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HomeMy WebLinkAboutCC PACKET 06252002 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102967 Box: 29 Folder: CC PACKETS 2001-2004 Document: CC PACKET 06252002 M H.R.A. IMMEDIATELY FO 1 REGULAR COUNCIL MEETING. J CITY OF ST. ANTHONY J Our mission is to be a progressive and livable community, a walkable village, which is safe and secure. CITY.CO__UNCIL MEETING AGENDA June 25, 2002 7:00 PM Council Chambers Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the Following Items: I. Approval of June 25, 2002 City Council Meeting Agenda. Action requested. II. Proclamations and Recognitions. III. Community Forum. Individuals may address the City Council about any item not included on the- regular agenda. Speakers are requested to come to the podium, state their name and address for-the Clerk's record and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this' time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. IV. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 1. Consider June 11, 2002 Council meeting minutes. (pp. 1 - 9) 2. Consider licenses and permits. (pp. 10 - 11) 3. Consider payment of claims. (pp. 12 - 14) V. Public Hearings. VI. Reports From Commissions and Staff. 1, *Planning Commission report on June 18, 2002 meeting. The Planning Commission recommended Council approval of the four requests from Culver's owners: Page 2 A. Resolution 02 - 054; Consider following four requests to allow construction of a Culver's Family Restaurant at 4000/4001 Silver Lake Road: Action requested. (pp. 15 - 18) 1) . Conditional use permit for a drive-through restaurant located less than 250 feet from a residential zone. 2) On-site parking variance for required number of spaces for every 50 square feet of floor area for a fast food, take-out, or convenience restaurant. 3) Lot combination for Lot 1, Block 1, Apache Plaza with Lot 2, Block 1, Apache Plaza. 4) Rear yard setback variance of 4.25 feet to meet the 20 foot setback requirement. In addition, at their June 18, 2002 meeting, the Planning Commission recommended Council approval of the following ordinance amendments: B. Consider amendment to City Ordinance relating to the definition of "garage" and "accessory building" and to regulate the size of garages in residential districts. 1s' reading..Action requested. (pp. 19 - 21) C. Consider amendment to City Ordinance regulating the placement of ground signs. 1s' reading. Action requested. (pp. 22 - 23) D. Consider amendment to City Ordinance to delete Section relating to wax in the production of candles and the production of home fragrance products as a manufacturing permitted use in the Light Industrial district. 1s' reading. Action requested. (pp. 24 - 25) VII. General Policy Business of the Council. .VIII. - Reports From City Manager and Councilmembers. IX. Information and Announcements. X. Miscellaneous Informational Documents. XI. Adjournment. *For detailed information on Planning Commission issues, the City Council may refer to their Planning Commission packets for the June 18, 2002 meeting. I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 June 11, 2002 4 CALL TO ORDER 5 Mayor Hodson called the meeting to order at 7:05 p.m. 6 PLEDGE OF ALLEGIANCE. 7 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance. 8 ROLL CALL. 9 Present: Mayor Hodson; Councilmembers Horst, Thuesen, and Faust. 10 Absent: Councilmember Sparks. 11 Also Present: City Manager Mike Mornson. 12 CONSIDERATION,DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 13 ITEMS. 14 I. APPROVAL OF JUNE 11, 2002 CITY COUNCIL MEETING AGENDA. 15 Motion by Councilmember Thuesen, second by Councilmember Faust, to approve the City 16 Council Meeting Agenda of June 11, 2002. 17 Motion carried unanimously. 18 II. PROCLAMATIONS AND RECOGNITIONS. 19 A. Proclamation declaring National Niaht Out. 20 Councilmember Faust read the Proclamation aloud for the Council and residents. 21 Motion by Councilmember Faust, second by Councilmember Horst, to proclaim that 22 Tuesday, August 6, 2002, as"National Night Out" in the City of St. Anthony. .. 23 Motion carried unanimously. 24 III. COMMUNITY FORUM. 25 Mayor Hodson invited residents to come forward at this time and address the Council on items 26 that are not on the regular agenda. 27 Resident Bob Nehring, 3017 Wilson Street Northeast, came forward to address some concerns 28 with the 2002 Street Reconstruction project. He stated that he has been without a driveway for 29 seven weeks, which is a significantly longer period of time than what he was originally told. He 30 added that it took all six residents to contact WSB before they received a returned phone call. 31 Nehring added that his concern is that there is a lot of work to still be done on the project and 32 encouraged the Council to see to it that other residents are not forced to deal with similar issues. I Mayor Hodson stated that he felt that seven weeks without a driveway was intolerable, and asked 2 that Mike Mornson do the appropriate follow-up with WSB to resolve the problem, and prevent 3 any similar problems for other residents. 4 Mornson stated that Hank Abbott is the head contractor with WSB and that he would contact 5 him about the problem. 6 Paulette Tombarge, 3013 Wilson Street Northeast, came forward to support what her neighbor, 7 Bob Nehring, had stated this evening. She thanked the Council for their attention to the matter. 8 IV. CONSENT AGENDA. 9 1. Consider May 23, 2002 Council meeting minutes. 10 2. Consider licenses and permits. 11 3. Consider payment of claims. 12 4. Resolution 02-051 re: Amendment to local government information systems (LOGIS). 13 5. Resolution 02-052 re: Community Development Block Grand and HOME Programs. 14 Motion by Councilmember Faust, second by Councilmember Thuesen, to approve the Consent 15 Agenda. 16 Motion carried unanimously. 17 V. PUBLIC HEARINGS. 18 None. 19 VI. REPORTS FROM COMMISSIONS AND STAFF. 20 A. Presentation from the Housing Resource Center. 21 Mornson stated that The Greater Metropolitan Housing Corporation (GMHC)was 22 something that they looked into under direction of Mayor Hodson where existing 23 homeowners could qualify for low interest loans for the purpose of doing home 24 improvements. 25 Carolyn Olson, President of The Greater Metropolitan Housing Corporation of the Twin 26 Cities, introduced Jennifer Bergman, Director of the Housing Resource Center, who was 27 present to provide the Council with a presentation on the Greater Metropolitan Housing 28 Corporation: 29 History of GMHC: 30 • GMHC was created in 1970 by major Minneapolis businesses. 31 • With the primary purpose to improve the availability and quality of affordable 32 housing for low and moderate-income families and individuals. 33 GMHC Mission Statement: 34 • "To preserve, improve and increase affordable housing for low and moderate 35 income individuals and families, as well as assist communities with housing 36 revitalization." City Council Regular Meeting Minutes a3 June 11, 2002 Page 3 1 GMHC Programs: 2 • Predevelopment Loans. 3 • Single family Home Ownership. 4 • Housing Resource Centers. 5 Predevelopment Loan Program: 6 • GMHC provides technical assistance and high-risk predevelopment loans to 7 organizations to assist in the development of quality affordable housing. 8 • These loans cover expenses such as architectural fees, surveys, environmental and 9 soil testing, land and building costs, consultants and bridge loans. 10 • During 2001, 645 units of housing for low and moderate-income families went 11 under construction or renovation with a total development cost of$44,909,319. 12 • GMHC provided $1,355,150 high-risk, front-end loans to these projects. 13 • Since inception, GMHC has provided loan commitments of$26,276,922 for the 14 development of 17,458 units of affordable housing with a development cost of 15 over$1,056,117,366. 16 Single Family Home Ownership Program: 17 • GMHC in cooperation with public agencies, neighborhoods, etc. builds and/or 18 renovates single-family homes in the inner-city of Minneapolis. 19 • The majority of the homes are sold to persons of low and moderate income who 20 are typically first time homebuyers. 21 • During 2001, GMHC had 102 single-family homes in process (87 new and 15 22 rehab) at a development cost of$15,810,000. 23 • Since inception, GMHC has constructed or renovated over 1,200 homes with a 24 total development cost of over$102,000,000. 25 Housing Resource Centers: 26 • The purpose of the Housing Resource Center is to provide comprehensive free 27 housing services to all residents of participating communities while also 28 improving the community and its housing stock. 29 HRC History: 30 • GMHC has four Housing Resource Centers. 31 • The first HRC was opened in Northeast Minneapolis at 909 Main Street NE. 32 • At the request of Hennepin County, GMHC opened another Center providing 33 services to Brooklyn Center, Crystal,New Hope, and Robbinsdale at 44`h and 34 Penn Avenue North in 1998. 35 • In 1999, the City of Minneapolis requested that we open another office to serve 36 . South Minneapolis and we opened a Housing Resource Center at 3800 37 Longfellow Avenue South. 38 • In April 2000, the City of Robbinsdale approached GMHC requesting HRC 39 services for their residents. 40 • Starting July 1, 2001, we began serving all of the cities in the I-35W Corridor and 41 the City of Coon Rapids. City Council Regular Meeting Minutes 4 June 11, 2002 Page 4 1 • Starting in 2002, we began serving the City of North St. Paul and the City of 2 Columbia Heights. 3 • In May 2002, we opened our 4`h HRC in Shoreview to serve our North Metro 4 clients. 5 HRC Services Provided: 6 • Clearinghouse of information. 7 • Program Administrator. 8 • Construction Management Services. 9 Clearinghouse of Information: 10 • Provide information on a variety of information including: 11 o Home Maintenance and Safety Topics. 12 o Home Improvement Financing. 13 o First Time Home Buyer Classes. 14 o Limited Rental Information. 15 Program Administrator: 16 • GMHC administers a number of loan programs. 17 • Assist homeowners through the loan application and disbursement process.. 18 • Provide neighborhoods and cities with reports on program balance and activity. _. 19 HRC Programs Offered: 20 • MHFA Fix Up Fund—Home improvement loans at 6.5% for homeowners with 21 incomes of$77,000 or less. 22 • 45 different NRP home improvement and home buyer programs. 23 • Hawthorne Homestead Program. 24 • Abbott Northwestern 25 • EZ Smart Commute 2"d Mortgage. 26 NRP Loan Programs: 27 • The HRC administers 45 different Neighborhood Revitalization Program loans 28 including: 29 o - Grants. 30 o Rebates. 31 o Deferred Loans. 32 o Revolving Loans. 33 o First Time Home Buyers. 34 o Commercial Loans. 35 Construction Management: 36 • The HRC provides free construction consultation to residents of participating 37 communities. These services include: 38 o Providing general advice on home improvement projects. 39 o Providing homeowners assistance in writing scope of work and selecting 40 contractors. City Council Regular Meeting Minutes June 11, 2002 Page 5 1 o Resolving conflicts between homeowners and contractors. 2 Benefits of Hiring GMHC: 3 • Accessibility: 4 o Someone almost always answers our phones; you will not be put into a 5 web of voice mail messages. 6 o Residents can call us back as much as they need. 7 o They are provided with as much information as is needed. 8 o We follow-through with the residents to make sure they were satisfied. 9 • Accountability: 10 o We will follow-through with homeowners to ensure that home 11 improvement projects are completed. 12 o We provide monthly reports with the information that you need. 13 o We follow-up with homeowners to make sure that programs are 14 maximized and usage is correct. 15 • Flexibility: 16 o We understand that each person has different needs, different 17 understanding and we will meet them where they are at. 18 o We will meet the education and assistance they need throughout the life of 19 their program. 20 o We are able to change what needs to be changed as the program goes on._: .... 21 o We are open one Saturday a month or weekend appointments,if needed. 22 Councilmember Horst asked if GMHC was looking to open an office in St. Anthony. 23 Olson stated that they service out of a hub area. She added that the City of St. Anthony 24 would be closest to the Northeast Minneapolis office. 25 Olson stated that about 1/3 of their clients are younger, and 1/3 of their clients are older. 26 She stated that a large portion of their business comes via word of mouth. 27 The Council offered a couple of different scenarios that they may encounter and asked 28 Olson to explain the ways in which the different situations would be handled. 29 Mayor Hodson asked about the cost to the City of St. Anthony in order to join the 30 corporation. Olson stated that the annual cost to belong to the GMHC is $10,000. 31 Morrison informed the Council that to join the GMHC for the rest of 2002 would cost the 32 city$5,000 because half of the year is already over. He added that they have the money 33 set aside in the Housing and Redevelopment Authority. 34 35 Motion by Councilmember Thuesen to allocate $5,000 out of the Housing and 36 Redevelopment Authority for the City of St. Anthony to join The Greater Metropolitan 37 Housing Corporation of the Twin Cities. 38 Motion carried unanimously. City Council Regular Meeting Minutes 6 June 11, 2002 Page 6 1 D. Resolution 02-053 re: Joint Powers Agreement with Roseville relating to a Police 2 Tactical Team. Chief Engstrom will be present. 3 Chief Engstrom came forward and first thanked the Council for approving National Night 4 Out in the City of St.Anthony. 5 Engstrom indicated that the agreement is a rather standard one, and recommended that 6 the Council sign the"Joint Powers of Agreement"that will be a benefit for the citizens of 7 the community by enabling the Police Department to respond quickly in any critical 8 incident that requires specialized training to deal with it. 9 Councilmember Horst how this was different from the Joint Powers of Agreement that 10 they have with the City of Minneapolis. Engstrom stated that this was strictly SWAT 11 action, and the City of Minneapolis has problems of it's own due to the large size of the 12 community. The City of Roseville is beneficial due to the close proximity and the . 13 availability of officers. 14 Engstrom stated that they are under Joint Powers with Ramsey County and Hennepin 15 County,but that it is best to have a separate Joint Power of Agreement for this specific 16 service. 17 Councilmember Faust stated that he believes that this is prudent public safety and that it 18 is a good idea. 19 Mayor Hodson added that he fully supports this Joint Power of Agreement, as well as 20 respects the opinion of Chief Engstrom. 21 Motion by Councilmember Faust, second by Councilmember Thuesen, to adopt 22 Resolution 02-053, re: Approving a Joint Powers Agreement relating to a Police Tactical 23 Team with the City of Roseville and authorizing the Mayor and City Manager to execute 24 the agreement on behalf of the City of St. Anthony Village-. 25 Motion carried unanimously. 26 E. Discussion of parking options around the St. Anthony High School. 27 Chief Engstrom stated that on April 23,2002, he sent a letter accompanied by options for 28 parking around the high school on Rankin, 32nd, 33`d, Skycroft Drive, Hilldale, and 29 Townview. He added that the letters were sent to 78 neighbors in that immediate area, 30 and that28 responses have been received by return of the options questionnaire. 31 Engstrom indicated that they have been averaging 28 cars that are parked on the streets. 32 He added that a fair amount of the cars are parked illegally, parking too close to a stop- 33 sign,or a cross-walk. 34 Engstrom stated that 14 of the 28 respondents chose option#2 of signage "No Parking 35 On One Side of the Street, Monday Thru Friday During School 7:00 A.M. to 3:00 P.M." 36 Mayor Hodson stated that he was in favor of option#2, as it is easier than issuing 37 permits, etc. City Council Regular Meeting Minutes June 11, 2002 Page 7 1 Councilmember Thuesen asked who decided which side of the street the parking sign 2 would be placed. Engstrom stated that the Police Department, Fire Department, and 3 Public Works Department would jointly make the decision. 4 Councilmember Horst noted that enforcement would need to continue in order for any of 5 the options to be successful. 6 The Council stated their full support on the efforts of the Police Department, and Chief 7 Engstrom's recommendation. 8 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 9 None. 10 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 11 Mornson provided the Council with a Quarterly Progress Report on the 2002 Goals for the City 12 of St. Anthony, as well as his personal comments regarding the progress: 13 • Redevelop Apache Center Area Property. . 14 o Redevelopment Agreement signed; meetings held every 2 weeks with developer. 15 o Target completion date: October 2005. 16 • Develop Public Facilities Plan: 17 o Kraus Anderson_ presented Construction Management concept on April 1, 2002 to 18 the Council. 19 o Target completion date: April 2003. 20 o Facilities more likely April 2004. 21 • A. Public Works facility: . 22 o Communication plan adopted May 28, 2002. 23 o Target completion date: February 2003. 24 o April of 2004 is more likely than February 2003. 25 • B. SAV #1: 26 o Still working on preliminary information before consultants are selected. 27 o Target completion date: December 2002. 28 o Stonehouse issue likely to determine new store. December 2002 not realistic. 29 • C. Stonehouse: 30 o Jim Demoricki hired to work with charitable gambling board, 90 to 120 days. 31 o Target completion date: January 2003. 32 o Resolution passed on liquor license referendum May 28, 2002. 33 • D. Fire Station: 34 o Communication plan proposed may 28, 2002. 35 o Target completion date: February 2003. 36 o April 2004 more likely than February 2003. 37 • Maintain legislative presence on critical St. Anthony issues: 38 o Success based on bonding, wine and grocery defeated, no LGA reductions. 39 o Target completion date: June 2003. 40 o Goal successfully completed. 41 • Develop plan for long term financial needs. 42 o Last workshop with Ehlers and Associates for August. City Council Regular Meeting Minutes June 11, 2002 Page 8 1 o Target completion date: June 2002. 2 o June 2002 will be August 15, 2002. 3 • Enhance community involvement in critical city issues: 4 o Updated WEB page, installed improvements to cable access channel, fire and 5 liquor departments develop customer service feedback cards, Mayor's Coffee 6 Hours. 7 o Target completion date: December 2002. 8 o Status is on-going. 9 Mornson stated that they are making a lot of progress on their goals. 10 Mornson informed the Council that they have two offers at this time for the acre lot that they 11 own on Kenzie Terrace. He stated that both offers look very favorable with no TIF assistance 12 requested. 13 Mornson suggested that they cancel the City Council meeting of July 9, 2002 due to the lack of 14 items on the agenda. The Council agreed to cancel the meeting at this point. 15 Councilmember Thuesen congratulated the liquor operations for their financial successes 16 revealed in the April report. 17 Councilmember Thuesen asked what was happening with skateboard park and the associated 18 noise. Mornson stated that he thought the Parks Commission decided at their last meeting to 19 comprise a sub-committee to address the concerns regarding the low-frequency noise. 20 21 Mayor Hodson stated that he hoped that they could dampen the noise for residents,but stated 22 that it was unlikely that the noise could be eliminated. He added that the park served a great 23 purpose for youths, keeping them out of trouble. 24 Councilmember Faust stated that he attended another Sister-Cities'meeting. He indicated that 25 they would be in St. Anthony on the evening of June 6, 2002 and, hopefully, attend the National 26 Night Out in the City of St. Anthony. He reviewed the rest of the agenda for the visitors with the 27 Council. 28 Councilmember Faust stated that he would attend the League of Minnesota Cities conference 29 next week. .30 Councilmember Faust suggested that they take a tour of the city on June 25, 2002 when they are 31 doing the lobbying effort for the Northwest Quadrant, and will have a bus. 32 Mayor Hodson stated that he thought that the tour was a great idea, as did the rest of the Council. 33 Mornson stated that he would arrange the tour. 34 IX. INFORMATION AND ANNOUNCEMENTS. 35 None. 36 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. City Council Regular Meeting Minutes June 11, 2002 Page 9 1 None. 2 XI. ADJOURNMENT. 3 Motion by Councilmember Faust , second by Councilmember Thuesen, to adjourn the meeting at. 4 8:42 p.m. 5 Motion carried unanimously. 6 Respectfully submitted, 7 Courtney Seesz 8 Timesaver Off Site Secretarial, Inc. 9 10 Mayor 11 ATTEST: 12 City Clerk 10 Saint Anthony Village DATE June 25, 2002 Approval: TO: Mayor and Councilmembers FROM: Judy Monson,License Clerk ITEM: Licenses and Permits for Approval: General Contractors License: K.M. Nelson Stucco Contractors, Elk River, MN Heating Contractors License: Automatic Garage Door&Fireplace, Brooklyn Park, MN Apollo Heating & Air Conditioning, Oakdale, MN Alliance Mechanical Services, Inc., Roseville, MN Albers Mechanical Contractors, St. Paul, MN Alliant Mechanical,Eagan,MN Centraire Heating& Air Conditioning,Eden Prairie, MN Gilbert Mechanical Contractors, Inc.,Edina, MN Master Mobile Home Service, Blaine, MN Metropolitan Mechanical Contractors,Eden Prairie, MN Practical Systems, Rogers, MN River City Sheet Metal, Inc., Coon Rapids, MN Royalton Heating & Air Conditioning, Brooklyn Park, MN Sedgwick Heating & Air Conditioning, Minneapolis, MN Superior Contractors, Crystal, MN Sharp Heating& A/C Inc., Fridley, MN Thermex Corporation, St. Louis Park, MN Yale Incorporated, Bloomington, MN Kath Heating & Air Conditioning, Little Canada, MN Heating &Cooling for Two Inc., Maple Grove, MN Boehm Heating Company, St. Paul, MN Blaine Heating, Anoka, MN Egan Mechanical Contractors, New Hope, MN McGuire & Sons, Hopkins, MN Standard Heating& A/C, Minneapolis, MN Dave's Heating & Air Conditioning, Columbia Heights, MN 11 . Page 2 Multiple Dwelling License: Location: Owner/Property Manager: 2626 Kenzie Terrace Walker Corporation Walker on Kenzie 3737 Bryant Avenue S, Mpls., MN 3817 Macalaster Drive Halverson & Blaisen Group LTD Apache Manor 7800 Metro Parkway, Suite#300 Bloomington, MN 2808 Silver Lane NE Sentinel Management Company, LLC Equinox.Apartments 5215 Edina Industrial Blvd, #100_ Edina, MN 55439 . 12 BRC FINANCIAL_ SYSTEM ST. ANTHONY VILLA; 06/18/2002 11e Check Register GL540R-VO6.40 'PAGE BANK VENDOR CHF_CK# DATE AMOUNT FIRS BREMER BANK NA - - __- 008696 A. J . GALLAGHER & CO. OF 17863 06/26/02 450.00 00824.2 AFFILIATED COMPUTER SERV 17864 06/26/02 2-,,745-.82------. 008471 AIRGAS NORTH CENTRAL_ 17865 06/26/02 67.99 004271 AT&T BROADBAND 17866 06/26/02 4.66 _ 008255 AVAYA, INC . 17867 06/26/02 29.32____"__ 008555 RIFFS, INC . 17868 06/26/02 547.64 007253 BRAKE. & EQUIPMENT WAREHO 17869 06/26/02 24.00 007157 BROCK WHITE COMPANY, LLC 17870 06/26/02 _ 56.34 000535 BUREAU OF CRIMINAL_ APPRE 17871 06/26/02 80.00 008652 CARTRIDGE CARE 17872 06/26/02 491 . 13 _ .00005 CITY OF MINNF_APOLIS 17873 06/26/02 500.00 _. 008542 CITY OF MOUNDS VIEW 17874 06/26/02 29.75 008577 CITY OF ST. PAUL 17875 06/26/02 545.24 .00001 CODE 3 17876 06/26/02 000807 DIAMOND VOGEL PAINTS 17977 06/26/02 100 .43 004110 DICKSON ELECTRIC 17878 06/26/02 832.00) 0_07371 DISCOUNT STEEL, INC . 17879 06/26/02 14. 68 - 000820 DORSEY & WHITNEY 17880 06/26/02 , 1 ,783.25 008666 EASYLINK SERVICES CORPOR 17881 06/26/02 51 .°0 _ _.008825_ ED M: FELD EQUIPMENT . CO. 17882 06/26/02 _ 8.7.50____-__ 008009 ELAN FINANCIAL_ SERVICES 17883 06/26/02 219.37 008362 EMBEDDED SYSTEMS, INC . 17884 06/26/02 384.00 008340 FAIRVIEW OCCUPATIONAL_ HE 17885 06/26/02 - 408 ._00 008153 FILTERFRSH 17886 06/26/02 44.89 .00006 FIRE PROT. PUBLICATIONS 17887 06/26/02 300.00 _ _0_087_44 FOUR POINTS HOTEL MINNEA 17_888 06/26/02 1.28_._-_49 008647 FRATTALLONE 'S HARDWARE 17889 06/26/02 15.37 001025 G & K SERVICES 17890 06/26/02 67.98 _ 001030 G_& K SERVICES INC _ 1'7891 06/26/02 25_9.66 001145 GL_.ENWOOD INGLEWOOD 17892 06/26/02 59.8,1. 001180 GOODIN COMPANY 17893 06/26/02 51 .73 __ 001420 HAWKI_NS WATER TREATMENT 17894 06/26/02 583.6_6 008252 HOME DEPOT-GECF 17895 06/26/02 237.67 001980 LEAGUE OF. MN CITIES 17896 06/26/02 60.00 _ 00_2040 LILLIE_ SUBURBAN NF_WSPAPE , 17897 06/26/02 _ 28 .68 004233 LMCIT % BERKLEY RISK SE 17898 06/26/02. 18, 149.50 008855 MACRO GROUP, INC . 17899 06/26/02 320.00 _002160 MARSHALL CONCRETE PROD _17900 06/26/02 __2,867, 008710 MATRX MEDICAL_ INC . 17901 06/26/02 87 .65 008467 MIDWAY FORD 17902 06/26/02 232.26 --- --002280 M_TnWEST AS 'HAl_T�OR2-_ 173_Qa-06-L?bLOL?- 003636 MUSKA ELECTRIC CO. 17904 06/26/02 6, 157.89 .00007 ODDITEE 'S 17905 06/26/02 62 .00 --_.__---00004-5----OF_F-OF .-L7-9.06-06/26402 001230 ONE CALL CONCEPTS, INC . 1790'7 06/26/02 131 .75 008811 PARK CONSTRUCTION 17908 06/26/02 110, 342.07 _- -----008594 __PETE.RPSL_T.ND.RIH----__ ?-----.-------27...4-1----...- 004492 QWEST 17910 06/26/02 301 .4-1. � 13 B RC FINANCIAL SYSTEM ST. ANTHONY VILLA 06/18/2002 11 : Check Register GL540R--V06.40 PAGE BANK VENDOR CHECK# DATE AMOUNT — FT-RS B-REMPR BA K—NA -- --- 008372 OWEST INTEPRISE AMERICA, 17911 06/26/02 49.95 05270 ROEEVT1 < F RADIO L7-91.2-0-6-/26402- __-.- .00002 RYAN/JENNIFER M. 17913 06/26/02 517 .25 003310 SEARS ROEBUCK & CO 17914 06/26/02 9.214 008.682 SEEDOREE MASORR_Y—IND-U..v32.R 17_91.5-06426402 1_r1Q6-.51----- 008214 SNYDER DRUG 17916 06/26/02 5.31 007072 ST ANTHONY CHAMBER OF CO 17917 06/26/02 160. 00 _ _00003 ST ANTHONY fJHgMRFR OF 17918-06426402 260.00---- 008793 ST. ANTHONY SISTER CITY 17919 06/26/02 500. 00 008846 STANTON GROUP 17920 06/26/02 128.27 .00004 STFPHFNS/Al VA 1792J--06,/-26/-O'. 1 x._00 003490 STREICHER 'S 17922 06/26/02 417.33 .00008 T.F. CAMPBELL CO. , INC . 17923 06/26/02 54.20 -_. 00B840 THdMASJ+IALKFR CdNS_llLtUllG 1-79.24 Q-61-26402—_-- 90--._0.0 __ 007337 TIMESAVER OFF SITE SECRF_ 17925 06/26/02 179 .50 003560 TRACY PRINTING 17926 06/26/02 331 .25 ---�QBf��_ T1►1��OLLIF_S_-IRANS_P0-ELT�N iZ927__0.6./�6/-02- 008336 UNITED ELECTRIC COMPANY 17928 06/26/02 19.85 008561 UNITED RENTALS COMPANY 17929 06/26/02 88 .30 008264 URA I Bf3W 1Z930-061-261-02_-- 16_,_000-0-0----- 008227 VERIZON WIRELESS, BELLEV 17931 06/26/02 903. 05 003700 VIKING INDUSTRIAL CENTER 17932 06/26/02 81 .30 002680 XCEL E_IERGY 179 3 O-6.L2 6L0.2 1-2-,42.7-..651----_ 000830 ZEE MEDICAL SERVICE 17934 06/26/02 69.49 .00001 ZIMMERMAN/THOMAS 17935 06/26/02 32.99 BREMER BANK NA 185,013.00 � : 14 BRC FINANCIAL SYSTEM ST. ANTHONY VILLi 06/18/2002 13: Check Register GL540R-VO6.40 PAGE HANK VENDOR . CHE_CK# DATE AMOUNT LIAR LIQUOR CFIECKIhIG�OC LLNT 008696 A. J . GALLAGHER & CO. OF 20814 06/26/02 57 .50 _ 00e311 004014- ALLIED PAPER CO. 20816 06/26/02 62.50 004015 AMERIPRIDE LINEN 20817 06/26/02 336. 51. 004293 BELLBOY CORP. 20$_1_$_0261-c 008827 BLACKEY 'S BAKERY 20819 06/26/02 40.05 008435 BROADCAST MUSIC INC . 20820 06/26/02 745.20 004065 CENTRAL 004085 CITY OF ST ANTHONY 20822 06/26/02 87,950.00 008814 CITY WIDE WINDOW SERVICE 20823 06/26/02 34.08 _ 004101 COMMERS CONDITIONED WATE 20824_L61_?_6_LQ2. 22_.._4Z__- 008437 DIRECTV 20825 06/26/02 39.51 004120 EAGLE WINE_ CO 20826 06/26/02 3,4e3. 12 004130 ECOLAD 20827__0_6/26/Q2-_ 10_9_._1.-CZ._-_. 004172 GRAPE BEGINNINGS, INC . 20828 06/26/02 328 . 00 004175 GRIGGS COOPER & CO INC 20829 06/26/02 13, 708.35 08252 HOME DEPOT-GE_CF 20830 06/26/02 5.9` 008547 INTERNATIONAL CIGARS, IN 20831 06/26/02 202.65 004220 JOHNSON BROTHERS LIQUOR 20832 06/26/02 .11 ,378 . 12 00_204.0 LILLIE_ SUBURBAN NE_WSPAPE 20833 - 06/_26/02 230.00 004233 LMCIT % BERKLEY RISK- SE 20834 06/26/02 1 ,323 .25 004265 MARK VII SALES INC 20835 06/26/02 37. 75 _ 00_8_671 MENGE_LKOCH CO_ . 20836_0_6/_2 6/02 _ 20_.00 004.299 MPLS. OXYGEN CO. 20837 06/26/02 10.56 004334 NORTHEASTER 20838 06/26/02 372.30 0_04339 NTN COMMUNICATIONS INC 20839 06/26/02 4-_80._00____ 004345 OLD DUTCH FOODS INC 20840 06/26/02 16 .80 004354 PAUSTIS & SONS 20841 06/26/02 931 .00 004360 PHILLIPS WINE_ & SPIRITS ______20842 06 276/ ?_—_-c-:_9_^03. 06 _ 004361 PINNACLE DIST. 20843 06/26/02 5,633.82 008770 PORTER/WIl_L_IAM 20$44 06/26/02 67 .00 004376 PRIOR WINE CO 20845 06/26/02 3_ �D - 004385 QUALITY WINE CO 20846 06/26/02 6,787 .38 008219 QWEST DEX 20847 -06/26/02 588.70 008597 R.D. HANSON ASSOC-. ._ 20848 06/26/02 __120.�5_----- 002380 REL_.IANT ENERGY MINNEGASC 20849 06/26/02 783.34- 008846 STANTON GROUP 20850 06/26/02 89 .43 008875 TRIO SUPPLY COMPANY __--_ 20851 06/26/b2 443__.96_____ 004480 TWIN CITY FILTER SERVICE 20852 06/26/02 117 .70 008507 US FOODSERVICE 20853 06/26/02 1 ,099.77 002680 _ XC_E_L ENERGY --- ---2080' 06/26/02--------3_,_0 5.55'-----.... 003840 ZEP MFG COMPANY 20855 06/26/02 97.4.5 LIQUOR CHECKING ACCOUNT -15 CITY OF ST. ANTHONY VILLAGE 0. RESOLUTION 02 -054 A RESOLUTION APPROVING REQUESTS FOR A CONDITIONAL USE PERMIT,PARKING VARIANCE; LOT COMBINATION; AND,A REAR YARD SETBACK VARIANCE FOR CONSTRUCTION OF A CULVER'S FAMILY RESTAURANT AT 4000/4004 SILVER LAKE ROAD WHEREAS, Steve Sparks and Julie Chien,owners of Culver's Family Restaurant in Vadnais Heights,have submitted a proposal to build a Culver's Family Restaurant in St. Anthony Village, to be located on what is now 4000/4004 Silver Lake Road; and WHEREAS, approval of the following four applications is being sought by said owners: 1. Conditional use permit for a drive-through restaurant and because restaurant is located less than 250 feet from a residential zoning district; 2. On-site parking variance for required number of spaces for every 50 square feet of floor area for a fast food-take out, or convenience restaurant; 3. Lot combination of Lot 1, Block 1, Apache Plaza, with Lot 2,Block 1, Apache Plaza; and 4. Rear yard setback variance request of 4:25 feet to meet the 20 foot setback requirement. WHEREAS, a public hearing on the above-listed applications was held by the St. Anthony Planning Commission on June 18, 2002; and WHEREAS, at said public hearings the Planning Commission has recommended Council approval of all four applications. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony agrees with the Planning Commission recommendations, and the conditions as indicated in the minutes of the June 18,2002 Planning Commission meeting, and hereby approves the four applications listed above to allow construction of a Culver's Family.Restaurant at 4000/4004 Silver Lake Road,within the City of St. Anthony. Adopted this day of ,2002. Mayor ATTEST: City Clerk Reviewed for Administration: City Manager 16 MEMORANDUM DATE: 06/11/02 MEETING DATE: 06/18/02 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City ManagerA�_� SUBJECT: Culvers Restaurant, 4000/4004 Silver Lake Road Requested Action: A public hearing will be held on June 18 for the proposed Culvers Restaurant in the 4000 Block of Silver Lake Road. The site plan shows a 5,815 square feet restaurant with drive-through service. Notification has been sent to the property owners within 350 feet of the proposed development. The petitioners have submitted four applications for consideration: 1) Conditional use permit for a drive-through restaurant and because restaurant is + located less than 250 feet from a residential zoning district; 2) On-site parking variance for required number of spaces for every 50 square feet of floor area for a fast food, take out, or convenience restaurant; 3) Combine Lot 1, Block 1, Apache Plaza, with Lot 2, Block 1, Apache Plaza; and 4) Rear yard setback variance request of 4.25 feet to meet the 20 feet setback requirement Background: On April 16, Steve Sparks and Julie Chien, owners of the Culvers Restaurant in Vadnais Heights, met with the Planning Commission to discuss their concept plans to develop a Culvers Restaurant for St. Anthony. Tuesday, June 18 is the public hearing on four items related to the development, as follows: 1) Conditional use permit for a drive-through restaurant and because restaurant is located less-than 250 feet from a residential zoning district A drive-through restaurant is permitted in the Commercial district with a conditional use permit. The petitioner proposes a drive-through at the north side of the property with a drive that winds around to the west side of the building for stacking purposes. The petitioner plans show a drive through with a menu order board and the speaker pedestal located to the north side of the building. The speaker, pedestal faces Silver Lake Road, and according to the petitioner, is 97 feet away from the nearest residential area. Since residential units are within 250 feet of the restaurant, the use is permitted with a conditional use permit. This means conditions may be attached to the permit related to the circumstances, such as hours of operation, lighting, noise, etc. 2) On-site parking variance for required number of spaces for every 50 square feet of floor area for a fast food, take out, or convenience restaurant Per City Ordinance in a Commercial zoning district, the minimum number of parking spaces for a fast, take out, and convenience restaurants is at least one 17 Page 2—Culvers parking space for every 50 square feet of gross floor area, plus one for every three seats, plus one parking space for every employee on the largest shift. Based on this formula, the petitioner meets the criteria for one space for every three seats (160 seats/3), which is 53, plus one space for every employee on the largest shift, which the petitioner says is 12 employees; these two city requirements total 65 parking spaces. The petitioner plans for 70 parking spaces, per the plan. Because the City's Ordinance calls for one space per 50 square feet of gross floor area (5,815 square feet), the petitioner is short 111 parking spaces. The petitioner's variance request is for this parking requirement. See the variance application attached for petitioner's hardship rationale. 3) Combine Lot 1 Block 1 Apache Plaza with Lot 2, Block 1, Apache Plaza: The Culver's is planned for the site of the former Hardee's restaurant and the Exhaust Pro's building on Silver Lake Road. The petitioner wishes to combine Lot 1, Block 1, Apache Plaza with Lot 2, Block 1, Apache Plaza and own the restaurant at this location. 4) Rear yard setback variance request of 4.25 feet to meet the 20 feet setback requirement. In a Commercial district, the rear yard must have a depth of at least 20 feet. The petitioner is asking for a variance to meet this requirement. The petitioner states that the rear (or west) yard has 80 feet for 75% of the building and needs the 4.25 feet variance for their plans, which show 15.75 feet for 25% of the building. For consideration of this variance, the petitioner would like the weighted average or the combined setback as grounds to grant the variance. The west property line is adjacent to residential property. ADDITIONAL STAFF COMMENTS: 1) Parking spaces: Per City Ordinance, parking spaces must be at least 9 feet by 19 feet in a Commercial district; Culver's plans show these dimensions. In addition, please note parking spaces must be clearly marked and outlined, per city code. 2) Square footage of principal structure: The engineering and design drawings depict two different square footage totals. The petitioner has stated to city staff the correct and final square footage is 5,815. The petitioner will need to resubmit final plans to the City with the accurate numbers. 3) Site lighting: Site lighting consists of 400-watt metal halide lights on 25' poles. The petitioner's application states fixtures near the property lines are equipped with cutoffs to minimize light spill onto adjacent properties. 4) Garbage screening: Enclosed dumpsters noted on plans; they will be enclosed with 8" concrete block with brick veneer to match restaurant. It will not have a roof. 1� Page 3—Culvers 5) Storage building/accessory building: City Ordinance states that no accessory building may be located within three feet of any property line. The petitioner's plan is.to have a storage building in.the rear yard. This will need to be set back per ordinance. Code also states that if the accessory building is less than 20 feet from a property line, the building must be fire proofed. The final plans should show drawings of the accessory building. 6) Easements: The easements will need to be more clearly defined as plans are finalized and the two parcels indicated above are combined. 7) Landscaping/Screening: The landscape plan schedule shows a variety of flowers, shrubs, and trees. 8) Signage: One wall sign and one ground.sing is allowed per City Ordinance. The petitioner has not yet specified signs. 9) Engineer's Comments: City Engineer Todd Humber offered comments about the proposed plans. He has stated the petitioner's will need to obtain a permit from Ramsey County for the curb cut shown. The petitioner will also need a maintenance agreement. Lot dimensions not noted on preliminary plans; city will want on final. Finally, the City will need to see more detail of storm water and sediment plans, including calculations for sediment . removal. before final approval. 10) Building Appearance: The petitioner has included a description of the building appearance in the Southwest Design letter. 11) Northwest Quadrant Redevelopment: Dahlgren, Shardlow, and Uban (DSU) have reviewed the St. Anthony Culvers plans and offered some comments (see attached memorandum dated May 3). The petitioners we_ re given a copy of DSU's comments and have responded . 19 CITY OF ST. ANTHONY ORDINANCE 2002-002 AN ORDINANCE RELATING TO FLOOR AREA RATIO AND GARAGE/ ACCESSORY BUILDINGS; AMENDING SECTION 1605, SUBDS. 1; 31; AND 33 OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. The St. Anthony City Code is hereby amended to clarify definitions in Section 1605, Subds. 1; 31; and 33 as follows: Subd. 1. Accessory Building. A separate building or structure or a portion of a principal building or structure used for accessory uses. Subd. 31. Floor Area Ratio. The ratio of the maximum permitted floor area of the principal building or buildings to the area of the lot on which they are located or to be located. The maximum allowable floor area on a lot is determined by multiplying the lot area by the floor area ratio. The garage is not included in determining the floor area ratio as it is considered an accessory building in residential areas. Subd. 33. Garage. An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by occupants of the principal building. Garages cannot be larger than the principal structure or be more than 1,000 square feet in size in R1, R1A, and R2 zoned property. Section 2. This ordinance shall become effective as of the date of its publication. First Reading: June 25, 2002 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin 2® MEMORANDUM DATE: 06/12/02 MEETING DATE: 06/18/02 __�...., TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manage SUBJECT: Floor area ratio and garage/accessory building Requested Action: Amend the City Ordinance relating to the definition of"garage" and "accessory building" in relation to the "floor area ratio" and to regulate the size of garages in residential districts. Background: Calculation of the floor area ratio came up this past spring in the plans for a new single family home at 3501 Downers Drive in St. Anthony. The builder, Tom Brama, didn't agree with how the floor area ratio was figured and had a different interpretation of the code than the Building Official (see Castle Inspection letter attached). Mr. Brama did not believe the garage should be treated as part of the floor area of the home. The City Ordinance requires a floor area ratio not to exceed 30% of the lot area in order to limit the mass of the structure. The floor-area ratio is defined as "the ratio of the maximum permitted floor area of the principal building or buildings to the area of the lot on which they are located or to be located. The maximum allowable floor area on a lot is determined by multiplying the lot area by the floor area ratio." The City's Building Official and staff have read the City Ordinance to mean floor area is to include all floor areas except the basement and there have been no exception for garages, unfinished, or uninhabitable areas. The City Attorney's Office recently reviewed the code and believe the definitions of accessory building and garage is ambiguous to the definition of floor area ratio (see Dorsey and Whitney letter attached). For clarity sake, the City Attorney's Office recommends amending the City Ordinance as follows: (Redefine the term) Garage: An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by occupants of the principal building. (Redefine the term) Accessory Building: A separate building or structure or a portion of a principal building or structure used for accessory uses. (Add to/Amend) Floor Area Ratio: The garage is not included in determining.the floor area ratio as it is considered an accessory building. In addition to the above, the City may want to restrict the gross floor area of a garage cannot exceed 1000 square feet. Also, the City may want to add the garage cannot be bigger than the principal structure. 21 Page 2— Floor Area Ratio Staff Recommendation: Staff recommends approval of the amendments, as outlined above. It is advisable these changes be made to the R-1, R-1A, and R-2 residential districts, where floor area ratios are .30. All other zoning districts will,remain unchanged.. 22 CITY OF ST. ANTHONY ORDINANCE 2002-003 AN ORDINANCE RELATING TO GROUND SIGNS; AMENDING SECTION 1400.10, SUED. 5(2) OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1400.10, Subd. 5 (2) of the St. Anthony City Code is hereby amended to read as follows: Subd. 5. Design and Location. (2) Signs must be located at least 15 feet from the curb line of any public street and cannot be placed within any street right-of-way or government easement. Section 2. This ordinance shall become effective as of the date of its publication. First Reading: June 25, 2002 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin MEMORANDUM DATE: 06/11/02 MEETING DATE: 06/18/02 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Ground Sign Placement Requested Action: Amend City Ordinance Section 1400.10 subd. 5(2) regulating the placement of ground signs to: "Signs must be located at least 15 feet from the traveled portion of any public street and cannot be placed within any street right of way or governmental easement." Background: There has been some confusion, particularly on the staff level, about where the 15 feet is counted from (public street, property line) with ground signs. The bottom line is, and the biggest reason for the amendment, is the sign cannot be placed in an easement. The City intentionally did not use property line because in some circumstances the property line is in the middle of the street and would likely cause more confusion. Staff Recommendation: For clarification purposes, staff_recommends approval of the amendment to the City Ordinance in relation to the placement of ground signs. Attachment: 24 CITY OF ST. ANTHONY ORDINANCE 2002-004 AN ORDINANCE RELATING TO CANDLE MANUFACTURING; AMENDING SECTION 1640.03 BY DELETING (h) OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1640.03 of the St. Anthony Code is hereby amended to delete (h) Wax and cented wax manufacturing, as a permitted conditional use in an LI District. Section 2. This ordinance shall become effective as of the date of its publication. First Reading: June 25, 2002 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin 25 MEMORANDUM DATE: 06/12/02 MEETING DATE: 06/18/02 TO: Planning Commission Members FROM: Susan M.H. Hall, Assistant City Manager SUBJECT: Amend Ordinance for Candle Manufacturing Requested Action: Amend City Ordinance Section 1400.03 to remove wax in the production of candles and the production of home fragrance products as a manufacturing permitted conditional use in the Light Industrial district. Background: At the request of applicant Village North, LLP, on November 27, 2001, the City Council adopted wax and scented wax manufacturing processes to be added under permitted conditional use in the Light Industrial district. The applicant then requested a conditional use permit for a company called Essenco to occupy the building at 2801 37th Avenue Northeast. Essenco manufactures candles. From'the beginning, residents were leery of the smells and problems that could come from manufacturing of candles. The City wrestled with how to balance the interests of the business owner and impacted residents. As time went on, various residents in the vicinity of the candle manufacturer commented to city staff and many were quite bothered by the scented smells. In March, the manufacturer approached the City for a more permanent conditional use permit and later pulled back the request before going to City Council. They decided they had had enough. Essenco's conditional use permit runs through September 1, after which point they will need to cease all operations in St. Anthony. Making this amendment change means that candle manufacturing will no longer be permitted in St. Anthony. Staff Recommendation: The City found out through this case how difficult it is to measure the nuisance level of smell. City staff recommends approval of this City Ordinance amendment. June 12, 2002 >< la FUTURE COUNCIL AGENDA ITEMS Meeting Date Meeting Type Staff Present . Items/Issues . . July 9 Regular Canceled July 23 Regular July 30 Special Joint meeting with ISD#282 August 5 Work Session Department Budget meeting Heads August 12 Regular August 26 Regular September 10 Regular Begin at 8:00 pm-Primary Election INVESTMENT PORTFOLIO: 05131/2002 Interest Date BREMER-ST ANTHONY BANK Bata Purchased Book Value INVESTMENT DEMAND-MONEY MARKET SAVINGS 2.00% 1 DAY LIQUIDITY(SWEEP) $119,472.33 4/M GENERAL $580,000 THREE CROWN FUNDING COMM PAPER 1.75% 04/16/02 07/22/02 $577,339.73 $275,000 GENERAL ELECTRIC COMMERCIAL PAPER 1.65% 05/21/02 09/24102 $273,440.75 $1,400,000 FHLMC MEDIUM NOTE-ZERO COUPON 7.00% 08/09/01 08/27/31 $134,373.51 $ 500,000 FHLB MEDIUM NOTE-ZERO COUPON 7.325% 05113102 03/26/18 $159,895.00 $1,145,048.99 41M ARMY-WATER FILTRATION $100,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 02103199 02/24/14 $100,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 03/03199 03103114 $200,000.00 $100,000 FED HOME LOAN MORTGAGE-STEP UP 6.46% 05/12199 01/08/08 $100,000.00 $200,000 FED HOME LOAN MORTGAGE-COUPON 6.00% 11/01/01 11/28/16 $200,000.00 $800,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 01/12/99 01/28/19 $202,057.98 $500,000 FED HOME LOAN BANK-ZERO COUPON 6.20% 01/12199 01/28/19 $126,286.24 $500,000 FED HOME LOAN BANK-ZERO COUPON 8.12% 09/09199 07/14/17 $48,312.00 $500,000 FMNA MEDIUM NOTE-ZERO COUPON 7.00% 06/12199 03/23/18 $146,062.50 $1,225,000 FED HOME LONE BANK-ZERO COUPON 7.00% 09/24101 10/18/21 $309,401.28 $1,250,000 FED HOME LONE BANK-ZERO COUPON 7.00% 11/07/01 02=29 $191,662.50 $400,000 LIBERTY STREEET COMM PAPER PARKS 1.730% 03/15102 06/10/02 $398,356.67 $438,000 LOCHART FUNDING COMM PAPER PARKS 1.75% 04/18/02 07/22/02 $436,011.97 $2,458,151.14 DAIN RAUSCHER-GENERAL GNMA POOL 4734 8.50% 02101!75 01/15105 $170.25 GNMA POOL 6472 7.50% 07/01/75 07/15/05 $797.67 GNMA POOL 14376 7.50% 03/01177 03/15107 $1,433.88 GNMA POOL 23364 9.00% 09/01/78 09/15108 $663.02 GNMA POOL 23356 9.00% 11/0108 11/15108 $1,590.36 $670,000 FED HOME LOAN MTG-ZERO COUPON 7.150% 01/22/02 02/22129 $99,948.90 $452,000 AMERICAN EXPRESS COMM PAPER 1.784% 02=02 06/19/02 $449,421.37 $557,000 GENERAL ELECTRIC COMM PAPER 1.958%- 03/14/02 07/12/02 $553,441.31 $51,000 BLUEBONNET SAV BANK C/D 1.5500/6 05/22/02 08/21/02 $51,000.00 $100,000 CUSTODIAL TRUST NJ CID PARKS 1.500% 05/22/02 08/22/02 $100,000.00 $100,000 ALAMANCE NATIONAL GD PARKS 1.600% 05/22/02 08=02 $100,000.00 $100,000 PROVIDENT BANK CID-STEP/UP 5.000°.6 05130/02 05/30/17 $100,000.00 $1,458,466.76 _DAIN RAUSCHER-HONEYWELL $125,000 FHLBC-ZERO COUPON BOND 8.041% 11/16199 07/14/17 $31,076.25 $100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15199 03/08129 $10,105.00 $130,000 FNMA-ZERO COUPON BOND 8.30% 06/01/00 08/02/18 $29,555.30 $360,000 GENERAL ELECTRIC COMM PAPER - PARKS 1.764% 05/28/02 09/17/02 $358,067.84 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 03103199 03103/14 $200,000.00 $200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 07/15199 02124/14 $194,180.00 $200,000 FED HOME LOAN MORTGAGE CORP-6.25% 6.25% 12/18/01 12127/16 $200,000.00 $95,000 FED HOME LOAN MORTGAGE CORP-6.0056 6.00% 12/28/01 01/17/17 $95,000.00 $1,117,984.39 DEAN ER $500,000.00 FED HOME LOAN BANK CALLABLE 6.00% 1Qt29/98 08/20/18 $128,730.00 $1,200,000.00 FED HOME LOAN BANK CALLABLE 6.00% 100/98 09/10118 $307,538.40 $550,000.00 FNMA-MEDIUM TERM NOTE 7.950% 11/24/99 06/22/18 $129,228.00 $680,000.00 FEDERAL HOME LOAN MORTGAGE 7.10% 06115/01 04/05119 $97,722.56 $535,000.00 FEDERAL HOME LOAN MORTGAGE 7.493% 07109/01 02/02/23 $109,514.50 $220,000.00 FEDERAL HOME LOAN BANK 7.011% 07/19/01 08/20/18 $67,782.00 Time6/13/2002 MONTHLY INVESTMENT REPORT APRIL 20021NVESTI DEAN WITTER (Continuedl $95,000.00 WESTERN BANK -CID PARKS 2.45% 12/26101 06126/02 $95,000.00 $44,000.00 WESTERN PUERTO RICO-C/D 2.05% 04/16102 10/24/02 $44,000.00 $90,000.00 WRIGHT EXPRESS FINANCIAL CID- 2.00% 05/16/02 11/18102 $90,000.00 $250,000.00 FHLMC MED TERM NOTE-CALLABLE 6.31% 02/26/01 03/26/18 $248,750.00 $200,000.00 FEDERAL HOME LOAN BANK 6.00% 11/14/01 11/14/16 $200,000.00 $200,000.00 FHLMC MED TERM NOTE-SEMI 6.00% 11/19101 11/19/21 $197,000.00 $200,000.00 FHLMC MED TERM NOTE-STEP UP 6.50% 12/28/01 12/15/16 $200,000.00 $1,915,265.46 DAIN RALCHER-(HRA) $200,000 FNMA-9334 P/O 7.24% 04120/93 03/25/23 $24,723.52 $200,000 GSIF FRMAC SER 1166.6% 7.00°/6 04/20/93 04120/08 $43,694.00 $100,000 FRMAC SER 11 MPRG 33.3 7.00% 01/25/94 01/25/09 $21,730.00 $50,000 FHLMC MCB SER 1629MB 7.00% 02107/94 01/15/23 $30,636.11 $200,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 04125101 02104/09 $250,000.00 $225,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 08/21/01 09/13/10 $225,000.00 $500,000-FHLB MEDIUM TERM NOTE 6.11% 6.11% 09/26/01 09/26111 $503,004.02 $250,000-FHLMC MEDIUM SERIES 381E 6.00% 6.00°/6 10/25/01 10/15116 $250,000.00 $100,000-FEDERAL HOME LOAN BANK 6.00% 6.00% 11/14/01 12107/16 $100,000.00 $200,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 11/16/01 11/29/21 $198,702.93 $300,000-AMERICAN EXPRESS COMMERCIAL PAPER - PARKS 1.784% 04/05/02 07/10102 $298,604.00 $300,000-FNMA MEDIUM TERM ZERO COUPON 7.20% 05/23/01 05107/18 $99,562.70 $1,000,000-FED HOME LOAN MORTGAGE-ZERO COUPON 7.75% 12127/01 12/27/21 5218-563-e0 $2,264,221.08 TOTAL BOOK VALUE $10,478,610.15 Time6/13=02 MONTHLY INVESTMENT REPORT APRIL 20021NVEST1 May- 2002 City of St. Anthony Profit& Loss Statement from Operations Actual Actual Year to Date Year to Date Increase SAV I SAV II STONEHOUSE 05/31/02 05/31/01 (Decrease) Sales $175,055.00 $194,377.00 $67,155.00 $1,944,122.00 $1,849,291.00 $94,831.00 Less:Cost of Goods Sold $135,613.00 $151,761.00 $19,360.00 $1,373,094.00 $1,327,219.00 $45,875.00 Gross Profit $39,442.00 $42,616.00 $47,795.00 $571,028.00 $522,072.00 $48,956.00 Ratio to Net Sales 22.53% 21.92% 71.17% 29.37% 28.23% Operating Expense: Salaries, Wages, Benefits $17,610.00 $15,027.00 $25,647.00 $278,498.00 $258,438.00 $20,060.00 All Other Expenses $12,058.00 $14,056.00 $20,701.00 $198,505.00 $214,540.00 ($16,035.00) Total Operating Expense $29,668.00 $29,083.00 $46,348.00 $477,003.00 $472,978.00 $4,025.00 Ratio to Net Sales 16.95% 14.96% 69.02% 24.54% 25.58% Profit from Operations $9,774.00 $13,533.00 $1,447.00 $94,025.00 $49,094.00 $44,931.00 Other Income $1,127.00 $869.00 $4,927.00 $24,383.00 $23,742.00 $641.00 Net Income $10,901.00 $14,402.00 $6,374.00 $118,408.00 $72,836.00 $45,572.00 Ratio to Net Sales 6.23% 7.41% 9.49% 6.09% 3.94% May-Net Income $31,677.00 Y-T-D SAV I SAV II STONEHOUSE ALL STORES YEAR TO DATE 05/31102 $40,303.00 $40,444.00 $37,661.00 $118,408.00 YEAR TO DATE 05/31/01 $20,823.00 $24,710.00 $27,303.00 $72,836.00 INCREASE/DECREASE $19,480.00 $15,734.00 $10,358.00 $45,572.00 May-2002 City of St.Anthony Reconciliation to Inventory Valuation Report SAVI SAVII Beginning Inventory. $220,132.82 Beginning Inventory: $226,227.43 Plus or Minus: Plus or Minus: Transfers: SAV 1 $1,711.05 Transfers ($1,711.05) Stonehouse ($5,134.88) Adjustments ($1,116.04) Adjustments $194.60 Returns to Vendors ($1,771.52) Returns to Vendors ($1,717.55) Add: Receiving $217,830.38 Add: Receiving $169,061.56 Less: Cost of Goods Sold ($151,761.31) Less: Cost of Goods Sold ($135,612.74) TOTAL $287,697.89 TOTAL $248,634.86 Total per Valuation Report $288,267.13 Total per Valuation Report $247,890.89 "' Difference $569.24 Difference ($743.97) Beginning June 2002 Inventory $247,890.89 Beginning June 2002 Inventory $288,267.13 "'Comes from Valuation Report "`Comes from Valuation Report ""Complete Physical Inventory 2001 Actual Profits (Audited) 2002 Y-T-D Profits Actual Y-T-D SAV 1 SAV II Stonehouse SAV I SAV II Stonehouse Profits Comparison January ($1,369.00) $1,857.00 ($1,701.00) ($1,213.00) January $5,583.00 $2,817.00 $3,554.00 $11,954.00 $13,167.00 February $1,620.00 $4,474.00 $9,410.00 $14,291.00 February $6,023.00 $6,005.00 $9,656.00 $33,638.00 $19,347.00 March $9,236.00 $7,127.00 $7,510.00 $38,164.00 March $10,455.00 $10,709.00 $7,145.00 $61,947.00 $23,783.00 April $5,631.00 $4,295.00 $10,712.00 $58,802.00 April $7,341.00 $6,511.00 $10,932.00 $86,731.00 $27,929.00 May $5,705.00 $6,957.00 $1,372.00 $72,836.00 May $10,901.00 $14,402.00 $6,374.00 $118,408.00 $45,57200 June $16,325.00 $14,485.00 $2,734.00 $106,380.00 June $0.00 $0.00 $0.00 $118,408.00 July $9,392.00 $12,077.00 $3,712.00 $131,561.00 July $0.00 $0.00 $0.00 $118,408.00 August $3,986.00 $12,825.00 $3,261.00 $151,633.00 August $0.00 $0.00 $0.00 $118,408.00 September $12,586.00 $14,197.00 $4,417.00 $182,833.00 September $0.00 $0.00 $0.00 $118,408.00 October $3,874.00 $11,687.00 $2,934.00 $201,328.00 October $0.00 $0.00 $0.00 $118,408.00 November $8,777.00 $16,109.00 $12,660.00 $238,874.00 November $0.00 $0.00 $0.00 $118,408.00 December $13,258.00 .$27,618.00 $3,515.00 $283,265.00 December $0.00 $0.00 50.00 $118,408.00 Total $89,021.00 $133,708.00 $60,536.00 $283,265.00 Total $40,303.00 $40,444.00 $37,661.00 $118,408.00 ' IncreaseJ(Decrease) $19,480.00 $15,734.00 $10,358.00 $45,57200 Y-T-D By Store CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA June 25, 2002 Call to Order Roll Call I. Approval of June 25, 2002 H.R.A. Agenda. Il. Consent Agenda. These items are considered routine and will be enacted by one motion. There will , in no separate discussion of these items the Consent Agenda and placed elsewhere son the agenda. event the item will be removed 9 1. Approve May 14, 2002 H.R.A. Minutes. (pp.1 - 2) 2. Claims. (p. 3) III. General Policy Business of the H.R.A. 1. Resolution H.R.A. 02 - 010, re: Finding a parcel to be occupied by a structurally substandard building. (pp. 4 - 26) 2. Resolution H.R.A. 02 - 011, re: Consider purchase agreement with Culvers. (pp. 27 - 38) 3. Resolution H.R.A. 02-012, re: Authorize the Chair and Executive Director to enter into a Redevelopment Agreement relating to the Kenzie Terrace redevelopment project. (p. 39 plus 3 page Ehlers & Associates memorandum) IV. Staff Reports. V. H.R.A. Commissioner Comments. VI. Information and Announcements. VII. Adjournment. 1 CITY OF ST. ANTHONY 2 3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 4 5 May 14, 2002 6 - 7 CALL TO ORDER 8 Chair Hodson called the meeting to order at 8:33 p.m. 9 10 ROLL CALL. 11 Commissioners present: Chair Hodson; Commissioners Sparks, Horst, and Faust. 12 Commissioners absent: Commissioner Thuesen. 13 Also present: Executive Director Michael Mornson. 14 15 16 I. APPROVAL OF MAY 14, 2002 H.R.A. AGENDA. 17 Motion by Commissioner Sparks, second by Commissioner Horst, to approve the May 14, 2002 18 Housing and Redevelopment Authority Agenda as presented. 19 20 Motion carried unanimously. 21 22 II. CONSENT AGENDA. 23 Motion by Commissioner Sparks, second by Commissioner Horst, to approve the Consent 24 Agenda, which consisted of 25 A. H.R.A. Meeting Minutes of April 23, 2002; and 26 B. Claims. 27 28 Motion carried unanimously. 29 30 III. GENERAL POLICY BUSINESS OF THE H.R.A. 31 A. Resolution H.R.A. 02-009, re: Approval of 2001 H.R.A audit. 32 Motion by Councilmember Horst, second by Councilmember Faust, to approve 33 Resolution 02-009 re: Approval of 2001 H.R.A audit. 34 35 Motion carried unanimously. 36 IV. STAFF REPORTS. 37 None. 38 39 V. H.R.A. COMMISSIONER COMMENTS. 40 Mayor Hodson mentioned that several aerial photos had been taken this week of the Apache site. 41 Councilmember Faust suggested that the City determine a process for the purpose of preserving 42 the history of St. Anthony Village, in light of Apache being torn down. 43 44 Mayor Hodson mentioned that,with Governor Ventura's connections with the entertainment 45 industry,perhaps the upcoming demolition of Apache would be valuable in Hollywood, which 46 may mean additional funds for the project. The Commission discussed the idea, and was going 47 to do a little bit of follow-up. 48 Housing and Redevelopment Authority Meeting Minutes May 14, 2002 Page 2 1 VI. INFORMATION AND ANNOUNCEMENTS. 2 None. 3 4 VII. ADJOURNMENT. 5 Motion by Commissioner Sparks, second by Commissioner Horst, to adjourn the meeting at 8:40 6 p.m. 7 8 Motion carried unanimously. 9 10 Respectfully submitted, 11 Courtney Seesz 12 TimeSaver Off Site Secretarial, Inc. 13 3 Following is a Verified Claims list for June 25, 2002: 1. Dahlgren,Shardlow &Uban.............................................$3,754.23.- Apache Redevelopment Plan 2. Dahlgren, Shardlow &Uban.............................................$3,148.50 Apache Redevelopment Plan 3. Dahlgren, Shardlow&Uban.............................................$5,539.18 Apache Redevelopment Plan 4. Dorsey&Whitney.............................................................$1,519.06 Acquisition of Hardees/4004 Silver Lake Road 5. Ehlers& Associates, Inc....................................................$1,125.00 Professional Services/General 6. Ehlers &Associates, Inc....................................................$2,662.50 Professional Services/NW Quadrant Study 7. Ehlers&Associates, Inc.......................................................$300.00 Professional Services/SW Quadrant 8. Ehlers&Associates, Inc.......................................................$562.50 Professional Services/General 9. Ehlers &Associates, Inc....................................................$3,750.00 Professional Services/NW Quadrant 10. Elan Card Services...............................................................$504.81 HRA Conference/City Manager 11. Goodwin Communications Group, Inc.................................$570.00 Media Relations Services 12. SEH,Inc...............................................................................$455.87 TIF Property Redevelopment Assessment 13. SEH, Inc............................................................................$1,743.93 TIF Property Redevelopment Assessment 14. WSB Inc. $498.50 Apache Plaza Redevelopment 15. WSB,Inc..............................................................................$860.00 Apache Plaza/Water-Sewer Study CITY OF ST. ANTHONY - H.R.A. RESOLUTION 02 -0010 A RESOLUTION FINDING A PARCEL TO BE OCCUPIED BY A STRUCTURALLY SUBSTANDARD BUILDING WHEREAS, it has been proposed that the Housing and Redevelopment Authority for the City of St.Anthony Village,Minnesota, (the"HRA"),create a tax increment financing district in an area within the City to be designated a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 10; and WHEREAS, in order to create this type of tax increment financing district,the HRA must make a determination that before the demolition or removal of the substandard buildings,certain conditions existed; and WHEREAS, the conditions found by the HRA to exist throughout the proposed tax increment financing district are that parcels consisting of 70 percent of the area of the district are occupied by buildings,streets, utilities,paved or gravel parking lots,or other similar structures and more than 50 percent of the buildings,not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; and WHEREAS, in order to deem a parcel as being occupied by a structurally substandard building, the HRA must first pass a resolution before the demolition or removal-that the parcel was occupied by one or more structurally substandard buildings and that after demolition and clearance,the HRA intended to include the parcel within the proposed tax increment financing district; and WHEREAS, there exists in the City on each parcel or parcels described in Exhibit A attached hereto (collectively, the "Parcel")one or more structurally substandard buildings to be demolished or removed"the "Substandard Building Condition"); and WHEREAS, a parcel deemed to be occupied by a structurally substandard building if the Substandard Building Condition is met within three years of the filing of the request for certification of the parcel as part of the tax increment financing district with the county auditor; and if certain other conditions are met. NOW,THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority of the City of St. Anthony Village that 15%of the area of the Parcel identified on Exhibit A attached hereto contains the improvements and is occupied by one or more structurally substandard buildings and that after demolition and clearance the HRA intends to include this parcel within the proposed tax increment financing district. Adopted this day of ,2002. H.R.A. Chair H.R.A. Executive Director J EXHIBIT A PARCEL IDENTIFICATION NUMBERS 4000 Silver Lake Road 31-30-23-31-0019 4001 Silver Lake Road 31-30-23-31-0018 Y MEMORANDUM DATE: June 19, 2002 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager SUBJECT: STAFF REPORT H.R.A. Resolution 02-010 and the attached Assessment Report by Short-Elliott-Hendrickson allows the City to capture the new tax base from the Culver's project for inclusion into a tax increment district. The resolution provides the City the flexibility to use all of the new tax base to assist in the redevelopment of Apache Plaza. City of Saint Anthony Redevelopment Eligibility Assessment For 4000 Silver Lake Road (Exhaust Pros) and 4004 Silver Lake Road (Hardees) May 28, 2002 Prepared by: Short Elliott Hendrickson, Inc. (SEH) Butler Square Building, Suite 710C 100 North 6`h Street Minneapolis, MN 55403 SEH No. A-SANTH0202.00 City of Saint Anthony Redevelopment Eligibility Assessments May 28, 2002 PURPOSE Short Elliott Hendrickson, Inc. (SEH) was hired by the.City of Saint Anthony, Minnesota, to survey and evaluate two properties within a proposed Tax Increment Financing District. The properties are 4000 Silver Lake Road (Exhaust Pros) and 4004 Silver Lake Road(Hardees). The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota Statute, could be met. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The proposed district consists of 2 property parcels comprised of the following types of improvements: 2 commercial structures. EVALUATIONS Of the two (2)buildings in the proposed district, two (2)building interiors were evaluated. FINDINGS Coverage Test—Two (2) of the two (2)properties met the coverage test with a 100% area coverage. This exceeds the 70% area coverage requirement. Condition of Buildings Test—One hundred(100) percent of the buildings—2 of 2 buildings—were found to be "structurally substandard" when considering code deficiencies and.other deficiencies of sufficient total significance to justify substantial renovation or clearance (see definition of"structurally substandard" as follows). This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found"structurally substandard." CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render results that in our professional opinion qualify the district eligible under the statutory criteria and formulas for Tax Increment Financing District Funding. SUPPORTING DOCUMENTS ATTACHED Summary report detailing the above findings, including proposed redevelopment area map(s) 2 PROCEDURAL REQUIREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statute Section 469.174,Subdivision 10,clause (c) which states: Interior Inspection—"The municipality may not make.such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means—"An interior inspection of the property is not required, if the municipality finds that (1)the municipality or authority is unable to gain access to the property; and after using its best efforts to obtain permission from the party that owns or controls the property; and(2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation—"Written.documentation of the building findings and reasons.why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3, clause (1)." PROCEDURES FOLLOWED TO MEET REQUIREMENTS The City of Saint Anthony directly contacted both property owners located in the district to request that an inspection and evaluation be made of their property. Property inspections were completed on May 6, 2002. For both subject buildings, the City of Saint Anthony provided copies of all available building permits on record for review by SEH. These permits provide a basic description of type of work completed for each permit (building, electrical, or plumbing) and,in . some cases, approximate value of work to be completed. Additional building data was collected from public taxpayer information available from Ramsey County. Building data from these public records was combined with and reviewed against information gathered in the field. QUALIFICATION REQUIREMENTS The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district,required under the following Minnesota Statutes,could be met. Minnesota Statute Section 469.174, Subdivision 10, clause(a) (1) requires two tests for occupied parcels: 1. Coverage Test—"parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures . . ." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10,clause (e) which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the 3 10 parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test—" . . . and more than 50 percent of the buildings,not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" The term `structurally substandard', as used in the preceding paragraph, is defined by a two-step test: Step One: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Step Two: Notwithstanding the foregoing,the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10,clause (c) also provides that a building may not be considered structurally substandard if it: ". . . is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site." Based on the above requirements,the substandard determination of a particular building is a two-step process; therefore, the findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because Step 2 is satisfied. It is theoretically possible for a building to require extensive renovation in order to meet current building codes but still not meet the main test of Step 1. Furthermore, deficiencies included in.Step 1 may or may not include specific code deficiencies as listed in Step 2. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying Step 1; conversely, it is certainly possible that identified hazards or other deficiencies which could be included in Step 1 do not necessarily constitute current building code deficiencies. By definition, the nature of the two steps is slightly different. Step 1 is more subjective, whereas Step 2 is an objective test. Step 1 deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in Step 2. To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Step 1, the following code requirements are defined in terms that go beyond the technical requirements of the code and demonstrate their relevance in terms of" . . . deficiencies in essential utilities and facilities, light and ventilation, etc. 4 Uniform Building Code (UBQ: The purpose of the UBC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures (UBC 101.2). A deficiency in the building code(insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard `life or limb . . .and public welfare'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibility Code, Chapter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act(ADA) of 1990. The ADA is a federal anti-discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities (ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.)results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities". Minnesota Food Code, Chapter 4626: This chapter is enforced by the Minnesota Department of Health and is similar to the UBC in that it provides minimum standards to safeguard public health in areas of public/commercial food preparation. A deficiency in the food code (lack of non-absorbent wall or ceiling finishes, lack of hand sink, etc.)causes a condition for potential contamination.of food; therefore, a deficiency in the food code is considered.a deficiency in "essential utilities and facilities". National Electric Code (NEC): The purpose of the NEC is the practical safeguarding of persons and property from hazards arising from the use of electricity. The NEC contains provisions that are considered necessary for safety (NEC 90-1 (a) and (b)). A deficiency in the electric code (insufficient electrical service capacity, improper wiring,etc.)causes a hazard from the use of electricity; therefore, a deficiency in the electric code is considered a deficiency in "essential utilities and facilities". Uniform Mechanical Code (UMQ: The purpose of the UMC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, and other appliances (UMC 102). The UMC sets specific requirements 5 12 for building ventilation,exhaust, intake and relief. These requirements translate into a specified number of complete clean air exchanges for a building based on its occupancy type and occupant load. A deficiency in the mechanical code adversely affects the `health . . . and public welfare' of a building's occupants; therefore, a deficiency in the mechanical code is considered a deficiency in "light And ventilation". Note: The above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy Step 1 for a particular building. Refer to individual building reports for specific findings. Finally,the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under Step 2 on the basis of"reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing,electrical, or structural repairs, or other similar reliable evidence. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS Coverage Test SEH utilized a GIS (Geographic Information Systems)database, available through Ramsey County, to obtain individual parcel information. The GIS database contains both graphic information (parcel shapes) and numerical data based on county tax records. This information was used by SEH for the purposes of this assessment. The total square foot area of each property parcel was obtained from county records (GIS) and general site verification. The total extent of site improvements on each property parcel was digitized from recent aerial photography(Spring, 2000) and confirmed by general site verification. The total percentage of coverage of each property parcel was computed to determine if the 15% requirement was met. Refer to attached maps: Impervious Surfaces and % Impervious by Parcel. The total area of all qualifying property parcels was compared to the total area of all parcels to determine if the 70% requirement was met. Condition of Building Test Replacement Cost—the cost of constructing a new structure of the same size and type on site: 6 13 R. S. Means Square Foot Costs (2002) was used as the industry standard for base cost calculations. R. S. Means is a nationally published reference tool for construction cost data. The book is updated yearly and establishes a"national average" for materials and labor prices for all types of building construction. The base costs derived from R. S. Means were reviewed, and modified if applicable, against our professional judgement and experience. A base cost was calculated by first establishing building class, building construction type, and construction quality level (residential construction)to obtain the appropriate Means cost per square foot. This cost was multiplied times the building square footage to obtain the total replacement cost for an individual building. Building Deficiencies: Step 1 (Systems Condition Deficiencies)—determining the combination of defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. On-Site evaluations -Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations. Deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, were noted by the evaluator. Systems Condition Deficiencies may or may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Systems Condition Deficiencies. Deficiencies were combined and summarized for each building in order to determine their total significance. Building Deficiencies: Step 2 (Code Deficiencies)—determining technical conditions that are not in compliance with current building code applicable to new buildings and the cost to convect the deficiencies: On-Site evaluations -Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations. On-site evaluations were completed using a standard checklist format. The standard checklist was derived from several standard building code plan review checklists and was intended to address the most common, easily identifiable code deficiencies. Mechanical Engineers,Electrical Engineers, and Building Code Officials were also consulted in the development of the checklist. Deficiencies were generally grouped into the following categories (category names are followed by its applicable building code): • Building accessibility—Minnesota Accessibility Code • Building egress, building construction—Uniform Building Code • Fire protection systems—Uniform Building Code • Food service—Minnesota Food Code • Energy code compliance—Minnesota Energy Code 7 14 • HVAC (heating, ventilating, and air conditioning)—Uniform Mechanical Code • Electrical systems—National Electric Code and Minnesota Energy Code Office evaluations—Following the on-site evaluation,each building was then reviewed, based on on-site data, age of construction, building usage and occupancy, square footage, and known improvements (from building permit data), and an assessment was made regarding compliance with current mechanical, electrical, and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost—Costs to correct identified deficiencies were determined by using R. S. Means Cost Data and our professional judgement and experience. Actual construction costs are affected by many factors (bidding climate, size of project, etc.).' Due to the nature of this assessment, we were only able to generalize the scope of work for each correction;that is to say that detailed plans, quantities, and qualities of materials were not possible to be known. Our approach to this matter was to determine a preliminary cost projection suitable to the level of detail that is known. This process was similar to our typical approach for a cost projection that may be given to an owner during a schematic design stage of a project. Costs to correct deficiencies were computed for each building and compared to the building replacement cost to determine if the 15% requirement was met. The total number of buildings determined to be "structurally substandard" by satisfying both Step 1 and Step 2 in this manner was compared to the total number of buildings in the district to determine if the 50%requirement was met. Reports on Structurally Substandard Buildings and Individual Building Summary Reports are available for review at the offices of SEH and the City of Saint Anthony. Technical Conditions Resources—the following list represents the current building codes applicable to new buildings used in the Building Deficiency review: 1997 Uniform Building Code MN 1341 —Minnesota Accessibility Code, Chapter 1341 (1999) 2000 Minnesota Energy Code, Chapters 7672, 7674, or 7676 Minnesota Food Code, Chapter 4626 (1998) 1999 National Electric Code 1997 Uniform Mechanical Code PROJECT TEAM: Jason P. Zemke, AIA, Project Architect Nancy G. Schultz, AIA, Principal 8 i CITY OF SAINT ANTHONY 5/28/02 REDEVELOPMENT ELIGIBILITY ASSESSMENT SITE COVERAGE/BUILDING SUBSTANDARD DETERMINATION TEMP TYPE OF SITE AREA COVERAGE SITE COVERAGE TOTAL# # EVALUATION ID FULL NAME IMPROVEMENT (s.f.) % COVERAGE(s.f.) QUANTITY BUILDINGS SUBSTANDARD TYPE 1 JRE FOODS LLC(HARDEES) BUILDING/PAVED LOT 39,993.91 91.5% 36,583.28 39,993.91 1 1 1 2 PHILIP ROSAR(EXHAUST PROS) BUILDING/PAVED LOT 18,747.10 91.9% 17,220.89 18,747.10 1 1 1 TOTALS _.,:. _ .., e .-.. - - � � � - 587.41.01 5' r�� „5 04:1 . 58,741 PERCENT GES 100:00°� 00.00° �i��c �• ®�s '.'J p r d!II+Flb&@j'S�4` _ ��'$®.•.� y�K�-.. "fi 4�i�7^ a ,R .�� .?. r ,��"� �'��F#°;, 1 e xj�a ���r �°h�:fl �tC „�$ �v ®1� � �e•�4��a�� u y r'WS i at � C-�_: �i"°"r�`i°fib t 1 `�jF `Hp [G.'•� s",%i ,i i 3���-*;'IPfn �l'! °° '+.?►w-rV a ! •"+ t ,�'. 'atiP : iala� 47' s.: rib AW ram. z A, E! 1 ,r j t aft. Cr u_ fb •::' "- WiA -� . e n t � � is c■¢ �• � ev � Y OU k • 'j 'u 9 `�4 r? 1 'Y "K;n°i� �• -t,c' �,. s rl-ji lie <r�•-- hl1`. -..� �. •` LS�4�.fDu�pC] 'I�� jy .'•ri' ? ,f�•• '}IT Q��v Fyn r^a �a :f S° �.x'�.{.$�_ _ r.,�-' 7a-•".�IkeP:'.°� z�: -'�;. -! ,� �� �S- -�t� ���k -�`. `iii:tiai'3a'SC,1 - i • ' • - Parcel Boundaries '33 Project Boundary 1 No Yes 17 . ly°,, 'vl i v ■ 1 �:a, a qly�� P { rJ �f s ua ♦r _ £ 13 1 s3. FYI IQ � - � :a-• --sz-arr- ^^q� s`a c�-a sup � .{ ; ��'t�� ��.r j �` � _+ I 777 _ S a , •E Y o; ■ l J.r9 yr. '" •,F•. F�, IJ 4 - .ffi O f. E r J _ a fttN ut° E'ry�n : rZ • to P Wj IMP E , {����� .•G it � l 4� °• �F.- � iF`Ti'���r ,,,"'--- �- .� t ; _ _ 'f•`j5 ,(h•t J a -Il: .:� { .. 1� '_; V I 7�Np•`,LI�L�;(,y1/_Si .. �.L �l Si� r• '"�' S J- �� �� SL"��y�a r Tea ,1 tt- 1 �'Fi rf q t J 1 e. CITY OF Legend f C3 Project Boundary SAINT ANTHONY I Source: Ramsey County %Impervious Land by Parcel I Ramsey County, Coordinate System(k) F-.-- o ; and SEH. REDEVELOPED ELIGIBILITY 0%Developed ASSESSMENT 50 Q 1 -15%Developed i '• 0&2&2002 bd Feet 0>15%Developed I o % IMPERVIOUS BY PARCEL 18 ��? xt ,.�' ILI 1- � i` � - ,.a � i'l d r,.-. air.: ... ' `r•�`�i,.y��s r-. a ' .^ � � ..�..� ar-' In a,�✓...-ez i��§ eta ��� .,h�< . r xt at d4 t oI i i s�ts7� •Pxt- ' �. r _ _ �� rst•.i}� c ~ :n�� F. �� '.7.. b, a ]Y lid r�n d - 4 asp a >—� �j n � �`.p �i'i-Yr �'• n at`< fs� sn 7i " it < AcT-o� CITY OF Legend { SAINT ANTHONY C3 Project Boundary Source: Ramsey county Building Assessment Category .i Ramsey county. REDEVELOPED ELIGIBILITY Coordnate System(R) Q 1 and SEH. category 1:Substandard Building ASSESSMENT 50 O Category 2:Non-substandard Building OS2f05t2&2002°° Feet BUILDING ASSESSMENT 19 Report on Structurally Substandard Building Building IDBusiness Name/Address: Hardees 1-1-1 Structurally Substandard Building(Y/N): Y Step One Under the tax increment law,specifically,Minnesota Statutes,Section 469.174,Subdivision 10,a building is structurally substandard if it contains"defects in structural elements or a combination of deficiencies in essential utilities and facilities,light and ventilation, fire protection including adequate egress,layout and condition of interior partitions,or similar factors,which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building,based upon actual interior inspection and review of building permit records,meets the above-referenced definition of structurally substandard for the following reasons: Essential Utilities&Facilities • Deficient in facilities for disabled: no disability parking available;exterior accessible route too steep;lack of maneuvering clearance at entrance door(s);lack of maneuvering clearance and accessible hardware at interior doors;lack of maneuvering clearance and accessible features in toilet rooms Light& Ventilation • Deficient in meeting Mechanical Code: for building construction prior to 1989,mechanical systems do not provide sufficient number of air exchanges • North mansard roof lacks proper soffit ventilation Fire Protection/Egress • Deficient exterior door:deficient door swing(door does not swing in direction of travel) • Insufficient width for building corridor;building contains a dead-end corridor exceeding 20' in length Similar Factors • Exterior finishes in general need of repair or refinishing: wood soffit above drive-thru window,approximately 25%roof shingles,wood fascia on west side • Vacant building with no heat or power:requires substantial interior clean-up and repair to damaged ceiling areas and in food prep area Step Two Notwithstanding the foregoing,the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15%of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type(Total Replacement Cost): $298,380.60 Estimated cost of correction of code deficiencies(Total Deficiency Cost): $52,280.24 Percentage of Code Deficiency to Replacement Cost: 17.52% Refer to Individual Building Summary Report for documentation of specific code deficiencies. 20 Report on Structurally Substandard Building Building ID/Business Name/Address: Exhaust Pros 1-2-2 Structurally Substandard Building(Y/N): Y Step One Under the tax increment law,specifically,Minnesota Statutes,Section 469.174,Subdivision 10,a building is structurally substandard if it contains"defects in structural elements or a combination of deficiencies in essential utilities and facilities,light and ventilation, fire protection including adequate egress,layout and condition of interior partitions,or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building,based upon actual interior inspection and review of building permit records,meets the above-referenced definition of structurally substandard for the following reasons: Structural Elements • Several major and minor settlement wall cracks visible on west exterior wall;perimeter sidewalk/stoops are settling down and away from building Essential Utilities&Facilities • Deficient in facilities for disabled: no disability parking available;lack of exterior accessible route to entrance;lack of maneuvering clearance at exterior entrance;lack of maneuvering clearance and accessible features in toilet room;inaccessible service counter(height) Light&Ventilation • Deficient in meeting Mechanical Code:for building construction prior to 1989,mechanical systems do not provide sufficient number of air exchanges or exhaust for shop areas Fire Protection/Egress • Openings between shop area and office area are required to be fire rated Layout/Condition of Interior Partitions • Relatively small service bay width and small parts storage room;lack of dedicated office space • Access to toilets by exterior path only is not up to typical modern design Similar Factors • Exterior walls(thin-brick over concrete masonry units)and canopy in need of paint • Roof downspouts need extensions(settling sidewalk and exposed foundation at southeast corner of building) • Portion of parking lot is gravel drive—underdeveloped for suburban commercial site Step Two Notwithstanding the foregoing,the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15%of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type(Total Replacement Cost): $156,361.14 Estimated cost of correction of code deficiencies(Total Deficiency Cost): $55,168.72 Percentage of Code Deficiency to Replacement Cost: 35.28% Refer to Individual Building Summary Report for documentation of specific code deficiencies. MAP ID# 1-1-1 IDIVIDUAL BUILDING SUMMARY REPORT PID # 313023310018 Parcel Name HARDEES Inspector JPZ >�;�a vMeans Base,Cast,Calculat1'ons,�Gosheer_SF-Floo„Area' '+ '+ .a ..sw.4:.s.>......wW.�... s.,u...�...,....-.,dG_.�.s:..,W...i... 7,.,,- Inspection Date 6-May-02 �Airea:� ;Gos Survey Method INTERIOR Exterior Wall And Frame $139.30 2,142.00 $298,380.60 Bldg Occupancy A Story Height Adjustment(Add or Deduct) $0.00 2,142.00 $0.00 Bldg Type RESTAURANT Basement* $0.00 0.00 $n no Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED Total Replacement Cost $298,380.60 #Stories 1 Basement (Y/N) N Total Deficiency Costl $52,280.24 Story-Height 10 Floor Area 2142 Percentage of Code Deficiency To Replacement Cost 17.52/0 Building Area 2142 Satisfies Step 2 Test (469.174 10 (c))for Structurally Substandard Building (Y/N)l ly Year Built 1969 Sprinklered N Elevator N *Residential Basement Assumed 50% Finished, 50% Unfinished as Average Summary of Building Deficiencies(Code Deficiencies) Deficiency Cost Accessibility(Exterior and Interior)/Building Egress/Building Construction $36,140.00 Fire Protection Systems $0.00 Energy Code Compliance $9,720.24 Food Service Areas $0.00 Heating,Ventilation,and Cooling Systems(HVAC) $6,420.00 Electrical Systems $0.00 Pagel Mr Deficiency Area/Number Unit Cost Deficiency Cost of Req'd. Improvements Accessibility(Exterior)-1999 Minneosta Accessiblity Code,Ch.1341 1 No disability parking available-MN 1341.0403;add striping for one stall plus signage N $240.00 $240.00 No van accessible parking available-MN 1341.0403;add striping for one stall plus signage N $250.00 $250.00 Exterior accessible route steeper than 1:20 slope or cross-slope steeper than 1:50-MN 1341.0422;remove N $700.00 $700.00 existing walk,provide new sidewalk Exterior entrance door on an accessible route without required maneuvering clearance at door approach or min. N $500.00 $500.00 48'between sets of doors-MN 1341.0442;remove existing barriers or wall framing,patch walls Accessibility(Interior)-1999 Minnesota Accessibility Code,Ch.1341 1 Door on an Interior accessible route without required maneuvering clearance at door approach or door opening 2 $250.00 $500.00 is less than 32'clear width-MN 1341.0442;remove existing barriers or wall framing,patch walls Door on an Interior accessible route without lever handle or loop-style hardware-MN 1341.0442;replace 2 $175.00 $350.00 existing door hardware Toilet room door opening less than 32'min.clear width-MN 1341.0442;remove existing door,enlarge opening 2 $0.00 $0.00 and provide new door Toilet room door without required maneuvering clearance at(interior)door approach-MN 1341.0442;remove 2 $0.00 $0.00 existing barriers or wall framing,patch walls Toilet room without unobstructed 5'-0'turning radius within room-MN 1341.0460;remove barriers or wall 2 $0.00 $0.00 framing,enlarge toilet room and patch walls Toilet room without 30'x48'clear space for forward approach at lavatory-MN 1341.0454;remove barriers or 2 $0.00 $0.00 wall framing or modify base cabinet Toilet room without lever or similar faucet controls for lavatory-MN 1341.0454;replace existing lavatory faucet 2 $0.00 $0.00 Toilet room without plumbing insulation/covering for lavatory-MN 1341.0454;provide plumbing 2 $0.00 $0.00 insulation/covering Toilet room accessories(soap dispenser,towel dispenser,etc.)that are mounted higher than 40'max.above 2 $0.00 $0.00 the floor-MN 1341.0470;relocate existing toilet accessories Toilet room without clear space for side transfer water closet/toilet stall-MN 1341.0448;remove barriers or wall 2 $0.00 $0.00 framing,enlarge toilet room and patch walls Toilet room without toilet seat at 17'-19'above the floor-MN 1341.0448;replace existing toilet fixture 2 $0.00 $0.00 Toilet room without horizontal and vertical grab bars for water closet/toilet stall-MN 1341.0448;provide new 2 $0.00 $0.00 grab bars(18',36',42') Toilet room accessibility improvments due to noncompliant clearances at fixtures or doors,and heights of 2 $15,000.00 $30,000.00 fixtures-MN 1341.0454;major remodeling:remove barriers or wall framing,enlarge toilet room by relocating one or more walls(affect one or more adjacent spaces) Building Egress-1997 Uniform Building Code(UBC) 1 Exit door does not swing in direction of travel-UBC 1003.3.1.5;remove,existing door,provide new door and Calculated $1,100.00 $1,100.00 hardware Building corridor less than 36'min.clear width-UBC 1004.3.3.2;remove existing barriers or wall framing, 30 $1,000.00 $1,000.00 patch walls Building has dead-end corridor exceeding 20'max.length-UBC 1004.2.6;reroute existing path of travel: N $1,000.00 $1,000.1VI remove barriers or wall framing,patch walls Energy Code Compliance-2000 Minnesota Energy Code,Ch.7672,7674,or 7676 Page 2 For building construction prior to 1976,foundation wall with less than R-5 insulation-MN 7672.0800,MN 808 $3.28 $2,650.24 7676.0700;excavate foundation wall at perimeter of building,assume add insulation depth to 4'below finished floor(I.f.perimeter x 4'-0'x$3.28(insulation+excavation)) For building construction prior to 1976,exterior wall area with less than R-11 insulation-MN 7672.0800,MN 1010 $7.00 $7,070.00 7676.0700;residential improvement:assume price for new insulate 2x4 wall w/vinyl siding(s.f,wall surface x $5.50),commercial improvement:assume price for EIFS or interior wall furring and insulation(s.f.wall surface x $7.00) Heating,Ventilation,and Cooling Systems(HVAC)-Commercial deficiencies 1 For building construction prior to 1989,mechanical systems'do not provide sufficient number of air exchanges; 1338 $2.00 $2,676.00 upgrade air handling units(cooling and heating coil+controls)for increased air exchanges((s.f.area x 1.25 cfm/s.f.=additional cfm required)x$2.00/cfm) For building construction prior to 1989,condensing unit does not provide sufficient cooling for Increased air 2.67 $600.00 $1,602.00 exchanges above;upgrade condensing unit for additional air exchanges((additional cfm required/500 ton/cfm additional ton cooling required)x$600/ton) For building construction prior to 1989,building electrical systems are not sufficient to handle additional 1071 $2.00 $2,142.00 mechanical units associated with Increased air exchanges;provide Increased capacity to existing electrical system(s.f.x$2.00/s.f.) Electrical Systems-Residential deficiencies,1999 National Electric Code 1 1 Miscellaneous Lack of soffit ventilation at north mansard roof-provide continuous vented soffit $500.00 Calculated occupancy 76 Calculated loads #Exst.BathsMt.Rms. 2 #Exst.Tlt.-M/Unisex 2 2 #Exst.Lay.-M/Unisex 1 2 #Exst.Tit.-F 1 2 #Exst.Lay.-F 1 2 #Exst.Drinking Ftn. 0 0 Page 3 `� MAP ID # 1-2-2 IDIVIDUAL BUILDING SUMMARY REPORT PID# 313023310019 Parcel Name EXHAUST PROS Inspector JPZ , 4 Means.,Base-Cost.Calculations(Cost,per.SF.Floor Inspection Date 6-May-02 �!$/SF Area Cost Survey Method INTERIOR Exterior Wall And Frame $108.15 1,445.78 $156,361.14 Bldg Occupancy 5 Story Height Adjustment (Add or Deduct) $0.00 1,445.78 $0.00 Bldg Type GARAGE Basement* $0.00 0.00 $0.00 Wall Construction MASONRY Roof Construction WOOD FRAMED Total Replacement Cost $156,361.14 #Stories 1 Basement (Y/N) N Total Deficiency Cost $55,168.72 Story-Height 13 Floor Area 1445.78035 Percentage of Code Deficiency To Replacement Cost 35.28% Building Area 1445.78035 Satisfies Step 2 Test (469.174 10(c))for Structurally Substandard Building (Y/N)l ly Year Built 1961 Sprinklered N Elevator N *Residential Basement Assumed 50% Finished, 50% Unfinished as Average Summary of Building Deficiencies(Code Deficiencies) Deficiency Cost Accessibility(Exterior and Interior)/Building Egress/Building Construction $19,090.00 Fire Protection Systems $0.00 Energy Code Compliance $24,912.72 Food Service Areas $0.00 Heating,Ventilation,and Cooling Systems(HVAC) $11,166.00 Electrical Systems $0.00 N Page 1 1� Deficiency Area/Number Unit Cost Deficiency Cost of Req'd. Improvements Accessibility(Exterior)-1999 Minneosta Accesslblity Code,Ch.1341 1 No disability parking available-MN 1341.0403;add striping for one stall plus signage N $240.00 $240.00 No van accessible parking available-MN 1341.0403;add striping for one stall plus signage N $250.00 $250.00 No exterior accessible route(that does not require use of stairs)from site access to building entrance-MN N $700.00 $700.00 1341.0422;remove accessibility barriers,provide new sidewalk Exterior entrance door on an accessible route without required maneuvering clearance at door approach or min. N $500.00 $500.00 48'between sets of doors-MN 1341.0442;remove existing barriers or wall framing,patch walls Accessibility(Interior)-1999 Minnesota Accessibility Code,Ch.1341 1 Toilet room door opening less than 32'min,clear width-MN 1341.0442;remove existing door,enlarge opening 2 $0.00 $0.00 and provide new door Toilet room without unobstructed 5'-0'turning radius within room-MN 1341.0460;remove barriers or wall 2 $0.00 $0.00 framing,enlarge toilet room and patch walls Toilet room without 30'x48'clear space for forward approach at lavatory-MN 1341.0454;remove barriers or 2 $0.00 $0.00 wall framing or modify base cabinet Toilet room without lever or similar faucet controls for lavatory-MN 1341.0454;replace existing lavatory faucet 2 $0.00 $0.00 Toilet room without plumbing insulation/covering for lavatory-MN 1341.0454;provide plumbing 2 $0.00 $0.00 insulation/covering Toilet room accessories(soap dispenser,towel dispenser,etc.)that are mounted higher than 40'max.above 2 $0.00 $0.00 the floor-MN 1341.0470;relocate existing toilet accessories Toilet room without clear space for side transfer water closet/toilet stall-MN 1341.0448;remove barriers or wall 2 $0.00 $0.00 framing,enlarge toilet room and patch walls Toilet room without toilet seat at 17'-19'above the floor-MN 1341.0448;replace existing toilet fixture 2 $0.00 $0.00 Toilet room without horizontal and vertical grab bars for water closet/toilet stall-MN 1341.0448;provide new 2, . $0.00 $0.00 grab bars(18%36',42') Toilet room accessibility improvments due to noncompliant clearances at fixtures or doors,and heights of 1 $15,000.00 $15,000.00 fixtures-MN 1341.0454;major remodeling:remove barriers or wall framing,enlarge toilet room by relocating one or more walls(affect one or more adjacent spaces) Less than 5%of public/common use salestservice counter/window at 36'max.above the floor or 36'min.width 1 $400.00 $400.00 -MN 1341.0720;relocate/adjust height of counter and base cabinet Energy Code Compliance-2000 Minnesota Energy Code,Ch:7672,7674,or 7676 1 For building construction prior to 1976,foundation wall with less than R-5 insulation-MN 7672.0800,MN 624 $3.28 $2,046.72 7676.0700;excavate foundation wall at perimeter of building,assume add insulation depth to 4'below finished floor(I.f.perimeter x 4'-0'x$3.28(insulation+excavation)) For building construction prior to 1976,exterior wall area with less than R-11 insulation-MN 7672.0800,MN 2028 $7.00 $14,196.00 7676.0700;residential improvement:assume price for new insulate 2x4 wall w/vinyl siding(s.f.wall surface x $5.50),commercial improvement:assume price for EIFS or interior wall furring and insulation(s.f.wall surface x $7.00) For building construction prior to 1976,attic/roof area with less than R-38 insulation(residential)or R-23 1445 $6.00 $8,670.00 insulation(commercial)-MN 7672.0800,MN 7676.0700;assume total reroof required,'fiat'roof,built-up roofing and roof edge(s.f.roof x$6.00) Heating,Ventilation,and Cooling Systems(HVAC)-Commercial deficiencies 'i Page 2 1 For building construction prior to 1989,building electrical systems are not sufficient to handle additional 1083 $2.00 $2,166.00 mechanical units associated with increased air exchanges;provide increased capacity to existing electrical system(s.f.x$2.00/s.f.) For building construction prior to 1989,warehouse or repair garage occupancy,mechanical systems do not 1 $2,000.00 $2,000.00 provide sufficient number of air exchanges;upgrade air handling units(cooling and heating coil+controls, condensing unit)for increased air exchanges(1 ton additional cooling required for every 8 people x $6,000.00/ton) For building construction prior to 1989,repair garage occupancy,mechanical systems do not provide sufficient 1 $7,000.00 $7,000.00 number of air exchanges for exhaust fumes;provide new engine/tailpipe exhaust system including fans, adapters,and tubing($4000,00)and new CO detector system including sensor and panel($3,000.00) Miscellaneous 1 Rated openings required between shop area and waiting area-replace doors and frames with new 2 $1,000.00 $2,000.00 Calculated occupancy 14 Calculated loads #Exst.Baths/Tlt.Rms. 2 #Exst.Tlt.-M/Unisex 1 1 #Exst.Lay.-M/Unisex 1 1 #Exst.TH.-F 1 0 #Exst.Lay.-F 1 0 #Exst.Drinking Ftn. 0 0 Page 3 2/ CITY OF ST. ANTHONY VILLAGE H.R.A. RESOLUTION 02 - 011 A RESOLUTION RELATING TO THE PURCHASE OF H.R.A.-OWNED PROPERTY WHEREAS, the St. Anthony Housing and Redevelopment Authority(H.R.A.) owns property addressed as 4000 Silver Lake Road (old Hardee's site); and WHEREAS, Julie M. Chien desires to purchase said property for the construction of a Culver's Family Restaurant. NOW, THEREFORE, BE IT RESOLVED that the St. Anthony Housing and Redevelopment Authority hereby approves the purchase agreement with Julie M. Chien for the purchase of property currently addressed as 4000 Silver Lake Road and authorizes the Chair and Executive Director to execute said purchase agreement on behalf of the St. Anthony H.R.A. Adopted this day of , 2002. Chair Executive Director 06/18/02 TUE 14:36 FAX 16123402644 DORSEY WHITNEY LLP R1 003 JUN-18-2002 14'-10 DORSEY 8 WHITNEY LLP 6123402868 06/18/2002 13:14 FAX 612 789 2109 F W H B LAW OFFICE a �� ]POSTER. WENTZELL H 1UPACY. PREVE-R, ARENDT & CARLSON PLLC .& Za N V.YS AT LAw SAX^w MAIN AzmNL7A• F=ay 1•X- .UACK Tr,c�Mns E. Hs�av� J�xiv�su L..X=wA n cnAtaow IioaB�rr J.FosZBLY CIF CouNsEz JoMM A. H=B,,,r-X TA&Z Z%4. wrrrBRSCMr JCY-IRPu A. WMJTZELL°' Airn Ao�W TV3c^s Wr;1vr's D/rrW E-U*ll Addrea: rfw1er@.rb1vb-1aw.e4m ,line 18, 2002 �v Fdc.c�mtl� Roseanne M, Hope,Esq. Dorsey &Whitney, LLP 50 South Sixth Street,41500 Minneapolis MN 55402-1499 Re: Sale of Property from Housing,Redevelopment Authority of St Anthony,Minnesota to Julie M. Chien or her assigns ,Dear Ms. Hope, Attached is the revised Purchase Ageement regarding the above referenced sale. Please note that this document has not been reviewed by my client, but I am forwarding it to them for their comments. The Agreement is a.,;we discussed this morning with the following two exceptions: 1) The closing date is moved to August 15,2002_ 2) Paragraph 4.6 has been amended so that Subsections a,b and a are conditioned by the language"to the best of Seller's knowledge"rather than being completely removed from the Purchase Agreement. My client will require that they be informed by your oliont of any infonnation they have about those issues. If the Agreement is acceptable to you,I will forward it to my client for execution subj ect to their approval of the document. I await your reply. S, e y s, obert J. Fostcr RJF:wjm cot J. Chien(by facsimile) 06/18/02 TOTE 14:36 FAX 16123402644 DORSEY WHITNEY LLP JL1N-182002 14:10 DORSEY & WHITNEY LLP 6123402866 06/18/2002 13:14 FAX 612 789 2109 F w H B L&W OFFICE 29 PURCHASE AGREEMENT TFaS PURCRASE AGREIC' )LEIST(the"Agreement") is made and entered into this day of rune, 2002, by.aad between rube M. Chien or ber assigns ("Buyer"), and Housing, Redevelopment Authority of St. Anthony, Minnesota, a Minnesota public body corporate, (the "5eller'�. 'VPUNESSETH: X. Offer. In consideration of the delivery of Buyer to Seller the amount of One Thousand and no/100 Dollars ($1,000.00) (the "Earnest Money"),the receipt of which is'hereby aelmowledged, and in further consideration of the covenants, hereinafter set forth and other valuable consideration,the sufficiency of which is$ereby aclaiowledged,Buyer offers to purchase from Seller that certain real property located in St,Anthony,Hennepin County,Minnesota and legally described in Exhibit"A"which is attached hereto and by this reference made a part hereof(the"'Property"). Seller agrees that Buyer can assign this Purchase Agreement to a limited liability company formed by Brayer for purposes of owning the Property. Buyer agrees that it is accepting the Property in its current "AS IS" condition subject only to the warranties and representations contained in this Agreement 2. Purelispse Price. The purchase price to be paid by Buyer to Seller for the Property shall be the sum of Three Hundred Nineteen Thousand and no/100 Dollars ($319,000.00) (the 'T rrchase Price Lind shall be paid on the Closing Date as follows: 2.1 Earnest Money payment of$1,000.00,the receipt of which is hereby acknowledged; and 2.2 The balance of$318,000.00 by the Closing Date. 3, Qosing Date, The date of closing of the transactions eontbinplated hereby (the "Closing Date')shall not be later than Augnst 15,2002 or at such other mutually agreeable time bas been agreed to in writing by$uyer and Seller. At the closing, Seller shall execute and deliver to Buyer a special warranty deed(the"Deed's to the Property. 4. BMEer°s Contingencies. It is specifically understood and agreed by&rid between the parties hereto that Buyer's obligation hereunder shall in all respects be subject to and conditional 1 06/18/02 TUE 14:36 FAX 16123402644 DORSEY WHITNEY LLP °) JUN--18-2002 14:10 DORSEY L WH I ThEY L1P 6123402868 A 06/18/2002 13:14 FAX 812 789 2109 F w H B LAW OFFICE 30 upon the conditions, precedent set forth in this Paragraph 4. Buyer shall have the sole right to determine,in its discretion,whether the conditions precedent have been satisfied. Upon the failing of any of such conditions precedent,the Earnest Money shall,upon written notice by Buyer to Seller, be forthwith returned by Seller to Buyer and this Agreement shall thereupon terminate and be of no further force or effect. The conditions precedent are: 4.1 The ability of Seller to convey marketable fee title to the Property, as herein set forth, free and clear of any and all liens or encumbrances whatsoever, subject to the following exceptions to the extent that Buyer determines the same will not unreasonably interfere with the construction and operatioA of the Project; (a) Building and zoning laws,ordinances and regulations; (b) Reservation of minerals or mineral rights to the State of Minnesota; (c) Public utility,Broadway and other easements which will not adversely affect the development and use of the Projcct pursuant to Buyer's development plans; and (d) Those certain deed restrictions required in Section 5 hereof. 4.2 Receipt from Seller of the following: (a) A special assessment search showing all special assessments levied or pending with respect to the Property; and (b) Copies of all other written agreements affecting the Property made by or known to Seller. 4; Approval,within 15 days of the complete execution of this Agreement, of a commitment for an ALTA owner's title insurance policy from First American Title Insurance Company, the receipt of which is hereby a6mowledaed, in an amount equal to the Purchase Price, insuring marketable fee simple title to the Property in Buyer as of the Closing Date, subject only to-such exceptions which are acceptable to Buyer and, without limiting the generality of the foregoing,specifically insuring Buyer against mechanics' liens, right's or parties in possession and matters which would be disclosed in a comprehensive survey,and specifically insuring against any gaps in or between the various parcels comprising the Property. 2 06/18/02 TUE 14:37 FAX 16123402644 DORSEY WHITNEY LLP " JUN-18-2002 14'110 DORSEY & WHITNEY LLP 6123402868 F 06/18/2002 13:14 YEAS 612 789 2109 F W H B LAW OFFICE 4.4 Buyer obtaining from Seller at Buyer's expense an updated Phase I environmental audit anal, if necessary,.a Phase U environmental report, in a form and with results that are acceptable to Buyer ins Buyer's sole discretion. The scope, content and substance of such report and the results of all of the testing and investigation must be acceptable to Buyer in Buyer's sole discretion. 4.5 Seller's performance of all of the covenants required to be petformed by it on or prior to the Closing Date and all representations made by Seller herein or otherwise shall be true and correct as of the Closing Date. 4.6 On the Closing Date: (a) to the best of Seller's knowledge, there shall be no encroachments onto or from the Property other than pursuant to easements of record and public roadway and utility improvements. (b) 20 the best of Seller's knowledge, all utilities (including without limitation,water,sewer,gas,electric and telephone)shall be available to the Property. (c) there shall be no litigation,pending or threatened, affecting the Property or any part thereof, or title to the property and Seller shall have so certified,to the best of its knowledge,to Buyer, (d) there shall be no rights of any public or quasi-public authority to use any portion of the Property, except pursuant to rights of record; (e) to the best of Seller's knowledge the Property shall not be in violation of any law, ordinance or order issued by any federal, state or municipal agency or department having jurisdiction, excepting violations knownto Buyer resulting from conditions of the Property existing as of the date hereof. In the event that any of the foregoing conditions cannot be satisfied within thirty (3 0)days of the date hereof and are not waived by Buyer,and provided that Buyer is not in default of hereunder and is proceeding diligently towards satisfaction of the foregoing conditions,Buyer may notify Seller of the same in writing at least tea (10) days prior to the expiration of said 30 day period,whereupon Buyer shall have an additional forty-five (45) days to satisfy said conditions (the "Extension Period")_ In the event Buyer requests an 3 0 o co o � r r. 00 00 C5 o m CD ro .� w 13 0 n �, (D rye r v �` 4�• O. — 13 �C ,� g' 0 ry P4 m 'y7 na 0 :• m O d ^' 0 CD v! o cD ' p, O cs cP �' O rn w tj o fv EA o CD .-► .5 'r �p br v' p� to ~ Ra 0 O Q• � D{ N 0 p� lD (D O '"yi p vOi 'Cl O bi, r. O �` cn 5r i 13 0 N ti 7 cum h 'U d O O_ C► .�. '� O �° 2_ O O GS oq �O�••rr �yn to ~ r+ 0 `� p 5; '.' c� 'zJ r3 L02 p' Cc) N N (6 �-*� _ •O-� rte, . co (y (� d CD 0 ink tmh C) o C3. co tD �y {] h 0 0 0 o v o i3 0 p• cs b' °' �'. o l7' o It m ti rp co cr ,o m � •-• " a��. ° o CD E; a CD• A 0 O O Pin tro p' 4. ro .�,�.' �. r. w o c Pte' „�0 t4 0 ft ,0 n c� O W �+ p0 r• b '0+' ,.r pro' '�U p. 0 ae sT g �y1}• cy �• to �i R ••� '� �; O I� A CL tr cu a 0 + (y f/1 st co aa CD �O-h cdo d cD i� v, CID Cy 't cD c.: 06/18/02 TUE 14:37 FAX 16123402644 DORSEY WHITNEY LLP JUN-18-2002 14:10 DORSEY 8. WHITNEY LLP 6123402868 06/18/2002 13:14 FAX 812 789 2109 F W R B LAW OFFICE 4_ (a) The number of square feet contained in the Property, measured to the fight-Of-way line of public roads upon which it abuts; (b) The exact legal description of boundary lines of the Property; (c) Encroachments from or onto the Property, if any; (d) Location of utility lines and easements of any kind, of record or appearing thereupon,if any; (e) Assumed bearings used by the surveyor, and (f) Direct legal access from a public road to the Properly. 6, .)Real Estate - s and Special Assessmrmks. Real estate taxes due and payable in the year of closing ofthis sale and installments of special assessments payable therewith shall be pro- rated by the Seller and Buyer. Real estate taxes and assessments due and payable in the year 2001 and all prior years on the Property shall be paid by Seller. Al) Ievied and pending special assessments shall be paid by Seller. 7. Pe itted AcceSs and_1n=ection. Buyer's performance of this Agreement is expressly conditioned upon Buyer's inspection and approval of the Property,which inspection shall be made on or before Closing Date. During the term of such inspection,Buyer and its authorized representatives shall be permitted access to the Property at reasonable times for the purposes of architectural inspection and design studies, and such soil borings and environmental assessment as are-deemed necessary by Buyer- Buyer agrees to indemnify and defend Seller from, and to hold Seller harmless against auy and all claims, causes of action or expenses,including attorney's fees, relating to or arising from Buyer's presence on the Property prior to the Closing Date_ Buyer agrees to repair any damage to the Property caused by such inspections and to return the Property to substantially the same condition as existed prior to Buyer's inspection. If said inspection is, in Buyer's sole discretion,unsatisfactory to Buyer, and Buyer so notifies Sel ler of the same in writing prior to the Date of Closing.this Agreement shall be null and void and the Earnest Money shall be refunded to Buyer. Buyer shall be entitled to actual possession of the Property on and after the Closing Date. 5 06/18/02 TUE 14:38 FAX 16123402644 DORSEY WHITNEY LLP JUN-18-2002 14-'10 DORSEY 8 WHITNEY LLP 6123402868 06/18/2002 13:14 FAX 612 789 2109 F W H B LAW OFFICE S. Condemn,atioa. Jr,the event that•,prior to the Closing Date,all or any portion of the Property shall have been affected by a condemnation or taldng by eminent domain,or shall be the subject Of any condemmation proceeding which shall have been commoti or of which Buyer or Seller shall Dave received actual or constructive notice,Buyer or Seller, at their individual option, may terminate this Agreement within arty(30) days of the date of such notice,in which event the Earnest Money shall be returned to Buyer, and upon such return neither parry shall have any further rights,duties,obligations or liabilities,at law or in equity,arising out of or related to this Agreement If this Agreement is not terminated pursuant to this Paragraph 8, then Buyer shall accept the Property,or sucks title thereto as Seller can convey,in such condition as the Property or title may then be, with no reduction in purchase price,but together with the right to receive the proceeds of any condemnation award which shall have been or shall be made in connection with such condemnation or taking. g. lIpmoval of tures. Seller agrees that,prior to the Date of Closing, Seller will dem fish and rernrn a all structures on the Project and any debris. 10. State Dee Tax. Seller shall pay the cost of any state deed tax stamps required to be attached to the.Deed upon recording hereof in accordance with the requirements of any lawful authority. 11. AMiements Peadinj Closing_ Prior to the earlier of the Closing Date or the ter&ination of this Agreement, Seller shall act enter into,modify or extend any leases or contracts with respect to, or grant any option to purchase or lease, all or any portion of the Properly without the,prior written consent of Buyer,which consent shall not be unreasonably withheld. On or prior to the Closing Date, Seller shall remove from the Property all personal property of Seller not being conveyed hereunder,together with all debris_ 12. Interim Ongration s. After the date hereof, and until the Closing Date, Seller shall opdrate or cause to be operated the PropertY in the same manner in which it is operated as of the date hereof, shall maintain or cause to be maintained all insurance coverages currently in place (if any) and shall keep the Property in good condition and repair- 13. Mechanics'-Liens. Seller agrees to fully satisfy and discharge prior to the Closing Date any and all existing or potential mechanics' liens affecting the Property- 6 06/18/02 TUE 14:38 FAX 16123402644 DORSEY WHITNEY LLP "G_G JUN-18-2002 14:10 DORSEY 8 WHITNEY LLP 6123402868 C 06/18/2002 13:15 FAX 612 789 2109 F W H B LAW O"IM 5 14, Default. in the event of any default on the part of either party under tbi$Ag=eetaent whibh continues for ten(10)days after written notice from the other patty (except that no notice Shall be required for default under any obligation to be performed at closing),the otber party may in lieu. of any other remedy provided hereunder, proceed to closing and waive any rights or remedies for suet default, or(a)il'Buyer is the defaulftg party, Seller may terminate this Agreement and retain the Earnest Money, and (b) if Seller is the defaulting party, Buyer may terminate this Agreement whereupon Seller shall return the Earnest Money to Buyer. 15. Sjjecific_pajf9rrnnnce. If this Agreement is not canceled pursuant to the terms hereof,Buyer and Seller shall have the right to apply for and receive from any court of competent jurisdiction equitable relief by way of specific performance to enforce performance of the terms hereof,plus reimbursernent for costs,anclu inn reasonable attorney's fees,incwTed in enforcing this Agreement; provided, however, that an action to enforce such specific performance shall be commenced within six (6) montlis after such right of action shall arise. Such right shall not constitute an clection of remedies and shall be in addition to any other tight,action or r=edy Buyer or Seller bas or may have at law. 16. lr' cam. Aay notice provided for herein shall he in writing and shall be deemed to hate been sufficient if and when delivered personally or when deposited in the Untied States Mail, certified return receipt requested,postage prepaid,and addressed as follows: To Buyer: li ie M. Chien 320 Ascot Court New Brighton,MN 55112 with a copy to: Robert J. Foster,Esq. Foster, Weamll, Hedback,Brever,Arendt&Carlson,PLLC 2855 Anthony Lane, Suite 201 St.Anthony,MN 55418 To Seller: City of St, Anthony c/o Michael Morrison,City Manager 3301 Silver Lake Road St, Anthony,MN 55418 7 06/18/02 TUE 14:38 FAX 16123402644 DORSEY WHITNEY LLP JUN-le-2002 14:10 DORSEY & WHITNEY LLP 6123402868 36 06/18/2002 13:16 FAX 612 789 2109 F W H B LAW OFFICE _.___ _ With a copy to: Roseanne M.Hope,Esq. Dorsey &Whimey,LLP 50 South Sixth$treet,#1500 1V bneapolis,MN 55402-1498 Or addressed to any such party at such other addresses as such party shall hereafter have fwr►ished notice of to the other paatY. 17. Rebate of Purcbme Price. Seller agrees that when Buyer receives the mechanic's lien waivers from its contractor for building a Culvers Restaurant and a Certificate of Occupancy ("CO")from the Seller for that Restaurant,Seller will rebate,within fifteen(15)days of the issuance of the CO and receipt of lien waivers,the sum of$314,000.00 to Buyer. Seller agrees that it will not unreasonably withhold the issuance of the CO. 18. Time of the Essen_ . 'Time is of the essence of this Agreement 19. Brokers, Seller and 'Buyer agree and acknowledge that neither party hereto is represented by a real estate agent or broker in connection with the Agreement or the transections contemplated hereby. 20, DevellopmegLAUgement. Thus Purchase,Agreement shall constitute a development agreement for purposes of MN Stat. §469.174, sub. l OD and the property is within a redevelopment district 21. Sury v . All representations,warranties,covenants and agreements of the parties hereto shall survive the closing of the transaction contemplated hereby for a period of six months front the date of closing. 22, Assignment. Buyer may assign its interest in this Agreement to a single purpose lini ted liability company, provided that Buyer and its assignee shall execute an assignment =d assumption agreement in a form acceptable to Seller and further provided,however,that such right shall not relieve Buyer of its liabilities hereunder- 8 06/18/02 TUE 14:39 FAX 16123402644 DORSEY WHITNEY LLP JUN-18-2002 141110 DORSEY & WHITNEY LLP 6123402868 06/18/2002 13:15 FAX 612 789 2109 F W H B LAPP OFFICE 37 23. Bind> ' ct, This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their respective heirs, executors, administrators, suecessors and assigns. IN VVnWESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. "SELLER" Housing,Redevelopment Authority of St Anthony, Minmesota (a Minnesota public body corporate) By: Julie A Chien Its' This Instrument was drafted by_ Robert I Foster, Esq. Foster,Wentzell,Hedback,Brever, Arendt&Carlson, PLLC 2855 Anthony Lane, Suite 201 St Anthony,NIN 55418 (612)789-1331 FAX: (612) 789-2109 \U�OWBO1�K000A�AAAR7F�S%S'wMjC—,kS1.Pnu1.l.LM3_&WpCWU 18.2001 06/18/02 TUE 14:39 FAX 16123402644 DORSEY WHITNEY LLP JUN-18-2002 14:10 DORSEY & WHITNEY LLP 6123402B68 3 06/18/2002 13:15 FAX 612 789 2109 F W H B LAPP OFFICE EDIT, `A' LMLIlestrinti6n 39 CITY OF ST. ANTHONY VILLAGE H.R.A. RESOLUTION 02 - 012 A RESOLUTION RELATING TO THE KENZIE TERRACE REDEVELOPMENT PROJECT WHEREAS, the St. Anthony Housing and Redevelopment Authority has purchased five properties located on Kenzie Terrace. The current addresses of these properties are: 2534 Kenzie Terrace; 2538 Kenzie Terrace; 2542 Kenzie Terrace; 2546 Kenzie Terrace; and, 2548 Kenzie Terrace; and WHEREAS, the St. Anthony H.R.A. desires to redevelop this site. NOW THEREFORE, BE IT RESOLVED that the St. Anthony Housing and Redevelopment Authority hereby authorizes the Chair and Executive Director to enter into an agreement with LaNel Financial for the redevelopment of said site; contingent upon approval of a purchase agreement or development agreement, review of the agreement by the City Attorney; and resolution of any planning and zoning issues. Adopted this day of , 2002. Chair Executive Director EHLERS , S S 0 C 1 1, -ES I N MEMORANDUM DATE: June 17, 2002 TO: Mike Morrison—St. Anthony Village FROM: Stacie Kvilvang—Associate Financial Advisor Jim Prosser—Financial Advisor RE: Kenzie Terrace Redevelopment Between 1996 and 1999, the City of St. Anthony Village purchased the following five (5) single- family homes along Kenzie Terrace, in order to assemble them into a single parcel for future redevelopment. Property Address PID# City Acquisition Relocation/Demolition Total Acquisition Cost Cost & Lepi Costs 2548 Kenzie Terrace 07-029-23-23-0004 $105,000 $11,239 $116,239 2546 Kenzie Terrace 07-029-23-23-0005 $62,000 $11,871 $73,871 2542 Kenzie Terrace 07-029-23-23-0006 $94,000 $13,646 $107,646 2538 Kenzie Terrace 07-029-23-23-0007 $70,000 $9,946 $79,946 2534 Kenzie Terrace 07-029-23-23-0008 $53,000 $14,101 $67,101 TOTAL N/A $384,000 $60,803 $444,803 On May 3, 2002, the City sent a Request for Proposals (RFP) to five (5) residential developers who had inquired 1 i ►,� ' and shown interest in redeveloping this 1.06-acre site for both owner-occupied town homes and multi-family rental developments. On May 29, 2002, the City received two submittals from developers in accordance with they requirements of the RFP. ° ' The first developer is LaNel Financial, who currently owns the Autumn Woods Apartments, a senior-rental community located immediately adjacent to the redevelopment site on / Autumn Woods ��, i the east. The second is Larry Beach Construction, who is a ; ; z Senior Apartments . " single-family residential developer. Following is a chart 'lot" w�° that overviews their proposals and a chart that provides an _ analysis of taxes paid pre and post redevelopment: Developer Pro osal Overview Purchase Square Rental Sales Market Annual Developer Development Price of Land Footage Rate Price Value of Taxes Units 20-unit, 2&3 stor} senior $150 $34,610 LaNel rental w/underground ,000 1 050 $1,200- N/A $95,000 $11,679— Financial heated parking $7,500/Unit $1,325 City Portion 8 slab-on-grade,owner- $228,000 $25,737 Larry Beach occupied town homes $136,000 a Construction w/front loaded garages on $17,000/Unit 11330 N/A $240,000 95%of $8,356— Kenzie Terrace Sales Price City Portion Mike Mornson Kenzie Terrace Redevelopment June 17, 2002 Page 2 Tax Analysis Total city Percent Change in Developer Development Property Local Portico of City Portion of Taxes Valuation Taxes Local Taxes From Pre- Redevelopment LaNel 20 Rental Town homes $1,900,000 $30,629 $11,679 1,513% ($95,000/Unit) Larry Beach 8 Town Homes $1,824,000 $21,915 $8,356 1,054% ($228,000/Unit) Pre- 5 Single-Family Homes $375,000 $4,077 $724 N/A Redevelopment ($75,000/Unit) Based upon the above referenced charts, if the City sold the property to LaNel Financial for $150,000, it would take the City 25 years to recapture their total investment in land through the increased City portion of taxes that would be generated by the new development. If the City sold the land to Larry Beach for $136,000, it would take the City 37 years to recapture their investment through the increased City portion of the taxes that would be generated. Based upon this and other information provided by the developers, following is an analysis of the Development Proposals: LaNel Financial 1. Proposed development is similar to The Arbors in White Bear Lake, which will compliment their existing senior rental development to the east. 2. Plan incorporates adjacent property LaNel owns (Autumn Woods) that is currently " open/green space. 3. Existing entrance to Autumn Woods Apartments The Arbors-White Bear Lake on Kenzie Terrace can be utilized to access this new development and will provide additional open/green space. 4. LaNel's proposal provides an urban, pedestrian character to the development, with front entry's that are closer to the sidewalk and street and underground, heated parking. 5. LaNel proposes to pay $150,000 for land, or $7,500/unit, which is in the range for developments of this type (typically $5,000 to $12,000, dependent upon density/location/design criteria). Mike Morrison Kenzie Terrace Redevelopment June 17, 2002 Page 3 Larry Beach Construction 1. Larry Beach Construction proposal would not be able to incorporate the additional land that LaNel currently owns into the development. 2. Development will require six (6) curb cuts on Kenzie Terrace. 3. Design is a typical suburban town home development that is a garage-forward, slab- on-grade. 4. Larry Beach Construction proposes to pay $136,000 for land, or $17,000/unit, which is at the lower end for developments of this type (only 7% of sales price). 5. Concern that sales price per square foot may be outside the market ($180 sq/ft). Recor endation: Both of the developments that were submitted were quality developments and either one would be a positive addition to the City's residential community. If it is the desire of the City Council to sell the property for redevelopment, Ehlers would recommend that they sell the land to LaNel Financial for the following reasons: 1. LaNel Financial is an existing resident and partner in the City and the City Council has been pleased with their performance and product. 2. Design concept is superior in that it will bring additional open/green space to the project. 3. High quality design of proposed development. 4. Development will generate a higher, future tax base for the City. 5. Higher purchase price of land and financial capability to complete development. Ehlers recommends that the City Council enter into a Redevelopment Agreement with LaNel Financial for the redevelopment of Kenzie Terrace. This will allow staff and Ehlers the opportunity to review more detailed development plans and project proforma and negotiate the final density, design and land purchase price. Please contact me at 651-697-8506 if you have any questions.