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Document: CC PACKET 01082002
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--`6OUNCgL MEETia. wg'
CITY OF ST. ANTHONY .
CITY COUNCIL MEETING AGENDA
January 8, 2002
7:00 PM, Council Chambers
Call to Order.
Pledge of Allegiance. �.
Roll Call.
Appointment to City Council Vacancy/Swearing in. Action requested.
Consideration, Discussion, and Possible Action on All of the Following
Items:
1. Approval of January 8, 2002 City Council Meeting Agenda. Action
requested.
11. Proclamations and Recognitions.
111. 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 rive minutes. Generally, the City Council will not take official action on items discussed at this
time, but may typically refer the matter to staff for a future report or direct that the matter be scheduled on
an upcoming agenda.
IV. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which event the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
1. Approve December 11, 2001 Council meeting minutes. (pp. 1 - 6)
2. Approve licenses and permits. (p. 7)
3. Approve claims. (pp. 8 - 14)
4. Resolutions 02-001 through 02-011 (annual "housekeeping" resolutions):
001 - Designate Acting Mayor for 2002 (p. 15)
002 -Authorize persons to make certain transactions to City accounts (p. 16)
003 - Designate official depository for City funds (p. 17)
004 - Designate Public Health Officer (p. 18)
Page 2.
- 005 - Designate legal newspaper (pp. 19 - 20)
006 - 010 - Designate Mayor and Councilmembers participation in outside.
organizations (pp. 21 - 25)
011 -Adopt Standing Rules of Conduct for Council Meetings (pp. 26 - 31)
5. Ordinance 2001-004, re: Wireless telecommunication towers and facilities (31
reading) (pp. 32'.-45)
V. Public Hearings
1. Consider amendment to redevelopment plans and Chandler Place Tax Increment
Financing District (Resolution 02-015) Action requested. (pp. 46 - 55)
VI. Reports From Commissions and Staff
1. Planning Commission - December 18, 2001: (pp. 56 - 69)
a. Village North, LLP; for 2801-37th Avenue NE; conditional use permit for
packaging of wax and other components into candle products(Resolution
02-016). Action requested. (pp. 70 - 77)
b. Ordinance 2002-001, re: Requires business licenses for message therapy
business (1" reading). Action requested. (pp. 78 - 87)
2. Flood Improvement Project Funding update. Todd Hubmer, WSB &Associates, Inc.
will be present. (pp. 88- 89) Action is requested on the following resolutions:
a. Resolution 02-012, re: Call hearing on 2002 street/utility improvements (p.
90)
b. Resolution 02-013, re: Declare cost to be assessed and order preparation
of proposed assessment (p.'91)
C. Resolution 02-014, re: Call hearing on proposed assessment for 2002
street/utility improvements (p. 92 - 93)
VII. General Policy Business of the Council
1. .Select date and time for Board of Review. Action requested. (p. 94)
Vill. Reports From City Manager and Councilmembers
IX. Information and Announcements
X. Miscellaneous Informational Documents
XI. Adjournment
- 1
CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
December 11, 2001
I. CALL TO ORDER.
Mayor Hodson called the meeting to order at 7:02 p.m.
II. PLEDGE OF ALLEGIANCE.
Mayor Hodson invited the Council and the audience to join in the Pledge of Allegiance.
III. ROLL CALL.
Councilmembers present: Mayor Hodson; Councilmembers Sparks, Thuesen,Horst
and Faust.
Councilmembers absent: None.
Also present: City Manager Mike Mornson.
IV. APPROVAL OF DECEMBER 11,2001 CITY COUNCIL REGULAR MEETING
AGENDA.
Motion by Councilmember Thuesen to approve the December 11, 2001 City Council Regular
Meeting Agenda.
Motion carried unanimously.
V. PROCLAMATIONS AND RECOGNITIONS.
None.
VI. COMMUNITY FORUM.
Mayor Hodson invited residents in the audience to speak to the Council on items that are not on
the regular agenda.
Hearing none, Mayor Hodson moved forward with the agenda.
VII. CONSENT AGENDA.
Mornson referred to the appointment of Parks and Planning Commission candidates, as they are
part of the Consent Agenda for tonight. He indicated that,prior to tonight, s meeting, the
Council held a work session and interviewed candidates for the Parks and Planning
Commissions. Morrison reviewed the results:
Parks Commission: Doug Koehntop and Carol Jindra will be re-appointed to three-year
terms
Three openings for the Planning Commission: Randy Stille, and Todd Hanson will be re-
appointed for three-year terms, and James Hoska will serve a one-year term
Motion by Councilmember Sparks to approve the Consent Agenda. Said Consent Agenda
consisted of:
2
City Council Regular Meeting Minutes
December 11, 2001
Page 2
1. Council Regular Meeting Minutes B November 27, 2001: and
2. Licenses/Permits, and
3. Claims, and
4. Resolution 01-092, re: Approve Ramsey County Grant application and Program: and
5. Resolution 01-093, re: Approve Cleaning Service Contract for City Hall/Community
Center Building and
6. Ordinance 2001-004, re: Wireless Telecommunication Towers and Facilities(2"d
reading), and
7. Appoint Parks and Planning Commissioners from those persons interviewed earlier this
evenin .
Motion carried unanimously.
VIII. Hennepin County Attorney Amy Klobuchar will attend the meeting to give a
presentation and answer questions.
Mayor Hodson introduced Amy Klobuchar. She indicated that the City of St. Anthony was the last of
the City Council' s that she was scheduled to address.
Klobuchar stated that she was there to inform the Council of how their office handles cases, and to
inform them that they have assigned a Police Liaison to each Police Department in Hennepin County.
The Police Liaison to St. Anthony is Therese Galatowitz.
Klobuchar indicated that Galatowitz was a very seasoned prosecutor who has handled a number of
major murder cases, and someone who works very well with the community. She added that Galatowitz
could not be present this evening, but she invited anyone to call her at her office at anytime regarding
any questions about any on-going cases in St. Anthony.
Klobuchar indicated that one thing that she did when she came into office was compile a one hundred-
day goal and a year-end goal. She added that they have continued to compile those goals every year.
Klobuchar indicated that their main focus was on gun prosecution. She added that their goal was to
increase the percentage of the cases that they charged that the police bring to them by twenty-five
percent. She indicated that they met that goal, and over three years, they have increased that percentage
by fifty percent, to a five-year mandatory minimum.
Klobuchar indicated that another area that they worked hard in was the area of property crimes. She
indicated that the community brought this area to her attention. She stated that they have two thousand
felony property crimes that come into Hennepin County a year. Klobuchar added that they now have a
special team of seven lawyers for felony property crimes, two of which focus solely on repeat offenders.
Klobuchar reviewed the process with the Council, stating that they are trying to get longer sentences for
the career offenders.
Klobuchar indicated that in the juvenile area, the spectrum is long and wide, from stealing candy bars to
murder. She indicated that, upon reviewing past records of serious offenders, juveniles really started
getting into trouble when they started missing school. She added that fifty-three percent of students in
City Council Regular Meeting Minutes
December 11, 2001
Page 3
the Minneapolis schools were legally truant last year, meaning that they missed seven or more
unexcused days of school.
Klobuchar turned her attention to the Council for any questions.
Councilmember Sparks asked Klobuchar to expound upon they ways that they are handling juvenile
crime. Klobuchar indicated that it is their goal to make certain that there is appropriate punishment for
kids. She indicated that they are using more and more community service for punishments. She stated
that national statistics show that sixty percent of children who get in trouble once, do not get in trouble
again.
Klobuchar added that they do not want to over-react when children first act out. She added that she was
a big believer in community service where they are at least fixing up the neighborhood where they have
committed their crime.
Councilmember Thuesen thanked Klobuchar for her continuous information.
Mayor Hodson thanked Klobuchar for her presentation.
IX. PUBLIC HEARINGS.
1. Resolution 01-094. re: Proposed 2002 City Budget and Property Taxes.
Mayor Hodson opened the public hearing at 7:15 p.m.
Morrison indicated that Roger Larson was also present to review a few overheads with
the Council. He added that there has been a drastic relationship change between local
and state governments.
Morrison stated that the General Fund accounts for resources devoted to financing
general services which include: General Government, Police, Fire, Public Works and
Parks. He added that it is the largest budget and is the main operating fund of the city.
Mornson reviewed the levies and budgets for 2001 and 2002. He stated that state
legislature eliminated HACA aid to cities with the expectation that Cities would levy to
recover their loss in revenue. Morrison added that this change created a significant
increase in the Levy and Tax Rate.
Morrison stated that the levy for 2002 could basically be attributed to the loss in state
revenue that they are receiving based on the property tax reform.
Morrison added that expenditures for 2002 were largely the same as 2001, and that sixty-
five percent of expenditures were made up of basic services(police, fire and public
works). He added that there was no new staff in the budget, but that there were about
$475,000 worth of capital expenditures.
City Council Regular Meeting Minutes 4
December 11, 2001
Page 4
Morrison indicated that the plan for the money that the City collects from commercial tax
statements was intended to go to the schools.
Morrison shared the average decrease in property taxes in various cities, few cities have a
small increase. He added that the higher the value of the residential property in the
community,the larger the percent increase received in tax reduction.
Morrison indicate that they were not required to hold a public hearing this year, but stated
that they chose to in order to educate the residents.
Mayor Hodson stated that he continues to be asked if the City is eliminating services with
this budget. Mornson indicated that they are not eliminating services at this point, but
that may happen to some extent in 2003.
Mayor Hodson asked about the announcement of significant deficit within the state and
whether they would experience those ramifications through the League of Minnesota
Cities. Morrison indicated that,normally,when a budget is approved, all capital
expenditures are also approved. He added that they will ask department heads to not
automatically assume that all capital expenditures are,approved, and that he and Larson
will request a checks and balances in order to have something to fall back on in case they
take a mid-year cut from the state.
Mayor Hodson asked if they needed to have some indication of potential cutbacks before
the Council heads into their annual goal setting in January. Morrison stated that they may
have that information by then, but not to be too concerned about it.
Mayor Hodson closed the public hearing at 7:30 p.m.
Motion by Councilmember Faust to adopt Resolution 01-094, re: Proposed 2002 City
Budget and Property Taxes.
Motion carried unanimously.
X. REPORTS FROM COMMISSION AND STAFF.
None.
XI. GENERAL POLICY BUSINESS OF THE COUNCIL.
None.
XII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
Morrison reviewed the handout that he distributed containing his updates.
Morrison indicated that it is going to be a busy year for them early on,as the League of Minnesota Cities
Legislative Conference is on February 1, 2002. He also noted the League of Minnesota Cities
Leadership and Elective Officials Conference was to be held on February 15-16 in St. Louis Park.
a�
City Council Regular Meeting Minutes
December 11, 2001
Page 5
Mornson reviewed the TIF memo. He indicated that, back in November, they approved a motion to call
for a public hearing on January 8, 2002 to amend the City of St. Anthony' s TIF budget. He.added that
it is the money from the Chandler tax increment district. Mornson_stated that new items were added to
the plan that provided them the authority to purchase new property for redevelopment.
Momson continued that possible land purchases could include:
Purchase and Removal of Hardee' s Property to prepare for redevelopment
Purchase and Removal of Exhaust Pro Property to prepare for redevelopment
Removal of Phillip=s 66 Gas Station to prepare for redevelopment
Councilmember Faust encouraged Councilmembers to attend the League of Minnesota Cities
Conference. Mornson concurred.
Councilmember Thuesen also agreed that attendance to the League of Minnesota Cities Conference was
important and valuable.
Councilmember Horst indicated that an audit had been done by the school board of the services
provided by community services. He added that the audit revealed that there is some significant
shortfall in some programs putting them into budget crisis. He added that there was a lot of discussion
of what they could/should cut. He concluded that these were issues that he would like to bring up at
another meeting with the Council, and asked the Council to keep an open mind regarding these issues in
relation to goal-setting.
Mayor Hodson reviewed the letter that he had distributed to the Council, Planning Commission, and
Northwest Quadrant Steering Committee regarding a Developer Open House for the Northwest
Quadrant to be held on January 24, 2002 from 4:00 to 8:00 p.m. in the St. Anthony City Hall and
Community Center. He urged all residents to take the opportunity to come in and view some of the
options.
Mayor Hodson referred to a memo he had received from Santa Claus. Santa indicated that he would be
riding on the fire truck through the City of St. Anthony on December 16`h, 17`h, and 19`h. He stated he
would also be collecting toys for Toys for Tots while he rides through town.
Mayor Hodson reviewed the Urban Currents Program where he will be present to discuss Smart Growth.
Mayor Hodson referred to a meeting with State of the Region on Wednesday, December 12, 2001 which
he and Mornson will attend and bring the information back to the Council at the next meeting.
XIII. INFORMATION AND ANNOUNCEMENTS.
None.
XIV. ADJOURNMENT.
Motion by Councilmember Sparks to adjourn the meeting at 7:40 p.m.
Motion carried unanimously.
City Council Regular Meeting Minutes QD
December 11,2001
Page 6
XIV. ADJOURNMENT.
Motion by Councilmember Sparks to adjourn the meeting at 7:40 p.m.
Motion carried unanimously.
Respectfully submitted,
Courtney Seesz
TimeSaver Off Site Secretarial, Inc.
Mayor
ATTEST:
City Clerk
7
Saint Anthony Village
DATE. January 8, 2002 Approval:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval:
General Contractors License:
Glenn Rehbein Excavating, Inc., Blaine, MN
Heating License:
Practical Systems, Rogers, MN
8
BRC FINANCIAL_ SYSTEM ST. ANTHONY;_ VIL
- ..:-12/31/2001 13: - - - --- --- -----.-Check -Register - --- --GL540R-VO6.40 PAGE
BANK VENDOR CHF_CK# DATE AMOUNT
- FIRS BREMER BANK NA
- 008242 - -AFFILIATED COMPUTER .°SERV 16545 01/09/0.2 9,080.53
008471 AIRGAS NORTH CENTRAL 16546 01/09/02 64.94
008268 AMERICAN PAYMENT CENTERS 16547 01/09/02 75.00
- - 008090 AMERICAN WATER WORKS--ASS 16548 01/09/02 112.00
.00001 ANDERSON/DOUGLAS 16549 01/09/02 50.00
008450 ANIMAL CONTROL SERVICES, 16550 01/09/02 528.92
-- ------007346 ...... --ARROW AUTO -& TRUCK PARTS 16551 01/09/02 10.70
008237 ASPEN MILLS 16552 01/09/02 75.00
008511 AT & T WIRELESS 16553 01/09/02 11 .09
004 271 -AT&T 16554 01/09/02 - 4.65
008255 AVAYA, INC . 16555 01/09/02 29.32
008678 BARBAROSSA & SONS, INC. 16556 01/09/02 102,849.06
- - -- - --007332 BAUER BUILT INC .16557 01/09/02 100.36 -
- 000320 BEISSWENGER APPLIANCE 16558 01/09/02 21 .02
007168 BOYER FORD TRUCKS, INC . 16559 01/09/02 55.51
- 007253 BRAKE & EQUIPMENT- WAREHO --------- 16560 01/09/02 96.91
- 000430 BRIGHTON AUTO ELECTRIC 16561 01/09/02 84.07
-- 007157 BROCK WHITE COMPANY, LLC 16562 01/09/02 40.21.
008758 BUILDERS CARPET, INC . 16563 01/09/02 8,296.00
008728 CARL.SON TRACTOR & EQUIP. 16564 01/09/02 51 .62
007386 CASTLE INSPECTION SF_RVIC 16565 01/09/02 3,379.47
000610 - -- CATCO CLUTCH & .TRANS SVC 16566 01/09/02 81 .92
004065 CENTRAL_ LOCK & SAFE CO 16567 01/09/02 54.85
008427 CENTURY COLLEGE 16568 01/09/02 506.00
- - 008644- CHAMPPS -AMF_RICANA 16569 01/09/02 262.52
.00003 CITY OF BURNSVILLE 16570 01/09/02 150.00
008747 CITY OF CRYSTAL 16571 01/09/02 45.00
- 008542 CITY OF MOUNDS VIEW 16572 01/09/02 21 .00
008693 CITY OF NEW HOPE 16573 01/09/02 24.00
008577 CITY OF ST. PAUL 16574 01/09/02 509. 10
- 008550 COMMERS - 16575 01/09/02 71 .89
004107 COMPTON 'S COMMERCIAL CLN 16576 01/09/02 3,834.00
.00002 COMPUTER ELECTRONIC 16577 01/09/02 50.00
-- -- 0084.86 - - CONSTRUCTION BULLETIN MA 16578 01/09/02 215. 16
000800 DAVIF_S WATER EQUIP CO. 16579 01/09/02 257 .60
009743 DELL. MARKETING, INC . 16580 01/09/02 .5,093.97.
008848 DIVERSIFIED CRYOGENICS 16581 01/09/o 43 .55
00974.2 DONALD SALVERDA & ASSOCI 16582 01/09/02 1 ,644.86
000820 DORSEY & WHITNEY 16583 01/09/02 10,927 .75
- - - - 008666 EASYL.INK SERVICES CORPOR - 16584 01/09/02 103.00
008809 ELAN FINANCIAL SERVICES 16585 01/09/02 92. 11
.00011 ELGARD EXCAVATNG AND 16586 01/09/02 1 ,245.00
008362 EMBEDDED SYSTEMS, INC . 16587 01/09/02 384.00
008604 EMERGENCY APPARATUS 16588 01/09/02 986.45
008842 FABYANSKF_, WESTRA & HART 16589 01/09/02 2,992.00
009153 FILTERFRSH 16590 01/09/02 63.93
008363 FIREHOUSE MAGAZINE 16591 01/09/02 28.97
008221 FOSTER,WENTZELL,HEDBACK, 16592 01/09/02 4,000.00
9
BRC FINANCIAL SYSTEM ST. ANTHONY VIL.
----- ChecE,--Register- - _...._ .__-.. GL540R-V06. 40 PAGE
BANK VENDOR CHECK# DATE AMOUNT
FIRS BREMER BANK NA
--. 008647_-- -----FRATTALLONE'S HARDWARE----. ----.--- 01"/09/01?. 43. 1r2
001025 G & K SERVICES 16594 01/09/02 68.67
001030 G & K SERVICES INC 16595 01/09/02 808.38
-00881.6--- - GENUINE PARTS COMPANY-MI - . 16596 -01/09/02 24:59
001145 GLENWOOD INGLEWOOD 16597 01/09/02 68.43
001180 GOODIN COMPANY 16598 01/09/02 11 .82
- ------007188--- ------H -&- L--MESABI --INC....-- -- -.. - 16599- 01-/09/02 - 767. 11 --
008752 H & T CORP. OF MINNESOTA 16600 01/09/02 180.46
001300 HACH COMPANY 16601 01/09/02 42.67
CONCRETE-- WORKS - _.._..__ _. ..- -- 16602--01-/09/02 956.53
001410 HARMON AUTOGLASS 16603 01/09/02 244.77
- .00013 HENN ChITY CENTRAL SVCS 16604 01/09/02 25. 10
- ---008625-- - -HENN -CNTY--CHIEFS--OF POLI - - 16605 -01/09/02 100.00
001505 HENN CO SHERIFF 16606 01/09/02 1 ,337.82
008376 HENNEPIN CNTY SHERIFF 'S 16607 01/09/02 1 ,701 .35
- 008342 - HENNEPIN-COUNTY TREASURE - 16608 01/09/02 510:35
- 008365 HENNEPIN COUNTY TREASURE 16609 01/09/02 370.62
007326 HENRY & ASSOCIATES 16610 01/09/02 1 , 780.47
008709 - - -HENRY/SUSAN 16611 01/09/02 - 80.75
.00012 HOBAN/THOMAS 1661.2 01/09/02 400.00
008252 HOME DEPOT-GECF 16613 01/09/02 63.77
008366 ICMA 16614 01/09/02 1 , 032.98
008658 INSTRUMENTAL RESEARCH, I 16615 01/09/02 63.00
008769 ISD #621 COMPUTER LEARNI 16616 01/09/02 80.00
008349 JOHN 'S SOD 16617 01/09/02 152.00
007352 KATH FUEL OIL SERVICE 16618 01/09/02 '454.53
- .00016 LABELLE/LINDA 16619 01/09/02 _0.00
- - - -008680- -LARSON ALLEN WEISHAIR & 16620 01/09/02 150.00
002040 LILLIE SUBURBAN NF_WSPAPE 16621 01/09/02 88'-5.28
008229 L.OFFLER BUSINESS SYSTEMS 16622 01/09/02 144.45
- - - - -- 005 135 - - LUNDEEN/RICHARD-- - - 16623 01/09/02 -- 9.07
.00005 M.A.U.M.A. 16624 01/09/02 30.00
008855 MACRO GROUP, INC . 16625 01/09/02 160.00
--- - 008421- MAMA --GMC LABOR RELATIO - 16626 .01/09/02 2,830.00
00.7348 MC COLLISTER car COMPANY 16627 01/09/02 923.34
.008737 MCLEOD USA 16628 01/09/02 265.00
-= -- - -
.00004'---- --METRO CHIEF OFFICERS ASN - - 16629 01/09/02 - 100.00
008245 METRO FIRE 16630 01/09/02 872.57
002240 METROPOLITAN COUNCIL 16631 01/09/02 35,719.20
- - --- 008841-- -MICROTEK SOLUTIONS - - 16632 01/09/02 189.00
008467 MIDWAY FORD 16633 01/09/02 35. 10
002374 MINN UC FUND 16634 01/09/02 787.64
- - -- - - .00006- - - MINNESOTA AWWA 16635 01/09/02 105.00
002355 MINNESOTA GFOA 16636 01/09/02 40.00
008854 MINNESOTA IRRIGATION 16637 01/09/02 6.81
-- 008856 MINNESOTA NAHRO 16638 01/09/02 20.00
008269 MINNESOTA SHREDDING LLC 16639 01/09/02 54 .95
.00014 MITCHELL/MERLE 16640 01/09:02 50.00
10
BRC FINANCIAL SYSTEM ST. ANTHONY VIL.
-.-------12/31/2001--13:--- ------- - -...----- --Check Register ----- -------- - -- -- L54 -• 6.40 PAGE
- BANK VENDOR CHECK# DATE AMOUNT
-- FIRS BREMER BANK NA
-- ----- 007054 -- MN -CHIEFS--OF -POL-ICE- ASSN - :- - 16641 -01/09/02 - -
008357 MN DEPT OF AGRICULTURE 16642 01/09/02 10.00
00$468 MN PIE 16643 01/09/02 75.00
- - -- .-008074- -- MN-POL.L--UTION -CONTROL--AGE- - -16644 01/09/02--- 390.00
- 008409 MOSBY/MARK 16645 01/09/02 95.00
.00007 MUNICIPALS 16646 01/09/02 20.00
_-----..._-.007370-----MYERS-TI-RE-SUPPLY--COMPAN- -- -- -16647- 01/09/02 __.._ ...----. . ..._.._..8:31
- 008735 NATIONAL ASSOCIATION HOU 16648 01/09/02 25.00
008764 NFPA 16649 01/09/02 495.00
- -NORTH--STAR :TURF IhIC-- ---- - - --- - 16650--01/09/02 - -_ _.....257-.99
- 00$820 NORTHERN TRAFFIC SUPPLY, 16651 01/09/02 68. 12
- 00$761 nIRG PROCESSING SOLUTIONS 16652 01/09/02 63.50
----- -000045--------OFFICE- -DEPOT---- ------- - - 16653--01-/09/02 - - -- - -898:32
- 001230 ONE CALL CONCEPTS, INC . 16654 01/09/02 72.85
- 008528 PACE ANALYTICAL_ SERVICES 16655 01/09/02 285.00
- ----------009594--------PETEREsIL-T--NORTH - _ . -- ---- ._. -- - .__._ ___16656. )i. -
00$805 PETTY CASH - BREMER BANK 16657 01/09/02 75.78
- 008271 PLETSCHER 'S GREENHOUSE I 16658 01/09/02 98.21
- .-...008799 POLYPHASE--ELECTRIC- CD: I - - --- --16659 01/09/02 - 7,094.27
007057 PRAXAIR 16660 01/09/02 112.33
004492 OWEST 16661 01/09/02 291 .25
- - 008372-- - - OWEST---INTEPRISE --AMERICA; ___._. _. .._-_, -16662 01/09/02 49.95
008082 RED WING SERVICE CO 16663 01/09/02 293.94
-- 003100 ROSEDALE CHEVROLET 16664 01/09/02 3.05
- - - 008653 ROSF_VILLE FIRE GROUND 16665 01/09/02 34.50
005270 ROSEVILLE RADIO 16666 01/09/02 18.05
003350 SEH-RCM 16667 01/09/02 2,123.85
.00015 SEXTON/JULIE 16668 01/09/02 1 ,004.53
008199 SIGNATURE CONCEPTS, INC . 16669 01/09/02 861 .76
008042 SIGNS BY NORTHLAND 16670 01/09/02 48.82
----- -003355- --- -SILVER LAKE -CLINIC- --- - 16671 01/09/02 272.00
002420 STAR TRIBUNE 16672 01/09/02 2,726.20
008416 SUPERIOR SIGNALS, INC . 16673 01/09/02 43.00
- 003260- - T- A--SCHIFSKY & -SONS 16674 01/09/02 274.75
008700 TC WEB TECH . 16675 01/09/02 150.00
008840 THOMAS WALKER CONSULTUNG 16676 01/09/02 1 ,035.00
- ---- - - --007337 - - ---T-IMF_SAVER -OFF- SITE SECRE 16677 01/09/02 425.00
= .00017 TOUSLEY FORD, INC . 16678 01/09/02 51 .27
003560 TRACY PRINTING 16679 01/09/02 369. 10
- - 007330 TRI-- STATE -BOBCAT, --INC . - - 16680 01/09/02 17.51
008695 TWIN CITIES TRANSPORT AN 16681 01/09/02 120.64
004481 TWIN CITY JANITOR SUPPLY 16682 01/09/02 266.85
007341 U.S. TIRE & EXHAUST 16683 01/09/02 18.97
009010 UNIFORMS UNLIMITED 16684 01/09/02 650.00
008336 UNITED ELECTRIC COMPANY 16685 01/09/02 617 .44
OOE264 URS BRW 16686 0i/09/02 9,050.00
003710 VAN 0 LITE INC 16687 01/09/02 45.74
00885$ VENT & COMPANY 16689 01/09/02 73 , 00.83
IlIl
BRC FINANCIAL SYSTEM ST. ANTHONY Vi
PAGE
- BANK VENDOR CHECK# DATE AMOUNT
- FIRS BREMER BANK NA
--- - - 008227- ---VERIZON- WIRELESS; :BELLEV. - 16689 01/09/02 62.86
003700 VIKING INDUSTRIAL CENTER 16690 01/09/02 323:58
.00009 VISIONARY SYSTEMS, LTD. 16691 01/09/02 560.00
---WINGFOOT -COMMERCIAL--TIRE-- - 16692 01/09/02 3,799. 17
002680 XCEL ENERGY 16693 01/09/02 11 ,287 .02
-- 007325 YOCUM OIL COMPANY, INC . 16694 01/09/02 6,481 ..47
.003820 _..-ZAHL-- EQUIPMENT - COMPANY 16695 01/09/02 48.95
003840 ZEP MFG COMPANY 16696 01/09/02 111 . 19
.00008 3 M 16697 01/09/02 117.02
-- BREMER BANK NA 340,706.88
12
BRC FINANCIAL SYSTEM ST. ANTHONY VILLF
12/19/2001 14: Check: Register GL540R--VO6.40 PAGE
BANK VENDOR CHECKd# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
008311 ALL SAINTS BRANDS . DISTRI 20155 12/21/01 m 722.05
008621 ALLIANCE MECHANICAL 20156 12/21/01 215.00
004225 ALLIANT FOODSERVICE 20157 12/21/01 2,749.55
004293 BELLBOY CORP. 20158 12/21/01 1 ,402..80
008827 BLACKF_Y 'S BAKERY 20159 12/21/01. 100.40
D08814 CITY WIDE WINDOW SERVICE 20160 12/21/01 34.08
004107 COMPTON 'S COMMERCIAL CLN 20161 12/21/01 2,445.95
008437 DIRECTV 20162 12/21/01 37.34
008857 DOOR MASTERS, INC . 20163 12/21/01 553.20
004120 EAGLE WINE CO 20164 12/21/01 6,360.45
004135 ELECTRO WATCHMAN INC 20165 12/21/01 169.34
008697_ EXTREME BEVERAGE 20166 12/21/01 64.00
008359 FLAHERTY 'S HAPPY TYME CO 20167 12/21/01 108.00
004157 GETTMAN HOWIE, INC . 20168 12/21/01 122.90
004172 GRAPE BEGINNINGS, INC . 20169 12/21/01 242.00
004175 GRIGGS COOPER & CO INC 20170 12/21/01 37,846.08
004291 HF_GGIF_S PIZ7_A 20171 12/21/01. 99.85
004220 JOHNSON BROTHERS LIQUOR 20172 12/21/01 29, 610.35
004218 JOHNSON PAPER u SUPPLY C 20173 12/21/01. 509.50
002040 L.ILLIE SUBURBAN NEWSPAPE. 20174 12/21/01 920.00
004263 MARKET AMERICA CORP. 20175 12/21/01 325.00
008671 MENGEL.KOCH CO. 20176 12/21/01 20.00
004299 MPL.S. OXYGEN CO. 20177 12/21/01 10.22
004334 NORTHEASTER 20178 12/21/01 325.76
004339 NTN COMMUNICATIONS INC 20179 12/21/0). 480.00
000045 OFFICE DEPOT 20180 12/21/01 70.33
004345 OLD DUTCH FOODS INC 20181 12/21/01 34.56
004354 PAUSTIS & SONS 20182 12/21/01 2,294.62
0.04360 PHILLIPS WINE & SPIRITS 20183 12121/01 26,332.81
008770 PORTER/WILL.IAM 20184 12/21/01 67.00
004376 PRIOR WINE CO 20185 12/21/01 10,493.25
008787 PROMOTIONAL PAGES, INC . 20186 12/21/01 825.00
004385 QUALITY WINE CO 20187 12/21/01 13,379. 14
008219 QWE:ST DE:X 20188 12/21/01 791 .40
008597 R.D. HANSON ASSOC . , INC . 20189 12/21/01 153.75
002380 RELIANT ENERGY MINNEGASC 20190 12/21/01 1 ,456.56
005004 SUPERIOR PRODUCTS 20191 12/21/01 117 .00
004480 TWIN CITY FILTER SERVICE 20192 12/21/01 115.77
008316 WINE_ COMPANY/THE 20193 12/21/01 156.70
008310 WINE MERCHANTS INC 20194 12/21/01 394.64
002680 XCEL ENERGY 20195 12/21/01 3,268.35
LIQUOR CHECKING ACCOUNT 145,424. 70
13
BRC FINANCIAL SYSTEM. . .. .. _ ST. ANTHONY .VILLAC
12/31/2001 09: Check; Register GL540R—VO6.40 -PAGE
VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
008800 BREMER BANK NA 19922 1.2/31/01 15,000.00
008800 BREMER BANK NA 19923 12/31/01 10, 000.00
. .. 008716 SCENE/THE 19924 12/31/01 130.00
004250 LUNDGREN/MATTHEW H. 19925 12/31/01 150.00
004401 ST.A.LI000R #1 PC 19926 12/31/01 227.22
004141 .. . -FRITZ COMPANY, INC . _. ._ 19927.. 12/31/01 3,524.05
008800 BREMER BANK NA 19928 12/31/01 8,000.00
008800 BREMER BANK NA 19929 12/31/01 15,000.00
008716 SCENE/THE .. . ..... 19930 12/31/01 130.00
004250 LUNDGREN/MATTHEW H. 19931 12/31/01 150.00
004141 FRITZ COMPANY, INC . 19932 12/31/01. 1 ,469 .30
008859.. .. US. BANK ... 19933 12/31/01 77, 181 .25
.00001 VIRGO CATERING 19934 12/31/01 71 .04
008800 BREMER BANK NA 19935 12/31/01 10,000.00
008800 BREMER BANK NA 19936 12/31/01. 15,000.00
008716 SCENE/THE 19937 12/31/01 130.00
004250 LUNDGRENI/MATTHEW H. 19938 12/31/Oi. 150 .00
008800 BREMER BANK NA 19939 12/31/01 81000.00
008800 BREMER BANK NA 19940 12/31/01. 15,000.00
008716 SCENE/THE 19941 12/31/01 130.0.0
004250 LUNDGREN/MATTHEW H. 19942 12/31/01. 150.00
004250 LUNDGREN/MATTHEW H. 19943 12/31/01 75.00
.00002 MCLEOD USA 19944 12/31/Oi. 234 .75
004141 FRITZ COMPANY, INC . 19945 12/31/01 1 ,011 .26
002840 PERA 19946 12/31/Oi. 34.74
LIQUOR CHECKING ACCOUNT 180,948.61 #'
14
BRC FINANCIAL SYSTEM ST. ANTHONY VILL.AG
.01/02/2002 10: ChecEc., Register GL540R-•VO6.40 PAGE
HANK VENDOR CHECK# DATE AMOUNT
LIAR LIQUOR. CHECKING ACCOUNT
008311 ALL SAINTS BRANDS DISTRI 20205 01/69/02 216.80
004225 ALL.IANT FOODSERVICE 20206 01/09/02 1 ,953.90
004015 AMF_RIPRIDE LINF_N 20207 01/09/02 412.33
008794 ARCTIC GLACIER ICE 20208 01/09/02 764.23
004293 BELLBOY CORP. - 20209 01/09/02 2,204.57
008827 BLAC:KEY 'S BAKERY 20210 01/09/02 75.91
004080 CHISAGO LAKES DIST. CO. , 20211 01/09/02 3, 116.35
008814 CITY WIDE WINDOW SERVICE 20212 01/09/02 34.08
004095 COCA COLA BOTTLING 20213 01/09/02 732.69
008557 DAILEY DATA & ASSOCIATES 20214 01/09/02 116.09
004120 EAGLE WINE -CO 20215 01/09/02 626.94
004125 EAST SIDE BEVERAGE CO 20216 01/09/02 40,749.95
004130 ECOLAB 20217 01/09/02 1 , 164. 13
008359 FLAHERTY 'S HAPPY TYME CO 20218 01/09/02 408.00
004142 FOCUS NEWS 20219 01/091/02 1 ,033.60
008647 FRATTALLONE 'S HARDWARE 20220 01/09/02 6.38
004141 FRITZ COMPANY, INC . 20221 01/09/02 1 , 171 .90
001030 G & K SERVICES INC 20222 01/09/02 524.0,4
004157 GF_TTMAN HOWIE, INC . 20223 01/09/02 140.05
004172 GRAPE BEGINNINGS, INC . 20224 01/09/02 75.00
004175 GRIGGS COOPER & CO INC 20225 01/09/02 4,683.75
004207 HOHENSTEIN 'S, INC 20226 01/09/02 2,539.75
004206 HOSPITALITY SUPPLY CO 20227 01/09/02 31 .20
008860 JC:DK TELECOMM INC 20228 01/09/02 70.00
004220 JOHNSON BROTHERS LIQUOR 20229 01/09/02 19,602 .93
004230 KUETHER DISTRIBUTING CO .20230 01/09/02 44,676.44
004265 MARK VII SALES INC 20231 01/09/02 27,821 . 14
005010 MINN CONWAY FIRE & SAFET 20232 01/09/02 112. 19
.00001 MINNESOTA WINEGROWERS 20233 01/09/02 450.00
004.299 MPLS. OXYGEN CO. 20234 01/09/02 20.70
004345 OLD DUTCH FOODS INC 20235 01/09/02 17.76
004354 PAUSTIS & SONS 20236 01/09/02 560.00
004355 PEPSI COLA COMPANY 20237 01/09/02 693.08
004360 PHILLIPS WINE & SPIRITS 20238 01/09/02 16,275.66
004376 PRIOR WINE_ CO- 20239 01/09/02 2,448. 16
004385 QUALITY WINE CO 20240 01/09/02 9,661 .95
005004 SUPERIOR PRODUCTS 20241 01/09/02 54.90
004.4.75 TRI TECH DISPENSING 20242 01/09/02 85.00
008824 TRI-COUNTY BEVERAGE, INC 20243 01/09/02 89.75
004494 WASTE MANAGEMENT - BLAIN 20244 01/09/02 327. 43
008316 WINE COMPANY/THE 20245 01/09/02 452.75
003840 ZEP MFG COMPANY 20246 01/09/02 97.50
LIQUOR CHECKING ACCOUNT 186,298.98 *-#
15
CITY OF ST. ANTHONY
RESOLUTION 02-001
A RESOLUTION DESIGNATING ACTING MAYOR
FOR THE CALENDAR YEAR 2002
BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates
as Acting Mayor for the year 2002.
Adopted this day of , 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
16
CITY OF ST. ANTHONY
RESOLUTION 02-002
A RESOLUTION SPECIFYING PERSONS AUTHORIZED
TO MAKE CERTAIN TRANSACTIONS REGARDING
CITY FINANCIAL ACCOUNTS
BE IT RESOLVED,that the City Council of the City of St. Anthony hereby.specifies the Mayor
(Randy Hodson), City Manager(Michael J. Mornson), and Finance Director(Roger A. Larson, Sr.) 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 22002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
17
CITY OF ST. ANTHONY
RESOLUTION 02-003
A RESOLUTION DESIGNATING THE OFFICIAL
DEPOSITORY FOR CITY FUNDS
BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates the Bremer
Bank of St. Anthony 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.
BE IT FURTHER RESOLVED,that this notice shall continue in force until December 31, 2002, or
until written notice of its recision or modification has been received by said bank.
BE IT FURTHER RESOLVED,that said bank deposit such securities in the amount and in the manner
required by law.
BE IT 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 Bremer Bank of St. Anthony for
safekeeping.
BE IT FURTHER RESOLVED, that the City Clerk shall transmit to the Bremer Bank of St. Anthony a
copy of this resolution.
Adopted this day of . 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
l�
CITY OF ST. ANTHONY
RESOLUTION 02-004
A RESOLUTION DESIGNATING A PUBLIC HEALTH OFFICER
BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates
as the Public Health Officer for the City of St. Anthony.
Adopted this day of 92002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
19
CITY OF ST. ANTHONY
RESOLUTION 02-005
A RESOLUTION DESIGNATING LEGAL NEWSPAPER
FOR THE CALENDAR YEAR 2002
BE IT RESOLVED that the City Council of the City of St. Anthony hereby designates
a legal newspaper of general circulation in the City, as the official
newspaper of the City for 2002 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 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
20
ittk SUbMbAN NEWSPAPERS 2515 E.Seventh Avenue
North St. Paul, MN 55109
(651) 777-8800
November 26, 2001
Connie Kroeplin
City Clerk
St. Anthony City Offices
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Ms Kroeplin:
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 26 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 -,vas
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 lillnews @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 considering the St. Anthony Bulletin as the official legal newspaper for the City of
St. .Anthony for 2002. If you have any further questions, don't hesitate to call us.
Sincerely,
of r/nright
Co-Publisher
Li HIE RAMSEY COUNTY REVIEW—MAPLEWOOD REVIEW—OAKDALE-LAKE ELMO REVIEW—NEW BRIGHTON BULLETIN
NEWS SHOREVIEW BULLETIN — ST. ANTHONY BULLETIN — SHOPPING REVIEW — EAST SIDE REVIEW
ROSEVILLE REVIEW — SOUTH-WEST REVIEW — WOODBURY-SOUTH MAPLEWOOD REVIEW
21
CITY OF ST. ANTHONY
RESOLUTION 02-006
A RESOLUTION DESIGNATING MAYOR RANDY HODSON
AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Mayor Randy
Hodson asa participant in the following outside organizations:
Chamber of Commerce
Northwest Suburban Cable Commission
Adopted this day of ----, 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
22
CITY OF ST. ANTHONY
RESOLUTION 02-007
A RESOLUTION DESIGNATING COUNCILMEMBER BRIAN THUESEN
AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Councilmember
Brian Thuesen asa participant in the following outside organizations:
Northwest Youth& Family Services
Friends of the Library
St. Anthony Orchestra
Adopted this day of 92002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
23
CITY OF ST. ANTHONY
RESOLUTION 02-008
A RESOLUTION DESIGNATING COUNCILMEMBER RICHARD HORST
AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Councilmember
Richard Horst asa participant in the following outside organizations:
Community Services Advisory Council
Parks Commission Council Liaison
Alternate to Middle Mississippi Watershed District
VillageFest
Association of Metropolitan Municipalities
Adopted this day of 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
24
CITY OF ST.ANTHONY
RESOLUTION 02-009
A RESOLUTION DESIGNATING COUNCILMEMBER AMY SPARKS
AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Mayor Randy
Hodson asa participant in the following outside organizations:
ACTION
Middle Mississippi Watershed District
Community Prevention Coalition
Kiwanis
Planning Commission Council Liaison
Adopted this day of , 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
25
CITY OF ST. ANTHONY
RESOLUTION 02-010
A RESOLUTION DESIGNATING COUNCILMEMBER JERRY FAUST
AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS
BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Mayor Randy
Hodson asa participant in the following outside organizations:
Alternate to Cable Commission
League of Minnesota Cities
Sister City
Chamber of Commerce
Northeast Diagonal Use/Transit Policy Advisory Committee
Adopted this day of ,2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
26
CITY OF ST. ANTHONY
RESOLUTION 02-011
A RESOLUTION ADOPTING THE STANDING RULES
OF CONDUCT FOR CITY COUNCIL MEETINGS
FOR THE YEAR 2002
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby adopts the City Council
Standing Rules 2002 for conducting City Council meetings during the year 2002 which said rules are
attached herewith.
.Adopted this day of 12002. ,
Mayor.
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
X/
CITY OF ST. ANTHONY 2002
STANDING RULES FOR CONDUCT OF
CITY COUNCIL MEETINGS
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 Mayor Pro Tem, will be
considered the Chairperson. A quorum of the Council is three members. A quorum is
required to do official business.
Meetings of the Council shall be held at City Hall on the second and fourth Tuesday of
each month at 7:00 pm. The meeting held on the second Tuesday of the month will be
conducted as a study session and only Council business deemed necessary by the
Councilmembers and/or City Manager will be.acted upon. The Council meeting held on the
fourth Tuesday of the month will be conducted as a regular Council meeting during which
the great majority of Council business will be acted upon.
RULES
Order of Business
The following shall be the order of business of the Council:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MEETING AGENDA
28
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 secretary'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 a 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.
PUBLIC HEARINGS
STAFF REPORTS
GENERAL POLICY BUSINESS OF THE COUNCIL
REPORTS FROM COUNCILMEMBERS AND CITY MANAGER
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
Councilmember.
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.
-2-
29
• Accommodating individuals who have attended the meeting specifically to provide
input on an item.
Process - Re4ular and Special Council Meetin-gs
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 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 deemed 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 into. the minutes.
If a member disqualifies himself/herself, he/she may leave the room while the issue'is
being considered.
Any Councilmember 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
-3-
3®
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 the fact supporting the denial will be made part of the public record.
No Council meeting will extend beyond 10:30 PM 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 Mayor 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.
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 not to 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 1 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 to be out of order.
The Council will refrain from initiating a discussion during the pubic input phase of the
hearing except to clarify points brought.up.
Once the public testimony phase is complete, the Mayor 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.
-4-
31
No public hearing will extend beyond 10:00 PM.
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.
MAYOR PRO TEM
The Mayor Pro Tem shall be appointed in January of each year. The first Mayor Pro Tem
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 Mayor
Pro Tem twice until all other Councilmembers have been Mayor Pro Tem.
A Councilmember may decline the appointment for good cause and maintain his/her place
in the rotation for appointment the following year.
ADOPTION/MODIFICATION/SUSPENSION
These rules with the exception of the mandatory 10:30 PM 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.
-5-
32
MEMORANDUM
DATE: 11/13/01 MEETING DATE: 11/20/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Managerav___
SUBJECT: Wireless Telecommunication Towers and Facilities Ordinance
-Requested Action:
The City of St. Anthony is requesting to add to Chapter 16, Zoning and Land Use a new
section, Section 1680: Wireless Telecommunication Towers and Facilities, and repeal
Section 1160: Antennas and Towers under Chapter 11, Penal Regulations.
Background:
The Planning Commission reviewed the ordinance in its entirety at its September 18
meeting. The public hearing for the ordinance is November 20.
The new wireless antenna ordinance is product of a culmination of hard work by a
Planning Commission subcommittee. While the issue was studied, there was a
moratorium on the construction or erection of antennas and communication towers. The
moratorium expired October 18, 2001.
The new ordinance is comprehensive and establishes building and design standards
and placement. The new, ordinance creates a Telecommunication Overlay District
(TOD), or permitted use areas, as well as a process for obtaining a conditional use
permit outside of the District.
The City Attorney's Office has eliminated and/or combined the language found in
Chapter 11 (Section 1160). The language pertaining to dish antennas was integrated
into the new wireless ordinance.
Staff Recommendation:
Staff recommends approval.
Attachments:
• Section 1680: Wireless Telecommunication Towers and Facilities
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CITY OF ST.ANTHONY
ORDINANCE 2001-004
AN ORDINANCE RELATING TO WIRELESS TELECOMMUNICATION TOWERS
AND FACILITIES;REPEALING SECTION 1160 OF CHAPTER 11,AND ADDING SECTION
1680 TO CHAPTER 16 OF THE 1993 ST.ANTHONY CODE OF ORDINANCES
The City Council of the City of St.Anthony hereby ordains:
Section 1. Chapter 11,Section 1160,Antennas and Towers,is hereby repealed.
Section 2. Chapter 16 is hereby amended to add Section 1680,Wireless Telecommunication Towers and
Facilities, to read in its entirety as follows:
1680.01. Council Findings. The Communications Act of 1934 as amended by the
Telecommunication Act of 1996 grants the Federal Communications Commission jurisdiction
over many aspects of telecommunications services. The City's regulation of Towers and WTFs
in the City will not have the effect of prohibiting any person from providing wireless
telecommunications services in violation of the Act.
1680.02. Purpose. The general purpose of this Section is to regulate the placement,
construction, and modification of Towers and WTFs in order to protect the health, safety, and
welfare of the public, while at the same time encouraging the development of the competitive
wireless telecommunications marketplace in the City. The specific purposes of this Section are:
(a) To allow the location of telecommunication Towers and WTFs in the City,` .
(b) To protectresidential areas from potential adverse impact of Towers and WTFs;
(c) To minimize adverse visual impact of Towers and WTFs through careful design,
siting, landscaping, and innovative camouflaging techniques;
(d) To promote.and encourage shared collocation of Towers and Antenna support
structures as a primary option rather than construction of additional single use
Towers;
(e) To promote and encourage utilization of technological designs that will either
eliminate or reduce the need for erection of new Tower structures to support
WTFs;
(f) To avoid potential damage to property caused by Towers and WTFs by ensuring
such structures are soundly and carefully designed,constructed, modified,
maintained, and removed when no longer used or are determined to be
structurally unsound;
(g) To ensure that Towers and WTFs are compatible with surrounding land uses;
(h) To overcome the potential adverse impacts that poorly or unregulated Towers and
WTFs could have on the public health, safety and welfare; and
(i) Enhance the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficiently.
1680.03. Definitions. For the purposes of this Section,the following terms,phrases, words, and
their derivatives shall have the meanings stated below:
Subd. 1. Antenna. Any exterior transmitting or receiving device mounted on a Tower,
building or other structure and used in communications that radiate,or capture electromagnetic
waves, digital signals, analog signals,radio frequencies (excluding radar signals), wireless -
telecommunication signals or other communication signals.
Subd. 2. Collocation. The sharing of structures by two or more wireless service
providers on a single support structure or otherwise sharing a common location.
Subd. 3. Dish Antenna. A parabolic shaped antenna(including all supporting apparatus)
which is used for transmitting or receiving telecommunication, television or radio signals, which
is located on the exterior of, or outside of, any building or structure.
Subd. 4. He_�ht. When referring to a Tower or other structure,the distance measured
from the finished grade of the parcel to the highest point on the Tower or other structure,
including the base pad and any Antenna.
Subd. 5. Monopole. A slender self-supporting Tower used to support
telecommunications equipment.
Subd. 6. Tower. Any pole, spire, or other structure, including supporting lines, cables,
wires, braces and masts, intended primarily for the purpose of mounting an Antenna or similar
apparatus above grade.
Subd. 7. Wireless Telecommunications Facility(WTF). Any cables,wires, lines, wave
guides, Antennas, and any other equipment or facilities associated with the transmission or
reception of communications (other than radio or television broadcast communications) which a
person seeks to locate or have installed upon or near a Tower,building or structure, but shall not
include:
(a) Any satellite earth station Antenna two meters in diameter or less which is located
in any light industrial or commercial zoning district;
(b) Any satellite earth station reception Antenna one meter or less in diameter,
regardless of zoning district;
(c) Automatic meter reading systems;
(d) Military, federal, state and local government communication Towers and
Antennas used for navigational purposes, emergency preparedness or public
safety purposes; and .
(e) A WTF to the extent that a permit issued by the Federal Communications
Commission or state authority specifically provides that such WTF is exempt
from local regulation.
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Section 1680.04. Towers and Wireless Telecommunication Facilities Building and Design
Standards. All Towers and WTFs must be constructed in accordance with the following
standards:
Subd. 1. Si tin WTFs located on or attached to existing structures are regulated by the
provisions of the zoning district for each parcel. Towers may only be located on parcels within
commercial and light industrial zoning districts (as defined by the City's zoning and land use
regulations) and on City-owned property. Towers are not permitted in public rights-of-way.
Subd. 2. Color and Architecture. All WTFs shall be concealed or camouflaged and shall
utilize materials, colors,textures, screening and landscaping to blend in with the surrounding
natural setting and built environment. If a WTF is proposed on any part of a building or
structure, it must blend with such structure's design, architecture and color, including exterior
finish. The term"camouflage" shall not mean invisible,but rather appearing as part of another
structure, such as a building, wall or roof, or designed to appear as another structure, such"-as a
building, clock tower, chimney, flag pole, light pole or tree.
Subd. 3. Landscaping. The following requirements shall govern the landscaping
surrounding Towers; provided, however, that the City Council, after considering the
recommendation of City staff,may waive such requirements if the visual impact of a proposed
Tower or WTF would be minimal or if the purposes of this Section would otherwise be better
served thereby.
(a) Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the Tower compound from property used for
residences. The standard buffer shall consist of a landscaped strip at least four(4)
feet wide outside the perimeter of the compound.
(b) Existing mature tree growth and natural land forms on the site shall be preserved
to the maximum extent possible. In some cases, such as Towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer. Existing mature trees and other vegetation at the site shall be preserved to
the maximum extent possible.
Subd. 4. Signs. The use of any portion of a Tower or WTF for signs or advertising other
than warning or equipment information signs is prohibited.
Subd. 5. Lighting. WTFs or Towers shall not be illuminated by artificial means and
shall not display strobe lights unless such lighting is specifically required by the Federal Aviation
Administration or other federal or state authority. When incorporated into the approved design of
a WTF, light fixtures used to illuminate ball fields,parking lots or similar areas may be attached
to the Tower.
Subd. 6. Monopole.New Towers shall be of a monopole design, without guide wires,
unless the City Council determines that an alternative design would better blend into the
surrounding environment.
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Subd. 7. Setbacks. Towers and WTFs shall comply with the principal structure setbacks
of the underlying zoning district and the following additional standards:
(a) The Tower or WTF is set back from all residential dwellings at least one(1) foot
for each foot in height.
(b) Towers and WTFs shall not encroach upon any easements unless permission is
obtained from the underlying property owner and holder of the easement.
(c) Towers and WTFs shall not be located between a principal structure and a public
street.
(d) The required setbacks may be reduced or the location in relation to a public street
modified, at the sole discretion of the City, when the WTF is integrated into an
existing or proposed structure such as a building, light or utility pole. =
Subd. 8. Hem.
(a) The height of any Tower shall not exceed seventy-five(75) feet.
(b) Antennas located on an existing structure that is taller than the limit allowed in the
underlying zoning district may extend up to five (5) feet above the height of the
structure.
Subd. 9. Safety and Environmental Standards.
(a) Building codes; safety standards. To ensure the structural integrity of Towers, the
owner of a Tower shall ensure that it is maintained in compliance with standards
contained in applicable state or local building codes and the applicable standards
for Towers that are published by the Electronic Industries Association, as
amended from time to time. If, upon inspection, the City concludes that a Tower
fails to comply with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the Tower, the
owner shall have thirty (30) days to bring such Tower into compliance with such
standards. Failure to bring such Tower into compliance within such 30-day period
shall constitute grounds for the removal of the.Tower or Antenna at the owner's
expense.
(b) Interference with Public Safety Telecommunications. No Tower or WTF shall
interfere with public safety telecommunications. All Towers and WTFs shall
comply with FCC regulations and licensing requirements.
(c) Security Fencing. Towers shall be enclosed by security fencing not less than six
feet in height and shall also be equipped with an appropriate anti-climbing device;
provided however, that the City Council, after considering the recommendations
of the City staff, may waive such requirements, as it deems appropriate.
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(d) Noise. If the proposed WTF includes equipment that causes or a WTF otherwise
causes significant increased sound levels, sound buffers may be required
including but not limited to,baffling,barriers, enclosures,walls and plantings.
(e) Radio Frequency Emissions and Interference. WTFs must comply with Federal
Communication Commission standards for radio frequency emissions and
interference.
(f) Risk of Danger. Towers and WTFs shall not pose an unreasonable risk of
explosion, fire or other danger due to its proximity to volatile, flammable,
explosive or hazardous materials.
(g) Maintenance. All commercial Towers or WTFs shall at all times (i) be kept and
maintained in good condition, order, and repair so that the same shall not menace
or endanger the life or property of any person, and (ii) allow sufficient access for
service vehicles and personnel.
Subd. 10. Collocation Requirements. To every extent possible:
(a) All proposed WTFs shall be placed on an existing Tower, building or structure
located within one-half mile of the desired location for such proposed WTF;
(b) All wireless telecommunication providers shall cooperate with each other in-
collocating WTFs and shall exercise good faith in collocating with other licensed
carriers and in the sharing of sites, including the sharing of technical information
necessary to evaluate the feasibility of collocation. In the event a dispute arises as
to a collocation issue, the City may require a third-party technical study to
evaluate the feasibility of collocating at the expense of either or both wireless
telecommunications providers;
(c) All new Towers and any pre-existing Tower owned by a wireless
telecommunications-provider shall be made available for use by the owner or
initial user thereof, together with as many other licensed carriers as can be
technically located thereon;
(d) If determined appropriate by the City, all new Towers shall be designed and
constructed in such a manner as to accommodate at least one other comparable
WTF in addition to the applicant's; and
(e) All new wireless telecommunications Towers that are less than seventy-five
(75) feet shall be designed and constructed in a manner that allows such Tower
to be expanded to a height of seventy-five (75) feet in order to allow for future
collocation.
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Subd. 11. Exceptions to Collocation. The City may waive any or all of the collocation
requirements if it is determined that:
(a) The planned WTF would exceed the structural capacity of the existing or
approved Tower; building or structure, as documented by a qualified and licensed
professional engineer, and the existing or approved Tower, building or structure
cannot be reinforced,modified, or replaced to accommodate planned or
equivalent equipment.
(b) The planned WTF would cause interference materially impacting the usability of
other existing or planned WTFs at the structure as documented by a qualified
radio frequency engineer selected by the City and the interference cannot be
prevented.
(c) No existing Tower, building or structure within an applicant's search radius can
or will accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified radio frequency engineer selected by the
City.
Section 1680.05. Permitted Uses/Administrative Approval. Towers and WTFs shall be a
permitted use in a Light Industrial district,as described in Section 1610 of the Code, and on
City-owned property. Towers and WTFs proposed in a Light Industrial district or on City-
owned property may be administratively approved.
Subd. 1. The following provisions shall govern the issuance of administrative approvals
for Towers and WTFs:
(a) Each applicant for administrative approval shall submit an application to the City
Manager providing the information set forth in Section 1680.07,when applicable,
and a nonrefundable fee as established by resolution of the City Council to
reimburse the City for the costs of reviewing the application.
(b) The City Manager shall review an application for administrative approval of a
Tower or WTF and determine if the proposed use complies with this Section.
(c) The City Manager shall respond to each such application within sixty(60) days
after the filing of the application by either approving or denying the application.
If the City Manager fails to respond to the applicant within said sixty(60) days,
then the application shall be deemed to be approved, unless said time has been
extended under Minnesota Statutes, Section 15.99.
(d) In connection with any such administrative approval, the City Manager may, in
order to encourage shared use, or the use of alternative Tower structures,
administratively waive or modify any zoning district setback requirements in or
separation distances between Towers by up to fifty percent(50%).
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(e) If an administrative approval is denied,the applicant may file an appeal to the
City Council. Any appeal must be filed by the applicant within thirty(30)days of
the receipt of the City Manager's decision.
Subd. 2.The following uses may be approved by the City Manager after conducting an
administrative review:
(a) Locating a Tower or WTF, including the placement of additional buildings or
other supporting equipment used in connection with a Tower or WTF, in any
Light Industrial district or on city-owned property.
(b) Locating Antennas on existing structures or Towers consistent with the terms of
subsections (a) and(b)below:
(1) Antennas on existing structures. Any WTF proposed to be affixed to an
existing building or structure may be approved by the City Manager as an
accessory use to such building or structure, provided: (i)the Antenna does
not extend more than thirty(30) feet above the highest point of the
building or structure; (ii)the Antenna complies with all applicable federal
regulations; and(iii)the Antenna complies with all applicable building
codes.
(2) Antennas on existing Towers. Any WTF which is proposed to be attached
to an existing Tower may be administratively approved by the City
Manager and,to minimize adverse visual impacts associated with the
proliferation and clustering of Towers, collocation of Antennas by more
than one carrier on existing Towers shall take precedence over the
construction of new Towers,provided.such collocation is accomplished in
a manner consistent with the following: (i) a Tower which is modified or
reconstructed to accommodate the collocation of an additional Antenna
shall be of the same Tower type as the existing Tower, unless the City
Manager allows reconstruction as a monopole.
Section 1680.06. Permitted Conditional Uses.
Subd. 1. General. Unless a permitted use in accordance with Section 1680.05, a Tower
or WTF shall be permitted only if a conditional use permit has been issued for that use by
the City Council. The following provisions shall govern the issuance of conditional use
permits for Towers or WTFs by the City Council:
(a) Applications for conditional use permits under this Section shall be subject to the
procedures and requirements of Section 1665.04 of this Code, except as modified
in this Section.
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(b) In granting a conditional use permit,the City Council may impose conditions to
the extent necessary to minimize any adverse effect of the proposed Tower or
WTF on adjoining properties.
(c) Any information of an engineering nature that the applicant submits, whether
civil, mechanical,or electrical, shall be certified by a licensed professional..
engineer.
(d) An applicant for a conditional use permit shall submit the information described
in this Section and a non-refundable fee as established by resolution of the City
Council to reimburse the City for the costs of reviewing the application.
Subd. 2. Towers. In addition to any information required for applications for conditional
use permits pursuant to Section 1665.04 of this Code, applicants for a conditional use permit for
a Tower shall submit the following information:
(a) A scaled site plan clearly indicating the location,type and height of the proposed
Tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent
roadways,proposed means of access, setbacks from property lines, elevation
drawings of the proposed Tower and any other structures, topography, parking,
and other information deemed by the City staff to be necessary to assess
compliance with this Section.
(b) The legal description of the property on which the proposed Tower is to be
constructed.
(c) The setback distance between the proposed Tower and the nearest residential
property.
(d) The separation distance from other Towers and, if known,-the type of construction
of the existing Tower(s) and the identity of the owner(s)/operator(s) of the
existing Tower(s).
(e) A landscape plan showing specific landscape materials.
(f) Method of fencing, and finished color and, if applicable,the method of
camouflage.
(g) A statement of compliance with all applicable federal, state or local laws.
(h) A notarized statement by the applicant as to whether construction of the Tower
will accommodate collocation of additional Antennas for future users.
(i) A description of the suitability of the use of existing Towers, other structures or
alternative technology not requiring the use of a Tower or new structure to
provide the services to be provided through the use of the proposed new Tower.
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_ (j) A description of the feasible location(s)of future Towers or WTFs within the City.
based upon existing physical,engirieering,technological or geographical
limitations in the event the proposed Tower is erected.
Subd. 3. Factors considered in granting conditional use permits for Towers. In addition
to any standards for consideration of conditional use permit,applications pursuant to Section
1665.04 of this Code, the City Council shall consider the following factors in determining
whether to issue a conditional use permit,no one of which shall be conclusive, although the City
Council may waive or reduce the burden on the applicant of one or more of these criteria if City
staff or City Council concludes that the goals of this chapter are better served thereby:
(a) Height of the proposed Tower;
(b) Proximity of the Tower to residential structures and residential district
boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the Tower, with particular reference to design characteristics that have
the effect of reducing or eliminating visual obtrusiveness;
(g) Proposed ingress and egress; and
(h) Availability of suitable existing Towers, other structures, or alternative
technologies not requiring the use of Towers or structures.
Subd. 4. No new Tower shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the City Council,that there is no existing Tower, structure or
alternative technology not requiring a Tower or structure,that can accommodate the applicant's
proposed WTF or Tower. An applicant shall submit information requested by the City Council
related to the availability of suitable existing Towers,other structures or alternative technology.
Evidence submitted to demonstrate that no existing Tower, structure or alternative technology
can accommodate the applicant's proposed WTF may consist of any of the following:
(a) No existing Tower or structure is located within the geographic area that meet
applicants engineering requirements.
(b) Existing Towers or structures are not of sufficient height to meet applicant's
engineering requirements.
(c) Existing Towers or structures do not have sufficient structural strength to support
applicant's proposed WTF and related equipment.
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(d) The applicant's proposed WTF would cause electromagnetic interference with one
or more WTFs on existing Towers or structures, or a WTF on the existing Towers
.or structures would cause interference with the applicant's proposed WTF.
(e) The fees, costs, or contractual provisions required by the owner in order.to share
an existing Tower or structure or to adapt an existing Tower or structure for
sharing are unreasonable. Costs exceeding new Tower development are
presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting factors that render
existing Towers and structures unsuitable.
(g) The applicant demonstrates that an alternative technology that does not require
the use of Towers or structures, such as a cable microcell network using multiple
low-powered transmitters/receivers attached to a vdxeline system, is unsuitable.
Costs of alternative technology that exceed new Tower or Antenna development
shall not be presumed to render the technology unsuitable.
Subd. 5. Separation. All Towers for which a conditional use permit is required shall be
separated by a minimum of seven hundred fifty(750) feet between the proposed Tower and any
pre-existing Tower;provided, however,that the City.Council, after considering any
recommendations of City staff, may reduce the standard separation requirements if the purposes
of this Section would be better served thereby. The separation distance shall be measured by
drawing or following a straight line between the base of the existing Tower and the proposed
base,pursuant to a site plan, of the proposed Tower.
Section 1680.07. Applications for Towers and WTFs.
Subd. 1. Application. In addition to an applicant's name, address, proposed site for a
WTF Antenna or Tower, site plan, grading and landscaping plans,written permission of the
property owner(unless such property owner is the City), and other such similar information, an
application for a conditional use permit, building or other permit relating to the installation or
construction of a WTF or Tower, the applicant shall include the following:
(a) A statement indicating that failure to comply with the conditions of approval
shall result in the revocation of the permit and removal of the WTF and/or Tower.
(b) A statement indicating that the expenses incurred by the City to enforce the
provisions of the permit shall be reimbursed by the applicant.
(c) A statement which requires the applicant to utilize the procedures established by
the Federal Communications Commission to resolve any complaints received
relating to interference allegedly caused by the facility.
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(d) A statement indicating the applicant will cooperate in good faith and fair dealing
in collocating WTFs.
(e) A statement indicating that the WTF or Tower will be maintained in good and
safe condition and its original appearance and concealment, disguise or
camouflage elements incorporated into the design at the time of approval shall be
preserved. Such maintenance shall include, but is not limited to,painting, repair,
of equipment,and maintenance of landscaping.
(f) A statement authorizing the City to enter the property for the purpose of periodic
inspections to determine that the site complies with the provisions of this Section,
any conditions of approval and all safety and building codes and permits issued.
This statement shall give the City the right to conduct such inspections at any time
upon reasonable notice to the property owner(s), and that all expenses related to
such inspection shall be borne by the applicant.
(g) A statement indicating that the applicant understands that a Tower or WTF which
has not been used for twelve (12) successive months shall be deemed abandoned
and may, at the sole discretion of the City, be required to be removed in the same.
manner and pursuant to the same procedures as for dangerous or unsafe structures
established by Minnesota Statutes, Section 463.16.
(h) A written acknowledgment of the property owner indicating that the.removal of
any unused or abandoned Tower or WTF or portions of any such Towers or .
WTFs are ultimately the responsibility of the property owner.
(i) A statement requiring the applicant to notify the City that the WTF continues to
be in operation. The notice of continuing operation shall be hand delivered or sent
to the City Manager annually by certified mail during the last two weeks of the
month of December.
Subd. 2. Escrowed Funds. At the time of application for a Tower or WTF conditional use
or building permit, an escrow deposit shall be posted in an amount determined from time to time
by City Council resolution.No interest shall accrue on any such escrowed funds. The City may
charge against this deposit to recover its costs for reviewing the Tower or WTF application.
These costs may include, but are not limited to, City staff time over and above that covered by
the application fee, consultants' fees, and fees for third-party review. If a Tower or WTF permit
is approved, as a condition of approval, deposit of additional escrow funds may be required. The
City will charge against this deposit to offset the City's costs to monitor construction and ensure
compliance with the conditions of approval and standards in this Section. These charges may
include, but are not limited to, City staff time, consultants' fees, and fees for third-party review,
monitoring, and inspection. Once construction has been completed and the applicant has
complied with all conditions of approval, any remaining deposit funds shall be refunded to the
party,or entity that posted the escrow deposit. Refunds of the deposit shall not be construed to
limit the City's ability to recover future costs associated with review or monitoring on-going
operation of the WTF or future modifications, amendments, or transfer of the facility.
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Subd. 3. Assessments. In the event the City incurs charges relating to the enforcement of
this Section, including without limitation expenses relating to third-party consultants and
removal of abandoned Towers and WTFs,the City reserves the right to assess the property
owner for such charges in the same manner in which the City assesses and.collects real property
taxes:
Section 1680.08. Nonconforming Uses.
Subd. 1. Collocation of Additional Antennas. Antennas that are collocated, in
accordance with the provisions of this Section, shall not be deemed to constitute the expansion of
a nonconforming use or structure.
Subd. 2. Preexisting Towers. Preexisting Towers shall be allowed to continue their
usage as they presently exist. Routine maintenance shall be permitted on such preexisting
Towers. New construction other than routine maintenance on a preexisting Tower shall comply
with the requirements of this Section.
Subd. 3. Rebuilding damaged or destroyed nonconforming Towers or Antennas. A
nonconforming Tower, Antenna or WTF that is damaged or destroyed by wind, storm, fire or
similar acts of God may be rebuilt without having to first obtain administrative approval or a
conditional use permit. The type, height, and location of the Tower or WTF shall be of the same
type and intensity as the original facility approval. Building permits to rebuild the facility shall
comply with the then applicable building codes and shall be obtained within 180 days from the
date the facility is damaged or destroyed. If no permit is obtained or if said permit expires,the
Tower or Antenna shall be deemed abandoned as specified in Section 1680.09.
Subd. 4. Nonconforming Use/Abandonment. A nonconforming Tower or WTF that
becomes nonfunctional for thirt y (30) consecutive days shall be deemed abandoned.
Section 1680.09. Removal of Abandoned Towers and WTFs. Any Tower or WTF that is not
operated for a continuous period of twelve (12) months shall be considered abandoned, and the
owner of such Tower or WTF shall remove the same within ninety(90)days of receipt of notice
from the City of such abandonment. Failure to remove an abandoned Tower or WTF within
such 90-day period shall be grounds for the City to remove the Tower or WTF at the property
owner's expense. If there are two or more users of a single Tower,then this provision shall not
become effective until all users cease using the Tower for a continuous period of twelve(12)
months.
Section 1680.10. Regulation of Dish Antennas.
Subd. 1. Permits. No Dish Antenna may be erected, constructed or placed, or re-erected,
re-constructed or replaced, anywhere*within the City without first making an application for and
obtaining a permit from the City, except for the following:
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(a) Dish Antennas not greater than nine square feet in cross sectional area,
which do not exceed six feet in height as measured from the base of the
Dish Antenna to the highest point of the Dish Antenna.
(b) Dish Antennas and towers erected.or constructed by the City for City
purposes.
Subd. 2. Location. The following additional requirements apply Dish Antennas located
in any residential district:
(a) Dish Antennas greater than nine square feet in area may not be located on
the roof or exterior wall of a principal or accessory building.
(b) Dish Antennas may be located only in the rear yard.
(c) No Dish Antenna may be located or maintained, at any time,permanently
or temporarily, closer to the allowed buildable area of a principal building
on any adjacent lot than it is to the principal building on the lot on which it
is located.
Subd. 3. Screening. The Building Official may require,as a condition to a permit,that a
Dish Antenna installed in a nonresidential district be screened from residential districts located
within 100 feet of the Dish Antenna.
Subd. 4. Hecht. Dish Antennas in residential districts may not be in excess of 12 feet in
height, measured from the ground elevation at the base of the Dish Antenna to the highest point
of the Dish Antenna. In all other zoning districts, Dish Antennas may have an overall height of
no more than 18 feet for either a ground mount or roof mount, as measured from the point at
which the antenna is mounted to the roof or the ground elevation to the highest point of the Dish
Antenna. _
Section 1680.11. Repeal of Section 1160. Section 1160 of the City's Code of Ordinances is
hereby repealed in its entirety.
Section 3. This ordinance shall become effective as of the date of its publication.
First Reading: November 27, 2nni
Second Reading: December 11, 2001
Adopted: January 8, 2002
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
46
NOTICE OF PUBLIC HEARING ON AMENDMENTS
TO REDEVELOPMENT PLANS, REDEVELOPMENT PROJECTS
AND TAX INCREMENT FINANCING PLAN FOR THE CHANDLER
PLACE TAX INCREMENT FINANCING DISTRICT OF THE
ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY
NOTICE IS HEREBY GIVEN that the City Council of the City of St. Anthony will hold a
public hearing on Amendments to Redevelopment Plans(the Redevelopment Plans),Redevelopment
Projects (the Redevelopment Projects) and the Tax Increment Financing Plan for the Chandler Place
Tax Increment•Financing District(the Financing Plan) of the St. Anthony Housing and Redevelopment
Authority (the HRA)at 7:00 p.m. on Tuesday, January 8, 2002 in the City Council Chambers at the
City Administrative Offices, 3301 Silver Lake Road, St. Anthony, Minnesota.
The Amendments to the redevelopment plans and redevelopment projects provide for
additional property (the Additional Property)to be included in the area subject to the redevelopment
plans and redevelopment projects(the Redevelopment Area). The Amendments to the Redevelopment
Plans and Redevelopment Projects describe certain proposed activities to be undertaken by the City
and the HRA with respect to the improvements to the Additional Property and property presently
subject to the Redevelopment Plans. The Amendments to the Financing Plan authorize the use of tax
increments derived from the Chandler Place Tax Increment Financing District of the HRA (the District)
established by the Financing Plan to provide for the payment by the HRA or the City of certain public
redevelopment costs in connection with the Redevelopment Plans and Redevelopment Projects,
including public redevelopment costs related to the Additional Property, and identifies certain property
proposed to be acquired by the HRA with tax increments from the District. The Amendments to the
Financing Plans do not include the Additional Property in the District.
Set forth with this notice is a map showing the area included in the District, which is the area
from which tax increments are derived, and showing the area which, in addition to the area included in
the District, will be subject to the Redevelopment Plans following adoption of the Amendments. The
property subject to the Redevelopment Plans is the area in which the tax increment derived from the
District may be expended.
All who wish to be heard as to the Amendments to the Redevelopment Plans, the
Redevelopment Projects and the Financing Plan will be given an opportunity to express their views at
the time of the public hearing or may file written comments with the City Manager prior to the public
hearing.
By/s/Connie Kroeplin
City Clerk
Publish: St. Anthony Bulletin
December 19, 2001
47
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48
CERTIFICATE
CITY OF ST. ANTHONY
I, the undersigned being the duly qualified City Clerk of the City of St. Anthony,
Minnesota, hereby attest and certify that:
1. As such officer, I 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 NO. 02- 015
Resolution Approving 2002 Amendment to Master
Modification to Redevelopment Plans and Tax Increment
Financing Plan for Chandler Place Tax Increment District
(Ramsey County No. 58) and Making Findings With
Respect Thereto
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 Clerk and the seal of said City, this
day of 12002.
Connie Kroeplin, City Clerk
(SEAL)
49
RESOLUTION NO. 02- 015
RESOLUTION APPROVING 2002 AMENDMENT TO
MASTER MODIFICATION TO REDEVELOPMENT PLANS
AND TAX INCREMENT FINANCING PLAN FOR
CHANDLER PLACE TAX INCREMENT DISTRICT (RAMSEY
COUNTY NO. 58) AND MAKING FINDINGS WITH RESPECT
THERETO
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota as
follows:
1. The Commissioners of the Housing and Redevelopment Authority of the City of St.
Anthony, Minnesota (the "HRA") and the City of St. Anthony, Minnesota(the "City"), have
previously approved Kenzie Terrace Redevelopment Plan, Chandler Place Redevelopment Plan,
Highway Eight Redevelopment Plan, Redevelopment Plan for Redevelopment Project No. 2 and
Redevelopment Plan for Redevelopment Project No. 3, together with certain amendments thereto
(the"Redevelopment Plans") and redevelopment projects (the "Redevelopment Projects")to be
undertaken pursuant thereto, and in order to finance the public redevelopment costs to be
incurred by the City and the HRA in connection with certain of the Redevelopment Plans and
Redevelopment Projects, the HRA and the City have approved Tax Increment Financing Plans
(the"Financing Plans"), which establish two tax increment financing districts which are
designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County
No. 1950) and Chandler Place Tax Increment District(Ramsey County No. 58) (the"Districts").
In 1995 the Board of Commissioners of the HRA and the City approved an amendment to the
Redevelopment Plans and the Financing Plans which is entitled"Master Modification to
Redevelopment Plans and Tax Increment Financing Plans"(the"Original Master Modification").
The Master Modification combines the areas subject to the Redevelopment Plans and expands
the area subject to the Redevelopment Plans and authorizes the expenditure of tax increment
revenues derived from the Districts to pay public redevelopment costs in the additional area
made subject to the Redevelopment Plans and on November 12, 1996 the Board of
Commissioners of the HRA and the City approved amendments to the Original Master
Modification designated as "1996 Amendments to the Master Modification to Redevelopment
Plans and Tax Increment Financing Plans (the "1996 Amendment"), which included additional
property in the area subject to the Redevelopment Plans and amended the Financing Plans to
authorize additional expenditure of tax increment revenue derived from either of the Districts.
The Original Master Modification, as amended by the 1996 Amendments is herein called the
"Master Modification". On January 23, 2001 the Board of Commissioners of the HRA and the
City approved an additional amendment to the Tax Increment Financing Plan for Chandler Place
Tax Increment District (Ramsey County No. 58) (the"Chandler District") designated as "2001
Amendments to Tax Increment Financing Plan for Chandler Place Tax Increment District
(Ramsey County No. 58)" (the "2001 Amendment") to identify property which the HRA intends
to acquire with the tax increment revenues derived from the Chandler District. The HRA has
50
approved an additional amendment to the Master Modification and the Tax Increment Financing
Plan for the Chandler District which is entitled "2002 Amendments to Master Modification and
Tax Increment Financing Plan for Chandler Place Tax Increment Financing District" (the"2002
Amendment") to include additional property in the area subject to the Redevelopment Plans and
to amend the Financing Plan for the Chandler District to identify additional property which the
HRA intends to acquire with tax increment revenues derived from the Chandler District and to
authorize additional expenditure of tax increment revenue derived from the Chandler District.
2. This Council on January 8, 2002, held a public hearing on the 2002 Amendment after
notice of the public hearing was published in the official newspaper of the City not less than ten
(10) days prior to the date of the hearing. At such public hearing all persons desiring to be heard
with respect to the 2002 Amendment were given an opportunity to express their views with
respect thereto.
3. This Council has previously found that the Chandler District is a housing district
within the scope of Minnesota Statutes Section 469.174, subdivision 11, and the 1996
Amendment will not change such prior findings. The 2002 Amendment further serves the
original goals and purposes of the City and HRA in approving the Redevelopment Plans, the
Redevelopment Projects and the Financing Plan for the Chandler District, by redeveloping
property in the City and by providing needed facilities which will be of benefit to all residents of
the City, including those residing in the area subject to the Redevelopment Plans.
4. Pursuant to Minnesota Statutes, Section 469.175, subdivision 4, it is hereby found
that:
(A) Chandler Place Tax Increment District is a housing district, as defined in
Minnesota Statutes, Section 469.174, subdivision 11, for the reasons set forth in previous
findings by this Council, and the 2001 Amendment does not alter these previous findings.
(B) The proposed development to be undertaken in accordance with the
Redevelopment Plans, as amended by the Master Modification and the 2002 Amendment,
in the opinion of this Council would not occur solely through private investment within
the reasonably foreseeable future and therefor the use of tax increment financing is
deemed necessary.
(C) The Financing Plan for the Chandler District, as amended by the Master
Modification, the 2001 Amendment and 2002 Amendment, conforms to the general plan
for the development of the City as a whole.
(D) The Financing Plan for the Chandler District, as amended by the Master
Modification, the 2001 Amendment and the 2002 Amendment, will afford maximum
opportunity consistent with the sound needs of the City as a whole for the development of
the area subject to Redevelopment Plans by private enterprise.
-2-
(E) The City confirms its election of the method of tax increment computation
51
set forth in Minnesota Statutes, Section 469.177, subdivision 3, clause (a) with respect to
the Chandler District.
Passed by the Council this 8`h.day of January, 2002.
Mayor
Attest:
City Clerk
Reviewed for Administration:
City Manager
-3-
52
MEMORANDUM
DATE: December 3, 2001
TO: Mayor and Councilmembers
Planning Commissioners
FROM: Michael Morrison, City Manager
SUBJECT: BUDGET AMENDMENT FOR TIF DISTRICT
The following TIF Plan proposed by Jerry Gilligan of Dorsey& Whitney, allows the City to proceed
with the purchase of property to provide financial assistance to the following properties:
New to Plan Purchase and removal of Hardies property to Estimated cost: $360,000
prepare for redevelopment
New to Plan Purchase and removal of Exhaust Pro property Estimated cost: $500,000
to prepare for redevelopment
New to Plan Purchase and removal of Phillips 66 gas station Estimated cost: $500,000
property to prepare for redevelopment
In existing Plan Apache Plaza redevelopment to assist with Estimated cost: $200,000
consultants, etc.
TOTAL $1,560,000
Revenue to pay for redevelopment opportunity to come from Chandler District proceeds of
approximately$1.7 million. Other redevelopment opportunities that are currently in the Plan could be
paid from District if other revenue becomes available to City, such as profits from property sales (5 lots
on Kenzie - Custom Liquidators,etc.):
Southwest Quadrant area(Stonehouse, $1,125,000
Shopping Center area)
Twin City Federal lot $75,000
Purchase or provide assistance to KFC, $500,000
Broadway Pizza, Bremer Bank
53
Page 2
Since 1994,the City has assisted the following properties:
• Walgreens
• Custom Liquidators purchase
• Industrial Custom Products
• CUB Foods
• Several townhome projects
• 33`d/Stinson
• Fordham
• Highway 88
• Kenzie Terrace
In excess of$10 million in new value has been created as a result of the assistance the City has
provided.
Other issues Springsted is exploring are:
1. Paying off the Community Center bonds earlier.
2. Borrowing funds from Kenzie to do above and paying back with Chandler.
3. Bonding to pay for above items.
85 E.SEVENTH PLACE,SUITE 100 54
SAINT PAUL,MN 55101-2887
651-223-3000 FAX:651-223-3002 SPRINGSTED
Advisors to the Puhlic.Sector
MEMORANDUM
TO: Michael Mornson, Manager, St. Anthony Village
FROM: Paul T. Steinman, Vice President
DATE: December 27, 2001
SUBJECT: TIF District Options
As we discussed, your two primary objectives are 1) to capitalize the Chandler TIF fund in order
to accomplish planned projects, and; 2) to relieve the Kenzie TIF District of its debt obligations.
You have options available to complete either objective. These options are as follows:
1) Utilize the existing Kenzie fund balance to'defease, or pay off, the G.O. Tax
Increment Bonds, Series 1995B (Community Center).
• Pro:
✓ Get rid of the Community Center debt earlier than expected.
✓ MAY be able to decertify Kenzie TIF District early and get it back on the
tax rolls. However, no early decertification is allowed without
Commissioner of Revenue approval.
• Con:
✓ Use entire fund balance to defease outstanding Bond.
✓ Still have to make about 70% of the scheduled bond payment through
2004.
✓ If District is decertified you no longer would have the option of using
Kenzie increment to make up any potential shortfall in the Apache TIF
District (Cub Bonds).
2) Sell a G.O. Tax Increment Revenue Bond using a projected TIF revenue stream
from the Chandler District.
• Pro:
✓ Get$ into the Chandler TIF fund to complete planned projects.
• Con:
✓ Some risk if Chandler TIF revenues fall short of projections.
✓ Cost of bond issuance.
3) Complete an internal loan of Kenzie TIF funds into the Chandler TIF fund.
• Pro:
✓ Get$ into the Chandler TIF fund to complete planned projects.
CORPORATE OFFICE: SAINT PAUL,MN • Visit our website at www.springsted.com
IOWA • KANSAS • MINNESOTA • VIRGINIA • WAS11INGTON,DC • WISCONSIN
St. Anthony 55
December 27, 2001
Page 2
✓ Save some$ over issuing a full fledged G.O. TIF Revenue Bond
• Con:
✓ Some risk if Chandler TIF revenues fall short of projections.
Of these options, the third appears to be the most effective means,of capitalizing the Chandler
TIF fund. The primary reason is that this options allows you to keep your other options open
when it comes to dealing with a potential shortfall in the Apache District (Cub Bonds). Also with
option three, your risk exposure would be more limited should Chandler TIF revenues fall short
of projections.
1 CITY OF ST. ANTHONY 56
2
3 PLANNING COMMISSION MEETING
• 4
5 DECEMBER 18, 2001
6 7:00 P.M.
7
8
9 I. CALL TO ORDER
10 Chair Melsha called the meeting to order at 7:00 p.m.
11 -
12 II. PLEDGE OF ALLEGIANCE.
13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
14
15 III. ROLL CALL.
16 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson, Steeves,
17 and Thomas.
18 Absent: Commissioner Tillman.
19 Also present: Assistant City Manager Susan Henry.
20
21 IV. APPROVAL OF AGENDA.
22
23 Motion by Vice Chair Stille, second by Commissioner Thomas,to approve the meeting agenda
24 with the change above.
25
26 Motion carried unanimously.
27
28 V. PUBLIC INPUT.
29 Hearing no comments, Chair Melsha moved forward with the agenda.
30
31 VI. MEETING MINUTES.
32 6.1 Review/Approval of the Planning Commission meeting minutes of November 20, 2001.
33 Vice Chair Stille requested the following deletion: Page 3, Line 12 to strike: "where he
34 lives."
35 Chair Melsha requested the following change: Page 5, Line 4 to read: "...and suggested
36 that the Planning Commission recommended that the City Council consider amending the
37 zoning code to allow this use as a conditional use." Strike the remainder of the sentence.
38 Commissioner Thomas requested the following correction: Page 14, Line 2: change
39 "five"to "ten".
40-
41 Motion by Vice Chair Stille, second by Commissioner Hanson, to approve the Planning
42 Commission meeting minutes of November 20, 2001, as amended above.
43
44 Motion carried unanimously.
45
46 VII. COMMUNICATION WITH CITY COUNCIL.
47 7.1 Designate a Planning Commission member to the City Council regular meeting of
48 August 28,2001.
• 49 Chair Melsha appointed Commissioner Steeves to attend the next City Council meeting
50 on January 8, 2002.
51
52
Planning Commission Meeting Minutes 57
December 18, 2001
Page 2
• 1 VIII. HEARINGS.
2 8.1 Village North, LLP, 2801 37`h Avenue Northeast: Conditional use permit for packaging
3 of wax and other components into candle products.
4 Henry indicated that, at the request of-the applicant,on November 27, 2001,the City
5 Council adopted wax and scented wax manufacturing processes to be added under
6 permitted conditional use in the Light Industrial zoning district. She continued that the
7 applicant was now requesting a conditional use permit for a company called Essenco to
8 occupy the building at 280137 1h Avenue Northeast. Essenco manufactures candles.
9
10 Henry stated that residents in the vicinity of the light industrial building at 280137'
11 Avenue Northeast have complained to City staff of perfumed odors coming from the
12 building over the last,three to four weeks. Henry added that City staff has confirmed
13 Essenco already occupies the building and has begun its operation.
14
15 Henry indicated that Ken Solie has offered the concept of a review board as a possible
16 remedy if there is a problem with smell in the neighborhood. However, Henry stated,the
17 City Attorney has advised staff the City should not delegate its regulation to a citizen's
18 review committee, rather the City should have enforceable conditions in the conditional
19 use permit.
20
21 Henry concluded that the difficulty with this case is defining the problem: When has the
22 odor reached the public nuisance level? Is there a way to measure the smell? Or is it
• 23 merely subjective?
24
25 Ken Solie, owner of the building, came forward and agreed that it was very difficult to
26 set conditions of what determines a problem with odor. He continued that they looked at
27 four other cities that have ordinances in place that are relatable, and how they quantified
28 the condition.
29
30 Solie indicated that they contacted the code compliance people in four different cities to
31 see if they have had a problem relating to odor from the facilities in their cities. He
32 stated that all four people indicated that they have not experienced any difficulties with
33 the candle manufacturing company in their city.
34
35 - Solie indicated that he had researched different ways to quantify an odor problem and
36 ways that it could be attached to a conditional use permit. Through his research, Solie
37 learned that the only way to determine the intensity of an odor was through human smell.
38
39 Solie proposed that they devise some sort of criteria that would determine the point at
40 which an odor would be a problem. He suggested a condition that stated: if complaints
41 were received from residents, it would lead to the assembly of a committee through an
42 unbiased process, or they would retain a consultant to aid them in establishing their
43 criteria regarding the issue of odor.
44
• 45 Solie continued that they have looked at the mechanical systems of the building to ensure
46 that.everything was operating properly in the building. He indicated that he hired Dan
47 Shinlof,of Mechanical Operations, who has gotten the mechanical systems in the
48 building running properly.
Planning Commission Meeting Minutes 58
December 18, 2001
. Page 3
.. • 1
2 Shinlof came forward to share his knowledge of the building, having looked it over at
3 Solie's request. He reviewed some of the details and mechanics of the building that
4 make the system function properly: a large unit on top of the building that pumps fresh .
5 air into the building, two large exhaust fans on north'side of the building.
6
7 Shinlof stated that the mechanics of the building were not functioning properly until this
8 week. He added that he went into the street to test the improved system,and stated that
9 he could not smell any odor.
10
11 Chair Melsha asked if, when they sampled the system, if they knew the direction of the
12 wind. Shinlof indicated it was a northwest wind,which was pretty typical.
13
14 Vice Chair Stille asked if there were other systems that they could use, if the recent
15 improvements did not satisfy the problem. Shinlof stated that there was the possibility to
16 add charcoal filters that could be put in line with the exhaust fans, or a hood over the area
17 where the actual manufacturing takes place.
18
19 Vice Chair Stille asked what type of smells the charcoal filters produce. Shinlof stated
20 that of the six hundred other buildings that his company works on,they have no filtering
21 systems. He added that the charcoal filters are the only ones that can actually filter any
22 smell out of the air.
23
24 Solie referred to a conditional use for a conditional use permit and indicated that,
25 generally speaking,they are involved in this type of business. He added that there is no
26 way to seriously demonstrate how effectively the improved system is working. He added
27 that, if they do get up and running and encounter problems,they will do the necessary
28 things to alleviate the concerns of the community.
29
30 Chair Melsha asked how expensive the charcoal filters are. Shinlof indicated that
31 installation of the original system would cost approximately$10,000,and maintenance of
32 the system would cost about$1,500 a year.
33
34 Solie stated that he was uncertain that there was a problem at this time with odor, and
35 reviewed the steps that they have taken to improve the mechanics of the building. He
36 added that the building has been running properly for only a week, and hoped that
37 residents were willing to see what they were willing to do to remedy any odor problems.
38
39 Chair Melsha stated that he was disappointed about was that the company was up and
40 running before they had received their approval. Solie reviewed the lengthy initial steps
41 that he took with the City of St. Anthony to allow the business to come into the City of
42 St. Anthony. He stated that he thought that Essenco was a perfect business to fall under
43 the light industrial category.
44
45 Solie continued that wax was not included in the light industrial. He stated that he, Mike
46 Morrison, and former Mayor Cavanaugh all assumed that going through with a change to
47 the city zoning ordinance to add wax would pass without any problem.
48
Planning Commission Meeting Minutes 59
December 18,2001
Page 4
1 Solie continued that Levitus,owner of Essenco,needed to move out of his existing space,
2 so he moved all of his equipment over to the Village North location. Solie indicated that
3 the entire thing has dragged on for two months.
4
5 Levitus came forward to address the question of why they prematurely began operations.
6 He continued that it was a misunderstanding with what the City Council had granted.
7 Subsequently, he realized that they were in the wrong, and stopped operations
8 immediately.
9
10 Chair Melsha asked for the specific dates that they had been running. Levitus did not
11 have specific dates. He suggested that thy probably ceased operating ten days ago.
12
13 Levitus stated that Solie had done some research on the internet and provided Levitus
14 with a list of the fifteen residents that lived nearest the location. He added that he spoke
15 with several of them, all of whom were not concerned with the odor,nor had they noticed
16 any odor being omitted. He stated that the only resident that voiced any disconcertion
17 was a member of the family who placed the original complaint to the City.
18
19 Levitus continued that he had not received any return phone-calls from residents where
20 he left detailed messages and his phone number for the purpose of voicing any
21 complaints regarding the operation.
• 22
23 Chair Melsha asked Levitus to briefly explain his operation.
24
25 Levitus indicated that he spoke with St. Croix Sensory for the purpose of diluting the
26 fragrance with extra air. If they were to work with them,he suggested that the odor
27 should be eliminated by the time it would get across the street.
28
29 Vice Chair Stille asked about hours of operation. Levitus indicated that they typically
30 work one shift, home and that production start time was between 6:00 a.m. and 7:00 a.m.
31 He indicated that the shift lasts until 2:00 p.m. to 3:00 p.m. Levitus stated that
32 occasionally, based on seasonal needs,the shift might be extended a couple of hours. He
33 concluded by stating that August and September are the busiest time for them, and the
34 quietest are summer months.
35
36 Thomas asked if Levitus was operating at the last Planning Commission meeting of
37 November 20, 2002. Levitus indicated that they were not.
38
39 Commissioner Thomas asked about the twenty-five production employees that he
40 intended to hire,and if they were going to be receiving a living wage. Levitus stated that
41 he would pay them$7.50 an hour for an entry-level position.
42 Chair Melsha asked for a more concrete schedule from Levitus in terms of when they
43 would likely extend their hours. Levitus stated that August, September, October and first
44 part of November are the busiest time of year.
• 45
46 Solie stated that they did come across some specific terminology on how to quantify
47 odor. He reviewed a few scenarios with the Commission: appoint three neutral people to
Planning Commission Meeting Minutes 60
December 18, 2001
Page 5
• 1 assess the condition of odor, or hire a consulting fret (St. Croix Sensory)to establish a
2 committee to evaluate the issue.
3
4 In addition, Solie continued, the mechanics of the building are operating properly, but if a
5 problem arose, they would hire a contractor to determine.the ways to improve the
6 problem, and be in tune with the concerns of the residents. He stressed his commitment
7 to address concerns of the community.
8
9 Solie suggested that they allow the business to operate and then address any problems
10 that arise.
11
12 Doug Tanner,2206 St. Anthony Parkway, expressed his concern that they were breaking
13 the laws of St. Anthony by operating without a conditional use permit. He added that
14 ignorance was no exception from these businessmen.
15
16 Tanner continued that the uncertainty on the part of Levitus to not be able to detail the
17 exact start and stop dates of the when the operation was running was unacceptable.
18
19 Tanner continued that he had visited the building on November 10,2001. He stated that
20 an employee indicated that they had been making candles at that location for three to four
21 weeks, which meant that they were operating at the time of the last Planning Commission
22 meeting.
23
24 Tanner continued that he spoke to Levitus on the phone, and told his that the odors were
25 offensive. He continued that he had already gone through the details of the last odor
26 experience that came from the building in the past at the last Planning Commission
27 meeting. He acknowledged that there now exist two pink objects to block odor from
28 exiting through the front of the building, suggesting that they blocked off the front of the
29 building to prevent air from exiting.
30
31 Tanner continued to give examples regarding the operation and associated concerns with
32 the odor. He reviewed Solie's information and summarized it to say that the residents are
33 now forced to determine how much smell they can stand. He concluded that he felt that
34 the new ventilation system is pushing the odor out of the building twenty-four hours a
35 day.
36
37 Steve Valek, 2614 37'Avenue Northeast, came forward and explained that they were
38 able to smell the fragrance in their backyard just prior to tonight's meeting. He asked
39 how long the smell remains in the building once operations have ceased. Levitus
40 indicated that, as long as there is product in the building, there would be a smell.
41
42 Kim Shaddrick, 2510 37'Avenue Northeast, came forward. She indicated that,
43 regarding filters, she used to work in a high-rise downtown where filters were not
44 maintained due to cost, and health problems resulted from the neglect. She stated that
• 45 her husband did receive a phone-call from Levitus and was non-committal.
46
47 Shaddrick continued that, once they have a signed lease, would it be an issue that would
48 work against the community?
Planning Commission Meeting Minutes 61
December 18, 2001
Page 6
1
2 Shaddrick stated that the first time that she smelled it was over Thanksgiving weekend.
3 She continued with some historical examples,all of which revealed her impression of the
4 operation was that the smell would be a long-term and invasive problem.
5
6 Shaddrick concluded that she feels that, as a community, they need to continue to
7 carefully assess and adopt those things that benefit the community. She stated that the
8 difference between a candle in one's home and the fragrance outside was that a candle
9 could be blown out, that it was a choice. She added that, in this matter, their rights and
10 freedom choice would be taken away.
11
12 Jennifer Tanner,2614 37'Avenue, stated that she understood that no odors would be
13 emitted from the last meeting. Chair Melsha stated that was true.
14
15 Jennifer Tanner asked if anyone was checking up on whether the operation has ceased at
16 this time. Henry indicated that the City has stated, more than once,that Essenco was to
17 cease operation. Henry stated that she and Mike Morrison made it clear last Tuesday to
18 Levitus that operations should have ceased.
19
20 Valek stated that, if they were not manufacturing at this time,the smell would be ten
21 times worse than it was right now.
® 22
23 Doug Tanner stated that he was uncomfortable that no one appears to be following-up
24 with Essenco to ensure that they have ceased operation.
25
26 Solie came forward stating that he was unable to find where in the minutes it was stated
27 that there would be absolutely no odor omitted. Chair Melsha and the Commission sited
28 a few areas in the minutes that stated that it had been stated that no odor would be
29 emitted.
30
31 Travis Shaddrick, 2510 37'Avenue Northeast, indicated that one of the metal doors was
32 open halfway recently, referring to Solie's statement earlier this evening that the building
33 was supposed to be sealed. Shaddrick also asked why they were dishonest about
34 operating, are why the blinds were closed.
35
36 Levitus stated that the blinds are closed for security reasons, and to keep the heat from
37 the southern sun out.
38
39 Chair Melsha closed the public hearing at 8:11 p.m.
40
41 Commissioner Thomas stated that whenever they get down to zoning issues, it usually
42 comes down to money. He added that they needed to determine if the operation was
43 truly going to be a detriment to the homeowners located near the building. He suggested
44 that they have a six-month trial period based on the satisfaction of the residents in the
• 45 area, using the current ventilation system. He added that the charcoal filters and hoods
46 over the actual candle-making units would be the next step that they would take in order
47 to improve the odor issue.
48
Planning Commission Meeting Minutes 62
December 18, 2001
Page 7
• 1 Chair Melsha responded that, if they did the trial, it would need to be the most objective
2 criteria as possible to determine whether the conditions of the trial are being met. Chair
3 Melsha suggested that they add the charcoal filters now.
4
5 Vice Chair Stille asked what the criteria was in order for the Commission to deny a .
6 conditional use permit. Chris Smith, City Attorney, stated that, in order to deny a
7 conditional use permit, it would depend upon the standards that they were to establish.
8
9 Chair Melsha stated that he understood that there was a fairly high standard regarding
10 health and safety. Smith stated that it was hard to quantify smell, and that perhaps the
11 Commission should require filters at this time.
12
13 Chair Melsha asked if a threat to personal welfare was grounds for denial of a conditional
14 use permit. Smith stated that it was.
15
16 Commissioner Thomas asked about the impact on property values. Smith stated that it
17 was difficult to quantify because of the injury that was being proposed. He stated that the
18 Commission and City Council could make a finding, based on the evidence that was
19 before them, that it would be detrimental to the property values. He added that if they
20 had evidence, such as personal testimonies of residents who live in the area and find the
21 odors offensive,then the finding would be upheld
® 22
23 Chair Melsha expressed his concern of taking a leap of faith. He added that he was
24 uncertain that a trial period would be a good option.
25
26 Vice Chair Stille stated that putting a time frame on a permit would find them at the same
27 place, at a later date. He added that he had a larger problem with the buildings that were
28 to be built across the railroad tracks.
29
30 Commissioner Hanson stated that he was uncomfortable with the fact that they illegally
31 began operations. In his mind, he believes that they have already proven that the
32 charcoal filters are necessary immediately.
33
34 Commissioner Steeves stated that they still had decisions to make regarding evaluation
35 regardless of how soon. He added that having a panel of independent citizens who have
36 no vested interest in the outcome was the only way that they could come to any fair
37 conclusion.
38
39 Commissioner Thomas stated that there are people who do work on odors at the
40 University of Minnesota.
41
42 Chair Melsha asked for Smith's opinion on what they are discussing.
43
44 Smith stated that, if they were to come up with an objective panel, it would be the best
• 45 way to protect the City from a lawsuit. He added that they might not want to limit the
46 condition to say no order,but perhaps no odor beyond a certain point.
47
Planning Commission Meeting Minutes 63
December 18, 2001
Page 8
• 1 Chair Melsha stated that they could adopt conditions to provide for the upgrade of the
2 filters. He added that he was a little uncomfortable with having a panel.
3
4 Chair Melsha asked Smith his opinion on re-visiting a condition in ninety days. Smith
5 stated that there still needed to be some sort of basis for which to apply conditions.
6
7 Vice Chair Stille stated that everything needed to be taken within context.
8
9 Commissioner Hanson suggested that they force Essenco to.put the new filters in place,
10 and re-visit the issue in ninety days.
11
12 The Commission talked over a few options for measuring odor: professionals, consulting
13 firms, and panels.
14
15 Vice Chair Stille suggested that no unreasonable odors omitted from the building could
16 be found to impact surrounding residential properties as a condition. He added that
17 would also protect them down the road with the Northwest Quadrant project.
18
19 Solie suggested that they have St. Croix Sensory come back to a City Council meeting to
20 recommend some sort of plan that they could agree upon.
21
22 Vice Chair Stille stated that they should make the installation of the upgraded filters an
• 23 immediate condition. He added that having Essenco add the charcoal filters and then
24 pulling the permit after a trial period would be somewhat unfair and very costly to
25 Essenco.
26
27 Commissioner Thomas stated that they were assured by Solie on several occasions that
28 the carbon filters would solve the problem. Solie stated that he would rather have the
29 expert come in and assess what needed to be done before installing new filters.
30
31 Shinlof stated that there was not a specific system for this circumstance and that it would
32 need to be designed, thus,the process would take a bit of time. He added that it would
33 take between thirty to forty-five days in order to complete the installation.
34
35 Levitus stated that when he spoke to St. Croix Sensory, they stated that there are options
36 in addition to the charcoal filter's. He added that the price of alternative options was
37 comparable to the charcoal filters.
38
39 Chair Melsha suggested tabling making a decision on a conditional use permit. He asked
40 when the clock would start ticking for Essenco if they were to do that.
41
42 Commissioner Steeves stated that the clock does not start ticking on the sixtieth day, if
43 the application was found incomplete.
44
45 Commissioner Hanson stated that they could extend the application another sixty days at
46 next months Planning Commission meeting.
47
Planning Commission Meeting Minutes 64
December 18, 2001
Page 9
1 Chair Melsha stated that he did not like to table things,but feels that, under the
2 circumstances, it would be beneficial to table the issue at this time.
3
4 Vice Chair Stille indicated that he wanted to work with Essenco, as well as the
5 community. He.stated that shutting down the operation would be hard on their business.
6
7 Commissioner Hanson noted,that it would be necessary to have the operation running in
8 order for the experts to accurately assess the odor.
9
10 Commissioner Steeves agreed that it would be difficult for Essenco to remain in limbo.
11
12 Solie suggested a period of time for the company to operate and determine if there was a
13 problem, and then go in and solve the problem.
14
15 Doug Tanner stated that Essenco made a mistake, and should not be able to operate at
16 this point. He added that perhaps the Commission could make a decision that would
17 allow the operation to continue,and that smell was the only issue for him.
18
19 Levitus stated that Tanner made a good point that all that the residents do not want is the
20 smell. He added that there needed to be an index from which to determine the smell,
21 which St. Croix Sensory could provide.
22
• 23 Carol Patrick, 3633 Edward Street, stated that her concern was that an independent
24 contractor would make the decision for the community.
25
26 Chair Melsha suggested that they have a 120-day period for which to operate along with
27 attached conditions:
28 • Consultant approved by the City.
29 • Applicants take whatever necessary measures to diminish the smell.
30 • After 120 days hold a public hearing to determine if the use is injurious to health
31 and property values, if not, whether any additional conditions should be set at that
32 time.
33
34 Commissioner Steeves suggested that they have received nothing but confidence that
35 Solie and Levitus would take any necessary measure to solve the problem at their own
36 expense. He suggested that they grant the conditional use permit, find that the odor is
37 injurious to property owners, and state that the conditional use permit would always be
38 up for review, and a 120-day hearing upon every two residential complaints.
39
40 Chair Melsha clarified that the standard is that the Planning Commission make a
41 judgement based on a public hearing. Commissioner Steeves added that the standard is
42 that it is found tonight that the odor is injurious to residential property owners.
43
44 Vice Chair Stille asked for Smith's opinion. Smith stated that there might be some
® 45 difficulty in assessing if there is evidence at this time to support the conclusion that odor
46 is injurious to residential properties.
47
Planning Commission Meeting Minutes 65
December 18, 2001
Page 10
• 1 Commissioner Thomas handed a copy of a nuisance form from California to Smith to
2 examine. He felt that the standard of the nuisance form still was subjective.
3
4 Vice Chair Stille suggested that they contemplate Commissioner Steeves' suggestion,
5 and go with Chair Melsha's suggestion at this time.
6
7 Smith indicated that Chair Melsha's suggestion was reasonable.
8
9 Motion by Chair Melsha, second by Commissioner Steeves, to recommend granting the
10 conditional use permit for Village North, LLP, 280137 th Avenue Northeast with the
11 following conditions
12 • Candle manufacturing can only occur between the hours of 6:00 a.m. through
13 4:00 p.m., Monday through Saturday.
14 • The operation can operate as is for 120 days after which the Planning
15 Commission would hold a public hearing to determine whether, or not there exist
16 problems associated with the smell.
17 • Conditional use permit may be revoked if findings at the end of the 120-day
18 period indicate that the odor is injurious to the public health,welfare including
19 property values of the surrounding neighbors.
20 • At the end of the 120-day period,the City reserved the right to place any
21 additional, reasonable conditions on the use.
• 22
23 Motion carried unanimously.
24
25 Chair Melsha clarified that nothing was approved this evening, and stated that the
26 conditional use permit request would go before the City Council on January 8, 2002.
27
28 8.2 City of St. Anthony: Reguuire business license for therapeutic massage parlors and amend
29 Zoning Ordinance Section 3.635.02.
30 Henry stated that, a couple of months ago, arrests were made at one massage operation
31 for prostitution. She added that, under the present City Ordinance,therapeutic massage
32 is not a defined term and the City does not require a license, making it very difficult to
33 stop the operation of a massage operation where prostitution may be occurring.
34
35 Henry stated that by requiring massage operations to obtain a business license and
36 providing certain clearly delineated standards for operation,the City may.more
37 effectively regulate these activities and ensure that only massage parlors are located in
38 the City.
39
40 Henry stated that the ordinance provides for a detailed application to be filed for the
41 license by the applicant, an investigation of the applicant by the Police Department, and
42 the standards for the manager to deny the issuance of a license. Henry added that, in
43 addition,the ordinance speaks to investigation and approval/denial of application,
• 44 including the suspension or revocation of the license and specifically provides that any
45 conviction for prostitution or any other crime or violation involving moral turpitude
46 results in a revocation of the license.
47
Planning Commission Meeting Minutes 66
December 18, 2001
Page 11
1 Henry continued that, once the City Council adopts the ordinance, it goes into effect
2 immediately and existing businesses will have 120 days to comply with the new
3 ordinance. She stated that the license fee was$250, while the investigation fee deposit
4 was $500. Henry also stated that the number of licenses allowed for this type of business
.5 was five, under this ordinance.
6
7 Smith added that the reason this was before the Planning Commission as a public hearing
8 tonight was because of the zoning change.
9
10 Chair Melsha asked how the fee would be determined for existing businesses. Smith
11 stated that the amount could certainly be changed.
12
13 Resident Mary Luger-Sarter, 3807 Stinson Boulevard, stated that she was a massage
14 therapist at a couple of different places in the City of St. Anthony and found it very
15 offensive when they referred to her type of business as.a"massage parlor". She stated
16 that she found the fee was astronomical for the City of St. Anthony, especially when
17 someone was starting a new business.
18
19 Smith indicated that the essence of the ordinance is from Edina,but the numbers in the
20 ordinance are not based on the Edina ordinance.
21
• 22 Resident Barry Tedlund, owner of Fitness Crossroads, stated that he was questioning
23 what licensing was going'to do for the community, not having any type of review process
24 that it had to go through. He was uncertain that licensing was the answer,and if it was
25 able to provide the means to stop what has happened.
26
27 Chair Melsha asked if Tedlund's business would fall under the guidelines of the massage
28 therapy ordinance. It was determined that his business would not be subject to the
29 discussed requirements.
30
31 Commissioner Thomas asked if he was seeing a growing demand. Tedlund stated that
32 was true, and that he was encouraging massage therapy.
33
34 Arlene Fernandez, owner and manager at The Center for Stress Reduction in St.
35 Anthony. She indicated that she has been in massage therapy for thirteen years. She
36 stated that the mission for her was to provide her clients with a relaxing therapeutic
37 massage at an affordable rate, as well as guidance and a supportive environment for
38 practitioners who are entering the field.
39
40 Fernandez agreed with Tedlund that requiring licensing would not necessarily eliminate
41 prostitution.
42
43 Fernandez listed many of the beneficial effects of therapeutic massage: improved
44 circulation, eliminating toxic debris from the body, relaxes muscle spasms, improved
• 45 muscle tone, reduced strain from the heart,etc.
46
Planning Commission Meeting Minutes
December 18, 2001 67
Page 12
• 1 Fernandez stated that she feels that the $500 would be difficult for those businesses to
2 come up with. She added that she would happily volunteer her time to help the Planning
3 Commission with this issue.
4
5 Ralph Canton came forward and stated that he has been a massage therapist for seventeen
6 years. He stated that the origin of a license is based on the degree of harm that one can
7 do, and referred to medical doctors. He added that massage therapy really has the
8 potential to inflict very little harm on patients.
9
10 Canton concluded that there was very little benefit to licensing massage therapists.
11 Canton also referred to historical roots of therapeutic massage.
12
13 Commissioner Thomas asked what the typical investment would be for a student to start
14 up there own business. Canton stated that he could not give a figure, as he suggests to his
15 students that they operate out of their own homes to eliminate any overhead.
16
17 Commissioner Hanson asked what was recommended from the Police Department.
18 Henry stated that the Police Department and the City Attorney both recommended the
19 ordinance,as it gives them teeth in order to shut down legitimate therapeutic massage
20 businesses.
21
• 22 Chair Melsha closed the public hearing at 9:52 p.m.
23
24 Commissioner Thomas stated that his initial reaction was that they are trying to deal with
25 a police issue through zoning. Henry stated that if they are a legitimate business,they
26 should not have trouble complying.
27
28 Chair Melsha indicated that he did not see the $5,000 investment as being too significant
29 in terms of a capital investment.
30
31 Smith sited a part of the ordinance that would not restrict a person to go to someone's
32 home for a massage. He also noted that the fees were for a business, not the individuals
33 that comprise an entire business.
34
35 Chair Melsha-stated that the focus of the Commission should be on how a property is
36 used.
37
38 The Planning Commission discussed the possibility of changing the number of licenses
39 allowed for this type of business to more than five. They also discussed changing the
40 licensing fees.
41
42 Smith recommended that they put a specific number in the ordinance for cost of license.
43
44 Motion by Vice Chair Stille, second by Commissioner Steeves,to approve the City of St.
• 45 Anthony: Require business license for therapeutic massage parlors and amend Zoning
46 Ordinance Section 3.1635.02.
47
48 Motion carried unanimously.
Planning Commission Meeting Minutes
December 18, 2001 68
Page 13
1 V. INFORMATION AND DISCUSSION.
2 8.1 Review Budget Amendment for Tax Increment Financing(TIF) District.
3 Henry stated this review was merely for the information of the Planning Commission.
4 She clarified that they wanted to bring it before them because they are involved in the
5 plans.
6
7 Henry continued that the purpose was to add to the TIF plan: removal and purchase of the
8 Hardee's property on Silver Lake Road, Exhaust Pro's property on Silver Lake Road, and
9 removal of the Phillip's 66 gas station on the southern end of the city.
10
11 Henry continued that the revenue to pay for the redevelopment would come from the
12 Chandler Fund of approximately$1.7 million.
13
14 8.2 Point of Sale Housing Code Update.
15 Henry indicated that the subcommittee met recently to discuss the point of sale housing
16 evaluation code. She stated that they are back to working with the code that was brought
17 forward in 1998; however,they would like to see more detail added in under some of the
18 specific evaluation areas (plumbing, structural, and aesthetics).
19
20 Commissioner Thomas stated that the subcommittee was essentially going line-by-line
21 through the New Hope ordinance and determining what could be added into the St.
• 22 Anthony housing code.
23
24 Commissioner Hanson stated that the reason for examining the housing code was for the
25 purpose of improving the housing stock in the City of St. Anthony.
26
27 The sub-committee asked the Commission for their input on the aesthetics portion of the
28 housing code.
29
30 Chair Melsha indicated that he had a problem with,landscaping and meeting minimum lot
31 coverage requirements that are found in Subd. 6.
32
33 It was decided that the Commission strike the third and fourth items from Subd. 6. It was
34 also determined that Subd. 6, letter(d) could be moved to another section,but kept in the
35 ordinance.
36
37 Vice Chair Stille mentioned the issue of drainage,and asked if they should add that to
38 Subd. 5.
39
40 Commissioner Thomas asked for feedback on door-locks and security.
41
42 Commissioner Hanson mentioned home-based businesses and questioned if there should
43 be an ordinance for a home-based businesses.
• 45 Chair Melsha asked what the next step was for the Commission regarding the housing
46 code. Commissioner Steeves stated he was willing to be a member of the housing code
47 sub-committee.
48
Planning Commission Meeting Minutes 69
December 18,2001
Page 14
1 It was determined that the next update on the Housing Code would be at the February
2 Planning Commission meeting.
3
4 8.3 Northwest Ouadrant Redevelopment Update.
5 Henry referred to the letter from Mayor Hodson regarding the schedule for the Northwest
6 Quadrant.
7
8 Henry indicated that there would be a developer Open House for the Northwest Quadrant
9 on January 24,2002, from 4:00 p.m. to 8:00 p.m., at St. Anthony City Hall and
10 Community Center. The potential developers are: Centex, Opus Corporation, Pratt-
11 Ordway, and Sherman and Associates.
12
13 Henry stated that on February 5,2002,the City Council will interview the four
14 developers during a Work Session 6:00 p.m. to 10:00 p.m.
15
16 X. ANNOUNCEMENTS.
17 Chair Melsha commended the Commission on their work this evening regarding the request by
18 Essenco for a conditional use permit.
19
20 Commissioner Steeves stated he was very pleased that they had four potential developers for the
21 Northwest Quadrant.
• 22
23 Commissioner Thomas commended Chair Melsha on his leadership this evening.
24
25 XI. ADJOURNMENT.
26 Motion by Chair Melsha, second by Commissioner Hanson,to adjourn the meeting at 10:35 p.m.
27
28 Motion carried unanimously.
29
30
31
32 Respectfully submitted,
33
34
35 Courtney Seesz
36 Timesaver Off Site Secretarial, Inc.
37
Post-W Fax Note 7671 Date p pages*ages
From 70
Co./Dept. Co.
Phone# Phone#
isFax# 7 8 5 `"T Fax#
CITY OF ST. ANTHONY
RESOLUTION 02-016
A RESOLUTION APPROVING A PERMITTED CONDITIONAL
USE REQUEST FOR 2801-37TH AVENUE NE
WHEREAS, Village North LLC has requested a permitted conditional use for their property located
at 2801-37th Avenue NE; and
WHEREAS, granting said request would allow the packaging of wax and other components into
candle products; and
WHEREAS, at a public hearing on December 18, 2001,the St. Anthony Planning Commission
recommended the City Council approve said request.
• NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the permitted conditional use request submitted by Village North LLC for 2801-37th Avenue
NE.
Adopted this day of , 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
•
71
MEMORANDUM
DATE: 12/11/01 MEETING DATE: 12/18/01
TO: Planning Commission Members -
FROM: Susan Henry, Assistant City Manager
SUBJECT: Village North, LLP, 2801 37th Avenue Northeast: Conditional use
permit for packaging of wax and other components into candle
products.
Requested Action:
Ken Solie, Village North LLC and property owner of the light industrial building located at
2801 37th Avenue Northeast, is requesting a permitted conditional use for packaging of
wax and other components into candle products.
Background:
At the request of the applicant, on November 27, 2001, the City Council adopted wax
and scented wax manufacturing processes to be added under permitted conditional use
in the Light Industrial zoning district. The applicant is now requesting a conditional use
permit for a company called Essenco to occupy the building at 2801 37th Avenue
Northeast. Essenco manufactures candles.
Residents in the vicinity 9 of the light industrial building at 2801 37th Avenue Northeast
have complained to City staff of perfumed odors coming from the building over the last
3-4 weeks. City staff has confirmed Essenco already occupies the building and has
begun its operation. The City has made it clear to the applicant that they are not allowed
in there because the conditional use permit has not been approved.
Ken Solie has offered the concept of a review board as a possible remedy if there is a
problem with smell in the neighborhood. However, the City Attorney has advised staff
the City should not delegate its regulation to a citizen's review committee, rather the City
should have enforceable conditions in the conditional use permit.
Typical conditions the City has approved in the past include hours of operation, lighting,
landscaping, abiding by applicable state and federal laws, etc. The difficulty with this
case is defining the problem. When has the odor reached the public nuisance level? Is
there a way to measure smell? Or is it merely subjective? Perhaps no smell could be a
condition for the applicant; however, is it realistic?
Attachments:
• Petitioner's Application
• Adopted Ordinance related to allowing the wax and scented wax processes as a
permitted conditional use in the light industrial zoning district.
•
72
• November 27 , 2001 Fee:
Date:
CITY OF ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
Applicant: Village North LLP Phone: 612-781 -33,91
Address: 2500 Anthony MN 554-01-
Owner
Status of applicant (owner, buyer, renter, agent, etc.):
Street address and/or legal description of property in question:
2801 37th Avenue NE
Zoning district in which property is located: Light Industrial
Conditional use proposed: Packaging of wax and other comnonenrs
into candle Products for home use .
Mlinnesota 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. A concurrent petition has been submitted
to list this use .
2) The proposed conditional use will not be detrimental to the health, safety, or general
welfare of ,persons residing or working in the vicinity or iniurious to property values or
improvements in the vicinity. There is no evidence of or history indicating
that the process detrimental or injurious .
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.
See the justificat6on attached to the petition to add this use
to the ordinance for additional information . J
Signature of applicant: '
73
AMMFNI)MENT To ZONING ORDINANCE
ATTACHMENT TO PETITION FOR
Paragraph 1640 . 03 of the St . Anthony Zoning Ordinance provides
a list of uses which are permitted in a Light Industrial
District with the granting ,. of a Conditional Use Permit . This
petition requests that the packaging -of wax along with. other
components into candle products be added to this list . The
purpose of this request is to allow Essenco LLC (trade
name :Homeessence ) to establish their business in a property
that our company owns at 2801 37th Avenue N .E . This property
is presently fully occupied by Industrial Custom Products
( ICP ) , ICP has been in the building since 1995 . ICP has
modified their business plan and has downsized its operations
and accordingly , they require less space . We have negotiated
a lease with Essenco LLC through which will lease
approximately 23000 square feet of the property leaving ICP
with approximately 50000 square feet . A drawing of the
division of space is attached.
Essenco primarily packages wax and other components into
decorator candles for home use . They have been in this
business since 1995 . An example of their product is attached. .
Their manufacturing process involves melting the wax with a
hot water heat source and transferring the wax in glass
containers . There is no residual or waste wax to be disposed .
All of the incoming wax is shipped out in final product form.
The tenant will bring approximately 25 employees to the site ,
which roughly replaces the employee reduction experienced by
ICP through downsizing. There will be no increase in traffic
to the area beyond that created by ICP when they were to full
capacity . We plan to provide a minimal front entry presence
on 37th Avenue NE by installing a full view glass door in place
of an existing service door and providing a small surfaced
parking area toward the west end of the building at an
existing curb cut . This concept has been reviewed and approved
by Jay Hartman . Their signage plan includes only a
directional sign on the west end of the building and a stencil
sign on the new door .
It is clear that this process is a very clean light industrial
operation , that certainly fits the spirit of the zoning
ordinance but not the words . Your approval of this petition
is requested to allow us to concurrently apply for a
Conditional Use Permit to bring this strong business to St .
Anthony . For your information the St . Paul Zoning Ordinance
for Light Industrial does include wax as a manufacturing raw
attached.
• * __ »- �r?J ai ii:ivrTiat Lon _L is LW&Ortan, t-o note that
we have been attempting to lease some of this space since May,
and this is the first viable tenant we have obtained. We are
dealing in a very difficult economy and a very difficult
Leasing market . . Assuming that we can bring this business to
St . Anthony,' as requested, ICP . will execute a new 5 . 5 year
lease which will assure that this property remains a viable
1 f the : 1 ' 7 1 1..1 L... L r C
part- V1 �.1V1GJ \.VlllallGl�i10.1 1GQl es-'Cat-
JI.Q VC A/QJ� 1Vl J 111V1G
years .
Also, the City has $125000 in TIF funds invested in this
property for the purpose of improving, the commercial economic
base of the City, and to bring employment opportunities to the
City . ICP has lost about half of its jobs to down-sizing .
Essenco would replace these employees .
Please contact me at 612-781-3381 or kes7890mediaone.net with
questions or for any additional information you may require
for your consideration of the request .
•
•
75
CITY OF ST. ANTHONY
• NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing
on Tuesday, December 18, 2001, at 7:00 p.m., or as soon thereafter as possible,
in the Council Chambers of the City Hall, 3301 Silver Lake Road, for the
following purpose:
Petitioner: Village North, LLP
Subject Property: 2801 37`h Avenue Northeast
Request: Permitted conditional use for packaging of wax and other
components into candle products.
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the
Assistant City Manager at 612-789-8881. Auxiliary aids are available upon
request with at least 96 hours advanced notice. Please call the City Clerk at
® 612-789-8881 to make arrangements.
Susan Henry
Assistant City Manager
Publish: St. Anthony Bulletin
December 5, 2001
•
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78
MEMORANDUM
DATE: 12/11/01 MEETING DATE: 12/18/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manageakf---
SUBJECT: Massage Therapy Ordinance
Requested Action:
December 18 is the public hearing for the new ordinance requiring a business license
for therapeutic massage parlors. Action should also be taken to amend Zoning
Ordinance 3.1635.02(eee).
Background:
A couple of months ago, arrests were made at one massage operation for prostitution.
Under the present City Ordinance, therapeutic massage is not a defined term and the
City does not require a license, making it very difficult to stop the operation of a
massage operation where prostitution may be occurring. By requiring massage
operations to obtain a business license and providing certain clearly delineated
standards for operation, the City may more effectively regulate these activities and
ensure that only legitimate massage parlors are located in the City.
provides for a detailed application to be filed for the license b
The ordinance p PP Y the
applicant, an investigation of the applicant by the Police Department, and standards for
the Manager to deny the issuance of a license. In addition, the ordinance speaks to
investigation and approval/denial of application, including the suspension or revocation
of the license and specifically provides that any conviction for prostitution or any other
crime or violation involving moral turpitude results in a revocation of the license.
Once the City Council adopts the ordinance, it goes into effect immediately and existing
businesses will have 120 days to comply with the new ordinance. The license fee is
$250, while the investigation fee deposit is $500. The number of licenses allowed for
this type of business is five, under this ordinance. The capital investment amount noted.
in the ordinance is a minimum of $5,000.
Chris Smith of Dorsey and Whitney will be in attendance on December 18 to answer
legal-related questions.
Attachment:
• Massage Therapy Ordinance
79
CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Planning Commission will hold a public hearing
on Tuesday, December 18, 2001, at 7:00 p.m., or as soon thereafter as possible,
in the Council Chambers of the City Hall, 3301 Silver Lake Road, for the
following purpose:
Petitioner: City of St. Anthony
Request: Require business license for therapeutic massage parlors.
Amend Zoning Ordinance Section 3.1635.02 (eee).
Anyone wishing to be heard with reference to the above matter will be heard at
said time and place. Questions regarding this matter may be referred to the
Assistant City Manager at 612-789-8881. Auxiliary aids are available upon
request with at least 96 hours advanced notice. Please call the City Clerk at
612-789-8881 to make arrangements.
Susan Henry
Assistant City Manager
Publish: St. Anthony Bulletin
December 12, 2001
80
• CITY OF ST. ANTHONY
ORDINANCE 2002 -001
AN ORDINANCE RELATING TO PHYSICAL CULTURE AND
HEALTH SERVICES AND CLUBS; ADDING
SECTION 575 TO THE ST. ANTHONY CITY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. The St. Anthony City Code is hereby amended by adding Section 575 as follows:
Section 575 —PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS
575.01 Definitions. Unless the context otherwise clearly indicates,the following terms shall have the
stated meanings:
Massage. The rubbing,pressing, stroking, kneading,tapping, rolling,pounding,vibrating, or
stimulating the superficial parts of the human body with the hands or any instrument by a person
who is not duly licensed by the State to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry.
"Physical Culture and Health Services," "Physical Culture and Health Club,"
"Reducing Club," "Reducing Salon," "Massage Parlor." Any building, room, structure,
place, or establishment used by the public other than a hospital, sanitarium,rest home, nursing
home, boarding home or other institution for the hospitalization or care of human beings,duly
licensed under the provisions of M.S. 144.50 through 144.703, inclusive,where non-medical
and non-surgical manipulative exercises or massages are practiced upon the human body for a
fee or other valuable consideration by anyone not duly licensed by the State to practice
medicine, surgery, osteopathy, chiropractic,physical therapy or podiatry, with or without the
use of mechanical,therapeutic, or bathing devices.
575.02 Business License Required.
Subd. 1 Limiting_Business Licenses. It is found and determined that the type of business
activity subject to being licensed under this Section is particularly subject to abuse which may
take a number of forms contrary to the morals,health, safety and general welfare of the
community. Further, it is found that control of these abuses requires intensive efforts of the
Police Department as well as other departments of the City. These efforts exceed those
required to control and regulate other business activities licensed by the City. This
concentrated use of City services tends to detract from and reduce the level of service available
to the rest of the community and thereby diminishes the ability of the City to promote the
general health, welfare, morals and safety of the community. Therefore, the number of business
licenses which may be in force under this Section at any one time shall not exceed 7.
Subd. 2 Requiring License and Defining Businesses Operating within City. No person,
partnership,corporation, or other organization shall operate a physical culture and health
service or club,reducing club or salon, or massage parlor within the City, either exclusively or
• in connection with any other operation or enterprise, unless such business is currently licensed
under this Section.
�1
• Subd. 3 Certain Businesses Exempt.
A. The preceding provisions of this Section notwithstanding,no business license shall
be required for a business establishment that offers massage as an accessory use if it
meets all of the following criteria as evidenced by affidavits and other documents
submitted to and in form and substance reasonably acceptable to the Clerk:
1. The principal activity of the business shall not be a massage parlor;
2. The annual gross revenue of the business from performing massage is less
than 25% of the total annual gross revenue of the business as shown by financial
statements or an affidavit signed by the authorized Officer of the business. In
lieu of delivery of the aforementioned affidavit, at the direction of the City, the
business shall be required to deliver, a certification from a certified public
accountant, acceptable to the Manager,that the annual gross revenue from
massage services, for the preceding twelve months, is less than 25%of its total
annual gross revenue for such period of time.
3. The room or rooms where massage is performed shall not have an exclusive
entrance from or exit to the exterior of the building in which the principal
business is located or to a public concourse or public lobby. Notwithstanding
the foregoing,massage may be performed by an individual at the residence of
the person receiving the massage.
4. All fees or other consideration derived from performing massage shall be
received by and accounted for by the proprietor of the principal business.
® 5. All individuals performing massage in connection with the business shall be
employees of the principal business or shall be independent contractors or
agents who perform massage pursuant to a written agreement with the owner of
the principal business.
B. Any business that requests an exemption from the business license requirement shall
submit the required affidavits and documents on an annual basis. The exemption
request shall be due on or before the fifteenth day of March of each year.
575.03 License Application and Procedures. Every application for a license under this Section shall
be made on a form supplied by the Clerk and shall be filed with the Clerk. The provisions of
Subsection 500.02 of this Code shall apply to all licenses required by this Section and to the holders of
such licenses. In addition to the information required by Subsection 500.02 of this Code,the
application for a license under this Section shall contain the following information. Failure to complete
or supply such information may cause a license to be denied.
A. Whether the applicant is a natural person, a partnership, a corporation,or other
form of organization.
B. If the applicant is a natural person:
1. The true name, place and date of birth, current address and telephone
number of the applicant.
• 2. Whether the applicant has ever used or has been known by a name other
than the applicant's true name; and if so, such name or names and information
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® concerning dates and places where used.
3. A specific statement as to the type and nature of the business to be licensed.
4. The name of the business, if it is to be conducted under a name other than
the full individual name of the applicant, in which case a certified copy of the
certification required by M.S. Chapter 333, shall be attached to the application.
5. The addresses at which the applicant has lived during the previous five
years, including a statement of how long the applicant has been continuously a
resident of the State during the period as of and immediately preceding the date
of application.
6. The kind, name and location of every business or occupation in which the
applicant has been engaged during the preceding five years.
7. The names and addresses of the applicant's employer(s) and partner(s), if
any,who were such at any time during the preceding five years.
8. Whether the applicant has ever been convicted of any felony, crime,or
violation of any provisions of this Code or State Law other than traffic
violations and, if so, information as to the time,place and offense for which
convictions were had.
C. If the applicant is a partnership:
• 1. The names and addresses of all partners and all information concerning each
partner as is required of an applicant under paragraph B. of this Subsection.
2. The names(s) of the managing partner(s), and the interest of each partner in
the business.
3. A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to trade name
under the provisions of M.S. Chapter 333, a certified copy of such certification
shall also be attached.
D. If the applicant is a corporation or other organization.
1. The name of the applicant, and if incorporated,the state of incorporation.
2. A true Certificate of Good Standing, dated as of a current date, and true
copies of the Articles of Incorporation or Association Agreement and Bylaws
shall be attached to the application. If a foreign corporation,a Certificate of
Authority issued pursuant to M.S. Chapter 303, shall also be attached.
3. The name of the person(s)who is to manage the business and all information
concerning the person(s) as is required of an applicant under paragraph B. of
this Subsection.
4. The names of all officers, directors and persons who control or own an
• interest in excess of 5% in such corporation or organization and all information
concerning the persons as is required of an applicant under paragraph B. of this
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Subsection.
• E. The location of the business premises.
F. Whether the applicant is licensed in other communities or has had a license revoked,
or has been denied a license,to conduct any of the activities required to be licensed
hereunder; and if so, when and where the applicant is or was so licensed,has had a
license revoked or has been denied a license.
G. The names, residences and business addresses of three residents of Hennepin
County or Ramsey County, not related to the applicant or financially interested in the
business to be licensed, who may be referred to by the City for information as to the
applicant's character. If the applicant is a partnership, three such names shall be
supplied for each partner, and if the applicant is a corporation or other organization,
three such names shall be supplied for each officer of the applicant and each manager of
the business.
H. The amount of capital investment to be made by the applicant in the premises
described in the application to operate the business to be licensed. Capital investment
shall mean the amount of money that the applicant actually invests to acquire, refurbish,
repair, remodel, or furnish the premises, including moneys invested to comply with
Subsection 575.14.
I. A financial statement, certified as being true and correct by an independent
accountant, showing the gross income of the business to be licensed for the last three
fiscal years of such business, or shorter period of time that the applicant may have been
in the business to be licensed, itemized as to each activity of the business including,
without limitation,the gross income from performing massage.
575.04 Execution of Application. All applications for any license under this Section shall be signed by
the applicant in accordance with Subd. 2 of subsection 500.02 of the Code. Any falsification of
information on any license application shall result in the denial of the license applied for, and shall
constitute adequate grounds for the suspension or revocation of any license issued to the applicant.
575.05 License and Investigation Fees.
Subd. 1 License Fee. Each application for a license or renewal license shall be accompanied
by payment in full of the required license fee. The fee for a business license shall be as set forth
in Subsection 615.06 of this Code. Upon rejection of any application for a license,the Clerk
shall refund the amount paid.
Subd. 2 Investigation Fee. At the time of each original application for a business license, the
applicant shall deposit an investigation fee as set forth in Subsection 615.06 of this Code. The
cost of the investigation will be based on the expense involved. All deposit monies not
expended on the investigation will be refunded to the applicant.
575.06 Investigation. All applications shall be referred by the Clerk to the Police Department and to
such other City departments for investigation of the applicant's character and verification of the facts set
forth in the application. Within 60 days after the application date, the Police Chief and any other
consultants shall submit a written recommendation to the Manager as to issuance or non-issuance of the
license, setting forth the facts upon which the recommendation is based.
® 575.07 Annroval or Denial of Application. Within 120 days after the application date, the Manager
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shall either approve or deny the application and shall notify the Clerk in writing of the decision. If the
application is approved, the Clerk shall issue the license. If the application is denied,the Clerk shall
furnish written notice of the denial to the applicant, together with the reason or reasons for denial. A
license may also be denied for any of the following reasons:
Subd. 1 Under Lea
1 Age. If an individual applicant is under the age of 18.
Subd. 2 Convictions. If the applicant, or any officers, managers,directors, shareholders or
owners, if a corporation or association, or any partners, if a partnership, has been convicted of
a felony, or has been convicted of any illegal conduct involving moral turpitude, dishonesty,
fraud, deceit or misrepresentation.
Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any principal officers,
managers, directors, shareholders or owners, if a corporation or association, or any partners, if
a partnership, has been convicted of any crime or crimes directly relating to the occupation of
massage and escort services, as provided in M.S. 364.03, Subd. 2, and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties of the
occupation of massage services, as provided in M.S. 364.03, Subd. 3.
Subd. 4 Prior Denial of License. If the applicant, or any principal officers, managers,
directors, shareholders or owners, if a corporation or association,or any partners, if a
partnership, has within one year prior to the date of application been denied a license under this
Section, or any similar ordinance of any municipality within the State,or within the period has
had revoked any license issued under this Section,or any similar ordinance of any municipality
within the State.
® Subd. 5 Zoning_Restriction. If the business to be licensed is not permitted by Chapter 16 of
this Code upon the premises described in the application.
Subd. 6 Failure to Meet Construction Requirements. If the premises described in the
application for a business license fail to comply with the requirements of Subsection 575.14.
Subd. 7 Capital Investment Less than $5,000. If the applicant's planned capital investment in
the premises described in the application to operate the business to be licensed is less than
$5,000.
575.08 Renewal Application. Not less than 30 nor more than 60 days before the expiration of any
license issued pursuant to this Section, any license holder desiring to renew the license shall submit a
written application to the Clerk on forms provided by the City together with payment in full of the
license fee as required for the original license. The renewal application shall be forwarded to the
Manager who shall, within'30 days after the renewal application date, either approve or deny the
application and shall notify the Clerk in writing of the decision. The Clerk shall then issue the license or,
in case of denial, notify the applicant in writing of the denial setting forth the reason or reasons therefor.
575.09 Anneal to Council. Any applicant may appeal the denial of a license or a license renewal by
filing a written notice of appeal to the Council in the Clerk's office within 10 days after the denial. The
Council shall hear the appeal within 60 days after the notice is filed, and opportunity shall be given to
any person to be heard in favor of or opposing the issuance or renewal of the license. The Council may
order and conduct such additional investigation as it deems necessary. Any licensee is authorized to
continue to operate until final action by the Council upon licensee's renewal application, unless
prohibited by Council resolution made after the denial.
• 575.10 License Not Transferable: Duration. Each license shall be issued to the applicant only and
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shall not be transferable to another holder. Any change in the persons named as partners on the
• application, as required by paragraph C.1 of Subsection 575.03 and any change in the persons who
are named in the application as required by paragraph DA of Subsection 575.03 shall be deemed a
transfer for purposes of this Section. If the licensee is a limited partnership, a change in the limited
partners of less than 25%cumulatively over the license period shall not be deemed a transfer. The
change in or addition of a vice-president, secretary, or treasurer of a corporate licensee shall not be
deemed a transfer. All licenses issued pursuant to this Section shall be effective for the period provided
in Section 500.07.
575.11 Suspension or Revocation of License. The Council may suspend for any period not exceeding
60 days, or revoke, any license issued pursuant to this Section upon finding a violation of any provision
of this Section or upon violation of any other provision of this Code or State Law or regulation affecting
the activities covered by this Section. Any conviction for prostitution or any other crime or violation
involving moral turpitude shall result in the revocation of any license issued under this Section. Except in
the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall
be preceded by written notice to the licensee of a hearing. The notice may be served upon the licensee
personally or by mailing it to the business or residence address set forth in the application or on file with
the Clerk. The notice shall give at least ten days notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The Council may,without notice, suspend any
license pending a hearing on revocation for a period not exceeding 30 days.
575.12 Hours of Operation. No business licensed under this Section shall be open for business, nor
shall any persons or customers be permitted on the premises, between the hours of 10:00 P.M. and
7:00 A.M.
575.13 Restrictions and Regulations.
Subd. 1 Notice of Change in Management. The individual designated by a partnership or a
corporation in its business license application to be manager and in responsible charge of the
business shall remain responsible for the conduct of the business until another suitable person
has been designated in writing by the license holder. The license holder shall promptly give the
Police Department written notice of any such change indicating the name and address of the
new manager and the effective date of the change.
Subd. 2 Clothini Requirements. Employees of businesses licensed under this section shall be
and shall remain fully clothed while performing massage.
Subd. 3 Location of Services. No person shall perform a massage for a fee or other
consideration at any place other than(i)a physical culture and health service,physical culture or
health club,reducing salon, or massage parlor that has been duly licensed pursuant to Subd. 2
of Subsection 575.02, (ii)a business which is exempt from a business license pursuant to Subd.
3 of Subsection 575.02, or(iii)the residence of the person receiving the massage.
Subd. 4 No Services Allowed by Sexually Oriented Businesses. No person shall perform a
massage for a fee or other consideration in connection with a sexually oriented business as
defined by Subd. 87 of Subsection 1605 of this Code.
575.14 Construction Requirements. No business license shall be issued under this Section unless the
premises used for the operation shall comply with the following requirements:
Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or hot air as a
• cleaning, relaxing or reducing agent, and all restrooms, changing rooms and bathrooms used in
connection with such rooms, shall be constructed with materials impervious to moisture,
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86
bacteria,mold and fungus growth. Floor-to-wall and wall-to-wall joints shall be constructed so
as to provide a sanitary cove with a minimum radius of 3/8 inch.
Subd. 2 Public Restroom Requirements. All public restrooms shall be provided with
mechanical ventilation with 2 cfin(cubic feet per minute) per square foot area, a minimum of 15
foot candles of illumination, a hand washing sink equipped with hot and cold running water
under pressure, sanitary towels with dispensers and soap with dispensers.
Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a janitor's closet for
the storage of cleaning supplies with a mop sink, mechanical ventilation with 2 cfin per square
foot area and a minimum of 15 footcandles of illumination.
Subd. 4 Lockers. Individual lockers shall be provided for use by customers and shall have
separate keys for locking.
575.15 Maintenance: Sanitary Conditions, Communicable Disease.
Subd. 1 Clean and Sanitary Business. All businesses licensed under this Section at all times
shall be kept in a clean and sanitary condition.
Subd. 2 Clean and Sanitary Instruments. All instruments and mechanical,therapeutic, and
bathing devices or parts that come into contact with the human body at all times shall be kept
clean and sanitary.
Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron shall be
furnished for use by another until thoroughly laundered.
Subd. 4 Hand Washing. All individuals who practice massage shall wash their hands before
each massage.
Subd. 5 Communicable Disease. No person suffering from a communicable disease shall
work or be employed in a licensed business. No person suffering from a communicable disease
to the knowledge of the owner, custodian, or employees of a licensed business shall be
accommodated as a patron.
575.16 Inspection. Each business required to be licensed shall at all times be held open for inspection
by duly authorized representatives of the City.
575.17 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do not
give, or hold themselves out to give, massages, other than are customarily given in such shops and
salons for the purpose of facial beautification only shall not be subject to the provisions of this Section.
•
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87
• Section 2. Subsection 615.06 of the St. Anthony City Code shall be amended to add the following
fee for licenses issued under Section 575 of the St. Anthony City Code:
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Physical Culture and Health $250 license
Service or Club,Reducing Club fee.and$500
or Salon,Sauna Parlor,Massage investigation
Parlor fee deposit
One Year No 575
Section 3. Clause (eee) of Subsection 1635.02 of the St. Anthony City Code shall be amended to
read as follows:
(eee) Physicians, dentists and healthcare professionals, including optometrists,
chiropractors, chiropodists and osteopaths,therapists, and physical culture and health
service or club, reducing club or salon or massage parlor, as defined in Subsection
575.01.
Section 4. This ordinance shall become effective as of the date of its publication. [insert provision
providing period of time for existing therapeutic massage parlors then operating in City to comply with
license requirements]
First Reading: January 8, 2002
Second Reading:
• Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
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88
WSB
assvcinres,lnc. January 3, 2002
Honorable Mayor, City Council and Staff
c/o Michael Morrison
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Flood Improvement Project Funding Update
WSB Project No. 1065-15
Dear Honorable Mayor, City Council and Staff:
The purpose of this letter is to provide you an update on the status of funding for storm water
improvement projects within the City of St. Anthony. This letter provides a summary of the
balance in the storm water utility fund, a discussion of the funds currently encumbered by the
City under existing contracts, anticipated funding for 2002 storm water improvement projects,
and anticipated expenditures to complete 2002 storm water improvements.
I. Storm Water Fund Balance
- Project Balance $91,125.15
- Storm Water Fees Non-Designated $183,178.70
- MDNR Disbursement(12/01) $1,014,129.03
• Total Cash on Hand $1,288,432.88
H. Encumbered Funds
Below is a list of projects which are currently under contract within the City of St.Anthony. The anticipated costs to
complete these projects are:
A. 1999 Street Reconstruction Project $12,000.00
B. 2000 Street Reconstruction Project * $261,000.00
C. 2001 Street Reconstruction $500,000.00
D. 2002 Street Reconstruction $70,000.00
E. Harding Street Ponding Improvements $240,000.00
F. Pahl Avenue Pond Construction $4,500.00
G. 2001 Flood Reduction Grant Program $8,000.00
Total Funds Encumbered ($1,095,500.00)
Total Cash on Hand for 2002 Projects $192,932.00
III.Anticipated Revenues for 2002 Projects
A. 2002 Street Reconstruction Bond $1,500,000.00
B. Minnesota Dept of Natural Resources Flood Hazard Mitigation Grant ** $700,000.00
Total 2002 Revenue $2,200,000.00
Funds Available for 2002 Flood Improvement Projects $2,392,932.00
IV.Proposed 2002 Projects
4150 Olson A. Silver Point Park Building $290,000.00
Memorial Highway B. 2002 Street Reconstruction $2,300,000.00
C. Silver Lane Storm Water Feasibility Report $20,000.00
Suite 300
Anticipated Total Cost for Projects in 2002 ($2,610,000.00)
nneapolis
Anticipated Shortfall for 2002 Projects ($217,068.00)
4innesota
55422
763.541.4800
763541.1700 FAX Minneapolis • St. Cloud • Equal Opportunity Employer
89
As indicated in the above summary, there are two items that have been highlighted for
• discussion. These items are the anticipated costs to complete the 2000 Street Reconstruction
(29`h Avenue) and the anticipated revenue from the Minnesota Department of Natural Resources
in 2002. The asterisks indicate that the cost to complete the 2000 Street Reconstruction may
increase over the $261,000 indicated. This project is currently in litigation over extra costs
incurred by the contractor in working around or with Qwest and Minnegasco utilities. The
dollar amount indicated includes some settlement, engineering,.and legal fees associated with
resolving this issue. The exact dollar amount will not be known until later this year. This dollar
amount could significantly increase or decrease, depending on the settlements between the City
and the contractor, the City and utility companies, and the contractor and utility companies.
Two years ago, the City of St. Anthony anticipated a need of$700,000 from the Minnesota
Department of Natural Resources Flood Hazard Mitigation Grant Program to complete flood
improvements. We anticipate the need to increase this request by an additional$1.1 million to
offset additional costs associated with land acquisition, construction costs, and utilities
litigation. The current$1.9 billion shortfall anticipated in the State of Minnesota budget may
impact the City's ability to secure all of these funds in 2002.
We are currently in the process of preparing a grant request to the Minnesota Department of
Natural Resources for$1.8 million. This is the amount that is anticipated to be necessary to
complete the St. Anthony Flood Hazard Mitigation Grant projects. It is anticipated that a
meeting with the DNR will occur during the third week of January 2002.
If you have any questions, I will be present at your January 8, 2002 Council Meeting to answer
them, or please call me at (763) 287-7182.
Sincerely,
WSB & Associates,Inc.
Todd E. Hubmer, P.E.
Associate
nm/lm .
•
F:\WPWIN\1065-15\010202 hmc.doc
90
CITY OF ST. ANTHONY
RESOLUTION 02-012
A RESOLUTION CALLING A HEARING ON
2002 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:
2002 Street and Utility Improvements Project
This project consists of street reconstruction and replacement of water main, sanitary
sewer and storm sewer lines on the following streets:
1. Wilson Street, between 30'h Avenue NE to 32"d Avenue NE
2. Harding Street, between 30'h Avenue NE to 31 s'Avenue NE
3. 3151 Avenue NE, between Wilson Street and Silver Lake Road
4. 32"d Avenue NE,between Edward Street and Belden Drive
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
41.9 at an estimated total cost of the improvements of$2,400,000.00.
2. A public hearing shall be held on such proposed improvements on the 12'day
of February, 2002, in the Council Chambers of the City Hall at 7:00 P.M. 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 day of
Mayor
ATTEST:
City.Clerk
Reviewed for administration:
City Manager
91
• CITY OF ST. ANTHONY
RESOLUTION 02-013
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,between 30'
Avenue NE and 32nd Avenue NE, (2)Harding Street, between 30°i Avenue NE and
315`Avenue NE, (3) 315`Avenue NE, between Wilson Street and Silver Lake Road,
and (4) 32nd Avenue NE, between Edward Street and Belden Drive, and the bid price
for such improvement is $1,929814.52, and the total cost of the improvement will be
approximately $2,400,000.00.
NOW,THEREFORE,BE IT RESOLVED, by the City Council of St. Anthony, Minnesota:
(1) The portion of the cost of such improvement to be paid by the City is hereby declared to
be $1,700,000 and the portion of the cost to be assessed against benefited property
owners is declared to be $310,000.00.
(2) 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 2003,
and shall bear interest at the rate of 2 per cent above the City's borrowing rate at the
time the bonds are issued.
® (3) 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.
(4) The City Clerk shall upon the completion of such proposed assessment, notify the
Council thereof.
Adopted this day of 92002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
•
92
CITY OF ST. ANTHONY
RESOLUTION 02-014
A RESOLUTION CALLING A HEARING ON PROPOSED
ASSESSMENT FOR 2002 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:
2002 Street and Utility Improvements Project
1. Wilson Street,between 30'h Avenue NE and 32"d Avenue NE
2. Harding Street,between 30'Avenue NE and 315`Avenue NE
3. 31"Avenue NE,between Wilson Street and Silver Lake Road
4. 32"d Avenue NE, between Edward Street and Belden Drive
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony:
1. A hearing shall be held on the 12'day of February, 2002, 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 iri 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 14th 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
•
93
Resolution 02-014
• Page 2
must be made before November 14th or interest will be charged through
December 31 st of the succeeding year.
Adopted this day of , 2002.
Mayor
ATTEST:
City Clerk
Reviewed for Administration:
City Manager
•
94
• em ®
R�7s4d Papn
1 w`
To: Connie Kroeplin, St. Anthony City Clerk
From: Thomas May, Hennepin County Assessor
.Date: December 7, 2001
Re: 2002 Local Board of Appeal and Equalization Dates
Tuesday April 9,2002
Day of the Week Date
Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Appeal and
Equalization Meeting. After.reviewing previous meeting days and your suggestions of;last year, the above
• date was selected. I sincerely hope that it is agreeable with your council.
As there must be a quorum, I would suggest that an informal review of your members with a request that
they mark their calendars would be appropriate.
Please confirm the date set out or call Bill Effertz at 348-3388 with your alternative date by January 18, so
that our printing order can be completed on time. We suggest starting times of 6:30, 7:00 or 7:30 p.m., but
will discuss it with you if you wish a different time.
Your early completion and return of the attached tear off strip will be appreciated and we will send your
official notice for posting as required by law.
Please return to JoDee Schinkel,A-2103 Government Center,Minneapolis,MN 55487
-------------------------------------------------------------------------------------------------------------------------------------
CONFIRMATION
Municipality:
Date:
Time:
Place:
For selecting meeting dates in future years, the following information will be helpful
January 3, 2002
• � � to
ill C.% FUTURE COUNCIL AGENDA ITEMS
Meeting Date Meeting Type Staff Present Items/Issues
January 22 Regular Planning Commission items
Ord.,requires business licenses for therapeutic
massage businesses(2"d reading)
Survey presentation
Res.,Authorize mutual aid
January 24/25 Goal setting
January 29 Special Joint meeting with School
• February 5 Special Interview prospective developers for Apache area
February 12 Regular Public hearing on 2002 street improvements(3
resolutions)
Ord.,requires business licenses for therapeutic
massage businesses(31 reading)
Prosser Review developers for Apache
•
INVESTMENT PORTFOLIO: 11130/2001
• Interest Date
FIRSTAR ST ANTHONY BANK BaW Purchased Mater Book Value
INVESTMENT DEMAND-MONEY MARKET SAVINGS 3.00°/6 1 DAY LIQUIDITY(SWEEP) $118,830.06
4/M GENERAL
$427,000 STELLER GROUP COMMERCIAL PAPER 2.444% 09/26/01 12/03/01 $425,064.27
$575,000' DELEWARE GROUP COMMERCIAL PAPER 2.30% 10/18/01 12/20/01 $572,725.88
$1,400,000 FHLMC MEDIUM NOTE-ZERO COUPON 7.00% 08/09/01 08/27/31 $134,373.51
$1,132,163.66
41M ARMY-WATER FILTRATION
$100,000 FED HOME LOAN MORTGAGE-STEP UP 6.000/o 02103/99 02/24/14 $100,000.00
$200,000 FED HOME LOAN MORTGAGE-STEP UP 6.005/o 03/03/99 03103/14 $200,000.00
$100,000 FED HOME LOAN MORTGAGE-STEP UP 6.46% 05112/99 01/08/08 $100,000.00
$200,000 FED HOME LOAN MORTGAGE-COUPON 6.00% 11/01/01 11/28116 $200,000.00
$800,000 FED HOME LOAN BANK-ZERO COUPON 7.00% 01/12199 01/28/19 $202,057.98
$500,000 FED HOME LOAN BANK-ZERO COUPON 6.20% 01/12/99 01/28/19 $126,286.24
$500,000 FED HOME LOAN BANK-ZERO COUPON 8.121/o 09/09/99 07/14/17 $48,312.00
$500,000 FMNA MEDIUM NOTE-ZERO COUPON 7.00% 06/12!99 03/23118 $146,062.50
$1,225,000 FED HOME LONE BANK-ZERO COUPON 7.001/o 09/24/01 10/18/21 $309,401.28
$1,250,000 FED HOME LONE BANK-ZERO COUPON 7.000/6 11/07/01 02/22/29 $191,662.50
$495,000 TRAINER WORTHHAM COMM PAPER PARKS 2.40% 09/26/01 12120/01 $492,253.44
$300,000 DELEWARE GROUP COMM PAPER PARKS 2.30% 10/18/01 12/20101 $298,813.50
$2,414,849.44
® DAIN RAUSCHER-GENERAL
$52,000 FICO STRIPPED COUPON 9.37% 6/22190 12/06/01 $19,891.31
GNMA POOL 4734 8.50% 02101!75 01/15/05 $237.89
GNMA POOL 6472 7.50% 07/01!75 07/15105 $995.51
GNMA POOL 14376 7.50% 03/01/77 03/15/07 $2,130.89
GNMA POOL 23364 9.00% 09/01!78 09/15108 $1,222.77
GNMA POOL 23356 9.00% 11/01/78 11/15/08 $2,253.37
$498,000 AMERICAN EXPRESS COMMERCIAL PAPER 2.48% 09/26101 12127/01 $494,910.93
$452,000 GEN ELECTRIC COMMERCIAL PAPER 2.187% 10/24/01 01/15102 $449,768.50
$446,000 GEN ELECTRIC COMMERCIAL PAPER 2.180% 10/24/01 02/15/02 $442,987.81
$1,414,398.98
DAIN RAUSCHER-HONEYWELL
$125,000 FHLBC-ZERO COUPON BOND 8.041% 11/16/99 07/14/17 $31,076.25
$100,000 FHLMC-ZERO COUPON BOND 8.00% 12/15/99 03/08/29 $10,105.00
$130,000 FNMA-ZERO COUPON BOND 8.30% 06/01/00 0802/18 $29,555.30
$341,000 GEN ELECTRIC COMMMERCIAL PAPER PARKS 2.1649/6 10/24/01 01/15/02 $339,334.78
$200,000 FED HOME LOAN MORTGAGE-STEP UP 6.00% 03/03/99 03103/14 $200,000.00
$200,000 FED HOME LOAN MORTGAGE-STEP UP 6.009/6 07/15199 02/24/14 $193,700.00
$803,771.33
JOHN G.KINNARD
$43,000.00 FICO FED STRIP SERIES 1 7.479% 11/09194 05/11/02 $24,781.96
$500,000.00 FED HOME LOAN BANK CALLABLE 6.00% 10/29/98 08/20/18 $128,730.00
$1,200,000.00 FED HOME LOAN BANK CALLABLE 6.00% 10/21/98 09/10/18 $307,538.40
$550,000.00 FNMA-MEDIUM TERM NOTE 7.950% 11/24/99 06/22/18 $129,228.00
$680,000.00 FEDERAL HOME LOAN MORTGAGE 7.10% 06115/01 04105/19 $97,722.56
• $535,000.00 FEDERAL HOME LOAN MORTGAGE 7.4939/6 07/09/01 02/02/23 $109,514.50
$220,000.00 FEDERAL HOME LOAN BANK 7.011% 07/19/01 08/20/18 $67,782.00
Time12/17/2001 MONTHLY INVESTMENT REPORT NOVEMBER 20011NVESTI
JOHN G.KINNARD (C!mtinueo
• $44,000.00 CONSECO BANK-GD 6.65% 11/01/00 05101/02 $44,000.00
$250,000.00 FHLMC MED TERM NOTE-CALLABLE 6.31% 02/26101 03/26/18 $248,923.61
$200,000.00 FEDERAL HOME LOAN BANK 6.00% 11/14101 11/14/16 $200,000.00
$200,000.00 FHLMC MED TERM NOTE-SEMI 6.00°/6 11/19/01 11/19/21 $197,000.00
$138,000.00 GE COMMERCIAL PAPER PARKS 2.328% 10/24101 12/06/01 m $137,622.53
$1,692,843.56
DEAN WITTER
$632,000 GEN ELECTRIC COMMERCIAL PAPER- TAX ABATEMENT 2.3309/6 10/01/01 12/31/01 $628,277.70
JURAN&MOODY
$200,000 FNMA-9334 P/O 7.24°/6 04/20/93 03/25/23 $29,475.00
$200,000 GSIF FRMAC SER 11 66.69/6 7.001/6 04/20/93 04120/08 $60,798.34
$100,000 FRMAC SER 11 MPRG 33.3 7.000/6 01/25/94 01/25/09 $34,973.06
$50,000 FHLMC MCB SER 1629MB . 7.00% 02107/94 01/15123 $42,034.07
$200,000-FNMA MEDIUM TERM NOTE 6.00% 6.00% 04/25/01 02/04/09 $250,000.00
$225,000-FHLMC MEDIUM TERM NOTE 6.00% 6.00% 08/21/01 09/13/10 $225,000.00
$500,000-FHLB MEDIUM TERM NOTE 6.11% 6.11% 09/26/01 09/26/11 $504,091.30
$250,000•FHLMC MEDIUM SERIES 3B/E 6.00% 6.00% 10/25/01 10/15/16 $250,000.00
$100,000-FEDERAL HOME LOAN BANK 6.00% 6.00% 11/14/01 12/07/16 $100,000.00
$200,000-FHLMC MEDIUM TERM NOTE 6.00% 6.000/o 11/16/01 11/29/21 $198,574.00
$300,000-FNMA MEDIUM TERM ZERO COUPON 7.20% 05/23/01 05!07/18 $99,562.70
$350,000-AMERICAN EXPRESS COMM PAPER 2334% 09128/01 12/17/01 $348,223.85
$300,000-AMERICAN EXPRESS COMM PAPER 2.0409/6 10117/01 12/17/01 $298.985.60
$2,441,717.92
• TOTAL BOOK VALUE --_$10.646,85265
Time12/17/2001 MONTHLY INVESTMENT REPORT NOVEMBER 20011NVESTI
NOVEMBER 2001 City.of St.Anthony
Profit& Loss Statement from Operations
Actual Actual
Year to Date Year to Date Increase
SAV I SAV II STONEHOUSE 11/30/01 11/30/00 (Decrease)
Sales $177,470.00 $199,045.00 $65,323.00 $4,381,151.00 $4,213,504.00 $167,647.00
Less: Cost of Goods Sold $141,109.00 $159,800.00 $20,111.00 $3,144,783.00 $3,043,811.00 $100,972.00
Gross Profit $36,361.00 $39,245.00 $45,212.00 $1,236,368.00 $1,169,693.00 $66,675.00
Ratio to Net Sales 20.49% 19.72% 69.21% 28.22% 27.76%
Operating Expense:
Salaries,Wages, Benefits $14,971.00 $14,457.00 $24,043.00 $573,763.00 $531,653.00 $42,110.00
All Other Expenses $11,231.00 $15,825.00 $14,913.00 $474,928.00 $496,834.00 ($21,906.00)
Total Operating Expense $26,202.00 $30,282.00 $38,956.00 $1,048,691.00 $1,028,487.00 $20,204.00
Ratio to Net Sales 14.76% 15.21% 59.64% 23.94% 24.41%
Profit from Operations $10,159.00 $8,963.00 $6,256.00 $187,677.00 $141,206.00 $46,471.00
Other Income $848.00 $2,339.00 $6,404.00 $55,262.00 $48,655.00 $6,607.00
Net Income $11,007.00 $11,302.00 $12,660.00 $242,939.00 $189,861.00 $53,078.00
Ratio to Net Sales 6.20% 6.68% 19.38% 5.55% 4.51%
November-Net Income $34,969.00
Y-T-D
SAV I SAV II STONEHOUSE ALL STORES
YEAR TO DATE 11/30/01 $92,436.00 $93,632.00 $56,871.00 $242,939.00
YEAR TO DATE 11/30/00 $80,600.00 $81,720.00 $27,541.00 $189,861.00 (Audited)
INCREASE/DECREASE $11,836.00 $11,912.00 $29,330.00 $53,078.00
City of St.Anthony
Reconciliation to Inventory Valuation Report
SAVI SAV II
Beginning Inventory: $239,939.84 Beginning Inventory: $277,278.08
Plus or Minus: Plus or Minus:
Transfers: SAV 1 $301.41 Transfers ($301.41)
Stonehouse ($5,796.49) Adjustments ($62.54)
Adjustments ($66.29) Returns to Vendors ($7,467.84)
Returns to Vendors ($6,077.97)
Add: Receiving $156,650.25
Add: Receiving $144,173.45
Less: Cost of Goods Sold ($159,737.88)
Less: Cost of Goods Sold ($141,042.56)
TOTAL $266,358.66
TOTAL $231,431.39
Total per Valuation Report $267,111.34
Total per Valuation Report $230,703.16
Difference $752.68
Difference ($728.23)
Beginning December 2001 Inventory $230,703.16 Beginning December 2001 Inventory $267,111.34
"`Comes from Valuation Report "`Comes from Valuation Report
2000 Actual Profits (Audited) 2001 Y-T-D Profits
Actual Y-T-D
SAV I SAV II Stonehouse SAV I SAV II Stonehouse Profits Comparison
January $2,469.00 $2,043.00 $4,496.00 $9,008.00 January $4,972.00 $5,329.00 ($1,851.00) $8,450.00 ($558.00)
February $411.00 $4,119.00 ($4,306.00) $9,232.00 February $7,218.00 $6,065.00 $9,410.00 $31,143.00 $21,911.00
March $7,815.00 $9,720.00 $9,039.00 $35,806.00 March $9,510.00 $7,064.00 $7,510.00 $55,227.00 $19,421.00
April $13,057.00 $10,593.00 $6,060.00 $65,516.00 April $5,631.00 $4,295.00 $10,712.00 $75,865.00 $10,349.00
May $9,857.00 $11,127.00 ($600.00) $85,900.00 May $5,705.00 $6,957.00 $1,372.00 $89,899.00 $3,999.00
June $12,282.00 $11,484.00 $141.00 $109,807.00 June $16,325.00 $14,485.00 $2,734.00 $123,443.00 $13,636.00
July $8,419.00 $8,395.00 ($259.00) $126,362.00 July $9,392.00 $12,077.00 $3,712.00 $148,624.00 $22,262.00
August $802.00 $4,610.00 $5,301.00 $137,075.00 August $3,986.00 $8,106.00 $3,261.00 $163,977.00 $26,90200
September $12,633.00 $6,169.00 $2,295.00 $158,172.00 September $12,586.00 $10,394.00 $4,417.00 $191,374.00 $33,20200
October $5,686.00 $3,068.00 ($898.00) $166,028.00 October $6,104.00 $7,558.00 $2,934.00 $207,970.00 $41,942.00
November $7,169.00 $10,392.00 $6,272.00 $189,861.00 November $11,007.00 $11,302.00 $12,660.00 $242,939.00 $53,078.00
December $9,592.00 $14.327.00 $4,042.00 $217,822.00 December $0.00 $0.00 $0.00 $242,939.00 $0.00
Total $90,192.00 $96,047.00 $31,583.00 $217,822.00 Total $92,436.00 $93,632.00 $56,871.00 $242,939.00
Increase/(Decrease) $11,836.00 $11,912.00 $29,330.00 $53,078.00
Y-T-D By Store
CITY OF ST. ANTHONY
• HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
January 8, 2002
Call to Order.
Roll Call.
1. Approval of January 8, 2002 H.R.A. Agenda.
11. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which event the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
1. Approve December 11, 2001 H.R.A. Minutes. Action requested. (p. 1)
2. Claims. Action requested. (p. 2)
3. Resolutions (these are annual °housekeeping" resolutions). Action requested.
1. 001 - Designate H.R.A. Chair. (p. 3)
2. 002 - Designate H.R.A. Vice Chair. (p. 4)
3. 003 - Designate H.R.A. Secretary/Treasurer. (p. 5)
4. 004 - Designate H.R.A. Commissioners. (p. 6)
111. General Policy Business of the H.R.A.
1. H.R.A. Resolution 02-006, re: Amend Tax Increment Finance Fund. Action
requested. (pp. 7 - 15)
2. H.R.A. Resolution 02-005, re: Approve purchase of 4004 Silver Lake Road. Action
requested. (p. 16 - 24)
IV. Staff Reports.
V. H.R.A. Commissioner Comments.
VI. Information and Announcements.
• IX. Adjournment.
1
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY MEETING
December 11, 2001
I. CALL TO ORDER.
Chair Hodson called the meeting.to order at 7:40 p.m.
II. ROLL CALL.
Commissioners present: Chair Hodson, Commissioners Sparks, Thuesen, Horst, and
Faust.
Commissioners absent: None.
Also present: Executive Director Michael Mornson.
III. APPROVAL OF DECEMBER 11, 2001 H.R.A. AGENDA.
Motion by Commissioner Sparks to approve the December 11, 2001 Housing and
Redevelopment Authority Agenda as presented.
Motion carried unanimously.
IV. CONSENT AGENDA.
Motion by Commissioner Faust to approve the Consent Agenda, which consisted of:
A. H.R.A. Meeting Minutes of November 13,2001; and
20 Claims, and
• 3. H.R.A. Resolution 01-008, re: Designate a Chair for the H.R.A.: and
4. H.R.A. Resolution 01-009,re: Desianate a Commissioner for the H.R.A.
Motion carried unanimously.
V. GENERAL POLICY BUSINESS OF THE H.R.A.
None.
VI. STAFF REPORTS.
None.
VII. H.R.A. COMMISSIONER COMMENTS.
None.
VIII. INFORMATION AND ANNOUNCEMENTS.
None.
IX. ADJOURNMENT.
Motion by Commissioner Thuesen to adjourn the meeting at 7:41 p.m.
Motion carried unanimously.
• Respectfully submitted,
Courtney Seesz,
Timesaver Off Site Secretarial, Inc.
2
Following are the verified claims for the January 8,2002 (HRA)
1. Dahlgren, Shardlow &Uban.....................................$1,490.12
Apache Master Plan
2. Ehlers & Associates, Inc...........................................$3,545.00
S/W Quadrant Study
3. Ehlers & Associates, Inc...........................................$5,100.00
N/W Quadrant Study
4. Ehlers &Associates, Inc..............................................$825.00
Community Survey/Autumn Woods Meetings
5. Postmaster....................................................................$474.20
N/W Quadrant Newsletter
6. Told Development Company................................$200,000.00
• Walgreen's/Payment to Developer
7. US Bank................................................................$145,095.00
Apache Tax IncrementBond Payment
8. WSB &Associates.........................................................$46.50
Walgreen's Plan Review
•
3
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 02-001
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 2002.
P Y
Chair
Reviewed for Administration:
Executive Director
•
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 02-002
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 , 2002.
Chair
Reviewed for Administration:
Executive Director
5
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 02-003
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 2002.
P Y
Chair
Reviewed for Administration:
Executive Director
•
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 02-004
A RESOLUTION DESIGNATING COMMISSIONERS FOR THE
ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY
BE IT RESOLVED,that
_are designated as Commissioners of the City of St. Anthony Housing and Redevelopment Authority.
•
Adopted this day of 2002.
P Y
Chair
Reviewed for Administration:
Executive Director
7
• 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 2002 Amendment to Master
Modification to Redevelopment Plans and Tax Increment
Financing Plan for Chandler Place Tax Increment District
(Ramsey County No. 58) and Requesting the Approval of
the City Council
4. I further certify hat the affirmative vote on said resolution was ayes,
Y
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
, 2002.
Michael Mornson, Executive Director
CITY OF ST. ANTHONY
H.R.A. RESOLUTION 02-006 8
RESOLUTION APPROVING 2002 AMENDMENT TO
MASTER MODIFICATION TO REDEVELOPMENT PLANS
AND TAX INCREMENT FINANCING PLAN FOR
CHANDLER PLACE TAX INCREMENT DISTRICT(RAMSEY
COUNTY NO. 58) AND REQUESTING THE APPROVAL OF
THE CITY COUNCIL
BE IT RESOLVED, by the Board of Commissioners (the"Board") of the Housing and
Redevelopment Authority of St. Anthony, Minnesota(the"HRA"), as follows:
1. Proposed Amendment. The HRA has approved a redevelopment plan, as defined in
Minnesota Statutes, Section 469.002, subdivision 16, designated as Kenzie Terrace
Redevelopment Plan, Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan,
Redevelopment Plan for Redevelopment Project No. 2 and Redevelopment Plan for
Redevelopment Project No. 3, together with certain amendments thereto (the"Redevelopment
Plans"), and redevelopment projects to be undertaken pursuant thereto, as defined in Minnesota
Statutes, Section 469.002, subdivision 14 (the "Redevelopment Projects"), and that in order to
finance the public redevelopment costs to be incurred by the HRA in connection with certain of
the Redevelopment Plans and the Redevelopment Projects, the HRA has approved tax increment
financing plans,pursuant to the provisions of Minnesota Statutes, Section 469.175 (the
"Financing Plans"), which two establish tax increment financing districts, as defined in
Minnesota Statutes, Section 469.174, subdivision 9, which are designated by the HRA as
• follows: Kenzie Terrace Tax Increment District (Hennepin County No. 1950) and Chandler
Place Tax Increment District (Ramsey County No. 58) (the"Districts"). The HRA has approved
an amendment to the Redevelopment Plans and the Financing Plans which is entitled "Master
Modification to the Redevelopment Plans and the Tax Increment Financing Plans" (the"Original
Master Modification") which combines the areas subject to the Redevelopment Plans and to
expand the area subject to the Redevelopment Plans and to authorize the expenditure of tax
increment revenue derived from the Districts to pay public redevelopment costs in the additional
area subject to the Redevelopment Plans and on November 13, 1996 the Board of
Commissioners of the HRA and the City approved amendments to the Original Master
Modification designated as"1996 Amendments to the Master Modification to Redevelopment
Plans and Tax Increment Financing Plans (the"1996 Amendment"), which included additional
property in the area subject to the Redevelopment Plans and amended the Financing Plans to
authorize additional expenditure of tax increment revenue derived from either of the Districts.
The Original Master Modification, as amended by the 1996 Amendments is herein called the
"Master Modification". On January 23, 2001 the Board of Commissioners of the.HRA and the
City approved an additional amendment to the Tax Increment Financing Plan for Chandler Place
Tax Increment District (Ramsey County No. 58) (the "Chandler District") designated as "2001
Amendment to Tax Increment Financing Plan for Chandler Place Tax Increment District
(Ramsey County No. 58)"to identify property which the HRA intends to acquire with tax
increment revenues derived from the Chandler District. It has been proposed that the HRA
approve an additional amendment to the Master Modification and the Tax Increment Financing
•
• Plan for the Chandler District which is entitled "2002 Amendments to Master Modification and
Tax Increment Financing Plan for Chandler Place Tax Increment Financing District"(the "2002
Amendment") to include additional property in the area subject to the Redevelopment Plans and
to amend the Financing Plan for the Chandler District to identify additional property which the
HRA intends to acquire with tax increment revenues derived from the Chandler District and to
authorize additional expenditure of tax increment revenue derived from the Chandler District.
2. Approval of 2002 Amendment. The 2002 Amendment has been presented to this
Board and is ordered placed on file in the office of the Executive Director of the HRA, and the
2001 Amendment.is hereby approved. The 2002 Amendment further serves the original goals
and purposes of the City and HRA in approving the Redevelopment Plans, the Redevelopment
Projects and the Financing Plan for the Chandler District, by redeveloping property in the City in
order to prevent or reduce blight, blighting factors and the causes of blight and by providing
public facilities which will be of benefit to all residents of the City.
3. Presentation to City Council. The 2002 Amendment hereby approved shall be
presented to the City Council for a public hearing thereon pursuant to Minnesota Statutes,
Section 469.029, subdivision 6 and Section 469.175, subdivision 4.
Dated the 8th day of January, 2002.
Chairperson
Attest:
Secretary
-2-
•
Il®
0
2002 AMENDMENTS TO
MASTER MODIFICATION TO
REDEVELOPMENT PLANS AND
TAX INCREMENT FINANCING PLAN
FOR CHANDLER PLACE TAX INCREMENT FINANCING DISTRICT
(RAMSEY COUNTY NO. 58)
HOUSING AND REDEVELOPMENT AUTHORITY OF
ST. ANTHONY, MINNESOTA
MASTER MODIFICATION APPROVED JUNE 27, 1995
AMENDMENTS APPROVED NOVEMBER 12, 1996
AND JANUARY 23, 2001
O
11
• I. INTRODUCTION
The Commissioners of the Housing and Redevelopment Authority of St. Anthony,
Minnesota(the "HRA") and the City of St. Anthony, Minnesota (the"City"), have previously
approved five Redevelopment Plans designated as Kenzie Terrace Redevelopment Plan,
Chandler Place Redevelopment Plan, Highway Eight Redevelopment Plan, Redevelopment Plan
for Redevelopment Project No. 2 (Ramsey County) and Redevelopment Plan for Redevelopment
Project No. 3 (Ramsey County), together with certain amendments thereto (as so amended, the
"Redevelopment Plans"), and have approved redevelopment projects (the "Redevelopment
Projects") to be undertaken pursuant thereto, and in order to finance the public redevelopment
costs to be incurred by the City and the HRA in connection with certain of the Redevelopment
Plans and the Redevelopment Projects, the HRA and the City have approved tax increment
financing plans (the "Financing Plans") which establish two tax increment financing districts
designated by the HRA as follows: Kenzie Terrace Tax Increment District (Hennepin County
No. 1950) and Chandler Place Tax Increment District (Ramsey County No. 58) (the "Districts").
In order to authorize the City and HRA to undertake certain activities designed to remove,
prevent and reduce blight, blighting factors and the causes of blight in the City and provide
facilities intended to serve all residents of the City, that the HRA on June 27, 1995 approved
amendments to the Redevelopment Plans, the Redevelopment Projects and the Financing Plans
designated as the Master Modification to the Redevelopment Plans and Tax Increment Financing
Plans (the "Original Master Modification") which combined the areas subject to the
Redevelopment Plans and included additional property in the area subject to the Redevelopment
Plans and authorized tax increment revenue derived from other of the Districts to be utilized in
any area subject to the Redevelopment Plans. On November 12, 1996 the HRA approved
amendments to the Original Master Modification designated as the "1996 Amendments to the
Master Modification to Redevelopment Plans and Tax Increment Financing Plans" (the"1996
Amendment"), which included additional property in the area subject to the Redevelopment
Plans and amended the Financing Plans to authorize additional expenditure of tax increment
revenue derived from either of the Districts, and on January 23, 2001 the HRA approved the
"2001 Amendment to the Tax Increment Financing Plan for Chandler Place Tax Increment
District (Ramsey County No. 58)" (the "2001 Amendment"), which amended the Tax Increment
Financing Plan for the Chandler Place Tax Increment District (Ramsey County No. 58) (the
"Chandler District") to identify property which the HRA intends to acquire with tax increment
revenues derived from the Chandler District. The Original Master Modification, as amended by
the 1996 Amendments and the 2001 Amendment is herein called the "Master Modification'.
The HRA has identified certain property in the City not presently included in any
of the areas subject to the Redevelopment Plan for the Chandler District which the HRA believes
either presently contains blight or blighting factors or which because of age, obsolescence,
market conditions and other factors is suspectable to blighting conditions. Such property is
identified on Exhibit A hereto (the "Additional Property").
By this 2002 Amendment to the Master Modification the Commissioners of the
HRA amend the Redevelopment Plans to include the Additional Property in the area subject to
the Redevelopment Plans and amend the Financing Plans to authorize the additional expenditure
of tax increment revenues derived from Chandler District. The authorization on the expenditure
• of tax increment revenue from the Chandler District is subject to any limitations on such
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• expenditures with respect to the Chandler District contained in the Minnesota Tax Increment
Financing Act (Minnesota Statutes, Section 469.174 to 469.179). This 2002 Amendment to the
Master Modification does not include the Additional Property in any of the Districts. This 2002
Amendment to the Master Modification is approved by the Commissioners of the HRA and the
City pursuant to Minnesota Statutes, Chapter 469.029, subdivision 6, and Minnesota Statutes,
Section 469.175, subdivision 4.
II. STATEMENT OF NEED AND OBJECTIVES
The inclusion of the Additional Property in the Redevelopment Plans will aid in
the redevelopment of the Additional Property in a manner beneficial to the residents of the City
and consistent with the objectives of the HRA as stated in Redevelopment Plans and which will
meet the needs specified in Redevelopment Plans.
III. ADDITIONAL EXPENDITURE OF TAX INCREMENT
Additional expenditures of tax increment from the Chandler District authorized by
this 2002 Amendment to the Master Modification of the Redevelopment Plans and Tax
Increment Financing Plan for Chandler Place Tax Increment Financing District (Ramsey County
No. 58) include costs associated with acquisition and rehabilitation and other public
redevelopment costs associated with redevelopment activities related to the areas subject to the
Redevelopment Plans. At this time the HRA has identified the following additional properties
which may be acquired by the HRA, if the HRA hereafter determines that such acquisition is
• economical and desirable in connection with the redevelopment of such property:
Propert y Address
Hardee's Restaurant 4004 Silver Lake Road
Exhaust Pro 4000 Silver Lake Road
Dick's Phillips 66 Gas Station 2700 Kenzee Terrace
In addition, in connection with any redevelopment of the property the HRA may
become a limited partner in the owner of the property if it deems it desirable.
•
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The additional new expenditures of tax increment for the Chandler District
• authorized hereby with respect to the development or redevelopment of certain property subject
to the Redevelopment Plans are as follows:
Property/Activity Expenditure
New to Plan Purchase and removal of Hardee's property at
4004 Silver Lake Road to prepare for
redevelopment $360,000
New to Plan Purchase and removal of Exhaust Pro property
at 4000 Silver Lake Road to prepare for
redevelopment $500,000
New to Plan Purchase and removal of Dick's Phillips 66 gas
station property at 2700 Kenzee Terrace to
prepare for redevelopment $500,000
In existing Additional authorized expenditures with respect
Plan to the Apache Plaza redevelopment to pay for
consultants fees and other redevelopment
activities $200,000
TOTAL $1,560,000
The use of tax increment derived from the Chandler District to pay the costs
described above is hereby authorized. Such costs are in addition to any costs previously
authorized by the Financing Plan for the Chandler District to be paid from the increment from
• the Chandler District. Such costs may be paid directly from tax increment derived from the
Chandler District, or may be paid indirectly from tax increment derived from the Chandler
District, by the payment of debt service on a loan or loans made by the City to the HRA or by the
HRA to finance such cost. Any such loan made by the City or HRA will be repaid,with interest,
from the tax increment derived from the Chandler District. Other than the loan or loans from the
City or the HRA, it is not expected that any obligations will be issued by the City or HRA to
finance such costs.
IV. FISCAL AND ECONOMIC IMPLICATIONS OF ADDITIONAL EXPENDITURES
It is estimated fiscal and economic implications of the additional expenditures of
tax increment revenue derived from the Chandler District authorized by this Master Modification
will be as follows:
The local governmental units other than the City which are authorized by law to
levy ad valorem property taxes in the area where the Districts are located are Independent School
District No. 282, Ramsey County, the HRA, and various metropolitan area authorities, including
the Metropolitan Council, the Metropolitan Transit Commission, the Metropolitan Airports
Commission and the Metropolitan Mosquito Control District (the local government units).
After the establishment and during the continuation of the Chandler District, as a
result of the Redevelopment Projects and the implementation of the Redevelopment Plans and
• the improvements in the Chandler District there has been an increase in the tax capacity of the
taxable property in the Districts. If the tax increments derived from the Chandler District are not
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applied to pay the additional expenditures described herein, certain of the Districts would
terminate earlier than would otherwise be the case assuming ad valorem taxes are paid with
respect to the taxable property in the Districts in the anticipated amounts. Upon such termination
such increased tax capacity would be available for taxation by the local governmental units.
However, as a result of the Master Modification and this 2002 Amendment thereto such increase
in tax capacity will not be available for taxation by the local governmental units until a later date
with respect to certain of the Chandler District.
Offsetting such later termination of the Chandler District will be an increase in tax
capacity to certain property which is not located in a tax increment financing district as a result
of redevelopment of such property. Such increase in tax capacity will be available for taxation
by the City and the local governmental units.
V. DETERMINATIONS IN ORIGINAL FINANCING PLAN
The determinations made in the Tax Increment Financing Plan for the Chandler
District with respect to designation of the Chandler District as a housing district, the impact of
the establishment of the Chandler District and the implementation of the Redevelopment Plans
and undertaking of the.Redevelopment Projects and the captured tax capacity of the,Chandler
District upon the redevelopment thereof are not affected by this 2002 Amendment and such
determinations remain in full force and effect following the adoption of this Master
Modification.
• VI. ADDITIONAL AMENDMENTS TO PLAN
The City and the HRA reserve the right to further alter the Master Modification
and to further amend or modify the Redevelopment Plans and the Tax Increment Financing Plan
for the Chandler District by their joint action, subject to the provisions of state law regulating
such action.
VII. ORIGINAL PLAN
The Redevelopment Plans and the Tax Increment Financing Plan for the Chandler
District, except to the extent provisions thereof are explicitly amended or supplemented by the
Master Modification and this 2002 Amendment thereto shall remain in and be in full force and
effect.
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EXHIBIT A
ADDITIONAL PROPERTY TO BE INCLUDED U ED IN THE AREA
SUBJECT TO REDEVELOPMENT PLANS
Hardee's Restaurant property at 4004 Silver Lake Road
Exhaust Pro Property at 4000 Silver Lake Road
Dick's Phillips 66 Property at 2700 Kenzee Terrace
A-1
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CITY OF ST. ANTHONY
H.R.A. RESOLUTION 02-005
A RESOLUTION APPROVING THE PURCHASE OF
PROPERTY KNOWN AS 4004 SILVER LAKE ROAD
WHEREAS, on January 8, 2002,the St. Anthony City Council and Housing and Redevelopment
Authority approved the redevelopment and tax increment financing amendment for
property located within the Northwest Quadrant redevelopment site.
NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Housing and Redevelopment
Authority hereby approves the purchase of property known as 4004 Silver Lake Road for the purchase
• price of$319,000 and to enter into.a purchase agreement for said property.
Adopted this day of , 2002.
Chair
Reviewed by Administration:
Executive Director
•
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PURCHASE AGREEMENT
THIS AGREEMENT is made as of ,2001, between JRE FOODS, L.L.C.,
a North Dakota limited liability company ("Seller") and the HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic ("Buyer").
In consideration of the mutual covenants set forth in this Agreement, Seller and Buyer agree as
follows:
1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller,
the following property(collectively, "Property"):
The real property located at 4004 Silver Lake Road, Hennepin
County, St. Anthony, Minnesota, legally described on the attached
Exhibit A("Land") together with(1) all buildings and improvements
constructed or located on the Land("Buildings")and(2) all easements
and rights benefitting or appurtenant to the Land.
2. Purchase Price and Manner of Payment. The total purchase price ("Purchase
Price")to be paid for the Property shall be Three Hundred Nineteen Thousand and no/100 dollars
($319,000.00). The Purchase Price shall include any and all payments which Seller or any other
occupant of the Property may be entitled to for relocation and immovable fixtures. The Purchase Price
as determined shall be payable by Buyer to Seller on or before the Closing Date, as defined herein.
3. Contingencies. The obligations of Buyer under this Agreement are contingent upon
each of the following:
�. 3.1 Representations and Warranties. The representations and warranties of Seller
contained in this Agreement must be true now and on the Closing Date as if made on the
Closing Date.
3.2 Title. Title shall have been found acceptable, or been made acceptable, in
accordance with the requirements and terms of Section 6 below.
r
3.3 Access and Inspection. Seller shall have allowed Buyer, and Buyer's agents,
access to the Property, upon reasonable notice from the Buyer and/or Buyer's agents,without
charge and at all reasonable times for the purpose of Buyer's investigation and testing the same,
including,but not limited to, environmental, asbestos and structural matters. Seller shall make
available to Buyer and Buyer's agents without charge all environmental reports,plans and
specifications, records, inventories, permits and correspondence in Seller's possession relating
to Hazardous Substances affecting the Property; and the right to interview employees of Seller
who may have knowledge of such matters. Buyer shall pay all costs and expenses of such
investigation and testing, shall certify all such tests and reports in Buyer's and Seller's names,
shall restore the Property,and shall hold Seller and the Property harmless from all costs and
liabilities relating to Buyer's activities. Buyer shall have been satisfied with the results of all tests
and investigations performed by it or on its behalf on or before the Contingency Date.
The"Contingency Date"shall be February 1,2002. If any contingency referred to above has not been
satisfied on or before the Contingency Date or Closing Date, as the case may be,then this Agreement
may be terminated by notice from Buyer to Seller, which notice shall be given not more than five days
after the Contingency Date or Closing Date as the case may be. Upon termination, neither party will
have any further rights or obligations regarding this Agreement or the Property. All the contingencies
• are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency
by written notice to Seller.
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4. Closing. The closing of the purchase and sale contemplated by this Agreement(the
"Closing") shall occur on February 5,2002 (the"Closing Date"). The Closing shall take place at 9:00
a.m. local time at the offices of Buyer's counsel,Dorsey& Whitney LLP. Seller agrees to deliver
possession of the Property to Buyer on the Closing Date.
4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and
deliver to Buyer the following(collectively,"Seller's Closing Documents"), all in form and
content reasonably satisfactory to Buyer:
4.1.1 Deed. A Warranty Deed conveying the Property to Buyer, free and
clear of all encumbrances, except the Permitted Encumbrances hereafter defined.
4.1.2 Original Documents. Original copies of the plans and specifications for
the Property in Seller's possession.
4.1.3 FIRPTA Affidavit. A non-foreign affidavit,properly executed,
containing such information as is required by Internal Revenue Code Section
1445(b)(2) and its regulations.
4.1.4 IRS Forms. A Designation Agreement designating the"reporting
person" for purposes of completing Internal Revenue Form 1099 and, if applicable,
Internal Revenue Form 8594.
4.1.5 Well Certificate. A Certificate signed by Seller warranting that there
are no"Wells"on the Property within the meaning of Minn. Stat. § 103I or if there are
"Wells", a Well Certificate in the form required by law.
• 4.1.6 Storage Tanks. If the Property contains or contained a storage tank,
an affidavit with respect thereto, as required by Minn. Stat. § 116.48.
4.1.7 Other Documents. All other documents reasonably determined by
Buyer or Title to be necessary to transfer the Property to Buyer free and clear of all
encumbrances.
4.1.8 ACM Materials. Copies of all records required to be kept concerning
the presence, location and quantity of asbestos containing materials and presumed
asbestos containing materials in the Property.
4.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and
deliver to Seller the following(collectively,"Buyer's Closing Documents"):
4.2.1 Purchase Price. Funds representing the Purchase Price;by wire.
transfer.
4.2.2 Title Documents. Any documents required by the title company for
issuance of the owner's Title Policy, as hereinafter described.
5. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs
regarding this Agreement:
5.1 Title Insurance and Closing Fee. Seller will pay all costs for any escrow
required regarding Buyer's Objections. Buyer will pay for the costs of the Title Evidence and
• the premium for the owner's Title Policy. Buyer will pay any closing fee or charge imposed by
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• any closing agent or by the title company.
5.2 . Deed Tax. Seller shall pay all State Deed Tax payable in connection with this
transaction.
5.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the
year in which Closing occurs shall be pro-rated based upon a calendar year based upon the
Closing Date. Seller shall pay all Special Assessments as of the Closing Date.
5.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except
that a party defaulting under this Agreement or any Closing Document will pay the reasonable
attorney's fees and court costs incurred by the nondefaulting party to enforce its rights
hereunder.
5.5 Mortgage Tax. Buyer shall pay any mortgage taxes payable in connection with
this transaction.
6. Title Examination. Title Examination will be conducted as follows:
6.1 Seller's Title Evidence. Seller shall, within twenty(20) days after the date of
this Agreement, furnish the following(collectively, "Title Evidence")to Buyer: (a)any available
Abstract of Title to the Property certified to a current date to include all appropriate judgment
and bankruptcy searches, and seller shall pay for the cost of updating any such Abstract of
Title; (b)a copy of any existing survey in Seller's possession; (c) all documents necessary so
that Buyer may conduct, at Buyer's expense,UCC searches against Seller by name and the
Property; and (d) a certified report of all liens for unpaid sales or withholding taxes on file
• against Seller(or against any trade name or business name used by Seller)which ate on file in
the office of the Minnesota Secretary of State or any applicable County Recorder. Buyer shall
order, at its cost, a commitment("Title Commitment") for an ALTA Form B 1997 Owner's
Policy of Title Insurance insuring title to the Property and an updated survey.
6.2 Buyer's Objections. Within ten(10)business days after receiving the last of the
Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents
of the Title Evidence. Buyer's failure to make Objections within such time period will constitute
waiver of the Objections. Those matters shown on such Title Evidence and not objected to by
Buyer shall be a"Permitted Encumbrance"hereunder. Seller will have sixty(60)days after
receipt of the Objections to cure the Objections, during which period the Closing will be
postponed, if necessary. Seller shall use its best efforts to correct any Objections. To the
extent an Objection can be satisfied by the payment of money, Buyer shall have the right to
apply a portion of the cash payable to Seller at the Closing to the satisfaction of such Objection,
and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If
the Objections are not cured within such sixty(60)day period, Buyer will have the option to do
any of the following:
6.2.1 Terminate this Agreement.
6.2.2 Withhold from the Purchase Price an amount which, in the reasonable
judgment of Title, is sufficient to assure cure of the Objections. Any amount so
withheld will be placed in escrow with Title, pending such cure. If Seller does not cure
such Objections within ninety(90)days after such escrow is established, Buyer may
then cure such Objections and charge the costs against the escrowed amount. The
parties agree to execute and deliver such documents as may be reasonably required by
• Title, and Seller agrees to pay the charges of Title to create and administer the escrow.
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6.2.3 Waive the objections and proceed to close.
• 7. Operation Prior to Closing. During the period from the date of Seller's acceptance
of this Agreement to the Closing Date (the"Executory Period"), Seller shall operate and maintain the
Property in the ordinary course of business in accordance with prudent,reasonable business standards,
including the maintenance of adequate liability insurance and insurance against.loss by fire,windstorm
and other hazards, casualties and contingencies,-including vandalism and malicious mischief. Seller shall
execute no contracts, leases or other.agreements regarding the Property during the Executory Period
that are not terminable on or before the Closing Date,without the prior written consent of Buyer, which
consent may be withheld by Buyer at its sole discretion.
8. Representations and Warranties b Steer. Seller represents and warrants to
Buyer as follows:
8.1 Existence; Authority. Seller is duly organized, qualified and in good standing,
and has the requisite power and authority to enter into and perform this Agreement and Seller's
Closing Documents; such documents have been duly authorized by all necessary action; such
documents are valid and binding obligations of Seller, and are enforceable in accordance with
their terms.
8.2 Operations. Seller has received no notice of actual or threatened cancellation
or suspension of any utility services or certificate of occupancy for any portion of the Property.
Seller has received no notice of actual or threatened special assessments or reassessments of
the Property. The Property is, and to Seller's best knowledge has been, used in compliance
with all governmental permits. All necessary permits have been obtained and are in full force
and effect and no default exists thereunder.
• 8.3 Environmental Laws.No toxic or hazardous substances or wastes,pollutants or
contaminants(including, without limitation, asbestos, urea formaldehyde,the group of organic
compounds known as polychlorinated biphenyls,petroleum products including gasoline, fuel oil,
crude oil and various constituents of such products, and any hazardous substance as defined in
any Environmental Law(collectively, "Hazardous Substances") have been generated, treated,
stored,transferred from, released or disposed of, or otherwise placed, deposited in or located
on the Property in violation of any Environmental Law, nor has any activity been undertaken on
the Property that would cause or contribute to the Property becoming a treatment, storage or
disposal facility within the meaning of any Environmental Law. The term"Environmental Law"
shall mean any and all federal, state and local laws, statutes, codes, ordinances,regulations,
rules,policies, consent decrees,judicial orders,administrative orders or other requirements
relating to the environment or to human health or safety associated with the environment,all as
amended or modified from time to time. There has been no discharge,release or threatened
release of Hazardous Substances from the Property, and there are no Hazardous Substances
or conditions in or on the Property that may support a claim or cause of action under any
Environmental Law. The Property is not now, and to the best of Seller's knowledge never has
been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill,
dump, disposal or storage site for Hazardous Substances. Seller has maintained all records
required to be kept concerning the presence, location and quantity of asbestos containing
materials, and presumed asbestos containing materials, in the Property and will deliver the same
to Buyer on or before closing.
8.4 Seller's Defaults. Seller is not in default concerning any of its obligations or
liabilities regarding the Property.
• 8.5 FIRPTA. Seller is not a"foreign person", "foreign partnership", "foreign trust"
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or"foreign estate", as those terms are defined in Section 1445 of the Internal Revenue Code.
• 8.6 Proceedings. There is no action, litigation, investigation, condemnation or
proceeding of any kind pending or threatened against Seller or any portion of the Property.
8.7 Condition. The buildings, structures and improvements included within the
Property are structurally sound and in good repair and in first-class condition, and all
mechanical, electrical, heating, air conditioning, drainage, sewer,water and plumbing systems
are in proper working order.
8.8 Wells. The Seller certifies and warrants that the Seller does not know of any
"Wells"on the described Property within the meaning of Minn. Stat. § 103I. This
representation is intended to satisfy the requirements of that statute.
8.9 Storage Tanks. No above ground or underground tanks are located in or
about the Property, or have been located under, in or about the Property and have
subsequently been removed or filled. To the extent storage tanks exist on or under the
Property, such storage tanks have been duly registered with all appropriate regulatory and
governmental bodies, and otherwise are in compliance with applicable federal, state and local
statutes, regulations, ordinances and other regulatory requirements.
8.10 Reports. Seller has delivered to Buyer copies of all environmental reports and
studies relating to the Property which are in the possession of Seller.
8.11 Wetlands. There does not exist on or contiguous to the Property any portion of
a wetland, watercourse, waterbody, floodplain or shoreland district, or tidelands or coastal
• zone, which is regulated by the Army Corps of Engineers,the Minnesota Department of
Natural Resources or any other federal, state or local governmental-agency under any
Environmental Law.
8.12 Individual Sewage Treatment Systems. Solely for purposes of satisfying the
requirements of Minn. Stat. § 115.55 Sellers represents that there is no"individual sewage
treatment system" (within the meaning of that statute) on or serving the Property.
Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and
assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer
incurs because of the breach of any of the above representations and warranties,whether such breach
is discovered before or after Closing. Except as herein expressly stated,Buyer is purchasing the
Property based upon its own investigation and inquiry and is not relying on any representation of Seller
or other person and is agreeing to accept and purchase the Property"as is,where is" subject to the
conditions of examination herein set forth and the express warranties herein contained. Consummation
of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or
release by Buyer of any claims due to such breach.
9. Casualty; Condemnation. If all or any part of the Property is substantially damaged
by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and
Buyer shall have the right to terminate this Agreement by giving notice within thirty(30)days after
Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller
shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain
proceedings are threatened or commenced against all or any part of the Property, Seller shall
immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement by giving
notice within thirty (30) days after Seller's notice. If Buyer shall fail to give the notice,then the parties
• shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award
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• from such proceedings.
10. Assignment. Buyer may assign its rights under this Agreement before or after the
Closing..Any such assignment will not relieve such assigning party of its obligations under this
Agreement.
11. Survival. All of the terms of this Agreement and warranties and representations herein
contained shall survive and be enforceable after the Closing.
12. Notices. Any notice required or permitted hereunder shall be given by personal
delivery upon an authorized representative of a party hereto; or if mailed by United States registered or
certified mail, return receipt requested,postage prepaid; or if transmitted by facsimile copy followed by
mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to Seller: JRE Foods, L.L.C.
4009 Copperfield Court
Fargo,ND 58104
Fax#: 701-293-1230
If to Buyer: The Housing and Redevelopment Authority
of St. Anthony, Minnesota
3301 Silver Lake Road
St. Anthony,MN 55418
Attn: Michael Morrison
Fax#: (612) 781-9323
® With Copy to: Dorsey& Whitney LLP
Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402
Attn: Roseanne M. Hope
Fax#: (612) 340-2644
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit,as
aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by
the other party shall commence to run one business day after any such deposit. Any party may change
its address for the service of notice by giving notice of such change 10 days prior to the effective date
of such change.
13. Miscellaneous. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not apart of this Agreement, and are not to be considered in interpreting this
Agreement. This written Agreement constitutes the complete agreement between the parties and
supersedes any prior oral or written agreements between the parties regarding the Property. There are
no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective
unless in a writing executed by the parties. This Agreement binds and benefits the parties and their
successors and'assigns. This Agreement has been made under the laws of the State of Minnesota and
such laws will control its interpretation.
14. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to
terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15
• days of the date of such notice, this Agreement will terminate, time being of the essence of this
Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole
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remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or
• specific performance. If Seller defaults under this Agreement,this provision does not preclude Buyer
from seeking and recovering from Seller damages for nonperformance or specific performance of this
Agreement.
15. Contingency. This Agreement is contingent upon approval by the City Council of the
City of St. Anthony.
Seller and Buyer have executed this Agreement as of the date first written above.
SELLER:
JRE FOODS, L.L.C.
By:
Its:
BUYER:
HOUSING AND REDEVELOPMENT
AUTHORITY OF ST. ANTHONY, MINNESOTA
® 13y.
Its:
•
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EXHIBIT A
LEGAL DESCRIPTION
Lot 1, Block 1, Apache Plaza, Ramsey County, Minnesota.
A-1