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HomeMy WebLinkAboutCC PACKET 06142005H.R.A. meeting immediately Following regular council meeting CITY OF ST. ANTHONY our Mission is to be progressive and livable community, a walkable village, which is safe and secure. CITY COUNCIL MEETING AGENDA June 14, 2005 Council Chambers 7.00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items. I. Approval of the June 14, 2005, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items are considered routlne and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of May 24, 2005, Council Meeting Minutes. (pp. 1-10) B. Licenses and Permits. (p. 11) C. Claims. (pp. 12-13) IV. Public Hearings. None. V. Reports from Commission and Others. A. Parks Commission Report. Re: Emerald Park — Doug Koehntop, Parks Chairperson, presenting. B. Presentation of Survey. Bill Morris, Decision Resources, presenting. VI. Tabled Business from May 24, 2005. (pp. 14-25) A. Resolution 05-044; Amendment to Developer Agreement with Amcon Corporation. B. Resolution 05-045; A Conditional Use Permit to allow a restaurant within 250 feet of a residential property for the development located at 2714 Highway 88. C. Resolution 05-046; A variance for building setback for the development located at 2900 Kenzie Terrace. D. Resolution 05-047; A variance for parking for the development located at 2900 Kenzie Terrace. E. Resolution 05-048; Approving intoxicating liquor license for St. Anthony Restaurant Group, dba Huskies Restaurant and Bar. FACouncil Meetings106142005Sagendapg#.doc 0 4 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2005 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 10 11 ROLL CALL. 12 Present: Mayor Faust; Councilmembers Gray, Stille, and Thuesen. 13 Absent: Councilmember Horst. 14 Also Present: City Manager Mike Mornson and City Attorney Jerome Gilligan. 15 16 17 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 18 ITEMS. 19 20 I. APPROVAL OF May 24, 2005 CITY COUNCIL MEETING AGENDA. 21 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the City 22 Council Meeting Agenda of May 24, 2005. 23 24 Motion carried unanimously. 25 26 II. PROCLAMATIONS AND RECOGNITIONS. 27 None. 28 29 III. CONSENT AGENDA. 30 A. Consider May 10 2005 Council meeting minutes. 31 B. Consider licenses and permits. 32 C. Consider payment of claims. 33 D. Resolution 05-41, re: Consider approval of Joint Cooperation Agreement with Hennepin 34 County. 35 36 Mayor Faust requested two changes be made on the May 10, 2005 Council meeting minutes. On 37 page 7, line 17 should read "are there any figures of how many illegal hookups?" Page 9, line 38 28, "iMinneso&' should be changed to "Mississippi". 39 40 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent 41 Agenda items. 42 43 Motion carried unanimously. 44 45 IV. PUBLIC HEARINGS. 46 A. For intoxicating liquor license for St Anthony Restaurant Group dba Huskies Restaurant 47 and Bar. 48 49 Mayor Faust opened the public hearing at 7:04 p.m. City Council Regular Meeting Minutes May 24, 2005 Page 2 2 Mr. Morrison stated this is the City's third liquor license public hearing since the hearings 3 started. The police department conducted their investigation, and no concerning items were 4 discovered. He noted the difference between this request and the other two is that the other two 5 were in the Silver Lake Village Project, which was a PUD. This project cannot happen until the 6 planning and zoning issues are approved by the Council. No hearing is required for renewal or 7 the transfer of a license. The fee for on -sale intoxicating liquor is $8,000, and for Sunday on -sale 8 is $200. The City Ordinance allows for three liquor licenses. The state law allows the City to go 9 up to six licenses. If there are further requests, consideration will have to be given to amend the 10 City Ordinance. 11 12 Robert Foster, resident and attorney for the St. Anthony Restaurant Group, stated as this plan 13 was originally drafted, it was anticipated there would be a retail space in the lower portion and 14 there would be a 4,500 square foot additional building on the site. It was originally planned to be 15 a 6,000 square foot building. He said he is requesting the restaurant/bar that was scheduled to be 16 in the outbuilding now be in the end cap building. The applicant is the St. Anthony Restaurant 17 Group and it owns two other restaurant groups and bars. They own Jackson Street Bar and Grill 18 in Anoka, which is similar in size to the restaurant they are asking be approved in St. Anthony. 19 When this was originally considered by the Council, the Council was looking for a restaurant 20 that replaced the Stonehouse that was on this site and was City owned so that charitable 21 gambling could be replaced. He and the applicants met with the charitable gambling 22 representatives and have reached a tentative gambling agreement that would come into this site. 23 24 Mr. Foster explained this sports bar was going to be named "Huskies" because it reflected the 25 name of the sports team in the city. Many residents spoke against that name. The applicant is 26 now working with a restaurant planner to come up with a new name. They will request approval 27 of the new name by the Council. The hours the restaurant will be open is 11 a.m. until 1 a.m. It 28 will be a family type restaurant. There will be numerous TV sets with various sports games. He 29 said the Jackson Street Bar and Grill in Anoka has a great reputation with city officials and with 30 the community. They hope to bring the same management style to this restaurant. 31 32 Councilmembcr Stille asked him to talk about the training of the employees in regards to carding 33 people. 34 35 Mr. Foster responded that they are not a chain restaurant, so the training may be somewhat less 36 formalized. Both establishments the client operates have rigorous training for the employees to 37 ensure no underage drinking occurs or other liquor violations. All employees will be trained in 38 advance. 39 40 Councilmember Stille asked what the historical food/alcohol sales are. 41 42 Mr. Foster explained one of the facilities is a bar, so they have predominantly liquor sales. In 43 Anoka, there is a requirement that they provide 50% or more food and they meet that 44 requirement. 45 46 Councilmember Thuesen questioned what would determine the actual seating numbers. 47 City Council Regular Meeting Minutes May 24, 2005 Page 3 Mr. Foster answered it is based on the charitable gambling booth. The anticipated seating is 100 to 125. If the charitable gambling booth goes where it is anticipated, it will likely take the place of a large round table, which is 10 seats. Councilmember Thuesen asked what the procedure is if it looks as though capacity will be exceeded in a given evening. 8 Mr. Foster said he will have to confer with the client, but he understood they will have to limit 9 the patrons in order to fit in the parking. He said the plan is to have a spectators' area for sports 10 on site. There is a tenant mix in the building, and he said they believe there will be sufficient 11 parking at the busy times of the restaurant. For example, one of the tenants is Curves, and their 12 primary hours are during the day. The primary use of the restaurant is over the noon hour, and 13 then over the evening hours when adjacent businesses are not operating as heavily. They believe 14 complementary uses on the site have been created. He added that the parking variances 15 requested have been for 18 spots, and with 115 seats, he believes the parking can handle 16 overflow issues. 17 18 Councilmember Gray asked if they anticipate requesting to stay open until 2:00 a.m. 19 20 Mr. Foster said the operators have requested to not stay open until 2:00 a.m. 21 22 Mr. Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated he lives within 250 feet from the 23 proposed bar. He said this request has to be placed in a larger context. The City went to great 24 lengths granting variances for Spectators and it never happened. He questioned whether this 25 restaurant satisfies the City's requirements. The operators never spoke as to their vision for the 26 restaurant and this is troubling. Secondly, he said the selection of the name "Huskies" was 27 troubling, especially considering Mr. Foster lives in this city. He said the attorney for the 28 restaurant is the attorney representing AMCON, and he said he finds this confusing. He reported 29 he went to the Anoka Jackson Street Bar and Grill. The menu is bar food. It was a very nice bar 30 and grill, but he said he didn't thunk a bar is needed in St. Anthony. He recommended the 31 Council disapprove of this request. 32 33 Barry Tedlund, 3 Island View Lane, St. Paul, said he represents some businesses on the south 34 side of the City. He noted the original promise was a 6,000 square foot restaurant. AMCON 35 seems to give the tone that it is giving a favor by putting in a smaller restaurant, but he was 36 looking forward to a larger restaurant. This will be a 4,500 square foot bar and grill instead of 37 6,000 square foot restaurant. He said he wants the promises held. Fie said they welcome 38 complementary businesses and efforts that enhance the beauty of the south side of the city. He 39 said they feel that putting three more businesses on a corner where one 6,000 square foot 40 restaurant was planned defeats the purpose. 41 42 Mayor Faust closed the public hearing at 7:27 p.m. 43 44 V. REPORTS FROM COMMISSION (VICTORIA YOUNG, PLANNING COMMISSIONER 45 PRE, SENTING). 46 A. Resolution 05-42; A lot coverage variance for the property at 3217 — 31St Avenue NE. 0 City Council Regular Meeting Minutes May 24, 2005 Page 4 1 Planning Commissioner Victoria Young said the variance was for the construction of a 120 2 square foot deck on the back of their home. The hardship on this lot is that the house is set deep 3 on the lot with a deep driveway. In order to build their proposed deck and comply with the 4 City's lot coverage requirements, they would have to move their garage forward 10 feet. This 5 would put the garage up against the house and seems a bit unreasonable. However, the property 6 file shows the hardship was not created by the property owners, but rather as the result of the 7 original codification of the City's Zoning Ordinance which occurred in 1976. She noted that 8 both petitioners were available at the Planning Commission meeting and answered all questions. 9 The Planning Commission unanimously recommended approval. The intended deck is planned 10 to be made of some artificial wood material with bushes under it, and rock. She asked if that 11 would count toward the impervious surface of the site, noting it is already a legal nonconforming 12 site. 13 14 Councilmember Stille stated with regard to the 120 square feet, and as long as a deck has slats 15 and can drain, and there is no new net surface, yes it would. 16 17 The applicant said this is part of a three-year process of improving the home. There is a large 18 French door to the backyard, and it was anticipated to put the deck on this year. This is why he 19 did not pull a permit to put the deck on last year. 20 21 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve Resolution 22 05-042 re: A Resolution Approving the Lot Coverage Variance for the Property Located at 3217 23 31" Avenue NE. 24 25 Councilmember Stille requested the consideration of replacing the third finding, or eliminating it. 26 If the people were living in the house prior to 1976, then the City creates the hardship. New 27 buyers after 1976 are aware of the Ordinance and buying the house knowingly so. The City may 28 not have created this hardship. He said he did not want to get in the habit of using the date of 29 codifying as an excuse for such requests. 30 31 Motion by Councilmember Thuesen, seconded by Councilmember Stille to approve Resolution 32 05-042 re: A Resolution Approving the Lot Coverage Variance for the Property Located at 3217 33 31" Avenue NE with the removal of the third finding on the Resolution. 34 35 Motion carried unanimously. 36 37 B. Resolution 05-43; A text amendment change to the Ordinance to allow cemeteries and 38 funeral homes in Zoning District R-1 as a conditional use. 39 Commissioner Young explained this resolution is regarding a text amendment. The request is to 40 add the words "funeral home" to Section 1605.01 of Chapter 16; and to change the permitted 41 uses to "cemeteries, mausoleums, crypts, vaults, and columbarium" within an R-1 District. She 42 summarized the background of the request and noted that Sunset Memorial Park is a legal non - 43 conforming use in the R-1 Zoning District. The ultimate request of this process was to build a 44 funeral home on this site. There was a request to change to a Recreational/Open Space site 45 earlier this year. Many people attended the public hearing and those who spoke cited 46 unanimously to disapprove this change. She explained the Planning Commission discussed the 47 issue, and some of the questions that were raised included: should a funeral home be allowed on 0 City Council Regular Meeting Minutes May 24, 2005 Page 5 1 this site. Would there be a problem having funeral homes and cemeteries falling within two 2 different zoning districts. There was discussion about the historical nature of the site. The entire 3 site with all buildings is eligible for historic preservation. The Administration Building is maybe 4 not of historic significance, but the entire site and all the pieces of the puzzle may be. What 5 would the role of the Administration Building be in this text change. Perhaps we should impose 6 conditional uses to control the situation. She pointed out a motion was made to approve the text 7 amendment, but not seconded. A motion was made to deny and this was passed with one nay 8 vote. 10 Mayor Faust stated a note was received from Mr. Dan Tyson, which states his client requests the 11 postponement of the above hearing. 12 13 Mr. Tyson stated his client is requesting to not proceed with a vote on this matter. This matter 14 will be brought to this body at another time when the language of the Ordinance could be 15 modified and reviewed to ensure compliance with the inconsistent zoning his client suffers with 1.6 a cemetery in an R-1 District since it is a non -conforming use. He said that Alderwoods has 17 been on this journey for six months and tried to do everything the City has asked. The cemetery 18 is the favorite choice of our Chairman of the Board and is a very important place for 19 Alderwoods. He is asking to remove from the text amendment the reference to "funeral home" 20 and "crematorium" from the permitted uses, which was originally thought to be appropriate. He 21 said they heard from the City, and the people that attended the meeting, that a funeral home in 22 this location is something the City does not want. Therefore, they are removing this from the 23 request. He suggested leaving the Administration Building the way it is. The request now is to 24 make the zoning consistent with cemetery use. He noted this may bring issues to this body that 25 have not been considered before and may not have been considered by the Planning 26 Commission. He is asking that this issue be laid over to another time. He recognized there is a 27 60 -day constraint imposed by the state, which could be a concern. He stated his client authorized 28 him to waive the 60 -day rule. He asked that the cemetery be made a legal conforming use. 29 M Couneilmember Gray inquired what the advantage is for the client to change the zoning. 31 32 Mr. Tyson explained that his client originally request that ROS use be permitted. The Council 33 voted he on that issue. This was the selected method of approach with Staff and the City 34 Attorney to bring to this body. There are inconsistencies. To have a legal non -conforming use, 35 though legal, is a hardship for his client. He stated in recognizing that we did have a different 36 plan ahead in locating the new funeral home, we have removed it from the table. Now the 37 request is to change the uses within the zoning to allow cemeteries within the district. 38 39 Mayor Faust said he appreciates them try to clean things up. He pointed out that as long as they 40 are in a legally non -conforming use, they have full use of the property. He said it is difficult to 41 see that there is a legal hardship. It is grandfathered into the R-1. He stated he does not see a 42 compelling reason to change the use. He accepted their withdrawal of working with the Staff. 43 44 Mr. Gilligan, City Attorney, stated that while there may be something of a burden being legal 45 non -conforming, the only limitation is there cannot be expansion. Is a valid use of land as it 46 presently exists. 47 k City Council Regular Meeting Minutes May 24, 2005 Page 6 Mr. Tyson stated they are not withdrawing their petition; they are asking for postponement of the proceeding and a waiver of the 60 -day requirement to allow for reconsideration of the modified text amendment. Mr. Gilligan said the Council can table the motion or choose to act on the underlying submission. Councilmember Stille suggested it be acted on now. 9 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 05- 10 043, re: A Resolution denying a text amendment change to the Ordinance to allow cemeteries 11 and funeral homes in Zoning District R-1 as a conditional use. 12 13 Motion carried unanimously. 14 15 C. Resolution 05-44; A Conditional Use Permit to allow a restaurant within 250 feet of a 16 residential property for the development located at 2714 Highway 88. 17 Mr. Morrison noted that Resolution 05-047 (item F) will be withdrawn. 18 19 Mr. Foster stated the client has agreed to withdraw their request for Resolution 05-047 to allow a 20 drive-tlu-u. 21 22 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to withdraw Resolution 23 05-047; re: A Resolution denying a conditional use permit to allow a drive -thio on the 24 development located at 2900 Kenzie Terrace. 25 26 Motion carried unanimously. 27 28 Commissioner Young addressed Resolution 05-044, which is for the restaurant that has been 29 discussed at this meeting. This building is moved to the end cap from the outlet; the 30 Commission expressed disappointment in the use of the site with the outlet being left vacant. 31 However, they agreed a smaller building may be more suited to the site. The Planning 32 Commission approved this request with conditions as listed in the report. 33 34 Commissioner Young noted a 4,500 square foot building is proposed on the outlot. Originally, 35 two variances were required, as the northeast and northwest corners of the proposed building 36 were in the building setbacks. The Council granted those variances in 2003. Since no 37 construction occurred within the year of their approval, the variances have expired. The 38 applicant is requesting a similar setback variance to the northwest corner. She stated the 39 Commission discussed the landscaping on this corner and overall on the site. They are interested 40 in AMCON and the City working jointly. She reported the Commission accepted this variance 41 accepting landscaping as a condition. 42 43 Commissioner Young explained the parking request is down nine spaces from the original 44 request due to differing types of buildings now being planned for the site. It was approved by 45 the Planning Commission. She said there were nine citizens that spoke out at the Planning 46 Commission meeting citing concerns such as whether there should be a building on the outlot, is 0 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes May 24, 2005 Page 7 too much being planned for the site, and should a variety of businesses be sought. She noted there is some concern with the member of coffee shops in town. Mr. Foster noted that James Winkels is present; he is part owner of the project and a Principal in the project as it is today. He introduced Mr. Forsheen, one of the owners of the restaurant. Mr. Foster stated that what is being presented today accomplishes the goals the City set out when this project started. In terms of replacing a blighted corner, this project goes far in making this a gateway to the city. Since the request to put in a drive thio was removed, he said they anticipate there will be the potential for a small patio attached to a small coffee shop and the remainder of the space will be landscape. The removal of the drive thru accomplishes four more parking stalls. He noted that Paul Tucci with Oppidan will coordinate the landscaping between the land owned by the City, and that owned by the developer. The architectural features will be consistent with the existing building. He noted the City was looking to take the old liquor store out and put it in a building. That was accomplished. The City wanted to generate cash to assist in moving the Fire Station, and that was accomplished. The City also wanted to replace the Stonehouse with something that would allow charitable gambling and this is accomplished and incorporated into the plan. This is not a change in the plan the City made. This project is planned to be available in the early fall, and if it were an outlet, it would take longer to build. The parking situation is better in this plan. He noted there is less tax revenue since it is a smaller building. He said the applicant agreed with City Staff that they would match the taxes for a 6,000 square foot building, even though the proposed site is 4,500 square feet. They will sign an agreement that will match this forever, including the cost of living. He said they are asking that the Resolutions be adopted and reflect changes such as the liquor store moving to the end cap. Mayor Faust stated the Development Agreement notes there is supposed to be a restaurant on that site on or before September 1, 2004. Mr. Foster responded the Development Agreement states a restaurant should be there by September 1, 2004, but if not, it gives the developer a chance to secure a lease agreement by September 1, 2005. Mayor Faust pointed out the Agreement states a restaurant should be depicted as a separate building. Councilmember Thuesen commented that it was implied that there would be a stand-alone restaurant on that pad and now the proposal is for a smaller restaurant and a coffee shop on that pad. He asked what happened from being a stand-alone restaurant to the current proposal. Jim Winkels, AMCON, answered that they were in discussions with another restaurant/bar in the beginning for that site. He said they did propose that a 6,000 square foot restaurant would come on the site. It was a disappointment to his group when that did not work. Since then, he said they are trying to live up to their plan. There were numerous discussions with the City Manager and he noted they have not given up nor tried to hide anything. He said they have identified a good potential tenant on the site. It is the same type of use as originally planned, but a little smaller. They chose to move to the end cap because they believe it fits better there. The difference is only 1,500 square feet. I -Ie said if the Council prefers the restaurant be put on the 0 City Council Regular Meeting Minutes May 24, 2005 Page 8 1 corner, they would comply, but they still think it should be scaled back to 4,500 because it makes 2 more sense. Councilmember Thuesen said his belief is that the beginning expectations were set quite high. Councilmember Stille asked if this is putting the cart before the horse in regard to approving variances. He questioned if it would make sense to have the contract negotiated first. 9 Mayor Faust agreed. He noted that if the Council approved a restaurant based on the 10 Development Agreement, we may be weakening our position or even nullifying it to a certain 11 extent. He added that approving an intoxicating liquor license would be premature. 12 13 Councilmember Gray agreed. 14 15 Councilmember Thuesen said more due diligence should be done so that when a decision is 16 made, all the details are done. 17 18 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to table Items V. 19 (Reports from Commission) C (Resolution 05-44), D (Resolution 05-45), E (Resolution 05-46) 20 and G (Resolution 05-48)., and to submit plans to Council by June 14 after a report is given 21 regarding Item VI.A. Consideration of amendment to development agreement between the City 22 of St. Anthony and Amcon. 23 24 Motion carried unanimously. 25 26 D. Resolution 05-45; A variance for building setback for the development located at 2900 27 Kenzie Terrace. 28 Acted on under Item C. 29 30 E. Resolution 05-46; A variance foi .-Tparking for the development located at 2900 Kenzie 31 Terrace. 32 Acted on under Item C. 33 34 F. Resolution 05-47• A Conditional Use Permit to allow a drive-thm on the development 35 located at 2900 Kenzie Terrace. 36 Withdrawn under item C. 37 38 G. Resolution 05-48; Aprop ving intoxicating liquor license for St. Anthony Restaurant 39 Group, dba Huskies Restaurant and Bar. 40 Acted on under Item C. 41 42 VI. (GENERAL POLICY BUSINESS OF THE COUNCIL. 43 A. Consideration of Amendment to Development Agreement between the City of St. 44 Anthony and Amcon. 45 Mayor Faust noted this was acted on under Item C. He directed Staff and Legal to work on a 46 development agreement with AMCON, and have this item on the Agenda for the June 14, 2005 47 meeting. City Council Regular Meeting Minutes May 24, 2005 Page 9 2 B. Consider Ordinance 05-006 re: Amendment to Dog Ordinance. 3 Mr. Morrison reviewed the resolution with the Council and indicated that this is the first reading 4 of this ordinance. This will make it easier to enforce for the Police Department. He read the 5 language of the new Ordinance, including "any animal noise, which, occurs repeatedly over at 6 least a five (5) minute period of time with a one (1) minutes or less lapse of time between each 7 animal noise during the five (5) minute period will be considered a nuisance." He noted St. Paul 8 had adopted this standard. The City Attorney and the Prosecuting Attorney are looking at the 9 verbiage. 10 11 Councilmember Thuesen asked if there is any Ordinance Staff has looked at that distinguishes 12 between daytime or nighttime barking. 13 14 Mr. Morrison replied that almost all have kept it consistent, and added that police visits would be 15 based on complaints. 16 17 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve Ordinance 18 05-006, re: An Ordinance to amend the section 1210 Subdivision 1; Certain animals declared 19 nuisances. 20 21 Motion carried unanimously. 22 23 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 24 City Manager Morrison reported the following: 25 e The Liquor Operation Staff won the award for 2005 Facility of the Year. IIe 26 congratulated the Council for their decisions and complimented the full time staff of the 27 City for their great job. The City will receive $1,000 from the NMBA. He noted there 28 are 225 cities in Minnesota that have municipal liquor stores, and are part of the NMBA, 29 and St. Anthony is the facility of the year. 30 O A weakness in the Solicitors Ordinance was found, and suggested changes will be 31 brought to the next Council meeting. 32 o The next Council meeting is June 14 and there is a full agenda. 33 34 Councilmember Stille reported he drove down Golden Valley road. It is an example of 35 landscaping and sidewalks and how the power lines are buried. He commented he had lunch at 36 the Anoka Jackson Street Bar and Grill and said it is worth going to the facility. 37 38 Councilmember Thuesen had no report. 39 40 Councilmember Gray noted that over $32,000 was raised at the Leadership Luncheon for 41 Northwest Youth and Family Services. 42 43 Mayor Faust indicated that he attended an open house for Verizon Wireless last week in Silver 44 Lake Village. 45 46 VIII. COMMUNITY FORUM. E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 City Council Regular Meeting Minutes �� May 24, 2005 Page 10 Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. .Mayor Faust indicated he received a letter from Senator Chaudary thanking the Council and City for their efforts in supporting the K-12 public education special funding. John Mary was given a letter of recognition from the Mayor of the League of Minnesota Cities for his safe friendly legislation in our legislative efforts. He thanked Commissioner Young for the Planning Commission's work. X. MISCELLANEOUS INFORMATIONAL DOCUMEN'T'S. None. XI. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:39 p.m. Respectfully submitted, Chris Moksnes TimeSaver Off Site Secretarial, Inc. ATTEST': City Cleric Mayor Motion carried unanimously. Saint Anthony Village 11 DATE: June 14, 2005 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Heating Contractor License: Home Energy Center, Plymouth, MN Associated Mechanical Contractors, Inc., Shakopee, MN Mobile Maintenance, Inc., Minneapolis, MN Metropolitan Mechanical Contractors, Inc., Eden Prairie, MN Royalton Heating & Cooling Co., Brooklyn Park, MN Standard Heating & A/C, Minneapolis, MN Automatic Garage Door & Fireplace, Champlin, MN Contractor License: Benson -Orth Associates, Inc., Minnetonka, MN Multiple Dwelling License: Apache Manor Ltd. Partnership, 3817 Macalaster Drive Highcrest Manor Limited Partnership, 3611 — 37`x` Avenue NE Lakehill Apartments, 3804 Highcrest Road Equinox Properties, 2808 Silver Lane Walker Senior Housing Corporation I, 2626 Kenzie Terrace Diamond 8 Terrace, 3200-3225 Diamond 8 Terrace Plaza Apartments, 3820 Macalaster Drive Autumnwoods, 2600 Kenzie Terrace Chandler Place, 3701 Chandler Drive D & J Properties, 3721 Chandler Drive Temporary 3.2 Beer Permit: Edla Koehntop, 3408 Skycroft Drive Central Park / July 16, 2005 / 2:OOpm—10:00pm Charles & Sally Heckert, 3306 Belden Drive Central Park / June 25,2005 / 11:OOam — 5:OOpm ACS FINANCIAL SYSTEM OG/06/2005 13: BANK VENDOR FIRS BREMER BANK NA Check Register CHECKU ST. ANTHONY VILLAGE GL540R-V06.70 PAGE 1 DATE AMOUNT 008621 ALLIAaNCE MECHANICAL 25091 06/15/05 2,903.00 006450 ANIMAL CONTROL SERVICES, 25092 06/15/05 159.00 00"1168 BOYER FORD TRUCKS, INC. 25093 06/15/05 305.02 000520 BRYAN ROCK PRODUCTS 25094 06/15/05 1,511.72 ' 9.55 003714 BUILDING FASTENERS 25095 06/15/05 .00001 CAMPBELL/SARAH 25096 06/15/05 17.50 662.33 008652 CARTRIDGE CARE 25097 06/15/05 25098 06/15/05 6,742.09 007386 CASTLE INSPECTION SERVIC 25099 06/15/05 169.85 000610 002380 CATCO CENTERPOINT ENERGY MINES 25100 06/15/05 4,039.75 CHRIS J LARSON 25101 06/15/05 14.94 .00006 009056 CITY OF ROSEVILLE 25102 06/15/05 5,852.92 CITY OF ST PAUL 25103 06/15/05 143.68 .00001 008577 CITY OF ST. PAUL 25104 06/15/05 20.00 000655 CLAREY'S SAFETY EQUIPMEN 25105 06/15/05 316.96 004107 COMPTON'S COMMERCIAL CLE 25106 06/15/05 4,015.05 008736 CREATIVE FORMS & CONCEPT 25107 06/15/05 415.14 008966 CULVERS 25108 06/15/05 06/15/05 92.47 103.84 007178 D -ROCK CENTER & SMALL EN 25109 25110 05/15/05 684.69 000800 DAVIES WATER EQUIP CO. 25111 06/15/05 24.76 001145 DEEP ROCK WATER COMPANY 25112 06/15/05 165.00 000034 DEMPSEY'S STUMP SERVICE 25113 06/15/05 614.482 000807 DIAMOND VOGEL PAINT'S 5114 06/15/05 6,909.85 000820 DORSEY & WHITNEY 25115 06/15/05 396.00 008362 EMBEDDED SYSTEMS, INC. 25116 06/15/05 64.70 008604 EMERGENCY APPARATUS 25117 OG115105 31.99 008153 009170 FILTERFRSH FIRF.-EMS-SAFETY CENTER M 25118 06/15/05 25.00 008647 FRATTALLONE'S HARDWARE 25119 06/15/05 56.91 001030 G & K SERVICES INC 25120 06/15/05 25121 06/15/05 692.51 601.59 001250 GRAINGER INC/W W 25122 06/15/05 124.53 008530 GREENMAN TECHNOLOGIES OF 25123 06/15/05 50.85 008088 HAWK LABELING SYSTEMS 25124 06/15/05 1,622.85 001420 HAWKINS WATER TREATMENT 25125 06/15/05 2,130.23 008944 HENN CNTY INFO TECH DEPT CREDIT SERVIC 25126 06/15/05 784.53 008252 008062 HOME DEPOT HSBC RETAIL SOLUTIONS 25127 06/15/OS 831.95 008630 HUDDLE/MICHAEL 25128 06/15/05 008833 I -STATE TRUCK CENTER 25129 06/15/05 11.50 007358 J.R.'S APPLIANCE DISPOSA 25130 06/15/05 1,905.00 007352 RATH FUEL OIL SERVICE 25131 06/15/05 33.50 008229 LOFFLER BUSINESS SYSTEMS 25132 06/15/05 144.84 .00008 M & B PARISEAU 25133 06/15/05 12.70 002125 MALENICK/JOHN 25134 06/15/05 38.42 32.18 .00005 MARLENE SHUDY 25135 06/15/05 06/15/05 1,550.14 008710 MATRX MEDICAL INC. 25136 25137 06/15/05 225.13 008263 MCLEOD USA, INC. 25138 06/15/05 55.27 002230 RENARD LUMBER 008279 METRO COUNCIL BEVIR SERV 25139 06/15/05 5,742.00 007835 METROCALL 25140 06/15/05 198.26 002240 METROPOLITAN COUNCIL 25141 06/15/05 35,336.23 002200 MIDWEST ASPHALT CORP 25142 06/15/05 26.66 000668 MINNEAPOLIS COMM -TECH CO 25143 06/15/05 130.00 007340 MINNEAPOLIS FINANCE DEPT 25144 06/15/05 500.00 008249 MINNESOTA COUNTIES INS. 25145 06/15/05 250.00 007131 MINNESOTA DEPT OF HEALTH 25146 06/15/05 2,971.00 008269 MINNESOTA SHREDDING LLC 25147 06/15/05 58.00 MINNESOTA SPRING & SUSP£ 25148 06/15/05 292.65 .00003 008808 MN CITY COUNTY MGMT AGED 25149 06/15/05 95.00 005108 MN DEPT OF PUBLIC SAFETY 25150 06/15/05 225.00 008084 MURLOWSKI PROPERTIES 25151 06/15/05 122.40 007159 NAPA AUTO PARTS 25152 06/15/05 3.50 008993 NEXTEL COMMUNICATIONS 25153 06/15/05 246.45 000045 OFFICE DEPOT 25154 06/15/05 513.61 008631 PARTS PLUS ROSEVILLE 25155 06/15/05 23.29 PAUL CHRISTENSEN 25156 06/15/05 38.61 .00007 008805 PETTY CASH - BREMER BANK 25157 06/15/05 131.12 008369 POSTMASTER - TO METRO HU 25158 06/15/05 2,000.00 007057 PRAXAIR 25159 06/15/05 35.15 009139 PROPERTY KEY, INC. 25160 06/15/05 50.00 004492 QWEST 25161 06/15/05 62,44 009182 SAM'S CLUB 25162 06/15/05 124.51 SCHMALZBAUER/ARNOLD 25163 06/15/05 183.47 .00002 008839 SECOND NATURE LAWN AND 25164 06/15/05 10,949.00 008199 SIGNATURE CONCEPTS, INC. 25165 06/15/05 358.15 005238 SPECIALTY RADIO SERVICE 25166 06/15/05 529.58 007072 ST ANTHONY CHAMBER OF CO 25167 06/15/05 120.00 002420 STAR TRIBUNE 25168 06/15/05 6,669.48 003490 STREICHER'S 25169 06/15/05 29.95 003260 T A SCHIFSKY & SONS 25170 06/15/05 62.04 008700 TO WEB TECH 1 06/15/05 33.00 005273 TESSMAN SEED INC. 25172 06/15/05 437.86 THEODORE L ABRAHAM 25173 06/15/05 3.54 .00004 007337 TIMESAVER OFF SITE SECRE 25174 06/15/05 466.65 008859 U.S. BANK 25175 06/15/05 250.00 008561 UNITED RENTALS COMPANY 25176 06/15/05 435.90 008227 VERIZON WIRELESS, BELLEV 25177 06/15/05 280.85 004494 WASTE MANAGEMENT - BLAIN 25178 06/15/05 405.O6 008890 WEBBER RECREATIONAL DESI 25179 06/15/05 1,002.17 008273 WSB & ASSOCIATES, INC. 25180 06/15/05 14,135.50 002600 XCEL ENERGY 25181 06/15/05 7,017.00 BREMER BANK NA 139,831.65 LL ACS FINANCIAL SYSTEM - ST. ANTHONY VILLAGE 06/06/2005 11: Check Register GL540R-V06.70 PAGE 1 BANK VENDOR CHECK){ DATE AMOUNT LIQR LIQUOR CHECKING ACCOUNT 004014 ALLIED PAPER CO. 24519 06/15/05 63.50 008794 ARCTIC GLACIER INC. 24520 06/15/05 747.18 004293 BELLBOY CORP. - 24521 06/15/05 5,131.59 009173 BERLSON* IMPORTS 24522 06/15/05 84.00 009100 CAT & FIDDLE BEVERAGE 24523 06/15/05 145.00 004080 CHISAGO LAKES DIST. CO., 24524 06/15/05 1,592.99 008216 CINGULAR WIRELESS 24525 06/15/05 47.65 009056 CITY OF ROSEVILLE 24526 06/15/05 1,023.60 004085 CITY OF ST ANTHONY 24527 06/15/05 17,498.59 004095 COCA COLA ENTERPRISES IN 24528 06/15/05 1,741.55 009174 DAY DISTRIBUTING CO 24529 06/15/05 80.00 008219 DEX MEDIA EAST 24530 06/15/05 204.21 004120 EAGLE WINE CO 24531 06/15/05 2,281.14 004125 EAST SIDE BEVERAGE CO 24532 06/15/05 34,179.65 004135 ELECTRO WATCHMAN INC 24533 06/15/05 146.97 008697 EXTREME BEVERAGE 24534 06/15/05 43.00 008906 FORTIS BENEFITS 24535 06/15/05 32.72 001030 G & K SERVICES INC 24536 06/15/05 261.44 009102 GRAND PERE WINES, INC 24537 06/15/05 1,256.00 004172 GRAPE BEGINNINGS, INC. 24538 06/15/05 1,290.17 004175 GRIGGS COOPER & CO INC 24539 06/15/05 7,566.00 0042.07 HOHENSTEIN'S, INC 24540 06/15/05 3,196.30 004220 JOHNSON BROTHERS LIQUOR 24541 06/15/05 14,557.21 004230 KUETHER DISTRIBUTING CO 24542 06/15/05 22,120.38 009114 M. AMUNDSON LLP 24543 06/15/05 1,592.82 004265 MARK VTI SALES INC 24544 06/15/05 16,697.50 004277 MIDWEST TAPE & RIBBON IN 24545 06/15/05 500.00 009113 MINNESOTA CROWN DISTRIBU 24546 06/15/05 126.00 009172 MORE DISTRIBUTING INC 24547 06/15/05 108.00 009084 MUZAK - NORTH CENTRAL 24548 06/15/05 49.58 008996 NEEDHAM DISTRIBUTING CO 24549 06/15/05 50.00 008883 NEW FRANCE WINE COMPANY 24550 06/15/05 404.00 004354 PAUSTIS & SONS 24551 06/15/05 1,611.95 004360 PHILLIPS WINE & SPIRITS 24552 06/15/05 3,237.38 004376 PRIOR WINE CO 24553 06/15/05 3,009.42 004385 QUALITY WINE CO 24554 06/15/GS 15,217.76 008983 SOULO DESIGN, INC 245SS 06/15/05 113.75 009183 SPANISH WINES IMPORTERS 24556 06/15/05 296.32 008859 U.S. BANK 24557 06/15/05 15,931.25 008316 WINE COMPANY/TRE 24558 06/15/05 917.15 008310 WINE MERCHANTS INC 24559 06/15/05 1,320.60 004499 WORLD CLASS WINES, INC. 24560 06/15/05 304.00 009076 XCELERATED COMPUTER SOLO 24561 06/15/05 155.00 LIQUOR CHECKING ACCOUNT 176,933.32 *** REQUEST FOR COUNCIL CONSIDERATION Report Date: June 1, 2005 Agenda Section: V1, A-E Meeting Date: June 14, 2005 ITEM DESCRIPTION: Amendment to Amconr LLC Development Agreement MANAGER'S REVIEW: On May 31, 2005 Staff met with representatives of Amcon, LLC to discuss and negotiate a possible amendment to the existing development agreement between the two parties. As has been established in previous council discussions, the current development agreement signed July 2003, between the parties obligated the developer to develop a 6000 square foot restaurant on the front pad site to be substantially completed by September 1, 2004 or totally completed by September 1, 2005. The developer requested a change to the existing agreement to allow a mixed-use 4500 square foot retail building on the pad site and the restaurant in the existing building. In the negotiations with the developer on May 31, 2005, staff requested the pad site be turned over to the city immediately in return for an amendment to the development agreement which would allow the restaurant to not go on the pad site as originally planned. The City staff as an alternative option requested a payment of $150,000 for an amendment to the development agreement. This would allow the developer to construct the 4500 square foot building in lieu of 6000 square feet and move the restaurant to the main building. The developer is proposing a payment to the City in the amount of $100,000 to amend the development agreement, which, would allow them to put the 4500 square foot building on the front pad. The reduction in taxes because of the reduction in building size is estimated at $4,418 per year. Enclosed is a resolution amending the Development Agreement to allow for the amendment to occur. If you agree to the amendment, you would vote in favor of the resolution and follow up by voting for the three resolutions from the planning commission as well as the Intoxicating Liquor License resolution. If you are not in favor of this amendment to the Development Agreement, you vote against this amendment and then vote down the three Planning Commission resolutions plus the Intoxicating Liquor License Resolution. tial a V I Michael Morrison City Manager 0 ��'1v�ct5 Cdn;<t'ec,d, We, the undersigned, as St. Anthony business owners, encourage the City of St. Anthony to require Aincon to fulfill the agreement they made and had approved with the City to provide a 6,000 square foot restaurant on the north end of their site. We welcome complimentary businesses as further support of our efforts to provide for the needs of the residents of St. Anthony and surrounding area and efforts that enhance the beauty of the south end of the city. A comprehensive plan was carefully developed and agreed upon. Please insist they stick to the original plan and their obligations. We all share the same objective, to make the quality of life in St. Anthony even better. Sive feel squeezing three or more businesses on a corner designed for one quality restaurant defeats this purpose. ►I TAVI I1y � BUSINESS 1eQsou,rCE- S 0-ay),f':rZrI�- vie e- \ r� M CITY OF ST. ANTHONY RESOLUTION 05-044 AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF ST. ANTHONY AND AMCON, LLC. WHEREAS, the City Council and Amcon, LLC approved a development agreement dated July 2003. WHEREAS, the Development agreement obligated Amcon, LLC to construct a 6000 square foot restaurant on the pad lot by September 2005. WHEREAS, Amcon, LLC has requested a change to the Development Agreement to not build a 6000 square foot restaurant but instead build a 4500 square foot retail center. NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Anthony to approve the amendment to the development agreement with Amcon, LLC to allow for a 4500 square foot retail center in return for a payment of $100,000 said payment to be made to the City by July 13, 2005. AMCON CONSTRUCTION QI CITY OF ST. ANTHONY VILLAGE By Its Mayor By Its City Manager M CITY OF ST. ANTHONY RESOLUTION 05-044 AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF ST. ANTHONY AND AMCON, LLC. WHEREAS, the City Council and Amcon, LLC approved a development agreement dated July 2003. WHEREAS, the Development agreement obligated Amcon, LLC to construct a 6000 square foot restaurant on the pad lot by September 2005. WHEREAS, Amcon, LLC has requested a change to the Development Agreement to not build a 6000 square foot restaurant but instead build a 4500 square foot retail center. NOW, THEREFORE, BE IT RESOLVED by the City Council of St. Anthony to deny the amendment to the development agreement with Amcon, LLC to allow for a 4500 square foot retail center in return for a payment of $100,000 said payment to be made to the City by July 13, 2005. AMCON CONSTRUCTION Its CITY OF ST. ANTHONY VILLAGE By Its Mayor By Its City Manager CITY OF ST. ANTHONY RESOLUTION 05-045 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL PROPERTY FOR THE DEVELOPMENT LOCATED AT 2714 HIGHWAY 88. WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a conditional use permit to allow a restaurant within 250 feet of a residential property for the development located at 2714 Highway 88; and WHEREAS, the Planning Commission recommends Council approve the conditional use permit to allow a restaurant within 250 feet of a residential property for the development located at 2714 Highway 88 with the following conditions: a. Garbage areas must be enclosed with materials that match buildings and must be located on the southwest corner b. Lighting must be "down spill', with no spillage to residential properties across Kenzie Terrace and conform with adjacent area (St. Anthony Boulevard) c. No music or other artificial noise shall be audible from any residential district d. City engineers must approve the plan, including a determination that the proposed plan will not have an adverse impact on the current water run-off situation e. Improve the landscape to the north side of the building f. The design of the building shall conform with the exciting center g. Hours of operation shall coincide with liquor service hours h. Neon signage prohibited on west wall of building. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves a conditional use permit to allow a restaurant within 250 feet of a residential property for the development located at 2714 Highway 88, as recommended by the Planning Commission at their May 17, 2005 meeting. Adopted this 14th day of June, 2005. ATTEST:_ City Clerk Review for Administration: Mayor City Manager CITY OF ST. ANTHONY RESOLUTION 05-045 A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL PROPERTY FOR THE DEVELOPMENT LOCATED AT 2714 HIGHWAY 88 WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a conditional use permit to allow a restaurant within 250 feet of a residential property for the development located at 2714 Highway 88; and WHEREAS, the Council received the Planning Commission's report at the Council's May 24, 2005 meeting; and WHEREAS, Council member discussion following the report raised concern that the proposed conditional use will be inconsistent with certain provisions of the Development Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in particular, with the construction and operation of a restaurant on the development property; and WHEREAS, the Council finds that the proposed conditional use will be: (a) incompatible with other uses in the area; (b) detrimental to the health, safety and general welfare of persons residing or working in the vicinity; (c) detrimental to the values of property in the vicinity; and (d) will not provide a service or facility which is in the interest of public convenience and will not contribute to the general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby denies a conditional use permit to allow a restaurant within 250 feet of a residential property located at 2714 Highway 88. Adopted this 14th day of June, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager WE CITY OF ST. ANTHONY RESOLUTION 05-046 A RESOLUTION APPROVING A VARIANCE FOR BUILDING SETBACK FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a variance for building setback for the development located at 2900 Kenzie Terrace; and WHEREAS, the Planning Commission had the following findings: W 1. One rear yard setback (northwest corner of building) variance of 12 feet for a proposed setback of 5 feet at the property line. a. Undue hardship exists based on the following: a. Circumstances creating the hardship is an irregular parcel with a jog, not the result of owner/applicant b. The variance, if granted, would not alter the essential character of the locality as there is sufficient room at the property line and adjacent buildings and streets. c. Economic consideration alone is not the reason for the variance request d. Because of the overall shape of the parcel, the property cannot be put to reasonable use without the need for variances. b. The variance will maintain the spirit and intent of the zoning code. c. The circumstances creating the need for the variance are unique to this property because of its odd shape. d. No signage on the north wall as described by applicant. e. Continue working with the City on landscaping and connecting sidewalks. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the variance for building setback for the development located at 2900 Kenzie Terrace. Adopted this 14th day of June, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager CITY OF ST. ANTHONY RESOLUTION 05-046 A RESOLUTION DENYING A VARIANCE FOR BUILDING SETBACK FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a variance for building setback for the development located at 2900 Kenzie Terrace; and WHEREAS, the Council received the Planning Commission's report at the Council's May 24, 2005 meeting; and WHEREAS, Council member discussion following the report raised concern that the proposed variance will be inconsistent with certain provisions of the Development Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in particular, with the construction and operation of a restaurant on the development property; and WHEREAS, the Council makes the following findings: (a) The property can be put to a reasonable use without the variance, including the development scenario agreed to in the Development Agreement. (b) The suggested changes in circumstances since execution of the Development Agreement were caused by the developer's failure to act upon a prior variance granted for the development scenario agreed to in the Development Agreement. (c) The variance, if granted, would alter the essential character of the locality. (d) Economic considerations are the primary basis for the requested variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby denies a variance for building setback for the development located at 2900 Kenzie Terrace. Adopted this 14th day of June, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager M W CITY OF ST. ANTHONY RESOLUTION 05-047 A RESOLUTION APPROVING A VARIANCE FOR PARKING FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a variance for parking for the development located at the outlot building of 2900 Kenzie Terrace; and WHEREAS, the Planning Commission had the following findings: 1. A parking variance of 18 stalls for a restaurant and retail center (136 required) a. The property line is currently blighted, is poorly planned and is overall a detriment to the locale b. An undue hardship would result if strict adherence to the ordinance is required, based on the following: i. The hardship results from the odd shape of the parcel, and was not created by the owner/applicant ii. The variance would not alter the essential character of the locale, but would represent an improvement to the area iii. The property cannot be put to reasonable use without the variance because of its odd configuration iv. Economic considerations alone are not the basis of the hardship c. The circumstances creating the hardship are unique to this property The granting of this variance will maintain the spirit of the zoning code because of the staggered peak business times for the proposed uses of the property, which will allow for adequate parking for all the uses at any given time of day. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the variance for parking for the development located at the outlot building of 2900 Kenzie Terrace, as recommended by the Planning Commission at their May 17, 2005 meeting. Adopted this 14t" day of June, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager W CITY OF ST. ANTHONY RESOLUTION 05-047 A RESOLUTION DENYING A VARIANCE FOR PARKING FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a variance for parking for the development located at the outlet building of 2900 Kenzie Terrace; and WHEREAS, the Council received the Planning Commission's report at the Council's May 24, 2005 meeting; and WHEREAS, Council member discussion following the report raised concern that the proposed variance will be inconsistent with certain provisions of the Development Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in particular, with the construction and operation of a restaurant on the development property; and WHEREAS, the Council makes the following findings: (a) The property can be put to a reasonable use without the variance, including the development scenario agreed to in the Development Agreement. (b) The suggested changes in circumstances since execution of the Development Agreement were caused by the developer's failure to act upon a prior variance granted for the development scenario agreed to in the Development Agreement. (c) The variance, if granted, would alter the essential character of the locality. (d) Economic considerations are the primary basis for the requested variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby denies a variance for parking for the development located at the outlet building of 2900 Kenzie Terrace. Adopted this 14th day of June, 2005. ATTEST: City Clerk Mayor Review for Administration: City Manager CITY OF ST. ANTHONY VILLAGE RESOLUTION 05-048 A RESOLUTION APPROVING THE INTOXICATING LIQUOR LICENSE FOR ST. ANTHONY RESTAURANT GROUP, INC. DBA HUSKIES RESTAURANT AND BAR LOCATED AT 2714 HIGHWAY 88. Whereas, the applicant, St Anthony Restaurant Group, Inc., dba Huskies Restaurant and Bar has submitted the proper application and fees; and; Whereas, the City of St. Anthony Police Department has performed an investigative background check; and Whereas, the City Council has held a public hearing in accordance with Ordinance 1000.06 Consideration of Application, Public Hearing. BE IT RESOLVED, that the City Council approves the Liquor License for St Anthony Restaurant Group, dba Huskies Restaurant and Bar located at 2714 Highway 88. Adopted this 14th day of June, 2005. ATTEST: City Clerk Review for Administration: Mayor City Manager M CITY OF ST. ANTHONY VILLAGE RESOLUTION 05-048 A RESOLUTION DENYING THE INTOXICATING LIQUOR LICENSE FOR ST. ANTHONY RESTAURANT GROUP, INC. DBA HUSKIES RESTAURANT AND BAR LOCATED AT 2714 HIGHWAY 88. Whereas, the applicant, St Anthony Restaurant Group, Inc., dba Huskies Restaurant and Bar has submitted the proper application and fees; and; Whereas, the City of St. Anthony Police Department has performed an investigative background check; and Whereas, the City Council has held a public hearing in accordance with Ordinance 1000.06 Consideration of Application, Public Hearing. Whereas, Council member discussion following the report raised concern that the proposed location of the intoxicating liquor license will be inconsistent with certain provision of the Development agreement with Amcon St. Anthony, LLC, dated November 3, 2004, and, in particular, with the construction and operation of a restaurant on the development property. NOW, THEREFORE, BE IT RESOLVED, that the City Council denies the Liquor License for St Anthony Restaurant Group, dba Huskies Restaurant and Bar located at 2714 Highway 88. Adopted this 14th day of June, 2005. 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ANTHONY RESOLUTION 05-049 A RESOLUTION APPROVING THE AUDIT OF THE CITY OF ST. ANTHONY FOR THE YEAR ENDED DECEMBER 31, 2004 WHEREAS, an audit of the City of St. Anthony general purpose financial statements for the year 2004 was presented by Stuart J. Bonniwell, Certified Public Accountant; and WHEREAS, the audit was presented to the City Council at a regular meeting on June 14, 2005. WHEREAS, the auditor has recommended a revision to the 2004 General Operating Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the 2004 City of St. Anthony audit and amends the 2004 General Operating Budget to $4,164,000, as submitted by Stuart J. Bonniwell, CPA. Adopted this 14t" day of June, 2005. ATTEST: City Clerk Reviewed for Administration: Mayor City Manager Ex The City's Housing and Redevelopment Authority (HRA) is overseeing the administration and development within the above referenced Tlli District. As part of this administration, the HRA has been required to loan funds to this District to temporarily finance qualified TIF costs. The funding for these costs can come from available funds in the account for other tax increment fmancing districts administered by the Authority, or from other Authority or City funds available for such purposes. In the case of this District, the HRA has loaned the funds from its Development Fund. State Statute requires that the HRA approve a resolution authorizing an internal (interfund) loan to the respective TIF District and set the terms for reimbursement of the qualified TIF costs to be repaid with tax increments from the respective TIF District. The HRA will be approving an interfund loan resolution for the above referenced District on June 14, 2005. In addition to the HRA's approval of the resolution, State Statute requires that the City Council approve the interfund loan as well, even if it is made by the HRA. Please contact me at 651-697-8506 with any questions. cc: Jerry Gilligan — Dorsey & Whitney File LEADERS IN PUBLIC FINANCE 3660 Centre Pointe Drive Roseville, MN 55113-1105 Phone: 651-60-K06 Fax: 651-697-8555 skvilvang@ehlers-inc.com To: f E H L E R S t 3j & ASSOCIATES INC ✓Til From: The City's Housing and Redevelopment Authority (HRA) is overseeing the administration and development within the above referenced Tlli District. As part of this administration, the HRA has been required to loan funds to this District to temporarily finance qualified TIF costs. The funding for these costs can come from available funds in the account for other tax increment fmancing districts administered by the Authority, or from other Authority or City funds available for such purposes. In the case of this District, the HRA has loaned the funds from its Development Fund. State Statute requires that the HRA approve a resolution authorizing an internal (interfund) loan to the respective TIF District and set the terms for reimbursement of the qualified TIF costs to be repaid with tax increments from the respective TIF District. The HRA will be approving an interfund loan resolution for the above referenced District on June 14, 2005. In addition to the HRA's approval of the resolution, State Statute requires that the City Council approve the interfund loan as well, even if it is made by the HRA. Please contact me at 651-697-8506 with any questions. cc: Jerry Gilligan — Dorsey & Whitney File LEADERS IN PUBLIC FINANCE 3660 Centre Pointe Drive Roseville, MN 55113-1105 Phone: 651-60-K06 Fax: 651-697-8555 skvilvang@ehlers-inc.com To: Mike Morrison — City Manager O Roger Larson — Finance Director 2 From: Stacie Kvilvang -- Ehlers and Associates LU E Date: June 14, 2005 Subject: Interfund Loan — TIF District 3-5 (Apache Redevelopment) The City's Housing and Redevelopment Authority (HRA) is overseeing the administration and development within the above referenced Tlli District. As part of this administration, the HRA has been required to loan funds to this District to temporarily finance qualified TIF costs. The funding for these costs can come from available funds in the account for other tax increment fmancing districts administered by the Authority, or from other Authority or City funds available for such purposes. In the case of this District, the HRA has loaned the funds from its Development Fund. State Statute requires that the HRA approve a resolution authorizing an internal (interfund) loan to the respective TIF District and set the terms for reimbursement of the qualified TIF costs to be repaid with tax increments from the respective TIF District. The HRA will be approving an interfund loan resolution for the above referenced District on June 14, 2005. In addition to the HRA's approval of the resolution, State Statute requires that the City Council approve the interfund loan as well, even if it is made by the HRA. Please contact me at 651-697-8506 with any questions. cc: Jerry Gilligan — Dorsey & Whitney File LEADERS IN PUBLIC FINANCE 3660 Centre Pointe Drive Roseville, MN 55113-1105 Phone: 651-60-K06 Fax: 651-697-8555 skvilvang@ehlers-inc.com m CITY OF ST. ANTHONY RESOLUTION NO. 05-050 AUTHORIZING INTERNAL LOANS FOR ADVANCE OF PUBLIC REDEVELOPMENT COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 3-5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA (the "City") AS FOLLOWS: Section 1. Back round. 1.01. Pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act") the St. Anthony Housing and Redevelopment Authority (the "Authority") previously established Tax Increment Financing District No. 3-5 (the "TIF District") within the Redevelopment Project No. 3 (the "HRA Project"). 1.02. The Authority may incur certain costs related to the TIE Districts and Redevelopment Project, which costs may be financed on a temporary basis from available fiords in the account for other tax increment financing districts administered by the Authority, or from other Authority or City finds available for such purposes. 1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority and City are authorized to advance or loan money from any find from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.04. On June 14, 2005, the Authority approved a resolution (the "Loan Resolution") authorizing an internal loan and setting the terms for reimbursement of public redevelopment costs of the Redevelopment Project to be repaid with tax increments from the respective TIF District. Section 2. Interfand Loans Authorized. 2.01. The City approves the interfund loan described in the Loan Resolution, and authorizes use of any unencumbered City or Authority finds available for such purposes under law as the source of the funds for the loan. 2.02. The City Chief Financial Officer is authorized and directed to determine the fund(s) or account(s) from which monies are drawn for the inter£ nd loans, and to credit repayments under the Loan Resolution to the relevant fund(s) or account(s). 2.03. City staff and officials are authorized and directed to execute any collateral documents and take any other actions necessary to carry out the intent of this resolution. Approved by the City Council of the City of St. Anthony this 14th day of June, 2005. ATTEST: City Clerk Mayor Reviewed for Administration: City Manager REQUEST FOR COUNCIL CONSIDERATION Report Date: June 1, 2005 Agenda Section: Vil, c Meeting Date: June 14, 2005 ITEM DESCRIPTION: Requesting interested resident to submit letters of interest for a task force to assist with the design of Silver Lake Road. MANAGER'S REVIEW: At the City strategic meeting planning session improvements to Silver Lake were listed as a top priority for the City. Council and staff have had previous contact with Commissioner Stenglein and County Engineer Jim Grube. The attached resolution is the first step I this process, which, is the establishment of a Silver Lake Road Task Force. Interested applicants have until August 1, 2005 to send a letter to the City Manager to express their interest in said task force. The City Council will appoint Task Force members at their August 9, 2005 meeting. The Task Force first meeting will be September 26, 2005. They will meet the fourth Monday of the month for approximately six months. Jay Hartman, Public Works Director and Todd Hubmer, WSB will provide staff assistance to the Task Force in addition a staff member from Commissioner Stenglein`s office as well as County Engineer Office will also provide staff support from the county position. We will be advertising in the July newsletter, the St. Anthony Bulletin, City Website, and Cable Channel. Staff Recommendation. Approve Resolution 05-051— Requesting interested residents to submit letters of interest for a task force to assist with the design of Silver Lake Road. t Michael Mornson City Manager 31 E/ Schedule for Silver Lake Road Task Force June 14 Council authorizes City Manager to advertise for task force members August 9 Council Approves the members to the task force September 26 Task force first meeting Meetings will the 4th Monday of the month. Anticipate six meetings. September 26, 2005 October 24, 2005 November 28, 2005 January 23, 2006 February 27, 2006 March 14 or 28th; Presentation to City Council City Staff: Jay Hartman, Public Works Director Todd Hubmer, WSB County Staff: County PWE Staff from Commissioner Stenglein Council participation: ?? CITY OF ST. ANTHONY RESOLUTION 05-051 A RESOLUTION ESTABLISHING A SILVER LAKE ROAD TASK FORCE AND APPOINTING MEMBERS THERETO WHEREAS, the St. Anthony City Council has begun a process to discuss possible improvements to Silver Lake Road; WHEREAS, the St. Anthony City Council recognizes the need for City residents to become involved in identifying the needs, options, and affordable solutions for the facilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby elects the City Manager to authorize an advertisement for members for possible task force. Adopted this 14th day of June, 2005. ATTEST: Clerk Review for Administration: Mayor City Manager NUNOUTIMMY Date: May 4, 2005 To: Mayor and Council From: Captain John Ohl Michael Mornson, City Manager SUBJECT: Animal Nuisance Ordinance As you are aware, the Police Department has suggested the following changes to the animal ordinance 1210.010 Subd. 1. The new language is as follows: No person owning operating, having charge of, or occupying, any building or premises shall keep or allow to be kept any animal which, shall, by any noise, "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including Animal Control or any Law Enforcement Officer, from a location outside the building or premises where the animal is being kept. Any animal noise, which, occurs repeatedly over at least a five (5) minute period of time with a one (1) minute or less laps of time between each animal noise during the five (5) minute period will be considered a nuisance. This language would then be followed by our current language starting with "any female dog in heat....", but would exclude any language regarding notification. This change provides an objective standard, the five minutes period of time, which, we didn't previously have. ORDINANCE 2005-006 AN ORDINANCE TO AMEND THE SECTION 1210 SUBDIVISION 1; CERTAIN ANIMALS DECLARED NUISANCES AS FOLLOWS: 1210.010 Subd. 1 — Certain Animals Declares Nuisances No person owning operating, having charge of, or occupying, any building or premises shall keep or allow to be kept any animal which, shall, by any noise, "unreasonably disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including Animal Control or any Law Enforcement Officer, from a location outside the building or premises where the animal is being kept. Any animal noise, which, occurs repeatedly over at least a five (5) minute period of time with a one (1) minute or less laps of time between each animal noise during the five (5) minute period will be considered a nuisance. First Reading: May 24, 2005 Second Reading, June 14, 2005 Adopted: a. • ATTEST: City Clerk Publish: St. Anthony Bulletin m M MEMORANDUM DATE: May 26, 2005 TO: Mike Morrison, City Manager Dick Engstrom, Chief of Police FROM: John Ohl, Police Captain SUBJECT: SOLICITOR COMPUTERIZED CRIMINAL HISTORY CHECKS Our department has been conducting solicitor computerized criminal history checks based on our ordinance 1130.03 (g). As previously discussed, this ordinance does not fulfill the statutory requirements allowing the police department to conduct criminal history checks on solicitors. I have attached the BCA guidelines for local access of computerized criminal histories for non -criminal justice purposes. I have also attached my suggestion for the replacement of 1130.03 (g), so as to fulfill the statutory requirements and allow us to again conduct these checks. Guidelines for local access of CCH for non -criminal justice purposes • Before accessing Minnesota Computerized Criminal History data, a city ordinance or county resolution for the background check must be in place. • Access for these purposes shall be limited to MN CCH public data only. Access to III for these purposes is prohibited. • The ordinance/resolution should reference the statutory basis, law or authority there is to do the background check. • The ordinance/resolution must not be overly broad in its scope and must identify the specific category of applicants subject to the background check. • The ordinance/resolution must not be against public law or policy. • The ordinance/resolution must expressly, or by implication, authorize use of CCH records for the screening of the applicant. • The ordinance/resolution must require the signed consent of the applicant. • The ordinance/resolution must include the grounds and reasons in determining denial. • The ordinance/resolution must require the notification to the applicant of the reasons for the denial. • The data shall not be released to anyone other than the agency authorized. • After a city ordinance or county resolution is adopted, access shall be limited to MN CCH public data only. Access to III for these purposes is prohibited. • The ordinance/resolution should acknowledge that questioned identity situations may occur and provide a provision to allow for fingerprint verification in cases where it is not clear if a record based on a name and date of birth search actually belongs to the person. 9K St. Anthony City Ordinance 11.30.03 (g) All solicitors are subject to a Minnesota Computerized Criminal History check, as authorized under Minnesota Statute 299C.46. All solicitors applying for registration shall sign a release authorizing the St. Anthony Police Department to complete the above check. The release shall be notarized or witnessed by a city employee. Any solicitor with a criminal background, deemed by the Chief of Police to be a public safety risk, will be denied permission to solicit and will be notified in writing of the reason for such denial. M 1130.03 Conditions for Registration. Registration with the City Clerk must occur at least five days prior to the date when the activity is to commence. Persons registering must file with the City Clerk an accurate swom registration statement on a form furnished by the City Clerk, giving the following information: (a) Name and physical description of the applicant. (b) Complete home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made. (c) A brief description of the nature of the business and the product or services involved. (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship. (e) The dates and hours of the day during which the activity will be carried on. (f) The source of supply of any goods or property proposed to be sold or orders taken for the sale thereof, where such goods or products are located at the time registration is filed and the proposed method of delivery. 0 I (g) A statement as to whether or not the registrant has been convicted of any crime, 1e� ��� misdemeanor or violation of any crime, misdemeanor or violation of any municipal ordinance of any municipality other than traffic violations, the nature of the offense and the punishment or penalty assessed. GA ctu" n�5 (h) The last municipalities, not to exceed five, where the applicant carried on business immediately preceding the date of the application and the address from which such business was conducted in those municipalities. (i) Written statement of permission from fee owner of property where transient sales are to be held. 1130.04 Exemptions. This Section does not apply to persons engaged in the following activities: (a) _ Selling personal property at wholesale to dealers in such property. (b) Selling solely literature. (c) Selling products of the farm or garden on the property on which the products are grown and cultivated. A person claiming this exemption must submit a written affidavit indicating that the products to be sold were grown on property where the sales are occurring. 11-7 CITY OF ST. ANTHONY ORDINANCE 2005-007 AN ORDINANCE TO AMEND THE SECTION 1130.03 CONDITIONS FOR REGISTRATION: SUBSECTION G; SHALL READ AS FOLLOWS: 1130.03 Subsection G: All solicitors are subject to a Minnesota Computerized Criminal History check, as authorized under Minnesota Statue 299C.46. All solicitors applying .for registration shall sign a release authorizing the St. Anthony Police Department to complete the above check. The release shall be notarized or witnessed by a city employee. Any solicitor with a criminal background, deemed by the Chief of Police to be a public safety risk, will be denied permission to solicit and will be notified in writing of the reason for such denial. First Reading: Waived Second Reading: Waived Adopted: June 14, 2005 Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin June 21, 2005 M & Associates, Inc. Infrastructure 1 Engineering 1 Planning 1 Construction May 24, 2005 Honorable Mayor and City Council c/o Michael Mornson City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony Village, MN 55418 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Re: Minnesota Department of Transportation Contracts for 39`x' Avenue Phase III Improvements City of St. Anthony Village, MN WSB Project No. 1626-01 Dear Mayor and City Council: Attached, please find a Resolution appointing the Commissioner of Transportation as Agent of the City of St. Anthony Village to accept Federal Aid Funds for the 39"' Avenue Improvement Project Also attached, is a copy of the contract between the State of Minnesota, Department of Transportation, and St. Anthony Village for the Federal participation and construction engineering for this project. This contract and the attached resolution are necessary steps in receiving the $750,000 of Federal Funds for the Northwest Quadrant Redevelopment Project. If you have any questions regarding these resolutions and contracts, I will be available at your June 14th, 2005 meeting, or you may call me at 763-287-7182. Sincerely, WSB & Associates, Inc. ice ---- Todd E. Humber, P.E. Project Manager cc: Jay Hartman, City of St. Anthony Village tsh/lh Minneapolis 1 St. Cloud Equal OppmtunityEmployer K.101626-011AdnriADUIiLTlt rrialnr-032405.r1oc CITY OF ST. ANTHONY VILLAGE RESOLUTION 05-052 A RESOLUTION appointing the Commissioner of Transportation as Agent of the City to accept Federal Aid Funds. BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of St. Anthony Village to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No88082 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted this day of , 2005. ATTEST: City Clerk Reviewed for administration: City Manager STATE OF MINNESOTA COUNTY OF I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of at a duly authorized meeting thereof held on the day of , 20 , as shown by the minutes of said meeting in my possession. Clerk Notary Public My Commission expires (SEAL) M Mn/DOT Agreement No. 8808$ STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF ST. ANTHONY VILLAGE FOR FEDERAL PARTICIPATION IN CONSTRUCTION ENGINEERING FOR S.P. 161-080-01; M.P. CA04 MN79(100) This agreement is entered into by. and between CITY OF ST. ANTHONY VILLAGE ("City") and the State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing a federal aid project to construct 39'x' Avenue from Stinson to 300' West of Silver Lake Road, hereinafter referred to as the "Construction Engineering"; and. The Construction Engineering is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 161-080-01, and in Federal Highway Administration ("FIIWA") records as Minnesota Project CA04 MN79(100); and Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. DESIGNATION. The City designates Mn/DOT to act as its agent to accept and disburse federal funds made available for the Project. B. ELIGIBILITY / COSTS. The estimated cost of the Construction Engineering is $56,432.16. 1. It is anticipated that 100% (up to $ 56,432.16) of the cost of the Construction Engineering will be paid from federal funds made available by the FFIWA. The ADreement no. 88082 City will pay any part of the cost or expense of the work that the FHWA does not J9 pay. 2. Any costs incurred by the City prior to authorization of the Federal Funds, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: a) The cost of construction engineering for the proposed project. b) The direct labor charges for City employees for the time that said employees are performing work pursuant to this agreement. Said labor charges may include the prorata share of "labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on work performed pursuant to this agreement, at rates reflective of the City actual cost. d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the City to employ outside forces to perform any or all of the work pursuant to this agreement, subject to the provisions of section T.D. SUBLETTING. 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of .Federal Regulations (CFR) 31 which is incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $ 56,432.16, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs: C. STAFFING. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supervise and Agreement no. 88082 -2- direct the work to be performed under any construction contract let for the 60 Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full-time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current Mn/DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co -principal with respect to the Project. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit proposals for construction engineering services after obtaining written notification from Mn/DOT that the FHWA has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the request for proposal, which will include all of the federal -aid provisions supplied by Mn/DOT. 3. The City will prepare and publish the proposal solicitation for the Project as required by state and federal laws. The solicitation will state where the City will receive the proposals. 4. The City may not include other work in the contract for the authorized Project without obtaining prior notification from Mn/DOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project. 5. The City will prepare and distribute any addendums, if needed. Agreement no. 88032 -3- 6. The City will receive open, and evaluate proposals: 7. After the proposals are opened, the City governing 'body will consider the proposals and will award the contract as required by state and federal laws, or reject all proposals. If the proposal contains a goal for Disadvantaged Business Enterprises, the City will not award the contract until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office. 8. This written consent will in no way relieve the City from its primary responsibility for performance of the work. Subcontractor agreements must contain all appropriate terms and conditions of this agreement. E. CONTRACT ADMINISTRATION. 1. The City will request approval from Mn/DOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City will prepare reports, keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City. The City will retain all records and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. F. PAYMENTS. 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify the amount of each partial estimate. 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive may be applied to total labor dollars, not including overtime labor dollars. Agreement no. 88082 -4- Al M (c) The equipment charges must be broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges. (d) A detailed breakdown of outside services used and supporting invoices and documentation that costs of outside services have been paid. (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (f) The invoices will include 100% of eligible charges applicable to the Construction Engineering so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification, by the Project Engineer, of the final estimate, the City may request reimbursement' for costs eligible for federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs, but limited to eligible items. G. LIMITATIONS. 1, The City must comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected_ to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 20004). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. Agreement no. H052 -5- 3. Workers' Compensation. Any and all employees of the City or other persons 63 while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub -contractor. F. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. G. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. H. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Project work. The City acknowledges that Mn/DOT is acting only as the City's agent for receipt and disbursement of federal funds, and not as a principal or co -principal with respect to the Project. In all events, the City will indemnify Mn/DOT and hold Mn/DOT harmless from any claims arising out of the Project. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTIVITIES. 1. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the required Federal -aid clauses to be included in the proposal solicitation and will provide the required Federal - aid provisions to be included in the Proposal. 3. Mn/DOT will review and certify the DBE participation and notify the City Agreement no. 48082 -6- when certification is complete. C. PAYMENTS. 1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will review and certify each partial pay request. Following certification of the partial estimate, Mn/DOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement. Mn/DOT will review and certify the final payment request with a final audit. 4. No more than 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by Mn/DOT's authorized representative. 5. In the event Mn/DOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able to process the federal aid reimbursement requests. D. AUTHORPl'Y. Mn/DOT may withhold federal funds, if Mn/DOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative is Jay Hartman, Director of Public Works,St. Anthony Village, 3301 Silver Lake Road NE, St. Anthony Village, MN 55418, or his successor. B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651.282.6479, or her successor. Agreement no. 88082 -7- mo IN WITNESS WHEREOF, the parries have caused this Agreement to be duly executed intending to be bound thereby. S"TATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as reouiredw Mie Kotat. H 16A.15 and 16C.05. By: i Dix,: 6, � era> CFMS Contract No. A - CITY City certifies that the appropriate person(s) have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter provisions By: By: DEPARTMEN'r OF TRANSPORTATION By: Title: Director,_ State Aid for Local Transportation Date: COMMISSIONER OF ADMINISTRATION By: Agreement no. 88082 -9- mm 65 IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. Agreement no. U082 -8- HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY June 14, 2005 Call to Order. Roll Call. I. Approval of June 14, 2005, H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve May 10, 2005, H.R.A. Minutes. (pp. 1-2) B. Claims. (p.3) III. Public Hearings. IV. General Policy of Business of the H.R.A. A. Resolution 05-007; Approving Housing and Redevelopment Authority 2004 Audit. (pp. 4-12) B. Resolution 05-008; Authorizing interfund loan for advance of certain costs in connection with Tax Increment Financing District No. 3-5. (pp. 13-15) V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. F:ICouncil Meetings1061420054IRA Agenda.dac 3 5 6 7 8 9 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING MAY 10, 2005 CALL TO ORDER. Chair Faust called the meeting to order at 9:00 p.m. ROLL CALL. Commissioners present: 10 Commissioners absent: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Chair Faust; Commissioners Gray, Horst, Stille, and Thuesen. None. Also present: Executive Director Michael Morrison. L APPROVAL OF MAY 10, 2005 H.R.A. AGENDA. Motion by Commissioner Gray, seconded by Commissioner Horst, to approve the May 10, 2005 Housing and Redevelopment Authority Agenda as presented. Motion carried unanimously. H. CONSENT AGENDA. Motion by Commissioner Thuesen, seconded by Commissioner Horst, to approve the Consent Agenda, which consisted of: A. H.R.A. Meeting Minutes of Aril 12, 2005; and B. Claims. Motion carried unanimously. III. PUBLIC HEARINGS. None. IV. GENERAL POLICY BUSINESS OF THE H.R.A. A. H.R.A. Resolution 05-006, re: De -Certifying Hellickson TIF District. Executive Director Michael Morrison explained this Resolution was discussed in a previous work session. In 1993 the St. Anthony HRA established a Tax Increment Financing District in connection with the development of the Hellickson Dental Building on Silver Lake Road. The HRA issued a pay-as-you-go TIF Note to Dr. Hellickson pursuant to which the HRA was required to pay available tax increment from the TIF District to reimburse certain public redevelopment costs of the development of the dental building. The HRA's obligation is currently done. There are three districts left including the Chandler District, the Cub District, and the Silver Lake Village District. Motion by Commissioner Stille, seconded by Commissioner Gray, to adopt H.R.A. Resolution 05-006, re: A Resolution Approving the Decertification of the Hellickson Dental Tax Increment Financing District 1-H of the City of St. Anthony. Motion carried unanimously. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Housing and Redevelopment Authority Meeting Minutes May 10, 2005 Page 2 V. STAFF REPORTS. None. VI. A.R.A. COMMISSIONER COMMENTS. None. VII. INFORMATION AND ANNOUNCEMENTS. None. VIII. ADJOURNMENT. Chair Faust adjourned the meeting at 9:05 p.m. Respectfully submitted, Chris Molcsnes TimeSaver Off Site Secretarial, Inc. Motion carried unanimously. P1 E ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE 05/17/2005 12: Check Register GL540R-V06.60 PAGE 1 BANK VENDOR CHECK# DATE AMOUNT HRA1 HOUSING & REDEV CHECKING 007157 BROCK WHITE COMPANY, LLC 5793 05/25/05 227.51 009031 CONWORTH, INC. $794 05/25/05 300.00 008698 EHLERS & ASSOCIATES, INC $795 05/25/05 6,562.50 008647 FRATTALLONE'S HARDWARE 5796 05/25/05 8.50 001250 GRA INGER INC/W W 5797 05/25/05 61.20 .00001 GRAZZINI BROTHERS & CO 5798 05/25/05 51671.50 008252 HOME DEPOT CREDIT SERVIC 5799 05/25/05 40.49 002160 MARSHALL CONCRETE PROD 5800 05/25/05 8,072.36 002280 MIDWEST ASPHALT CORP 5801 05/25/05 92.01 008462 RAMSEY COUNTY 5802 05/25/05 2,982.61 .00001 REBARFAB INC 5803 05/25/05 ...1,351.50 *** 009054 TWIN CITY ACOUSTICS,INC 5804 05/25/05 243.25 008561 UNITED RENTALS COMPANY 5805 05/25/05 967.71 009008 UNITED STATES MECHANICAL 5806 05/25/05 10,610,05 009013 VIKING AUTOMATIC SPRINKL 5807 05/25/05 1,897..951 HOUSING & REDEV CHECKING 39,089.14' *** ACS FINANCIAL SYSTEM ST, ANTHONY VILLAGE 06/06/2005 13: Check Register GI,540R-V06.70 PAGE 1 BANK VENDOR CHR CKO DATE AMOUNT HRA1 HOUSING & REDEV CHECKING 009184 ADVANTAGE SIGNS & GRAPEI 5808 06/15/05 1,094.19 .00003 C & H SPORT SURFACES 5809 06/15/05 10,700.00 .00001 COLUMBIA WINDOW TINT & G 5610 06/15/05 924.00 008486 CONSTRUCTION BULLETIN MA 5811 06/15/05 852.44 000820 DORSEY & WHITNEY 5812 06/15/05 4,224.15 .00002 FINLEY BROS INC 5813 06/15/05 4,090.00 005294 NORSK CONCRETE CONST 5014 06/15/05 17,888.00 008961 OERTEL ARCHITECTS 5015 06/15/05 4,309.94 008839 SECOND NATURE LAWN AND 5816 06/15/05 1,715.00 008273 WSB & ASSOCIATES, INC. 5817 06/15/05 11,851.74 HOUSING & REDEV CHECKING 57,649.46 *** w A I 1 I I � r r I r r 1 ' r II ll I r ' yi Ahr )4it Ait A xIt Ai. %1 X, 1{ OF, A F, Ii F, A F. A it. Ir F. Ow 0 Ll Zww cD• I H I x x N W ul 4 Vii .p cam, p tJ1 -•1 ,, I H I x x I -- - - - - - - - -- - - 7. I Y, J n �+ • �a J t c� c� o tv m 09 ca W VA - - i ------------ 0 0 n • i i Mid 0 0 CD r --r CD O CD CD n cn C/D CD m 0 0 CD �71 C CD CDCL m I 7ow,� O O O O oil 2z;t I 7ow,� of w 0 �a M. L W W 0 ft CA ft Itz ZA MEOW Ow • m m ro 0 0-9 W 0 .7% 0 0 IF, It NO 0 HOUSING AND REDEVELOPMENT AUTHORITY CITY OF ST. ANTHONY RESOLUTION 05-007 A RESOLUTION APPROVING THE AUDIT OF THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY FOR THE YEAR ENDED DECEMBER 31, 2004 WHEREAS, an audit of the St. Anthony Housing and Redevelopment Authority general purpose financial statements for the year 2004 was presented by Stuart J. Bonniwell, Certified Public Accountant; and WHEREAS, the audit was presented to the H.R.A. at a regular meeting on June 14, 2005. NOW, THEREFORE, BE IT RESOLVED that the St. Anthony Housing and Redevelopment Authority hereby approves the 2004 City of St. Anthony Housing and Redevelopment Authority audit, as submitted by Stuart J. Bonniwell, CPA. Adopted this 14th day of June, 2005. Reviewed for Administration: Chair Executive Director UK EHLERS 13 & ASSOCIATES INC Over the past year and in future years, the HRA will expend funds for various administrative costs in TIF District 3-5. These funds have typically been advanced to the District from the HRA Fund and will most likely be advanced from this source in the future. The reason for the advancement to this District is that the first increments (cash) generated in the District will not occur until 2006. Attached is a "blanket" resolution authorizing an interftmd loan of up to $200,000 to TIF 3-5 to pay for these costs. The reason for this blanket interfund loan resolution is so the HRA will not have to complete an interfund loan every time it is going to expend administrative costs in this district. As with other interfund loans, the HRA will reimburse itself for the above referenced costs (as they are advanced) in the current principal amount, together with interest at the rate of 4% per annum. The interest rate is set at the statutory maximum and will be adjusted annually on January I't of each calendar year. Payments will be made with available tax increment on February 1 and August 1 of each year. Please contact me at 651-697-8506 with any questions. cc: Jerry Gilligan Dorsey & Whitney File LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8506 Fax 651-697-8555 Roseville, MN 55113-1105 skvilvang@ehlers-inc.com To: Mike Morrison -- City Manager O Roger Larson -- Finance Director From: Stacie Kvilvang -- Ehlers and Associates WDate: June 14, 2005 Subject: Interfund Loan — TIF District 3-5 (Apache Redevelopment) Over the past year and in future years, the HRA will expend funds for various administrative costs in TIF District 3-5. These funds have typically been advanced to the District from the HRA Fund and will most likely be advanced from this source in the future. The reason for the advancement to this District is that the first increments (cash) generated in the District will not occur until 2006. Attached is a "blanket" resolution authorizing an interftmd loan of up to $200,000 to TIF 3-5 to pay for these costs. The reason for this blanket interfund loan resolution is so the HRA will not have to complete an interfund loan every time it is going to expend administrative costs in this district. As with other interfund loans, the HRA will reimburse itself for the above referenced costs (as they are advanced) in the current principal amount, together with interest at the rate of 4% per annum. The interest rate is set at the statutory maximum and will be adjusted annually on January I't of each calendar year. Payments will be made with available tax increment on February 1 and August 1 of each year. Please contact me at 651-697-8506 with any questions. cc: Jerry Gilligan Dorsey & Whitney File LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 651-697-8506 Fax 651-697-8555 Roseville, MN 55113-1105 skvilvang@ehlers-inc.com IV HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF ST. ANTHONY RESOLUTION NO. 05-008 AUTHORIZING INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 3-5 BE IT RESOLVED By the Board Of Commissioners of the Housing and Redevelopment Authority of the City of St. Anthony, Minnesota (the "Authority") as follows: Section 1. Back ound. 1.01. The Authority has established tax increment financing district no. 3-5 (the "TIF District') within the Redevelopment Project No. 3 (the "HRA Project') all pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the `°TIF Act') and Sections 469.001 to 469.047 (the "HRA Act'). 1.02. The Authority may incur certain costs related to the TIF District, which costs may be financed on a temporary basis from available Authority funds. 1.03. Under Section 469.178, Subdivision 7 of the `ITF Act, the Authority is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. 1.04. The Authority intends to advance funds from various sources to pay administrative costs related to the TIF District, and now proposes to designate such advances as an interfund loan in accordance with the terms of this resolution and the TIF Act. Section 2. Repayment of Interfund Loan. 2.01. The Authority may advance from time to time, and from any available funds, moneys to pay administrative costs related to the TIF District, in a principal amount up to $200,000. The Authority will reimburse itself for such advances together with interest at the rate of 4% per annum (the "Interfund Loan"). Interest accrues on the principal amount from the date of each advance. The interest rate is no more than the greatest of the rate specified under Minnesota Statutes, Section 270.75 and Section 549.09, both in effect for calendar year 2005. The interest rate will, without further action by the Authority, be adjusted on January 1 of each year to reflect the greater of the rate specified under Minnesota Statutes, Section 270.75 and Section 549.09 in effect for that calendar year. 2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the Executive Director of the Authority, through the date of last receipt of tax increment from the TIP District. 2.03. Payments on the Interfund Loan will be made solely from Available Tax Increment, defined as tax increment from the TIF District received by the City from Ramsey County in the six-month period before any Payment Date and not otherwise pledged to other bonds, notes or obligations. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the Closing Date will be compounded semiannually on February 1 and August 1 of each year and added to principal until the first Payment Date, unless otherwise specified by the Executive Director of the Authority. W 2.04. The principal sum and all accrued interest payable Linder this resolution is pre -payable in whole or in part at any time by the Authority without premium or penalty. 2.05. This resolution is evidence of an internal borrowing by the Authority in accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority and the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment. The Authority shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The Authority may at any time make a determination to forgive the outstanding principal amount and accrued interest on the Interfund Loan to the extent permissible under law. 2.07. The Authority may from time to time amend the terms of this Resolution to the extent permitted by law, including without limitation amendment to the payment schedule and the interest rate; provided that the interest rate may not be increased above the maximum specified in Section 469.178. solid. 7 of the TIl^ Act. Section 3. Effective Date. This resolution is effective upon approval. Adopted this day of _ 2005 Chair ATTEST: Executive Director Monthly Planner Printed by Calendar Creator for Windows on 6/9/2005 1 2 3 4 May 2005 Sat 2005 S M T W T P S S M T W T t: S Bus Tour of City 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 16 17 IS 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 7:00 pin Parks 7:00 pm Council Commission Meeting Meeting 19 20 21 22 23 24 25 7:00 pm Planning Commission Meeting 26 27 28 29 30 7:00 pm Council Meeting Printed by Calendar Creator for Windows on 6/9/2005 Jun 2005 S 'vl 3' w r r s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 2005 Monthly Planner Aug 2005 s M 'r W T P s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7:00 pin Parks 7:00 pm Council Commission Meeting Meeting 17 18 19 20 21 22 23 7:00 pin Planning Commission Meeting 24 25 26 27 28 29 30 7:00 pm Council Meeting 31 Pnntea oy calenaar creator tar vvinaows en oroiIuuo FUTURE COUNCIL AGENDA ITEMS Updated June 8, 2005 Meeting Date Meeting Type Staff Items/Issues June 28 Regular Planning Planning Commission issues of June 21 Ehlers Developer Agreement for Phase II; Silver Lake Village Amendment to Solicitor's Ordinance - 2nd Reading Amendment to Dog Ordinance - 3rd Reading & Adoption Police Dept. 2004 Annual Police Report Engineer Award bid for Shamrock Holding Pond Award Bid Phase II of 39th Avenue Award bid for Flashing Beacon Authorize WSB to start feasibilty report for 2006 Street Reconstruction July 12 Regular Amendment to Solicitor's Ordinance - 3rd Reading & Adoption July 26 Regular Planning Planning Commission items from July 19, 2005 Engineer Updates from WSB on Several issues. Public Hearing on Wellhead Protection Program August 2 Work Session All Staff Wireless Internet Discusssion 2006 Budget Other City Goals Augusts Regular August 23 Regular Planning Planning Commission items from August 16, 2005 2005 To Do List From Goal Setting Item Responsible Person Date City Council Ordinance MM Completed Planning Commission Ordinance MM Completed Park Commission Ordinance MM Completed Survey MM Completed Donation Policy KMS Completed Electronic Water Meter Reading JH June 2 Code Enforcement Report JM Completed I & I Update T. Hubmer June 2 Financial Plan on '06 Budget MM/RL Completed Historical Records KMS Completed Wireless Internet KMS June 2 Park Commission Communication RS/JH Completed Wine In Grocer /Store Hours ML Monitor Printing Bids ML/KMS/BS Monitor Tour of City Redevelopment MM Completed Villa efest Funding Ideas RS Completed Report from Kathy Knapp MM Completed Code Updates Planning Commission On -Goin Senior Aging Council BT On -Goin Gateway Monument JH March 14 2005 GOALS Silver Lake Road City Hall Upgrades Sidewalk Street/Landscaping Plan Silver Lake Village Phase II Report on Value of Services | e m( WA f o l o E ® ) > -2& 0 ±f>J \ - \\ 0 ooe4 & } \ ! = \ / : )®) : ƒ« > 0 )° ® \x ( �\ ( _ § _ 0 ° ` co > } z cn \ | e m( WA � ; // o \ \\ \ / 000 0 00 ;\> p 61 70 coo 00 1 ID0 coo 00 � ; // o X - - W nD O 3N p N T ( (D p N < o 3 O N a CD w m m v o (D a E eco J J N a A �. N lig N N W (D c D -� N N (fl (D (O O (DO. 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