HomeMy WebLinkAboutCC PACKET 06272004 Meeting Sheet
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Folder: CC PACKETS 2001-2004
Document: CC PACKET 06272004
City Council Regular Meeting Agenda
June 27, 2000
Page 2
PAGE(S)
B. Resolution 00-053, re: Right-of-way permit and
facility use agreement with Metricom, Inc. .................. 21 - 51
C. Ordinance 2000-004, re: Curfews (15t reading) ............ 52 - 56
D. Ordinance 2000-006, re: Amend ordinance relating to
Planned Unit Developments (3 d reading) ..................... 57 - 69
X. REPORTS FROM COMMISSIONS AND STAFF ............................. 70 - 157
A. Planning Commission - June 20, 2000 ....................... 70 - 85
1 . David & Paulette Sperry for 4004 Fordham Drive; lot
width and lot variance requests ........................ 86 - 99
2. AT&T Wireless for 2801 - 37" Avenue NE; conditional
use and variance request ............................. 100 - 110
3. Ordinance 2000-003, re: Amend ordinance relating to lot
coverage and building to land ratio (1 st reading) 1 1 1 - 117
4. Consider preliminary plan for the Apache Plaza site
submitted by Hillcrest Development .............. 1 18 - 143
B. Peter Willenbring of WSB & Associates, Inc. will present an
update on general engineering projects ................... 144 - 157
1 . Resolution 00-055, re: Harding Street Storm Water
Improvements (pp. 150 - 151).
2. Resolution 00-056, re: Order feasibility report on 2001
Street and Utility Improvements (p. 156).
C. City Manager.
XI. REPORTS FROM COUNCILMEMBERS.
XII. INFORMATION AND ANNOUNCEMENTS.
XIII. ADJOURNMENT.
MISCELLANEOUS INFORMATIONAL DOCUMENTS ATTACHED.
V. PROCLAMATIONS.
v National Night Out.
ain tho
Oi l
PROCLAMATION
WHEREAS, the National Association of Town Watch (NAM is sponsoring a unique,
nationwide crime and drug prevention program on August 1, 2000, called
"National Night Out", and
WHEREAS, the "17th Annual National Night Out"provides a unique opportunity for St.
Anthony to join forces with thousands of other communities across the country in
promoting cooperative, police-community crime and drug prevention efforts; and
WHEREAS, the City of St. Anthony plays a vital role in assisting the St. Anthony Police
Department through joint crime and drug prevention efforts in St. Anthony and
is supporting "National Night Out 2000" locally; and
WHEREAS, it is essential that all citizens of the City of St. Anthony be aware of the
importance of crime prevention programs and impact that their participation can
have on reducing crime and drug abuse in the City of St. Anthony; and
WHEREAS, police-community partnerships and neighborhood safety and awareness and
cooperation are important themes of the "National Night Out"program.
NOW, THEREFORE, we, the St. Anthony City Council, do hereby call upon all citizens of the
City of St. Anthony to join the St. Anthony Police Department and the National Association of
Town Watch in supporting "17th Annual National Night Out" on August 1, 2000.
FURTHER, LET IT BE RESOLVED, THAT WE, THE ST. ANTHONY CITY COUNCIL, do
hereby proclaim Tuesday, August 1, 2000 as "NATIONAL NIGHT.OUT" in the City of St.
Anthony.
Mayor
•4
Date
VII. CONSENT AGENDA.
City Council Meeting Minutes - June 13, 2000
Licenses/Permits
Claims
I CITY OF ST. ANTHONY
102 CITY COUNCIL REGULAR MEETING MINUTES
3 June 13, 2000
4 7:00 p.m.
5 Council Chambers
6 I. CALL TO ORDER.
7 Mayor Cavanaugh called the meeting to order at 7:00 p.m.
8 II. PLEDGE OF ALLEGIANCE.
9 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance.
10
11 III. ROLL CALL.
12 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst and
13 Hodson
14 Councilmembers absent: None
15 Also present: City Manager Michael Mornson; City Attorney William Soth.
16 IV. APPROVAL OF JUNE 13, 2000 CITY COUNCIL REGULAR MEETING AGENDA.
17 Motion by Sparks to approve the June 13, 2000 City Council Regular Meeting Agenda as
8 presented.
19 Motion carried unanimously.
20 V. PROCLAMATIONS AND RECOGNITIONS.
21 Mayor Cavanaugh announced that the City has a prepared a Proclamation in honor of Father
22 Francis Kittock. For the past 27 years, it has been the great fortune for St. Charles Borromeo to
23 have Reverend Francis Kittock as its pastor. During those 27 years, Father Kittock consistently
24 showed great leadership qualities and has encouraged members of the parish to be involved and
25 take leadership roles in community government. Additionally, Father Kittock had a belief in the
26 importance of joining many different religious denominations in prayer and service to the
27 community in a shared vision for St. Anthony. Father Kittock has consistently had the good of
28 the community at heart.
29 In that respect, Mayor Cavanaugh, as Mayor of the City of St. Anthony, and on behalf of the St.
30 Anthony City Council, presented the Proclamation to Pastor Francis Kittock, and expressed
31 sincere and heartfelt appreciation for his 27 years of exemplary actions for not only the religious
32 community but the civic community as well. By the Proclamation, Pastor Francis Kittock is
33 wished health, peace, and contentment upon his forthcoming retirement.
34 Father Francis Kittock expressed sincere appreciation for the presentation and thanked Mayor
35 Cavanaugh and the City Council.
06 VI. COMMUNITY FORUM.
37 Mayor Cavanaugh invited members of the audience to address the City Council on issues that are
38 not specifically listed on the agenda.
db
City Council Regular Meeting Minutes
June 13, 2000
Page 2
1 Mr. Frank Peterson, 2601 31 st Avenue, addressed the Council. He stated that his concern was
2 the speeding of traffic in his neighborhood and the safety of the many children in residence. Mr.
3 Peterson stated he has contacted the Police Department, but it has been difficult to catch the
4 people speeding. He has suggested the possibility of speed bumps that could be removed for
5 plowing in the winter.
6 Cavanaugh thanked Mr. Peterson for his concern and for attending the meeting to discuss this
7 issue with the Council.
8 Cavanaugh directed City Manager Michael Mornson to review the speeding issue with the Police
9 Department and explore extraordinary measures that can be taken in order to resolve the
'10 problem.
11 Mayor Cavanaugh inquired if any other member of the audience wished to speak to the Council.
12 Parks Commissioner Jan Jensen approached the Council and stated he wished to present a
13 proposal to construct a skateboarding park for the City. The proposal, he stated, is the result of
14 an extensive amount of research, and the design of the park was created by a Youth Task Force
105 that had been implemented just for that purpose. The Task Force coordinated input from the
16 youth residents in the City, and Mr. Jensen coordinated estimates for paving and fencing and the
17 project in general.
18 Mr. Jensen continued by stating that the skateboarding park is highlighted within the Central
19 Park redevelopment, but can also be executed completely independent of the Central Park plan as
20 well.
21 Horst inquired if Mr. Jensen was searching for funding or space. Mr. Jensen said funding was
22 the objective because the location has been determined. The location would be near the Police
23 Department and the Community Center. Additionally, Mr. Jensen was impressed with the
24 location chosen because since the skateboarding park would be across from the Police
25 Department, it would be an encouraging factor for appropriate behavior by the participants.
26 Thuesen questioned the possibility of liability by the City to any persons that were injured due to
27 participation at the skateboarding rink.
28 City Attorney William Soth stated that there is the possibility of liability if any devices installed
29 are notably unsafe or defective. However, Mr. Soth continued to state that the liability would be
30 the same as with any other playground equipment at a park, assuming the equipment was not
31 defective or deemed unsafe. In respect to mention of installing a sign, Mr. Soth stated that
2 placing a waiver sign at the skateboarding park would be helpful, but would not guard
3 completely against liability.
34 City Manager Michael Mornson stated that he has called the City's insurance risk manager and
4
City Council Regular Meeting Minutes
June 13, 2000
Page 3
1 would investigate the details of liability for the City.
2 Additionally, Mornson stated that certain plans and specifications would need to be put together
3 because the project is over$25,000.00. Currently,there is a law that states any project over that
4 amount must be subject to bids. However, that law would be changing by August 1, and unless
5 the project would be postponed until that date, plans and specifications would need to be
6 considered.
7 Cavanaugh suggested that the Council review the recommendations from the Parks Commission,
8 and provide Staff time to shape the project into a resolution, determine funding, and other issues.
9 Additionally, he directed Staff to determine if the project falls into the Central Park redesign and
10 would not disrupt the other phases of the redevelopment.
11 Thuesen wished to express sincere appreciation for Mr. Jensen's research and coordination of the
12 project, and additionally thanked Mr. Jensen and the Parks Commission for bringing the issue
13 before the Council.
14 VII. CONSENT AGENDA.
5 Motion by Horst to approve the Consent Agenda, which consisted of:
16 1. City Council Regular Meeting Minutes of May 23, 2000;
17 2. Licenses and Permits;
18 3. Six pages of Verified Claims.
19
20 Motion carried unanimously.
21 VIII. PUBLIC HEARING.
22 A. Ordinance 2000-007 re: Amendment to the Ordinance Relating to Rezoning
23 Cavanaugh opened the Public Hearing at 7:17 p.m.
24 Cavanaugh asked City Manager Michael Mornson to provide a background.
25 Mornson stated that the Ordinance is proposed as part of a reaction to the possible sale of the
26 Salvation Army property. Additionally, during the 12 months of the Salvation Army
27 Moratorium, the City has added a park dedication ordinance. Therefore, any request for rezoning
28 of more than three acres, the City may require that the property be designated as a Planned Unit
29 Development. This process has been suggested by other planners in the surrounding areas as a
30 tool to control parcels and to provide the Council additional control in which to mold projects.
31 Additionally, Mornson reported that the Planning Commission has reviewed the proposed
�2 Ordinance and recommended approval.
34 Cavanaugh invited members of the audience to address the Council on this issue. Hearing no
35 response, Cavanaugh closed the Public Hearing at 7:20 p.m.
City Council Regular Meeting Minutes
June 13, 2000
Page 4
1 Motion by Hodson to approve and adopt Ordinance 2000-007, an Ordinance relating to rezoning;
2 permitting the-City to designate property being rezoned as a planned unit development; amending
3 section 1665.03 of the City Code of Ordinances to add a new Subd. 5; and to waive the first and
4 second readings.
5 Motion carried unanimously.
6 IX. GENERAL POLICY BUSINESS OF THE COUNCIL.
7 A. Discuss moratorium on Salvation Army PropeM.
8 Cavanaugh explained that the moratorium expires on June 14, 2000, and as a result, the property
9 would revert back to the present zoning, which is recreational.
10 Cavanaugh introduced Major Robert Thompson of the Salvation Army, and invited him to
11 address the Council. Mr. Thompson stated that the Salvation Army is encouraged by the
12 developments taking place. Additionally, the Planned Unit Development ("PUD")proposals
13 have been reviewed with advisors and that response has been positive.
14 The Salvation Army continues to search for active participants in purchasing the land and would
*5 bear in mind the City's vision of the result of the property with the new owners.
16 Cavanaugh thanked Mr. Thompson and stated that the City is looking forward to the success of
17 the Salvation Army and the property. Cavanaugh confirmed that the moratorium would expire
18 as of June 14, 2000.
19 B. Resolution 00-048 re: Award Sale of General Obligation State Aid Street Bonds.
20 Cavanaugh introduced Jerry Shannon from Springsted, Public Financial Advisors, and invited
21 him to address the Council.
22 Mr. Shannon stated that Springsted had received confirmation of an A-1 rating from Moody's
23 Investment Services because of the City's trend of well-managed finances, favorable location,
24 management debt burden, and other fine qualities.
25 Mr. Shannon distributed a summary of bids that Springsted had received for both the $1,610,000
26 Series 2000A Bonds, as well as the $950,000 Series 2000B Bonds. The lowest bidder for the
27 $1,610,000 bonds was from Dain Rauscher in an amount of$774,689.45 at a true interest rate of
28 5.42%; and the lowest bidder for the $950,000 bonds was from John G. Kinnard in an amount of
29 $411,331.25 at a true interest rate of 5.34%.
30 After a question and answer session, Mr. Shannon stated that the firm of Springsted would
1 recommend the Series A award to Dain Rauscher and the Series B award to John G. Kinnard.
City Council Regular Meeting Minutes
June 13, 2000
Page 5
1 Motion by Thuesen to approve Resolution No. 00-048, a Resolution Relating to $1,610,000
2 General Obligation Storm Sewer Revenue Bonds, Series 2000A, Awarding the Sale, Fixing the
3 Form and Details and Providing for the Execution and Delivery Thereof and Security Therefor.
4 Motion carried unanimously.
5 C. Resolution 00-049 re: Award Sale of General Obligation Storm Sewer Revenue Bonds.
6 Motion by Thuesen to approve Resolution 00-049, a Resolution Relating to $950,000 General
7 Obligation State-Aid Street Bonds, Series 200013; Awarding the Sale, Fixing the Form and
8 Details and Providing for the Execution and Delivery Thereof and Security Therefor.
9 Motion carried unanimously.
10 D. Resolution 00-050 re: Decertification of Existing Tax Increment Financing District and
11 Call for Hearing on Tax Increment Finance District for Apache Plaza.
12 Cavanaugh explained that this resolution involves taking parcels from the existing Tax Increment
13 Financing District ("TIF") district and placing them in a new.TIF district. City Manager
14 Mornson offered that the Council would simply be setting a public hearing and then the City
05 would be discussing details with the development and consultants. This process follows the
16 critical path of the Tax Increment Financing issues.
17 Motion by Horst to adopt Resolution No. 00-050, a Resolution Calling for a Public Hearing on
18 Amendments to the Redevelopment Plan for Redevelopment Project No. 3., Redevelopment
19 Project No. 3 and Tax Increment Financing Plan for Tax Increment Financing District No. 3,
20 Ramsey County of the Housing and Redevelopment Authority of St. Anthony and on a Proposed
21 Tax Increment Financing Plan.
22 Motion carried unanimously.
23 E. Resolution 00-051, re: Livable Communities Demonstration Account Grant Plan.
24 Mayor Cavanaugh introduced Doug Bergstrom, Chair of the Planning Commission. Mr.
25 Bergstrom stated that the Planning Commission and Staff have been working with the City's
26 consultants, DSU, in developing some of the planning associated with Hillcrest's redevelopment
27 of Apache Plaza. In working with DSU,the Planning Commission and Staff was alerted to the
28 existence of Metropolitan Council planning Grants, and DSU has had past success in getting
29 fairly substantial amounts of grant money to do planning. In the experience of DSU, they
30 believed that the area of Apache and extending into the Salvation Army property, could act as a
31 pilot project to acquire some of the funds.
City Council Regular Meeting Minutes
June 13, 2000
Page 6
1 The Planning Commission, Staff and DSU have worked together to implement a Phase I
2 application, which is a preliminary application, and was submitted on June 2, 2000. The
3 Resolution is calling for approval from the Council to support this process.. If Phase I is
4 approved, then the City would proceed to Phase II, which is a more detailed process.
5 Mr. Bergstrom introduced Ms. Elizabeth Blodgett of DSU. Ms. Blodgett explained that the
6 grant, if received, would pay for soft costs, and is one of five different types of grants. Soft costs
7 would be defined as consulting fees, wherein hard costs would be defined as construction. Ms.
8 Blodgett continued by reviewing the requirements for the grants and then answered specific
9 questions surrounding the details of the grant from the Councilmembers.
10
11 Sparks inquired about the timeline for the grant. Ms. Blodgett responded that August 31, 2000 is
12 the Phase II deadline for applications. That application will be a larger grant application, and
13 then between November 20 and December 4, the recipients of the grant awards will be
14 announced. On December 13, 2000, the funds would be distributed.
15 Various discussion ensued about the procedures and details of the grant application process, and
16 as it related to the moratorium on the Salvation Army Property and the proposed Planned Unit
17 Development.
18 Motion by Sparks to approve Resolution 00-051, a Resolution for Commitment to Provide Funds
19 to Match Potential Livable Communities Demonstration Account Grant, wherein if the
20 Metropolitan Council awards the City of St. Anthony a livable Communities Demonstration
21 Account Grant, the City of St. Anthony hereby commits to an even dollar per dollar match of
22 award funds from the City's Housing and Redevelopment Authority Fund.
23 Motion carried unanimously.
24 Cavanaugh thanked both Mr. Bergstrom and Ms. Blodgett, DSU, for their input and presentation.
25 F. Ordinance 2000-006 re: Zoniny- and Planned Unit Developments (2nd Reading).
26 Motion by Hodson to approve the second reading of Ordinance 2000-006, an Ordinance Relating
27 to Zoning and Planned Unit Developments; Amending Section 1655 of the St. Anthony Code of
28 Ordinances in its Entirety.
29 Motion carried unanimously.
30 G. Resolution 00-041 re: Authorize Physical Needs Assessment for all City Facilities.
31 Cavanaugh stated that this issue has been discussed at a worksession, and that he would suggest
32 adding Tires Plus to the list to study.
City Council Regular Meeting Minutes
June 13, 2000
Page 7
1 Morrison said the idea is to give the City Council an idea of what renovations would be needed
2 over a certain period of time. There are several buildings that are owned by the City that appear
3 to require.renovations, and the City is attempting to draw together a long-term plan of the
4 renovations that need to be accomplished.
5 Morrison reviewed for the Council the details of the study; in essence, some of the older
6 buildings were built before many of the Codes were put into place, and the City is simply trying
7 to accomplish a study to determine long-term goals.
8 Sparks mentioned that when the City first learned about the public works structure, for example,
9 there was a decision about how much space was actually needed. She stated it would be useful to
10 have estimates, but is hoping for more than a printout of how much space is needed if a new
I I building is determined to be needed after the study has been completed.
12 Motion by Horst to approve Resolution 00-041, a Resolution approving Short Elliott
13 Hendrickson, Inc. to Produce a Physical Needs Assessment/Cost Estimate for all City Facilities.
14 Motion carried unanimously.
�5 X. REPORTS FROM COMMISSIONS AND STAFF.
16 A. Ci , Manager.
17 1. City Manager Michael Mornson reported that the Staff has finalized the goal
18 setting retreat with the Facilitator and that the report would be forthcoming and placed in
19 a future Council packet.
20 2. WSB & Associates (engineering firm) held a neighborhood meeting on June 7
21 regarding the second holding pond on the Harding Street area, and the report from WSB
22 was that the meeting was very positive and progress is being made.
23 At the next Council meeting, a partner of the firm of WSB will be present to update the
24 Council as to the schedule and the next step.
25 3. Morrison reported the City Manager and Mayor met with school officials and
26 Springsted on Monday, June 12 to discuss financing options for the redevelopment of
27 Central Park. A report with options should be available on July 10, 2000, and grant-
28 writing services would also be investigated.
29 4. Morrison reported some of the planning issues for June, which included lot
30 coverage ordinance, variance request, AT&T antenna, and a preliminary plan for
1 Hillcrest.
32 5. Morrison additionally reported on some planning issues upcoming in July, which
33 included:
City Council Regular Meeting Minutes
June 13, 2000
Page 8
1 0 Request for rezoning by the convenience store located at 33rd Avenue NE;
2 0 Final plan for.the renovation of Apache Plaza;
3 0 Subdivision of property along 37th Avenue NE from Silver lake Road to Stinson
4 to go from two lots to four lots;
5 0 Pizza Hut lot to be combined with convenience store on Stinson& 39th Avenue;
6 0 Request to change conditional use permit for churches in commercial for Custom
7 Liquidators.
8 6. Additionally, Momson reviewed the upcoming Council agendas in brief.
9 7. Momson stated that City Finance Director Roger Larson had taken a survey
10 regarding budget policies, and a draft policy was in the process of being completed. It
11 was anticipated that the draft plan would be distributed to the Councilmembers by the end
12 of the month, and would be reviewed at the City Council meeting on July 25, 2000.
13 XI. REPORTS FROM COUNCILMEMBERS.
14 Sparks reported that ACTION (Adults and Children Together in Our Neighborhood) is part of an
15 effort to increase block club parties. A mailing would be going out to the residents to encourage
them to have block parties and provide information.
17 Thuesen reported that after the joint meeting with the Parks Commission and the City Council,
18 he attended the regular meeting of the Parks Commission as the City Council Liaison. Thuesen
19 wished to stress the importance of the City continuing to work as a community on exploring
20 opportunities for additional field space (ball and soccer). Thuesen reiterated that there is a great
21 demand for space and it has become a city-wide challenge.
22 Horst did not have a report.
23 Hodson reported that he is aware that this is the time of year for open houses for the Year 2000
24 graduates. He has received reports from residents that have been working with the Police
25 Department on parking issues and they reported that the Department has been patient and
26 understanding as related to the parking.
27 Additionally, Hodson reported that the bike patrol has been an excellent presence in the
28 community and he has received positive feedback from the residents about the community
29 feeling of having the bike patrol.
30 Cavanaugh reported that he has received the first complaint from a resident regarding the 29th
31 Street reconstruction. The resident's water had been shut off and upon further research,
62 Cavanaugh found that there had been a problem with the shut off valve, and that there was not
3 time to inform the residents. Additionally, it is Cavanaugh's understanding that the site
34 supervisor would be visiting the residents.
1
City Council Regular Meeting Minutes
is June 13, 2000
Page 9
1 Cavanaugh reported that the first open house village meeting was held and he was pleased with
2 the numbers in attendance. He felt the open house was a great success, and he would hope to
3 annualize the event. The possibility was discussed about having community services present at
4 the next open house. Cavanaugh thanked the Police and Fire Departments for attending.
5 Cavanaugh wished to announce that the Nativity Church had become aware of a need of a
6 skateboard center and the Church responded to a community need by building a skateboard ramp.
7 Additionally, there was an excellent article in the paper, which was a tribute of sorts to the
8 Church and was an example as to how the Church and the community are working together.
9 Cavanaugh mentioned that he would be attending the League of Cities meeting in St. Cloud.
10 XII. INFORMATION AND ANNOUNCEMENTS.
11 None.
12 XIII. ADJOURNMENT.
13 Motion by Sparks to adjourn the meeting at 8:20 p.m.
14 Motion carried unanimously.
0. -
15 Respectfully submitted,
16 Sue Selseth
17 Timesaver Off Site Secretarial, Inc.
18
19 Mayor
20 ATTEST:
21 City Clerk
Saint Anthony Village
DATE: June 27, 2000 Approval:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Approval:
Heating Contractor License:
Albers Sheetmetal & Ventilating, St. Paul, MN
Egan Mechanical Contractors, Inc., Minneapolis, MN
Golden Valley Heating & Air Conditioning, Crystal, MN
Standard Heating and Air Conditioning Company, MN
• Sedgwick Heating & Air Conditioning Co., Minneapolis, MN
Fireside Corner, Roseville, MN.
P & H Services Company, Brooklyn Center, MN
Automactic Garage Door & Fireplaces, Inc., Brooklyn Park, MN
Yale Incorporated, Bloomington, MN 55431
Alliance Mechanical Services Inc., Roseville, MN
Home Energy Center, Plymouth, MN
Westair Inc., Hanover, MN
New Mech Companies, Inc, St. Paul, MN
joblFINANCIAL SYSTEM ST. ANTHONY
--------------------------------
— -- - -- - -
V I LLAGE
14/2000 09. Check Register
CiL540R—V06.27 PAGE
ANK VENDOR CHECK# LATE AMOK NI
LIGR LIQUOR CHECKING ACCOUNT
- -- 004080 CHISAGO LAFCES D.IS"I . CO 16949
004095 COCA COLA BOTTLING 16950 06/26/00 1 , 902.78)
00413+� ECOLAB 16951 06/26/00 149 .0`=
-- --- Cii.OL - G 3, K SE.FdVICES 16552 06/2'8/00 64. 19
LIQUOR CHECKING ACCOUNT 2 . 113 . 02
13
FINANCIAL SYSTEM ST. _ANTHONY VILLA_G_E
IPP20/2000 14: Check Register GL540R-VO6.27 PAGE 1.
HANK VENDOR CHECK# DATE AMOUNT
LIGR LIQUOR CHECKING ACCOUNT
008311 ALL SAINTS BRANDS DISTRI 16978 .06/28/00 294.x,-0
004225 AL' IANT FOODSERVICE 16979 06/28/00 1 ,412.04
004293 BELLBOY CORP. 1698_0_06/28/00 _ 2,_1. ?4.74
004079 C:HE:CKCARE SYSTEMS 16981 06/28/00 19. 17
004087 CITY PAGES 16982 06/28/0() 207 .00
004107 _ COMPTON 'S COMMERCIAL CLN : 16983 06/28/00_----2- 4, 45.95
008437 DIRECTV 16984 06/28/00 4-3-.�, .---- -
004120 EAGLE WINE CO 16985 06/28/00 2,295.53
004130 ECOLAB 16986 06/28/0() 606. 11
008563 ENVIRONMENTAL HEALTH ASS 16987 06/28/00 85.00
004142 FOCUS NEWS 16988 06/28/00 397.95
004141 FRITZ COMPANY, INC . 16989 0_6/28/00 _4,031 .69
004157 GF_TTMAN HOWIE, INC . 16990 06/28/00 28.90 ----
004172 GRAPE BEGINNINGS, INC . 16991 06/28/00 152.00
004175 GRIGGS COOPER & CO INC 16992 06/28/00 25,023. 68
004201 HE:GGIES PIZZA 16993 06/28/00 106.50
008617 HINNENKAMP/WAYNE 16994 06/28/00 63 .50
004205 HOME JUICE CO 16995 06/28/00 _ 35. 10
41,000625 IKON OFFICE SOLUTIONS 16996 06/28/00 868.08
004220 JOHNSON BROS. L.IQ. 16997 06/28/00 22,963.72
.00001 LARSON A_LLLF-N WEISHAIR 16998 06/28/0() 594.29
008515 LIGHTNING DISPOSAL INC . 16999 06/28/00 750.00
002040 LILLIE SUBURBAN NEWSPAPE 17000 06/28/00 381 . 10
004271 MEDIA ONE 17001 06/28_/00 154._21.
004269 METRO COMMERCIAL SERVICE 17002 06/28/00 467. 43
004272 METZ BAKING CO 17003 06/28/00 33.78
0_0_4334 NORTHEASTER 170_04_06/28/00 168.30
002680 NORTHERN STATES POWER 17005 06/28/00 3,955129
004339 NTN COMMUNICATIONS INC 17006 06/28/00 679.00
000045 OFFICE DEPOT 17007 06/28/00 5.65__ _
004345 OLD DUTCH FOODS INC 17008 06/28/0() 81 .36
004354 PAUSTIS & SONS 17009 06/28/00 1 , 719.35
004360 PHILLIPS WINE v SPIRITS 17010 06/28/00 __ _12,207.30 _
004376 PRIOR WINE CO 17011 06/28/00 5,078.29
004385 QUALITY WINE CO 17012 06/28/00 22,954.81.
008597 R.D. HANSON ASSOC . , . INC . 17013 06/28/00 83_.75
002380 RELIANT ENERGY MINNEGASC 17014 06/28/00 79.51_
005004 SUPERIOR PRODUCTS 17015 06/28/00 178.48
004466 SYSCO--MINNESOTA 17016 06/28/0() 1 ,015.32
004475 TRI TECH DISPENSING 17017 06/28/00
004480 TWIN CITY FILTER SERVICE 17018 06/28/00 111 .72
004492 U S WEST COMMUNICATIONS 17019 06/28/00 722.56 _
008219 US WEST DEX 17020 06/28/00 801 .20
003710 VAN 0 LITE INC 17021 06/28/00 138.56
AX 008310 WINE MERCHANTS INC 17022 06/28/00-- _91 .83 -
LIQUOR CHECKING ACCOUNT 115,880. 13 #
14
iRG FINANCIAL SYSTEM ST . ANTHONY VILLf
+� 6/20/2000 13: Check: Re3ister GL540R-V06.2.7 PAGE
2
31 BANK VENDOR CHECK# _ DATE __-_--_ AMOUNT__-_
s
FIRS FIRSTAR ST. ANTHONY CHECKING
a
008666 ALLEGRO . 12099 06/28/00 51 .50
008621 ALLIANCE MECHANICAL 12100 06/28/00 95.00
005201_ AMF_RICAN STORES 12101_06/28/00 ____21 .47
-; 000115 AME:S PHOTO FINISH 1.2102 06/28/00 9.91.
+� 008450 ANIMAL_ CONTROL SERVICES, 12103 06/28/00 301 .68
-� 007201 APACHE GROUP 1.2104 06/28/00 _32_0.28_-
008660 ASPEN ENVIRONMENTAL_ 12105 06/28/00 297 .51
1 007332 BAUER BUILT INC . 12106 06/28/00 50.08
008153 BOB 'S PERSONAL_ COFFEE SE 12107 06/28/00 59.22__
>1 004039 BOhIhIIWELL/STUART J 12108 06/28/00 8,500.00
J 007253 BRAKE_ & EGUIPMENT WAREHO 12109 06/28/00 8.30
005136 BRISKI/TIM 1.2110 06/28/00 9_72.50
13! 007157 BROCK WHITE COMPANY, LLC 12111 06/28/00 31 .95
33j 000520 BRYAN ROCK PRODUCTS 1.211.2 06/28/00 60.61
00806_7 CALC TYPE OFFICE EQUIP C _ 1 2113 06/2e/00 _ 1_53..00
_2 00864.4 CHAMPPS AMERICANA 1.2114 06/28/00 169.87
3 008577 CITY OF ST. PAUL 12115 06/28/O0 15.00
00001 CITY OF WHITE BEAR LAKE 12116 06/28/00 _ 8_80.00_
='! • 007218 COMPRESS AIR & EQUIPMENT 1211.7 06/28/00 37 .28
?=i 000807 DIAMOND VOGEL PAINTS 1.2118 06/28/00 209.91
004110 DICKSON' ELECTRIC - 12119 06/28/00 280.00
008151 DIE:GNAU/DANIEL 1.21.2.0 06/28/00 39.9
J .00002 DONALD SAL_VERDA & ASSOC . 12121 06/28/00 737 .34.
000820 DORSEY & WHITNEY 1.2122 06/28/00 2,941 .2.9
005048 DPC INDUS-FRIES INC 12123 06/28/00 6.00
008362 EMBEDDED SYSTEMS, INC . 12124 06/28/00 354.00
_ 008_265, FIRSTAR CORPORATE_TRUST 12125 06/28/OC) 8,938.75
_4 00003 FLETCHER/JEFF ------ -- 3.21.26 06/28/00 34.61.
_31 008221 FOSTER,WENTZF_LL,HEDBACK, 12127 06/28/O0 3,000 .00
s 007115 FOUR BY FOUR 1.23.28_06/28/0_0_____,_______35._00
.00004 FOUR POINTS SHERATON 12129 06/28/00 413.38
=3 008647 FRATTALL.ONE 'S HARDWARE 12130 06/28/00 -- - - 49.38
� 008286 FRONTLINE FIRE & RESCUE 12131 06/28/OC) 38.76
001030 G & K SERVICES 3.2132 06/28/00 414.60
�+ 001145 GL_ENWOOD INGLEWOOD 12133 06/28/00 36.00
zl 001230 GOPHER STATE ONE CALL 12134 06/28_/00 222.40
13! 001300 HACH COMPANY 12135 06/28/00 148.67
J .00006 HAR MAR LOCK & SERVICE 12136 06/28/00 29.43.
-_001420 HAWKINS WATER TREATMENT _ 12137 06/28/00 33_3._85__
� .00005 HCMC EMS EDUCATION 1.2138 06/28/00 72.00
37I 001505 HENN CO SHERIFF 12139 06/28/OC) 1 ,036.98
'as 008376 FIE:NhIEPIN CNITY SHERIFF 'S 1.2140 06/28/00 65.66
;9 008252 HOME DEPOT-GECF 12141 06/2.8/00 241 .99
,0 000625 IKON OFFICE SOLUTIONS 3.2142 06/28/00 2,604.23
008442 JOHNSON/DAN 12143 06/28/00 44.99_
=z, 001980 LEAGUE OF MN CITIES 1.2144 06/28/00 40.00
002040 LILLIE SUBURBAN NEWSPAPE -12145 06/28/00 45.50
1sa - 008254 LMCIT % BERKLEY ADMINIST 12146 06/28/00 1 , 121 .00
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15
FiRC FINAnICIAL SYSTEM 5T. ANTHDt�I`fVILLr
06/20/2000 13: Cf�ecE:: Register GL540R-V06.2.7 PAGE
i2
3 BANK VENDOR CHECK# _DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
iJ 008229 LOFFLER BUSINESS SYSTEMS 12147 06/28/00 144.06
i3! 008255 LUCENT TECHNOLOGIES, INC 1.2148 06/28/00 25.50
008655 LYNN & ASSOCIATF_S 12149 06/28/00 __1_,_000_.070
.00007 MACQUEEN/JOHN 12150 06/28/00 504.00
002160 MARSHALL CONCRETE PROD 12151 06/28/00 --- 1 , 151 .DO -
z 008193 MC:FOA TREASURER 1.2152 06/28/00 440.00
tai 008197 MCI WORL_DCOM 12153 06/28/00 75.81
004271 MEDIA ONE 3.21.54 06/28/00 3.50
008509 MEDTRONIC PHYSIO-CONTROL_ - 12155 06/_28/00 230.09____
002240 METROPOLITAN COUNCIL 1.x.1.56 06/28/00 30, 160.00
1171 002280 MIDWEST ASPHALT CORP 12157 06/28/00 72 .81
3 008669 MIDWEST GANG INVESTIGATO 3.23.58 06/28/00 15.00
119; 005010 MINN CONWAY FIRE & SAFET 12159 06/28/00 43 .89
? 008668 MINNEAPOLIS COMM-TECH CO 12160 06/28/00 1 ,800.00
F=1; .00008 MINNESOTA BCA 12161 06/28/00 _
008409 MOSBY/MARK 1.2162 06/28/00 61 .98
3 008282 NETLINK INTERNATIONAL_ 12163 06/28/00 105.53
+; 008326 NEWMAN TRAFFIC SIGNS 3.2_164 06/28/00 _
;`�'• 008654 NORTH STAR TURF SUPPLY 12165 06/28/00 73.22
002680 NORTHERN STATES POWER 3.2166 06/28/00 12, 194.69
i° ! 000045 OFFICE DEPOT 12167 06/29/00 1 ,34_1_.7_8 _.
005168 OHL/JOHN 3.2168 06/28/00 22.25
008528 PACE ANALYTICAL_ SF_RVICF_S 12169 06/28/00' 270.00
008631 PARTS PLUS ROSEVILLE 12170 06/28/00
008499 PIONEER RIM AND WHEEL CO 12171 06/28/00 1 .49
008274 PITNEY BOWES 12172 06/28/00 148.46
'1 007073 PODANY 'S OFFICE EQUIPMEN 12173 06/28/00 4,209.32
008463 R DAVID PHOTOGAPHY 3.2174 06/28/00 72.42
=! .00001 RADIUDETECTION CORP. 12175 06/28/00 30.03
.00009 RAMSEY CNITY FIRE CHIEFS 3.2176 06/28/00 - _°•0.00
007376 RDO FINANC.'IAL SERVICES C 12177 06/28/00 197 .04
3' 008483 SKB 3.2178 06/28/00 37.00
008214 SNYDER DRUG 12179 06/28/00 76. 10___
;401 008345 SROGA/JEREMY 1.2180 06/28/00 49.99
005285 SROGA 'S 12181 06/28/00 123.54
'-2! 008448 ST. CLOUD STATE UNIVERSI 12182 06/28%00 394_.0_0
003490 STREICHER 'S 1?_183 06/28/00 2,361 .00
.00011 SWANSON & YOUNGDALE 12184 06/28/00 5,657.25
003260 T A SCHIFSKY & SONS 1 2185 06/28/00 75. 18 -_
007337 TIMESAVER OFF SITE SE:CRE 12186 06/28/00 306.26
X17 003560 TRACY PRINTING 12187 06/28/00 457 .75
I-13; 00032 TRAFFIC CONTROL CORP. 3.2188 06/28/00 692.25
`49' 008010 UNIFORMS UNLIMITED 12189 06/28/00 204.74
leo 008336 UNITED ELECTRIC COMPANY 1.2190 06/28/00 813.83
'51 002700 US WEST COMMUNICATIONS 12191 06/28/00 1 ,646.88
52 003700 VIKING INDUSTRIAL CENTER 12192 06/28/00 110.31
'ssi .00013 VISIONARY SYSTEMS, LTD 12193 06/28/00 2,775.00
j5.1 005298 WARNING LITES OF MN 12194 06/28/00 133. 13
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16
jRC FINANCIAL SYSTEM S_L.-_A..NZHOr�I`r VILLF
'i 6/20/2000 13: Check- Register Czl_540R—V06.27 PAGE
F3 HANK VENDOR CHECK#_ DATE -
FIRS FIRSTAR ST. ANTFION4' C FfECKIhIG
008273 WSB & ASSOCIATES,. INC . 12195 06/28/00 14,292.60
jai FIRSTAR ST. ANTHONY CHECKING _ 1_2.0,_140e_02._____,
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IX. GENERAL POLICY BUSINESS OF THE COUNCIL.
• Resolution relating to Middle Mississippi Water Management
Organization By-laws
• Resolution regarding an agreement with Metricom, Inc.
Y Ordinance relating to curfews.
• Ordinance amending PUD ordinance.
•
Middle Mississi
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• Watershed Mana ement Or am anon
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.June 20,2000
Connie Kroeplin
City Council Clerk
City of St. Anthony
3301 Silver Lake Rd
St. Anthony,MN 55418
Dear Ms. Kroeplin:
The Middle Mississippi River Watershed Management Organization is in the process of amending the Joint Cooperative
Agreement by changing the boundary of the MMRWMO to be consistent with the boundary of the new Capital Region
Watershed District. Currently,a portion of Falcon Heights which is in the MMRWMO was also included in the new
CRWD. The boundary change has been agreed to by Falcon Heights and the MMRWMO Board and would result in Falcon
Heights being removed from the MMRWMO.
The MMRWMO was previously requesting that each member community review and comment on the draft capital budget by
August 1,2000. We would appreciate this item being laid over until your next meeting to allow further discussions with the
state regarding the budget.
The MMRWMO requests that the boundary change resolution be heard and discussed by August 1,2000. If you have any
further questions or require any additional maternials,please call the MMRWMO office.
Sincerely,
son
MMRWMO Staff
BA:js
Middle Mississippi River Watershed Management Organization
250 South Fourth Street,Rm.401,Minneapolis,MN 55415
Office:612.673.5789 Fax:612.673.2522
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CITY OF ST. ANTHONY
RESOLUTION 00-052
A RESOLUTION APPROVING CHANGES TO THE
BYLAWS OF THE MIDDLE MISSISSIPPI RIVER
WATERSHED MANAGEMENT ORGANIZATION
WHEREAS, the City of St. Anthony is a member of the Middle Mississippi River Watershed
Management Organization (MMRWMO); and
WHEREAS, the purpose of the MMRWMO is to protect and enhance water quality resources
within the watershed; and
WHEREAS, the MMRWMO Board of Commissioners recently approved technical changes to
the.MMRWMO Joint and Cooperative Agreement Bylaws relating to watershed
boundaries and payment of budgetary obligations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony
hereby approves the proposed changes to the Bylaws of the Middle Mississippi River
Watershed Management Organization.
Adopted this day of , 2000.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
MEMORANDUM 21
• DATE: 6/19/00 MEETING DATE: 6/27/00
TO: City Council
THROUGH: City Manager Morrison
FROM: Assistant City Manager Isom/ .
RE: Resolution 00-053 Approves a Right-of-Way Permit and Facility Use Agreement
with Metricom, Inc.
Metricom is seeking,via a"Right-of-Way Permit and Facility Use Agreement,"the use/access of City-owned
and NSP owned street light poles,light fixtures, and other structures within the Public rights-of-way. NSP has
entered into a Master Lease Agreement with Metricom(see NSP communication dated 5/24/00).
City Attorney Soth has reviewed the proposed agreement. Mr. Soth's June 7,2000 comments/recommendations
are enclosed for your review. All of Mr. Soth's comments/recommendations were provided to Metricom's
consultant,Bill Buell. Mr.Buell incorporated Mr. Soths comments/recommendations with the exception of the
first one. Mr. Soth's comment/recommendation was: "In Section 2, the term is for 9years, and it renews
automatically for three successive terms of 5 years each,for a total possible 24 years. It has a provision that
permits either party to notify the other of its intention not to renew if notice is given 180 days prior to the renewal
term. .There is no such termination right duri ng the original 9-year term." I have asked Mr.Buell to be prepared
to explain to the Council why Mr. Soth's recommendation was not incorporated into the amended agreement.
• Additionally, I asked Mr. Buell to provide the Council with necessary proof/assurance that the fee of 1% of
Adjusted Gross Revenues to be paid to the City,with respect to those revenues from subscribers within the City,
is equal to the fee paid to other cities in the Twin Cities area.
Note: Staff is aware of the North Suburban Cable Commissions model agreement. Staff provided a copy of said
agreement to the City Attorney for comment. Attorney Soth feels the proposed agreement, incorporating his
comments,can serve the City's best interest.
Cc: City Clerk Kroeplin
B UELL CONSULTING, INC.
905 Jefferson Avenue, Suite 210 site Acquisition
Saint Paul, Minnesota 55102-4740 Permitting
(651) 225-0792 Site Management
Fax (651) 225-0795
May 10, 2000
Spencer A. Isom
Assistant City Manager
3301 Silver Lake Road
St. Anthony, MN 55418
RE: Metricom's Ricochet System and Use of City Right of Way
Dear Spencer:
Thank you for your time in meeting with me last week to talk about Metricom and its desire to bring its
exciting new wireless internet service, called Ricochet, to City businesses and residents. I am writing this letter
to.summarize our discussion.
SYSTEM REQUIREMENTS
Metricom's wireless network is accomplished by attaching shoebox sized radios on street lights. It usually
takes approximately seven of these radios per square mile to cover an area. The power for the radios is tapped
from existing photo sensors on the street light. These radios can also be attached to power poles. Metricom
does not plan to add any new poles or do any trenching in the right-of-way, however,Metricom will need to
use the City's right-of-ways in order to access the light poles and power poles.
Most of the poles are owned by NSP. As you requested,a letter that references the Agreement between NSP
and Metricom is enclosed
STANDARD AGREEMENT
I gave you a standard ROW Agreement that is the result of consultation with the attorneys representing the
League of Minnesota Cities and Suburban Rate Authority. For your convenience, I also gave you a Reference
Draft that highlights changes made at the request-of LMC and SRA.
We are asking the City to review and approve the Agreement. This is the same Agreement that is being
presented to 75 other cities in the Metro area of which 42 Cities have already signed. We are hoping to
complete the Agreement with all of the cities by the end of Maya As you requested,a copy of the Agreement
signed by the City of New Brighton is enclosed.
• BENEFITS TO CITY
The main benefit will be for residents and businesses to have the choice of a high-speed wireless internet
capability. In order to speed the rollout of our system in the Twin Cities market,Metricom is willing to go
beyond the statutory limits that cities can charge for the use of the right of way. The Agreement provides for
the following payments. These are the exact same payments being proposed and accepted by other cities:
23
Sec. 3.4- payment of all normal application fees for initial installation
Sec. 4.1- annual payment of 1%of gross revenue for subscribers in the City as a simple way to
calculate the City's on oin right of way management costs for Metricom. This
relieves the City from the need to calculate a right-of-way management fee for
-Metricom,whose use is a simple 15-minute stop to attach a radio to a pole.
SecA.2- annual payment of$60 per City-owned pole upon which a radio is-attached
Sec. 4.3 Metricom pays for all of its electricity use
Sec. 4.4- Metricom will reimburse the City for its attorney's fees to review the Agreement up to
$1,000
Sec. 4.5- the City will receive 10 free internet subscriptions($350 or more per month value)
CITY APPROVAL PROCESS
It is my understanding that you will try to complete your review of the Agreement as soon as possible. It
is critical for our purposes to bring it to the City Council for their review and approval as soon as possible.
When would the next City Council Meeting be available for this?
MAPPING
The Agreement requires Metricom to supply the City with a map showing the proposed locations of the pole
top radios. We propose to supply the map after the Agreement is signed using City street right-of-way data
and power company pole mapping data. All radio locations, whether on City-owned poles or power company
poles,will be subject to City review and approval.
•
I look forward to receiving any comments you may have on the proposed Right-of-Way Permit and Facility
Use Agreement. Please let me know if you need any more information to complete your review.
Thank you.
Sincerely,
William R. Buell
Representative of Metricom
651-225-0793
Enclosures:
• Copy of New Brighton ROW Agmt.
• NSP Letter
•
24
BMW
r
'
April 1, 2000 ricochet.
To Municipal Officials in the Northern States Power Company service area:
rc: Metricom and Northern States Power
This letter is to inform you that Northern States Power Company has entered into an
agreement with METRICOM, INC. which will allow attachment of Metricom Ricochet®
radios to the arms of Northern States Power Company streetlight fixtures. The term of
this agreement is effective now, and runs through at least the year 2015. These
attachments will be on both streetlight poles and electric distribution poles located in the
public right-of-way.
• Our agreement addresses business and technical issues relevant to creating a wireless
internet access system in your community.
If you have any questions or would like to speak to the appropriate Northern States
Power Company representative, please contact:
Cathy Wellman
Service Policy Coordinator
Northern States Power Company
612-330-1939 s $
Your cooperation in our project is greatly appreciated. S
Sincerely, �--
Max W. Thompson
Metricom Local Market Manager
Minnesota Office: 952-837-2577
•
Metricom, Inc., 7701 France Avenue South,Suite 200,Edina, MN 55435.Phone.612.837.2578, Fax.612.841.6301
25
Northern States Power Company
• 414 Nlcollet Mall(RS-4)
Minneapolis, MN 55401
Telephone No. (812)330-1938
Facsimile No. (812)330-5878
Email Address: cothy.wellman®nspco.com;
May 24, 2000
Mr. Spencer Isom
City of St.Anthony
3301 Silver Lake Drive
St.Anthony, MN 55418
• Dear Mr. Isom:
Per your request,this letter serves as verification that a Master lease Agreement(Agreement)covering
Metricom's use of NSP's assets for installation of their equipment required to provide wireless intemet
service to subscribers within NSP's service territory was executed on April 1, 2000.
j If you have additional questions, please feel free to contact me again.
Sincerely,
Catherine M.Wellman
Service Policy Department
cc: Bill Buell, Buell Consulting
•
26
r clix
To: Bill Soth From: Assistant City Manager Isom
Fax: 340-2644 Pages: 21, including Cover Sheet
Phone: 340-2969 Date: 05/24/00
Re: Metricom's Ricochet System and CC:
Use of City Right of Way
Urgent x For Review x Please Comment Please Reply Please Recycle
•
e Comments:
Per our earlier discussion, I have attached a copy of Metricom's proposed Right-of-
Way agreement. I believe this to be the language as approved by the LMC. Please
review and approve as to form. I am awaiting a letter from NSP giving Metricom
permission to affix to their poles. After receiving your approval and NSP's letter I will
seek to have the item placed on the next Council agenda.
I'll be out-of-town 'til June 6, so take your time. If you have questions, please feel
free to call Bill Buell of Buell Consulting at 651-225-0793.
Thanks and have a great Memorial Day weekend.
Spence
•
06/07/00 `FED 14:50 FAX 6123402644 DORSEY & WHITNEY y
21
DORSEY WHITNEY LLP
MrNMAPOLIS PLLLS$URY CENTER SOUTH - BILLINGS
NEW YORK 220 SOUTH SIXTH STRZST GREAT PALLS
SAATTLE MINNEAPOLIS,MINNESOTA 55402-1498 MISSOULA
.09NVER.. TELEPIlONE:(612)340-2600 BnusssLs
WA11-UNCTON,D.C. FAX:(612) 340-2568 PARGO
DES MOINISS ,'t HONG KONG
ANCHORA09 w LIAM B..SOTH IRgCHESTER
LONDON (612 340-2969 SALT LAKE CITY
FAX(612)340 4644
sot. o�9 vwrrcovvEa
COSTA MESA law.wm
June 7,2000
Spencer Isom
Assistant City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Re: Metricom,Inc.
Right-of-Way Permit and Facility Use Agreement
Dear Spencer:
As you requested, I have reviewed the proposed agreement with Metricom,Inc. for use of the
City-owned street light poles and light fixtures and other City-owned structures within the public rights-
of-way for installation of radios and related equipment by Metricom, Inc. as part of a mobile digital
data communications radio network known as"Ricochet."
I have also seen a copy of the draft of the agreement as,reviewed and revised by Tom
Grundhoefer at the League of Minnesota Cities,and as also reviewed and revised by Jim Strommen,
with the Kennedy & Graven firm,as attorneys for the Suburban Rate Authority.
Generally speaking,the agreement with the changes required by Tom Grundhoefer and Jim
Strommen is in reasonably good form,and my additional comments are limited. There are,however,
several points you should consider:
1. In Section 2, the term is for g-yrzars,and it renews automatically for three successive terms
of 5 years each, for a total possible 24 years. It has a provision that pernuts either party to notify the
• other of its intention not to renew if notice is given 180 days prior to the renewal term. There is no such'
termination right during the original 9-year term.
06/07/00 WED 14:50 FAX 6123402644 DORSEY & WHITNEY
20
• - DORSEY & WHITNEY LLP
Spencer Isom
June 7,2000
Page 2 .
2. In Section 3.3,the last sentence(prior to Section 3.3.1)would require the City to use
reasonable efforts to include provisions in all agreements and franchises the City may enter into. I
would recommend that this sentence be deleted.
3. Section 4.1 provides for a fee of 1%of Adjusted Gross Revenues to be paid to the City
with respect to those revenues from subscribers within the City. 1 think you should have Metricom
provide you with the fee rates to be paid to the various other cities to make sure that St. Anthony is
getting a rate equal to those other cities.
4. Under Section 4.4, you are entitled to be reimbursed for attorneys' fees with respect to
review of this agreement up to $1,000. I will'provide separate billing on this so that you can get such
reimbursement.
5. Under Section 4.5,the City of St.Anthony would have up to 10 free subscriptions for its
own City use.
6. Throughout the agreement St Anthony is referred to as the Village of St. Anthony.
Although that term is often used for St.Anthony,in a legal document such as this we should use City of.
St. Anthony.
If you have any other questions or comments on the agreement, please let me know. If not,the
matter can be put on the agenda for consideration by the Council.
truly yours,
William R. Soth
WRS/ms
•
29
B UELL CONSULTING, INC.
905 Jefferson Avenue, Suite 210 Site Acquisition
Saint Paul, Minnesota 55102-4740 Permitting
(651) 225-0792 Site Management
Fax (651) 225-0795
June 8, 2000
Mr. Spencer A. Isom Via Federal Express
Assistant City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
RE: Metricom Right of Way Agreement
Transmittal of Final Agreement for Signatures
Dear Mr. Isom:
Please find enclosed three copies of Metricom's Right-of-Way Permit and Facility Use Agreement ready
for signature. This Agreement contains all of the changes that were requested by your attorney,William
Soth in Mr. Soth's letter dated June 7, 2000. For your convenience I have enclosed a redline version
which shows where the changes were made.
Metricom's payment of 1%of Adjusted Gross Revenue is uniform for all cities in the Twin Cities,
without exception, so you can be assured that St. Anthony's rate is equal to the other cities.
It is my understanding that this Agreement will be on the agenda for consideration by the City Council at
their meeting on June 27. If the Agreement is approved, I would like to get the signed copies as soon as
possible. Would it be possible for me to get the signed copies at the City Council meeting on June 27?
I will then have Metricom sign the Agreements and return one fully executed copy to you for your
records.
Thank you for your help in moving this project forward. We are anxious to get these signed as soon as
possible, so your attention to this matter at your earliest convenience would be greatly appreciated. We
look forward to working with you to bring this exciting new technology to the residents and businesses of
St. Anthony.
Sincerely,
William R. Buell
Representative for Metricom
Enclosure: Three copies of Agreement ready for execution
• Redline Draft of changes (for reference)
30
• ST. ANTHONY
Right-of-Way Permit and Facility Use
Agreement
HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
2000 (the "Effective Date"), and entered into by and
between the CITY OF ST. ANTHONY, a Minnesota local government unit (the
"City"), and METRICOM, INC., a Delaware corporation ("Metricom").
Recitals
A. Metricom owns, maintains, and operates, in accordance with regulations
promulgated by the Federal Communications Commission, a mobile digital data
communications radio network known as Ricochet®, utilizing Radios (as defined in
§ 1.10 below) and related equipment certified by the Federal Comm unications
Commission.
B. For purpose of operating Ricochet®, Metricom wishes to locate, place,
.attach, install, operate, and maintain Radios in the Public Right of Way (as defined in
§ 1.9 below) on facilities owned by the City,. as well as on facilities owned by third
parties therein.
Agreement
NOW , therefore, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree to the following
covenants, terms, and conditions:
1 DEFINITIONS. The following definitions shall apply generally to the provisions of this
Use Agreement:
1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross
dollar amount received by Metricom for'its Services (as defined in § 1.11
below) provided to subscribers with billing addresses in the City,
excluding (i) any utility users' tax, communications tax, or similar tax or
fee; (ii) local, state, or federal taxes that have been billed to the subscribers
and separately stated on subscribers' bills; and (iii) revenue uncollectible
from subscribers (i.e., bad debts) with billing addresses in the City that
was previously included in Adjusted Gross Revenues.
• Right-of-Wa v Permit and Facility Use Agreement
City of St.Anthony::Metricom Inc.
Page 1 of 15
31
• 1.2 City. "City" means the City of St. Anthony.
1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or
levy of general application to entities doing business in the City lawfully
imposed by any governmental body (but excluding any utility users' tax,
franchise fees, communications tax, or similar tax or fee).
1.4 Installation Date. "Installation Date" shall mean the date that the first
Radio is installed by Metricom pursuant to this Use Agreement.
1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative
orders, certificates, orders, or other requirements of the City or other
governmental agency having joint or several jurisdiction over the parties
to this Use Agreement.
1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly
organized and existing under the laws of the State of Delaware, and its
lawful successors, assigns, and transferees.
1.7 MPUC. " MPUC" means the Minnesota Public Utility Commission.
1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light
poles, lighting fixtures, electroliers, or other City-owned structures located
within the Public Right of Way and may refer to such facilities in the
singular or plural, as appropriate to the context in which used.
1.9 Public Right of Way. "Public Right of Way" means the space in, upon,
above, along, across, and over the public streets, roads, highways, lanes,
cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and
places, including all public utility easements and public service easements
as the same now or may hereafter exist, that are under the jurisdiction of
the City. This term shall not include county, state, or federal rights of way
or any property owned by any person or entity other than the City, except
as provided by applicable Laws or pursuant to an agreement between the
City and any such person or entity. If the City adjusts its boundaries
pursuant to Minn. Stat., Chap. 414 through annexation, incorporation,
combination, detachment, or other means, this Use Agreement shall be
binding on the entire area within the City's boundaries after the
adjustment.
1.10 Radio. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricom hereunder.
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• 1.1.1 Services. "Services" means the mobile digital communications services
provided through Ricochet® by Metricom, which services consist
principally of wireless Internet, e-mail and local area network access and
may include transmission of sound and video images; provided, however,
that "Services" shall not be construed, interpreted or applied to authorize
either real time telecommunications services (including telephone and
voice) or video or cable television communications services except as may
be considered standard Internet content.
2 TERM. This Use Agreement shall be effective as of the Effective Date and shall
extend for a term of nine (9) years commencing on. the Installation Date, unless it is
earlier terminated by either party in accordance with the provisions herein. The term
of this Use Agreement shall be renewed automatically for three (3) successive terms of
five (5) years each on the same terms and conditions as set forth herein, unless either
party notifies the other of its intention not to renew not less than one hundred
eighty (1.80) calendar days prior to commencement of the relevant renewal term.
3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under
this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall
be subject to the prior and continuing right of the City under applicable Laws to use
any and all parts of the Public Right of Way exclusively or concurrently with any other
person or entity and shall be further subject to all deeds, easements, dedications,
rconditions, covenants, restrictions, encumbrances, and claims of title of record which
may affect the Public Right of Way. Nothing in this Use Agreement shall be deemed to
grant, convey, create, or vest in Metricom a real property interest in land, including any
fee, leasehold interest, or easement. Any work performed pursuant to the rights
granted under this Use Agreement shall be subject to the reasonable prior review and
approval of the City.
3.1 Attachment to Municipal Facilities. The City hereby authorizes and
permits Metricom to enter upon the Public Right of Way and to locate,
place, attach, install, operate, maintain, remove, reattach, reinstall,
relocate, and replace Radios in or on Municipal Facilities for the purposes
of operating Ricochet(D and providing Services. In addition, subject to the
provisions of§ 43 below, Metricom shall have the right to draw electricity
for the operation of the Radios from the power source associated with
each such attachment to Municipal Facilities.
3.2 Attachment to Third-Party Property. Subject to obtaining the permission
of the owner(s) of the affected property, the City hereby authorizes and
permits Metricom to enter upon the Public Right of Way and to attach,
install, operate, maintain, remove, reattach, reinstall, relocate, and replace
such number of Radios in or on poles or other structures owned by public
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• utility companies or other property owners located within the Public
Right of Way as may be permitted by the public utility company or
property owner, as the case may be for the purposes of operating
Ricochet® and providing Services. Upon request, Metricom shall furnish.
to the Citv documentation of such permission from the individual utility
or property owner.responsible. City agrees to cooperate with Metricom;
at no cost or expense to City, in.obtaining where necessary the consents of
third-party owners of property located in the Public Right of Way.
3.3 No Interference. Metricom in the performance and exercise of its rights
and obligations under this Use Agreement shall not interfere in any
manner with the existence and operation of any and all public and private
rights of way, sanitary sewers, water mains, storm drains, gas mains,
poles, aerial and underground electrical and telephone wires, electroliers,
cable television, and other information or communications, utility, or
municipal property, without the express written approval of the owner or
owners of the affected property or properties, except as permitted by
applicable Laws or this Use Agreement.
3.3.1 Interference Resolution. Any actual or anticipated radio
interference caused by either the presence of the Radios or the presence of
anv such other communications equipment or devices in the Public Right
• of Way shall be resolved by Metricom and any such other providers
without cost to City on the basis of the applicable rules, regulations,
practices, and procedures of the FCC. City agrees to assist Metricom in the
resolution of any such interference dispute at Metricom's sole expense.
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws
in the exercise and performance of its rights and obligations under this
Use Agreement. The Right-of-Way Management Reimbursement
provided for in § 4.1 below shall be in lieu of all other Citv fees, with the
exception of any City permits required for the initial installation of the
Radios. City shall promptly respond to Metricom's filings and shall
otherwise cooperate with Metricom in facilitating the deployment of
Ricochet® in the Public Right of Way in a reasonable and timely manner.
3.5 Location and Installation of Radios. The proposed locations of Metricom's
planned initial installation of Radios shall be determined, subject to the
reasonable prior review and approval of the City, promptly after
Metricom's review of available street light maps and prior to deployment
of the Radios. Upon the completion of installation, Metricom promptly
shall furnish to the City a pole list showing the exact location of the Radios
in the Public Right of Way.
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• 4 COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the
payment of all lawful Fees in connection with Metricom's performance under this Use
Agreement, in accordance with the terms set forth below.
4.1 Right-of-Way Management Reimbursement. In order to reimburse City for
any right-of-way management costs it may incur during the term of this
Use Agreement following the initial deployment of the Radios in
connection with Metricom's entry upon and deployment within the Public
Right of Way, Metricom shall pay to the Citv, on an annual basis, an
amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right-
of-Way Management Reimbursement'), which amount may be collected
from subscribers of the Services with billing addresses in the City and
remitted to City as provided herein. The parties agree that such
Right-of-Way Management Reimbursement represents a fair estimate of the
costs of continuing management of the Public Right of Way utilized by
Metricom and that such Right-of-Way Management Reimbursement is not a
franchise fee or payment for use of the Public Right of Way. The
Right-of-Way Management Reimbursement shall be payable for the period
commencing upon the date that Services are offered to commercially paying
subscribers within the City using Radios installed pursuant to this Use
Agreement and ending on the date of termination of this Use Agreement,
• and shall be due on or before the 4511' day after the end, of each calendar year
or fraction thereof. Within forty-five (45) days after the termination of this
Use Agreement, compensation shall be paid for the period elapsing since the
end of the last calendar year for which compensation has been paid.
Metricom shall furnish to the City with each payment of compensation
required by this section a statement, executed by an authorized officer of
Metricom or his or her designee, showing the amount of Adjusted Gross
Revenues for the period covered by the payment. If Metricom discovers any
error in the correct amount of compensation due, the City shall be paid
within thirty (30) days of discovery of the error or determination of the
correct amount. Any overpayment to the City through error or otherwise
shall be refunded.or offset against the next payment clue. Acceptance by the
City of any payment due under this section shall not be deemed to be a
waiver by the City of any breach of this Use Agreement occurring prior
thereto, nor shall the acceptance by the City of any such payments preclude
the City from later establishing that a larger amount was actually due or
from collecting any balance due to the City. City may, at any time, at City's
sole option, upon ninety (90) days written notice, require Metricom to
discontinue the Right-of-Way Management Reimbursement
compensation. Upon receiving such notice Metricom shall, no later than
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® ninety (90) days after receiving such notice, cease making all
compensation payments that would have been payable after such ninety
(90) day notice period. If City requires such a discontinuation of Right-of-
Way Management Reimbursement compensation, the City may then
charge, on an annual basis, its actual Right-of-Way Management costs
'(pursuant to Minnesota Statutes Sec. 237.162, Subd. 9 and Sec. 237.163,
Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day
period described above. Metricom shall only be liable for such actual
annual Right-of-Way management costs to the extent such costs exceed
the annual retail value of the service subscriptions for which the City is
eligible under Section 4.5 of this Agreement.
4.1.1 Reduction of Right-of-Way Management Reimbursement by
Amount of Utility Users or Communications Tax.
Notwithstanding anything to the contrary in this Use Agreement, if
the Services are subject to a utility users tax, communications tax,
or other similar tax or fee which accrues to the Citv by operation of
the City's Municipal Code or other applicable law, then the amount
of the Right-of-Way Management Reimbursement shall be reduced
by the amount of the applicable utility users tax, communications
tax, or such other similar tax or fee.
• Accounting Matters. Metricom shall keep accurate books of account at its principal
office in Los Gatos or such other location of its choosing for the purpose of determining
the amounts due to the City under § 4.1 above. The City may inspect Metricom's books
of account relative to the City at any time during regular business hours on thirty (30)
days' prior written notice and may audit the books from time to tirne at the City's sole
expense, but in each case only to the extent necessary to confirm the accuracy of
payments due under § 4.1 above. Alternatively, Metricom will make available for
inspection by the City at Nletricom's office located closest to the Citv, upon thirty (30)
days prior written notice, the relevant portions of its books and records as reasonably
necessary to confirm the accuracy of any payments due the City under this Use
Agreement. The City agrees to hold in confidence any non-public information it learns
from Metricom to the fullest extent permitted by Law:
4.2 Annual Fee. As compensation for the use of Municipal Facilities,
Metricom shall pay to the City an annual fee (the "Annual Fee') in the
amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if
any, upon which a Radio has been installed pursuant to this Use
Agreement. Where light poles or other facilities to be used by Metricom
within the Public Right of Way are owned by a utility, such annual fee
shall be paid to the appropriate utility and not to the City. The aggregate
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® Annual Fee with respect to each year of the term shall be an amount equal
to the number of Radios installed on Municipal Facilities during the
preceding twelve (12) months multiplied by the Annual Fee, prorated as
appropriate, and shall be due and payable not later than forty-five (45)
days after each anniversary of the Installation Date. City represents and
covenants that City owns all Municipal Facilities for the use of which it is
collecting from Metricom the Annual Fee pursuant to this § 4.2.
4.21 CPI Adjustment. Effective commencing on the fifth (51h)
anniversary of the Installation Date and continuing on each fifth
(51h) anniversary thereafter during the term, the Annual Fee with
respect to the ensuing five-year period shall be increased by a
percentage amount equal to the percentage increase, if anv, in the
U.S. Department of Labor, Bureau of Labor Statistics Consumer
Price Index (All Items, All Consumers, 1982-1984=100) which
occurred during the previous five-year period for the Midwest
Urban Region Consolidated Metropolitan Statistical Area.
4.3 Electricity Charges. Metricom shall be solely responsible for the payment
of all electrical utility charges to the applicable utility company based
upon the Radios' usage of electricity and applicable tariffs.
• 4.4 Reimbursement of .City's Project .Review Expenses. Metricom shall
reimburse the City at City's standard rates for reasonable attorney's fees
and other project review expenses relating to the preparation and review
of this Use Agreement, promptly upon receipt of itemized bills, paid
invoices, and other such documentation as Metricom shall reasonably
require, and in a total amount not to exceed One Thousand Dollars
($1,000). The reimbursement provided for in this § 4.4 shall not replace or
excuse Metricom from the payment of any applicable permit fee for work
undertaken pursuant to the initial installation of the Radios.
4.5 Municipal Subscriber Program. City shall have the right throughout the
term of this Use Agreement to receive up to the maximum number
specified below (based upon the City's population) of free Ricochet® basic
service subscriptions. The number of free subscriptions which the City
may receive shall be determined in accordance with the City's official
population, as shown on the latest available census data, as follows: (a) for
municipalities with a population of less than 100,000, up to a maximum of
ten (10) free subscriptions; (b) for municipalities with a population of
between 1.00,000 and 249,000, up to a maximum of fifteen (15) free
subscriptions; (c) for municipalities with a population of between 250,000
and 500,000, up to a maximum of twenty (20) free subscriptions; and
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® (d) for municipalities of over 500,000, up to a maximum of twenty-five (25)
free subscriptions. City shall designate one person who shall be
responsible for ordering and receiving any subscriptions. To take
advantage of this program, the designated individual should contact
Metricom's Network Real Estate Department at the address stated in § 8
below City's right .to use the subscriptions shall .commence at the time
that Ricochets service is commercially available in the City and shall
extend until the expiration of the term of this Use Agreement or through
the length of time that Radios are deployed in the Municipal Right of
Wav, whichever is longer. City's use of the subscriptions shall be subject
to the standard RicochetS terms and conditions of use. City understands
and agrees that modems and equipment required to utilize the
subscriptions and any additional service subscriptions or service options
the City may desire may be obtained from an authorized retailer at market
rates current from time to time. City shall use all subscriptions provided
pursuant to this section solely for its own use and shall not be entitled to
resell, distribute, or otherwise permit the use of same by any other person,
excepting a local public entity that provides public service within the
corporate boundaries of the City (e.g., municipal schools, public safety, or
fire departments, etc.). The level of benefits and service provided to City
by Metricom as "basic service" shall not be diminished or reduced during
• the term of this Use Agreement or renewal thereof or prior to its
cancellation or termination, as the case may be.
4.6 Most-Favored Municipality Clause. Should Metricom after the parties'
execution and delivery of this Use Agreement enter into a right-of-way
permit and facility use agreement with another municipality of the same
size or smaller than the City as compared with cities in the Minnesota
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and
Washington, which agreement contains either (a) a higher Right-of Way
Management Reimbursement as described in § 4.1 above or (b) a higher
Annual Fee as described in § 4.2 above or (c) a higher amount of
Reimbursement of City's Project Review Expenses as described in § 4.4
above, City shall have the right to require that Metricom modify this Use
Agreement to incorporate the same or substantially similar superior
benefits and such other terms.
5 RELOCATION AND DISPLACEMENT OF RADIOS. Metricom understands and
acknowledges that City may require Metricom to relocate one or more of its Radios,
and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and
expense, whenever City reasonably determines that the relocation is needed for any of
the following purposes: (a) if required for the construction, completion, repair,
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O relocation, or maintenance of a City project; (b) because the Radio is interfering with or
adversely affecting proper operation of City-owned light poles, traffic signals, or other
Municipal Facilities; or (c) to protect or preserve the public health or safety. In any
such case, City shall use reasonable efforts to afford Metricom a reasonably equivalent
alternate location with no duty to incur any.expenses or cost to City. If Metricom shall
fail to relocate any Radios as requested by the City within a reasonable time under the
circumstances in accordance with the foregoing provision, City shall be entitled to
relocate the Radios at Metricom's sole cost and expense, without further notice to
Metricom: To the extent the City has actual knowledge thereof, the City will attempt
promptly to inform Metricom of the displacement or removal of any pole on which any
Radio is located.
5.1 Relocations at Metricom's Request. In the event Metricom desires to
relocate any Radios from one Municipal Facility to another, Metricom
shall so advise City. City will use reasonable efforts to accommodate
Metricom by making another reasonably equivalent Municipal Facility
available for use in accordance with and subject to the terms and
conditions of this Use Agreement.
5.2 Damage to Public Right of Way. Whenever the removal or relocation of
Radios is required or permitted under this Use Agreement, and such
O removal or relocation shall cause the Public Right of Way to be damaged,
Metricom, at its sole cost and expense, shall promptly repair and return
the Public Right of Way in which the Radios are located to a safe and
satisfactory condition in accordance with applicable Laws, normal wear
and tear excepted. If Metricom does not repair the site as just described,
then the City shall have the option, upon fifteen (15) days' prior written
notice to Metricom, to perform or cause to be performed such reasonable
and necessary work on behalf of Metricom and to charge Metricom for the
proposed costs to be incurred or the actual costs incurred by the City at
City's standard rates. Upon the receipt of a demand for payment by the
City, Metricom shall promptly reimburse the City for such costs.
6 INDEMNIFICATION AND WAIVER.. Metricom agrees to indemnify, defend, protect, and
hold harmless the City, its council members, officers, and employees from and against
any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgements, and all costs and
expenses incurred in connection therewith, including reasonable attorney's fees and
costs of defense (collectively, the "Losses") directly or proximately resulting from
Metricom's activities undertaken pursuant to this Use Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of the City, its council
members, officers, employees, agents, or contractors The foregoing notwithstanding,
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• Metricom shall defend and indemnify the City, and its officers and employees, even in
the case of negligence, unless the allegations allege (a) independent negligence on the
part of the City, its officers and employees or (b) a wrongful act or omission on the part
of the City or its officers or employees. Metricom shall also defend and indemnify the
City, its officers and employees, even in the case of negligence, if the allegations are
based on the Citv's or its officers or employees' negligence or otherwise wrongful act
or omission in issuing a permit to Metricom or approving this Use Agreement, or in
failing to properly or adequately inspect or enforce compliance with the terms,
conditions or purpose of any permit issued to Metricom.
6.1. Waiver of Claims. Metricom waives any and all claims, demands, causes
of action, and rights it may assert against the City on account of any loss,
damage, or injury to any Radio or any loss or degradation of the Services
as a result of any event or occurrence which is beyond the reasonable
control of the City or on account of City's exercise of its regulatory or
police powers.
6.2 Limitation of City's Liability. The City shall be liable only for the cost of
repair to damaged Radios arising from the negligence or willful
misconduct of City, its employees, agents, or contractors.
7 INSURANCE. Metricom shall obtain and.maintain at all times during the term of this
• Use Agreement Commercial General Liability insurance and Commercial Automobile
Liability insurance protecting Metricom in an amount not less than One Million Dollars
($1,000,000) per occurrence (combined single limit), including bodily injury and
property damage, and in an amount not less than One Million Dollars ($1,000,000)
annual aggregate for each personal injury liability and products-completed operations.
The Commercial General Liability insurance policy shall name the City, its council
members, officers, and employees as additional insureds as respects any covered
liability arising out of Metricom's performance of work under this Use Agreement.
Coverage shall be in an occurrence form and in accordance with the limits and
provisions specified herein. Claims-made policies are not acceptable. Such insurance
shall not be canceled, nor shall the occurrence or aggregate limits set forth above be
reduced, until the City has received at least thirty (30) days' advance written notice of
such cancellation or change. Metricom shall be responsible for notifying the City of
such change or cancellation. Prior to any five(5)-year renewal term, pursuant to Section
2 of this Use Agreement, the City may request and the parties shall bargain in good
faith to increase the above minimum insurance amounts, if such an increase is
warranted by industry standards or specific identified risk. Such increase, if any, shall
not be effective until the commencement of such renewal term.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of
any work pursuant to this Use Agreement, Metricom shall file with the
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® City the required original certificate(s) of insurance with endorsements,
which shall state the following:
(a) the policy number; name of insurance company; name and
address of the agent or authorized representative; name and
address. of insured; project name; policy expiration date; and
specific coverage amounts;
(b) that the City shall receive thirty (30) days' prior notice of
cancellation;
(c) that Metricom s Commercial General Liability insurance policy
is primary as respects any other valid or collectible insurance that
the City may possess, including any self-insured retentions the City
may have; and any other insurance the City does possess shall be
considered excess insurance only and shall not be required to
contribute with this insurance; and
(d)that Metricom's Commercial General Liability insurance policy
waives any right of recovery the insurance company may have
against the City.
The certificate(s) of insurance with endorsements and notices shall be mailed to
• the City at the address specified in § 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain
at all times during the term of this Use Agreement statutory workers'
compensation and employer's liability insurance in an amount not less
than One Million Dollars ($1,000,000) and shall furnish the City with a
certificate showing proof of such coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted
and authorized to do business in the State of Minnesota and shall carry a
minimum rating assigned by A.M. Best & Comyanys Key Rating Guide
of "A" Overall and a Financial Size Category of "X" (i.e., a size of
$500,000,000 to $750,000,000 based on capital, surplus, and conditional
reserves). Insurance policies and certificates issued by non-admitted
insurance companies are not acceptable.
7.4 Severability of Interest. Any deductibles or self-insured retentions must
be stated on the certificate(s) of insurance, which shall be sent to and
approved by the City. "Severability of interest" or "separation of
insureds" clauses shall be made a part of the Commercial General
Liability and Commercial Automobile Liability policies.
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® 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement
shall be in writing and delivered personally or transmitted (a) through the United
States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid
overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of
the same is followed by delivery through the U. S: mail or by overnight delivery
service as just described, addressed as follows:
if to the City.-
CITY OF ST. ANTHONY
Attn: City Manager
3301 Silver Lake Road NE
St. Anthony, MN 55418-1603
if to Metricom:
METRICOM, INC.
Attn: Network Real Estate
980 University Avenue
Los Gatos, CA 95032
8.1 Date of Notices; Changing Notice Address. Notices shall be deemed
given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, email,
or overnight delivery. Either party may from time to time designate any
other address for this purpose by written notice to the other party
delivered in the manner set forth above.
9 TERMINATION. This Use Agreement may be terminated by either party upon forty
five (45) days' prior written notice to the other party upon a default of any material
covenant or term hereof by the other party, which default is not cured within forty-five
(45) days of receipt of written notice of default (or, if such default is not curable within
forty-five (45) days, if the defaulting party fails to commence such cure within
forty-five (45) days or fails thereafter diligently to prosecute such cure to completion),
provided that the grace period for any monetary.default shall be .ten (10) days from
receipt of notice. Except as expressly provided herein, the rights granted under this
Use Agreement are irrevocable during the term.
10 AssIGNMENT. This Use Agreement shall not be assigned by Metricom without the
express written consent of the Citv, which consent shall not be unreasonably withheld,
conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and
obligations of Metricom hereunder to a parent, subsidiary, , or financially viable
affiliate of Metricom or to any successor-in-interest or entity acquiring all or
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® substantially all of Metricom's outstanding voting stock or assets shall not be deemed
an assignment for the purposes of this Use Agreement.
11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to
the obligations of the parties under this Use Agreement._
11.1 Nonexclusive Use. Metricom understands that this Use Agreement does
not provide Metricom with exclusive use of the Public Right of Way or
any Municipal Facility and that City shall have the right to permit other
providers of communications services to install equipment or devices in
the Public Right of Way and on Municipal Facilities. City agrees promptly
to notify Metricom of the receipt of a proposal for the installation of
communications equipment or devices in the Public Right of Way or on
Municipal Facilities. In addition, City agrees to advise other providers of
communications services of the presence or planned deployment of the
Radios in the Public Right of Way and/or on Municipal Facilities.
11.2 Waiver of Breach. The waiver by either party of any breach or violation of
any provision of this Use Agreement shall not be deemed to be a waiver
or a continuing waiver of any subsequent breach or violation of the same
or any other provision of this Use Agreement.
11.3 Severability of Provisions. If any one or more of the provisions of this Use
Agreement shall be held by court of competent jurisdiction in a final
judicial action to be void, voidable, or unenforceable, such provision(s)
shall be deemed severable from the remaining provisions of this Use
Agreement and shall not affect the legality, validity, or constitutionality of
the remaining portions of this Use Agreement. Notwithstanding the
foregoing, the parties agree that if a court or administrative agency of
competent jurisdiction should declare a provision(s) of Section 4 of this
Use Agreement invalid, then the parties shall each be obligated to
negotiate in good faith to amend Section 4 of this Use Agreement and if,
after one hundred and eighty (180) days from the commencement of
negotiations or such extension thereof that may be agreed by the parties,
the parties are unable to reach agreement on amendments hereto, then
this Use Agreement maybe terminated by either party.
11.4 Contacting Metricom. Metricom shall be available to the staff employees
of any City department having jurisdiction over Metricom's activities
twenty-four (24) hours a day, seven (7) days a week, regarding problems
or complaints resulting from the attachment, installation, operation,
maintenance, or removal of the Radios. The City may contact by
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® telephone the network control center operator at telephone number
(800) 873-3468 regarding such problems or complaints.
11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of the State of Minnesota,
without reference to. its conflicts of law principles. If suit is.brought by a.
party to this Use Agreement, the parties agree that trial of such action
shall be vested exclusively in the state courts of Minnesota, County of
Ramsey and Hennepin, or in the United States District Court for the
District of Minnesota.
11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement
lead to litigation, the prevailing party shall, be entitled to recover its costs
of suit up to an amount of Five Thousand Dollars ($5,000.00), including
(without limitation) reasonable attorneys' fees.
11.7 Consent Criteria. In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this Use
Agreement, such party shall not unreasonably delay, condition, or
withhold its approval or consent.
11...8 Representations and Warranties. Each of the parties to this Agreement
,represents and warrants that it has the full right, power, legal capacity,
and authority to enter into and perform the parties' respective obligations
hereunder and that such obligations shall be binding upon such party
without the requirement of the approval or consent of any other person or
entity in connection herewith, except as provided in § 3.2 above.
11.9 Amendment of Use Agreement. This Use Agreement may not be
amended except pursuant to a written instrument signed by both parties.
11.10 Entire Agreement. This Use Agreement contains the entire understanding
between the parties with respect to the subject matter herein. There are no
representations, agreements, or understandings (whether oral or written)
between or among the parties relating to the subject matter of this Use
Agreement which are not fully expressed herein.
• Right-of-Wa v Permit and Facility Use Agreement
City of St.Anthonv::Metricom,Inc.
Page 14 of 15
44
® In witness whereof, and in order to bind themselves legally to the terms
and conditions 'of this Use Agreement, the duly authorized representatives of the
parties have executed this Use Agreement as of the Effective Date.
city CITY OF ST. ANTHONY, a Minnesota municipal corporation
By:
Dennis Cavanaugh
Its: Mayor
Date: 2000
By:
Michael Mornson
Its: City Manager
Date: 2000
ATTEST:
•
Connie Kroeplin
City Clerk
Date: 2000.
Metricom: METRICOM, INC., a Delaware corporation
By:
[name typed]
Its:
Date: 12000
• Right-of-Wa v Permit and facility Use Agreement
City of5t.Anthonv::Metricom,Inc.
Page 15 of 15
45
NEWS YOU CAN USE
charge supports three hours of active data
transmission or 12 hours on the Internet.
A new se-ry se w hat Now, the "nearly" part: The Ricochet
1� network is established in only three cit-
ies—Seattle,San Francisco,and Washing-
ton,D.C.,with extensive suburban cover-
m.® ems could be age in each area.(Fora full-service map,
plus technical details, see www.ricochet
.net.)The system also works at 11 major
airports, including LaGuardia, Minne-
In a wired age the plugged in will be wireless Chicago's and Los Angeles,but not
� Chicago's O'Hare or Atlanta, the world's
JEFFREY MACMILLAN FOR USNAM two most visited airports.Expansion
BY JAMES FAI.LOWS is planned to Southern California
next year; after that, who knows?
ersonal technology is charming in "�r, The company's hopes depend on
• q` r a
its"nearly right"stage.This is when ',� ,,:� � one-by-one contracts with cities and
the product is advanced enough to x_ _; utility companies to hang its trans-
hint at its ultimate potential but not - ` ?�:`,.�:; ceivers,each the size of a bread loaf,
yet so mature as to be truly practical.The at V4-to-Y2-mile intervals. (Metri-
{scj5
Compaq computers of the early 1980s, corn's main investor is Paul Allen,
"portables"the size and weight of sewing " 'v` America's third-richest man, so in
machines, were nightmares to lug theory it can afford the expansion.)
around—but '`'' Habit-altering.If you live in one of
exciting be- the favored cities or frequent the
lagliall3m cause they right airports,is the system worth it?
implied the To me,it made enough sense to buy.
laptops someday to come.The pioneer E- The Internet connections are slower
mail network, MCI Mail, was also nearly than on an ISDN line but faster than
right. Cumbersome to operate and lack- via the phone line modems most
ing connections with any other system,it people use.Three or four seconds af-
still suggested how electronic communi- ter clicking the Ricochet icon,you're
cation could revolutionize life. on the World Wide Web.
The latest nearly right product is the Dial-up E-mail services take
Ricochet wireless modem system, from slightly longer to connect than they
publicly traded Metricom of Los Gatos, would on a phone line.But the free-
Calif.The right part is its demonstration dom to connect without a wire is as
of what truly wireless connections will habit-altering as cellular phones
mean. A proprietary Ricochet modem, Ricochet costs less to use than a cellular modem. have been. I now count on being
slightly larger than a pack of cards and able to send and receive E-mail
weighing 8 ounces,attaches to your com- do banking or other online functions) during the dead time of travel, standing
puter's serial port.It bounces radio signals through any standard dial-up network. in a line or riding in a cab.Just to be ob-
to a series of small transceivers hung from The modem itself costs $349,plus a$45 noxious,I once did so at a football game.
utility poles and street lamps around activation fee. After that the service, in- To my surprise, I find I use the modem
town;these,in turn,pass signals to an In- cluding unlimited Internet connection daily at both home and office;it frees up
ternet server.The result is to let you make time and an E-mail account,costs$29.95 a telephone line.As with the first ungain-
• reliable wireless connections to the Inter- a month.The modem works with Macin- ly Compaq,I feel I've seen a rough sketch
net at nearly 40 kbps,or send E-mail(or tosh or Windows machines. One battery of something big. ■
Abridged from U.S.NEwS&WORLD REPORT,APRIL 6, 1998 ® Printed on recycled paper.
46
Metricom
Metricom, Inc. is the leading provider of wide-area; portable wire-
less data services. The company's Ricochet Products and Services
division, headquartered in Los Gatos, California, provides portable
and desktop computer users with high-performance, cost-effective
• wireless access to the Internet, private intranets,.local-area networks,
e-mail, and other online services. The Ricochet service is currently
available in the greater San Francisco Bay Area, Seattle, and
Washington, D.C., and on several university campuses and airports
throughout the United States.
Metricom's Industrial Communications division provides both pri-
vate networks and communications services to the electric, gas, oil
and wastewater industries. For more information, call 1-800 Go-
Wireless or visit Metricom's Web site at http://www.metricom.com.
Metricom and Ricochet are registered trademarks of Metricom, Inc.
•
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An INTERTEC®/PRIMEDIA Publication MAR, 49
TELEPH ,,,- . A
www.internettelephony.com CARRIERS, CONVERGENCE &COMPETITION
®ETWORKS
cn
w
J Metricom suits up for national play
W
High speeds and flat rates differentiate operator
NANCY GOHRING
M etricom is implementing some Cahner's In-Stat Group. Cellular digi- ny had to work with 1300 munici-
changes that should make its tal packet data (CDPD) offers lower palities to gain buildout rights in
attractive concept even more data speeds, and many CDPD opera- the 14 cities where it hopes to build
attractive—to both investors and tors charge based on the volume of by the second quarter. "It's a painful
potential customers. The mobile data that users transmit, making it process," Firth said.
wireless data service provider recent- difficult for users to predict expenses. Metricom recently changed its Car-
ly tweaked its focus and soon will Until operators deploy third gen- get customer from consumers to
implement a second generation tech- erasion networks, few can compete business people, trimming some dis-
nology. It's also seeking partners to with Metricom's offering. tribution costs and continuing a
support future growth plans. "Metricom has a window of rapid rate of customer acquisition.
Ricochet II, the new technology,
will offer 128 kb/s data rates at
mobile speeds of up to 70 miles per I__E2 i
hour. The current system, which .:;. Metrocell radios
• offers 28 kb/s rates, consists of pole treet 15R {'
top radios, fixed usually on street u oles ''
lamp poles, which can only listen or j P
talk. "They can't do both simultane-
ously,"ously,"said John Wernke,senior vice
president of marketing and sales. t
.4Network
The new system, which will still
�ntercon nectton,
use the unlicensed channels in the
900 MHz frequency band,will listen Modem radio ��'fac�lrtyp�
and talk at the same time. In addi- Computer device
tion, radios will communicate with
other pole-top radios and a wireless
access point using the licensed wire- opportunity,"said Nagi Jaffery,wire- Attracting the current 27,000 cus-
less communications services spec- less analyst for Dataquest. If it can tomers with only three cities built is
trum—the 2.3 and 2.4 GHz fre- deploy widely before the 2003 time quite impressive, especially com-
quencies. "We added capacity by frame, it has a chance of being suc- pared with other data networks with
dual-banding them," Wernke said. cessful. In fact, Dataquest projects near national coverage. "Despite the
Ricochet II also will eliminate that Metricom will have 1.2 million fact that they have limited reach,
some latency issues on today's net- subscribers by 2003. they have been quite successful in
work. Currently, information hops Metricom offers service today attracting customers,"Jaffery said.
two to three times along pole tops only in San Francisco, Seattle and Metricom recently announced a
before it reaches the wireless access Washington, D.C. The company relationship with NationsBanc
point. Using the higher frequencies intends to change out the existing Montgomery Securities for assis-
allows most connections to be made slower speed systems there and tance in finding strategic partners,
with only one hop. build out in 50 cities within two mainly to obtain financing.
The new high data speeds, cou- years. That's no small feat, though. In February 1998, Paul Allen's
pled with a flat pricing scheme, sets In order to build out in a region, investment company, Vulcan
Metricom apart from competitors. Metricom must negotiate with town Ventures, invested $55.8 million in
Users pay$29.95 a month for unlim- councils for permission to hang Metricom for a 49.5% ownership.
• ited use without roaming charges. radios on utility poles. Backing by such a high-profile
"Speed and the bucket are Although Metricom has it easier investor should help convince pos-
Metricom's biggest advantage," said than traditional mobile operators sible suitors of Metricom's value,
Fran Firth, senior analyst for that must build towers, the compa- Firth said. ::
Reprinted with permission from the March 29, 1999 issue of Telephony.®
Copyright 1999, Intertec Publishing,A PRIMEDIA Company,Overland Park,KS.All rights reserved.
MONDAY,SEPTEMBER 20, 1997 TILE WALL STREET JOURM\AL R19
f
AE��.O.M
THE BUSINESS
..................................
IN THE ® ® ®
Metricom has been a big fish in the small pond of Wireless
Internet service firms. What happens as the pond gets bigger?
By DAVID P.HAMILTON wireless networks. Metricom's network z 1e. expensi•re proposition,even when each ra- gears from a technical focus to a market:
may deliver data faster than its eompeti• dio cost just under 2.000,far less than an ing focus."
tors, but it still limited geographically •-- u < s , ordinary cellular base station.As a result, Mr.Dreisbach's team decided that
Atetnrnm ha been a plop r in provrdrng wurSess Internet selvice,but Ice•sub
Is WIRELESS ly coming ACCESS I the Internet and Its subscriber base remains fairly ,cri, � r Metricom made the decision earl to limit addition to expanding their
network nS
Is finally tom[ng of age In the U.S.,It small—only 29,000 customers as of the end �' base remeinv small(subaciliers in ttioi,und;)' ;,°',,;,; ::, s:, ? its coverage
to a handful of cities a list tionuide p
.••._:•= qq the company needed to more it
may prove to be a mixed blessing for of June. Cellular providers, meanwhile, <bO ' 't that currentl•Includes only the San Fran
' one of its pioneers,Afetrtcom Inc. have announced network-upgrade plans a ' t > Y gressively target highly mobile worker
P Cisco Bay area,Seattle and Washine on, the so-called road warriors who need wi-0
These should be the best of times that could deliver data•transmisslon s g; D.C. less access wherever they go.
for Metricom, a Los Gatos, Calif., speeds rivaling those of Metricom within a ?; ? Metricom launched the Ricochet ser• Indeed,that was also one reason to YC'
company with one of the first flat- few years." vice in September 1995,and for more than celerate the development of
Ricochet;wireless Into e t services I t he na• "Wireless carriers are eyeing In- a y ear ad ded roughly 3 CO I subscribers no w sl a:ed
to begin service In m[d•200O(2i;
tion.While traditional
cellular carriers are ternet space with greed and envy,-says each quarter. By late 1997, however, 12 cities, Including New York, Dallas;
just starting to target the suddenly hot Darryl Sterling,an analyst with Yankee F, growth started to slow,because Metricom Chicago and Los Angeles.Atetricom
p14Tgj
market for wireless data, Metricom al- Group,a market-research firm In Boston. ICi
had specifically aimed its service at college to expand service to io cities by the middle
ready has an established subscriber base. By next year,analysts say,most new 10 students and professionals who needed a of 2001.
Its own dedicated wireless data technol- cellular-phone handsets Ail[handle data. - # simple and inexpensive way to send e-mail The Investment by Mr.Allen and
MCA
ogy,and a network that can handle data at at least to the extent of providing simple e- '? and surf the Web close to home.But college WorldCom not only ensures
that Metricom
spends of up to 29.8 kilobits a second, mail and two-way paging capability.And Ys s students tended to cancel their service at has the funds to complete
Ricochet 2,but
roughly twice as fast as those of Its nearest network upgrades should make it easier toJ- the end of every school year,and the local also offers the prospect of raising
its na'
competitor. use cellular phones as wireless modems for ::0 engineers and salespeople that Metricom tionwide profile. MCI WorldCom, for In:
Even better, Metricom in June re• notebook computers. .,aQ •3a,.�:1Q ..;1Q.2Q'• hoped to reach never signed on In large stance,uiII distribute the Ricochet servic?
ceivM a sway million investment from AICI Mr.Dreisbach and other Metricom offi r X98 �: t94T ; y 1999 :1999 numbers. in a nonexclusive arrangement
for five
tt'orldCom Inc.and Vulcan Ventures,an cia!s say they aren't worried about the com- SasaYrnCU,fn_ -
investment partnership headed b Mi•
petition.And anal st;generally agree tha! - ' - - r +_� That prompted same soul-searching years.
P P Y pe Y g y among company officials as capital started Mr.Allen,meanwhile.Is rumored td be
crosoft Corp.co-founder Paul Allen.That Metricom stands a good chance of estab- to run short.By September 1997,Metricom considering linking the Ricochet 2 netwot�
means Metricom finally has the support it lishing itself in the wireless world.its ser- decided to scale back its marketing of Ric- with his extensive cable-television
hot
Q
peedi to build out Its even faster next-gen• vice,designed for use with a notebook or J• whet and to marshal its resources instead ings,possibly In order to provide
cable-mon
eration network;andto market its service desktop personal computer,provides a con- 11 ireless carriers are eyel•ng the Internet or,the development of its next-generation
demusers withawireless"upstream-coii-
to road warriors across the U.S. tinuous,"always on"Internet connection, network. Ricochet 2,designed-to provide nection to the Internet that would'byplsS
"it's a great endorsement for us,'says in contrast to conventional dial-up service , data speeds of up to 129 kilobits per sec- local telephone companies.
Ale:ricomPresident Tim Dreisbach.-1i's a .that requires users to log in each time.Sub- space wah o'reed and erlily, says one a'nal1/st and—mach faster than Ricochet 1's
28.8 ,fr. Dreisbach argues that Metricom
validation of the market and the way we're scribers seem generally happy,and while kilobits and roughly twice as fast as to- will be able to keep one step ahead of
ceild`:
going to apply our technology to a nation- there still aren't many of them,Afetricom's day's Sc•kilobit modems. tar competitors,whose next speed upgrade
wide network." iconoclastic struggle to build its own dedi- Itv.Then Metricom officials hit upon the dio spectrum—one shared with garage- will take their network
speeds only up to d
Holdin
e catedwirelessdatain frastructurecouldfi- idea of creating a high-speed data network door openers•baby monitors and similar Focus on Marketind kilobit;e the Lead
per second—and probably w•otl'r
nally pay big dividends once it lights up its with their radio technology—one they short-range radio devices. So in mid•1995. Metricom's board de- deliver speeds comparable
to Ricochet?
As that market grows,however,the big next-generation network next year. would eventually name Ricochet because Meldcom could also design its network tided to bring in new
managers,including until 200?or so.
question for Metricom Is whether It can of the way the system bounced transmis- specifically to handle data,allowin;it to Mr.Dreisbach,to revamp the company's
In addition, he says, Atetricom°li
stay ahead of tom etitors who have sud• The Rise of Ricochet
P sions from radio to radio. sidestep some of the technological compro- strategy. (Metricom's former president, serving a different market by offerin,
denly awakened to the emerging opportu- Metricom's unique path to wireless That approach held several advan• raises that cellular providers are wrestling Robert Dilworth,remains
the company's high-speed wireless directly to PC users:
nitles In providing electronic mail, mes• data service is largely the consequence of a tages.Instead of buying the rights to ex- with in converting their systems to carry
chairman) "We had a lot of folks who cellular companies,by contrast,are MI
saging and even full Internet access across quirk of history.Until 1995,the company pensive chunks of radio spectrum the way data. were bright at developing the
technology." likely to focus oh more limited wireless'
was primarily In the business of building traditional cellular providers have done. However,use of the low powered ra. says John Wernke,Metricom's sales and data services
such as offerin
AlI.KUMILTON 1S A STAFF RPa&TEa Lv THE WALL short-range radio sets that beamed elec- Metricom designed its network to work in a dios meant that Atetricom had to install a
marketing chief,who joined the company quotes,maps and access to airlii
SrMC JOLT-SACS SA.•+Fhivctsco atxcvu tric•meter readings back to the local util• largely unregulated twilight zone of the ra- radio transceiver every mile or two—an
In August 1995. -But we needed to shift vation systems. E-
51
• CITY OF ST. ANTHONY
RESOLUTION 00-053
A RESOLUTION APPROVING A RIGHT-OF-WAY PERMIT
AND FACILITY USE AGREEMENT WITH
METRICOM, INC.
WHEREAS, Metricom, Inc. is proposing to bring its wireless internet service, called
Ricochet, to St. Anthony businesses and residents; and
WHEREAS, Metricom, Inc. has obtained an agreement with Northern States Power
Company (owner of the poles) to use the light and power poles; and
WHEREAS, Metricom, Inc. is requesting use of the City's right-of-ways in order to access
the light and power poles; and
WHEREAS, the City will benefit by this service by having the choice of a high-speed
wireless internet capability.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
• hereby approves a Right-of-Way Permit and Facility Use Agreement with Metricom, Inc.
Adopted this day of , 2000.
Mayor
ATTEST:
City Clerk
Reviewed by Administration:
City Manager
•
52
• MEMO
DATE: May 10, 2000
TO: Mike Mornson, City Managei
FROM: Capt. John Ohl
SUBJECT: Curfew Ordinance
On December 20, 1994, the Hennepin County Board of Commissioners adopted a
Juvenile Curfew Ordinance. This particular curfew ordinance was amended on June 27,
1995, and has been static ever since.
The Hennepin County Ordinance essentially indicated that:
• Juveniles under 12 YOA had to be home weekdays by 9:00 p.m., and Friday and
Saturday, home by 10:00 p.m.
• Juveniles ages 12 14 had to be home 10:00 p.m. on weekdays, and home by 11:00
• p.m. on Friday and Saturday.
• Juveniles ages 15 — 17 had to be home by 11:00 p.m. on weekdays, and home by
midnight on Friday and Saturday.
The Hennepin County Ordinance was different from our curfew ordinance (1105.01 &
.02) in essentially two ways. The St. Anthony Ordinance governed persons under 16
YOA, and set the curfew at 10:00 p.m. on any day of the week. Our ordinance did not
restrict 16 and 17 year olds.
Minnesota State Statute 145A.05, Subd. 7A allows for a County Board to adopt a county-
wide curfew for unmarried persons under the age of 18.
Minnesota State Statute 145A.05, Subd. 9 allows governing bodies of cities or towns to
adopt ordinances related to public health, however, these ordinances must not conflict
with or be less restrictive than ordinances adopted by the County Board within who's
jurisdiction the city or town is located. This statute gives the County Board the right to
supercede our curfew ordinance.
Our department has been enforcing the Hennepin County Curfew Ordinance, however,
our city curfew ordinance was never taken off the books. It has now been suggested that
we formally adopt the Hennepin County Curfew Ordinance. The Police Department
• would be in favor of adopting the Hennepin County Ordinance, as we'have already been
enforcing the ordinance since 1994.
53
• CITY OF ST. ANTHONY
ORDINANCE 2000-004
AN ORDINANCE RELATING TO JUVENILE CURFEW,
AMENDING SECTION 1105 OF THE 1993
ST. ANTHONY CODE OF ORDINANCES
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1105 of the 1993 St. Anthony code of Ordinances is amended pursuant to
Minnesota Statutes, Chapter 145A.07, Subd. 7A, to read in its entirety as follows:
SECTION 1105 - CURFEW
1105.01 Findings and Purpose. In recent years there has been a significant increase in juvenile
victimization and crime. At the same time, the crimes.committed by and against juveniles have
become more violent. A significant percentage of juvenile crime occurs during curfew hours.
Because of their lack of maturity and experience, juveniles are particularly susceptible to
becoming victims of older perpetrators. The younger a person is, the more likely he or she is to
be a victim of crime. While parents have the primary responsibility to provide for the safety and
welfare of juveniles, the City has a substantial interest in the safety and welfare of juveniles.
• Moreover, the City has an interest in preventing juvenile crime, promoting parental
supervision, and providing for the well being of the general public. A curfew will reduce
juvenile victimization and crime and will advance public safety, health, and general welfare.
1105.02 Definitions.
Subd. 1. Juvenile means a person under the age of 18. The term does not include
persons who are married or have been legally emancipated.
Subd. 2. Parent means birth parents, adoptive parents, and step-parents.
Subd. 3. Guardian means an adult appointed pursuant to Minn. Stat. 526.6155 or
525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat.
525.619.
Subd. 4. Responsible adult means a person 18 years or older specifically authorized by
law or by a parent or guardian to have custody and control of a juvenile.
Subd. 5. Public place means any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways, and the common
areas of schools, hospitals, apartment houses, office buildings, transport facilities, and
• shops.
54
• Ordinance 2000-004
Page 2
Subd. 6. Emergency means a circumstance or combination of circumstances requiring
immediate action to prevent property damage, serious bodily injury or loss of life.
Subd. 7. Serious bodily injury means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement, or protracted loss of impairment
of the function of any body part or organ.
Subd. 8. Establishment means any privately-owned place of business to which the public
is invited, including but not limited to any place of amusement, entertainment or
refreshment.
Subd. 9. Proprietor means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes the members
or partners of an association or partnership and the officers of a corporation.
1105.03. Prohibited Acts.
Subd. 1. It is unlawful for a juvenile under the age of 12 to be present in any public
place or establishment within the City of St. Anthony:
• a. any time between 9:00 pm on any Sunday; Monday; Tuesday; Wednesday; or
Thursday; and 5:00 am of the following day.
b. any time between 10:00 pm on any Friday or Saturday and 5:00 am on the
following day.
Subd. 2. It is unlawful for a juvenile, age 12, 13 or 14, to be present in any public place
or establishment within the City of St. Anthony:
a. any time between 10:00 pm on any Sunday; Monday; Tuesday; Wednesday;;
or Thursday; and 5:00 am of the following day.
b. any time between 11:00 pm on any Friday or Saturday and 5:00 am on the
following day.
Subd. 3. It is unlawful for a juvenile, age 15, 16 or 17, to be present in any public place
or establishment within the City of St. Anthony:
a. any time between 11:00 pm on any Sunday; Monday; Tuesday; Wednesday; or
Thursday; and 5:00 am of the following day.
• b. any time between 12:01 am and 5:00 am on any Saturday or Sunday.
• Ordinance 2000-004
Page 3
Subd. 4. It is unlawful for a parent or guardian of a juvenile knowingly, or through
negligent supervision, to permit the juvenile to be in any public place or establishment
within the City during the hours prohibited in Subds. 1, 2, and 3 of this Section.
Subd. 5. It is unlawful for a proprietor of an establishment within the City to knowingly
permit a juvenile to remain in the establishment or on the establishment's property
during the hours prohibited in Subds. ,1, 2, and 3 of this Section. If the proprietor is not
present at the time of the curfew violation, the responding officer shall leave written
notice of the violation with an employee of the establishment. A copy of the written
notice shall be served upon the establishment's proprietor personally or by certified
mail.
1105.04. Defenses.
Subd. 1. It is an affirmative defense for a juvenile to prove that:
a. the juvenile was accompanied by his or her parent, guardian, or other
responsible adult.
• b. the juvenile was engaged in a lawful employment activity or was going to or
returning home from his or her place of employment.
c. the juvenile was involved in an emergency situation.
d. the juvenile was going to, attending, or returning home from an official
school, religious, or other recreational activity sponsored and/or supervised by a
public entity or a civic organization.
e. the juvenile was on an errand at the direction of a parent or guardian.
f. the juvenile was exercising First Amendment rights protected by the United
States Constitution or Article I of the Constitution of the State of Minnesota.
g. the juvenile was engaged in interstate travel.
h. the juvenile was on the public right-of-way boulevard or sidewalk abutting the
property containing the juvenile's residence or abutting the neighboring property,
structure, or residence.
Subd. 2. It is an affirmative defense for a proprietor of an establishment to prove that:
56
• Ordinance 2000-004
Page 4
a. the proprietor or employee reasonably and in good faith relied upon a
juvenile's representations of proof of age. Proof of age may be established
pursuant to Minn. Stat. 340.503, Subd. 6, or other verifiable means, including,
but not limited to, school identification cards and birth certificates.
b. the proprietor or employee promptly notified the responsible police agency
that a juvenile was present on the premises of the establishment during curfew
hours.
1105.05. Penal .
Subd. 1. Violation of Section 1105.03, Subds. 1, 2, or 3 will be prosecuted pursuant to
Minn. Stat. 260.195 and will be subject to the penalties.thereon.
Subd. 2. Violation of Section 1105.03, Subds. 4 or 5 is a misdemeanor and will be
subject to the penalty set forth in Minn. Stat. 609.03.
Section 2. This ordinance will become effective as of the date of its publication.
iFirst Reading: June 27, 2000
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
•
57
MEMORANDUM
DATE: 519100 MEETING DATE: 5/16/00
TO: Planning Commission
FROM: Assistant City Manager Isom
RE: An Ordinance relating to zoning and planned unit developments; amending
section 1655 of the St. Anthony Code of Ordinances in its entirety.
The attached Ordinance#2000-006 is consistent with the May 4,2000 update of the critical path for planned unit
development(PUD)ordinancelprocess and Hillcrest Development's redevelopment of the Apache Plaza. Said
ordinance was drafted by the City's planning consultant(DSU)and subsequently edited by City Attorney Soth.
Stgf'Recommendation: Motion to approve Ordinance#2000-006, as proposed.
. Cc: City Clerk Kroeplin
•
58
5/5/00
CITY OF ST. ANTHONY
ORDINANCE 2000-006
AN ORDINANCE RELATING TO ZONING AND
PLANNED UNIT DEVELOPMENTS; AMENDING SECTION 1655 OF THE
ST. ANTHONY CODE OF ORDINANCES IN ITS ENTIRETY
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 1655 of the City Code is amended to read in full as follows:
1655.01 Purpose. The purpose of this Section 1655 is to provide for planned unit developments within
the City.
1655.02 Definitions.
Subd. 1. PUD. A PUD is a zoning district and development plan which may include single or
• mixed uses, and one or more lots or parcels, and which is intended to create a more flexible,
creative and efficient approach to the use of land. Any PUD shall be subject to the procedures,
standards and regulations contained in this Section 1655. A PUD site must be at least 3 acres
in size, and applications for PUD approval will not be considered for sites of less than 3 acres.
Subd. 2 Development Review Committee. The Development Review Committee shall be a
committee as appointed by the City Manager from time to time to conduct a review of all
development plans for any PUD.
Subd. 3 Sketch Plan. A Sketch Plan means an informal development plan presented by a PUD
applicant as provided in Section 1655.10, Subd. 2.
Subd. 3 Preliminary Development Plan. A Preliminary Development Plan means a formal
development plan in preliminary form presented by a PUD applicant as provided in Section
1655.10, Subd. 3, and including the requirements set forth in Section 1655.10, Subd. 5(b).
Subd. 4 Final Development Plan. A Final Development Plan means a final development plan
based upon the Preliminary Development Plan and presented by a PUD applicant as provided
in Section 1655.10, Subd. 4, and including the requirements set forth in Section 1655.10,
Subd. 5(b)(4).
•
59
Subd. 5 Developer. Developer means the owner of the Property, or a person or entity
authorized in writing by the owner of the Property to file the applications for the PUD and who
will become the owner of the Property prior to any development of the Property.
Subd. 6 Propegy. Property means all land included within the PUD.
Subd. 7 PUD Agreement. The PUD Agreement is the agreement to be entered into between
the Developer and the City to incorporate all term, requirements and conditions of the PUD
approval.
1655.03 Authorization. A PUD approval may allow the following:
Subd. 1. Vane . Within a comprehensive site design concept, a mixture of land uses, housing
types and densities.
Subd. 2. Sensitivity. Through the departure from the strict application of required setbacks,
yard areas, lot sizes, minimum house sizes, minimum requirements and other performance
standards associated with traditional zoning, a PUD can maximize the development potential of
land while remaining sensitive to its unique and valuable natural characteristics.
Subd. 3. Efficiency. The consolidation of areas for recreation and reductions in street_ lengths .
• and other utility-related expenses.
Subd. 4. Density Transfer. The project density may be clustered,basing density on a number of
units per acre in place of specific lot dimensions.
Subd. 5. District Inte rag tion. The combination of uses which are allowed in separate zoning
districts such as:
(a) Mixed residential uses to allow both densities and unit types to be varied within
the project.
(b) Mixed residential uses with increased density based upon the greater sensitivity
of PUD projects to regulation.
(c) Mixed land uses with the integration of compatible land uses within the project.
1655.04 Allowed Uses. Uses within a PUD may include only those uses generally considered
associated with the general land use category shown for the area on the official Comprehensive Land
Use Plan. However, in some unique situations,the PUD may allow the approval of use or uses that are
not listed as either permitted or conditional uses in any underlying zoning district. The specific allowed
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60
• uses and performance standards for each PUD shall be delineated in an ordinance and development
plan. The PUD development plan shall identify all the proposed land uses, which shall become
permitted uses if the Final Development Plan is approved. Any change in the uses presented in the Final
Development Plan will be considered an amendment to the PUD and must follow the procedures
specified in this Section 1655.
1655.05 Required Standards. The City shall consider a proposed PUD from the point of view of all
standards and purposes of the Comprehensive Land Use Plan to achieve a maximum coordination
between the proposed development and the surrounding uses, the conservation of woodlands and
wetlands, and the protection of health, safety and welfare of the community and residents of the PUD.
To these ends, the City Council shall consider the location of the buildings, compatibility,parking areas
and other features with respect to the topography of the area and existing natural features such as
streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets
and driveways; the adequacy and location of green areas; the adequacy, location and screening of
parking areas; and such other matters as the City Council may find to have a material bearing upon the
stated standards and objectives of the Comprehensive Land Use Plan.
1655.06 Coordination With Subdivision Regulations. If a PUD involves the subdivision of land, then
the subdivision review shall be carried out under Chapter 15 of this Code simultaneously with the
review of the PUD. The plans required under this Section 1655 shall be submitted in a form which will
satisfy the requirements of Chapter 15 for the preliminary plat and final plat.
•
1655.07 Revisions and/or Changes.
Subd. 1. Minor Changes in Location, Placement and Height. Minor changes in the location,
placement and height of structures may be authorized by the Development Review Committee if
required by engineering or other circumstances not foreseen at the time the final plan was
approved and filed with the Zoning Administrator.
Subd. 2. Significant Changes in Use, Location, Size and Height. Changes in uses, significant
changes in location, size, or height of structures, any rearrangement of lots, blocks and building
tracts, changes in provision of common open spaces and all other changes to the approved
Final Development Plan may be made only after a public hearing conducted by the Planning
Commission. Upon determination by the Development Review Committee that a major change
has been proposed, the Developer shall apply for an amended PUD. The application to amend
the PUD shall be treated as a new zoning application. Upon acceptance of a complete
application,the Planning Commission shall hold a hearing as set forth in Section 115 of this
Code. Any changes shall be recorded as amendments to the recorded copy of the Final
Development Plan
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61
® Subd. 3. Provisions of Original District Apply. All of the provisions of the zoning district within
which the PUD is established shall apply to the amended PUD except as otherwise provided in
approval of the Final Development Plan. The effective date of the PUD shall be after:
(a) Approval of the PUD amendment and text and Final Development Plan.
(b) Publication of the ordinance.
Subd. 4. Review. If substantial development has not occurred within a reasonable time after
approval of the PUD,the City Council may instruct the Planning Commission to initiate rezoning
to the original zoning district. It shall not be necessary for the City Council to find that the
rezoning was in error.
Subd. 5. Formal Review Periods. Within the PUD Agreement,the City may schedule formal
City Council review periods on an annual or less frequent basis to ascertain that actual
development on the site meets the conditions of the approved PUD.
1655.08 Phasing and Guarantee of Performance.
Subd. 1. Comparison with Approved Development Schedule. The Planning Commission shall
compare the actual development accomplished in the various portions of the PUD with the
• approved development schedule.
Subd. 2. Extension of Limits of Development Schedule. Upon recommendation of the Planning
Commission and for good cause shown by the Developer,the City Council may extend the
limits of the development schedule.
Subd. 3. Construction Rates of Dwelling and Open Space. The construction and provision of
all of the common open space and public and recreational facilities which are shown on the
Final Development Plan must proceed at the same rate as the construction of dwelling units, if
any. The Development Review Committee shall review all of the building permits issued for the
PUD and examine the construction which has taken place on the site. If they find that the rate of
construction of dwelling units is greater than the rate at which common open spaces and public
and recreational facilities have been constructed and provided,they shall forward this
information to the City Council for action.
Subd. 4. Securijy. A letter of credit in form acceptable to the City shall be required to
guarantee performance by the Developer. The amount of the letter of credit and the specific
elements of the development program that it is intended to guarantee will be stipulated in the
PUD Agreement.
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62
• 1655.09 Control of PUD Following Completion.
Subd. 1. Final Development Plan Governs. After a certificate of occupancy has been issued for
all or any portion of a PUD, the use of the land covered by the certificate of occupancy and the
construction,modification and alteration of any buildings or structures within the PUD shall be
governed by the Final Development Plan.
Subd. 2. Changes After Issuance of Certificate of Occupancy. After a certificate of occupancy
has been issued for all or any portion of a PUD, no changes shall be made in the approved
Final Development Plan except upon application as provided below:
(a) Any minor extensions, alterations or modifications of existing buildings or
structures may be authorized by the Development Review Committee if they
are consistent with the purposes and intent of the Final Development Plan.No
change authorized by this Section may increase the mass or volume of any
building or structure by more than 10%.
(b) Any building or structure that is totally or substantially destroyed may be
reconstructed only in compliance with the Final Development Plan unless an
amendment to the Final Development Plan is approved under this Section
1655.
•
(c) Changes in the use of the common open spaces may be authorized by an
amendment to the Final Development Plan by the City Planning Commission
after a public hearing as provided in Section 115 of this Code and without all
the documents.necessary for the original application.
(d) Any other changes in the Final Development Plan must be authorized by an
amendment of the Final Development Plan under this Section 1655.
1655.10 Procedure for Processing g PUD.
Subd. 1. Application Conference. Upon filing of an application for a PUD,the Developer shall
arrange for and attend a conference with the Development Review Committee. The primary
purpose of the conference shall be to provide the Developer with an opportunity to gather
information and obtain guidance as to the general suitability of Developer's proposal for the
area for which it is proposed and its conformity to the provisions of this Section 1655 before
incurring substantial expense in the preparation of plans, surveys and other data.
Subd. 2. Sketch Plan. The sketch plan provides an opportunity for an applicant to submit an
informal plan to the City showing the applicant's basic intent and general nature of the
• -5-
63
• development. The sketch plan is optional and is intended to provide feedback from the Planning
Commission before the applicant incurs substantial cost in the preparation of formal plan s. The
Sketch Plan shall be considered a partial, incomplete application prior to formal submittal of the,
complete application and scheduling of hearings.
Subd. 3. Preliminary Development Plan. The purpose of a Preliminary Development Plan is to
formally present a PUD application, and a preliminary plat application if subdivision of land is a
part of the PUD, in a public hearing before the Planning Commission as set forth in Section 115
of this Code. The plan shall include the following:
(a) Overall maximum PUD density range.
(b) General location of major streets and pedestrian ways.
(c) General location and extent of public and common and open space.
(d) General location of residential and nonresidential land uses with approximate
type of intensities of development.
(e) Staging and time schedule of development.
• (f) Other special criteria for development.
Subd. 4. Final Development Plan. Following approval of the Preliminary Development Plan, the
applicant shall submit an application for the Final Development Plan, and a final plat if
subdivision of land is a part of the PUD. The application shall proceed and be acted upon in
accordance with 1655.03 for zoning district changes. If appropriate, because of the limited
scale of the proposal,the Development Review Committee may permit the Preliminary
Development Plan and Final Development Plan to proceed through the review and approval
processes simultaneously.
Subd. 4. Procedures. The procedures to be followed by the applicant with respect to a PUD, shall be
as follows:
(a) Schedule:
(1) Developer shall meet with the Development Review Committee to discuss the
proposed developments.
(2) The Developer shall file the Preliminary Development Plan application and
preliminary plat, if any,together with all supporting data.
•
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64
(3) Within 30 days after verification by the City Manager that the required plan and
supporting data is adequate,the Planning Commission shall hold a public
hearing as provided for in Section 115 of this Code.
(4) The Planning Commission shall conduct the hearing and report its findings and
make recommendations to the City Council. The procedure shall be that set
forth in Section 115 of this Code.
(5) The City may request additional information from the Developer concerning
operational factors or retain expert testimony.at the expense of the Developer
concerning operational factors.
(6) If the Planning Commission fails to take action on the matter on or before a
date 14 days after the initial hearing, then the City Council may proceed as
provided for in Section 115 of this Code without the Planning Commissions
recommendation. The City Council shall assign an ordinance numerical
reference to each Final Development Plan and PUD Agreement text approved.
The City Council may attach such additional conditions as it deems reasonable.
Approval shall require a four-fifths (4/5) vote of the entire City Council. After
approval by the City Council, the PUD zoning ordinance map amendment shall
be published, with.reference made to the PUD Agreement text. The Developer
• shall be responsible for recording the ordinance and PUD agreement in the
office of the Hennepin or Ramsey County Recorder and/or Registrar of Titles
prior to issuance of any building permit or within 60 days, whichever is less.
The official PUD ordinance and PUD Agreement shall also be filed in the City
Manager's office.
(b) Application: Ten copies of the Preliminary Development Plan, including all of the
following exhibits, analyses and plans, shall be submitted to the City:
(1) Preliminary plat for any land being subdivided and information required by
Chapter 15 of this Code.
(2) General Information:
A. The landowner's name and address and the landowner's interest in the
Property.
B. The Developer's name and address if different from the landowner.
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65
C. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including attorney, land planner, engineer and surveyor.
D. Evidence that the Developer has sufficient control over the Property to
effectuate the proposed PUD, including a statement of all legal,
beneficial,tenancy and contractual interests held in or affecting the
Property and including an up-to-date certified abstract of title or
registered property report and such other evidence as the City Attorney
may require to show the status of title or control of the Property.
E. Evidence that the Property is not less than 3 acres in area.
(3) Present Status:
A. The address and legal description of the Property.
B. The existing zoning classification and present use of the Property and
all lands within 1,000 feet of the Property.
C. A map depicting the existing development of the Property and all land
• within 1,000 feet thereof and indicating the location of existing streets,
property lines, easements, water mains and storm and sanitary sewers,
with invert elevations on and within 100 feet of the Property.
D. A written statement generally describing the proposed PUD and the
market which it is intended to serve and its demand showing its
relationship to the City's Comprehensive Plan and how the proposed
PUD is to be designed, arranged and operated in order to permit the
development and use of neighboring property in accordance with the
applicable regulations of the City.
E. Site Conditions' Graphic reproductions of the existing site conditions at
a scale of one inch equals 100 feet.
1. Contours; minimum two-foot intervals.
2. Area devoted to residential use by building type.
3. Area devoted to common open space.
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66
® 4. Area devoted to public open space.
5. Approximate area devoted to streets.
6. Approximate area devoted to, and number of, off-street
parking and loading spaces and related access.
7: Approximate area and floor area devoted to commercial,uses.
8. Approximate area and floor area devoted to industrial or office
use.
9. Total area of the Property.
F. When the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, a schedule for the
development of such stages or units shall be submitted stating the
approximate beginning and completion date for each stage or unit and
the proportion of the total PUD public or common open space and
dwelling units to be provided or constructed during each stage and
overall chronology of development to be followed from stage to stage.
G. When the proposed PUD includes provisions for public or common
open space or service facilities, a statement describing the provision
that is to be made for the care and maintenance of such open space or
service facilities.
H. Any restrictive covenants that are to be recorded with respect to
Property included in the proposed PUD.
I. Schematic utilities plans indicating,placement of water, sanitary and
storm sewers.
J. The City may excuse a Developer from submitting any specific item of
information or document required in this stage which it finds to be
unnecessary to the consideration of the specific proposal.
K. The City may require the submission of any additional information or
documentation which it may find necessary.
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67
• (4) The Final Development Plan submission should depict and outline the proposed
implementations of the Preliminary Development Plan for the PUD. Information
from the Preliminary Development Plan may be included for background and to
provide a basis for the submitted plan. The Final Development Plan submissions
shall include, but not be limited to:
A. A final plat for any land to be subdivided and information required by
the Chapter 15 of this Code.
B. Ten sets of preliminary plans drawn to a scale of not less than one inch
equals 100 feet(or other scale requested by the City Manager)
containing at least the following information:
1. Proposed name of the development, which shall not duplicate
nor be similar in pronunciation to the name of any plat
previously recorded in the county where the Property is
situated.
2. Property boundary lines and dimensions of the Property and
any significant topographical or physical features of the
Property.
3. The location, size use and arrangement including height in
stories and feet and total square feet of ground area coverage
and floor area of proposed buildings, including mobile homes;
and existing buildings which will remain, if any.
4. Location, dimensions of all driveways, entrances, curb cuts,
parking stalls, loading spaces and access aisles, and all other
circulation elements including bike and pedestrian; and the total
site coverage of all circulation elements.
5. Location, designation and total area of all common open space.
6. Location, designation and total area proposed to be conveyed
or dedicated for public open space, including parks,
playgrounds, school sites and recreational facilities.
7. Proposed lots and blocks, if any and numbering system.
is -10-
6
® 8. The location, use and size of structures and other land uses on
adjacent properties.
9. Detailed sketches and provisions of proposed landscaping.
10. General grading and drainage plans for the developed PUD.
11. Any other information that may have been required by the
Planning Commission or County Board in conjunction with the
approval of the Preliminary Development Plan.
C. An accurate legal description of the entire area within the PUD for
which Final Development Plan approval is sought.
D. A tabulation indicating the number of residential dwelling units and
expected population.
E. A tabulation indicating the gross square footage, if any, of commercial
and industrial floor space by type of activity (e.g. drug store, dry
cleaning, supermarket).
• F. Preliminary architectural "typical" plans indicating use, floor, plan,
elevations and exterior wall finishes of proposed building, including
mobile homes.
G. A detailed site plan, suitable for recording, showing the physical layout,
design and purpose of all streets, easements, rights of way, utility lines
and facilities, lots,block,public and common open space, general
landscaping plan, structure, including mobile homes, and uses.
H. Preliminary grading and site alteration plan illustrating changes to
existing topography and natural site vegetation. The Final Development
Plan should clearly reflect the site treatment and its conformance with
the approved Preliminary Development Plan.
I. A final plat prepared in accordance with Chapter 15 if land is being
subdivided.
J. A soil erosion control plan acceptable to watershed districts,
Department of Natural Resources, Soil Conservation Service, or any
• -11-
69
• other agency with review authority clearly illustrating erosion control
measures to be used during construction and as permanent measures.
Section 2. This ordinance shall be in effect as of the date of its publication.
First Reading: 5/2,3/0.0
Second Reading: 6/13/00,.
Adopted: . 6/27/00
Mayor
ATTEST:
City Clerk
Published: St. Anthony Bulletin:
-12-
X. REPORTS FROM COMMISSIONS AND STAFF.
• Planning Commission - June 20, 2000
• 4004 Fordham Drive
• 2801 - 37"-Avenue NE
• Ordinance 2000-003
• Preliminary plan for Apache Plaza
• Peter Willenbring, WSB & Associates, Inc.
• Resolution 00-055
• Resolution 00-056
• City Manager
•
7®
1 CITY OF ST. ANTHONY D 0
2 PLANNING COMMISSION MEETING MINUTES
• 3 JUNE 20, 2000
4 7:00 p.m.,
5 . CALL TO ORDER.
6 The meeting was called to order at 7:00 p.m:
7 PLEDGE OF ALLEGIANCE.
8 Chair Bergstrom invited the Commission and audience to join in the Pledge of Allegiance.
9 ROLL CALL.
10 Present: Chair Bergstrom; Commissioners Tillmann, Hanson, Thomas,
11 Melsha, Hatch, and Stille.
12 Commissioners absent: None.
13 Also present: Spencer A. Isom, Assistant City Manager.
14 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE
15 FOLLOWING ITEMS:
16 None.
17 I. PUBLIC INPUT.
18 Chair Bergstrom invited anyone from the .audience to provide general input to the Planning
*9 Commission. Hearing no response, Chair Bergstrom moved forward with the Agenda.
20 II. MINUTES.
21 Motion by Tillmann,second by Melsha,to approve the May 16,2000 Planning Commission meeting
22 minutes with the following changes.
23 Page 3, Line 19, change "Stille" to "Melsha."
24 Page 11, Line 7, change "watershed"to "renovation of older homes."
25 Motion carried unanimously.
26 III. COMMUNICATION FROM CITY COUNCIL.
27 None.
28 IV. REQUESTS FOR POSTPONEMENTS OR WITHDRAWALS OF APPLICATIONS.
29 None.
30 V. NEW APPLICATIONS/PUBLIC HEARINGS.
31 1. Public Hearing, 4004 Fordham Drive Lot Width and Lot Area Variance Request. '
32 Chair Bergstrom opened the Public Hearing at 7:05 p.m. Bergstrom requested a report from
33 Staff.
04 Assistant City Manager Spencer Isom reviewed for the Commission that David and Pauletta
35 Sperry were again seeking a variance for their property at 4004 Fordham Drive. The
71
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1 Commission and City Council have previously heard (May 18 and May 25, 1999) and granted the
2 Sperry's request for a variance. However,the variance has expired because the variance is only
3 in effect for one year. City Attorney Soth has advised Staff that the Sperry's must complete a
4 new Petition for variance and begin the process anew. A Concept Review on this matter was
5 held at the May 16, 2000 Planning Commission Meeting.
6 Chair Bergstrom invited Mr. and Mrs. Sperry to address the Commission. Mr. Sperry, 4004
7 Fordham Drive, said he was in attendance to ask for a lot width and area variance and reiterated
8 that the issue had been reviewed at an earlier Planning Commission meeting in May 2000. Mr.
9 Sperry presented a depiction of the proposed plan and he reviewed in detail for the Commission
10 the specific plans in mind.
11 Melsha inquired if Mr. Sperry had received additional neighborhood input from last year about
12 the project. Mr. Sperry stated that he had not received any objections.
13 Bergstrom thanked Mr. Sperry and invited anyone else in the audience to speak.
14 In*,that respect, Bob Graham, 4024 Fordham Drive, addressed the Commission and mentioned
15 that the City Council had made a promise not to issue variances until the flooding issue has been
16 resolved. He mentioned that the Commission had issued several variances since that time and he
17 was.concerned about the health and safety of the residents when heavy rains are experienced and
18 flooding has occurred.
19 Jeff Amolds, 4009 Shamrock Drive, would like for the Sperrys to keep in mind a water
20 management plan for the stormwater runoff. He stated that he hoped that the Sperrys would
21 possibly implement some landscaping to help resolve any pooling of water.
22 Asking for any additional input from the audience and hearing none, Chair Bergstrom closed the
23 Public Hearing at 7:14 p.m.
24 Chair Bergstrom asked for comments from the Commissioners.
25 . Thomas commented that the Planning Commission has addressed the flooding issue. Bergstrom
26 commented that the Planning Commission has been asking residents to infiltrate the water runoff
27 into their yards to help alleviate the storm water issue. Bergstrom said the City is going to great
28 lengths in constructing and redesigning the City's stormwater runoff to move away from the City,
29 but at this time, the City is requesting that residents try to direct the stormwater into yards.
30 Bergstrom acknowledged that the variance request of the Sperrys had been previously approved,
31 and basically the request before the Planning Commission was an extension of time for Mr. and
32 Mrs. Sperry. Additionally, Bergstrom stated that the City has a commitment to provide a 100-
33 year flood protection for every resident in the City.
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1 Motion by Stille, second by Thomas, to approve a 15-foot lot variance and a 1,015 lot coverage
2 variance due to the following reasons: (1)the property cannot be put to reasonable use with the
3 current zoning; (2) the lot is unique in nature (3)the landowner did not cause the uniqueness; and
4 (4) the-variance will be in the spirit of the Zoning Code and will not alter the surrounding
5 environment.
6 Motion carried unanimously.
7 Bergstrom reminded the Sperrys that this issue would before the City Council on June 27, 2000.
8 He would encourage Mr. and Mrs. Sperry to attend the meeting to answer questions.
9 2. Public Hearing: AT&T Wireless for 2801 37th Avenue NE.
10 Chair Bergstrom opened the Public Hearing at 7:20 p.m.
11 Chair Bergstrom requested a report from Staff. Assistant City Manager Isom stated that AT&T
12 Wireless Services was applying for a Conditional Use Permit to allow for a new 75-foot cellular
13 monopole to be placed on an industrial zoned property at 2801 37th Avenue NE. AT&T has
14 obtained permission from the owner of the property, who was present at the meeting. This would
15 be the second such monopole on this property, with the first being owned by US West Wireless
16 Services.
17 Bergstrom invited Julie Townsend, AT&T Wireless, to address the Commission. Ms. Townsend
18 stated that she was present to request a conditional use permit on behalf of AT&T Wireless
19 Services, to allow for a 75 foot monopole at the property located at 2801 37th Avenue NE. She
20 stated she had brought pictures as requested at the Concept Review in May, and in that respect,
21 she showed the photographs for the Commissioners to review.
22 Ms. Townsend stated that the proposed equipment building is expected to be 12" x 28" and
23 would be made of a material that will match the building and can be painted the same color. The
'24 monopole would be standing next to the equipment shelter. The shelter and monopole can be
25 situated to meet any setback requirements to the real property line. The assumed property line is
26 along a fence, so a variance was not needed.
27 Thomas inquired if there had been any further discussion about building a tower that was 100
28 foot tall, or the possibility of building a pole of 75 feet, with the capacity to add on an additional
29 25 feet. This would be in the case that any other wireless services wished to place a monopole in
30 the area.
31 Melsha inquired if any further discussions had been achieved with US West about co-locating the
32 monopole. Ms. Townsend said discussions did continue,but a standstill was reached.
33 Chair Bergstrom called for any input from the audience, and hearing none, closed the Public
04 Hearing at 7:30 p.m.
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1 Bergstrom commented that he felt it was a positive step that AT&T Wireless was willing to
2 construct a larger pole than it needed in the case that the pole needed to be added onto at a future
3 . date.
4 Stille mentioned that at the last meeting, Commissioner Melsha had expressed an opinion that
5 the two organizations (US West and AT&T Wireless) should be able to work together in regard
6 to the placement of the monopole. Bergstrom acknowledged that this was a good possibility;
7 however, due to the fact that there was a specific request before the Commission from AT&T,
8 the Commission needed to move forward on this issue.
9 Isom stated that he was not aware of any requirements in the Conditional Use Permit that
10 incorporated rules in relation to companies working together.
11 Melsha said that placing any conditions with respect to working with US West regarding the
12 placement of the AT&T pole was not an option as this point, but placing certain conditions could
13 be considered for future requests. An example would be a condition of the CUP could be for the
14 parties to submit the request to arbitration if an agreement could not be reached.
15 Motion by Hanson, second by Thomas, to approve the Conditional Use Permit for AT&T
16 Wireless Services to build a new 75-foot monopole based on the following conditions: (1)the
•17 monopole must be constructed that an additional 25-foot segment could.be added in the future to
18 allow for another communications company to use the pole; and (2)the coloration of the pole
19 and accompanying equipment shelter must match the existing structure as closely as possible.
20 Motion carried unanimously.
21 Bergstrom reminded Ms. Townsend that this issue would be before the City Council at the
22 meeting on June 27, 2000, and he encouraged her to be at the meeting to answer any questions.
23 3. Public Hearin: An Ordinance amendment relating to Lot Coverage and Building to Land
24 Ration.
25 Chair Bergstrom opened the Public Hearing at 7:35 p.m.
26 Chair Bergstrom asked for a report from Staff. Assistant City Manager Isom stated that this item
27 originated with the Planning Commission, and was brought before the City Council on May 9,
28 2000. At that point, Mayor Cavanaugh directed Staff to return the issue to the Planning
29 Commission for official approval. If approval to the Ordinance is given by the Planning
30 Commission,the issue will return to the City Council on June 27, 2000.
31 Isom requested that Commissioner Tillmann provide a brief summary. Tillmann stated that the
32 lot coverage ordinance was proposed to change in two ways: (1) decks would not be included as
33 part of the lot coverage ratio if the surface of the deck and the area below the deck was a pervious
•34 surface; and (2) to create a two-tier lot coverage limit. In this respect, lots over 9,000 square feet
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I. would retain the current 35% lot coverage ratio, and the lot coverage ratio would increase to 40% .
2 for lots at or under 9,000 square feet.
3 Tillmann continued by stating that an area would be added to the application for a building
4 permit that would require the applicant to specify a stormwater management plan for the project.
5 This specification needs to only be a short paragraph. Additionally,the applicant would be
6 provided with stormwater education materials.
7 Bergstrom called for input from the audience, and hearing none, closed the Public Hearing at
8 7:39 p.m.
9 Motion by Stille, second by Melsha, to approve Ordinance 2000-003, an Ordinance Relating to
10 Lot Coverage and Building to Land Ratio, amending Sections 1605 Subd. 44(a) and 1615.05,
11 Subd. 8 of the 1993 St. Anthony Code of Ordinances.
12 Motion carried unanimously.
13 4. Public Hearing: Hillcrest Development's Preliminary Development Plan.
14 Chair Bergstrom opened the Public Hearing at 7:40 p.m.
15
6 Chair Bergstrom requested a report from Staff. Assistant City Manager Isom stated that Staff has
7 been working with Dahlgren, Shardlow, and Uban (Consulting Planners) regarding the Hillcrest
18 Development renovation of Apache Plaza. As explained in a memorandum in the Commission's
19 packets, Hillcrest Development has made an application for a Rezoning and Planned Unit
20 Development for Apache Plaza and certain surrounding properties to allow for the
21 redevelopment of the site as a commercial mixed use development. Specifically,the applicant
22 proposes to redevelop the former Apache Plaza Shopping Center building for use by a mix of
23 tenants to include high technology office, general office, warehouse, light industrial and some
24 accessory retail uses, along with a future community space.
25 Bergstrom invited Anthony Gleekel, counsel for Hillcrest Development,to address the
26 Commission. Mr. Gleekel stated that the application has been resubmitted, but was the same in
27 many ways. For example,the exhibits are the same, but some of the narrative of the application
28 had changed. Mr. Gleekel stated that Hillcrest planned on meeting or exceeding the code
29 requirements raised, and a more specific landscape plan and detailed sizes, types of plantings and
30 then a phasing schedule that is being discussed will be more finalized in the future.
31 In regard to signage, Mr. Gleekel stated that Hillcrest has not finalized a signage plan, but will
32 coordinate the plan with existing ordinances.
33 Mr. Gleekel stated that the stormwater drainage issue is an on-going discussion, but that Hillcrest
34 has the same commitment to resolve this issue in the most satisfactory manner possible. He
05 reiterated Hillcrest Development's commitment to meet and/or exceed the existing code
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1 requirements. The timing, however, would need to be negotiated to construct the stormwater
2 improvement.
3 Bergstrom asked Mr. Gleekel to highlight the specific changes with regard to the application.
4 Mr. Gleekel said there has not been any substantive changes, except the traffic analysis, which
5 was included with the Commission packet. Mr. Gleekel stated that he would assure the
6 Commission that the document in question had addressed the issue of the New Market site as
7 was discussed at a prior meeting.
8 Bergstrom thanked Mr. Gleekel for his input and presentation.
9 Bergstrom invited Ms. Ellen Berkelhamer, Senior Planner, Dahlgren, Shardlow, and Uban, Inc.
10 to address the Commission.
11 Ms. Berkelhamer began by reviewing that the proposed uses for the site are a land-use
12 designation for mixed uses. In other words, all of the uses designated for that category-would
13 apply and could be permitted. Hillcrest has submitted a list of uses that they would like to
14 develop a tenant base with, which was predominately general office tenants, and this is the
15 avenue Hillcrest would pursue. However, she stated that Hillcrest would like the opportunity to
16 build the space with other low-impact commercial uses in the case that general office is not
7 obtained.
18 She directed the Commission's attention to her memorandum of June 12, 2000, wherein the
19 recommendations of DSU were set forth on page 5, numbers 1 through 12.
20
21 Ms. Berkelhamer stated that stormwater is a significant issue and that Hillcrest is going beyond
22 what is required in terms of the site. Additionally, Hillcrest is working with an engineer and the
23 Watershed District.
24 Stille inquired about Ms. Berkelhamer's earlier comment that DSU would recommend removal of
25 the pylon sign. Ms. Berkelhamer stated that it was simply DSU's recommendation for a
26 monument sign as opposed to a pylon sign, as an aesthetic preference. However, Hillcrest had
27 not submitted a signage plan to date.
28 After calling for any comments from the audience with relation to this issue and hearing none,
29 Chair Bergstrom closed the Public Hearing at 8:05 p.m.
30 Hatch had a concern about some of the permitted uses as it related to noise issues and traffic
31 patterns. Bergstrom said some of those concerns would be covered under the Performance
32 Standards, and a traffic report would shed some light on the traffic patterns.
33 Motion by Thomas, second by Hanson,to approve the application for rezoning from C-1 to
04 Planned Unit Development(PUD) and for approval of the Preliminary PUD Plans, subject to
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1 Condition Nos. 1-12 as contained in the DSU memorandum of June 12, 2000 and incorporated .
2 herein by reference, as well as the information contained in the revised application package.
3 Motion carried unanimously.
4 Chair Bergstrom noted that this issue would be before the City Council at the meeting on
5 Tuesday, June 27, 2000 and he encouraged Hillcrest Development and related parties to attend
6 the meeting to answer questions and provide any information necessary.
7 5. Public Hearing: Tax Increment Financing Plan for Apache Plaza.
8 Chair Bergstrom opened the Public Hearing at 8:20 p.m.
9
10 Chair Bergstrom invited Mr. Steinman, Springsted, Public Finance Advisors, to address the
11 Commission. Mr. Steinman distributed an updated memorandum from what was presented in the
12 Commission's agenda packets.
13 Mr. Steinman continued by reviewing the memorandum in detail with the Commission, and the
14 Tax Increment Financing (TIF) plan for the property/site known as the Apache Plaza.
15 Thomas inquired of Mr. Steinman if any thought had been given to expanding the District over to
•6 Stinson. Mr. Steinman stated that he was not aware of any discussions to that effect.
17 Bergstrom inquired of Mr. Steinman if this project would affect the bond rating of the City; and
18 additionally he inquired about the worst case scenario financially for the City if the project goes
19 through as proposed.
20 Mr. Steinman stated that, as the concept is proposed, it does not include bonding for any portion
21 of the project. Bonding would be a limited possibility. Mr. Steinman stated that as far as a
22 financial risk to the City on this project, the risk was very low to the City.
23 Charles F. Habiger, representing the owners at 3813 Stinson Boulevard, approached the
24 Commission. One of the issues that his clients would like to address is that they would not be
25 opposed to having the TIF District extended to include their site, but that there are historic
26 drainage patterns that affect their site.
27 Bergstrom directed Staff to work with Mr. Habiger on obtaining additional information with
28 regard to the issue.
29 After calling for additional input from the audience and hearing none, Chair Bergstrom closed
30 the Public Hearing at 8:37 p.m.
0 1 Motion by Melsha, second by Bergstrom,to approve the Tax Increment Financing (TIF) concept
2 as presented to the Planning Commission by Springsted, Public Financial Advisors.
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I Motion carried unanimously.
2 VI. POSTPONED APPLICATIONS.
3 None.
4 Chair Bergstrom called for a recess at 8:35 p.m.
5 VII. REPORTS, PRESENTATIONS AND/OR CONCEPT REVIEWS.
6 Chair Bergstrom called the meeting to order at 8:45 p.m.
7 1. Concept Review: 2801 37th Avenue NE.
8 Chair Bergstrom asked for a report from Staff. Assistant City Manager Isom reported that Mr.Ken
9 Solie, Owner of Village Properties, seeks to(1) Subdivide the land associated with Lot 2,Block 1,
10 Apache Plaza 3rd Addition; (2) Subdivide the land associated with Lot 1, Block 1, apache Terrace
11 Addition; and (3) Combine the original parcels remaining after the subdivisions into one lot. All
12 land in question is presently zoned Ll. The existing industrial building will be on the combined lot.
13 Mr. Solie's intent is to sell the two outer lots.
14 Isom continued by stating that City Attorney Soth had been contacted to review this issue, and that
15 Mr.'Soth had recommended a Declaration of Restrictions Agreement. Such an agreement would
6 state,in essence,that the City would approve of the combining of the lots and that the Owner would
17 take that information to the County.
18 Isom introduced Mr. Ken Solie, owner of Village Properties, and invited him to approach the
19 Commission. Mr. Solie stated that he is proposing to subdivide and recombine the land associated
20 with the Industrial Custom Products building at 2801 37th Avenue NE. Mr. Solie stated that with
21 reference to the proposed subdivisions, he is currently leasing a strip of land to the north of the
22 existing building from the CP Railroad to provide convenience parking for tenant employees. This
23 lease has been in place since at least 1979 and discussions with the railroad indicate that it is not
24 likely that the lease would ever be terminated. If it were terminated, however, he would have a
25 difficult time providing on site parking according to the Ordinance.
26 Consequently, Mr. Solie stated that at worst case, he would be forced to buy the land from the
27 railroad. Various discussion ensued regarding required parking spaces and City ordinance, and
28 options depending upon the outcome of discussions with the railroad.
29 In response to a comment by Hatch regarding the Livable Communities Grant,Bergstrom explained
30 to the audience that the City has submitted a grant request to do a future land study for a large area,
31 but that the City is not targeting any particular parcel. Additionally the Metropolitan Council has
32 grant programs for doing long-term studies. Both of these properties are inside the area,but have
33 not been specifically targeted by the study.
•
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June 20,
Page 9 2000
g DRAFT
1 Bergstrom noted that Mr. Solie's next step was to coordinate with Assistant City Manager Isom to
2 move forward with the project. The issue would probably be on the Planning Commission's agenda
3 for next month.
4 Chair Bergstrom thanked Mr. Solie for the concept review and presentation.
5 2. Concept Review: 2501 37th Avenue NE.
6 Chair Bergstrom requested a report from Staff. Assistant City Manager Isom reported that the
7 applicant, Dr. Terry Rapacz, was seeking to expand his clinic by purchasing a proposed parcel of
8 land from Mr. Ken Solie, Owner of Village Properties.
9 In this respect, Mr. Art Brown, Prudential Real Estate, approached the Commission and presented
10 the detailed plans for the expansion of Apache Animal Hospital.
11 Jeff Agnes, architect, approached the Commission and reviewed in detail the plans presented. His
12 presentation depicted a 4,000 to 5,000 foot building, and stated that Dr. Rapacz was considering
13 using some residential features for the building in order to coordinate with the residential character
14 of the surrounding area. In that respect, Mr. Agnes presented an artist's rendering of the proposed
15 building, which incorporated certain residential features into the exterior.
0116 Bergstrom acknowledged that he was in support that the design was of a residential nature,and he
17 is pleased that there would not be any significant grading in the area.
18 Isom noted that currently the Commission is simply looking at rezoning the property and to
19 combining the lots. Once discussions have been accomplished with the railroad, additional
20 information will be obtained and a return to the Commission would be in order.
21 Various discussion ensued about additions to existing buildings that have been grandfathered into
22 the existing Code.
23 Thomas inquired of Mr.Agnes if decorative lighting was planned for the building. Mr.Agnes stated
24 that lighting is part of the architecture planned and that Dr. Rapacz would enjoy working with the
25 City on attractive and decorative lighting to compliment what the City has planned for the area.
26 Thomas inquired if the City needed to be concerned about a building-to-lot ratio. Bergstrom
27 confirmed that required was only for residential property.
28 Bergstrom encouraged Dr. Terry Rapacz and his staff to work with Spencer Isom in implementing
29 the proposed project.
30 3. Concept Review: 3259 Stinson Boulevard.
•31 Chair Bergstrom asked for a report from Staff.
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1 Assistant City Manager Spencer Isom reported that the applicant,Tony Farah,was seeking to expand
2 the building at 3259 Stinson Boulevard onto the adjacent lot at 3245 Stinson Boulevard. Therefore,
3 said expansion requires a petition for rezoning of 3245 Stinson Boulevard from R2 to C. In addition,
4 the lots should be combined via a "Declaration of Restrictions" agreement as drafted by the City
5 Attorney. Staff has attempted to contact the owner regarding the content of the submittal, but was
6 not successful. In addition, the applicant, Tony Farah, was not in attendance at the Commission
7 meeting.
8 Bergstrom noted that this issue would be tabled.
9 4. Concept Review: 2654 Kenzie Terrace.
10 Chair Bergstrom requested a report from Staff.
11 Assistant City Manager Spencer Isom noted that James Abbott, Associate Pastor, had submitted a
12 June 12 communication (in Commission agenda packets) for locating the Frontline Church and
13 Outreach Center in the commercial property at 2654 Kenzie Terrace. The relocation would require
14 a petition for amendment of the zoning ordinance (adding a church as a conditional use in a C
15 district) and permit for conditional use. The Church does not own the property; therefore, they
16 cannot serve without the written permission from the owners, as the applicant.
•17 Bill Arrigoni, Senior Pastor of Frontline Church, was introduced and invited to approach the
18 Commission.
19 Mr.Arrigoni stated that the Church had secured a purchase agreement of the property. Mr.Arrigoni
20 presented a sketch of the current building and surrounding area. Additionally, various information
21 regarding the Church was distributed to the Commissioners for review. The Church is currently
22 located in Roseville. Mr. Arrigoni stated that there would be extensive landscaping to the existing
23 building, as well as a significant amount of renovation. There would not be any curb cuts, as there
24 are some currently on the property. On the southwest corner,brickwork would be instituted to give
25 the building a pleasing appearance. A street-side sign would be located by the entrance from Kenzie
26 Terrace. The northeast corner of the building would also be used for an entrance, but would be
27 considered the back of the building and additional landscaping would be implemented to spruce up
28 the property.
29 In response to Mr. Stille's question regarding parking, Mr. Arrigoni stated that the Church's total
30 membership, including children, would be at approximately 150. Additionally,the interior of the
31 building would seat approximately 240, so adequate parking was currently in place. If additional
32 parking was needed in the future,the Church would investigate other sources.
33 Stille inquired about funding for the renovation,and Mr.Arrigoni responded that they have a funding
34 source in place through the Church's bank. The monies are in place and the renovation could begin
35 soon.
Planning Commission Meeting Minutes so
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1 Mr.Arrigoni said the target date for closing is November 1 and he would consider a minimum of 90
2 days for renovations. The earliest occupation date for the building, depending upon certain
3 circumstances, would be February, 2001.
4 Thomas inquired if the proposed street sign would be in the right of way. Mr. Arrigoni said the
5 Church is working with a sign person and the Church would stay within the required Codes in
6 relation to the sign. Mr.Arrigoni stated he is aware that the Codes are for the safety of the residents
7 and the Church has-every intention of following the Codes to the greatest extent.
8 Hanson inquired if Mr. Arrigoni had a concern about the front door of the Church being in close
9 proximity to the street. Mr. Arrigoni stated that he believed the front door is 30-35 feet from the
10 street,but a possibility would be to close the door off with some landscaping. Mr. Arrigoni stated
11 the issue had not been considered by the Church at this point, but in response to the concern, the
12 Church would be interested in hearing suggestions.
13 Mrs. Lisa Arrigoni pointed out that there was a ramp along the front of the building complete with
14 landscaping that could help to alleviate the concern about the close proximately to the street.
15 Bergstrom noted that City ordinances do not include Churches in commercial districts because the
16 City has felt that Churches and commercial districts do not support each other. The City is looking
7 to provide land use that is both compatible and supportive of the other uses. Bergstrom stated that
18 both entities stand independent, and that since the property is zoned commercial,the City searches
19 for businesses that support commercial.
20 Bergstrom stated that most - or all - of the City's churches are located in the residential area of the
21 City, as opposed to the commercial. Bergstrom cautioned Mr. Arrigoni that the request might be
22 difficult to achieve.
23 Mr. Arrigoni stated that the building is free standing, so it would be possible for the zoning to be
24 reconsidered, particularly in light of the fact that the residential area of Autumn Woods is nearby.
25 Mr. Arrigoni stated that he is encouraged to bring an updated building and to maintain a presence
26 in the City. Mr. Arrigoni stated that he felt that the Church would bring positive visions to the City
27 and he would appreciate it if the Commission would provide the Church a serious consideration to
28 amending the zoning for this particular area.
29 Tillmann said her first reaction was concern about how the property would fit in with the community
30 green space with the St. Anthony Shopping Center and Village Green space. She would be
31 interested in Mr. Arrigoni's ideas with regard to how the Church would compliment that space.
32 Mr. Arrigoni stated that the Church is interested in working with the City and would like to review
33 the plans in order to blend and compliment the City's vision.
•
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1 Bergstrom stated that Mr. Arrigoni could obtain a copy of the concept plan of the St. Anthony
2 Shopping Center from Assistant City Manager Isom.
3 Hanson wished to direct Staff to work with the City's Consultant(Dick Krier) regarding obtaining
4 some ideas from regarding incorporating the Church into the vision of the St. Anthony Shopping
5 Center. Additionally, since the Church is non profit, that building would not generate the
6 commercial tax income that a commercial building would generate. The City has made a
7 commitment to keeping the St.Anthony Shopping Center a commercial entity,and he believed that
8 issue should be reviewed.
9 Thomas echoed Hanson's comments, but stated he was torn because the Church would be located
10 in a commercial as well as a residential area. Thomas would like to review the issue further in detail.
11 Melsha shared Hanson's concerns,yet stated that there is the possibility of increasing the usage of
12 St. Anthony Shopping Center and the green space by having the Church in close proximity.
13 Hatch mentioned that the architect could be asked to modify the entrances so as to alleviate the flow
14 of traffic.
15 A gentleman from Krause Anderson, the landlord for the Hamline Shopping Center where the
06 Church is currently located, wished to acknowledge the Church's excellent record as a tenant. He
17 stated that the Church has done an excellent job in renovating the space and the area the Church
18 occupies is quite impressive. The other tenants in the building are impressed with the Church as a
19 tenant, and the landlord stated the Church would be an excellent addition to the City.
20 Stille echoed Melsha's comments regarding the synergy the Church could bring to the St. Anthony
21 Shopping Center.
22 Mr.Arrigoni continued his presentation by explaining the programs the Church offers to its members
23 and various outreach programs in which the Church has become involved.
24 Isom wished to clarify for the Commission that this is not a site-specific request because the
25. Planning Commission would be allowing churches citywide throughout the district,and then the City
26 would then issue a conditional use permit within the zone.
27 Basically, Isom stated that the Commission would be deciding if the City wished to add churches
28 as a permitted use under a commercial district,because currently churches are a permitted use under
29 a residential use.
30 Isom noted that he had spoken with City Attorney William Soth and it was determined that the only
31 way this project could proceed would be for the City to modify the conditional use permit
1 32 requirements of the City's zoning code.
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1 Isom clarified that the owner of the property needed to forward a letter to Staff stating that.the
2 Church can act on behalf of the owner. After that process, an application must be submitted for
3 rezoning.and would require three readings before the City Council. Due to the nature of the matter,
4 Isom noted it would not be likely that City Manager would waive the first two readings.
5 Bergstrom acknowledged that the next step would be to work with the property owner and put
6 together an application for rezoning. Isom stated that he would provide the application and it would
7 be up to Mr. Arrigoni to decide how to present the issue.
8 Chair Bergstrom thanked Mr.Arrigoni and the members of the Church for attending the meeting and
9 providing input.
10 5. Concept Review: 3813 Stinson Boulevard NE.
11 Chair Bergstrom requested a report from Staff.
12 Assistant City Manager Isom explained the issue of building a Fuel Mart Car Wash on the property
13 at 3813 Stinson Boulevard, NE and is zoned C. This would require a permit for conditional use.
14 Since the owners own the adjacent commercial property(Fuel Mart),if the Commission wishes,they
15 would be willing to combine the two lots into one. If the lots are combined, then it would also
16 require a Declaration of Restrictions.
17 Chair Bergstrom introduced Mr. Charles F. Habiger, HKS Associates, in attendance to represent
18 Hadi and Roger Abou-Mourad. Messrs. Abou-Mourad wished to build a cash wash and have
19 submitted an application to that extent.
20 Regarding watershed issues,Mr. Habiger stated that the site,under the RCWD,has to be 2'/z acres
21 and within 1,000 feet of a protected wetland,or the site is located in the flood plain. Additionally,
22 the site is not increasing the amount of impervious surfaces.
23 Mr. Habiger stated that, if approval is received, construction would start almost immediately.
24 Regarding consolidation of the two parcels of property, it is his understanding that there are two
25 separate mortgages by two different lending institutions, and at some point, there could be one
.26 financing package that would cover both parcels. Consolidation could be accomplished if the City
27 Council and Planning Commission so desire.
28 Tillmann inquired if there was enough business in that area to support another car wash.
29 Mr. Habiger stated that the other facilities are somewhat different. One of the other facilities is a
30 full-service car wash, and the other is a self-service car wash, and what Messrs. Abou-Mourad are
31 proposing is a drive-through car wash.
32 Thomas mentioned that the building proposed is not aesthetically pleasing and he was not sure that
03 the building was compatible with what is proposed for the area. He personally felt that a restaurant
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Page 14 Rou D G F Tf
I of sorts would be more desirable and was unsure of the neighborhood's reaction to another car wash
2 in the area.
3 Stille.inquired if the existing structure (the fuel building) would be renovated. .Mr. Abou-Mourad
4 stated that at this time, simply the car wash was being reviewed, and possibly in the future, a
5 renovation would be considered.
6 Hatch suggested that the Commission receive additional detail on proposed landscaping if this issue
7 were to come before the Commission again.
8 Mr. Habiger announced that the car wash would have a pylon sign. Bergstrom requested that Mr.
9 Habiger work with Assistant City Manager Isom regarding the City's requirements for signage. Isom
10 noted that the City allows a gas station one pylon sign.
11 Various discussion ensued regarding the combination of the two lots and the advantages and/or
12 disadvantages to the City of such combination.
13 Bergstrom noted that some of the developers in the area have met with the Silver Lake Homeowners
14 Association and discussed any proposed projects. Although Bergstrom stated that the suggestion
15 could not be given as a requirement,it would be an excellent suggestion that Messrs.Abou-Mourad
6 and Mr. Habiger meet with the Association to obtain input and provide information.
17 In response to an inquiry if the facade of the building could be improved to be more aesthetically
18 pleasing, Mr. Habiger stated that the architect would be involved and improvements would be
19 considered.
20 Jerry Kuske, who was in the audience, stated that he represented Don's Car Wash. He stated that
21 the hours of operation have been developed to match lifestyles and needs of the surrounding
22 residents. This is due to the fact,he stated,that certain warning bells or sounds must be used in order
23 to alert people to the starting of machines.
24 Bergstrom stated that he would like for the applicant to specifically address that issue in the
25 application, and that certain conditions and requirements could be implemented in the conditional
26 use permit to that effect.
27 Chair Bergstrom thanked Mr. Habiger and Messrs. Abou-Mourad.
28 VIII. CONTINUED BUSINESS.
29 1. Update on RCWD's permit No. 9611.
30 The update was provided for the Commission's information and Assistant City Manager Isom did
31 not have any further comments.
102 2. Livable Communities Demonstration Grant Application and Resolution No. 00-051.
Planning Commission Meeting Minutes 84
June 20, 2000 D Q n F I
r
Page 15 /n1
1 Assistant City Manager Isom distributed a handout regarding this issue for the Commission's review.
2 3. Sample of a Planned Unit,Development Agreement.
3 A sample of a potential Planned Unit Development Agreement was distributed to the Commissioners
4 for review.
5 IX. COMMISSIONER INPUT.
6 Bergstrom announced he will be the Planning Commission representative to the June 27,2000 City
7 Council meeting.
8 1. Commissioner Comments.
9 Stille did not have any comments.
10 Hatch commented that he had obtained a copy of an ordinance from a nearby city with regard to the
11 placing of cellular antennas and the requirement that companies work together. Hatch suggested a
12 possible action for the future that the Commission could take to implement an ordinance requiring
13 companies to work together.
14 Hatch continued by stating that he had become aware of a planning grant application and that might
5 be related to some recent issues. Bergstrom requested that Hatch receive some of the particulars of
16 the application and subsequently requested that Assistant City Manager Isom place the information
17 into the Commission's meeting packages for next month.
18 Bergstrom commented that recently he attended a League of Minnesota Cities meeting,and become
19 aware of a company that assists cities in siting communications towers. The company would
20 inventory all of the City's property,and then make an evaluation of its applicability for the siting of
21 antennas.
22 Additionally,the company would assist the City in rewriting ordinances. Then,the company would
23 build the towers, charge rent to companies who use them, and then split the income with the City.
24 Bergstrom stated that possibly a moratorium should be recommended with regard to placement of
25 . antenna towers until the Commission and City have had a chance to work out a plan.
26 Bergstrom requested that Hatch provide a copy of the proposed ordinance he had obtained to
27 Assistant City Manager Isom for distribution to the other Commissioners.
28 Isom stated he would research the issue of towers and antennas, and investigate what other cities
29 have done.
30 Melsha did not have a comment,except to say that he agrees with the concept to review a proposed
31 ordinance for handling communication issues.,
Planning Commission Meeting Minutes
June 20, 2000
Page 16 u u [rZ1 Ll
1 Thomas agreed that a recommendation could be made to the City Council to have a 60- or 90-day
2 moratorium on the issue.
3 On another issue,Thomas commented about the issue of the Frontline Church relocation. Thomas
4 suggested that if the Commission decided to move ahead with the Church's request, that the
5 Commission should investigate if other communities have faced this issue and the outcome.
6 Additionally,Thomas mentioned that it would be beneficial if the Commission had specific design
7 standards that could be referred to when speaking with developers regarding potential new projects.
8 Hanson commented that he understood that the City has had discussions with the individuals
9 regarding the Frontline Church project. Additionally,Hanson would like an explanation as to why
10 the Commission had not heard about the plans for the water issue north of 37th Avenue.
11 Bergstrom directed Assistant City Manager Isom to obtain a report on such issue, and stated that
12 there is a study being done currently with regard to the stormwater issue. Additionally,Bergstrom
13 will discuss this issue with City Manager Michael Morrison.
14
15 Tillmann inquired if the City had considered purchasing the Custom Liquidators property. Isom
16 noted that he was not aware of any such discussions.
•17 X. ADJOURNMENT.
18 Motion by Melsha, second by Hatch, to adjourn the meeting at 11:25 p.m.
19 Motion carried unanimously.
20 Respectfully submitted,
21 Sue Selseth
22 Timesaver Off Site Secretarial, Inc.
MEMORANDUM 86
• DATE: 6/9/00 MEETING DATE: 6/20/00
TO: Planning Commission
FROM: Assistant City Manager Isom
RE: Public Hearing. 4004 Fordham Drive, or Lot 4 Blk 5 Mounds View Acres
Second Addition, Lot Width and Lot Area Variance Request.
David and Pauletta Sperry are again seeking a variance for their property at 4004 Fordham Drive. The
Commission and City Council have previously heard(May 18 and May 25, 1999 respectively)and granted the
Sperry's request for a variance. According to Section 1665.06 of the City of St.Anthony Code of Ordinances,
their variance has expired. The Section,in pertinent part reads: "If a variance is granted but the building or other
structure permitted by the variance is not constructed within one(1)year from the date the variance is granted,
the variance will expire and will be of no further force or effect." City Attorney Soth has advised that the
Spery's must complete a new Petition for Variance and begin the process anew. A Concept Review on this
matter was held at the May 16,2000 Planning Commission meeting.
Staff Recommendation: Staff has received all required documents/fees and recommends approval of the
variance request.
Cc: City Clerk Kroeplin
•
•
87
121 - 20th Ave. S.W..
New Brighton, . W.d 55112
April 28, 2000
Members of the Planning Commission and City Council
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Members :
We herewith submit an application for a renewal of your Planning
Commission action of May 18, 1999 and City Council action of May
25, 1999, which actions you took in response to our March 12, 1999
petition for lot width and area variance pertaining to a parcel of
land on which we desired to build a single-family residence.
Here is a summary of events leading up to your unanimous approval
of our petition: in the, fall of 1999 , we agreed .-to purchase from
• Arvid and Eleanor Johnson their property - at 4008 Fordham Drive,
which at the time included a 60 foot wide portion we recognized as
an ideal site for a new home. During our negotiations with the
Johnsons, we informed them that our purchase of their property
would be subject to Planning Commission and City Council approval
of our Petition for Variance, which we subsequently submitted.
Upon your approval of our Petition, we completed the purchase of
the entire property from the Johnsons on June 25, 1999 , using a
mortgage to finance it. At about the same time, Ramsey County
completed its process of splitting off the 60-foot-wide lot and
assigned it a separate PIN for tax and other purposes . The location
of the lot makes us assume that the house number of the home we
build will be 4004 Fordham Drive.
The May 181 1999 Minutes of the Planning Commission state:
Motion by Horst, second by Bergstrom to approve the lot width and
lot variance requests for 4004 Fordham Drive as it would not alter
the essential character of the neighborhood and is in keeping the
intention and spirit of the Zoning Code.
Motion carried unanimously._
The Minutes of the May 25 meeting of the City Council stater
• Motion by Marks, second by Faust to approve lot width and lot area
variance for 4xxx Fordham Drive, David Sperry, Buyer,
Motion carried unanimously
88
• - -2-
For your convenience, we have attached a copy of our Petition and
its cover letter dated March 12, 1999, and also the, relevant
sections of the minutes of the May 18 and May 25, 1999 meetings of
the Planning Commission and City Council respectively, from which
we have taken the above quotes .
We offer the following reasons for submitting this current Petition
for an extension of time to proceed with our plans to build a home
on the lot we now own:
1 . We were unable during the summer of 1999 to sell our New
Brighton home, leaving us in the financial predicament of having to
make payments on two mortgages . Our original plan was to sell our
New Brighton home and live temporarily in our newly acquired home
at 4008 Fordham Drive while we built our new home on the adjoining
lot, using the approximately $180, 000 equity from the sale of our
New Brighton home. In fact, at one time last summer we were
negotiating with a potential buyer of our New Brighton home, but
negotiations came to an end when the buyer lost his job.
At that time we revised our plans as follows :
2 . We decided for financial reasons, namely two mortgage
payments,. to sell our newly purchased house at 4008 Fordham Drive. .
Even before advertising it on the open market, we agreed to sell it
to David and Mary Lindman, our neighbors just down the street at
3928 Fordham Drive. We were able to complete that sale on November
1, 1999, after the Lindmans sold their home.
3 . Because November was too late to begin building, we had no
choice but to postpone the project until spring of 2000 . During
this past winter and spring, we have been involved in the time-
consuming process of working with Planning & Design, Inc. to draft
a suitable house plan.
That process has finally met with success; with a plan now in hand
we are ready to begin building within days of receiving a building
permit. We have already lined .up .a $154, 000 home equity line of
credit from Firstar Bank, St. Anthony. branch.
Even though it came to our attention only recently that the Village
has a policy regarding expiration of variances (Section 1665 .06
Variances, Subd. 6) , following your granting of the petition in May
1999, the financial pressure of too much indebtedness left us
little choice but to delay building until one or the other of our
two homes sold. As noted above, we closed on the Fordham house on
November 1, 1999 .
• To date, our investment in the lot and other items related to this
project is close to $50,000.
89
-3-
Since we believe (1) that both the St. Anthony Village Planning
Commission and City Council used the appropriate . criteria to
approve unanimously our May 1999. Petition for Variance, and .(2)
that our Petition continues to meet the appropriate . criteria for
granting of variances (the situation now is the same as it was
then) , we therefore request you to approve this new Petition.
We regret any inconvenience we have caused the Planning Commission
and City Council as a result of this current petition, but we are
nevertheless grateful for this opportunity to submit it.
Sincerely Yours
David and Paul etta erry,
•
90
Date: _pril 28, 2000
Fee:
R-1 . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
David S. and Paulletta L. Spe i one: (651) 636 4269
Applicant: �
Address: 121 — 20th Ave. S.W. , New Brighton, MN 55112
Status of Applicant (Owner, Buyer, Lessee, etc.): Owner
Legal Description of property proposed for variance:
Street Address: 4004 Fordham Drive, St. Anthony, MN 55421
Presently Zoned: ]R_1
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
Please refer to our previous Petition and cover letter dated March 12, 1,
1. Because of the particular physical surroundings, shape, or topographical.conditions of
the parcel or lot, the proposed variance would relieve an undue hardship, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced.
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of.the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
3. The alleged difficulty or hardship is caused b the he City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
Signature of Applicant
91
121 —20'Avenue S.W.
New Brighton,MN 5.5112
March 12, 1999
Members of the Planning Commission and City Council
St. Anthony Village
3301 Silver Lake Road
St. Anthony,Minnesota 55418
Dear Members:
We are pleased to submit the attached Petition for Variance, the granting of which will
permit us to build a single family home on a vacant lot, the PIN # of which is 31-30-23-
42-0167-8,with a probable address of 4004 Fordham Drive,N.E., St. Anthony,MN.
Our need to apply for a variance arises from the fact that the lot is smaller than required
by the current St. Anthony Zoning Code. The lot measures 60 feet wide by 133.085 feet
in average depth, leaving it 15 feet less in width (75-60) and 1,015 sq. feet less in square.
• footage (9000-7985). There is no available adjoining land to add to it. There are several
other lots in the vicinity which are substandard, either because they existed before the
current Zoning Code went into effect or because variances have been granted under the
provision of the current Zoning Code.
We believe this Petition is consistent with the conditions St. Anthony Village has spelled
out for granting a variance (1665.06, Variances), namely by presenting the following
factual evidence (Subd.3. Evidence):
(a) The subject matter of the application is within the scope of this
Subsection.
(b) Strict enforcement would cause undue hardship because:
(1) The property cannot be put to a reasonable use without the variance.
(2) The* circumstances causing the hardship were not created by the
owner. .
(3) The variance, if granted, will not alter the essential character of the
locality.
(4) Economic considerations alone are not the basis of the hardship.
(c) The circumstances causing the hardship are unique to the individual
property under consideration.
(d) The granting of the variance is in keeping with the spirit and intent of the
Zoning Code.
• We believe that the variances we are requesting conform to these facts.
92
tWe are-not petitioning for a variance of the Zoning Code requirements relative to the
setback of a house from property lines (a total side-yard setback of 15 feet but not less
than 5 feet on one side) and the 35% maximum area of the parcel which can be used for a
house, including its driveways,walkways, decks, etc. We plan to stay within these limits.
We propose that the setback of our home from the curb be 58 feet which is the average of
the setbacks for the two adjoining houses.
Attached is the footprint of the house we plan to build and its proposed location on the
lot. At this time we are unable to make available a full set of drawings. * However, it is
our understanding that the final full set of house plans is subject to Village approval prior
to breaking ground. But we want to assure you that we have enough equity in the home
we currently live in to allow us to build another that will be in stylistic harmony with
homes in the neighborhood as well as being an asset to the Village of St. Anthony.
As a historical note, the matter of this lot was taken up by the St. Anthony Village
Planning Commission on September 17, 1985 and by the City Council on September 24,
1985. Copies of the minutes of those meetings are attached.
We have signed a Purchase Agreement for this property, contingent on our being granted
this Petition for Variance. We await your favorable response, believing that our Petition
is both reasonable and in harmony with the spirit and intent of the Zoning Code of St.
Anthony.
•
Sincerely yours,
David and Paulletta Sperry
93
'Date: March 11, 1999
Fee: $60.00 -
— R l . . . . . . $ 60.00
Other . . . . $100.00
CITY OF ST. ANTHONY VILLAGE
Petition for Variance
Applicant: David and Paulletta Sperry Phone: (651) 636-4269
Address: 121 - 20th Ave. S .W. New Brighton, MN 55112
Status of Applicant (Owner, Buyer, Lessee, etc.): Buyer
Legal Description of property proposed for variance: Ex W 163.07 ft ; S 15 f t of Lot 4 B l k
Street Address: 4004 Fordham Driv Ex W 163 . 07 ft ; N 45ft. of Lot
Presently Zoned: R-1 Blk 5 -
Minnesota Statutes and City Ordinances require that the following conditions must be satisfied
for approval of this request. Please respond to these conditions using additional sheets if
necessary.
1. Because of the particular physical surroundings, shape, or topographical conditions of
the parcel or lot, the proposed variance would relieve an undue hardship, as
distinguished from a mere inconvenience, should the applicable ordinance be strictly
enforced.
The current Zoning Code does not permit a single family home to
be built on this 60 foot lot unless a variance be granted , in
which case the lot can be put to its best and greatest use .
2. The purpose of the proposed variance is not based exclusively upon a desire to increase
the value or income potential of the parcel of land, but would correct extraordinary
circumstances applicable to this property but not applicable to other property in the
vicinity or zoning district.
Granting the variance would correct the extraordinary circum-
stance that the lot has no adjoining land that can be added to
it to meet current Code requirements, meaning that '-without the
variance the new owner is unable to use it. for building a home .
3. The alleged difficulty or hardship is caused by the Qy Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
Prior to the passage of the current Zoning Code, many homes in
St. Anthony Village were built..on lots less than 15 feet in
width and 9000 in square feet, ` , d since pas ge of current Cod
variances have been grante .
• for lots in the vicini y
smaller than currents tune of Applicant
Code specifications. . C
Notet We are petitioning only for variances .on lot width and square feet.
Code regulations regarding setbacks and the 359 proportion of lot
allowed for our home and its driveway, walkways and decks will be honor
94
Planning Commission Meeting Minutes
May 18, 1999
Page 3
1 was given to the design of the structure,which incorporates,architectural elements of an
2 amphitheater previously located on the site.
3
4 Hanson asked for an approximate distance between the proposed sidewalk and the sidewalk on
5 St. Anthony Boulevard. Mr. Bridges estimated a vertical distance of 15 feet.
6
7 Bergstrom closed the public hearing at 7:16 PM.
8
9 Bergstrom stated the Sunset Park had a concept review recently and the issue presented no
10 particular concern to him. Hatch asked whether a heavy snowfall would affect the structure as it
11 relates to city ploughing. Bergstrom stated this was not the case due to the slope.
12
13 Horst stated the hardship is the apparent danger to employees,heavy equipment access, and the
14 inconvenience to families. He expressed understanding that there was some question in the
15 original plans as to whether sidewalk would be considered part of the structure.
•16
7 Motion by Horst, second by Bergstrom to approve a five-foot variance to allow for construction
8 of a five-foot wide sidewalk in the setbacks on the northeast and northwest sides of the
mausoleum as this does not alter the essential character of the area and strict enforcement would
20 cause undue hardship.
21
22 Motion carried unanimously.
23
24 Bergstrom stated the Commission would make its recommendation to the City Council at their
25 May 25, 1999 regular meeting and encouraged representatives from Sunset Memorial Park to be
26 in attendance.
27
28 B. 99-03 Dave Sperry, 4004 Fordham Drive Lot Width and Lot Area Variance Requests.
29 Bergstrom opened the public hearing at 7:19 PM.
30
31 Ms. Moore-Sykes stated that Arvid and Eleanor Johnson, owners of 4008.Fordham Drive,
32 recently filed a lot split and replat with Ramsey County that had been approved by the City
33 Council twelve years ago. They had delayed this filing because they felt that they would be
34 adversely affected by property taxes and they were not ready to sell the resultant vacant parcel.
35 Staff called the property offices in Ramsey County and verified that they had recorded the lot
36 split and replat.
• 37
z8 Mr. and Mrs.David Sperry, currently residing in New Brighton,have a tentative purchase
19 agreement with the Johnson's,to purchase the lot that was resultant from the split of 4008
Fordham Drive. Mr. and Mrs. Sperry would like to build a$130,000 home for themselves on
41 this vacant lot but would like to have the variances approved before they close on this property.
95
Planning Commission Meeting Minutes
May 18, 1999
Page 4
1 . Staff has advised them that they also need to be aware of the setbacks and lot coverage
2 restrictions for this zoning district. As their letter indicates,they are aware of the need to address
3 those issues without requesting additional variances.
4
5 The lot in question is 60 feet wide and its area is 7,985 square feet and as such, not considered a
6 buildable residential lot according to City Ordinance. The Ordinance states that a residential lot
7 in the R-1 Zoning District must be at minimum 75 feet wide and an interior lot must be not less
8 than 9,000 square feet. The Sperrys are asking for a lot width variance of 15 feet and a lot area
9 variance of 1,015 square feet.
10
11 In granting the variance,the essential character of the neighborhood would not be altered and
12 would be in keeping with the intention and spirit of the Zoning Code. It is also possible that this
13 lot can not be put to reasonable use without these variances.
14
15 Mr. and Mrs. Sperry contend that there is a hardship in that the owner did not create this situation
16 and that the Council had approved this lot split in September 1985.
• '7
18 Horst asked whether the Ordinance regarding minimum lot size was.written prior to 1985 when
the Johnson's original lot split was approved. Ms. Moore-Sykes stated the Ordinance was
20 written in 1978 when many 60-foot wide lots existed and the City wanted to set a new tone for
21 available vacant property.
22
23 Stille asked how old the community was, and when the plat was originally filed. The Johnson's
24 confirmed their house was built in 1963 and was one of the first on the block.
25
26 Melsha noted a question had been raised with regard to storm water issues in that neighborhood
27 and a building moratorium which had been imposed. Ms. Moore-Sykes stated that moratorium
28 was no longer in effect.
29
30 Bergstrom invited the Johnson's and Sperry's to address the Council. Mr. Sperry presented
31 plans for his proposed home, adding the home fits in with the style of homes in the neighborhood
32 and falls within the 35%lot coverage.
33
34 Tillman noted a petition signed by neighbors in support of the request, and asked whether all
35 surrounding neighbors were included on the petition. The Johnson's confirmed that all the
36 surrounding neighbors have signed the petition.
• 37 -
38 Bob Graham,4020 Fordham Drive, expressed concern over flooding issues in the neighborhood
39 which the City has done nothing to rectify after promising to address them before any
construction could commence. He requested that the City understand that continued deviation
96
Planning Commission Meeting Minutes
May 18, 1999
Page 5
1 from its policy by the continued issuance of such variances affects other resident's rights in
2 regard to storm sewers and flooding.
3
4 Horst asked whether Mr. Graham believes that the addition of a new home on the resultant lot
5 would mean less impervious surface and cause more run-off. Graham stated that none of the
6 neighbors know what it will take to cause flooding,but every inch of water is of concern. Horst
7 stated that he was unaware that area was under consideration for flood correction. Ms. Moore-
8 Sykes stated this area is still part of the overall plan for flood relief in the City.
9
10 Keith Gordon,4012 Fordham Drive, expressed support of the Johnson's planned lot split, stating
11 he has been their neighbor for 30 years and is a civil engineer. He added he had done some
12 calculations and noted that flood problems in the neighborhood would not be caused by this new
13 construction but because the Silver Lake Road watermain is undersized to handle flooding from
14 major storms. He noted that constructing 1 home is insignificant in terms of water added to the
15 storm sewer system.
16
7. Bergstrom closed the public hearing at 7:38 PM.
.8
Horst stated that in his opinion the City would not have approved the lot split in 1985 without
20 also approving of the intention to put a home on the resultant lot. He added the request is in
21 keeping with the current goals of the City, including the improvement of housing stock and
22 increased tax revenues.
23
24 Horst expressed his support of the request, stating the only negative aspect of the request is the
25 creation of a less than ideal-sized lot, although no further variances would be required and there
26 is strong neighborhood support.
27
28 Hanson expressed concern that a precedent would be set for lot size, adding the Ordinance
29. pertaining to lot size might need to be revisited. He added the lot in question is a beautiful treed
30 lot and could present a.potential flood situation.Bergstrom stated a precedent has already been
31 set and where appropriate the City is willing.to consider and approve such requests.
32
33 Stille stated the hardship issue is not caused by the Johnson's who obviously did their homework
34 when they purchased the lot.
35
36 Motion by Horst, second by Bergstrom to approve the lot width and lot area variance requests for
37 4004 Fordham Drive as it would not alter the essential character of the neighborhood and is in
'8 keeping with the intention and spirit of the Zoning Code.
.,9
Motion carried unanimously.
41
97
City Council Meeting Minutes
May 25, 1999
Page 4
1 Cavanaugh thanked Mr.Bridges for his efforts in maintaining the cemetery which is a
2 wonderful park, adding the residents are the beneficiaries.
3
4 Motion by Cavanaugh, second by Thuesen to approve a sideyard setback variance request
5 from Sunset Memorial Cemetery.
6
7 Motion carried unanimouslv.
8
9 2. Dave Sperry; for 4XXX Fordham Drive, width and lot area variance requests.
10 Mr. Stille explained that a request is recommended for approval by the Planning
11 Commission for lot width and lot area variances on property which Arvid and Eleanor
12 Johnson intend to sell to Mr. and Mrs. David Sperry.
13
14 Marks stated there is clearly a hardship in this case as created by City ordinance.
. 15
16 Cavanaugh stated a reference had been made to water problems in the area., and asked if
17 that issue had been resolved. Stille stated a resident of that neighborhood, who is a civil
18 engineer, indicated he believes water problems in that neighborhood are caused by
19 inadequate pipes on Silver Lake Road and not the addition of 1 home.
20
21 Motion by Marks, second by Faust to approve lot width and lot area variance requests for
22 4XXX Fordham Drive, David Sperry,Buyer.
23
24 Motion carried unanimously.
25
26 3. Coppo Partners, 2837 Anthony Lane South, yard setback variance
27 request.
28 Stille explained that a request is recommended for approval by the Planning Commission
29 for rear yard variance request by Coppo Partners to construct a warehouse addition at
30 2837 Anthony Lane.
31
32 Marks asked what hardship was associated with this request. Stille stated the building
33 was built in 1972 while the zoning code was modified in 1978 and as such the code
34 created the hardship. Marks asked whether the proposed addition requires a variance
35 because of its placement in relation to the existing building. Stille stated the variance
36 relates to the whole structure because it was grandfathered in.
• 37
38 Faust stated the building is nonconforming at its present site, and the addition requires a
39 variance as it is being added to a nonconforming use.
40
03/30/2000 7:51 AM RAMSEY COUNTY PAGE 245
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