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HomeMy WebLinkAboutCC PACKET 01092001 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioosao Box: 17 Folder. CC PACKETS 1999-2001 Document: CC PACKET 01092001 M a H.R.A. IMMEDIATELY FOLLOWING _ REGULAR COUNCIL MEETING. CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING AGENDA JANUARY 9, 2001 7:00 PM PAGE(S) I. CALL TO ORDER. II. PLEDGE OF ALLEGIANCE. III. ROLL CALL. IV. APPROVAL OF JANUARY 9, 2001 CITY COUNCIL REGULAR MEETING AGENDA. V. PROCLAMATIONS AND RECOGNITIONS. A. Presentation of Appreciation Plaque to Doug Bergstrom. • VI. COMMUNITY FORUM. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. VII. CONSENT AGENDA. ........................................................................ 1 - 51 These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. VIII. PUBLIC HEARINGS. A. Resolution 01-01 9, re: Vacating a portion of Anthony Lane (Accurate Wire) ..................................................................... 52 - 65 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. A. Resolution 01-016, re: Call hearing on 2001 Street and Utility Improvements (WSB, Inc.) ............................................. 66 • City Council Regular Meeting Agenda January 9, 2001 • Page 2 PAGE(S) B.. Resolution 01-017, re: Declare cost to be assessed for 2001 Street and Utility Improvements (WSB, Inc.) ...................... 67 C. Resolution 01-018, re: Call hearing on proposed assessment for 2001 Street and Utility Improvements (WSB, Inc.) ................................................................................. 68 X. REPORTS FROM COMMISSIONS AND STAFF. A. Planning Commission - December 19, 2000 .............................. 69 - 81 1 . The following requests were made by TOLD Development Company for Walgreens ............................................... 82 - 120 a. Resolution 01-020, re: Rezone property. b. Resolution 01-021 , re: Combination of lots. • C. Resolution 01-022, re: Conditional use p ermit. d. Resolution 01-023, re: Sign variance. XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. MISCELLANEOUS INFORMATIONAL DOCUMENTS ARE ATTACHED. • VII. CONSENT AGENDA 1 . Truth in Taxation Continuation meeting minutes - December 20, 2000 City Council meeting minutes - December 20, 2000 2. Licenses/Permits 3. Claims 4. Housekeeping Resolutions 01-001 - 015 and 01- 024 1 CITY OF ST. ANTHONY • 2 TRUTH IN TAXATION CONTINUATION MEETING 3 December 20, 2000 4 8:00 p.m. 5 I. CALL TO ORDER. 6 Mayor Cavanaugh called the meeting to order at 8:00 p.m. 7 II. PLEDGE OF ALLEGIANCE. 8 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance. 9 III. ROLL CALL. 10 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and 11 Hodson 12 Councilmembers absent: None. 13 Also present: City Manager Michael Mornson 14 IV. APPROVAL OF DECEMBER 11, 2000 TRUTH IN TAXATION PUBLIC HEARING 15 MINUTES. 16 Motion by Hodson to approve the December 11, 2000 Truth in Taxation Public Hearing Minutes. 17 Motion carried unanimously. • 18 V. RESOLUTION 00-098, RE: ADOPTION OF 2001 TAX LEVY AND 2001 CITY 19 BUDGET. 20 Motion by Sparks to adopt Resolution 00-098, a Resolution Certifying the City of St. Anthony 21 2001 Tax Levy and Budget in Compliance with the Truth in Taxation Act, wherein it was 22 resolved that: 23 1) The 2001 Property tax levy is: 24 Property Tax Levy $2,112,768 25 Less: H.A.C.A. ( 349,293) 26 Total General Fund Levy: $1,763,475 27 28 Housing and Redevelopment Authority Levy $ 20,000 29 Less: H.A.C.A. 4,597) 30 Total Housing and Redevelopment Authority Levy $ 15,403 31 Special Assessment/Road Improvements $ 272,189 32 Total 2001 Tax Levy $2,051,067 • 33 2) The 2001 Total Operating Budget totals $7,138,175 Truth in Taxation Meeting Minutes December 20, 2000 • Page 2 1 VI. ADJOURNMENT. 2 Motion by Thuesen to adjourn the meeting at 8:04 p.m. 3 Motion carried unanimously. 4 Respectfully submitted, 5 Sue Selseth 6 TimeSaver Off Site Secretarial, Inc. 7 8 Mayor 9 ATTEST: 10 City Clerk I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 December 11, 2000 4 I. CALL TO ORDER. 5 Mayor Cavanaugh called the meeting to order at 8:05 p.m. 6 II. PLEDGE OF ALLEGIANCE. 7 Mayor Cavanaugh noted that the Council and audience had already participated in the Pledge of 8 Allegiance at the Truth in Taxation Hearing that immediately preceded the City Council meeting. 9 III. ROLL CALL. 10 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and 11 Hodson 12 Councilmembers absent: None. 13 Also present: City Manager Michael Mornson. 14 IV. APPROVAL OF DECEMBER 20, 2000 CITY COUNCIL REGULAR MEETING 15 AGENDA. 16 Motion by Hodson to approve the December 20, 2000 City Council Regular Meeting Agenda 17 with the following deletion: 4018 X. A. WSB, Inc.Update on 2001 Street Project. 19 Motion carried unanimously. 20 V. PROCLAMATIONS AND RECOGNITIONS. 21 None. 22 VI. COMMUNITY FORUM. 23 Mayor Cavanaugh invited any residents in the audience to speak to the Council on items that are 24 not on the regular agenda. Hearing no response, Cavanaugh moved forward with the agenda. 25 VII. CONSENT AGENDA. 26 Motion by Hodson to'approve the Consent Agenda as presented. Said Consent Agenda consisted 27 of: 28 1. City Council Meeting Minutes of December 11, 2000. 29 2. Licenses and Permits: and 30 3. Claims. 31 Motion carried unanimously. 032 VIII. PUBLIC HEARINGS. 33 None. City Council Regular Meeting Minutes December 20, 2000 • Page 2 1 IX. GENERAL POLICY BUSINESS OF THE COUNCIL. 2 A. Appoint Planning. Commissioners for 2001: 3 Mayor Cavanaugh reviewed for the audience that interviews for the three open Planning 4 Commission seats had taken place earlier in the evening. At this time, the Council intended to 5 vote on the top three candidates. 6 7 Motion by Hodson to appoint the following individuals to the Planning Commission: 8 Christopher Melsha 9 Brian Steeves 10 Lorin Hatch 11 Motion carried unanimously. 12 B. Appoint Parks Commissioners for 2001. 13 Mayor Cavanaugh stated that interviews for the three Parks Commissioner seats were also 14 conducted earlier in the evening. At this time, the Council intended to vote on the top three 15 .candidates. 1016 Motion by Sparks to appoint the following individuals to the Parks Commission: 17 George Wagner 18 Colleen Hallada 19 Jan Jenson 20 Motion carried unanimously. 21 C. Resolution 00-095 re: Establish Citizen's Committee for Improving the City 22 Hall/Community Center. 23 Sparks reviewed for the Council and the audience that she was invited by six residents of the 24 community to discuss possible improvements to the community center. During the meeting, 25 many suggestions.were made for ways to improve the appearance of the building. Sparks 26 directed the Council's attention to her memo of November 14, 2000 which outlined in further 27 detail the suggestions of the residents during the meeting. In short, however, it was noted that a 28 significant number of residents are disappointed with the building and its uses (the inside and the 29 outside). The main reason is the building does not appear to reflect the community's warmth and 30 energy. To accomplish improvements to the facility, the Council could establish a citizen's 31 committee to work with Staff towards achieving that goal. ® 32 Motion by Sparks to adopt Resolution 00-095, a Resolution Establishing a Citizens Committee 33 for Improving the City Hall/Community Center, wherein the City Council of the City of St. City Council Regular Meeting Minutes December 20, 2000 ® Page 3 1 Anthony hereby authorizes establishment of the Citizens Committee for Improving the City 2 Hall/Community Center., 3 Motion carried unanimously. 4 Various discussion ensued about organizing a task force to adopt some of the preliminary plans 5 and suggestions for the building. Sparks agreed to participate in the task force, and to work with 6 Staff to develop said task force. 7 Hodson suggested that some old photos of the community could be retrieved from the archives 8 and placed around the Community Center for a sense of history. 9 Cavanaugh noted that there has been a long standing policy with the City to invite residents to 10 bring in old photos, but there has never been a committee or task force organized to carry out the 11 project. 12 Hodson noted that it would be interesting to have a sense of history in the community center with 13 old photos of farmland and buildings within the community. Cavanaugh agreed and suggested 14 that this project could be.included in the agenda for the task force. 15 X. REPORTS FROM COMMISSIONS AND STAFF. 16 None. 17 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS_ 18 City Manager's report: 19 City Manager Michael Morrison reminded the Council of a previous handout regarding the 20 specific organizations that each Councilmember would be interested in being involved with for 21 the 2001 year. 22 Morrison noted the positions of Liaison for the Parks Commission and Planning Commission 23 were originally expected to be on a rotating basis. Ideally, he noted that the liaisons were . 24 anticipated to attend a minimum of one meeting per quarter. 25 Thuesen, as the Parks Commission Liaison for 2000, noted that he attended most of the meetings 26 for the Parks Commission. He felt that the Parks Commission was searching for a representative 27 to attend most or all of the meetings to provide insight and input from a City Councilmember's 28 prospective. •29 Horst noted that, as Planning Commission Liaison, the original intent he believed was to create a 30 link between the Planning Commission and the City Council. Additionally,the Liaison position 31 was intended primarily to be a passive participant. The Commission appreciated occasional City Council Regular Meeting Minutes December 20, 2000 Page 4 I updates from the Council liaison, and he would encourage the new Council liaison to the 2 Planning Commission to continue to be a strong figure to provide a link between the two . 3 organizations. 4 Horst and Cavanaugh agreed that attendance at meetings on a quarterly basis was sufficient, but 5 also a reporting standard should be set for the Liaison to the Commissions. 6 Thuesen agreed that it was important that a rotation basis be continued to allow others to be 7 Liaisons to the Commissions. 8 Randy Hodson agreed to be the 2001 Parks Commission Liaison, with Amy Sparks being an 9 alternate. 10 Mornson pointed the Council's attention to a Prosecuting Attorney Agreement that was included 1 I in the agenda packets. Apparently, there is a substantial increase of fees requested by the 12 Attorney's office, and Mornson had asked City Finance Director Roger Larson to review the 13 impact on the City's budget for the increase of fees. •14. Cavanaugh agreed that it.was a substantial increase in fees and he felt it was important to.have 15 Roger Larson review the significance of the fees in more detail. 16 Mornson further reported that the investment analysis will be started this week with Ehlers & 17 Associates and something would be forthcoming to the Council. 18 Regarding the Walgreens property, the Planning Commission has met and reviewed this issue, 19 and their decisions and recommendations will be forthcoming to the Council in January. 20 Mornson reported that City Staff held a meeting with the insurance company, Barbarosa 21 (contractors), City Manager, Public Works Director Jay Hartman, Todd Hubmer of WSB & 22 Associates, an attorney from Dorsey & Whitney, Mayor Cavanaugh, and the affected 23 homeowners.' The result of the meeting was, in part, that Staff will present the facts to Dorsey & 24 Whitney; and ask the contractor to reconsider decision not to provide funds to the homeowners. 25 that were affected by the claims. 26 Cavanaugh added that upon review of the problem in more detail, he was convinced that the 27 homeowners were not responsible for the flooding in their homes. The apparent cost of the 28 damage was estimated to be at $35,000. Cavanaugh felt that this issue was moving forward and 29 a satisfactory result would be forthcoming. 30 Sparks reported that the sound was a problem for some residents at the last council meeting. 31 Mornson responded that the problem was identified and corrected. 7 City Council Regular Meeting Minutes December 20, 2000 Page 5 1 Thuesen reported that he attended a recent School Board meeting, and that Senator Marty and 2 Representative McQuire were also.at the meeting. Unfunded mandates from the state, capital 3 improvement issues versus available fund were topics of discussion. Thuesen felt the Council 4 needs to remember that the City is a small enough community that there are issues that the City 5 is involved with that would or could impact the school board, and vice versa. He recommended 6 that the Councilmembers attend a school board meeting if possible to obtain information and 7 provide input. 8 Thuesen also reported that he took a field trip to the Wiseman Museum with his daughter. He 9 met a recent graduate from Bethel College who has a studio art degree, but she talked about her 10 art background and how she has been involved with Bethel College regarding painting murals. 1 l She will soon be painting murals in the Dominican Republic. Thuesen contacted a person at the 12 St. Anthony Shopping Center about donation of a wall to have a mural painted. He suggested 13 that the public could be invited to provide input, and at this point, was looking for some further 14 direction from the Council. 15 Hodson reported that he saw Santa Claus earlier in the evening, and that Mr. Claus has been 16 reported to be in the Village. 017 Horst did not have a report. 18 Cavanaugh noted that the City recently held the employee lunch and members of the Planning 19 and Parks Commission were present. 20 21 Additionally, Cavanaugh wished to remind the Village that there are members of the City Staff, 22 in particular the Fire and Police Departments, that will work on New Year's Eve to ensure that 23 the City is safe and protected. 24 On behalf of the City Council, Cavanaugh wished everyone a Merry Christmas and Happy New 25 Year. 26 XIL INFORMATION AND ANNOUNCEMENTS 27 None. 28 XIII. ADJOURNMENT. 29 Motion by Hodson to adjourn the meeting at 8:40 p.m. 30 Motion carried unanimously. 31 Respectfully submitted, City Council Regular Meeting Minutes December 20, 2000 Page 6 1 Sue Selseth 2 Timesaver Off Site Secretarial, Inc. 3 . 4 Mayor 5 ATTEST: 6 City Clerk Saint Anthony Village DATE: January 9, 2001 Approval: TO: Mayor and Councilmembers FROM: Judy Monson, License Clerk ITEM: Licenses and Permits for Approval: Heating License: Anderson Heating & Air Conditioning, Columbia Heights, MN . 10 *_BRC_F.INANCIAL-_SYSTEM _. .___ ----- --- -ST_ANT-HONY UJLLi 01/03/2001 15: Check: Register GL540R-VO6.27 PAGE -.. ._VENDOR -- - -- ---- --- ----------CHECK#---DATE AMOUNT.-- FIRS FIRSTAR ST. ANTHONY CHECKING - ------ -000020 -- AA BATTERY CO ----- ----- 13574 01/10/01. 67 .82 008242 AFFILIATED COMPUTER SERV 13575 01/10/01 8,407.89 _____008666. . - .ALLEGRO - ---- ------- ------ ---1357-6-01. 1-0.101- ---51_.50 008621 ALL.IANC:E MECHANICAL 13577 01/10/01 174.00 007338 AMERICAN EXPRESS 13578 01/10/01. 2,229.67 AMERICAN PAYMENT--CENTERS----------13579-U 1/x.0/_01-____-----.__-- 75.00-- 005201 AMERICAN STORES 13580 01/1.0/01. 20.96 008090 AMERICAN WATER WORKS ASS 13581 01/10/01 109.00 ___007201 _ . __. APACHE ..GROUP 13582_01/_1_0/-0.1-- X9-3---15 005175 ASSOC OF METRO MUNICIPAL 13583 C)1/10/01 2,689.00 008511 AT & T WIRELESS 13584 01/ 10/01. 55.58 X35.85 0.1_/_1.0/-0.1-_- 29-32 .00011 BERGSTROM/DOUG 13586 01/10/01. 28.60 .00001 BIG BOB 'S CARPET 13587 01/10/01 191 .70 __. 007253 BRAKE_ & EQUIPMENT._WAREHO_-. 13588__0-11101_0.1 --Jb-.36_- 000430 BRIGHTON AUTO ELECTRIC 13589 01/10/01 112.46 007386 CASTLE INSPECTION SF_RVIC 13590 01/10/01 1 ,890 .97 _ _000610 CATCO - CLUTCH _&.-TRANS __SVC___.__. - _1359_L_011__10/_.0.1-_.._- __29..75__- 004065 CENTRAL LOCK & SAFE CO 13592 01/10/01. 207.29 008644 CHAMPPS AMERICANA 13593 01/10/01 119.01 __000660 CITY_ OF--COLUMBIA HEIGHTS 1359_4_0L/s.O1.Oi_ --3.38--5_6 005234 CRYSTEEL TRUCK EQUIPMENT 13595 01/10/01 3,257.79 000800 DAVIES WATER EQUIP CO. 13596 01/10/01. 96.96 008164 DULZ/KIMBERLY -- -- ------ - ----- ---- 13597---C?1-/_1.0/-.01_.__- ---2.4.75_-_ 004130 ECOLAB 13598 01/10/01 1 ,737.80 008496 EVERGREEN LAND SERVICES 13599 01/10/01 7,016.45 00807.7 FLEX COMPENSATION INC_.__-.___- --13600_01/_1.0/O..i-__ -- I°>0_•Q9- 008647 F•RATTALLONE 'S HARDWARE 13601 01/10/01 46.71. .00001 FREEDOM VAL'.) CENTER 13602 01/10/01 60.00 1-3603-011_10/_01 535-b3-_ _ .00002 GE CAPITAL_ MODULAR SPACE 13604 01/10/01. 713.92 001165 GOODALL RUBBER CO 13605 01/10/01 9.05 --.00856.7---.-----GREENER ._PAST.URF_S- _ 1.3606-0_i/_L0/4J -247 44 007188 H & L MESABI INC 13607 01/10/01 447.44 .00003 HAR-MAR LOCK & SVC CTR. 13608 01/10/01 26.20 - Tc> 005121 HARTMAN/JAY 13610 01 /10/01. 133.51 001420 HAWKINS WATER TREATMENT' 13611 01/10/01 337.92 0108443_-------HELLICKSON./_RAYMONU�•.--------1.36.1P�11_j.OLO�. _-iQq--80- 008365 HENNEPIN COUNTY TREASURE 13613 01/10/01 356. 1 , 40.45 008709 HENRY/SUSAN 13614 01/10/01. 008699_.--__HEWITT/JOEL------- ------------- 001523 HIGGINS INSURANCE AGENCY 13616 01/10/01 1 ,670.98 008206 HJERPE/JACQUELINE 13617 01/10/01 27.00 OB252______HOME__DEP_O.T_-GEC.F -_-1361.8 L.L/__0L0J -�7_0_ _ 001545 HOOVER WHEEL ALIGNMENT 13619 01/10%01 34.45 _ .00002 ICMA MEMBERSHIP RENEWALS 13620 01/10/01. 916.32 008658._-_INST RU MENTAL__RESEARCH,_.I _ 136215?_11-1.OL01 _ 63-gyp- -.--BRC_FINANCIAL--SYSTEM----.- - - ...-----. ---- - - -ST-.-_ANTHOt Y-V.ILL 01/03/2001 15: Check Register GL540R-VO6.27 PAGE --VENDOR .._. .._-.-- .--- -- CHECK#-DATE AMOUNT-_ FIRS F.IRSTAR ST. ANTHONY CHECKING 008607 INTL ASSOC OF CHIEFS OF 13.622 01/10/01. 200.00 .00004 JACKSON/KATHY 13623 01/10/01 19.52 _______ __-.00074.2_.- KROEPLIN/CONNIE__------- x.362_4-0141-0401 31. 25 007143 LARSON/ROGER A 13625 01/10/01 24.75 .00006 LEAGUE OF MN CITIES 13626 01/10/01 150 .00 ..00005_----LEET/JON & DEBRA . .-..--- ----- --- _ .13627_0.1./_10./-01_- ____50_._0.0 007225 LEROY SIGNS 13628 01/10/01 5,429.00 00204.0 L.ILL.IE SUBURBAN NEWSPAPE 13629 01/10/01 220.25 ._LMCIT. - .% ._BERKLEY-..RISK_SE-_.-_____.13630-_01J-10/_0J.- 7.6.-.00 008390 LUBRICATION TECHNOLOGIES 13631 01/10/01 9,298.27 008425 M A L E F I 13632 01/10/01. 40. 00 0000-7___M.A.U.M.A..-----. __ -_i3633�_iL101_01 - 8-00x- 002100 MACQUEEN EQUIPMENT CO 13634 01/10/01 145.37 008700 MCINTYRE PUBLICATIONS 13635 01/10/01 330.00 _.008263_-____MCLEOD USA, INC.. __ _TEC- -_13636 0111D1s}_] 1i--OII- 008392 MERCURY WASTE SOLUTIONS, 13637 01/10/01 6.64 002240 METROPOLITAN COUNCIL 13638 01/10/01 33,287 .80 008423 _. _..MIhIPIESOTA.__C:HIEF__OF.P_OLIC--_ _1.3.639_CZ_LL1.OL9L. -_.225-.5?SZ- .00010 MINNESOTA NAHRO 13640 01/10/01 20.00 008280 MINNESOTA, STATE TREASURE 13641 01/10/01 . 469.30 002360___.___MN. CONWAY.__FIRE.__c�_SAF_E_TY_ _136_42_01_%10_LQ] 302.5Z_ 008198 MORI�ISOnI/MICHAEL 13643 01/10/01 31 .00 .00004 NORDIC INSULATION, INC 13644 01/10/0]. 495.00 _ _008350 NORTHERN .TOOL_&_EQUIPMEN __.___..-_-13645_ 0.1/._.1.0_/_01_.__ --��'7-�0-i---- 008601 NORTHSTAR CHAPTER 13646 01/ 10/01. 50.00 000045 OFFICE DEPOT 13647 01/10/01 22.08 008086 _._ _.OFFICEMAX .00006 ON SITE SANITATION 13649 01/10/01 173.85 .00005 ONYX ENVIRONMENTAL SVCS 13650 01/10/01 883.28 ___P_ARTS__PLUS_ RQSEY_ILLE_ 1.3651 21./1SJ/01 47.85._ 008594 PETER-- LU NORTH 13652 01/10/01 200.25 008274 PITNEY BOWES 13653 01/10/01 14.8.46 _ 002880 PITNEY BOWES__TNC_ 13654 01/10/0]. 53. 10 008271 PLETSCHER 'S GREENHOUSE I 13655 01/10/01 96. 14 007057 PRAXAIR 13656 01/10/01 -21 .09 004492_--_,_-GWEST_.= _- 13657 01/10/01 63.56 008463 R DAVID PHOTOGAPHY 13658 01/10/03. 83.07 .00003 RALPH REEDER CENTER 13659 01/10/01 105.00 _007_376 RDD._FINANCIAL SERVICES C_ 13660 01/10101. 17 -74 _ 008082 RED WING SERVICE CO 13661 01/10/01 293.94 _ 008401 RICHrARD KNUTSON, INC . 13662 01/10/03. 34,233.41 _ _003100 _ROSEDALE CHEVROLET 13663 01/10/01 96.31 003350 SEH-RCM 13664 01/10/01. 2,584.37 008346 SIMON/SANDY 13665 01/10/01 24.75 _ 008214_ _SNYDER DRUG-_------ _ -_-_13666 01/10/O 1__. 12.72 .00008 SPENNY/DANIEL 13667 0.1/10/01 50.00 005306 SPRINGSTED, INC . 13668 01/].O/0]. 6, 116.58 008351 STON_EBROOKE_EQUIPMENT IN 12669 01/10/01 . 12 BRC.-FINANCIAL_.SYSTEM-__________------ ST-.-ANTHOW"-ILL 01/03/2001 15: Check, Register GL540R-V06.27 PAGE ------BANK--- _---VENDOR --------------- -CHECK#—_..DATE AeiauNl-_ FIRS FIRSTAR ST. ANTHONY CHECKING .00007 STS CONSULTANTS LTD. 1367001/ 10/01 3,235.00 007181 SUBURBAN PROPANE 13671 01/10/01 21 . 11 --007.337--_-_-TIMESAVER_-OFF._SITE_SEC.RE— 7 36.7-2-01J-10-/_O i _ 594--25 003560 TRACY PRINTING 13673 01/10/01 286.39 _ 003710 VAN 0 LITE INC 13674 01/10/03. 540.38 ___ __._00009_.____ VIDEO UPDATE -_-.-- -_---.----.--- 13675-_0.-/-l-0LQ1 4.69-46- 005298 WARNING LITES OF MN 13676 01/10/01. 657.37 004494 WASTE MANAGEMENT - BLAIN 13677 01/10/01 260.77 -008273 WSB. & -ASSOCIATES,--INC .__ 13678-0-1J-1 002680 XCEL ENERGY 13679 01/10/01 8,120.43 _._ __FIRSTAR_-ST-.-ANTHONY-CHECKING _--_-_ ZQ3.,_346_.1s _13 F RC FINANCIAL_ SYSTEM� ST. ANTHONY V I L.L-F •' 2/29/2000 15: Check Register GL540R--VO6.27 PAGE BANK VENDOR CHF_.CK# DATE AMOUNT LIAR LIQUOR. CHECKING ACCOUNT 004250 LUNDGREN/MATTHEW H. 16726 12/31/00 150.00 000670 CITY COUNTY CREDIT UNION 16728 1031%00 539.00 000055 AETNA LIFE & CASUALTY 1679 12/31/00 143 .52 004208 I C M A RETIREMENT TRUS 16730 12/31/00 360.00 008313 MN CHILD SUPPORT PYMT CE 16731 1.2/31/00 501 .69 004380 PUBLIC EMPLOYEE RETIREME 16732 12/31/00 1 ,922.05 __ 004318 NAT FINANCIAL INS CO 16733 12/31/00 9 .50 004233 LMCIT % BERKLEY RISK SE 16734 12/31/00 195.66 003160 FIRSTAR ST ANTHONY BANK 16735 12/31/00 12,398.95 003160 FIRSTAR ST ANTHONY BANK 16736 12/31/00 10,000 .00 003160 FIRSTAR ST ANTHONY BAND: 16737 12/31/00 15,000 .00 008716 SCENE/THE 16738 12/31/00 130.00 004401 ST.A.LIQUOR #1 PC 16739 12/31/00 198 .94 004250 LUNDGREN/MATTHEW H. 16740 12/31/00 150.00 000710 PRUDENTIAL_ LIFE INSURANC 16741 12/31/0() 74.50 __ _ 003160 FIRSTAR ST ANTHONY BANK 16742 12/31/00 81000.00 003160 FIRSTAR ST ANTHONY BANK 16743 12/31/00 15,000 .00 008716 SCENE/THE 16744 12/31/00 130.00 _ 004250 LUNDGREN/MATTHEW H. 16745 12/31/0() 150.00 003160 FIRSTAR ST ANTHONY BANK 16746 12/31/00 13,302.39 • 000670 CITY COUNTY CREDIT UNION 16747 12/31/00 539. 00__ 000055 AETNA LIFE Q CASUALTY 16748 12/31/00 143.52 004208 I C M A RETIREMENT TRUS 16749 1.2/31/00 360 .00 008313 MN CHILD SUPPORT PYMT CE 16750 12/31/00 501 .69 002850 MF_DICA CHOICE 16751 12/31/00 5,074 .55 -- 004380 PUBLIC EMPLOYEE RETIREME 16752 12/31/00 2,040.61 008289 NCPERS LIFE INSURANCE 16753 12/31/00 24 .00 000710 PRUDENTIAL LIFE INSURANC 16754 12/31/00 74.50 003160 FIRSTAR ST ANTHONY BANK 16755 12/31/00 10,000 .00 003160 FIRSTAR ST ANTHONY BANK 16756 12/31/00 15,000.00 _ 008716 SCENE/THE 16757 1.2/31/00 13b.-oo 004250 LUNDGREN/MATTHEW H. 16758 12/31/00 150.00 008609 FIRSTAR BANK CORPORATE T 16759 12/31/00 23,493.75 008609 FIRSTAR BANK CORPORATE T 16760 1.2/31/00 50,000.00 003160 . FIRSTAR ST ANTHONY BANK 16761 12/31/0() 10,000.00 003160 FIRSTAR. ST ANTHONY BANK 16762 42/31/00 15,000.00 008716 SCENE/THE 16763 1.20 /00 -- --- - 130.00 004250 LUNDGREN/MATTHEW H. 16764 12/31/00 150.00 LIQUOR CHECKING ACCOUNT 211 , 167.82 r. - 14 BRC FINANCIAL SYSTEM ST. -ANTHONY-VILLAG •1/03/2001 12: Check Register GL_540R-VO6.27 PAGE BANK VENDOR CHECK# DATE AMOUNT____-_ LIAR LIQUOR CHECKING ACCOUNT 008216 ' A IV * WIRF_LF_SS SERVICE 1759; 01110/01 28.83 004.225 ALL.IANT FOASERVICE 17597 01/10/01 1 ,617.76 004014 ALLIED PAPER CO. 17598 01/ 101.01 .._-..--.. 008534 AUTOMATED ENTRANCE PRODU 17599 01/10/01 703. 12 004293 BELLBOY CORP. 17600 01/ 10/01 2,021 .21 004080 CHISAGO LAKES DIST. CO. , 17601 01/10/01 3,710.85 004087 CITY PAGES 17602 01/ 10/01. 468.00 004095 COCA COLA BOTTLING 17603 01/10/01 1 ,088.68 004120 EAGLE WINE CO 17604 01/10/01. 2,567.88 004125 EAST SIDE BEVERAGE CO 17605 01/10/01 51 ,452.70 004130 ECOL_AB 17606 01/10/03. 298. 10 004141 FRITZ COMPANY, INC . 17607 01/10/01 9,688.44..___.-_ 004157 GETTMAN HOWIE, INC . 17608 01/10/01 74. 40 004172 GRAPE BEGINNINGS, INC . 17609 01/10/01 801 .00 004175 GRIGGS COOPER & CO INC 17610 01/10/01 19,484..85 ____-___- 004201 HE:GGIES PIZZA 17611 01/10/01 178.70 008617 HINNENKAMP/WAYNE 17612 01/10/03. 65 .00 004207 HOHENSTEIN 'S, INC 17613 01/10/01 3,632..40_-_-. __.__ 008252 HOME DF_PDT-GFCF 17614 0-1/10/0.3., 530 .55 • 0085ti•7 INTE=.RNATIONAL CIGARS, IN 17615 01/10/01 - 387.78 004220 JOHNSON BROS. LIQ. 17616 01110401 18,.735.23.: 004218 JOHNSON PAPER & SUPPLY C 17617 01/10/01 585.87 004230 KUETHER DIS=TRIBUTING CO 17618 01/10/01 61 ,574 .55 002040 L.ILL_.IE SUBURBAN NEWSPAPE 17619 01/10/01 383.43 ._-_ ___- 004265 MARK VII SALES INC 17620 01/10/01 20,756.09 004266 MARKET MECHANICAL 17621 01/10/01 3,228.46 004272 METZ BAKING CO 17622 01/10/01 170.6E_____ 002515 NATIONAL BUSINESS FURNIT 17623 01/10/01 395.80 004334 NORTHEASTER 17624 01/10/01. 7Q .60 008086 OFFICEMAX 17625 01/10/01 64.04.-___-- 004345 OLD DUTCH FOODS INC 17626 01/10/01 62.64 004354 PAUSTIS & SONS 17627 01/10/01 1 ,463.49 004355 PEPSI COLA COMPANY 17628 01/10/03. _. . __.____.152.._°12_ - 004360 PHILLIPS WINE & SPIRITS 17629 01/10/01 11 ,541 . 18, 004376 PRIOR WINE CO 17630 .01/10/01 2,506.92 004385 QUALITY WINE CO 17631 01/10/01 008597 R.D. HANSON ASSOC . , INC . 17632 01/10/01 63.75 005004 SUPERIOR PRODUCTS 17633 01/10/01 321 .00 004466 SYSCO-MINNESOTA 17b34 01/10/01 _ 2,095_.71_ 008484 TES, INC . 17635 01/10/01 207.54 004468 TOTAL_ REGISTER SYSTEMS 17636 01/10/01 109.70 004475 TRI TECH DISPENSING 1763701/10/01 __228..10.___- .00002 UNITED ELECTRIC 17638 01110/03. 247 .99 004490 VAL--•PAK OF MINNESOTA 17639 01/10/01 1 ,540.00 .00001 VER-TECH • 004494 WASTE MANAGEMENT - BLAIN 17641 01%10/01 327.43 008310 WINE_ MERCHANTS INC 17642 01110101 1 ,396 . 14 LIQUOR CHECKING ACCOUNT 240,780.25 �# l Northwest Youth Family Services 3490 Lexington Avenue North, Suite 205 • Shoreview, AN 55126 • Phone (651) 486-3808 • Fax (651) 486-3858 December 22, 2000 2001 REQUEST FOR PAYMENT, Michael Morrison, City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 2001 Amount Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,265 PLEASE REMIT TO: • KAY ANDREWS NORTHWEST YOUTH & FAMILY SERVICES 3490 LEXINGTON AVENUE NORTH SHOREVIEW, MN 55126 Thank you for your continued support! Please contact Kay Andrews, Executive Director, if you have questions regarding this invoice. - 16 CITY OF ST. ANTHONY RESOLUTION 01-001 A RESOLUTION DESIGNATING ACTING MAYOR FOR THE CALENDAR YEAR 2001 BE IT RESOLVED, by the City Council of the City of St. Anthony that is designated as Acting Mayor for the year 2001. Adopted this day of 2001.. Mayor ATTEST: City Clerk Reviewed for administration: City Manager- • - 17 CITY OF ST. ANTHONY RESOLUTION 01-002 A RESOLUTION SPECIFYING PERSONS AUTHORIZED TO MAKE CERTAIN TRANSACTIONS REGARDING CITY FINANCIAL ACCOUNTS BE IT RESOLVED by the City Council of the City of St. Anthony that the Mayor (Dennis Cavanaugh), City Manager (Michael J. Mornson), and Finance Director (Roger A. Larson, Sr.)are authorized to make approved transfers and deposits and approved transactions of City funds in the various City accounts and that their names are to appear on signature cards at various financial institutions approved by the City. Adopted this day of , 2001. Mayor ATTEST: . City Clerk Reviewed for administration: City Manager • . 18 CITY OF ST. ANTHONY RESOLUTION 01-003 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR CITY FUNDS BE IT RESOLVED by the City Council of the City of St. Anthony, that the Firstar St. Anthony Bank is hereby designated as a depository for the funds of the City and that said bank shall also be the bank for this City with respect to any/all other banking services required or used by this City. FURTHER RESOLVED, that this notice shall continue in force until December 31, 2001, or until written notice of its recision or modification has been received by said bank. FURTHER RESOLVED, that said bank deposit such securities in the amount and in the manner required by law. FURTHER RESOLVED, that the Finance Director be authorized to accept such securities as collateral as required by law, and that said collateral be held at.the Firstar St. Anthony Bank for safekeeping. FURTHER RESOLVED, that the City Clerk shall transmit to the Firstar St. Anthony Bank a copy of this resolution. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager 40 19 CITY OF ST. ANTHONY RESOLUTION 01-004 A RESOLUTION DESIGNATING A PUBLIC HEALTH OFFICER BE IT RESOLVED by the City Council of the City of St. Anthony that is designated as the Public Health Officer for the City of St. Anthony. Adopted this day of 12001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager -20 CITY OF ST. ANTHONY RESOLUTION 01-005 A RESOLUTION DESIGNATING LEGAL NEWSPAPER FOR THE CALENDAR YEAR 2001 BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, that a legal newspaper of general circulation in the City, be hereby designated as the official newspaper of the City for 2001 in which shall be published such measures and matters as are by-laws of this State and City Code required to be published; and such other matters as the Council may deem advisable and in the public interest to have published. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • 21 MEMORANDUM DATE: December 14, 2000 TO: Mayor and Councilmembers FROM: Michael Mornson, City Manager .ITEM: CITY'S LEGAL NEWSPAPER BIDS FOR 2001 We received two bids for Council's consideration to be the City's legal newspaper for the year 2001. The Bulletin's bids came in lower. Focus Bulletin $4.95 per column inch for one time $4.78 per column inch for one time publications publications $3.85 per column inch for additional $3.83 per column inch for additional publications publications • • - 22 Lillk SUbURbAW NiEwSPAPERS 2515 E.Seventh North St. Paul, MN 55109 (651) 777-8800 December 1, 2000 Mike Morrison . City Manager St. Anthony City Offices 3301 Silver Lake Road St. Anthony, MN 55418 Dear Mr. Morrison: Thank you for the opportunity to bid on public notice publication services for the City of St. Anthony. The Bulletin has been serving the needs of the St. Anthony area for 25 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His son, N. Theodore Lillie, and grandson, Jeffery Enright, are continuing the family tradition of publishing award-winning community newspapers in the St. Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the St. Anthony area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. We realize that St. Anthony area residents look to the St. Anthony Bulletin as one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. Lillie Suburban Newspapers has the official designation of the neighboring communities of Arden Hills and New Brighton, along with Mounds View School District 621. Noon Friday is the deadline each week for submitting public notices to our office. Late public notices are accepted up to 10 a.m. Monday for the Wednesday newspaper. Public notices should be directed to Barbara Wahl, St. Anthony Bulletin, P.O. Box 120608, New Brighton, MN 55112. Our fax number is 651/633-3846. Notices may also be sent via e-mail to IilInews @wavetech.net Legal publication rates for minutes, advertisements for bids and other notices are as follows: $4.78 per column inch for a one-time publication $3.83 per column inch for each additional publication Thank you for.aonsidcriag t;e St. Antliony Bulletin as the official legai newspaper for the City of St. Anthony for 2001. If yob have any further questions, don't hesitate to call us. Sincerely, ry Enright 54o N. Theodore Lillie Co-Publisher LNE ;WS E RAMSEY COUNTY REVIEW—MAPLEWOOD REVIEW—OAKDALE-LAKE ELMO REVIEW-NEW BRIGHTON BULLETIN SHOREVIEW BULLETIN — ST. ANTHONY BULLETIN — SHOPPING REVIEW =EAST SIDE REVIEW ROSEVILLE REVIEW — SOUTH-WEST REVIEW — WOODBURY-SOUTH MAPLEWOOD REVIEW Focus Nevus 23 ODecember 1, 2000 Mr. Mike Morrison City Manager City of St.Anthony 3301 Silver Lake Road St.Anthony, MN 55418 Dear Mike: We would be pleased if you would consider the Focus News as the City of St.Anthony's official newspaper for the year 2001 at your City Council Meeting. We would very much like to serve your legal needs and would like the opportunity to serve you in the coming year. We are currently the legal newspaper in Fridley, Columbia Heights, Hilltop, Falcon Heights and Mounds View and Independent School Districts 13 and 14. We also publish legals for Anoka County, Ramsey County and Hennepin County. We would value your city's legal business very much. Our rates are the same as last year which are as follows: 1 column width: $0.45 per line -.first insertion ($4.95 per col. in.) • $0.35 per line - subsequent insertions ($3.85 per col. in.) 2 column width: $.90 per line - first insertion ($9.90 per col. in.) $.70 per line - subsequent insertion ($7.70 per col. in.) Notarized affidavits will be provided for each of your publications. We endeavor to print each legal accurately and to follow any written specifications you may have included with your legal. All publications should be received in our office by Friday noon preceding our Thursday publications..In order to expedite our service to you, please direct your mailed legal notices to Focus News, attention Howard Collins, Legal Publications, 3701 Reservoir Blvd.,Columbia Heights,MN 55421.We do prefer your legal notices be e-mailed.We are having great success with this method as it has become much faster and more efficient for all of us. If you have budget reports or anything done on a spread sheet, we are able to receive these by e-mail as well;however,you would,also need to send a hard copy through the mail so we can check fractions and columns, etc. Our e-mail address is info @ focusne W s.COM. Thank you for considering the Focus News as your official newspaper for the upcoming year. We would be honored and pleased to serve you and look forward to a mutually beneficial working relationship with the City of St.Anthony. Sin er 1 , V `chard Roberts 3701 Reservoir Blvd., Columbia Heights, MN 55421 • 763-706-0890 Fax 763-706-0891 . 24 • CITY OF ST. ANTHONY RESOLUTION 01-006 A RESOLUTION DESIGNATING MAYOR DENNIS CAVANAUGH AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, that the St. Anthony City Council hereby designates Mayor Dennis Cavanaugh as a participant in the following outside organizations: Northwest Suburban Cable Commission Northwest Youth and Family Services Sister City • Adopted this day of , 2001. P Y Mayor ATTEST: . City Clerk Reviewed for administration: City Manager 25 • CITY OF ST. ANTHONY RESOLUTION 01-007 A RESOLUTION DESIGNATING COUNCILMEMBER BRIAN THUESEN AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, that the St. Anthony City Council hereby designates Councilmember Brian Thuesen as a participant in the following outside organizations: Community Services Advisory Council Friends.of the Library • Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • 46 CITY OF ST. ANTHONY RESOLUTION 01-008 A RESOLUTION DESIGNATING COUNCILMEMBER RICHARD HORST AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, that the St. Anthony City Council hereby designates Councilmember Richard Horst as a participant in the following outside organizations: Chamber of Commerce V illageFest. • Association of Metropolitan Municipalities Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager . 27 CITY OF ST. ANTHONY RESOLUTION 01-009 A RESOLUTION DESIGNATING COUNCILMEMBER AMY SPARKS AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, that the St. Anthony City Council hereby designates Councilmember Amy Sparks as a participant in the following outside organizations: League of Minnesota Cities ACTION Middle Mississippi Watershed District St. Anthony Orchestra ® Community Prevention Coalition Kiwanis Adopted this day of 12001. Mayor ATTEST: City Clerk Reviewed for administration: City Manager . 28 • CITY OF ST. ANTHONY RESOLUTION 01-010 A RESOLUTION DESIGNATING COUNCILMEMBER . RANDY HODSON AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS BE IT RESOLVED, that the St. Anthony City Council hereby designates Councilmember as a participant.in the following outside organizations: Alternate to the Cable Commission Community Prevention Coalition Adopted this day of , 2001. Mayor ATTEST: . City Clerk Reviewed for administration: City Manager 29 • CITY OF ST. ANTHONY . RESOLUTION 01-011 A RESOLUTION APPOINTING A CITY ATTORNEY BE IT RESOLVED by the City Council of the City of St. Anthony that Jerome Gilligan of the law firm of Dorsey & Whitney is hereby appointed as the City Attorney for the City of St. Anthony for the year 2001. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager . 3® CITY OF ST. ANTHONY RESOLUTION 01-012 A RESOLUTION APPOINTING AN AUDITOR TO AUDIT THE CITY'S FINANCIAL RECORDS BE IT RESOLVED by the City Council of the City of St. Anthony that Stuart Bonniwell is hereby appointed to perform auditing services for the City's financial records for the year 2001. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • 31 STUART J. BONNIWELL • Certified Public Accountant 7101 York Avenue South- Suite 50 Office: (612)921-3325 Minneapolis, MN 55435 The CPA.r4.t.u oe*KU .,� v Fax: (612)921-3331 December 18, 2000 Honorable Mayor and City Council City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 I am pleased to confirm our u ride rstanding of the services to be provided the City of S,t. Anthony, Minnesota for the year ended December 31, 2000. I will audit the general purpose financial statements of the City of St. Anthony, Minnesota as of and for the. year ended December.- 31, 2000. Also, the financial report submitted to you will include combining statements by fund type, individual fund and account group statements that will be subjected to the auditing procedures applied in the audit of the general purpose financial statements. AUDIT OBJECTIVE The objective of the audit is the .expression of an opinion as to whether the general. ® purpose. financial statemerts are fairly presented, in all material respects, in con- fortuity with generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. The audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of St. Anthony, Minnesota and other procedures con- sidered necessary to enable me to express such an opinion. If the opinion on the general purpose financial statements is other than unqualified, I will fully discuss the reasons with you before submitting a different kind of report. If, for any rea- son, I am unable to complete the audit or am unable to form or have not formed an opinion, I may decline to express an opinion or to issue a report as a result of this engagement. MANAGEMENT RESPONSIBILITIES The management of the City of St. Anthony, Minnesota is responsible for establishing and maintaining internal control and for compliance with laws, regulations, con- tracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance • with management's authorization and recorded properly to permit the preparation of the general purpose financial statements in accordance with generally accepted accounting principles. .32 Honorable Mayor and City Council • City of St. Anthony Management is responsible for making all financial records and related informatior, available. I understand that you will provide such information required for the audit and that you are responsible for the accuracy and completeness of that in- 'formation. I will advise .you about appropriate accounting principles and _their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibi- lity includes the establishment and maintenance of adequate records and effective internal control over firiaricial reporting, the selection and application of account- ing principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for con- firming in the representation letter that the effects of any uncorrected misstate- ments aggregated during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the general purpose financial statements taken as a whole. AUDIT PROCEDURES - GENERAL An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, the audit will involve judgment about the number of transactions to be examined and the areas to be tested. I will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because an audit is designed to provide reasonable, but • not absolute assurance and because. I will not :perform a detailed ..examination of all transactions, there is a risk that a material misstatement may exist and not be detected. In addition, an audit is not designed to detect immaterial errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the general purpose financial statements. However, I will inform you of any material errors and any fraud that comes to my atterition. I will also inform you of any other illegal acts that come to my atterrtiorr, unless clearly inconsequential. My respon- siblity as auditor is limited to the period covered by the audit and does not extend to matters that might arise during any later periods for which I am not engaged as auditor. Audit procedures will include tests of documentary evidence supporting the trans- _ actions recorded in the accounts, direct confirmation of cash, receivables and cer- tain other assets and liabilities by correspondence with selected financial insti- tutions, creditors and others, and may include tests of the physical existence of inventories. I will request written representations from your attorney(s) as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of the audit, I will also request certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City of St. Anthony, Minnesota complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, I will perform tests of the City's compliance with applicable laws and regulations and the provisions of con- tracts and agreements. However, the objective of the audit will not be to provide an opinion on overall compliance and I will not express such an opinion. 33 Honorable Mayor and City Council • City of St. Anthony AUDIT PROCEDURES - INTERNAL CONTROL In planning and performing the audit, I will consider the internal .control suffi- cient to plan the audit in' order to determine the nature, timing, and extent of the auditing procedures for the purpose of expressing my opinion on the City of St. Anthony, Minnesota's general purpose financial statements. I will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and I will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that I consider relevant to prevernLing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting mis- statements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. Tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify- reportable conditions. However, I will inform the governing body of any matters involving internal control and its operation that I consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to my attention relating to significant deficiencies in the.. design or operation of the internal con • trol that, in my judgment, could adversely affect the City's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. AUDIT ADMINISTRATION AND OTHER I understand that your personnel will prepare all cash and other confirmations I request and will locate any invoices selected for testing. workpapers for this engagement are the property of Stuart J. Bonniwell, C.P.A., and constitute confidential information. However, I may be requested to make cer- tain workpapers available to various cognizant or grantor agencies pursuant to authority given to them by law or regulation. If requested, access to such work- papers will be provided under my supervision. Furthermore, upon request, I may provide photocopies of selected workpapers to these agencies. These agencies may intend, or decide to distribute the photocopies or information contained therein to others, including other governmental agencies. Fees for services are based on the time required to complete the engagement, plus out-of-pocket expenses such as report production, typing, etc. Professional rates vary according to the degree of responsibility involved and the level of expertise and experience of personnel assigned to the audit. In addition, fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit which would cause a mate- rial extension of time required to complete the audit. If significant additional • time is necessary, you will be consulted with before commencing such additional work. - 34 Honorable Mayor and City Council City of St. Anthony I appreciate the opportunity to be of service to the City of St. Anthony, Minnesota and believe this letter accurately summarizes the significant terms of our engac e- ment. If .you have any questions, .please contact .me.. - If you 'agree with the terms of our engagement as described.in this .letter, please sign the original letter in . the space provided and return it to me. The enclosed copy is for your records. Sincerely, � . \��irry,,w,i,✓C..�iC� Stuart J. Bonniwell, C.P.A. Accepted: This letter correctly sets forth the understanding the City of St. Anthony, Minnesota. By: Title: • -35 STUART J. BONNIVVELL • Certified Public Accountant 7101 York Avenue South- Suite 50 do Office: (612)921-3325 Minneapolis,MN 55435 Fax: (612)921-3331 December 18, 2000 Chairman and Commissioners Housing and Redevelopment Autiiol•ity of St. Anthony City of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 I am pleased to confirm our understanding of the services to be provided the Housing and Redevelopment Authority of St. Anthony, Minnesota, a component unit of the City of. St. Anthony, :Minnesota, for the year ended December 31, 2000. I will audit the general purpose financial statements of the Housing and Redevelopment of St. Anthony as of and for the year ended December 31, 2000. Also, the financial report submitted to you will include combining statements by fund type, individual fund and account group statements that will be subjected to the auditing procedures applied in the audit of the general purpose financial statements. • AUD.IT .OBJECTIVE The objective of Lhe aLt,diL is Lhe expression of an opinion as to whether the general purpose financial statements are fairly presented, in all material respects, in con- formity with generally accepted accounting principles and to report on the fairness of the additional inforniation referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. The audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the ac- counting records of the Housing and Redevelopment Authority of St. Anthony, Minne- sota and other procedures considered necessary to enable me to express such an opinion. If the opinion on the general purpose financial statements is other than unqualified, I will fully discuss the reasons with you before submitting a different kind of report. If, for any reason, I am unable to complete the audit or am unable Jo form or have not formed an opinion, I may decline to express an opinion .or to issue a report as a result of- this engagement. MANAGEMENT RESPONSIBILITIES The management of the Housing and Redevelopment Authority of St. Anthony, Minnesota is responsible for- establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to pro- vide management with reasonable, but not absolute, assurance that assets are safe- guarded against loss from unauthorized use or disposition, that transactions are executed in accordance with mariagement's authorization and recorded properly to permit the preparation of the general purpose financial statements in accordance with generally accepted accounting principles. . 36 Chairman and Commissioners • Housing and Redevelopment Authority of St. Anthony Management is responsible for making all financial records and related information available. I understand that you will provide such information required for the audit and that you are responsible for 'the accuracy and completeness of that in- formation. I will ,advise ,you about appropriate- accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibi- lity includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of account- ing principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for con- firming in the representation letter that the effects of any uncorrected misstate- ments aggregated during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the general purpose firraricial statements taken as a whole. AUDIT PROCEDURES - GENERAL An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, the audit will involve judgment about the number of transactions to be examined and the areas to be tested. I will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because an audit is designed to provide reasonable, but not absolute assurance and because I will, not perform a detailed examiniation of all transactions, there is a risk that a material misstatement may exist and not be detected. In addition, an audit is not designed to detect immaterial errors, fraud, or other illegal acts or illegal acts that do not have a direct effect on the general purpose financial statements. However, I will inform you of any material errors and any fraud that comes to my attertion. I will also inform you of any other illegal acts that come to my attention, unless clearly inconsequential. My respon- siblity as auditor is limited to the period covered by the audit and does not extend to matters that might arise during any later periods for which I am not engaged as auditor. Audit procedures will include tests of documentary evidence supporting the trans- actions recorded in the accounts and direct confirmation of cash, receivables and certain other assets and liabilities by correspondence with selected financial institutions, creditors arid others. I will request. written representations from your attorney(s) as part of the engagement, and they may. bill you for responding to this inquiry. At the conclusion of the audit, I will also request certain writ- ten representations from you about the financial statements and related matters. Identifying and ensuring that the Housing and Redevelopment Authority of St. Anthony, Minnesota complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, I will perform tests of the Authority's compliance with applicable laws and regu- lations and the provisions of contracts and agreements. However, the objective of the audit will not be to provide an opinion on overall comnpliance and I will not express such an opinion. .37 Chairman and Commissioners Housing and Redevelopment Authority of St. Anthony AUDIT PROCEDURES - INTERNAL CONTROL In planning and performing the audit; I will consider the internal control suffi cient to plan .the'audit in order to determine- the nature, -timing, and extent of the auditing procedures for the purpose of expressing my opinion on the Housing and Redevelopment Authority of St. Anthony, Minnesota's general purpose financial statements. I will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and I will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that I consider relevant to preventing and detecting errors and fraud that are material to the general purpose financial statements and to preventing and detecting mis- statements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. Tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, I will inform the governing body of any matters involving internal control and its operation that I consider to be reportable .conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to my attention relating to significant deficiencies in the design or operation of the.internal con- • trol that, in my judgnient, could adversely affect the Authority's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. AUDIT ADMINISTRATION AND OTHER I understand that your personnel will prepare all cash and other confirmations I request and will locate any invoices selected for testing. Workpapers for this engagement are the property of Stuart J. Bonniwell, C.P.A., and constitute confidential information. However, I may be requested to make cer- tain workpapers available to various cognizant or grantor agencies pursuant to authority given to them by law or regulation. If requested, access to such work- papers, will be provided under my supervision. Furthermore, upon request, I may provide photocopies of selected workpapers to these agencies. These agencies may intend, or decide to distribute the photocopies or information contained therein to others, including other governmental agencies. Fees for services are based on the time required to complete the engagement, plus out-of-pocket expenses such as report production, typing, etc. Professional rates vary according to the degree of responsibility involved and the level of expertise and experience of personnel assigned to the audit. In addition, fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit which would cause a mate- rial extension of time required to complete the audit. If significant additional time is necessary, you will be consulted with before commencing such additional work. .38 Chairman and Commissioners • Housing and Redevelopment Authority of St. Anthony I appreciate the opportunity to be of service to the Housing and Redevelopment., Authority of St. Anthony, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please contact me. If you agree with the terms of our engagement as described in this letter, please sign the original letter in the space provided and return it to me. The enclosed copy is for your records. Sincerely, ,A, 9, Stuart J. Bonniwell, C.P.A. Accepted: This letter correctly sets forth the understanding the Housing and Revelopment Authority of St. Anthony, Minnesota. By: • Title: • 01/03/01 15:12 FAX 6129213331 BONNIWELL/GROEN . 39 STUART J. BONNIWELL Certified Public Accountant 7101 York Avenue South-Suite 50 Office: (612)921-3325 Minneapolis,MN 55435 Fax:(612)921-3331 The ca4 iw.+lYdueu:oae nee Vyl- CITY OF ST. ANTHONY I I Estimated Fees for Audit and Other Services for 2001: City (General and Utility) $13,200 Liquor 4,500 Housing and Redevelopment Authority 3,400 I i i _ 4® CITY OF ST. ANTHONY RESOLUTION 01-013 A RESOLUTION APPOINTING A CITY PROSECUTING ATTORNEY BE IT RESOLVED by the City Council of the City of St. Anthony that the law firm of is hereby appointed as the City Prosecuting Attorneys for the City of St. Anthony for the year 2001. Adopted this day of . . , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager 01/05/2001 10:26 FAX 612 789 2109 F W H B LAW OFFICE �l ` F®STiER, W ENTZ3ELL. 14 EDDACK � -PR EV ER, LLB 1 ATTORNEYS AT LAW THOMAS E. BREVER SurrE 201 ANTHONY PLACE JoHN A. HEVBAcx 2855 A-w HONY LANE So. JosErfi A. WENrzELL" Sr.ANTHONY, MN 55418 ROBERT J. FOSTER PEGGY J. FIEDBACK TELEPHONE: (612) 789-1331 'LE.sr-m M. WrrrERscHHnv FAX: (612) 789-2109 i AL so ADrsc-i'so nv Tbcns E-M-AIL: fwhb(W fowb-law.colr► i - !OF COUNSEL: January 5,2001 SARAH MARTIN ARENDT rY STEVEN P. CARLSON i { i i Mr: Michael Mornson, City Manager VIA FAX: 612- 781-9323 City of St. Anthony i 3301 Silver Lake Road St. Anthony, MN 55418 i RE: Prosecution Contract- City of St. Anthony t t Dear Mike: i This will confirm our discussions regarding our proposal for providing prosecution services to the City of St. Anthony. After meeting with you and representatives of the Police Dept.,we have agreed i that we would accept the following as our flat rate monthly fee for those prosecution services: 1. Year 2001 - $4,000.00 per month; 2. Year 2002 - $5,000.00 per month; and 3. Year 2003 - $6,000.00 per month. f I understand that each appointment, pursuant to this schedule, will be for only one year and the City would have to continue to be satisfied with the services that we provide before an additional year appointment will occur. i If you have any questions,please feel free to contact me. I would ask that you advise me if you think it is appropriate that either myself or someone from our staff be at the City Council hearing scheduled for January 9, 2001. i i Thank you for your assistance in this matter. Z s, ter RJF:dk i f 42 MEMORANDUM DATE: January 4, 2001 TO: Mike Mornson, City Manager FROM: Roger Larson, Finance Director ITEM: PROSECUTIONS/ATTORNEY COSTS I reviewed the proposed increase in attorney fees for prosecution services from Foster, Wentzell, Hedback & Brever. Their proposed fees are is follows: 1) 2001 $4,000 monthly retainer ($48,000 annual) 2) 2002 $5,000 monthly retainer ($60,000 annual) 3) 2003 $6,000 monthly-retainer ($72,000 annual) Upon review of the hours the firm spends on prosecutions (approximately 750 hours annually) the current compensation of$36,000 equates to $48.00 per hour. • Since having been appointed prosecutors in 1995 they have implemented several services not previously provided to the City, such as DWI forfeiture cases, which increased the time spent on prosecutions by 15 It seems fair that the firm receives equitable compensation for their prosecution services, the increased workload created by new law and the additional services they provide. Foster/Brever seem relatively comfortable with an effective hourly rate of$80.00 to $90.00 per hour. The proposed increase for 2001 equates to an hourly rate of$64.00, 2002, $80.00 and.$96.00 in 2003. Included in the 2001 budget was an appropriation of$37,000 for prosecution services, which is considerably less than the amount they are asking. Presently, municipal court fines generate $85,000 to $100,000 annually. It would be my recommendation that the increase in costs for 2001 be absorbed by the annual fine revenue that St. Anthony receives. Preparation of the 2002 & 2003 budgets would reflect the increased costs of.prosecution services. • . 43 MEMO. DATE: January 4, 2001 TO: Mike Mornson, City Manager FROM: Dick Engstrom, Chief of Police ' RE: 2001 Appointment for Prosecution Services The St. Anthony Police Department strongly supports the continuance of the Foster, Wentzell, Hedback& Brever LLC firm for prosecution services. Our department has developed a great relationship with the prosecutors over the past several years, and have found that the city attorney's office has handled all of our cases in an efficient and expeditious manner. F®ST1EP4 WENTZiELL. 14 E]CDRACK & UP,-EV EP, LLC ATTORNEYS AT LAW THOMAS E. BREVER SUITE 201 ANTHONY PLACE JOHN A. HEDBACK 2855 ANTHONY LANE So. JOSEPH A. WENTZELL' ST. ANTHONY, MN 55418. ROBERT J. FOSTER PEGGY J. HEDBACK TELEPHONE: (612) 789-7331 LESLIE M. WITTERSCHEIN FAx: (612) 789-2109 1ALso ADmrrrED uv TEXAS E-MAIL: fwhbQfowb-law.corn OF COUNSEL: SARAH MARTIN ARENDT STEVEN P CARLSON December 14,.2000 The Honorable Dennis Cavanaugh Mayor of St. Anthony 3301 Silver Lake Road St. Anthony, Minnesota 55418 Re: 2001 Appointment for Prosecution Services • Dear e Mayor Cavanaugh: This correspondence will serve as confirmation of this firm's continuing interest in being reappointed the prosecuting attorneys for the City of St. Anthony for 2001. As you are no doubt aware, we have served as the City's prosecuting attorneys since April of 1995 and are very proud of our long standing commitment to providing high quality, reasonably priced prosecution and related services. Since our having first been appointed city prosecutors, we have implemented several services not previously provided to the City. Particularly, we are proud of the month end case summaries, complaint status reports and case disposition reports. These documents have provided- the City with a monthly report of this office's activities. We are also very proud of the working relationship and open line of communication we have developed with the Police Department and its dedicated officers and administrative staff. With the help of the Department, we have developed a level of professional trust and confidence, not often found in similar relationships. Since our initial undertaking, several changes in the law have required us to implement new procedures and undertake additional responsibilities not originally contemplated. • For example, recent legislation requires our office, as the prosecuting attorneys, to handle DWI vehicle forfeitures in civil court proceedings. In discussions you may 436 Mayor Cavanaugh • December 14, 2000 Page Two have had with Police Department administration you have no doubt learned.of the substantial amount of Department resources and additional burdens the DWI forfeiture law has required of the police. The same is true of our office. Since the new law has gone into effect, we have spent a great deal of time and energy in the prosecution of DWI forfeiture, which was not contemplated in our original compensation package. In addition, there has been a consistent increase in our caseload which requires the commitment of additional attorney time and resources. In 1998 this office had 704 calendar appearances on behalf of the City, which resulted in fines and costs being ordered by the Courts in the amount of $42,071.00. In 1999 these numbers increased to 839 and $55,094.00, respectively. Based on our numbers to date, we project these numbers to increase in 2000 to 955 and $68,294.00. The demands on this office to maintain our past level of service have consistency increased since our initial undertaking and we have no reason to believe these demands will diminish in the upcoming year. It has become apparent that in order to.continue to provide the high quality prosecution and related services the City deserves, we must request an increase in our compensation package. We are currently compensated at the flat rate of $3,000.00 per month and have not requested or received an increase in this rate since 1997. When this figure is broken down against the number of hours our attorneys typically dedicate to the City each month, our effective hourly billing rate works out to be less than $50.00 per hour. (For the first seven months of 2000, our effect hourly rate was $47.57) Currently, our billing rate for private clients ranges from $150.00 and $175.00 per hour, depending on the type of case. We recognize that part of our responsibility in serving as prosecutors for the City is to maintain a reasonable pricing structure, which helps the City in adhering to its own budget constraints. We submit that an effective hourly rate in the range of $80.00 to $90.00 provides sufficient . financial incentive to allow us to continue providing high quality.services and will still helps the City with its budgetary concerns. This goal rate is consistent and in line with other firms in the area that contract for this same type of prosecution services. Conversely, our current effect billing rate is substantially less than comparable contract rates. There are at least two alternatives available to the City. The first, most simple and most predictable for City budget concerns is to simply increase the flat monthly • retainer which would cover all prosecution and related services provided by this office. This is the type of arrangement we currently have with the City. In order to get our • Mayor Cavanaugh December 14, 2000 Page Three effective hourly rate in line, the City would have to increase the monthly retainer to.. somewhere between $5,500.00 to $6,500.00. The second option would be to combine a monthly retainer with an hourly fee. In the case of a prior municipal client, we had a flat fee that covered administrative services (report, complaints, etc.) and arraignment, pretrial appearances and court trials with an hourly fee for jury trials. With the new legislation on DWI forfeitures, we would anticipate including these cases on the hourly basis as well. Under this type of compensation package, our monthly flat fee retainer would have to be increased to the $4,500.00 range with the hourly rate at $85.00. The main difficulty with this type of compensation package is the uncertainty it causes with the City's budget. Depending on the number of jury trials and DWI forfeitures cases that are scheduled in a month, the actual billing from this office might be as little as the monthly retainer or substantially higher. We typically have three to four jury trials scheduled in a month with one or two DWI forfeiture matters. Fortunately, most of these trials are settled by plea negotiation, which limits the amount of time we have to spend. However, if any of these go to trial in a month, the fees incurred could reasonably be anticipated to be • in the range of $1,000 to $2,000 per trial. The one advantage of this method, however, is that the monthly billing would be a more accurate reflection of the amount of time and resources dedicated by this office on a monthly basis. We are open and anxious to discuss the options and the precise terms available to both parties that could be reached upon mutual consent. We recognize that the suggestions contained herein would represent a significant increase in the City's budget for prosecution service. We do not approach this subject lightly and have already spent a great deal of time reviewing these issues internally. It is apparent, however, that whether from this firm or another,: the City will have to experience a substantial increase in the costs of prosecution services if it wishes to continue to receive the high level of services it has come to expect and deserves. P1 as t s ou would like us to be available to discuss the above. ous , y � n ven . Carl son Leslie M. itterschein SPC:amy • C: Michael Morrison 44 CITY OF ST. ANTHONY RESOLUTION 01-014 A RESOLUTION APPOINTING A COUNCILMEMBER TO SERVE AS COUNCIL LIAISON TO THE PLANNING COMMISSION WHEREAS, the City Council of the City of St. Anthony desires to have a Councilmember serve as liaison to the Planning Commission; and WHEREAS, the Planning Commission desires to have a Councilmember serve as liaison. NOW,.THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony that Councilmember Brian Thuesen is hereby appointed to serve as Council liaison to the Planning Commission for the year 2001. FURTHER, that thereafter the St. Anthony City Council will appoint one of its members to serve as liaison to the Planning Commission at the Council's first meeting every January for a one year term. Adopted this day of 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • . 45 CITY OF ST. ANTHONY RESOLUTION 01-015 A RESOLUTION APPOINTING A COUNCILMEMBER TO SERVE AS COUNCIL LIAISON TO THE PARKS COMMISSION WHEREAS, the City Council of the City of St. Anthony desires to have a Councilmember serve as liaison to the Parks Commission; and WHEREAS, the Parks Commission desires to have a Councilmember serve as liaison. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony that Councilmember Randy Hodson is hereby appointed to serve as Council liaison to the Parks Commission for the year 2001. FURTHER, that thereafter the St. Anthony City Council will appoint one of its members to serve as liaison to the Parks Commission at the Council's first meeting every January for a one year term. ® Adopted this day of , 2001. P Y Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • .46 • CITY OF ST. ANTHONY RESOLUTION 00-024 A RESOLUTION APPROVING THE STANDING RULES FOR CONDUCT OF CITY COUNCIL MEETINGS FOR THE YEAR 2001 BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the City Council Standing Rules 2001 for conducting City Council meetings for the year 2001 which said rules are attached herewith. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • . 47 ® CITY COUNCIL STANDING RULES 2001 INTRODUCTION In the belief that the best decisions are made by the best informed decision makers and that the public decision process is best served when the public has every opportunity to present views,the following rules are established to govern regular and special Council meetings as well as formal public hearings. There are several goals behind these rules. In general, free and open discussion by all interested parties should be an essential part of the decision-making process. The Council process should have as little procedural overhead as possible. Time is better spent on substantial matters rather than performa matters. MEMBERSHIP The formal Council membership consists of the four Councilmembers and the mayor. All five have one vote each and all five can introduce motions. For purposes of leading the meeting,the Mayor,or in the absence of the Mayor the Acting Mayor,will be considered the chairperson. A quorum of the Council is three(3)members. A quorum is required to do official business. Regular meetings of the Council shall be held at City Hall on the second and fourth Tuesday of each month at 7:00 P.M. Work sessions shall be held on the first Tuesday of each month. Special meetings can be called at the request of two Councilmembers,the Mayor,or the City Manager. r RULES Order of Business The following shall be the order of business of the Council: Call to Order Pledge of Allegiance Roll Call Proclamations and Recognitions Community Forum—Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the clerk's record,and limit their remarks to five minutes. Generally,the City Council will not take official action on items discussed at this time,but may typically refer the matter to staff for a future report or direct that the matter be scheduled on an upcoming agenda. Consent Agenda—These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed • from the Consent Agenda and placed elsewhere on the agenda. . .48 City Council Standing Rules Page 2 Public Hearings General Policy Business-of the Council Staff Reports Reports from Councilmembers Information and Announcements Adjournment Agenda To be considered,an item must be on the agenda and the agenda must be distributed to all the Councilmembers and any other persons having responsibility for an item at least three working days prior to the meeting. An agenda can be modified with addenda by a majority vote but this should be used only for minor items or items with extreme time constraints. An item can be moved from the consent agenda to the action agenda at the request of any Council member. Since there will be audience and cable TV viewers not familiar with each item,the chair will,give a brief explanation of each item as.it is addressed. • The order of items on the agenda need not be followed absolutely. The Mayor may adjust the order in the interest of: Filling in time before a scheduled item, i.e. a public hearing Grouping several items to best make use of consultant time. Accommodating individuals who have attended the meeting specifically to provide input on an item. Process—Regular and Special Council Meetines For these proceedings the Council will use the"open discussion"procedure.That is, discussion is open to any member before or after a motion is made. This privilege is also extended to the City Manager,and any of the consultants who may have an interest in or can contribute to the item at hand. This privilege is also extended to those members of the audience who wish to provide input. The Mayor may rule out of order any input felt to be redundant,superfluous or irrelevant. The Mayor can make liberal use of the"unanimous consent"procedure. That is, items that in the judgement of the chair are likely to be unanimously approved can be introduced for approval with the statement: "If there are no objections.......stands approved(or denied)." If any Council • member has an objection,the item reverts to the standard motion procedure. This"unanimous -49 City Council Standing Rules Page 3 consent"procedure cannot be used for items requiring formal votes,i.e. resolutions or for approval of the consent agenda. The standard motion procedure is changed to not require a second.'A motion need only be made to be considered. This also applies to amendments. Any motion,by any member,shall be reduced to writing upon request of any member. No motion shall be put to a vote until it has been stated by the recorder at the request of any member of the Council. To eliminate confusion,only one amendment will be considered at a time and that amendment must be germane to the motion. An amendment cannot itself be amended. If a change to an amendment is deem appropriate,the amendment should be withdrawn and reintroduced accordingly. The general mode of voting will be by acclamation but with enough clarity that the individual votes can be recorded in the minutes. If in doubt the clerk can request clarification. Each individual's vote will be entered in the minutes. Any member may abstain from voting or disqualify himself/herself.The reason for disqualification or abstention must be stated by the member and entered in the minutes. If a member disqualifies himself/herself,he/she may leave the room while the issue is being considered. Any Council member may request the City Manager to prepare a proposed ordinance. Roberts Rules of Order(Revised)shall govern the Council procedures not covered by the Standing Rules • of the Council. The meeting will be video taped and the tape will be retained for 3 months following approval of the minutes of the meeting. The standard retention can be extended if in the judgement of the Mayor, City Manager,City Clerk or any Councilmember such action is warranted. If the Council action is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. No Council meeting will extend beyond 10:30 P.M. except by unanimous vote. This rule is not subject to the modification or suspension provisions of the Standing Rules. Process—Public Hearings Since a public hearing is a more formal procedure and often requires certain procedures and actions to be legal,the meeting rules are changed accordingly. The primary aim of a public hearing is to take input from the public. To accomplish this in the most effective manner the chair will introduce the hearing with an explanation of the issues. The Mayor will give this explanation or a person designated by the Mayor. The use of explanatory visual aids is encouraged. Following the explanation, input from the public will be taken. Prior to accepting input,though,the Mayor will state the areas where input will be appropriate,the maximum time to be allotted to any individual presenter and any other procedural rules deemed appropriate to guarantee that all • concerned parties have a fair and adequate opportunity to be heard. - 5® City Council Standing Rules • Page 4 All individuals wishing to speak must fill out and submit identification form and speak into a recording microphone. Individuals not wishing to speak in public may provide a written statement. The Council may take up to 15 minutes to review written statements presented.at the meeting. If the Council decides to not act on the issue at the public hearing meeting, it may by majority vote extend the time where written input will be taken to a day not later than.l week before the next meeting where a deciding vote is planned. All speakers are expected to be business-like,to—the-point and courteous. Anyone not abiding by these rules will be considered out of order. The Council will refrain from initiating a discussion during the public input phase of the hearing except to clarify points brought up. These"point of information"requests should be held to a minimum. Once the public testimony phase is complete the chair will announce the public hearing to be closed and the Council will revert back to its open discussion mode of operation. From this point on public input will only be appropriate when solicited by the Council. It shall be the intent of the Council to vote on the issue at the same meeting as the public hearing and as close in time to the public hearing as possible. Should it be necessary to defer voting until a later date,the procedure will be clearly explained to the audience. No public hearing will extend beyond 10 P.M. If the motion contains conditions,as may occur in conditional use or variance requests;those conditions • will be conveyed in writing to the requestor. If the public hearing is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. If the public hearing is to set an assessment rate,the assessment formula(s)under discussion cannot be altered. This implies that the Council has fully discussed any formulas prior to the hearing and that the appropriate legal, fiscal and engineering consultants have passed on formula(s)viability, legality and feasibility. If the hearing is to set an assessment, it cannot be scheduled later than the first meeting in September. This is to allow time to correct errors prior to the time needed to certify the rolls to the county. ACTING MAYOR The Acting Mayor shall be appointed in January of each year.The first Acting Mayor after adoption of this rule shall be the Councilmember with the most continuous time on the Council.The position shall then be rotated among Councilmembers based on time of continuous service. If two or more members have identical seniority,the appointment shall be based on alphabetical order by last name. A Councilmember may not serve as Acting Mayor twice until all other Councilmembers have been Acting Mayor. A Councilmember may decline the appointment for good cause and maintain his/her place in the rotation for appointment the following year. • 51 City Council Standing Rules • Page 5 ADOPTION/MODIFICATION/SUSPENSION These rules with the exception of the mandatory,10:30 P.M.adjournment can be adopted,modified or suspended in whole or in part by a majority vote of the Council. If suspended,they are automatically reinstated at the next meeting. ANNUAL REVIEW These rules will be reviewed annually at the first meeting in January. INTERPRETATION The Mayor will interpret the rules. However,the Mayor's interpretation can be appealed by any Councilmember and can be overruled by a majority vote. r • • VIII. PUBLIC HEARINGS. A. Easement vacation relating to Accurate Wire (Resolution 01-019) 52 CITY OF ST. ANTHONY • RESOLUTION 01-019 VACATING A PORTION OF ANTHONY LANE After discussion of a motion by to vacate that portion of Anthony Lane in the City legally described on Exhibit A attached hereto and made a part hereof, it was deemed in the interest of the public to grant the vacation. Council member introduced the following resolution and moved its adoption: BELT HEREBY RESOLVED by the City Council of the City of St. Anthony that the portion of Anthony Lane in the City legally described on Exhibit A attached hereto and made a part hereof is hereby declared and ordered vacated and discontinued, and that the City Clerk be directed to prepare and present to the proper county offices notice of said vacation. The motion was seconded by and upon a vote being taken thereon the following voted in favor thereof: and the following voted against the same: • Whereupon the resolution was duly passed and adopted. Adopted the day of u G 1. Mayor ATTEST: City Clerk • - 53 • EXHIBIT A LEGAL DESCRIPTION OF VACATED PORTION OF ANTHONY LANE A portion of Anthony Lane lying adjacent to a part of Lot 3, Block 2, St. Anthony Industrial Park and also lying adjacent to a part of Lot 2, Block 1, St. Anthony Industrial Park 2"d Addition, according to the recorded plats thereof, Hennepin County, Minnesota. -54 MEMO DATE: 12/12/00 MEETING DATE: 12/19/00 . TO: Planning Commissioners FROM: Susan Henry, Assistant City Manager RE: Public Hearing: Accurate Wire Solutions Street Vacation Requested Action: Accurate Wire Solutions, Inc., (the petitioner) has submitted a formal petition to the City of St. Anthony for a street vacation for St. Anthony Lane. Background: With an addition planned, more parking is needed and necessary (per city code) for the petitioner. The proposed addition measures 7,000 square feet. To accommodate this, Accurate Wire is requesting the street vacation from the City. The City codes states required parking is 200 square feet per car. Accurate Wire plans on adding 20 cars to its parking lot, so they would be required to have 4,000 square feet for parking. They far exceed that; they will have 27,000 square feet available for cars. Staff Recommendation: • It is conducive for the City to grant this request to retain this business and assist.,with making the necessary accommodation. Staff recommends approval of the street vacation, per the City Engineers comments on the attached report. Attachments: • City Engineer Comments • Proposed Building Plans submitted by Accurate Wire Solutions, Inc • Accurate Wire Solutions, Inc. Request • City Attorney Correspondance • .55 Date: 12/14/00 • Fee: $130.00 CITY.OF ST. ANTHONY PETITION TO VACATE EASEMENT Applicant: APPLE PRODUCTS, LLC Phone: 612-781-6655 Address: 2917 ANTHONY LANE N, ST. ANTHONY, MINN. 55418 Status of Applicant (Owner, Buyer, Lessee, etc.): OWNER Legal Description of Property: 1. Attach a statement to this petition stating why this petition to vacate easement is being requested. 2. Submit a plat with this petition that shows the easements to be vacated or indicate in the space below which easements are to be vacated. THIS REQUEST IS BEING MADE TO ALLOW FOR ADDITIONAL PARKING FOR OUR BUSINESS WHICH THEN WILL ALLOW US TO CONSTRUCT AN ADDITION ON THE EXISTING SITE. CONTACT NAME IS ROGER A. STOICK, PRESIDENT OF ACCURATE WIRE SOLUTIONS, INC. WHICH IS THE BUSINESS OPERATING IN THE DESCRIBED PROPERTY. THE. OWNER OF THE BUSINESS AND THE OWNER OF THE PROPERTY ARE THE SAME. SINCERELY, . fZ� ROGER A. STOICK 7 1 2 -15-001 1 30 , DORSEY & WHITNEY LLP • MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS NEW YORK 220 SOUTH SIXTH STREET GREAT 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 FAX(612)340-2644 SALT LAKE CITY COSTA MESA SOL11.w111[am @dorseylaw.com VANCOUVER November 1, 2000 Michael J. Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 • Re: Anthony Lane Street Vacation Dear Mike: In accordance with our discussions, I have prepared and enclose the documents to vacate a portion of Anthony Lane pursuant to the petition of Accurate Wire Solutions, Inc. Street vacations are governed by Minnesota Statutes § 412.851, which gives the Council the authority to vacate a street by resolution on its own motion or on petition of a majority of the owners of land abutting the street. A petition has been submitted by Accurate Wire Solutions, Inc. If any of the street abutting the property of other owners is to be vacated, you may wish to have them sign a petition. When a petition has been submitted, the resolution may be adopted by a majority vote. For future reference, if there is no petition, the resolution may be adopted only by a vote of four-fifths of all members of the Council. It is necessary to hold a public hearing preceded by two weeks published and posted notice. The statute also requires that notice of hearing be mailed to each property owner affected by the proposed vacation at least 10 days before the hearing. As we discussed, we should have WSB prepare a proper legal description of the area to be vacated and that can then be attached as Exhibit A where indicated in the enclosed documents. This needs to be done before the notice is published. 57 DORSEY & WHITNEY LLP Michael J. Moinson November 1,2000 Page 2 If you have any further questions on this, please give me a call. Ve y y rs, William R. Soth WRS/ms • 8441 Wayzata Boulevard, Suite 350 B.A.N ittelsteadt,P.E. Minneapolis, MN 55426 Bret A.Weiss,P.E. WSB Peter R.Willenbring,P.E. Donald W.Sterna,P.E. tel: 763-541-4800 Ronald B.Bray,P.E. &Associates, Inc. fax: 763-541-1700 November 10,2000 Mr.Mike Mornson City of St Anthony 3301 Silver Lake Road St. Anthony,MN 55418-1699 Re: Accurate Wire Solutions Incorporated Proposed Building Expansion WSB Project No. 1065-01 Dear Mike: We have reviewed the current.request by Accurate Wire Solutions for the City of St.Anthony to vacate a portion of Anthony Lane right-of-way(ROW)to accommodate the proposed building expansion in St. Anthony Industrial Park,Block 2,Lot 3. Based on conversations with Mr.Roger Stoick of Accurate Wire Solutions,they are proposing the following improvements: • Expanding the existing building approximately 100 feet to the north and 70 feet to the west. This results in a 7,000-square foot building addition. • To accommodate this additional building space,additional parking is required. •. They are requesting the City of St.Anthony vacate portions of Anthony Lane ROW to accommodate expansion of,parking. Based on this request and a site review,I offer the following comments: • City of St. Anthony has an existing watermain which runs within the ROW requested to be vacated. • The section of Anthony Lane requested to be vacated is currently a dead-end,and will likely remain as such indefinitely. • Upon vacating the ROW,the north half of Anthony Lane will be turned back to the property owner to the north and the south half to Accurate Wire. Should the City desire to accommodate this request,the following actions are recommended: • The right-of-way could be vacated and a utility easement could be taken over that portion of the right- of-way within which the City's watermain is located. • A driveway easement could be dedicated to ensure that the property located in St.Anthony Industrial Park 2nd Addition,Block 1,Lot 2 is provided access to Anthony Lane. • The proposed building should meet City standards for building setbacks from the rear property line as the City watermain runs.parallel to the eastern lot line. Should the City desire to vacate the Anthony ROW,we anticipate that the cost to prepare the necessary documents will be between$800 to$1,000. If you have any questions regarding this matter,please call me at (763)277-5782. Sincerely, WSB&Associates,Inc. �To b�mer,P.E. Project Engineer c: Roger Stoick,Accurate Wire Solutions jw/nm M i n n e a p o l i s St . C l o u d Infrastructure Engineers Planners F:%WPWM1063-01%1 10600.mmw Fnr r a t nPPnuTT TNTTY EMPLOYER r (il N G) m CD A W W p1 � N - A V. m c7 D H 0 Z THE FOUNDATION Site Plan l" 60' Arch fleets Ica no mile x to P. d ,accurate Wire 5olutions 21 I7�tr iA�lY rai��BIr�11H�odl�ld�woa1�1S10) � 2917 Anthony Lane m FarAndwv=Sr""a r ' r N w M MtI�oriy Le. m m H w 00 .. . c N W Ln s. A • W W r ?sn A*ffg LAW r..`• m 0 0 30 60 THB FOUNDATION 51te Plan V = (00, Archrl.cts i ca:.Yt�a�r. p d Accurate Wire olut10n5 212nWAti�111i*MOPM 291 Anthony I.G�n�i m yk„Al2�ow.V1mM=�f N FarAnda=BMddw: 11/30/00 -61 PROPOSED BUILDING PLAN . FOR 2917 ANTHONY LANE N *WE HAVE APPROXIMATELY 39,000 S.F. OF LAND AT 2917 ANTHONY LANE NORTH WITH AN EXISTING BUILDING ON IT OF APPROXIMATELY 13,500 S.F. *WE WOULD LIKE TO ADD ON APPROXIMATELY 6500 S.F. TO THE EXISTING BUILDING. *WE WOULD LIKE TO OBTAIN APPROXIMATELY 7300 S.F. OF ADJOINING CITY LAND THROUGH THE CITY PROCEDURE OF VACATING THE PROPERTY. *WE ARE INTERESTED IN KNOWING THE LIKELIHOOD OF THIS ADDITION BEING APPROVED IF THE PROPERTY IS VACATED. *IF THE PROPERTY IS VACATED AND THE ADDITION IS APPROVED, WE WOULD HAVE OUR EXISTING BUILDING OF APPROXIMATELY 13,500 S.F. PLUS THE ADDITION OF APPROXIMATELY 6500 S.F. FOR A TOTAL OF 20,000 S.F. ON PROPERTY OF APPROXIMATELY 47,000 S.F. 62 • Ax 2917 Anthony Lane N.E., Minneapolis, MN 55418 Phone: 612-788-2397 • Fax: 612-788-1926 10/31/00 Mr. Mike Morrison City Manager City of Saint Anthony 3301 Silver Lake Road St. Anthony, Mn. 55418 Dear Mike: Enclosed is a check for $500.00 to cover the legal costs related to our"Petition To Vacate"the land described and shown on the attached plat drawing. This petition applies to the two parcels of land adjoining our property to the north and currently designated as a street that was previously scheduled to connect to Roseville. We understand this street will not be completed as the adjoining property in Roseville has • been developed. Our property is described as"That part of lot 3, block 2, St. Anthony Industrial Park, lying Northeasterly of a line drawn from a point on the Northwesterly line of said lot 3, 126.32 feet of Northeasterly from the most Westerly corner of said lot 3, to the Northeasterly corner of lot 2, in said block 2." Please advise if I need to provide further information. We are requesting this land as part of a plan to expand our existing building. We are interested in expanding our parking lot to accommodate our building expansion. Thank you for your"help. Sincerely, �,Y. /_ Ro er.�A. Stoick President 63 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 0 3 DECEMBER 19, 20 4 7:00 p.m. .5 . 1. CALL.TO ORDER. 6 The meeting was called to order at 7:00 p.m. by Chair Bergstrom. 7 2. PLEDGE OF ALLEGIANCE. 8 Chair Bergstrom invited the Commission and the audience to join in the Pledge of Allegiance. 9 3. ROLL CALL. 10 Present: Chair Bergstrom,Vice Chair Melsha;Commissioners Hanson,Hatch 11 (arrived at 7:11 p.m.), Thomas, and Stille 12 Commissioner absent: Tillmann 13 Also present: Assistant City Manager Susan Henry 14 4. PUBLIC INPUT. 15 Chair Bergstrom asked if anyone in the audience was interested in addressing the Planning 16 Commission on issues that were not on the regular meeting agenda. Hearing no comments, Chair 17 Bergstrom moved forward with the agenda. 18 5. APPROVAL OF AGENDA. 19 Henry corrected Item 8.1 by indicating it is a proposal to vacate,rather than purchase,the right-of- 20 way. 21 Motion by Bergstrom, second by Melsha,to approve the meeting agenda with the aforementioned 22 correction. 23 Motion carried unanimously. 24 6. MEETING MINUTES 25 Motion by.Hanson, second by Thomas,to approve the November 21,2000 Planning Commission.. 26 Meeting Minutes as presented. 27 The motion carried unanimously. 28 7. COMMUNICATION FROM CITY COUNCIL. 29 Commissioner Stille agreed to be the Planning Commission representative to the January 9, 2001 30 City Council Meeting. 31 8. PUBLIC HEARINGS. 32 8.1 Accurate Wire Solutions Street Vacation. 64 Commission Meeting g Minutes December 19, 2000 Page 2 • 1 Bergstrom reviewed this issue for the Planning Commission by stating that Accurate Wire Solutions 2 has submitted a formal petition to the City of St. Anthony for a street vacation for Anthony-Lane. .3 Henry explained that with an addition planned by Accurate.Wire Solutions,more parking is needed 4 and necessary(p er City Code for the P etitioner. It was noted that Staff fi nd s it is conducive for the 5 City to grant this request to retain this business and assist with making the necessary 6 accommodations. Thus, staff recommends approval of the street vacation per the City Engineer's 7 comments as contained in his written report. 8 Roger Stoick,President of Accurate Wire Solutions,introduced himself and explained the proposed 9 addition measures 7,000 square feet and to accommodate this,Accurate Wire Solutions is requesting 10 the street vacation from the City. The City Code states required parking is 200 square feet per car. 1 l Accurate Wire Solutions plans to add 20 cars to its parking lot so they would be required to have 12 4,000 square feet for parking. He presented a site plan of their existing building and proposed 13 addition, noting it far exceeds Code requirements since they will have 27,000 square feet available 14 for cars. 15 Thomas asked how many total employees they project in two years. Mr.Stoick stated they currently 16 have 20 employees and the capacity of their organization is for 25 employees. Much of the space • 17 is to store larger products they sell along with taller ceilings to accommodate.more storage. He 18 stated he is unaware of any employees that ride the-bus or bicycle to work.: 19 Bergstrom noted the allowable square footages and parking requirements. He stated if this request 20 is within those requirements for setbacks and lot coverages, only a building permit is needed. Mr. I 21 Stoick stated he believes the request is within the requirements and stated he has not yet selected a 22 builder and will meet with staff with regard to ordinance requirements. 23 Hatch arrived at 7:11 p.m. 24 Stille inquired regarding the location of the property to be vacated. Mr.Stoick identified the location . 25 on the site plan. 26 Nlelsha,noted the letter from WSB regarding their review of this request. .Mr. Stoick stated he has 27 no objection to the suggestions and has already submitted the fee to the City. 28 There being no further questions, Chair Bergstrom closed the public hearing at 7:11 p.m. i 29 Chair Bergstrom noted the City would be giving up this property and asked if this is a reasonable 30 consideration. He stated his view that it would allow an existing business to expand and the property 31 currently serves little public purpose. 0.32 Melsha stated his agreement, noting a pond is located on the other side. Roseville was contacted and indicated it is no longer in their plan 33 Chair Bergstrom noted the City of Rose g p 34 to construct the small stub. 65 Planning Commission Meeting Minutes . December 19, 2000 Page 3 1 2 Motion by Bergstrom, second by Melsha, to recommend that the City of St. Anthony approve the 3 street vacation for St..Anthony-Lane as requested by Accurate Wire Solutions and per the City 4 Engineer's comments as follows: 5 1. The right-of-way be vacated and a utility easement be taken over that portion of the right-of- 6 way within which the City's watermain is located. 7 2. A driveway easement be dedicated to ensure that the property located in St. Anthony 8 Industrial Park 2nd Addition,Block 1, Lot 2, is provided access to Anthony Lane. 9 3. The proposed building meet City standards for building setbacks from the rear property line 10 as the City watermain runs parallel to the eastern lot line. 4. Payment of internal City costs associated with this application. 12 Motion carried unanimously. 13 8.1 Walgreens Development(represented by TOLD Development Company). 14 Chair Bergstrom opened the public hearing at 7:14 p.m. 15 Henry reviewed this issue for the Planning Commission by stating that TOLD Development 16 Company, .representing, Walgreens Development, proposes to .construct a 14,490 square -foot 17 Walgreens store with drive-thru pharmacy on the corner of Silver Lake Road'and 37th Avenue 18 North. It was noted that TOLD Development Company has submitted formal petitions to the City 19 for a petition for rezoning, lot combination, petition for a sign variance, and for a Conditional Use 20 Permit(CUP). Henry noted the background information as contained in staff's report and introduced 21 the applicant. It was noted that staff recommends approval of the development,per staff comments 22 contained in her memorandum,the City Engineer's comments,and 37th Avenue curb cut approval. 23 Mr.Mike Kalscheur of TOLD Development thanked Ms.Henry and Todd Hubmer for their efforts 24 in assisting with the timely review of this full submittal. He presented the proposed site plan,noting 25 the vacant Amoco filling station would be demolished and 265 feet would be obtained from the 26 adjacent parcel and combined into one lot for the construction of a Walgreens store. Mr. Kalscheur 27 noted the realignment of an exit to the east so it better aligns with.Belden Street. He'explained the 28 changes made to address storm water drainage and management. He explained that on sites of.less 29 than five acres, there is usually not a requirement to retain storm drainage or to improve water 30 quality. However, in St. Anthony, guidelines have been enacted so they have added a stormwater 31 retention pond. Mr. Kalscheur stated they still intend to save as many on site trees as possible, 32 noting several will have to be removed to accommodate the storm drainage pond which is as small 33 as possible to meet the City's guidelines. He explained how the storm water will be directed to an 34 existing storm water pipe and advised of their efforts to work with the railroad in case an easement 35 is needed. If they are unable to obtain such an easement,they would propose to connect to the storm • 36 pipe located to the south of this site. 37 In response to Chair Bergstrom, Mr. Kalscheur stated he believes that with either route, the water 38 goes into Silver Lake. 0 I, 0 0 • IX. GENERAL POLICY BUSINESS OF THE COUNCIL. A. Resolution 0 1-0 16 B. Resolution 01-017 C. Resolution 0 1-0 18 66 CITY OF ST. ANTHONY HENNEPIN COUNTY, MINNESOTA RESOLUTION 0 1-0 16 A RESOLUTION CALLING A HEARING ON 2001 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to direction of the City Council of the City of St. Anthony, a report has been prepared with reference to the improvements. 2001 Street Reconstruction,Storm Sewer, Watermain,Sanitary Sewer,Pond Excavation and Appurtenant Work This project consists of street reconstruction and replacement of watermain and storm sewer lines on the following streets: 1. Wilson Street from 29'h Avenue to 30`h Avenue 2. West Armour Terrace from Roosevelt Street to Silver Lake Road 3. 30`h Avenue from Wilson Street to Silver Lake Road 4. Pond Excavation in rear yard areas north of 30`h Avenue,west of Silver Lake; Road, and east of Harding Street(referred to as Harding Street Pond); NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony: 1. The Council will consider the improvement of such street and utilities in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 419 at an estimated total cost of the improvements of$2,020,600. 2. A public hearing shall be held on such proposed improvements on the 13`h day of February, 2001, in the Council Chambers of the City Hall at 7:00 PM or as soon thereafter as possible, and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted this 91h day of January, 2001. Dennis Cavanaugh, Mayor ATTEST: Connie Kroeplin, City Clerk Reviewed for administration: Michael Mornson, City Manager - 7 CITY OF ST.ANTHONY • HENNEPIN COUNTY,MINNESOTA RESOLUTION O1-017 A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT . WHEREAS, costs have been determined for the improvement of- 1. Wilson Street from 29`h Avenue to 30th Avenue; I West Armour Terrace from Roosevelt Street to Silver Lake Road; 3. 30th Avenue from Wilson Street to Silver Lake Road; 4. Pond excavation in rear yard areas north of 30`h Avenue,west of Silver Lake;Road, and east of Harding Street(referred to as Harding Street Pond); and the bid price for such improvements is$1,603,648.50,and the total cost of the improvement will be approximately$2,020,600.00. NOW,THEREFORE,BE IT RESOLVED,by the City Council of St. Anthony, Minnesota: 1 The portion of cost of such improvement to be paid by the City is hereby declared to be$735,309.21 and the portion of the cost to be assessed against benefitted property owners is declared to be$305,535.21. 2. The portion of the cost to be paid by the Minnesota Department of Natural Resources is hereby declared to be$979,755.58. 3. Assessments shall be payable in equal annual installments extending over a period of 15 years,the first of the installments to be payable on or before the first Monday in 2002,and shall bear interest at the rate of 2 percent above the City's borrowing rate at the time the bonds are issued. 4. The consulting engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot,piece or parcel of land within the district affected,without regard to cash valuation,as provided by law,and the City Clerk shall file a copy of such proposed assessment in the office for public inspection. 5. The City Clerk shall upon the completion of such proposed assessment,notify the Council thereof. Adopted this 90'.day of January,2001. Dennis Cavanaugh, Mayor ATTEST: Connie Kroeplin,City Clerk • Reviewed for administration: Michael Morrison,City Manager 6 CITY OF ST.ANTHONY • HENNEPIN COUNTY,MINNESOTA RESOLUTION 01-018 A RESOLUTION CALLING A HEARING ON PROPOSED. ASSESSMENT FOR 2001 STREET AND UTILITY IMPROVEMENTS WHEREAS, by direction of the City Council of the City of St.Anthony,a proposed assessment of the cost of the following improvements has been prepared: 2001 Street and Utility Improvements Project 1. Wilson Street from 29`h Avenue to 30`h Avenue; 2. West Armour Terrace from Roosevelt Street to Silver Lake Road; 3. 30"Avenue from Wilson Street to Silver Lake Road; 4. Pond excavation in rear yard areas north of 30'h Avenue,west of Silver Lake;Road, and east of Harding Street(referred to as Harding Street Pond); NOW,THEREFORE,BE IT RESOLVED,by the City Council of St.Anthony,Minnesota: 1. A hearing shall beheld on the 13`h day of February,2001 in the City Council Chambers at 7:00 P.M.,or as soon thereafter as possible,to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published twice in the official newspaper at least two weeks prior to the hearing,and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than 10 days prior to the hearing. 3. The owner of any property so assessed may,at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment,to the City Clerk,except that no interest shall be charged if the entire assessment is paid by November 14`h of the assessed year. The owner may,at any time thereafter,pay to the Finance Director the entire amount of the assessment remaining unpaid,with interest accrued to December of the year in which such payment is made. Such payment must be made before November 14`h or interest will be charged through December 31'of the succeeding year. Adopted this 9'h day of January,2001. Dennis Cavanaugh,Mayor ATTEST: • Connie Kroeplin,City Clerk Reviewed for administration: Michael Mornson,City Manager X. REPORTS FROM COMMISSIONS AND STAFF. _ A. Planning Commission - December 19, 2000 1 . Resolutions relating to Walgreens: 01-020; 01-021 ; 01-022; and, 01-023 69 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 03 DECEMBER 19, 2000 4 7:00 p.m. 5 1. CALL TO ORDER. 6 The meeting was called to order at 7:00 p.m. by Chair Bergstrom. 7 2. PLEDGE OF ALLEGIANCE. 8 Chair Bergstrom invited the Commission and the audience to join in the Pledge of Allegiance. 9 3. ROLL CALL. 10 Present: Chair Bergstrom,Vice Chair Melsha;Commissioners Hanson,Hatch 11 (arrived at 7:11 p.m.), Thomas, and Stille 12 Commissioner absent: Tillmann 13 Also present: Assistant City Manager Susan Henry 14 4. PUBLIC INPUT. 15 Chair Bergstrom asked if anyone in the audience was interested in addressing the Planning 16 Commission on issues that were not on the regular meeting agenda. Hearing no comments, Chair 17 Bergstrom moved forward with the agenda. 18 5. APPROVAL OF AGENDA. 19 Henry corrected Item 8.1 by indicating it is a proposal to vacate,rather than purchase,the right-of- 20 way. 21 Motion by Bergstrom, second by Melsha,to approve the meeting agenda with the aforementioned 22 correction. 23 Motion carried unanimously. . 24 6. MEETING MINUTES 25 Motion by Hanson, second by Thomas, to approve the November.21, 2000 Planning Commission 26 Meeting Minutes as presented. 27 The motion carried unanimously. 28 7. COMMUNICATION FROM CITY COUNCIL. 29 Commissioner Stille agreed to be the Planning Commission representative to the January 9, 2001 30 City Council Meeting. 4031 8. PUBLIC HEARINGS. 32 8.1 Accurate Wire Solutions Street Vacation. 70 Planning Commission Meeting Minutes December 19, 2000 Page 2 l Bergstrom reviewed this issue for the Planning Commission by stating that Accurate Wire Solutions 2 has submitted a formal petition to the City of St. Anthony for a street vacation for Anthony-Lane. 3 Henry explained that with an addition planned by Accurate Wire Solutions,more parking is needed 4 and necessary(per City Code)for the petitioner. It was noted that Staff finds it is conducive for the 5 City to grant this request to retain this business and assist with making the necessary 6 accommodations. Thus, staff recommends approval of the street vacation per the City Engineer's 7 comments as contained in his written report. 8 Roger Stoick,President of Accurate Wire Solutions,introduced himself and explained the proposed 9 addition measures 7,000 square feet and to accommodate this,Accurate Wire Solutions is requesting 10 the street vacation from the City. The City Code states required parking is 200 square feet per car. 1 l Accurate Wire Solutions plans to add 20 cars to its parking lot so they would be required to have 12 4,000 square feet for parking. He presented a site plan of their existing building and proposed 13 addition, noting it far exceeds Code requirements since they will have 27,000 square feet available 14 for cars. 15 Thomas asked how many total employees they project in two years. Mr. Stoick stated they currently 16 have 20 employees and the capacity of their organization is for 25 employees. Much of the space 17 is to store larger products they sell along with taller ceilings to accommodate more storage. He •18 stated.he is unaware of any employees that ride the bus or bicycle to work. 19 Bergstrom noted the allowable square footages and parking requirements. He stated if this request 20 is-within those requirements for setbacks and lot coverages, only a building permit is needed. Mr. 21 Stoick stated he believes the request is within the requirements and stated he has not yet selected a 22 builder and will meet with staff with regard to ordinance requirements. 23 Hatch arrived at 7:11 p.m. 24 Stille inquired regarding the location of the property to be vacated. Mr.Stoick identified the location 25 . on the.site plan. 26 Melsha.noted the letter from WSB regarding their review of this request: Mr. Stoick stated he has 27 no objection to the suggestions and has already submitted the fee to the City. 28 There being no further questions, Chair Bergstrom closed the public hearing at 7:11 p.m. 29 Chair Bergstrom noted the City would be giving up this property and asked if this is a reasonable 30 consideration. He stated his view that it would allow an existing business to expand and the property 31 currently serves little public purpose. •32 Melsha stated his agreement, noting a pond is located on the other side. 33 Chair Bergstrom noted the City of Roseville was contacted and indicated it is no longer in their plan 34 to construct the small stub. 71 Planning Commission Meeting Minutes December 19, 2000 Page 3 1 2 Motion by Bergstrom, second by Melsha, to recommend that the City of St. Anthony approve.the 3 street vacation for St. Anthony Lane as requested by Accurate Wire-Solutions and per the City . 4 Engineer's comments as follows: 5 1. The right-of-way be vacated and a utility easement be taken over that portion of the right-of- 6 way within which the City's watermain is located. 7 2. A driveway easement be dedicated to ensure that the property located in St. Anthony 8 Industrial Park 2nd Addition, Block 1, Lot 2, is provided access to Anthony Lane. 9 3. The proposed building meet City standards for building setbacks from the rear property line 10 as the City watermain runs parallel to the eastern lot line. 1 l 4. Payment of internal City costs associated with this application. 12 Motion carried unanimously. 13 8.1 Walgreens Development(represented by TOLD Development Company). 14 Chair Bergstrom opened the public hearing at 7:14 p.m. 15 Henry reviewed this issue for the Planning Commission by stating that TOLD Development 1016 Company, representing Walgreens Development, proposes to construct a 14,490 square foot 17 Walgreens store with drive-thru pharmacy on the corner of Silver Lake Road and 37th Avenue 18 North. It was noted that TOLD Development Company has submitted formal petitions to the City 19 for a petition for rezoning, lot combination, petition for a sign variance, and for a Conditional Use 20 Permit(CUP). Henry noted the background information as contained in staff s report and introduced 21 the applicant. It was noted that staff recommends approval of the development,per staff comments 22 contained in her memorandum,the City Engineer's comments,and 37th Avenue curb cut approval. 23 Mr. Mike Kalscheur of TOLD Development thanked Ms. Henry and Todd Hubmer for their efforts 24 in assisting with the timely review of this full submittal. He presented the proposed site plan,noting 25 the vacant Amoco filling station would be demolished and 265 feet would be obtained from the 26 adjacent parcel and combined into one lot for the construction of a Walgreens store. Mr. Kalscheur 27 noted the realignment of an exit to the east so.it better aligns with Belden Street. He explained the 28 changes made to address storm water drainage and management. He explained that on sites of less 29 than five acres, there is usually not a requirement to retain storm drainage or to improve water 30 quality. However, in St. Anthony, guidelines have been enacted so they have added a stormwater 31 retention pond. Mr.'Kalscheur stated they still intend to save as many on site trees as possible, 32 noting several will have to be removed to accommodate the storm drainage pond which is as small 33 as possible to meet the City's guidelines. He explained how the storm water will be directed to an 34 existing storm water pipe and advised of their efforts to work with the railroad in case an easement 35 is needed. If they are unable to obtain such an easement,they would propose to connect to the storm 36 pipe located to the south of this site. 037 In response to Chair Bergstrom, Mr. Kalscheur stated he believes that with either route, the water 38 goes into Silver Lake. 72 Planning Commission Meeting Minutes December 19, 2000 Page 4 1 Mr. Kalscheur pointed out the location of a two-lane drive-thru to the north side of the building that 2 would be used for drop off only. He noted this location should not impact the trees or view i6the 3 : residential area..He stated the west side contains.the loading and refuse storage areas. The refuse 4 area is screened by a matching brick screening wall. Mr. Kalscheur stated it was mentioned at the -5 neighborhood meeting that people have been seen digging in the garbage dumpsters so they will 6 assure it is a secured and well lit area. He stated it was also brought to their attention that residents 7 do not want too much lighting. Mr.Kalscheur stated they will reach an appropriate level of lighting 8 to assure safety while not creating too intense lighting. He noted the locations of the perimeter 9 shoebox style of lighting fixture which is the same fixture the City used farther north on Silver Lake 10 Road. He stated this type of lighting will not result in spill-over lighting outside of their site. Mr. 1l Kalscheur presented a picture of the interior site lighting fixtures which are felt to be more 12 aesthetically pleasing. 13 Thomas stated the Vernon style of lighting fixture was desired for the main thoroughfares of St. 14 Anthony,such as along Silver Lake Road. It is being proposed this type of lighting would be on the 15 bridge, however, a shoebox style of lighting is being proposed at the entry points. Mr. Kalscheur 16 noted the Vernon style of lighting will be just off the property lines to assure the requirements of the 17 Zoning Ordinance on foot candles at the property line is met. 18 Chair Bergstrom reviewed the areas where Ramsey County is placing Vernon lighting fixtures. He •19 stated the City requested to participate in doing an enhanced design of the bridge but he has not yet 20 seen those lighting fixtures. 21 Thomas stated the Vernon style of lighting was selected since it shines the majority of lighting 22 toward the ground and does not spill off the lot boundaries. He stated his preference to not use 23 shoebox style lighting fixtures at the entrance points since it may not match the lighting fixtures for 24 the bridge. 25 Chair Bergstrom suggested Mr.Kalscheur talk about this with Mr.Hartman or Dan Soler of Ramsey 26 County. Mr. Kalscheur stated he did meet with Mr. Hartman who recommended these lighting 27 fixtures. He stated they will revisit this issue and would consider another alternative if it is found 28 to be better. 29 Thomas asked if'a barrier will be created around the retainage pond. Mr. Kalscheur stated the 30 retainage pond will have standing water so they will fence it. Chair Bergstrom noted the pond will 31 create 5:1 slopes. Mr. Kalscheur stated that is correct and they will have significant retaining walls 32 on the north and west property lines. 33 Chair Bergstrom asked if the north property line will be fenced. Mr. Kalscheur stated if there is a 34 significant drop in elevation from the retaining wall to the site, it will be fenced. •35 Hanson asked if a loud speaker system will be needed at the drive-thru. Mr.Kalscheur explained the 36 outside lane is intended for drop off only so they do not anticipate a loud speaker system. If one 37 were needed, it would be directed toward the railroad so it would not bother anyone. 73 Planning Commission Meeting Minutes December 19, 2000 Page 5 1 Thomas asked where the parking lot runoff will be directed during a heavy rain. Mr. Kalsch�uf 2 stated the intent is to have all runoff travel through the retainage pond prior to entering the City's 3 storm water system. . 4 Chair Bergstrom stated this is within the Rice Creek Watershed District who will need to approve 5 the grading plan. He reviewed a past project that had problems since the grading did not match the 6 plans submitted and approved. 7 Henry noted the point on Page 2 of engineer's letter addressing grading and need to finesse the 8 grading for the site. 9 Mr.Kalscheur stated their intent to continue to work closely with WSB on the grading issues,noting 10 there may be minor grading modifications that will be accommodated. He noted the location of the 11 monument sign and explained that in keeping with the sale of this building,they are asking for a sign 12 variance to allow 50 square feet of copy per side. It was noted that 34-square feet per side is allowed 13 by the Code. Mr. Kalscheur explained that while Walgreens is a stand alone retail store, it is unlike 14 a Target type of operation. He noted the ordinance allows up to 150 square feet per sign for a strip 15 center up to 75,000 square feet and they are asking for 50 feet per square side. He stated they 16 understand the City's concern for pylon signs, and would ask that their monument sign be allowed 17 to have an electronic readerboard. Mr. Kalscheur explained that since electronic readerboards are •18 not called out specifically in the Ordinance;they are disallowed. He suggested it is not the same 19 type of sign as a"flashing light sign" and indicated they would agree to have the message remain 20 for a specified interval of time. 21 Mr.Kalscheur presented their proposed building signs,noting it is less than five percent. He asked 22 the Commission to use their discretion to consider the requested sign variance that incorporates an 23 electronic readerboard. He drew the Commission's attention to a sample showing a driftwood 24 colored brick and stated they are proposing to use a brick that is slightly darker and called shadow 25 gray. He pointed out the architectural elements they will incorporate that make it a better fit for this 26 location. 27 Hatch asked if the roof will contain any,heating or cooling equipment. Mr. Kalscheur stated the 28' roofline'contains a small parapet which fully screens the rooftop equipment. 29 Hatch asked if the west end of the property will be elevated to even out the grade. He noted if that 30 is done it will create a large wall of dirt on the west end. He also asked if the pond will be lined to 31 protect the trees from saturation. Mr. Kalscheur stated the Amoco property was deemed to be 32 contaminated at one time and has now been cleaned. Thus,they will need to work with the PCA on 33 this site and if the pond needs to be lined,it will be done. He stated the pond will need to hold water 34 so he expects it will be lined but he will pose these questions to their engineers. •35 Thomas asked what the elevations will look like. Mr. Kalscheur stated they will match the grades 36 on the western side,noting this grading plan will raise the site three to four feet on the western edge. 37 However, they will address that issue with WSB prior to a design being submitted for a building 38 permit. 74 Planning Commission Meeting Minutes ' December 19, 2000 Page 6 • 1 Melsha asked if the sign is located within the right-of-way. Mr. Kalscheur stated it is located on. 2 their property, not within the right-of-way. 3 Stille asked if the sign will be.two-sided.and face Silver Lake Road. Mr._ Kalscheur answered 4 affirmatively stating it will run in an east/west direction. 5 Shawn Egli,3640 Silver Lake Road,stated he lives across the street from this site and had concerns 6 about the level of lighting. He stated he has seen people coming from the area of the railroad. He 7 asked what will happen with the bus stop and if other stores will sublease from Walgreens, such as 8 a Starbucks Coffee. Mr. Egli also asked if a mailbox will be installed as a substation. 9 Mr. Kalscheur stated he is not aware of anyone else subleasing from Walgreens so that is not 10 expected. 11 Chair Bergstrom explained if it was subleased, that would have to come before the City again for 12 signage and other issues. 13 With regard to hours of operation,Mr.Kalscheur stated they will be open to 11:00 p.m.but the hours 14 may be scaled back on weekends. He reiterated this will not be a 24-hour store. Chair Bergstrom 15 stated that issue will be included in the development agreement. • lighting be turned off or scaled back after the store closes. Mr. 16 Mr. Egli asked that the parking lot lig g 17 Kalscheur stated it is their practice to do so. Chair Bergstrom noted that some parking lot lighting 18 may be needed for security purposes. Mr. Kalscheur stated their average parking lot lighting is 19 under 3 foot candles. 20 Mr. Kalscheur stated they will agree that Walgreens will not be a 24 hour store at this time. 21 However,Walgreens is committing to a 25 year lease and if,at some point in the future,the 24 hour 22 store is desired,they would like the ability to make that request before the City at that time. Chair 23 Bergstrom stated the opportunity for a modification request is always present. 24 Chair Bergstrom reviewed the luminaire plan,noting the intensity of lighting drops off significantly 25 as it approaches the site boundaries. He stated the City will assure the management of parking lot 26 lighting is addressed so resident's concerns are resolved. 27 Mr.Egli asked if the pond management includes mosquito control. Chair Bergstrom explained that 28 the Metropolitan Mosquito Control District regulates that and if it becomes a problem,the City could 29 request treatment of this pond. 30 Mr. Egli stated his support for the Walgreens project if the resident's concerns are resolved. • 31 Chair Bergstrom stated he is not aware of the plans for a potential bus shelter since that is regulated 32 by Metro Transit. 75 Planning Commission Meeting Minutes December 19, 2000 Page 7 • 1 Mr. Egli stated his preference that the exit not be aligned so vehicle headlights shine into._their 2 homes. Mr. Kalscheur noted the existing access point and the proposed shift to the west by about 3. ten feet. . 4 Mr. Egli stated his concern about cars rushing to make the traffic signal lights and the possibility of 5 installing a turn lane to allow turns into this site. Mr. Kalscheur stated he thinks their traffic levels 6 will be less than with Amoco. Chair Bergstrom stated he does not think the road is wide enough to 7 accommodate a turn lane. 8 Mr. Egli stated it would be nice if Walgreens could have a mail drop box. Mr. Kalscheur stated 9 Walgreens is based on convenience and the best method is for a customer to raise that need to the 10 Store Manager. He stated he will also raise this option to Walgreens. 1 l There being no further comment, Chair Bergstrom closed the public hearing at 8:05 p.m. 12 Chair Bergstrom noted the need to address the rezoning, sign variance, and CUP but not the 13 subdivision lot combination issue. 14 Hanson asked if the rezoning can be considered prior to lot combination. Chair Bergstrom reviewed 15 the City Attorney's recommendation that the lot combination can. be accomplished without. •16 consideration before the Planning Commission or City Council. He noted the request is to rezone 17 the eastern most lot of Mr. Solie's property which Walgreens is buying. The Amoco parcel is 18 already appropriately zoned. Chair Bergstrom noted the rezoning request is consistent with the 19 general development of this area and would result in a minor amendment to the Comprehensive Plan. 20 Thomas stated his support to consider the requested rezoning,stating it makes sense for this general 21 area including Apache Plaza. 22 Stille asked he thinks it makes no sense to keep the other lot industrial and he supports the rezoning. 23 Motion by Hanson, second by Stille, to recommend approval of the rezoning of Lot 3, Block 1, 24 Apache Terrace 2nd Addition, from an Industrial zoning district to a Commercial zoning district 25 . based on the finding that it is consistent with further development of the Apache Mall area including 26 the northwest quadrant, it is not anticipated to be detrimental to the City, it provides a service to 27 residents in the northern part of St. Anthony Village, and while it is not currently planned to be 28 rezoned commercial in the Comprehensive Plan,it is consistent with the general development of the 29 area anticipated in the Comprehensive Plan. 30 Motion carried unanimously. 31 Chair Bergstrom complimented Mr. Kalscheur for not proposing a pylon sign. He stated Mr. 32 Kalscheur makes an interesting observation about the size of this building related to the sign square 33 footage. He also complimented Mr. Kalscheur on the design for limited wall signage. Chair 34 Bergstrom noted the issues related to the sign include consideration of a variance for square footage 35 and the readerboard feature which is not identified specifically within the Sign Ordinance. 76 Planning Commission Meeting Minutes December 19, 2000 Page 8 1 Melsha stated his concern with articulating a finding of hardship. He stated he finds it to be a 2 reasonable argument that this may be similar to a strip mall. 3 Mr.Kalscheur asked if it would make more sense to change the Sign Ordinance or request a variance. . 4 to the ordinance. He stated they feel the Sign Ordinance should be looked at in this regard but with 5 pending changes coming to the Sign Ordinance, it seemed a variance was the appropriate request. 6 Mr. Kalscheur agreed that the hardship criteria is the most difficult to prove with any request. He 7 commented on the importance of signage for retail businesses and the level of.sales that needs to 8 occur for a successful retail operation. He stated he hopes the Commission can use its discretion to 9 redefine this use as a strip mall or neighborhood shopping center. 10 Thomas stated he has no problem with a 50 square foot sign but is not convinced the City should go 11 with an electronic readerboard. He noted the need for a City policy addressing readerboards prior 12 to considering variances. He stated if the City were to revise the ordinance to allow readerboards, 13 he would argue that it must have a public service component (such as advising of municipal 14 meetings)and that the signage not be changed very often. He noted the location of other commercial 15 districts that had no electronic readerboards. 16 Chair Bergstrom stated it is appropriate to consider giving credit from the unused wall signage 017 toward monument.signage which.lobbies for being able to consider the square footage variance. 18 Also, this site will be difficult to redevelop for many reasons and, yet, the City wants to promote 19 redevelopment. On the electronic readerboard issue,he noted the City will be addressing that issue 20 and he thinks the ordinance may be revised to allow some type of electronic readerboard signage. 21 Because of that, he would prefer to not consider an electronic readerboard request prior to that 22 consideration. 23 Hanson stated he is also comfortable with considering a larger sized sign but not an electronic 24 readerboard. He noted the Northtown Walgreens has a monument sign, not a pylon sign, with no 25 readerboard feature. Hanson pointed out the anticipated Walgreens opening in February of 2001 26 which would allow time for the City's consideration of the Sign Ordinance. 27 Mr. Kalscheur stated that would be agreeable with him. 28 Stille asked if the Commission should take a more liberal look at considering this to be a shopping 29 center site and allowing credit from the unused wall signage. He stated his preference to get away 30 from a variance since a hardship cannot be found. 31 Chair Bergstrom noted that shopping centers over 75,000 are allowed to have pylon signs. He stated 32 he believes there are some hardships with this request that would be articulated. 33 Melsha stated he is not comfortable with categorizing this as a strip mall because it does not meet • 34 that definition. 35 Hanson suggested if the sign ordinance is not being considered for approval, it be passed onto the 36 Council who can consider this discussion in their decision. He stated he does not believe this Planning Commission Meeting Minutes 77 December 19, 2000 Page 9 t consideration will result in the delay of this project. Hanson stated his support to not consider this- 2 sign variance since the Sign Ordinance will be considered during the next several months and would 3 not delay ground breaking. 4 Mr. Kalscheur stated ground breaking is slated for spring but their concern is the lease signage 5 component. Due to the importance of signage to Walgreens,it is an integral component to the lease 6 and those negotiations. He stated they could withdraw the electronic readerboard variance request 7 to allow time for the City to address that issue and apply only for the 50 square feet of sign copy per 8 side. 9 Hatch noted that if the electronic sign area is removed, the square footage per side is within five 10 square feet. However, if the electronic readerboard is approved at this point, it cannot be changed 11 after the ordinance is considered for revision. He stated his preference to not consider either the sign 12 variance or electronic readerboard request at this time. 13 Chair Bergstrom stated that while the Commissioners are sympathetic, it is being voiced that 14 meeting the hardship criteria will be difficult to meet. 15 Mr. Kalscheur thanked the Commission for their consideration and explained that out of obligation 016 to`their.client.and in consideration of timing, he would like to move forward to the Council.even if 17 the Planning Commission recommendation is for denial. 18 Bergstrom stated he believes a hardship exists since the City is interested in getting this property 19 redeveloped and this is not an easy parcel to develop for many reasons. Also, Walgreens has 20 considerably reduced their wall signage with respect to what is allowable. Thus,he would consider 21 allowing more on the monument sign since the total square footage is still well below what is 22 allowed in the ordinance. However, he would not support the electronic readerboard sign feature. 23 Hanson asked Mr.Kalscheur if it would be beneficial to advise his clients that while the sign square 24 footage was allowed, the electronic readerboard was not considered. 25 Thomas stated he could support 50 square feet of signage but,not the electronic readerboard feature. 26 Motion by Thomas, second by Bergstrom, to recommend approval of a sign variance to allow for 27 a ground (or monument) sign consisting of 50 square feet of copy on each side, for a total surface 28 copy area of 100 square feet,without any electronic reader board on each side,based on the finding 29 that this is a difficult property to redevelop,this parcel is unique in nature,denying this variance also . 30 impacts the economic viability of the development,the development is of benefit to the St. Anthony 31 Village, and a number of sign ordinance variances have been granted to other businesses within the 32 vicinity. • 33 Stille stated he would like to review previous sign variances granted and discuss whether the Sign 34 Ordinance should be amended to allow additional square footage. He stated that while he is not 35 opposed to this sign variance request, he would prefer to define the hardship issue. Planning Commission Meeting Minutes . 78 December 19, 2000 Page 10 1 Chair Bergstrom agreed that it may be timely to review the Sign Ordinance in that regard. 2 3 ayes (Hanson, Thomas, Bergstrom), 3 nays (Melsha, Hatch, Stille). Motion failed. 3 Chair Bergstrom clarified there may be outdoor speakers that are similar to that used at a bank. Mr. 4 Kalscheur answered affirmatively. 5 Hanson stated his support for hours of operation of 7:00 a.m. to 11:00 p.m. 6 Motion by Bergstrom,second by Melsha,to recommend approval of a conditional use permit for the 7 construction of a 14,490 square foot Walgreens store,on the corner of Silver Lake Road and 37th 8 Avenue North with a two lane drive-thru pharmacy on the north side of the building, based on the 9 finding that the use is not detrimental or injurious,the use is necessary and desirable at this location, 10 and subject to staff comments contained in its memorandum, the City Engineer's December 7 and 1 l December 19, 2000 comments, and the following conditions: 12 1. The proposed westerly entrance to the site from 37th Avenue NE be aligned with Belden 13 Drive on the south side of 37th Avenue NE. 14 2. Access permits to Silver Lake Road be acquired from Ramsey County and City access permit 15 for 37th Avenue NE, and copies submitted to the City of St. Anthony. • 16 3. The proposed site discharges-directly to Silver Lake. Therefore, treatment to NURP 17 recommended standards will be required. However,due to site restrictions,a 5:1 slope could 18 replace the 10:1 bench requirement at the normal water elevation. 19 4. The developer receiving approval of the development plan from the MPCA. 20 5. Due to existing soil contamination,the pond be lined to address any concerns of the MPCA. 21 6. The outlet from the proposed ponding area should provide skimming for floatable materials. 22 This may be accomplished by submerging the outlet pipe below the normal water elevation. 23 In regard to the proposed outlet structure, the top of casting on the manhole should be an 24 open grate set at an elevation below the overflow so as to provide an emergency outlet in the 25 case that the primary outlet is plugged or iced up during spring conditions. 26 7. Lighting be consistent with City and Ramsey County lighting standards for Silver Lake Road 27 as judged by Dan Soler and/or Jay Hartman and in coordination with lighting standards on 28 37th Avenue NE. 29 8. The hours of operation will be from 7:00 a.m. to 11:00 p.m. 30 9. Conditions listed in the letter from Dorsey & Whitney LLP of November 9, 2000, relating 31 to 20 foot utility easement along the east line of Lot 3 property line to be incorporated into 32 the conditional use permit. 33 10. All elements in design and submittals for application to be incorporated into the conditional 34 use permit. 35 Motion carried unanimously. 036 9. NEW APPLICATIONS. 37 None. Planning Commission Meeting Minutes December 19, 2000 Page 11 1 10. OTHER ITEMS. 2 10.1. City Monument Sign Subcommittee Update. 3 10.2 Electronic Signs- Issues Report. 4 Bergstrom noted the information contained in the meeting packet. He explained that he and Stille 5 put some thoughts together in a cover letter and a number of issues have been identified that need 6 to be looked at. He stated they met with the Director of Public Works who staked an area where the 7 City would like to erect an electronic readerboard sign. A sign company then set up a portable 8 readerboard sign but it was found the location was not the best due to limited visibility. He noted 9 the staff suggestions as contained in the December 12, 2000 memorandum as to issues that should 10 be considered which relate to electronic signs. Bergstrom also noted the draft language proposed I l and requested input so a recommendation can be formulated for the Council. 12 Hatch expressed concern with regard to aesthetics, noting the need for consistency. He stated he 13 would like to see colored photographs of signs showing different colored lettering. He stated that 14 LED signs may be preferable. Hatch noted another consideration is if the sign serves the public 15 interest. 16 Bergstrom agreed the school and city have a higher threshold of informing the public which is 17 different than signs used for retail sales. He stated the issue is whether it serves the public interest. 18 to allow commercial operations to have electronic readerboards. He stated.he does riot think it is a �19 bad thing as long as the issues of aesthetics are properly addressed..'Bergstrom noted the League of 20 Minnesota Cities was contacted for samples of sign ordinances that regulates electronic readerboards 21 and it was found that the requirements varied greatly. He noted the suggestion is to not allow 22 scrolling readerboards. 23 Hanson stated he struggles with the need to allow any electronic readerboards given the village 24 atmosphere of St. Anthony. 25 Thomas stated he is not convinced it is the route to go, noting the level of media pollution that 26 currently exists. On the other hand,if the Council decides to approve it,he believes there should be 27 a required public service component even if it is to advertise the dates of municipal meetings. 28 Henry stated there are Walgreen signs without the.electronic readerboard component. 29 Thomas agreed that electronic readerboards eliminate the concern with vandalism. Hatch questioned 30 the level of vandalism with the Stonehouse sign. 31 Thomas stated if it is approved,the issue of aesthetics would need to be fully addressed. 32 Melsha stated that depending on what is allowed,he may prefer an electronic readerboard which may 33 look better than signs with moveable letters. 034 Hatch suggested the use of smoked glass to filter the glare of exposed light bulbs. Bergstrom agreed 35 with the need to control color and intensity. Planning Commission Meeting Minutes .80 December 19, 2000 Page 12 1 Stille stated flashing signs are currently allowed as long as they are temporary so the City may want. 2 to consider if that type of sign is necessary in St. Anthony. 3 . Chair Bergstrom thanked the Commissioners for their input and stated a draft will be submitted for 4 review. 5 10.3 Antenna/Tower Subcommittee Update. 6 Melsha presented the anticipated time line for adoption of a new antenna/tower ordinance which 7 anticipates approval by March of 2001. 8 Hatch commented on the scenario of a pole owner requiring an exorbitant fee for a co-location and 9 possible regulations that can be placed to prohibit that from occurring. He stated the industry is 10 moving towards digital service which requires shorter poles. 11 Thomas raised the option of wireless components on light poles. Bergstrom stated that relates to 12 wireless internet,not cellular telephones. He noted this points out the uncertainty in these fields of 13 technology. 14 Thomas asked if there was discussion of citing them on City-owned property so there is municipal 15 control and possible revenue producing opportunities. Hatch stated that was discussed,noting these - • 16 requests cannot be denied and areas must be allowed for towers. However, issues of safety need to 17 be addressed. He stated he leans toward lower towers with stealth technology. 18 Thomas stated most of the sites have been in the northwest quadrant and asked if it could be 19 addressed by the planning team for the northwest quadrant. Bergstrom explained those locations are 20 in-fill areas that have a weak signal. 21 Bergstrom suggested that a consultant with expertise in this area be considered to answer these 22 questions and advise of the options available. 23 Melsha asked if the LMC has resources available. Henry stated she will contact them and report 24 back. 25 Bergstrom stated he finds the proposed time line to be quite ambitious but believes it is a good start. 26 11. OTHER ITEMS. 27 11.1 New Chair: Goal Setting Session- January 19, 2001, 9:00 a.m. - 3:30 p.m. 28 Bergstrom noted the upcoming goal setting session scheduled at the Sheraton on January 19, 2001 29 from 9:00 a.m. to 3:30 p.m. 30 12. COMMISSION INPUT. 31 12.1 Commissioner's Comments. 32 Stille stated he has enjoyed working with Chair Bergstrom and appreciates his knowledge of St. 33 Anthony. He added that Bergstrom will be greatly missed. Planning Commission Meeting Minutes December 19, 2000 -. Page 13 1 Hatch concurred and added his appreciation. Hatch noted the Council comment indicating Eagle 2 Scouts are looking for a project. He asked if there are any surveys or drain stenciling activities that 3 could be offered. 4 Chair Bergstrom stated it has been his pleasure and honor to work with the Planning Commissioners 5 but he knows all are.dedicated and fully functional Planning Commissioners so the Commission will 6 be left in good hands. 7 Melsha added his appreciation to Chair Bergstrom for his leadership and shared knowledge. He 8 stated it will be difficult to fill that void. 9 Thomas concurred and commented on a past meeting he had with Bergstrom who provided a history 10 of a certain development which he found to be greatly beneficial. Thomas stated his support to 11 consider the use of Eagle Scouts for a stenciling project. 12 Hanson thanked Bergstrom for his years of service and leadership. 13 Hanson advised of his discussion with the librarian who indicated Hennepin County Commissioners 14 have approved funding for relocation of the library to a larger space within the Apache Mall. It was 15 also indicated the floor plan will include a meeting space. Hanson stated there is also a new State 16 Tarim agent in the Apache Mall. He reviewed a recent newspaper article-announcing the location of 17 a multi-workout gym within the Apache Mall. 18 Hanson asked that an upcoming agenda item include a goal setting session for 2001 and that copies 19 of past goals be provided to the Commission. 20 Henry stated she is pleased to be here tonight and part of the Planning Commission group. 21 13. ADJOURNMENT. 22 Motion by Bergstrom, second by Hatch, to adjourn the meeting at 9:25 p.m. 23 Motion carried unanimously. 24 Respectfully submitted, 25 Carla Wirth 26 Timesaver Off Site Secretarial, Inc. • . 82 CITY OF ST. ANTHONY RESOLUTION 01- 0. 20 A RESOLUTION TO REZONE LOT 3, BLOCK 1, APACHE TERRACE,2ND ADDITION FROM INDUSTRIAL TO COMMERCIAL WHEREAS, TOLD Development Company(the petitioner), representing Walgreens, plans to construct a 14,490 square foot building at the corner of Silver Lake Road and 37th Avenue Northeast; WHEREAS, the petitioner is requesting that Lot 3,Block 1,Apache Terrace, 2nd Addition be combined with Lot 2, Block 2,Apache Terrace(Amoco site); WHEREAS, a public hearing was held by the Planning Commission on December 19, 2000; WHEREAS, the petitioner's intent to purchase both properties is contingent upon necessary city approvals; WHEREAS, the rezoning will not be detrimental to the City; WHEREAS, the rezoned area will provide a service to residents in the northern portion of St. Anthony, WHEREAS, the area is consistent with the general development anticipated in the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that in agreement with the findings of the Planning Commission at their December 19, 2000, meeting, the City Council of the City of St. Anthony hereby approves the rezoning of the property located at Lot 3, Block 1, Apache Terrace Addition, from an Industrial to a Commercial zoning district. Adopted this day of , 2001. Mayor ATTEST: City Clerk Reviewed by Administration: City Manager • CITY OF ST. ANTHONY RESOLUTION—01- 021 . A RESOLUTION TO COMBINE LOT 3, BLOCK 1, APACHE TERRACE, 2ND ADDITION WITH LOT 2, BLOCK 1, APACHE TERRACE WHEREAS, TOLD Development Company(the petitioner),representing Walgreens, plans to construct a 14,490 square foot building at the corner of Silver Lake Road and 37th Avenue Northeast; WHEREAS, the petitioner is requesting that Lot 3, Block 1,Apache Terrace, 2nd Addition be combined with Lot 2, Block 2, Apache Terrace(Amoco site); WHEREAS, the petitioner's intent is to purchase both properties; WHEREAS, the two parcels can be combined administratively, so it will not be necessary to replat; NOW, BE IT RESOLVED, the City Council of the City of St. Anthony hereby approves the combination of the.property located at Lot 3, Block 1, Apache Terrace Addition with Lot 2, Block 1, Apache Terrace (Amoco site). • Adopted this day of 12001. Mayor Attest: City Clerk Reviewed by Administration: City Manager 84 CITY OF ST. ANTHONY RESOLUTION—01-.022 A RESOLUTION PERTAINING TO A CONDITIONAL USE PERMIT FOR WALGREENS WHEREAS, TOLD Development Company(the petitioner), representing Walgreens, plans to construct a 14,490 square foot building at the corner of Silver Lake Road and 37th Avenue Northeast; WHEREAS, the petitioner is requesting a conditional use permit to allow for a two-lane drive-thru pharmacy for the north side of the building; WHEREAS, a public hearing was held on December 19,2000 by the Planning Commission; WHEREAS, the petitioner is requesting a 15 feet drive aisle which meets city code; WHEREAS, the Planning Commission's findings include the request not to be detrimental or injurious, the use is necessary and desirable, and the request is subject to staff comments contained in its memorandum,the City's Engineer's comments dated December 7 and 19, 2000, and Planning Commission conditions outlined on page 10 of the December 19, 2000, minutes. • NOW, THEREFORE, b BE IT RESOLVED, that in agreement with the findings of the Planning Commission, the City Council of the City of St. Anthony hereby approves the conditional use permit. Adopted this day of 52001. Mayor Attest: City Clerk Reviewed by Administration: City Manager • 85 • CITY OF ST. ANTHONY RESOLUTION—01-023 A RESOLUTION PERTAINING TO A SIGN VARIANCE FOR WALGREENS WHEREAS, TOLD Development Company(the petitioner), representing Walgreens, plans to construct a 14,490 square foot building at the corner of Silver Lake Road and 37th Avenue Northeast; WHEREAS, the petitioner is requesting a sign variance to allow for a ground sign consisting of 50 square feet of copy on each side,for a total surface copy area of 100 square feet, with a two line electronic reader board; WHEREAS, the petitioner is requesting copy surface which exceeds city code by 32 square feet; WHEREAS, electronic signs,or animated/flashing signs,are prohibited by city code; WHEREAS, hardship was difficult to define for the sign variance request; WHEREAS, the Planning Commission denied the sign variance request at the.December 19,2000, public hearing in a tie vote. NOW, BE IT RESOLVED, that in agreement with the lack of findings of the Planning Commission at their December 19, 2000, meeting, the City Council of the City of St. Anthony hereby denies the sign variance request. Adopted this day of 12001. Mayor Attest: City Clerk Reviewed by Administration: City Manager • 86 MEMO • DATE: 01/03/01 MEETING DATE: 01/09/01 TO: Mayor and Council Members . FROM: Susan Henry, Assistant City Manager RE: Walgreens Background: On December 19, 2000, the Planning Commission held appropriate public hearings for the Walgreens store for the comer of Silver Lake Road and 37'Avenue Northeast. The site plan shows a 14,490 square foot Walgreen's store with a drive-thru pharmacy on the site. Notification was mailed to the property owners within 350 feet of the proposed development. TOLD Development Company submitted formal petitions to the City for the following four requests: (1) Petition for Rezoning (2) Lot Combination (3) Petition for Sign Variance (4) Application for Conditional Use Permit TOLD.Development Co. (the petitioner) presented information at a Concept Review on October 17, 2000. At the November 21-, 2000 Planning Commission meeting, the petitioner presented the results of its neighborhood meeting held on November 15 and presented other general information to the Planning Commission to prepare for the public hearing. As stated above, TOLD Development Co. has submitted four petitions for its development. Staff met with the petitioner upon final site plan submittal and has prepared the following comments as it relates to the request: (1) Petition for Rezoning: The petitioner is requesting that Lot 3, Block 1, Apache Terrace, 2"d Addition by rezoned-from an Industrial to a Commercial zoning district. The Planning Commission approved this request. (2) Lot Combination: The petitioner wishes to combine the above-mentioned lot (Lot 3, Block 1, Apache Terrace, and 2nd Addition) with Lot 2, Block 1, Apache Terrace (Amoco site). The petitioner's intent to purchase both pieces of stated properties for the Walgreen's development is contingent upon necessary city approvals. According to the City Attorney's office, these two parcels can be combined with a relatively simple recorded document and it will not be necessary to replat. The Planning Commission did not take formal action, due to the fact the request can be handled administratively. However, staff does wish the Council to pass a formal resolution on this request. (3) Petition for Sign Variance: The petitioner is requesting a sign variance to allow for a ground (or monument sign) consisting of 50 square feet of copy on each side, for a total surface copy area of 100 square feet, with a two • line electronic reader board on each side. The petitioner's sign variance request is two-fold:(a) sign surface area: the petitioner is requesting 100 square feet of total copy on two sides, while city code states the maximum sign copy surface area is 68 square feet. This request exceeds the existing code by 32 square feet; (b) electronic sign request: currently, "animated" and/or"flashing" signs are prohibited in the city code. • The Planning Commission has proposed to study the electronic sign ordinance, suggesting. changes to potentially allow for some electronic signs, even if its at the public level only. The reason the issue has risen to the surface is not only per this Walgreens request, but also because of the City's interest in locating an electronic monument sign in front of the City Hall/Community Center facility. The Planning Commission would like Council direction as.it relates to this issue. Here's more details about the Walgreens proposed electronic sign: the two electronic lines are 8 inches high each, which equates to 13.33 square feet per side at 10 feet wide. The total proposed ground sign is 8 feet high, with 5 feet of electronic copy area on top of a 3 feet base. The petitioner does not propose berming beneath the base. City code states that ground signs may not exceed 8 feet in total height, with base, copy area, and berming. The petitioner meets this criteria. The petitioner has stated the electronic sign has the capability of displaying more than one font; however, the sign can be limited to one style if that is the City's preference. The color of the lettering for the electronic portion of the sign is red. The petitioner has acknowledged the electronic sign's ability to flash and the city's code on prohibiting flashing signs. The petitioner has stated to have the "sign change at no more than five- minute intervals, or some other time period that is acceptable to the City." The petitioner suggests this could be written in the development agreement, if the City is agreeable to the electronic sign. The Planning Commission tied 3-3 on a motion to.approve the 100 square foot sign without the electronic component. The Commissioners had_difficulty in defining hardship to` allow for the electronic sign. Therefore, since the sign variance was not approved, it was essentially denied even though there was some sentiment to approve the copy area portion of the sign variance request. (4) Conditional Use Permit: The petitioner is requesting a conditional use permit for a two-lane drive-thru pharmacy for the north side of the building. According to the plan, the 15-foot drive aisle meets the City's requirements. According to the petitioner, the drive-thru is for drop-off and pick-up of prescriptions only. The Police and Fire Departments have reviewed the plans from a public safety perspective. The Fire Department requests a wall separation between the dumpster area and the attic area between the store and canopy. The petitioner has stated there will be a full block masonry wall. The Planning Commission passed the motion approving the conditional use permit with stipulations listed on page 10 of their December 19, 2000, minutes. Additional Issues: (1) Stormwater Pond: The City Engineer has requested a stormwater water retention pond on the site due to the requirements of the 1998 Comprehensive Storm Water Management Plan. The petitioner has been agreeable in doing so (see Sigma engineering plans and City Engineer Todd Hubmers' written comments from December 7 and 19, 2000). (2) Site Lighting: The petitioner plans for lighting complimentary to city design standards, and has been working with the City Engineer on this. Most of the parking lot lighting will be shoebox lighting; in addition, some decorative lighting is planned (see site plan and lighting detail/specifications). At the neighborhood meeting, the issue of site lighting came up as it relates to keeping the garbage area to the rear of the building for safety purposes. The petitioner plans to do this. . 88 (3) Garbage: • The site plan calls for a secured garbage area. (4) Easements: The City Engineer has reviewed the easements on the plan and recommends approval of the petitioner's plan, pending.the railroad will allow for the easement.The City Engineer has stated he does.not want-the discharge into the 37th Avenue Northeast system, which the petitioner, has . stated as option B if the railroad easement is not obtained. The City is quite confident an easement will be obtained from the railroad. However, at this time there is disagreement about the alternative. The petitioner would like some commitment to option B as the purchase agreements are being signed. (5) Landscaping: The landscaping calls for the appropriate landscaping. Irrigation is planned, according to the petitioner. The petitioner noted that a 3 foot high shrub will be installed along 37'Avenue North to screen headlights. (6) Curb Cuts: The petitioner has received approval for the proposed Silver Lake Road curb cut from Ramsey County and approval from the City for the 37th Avenue NE curb cut. (7) Wall signs: The proposed wall signs are within the City's requirements. The total wall signage planned for the store is.284.4 square feet. City ordinance states the petitioner may have up to 150 square feet of wall sign per right of way: • (8) Engineering Issues: Please see the letter from WSB and Associates noting the concerns of the City Engineer as it pertains to the site. (9) Public Safety Design and Review: The two city departments have been given the site plan to review for traffic hazards, sight lines, and overall site issues from a pubic safety standpoint. Overall, the site looks good. See note about from Fire Chief as it relates to a full block wall at the drive thru area. The Police Chief noted that a stop sign was omitted from the plan on the southeast-exit, which may just be an oversight, and that should be added. (10) Store Hours of Operation: According to the petitioner, the store hours are expected to be 7:00 a.m.-to 11:00 p.m. However, the petitioner also has stated Walgreens doesn't typically set their hours until shortly before the store opening. (11) Rear Yard Setback: The petitioner has pointed out the setback from the rear property line is 3 feet, and this.is from the drive aisle area. Staff Recommendation: Staff recommends approval of the development, per staff comments contained in this • memorandum, the City Engineers' comments, and the Planning Commissioners' comments contained in the December 19, 2000, minutes. 9 Attachments: • • TOLD Development Project Description • Petitions by TOLD Development Co. • WSB Engineering Comments from December 7 and 19, 2000 • Ramsey County Comments • Lighting Specifications • Property Approvals/Correspondence from City Attorney's Office • Site Plan • Sigma Engineering Plan and Notes • Excerpt from Planning Commission • 90 (PTOLD • DEVELOPMENT COMPANY October 9, 2000 Mr. Spencer Isom Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Proposed Walgreens Development Northwest Corner of 37th Avenue & Silver Lake Road Dear Mr. Isom: This letter is intended to describe our proposed development for a new Walgreens pharmacy at the location of the existing vacated Amoco gas station and adjacent vacant land on the northwest corner of 37`h Avenue and Silver Lake Road. As you and I have discussed, this project requires a fairly involved approval process, and as such I would like to make sure that I provide you with all of the information you need in a timely manner. Any direction you could provide me with would be greatly appreciated. I would like to begin the process as soon as possible, and would request that we be placed on the October Planning Commission agenda for concept review. Proiect Description Our project would involve the demolition of the existing Amoco gas station and car wash buildings, along with the combination of the approximately 265 easterly feet of the adjacent property owned by Ken Solie of Village Properties. We-have binding purchase agreements signed with both BP-Amoco and Mr. Solie. A preliminary site plan is enclosed that shows a 14,490 square foot Walgreens with a drive-thru.pharmacy on the site. We would close the existing southerly access point on Silver Lake Road and provide much more separation between the two access points on 37th Avenue than what currently exists. Our plan provides for the required setbacks to the paved parking areas, and exceeds the minimum number of required parking stalls with a total of 74. Although not shown on this preliminary plan, we would of course be salvaging as many existing trees as possible, especially along the north side of the property, and would be installing quality landscaping throughout the green spaces. The architectural design of the building is intended for areas such as this where residential properties are in close proximity. As a neighborhood retailer, Walgreens has developed a building exterior that utilizes pitched roofs with residential style shingles and MINNEAPOLIS•MILWAUKEE 6385 Old Shady Oak Road,Suite 120• Eden Prairie,MN 55344 • (952)278-9000 Fax(952)278-7574 • subdued signage to fit within their surrounding. In addition, our building would be brick on all four sides and would utilize only quality materials. The drive-thru operation of the building is located on the north side of the property facing the rail line,.and is thus directed away from all residences and pedestrian views. Only prescriptions may be dropped off and picked up.at the drive-thru, and nb loudspeaker system is used in the process. The loading area of the building is positioned on the west side facing the adjacent industrial property and is fully screened from view by a brick wall that matches the building exterior. Loading operations are conducted through a double door rather than a loading dock and typically involve only one semi-trailer delivery per week. Approvals To facilitate development of a commercial use, we will be requesting that the vacant parcel owned by Village Properties be re-zoned from it's current industrial classification to that of the commercial zoning existing on the Amoco property. We would work with Mr. Solie to see that the final platting process he has already commenced is carried out in the manner required for our parcel. In a previous meeting with Mr. Morrison it sounded as though an administrative subdivision rather than preliminary and final platting may be possible. Please let me know the most efficient process to-follow. I have directed our-architect to consult the St. Anthony zoning ordinances with respect to • parking requirements and setbacks, and to the best of my knowledge we are in compliance with all governing regulations. Our building and site signage will be designed to meet the St. Anthony signage criteria, and can be submitted whenever appropriate. I understand that we will need to request a conditional use permit for the drive-thru pharmacy operation. Tax Increment Assistance As I understand it from my meeting with yourself and Mr. Morrison, there may be TIF funds that were set aside for this property some time ago. Given the costs associated with our redevelopment, specifically the environmental clean-up that we expect, the poor soils conditions that will require an expensive foundation system, and the significant grading and demolition that is required, we would certainly like to pursue the possibility of tax increment assistance. I believe our project would not only remove a defunct store, but also would add to the Saint Anthony tax base, and create a quality project. In addition, a national retailer with a stable financial position could help stimulate investment and job creation elsewhere in the area. TOLD would be leasing the building to Walgreens fora minimum of twenty years so you can be confident that everyone involved will be making a long-term commitment to the community. • . 92 Spencer, I look forward to working with you, the Planning Commission and the City Council to make this project a reality. We have been trying for nearly three years to find a home for our client in Saint Anthony. With your help, I'm confident we can develop a project that everyone involved with will be proud of. Please contact me at 952-278-0118 if you would like any additional information. Sincerely, Mike Kalscheur Assistant Director-Real Estate ' 93 • GTOLD DEVELOPMENT COMPANY November 30, 2000 . Ms. Sue Henry Assistant City Manager Saint Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Proposed Walgreens Development Northwest Corner of 37th Avenue & Silver Lake Road Dear Ms. Henry: Enclosed are the documents that make up our formal application for development of a Walgreens Pharmacy at the northwest corner of Silver Lake Road and 37`h Avenue. Specifically, I have included five sets of full size plans dated 11/30/00 and one 11 x 17 set of the following'drawings: • TO Title Sheet AS 1 Site Plan L1 Landscape Plan Al Building Elevations SL1 Site Lighting Plan Please understand that we are submitting our engineering plans to WSB this week,will u..y conu-nents into our drawings, and will resubmit puns w both yourself and WSB upon completion. :,The following application forms.and fees fior the four actions required on this project are included: 1. Petition for Rezoning 2. Petition for Sign Variance 3. Application for Conditional Use Permit 4. Lot Combination (submitted on Subdivision/Platting form) In accordance with the application forms, a brief description of the requests is provided below. In addition, a project description submitted earlier is also attached. MINNEAPOUS•MILWAUKEE 6385 Old Shady Oak Road,Suite 120•Eden Prairie,MN 55344• (952)278.9000 Fax(952)278-7574 94 Petition for Rezoning • We are requesting that Lot 3, Block 1, Apache Terrace, 2"d Addition be rezoned from q g P Industrial to Commercial. This would allow us to combine the vacant industrial parcel with the existing commercially zoned Amoco property and make our proposed retail use compatible with the zoning. Because of the small size of the Amoco*property, our feeling is that the adjacent industrial.property will be needed.for any proposed commercial development, and that commercial development is certainly the highest and best use for this location. Since the vast majority of the properties within 350 feet of ours are residential, we have included a list of these property owners rather than a drawing indicating their property locations. I hope you will find this acceptable. Petition for Sign Variance We are requesting that we be allowed to construct a single monument sign that is eight feet high and ten feet wide,and includes 50 square feet of copy surface on each side (100 square feet in total). We are also requesting that a two line electronic readerboard be allowed. Because our building is a stand-alone building, and therefore does not meet the strict definition.of a shopping center; a Comprehensive Sign Plan is not required. At.the same tune, our building size is typical of neighborhood shopping°centers or.strip malls. • Because of this, I have included a Comprehensive Sign Plan with my application, and would ask that our building be treated as though it were a shopping center or strip mall. By viewing our building as a strip mall under 75,000 square feet in size, the Planning Commission and City Council could consider our sign plan as a whole and approve a ground sign with an area of up to 150 square feet. Our Comprehensive Sign Plan is sensitive to the surroundings and in scale with the building as a whole. We have reduced the size of the wall signs on our building to cover unly about 511; of ine building surface area and limited the signs to two sides of the building. This is only one third of the 15% allowed by code. We feel that a slightly larger ground sign(16 square feet per side), accompanied with dramatically reduced building signs is,a better solution than having three timesmore wall sign area coupled with a slightly smaller ground sign as would otherwise be allowed. I hope that the City Staff, Planning Commission and Council will use their discretion and agree with our intent to have a total sign plan that is in scale with our building and sensitive to the surrounding area. Further,we understand that flashing signs are not allowed. Since an electronic readerboard could have the physical ability to "flash", we would certainly agree to have our sign change its message at no more than five-minute intervals, or some other time period that is acceptable to the City. This condition could be written into our • development agreement as a condition of approval. . -95 • This variance would not be detrimental to the public welfare or to other property in the neighborhood, and would be based on our buildings unique condition as a stand alone retailer that is neither very large (and therefore under different guidelines) or of a typical smaller size stand=alone retailer where the sign code provides for a design that is in scale with the overall project: Conditional Use Permit Our application also includes a conditional use permit request related to the drive-thru pharmacy. We are requesting approval of a two lane drive-thru on the north side of the building, away from the residences to the south and not in direct view of the two primary roadway frontages. The drive-thru does not utilize a loudspeaker system, and is for drop- off and pick-up of prescriptions only. (i.e. no other items may be purchased thru the drive-thru window). The drive-thru is primarily intended as a service to elderly customers and parents with ill children. Of course any customer may use the service, but a typical Walgreens sees far less traffic than other traditional drive-.thru users such as fast food and banks. This conditional use would not be detrimental to the health, safety or ap-,Pr<,i f the public, nor would it adversely affect property values nearby. The use is specifically listed in the commercial zoning.district, and is an integral part of new Walgreens'stones. The concept has been deemed by Walgreens as a necessary part of their new stores, and' , accepted by the public as a desirable shopping amenity. Lot Combination We are proposing to combine the two lots shown in our drawings, and have included an application form for subdivision and platting. From our conversations with the City Attorney, it appears this combination can be done with a fairly simple document and no formal procedure from the Planning Commission or City Council. However, I have included the application because it is the closest one in fumn to what we are doing, and have included the fee that would be assessed for a subdivision. I hope you find our application complete and well designed, and thank you, the Planning Commission, City Council and other staff members that have helped us thus far in our process. We look forward to developing a successful project that will help improve an already wonderful community. Sincerely, *Kalscheur • Assistant Director-Real Estate 96 Date: 11/27/00 • Fee: $225.00 CITY OF ST. ANTHONY VILLAGE Petition for Rezoning Meridian St. Anthony LLC, Applicant: D/B/A TOLD Development Company phone: (952) 278-9000 Address: 6385 Old Shady Oak Road, Ste. 120, Eden Prairie, MN 55344 Status of Applicant (Owner, Buyer, Lessee, etc.): Buyer Lot 3, Block 1, APACHE Legal Description of property proposed for rezoning: TERRACE, 2ND ADDITION, RAMSEY COUNTY, MINNESOTA. Street Address: 2801 37th Avenue NorthEast Presently Zoned: Industrial • .Change.Zoning to: Commercial 1. Attach a statement to this petition stating why this zoning change is requested. 2. If an entire parcel of land is proposed to be rezoned, submit a map or plat with this petition showing the land proposed to be rezoned and all lands within 350 feet of its boundaries. 3. If a portion'of a larger parcel of land is proposed to be rezoned, submit a preliminary plat prepared in accordance with sections 1500.01 through and including 1500.03 of the St. Anthony Code of Ordinances with this petition. A copy of which is included in this packet. e slrgnatuie of plica Signature of Owner (;f different from Applicant) • 11 -30 =00A � � 97 • Date: November 27, 2000 Fee: $100.00 CITY OF ST. ANTHONY Petition for Sign Variance Applicant: Meridian St Anthony D/B/A TOLD Development Company 6385 Old Shady Oak Road, Ste. 120 Address: Eden Prairie, MN 55344 Phone: (952) 278-9000 Status of applicant (owner, buyer, renter, agent, etc.): buyer Street address and/or legal description of property petitioned for variance: 3700 Silver Lake Road (to be combined with Lot 3 Apache Terrace 2nd Addition) Zoning district in which property is located. Commercial 50sfr/sum Request: To include a t� e line electronic reader board as part of ourAmonument • sin fWO Minnesota Statutes and City Ordinances require that the following conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1. The granting of the variance will not be detrimental to the-public welfare or iniui rious to other property in the neighborhood or village. 2. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. 3. The conditions upon which the applications for a variance are based are uni ue to the parcel of land for which the variance is sought and are not applicable, generally, to other propai►y within the same land-use classification. nature of Applicant Date: 1OLAP6 11 ='30=00A. *10 -.. . 98 Date: 11/27/00 Fee:_ $130.00 CITY OF ST. ANTHONY .APPLICATION FOR CONDITIONAL USE PERMIT Applicant: Meridian St. Anthony LLC, D/B/A TOLD Development Co. Phone: (952) 278-9000 Address: 6385 Old Shady Oak Road, Ste. 120, Eden Prairie, MN 55344 Status of applicant (owner, buyer, renter, agent, etc.): buyer Street address and/or legal description of property in question: 3700 Silver Lake Road (to be combined with Lot 3 Apache Terrace 2nd Addition) Zoning district in which property is located: Commercial Conditional use proposed: To. allow for a two lane drive-thru pharmacy on the north sidd of the.-building. 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 specifically listed for the zoning district in which it is to be located. 2) The proposed conditional use will not be detrimental to the health, safety, or 9eneral welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. • S � Signature of applicant: _ 11 =130-00R * 1 ;. DEC-19-2000 15:28 WSB & ASSOCIATES INC. 7635411700 .NWSB dssociates,rna December 19, 2000 Ms. Sue Henry Assistant City Manager City of St Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 .. Re: Review of Preliminary Plans for the Walgreen's Site . �� :x.��;';:• City of St. Anthony „. = WSB Project No. 1065-52 Dear Sue: The following documents regarding the above site have been received and the following individuals contacted in regard to the above-referenced project: Preliminary site plan prepared by Sigma Development, Inc. dated 12/11/00. • Respon se to City comments and hydrologic calculations provided by Sigma Development, Inc. on 12/11/00. • Telephone conversation and written correspondence with Dan Solar,Traffic Engineer for Ramsey County. • Telephone conversation with Dave Zetterstrom, Entrance Permit Coordinator of Hennepin County Transportation Department. =: ?. Based on our review of the above documents and our previous correspondence dated December 7, 2000, the following comments are made: 4 The currently-proposed development plan has addressed the concerns associated with entrance conditions into and out of the proposed site. • The currently-proposed pond provides adequate dead pool storage to meet NURP Y°� y treatment recommendations. The currently-proposed pond is three feet deep and not .: .yam. . ...: . .,. .• ='�` ;}:•w` the requested four feet. However,due to the restrictions of the site,and the f act that .r.: ;•,':_ 4150:bispi�' the developer has met the storm water volume requirements, and the distance '= Me„a ,,�,ay between the outlets will not allow for short circuiting,I would recommend that the " Su current pond be approved. In ' ite:30�', inneapo�l "•; 4 'f'• 76334 � 7.. ;• .-n `:�••• F:IWpWIIv11065.52\121900-shwpd f"73363 A, O:FAX Minneapolis St.Cloud Equal Opportunity Employer DEC-19-2000 15:28 WSB & ASSOCIATES INC. 7635411700 P.02i02 -100 Ms. Sue Henry • Assistant City Manager St. Anthony, MN December 19, 2000 Page 2 • The developer will require a permit from the MPCA to deal with the contaminants onsite. All conditions of that permit, including recommendations for lining of the pond shall be adhered to. The developer shall forward a copy of this permit to the City prior to approval of final plans. • The currently-proposed outlet structure generally meets the criteria outlined in our December 7,2000 letter. However,we will work with the developer in fine-tuning the outlet structure in the final design. • The current contours indicate that the lot has been graded such that the drainage from the parking lot area is directed toward the front entrance of the Walgreen's pharmacy and the parking spaces immediately adjacent to the building on the east side. It is recommended that in final design,minor contour changes be made to the plans such that overland drainage would be allowed to flow past the building along the south side or along the north side so as to prevent drainage from inundating the structure during intense rainfall events. .An overland, overflow route around the building should be adequately provided to address this concern. • We are currently researching the City's rights to the 36" RCP storm sewer to the north of the property. We anticipate that the developer may require a permit from the railroad to connect with this line. This issue shall be resolved prior to final design approval. All of the concerns outlined above can be addressed in final design. If you have any questions regarding this matter,please call me at(763)287-7182. Sincerely, WSB &Associates,Inc. Todd E. Hubmer,P.E. Project Manager c: Jay Hartman, City of St. Anthony Mike Mornson, City of St. Anthony • Mike Kalscheur,Told Development nm F:\W P W LM i o 6S-52U 21900 wpd TOTAL P.02 Ak - 8441 Wayzata Boulevard, Suite 350 B.A.Mittelstc 101 WSB Minneapolis, MN 55426 Bret A.w' P Peter R.Willenbnn�,P.E. • Donald W.Sterna,P.E. tel: 763-541-4800 Ronald B.Bray,P.E. &Associates, Inc. fax: 763-541-1700 December 7,2000 Ms. Sue Henry- Assistant City Manager City of St Anthony 3301 Silver Lake Road St.Anthony, MN 55418-1699 Re: Review of Proposed Walgreen's Site in the City of St.Anthony WSB Project No. 1065-52 Dear Sue: The following documents regarding the above site have been received and reviewed: • Pond outlet control structure detail;hydrologic calculations;preliminary site plan faxed on 11/30/00,prepared by Sigma Development,Inc. • Site plan submittal prepared by Told Development Co.,dated 11/30/00. Based on our review of the above documents and conversations with the City staff and the developer, the following comments are made: • The proposed westerly entrance to the site from 37'h Avenue North should be aligned with Belden Drive on the south side of 37'Avenue: ... • • Access permits to Silver Lake Road and 37' Avenue will need to be acquired from the County and copies submitted to the City of St.Anthony. • The proposed site discharges directly to Silver Lake. Therefore,treatment to NURP recommended standards will be required. However, due to site restrictions, it is suggested that a 5:1 slope could replace the 10:1 bench requirement at the normal water elevation. • The developer should receive approval of the development plan from the MPCA. • Due to existing soil contamination,the pond should be lined to address any concerns of the MPCA. • The outlet from the proposed ponding area should provide skimming for floatable materials. This may be accomplished by submerging the outlet pipe below the normal water elevation. In regard to the proposed outlet structure,the top of casting on the manhole should be an open grate set at an elevation below the overflow so as to provide an emergency outlet in the case that the primary outlet is plugged or iced up during spring conditions. If you have any'questions regarding this matter,please call me at(763)277-5782. Sincerely, WSB&Associates,Inc. Todd E. Hubmer,P.E. Project Manager so c: Chip Leedom, Sigma Development,Inc. Mike Kalscheur,Told.Development,Inc. nm M i n n e a p o l i s S t . C l o u d Infrastructure Engineers Planners FAWPWnau065-52v20700-Sn.WPc EQUAL OPPORTUNITY EMPLOYER 12/11/00 MON 13:45 FAX 6514825232 RAMSEY CO PUBLIC WORKS Ghnn9 ®® Department of Public Works Kenneth G.Haider,P.E.,Director and County Engineer • ® ENGINEERING/OPERATIONS ADMINISTRATION&AND SURVEY 3377 N.Rice Street 50 West Kellogg Blvd.,Suite 910 Shoreview, MN 65126 RAM"Ell uN1Y St.Paul,MN 65102• (661)266-2600•Fax 266-2615 (651)484-9104•Fax 432.5232 E-mail:Public.Works @co.ramsey.mn.us December 11, 2000 Mr. Mike Kalscheur Assistant Director—Real Estate TOLD Development Company 6385 Old Shady Oak Road ,Suite 120 Eden Prairie,Minnesota 55344 Dear Mr. Kalscheur: The Ramsey County Public Works Department has reviewed the proposed site plan and survey for construction of a Walgreens store in Saint Anthony at 37`h Avenue and Silver Lake Road: Ramsey County has the following comments regarding access and traffic flow. I. Ramsey County is in agreement with the proposed access configuration on Silver Lake Road. This includes closing the two existing access points and constructing a new right in/right out access to Silver Lake Road immediately north of the existing northern access point. 2. An existing catch basin is in place on Silver Lake Road where the new driveway is proposed. This catch basin will need to be relocated to the north. You may wish to consider shifting the driveway slightly to the south in order to avoid this catch basin. 3. The County is still in the process of completing the construction of the bridge north of this site. This will include median installation, bituminous overlay and restoration next spring. We will coordinate our work with the development of this site to avoid any possible duplication of efforts. 4. An access permit from Ramsey County will be required. We would prefer if the developer rather than the contractor acquired this permit. This can be done in the spring prior to construction and can be coordinated through myself. • Minnesota's Fhst Home Bale County printed on xeyclnd pppnt p'IM R tnmlmam o!1p7S poehconeumat contsnt 12/11/00 MON 13:45 FAX 6514825232 RAMSEY CO PUBLIC WORKS Thanks for the opportunity to make comments regarding this issue. If you have any questions or need any additional'information please give nne a call. Hopefully this information can be of help. If you need any additional information please feel free to give me a call at 482-5209. Sincerely, Daniel E. Soler,P.E. Traffic Engineer Cc: Sue Henry—City of Saint Anthony • • DEC-01-2000 13:19 651 292 0093 P.E . 104 30�0...mmm662-5 mm 1 1 i 9.iS m 6.1 m s STREET LIGHTS n 1e LOCATED BEHIND VEST EDGE OF 100 mm WALK • 700 mm 700 mm: E E TRANSFORMER BASE 9) TRANSFORMER BASE `r GRADE r ADE � Ir MT 88 $EE PLANS FOR CONDUCTOR SEE PLANS FOR ONDOT TOR E QI1ANlITY AND CONDUIT TYPE. E OUANTIT7 AND CONDUIT TYPE n n PROVIDE DRAINAGE N PROVIDE DRAINAGE a HOLE AT BOTTOM HOLE AT BOTTOM EACH SIDE EACH SIDE 40DO PSI CONCRETE 4000 PST CONCRETE FOUNDATION-TOP 900 mm oUBE FORMED N TOP 900 Tmm . TO BE FORMED O 8E 12.5 mm x 3 m COPPER COATED ED X 3 m COPPER OA S1EEi COATED STEEL CROUND ROD GROUND ROD m N 1 TYPE A AND 8 2 TYPE Al AND 81 X)OC SCALE- NONE )DOC SG►t� NONE :aCERTIFFIIEDB DEC-01-2000 13:19 651 292 0083 P.03iO3 FMTLqW t ea. rroi. rlu- S RGPOPOSTT TOP MOUNT 105 PROR$ (1230) 15OW HPS.. FT11TURE SNAIL BE STERHBERG POST TOP MOUNT pR#ME a (0630) 150W HPS. • SHAFT SHALL BE sItRNBERN AUSTIN 1471013 SHAFT SHALL BE STERNBERG AUSTIN 14707T4 .. . STERNBERG 1230Pi oT5/15011PS120/ 063OPT/4707T4/IMHPS120/ RE3/WA/ASZ OR APPRO M EQ3/WA/A82 OR APPROVED EQUAL EQUAL El 11 FM I s TYPE A2 a TYPE A3 XXX SCALE: NONE XXX SCALE. NONE I_j0jjt4G ASSMBI IES A- Al- R- 151 HOUSING 500 mm X 825 mm HHCH ONE-PIECE EXTRUDED . NOTE "WNW- CANOPY.CANOPY. ALUMINUM, FORMED. AND SEALED TO HOUMG• tF'NERAL DtE-FORMED SpECULAR ALUMINUM FOR A TYPE(3)L CS- ALL LTC ATION NECESSARY SHALL CONTAIN ALL REFLECTOR: MOO<1:1CA110N5 NEH>isSAIRY TO COYPU WITH DISTPoBUTIOIL FOJECTOR.HINGED AND SEALED TO DOOR FRAME. THE N.S.P.MAINTENANCE PROGRAM. DOOR FRAME EXTRUDED ALUM1 NUM. MTI NAL CORNER ICtY ca+sTlL1lcnQN ALL LU6aNAtRES SHALL Be INSPECTED AND APPROVED • (ANODIC NATURAL ALUMINUM FINISH) PRIOR TO NSTAL AAON FOR THE N.S.P. MAINTENANCE PROGRAM.COORDINATE THIS PROCEDURE WITH THE LEHS: CLEAR MT TEMPERED CLASS, MATH EP•D.M. OA IMT. AUTHORIZED N.S.P. SENTATIVC. BALLAST BAR: EXTRUDED ALUMINUM. NEAT SINK (EIECTRO-DIP BLACK FINISH) XrM TO BEAR'UL'LABEL"SUITABLE fCR WET LOCATIONS- DOOR CABLE FOR n CTRICAL SPECIFICATIONS POSITIVE DOOR RETENTION IN OPEN POSITION. ALL P xWKS To PICLUOE MOLD CONNECTORS BETWEEN PR6u" BALLAST: 200 WATTA20 VOLT CORE. AND COIL H.P.F. - 29-C START. AND SECONDARY CIRCUITS. MOUNTED IN UAMAIRE ALL CONNECTIONS 1D Be MADE 116TH WIRE NUT CONNECi0R5. LAMPHOLDER: MOGUL BASE PORCFLAaL VERIFY ALL BOLT CIRCLES FOR ANCHOR BOLT pLACEMETfI. SEE LAMP: 200 WATT HIGH PRESSURE SOOtUM LAMP. ANCHORAGE MOUNTING SKaACATLONS. ALL UGNT BASES SHALL.HAVE GROUND RODS UNLESS DIRECTED OTNERWISE BY THE ENONEM D_n C 3KanCAT10NS (STERNER ST$SAUI�ST OR APPROVED EQUAL SHAFT: SQUARE TAPERED STM 138 mm X 96 mm X 43 Iom WALL I 75 mm X 125 mm MATH COVER ,E NANDILOLE BASE- 312.5-MM X 106.25 mm HIGH STEEL ANCHOR BASE NA•DH(4)CAST NUT.COVERS CONNECTNC BOLTS: 25 mm- 8 STEEL BOLTS WITH MT WASHERS AND HEX NUT. TRANSFORMER BASE 359 mm X 318 mm X 500 mm HIGH 1WTH A 211 mm X 200 mm X347 mm ACCESS DOOR(STERNER 722)OR APPROVED EQUAL MOUNTING SPECMCATLONS ARM: 56 mm X 150 mm X 300 mm LANG EXTRUM ALUMINUM (ALLOY 006376) TIE ROCS: (2) 12.5 mm-13 PLATED STEEL(A-36)'MIN FLANGED LOCK-NUTS IN LUMQU>RE. • MU-UP PLATE: 1.62" STEEL 111TH (2) 125 mm-13 CAPTNATED LOCK-NUTS ANNCHORACIr-' (4) 25 mm X 900 mm X 100 mM QALVANIZED STEEL ANCHOR BOLTS ON A 325 mm SOLT CPCLE. ELECTRICAL DETAILS fQOSti: ��BEFORE ORDEOIG Dig �� g,p, 6�-64.4-16.S.P. 161-020-09 Sheet No. 34 of 43 Sheets TOTAL P.03 FROM LARKIN HOFFMAN DALY (612) 896-3250 (MON) 11. 27' 00 14:12/ST. 14:12/NO.ROSEAT L,ARKIN HOFFMAN DALY & L,INDURP.N LTD. "'�"f"`` ��6 ECV ALO n,DAt3 LL 7 ! 7 FP40ERIQ[. EOWARO J.LLER RENEE L.JA JOHNNFLA ft ATTORNEYS AT LAW WK1.1Ia1 . JOFY'J u.rLAJAJrJM ffwrJC r.wwvEY °�'� w CHARLES S-LADELL DOUC4+M ItiL'.ip CI ANN M.STEPHEN J.KA • LV 0AH. SVRJ.NETaEN 1500 WELLS FARGO PLAZA THCMA J.�"� LJHCIA K FWNEJ! TMC1L415 F.ALEXANDER TAN P.SOLT?" 7900 XERXES AVENUE SOUTH OANIELT•NACLEC MICNAL!r JArmum JOHNS 01EHL BLOOMINGTON,MINNESOTA 55431-1194 JON" LeRE" JON S.S"IEP2EWF1W ADAM S.HLxrA J�P J.� TELEPHONE(952)835.3800 Nrorcn,S A J.vL¢rsI WA TOM L FRE-SIAN C.ERIC FWA-zs GERALD L.SECK FAX(952)8OW333 JAMES AL SUSAO JOHN B.UJNOOMT O�"•cL J.vJJJJm"c JCJrw A.uAOC JOHN A.COI?MR XCCRETO.CANILL rAUL A.PLUA= r.Fa"O.rCElly MAUI L PL D OS'rr SONYA R ERAUNSCHWEIG ALAN I I[LOOW JOSEPH J.FTANTE•AR. JuTLAEEN M.PIOOTTE NEwMnN R MICHAEL a.LE&RAON JONTHLA .KLAUaL crnrHw Lt w Aua CARY A.T E KORSTAO MAW 0.CWRISTOP.ERWN TIMOTHY A.vAN G E - NEAL J FO.A" rr TIMOTHY J.HEANE ANDFa$ON ALAN M, TAMARA ONEILL MORELOM LuCNAELw aCrdtY JAMES A.MCCREftm,m THOMASA,GUMP' FAFYJ 8 IOtEA4 TOGO A,TAYLOR TERRF•NCE E.EIISNON CFUESTOi Pca j.newe GARY REI vEAE MARIA M.7ACPC Cx=.-rOPHERJ.HAAAISTuI •E-uet J.Vr1LNOt:CC ZICM" A REMS04 BRtJf1 J.OOUOU�i J%RhuY C.STIER WILLIAM C GRIFFITH.JO, OP OO INZ-F-1 JON"P,WLL PrTCR J.COYLE JAMES P.LAYWN JApr F.DALY LARRY O. 1 Tn LWGF EJ JANE E.FREUER ALLAN t.aUIVWN JOHNJ.Sr.9FENHAOEN JOeE PH Oi9 MIONCL J.WTH November 27, 2000 Ms. Sue Henry City Manager St. Anthony Village 3301 Silver Lake Road NE St. Anthony Village, MN 55418 . • Re: Sale of Lot 2,Block l; Apache Terrace,Ramsey County, Minnesota(the "Property") by Amoco Oil Company("Amoco") to Meridian Properties Real Estate Development,LLC ("Meridian") Dear Ms. Henry: This firm represents Amoco in connection with the sale of the Property to Meridian. Amoco and Meridian have executed a Real Estate Contract dated September 1, 2000,by which Amoco intends to sell the Property to Meridian. Amoco does not object to Meridian's efforts to obtain certain governmental approvals in connection with Meridian's proposed use of the Property, provided that such approvals and/or zoning changes do not tape effect until after the closing of Meridian's purchase of the Property. If you have any questions or concerns,please call me at(952) 896-3375.. Sinccr homas F. Alexander, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Mike Kalscheur,Meridian (via facsimile 952-278-7574) Azalia Abncy, Amoco (via facsimile 630-836-6381 -REF: SS95315) • ::OUMA\FC D0CS\L[BIw34146\1 St. Anthony 1 07 Village Properties, LLP • 2500-39`h Avenue NE Suite 230 Minneapolis, MN 55421 Sue Henry Assistant City. Manager City of St . Anthony 3300 Silver Lake Road St . Anthony, MN 55418 Dear Ms . Henry, This letter is to confirm that our partnership, Village North LLP , and Told Development Corporation represented by Mike Ralscheur have executed a Purchase Agreement through which Told will be purchasing our land on 37`h Avenue North East for. the, Walgreens development . Accordingly Mr . Kalscheur has .:our permission to pursue any. required City approvals for this development . Since / #. L ' &eat 8olie. • 108 DORSEY & WHITNEY LLP • MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS NEW YORK 220 SOUTH SIXTH STREET GREAT 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 LONDON (612)340-2969 ' SALT LAKE CITY FAX(612)340-2644 COSTA MESA Soth.wiUiam@dorseylaw.com VANCOUVER November 9, 2000 Mayor Cavanaugh and Members of the City Council City of St. Anthony 3301 Silver Lake Road • St. Anthony, MN 55418 - Re: Final Plat of APACHE TERRACE 2m ADDITION Dear Mayor Cavanaugh and Members of the Council: I have reviewed the Final Plat of APACHE TERRACE 2°d ADDITION being proposed by Village North, LLP and Apache Animal Medicine, P.A., and have the following comments: 1. My letter of September 10, 2000 to the Planning Commission regarding the Preliminary Plat, a copy of which is attached for your reference, discusses various matters relating to the plat and the ordinance requirements. 2. The final plat is essentially the same as the Preliminary Plat referred to in my previous letter, except that the line between Lots 2 and 3 has been moved to the east. Lot 3 originally'had a frontage of 313.36 feet on 37'Avenue N.E. and it now has a frontage of 265 feet. Although Lot 3 is reduced in size, it still meets the requirements of the ordinances. This change also serves to increase the space available for parking for the building on Lot 2, which is an advantage. 3. As you probably know, it is the intention of Mr. Solie to sell Lot 3 to the developer of • the property to the east for a Walgreen's Store. If this occurs, Lot 3 and the property to the east can 1®9 DORSEY & WHITNEY LLP November 9, 2000 Page 2. be combined with a relatively simple recorded document, and it will not be necessary to replat those two parcels as one lot. 4. I call your attention to the 20-foot utility easement shown along the east line of Lot 3. This is an existing utility easement of 1.0 feet per document No. 24546738 and an additional 10 feet which.is being dedicated in the plat. With the dedication of this easement, no part of the Walgreen's building can be located on this 20-foot strip. 5. The owners of the animal clinic had hoped to include a portion of the railroad right of way in Lot 1, but there were delays in establishing good title to the right of way. For this reason, they have left the railroad property out of the plat and will need to combine it with Lot 1 at a later date. Again, this combination can be done with a relatively simple document to be recorded in the real estate records, and it would not be necessary to replat the property at that time. • 'f you have an further questions, 6. I believe the plat is now ready for approval, but i y y q , please let me know. ery truly yours, William R. Soth WRS/ms N • ® • O O CJ [*1 r 101-01' 4- N " O O " O r O 4 0 O WALGREEN CABINET 516, N O •r Obkcz FW4 G>Irwll�l LJ1� ORWE-THRU PHARMACY A READER BOARD SIGN H PAGE . 0 cfl r d B �.c f. r4e.. STONE-CAP o ro z H � e a \ m m BRICK VENEER TO MATCH BUILDING O J ro C3 O RikM = ARCHN RTm ARCMMnOCLL NEr- - eRtRa tcsa•maa-nD, - . ttel QmD 7:RM 9RR Oa01T omm ' - jL S91eAFR 1°ST9 IL s u ROE V:/a]e•0ee Ra u:/a"L See SILVER..LMM ROAD & 37M AVE* NORM. ST. ANMONY, MN SYMBOLS ,a,BBR�YI,4TION�a DATA DRAWING. INDEX TO TITLE SHOT Fcco; iom FL ASt SITS PLAN 1 �T►a� I,,,.I D, °' � e LI LANDSCAPE PLAN ORA" T ,� ,. ;�, ^°R ,....ee Al BUILDING EL_VATIONS project: r„1 � co_tn�maro eRe nRrema9 �a 6LI SITc LIGHTING PLAN rM NER taJlti N►P31 ..d + ,� „m ROeA wsTRU cauN N,TiBi w..new rw ...v....e mm - 3W MS N sTn+ a evaee ///��� ..e .n � BBVf NNkmt e+ ema.eae.�on � _— m � _ 00-102 A. . mmust � MATERIAL INDICATIONS Maw�: a°om RKM »�w.aewv_ -. - Date RAT NY�t � o�o.�emo ,m•v�� T2. PMIIVCTvKT t'Rl. / / 57G/ALJ!@Ue u m"am rme rnw° wwera.wre ® RL GRA Revb7one /'Y p�3VaTION TdY.aZT °'�'� : '�wm emasu. 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Date Nov 29 2000 E 2 KSF2 400M R4 TYPE 4,SHORT, 400 WATT METAL g3041301.1ES 32000 1.00 Scale CUTOFF LUMINAIRE HALIDE-ED-28 ENVELOPE GLASS REFRACTOR 40OW METAL HALIDE 94112102.IES 36000 1.00 Drawing No. ® C 4 TWH 400M WALL-PAK CRAM LAMP TYPE 4,SHORT 400 WATT METAL r ® D 3 KSF2 400M R4 CUTOFF LUMINAIRE HALIDE-ED-28 93041301.IES 32000 1.00 2 OI 2 ENVELOPE 1 Gn 220 East .116 RSIGMA Oak Creek, WI 414-' • DEVELOPMENT, INC. FAX: 414-tuo-r December 11, 2000 Project Reference #SD1054-004 Ms. Sue Henry Assitant City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 RE: Response to City of St. Anthony Preliminary Plan Approval Status Proposed Walgreens at 37' Avenue North and Silver Lake Road, St. Anthony, MN Dear Ms. Henry: The purpose of this letter is to respond to the City of St. Anthony's Review of Proposed Walgreen's Site in the City of St. Anthony, dated December 7, 2000. The following information is in response to the comments provided to Sigma: Item 1: The proposed westerly.entrance to the site from 37" Avenue North should be • aligned with Belden Drive on the south side of 37" Avenue. Response: The alignment of the Walgreens entrance and Beldon Drive was addressed and coordinated with TOLD Development and is now shown on the preliminary plan, Sheet C1 . Item 2: Access permits to Silver Lake Road and 37" Avenue will need to be acquired from the County and copies submitted to the City of St. Anthony. Response: This item will be addressed at a later time and will be coordinated with TOLD Development. Item 3: Storm water treatment to NURP recommended standards will be required. Response: The NURP recommended standards are being met by providing 0.25 ac-ft of dead storage (see hydrologic calculations). A slope of 5:1 is being used instead of the 10:1 bench requirement at:the normal water elevation. Due to lot size limitations, the live storage discharge requirements can not be met, as shown in the hydrologic calculations. This will be addressed in the final engineering process with input from the city. Item 4: The developer should receive approval of the development plan from the MPCA. Response: This will be addressed with the final engineering. Item 5: Due to existing soil contamination, the pond should be lined to address any concerns of the MPCA. • Response: The pond liner will be addressed at a later time with the MPCA approval process. N:\TOLD-DEV\1054\st-anthon\ST-AN Resp.wpd 220 Eas n CIGMA Oak Creek, WI 117 4' DEVELOPMENT, INC. FAX: 414-iuo i,+i • December 11, 2000 Sue Henry, City of St. Anthony - Page 2 of 2 Item 6: The outlet from the proposed ponding area should provide skimming-for floatable materials. This may be accomplished by submerging the outlet pipe below the normal water elevation. In regard to the proposed outlet control structure, the top of casting on the manhole should be an open grate set at an elevation below the overflow so as to provide an emergency outlet in the case of the primary outlet is plugged or iced up during spring conditions. Response: The outlet pipe is shown submerged 1 foot below normal water elevation. An additional skimmer will be addressed at a later time with the final engineering process. The outlet control structure type and configuration will be furthur addressed in final design. Please feel free to contact us at 414-768-7140 with any questions regarding this response. Sincerely, SIGMA DEVELOPMENT, INC. &— ' " Natalie Behne John McCardle, P.E. Staff Engineer Project Mangaer cc: File Mike Kalscheur - Told Development Company Todd Hubmer- WSB & Associates Enclosures: Sheet C1 .0: Site Grading, Drainage and Erosion Control Plan Sheet C2.0: Details Hydrologic Calculations N:\TOLD-DEV\1054\st-anthon\ST-AN Resp.wpd No CHNET -a Imlua GIITECII A IEf1[.INC. ClUIEW//%J"/ wl amn mar mm W —nlnlr O.r�1Y NI•IrW '-•t,. _ -'• ��.�_.- � —nlrtlr umrr.o runt •=-�`-1 1 ...n /' ✓" / r1)'/(/ c.: ,='` n1mllur I= Itl[ n . I'm 01 1 Ib01M Mile rwr-TTCA '•' / '.,.y''�' j �/•:•� - ® PROJECT TYK O�.ISmIO lrr un ✓' �-_ ��..�1�7: r�-,_. / �i / �'1' I J j - c.n io.r n. owmNwcmu,lm n --a._..vwo nd my /'' � �i! i�����,''rte�r=--�"-"� � ■•.s.ao•.m.wrn, •-.r-wvar u.vm mna uma •:"���''_.��; _ ---a�..l� , ..'.� 1 1 j•1. �:., i I •u merrnls s.ram Imn mmlu n, -r•-I.rrTa warm rarla ulor �..•A"� •\ / /1 .I"'•'n,� --p-,volt Ym Ynl[/u.rr � _ ^1^, , i•- �• j�/•' [ I 1•-��'''r'. � - { 0 rarQr'mm•nr c .. ., y' ^I.!r.:a.;..: a smee waolNa arms / Y _ -u• 8'r% - I,--- ❑mm¢m ❑mrtl.r ❑.¢wnr ❑..rra aa. .... ` J/ /����;�, 1p YF16DW 1 _ L _.._-.� J ..jr�_��%� .� �I• `V' i � � � ❑� - ...n ..I �\ _�' s^y-F f`� -- .. - 1 I .0 �. •,4" ` A _ r r!'`' I!A'' ' 1 REDMOND CmaTlwcTlmCo.INC. FT f NM.959. r•, n r, . t ' :rV'"... --.'z'� �..:L' " i• 6 i.a� a ur. i• a I :f� t•f-���r_»r ?I 1 ! 1 s5 .a' j — - m fg I e ? � --�-I, =•-, w,•_ ,.c L�:.:.Rr�. � ti, I (s' ��, I• r rw ~S�' ,e -sw'r� r , 1.;� 0 1- - - I � Wr�V,• �. T `m.r 1', .I! `� L �1' f ocvaornMT corranr Q. WALGREENS 1 ►�.,`�; I �. 1, t' OSIGMA l_ w = - ` ol[„«o.BAIR— I... I I 14 , 490 `S Q F T. ~n,. 4 I + F/F 966.0•. z �-" mr� �•.II� 1 g 1j I'I �I �• '1 — \ �� � `-J ."�� e I it .,.• t!,iY::' I I I j 987 14 Ij 1 1 1 ` •t Ld I a _•r,--��.���. �.a-- n-� +j ,I�I I � ,�il ' .r e•n n awllma m. 'qffi ` NEYI91w6 ,9?7 196`� my I 1O •. Ir"' � •' d �I a I it �' CERTIFICATION AND SEAL .A.�•�' 978 C 4 I' .YI 8 r _ f-.-_l _ a Iv Y 'niv.w n r r uno'Ira w ninrccmmlu ti...I x,87 1 � li FI. 1 I I I .,,. • °°T°,i�iwo mim�'Iwu,°ur,uWe en°r° I li•ri v•u.amr•u nrulr n a•ca r •J':f.!?��.el®ii``...C-1=='=•.' l� -'_' - - t-��-amm.mtnia_..d '_ '��__:- .....-ir-` - '- - -- ' __..�,:r__- '�°� 'a°'°_ SIC-fr j •./_, � + ' _ .,-Y_ .—; I+ ._-__ I.— __ _..-__• _..._ •.--._.. - I am> u aal' �.r - --..__.._,.—t.--T •#---- ....'!--•..... ---- ,,-- --._•. "'---..H �•� 'n° -•••,- _ i ----- _ -'"� •, •-..,. -- SI ERGRImIING.DRAINAGE AND r�..r.i....__...TUw.�.=•—C7.-•�a_._T_.I_ _. ._ •1••'_...-- - ''- --•--._ .—=�— _ -. .—._J—..�.�� ..--—..__ r _ :%( _.�••r--r• i • --- o.m n-nso .mr.r.. e..a..ro PLAN C1.0 ifT°° v—C- W 66 e fill.' ` LL +1 Alm woo z W Ix E1 4 a�e � ' " 08g8❑❑ R115H s ° s L is Itu if � o lay I; � it � !�I • a � �' I � fit! !. � •� II' i ! I I � �``� I 1 g it l c y. e � gl� �! I ��,�I, a� ! ��,g i I �� it � •� _ � `��+ �I�.i 9 ! � 1•i! �I a , I h �• � t•ti r'!jC ' 1a � I � ���+,�i �It � . . ,� i � I:�, t ,�,t I I 4•I � � 91�i'I tic I � !'1' t a �� .i ,t,� ! �,Eii�� E .!I ! 1��� �' l!elli�! ; d I ;. ���.� ���� ���• ! 09 g �1>s ! ai ! E� allj�I I�!�, ``� �iIP•' t !i a II ! It 1 �'l It t� � 4. I � i . i,1 �kr � , 1 Ii�! �� r..l�e �'c' 'I , 0�t � t •��"' k' !�! ��i I ' :I�i•i,�r,�nr���I �g g,l!!r� liii � � , ,��I��!!�• ,,,, ti•� � !,. 1 ,�ig�� g !!Ipiulll � i iii l In4 ;! il� ,'ti i', ��t�� I"�II'�gl �f i � e� ai � �1 ,� ��nt� f a� ,, �"' �1tj! I�'• �I , �°,I .,!•� 10111 .I�. tlltli . ',i`�Itl ��51 ! 'I•t a t � ,. I gf! !tj•y ��! . I �a��i '4i lI II �I f�611l�e ii l l l m 0.111 1911 l:li! it ltll�l i,ll ivl i h iil, �l�u I pi a� Iu P��t�l9t l it ` •r SlMIS� 1 I ti � oil r+AL r p 6 all d 3r.: t i - T r,�� d�4• q V �v: � �°. 7Y . 9 9 li ` i�t � I • �' 12® Planning Commission Meeting Minutes November 21, 2000 Page 3 1 Staff are looking for input from the Planning Commission during this concept review. If necessary, 2 a public hearing will be held at a future meeting, either in January or February. 3 Additionally, it was noted that Jay Hartman, Public Works Director, has been working with the 4 LeRoy Sign Company and has received a quotation for the proposed sign in the amount of$37,015. 5 At this point, Bergstrom recommended that a subgroup be formed by the Planning Commission to 6 review this matter. Bergstrom and Stille volunteered to be members of the subgroup to provide 7 some research and input to the Planning Commission and ultimately the City Council. 8 It was decided that Bergstrom and Stille would meet with Jay Hartman(Public Works Director)and 9 Michael Morrison(City Manager), regarding this matter and would report back at a later time. 10 10. Neighborhood Meeting Report re: Proposed Walgreen's Store for the Corner of Silver Lake 11 y Road and 37th Avenue. 12 Bergstrom acknowledged that Mr. Mike Kalscheur of TOLD Development was present to discuss 13 the neighborhood meeting report for the proposed Walgreen's Store for the corner of Silver Lake 14 Road and 37th Avenue North. 15 Mr. Kalscheur reported that the neighborhood meeting was held last Wednesday,and that a mailer 16 had been sent out to residences within a 350-foot radius. The residents were invited to attend the 17 Neighborhood Meeting so that issues could be addressed. Several residents appeared at the meeting, 18 and Mr.Kalscheur felt that the meeting was positive and an excellent exchange of information. One 19 issue that was of significance was the site lighting. Mr. Kalscheur reminded the Commission that 20 Walgreen's had agreed to utilize'a certain type of lighting that is consistent with the plans that the 21 City has agreed upon. Different specific styles of lighting were discussed by Mr.Kalscheur and he 22 explained some types of lighting that various existing Walgreen's store have used. The Walgreen's 23 intent is to have an agreeable balance that would suit the surrounding residents as well as the City 24 and Walgreen's. Mr. Kalscheur would continue to work with Assistant City Manager Sue Henry 25 specifically on the lighting issue. 26 In summary, Mr. Kalscheur noted that the design plans would be available for the Commission's 27 review at the December 2000 meeting. Additionally, Mr. Kalscheur noted that Walgreen's is in= 28 vestigating types of signs that would be used for the new store. 29 Bergstrom noted that the Planning Commission understands that Walgreens and any commercial 30 establishment needs to have light levels that are safe. Additionally, most everyone would like the 31 lighting to be contained on the site as much as possible. He noted that the Planning Commission's 32 intent was to encourage a certain type of style of outdoor lighting for the new store,but that the City 33 encouraged Walgreen's to have a type of lighting that meets the store's expectations as well. 034 Bergstrom acknowledged that the concept review for the Walgreen's store has been helpful and he 35 thanked Mr.Kalscheur for holding the neighborhood meeting to encourage input from the residents. MISCELLANEOUS INFORMATIONAL DOCUMENTS November- 2000 City of St.Anthony Profit&Loss Statement from Operations Actual Actual Year to Date Year to Date Increase. SAV I SAV II STONEHOUSE 11130100 11130/99 (Decrease) Sales $170,354.00 $178,089.00 $62,483.00 $4,213,504.00 $4,109,052.00 $104,452.00 Less: Cost of Goods Sold .$137,254.00 $144,473.00 $18,835.00 $3,034,815.00 $2,996,465.00 $38,350.00 Gross Profit $33,100.00 $33,616.00 $43,648.00 $1,178,689.00 $1,112,587.00 $66,102.00 Ratio to Net Sales 19.43% 18.88% 69.86% 27.97% 27.08% Operating Expense: Salaries,Wages, Benefits $13,319.00 $12,625.00 $24,163.00 $526,529.00 $500,767.00 $25,762.00 All Other Expenses $11,275.00 $11,355.00 $16,674.00 $496,834.00 $478,860.00 $17,974.00 Total Operating Expense $24,594.00 $23,980.00 $40,837.00 $1,023,363.00 $979,627.00 $43,736.00 Ratio to Net Sales 14.44% 13.47% 65.36% 24.29% 23.84% Profit from Operations $8,506.00 $9,636.00 $2,811.00 $155,326.00 $132,960.00 $22,366.00 Other Income ($61.00) $196.00 $3,461.00 $48,655.00 $39,639.00 $9;016.00 Net Income $8,445.00 $9,832.00 $6,272.00 $203,981.00 $172,599.00 $31,382.00 Ratio to Net Sales 4.96% 5.52% 10.04% 4.84% 4.20% November-Net Income $24,549.00 Y-T-D SAV I SAV II STONEHOUSE ALL STORES YEAR TO DATE 11/30/00 .$103,875.00 $75,000.00 $25,106.00 $203,981.00 YEAR TO DATE 11/30/99 $61,898.00 $54,389.00 $56,312.00 $172,599.00 (Audited) INCREASE/DECREASE $41,977.00 $20,611.00 ($31,206.00) $31,382.00 November - 2000 city of St.Anthony Reconciliation to Inventory Valuation Report SAVI SAVII Beginning Inventory: $275,540.17 Beginning Inventory: $303,467.38 Plus or Minus: Plus or Minus: Transfers $6,659.02 Transfers ($6,659.02) Adjustments ($2,234.93) Adjustments ($706.11) Returns to Vendors ($7,829.52) Returns to Vendors ($1,079.25) Add: Receiving $143,570.94 Add: Receiving $130,325.43 Less: Cost of Goods Sold ($137,254.34) Less: Cost of Goods Sold ($144,472.97) TOTAL $278,451.34 TOTAL $280,875.46 Total per Valuation Report $278,177.07 *** Total per Valuation Report $281,099.21. *** Difference ($274.27) Difference $223.75 Beginning December 2000 Inventory $278,177.07 Beginning December 2000 Inventory $281,099.21 ***Comes from Valuation Report ***Comes from Valuation Report 1999 Actual Profits (Audited) 2000 Y-T-D Profits Actual Y-T-D SAV I SAY II Stonehouse SAV I SAV 11 Stonehouse .Profits Comparison January $5,123.00 ($1,509.00) $4,418.00 $8,032.00 January $4,569.00 $1,343.00 $4,496.00 $10,408.00 $2,376.00 February $4,252.00 $4,800.00 : $5,529.00 $22,613.00 February $2,511.00 $3,419.00 ($4,306.00) $12,032.00 ($10,581.00) March $6,694.00 $4,882.00 $7,278.00 $41,467.00 March $9,915.00 $9,020.00 $9,039.00 $40,006.00 ($1,461.00) April $7,020.00 ($6,956.00) $9,152.00 $50,683.00 April. $15,157.00 $9,893.00 $6,060.00 $71,116.00 $20,433.00 May ($1,683.00) $8,570.00 $1,526.00 $59,096.00 May $11,957.00. $10,567.00 ($600.00) $93,040.00 $33,944.00 June $10,356.00 $11,297.00 $8,075.00 $88,824.00 June $13,557.00 $10,924.00 $141.00 $117,662.00 $28,838.00 July $7,238.00 $8,097.00 ($2,564.00) $101,595.00 July . $9,694.00 $7,835.00 ($259.00) $134;932.00 $33,337.00 August ($276.00) $259.00 $6,880.00 $108,458.00 August $7,201.00 $4,050.00 $5,301.00 $151,484.00 $43,026.00 September $7,480.00 $5,350.00 $1,970.00 $123,258.00 September $13,908.00 $5,609.00 $2,295.00 $173,296.00 $50,038.00 October $5,738.00 $4,850.00 $7,413.00 $141,259.00 October $6,961.00 $2,508.00 ($3,333.00) $179,432.00 $38,173.00 November $9,956.00 $14,749.00 $6,635.00 $172,599.00 November $8,445.00 $9,832.00 $6,272.00 $203,981.00 $31,382.00 December $6.936.00 $21.116.00 $4.574.00 $205,225.00 December $Q QQ $4.QQ $Q,QQ $203,981.00 Total $68,834.00 $75,505.00 $60,886.00 $205,225.00 Total $103,875.00 $75,000.00 $25,106.00 $203,981.00 Increasel(Decrease) $41,977.00 $20,611.00 ($31,206.00) $31,382.00 Y-T-D By Store HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY . HOUSING AND REDEVELOPMENT AUTHORITY AGENDA January 9, 2001 PAGE(S) 1. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF JANUARY 9, 2001 H.R.A. AGENDA. IV. CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 6 These items are considered routine and will be enacted by one motion. There will be no separate discussion of these ® items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. V. GENERAL POLICY BUSINESS OF THE H.R.A. A. H.R.A. Resolution 01-006, re: Approve Redevelopment Agreement with Meridian St. Anthony, L.L.C. (for Walgreens) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 33 VI. STAFF REPORTS. VII. H.R.A. COMMISSIONER COMMENTS. VIII. INFORMATION AND ANNOUNCEMENTS. IX. ADJOURNMENT. IV. CONSENT AGENDA. A. H.R.A. Minutes-= December 20, 2000 B. Claims C. H.R.A. Resolutions 01-001- 01-005 • 1 1 CITY OF ST. ANTHONY ® 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES 3 December 20, 2000 4 I. CALL TO ORDER. 5 Mayor Cavanaugh called the meeting to order at 8:41 p.m. 6 II. ROLL CALL. 7 Commissioners present: Chair Cavanaugh; Commissioners Sparks, Thuesen, Horst and 8 Hodson 9 Commissioners absent: None. 10 Also present: Executive Director Michael Momson. l l III. APPROVAL OF DECEMBER 20, 2000 H.R.A. MEETING AGENDA. 12 Motion by Sparks to approve the December 20, 2000 Housing and Redevelopment Authority 13 Meeting Agenda, as presented: 14 Motion carried unanimously. 15 IV. CONSENT AGENDA. 16. Motion by to approve the Consent Agenda, which consisted of: ®17 1. H.R.A. Minutes of December 11, 2000; and 18 2. Claims. 19 Motion carried unanimously. 20 V. GENERAL POLICY BUSINESS OF THE H.R.A. 21 None. 22 VI. STAFF REPORTS. 23 None. 24 VII. H.R.A. COMMISSIONER COMMENTS. 25 None. 26 VIII. INFORMATION AND ANNOUNCEMENTS. 27 None. 28 IX. ADJOURNMENT. 29 Motion by to adjourn the meeting at 8:44 p.m. •30 Motion carried unanimously. 31 Respectfully submitted, 32 Sue Selseth, TimeSaver Off Site Secretarial, Inc. • Following are the claims for the January 9. 2001 EO A meeting 1. Dahlgren, Shardlow and Uban.........................$7002.68 Apache.Redevelopment/Master Plan 2. WSB & Associates, Inc................................... $200.00 Walgreens Plan Review • i • CITY OF ST. ANTHONY H.R.A. RESOLUTION 01-001 A RESOLUTION DESIGNATING A CHAIR FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that is designated as Chair of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of , 2001. Chair Reviewed for administration: Executive Director 4 CITY OF ST. ANTHONY H.R.A. RESOLUTION 01-002 A RESOLUTION DESIGNATING A VICE CHAIR FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that is designated as Vice Chair of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of , 2001. • Chair Reviewed for administration: Executive Director . 5 CITY OF ST. ANTHONY H.R.A. RESOLUTION 01-003 A RESOLUTION DESIGNATING A SECRETARY/ TREASURER FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that is designated as Secretary/Treasurer of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of ; 2001. • Chair Reviewed for administration: Executive Director CITY OF ST. ANTHONY H.R.A. RESOLUTION 01-004 A RESOLUTION DESIGNATING COMMISSIONERS FOR THE ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED, that and are designated as Commissioners of the City of St. Anthony Housing and Redevelopment Authority. Adopted this day of , 2001. Chair Reviewed for administration: Executive Director • V. GENERAL POLICY BUSINESS OF THE H.R.A. A. HRA Resolution,01-006 H.R.A. RESOLUTION.01-006 • RESOLUTION APPROVING EXECUTION AND DELIVERY OF REDEVELOPMENT AGREEMENT WITH MERIDIAN ST. ANTHONY, L.L.C. BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority of St. Anthony, Minnesota(the"HRA"), as follows: 1. It has been proposed that the HRA enter into a Redevelopment Agreement(the "Redevelopment Agreement") with Meridian St. Anthony, L.L.C. (the "Redeveloper"), pursuant to which the HRA will provide funds in the amount of$200,000 to pay certain public redevelopment costs in connection with a project to be undertaken by the Redeveloper in the City of St. Anthony or to reimburse the Redeveloper for the payment of the costs. 2. The execution and delivery by the HRA of the Redevelopment Agreement is hereby approved, and the Chairperson and Secretary of the HRA are hereby authorized to execute and deliver the Redevelopment Agreement in substantially the form presented to this Board with such additions thereto or deletions therefrom as shall be approved by the Chairperson and Secretary of the HRA, such approval to be conclusively presumed by the execution and delivery of the Redevelopment Agreement by the HRA. The financial assistance to be provided by the HRA pursuant to the Redevelopment Agreement shall be paid from tax increment revenue of the HRA legally available • therefor. Dated: January 9, 2001 Chairperson Reviewed by Administration: Executive Director 8 EHLEF% � & ASSOCIATES INC . Q To: Mike Momson, City Manaager From: Jim Prosser W Subject: Walgreens/TOLD Request for Assistance Date: November 17, 2000 Ehlers & Associates has completed a review of the request from TOLD Development Company for assistance with the development of the Walgreens store at the northwest corner of Silver Lake Road and 37'Avenue. TOLD has represented that assistance is necessary due to extraordinary development cost including demolition, environmental clean up and geotechnical corrections. These expenses are considered qualified redevelopment expenses. TOLD has provided Ehlers with a project pro forma for this development. The project pro forma includes estimated extraordinary cost of$640,000 to address these issues. Other project costs appear to be reasonably estimated. The net rent projections appear to be at the high end of the market, but comparable to other Walgreens' leases. The rate of return for this project without assistance would be 8.13% and with assistance of $200,000 the rate of return would be 10.49%. Atypical rate of return for this type of project • would be 14%. This information and analysis supports the use of assistance. It is our understanding that St. Anthony Village is considering the use TIF generated revenue from an approved budget within an existing pre 1990 district to assist this project. Based on this information Ehlers recommend the following: ❑ The Business Subsidy Statutes (116J.993 Subd.3.17)provides that financial assistance is not a subsidy when the recipients's investment in the purchase of the site and in site preparation is 70% or more of the assessor's current estimated market value (EMV). The site includes two parcels. One parcel has an EMV for this site is $304,800,the other part of the site is a portion of another parcel. The portion of the parcel to be acquired has an estimated value of$120,000. The investment to purchase and prepare the site clearly exceed 70% of.this value. Therefore,the assistance provided would not be subject to the Business Subsidy Statutes: ❑ The agreement recording the assistance should include a requirement that TOLD document the expenses demolition, environmental clean up, geotechnical clean up, pilings, structural floor system,parking area soil convections, retaining walls, non- reimbursable tank removal and imported fill material (estimated at $640,000). The amount of assistance would be reduced by the amount of expenses less than$380,000. (This is the amount that would yield a 14% rate of return if all other project expenses are fixed.) • LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive 651.697.8503 fax 651.697.8555 Roseville, MN 55113-1105 jim @ehlers-inc.com • Page 2 November 21, 2000 ❑ If the property is sold within one year the full amount of the assistance shall be repaid to the City. • The assistance should be provided at time the Certificate of Occupancy is issued. This avoids the need to provide construction guarantees and recourse for assistance re- payment. • The agreement should also include a commitment not to seek property tax exemption in the future. • • N:\Minnsota\SL Anthony\walgreens.business subsidy.11.13.00.,.rpd . 1® • REDEVELOPMENT AGREEMENT HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA AND • MERIDIAN ST. ANTHONY, L.L.C. January 9, 2001 • TABLE OF CONTENTS • Section 1.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . 2 Section 2.1 Representations and Warranties: By HRA . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.2 Representations and Warranties: By Redeveloper . . . . . . . . . . . . . . . . . . 4 Section 3.1 Construction Plans . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 3.2 Undertaking of Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 5 Section 3.3 Certificate of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.1 Waiver and Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5.1 Reimbursement to Redeveloper . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 5.2 Reduction Based On Site Development Expenses. . . . . . . . . . . . . . . . . ... ... . . . . .. ... . . . . . . . .. . . . . . . . ... . ... . . . 7 Section 6.1 Declaration of Restrictive Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.1 Transfer and Assignment of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 7.2 Transfer of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 8.1 Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 8.2 Remedies on Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 8.3 No Remedy Exclusive . . ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Section 8.4 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 9.1 Conflict of Interests; HRA and City Repre- sentatives Not Individually Liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 9.2 Equal.Employment Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • -i- .12 Section 9.3 Restrictions on Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • Section 9.4 Titles of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 9.5 Notices and Demands . . . . . . . . . . . . ... . . . . . . . . . . .. . . ... . . . . . . . . . - . 9 Section 9.6 Business Subsidy Act . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 9.7 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Schedule A Redevelopment Property Schedule B Project Description Exhibit A Certificate of Completion Exhibit B Declaration of Restrictive Covenants • . -ii- 13 REDEVELOPMENT CONTRACT • This Agreement is made as of January 9, 2001, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public.body corporate and politic (the "HRA") and MERIDIAN ST. ANTHONY, L.L.C.;a Minnesota limited liability company ("Redeveloper"). WITNESSETH: WHEREAS, the HRA was created pursuant to state law now codified as Minnesota Statutes, Sections 469.001 through 469.047 (the `'Act") and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of St. Anthony (the"City") adopted on July 14, 1981; and WHEREAS, in furtherance of the objectives of the Act, the HRA has undertaken a program for the clearance and redevelopment of blighted, vacant and unused areas of the City and in this connection is engaged in carrying out a redevelopment project as defined in Minnesota Statutes, Section 469.002, Subdivision 12 (the "Redevelopment Project"); and WHEREAS, as of the date of this Agreement there has been prepared and approved by the HRA and the City Council pursuant to the Act a redevelopment plan'for the Redevelopment ® Project (the "Redevelopment Plan"); and WHEREAS, Redeveloper has proposed to redevelop a portion of the property included in the area subject to the Redevelopment Plan (the"Project Area"), and Redeveloper has requested that the HRA provide financial aid and assistance to such project; and WHEREAS, the HRA believes that redevelopment of a portion of the Project Area pursuant to this Agreement is in the best interests of the City and benefits the health, safety, morals and welfare of its residents, and complies with the applicable state and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: • 14 ARTICLE 1 ® Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act"means Minnesota Statutes, Sections 469.001 through 469.047. "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. "Certificate of Completion" means a certification in the form attached as Exhibit A, to be provided to Redeveloper pursuant to this Agreement. "City" means the City of St. Anthony, a Minnesota municipal corporation. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by Redeveloper on the Redevelopment Property as a part of the Project, which (a) shall be at least as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City and (b) shall include at least the following: (1) site plan;(2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) elevations on all sides; (6).landscape plan; (7) grading plan; and (8) utility plan. "Declaration" means the Declaration of Restrictive Covenants set forth in Exhibit B hereto. "Event of Default" means as set forth in Section 7.1 hereof. "HRA" means the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate and politic under the laws of the State of Minnesota. "Plans" means Redeveloper's plans for the Project prepared by , dated as submitted to the City and the HRA, with any subsequent amendments approved by the HRA. "Project" means the construction of a Walgreens retail store and related common areas and site improvements, all as further described in Schedule B attached to this Agreement. "Project Area" means the area designated for redevelopment by the HRA pursuant to the Redevelopment Plan and the Act. "Redeveloper" means Meridian St. Anthony, L.L.C., a Minnesota limited liability company. • -2 15 "Redevelopment Plan" means Redevelopment Plan of the HRA which relates to the Redevelopment Property. "Redevelopment Property" means the portion of the Project Area described on Schedule A attached hereto. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. "Site Development Expenses" means the aggregate amount actually expended by Redeveloper with respect to the Project for costs associated with the following: (a) demolition; (b) environmental clean up; (c) geotechnical clean up; (d) pilings; (e) structural floor systems; (f) parking area soil corrections; (g) retaining walls; (h) non-reimbursable tank removal; and (i) imported fill material. "State" means the State of Minnesota. "Unavoidable Delay"means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within 10 days after a party impaired by the delay has knowledge of the delay it shall give the.other party notice of the • delay and the.estimated length of the delay, and shall give the other party notice of the actual length of the delay within 10 days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 Representations and Warranties Section 2.1 By HRA. The HRA makes the following representations to Redeveloper: (a) The HRA is a housing and redevelopment authority duly organized and existing under the laws of Minnesota. Under the provisions of the Act, the HRA has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Project is a"redevelopment project" within the meaning of the Act and was created, adopted and approved in accordance with the terms of the Act. (c) The costs related to the portion of the Project described in Schedule C hereto constitute "public redevelopment costs" as defined in Minnesota Statutes, Section 469.033, which are 16 permitted to be paid from tax increment, pursuant to Minnesota Statutes, Section 469.176. The HRA • proposes to financially assist Redeveloper by reimbursing all or a portion of the costs of the Project described in Schedule C which was paid by Redeveloper. Section 2.2 By Redeveloper. Redeveloper represents and warrants that: (a) Redeveloper is a limited liability company duly organized and validly existing and in good standing under the laws of the State of Minnesota, has power to enter into this Agreement, and by proper corporate action has duly authorized the execution, delivery and performance of this Agreement. (b) Redeveloper will, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement. (c) Redeveloper has received no notice or communication from any local, state or federal official that the activities of Redeveloper, the City or HRA with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. Redeveloper is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Redevelopment Property. (d) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of, any restriction, agreement or instrument to which Redeveloper is now a party or by which it is bound. (e) Redeveloper would not undertake the Project but for the financial assistance being provided by the HRA hereunder and the costs to be paid by Redeveloper with respect to the acquisition and development by Redeveloper of the Redevelopment Property will be in excess of $200,000. (f) No member of the governing body of the City or HRA or any other officer of the City and HRA has any direct or indirect financial interest in Redeveloper, the Redevelopment Property or the Project. ARTICLE 3 Completion of Project Section 3.1 Construction Plans. Redeveloper shall submit Construction Plans to the HRA. The HRA shall approve the Construction Plans in writing if no Event of Default has occurred and, in the reasonable discretion of the HRA, the Construction Plans: (a) substantially conform to the Plans and subsequent amendments approved by the HRA; (b) conform to the terms and conditions of -4- 17 this Agreement; (c) conform to all applicable federal, state and local laws, ordinances, rules and regulations; and (d) provide for minimum disturbance to neighboring properties during construction. No approval by the HRA shall relieve Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations. No approval by the HRA shall constitute a waiver of an Event of Default. Any disapproval of the Construction Plans shall set forth the reasons therefor, and shall be made within 30 days after the date of their receipt by the HRA. If the HRA rejects the Construction Plans, in whole or in part, Redeveloper shall submit new or corrected Construction Plans within 30 days after written notification to Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the HRA. Section 3.2 Undertakine of Project. (a) Subject to Unavoidable Delays, Redeveloper will complete the Project all in accordance with the Plans and the Construction Plans on or before —. 20—. (b) All work with respect to the portion of the Project consisting of construction shall be in substantial conformity with the Construction Plans approved by the HRA. Redeveloper shall promptly begin the Project and diligently prosecute the Project to completion. Redeveloper shall make reports, in such detail and at such times as may reasonably,be requested by.the HRA, as to the actual progress of Redeveloper with respect to the Project. (c) Redeveloper shall document all Site Development Expenses actually incurred by Redeveloper in preparing the Redevelopment Property for completion of the Project. Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the HR-A, as to such Site Development Expenses of Redeveloper with respect to the Redevelopment Property. (d) Redeveloper shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. Except for public improvements which are assessable by the City or other governmental. body against other benefitted properties, all street and utility installations, relocations, alterations and restorations shall be at Redeveloper's expense and without expense to the City or the HRA. Redeveloper at its own expense shall replace any public facilities or utilities damaged during the Project. Section 3.3 Certificate of Completion. (a) Promptly after completion of the Project in accordance with this Agreement, Redeveloper will provide the HRA with a certificate in form satisfactory to the HRA executed by • -5- Redeveloper certifying that the Project has been completed in accordance with the Plans and the tConstruction Plans. and the HRA v%411 fiirr_ish Redeveloper with an appropriate Certificate of Completion as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of Redeveloper to complete the Project. (b) If the HRA shall refuse or fail to provide the Certificate of Completion,.the HRA . shall, within 15 days after Redeveloper provides the certificate referenced in Section 3.3(a), provide Redeveloper with a written statement specifying in what respects Redeveloper has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the HRA, for Redeveloper to obtain the Certificate of Completion. ARTICLE 4 Waiver and Indemnitv Section 4.1 Waiver and Indemnitv. In consideration of the HRA's covenants and agreements contained in this Agreement. Redeveloper agrees to waive any and all claims against the HRA and the City and their respective officers, employees and agents with respect to any - contamination of the Redevelopment Property, known or unknown, whether emanating from on-site or off-site sources, whether existing, ongoing or developing. Further, Redeveloper shall indemnify and hold harmless the HRA and the City and their respective officers, employees and agents for any loss, damages and expenses (including attorneys' fees) in connection with any claims or proceedings arising from damages or injuries received or sustained by any person or property by reason of any actions or omissions of Redeveloper or its contractors, agents, officers or employees or arising out of or relating to this Agreement or the transactions contemplated by this Agreement, other than claims or proceedings arising from any negligent or unlawful acts or omissions of the HRA, the City or their contractors, agents, officers or employees, and in connection with any claims or proceedings related to payment of relocation benefits to any person as a result of any redevelopment of the Redevelopment Property by Redeveloper. Promptly after receipt by the HRA or City of notice of the commencement of any action in respect of which indemnity may be sought against Redeveloper under this Section 4.1, such person will notify Redeveloper in writing of the commencement thereof, and, subject to the provisions hereinafter stated, Redeveloper shall assume the defense of such action(including the employment of counsel, who shall be counsel satisfactory to the HRA or City, as the case may be, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against Redeveloper. The HRA or the City shall have the right to employ separate counsel in any such action and to participate in the defense thereof; but the fees and expenses of such counsel shall not be at the expense of Redeveloper unless the employment of such counsel has been specifically authorized by Redeveloper. Redeveloper shall not be liable to indemnify any person for any settlement of any such action effected without its consent. The omission to notify Redeveloper as herein provided will not relieve it from any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. • -6-- 9 ARTICLE 5 Reimbursement of Project Costs to Redeveloper Section 5.1 Reimbursement to Redeveloper. Subject to Section 5.2 of this Agreement, the HRA agrees to reimburse Redeveloper for$200,000 with respect to costs paid by Redeveloper for the acquisition.and development of the Redevelopment Property. Such reimbursement shall be paid to Redeveloper upon the issuance of the certificate of occupancy for the Project to be constructed on the Redevelopment Property in accordance with the Construction Plans. Section 5.2 Reduction Based On Site Development.Expenses. If the amount of Site Development Expenses actually incurred by Redeveloper in preparing the Redevelopment Property for completion of the Project is less than $380,000, Redeveloper agrees that the HRA will reduce its reimbursement to Redeveloper under Section 5.1 by the amount of Site Development Expenses less than $380,000. ARTICLE 6 Declaration of Restrictive Covenants - Section 6.1 Declaration of Restrictive Covenants. Redeveloper shall execute and record on the title to the Redevelopment Property the Declaration, as set forth in Exhibit B, and shall • cause the mortgagee of each mortgage which covers any portion of the Redevelopment Property in existence at the time of recording of the Declaration to execute an appropriate instrument in form and substance satisfactory to the HRA consenting to and agreeing to be bound by the Declaration in the event such mortgagee becomes a record owner of all or part of the Redevelopment Property. ARTICLE 7 Prohibition on Transfer or Assignment Section 7.1 Transfer or Assignment of Agreement. This Agreement may not be transferred or assigned by Redeveloper without the prior written consent of the HRA. Section 7.2 Transfer of Propertv. Redeveloper agrees not to make, or suffer to be made, any total or partial sale, conveyance, lease, or other transfer with respect to the Redevelopment Property or any part thereof or any interest therein within one year of the issuance of the Certificate of Completion by the HRA. Upon such sale, conveyance, lease, or other transfer by Redeveloper, any reimbursement amount paid to Redeveloper by the HRA under Section 5.1 shall become immediately due and payable to the HRA by Redeveloper. -7- 2® ARTICLE 8 Events of Default Section 8.1 Events of Default. The following shall be "Events of Default" under this Agreement and the term"Event of Default" shall mean, whenever it is.used in this Agreement(unless the context otherwise provides), any one or more of the following events which occurs and continues for more than 30 days after notice by the HRA to Redeveloper of such default(and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "Event of Default" hereunder): (a) Failure of Redeveloper to complete the Project as required hereunder. (b) Failure of Redeveloper to observe and perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 8.2 Remedies on Default. Whenever, any Event of Default referred to in Section 8.1 occurs, the HRA may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from Redeveloper, deemed adequate by the HRA, that Redeveloper will cure its default and continue its • performance under this Agreement. (b) Terminate all rights of Redeveloper under this Agreement. (c) Withhold the Certificate of Completion. (d) Take whatever action at law or in equity may appear necessary or desirable to the HRA to enforce performance and observance of any obligation, agreement, or covenant of Redeveloper under this Agreement. In the event any action is commenced against Redeveloper by the HRA or the City upon the occurrence of an Event of Default, the party commencing such action shall be entitled to recover costs and expenses.of such action, including reasonable attorneys fees, from Redeveloper. Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this . Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and • -8- 21 as often as may be deemed expedient. In order to entitle the HRA or Redeveloper to exercise any • remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.4 Waivers. All waivers by the HRA shall be in writing. If any provision of this Agreement is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 9 Additional Provisions Section 9.1 Conflict of Interests• HRA and City Representatives Not Individually Liable. No member, official, employee, or consultant or employees of the consultants of the HRA or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, consultant or the consultant's employees or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, consultant or the consultant's employees, or employee of the HRA or the City shall be personally liable to Redeveloper, or any successor in interest, in the event of any default or breach,by the HRA or the City or for any amount which may become due to Redeveloper or successor or on any obligations under the terms of this Agreement. Section 9.2 Equal Employment Opportunity. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. Section 93 Restrictions on Use. Redeveloper agrees for itself, and its successors and assigns, that Redeveloper, and such successors and assigns, shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4 Titles of Articles and Sections. Any titles.of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either parry to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: • -9- 22 (a) in the case of Redeveloper, addressed to or delivered personally to Redeveloper at (b) in the case of the HRA, addressed or delivered personally to the HRA's Executive Director, 3301 Silver Lake Road, St. Anthony, Minnesota 55418; or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other parties as provided in this Section. Section 9.6 Business Subsidy Act. Redeveloper represents and warrants to the HRA that Redeveloper's investment in the purchase of the Redevelopment Property and in site preparation with respect to the Redevelopment Property, less the amount to be reimbursed to Redeveloper by the HRA pursuant to Section 5.1 hereof, will be 70 percent or more of the assessor's current year's estimated market value and, therefore, the amounts to be reimbursed to Redeveloper pursuant to Section 5.1 hereof do not constitute a"business subsidy" within the meaning of Minnesota Statutes, Section 116J.993, Subdivision 3 and are not subject to the requirements of Minnesota Statutes, Sections 116J.993 through 116J.995. Section 9.7 Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. • -10- 23 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By. Its Chairman By Its Secretary MERIDIAN ST. ANTHONY, L.L.C. By - Its • • -11- 24 STATE OF MINNESOTA ) • ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by , the Chairman, and , the Secretary, of the Housing and Redevelopment Authority of St. Anthony, Minnesota. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2001, by , on behalf of Meridian St. Anthony, L.L.C., a Minnesota limited liability company. Notary Public This Instrument Was Drafted By: Dorsey & Whitney LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 ® -12- 25 SCHEDULE A REDEVELOPMENT PROPERTY • .26 SCHEDULE B • PROJECT DESCRIPTION I. SITEWORK II. EXTERIOR III. STRUCTURE IV. INTERIORS • • V. . UTILITIES EXHIBIT A ® CERTIFICATE OF COMPLETION WHEREAS, the Property described on Exhibit 1 attached hereto and made a part hereof(the "Property") is subject to the provisions of a certain Redevelopment Agreement (the "Agreement") dated _, 2001 by and between Meridian St. Anthony, L.L.C. ("Redeveloper") and the Housing and Redevelopment Authority of St. Anthony, Minnesota (the "HRA"); and WHEREAS, Redeveloper has fully and duly performed all of the covenants and conditions of Redeveloper under the Agreement with respect to the completion of the Project (as defined in the Agreement); NOW, THEREFORE, it is hereby certified that all requirements of Redeveloper under the Agreement with respect to the completion of the Project have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement as they relate to the completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. Dated this day of. j2001. • HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chairman By Its Secretary • A-1 . 28 STATE OF MINNESOTA ) ® ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by , the Chairman, and , the Secretary, of the Housing and Redevelopment Authority of St. Anthony, Minnesota. Notary Public This Instrument Was Drafted By: DORSEY & WHITNEY LLP (JPG) Pillsbury Center South - 220 South Sixth Street Minneapolis, Minnesota 55402 ® A-2 29 EXHIBIT B DECLARATION OF RESTRICTIVE COVENANTS This Declaration is made and executed as of the day of , 2001, by Meridian St. Anthony, L.L.C., a Minnesota limited liability company ("Declarant"). WHEREAS, Declarant is fee owner of the following described premises located in the County of Hennepin, State of Minnesota(the "Property"): WHEREAS, the Housing and Redevelopment Authority in St. Anthony, Minnesota(the "HRA") has entered into a Redevelopment Agreement, dated January 9, 2001 (the "Redevelopment Agreement"), with the Declarant. The Redevelopment Agreement provides for certain aid and assistance to be provided by the HRA in connection with acquisition by the Declarant of the Property and the construction by the Declarant of a retail store and related improvements on the Property; and • WHEREAS, Section 6.1 of the Redevelopment Agreement provides for this Declaration to be executed by Declarant and for this Declaration to be filed of record in the real estate records. NOW, THEREFORE, in consideration of the foregoing and in compliance with its obligations under Section 6.1 of the Redevelopment Agreement, Declarant, for itself, and its successors and assigns, does hereby declare that the Property shall be owned, used, occupied, sold and conveyed subject to the following covenants and restrictions: 1. The Property shall not be exempt from real estate taxes notwithstanding the ownership or use of the Property. 2. The Property shall not be sold, transferred, conveyed or leased to any of the following parties: (a) An institution of purely public charity; (b) A church or ancillary tax exempt housing; (c) A public hospital; • B-1 3 (d) A public school district; • (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended ; or (f) A Minnesota cooperative association organized under Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133, subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 3. The Property shall not be used for any of the following purposes: (a) The operation of a public charity; (b) A church or house of worship; (c) The operation of a public hospital; (d) The operation of a public schoolhouse, academy, college, university, or seminary of learning; or (e) Any other use which would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 4. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property, provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the HRA and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the HRA, and variances may be granted to the covenants and restrictions herein contained by the sole act of the HRA. These covenants and restrictions shall be enforceable only by the HRA, and only the HRA shall have the right to obtain an injunction, prohibitive or mandatory, to prevent the breach of covenants and restrictions herein contained, or to enforce the performance or observance thereof. • B-2 31 5. The covenants and restrictions herein contained shall remain in effect until December • 31, 2030, and thereafter shall be null and void. 6. If any one or more of the covenants or restrictions contained in this Declaration are held to be invalid or unenforceable, the same shall in no way affect any of the other provisions of this Declaration,which shall remain in full force and effect. MERIDIAN ST. ANTHONY, L.L.C. By Its • B-3 32 • STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2001, by LLC., a Minnesota limited liability company. Notary Public This Instrument Was Drafted By: Dorsey & Whitney LLP (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis; Minnesota 55402 B-4 • CERTIFICATE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA I, the undersigned being the duly qualified Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, hereby attest and certify that: 1. As such officer, I am the recording officer of the Housing and Redevelopment Authority of St. Anthony, Minnesota and have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: Resolution Approving Execution and Delivery of Redevelopment Agreement with Meridian St. Anthony, L.L.C. • 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such Executive Director this day of , 2001. Michael Morrison, Executive Director