p.m. for the 43 purposes of discussing the Apache Plaza project . 44 45 Motion carried unanimously 46 47 48 Motion by Enrooth , second by Fleming ' to proceed with 49 Unfinished Business as the next agenda item. 50 51 Motion carried unanimously 52 53 •54 1 REGULAR COUI�-IL N.EETING JUKE 23 , 1992 PAGE i ' 4 5 S . UNF.INIS:�ED BUSINESS 6 7 A. Ordinance No. 1992-04 ; Re : Limit Surface Water Usage on 8 Silver Lake (First Reading) 9 10 At the May 12th meeting, members of the Council requested the 11 City Manager to answer , six specific questions regarding the 12 proposed lake ordinance . These questions addressed how many 13 calls have been received over the last three years on lake 14 related issues , effects of motor boats on lake quality, effect 15 of the ordinance on property values , the percent of lakes in 16 the metro area with restrictions , enforcement of the proposed 17 ordinance , and how other cities enforce restricted lake use 18 ordinances . 19 20 In his June 23rd memo, the City Manager advised that three , 21 calls have been received and they were all regarding the use 22 of jet skis . Two of these incidences happened in the last 23 month and the violators were not aware of the prohibitions 24 regarding jet skis . 25 26 The Department of Natural Resources has advised motor boat effects are felt in the shallower areas of a body of water . io The County Assessor responded that there is no clearly defined 30 impact on property values which border a lake with 31 restrictions . 32 33 There are 932 lakes in the seven county metro area . Of that , 34 .111 have City or County restrictions which is approximately 35 twelve percent . All Minneapolis lakes have use restriction 36 ordinances which are not included in the 111 . 37 38 A memo from Chief Engstrom stated that he has a major concern 39 kith the Police Department ' s ability to enforce those elements 40 of the ordinance pertaining to speed, hours , and direction of 41 travel without the resources to adequately patrol the lake on 42 a routine basis . He felt the Department would rely heavily on 43 citizens to make citizens ' arrests . He recommended that the 44 phrase "excess of five ( 5 ) miles per hour" be deleted from the 45 ordinance as it would be difficult to get a conviction without 46 the use of an accurate clock from a calibrated speedometer or 47 radar gun . The Chief concluded that the Police Department will 48 do its best to cooperate in the enforcement if the ordinance 49 is approved but views it as another burden of nuisance type 50 calls . 51 52 The City Manager advised that lake use ordinances in other cities are enforced by their respective County Sheriffs . He felt that the Ramsey County 'Sheriff ' s Office would probably I REGULAR COUNCIL N.rZTING 2 JUNE_ 23 , 1992 • 3 PAGE 12 4 5 6 not respond . If a resident were to call City Hall they would 7 be referred to the Ramsey County Sheriff . The local police 8 department would respond to life and death emergency 9 situations . 10 11 Doug Jones , 2505 Silver Lane , who supports the ordinance , 12 stated he feels it would not be responsive to nuisance type 13 calls which occur at the public landing at Silver Lake . He 14 also is of the opinion that enforcement would be effective if 15 the ordinance were posted at the public access landing. 16 17 The City Manager received a call from Mrs . Borg who stated her 18 opposition to the ordinance . 19 20 Charles Finn , 2709 Silver Lane, related his recent experience 21 with a large, fastmoving boat on Silver Lake . He advised that 22 a representative from the Hennepin County Sheriff ' s Department 23 responded to his call and resolved the matter . Mr . Finn stated 24 that Minnesota has the second highest number of DWI citations 25 issued. 26 27 While attending the recent League of Minnesota Cities 28 Conference , Councilmember Marks discussed the matter of lake 29 violations with representatives of the Metropolitan Waste 30 Control Commission and the Department of Natural Resources . 31 They advised that motorized craft stirs up the bottom of a 32 lake and degrades the water quality. Noting that Silver Lake 33 is very shallow, Councilmember Marks feels there will be 34 severe damage done to the lake if motorized craft are allowed 35 to continue to use it . He noted that the lake is part of the 16 Rice Creek Watershed chain and if it is left alone , it will 37 act as a filtration body of water . �c J L' 39 Councilmember Marcs stated that there is considerable risk in 40 using motorized craft on Silver Lake and this activity 41 detracts from its peacefulness . Safety issues are also a 42 concern . He concluded that only non-powered boats should be 43 permitted on the lake. 44 45 Jerry Faust , 4033 Silver Lake Terrace , advised that the 46 Department of Natural Resources uses Silver Lake as a hatchery 47 for a stocking pond. He felt all of the incidences of 48 misconduct that were cited are already covered by state 49 statute and are enforceable . Mr . Faust felt the ordinance 50 would legislate the exception rather than the general rule and 51 that family recreation would be eliminated . 52 53 Councilmember Wagner inquired if Sections 2 and 3 were 54 necessary for inclusion in the ordinance . The City Attorney I REGULAR COUNCIL IIvG JUNE 23 , 1992 PAGE 13 5 6 responded that they are required by law. 7 8 The City Manager felt some of the problems which stemmed from 9 motorized craft were because new owners did not know how to 10 operate their boats . He felt if the rules were posted the 11 boatowners would probably be very cooperative . 12 13 Motion by Enrooth, second by Marks to approve the first 1.4 reading of Ordinance No. 1992-004 . Roll call : Marks , Enrooth , Wagner - aye Fleming, Ranallo - nay 20 Motion passes 21 22 23 The second reading of Ordinance No . 1992-004 is scheduled for 24 July 14 , 1992 . 25 26 B. Discussion of Proposed Ordinance No . 1992-005 , Re : 27 Parking Restrictions 40 Mayor Ranallo read Ordinance No . 1992-005 . He stated that at 30 a previous Council Meeting many residents who were opposed to 31 the passage of the ordinance stated their opposition . He 32 encouraged any residents at this meeting to also state their 33 positions and noted that no one has publicly spoken in support 34 of the ordinance . 35 36 Councilmember Fleming has received many calls from residents 37 both supportive and opposing the ordinance. She suggested that 38 since this issue was rai-sed by residents a committee of 39 residents be formed to address it . She recommended that the 40 committee have six members who represent different viewpoints 41 and that the committee be facilitated by the City Manager . 42 43 The City Manager noted that the services of Mediation Services 44 are available for situations such. as this . Councilmember Marks 45 felt this could be a divisive issue and could result in 46 conflicts between neighbors . Councilmember Fleming was of the 47 opinion that some of the problems have not been addressed 48 because neighbors do not want to negatively affect a very 49 amicable relationship already in place . 50 51 Motion by Wagner , second by Marks to postpone indefinitely the 52 first reading of ordinance No . 1992-005 and to establish a Task Force to report back on their findings to the City Council through the City Manager . I REGULAR COUNCIL MEETING 2 JUNE 23 , 1992 3 PAGE 14 4 5 6 Mayor Ranallo advised that some residents.- have already 7 indicated their willingness to serve on a Task Force . 8 9 Motion carried unanimously 10 11 12 A letter was received from Gene and Flora Austin , 3213 31st 13 Avenue stating their opposition to the ordinance . 14 15 16 REPORTS (cont . ) 17 18 B. _Report of the City Manager 19 20 1 . Rectuest of Doug Jones , 2502 Silver Lane , for an Extension 21 of a Building Permit 22 23 Mr . Jones took out a permit on June 25 , 1991 to build a 24 gazebo . He stated this was done before a variance was 25 required . He noted that no time limit is stated on the permit 26 and he was not aware there is a six month time limit on 27 permits . He recommended that the time limit be written on the 28 face of each permit . 29 30 He did not complete the work for which the permit was issued . 31 In November he stated this to the Public Works Director who 32 advised him an extension could be granted . He was not advised 33 that the extension must be requested in writing. 34 35 Mr . Jones has contacted all of his neighbors within 350 feet 36 of his property and they all agreed in writing that the 37 proposed placement was acceptable to them. 38 39 He originally intended to request a one month extension , but 40 since the permit expired on December 25 , 1991 , he is 41 requesting an extension of seven months . He expects to 42 complete the project within ten days . The amended plans for 43 the gazebo have resulted in its placement further from the 44 lake and smaller dimensions . Mr . Jones feels this will 45 probably not comply with the new ordinance . This ordinance was 46 approved after Mr . Jones was issued his permit in June of 47 1991 . 48 49 The City Attorney advised that property owners do not have 50 vested rights in zoning and an ordinance change will affect 51 something which has not been built . 52 53 Noting that the ordinance changes was approved in August of • 54 1991 , Mayor Ranallo stated that the proposed gazebo would have 1 r.EGULAP. COUNCIL MEETING JU?:E 23 , 1992 PAGE 15 4 c J 6 been non-conforming before its construction was even begun . 7 Councilmember Fleming expressed her concerns with the Council 8 approving this request thereby making it retroactive and 9 setting a precedent by extending a permit for seven mon-ths . 10 11 The City Attorney cautioned the Council that it would be 12 extending a permit for seven months for a structure prohibited 13 by ordinance . 14 15 Mr . Jones stated he felt he had received a verbal extension 16 from the Public Works Director . Councilmember Fleming advised 17 he can still build a gazebo but it must meet ordinance i8 requirements . 19 20 The City Manager advised this structure must be located 21 seventy-five back from the shoreline as mandated by the 22 Department of Natural Resources . The City ' s recodification 23 will include the DNR requirements . The gazebo will be viewed 24 as a structure with a roof of a non-pervious surface . The DNR 25 is always concerned by water runoff . 26 Doug Jones felt there would only be a visual impact . He stated that the landscaping would facilitate water runoff . 29 30 The Mayor felt there is no way for the Council to extend the 31 permit legally. 32 .33 Motion by Wagner , second by Ranallo to deny the extension of 34 the permit on the grounds that it is not allowed under the new 35 ordinance . 36 37 Roll Call : Marks , Fleming, Wagner , Ranallo - aye 38 Enrooth - nay 39 40 Motion passes 41 42 43 2 . Water Conservation 44 45 A press release has been issued asking St . Anthony 46 residents to voluntarily observe an odd/even sprinkling 47 schedule . The peak hours for water demand are from 3 : 00 48 p .m. to 10 : 00 p .m. and when lawns are sprinkled between 49 10 : 00 a .m. and 7 : 00 p.m. as much as seventy-five percent 50 of the water evaporates . 51 2 Residents are being requested to sprinkle their lawns before 10 : 00 a .m. and to water lawns on an odd/even schedule . Residents with house numbers ending with an odd 1 REGULAR COU? CIL MEETING 2 JUNE 23 , 1992 3 PAGE 16 4 5 number could water their lawns on odd numbered days and 6 residents with house numbers ending with an even number 7 could water their lawns on even numbered days . 8 9 3 . Storm Water Utility 10 11 The City Manager advised that Dennis Palmer of Barr 12 Engineering will be attending the next Council work 13 session and the first Council Meeting in July . He will be 14 presenting his report on the storm water utility study . 15 16 This study will include information on the entire City 17 and a recommended $12 . 00 charge for each lot which will 18 establish one rate for each parcel . 19 20 The City Manager noted this issue does not require a 21 public hearing. 22 23 4 . Status Report on Pirino Property 24 25 The deadline for complying with City ordinances was 26 extended to June 23 , 1992 on the Pirino property on 33rd 27 Avenue . League of Minnesota Cities ' legal counsel had 28 recommended that prosecution procedures for building 29 violations be initiated by the City if there is no 30 compliance nor any response from Mr . Pirino ' s attorney by 31 June 23rd . 32 33 34 9 . PUBLIC HEARINGS 35 36 There were no public hearings . 37 38 10 . NEW BUSINESS 39 40 A. Award of Bid for Procurement of Granulated Activated 41 Carbon and Related Services 42 43 The City received one bid for the procurement of 44 granulated activated carbon and related services . The 45 contract offered by the one bidder , Calgon Carbon 46 Corporation ' is for four years at an estimated eighty- 47 nine cents per pound . 48 49 Motion by Marks , second by Enrooth to approve the four 50 year contract for the procurement of GAC (granulated 51 activated carbon ) and related services from Calgon Carbon 52 Corporation for an estimated $690 , 800 . 00 . 53 54 Motion carried unanimously I REG;LAR COUNCIL ME7-.rTNG 2 JUNE- 23 , 1992 PAGE 17 5 6 7 B . Award Bid for Emergency Generator 8 9 Two bids were received for the emergency generator at the 10 GAC plant . 11 12 The City Manager advised that State funds will pay for 85 13 to 90 percent of this purchase . 14 15 Motion by Marks , second by Enrooth to award the bid for 16 the emergency generator to Flaherty Equipment Corporation 17 in the amount of $41 , 707 . 00 . 18 19 20 Motion carried unanimously Z1 C . Resolution No . 92-029 , Re : Amendment 3 of the Granulated 25 Activated Carbon Contract with the Minnesota Pollution 26 Control Actency 27 Motion by Marks , second by Fleming to approve Resolution No . 92-029 being a resolution approving Contract 30 Amendment 3 of the St . Anthony granular activated carbon 31 water filtration plant contract and authorizing the Mayor 32 and City Manager to execute said contract on behalf of 33 the City of St . Anthony . 34 35 36 Motion carried unanimously 7 3 J 38 39 D. Resolution No . 92-030 , Re : Call for Public Hearing on 40 Amendments to Kenzie Terrace Tax Increment Financing Plan 41 42 Via approval of this resolution , the public hearing will 43 be scheduled for July 28 , 1992 . 44 45 Motion by Marks , second by Enrooth to approve Resolution 46 No. 92-030 being a resolution calling for a public 47 hearing on 1992-B amendments to the Kenzie Terrace 48 Redevelopment Plan and the Kenzie Terrace Tax Increment 49 Financing Plan . 50 51 52 Motion carried unanimously I REGULAR COUNCIL MEETTNG 2 JUNE 23 , 1992 3 PAGE 18 4 5 6 E . Resolution No . 92-031 , Re : Call for Public Hearina on 7 Refunding Bonds for Autumn Woods Partners 8 9 The City Manager advised there will be a limited 10 partnership rather than a general partnership put into 11 place for the operation of Autumn Woods . 12 13 The City Attorney noted that there will be more equity 14 money available from a limited partnership . 15 16 To avoid conflicts of interest , the Mayor requested staff 17 research who the limited partners are. 18 19 Motion by Marks , second by Wagner to approve Resolution 20 No . 92-031 being a resolution calling for a public 21 hearing on the issuance of bonds to refund the housing 22 development revenue bonds (St . Anthony LaNel Project ) 23 series 1988 of the City . 24 25 Motion carried unanimously 26 27 Via passage of this resolution, the public hearing was 28 scheduled for July 14 , 1992 at 7 : 30 p .m. 29 30 11 . ADJOURNMENT 31 32 Motion by Wagner, second by Ranallo to adjourn the meeting at 33 9 : 36 p.m. 34 35 Motion carried unanimously 36 37 38 39 40 Respectfully submitted, 41 42 43 44 Jo-Anne Student , Council Secretary 45 46 47 48 49 Mayor Clarence Ranallo 50 51 ATTEST : 52 City Clerk 53 54 DORSEY & `YHITNEY � 1'.YTat wa nre I.r'tr t•rYn I'Y(r-r.arna.! ('nY MY.Ttu.a I P.O. BOX 1680 • .\11\\EAPOLIS, NIIN\ESOTA 55480-1680 (612) 340-2600 (Tax Ideetl(tlet(oe No. 11.0233337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony Minnesota Attn: Mr. Thomas D. Burt June 23, 1992 3301 Silver Lake Road Invoice No. 282088 Minneapolis M 55418 For Legal Services Rendered Through 05/31/92 Bus Shelter Easement 95.00 Report to Auditors 255.00 Home Inspections for Sump Pump Connections 265.00 Silver Lake-Tater Quality 105.00 Water Treatment Facility 130.00 Conditional Use Permit for Shiek's 140.00 Pirino Violations 85.00 Attend Council Meeting 380.00 Review agenda materials and minutes; discussions , with City Manager 260.00 Total For Services $1,715.00 Plus DisbursEments Per Attached $55.80 Total This Statement $1,770.80 WRS/615 • &-mice charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYNIENT'DUE. UPON RECEIPT LAWOFFICES STATEMENT OF ACCOUNT HANTCE & LEVAHN �T ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE: June 6, 1992 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS,MINNESOTA 55418 PLEASE AND RETURN THIS Thomas D. Burt, City Administrator PORTION W THHYOUR REMITTANCE City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 (M) a AMOUNT REMITTED $ RE: Village Prosecution DATE DESCRIPTION0 00 $ PAYMENTS CREDITS & ACCOUNT ADJUSTMENTS UNPAID PREVIOUS BALANCE., FINANCE CHARGE PROFESSIONAL SERVICES 2,400.00 Legal services rendered for-the month - of June, 1992, relative to St. Anthony prosecutions. CURRENT FEES NEW BALANCE DUE MINIMUM PAYMENT DUE $ I Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than$1.00,with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: HANCE & LEVAHN See reverse side for Important Information. LAW OFFICES STATEMENT OF ACCOUNT HANCE & LEVAHN INT ANTHONY NATIONAL BANK BUILDING.SUITE 2DO DATE. July 8, 1992 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS.MINNESOTA 55418 Thomas D. Burt, City Administrator PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE. City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 (M) a AMOUNT REMITTED $ RE: Village Prosecution -----------------�-------------------------- . DATE DESCRIPTION • $ PAYMENTS CREDITS & ACCOUNT ADJUSTMENTS • UNPAID PREVIOUS BALANCE 2,400.00 FINANCE CHARGE PROFESSIONAL SERVICES 2, 400.00 Legal services rendered for the month of July, 1992, relative to St. Anthony prosecutions . CURRENT FEES NEW BA LANCE DUE $ 4j00 .00 MINIMUM PAYMENT DUE $ • Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than$1.00,with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN BRC__FINAN_CIALSYSTEM__ ST _ ANTHONY VIII 07/09/92 12: 14 Check Register GL540R-VO4.09 PAGE ~ BAMK- VEIL_QR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 000235 A T & T INFORMATION SYST 2908 07/15/92 41 .33 L ' 000020 AA BATTERY CO 2.909 07/15/92 53.20 -0120 AMERICAN_LINEN 29]0-0-7/1,192 43.05 000125 AMERIDATA 2911 07/15/92 542.06 008100 B & T CLEANING SERVICE 29.1.2. 07/15/92 1 ,278.00 -_-000280 BARZON_C-ON-TRACTING291y07/15/92 104 49 000320 BEISSWENGER APPLIANCE 2914 07/15/92 89.20 008153 BOB 'S PERSONAL COFFEE SE 2915 07/15/92 84. 46 0.0-0535 RU.RFAU nF CRIMTNA1 APPRF ?91 A 07/is/92 240-00 ' 005116 CABLE TV NORTH CENTRAL 2.917 07/15/92 9.59 " 000610 CATCO CLUTCH & TRANS SVC 2918 07/15/92. 1 ,072.39 �'- 0-02335 CELLULAR ONE 2.91 9o:z I 1F,1 2 10248 005198 CENTRAL LOCK & SAFE CO 2920 07/15/92 9.00 f kc, .00001 CHESLEY TRUCK SALES 2921 07/.15/92 21 :36 21i 0OR108 CITY OF ST PAUL 2922 07!15192 16 00 000685 COAST TO COAST 2923 07/15/92 245.87 000625 COPY DUPL PRODUCTS 2924 07/15/92 217.50 0002_rRDWN-FZUGE & WIRD, CO 2925 07/15/92 168 :76 008028 . CROWN MARKING INC 2926 07/15/92 55.85 F;i 000780 CYS MENS WEAR.. 2927 07/15/92 149.,65 �09Q1� O'�CCtSTIMO,�TONY 2428 07T 192 45 00 005048 DPC INDUSTRIES INC 2929 07/15/92 263.54 000200 EARL ANDERSON ASSOC 2930 07/15/92 626.29 0003 EMER_G-F_UCY LITE SERV CTR 2931 07T15/9.2 116 28 000920 FEED RITE CONTROLS 2932 07/15/92 2,013.14 ,Z 008064 FLEMING%DOROTHY 2933;.07/;15/92 `. . 65.,80 ,3 C100975 F-IITTIEIMARSHAI I CONCRET -2-93.4-07/15/92 , 299 70 001025 G & K SERVICES 2935 07/15/92 87 . 15 001030 G & K SERVICES 2936 07/15/92 173.05 00114 6UINE PARTS COMPANY 2437 97/15/92 10.04 001180 GOODIN COMPANY 2938 07/15%92 320.08 -I 001230 GOPHER STATE .ONE CALL 2939 07%.1.5 92 20.-00 , ..� / , :70-57 �ga`n n�Y /oma 7 G(1R1�-E�tWE' nr,.�NG SI�JPPI� 001250 GRAINGER INC/W W 2941 07/15/92 217. 18 I� .00001 HAAKE/LAUREL 2942 07/15/92 25.00 ^0002 4:A -T_1_Y-/-DAVIR 29%4 -07/15/92 -50-00 .00003 HEIDEMANN/THOMAS 2944 07/15/92 50.00 -- 005017 HENNEPIN COUNTY TREASURE 2945 07/15/92 1 ,266.60 ----- 00004 ,u1-l_a�/-E7RWT-N ?x.46-07-/-1 5 0- 7; .00005 JAaTRAMSKI/CHARLOTTE 2947 07/15/92 15.00 -� .00006 JOHNSON/t_OWELL 2948 07/15/92 15.00 - ----00-7-230 K-&V-L-IGH-TUNG 294-- 0.7 -1�/9? 150 9 001960 l_AYNE MINNESOTA CO 2.950 07/15/92 63.83 000715 l_EEF BROS 2951. 07/15/92 3.40 2-95?-4-7 a/97 32.,-40 - 002130 MAMA 2953 07/15/92 1.2. .00 . 00007 MCINTOSH/CINDY 2954 07/15/92 50.00 ----0022 QO---MEDICAL- OXYGEN-&-€-QUI-P-MF 2955-07-/-15/92 -- 45-.-12 -RRC--FINANC-I-AL--S^Y-STEM l'T_-ANTUON _v_I_L.l. , - � 07/09/92 12: 14 Check Register GL540R-VO4.09 PAGE ----- BANK------ VENDOR rHErCK# AT-E -AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING -- 002240 METRO WASTE CONTROL 2956 07/15/92 2,079.00 - 002280 MIDWEST ASPHALT CORP 2957 07/15/92 534.76 - 000045--M.I-DWE.ST-St1S1-NESS-P-RODU.CT2,958-07 ,15/_92 390 91 002,380 MINNEGASCO INC 2959 07/15/92 623. 16 =-- 005108 MN DEPT OF PUBLIC SAFETY 2960 07/15/92. 40.00 - - --005232.MURPIiY-RADII-A-T-OR ^-9fi1-U7�-1_5/-92- 7Q_oO 005144 NAT' L FIRE PROTECTION AS 2962 07/15/92 48.70 008149 NITTI DISPOSAL, INC. 2963 07/15/92 290.80 ^0005--NOR-T44E-RN-SANS TAP_Y aUP-P Y 2-964 071 5/9-2 49.7 002680 NORTHERN STATES POWER 2965 07/15/92. 7 ,616.38 = 007043 NORTHERN STATES POWER 2.966 07/15/92 1 ,850.48 -.-0000 3 OL-SON/-CTNDY 29->- 07/1/92 X2,42 = 007217 PARTS PLUS 2968 07/15/92 175.74 002840 PERA 2969 07/15/92 140:95.. z 0 0 DFFTFFER/RI 2970 07/�5/a2- t,02I36v- _ _ �'HI1RD ,_�-.--o��,.-s��,�. 002880 PITNEY BOWES INC 2971 07/15/92 53.25 .00006 PLUNKETT 'S INC. 2972. 07/15/92 61 .53 25 F --00009 PRQMcB€R OKN 2-973 07T15/92 ..50.00. 005098 R M A A 2974 .07/15/92 005248 RITZ CAMERA CENTERS 297:5::07/15/9250.82 -Or7-025 ROBINSON IAN "INC '2976 0:7/15,/-92 63�90 ,a9 003080 ROLLINS OIL CO 2977 07/15/92 6,825.00 003100 ROSEDALE CHEVROLET 2978 07/15/92 99.33 - 00.3.1-2-0--RUFF IDG EQUIP2°7-`�:07T/-15/92 003140, S8S TREE SPECIALISTS INC :'2980 :,07/15/92 '.. 234:30. , 003200 SAVOIE SUPPLY CO ;2981,;07/15/92 :16.20; 3i 007047 tCHI ITTA^I SS A 6WAR€ 2 �'L07/15/92 2� v��»-r v�v�rc,-r ■'7 d� H�IR 003315 SERCO LABORATORIES 2983 07/15/92 433.00 .00010 SHERMANN/ANTHONY 2984 07/15/92 56.00 03460SRP Tom- A#E--PARK-L-LIP3F�SRe 2485-07/15/92- � .. - r ' 007190 STATE- SUPPLY COMPANY 2986 07/15/92 411.42 ; a, 003480 . " . STATE.-TREASURER , 2987: :07/x5/92 -007-045 `zToTE `TREAShRFR 005191 STEWARTS BLDG MART 2989 07/15/92 19.24 ' J 003490 STREICHER'S 2990 07/15/92 569.51 007-181 SUB-URBAN--PROPAUE C, 14287 142 87 007044 TWIN CITY JANITOR SUPPLY 2992 07/15/92 339.65 008021 U.S. WATER NEWS 2993 07/15/92 44.00 "= 0036-7-0 IN7 FnQMS-i lUl I M T 2994 ^/�/P.2 335 39 = � 008133 URBIA/DAVID 2995 07/15/92 43.96 -� 002.700 US WEST COMMUNICATIONS 2996 07/15/92 601 .83 - --- .-00007 V-TL-AGE--CARDE-4ERS- 299. -7-A .- /-92 9S-7A 003720 W W GENERATOR REBUILDERS 2998 07/15/92 77.71 003735 WASTE MGMT 2999 07/15/92 194.56 REEF-R 3000-07-/-15/-9 50-.-00-- J FIRSTAR ST . ANTHONY CHECKING 36,304.26 i CITY OF ST . ANTHONY PLANNING COMMISSION MEETING 4 JUNE 16 , 1992 6 7 8 1 . CALL TO ORDER 9 10 Chairman Faust called the Planning Commission Meeting to order 11 at 7 : 30 p.m. 12 13 14 2 . ROLL CALL 15 16 Commissioners Present : Thompson , Franzese, Gondorchin , Murphy, 17 Madden and Chairman Faust 18 19 Commissioners Absent : Werenicz 20 21 Staff Present : Management Assistant Urbia 22 23 24 3 . APPROVAL OF MINUTES OF PREVIOUS MEETING 25 26 Motion by Murphy , second by Madden to approve the minutes of 7 the May 19 , 1992 Planning Commission meeting with the following corrections : 30 page 6 , line 16 : Change the word "bodies" to the singular 31 "body" 32 page 7 , line 16 : Delete the word " for" at the end of the line 33 page 8 , line 50 : Add to the end of the sentence the following, 34 "at this time, due to limited information . " 35 page 9 , line 24 : Insert between "no." and "preference" the word 36 "current" and add to the end of the sentence the following, 37 "due to limited information . " 38 page 18 , lines 32/33 : Delete "Commissioner Gondorchin" to 39 replace with "Councilmember Wagner" . 40 41 42 Motion carried unanimously 43 44 45 4 . PUBLIC HEARINGS 46 47 There were no public hearings . 48 49 50 5 . MISCELLANEOUS 51 52 A. Concept Review - Land Use for South End Development COMMTSCION JUKE 16 , 1992 • 3 PAGED 4 5 6 7 Urbia advised that the City Council did approve the 8 recommendations made by the Planning Commission regarding the 9 South End Development . They were to extend the Tax Increment 10 District and to acquire the parcels where Rosie ' s Restaurant 11 and the Good Luck Cafe are located . 12 13 He noted that the Planning Commission did not make a 14 recommendation regarding land use . Members of the Planning 15 Commission had requested staff to find a definition of land 16 use. Urbia stated that none had been found from a Planning 17 perspective and that the consultant from BRW stated there is 18 no definition available from that perspective . It was 19 suggested that a definition could reasonably include land use 20 from the standpoint of aesthetics and community needs . From an 21 appraiser ' s viewpoint it could be based on economic or land 22 value . 23 24 Chairman Faust felt the two definitions for the highest and 25 best use are not similar from an appraiser ' s position and that 26 of a planner ' s position . 27 28 Noting that there were residents and business owners in • 29 attendance at the meeting , Commissioner Franzese stated that 30 the agenda could be amended to take comments from these people 31 is they so chose . All attendees were present to listen to the 32 discussion regarding the South End Development . 33 34 Urbia set up Plan D of the Development for review on an easel . 35 36 Chairman Faust suggested that the Planning Commission focus on 37 making recommendations on the best use of the property where 38 the Good Luck Cafe and Rosie ' s Restaurant are presently 39 located . 40 41 Commissioner Franzese stated she is unable to make a 42 recommendation without more data . Specific information 43 regarding the economics of the development and what dollars 44 will be realized by the City with certain types of development 45 she felt were needed. 46 47 Commissioner Gondorchin agreed and noted he would like to know 48 the tax benefits of certain zoning both for commercial and 49 residential . 50 51 Commissioner Madden inquired what the dimensions of the two 52 lots were and what portion of them fronted on the street . 53 Urbia did not have the dimensions but noted that it has been • 54 recommended to line up the two lots when they are developed J ti'`: PEGS 3 4 5 E 7 with adjacent house lots . O U 9 Commissioner Murphy felt the parcels appeared to be 10 approximately 40 , 000 square feet . A high rise could be built 11 in this location but Commissioner Murphy felt this would be 12 unlikely. He also suggested a development should be considered 13 of a structure which would bridge the gap between single 14 family and multiple family dwellings . Compatibility to 15 adjacent structures should be a consideration . He also felt 16 there is a need to know the market demand for certain types of 17 structures to make this project successful . 18 19 The Chairman noted that the City Manager had quoted a price of 20 $45 , 000 for each lot and this may not make them very 21 attractive . Regarding the mulitiple use prospect , the Chairman 22 recalled that BRW had suggested single family dwellings would 23 be the highest and best use for the two parcels . 24 25 The Management Assistant noted that BRW recognized that homes 26 and residential lots sell .for quite a high price in St . 7 Anthony. The Chairman observed that in none of the plans was the lot where Rosie ' s Cafe presently is located was commercial usage recommended . It was stated that commercial property 30 taxes are based on income from the business . 31 32 Chairman Faust inquired if the appraisal for Rosie ' s Cafe has 33 been received yet . Urbia responded that it is expected soon 34 but that the appraisal company has a backlog. The Chairman 35 hopes that the appraisal will address the highest and best use 36 of the property in the narrative section of the appraisal . 37 Urbia felt this would be a possibility in that the planner 38 from BRW took input from the Task Force regarding this issue . 39 40 Commissioner Franzese observed that the monetary effects and 41 aesthetics go hand and hand with the highest and best use of 42 property . 43 44 Commissioner Gondorchin inquired if there can be any influence 45 or restrictions put on the sale of these parcels regarding 46 potential buyers . 47 48 Urbia responded that the City can put these types of 49 restrictions on land sales . Commissioner Gondorchin observed 50 that the restrictions would apply only to the initial 51 purchaser and would not be binding on successive buyers if the 52 first buyer ' s business failed . Then the City would only have 0 control which is granted by ordinance requirements . 1 P'� P1d11 �'71 2 JUNIE 16 , 1 9 9 :�' • 3 PAGF 4 5 6 7 The Chairman observed that the highest and best use of a 8 parcel may be realized by what the market dictates . He gave 9 the example of Monarch which is adjacent to railroad tracks . 10 He felt if this business were to change the property would 11 still never attract residential property owners . 12 13 Commissioner Murphy suggested that to view this in an economic 14 sense should include what the project may do to increase the 15 value of neighboring properties . 16 17 Commissioner Madden observed that the moratorium expires in 18 August of 1992 , but can be extended six months . He also 19 observed that the South End Task Force was heavily weighted 20 with property owners who reside or own property in that area . 21 22 Commissioner Franzese noted it was unfortunate that some 23 member of the Planning Commission did not serve on the Task 24 Force and that members of the Planning Commission did not have 25 an opportunity to discuss this matter with the planner from 26 BRW. She felt some of the questions being asked tonight could 27 have been answered by the planner . 28 •29 Con-nissioner Gondorchin again stated he feels the Commission 30 needs more data to make a reasonable recommendation . He also 31 addressed some material which suggested that the Rosie ' s 32 Restaurant and Good Luck Cafe properties had been recommended 33 for from two to five lots . He feels a clarification is needed 34 on this matter . 35 36 The Chairman felt the expansion of the service station was a 37 mute point at this time . The owner can expand when the 38 moratorium is lifted and the current zoning is commercial so 39 there probably will not be a need for a variance . He 40 questioned if this matter is pertinent to the discussion and 41 whether is was really the business of the Planning Commission . 42 43 The owner of the service station , Roger Bona , stated he has 44 inmproved the appearance of his property significantly over 45 the years . He is very much concerned with the appearance of 46 his property as well as- the appearance of the surrounding 47 areas . He recognized that this is the gateway to the City and 48 feels it needs a considerable amount of improvement , 49 especially aesthetically . Mr . Bona stated he wishes to avoid 50 any conflict regarding his property and is a " team" player in 51 this matter . He offered to leave the meeting if this were the 52 desire of the commissioners . 53 •54 CC)'1."TSSIVw jUNL 16 , 1992 PAGE 5 J 6 7 Chairman Faust thanked Mr . Bona for his comments and assured 8 him it was not necessary to leave . 9 10 Commissioner Franzese suggested that Mr . Bona is not only a 11 physical presence in the area but a business presence who 12 generates a good deal of good will and business in nearby 13 areas . She inquired what he would envision as the highest and 14 best use of the property , commercial or residential . 15 16 Mr . Bona responded that presently the back and two end sides 17 of the shopping center are very visible . He suggested that 18 murals could be painted on the building and trees and lighting 19 could be affectively used to give the shoppi.ng center 20 character . He is quite concerned with the urban decay which 21 appears to be coming up from Central Avenue . 22 23 Mr . Bona ' s preference for the property would be a commercial 24 enterprise such as a strip mall with businesses which would 25 not generate a great deal of traffic nor be disruptive to the 26 neighboring residential area . He noted that the use of brick 7 is very effective and long lasting. Mr . Bona was disappointed with the use of white brick at Autumn. Woods . 30 Another resident at the meeting stated he is also concerned 31 with urban decay and the value of. his property . He is a four 32 year resident of St . Anthony . He feels the service station is 33 not the problem but the two cafes were problems as are the 34 lack of landscaping and the traffic patterns . He requested he 35 be kept informed as to this development . 36 37 The Chairman recapped the questions/concerns of the Planning 38 Commission . They are , a need to know whether income or 39 aesthetics are the primary concern with the highest and best 40 use ; what funds will be derived from the development ; the 41 appraisal of Rosie ' s Restaurant ; the definition of highest and 42 best use ; and the rationale used by BRW to recommend single 43 family dwellings . 44 45 An ,option for the Rosie ' s Restaurant parcel could be designate 46 it as a recreational area . The Chairman felt this could be 47 considered . Commissioner Madden felt this .was not a viable 48 option . 49 50 Commissioner Murphy suggested office space with services 5i aeared toward -e community could be considered if there were 52 a zoning for that which would differentiate between business and retail . The Chairman advised that there is a "B" zone already . Commissioner Gondorchin saw an irony in this I PLANNING COMMISSION 2 JUNE 16 , 1992 • 3 PAGE 6 4 5 6 7 situation in that some residents do not want a commercial 8 zoning yet if it were zoned residential some one would have to 9 live on a busy street across from the fire station and the 10 liquor store . 11 12 Mr . Bona suggested that this may be an opportunity for private 13 investment where people could develop private enterprise which 14 would be "quiet " businesses . 15 16 17 B. Concept Review - Hospice in a Residential Zone 18 19 Staff has been contacted by the owners of a hospice regarding 20 the potential of placing one of these facilities in St . 21 Anthony . Presently, this type of facility would be allowed 22 under R-3 and R-4 zoning but not in R-1 or R-2 . 23 24 Chairman Faust observed that the proposed Housing Maintenance 25 Code Ordinance is recommending no more than five unrelated 26 people could reside in the same house . 27 •28 Commissioner Gondorchin stated he would be opposed to this 29 type of facility in an R-1 or R-2 zone in light of the 30 possible parking problems , twenty-four hours traffic 31 disturbances and the winter parking rules . He felt many 32 allowances would have to be made to accommodate this type of 33 facility . 34 35 The Chairman inquired what affect the traffic from the nearby 36 nursing home has on the area near Commissioner Madden ' s home . 37 Commissioner Madden responded there is incredible traffic 38 twenty four hours each day. He noted that most the vehicles 39 are owned by employees of the nursing home . 40 41 Commissioner Franzese recognizes the need for this type of 42 facility and felt it could be built on some vacant land in the 43 City . She suggested the vacant land adjacent to the 44 Kenzington . Commissioner Gondorchin stated he agreed that this 45 suggestion may be a viable option . 46 4.7 All members of the Planning Commission agreed this type of 48 facility should be located in a R-3 or R-4 zone . Their 49 concerns were with traffic , parking and the requirement of 50 five related persons which is being suggested in the proposed 51 ordinance . Chairman Faust requested an opinion be gotten from 52 the City Attorney on this matter . 53 •54 i PLANNING COiiTiISSION ME=TING j U N E 16 , 1992 0 PAGE 7 4 5 6 7 C . Review Housing Maintenance Ordinance - Draft #3 , April 8 30 , 1992 9 10 At the May 4th meeting of the Planning Commission Urbia 11 requested input from members of the Commission regarding any 12 additions to the draft ordinance . He received one response 13 from Commissioner Thompson for the inclusion of compost piles . 14 Also received was a request from the City Manager of language 15 regarding inspection (visual and/or smoking house) at point of 16 sale of, sump pumps and drain tiles to insure they are not 17 connected to the sanitary sewer system. The City Manager also 18 requested some form of language encouraging the installation 19 of check valves (auto and/or manual ) in homes that have 20 experienced back up problems . 21 22 There were eighteen pages in the draft ordinance . The Chairman 23 suggested each page be reviewed by the Planning Commission for 24 comment . Some of the issues addressed in the review covered 25 gender neutrality , dwelling versus dwelling unit , point of 26 sale inspections and enforcement of the ordinance. All 27 comments made by members of the Planning Commission were noted and will be incorporated into the draft ordinance by the Management Assistant for Council review. A copy of the draft 30 ordinance will be included in the July edition of the City 31 newsletter . 32 33 34 D. Review Proposed Sian Ordinance Changes - Draft #2 , May 35 27 , 1992 36 37 A first draft of the proposed sign ordinance was presented to 38 the Planning Commission in April . A subcommittee was 39 established by the Planning Commission consisting of Chairman 40 Faust , Commissioner Franzese , Councilmember Wagner and 41 Management Assistant Urbia . The subcommittee met once and the 42 suggestions which came from that meeting were incorporated 43 into the ordinance for review by the Planning Commission at 44 its June meeting. 45 46 Five issues addressed by the subcommittee required the opinion 47 of the City Attorney . Staff is waiting for those opinions . 48 49 A copy of the proposed ordinance were sent to the President of 50 the St . Anthony Chamber of Com.Tnerce, Apache Plaza Management , 51 the President of the Apache Plaza Merchants Association , the 52 President of the St . Anthony Merchants Association and the St . Anthony Shopping Center Management for input . 1 PLANNING CONL"!ISSION 2 TUNE 16 , 1992 3 PAGE 4 5 6 7 A response was received from the St . Anthony Merchants 8 Association which indicated they would like an additional 9 monument sign for the Kenzie Terrace entrance and a larger 10 monument sign where the current one is in place . They had also 11 had questions regarding the prohibition for franchise 12 trademark signs for some commercial establishments . Examples 13 given were Dairy Queen and Kentucky Fried Chicken . Urbia 14 explained that some of those signs would be too large or are 15 not in character with the City' s intent in the sign ordinance . 16 17 Urbia distributed a fax received from Rodney Johnson , real 18 estate manager, addressing some of his specific concerns with 19 the proposed sign ordinance . Urbia also passed out copies of 20 survey results received from six other cities and their sign 21 ordinance requirements regarding billboards , wall signs , free 22 standing signs , portable signs , temporary signs , campaign 23 signs and sign construction . 24 25 Motion by Franzese, second by Faust to move this item to the 26 agenda of the next Planning Commission meeting. 27 28 •29 Motion carried unanimously 30 31 32 E . Review Proposed Planning Commission ByLaws - Draft #1 , May 33 11 , 1992 34 35 Motion by Franzese, second by Faust to table this item. 36 37 Motion carried unanimously 38 39 40 41 6 . STAFF UPDATE 42 43 44 A. Joint City Council /Planning Commission Meeting 45 46 Chairman Faust felt an agenda would be needed for this 47 meeting. All members of the Planning Commission agreed with 48 this suggestion . 49 50 Co.r-nmissioner Gondorchin recommended the joint meeting be held 51 on before a regularly scheduled Planning Commission meeting at 52 6 : 30 p .m. 53 •54 I PLANNING CO`�IMISSION 46 JUNE i 6 , 1992 PAGE 9 4 5 6 7 Chairman Faust stated he is willing to approach the City 8 Council to find out what would be expected to be discussed at 9 this joint meeting . 10 11 Commissioner Murphy felt strategic and future community 12 directions should be addresssed as well as general 13 philosophical purposes . Commissioner Gondorchin suggested that 14 an evaluation and assessment of how the Planning Commission is 15 functioning should also be considered . Commissioner Murphy 16 felt a partnership posture may be an item for discussion also. 17 18 19 B. July Meeting 20 21 The July meeting of the Planning Commission will be held as 22 scheduled . 23 24 25 7 . COMMISSIONERS ' COMMENTS 26 2277 Commissioner Madden Tl Commissioner Madden inquired if the contract for the inlet in 30 Mirror Lake permitted seeding and not sodding. He felt the 31 seeding job was very poorly done . Urbia will follow up on this 32 matter . 33 34 Commissioner Madden has observed that Sheik ' s Garden 35 Restaurant at Apache Plaza Shopping Center appears to be 36 closed . 37 38 Commissioner Madden noted that there is a non-conforming sign 39 at the Stop-N-Shop service station on Stinson Boulevard. Urbia 40 said he will contact Conoco regarding the non-conforming 41 canopy sign . 42 43 44 Commissioner Thompson 45 46 Commissioner Thompson inquired as to the status of a CUB store 47 being built at Apache Plaza . Urbia advised that this matter is 48 still being negotiated. 49 50 51 Commissioner Franzese 52 Commissioner Franzese inquired if there is any program in place for recycling polystyrene material . Urbia is hoping to 1 PLANNING CON:2.ISSIO1i 2 JUNE 16 , 1992 3 PAGE 10 4 5 6 7 put a depository into effect and will contact the Anoco 8 station regarding this matter . If this is not possible , he 9 will promote the depository located in New Brighton . 10 11 Commissioner Franzese is interested in viewing the Mayor ' s 12 cable program and asked when it will be aired again. Urbia 13 noted it is cablecast quarterly. 14 15 Commissioner Franzese advised she had received only one phone 16 call regarding her position on "visual pollution" in reference 17 to parking of recreational vehicles in front of homes . The 18 resident who contacted her stated support of her position . 19 20 21 Commissioner Gondorchin 22 23 Commissioner Gondochin had some questions regarding areas in 24 the City which are designated "no parking. " He cited one 25 instance where a ticket was issued to a vehicle owner who had 26 parked in an area which was designated for" no parking" 27 because it would have interfered with the turning around of 28 fire trucks . He requested staff to follow up on this matter. 29 30 Urbia advised that this area had previously been designated 31 for having its curbs painted yellow to prohibit parking. The 32 residents in the area objected so the painting was not done . 33 34 Urbia recommended that this matter be brought to the City 35 Council for its consideration . Chairman Faust did not see how 36 this matter could be addressed by the Planning Commission . 37 38 Commissioner Gondorchin advised he had contacted the Mayor 39 regarding this situation and the Mayor suggested it be brought 40 to the Planning Commission . 41 42 Commissioner Murphy felt there were two issues to consider ; 43 one being consistent enforcement and the second making people 44 aware of the parking prohibitions by having adequate markings . 45 46 People who regularly park in the area were notified that the 47 parking bans would be enforced via a church bulletin article . 48 Some members of the Planning Commission felt this was not a 49 proper vehicle for notification . Some were also of the opinion 50 that interrupting the curb painting was not prudent either . 51 52 Urbia was requested to put an article in the City newsletter 53 which addressed reclarification of parking restrictions in • 54 prohibited areas . 1 PT F_1�IvT!'G COM?-IISSIO,� JUNE 1 6 , 1992 40 PAGE 11 4 5 6 7 Motion by Gondorchin , second by Madden to incorporate into the 8 St . Anthony newsletter as quickly as possible the parking 9 prohibitions in certain areas of the City which would include 10 the prohibited areas around fire hydrants , distance from 11 corners , and enforcement . 12 13 14 Motion carried unanimously 15 16 17 Commissioner Murphy 18 19 Commissioner Murphy had nothing to report at this time. 20 21 22 Chairman Faust 23 24 The Chairman thanked all of the Commissioners for the very 25 healthy discussions held at this meeting. He requested any 26 items that commissioners want on the agenda be forwarded to 27 him for inclusion on the agenda . 0 He will make arrangements to schedule a joint meeting of the 30 City Council and the Planning Commission . He recapped the 31 items to be discussed ; South End Task Force, General 32 philosophy and a partnership assessment of the Planning 33 Commission . 34 35 36 8 . ADJOURNMENT 37 38 Motion by Murphy , second by Gondorchin to adjourn the meeting 39 at 10 : 30 p .m. 40 . 41 Motion carried unanimously 42 43 44 Respectfully submitted , 45 46 47 Jo-Anne Student , Planning Commission Secretary 48 49 50 51 52 CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING ON THE PROPOSED ISSUANCE OF REFUNDING BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony, Minnesota (the "City"), will meet on July 14, 1992 at 7:30 P:M. or as soon thereafter as possible in the Council Chambers of City Hall, 3301 Silver Lake Road, St. Anthony, MN, for the purpose of conducting a public hearing on a proposal that the City issue refunding revenue bonds, in one or more series, under Minnesota Statutes, Chapter 462C, as amended (the "Act"), in order to refund the City's Housing Development Revenue Bonds (St. Anthony LaNel Project), Series 1988, which were issued by the City to finance the acquisition and construction by St. Anthony LaNel, a Minnesota partnership (the "Partnership"), of Autumn Woods, a multi-family rental housing development owned by the Partnership which contains 201 housing units and is located at 2600 Kenzie Terrace in the • City. In connection with the issuance of the bonds ownership of Autumn Woods will be transferred by the Partnership to Autumn Woods Partners Limited Partnership, a Minnesota limited partnership. The maximum aggregate principal amount of the proposed bond issue is $9,000,000. The bonds will be limited obligations of the City, and the bonds and interest' thereon will be payable solely from the revenues pledged to the payment thereof. No holder of any bonds will ever have the right to compel any exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City except money payable by Autumn Woods Partners Limited Partnership or its sucessors or assigns to the City and pledged to the payment of the bonds. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Manager prior to the date of the hearing set forth above. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Publish: St. Anthony Bulletin, June 24, 1992 Thomas D. Burt City Manager • • RESOLUTION NO. 92- 0 3 3 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF HOUSING DEVELOPMENT REFUNDING. REVENUE BONDS (AUTUMN WOODS PROJECT); SERIES 1992, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota (the "City"), as follows: Section 1. Recitals and Findings. 1.1. By the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to plan, administer, issue and sell revenue bonds or obligations to make or purchase loans to finance one or more multifamily housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of the development. Pursuant to Section 462C.07, Subdivision 1 of the Act, in the purchase or making of multifamily housing loans and the issuance of revenue bonds or other obligations the City may exercise within its corporate limits any of the powers the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, • without limitation under the provisions of Minnesota Statutes, Chapter 475. 1.2. By the provisions of the Act the City has previously issued its Housing Development Revenue Bonds (St. Anthony LaNel Project), Series 1988 in the original principal amount of $10,750,000 (the "Prior Bonds"), and loaned the proceeds thereof to St. Anthony LaNel, a Minnesota partnership (the "Partnership"), to finance the Autumn Woods apartment complex located at 2600 Kenzie Terrace in the City ('Development"). 1.3. This Council has received a proposal from the Partnership that the City issue its refunding revenue bonds under the Act in one or more series (the 'Bonds"), for the purpose of refunding and redeeming a portion of the outstanding Prior Bonds. The Partnership has informed the City that in connection with the issuance of the Bonds ownership of the Development will be transferred by the Partnership to Autumn Woods Partners Limited Partnership, a Minnesota limited partnership (the 'Borrower"). 1.4. The Bonds will be issued pursuant to an Indenture of Trust (the "Indenture"), between the City and Security Pacific National Trust Company (New York), as trustee (the 'Trustee"). The proceeds of the Bonds will be loaned by the City to the Borrower pursuant to a Loan Agreement (the "Loan Agreement"), between the City and the Borrower. Under the Loan Agreement the Borrower will • agree to make loan payments sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due and payable and to make payments sufficient to pay the purchase price of any Bonds tendered for purchase • under the Indenture. By the Indenture, the City will grant a security interest to the Trustee in certain revenues and payments to be received by the City under the Loan Agreement. To secure the payment of principal of and interest on the Bonds Asset Guaranty Reinsurance Company, a New York corporation (the "Insurer") will issue a Bond Insurance Policy (the "Policy"). The Bonds are to be purchased by Piper Jaffray Inc. (the "Underwriter") pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement"), by and among the City, the Borrower and the Underwriter. In connection with the issuance of the Bonds, the City, the Insurer and the Trustee will enter into an Intercreditor Agreement (the "Intercreditor Agreement"), with respect to the exercise by the Trustee, the Insurer and the City of certain rights, remedies and options under the various financing documents related to the Bonds and the Policy. The Indenture, the Loan Agreement and the Intercreditor Agreement are referred to as the "Financing Documents". 1.5. Drafts of the following documents relating to the Bonds have been prepared and submitted to this Council and are hereby directed to be filed in the office of the City Clerk: (i) Loan Agreement; (ii) Indenture; (iii) Intercreditor Agreement; (iv) Bond Purchase Agreement; and (v) Preliminary Official Statement (the "Preliminary Official Statement") relating to the offering of the Bonds for sale by the Underwriter. 1.6. Pursuant to notice duly published in a newspaper of general circulation in the City not less than 14 days prior to the date fixed therefor, this Council has held a public hearing on July 14, 1992, at which all interested persons were afforded an opportunity to express their views, in person or in writing, on the proposed issuance of the Bonds. This Council has carefully considered the views submitted at the public hearing and the written comments (if any) submitted to the City on the proposed issuance of the Bonds. Section 2. Apyroval and Authorization. 2.1. It is hereby determined that it is desirable for the City to proceed with the issuance of the Bonds in a maximum aggregate principal amount not to -2- • exceed $9,000,000, bearing interest at a rate per annum not to exceed 7.125%, • maturing-not later Ithan August 1, 2022, and bearing the further terms and conditions set forth in the Indenture heretofore filed with the City (as the same may be amended or completed as hereinafter provided). The final terms of the Bonds, including the principal amount, maturity schedule, interest rates, redemption provisions and purchase price to be paid by the Underwriter has not as yet been determined. 'Subject to the limitations set forth in this Section 2.1, authority is hereby delegated to the Mayor and City Manager, acting jointly, to approve the aggregate principal amount of the Bonds, the maturities thereof, the provisions for redemption thereof prior to maturity and the rate or rates of interest payable thereon and the purchase price to be paid by the Underwriter under the Bond Purchase Agreement; provided that such purchase price is not less than 98% of the principal amount of the Bonds, plus accrued interest. Such approval shall be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement by the City. 2.2. The form of the Bond Purchase Agreement heretofore filed with the City is hereby approved, subject to such changes as may be deemed desirable by the Mayor, the City Manager and the City Attorney. The Bonds are hereby sold to the Underwriter and upon the terms set forth in the Bond Purchase Agreement. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City, to execute and deliver the Bond Purchase Agreement in substantially the form of the Bond Purchase Agreement heretofore filed with the • City, together with such changes and completions thereof as may be approved by the Mayor, the City Manager and the City Attorney, subject to the limitations contained in this resolution, the execution thereof to constitute conclusive evidence of the approval of such changes and completions. 2.3. The forms of the City Financing Documents heretofore filed with the City are hereby approved. The Mayor and the City Manager of the City are hereby authorized and directed, on behalf of the City, to execute and deliver the City Financing Documents in substantially the forms hereby approved, but including such modifications, insertions and additions as are necessary and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. The execution of the City Financing Documents by the appropriate officers of the City shall be conclusive evidence of the approval thereof and of the terms of the Bonds by the City. 2.4. The City hereby consents to the distribution by the Underwriter of the Preliminary Official Statement to potential purchasers of the Bonds and the distribution by the Underwriter of a final Official Statement to purchasers of the Bonds; however, the City makes no representations with respect to, and assumes no responsibility for the sufficiency, accuracy, completeness or contents of, the Preliminary Official Statement or the Official Statement. -3- 2.5. The Mayor and the City Manager of the City are authorized and • directed to prepare and execute the Bonds and to deliver them to the Trustee pursuant to the Indenture for authentication and delivery to the purchasers thereof, together with a certified copy of this resolution and other documents required by the Indenture. As provided in the Indenture, the Bonds shall be executed by the manual or facsimile signatures of the Mayor and City Manager and impressed with the seal of the City or a facsimile thereof and shall be authenticated by the Bond Registrar (as defined in the Indenture), as authenticating agent, pursuant to Minnesota Statutes, Section 475.55, Subdivision 1. 2.6. As provided in the Indenture, the Bonds are special, limited obligations of the City. Principal of, premium, if any, and interest on the Bonds are payable solely out of the revenues derived from the sources described in the granting clauses of the Indenture. Neither the State of Minnesota nor the Counties of Ramsey and Hennepin shall in any event be liable for the payment of the principal of, premium, if any, or interest on the Bonds or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever that may be undertaken by the City. Neither the Bonds nor any of the agreements or obligations of the City contained in the City Financing Documents shall be construed to constitute an indebtedness of the State of Minnesota, the Counties of Ramsey or Hennepin or the City, within the meaning of any constitutional or statutory provisions whatsoever, nor to constitute or give rise to a pecuniary liability or be a charge against the general credit or taxing power of the State of Minnesota, the Counties of Ramsey or Hennepin or the City. The agreement of the City to perform the covenants and other provisions contained in this resolution or the Bonds, the City Financing Documents or the Bond Purchase Agreement shall be subject at all times to the availability of the revenues furnished by the Developer sufficient to pay all costs of such enforcement or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon other than as stated above. 2.7. The Mayor, the City Manager and the City Clerk of the City are authorized and directed to prepare and furnish to bond counsel and the Underwriter certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 2.8. The Mayor and the City Manager of the City are hereby authorized to execute such additional agreements, documents and certificates in connection with the Bonds as may be necessary and appropriate in their opinion and in the opinion of the City Attorney and consistent with the Act. Copies of such -4- additional agreements, documents and certificates, when executed, shall be delivered, filed and recorded as provided therein. 2.9. The approvals hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be approved by the City Attorney and by the Mayor and the City Manager authorized herein to execute said documents prior to their execution; and the Mayor and the City Manager are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents.in accordance with the terms hereof. In the absence of the Mayor or the City Manager, the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the Assistant City Manager. Adopted this 14th day of July, 1992. Mayor • Attest: City Clerk (SEAL) Reviewed for administration: City Manager -5- RESOLUTION 92-032 RESOLUTION CALLING FOR A PUBLIC HEARING ON A REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN BE IT RESOLVED, by the City Council of the City of St. Anthony, Minnesota (the "City"), as follows: 1. Proposed Redevelopment Plan and Tax Increment Financing Plan. The Housing and Redevelopment Authority of the City of St. Anthony, Minnesota (the "HRA") has informed the City that it is considering approving a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, relating to Apache Plaza Shopping Center located in the City.(the "Redevelopment Plan"), and a redevelopment project to be undertaken- pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14 (the "Redevelopment Project"). In order to finance the public redevelopment costs to be incurred by the HRA and the City in connection with the Redevelopment Plan and the Redevelopment Project, the HRA will also consider approving a tax increment financing plan (the "Financing Plan"), which will establish a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision Y ("District"). The HRA has requested that this Council hold a public hearing on the Redevelopment Plan as required by Minnesota Statutes, Section 469.028, subdivision 1, and a public hearing on the Financing Plan as required by Minnesota Statutes, Section 469.175, subdivision 4. 2. Public Hearing. A public hearing is hereby scheduled to be held on the proposed Redevelopment Plan and Financing Plan at 7:30 P.M. on Tuesday, August 25, 1992, in the Council Chambers. The City Manager is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.174, subdivision 2 to the appropriate governmental bodies. Passed by the Council this 14th day of July, 1992. Mayor Attest•. City Clerk Reviewed for administration: City Manager NOTICE OF PUBLIC HEARING ON PROPOSED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. ANTHONY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of.-the City of St. Anthony (the "City") will hold a public hearing on a proposed Redevelopment Plan (the "Redevelopment Plan") and Tax Increment Financing Plan (the "Financing Plan") of the Housing and Redevelopment Authority of St. Anthony (the "HRA") at 7:30 p.m. on Tuesday, August 25, 1992, in the City Council Chambers, City Administrative Offices in the City of St. Anthony, Minnesota. Under the proposed Redevelopment Plan the City and HRA would undertake certain activities in connection with the redevelopment of Apache Plaza Shopping Center located at 37th Avenue Northeast and Silver Lake Road in the City. The Financing Plan will establish a tax increment financing district (the "District") and provide for the payment of certain costs incurred directly by the HRA and the City related to the redevelopment of Apache Plaza Shopping Center or the reimbursement to the owner of Apache Plaza Shopping Center of certain redevelopment costs paid by such owner. Accompanying this notice is a map showing the area proposed to be included in the District which is the area from which tax increments may be collected and the area in which it may be expended. All who wish to be heard as to the Redevelopment Plan and the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Manager prior to the public hearing. Publish: August 12, 1992 By /s/Thomas Burt City Manager C _ L C;:3: ' I � 0 i . O C;3 7.,M d(1Nr( R 'i34 IM O CITY OF ST..ANTHONY ORDINANCE 1992-006 AN ORDINANCE REQUIRING MIXED MUNICIPAL SOLID WASTE COLLECTION FOR ALL RESIDENTIAL AND COMMERCIAL PROPERTIES WITHIN THE BOUNDARIES OF THE CITY OF ST. ANTHONY; AMENDING THE 1973 CODE OF ORDINANCES TO ADD NEW SUBSECTIONS 560.06, 560.07, AND 560.08. The City Council of the City of St. Anthony, Minnesota, ordains: Section 1. The 1973 Code of Ordinances is amended to add new subsections 510.07, 510.08, and 510.09 to read as follows: 560.06 REQUIRED SOLID WASTE COLLECTION Pursuant to Minn. Stat. 115A.941, every person who owns or occupies property within the City for business, commercial or residential purposes shall contract for collection service for mixed municipal solid waste with a hauler licensed to do business in the City of St. Anthony as of July 1, 1992. • 560.07 EXEMPTIONS A person, firm, or corporation is exempt from the provisions in section 560.06 if the person, firm, or corporation ensures that an environmentally sound alternative is used. The City Manager or designee may grant an exemption. An environmentally sound alternative is defined as: (1) Combining with another person(s), firm(s), or corporation(s); (2) Use of a business that one owns; and (3) Use of a firm or corporation that one is employed by, as long as it is authorized by that firm or corporation. 560.08 ENFORCEMENT AND PENALTY Any person,firm, or corporation violating the provisions of sections 560.06 and 560.07 after September 1, 1992 shall be guilty of a petty misdemeanor. Section 2. This ordinance will be effective as of the date of its publication. First Reading: July 14, 1992 Second Reading: July 28, 1992 Adopted: Mayor • City Clerk Published the day of , 1992 in the St. Anthony Bulletin. • • STAFF REPORT DATE: July 9, 1992 TO: Mayor and Councilmembers FROM: Thomas D. Burt, City Manager ITEM: MANNING'S RESTAURANT LEASE Ray Nelson has been working to find a replacement for Manning's Restaurant at the Stonehouse. Erich Schuhmacher (information attached) is very interested in taking over Manning's lease and to enter into a new agreement with the City. As you can see, he has an impressive background and it appears this would be a positive change. A copy of the proposed menu is also attached. RECOMMENDATION I recommend approval of the City Manager and Liquor Manager to work with the City Attorney's office to formalize a lease with Mr. Erich Schuhmacher regarding a restaurant lease at the Stonehouse. DID Erich Schuhmacher Highkood Foodservices Inc . 945 South McKnight Road St . Paul , MN 551.19-5823 July 2, 1992 Mr. Ray Nelson Liquor Manager City of St . Anthony Stonehouse 2700 Highway 88 St . Anthony, MN 55418 Dear Ray, It was my pleasure to meet and to talk to you on. July 1 , 1992 at the Stonehouse in St. Anthony . Here is my proposal to the Lease Agreement: I am very interested to lease the above property from the city of St. Anthony ( food service) for a period of • 5 years with the option for another 5 years . The same lease agreement as with the Manning's Inc. at 1200 .00 per month or 6% of food sales which ever is higher. I am willing to lease the kitchen equipment at 6% interest annually (up to 30,000.00 maximum) for up to 5 years with the option to buy out at any given time during the 5 years (60 months) at the price agreed on, without any penalties . During the leasing of the kitchen equipment , I will be solely responsible to keep the equipment in top working condition and pay for_ any repairs .needed . After reviewing the Breakfast sales (sales , food cost and labor cost) I have chosen not to open for breakfast . Operation house would be from 11 a .m. to 11 p.m. Monday thru Saturday. With the possibility of keeping the hours of food service until Midnight, should the need arrive and to the satisfaction of the bar patrons , to increase sales revenue in food and beverage. I hope you had the chance to look at my proposed menu for the Stonehouse Grill & Bar, any imput on your side is very much welcome. Targeted time frame to take over would be August 1 , 1992 and no later than August 15, 1992 . Should you have any question, please feel free to call on me. I am looking forward to hearing from you. With best regards , rich Schu macher RESUME ERICH SCHUHMACHER 945 South McKniaht St . Paul , Minnesota) 55119 ( 612 ) 739-0856 Home/Office ( 612) 622-6449 Digital Page EXPERIENCE: February 1991 to January 1992 BROADWAY STATION INC. , WOODBURY, MINNESOTA VICE PRESIDENT OF FOOD & BEVERAGE CONCEPTS (Consultant) October 1988 to February 1991 CIA CONSULTING, MINNEAPOLIS, MINNESOTA PRESIDENT (Company Sold) Food & Beverage consulting for the Hospitality Industry. June 1982 to October 1988 RADISSON HOTEL CORPORATION, MINNEAPOLIS, MN CORPORATION DIRECTOR OF FOOD & BEVERAGE CORP. DIR. OF FOOD & BEVERAGE CONCEPTS * A strong background in planning, organizing and developing new and existing operations, profit performance, inventory controls , staffing, requirements, front and back of the house training. * Sales and promotion oriented to achieve the highest sales and the best quality for its market place, implementing new food and beverage concepts. * Responsible for kitchen and front of the house designing, included table tops and uniforms . * Writing Training Manuals for: purchasing, beverage promotions/guidelines, service and cost controls . RESUME ERICH SCHUHMACHER PAGE TWO * Responsible for recrui-ting upper management personnel in food and beverage , strong believer in promoting from within. * Profitability of total operation,profit and loss statements . * Responsible for all food and beverage concepts in 26 hotels with total sales of over $55,000, 000. December 1969 to June 1.982 HYATT HOTEL CORPORATION EXECUTIVE CHEF CORP. TRAVEL CHEF-New Hotel Openings Trouble Shooting 1981 - 1982 Hyatt Regency, Houston, Texas 1980 - 1981 Hyatt Regency, Washington, DC 1978 - 1980 Hyatt Regency, New Orleans,Executive Chef * During this time I opened the Hyatt Regency in Milwaukee and Kansas City. 1976 - 1978 Hyatt Islandia , San Diego, CA, Executive C 1974 - 1976 Hyatt Regency, Nashville and Memphis * New Openings 1973 - 19.74 Hyatt Regency, San Francisco * Corporate Assignment 1971 - 1973 Hyatt Regency, Los Angeles * Executive Sous Chef - New Opening 1969 - 1971 Hyatt Regency, Atlanta, Georgia 1968 - 1969 BILTMORE SHERATON HOTEL, ATLANTA, GA Night Sous Chef 1968 - 1969 SWITZERLAND HOUSE, ATLANTA, GA Chef de. party 1967 - 1968 PALACE HOTEL, ST. MORITZ, SWITZERLAND SCHLOSS LAUFEN am RHEINFALL * Summer and Winter Season , Management 1965 - 1966 MOVENPICK PARADE PLATZ, ZURICH * Waiter / Assistant-Restaurant Manager RESUME ERICH SCHUHMACHER PAGE THREE EDUCATION: 1963 - 1965 Hotel Management School "Belvoir" Zurich Graduated in Hotel and Restaurant Management G.P.A. 3 . 5 ( 2nd in class of 1965 ) 1961 - 1963 Apprenticeship and Diploma in Culinary Field Hotel Drachenburg, Gottlieben, Switzerland 1958 - 1961 High School, Kreuzlingen, Switzerland REFERENCES: Available upon request DID 'l Cv�Jp�1LL'.S'a-Z f/Sol, rtl J JIJC, ':,rtis L. Carlsun ::airman & Cltiuf liu:cuticu Uificcr Uct:ubcr 3 , 1988 Dear Erich, You and your associates could riot have made me more proud ,on July 23rd when you prepared and served one of the finest i meals ever served anywhere . III c;ise you have furbut.t!ii, 1 am referring to your expertise in action for our 50th gala extravaganza at the St. Paul Civic Center. I I am still hearing praise about chat dinner and its I execution. People cannot understand how we did so much for so many without any apparent prublem. i want to couuuend you personally for your efforts. It was a great day for Radisson' s ever-gracing food image as the finest in the laird. Believe me ' when I say that I have yec to hear one complaint about that dinner. i Thank you for coming to duwnrown St . Paul and giving us your finest effort. The coti,l food preparation, coupled with the service, was a work of art - possibly never again to be ' duplicated . Warm personal regards, I I Mr. Erich Schul-jmac:her Corpor,:te Director food & 1'Sev<erjl;e Radisson li:,tel Corporation :l 1:......: Stonehouse Grill and Restaurant Good Food - Good' Attitude Appetizers For a great start or small meals Hearty Homemade Soups . Cup of Soup 1 . 75 Bowl of Soup 2.45 Baked Onion Soup 2 . 95 Garlic Toast 4 slices 1 . 85 Garlic Cheese Toast 4 slices 2 . 85 with side of our original sauce add . 65 Soft Breadsticks: hot and brushed with our own herb and cheese seasoning. half dz. 2 . 95 Home Made - True French Fries, cut daily fresh from Idaho Potatoes. Full Basket 4.50 Onion Rings in Beer batter. Full Basket 5. 25 Fried Calamari , with Lemon/Lime Tartar sauce Basket 5.95 Mozzarella Sticks, with our original sauce 5 . 50 (Extrodinary Junk Food ! ) Genuine Broasted Chicken Wings In a Basket 4.95 Generous Salads Your choice of dressings; Homemade Italian Vinaigrette , Blue Cheese, Thousand Island , French and Loki-Cal Ranch House Salad 2 . 25 (The most interesting salad in the City ! ). Stonehouse Antipasto 5.95 Hard Salami , Roast Beef, Pepperoni , Baked Ham, Mozzarella , Cheddar Cheese, Garden Greens and marinated Vegetables Taco Salad 5 . 50 Served in a large flour tortilla shell with seasoned chicken or ground beef Big Grilled Chicken Breast Salad 6. 25 A large House Salad topped with Slices of Chicken Breast Children ' s Menu Big Pleasers for Small Appetites Junior Burger with fries 2 . 25 with Cheese 2 .50 Kid ' s Spaghetti 1 .95 with one Meatball 2 . 35 Grilled Cheese with fries 1 .95 Children 11 years and younger, please . Beverages Freshly ground and brewed 100° "Colombian" Coffee regular or decaffeinated . 89 Hot Tea . 89 _ Milk 1 . 25 Ice Tea 1 .00 Hot Chocolate with Whipped Cream 1 . 25 Lemonade 1 . 25 Malts and More Old-Fashioned Malts or Milk Shakes 2 .95 Vanilla, Chocolate, Strawberry, Butterscotch or Banana Sundaes Strawberry, Chocolate, Butterscotch or Banana regular 1 .95 large 2.75 Minnesota Style Cheesecake Smooth and Creamy 2 . 95 with Strawberries 3 .45 Oil aCl 5� 0 a Cl ata 5 0 From the Grill j All orders from the Grill come with your choice of Soup, small House Salad or Homemade fries . Adult Burger One half pound of prime, Lean Ground Chuck Beef, well seasoned, cooked to order and served on a fresh Bakery Bun with our special sauce and plenty of fresh Fixin ' s 4 . 65 Extra Toppings .65 each American, Mozzarella , Cheddar, Provolone, Blue Cheese, Mushrooms, Hardwood Smoked Bacon, fried or grilled onions and marinara sauce Grilled Chicken Breast Sandwich Premium skinless double' Breast of Chicken cooked to order and served on a fresh Bakery Bun and a touch of our secret sauce 5.25 -.- Extra Toppings .65 each American, Mozzarella, Cheddar, Provolone, Blue Cheese, Mushrooms, Hardwood Smoked Bacon, fried or grilled onions and marinara sauce Substantial Sandwiches Home Made Meatball Sandwich 4 . 95 Covered with our sauce and baked with choice of Provolone or Mozzarella Cheese Double Sausage 5. 10 A couple of Delicious Italian sausage, topped with our own tomato sauce and choice of Provolone or Mozzarella Cheese Pizza Sandwich 4.95 Opened faced of a Bakery Hoagie Bun with our sausage or pepperoni or both! Topped with alot of Mozzarella Cheese Hot or Cold Hoagie Sandwiches Our hoagies are made with the finest premium meats . Hoagies include vine ripe tomatoes, lettuce, onion, special Hoagie Dressing and Mozzarella Cheese . All are served on a fresh Hoagie loaf, and come with your choice of soup small House Salad or Homemade french fries Turkey Hoagie: made with the finest Turkey Breast 5 . 50 Turkey ClDlj: Turkey with I?ardwood Smoked Bacon 5 .95f Roast Beef: slow-cooked, tender Toast Beef 5 . 50 Ham: lean, premium smoked Ham 5.50 Assorted: salami, ham and pepproni 5 .75 Veggie:_green peppers, mushrooms, green and black olives 5. 50 Steak Sandwich 6.95 Beef Tenderloin grilled to your order, topped with sauteed or fried onions, served on toasted garlic bread Pizza Create your own Masterpiece ! ! ! Start t:ith our cheese pizza 7 . 95 Then add your favorite extras - add 1 .00 each Extra Cheese Onions Mushrooms Sausage Green Peppers Pineapple Pepperoni Black Olives Tomatoes Ground Beef Green Olives Jalapenos Mexican Fiesta Taco Pizza 11 .95 Beef or Chicken Taco Meat, Salsa , lettuce, tomatoesr Mozzarella , Cheddar Cheese, ripe olives and sour cream Cheeseburger Pizza 11 .95 Ground beef, onion, mozzarella , cheddar cheese, ketchup, mustard and-. pickle _ The Original Genuine Broasted Chicken The World ' s Finest. Eatin ' Chicken tender, juice and delicious Three pieces dinner, served with the famous Jo-Jo potatoes and cole slaw 5.50 All White Meat add 1 . 00 Chicken By the Bucket : 8 pieces 9.75 11 . 50 with Jo-Jo 12_ pieces 13 .75 15 . 50 16 pieces 17.95 20.95 One whole Chicken 9.95 with Jo-Jo potatoes and cole slaw when split for two people add 2.50 TAKE OUT Call in your order by phone and it will be ready to be picked iip. . Entire Menu is available for take out. Phone 789-5863 We reserve the right to add 15% gratuity on tables of 8 or more. Stonehouse will respectfully waive this guaranteed gratuity if you are any less tan satisfied. Thank You for dining with us . We hope to see you soon again. _ The Staff at the Stonehouse Catering . All of us are "at your service" . You name the occasion, budget and details and we ' ll develop and deliver in our Party Room for up to 75 guests. Simply call us . _+ Entrees �'{_` �� ��• Porterhouse Steak 14 . 75 18 oz . plus, prime cut Beef Tenderloin 12 . 95 with fried or sauteed onions Ribeye Steak .12 .95 the most flavor full cut Top Sirloin Steak 9 . 50 Pork Chops 10.75 Two large premium Pork Chops Daily fresh Seafood - Market Price p� Above entrees include: Soup or Salad, Baked Potato asrd Homemade french fries Pasta and more Pasta49 All ok our Pasta either Homemade or Imported and served with - - Garlic Toast . All sauces are made in, our kitchen. .,:-We offer our 0riginal� Alfredo and Picante - Parmesan Spaghetti & Meatballs 5 .75 The finest Spaghetti pasta with our original sauce and two meatballs Stonehouse ' s Own Lasagna 7 . 95 Prepared daily and served till there Ain't No More. Our Lasagna is made with four cheeses, homemade sausage and our original sauce Tortellini and Chicken Picante Parmesan 7 .95 This is the Chef ' s creation! Two cheeses filled tortellini , with seasoned Chicken tenderloins, vegtables and our own picante sauce Fettucine Alfredo (prepared the Way it was meant to be ! ) 5.95 Fettucine Primavera - same as above with alot of vegetables 6 .95 Baked Rigatoni 5.95 .Rigatoni noodles with our Stonehouse Sauce and two meatballs, covered with alot of Mozzarella Cheese and baked till golden brown �i CITY OF ST. ANTHONY ORDINANCE 1992-004 AN ORDINANCE REGULATING THE SURFACE USE OF THE WATER OF SILVER LAKE LOCATED WITHIN THE BOUNDARIES OF THE CITY OF ST. ANTHONY; AMENDING THE 1973 CODE OF ORDINANCES TO ADD A NEW SECTION 1500:00 The City Council of the City of St. Anthony, Minnesota, ordains: Section 1. The 1973 Code of Ordinances is amended to add a new Section 1500:00 to read as follows: Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by M.S. § 378.32 (459.20), Subdivision 1 as now in effect and as hereafter amended, this Ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Silver Lake in Ramsey County, Minnesota, portions of said lake being located within the boundaries of St. Anthony, to promote its fullest use and enjoyment by the public in general and the citizens of St. Anthony in particular; to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the • varying uses of said waters; and to promote the general health, safety and welfare of the citizens of St. Anthony, Minnesota. Section 2: ADOPTION AND INCORPORATION BY REFERENCE OF MINNESOTA WATERS AND WATERCRAFT SAFETY LAWS, AND BOAT AND WATER SAFETY RULES PROMULGATED BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES: The Minnesota Waters and Watercraft Safety Laws, M.S. § 361.01-361.29, as they now exist and are hereafter amended by the State of Minnesota Department of Natural Resources and Minn. Rules parts 6110.0100-.2300 as the same now exist and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as if set forth in their entirety. At least three copies of said Waters and Watercraft Safety Laws and Boat and Water Safety Rules and Regulations, so adopted, shall be marked as official copies and filed in the office of the City Auditor along with this Ordinance. Section 3: VIOLATIONS OF THE MINNESOTA WATERS AND WATERCRAFT SAFETY LAWS, AND BOAT AND WATER SAFETY RULES PROMULGATED BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES: Any person violating the Minnesota Waters and Watercraft Safety Laws, and the Boat and Water Safety Rules and Regulations promulgated by the Minnesota Department of Natural Resources, adopted and incorporated herein by reference, shall be guilty of a misdemeanor. Section 4: RESTRICTIONS DURING CERTAIN HOURS: Between the hours of 11:00 A.M. and 3:00 P.M. and between the hours of 9:00 P.M. and 8:00 A.M. on each and every day. of the week, no motorboat shall be operated at a speed in excess of five (5) •-r miles per hour (close throttle, no wake). At all other times during each and every day of the week, motorboats shall be subject to no speed limit and may be operated at unrestricted speeds. Section 5: DIRECTION OF TRAVEL DURING UNRESTRICTED SPEED TIMES: During the hours in which unrestricted operating speeds are permitted, all motorboats shall travel and be operated in a counterclockwise direction around Silver Lake. Section 6: NONSANCTIONED RACING PROHIBITED: Racing, that is the participation of two (2) or more operators of motorboats operating their motorboats in a competition of speed, shall be prohibited on the waters of Silver Lake unless the same takes place as part of a scheduled or public race, regatta, tournament or other competition or exhibition duly sanctioned by the county sheriff pursuant to Section 361.20 of the Minnesota Statutes, as amended. Section 7: ENFORCEMENT: The enforcement of this Ordinance shall be the primary responsibility of the Ramsey County Sheriff's Department, and the City of St. Anthony's peace officers. Other licensed peace officers, including Conservation Officers of the Department of Natural Resources of the State of Minnesota, are also authorized. Section 8: All authorized Resource Management, Emergency Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. • Section 9: EFFECTIVE DATE: This Ordinance shall be in effect from and after the date of its passage and publication. First Reading: June 23 , 1992 Section Reading: July 14 , 1992 Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of , 1992. CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA JULY 14, 1992 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JULY 14, 1992 H.R.A. AGENDA. IV. APPROVAL OF JUNE 23, 1992 H.R.A. MINUTES. V. CLAIMS. A. DORSEY & WHITNEY - $1,705.00. B. DORSEY & WHITNEY - $852.40. C. DORSEY & WHITNEY - $450.25. D. BRUCE A. LIESCH ASSOCIATES, INC. - $116.05. VI. H.R.A. RESOLUTION 92-003, RE: REDEVELOPMENT CONTRACT WITH ST. ANTHONY LANEL. VII. ADJOURNMENT. • CITY OF ST . . ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY 4 5 JUNE 23 , 1992 6 7 8 1 . CALL TO ORDER 9 10 The H.R.A. Meeting was called to order at 9 : 36 p.m. by 11 Chairperson Ranallo . 12 13 14 2 . ROLL CALL 15 16 Present : Chairperson Ranallo, Vice Chairperson Enrooth, 17 Secretary/Treasurer Marks and Commissioners Fleming 18 and Wagner 19 20 Staff Present : Executive Director Burt and H .R.A. Attorney 21 Soth 22 23 24 25 3 . APPROVAL OF JUNE 23 , 1992 H.R.A. MEETING AGENDA 26 Motion by Marks , second by Ranallo to approve the agenda for the June 23 , 1992 H .R.A. Meeting as presented. 29 30 31 Motion carried unanimously 32 33 34 4 . APPROVAL OF APRIL 28 , 1992 H . R.A. MEETING MINUTES 35 36 Motion by Fleming, second by Wagner to approve the minutes of 37 the April 28 , 1992 H.R.A. Meeting as presented and there were 38 no corrections . 39 40 Motion carried unanimously 41 42 43 5 . PRESENTATION OF CLAIMS 44 45 A. BRW, INC . 46 47 Motion by Marks , second by Enrooth to approve payment in 48 the amount of $2 , 555 . 00 to BRW Inc. for professional 49 services rendered from April 1 , 1992 through April 30 , 50 1992 regarding the South Area Commercial Study. 51 52 Motion carried unanimously I H . R .A. MEETING 2 JUNE 23 , 1992 • 3 PAGE 2 4 5 6 B . First Trust 7 8 Motion by Marks , second by Enrooth to approve payment in 9 the amount of $8 , 986 . 09 to First Trust for the Reserve 10 Fund on the Multifamily Housing Revenue Bonds (St . 11 Anthony Nursing Home Project ) . 12 13 Motion carried unanimously 14 15 C . American Bank 16 17 Motion by Marks , second by Enrooth to approve payment in 18 the amount of $45 , 097 . 50 to American Bank for interest 19 due on General Obligation Refunding Bonds . 20 21 Motion carried unanimously 22 23 D . Braun Intertech 24 25 Motion by Marks , second by Enrooth to approve payment in 26 the amount of $6 , 160 . 00 to Braun Intertech for 27 professional services rendered through May 15, 1992 . • 28 29 Motion carried unanimously 30 31 E. Norwest Banks 32 33 Motion by Marks , second by Enrooth to approve payment in 34 the amount of $9 , 825 . 00 to Norwest Banks for the debt 35 service payment due on General Obligation Tax Increment 36 Bond 12-1-3 and the paying agent fee. 37 3$ Motion carried unanimously 39 40 F. Norwest Banks 41 42 Motion by Marks , second by Enrooth to approve payment in 43 the amount of $10 , 940 . 00 to Norwest Banks for the debt 44 service payment due on General Obligation Tax Increment 45 Series A and the paying agent fee. 46 47 Motion carried unanimously 48 49 G . Dorsey & Whitney Law Firm C0 J 51 Motion by Marks , second by Enrooth to approve payment in 52 53 54 '. . k A . MEETING iUl1,ZE 23 , 1992 PAGE 3 r J 6 7 the amount of $2 , 091 . 25 to Dorsey & Whitney law firm for 8 legal services rendered on various matters through March 9 31 , 1992 . 10 11 Motion carried unanimously 12 13 14 H . Dorsey & Whitney Law Firm 15 16 Motion by Marks , second by Enrooth to approve payment in 17 the amount of $195 . 00 to Dorsey & Whitney law firm for i8 legal services rendered on the META property and Rosie ' s 19 property through April 30 , 1992 . 20 21 Motion carried unanimously 22 23 I . Dorsey & Whitney Law Firm 24 25 Motion by Marks , second by Enrooth to approve payment in 26 the amount of $63 . 75 to Dorsey & Whitney law firm for legal services on the Lang-Nelson project through April 30 , 1992 . 29 30 Motion carried unanimously 31 32 33 6 . KENZIE TERRACE TAX INCREMENT FINANCING 34 35 Via the approval of Resolution 'No . 1992-002 , the H.R.A. 36 amended the Kenzie Terrace Redevelopment Plan . The Authority 37 established and approved an Interest Reduction Program from 38 excess tax increment derived from the District taxes 39 collectible in- 1991 , 1992 , and 1993 . 40 41 Staff is recommending that all of the excess be paid for 1991 42 and a portion be paid for 1992 . 43 44 Motion by Wagner, second- by Marks to direct staff to pay LaNel 45 the sum total of $50 , 000 for tax settlement year 1991 and to 46 pay LaNel the sum total of $25 , 000 contingent on the H.R.A' s 47 receipt of its first half 1992 tax settlement (received 48 approximately July 10 , 1992 ) and the sum total of $25 , 000 49 contingent upon receipt of its second half of 1992 tax 50 settlement (received approximately December 10 , 1992 ) . 51 Motion carried unanimously 4 .I . R .A. N.E-TI?%'G 2 JUKE 23 , 1992 • 3 PAGE 4 4 5 6 7 . OLD CLARK. STATION REDEVELOPMENT 7 8 Mr . Fisher , owner of the Old Clark Station property , met with 9 the City Manager and the City Attorney . He was advised that 10 the preliminary soil tests indicated there is ground 11 contamination on the property . The complete area of 12 contamination is yet to be determined . 13 14 Mr . Fisher is aware he is responsible to clean up the 15 contamination before any sale of the property can take place . 16 He was also advised that financial assistance is available to 17 him from the Petroleum Fund of the State . 18 19 He is still interested in selling the property. The City 20 Attorney advised Mr . Fisher that the City will pursue a 21 developer for the property and will facilitate the purchase of 22 the property from him by a developer . The City will not be on 23 record as the owner of the site during any of the proceedings . 24 25 26 The City Manager has been in contact with a developer who is 27 interested in purchasing the site . He noted that a three-plex • 28 could possibly be built on this site if the parcel to the 29 north were included in the package . 30 31 The H.R .A. ' s role will be to provide financial assistance to 32 the developer purchasing the site with controls on the 33 development and design of future construction on the site . 34 35 The developer stated that if there is contamination on the 36 site financing would be very difficult to secure for possibly 37 five years . 38 39 The City Attorney has contacted Mr . Derck Amerman regarding 40 the City ' s proposed purchase of his property at 3309 Stinson 41 Boulevard . This property is adjacent to the Old Clark Station 42 property . 43 44 Mr . Amerman indicated he is not interested in selling his 45 property at this time . His main concern with the sale was the 46 tax consequences to him of the capital gain . The City Attorney 47 advised that the gain could be deferred if he were to buy 48 another rental property within a period of three years . 49 50 Mr . Amerman still prefers not to sell but would sell if the 51 City needed the property . The assessed value placed on the 52 property and the duplex for 1992 was $84 , 000 . Mr . Amerman will 53 seek another appraisal . • 54 H . R .A . MOLTING JUNE 23 , 1992 FAG= 5 4 5 6 The City Attorney indicated he would be willing to negotiate 7 the sale with Mr . Amerman for the appraised price and 8 relocation costs of the present tenants in the duplex . 9 10 11 8 . ADJOURNMENT 12 13 Motion by Marks , second by Wagner to adjourn the H.R.A. 14 Meeting at 10 : 21 p.m. 15 16 Motion carried unanimously 17 18 19 20 Respectfully submitted , 21 22 23 Jo-Anne Student , H.R.A. Recording Secretary 24 25 26 29 30 31 32 33 34 35 36 37 38 39 40 41 DORSEY & `'vHITNEY A Pwxrwcx.x.r 1.1 m wo P-1-1111—Cuxvuxwnun. P.O. BOX 1680 MINNEAPOLIS, MINNESOTA 55480-1680 • (61.2) 340-2600 (Tc■ ldeellrlc.11oo No.41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 :lousing and Redevelopment Authority of St. Anthony Attn: Mr. Thomas D. Burt June 23,1992 3301 Silver Lake Road Invoice No. 281081 Minneapolis MN 55418 Page 3 For Legal Services Rendered Through 05/31/92 Matter: 98 Apache Plaza TIF Project • Telephone conference with B. Thistle; review proposal; telephone conference with J. Gilligan; review proposal; conference with T. Burt and B. Thistle on proposal; review tax increment financing proposal; attend meeting with T. Burt, R. (Thistle, P. Pelstring and D. Cavanaugh on TIF proposal; telephone conference with G. Gilligan regarding restructuring of TIF for Cub store; conference regarding Apache Plaza TIF proposal; telephone conferences with Ramsey County regarding status of title on property; telephone conference with G. Gilligan regarding new proposal; telephone conference with T. Burt regarding same. Total For Services $1,705.00 Total This Matter $1,705.00 • Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE, UPON RECEIPT DORSEY & WHITNEY A V-...1.11 rYO.Lnw.-C.--- P.O. P.O. BOX 1680 MINNEAPOLIS, MINNESOTA 55480-1680 • (612) 340-2600 (T.■ IL.attllc.11oe No.41.0223777) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 Housing and Redevelopment Authority of St. Anthony Attn: Mr. Thomas D. Burt June 23, 1992 3301 Silver Lake Road Invoice No. 281081 Minneapolis MN 55418 Page 2 For Legal Services Rendered Through 05/31/92 Matter: 83 Lang Nelson Project • Review status of easements; Telephone conference with P. Brewer on refunding; Telephone conference with P. Brewer regarding easements; review easements; Telephone conference with G. Gilligan regarding proposed refinancing; telephone conference with T. Brewer; telephone conference with Kraus-Anderson attorney regarding easements. Total For Services $847.50 Disbursements and Service Charges Fax Charges 4.50 Reproduction Charges .40 Disbursements and Service Charges Total $4.90 Total This [natter $852.40 • Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY & WHITNEY A I'w RTwc wsnir IR'LI:UiNu 1'NUI[a sUr:wa CooruwwTlUws I P.O. BOX 1680 MINNEAPOLIS, MINNESOTA 55480-1680 (612) 340-2600 (T.. Ide.t1ficatloo No. 41.0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 Housing and Redevelopment Authority of St. Anthony Attn: Mr. Thomas D. Burt June 23, 1992 3301 Silver Lake Road Invoice No. 281081 Minneapolis MN 55418 For Legal Services Rendered Through 05/31/92 Matter: 75 City of St. Anthony HRA General Prepare letter to auditors; review records regarding same; telephone conference with D. Amerman regarding purchase of property north of old Clark station; questions regarding expiration- of tax increment district. Total For Services $446.25 Disbursements and Service Charges Reproduction Charges 4.00 Disbursements and Service Charges Total $4.00 Total This Matter $450.25 WRS/615 Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT BRUCE A. LIESCH ASSOCIATES, INC. 13400 15TH AVENUE NORTH MINNEAPOLIS, MN 55441 (612) 559-1423 INVOICE June 30, 1992 Project 61288. 00 MR. DAVID URBIA, MANAGEMENT ASSISTANT CITY OF ST. ANTHONY 3301 SILVER LAKE ROAD ST. ANTHONY, MN 55418-1697 Project: ST. ANTHONY KENZIE-COOLI Professional Services: June 1 , 1992 through June 30, 1992 --------------------------------------------------------- PROFESSIONAL PERSONNEL Hours Rate Amount Davis, Steven K. 1 . 0 50 . 00 50.00 Van De North, John 1 .8 35 . 00 63.0.0 Totals 2 .8 113.00 ------------- Total Labor 113.00 REIMBURSABLE EXPENSES • Copying Costs EX 00417 06/30 Van De North, John Photocopies 06/30 1 .60 Misc Reimbursable Expens EX 00417 06/30 Van De North, John Pakring 06/26 1 .45 ------------- Total Reimbursables 3.05 TOTAL THIS INVOICE 116.05 NET 30 DAYS HRA RESOLUTION NO. 9 9 2-0 0 3.._ . RESOLUTION APPROVING EXECUTION OF SUBORDINATION AGREEMENT RELATING TO REDEVELOPMENT CONTRACT WITH ST. ANTHONY LANEL BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"), as follows: 1. Recitals. The HRA entered into a Redevelopment Contract dated August 4, 1988 (the "Development Contract"), with St. Anthony LaNel, a Minnesota general partnership (the "Developer") whereby the HRA sold certain premises described therein (the "Land") to the Developer. The Developer has constructed a 201 unit apartment building on the Land (the "Project"). Pursuant to the Development Contract, the HRA has executed and delivered to the Developer a deed to the Land (the "Deed"). To secure performance of the Developer's obligations under the Development Contract, the HRA has imposed certain covenants, restrictions and limitations on the Land and has retained certain reversionary and other rights in and to the Land, all as more fully set forth in the Development Contract and the Deed. The Developer has proposed to transfer its interests in the Project to Autumn Woods Partners Limited Partnership, a Minnesota limited partnership (the "Partnership"). To support payment of certain housing development refunding revenue bonds (the "Bonds") proposed to be issued by the City of St. Anthony (the "City") for the benefit of the Partnership to refund bonds issued by the City to finance the Project, Asset Guaranty Reinsurance Company, a New York corporation (the "Insurer"), will issue a Bond Insurance Policy (the "Policy"). The Partnership will agree to reimburse the Insurer for all amounts paid by the Insurer under the Policy pursuant to the terms and conditions of a Reimbursement Agreement between the Partnership and the Insurer (the "Reimbursement Agreement"). The obligations of the Partnership arising under the Reimbursement Agreement, together with certain other obligations of the Developer to the Insurer, will be secured by a Mortgage (the "Mortgage") and an Assignment of Rents (the "Assignment"). As a condition to issuing the Policy, the Insurer has required that the HRA execute a Subordination Agreement whereby the HRA fully subordinates all rights and interests of the HRA in and to the Land, the Project and all rights appurtenant thereto (collectively referred to as the "Premises") of any kind whatsoever under the Development Contract or the Deed, including but not limited to the HRA's rights to reversion of title and re-entry, to the lien of the Mortgage, the Assignment and any other lien or security interest at any time hereafter acquired by the Insurer or the trustee for all or any portion of the Premises. 2. Approval of Subordination Agreement. A draft of the Subordination Agreement has been presented to this Board and is ordered placed on file in the office of the Executive Director. The Chairman and Secretary are hereby authorized and directed to execute and deliver the Subordination Agreement on behalf of the HRA in substantially the form presented hereto with such changes and modifications as may be approved by the officers executing the Subordination Agreement. The execution and delivery of the Subordination Agreement by the Chairperson and Secretary shall be conclusive evidence of the approval of any changes and modifications to the Subordination Agreement by such officers. Passed the 14th day of July, 1992. Chairperson . Attest: Executive Director N LoNel L _ Financial Group, Inc. 9'a 4601 Excelsior Blvd., Suite 601 Minneapolis, MN 55416 (612)920-5338 June 18, 1992 Tom Burt City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Autumn Woods Dear Tom, In reviewing my records I do not find that a Certificate of Completion was ever executed with respect to Autumn Woods. Very possibly; the City has held up on that pending the • satisfactory execution of all easements. Now that that is completed, would you please have the attached certificate executed and returned to me as soon as possible. If you have any questions, please give me a call . Very truly yours, P ul G. Brewer President PG3/lp cc : Bill Soth Frank Lang Dreg Bronk Enclosure EXHIBIT 1 CERTIFICATE OF COMPLETION WHEREAS, the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, ("Grantor") by a deed (the "Deed") recorded in the Office of the in and for the County of Hennepin and State of Minnesota, as Document No. , has conveyed to ST. ANTHONY LANEL, a Minnesota general partnership, the land in the County of Hennepin and State of Minnesota described on Exhibit 1 attached hereto and made a part hereof ("Subject Property" ) ; and WHEREAS, the Deed contained certain covenants and restrictions the breach of which by Grantee, its successors and assigns, would result in the reversion of title to the Subject Property to Grantor, its successors and assigns; and WHEREAS, Grantee has fully and duly performed all of said covenants and conditions; NOW, THEREFORE, it is hereby certified that all requirements of Grantee under the Deed and the Agreement referred to in the Deed with respect to the Subject Property have been completed and duly and fully performed, and the • provisions for forfeiture of title and right to re-entry for breach of condition subsequent by Grantor are hereby released absolutely and forever, this instrument to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement referred to in the Deed as they relate to the Subject Property. . Dated this day of 198_. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary