HomeMy WebLinkAboutCC PACKET 08241999 Meeting Sheet
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Box: 17
Folder: CC PACKETS 1999-2001
Document: CC PACKET 08241999
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CITY OF ST. ANTHONY
RESOLUTION 99-056
A RESOLUTION APPROVING THE PURCHASE OF
PROPERTIES KNOWN AS 2700 AND 2704 PAHL AVENUE
WITHIN THE CITY OF ST. ANTHONY
WHEREAS, due to severe flooding of homes in St. Anthony Village, the City of St. Anthony
•'f ' developed a program to assist in the mitigation of flooding in that area receiving
s — Fie most damage; and
WHEREAS, as an'integral part of that program, it was recommended that five homes in the
flood area be purchased.
NOW, THEREFORE BE IT RESOLVED, that the.City Council of the City of St. Anthony
hereby approves the purchase of properties known as 2700 Pahl Avenue for $139,000 plus
assessments and 2704 Pahl Avenue for $155,000 plus assessments.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
John P. Tuohy
808 Park Place Drive
Mendota Heights, MN 5118-2743
651-457-5287
August 14, 1999
City of Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MIND 55418-1699
Attn: Michael J. Morrison, City Manager
Re: 2700 and 2704 Pahl Avenue
Dear Mr. Morrison:
In response to your letter of August 10th regarding the above properties, 1 would like to
make the folloWing comments.
I will sell the two houses for $139,000 for 2700 Pahl and $155,000 for 2704 Pahl for a
total of$294,000 plus assessments. 1 did not increase the price from early May when 1
talked to Matthew Storm and informed him the prices totaled $296,000. I even lowered
the total price to $295,500 in my letter to the City in June. It is now mid-August and to
obtain a resolution to tlus long on-going process, I will further not increase the price
nothwithstanding the significant monthly increases in home sale prices in the Twin City
area. The total price of$294,000 represents, therefore, no price increases for the last
three months and plus a reduction in price of$2,000 from the original $296,000. 1 am
lowering the price to effect a resolution, as I have said.
The proceeds from the sale will be used to purchase two other homes, hopefully nearby in
St. Anthony. You know what the home prices have been recently in St. Anthony and it
should be obvious that the full amount of$139,000 and $155,000 will be required to be
expended in order to buy two similar replacement houses. A few homes were sold nearby
4 in the recent months and it would have been nice to have been able to purchase them and
move my renters into them.
Sincerely,
Vohn P. Tuohy
r _
I -ELLISON CO
REAL ESTATE DEVELOPMENT AND CONSTRUCTION SERVICES
7200 HUDSON BLVD.,SUITE 230, OAKDALE, IN9N 33123 OFFICE 631-730-0100 FAX 651-730-0303
August 18, 1999
Ms. Kim Moore -Sykes
St. Anthony Village
3301 Silver Lake Road
St. Anthony, Minnesota 55418-1699
Re: The Hitching Post
2550 Highway 88
Dear Kim:
I'm sorry that your leg is bothering you and that you were unable to attend the Planning
Commission meeting of last night. I would say that in general things went very well with respect
to The Hitching Post, both for the Conditional Use Permit and the comprehensive signage plan. I
believe it would be apropos if I were to respond to some of the questions from the Planning
Commission and the audience that were not addressed in my previous letter so that you may pass
this information along to the City Counsel prior to the meeting next week.
It appears that most of the concern from the neighbors has to do with the potential for noise
generation both from the servicing of the vehicles and from the prospect of testing vehicles in the
parking lot. First, the service area is completely enclosed with a complete make-up air and
exhaust system with exhaust hoses connected to each of the exhaust pipes for the vehicles.
Therefore, doors do not need to be left open for ventilation which would allow noise to escape
the building nor do the vehicles need to be taken outside of the building for test run purposes. It
should also be noted that the snowmobiles,jet skis, and ATV type vehicles which are sold, are
trailered off by the customers without being started outside of the.building since these vehicles
need a special terrain to operate. Any motorcycles that are scald or serviced at the facility would
commonly be driven out on the main streets where they would be able to be tested under normal
street conditions. It is not likely, nor would the owner approve of, customers running
motorcycles in the parking lot due to safety concerns for his operations.
The Planning Commission, I believe in a response to the concerns of the audience, imposed
hours of operations on the facility as a part of the conditional use approval. As I stated at.the
meeting, I was not aware that we were going to need to be presenting times for hours of operation
and therefore had to estimate what Mr. Furseth's hours of operation would be for The Hitching
Post. In doing so I agreed to the retail function of the building operating from 8:00 AM until
10:00 PM which is acceptable to Mr. Furseth. However, due to the nature of service work and
customer requirements for dropping off vehicles and picking them up, Mr. Furseth would
appreciate having the service hours of operation amended to a start of 7:30 AM and a close of
7:30 PM. I hope that this will be amenable to the City Council.
In all other respects, I believe that Mr. Furseth, myself, and the Planning Commission are in full
cooperation and-coordination with respect to this project. We greatly appreciate the level of
understanding of the Planning Commission and staff with respect to our necessity to commence
construction in the middle of September of this year while still working with staff to determine
the final vision for the village green area and how that will financially as well as aesthetically
impact the Hitching Post project. As we have stated at the Planning Commission meeting and at
the staff meetings, we want to be as cooperative as possible as we see the improvements being
important to our project as well as to the City and the rest of the shopping center. We are,
however, concerned as to the financial impact that these improvements may have on our project.
We have already made significant improvements in the aesthetics of the Hitching Post building
in anticipation of the improvements that will be made to the shopping center and the addition of
the village green so that we will not be out of character with the City's vision. These
modifications have, of course, been expensive. We are asking that the City keep an open mind
and recognize that we will be asking for some financial cooperation from the City if the
improvements that are required to the site are significantly beyond the budget that we have for
our project.
Once again, thank you for the cooperation that the City has put forth thus far. We look forward
to working with you through the completion of this significant redevelopment project for the
neighborhood.
Respectfully yours,
/James E. Kellison
JEK/ba
cc: Jim Furseth, Hitching Post
John P. Tuohy
808 Park Place Drive
Mendota Heights, MN 5118-2743
651-457-6287
August 14, 1999
City of Saint Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Attn: Michael J. Morrison, City Manager
Re: 2700 and 2704 Pahl Avenue
Dear Mr. Morrison:
In response to your letter of August 10th regarding the above properties, 1 would like to
make the following comments.
I will sell the two houses for $139,000 for 2700 Pahl and $155,000 for 2704 Pahl for a
total of$294,000 plus assessments. 1 did not increase the price from early May when 1
talked to Matthew Storm and informed him the prices totaled $296,000. I even lowered
the total price to $295,500 in my letter to the City in June. It is now mid-August and to
obtain a resolution to this long on-going process, I will further not increase the price
nothwithstanding the significant monthly increases in home sale prices in the Twin City
area. The total price of$294,000 represents, therefore, no price increases for the last
three months and plus a reduction in price of$2,000 from the original $296,000. 1 am
lowering the price to effect a resolution, as I have said.
The proceeds from the sale will be used to purchase two other homes, hopefully nearby in
St. Anthony. You know what the home prices have been recently in St. Anthony and it
should be obvious that the full amount of$139,000 and $155,000 will be required to be
expended in order to buy two similar replacement houses. A few homes were sold nearby
in the recent months and it would have been nice to have been able to purchase them and
move my renters into them.
Sincerely,
Vohn P. Tuohy
Engineering Planning Surveying Landscape Architecture
KUUSISTO LTD
FST. 1959."
August 20,1999
Michael Mornson, City Manager
City of St. Anthony
3301 Sliver Lake Rd. NE
St. Anthony, MN 55418-1603
RE: Developers Agreement
Dear Mike:
Attached is the form of Developers Agreement that can be used for the Hitching Post. I
have also sent a copy to Bill South for his comments. I will be preparing and sending the
letter intent for the other issues early next week.
Sincerely,
/ G
Richard Krier
Offices: Hibbing Minnetonka St.Paul Twin Ports
(612)933-0972 6U0 Blue Circle Drive Suite 100 • Minnetonka,MN 55343 FAX(612)933.1153
Developer Installed Site Improvements
AGREEMENT, dated , 19 , by and between
the CITY OF St. ANTHONY, a Minnesota municipal corporation, ("City"), and
(the "Developer").
1. Request for Conditional Use Permit Approval The Developer has asked the
City to approve a Conditional Use Permit for the Hitching Post (referred to in this Contract
as the "CUP"). The land is legally described as:
see attached
2. Conditions of CUP Approval The City hereby approves the CUP on condition
that the Developer enter into this Contract, furnish the security required by it, and record
the CUP with the County Recorder or Registrar of Titles within 100 days after the City
Council approves the CUP.
3. Right to Proceed Within the land, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
or private improvements, or any buildings until all the following conditions have been
satisfied, 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security has been received by the City, 3) the CUP has been filled
with the Hennipen County Recorder's Office, and 4) the City Manager has issued a letter
that all conditions have been satisfied and that the Developer may proceed.
6. Changes in Official Controls For two (2)years from the date of this Contract,
no amendments to the City's Comprehensive Plan or official controls shall apply to or
affect the use, development density, site layout or dedications of the approved CUP
unless required by state or federal law or agreed to in writing by the City and the
Developer. Thereafter, not withstanding anything in this Contract to the contrary, to the
full extent permitted by state law, the City may require compliance with any amendments
to the City's Comprehensive Plan, official controls or dedication requirements enacted
after the date of this Contract.
7. Development and Building Plans The CUP shall be developed in
accordance with-the following plans. If the plans vary from the written terms of this
Contract, the written terms shall control. The plans are:
Plan A - Site Plan
Plan B - Building Facades
Plan C - Building Floor Plan
Plan D - Landscape Plan
Plan E - Lighting Plan
Plan F - Sign Plan
Plan G - Keuzie Terrance Redoevelopment Project Area Urban Design Guildlines
Plan F —Roof Top Merchant Equipment Dividsion
8. Improvements
The Developer shall install and pay for all improvements on the Property. The
improvements shall be installed in accordance with the City Zoning Ordanince and
Building Code subdivision ordinance; City standard specifications for utilities and street
construction; and any other ordinances or laws including erosion and drainage. The
Developer shall submit plans and specifications, which have been prepared by a
competent registered professional Architect and civil engineer to the City for approval by
the City Engineer and City Building Inspector. The Developer shall obtain all necessary
permits. The Developer shall instruct its architect and engineer to provide adequate field
inspection personnel,to assure an acceptable level of quality control to the extent that the
Developer's architect will be able to certify that the construction work meets the approved
City Standards and ordancies as a condition of City acceptance. In addition, the City
may, at their discretion and at the Developer's expense, have one or more City inspectors
inspect the work on a full or part-time basis. The Developer, its contractors, and
subcontractors, shall follow all instructions received from the City's inspectors. The
Developer shall provide on-site project management. The Developer's architect is
responsible for design changes and contract administration between the Developer and
the Developer's contractor. The Developer or his architect shall schedule a pre-
construction meeting at a mutually agreed time at the City with all parties concerned,
including the City staff, to review the program for the construction work. Within thirty (30)
days after the completion of the improvements and before the security is released, the
Developer shall supply the City with a complete set of reproducible "as constructed"
plans, an electronic file of the "as constructed" plans in a auto CAD.DWG file or a .DXF
file, all prepared in accordance with City Ordinances and Standards.
9. Time of Performance The Developer shall install all required site
improvements by November 30, 19 The Developer may, however, request an
extension of time from the City manager. If an extension is granted, it shall be conditioned
upon updating the security posted by the Developer to reflect cost increases and the
extended completion date
10. License The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the site to perform all work and inspections deemed
appropriate by the City in conjunction with site improvements.
11. Erosion Control Prior to initiating site grading, the erosion control shall be
implemented by the Developer and inspected and approved by the City
12. Clean Up The Developer shall clean dirt and debris from streets that has
resulted from construction work by the Developer, contractor, subcontractors, its agents or
assigns. Prior to any construction, the Developer shall identify in writing a responsible
party and schedule for erosion control, street cleaning, and street sweeping.
13. Ownership of Improvements Upon completion of the work and construction
required by this Contract, the improvements lying within public easements or public shall
become City property without further notice or action.
14. City Engineering Administration and Construction Observation The Developer
shall pay a fee for administration. City administration will include monitoring of
construction observation, consultation with Developer and his architect on status or
problems regarding the project, coordination for final inspection and acceptance, project
monitoring during the warranty period, and processing of requests for reduction in
security. Fees for this service shall be three percent (1%) (if using a Letter of Credit) or
three and one-quarter percent (1.25°/x) (if using a disbursement agreement) of the
estimated construction cost, assuming normal construction and project scheduling. The
Developer shall pay for construction observation performed by the City's in-house staff or
consult.
15. Security To guarantee compliance with the terms of this agreement, payment of real
estate taxes including interest and penalties, payment of special assessments if any,
payment of the costs of all site improvements, and construction of all site improvements,
the Developer shall furnish the City with a letter of credit, in the form attached hereto, from
a bank ("security") for $ , plus a cash fee of$ for City
administration.
This breakdown is for historical reference; it is not a restriction on the use of the security.
The bank shall be subject to the approval of the City Manager. The security shall be for a
term ending December 31, . Individual security instruments may be for shorter
terms provided they are replaced at least thirty (30) days prior to their expiration. The
City may draw down the security, without notice, for any violation of the terms of this
Contract or if the security is allowed to lapse prior to the end of the required term. If the
required site improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it.down. If the security is drawn down,
the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the
City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety
percent (90%) of the financial obligations that have been satisfied. _Ten percent (10%) of
the amounts certified by the developer's architect shall be retained as security until all
improvements have been completed, all financial obligations to the City satisfied, the y
required "as constructed" plans have been received by the City, a warranty security is
provided, and the public improvements are accepted by City Council.
16. Claims In the event that the City receives claims from labor, material men, or
others that work required by this Contract has been performed, the sums due them have
not been paid, and the laborers, material men, or others are seeking payment from the
City, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw
upon the letters of credit in an amount up to 150 percent of the claim(s) and deposit the
funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of
credit deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys' fees pursuant to this Contract.
17. Storm Sewer *The Developer shall pay a storm sewer connection area charge of
$ The amount was calculated as follows: square feet at
$ per square foot. A credit shall be given for trunk storm drainage facilities as
determined by the City Engineer. Credits may include up to a maximum of fifteen percent
(15%) of the actual construction cost approved by the City Engineer for design and
construction related services, including surveying, testing, inspection, and contract
administration by the Developer's engineer and/or construction manager. The charge
shall be assessed against the plat over a ten-year period with ten percent (10%) interest
on the unpaid balance. The assessments shall be deemed adopted on the date this
Contract is signed by the City. The Developer waives any and all procedural and
substantive objections to the special assessments, including but not limited to, hearing
requirements and any claim that the assessments exceed the benefit to the property. The
Developer waives any appeal rights otherwise available pursuant to Minnesota Statutes
429.081.
18. Sanitary Sewer Trunk Area Charge The development is subject to sanitary sewer
trunk area charges totaling _$ . The Developer may elect to pay the sanitary
sewer trunk area charge in cash at the time of CUP approval
19. Construction Access. Construction traffic access and egress for construction is
restricted to access the site via Trunk Highway 88. No construction traffic is permitted on
the adjacent local streets except TH 88.
20. Landscaping. The Attached Site Plan (Plan A)shall be a concept landscape plan.
The Developer shall provide the City with a Final Landscape Plan (Plan D) in the form
acceptable to the City Manager. The Final Landscape Plan shall (1) show planting
location, size and plant species type. (2) Provide over standing trees on the perimeter
between this land and the residential land area to the West.. The Final Landscape Plan
shall be completed within the time of Prooferanace.
21. Special Provisions. The following special provisions shall apply to CUP:
A. The improvements shall conform to the Kenzie Terrace Redevelopment Project
Area Urban Design Guidelines. (Plan G attached) including Building fagade, signs,
lighting, screening, landscaping, plant material and pedestrian amenities.
B. All vehical, merchandize and parts storage shall occur in the building. No out
side storage will be allowed.
C An eight foot high screen wall will be placed at the South of the building and
screen the trash bin form adjacent property.
D. The building colors as provided by the developer ( Plan B ) shall be used on the
building.
E. All roof top mechanical equipment shall be self contained and shall be painted
with the same color as the building. (Plan H attached)
F. The Developer will provide the City fee tile to the land for the "Village Greenway
Area" as indicated on the attached Site Plan (Plan A).
G. The City Agrees to pay for all of the improvements in the "Village Greenway
Area".(Plan A)
H. The City agrees to provide an easement to the develper for parking on the public
frontage rd. as indicated in Plan A, however, the access to the property South of the this
property is not obstructed.
22. Warranty The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The warranty
period for streets is one year. The warranty period for underground utilities is two years.
The warranty period shall be two years on underground utilities and shall commence
following the completion and acceptance by City Council. The one year warranty period
on streets shall commence after the final wear course has been installed and accepted by
the City Manager. The. Developer shall post maintenance bonds in the amount of twenty-
five percent (25%) of final certified construction costs to secure the warranties. The City
shall retain ten percent (10%) of the security posted by the Developer until the
maintenance bonds are furnished to the City or until the warranty period expires,
whichever first occurs. The retainage may be used to pay for warranty work.
22. Responsibility for Costs
A Except as otherwise specified herein, the Developer shall pay all costs incurred
by it or the City in conjunction with the development of the CUP, including but not limited
to Soil and Water Conservation District charges, legal, planning, engineering and
inspection expenses incurred in connection with approval and acceptance of the CUP, the
preparation of this Contract, review of construction plans and documents, and all costs
and expenses incurred by the City in monitoring and inspecting development of the CUP.
B. The Developer shall hold the City and its officers, employees, consultants and
agents harmless from claims made by itself and third parties for damages sustained or
costs incurred resulting from CUP approval and development. The Developer shall
indemnify the City and its officers, employees, consultants and agents for all costs,
damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including consultant and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before
any penalty is attached, all special assessments referred to in this Contract. This is a
personal obligation of the Developer and shall continue in full force and effect even if the
Developer sells.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on
time, the City may halt the construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed.
23. Miscellaneous
A. The Developer represents to the City that the CUP and building plans complies
with all city, county, metropolitan, state, and federal laws and regulations, including but
not limited to: subdivision ordinances, zoning ordinances, and -environmental regulations.
If the City determines that the CUP or building plans not comply, the City may, at its
option, refuse to allow construction or development work until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is
compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial
of the building permits.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
G. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property has obtained consents to this Contract,
in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property; and that the Developer will indemnify
and hold the City harmless for any breach of the foregoing covenants.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to ever other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing.may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right., power or
remedy.
K. The Developer may not assign this Contract without the written permission of the
City Manager. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire plat, or any part of it.
24. Notices Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: Notices to the
City shall be in writing and shall be either hand delivered to the City Manager or mailed to
the City by certified mail in care of the City Manager at the following address:City Hall
3301 Silver Lake Rd. NE, St. Anthony, MN 55418-1603.
CITY St. Anthony
By:
It's Mayor
(SEAL)
By:
It's, City Manager
DEVELOPER:
By:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
119 , by , Mayor, and by , City
Clerk, of the City of St. Anthony, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
19 , by
Notary.Public
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of St. Anthony
3301 Silver Lake Rd.
St. Anthony, Minnesota, 55418
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your
favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your
draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. ,
dated 19_, of (Name of Bank)
b) Be signed by the Mayor or City Manager of the City of St. Anthony.
c) Be presented for payment at (Address of Bank) ,
Minnesota, on or before 4:00 PM on 19
This Letter of Credit shall automatically renew for successive one-year terms unless, at
the least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of
each year), the Bank delivers written notice to the St. Anthony City Manager that it intends to
modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified
mail, postage prepaid, and deposited in the US Mail, at least forty-five (45) days prior to the'next
annual renewal date addressed as follows: St. Anthony City Manager, St. Anthony City Hall,3301
Silver Lake Road NE St Anthony, MN 55418 , and is actually received by the City Administrator at
least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument, or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform
Customs and Practice for Documentary Credits, International Chamber of Commerce Publication
No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit
shall be fully honored upon presentation.
By:
Its
Tax rate increase law clarified
Eric Willette
League staff members have received guage for the resolution can be found decrease is less than your increase in
many inquiries regarding the new in the LMC Research memo,"Guide- HACA from 1999 to 2000 you will
"tax rate increase authorization"law lines for Preparing City Budgets need to pass a resolution. If you have
The new law,which applies to cities 2000." any questions,please call Eric Willette
over 500 population,requires passage a ote that even if you or Gary Carlson at the League,(651)
of a council resolution to authorize a decre se you evy in 2000,if the 281-1200 or (800) 925-1122.
property tax rate increase.Most of th * `
questions are in two areas—the time l
of the public hearing and resolution,
and how to make the necessary
calculations. Calculation for Sample City Mosquito
The law states that the resolution Heights
must be passed after holding a public 1999 Calculation
hearing on the issue ie eari 1• Pay 1999 Certified Net Tax Capacity Levy 1,000,000
b a re ar or s ecial council meet- ,2• Pay 1999 Certified Referendum Market Value Levy + 100,000
_� if�nu old a special council 3. Pay 1999 Total Certified Levy (1+2) = 1,100,000
meeting,you must follow all the 4. Pay 1999 Certified Levy for General Obligation Bonds - 50,000
normal publication requirements for 5. Pay Total Certified Non-Debt Levy (3-4) = 1,050,000
a special meeting.There are no new 6. Pay 2000 Fiscal Disparity Distribution Tax - 100,000
additional publication requirements 7. Pay 2000 HACA Net Tax Capacity Adjustment - 30,000
if you hold the hearing at a regu F rly- 8. Pay 2000 HACA Fiscal Disparity Adjustment - 20,000
scheduled-c ng. here
9. 1999"Net Levy"(5-6-7-8) 900,000
is no restriction m-the law on the
ate of the hearnn or t e timing
2000 Calculation
for passing the resolution—an time I
rior to October 20 is acceptable. 10. Pay 2000 Proposed Net Tax Capacity Levy 975,000
any cities plan to pass the resolution 11. Pay 2000 Proposed Referendum Market Value Levy + 100,000
concurrent wit t ie adoption o t etr 12. Pay 2000 Proposed Total Levy (1+2) = 1,075,000
preliminary lei 13. Pay 2000 Proposed Levy for G.O. Bonds - 50,000
e calculations for the new 14. Pay Total Proposed Non-Debt Levy (3-4) = 1,025,000
law can be confusing.To estimate if 15. Pay 2000 Fiscal Disparity Distribution Tax - 100,000
your proposed 2000 levy will require 16. 2000 Proposed"Net Levy"(5-6) = 925,000
a council resolution,follow the table
at the right.The information needed If 2000 line#16 is greater than 1999 line#9, you need to pass a tax rate
for the calculations must be supplied resolution
to your city by the county by Octo-
ber 1.The resolution must be submit- Notes:
ted to the county by October 20. Lines 6, 8, and 15 only apply to cities in the metro area and on the Iron Range
Failure to submit the resolution will Lines 7 and 8 only reflect increases in HACA from 1999 to 2000
limit your city to your 1999 levy,
except for increases in general
obligation debt levies.Sample lan-
August 18, 1999 Page 5
CITY OF ST.' ANTHONY
CITY COUNCIL REGULAR MEETING AGENDA
August 24, 1999
7:00 PM
Council Chambers
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
Ill. APPROVAL OF AUGUST 24, 1999 CITY COUNCIL REGULAR MEETING
AGENDA.
IV. APPROVAL OF AUGUST 10, 1999 CITY COUNCIL REGULAR MEETING
MINUTES.
V. LICENSES/PERMITS/PETITIONS.
• VI. PRESENTATION OF CLAIMS.
A. Storm Water Analyses/Flooding Issues:
1 . WSB & Associates, Inc. -
a. $1 ,103.00.
b. $3,742.75.
C. $69.00.
d. $799.50.
e. $322.50.
f. $207.00.
g. $115.88.
B. Silver Point Park. Project:
1 . WSB & Associates, Inc. -
a. $4,162.00.
C. 1999 Street Improvement Project:
1 . WSB & Associates, Inc. -
a. $15,761 .50.
D. 2000 Street Improvement Project:
1 . WSB & Associates, Inc. -
a. $655.50.
E. Verified.
VII. REPORTS.
• A. Planning Commission - August 17, 1999.
1 . Mendota Homes, Inc.; for 3621 Old Highway 8; conditional use
permit, preliminary plat, final plat, and rear yard setback.
2. Jim Furseth; for 2550 Highway 88; conditional use permit.
B. Councilmembers.
C. Mayor.
D. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. UNFINISHED BUSINESS.
A. Resolution 99-051 , re: Acquisition of 2700, 2704, and 2709 Pahl
Avenue.
B. Resolution 99-052, re: Approval of consulting firm for acquisition of
2700, 2704, and 2709 Pahl Avenue.
X. NEW BUSINESS.
A. Resolution 99-055, re: City's purchase of 2809 - 30th Avenue NE.
XI. ADJOURNMENT.
1 - CITY OF ST. ANTHONY
REGULAR CITY COUNCIL MEETING
3 AUGUST 10, 1999
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance led by the
6 Recording Secretary.
7
8 II. ROLL CALL.
9 Councilmembers present: Marks, Faust, Cavanaugh, and Thuesen
10 Councilmembers absent: Mayor Ranallo
11 Also present: City Manager Mike Morrison
12 III. APPROVAL OF AUGUST 10, 1999 REGULAR COUNCIL MEETING AGENDA.
13 Motion by Cavanaugh, second by Faust to approve the August 10, 1999 Regular City Council
14 Meeting Agenda with the following addition:
15
16 X. Unfinished Business, Item A., Purchase of 2809 30`h Avenue NE
17 Motion carried unanimously.
0 IV. APPROVAL OF JULY 27, 1999 REGULAR CITY COUNCIL MEETING MINUTES.
Motion by Faust, second by Thuesen, to approve the July 27, 1999 Regular City Council
20 Meeting Minutes with the following changes:
21 Page 3, Line 32; change "6,000.00" to 1600.00".
22 Page 9, Line 26, add "and sump pumps" to the end of the sentence.
23 Page 9, Line 32, change "31" to "46".
24 Motion carried unanimously.
25
26 V. LICENSES/PERMITS/PETITIONS.
27 Motion by Faust, second by Thuesen to approve the following licenses and permit:
28 General Contractors License:
29 Superior Roofing Company, Minneapolis, Minnesota working at 2520 Kenzie Terrace
30 Land Recycling Service,Inc., Bloomington, Minnesota working at 2542 Kenzie Terrace
31 Draintiling, Inc., Maplewood, Minnesota
32 Heating Licenses (Renewal):
33 Suburban Air, Minneapolis, Minnesota
34 Krinkie Heating & Air Conditioning, St. Paul, Minnesota
•
City Council Meeting Minutes
August 10, 1999
Page 2 •
1 Temporary 3.2 Beer Permit:
2 Douglas Parker/Central Park/September 2, 1999/Company Picnic
3 Voting on the motion: Faust, Cavanaugh and Thuesen voted aye. Marks voted nay.
4 The motion carried.
5 VI. PRESENTATION OF CLAIMS.
6 Motion by Thuesen, second by Faust to approve the following claims:
7 A. Engineering/Storm Water Analysis:
8 1. WSB & Associates, Inc. in the amount of-
9 a. $448.50 for professional services regarding general matters from June 1,
10 1999 through June 30, 1999.
11 b. $103.50 for professional services regarding DNR and FEMA Grant
12 Administration from June 1, 1999 through June 30, 1999.
13 C. $17,101.75 for professional services regarding 1999 Street, Utility, and
14 Stormwater Improvement Construction Services from June 1, 1999 through June
is 30, 1999. •
16 d. $4,220.50 for professional services regarding 2000 Street Reconstruction
17 Feasibility Study from June 1, 1999 through June 30, 1999.
18 e. $4,302.00 for professional services regarding Silver Point Park and
19 Central Park Storm Water Improvements Construction from June 1, 1999 through
20 June 30, 1999.
21 f. $828.00 for professional services regarding 1999 Flood Proofing Grant
22 Program from June 1, 1999 through June 30, 1999.
23 g. $655.50 for professional services regarding Harding Street Stormwater
24 Basin Preliminary Design.
25 B. Engineering/GAC Plant; Silver Lake Bridge; St. Anthony Boulevard Sidewalk:
26 1. SEH-RCM in the amount of:
27 a. $5,510.76 for professional services regarding Water Treatment Plant
28 Repair, GAC Filter Construction Administration, Bidding and Inspection from
29 May 1, 1999 through May 31, 1999.
30 b. $1,660.05 for professional services regarding Silver Lake Road Watermain
31 from May 1, 1999 through May 31, 1999.
32 C. $75.64 for professional services regarding St. Anthony Boulevard
33 Sidewalk Reconstruction from May 1, 1999 through May 31, 1999.
34 C. Home Buyouts:
35 1. Evergreen Land Services in the amount of$120.00 for service and expense from
36 July 1, 1999 through July 17, 1999.
•
City Council Meeting Minutes
August 10, 1999
• Page 3
1 2. First American Title Insurance Company in the amount of-
2 a. $125.00 per invoice dated July 21, 1999 for services relating to Kuharski
3 property at 2709 Pahl Avenue.
4 b. $125.00 per invoice dated July 21, 1999 for services relating to Tuohy
5 property at 2700 Pahl Avenue.
6 C. $125.00 per invoice dated July 21, 1999 for services relating to Tuohy
7 property at 2704 Pahl Avenue.
8 D. Legal Services/Prosecutions:
9 1. Dorsev & Whitney in the amount of:
10 a. $1,525.00 for legal services rendered through June 30, 1999 regarding
11 Harding Street Ponding Project.
12 b. $827.85 for legal services rendered through June 30, 1999 regarding City
13 of St. Anthony General Matters.
14 2. Foster, Wentzell, Hedback& Brever in the amount of$3,000.00 for legal services
15 rendered per invoice dated August 2, 1999.
16 E. Water Tower Park Project:
17 1. Arri oni Brothers Company in the amount of$115,166.60 per invoice dated July
27, 1999 regarding Central Park and Water Tower Playground Improvements.
F. 3 pages of Verified Claims as presented by the Finance Director.
20 Motion carried unanimously.
21 VII. REPORTS.
22 A. Resolution 99-044, re: Feasibility Study for Year 2000 Street and Utility Imlrovements
23 on 291h Avenue NE.
24 Marks, as Mayor Pro Tem, introduced Todd Hubmer, WSB, and invited him to address the
25 Council. Mr. Hubmer reviewed that discussions had been tabled on the feasibility study by the
26 Council to await the results of the public information hearing held on July 27, 1999. The intent
27 of the hearing was to gather information and input from the citizens regarding the 291h Avenue
28 reconstruction. Issues were presented and discussed at the hearing, and Mr. Hubmer referred the
29 Council to his letter of July 30, 1999, which summarized the results.
30
31 Mr. Hubmer stated that the majority of residents had indicated a preference for reconstruction of
32 the entire street from Stinson Boulevard to County Road 88. The residents felt there was a need
33 for parking on 291h Avenue, but concerns had been raised at the hearing regarding the best side of
34 the street to implement parking.
35 Mr. Hubmer further stated that the majority of residents were opposed to sidewalks along 29th
6 Avenue and the residents had expressed significant concerns surrounding:this issue. Residents
had also expressed apprehension about widening the street section of 291h Avenue or reducing
38 chokers because speeds may be increased. Mr. Hubmer said the residents felt that additional
City Council Meeting Minutes
August 10, 1999 •
Page 4
1 stop signs between Stinson Boulevard and Silver Lake Road may be beneficial in reducing
2 speeds.
3 Mr. Hubmer mentioned that the St. Anthony Police Department had been forwarded a copy of
4 the letter from WSB dated July 30, 1999, which included the residents' concerns about excessive
5 speeding along 291h Avenue.
6
7 Mr. Hubmer presented a sketch of 29`h Avenue depicting the proposed reconstruction. He
8 pointed out that the street has been narrowed to the extent allowable to assist in reducing vehicle
9 speeds, and landscaping would be implemented for a visual break. To address the residents' sug-
10 gestion on additional signage, Mr. Hubmer cautioned that inappropriately placed stops signs
11 could ultimately cause more problems. Mr. Hubmer added that the recommendations include
12 improved signage and striping along 29'Avenue.
13 Faust inquired if a change in visual appearance, such as multi-colored concrete, would be benefi-
14 cial in reducing speeds, as opposed to stop signs. Mr. Hubmer responded by stating a change in
15 visual appearance would provide some mechanism for reducing traffic speed and could be a con-
16 sideration.
17 Thuesen expressed understanding about the residents' concern regarding sidewalks, but ques- •
18 tioned whether there had been discussion pertaining to the number of children that take 29th Ave-
19 nue to Silver Lake Road as a route to school. Thuesen felt there could be a safety concern about
20 children and other pedestrians walking along 29" Avenue to obtain access to a school route or to
21 Silver Point Park, and sidewalks could be beneficial from a safety prospective.
22 Mr. Hubmer responded by stating that the number of pedestrians on 29' Avenue would need to
23 be physically counted, but that could be accomplished.
24 Cavanaugh questioned the expansion of the feasibility study from the original plan and the
25 increased cost of such expansion. Mr. Hubmer responded by reviewing the design sketch of 29`h
26 Avenue and providing detailed information about location and importance of chokers, as well as
27 requirements for street size and parking needs. Mr. Hubmer stated that the storm sewer from
28 Roosevelt to Wilson needs to be reconstructed and it was his understanding that the water main
29 was not reconstructed when the street was rebuilt in 1977.
30 Cavanaugh questioned if the County would reject the proposed plan for the street reconstruction
31 since MSA roads are required to be 40 feet. Mr. Hubmer responded that the 40-foot requirement
32 is for parking on both sides of street, and the 28-foot requirement does not allow for parking.
33 Mr. Hubmer stated the County may request design modifications, but the changes are not
34 expected to be significant. •
City Council Meeting Minutes
August 10, 1999
• Page 5
1 Cavanaugh asked for clarification regarding landscaping along 29`'Avenue. Mr. Hubmer
2 referred to the plan, which provided for boulevard trees by the chokers and reducers.
3 Cavanaugh wished to recommend decorative lighting along 29`'Avenue and St. Anthony
4 Boulevard. He felt that lighting would not only improve any safety concerns from residents, but
5 would also soften the residential area.
6 Mr. Hubmer reminded the Council that decorative lighting would not be covered by municipal
7 funds unless it was determined that the lighting was a requirement. Marks suggested this topic
8 be resolved at a later time.
9 Julie Kimbllin, 2705 29`'Avenue NE, stated she had attended the public hearing on July 27,
10 1999, but wished to express her concerns to the Council. She stated she had organized a petition
11 containing 81 signatures in opposition to the proposed sidewalks and such petition would be filed
12 with the Council. In addition, she was disappointed that she had been unaware until recently of a
13 "Community Plan" that included sidewalks. Ms. Kimbllin stated that it was the residents' belief
14 that sidewalks were not necessary and could decrease property values. She commended Mr.
15 Hubmer for his representation of the issues at the public hearing. Ms. Kimbllin wished to clarify
is that the recommendations from WSB suggest that if a sidewalk were implemented, it should be
placed on the south side of the street. However, she wanted to clarify that the residents at the
18 meeting strongly opposed any sidewalks at all.
19
20 Ms. Kimbllin did not feel that a stop sign was needed at every corner, but possibly a stop sign
21 towards the middle would be more appropriate. Ms. Kimbllin questioned whether the
22 homeowners would incur the cost of the proposed decorative lighting mentioned by Cavanaugh.
23 Marks thanked Ms. Kimbllin for her input and provided a response to her concern about a Com-
24 munity Plan. Marks stated that a Comprehensive Plan was put together years ago, and that hear-
25 ings were held and the entire community was invited to speak.
26 Faust clarified that the Comprehensive Plan is considered the "blueprint for the future" and that
27 every city has such a plan. Faust stated that the City encouraged community involvement and he
28 would invite residents to view the Comprehensive Plan on file with the City.
29
30 Thuesen asked the Council if it would be possible to determine if property values would fluctuate .
31 due to the addition of sidewalks.
32
33 Marks stated that sidewalks were installed on the street in which he lived after he moved to St.
34 Anthony. He further stated that conditional litter attributed towards sidewalks was not noticed
�5 nor were any feelings of invasion of privacy.
City Council Meeting Minutes
August 10, 1999
Page 6 •
1 Cavanaugh stated that making the transition to sidewalks is understandably difficult. On the
2 other hand, he believes that sidewalks are beneficial and that residents are not aware that some of
3 the property to be utilized for sidewalks is considered public property. Cavanaugh feels that the
4 character along 29'h Avenue could be improved by adding sidewalks and decorative lighting.
5 Cavanaugh clarified that he would prefer buried cables for the decorative lighting. In retrospect,
6 Cavanaugh stated that the intent of the proposed project is to solve the storm water problem and
7 he would not support any insistence on sidewalks. He stated, however, that from a safety
8 prospective, sidewalks, decorative lighting, and landscaping could have a calming effect on the
9 neighborhood.
10 Martha Johnson, 2816 29`h Avenue, stated that she believes that lot size is not being considered
11 in relation to sidewalks. She requested that the Council considered the possibility of decreased
12 property values upon installation of sidewalks due to reduction of lot size.
13 Richard Perrin, 3217 29'h Avenue, stated he had resided in St. Anthony since he was three years
14 old and has lived on 29''Avenue for 13 years. He confirmed that the residents are opposed to
15 sidewalks, except around park areas. He concluded that, after measuring the lot for his home, a
16 sidewalk, if implemented, would be approximately 20 feet from his front door.
17 •18 Mr. Perrin offered that many residents feel a safer street could be accomplished by a stronger
19 police presence in the area. He stated that most of the children who wait for the school buses
20 wait in their own driveways or a driveway close by their home, and the absence of sidewalks has
21 not been a concern.
22
23 Mr. Perrin questioned if the proposed reconnection fee to homeowners of$400 is a guaranteed
24 figure.
25
26 Marks asked City Manager Mike Morrison to respond. Morrison stated residents would be
27 assessed a water reconnection fee of$400.00, and he then reviewed the process of obtaining
28 MSA funds for the balance of the street reconstruction.
29
30 Marks reassured Mr. Perrin that homeowners would not be assessed charges, other than the
31 reconnection fee, due to the street reconstruction. Cavanaugh disagreed that assurances could be
32 given as MSA funds have not been received. Faust clarified that the reconstruction would not
33 occur until MSA funds have been received. Cavanaugh expressed concern that MSA funds
34 would not be approved because such funds were not mentioned in the original plan from the task
35 force.
36 Morrison stated that the City had raised storm sewer rates in previous years to help solve the
37 flooding problem. He further clarified that MSA funding was not in the original plan from the •
38 task force because the firm of WSB was originally hired to solve the flooding problem and not to
39 reconstruct the streets. The policy has been redirected to include the extension of the project.
City Council Meeting Minutes
August 10, 1999
• Page 7
1 Sandy Callen, 3204 29`h Avenue, stated that she has three children and is concerned about having
2 sidewalks take up part of the play area in the front yard,. She is also concerned about strangers
3 utilizing the sidewalk and the impact it would have on her children since the sidewalk would be
4 close to her home. Ms. Callen does not feel that sidewalks are a necessity, and would be inter-
s ested in a study on the impact of sidewalks and stranger safety.
6 Faust reviewed that the issue had been a flooding problem from Silver Lake Road to the west and
7 also involved 291h Avenue. He clarified that Mr. Hubmer had been requested to consider long-
8 term goals in presenting a plan in anticipation of saving money for the community in the future.
9 Faust stated that issues naturally evolved around the plan and sidewalk and lighting discussions
10 have now occurred. He stressed that the intent is doing the project correctly and in the best
11 interest of the community for both short- and long-term goals. Faust reiterated that the Council
12 is interested.in community input and does not harbor preconceived notions regarding the
13 outcome of the project.
14 1
15 Faust commented that the project would not encumber the community by starting without
16 approved financing. He added that he viewed the proposed signage; choke points, and
17 landscaping as beneficial in providing a calming effect for the community.
108 Thuesen echoed Faust's opinions and reiterated that the City is,attempting first to solve flooding
19 issues. He asserted that flexibility and compromise are tantamount to the success of the discus-
20 sions and the project itself. He felt that the residents' opinions needed to be heard and
21 considered and affirmed that none of the plans.have been finalized. Thuesen stressed the
22 importance of completing the project correctly the first time, and placing the community in a
23 good position for the future. In regard to the issue of sidewalks, Thuesen felt that discussions
24 were vital to achieving a positive outcome.
25 Cavanaugh commented that the discussion was centering on Resolution 99-044 and the estimated
26 cost of$2,630,000. He stated that he would like to add to the recommendations that the issue of
27 decorative lighting with buried cables be considered by the Council. He clarified that he does
28 not support reconstruction from 29`h Avenue to Highway 88. He felt that the proposed
29 landscaping would be beneficial. Cavanaugh further stated that he primarily supported solving
30 the flooding problem and, at this point, would not support sidewalks in light of the petition. He
31 also mentioned he would discuss with the police department an issue that has arisen regarding
32 loud mufflers in the City.
33 Marks reviewed the issues at hand and stated that there are many choices to be considered. He
. 34 felt that the decorative lighting issue needs to be evaluated; the sidewalk issue discussed more;
35 and the financing put into place. He mentioned the possibility of completing the project in two
40 6 phases or all at once, and asking WSB and staff to evaluate other plans.
City Council Meeting Minutes
August 10, 1999 •
Page 8
1 Mornson wished to clarify for Julie Kimbllin that he believes it would be the responsibility of the
2 homeowners to pay for decorative lighting along the street. Cavanaugh disagreed stating the
3 street would be considered an MSA road, and therefore MSA funds could pay for the lights.
4 Mornson was referring to the decorative lights in the Skycroft area where the residents were
5 assessed for the difference.
6 Marks pointed out that Don Johnson, 2816 29`h Avenue, had sent a message to the Council that
7 he was unable to attend the meeting, but wished to state his support for the street project, with
8 the exception of the sidewalks.
9 Motion by Cavanaugh, second by Thuesen to table Resolution 99-044 until the first Council
10 meeting of September 14, 1999.
I 1 Motion carried unanimously.
12 Marks reminded the Council that the first meeting for the month of September would be
13 September 14, 1999.
14
15 B. Councilmembers. •
16 Thuesen extended congratulations to the Parks Commission for the success of Water Tower Park.
17 He had been unable to attend the grand opening, but was impressed with the progress and out-
18 come of the park. He wished to express his sincere appreciation to the Commission for the dedi-
19 cation involved in making Water Tower Park a success.
20 Faust agreed with Thuesen's remarks and encouraged residents to enjoy and utilize the park. He
21 stated the park was an obvious success during VillageFest and thanked the Commission as well
22 for the success and accomplishment of Water Tower Park. Faust said that VillageFest was an
23 exciting celebration, which included a street dance, parade and a variety of other activities. Faust
24 reported that the Kiwanis pancake breakfast served a large amount of people and he was pleased
25 that the event was a success.
26 Faust wished to make the public aware of a need for special commendation. In reading the Fire
27 Chief s report,-it came to his attention that two of the Public Works employees witnessed an
28 accident where individuals needed assistance. After calling for emergency assistance, the two
29 Public Works employees administered first aid until additional help arrived. Faust wished to
30 commend Tom Owens and Merrill Fisher for their heroic efforts and to extend appreciation on
31 behalf of the citizens that were served.
32
33 Cavanaugh announced that he attended the National Night Out festivities and expressed
34 satisfaction with the result of the event. He would encourage additional participants for next •
35 year. Cavanaugh confirmed that the dedication of Water Tower Park was successful and stated
36 that he had received many positive comments from residents. Cavanaugh wished to bestow con-
City Council Meeting Minutes
August 10, 1999
• Page 9
1 gratulations to the Parks Commission, Public Works Director Jay Hartman, City Staff, and vol-
e unteers for their dedication in making Water Tower Park successful.
3 Cavanaugh suggested two changes for the park. One is the portable restrooms, or satellites. He
4 would like to implement permanent restrooms. The second suggestion is the addition of waste
5 containers. Public Works Director Jay Hartman stated the waste containers and the benches
6 have been ordered and are expected to be shipped within a week.
7 Cavanaugh stated that VillageFest was a festive event and enjoyed by many residents. Nativity
8 Lutheran was a new participant this year and was successful in giving away a large amount of ice
9 cream. He stated there were 54 units in the parade, with a talent show and band. He wished to
10 thank the City for sponsoring the fireworks display, and the City Manager and Staff in providing
11 assistance to the volunteers. Cavanaugh expressed gratitude to Gary Shun as Chairman of
12 VillageFest.
13
14 C. Mayor.
15 Marks spoke as Mayor Pro Tem, and agreed that National Night Out was an event to remember.
16 He stated that each year there are more participants and this adds to the enthusiasm. Marks
believed National Night Out was an interesting event and hoped to encourage more residents to
participate.
19 Marks mentioned that he attended the recent Parks Commission meeting and that the satellites
20 were a topic of discussion. He clarified that the engineering firm of BRW was putting together a
21 cost proposal regarding the satellites and other remaining issues for the park, but the preliminary
22 cost estimate exceeded the Parks Commissions' expectations. In any event, a proposal from the
23 Parks Commission regarding Silver Point Park and Water Tower Park would be forthcoming
24 once some cost issues have been resolved.
25 Marks spoke about the Sister City Organization. He stated that a request had been received from
26 Salo, Finland renewing interest in an exchange program for next year. Marks reviewed the suc
27 cess and excitement of the exchange this year and presented brochures that are available for more
28 information. Marks encouraged participation in the Sister City Organization and also mentioned
29 the group will be holding an annual meeting soon and would welcome additional leadership
30 capabilities.
31 D. City Manager.
32 Morrison reported that he had attended a fourth meeting with the new owners of the St. Anthony
33 Shopping Center and felt the progress is of a positive nature: There was a consensus that a
34 significant area will be designated for green space, which could include a gazebo. The shopping
40 5 center owners and the new prospective owners of Town and Country have shown willingness to
cooperate in implementing the proposals. Morrison stated it is possible that the HRA would
37 contribute funds to design the green space, and the City would maintain such green space.
City Council Meeting Minutes
August 10, 1999 •
Page 10
1 Another concept is that developer or shopping center owners would construct the green space
2 based on City approval. Mornson stated that the architect for the shopping center has experience
3 in center redevelopment. Mornson encouraged the Council to review the architect's past
4 projects.
5 Mornson reminded the Council that a conditional use permit for Town and Country would be
6 forthcoming on the agenda at a future meeting.
7 Cavanaugh related that he had received telephone calls from residents about the possible sale of
8 motorcycles at the old Town and Country site. Morrison reminded the Council that retail sales
9 are a permitted use.
10 Morrison stated that more negotiations may take place regarding the last property on Kenzie
11 Terrace. Mornson informed the Council that union contracts are up for renewal as of December
12 31, 1999 and more information will be forthcoming on that issue at a later date. He will be
13 negotiating the contracts with the three unions over the next several months.
14 VIII. PUBLIC HEARINGS - None.
15 IX. NEW BUSINESS. •
16 A. Resolution 99-053, re: ISD #282's Request to Construct a Fire Service Road on Ci1y
17 Property.
18 Motion by Cavanaugh, second by Thuesen to approve the request from ISD#282, as a part of
19 their construction of a fire road, for rehabilitation of the City-owned service road located on the
20 west side of the St. Anthony/New Brighton Middle School at a cost to the City of$8,933.00.
21 Motion carried unanimously.
22
23 B. Resolution 99-054, re: Deferment Requests for 1999 Special Assessments.
24 Motion by Faust, second by Thuesen to approve that the following special assessments for the
25 1999 Street Improvements Projects be deferred:
26 1) Marjorie M. Hirt $2,271.20
27 2815 Wilson Street
28 St. Anthony, Minnesota 55418
29 2) Ann E. Larson $3,295.21
30 2813 Pahl Avenue
31 St. Anthony, Minnesota 55418
32 Motion carried unanimously. •
City Council Meeting Minutes
August 10, 1999
• Page 11
1 X. UNFINISHED BUSINESS.
2 A. Purchase of 2809 3011 Avenue NE.
3 Marks invited Todd Hubmer, WSB, to address the Council regarding the purchase of 2809 30'h
4 Avenue NE. Mornson requested that Mr. Hubmer provide information that would justify the
5 City's purchase of the property. In response, Mr. Hubmer distributed copies of a memo dated
6 August 10, 1999 from WSB & Associates.
7 Mr. Hubmer reviewed the memo stating that the property is located within the limits of the pro-
8 posed Harding Street Storm Water Improvement. The benefits of purchasing the property at this
9 time include: (1) relieving the need to acquire ponding easements over the rear portion of the
10 property; (2)utilizing the property to construct overflow swale; (3) utilizing the parcel as the
11 construction and maintenance access to the storm water holding area; and(4) reducing the need
12 for easements to be acquired form adjacent properties to the west. -
13 Marks asked if.the HRA or the City would be responsible for purchasing the property. Mornson
14 stated the responsible party would depend on the projected outcome of the property.
15 Marks questioned the timeline before a decision would be made concerning the Harding issue.
9 6 Mr. Hubmer stated that progress is being made and that a public meeting would be held in
7 September 1999. Marks clarified his concern about the timeframe that the Council had to make a
18 decision. Mr. Hubmer responded by stating an estimate would be the beginning of next year.
19 Mornson stated that the question immediately at hand is whether or not the Council wished to
20 direct Staff to negotiate a purchase agreement for the property at 2809 30`1 Avenue NE.
21 Faust stated that if the Council decided to proceed with negotiations for the purchase, it should
22 be made clear that the property would stay in the current condition until due diligence studies are
23 completed by the engineers. Faust clarified that if the studies determined that the property was
24 not conducive to the City's original plan, then the property could be sold in its original condition.
25 Marks affirmed that the purchase of the property is an opportunity and does not bind the City at
26 this point. He agreed that if the project is determined to be unfeasible,the property could be
27 resold in its original condition.
28 Thuesen reiterated that it should be made apparent to the residents that the potential purchase of
29 the property is simply a process and that the City is not buying the property for the sole purpose
30 of tearing it down. That could be the ultimate result, but it is not the sole original intent.
•
City Council Meeting Minutes
August 10, 1999
Page 12
1 Motion by Cavanaugh, second by Faust to direct City Manager to take the necessary steps to
2 engage in a purchase agreement for 2809 30' Avenue and to return to the Council with a
3 progress report.
4
5 Motion carried unanimously.
6 XI. ADJOURNMENT.
7 Motion by Cavanaugh, second by Faust to adjourn the meeting at 8:50 p.m.
8 Motion carried unanimously.
9 Respectfully submitted,
to Sue Selseth
11 Timesaver Off Site Secretarial, Inc.
12 •
13 Mayor
14 ATTEST:
15 City Clerk
•
Saint Anthony Village
DATE: August 24, 1999 Approv
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval
Temporary 3.2 Beer & Wine Permit:
St. Charles Borromeo Fall Cookout /September 17, 1999/5:OOPM to Midnight
•
•
BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,P.E.
• Ronald B. Bray, RE.
612-541-4800 August 9, 1999
&Associates, Inc. FAX 541-1700
Invoice No: 01065.35-0000006
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
1999 Flood Proofing Grant Program
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Hubmer, Todd 13.00 69.00 897.00
Report/Feasibility Study
Steuernagel, Michael 4:00 51.50 206.00
Totals 17.00 1,103.00
Total Labor 1,103.00
• Total this invoice $1,103.00
Comments:
Approved by: �-
Principal: Peter Willenbring
Project Manager:Todd Hubmer
Minneapolis St Cl o it d
Infrastructure Engineers Planners
BA. Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,P.E.
• Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 August 9, 1999
Invoice No: 01065.43-0000004
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Harding Street Stormwater Basin Preliminary Design
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Drawings/Layouts
Hubmer, Todd 6.00 69.00 414.00
Ische, Steven 2.00 78.00 156.00
Neve, Graham 6.00 39.00 234.00
Zevenbergen, Carol 2.00 46.00 92.00
Totals 16.00 896.00
Total Labor 896.00
• Unit Billing
2-Person Survey Crew
29.5 Hours @ 96.50 2,846.75
Total Units 2,846.75 2,846.75
Total this invoice $3,742.75
Comments:
Approved by
Principal: Peter Willenbring
Project Manager: Todd Hubmer
•
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
♦`PYT/.• l�nnllnTTT1 Tf if\/T1T—%1 n
BA.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
• 612-541-4800 Ronald B. Bray,P.E.
&Associates, Inc. FAX 541-1700 August 9, 1999
Invoice No: 01065.50-0000001
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Review of Silver Lane Plans
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Plan Review
Hubmer,Todd 1.00 69.00 69.00
Totals 1.00 69.00
Total Labor 69.00
Total this invoice $69.00
•
Comments:
Approved by: Principal: Peter Peter Willenbring
Project Manager: Todd Hubmer
Minneapolis St ". C l o u d
Infrastructure Engineers Planners
B.A. Mirtelsteadt, P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
Peter R.Willenbring,P.E.
8441 Wayzata Boulevard g.
Minneapolis, MN 55426 Donald W.Sterna, P.E.
• Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 August 9, 1999
Invoice No: 01065.19-0000001
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Evaluation of Home Buy-Out Alternatives
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Report/Feasibility Study
Hubmer, Todd 3.50 69.00 241.50
Willenbring, Peter 6.00 93.00 558.00
Totals 9.50 799.50
Total Labor 799.50
• Total this invoice $799.50
Comments:
Approved by: `
Principal: Peter Willenbring
Project Manager: Todd Hubmer
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
B.A.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,PE.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,P.E.
'A lyafff• Ronald B. Bray,P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 August 9, 1999
Invoice No: 01065.18-0000001
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Mn/DOT Turnback
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Quantity/Cost Opinion
Hubmer, Todd 0.50 69.00 34.50
Research/Data Collection
Ische, Steven 3.50 78.00 273.00
Totals 4.00 307.50
Total Labor 307.50
Reimbursable Expense
• Reproductions
08/04/99 Steven Ische Documents 15.00
Total Reimbursables 15.00 15.00
Total this invoice $322.50
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer
Minneapolis St .. Cloud
Infrastructure Engineers Planners
BA. Mittelsteadr,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R.WillenbrinC, P.E.
Minneapolis, MN 55426 Donald W.Sterna, P.E.
• Ronald B. Bray, P.E.
612-541-4800 August 9, 1999
&Associates, Inc. FAX 541-1700 Invoice No: 01065.15-0000009
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
DNR& FEMA Grant Administration
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Hubmer, Todd 3.00 69.00 207.00
Totals 3.00 207.00
Total Labor 207.00
Total this invoice $207.00
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer
M i n n e a p o l i s S t .. C l o u d
Infrastructure Engineers Planners
B.A.Miccelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,PE.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,PE.
• Ronald B. Bray,P.E.
612-541-4800 August 9, 1999
&Associates, Inc. FAX 541-1700 Invoice No: 01065.01-0000006
City of St.Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
General Services
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
General
Doyle, Charity 1.25 51.50 64.38
Witkowski, Ted 1.00 51.50 51.50
Totals 2.25 115.88
Total Labor 115.88
Total this invoice $115.88
® Comments:
RCWD permit regarding City Hall changes.
Approved by: �
Principal: Peter Willenbring
Project Manager: Todd Hubmer
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
B.A.Mirtelsreadr, P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
IVSA8 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,P.E.
Afifflallsim• Ronald B. Bray,P.E.
FAX
&Associates, Inc. FAX 541-4800 Au g ust 9, 1999
Invoice No: 01065.31-0000010
City of St.Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
Silver Point Park& Central Park Storm Water Improvements
Construction
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Project Management/Coordination
Hubmer,Todd 12.00 69.00 828.00
Meetings
Hubmer,Todd 5.50 69.00 379.50
Kennedy, James 1.50 86.00 129.00
Totals 19.00 1,336.50
Total Labor 1,336.50
• Consultants
STS Consultants Ltd
07/16/99 STS Consultants LTD. Invoice No. 994023 254.00
Total Consultants 254.00 254.00
Unit Billing
2-Person Survey Crew
1.0 Hour @ 96.50 96.50
Construction Observation
45.0 Hours @ 55.00 2,475.00
Total Units 2,571.50 2,571.50
Total this invoice $4,162.00
Comments:
Approved by: --
• Principal: Peter Willenbring
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Plnnners
POT TAT C)PPC)PTT TNTTY FNAPT C)VPP
e/ B.A. Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss, P.E.
8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W Sterna,P.E.
® Ronald B. Bray,P.E.
612-541-4800 Au gust 9, 1999
&Associates, Inc. FAX 541-1700 g
Invoice No: 01065.23-0000006
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
1999 Street, Utility, and Stormwater Improvement
Construction Services
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
General
Kennedy, James 3.50 86.00 301.00
Marshall, Nancy 0.75 40.00 30.00
Project Management/Coordination
Hubmer, Todd 14.50 69.00 1,000.50
Meetings
Hubmer, Todd 13.50 69.00 931.50
Totals 32.25 2,263.00
Total Labor 2,263.00
Reimbursable Expense
Misc Reimbursable Expense
08/02/99 Determan Brownie, Inc. Invoice No. 196539 372.50
Total Reimbursables 372.50 372.50
Unit Billing
2-Person Survey Crew
34.0 Hours @ 96.50 3,281.00
Construction Observation
179.0 Hours @ 55.00 9,845.00
Total Units 13,126.00 13,126.00
Total this invoice $15,761.50 .
Comments:
• Approved by: �9-�'`'
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners
B.A.Mittelsteadt, P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
AVS8 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna, PE.
• Ronald B. Bray, P.E.
612-541-4800
&Associates, Inc. FAX 541-1700 August 9, 1999
Invoice No: 01065.25-0000003
City of St. Anthony
Attn Michael Mornson
3301 Silver Lake Road
St Anthony MN 55418-1699
2000 Street Reconstruction Feasibility Study
Professional Services: July 1, 1999 through July 31, 1999
Professional Personnel
Hours Rate Amount
Report/Feasibility Study
Hubmer, Todd 9.50 69.00 655.50
Totals 9.50 655.50
Total Labor 655.50
Billing Limits Current Prior To-date
Total Billings 655.50 5,864.00 6,519.50
Limit 13,200.00
• Remaining 6,680.50
Total this invoice $655.50
Comments:
Approved by:
Principal: Peter Willenbring
Project Manager: Todd Hubmer
•
M i n n e a p o l i s St .' . C l o u d
Infrastructure Engineers Planners
r�r rA AT C%nn�nTi TArr-t-v rxxnr�vr.n
FINANCIAL SYSTEM ST. ANTHONY VILLAG
����1771999-' 15�--------- f���-R ---------�---�G[�4OR�VO6-DO-PAGE---
��N� _ - -�-- - ^
eANK VENDOR CHECK# DATE AMOUNT
LIQR LIQUOR CHECKING ACCOUNT
`
� 004225---ALLIANT FOODSERVI-CE__ --------
�,7OI�76----
004015 AMERIPRIDE LINEN 1509 O8/25/99 152.52
004293 BELLBOY CORP . 15330 08/25/99 663 .42
-OO4O8O -CHISAGO-ZAKES-DIST-.- CO-.--,'---------15331-O8V25799---- --4;O74.21 - '
004087 CITY PAGES 15332 08/25/99 231 .00
000685 COAST TO COAST 15333 O8/25/99 55.23
-
004107 - COMPTON'S-COMMERCIA[-C[N---------15334-O8/25799 '-----2�'445.95-- -
004106 CREATIVE MARKETING 15335 08/25/99 1 . 190'41
007382 CROWN FENCE & WIRE COMPA 15336 08/25/99 2,305.00
008557 DAILEY DATA -&-ASSOCIATES O8/25/99 ' -- 2,220100 - '
OO8437 DIRECTV 15338 08/25/99 37.22
004114 DREW/MARY 15139 O8/25/99 723.00
004120 --EAGLEWINE'CO--'----------------1534O -O8725799 ---'--2;'541 .52- ---
004125 EAST SIDE BEVERAGE CO 15341 O8/25/99 24,904.30
004142 FOCUS NEWS 15342 08/25/99 379 .58
O04141 FRITZ COMPANY;_INC .--- ----- ---15343 O8/25/99 -' - 6;357'56 ---
004172 GRAPE BEGINNINGS, INC . 15344 08/25/99 289.00
004175 GRIGGS COOPER & CO INC 15345 08/25/99 23, 7O3.O7
��
004199 HARKER/S DIST1-INC;'-- -'- - --15346 -08/25/99 - - 338.'87
004201 HEGGIES PIZZA 15347 08/25/99 238.05
004207 HOHENSTEIN 'S, INC 15348 08/25/99 3,558.55
004205 HOME JUICE CO - ' --- ' - - 15349 08/25/99 �65.75
004220 JOHNSON BROS. LIQ. 15350 08/25/99 12 ,335. 22
004230 KUETHER DISTRIBUTING CO 15351 OB/25/99 54, 536.8O
004229 LARSON/MICHAEL -' '� '- - -- - - 15352 O8/25/99~ ' 290.10
002040 LILLIE SUBURBAN NEWSPAPE 15353 08/25/99 675. 00
004266 MARKET MECHANICAL 15354 08/25/99 1 ,708. 12
004272 METZ BAKING CO - - ' - -15355 08/25799 - - 181 .67 --
004299 MPLS. OXYGEN CO. 15356 08/25/99 4 .65
004334 NORTHEASTER 15357 08/25/99 538.00
002680 NORTHERN STATESPOWER - - - 15358 08/25/99 - - -- --5;594.68
000045 OFFICE DEPOT 15359 08/25/99 3.63
004345 OLD DUTCH FOODS INC 15360 08/25/99 97 .44
004354 PAUSTIS & SONS ------�---- - --15361-08/25199----7 -76214O
004360 PHILLIPS WINE & SPIRITS 15362OB/25/99 3,237. 11
004361 PINNACLE DIST. 15363 08/25/99 23.50
004376 PRIOR WINE - CD ------ 64551i75 ----
004385 QUALITY WINE CO 15365 08/25/99 10,058.31
002380 RELIANT ENERGY MINNEGASC 15366 08/25/99 286.32
008373 RM NELSON DBA ENVIRONME-- - - --15367-O8/25/99 - -'- ----85.00 -
004393 RON 'S ICE 15368 08/25/99 2,390.24
002420 STAR TRIBUNE 15369 08/25/99 32. 12
004466 SYSCO-MINNESOTA - ---' -- - - '' 1537O 08/25/99 - - - ' 1 ,594w82 -
004468 TOTAL REGISTER SYSTEMS 15371 08/25/99 68.26
004480 TWIN CITY FILTER SERVICE 15372 08/25/99 54.89
���N00362O TWIN TIRES - - - --- - ' -15373 08/25799 ' 54.89 -
��
004492 U S WEST COMMUNICATIONS 15374 08/25/99 517 .39
008507 US FOODSERVICE 15375 08/25/99 108.60
BRC FINANCIAL_ SYSTEM ST. ANTHONY VI Gl
--ChecF-Reg ister —"---------GL540R=V06:00-PAGE
SANK VENDOR CHECK## DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
---008219---------US--WEST--DEX -15376--08/'25/99------------B9=)-.-02 ---------
004490 VAL-PAK OF MINNESOTA 15377 08/25/99 1 , 125.00
003710 VAN O LITE INC 15378 08/25/99 38. 11
4._---_._.__.WASTE .MANAGEMENT-=--B LAIN— 1 5379-.08/25%99.-_---._."-_- ---327.43 ------ --
004497 WEYERHAEUSER 15380 08/25/99 25.00
008310 WINE MERCHANTS INC 1.5381 08/25/99 248.00
- 003840 Z E P -MFG--C OMPAN`f- --- -----1-5382-0 8 7 25%99 — -- - --_-235;.43 - -
LIQUOR CHECKING ACCOUNT 182,860.871
•
C.-FINANCIAL--SYSTEM ______-__- _ANIHONY_VILLAG
/18/1999 11 : Check Register GL540R-V06.00 PAGE
_
BANK__.____. __ VENDOR K#--_.DATE-_--____ _AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
OO8242 AFFILIATED COMPUTER SERV 10228 08/25/99 4,598~56
008227 AIRTOUCH CELLULAR, BELLE 10229 08/25/99 246.27
' _''000120_ _'AMERI PRIDE-__
007338 AMERICAN EXPRESS 10231 08/25/99 94.66
008339 AREA MECHANICAL, INC 10232 O8/25/99 772.85
007322_ ' BERGER][RANSFEB_&_SZO RAG_____-__'1D233_O8Z25/99____' _ 393.97
.00004 BERNICE SOLZ 10234 08/25/99 50.00
007187 BERNIES STUMP REMOVAL 10235 08/25/99 197.03
.... OO8555 -�_BIFFS, INC . 08/25/99-__-_ '__525.52
008153 BOB 'S PERSONAL COFFEE SE 10237 08/25/99 55.48
.00001 BOOKER T 'S 10238 O8/25/99 364.8O
OO5136-'- '-BRI SKI/TIM______ ____'---10239_O8/25/99-____--_-200..00___-_
007164 CARL-SON EQUIPMENT CO 10240 08/25/99 205.01
004107 COMPTON 'S COMMERCIAL CLN 10241 08/25/99 3,987.36
-000815 - COTRONEO/DOMINIC--_-__-_--____'__1O242-D8/25/99_-'- ___
008551 DAVE 'S APPLIANCE HTG & A 10243 08/25/99 201 .35
000800 DAVIES WATER EQUIP CO. 10244 08/25/99 80 .87
' .00001 DEPT. OF. PUBLICSAFETY_-_______1O245 'O8/25/99. - ' - ' - - 25.00- -
004110 DICKSON ELECTRIC 10246 O8/25/99 180.00
005048 DPC INDUSTRIES INC 10247 08/25/99 6.00
007381 EASTSIDE AUTO_ -------__ 1O248_O8/25/99 - 692 .25 -
001025 G & K SERVICES 10249 08/25/99 43. 15
001030 G & K SERVICES 10250 08/25/99 336 .09
_001140 GENUINE PARTS _COMpANY'-_____'-_.1O251'O8/25/99- - .- - 12.76 - -
OO8199 GOLD COUNTRY, INC . 10252 08/25/99 281 .72
001230 GOPHER STATE ONE CALL 10253 08/25/99 133.00
001420 HAWKINS WATER-TREATMENT___ - _1O254O8/25/99. ' 57..59_
008432 HENNEPIN COUNTY TREASURE 10255 08/25/99 25.00
008252 HOME DEPOT-GECF 10256 08/25/99 229.44
007310 JIM HATCH SALES i-CO. _-'--1O257_O8�25/�9-- - _ 261^62_-
008349 JOHN 'S SOD 10258 O8/25/99 92.40
008454 KLEESPIE TANK/PETROLEUM 10259 08/25/99 146.03
007392 LARSON_ COMPANIES 1O26�_O8/25/99_- - -_- 6,^22 '
008390 LUBRICATION TECHNOLOGIES 10261 08/25/99 6, 212.02
008556 M-B COMPANIES, INC . OF W 10262 08/25/99 1 ,249.R7
008197 MCI WORLDCOM- - -92^34-_'
004271 MEDIA ONE 10264 08/25/99 2.72
007129 MEDTOX 10265 08/25/99 154.00
008245 MET R-0. ..FZRE._____-
007835 METROCALL 10267 08/25/99 22.67
0D8467 MIDWAY FORD 10268 08/25/99 1 , 139. 18
002280 -MIDWEST ASPHAL]-,C[lR-P___-____-___-1D269_O8/25/99'__'_ - -571.2O__
007359 MIDWEST COCA-COLA BOTTLI 10270 O8/25/99 77.70
002320 MINAR FORD INC 10271 08/25/99 99.00
0 008045 MN COUNTY, AT7YS''AG�N-_-__ _--_---1O272�O8/�5/9�_.�
OO8198 MORNSON/MICHAEL
10273 08/25/99 324.40
.00002 MRPA 10274 08/25/99 355.00
002505 NARDINI FIRE EQUIP -__--__ 1O275-<]8/25/99.- _ _ ' '63^33. -
-- ------_ - - - - -
___ BRC_.FINANCIAL- .SYSTEM_. -- _.—__ ___--__ST_ —ANTHONY._VI
08/18/1999 11 : Check: Register GL540R—VO6.00 PAGE
_CHECK#--_-DATE. .- - - AMOUNT..__ ._
FIRS FIRSTAR ST. ANTHONY CHECKING
008282 NETLINK INTERNATIONAL 10276 08/25'/99 435.00
002680 NORTHERN STATES POWER 10277 08/25/99 15, 121 .81
.008285 . . . NOVA_.ENVIRONMENTAL_SERV..._---__—___-_10278_-08/_25./99_ - ._ 1 ,_405".00_.__.__
000045 OFFICE DEPOT 10279 08/25/99 321 .31.
008528 PACE ANALYTICAL SERVICES 10280 08/25/99 369.00
007366 .- -..... PARTS _.MIDWEST,.-_INC.. __.-__-____ __1028.1__08-/25/_99_.-___
006330 PASCHKE/ROBERT 10282 08/25/99 40.85
002380 RELIANT ENERGY MINNEGASC 10283 08/25/99 2,089. 19
005293 ROAD RUNNER . .____—_—_—_-__10284_-_08./25/.99-. .
.00003 ROBERT STAFFORD 10285 08/25/99 47.80
001810 ST. ANTHONY VILLAGE KIWA 10286 08/25/99 33.00
003260 T A SCHIFSKY_-&__SONS__—__—___--__10287-_n8/_25/99_-_.._.--._.-_._-.21,2-.56--_-___.
007337 TIMESAVER OFF SITE SECRE 10288 08/25/99 299.25
003560 TRACY PRINTING 1028908/25/99 297.00
003567 TRADE TOOLS_ IN_ C. .---- --...--------.------------.-10290._.08/25/99- _ .51.37
008372 U S 'WEST INTERACT SERVIC 10291 08/25/99 65.00
008010 UNIFORMS UNLIMITED 10292 08/25/99 207 .97
008336 UNITED ELECTRIC COMPANY. ___-- __.. _-.____10293_-08/.25/99-_, _ . 24.3 7. .__ .. .
002700 US WEST COMMUNICATIONS 10294 08/25/99 1 ,943.04
008554. VANCE BROS. , INC . 10295 08/25/99 111 .61. •
004494 WASTE MANAGF_MENT . BLAIN 260.77 -
003820 ZAHL EQUIPMENT COMPANY 10297 08/25/99 14.29
FIRSTAR ST . ANTHONY CHECKING _-..._ .__.-._.. -.._....___ __....--_... 48,671,..35 - ,. .
I CITY OF ST. ANTHONY
UKAFT
2 PLANNING COMMISSION MEETING
•3 AUGUST 17, 1999
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance led by Chair
6 Bergstrom.
7 II. ROLL CALL.
8 Commissioners Present: Chair Bergstrom; Commissioners Tillman, Hanson (arrived at 7:03
9 p.m.), Horst (arrived at 7:04 p.m.) Melsha, Hatch and Stille.
10 Commissioners absent: None.
I 1 Also present: City Manager Mike Mornson.
12 III. APPROVAL OF AUGUST 17, 1999 PLANNING COMMISSION MEETING AGENDA.
13 Motion by Commissioner Melsha,second by Commissioner Tillman to approve the August 17, 1999
14 Planning Commission Meeting Agenda as presented.
15
16 Motion carried unanimously.
17 IV. APPROVAL OF JULY 20, 1999 PLANNING COMMISSION MEETING MINUTES.
18 Motion by Chair Bergstrom,second by Commissioner Melsha to approve the July 20, 1999 Planning
09 Commission Meeting Minutes as presented.
0
21 Motion carried unanimously.
22
23 Hanson arrived at 7:03 p.m.
24 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE AUGUST
25 24, 1999 CITY COUNCIL MEETING.
26 Hatch agreed to attend the August 24, 1999 City Council Meeting.
27 Horst arrived at 7:04 p.m.
28 VI. PUBLIC HEARING.
29 A. 99-08 Mendota Homes,Inc.-3621 Old Highway 8: Conditional Use Permit;PreliiminM
30 Plat, Final Plat; Rear Yard Variance.
31 Chair Bergstrom opened the public hearing at 7:04 p.m.
32 Chair Bergstrom requested input from City Manager Mike Mornson. Mornson reviewed for the
33 Commission that in December 1997, a representative from Mendota Homes had presented a
34 request to the Planning Commission to rezone a vacant property at 3621 Old Highway 8 to
35 complete a multi-family housing project that is on adjacent property in Roseville. Both the cities
06 of St. Anthony and Roseville approved the rezoning.
37
Planning Commission Meeting Minutes
August 17, 1999
Page 2
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1 In May of this year, Staff was informed by Mendota Homes that the scope of the project had
2 changed, and that single-level townhomes were proposed for the site instead. Staff informed
.3 Mendota Homes that a conditional use permit would be necessary, as well as replatting the lot to
4 accommodate the two proposed townhome lots and a 37-foot variance to the rear yard setback
5 requirement.
6
7 Ms. Erin Mathem, as a representative for Mendota Homes, attended a concept review at the July
8 201 Planning Commission meeting. The City of Roseville has given approval for the project.
9 Mornson stated that Mendota Homes has filed the appropriate applications and Staff has not
10 received any public comments.
11 Stille questioned the conditions that a motion on this subject would need to include. Momson
12 clarified that a motion would need to include all conditions and designations that the
13 Commission wished to impose on this project.
14 Tillman stated that she understood that Roseville wanted the last four townhomes separated from
15 the townhomes on the St. Anthony side, partly because of dispatching fire or emergency
16 situations. Mornson clarified that St. Anthony would probably respond to any 911 calls because
17 the City is closer to the project than Roseville. Tillman questioned whether appropriate
18 turnaround areas could be implemented into the project as a condition. •
19 Chair Bergstrom introduced John Mathern, a representative from Mendota Homes, and invited
20 him to address the Commission.
21
22 Mr. Mathern briefly reviewed the history of the project, siting that a 30-unit senior building had
23 originally been proposed to the Commission two years ago. After neighborhood meetings and
24 input from surrounding residents, Mendota Homes determined that 12 units of one-level town-
25 homes were better suited to the long, narrow site. Mr. Mathern reminded the Commission that
26 an asphalt parking lot in disrepair is currently on the St. Anthony side of the project. Mendota
27 Homes would remove the asphalt and there would be less ground coverage and more green
28 space.
29
30 Mr. Mathern presented a drawing of the proposed townhome project and indicated that each
31 townhome would have a double-car garage and there would be additional guest parking. Each
32 townhome would have a different color for the building than the trim and two different roof
33 styles were shown. Additional landscaping would be provided that was not depicted on the
34 drawing in order to provide a shield for the residents in the Executive Condominiums. In short,
35 Mendota Homes is proposing to build a two-unit townhome in St. Anthony on a 13,000 square
36 foot site. Mr. Mathem added that he has received significant interest in the proposed project from
37 residents in the surrounding area.
38 Bergstrom inquired if restrictions would be imposed as far as residents modifying the outside of •
39 the homes. Mr. Mathem stated that there would be an Architectural Control Committee in
Planning Commission Meeting Minutes DN"AFT
August 17, 1999
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1 charge of making any modifications. Mr. Mathem further stated that the Association governs the
2 maintenance of the buildings and individuals are not allowed to maintain or change the exterior
3 of the building.
4 Tillman asked if there would be a sign for the project. Mr. Mathern stated that there would be a
5 sign and a name for the project is being considered. He also mentioned there would be street
6 addresses for each individual unit and those would be developed as well.
7 Horst inquired if Roseville had instituted any variances. Mr. Mathern stated that this is a planned
8 unit development (PUD), and no variance was needed to his knowledge. Horst stated that the
9 project was going to require a variance from St. Anthony and a hardship would have to be pre-
10 sented in order to sway the City to grant the variances.
11
12 Mr. Mathern reviewed the options. He stated that the lot size is 13,000 square feet, which is suf-
13 ficient for a two-unit townhome. Morrison reminded Mr. Mathern that the City has a lot
14 coverage rule of 50%. Additionally, Mr. Mathern stated that if the City is opposed to granting
15 any lot variances, the impervious surfaces such as the roadway and driveways for the project
16 could be reduced. He confirmed that the issue in question is the side and rear yard setbacks.
17
18 Bergstrom stated that Mr. Mathern would need to determine if a variance was needed for the
09 50% lot coverage rule.
20 In considering the variances, Mr. Mathern suggested that the City consider that the townhome
21 appears to be in high demand by the surrounding community and that Mendota Homes is elimi-
22 nating the current asphalt surface that is in disrepair.
23 Mr. Mathern mentioned the possibility of placing a single family home on the site as opposed to
24 a two-unit townhome. However, constructing one unit on the St. Anthony side could
25 aesthetically deter from the other townhomes on the Roseville side. Hanson said that even if one
26 unit was constructed, it would appear that some variances would be required, or if not, that other
27 problems would be created. Mr. Mathern confirmed that the single unit would have to be turned
28 and it would be different from the other townhomes on the Roseville side.
29 Horst asked for clarification as to the necessity of this project for St. Anthony. He stated that the
30 City Council must approve the project and exceptional reasons for constructing the project in St.
31 Anthony must be presented.
32 Bergstrom agreed stating that a clear hardship must be determined in order to present the project
33 to the City Council.
34 Horst asked Mr. Mathern if the entire project was contingent upon two units being constructed in
5 St. Anthony. Mr. Mathern responded that the St. Anthony side of the project is critical because
6 the asphalt area must be reclaimed and the total number of units projected were needed to help
37 defray the cost.
Planning Commission Meeting Minutes DRAFT
August 17, 1999-
Page 4
1 Horst reviewed what Mr. Mathern had stated, but was concerned about the operation of the
2 Associations. Mr. Mathern felt the Associations were responsible and well organized.
3
4 In short, Mr. Mathern felt that the proposed townhome project is important to the community,
5 particularly because the townhomes are one level and they would accommodate residents who
6 wish to stay in the community. It would also alleviate any concerns the City had about the
7 disrepair of the current asphalt in place.
8 Bergstrom thanked Mr. Mathern for his presentation.
9 Chair Bergstrom closed the public hearing at 7:44 p.m. and asked for discussion from the Com-
10 missioners.
11 Tillman asked for clarification about the conditional use of the property. Bergstrom stated that
12 the property is zoned as an R-4, but the request from Mendota Homes provides the Commission
13 an opportunity to impose conditions upon the property.
14 Tillman was concerned about access to the property for the fire department or emergency staff.
15 Bergstrom stated that the Fire Chief would need to be consulted for clarification.
16 Horst clarified that he felt there was value to the proposed project, but is concerned about the •
17 justification for variances.
18 Bergstrom felt that the significant issue at hand was the rear and/or side yard setback variances.
19 Horst expressed that he felt more comfortable in finding a way to justify a variance as opposed to
20 changing the style of the townhome only for the St. Anthony side.
21 Bergstrom mentioned that the lot is an odd shape, and to compound the problem, there is a city
22 and county boundary on one side of the lot. That boundary would intimidate some developers
23 from attempting any project. Bergstrom reminded the Commission that the lot is currently in
24 disrepair due to the condition of the asphalt.
25 Stille agreed with Mr. Bergstrom and stated that there is more projected green space on the St.
26 Anthony side as opposed to the Roseville side. He mentioned that City Attorney William Soth
27 had alluded to the fact that the transaction would be difficult, but could be accomplished.
28 Motion by Bergstrom, second by Horst that the Planning Commission recommend approval of
29 the Mendota Homes proposal, including the Conditional Use Permit allowing an R-3 use in an R-
30 4 district with the following conditions:
31 1. The land to be subdivided would include two lots in St. Anthony in Hennepin County, •
32 and 10 lots in Roseville in Ramsey County.
33 2. The developer would be required to provide a preliminary plat with sewer, water, ease-
Planning Commission Meeting Minutes
August 17, 1999. DRAFT
Page 5
•
1 ments, drainage, and all other information required under Section 1500.2.
2 3. The floor area ratio must be in conformance with the codes pursuant to Section 1630.05,
3 Subd. 7.
4 4. The lot coverage must not exceed the maximum of 50%.
5 5. A Declaration of Covenants must be submitted to the City for review in a form required
6 under the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter
7 515B.
8 6. Easements must be provided for utilities and drainage where necessary under Section
9 1500.05, Subd. 2.
10 7. The City must be provided information regarding the title to the property in the form of a
11 Commitment for Title Insurance or Title Insurance Policy.
12 8. The City must be reimbursed for any expenses incurred in relation to this project.
13 9. Emergency egress and ingress must be reviewed and approved by the Fire Chief.
14 10. The Commission would recommend approval of the Preliminary Plat submitted at the
15 Commission's August 17, 1999 meeting.
16 11. The Commission would recommend a rear-yard setback variance of 20 feet and a side
17 yard setback variance of 12 feet, due to the following circumstances:
18 a. The odd shape of the lot in question.
19 b. The set back from County Road 88.
20 C. To maintain order between both cities and counties.
0-21 d. The character of the lot could be changed since the property is somewhat aban-
2 doned and in disrepair.
23 e. That it would be a detriment to develop a project in St. Anthony that is aestheti-
24 cally different from a project in Roseville.
25 Motion carried unanimously.
26 Bergstrom stated that the Mendota Homes project would be on the City Council's agenda for the
27 August 24, 1999 meeting. Bergstrom encouraged Mr. Mathern to attend the meeting and com-
28 mended Mr. Mathern on his informative presentation.
29 B. 99 — 09 Jim Furseth, 2550 Highway 88: Conditional Use Permit.
30 Chair Bergstrom opened the public hearing at 8:00 p.m.
31 Momson reviewed the background of the project by stating that Mr: Furseth was the prospective
32 owner of the former Town and Country site. Mr. Furseth has filed applications for a conditional
33 use permit for a recreational vehicle business at that site. The conditional use permit is required
34 because Mr. Furseth's business would include service and repair of recreational vehicles and
35 motorcycles sales. Momson stated that Mr. Furseth is amenable to working with the new shop-
36 ping center owners on proposed renovations to the center.
7 Morrison stated that Richard Krier, RLK-Kuusisto, had been requested by the City to comment
8 on the proposed conditional use permit. Momson referred to Mr. Krier's letter of August 11,
39 1.999 outlining his review of the project. Mr. Krier suggested that the City impose the following
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August 17, 1999 AFT
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1 conditions if approval of the conditional use permit is granted:
2 1. Vehicles awaiting service, products, and parts are to be stored inside the building;
3 2. All trash, garbage storage and trash compactor should be enclosed;
4 3. All mechanical equipment placed on top of the building should be screened or camou-
5 flaged with the same material and color as the primary building;
6 4. The site should conform to the Kenzie Terrace Redevelopment Project Area Design
7 Guidelines, including lighting, screening, landscaping, pedestrian amenities, and parking.
8 Morrison clarified that Mr. Furseth has applied for two requests, which are the conditional use
9 permit and the comprehensive sign package. Morrison stated that the concept presented at the
10 Planning Commission meeting was modified somewhat from the plan presented at an earlier
I 1 meeting. The difference is that more green space has been added.
12 Bergstrom commended Staff for their dedication in providing up-to-date information and for
13 keeping the project moving.
14 Morrison stated that the new concept presented is named the "St. Anthony Shopping Center
15 Master Plan." Once the Plan is approved, the negotiation process would begin. Morrison said
16 Staff is hopeful that 1-% acres of green space with a gazebo would be in place for next year.
17 •18 Hatch questioned whether the new owners were in favor of enclosing the trash bin and if over-
19 story trees would be utilized as a screen instead. Morrison responded by stating this was an issue
20 to be discussed.
21 Hanson asked if the City is preparing to enter into negotiations with the public regarding the pur-
22 chase of City-owned property such as the liquor store and the Stonehouse Restaurant. Bergstrom
23 suggested the Commission return to that issue later in the meeting.
24 Morrison stated that he had received approximately ten telephone calls from residents objecting
25 to the approval of the conditional use permit. The concerns mentioned were increased noise
26 levels, and motorcycles and snowmobiles being driven through the residential community for test
27 drives.
28 Bergstrom introduced Mr. James Kellison of Kellison Co. and invited him to address the
29 Commission.
30 Mr. Kellison drew attention to a site plan he presented. He stated that the former Town and
.31 Country building is in disrepair and it is Mr. Furseth's vision to upgrade and renovate the build-
32 ing. Mr. Furseth is one of the owners of a business entitled "The Hitching Post," which has three
33 current locations and has been in business for over 11 years. Mr. Furseth is closing the University
34 store and moving that business to St. Anthony. •
35 Mr. Kellison stated that the business would offer sales, service, and accessories for snowmobiles,
Planning Commission Meeting Minutes
August 17, 1999
Page 7
•
1 jet skis, ATV's and motorcycles. Mr. Kellison further stated that Mr. Furseth has been amenable
2 to working with the foreseeable plans for the shopping center.
3 Mr. Kellison pointed out that the site plan presented-does not specifically include landscaping,
4 lighting, or redevelopment of some of the site areas since the area is under review and discussion
5 with the City. Since Mr. Furseth would begin construction in September, the City's plan could
6 be incorporated once plans have been approved.
7 Mr. Kellison had a concern over the proposed trash enclosure for the business. He stated that the
8 business generates a significant amount of cardboard and the easiest way to dispose of the trash
9 is with a 30 yard enclosed trash bin on the south side of the building. Kellison demonstrated that
10 it was impracticable to complete a fully enclosed structure for a trash bin because the bin would
11 be completely carried away by a trash truck and replaced with a new one. Mr. Furseth intends to
12 build a screen wall to shield the bin from immediate view.
13 Bergstrom stated that the residents of the Autumn Woods Apartments currently have an unattrac-
14 tive view of the site and the proposed modifications would be an improvement.
15 Mr. Kellison stated that the new rooftop air conditioning units would be considerably smaller
16 than the units in place now. The intent is to choose a color for the units that would blend with
the building. Mr. Kellison felt blending the color would be a superior method over the proposed
18 construction of a screening wall for the units.
19 Mr. Kellison clarified that Mr. Furseth is in agreement with all of Mr. Krier's comments, except
20 for the total enclosure of the trash bin and screening wall for the air conditioning units.
21 Hatch asked if there would be a separate dumpster for recyclable materials. Mr. Kellison stated
22 that it is the hauler's responsibility to separate the trash from the recyclable items and that one
23 bin would be utilized for both.
24 Horst asked for clarification regarding proposed screening for the trash. Mr. Kellison stated that
25 a screen wall would be placed at the south end of building about eight feet high. Horst reiterated
26 that the dumpsters are not attractive and he would like to see some screening for the trash bin.
27 Mr. Kellison said that the Master Plan provided for overstory trees close by that could benefit
28 some screening for the trash bin. Mr. Kellison plans on discussing with the City definite plans
29 for financial responsibility of landscaping.
30 Horst said he is satisfied with the proposed screening and also believed the air conditioning units
31 would be camouflaged sufficiently with coordinating color and it would not be necessary to build
32 a screening wall around each unit.
03 Tillman questioned whether test driving for jet skis, motorcycles or other equipment would be
34 allowed. Mr. Kellison responded that snowmobiles and jet skis are difficult to test drive and that
Planning Commission Meeting Minutes
August 17, 1999 .
Page 8
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1 motorcycles would probably be test driven on Highway 88 after they are repaired. Tillman clari-
2 fied that she is concerned about test driving of new motorcycles through residential
3 neighborhoods.
4 Mr. Kellison stated that motorcycles are not the dominant sales force for the business. Hanson
5 asked if the motorcycles and other vehicles would be displayed outside during the day. Mr.
6 Kellison stated that it is a possibility, although there are not any current plans.
7 Horst mentioned that he did not believe the City would allow potential buyers to test drive vehi-
8 cles around the parking lot of the business.
9 Bergstrom thanked Mr. Kellison for his presentation and information.
10 Chair Bergstrom opened the public hearing at 8:50 p.m.
11 Mr. John Mendotti was concerned about noise being retained within the building and he inquired
12 about the implementation of soundproof walls. Mr. Mendotti stated that he is in favor.of the
13 project, but wished to express his concerns about the level of noise from vehicles being repaired.
14 Bergstrom stated that the Commission would reserve the right to impose restrictions if the noise
15 level became a nuisance and this reserved right should be implemented into the conditional use •
16 permit.
17 Hanson mentioned that the hours of operation for the business should be a conditional use as
18 well.
19 Rose Fitzgerald has received many telephone calls from residents stating significant concerns
20 about noise levels and the proposed hours of service for repairs of vehicles. Ms. Fitzgerald
21 inquired whether the building would be aesthetically improved.
22
23 Mr. Kellison responded that he was unsure of the business hours or the service department's
24 hours, but would assume the business would be open six days a week during normal and custom-
.
25 ary shopping center hours. He also answered that the building would be renovated and redeco-
26 rated.
27 Ms. Fitzgerald asked about the timeline for the proposed landscaping and if the Autumn Woods
28 Apartment residents would be subject to a view of the trash dumpster.
29 Morrison stated that certain landscaping would be required from the developer and an exact plan
30 has not been developed yet. Morrison suggested the City enter into a Developer's Agreement to
31 place conditions on the overall landscaping of the project. Morrison stated that it is the intent
32 that the City, the shopping center owner, and the owner of The Hitching Post meet to implement
33 the landscaping by next spring.
Planning Commission Meeting Minutes
August 17, 1999 .
Page 9
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1 Ms. Fitzgerald reiterated her concern about the trash dumpster being within view. Bergstrom
2 responded that within a year, he believed the view of the property in general would be signifi-
3 cantly improved.
4 Morrison stated that the County Assessor had reviewed the proposed landscaping plan and it is
5 believed that the surrounding property values would be increased.
6 Horst wished to respond to Ms. Fitzgerald's question regarding service hours. Horst asked Mr.
7 Kellison if the service hours would be shorter than the business hours. Mr. Kellison responded
8 that he believed the service hours would be on an eight-hour shift.
9 Stille asked Mr. Kellison if the doors to the building would be left open during repair, or did the
10 business have an enclosed ventilation system in place so that noise could be contained inside the
11 building. Mr. Kellison responded that the business had a complete ventilation system required
12 by Code and that all doors could be closed to alleviate noise concerns. Mr. Kellison wished to
13 state that the business would sell all new equipment.
14 Jim Higgins, 2712 St. Anthony Boulevard, asked about the future location of the liquor store and
15 the fire station. He questioned whether the Commission is jeopardizing the ability to plan for
16 these locations in the future.
407. Bergstrom responded that the Commission was attempting to move along a viable project, but
18 not at the expense of stalling any projected plans for the liquor store or fire station. Mr. Hagens
19 asked if the Commission was hoping that other retail would arrive in anticipation of available
20 space. Bergstrom clarified that the liquor store and fire station are at the other edge of the
21 property and he did not believe this would be issue.
22 Dan Ganley, 3201 Wendhurst, asked if the City would be responsible for the cost of maintaining
23 the proposed green space. Morrison clarified that maintenance of the green space would be a
24 separate contract. Ganley asked if the conditional use permit allowing the sale of recreational
25 vehicles would apply towards other merchants in the shopping center. Bergstrom clarified that
26 the current application would not provide for unusual allowances and that The Hitching Post
27 would be conducting business as allowed under current requirements.
28
29 Horst stated that Mr. Krier had suggested the shopping center had retail viability and that a
30 Master Plan has been developed in accordance with those suggestions. However, Horst cau-
31 tioned that all plans have not been finalized and it is the intent to make the shopping center into a
32 showplace for the City and the surrounding area.
33 Richard Kriber requested clarification regarding any auto repair taking place at The Hitching
34 Post. Mr. Kellison clarified that the classification of auto repair was used on the application
because there would be trailer hitches installed on vehicles. Mr. Kellison assured Mr. Kriber that
6 auto repair would not take place at The Hitching Post.
Planning Commission Meeting Minutes t �i
August 17, 1999
Page 10
•
1 Chair Bergstrom closed the public hearing at 9:10 p.m. and requested input from the
2 Commissioners.
3 Hanson stated that a City Councilmember had contacted him with a concern about noise levels
4 possibly generated from The Hitching Post. Hanson felt Mr. Kellison had adequately addressed
5 the issue and he was comfortable reporting back to the Councilmember.
6 Horst expressed that he was concerned about having a potentially noisy business in town, yet he
7 was also concerned about alienating potential businesses from St. Anthony. Horst stated that
8 most businesses within the shopping center, with the exception of food service businesses, are
9 closed within reasonable hours. However, he felt that a restriction on hours could be imposed in
10 the conditional use permit if necessary.
11 Stille asked if hours of service limitations could be placed for the business.
12 Mr. Kellison mentioned that there needs to be some flexibility in allowing customers to pick up
13 repaired vehicles, but that vehicles would not be repaired during late hours. Horst clarified that
14 picking up vehicles is different from repairing vehicles.
15 Bergstrom asked Mr. Kellison for clarification of service and business hours for presentation to
16 the Council. Mr. Kellison suggested business hours from 8:00 a.m. to 10:00 p.m., and service •
17 hours from 8:00 a.m. to 6:00 p.m.
18 Morrison recommended that the conditional use permit be approved on the conditions set forth in
19 Mr. Krier's August 11, 1999 letter, with the exception of requiring an enclosure for the trash
20 dumpster, and that a Developer's Agreement would be required to be executed prior to approval
21 of a building permit.
22 Motion by Bergstrom, second by Horst that the Commission approve the conditional use permit,
23 with conditions set forth in Richard Krier's letter of August 11, 1999, for 2550 Highway 88 for
24 the sale of motorcycles and vehicle repair as defined by installation of trailer hitches. The
25 Planning Commission recommends approval as presented in the packets subject to the following
26 conditions:
27 1. All vehicles, merchandise, and parts storage should occur in the building. Outside
28 storage would not be allowed.
29 2. An eight-foot high screen wall would be placed at the south side of the building pursuant
30 to Mr. Kellison's projections to screen the bin from the adjacent property.
31 3. The mechanical equipment on top of the building shall be painted in a color to blend the
32 equipment with the building.
33 4. The building should conform to the Kenzie Terrace Redevelopment Project Area Design
34 guidelines including building facade, signs, lighting, screening, landscaping, plant mate- •
35 rial, pedestrian amenities (such as paving, benches, trash containers and bike racks).
36 5. An executed Developer's Agreement shall be presented prior to the City issuing a Certifi-
Planning Commission Meeting Minutes
August 17, 1999 . �" n;`a =1 ,
Page 11
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1 cate of Occupancy.
2 6. Hours of operation for The Hitching Post shall be 8:00 a.m. - 10:00 p.m. for business
3 hours, and 8:00 a.m. - 6:00 p.m. for service hours.
4 7. There shall not be any_test drives allowed.on the property.
5 8. The perimeter between this land and the residential land uses to the west should be land-
6 scaped with overstory trees.
7 9. Part of the pedestrian greenway should be provided in the back part of the lot and in con-
8 junction with the other shopping area to the proposed village green near Highway 88.
9 10. The parking lot should be resurfaced.
10 Motion carried unanimously.
11 Bergstrom invited Mr. Kellison to discuss the Comprehensive Sign Plan for The Hitching Post.
12 Mr. Kellison reviewed that Mr. Furseth has specific marketing agreements with suppliers and
13 that the business must include designated signage. Mr. Kellison submitted a proposal and
14 drawings that he believed to be sensitive to the City's preferences as well as considerate of the
15 shopping center. The plan indicated there would five signs, each 3 feet by 12 feet. Mr. Kellison
16 mentioned that if the comprehensive sign plan was approved, The Hitching Post would agree not
17 to install any window signage.
18
Mr. Kellison mentioned that Mr. Furseth had requested consideration of a single monument near
0 the edge of the parking lot, which would illustrate the signs required in the marketing agreement.
21 Morrison stated that the City would allow for each business to incorporate a ground sign of a
22 maximum of eight feet tall, but a monument sign (or pylon)would require additional considera-
23 tion.
24 Horst mentioned that he believed the pylon proposal was not complying with the Commission's
25 original intent, and would cause additional study and discussion.
26 Hanson stated that he felt comfortable with allowing wall signage as opposed to pylon signage.
27 He questioned whether a restriction could be imposed to turn the signs off at midnight; however,
28 he.added that the signs would be facing away from any residential areas.
29 Mr. Kellison reminded the Commission that Mr. Furseth agreed not to install any window
30 signage if the proposed Comprehensive Plan was approved.
31 Motion made by Horst, seconded by Bergstrom, to recommend approval of the Comprehensive
32 Sign Package as proposed, recognizing that excess signage would be present, but understanding
33 that installation of window signage would not take place.
Motion carried unanimously.
35 Bergstrom encouraged Mr. Kellison to attend the City Council meeting on August 24, 1999 to
Planning Commission Meeting Minutes
August 17, 1999 . "
Page 12 VD,
" .
1 support the Comprehensive Sign Plan.
2 VII. OTHER BUSINESS.
3 A. Discussion of Ci1y Manager's Memo Re: Salvation Army Property.
4 City Manager Mike Mornson stated that the City had considered a possible public purchase of
5 the property, but decided against that idea because it would require a referendum. Mornson
6 explained that the City's debt limits are too high to hold a referendum, so the matter was referred
7 to the school district. The City Council has tabled this matter. Additionally, the City had
8 previously hired an appraisal company in the event a public purchase would be considered. The
9 appraisal is expected in about one week. Mornson stated that the Heart of the Earth Native
10 American Indian School is currently in negotiations to purchase the property and the closing
11 should occur by June 2000. Mornson explained that the City was originally concerned that a
12 potential developer would purchase the property and, consequently, the moratorium was
13 implemented.
14 Mornson stated that the City Council requested the Planning Commission's input and felt that the
15 Commission could be in a position to make recommendations.
16 Bergstrom felt it was not appropriate at this time to expend significant amounts of money investi-
17 gating the project, but felt postponing the discussion until more information became available
18 would be suitable. The information contained in the appraisal could be considered as a starting •
19 point.
20 Mornson recommended that the issue be kept on the Commission's docket to be discussed when
21 additional information became available.
22 Bergstrom agreed and deferred discussion to a later time.
23 Bergstrom wished to return to Hanson's earlier question regarding possible negotiations with the
24 Stonehouse and liquor store. Mornson clarified that he had received input, but is reluctant to pre-
25 sent.the proposed plan until further information became available. He stated that negotiations are
26 not currently being implemented, but that the City is open to proposals.
27
28 Hanson asked about the City's long-term goal for the fire station. Mornson stated that the fire
29 station is structurally sound and there is no reason to relocate the station at this time. The Fire
30 Chief had previously stated that he wished to retain the current location because most of the fire
31 fighters live in an area close to the station.
32 VIII. FUTURE BUSINESS.
33 A. Dick Krier; Follow-Up Report for St. Anthony Shopping Center- September.
34 Mornson stated that Richard Krier, RLK-Kuusisto, would present design standards to the Com-
35 mission at the meeting in September. •
36 B. Report from Public Works Director- September.
Planning Commission Meeting Minutes
August 17, 1999
Page 13
1 Bergstrom stated that Public Works Director Jay Hartman would present a discussion in
2 September updating the Commission on capital improvements, plans for expenditures, landscap-
3 ing, trees, etc.
4 Hanson mentioned the possibility that the budget first needed to be approved. Bergstrom
5 differed by stating that Mr. Hartman needed to present ideas to the Commission prior to the
6 budget approval.
7 IX. COMMENTS.
8 Hanson suggested that the Commission make inquiries about possible businesses that are not
9 complying with the designated conditional use permit. Hanson stated that he had received a
10 request from a City Councilmember to investigate compliance issues. Also, Hanson questioned
11 whether the noise issue had been resolved for The Hitching Post and what recourse, if any, the
12 City had for the future.
13 Bergstrom stated that any test driving would fall under the restrictions of the conditional use per-
14 mit.
15 Hanson wished to compliment the Parks Commission on the positive atmosphere that has been
16 created and mentioned the press had been optimistic as well.
0 17 Melsha was leased with the progress being made on the Plan for the development of the St.
P P g g P
18 Anthony Shopping Center and The Hitching Post.
19 Horst commented that there are always issues to be resolved when a new business arrives in the
20 community. He perceived that The Hitching Post would not be as noisy as anticipated. He
21 understood the residents' concerns, but also felt that the City must be fair and that the Commis-
22 sion needed to keep an objective view of the Plan.
23 Bergstrom commended Staff for the dedication in bringing the St. Anthony Shopping Center
24 Plan into place. He agreed with Melsha that the outlook is positive for the Plan.
25 Stille questioned the implementation of a movie theatre for Apache Plaza. He also suggested that
26 the Commission lean towards being proactive, rather than reactive, toward the development.
27 Morrison commented that the company interested in implementing a movie theater has
28 withdrawn. However, another theater is considering the project. Morrison felt that plans should
29 be more evident over the winter.
30
31 Morrison mentioned that the City Council broadcasts its meetings through cable television. The
32 Council had suggested that the Planning Commission and the Parks Commission consider broad-
03 3
casting the meetings as well. Bergstrom responded that would be an unnecessary expense to the
4 City at this time.
Planning Commission Meeting Minutes
August 17, 1999.
Page 14
1 Tillman suggested that the City's web site post the.minutes of the meetings for the community's
2 review. Mornson stated that would be a suggestion to consider.
3
.4 X. ADJOURNMENT.
5 Motion by Horst, second by Bergstrom to adjourn the meeting at 10:15 p.m.
6 Motion carried unanimously.
7 Respectfully submitted,
s Sue Selseth
9 TimeSaver Off Site Secretarial, Inc.
•
STAFF REPORT
TO Planning Commission
From: Kim Moore-Sykes, Management Assistant
Date: July 20, 1999
Subject: 99 - 08 Mendota Homes, 3261 Old Highway 8: Conditional Use Permit;
Preliminary Plat; Final Plat;Rear Yard Variance.
BACKGROUND
In December 1997, Erin Mathern of Mendota Homes presented a request to the Planning
Commission to rezone a vacant property located at 3621 Old Highway from industrial to R-4 in
order to complete a multi-family housing project that is on adjacent property in Roseville. The
City of Roseville had approved this project at the time of the initial rezoning request by Mendota
Homes. The City of St. Anthony then approved the rezoning of the portion of the lot that is
located in St. Anthony.
M; athern notified Staff in May of this year that the scope of the project had changed. As the
re t of a feasibility study that Mendota Homes had done, the company decided to construct
single-level twin homes rather than a senior apartment complex that was originally planned.
Because of this change, Mendota Homes is proposing to build two town homes on the St.
Anthony site that was originally planned as parking and open space.
Staff informed Ms. Mathern that, in order to do this project, she would need to either rezone the .
property or obtain a conditional use permit. Because an R-3 use is a permitted as a conditional
use in an R-4 zoning district (1630.03 (3),p. 16-20 and 1625.03 (c),, p. 16-19), it was decided to
submit a request for a conditional use permit. In addition to the conditional use permit, Staff
also indicated to Ms.Mathern that Mendota Homes would also need to replat the lot to
accommodate the two proposed town home lots and a 37-foot variance.to the rear yard setback
requirement.
Ms. Mathem, as a representative for Mendota Homes, attended a concept review of their
proposed project at the July 20`h Planning Commission. She has also been before the City of
Roseville and has received approval for this project as proposed for the Roseville property.
ANALYSIS
A ding to the City's Zoning Ordinance, a conditional use proposal must be specifically listed
foe district in which the property is located; the use must not be determined to be
detrimental to the health, safety, or general welfare of persons residing in or working in the
vicinity or to the values of property in the vicinity; and the use will provide a service or a facility
which is in the interest of public convenience and will contribute to the general welfare. The
proposed town home project does not appear to be detrimental to the health, safety or general
welfare to residents living or working in the area. This proposed project will clean up a site th
was an overflow parking lot and has been left unused for several years. As a result, it is in the
interest of public convenience, will promote the public and general welfare and will provide an
opportunity for increase property values to the owners of surrounding properties. If approved
by the City Council, the conditional use permit will expire after 12 months of approval if
construction has not commenced. Staff has not received any comment from the public regarding
this project.
Mendota Heights is also applying for a 37-foot rear yard variance. This application does meet
the criteria as specified in the ordinance. As stated in Ms. Mathern's letter,the City of Roseville
conditioned their approval by asking that structures not be situated on the borders between the
cities of St. Anthony and Roseville and the counties of Hennepin and Ramsey. This condition to
approval as imposed by the City of Roseville, plus the unique situation of'this site, were not
created by the owners. This variance request,if granted, will not alter the essential character of
the neighborhood or locality.
Ms. Mathern is also seeking preliminary plat and final plat approval. She submitted site plans of
the proposed project to the City,which were also given to Bill Soth, the City's attorney for his
review. Also included in this packet is Mr. Soth's written opinionregarding Mendota Homes'
preliminary plan.
DORSEY & WHITNEY LLP
MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS
NEW YORK 220 SOUTH SIXTH STREET GR AT FALLS
SEATTLE MINNEAPOLIS, MINNESOTA 55402-1498 MISSOULA
DENVER - TELEPHONE: (612) 340-2600 BRUSSELS
WASHINGTON,D.C. FAX: (612) 340-2868 FARGO
DES MOINES HONG KONG
ANCHORAGE WILLIAM R.SOTH ROCHESTER
(612)340-2969
LONDON SALT LAKE CITY
COSTA MESA VANCOUVER
August 12, 1999
Planning Commission
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Plat of Roseville Commons West by Mendota Homes, Inc.
. Dear Members of the Planning Commission:
I have reviewed the Preliminary Plat of Roseville Commons West being proposed by
Mendota Homes, Inc., and have the following,comments:
1. Two Plats. The land to be subdivided includes 2 lots in St. Anthony.in Hennepin
County, and 10 lots in Roseville in Ramsey County. The developer is proposing to divide the
property using two plats in the two cities and counties. This may expedite the procedure, but it
presents the risk that the St. Anthony plat gets approved and the other plat does not get approved
or does not get recorded. Any approval by St. Anthony should be expressly conditioned upon
the approval and recording of the Roseville/Ramsey County plat.
2. Zoning and Lot Size. According to the zoning map for the City, the St. Anthony
property appears to be in the R-4 District. The R-4 District requires a conditional use permit for
townhouses. This enables the City to impose any reasonable conditions it has for approval of the
plat. The Preliminary Plat shows three buildings of four units each, with the west building (next
to Old Highway 8)having two units in St. Anthony and two units in Roseville. Under Section
1630.05, buildings of two to eight units must be on lots of at least 12,000 square feet plus 2,500
square feet for each unit over two. This means that the.four-unit buildings must be on a lot with
an area of at least 17,000 square feet. These requirements are designed for apartments and
condominiums, however, not townhouses which are on separate lots. None of the lots would
come close to meeting these requirements. If a conditional use permit is granted to permit
DORS EY & WHITNEY L L P
•
Planning Commission August 12, 1999
Page 2
townhouses, a variance would need to be granted to the lot size requirement, on the basis of the
combined area of the unit lots together with the common area serving those lots.
3. Access. The Preliminary Plat shows no driveways or parking areas. The
developer should be required to provide a preliminary plat or site plan which provides this
information, sewer, water, easements, drainage, and all other information required under Section
1500.02. The common area in St. Anthony presumably is Lot 3, Block l,.and we have been told
that access for all of the lots in both cities will be to Old U.S. Highway 8.
4. Setbacks. The minimum front setback is 30 feet, and the minimum side setbacks
are 15 feet each. The rear setback is the greater of 20% of the depth of the "entire lot" or 40 feet.
Since the reference to the "entire lot" is intended to apply to an apartment or condominium
building on a single lot, the 40-foot rear setback should be used. The setbacks are not shown on
the Preliminary Plat and should be added. You will need to determine whether the proposed '
locations of the townhouses meet the setback requirements, or whether variances should be
granted because these are townhouse units rather than apartment or condominium buildings.
5. Floor Areas. You will need to determine whether the townhouse units meet the
floor area ratio requirement of 1.0, plus the minimum floor areas in Section 1630.05, Subd. 7.
6. Lot Coveraee. The maximum lot coverage is 50%. It appears that this limit is
exceeded by all of the units. Again, R-4 is intended for apartment or condominium buildings,
and it is difficult for townhouse lots to meet these requirements.
7. Declaration of Covenants. If a conditional use permit for townhouses is granted,
one of the conditions must be that the owner is required to prepare and submit to the City for
approval a declaration of covenants, conditions and 'restrictions in a form required under the
Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B. We should
review the declaration before the final plat is approved.
. 8. Easements. Under Section 1500.05, Subd. 2, easements must be provided for
utilities and drainage where necessary. The easements must be at least 10 feet wide for utilities
and must have continuity of alignment with existing easements. This means that the property
should be platted with these easements being dedicated in the plat. The owner or surveyor
should show these on the Preliminary Plat. '
DORSEY & WHITNEY LLP
Planning Commission August 12, 1999
Page 3
9. Title. We must be provided with information regarding the title to this property in
the form of a Commitment for Title Insurance or Title Insurance Policy, to show the ownership
and any mortgages and easements on the property.
10. City Expenses. The plat and final resolution approving the plat should not be
signed by the City and delivered to the owner until all fees, including the City's engineering fees
and legal fees, are paid.
If you have any further questions on this, please let me know.
Very truly yours,
William R. Soth
WRS:ms
cc: Mr. Michael J. Momson
Ms. Kim Moore-Sykes
JUN-24-99 THU 03 :25 PM 6363682. 4M37 6883291 P- 02
JUN. -?1' 9911110N) 16;35 CITY OF V. ANTHON TEL: 612 781 9323 P. 00?
Pee:.---._...�_1s�9�S�9�_..__
CITY OF ST. ANTHONY
��,1'�Plioant:-r_ d 4`� 1 5_ {►�L- -----.. ___. _�.�� Phone;16J ko`� '�
Address:.��•._ .�� ° _...�i�S�,Lu j�c (�,uJ_,�o�'' ._ _._._ �.__-•----- . .
Status of applicant (owner, buyer, renter, agent, etc.):,
Street address and/or legal description of property in gLrestion:
Zoning district in which property is located:._.__. ^��� �,�
Oclandiflonal use proposed:— k2
Minnesota Statutes and City Ordinances require that the following conditions be astiafied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1 ) The proposed conditional use is one of the conditional uses qp @rji[cg11]y_J1'st9d for the
zoning district in which it is to be located.
.2) The proposed conditional use wl1 l.jnot.be detrimgnta( tv the health, safety, or general
welfare of nAmons residing or working in the vicinity aLltlluriou$_AU_pjgag y, values or
improvements in the vicinity.
0) The proposed conditional Use is nmgea�jz�.or desirable at tFi�. Qv�_(Qpatlo to
provide a service or a facility which is In theAnterest of public convenience and will
contribute to the general welfare of the neighborhood or community.
for
Sianature of ennnlirant- [A,�_1111 /I� . . _ . _ 91 __ _
P.O.Box 416
MENDOTA Form Lake.MN 55025
0Eagan 11ME61 INC.
�.. llr (6 51)688.6342
fax
(651)688-3291
Forest lake
(651)464-9055
Fx
(651)464-9056
June 3, 1999
Saint Anthony Village
Attn: Kim Moore-Sykes
3301 Silver Lake Road
St. Anthony,MN 55418-1699
Dear Ms. Moore-Sykes,
This letter accompanies an application for a Conditional Use Permit for a parcel of land
located between Old Highway 8 and Highway 88, south of County Road C2. This parcel
ties partially in St. Anthony and partially in the City of Roseville. This application is
related specifically to the portion located in St. Anthony. However,the townhouses we
are proposing will be part of a larger development encompassing the entire site.
The St. Anthony portion of the site is 85.6 feet long on its northern border, 138.34 on the
. southern, 125.01 feet on the eastern side and 135.33 feet on the western border. The
property is bordered by Old Highway 8 and existing townhomes on the western side,
single family homes to the north,the Executive Manor Condominiums to the south, and.
the remainder of the overall site,located in Roseville,to the east.
Our overall proposal involves construction of twelve rambler-style townhomes with full
basements and double, attached garages. Ten of these townhomes will be in Roseville.
The remaining two (one twinhome)will lie in St. Anthony. We are currently working
with the City of Roseville, seeking approval of a PUD for the portion of the site in
Roseville. That portion is currently zoned B-1, although the Roseville Comprehensive
Plan designates it as high density residential.
The current zoning for the parcel located in.St.Anthony is R-4. Mendota Homes,Inc.
actually obtained this zoning in December of 1997 after requesting a zoning change from
light industrial. This change was made in anticipation of construction of a 30-unit
condominium building for seniors. Over the past year and a half,however, we've
discovered a demand in the Roseville and St. Anthony area for single level townhomes.
Given the size of the site and the close proximity to existing townhome development,it
seems that the construction of twelve townhomes is a more appropriate use of the site. In
addition,the single level townhomes will be less intrusive to the existing neighborhood,
We are requesting a Conditional Use Permit to construct two townhouses(one rwinhome)
on a parcel currently zoned R-a. The St. Anthony Zoning code lists townhouses as a '
Permitted Conditional Use in an R-4 zoning district.
The construction of two townhouses will not be detrimental to the health, safety, or
general welfare of persons residing in the immediate area. The neighborhood has a
variety of existing construction including single family homes, condominiums, and
townhouses. The addition of single-level townhouse will not impose visually on the
single family homes to the north,the condominiums to the south, or the townhouses to
the west. The surrounding neighborhood may experience a minimal increase in traffic,
but will also see the removal of the large and unsightly asphalt surface that currently
covers the site, and the construction of housing that is in demand in Roseville and St.
Anthony.
The proposed conditional use will also provide housing for many individuals who wish to
move from their single family homes to dwellings requiring lower maintenance, while
staying in the community of St. Anthony. We feel that townhomes are an appropriate
and desirable use of this site.
Please contact me with any additional questions regarding this proposal. We look
forward to discussing our plans further with the Planning Commission and City Council.
Sincerely,
r ` C
J�.�"r G • Llr--�
Erin E. Mathern
for Mendota Homes, Inc.
Kim Moore Sykes
From: Kim Moore-Sykes
Sent: Thursday, July 22, 1999 3:00 PM
To: 'ctmelsha @isd.net'
Subject: Mendota Homes
Chris—
Just to get back to you re: the twin home situation that Mendota Homes presented to the Planning
Commission on Tuesday night. In thinking about the history of this project and as Ms. Mathern
stated, this project was originally proposed as a townhome project. But in looking at this as a twin
home building on the St. Anthony side, the Ordinance allows for all uses that are permitted_
conditional uses in R-1, R-1A, R-2 and R-3 to be a permitted conditional use in R-4 (subd.
1630.03 (a), p.16-20). In looking at the permitted conditional uses for R-3 on p.16-19, subd.
1625.03 (c), allows"Multiple dwellings with not more than four apartments", therefore I believe
Mendota Homes application for a conditional use permit is appropriate.
The City attorney also returned my call regarding this question. He indicated that even though
this is being called a twin home, it is not in the sense that ostensibly, each unit/dwelling is on an
individually owned lot, and therefore it would still be considered a townhome. Mr. Soth said that it
is not the number of units in the building, but how it is owned. A duplex is usually owned by one
person and one or all unites are rented. So it is his opinion that these are townhomes and that
that is what Mendota Homes intended the project to be. With that being said, he feels that they
can proceed with their application for a conditional use permit.
If I can answer any other questions about this project or others that were discussed on Tuesday
evening, please give me a call and I will get you the information.
KMS
CITY OF= ST. ANTHONY
APPLIC.:AT(ON FOR SUBDIVISION/Pl-AT APPROVAL_
'.,
A canC:�wy1Jv Ph oil A:
.status of Applicant,(Owner, BuyPr, Renter, Agont,
11
Present Legal Description of Property to be Affected:b-1 .. I &4
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Proposed Legal Description of Property to be
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Street Address:
Zoning District in Which Prope y r`E
Specify Any Necessary Easements:----_-•__-_-- ------------.-.---__--..--------_---.----.----
Area of tl-►e f Iat/SubrJrvisior�: ._� ,vr
Ntirrihvr. of Purcels:._..-`�__. ._ ----
Attach a copy of the proposed plat showing the proposed name of the Flat, 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 documentation as is requested by the City
Manager or the subdivision/platting ordinance.
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Mendota Homes, Inc.
. P.O.Box 416
Forest Lake, MN 55025
(651)688-6342
(651) 688-3291 fax
April 28, 1999
City of Roseville
Thomas Paschke, City Planner
2660 Civic Center Drive
Roseville,MN 55113
Dear Mr. Paschke,
This letter accompanies an application for a Planned Unit Development fora parcel of
land located between Old Highway 8 and Highway 88, south of County Road C2, in
Roseville.
This parcel is approximately 460 feet long on the south side, 420 feet long on the north,
and 125 feet wide. It is covered with asphalt surface,havingbeen used as a parking area
previously. The property is bordered by single family homes to the north and the
Executive Manor condominiums to the south. Old Highway 8 provides the western
. border and vacant land, owned by Mendota Homes, Inc., borders to the east. The present
zoning of the property is 13-1, although the Roseville Comprehensive Plan designates the
parcel as high density residential.
This parcel provides an interesting dilemma in that a small portion, on the west end,
actually lies in the Village of St. Anthony in Hennepin County. The larger portion, to the
east, lies in Roseville in Ramsey County. The area in St. Anthony was originally zoned
for light industrial use. However, in anticipation of development, Mendota Homes,lnc.
obtained a zoning change to R-4 in December of 1997. We understand that we'll be
working with the City of Roseville and the Village of St. Anthony simultaneously to
develop this parcel.
Our development proposal involves construction of twelve, rambler-style townhomes
with full basements, to be constructed in three clusters of four units. All townhomes will .
feature one or two bedrooms on the main level with the opportunity for more finished
space in the lower level. The lower levels have daylight-style windows, creating an
abundance of light and pleasant living spaces. In addition, all townhomes will feature
low maintenance vinyl exteriors,bay windows, skylights, and double,attached garages.
Parking for guests will be available in the driveways and along the main drive into the
property as permitted by the City of Roseville.
Prices will range from $140,000 to$170,000. Mendota Homes, Inc. is in the process of
beginning construction on a 30-unit condominium building,for those 55 years and over,
on an adjacent parcel. We've discovered demand for condominium and one-level
townhomc units in Roseville and surrounding communities. Many individuals are moving '
From their single ramily homes and are seeking dwellings requiring lower maintenance,
but still offering the same kind of amenities and spaces found in single family homes.
The plan attached to this application indicates grading and drainage for the site. The
topography is relatively flat,dropping about three feet from the west end to the east end.
'fhe site will be graded to drain to the east to a newly created detention pond on the
condominium site. The construction of the proposed townhome development will
necessitate the removal of the asphalt currently covering the parcel. In the end, less
impervious surface will be present on the site, creating less run-off than is present today.
Landscaping of the site will include sod and appropriate planting of trees and shrubs. A
landscape plan is forthcoming.
We believe the proposal before you, for the construction of twelve townhomes,will have
minimal impact on the surrounding area and community. One-level townhomes will not
impose visually on the existing homes to the north or the three-story condominium
structure to the south. The surrounding area will experience a minimal increase in traffic,
but will also see the removal of a large and unsightly asphalt surface and the construction
of housing that is in demand in Roseville and St. Anthony.
In short,we feel twelve townhomes constructed on this large site represent an appropriate
and feasible use of the land that is corisistent with the Roseville Comprehensive Plan and
the existing use of surrounding land. '
Please contact me with questions or concerns,
Sincerely,
Erin E. Mathem
for Mendota Homes, Inc.
•
Date:
. Fee:
K-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
EP06oll for Variance
Applicant: �Llek + u-CSl (� Phone- 34 L
Address: Ob lures --
----
Status of Applicant (Owner, Buyer, Lessee, etc.):
Legal Description of property proposed for variance: Lo l 31oc l� I f'4cLfra,:, sG�d.c'h
Street Address: _3�Z ol— 1{ kt s ?� -
Presently Zoned:
Minnesota Statutes and'City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
. 1. Because of the particular physical surroundings, shape, or topographical conditions of
the parcel or lot, the proposed variance would relieve.m: undue hardship, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced.
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would corrgct extraordLnary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
3. The alleged difficulty or hardship is caused hy the Cites Ordi4qncg and has not been
created by any persons presently having an interest in the parcel of land.
. Signature of Applicant ���J� -
MENDOTA P.O. Box Forest Lake,MN
55025
�--�
JJOME(S� I Eagan
(651)638-4342
. Fax
(651)688-3291
-..- Forest Lake
(651)464-9055
Fax
(651)464-9056
July 28, 1999
Saint Anthony Village
Attn: Kim Moore-Sykes
3301 Silver Lake Road
St. Anthony,MN 55418
Dear Ms. Moore-Sykes,
Please find, attached, an application for a setback variance for a parcel of land located at
3621 Old Highway 8 in St. Anthony. This application accompanies an applications for a
conditional use permit and a request for approval of a new plat. The parcel involved is located to
the east of Old Highway 8 and south of County Road C-2. It is bordered by two single family
homes to the north, condominium property, also owned by Mendota Homes, Inc. to the east,
Executive Manor Condominiums to the south and, across Old Highway 8,townhouses to the
west.
Mendota Homes, Inc. is proposing the construction of twelve single-level townhouses for
this site. Ten of these townhouies will be located in the City of Roseville,with the remaining two
in St. Anthony, as the dividing line between Roseville and St.Anthony and Ramsey and
Hennepin Counties bisects the property.
We are requesting a rear yard setback variance of 27 feet for-the townhome farthest to the
east on the St. Anthony side of the development(unit#2 on the development site plan). The R-3
zoning district for townhomes(which is a permitted conditional use on R4 zoned property)
requires a rear yard setback of 30 feet. Due to unique circumstances which exist on this property,
namely that the city and county dividing lines run directly through it,we are only able to provide
a 3 foot rear yard setback for this building, in the City of St.Anthony. There are actually eleven
feet between the townhome in question and the next building,however, eight of those eleven feet
are in Roseville.
There are several reasons why this variance request is justified. First, the City and
County boundaries running through this site clearly present an extraordinary circumstance which
Mendota Homes, Inc.had no hand in creating. However,they continually present.challenges in
measuring and accommodating setbacks and in creating a development that is well-planned,
cohesive, aesthetically pleasing, and flows between the two Cities. Adhering to the strict
guidelines of the zoning code in the instance of this project would create a townhome
development with ten units spaced evenly in Roseville and one townhome, set 33 feet from the
Roseville/St. Anthony border in St. Anthony. This layout would clearly defeat the aesthetic
value of the development.
49 Absent the existence of the City and County border line on this site,no variance request
would ba necessary, as buildings one and two would share a common wall with buildings three
and four, to create a four-unit cluster, as is illustrated on buildings five through twelve. However,
.thc City of Roseville, in their review of this development, required Mendota Homes, Inc. to '
separate units one and two from three and four. Their rationale involved leaving ample space
between the two jurisdictions to avoid confusion in the event fire or rescue efforts would be
necessary. In this instance, accommodating this request by the City of Roseville has created a
hardship for construction in St. Anthony,which could be relieved by the issuance of a rear-yard
variance.
In addition,the site is currently covered vrith crumbling asphalt for border to border.
This is not only a physical eyesore,but directs excess water runoff onto adjacent property.
Mendota Homes, Inc. seeks to remove the asphalt and curb blocks,and correct and improve
drainage conditions. To do this,Mendota Homes,Inc.must bear extensive cost before
construction of the actual townhomes can ever begin. It is our belief that the asphalt surface
currently covering the property,in addition to the size and shape of the lot constitute an
extraordinary circumstance. The construction of twelve townhomes(ten in Roseville, two in St.
Anthony)is necessary to adequately defray the additional cost of removing the asphalt surface
and keep the townhomes affordable. The long,narrow shape of the property limits options for
placement of the twelve units and necessitates construction of two townhomes, one with a rear-
yard variance, in St. Anthony.
In short,the combination of circumstances involved at this property,from the size and
shape of the lot to the presence of the City.and County boundary line, croate.a problematic
building situation. However, the necessity for the type of housing proposed—single level
townhouses in a community with a large maturing population seems to justify the issuance of a
variance. Mendota Homes,Inc. seeks to provide an affordable,livable townhouse community to
individuals who wish to remain in St. Anthony and Roseville,but move to a tower-maintenance
dwelling. We feel we've created a development that is woll-planned,well-suited to the
community, and puts a cmently dilapidated parking lot to.a far better,and more beneficial.use.
Please contact me with any questions.
Sincerely,
Erin E. Mathern for Mendota Homes,Inc.
STAFF REPORT
•: Planning Commission
From: Kim Moore-Sykes, Management Assistant
Date: August 20, 1999
Subject: 99 — 09 Jim Furseth, 2550 Highway 88: Conditional Use Permit and
Comprehensive Sign Plan
Conditional Use Permit. Mr.Jim Furseth, prospective owner of 2550 Highway 88, formerly the
Town&Country grocery store, has applied for a conditional use permit for his recreational
vehicle business that he proposes to locate at this site. This conditional use permit is required
because Mr. Furseth's business includes service and repair of recreational vehicles and
motorcycle sales. As required by the Ordinance, these uses are specifically listed in the City's
Zoning Ordinance as uses allowed with a conditional permit (Chap. 16, Sec. 1635.03 (d) and (s)).
The Ordinance also requires that the use will not be detrimental to the health, safety, or general
welfare of the persons residing or working in the vicinity or to the values of the property in the
Splity (1665.04, Sub& 3, (c)). Mr. Furseth's proposed business complies with this requirement
as well. He is proposing to renovate and make structural improvements to the building that will
comply with current uniform building code, thus creating a building that is more sound in
structure and design. Mr. Furseth through his agent Mr.Jim Kellison, has participated in many
discussions with the new owners, Mr. Krier and the City regarding redevelopment goals for the
Center. He has supported the proposed redevelopment planning activities that will increase the
value of his prospective property and that of the Shopping Center.
The relocation of Mr. Furseth's'business to this area also provides a service or facility,which is
in the interest of public convenience and will contribute to the general welfare of the
community. Last fall, the City Council hired Richard Krier to assist with the redevelopment plan
for the St. Anthony Shopping Center. In surveying the Center's business tenants and
surrounding neighborhoods, Mr. Krier reported that the overwhelming response was to keep the
Center as a retail/commercial use. Mr. Furseth's business is one that is unique to the retail area,
has the potential of increasing the property values of the Center and adheres to the community's
desire of keeping the Center commercial.
Mr. Krier has also reviewed Mr. Furseth's proposal and has recommended conditions that
should be included, as part of the permit should the Council approve Mr. Forseth's application.
ose conditions include:
a. Vehicles awaiting service, products and parts are to be stored inside the building;
b. all trash and garbage storage and trash compactor should be enclosed;
C. all mechanical equipment placed on top of the building should be screened or
camouflaged with the same material and color as the primary building; and
d. the site should conform to the Kenzie Terrace Redevelopment Project Area Design•
Guidelines, including: lighting, screening, landscaping, pedestrian amenities, and
parking in accordance with the recently adopted redevelopment plan and the
revised Kenzie Terrace Redevelopment Project Area Urban Design Guidelines.
Mr. Krier's report and recommendations are included in this packet.
Comprehensive Sign Plan. Mr. Kellison has submitted a drawing indicating a need for several
signs as a part of Mr. Furseth's business. Mr. Kellison indicated to Staff that Mr. Furseth is
required by marketing agreements that he has with various manufacturers to provide signage to
advertise the products that he sells. This is a similar situation for Tires Plus, another business in
the City.
While the City's Ordinance is very clear regarding the amount of signage a business can have
based on its frontage, it does allow for flexibility. Section 1400.09, Subd. 5 indicates that a
shopping center may submit a comprehensive sign plan where the provisions of the City's Sign
Ordinance are not adequate or appropriate. The St. Anthony Shopping Center has a
comprehensive sign plan in place with the City and Mr. Furseth is submitting his sign plan to be
included as a part of the Center's existing sign plan: This situation.also exists at the Apache
Shopping Center,where as part of the redevelopment effort, individually owned or franchised •
businesses have opened and have submitted their signage needs to be included as part of the
Plaza's comprehensive sign plan.
r
•
JUL. -20' 99 (TUE) 16:05 CITY OF ST. ANTHON -- - TEL:612 781 9323 P. 002
Date: 7/21/99
Fee: Q.00
CITY OF ST. ANTHONY
P IC 7i O
ONDITLoNAL USE PEBMIT
Applicant: Jim Furseth
Phone: (651 ) 351 -9363
Address: 14565-28th Street N. , Stillwater, MN 55082
Status of applicant (owner, buyer, renter, agent, etc.): Agent
Street address and/or legal description of property in question:
St. Anthony Village Commercial Center Addition No. 1
Zoning district in which property is located: C General Commercial District
.Conditional use proposed:-Sal es, service motorized sport vehicles and accessories. Install-
ation of trailer hitches on cars RVs
and light pick-up trucks.
Minnesota Statutes and City Ordinances require that the following conditions be satisfied
before a conditional use may be authorized. Please respond to these conditions, using
additional sheets, if necessary.
1) The proposed conditional use is one of the conditional uses s 'fic is for the
zoning district in which it is to be located. Permitted uses listed - auto accessories
page 16-22; (i ) , sporting goods; page 16-24, (nnn) permited conditional uses page
16-25; auto repair (d) ; page 16-26 (s) motorcycle and accessories
2) The proposed conditional use Will iot be detr[mental to the health, safety, or general
welfare of 29.Lsorig residing or working in the vicinity 'ur' o values or
improvements in the vicinity. All repair work is to be done in the interior of the
building, sales of accessories, motorcycles, water craft and all terrain vehicles
will be from adjoining interior sales area.
3) The proposed conditional use is necessary de '
v a 'o to
provide a service or a facility which is in the interest o i� c convenience and will
ontribute to the general welfare of the neighborho .d or community. As i will
Recycle an existing building, improve th t 11
the local area. � - ce and create jobs in
Signature of applicant:
AUG. 9.1999 11.45AM • DHA/KELLISON NO.525" P.2i4
: I
E'AL * V,•STATE' DEVELOPMENT AND CONSTRUC.TION SE �LVI.CF'S
720Q HUD50N BtvD;,SUITE 230,OAICDAL1i,'MN 55125 ! OFFICE 65I 750-0100 '• FAX 451+730.030 T_
July 30, 1999 ;
Planning Commissiatlers
City of St, Antony .
3301 Silver Lake Road ;
St. Anthony, MIx155418-1699
RE; The Hitching Post'
010 Towne & Country Mkkct
Dear Conuniss�onera;
Kelfison Company is tue design-build general contractor providing development services for the
owner of The Bitching Post to acquire the old Towne and Country Market and convert it.into'
retail.aales and service center for motorized sports vehicles and accessories aS well as the
installati6n of trailer hitches. The owner of The Ditching Post currently has three facilities in t�e
Twin Cities area and is intending to relocate 6om hiis.existing store oil University.Avenue in St.
. Paul to this.ncw facility in St. Anthony. This'will include apprgximately 25 employees and sales
generation.in excess.of$d mullion per year. The rernodel of this facility will also Increase-the
prbperty value arid, 04er6or, the City's tax base,
As you will note in the attached drawings and the rendering, the building is to b 'sinifcantly
upgraded and modernized in'all aspects from the exterior appearance throug'h:the interior
firiislies. -The building,is a total'bf 31,000 Square feet of'which approxitnately. 18.,000'sgq4rd feet
will be retail sales and the balance will be parts,-service, storage, and trailer hitch installation,
We are hoping that thi's upscale renovation will Help to set the stand&rd for the rejuvenation of
the adjacent shopping center and City,owned property. Our plans for the alto specifically eyelude
landscaping and site lighting at this time, as this project falls within the visioning scope for ,
redevelopment of the shopping center and City property. We have agreed to Work-with tho City
and shopping center-owner to develop a cohesive; cobrdt' ated landscape and lighting p1p for the
,total area,' Since our project needs to start sooner than tho'total plan can be deve.loped,we are
asking approval of our plan subject'to our cooperating'in the total plan slice it is developed,-
Although sporting goods and.auto(substitute "motor sports vebicWD accesSories.ate listed as:
permitted uses in tl a general-commercial district, a.conditional use permit will be requixed for
categories that include auto repair(substitute!^trailer.hitches") and motorcycle and accessory
sales. Since the facility will incorporate various types of rtiotorized sports vehicles,but not the
sale or-accessorizin4 ofatit6r4obilest it appears that a conditional,use permit is most ftitig under
the permitted ponditionaal uses.
AUG. 9.1999 11:46AM DHA/KELLISON NO.525 P.3i4
piazuung Co=issioners ;
July 30, 1999
-Page-2 '
The rendering'developed.for the building shows the use•of a maj'or'ponidn of the existing facade
. revitalized using expansion J'.o*i is and n w'color coati:g f stucco in co.njunction with tl
q
: introduction of brick-elements at toe crown corner and the outrances:as well as under the new
windows. The•new sterefrorit windows Apd doorway areas Will have a tinted glass set.into ;
factory painting,window mullions"in a turq4oise-grp='f1nish.'All of the colors and•finisheS us' d
in.the buq#g are in conformance with the guidelines est4blished.in the Kenzie Terrace.
Redevelopment Project Area plan. T,heye'st and-south faces of the building will be renovated .
and repainted with colors to itnitate the face of the building.' A new roof will be inst4lled over.
the eritixe project•and'nevv copingmaterial will be installed at,the parapet wails, All hogt ngand
air,'conditioning units on the roof, whether Visible'or not,will be painted to blend with'the colors
of the building. .
We have put together a oompreller}sive signage lilan for this project for your review md• ;
recommendation.to the City POurlcil. 'T'he Hitching Post is subject to marketing �,greoments with'
manufacturers mucli like an automobile.dealership wbuld'be subjected to if they soJ4
Ford/Mproury/Lindoln products.:The sign plansubmitted is sensitive to the.sign intent of the
City and is,considera,te-of the-adjacent.shppping center. Each of•the manufacturers signs will be
constructedwith:similar materials in a similar style to provide a cohesive signage pattern for the
building. The main building•sign, The Hilchilig P.pst, will-be,constructed of individual channel.
letter as'will additional si a. a indicatiti the service entralice and service doors.
s as wl 1 gn � . , g . . . .
The rgidoring of the building is,inclusive of all signs being applied.for. The total square footage
of•signage on the east.face of the building.is 180 square feet comprised of five sips of Y X 12'
each;, .'Phis,exceeds the ordinance allowance of 150 square feet,,however,-15% of the wall
footage would allow for 309 square'feet and'the other'computation is.an allowannce of 252 square
feet at'rivo square feet Pet lineal foot of building face, On the north exPosure'cf the building, we
are asking fora total 172 square feet"of ipage where thebr'dinance oiice.again.allows for a-
maximum of 150;square feat, 'Based op the square footage of wallL.area at 15%, vye would be
allowed 493 square feet&nd*at two -feet per lineal foot;we would be allowed•328 square
fget of'signage, Due to-the unique r;aturq of tlne, m4rlceting requirements of the manufacturers of
products being sold,we believe th�.t At'ticle 1$00,13.• Adjustments and Appeals•Subdivision 2, ,
SOp4agraph (2) would apply to'alloO for atn exeinption fiorn'the hieral provisions of the
signage ordiulances, We believe tbat,there is a specific hardship-with respect to this particular. ;
individual'property due to the,marketin�-requirements ozd'that'Subparagraphs A and,B-of this
provision would apply. It would be possible for'fhe'Hitcl�g post to accomplish its signage
needs-with the explicit.requiremeizts of the ordi Once by using sip' 4'ge for its products in the '
windows, but we, as I am surd the City concurs, feel that this would detract from the appeal'of
the project, If our requested comprehensive signage plan is approved,The Hitching Post will
agree, to not install any wirldovy Aignage. ;
'Parking lot.fighting sta4daids have,bieet-located on floe plan where we.estimate-the•light will be '
reclvired, tiVe are cantinuing out process with the City for 4 cohesive.aa�,�000rdinated lighting
..AUG. 9. 1999 11:47AM DHA/KELLISON NO.525 P.414
Planning Commissioners
July 30, 1909
. Page 3
-'plan for the entiro-sbopping center district and therefore the plan,as shown may be anieaded upon
a final decision for the entire redevelopment area,' Also, We have shown on the site plan .
locations for exteridr wall,tmounted•shoe-box type light fixtures at security locations on the west
and south elev4tionS of the building, The canopy on the nortli'•faee of the building will-have light
fixtures,provided fof down lighting only under the canopy area.
Due to the nature of the trash that is generated„ including large cardboard boxes a4d wood
pallets, The)iitching Post would be placing a 30;yard enclosed rubbish bin on the south side of .
the build 4g'whicb would be'attached to the building for easy loading from within. The bin itself
is'approx#ately $'Wide by 30'long by 8'high. The bin Will be fully loaded approximately every .
t` q weeks and a tntcic will come to remove that bin-aad•replace it with an empty bin, This will
eliminate the number of tras$trucks and.the noise attended thoreto in floe normal loading arid'
unloading of small three yard dumpster type bins. Also this assures that fhe cardboard and
pallets that are disposed of will be in an enclosed facility: A screen wall will be placed at the
south side.of the building to screen the,bin front the adjacedt property,' ;
The Hitehiug Post and IZellison Company are very much looldng'forward to working with St.
Anthoiiy in the finalization'of the site design arnd`the subsequent renovatioti of the building, 'This
. ' will be a great start on redeveloping your City Gateway.
Respectfully yours,
r es 1 . Kellison
P sident
JEKJjjv
• c: Jim Furs eth,-The Hitching.Post,
August 11, 1999
Planning Commission
City of St. Anthony
3301 Silver Lake Rd NE
St. Anthony, Mn 55418
RE Application for a conditional use permits Hitching Post
Dear Commissioners:
I have been asked to comment on the proposed conditional use permit. We are all glad that a user
has stepped forward to put the vacant 31,0000 square foot building into 18,000 square foot retail
use as well as motor cycle sales use and vehicle repair use. This application and the cooperative
actions of the developer are greatly appreciated. The proposed uses are either permitted uses or
permitted conditional uses in General Commercial District. The development of this Old Country
Market space will help the community realize the vision, which was adopted last year. In
summary that vision is:
• a retail mix with high quality, service-oriented specialties;
• a strong design image with articulated entrances, and well-designed storefronts, green
spaces and linkages between buildings;
• pedestrian-oriented;
• enhanced by natural elements;
• community oriented with community gathering spaces;
• appealing to all community members.
Over the last few weeks we have been in negotiations with the Old Country Market property
developer and the St. Anthony shopping Center owners to develop a plan which not only fulfills
the vision but the adopted comprehensive plan and the Kenzie Terrace Urban Design guidelines.
As part of the conditional use permit application, the Old Country Market developer has agreed
to several conditions and is in disagreement on one condition.
I would suggest that the Commission apply the following conditions to the conditional use
permit:
Building conditions of the conditional use permit:
1. All vehicles, merchandize and parts storage should occur in the building. Outside storage
should not be allowed.
2. All trash and garbage storage should be enclosed in the building or in a building addition.
The developer has not agreed to this condition. Because the large proposed dumpster is very
visible from the Autumn Woods Apartments, the dumpster should be enclosed, the enclosure
made of the same material as the primary building and painted to match the primary
. building.
3. The building colors have been identified which conform to the for the Kenzie Terrace '
Redevelopment Project Area Urban Design Guidelines. The colors indicted on the developers
rendering should be a condition of approval.
4. All mechanical equipment on top of the building should be self-contained and should be
painted with the same color as the primary building. The developer has indicated he would
provide a Commission with a typical picture or drawing of the self-contained, enclosed, roof
top mechanical equipment. This typical drawing or picture should be made part of the
conditional use permit.
5. The building should conform to the Kenzie Terrace Redevelopment Project Area Design
Guidelines including building facade, and signs.
Site conditions of the conditional use permit
1. Perimeter between this land use and the residential land uses to the west should be landscaped
with overstory trees. The Developer has agreed to a concept plan, which shows the buffer
landscaping. The concept plan should be a condition of the conditional use permit.
2. The site should conform to the Kenzie Terrace Redevelopment Project Area Design
Guidelines including: lighting, screening and landscaping, plant material, and pedestrian
amenities such as paving, benches,trash containers and bike racks and to the site design
requirements including parking lot landscaping. The attached concept plan is a good start to
this condition.
3. Part of the pedestrian greenway should be provided in the back part of the lot and in
conjunction with the other shopping area to the proposed village green near TH 88.
4. The parking lot should be resurfaced
Other condition of the conditional use permit
Because the developer is ready to proceed with this project before.a coordinated design theme can
be negotiated with the St. Anthony Shopping,Center and this developer, I recommend that the
city enter into a developers agreement with the developer/property owner. This developers
agreement among other things should require a Letter of Credit to insure that the
developer/property owner builds the site amenities to conform to the guidelines of the
Redevelopment Project Area, the attached concept plan, the site plan, and the elevation.
inceDAel_y,
Richard Krier, AICP
RLK-Kuusisto, Ltd.
Encl.
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ITT IIT�:
�"�r
DORSEY & WHITNEY LLP
• MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK
WASHINGTON,D.C. 220 SOUTH SIXTH STREET DENVER
LONDON MINNEAPOLIS, MINNESOTA 55402-1498
SEATTLE
BRUSSELS TELEPHONE: (612) 340-2600
FARGO
HONG KONG FAX: (612) 340-2868
DES MOINES BILLINGS
WILLIAM R.SOTH MISSOULA
ROCHESTER (612)340-2969
COSTA MESA FAX(612)340-2644 GREAT FALLS
soth.william@dorseylaw.com
July 15, 1999
Michael J. Mornson
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Pahl Avenue Properties
• Dear Mike:
At your request, I have prepared a form of resolution relating to the three Pahl Avenue
properties. I have prepared this in a form that can be used for a"quick take" as well as a form
that does not provide for a quick take. The resolution which refers to Minnesota Statute Section
117.042 in the last paragraph is the form that would be used for the quick take. As you and I
discussed,there may be no reason for this. If there is not, I would recommend that we not pursue
a quick take so as to provide more time for the Kuharskis and the Tuohy tenants to relocate.
I am obtaining the information that will be necessary to make sure that we include proper
legal descriptions and the correct names of the owners and any parties holding any encumbrances
on these properties. As soon as I obtain this information, I will forward it to you.
If you have any questions or comments, please give me a call.
Very truly yours,
William R. Soth
WRS/W
•
. CITY OF ST. ANTHONY
RESOLUTION 99-051
A RESOLUTION APPROVING CITY ACQUISITION
OF 2700, 2704, AND,2709-PAHL AVENUE
BY EMINENT DOMAIN
WHEREAS, the City Council of the City of St. Anthony passed unanimously on January 13,
1998, Resolution 98-018 authorizing the City Manager to proceed with
negotiations to purchase five homes (2713 and 2716 St. Anthony Boulevard and
2700, 2704, and 2709 Pahl Avenue); and
WHEREAS, the City Council of the City of St. Anthony passed unanimously on May 26,
1998, Resolution 98-046 authorizing final plan preparation including purchase
of said five homes; and
WHEREAS, the City Council of the City of St. Anthony on March 23, 1999, authorized City
staff to retain Evergreen Land Services Co. to negotiate on behalf of the City
the purchase of the homes on Pahl Avenue because negotiations between the
homeowners and the City had reached a stalemate; and
WHEREAS, the City of St. Anthony's last offer on June 17, 1999 to purchase 2709 Pahl
Avenue for $200,000 plus assessment has been rejected; the last offer to
purchase 2700 Pahl Avenue for $133,500 plus assessments has been rejected;
the last offer to purchase 2704 Pahl Avenue for $142,000 plus assessments has
been rejected; and
WHEREAS, the City Council of the City of St. Anthony, Minnesota, a municipal corporation
under the laws of the State of Minnesota, (the "City") has determined that it is
necessary, advisable, and in the public interest that the City acquire title to
certain property for drainage, storm water holding, and flood mitigation
purposes; and
WHEREAS, in order to accomplish such public purposes, it is necessary that the City
acquires the properties described on Exhibit A attached hereto made a part
hereof(the "Properties"); and
WHEREAS, the City has been advised that the properties will not be made available for the
City by negotiated purchase in a manner that would meet the objectives and
purposes of the City and that it is necessary and appropriate that the City
acquire the Properties by eminent domain; and
Resolution 99-051 •
Page_2 .
NOW; THEREFORE, BE IT RESOLVED, that in order to acquire title. to the properties for
drainage, storm water holding, and flood mitigation purposes the City shall proceed to do so
under its power of eminent domain; and that the-attorneys for the City be instructed and
directed to file the necessary petition therefor and to prosecute such action to a successful
conclusion, or until it is abandoned, dismissed or terminated by the City or the Court; and that
the attorneys for the City, the Mayor, City Manager and City Clerk to all things necessary to
be done in the commencement, prosecution and successful completion of such eminent domain
proceeding pursuant to Minnesota Statutes, Chapter 117; and that the attorneys for the City are
authorized to take all actions necessary and desirable to carry out the purposes of this
resolution.
Adopted this day of , 1999:
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
07/22/99 THU 11:32 FAX 16123402644 DORSEY WHITNEY 2003
EXHIBIT A
Parcel l: Lot 39; Block S, Murray Heights Addition to Minneapolis, Hennepin County,
Minnesota.
Owner: John Harold Kuharski and Mary Ann Kuharski,husband and wife, as joint
tenants.
Mortgage: None
Parcel 2: Lot 9, Block 6,Murray Heights Addition to Minneapolis, Hennepin County,
Minnesota.
Owner: John P. Tuohy and Jean E. Tuohy,husband and wife, as joint tenants.
Mortgage: None
Parcel 3: Lot 10,Block 6, Murray Heights Addition to Minneapolis,Hennepin County,
Minnesota.
Owner: John P. Tuohy and Jean E. Tuohy,husband and wife, as joint tenants.
Mortgage: None
B.A.Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
8441 Wayzata Boulevard Peter R.Willenbring,P.E. .
Minneapolis, MN 55426 Donald W.Sterna,P.E.
• Ronald B.Bray,P.E.
612-541-4800
&Associates,Inc. FAX 541-1700
August 13, 1999
Honorable Mayor, City Council, and Staff
City of St Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Re: Investigation of Alternatives for Flood Mitigation in the Vicinity of 2709 Pahl Avenue
WSB Project No. 1065.19
Dear Mayor, City Council and Staff:
As you requested at the July 27' City Council meeting, we have further reviewed the alternatives
available for providing flood protection in the vicinity of 2709 Pahl Avenue. As part of the
review effort, property owners in the vicinity of the project were contacted to determine if a
willing seller was present in the project area and to discuss the possibility of the City acquiring
• drainage easements for the purposes of constructing an overflow swale. The following
comments were received:
Address Comments Received
2800 St. Anthony Blvd. Property is not available for sale to the City for the purposes of
demolition and construction of a stormwater holding pond.
2701 Pahl Avenue No comment provided.
2705 Pahl Avenue Prefers the option of home purchase to easement acquisition for
construction of an overflow swale. Further indicated that the home
may be available for a price of approximately $195,000.
2713 Pahl Avenue' Home is not available for purchase by the City, but would consider
allowing the City to purchase an easement over the western portion of
the property for the purposes of constructing an overflow swale. The
easement purchase would be contingent upon approval of the swale
design by the homeowner.
2709 Pahl Avenue Homeowner will provide an easement to the city in lieu of purchase
of their home.
• Based on these conversations and a review of the site, we believe the following options are
available to reduce the impacts of flooding in the vicinity of 2709 Pahl Avenue:
Infrastructure Engineers Planners
F:\WPWM1065.19\081899hmc.wpd
EQUAL OPPORTUNITY EMPLOYER
Honorable Mayor, City Council and Staff •
City of St. Anthony, MN
August 18, 1999
Page 2
I. Condemnation
This option condemns the property at 2709 Pahl Avenue for the purposes of constructing
an overflow swale and ponding area to provide 100-year flood protection. Implementing
this alternative has the following impacts:
1. This project will provide 100=year flood protection to adjacent residents.
2. A family will be dislocated from, or relocated within the City.
Estimated Cost: $230,000.00
II. Purchase 2709 Pahl Avenue
Under this option, the City would provide a lot within the City and would purchase the
property at 2709 Pahl Avenue. The residents would then be responsible to build a new
home and relocate. The following is considered in implementing this option:
1. Project will provide 100-year flood protection to residents within project area. •
2. Home would be purchased at appraised value in willing seller negotiations.
3. Does not dislocate a family from the City.
Estimated Cost: $250,000 - $270,000
III. Relocate 2709 Pahl Avenue
This option considers moving the home from 2709 Pahl Avenue to another lot within the
City of St. Anthony. Implementation of this option must take into consideration the
following impacts and issues:
I. The City would be relocating a home which is not built to current building codes.
2. The project would provide 100-year flood protection to residents within the
project area. .
3. Location of the proposed move may not meet the needs of the family being
relocated.
4. Does not dislocate a family from the City of St. Anthony.
5. An inspection and determination of the structures stability for moving must be
made by a structural engineer.
Estimated Cost: $145,000 -$175,000 •
F:\WPWM 1 065.19\081899hm c.wpd
Honorable Mayor, City Council and Staff
City of St. Anthony, MN
August 18, 1999
Page 3
IV. Construct Overflow Swale and F000dproofing Measures
This option considers the construction of an overflow swale between 2709 and 2713 Pahl
Avenue and floodproofing 2800 St. Anthony Boulevard, 2701, 2705, 2709 and 2713 Pahl
Avenue. Implementation of this alternative may have the following impacts:
1: Will provide between 50-year and 100-year flood protection with no freeboard.
2. Street flooding will occur more frequently due to a reduction in the proposed
stormwater storage volume.
3. Five property owners will be affected by this option.
4. The City will require a waiver of liability prior to completion of flood proofing
measures on private property. An opinion or recommendation from the City's
attorney should be sought before completing a public improvement on private
property.
Estimated Cost: $115,000.00
. V. Delay Purchase of 2709 Pahl Avenue
This option looks at delaying the purchase of 2709 Pahl Avenue until such a time as
residents can find suitable housing within the City of St. Anthony or until their family
needs change such that they would be willing to sell their property to the City. This
alternative would allow the residents within the vicinity of this project to be eligible for
the City's flood proofing grant program. Implementation of this option would have the
following impacts:
1. Residents will be susceptible to flooding for events less than a 100-year storm
event.
2. Residents will be eligible for participation in the City's flood proofing grant
program.
3. Allows the family to remain within the City of St. Anthony.
4. At some time in the future,this option will provide 100-year flood protection.
Estimated Cost: $250,000+
VI. Delay Purchase,of 2709 Pahl Avenue and Construct Overflow Swale
This option combines Options IV and V to provide the residents an additional level of
. flood protection until the home at 2709 Pahl Avenue can be purchased. The impacts of
this option are the same as Options IV and V.
Estimated Cost: $315,000 (+)
F:\ViPWIN\1065.19\081899hm c.wpd
Honorable Mayor, City Council and Staff
City of St. Anthony, MN •
August 18, 1999
Page 4
VII. Purchase 2705 Pahl Avenue
This option considers the purchase of 2705 Pahl Avenue through negotiation with the
homeowner. This option may also require that the garage at 2709 be flood proofed or
relocated. Implementation of this option would have the following impacts or issues to
resolve:
1. Provides 100-year flood protection to residents.
2. Affects two property owners
3. Dislocates a resident from the City.
4. Resident is not necessarily a willing seller.
Estimated Cost: $210,000
VIII. Do Not Purchase 2709 Pahl Avenue
The City of St. Anthony could decide not to purchase 2709 Pahl Avenue. This would
allow the residents in this vicinity to be eligible for the City's flood proofing grant
program. The implementation of this option would have the following impacts:
1. 100-year flood protection may not be provided to residents.
2. Street flooding would occur more often.
3. Residents would not be dislocated from the City.
Estimated Cost: $50,000
The following table summarizes the options presented in this letter.
Provides Project Estimate
Option 100-Year Protection Cost
I. Condemnation Yes $230,000
H. Purchase 2709 Pahl Avenue Yes $250,000 - $270,000
III. Relocate 2709 Pahl Avenue No $145,000 - $175,000
IV. Construction Overflow Swale& Yes $115,000
V. Delay Purchase of 2709 Pahl Avenue Yes $145,000 - $175,000
VI. Delay Purchase of 2709 Pahl Avenue Yes $315,000 (+)
VII. Purchase 2705 Pahl Avenue Yes $210,000 •
VIII. Do Not Purchase 2709 Pahl Avenue No $50,000
F:\WPWrM 1065.19\081899hmc.wpd
Honorable Mayor, City Council and Staff
• City of St. Anthony, MN
August 18, 1999
Page 5
If you have any questions regarding these alternatives, I will be available at your August 24, City
Council meeting or you may contact me at 612-541-4800.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, P.E.
Project.Engineer
cc: Mike Mornson, City of St. Anthony
Jay Hartman, City of St. Anthony
John & Mary Ann Kuharski, 2709 Pahl Avenue
Tom & Susan Hoban, 2705 Pahl Avenue
. Brett& Robin Carlson, 2713 Pahl Avenue
Roger Ness, 2701 Pahl Avenue
Marcia St. Hillar, 2800 St. Anthony Boulevard
jw.nm
F:\WPWFM 1 065.19\081899hm c.wpd
I
LOCATION OF' '--
OVERFLOW SWALE .r 2800
2701 ;2705
.27091``� `
2713:.
—
-- --- __ --..--..-........._....._....._--
i
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100 50 0 100 zoo
SCALE IN FEET
WSB Project No. 1085.19 Date:August 18,1999
- 350 Westwood Lake Office
8441 Wayzata Boulevard
SBMinneapolis,MN 55428 Project Area
/,- 6125/14900
A T mar,b�c FAX 541-1700 �L
INFRASTRUCTURE - ENGINEERS - PLANNERS St. Anthony, Minnesota
EVERGREEN LAND SERVICES CO.
6110 BLUE CIRCLE DRIVE, SUITE. 140
MINNETONKA, MN 55343
(612) 930-3100 o Fax (612) 935-0862
July 6, 1999 Watts (888) 411-1134
Mike Morrison
City Manager
City of Saint Anthony Village
3301 Silver Lake Road
Saint Anthony, MN 55418
RE: Proposal for Relocation Services for the properties at 2700, 2704 and 2709 Pahl
Avenue, Saint Anthony, MN 55418.
Dear Mr. Mornson:
Thank-you for requesting a proposal to provide acquisition and relocation services for the
three residential properties at 2700, 2704 and 2709 Pahl Avenue.
Our services comply with and under guidelines of the Federal Uniform Relocation
Assistance and Real Property Acquisition Act of 1970, as amended, the implementing
Federal Regulation 49 CFR Part 24, Minnesota State Statutes 117.50 - 117.52 and
Minnesota State Aid Procedures (MSA)
Acquisition.
• Meet with City's_staffto discuss project coordination, timing and procedures.
• Attend any other meetings with staff as required.
• Obtain appraisal and reviews for each parcel and discuss with appraisers as
necessary.
• Prepare just compensation Offer Letter for the City's signature on all parcels.
Prepare landowners information booklet for each parcel.
• Deliver Offer Letter and booklet to owners and begin negotiations.
Successfully serving our clients since 1972
• In negotiations, gather information and work towards resolving disagreements and
disputes to get a purchase agreement signed.
• Prepare all documents such as purchase agreement, occupancy agreement, etc.
• All written and oral communication will be documented in each file.
• Prepare a weekly report on status of negotiations.
• Work with relocation team concerning vacancy dates.
• Coordinate closing's with City Attorney or title company.
Work with the City Attorney or title company on issues concerning marketable
title.
• If condemnation is necessary provide services as directed by City Attorney.
Relocation
Steps in providing relocation assistance services for displaced business owners and
tenants:
• Initial meeting with your Agency to discuss project coordination and procedures;
meetings with each owner and occupant to provide written general information on
relocation benefits, documentation requirements, and the process applicable to
each of their situation.
• Determine needs and preferences for the move and replacement location for the
owner and occupants. Explain relocation benefits, the process involved with
relocation, and the payment documentation requirements.
• Offer advisory services regarding the move, explanations of relocation benefits and
procedures, and other assistance as necessary.
• Preparing the required Notices of Eligibility for Relocation Assistance and 90-day
Notices to Vacate per the relocation regulations, for your agency staff's review
and signature.
. • Assisting the occupants in identifying and documenting eligible, reimbursable
relocation costs and confirming the submitted costs are reasonable and necessary
per the regulations.
• Research for and provide referrals to available replacement properties, as
requested.
• Preparing claims for relocation payment and making recommendations to your
agency regarding the eligibility of relocation benefits requested by the occupants.
• Throughout the project,. reviewing the project/relocation status and reviewing any
questions and concerns of your agency.
Appraisal
• Evergreen Land Services will obtain independent appraisals for each property by a
certified appraiser. The appraisal fee will be billed back to the city of St. Anthony.
Estimate $1 - 2,000.00'.
This list of tasks is not all inclusive but our activities will comply with Minnesota Statute
. and Uniform Act regulations and will include all steps required in the process and
additional steps as may be helpful on a parcel basis. A11 written and oral communication
will be documented in each file and a by-weekly status report will be updated and
presented to your agency.
Our billing rate for acquisition and relocation services is $60.00 per hour plus mileage.
To provide acquisition and relocation services to the owner and tenants, we propose a
not-to-exceed amount of$6,000.00. We will invoice the City of St. Anthony on a twice
monthly basis,for the actual hours spent on this project, up to a maximum $6,000.00. If it
requires less time than that calculated in the not-to-exceed amount (100 total hours) for
the successful acquisition and relocation of the owners and tenants, we will bill the City of
St. Anthony accordingly.
Again, I appreciate your request fora proposal on this project. We at Evergreen would
welcome the opportunity to work with you again. Please don't hesitate to call either Matt
Storm, Vice President of Evergreen, or me if you have any questions.
Sincerely,
Steven Carlson
. Relocation Manager
momson proposal
CITY OF ST. ANTHONY
RESOLUTION 99-052
A RESOLUTION APPROVING A CONSULTING FIRM
FOR ACQUISITION AND RELOCATION SERVICES
RELATING TO 2700, 2704, AND 2709 PAHL AVENUE
LOCATED WITHIN THE CITY OF ST. ANTHONY
WHEREAS, in continuing efforts toward the City's flood mitigation program, the City of St.
Anthony desires to purchase three City residential properties; and
WHEREAS, the street addresses for said properties are 2700, 2704, and 2709 Pahl Avenue;
and
WHEREAS, the City Council sought a consulting firm to provide acquisition and relocation
services for said residential properties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
hereby approves the proposal to perform acquisition and relocation services for said.three City
properties as submitted by Evergreen Land Services Co., Minnetonka, MN, and attached
hereto.
Adopted this day of , 1999.
Mayor
ATTEST:
-- City Clerk
Reviewed by Administration:
City Manager
r ,
®
B .Mittelsteadt,P.E.
350 Westwood Lake Office Bret A.Weiss,P.E.
-
J���� 8441 Wayzata Boulevard Peter R.Willenbring,P.E.
Minneapolis, MN 55426 Donald W.Sterna,P.E.
Ronald B. Bray,P.E.
• 612-541-4800
&Associates, Inc. FAX 541-1700
Memorandum
To: Honorable Mayor, City Council, and Staff
City of St.Anthony
From: Todd Hubmer, P.E.
WSB &Associates, Inc.
Date: August 10, 1999
Re: Purchase of 2809 30`1i Avenue NE
WSB Project No. 1065.43
At your request, we.have reviewed the merits of purchasing 2809 30th Avenue NE, which is located
within the limits of the proposed Harding Street Storm Water Improvement. Based on our
evaluation of this property, it is anticipated that the following benefits may be received by purchasing
this property now:
1. No need to acquire ponding easements over the rear portion of the property.
2. Utilize property to construct overflow swale.
3. Utilize this parcel as the construction and maintenance access to the storm water holding
area.
4. Reduces the need for easements to be acquired from adjacent properties to the west.
We have=contacted the real estate agent handling the property and received the following comments: - -
1. Two potential buyers have turned away from the property learning that the City is currently in
the process of designing storm water improvements in the rear yard area.
2. The purchase price for the property is $106,000.
3. Should the City desire to purchase this property, it is recommended that the City contact the
real estate agency at the earliest possible date.
If you have any questions regarding this issue, please do not hesitate to contact meat (6 12) 541-
4800.
kd
M i n n e a p o l i s St . C l o u d
Infrastructure Engineers Planners F. -haic.wpd
EQUAL OPPORTUNITY EMPLOYER
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Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 . FAX (612) 781-9323
August 13, 1999
Ms. Lynn Camp
REMAX Realty
3351 Round Lake Boulevard
Anoka, MN 55303
Re: City of St. Anthony Purchase of 2809 30`h Avenue NE
St. Anthony, MN
Dear Ms. Camp:
The City of St. Anthony is intending to purchase the residence at 2809 30`h Avenue NE for$106,000
contingent upon the following approvals:
• 1. Approval of the purchase agreement by the City Council at their August 24, 1999, meeting.
PP P g
2. Completion of a title search by the City's attorney.
If you have any questions regarding this matter, please do not hesitate to contact me at (612) 789-
8881.
Sincerely,
CITY OF ST. ANTHONY
�rrrul�-
Michael Morrison
City Manager
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F\WPWIN\1065 01\081799-IC-pd
MEMORANDUM
DATE: August 18, 1999
TO: Mike Mornson, City Manager
FROM: Roger Larson, Finance Director
ITEM: PURCHASE OF 2809 - 30TH AVENUE NE
Per your request, I researched funding options for the purchase of 2809 - 30' Avenue
NE. It is my understanding that the purchase of this property could provide the City
entrance and exit capabilities or assist with water drainage/holding area for the Harding
Street holding pond project.
A solid funding source for this purchase can be provided from non-designated
stormwater fees in the Stormwater Fund (see attached). As of 7/31/99 the total cash on
hand totaled $1,037,379.22.
. A breakdown of the funds on hand is as follows:
$ 748,200.52 Stormwater Project balance
$ 289,178.70 Non-designated stormwater fees.
$1,037,379.22
These non-designated stormwater fees represent monies collected prior to the start of
the Stormwater Project. Council has the option of designating these funds towards
stormwater projects and improvements.
If at a later date, it is deemed that the property has no value towards the project or it
has served its purpose of providing the City with access, the H.R.A. could buy the
property and redevelop it at a higher taxable value similar to .what was done on Silver
Lake Road.
Recommendation: -
Council designate funding for the purchase of 2809 -30' Avenue NE from the non-
designated stormwater fees in the Stormwater Fund #702.
Stormwater Fund#702 7/31/99
Projeted
Revenues: Funding Source Revenues-to-Date
Street Improvement Bonds $3,200,000.00 $420,152.55
DNR $2,600,000.00 $1,800,000.00
FEMA $700,000.00 $469,458.24
Hennepin County $150,000.00 $150,000.00
Storm Water Utility Charges $500,000.00 $212,309.19
Storm Sewer City Bonds $1,100,000.00 $0.00
State of Minnesota-Reimbursements $0.00 $18,755.27
Homeowner Portion-Grant Agreement $0.00 $3,286.75
Met Council $20,000.00 $5,000.00
Misc.-Homeowner/Reimburse for Extra Construction Work $0.00 $1,586.58
Total Revenues $8,270,000.00 $3,080,548.58
07/31/99
Expenditures: Expenditures-to-Date
WSB-Engineering Services $251,500.94
Barr-Engineering Services $2,709.35
Dorsey&Whitney-Legal Services $13,722.76
Purchase of Flood Homes $320,143.35
Flood Relief Grant Program $46,402.80
Private Homes-Dumpsters $1,774.15
Sump Pump $246.64
1999 Street Improvement Project $512,036.15
2000 Street Improvement Project $1,643.50
Richard Knutson, Inc-Silver Point Park $1.182.168.42
Total Expenditures $2,332,348.06
Project Balance $748,200.52
Stormwater Fees Non-Desigantedc $289,178.70
Total Cash on Hand $1,037,379.22
CITY OF ST. ANTHONY
RESOLUTION 99-055
A RESOLUTION APPROVING PURCHASE OF
2809 - 30TH AVENUE NE
WHEREAS, the City has proposed the construction of public improvements affecting the
property at 2809 - 30`h Avenue NE; and
WHEREAS, the Owner of said property is a willing seller; and
WHEREAS, the City will not demolish or remove home until such a time as construction of
public improvements commences; and
WHEREAS, should public improvements not be constructed on said property, the property
shall be offered for purchase to the public.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
. hereby approves the City's purchase of 2809 - 30`h Avenue NE, upon approval of purchase
documents by the City Attorney, for a price of$106,000.00.
Adopted this day of , 1999.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
ROMWPURCHASE AGREEMENT
Associates Plus,Inc.
1. Date
2. Page 1 of Pages
R�CEIVED OF .G L-C� C. •�IZZl
4.
5. ZCH:E�'/ �''C- Dollars($6. CASH/NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or
(circle one) ---•
7. before the third business day after acceptance,in the trust account of listing broker but to be returned to Buyer if Purchase
8. Agreement is not accepted by Seller.Said earnest mone is part payment for the purchase of the property located at:
9. Street Add s:
10. City of County of 1 ✓>v State of Minnesota,
11. Legally described as: ry
12.
13. including the following property,if any,owned by Seller and used and located on said property:-9a#den-tatbe, plei►t& s, and
14. trees;storm sash,storm doors,screens and awnings; i ,
15.440wres-and'fflix;plumbing fixtures,water heater, heating plants (with any burners, tanks, stokers and other equi used in
16. connection therewith), built-in air conditioning equipment, electronic air filter, water softener OWNED/ RENTED ON-,)built-in
(circle one)
17. humidifier and dehumidifier,liquid gas tank and controls(if the property of Seller),sump pump;attached television antenna,cable TV
1& jacks and wiring;BUILT-INS:dishwashers,garbage disposals,trash compactors,ovens,cook top stoves,microwave ovens,hood fans,
19. intercoms;ATTACHED:carpeting;mirrors; garage door openers and all controls; smoke detectors;-*repldee-9w@9", doors an_d
20. heatilators;AND:the following personal property:
21.
22. 11 / n
23. all f which property eller h this day-agreed pl$ell to Buyer of, $ '910 6 it d )
24. ^'i L I/lLC Q�1' Dollars,
25. which Buyer agrees to pay in the following manner:Earnest money of$ S CUD Q
26. ands /O 0 c ash cash on ® �.Z Q the date of closing,and
7. the balance of$
Conventional FHA VA Assumption Contract for Deed Purchase Money Mortgage Other:
----- -- (circle all that apply)
29. This Purchase Agreement IS/ bject to a Contingency Addendum for sale of Buyer's property.(If answer is IS,see attached addendum.)
•--(circle -
30. This Purchase Agreement IS J S subject to cancellation of a previously writteLecliLnes
ase Agreement dated
-(ci o
31. Buyer has been made aware of the availability of grope inspections.Buyer elects/ to have a property inspection performed at
=(circ
32. Buyer's expense. This Purchase Agreement IS/ subject to an Inspection Adoendum.(if answer is IS, see attached addendum.)
-(circ
33. DEED/MARKETABLE TITLE:Upon performance by Buyer,Seller shall deliver a Warranty Deed
34. joined in by spouse,if any,conveying marketable title,subject to:
35. Building and zoning laws,ordinances,state and federal regulations;(B)Restrictions relating to use or improvement of the property
36. Without effective forfeiture provisions; (C)Reservation of any mineral rights by the State of Minnesota; (D)Utility and drainage
37. easements which do not interfere with existing improvements; (E)Rights of tenants as follows (unless specified, not subject to
38. tenancies):
39. (F)Others(Must be specified in wri
40. BUYER SHALL PAY fSELLER SHALL PAY date of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special
-....-----•-•(circle one).- -- --
41. Assessments,payment of which is required as a result of the closing of this sal
42. BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING I LLER SHALL PAY �DATE OF CLOSING a(circle ones ------43. of special assessments certifi d for amen,with the real
estate taxes due and payable In the-yea .
44. BUYER SHALL ASSUME ELLER SHALL PAY o date of It
all other special assessments levied as of the date of this Agreement.
---•---(circle one - -
45. BUYER SHALL ASSUME / LLER SHALL PROVIDE FOR PAYMENT O ecial assessments pending as of the date of this Agreement
--- -•-------- -(circle one)-
46. for improvements that have be b the City Coun ' ssing authorities.(Seller's provision for payment shall be by
47. payment into escrow of two(2)times the estimated amount of the assessments,or less as required by Buyer's lender.)
48. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of which is not otherwise
49. herein provided.
50. As of the date of this Agreement,Seller represents that Seller HAS HAA S NOT eived a notice of hearing for a new public improvement
_(cir ne
51. project from any governmental assessing authority,the costs of whic protect may be assessed against the property. Any such notice
52. received by Seller after the date of this Agreement and before closing will be provided to Buyer immediately. If notice of a pending
53. special sse ment is issued after the date of this Agreement and on or before the date of closing, Buyer shall assume payment of
54. ALL/ ON OTHER: of any such special assessments,and Seller shall provide for payment on date of
.__..
closin ALL NONE/OTHER: of any such special assessments.Lf such special assessments
(circle one)--• /1
or escrow amounts for said special assessments as required by Buyer's lender shall exceed$ then either
party may agree in writing on or before the date of closing to assume,pay or provide for the payment of such excess.In the absence of
58. such agreement,either party may declare this Purchase Agreement null and void;the parties shall immediately sign a cancellation of
59. Purchase Agreeme t and me mone aid hereund r shall be refunded to Buyer.
(9/98) �' //q
l�tr KC r `�C ���/
Itt�//YIHZC
Associates Plus,Inc.
PURCHASE AG EE ENT
115. Address 2<d J
116. Page 3 Date
117. Buyer shall pa)(„PRORATED FROM DAY OF CLOSIN -12THS,ALL,NONE real estate taxes due and payable in the year
�,� ne
118. 1� ller shall pa PRORATED TO DAY OF CLOSING, 12THS,ALL,NONE real estate taxes due and payable in the year 12 If the
119. Closing date is change real estate t es d shall,if prorated,be adjusted to the new closing date.Seller warrants taxes due and
120. payable in the year will FU ART-NON-homestead classification.If part or non-homestead classification is circled,
(circle one)-
121. Seller agrees to pay Buyer at closing S
122. toward the non-homestead real estate taxes. Buyer agrees.to pay any remaining balance of non-homestead.taxes when they become
123. due and payable.Buyer shall pay real estate taxes due and payable in the year following closing and thereafter,the payment of which is
124. not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes.
125. POSSESSION:Seller shall deliver possession of the property not later than & �/l/�1� after closing.
126. All interest, homeowner association dues, rents,fuel oil, liquid petroleum gas and all charges for city water,city sewer,electricity,and
127. natural gas shall be prorated between the parties as of date of closing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL
128. PROPERTY NOT INCLUDED HEREIN from the property by possession date.
129. ENVIRONMENTAL CONCERNS: To the best of the Seller's knowledge there are no hazardous substances, or underground storage
130. tanks,except herein noted:
131.
132. SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWEXYES O NO / CITY WATE YES C NO
133. SELLERIBUYER AGREES TO PROVIDE WATER QUALITY TEST RESULTS IF REQUIRED BY GOVERNING AUTHORITY AND/OR LENDER.
"'-(circle one)-
134. SELLER/BUYER AGREES TO PROVIDE,IF REQUIRED BY THE TERMS OF THIS PURCHASE AGREEMENT OR BY GOVERNING
(circle one)- -
135. AUTHORITY AND/OR LENDER,A LICENSED INSPECTOR'S SEPTIC SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF
136. THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS. NOTICE: A VALID CERTIFICATE OF COMPLIANCE FOR THE
137. SYSTEM MAY SATISFY THIS OBLIGATION. NOTHING IN LINES 134 TO 138 SHALL OBLIGATE SELLER TO UPGRADE,REPAIR
138. OR REPLACE THE SEPTIC SYSTEM UNLESS' OTHERWISE AGREED TO IN THIS PURCHASE AGREEMENT.
139. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT OR A STATEMENT THAT NO WELL EXISTS ON THE
140. PROPERTY,AND A SEPTIC SYSTEM DISCLOSURE STATEMENT OR A STATEMENT THAT NO SEPTIC SYSTEM EXISTS ON OR
141. SERVES THE PROPERTY,AS REQUIRED BY MINNESOTA STATUTES.
142. ARRANTS THAT CENTRAL AIR CONDITIONING,HEATING,PLUMBING AND WIRING SYSTEMS USED DON
143. SAID PRO ILL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS NOT HIS AGREEMENT.
144. BUYER HAS THE RIG A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO G TO ESTABLISH THAT THE
145. PROPERTY IS IN SUBSTANTI Y THE SAME CONDITION AS OF THE DATE OF ASE AGREEMENT.SELLER AGREES '
146. TO NOTIFY BUYER IMMEDIATELY RITING OF ANY SUBSTANTIVE GES FROM ANY PRIOR REPRESENTATIONS
147. REGARDING THE PHYSICAL CONDITION HE PROPERTY.
148. BUYER ACKNOWLEDGES THAT NO ORAL REPR TIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS OF
149. WATER IN BASEMENT,OR DAMAGE CAUS ATER E BUILD-UP ON ROOF OF THE PROPERTY AND BUYER RELIES
150. SOLELY IN THAT REGARD ON THE WING STATEMENT B. SELLE\
151. SELLER HAS/HAS N A WET BASEMENT AND HAS/HAS NOT HAD ROO LL OR CEILING DAMAGE CAUSED BY WATER
--(circle )___ -_(circle one)-
152. OR ICE D-UP.BUYER HAS/HAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSUR TEMENT.
-- (circle one)
153. BUYER HAS RECEIVED THE INSPECTION REPORTS,IF REQUIRED BY MUNICIPALITY.
154. NOTICE
155 / Seller's en Buyer's Agent/Dual Agent/Non-Agent
19censee) -- -- -(circle one) ---
156. RE/MAX Associates Plus,Inc.
ompany)
157. Sellers AgenUB yer's Agent/Dual Agent/Non-Agent
(Lice Kee) - --(circle one)- _
158 RE/MAX Associates Plus,Inc.
(Company)
159. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.
160. D��ENCY REPRESENTATION
161. DUAL A ENCY REPRESENTATION DOES/ SNOT PLY IN THIS TRANSACTION.
--(arcie
162. Broker represe oth the Seller(s) and the Buyer(s) of the property involved in this trans n, which creates a dual agency. This
163. means that Broker an salespersons owe fiduciary duties to both Seller(s)and B s). Because the parties may have conflicting
164. interests,Broker and its sales ns are prohibited from advocating exclusively Ither party.Broker cannot act as a dual agent in this
165. transaction without the consent of bot er(s)and Buyer(s).Seller(s)an er(s)acknowledge that:
166. (1) confidential information communicate roker which re price,terms,or motivation to buy or sell will remain confidential
167. unless Seller(s)or Buyer(s)instructs Broker in i i o disclose this information.Other information will be shared;
168. (2) Broker and its salespersons will not re pr the inter either party to the detriment of the other;and '
169. (3) within the limits of dual agency,B r and its salespersons wil iligently to facilitate the mechanics of the sale.
170. With knowle and unde Ing of the explanation above, Seller(s) u er(s) authorize and instruct Broker and its
171. sa persons t s of en this transaction.
172.
Seller / Buyer
173.
Sellers�� Buyer
174. O/ �
Date Date
' PURCHASE AGREEMENT
BLANK
Associates Plus,Inc. This form approved by the Minnesota Association of
REALTORV:Minnesota Association of REALTORS®
i
disclaims any liability 9 oui ofyCa or misuse of this form.
1. Date
2. Page of Pages
i
a Addendum to Purchase Agreement between part.ies dated �y �/ 19-pertaining to the purchase
4. and sale of the property at D G� '7 - � � �/l� Z• �CJ
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5.
6.
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8. r i r 9
9.
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3s. E i 9
PM) (BUY" (oft)
36 x 8�/1
(_O (DM) (tom �..I
37. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND sal :R&
38. MNAPA(5811) IF YOU DESIRE LEGAL OR TAX ADVIG:E.CONSULT AN APPROPRIATE PROFESSIONAL_ sQ
F/Al� ARBITRATION DISCLOSURE AND RESIDENTIAL
REAL PROPERTY ARBITRATION AGREEMENT
This form is approved by the Minnesota Association of
Associates Plus,Inc. REALTORS®,which disclaims any liability arising out of use or
misuse of this form.
ARBITRATION DISCLOSURE
You have the right to choose whether to have any disputes about the physical condition of the property that you are
Ing or selling decided by binding arbitration or by a court of law. By agreeing to binding arbitration you give up your right
to go to;court. By signing the RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT("ARBITRATION
AGREEMENT')below,you agree to binding arbitration under the Residential Real Property Arbitration System('Arbitration
Systerntad ministered by the American Arbitration Association(AAA)and endorsed by the Minnesota Association of
REALTORS®(MAR). The ARBITRATION AGREEMENT is enforceable only if it is signed by all buyers,sellers,listing and
selling brokers/agents. The ARBITRATION AGREEMENT is not part of the purchase agreement. Your purchase agreement f
will still be valid whether or not you sign the ARBITRATION AGREEMENT.
The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It is not
government sponsored. The AAA and the MAR jointly adopt the rules that govern the Arbitration System. The AAA and the
MAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of the AAA.
All disputes about or relating to the physical condition of the property are subject to arbitration under the ARBITRATION
AGREEMENT. This includes claims of fraud,misrepresentation,warranty and negligence. Nothing in this Agreement limits
other rights you may have under Minnesota Statutes 327A(statutory new home warranties)or under private contracts for
warranty coverage. An agreement to arbitrate does not prevent a party from contacting the Minnesota Department of
Commerce,the state agency that regulates the real estate profession,about licensee compliance with state law.
The administrative fee for the Arbitration System varies depending on the amount of the claim,but it is more than initial
court filing fees. In some cases,conciliation court is cheaper than arbitration. The maximum claim allowed in conciliation court
is$7,500. This amount is subject to future change. In some cases,it is quicker and less expensive to arbitrate disputes than to
go to court,but the time to file your claim and pre-hearing discovery rights are limited. The right to appeal an arbitrator's award
is very limited compared to the right to appeal a court decision.
A request for arbitration must be filed within 18 months of the date of the closing on the property or else the
claim cannot be pursued.
A party who wants to arbitrate a dispute files a Demand,along with the appropriate administrative fee,with the AAA.
The AAA notifies the other party,who may file a response. The AAA works with the parties to select and appoint an arbitrator to
hear and decide the dispute. A three-arbitrator panel will be appointed instead of a single arbitrator at the request of any party.
The party requesting a panel must pay an additional fee. Arbitrators have backgrounds in law,real estate,architecture,
engineering,construction or other related fields.
Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days in
advance. A party may be represented by a lawyer at the hearing if he or she gives 5 days advance notice to the other party and
to the AAA. Each party may present evidence,including documents or testimony by witnesses. The arbitrator must make any
award promptly. The award must be in writing and may require any remedy the arbitrator considers just and equitable that is
w' in the scope of the parties'agreement. The arbitrator does not have to make findings of fact that explain the reason for
ng or denying an award. The arbitrator may require the party who does not prevail to pay the administrative fee.
W This Arbitration Disclosure provides only a general description of the Arbitration System and a general s
rview of the Arbitration System rules. If you have any questions about arbitration,call the AAA at(612)332-6545 or
consult a lawyer. Copies of the Arbitration System rules are available from the AAA or your REALTOR&
THIS IS AN OPTIONAL,VOLUNTARY AGREEMENT. READ THE ARBITRATION DISCLOSURE ABOVE IN FULL BEFORE
SIGNING.
�R SID�NTIAL ;QL„�F P ARBITAAAj1DNAGREEMENT
For the pro y to ted t: ((JJ �L//fj /���
City Of County of 64&9L i State of Minnesota.
Any dispute between the und/ersignj pa ie r ny of them,about or relating to the physical condition of the property covered
by the purchase agreement dated including claims of fraud,misrepresentation,warranty and negligence,shall
be settled by binding arbitration. The American Arbitration Association shall be the arbitration service provider. The rules,then
in effect,adopted by the American Arbitration Association and the Minnesota Association of REALTORS®shall govern the
proceeding(s). This agreement shall survive the delivery of the deed or contract for deed in the purchase agreement. This
agreement is only enforceable if all parties to the purchase agreement and brokers/agents have agreed to arbitrate as
acknowledged by signatures below.
(Sell Signa e) (Date) (Buyer's Signature) (Date)
L)6.E.✓E Lb 1,0/4
(Seller's Printed Name) (Buyer's Printed Name)
9"- (q t g�l Aft
(Seller's Signature) (Date) (Buyer's Signature) (Date)
S'-LS A t C.o CICL
(Se s Printed ame) (Buy s Printed me)
roker/A a Date S Ih Brer/oi:;2� � ��kL / ./
(Comps y Name) (Company Name)
THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT
MN:ADRAA(9/97) BETWEEN BUYERS,SELLERS AND BROKERS/AGENTS. IF YOU DESIRE LEGAL ADVICE CONSULT A LAWYER.
RF/MW
Associates Plus,Inc. BUYER PURCHASING
"AS IS" ADDENDUM
This form approved by the Minnesota Association of
REALTORS',which disclaims any liability
arisin`�out of usf Or s`�`�DI this form.
1. Date O �/ — 7 I
2. Page of Pages
,• I
G
3. Adde..ndum to Purchase Agreement between parties dated
D �� ,�19�pertaining to the purchase
4. and sale of the property t a 1%
%,L�/`J
5.
r. 129
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6. CONDITION OF PROPERTY.The property being purchased by Buyer,including the dwelling,other improvements,fixtures,
7 appliances and personal property, is not new, and is being purchased "AS IS."
8. RIGHT AND DUTY OF INSPECTION:Buyer shall have the right and duty to inspect the property or to have them inspected
9. by a person of Buyer's choice, at Buyer's expense. Buyer shall have the right to make a pre-closing inspection of the
10. property, to determine that the property is in the same condition as of the date of this addendum.
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11. SETTLEMENT IS FINAL: It is understood the Buyer accepts the property"AS IS"ANY WARRANTIES OF PHYSICAL
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12. CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT ARE VOID.The Seller has no further
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13. responsibility or liability with respect to the condition of the property.This provision shall survive delivery of the deed or
14. contract for deed.
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15. OTHER:
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16.
ls.&WI IDaml (Buw) IDwI
17. °► '
Isarn _ (ow) (Buyer) fowl
18. TMIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
19. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. -
/M W Addendum to Purchase Agreement
Associates Plus,Inc. Disclosure of Information on Lead-Based Paint
and Lead-Based Paint Hazards
This form is approved by the Minnesota Association of
RealtorsID,which disclaims any liability arising out of use
or misusep
Date r m.
. Page of
Addendunfio Purchase Agreement between rtics ated 19 pertaini g to the purchase and sale of the property at
Section I: Lead Warning Statement
Every purchaser of anv interest in residential real property an which a residential dwelling was built prior to 1978 is notified that such
property mov present exposure to lend front lead-based point that may place voung children at risk of developing lead poisoning. Lead
poisoning in voung children mrav produce permanent neurological damage. including learning disabilities, reduced intelligence quotient.
behavioral problems, and impaired mentorv. Lend poisoning also poses a particular risk to pregnant women. The seller of anv interest in
residential real property is required to provide the but•er with ant• information on lead-based point hazards from risk assessments or
inspections in the seller's possession and notify the buver of orry known lend-hosed point hazards. .a risk assessment or inspection for
possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure(initial)
-�-(a) Presence of Icad-based paint and/or Iead-bascd paint lwa irds(check one Wow):
FV' Known lead-bascd paint and/or]cad-bascd paint himrds are present in the housing(eNplain).
Lin
Seller has no knotwledge of Icad-bascd paint and/or Icad-bascd paint hazards in the housing.
(b) Records and reports available to the seller(check one bolo%%):
-I Seller has provided the purchaser ttith all mailable records and reports pertaining to Icad-based paint and/or lead-based
�' r--,/LJ paint hazards in tlic housing(list documents belott').
C�l'� 19 Seller has no reports or records pertaining to Icad-based paint and/or Icad-bascd paint hazards in the housing.
Purchaser's Acknowledgment(initial)
(c) Purchaser has received copies of all information listed under(b)above.
(d) Purchaser has received the pamphlet Protect Your Familyli-om Lend in Your Hoare.
(e) Purchaser has(check one below): s
❑ Received a 10-day opportunity(or mutuall agreed upon period)to conduct a risk assessment or inspection for the presence
of lead-bascd paint and/or Icad-bascd paint hazards(If checked.sec Section 11 below):or
Waived the opportunitw to conduct a risk asscssmcnt or inspection for the presence of Icad-bascd paint and/or lead-based
paint hazards.
R I tate Licensee's Acknowledgment(initial)
.-.(1) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C.4552(d)and is aware of licensee's
responsibility to ensure compliance.
Certification of Accuracy
The following parties have r vicocd the information above and ccrtifv.to the best of their kno%%lcdgc.that the information provided by the
sip n is tru n occur, e.
y ��
Seller Date Purchaser Date
Sell Date P , r Date
- RcatYstateLiccnsce Datc I Estate Licensee Date
Section i1: Contingency (lninol only i1 first bar tinder Purc•huser'.c Acknowledgment letter(e)above is checked.)
This contract is contiqcnt upon a risk assessment or an inspection of the property for the prose of Icad-based paint
and/or Icad-bascd painthaz4irds to be conducted at the purchaser's e.xpense. The asst ent or inspection shall be
completed within ten(10)/ Iendar days after acceptance of the Pu;dI ase At;r nt. This contingent}'shall be
-(circ)e over- -
deemed removed. and the Purchase Agree a shall be ill full for el Tec,. unless purchaser or real estate licensee
assisting or acting on behalf of purchaser dcliv to seller cal estate licensee assisting or acting on behalf of seller
within three (+) calendar days after the assessor inspection is timely completed a written list of the specific
deficiencies and the corrections required.to r tcith a co of anv risk assessment or inspection report. If the seller and
purchaser have not agreed in writin in three(3)calendar after delivery of the%written list of required corrections
that: (A) sonic or all of the uired corrections twill be made: or the purchaser waives the deficiencies: or (C) an
adjustment to the pur price will be made, the Purchase Agreement s I automaticall be deemed null and void,and
all earnest mono s all be refunded to the purchaser. it is understood that the p chaser may unilaterally waive deficiencies
or defects,or remove this contingency,providing that the purchaser or the real est, licensee assisting or acting on behalf
of purchaser notifies the seller or real estate licensee assisting or acting on behalf of seller of the waiver or removal in
writing within the time specified.
TLX SALF.19/96
R FOMW
iAssociates Plus,Inc.
PURCHASE AGREEMENT �J c.
175. AddressU ��C� p //.[�
176. Page 4 Date 15r -��` 9 7 '
177. 1 ACI(NOWLEDGE THAT I HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE AND
! 178. RESIDENTIAL RE PROP AR ITRATION AGREEMENT.
179. SELLER(S) BUYER(S)
180. SELLERS) BUYERS)
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181. OTHER
182. 1/i_2_ L
184.
185.
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186. Attached are other addenda which are made a part of this Purchase Agreement.(Enter total number of pages of this Purchase
187. Agreement,including addenda,on line 2 of page.l.)
188.1,the owner of the property,accept this Agreement and I agree to purchase the property for the price and in accordance
189.authorize the listing broker to withdraw said property from with the terms and conditions set forth above.
190.the market,unless instructed otherwise in writing. I have reviewed all pages of this Purchase Agreement.
191.1 have reviewed all pages of this Purchase Agreement.
192.X �/ X
(Seller' Signa ) (Date) (Buyer's Signature) (Date)
/ p
193. X 6UG &J� l� L6' 1.6,4 X
(Seller's Printed Name) (Buyer's Printed Name)
194. x '-1-1 I -7 y -��a 3 /LA X
i (Social Security Number-optional) (Martial Status) (Social Security Number-optional) (Martial Status)
I i
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X
195. X !>� �_ /2c� 1/!) 1
.I (Sellers Signature) (Date) (Buyer's Signature) (Date)
196. X �ILSPt� �- Crdrk X
(Seller's Printed Name) (Buyer's Printed Name)
97. X `� l �C�1(o M x
(Social Security Number-optional) (Martial Status) (Social Security Number-optional) (Martial Status)
' 198. FINAL ACCEPTANCE DATE
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199. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
200. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
(9/98)
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