Loading...
HomeMy WebLinkAboutCC PACKET 10251988 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100620 BOX: SH Folder: CC PACKETS 1987-1989 Document: CC PACKET 10251988 H.R.A. IMMEDIATELY FOLLOWING _ REGULAR COUNCIL MEETING. C S TY O P S T _ ANTHONY • C STY C OUN C S L AGENDA O C TOB ER 2 5 , 1 9 8 8 7 = 30 P _ M _ C S TY C OUN C S L C HAMB E R S A. Call to Order/Pledge of Allegiance. B. Roll Call . C. Approval of October 11 , 1988 Council Minutes . D. Licenses/Permits/Petitions- E. Presentation of Claims. 1 . Verified. 2 . Crysteel - $8 , 616 . 00 . 3 . Calgon Corporation - $3 , 240 .00 . 4 . Rieke Carroll Muller - $1 , 202 . 02 . 5. Metropolitan Waste Control Commission - $26 ,082 .04 . • F. Reports . 1 . Planning Commission October 18 , 1988 Minutes. a. Evergreen Townhomes, Preliminary Plat approval . b. Minnesota Scientific, request for extension of conditional use permit at 3839 Chandler Drive. C. Salvation Army, Design Review. Requested Public Appearance, re: Charitable Gambling. 2 . Council. 3 . Departments and Committees. a. Hance & LeVahn, re: matters conducted at the Hennepin County District Court up to and including October 5, 1988 . b. Chem Council September 20 , 1988 Meeting Minutes. 4 . City Manager. a. Staff Meeting Notes - October 18 , 1988. G. Public Hearings . • -2- • H. New Business. 1. Appointment of Jeff Shea to Urban Hennepin County Citi- zens Advisory Committee. 2. Resolution 88-043, re: establishing a fund for the Community Center. 3. Resolution 88-044, re: proposed assessment for St. Anthony Boulevard. 4. Regarding T.C.A.A.P Lawsuit. I. Unfinished Business. 1. Ordinance 1988-010, re: Mayor and Councilmembers salaries. J. Adjournment, . • • C=TY O F S T _ ANTHONY • C 2 TY COUN C 2 L M 2 MUTE S OCTOBER 1 1 , 1 9 8 8 1 The meeting was called to order at 7:30 P.M. by Mayor Pro Tem Ranallo. 2 ROLL CALL 3 Present for roll call: Marks, Ranallo, Enrooth, Makowske. 4 Absent: Sundland. 5 Also present: David Childs, City Manager 6 Sue VanderHeyden, Assistant to the City Manager 7 SEPTEMBER A , 1988 COUNCIL MINUTES 8 Motion by Marks, seconded by Enrooth to approve with the following 9 changes: 10 Page 5, line 17: Substitute "by" for "be" after "added to". it Page 8, line 25: Substitute "by" for "be" after "soon". 12 Page 12, line 33: Delete-"after the meeting" . 13 Page 13 , line 44: Substitute "New" for "Prospective" before 14 "Residents". 0 Page 14, line 6: Substitute "new" for "prospective" before "residents" . 17 Page 14, line 10: Delete "thinking of" after "they're". 18 Page 14, line 11: Substitute "information" for "booklet". 19 Page 14, line 12: Substitute "developing" for "development" . 20 Page 14, line 40: Substitute "E" for "A" in. "D.A.R.E. ". 21 Page 16, line 20: Add "including changes in wording as recom- 22 mended by the City Attorney." 23 Page 16, line 31: Substitute "POLICY" for "POLICE" , . 24 Motion carried unanimously. 25 LICENSESfPERMITSZPETITIONS 26 Motion by Marks, seconded by Enrooth to grant the following licenses as 27 listed in the October 11, 1988 Council agenda packet. 28 Heating 29 Air Mechanical Inc. , Coon Rapids 30 Blaine Heating, Air Conditioning, and Electric, Anoka 31 Rouse Mechanical Inc. , Minnetonka 32 Contractors Aqua Mates, New Richmond, WI -2- 1 Gurtek Construction, Inc. , New Brighton 2 Porch Masters Inc. , Coon Rapids 3 S & S Tree Specialists, Inc. , Inver Grove Heights • 4 Motor Vehicle Starting 5 Dick's St. Anthony 66 Service, 2600 Kenzie Terrace 6 - Notion carried unanimously. 7 Pull Tabs Discussion Tabled Until Council's October 25th Meeting 8 In his October 7th memorandum, the City Manager had reported that a 9 group of service organizations in St. Anthony had formed a coalition 10 to operate charitable pull tab games in the City's two on-sale 11 establishments which they had requested they be allowed to discuss with 12 the Council that evening. However, upon learning that the Mayor would 13 not be present, the coalition spokesman who is a member of the Sports 14 Boosters asked that the meeting be deferred to an evening when the full 15 Council would be present. The discussions were then tabled until the 16 Council's next meeting. 17 CLAIMS 18 Motion by Marks, seconded by Makowske to approve payment of all City 19 accounts payable for September 27 and 30, 1988 in the October 11th 20 agenda packet as well as all- City accounts payable -listed for October 21 11th which had been distributed prior to the meeting. 22 Notion carried unanimously. I 23 Councilmember Makowske asked the City Manager to find out why there had 24 been a $345.00 discount taken from the Stuart J. Bonniwell's billing 25 for $685.00 additional auditing services in conjunction with the 1987 26 financial report. 27 Motion by Enrooth, seconded by Ranallo to approve payments of-$2,200.00; 28 $855.00; and $685.00 to Stuart J. Bonniwell, CPA, for professional 29 services in conjunction with the preparation of the financial report for 30 St. Anthony for the year ending December 31, 1987 in accordance with 31 the billing statements in the October 11th Council agenda packet. 32 Motion carried unanimously. 33 Prior to payment approval for the City Attorney's services during 34 August, Mr. Childs advised that the Parkview building essentially 35 belonged to the City right now but was waiting for the school district 36 to provide the document changing its name to the St. Anthony/New 37 ,Brighton District #282 which was needed before clear title to the 38 building can be given. 39 Motion by Marks, seconded by Makowske to approve payment of $875.00 to 40 the Dorsey & Whitney law firm for legal services during August, 1988. -3- 1 Motion carried unanimously. Motion by Marks, seconded by Makowske to approve payment of $10,255.10 to the Briggs and Morgan law firm for legal services during August, 4 1988 relative to the City's lawsuit against the U.S.. Army et al in 5 conjunction with St. Anthony's water contamination problems. 6 Motion carried unanimously. 7 Councilmember Enrooth indicated he thought $4,141. 35 for soil testing 8 in conjunction with the signalized pedestrian crossing on Kenzie 9 Terrace was quite high and recommended tabling payment to Braun 10 Engineering Testing until staff had contacted the testing company for it additional information related to that charge. 12 Motion by Marks, seconded by Makowske to table action on the $4 ,852.60 13 bill from Braun Engineering Testing for further information related to 14 their soil testing charge on the Kenzie Terrace project. 15 Motion carried unanimously. 16 Motion by Enrooth, seconded by Marks to approve payment of $4,926.13 to 17 Short-Elliott-Hendrickson, Inc. for engineering services from July 20 18 to August 20, 1988 on the Foss Road Lift Station and Meter Project. 19 Motion carried unanimously. 20 Motion by Makowske, seconded by Ranallo to approve the final payment 0 of $500.00 to Collins Electric for the signalized pedestrian crossing on Kenzie Terrace. 23 Motion carried unanimously. 24 Mr. Childs had distributed copies of a revised. bill from the Fullerton 25 Lumber_ Company which indicated the final payment for contracting 26 services on the Stonehouse liquor warehouse addition would be $2,475.00 27 and not the $9,453.00 listed in the agenda. He explained that the 28 City would be doing $100.00 of the $2,575.00 work which remained but had 29 now been completed on this project. 30 Motion by Enrooth, seconded by Marks to approve payment of $2,475.00 to 31 Fullerton .Lumber Company. 32 Motion carried unanimously. 33 REPORTS 34 COUNCIL 35 City to Pay, $500.00 Towards Computer Tax Analysis for the 1989 36 Lggislative Session 37 Mayor Pro Tem Ranallo gave the following insight into the September 21st request from the Association of Metropolitan Municipalities for a -4- I 1 voluntary contribution based on municipal size towards the Minnesota 2 League of Cities computer analysis project: 3 *the project had originally been initiated by a small coalition of • 4 cities to compile tax data in anticipation of property tax reform 5 legislation proposed several years ago; 6 *Briggs and Morgan developed the first computerized analysis of that 7 information which the law firm is now willing to sell to the LMC and 8 AMM, who intend to update that analysis so their memberships will be 9 able to react knowledgeably to the anticipated 1989 legislative action 10 to retain the Homestead Credit principals in 1990; it *the AMM perceives the $185,000 project would primarily benefit the 12 suburban communities who it appears would be at the greatest risk if the 13 - Homestead Credit is changed for the aid type program scheduled to go 14 into effect in 1990. 15 Mayor Pro Tem Ranallo said he had personally pushed for a $10,000 16 donation from the League of Minnesota Cities towards the project. 17 Mr. Childs said the tax formula the cities have to use is so complicated 18 and so dependent on what other governmental entities do that it would 19 be almost impossible for any small city to ascertain just exactly what 20 effect the loss of the Homestead Credit in favor of an aid program 21 might have on its budget or its residents' taxes without some sort of 22 computer program. 23 Both the City Manager and the Mayor Pro Tem indicated there was no 24 assurance that the $185,000 being sought now would cover all the project 25 costs. 26 Councilmember Marks reported the latest Minnesota League magazine had 27 drawn tax comparisons between various communities and he had noted that 28 St. Anthony, which has almost the same population as Savage, had a much 29 larger tax liability than the other metropolitan suburb, which made him 30 perceive the necessity for having exact data on which to judge the 31 tax legislation and protest its inequities. 32 Council Action 33 Motion by Makowske, seconded by Marks to authorize the payment of 34 $500.00 towards the League of Minnesota Cities project to update 35 computer tax analysis data and develop information which would allow 36 the cities to react and participate knowledgeably in the tax reforms 37 proposed for the 1989 legislative session. 38 Motion carried unanimously. 39 Residents to be Encouraged to Take Leaves to Recycling Center 40 Councilmember Enrooth suggested an article in the Newsletter might 41 increase the use of the bins available for composting at the Center and • 42 help to reduce some of the garbage being hauled to the landfills: -5- 1 Public Works Department Projects Aimed Toward Greater Safety for Walkers Councilmember Marks commented that he perceived the striping of the 3 walkways in the Silver Lake Road and 29th Avenue intersection would do 4 much to provide the above for those leaving buses and other persons 5 walking along 29th. He then brought up two other areas where 6 conditions might be unsafe which he had mentioned at the last Council 7 meeting. Mr. Childs indicated he would again draw the Public Works 8 Director's attention to problems with the park steps and the .protruding 9 manhole cover the next morning. 10 Public Forum on Recycling Scheduled for Council's November 22nd Meeting 11 Mayor Pro Tem Ranallo reported he had been "inundated" with calls the 12 previous Wednesday and had four calls waiting for him at home when he 13 returned from a meeting Thursday evening. He said he had a hard time 14 figuring what had prompted the calls until he had gotten a copy of last 15 week's Bulletin where his comments about resident disinterest in the 16 recycling had been highlighted. The Councilmember said many of the 17 calls had not been "anti-recycling but were rather from residents who 18 were disturbed with the process which had been followed in choosing 19 Waste Management as the City's only hauler for recyclable materials. 20 Some indicated they perceived inadequate notice of the hearing had been 21 provided. 22 The Notice of the Public Hearing had been published in the Bulletin on 23 September 7, 1988 and the Bulletin newswriter, Larry Jones, indicated he had used his article which gave the hearing date as a reference for the article the previous week about which the Mayor Pro Tem was 26 speaking. 27 Because of the controversy, Mayor Pro Tem Ranallo indicated he "could 28 no longer be comfortable with going forward with the process without 29 first advertising for bids from waste haulers to do the City's recycling 30 and holding some sort of public forum where the residents would be 31 invited to voice any concerns they had. He said he was certain staff 32 had indicated during the September 27th hearing that the City would 33 be going out for bids during the 90 day waiting period, but now was 34 told that wouldn't be done. 35 Councilmember Enrooth who had served as the Council's liaison person 36 on the Recycling Task Force, responded by saying it was his 37 understanding of the Waste Management Act that the City had conformed 38 to those requirements by seeking proposals from Knutson, Super Cycle, 39 Reuters, and Waste Management, Inc. 40 Mr. Childs affirmed that state law allows cities to contract for solid 41 waste haulers without going for bids as long as there is a 90 day 42 interim between the adoption of the resolution after. a public hearing 43 indicating "the City's intent to organize the collection of solid 44 waste in the City and inviting the participation of interested persons 45 in planning and establishing the organized garbage collection. " He reiterated that the September 27th hearing had been held following five tJ -6- 1 meetings of the Recycling Task Force which had considered all the 2 proposals they had received from garbage haulers to do the recycling 3 and concluded Waste Management would probably do the best job for St. • 4 Anthony. 5 Councilmember Enrooth said that he perceived the Task Force had actually 6 received "specific bids" from these four vendors... He told the Mayor Pro 7 Tem that Waste Management had not only submitted "the cheapest bid" but 8 also had the most extensive services to provide; were the only bidder 9 who would return all recycling monies to the City; were the only 10 hauler who had a centralized depot available for weighing and 11 separating the materials, which is mandatory; and were the only ones who 12 would provide "free of charge" the necessary containers for both garbage 13 and recyclable materials. 14 He said "no one else met the Task Force criteria or even came close to 15 providing the service the Committee perceived was necessary to meet the 16 Metropolitan Council and County mandates. The Councilmember said the 17 fact that Waste Management already hauls between 60% and 70% of the 18 City's garbage now, was really a minor factor in the Task Force's 19 decision, which was primarily based on the type of service the hauler 20 could provide towards "total recycling with the least amount of trucks 21 on the City streets. " Councilmember Enrooth reported only two 22 companies, Waste Management and Knutson had been really serious 23 bidders. He explained that Super Cycle is strictly a recycler who can't 24 handle other types of waste. Reuters had submitted a "late bid" and 25 although their bid was competitive, it was not considered viable because 26 their capacity is limited to half of what they might handle by • 27 Hennepin County and the Metropolitan Council. 28 Mayor Pro Tem Ranallo indicated residents who had called him. had raised 29 the question of whether Waste Management's bid had been the lowest 30 submitted, and wanted to know specifically what they would have to pay 31 for the service; how long those charges would remain unchanged; and 32 whether they would have to haul the containers down to the curb. 33 Councilmember Enrooth reminded him that all those issues would be 34 addressed at the end of the 90 day waiting period when a contract with 35 whichever hauler is finally selected is negotiated to be approved by the 36 Council. Mr. Childs indicated one of the points which would have to be 37 negotiated would be whether the billing would be handled by the waste 38 hauler or inhouse by City staff. He said he would also guess the 39 contract would contain specifics like the rates, dates of pickup, 40 duration of the contract, and the amount of the contract. Councilmember 41 Enrooth indicated he perceived that the service would be too expensive 42 if the residents mandated that the hauler had to haul the containers 43 down to the curb as some have said Woodlake now does. He also pointed 44 out that there would no longer be garbage cans involved but rather, each 45 residence would be provided with a container on wheels for waste which 46 cannot be recycled and a container for recyclables. He said the 47 alternate proposal open to the City, which would be much more costly, 48 would be to continue with garbage cans which would eliminate automated 49 pickup of garbage and involve more time and handling by the haulers and 50 higher tipping charges at the incinerator. 1 Mr. Childs wondered if an arrangement could be made with Waste Management to make special collections of garbage from those residents who indicate they are unable to place the containers at curbside but 4 he was certain the rates charged those users would necessarily be much 5 higher. 6 Councilmember Enrooth responded to Mayor Pro Tem Ranallo's reports of 7 rumors that "Councilmembers were getting free garbage hauling from Waste 8 Management" by saying none of these claims had been repeated to any of 9 the other Councilmembers as far as he knew. He said he had gotten no 10 calls or had any questions raised about recycling himself 'in spite of 11 reams of minutes of Task Force and Council meetings; the fact that ten 12 Task Force members were going all over the Village attempting to talk 13 to any resident they could about the issue and there had.been articles 14 in both the Bulletin and the Newsletter over the months the Task Force 15 has—been working on and talking to vendors about a plan. 16 Councilmember Marks indicated he perceived this was just another 17 incidence of "difficulty in communicating with the public" which the 18 City officials have experienced year after year without finding a 19 solution. He said he didn't think the City could rely only on the 20 press to get the message across but perceived the notice in the 21 Newsletter, which is going out with the water and sewer billing next 22 week, might reach some of the residents who apparently are missing the 23 articles which have been appearing in the Bulletin. He suggested that 24 article could enumerate the reasons the Task Force had for recommending 25 Waste Management do the recycling and might even generate more response when residents realize there is a 90 day waiting period for them to express their concerns to staff or Councilmembers. 28 Mr. Childs added that the City Hall staff had received only two calls 29 so far, one which asked, for more information on the issue, but 30 indicated no strong feeling either way, and the other from a resident 31 who protested having to haul trash out to the street and said there 32 wasn't room in her garage to store waste containers. 33 When Mayor Pro Tem Ranallo indicated he wasn't comfortable about "not 34 advertising for bids and just assigning a hauler to do the City's 35 recycling" because he expected the same raise in these rates as had been 36 experienced by St. Anthony cable subscribers, Councilmember Enrooth 37 indicated he could see no comparison between the two because Congress 38 had removed any controls the City might have had over cable service 39 charges and St. Anthony was only one of 10 communities who granted 40 that franchise while only the City will be responsible for the recycling 41 contract.. He said Waste Management wanted a three to five year 42 contract, preferably five, which would contain a constant rate figure 43 to guaranty them a return on their investment in containerization and 44 a flexible charge to reflect what they have to pay Hennepin County to 45 dump the waste which can't be recycled. The Councilmember said the 46 County had already indicated they would be charging $75.00 per ton. He 47 also pointed out that the residents' charges would be based on how well 48 St. Anthony recycles because theoretically, if the City's waste is cut OP by 1/3, there should be no substantial increase in what residents are _g_ 1 paying now. But if the City continues to generate the same amount 2 of garbage it has been, their rates would rise substantially. He added 3 that all the trash haulers who had submitted proposals had verified that • 4 was what would happen no matter which service was selected by the 5 Council. 6 Councilmember Makowske suggested that because both residents and haulers 7 have been given a 90 day period to comment between the September 27th 8 hearing and the date when the Council can appoint a hauler to collect 9 recyclable materials, the later the Council held the public forum, the 10 more concrete information would be available on which to base a it decision. She said by the end of November the Council should have more 12 specific data related to rates which would be charged; what day 13 collections would be made; what the containers would look like; whether 14 they would have to be curbside; and what's to be done with grass 15 clippings and leaves. 16 Mayor Pro Tem Ranallo reiterated his concerns that without official 17 bids being taken, the Council would be opening itself to a lot of 18 criticism from the residents when their garbage bills start going up 19 to $20 or $25 a week. 20 Councilmember Enrooth reiterated that he perceived that would happen 21 only because the residents don't understand that all haulers would be 22 paying the same $75.00/ton to Hennepin County for each load they haul 23 to the incinerator which is going to raise their bills no matter who 24 takes care of the City's recyclable materials. The Councilmember said 25 he perceived it would be up to whoever takes such calls to clearly 26 explain the issues to the callers because as far as he could see, the • 27 City had done everything it could to inform the public about what was 28 going to happen through newspaper and City Newsletter articles and then 29- holding a public hearing on the Task Force's recommendations where the 30 format had attempted to present a clear explanation of the issues which 31 were involved and invited public comments and questions. He added that 32 he understood the Public Works Director had sought proposals from every 33 hauler who services the City now as well as any other companies who had 34 the capability to handle the whole community. Only four companies had 35 submitted bids and only two of these, Knutson and Waste Management, had 36 accepted the Task Force invitation to appear before them. Woodlake and 37 other haulers who were contacted were not big enough to handle the whole 38 City, were only set up to handle recyclable materials, or were not 39 interested. 40 Sue VanderHeyden agreed to add the public forum date to the Newsletter 41 article which invited residents to call the City offices if they have 42 any further questions or concerns about recycling or the process which 43 the City is following. 44 The Public Forum which is to be held during the Council's November 45 22nd meeting, would be advertised on the City's bulletin board, Cable 46 TV, and press releases to both` the Bulletin and the Northeaster, in 47 addition to the Newsletter. 48 DEPARTMENT AND COMMITTEE REPORTS -9- 1 The following in the agenda packet were ordered filed for future reference: 3 *September Fire Department report 4 *September Liquor Operations Sales Summary 5 *Hance & LeVahn report of cases they had prosecuted for the City 6 in the Hennepin County District Court up to and including 7 September 21, 1988 8 *August Police Department report 9 *The September Police Department report, which had been ds- 10 tributed before the meeting, was also filed. 11 Police Department Computerization Approved as Recommended 12 In his October 7th memorandum, Mr. Childs had reported the Police 13 Chief's recommendation that both the computer and the software which 14 were approved in the -1989 budget be ordered now. Because of impending 15 increases, it is recommended that the software be ordered now and be 16 delivered and paid for in January, 1989. The dollars are available 17 for part of the hardware to be purchased in 1988, also to beat a price 18 increase. The remaining hardware to include the printer would be 19 purchased in 1989 depending on staff's final decision about the printer 20 configuration. Copies of the bids were attached to the memorandum for 21 Council reference. 22 Council Action QMotion by Enrooth, seconded by Marks to authorize the purchase of the computer hardware through District #282 for $4,062 and to order the 25 $8,435 LEADERS software package, including the training and maintenance 26 contract from CPSI for delivery and payment in January, 1989, in 27 accordance with staff's recommendation reported in the City Manager's 28 October 7th memorandum. 29 Motion carried unanimously. 30 CITY MANAGER REPORTS 31 October 4, 1988 Staff Meeting Notes 32 The staff report was accepted without comment. 33 Council Authorizes Expenditure of Up to 51.400 for Community Center 34 Chairs 35 In his October 7th memorandum, Mr. Childs had explained that the School 36 District would be removing the chairs which they own in the Center now 37 that the City has acquired the Parkview building and had given the 38 prices quoted by the three companies from whom staff had taken bids for 39 their replacement. He recommended accepting the lowest bid of $1,202.02 40 from Surplus Office Supply contingent upon his personal inspection of 41 the equipment to assure its acceptability. -10 1 Council Action 2 Motion by Ranallo, seconded by Marks to authorize staff to spend up to 3 $1,400 for chairs for the SAV Community Center building. 4 Notion carried unanimously. 5 NEW BUSINESS 6 License Fees Established for City Alarm Users 7 Motion by Marks, seconded by Enrooth to adopt Resolution 88-041 with 8 the deletion of the word "annually" after $25.00, in the second 9 paragraph. 10 RESOLUTION 88-041 11 A RESOLUTION RELATING TO ALARM USER FEES 12 Motion carried unanimously. 13 $112,850.95 of St Anthony Boulevard Project to be Assessed Against Two 14 Benefited Property Owners. 15 Mr. Childs explained that the reconstruction of St. Anthony Boulevard 16 between the Burlington Northern Railroad Bridge and the south City limit 17 line had cost $227,700.11, of which the City would be paying $164,849.16 18 and $112,850.95 would be assessed to the two benefited property owners, • . 19 Gross Golf Course and Sunset Memorial Cemetery. In accordance with the 20 City's Assessment Policy, these property owners would be assessed for 21 only what it would cost to construct a residential 8 foot wide road 22 section of a 5 ton design and the cost of curb and gutter. 23 Council Action 24 Motion by Makowske, seconded by Marks to adopt Resolution 88-042. 25 RESOLUTION 88-042 26 A RESOLUTION DECLARING COST TO BE ASSESSED AND 27 ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL 28 Motion carried unanimously. 29 Ordinance Giving Mayor and Councilmembers Small Salary Increases in 30 December, 1989 Given First Reading 31 The copy of the proposed ordinance in the agenda packet indicated the 32 Mayor would be receiving a monthly salary of $375.00 and the other four 33 Councilmembers $250.00 starting December 1, 1989, after the 1989 34 General Election, as approved in the 1989 budget. 35 Council Action • -11- 1 Motion by Marks, seconded by Enrooth to approve the first reading of 2 Ordinance 1988-010. ORDINANCE 1988-010 4 AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER 5 SALARIES, AMENDING SECTION 125:00 OF THE 1973 6 CODE OF ORDINANCES BY ADDING A SECTION 7 Notion carried unanimously. 8 Judges List Approved for the November 8th General Election 9 Motion by Marks, seconded by Ranallo to approve the above as listed in 10 the City Clerk's October 4th memorandum. 11 Notion carried unanimously. 12 Bids Accepted to Install a New HeatingMntilationfAir Conditioning 13 System in the City Fire Station 14 In his October 7th memorandum, Mr. Childs had discussed the installation 15 of the above as part of the updating process for that building which 16 would be paid from the General Reserve Fund budget. Three companies had 17 bid on the project and copies of their bids were attached to the City 18 Manager's memorandum. The Council accepted staff's recommendation that 19 the lowest bidders be accepted for the project. is Council Action 21 Motion by Marks, seconded by Makowske to accept the following quotes for 22 a new heating/ventilation/air conditioning system for the City fire 23 station: 24 $7,200 from Arco for HVAC equipment; 25 $13,200 from Advanced Mechanical Contractors for 26 demolition/installation. -27 The Council further authorizes that not more than $2,500 be paid out for 28 the electrical work. 29 Notion carried unanimously. 30 UNFINISHED BUSINESS 31 Motion by Makowske, seconded by Enrooth to approve the third reading and 32 adopt Ordinance 1988-009. 33 ORDINANCE 1988-009 34 AN ORDINANCE REGARDING DEFERRED COMPENSATION AND 35 PAID HOLIDAYS FOR EMPLOYEES; AMENDING SECTION 135:15; 36 SUBD. 5 AND SECTION 135.39 - PERSONNEL OF THE 1973 CODE OF ORDINANCES -12- 1 Motion carried unanimously. 2 ADJOURNMENT 3 Motion by Marks, seconded by- Enrooth to adjourn the meeting at 8:45 4 P.M. for an Executive Session on the water pollution litigation which 5 followed immediately. 6 Motion carried unanimously. 7 Respectfully submitted, 8 Helen Crowe, Secretary 9 10 Mayor 11 ATTEST: 12 .City Clerk 13 • . aOil thon AMMIL U e DATE : October 20, 1988 APPROVAL : L TO : Mayor and Councilmembers l� FROM : Judy Monson, Receptionist/License Clerk XTrRM LICENSES/PERMITS--FOP. COUNCIL-�APPROVAL Heating: Advance Mechanical Contractors, Mpls. , MN. Dependable Heating & Air Conditioning Inc. , Coon Rapids, MN, Realistic Heating & Cooling In,c.., Blaine, MN. Contractors: Stennes Shade Tree, Inc. , New Brighton, MN. Tech. Builders Inc. ,, Fairmont, .MN. Four Seasons Construction Co. , Spring Lake Park, PST. Motor Vehicle Starting License: Sroga' s Automotive Service,, 3201 Stinson Blvd /r C I T Y O F S T A N T H 0 N Y L I 9 U n R P/E 10/11/88 A C C O U N T S P A Y A B L E PAGE 1 VENDOR NAME CHECK CHECK CHECK • NO. TYPE DATE NO. AMOUNT 04005 ACRD-MINNESOTA INC R 10/11/88 11258 152. 33 04009 AETNA LIFE S CASUALTY R 10/11/88 11259 418. 13 04015 AMERICAN LINEN SUPPLY CO R 10/11/88 11260 486. 28 04080 CITY COUNTY CREDIT UNION R 10/11/88 11261 110.00, 04085 CITY OF 'ST ANTHONY R 10/11/80 11262 19515.82 04095 COCA COLA BOTTLING R 10/ 11/88 11263 1_9810.25 04108 DANS REGISTER SERVICE R 14/11/88 11264 95.00 04109 DENTICARE R 10/11/88 11265 12.00 04110 CICKSCN ELECTRIC R 10/11/88 11266 36. 00 04118 EMS MUSIC INC R 10/11/88 11267 127. 50 04120 EAGLE NINE CC R 10/11/88 11268 19442.33 04125 EAST SIDE BEVERAGE CO R 10/11/88 11269 69256.35 04129 ECOLAS R 10/11/88 11270 138. 26 04130 ECOLAB R 10/11/88 11271 377.88 04145 GANZER DISTRIBUTORS INC R 10/11/88 11272 109788.60 04170 GOODIN CC R 10/11/88 11273 53.61 04175 GRIGGS CCOPER E CO INC R 10/11/88 11274 189172. 10 04202 HENN CTY SUPPORT E COLL S R 10/11/88 11275 70.00 04205 HOME JUICE CO R 10/ 11/88 11276 79.92 04208 ICMA R 10/11/88 11277 20.00 04220 JOHNSON WINE CO R 10/11/88 11278 4,055.94 04230 KUETHER DISTRIBUTING CO R 10/11/88 11279 19,216.02 • 04234 LMCIT - E8P INC R 10/11/88 11280 79.34 04241 LILLIE SUBURBAN NEWSPAPER. R 10/11/88 11281 425.00 04265 MARK VII SALES INC R 10/11/88 11282 1992.63. 80 04266 MARKET MECHANICAL R 10/11/88 11283 563.94 04270 VAN-O-LITF_ R 10/11 /8E 11284 19.6? 04290 MINNEG.ASO R 10/11/88 11285 1.31.55 04295 MINN BENEFIT ASSN R 10/11/88 11286 5.00 04311 MINTER-WEISMAN R 10/11/88 11287 29167.08 04318 NAT FINANCIAL INS CO R 10/ 11/98 11288 14.40 04335 NORTHERN STATES P0WER R 10/11/88 11.289 19980.31 04338 NORTH STAR ICE R 10/11/88 11290 1,299.44 04345 CLD DUTCH FOODS INC R 10/11/88 11291 44.88 04355 PEPSI COLA/7 UP BOTTLING R 10/11/88 11292 576. P5 04360 EPSCO R 10/11 /88 11293 399?4.71 04376 PRIOR WINE CO R 10/11/88 11294 250.21 04378 PROFESSIONAL PROCESSING R 10/11/88 11295 516.28 04385 QUALITY 4fINE CC R 10/11 /98 11296 19269.43 04396 ROYAL CROWN BEV R 10/11/88 11257 35 .20 04400 ST ANTHONY LIQUOR #1 R 10/ 11/88 11298 465.23 04404 S/A LIQUOR #2-PETTY CASH R 10/11/88 11299 27.35 04450 STUART DISTRIBUTING CO R 10/11/88 11300 486.10 04460 SUNDERLAND INC R 10/ 11/88 11301 46. Cf? 04465 SURGE MATER CCNDITIONING R 10/ 11/88 11302 55 .80 04470 TOMBSTONE PIZZA R 10/11/98 11303 57.20 04480 TWIN CITY FILTER SERVICE R 10/ 11/ 88 11304 74. 80 • 04491 UNITED WAY R 10/ 11/88 11305 36.00 06190 SP LAKE PK LUMBER R 10/11 /88 11306 122 .1.9 06198 ST ANTHONY MERCHANTS ASSN R 10/ 11/88 11307 5 0. 0f? C I T Y O F S T A N T H O N Y L I 0 U 0 R P/E 10/11/88 A C C 0 U N T S P A Y A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NC. AMOUNT 06271 SCHUTTAII S HOWE R 10/11/88 11308 17. 29 06400 MB IND SUPPLY R 10/11/88 11309 36.97 06404 STEWART LUMBER CO R 10/11/88 11310 973.44 06509 WALTER R HAMMOND CO R 10/11/88 11311 14.73 06512 BROCK WHITE R 10/11/88 11312 37.60 06554 FRATTALLONEIS HOWE R 10/11/88 :11313 1.2.57 06560 VETERANS OF FOREIGN WARS R 10/ 11-/88 11314 37.5 06586 B R T SYSTEMS R 10/1/ 88 11315 110.00 06587 SERVICE SALES CORP R 10/11/88 11316 415.15 06588 ADVANCE COMPANIES R 10/11/88 11317 48.00 06589 WILLIAMS STEEL E HOWE R 10/11188 11318 291 .86 TYPE TOTAL 1019356.14 TOTAL 1019356. 14 • C I T Y O F S T A N T H O N Y L I Q U O R P/E 9/30/88 A C C. 0 U N T S P A Y A B L E PAGE 1 • VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NC. AMOUNT 04060 CINDY CARPENTER M 9/08/88 13384 180.0^ 04106 D E D TRUCKING M 9/08/.88 13385 841 .50 04120 EAGLE WINE CO M 9/08/88 13386 19635. 12 04135 ELECTRO WATCHMAN INC M 9/0.8/88 13387 135.C'' 04175 GRIGG-S CCOPER E CO INC M 9/03/88 13388 12 ,030.21 04236 LEH.IGH MUN E COMM LEASE F M 9/08/88 13389 92.94 04261 MANNINGS II[ M 9/08/88 13390 483.65 04311 MINTER-WEI SMAN M 9/08/88 13391 f- 9510.96 04360 EPSCO M 9/08/88 13392 3,439.9E 04376 PRIOR WINE CO M 9/08/88 13393 184.32 04410 ST ANTHONY NATL BANK M 9/08/88 1.3394 30000.00 04410 ST ANTHONY NATL BANK M 9/08/88 13395 59000.00 04410 ST ANTHONY NATL BANK M 9/15/88 13396 159000. CC 04410 ST ANTHONY NATL BANK M 9/15/88 13397 59000.00 04100 COMMISSIONER OF REVENUE M 9/15/88 13398 706.6? 04311 MINTER-WEISMAN M 9/15/88 13399 .1,051. 36 04.360 EPSCO M 9/15/88 13400 491.21 04375 POSTMASTER M 9115/88 13401 100.0G 04380 PUBLIC EMPLOYEE RETIREMNT M 9/15/86 13402 19560.3F 04401 ST ANTHONY LIQ #1 M 9/15/88 13403 209.67 04410 ST ANTHONY NATL BANK M 9/15188 13404 1 ,!`44.65 • 04410 ST ANTHONY NATL BANK M 4/15/88 13405 19710.42 04410 ST ANTHONY NATL BANK _ M 9/15/88 13406 64.66 04491 UNITED WAY M 9115/88 13407 38.0C, 04.100 COMMISSIONER. OF REVENUE M 9/16/88 17408 279141.54 04016 AMERICAN RISK SERVICES M 9/?2/88 13409 273.0c 04060 CINDY CARPENTER M 9/22/88 13410 240.0'' 04104 COMPUTER CHEQUE OF MN M 9/22/88 13411 125.,)0 04175 GRIGGS COGPER C CO INC M 9/22/88 13412 10,957.20 04203 BURDETTE HETZER M 9/22/68 13413 1 ,062 .64 04220 JOHNSON WINE CO M 9122/88 13414 41,417.5.5 04261 MANNINGS III M 9/22/88 13415 471 .75 04311 MINTER.-WEISMAN M 9/2.2/88 13416 2,203.75 04360 EPSCO M 9/22/88 13417 29793.26 04376 PRIOR WINE CO M 9/22/88 13418 19014.47 04385 QUALITY WINE CO M 9/22/88 1341G 1 ,46166? 04390 REX DISTRIBUTING CO M 9/22/88 13420 19, 910.92 04404 S'/A LIQUCP. #2-PETTY CASH M 9/22/88 13421 169.54 04410 ST ANTHGNY NATL BANK M 9/22/88 13422 159000.00 04410 ST ANTHONY NATL BANK M 9/22/88 13423 5,0^0. 0^ 06545 TWIN CITIES READER M 9/22/88 13424 200.00 06583 CRAIG WALTERS M 9122188 13425 4().0':- 04494 WASTE MANAGEMENT - BLAINE M 9/22/88 13426 2: 3.0' 04410 ST ANTHONY NATL BANK M 9/29/88 13427 15r0'�;C.1 04410 ST ANTHONY NATL BANK M 9/29/88 13428 59000.0r- 04004 AT 6 T M 9/29/88 1.3429 1 .4c • 04009 AETNA LIFE E CASUALTY M 9/29/88 13430 418.11- 04060 CINDY CARP ENTER M 9/29/88 13431 l ec.017 04080 CITY CClUNTY CREDIT UNinI4 M 9/29/89 13432 110.^" 04085 CITY OF ST ANTHCNY M 9/29/88 13433 37,5 '0.CC C I T Y O F S T A N T H O N Y L I Q U O R P/E 9/30/88 A C C O U N T S P A Y A B L E PAGE 2 VENDOR NAME CHECK CHECK CHECK NO. TYPE DATE NO. AMCUNT 04098 COMMERCIAL LIFE INS CO M 9/29/88 13434 21.60 04100 COMMISSIONER OF REVENUE M 9/29/86 .13435 695.25 06584 . COMMUNICATION CORP OF AM M 9/29/88 13436 113. 25 06442 DELSON PLUMBING INC M 9/29/88 13437 574.10 04120 EAGLE WINE CO M 9/29/88 13438 417.28 04175 GRIGGS COOPER S CO INC M 9/29/88 13439 149189.45 04185 GROUP HEALTH PLAN INC M 9/29/88 13440 75.95 04202 HENN CTY SUPPORT E COLL S M 9/29/88 13441 70.00 04208 ICMA M 9/29/88 13443 920.00 04220 JOHNSON WINE CO M 9/29/88 13444 79381.62 04235 LECLAIRE DIANE M 9/29/88 13445 125.00 06585 MAPLE MARKETING M 9/29/88 13446 681.00 04269 MED CENTER M 9/29/88 13447 233.55 04311 MI NTER-WE I SMAN M 9/29/88 13448 726.48 04325 RAYMOND NELSON M 9125188 13449 160. 00 04360 EPSCO M 9/29/88 13450 39530.80 04365 PHYSICIANS HEALTH PLAN M 9/29/88 13451 19292.16 04376 PRIOR WINE CO M 9/29/88 13452 122.73 04380 PUBLIC EMPLOYEE RETIREMNT M 9/29/88 13453 19552.95 04380 PUBLIC EMPLOYEE RETIREMNT M 9/29/88 13454 27.010 04385 QUALITY WINE CO M 9/29/E8 13455 29051.78 • 04410 ST ANTHONY NATL BANK M 9/29/88 13456 1,611. 196 04410 ST ANTHONY NATL BANK M 9/29/88 13457 19707.00 04410 ST ANTHONY NATL BANK M 9/29/88 13458 56.24 04491 UNITED WAY M 9/29/88 13459 36.00 04492 US WEST COMMUNICATIONS M 9/29/88 13460 361 .26 06583 CRAIG WALTERS M 9/29/88 13461 80.00 TYPE TOTAL 273,765.87 TOTAL 2739769.87 • • • INVOICE NUMBER L c flWE f L IP D I IST.INC. P.O.BOX TOLL FREE IN MN.1-60D 722-0588 HIGHWAY 60 EAST • LAKE CRYSTAL.MINNESOTA 56055 • TELEPHONE 50772680/1 BILL C I T'y' OF ST ANTHONY SHIP CITY OF' 511- ANTHONY TO S I L V E R" L AF::'E ROAD TO SILVER L-Al,:.E RC)AD ST ANTHONY, IIN 55418 ST ANTHONYI MN 55P418 mm" PURCHASE ORDER NO. SALESPERSON Cl j DESCRIPTION EXTENSION 1,--j 0-1 E L I F I Y ON HOOD, FALLS I-A[-1 '9 ' WING I NSTAI L F(E V Pt OW EA 861.1.7. 0 0 RE.TtIrt ! GOODS tt'X. R C161.6. (W) YOU CUSTOMER COPY TOTAL • • APPLICATION FOR PAYMENT NO. Three To City of St. Anthony (OWNER) Contract Contract for Temporary Granular Activated Carbon System OWNER's Project No. . ENGINEER's Project No. 861908-3 For Work accomplished through the date of September 30, 1988 ITEM CONTRACTOR's Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount 1. Furnish & Install $ $ $ . Treatment System 124,600.00 Lump Sum 124,600.00 100% 124,600.00 2. Service Fee 108.00 500 Day 54,000.00 69 7,452.00 3. VOC Removal 850.00 80 Pounds 68,000.00 0 --- 4. Extra GAC 25.30 1600 cu/ft 40,480.00 0 --- 5. Remove Equipment 38,650.00 Lump Sum 38,650.00 0 --- TOE $325,730.00 $132,052.0 (Orig. Contracty. C.O. No. 1 C.O. No. 2 Accompanying Documentation: GROSS AMOUNT DUE ....................... $132,052.0 • Invoice No. 960563301 LESS %b RETAINAGE ................... $ None AMOUNT DUE TO DATE ..................... $132,052.00 LESS PREVIOUS PAYMENTS ................ $128,812.00 AMOUNT DUE THIS APPLICATION ......... $ 3.240.00 CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER). Dated , 19 CONTRACTOR By Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated October 12 1988 Rieke C 4roll MAlepAssoc. , Inc. • ' E SEElt By EJCDC No. 1910-8-E(1983 Edition) Prepared by the Engineers'Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. ORIGINALgllvw'-OUR ORIGINAL IN CALGON CARBON CORPO------ N VOICE NUMBER REFERENCE REMITTANCE. CpLGON P.O. BOX 717,PITTSBURGH,PA P A 15230 F DRISw41NVOICE NUMBER P i t t s tIIJ r g h r PROJECT PRINT DATE g G p 5 G 3 3 0]. REMIT TO: P .O . BOX 3 6 0 7 9 5>✓i, INVOICEMNIP DATE YOUR PURLNI3E ORDER NO. p 29-SE TJ-1��p A N 1 H 0 N Y LARRIER'S NO. • INVOICE NO. 29-SEp-1988 L Way SNIPPED VIA SNIPPED FROM J L• Best 60563301 kC�S YkO� 8G1 FREIGHT TERMS _ p A 15205 SHIPPED TO io Frei ht Yittstll�rg�� r ASSOC: INVOICE TO 4?G7G700 155 REIF:E. CARkULL i1ULLER r 10901 IE kEll CIRCLE Ilk kEIF:E , CARROLL MULLER ASSOC RO BOX 13U AITNP C RARGER 10901 RED CIRCLE DRC BARGER NINETONKA , MN 55343 PO BOX 130 ATTNe M INETONF•A, MN 5534-D L L AMOUNT UNIT PRICE DESCRIPTION `I QUANTITY UNIT PRODUCT CODE 1 9/1/88-9/30/88 3'0 IIAYS X $108/UY OCT 3 - 1988 Rieae•Cal►oli•Murr: H�F^;fates ine. • Box 130 Hopkir.5. (vii;;r.. 55343. „40 . 29—OCT-1938 • • DUE 00. DATE DUE CUSTOMER FORM III-F It) Rieke Carroll Muller Associates, Inc. INVOICE / Engineers • Architects • Land Surveyors STATEMENT REMIT TO THE P.O. BOX 130 P.O. BOX 776 P.O. BOX 51 15 5th STREET N.E. ,ADDRESS CHECKED MINNETONKA, MN 55343 GAYLORD, MN 55334 ST. CLOUD, MN 56301 GRAND RAPIDS, MN 55744 ❑ • OCTOSER 109 1983 INVOICE NO. 1206 Jlea NO. 36190.83 ST. AN T KCNY VILLAGE 3301 :SILVER LAKE ROAD ST. ANTHONY, MN 55413 FOR: TEMPOrr'.."RY WATER TR=ATMENT FACILITY ?RO ESSICNAL S=RVICES FRCK AUGUST 29, 1953 TO SEPTEMBER 309 1953 ---------------------------------------------------------------- PROFMIONAL PERSONNEL ?OURS RATE AMOUNT CIVIL !NGP E.4 _O. 94 2=fi.0l SECRETAkY 0.9 13.9E '_?. 5" • T: TAL5 7.3 210.60 PLUS 140.00 1 OF 213.60 294.e4 TOTAL LABOR 505.44 REIMEURSAEL= EXPENSES HIR_s TRAVEL :. 90 TOTAL 9.90 9. 90 ------------ TNTAL THIS !NVOICE S 523.34 OUTSTANDING INVOICES NO. 1142 DATE 8/31/S8 686-63 TITAL 636.63 636.63 TOTAL NOW CUE g 19202.0Z I declare under Halt of at this account, claim or demand is just and co a nd n an i h been paid. X SIGNAT E OF CLAIMA WAlTE OLITAfI METROPOLITAN WASTE t 6- Z CO CONTROL. COMMISSION ikg (1TROL ommiffion Twin Cities Brea 350 METRO SQUARE BUILDING ST. PAUL, MN 55101 PHONE (612) 222-8423 CITY OF ST ANTHONY ACCOUNTS PAYABLE 3301 SILVER LAKE ROAD ST ANTHONY MN 55418 INVOICE 9/01/88 0022475-000 OCTOBER 0005952 INVOICE DATE CUSTOMER ACCOUNT NUMBER 'SERVICE MONTH INVOICE NO.- AMOUNT. 401 SEWER SERVICE CHARGES 26,082.04 • TOTAL: 26,082.04 Due on the first day of the service month.- Installments not received by the 10th day of each month in which due shall be regarded as delinquent and shall bear interest from the first day of such month at the rate of 18% per anum. As per laws of Minnesota.1985, chapter 136. C 2 TY O F S T . ANTHONY • P L ANN 2 NG C OMM 2 S S=ON M M NUT E S OCTOBER 3- 8 , 1 9 8 8 1 The meeting was opened at 7: 35 P.M. with the Pledge of Allegiance led 2 by Chair Wagner. 3 ROLL CALL 4 Present for roll call: London,' Brownell , Franzese, Wagner, Werenicz. 5 Absent: Hansen, Madden. 6 Also present: David Childs, City Manager 7 Sue VanderHeyden, Assistant to the City Manager 8 SEPTEMBER 20 1988 PLANNING COMMISSION MINUTES 9 Motion by Brownell, seconded by Werenicz to approve the September 20th 10 Commission minutes with the following changes: 11 Page 1, line 21: Substitute "Recommendation for" for "Recommended" . 12 Page 2, line 9: Substitute "location" for locations" . 13 Page 3 , line 13: Delete "only" and substitute "indicate" for "in- 14 dicated" . Page 3 , line 31: Substitute "usual" for "usually" . Page 9, line 22: Correct typo to "changed in" . 17 Page 9, line 29: Substitute "three" for "two" and "raised" for 18 "spoke" . 19 Page 9, line 30: Substitute "concerns" for "against" . 20 Motion carried unanimously. 21 Commissioner Brownell to Represent Planning Commission at Council's 22 October 25th Meeting 23 It was noted that it had been Chair Wagner who represented the Commis- 24 sion at the Council's September 27th meeting. 25 PUBLIC HEARINGS 26 Recommendation That Preliminary Plat for Evergreen Townhome Project be 27 Approved Subject to Resiting of Building #1 and Screening Railroad 28 Tracks 29 At 7:40 P.M. Chair Wagner opened the public hearing on the above by 30 reading aloud the Notice of Hearing which had been published in the 31 October 5th Bulletin and sent to all property owners of record within • 1 r � 1 350 feet• of the subject property. No one present reported failure to 2 receive the notice or objected to its content. • 3 Staff Report 4 *Mr. Childs' October 10th memorandum advising that the preliminary 5 plat still showed a 10 foot sideyard setback between Unit #1 and its 6 west property line where an increase to 15 feet had been established as 7 one of the conditions under which the property would be rezoned from 8 single family to townhome for this project; 9 *added that this condition could still be provided in the final plat 10 which cannot be approved until the final Redevelopment Agreement with 11 Evergreen Development can be completed, which he estimated would 12 probably be sometime in November; 13 *reiterated that he perceived the new platting addressed most of the 14 other Commission and Council concerns related to storm water storage and 15 the provision of an access easement to be negotiated with the owner of 16 the landlocked Lot 5 in the Villella Subdivision if Mr. Nordahl can 17 work out similar easements with the owners of the three other lots 18 between his lot and the project property; 19 *indicated the developers had redrawn their original plans to 20 establish a roadway next to the railroad tracks over which access 21 easements for those four properties could be negotiated between the 22 developer and the property owners; 23 *reported Mr. Hoium of Evergreen had indicated he perceived units 1 , • 24 2, 3, and 4 could be pushed at least five feet further from the west 25 property line than shown on the Preliminary Plat; 26 *told Commissioner Franzese there would still be 37 units in the 27 development but they had been distributed throughout 10 rather than 8 28 buildings to accommodate the number of prospective buyers who wanted 29 end units. 30 Plat Proponents 31 Vern Hoium, Evergreen President, and Vice President Ursula Sheehy, who 32 handles marketing, confirmed that there might be more reshuffling of 33 building siting to include pushing the building closest to western most 34 neighbor farther away from the dividing property lines; 35 *indicated the provision of a 32 foot roadway next to the railroad 36 tracks provided 100 foot building setback from the tracks which would 37 be necessary to get mortgage financing for the buildings closest to 38 the tracks. 39 Ouestions and Concerns of Neighbors 2 • 1 Curtis Nordahl, 3513 Skycroft Drive, whose concerns had previously been 2 presented during the April 26th Council meeting, asked whether the 40 street Evergreen intended to construct next to the railroad tracks would be a 60 foot dedicated street or a private roadway. When told it 5 would be the latter, Mr. Nordahl said that constituted a basis for a 6 concern for him since he perceived the City had still not provided a 7 permanent remedy for his problem of having no access across the other 8 undeveloped lots between his own landlocked property and the property 9 now being developed. Mr. Nordahl indicated he thought the City should 10 not allow that development unless the street which was proposed was a 11 dedicated street. .12 He was told that only the street location and not its status as a 13 private street had been changed between the plan the Council had 14 accepted for a zoning change and the Preliminary Plat being presented 15 that evening primarily because there would, not be enough room within the 16 project for a 60 foot street. 17 Mary Jo Points, 3914 Foss Road, Apartment 101, indicated she was present 18 to discuss several points of concern which she and other Mirror Lake 19 residents had about the project. She wanted to know: 20 *whether the Amoco Oil pipeline which ran under Mirror Lake also ran 21 under this property; 22 *if the fact that the developers were leaving a triangular piece of 23 land between the proposed jog in the street and the railroad meant they 24 might be contemplating an egress onto Foss Road and through their 0 project; 26 *who had authorized the dumping of fill on this property which had 27 caused the nesting ducks to cross the road and to build their nests in 28 the Mirror Lake entryways instead; 29 *whether the City or whether the developers would be paying for 30 water, sewer, and fire protection for the townhomes and the streets 31 within the project. 32 Mrs. Points was assured that the Amoco Oil Co. , pipeline ran under the 33 Harstad property north of Silver Lane and east and north 'of the 34 project. Mr. Childs told her the Rice Creek Watershed District had 35 issued a permit to Ramsey County to dump the materials they had 36 removed from County Road "D" onto this property and said he expected 37 that once the developers remove that fill and provide ponding in that 38 area the wildlife will probably return to nest in the same area. He 39 also assured her and Hal Rogers, 4011 Fordham Drive, that the tax 40 increment financing the City was negotiating with the developers only 41 involved soil corrections and this developer, like any other developer, 42 would have to pay all the costs for any water or sewer line extensions 43 and for any interior streets on the property. 3 1 Mr. Rogers was told copies of the Preliminary Plat would be made 2 available for any residents who wanted one and Mr. Hoium told him the • 3 developers had been able to negotiate soil corrections costs down to 4 about $273 ,000.00 which was a lot less than first anticipated. The 5 questioner was again assured that the final rezoning of the property 6 would not be done until after the Redevelopers Agreement has been 7 signed and the final platting for the property had been submitted for 8 Planning Commission review. The property would only be rezoned for 9 townhomes after the Council had approved both documents. 10 Richard D. Oertwich, 3408 Silver Lane, was assured that at least a 15 11 foot setback would be left between unit #1 and his property line which, 12 if his own residence was 12 or 13 feet from the lot line, would leave 13 about 30 feet between the two structures. Mr. Oertwich also wanted 14 assurance that some sort of screening would be provided between the two 15 properties. 16 The Chair reiterated that this was one of the conditions which had to 17 be met before the property would be rezoned and that setback would most 18 likely be included in the final plan which the City Manager expects to 19 have back for Commission review in about 30 days. 20 Mr. Childs indicated he would send out notices of not only the 21 Commission review of the final plan but also the meeting where the 22 Council would most likely be giving the third reading for adoption of 23 the ordinance which would rezone his property. 24 There was no response to the Chair's invitation for further comments. 25 Ms. Sheehy reported that many of the prospective buyers of the 26 townhomes had told her they had no objections to trains and since there 27 was a chance that line might be discontinued altogether, she wondered 28 why any screening of the tracks was necessary. She said one of the 29 persons who had reserved a unit had told her the railroad had replaced 30 the short tracks with long ones which left only the noise generated by 31 the engines to make that steep grade. Although the berming was no 32 longer considered necessary with the placement of the street between the 33 structures and the railroad tracks, the general consensus was that 34 screening should remain a condition for rezoning the property. 35 Sketches of the individual units were shown to the residents with the 36 proponents indicating the exterior would be of rough cedar appearing 37 vinyl. 38 The Chair closed the hearing at 8:13 P.M. but reopened it at 8:14 P.M. 39 when Mr. Mordahl requested he be given an opportunity of making a 40 formal statement of his concerns about the project. 41 His presentation included repetition of his position on the issue as 42 stated in his letter to the City Manager, copies of which had been 43 provided the Council before their April 26th meeting. That position 44 was that by allowing Lot 5 of the Villella addition to be developed 4 1 with a need for access, the City had undertaken the responsibility for 2 meeting that need. 0 Mr. Nordahl reiterated his opposition to developing the land on Silver 4 Lane without provision of a 60 foot dedicated street through the 5 property to provide access to Silver Lane for his and other landlocked 6 properties within 500 feet of the proposed development. He said he 7 seriously doubted whether access could ever be provided off Fordham 8 Drive and perceived the owners of those other properties should be just 9 as concerned as he is about the issue. 10 He told the Chair the original plot for Lot 5 and Lot 4 on which he had 11 built had never anticipated access for Lot 5 through Lot 4 . He said 12 he purchased Lot 4 in 1971 and built a house right in the center of it. 13 He said he purchased Lot 5 in 1978 as "a separate plotted and surveyed 14 City lot indicating a proposed road easement shown on the lot survey 15 and intended to develop that lot as a separate parcel. " His statement 16 insisted that at no time since 1967 when the lots were plotted as the 17 Villella Addition were lots 4 and 5 ever considered as one or was access 18 for Lot 5 ever considered through Lot 4. 19 Mr. Childs indicated the document he had seen for the Nordahl lot had 20 shown what could have been the bottom half of a cul du sac but there 21 were no lots of record north of that property which indicated any 22 continuation of that roadway. He reiterated that all of the properties 23 next to any such dedicated street would be assessed for the costs of 24 the street. Mr. Nordahl said he found it hard to believe that 25 considering the value of buildable lots in St. Anthony, owners of the undeveloped property north of him wouldn't welcome the opportunity of having access opened to them. The Chair pointed out that apparently 28 some of the owners of property on Fordham Drive were opposing having an 29 access across the back of their property. 30 Mr. , Childs summarized their testimony at the Council meeting, 31 indicating the owners of some of the abutting lots had indicated 32 opposition to a dedicated road across their property. 33 Mr. Holum interjected at this point that ,Mr. Nordahl's Lot 5 was at 34 least 500 feet south of the subject property with three intervening lots 35 between. He said when those lots are developed the discussion this 36 evening would be appropriate, but without that, he perceived the 37 question to be "moot" . The Evergreen President indicated that was the 38 reason they were willing to provide an access easement for those 39 intervening lots with, . of course, the costs of street maintenance being 40 negotiated with each owner as lots were developed. 41 Ms. Sheehy reiterated that any structure on those lots would. have to 42 be built 100 feet away from the tracks to get mortgage financing. Mr. 43 Nordahl said it was possible the owners could finance the construction 44 independently and concluded "I'd gamble on selling a house there very 45 easily" and pointed out that the Evergreen marketing executive had just 46 indicated the "charm of having a train. " He then read the March 3 , 1967 • 5 1 letter he had received from Comstock and Davis, the original surveyor 2 for his property, which referred to the road easement for Lot 5 which 3 referred to the easement feeding the it lots straight north of him in • 4 Mounds View Addition as being "accepted by the City of St. Anthony and 5 `the Planning Commission, which indicated a clear intent to access 6 Villella Addition, Lot 5 from Silver Lane to the North. " 7 Mr. Hoium told Mr. Nordahl that he -had spent an hour and a half of the 8 Council's time April 26th giving the same testimony after which the 9 Council had told him that the Evergreen property development would have 10 no effect on his property. Mr. Nordahl indicated he did not agree with 11 that assumption but believed instead that "what's happening now is 12 contrary to what was done in 1967 when my lot was created." He again 13 conceded that the bottom half of a cul du sac shown on the survey of 14 Lot 5, Villella Addition was not shown on any of Mounds View Acres, 15 Second Addition surveys, but reiterated that the survey language had 16 caused him to assume access would be provided to his property. 17 Mr. Childs indicated he perceived Evergreen's willingness, to provide an 18 access easement across their project was only the first step towards 19 providing that access with the rest to follow with the development of 20 the intervening lots between Mr. Nordahl's Lot 5 and the project. 21 Mr. Nordahl said he didn't perceive "access off Fordham Drive would ever 22 be in the cards" and that was why he perceived "there had to be a 23 dedicated street in the plat plan for the townhome project or, 24 otherwise, end up with landlocked property. " Chair Wagner disputed this 25 assertion that there would never ben an access off Fordham, telling Mr. 26 Nordahl he believed- "things could change. " He told the protestor that 27 all of the same statements of his position had been clearly reported in 28 the apri1 - 26th minutes and although the Planning Commission had concern 29 about his property being buildable, they agreed with the Council that 30 since it was not even adjacent to the townhome project, his problems 31 were not germane to the plat before them that evening. 32 Commissioner Franzese indicated she perceived it was now up to Mr. 33 Nordahl to communicate with his neighbors to the north who could give 34 him an easement if they wanted. She felt his success in getting access 35 was dependent on that rather than on the City's course of action on 36 property 500 feet away from him. She pointed out that by allowing 37 the townhome project the City was not creating his problem. 38 Mr. Nordahl said he talked to Mr. Reid who was willing to develop his 39 property in the manner which was discussed with access from the north, 40 but the other property owner "is not approachable. " 41 Chair Wagner indicated the minutes would reflect Mr. Nordahl's request 42 -for a dedicated street as well as the fact that Evergreen has offered 43 to negotiate an access easement across their property when the 44 intervening lots are developed. 45 The hearing was closed at 8:38 P.M. 6 • 1 Commission Recommendation 0 Motion by Franzese, seconded by Brownell to recommend the Council 3 approve the Preliminary Plat dated September 9, 1988, for the 37 unit 4 townhome project proposed to be constructed by the Evergreen Development 5 corporation on the parcel legally described as Lots 1 , 2, and 3 , Block 6 4, Mounds View Acres, Ramsey County, MN and Block 2, Mounds View Acres, 7 Ramsey County, MN generally described as a vacant parcel 4.85 acres in 8 size located east of Fordham Drive, south of Silver Lane and west of 9 the Soo Line Railroad tracks. The Commission recommends approval be 10 conditioned upon: 11 1. Detailed plans from the developer to include screening rather than 12 berming along the railroad track; provision of no less than a 15 foot 13 sideyard setback along the west property line adjacent to Building #1 14 with trees and shrubbery to be provided in that same area. 15 2. Drainage subject to City engineering approval. 16 In recommending approval of the Preliminary Plat, it is noted that the 17 developer offered to negotiate a shared cost access easement over the 18 street closest to the railroad tracks for the future development of Lot 19 5, Villella Subdivision. 20 Motion carried unanimously. 21 Commissioner Brownell stated that he perceived the motion was fair to Mr. Nordahl because the City would still be able to have something to say about how the intervening lots would be developed. 24 Commission Concurs with Extension of Minnesota Scientific's Permit 25 Deadline Until April, 1989 26 At 8:48 P.M. the Chair opened the public hearing on the above-request 27 by reading the notice of the hearing which had been published in the 28 October 5th Bulletin and sent to all property owners of record within 29 350 feet of the subject property. No one present reported failure to 30 receive the notice or objected to its content. 31 Request: 32 *from Minnesota Scientific conveyed by the September 19th letter from 33 Donatelle Properties, 401 County Road E-2 West, New Brighton; 34 *for an extension of the deadline of October 31, 1988 which had 35 been imposed by the Council when they granted a conditional use permit 36 for a temporary office trailer at 3839 chandler Drive. 37 Staff Report • 7 1 *Mr. Childs' October 14th memorandum giving the background history 2 of the permit to which he had attached copies of the pertinent August 3 18, 1987 Planning Commission and august 25, 1987 Council minutes; 4 *reiterated that the Council had imposed an earlier deadline than 5 the Commission had recommended, perceiving that the actual lease date 6 at that time was more an appropriate deadline and anticipating that 7 Minnesota Scientific could always come back for an extension if they 8 were not able to move before the end of October; 9 *reported the company would be moving into Donatelle office space in 10 New Brighton, but because the current lease held by someone else on that 11 space doesn't terminate until the end of December, and it appears 12 renovation and remodeling would delay Minnesota Scientific's moving 13 until at least the end of March, the city is now being requested to 14 extend the deadline until that time; 15 *recalled that only one of all the residents who had been notified of 16 the August, 1987, Commission hearing had attended that meeting. The 17 primary concern of William G. Graff, 3824 Foss Road, at that hearing 18 had been that "when Minnesota Scientific moved out of St. Anthony, the 19 trailer be removed at the same time and the ground underneath be 20 returned to its original state"; 21 *said he hadn't heard from any of the neighbors since the October 4th 22 notice (Chair Wagner reported Commissioner Madden had talked to Mr. and 23 Mrs. Graff and reported the neighbors had no objections to extending 24 the deadline. The applicant had also talked to them with the same - 25 response. ) • 26 Proponents• 27 Bruce LeVahn, President of Minnesota Scientific, said his request had 28 been accurately reported in the Donatelle letter and it had only been 29 because of the press of business at this time, that the October 31st 30 deadline date had been overlooked. 31 Mr. LeVahn reported further that: 32 *there are seven people working in the detached facility now and it 33 would be a great inconvenience for them not to be allowed to keep the 34 facility until they moved; 35 *reported Minnesota Scientific had been negotiating a lease with 36 Donatelle Properties for the last six months and couldn't move when 37 their lease with that company ran out; 38 *his form had been negotiating with Donatelle Properties for the last 39 six months to lease space in one of their New Brighton buildings and 40 uncertainty whether the space they wanted would be available had 41 prevented them from signing a lease before this time; 8 • 1 *he was now certain that space would be available by April. Chuck Donatelle, 4008 Macalaster Drive, was present to affirm the statements he and his brother, Michael, who was also present, had made 4 in their letter applying for the extension. 5 No one else spoke to the issue and the Chair closed the hearing at 8:5. 2 6 P.M. 7 Commission Recommendation: 8 Motion by Brownell, seconded by Werenicz to recommend that the City 9 Council grant the request from Minnesota Scientific, Inc. , 3839 10 Chandler Drive, for an extension of the existing special use permit #14- 11 87 which would allow the company to retain the existing temporary 12 mobile office on the east side of the building at that location until 13 April 1, 1989 or upon the date the company vacates the property , if 14 that is sooner. The conditions which the Council had imposed on the use 15 of this facility with their motion of approval August 25, 1987 would 16 remain in effect with this extension. 17 Motion carried unanimously. 18 NEW BUSINESS 19 Commissioners Impressed with Master Plan for the Future of the Silver 20 Lake Camp 4tCopies of the Plan had been duplicated in the Commission agenda packet and provided reference points for the discussion of a 20 year plan for 23 the camp by Dale Westberg, Director of the Salvation Army Camp, and Lt. 24 Colonel Harry Smith, Divisional Commander of the Northern Division of J 25 the Salvation Army, both of whom reside on the camp grounds at 2950 26 West County Road E in St. Anthony. 27 Staff Report: 28 *Mr. Childs' October 14th memorandum reporting on the immediate plans 29 of the proposal and the St. Anthony Recreation Open Space Ordinance, 30 which requires that "all structures be constructed of a material and of 31 a design which is compatible with the natural environment as determined 32 by the Planning Commission and Council and which conforms with 33 applicable codes." 34 Mr. Westberg told the Commissioners the Salvation Army plans: 35 *to reopen. the stone pillared northwest entrance to the camp which 36 has remained an historic landmark in St. Anthony since the camp opened 37 in 1921; 38 *to repave the road coming into the camp and add a new parking area 39 which would accommodate about 80 cars; 0 9 I *to construct a new administration building at the crown of the hill 2 just south of that area so access to the camp can be -controlled and • 3 guests greeted from the office; 4 *to relocate the work area to the camp perimeter where it would be 5 less visible to the guests and would provide greater safety for the 6 camp. This would require the construction of a new vehicle/construc- 7 tion/maintenance building to replace the existing building. 8 The Camp Director indicated these projects were estimated to cost the 9 Salvation Army about $350,000 and would be started as soon as City 10 approval is given. He then went over the portions of the Master Plan 11 which would be undertaken as soon as funding is available to "move the 12 camp into the 21st Century. " He said all improvements were planned to 13 get the best use of the land which is available; not to damage the 14 environment; and to maintain what is -almost a "wilderness type setting 15 in a metropolitan area where the type of services the Salvation Army 16 provides are very much in demand. " 17 Mr. Westberg indicated the Master Plan was the third plan which had 18 been presented over the years. The first was drawn in 1970 to 19 revitalize the camp and bring it up to the current standards of that 20 time. In 1980 another plan to re-affirm that the camp was going in the 21 direction the Salvation Army wanted it to go, was presented for City 22 approval. Now in the midst of the Salvation Army's capital campaign, 23 the camp officials wanted to take a fresh look at the changes in 24 camping trends and they wanted to be ready to respond to those changes • 25 to meet the needs of the campers 65% of whom are now adults. They also 26 wanted to increase the efficiencies of the camp so as to rely less on 27 outside subsidies to offer the facilities and services for the camp's 28 guests. 29 The Camp Director reported the majority of their weekend guests stayed 30 only from Friday to Saturday night and only about a third stayed over 31 until Sunday. Use of the camp by children is mainly during the summer. 32 From September to May or June, 95% of the guests are adult groups from 33 around the metropolitan area and even from around the nation. 34 Mr. Westberg gave a rapid run through of the plans he had submitted for 35 Commission review. He told the Chair the camp officials had been 36 ' turning St. Anthony children away from fishing from the bridge between 37 the main camp and Kiwanis Island because of the difficulties involved 38 in distinguishing who are campers and who aren't. Colonel Smith 39 recounted several incidents which had occurred which resulted in more 40 stringent regulations necessary to meet the camp's responsibility for 41 the safety of the children entrusted to their care. He said he liked 42 the idea of 'having a special open house day for St. Anthony residents 43 to visit the camp as well as school sponsored visits throughout the 44 year, especially during the week when other groups aren't using the 45 camp facilities. 10 1 Mr. Westberg pointed out that there were several groups of parochial 2 school children who participated in planned day activities in the camp now and he perceived the staff would welcome the same type of activities for school children in the St. Anthony/New Brighton School District as 5 well. 6 The Camp Director told Commissioner Brownell the new buildings would 7 have wood construction with rough cedar siding. The administration 8 building would also have natural rock trim. The architect had even 9 changed the construction of the maintenance building from steel to wood 10 frame to better fit into the natural environment of the camp. The goal 11 is to put all utilities underground to provide better visuals of the 12 camp. He promised to bring the plans to staff as soon as they are 13 available from the architect. 14 Commission Recommendation 15 Motion by Werenicz, seconded by Franzese to recommend Council approval 16 of the long range building plans for land use and facilities development 17 contained in the Salvation Army's Master Plan for the Silver Lake Camp 18 in St. Anthony. The Commission has reviewed the building materials to 19 be used in the facilities and found them to be in keeping with the 20 natural environment of the camp and recommends that each project be 21 reviewed by City staff to assure that they meet all current building 22 codes and regulations. 23 Motion carried unanimously. 0 ADJOURNI�iENT 25 An informal progress update on various City projects was given by Mr. 26 Childs before the following: 27 Motion by Brownell,, seconded by Franzese to adjourn the meeting at 28 9:50 P.M. 29 Motion carried unanimously. 30 Respectfully submitted, 31 Helen Crowe, Secretary 32 :cjk 11 1 ails thou ills e SAT E : APPROVAL : October 10, 1988 TO : Planning Commission Members FROM : David M. Childs, City Manager : TEM : REQUEST FROM EVERGREEN DEVELOPMENT - PRELIMINARY PLAT This is a request from Evergreen Development Co. for preliminary plat approval for a 37 unit-townhouse project proposed for a parcel east of Fordham Drive and south of Silver Lane. The parcel contains 4.85 acres and is pending the third and final " reading of an ordinance making the property an R-3 Townhouse Zoning classification. The plat shows access to units 28-37 by a roadway along the Soo Line Railroad tracks. This would allow an easement access to be established for Mr. . Nordahl at some future date if the intervening residential property is ever developed, thus removing the land locking argument given by Mr. Nordahl. The preliminary plat seems to address the concerns of the Council and Commission with the exception that it still shows a sideyard setback of 10 feet between unit #1 and the west property line. At the rezoning hearing that resident requested that the units be moved to the east a little. The preliminary plat shows the same setback as proposed at the rezoning hearing. See attached minutes. The final negotiations on the redevelopment agreement are not yet complete. Therefore, the final reading of the rezoning ordinance will not be made by the Council until the agreement is complete. The preliminary plat can be approved at this time with changes as recommended by the Commission and the final approval of the final pat would then also be held until the redevelopment agreement is completed. :cjk10.18.88 Date: Se tember 9 ,1988 Fee: 62. 00 CITY OF ST. ANTHONY Application for Subdivision/Plat Approval • Applicant Evergreen Development Corporation Phone # 339-9341 Address 1920 Dain Tcwer, Minneapolis, MN 55402 Status of Applicant (owner, .buyer, renter, agent, etc. ) Buyer Present Legal Description of Property to be Affected Mounds View Acres,- e, Lots 1, 2 & 3, Block 4 and Lot 1, Block 2 and all that part of vacated Foss Drive according to pIat tnereof on file Proposed Legal Description of Property to be Affected County Recorder Same as above Street Address South of Silver Lane, East of Fordham Drive & west of the Soo Lire Railroad rac s Zoning District in Which Property is Located Rezoned from R-1 to R-3 Specify any Necessary Easements Area of the Plat/Subd. 4 . 85 acres Number of Parcels 37 Attach a copy of the proposed plat showing the proposed name of the plat, the location within the City, the names of the present owners, the scale, the date of preparation, the northpoint, surrounding property, all public utilities and easements and other such necessary information or documenta- tion as is requested by the City Manager or the subdivision/platting ordin- ance. DO NOT WRITE BELOW THIS LINE FOR STAFF USE ONLY 1. Fee calculation ($25.00 plus $1. 00 per lot to a maximum of $150 .00) 2. Conformance to design criteria yes no Exceptions: • 0 ; - 13- 884 * 52 . 00.Y • CITY OF ST. ANTHONY NOTICE OF HEARING PLAT APPROVAL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, October 18, 1988 at 7:35 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Evergreen Development Corporation for preliminary subdivision plat approval for a 37 unit townhouse project located east of Fordham Drive, south of Silver Lane and northwest of the Soo Line Railroad right-of-way and described as Mounds View Acres 2nd Addn: Lots 1, 2, & 3, Block 4 and Lot 1, Block 2 and all that part of vacated Foss Road according to plat there- of on file in the office of the Ramsey County Recorder. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: October 5, 1988 • a. Staff and City officials have received a number of letters supporting the permit and there were several residents from 3 that area present at the Commission hearing who spoke for the 4 establishment. 5 b. No one spoke against it, but two people did ask that conditions 6 representing their concerns about how it would be run be included 7 in the permit approval. 8 Motion carried unanimouslY• 9 Agenda Order Changed 10 Motion by Madden, seconded by Werenicz to move (c) under Public 11 Hearings up for consideration before (b) . 12 Motion carried unanimously. 13 At 9: 15 P.M. , the Chair opened the hearing on the Evergreen Development 14 Company request to change the zoning classification for 5. 3 acres of 15 vacant land located east of Fordham Drive south of silver Lane and west 16 of the Soo Line railroad tracks from R-1 (single family residence) to 17 R-3 (townhouse) for a proposed townhouse development of 37 units of one 18 and two stories. each. 1.9 The notice of the hearing, which had been published in the April 6th �0 Bulletin and sent to all property owners of record within 350 feet of 1 the subject property, was read aloud. No one present reported failure 22 to receive the notice or objected to its content. 23 Application: from Evergreen Development Corporation, 1920 Dain Tower; 24 for townhome project consisting of 8 separate buildings 25 with total of 37 units ranging from 1 , 200 to 1,600 26 square feet in size, costing from $89 ,900 to $99,900 ; 27 supported by site plans in agenda packet. 28 Staff report: Childs' April 15th memorandum, indicating the request, 29 also included about a triangular 1 acre parcel on the 30 northeast end presently owned by the City; 31 reiterated that the proposed development is in conform- 32 ance with setback, parking, unit size, height, and all 33 other City zoning requirements; 34 said the project would be well below maximum density 35 allowed ( 55 units) ; 36 indicated proposed pond in the northern center would 37 continue all current storm water drainage patterns in • 8 1 the neighborhood and probably would be a requirement 2 of the Rice Creek Watershed District; 3 reiterated that because of the parcel' s proximity to •4 the railroad track and because of major soil correc- 5 tions which would be necessary, single family resi- 6 dential development on the site would be economically 7 unfeasible; 8 reported the proposal met the 1980 Comprehensive Plan 9 which showed medium density residential in this area; 10 pointed to the fact that developed lots to the west 11 are 300 feet deep which would leave a major separation 12 between the development and those homes; 13 explained how Tax Increment subsidy of soil correction 14 costs would make the project feasible; 15 reported staff had received four calls related to the 16 ,project - one from the New Brighton City Planner who 17 reported receiving calls from New Brighton residents on 18 Oakwood; the second from a New Brighton resident who 19 requested copies of the plan; and two from Silver Lane 20 residents ; 11 Mr. Oertwich, who lives on Silver Lane adjacent to the 22 property, who had questions about the landscaped buffer 23 of his property and another from another resident who •24 didn' t seem to have strong objections but had questions 25 about how his property would be affected; 26 told Commissioner Werenicz a Tax Increment District 27 would have to be formed to provide soil correction 28 money for the project and that was somewhat up in the 29 air because the legislature was just that day con- 30 side-ing changes which might change how Tax Increment 31 Districts work. 32 Proponents: Vern Hoium, Evergreen President 33 Ursula Sheehy, Vice President and responsible for mark- 34 eting 35 Jim Hill, Planning and Design who had made the prelim- 36 inary drawings presented that evening 37 Steven Yurick, planning consultant. 38 Mr. Hoium reiterated some of the information related to the project 39 which had been contained in the Evergreen memorandum attached to their 40 Petition for Rezoning. He and Ms. Sheehy emphasized the perception 41 they had gained from focus groups and marketing that a number of 42 prospective buyers in the 55 and over age range had indicated a desire .43 to have bedrooms on the first level rather than on multi-levels as in 9 1 the village Townhome project. However, the middle 21 units would have 2 bedrooms on the second level. 3 The target age.. would be from 30 to 70, with buyers without children 4 being the major market, Mr. Hoium indicated. 5 In discussing the poor soil conditions of the parcel with Commissioners 6 Madden and London, the Evergreen President reported receiving a firm 7 bid of $327 , 000 from an excavating company for the removal of 35, 000 8 cubic yards of soil and bringing in 51 , 000 cubic yards of subsoil for 9 compacting to make it suitable for townhome construction. Mr. Hoium 10 reported the excavators had based their bid on four soil borings by 11• Twin City Testing, agreeing with Commissioner Madden that four was not 12 a large number for a parcel that size, . but that it was a preliminary 13 test only. Mr. Hoium said his . firm would only be interested in 14 charging the zoning for this parcel for this particular project. He 15 pointed to the proposed positioning' of the eight buildings shown on the 16 chart erected in the hearing room, saying the configurations could vary 17 and the units could be developed for between one and four bedrooms 18 depending on how the interiors are done. 19 Mr. Hill indicated that although it had not been shown on the plans, 20 Evergreen intended to do some berming and/or planting of trees and 21 shrubbery to minimize the impact of the railroad tracks. He said 22 there are no more than four trains a day through the area and 23 Evergreen had not yet negotiated an agreement with- the railroad company 24 to provide the proposed buffer on their right-of-way. FHA funding 25 would require all units to be at- least 100 feet away from the tracks. 26 The perimeter road would also run between the buildings and tracks 27 Because the tracks would be higher than the project grade, it woul 28 probably require more plantings than berming to adequately screen the 29 project. Commissioner London said he perceived it would be in the 30 interest of the development company to get permission from the railroad 31 company to use a good deal of the soils from the site for berming 32 rather than to pay the contractor for hauling it away. 33 Soil 34 Mr. Hoium told Commissioner Brownell he perceived the soil corrections 35) on this parcel would make it almost impossible to build more than 10 36 single family homes on the site, which would still require extensive 37 soil corrections. The Commissioner estimated that in accordance with 38 the bid which had been made, that would amount of $32,000 in soil 39 corrections per house. 40 The Evergreen President told one of the 20 residents present that the 41 most favorable soil boring on the site had shown bad soils to an eight 42 foot depth. All the really bad soils appear to be in the middle of 43 the site where the pond was going to be built and are bad ,to a depth of 44 28 feet. The area to the south was also quite bad, with all fill and 45 no trees. All fill, which had been brought in but never compacted, 10 • 1 would have to be taken out, Mr. Hoium said. He told Commissioner 2 London the area consisted of soft but probably not swampy soil. 3 One resident said he thought more 'definitive soil information was •4 needed to -prove single family homes would not be feasible. Mr. Hoium 5 told him most of the bad -soil was in the 20 foot depth range. Mr. 6 Hoium also commented that an apartment house would be the most 7 feasible development on this site, with the least amount of soil 8 corrections for the maximum number of units, but no one wanted to see 9 that type of development on the site. All the streets in the project 10 would be private. 11 Drainage 12 Mr. Hill reiterated that the final drainage plan would be up. to the 13 Rice Creek Watershed District but the developers had not yet involved 14 civil engineers in the project. From preliminary studies they knew 15 they had to handle water from the neighboring properties with some sort 'l6 of retention pond which had been briefly discussed with the City. _. 17 Buildings ' Exteriors Discussed 18 Mr. Hill expanded on Evergreen' s application by saying all the 19 exteriors would be maintenance free to steel, vinyl, or aluminum to 20 meet the retired persons demands with predominately narrow boards and 21 use of brick depending on where the unit is located. There would be , 22 asphalt roofs. 23 Ms. Sheehy said she had just finished selling the last 'village 24 Townhouse for Brighton Development. She said it had taken 2-1/2 years •25 to sell the project because those units with all the stairs were just 26 not the type of residences St. Anthony buyers were looking - for. The 27 marketing vice president showed a large book of many pages showing the 28 large number of people who had looked at those units. Half of the 29 buyers were single women, mostly 40 and under and not from St. 30 Anthony, she said, because those floor plans were not what St. Anthony 31 residents wanted. The Evergreen executive said she learned from 32 talking to the St. Anthony lookers that there is a large untapped 33 source of buyers from St. Anthony who don't want to leave the City and 34 would probably be more interested in the floor plans proposed for this 35 project. 36 Commission Hears From Neighbors Who Either Oppose or Had Concerns About 37 the Proposal 38 - Birger Kylander, 4013 Fordham Drive, didn' t want the City to give "a 39 blanket rezoning to the property without specifically knowing what's 40 going in there" . Indicated that if Evergreen didn' t go ahead with 41 their plans, the neighbors could be left with a project like Mirror 42 Lane, which he said looked like "army barracks" . He perceived the 43 conditional use permit process should be used in this case. 11 • 1 Manager -Proposes Holding Up Final Rezoning Reading 2 Mr. Childs suggested another process whereby the Council could pass th 3 first two readings of the Rezoning Ordinance, leaving the third to b* 4 passed after the City has come to an agreement related to tax increment 5 funding and final design when the building permit is- ready to be issued 6 for a project the City bargained for. The City would also have a 7 specific redevelopment agreement with the developer. He added that 8 conditional zoning was another issue being considered in the 9 Legislature right now and the city wouldn' t know for a couple of weeks 10 just what it was going to be allowed to do relative to conditional 11 zoning. 12 Mr. Hoium said that would be no problem for Evergreen, who 13 specifically wanted the zoning predicated on this particular project. 14 "North End Study" Doesn' t Sup ort Limiting Development -to Single Family 15 Homes 16 Mike McGinn, 4021 Fordham Drive, asked for the above document, which 17 the City Manager brought from the front offices. Mr. McGinn indicated 18 disappointment not to find the document supporting 18 to 20 single 19 family dwellings on that site, perceiving pilings might be one option 20 for such a development. 21 Keith Gordon, 4012. Fordham Drive, commented that it took less grading 22 for single home dwellings than for townhomes. 23 Hal Rodgers, 4011 Fordham Drive, indicated he understood the Count 24 and State had been paying to haul that fill into that site and it no 25 sounded "quite ridiculous" for the City to have to subsidize the fill 26 removal. He said he had heard the City planned to put a park in that 27 area at one time. He also questioned whether there would be enough 28 space for parking on the site, which, without adequate spaces for 29 visitors, he said could create traffic blockage on the streets. 30 Mr. Hill explained the aerator system which would keep the bond from 31 becoming stagnant and devices which would be used to protect that 32 equipment during the winter to Mrs. Morris Hall, 4020 Fordham Drive. 33 He said the generation of the pond would be the responsibility of the 34 homeowners association. 35 The process of tax increment financing was explained by Mr. Childs for 36 the benefit of John White, 3404 Silver Lane. He said the Council has 37 to justify the use of these funds, but in this case, he perceived that 38 would not be hard to do considering how long the property had 39 remained undeveloped and the condition of the subsoils. He also said 40 he perceived the Council was very conservative when it came to this 41 type of funding, but would prefer having the site developed for owner- 42 occupied townhomes rather than condos or apartments, which could be 43 built there under the multi-residence classification the Comprehensive 44 Plan has envisioned for the site. The Manager pointed out how the 12 is 1 tax increment funding had worked to get 29 townhomes built on the 2 property at 33rd and Old Highway 8 where there had been- a business 3 which the neighbors found very objectionable. He said taxes from that 4 project would probably pay off that indebtedness in about six more 105 years. 6 Mr. Hoium told Richard Oertwich, 3408 Silver Lane, he was certain the 7 building proposed to be built closest to his property could easily be 8 repositioned to allow more than a 10 foot setback between properties or 9 a 3 unit building substituted for the large one in the plan. He also 10 verified that a one story structure was planned in that location unless 11 the buyer wanted to add another second story bedroom. Mr. Hill pointed 12 that there would be windows and not just blank wall on that side of the 13 building, which would be pretty much typical of a single family home. 14 He said that unit is 38 feet long, but has a 22 foot long garage, .15 making it 60 feet long. He also said the normal front yard setbacks 16 would be maintained with this development. 17 Mr. McGinn indicated he could understand why the developer -wanted to 18 get some sort of approval before he spent any more money on the 19 project, but he was also concerned about changing the zoning before 20 more specifics were added. He was also concerned about an increase 21 of traffic on Fordham from 37 additional residences. He said the 22 1973 study had proposed a variety of uses for this land, including 23 single family homes , but he hadn' t been able to -find specific reference 24 to the 15 homes he thought had been considered at that time. The 25 property owner warned that the attitude of those present would probably 26 not be as mild if apartments were ever . proposed for that site as had 27 been "sort of threatened" .several times that evening. •28 Richard- Puffer, 4025 Fordham Drive, said he had lived in this area over 29 30 years and on the long narrow lot next to the Oertwich' s for the last 30 10 years. Mr. Puffer said ever since he bought the property he had 31 intended to sell off the back lot or build a smaller home in the back 32 for himself. He therefore wanted the site to stay the way it is. 33 Mrs. Thompson was assured that there was no reason to channel traffic 34 out on Fordham with a 44 foot wide street like Silver Lane designed as 35 the main thoroughfare. She said as long as that didn' t happen, she 36 could bear the increase which might happen on 39th. 37 Mr. Childs said that he was quite certain the Council would never want 38 to see an east/west connection made between Old Highway 8 and Silver 39 Lake Road on Silver Lane. -40 The City Manager said although he had at first said this was generally 41 aimed at the 55 and older market, he perceived it was also targeted at 42 young professionals without children and "empty nesters" because no 43 amenities for children had been proposed. 44 Allan Reid, 4001 Fordham Drive, said he owned the largest piece of . 45 undeveloped property south of this site and he asked whether _ the City 13 1 was going to "trap all that property in there?" . Mr. Hoium said all 2 entrances to this project would empty out on Silver Lane with goo 3 access to both Silver Lake Road and north to County Road E. He tolls 4 Mr. Reid with his lot extending from Fordham to the railroad track, his 5 back land was landlocked now and that wouldn' t change with this 6 development, but that he did have access to Fordham. Relative to 7 parking, Mr. Hoium said each unit would have a two car garage with two 8 parking places beyond that. He said there would be a fair amount of 9 green area left over,. but he doubted whether the neighbors wanted to 10 see that blacktopped. He said the 25 foot wide streets should be wide 11 enough to accommodate cars parking at least on one side. 12 Mr. Hoium told the neighbors the developers would be glad to make 13 adjustments like moving the building on Silver Lane Further east as 14 requested by the neighbor. He pointed out that 37 units was a 15 comparatively low density for the property and he perceived the project 16 was a good and attractive utilization of this land which was too nice 17 not to be utilized for the benefit of the City. The Evergreen 18 President added that he perceived these units, with a market from 19 $90, 000 to $120, 000 , were commensurate with the housing in St. 20 Anthony Village, which the average home value in the City. 21 Mr. Hoium told Commissioner London they would hope to blend the grades 22 on the west side right in with the adjoining properties and said with 23 300 foot lots there would be at least a 100 foot buffer provided on 24 those yards only one of which has a garage to the rear. Mr. Hill said 25 the existing grades would probably be maintained in Silver Lane with 26 walkout (or walkup) entrances where the grade is steep, therebe 27 maintaining the existing drainage flow. 28 Chair Wagner commented that the Planning. Commission was only interested 29 in a - concept plan for the _ project at this point, but the developer 30 would have to provide both detailed landscaping and drainage plans 31 before the final reading was given to the rezoning ordinance if that 32 was the way the Council went. He also reiterated that the Rice Creek 33 watershed District would see to it that the drainage wasn't 34 detrimental to any adjoining properties. 35 The hearing was closed at 10: 35 P.M. , for consideration of a Commission 36 recommendation to the Council. Commissioner London agreed that this 37 would be a much nicer project than the one on Old Highway 8 and he 38 said he was surprised at the value of the units considering they would 39 be next 'to a railroad track. 40 Mr. Childs commented that as a ' practical matter, townhomes this 41 expensive were unlikely to be rented out. Ms. Sheehy said most 42 townhome association bylaws forbade renting except under very special 43 conditions. 44 The Commission reaction to the plan was quite favorable as long as 45 safeguards were built into it later in the process. There was little 14 •1 expectation that the land would ever be developed for single family 2 homes. 3 Commission Recommendation 4 Motion by Madden, seconded by London to recommend that the City Council 5 change the zoning from R-1 (single family dwelling) to R-3 (townhome) 6 for the 37 unit townhome project proposed to be constructed by the 7 Evergreen Development Corporation on the parcel legally described as 8 Lots 1 , 2 , and 3 , Block 4 , Mounds View Acres, Ramsey County, MN and 9 Block 2 , Mounds View Acres , Ramsey County, MN and generally described 10 as a vacant parcel 5 . 3 acres in size located east of Fordham Drive, 11 south of Silver Lane and west of the Soo Line Railroad tracks. The 12 commission recommends the zoning be changed on the condition that: 13 1. The Zoning Ordinance not be put into effect until detailed plans 14 have been received from the developer to include berming along 15 the railroad track area; trees and shrubbery along the western 16 edge of the property; and an increased sideyard setback on the 17 northwest% corner. 18 2. Drainage would be subject to City engineering approval. 19 In recommending this zoning change, the Planning Commission finds that: 10 A. There will be speakers both for and against the proposal present U at the April 19th hearing on the proposal. • I 22 B. The proposed use appears to be the best utilization of that pro- 23 perty and is in conformance with the Comprehensive Plan. 24 Motion carried unanimously. 25 St. Anthony Shopping Center Signage 26 Commission Recommends Against Further St. Anthony Shopping Center 27 Signage 28 The hearing to consider a request for a variance from the City Sign 29 Ordinance from the Eberhardt Company for a 1019" X 16 ' tenant 30 directory wall sign to be installed on the northwest wall of the north 31 shopping center building to face Kenzie Terrace opened at 10: 50 P.M. 32 Chair Wagner -read the notice of the hearing which had been published in - 33 the April 6th Bulletin sent to all property owners of record within 250 34 feet of the subject property. No one present reported failure to 35 receive the notice or objected to its content. 36 Application: from the shopping center managers for a 172 square 37 foot directory sign at the end of the old Brown Photo 38 location on which the names of the center businesses 39 would be listed individually in four inch letters. 15 1 5 . Noise would be kept at the level where there would be no annoy- 2 ance cf adjacent businesses or residences and external speakers , 3 would not be permitted. is 4 6 . The arcade will be owned, operated and controlled by Michael L. 5 Bonaventura and if the ownership, operation, or control changes, 6 the permit would terminate unless the new owner and operator was 7 approved by the City Council after review of the credentials and 8 qualifications of the new owner and operator. 9 7 . Occupancy would be strictly limited to the number of persons 10 specified by the Fire Marshal. 11 8. The number of amusement devices would be limited to 34 for this 12 establishment. 13 In granting this permit , the Council finds , as did the Planning 14 Commission, that: 15 a. Staff and City officials have received a number of letters sup- 16 porting the permit and there were a number of residents from 17 that area present at both the April 19th hearing and the Council' s 18 April 26th meeting who were in favor of the establishment. 19 b. No one spoke against the permit at either meeting and neighbor 20 and- Commission concerns about how the operation would be run were 21 addressed as conditions for approval. 22 c. The three conditions required to be satisfied -before a conditional • 23 use permit may be authorized have been met with this approval. 24 Motion carried unanimously. 25 Shopping Center SiQnaae Request withdrawn 26 Mr. Childs indicated the applicants, perceiving that with the 27 Commission' s opposition to further center signage without a uniform 28 signage plan, it would be more than likely that the Council would deny 29 their request, had withdrawn their application prior to the meeting. 30 Council Accepts Concept Plan for 37 Unit Evergreen Townhomes of St. 31 Anthony Project = 32 Perceiving that almost all the issues involved .in the above had been 33 well covered in the minutes of the April 19th Planning Commission 34 hearing, Mayor Sundland called on Curtis Nordahl, 3513 Skycroft Drive, 35 who owned a landlocked piece of property adjacent to the railroad 36 tracks and four lots east of the subject property and had not attended 37 the Commission hearing. 4 1 business to succeed Mr. Bonaventura at that location. Thcse concerns, 2 which -the Commission . representative indicated were shared by the 3 Commissioners , had been written into the Commission recommendation that 4 the Council crant the permit, Chair Wagner said. He also indicate* 5 the Commissioners had found this to be a very unique establishment, 6 having no knowledge of any other quite like it. 7 City Attorney' s Guidance Sought Relative to Condition 46 8 The Commissioners had expressed some uncertainty as to how the above 9 should be written to address the concerns about what might succeed Mr. 10 Bonaventura once a permit for that type of business had been 11 established for that location. Mr. Soth suggested language which would 12 require any successor to meet the same criteria related to character, 13 past history, etc. which had been required of the applicant, which the 14 Council adopted for their motion -wh'-ch was then read aloud by the 1.5 Planning Commission Chair for the benefit of those perscns who were 16 present again that evening. One of these , Ruth Thompson, 3015 - 39th 17 Avenue N.E. was assured that by specifying hours of operation, the City 18 would not be preventing Mr. Bonaventura from opening later or closing 19 earlier, if business warranted. 20 Council Action 21 Motion by Marks, seconded by Makowske to grant Michael L•. Bonaventura, 22 DBA Bono' s Malt Shop and Arcade the necessary conditional use permit to 23 operate the establishment he proposed in the southwest corner of the 24 free-standing building formerly occupied by N..A.P.A. Auto Parts Store 25 at Apache Plaza under the following conditions: • 26 1. Hours of operation would be from. 11 : 00 A.M. to 11 : 00 P.M. , Monday 27 through Thursday during times District 4282 schools are not in 28 session and from 11 : 00 A.M. to midnight Friday and Saturday and 29 from noon to 10 :00 P.M. on Sundays. During the time that the 30 schools are in session, the arcade can be open from 11: 00 A.M. to 31 10: 00 P.M. , Monday through Thursday; 11: 00 A.M. to midnight Friday 32 and Saturday; and from noon to 10: 00 P.M. Sunday. 33 2. A minimum of two supervisory persons, easily recognizable as such, 34 whose ages are at least 21 , would be on duty at this location 35 whenever the establishment is open. 36 3 . The malt shop/arcade shall be designated as a smoke, alcohol, and 37 drug free environment. 38 4. During the first year of operation, the establishment will be 39 subject to review at the discretion of the City and thereafter, 40 on an annual basis with input from the Police Chief based on 41 statistics on the number and nature of calls his department has 42 to make to the establishment. 3 1 Mr. Nordahl, whose property was beyond the radius cf properties '2 required by law to be notified of the hearing, said he had not learned 3 until the previous Thursday about the townhome project which he 4 perceived would have an .adverse effect on this property. • 5 Mr. Nordahl contended: 6 *the City had some responsibility for providing access to a 7 buildable lot they had allowed to be platted; 8 *throughout the March 20 , 1967 survey of his lot , copies of 9 which he had provided showing a possible cul du sac road ease- 10 ment indicated the City' s intent at that time to build a street 11 connecting his property to Silver Lane; 12 *conceded that he had previously also owned lot 04 which abuts 13 Fordham Drive and which is adjacent to the now landlocked lot 14 when he sold lot 4 ad kept the landlocked lot , the Torrance 15 papers made no references to' a road and he knew of no further 16 easements which had been granted since 1967 ; 17 , 18 *told Cou'ncilmember Enrooth he hadn' t gotten a legal opinion as 19 to how access would be provided either before or after he split 20 off the back section but had been told during the period he 21- lived on Fordham Drive that it would only be a matter of time 22 before the three oversize lots next to him would be subdivided, 23 at which time the City would certainly provide access to those 24 new homes . 2.5 Mr. Nordahl had brought with him a copy of the North End Study done in • 26 1973 on which a division line had been drawn through the undeveloped 27 properties. 28 Staff Responds to Property Owner Assertions 29 Mr. Childs indicated he had researched City documents to find 'any 30 which pertained to this issue. The only Council action he could find 31 had been a motion in 1961 in which the Council had "approved the 32 • Villella Plat Addition subject to a read easement which would provide 33 access for the properties adjacent to the Soo Line railroad tracks. " 34 The City Manager reported those minutes had included no further 35 discussion of the motion which might indicate where the lots were or 36 where the street would come from although it seemed the road would 37 come down from Silver Lane and split existing properties right in the 38 middle. 39 Unfortunately, shortly after that the Council had gone ahead and 40 approved the Ed Erickson addition on Silver Lane with two lots on which 41 there are no homes and from which each property would have to dedicate 42 at least 30 feet if a 60 foot City street were to be built to this 43 property. Since- 1967 , Mr. Childs said he could find no other roadway 44 access was ever platted, dedicated, or acquired for that purpose and 5 1 there is at least one garage built over the space where any such 2 roadway would ever be built . 3 Mr. Childs concluded by saying that even if the Council in 1967 hao 4 intended to build the connecting roadway to Silver Lane, no one ever 5 went ahead and got the right-of-way so now the one-eighth of a circle 6 road easement shown on Mr. Nordahl' s property is the- only one the City 7 has in that area. 8 Mr. Soth told Mr. Nordahl if he were* to gain access to Silver Lane, he 9 would have to acquire easements from the owners of Lots 5, 6 , 7 , 8, 9 , 10 10, and 11 to do so. The City Attorney also told the property owner 11 that as long as he owned the lot on Fordham Drive, he had legal access 12 to that street from the back of his (the property owner' s ) own 13 property, but when Lot 4 was sold, a landlocked piece of property was 14 created. He also told Mr. Nordahl *he could have sold Lot 4 subject to 15 an access easement. 16 Mr. Soth guessed that when the Council in 1967 had in mind was that if 17 the three very deep lots , 8 , 9 , and 10 , were ever subdivided for 18 development, a- road would probably have to be provided between the old 19 and new parcels . He said the City did what it could during that period 20 by getting a road easement on Lot 5 when it was subdivided but that 21 was as far as the City could go until the owners of the rest of the 22 undeveloped properties cam in to have their properties subdivided. He 23 perceived that with the Erickson addition already built up, the only 24 option the City had today would be to require the townhome developers 25 to provide a public street through their development. 26 In reference to the 1973 North End Study, Mr. Childs pointed out th 27 the 1980 Comprehensive Plan showing multi-family housing for that area 28 had superseded that earlier study. 29 Council Reaction 30 Ranallo looked at the North End Study and suggested the division line 31 might have been drawn in after the study was completed because it was 32 not done in white like all other planned streets had been. He also 33 pointed out that the line didn' t even extend the full distance to Mr. 34 Nordahl' s property but veered off instead to the railroad property. 35 Mr. Nordahl said access to his property from along the railroad track 36 would be impossible because he property was 20 feet higher than the 37 tracks. 38 The Councilmember observed he had the same type of situation with his 39 own property which he had purchased with an extra 70 X 100, feet to -be 40 used for backyard while his family was growing up. He said that parcel 41 would be landlocked if he ever wanted to sell it and he would not 42 expect his neighbors to give up their own property to give him an 43 access. And, the City would certainly have no responsibility to take 44 an easement from them either. 6 d 1 Councilmember Makowske there would be no problem increasing the 2 sideyard setbacks next to Mr. Oertwich' s property as requested by the A neighbors. • 4 Mr. Hill told the Councilmember the site could accommodate a private 40 5 foot wide road but a 60 foot wide public street would leave inadequate 6 setbacks for the adjoining townhome units: 7 Mr. Hoium indicated 37 units were all his firm believed they could 8 handle at this time but if they were successful in selling those right 9 away, he could see the possibility of adding 15 or more units to the 10 undeveloped land to the south for which a private road could probably 11 be negotiated to connect with the street through this project accessing 12 onto Silver Lane. 13 Mr. Childs interjected at this point that he had calculated thee would 14 be .a little more than three acres of undeveloped land available on Lots 15 5 , 6 , and 7 , which would mean no more than about 21 townhomes at the 16 density Evergreen was proposing for their current project. 17 Project Name Changed to Evergreen Townhomes of St. Anthony 18 Mr. Hoium said the name change had been made when the presence of a 19 Silver Oaks residential project close by was drawn to their attention. 20 Council Action 21 Motion by Enrooth, seconded by Ranallo to follow the recommendations 22 of - the Planning Commission and to authorize the City Attorney to • 23. prepare the ordinance which would be necessary to change the zoning 24 from R-1 (single family dwelling) to R-3 (townhome) for the 37 unit 25 townhome project proposed to be constructed by the Evergreen 26 Development - Corporation on the parcel legally described as Lots 1 , 2, 27 and 3 Block 4 and Block 2 , Mounds View Acres 2nd Addition, Ramsey 28 County, Minnesota, and generally described as a vacant parcel 5 . 3 29 acres in size located east of Fordham Drive, south of Silver Lane, and 30 west of the Soo Line railroad tracks. As recommended by the Planning 31 Commission, the zoning would only be changed on the conditions that: 32 1 . The Zoning Ordinance not be put into effect until detailed plans 33 have been received from the developer to include berming or 34 screening along the railroad track area; trees and shrubbery 35 along the western edge of the property; and an increased sideyard 36 setback on the northwest corner. 37 2. Drainage would be subject to City engineering approval. 38 In allowing the rezoning process to be started, the Council finds, as 39 did the Planning Commission, that: 9 • 1 A. Viewpoints of both those who favor and those who oppose the pro- 2 ject had been thoroughly explored during the April 19th Commission 3 hearing and the Council meeting April 26th. 4 B. The proposed use appears to be the best utilization of that pro- _ 5 perty and would be in conformance with the 19-80 Comprehensive Plan 6 for that area. 7 C. The Planning Commission gave unanimous approval to the request. 8 Motion carried unanimously. 9 NEW BUSINESS 10 As a courtesy to Lloyd Peterson, .project engineer from Rieke-Carroll- 11 Muller Associates , the consideration of bids on the St. Anthony 12 Boulevard reconstruction project was moved up on the agenda. 13 ST. ANTHONY BOULEVARD/KENZIE TERRACE PROJECT BID CLOSE TO $150 ,000 14 UNDER ENGINEER'S ESTIMATE 15 Mr. Childs drew the Council' s attention to the fact that the low bid of 16 $256 , 248. 67 from Ashbach Construction Company had come in almost 17 $150, 000 under a very conservative engineer' s estimate of $400 ,000 to 18 do the project. The City Manager indicated the following about that 19 bid: 20 *the low bidder had furnished the City with a written statement • 21 that their failure to acknowledge Addenda #1 would not mean 22 - they would make any claim for additional compensation on the 23 project; 24 *both the City Attorney and RCM' s attorney had verified that the 25 contractor ' s failure to acknowledge receipt of the addenda would 26 not void the bids; 27 *addenda 01 had changed the time schedule for concrete work for 28 driveways on Kenzie Terrace where traffic signals are to be 29 constructed to extend the completion date until August. when the 30 contractor would finish both sections of the project but would 31 require a substantial portion of the Kenzie Terrace project to be 32 completed by May 31st rather than totally completed by that 33 date. No other project time schedules or penalties had been 34 amended; 35 *Ashbach was able to bid the job lower because they were the 36 only bidders who had their own concrete and blacktop recycling 37 operation and many of the other bidders might have had to have 38 them do the recycling work for them; 39 10 • 1 Enrooth told Mr . Nordahl he certainly would have thought his attorney 2 would have advised him that his abstract did not provide for any 3 easements for a road in . the first -place. He also -noted that it had 4 taken 21 years for the owners of lots 5 , 6 , 7 , 8 9 , and 10, who all • 5 - might have land they might want to develop to raise concerns about 6 access to their properties. 7 Sundland pointed out that besides having to dedicate their property 8 to the City for a roadway, the property owners between Mr. Nordahl' s 9 property and Silver Lane would also be agreeing to being assessed for a 10 street as well as sewer and water lines which now runs between $35 . 00 11 and $40 . 00 a foot. However, that would certainly have to be done if 12 any of the oversize or vacant lots are ever to be subdivided to put 13 houses next to the railroad track and if the area is developed as a 14 whole , the developer would probably have to provide access to Fordham 15 Drive. 16 Makowske pointed to the resistance to a roadway for the townhome 17 project accessing on Fordham Drive which had been demonstrated by the 18 homeowners on Fordham during the hearing. 19 Marks perceived that what needed to be done now was to have all the 20 owners of undeveloped property get together to try to resolve their 21 access problems so they could develop their property individually or 22 collectively. 23 The general consensus was that it would not be economically feasible 24 for the City to put in a street, - sewer and water for the number of 25 single family homes which ' could be developed on the vacant property in • 26 that area. However, Mr. Childs indicated, that it 'is understood at 27 staff level that whenever the largest property owner came in to get his 28 property subdivided, a discussion of an access road would have to be 29 included in the discussions of the subdivision. He assured Mr. Nordahl 30 that the City would make its best efforts to provide for his access 31 when the adjoining land is developed. 32 No. Unanimity Evident .in Neighborhood 33 Allan Reid, 4001 Fordham Drive, said he had *not had opposition to the 34 townhome project per se but as the owner of the largest lot ( #7 ) , he 35 had some questions about landlocking all that property with the 36 development. - He said communication with the owner of the two 37 undeveloped parcels , Lots 5 and 6 , had been difficult and he understood 38 the property owner had already turned down a request from a developer 39 who wanted to develop the entire parcel. When the property owner 4.0- pointed to a similar situation with oversize lots along Silver Lake 41 Road between 30th and 31st, he was told those owners were adamant about 4.2 not having an east/west street continued through their properties. 43 Mr. Childs reported Lots 8, 9, and 10 had already been cut into six 44 62. 25 X 300 foot long lots and Mr. Puffer, who owns the north one-half 4-5 of Lot 10 , had indicated at the Commission hearing that 'he might want 7 • i 1 to build another house on the back portion of his lot some time in the 2 future . However , one of the residents in the Erickson Addition on 3 Silver Lane , had indicated to him that one of the things he liked abo 4 the Evergreen proposal was that it would prevent the properties behin 5 him from being split in two. 6 John white, 3404 Silver Lane, said he was one of the Erickson Addition 7 property owners (Lot 1 ) and his neighbor, Richard - Oertwich' s main 8 concerns were that the developer make the building adjustments and 9 provide the screening for their properties promised at the Commission 10 hearing, so "we won' t have to look at a long, blank townhouse wall. " 11 Mr. white said he didn' t thi-nk either of them would -like to have a 12 street running next to Mr. Oertwich' s property either. 13 Mrs . Monroe Hall , 4020 Fordham Drive, wondered whether traffic from 14 the . undeveloped lots would be accessing off Fordham, saying she 15 perceived private homes back there wouldn' t be the problem an 16 apartment house or townhomes might be. _ She was told there was a 17 possibility that the same developer might want to purchase all that 18' land -for more townhomes and in- that event a private road would 19 probably be developed to provide those residents with a Silver Lane 20 access . The property owner was also assured that although the R-3 21 zoning would probably remain once it was changed, the City' s intent now 22 is not to delay the final reading of that ordinance until after a 23 redevelopment agreement is signed with the developer who would have to 24 also provide a Letter of - Credit to assure the project would go forward. 25 No final rezoning would be done until all those conditions were met. 26 Mr. Soth told Mrs. Hall that even with an R-3 zoning, nobody coin• 27 build townhomes there without subdividing the property for that 28 purpose, which would require Council approval after another public 29 hearing before the Planning Commission. 30 Evergreen Developer Says Not Ready to do More Than 37 Units At This 31 Time But Expansion of Townhomes Could Be a "workable Possibility" in 32 the Future 33 Vernon Hoium, Ursula Sheehy, Jim Hill, and Steven Yurick, were again 34 present to indicate the Evergreen Corporation' s interest in providing 35 the above with tax increment financing of the necessary soil 36 corrections. Mr. Hoium reacted to the concern that soil corrections 37 might prove too big for his project by reiterating Evergreen had 38 already received a firm bid not to exceed $327 ,000 from a very 39 reputable firm to make any soil corrections which would be necessary .40 for the townhome project. He said he had no reason to doubt they 41 would be able to perform as promised and reaffirmed that Evergreen 42 can see no reason for not following through on their proposal to 43 construct 37 townhomes . on that site after the soil corrections are 44 made. The Evergreen President requested the Commission recommendation 45 be modified to allow the developers to "berm or screen" the project 46 along the railroad track, saying the elevations at some points made 47 planting trees and shrubs more feasible than berming. . Mr. Hoium told 8 SILVER LANE r` I I:� �� .• I ��..r t,:; —._ SITE LOCATION •mot rep loz E—Z iz- ELL '.•• •. ice. .�: r – – _ _ `� - � - r,/,. P i is ,�. r aQ• t��� Ills SITE LOCATION MAP 1 PRELIMINARY SITE PLAN 1•De�2d tL r ,;;c�e ckcc ,) ease me / — r — 2, CW'�W o� �crtham' 1'=40'0' SILVER OAKS 1/ ST. ANTHONY, MINNESOTA Q,Y,� (�(a►�nl n Com m,' Ss) O-V� 6y) • s 6 ain t ills e ho n ATE : APPROVAL. ' October 14 1988 TO : Planning Commission Members FROM : David M. Childs City Manager I TEM : REQUEST FROM MINNESOTA SCIENTIFIC On August 18, 1987 the Planning Commission recommended that Minnesota Scientific be allowed a 12 X 56 foot temporary office at 3839 Chandl- er Drive. The Commission recommended that the trailer be removed no later than December, 1988, and within 10 days of Minnesota Scientific vacating the building. The City Council approved the recommendation of the Commission, but gave an earlier deadline for removal of the trailer at October 31, 1988. The applicants state that their move to a new location has been delayed a few months and they are asking for an extension to the permit deadline. Their attached letter and the minutes from the previous meetings should bring you up to date on this. We have received no calls either for or against this request. :cjk10. 18. 88 DONATELLE PROPERTIES 401 COUNTY RD.E-2 WEST NEW BRIGHTON.MN 55112 (6121633-4200 • September 19, 1988 City of St. Anthony 3301 Silver Lake Road St. Anthony, Mn. 55418 Attn: Mr. David Childs Re: Property @ 3839 Chandler Dr. We are the owners of the building at 3839 Chandler Drive. This building has been leased to Minnesota Scientific for the past three (3) years. Because of a need for extra space, Minnesota Scientific found it necessary to add a "temporary" mobil office on the property. This was granted to them by the City of St. Anthony thru 10-31-88. Minnesota Scientific' s lease with us at 3839 Chandler Drive, expires on 1.1-30-88. However, we are negotiating to lease space to them at our New Brighton facility. The space in New Brighton is currently leased by our tenants thru 12-31-88. There is some renovation and remodeling needed and this space probably won' t be available to Minnesota Scientific until February or March 1989 . In order to assure a smooth moving process, as well as secure this • lease, .we find it necessary to request this extension of the Special. Use Permit until April 1 , 1989. We, of course, in the meantime, will be actively seeking to lease out the building at 3839 Chandler Drive. We take pride in our property and assure you that this building will be leased to a company that St. Anthony will be proud to have as. part of their community. Thank you in advance for your co-operation. If you have any questions, please do not hesitate to call. Yours very truly, A,; Michael J. Donatelle Charles S. Donatelle mjd/bjd • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony'on Tuesday, October 18, 1988 at 7:50 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Minnesota Scientific, Inc. , 3839 Chandler Drive, for an extension to the existing special use permit #14-87 which allows a 672 square foot temporary mobile office on the east side of the build- ing at ,that location. The applicants request a 5 month extension from the current deadline of October 31, 1988. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: October 5, 1988 • John Mezzenga Marshall Screw Products Apache Print 3813 Chandler Drive N.E. 3820 Chandler Drive N.E. 3819 Chandler Drive N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Happy's Potato Chip Co. Village Properties Mirror Lake Condo Association 100 Chandler Drive n.E. c/o Ken Solie 4000 Foss Road N.E. �. Anthony, MN 55421 2817 Silver Lane St. Anthony, MN 55421 St. Anthony, MN 55421 J. R. Gould & Sons Bernard Blanske Russell Teske 3820 Foss Road N.E. 3829 Foss Road N.E. 1100 PC Hwy. 2, Ste. 93 St. Anthony, MN 55421 St. Anthony, MN 55421 Hermose Beach, CA 90254 Re: 3821 Foss Road Fudali et al Law Firm Phyllis Fudali William G. Graff Mark Jurkovich 2408 Central Avenue N.E. 3824 Foss Road N.E. ! 3753 Foss Road N.E-. Minneapolis, MN 55418 St. Anthony, MN 55421 St. Anthony, MN 55421 Re: 3759 Foss Road N.E. j Lezlee Hustad Ric er Robert Patterson 3755 Foss Road N.E. 3757 Foss Road N.E. 3761 Foss Road N.E. St. Anthony., MN 554217' St. Anthony, MN 55421 St. Anthony, MN 55421 Leo Zaworski 3763 Foss Road N.E. St. Anthony, MN; 55421 • Mailing List for 3839 Chandler Drive i / 9F7 1 Motion by Marks , seconded by Enrooth to approve payment of $9 ,0.00 2 to School District #282 for the City' s use of the Parkview • 3 facilities during July, August , and September. 4 Motion carried unanimously. 5 Motion by Ranallo, seconded by Marks to approve payment of 6 $45 , 552 .00 to Fullerton Lumber of materials used in the liquor off 7 sale addition. 8 Motion carried unanimously. 9 Motion by Makowske, seconded by Marks to approve payment of 10 , $24 , 896 .08 to the Metropolitan waste Control Commission for sewer 11 services during August. 12 Motion carried unanimously. 13 REPORTS 14 AUGUST 11 , 1987 PLANNING COMMISSION MINUTES - ROSEMARY FRANZESE 15 Request for Zoning Ordinance Amendment for Additional Caretaker 16 Unit in Mini-warehouse Facility Postponed Until September 17 The Planning Commission Chair reported the above had- resulted from i8 a request from the applicants.- • 19 Three to Two Vote Grants Minnesota Scientific Request for a 20 Temporary Mobile Office at 3839 Chandler Drive 21 Application: for a Special Use Permit to allow Minnesota Scient- 22 ific to locate a 12 foot X 56 foot temporary 23 mobile office on the east side of the building 24 the firm leases from Donatelle Properties at the 25 above address until December, 1988. 26 Supporting 27 documents: same as had been provided the Planning Commission. 28 Commission Franzese reported the major portion of the Com- 29 recommenda- mission' s discussion had been related to how long 30 tion the trailer would remain on the premises once the 31 lessees had left ; 32 indicated Commission had recommended the permit 33 be granted under the conditions reported in the 34 minutes. 35 Proponent: Bruce Leyahn , President of Minnesota Scientific 2 • I told Mayor Sundland his move to New Brighton was 2 only a possibility because negotiations with Dona- 3 telle to provide his firm with a new building was 4 still in the talking stages; 5 6 reiterated his lease wouldn't expire until October 7 31 , 1988 and he had only requested the City set a 8 December date for the trailer ' s removal so he 9 could have some leeway if the building he was 10 moving to wasn' t ready yet; 11 agreed with Councilmember Enrooth that there were 12 empty office spaces in the area but said an 13 attached office would provide better communication 14 with the sales and marketing staff who would be 15 housed in the trailer; 16 indicated Mr. Childs had been right when he said 17 Minnesota Scientific had grown much faster than 18 had ever been anticipated and at first had been 19 disappointed when Donatelle had refused to sign 20 a five year lease with them. Now, of course, 21 they were happy not to be held to a longer lease 22 on a building which they had outgrown; 23 reported Donatelle had unsuccessfully sought to 24 buy the property behind their building and had 25 been forced to move out of St. Anthony for their � 26 own expansion purposes; 27 indicated his firm had_ not even begun to explore 28 just how much additional square footage they might 29 need by next year, but certainly wouldn' t fore- 30 close the possibility of relocating in 31 St. Anthony; 32 said he had only tentatively considered a New 33 Brighton location because Donatelle had indicated 34 they considered his company to be good tenants 35 and might be able to provide the needed space in 36 the additional property they are constructing in 37 New Brighton. 38 Council Makowske said she recalled when the City had 39 reaction: allowed Central Engineering to have a similar 40 trailer on their property, it had been because 41 they were adding to their existing building and 42 she thought this was an entirely different case; 43 indicated she was uncomfortable with granting a 44 permit in this- instance. • 3 1 Enrooth agreed, saying he couldn' t see why Minne- 2 sots Scientific couldn' t just find other office 3 space which was plentiful in St. Anthony; 4 agreed the whole building vacated by Medtronics 5 would be too large for Minnesota Scientific but 6 said he understood Medtronics was considering 7 parceling it out for some sort of medical complex. 8 Ranallo said he could see Councilmember Makowske' s 9 point that the City wouldn' t want a sudden pro- 10 liferation of trailer offices which would make 11 St. Anthony look "junky; " 12 told Councilmember Enrooth Medtronics wanted to 13 sell the whole building and let somebody else 14 parcel it out; 15 was told by Mr. Childs that the R. L. Johnson Com- 16 pany had about 150 of its office workers in the 17 building on a temporary basis. 18 Marks stated he considered this to be a reasonable 19 request because Mr. LeVahn still has another year 20 on his lease which he probably wouldn' t want to 21 break just to get additional space; 22 commented that if he were in charge of this firm, 23 he would also find split offices very unmanageable 24 and would want to have all his staff consolidated 25 under one roof ; 26 said he would have no problem at all approving 27 this request. 28 Makowske said she did have a problem with grant- 29 ing this request because the Council had just 30 passed an ordinance preventing vehicles from being 31 parked on lawns' and now "we' re going to let a 32 business park a trailer on the lawn. " ; 33 told Mr. LaVahn she recognized it would be much 34 .better for him to have all his staff at one site; 35 but 36 said she didn' t see the justification for trailers 37 all over in St. Anthony just to accommodate the 38 businesses; 39 indicated this would not create the kind of atmos- 40 phere she would like to see; 4 • 1 concluded by saying, although she perceived the 2 Planning Commission had been careful to impose •3 good conditions on the permit, she still opposed 4 the concept. 5 Marks responded by saying the picture of the Gelco 6 trailer in the agenda packet certainly didn't look 7 "junky" to him and the Planning Chair had 8 indicated it would fit attractively next to the 9 building. 10 Franzese responded by pointing out that the 11 trailer would be the same width as the building 12 so it shouldn' t give the impression of just beinq 13 added on and shouldn' t detract from the appearance 14 of the neighborhood;' 15 reported the only response from that neighborhood 16 .had been from the next door neighbor who said he 17 was only concerned that the trailer be removed 18 when the firm moved and was not opposed to its 19 placement under the conditions the Commission 20 recommended be imposed upon granting the permit. 21 Sundland said he recalled a similar instance where 22 the City had allowed Medtronics , who had outgrown '3 their building in St. Anthony, to. put a mobile 0-4 office next to their building until their building 25 in Fridley was completed; 26 indicated he shared Councilmember Makowske ' s con- 27 cerns but tended to agree with the Planning Com7 28 mission that , if all the conditions the Commission 29 recommended are met and the trailer is removed 30 when the company moves, the permit should be 31 granted. 32 Council Action 33 Motion by Ranallo, seconded by Sundland to grant a special Use 34 Permit to Minnesota Scientific which would allow that company to 35 temporarily install the 672 square foot mobile office they propose 36 on the east side of their building at 3839 Chandler Drive, on the 37 conditions that: 38 *the trailer would be removed by October 31 , 1988 ; 39 *the structure meets all applicable building, electrical, 40 fire, and placement codes; • 5 1 the trailer be properly skirted and otherwise installed to 2 be aesthetically pleasing to the neighborhood; 3 *no trees be removed from the site to accommodate the 4 structure; 5 *the area where the trailer is sited be resodded or reseeded 6 as needed, once the structure is removed; 7 *the permit only applies to the operations of Minnesota 8 Scientific and that immediate removal should be required 9 should they cease operations prior to the expiration of 10 the permit. 11 In granting the permit, the Council finds , as did the Planning 12 Commission, that there have been -no expressions of neighborhood 13 objection to the permit and the only person who spoke at the 14 Commission had been the next door neighbor who said he had no 15 objections to the permit per se, but was only concerned that the 16 trailer be removed at the same time Minnesota Scientific vacates 17 the premises. 18 voting on the motion: 19 Aye: Ranallo, Sundland, Marks. 20 Nay: Makowske, Enrooth. 21 Motion carried. 23 COUNCIL REPORTS 24 Council Remains Opposed to Pull Tabs in St. Anthony 25 Mayor Sundland said he knew each of the Councilmembers , like he, 26 had been talked to by St. Anthony Lions Club members pushing for a 27 change in the City' s policy against such "fund raisers" being 28 conducted in the City. The Mayor said he had told the Lions who 29 had contacted him about conducting these games in the City liquor 30 stores, that, although he was fairly certain they wouldn't change 31 many minds, their organization would be given an opportunity to 32 make ,a formal request to the Council. 33 Council Makowske reported she had taken the Lions members 34 response: who had called her to the August 19th Ramsey 35 County League of Local Governments meeting where 36 problems experienced with pull tabs had been 37 reported; 38 said when Roger Franke, Executive Secretary of the 39 Minnesota Charitable Gambling Control Board had 6 3 • 1 100 units for general occupancy and Kraus Anderson would construct 2 the commercial portion. 3 The Manager said the H.R.A. would be reviewing those proposals, looking 4 at each developers ' financial strength and judging the proposals .on how 5 they related to the design guidelines, etc. , which had been established 6 for the project. He said he expected two of these companies to be 7 interviewed prior to the Council meeting and during the H.R.-A. meeting 8 scheduled to be held August 25th, with possibly one of them being 9 selected at that time. If one developer is named that evening, they 10 would be given 30 days to work out a Redevelopers Agreement for doing 11 the project. If no agreement is worked out by then, the next highest 12 ranking contractor would be contacted to try to negotiate an acceptable 13 agreement with the H.R._A. , according to Mr. Childs. He added that all 14 four developers had appeared to meet all minimum requirements for a 15 "solid" developer with the financial strength to do a project which 16 would meet the tax increment needs of the City and all wanted to get 17 started right away. 18 with public hearings required before both the Commission and Council 19 once a developer is selected, and the time it would probably take to 20 acquire the land, Mr. Childs said he thought it would probably not be 21 before spring when construction could start, even though a few of the 22 firms had indicated a willingness to get going by February. The Manager 23 then invited the Commissioners to look at the copies of the proposals 24 which are available at City Hall. •25 The Manager then brought the Chair up to date on the new retail center 26 being constructed west of the Apache Mall, saying he understood the 27 building had been constructed to the point where tenants could finish 28 them to their own needs . The next public hearing scheduled for that 29 evening was opened at 7 : 50 P.M. , as scheduled. 30 CONTINUATION OF PUBLIC HEARINGS .•,31 Request for Temporary Office Facility for Minnesota Scientific Gains 32 Recommendation for Approval Under Certain Conditions 33 The Chair read the notice of the hearing, which had been published in 34 the August 5th Bulletin and sent to all property owners of record within 35 350 feet of the subject property.. No one present reported failure to 36 receive the notice or objected to its content. 37 Application: for a Special User Permit to allow Minnesota Scientific 38 to locate a 12 foot X 56 foot temporary mobile office on 39 the east side of the building they lease from Donatelle 40 Properties at 3839 Chandler Drive, until December, 1988. 41 Supporting 42 Documents : July 29th letter from the Minnesota Scientific President, • 43 Bruce LeVahn; 4 1 Mr. Childs ' August 14th memorandum related to the • 2 request proposing conditions which he perceived should 3 be imposed if the .Commission decides to recommend 4 approval. 5 Staff report: Childs reiterated the advice in his memo as well as the 6 direction from the City Attorney that the matter should 7 be handled under a Conditional Use Permit since the City 8 doesn' t specifically address temporary structures of this 9 type, 10 said a permit of this type would not assume the use is 11 allowed and would give the City the option of imposing 12 reasonable conditions upon its use, thus giving the Com- 13 mission and Council two decision points; 14 included in the Commission' s task that night would be to 15 determine whether the use is allowed at all and to recom- 16 mend the conditions under which the Council should grant 17 a temporary permit to the applicants for the detached 18 mobile structure they were requesting; 19 reported there ::ad been no calls either for or against 20 the proposal. 21 Proponent: Mr. Leyahn repeated information he had given in his 22 letter related to the reasons his firm needs the extra 23 housing before they move to larger facilities Dona- 24 telle has promised to provide in New Brighton when 25 their lease expires; 26 indicated his firm' s sales and marketing offices would 27 be located in the mobile structure which would have to be 28 sited at least four feet away from the building to allow 29 access ; 30 reported he had viewed one of the Gelco Space mobile 31 offices that day and had seen for himself that the pro- 32 posed structure would be the same length as the building 33 itself so it would present a pleasing appearance which 34 would not be detrimental to the neighborhood; 35 said he would be willing to skirt the structure if the 36 City wanted him to. 37 Commission 38 reaction: Madden questioned whether the front of the building 39 actually faced Foss Road rather than Chandler Drive and 40 wondered if the temporary structure couldn' t be located 41 on the west side; • r 5 •1 acknowledged that there was a dock on that side but said 2 by doing that, the trailer would not be next to the resi- 3 dence on Chandler Drive; 4 was told by the firm president the building' s address is 5 Chandler Drive and even though there might be an access 6 on the far south side of the building, the Chandler Road 7 access would be easier in the winter; 8 Hansen was told the distance the trailer could be sited 9 from the building would depend on- the type of wall 10 materials used and that the codes would be checked .11 regarding that point before a building permit. would be 12 issued; 13 questioned why the request had not reflected the firm' s 14 intent of moving when the lease expired in October; 15 was told by Mr. LeVahn that , with the kind of rents 16 Gelco charged, there was little chance the trailer 17 would- be left on the site once Minnesota Scientific had 18 moved. 19 wingard was told by Mr. LeVahn that the existing ash 20 tree should not be disturbed when the trailer is put in )1 place and that any sod which is damaged, would be re- 22 placed when his firm moves. 23 Franzese was told by Mr. Childs that he had been unable 24 to -find records for specific permits for similar uses 25 although he recalled a request for a trailer next to 26 Central Engineering while that firm' s building was 27 being expanded and that the trailer Elmwood Church had 28 indicated they needed during construction had never been 29 put on that site. 30 Neighbor 31 Concerns: Bill Graff , 3824 Foss Road N.E. , indicated his only con- 32 cern was that when Minnesota Scientific moved out of 33 that the trailer be removed at the same time; 34 added, however, that since Mr. LeVahn had assured the 35 Commission that would be done, he, would not be against 36 the City granting the permit. 37 No other persons were present to provide further input and the Chair 38 closed the hearing at 8: 03 P.M. for Commission consideration of a 39 recommendation to the Council. 6 _ • 1 Commission Action 2 Motion by Wingard, seconded by Wagner to recommend the Council grant a 3- Special Use Permit to Minnesota Scientific which would allow the company 4 to temporarily install the 672 square foot mobile office they propose 5 on the east side of their building at 3839 Chandler Drive, on the 6 condition that: 7 *the trailer would be removed within 10 days of the date of Minne- 8 sota Scientific moves from their current building, but in any 9 event, the permit be issued for no later than December, 1988; 10 *the structure meets all applicable building, electrical, fire 11 and placement codes; 12 *the trailer be properly skirted and otherwise installed to be 13 aesthetically pleasing to the neighborhood; 14 *no trees be removed from the site to accommodate the structure; 15 *the area where the trailer is sited be resoded or reseeded as 16 needed., once the structure is removed; 17 *the permit only apply to the operations of Minnesota Scientific 18 and that immediate removal should be recuired should they cease 19 operations prior to the expiration of the permit. 20 In recommending the permit be granted, the. Commission finds there have 21 been no expressions of neighborhood objection to the permit and the only 22 person who spoke at the Commission hearing was the next door neighbor 23 who said he had no objections to the permit per se, but was only 24 concerned that the trailer be removed at the same time Minnesota 25 Scientific vacates the premises. 26 Motion carried unanimously. 27 City' s Negotiations on Parkview Building Reported 28 When Commissioner Wingard had indicated he would like to see the City 29 find an acceptable site in St. Anthony to which Minnesota Scientific 30 could relocate rather than having Donatelle construct a building for 31 them in New Brighton, Mr. Childs facetiously suggested the Parkview 32 building might have the 10,000 square feet of space Mr. LeVahn was 33 looking for. 34 In a more serious vein, the Manager gave the above report which had been 35 requested by Commissioner Hansen, telling the Commissioners that: 36 *a while ago, District #282 had approached the City to ascertain 37 its interest in acquiring that building; • 38 ain thon r tiffiae SATE : AP PROVA�= (� October 14 , 1988 Planning Commission Members FROM : David M. Childs, City Manager I TEM : REQUEST FROM SALVATION ARMY CAMP The Salvation Army has formulated a master plan for the future of the Silver Lake Camp. A copy of this plan is attached for your review. Their immediate proposal is *to repave some of the roads in the camp; *to reopen the west entrance to the camp located on County Road east (west of the current main entrance) ; *construct an administration building on the northwest side of the camp; *construct a vehicle storage building on the east central part of the camp. Note: attached drawings and plans depict all of the above. All of these items are permitted uses and no variances are required, however, the zoning ordinance requires in Section 11 (Recreation Open Space) R.O.S. Zone, Subdivision 6: "All structures shall be constructed of a material and of a design which is compatible with the natural environment as determined by the Planning Board and Council and which con- forms with applicable codes. " Your review should address that provision of the ordinance. No public hearing is necessary on this issue. Background: The mausoleum at Sunset Cemetery and the new clubhouse at Gross Golf Course are the two most recent examples of review by the Planning Commission and City Council concerning compatibility with natural environment in the R.O.S. zone. The alvation Army would also like to take a few minutes to review their long-range plans with the Commission so that the City is informed of their future intentions. :cjk10. 18 .88 c G RY T N E '•, . .. :'. ' .. . A N�.::E NCE.:.-.� 5E ONDA EN RA .....:. M I N . COUNTY ROA17 E ATE .• ♦ / GATE �l ••�;;�N'F r��•• co �E••......... SNELTERO II TEACIG avRe •• ;�'^\ STATION HN ,(fi,•••'••, L \-; /,W ��. TEOCNIN6 11 •`'it••/- '`J% ••RA/L OUTF903T •. �_MARSN - I y1 .�OND`\ TEACHING• I(� TENTING Of / STATION •_ h� TEwuuG c OUTPOST ' STATION NT •T'EPCNMG AREA �, 5-fATIOn - A�; � 4 '�•T�TEACJIIAG �l •• .. •••� (/j .,;�%STATION TOILET/W95(MAKE \ . :•��ppRE7ppK(�ERR5' -� ¢MELT ? .,�i\Y .• / S\COU •• :. R631GENCE .�•. 4 As"•� rE • N_... 6TATON ,`\ •p99 SI'EGI - r RAM, 1 V5 ••�.' V CC I -•TEACHING / GATE : '•. I �STATIOn_ 1 :h F "'E R TEAGIII4G SNEL- STATIONS , a PARKING- 60 r` .\J '�.4} (,./' TEACwNGr.�_ ns:r:\\� \\\ 1. • 7 _ •�'� \ !O C •\•., .�ATany /... `�RV CAMPING`\\ ... . . .. W TEACHMG �i A(�D TENTING T Q \ TION REA J \ \ J• ... - TE '0 ADHIN(STRAT `- l4l� PO���'\J (OFFICNG FjlTURE��•/• oGRAM BUILDING (OFFICE) GRAM �t �-•L � ��� / SUNBATHING ��'.• f✓ BUILDING DAY CAMP DECK PDOL J �-• . Z GHAPE L)�••,•••''• OVERFLOW..'PARKI - MAIP "ANCE TEACHING Q o PURL-IG 4ALT4 STATIO / PARK/ING —3L r STATION P I CN IC1 SHE1-Mit r \\� a z AREA O / / NULT1PuRR77E •F =® BUILDING ®SHOWER HDUSE: .- PLAY STRUCTURE DIRECTORS / /RE15IDENCEy,1.P. - OTAFF HOUSING INI HOt cLUaHOUSE a t.. L.� PARK NG-IE KISH LANE �Arr COMMUNITY �OENGLOSED GAh1E5 GNEGK-IN•'; �r 1 COURT LAUNDRY:' C` -- '• '; O PLAIY SF�.[E.. \ SHELTER CESSION l ":INFORMAL ST SMELT CABIN. O.' CABIN STAFF DAY CAMP/PICNIC GROU, ul YI :.FLAG.... •.GRASR '� :.• _ HOU51 OOUBI,C CAB14i{' A�; '.PLAYPIELG ---1 / - J NEW CHAPEL RAI V- L -1�rxOOR `I 01-AEW"N••. Y I OFFICERS - BUILDING REG RE AT to A R w � _ ..REST 1800•• BOOKSOTORE: TEACHING RESIDENCE <f DINING ..:ICE RINK..: STAF '.',I:: STATION \\\ `.:(` Y -��-y• -. Nom® MONITOR\� OUB BI Lfi CANS yl PROGR ATE P (3 141 :- OFFICE BUILgNG E!6-O`T I N G ^ _� ' S RESIDE NTI iAN i EACNdG�� \ �` �YTATION \ PROGRAM.—GORE PRIVATE:. _ PASSIVE SITTING AREA.: �� S I L V E R L A. K E rR OUTDOOR CLASSROOM \ ELEVATION 930 r AMPHITHEATER FROGRA M \\ BUILDING SP�LIAL _ 9 ROGRAM ..... ...:'. ;..... ....... .............. .................. \ A \h N%. + Q -'' P u LEGEND KEY DESCRIPTION ® PROFVSM EWILDING O E%ISTING dJILDIN6 � ryjSTING BUWIN6-REMODEL L_--' EXISTING BUILDING REMOVC \ / (� FIRG RING BLOLDIN6 SET EWCK LINE PROPOSED VEGETATION 100 O 100 FEET SCALE 1'-106 CONTOUR INTERVAL 10 BEET APPROXIMATE AREA 100 ACRES NARKI5ON / WFMP& /PAVIS, INC. NoeTN LAND U5E AND FACILIT165 DSVELOPMENT PLAN CAMP PLANNING/DEVELOPMEN•f CON5UL'fANTS P¢o�6c T � 208 FIFTH 5'fREET / AME5, IOWA 50010 511NER LAKS CAMP s MINNE50'rA '850q 515 / 2 5 2 - 65 50 T MARCH Z6,1461 THE SALVATION T ALVAION ARMY - MINNEAPOLIS, MINNE50•TA 1 • y2St2f1C @ E35t A. ^^ J y.`S'sI`+L� rail. t K•i+.+ . �„ !' �® --:�; wJa �rrj ��I LP�1,IL- J i y• / i �. y, --fir'-A. r`.�t' jT .. •�< </` - •.- -�I � . � � �'`v .. _ � - ;� Hills Gilbertson • ; :. ,- i --_ •'/ t;• :` : ►-v :t� ' ' , -'� _ Architects Inc. l T/ ..'{ ' -� ~ J -, r - '� �t ,• / 104 West Franklin Avenue -ter - - `� `..• �'• �':. :'n Minneapolis MN 55404-2486 ti• _77� . �'- �✓ `` : .. ( �l �%�(' �.:I: ( I� 612/870.1000-FAX 612/870-8441 N. L /- �.� -,I �C.;il•;:� r, �\ - . .' ._.�. ' . �.-': . . -'f"--. - -rya:- : . 4( i II -.M^4r, Z ( i; i � � l � � .� Jft `:,� : : •,� . - - � : ' . . 111 } � : C .. ••• - .\ .-[ \.: : . . ,� rfOFr::�' :' :ice i -YIN ��_ \ •'� r , � ' _ gyp._, � . . - ��r�� , )e 5 ..I ,............�....v..�._._..— f _ - T� ^ _ � �•• •• � •� i .�.JU.J �' j 1•. 1��--;1.\Ill �• j�.� J ♦', Z \. • .��• -f•... . ✓fit .. - ... .'" ` :4 : ,' z -,,\: _•• -- .cam - , , /,s_-mn y, ` Z... t i ,.::y�.' •• /� \�•.. .�.-q/_ .. �\ `\ \:. _ . `•. DATE Isava OI I _ -a V r \ r J:. / � ✓ zvL� } ` DATE osvnaol DaawN Ov1 C.Erwuo my. r . O •• . ..• .. fir. .• -'.'� .•�' '1 r ' •+ . ✓ . . ..: •. 1 .:.::.vim'->'�:;.::�-:::.. ....:..:..::.::.::.: . .... .....:...... ......: ...... DaawlND rrrut+ Site Plan -Yt Key COMMISOION NYMaI er�?vlr_ r `mow sc' pry �i u�►I�ocn ro,, Road Improvements w: rr n z\� 'rFn:_Mcs•s era- can. o!; -. The Satiation-Am�Y V°�IPY W.jt1 C:r.`I. GJ�!T�'•.G;Dh �� �/±TIC F�Y-,7 �1Vere Val7� I nS P�Ch�I a � 'TOter p ter= Nr,�o°• 7°�s5 p;;tr;c, St.Anthony, Mrresota, . r/CyD/�M7 �{f��I�ON NOI I II W!.04 1 1 DOAwINO NIO, \ 0 25 50 IM 2W ti Ile ! e J • ! i 1'`��I�l � I r, II;'ll�Ill��l l��lLlli�l�• .'1111,1. . , I 1 I I I '��.Is�3'!. r - J • �.' •�� - i 5`� ��, � Ir•1r .! •'11.1 +' i r�1 •, u111�' �Yk ✓- j � ! -�� '�. fir.''"pa!r�',I I�I�;''.11�?:i�,�ll t!`r:'�! i'l;'!!•I �II'�" ,;' � I"v ,`. F, •r'�,� f `„ j l I '` t�: •, 1 _ - - 1.1 I�"I•��►1 � I' ai,�l,lll'=;}Ir• :, ,nilll.'B !II.�:-,V �-M-'Z. at iNl'; Y;:-- '. • � {r I` , II�kII I _11 it ��) ''1! Il ,4!IIL1,!I!'n l:i!Ili�i•.•'1�.1!II: II!I!z-�� � v( �'• "�S ;� 1 1 � l �' it 1111 i• • d �I ., �,r; it .1:.''._. . v tr( ' 1 �I. , , _ llllililill�t , ►lulfliilll,Iltililli;l111►l,iltlil` - 1 (I III' r1 ��'� I :� I: ; II 1� _ •'�`�i�t`4�ro •C ° o :%•• c ^�•`�r I: •• �=.- � ,`- _-_ _"�---���i' ,�✓��� •� ter----- ._ M= =K f_: Entrance Gate j _ - The Salvation Army Silver Lake Camp NoM •'I I I I I I e'` ` N Hills Gilbertson Aierrae__acts G ' . i I■ ' • to.west Menrmt A.rer.,e Mti - _ - Scale: 1/4'= 1•-0° = V - � ���� � I} --�,r•�•� � .lire. ;i�,!,�-!`-�. Entrance Elevation • �I.� � •'�---•��I "1. ��I',.., i`i�p �pia- �1 -s w �r Try• 'I' � - � ' South Elevation ---------------------------------- ----- :`-. 0.� i --------------------t �. OEM i O O O I echanical I` Workspace j--= Krcchene6 - J.C- � !•;.;1�'�� \ I , Reception � Entry , -- I y O I 1 1 t G :Li �U' + Adr„inistra►ion • --- � ► ;� The Salvation A; _ conference ector ;� I'; ,�•I j�- Silver Lake Camp'hr -------------- a =--- 5. V,;o P. HMIs Gilbertson Arc=..:. -:s T04jVVes:014nkjm 4meve w:-•.::.�- JAR Hills Gilbertson Architects Inc. 104 West Franklin Avenue Minneapolis MN 55404.2488 812/870.1000•FAX 812/870.8441 I I � I I � I Work Area II o."mouse. • I I I I c Vehicle Storage Area i I Cr.e CKso e": Oe.W WO TrTV M . I I Office _ I I COMMree.OM N.Me: Vehicle SaivSaticx i-A F Arina� y Siver Lace Camp o St.Anthay,Mmesota 607.04 Oe.W.MO Vd 01 a s s 1e Scale: 1/4"= 1'—0' Hills Gilbertson Architects Inc. 104 West Franklin Avenue Minneapolis MN 554042486 612/870.1000•FAX 612/870.8441 a osv.00Na• I I I I I I I I I I IL JIL- `IIV' ,1 4IIIIaiI'II li:!l'i I 1 L� i!i!!^�;1;'!I'�II!ijl;!jllll lia?�;IiiIL'gllllliil!i�! I I I I o.rs oav,sem • / t .I oO.WN a'r� IC.11CRao av, Elevations No tzx..104 i Vehcle Storage F ac The Salvation Silver Lake Cam) St.Ahny,NirresotF- I .'�illl!I!I!I lIIIIII�!I'IIIIIIIIII�IIII�IIIII I I.11llIi;lI l lil,ll I 1:, I '� "'�I•.I I.� I Ii j : 41. Z i II Co/'� /�� I VII© I 1 I IO 607J.O4 1 7 • � II � LlII I ► � l II II . I I l i ; 1 1 I oa.wL,a No, .rte •�.;a: V4._!..0 - CHARITABLE GAMBLING PRESENTATION TO THE ST. ANTHONY CITY COUNCIL As President of the St. Anthony Sports Boosters, I am requesting that the St. Anthony City Council change the existing Gambling Ordinance to allow charitable gambling within the city. The Sports Boosters further request wo licenses - one to operate charitable gambling at the Stone House Bar nd one at the Apache Wells Bar. The St. Anthony Sports Boosters would operate charitable gambling with the St. Anthony Lions Club and the St. Anthony Chamber of Commerce. The St. Anthony Sports Boosters would also request a waiver on the waiting period from 60 days to 30 days. This would allow charitable gambling to be operational by about December 1, 1988 . The Sports Boosters and the Chamber of Commerce will use their portion of the net profits for city and community needs, such as needs of the school district, park and recreation needs of the city, etc. The Lions will receive 20% of the net profits in return-- for assisting- the Sports -Boosters in establishing the charitable gambling operation. The Lions will use this money for their community projects and their charitable causes outside St. Anthony. The Sports Boosters is a non-profit volunteer organization that serves the children of School District 282. The St. Anthony Sports Boosters are the best organization to control the gambling operation for the following reasons : 1 . Ability to isolate school district and city objectives from commercial and national objectives . Sports Boosters • members, most of whom reside in St. Anthony - and have children in the school system, have personal interests in the quality and integrity of the profit contributions. 2 . Simplest organization for allowing members of other community groups to join Sports Boosters and influence the gambling operation. 3 • A three member committee of one Sports Booster, one Lion, and one Chamber of Commerce member has been established by the Sports Boosters to operate charitable gambling. 4 . Pull-tab games with the highest pay back will be used. RESOLUTION TO FORM A CHARITABLE GAMBLING COMMITTEE - see attached PULL TAB PRELIMINARY PROJECTIONS - see attached CHIEF EXECUTIVE OFFICER'S GAMBLING HANDBOOK - provided to staff GAMBLING MANAGER'S HANDBOOK - provided to staff • • RESOLUTION TO FORM A CHARITABLE GAMBLING COMMITTEE RESOLVED THAT WE HEREBY FORM A CHARITABLE GAMBLING COMMITTEE COMPOSED OF THE ADMINISTRATIVE VICE PRESIDENT, A MEMBER OF THE ST. ANTHONY LIONS CLUB, AND A MEMBER OF THE ST. ANTHONY CHAMBER OF COMMERCE. THE COMMITTEE WILL HAVE AUTHORITY OVER THE OPERATION OF CHARITABLE GAMBLING OPERATIONS CONDUCTED BY THE ST. ANTHONY SPORTS BOOSTERS. THE SPECIFIC DUTIES INCLUDE BUT ARE NOT LIMITED TO: 1 . EMPLOYMENT OF OPERATING PERSONNEL 2. MAINTENANCE OF RECORDS OF OPERATION 3. RECOMMENDATIONS FOR DISBURSEMENT OF FUNDS THE COMMITTEE WILL BE CHAIRED BY THE ADMINISTRATIVE VICE j • PRESIDENT OR SOME ONE ELSE APPOINTED BY THE PRESIDENT OF THE ST. ANTHONY SPORTS BOOSTERS. r ti • PULL TAB PRELIMINARY PROJECTION EXPENSES COST TWO LICENSE APPLICATIONS ONE PER ESTABLISHMENT. $50.00 EACH FIDELITY BOND FOR $10,000.00 TO COVER GAMBLING MANAGER REQUIRED BY STATE. $100.00 ANNUALLY RENTAL AGREEMENT BETWEEN SAID $24.00 PER SQUARE FOOT ESTABLISHMENTS. NOT •TO EXCEED $600.00 HOURLY WAGE FOR EMPLOYES @ $5.00 . HOURS OF OPERATION: THURSDAY 4PM TILL CLOSING 9HRS. FRIDAY " " it 9HRS. SATURDAY " " " 9HRS. 27 HRS. = $135:00/$270.00 BIMONTHLY • GAMBLING MANAGER SALARY TO BE ANNOUNCED EQUIPMENT NEEDED FOR SELLING PULL TABS BAR JARS (2) $700.00 EACH PULL TABS 8 GAMES 4 FOR EACH $2160.00 RECOMMENDED CASH ON HAND $700.00 @ EACH GAME $5600.00 • REVENUE ON PULL TABS • GAMES 3 GROSS PROFIT 5 EZ PIECES 2880 Cards @ $2.00 each Pays out $4,604.00 576 winners Cost: $120.00 per case $3,468.00 EXCALIBUR 2880 Cards @ $1.00 each Pays out $2,140.00 587 winners Cost: $120.00 per case $2,220.00 THE MINT 2700 Cards @ $1.00 each Pays out $1,876.00 180 winners Cost: $120.00 per case $2472.00 CRISS CROSS 2232 Cards @ $1.00 each Pays out $1,840.00 284 winners Cost: $180.00 per case $2,352.00 THE PICKLE. 2400 Cards @ $1.00 each Pays out $1,,720.00 380 winners Cost: $120.00 per case $2040.00 RAGS TO RICHES 2376 Cards @ $1.00 each • Pays out $1,760.00 320 winners Cost: $180.00 per case $3,696.00 GOLD STAR CRISS CROSS 2399 Cards @ $1.00 each Pays out $1,880.00 286 winners Cost: $120.00 $1,557.00 KABOOM 2399 Cards @ $1.00 each Pays out $1,920.00 236 winners Cost: $120.00 per case $1,437.00 • • TOTAL EXPEND2TURE TO START PULL TABS . 10 , 030 _ 0 TOTAL PROF 2T FROM PULL TABS . . . .. . . . . . . . 38 , 484 . 00 AkgrrAl- PROF2T AFTER EXPENSES . . . . . . . . . . . 28 454 . 00 qw LAW OFFICES , 14AN C E E; LE VAH N , LTD. SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS, MINNESOTA SS418 EDWARD J. HANCE JOEL T. LEVAHN PAUL W. FAHNING TELEPHONE ALLEN R. DESMOND (612) 781-4ISS8 ASSISTANTS TERESA H. CRAVEN KATHRYN A.DAILEY October 11, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Captain Richard Engstrom St. Anthony -Police Department 3301 Silver Lake Road. St. Anthony, Minnesota 55418 Chief Donald Hickerson • St. Anthony -Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Gentlemen: Enclosed herewith please find a copy of a report indicating various matters conducted at the Hennepin County District Court up to and including October 5, 1988. Should you have any questions or comments, please contact me. Yours ve t y, R J. HANCE Enc osure EJH/kd ST. ANTHONY •PROSECUTION ACTIVITY October 5, 1988 HANCE & LEVAHN, LTD. Edward J. ' Hance Prosecuting Attorney Submitted By: Allen R-. Desmond Assistant -Prosecuting Attorney 2401 Lowry Avenue N.E. , Suite 200 Minneapolis, Minnesota 55418 Telephone: (612) 781-4858 A R R A I G N M E N T S - The Honorable George Adzick DEFENDANT PLEA SENTENCE Anderson, John Laurence Charged with DWI and alcohol 114 concentration of .10 or more within two hours (.15) ; .Pre-Trial set for November 2,, 1988. Beck, Robert Allan Charged with DAR; No appearance at 116 October 5, 1988, arraignment; Bench warrant issued. Bergstrom, Timothy Carl Charged with DAS; Charge Charge continued one year for 116 continued one year for dismissal dismissal on conditions of no same or as the Defendant' s driving similar offenses for one year and record did not indicate that -he payment of $50. 00 in court costs. was sent a notice of suspension. Bissett, Jr. , Harold Walter Charged with no insurance, 115, expired driver 's license, and passing through red semaphore; No appearance at October 5, 1988 , arraignment; Bench warrant issued. Bochniak, Rodney Eugene Charged with no insurance; 108 No appearance at October 5, 1988, arraignment; Bench warrant issued. Brown, Jr. , Edward Barry Charged with DAS; -Pre-Trial set 115 for October 19 , 1988 . Derusha, -Patrick Michael Charged with DAR and no 108 insurance; No appearance at October 5, 1988, arraignment; Bench warrant issued. Everroad, Thomas William Charged with no insurance and 115 defective exhaust; No appearance at October 5, 1988, arraignment; Bench warrant issued. Gallaher , Eric William Charged with owner allowing 115 uninsured motor vehicle to be operated and owner not providing proof of insurance coverage within seven days; No appearance at October 5, 1988, arraignment; Bench warrant issued. Hawkins, Winfred Dwayne Charged with no insurance and 115 failure to provide proof of insurance within seven days; No appearance at October 5, 1988 , arraignment; Bench warrant issued. Heber.er, Scott Robert Charged with DAR; -Pre-Trial set 114, 116 for November 16, 1988. Huelsnitz, Brian Scott Charged with DAS and dice 103 suspended between driver and windshield; No appearance at October 5, 1988 , arraignment; Bench warrant issued. Johnson, Steven Douglas Charged with possession of small Fine - $300.00 , $200.00 stayed one 113 amount of marijuana in a motor year; On condition of no same or vehicle and speeding; .Pled similar offenses for one year. guilty to possession of small amount of marijuana in a motor vehicle; Other charge dismissed. Kettner, Gorden Allen Charged with DAR, defective tail 114 lights, and defective brake lights; •Pre-Trial set for November 2, 1988. King, Thomas Michael Charged with no insurance and Fine - $300.00, $200.00 stayed one 115 failure to display front license - year; Jail - 5 days, 5 days stayed plate; Pled guilty to no one year; On condition of no insurance charge; Other charge insurance violations for one year. dismissed. Kissel, Mary Agnes Charged with speeding; Pre-Trial 114 set for October 19, 1988. Kittleson, John David Charged with no insurance and 116 expired plates; No appearance at October 5, 1988 , arraignment; Bench warrant issued. Masley, David George Charged with possession of small 108 amount of marijuana in a motor vehicle and operating motor vehicle with only one headlight illuminated; .Pre-Trial set for November 16 , 1988. Merrill, Jeffrey Raymond Charged with no insurance, Fine - $20.00; No insurance charges 116 failure to provide proof of continued one year for dismissal on insurance within seven days, conditions of no insurance violations and failure to display current for one year and payment of $100.00 license plates; Pled guilty to in court costs. failure to display current license plates; Other charges continued one year for dismissal as Defendant provided proof that his vehicle was insured on the date of the stop. Meyer , Carol June Charged with DAR; no insurance, Fine - $300.00, $200.00 stayed one 108 and expired plates; -Pled guilty year; Jail - 5 days, 5 days stayed to no insurance charge; Other one year; On condition of no charges dismissed. insurance violations for one year. Olowy, Femi Afetimokhe Charged with DAS and no 115 insurance; -Pre-Trial set for November 16 , 1988. Peterson, Daryl Arden Charged with unlawful use of Thoemke, 112, 115 , 117 motor vehicle and interference with property in official custody on August 9, 1988; Charged with no insurance and DAR .on July 23 , 1988; Charged with speeding on November 28, 1987; .Pre-Trial set for November 2, 1988. Rosemeyer, Jordan Allen Charged with no insurance, 116 failure to provide proof of insurance within seven days, and failure to signal left turn; No appearance at October 5, 1988, arraignment; Bench warrant issued. Schmidt, Virginia Mary Charged with speeding; Court 116 Trial was originally set for January 17 , 1989 , on the Minneapolis calendar; The Court has not yet rescheduled this Court Trial but will notify the City -Prosecutor of the new date after it has been rescheduled. Schwantz, Gregory Joseph Charged with no insurance and 108 defective exhaust; No appearance at October 5, 1988 , arraignment; Bench warrant issued. Skow, Terry Wayne Charged with giving false 108 information to a police officer; No appearance at October 5, 1988 , arraignment; .Bench warrant issued. Smith, David Eugene Charged with owner allowing Fine - $300 .00, $200.00 stayed one 108 uninsured motor vehicle to be year; Jail - 5 days, 5 days stayed operated and owner allowing one year ; On condition of no revoked driver to operate insurance violations for one year. motor vehicle; -Pled guilty to owner allowing uninsured motor vehicle to be operated; Other charge dismissed. Soro, Peter Charged with aggravated DWI , 108 , 117 DWI , and alcohol concentration of .10 or more within two hours (. 20) ; Defendant will appear before The Honorable George Adzick on October 14 , 1988 , to enter a plea. Turgeon, Todd Joseph Charged with no insurance and Fine - $300 . 00 , $150 .00 stayed one 108 failure -to display current year; Jail - 10 days, 10 days stayed license plates; .Pled guilty to one year ; On conditions of no no insurance charge; Other driver ' s license or insurance charge dismissed. violations for one year. Whiteagle, Talbot Stuart Charged with giving false 116 information to a police officer; No appearance at October 5 , 1988,. arraignment; Bench warrant issued. -P R E - T R I A L S - The Honorable George Adzick DEFENDANT PLEA SENTENCE Amundson, .Philip Gregory Charged with no insurance, Thoemke, 116 giving false information to a police officer, and defective equipment; No appearance at October 5, 1988 , Pre-.Trial; Bench warrant issued. Braun, Gerard Ralph Charged with no insurance, Fine - $300 .00 , $250 .00 stayed one Highway -Patrol 35 giving false information to a year; Jail - 5 days, 5- days stayed police officer, failure to one year; On condition of no transfer title, and failure insurance violations for one year. to yield right-of-way; :Pled guilty to no insurance charge; Other charges dismissed. Faber , Bradley Allan Charged with DWI; Jury Trial Thoemke, 114 set for November 21, 1988, at 1:45 p.m. Hunter , Craig Alan Charged with disorderly conduct Charge continued one year for 116 (window peeping) ; Charge dismissal on condition of payment of continued one year for $200.00 in court costs. dismissal as the witness did not indicate that the Defendant peered directly into any particular window. Kalas, Daniel Eugene Charged with gross misdemeanor 103, 104 , 114, 115 fifth degree assault and mis- demeanor fifth degree assault; No appearance at October 5, 1988 , -Pre-Trial; Bench warrant issued. Kujawa, Rustelle Diorah Charged wth DAS, speeding, and 116 driving without a driver ' s license in possession; No appearance at October 5, 1988, -Pre-Trial; Bench warrant issued. Lucken, Lance Lane Charged with gross DWI and Fine - $200.00 ; Jail - 30 days, 116 defective equipment; DWI charge parole after 3 days; On condition of reduced to misdemeanor DWI as no same or similar offenses for one the Defendant did not exhibit year. any driving conduct suggesting that he was under the influence of alcohol; -Pled guilty to misdemeanor DWI; Other charge dismissed. Nichols, James Howard Charged with tampering with Jail - 30 days, 30 days stayed one 114 motor vehicle and lurking with year; On condition of no same or intent to commit crime; Pled similar offenses for one year. guilty to tampering with motor vehicle charge; Other charge dismissed. Perko, David Jon Charged with no insurance, DAS , Fine - $300.00 , $300.00 stayed one 116 failure to transfer title, and year; Jail - 30 days, parole after 3 expired license plates; DAS days; On condition of no same or charge amended to driving in similar offenses for one year. violation of limited driver ' s license as Defendant was driving with a limited license rather than driving after suspension; -Pled guilty to driving in viola- tion of a limited driver ' s license; Other charges dismissed. Sandgren, Susan -Patricia Charged with DAR; No appearance 115 at October 5, 1988, .Pre-Trial; Bench warrant issued. Schmotter, Jr. , Thomas Charged with ,gross DWI, gross Harold alcohol concentration of .10 or Thoemke, 116, 117 more within two hours ( .16) , and open bottle; .Pre-Trial continued until October 19 , 1988. Sullivan, David Otto Charged with DAC and no insur- 108 ance; .Pre-Trial continued until October 19 , 1988. C O U R T T R I A L S - The Honorable George Adzick DEFENDANT -PLEA SENTENCE Alwan, Adel Taha Charged with speeding; Charge continued one year for 112 Charge continued one year dismissal on condition of payment of for dismissal as officer was $20 .00 in court costs. unavailable to testify. Bartz, Kimberly Claire Charged with failure to Fine - $50.00. Thoemke, 117 obey stop sign or yield sign; Found guilty by the court. Kyles, Dobby L. Charged with owner allowing 108 unlicensed driver to operate motor vehicle; Court Trial continued until November 2, 1988, at .2:00 p.m. M I S C E L L A N E O U S DEFENDANT -PLEA SENTENCE Reavis, Ronald David Charged with larceny from 112 business (employee theft) and gross misdemeanor theft; Defendant was to have made an appearance on October 5, 1988 , to prove that he had made the $400 .00 restitution payment to the Lancer Store (victim) ; No appearance on October 5, 1988; Bench warrant issued. Shields, James Leonard Charged with DAR, no insurance, Jail sentence on St. Anthony 115 and giving false information to charge - 90 days, 20 days stayed a police officer on December 25, one year; Jail sentence on 1987 , in St. Anthony; Defendant Minneapolis charge - 90 days, 20 was also charged with an days- stayed one year (to run con- aggravated DWI charge on currently with St. Anthony August 26, 1988 , in Minneapolis; sentencing) ; Conditions on Defendant made an appearance on St. Anthony charge - No same or September 29, 1988 , before The similar offenses for one year; Honorable Thomas H. Carey and Conditions on Minneapolis pled guilty to the St. Anthony charge - No driver ' s license or charge of giving false insurance violations for one year , information to a police completion of treatment program, and officer; The Minneapolis completion -of Mustang -Program. aggravated DWI charge was amended to DAR, and Defendant pled guilty to that charge as well; All other St. Anthony charges were dismissed. J U R Y T R I A L S DEFENDANT -PLEA SENTENCE Martinez, Daniel Cordova Charged with DAR and no Jail - 2 days. 113, 116 insurance; -Pled guilty to . DAR charge- on September 23 , 1988, before The Honorable John W. Borg; No insurance charge dismissed. Ross, William George Charged with no insurance, Fine - $200 .00; Jail - 30 days, 30 114 failure to produce proof of days stayed one year; On conditions insurance within seven days, of no insurance or driver ' s license and defective headlights; violations for one year. Pled guilty to failure to produce proof of insurance coverage within seven days on October 6, 1988, before The Honorable Herbert E. Wolner; Other charges dismissed. C 0 M -P L A I N T S DEFENDANT OFFICER CHARGE Anderson, Mark Allen Officer Dominic Cotroneo Charged with driving after suspension and expired registration. Goodland, James David Officer John MacQueen Charged with operating motor vehicle without required insurance and expired registration. Olson, James Vernon Officer John Ohl Charged with assault in the fifth degree. Peterson, Steven Blair Captain Richard Engstrom Charged with operating motorcycle without endorsement and operating motorcycle without protective eyewear. I� CHEM COUNCIL • St. Anthony/New Brighton Chemical Health Environmental Management Council 3303 Thirty-third Avenue Northeast • St. Anthony Village, Minnesota 55418 September 20, 1988 Committee Meeting Attendance: Jack Baker Dorothy Fleming Shelley Freeman John Pugleasa Guests: Officers Dave Brouillet and John Ohl Call to Order: The St. Anthony/New Brighton C.HE.M. Council met on September 20, 1988 at SAV Middle School. The meeting was called to order at 7:30 pm. by president, John Pugleasa. Minutes: The minutes of the August 16 meeting were approved. Treasurer's Report: In the absence of the Treasurer, Dorothy Fleming reported a balance of $423.25. Shelley Freeman and John will meet with the St. Anthony • School District Business Manager to discuss advantages of tax exempt status. They will contact Rosemary Hannan with this information. Now Business: New Brighton Officer Dave Brouillet and St. Anthony Officer John Ohl were invited to the meeting to discuss what to do about problems with enforcement of school rules and city ordinances; and how the school, police department and community can work together to solve these problems. The Committee decided to pursue these issues: 1) Expansion of current St. Anthony police force by at least one full-time officer. 2) Designate a school/police department liaison in St. Anthony. This person would deal with all school related police business. 3) Develop sub-committee to investigate othe things that seem to impede the enforcement of school rules or city ordinances i.e. court system, state legislation). Apache Security: John will contact Apache Plaza management to discuss putting up 'no loitering' signs in the parking lot. Next Meeting: The next CHRM Council meeting will be held Tuesday, October 18, 1988, 7:30 p.m. at SAV Middle School. Approved- Prepared by Dorothy Fleming, Secretary (781-0361) STAFF MEETING NOTES • OCTOBER 18, 1988 The meeting began at 8:35 A.M. immediately following the orders for rolls and coffee at Bakers Square. Those present were Sue VanderHeyden, Dave Childs, Ray Nelson, Connie Kroeplin, Lee Entner, and Larry Hamer. Don Hickerson was absent. Dave Childs 1 . A total of $2,935 was raised this campaign for the 'United Way. The liquor operations led the way with 54% of that total; the police, office, fire, and public works departments followed in that or-der-.- 2 . The utility bills and City Newsletter will be sent out this Friday. 3 . The City Council will hold a special meeting on November lst to interview three architectural firms who are interested in doing a facility analysis for Parkview. 4 . The City is very near settling their water contamination litigation with the Army. The Army will be meeting this week and Mr. Childs will know more after that meeting. As soon as the • litigation is settled, a press conference will be held. 5. The purchase agreement for Phase 3 of the Kenzie Redevelopment project regarding the Saliterman property has been signed. The closing will be held in about 30 days. Federal Relocation Inc. is working on relocating the present tenants and has indicated some relocation has been done. The purchase agreement for the triangle of land owned by Kraus-Anderson is very near being signed also. 6. Craig Belisle, owner of the Video Update (2510 Kenzie Terrace) may be cited for the flashing lights he has placed in the store's windows. Mr. Hamer spoke to a store manager about the lights and observed that the store had been expanded without obtaining a building permit or a conditional use permit, both of which are required by Ordinance. There was also a portable sign which should have been approved by the City Manager, but wasn't. Mr. Hamer informed the store manager of these violations and Mr. Childs received a call the same day from the owner. The owner was informed by Mr. Childs of the above violations. It is expected that Mr. Belisle will be at the next Planning Commission meeting. 7. The new owner has removed the roof sign atop Mickey D's Restaurant. -2- • Lee Entner 1. The Fire Department's October 13th open house was a tremendous success, with over 600 attenders. 2. The heating/cooling system should be in place today at the Fire Station. 3. The Emergency Preparedness Plan has been returned to the City by the County to include the City's own modifications. Ray Nelson 1. Mr. Nelson expressed concern about the signage at SAV I, saying people can't see the business is there with the present signage. Mr. Childs asked him to prepare -a sign plan for the site. 2. Negotiations with C. G. Rein for Apache Wells are continuing. Mr. Nelson indicated that the study and proposal for the future of Apache Wells would be complete in 30 days. Larry Samer 1. Work on the medians is finished for this year. • 2. The new home at 35th and Belden Drive is almost finished. There are less than a dozen residential lots left to build on in the Village. 3. The heater at the new carbon filtration plant is working just fine. 4. City streets will be swept (leaves, etc. ) until it snows. 5. There has been a large amount of vandalism occurring at Silver Point Park this summer. Mr. Hamer will document the occurrences. Also, exterior entrances to the restrooms will be constructed at the parks next spring. 6. The Village will have 2 hockey and .3 recreational skating rinks this winter. 7. Slabs are being replaced on some of the City's concrete roads. 8. Ramsey County has scheduled Silver Lake Road from 37th Avenue N.E. to County Road E for overlay. The City look at will overlay of some of its roads using MSA funds. -3- • 9. The public hearing for the St. Anthony Boulevard reconstruction, affecting Gross Golf Course and Sunset Memorial Cemetery, is tentatively scheduled for the last Council meeting in November. 10. A plan for planting trees along St. Anthony Boulevard will be drawn of the City's tree plots by Mr. Childs and Mr. Hamer, after inspection. 11 . The equipment replacement- program is nearing completion (about 90% done) . The meeting adjourned at 10: 30 A.M. :cjk • RESOLUTION 88-043 A RESOLUTION ESTABLISHING A FUND FOR COMMUNITY CENTER WHEREAS, the City Council of the City of St. Anthony desires to establish a separate fund for the accounting of expenses and revenues resulting from the operation of the Community Center. NOW, THEREFORE, BE IT RESOLVED that Fund No. 601, Community Center, is hereby established. Adopted this day of , 1988. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • RESOLUTION 88-044 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT WHEREAS, by a resolution passed by the Council on October 11, 1988 , the City Clerk was directed to prepare a proposed assessment of the cost of improving St. Anthony Boulevard between the Burlington Northern Railroad Bridge and the south City limit line; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. ANTHONY, MINNESOTA: 1 . A hearing shall be held on the 22nd day of November, 1988, in the City Hall at 8:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property • affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of- the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvements. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, . except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 3.1st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. Adopted this day of 1988. • -2- Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • ORDINANCE 1988-010 AN ORDINANCE RELATING TO MAYOR AND COUNCILMEMBER SALARIES, AMENDING SECTION 125:00 OF THE 1973 CODE OF ORDINANCES BY ADDING A SECTION The City Council of the City of St. Anthony hereby ordains as follows: Section 1 . Section 125:00 of the '1973 Code of Ordinances, as amended, is hereby amended to read as follows: Section 125:15. Salaries. Commencing the first day of December, 1989 the salaries of the Mayor and Council- members shall be as follows: Office Salary Per Month Mayor $375.00 Councilmember $250.00 Section 2 . This Ordinance shall be effective as of the date of its publication. Mayor ATTEST: City Clerk First Reading: October 11 , 1988 Second Reading: October 25 , 1988 Adopted: Published in the St. Anthony Bulletin on the day of 1988. • • C 2 TY O F S T . ANTHONY HOU S 2 NG AND REDEVELOPMENT AUTHOR=TY AGENDA OCTOBER 2 S , 1 9 8 8 C=TY C OUN C 2 L CHAMBERS A. Call to Order. B. Roll Call. C. Minutes. 1. September 27, 1988 H.R.A. Minutes. D. Claims. 1. Dorsey & Whitney - $3 ,744.52. 2. Stuart J. Bonniwell - $2,285.00. 3 . St. Anthony Village Shopping Center Tenant Relocation (Jack Bagley will be present to answer questions) . • a. Immovable Fixtures - October 5th Memo from Federal-State Relocation. b. Relocation Claims. 1) Bill's Shoe Repair. 2) B. J. Antiques. 3) Certified Housing Evaluator (Russ Under- hill) . 4) Twin Cities. Harley Davidson. C. Federal State Relocation Consulting Service - consulting services rendered September-October, 1988. E. Other Business. 1. Purchase agreement from Kraus Anderson regarding purchase of Town & Country food parking triangle of land for Kenzie Terrace LaMel Project (tentative) . F. Adjournment. • • C 2 TY Oul ST . ANTHONY HOU S 2 NG AND REDEVELOPMENT AUTHOR 2 TY M=NUTE S SEPTEMBER 27 , 3- 988 1 The meeting was called to order at 9: 36 P.M. by Chair Sundland. 2 ROLL CALL 3 Present for roll call : Sundland, Vice Chair Enrooth, Secretary/ 4 Treasurer Marks, and Commissioners Ranallo 5 and Makowske. 6 Also present: David Childs, Executive Director 7 William Soth, H.R.A. Attorney 8 Sue VanderHeyden, Assistant to the City Manager 9 SEPTEMBER 13, 1988 H.R.A. MINUTES APPROVED 10 Motion by Marks, seconded by Makowske to approve as presented. 11 Motion carried unanimously. $1,394,000 Purchase of .Saliterman Property for the St. Anthony LaNel Project Approved 14 Mr. Childs and Mr. Soth were present to recommend approval of the 15 purchase agreement they had negotiated with the St. Anthony Village 16 Shopping Center owners. It was felt that the trade-off between price 17 and potential condemnation litigation costs would justify the purchase 18 price. 19 H.R.A. Action 20 Motion by Marks, seconded by Ranallo to adopt the resolution which 21 approves the proposed agreement to purchase the Saliterman property for 22 $1 , 394,000 and authorizes the execution of that agreement. 23 H.R.A. RESOLUTION 1988-002 24 A RESOLUTION APPROVING THE PURCHASE OF THE ST. ANTHONY 25 VILLAGE SHOPPING CENTER AND AUTHORIZING THE CHAIR 26 AND SECRETARY/TREASURER TO EXECUTE THE NECESSARY DOCUMENTS 27 Motion carried unanimously. 28 The Executive Director indicated the next step in the process of getting 29 the 201 unit multifamily rental housing developing going would be to initiate the relocation activities for the tenants who are still in -the 1 center.. Those businesses would be given 90 days to vacate the premises 2 after which construction could start. • 3 The names of the tenants were read aloud by the H.R.A. Attorney who 4 reported all except ACS, and the Twin City Harley/Davidson establish- 5 ments were on month-to-month leases. Those two businesses have one year 6 leases with the motorcycle store having also been granted two, 1 year 7 options. Both of these leases have condemnation clauses which may have 8 to be negotiated since the property wasn't acquired by condemnation. 9 Mr. So th said he wasn't expecting to have to go to• condemnation but told 10 the H.R.A. if satisfactory relocation agreements can't be reached, the it condemnation process could take up to 120 days. 12 H.R.A. Action 13 Motion by Marks, seconded by Ranallo to authorize Federal State 14 Relocation, Inc. to begin relocation activities September 28, 1988 15 through hand delivered notices to all current St. Anthony Village 16 Shopping Center tenants to vacate within 90 days of that notice. 17 Motion carded unanimously. 18 Mt. Childs advised that the LaNel Partnership had sold the $10,750,000 19 Housing and Redevelopment Bonds issued to finance Phase III of the 20 Kenzie Terrace Redevelopment Project for 7% and were now in the process 21 of replatting the land to accommodate three buildings and larger unit 22 sizes. The H.R.A. Attorney said he was quite confident a satisfactory • 23 agrement could be negotiated with the Town and Country Store property 24 owners (Krause/Anderson) to acquire the necessary triangular parcel 25 necessary for this replatting. 26 Chair Commends Staff for °A Job Well Done° on This Difficult Project 27 Chair Sundland made the above recommendation which was unanimously 28 accepted by the rest of the H.R.A. members. A celebration was delayed 29 until sometime after October 13th when the Chair indicated he would be 30 back from his vacation. 31 ADJOURNMENT 32 Motion by Marks, seconded by Enrooth to adjourn the H.R.A. meeting at 33 9:50 P.M. 34 Motion carried unanimously. 35 Respectfully submitted, 36 Helen Crowe, Secretary • DORSEY & WHITNEY A P-1LFa .1 II:I'LI:DIMU P-1...IU>wl COF WPwilO>! 2200 FIRST HANK' PLACE EAST MINNEAPOLIS. MINNESOTA 55402 (0121 340-2600 • (internal Revenue Account No.41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES September 30, 1988 Mr. David M. Childs Executive Director Housing and Redevelopment Authority of St. Anthony 3301 Silver Lake Road. Minneapolis, Minnesota 55418 Re: Housing and Redevelopment Authority For legal services rendered from August 1, 1988 through August 31, 1988, including: Attendance at August 4 HRA Meeting $ 136. 50 Attendance at August 23 HRA Meeting $ 175 .50 • Saliterman Property Acquisition: Telephone conference with .L. Juster; send letter to D. Childs re suit for inverse condemnation; send letter to Saliterman attorney re admission of service in lawsuit; telephone conference with L. Juster; meet with D. Childs and L. Juster re settlement. $ 487 . 50 New Developer for Kenzie Multifamily Housing: Telephone J. Gilligan re arbitrage issues, termination of Arkand and release of funds by Trustee; telephone attorney for CSM; review proposed Development Agree- ment; telephone conference with D. Childs ; send letter to D. Childs re CSM; telephone R. Sonneck,; telephone S. Schumeister; revise Redevelopment Contract, send letter to attorney for Lang-Nelson re same; telephone conferences with D. Childs, P. Brewer and attorney for CSM; telephone attorney for Lang-Nelson; meet with CSM representatives; telephone calls re proposed • Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. uv 1 177 -2 DORSEY & WHITNEY A P.—... Her 1.,i ... Co.ww.r . 2200 FIRST BANK PLACE EAST MINNEAPOLIS. MINNESOTA 55. 02 t 0121 340-2000 (Internal Revenue Account No.41-0223337) • STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES 2 - �I I settlement of claims by Tushie-Montgomery and Arkell; telephone conference with Saliterman attorney; send letter to D. Childs re Tushie; meet with Arkell, Brinkman, Tushie, Schellhaus and Childs re settlement; telephone conference with R. Krier re purchase of Kraus-Anderson land, telephone conference with D. Childs re same; telephone conferences with Brinkman, Tushie and Schellhaus; telephone conference with D. Childs; draft Settlement Agreement -with Arkell and Tushie. $1, 725.75 Evergreen Development Corporation Townhomes: Telephone J. Gilligan re Development Agreement; conference with D. Childs; prepare Resolutions; conference with D. Childs and telephone conference with J. Gilligan re tax law changes . $ 318 .75 Lang-Nelson Project: Telephone G. Morgan; meeting with P. Brewer, Norwest • bank officers and their attorney and J. Gilligan re matters related to bond refunding; telephone P. Brewer; meet with D. Childs and Saliterman attorney re purchase of land; review title and telephone calls regarding title insurance; telephone attorney for LaNel; telephone conference with title company; send letter to S. Davis re title and survey; send letters to P. Brewer and L. Juster; telephone conference with P. Brewer. 780.00 Total Fees $3, 624..00 Plus Disbursements per attached statement 120 . 52 Total Fees and Disbursements $3,744.52 WRS/gle 615 178820 :79, 80, 82, 83 Disbursements made for your account, for which bills have not yet been received,will appear on a later statement. STUART J. BONNIWELL Certified Public Accountant 7101 York Avenue South Telephone Minneapolis, Minnesota 55435 (612) 921-3354 September 30, 1988 Housing and Redevelopment Authority of St. Anthony Attn: Mr. David M. Childs 3301 Silver Lake Road St. Anthony, Minnesota 55418 Professional Services Rendered: Examination of the financial statements of the Housing and Redevelopment Authority of St. Anthony for the year ended December 31 , 1987. The examination included the following additional accounting procedures: • 1 . Reconcile cash and investment balances to general ledger. 2. Allocate investment earnings by fund and by project within each fund. 3. Record arbitrage proceeds and review documentation to determine the proper HRA reimbursement amount . and resulting liability. 4. Determine and record payables at year end. 5. Analyze revenues and expenditures for the year, classifying by project within each fund. 6. Update accounting records maintained by project and prepare supporting schedules for inclusion in the financial statements. 7. Obtain necessary information to satisfy State reporting requirements for tax increment districts. $2,285.00 RESIDENTIAL COMMERCIAL INDUSTRIAL FEDERAL - STATE RELOCATION CONSULTING SERVICE INC. 299 North Snelling Avenue St. Paul, Minnesota 55104 Phone: Area Code - 611-645-7319. 645-9171 October 5, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Tenant Improvements (Immovable Fixtures) Dear Mr. Childs: In accordance with the provisions of the Uniform Relocation Assistance and Real Properties Acquisition Act of 1970, 42-105 (a) (c) , a payment in the amount identified below should be made to each of the displaced businesses for their immovable fixtures . The amounts are supported by the respective appraisal reports. The payment voucher should accompany a letter (sample attached) on city stationery which assigns and releases the immovables. to the City of St. Anthony, Minnesota . When the payment vouchers and letters are ready, I will deliver them and obtain a signed release. I will also provide them with a copy of the appraisal report.. If you have any questions, please give me a call. Very Truly Yours , FEDERAL-STATE RELOCATION CONSULTING SERVICE, INC . Ja k Bagle Re o ration Consultant JB/kg Enc. • Conquest Construction • 2530 Harding Street $1, 447 . 00 St. Anthony, MN 55418 Bill ' s Shoe Repair 2548 Harding Street $ 856. 00 St. Anthony, MN 55418 B. J. Antiques 2531 Harding Street $ 827. 00 St. Anthony, MN 55418 A C S Audio Warehouse 2518 Harding Avenue N.E. $7, 108. 00 St. Anthony, MN 55418 Frank ' s Upholstery 2550 Kenzie Terrace $ . 101. 00 St. Anthony, MN 55418 I Taylor Made Specialties . 2532 Harding Street $ 366. 00 • St. Anthony, ,MN 55418 FEDERAL - STATE RELOCATION CONSULTING SERVICE 299 No.Snelling Ave. St.Paul.Minn. SS104 (612)64S•7329.or 64S•9I7l i RESIDENTIAL COMMERCIAL INDUSTRIAL FEDERAL STATE RELOCATION CONSULTING,SERVICE INC. • 299 North Snelling Avenue St. Paul, Minnesota 55104 Phone: Area Code - 612-645-7329, 645-9171 October 18, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. 'Anthony, MN 55418 RE: Business Relocation Claim Bill ' s Shoe Repair 2548 Harding Street St. Anthony, MN 55418 Dear Mr. Childs: Attached for your review and approval is the claim for a fixed payment in lieu of moving and related expenses in the amount of $3,715. 31 for the referenced displaced business. The claimant will vacate the site by November 15, 1988. They are temporarily .discontinuing operations. Any assistance -you can give in expediting this claim for payment will be appreciated by them. A payment of $3, 715. 31 is recommended in accordance with the provisions- of the Uniform Relocation Assistance and Real Properties Acquisition Policies -Act of 1970, Section xx. 304. Please .issue payment in the amount of $3,715. 31 to: Bill 's Shoe Repair 2548 Harding Street St. Anthony, MN 55,418 If you have any questions regarding this claim, please give me a call. Very Truly Yours, Federal-State Relocation Consulting Service, Inc. Ja k Bagley tio Re a n Cons tant JB/kg RESIDENTIAL INDUSTRIAL FEDERAL - STATE RELOCATION CONSULTING SERVICE INC. 299 North Snelling Avenue St. Paul, Minnesota 55104 Phone: Area Code - 61 2-645-7329, 645-9171 October 18, 1988 Mr. David Childs City- Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Business Relocation Calim B. J. Antiques - 2531 Harding Street St. Anthony, Minnesota 55418 - - Dear Mr. Childs: Attached for your review and approval is the claim for a fixed payment in lieu of moving and related expenses in the amount of $2, 826. 00 for the referenced displaced business. The claimant will vacate the site by November 15, 1988. They aro moving to 2402 Central Avenue N. E. , Minneapolis, -Minnesota. Any assistance you' can give them in expediting this claim for payment will be appreciated by them. A payment of $ 2, 826-. 00 is recommended in accor-dance—w -th— the provisions of the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, Section xx. 304. Please issue payment in the amount of $2, 826. 00 to: B. J. Antiques 2531 Harding Street St. Anthony, MN 55418 If you have any questions regarding this claim, please give. me a call. Very Truly Yours, Federal-State Consulting Service, Inc. agle • (-ZTW Re 'oc tion Consultant JB/kg RESIDENTIAL INDUSTRIAL FEDERAL - STATE RELOCATION CONSULTING SERVICE INC. 299 North Snelling A%-cnue St. Paul, Minnesota 55104 Phone: Area Code - 61 2-645-7329, 645.9171 October 18, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Business Relocation Calim Russ Underhill Certified Housing Evaluation 2531 Harding Street St. Anthony Village Shopping Center Dear Mr. Childs: Attached for your review and approval is the claim for a fixed • payment in lieu of moving and related expenses in the amount of $10, 000. 00 for the referenced displaced business. The claimant will vacate the site by November 15, 1988. They are moving to 2402 Central Avenue N.E. , Minneapolis, Minnesota. Any assistance you can give them in expediting this claim for payment will be appreciated by them. A payment of $10, 000. 00 is recommended in accordance with the provisions of the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970, Section xx. 304. Please issue payment in the amount of $10, 000. 00 to: Russ Underhill Certified Housing Evaluator 2531 Harding Street St. Anthony, MN 55418 If you have any questions regarding this claim, please give me a call. Very Truly Yours, • Federal-State Consulting Service, Inc. i J c Bagley 1 Re ation Consultant 1 RESIDENTIAL INDUSTRIAL FEDERAL - STATE RELOCATION CONSULTING SERVICE INC. • 299 ?north Smelling Avenue St. Paul. Minnesota 55104 Phone: Area Code - 61 2-645-7329. 645-9171 October 19, 1988 Mr. David Childs City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Twin Cities Harley Davidson Temporary Move Costs Immovable Fixtures (Leasehold Improvements) 2519-21 and 2523 Harding Street N.E. Dear Mr. Childs: Attached for your review .and approval is the relocation claim for temporary move costs and leasehold improvements in the amount of $47,081. 54. • The displaced business is moving their inventory temporarily to their main location in Savage, Minnesota. They are doing this to accommodate the city by vacating the property forth-with. They will be out by October 31, 1988 . They may have to return to remove the slot board wall which they are retaining ownership. They will file a final claim for the move from Savage to their new location. Included in this claim is the Leasehold Interest document requested by the cities legal staff. It is executed. The documentation submitted supports the actual, costs to the claimant for their leasehold improvements. The move is being performed by A & M Moving and Storage Company who submitted the lowest of two bids. The claimant has requested that payment be made jointly for the move costs. The authority for this payment is the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970. • O Mr. David Childs Please issue payment as follows: ( 1) Twin Cities Harley Davidson . . and $14,186.85 A & M Moving and Storage ( 2) Twin Cities Harley Davidson $32,894. 6.9 When the checks are ready on the 26th of October, I will deliver them to the claimant and obtain the signed release for the immovables. If you have any questions regarding this claim, please give me a call. Very truly yours, FEDERAL-STATE RELOCATION CONSULTING SERVICE, INC. tak Bagle isition/Relocation Consultant • JB/PP . • FEDERAL - STATE RELOCATION CONSULTING SERVICE 299 No.Snelling Ave. St.Paul.Minn. SS104 1612164S•7329 or 64S•9171 • RESIDENTIAL COMMERCIAL INDUSTRIAL FEDERAL - STATE 1 RELOCATION CONSULTING SERVICE INC. 299 North Snelling Avenue St. Paul, Minnesota 55104 Phone: Area Code- 612-645.7339,645-9171 1 i I Mr. Dave Childs, City Manager TO, St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 October 20, 1988 • . INVOICE NU. #2869 Relocation Consulting Services Provided for St. Anthony Cannercial Center Project - September, 1988 thru October '19, 1988 240.50 Hours @ $65.00/Hour = TOTAL AMOUNT DUE: $15,632.50 Services Provided: 1 Administration File Set Up Notice Preparation (90 Day) Notice Preparation (Rel. Eligibility) Telephone Calls ` Personal Contacts Deliver Guide Interviews Meetings with Movers Review of Immovable Fixture Appraisals Assembly of Payment Data Relocation Claim Do=nentation Review Relocation Claim Assembly Relocation Claim Preparation